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HomeMy WebLinkAboutAgenda Packet 1991/09/17 "I de:; ";. 1 w,":ar ;":.~nJ;ty af pgrjury t~1at I am em;:> '"j'j ~:' c ::i >11' of C:~!lI~i.i Vjs'~a in the Oi,cic' Jw . jt, Clef:... f.m::1 that I posted thi!i i il':':'~/N{)~i:c an t:"!Q t3JHotin Board Dt the Public S rVIC S Bu.ldin~~ ~nd at City Hall p" _ DAT""D 1: SiGNED ~.I'0d~A- Tuesday, September 17, 1991 .., . V F/" Council Chambers 6:00 p.m. Public Services Building Resrular MeetinS!: of the City of Chula Vista City Council CAll. TO ORDER 1. CAll. TIIE ROIl.: Councilmembers Grasser Horton ~ Malcolm ~ Moore ~ Rindone ~ and Mayor Nader _' 2. PLEDGE OF AIl.EGIANCE TO TIIE FLAG. SILENT PRAYER 3. APPROVAL OF MlNlITES: August 28, September 3 and September 10, 1991 4. SPECIAL ORDERS OF TIIE DAY: None submitted. CONSENT CALENDAR (Items 5 through 11) T1u! staff~ regarding tlu! following items Iistl!d undo tlu! Consent CoJouJm will be enm:ted by tlu! CoundJ by DIU! motion wiIhout discussion unkss a CoundInrember, a mmaber of tlu! public or CiIy stoff requests tJwt the item be pulkd for discussion. If you wish to speak on DIU! of these items, please fill out a "RetpJHt to Speak Form" avaiIable in tlu! lobby and submit it to tlu! CiIy C/nk prior to tlu! meeting. (Complete tlu! green form to speak in favor of tlu! staff ~ complete tlu! pink form to speak in opposition to tlu! stoff recommendation.) Items pufkd from tlu! Consent Calendar will be discussed after Pub1il: Hearings and Oral Communications. Items pulkd by tlu! public will be tlu! first items of business. 5. WRITfEN COMMUNlCATIONS: a. Request to consider a traffic light at the off-ramp of 1-805 South and Main Street by way of a traffic analysis to include placement of speed limit signs and school crossing signs - Mr. and Mrs. William F. Speir, 1453 Oleander Avenue, Chula Vista, CA 91911. b. Request to support National City's efforts to have CalTrans construct a new off-ramp for Plaza Bonita from 1-805 North. Charles G. Peter, 435 Stoneridge Court, Bonita, CA 91902. c. Request to be advised of actions being considered and! or recommended by the City of ChuIa Vista regarding Appropriate TeBmologies II, Incorporated (APTEC II) permit renewal - Jerry W. McNutt, 522 Tallow Court, Chula Vista, CA 91911. d. Claims against the City - Claimant No.1 & 2: Claudia Angeles, Joyce Nicolas, c/o Beverly Hagins-Marshall, Esq., 45 Third Ave., Ste. 201, ChuIa Vista, CA 91910; Claimant No.3: Meritplan Insurance Company, as Subrogee for Teodoro Fresgoso Appel, P.O. Box 19702, Irvine, CA 92713-1606; Claimant No.4: Marguerite Williams, c/o Law Offices of Grayson & Grayson, 10880 Wilshire Blvd., Ste. 2121, Los Angeles, CA. 90014; and, Claimant No.5: Ronald J. Whitehurst, c/o David S. Robbin, Esq., Lowell & Robbin, Attorneys at Law, 707 Broadway, 17th Floor, San Diego, CA 92101-5311. It is recommended that the claims be denied. Agenda Page 2 September 17, 1991 6. - ORDINANCE 2477 ESTABUSHING A SPECIAL SEWER RATE AREA FOR THE WOODCREST TERRANOVASUBDMSlON (second readinl!: and adoDtion - The ordinance establishes a special sewer service rate area to provide for City costs associated with maintenance and operation of a sewer pump station setving the Woodcrest Terra Nova Subdivision. Staff recommends Council place ordinance on second reading and adoption. (Director of Public Works) 7. ORDINANCE 2478 REZONING CERTAIN TERRITORYGENERALLYBONDED BY MAIN STREET TO THE NORTH, BROADWAY (BEYER BOULEVARD) TO THE EAST, FAIVRE STREET TO THE sourn, AND 27TI1 STREET TO THE WEST (ASSESSORS PARCEL NUMBERS 629~1 AND 629-010-01) FROM THEIR CITY-ADOPTED COUNTY ZONE CLASSIFICATION C-37 TO aTY CLASSIFICATION C- T-P AND TO CHANGE THE ZONING CLASSIFICATION FROM R-1 TO C-C-P FOR APPROXIMATELY 3.65 ACRES OF LAND LOCATED AT THE soUTHEAST CORNER OF EAST H STREET AND OTAY LAKES ROAD (second readinl!: and adoption) - Staff recommends Council place ordinance on second reading and adoption. (Director of Planning) 8. RESOLUTION 16325 APPROVING AN AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR I-M5 AND TELEGRAPH CANYON ROAD INTERCHANGE IMPROVEMENTS AND APPROPRIATING $338,000 THEREFOR _ On 7/24/90, Council approved Resolution 15735 expressing willingness to fund the City's portion of the cost for Phase I of I-80S and Telegraph Canyon Road interchange improvements. This action was necessary to enable CalTrans to complete their project report and obtain State funding approval. The project report is completed and CalTrans is now prepared to proceed with the project. The total cost for the proposed project is $594,000. The City's share of the total cost is $297,000. The subject project is identified in the City's Transportation DIF Program. Sufficient funds are available to cover the City's share of the cost. Staff recommends approval of the resolution and appropriating $338,000 from the unappropriated balance of the Transportation DIF Account. (Director of Public Works) 4/5's vote required. Continued from the meeting of 8120/91. 9.A. RESOLlITION 16343 DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN IMPRoVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS FOR ASSESSMENT DISTRICT NUMBER 90-1 (SALT CREEK I) - On 7/23/91, Council accepted the property owner petition for the initiation of acquisition assessment district proceedings, pursuant to the Municipal Improvement Act of 1913, for the fmancing of certain public improvements serving the Salt Creek I, located at the intersection of East "H" Street and SR-125 in the Eastlake development. This item continues the formal proceedings leading to the establishment of the Salt Creek I assessment district. Staff recommends approval of the resolution and that Council set the date and time of the public hearing for October 22, 1991 at 6:00 p.m. (Director of Public Works) Agenda Page 3 September 17, 1991 B. RESOLUTION 16344 PASSING ON TIm "REPORT" OF TIm ENGINEER, GMNG PREUMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBUC HEARING 10. RESOLUTION 16345 APPROVING SIITl1.EMENT AGREEMENT, RELEASE AND MODIFICATION WITI-I CHULA VISTA CABLE AND AUTIiORIZING TIm MAYOR TO EXEClITE SAID 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. Staff recommends approval of the resolution. (Director of Finance) Continued from the meeting of9l10/91. 11. RESOLUTION 16346 APPROVING GRANT APPUCATION FOR SAN DIEGO COUNl"Y'S RECYCUNG TECHNICAL ASSISTANCE PROGRAM - Grant application is for the expansion and new development of commercial and industrial recycling programs in the City. Staff recommends approval of the resolution. (City Manager) * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES ThL following itJ!ms have been advertised and/or posted as public hLmings as required by law. If you. wish to speok to any item, p1eJJse fiO ouJ the "Request to Speak Form" avaiJLlble in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speok in favor of the staffrecommendation; complete the pinkform to speak in opposition to the staff recommenda1ion.) Comments are limited to five minutes per individuaL None submitted. ORAL COMMUNICATIONS This is an opporl1miJy for the general public to address the City Council 011 any subject matter within the Council's jurisdiaion that is not an item 011 this agenda. (State law, however, generally prohibits the City Council from taking action 011 any issues not included 011 the posted agenda.) If you. wish to address the Council 011 sw:h a subject, please complete the yellow "Request to Speak Under Oral CommunicaIions Form" avaiJLlble in the lobby and submit it to the City C1erk prior to the meeting. Those who wish to speak, p1eJJse give your name and address for record purposes and follow up action.. Your ~ is limited to three minutes per speaker. ACTION ITEMS ThL itJ!ms listed in this section of the agenda are expected to elicit substantial discussWns and deliberations by the Council, staff, or members of the general public. ThL itJ!ms will be considered individuaIIy by the Council and staff recommendations may in certain cases be presented in the altemative. Those who wish to speak, p1eJJse fiO ouJ a "Request to Speak" form avaiJLlble in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to five minutes. 12. RESOLUTION 16347 AMENDING FISCAL YEAR 1991-92 BUDGET AND PROVIDING FOR TIm APPROPRIATION OF FUNDS FOR SALARY, FRINGE BENEFITS INCREASE AND OTHER RELATED ITEMS - When the Fiscal Year 1991-92 budget was approved by Council, there remained many questions regarding the impact Agenda Page 4 September 17, 1991 of the State's budget. That impact has largely, although not completely, been determined and it is requested that Council amend the budget to include the correct amounts for salary and benefit changes, other miscellaneous amendments and, as requested, return to the "Wish List" to determine if any items should be included in the amendment. In addition, the Council approved salary increase of 5% for all employees must be appropriated. As a result of these adjustments, it is recommended that the originally approved budget of $49,359,449 be increased to $50,604,992. There are sufficient estimated revenues to balance this proposed budget. Staff recommends adoption of the resolution amending fiscal year 1991.92 budget. (City Manager) 4/5's vote required. 13. REPORT CHULA VISTA COMMUNllYYOUTII CENTER - Construction of the youth center is expected to be completed in early October 1991. This report provides an overview of the Department's analysis of two possible options in determining how the community youth center at Chula Vista High School could be managed and operated. Staff recommends that the City Council accept Option Number One whereby the City would operate the facility in cooperation with the Sweetwater School District. Other providers including, but not limited to, the Boys and Girls Club and the YMCA, would be allowed to offer programs as space availability and time permits and would share in the proportionate cost of utilizing the facility. (Director of Parks and Recreation) 14. REPORT COUNCIL STAFF ASSISTANCE - The Council will be called upon to evaluate and deliberate on the issues associated with creating Council staff assistant positions ("Council StafF), and, as the Council deems appropriate, to implement certain ordinances and resolutions that will achieve such purpose. (Deputy City Manager Thomson/City Atrorney) 15. REPORT UTIlITY UNDERGROUND CONVERSION FOR PIFTII AVENUE BE1WEEN "L" AND NAPLES STREETS - On September 10, 1991 the City Council directed staff to prepare a report on the undergrounding of utilities on Fifth Avenue between "L" and Naples Streets. This report also addresses the next phase of Fifth Avenue between Naples Street and Orange Avenue. The plans on this project are nearing completion and staff is working with the utility companies on the relocation plans. Staff recommends that Council accept the report. (Director of Public Works) BOARD AND COMMlSSION RECOMMENDATIONS This is the time the Ci1.y Council will consider items whii:h luzve been fOl"Warded to them for consideration by OIl/! of the Ci1.y's Boards, Commissions and/or Committees. 16. REPORT ENVIRONMENTAL AGENDA FOR THE 90'S - Beginning in August of 1990 the Resource Conservation Commission considered the "Environmental Agenda for the 90's' as submitted by Mayor Nader, who was Councilman Nader at the time. The August meeting was conducted as a public hearing with input from the development community and the Sierra Club. There are 57 items to the agenda, each including Mayor Nader's proposal and the Commission's recommendation. Agenda Page 5 September 17, 1991 Recommendation is for Council to adopt the 57 item "Environmental Agenda for the 90's" as amended by the Commission. (Chairman of the Resource ConselVation Commission) ITEMS PUIJ.ED FROM TIlE CONSENT CALENDAR This is tIu! time tIu! CiJ.y Council will discuss items which have been removed from tIu! Consent Calendor. Agenda items pulled at tIu! request of tIu! public will be considered prior to those pu1Ied by Councilmembers. Public comments are limited to five minutes per individuaL OTIiER BUSINESS 17. CJ1YMANAGER'SREPORTfS) a. Scheduling of meetings. 18. MAYOR'S REPORTfS) 19. COUNCIL COMMENTS Councilman Rindone: Request to expand the after school recreational program at three additional sites with a second recreational aide at a cost of $7,260 from september 1, 1991 to June 30, 1992. Continued from the meeting of 8/27/91. Councilman Moore: Council consideration to appoint nominees to the Mobilehome Rent Review Commission by either a nominee from each individual Councilmember or by a Council interview process. The rationale for this is that this is an unusual Review board and the action of this Commission would not be appealable. 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 Potential disposition of Redevelopment Agency-owned properties in the Bayfront Project Area (Assessor's Parcel Numbers 567-010-4, 567.010.18, 567-010-19, 565-310-9, and 565-310-25) pursuant to Government Code Section 54956.8 The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on September 24, 1991 at 6:00 p.m. in the City Council Chambers. September 13, 1991 TO: The Honorable Mayor and City Council FROM: SUBJECT: Sid W. Morris, Assistant City Manager /C2,~ ~, City Council Meeting of September 17, 1991 Transmitted herewith are the agenda and related materials for the regular City Council meeting scheduled for September 17, 1991. Comments regarding the Written Communications are as follows: Sa. This is a letter from Mr. and Mrs. William Speir requesting that the City consider placing a traffic light at the I-80S and Main Street off-ramp. As per the information provided to the Council during the September 7 Council tour, staff is working with Caltrans to install signals at these off-ramps. The City's consultant is preparing the project report and traffic signal construction plans required by Caltrans. Once these are approved by Caltrans, we will be asked to enter into a cooperative agreement with Caltrans. We believe the agreement will be ready for Council consideration in February 1991. IT IS RECOMMENDED THAT MR. AND MRS. SPEIR'S LETTER BE RECEIVED AND FILED AND THAT STAFF INFORM THE SPEIRS ABOUT THE STATUS OF THE PROJECT. Sb. This is a request from Mr. Charles G. Peter requesting that the City support National City in their attempt to have Caltrans construct a new off-ramp for Plaza Bonita Road from I-80S north. Staff has worked with Caltrans on this item and, as Mr. Peter states, Caltrans has objected. Nevertheless, we believe that the off-ramp sought by National City would help improve the traffic situation at Bonita Road and Plaza Bonita Road. IT IS RECOMMENDED THAT THE CITY COUNCIL EXPRESS THEIR SUPPORT FOR NATIONAL CITY'S EFFORTS AND THAT STAFF BE DIRECTED TO PREPARE A LETTER FOR THE MAYOR'S SIGNATURE TO CALTRANS IN SUPPORT OF THIS PROPOSAL. Sc. This is a request from Jerry McNutt to be advised of actions being considered and/or recommended by the City regarding the Appropriate Technologies 11 (APTEC II) permit renewal. Oue to the complexity of the situation and the legal implications that may be involved, staff in the City Manager's Office and the Attorney's Office will be reviewing this matter and preparing a report to Council within the next two weeks. IT IS RECOMMENDED THAT MR. MCNUTT BE ADVISED OF STAFF'S INTENT AND NOTIFIED OF WHEN THE ITEM WILL BE CONSIDERED. Sd. IT IS RECOMMENDED THAT THE CLAIMS AGAINST THE CITY FILED BY CLAUDIA ANGELES, JOYCE NICOLAS, MERITPLAN INSURANCE COMPANY, MARGUERITE WILLIAMS, AND RONALD J. WHITEHURST BE DENIED. SWM:mab trans .i: d.' SEP 4 /991 I ~fY6Ju,0;C-;.\;f,icl3-J CHUl.... 'J(.3T:;, Cr\ , August 29, 1991 0_..___......__... The Honorable Tim Nader Mayor of Chula vista, California Dear Mayor Nader, We are trying to keep our street a residental street only. The enclosed petition we sent to the Chula Vista Transit company is one concern. The other is the increased commercial traffic, i.e., Laidlaw Waste Systems and Pacific Bell trucks, along our street. We ask that you please consider a traffic light at the off-ramp of 805 South and Main Street so that these trucks can make that left-hand turn more easily and not feel the need to use Oleander Avenue for the ease of a left-turn onto Main Street. We have a very busy street already and soon the children will be back in school and we do not need these trucks going at an unsafe speed down Oleander. Could you please address this problem for us by way of a traffic analysis to include placement of speed limit signs and school crossing signs which are now either non-existent or obscured. Thank you. Sincerely yours,. ) .Lk~<!>? "~ -<---- ..IJ ~u.:,... fl, ~v'- 1543 Oleander Avenue Chula Vista, CA 91911 421-7535 \" ,. \ II ). , \_\\.- \ ,\t "', \ .\\~\\ i '~\'\ ~,,'- \__ ~ l~. , " C" '-"'-...\ \.. ""':- \'\.\., \ ~/ l j,,\.., \-'~ -'--~ (. y,'-,' ~) : ~ ~ -/ -\L '-----_ A PETITION TO CHULA VISTA TRANSIT FOR RELOCATION OF ROUTE '703 We, the undersigned residents of the Oleander Avenue, Sequoia Street area, do hereby petition the Chula Vista Transit company to relocate the bus route 703 from running south of Orange Avenue along Oleander to Sequoia Street, to running east on Orange Avenue and using Brandywine Avenue as the main throughfare for the route. The reasons we make this petition are: Noise POllution: We are experiencing an increase of squealing brakes and bus gears from once an hour to at least three times an hour as the buses come around the corner at Sequoia. The residents between Oleander and Olive Street experience three times that amount as there are two bus stops and one s~op sign in tnat one block area! (We are only talking about a four house area in that block.) We cannot even enjoy an hour-long television program without the noise interference of the buses. Air POllution: The exhaust from all the above mentioned stops and starts, while probably unleaded, is still smelly and leaves our bushes, flowers, and fences covered with a soot-like blackness. Increased Traffic: We had looked forward" to the opening of Brandywine Avenue to alleviate some of the tremendous traffic that already occurs on Oleander between Orange and Sequoia. Unfortunately that did not happen and now we have buses also!! In September, when school starts, the traffic on this one block will be horrendous. Increased Dangers: Oleander is a narrow street with curves. There have already been instances when cars parked along the street have caused the bus to come across the yellow line, making oncoming traffic swerve to avoid being hit. This is a curve that is right by the school--a dangerous place to be avoiding collisions. We feel that moving the route to Brandywine does not cause much hardship to anyone. It is only one block more to walk to the stops, plus the few homes that are actually on Brandywine are farther off the street, and the street is wider and safer for aLL concerned. Please, we feel that the installation of this route was not properly researched before it started. Would you please now just stand on our terrible corner some morning or evening traffic hour and see what we mean about the whole street--then implement our petition. Thank you. We are forwarding a copy of this petition to Mayor Tim Nader along with our concerns about other increased commercial traffic on our street. The Chula Vista Police Department is already aware of some of the problems. ~-~ A PETITION TO CHULA VISTA TRANSIT FOR RELOCTION OF ROUTE 703 1'"1-" Olan/u 4</(,... IS)~ O~ ~.. !5d3 a&~~ /,.=n;'2-~~. If I r /SSB c9-~ If I( 1~5{, ~. t .P--- fu...... /5c:l" O~..~ /5d& O~dA ~ . /..j~6~a.J /5:Jj" 0 " (/ I d".3.;J O~ ClAt<.eJ . ~ P'~. Cll f/9// Ib3c/ (YGAlPclc,(. 4v6 /~.:3'f O~LU ~u I 15'1 3 8~~<JA ~~ __ ... /~ ~~~<.~_. - u. ~-J A PETITION TO CHULA VISTA TRANSIT FOR RELOCATION OF ROUTE-703 /_11/ () Il//t2:l!d~(/ Ih-I ,/./), . ~ ,~J2 / -5 ~/:J.. 2- /-1 V c: c: r . 5 jlo~url\C{ sA- ~ J ",- 'I ~ (f) /,(/(7 ~ ._-~~- /.S~ ~ y tJ a ~ ..J2---r ,t;h u - ~o..~ '- ,./~,' C' ',.,! J ') " -, ,1,1, " .... : ',',' .-~ 7 .Ii {"f/Iv flb d -1---1ft<- /J4~ ' -- i s-cf(P ouiC l1(1iJ[/C.nVe C. l/ ~..I;I# /JA.4ndM/d~ (!.l( r (l ~- /52/15 6L&Pd O-tx..v-P " ~ ~ rWE' ~~'I( ,~~ /.,;'31 f)~~~ ~ IS~9~A2/1/~"' Sa- - 'I I'ud I j ~',i "') CO:R.N":EL~. SEP OFFICE PRODPC-(s-i;Ti-"/,;',' i...,....... 9 "r} t !:::ES .,_J ...._~Gf~., September 3, 1991 City Council City Hall 276 Fourth Avenue Chula Vista, CA 91910 RE: Bonita Plaza Off Ramp The citizens of Chula Vista and our City Council should support National City's efforts to have Cal Trans construct a new off ramp for Plaza Bonita from I-80S North. It would have a significant impact on reducing traffic congestion at the inter- section of Bonita Road and I-80S. The short off ramp was covered as an alternate solution in the November 1987 Sweetwater Valley Traffic Study. Traffic coming north on I-80S and going to Plaza Bonita would stay on I-80S, cross over Bonita Road and exit on the eastbound South Bay Freeway. A new short connector road would then run from the South Bay Freeway to Plaza Bonita. It appears to me to be less than 100 yards over clear land. Cal Trans was against this solution in 1987 and it appears they still object to it. They say "Every off ramp needs to have an on ramp in the same area." This is not possible in this case. Cal Trans has argued that there are relatively few cars involved. Their report showed 270 vehicles during the peak hour. I would argue that it is not the number of cars but the fact that they must change lanes 2 to 4 times within a very short distance that causes much of the congestion. Cal Trans also argues that the change would only help the north- bound traffic. This is not true. By reducing congestion in the area, traffic going in all directions would be helped. \\;\ \\\i:t C l\) \:..,.\-\ ('tJ-~\'\ ~V~ '<-l",.' k', ( . . '-. '\."'\ l '\ '\t" "-( \...... ,( ,\'~, (:\, ;.j--.\:...."\\~.- I..\--..:.(:\~\.,- The Bonita Road/I-80S intersection is a major problem. When we have an opportunity to reduct its traffic load we should work for it. Let I s support National City on this lmportant item. 1,< ~--?"1 -- ,f " I- .. // '-;/c~~;1~7 G~~~;!-; ~ ., ~~ 435 Stoneridge Ct. /' Bonita, CA 91902 51;-', i' '.)i- ."'-'<', SFP 5 !991 RECEP/ro ,,}, , "91 SEP 11 A~%&4 j':' , ".991 5~L Tall:,w Cuur: cln . i ';,h u fFA Vis t a, C aJl q " 1 - :, " j 6 CITY C:' c -:' . ci'E The Eonorable ~'1ayor ariQ Cl:Y C(>un,~i l City of Chula Vista 276 Fuurth Avenue Chula VIsta, Ca 9':'Yl~' Re: APTEC II Perm,t Renewa, Dear Mayor and City Council: 0~ July 30, 1991, a publlc hearing regaraing Appropriate Technologies II, Incorporated (APTEC II) draft pern.i t detel-mir.,at io:., was held at Valle Linde School Subsequent to the public hearing, I forwarded wri .~ten conunent:::; to the California Environmental ProtectIon Agency, Department of Toxic Substance Control, Region 4. My cornments included the fOl lowi~g: "The perml t, 1 f approved, should llmi'.: C'per.Jt l(\n:..~ tCr ~:::,nl y thuse which were being conducted at the time of expIration of the permit in 1988 and incorporate a sunset provisic~ requir"irig tr.e tacility to be relecated. The permit per::.oci should not exceed the c~rrent timeline estaDJish3d in "he la~d use lease and service aqreement between ,he County ot San DIego and APTEC II." It is requested that I be advised if any cf the fOllowi~g dC:1C~S have been considered and/~)r rec\)ITJTIer.deC1, In::l';ldl:1Q ;;rc Jr ::In supporting ratio~aler by the CIty of i_hula Vista: . . RescInd.ing or canceling the COr:dltic,na.. use pe:-mit lS.->l1ed ir. 1981~ 2. Placing reStriC(lOnS on the incl ud,ng I imi t i:-,g ope rat Ions sunset provlsion requiring the co~dit:onal use ano. the i.ncl'Js.:.on t._ermi t ot. faCllity :0 be re~ocate6? 3. Has the I=i ty of Ch\.11a Vista ofI1Cially r("~quested "'~he County of San Diegc Beard or .3upervisors tc ir.clude irl the County of San Diego's lease and service agreEmen': with APTEC II restrictions on operatior.s and a sunset provision requiring the facility to be relocated; U'7M<I) /'.2 ,t2#;:, L-d7 '%, I ~{5 -i /\k1j ~ r71~./~ -~.WRITTEN COMMUNICATIONS ~d~Z1'-~ g4~~ -,r~. --- .5c;,rl <" "I; . . 4, Hhen does the cun'ent lease and service aqreement bet'leen the Ccunty of San Diego and APTEc II expire and aoes It contain any operational restrictions ~,r a s~nset provision requiring the facility to be reloca~ed? SincerelY, 9~tu. h,.~ Jerry W. McNutt GC: BrIan Bilbray, Super~/iS01' Distr:ct Steve Peace, Assemblyman, District b( Chula Vista Star News Sc. -02. COUNCIL AGENDA STATEMENT Item 5) Meeting Date 9/17/91 ITEM TITLE: Claims Against the City SUBMITTED BY: Director of personnel~~ (4/5ths Vote: Yes No~) REVIEWED BY: city Manager~ Ms. Claudia ~geleS Ms. Joyce Nicolas c/o Beverly Hagins-Marshall, Esq. 45 Third Avenue, suite 201 Chu1a vista, CA 91910 Claimant No.1: Claimant No.2: On August 20, 1991, claims within the jurisdiction of the Municipal Court were filed against the city of Chula vista, by Ms. Claudia Angeles and Ms. Joyce Nicolas, in connection with their vehicles hitting an unmarked water valve in the roadway on Telegraph Canyon Road on February 27, 1991. The claims alleged that the city failed to mark street construc- tion which resulted in property damages and personal injuries. Because the roadway was under construction by Cass Construction Com- pany, there is remote liability on the part of the city of Chula vista. It is the recommendation of our claims administrators, Carl Warren & Company, and Risk Management, that these claims be denied. Claimant No.3: Meritplan Insurance Company, as Subrogee for Teodoro Fregoso Appel P. O. Box 19702 Irvine, CA 92713-1606 On August 8, 1991, Meritplan Insurance Company, as Subrogee for Teodoro Fregoso Appel, filed a claim against the City for an amount within the jurisdiction of the superior Court. The claim alleged the City is responsible for a traffic collision on May 21, 1991, in the 1500 block of Telegraph Canyon Road at Apache Drive, because construction vehicles allegedly blocked the vision of a driver making a left hand turn onto Apache Drive. Because the roadway was under construction by Cass Construction Com- pany at the time of the accident, there is remote liability on the part of the city. It is the recommendation of our claims administrators, Carl War- ren & Company, and Risk Management, that this claim be denied. Form A-113 (Rev. 11/79) 5d~1 ITEM MEETING DATE q/n Iq, Claimant No.4: Ms. Marguerite Williams c/o Law Offices of Grayson & Grayson 10880 Wilshire Boulevard, suite 2121 Los Angeles, CA 90014 On August 9, 1991, a claim was filed against the City of Chula vista by Ms. Marguerite williams for an amount within the jurisdiction of the Superior Court. The claim alleged the city is responsible for injuries Ms. Williams allegedly received when she stepped from the sidewalk to the street in front of 313 Third Avenue on February 12, 1991. It is alleged the City maintained an abnormally high curb with no markings or warnings of the dangerous condition. Due to remote liability on the part of the city, our claims administrators, Carl Warren & Company, and Risk Management recommend the claim be denied. Claimant No.5: Mr. Ronald J. Whitehurst c/o David S. Robbin, Esq. Lowell & Robbin Attorneys at Law 707 Broadway, 17th Floor San Diego, CA 92101-5311 On August 28, 1991, a claim was filed against the City on behalf of Mr. Ronald J. Whitehurst for an amount within the jurisdiction of the superior Court. The claim alleged that a traffic collision on March 8, 1991 in the 3400 block of Main Street occurred because the city failed to properly construct and design left turn lanes and failed to properly sign and design the roadway. Due to questionable claims administrators, Carl claim be denied. liability, it is the recommendation of our Warren & company, and Risk Management that this RECOMMENDATION: The above five claims be denied. J 5d--~ COUNCIL AGENDA STATEMENT Itell " - ,..,~ '_' \\0."'" -0' f~.J ITEM TITLE: ,O~#?a~ce 1..477 Establishing a special sewer service 0'},'rate area and sewage pump station charge for the Woodcrest ~~i' Terra Nova Subdivision for the purpose of maintaining and s\-GO\~V operating a sewer pu~mp station SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager,J~ ~ _ (4/5ths Vote: Yes-"o...X.J Meeting Date-9110t91 1( 1'1 1/ On August 8, 1989 the City Council approved the Tentative Map for the Woodcrest Terra Nova Subdivision. Among the conditions of approval of the Tentative Map was the requirement that the developer provide for the ongoing maintenance of a proposed sewer pump station required 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 collecting funds to provide for ongoing operation 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 being served by a gravity sewer system without pumping. When the Tentative Map for the Subdivision was submitted, the developer proposed to pump the sewage generated by the development to the Rice Canyon basin, which has sanitary sewer facilities. Staff supported the recommendation provided that the developer provide for the perpetual maintenance of the pump station. Adoption of the proposed ordinance would establish a special sewer service rate area for the subdivision. This would enable the City to collect sufficient funds to provide for the maintenance and operation of the sewer pump station. The boundaries of the proposed special area would be the boundaries 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 existence 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 discussing the sewer pump station. The buyer is required to initial the form and it becomes a part of the sales record. "../ Page 2, It. ~ 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 .aintenance and operation of the sewer pump station and to stabilize the rates for all property owners ulltil the project is builtout (estimated to be June 1993). Based on the buildout of the Subdivision, the average annual cost to a homeowner for the first two years would be $90.00 per year. The ordinance 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 similar to Woodcrest Terra Nova. Of these 8 pump stations, 6 have similar sewer service districts. 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 ite. in the near future. FISCAL IMPACT: None. However, if the ordinance is not adopted, the City would not be compensated for approximately $7,500 per year outlay to maintain the pump station. CST/mad: EY-Z91 WPC 00470 ft;-Z fences ~S~ .~... ~- -.& chain link !e'lICe will be 'Pend-tted wi.t111,? uuo ..--.----- 23/CIT'l OF cHU1A VISTA OPEN Sl'ACB DIsmct _11: District _11 ya. e8Ublbbed to maintain certa!.n open spac. ar..... landscaped ar.as and ,prevepnts that .'Pecifically bllnent the coJlllllUldty. All residents et Terre Nove will Je a.....ed to sU'Pport the Maintenance Diltrict. The initial annual alee.ament i. appro"1IIIlIte11 $90 _d will be .hown on your annual tu b111. This amount MY be adjusted every year to ren.et the ehan&.. :in the aol:U&1. number of dwelling units and additional maintenance cOlte. Se. the Kalte~ Fenoe & Landloape Plan for tbe ar.... to be maintained at \1oo4<:relt at Terra Neva. The cemplete maintenance area t11at Di.trict _11 ceven and the re.al\1tion establishing the 41striGt may be ~eviewe4 at the l'ar'ks and ll.ecnadan DepUtldnt of the City af Ct>.ula Vi.ta. It .ho\11d be noted that thill ta)C. is in addldon to other 'Praperty tues. 24/!UILDINO OJ. lD't ADDlTIONSjHODIFlCATIONS: D\1I to laoal zoning, pla=1nl. bu1.ldi'I\J rell11atiena an4 erdinances. \loodcrut IDALku no repre.entation or warranty af any kind regardinl Buyer's abillty to obtain appropriate permie.lan or permits to make ~ additions. modificatiens or cbang.. to the building structure or the Lot ("!lOdincation"). Buyer agre.. it baa not reUe4 upan any .tatepnt by a \J004o:r8et r.preaentative or the \l004oreat model home. to tbe contrary. !uyer agree. to contact the apprapriate lacal agenoies fer informatian regarding ~nill 1\I6tter and ....1.11 not hold 1070e4orest respensible far b\1ye1:l inability to make any medifiea~iena to lts structure er lot. 2~/EquESntAN TaAI1.: The City af Chula Vista incerporates an extensive hiklng and equestrian tra11 sy.tem. This sy.telll e1ttends tbra\1gh lloo4<:rest at Terra Nova, specifically at tne front of lots 57, 58. 59. the aide ef lot 60, and the rear of latl 42, 43. 44. The lacatian of ~his S I wide tra11 is shown en Exhibit 10-1. The owns1:l of letl 57. 58. 59. and 60 w111 be re8110nl1b18 for the maintenance af tne trail an and adjscent to their property. The balance ef the trail will be 1II&1ntained by O'Pen Spac. >>18tr1ct .11. ~/SE\JU m STATION ~ A ..wer pump statien na. been installed at the end ef l'ar~si4e Drive (see Exhibit A-l) to ..rvlce all of the latll at woo4cr..t at Terra Neva, exc.pt lata 57. S8, and 59. The .tation PI.l1ll'PI tha waste water generated by the 82 lots it I18rve. ta the gra'1i~ tlow sawer line lacate4 11\ H14den Vista Drive. A Ipecial ..wer service rats zone has been establilhed by the City af Chule Vista ta operate and maintain the sewer pUlDP lution. For fiscal year 1991-92. a fe. af approsi1\l6tely $7.00 a month will be charged by the City for this service. This will be in addition to tbe regular manthly ..",er chars" sent ta pra'Perty ewn.re. Th. fee will be adjUIUd not mora f~equently then annually and wlll not _soeed the actual operadon and 1\I6intenance cost of the sewer p\llllP statiel1. 21/COMMCl'llTY lAB The Terra Nova C01lllllU111ty 'ark w1\ich 11" ad.jacent to 10700dcrest at Terra Nava, 1. not far the exolusive Vole of the Terra Nova COlllllunity, it is open te the public. The scheduled aotivides an4 the baurs the park is open can be obtaine4 at the City af Ch\11a vista ra~k and a_creation Department. 28/FUTUU DItVELOI'MENT: pre.ent plana to develep er ra4evelep the real praparty ad.jainln& or in the vlcinity af yaur lat ue uNmen at this time. A caPY of a pardon af the City of Chula Vista General Plan il attaehed. Sald plan a44re..es zoni'I\J \11" in the area. No warrandes er r&pu.entationa ara Mde that .ucb land us- plan 18 oe1l!'Plete. ,rUl be carried aut. er will change ill the futl.1te. Future 4evelopme11t not .hown on the attached land us- MP or the colllllNnity 'Pl- illay be ca_enced in the htu"C-. Buyex' e Initials / "...3 Page 5 af 6 '!'To' . WPC 00480 . EXHIBIT 1 leaal DescrfDtfDn lots 1 through 56 and 60 through 85 inclusive of Chula Vista Tract 89-06 according to Map thereof No. 12732, as ffled in the Offfce of the County Recorder, County of San Diego, State of Calffornfa on November 2, 1990. . ~-~ -5- T-k ,'.,1 ;ii, - ' .',r , , .. . ~EGEND: . ?e)l~ EXHIBIT 2 I, N. .. ..... :' ;'!'~ .'. .. .0 o .N ", ," .- " . ~ " D (. - -.- - SPECIA~ SEWER SERVICE RATE {REA BOUNDARY . , .. 0"" 0" I V I VICINITY MAP NO SCA~[ DRAWN 8T _.a '>1J DATE 8-29-91 ~ . (./\ ,\ . - .--> - \, ~ ' N , ,0 / N I" I ,( E't' 291 WOOOCREST TN SPECIAL SEWER SERVICE RATE AREA BLANK PAGE . , . ~-(, ORDINANCE NO.~ AN ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A SPECIAL SEWER SERVICE RATE AREA AND SEWAGE PUMP STATION CHARGE FOR THE WOODCRESJ I\\)\~ TERRA NOVA SUBDIVISION O'~\) \t~ <of-O '\ ~ I\\)O\'1\O~ I\~\) WHEREAS, the City of Chula Vista provides sewer service within the boundaries of the City, and WHEREAS, the Woodcrest Terra Nova Subdi vi s ion requi res the ongoi ng maintenance and operation of a sewer pump station which should not be paid for by City funds, and WHEREAS, Terra Nova Associates, the owner of Woodcrest Terra Nova Subdivision, has entered into a Supplemental Subdivision Agreement (approved by City Council on 10/18/90 by Resolution No. 15904) consenting to the imposition of a special fee to cover the costs of operating and maintaining a sewer pump station serving the area of the Woodcrest Terra Nova Subdivision and certain other costs, and WHEREAS, the City of Chula Vista has the authority to impose special sewer service rates and charges by ordinance pursuant to Health and Safety Code Section 5471. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. The City Council of the City of Chula Vista hereby establishes a special sewer service rate area within the boundaries of Woodcrest Terra Nova Subdivision of the City of Chula Vista, as described in Exhibit 1 and depicted on the map, Exhibit 2, attached hereto, for the purpose of providing special sewer services to said area through a sewer pump station. The name of the special area is "Parkside Drive Special Sewer Service Rate Area". Section 2. An operations and maintenance surcharge (Sewer Pump Stat i on Charge ) shall be annually assessed for each user servi ced wi thi n the Parkside Drive Special Sewer Service Rate Area in addition to the domestic sewer service charge imposed on other similarly situated parcels within the service area of the City. Section 3. The initial surcharge establ ished herein shall be in effect commencing from the effective date of this ordinance. The initial surcharge for the remainder of the current fiscal year (ending June 30, 1992) and the following fiscal year (ending June 30, 1993) shall be $90 per year per parcel. Not later than June 30 of every year, commencing with June 30, 1993, the Director of Public Works shall determine the estimated costs for maintenance and operation of said pump station for the fiscal year beginning on the following July 1 and shall determine the actual funds on deposit with the City available as of June 30 (Actual Funds). Said estimated cost plus a reserve amounting to between 25 and 50 percent of said cost, as determined by ~PC 00480 t,-l Ordinance the City Engineer, shall constitute the required operating funds for the following fiscal year (Required Funds). Any deficit or excess resulting from a difference between the estimated costs and actual costs shall be corrected by adjustments to the rates charged to the Property owners during the succeeding year. After the reserve reaches at least 25 percent, but not more than 50 percent, it shall be mai nta i ned to provide necessary cash flow for operations and a reasonable buffer against large variations in annual assessments. Such charges shall be based upon full cost recovery of City expenses and shall include, but not be limited to, labor, materials, power and water costs for operation and maintenance of the sewer pump station and ongoing costs associated with providing emergency alarms. The annual Sewer Pump Station Charge shall be determined by the following formula: (Required Funds - Actual Funds) divided by the number of customers connected to the pump station on said June 30. Said surcharge may, at the discretion of the Director of Pub1 ic Works, continue to be charged to customers after the pump station is bypassed or removed and said customers are connected to a gravity sewer system provided that: 1) such charges do not exceed the charge in effect for the 1 ast full year of operation of said pump station, and 2) such charges do not exceed the actual cost of bypassing or removing said pump station. Section 4. The surcharge, after June 30, 1993, shall be calculated and assessed administratively, unless the surcharge exceeds the previous fiscal year's surcharge. In that event, the proposed increase shall be approved by Council by ordinance at a noticed pub1 ic hearing, in advance of its imposition, prior to June 30. The surcharge shall be collected in monthly or bi-monthly installments with the water bill, annually on the tax bill, or as the City otherwise determines. Section 5. Said surcharge, together with interest, costs, late charges and reasonabl e attorneys' fees, shall be a charge on the property served and shall be a continuing 1 ien upon the property served against which each such surcharge is made, the lien to become effective upon recordation of a Notice of Del inquent Pump Station Charge, as provided in Section 8 herein. Each such surcharge, together with interest, costs, 1 ate charges and reasonable attorneys' fees, also shall be the personal obligation of the person who was the owner of such property served at the time when the surcharge was 1 evi ed. The personal ob1 igat i on for del i nquent Pump Stat i on charges shall not pass to an owner's successors in t it1 e as thei r personal obligation unless expressly assumed by them. Section 6. Any Pump Station Charge imposed in accordance with this ordinance shall be a debt of the owner of property served from the time the surcharge is levied. At any time after any surcharges have become delinquent, the City may file for record in the office of the San Diego County Recorder, a Notice of Del inquent Pump Station Charge as to such property served, which notice shall state all amounts which have become del inquent with respect to such property served and the costs (including attorneys fees), late penalties and interest whi ch have accrued thereon, and the amount of any surcharges relating to such property served which is due and payable although not WPC 00480 -2- fD-L Ord;nance delinquent. The notice also shall contain a description of the property served with the name of the record or reputed record owner of such property, and the name and address of the trustee authorized by the City to enforce the lien, if by nonjudicial foreclosure as provided in Section 9 below. Immediately upon recording of any Notice of Delinquency pursuant to the foregoing provisions of this Section, the amounts delinquent, as set forth in such notice, together with the costs (including attorneys' fees), late penalties and interest accruing thereon, shall be and become a lien upon the property served descri bed therei n, whi ch 1 i en al so shall secure all costs (including attorneys' fees), late penalties and interest accruing thereon. In the event the delinquent surcharge and all other surcharges which have become due and payabl e with respect to the same property, together with all costs (including attorneys' fees), late charges and interest which have accrued on such amounts, are paid fully or otherwise satisfied prior to the completion of any sale held to foreclose the lien provided for in this ordinance, the City Engineer shall record a further notice, similarly signed, stating the satisfaction and release of such lien. Section 7. Each Pump Station Charge lien may be foreclosed as and in the same manner as the foreclosure of a mortgage upon real property under the 1 aws of the State of Ca 1 Horni a, or may be enforced by sale pursuant to Sections 2924, 2924{b), 2924{c) and 1367 of the California Civil Code, or any successor statute or 1 aw, and to that end, the ri ght to enforce the 1 i en by sale is hereby conferred upon the City and its trustee designated in the Notice of Delinquent Pump Station Charge, or a trustee substituted pursuant to California Civil Code Section 2934a. The City shall have the power to bid for the property served at a foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid surcharges, costs, late pena It i es and attorneys' fees shall be mai nta i nabl e without foreclosing or waiving the 1 ien securing the same. In any action by the City to collect delinquent surcharges, accompanying late charges or interest, the prevailing party shall be entitled to recovery of its costs and reasonable attorneys' fees. Section 8. When a Notice of Delinquent Pump Station Charge has been recorded, it shall constitute a lien on that respective property by parcel and shall be prior and superior to all other liens except all taxes, bonds, assessments and other levies which, by law, would be superior thereto. Sale or transfer of any property served shall not affect the assessment lien. Section 9. All surcharge collections shall be placed in a separate fund or account, as determined by the Finance Director, establ ished for the purpose of administering this ordinance. All interest accruing in such account shall remain therein. Section 10. This ordinance shall continue in full force and effect unt il repealed. Sect ion 11. The Ci ty Cl erk of the City of Chula Vi sta is hereby directed to publish this ordinance within fifteen (15) days after its passage in the Chula Vista Star News, a newspaper of general circulation published in the City of Chula Vista. WPC 00480 ~- J -3- Ordinance Section 12. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by John P. Li ppitt Director of Public Works WPC 00480 WPC 00480 10. t -4- Approved as to form by )~ ."tJ... (L/ D. Richard Rudolf Assistant City Attorn Ordinance delinquent. The notice also shall contain a description of the property served with the name of the record or reputed record owner of such property, and the name and address of the trustee authorized by the City to enforce the lien, if by nonjudicial foreclosure as provided in Section 9 below. Immediately upon recording of any Notice of Delinquency pursuant to the foregoing provisions of this Section, the amounts delinquent, as set forth in such notice, together with the costs (Including attorneys' fees), late penalties and Interest accruing thereon, shall be and become a lien upon the property served described therein, which lien also shall secure all costs (including attorneys' fees), late penalties and interest accruing thereon. In the event the delinquent surcharge and all other surcharges which have become due and payable with respect to the same property, together with all costs (including attorneys' fees), late charges and interest which have accrued on such amounts, are paid fully or otherwise satisfied prior to the completion of any sale held to foreclose the lien provided for In this ordinance, the City Engineer shall record a further notice, similarly signed, stating the satisfaction and release of such lien. Section 7. Each Pump Station Charge lien may be foreclosed as and In the same manner as the foreclosure of a mortgage upon real property under the laws of the State of California, or may be enforced by sale pursuant to Sections 2924, 2924(b), 2924(c) and 1367 of the California Civil Code, or any successor statute or law, and to that end, the right to enforce the lien by sale is hereby conferred upon the City and its trustee designated In the Notice of Delinquent Pump Station Charge, or a trustee substituted pursuant to California Civil Code Section 2934a. The City shall have the power to bid for the property served at a foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid surcharges, costs, late penalties and attorneys' fees shall be maintainable without foreclosing or waiving the lien securing the same. In any action by the City to collect delinquent surcharges, accompanying late charges or interest, the prevailing party shall be entitled to recovery of Its costs and reasonable attorneys' fees. Section 8. When a Notice of Delinquent Pump Station Charge has been recorded, it shall constitute a lien on that respective property by parcel and sha 11 be pri or and superi or to all other 11 ens except all taxes, bonds, assessments and other levies which, by law, would be superior thereto. Sale or transfer of any property served shall not affect the assessment lien. Section 9. All surcharge collections shall be placed in a separate fund or account, as determined by the Finance Director, established for the purpose of administering this ordinance. All interest accruing In such account shall remain therein. Section 10. This ordinance shall continue in full force and effect until repealed. Section 11. The City Clerk of the City of Chula Vista Is hereby directed to publish this ordinance within fifteen (15) days after its passage In the Chula Vista Star News, a newspaper of general circulation published In the City of Chula Vista. "PC 00480 0-3- . ~- , Ordfnance Section 12. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by John P. Lippitt Director of Public Works ~.J-;-. D. Richard Rudolf Assistant City Attor WPC 00480 WPC 00410 f.. /0 -4- Ordinance , WPC 00480 IIPC 00480 EXHIBIT 1 Leaal DescrlDtlon Lots 1 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. 6:,- 'I . -5- Ordin.nee " LEGEND: EXHIBIT 2 N '"0 ,., 0 .N . N. II "- II \ .. . II 14 , 'W oJ . C ., Ie! u 10 II > III. ~ , III II II W . e WEST I Ie "17 " w , 0 I ;; .. e ~ /I. ---- SPECIAL SEWER SERVICE. RATE AREA BOUNDARY DRAWN BY -- _ .!i.I4..F. DATE , . - 29 - " -- -- VICINITY MAP NO SCALE 11 I:" ~t 4"1 41 N FILE NO. E't 291 WOODCREST TN SPECIAL SEWER SERVICE 1,,_ 12. .RATE AREA ; ;t' / ~~7/it (/; ~,.NIIIESllIl/ifIUJ IIt~D~" ~~T~..,D- -t~~) ~I'-~~ SS ~~""~ F ~'" Y .. '<: .!,.,. a~Jwe ....~ ?~ ~;"A -h..1R~''''ie4' ~M" ..,~~ ~;fk I 2 .3 4- .5 , 7 .. 'I 10 ;() . ~~5lO ~'7~ S,2~ c;J,~" ~ II.!S' ~4~ 16~DSD 14~ I!, ClIO II,~ I$,~ - -. - ,,/ tit, 1.5(; I,Z,~ II~ 1st:> 124,0k; 1~2'~ ~72b '4l1$?D 16eI,7ZD I~ I"",ta? ~1~ ~-13 ITEM TITLE: '\ Itl!ll~ I Meeting Date 9110{91 -(;\ \ \-W:) I Resolution Ico"i~ Approving amendments to the City General Plan and Montgomery Specific Plan as follows: 'COUNCIL AGENDA STATEMENT Redesignation on the General Plan Diagram from "Research and Limited Manufacturing" to "Retail Commercial" and the Montgomery Specific Plan Diagram 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 Redesignation on the General Plan Diagram from "Low-Medium Density Residential" and "Special Study Area" to "Retail Commercial" for approximately 3.65 acres at the southeast corner of'A~~ Lakes Road and East H Street (Otay Lakes Plaza) - ~~~I Title Corporation Ordina~1!) 'k~1 k Rezoning certain territory generally ~ou er by Main Street to the north, Broadway (Beyer evard) to the east, Faivre Street to the south, and 27th <?: ;treet to the west (Assessor's Parcel Nos. 629-040-01 and co~Q 629-010-01) from their City-adopted County zone classification -:,0 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) SUBMITTED BY: Director of Planning /1/ REVIEWED BY: City Manager.J.~ '1~ (4/5ths Vote: Yes_No...l..> BACKGROUND: At a publ ic hearing held August 27, 1991, the City Council considered anCl acted upon the above referenced General Pl an amendments and rezon i ngs, and directed the City Attorney to prepare for adoption an appropriate resolution and ordinance implementing their actions. (Attached for your information 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 Guidelines be developed with the appl icant for adoption, and that restriction 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/PCI-91-E and GPA-90-01/PCI-90-B, it is recommended that the Council do the following: ., ...1 Page 2, Itel~Ei Meeting Date 9/10/91 1. Based on the findings and recol1l1lendations of the Environmental Review Coordinator, adopt the Mitigated Negative Declaration, Monitoring Program and Addendum prepared under IS-90-13, and the Negative Declaration prepared under IS-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 "CoT-PO 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 precise plan guidelines in Appendix 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 cOl1l1lents at the August 27, 1991" hearing on GPA-90-01/PCZ-90-B, it was indicated that certain precise plan guidelines developed for the staff recol1l1lended .C-O-P. zoning would not be appropriate for a retail development under .C-C-P. zoning, and required revision. The applicant also expressed concern about potential guidelines, 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 applicant, and the resulting guidelines 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 ishing 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 guidel ines, yet deferring its establ ishment 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. I/PC 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 d1strict 15 applied based on the following: I. The subject property, or neighborhood or area in which the property is located, 15 unique by virtue of topography, geological character1stics, access, configuration, traffic circulation or some social or h1storic situation requiring special handling of the development on a precise plan bas1s. 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 1s 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 15 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 establ1shment 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 may be appropriate. The "P" modifier 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 l-~ , . " -.. -'. . . , ~ COUNCIL AGENDA STATEMENT ITEM TIRE: Public Hearing: Proposed Mend.nts General Plan Director of Planning ~~ City Manager It. Meeting Date $/27/91 to City of Chula Vista 1 SUIIIITIED BY: REVIEWED BY: (4/5ths Yote: Yes--1Co..L) BACKGROUND: Under State law. cities and counties are limited to consideration of no ~re . than four amendments to the General Plan per calendar year. Each of these four amendments .~ include more than one change to the General Plan. Council ~, hIS already acted on one Seneral 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 SPA 91-03 (Otay Market) and GPA 90-01 (Kelton Title Corporation) for consideration as a single General Plan Amendment. FOllowing this ..morandum are separate agenda statements on each of the two requests. ~ . . RECOIItENDATION: 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. " VPC 9687P ,..'f ._-~- , '. . ". . .... III . 0 ... .... ... ~ III ........ I "'11I ~t 'aC'aU ... e . II III~IIIII 0.. ... II > I III ca::~~.. 0 e "'11I'" I S. ..... II/)gf U III c: . ... -- ...~......., .... I') ".ut.,. B C - I.....,..... I ulle ~ St I"~.... . ~ !Jtf-8 - III I I ... I/) '-'-D.. C III: I/) - . . . ., ......... ...- ... 0 ~ I cSt O. ..c .... 0.. .,UI "" -- . 0 .... ... . III ID ........ "'11I ... e t- III ., .... II 'aCIII ::I ... ... . III >.~ 0.. II 'a I III: III:.BI U . III !I/) U ... - . ... ... .......u e e I') ~.:.... 0 I ... - ... U I ... 0 .:.1-:;; . EO .... en ! c..... - J . 1/)11 . I/) ..."..... III: co: C - . . - EO III .... 0.. .... f II e & ! . ...0.... .... III . ... ... 0.. ...,,- ~ I "!!I ~ . U ... ..... IllS. . III") ::I ~'i .I: ... U B I') ~~.... 11I_ I') :Een . III ~ ... . . - 11::1,:1 .... ~f en lIIe I') . II...., I "'UI II) III::EIII: U 0..... - . . . . c: e o m:; >... ...s. ...... III U II :II: e III .... 0.. ... e II e o N /#. 1.. 5' , l-~ BLANK. PAGE . , , #. ( , COUNCIL AGENDA STATEMENT It. Meeting Date..JLZZLIL ITEM TITLE: Public Hearing: GPA-91-03, PCZ-91-E; City-initiated proposal to amend the City General Plan, from Research and Limtted 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 Hercantile and Office Commercial, and a rezone from City-adopted County zone classification C-37 to City classification CoT-Po The precise boundary and proposed amendments and rezoning are depicted on attached Exhibits -A- and -B- SUBMlnm BY: Director of Planning HI REVIEWED BY: City Hanager (4/Sths Vote: Yes-"o-L) BACKGROUND This proposal involves an amendment to the City General Plan and the Montgomery Specific Plan, as wen as a rezoning for the property located at the southwest corner of Hain 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 froll the City-adopted County zone C-37 (Heavy Commercial) to the City classification C-T-P (Thoroughfare Commercial, Precise Plan Over1ay). . The Environmental Review Coordinator (ERC) conducted an Initial Study, IS-91-33, of potential environmental iRlpacts associated with the proposed amendments and rezoning. Based on that attached Initial Study and comments thereon, _ if any, the (ERC) has concluded that this reclassification would cause no significant environmental impacts and has issued a Negative Declaration on IS-91-33. RECCIIIENDATION: 1. Based on the Initial Study and comments on the Initial Study and Negative Declaration, find that this reclassification and rezoning win have no . significant environmental impacts and adopt the Negative Declaration issued on IS-91-33 for the Otay Market rezone. (-1 . . 'age 2, It. ~ Meeting Date 8/27/91 2. Approve a change to the General Plan destgnation to Retail Commercial, and the Montgomery Spectftc Plan designation to Mercantile and Office (ommercial, for the property as descrtbed on the attached Exhtbit A. 3. Adopt an ordtnance changtng the zone classtftcatton from the City-adopted County zone .C37. to the City classtficatton C-T-' for the subject property. - BOARDS/CCIIUSSIONS RECCIItENDATlON: 80th the' Montgomery Planntng Commtttee and the Ctty Planning Commission, at th,eir publ1c heartngs on these lIatters held July 3, 1991, and July 10, 1991 respectively, unanimously reconnended that the following act tons be-taken: I. Based on the Initial Study and Negative Declaratton, and comments thereon, ftnd that these acttons will have no significant envtronmental impacts and adopt the Negattve Declaratton issued on IS-91-33. 2. Adoption of resolution changtng the General Plan designation to Retail Commercial and the Montgomery Spectftc Plan designation to Mercantile and Office Commerctal. - 3. Adoptton of an ordinance changing the zontng classification to the City's ' .C- T -p.. DISCUSSION: 1. Previous Actions At the November 13, 1990 publtc heartng on the Harborstde 8 Part II area of the Montgomery Rezontng Program (PCI-90-Q-M), Council directed staff to prepare a background report on the resolutton of a zoning and land use concern raised by Mr. Paul Tamayo regardtng his Otay Farms Market. Mr. Tamayo expressed concern over the ortgtnal Ctty rezontng proposal for the stte of I-L-P (Ltmited Industrial wtth Precise Plan) which would have implemented the Research and Limtted Industrial destgnatton on the Montgomery Spectftc Plan. Under the I-L-P zone, Mr. Tamayo would not be able to remodel and expand the lIarket whtch has occupied the site under the County's C-37 (Heavy Commerctal) zone for approximately 20 years. Mr. Tamayo reiterated the famtly's intent to demolish the existing lIarket and rebutld a larger one on the 1.35 ac parcel tlnedtately south of the 0.51 acre site, and to use the smaller site for tncreased parking needs. He requested the Ctty zone the site cOlDerctal to allow for expansion and continuation of the existing lIarket. . Since the City General Plan as well as the Montgomery Spectfic Plan desigl!ate the property tndustrtal, and the parcels are wtthtn a Spectal Study Area of the Montgomery Spectftc Plan, staff was dtrected to expedtte addressment of that portion of the Study Area necessary to accommodate Mr. Tamayo's request. The project has been 1111tted at this time to tnclude only Mr. Tamayo's property since the ..jortty of the Spectal Study Area surroundtng the lIarket was rezoned to the Ctty I-L-P zone at the November 13, 1990 heartng. ' ,.v . , . . , . Plge 3, It_ Meetfng Dlte 8/27/9} 2. Preliminary Conc8Dt Plans Mr. Tamayo, fn conjunctfon wfth the processing of thfs applicatfon, provfded the Cfty with pre11minary concept plans for the expansion and reconstruction of the market. Mr. Tamayo has been .infonned that the property wf11 IIOst Hkely not support the amount of square footage fndicated 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 Councf1dfscussed 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 zonfng code, staff fs recommendfng 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. Ad1acent Zonina and Land Use North C-T-P I-L-P Commercial strip centers on the west s.fde of Broadway Car sales lot and mobile home park on east side of Broadway Vacant, open storage Gas station, thrift store, commercfal automotive Auto repair, offices, ..tal works, tires South East West I-L-P I-L-P I-L-P 4. Existing 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 fs utf1 ized as a car lot. Otay Market is a single story, approximately 8,500 square foot buf1ding located on the remainder of the 0.51 acre parcel. Approximately 56 parking spaces are marked onsfte. 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 fs vacant, with a portfon used for storage. The fntersectfon of Main Street and Broadway is sfgnal ized. There are signalized left turn. lanes for east and west bound traffic onto Broadway and for north and south bound trafffc onto Mafn Street. The fntersection of 27th Street and Main Street does not appear to be located an adequate distance from the Main and Broadway fntersection. However, the fonner fs not fully fmproved and left turns onto west bound Main Street will need to be considered with the ultfmate project. '.'j' . .. '. . Page 4, . It_ 1 Meeting Date 8/27/91 5. SDectftc Plan The subject parcels were contatned tn the Harborstde B Part II subcommunity of the Montgomery Specific Plan. The Specific Plan designates the property Research and Limited Industrial and identtfies it as a portion of the Special Study Area located south of Main Street between Industrial Boulevard and Broadway. As previously stated,' the aajority 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 ..rket onsite. ANALYSIS Several factors support the General Phn amendment, Specific Plan amendment and rezoning described above: The Chula Vista General Phn 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. Surrounding General Phn 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 phin adjacent to the southern City boundary. The Montgomery Specific Phn 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 phn uendment will allow for its expansion and continued use. 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 cOllllllercial designations and create ~ commercial node at the corner of Broadway and Main Street. The proposed zone 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 aarket. The precise plan requirement will. ensure that develo~nt 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 Attach.nt 1 to this report. FISCAL IMPACT: None. 1. 2. 3. 4. 5. 6. IIPC 9618P 1....10 ~ .. COUNCIL AGENDA STATEMENT It. "Meeting Date 8/27/9t ITEM TITLE: Public Hearing: SPA-90-01, PCl-90-S; Proposal to amend the Land Use Diagrlll of the City General Plan by redesignation from .Low-Medium Density Residential (3-6 du/ac). 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 apd Otay Lakes Road - Kelton Title Corporation SUBMITTED BY: Director of Planning bt REVIEWED BY: City Manager (4/Sths Vote: Yes-"o...JJ BACKGROUND Current ReDuests 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" (Single-Faml1y Residential) to .C-C-P" (Central Commercial subject to Precise Plan). The intent of these requests is to allow the applicant to submit plans for development of a retail convenience center on the site. An Initial Study (IS-90-13) of possible significant environmental impacts from the applicant's profosal has been conducted. The Environmental Review Coordinator has cone uded that there would be no significant environmental effects if specific with mitigation lleasures 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-90-13 Negative Declaration Alternate, was prepared. Should staff's recommendation be followed, the Environmental Review Coordinator has recommended that the Negative Declaration Alternate for IS-90-13 be adopted. History 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 Councl1 considered an appeal of the Planning Commission action, and referred matters back to the Planning Commission for reconsideration. The amendment application was subsequently withdrawn by the applicant in May of 1987. At the July II, 1989, City Council public hearing on the General Plan Update, the matter of 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 '{ -/I Page 2, It_ 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. RECOIIIENDATlON: That the City Council: 1. Based on the findings and reconmendations of the EnviroJlmental Review Coordinator, adopt IS-90-13 Negative Declaration Alternate.l 2. Deny the appl1cant's request for a General Plan Amendment to .Retail Commercial., and rezoning to .C-C-p.. 3. Approve an amendment to .Professional and Administrative Commercial., and rezone to .C-O-P. 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: . 1. Adopt the Mitigated Negative Declaration and Monitoring Program prepared in conjunction with 1$-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 Commercial.. 3.' Adopt an ordinance changing the zonfng from .R-l. to .C-C-P. including adoptfon of the Precise Plan Guidelines. BASIC INFORMATION 1. Subiect ProDertv 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 Desfonations (Dlease see Exhibit A) North: South: East: West: Public-Quasi Public Low-Medium Density Residential Low-Medium Density Residential Public-Quasi Public 3. Adiacent Zonino and L~nd Use (please see ~hibit B) North: South: East: West: R-l Bonita Vista High School R-I 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 1$-90-13. './~ ,- P~ge3, It. Meeting D~te 8/27/91 DISCUSSION: The current proposals are essentially the SIlll8 as those fned in JUly 1986 under GPA-86-6 and PCI-86-E. At that time, the applicant's existing College Plaza center (located 1400 ft. south of the subject sfte) was not fully developed and in a state of decline, and the Bonfta Pointe Plaza at. the northwest corner of East H Street and Otl1 Lakes Road was yet to be bunt. Additionally, with the General Plan Update underway, and several adjacent large development projects in thefr inftial phases, concern was that detenafnation of need for a third nefghborhood retail center .ight be premature. Staff and the Plannfng Coanission concurred that revftalization and development of the two centers, respectively, should be prerequisite to further consideration of establ ishfng additional retan uses in the Southwestern College area. Sfnce that tfme,several sfgnfficant changes have occurred which influence evaluation of the current proposals. These changes include revftalfzatfon of the 5.29 acre College Plaza, development of the 10.56 acre Bonfta Pointe Plaza, residential growth in the surroundfng area, and signiffcant policy and land use changes through adoptfon of the General Plan Update in 1989. . With regard to the General Plan Update, in addition to the designation of substantfal addftional urban development area in the Eastern Territories, . Section 7.2 of the Land Use Element estabHshed several .Colllllunity Activfty Centers. intended to provfde a variety of cOlllllunfty support facn fties and services (see Exhfbft C). The subject sfte Hes wfthin the .Southwestern Co11ege Activity Center, which includes the area in the vicinfty of the intersection of East H Street and Otay Lakes Road. The General Plan states, .CoDl1lunfty Activity Centers are sub-centers of the general plan area that provfde a varfety of cOlllllunfty support facflftfes and services. They are not exclusively cOlllllunfty retafl centers and lIay include hfgher densfty residential, employment, educatfon, health care, recreation and other pubHc and private servfces.. Spechl consfderation should be given to land use decisfons wfthfn these centers to ensure that an appropriate land use balance, diversity anD compatfbflfty exists. This is especfally true of the subject sfte, given its central location, and adjacency to the college, high school, and other retafl cOlllll8rcial centers. As part of the applicant's request, the applicant's planning consultant, P & D Technologfes (Appendix I), compiled a General Plan goal and objective consistency analysis. Accordfng to thfs analysis, the principal rationale for the subject request is that the site is inherently best suited for retan cOlllll8rctal use because it fronts on two lIajor streets, and is located withfn an established .Actfvity Center. of the General Plan. The Plan Alendment is justiffed by: . Increased retail needs presented by adjacent residential growth. Air qualfty improvement resulting froll reduced vehicular travel given the site's location in proxillfty to residential neighborhoods, and on the .hOlll8Ward bound. travel route of uny 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. . ...,.. \3 . Page 4, It. Meeting Date 8/27/91 Traffic and resultant noise .ake the site poorly suited for residential development, and that potential use of walls for nofse .itigation would render the pl'Olllinent site vfsually inferior, and conn ict with goals for the H Street and Otay Lakes Road scenic corridors.' , . ANALYSIS Genera1 Plan ~ndM@nt 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 Adminfstrative Connercial 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 COllllllission cited the following conclusions: 1) the Eastern Territories fs currently underserved by local retatl connercial development compared to other parts of Chula Vista, 2) the Southwestern College Area needs additional retatl commercial development to serve neighborhood needs, and 3) the market for office commercial development is uncertain, and is believed to , be poor in thfs area. ' In order to clarify staff's concerns on these fssues, and respond to the points made by the Planning Commission, the fOllowing analysis is provided: 1. AMOUNT OF EASTERN TERRITORIES COMMERCIAL DEVELOPMENT The Chula Vfsta 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: Retatl Retatl Commercial Butldout Commercial Acres fer PODulattons Acreaae 1.000 PODU atton 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 retatl commercial acreage. As thfs table shows, the exfsting General Plan allocates retatl commercial acreage in the Eastern Territories in .., .., ~ - " . Page 5, It.. Meetfng Date 8/27/91 dfrect proportion to the City-wide average. Cumulatively, acreage to populatfon ratfos are adequate and well balanced, and would not be sfgnfftcantly affected by the 3.65 acres assocfated wtth the sUbject proposal. 2. NEIGHBORHOOD NEEDS As Hnttoned, the above acreage to fOPUlation ratios tnclude regional, communtty, and netghborhood servtng a location rates. In accordance wtth l.nd use plannfng crtterta documented by the Urban land Instftute (ULI) and other accepted planning standards, I acre/IOOO populatton ratio has been used to evaluate the adequate allocation of neiahborhood servina commerctal use wtthin a servtce area deftned by conventence and access (generally a 1 to 1-1/2 mtle radtus). Based upon dfstances to other commercfal centers and accessfbflity presented by circulatfon patterns, staff performed a neighborhood retafl needs analysis. The Southwestern COllege Area that would logfcally be served by an additfonal neighborhood convenience center lies wfthfn a 1 to 1.5 mtle radtus of the East H Street/Otay Lakes Road fntersection, and fncludes a majorfty of Rancho Del Rey SPA I, all of SPA III, Bonfta Long Canyon, Bonita Ridge Estates, Encore Bonita, and the larger College Estates area. The EastLake and Otay Ranch projects were not fncluded as they are beyond a reasonable nefghborhood service area, and destgnate a variety of commercial areas within their master plans. Approximately 5,500 exfsting and proposed dwellfng units were encompassed within the servfce area, which, based on the 1990 Census average household sfze of 2.8, represents about 15,400 residents.. The exfsting 16 acres of neighborhood commercial use contained fn Bonita Pointe Plaza and College Plaza compares favorably wtth the '15.4 acres resulttng from application of ULI crfterfa and fndicates that needs are and will be adequately met. Addittonally, both of these centers are convenfently located fn direct proximity to the subject site, and contain fn excess of 30 retafl establishments providing a well balanced mfx of goods and services sufficfent to meet local commercial needs fncluding restaurants, beauty shops, bank, laundromat, drug store, and major grocery markets.. Given ULI allocation standards, and use mixes withfn the exfsting centers, the need for addittonal convenience retafl fs questionable. A center of 3.65 acres would not attract a major anchor tenant complementary to those fn the area, but rather would probably be comprtsed of mfscellaneous smaller uses similar to those fn the existfng centers. Such redundancy could lead to future vacancy and/or decline fn the exfstfng centers. 3. SITE PLANNING ISSUES/SOUTHWESTERN COLLEGE ACTIVITY CENTE.R In additton to the questton of long~term need for a third nefghborhood retail center fn thfs locatfon, there fs also concern over the creation of an approprtate land use balance wtthtn the Southwestern College '1 ~ IS " Page I, It_ Meeting Date 8/27/91 Acthity Center. The site's location at the intersection of East H Street and Otay Lakes Road, in proximity to Southwestern COl1ege and Bonita Vista High School, ..ans' that the development of this property wnl have a strong influence on the overal1 character of this acthity center. Given projected traffic volumes and accessibnity 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 retan and educational uses on the four corners of the intersection, and create a series of centers in. c}ose proximity along otay Lakes Road. Whne not expressly prohibited by the General PlIn, this land use arrangement .ay not be the IIOst desirable for an area specifically designated to be an important community focal point, with a diversity ~f civic, business and/or cultural uses. 4. OFFICE CotfoIERCIAL MARKET Local sources indicate that a recent downturn in the office market is primarny attributable to unfavorable lending conditions which require greater developer equity and significant pre-leasing guarantees to obtain financing. This comes IS an result of overbunding and devaluation of office conmercial properties caused by the IIOre 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 al10wed within a retan conmercial zone, would be adequate to ..et 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 conmunity access point. Whne the Bonita Pointe Professional Building is within the Acthity Center, it does not serve this predominant focal role. Provision for development of office or other chic and education uses allowed under the Professional and Administrative Conmercial designation could be supported by the additional population, and would be well located to provide I balance of uses at the Activity Center's core. CONCLUSIONS General plan Amendment Staff reconmends denial of the applicant's request for Retail COBIercial Land Use designation on this property for the following reasons: I. Appropriately sized and well sited retan centers either exist or are p'anned which adequately ..et the needs in the Eastern Territories, and within the service area of the Southwestern COllege Activity Center. , ., .. Ii.- ~ .' Page 7, It. Meeting Date 8/27/9} 2. Development of this site with . 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 llllendment, staff is also reconmending denial of the app1tcant's request to rezone to C-C-P, and proposes the C-O-P zone in conjunction with the Professional and Administrative Conmercial land use designation. The C-O-P zone provides for land uses which are consistent with those prescribed by the General Plan for Community Activity Centers. The precise plan requirements wt11 ensure that development on the site wt11 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. ~difier and specific guidelines, contained in Appendix 3 to this report, are reconmended 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 .Retat1 Commercial,. with companion zoning of .c-e-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 .p. modifier guidelines for the site. FISCAL IMPACT: Not applicable. "PC 9688P ""1 BLANK PAGE I... L~ 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 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 circumstances for which the proposed underlying zone regulations would not allow the City appropriate control. In order to achieve an efficient and proper rel at ionshi 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 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 "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 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 '1- l~ 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 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 ishment. IIPC 967ZP l - 2.&> -2- :,_:...:;~~' ~ .",- ';i.:~.-' ""H"- r)F\~G i\:~'-iv .;,;~, ' i\DOP1'\QN ORDINANCE NO ..2.141 ~ 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-91-33 and IS-90-13, of potential environmental impacts associated with the proposed rezonings 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-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 an ordinance the zoning classifications. The City Council of the City of Chula Vista does ordain as follows: -1- 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 IS-90-13, and the Negative Declaration prepared under IS-9l-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 "C37" 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 appropriately addressed by the Planning Department through the underlying zone regulations. The Precise Plan Overlay will allow the City the abili ty 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 II I: That that certain ter ri tory 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 Ci ty appropr ia te con trol 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- l%-Z 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 "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 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 center s/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 H Street. 7. The minimum intersection measured from distance of any driveway access from of Otay Lakes Road and East H street, the property lines, shall be 200 feet. the as 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 APffved ts f form by (: t~ ~""'- ity Attorney Robert A. Leiter, Director of Planning 9218a -3- 18-3 '= 15 ,. o o . AIVRE ST. . . - 6. .OIlT" .' CeH 1Io~ ! , ~1.=----..J:...I.. ....t.=----AL1I!I.!.. ~ Ch.ICked Iy. I .AIM aT. . f . . ,. . .: . ti to- ... -. . -.. . .~. -- I HEREBY CERTIFY THAT THIS ZONING "AP VAS APPROVED AS A PART OF ORDINANCE BY THE CITY COUNCIL ON II CItric ..te ZONING MAP - 47t __,-rHI11,4 ,~_ ~.~. ._~ _.. _._,_ . . - . . i BONITA VISTA _ .BIGB SCBOOL aOUTJI wESTERN COLLEGB .0'.. .O..t~ . . . c... 1Io~ AcIWge=----U.L Ioel.~ ~. I 1 Drawn ~ CfIiIjcked ty:J.~ -- --. ~- .~ . ~ HEREBY. CERTIFY THAT THIS ZONING HAP WAS APPROVED AS A PART OF ORDINANCE BY THE CITY COUNCIL ON . \ .. an e.te ZONING .MAP ~~45't ; COUNCIL AGENDA STATEMENT Item ~ ITEM TITLE: Meeting Date 9/17/91 Reso 1 ut i on 110;'-5 Approv i ng an agreement with Cali forn i a Department of Transportation for I -805 and Telegraph Canyon Road interchange improvements and appropri at i ng $338,000 therefor ... ~ Director of Public ~orks~ ~ City Manager.JG1 IY-6@ (4/5ths Vote: YeslNo_> SUBMITTED BY: REVIEWED BY: On July 24, 1990, Council approved Resolution 15735 expressing willingness to fund the City's portion of the cost for Phase I of I-80S and Telegraph Canyon Road interchange improvements. Thi s act i on was necessary to enabl e Ca lTrans to complete their project report and obtain State funding approval. The project report is completed and CalTrans is now prepared to proceed with the project. The cooperative agreement presented here ident i fi es des i gn, construct i on and funding responsibilities. The City's share of the total cost is $338,000 i ncl ud i ng staff charges. The subject project is i dent i fi ed in the City's Transportat ion DI F Program. Suffi ci ent funds are avail abl e to advance the City's share of the cost. RECOMMENDATION: That Council and appropriating $338,000 Transportation DIF Account for adopt the resol ut ion approvi ng the from the unappropriated balance Phase I improvement. agreement of the BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The proposed improvements at I-80S and Telegraph Canyon Road interchange is i dent i fi ed as a Transportation DIF project in the Ci ty' s Capital Improvement Program. It was a requirement of the tentative map for Sun bow II Subdivision that all the funding for the proposed project be advanced by the developer for future credit aga i nst the Transportat i on DIF. Staff requested the funds from the developer of Sun bow II development. Unfortunately, the Sunbow Subdivision development has not proceeded as expected because of funding problems. Staff has discussed this funding situation with the developers of Sunbow II. They advise us that they anticipate getting the funding problems straightened out in the near future and that they will be obtaining a 9rading permit as soon as that is done. The developer also advised us that they would be able to put up the funds for this project at that time. In the meantime, CalTrans has completed their study at the City's request and has received funding approval for their share of the cost. State funds may be rea 11 ocated if they are not expended for the subject project. Ca lTrans has advised us that if their funds are not committed by December 1991, they would not 1 i ke ly be rea 11 ocated. In order to assure that thi s project moves ahead, we are recommending advancing the funds from the DIF account. ~-\ Page 2, Item ? Meeting Date 9/17/91 The proposed improvements at the 1-805 and Telegraph consist of installing a traffic signal, widening the Canyon Road and other minor ramps improvements. divided into two phases. Canyon Road interchange south side of Tel egraph These improvements are Phase I improvements include signal izing the southbound to westbound off-ramp and eastbound to southbound on-ramp intersection. In addition to signalizing the intersection, some minor road and drainage improvements are needed with Phase 1. Phase I improvements, because it is identified by CalTrans as a safety project (a now need), will be shared equally by the State and the City. Exhibit A of the agreement identifies both the State's and City's cost. The estimated project cost is $297,000 for each agency and the exhibit includes an additional 10 percent for contingencies on the City's share. With certain exclusions, the City's maximum cost of Phase I is, therefore, $326,700 plus $11,300 for City staff time cost. This total of $338,000 is exclusive of cost overruns, attorney's fees and claims plus any unanticipated public and/or private utilities that may need to be protected, relocated or removed. Since all costs are to be shared equally by the City and CalTrans, the State's final cost will be identical to the City's cost. Phase II improvements will cons i st of wideni ng under the 1-805 bri dge to provide an additional eastbound lane. Phase II improvements, because its need is primarily due to growth, will be funded entirely by the City through the Transportation DIF program. This phase is also the responsibility of Sunbow to construct. The estimated cost is $983,000. Phase I and II improvements of 1-805 and Telegraph Canyon Road interchange are identified in the City's Transportation DIF program. Because of the City resolution expressing willingness to fund the City's port i on of the subject improvement and our interest in proceedi ng with thi s safety improvements, staff is recommending that Council approve the agreement and allocate the necessary funds out of the Transportation DI F account for Phase I improvements only. Phase II will be done later. All other road improvements in the Transportation DIF account that were to be completed prior to SR-125 are either completed or committed. Therefore, the DIF funds on hand may be temporarily allocated to this project. Allocating funds out of the Transportation DIF account will not relieve Sunbow from funding this project. Sun bow will be required to reimburse the DIF account at the time they pull a grading permit for their development. FISCAL IMPACT: There are suffi ci ent funds ava i lab 1 e in the Transportat i on DIF account. Recent savings in the DIF account from a low bid (25% below Engineer's estimate) on the Telegraph Canyon Road Phase III construction between Apache Drive and Rutgers Avenue are available for this project. The City DIF cost of this project is expected to be approximately $338,000 including staff time (621-6210-TF225). ZAO/HX-012 WPC 5715E ~~2- -"~................... ...........--..-. -- -- -- -- -- -- _r _ '_~ .....~---.. ...., J I I , I 1-. <C .J 0... .c( w' a: <C '0 ~ 4f..,._ en ...... N ~ ...... en -.- >>. .. I . ~ ! -; 0 Q . . "'A'lECF~.- -- TIW _.IATIC>>IAM:)~1tB/EJIC'( ,~ k'. c.l.S 'EYE WlI.SON, Governor DEPARTMENT OF TRANSPORTA~ON DISTRICT n, P.D. BOX _. IAN DIEGO 1121_ ~, '.', -' e . . . 688-6792 March 28, 1991 ll-SD-80S 6.0/6.3 11359-164170 Agreement No. 11-0434 Telegraph Canyon Road Mr. John Lippitt Director of Public Works City of Chula Vista PO Box 1087 Chula Vista, Ca. 91912 Dear Mr. Lippitt: Enclosed are three (3) originals and one (1) copy of proposed Cooperative Agreement No. 11-0434, with the City of Chula Vista and Caltrans,' to install a ~raffic control signal(s), and safety lighting; and to perform roadwork at the intersectiones) of Telegraph Canyon Road with Interstate Route 805. If the agreement is acceptable as written, please arrange for it to be executed. Return the three (3) signed original agreements with certified copies of the resolution, authorizing the agreement and signature, attached to each. Upon execution by the State, we will return one (1) original, and as many conformed copies as you request. If you have any questions, please contact Jim Roy at 688-6792. Sincerely, JESUS M. GARCIA District Director By HflL4= str..t. and Roads Engineer . Enclosure ~~4 II~ -," RESOLUTION NO. I~~ZS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR I-80S AND TELEGRAPH CANYON ROAD INTERCHANGE IMPROVEMENTS AND APPROPRIATING $338,000 THEREFOR The City Council of the City of Chula vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and CALIFORNIA DEPARTMENT OF TRANSPORTATION entitled Cooperative Agreement 111-0434, dated the day of 1991, a copy of which is on file in the Office of the City Clerk as Document II , and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the sum hereby appropriated from the unappropriated Transportation DIF Account for Phase (62l-6210-TF22S). of $338,000 is balance of the I improvement BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. John P. Lippitt, Director of Public Works m:v Presented by lty Attorney 9l60a ~-.5 ........ . . 11-S0-805 6.0/6.3 11359-164170 Agr....nt No. 11-0434 T.l.graph canyon Road COOPERATYVE AGREEMENT '!'BIS ACREEMEN'1', EN'l'ERED IN'l'O ON the STATE OF CALIFORNIA, acting by.and through its Transportation, r.f.rr.d to herein as .STATE,. and , is between Department of CITY OF Chula Vista, a body politic and a aunicipal corporation of the State of California, referred to herein as "CITY." RECITALS 1. STATE and CITY contemplate installing a traffic control siqnal(s) and safety lighting and performing roadwork at the int.rsectiones) of Telegraph Canyon Road with Interstate Route 805, referred to berein as "PROJECT,. and desire to specify the terms and conditions under which PROJECT is to be .ngineer.d, construct.d, financ.d, and maintained. SECTION r STATE AGREES: 1. To provide all nec.ssary preliminary .ngin.ering, including plans and specifications, and all nec.ssary construction .ngin.ering servic.s for PROJECT and to bear STATE's share of the .xpense th.r.of, as shown on Exhibit A attach.d and aade a part of this Agr._ent. 2. To construct PROJECT by contract in accordance with the plans and specifications of STATE. 3. To pay an _ount equal to 50t of PROJECT construction costs, as shown on Exhibit A, but in no ev.nt sball STATE's total obligation for PROJECT construction costs und.r this Agr._ent, .xcluding costs r.ferr.d to in Section III, Article (9), exceed the _ount of $247,500, provided that STATE may, at its sol. discr.tion, in writing, authorize a vr.ater _ount. . ~-1 rr5 . . 4. Upon completion of PROJECT and all work incidental thereto, to furnish crn, with a detailed stat_ent of the portion of the engineerinq and construction costs to be borne by CITY, . includinq resolution of any claims which aay be filed by STATE's contractor, and to refund to CITY promptly after completion of STATE's audit any amount of CITY's deposit(s) required in Section rr, Article (1) r_aining after actual costs to be borne by CITY have been deducted, or to bill CITY for any additional amount required to complete CITY's financial obligations pursuant to this Agreement.' 5. To aaintain the entire traffic control signal(s) and safety lighting as installed and pay an amount equal to sot of the total aaintensnce costs, and electrical energy costs. . 6. To operate the traffic control siqnal(s) as installed and pay loot of the operation cost. SECTION 1:T CYTY AGREES: 1. To deposit with STATE within 25 days of receipt of billing therefor (which billing will be forwarded ilDlDediately following STATE's bid advertising date of a construction contract for PROJECT), the amount of $297,000, which figure represents CITY's estimated share of the expense of preliminary engineering, construction engineering, and construction costs required to complete PROJECT, as shown on Exhibit A. CITY's total obligation for said anticipated project costs, exclusive of claims and excluding costs referred to in Section III, Article (9), under this Agreement shall not exceed the amount of $326,700: provided that CITY may, at its sole discretion, in writing, authorize a greater amount. 2. CITY's share of the construction cost (estimated to be 225,000), shall be an amount equal to sot of the total actual construction cost, including the cost of claims, the cost of STATE defense of any claims and the cost of STATE-furnished aaterial, if any, as determined after completion of work and upon final accounting of costs. 3. CITY's share of the expense of preliminary engineering shall be an amount equal to sot of the actual costs for preliminary engineering for entire PROJECT. 4. CITY's share of the expense of construction engineering shall be an amount equal to sot of the actual costs of construction engineering for entire PROJECT. 5. To pay STATE upon completion of all work and within 20 days of receipt of a detailed stat_ent ..de upon final accounting of costs therefor, any amount over and above the aforesaid . _cg-~ 2 11-(, . . . . advance deposit required to complete CITY's financial obligation pursuant to this Agre_ent. fi. '1'0 reiaburse STATE for CI'l'Y's proportionate ahare of the cost of aaintenance and electrical energy of aaid traffic control signal(s) and safety lighting, such ahare to be an amount equal to Sot of the total maintenance costs, and electrical energy cOsts. SECTION III YT rs MUTUALLY A.GREED A.S JPOT.Tl'\WS: 1. All obligations of STATE under the terms of this Agreement are aubject to the appropriation of resources by the Legislature and the allocation of resource. by the California Transportation COlDIDission. 2. STATE shall not award a contract for the work until after receipt of CITY's deposit required in Section II, Article (1). 3. Should any portion of PROJECT be financed with Federal funds or State gas tax funds all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 4. After opening of bids, CITY's estimate of cost will be revised based on actual bid prices. CITY'. required deposit under Section II, Article (1) above will be increased or decreased to match said revised estimate. If deposit increase or decrease i. le.s than $1,000, no refund or demand for additional deposit will be made until final accounting. 5. After opening bids for PROJECT and if bids indicate a cost overrun of no more than lot of the estimate will occur, STATE may award the contract. fi. If, upon opening of bids, it is found that a costs overrun exceeding lot of the estimate will occur, STATE and CITY shall endeavor to agree upon an alternative course of action. If, after 15 days, an alternative course of action is not agreed upon, this Agreement ahall be de_ed' to be terminated by mutual consent pursuant to Article (8) of this Section III. 7. Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written notice, provided th,at. CITY paya STATE for all costs incurred by STATE. 8. If termination of this Agreement ia by mutual consent, STATE will bear sot and CITY and will bear sot of all costs incurred prior to termination, except that any utility relocation costs ahall be prorated in accordance with STATE 'a/CITY's responsibility for utility relocation costs. ~-4 -f-A:2 3 . . 9. :rr .xis~ing public and/or priv.te u~ili~ie. conrlict with the cons~ru~ion or PROJECT, STATE will aak. .11 n.c....ry arrangements with the owners of such utilities for their . protection, relocation or removal. STATE will inspect the protection, relocation, or removal, which if there are any cos~s or such protection, relocation or remov.l which the STATE and C:rTY aust legally pay, STATE and CITY will share in the cost or said protection, relocation or removal, plus costs of engineering overhead and insp.ction, in the amount of 50t STATE and 50' CITY. R.quired prot.ction, relocation or removal or utiliti.s shall be perform.d in accord.nce with STATE policy and procedur.. 10. Upon completion of all work under this Agreement, ownership and title to all signalCs), materials, equipment and appurtenances installed will automatically be vested in STATE and no further agreement will be necess.ry ~o transfer ownership to STATE. 11. The cost of any engineering or maintenance referred to herein shall include all direct and indirect costs Cfunctional and administrative overhead assessment) attributable to such work, applied in accordance with STATE'. standard accounting procedures. 12. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by r.ason of anything done or omitted to be done by CITY under or in conn.ction with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury Cas defined by Gov.rnment Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 13. Neither CITY nor any officer or employ.e thereof shall be responsible for any damage or liability occurring by reason of anything done or omitt.d to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is also agr.ed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury Cas defined by Government Cod. Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. . 14. That, 1n the construction of 'said work, STATE wlll furnish a repr.sentative to perform the functions of a Resident Engineer, and CITY aay, at no cost to STA~, furnish a representative, if it so desir.s, and that said repr.s.ntativ. and Resident Engineer will cooperate and consult with .ach other, but the decisions of STATE's engineer shall prevail. .~ 4 ),. ~-Lb . . 15. '!'hat execution of this AlJr'eement by CITY grants to STATE the right to enter upon CITY-owned lands to construct PROJECT referred to herein. 16. '!'hat this Agreement shall terminate upon completion and acceptance of PROJECT construction contract by STATE or on December 31, 1993, whichever is earlier in time, however, the ownership, operation, and aaintenance clauses shall remain in effect until terminated, in writing, by mutual agreement. Should any construction-related claim arising out of the contract to construct this project be asserte4 against STATE, CITY aqree. to extend the termination date of this Aqreement and provide a4ditional fun4ing as require4 to cover CITY's proportionate share of costs or execute a subsequent agreement to cover those eventualities. STATE OF CALIFORNIA Department of Transportation A. A. Pierce Znterim Director of Transportation CITY OF Chula Vista By Mayor By Chief Deputy District Director Attest: City Clerk Approve4 as to form an4 procedure Attorney Department of Transportation Certifie4 as to fun4s an4 proce4ure DIstrict Accounting A4ministrator . y-// ~ 5 - . '. . EXHIBIT . COST ESTIMATE (Telegraph canyon Road at :Interstate 805) TYPE OF CONSTRUCT:ION STATE COST CITY COST TOTAL COST Signals , Lighting $60,000 $60,000 $120,000 Roadwork , Drainage 165.000 165.000 330.000 Construction Costs $225,000 $225,000 $450,000 Preliminary Engineering $27,000 $27,000 $54,000 (j:ln) Construction Engineering $45,000 $45,000 $90,000 (j:20\) TOTAL PROJECT COSTS $297,000 $297,000 $594,000 · (Includes 20\ contingencies) City's Maximum Cost of PROJECT $297,000 + ($297,000 x 10\) - $326,700 State's Maximum Cost of CONSTRUCTION $225,000 + ($225,000 x 10\) - $247,500 f>-/?- ~. "-'11' 6 COUNCIL AGENDA STATEMENT Item~8 Meeting Date 9/17/91 ITEM TITLE: a) Resolution 1l,~c./.3 Declaring intention to order the installation of certain improvements in a proposed assessment district; ordering the preparation of a report describing the district to be assessed to pay the costs and expenses thereof; and providing for the issuance of bonds for Assessment District No. 90-1 (Salt Creek I) b) Resolution Ib~l(~ Passing on the "report" of the Engineer, giving prel iminary approval, and setting a time and place for public hearing for Assessment District No. 90-1 (Salt Creek I) SUBMITTED BY: Director of Public Work~ REVIEWED BY: City Manager~~ ~6~\ (4/5ths Vote: Yes___No~) On July 23, 1991, Council accepted the property owner petition for the initiation of acquisition assessment district proceedings, pursuant to the Municipal Improvement Act of 1913, for the financing of certain public improvements serving the Salt Creek I development, located at the intersection of East H Street and SR 125. This item continues the formal proceedings leading to the establishment of the Salt Creek I assessment district. RECOMMENDATION: Adopt the resolutions. Set the time and date of the publ ic hearing for October 22, 1991 at 6:00 p.m. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Tonight's action is a continuation of the proceedings initiated by City Council on July 23, 1991 for the formation of Special Assessment District 90-1 (Salt Creek I). Through the approval of these resolutions the following will generally be accomplished: 1. The RESOLUTION DECLARING INTENTION is the jurisdictional resolution under "1913 Act" proceedings, decl aring intent to finance improvements through the issuance of bonds and declaring that the improvements are a benefit to the properties within the district. This resolution also directs the engineer-of-work, Municipal Financial Services to prepare a report on the pl ans, and a descri pt i on of the improvements. Further, it provides for the issuance of bonds on the project. 2. The RESOLUTION PASSING ON "ENGINEER'S REPORT" AND SETTING PUBLIC HEARING is the preliminary approval of the "Engineer's Report" as required in the previous resolution and sets date, time and place for public hearing. The public improvements proposed to be financed through the assessment district proceedings include major and collector street grading, water systems, reclaimed water facil ities, collector sewer mains, off-site sewer '1-1 .rl~/l < pi> r-- _ v ,"-'1-- "" .- , Page 2 , Item <\-.'9'-,41'.'" Meeting Date 9/17/91 tin 1.1~3,'6S.!," Main, storm drain systems, a landscaping and irrigation. Th estimated total amount proposed to b assessed to the land in the istrict is S5,16 ,722.07 including $4.0 8.445.01 for construction and $1.1 1.277.06 in incidental expenses such as design engineering and plan check costs, inspection costs. consultant fees, city administration costs and bond reserve fund and discount allowances. S,'3'D.424.u.. The Salt Creek 1 development will contain 540 dwelling units consisting of three different product types; single family detached, townhouses. and condominiums. The corresponding assessments per dwelling unit are as follows: PrDDosed Assessment Single Family Townhome Condominium $13,537.18-- ."'/'-'7. IS" 19,961.49 ID,,~,$'S" * -4,926.63 4Q49.08 , I< Reflects a Baldwin's contribution of S2.622.S2-per unit to lower the assessment to City standards. ~4~'~ The proposed assessments are within all Council Policy criteria including lien to value ratio and aggregate total of taxes and all existing and proposed debt service being 2% or less of the assessed property value. These assessments could be discharged by the buyer at the time the new home is purchased or paid off over a 25 year period with annual payments collected on the property tax bill of approximately SI,268.43. $912.94 and S461.57 respect i vely at current interest rates. t,'S1' ."0 .,i t..,1 ~3.'Z Construction of the assessment district improvements 1s projected to be complete in January 1992.. However, the marketing of homes is scheduled to begin in late September. 1991. Since it is desirable from a disclosure standpoint, to have the proceedings complete and the assessments known as soon as possible, the proceeding is being brought forward at this time. The assessment district bonds would not be sold until early next year after the construction is complete. The next step in the assessment district proceedings is the public hearing. Adoption of tonight's resolutions win set the time and date of the public hearing for October 22, 1991, at which time the district may be formed and the assessments levied. . Attached for Council's reference is the Council agenda statement for July 23, 1991 meeting at which time the property owner petition and boundary aap were approved. FISCAL IMPACT: The developer has advanced all City expenses related to the proposed assessment district. In conformance with City policy on developer requested assessment districts, the Baldwin Company will deposit the origination charge of approximately S50,OOO prior to the public hearing. The actual amount will be based on the final engineer's report. WPC 5739E <1"J;' ____..._... .............. .........'.........,n H-IILI 1=I'rr'>i 1;:8.01;:96<: .:s"'-e.- pc-r- ~-'5: .J-.W'-'> ~ ~J 'f,,\"'-- Page 2, Item q^'tB Meeting Date 9/17/91 in, storm drain systems, and landscaping and irrigation. The estimated to 1 amount proposed to be assessed to the land in the district is $5, 9,722.07 including $4,068,445.01 for construction and $1,101,277.06 in i ncid tal expenses such as des ign engi neeri ng and plan check costs, inspect n costs, consultant fees, city administration costs and bond reserve fund and iscount allowances. The Salt Cre k three differe condominiums. Single Famil Townhome Condominium development will contain 540 dwell ing units consisting of product types; single family detached, townhouses, and corresponding assessments per dwelling unit are as follows: Proposed Assessment $13,537.18 10,064.49 * 4,926.03 * Reflects a Baldwin's c tribution of $2,622.52 per unit to lower the assessment to City standa s. The proposed assessments are withi all Council Policy criteria including lien to value ratio and aggregate total 0 taxes and all existing and proposed debt service being 2% or less of the assess property value. These assessments could be discharged bY~e buyer at the time the new home is purchased or paid off over a 25 year perio with annual payments collected on the property tax bi 11 of approximately ,$1,268.43, $943.04 and $461. 57 respectively at current interest rates. ' Construction of the assessment district improvements is projected to be complete in January 1992. However, the marketiri!!- of homes is scheduled to begin in late September, 1991. Since it is deS\jrable from a disclosure standpoint, to have the proceedings complete and the )ssessments known as soon as possible, the proceeding is being brought forwa~d at this time. The assessment district bonds would not be sold until early next year after the construction is complete. . The next step in the assessment di stri ct proceedi ngs is th{! publ i c heari ng. Adoption of tonight's resolutions will set the time and dat!! of the publ ic hearing for October 22, 1991, at which time the district may be. formed and the assessments levied. . Attached for Council's reference is the Council agenda statement for July 23, 1991 meeting at which time the property owner petition and boundary" map were approved. . FISCAL IMPACT: The developer has advanced all City expenses related to the proposed assessment district. In conformance with City pol icy on developer requested assessment di stri cts, the Ba 1 dwi n Company wi 11 deposit the origination charge of approximately $50,000 prior to the public hearing. The actual amount will be based on the final engineer's report. WPC 5739E q.z. L COUNCIL AGENDA STATEMENT Item / I /l-lC Meeting Date 7/23/91 ITEM TITLE: a) Resolution 1~2./pq Making findings on the petition for the Salt Creek I Assessment District No. 90-1 b) Reso 1 ut i on I~ ~?b Adopt i n9 a map showi ng the proposed boundaries of Assessment District No. 90-1 (Salt Creek I) c) Resolution ll."71 Approving a proposed resolution of intention and requesting consent and jurisdiction from the County of San Di ego for the Salt Creek I Assessment Di stri ct No. 90-1 d) Resolution IlI'1.72. Approving Amendment No. 1 to the agreement with Municipal Financial Services, Inc. and authorizing the Mayor to execute said amendment. e) Resolution 1~'-'1 '! Approving an agreement with Thomas O. Meade for project management services for the Salt Creek I Assessment District No. 90-1 and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Publ ic Work~ ~ REVIEWED BY: City Manager~ ,~ (4/5ths Vote: Yes_No_) FN Projects, Inc. (Baldwin Company) has submitted a petition requesting assessment di stri ct fi nanci ng of infrastructure improvements for thei r Salt Creek I residential development. The owner has also submitted a map showing and describing the boundaries of the proposed district. Certain improvements are located outside the City boundary necessitating the request for consent and jurisdiction from the County of San Diego. Because of the complexity of the proceedings and time constraints, the owner has requested that Thomas O. Meade be retained as project manager for the district. The current agreement with Municipal Financial Services, Inc. is being amended to delete the project management services. RECOMMENDATION: Adopt the resolutions as listed in the title hereto. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On April 2, 1991, by Resolution 16115, the City Council approved an agreement with FN Projects, Inc. (The Baldwin Company) in which they agree to provide for all the funds to pay consulting, administration and appraisal expenses for the formation of the District. Following, on April 2, 1991, by Resolution No. 16116, the Council approved an agreement with Muni Financial Services, Inc. to perform assessment engineering and project management services associated with the proceedings. q,.,3 ~ Page Z, Item Meeting Date l\ 7/23/91 The Salt Creek I development is a residential project of approximately 550 dwelling units located at the intersection of East 'H' Street and SR 125. The developer is required to construct East 'H' Street to full six-lane width through the development. Both East 'H' Street and SR 125 are a part of the Eastern Territories major street system and are included in the Development Impact Fee (DIF) program for the area. In addition, two collector streets, Proctor Valley Road and Mt. Miguel Road, an off-site sewer, major water facilities, and storm drain improvements will be constructed. FN Projects has submitted a petition to the City requesting assessment district financing, pursuant to the Municipal Improvement Act of 1913, of approximately $5.0 million in public improvements. Staff has reviewed the petition and has determined that it meets the requirements of the Streets and Highways Code and recommends acceptance by Council. An acquisition type proceedings is proposed wherein the developer will construct the improvements and the City would acquire them upon completion, which is estimated to be early 1992. A map showing the proposed boundaries of the district has been also submitted to the City. The map has been reviewed by staff and has been found acceptable and its approval by Council is hereby recommended. A reduced copy of the map (Attachment "A") is attached to this report. The developer has indi cated that marketing of the homes in the development will begin about October 1, 1991 and has required that the assessment district publ ic hearing be completed by that time to allow accurate disclosure of assessment information to prospective homebuyers. The assessment district proceedings is complicated by the necessity to obtain consent and juri sdi ct i on from the San Diego County Board of Supervi sors to 1 evy assessments for improvements constructed in the County. Proctor Vall ey Road and the off-site collector sewer are all, or in part, located in the County. No assessments are proposed to be levied to land outside the City boundary. The off-si te sewer wi 11 belong to the Ci ty, however, the street will be partially in the County until it is annexed to the City in the future. Consent and juri sdi ct ion must be granted by the Board prior to the City beginning the public hearing process. The approval of the proposed Resolution of Intention does not constitute the formal action of the City Council declaring the intention to order the installation of improvements for the subject district. Its purpose is to send a clear indication to the County about the intent of the City to form the district and the extent of the proposed improvements. A copy of the approved resolution requesting consent and jurisdiction will be transmitted to the County along with all supporting information. As a result of the short time available to carry out the consent and juri sdi ction and subsequent publ ic heari ng processes, FN Projects has requested that Thomas Meade be retained by the City as the project manager for the entire proceedings. Originally, Municipal Financial Services, Inc. (MFS) was hired to perform .project management" and "assessment engineering" activities. Staff concurs with the owner's proposal and considers that Mr. 't..lJ 1', ~ Page 3, Item \ \ Meeting Date 7/23191 Meade's participation would expedite the proceedings. Mr. Meade has substantial assessment district management experience and has been hired as project manager for several similar projects in Chula Vista. He is very familiar with the consent and jurisdiction process. Mr. Meade will be paid on an hourly basis, not to exceed $16,000. MFS, which would be retained as assessment engineer, has agreed to the retention of Mr. Meade and has submitted an amendment to their existing agreement deleting all project management service. The reduction in the agreement amount is $9,350 which is based on an original $12,850 for project management services less $3,500 for services already provided. Staff has reviewed the proposed amendment and recommends approval by Council. FISCAL IMPACT: None to the City. The County does not charge for their cost of processing the consent and jurisdiction request and FN Projects will provide for all the funds to pay for the project manager consulting cost. LD/mad:AY-082 WPC 5693E 't ~S \\ ~ ~, ATTACHMENT "A" PROPOSED BOUNDARIES ASSESSMENT DISTRICT No. 90-1 ( SALT CREEK I ) , \ FOR THE , ' CITY OF CHULA VISTA ........ "...... COUNTY OF IAN DIEGO, STATE OF CALFORNIA " '-- ...... ~,..-;..;:;;.;..--;-..-;..-;-.,;;..------ I I I j . . .. . . 8 \:10. . . . . , . . .. . .. .. G .. -- - . - I 8 ~ GRAPHIC ICAL!: 200 D 200 400 k.,-_"'" . I '_""1 ,_._n .. I I I I ./ ....OW...--) II / ,j I ~I j I I I I I I I I Ik I I.&VI 1t;'1 It I I ,'t- I It; I l.;fl I I / I I / " I I ~V I ,O!')J ,) '<.,-t/-.... /" ~/yi' ..... anr~. an ..-..a..,.. VICINITY MAP ~K~ ~1l~.==1 ....... p- --~ LEGEND I~QIIII"""""-----'''' ......._ _~,_""j.ALTC_lt.W" _IT" c:rf'_~.M.:::rr'OI'OIM.Avtt'AAT"IiIM.NI~" __....,01'. ___ .'lIIUOWTIOIItIO. ---- --,-., .-- @ -- _._.....::e.....CII'n'__.._CII'n'..~..," __M'''' .--..oJ CfTYCUIII. CfTY.........,... MFS ___MY" -- ._ ""MI_"'_"'"_~ _ftltn.._~OI'TIC~_"_c-..n.. .-1aM. lUll Of ~ ~.l.n...... _n..,.__ _n '" tAlI_GO 42217 AI, lid. .ult.U03 T.mlcut.. e,lIforn&. 82110 (7UIIIIII.,UO .. 'i~(p ,.: ,. . i . - . . @> -~ ," ",of' .of' ," .,..~ ........ .- ) au.- . . ~ . . l MEMORANDUM September 17, 1991 TO: Honorable Mayor and City Council FROM: Director of Public Works ~ SUBJECT: Salt Creek Assessment District ITEM # 9 Staffhas received a revised Preliminary Engineer's report for the Assessment District. This was due to an error in the Engineer's Estimate. The New report is attached along with a correction to page 2 of the Agenda Statement. The change will increase the assessments by about 5 % above that amount reported to you earlier. 9-'} PRELIMINARY ENGINEER'S REPORT ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA SEPTEMBER 1991 PREPARED BY MUNI FINANCIAL SERVICES, INC. 42217 Rio Nedo, Second Floor Temecula, CA 92590 (714) 699-3990 FAX: (714) 699-3460 3727 Buchanan, Suite 202 San Francisco, CA 94123 (415) 441-3550 FAX: (415) 441-1401 9-9 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA TABLE OF CONTENTS PROJECT SUMMARY .......................................... 1 ENGINEER'S REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 PART I - PLANS AND SPECIFICATIONS ......................... 4 PART II - ESTIMATE OF CONSTRUCTION COSTS. . . . . . . . . . . . . . . . .. 5 PART III - ASSESSMENT ROLL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 METHOD/FORMULA OF ASSESSMENT SPREAD PART IV - ASSESSMENT DIAGRAM ............................ 19 PART V - DESCRIPTION OF WORK ............................ 20 PART VI - CERTIFICATE OF PURCHASE OF "AS-BUILT" IMPROVEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21 RESOLUTION OF PROCEEDINGS ................................. 23 APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24 JN202.RPT 9-ltl PROJECT SUMMARY Date Acquisition Agreement Adopt Boundary Map Resolution of Intention Presentation of Preliminary Engineer's Report Public Hearing Confirmation of Assessments The Assessment District is proposed for the purpose of acquiring certain public improvements under the Municipal Improvement Act of 1913. The General administration of this District will be undertaken by the City of Chula Vista and all official actions will be made by the City Council. The Baldwin Company has previously submitted a tentative subdivision map known as Salt Creek I, Chula Vista Tract 89-13 for 130 acres located at the northeasterly and southeasterly quadrants of East "H" Street and the proposed State Route 125. A Final Environmental Impact Report for the development, EIR 89-9, has been processed and approved by the City Council. Additionally, the City Council has approved the tentative subdivision map for Salt Creek I, Chula Vista Tract 89-9 for which Maps 12827, 12828 and 12829 have subsequently recorded. Salt Creek I is included within the Development Impact Fee, Eastern Territory, 1991, which directs that specific infrastructure be provided to mitigate area deficiencies. Those specific facilities built by Salt Creek I shall be noted within this report and identified with Section "C" of the Cost Estimate Section. The DIF, as set by the DIF Report per Residential Category, shall be incorporated and additive to the final assessment district lien. For this district, the DIF Facilities to be incorporated are those directly related to the grading, street improvement and landscaping of East "H" Street from East Lake Drive to Mt. Miguel. The cost of the acquisition of these improvements and incidentals and the DIF is assigned to every parcel of land within the District that has received an improvement or has benefitted by the improvement. The level of benefit varies according to land use and utilization of the improvements funded. Balance to Assessment Preliminary $ 4,196,476.86 $ 1.193.765.36 $ 5,390,424.22 Acquisition Construction Cost Incidental Costs & Expenses Additional information may be obtained by contacting the office of the Public Works Director, John P. Lippitt. 1 9-/1 ACQUISiTION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK i) CITY OF CHULA VISTA ENGINEER'S REPORT PURSUANT TO THE PROVISIONS OF SECTION 10204 OF THE STREETS AND HIGHWAYS CODE Pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, and in accordance with the Resolution of Intention No. , adopted by the City Council of the CITY OF CHULA VISTA (hereinafter referred to as the "CITY"), in connection with the proceedings for ASSESSMENT DISTRICT NO. 90-1 SALT CREEK I (hereinafter referred to as the "Assessment District"), I, John P. Uppitt submit herewith the Report for the Assessment District, consisting of five (5) parts as follows: PART I Plans and specifications for the improvements to be acquired are filed herewith and made a part hereof. Said plans and specifications are on file in the Offices of the City Clerk and the Superintendent of Streets. PART /I The actual cost of the improvements to be acquired, including incidental costs and expenses in connection therewith, is set forth on the lists thereof, attached hereto, and are on file in the office of the City Clerk. 2 9-/). PART III A proposed assessment of the total amount of the costs and expenses of the improvements upon the several subdivisions of land within the assessment district, in proportion to the estimated benefits to be received by such subdivisions, from said improvements, is presented upon the assessment roll filed as a part of this report. PART IV A Diagram showing the assessment district and the boundaries of the subdivision of land within said assessment district, as the legal parcels existed at the time of the passage of the Resolution of Intention, is filed herewith and made a part hereof. PART V Description of the work for the improvements are filed herewith and made a part hereof. Description of all rights-of-way, easements and lands to be acquired, if necessary, is set forth on the lists thereof and are on file in the Office of the City Clerk. PART VI The Engineer's Certificate stating that the prices and quantities set forth are true, correct and reasonable is filed herewith and made a part hereof. This Preliminary Report dated this day of , 1991. John P. Lippitt Superintendent of Streets City of Chula Vista This Final Report dated this day of , 1991. John P. Lippitt Superintendent of Streets City of Chula Vista 3 C?- / J ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA PART I - PLANS AND SPECIFICATIONS Plans and Specifications for the improvements to be acquired are filed herewith and made a part hereof. Said plans and specifications are on file in the Offices of the City Clerk and the Superintendent of Streets. 4 Cf-/Lj ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA PART II - ESTIMATE OF CONSTRUCTION COSTS SECTION A. ESTIMATE OF CONSTRUCTION COSTS PROJECT NO.1: PROJECT GRADING PROJECT NO.2: EAST "H" STREET PROJECT NO.3: STATE ROUTE 125 (SR 125) PROJECT NO.4: WATER SYSTEM PROJECT NO.5: RECLAIMED WATER SYSTEM PROJECT NO.6: SEWER SYSTEM PROJECT NO.7: OFFSITE SEWER - PROCTOR VALLEY ROAD PROJECT NO.8: STORM DRAIN SYSTEM SECTION B. CALCULATION OF MAXIMUM DlF SECTION C. INCIDENTAL EXPENSES BOND COSTS BALANCE TO ASSESSMENT 5 ?-/> ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) PART II - COST ESTIMATES PROJECT NO.1: GRADING ITEM DESCRIPTION PRELIMINARY CONFIRMED DIF NO. TOTAL TOTAL ELIGIBLE 1 EAST "H" STREET 273,628.00 273,628.00 2 PROCTOR VALLEY ROAD 254,230.00 0.00 3 MT. MIGUEL ROAD 164,616.00 0.00 -------------- -------------- PROJECT NO. 1: TOTAL $ 692,474.00 273,628.00 SUMMARY OF PROJECT NO. 1 COSTS ALLOCATION TO DISTRICT EAST "H" STREET PROCTOR VALLEY RD MT. MIGUEL RD COST $273,628.00 $254,230.00 $164,616.00 $692,474.00 ALLOCATION (DIP) 50.00% 100.00% AD COST (DIF) $127,115.00 $164,616.00 $291,731.00 ~-A 9-11, ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) PART II - COST ESTIMATES PROJECT NO.2: EAST "H" STREET AC PAVING ITEM DESCRIPTION PRELIMINARY CONFIRMED DIF NO. TOTAL TOTAL 1 MOBILIZATION/DEMOBILIZATION 23,000.00 23,000.00 2 STRIPING & SIGNAGE 9,000.00 9,000.00 3 STREET SURVEY MONUMENTS 2,530.00 2,530.00 4 TRENCH SHORING 2.00 2.00 5 SUPPLY BONDS 22,000.00 22,000.00 6 ACP 5"/6" AB 169,884.00 169,884.00 7 ACP ADDITIONAL 1/2" 240.00 240.00 8 CAB ADDITIONAL 1/2" 140.00 140.00 9 ACP (5/6) 224,523.00 224,523.00 SUBTOTAL 451,319.00 451,319.00 SIDEWALK/CURB & GUTTER 1 6" TYPE G CURB & GUTTER 49,072.50 49,072.50 2 6" TYPE Bl CURB 38,115.00 38,115.00 3 6" TYPE A AC BERM 3,450.00 3,450.00 4 PEDESTRIAN RAMP 882.00 882.00 5 PCC SIDEWALK PAVING 60,217.50 60,217.50 6 PCC MEDIAN & MAINT. APRON 68,378.30 68,378.30 7 l' DEEP CONCRETE MOW STRIP 2,798.60 2,798.60 8 DEEP EDGE OF MEDIAN PLANTER 5,016.00 5,016.00 9 PCC DRIVEWAY 8,432.00 8,432.00 10 6" DEEP PCC SIDEWALK 850.00 850.00 12 GRASS CRETE PAVING 15,491.00 15,491.00 SUBTOTAL 252,702.90 252,702.90 5-C 1-/7 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) PART II - COST ESTIMATES PROJECT NO.2: EAST "H" STREET (CONTINUED) LANDSCAPE BETWEEN EASTLAKE DRIVE AND SR 125 ITEM NO. DESCRIPTION PRELIMINARY TOTAL CONFIRMED TOTAL DIF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 SUPPLY BONDS AUTOMATIC IRRIGATION SYSTEM SOIL TESTS, SOIL PREP. 1-GALLON SHRUB 5-GALLON SHRUB 15-GALLON SHRUB GROUND COVER 2" LAYER BARK MULCH TREE STAKING COMPo TREE DRAINAGE COMPo HYDROSEED FLAT PLANTS COMPo 36" INSIDE DIA. X 18"HT. PRECAST CONC. TREEWELL 90-DAY MAINT. OF LANDSCAPE TRAFFIC CONTROL SUBTOTAL 12,050.00 77,004.00 5,589.00 6,220.00 11,388.00 10,868.00 7,864.00 3,007.00 1,235.00 2,470.00 195.00 146.25 20,995.00 1,863.00 5,000.00 165,894.25 LANDSCAPE FROM SR 125 TO MT. MIGUEL RD. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 SLUMP BLOCK SIGN WALL 4' SLUMP BLOCK PLASTER SIGN PLANTER WALL 4" ASPHALT PAVING AUTOMATIC IRRIGATION SYSTEM SOIL TESTS, SOIL PREP. 1-GALLON SHRUB 5-GALLON SHRUB 15-GALLON SHRUB 15-GALLON TREE 48" BOX TREE 6" POTTED PLANTS FLAT PLANTS AT CRIB HYDROSEED #4 FLAT PLANTS COMPo 36" INSIDE DIA. X 18" HT PRECAST CONC. TREEWELL TREE DRAINAGE SYSTEM TREE STAKING COMPo SHREDDED BARK MULCH 90-DAY MAINT. OF LANDSCAPE SUBTOTAL 3,150.00 1,600.00 19,425.00 11,250.00 43,365.90 6,500.39 2,944.00 3,840.00 1,188.00 6,204.00 11,700.00 2,350.00 300.00 3,064.46 2,507.29 10,540.00 1,240.00 705.00 2,852.31 2,166.80 136,893.15 5-[ 0,'1 ~ 12,050.00 77,004.00 5,589.00 6,220.00 11,388.00 10,868.00 7,864.00 3,007.00 1,235.00 2,470.00 195.00 146.25 20,995.00 1,863.00 5,000.00 165,894.25 0.00 0.00 0.00 0.00 43,365.90 6,500.39 2,944.00 3,840.00 1,188.00 6,204.00 0.00 2,350.00 300.00 3,065.00 502.46 0.00 0.00 0.00 0.00 0.00 70,259.75 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) PART II - COST ESTIMATES PROJECT NO. 2 : EAST "H" STREET (CONTINUED) EROSION CONTROL FROM SR 125 TO MT. MIGUEL RD. ITEM DESCRIPTION PRELIMINARY CONFIRFMED DIF NO. TOTAL TOTAL 1 2 3 4 5 6 7 8 9 10 11 12 13 AUTOMATIC IRRIGATION SYSTEM SOIL TESTS, SOIL PREP. 1-GALLON SHRUB 1-GALLON TREE 15-GALLON TREE HYDROSEED MIX #1 HYDROSEED MIX #2 HYDROSEED MIX #3 HYDROSEED MIX #4 HYRDOSEED MIX #5 TREE STAKING #2 PLAT PLANTS 90-DAY MAINT. OF LANDSCAPE 122,614.22 16,395.40 7,440.00 1,732.00 1,408.00 3,295.50 11,292.55 2,293.61 2,255.00 202.38 2,305.00 1,845.00 7,869.79 SUBTOTAL 180,948.45 PROJECT NO.2: TOTAL 1,662,469.75 608,042.08 SUMMARY OF PROJECT NO. 2 COSTS ALLOCATION TO DISTRICT COST ALLOCATION AC PAVING SIDEWALK/C & G JOINT TRENCH BLK. WALLS/RL FENC STREET LIGHTS RETAINING WALLS LANDSCAPING $451,319.00 $252,702.90 $155,000.00 $220,612.00 $69,100.00 $30,000.00 $483,735.85 $1,662,469.75 (DIF) (DIP) 100.00% 93.31% (DIF) (DIF) 51.10% 5-F q~/1 AD COST (DIP) (DIF) $155,000.00 $205,853.06 (DIP) (DIF) $247,189.02 $608,042.08 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) PART II - COST ESTIMATES PROJECT NO.3: STATE ROUTE 125 ROUGH GRADING ITEM NO. DESCRIPTION PRELIMINARY TOTAL CONFIRMED TOTAL EROSION CONTROL 1 SANDBAGS SUBTOTAL FENCING/RETAINING WALLS 1 2 3 2' BLOCK 3' W. r. 3' BLOCK 3 GLASS 6'-9' BLOCK SUBTOTAL LANDSCAPE 1 2 3 4 IRRIGATION LANDSCAPE HYDROSEED 90-DAY MAINT. 5,000.00 5,000.00 67,500.00 49,500.00 150,000.00 267,000.00 44,190.00 24,356.00 22,541. 00 5,914.00 97,001. 00 369,001. 00 SUBTOTAL SUBTOTAL SUMMARY OF PROJECT NO. 3 COSTS ALLOCATION TO DISTRICT: ROUGH GRADING FENCING/RETAINING WALLS LANDSCAPE COST $5,000.00 $267,000.00 $97,001. 00 $369,001. 00 5-G 9-.2CJ ALLOCATION 0.00% 100.00% 0.00% AD COST $0.00 $267,000.00 $0.00 $267,000.00 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) PART II COST ESTIMATES PROJECT NO. 4 - WATER SYSTEM H STREET ITEM NO. DESCRIPTION PRELIMINARY TOTAL CONFIRMED TOTAL 1 12" ACP 2 16" ACP 3 12" GATE VALVE 4 16" GATE VALVE 5 CONNECT #1 TO EXIST, 12" 6 CONNECT #2 TO EXIST, 16" 7 1" AIR-VAC ASSEMBLY 8 2" AIR-VAC ASSEMBLY 10 FIRE HYDRANT ASSEMBLY 11 12" ACP WATER MAIN 12 16" ACP WATER MAIN 13 2" BLOW OFF ASSEMBLY 14 4" BLOW OFF ASSEMBLY SUBTOTAL PROCTOR VALLEY ROAD 1 12" ACP CL150 2 6" FIRE HYDRANT 3 12" BUTTERFLY VALVE SUBTOTAL MT. MIGUEL ROAD UNIT 1 1 2 3 4 16" ACP CL150 2" BLOW OFF 4" BLOW OFF 6" PRESSURE REDUCING STA. SUBTOTAL 1 2 3 4 5 10" ACP CL150 12" ACP CL150 6" FIRE HYDRANT 10" GATE VALVE 1" AIR RELEASE SUBTOTAL 60,000.00 85,510.00 7,200.00 2,500.00 2,400.00 3,200.00 4,500.00 8,500.00 13,200.00 10,695.00 58,140.00 4,800.00 9,600.00 270,245.00 44,960.00 6,300.00 900.00 52,160.00 47,544.00 850.00 1,400.00 34,500.00 84,294.00 24,192.00 3,920.00 8,400.00 2,250.00 1,200.00 39,962.00 5-H 9-.2/ ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) PART II COST ESTIMATES 'ROJECT NO. 4 - WATER SYSTEM (CONTINUED) 'JNIT 2 ITEM NO. DESCRIPTION PRELIMINARY TOTAL CONFIRMED TOTAL 1 10" ACP CL150 2 8" GATE VALVE 3 10" GATE VALVE 4 CONNECT TO EXIST 12" 9,584.00 600.00 3,750.00 1,000.00 SUBTOTAL 14,934.00 UNIT 3 1 10" ACP CL150 11,120.00 2 12" ACP CL150 9,560.00 3 6" FIRE HYDRANT 4,200.00 4 8" GATE VALVE 600.00 5 10" GATE VALVE 5,250.00 6 12" BUTTERFLY VALVE 900.00 7 I" AIR RELEASE 1,200.00 8 CONNECT TO EXIST 12" 2,000.00 SUBTOTAL 34,830.00 WATER SYSTEM SUBTOTAL PROJECT NO. 4 - TOTAL 496,425.00 SUMMARY OF PROJECT NO. 4 COSTS ALLOCATION TO DISTRICT: EAST "H" STREET PROCTOR VALLEY RD MT. MIGUEL RD UNIT 1 UNIT 2 UNIT 3 COST $270,245.00 $52,160.00 $84,294.00 $39,962.00 $14,934.00 $34,830.00 $496,425.00 ALLOCATION 37.00% 36.00% 33.00% 70.00% 70.00% 70.00% 5- I q..,)..;2 AD COST $99,990.65 $18,777.60 $27,817.02 $27,973.40 $10,453.80 $24,381. 00 $209,393.47 .I ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) PART II COST ESTIMATES PROJECT NO. 6: SEWER SYSTEM PROCTOR VALLEY ROAD ITEM PRELIMINARY CONFIRMED NO. DESCRIPTION TOTAL TOTAL 1 10" PVC SEWER 3,468.00 2 SEWER MANHOLE 3,000.00 SUBTOTAL 6,468.00 SAN MIGUEL ROAD 1 10" PVC SEWER 18,530.00 2 SEWER MANHOLE 10,500.00 3 SEWER CONNECTION 1,000.00 SUBTOTAL 30,030.00 UNIT 1 1 10" PVC SEWER 34,714.00 2 SEWER MANHOLE 13,500.00 3 CUT OFF WALL 2,400.00 SUBTOTAL 50,614.00 ------------- PROJECT NO. 6: TOTAL $87,112.00 SUMMARY OF PROJECT NO. 4 COSTS ALLOCATION TO DISTRICT: PROCTOR VALLEY RD MT. MIGUEL RD UNIT 1 COST $6,468.00 $30,030.00 $50,614.00 ALLOCATION 47.00% 60.00% 42.00% $87,112.00 5-L C}~ .2} AD COST $3,039.96 $18,018.00 $21,257.88 $42,315.84 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) PART II - COST ESTIMATES PROJECT NO.7: PROCTOR VALLEY OFFSITE SEWER ITEM NO. DESCRIPTION PRELIMINARY TOTAL CONFIRMED TOTAL 1 2 3 4 5 6 7 8 9 10 11 12 MOBILIZATION SUPPLY BONDS 15" PVC SEWER 12" PVC SEWER 10" PVC SEWER SEWER MANHOLE CONNECTION TO EXISTING CONNECTION TO EXISTING CONCRETE CRADLE CONCRETE ENCASEMENT JACKED STEEL CASING TRENCH SHORING 40,000.00 6,500.00 110,600.00 33,980.00 82,460.00 46,400.00 500.00 500.00 7,500.00 5,400.00 23,744.00 17,725.00 ------------- PROJECT NO.7: TOTAL 375,309.00 SUMMARY OF PROJECT NO. 7 COSTS ALLOCATION TO DISTRICT: OFFSITE SEWER COST $375,309.00 ALLOCATION AD COST 26.00% $97,580.34 5-M 9.;; i ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) PART II - COST ESTIMATES PROJECT NO.8: STORM DRAIN SYSTEM EAST "H" STREET ITEM NO. DESCRIPTION PRELIMINARY TOTAL CONFIRMED TOTAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 18" RCP 24" RCP 36" RCP 42" RCP 48" RCP CONC. ENERGY DISSAPATOR WING TYPE HEADWALL TYPE B1 CURB INLET TYPE B1 CURB INLET W/LUG TYPE A-4 CLEANOUT TYPE A-5 CLEANOUT TYPE A-8 MOD. CLEAN OUT TYPE F CATCH BASIN MOD. TYPE F CATCH BASIN DRAINAGE BASIN TYPE A5 CLEANOUT/TO GRADE BROOKS 12"x12" CATCH BASIN 6" PVC CONNECT TO 48" RCP CLEANOUT CONNECT TO EXISTING 48" RCP 18" RCP 24" RCP 36" RCP TYPE B1 CURB INLET TYPE A-4 CLEANOUT CURB OUTLET TYPE D-25 BRICK & MORTOR PLUG 6" PVC CONNECT 36" RCP TO CLEANOUT SUBTOTAL 12,900.00 10,575.00 4,500.00 31,590.00 48,760.00 22,000.00 4,000.00 23,800.00 7,200.00 3,200.00 9,300.00 5,000.00 4,000.00 2,200.00 1,100.00 880.00 10,920.00 10,010.00 680.00 326.00 4,805.00 1,710.00 94,185.00 10,800.00 11,600.00 4,000.00 10.00 7,350.00 500.00 347,901.00 5-N tj"').5 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) PART II - COST ESTIMATES PROJECT NO.8: STORM DRAIN SYSTEM (CONTINUED) UNIT 1 ITEM NO. DESCRIPTION 1 18" RCP 1350D 2 42" RCP 1350D 3 42" RCP 1350D 4 48" RCP 1350D 5 48" RCP 1350D 6 CONC LUG 7 A-5 CLEANOUT 8 27' Bl INLET 9 26' Bl INLET 10 19' Bl INLET 11 21' Bl INLET 12 23' Bl INLET 13 F CATCH BASIN 14 CUTOFF WALL 15 9' Bl INLET 16 BLASTING/ADD'NL BACKFILL SUBTOTAL PROJECT NO.8: TOTAL PRELIMINARY TOTAL 11,040.00 104,682.00 7,656.00 34,860.00 17,181.00 1,860.00 24,975.00 4,850.00 4,600.00 4,100.00 4,310.00 4,350.00 7,050.00 5,500.00 3,100.00 29,000.00 269,114.00 -------------- 1,254,253.00 CONFIRMED TOTAL SUMMARY OF PROJECT NO. 8 COSTS ALLOCATION TO DISTRICT: EAST "H" STREET PROCTOR VALLEY RD MT. MIGUEL RD UNIT 1 COST $347,901. 00 $455,272.00 $181,966.00 $269,114.00 $1,254,253.00 5-0 9-.2(, ALLOCATION 56.25% 50.00% 100.00% 100.00% AD COST $195,711. 01 $227,636.00 $181,966.00 $269,114.00 $874,427.01 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA SECTION "B" MAXIMUM DEVELOPMENT IMPACT FEE Pursuant to Ordinance No. 2431 (amending Ordinance No. 2251), the Development Impact Fee (DIF) as it relates to the funding of transportation facilities in the City's eastern territories has been given a value per development type. Financial and engineering studies, and the City's General Plan show that the transportation network in the Salt Creek I area will be adversely impacted by new development unless new transportation facilities are added to accommodate an increased traffic generation. Mitigating facilities, as defined within the Eastern Area Development Impact Fee for Streets, Final 1990 Revision, are being constructed within the Salt Creek I project area. Only those eligible DIF facilities within Assessment District No. 90-1 and their respective costs shall be included within the assignment of the final spread to the parcels within the boundary of the District, the remainder goes to DIF credit. A. CONSTRUCTION ESTIMATE EAST "H" STREET: Grading Improvements Landscaping Subtotal $ 273,628.00 $ 817,881.90 $ 236.154.00 $ 1 ,327,663.90 B. INCIDENTAL EXPENSES DIF PROGRAM SUPPORT (2%) $ 26.016.00 TOTAL $ 1,353,679.90 C. DISTRICT DIF GENERATION 166 SFR @ $3,060 216 TWH @ $2,448 158 CDO @ $1,836 = $ 507,960.00 $ 528,768.00 $ 290.088.00 = = MAXIMUM DIF $ 1.326.816.00 BALANCE TO CREDIT $ 26,863.90 6 Cj';1.7 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA PART 1/ - ESTIMATE OF CONSTRUCTION COSTS (CONTINUED) A.D. 90-1 CONSTRUCTION ALLOCATION COST - SUMMARY PROJECT NO.1: PROJECT GRADING Preliminarv Confirmed $ 291,731.00 $ 608,042.08 $ 267,000.00 $ 209,393.47 $ 218,292.86 $ 42,315.84 $ 97,580.34 $ 874.427.01 PROJECT NO.2: EAST "H" STREET PROJECT NO.3: SR 125 LANDSCAPING PROJECT NO.4: WATER SYSTEM PROJECT NO.5: RECLAIMED WATER PROJECT NO.6: SEWER SYSTEM PROJECT NO.7: OFFSITE SEWER SYSTEM PROJECT NO.8: STORM DRAIN SYSTEM PROJECT CONSTRUCTION COST $ 2,608,782.60 $ 260.878.26 CONTINGENCY (10%) SUBTOTAL CONSTRUCTION COST $ 2,869,660.86 PLUS TOTAL DIF $ 1.326.816.00 CONSTRUCTION COST $ 4,196,476.86 7 c; ~ ;J. g" CONSTRUCTION COST: INCIDENTAL EXPENSES 1. Project Management 2. Assessment Engineering 3. Design Engineering 4. Utility Consultant 5. Bond Counsel 6. Financial Consultant 7. Landscape Architect 8. Soils Engineering 9. Construction Surveying/Staking 10. Public Agency Project Management 11. Development Bond Premium 12. Permit Fees Otay Water SDG&E S D County City of C V 13. Printing, Advertising, Posting 14. Utility Fee Less Utility Refund 15. Printing of Bid Documents 16. Bond Printing, Servicing & Registration Subtotal Incidentals DEVELOPER CONTRIBUTION BOND COSTS Capitalized Interest ( Six Mos. @ 8%) $ Bond Discount (3%) $ Reserve Funds (10%) $ Subtotal Bond Costs $ Preliminarv $ 4,196,476.86 16,000.00 56,650.00 65,000.00 11,335.00 35,390.42 63,000.00 29,641.00 44,111.00 63,886.00 45,700.00 653.00 23,700.00 20,000.00 1,319.00 135,000.00 144,790.00 < 116,349.00> 14,618.00 10.000.00 $ 665,448.42 (388,024.21 ) 215,609.68 161,707.26 539.024.21 916,341.15 TOTAL INCIDENTAL EXPENSES/BOND COSTS $ 1,193,765.36 BALANCE TO ASSESSMENT 8 $ 5,390,424.22 '1-;;'9 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CI1Y OF CHULA VISTA MUNICIPAL IMPROVEMENT ACT OF 1913, DIVISION 12 OF THE STREETS AND HIGHWAYS CODES OF THE STATE OF CALIFORNIA PART 111 - ASSESSMENT ROLL WHEREAS, on , the City Council did, pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, adopt Resolution of Intention No. for the acquisition of certain public improvements, together with appurtenances and appurtenant work in connection therewith in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 90-1 (Hereinafter referred to as the "Assessment District"); and, WHEREAS, said Resolution of Intention, as required by law, did direct the appointed Superintendent of Streets to make and file a report consisting of the following: 1) Plans and Specifications; 2) Cost of Improvements; 3) A proposed assessment of the costs and expenses of the works of improvement levied upon the parcels and lots of land within the boundaries of the assessment district; 4) Assessment Diagram showing the assessment district and the subdivisions of land contained herein; 5) A description of the public improvements to be acquired; 6) Assessment Engineer's Certificate verifying improvements. For particulars, reference is made to the Resolution of Intention as adopted by the City Council. 9 9-]tl NOW THEREFORE, I, John P. Lippitt, as appointed Superintendent of Streets, and pursuant to the "Municipal Improvement Act of 1913", do herein submit the following: 1) I, pursuant to the provisions of law and the Resolution of Intention, have assessed the costs and expenses of the works of improvement to be performed in the Assessment District upon the parcels of land in the Assessment District benefitted thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars of the identification of said parcels, reference is made to the Assessment Diagram. 2) As required by law, a Diagram is herein included, showing the Assessment District boundary, as well as the boundaries of the benefitting parcels within the district as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram and in said Assessment Roll. 3) The subdivisions and parcels of land and the numbers therein as shown on the respective Assessments Diagram as included herein correspond with the numbers as appearing on the Assessment Roll as contained herein. 4) NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915"), to represent all unpaid assessments and the last installment of said bonds shall mature a maximum of TWENTY-FIVE (25) YEARS from the day of next succeeding twelve (12) months from their date. Said bonds shall bear interest at a rate not to exceed the current legal maximum of 12% per annum. 5) By virtue of the authority contained in said "Municipal Improvement Act of 1913", and by further direction and order of the City Council, I hereby make the following assessment to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: Preliminarv Confirmed Acquisition Construction Costs Incidental Costs & Expenses $ 4,196,476.86 $ 1.193.765.36 Balance to Assessment $ 5,390,424.22 For particulars as to the individual assessments and their descriptions, 10 7'J} For particulars as to the individual assessments and their descriptions, reference is made to the Assessment Roll attached hereto. 6) In addition to or as a part of the assessment lien levied against each parcel of land within the Assessment District, each parcel of land shall also be subject to an annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any bonds and/or reserve or other related funds. The maximum amount of such annual assessment upon each parcel of land shall not exceed 5% of the amount of the annual assessment installment. 7) All costs and expenses of the works of improvement have been assessed to all parcels of land within the Assessment District in a manner which is more clearly defined in the "Method and Formula of Assessment Spread", which is a part of this Assessment Roll. This preliminary report dated: , 1991 By: John P. Uppitt Superintendent of Streets City of Chula Vista State of California This final report dated: , 1991 By: John P. Uppitt Superintendent of Streets City of Chula Vista State of California 11 9~ 3.2. I, Beverly A. Authelet, as City Clerk, do hereby certify that the foregoing assessment, together with the diagram attached thereto, was filed in my office on the day of , 1991. City Clerk City of Chula Vista State of California I, Beverly A. Authelet, as City Clerk, do hereby certify that the foregoing assessment, together with the diagram attached thereto, was approved and confirmed by the City Council of the City of Chula Vista on the day of , 1991. City Clerk City of Chula Vista State of California I, John P. Uppitt, as Superintendent of Streets of said City, do hereby certify that the foregoing assessments, together with the diagram attached thereto, was recorded in my office on the day of , 1991. Superintendent of Streets City of Chula Vista State of California 12 9-J) 16-Sep-91 ASSESSMENT ROLL ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) ASMT LEGAL PRELIMINARY CONFIRMED NOS. APN DESCRIPTION OWNER ASMT. ASMT. ==================================================================================================================== 1 I I LOT I. MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 2 I ILOT 2, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE BALDWIN CD. I 14,267.85 I 3 I ILOT 3, MAP 12827 91-292094 I FN PROJECTS, INC C\D THE 8ALDWIN CD. I 14,267 85 I 4 I ILOT 4, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 5 I ILOT 5, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE BALDWIN CD. I 14,267.85 I 6 I I LOT 6, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE 8ALDWIN CO. I 14,267.85 I 7 I I LOT 7, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE 8ALDWIN CO. I 14,267.85 I 8 I ILOT 8, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 9 I ILOT 9, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 10 I ILOT 10, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE 8ALDWIN CO. I 14,267.85 I 11 I ILOT 11, MAP 12827 91-292094 I FN PROJ ECTS , INC C\O THE 8ALDWIN CO. I 14,267.85 I 12 I ILOT 12, MAP 12827 91-292094 I FN PROJECTS, INC C\D THE BALDWIN CO. I 14,267.85 I 13 I ILOT 13, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE 8ALDWIN CO. I 14,267.85 I 14 I ILOT 14, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE 8ALOWIN CO. I 14,267.85 I 15 I ILOT 15, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE 8ALOWIN CD. I 14,267.85 I 16 I I LOT 16, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 17 I ILOT 17, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 18 I ILOT 18, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 19 I ILOT 19, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 20 I ILOT 20, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 21 I I LOT 21. MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 22 I ILOT 22, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE 8ALDWIN CO. I 14,267.85 I 23 I ILOT 23, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 24 I ILOT 24, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.8S I 25 I ILOT 25, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 26 I ILOT 26, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALOWIN CO. I 14,267 85 I 27 I ILOT 27, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 28 I ILOT 28, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 29 I ILOT 29, MAP 12B27 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 30 I ILOT 30, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CD. I 14,267 85 I 31 I ILOT 31, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 32 I ILOT 32, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 33 I ILOT 33, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 34 I ILOT 34, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 35 I ILOT 35, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 36 I ILOT 36, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 37 I ILOT 37, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 38 I ILOT 38, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE 8ALDWIN CO. I 14,267.85 I 39 I ILOT 39, MAP 12827 91-292094 I FN PROJECTS. INC C\O THE BALDWIN CO. I 14,267.8S I 40 I ILDT 40, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. I 14,267.85 I 41 I ILOT 41, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. I 14,267 8S I '1- J r./ 16-Sep-gl 2 ASSESSMENT ROll ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) ASMT lEGAL PRELIMINARY CONFIRMED NOS. APN DESCRI PTJON OWN ER ASMT. ASMT. ==================================================================================================================== 42 IlOT 42, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 43 IlOT 43, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 44 flOT 44, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 45 IlOT 45, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 46 IlOT 46, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE BALDWIN CD. 14,267.85 47 IlDT 47, MAP 12827 91-292094 [FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 48 IlOT 48, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 49 IlOT 49, MAP 12827 91-292094 IFN PROJECT5, [NC C\O THE BALDWIN CO 14,267 85 50 [lOT 50, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 51 IlOT 51, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BAlOWIN CO. 14,267.85 52 IlOT 52, MAP 12827 91-292094 IFN PROJECTS, [NC C\O THE BALDWIN CO. 14,267.85 53 IlOT 53, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE 8AlDWIN CO. 14,267 85 54 IlOT 54, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE 8AlDWIN CO. 14,267.85 55 IlOT 55, MAP 12827 91-292094 IFN PROJECTS, [NC C\O THE BALDWIN CO. 14,267.85 56 IlOT 56, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE 8AlDWIN CO. 14,267.85 57 IlOT 57, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE 8AlDWIN CO. 14,267.85 58 IlOT 58, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BAlOWIN CO. 14,267.85 59 IlOT 59, MAP 12827 91-292094 I FN PROJECTS, [NC C\O THE BAlOWIN CO. 14,267.85 60 IlOT 60, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE 8AlDWIN CO. 14,267.85 61 IlOT 61, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BAlOWIN CO. 14,267.85 62 IlOT 62, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 63 flOT 63, MAP 12827 91-292094 IFN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 64 ILOT 64, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 65 ILOT 65, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 66 IlOT 66, MAP 12827 91-292094 IFN PROJECTS, [NC C\O THE BALDWIN CO. 14,267.85 67 IlOT 67, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 68 ILOT 68, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 69 ILOT 69, MAP 12827 91-292094 I FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 70 IlOT 70, MAP 12827 91-292094 I FN PROJECTS, [NC C\O THE BALDWIN CO. 14,267.85 71 I LOT I, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 72 IlOT 2, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE BALDWIN CD. 14,267.85 73 IlOT 3, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE BALDWIN CO. 14,267 85 74 [lOT 4, MAP 12828 91-292095 [FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 75 ILOT 5, MAP 12B28 91-292095 IFN PROJECTS, INC C\O THE BALDWIN CO. 14,267.B5 76 IlOT 6, MAP 12828 91-292095 IFN PROJECTS, [NC C\O THE BALDWIN CO. 14,267.85 77 IlOT 7, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 78 f LOT B, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 79 ILOT 9, MAP 12828 91-292095 IFN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 80 ILOT 10, MAP 12828 91-292095 IFN PROJECTS, [NC C\O THE BALDWIN CO. 14,267.85 81 flOT II, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 9--;5 16-Sep-91 3 ASSESSMENT ROLL ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) ASMT LEGAL PRELIMINARY CONFIRMED NOS. APN OESCRIPTION OWNER ASMT. ASMT. ==================================================================================================================== 82 ILOT 12. MAP 12828 91-292D9S I FN PROJECTS. INC C\O THE 8ALOWIN CO. 14.267.8S 83 ILOT 13. MAP 12828 91-29209S I FN PROJECTS, INC C\O THE 8ALOWIN CO. 14.267.85 84 ILOT 14. MAP 12828 91-292095 IFN PROJECTS, INC C\O THE 8ALOWIN CO. 14,267.85 85 ILOT 15. MAP 12828 91-292095 I FN PROJECTS. INC C\O THE 8ALOWIN CO. 14.267.85 86 ILOT 16. MAP 12828 91-292095 IFN PROJECTS, INC C\O THE 8ALOWIN CO. 14.267.85 87 ILOT 17, MAP 12828 91-292095 IFN PROJECTS, INC C\O THE 8ALOWIN CO. 14,267.85 88 ILOT 18. MAP 12828 91-292095 IFN PROJECTS. INC C\O THE 8ALOWIN CO. 14.267.85 89 ILOT 19. MAP 12828 91-292095 I FN PROJECTS. INC C\O THE 8ALOWIN CO. 14.267.85 90 ILOT 20, MAP 12828 91-292095 I FN PROJECTS. INC C\O THE 8ALOWIN CO. 14,267.85 91 I LOT 21. MAP 12828 91-292095 I FN PROJECTS. INC C\O THE 8ALOWIN CO. 14.267.85 92 ILOT 22, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE 8ALOWIN CO. 14.267.85 93 ILOT 23. MAP 12828 91-292095 I FN PROJECTS. INC C\O THE BALOWIN CO. 14.267.85 94 ILOT 24. MAP 12828 91-292095 I FN PROJECTS. INC C\O THE BALOWIN CO. 14.267.85 95 ILOT 25, MAP 12828 91-292095 IFN PROJECTS, INC C\O THE BALOWIN CO. 14.267.85 96 ILOT 26. MAP 12828 91-292095 IFN PROJECTS. INC C\O THE BALOWIN CO. 14.267.85 97 ILOT 27. MAP 12828 91-292095 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 98 ILOT 28. MAP 12828 91-292095 IFN PROJECTS, INC C\O THE BALOWIN CO. 14,267.85 99 ILOT 29. MAP 12828 91-292095 I FN PROJECTS. INC C\O THE BALOWIN CO. 14.267.85 100 I LOT 3D. MAP 12828 91-292095 I FN PROJECTS, INC C\O THE 8ALDWIN CO. 14.267.85 101 ILOT 31, MAP 12828 91-292095 IFN PROJECTS, INC C\O THE BALOWIN CO. 14,267.85 102 ILOT 32. MAP 12828 91-292095 I FN PROJECTS. INC C\O THE BALOWIN CO. 14.267.85 103 ILOT 33. MAP 12828 91-292095 I FN PROJECTS. INC C\O THE 8ALDWIN CO. 14.267.85 104 ILOT 34. MAP 12828 91-292095 IFN PROJECTS, INC C\O THE BALOWIN CO. 14.267.85 105 ILOT 35. MAP 12828 91-292095 I FN PROJECTS. INC C\O THE BALOWIN CO. 14.267.85 106 ILOT 36, MAP 12828 91-292095 I FN PROJECTS, INC C\O THE BALDWIN CO. 14.267.B5 107 I LOT 37. MAP 12828 91-292095 IFN PROJECTS, INC C\O THE BALDWIN CO. 14.267.85 108 ILOT 38. MAP 12828 91-292095 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 109 I LOT 1. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.8S 110 ILOT 2, MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 111 ILOT 3. MAP 12829 91-292096 I FN PROJECTS, INC C\O THE BALDWIN CO. 14.267.85 112 [LOT 4. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 113 ILOT 5. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE 8ALDWIN CO. 14,267.85 114 ILOT 6. MAP 12829 91-292096 IFN PROJECTS, INC C\O THE BALDWIN CO. 14.267.85 115 ILOT 7, MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 116 ILOT 8. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE 8ALDWIN CO. 14.267 85 117 ILOT 9. MAP 12829 91-292096 IFN PROJECTS, INC C\O THE 8ALDWIN CO. 14.267.85 118 ILOT 10. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CO. 14,267.85 119 I LOT 11, MAP 12829 91-292096 IFN PROJECTS, INC C\O THE 8ALDWIN CO. 14.267.85 120 ILOT 12. MAP 12829 91-292096 IFN PROJECTS, INC C\O THE 8ALDWIN CO. 14.267.85 121 ILOT 13, MAP 12829 91-292096 I FN PROJECTS. INC C\O THE 8ALDWIN CO. 14,267.85 c;~ j ~ 16-Sep-91 4 ASSESSMENT ROLL ACQUISITION ASSESSMENT OISTRICT NO. 90-1 (SAL T CREEK I) ASMT LEGAL PRELIMINARY CONFIRMED NOS. APN DESCRIPTION OWNER ASMT. ASMT. ==================================================================================================================== 122 ILOT 14. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 123 ILDT 15. MAP 12829 91-292096 IFN PROJECTS. INC C\D THE BALDWIN CD. 14.267.85 124 fLOT 16. MAP 12B29 91-292096 I FN PROJECTS. INC C\D THE BALDWIN CD. 14.267.85 125 ILDT 17. MAP 12829 91-292096 I FN PROJECTS. INC C\D THE BALDWIN CO. 14.267.85 126 ILDT lB. MAP 12829 91-292095 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 127 ILOT 19. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 128 ILOT 20. MAP 12829 91-292096 IFN PROJECTS. INC C\O THE BALOWIN CO. 14.267.85 129 I LOT 21. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 130 ILOT 22. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CD. 14.267.85 131 ILOT 23. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 132 ILOT 24. MAP 12B29 91-292096 I FN PROJECTS. INC C\O THE BALOWIN CO. 14.267.85 133 ILOT 25. MAP 12829 91-292095 I FN PROJECTS. INC C\D THE BALDWIN CO. 14.267.85 134 ILOT 26. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 135 ILOT 27. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 136 ILOT 28. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.257.85 137 ILOT 29. MAP 12829 91-292095 I FN PROJECTS. INC C\O THE BALDWIN CD. 14.267.85 138 ILDT 30. MAP 12829 91-292096 IFN PROJECTS. INC C\O THE BALOWIN CO. 14.267.85 139 I LOT 31. MAP 12829 91-292096 I FN PROJECTS. INC C\D THE BALDWIN CD. 14.267.85 140 ILDT 32. MAP 12B29 91-292095 I FN PROJECTS. INC CID THE BALDWIN CO. 14.267.85 141 ILDT 33. MAP 12829 91-292095 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 142 ILOT 34. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CD. 14.267.85 143 ILOT 35. MAP 12829 91-292096 I FN PROJECTS. INC C\D THE BALDWIN CO. 14.267.85 144 ILDT 36. MAP 12829 91-292096 I FN PROJECTS. INC CID THE BALDWIN CO. 14.267.85 145 I LOT 37. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267 85 146 ILOT 38, MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CD. 14.267.85 147 ILOT 39, MAP 12829 91-292096 I FN PROJECTS. INC CIO THE BALDWIN CO. 14.267.85 148 ILDT 40. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 149 I LOT 41. MAP 12829 91-292095 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 150 ILOT 42, MAP 12829 91-292096 IFN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 151 ILDT 43. MAP 12829 91-292096 IFN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 152 ILDT 44. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CD. 14.267.85 153 ILOT 45. MAP 12829 91-292095 I FN PROJECTS. INC C\O THE BALDWIN CD. 14.267.85 154 ILDT 46, MAP 12829 91-292096 IFN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 155 ILOT 47. MAP 12829 91-292096 IFN PROJECTS. INC C\D THE BALDWIN CO. 14,267.85 156 ILOT 48. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CD. 14.267.85 157 ILDT 49. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 158 ILDT 50. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 159 I LOT 51. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CD. 14.267.85 160 fLDT 52. MAP 12829 91-292096 I FN PROJECTS. INC C\D THE BALDWIN CD. 14.267.85 161 ILOT 53. MAP 12829 91-292096 I FN PROJECTS. INC C\O THE BALDWIN CD. 14.267.85 162 ILOT 54. MAP 12829 91-292095 I FN PROJECTS. INC C\O THE BALDWIN CO. 14.267.85 9~'J7 16-Sep-91 5 ASSESSMENT ROLL ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK J) ASMT LEGAL PREliMINARY CONFIRMED NOS. APN DESCRIPTION OWNER ASMT. ASMT. ==================================================================================================================== 163 ILOT 55, MAP 12829 91-292096 I FN PROJECTS, INC C\O THE 8ALOWIN CO. 14,267.85 164 ILOT 56, MAP 12829 91-292096 IFN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 165 ILOT 57, MAP 12829 91-292096 IFN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 166 ILOT 58, MAP 12829 91-292096 I FN PROJECTS, INC C\O THE BALDWIN CO. 14,267.85 167 I EXEMPT I FN PROJECTS, INC C\O THE BALDWIN CO. 0.00 168 I EXEMPT IFN PROJECTS, INC C\O THE BALDWIN CO. 0.00 169 I EXEMPT IFN PROJECTS, INC C\O THE BALDWIN CO. 0.00 170 I EXEMPT I FN PROJECTS, INC C\O THE BALDWIN CO. 0.00 171 I EXEMPT I FN PROJECTS, INC C\O THE BALDWIN CO. 0.00 172 I EXEMPT I FN PROJECTS, INC C\O THE BALDWIN CO. 0.00 173 I EXEMPT IFN PROJECTS, INC C\O THE BALDWIN CO. 0.00 174 I EXEMPT IFN PROJECTS. INC C\O THE BALDWIN CO. 0.00 175 I EXEMPT I FN PROJECTS, INC C\O THE BALDWIN CO. 0.00 173 I EXEMPT I FN PROJECTS. INC C\O THE BALDWIN CO. 0.00 174 I EXEMPT IFN PROJECTS, INC C\O THE BALDWIN CO. 0.00 175A ILOT 1. PM 16033 IFN PROJECTS, INC C\O THE BALDWIN CO. 10,369.52 IT = 215 I FN PROJECTS, INC C\D THE BALDWIN CO. 2,229,446.80 175B ILOT 1. PM 16033 IFN PROJECTS. INC C\O THE BALDWIN CO. 4.949.90 Ic = 157 IFN PROJECTS. INC C\O THE BALDWIN CO. 777,134.30 176 I EXEMPT I FN PROJECTS. INC C\O THE BALDWIN CO. 0.00 177 I EXEMPT I FN PROJECTS. INC C\O THE BALDWIN CO. 0.00 TOTAL ASSESSMENT 5,390.424.22 9<>~ ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA METHOD AND FORMULA OF ASSESSMENT SPREAD The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the "Municipal Improvement Act of 1913", must be based on the benefit that the properties receive from the works of improvement. The statute does not specify the method or formula that should be used in any special assessment district proceedings. This responsibility rests with the Assessment Engineer, who is retained for the purpose of making an analysis of the facts in determining the correct apportionment of the assessment obligation. Upon completion of this apportionment of obligation, the Assessment Engineer makes his recommendation at the public hearing on the Assessment District, and the final authority and action rests with the City Council after hearing all testimony and evidence presented at the public hearing. At the conclusion of the public hearing, the City Council must take the final action in determining whether or not the assessment spread has been made in direct proportion to the benefits received. It is first necessary to identify the benefit that the public improvements will render to the properties within the boundaries of the assessment district. The overall benefit derived by the properties within the proposed boundary of the assessment district is the construction of the public improvements, which will enable the properties to develop. The public improvements have been previously itemized within Part II, Estimate of Costs and relate to the following: 1. East "H" Street from Eastlake Drive to Mt. Miguel Road. 2. State Route 125 bisecting the Salt Creek I Project Area. 3. Mt. Miguel Road from its terminus approximately 1500' south of East "H" Street, north to Proctor Valley Road. 4. Proctor Valley Road from Mt. Miguel westerly and northerly out of Salt Creek I into the County of San Diego. 5. Main Infrastructure Water, Sewer, Reclaimed Water and Storm Drain traversing and serving single family residential, town homes and condominium areas within the boundary of the District. (Reference Exhibits A, S, C & D for infrastructure locations in the Appendix.) 13 q~J9 TABLE 1 AVERAGE DAILY TRAFFIC GENERATION RATES AND EQUIVALENT DWELLING UNIT FACTORS ADT jDay Land Use Density Per DU oer AC EDU Single Family Detached 0-2 10 2-4 10 4-6 10 6-8 10 8-10 10 11-19 8 20 or greater 6 1.0 1.0 1.0 1.0 1.0 Single Family Attached 0.8 Single Family Attached, Condo 0.6 Soread Method%av Project No.3: State Route 125 (SR 125) Project No.8: Storm Drain System It is proposed that SR 125 and the Storm Drain System (Exhibit "D") be financed by the assessment district against parcels which receive the special benefit from the street related improvements. The amount of the assessment against each parcel is directly related to the average daily traffic generation or the usage of the streets indicated on Table NO.1. Justification of the need for these improvements is contained in the development project's Environmental Impact Report, tract map conditions, the Transportation Phasing Plan for the eastern territories and Eastern Area Development Impact Fee (DIF). State Route 125 is a major transportation facility required for construction to provide a circulation system which will accept the cumulative number of trips generated by new development in the eastern area of the City of Chula Vista. Through the construction of East "H" Street (DIF) and State Route 125, another link in the overall major street network is completed, thereby providing additional capacity in the overall circulation network. The Storm Drain System for these major transportation facilities has been allocated from a storm drain system designed to mitigate the storm water generated from the Salt Creek Ranch. The Storm Drain System specifically serving East "H" Street has been allocated by Wilson Engineering in their Salt Creek I report entitled Cost Sharing Ana/ysis, August 1991. The Wilson report itemizes the entire area to be served by the proposed 15 q~t/IJ The assessment method and formula is based on the ultimate land use confirmed by approved Salt Creek I Tentative Tract Map, Tract Map No. 89-9, and recorded maps for Unit 1, (Map 12827, 91-292094), Unit 2 (Map 12828, 91-292095) and Unit 3 (Map 12829, 91-292096). The properties within the assessment district boundary are currently under development. Because of the interrelationship ofthe various public improvements needed for development, the assessment district funding and construction mechanism is an efficient way to fund and construct the improvements. Soread Methodoloav Project No.1: Project Grading Project No.2: East "H" Street East "H" Street and State Route 125, together with these other major streets are included within the City's Development Impact Fee program, a program for financing the major streets in the eastern area. The total eligible DIF was quantified to be $1,326,816.00 (Page 6). Project No.1 grading and Project No.2 for East "H" Street is eligible within the DIF (refer to Estimate of Costs, Project No.2). The DIF cost and the District allocation costs attributed to Proctor Valley Road and Mt. Miguel Road, since their inherent benefit to the future parcels is essentially to that of providing transportation facilities. The benefit to the properties within this program is that through each property's participation, it attains its share of capacity in the eastern area circulation street system. Since these facilities are a part of this program, we are applying the same methodology for benefit that was used in the formulation of the Development Impact Fee program. Therefore, the assessment levy against each parcel equals the amount of the Development Impact Fee. The above will be spread upon the average daily traffic generation rates and equivalent dwelling unit factors as established by the DIF Transportation Program within Table 1, as follows: 14 9A// system and its percentage allocation to those benefitting properties within the Salt Creek I Project Area which is coterminous with the boundary of the District. The Estimate of Costs, contained hereinbefore, reconciles the Development Impact Fees for eligible DIF infrastructure. Other items of construction and incidentals which were not eligible for OIF credits were made a part of this assessment district. Those costs are to be spread to the properties benefitted using the ADT factors as noted in Table 1. The addition of applicable incidentals and financing costs were added to the OIF for a total spread amount to the properties participating in the DIF. Soread Methodoloav Project No.4: Water System The Water System is comprised of two pressure zone areas --710 and 980, as defined by Wilson Engineering in their Salt Creek I report entitled Cost Sharing Analysis, August 1991. The Wilson report itemizes the entire area to be served by the proposed water system and its percentage allocation to those benefitting properties within the Salt Creek I Project Area which is coterminous with the boundary of the District. Therefore, the construction cost for the water system has been assigned to these benefitting areas by their allocation percentage (Wilson Report, page two, within Appendix). Only those costs assigned to the District are to be spread to the benefitted parcels. Historical water demand factors for the land uses within the District have previously been translated to Equivalent Dwelling Units the NBS-Lowry Water Subarea Master Plan, February 23, 1990. The following shall serve to assign the assessment for the Water System: Land Use Tvpe Assianment Single Family Residential, Detached 1.0 per Dwelling Unit Townhouse, Residential 0.8 per Dwelling Unit Condominium, Residential 0.7 per Dwelling Unit 16 9~ tf;2 Soread Methodoloav Project No.5: Reclaimed Water The Reclaimed Water System to be included in the District consists of only the 16- inch reclaimed transmission main. The total system consists of both 8-inch and 16-inch transmission mains. These facilities are located within East "H" Street, Proctor Valley Road and Mt. Miguel Road. As with the Water System, the costs of this project have been allocated between the District and other benefitting areas. Per page four of the Wilson Report --as previously cited-- the cost sharing for the Reclaimed Water Facilities are defined as applicable to the District. The utility of this system is of benefit to the entire District area for its erosion, irrigation and landscape maintenance. Since the Reclaimed Water System will serve vital erosion control and appurtenant slope maintenance, in combination with the landscaping amenities, the spread allocation will be the same methodology used for the roadway projects. This benefit assignment will be based upon trip generation assignment by land use as defined in Table 1. Project No.6: Sewer System Project No.7: Offsite Sewer - Proctor Valley Road The number of units benefitting from the Salt Creek Ranch were estimated based upon the latest SPA Plan and confirmed by recorded maps within the Salt Creek I area. As with the Water System and the Reciaimed Water System, the Sewer System proposed, including the variable diameter Offsite Sewer proceeding from the District Boundary northerly within Proctor Valley Road into the County of San Diego, has been allocated as it serves and benefits the District. Only those costs allocated to the District shall be spread to the benefitting parcels. Historical wastewater generation factors for the land uses within the District have previously been translated to Equivalent Dwelling Units in the NBS-Lowry Wastewater Subarea Master Plan, May, 1990. The following shall serve to assign the assessment for the Sewer System: Land Use Tvpe EDU Assianment Single Family Residential, Detached 1.0 per Dwelling Unit Townhouse, Residential Condominium, Residential 0.8 per Dwelling Unit 0.6 per Dwelling Unit The cost of incidentals has been spread proportionately over the various improvements in the direct proportion that the improvement bears to the total cost of improvements for both the DIF eligible and non-DIF eligible improvements. 17 7-o/} In conclusion, it is my opinion that the assessments for Assessment District No. 90-1 are spread in direct accordance with the benefits that the land within the district boundary receives from the works of improvements. Dated: S..p.\.. \'2, \'1') \ Muni Financial Services, Inc. JJJ(.1~ David Keltner, P.E. Director, Special District Services 18 1-'1,/ ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA PART IV - ASSESSMENT DIAGRAM BOUNDARY MAPS AND ASSESSMENT DIAGRAMS are on file in the offices of the City Clerk and the Superintendent of Streets. Reduced copies of these maps are contained hereinafter. 19 " CJ ~ t/.> PROPOSED BOUNDARIES ASSESSMENT DISTRICT No. 90-1 ( SALT CREEK I ) / / / / / ) / / ~ /1 / ~I I I I I I I I I I It; I 14f I I~I I.' I I /~I 1;;-1 1<<,'" I I I / I I / " / / ~~ I ".!'~ ) <4.f; ( , ~ "- / ~ !!!IV;- '- \ \ '\ '\ CITY "'- '-. "'-... COUNTY OF "- ----.. ......... ------------ ,""OCTOII VA,lI.r:y 10...0 FOR THE OF CHULA VISTA SAN DIEGO, STATE OF CALIFORNIA COUIII"OI"AllDIEGO ---- I I I ------~ f,. f . J . . '10 " " . @! II Afi4\".. 1 ~ I::.' I.. "\!!! II SO 4t 41 . @> ,. nI lit ns 1ft 11' 110 101 all II II "' -, I I I I I I \ \ \ \ I \ - I , \ - \ \ : . I . I ! : I I I \ \ I I I I I I Q < 0 0:; ~ W => c:> 51 ,..: ::!! . ~ . . ~ " ~ @> GRAPHIC 200 ~ .. - 1__ SCALE 2?O <0' I (IN frllT I , 1tGH. zoo n .... -0' ,'I.': ~' o' VICINITY MAP .'F.'orw fIIO,CA,LI ) !II 111'01'01" W UU.'--'"' LECAlDE'CRIPT,ON P"RC[LI.'.1\I.1I~1 ....,U'OR'...RCflIlUr.laUSU.03_, LEGEND . "fRO' Clnll'Y THAT THI....... lHOW_'RO'OSUI.OUND.....II!.Of' ...IUSSYENT DlURIeT NO. 1I~1 ( ....LT ClllEElC: J I . WAI "PNOnD IY THE CITY coulle.. OF THE CITY OF C!lUu. VI"A .I,T .to II[~UL.AJII IIEfiT_ HUD TH"_D-'YOF ,,~ ,V IIUOLUTJOIIHO. ---- DIIITIIICT~HD.A"" "uea. aQUlGfJIY crnclSlK. CITY OF CHULA. Y~TA @ A..II...T__ fllUlItI 'HI! OFFICE Of! TH!ClTY CUll I( 0' TlII!crrY OF CHI.IJ. YIaTA T_ DA...OIII 10 Clncu:u:, CIf'(OI'ctIIA."...ISTA MF8 Fl.fDTHIS IN 1000: ""~ ...r'AGI; ..~ OF....."OFAIIUS..EHT DlSTRICT'5INfJII;OF'!CEOFTHECOUNTYRECOJIDEROFTtECOUNf'(OF ''''N OIfGO, n"'Tf OF CAlIFORNI.... 42217 RIo Hado suna 4203 Tamacula . Call'ornla 92590 (7141699.3990 "'HNHTfJ.fVANI COUNTYRfCOR~ COUNTY OF SAN 01(00 " 9,,-/,, _._--~~ UNIT 'UIIIT.3OFI ASSESSMENT rnAGRAM ACQUISITION ASSESSMENT DISTRICT No. 90-1 ( SALT CREEK I ) \ FOR THE " CITY OF CHULA VISTA "" "- ~UNTY OF SAN DIEGO. STATE OF CALIFORNIA ......... ------------ I'IIOCTOIIV"lLUIIOAD ........, I~ ----_ SHEET 1 OF 5 ------ .. N A . . , e / ./ / / / \ \ \ \ \ I I \ \ \ \ \ - \ \ ~ \ \ , \ \ \ \ \ I. \ I. \ \ ! \ \ \ \ \ \ \ \ \ \ \ \ I \ I \ .... w ::> '" :; "' '" , i 1 GRAPHIC SCALE 200 0 200 /o~....--...:...... '00 I '.RlI1' 1 1 INQII. IGOI'T . k , , @; ..w ,<' ~~ 0'''' VICINITY MAP In'..OI"W ltOac.o.L.I! Ih.I~."_""'1I 'AIICa1,.'__, A'I!alaoo ",UICI!!.. _ n__ ) hU. LEGEND ....A"'U...lltW....I.(V1h"THlC~OfTMITHICf1"/' 01' C'-A ...,.... 'TU! 01' CAUI'OII_ OM ,~ 01' 1....... __ OM t_ ....an.JIIDIT CU,_AII II"". ...~ A"~ .....U...DONntI!_D.IITOF_-'-...1D ........IOBI' __........ TN( ....H._IIT fIOU. __ uc_ "TIII!OfI"ICe:""'I'HI!"IIa'T'~OI'TMI!cmOl' C'HUL.......'...ONT..._DAVOI'_...1.IIEHIIEIICI! ...1oa!Tonc...e:....N'.OU'.COfIDIIO..nllOI'I'ICeOl' r.-n~.~..OJIY*....CT_OI'....CIl ...'M.-.r I.f'tD A"'_t IAM'AIIGa 01' ~ __ 011 nn......_T.......... - _ _ _ _nttcn_, U.IIClEll_, @ @ "'_'~N_ erry Cl.&AK.ClTTWO C.......... ....u. 1_'P""CEl.I _II 'I'HI!__ 01'1'l1li cm CUllltOP '1M Cln 01' CHUU....'...nn_TOI'__1. CITY CUIl(.CITT.... CIIUUr. .....,... . . .. . . MFS ~IITMI!~IOI'_'flIIIIT'~'OI' TMClTY 01' CHuUI".'A Y__DAY 01'_"", MUNI FINANCIAL SERVICES. Ine. 42217 Alo Nedo S.cond Floor Tem,cul. ,C.Utornl. 112SIIO (714161111-31180 'nN!IT'~_'" CITYOFC_.'I1IT... '. ....m'__"""yOl'_"......,_vca._ II IOOC-"..OI_OI'........ 01' "'11'_ a"llCn. IlliCOllDE...OOC'-IIT...._IllTII501'FlClOI'TIS C~IIeCOfI_OI'_C~YIH'........OIO..T...tr: Of'C"~NI'" COUIITYJII!COIIO!IIOI'.....DllQOCOUIITY ~(D1IC 1-'17 ASSESSMENT rnAGRAM ACQUISITION ASSESSMENT DISTRICT No. 90-1 ( SALT CREEK I ) FOR THE CITY OF CHULA VISTA COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SHEET 2 OF 5 I i \llj rv1010! r~! 0! ~J! 0! 010! @' @I !, 1IiIOuJrr-IIIOQI!IIOAO ! ~ ~ ! ! i @ S @\ @" @ I . -- 1 EJ! @! e! el e! @! @I @I . @ . @ i -- I @ @!@!@!@!@!@!e!@!@!@!@1 I --- i @ --- GRAPHIC SCALE '" 0 '" '00 ' I , ~....; I IINFU'I 11,",".I00H . * . j I . .;L~ e! @! el @! @! * 8 . i I "'-'"_......"0"" i ,; '1 '. ~ @ "i ..~ -1"'"401" VICINITY MAP ~o ICI'LI" LEGEND ____ _'f1IIC"_" MFS ._.........-.oJIT MUMI FINANCIAL SERVICES, Inc. @ AlH.._"'....O ~ n_,'AllCIL. .Z217 Rio Nedo Slcond Floor Tft..,ecul. . C.lltornl. 02,590 17141699_3990 ____ ......or. .....o&. ".. U6 ~D'iI(; Cj~tf~ ASSESSMENT rnAGRAM ACQUISITION ASSESSMENT DISTRICT No. 90-1 ( SALT CREEK I ) FOR THE CITY OF CHULA VISTA COUNTY OF SAN DIEGO. STATE OF CALIFORNIA SHEET 3 OF 5 @ @ @ @ @ @ -- - --- - ---- @ - @ .- '" @ :5 - .. - @) @ @ @ -- RIVER CREEK COURT @ @ @ --- SEA BREEZE COURT @ @ - - >- ..: ~ @ Q - - ;Z S IU @ CD '" - IU - ,. @ @ ~ - - @ - @) - @ .. i iU VICINITY MAP IIO'CAU! LEGEND MFS ~Mca .-...n GRAPHIC SCAlf 7~ 0 7~ ~.........._...... "" I ____ DlllTIIIt;T_' @ ......._IfT__U lINnET' I IN(:II. un MUN' FINANCIAL SERVICES, Inc. ~ u_,,_. 42211 Rio Nedo Second Floor Temecl{l. . Cell,..,,,r. 82S90 17141 fl911-311110 ___ .......011'.,_ ilL 6-WDII'G '1-'11 ASSESSMENT rnAGRAM ACQUISITION ASSESSMENT DISTRICT No. 90-1 ( SALT CREEK I ) FOR THE CITY OF CHULA VISTA COUNTY OF SAN DIEGO, 51 A TE OF CALIFORNIA SHEET 4 OF 5 SEE SHEET 2 OF 5 @ @I @i ------ @) -- @) @ ---- @) S ---- ROLLING RIDGE ROAD @I .- @ -- ~ @J @i -- -- ~ 0 ~ e @) ~ iti -- -- r @) ~ w @i e w > -- w ~ -- ~ -- > @) @) @J Q Z -- ji > .- "~ ~ @) ~ @J @) w .- N w -- w @ ~ @I m z .~ ~ -- w e 0 Q @ -- -- @> @ -- -- 8 -- @ it ~ N 3: ~ ,. ~ Q ~ i!i @i is -- -- @) @ -- @) @ -- @ -- -- @ -- Iii r w w w w '\ VICINITY MAP IIOICAU! LEGEND GRAPHIC SCALE 75 0 15 ~-.... ....... ,~ I ____ _TIllCTI_., l"I'1!II!T' 1~.1.n MFS ~MCI!L'_""Y @ ....Q...NT_U MUM' FINANCIAL SERVICES, Inc. 42217RloN.d" Second Floor Tem.cul. . C.lllornl, 112591) 17141899.39110 ~ n''''''.AllClll.I -- .......OII....""ca.... 6-!I{)1\I; 7 ~.f~ GRAPHIC SCALE 150 0 150 300 1-.......-<-..... I 'M'UTI I~._FT ASSESSMENT rnAGRAM ACQUISITION ASSESSMENT DISTRICT No. 90-1 ( SALT CREEK I ) FOR THE CITY OF CHULA VISTA COUNTY OF SAN DIEGO. STATE OF CALIFORNIA o~~"\ '0"\" @i VICINITY MAP NO .~"I,.C MFS MUNI FINANCIAL SERVICES, In~. .2217 RiO Nedo S.condFloO<' 1emecul. ,C.lllornl. 92590 17141699_3990 6-1;.D-.o LEGEND --- _1IIIGT__, 'Mca.._Aln @ ......~- ~ U_"AIIC&. ___ ......OW. 'Mea... &J-5I o < o co ....I W => " :i ,..: :!! SHEET 5 OF 5 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA PART V - DESCRIPTION OF WORK The general description of work to be acquired by this Assessment District consists of the following: 1. East "H" Street: (proposed right-of-way to vary from 104' to 152') from Eastlake Drive to Mt. Miguel Road; including, but not limited to, grading, street improvement, water, sewer, storm drain, telephone, electricity, gas, landscaping and related appurtenant structures. 2. STATE ROUTE 125: Project grading, excavation and slope stabilization within SAN DIEGO GAS & ELECTRIC (SDG&E) easement adjacent to an existing SDG&E Tower No. 10, grading and retaining wall construction. 3. Mt. Miguel Road (proposed 88' right-of-way): from Proctor Valley Road to approximately 1500' south of East "H" Street, 44' right-of-way to include grading, water, sewer, storm drain, telephone, electricity, gas, and related appurtenant structures. 4. Proctor Valley Road (San Diego County, varying 60' right-of-way) to include grading, water, telephone, electricity, gas, and related appurtenant structures. 5. Offsite Sewer: Within Proctor Valley Road: Facility varies in diameter from 10", 12", 15", approximately 9819' linear feet proceeding from the within the District (the City of Chula Vista) then exiting northwesterly within Proctor Valley Road into the County of San Diego. 6. Main Infrastructure Water, Sewer, Reclaimed Water and Storm Drain traversing and serving single family residential home, town homes and condominium areas within the boundary of the District. 20 #:},.5 *'- ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA PART VI - CERTIFICATE OF PURCHASE OF "AS-BUILT" IMPROVEMENTS STATE OF CAUFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA The undersigned, David Keltner, hereby offers and acknowledges that the following is all true and correct. At all times herein mentioned, the undersigned was, and now is, the authorized representative of MUNI FINANCIAL SERVICES, INC., the duly appointed ASSESSMENT ENGINEER of the CITY OF CHULA VISTA, CAUFORNIA. Thatthere have now been instituted proceedings under the provisions ofthe "Municipal Improvement Act of 1913" being Division 12 of the Streets and Highways Code of the State of California, for the construction and/or acquisition of certain public improvements In a special assessment district known and designated as ASSESSMENT DISTRICT NO. 90-1 (hereinafter referred to as the "Assessment District"). That the City did, on the _ day of , enter into an agreement with wherein the City agreed to purchase and agreed to sell, certain improvements to the City, said improvements being part of the Assessment District, and all improvements to be purchased were in place prior to the adoption of the Resoiution of Intention. That the improvements to be purchased by the City, all being public improvements necessary for the completion of the Assessment District, are In place. For particulars as to the prices and quantities, reference is hereby made to Appendix B of this Engineer's Report. That the prices and quantities as set for the in this Engineer's Report are true, correct and reasonable, and all of said improvements are necessary and Integral to completing the improvements for the Assessment District. The proposed improvements are described In Part V, page , of this report and are also shown on the Assessment Diagram, a reduced copy of which is located on page 54 of this Engineer's Report. For particulars, reference is made to the plans for the Assessment District. EXECUTED this day of , at Chula Vista, California. MUNI FINANCIAL SERVICES, INC. David Keltner, P.E. Director, Special District Services 21 '-55 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA Preliminary approval by the City Council of the City of Chula Vista on the day of , 1991. City Clerk, City of Chula Vista Final approval and confirmation by the City Council of the City of Chula Vista on day of , 1991. the City Clerk, City of Chula Vista 22 7"51 ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA RESOLUTION OF PROCEEDINGS 23 "" 'j ?,y RESOLUTION NO. 16271 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PROPOSED RESOLUTION OF INTENTION AND REQUESTING CONSENT AND JURISDICTION FOR ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, proposes to install certain public works of improvement, together with acquisition where necessary, appurtenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) (hereinafter referred to as the "Assessment District"), and as set forth and described in the proposed Resolution of Intention annexed hereto; and it is the opinion of this legislative body that the purpose sought to be accomplished by said work, appurtenances and improvements can best achieved by a single comprehensive scheme of improvement, with proceedings conducted pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California; and, WHEREAS, it is required and hereby further requested that the consent of the COUNTY OF SAN DIEGO (herei nafter referred to as "Consenti ng Agency") be procured to the making of said improvements, acquiring necessary property and rights-of-way, if necessary, all as described in the proposed Resolution of Intention, a copy of which is attached hereto; however, no properties are proposed to be assessed within the jurisdictional boundaries of said Consenting Agency. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the proposed Resolution of Intention attached hereto be, and the same is hereby adopted and approved as the proposed Reso 1 ut i on of Intention for the work and improvements and appurtenances above referred to in the Assessment District, and that the consent of the Consenting Agency is hereby requested for the following: 1. Formation of the Assessment District; 2. Authority to order improvements; 3. Authority to maintain said improvements, as appropriate; 4. Authority and power to acquire rights-of-way, where necessary; 5. The assumption of jurisdiction by this legislative body for all purposes in connection with the Assessment District; 6. The consent and approval of the enclosed proposed Resolution of Intention; and, 7. Consent to and approval of the map forwarded indicating the extent of territory included in the proposed Assessment District. 1~>/' '. Resolution No. 16270 Page 2 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of July, 1991, by the following vote: AYES: Counci lmembers: Grasser Horton, Malcolm, Moore, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: Nader ABSTAIN: Councilmembers: None ?" k~JJ /J), M~ Leonard M. Moore Mayor Pro-Tempore ATTEST: ~' \ \ '\ (\" \ \. \ \ ',\ . K ... : ,,\. '-.ft".. ~. .~\... ~ '--~" t \ '-\.L1 ' Vicki Soderquist, Deputy' City Clerk . . STATE OF CALIFORNIA ~ COUNTY OF SAN DIEGO CITY OF CHULA VISTA ss. I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16270 was duly passed, approved, and adopted by the City Council held on the 23rd day of July, 1991. Executed this 23rd day of July, 1991. \.~ " ' \ \ \\ r \ ' ~ "', ') ~ ~ ~~-i: II \ ~::1, Vicki Soderquist, Deputy City Clerk ........; i~57 Resolution No. 16270 Page 2 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of July, 1991, by the following vote: AYES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: Nader ABSTAIN: Councilmembers: None /~ k~jJ IJJ. M~ Leonard M. Moore Mayor Pro-Tempore ATTEST: , " ~' \ \'\ \. "', \ , \ \ " .k \ \. 1!r.\;j' \ ""_\... '~\........i \~.....,' ... ~ '\, "- . ..).. ~. -.... \ Vicki Soderquist, Deputy' City Clerk . ' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16270 was duly passed, approved, and adopted by the City Council held on the 23rd day of July, 1991. Executed this 23rd day of July, 1991. ~~. ~~\-t\/\~t Vicki Soderquist, Deputy City Clerk ''-.-J 1~5~ Resolution No. 16271 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of July, 1991, by the following vote: AYES: Counci 1 members : Grasser Horton, Malcolm, Moore, Rindone NOES: Councilmembers: None ABSENT: Council members: Nader ABSTAIN: Councilmembers: None . rIJ, Leonard M. Moore Mayor Pro-Tempore ATTEST: \ " \ \, . . ". \ \. !:. ',[.,~ . \ , .' . --'; '..., , ..., -- ,~~ ' , : Vicki Soderquist, Deputy\City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16271 was duly passed, approved, and adopted by the City Council held on the 23rd day of July, 1991. Executed this 23rd day of July, 1991. ~ \ r . \\ \ '\, . \...\1..\'-..... \ . ~\...' \..L Ii I \.tL..~ Vicki Soderquist, Deputy ~jty Clerk . \ \ , 9:5'1 Resolution No. 16271 Page 2 SECTION 3. The City Clerk is hereby directed to forward a certified copy of this Resolution, together with the proposed Resolution of Intention attached hereto, and a copy of the map indicating the extent of the territory included in the proposed Assessment District to the Consenting Agency. SECTION 4. Certain of the works of improvement for the Assessment District are proposed to be constructed within the jurisdictional boundaries of the Consent Agency; however, no properties are proposed to be assessed within the jurisdictional boundaries of the Consenting Agency, and all properties to be assessed are within the boundaries of this City. SECTION 5. That the City agrees to hold hannless and indemnify the Consenting Agency, its officers and employees, from any and all causes of action, claims, losses or damages which may arise, directly or indirectly, from the action of the Consenting Agency in reviewing and granting its consent to the fonnation of the proposed Assessment District. }J..f ~-' J6hn P. Li ppitt ~ Director of Public Works ~ Presented by Approved Bruce H. Booga City Attorney Cj~~() Resolution No. 16271 . Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of July, 1991, by the following vote: AYES: Council members : Grasser Horton, Malcolm, Moore, Rindone NOES: Council members: None ABSENT: Councilmembers: Nader ABSTAIN: Councilmembers: None Leonard M. Moore Mayor Pro-Tempore ATTEST: \. . '~" ~ \~:. \l..\ . , . \ .... . ^-.;. <~', '-: Vicki Soderquist, Deputy ,City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) SSe CITY OF CHULA VISTA ) I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16271 was duly passed, approved, and adopted by the City Council held on the 23rd day of July, 1991. Executed this 23rd day of July, 1991. ~. \ r \ \ '\. . ,-~_". \ '~\..'\~Vf\.t'-~ Vicki Soderquist, Deputy ~jty Clerk , \ \ I t:j"'t I ACQUISITION ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) CITY OF CHULA VISTA APPENDIX 24 '7'/'~ -- o.rl\O~,,1~nmw 'lW -- -.E _. .' ----II !~~.I '"'@. . .~. fi'" : . @\::I ~ . . I~:........... . ..10;;,,0. = ~. r.: t'C'\......y avo. lOCI _ : . \!:J @ \ "k-\ \ )>N~ .. I. -'-~' ~ . : 0 !L =u r- =; . ;; I 0 "-\.1~ '..Ii\... ! N "J-. '..J. 'Oa. = .J,' 1\ : 0 · . .$J I. 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" 1:;<; · · (j: t~ i: · : c. i. : · ~ I- . · ~'- y I <:> · ;'- d... <\ ~ :~ := rm ..~).. ..-t..l\~; '\ 'I ~ ? 51 . l /~.....- .....j ",,', f! f~~""'~Oo K. y: 1100 . ~ · ~ @IDr;v'r.i\\-\"'\..IP.:.s.. ~, ~ 2 ! ~~~ i ; n ~ 101: . a ef- 2 @ I \- ~ ~ : ; . :!~ ~.:rl' Ii~}!\,. : ~ . ~ .....! ~I@~ .......... .....Ii') : f I!.! ~ . 1-~;- 2~.:EOOOO ~oo I ,5I@:!r ~. ....~'-0 "" · I '\ . : ~/@\@ (ll/~' "1"1;; I~.... .' .. I ~ ~/(IO\Jr.;. · i!> .!o@Ii"M""" .. .. · ... .... ~ "",0\161 "'(;V.~"I .. I. I 1"'1@"". . I .~ Ii ,\!!){:1\(11Ia"ir.\ .... ... of:)1II ~t -r- \21.>:: ; / @. @ @ I I '.../ / L iJ KID ..... >; ~ ! ~ Il~~"'i~)i....&' " .. ~ ~ ~ ;n~ti ,=,4 ........ .. ~.~. .... ~ol @ ~ )~ ""' -/~ "';0/... ... .~ 1a!i~ .................I,W... ... 'j'>.*," ~ ~.....{ ... . ... . ........ ...............~,,~.. i ~! .'i. !~)1 /))!~' . ~ / ......../ z ~ ~:; ~t ~ I! 5 !I . . 1'/,/, ~ .. -t'--, . o . o '" ~ . 1;1 ^ !! ;; :i: w I- ,f:nl.tt ~ en . > pen . I-~ -oct !a a: :I:C x w:!: a: o I- en -- ,. (.) "'" I- @ I ~. 't ~.. q.'" ' < 0" I '" . I ~ ~ ~., '/'~ ~..... / / ~ I ~ " ~ ./'.....-j ~/ ~ L. / ..... :Jr::.V( ) ~,,'Of / '? " / L.'Of /"'- VI "' ! o : ; ~ . '~II . ~ := .. i ~ . · . .. . ! . . . 0 . . i .. . ! : r I~~i! I I m I ~ I I lot.) "'u....... I (/)1- o 5 i .; 1D ,..,." J u: V,J.!! "'I ~:::i: ~Eil: ~......:: WILSON ENGINEERING WATER. WASTEWATER. ENVIRONMENTAL CONSULTING ENGINEERS SALT CREEK I ASSESSMENT DISTRICT COST SHARING ANALYSIS 703 PALOMAR AIRPORT ROAD. SUITE 300 . CARLSBAD. CA 92009 . (619) 438-4422 1"'t, '" .. .. .. .. .- . .. .. . I . Water Demand Factors Land Use EDU's Residential. Single Family Detached 1.0/ du Residential. Condominiums .8/ du Residential, Apartments .7/ du Retail 7.8/ acre Commercial 5.6/ acre Industrial 5.6/ acre Church 2.0/ site Clubhouse 7.8/ acre Visitor's Center 7.8/ acre Table 2 Pipe sizes and water demand factors for the 980 system were taken from the NBS Lowry Waler Subarea Mosler Plan, February 23, 1990. The Black and Veatch Otay Waler District Benl!fil Anolysis, April 16, 1990, was used in conjunction with the NBS Lowry Report to determine the extent of oversizing in the system. Funding for the 980 system through Assessment District 90-3 includes the installation cost of the minimum sized pipe necessary to service the EastLake Development only. l1li ~ lit ~ ~ ,. JSS'JANE11(J4()()().XVun, 20. J99J 38 ~ Cj ~I/I' Liz Long August 2, 1991 Page 2 Water and Sewer Facilities The following table provides a summary showing the Salt Creek I percent share in the water and sewer facilities based on the total number of units benefitting from each facility. The number of units benefitting from Salt Creek Ranch were estimated based on the latest SPA Plan. As indicated in the table, Salt Creek Ranch is the only property which is anticipated to benefit from the onsite gravity sewer facilities. However, both Salt Creek Ranch and future properties north of Salt Creek I, "Others", will benefit from the offsite Proctor Valley sewer and the water facilities. Information regarding the benefit area of the offsite Proctor Valley Sewer was obtained from the "Proctor Valley Basin Gravity Sewer Analysis for the Salt Creek I Project" dated January 31, 1991, and prepared by Wilson Engineering. The benefit area of the water facilities was separated between the 710 Zone and 980 Zone. This is done because the two water service zones benefit different areas. In order to determine the number of units benefitting from the proposed water facilities, an area north of Salt Creek I within the Otay Water District was planimetered to determine the acreage within the 710 and 980 Zones. From this acreage, the City of Chula Vista General Plan was used to estimate the number of units in each zone; a map and the calculations estimating the units are included in the appendix. Finally based on the total number of units benefitting from each facility, the percent share by Salt Creek I was determined. t).r/, ~ Salt Creek I Assessment District Cost Sharing Analysis Cor Water and Sewer Facilities 1I;0~~lil~i.~i~t....;....~.;~.....................~....1~~~~:;~...Jj\;ri~ttirigf}} Ij~'~k0~i::0f~tOi~ili II PRocrOR VALLEY ROAD 10" Gravity Sewer Line 12" Water Line, 710 Zone $6,468 550 169 632 o o 300 1,182 469 47% $52,160 36% SAN MIGUEL ROAD 980/710 PRS and 16" Water Line, 980 Zone (N. of East H Sl) 16" Water Line, 980 Zone (S. of East H St.) Subtotal 10" Gravity Sewer Line $27,294 169 o 655 824 21% 150 I~ $67,500 381 300 o 681 56% 91.J8 it $94,794 $30,030 381 253 o 634 60% EAST "H" STREET 16" Water Line, 980 Zone $175,530 550 600 355 1,505 37% 392h I( ~ $94,715 169 0 300 469 36% J."1dS\f 5270,245 12" Water Line, 710 Zone Subtotal WATER LINES THROUGH SFD 10" and 12" Water $119,476 169 0 75 244 70% Lines, 710 Zone SEWER LINES THROUGH SFD 8" and 10" Gravity $98,064 454 632 0 1,086 42% Sewer Lines OFFSITE PROcrOR VALLEY SEWER 10" Gravity Sewer Line $190,000 550 632 612 1,794 31% 't ::z,'tO I. 12" Gravity Sewer Line $77,000 550 632 802 1,984 28% \ S40lr 15" Gravity Sewer Line $215,000 550 632 1,642 2,824 20% ~ "(SO II=' Subtotal $482,000 ..... "'k} .-",'.,','.,'.-'..-.-..-.---- ............. . .... ........... ....................... ... '.'$1;1.53;231' ..... . .. ..... ...., . .... .... iT\ W+d. Avg. ~ ('to.S., 70 ;f .. 't'Il'9S Cpl pel @ IN' + c1 AV9 @ Wf,:! A"9 ~ dl 01 >f -Ii 3%00) ( PRS) 3(;,.5l % ~ d(O. Ii 0; I. "I"7() '0 :- -~ ~\I.-j , ~ ~ 4- :;; 3'::.5 ~/Q Liz Long August 2, 1991 Page 4 Reclaimed Water Facilities The reclaimed water facilities to be included in the assessment district consist of 8 and 16-inch reclaimed water transmission mains. For purposes of determining the percent share of these facilities attributable to Salt Creek I, an oversizing methodology was utilized. At this time, there is no accurate way to establish the benefitting areas outside of Salt Creek I based on the projected demand. The oversizing methodology calculates the Salt Creek I share for all transmission mains greater than 8-inches in diameter based on the unit construction cost; the unit construction cost for 8-inch ACP class 200 is $21 per lineal foot and 16-inch ACP class 200 is $35 per lineal foot. The following table summarizes the reclaimed water facilities cost sharing analysis. Cost Sharing Summary for Reclaimed Water Facilities i....E~tim~t~dr\ iConst rncHbli .. .. Cost> EAST"H" STREET 16" Reclaimed Water Line $185,945 60% PROCTOR VALLEY ROAD 16" Reclaimed Water Line $105,325 16" Reclaimed Water Line (N. of East "H" St.) 8" Reclaimed Water Line (S. of East "H" St.) Subtotal $39,215 $24,808 $64,023 60% 60% ,y.q If G: 100% ~ 4-8 If SAN MIGUEL ROAD RECLAIMED WATER LINE THROUGH SFD $11,472 $366,765 100% ""'!?vi\. 8" Reclaimed Water Line @ I,vie! AV9 = 2:::2.35 % q-')/ Liz Long August 2, 1991 Page 5 Storm Drain Facilities The McIntire Group, Inc. provided the information to determine the cost split of storm drain facilities. The calculations in the appendix present the cost estimate of stor'm drain facilities required for East "H" Street without the development of Salt Creek 1. The following table provides a cost comparison with the estimated construction cost of the proposed facilities (with Salt Creek I): Storm Drain Cost Comparison -.....-.- .-, "';',,,"-...-'--,""-'-" ............-,.:...---..,.-...-..-............ ",....'-' :SaItCreekI' Shilre\ ....... ...... .. . . ...... East "H" Street $347,901 $152,190 56% 1 Prepared by McIntire Group, Inc. (See Appendix) The Salt Creek I share was determined by taking the difference between the costs with and without development and dividing by the estimate with development of the Salt Creek I project. ~-')).. Liz Long August 2, 1991 Page 6 It is our recommendation that the Salt Creek I percent share for the water, sewer and storm drain facilities established in this letter-report should be applied to actual construction costs for the proposed facilities. The estimated construction costs are provided as informational purposes only. If you have any questions or comments regarding this information, please feel free to call. Wilson Engineering ~~RtJ(J Mark A. Burbrink MAB:jaa Attachments ,~ 7J CALCULATIONS APPENDIX &J~7'i WILSON ENGINEERING SAI.1" CR-Ut<. I A5~E..S~ ;WG.,.Ji DI.srte.tr.r CAt.rc:.ULA no,...,J~ "'= fA..I;4r~ F"AL/t../r-t/i?-: f,t.. ....TrAc...nE.O ......,.~ IDE,..11FI~": 1">1E. A.e."-A /VOI"'ln} or- SA~r Crz..cc;.. r INC:L.V.oCO IN T>f~ "07"HE.~" c..Arc.""OA!"" 1/\/ THE l-E. TTEfl.- .4C!.C.Po,z. 7: T7t1$ A/Z.~A 1$ A C.~NS G,..,\/Arl""-f!!!l-'f t..<>-' tz.:;rlrfATIi Or T?f€ Pd,u,t:)fEdr'r (..JIT?-Jf/V 7>1,,- OT')lfy W"'T~ DI.5n?Ic=r W"'C:H """L.~ tJ e.r7 .......A'TE,I,., '1 Bt:""c.~/r r40,., TH~ S"'<-T G:t.€e.a.<. r ~AO~OS~ (,JAT~L rr"tt:.IL-I "'1::. As SIfO"-II"'J J 171/,$ AI'il..€A I ~ DII.II C)(:~ BE.n..e-6N 1"7-1< 7/0 :O""'f!. "'^"'> "go ::.oNL. e 19.5 C-Q 0___ EJ-E.\fA nON. );c JIIV"""'t!!t:V'I$ (1:3 if..! I~ ere..) Co~~~__tO rc I / &...-........ p~ L..A,N<::> "'S~ Q 6'.s I t.,Y A"'P.".,J S ~ 1"& <-<-u....,s : t:.qv"~. ~ LA-IVO V"".. 4~... VI...#r~ 13 Co 0 """'" M t! 4.LIAI.- 5",<. f.S l'-f I<.~JO b"'''-'''L. qOIlc- 180 ( z. ovl h<- IS /le.s /(;) 6...Jrllll- 2."""- I~O ( gD~IhT:..) /f.. ~/Dc;,.J7?t?t- /S t9c... (,0 ('I "''''1..<.) /7 .l2UIQG../",,"- 80 /2po.J/.,,) 'to "'''- 19 IZ-t!:S/"G-I'1'~ IS t4c... .30 (U'';IA...) 1=/~ 3""",0",,", Z. ""'S':: (o.S D~I"') ISLA<- 78 TOrnl.- 65S ___, r!; 6oS-n.>j S AL-T C,ll~c:.__ .I AC:"-r!:~~r:"...JT D/sr/.?Icr 11z.. .09"'" :U8J[CT .... ~f' ~,) WILSON ENGINEERING SAL-r C~E~rl. I AS':C~':~~~T D,.$;-/t...'~,.... r ' _AL.GS (c.(Jt'>J ~ I /;tt!!:.S~ C.ss DIVIDG,o (...N'.II,..-S MUS, .,.,.,<:;;.,v tS6 j:;,,JR.r'!tG--t. 980 B~~€.s..--v TH~ r>f<! 2o........,#E.. L.AIVO No 13 I" /5 II- /? l<j ~5 M 1.5 '- TDm/.-5. Norc T1f7<'/r 7/0 ca......oe; 7'D 4c;,.....~t=,r IN r>f~ r- /t 0 .-r Tr/c 77# S/,.J G.(..~ mE 10 ~ /"001'60 .$ .,. S rG--l 7/0 ~."....e ........, UN !,-~ 7/0 Z!.<,,,,,,,, 980 ~.. 701""">4,_ b.5 0 GS '-0 12-.0 180 /"10 2.0 1(,,0 0 bO 0;0 0 90 eo 0 30 .30 0 2- 2- :'5 '-13 78 3 0::) V"",,.S 355UO<11rs ?:5S ~,r. ONC-7 257. 77Ie .3 OQ U""""3 01' A/t.~ A.sSv........ ~ 10 A,J& I,-,NC-" ~A"-6Yt t, rN cS 71-Ho Cn:'.J.f ~/I-'T TtlIS 1.5 de:.c/1>Jse J)~veL.CI "',IW~r: /2. -,-,c rl PAaI/IDt; ,.q ~ ",,..h~$ pU,.. TlM 51 ,..JG,-~ ~/(.."" ,.,.~....,.............o 00 IS,:",,€. 1',"- THIS Af'M ,vo" ? ~ OII?(!c.T"'_'T /VOr ~S 7lU ~/t./r/~ ,,v .f:",..., r 1-1 S.- --... S "'" ,IV( 1(, v<! t... ~ q-?l c.o:;:~8_17V~ .j I "7 ~;('I I;:,=-, ..$A'-T t:~EK. :r ASSG:ss"""E_r D/~rA!lc:..r 'U8JECT C"-({i: " ...;....::1-', . '~ ~~ ~ . ~ .. ;>~~.~}/ / ..; -"",-"," I' /,/',; . .. ,..-' .~":-----''''..'' /" //' . ." . <"... "':'.:--....'-'''''. J,c;' ~.' ,,- "' \ \.,.....'" "{';; " . . .; : ;- ... ',/ { _ /"r~ I " ",' ) Ii. /, i -, I':: ':, ---. .' :c ~ / I' : '\~--- -"""_ _.~-_ -->.Td/\:;.. :~:~. . --.'- . Jf:;:".<> --:. -- . C).I...: N'. " ",_ ,\ ./",../ " / ',>..,..1 ; ,-" Nf "''\,.'-:;r ','0 " /,', , /'.....--:, , , , / C, r; '''i ._ ( - - ' . ~ :--~ -.....r ,r-. ,... I . .: '--'..-J:::; ." ..>:" . -.' ~': . _ "I'~ ..(~......Cjll"\I......f, ,,' .' ~r-<"' -;.."'... ~" .'--~. . 1 \ , '. .) , , i , ~, t ~v ;. h : i......... /... . ? \. '\ " ;, ....l. \. , , '-.:"-' i ,-- iA~, ". ',.-.( oj,,?: ,~F~M.' ..W~~~~ ~tV~~; "-..... ; I~ _,"; --../ .)" } / \._ ......--;-' F4;'~VA{.."''f7 ~..sJ,./"J' /.-'_ , - . ) .' .. r '~vlri" .seJ..,&t. ,AI',M""r$.I~ J' ',' ~ ..' ..._. . i F'<k'S"J; ~&;;':e\ i'P-.rbkr ",... .,:' ;::: '-? .\ '\. i " "\ . \ '~~'~/f;71A~ 1 -' /" '. \.. .. .....,..~';.._~_'\,.'...\.....~- )-?f(.:t. /..t,. "', ....... " . ., ..~." ;'~ ..q..).! , ' .. ~.- ~,~-~~--_:"=~~~:~~:-?1:' , .', f ;....'. H, 'J ;: .; \ . ~--~ \\ " '. ~ '.' / .. ,.',. . ....."".. " "'.-. - .--. 2f 1 r___ ./, j"........... I ; . I I I ',I ~i;' j~, ;.- .:/1 , . .,t ~ t SALT! CREEK -~ , i :/-,R~- j , ! . . --~ [:(;.'" "'15 ..-. ._~. . ..--.... J11O\' c. " i) , " \' ~ '.' i'\ . " . ., ~\'"''-''' I ~ .: - Ir--........ . , 6.,~. / 0,#'(,;____.--... / / , \ , \ '-'. \ , ~P7"?,~ --., . ~ { , '" ," FTIifE - '-r , S~ ~ -" . ,/ "" . . '-..:.. i," , I, Ii: i'-' i" / /: , "j ." . .. _~--...;/~t , . / '-...~.- t. rA-~' " . <oJ';r-' ~ . r ':'~.--- " . /. c . f ,- . \, >~ ~'> ./ ,. .~/.- , : 1'1' .,' '.Ii:' i ! : :-'~ ~ .~f l . . . r 'I( L" ;, . "'J e6~Fll:r j>:;;. . ^. . J ; I j" ..' !~\ ..' .."'~", ?~ril~I!'(-"" , ..."-,. .'" J _ t I '\ z..;" SO!JNDN't.Y---' , .... , ....\ I ./. ! / I ~~. '- >. . .....-'! ~ _!--!.'~D;fH~5!!: r:; .~, n '" . . /' . f3;:;VND ~!/.)' , . . "':~-. '-. ". r-' --- ,.---- ... : "".~~... ,. I .j-. r-- t..... ' j. ) I ~/ \.... ' ..., ;~. -== .:,. ,. N'I 'I { /' ! ' ;\ ! i j , , ~;-7.,7 STO~1 DRAIN COST 'r'1!'!:-'::CUT SAL'!' CR!E..~ ! DEVELOPMENT ------~------------- ifT't-M .....-.. Q.... "'1" TmV U-"1..i.\___ _ ---------------------------------------------------- UNIT WIT COST TOTAL STORM DRAIN COST COMPARISON FOR EAST n!:" STREET ,"'u RCP 680 U' $43.00 $29,240 .0 , ." " RCP 550 -- $45.00 $29,250 -- 1-': 30" RcP 150 LF $63.00 $9,750 ! 42" RCP 330 LF $75.00 $24,750 WINGWAF-LS 4 EACH $2,500.00 $10,000 ! C!JrtB !.;'lUT 8 E..;CH $3,500.00 $28,000 CLEANOp-rS 6 EACH $3,000.00 $18,000 , RIP R.~ 80 CY $40.00 $3,200 ------------------ TOTAL: $lS2,HO i i B'f ,h( c.I:',.,J nILE ,. P/Z.epl9~ THe ~ .;7 y' 7/11/91 C;~CJ"JIf' JIVe. I . I I f I I ! i I I I I i ! ! , I 1 I j I I I I I I I I I I I ! I ! /(,3'i3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS IN ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) WHEREAS, consent has the County of San Diego, assessments on certain territory of the County of now been received from the Board of Supervisors of Caifornia, to allow this legislative body to levy benefiting properties within the unincorporated San Diego. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The public interest and convenience require, and it is the intention of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improve- ment Act 1913"), to order the installation of certain public improvements, together with appurtenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS A. The financing of certain public improvements described as street improvements, including curb, gutter, sidewalk, street lights, as well as water, sewer, storm drain, telephone, electrical and gas facilities, together with appurtenances and appurtenant work, including acquisition if necessary, to serve and benefit properties located within the boundaries of the Assessment District. B. Said streets, rights-of-way and easements shall be shown upon the plans herein referred to and to be filed with these proceedings. c. All of said work and improvements are to be installed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as herein- after provided. D. The description of the improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work as contained in the Engineer's "Report" shall be controlling as to the correct and detailed description thereof. E. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. <fA, I F. Notice is hereby given of the fact that in many cases said work and improvement will bring the finished work to a grade different from that formerly existing, and that to said extent, said grades are hereby changed and said work will be done to said changed grades. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. That said improvements and work are of direct benefit to the properties and land within the Assessment District, and this legislative body hereby makes the expenses of said work and improvement chargeable upon a district, which said Assessment District is hereby declared to be the Assess- ment District benefited by said work and improvements and to be assessed to pay the costs and expenses thereof, including incidental expenses and costs and which is described as follows: All that certain territory in the District included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said work and improvements in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I)", and which map was heretofore approved and which said map or diagram is on file with the transcript of these proceedings, EXCEPTING therefrom the area shown within and delineated upon said map or plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public dr i ves, public courts, public alleys, and all easements and rights-of-way therein contained belonging to the public. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said boundary map heretofore previously approved and on file. REPORT OF ENGINEER SECTION 3. That this proposed improvement is hereby referred to MUNI FINANCIAL SERVICES, who is hereby directed to make and file the report in writing containing the following: A. Plans and specifications of the proposed improvements; B. An estimate of the cost of the proposed works of improve- ment, including the cost of the incidental expenses in connection therewith; C. A diagram showing the Assessment District above referred to, which shall also show the boundaries and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention, each of which subdivi- sions shall be given a separate number upon said Diagram; D. A proposed assessment of the total amount of the assessable costs and expenses of the proposed improvement upon the several divisions of land in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improvement. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof; E. The description of the works of improvement to be installed under these proceedings, and acquisition, where necessary. 9/J ~.J. When any portion or percentage of the cost and expenses of the improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of said work and improvements, and said assessment shall include only the remainder of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection D. of this Section. BONDS SECTION 4. Notice is hereby given that bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed the current legal maximum rate of 12% per annum, will be issued hereunder in the manner provided in the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California, which bonds shall mature a maximum of and not to exceed TWENTY-FOUR (24) YEARS from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggre- gate amount that is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Streets and Highways Code of the State of California, specifically Section 10603, the Treasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. Said bonds further shall be serviced by the Treasurer or designated Paying Agent. Refunding Any bonds issued pursuant to these proceedings and Division (a) may be refunded, (b) the interest rate on said bonds shall not exceed the maximum interest rate as authorized for these proceedings, and the number of years to maturity shall not exceed the maximum number as authorized for these bonds unless a public hearing is expressly held as authorized pursuant to said Division 11.5, and (C) any adjustments in assessments resulting from any refundings will be done on a pro-rata basis. Any authorized refunding shall be pursuant to the above conditions, and pursuant to the provisions and restrictions of Division 11.5 of the Streets and Highways Code of the State of California, commencing with Section 9500, and all further conditions shall be set forth in the Bond Indenture to be approved prior to any issuance of bonds. "MUNICIPAL IMPROVEMENT ACT OF 1913" SECTION 5. That except as herein otherwise provided for the issuance of bonds, all of said improvements shall be made and ordered pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. Cj /1....3 SURPLUS FUNDS SECTION 6. That if any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to any such transfer shall not ($1,000.00) or five percent (5%) the general exceed the of the total fund; provided that the amount of lesser of One Thousand Dollars from the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; or C. For the maintenance of the improvement. SPECIAL FUND SECTION 7. The legislative body hereby establishes a special improvement fund identified and designated by the name of this Assessment District, and into said Fund monies may be transferred at any time to expedite the making of the improvements herein authorized, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as autho- rized by law. PRIVATE CONTRACT SECTION 8. Notice is hereby given that the public interest will not be served by allowing the property owners to take the contract for the installa- tion of the improvements, and that, as authorized by law, no notice of award of contract shall be published. GRADES SECTION 9. That notice is hereby given that the grade to which the work shall be done is to be shown on the plans and profiles therefor, which grade may vary from the existing grades. The work herein contemplated shall be done to the grades as indicated on the plans and specifications, to which reference is made for a description of the grade at which the work is to be done. Any objections or protests to the proposed grade shall be made at the public hearing to be conducted under these proceedings. PROCEEDINGS INQUIRIES SECTION 10. For any and all information including information relating to protest directed to the person designated below: relating to these proceedings, procedure, your attention is JOHN LIPPITT, PUBLIC WORKS DIRECTOR CITY OF CHULA VISTA P. o. BOX 1087 CHULA VISTA, CA 92012 TELEPHONE: (619) 691-5021 9/J' 'I PUBLIC PROPERTY SECTION 11. All public function shall be omitted expressly provided and listed property in the use and performance of a from assessment in these proceedings herein. public unless NO CITY LIABILITY SECTION 12. This legislative body hereby further declares not to obli- gate itself to advance available funds from the Treasury to cure any deficiency which may occur in the bond redemption fund. This determination is made pursuant to the authority of Section 8769(b) of the Streets and Highways Code of the State of California, and said determination shall further be set forth in the text of the bonds issued pursuant to the "Improvement Bond Act of 1915". PETITION SECTION 13. That a petition signed by property owners representing more than 60% in area of the property subject to assessment for said improvement has been signed and filed with the legislative body, and no further proceedings or actions will be required under Division 4 of the Streets and Highways Code of the State of California, the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931". WORK ON PRIVATE PROPERTY SECTION 14. It is hereby further determined to be in the best public interest and convenience and more economical to do certain work on private property to eliminate any disparity in level or size between the improvements and the private property. The actual cost of such work is to be added to the assessment on the lot on which the work is done, and no work of this nature is to be performed until the written consent of the property owner is first obtained. ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 15. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and High- ways Code of the State of California, said annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve of other related funds. Presented by Approved as to for/ibY John P. Lippitt Public Works Director ruce M. Boogaard City Attorney 9/1,5' PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this day of 1991, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ss. I, Beverly A. Authelet, City Clerk of the City of Chula Vista, hereby cert ify that the foregoing Resolution No. passed, approved, and adopted by the City Council held on the , 1991. California, do was duly day of Executed this day of , 1991. Beverly A. Authelet, City Clerk 9/1'~ RESOLUTION NO. I (P:J'I'I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has instituted proceedings for the installation of certain public works of improvement and appurtenances under provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the state of California, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) (hereinafter referred to as the "Assessment District"); and, WHEREAS, there has been prepared and filed with the legislative body a "Report" provided for in Sections 10203 and 10204 of the Streets and Highways Code of the State of California, and this "Report" has been presented for consideration; and, WHEREAS, a Resolution of Intention for this improvement was previously adopted by the legislative body; and the "Report" as now presented shall stand as the "Report" for the purpose of subsequent proceedings hereunder. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: , SECTION 1. That the above recitals are all true and correct. SECTION 2. That the "Report" of the Engineer referred to hereinabove is considered adopted, passed upon, and preliminarily approved, as follows: A. That the plans improvements to be made, contained in preliminarily approved and adopted; and specifications for the proposed said "Report" be, and they are hereby B. That the Engineer's estimate of the itemized and total costs and expenses of said acquisition, where necessary, and improvements, and of the incidental expenses in connection therewith, contained in said "Report", be, and each of them are hereby preliminarily approved and adopted; C. That the diagram showing the Assessment District referred to and described in said Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions have been given a separate number upon said diagram, as contained in said "Report", be, and it is hereby preliminarily approved and adopted; D. That the proposed assessment upon the several subdivisions of land in said Assessment District, in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisition and improvements, and of the incidental expenses thereof, as contained in said "Report", be, and they are hereby preliminarily approved and adopted; Cf [3- / . E. That the maps and easements to be acquired, as contained in hereby preliminarily approved. descr ipt ions of said "Report" be, the lands and and the same are SECTION 3. That said "Report" shall stand as the Engineer's "Report" for the purpose of all subsequent proceedings had pursuant to said Resolution of Intention. SECTION 4. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 22ND DAY OF OCTOBER, 1991, AT THE HOUR OF 6:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR TO THE PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF THE ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO THE CITY CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING. SECTION 5. That the City Clerk is hereby directed to give notice of said Public Hearing by causing to be conspicuously posted on all open streets within the Assessment District, not more than 300 feet apart on each street so posted, but not less than 3 in all, notice of the passage of the Resolu- tion of Intention and of this Resolution, all in accordance with the provi- sions of said Division 12. SECTION 6. That the City Clerk is hereby directed to give notice of said Public Hearing and of the passage of the Resolution of Intention and this Resolution by causing such notice to be published in accordance with Section 6066 of the Government Code, in the newspaper .pre v ious ly designated as the newspaper for all publications as required by law and as necessary for completion of this Assessment District. SECTION 7. That the City Clerk is hereby directed to mail notice of said Public Hearing and the adoption of the Resolution of Intention and of the filing of the "Report" to all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assessment roll for County taxes prior thereto, or as known to said City Clerk, and to all other persons as prescribed in accordance with the provisions of said Division 12. SECTION 8. That the City Clerk is hereby further directed to file a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of the proposed boundary map; said boundary map to be in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the State of California. Presented by iI'~ '0 '0 Bruce M. Boogaard City Attorney J John P. Lippitt Public Works Director 9 [3-02 PASSED, APPROVED, and ADOPTED of Chula Vista, California, this 1991, by the following vote: by the City Council of the City day of AYES: Councilmembers: NOES: Councilmembera: ABSENT: Councilrnembers: ABSTAIN: Councilmembers: Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ss. I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. was duly passed, approved, and adopted by the City Council held on the day of , 1991. Executed this day of , 1991. Beverly A. Authelet, City Clerk 93-3 COUNCIL AGENDA STATEMENT Item 10 ITEM TITLE: Meeting Date 09/17/91 Resolution /& .3l/~proving Settlement Agreement, Release and Modification with Chula vista Cable city Attorney ~ ~ Deputy City Ma~~.fe;r Thomson JI Director of Finance ~ City Manage; J iJ 1T (4/5THS Vote: Yes_No--1LJ SUBMITTED BY: REVIEWED BY: This item was continued at Council's request for one week from the meeting of September 9, 1991, in order to provide the full Council opportunity for discussion if desired. 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. RECOMMENDATION: That Council adopt the Resolution approving the Settlement Agreement, Release and Modification with Chula vista Cable. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. JP-/ Page 2, Item /0 Meeting Date 09/17/91 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 that has created some question as to who bears responsibility for payment, although the City Attorney believes the exposure to the City is minimal based on the admission of the President of Chula vista Cable that he had knowledge of the possessory interest tax issue prior to entering into the Franchise Agreement. 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 monthlv 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. 2. The Franchisee (Chula vista Cable) accepts sole responsibility for payment of any property tax, including but not limited to possessory interest tax. /tJ-.2 Page 3, Item Meeting Date 09/17/91 IP 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. 'rhe 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 I 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 I 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. 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 IINA8L~ r#l SIN.} ~ T4. Uf;#r Attachment Four Answers Questions Franchise to Councilman Jerry Rindone's Regarding Chula vista Cable .!I/Or St!A,JAJG/) ItfJ-.,J [j- 1/)4 elM' EII/I 0,<1 e- J ~ . Settlement Agreement, Release and Modification Cbula Vista Cable Franchise Fee This agreement ("Agreement") is made between the City of Chula Vista, a chartered municipal corporation of the state of California ("City") ana Chula Vista Cable, a California Limitea 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 signal distribution system ("franchise"); and, . B. On June 13, 1989, city approvea assignment of the Franchise from Ultronics to Chula Vista Cable, a California Limitea Partnership; ana, C. San Diego County Assessor ("Assessor") has asses sea CVC annually with a possessory interest tax ("Tax") on the value of the right to occupy city rights of way; ana, D. CVC contenas that City should pay the Tax ana City objects to such contention, ana aenies any liability for the Tax; ana, E. Pursuant to the Franchise, CVC is requirea to pay to the City a franchise fee of 3t 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 aue December 31, 1990 and April 15, 1991, respectively), and the first quarterly estimate for the 1991 calendar year (which was aue June 30, 1991) ("Period of Delinquency"); ana, G. CVC and Altbaum warrant ana represent that the proper amount of the Franchise Fee that is currently aue auring the Perioa of Delinquency is $15,045.95, which inclu~~~ 3t :~ ~oss revenues. includina revenues collected to Dav fra~_se _ es_ ("Delinquent Amount"), of which $10,183.76 represents the balance aue for the calendar year 1990, and $4,862.19 represents the quarterly estimate due June 30, 1991. rel-alt3.wp August 16, 1991 Settlement and General Release Agreement Page 1 . /tI-' ~IJLL 'T .f~r .s~A N1J~ /) S4P It) 199, PIItJ<Gr J .1" 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, commencing the fifteenth (15th) day of Septemper, 1991, and continuing 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, commencing 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 original due date of March 30, 1991 until actually paid, which interest charge shall be payable on the due date of the installment. B. Release of City ~or Tax. In exchange 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, rights 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 general 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." rel-alt3.wp August 16, 1991 Settlement and General Release Agreement Page 2 . /t?-f 2. Waiver Critical to Consideration. The parties hereto acknowledge that they understand the meaning and import of a waiver of Section 1542 "of the California Civil Code. It is expressly understood that a key element of the consideration passing 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 ~e following provision, at the end thereof, as follows: -The property interest herein contained is or may be subject to property taxation, and that any DroDertv tax. includina but" not limited to Dossessorv 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. S\'S 8Rall .e permi~~ed BY ~fte ei~} ~e ideRtify, as a separate liRe item 8ft i~s .eR~kly .i1li"" 1ft a BaRBer a"r8~ed BY the eity Whish apprs7al 8Ra11 8Rly .e sKere!.ed fer ~e .~rpeBe af pre~ee~iRg tae 11\:119118 a,a!"s' false BE" .leI8adl"9 19i11i"IS, t.ha't pertie" SE" eem,eReRt af the Billl", wfilek viII .e set aside BY Sperate:!" te pay the Tax, BRa the FraHek!_. is hereBY ameRded fft this regard, all ether teJ!IBs aRs eeRs! "-LeRs 1;8 rea.!" 't!ke SaMe. MY ekar,e te 8eserisers deliRe.t.. as a a8,ar.'s liRe it.em, etker 'thaR tBe fraRekise fee, is eeRside:!".. part af S\'S wrSSB r87eRY8S, aftd as sueh is 8u.jee~ te the eity's fraftskise fee. IJe~~i~~staRdiRR ~ke ~eFe~ei~~. Re liRe i~em eft 8RV BH~eeFi~eF meR~R17 ~illiR~ shall ~e 1ft a SeYeeR~aSe SY 8meHR~ Brea~eY ~haR ~Ra~ sasBe~i~er~B BreBey~ieRa~e share af said I~em. E. Franchise Not Otherwise Modified. Other than as herein provided, the franchise aqreement is not otherwise modified. Specifically, nothing herein shall relieve evc from making 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 settlement "is a compromise of a doubtful and disputed claim, and that the promises rel-alt3 . wp August 16, 1991 Settlement and General Release Agreement paqe 3 ~ Jp-t, . ; ~I .. 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 litiqation and buy their peace, or for other reasons. 2. No External Xnduc_ent. The undersiqned further declares and represents that no promise, induc_ent or aqre_ent not herein expressed has been made to the undersigned, and that this Release contains the entire . aqre_ent between the parties hereto, and that the terms of this Release are contractual and not a mere recital. 3. Entire Aqre_ent. This is the entire Aqre_ent between the parties hereto. All other oral aqre_ents, discussions, and negotiations are superseded by and merged into this Agreement. Each party represents to the other that it has not relied on any stat_ent not contained in this document. 4. Amendment. The parties hereto each aqree that this Aqre_ent shall not be supplemented, amended, or modified in any manner whatsoever except by an instrument in writing signed by all the parties hereto. 5. Assignment. The parties hereto each aqree that neither this Aqre_ent 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 be subject to, governed by, construed and enforced pursuant to the laws of the state of California. 7. No Adverse Construction Intended. The parties to this Aqre_ent acknowledge that all of the signatories hereto have jointly participated in the preparation of this Aqre_ent. 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 ambiguity within this Aqreement may be construed for or against any party rel-alt3.wp August 16, 1991 Bettl_ent and General Release Aqreement paqe 4 . /1).7 - } -~ - .', . 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 agreement, 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 agreement, 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 Agreement may be executed in multiple counterparts, each of which shall be deemed an original Agreement, and all of which shall constitute one Agreement. Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, 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 ttiP General Partner Mart rel-alt3.wp . August 16, 1991 Settlement and General Release Agreement Page 5 ~ 117-8' - '/ rc. ~ 6..,...1 -- oft f. .If DIVIS/D." OF ULTRONICS, INC FRANCHISED CABLE OPERATOR Chula Vista Cable December 26, 1990 Mr. :Lyman Christopher Director of Finance CITY OF CHUI.A VISTA 276 Fourth Avenue Chula Vista, CA 92010 0: PRANCBISB PBBS AND COtJHTY 01' SAN DIEGO I'OSSESSORY INTEREST TAX "' - ... ." _.. - -' ~. ... .. .:..... -" 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, 1ll~~~ Martin :L. Altbaum President MLA/cb Enclosures (2) /~-, ~ '81 C Street. ChlJ/a Vista, California 92010 . (619) 476-0177 ~ Chula Vista Cable If DIVISION OF ULTRONICS. INC. FRANCHISED CABLE OPERATOR CITY OF CHULA VISTA OFFICE OF THE crTY CLERK 276 Fourth Avenue Chula Vista, CA 92010 I, Report of Franchise Fees for the Period of Januarv 1. 1990 ~hru June 30. 1990 GROSS REVENUES $308,829 FRANCHISE FEE TOTAL DUE $ 9,265 Check No. 4.419 x 3' - for $9,265 is enclosed. I t;1- / t.? '81 C Slreel . Chtda ViSIII, Cll!i!ornill92010 . (619) 476-0177 -.,. ; IInI'/CHm&Vr rHR.EE" l\GHr:J':i'-IENi' Ml:~l'''''.[EEN THE CITY Or~ CHULA VISTA AND UL'i'RONICS, INC., A CALIFORNIA CWPrnATIW, GRANTING 'r\) ULTROIHCS, INC. THE NON-EXCLUSIVE HIGHT, PRIVILEGE AND FRANCHISE 'ro LAY AND USE LINES, WIRES, COAXIAL CABLE AND APPURTENANCES FOH 'l'HANS~lI'I1'lNG, DISTRlBlIfING AND SUPPLYING CABLE TELEVISIOI~ SERVICE ALONG, ACROSS AIID UPON THE PUBLIC SrREE'l'S, WAYS, ALLEYS AND PLACf;S WI11!IN THE CITY OF CHULA VISJ'^ The partif's hereinafter referreu dS "Grantee." to this agreement are the City of O1ula Vista, to as "City: and Ultronics, Inc., hereinafter referred to Section 1. DE,'INITIONS. For title' purpose of tilt:.:; franctllse, tile tollowing terms, phrases, 'wurds, and theit derlvations :-:;hdll l1.:we the meaning given herein. When not in~'on.sistent WiU1 tht~ context, wonJ;; Lise! I in the pn:s'~nt tense include the (utur~, words in the plural nunv..}er include the singular nuJTt>er, and words in the singular nUHi)cr include the plural number. Provisions of this franchise :-;hall b~ construed in accordance with the laws of the State nf California. d. "Clly": 'nlt..~ City ol ct1uld Vista, a municip.:1l corporation of the State ot california, in it.s present incorporated form, or in any later reoryanized, consolidated, enlarged or reincorporated form. b. "Council": 'lhe pre~)(>nt governing body of the Cit. or' any future board cunstitutin<J the legislative body of the City. c. "Franchise Properly": All property owned, installed or used undl'r authority of Ulis franchi.se. d. "Cr;mlt..~I'": 'lhe pt~rHon or corporal ion to whom or which this tr..-mchise lS qrcHltt'u by tlll~ Council, and ttm lawful successor or dssilJnee thereof, and who or wtlictl has flled with the City an ,h:l:L'pt,ml~l' ref\~t rL'd t.o inSect ions 3 hereof. I'. "SlrL'l't": '111l' :;urf~h':L' at, ,md thL' 8paCl~ above and below any {).wlie ~;lft-~et, road, hi9hway, lr~way, lane, alley, court, :~l(h.~walk, pdrkw,IY, t:'asen1l.~nt, drive or other p..Iblic place now or ht~rl'dltl~r t-'xL,stintJ ..is suel1 within thl" City. f. "Ctlbh: Television System": Shall mean a system of antennas, (".ables, wir~H, lines, towers, wave guides, or any other conductors, convertl-!'rs, L"quipment or facilities, designed and l.."Onstructed for the purpose ot producing, receiving, arrplifying ant.! distributing, audio, video and other forms of (" lectronic or electrical si~nals. //J-// ; , q. "Sul)!_,cribE-"r~": AllY person ur entity receiving for any purposo:> tI\t~ Cahle Tplevlsion System ~erV1ce of the franchise herein. II. "Total Gross Receipts": Any and all compensation in any form p31d by the subscriber tu the Grantee arising from the sale of l)dsic <3ne! ....'tdy Cablf" Television servic-c to customers within the corporate limits of the City. Without limitation, total gross receipts sllall not include (a) uncollectible arrounts; (b) refunds or rebates made by Grantee; (c) revenues received as a direct reimburselTlt?nt of Grantee's expense in the operation of any access channels; (d) sales, ad valorem, or other types of .. add on" taxes, levies or fees calculated by gross receipts or gross revenues whicll Grantee mlght have to payor collect for Federal, Stat~ or local governlOOnt (exclusive of franchise fees provided for herein); (e) revenues received for advertising on GrantL"€' s loral or igination channel, to the extent of Grantee IS lhrect costs of operation of Grantee's system; and (f) Iloo-o~rating rE=venues such as income from operations flOt fL>y"uirinq use of a franchis~ or gain from sale of an asset. ~eet ion 2. FHMCIIISE GHAI~r. 'i1h~ tr<3nciJlse hereby granted by the City authorizes Ultronics, Inc., l;r,1IJt.t'.', :;uhJt'l'l t 0 tilL' provisions herein contained, to engage in the business \'1 op..>rdllf1tj dfHi providin'j a CaDle Television System in the City, and for that puqXJSt.' to t'rect, lllsta.ll, canst ruct, repai r, replace, reconstruct, mainta in ,md rt.~tdln in slrL'ets Buell pules, wires, cable, conductors, ducts, conduit VdUlt$, 1T\1nhob~~, ampltfiers, applianc~s, attaciunents, and other property as !MY DC nect.'s~.dry and appurtt'n,lnt to the cable Television Systems; and, in addit ion, so to U:1e, op:rott' and provide similar properties rented or loaned [rom other personti, firlTl!>, or corporations, for such purpose. Sect ion 3. DUHATION or' GHANr. u. 1he Frdnchise tjrantpd hereunder shall not become effective until the hapIRniny of following events: (1) 'UH' wr itten dCL~ptance hereof by the Grantee accepting all 01 t.hc' tt~ClI)S .1nd conditions of ttlis Franchise and agreeing tu lu-, bound U1t.:~rpby, deliveCt~d to the City in a form dpprovpd LJy lIw Ci t Y At torney. U) 'nw Illinq witt} t-l1e c()I11EJr,~I}I~llsivt~ liability St_'cl.lOI1 15(d) hl;:'[00[. City ut evidence insuranc(~ policy of a genernl as required in LJ. 'the t0rm 01 thiH Frdnchise shall l~ twenty-three (23) years, L"OIIJTkmcintj un ttll' ettectiv0 date of the Franchise as provided in pardyrd[~} (a) of this section, provided, however, that the term of this r'ranellist.~ muy be extended in accordance with the p[l.)c't~dlJres St't furth belt1W: J {)-),2. (J) 'lhe provisions of this franchise shall be subject to renegotiation every rive (5) years during the term of the Fr.ll1chise, including any exLensions thereof. These ren~gotiation optX)rtunities shall be referred to as "renegotiation intervals.. Renegotiation may be initiated upon written netice given by the City or Grantee to the other not less than one (1) year pc ior to the particular renegotiation intervaL Any renegotiation necessary shall lie directed towards effecting alterations in the terms and conditions of this franchise to reflect any significant changes which occurred during the interim period. U) If any renegotiation prior to the end of the term, including extensit.:ns of this Franchise, results in agreement bet\veen the Ci ty and Grantee, or if, alternatively, both pa.rties agree, at any renegotiation intervdl as defined above, that no renegotiation is needp.d or requirpd, then the term of this Franchise shall bt> ~xtl.:ondcd for an additional five (5) yeC'lrs by an appropriate action 01 the City Cbullcil. It any renegotiation fails to result in dgreement, the term shall not be extended unless the City Council so spe:ci(i~s by appropriate action. (3) 'nlis Franchise shall terminate without further dction by tile Ci ty at the end of 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 ordinance; provided, fur tiler , 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. 'lht~ Fr<tllchiUt~ rTkJY be t~rminatel1 dt any time by the City Cbuncil 111 the ~.'vent tIle Council stk1.11 have found, after notice and 11'~drln!), that: (I) 'I1H.' Grdnte(~ fai 18 to comply with any material provision of t.h i~; ^<Jret~I1"K~nl: how!Ner, terminat ion proceedings shall only be ctJrrunenced in d public rreetinl.j affording due process, if, ~! ter thirty (3U) days from written notification from the '"llY statlng with particularity the grounds upon which the Cily reli~s, Grantee fails to correct stated violation. In t.llt' tNt.'nt ttll' st(lted violation is not reasonably curable within thirty (30) days, termination proceedings shall not lit..' ctJlI'l'ItmC'~d if the Grd.ntet.! providQs, within the said thirLy (JU) days, a plan, satist,lctory to the City Manager to rt!l1k~dy 'the violatiun and continues to derronstrate good 1aith in seeking to correct said violation. IR-I;J (,:-1) Il shall nol b'.! a failure to comply with a material provision of this oruindncp for Grantee to comply with ..my ruh.'s and requlat ions of the Federal Communications l.'olTllnission, or any Federal or State re'Juldtory conunission or agency having jurisdiction over Grantee's operfltions or any f'eoeral or State law. (0) 'lhe Council's finding ot n\.itt.!riality' is subject to a de novo n....v iew by a C\.lurt of cOlrpet~nt jur isdiction; or U) Any provision hereof has become invalid or unenforceable, and the Council finds that such provision constituted a IT\dterial consideration to the qrant of this f'ranchise. The Grantee shall b.: given at least thirty (30) day's notice of any terr.linat.ion proceedings. Seclion 4. HA'l'l-:S, Section 5. 'lhe Grantee l;).:;lY establish its own rat.es and charges. FHANCHISE PAYMENTS. d. 'n,.: Grantee shall pay annually to the City, during the life of this franchise, and at the times hereinaft.ar specified, a sum of thr.:e p.:rc"nt (3\) of the total gross receipts of the Grantee until January, 1990, after which the rate shall be the greater of thr.:e percent (3\) of the total gross r~"eipts of Grantee or the rate then charged Cbx Cable for its franchise, subsequent to the periodic renegotiation of rate provision in Cox's franchiBe. Such pdyment by the Grantee shall be in lieu of dny occup.:Jt ion tax ur any other tax based up:m the gross receipts of l;rantee. (I, '{he Gr~mt\~(' sl'all file wit.h the City within ninety (90) days ,1tlL'r t.I\\~ expiro.1tinl) o[ ..my Cd ltmdar year during which this FrancI11Sl:' is in force, d verifi~d statement sho>oiing in appropriate detai.1 th~ total gross receipts, as defined herein, of <.;rantl~0, it~ mH:C\~Ssors ur assigns, during the preceding cal"nuM YC'dr. It shall be the duty of Grantee to pay to the City, witlnn filteen (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 yuartt!r ly .:stimat.:d paym'nts as deposi ts on the franchise pay",mt du.: for till> following year. Such quarterly estimated pay"..,nts are to be ""de to the City on or before JUne 30, ~eptemher 30, and lJecerrt>er 31 of each calendar year for that yeLlr I ~ t.~Ht irt\itet..l payments. Each estimated p1yment sh~ll be "I'M I to tWl'nty Ii Vl' perc"nt (25\) of the previously filed V"( If I I'd :H.ttt."....nt, r()Undl~tJ to whole, eVt.~n dollars. 'lhe fourth l~lyll1"lI( dIll' .II1.I.'r lilt.' lilinlJ of the ~lnnUdl verified ..,tatement. :;11.111 ddJw;t h)r ,111 t:>1~limc'ltt'J pdYmt~ntfi I1klde for that calendar r".1F . Itl-I'I c. In the eVt~nt. Grantee fa i ls to make the payment for tl": is Fr.J.nchist..' un ur u\~tQre the date due as hereinabove provided, Grantee shall pay as additional consideration a sum of nx.mey L'gual to one percent (1%) of the amount due for each month or fraction thereat during which the payment is due and unpaid, as int.(~r.:st dnd for 108S of use of the money due. d. No acceptance at any payment shall be construed as an accord that the arrount paid is, in fact, the {"orrect anDunt, nor shall such acceptance of payment be construed as a release of any claim which tile Ci ty may have for further or addi tiona1 sums p3yable under the provisions of this section. ,section 6. LIMI~\TIONS OF GRANT. a. No pr i v i. lE'ge or exempt ion is granted nr confer red by this Franchise except those specifically prescrioed herein or by .law. b. MY pnvilege claimed under this francllise by the Grantee in any str\'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 own proper occupancy. c. 'lhis r'r,mc..~hi::;L\ i.s <.1 privilege to L>t.:' held in pt:'rsondl trust by the original Grantee. It cannot in any event be transferred in part, dnd it is not to be sold, transferred, leased, assigned, or disposed of as a whole, wliether by forced sale, merger, consolidation, or otherwise', without prior \..:onSt'!nt of the City expressed by Hesolution, 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 transfer in trust, mortgage, or other hypothecation, as a whole, to secure ("m indebtednesG. '!he said {.'Cnsent of the City may not be arbitrar ily refused, provided, however, the proposed assjgnt~e must show financial resp:msibi1ity and must agree to comply with the provisions of this agreement. '1. Time is at the be re 1 ieveu of prUVH'ilOns by L'oll1pli.tI1ct>. essenc~ ot this franchise. '!he Grantee shall nQt its obligation to comply prompt.ly with any of its ,UIY taiJurL> ot tile City to enforct,l prompt. e. Arty r !ght or lx>wer in, or duty inpressed upon, any officer, employee. de!>,rtment, or board of the City, is subject to transfer by the City to any other officer, employee, department or Board of the City. /~. /f ,,~\ ',' '.t. "':... . ....,\:...'~." re.,.,,-..,\," --;'" ,J!, ',' '>":;"\~~'~".}'.:" :::\ ,;;I.',I::>::',:'~.,;:<':.~.,." ,:,";I~...." /"..,,~,~;'~', ',,;': ,'.' , "'~'''''' '. '., .. .," /Q':'~~Y~}~\"1:1~~)\ ,~t<'Y~'::'\'.,\:'.~Ji'\~~......~.~~,tt'~,1~'l\'1:)::,~,~,.,,~;~'~l;; \ ,~H.I.:~.:t,~,-\, "~}t..::~~:'\;."\\~, ~" --,~, ~....,:,;...1-';:\'I]a~:'..I'..: ~".>!"~""'" ~...;;.'-.\ ~;:'J.,.'~::, t~?" :,-,:'-'... ,J, ',' '.." ' ':',.' -, ":,"" . ,,":,'" ' .,-"', "'. ", "'" '\.'" ,-"j. .~.' , .:" t. Grdntee i$ subject to all requirements of the City ordinances, rules, regu lations, and spec if ications of the Ci ty, not inconsistent with this f'r;:mchise, heretofore or hereafter enacted or estaolished, including but not limited to, those L'ollcerning street work, street excavations, use, removal and re10cdtioll of pror);~rty wit.hin il ~t[eet, and othp[ street. work. . '. . 'J. 111i8 Franchise does not relieve the Grantee of any obligation involved in obtaining pole space fro," any department of the City, the utility companies or (rorll others ma.intaining poles in streets. ..< .' RIGHTS HESI::HVill 'J\) CITY. Section 7. ,. d. '11112'[0 is hereby reserved to t.he Ci ty every right and power which is required to be herein reserved or provided by any ordinance of the City, and the Grantee, by its acceptance of this ~'r~mchi5e, ag(l.~es to be bound thereby, and to comply with any acllon or requirell'lt:~nt of the City in its exercise of any such cilJhl or power, heretofore or hereafter enacted or established, " ~:. t... , " b. TI}i~ 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 Ci ty from grallting any identical, or similar franchise to any person or corj;X)ration other thun the Grantee. Section d. SEHVICES 'lD CI1~ AND PUULIC SCHOOLS. Grantee shall at jts own expense and without any cost to the City wt1atSQt'ver, provide and maintain the following faci lities and services to the City and Public Schools dS her~inafter provided: .. . .'1. One actIve cable television connection to each City unit (~.sigrhlteu llY th~ City Manager such <18 pol ice stations, fire :;t.itt.idll~:;, public librdries dlH.1 othtH City facilities within Grantee's franchlse arl'!<l that require dn aerial drop of 150 feet or less from the existing cable television distribution system. Grantt-~e shall not be r~luired to providt) the cable television distr l!}ut ion systt;~1n wi thin sd.id facil it i(!s: .., u. l)te ..h.:live c.:\lJle tt,~lcvision cOIUH:~tion to each puhlic ~len'lent.ary school site, secondary school site, college or univ~rsity site and educational administrativ~ 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 be required to provide the cable television distribution system within said facilities: ~~ Ill-If, .:,t,~ _',,\'~, "". ".}~~!"," -',," ~, ',,'- :"1~:( ,," , ..!L}j. ..' ,;.~,1_ , ::j~;, ,:~.' f '" ..'>" ~ ;':rjf~ " ~';.. ," '.\~1~.. . '.}:,:.~ "'" ,,\.",.:.~;;;.~ :~~~:r:. ;:~3''''' '~~~.,~ .\2If~, ~~.t!i~ -.:':.:.\..1. ','\.;'~ \tr: , 'I"~),~;' ';:~~:t. ..~.~",' '. -\!...: j,.,.< '~~i~ . ,"'J... .,.~~. "~"I ..,.<'~ ~ .:{~~~: :)<1t. ,~t~}, /~~:~ . ",": \. '-~ N ,',.'," ~<:' '{. ,,;.., ""'~ '" ,'. . "' \~" :~~..: ' '".'.:"". . :'!.:/ ~': ...;. .,.....' '':':'''\- ..';-f ,:,..;. ''1''-- .>; -.:.,:( u:, ,,, )~f ,.,\'. . , -''..: "0:0 \:. Cr.lnte0 ~;hall not charge the City or puolic school.s any fee for prov!dilll,J t.hl~ distt"ibut.ion uf vidt:"o irrn(j(~s or aUdio signals to dny at the bui.1dinfjs so connected; d. In the t..'Vt-..'llt that the C:i ty or school system desi r~:s addi t ional :;t'rvlce, tht-~ Grant.e\...' shall prnvide the basic cable outlet, ~;erVlC0:; d.r1lJ h.lruware, cllc)r9in{_~ the City ur Bel locI system the cictual V,H ldble cost to Grantee of such sL'rvices. \ 1 ! ". Grantee si)dll make availal>le without cost one channel for use by Local Governments in all of its San Diego franchises for the distribution of progralMling in the public interest. Grantee may provide interconnection of such channel with all other Glble 'l'elevision Systems operating pursuant to a franchise granted by City. I f Grantee operates d remote or perIMnent vehicle and cqui~""nt tor telecasting and video taping, Grantee shall provide origination service to City at such reasonable times and costs as are mutually agreed upon. f. Grantee shall JI'clke available without cost, one channel for use "y Publjc Schools in all of its San Diego franchises. As required by Grantee, the Public Schools shall save and hold hacmlE's::'~ Grantee t rom any USes made DY the Public Schools in the dl:;trltJution ot l-'roqramming. 1.1. Clty ~:;h<1.l1 Sdve and hold harrnle~s Grantee from any lJ.'3t:~S made by the City tn the distribution of prograrrrning in the pJblic inter\~st as provided for in .subsection (e) of thiF: section. h. Grantee shall make dvallable without cost, one channel for pJbl ic or corrununi ty access in all of its san Diego franchises in accordance with reasonable rules, regulations and conditions, provided, however, that to the extent that the Federal CO!J1T1unications lbrrmission (FCC) exercises jur isdiction as ~etennined by Federal statute or decisional law to be valid and appropriate, said access rules shall govern. !.:,-~lion 9. 'I'HANSFEj{ OF OWNI:.'HSJ! I P OR CCNTROL OF GRANTEE. Tn lhe I~vent the Grantee is a corporation, prior approval of the Ci ty Counci 1, expressed uy cesolut ion, shall be required when own~rship or control of tlJirty percent (3U%) or IOOre of the voting stock of Grantee is ao:juired by a 1Jt-'fSOn or a group of persons acting in concert, none of whom already own or control thirty percent (JO%) or H'Ore of the voting stock, singularly or collectively. /~.. /7 + Section 10. ESTABLISHMENT OF SERVICE. Installation of a CAW System shall be cOllunenced wi thin on.. hundred t'i\j!.ty (180) days dft~r the effective ate of this franchise, and extensions dnl] ~ervice pursued with due diligence thereafter. Pailure to so cOITll'l1ence and Jlliye-ntly pursue to completion shall be grounds for termination of this [rdnchis(~. Section 11. LOCA1'ION or' FRANCHISE PHOPERTIES. d. Franclnse property shall be constructed or installed in streets only at such locations dnd in slIch manner as shall be approved by the Su~rintendeflt of Streets, acting in the exercise of reasonable discretion. u. 1ne Franchise property shall be placed underground in all subdivisions which d[t~ subject to the provisions of t~e Qmla Vista Municipal Code. Section 12. ABANDON~,T OF SERVICE. a. After Grantee has established service pursuant to this Franchise, ~uch service shall not be suspended or abandoned in the whole of or any part of the Franchise area unless the suspension or abandonment is authorized by the City Q)uncil. b. "',..never Grantee shall file with the City Q)uncil a written application alleging that the public inter-st, 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 drea, the City Council, at a public hearing, shall take evidence upon that. question and shall make a finding with resf.)t;.'ct to it. Notice of tIle hearing shall be given by Grantee in writing to each Subscriber in the part of the Franchise area 1n qlll~stion at least fitte~n (l~) day prior to the date scheduled tor the hear ing. It tlw City Q)uncil shall find tl1at the public interest, convenience and necessi ty no longer requ i r~s that Grantee furnislJ serv ice, the Ci ty COUnci 1, after 1Jt;.'Uring as providl~d hert:>in, shall authorize suspension or abcandonment of service upon such reasonable terms and conditions as may be prescrio..d by the City Council. /I/--/T St~Ct. lun l J. OF FRANCHISE PRCPEH'fY OR CABLE SYS]'f:M lIPa; EXPIHATION OR nJ<MINATION OF Dr SPOSITION DlSTRmllTfON fRANCHISE. d. U"pon the termination uf this Franchise under Section J or 11 lJerL~f, the City ma.y purchase the cable television system, or any p.:lrt thereof, in dccordancc with subsectiun (b) of this section. 1f the City elects to purchase the system, or any part thereof., the Grantee shall promptly execute, upon receipt of the fair ffidrket value purchase price, all appropriate documents to transfer title to the City. lIpon acquisition of and payment for the system, oc any part thereof, the Grantee shall cooperate wi th the Ci ty. or wi th any other person author ized or directed oy the City to operate the system, in ma.ir.taining continuity of sL>rvice. nf)thil1~] h~n~ill is intendf'd as a waiver of any other ritJht~ the City may have. U. '1111? purcllase price to the City for the Granteels property shall be cietermined by agreement. or by arbitration as provided in subsection (e) hert'Of. 1\1t:' stanuard for detormining the price to be paid for ~.he property so aL'quired shall be that provided hy law affecting the fair market value of similar propertie3 applicable on the effective date of the plrchase. If the City does not purchasl~ the system, the Grantee shall deal with the part of the system located in the streets in accordance with provisions of subsections (c) and (d) of this section. c. In the ~VGnt that (1) the use of any f'ranc" ise property is discontinued tur any reason for a continuous period of twelve (12) months; or (l) the f'ranchise has been installed in any street wittlOUt complying with the requirements of this I"ranchi~l"; or (3) th~ Franchise has been terminated, surrendervd, cdncelled or has expired, and City has not exercised its fights pursuant to subsection (a) of this section, the Grantee shall promptly renXJve from t.he street all such property other th~n ~ny which the City Engineer may permit to be .:lI)andoned in place. In the event of any such rerroval, the Grantee Shnll prorrptly restore the street or other area from .....hich such property has been rerooved to d condItion satisfactory to the City ~ngineer. d. ~'rallchise property to be abandoned in place shall be abandoned in such filil.nner d~ the City l::ngineer shall prescribe. IP-I, e. In the event that arbitration is necessary to determine the plrchase pr ice to tile Ci ty for tne Grantee's property the parties rI'ldY clyree upon one arbitrator, but in the event that tht~y Cdlmot agree, there shall be three, one named in writing by eactJ ot the partie::; within fiEt~en (15) days after demand for arbitration is ~iven and a third chosen by the two appointed. Should either party refuse or neglect to join 1n the appointrrent ot the arbitrator(s) or to furnish the arbitrator(s) with any papers or informa.tion dem:3.nded, the arbitrator(s) are empowered by both parties to proceed ex parte. If there is only one arbitrator, his 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 judgment ....:onfirrning the award of the arbitrator(s) may be rendered by any SuperIor Court ha', in~ jur isdiction. Arbi trat ion hereunder shall be governed by the provisions of the California hrbitration Act, Section 1280 through 12-)4.2 of the Cbde of Civil Procedure. Each party shall bear the cost of its own dppointee und bear the cost equally for any drbitrator appointed by both parties. Section 14. CHANGlli HEQUIHED IJY PUlJLIC IMPRO\IEMENTS. The Grantee shall, at its expense, protect, support, temporarily di.scollnect, relocate ahove or below ground at Grantor's option in the sarre street, alley, or public place, or remoVe from any street, alley or public pl:ic~, any Frdnchi.:;c proptlLl' wh~JI leljuired oy the City l:..'ngineer by reason of Lr.'tEfic cOllultions, public safety, street vacation, freeway and street cOrlstr Jction, change or establishment at street grade', installation of sewers, drains, water pipes, power lines, signal lines, and tracks and of any other type ot structures or improvements by ':fovernmental agencies when acting in a governmental or proprietary capacity or any other structures or public iriVrove~nts; provided, however, that Grantee shall in all such coses have the privileges and be subject to the obligations to abandon Franchise property in place, as provided in Section l2(d) hereof. section 15. FAILUHE TO PERFORM STREE'l' WORK. Upon failure of the Grantee to complete any work required by the provision3 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 cauge such work to be done and the Grantee shall pay to the City the cost thereof in the itemized anx>unts reported by the City Engineer to the .Grantee, within thirty DO) 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 comnencement of such worl{. IP-':<O S~ction 16. FAITHFUL PERFOHI1ANCE BOND. The Grantee shall, within five (5) days after the award of this frdn\.~hise, fil....' with the Cit.y Clerk, and at all times thereafter maintain in full f8rCe and ette.....t, an ~~cceptaiJle corp::>rdte surety bond, in duplicate, in the wnount or FIV~ 1110usand Dollars ($5,000.00) effective for the entire term at this franchlse, and condItioned that in the event the Grantee shall fail to comply with anyone or more of lhe provisions of this franchise, then there shall be recoverable jointly 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 costs of removal or abandonment of property as prescribed by Section 5 hereof which may be in default, up to the full aroount of t.he bond: said condition to be a continuing obligation for the dur"tion of this franchise and thereafter until the Grantee has liquidated all of its obligatIOns with the City that may have arisen from the acceptance of this franchise by the Grantee or from its exercise or any privilege herein granted. Section 17. INDEMNIFICATION TO CITY. a. Grantee agrees that at all times during the existence of this Franchise it will maintain in force, furnish and file with the City a certificate of insurance evidencing, at its own expense, a general comprehensive liability insurance policy, naming the City as additional insured, in protection of CIty, its boards, commissions, officers, agents and employees, in a company authorized to do business' in the State of r:alifornia, and in form satisfactory to the City Attorney, protecting the City and srtid persons against liability for loss or damages for personal inJury, death and property damage occasioned by the operations of Grantee under this Franchise, with mininum 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. b. The policies mentioned in the foregoing paragraph shall contain a provision that a written notice of any cancellation or reduction in coverage of said ~Iicy 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. JP-;J.} c. Tn addition to the above policies Grantee shall agree to indemnify City, its boards, commissions, officers, agents and t~lIlployces, against all claims, demands, actions, suits and proceeding by others and against all liability to others, and against any loss, cost and expen.se 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. REGULATION OF SERVICE. Grantee shall: a. Operate the cable Television System authorized by this Franchise in accordance with the minimum technical standards set forth by tne FCC, tu the effect that the SUbscnber shall receive the best p:>ssible 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. Upcn complaint by Subscriber make a demonstration satisfactory to the City Manager or his designated representative that a siCJnal is being delivered which is of sufficient strength and qual ity to meet the said technical standards referenced to in (a) above. d. Render efficient service, 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 numtJer listed in the local telephone directory, and be so operated that reg'Jests for repair may be received 6.t 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 cable subscribers because of the income of the residents of the local area in which such yroup resides. I p ~.22 ; If a Subser iber is unable to obtain satisfactory resolution of a c0rnpL:nnt fIled with Grantee, the Subsrriber 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 COMMUNICATIOO WITH REX:;IJLA'l'ORY AGENCIES. Copies of all petitions, applications and communications of all types su~nitted by Grantee or City to the Federal Communications Oommission, california Public Utilities Commission, or any other Federal or State regulatory commission or agency having jurisdiction over any matter affecting operation of (jrClnt~ls Cable Television System 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. Se..:tlon 20. INSPR'nal O~ PRCPEHTY AND RECORDS. At all reasonable ti/;1es, the Grantee shall permit any duly authorized representative ot the City to examine all Franchise property, together with any appurtendnt property of the Grantee si tuated wi thin the Ci ty, 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 the dITOunts prescribed in Section 5. '!he Grantee shall prepare and furnish to tile 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 necessary or appropriate to the performance of any of the duties of the City or any of its officers and employees in connection with this Franchise. "!he Grantee shall, at all times, make and keep full and complete plans, maps, and records, showing the exact location of all Cable Television &ystem e<.juipment 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. 'Ihe Grantee shall noti fy 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 br inging of any action by ei ther . ,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 thiJ Agreement, the party in whose favor final judgment shall be entered shall be entitled to have and recover from the other party reasonable attorney's fees tu be fixed by the Court which shall have rendered the judgment. /~- .2;3 1 party. section 22. MI SCELLANrouS PROVI SIOOS. a. All notices herein provided for ""'y be by prepaid registered or certified mail addressed to the parties as follows: TO TH~ CrIT: WITH copy TC: Ci tJ' Clerk 7.76 Fourth Avenue Chula Vista, CA 92010 Thomas J. Harron City Attorney 276 ,'ourtn Avenue Chula Vista, LA 92010 TC THE GRANTEE: WITH COPY TC: Ultronics, Inc. 7777 Alvarado Rd., Suite 700 La Mesa, CA 92041 and shall be considered 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. TI,e 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(<:] for the subscriber'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 during the term of this tranchise agreement. Both parties agree to discuss and consider entering into mutually advantageous joint ventures to prOO1Ote business or other non-entertainment use3 of the cable system, which discussion may include City taxatlon and bonding powers. 1IJis discussion and consideration may be initiated by either party upon a minir,um ot 30 days written notice, with a proposed agenda to be included. This 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 Ci ty in a manner which is mutually advantageous and acceptable to both the Grantee and the City. /~-;J. i d. Not withstanding any other provisions of this agreement, Grantee shall at all tirres comply with all State and Froeral 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 ter~s 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. EXECUTED THIS day of SePtember 19~ 15t~ CITY or' CHULA VISTA a Municipal Corporation UL'ffictHCS, INC. By: J1 ~ ~ Gre";~, Mayor '21l11/:i; ,,(" ~..-n1 -'1 1 It ;f-'/Ix .-#"" tilrrh<-<,'-<- By: ATTEST: J~~.]~~~ C Y of Chula Vista Approved as to form ,)L..-'---' D. Richard RUdolf, Assistant City Atto \/PC 1696A IR-.l~ \;tTTrtC HI11E11/TFOUJ{1 September 9, 1991 TO: Councilman Jerry Rindone FROM: John D. Goss, City Manager SUBJECT: Questions Raised Regarding September 10 Council Agenda Item Chula Vista Cable 1. List all cities in San Diego County with franchise cable contracts, their appropriate franchise company or companies, and the term of each cable franchise (number of years). Attached is a chart which lists those franchises for cities in the County with a population of 50,000 or over. 2. Do any of the franchise cable contracts in San Diego County have provisions regarding "possessory interest taxes?" None of the franchises for the cities surveyed address the issue of "possessory interest taxes". 3. When the Chula Vista Cable franchise was granted in 1987, was it reasonable to include the provisions on possessory interest tax? The "possessory interest" issue arose, in relation to cable television companies, during the late 1970' 's and early 1980's. Since the Chula Vista Cable franchise was granted in 1987, it would have been appropriate at that time to include a provision regarding possessory interest tax. 4. On page 9-2, staff indicates that the issue of possessory interest taxes was not addressed in the original franchise agreement and there is a legitimate question as to who bears the responsibility for payment. Please explain. Section 107.6 of the Revenue and Taxation Code, a copy of which is attached, provides that a city, when entering into a contract with a private party which may create an interest subject to a possessory interest tax, must include a written "disclaimer" in the contract notifying the private party that a possible possessory interest is being created and may be subject to taxation ("Disclaimer Notice"). ItJ-.2? Failure to do so does not invalidate the contract. But it gives the private party a cause of action for damages against the City if he can show that, without the Disclaimer Notice, he had no actual knowledge of the taxability of the interest. We believe that, at the time the Ultronics franchise was granted in 1987, it was common industry knowledge that a cable franchise was such an agreement that would give rise to a possessory interest tax. After all, in 1984, Cox Cable was able to require that the City of San Diego pay for its possessory interest taxation as a result of their failure to put the "disclaimer notice" language in the franchise. However, if Mr. Altbaum can establish that he had no actual notice of the taxability of the franchise agreement, he could sue the City for the amount of the tax. If we could establish that Mr. Altbaum had actual knowledge, he would lose, and be required to pay the tax himself. The uncertainty of that knowledge is why there is a legitimate question as to who bears the responsibility for payment of the possessory tax. 5. Why was Chula Vista Cable given an additional 6 months time schedule in which to pay past due franchise fees? When taxes are due to the IRS, they must be paid immediately but under protest if there is a pending legal question. Now the legal issues have been resolved. Why provide an additional interest free six months to pay the already due franchise fees? There were several reasons for staff recommending an additional six months time schedule for Chula Vista Cable to pay the past due franchise fees: a. Mr. Altbaum indicated it would be a financial hardship for his firm to pay the total amount due immediately. b. This was a negotiated item. In return for waiving the interest and providing a payment schedule, the City resolved a clearly litigable issue and eliminated any liability for future possessory interest taxes. c. There is an interest in keeping at least somewhat of a competitive situation in order to keep cable rates down. 6. Besides the potential loss of $950 in interest to the City as proposed by staff, how much cost of staff time was necessary to reach the current agreement with Chula Vista Cable? Including full cost recovery, approximately $4,000 of staff time wa spent on the proposed agreement. /~-..2 7 1- SURVEY OF FRANCHXSE AGREEMENTS XN CXTXES WXTH POPULATXON OVER 50,000 CXTY FRANCHXSE CABLE TERM OF FRANCHXSE CONTRACTS National City Cox 20 years + 5 year extension Ultronics 20 years City of San Diego Cox 30 years + 20 year extension Southwestern 30 years + 20 year extension Escondido Dimension 30 years Oceanside Info Not Available El Cajon Cox 20 years Santee Cox 20 years La Mesa Cox 30 years Carlsbad Daniels 25 years Vista Info Not Available Chula Vista Cox 25 years + 5 year extensions to a maximum of 50 years Chula Vista Cable 23 years + 5 year extensions to a maximum of 48 years B:I(MISC)\FRANCHSE /~'.2T EXCERPT FROM CALIFORNIA REVENUE AND TAXATION CODE section 107.6. Possessory interest; inclusion of statement in contract between public entity and private party that such interest may be created; liability for tax; damages (a) The state or any local public entity of government, when entering into a written contract with a private party whereby a possessory interest subject to property taxation may be created, shall include, or cause to be included, in such contract, a statement that such property interest may be subject to property taxation if created, and that the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on such interest. (b) Failure to comply with the requirements of this section shall not be construed to invalidate the contract. The private party may recover damages from the contracting state or local public entity, where the private party can show that without the notice, he had no actual knowledge of the existence of a possessory interest tax. The Drivate Dartv is rebuttably Dresumed to have no such actual knowledae. In order to show damaaes. the Drivate Dartv need not show that he would not have entered the contract but for the failure of notice. (c) For purposes of this section: (1) "Possessory interest" means any interest described in section 107 and shall include any interest described in section 107.4. (2) "Local public entity" shall have the same meaning as that set forth in section 900.4 of the Government Code and shall include school districts and community college districts. (3) "State" means the state and any state agency as defined in Section 11000 of the Government Code and Section 89000 of the Education Code. (4) "Damages" mean the amount of the possessory interest tax for the term of the contract. jtJ.,:;" RESOLUTION NO. )(P3'15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SETTLEMENT AGREEMENT, RELEASE AND MODIFICATION WITH CHULA VISTA CABLE AND AUTHORIZING THE MAYOR TO EXECUTE SAID 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, the City Council approved an assignment of the Cable Television Franchise from Ultronics to Chula vista Cable; and 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. 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. 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. Lyman Christopher, Director of Finance 9254a m by ufl Presented by lty Attorney ItJ;,.31 COUNCIL AGENOA STATEMENT ITEM TITLE: Item / I Meeting Date 9/1779f Resolution j 1..~lJ.~ Approving Grant Application for San Diego County's Recycling Technical Assistance Program. SUBMITTED BY: Athena Lee Bradley, C?,nservation Coordinator City Manager.JC:t O~V (4/5ths Vote: Yes_ No"':"'.J REVIEWED BY: BACKGROUND: On April 26, 1990, the City Council of Chula Vista adopted a policy on recycling and integrated waste management which establishes a wastestream diversion goal of 30 percent by 1992. In February, 1991, curbside recycling service was expanded to all single family residences in the City; in July, 1991, a multi- material office recycl ing program was establ ished for almost 8],5- City employees (full-time equivalent). The City currently has no formal commercial or industrial recycling programs other than the in-house program for Civic Center employees and the Business Recycling Outreach Project. The Business Recycling Outreach Project involves the targeting by City staff of twelve Chula Vista businesses for set-up of in-house recycling programs. This project, as well as the proposed projects outlined in this report, will provide a strong foundational basis for the development of the Citywide commercial and industrial recycling programs. This report describes three commercial and industrial recycling projects proposed in the City for FY 1991-92 for which County grant funds are being requested. RECOMMENDATION: That Council: Approve reso 1 ut ion for County of San Diego Recyc 1 i ng Techn i ca 1 Ass i stance Program grant application and authorize City Manager to execute. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission reviewed this report at its September 9th, 1991 meeting and supported the grant application, although no formal motion was made. Minutes from that meeting are attached (Attachment A). DISCUSSION: The County of San Diego, through its Recycling Technical Assistance Program (TAP), has made available $525,000 for this fiscal year to promote commercial and industrial recycling programs, facilities, and activities. Last year, the City was awarded a TAP grant of $15,000 to implement the Model Office Recycling Program and Business Recycling Outreach Project. As Council is aware a multi- material recycling program was established for all Civic Center offices in July. As a part of this model program, staff has developed an office recycling guide \ \.. \ to be d i stri buted to area bus i nesses, and will target twe 1 ve (12) area bus inesses for set-up of recycling programs. The Chamber of Commerce and Scripps Memorial Hospital are the first two businesses to participate in the Outreach Project. It is the intent of staff to coordinate and expand upon current commercial and industrial recycling activities in Chula Vista, and to, again, apply for funding from the County's Recycling Technical Assistance Program. The following projects are proposed to be developed if the grant is awarded: 1) Office Recycling Project; 2) Service and Hospitality Recycling Project; and 3) Industrial Recycling Project and Materials Exchange Bank. Pro,iect Descriptions 1. Office Recyc I ing Project This project will expand upon Chula Vista's awarded TAP Grant 1991, Model Office Recycling Program and Business Recycling Outreach Project, to allow targeting of twenty (20) additional offices for complete recycling program consultation. The Office Recycling Guide, developed under the City's Model Office Recycling Program will also be distributed to additional offices. Continued development of the business recycling database begun under the TAP 1991 award will also occur. Additional information on procurement, source reduction, and recycling collection services distributed. 2. Service and Hospita lity Recycling Project This project will involve the development of a "Guide for Restaurant and Hosp ita 1 ity Recyc 1 i ng," focus i ng on spec ifi c waste needs for these establishments; market specifications required; and collection characteristics pertinent to these types of establishments. Vendor lists for recycling equipment and area recycling collection providers will also be included in the guide. Ten (10) establishments will be targeted for consultation and program set-up in the City. Restaurants, bars, and mote 1 s wi 11 be targeted. A bas i c tra ini ng will be deve loped that can be given to managers and supervisors. Again, both the Guide and the trainings would focus on specific characteristics inherent in the service/hospitality industry. 3. Industria 1 Recyc ling Project This project will involve development of a "Guide for Industrial Recycling" to include a complete listing of what is recyclable for industries, specifically demolition and construction debris; vendors lists for equipment and area processors; material specifications, contaminants, etc. The focus will be on the South Bay (particularly Chula Vista) for industrial needs, but list demolition recyclers for all of County. \\,1- Marketing tips; procurement; and market development will also be explored. A Materials Exchange Bank will also be developed in order to survey for materi a 1 by-products ("wastes") of manufacturing that cou 1 d be ut i1 i zed as feedstock by other industries. A list of industries that utilize or could potentially utilize industrial by-products in their manufacturing process, as well as those industries generating the material wastes will be developed and distributed. The City will work in conjunction with the State's new CALMAX materials exchange program, in order to create an even greater market deve lopment opportun ity for Chu 1 a Vi sta bus i nesses and industries. A baseline of industries and recycling activities in Chula Vista will also be established. Grant Requirements As required in the previous grant cycle, the City must have adopted waste diversion goals of 30% by 1992 consistent with County goals. Council policy #530- 01 adopted 4-26-90 regard ing "Recyc 1 i ng and Integrated Waste Management" out 1 ines the City's intent and recognition of the need for serious waste diversion activities (see, Attachment B). It is also required under the County's Technical Assistance Grant Program that matching funds of 50 percent be appropriated for projects receiving grant funds. At least 25 percent of these funds must be in the form of cash or capital outlays ("hard match") and 25 percent as "soft match," such as in-kind donation of services. The "soft match" will be in the form of staff work on the proposed project (10 percent of the Conservation Coordinator's time). If awarded the grant, staff will return to Council to accept the grant and address the approximate $4,260 "hard match." Approximately $3,800 of this funding request are available and appropriated from monies received from the County Solid Waste Enterprise Fund in Fiscal Year 1990-91. Since Enterprise Funds must be ut il ized for recyc 1 ing or compost i ng programs, the use of these funds for this grant is proper. The remaining matching funds could be taken from the currently appropriated budget for the Environmental Management Unit or could be appropri ated from the Waste Management Trust Fund recent ly estab 1 i shed by Counci 1. The due date for the grant application submittal is September 27, 1991 by 3:00 pm. A copy of the grant application will be on file in the City Manager's office as of September 16th. Attachment C is a copy of the cover sheet to be submitted with the grant application. FISCAL IMPACT: There is no fiscal impact as a result of this action. If the grant application is approved by the County, any matching funds required which are not currently appropriated would be the subject of a future City Council appropriation request. \\, ::'/II-~ /':Jlj/., RESOLUTION NO. RESOLUTION OF THE CITY CHULA VISTA APPROVING SAN DIEGO COUNTY'S ASSISTANCE PROGRAM COUNCIL OF THE CITY OF GRANT APPLICATION FOR RECYCLING TECHNICAL The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on April 26, Vista adopted a policy on management which establishes a by 1992; and 1990, the Ci ty Co unci 1 of Chula recycling and integrated waste wastestream diversion goal of 30% WHEREAS, in February, 1991, curbside recycling service was expanded to all single family residences in the City; in JUly, 1991, a multi-material office recycling program was established for almost 600 City employees; and WHEREAS, the City currently has no industrial recycling programs other than the Civic Center employees and the Business Program; and formal commercial or in-house program for Recycling Outreach WHEREAS, the following projects are proposed to be developed if the grant is awarded: (1) Office Recycling Project (2) Service and Hospitality Recycling Project and (3) Industrial Recycling Project and Materials Exchange Bank; and WHEREAS, as required in the previous City must have adopted waste diversion goals consistent with County goals; and grant cycle, of 30% by the 1992 WHEREAS, Council Policy regarding "Recycling and Integrated the City's intent and recognition of diversion activities; and #530-01 adopted 4-26-90 Waste Management" outlines the need for serious waste WHEREAS, it is also required under the County's Technical Assistance Grant Program that matching funds of 50% be appropriated for projects receiving grant funds with at least 25% of these funds in the form of cash or capital outlays ("hard match") and 25% as "soft match", such as in-kind donation of services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Grant Application for San Diego County's Recycling Technical Assistance Program and authorize the City Manager to execute the appli tion. Presented by Athena Lee Bradley, Conservation Coordinator 9271a d, City Attorney /1-5 ATTACHMENT A MINUTES OF A SCHEDULED REGULAR MEETING Resource Conservation Commission Chula Vista, California 6:00 p.m. Monday, September 9, 1991 Conference Room 2 Public Services Building CALI. MEETING TO ORDER/ROLL CALL: The meeting was called to order with a quorum at 6:00 p.m. by Chairman Robert Fox. City Environmental Review Coordinator Doug Reid called the roll. Present: Absent: Staff Present: Commissioners Fox, Hall, Ghougassian, Kracha, McQuade Commissioners Ray and Johnson Douglas Reid, Athena Bradley, and MaryAnn Miller Also in attendance were representatives of Dudeck and Associates. APPROVAL OF MINUTES: A motion was made to approve the minutes of the July 22, 1991, as presented. It was seconded and passed. It was clarified that election of officers will be at the next meeting. 1. CHULA VISTA'S CURBSIDE RECYCLING PROGRAM OUARTERLY UPDATE The report given by Athena Bradley included proposal of a maximum of 10 collectors working in the City so there could be a good monitoring system and yet have open competition. These haulers would be approved by permit. She stressed the need for monitoring and stated in the RFP she would make a set of guidelines and would submit the cost estimation of the hauler and the business would be recommended which would guarantee a price for 1-2 years. Price gouging could be avoided by setting a level of gross receipts. Monitoring would also enable businesses to have the same services. The aim is for a separate program for multi-family dealings with the possible building of a processing facility. With AB 939, the waste must be reduced. Regarding greens recycling, composting sites at the landfill were suggested. Commissioners Ghougassian and Fox questioned the need for further staff and whether there is justification for charging customers. Response by Ms. Bradley indicated all monies collected would go back into the recycling program. Commissioner Ghougassian moved that the Commission consider the material again and, if need be, come up with a vote on certain issues and submit them to City Council. Jackie McQuade seconded this motion. \\-l RCC -2- September 9, 1991 Discussion concerned the constitutionality of monitoring fees. Commissioner Kracha wanted to make note that the RCC has serious questions regarding monitoring. Response by Ms. Bradley was that only the grant presentation will be brought to Council and the Commission will be given more time to review the document and present written recommendations. The motion previously made by Commissioner Ghougassian was withdrawn. 2. SCRIPPS EIR lEIR-9O-Q7) The Scripps EIR report was presented by MaryAnn Miller. Commissioner Kracha abstained from any vote and staff member Reid stepped down because of a conflict of interest. The EIR preparers from Dudeck and Associates were introduced. Commissioner Hall voiced concern on the "G" Street entrance being used as an emergency entrance because of the noise impact on surrounding residents, though the primary entrance will be on "H" Street. Commissioner Kracha stressed the strong need for the medical facility of Scripps because of the influx of people at EastLake and felt the approval of the EIR was essential. Phase 1 of the facility is due to begin in 1992, with 10-15 years for fun build-out. MOTION: Chairman Fox moved that it be recommended to the Planning Commission to certify the recirculated draft EIR 90-07 as presented. It was seconded and passed. MOTION: Commissioner Hall moved to recommend no "G" Street access. Chairman Fox seconded. Discussion included finding of no significant environmental impact, no objection if not used as a regular access for ambulances, but noise accepted as an impact. If safety is involved, the Planning Commission will take that into consideration. Vote on the motion failed on 2-2-1 vote. 3. REVIEW OF NEGATIVE DECLARATIONS: 3a. IS-91-39 - Jogging trailIbicycle path at the west end adjacent to Sweetwater Road and Willow. Staff member Reid recommended that this be adopted as there is no significant . impact. It was so moved, seconded and passed. 3b. IS-92-01 - Rancho del Rey - 5 sites designated to have churches or parks. Member Ghougassian moved that findings are of insignificant impact. Member Kracha seconded the motion. Passed. \\- ~ "ATTACHMENT B" COUNCIL POLICY CITY OF CHUlA VISTA SUBJEcr RECYCLING AND INTEGRATED WASTE MANAGEMENT POLICY NUMBER EFFECTIVE DATE PN:E 530-01 4-26-90 1 of 3 ADOPTED BY: Resolution No. 15600 DATED: 04-26-90 BACKGROUND The City Council recognizes the importance of preserving limited and increasing valuable landfill space, conserving natural resources and protecting the environment. Public resistance to the expansion of existing landfills or to the siting of new landfills and resource recovery facilities is adding to the difficulty in resolving the crisis. Currently the City of Chu1a Vista generates over 200,000 tons per year of waste which is disposed of in a County landfill. The San Diego County Board of Supervisors has adopted a 30% waste reduction goal for all waste entering County-owned landfills by the year 1992. In addition, recent State legislation has required that cities establish and implement recycling and source reduction plans which would achieve a waste diversion goal of 25% by the year 1995 and 50% by the year 200D. It is necessary for the City to work cooperatively in achieving the source reduction and waste diversion goals and optimize the use of the remaining disposal capacity. That capacity should be reserved only for the disposal of materials for which there are no viable disposal alternatives. The recycling of solid waste offers potential for diverting significant amounts of waste from 1 andfi 11 di sposa 1. Additi ona lly, recyc 1 i ng programs can be implemented in less time and at a lower capital cost than traditional solid waste management facilities. However, it is important to recognize that recycling is oh1y one component of an integrated waste management system wherein other techniques such as source reduction, composting, and alternative technologies are utilized in order to reduce the amount of wastes which ultimately must be disposed of in the landfill. As such, recycling should play an increasingly important role in the City's overall integrated waste management strategy since recycling can divert materials from landfill disposal, conserve energy and natural resources, preserve open space and create employment opportuniti es. In developing and implementing a recycling policy, the City Council recognizes limitations placed on recycling by fluctuating markets, changes in waste stream composition, and changes in recycling technology. Therefore, the City's comprehensive recycling program will continually balance materials recovery goals with cost effectiveness during the life of the programs. \\-q COUNCn.. POLICY CITY OF aruLA VISTA SUBJECf POLICY NUMBER EFFECflVE DATE P.N:E RECYCLING AND INTEGRATED WASTE MANAGEMENT 530-01 4-26-90 2 of 3 'ADOPTED BY: Resolution No. 15600 DATED: 04-26-90 PURPOSE Because of the many benefi ts whi ch can be deri ved from an effecti ve recycling program, it is important that a strong "recycling ethic" be developed and supported by City elected officials, administrators, planners, and the general public. The purpose of this policy is to express the City's cOl1l11itment to recycling as an integrated part of an integrated waste management strategy and to provide guidance to the City Manager and the City's operating departments in the development and implementation of the City-wide recycling program. POLICY The City Council establishes the following policy concerning a comprehensive recycling component to an integrated waste management system whi ch wi 11 be intended to optimi ze the recovery and the reuse of recoverable resources: 1. Recycling Goal It is the policy of the City that a comprehensive recycling program be developed and implemented with the goal of diverting a minimum of 30% of the solid wastes generated in the City of Chula Vista by 1992. 2. Recycling and Source Reduction Plan a. Public Education The degree of success in recycl ing programs, as measured by the level of participation and the amount of materials recycled, is directly proportional to the quantity and quality of recycling information disseminated to the public. It is the policy of the City to actively promote the dissemination of recycling information to the citizens of the City as well as to provide incentives to encourage the implementation of and participation in recycling programs. b. Public Convenience It is the pol icy of the City that the convenience of the public in participating in recycling programs be taken into consideration in the design of the City's program. \\-lO ..._. VI"' ~ nn ......."".........._ n.......: _ . " COUNCIL POLICY CITY OF CHULA VISTA SUBJECf RECYCLING AND INTEGRATED WASTE MANAGEMENT POLICY NUMBER EFFECTIVE DATE PAm 530-01 4-26-90 3 of 3 ADOPTED BY: Resol uti on No. 15600 DATEn): 04-26-90 c. Procurement and Market Development It is the pol icy of the City to encourage the de vel opment of stable markets for traditional and non-traditional recycled materials by establishing appropriate guidelines. To this end, the City will consider factors other than lowest cost when evaluating product needs which could be met by items manufactured from secondary materials. d. Recycl i ng Programs It is the policy of the City to consider recycling programs as alternatives to existing solid waste management and disposal programs, and as such, recycling programs shall not be expected to operate solely on revenues generated from the sale of recovered materials. In evaluating the costs of recycling programs, consideration shall be given to the quantities of materials diverted from landfill disposal and the marginal costs of traditional collection and disposal methods. 3. Legislation It is the policy of the City to support State and Federal legislation that encourages recycling, removes barriers to recycling, promotes funding for local recycling programs, or promotes waste reduction. At the same time, the City will oppose legislation which would reduce local control and autonomy in dealing effectively with its responsibilities for integrated waste management. 4. Recycling Program Review Staff will report to the City Council on an annual basis regarding the City's progress in the implementation of the recycling programs and the achievement of the recycling goals identified in this policy. \\-\\ [X Offices [:] New File No. Commercial and Industrial ~ Bars/Restaurants !]I Groceries /Retail Recycling Grants ~ Waste Exchange [!] Existing Innovative o In House ~)o~ct Title 1) UTn ce Kecyc 11 ng t'roJec L Amount Requested erV1ce and Hospitality Recycling Project 3) Industrial Recycling Project $23,976.00 County of San Diego Attachment (C) Recycling Technical Assistance Cover Sheet c Applicant's Name, Mailing Address, Zip Code City of Chula Vista, 276 Fo~rth Avenue, Chula Vista, CA 91910 Applicant's Street Address, if Different from Mailing Address N/A Name & Title of Person with Daily Responsibility for Project Area Code & Phone No. Athena Lee Bradley, Conservation Coordinator (619) 691-5031 Street Address of Project Site Square Feet ~ote: W1 (I prg~L~u oT!1ces, ,il} res Throughout the City cannot speci fy at taurants/motels/hospitals; and area this time industrial/demolition sites. ~es of Materials Collectecj :yd/or Proceiflid Collection, processing and/or transrertation method 1 designated mater1a sunder e In-house, intermediatet ex erior bins for arranged County Mandatory Recycling Ordinance hauler or in-house col ection; transport to protes Commencement Date Estimated Tonnage Recycled Per Year January 1992 9,530 sor. 1 ) . D~scription of Proj:!osed Project (Limited to this Page) Expand upon Chula V1sta s MOdel Office Recycling Program (TAP '91) ro target an additional 20 offices for recycling program development. Distribute an additional 200 copies of the Office Recycling Guidebook. Target 10 service establishments (restaurant, motel, hospital) for program set-up; develop and distribute recycling guidebook to 150 establishments. Target all area industrial, construction and demolition sites to prepare for October 1992 mandatory recycling date; develo~ and distribute guidebook. Establish Materials Exchange Bank, work in conjunction with CALMAX Program. All projects will include source reduction and procurement, as well as continued development of business recycling data base. 2) 3) Certification Under penalty of perjury, I hereby certify that Applicant has met, or will meet, all federal, state, and local envi- ronmental, affirmative action, and clearinghouse requirements and all other appropriate codes, laws and regula- tions prior to the expenditure of the grant funds. I further certify that Applicant fully understands that the County of San Diego will not assume any responsibility to ensure compliance with any federal, state or local codes, laws or regulations, but that the County may conduct an onsite audit and investigation to ensure compliance. John D. Goss Name of Authorized Person City Manager Title Signature Date The following information will be completed by evaluation staff: Date Application Received Date of Acknowledgement to Applicant Amount Granted Contract No. 1812BA GIMtCcwSI'IMC \\-\1- Wednesday, Sept. 11, 1991 City Attorney's Hit Letter James Morgan Sr. and Jr. returned to the J Street dock by boat from Neptune's Palace at approximately 11 A.M. on Wednesday Sept. 11, 1991; they discovered that someone had emptied a sack of trash into their 1989 chevrolet pickup. A man about 50 who is often seen in the park told Morgan Sr. that a park employee dumped the trash into the pickup. Jim Sr. made a phone call to Home Crafts, and then he and Jim Jr. began cleanings out the pickup, and putting the trash into a trash barrel; the park employee believed responsible for dumping the trash into the pickup came running towards the pickup and ordered us to stop. The employee was abusive and Jim Sr. said he would call the police and have the matter settled. Police Officer, C.M. Isabelle, arrived on the scene, and 3 park employees came over and told her that they had a letter from the Chula Vista city attorney stating that Jim Morgan was violating the law by depositing trash into any of the 20 barrels in the J Street parking lot. Jim Morgan stated that it is obvious that the barrels were placed near the dock and parking lot for people to deposit trash into -- then why else would the barrels be there, and why would the trash be picked up each day by park employees. Morgan also pointed out that most of the trash in the barrels was deposited from boats using the launching ramp and docks. Park employee, Emillio Loredo, maintained that the park employees had received instructions and copies of a letter to James Morgan ordering him to not put trash into the barrels or he would be arrested Emillio told Officer Isabelle to stay at the scene while he drove to the park maintenance office and brought back copies that the park employees had received from the Chula Vista City Attorney; he returned in approximately 15 minutes and showed the letter and a copy of an ordinance to Officer Isabelle. Jim Sr. said the ordinance applied to (?.;(/i )- /' ) / ( ()/"///'II /J/'c~';;:/t//1./ people dumping trash on public property and in no Iway was it intended to stop people in boats from using the trash barrels. Officer Isabelle said she would issue a ticket the next time the trash incident occurred; Jim Sr. said: " Issue me a ticket now, I will put the trash in a plastic bag and we will test the city attorney's application of the ordinance in Court". Emillio Laredo got a plastic bag and watched Jim Morgan place the said trash into it. Officer Isabelle was still reluctant to issue a ticket; therefore her superior officer Don Rhodes was called to the scene. Officer Rhodes questioned the 3 park employees, Amillio Loredo, Chris J. Johnson, and John Rubinowski. Jim Sr. said John Rubinowski was the most obnoxious, and was the one who ordered him to not place the trash back into the barrel. Officer Isabelle then issued James Morgan Sr. a ticket to test the city attorney's letter and ordinance in court. The following day, Jim Morgan, picked up a bag of trash someone had left in the park apparently from the day before and emptied it into a trash barrel. John Rubinowski again came running over with a tool in his hands and Jim Sr. and Emillio had words. Rubinowski dug through the trash barrel and showed Morgan a WD-40 can that was completely empty and had apparently been rinsed out with water. Emillio said he was going to call the fire and police departments. Morgan said he could not afford to waste time like park employees because he had a number of workers he had to transport to work, but if the fire or police department wanted to speak to him, he would be back in at 5 P.M. The following morning, the park workers were not seen around the J street dock, but at 5 P.M. when Morgan and the workers returned to their vehicles, Morgan's left rear tire had been slashed. Sending copies of the city attorney's letter to people with the mentality of some park employees was a stupid thing to do; dumping trash into someone's vehicle could easily have resulted in a fight, stabbing, or shooting with someone less restrained than the Morgans. Sending out copies of the letter is similar to an outlaw bike gang putting a persons name on a hit list bulletin board knowing that eager gang prospects would take care of the matter. All 3 park employees refused to give their names until ordered to do so by Officer Isabelle. I would like to appear before you at your next meeting and present evidence that your fire department was involved in setting an arson fire and the police department refused to investigate. James W. Morgan Sr. $ 1 I , The City of Chula Vi5ta i PoIit. ~partmenl 276 FburthAvenae, ChuIaVist.,~~~ i"t.'I:~, ';'., DON RHODQ PEACE OFFcel ,j.,t ".., -~- Patrol Divi$ion jjQ!./jI~l ., , -'---..--....-, --., -.---,.- ~._~~~ 'qHULAVIST"POLIQI~"''''nJMENT ' Y042500~J .:r~ TQ .,..~ '. No. '> .. "1 '. ,,,.'.~ NGllTIW'I'IC' 0 M"DEM~_ ", 58-= ',i~ '" I i , I '1 J ...... r'~7" :~~'J~~ r,..."".,:_""" ~'i'j,:: I ' - oP A....STIN. OI'PICER,PEASON IF DlPFERENT ""'" ABOVE b. A D (' III IOf ;t' All .... RSE SID ' '~"" , copy i."" .'. ',,' :: .c. "-<"'1'~', ".~ .1i4,..,..v.. _ . COUNCIL AGENDA STATEMENT Item 102... Meeting Date 9/17/91 ITEM TITLE Amending FY 1991-92 Budget and providing for the appropriation of funds. for salar)!, fring~ benefits increase and other related ,tems (f.' ,', ,,!,~,' ,i, ',' City Mana9~ ' 4/5 Vote; Yes---L No_ SUBMITTED BY BACKGROUND When the FY 1991-92 budget was approved by Council, there remained many questions regarding the impact of the State's budget. That impact has largely, although not completely, been determined and it is requested that Council amend the budget to include the correct amounts for salary and benefit changes, other miscellaneous amendments and, as requested, return to the "Wish List" to determine if any items should be included in the amendment. In addition, the Council approved salary increase of 5% for all employees must be appropriated. As a result of these adjustments, it is recommended that the originally approved budget of $49,359,449 be increased to $50,604,992. There are sufficient estimated revenues to balance this proposed budget. BOARDS/COMMISSIONS RECOMMENDATION N.A. RECOMMENDATION Adopt resolution amending FY 1991-92 budget. DISCUSSION Upon adoption of the FY 1991-92 budget, there remained several open issues which needed to be resolved. The greatest concern was the possible impact of the State's budget deficit. The State budget has been approved and an understanding of its impact on the City of Chula Vista has mostly been determined, although information is still being pursued on State legislative action affecting retirement costs (PERS). With that one exception, staff has determined the actual impact on both revenues and expenditures of all other adjustments and is requesting that the budget be amended to include the updated figures. This amendment includes a revision to the revenue projections for this fiscal year as well as additional changes to appropriations as a result of salary and benefit increases, program changes and some administrative corrections. /:2 - / Page 2, Item Meeting Date )~ 9/17/91 GENERAL FUND RESERVE BALANCES After increasing from just over $5,000,000 in 1982 to over $9,100,000 in 1986, General Fund reserves declined to $6,291,000 in 1988, principally because money was used for Public Safety Capital Improvement projects and for a loan to the Otay Valley Redevelopment Project area. Since then, the General Fund reserves increased to $6,891,489 in 1989 and $7,110,157 in 1990. Beginning last fiscal year, it was estimated that the fund balance would increase to $7,257,000 in 1991 based on estimates made prior to the end of the fiscal year. The Finance Department has now completed closing the books for FY 1990-91, and the actual General Fund balance is $8,824,433. (See Chart A, General Fund Summary.) While a portion of this increase in the General Fund reserves is a result of actual expenditures being less than the total General Fund appropriation ($626,836), most of the increase was the result of higher revenues in certain revenue accounts than projected. Specifically, as will be discussed in more detail in the Revenues section of this report, the City's sales tax originally projected last March to exceed the budget estimate by $50,000 actually exceeded the estimate by $158,279, based on strong final months' sales tax returns at the end of 1990-91. Similarly, plan check fees originally budgeted at $780,000, with a revised projection of $800,000, actually came in with a very strong end of the year showing at $948,000. These figures demonstrate that, even though there has been a recession, and it certainly has impacted some sections of the Chu1a Vista economy, overall Chu1a Vista has weathered the recession surprisingly well. In other revenue accounts, the reimbursement from other agencies was $268,000 over the Finance Department's revised projections, the reimbursement for CIP projects was $387,000 over the revised projections, and miscellaneous receipts were $193,000 over revised projections. This is recapped in Chart B which is attached. In these revenue accounts, one reason for this variance in projections arises from the fact that staff time spent on projects is difficult to estimate during the course of the year. Secondly, a large portion of the staff time reimbursement to the General Fund for specific non-General Fund projects is not calculated and recorded until the end of the fiscal year. 1~-2 ~ 15 (fJ H ~ i I M M '" '" N co co {J)- ~I ~ I ~ M I 0 - I M I '" M I CO \D I CO ~ I CO I {J)- I I '" CO " N " \D '" l!) CO l!) 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'" ",'" '" Q) Q) 0'" 0) .r:; c.. E UO 0) +> ~ Q) ,-,'0 "- a u N '" "'... 0) J I '" ... 0)0 U '" +' +' +' '" ... '" '" '" C. .Q ",+' '" 0) 0) .~ E ",'" 0 .>< 6-< E Q) 0);:: V) x U 0) '" 0) U 0) >.~ '" 0) '" 0) '" 0) ... Q)... 0) f- .r:; ....~ ... '" ....Q '" u '" U '" 4- '" '" .Q '" .Q 4- VJ;':: 0) 0) '" E Q) E U '" ~Q) > '" .~ '" .~ '" +' 0) '" ~ O)c( Q) V) f-"" '" V) c.. '" '" ::E ~ N 1.2 -( Page 3, Item ~ Meeting Date 9/17/91 To address these problems, one of the new Revenue Manager's main work projects is to coordinate development and implementation of a reimbursement and project accounting system to be used by City departments. The purpose of this project is to develop a formal system that results in more accurate and timely reimbursements to the General Fund. This should correct this experience of having substantial variances in revenue projections at the end of the year, plus, more importantly, provide better cash flow for the General Fund, which in turn means that the City's investments and revenue income should be stronger. The General Fund summary for FY 1991-92, as revised by this information as well as additional information explained later, is included as Exhibit A to this report. BOOKING FEES One of the problems in approaching the current year budget is how to dispose of the booking fees issue. As you know, the City along with others, filed a lawsuit to block the County's ability to charge booking fees to cities, which would cost Chula Vista $400,000 in the current year. Because of that, and also because of what appears to be a fairly strong interest on the part of the State Legislature and the Governor to eliminate booking fees, these expenditures for booking fees were not included in the current year's budget. As the State Legislature proceeds during the end of their current legislative session, it appears less likely that booking fees will be removed this fiscal year, although it still looks favorable that it may be removed in 1992-93. Up to now, funds for booking fees have not been budgeted because it could be an admission that the City was not totally serious in pursuing its lawsuit against the County. Obviously, this is not the case. It is recommended instead that a reserve be created out of the City's projected reserves that would handle that expenditure in this fiscal year. In this way, the City will have a reserve to pay the expenditure if the City loses the litigation but, at the same time, it is not part of the ongoing expenditure plan of the City since there seems to be a positive feeling by the League of California Cities as well as our own lobbyist that booking fees will not be an ongoing expenditure in future fiscal years. Also, the billing sent by the County was actually acted on and transmitted last fiscal year so it probably is appropriate to take this cost as a separate reserve from the overall General Fund Reserves of the City. ~~ REVENUES Page 4, Item Meeting Date JA 9/17/91 As you know, the City's largest revenue is its one cent share of the sales tax. As was pointed out in the transmittal letter for the 1991-92 budget, the City was projecting at that time slightly more sales tax revenue than was projected for last fiscal year. Specifically, the City received $10,913,588 in sales tax revenue in 1989-90, which was projected to increase to $11,650,000 in 1990-91. Through the first nine months of last fiscal year, it was estimated that the budgeted projection would be exceeded by $50,000. As it turns out, it came in even higher than that at $11,808,279, or $158,279 over the budgeted estimates. In other words, sales tax revenue grew at rate of 8.2% compared to a projection of 6.75%. For the coming fiscal year, it was estimated that the City's sales tax revenue would increase to $12,250,000. However, in the adoption of AB 2181, the sales tax was extended to apply to certain previously untaxed commodities, including bottled water, candy, snack foods, newspapers and certain fuels. As a result of this extension, it is estimated that the City will receive an additional $305,000 in sales tax, for a total of $12,555,000, which is included in the revised estimate for the current fiscal year. It is also estimated, as regards the City's second largest revenue property tax, that it will be higher this fiscal year by $150,000. because the overall assessed valuation of the City is greater than was originally notified by the County Assessor. source, the This is the City Even with that increase, there are reductions in the City's revenue estimates because of actions by the State Legislature approved by the Governor. This includes a 47% loss in the City's cigarette tax ($108,000) and a 50% loss in the City's traffic safety fines ($200,000). A combination of the projected sales and property tax increases, and the revenue losses just mentioned, means an additional $147,000 in revenues to the City in the current fiscal year. In addition to these revenue gains and losses, the City's Revenue Manager position has been filled and currently the Revenue Manager is preparing revisions and updating the Master Fee Schedule to reflect annual increases in operating costs as well as investigatin9 new fees with operating departments; is revising the full cost recovery (FCR) formula and developing separate FCR formulas for different funding sources in order to maximize revenues and ensure that reimbursement procedures are established for non-General Fund transfers. It is estimated that this work will conservatively produce an additional $300,000 in the course of this fiscal year to the City. In addition to these adjustments to General Operating Revenues, there are two transfers into the General Fund which are proposed. One is the transfer of $43,350 from the Economic Oevelopment Fund to support the additional expenditure approved by the City Council to support the new Economic Development Marketing Plan. This transfer represents 85% of the cost of that fund, with the additional cost of $7,650 coming from the General Fund. ~~ Page 5, Item Meeting Date M 9/17/91 The second transfer of $227,750 is from the funds being collected from the new storm drain fee which will support the National Pollutant Discharge Elimination System (NPDES) Program. This is a fund that is supported by a new charge on the sewer bill to underwrite the cost of new mandated Federal NPDES requirements. This money will support the amount already in the operating budget which will pay for this year's NPDES Program. In order to give as complete a revenue picture as possible, and restating information that was provided to you in a verbal presentation on June 28, there are two additional revenue sources that are available to support this year's budget. One would be the transfer of $300,000 from Golf Course reserves to the General Fund, and the other would be to transfer $526,000 from the Public Liability Insurance reserves to the General Fund. The Golf Course reserves are available because, for the past several years, income to the Golf Course has substantially exceeded the amount needed to make annual debt service payments on the Golf Course bonds and there are no other claims on these reserves. The Public Liability Insurance reserves have been determined by the City's Risk Manager to exceed industry practice of providing reserves four times the amount of the City's uninsured retention. Currently the City has reserves six times the amount of the uninsured retention. While these revenue sources are available, they are not recommended to be transferred at this time and the balanced budget submitted to you is not predicated on the use of these funds. EXPENDITURES It is recommended that the operating budget supported by the General Fund be increased from $49,359,449 to $50,604,992. The details of this increase are outlined in the following paragraphs: Expenditure Salarv and Benefit Increase At a special meeting of the Council, a 5% salary increase was approved for all City employees except Fire and CVEA which had already received a like increase. Although this increase was approved, the funds were not appropriated at that time. This action will appropriate the additional $1,001,235 be appropriated to provide salary and related benefit increases. This amount includes an additional salary increase of 1.22% for those employees represented by the Police Officers Association. As you recall, when the Council adopted the 5% salary increase for all City employees, it was impossible to determine the exact amount of the POA salary increase since the MOU provided that it would be adjusted per a formula based on a survey to be conducted this month. That survey is now completed and it is estimated that the additional salary increase for the employees represented by this association is 1.22%. This total also includes adjustments in the flex plan for employees represented by the Western Council of Engineers based upon their newly ratified MOU. 1~-7 Page 6, Item Meeting Date J~ 9/17/91 Finally, a reserve is set aside for possible future adjustments to mid and executive management salaries. The exact amount would be determined later by Council when a report based on the Middle Management and Executive Management salary surveys are completed. Currently, management is going through a process of survey review and discussion with employees regarding the surveys and recommendations should be forthcoming to you within the next month. MaYor Retirement Adiustment The former Mayor was not part of the Public Employees Retirement System (PERS). Since the new Mayor chose to belong to this system an additional $6,313 is required to be added for retirement which will be offset by a reduction of $2,000 in Social Security. ADD $4,313 Youth Community Center In a separate report to be considered by you regarding the operation of the soon to be completed Youth Community Center, it is recommended that $118,300 be appropriated for the operation of the Center during the remaining 9 months of the current fiscal year. If the decision by the City Council is to have the Boys/Girls Club operate the facility jointly with the Sweetwater Union High School District, it is estimated that this amount would be reduced to $58,520. ADD $118,300 Eauipment Replacement Fund The Equipment Replacement Fund should have been reduced to the level of the required replacements for this fiscal year. DELETE $454,000 Regarding NPDES equipment, it is recommended that funds be deleted from General Operations, since they can be purchased directly through the NPDES fund. DELETE $9,960 Literacy Literacy program General Fund support can be reduced due to approval of partial funding through the CDBG program. DELETE $19,350 Employee Benefit Corrections Parks and Recreation employee benefit plan account for Parks and Recreation Administration was erroneously deleted due to an error associated with the computer system. ADD $60,010 Correct administrative error resulting in the deletion of benefit amount for one position in Management Services. ADD $750 /~-~ Page 7, Item Meeting Date /.2.. 9/17/91 Classification ChanQe As a result of a study by Personnel, the classification for Secretary in Purchasing was reclassified to Administrative Office Specialist. There is no salary change associated with this reclassification. Council Appropriation An amendment to provide for the result of Council action at its Development Commission AQency SudQet Amendments Economic Development Marketing Plan joint meeting with the Economic ADD $51,000 as a Amendments as a result 1991 for ongoing legal increases. of the adoption of the Agency budget on July 11, services related to housing issues and contract ADD $13,010 Storm Drain Revenue Fund Council approved the establishment of this fund, actually appropriated. Items which are proposed this fund include capital outlay and permit fees Channel maintenance at a total of $33,550. however, no funds were to be paid directly from for NPDES and Sweetwater ADD $33,550 The major unknown in the City's expenditure plan in the current year is what the City's PERS obligation will be. At this point, there could be a significant one time reduction in expenditures related to the PERS retirement plan. Specifically, the adoption of AS 702 (Frizzelle) eliminated the "investment dividend disbursement account" and the "extraordinary performance dividend account" and credits that money in these two accounts back to employer accounts in the system. Of the total amount in these accounts, approximately $439,000,000 is attributable to cities. This is a one-time savings that can be used to reduce or possibly eliminate employer contributions to PERS for a period of time. At this point, we have not been informed and, even with persistent contacts, have not obtained information from PERS regarding the specific amount that would apply to Chula Vista. A general estimate has been that it could range from $1,000,000 to as much as the City's total annual contribution to PERS, which is a significant sum ($4,588,050). On the other hand, if it has not occurred already, it is expected that the labor unions will file lawsuits to prevent PERS from implementing AS 702. Even though we do not have, nor do any other cities, any precise figures as to what the City's one-time expenditure reduction would be, it could result in significant one time expenditure savings for the City. The options available to the City would be to either add it to the City's General Fund reserves, or to spread the savings over several years to assist in balancing the City's operating budget. As more information is available from the PERS offices, we will provide this to you along with recommendations on how to treat these funds. /:2.-<; Page 8, Item Meeting Date /J- 9/17/91 Another unknown in the City's expenditure plan has to do with a management staffing issue. It is proposed that two positions in the Management Services Department be consolidated into one position. The existing Deputy City Manager/Director of Management Services position and the currently vacant Information Systems Manager position are proposed to be consolidated into a new position of Director of Management and Information Services. The current Deputy City Manager/Director of Management Services would then fill the currently vacant Deputy City Manager position in the City Manager's Office. This proposal will eliminate one position in Management Services and reduce the salary level of the other. This proposal will save approximately $94,000 per year ($74,000 for the remainder of this fiscal year) and this savings could be used to reduce overall City costs; finance the Council "Wish List", all or in part; finance part-time Council staff; add a Senior Management Assistant to Administration or Management Services; or some combination of the above. WISH LIST When the budget was adopted by the Council there still remained three (3) issues on the "Wish List" which were deferred pending final outcome of the State's budget. Those issues were requested to be brought back to Council when the revenue picture was more solid. The issues remaining are: 1. Parks and Recreation staffing at afterschool programs $ 7,259* 2. Personnel Technician $33,000* 3. Cultural Arts Coordinator $39,000* *Revised cost for October 1, 1991 to June 30, 1992 FISCAL IMPACT The proposed increase in the General Fund is $1,206,298, which includes all salary, benefit and other miscellaneous items presented in this report. This amount, along with budget amendments approved this fiscal year to date, brings the new budget amount to $50,604,992. (A transparency will be provided to display additions and deletions to the General Fund proposed budget since July 1, 1991.) Amendments to other funds include a reduction of $454,000 in Equipment Replacement, $13,010 to the Redevelopment Agency, and $33,550 to the Storm Drain Revenue Fund. I J.. - Jt) Item 12 Revised 9/17/91 RESOLUTION NO. 16347 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FY 1991-92 BUDGET AND PROVIDING FOR THE APPROPRIATION OF FUNDS FOR SALARY, FRINGE BENEFITS INCREASE AND OTHER RELATED ITEMS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, when the FY 1991-92 Council, there remained many questions the State's budget; and budget was approved by regarding the impact of WHEREAS, that impact has completely, been determined and it is amend the budget to include the correct benefit changes, other miscellaneous requested, return to the "wish List" to should be included in the amendment. largely, although not requested that Council amounts for salary and determine if any items NOW, THEREFORE, BE IT RESOLVED that the City the City of Chula Vista does hereby approve the appropriations and amendments to the FY 1991-92 Budget: Counci 1 of following 1. General Fund Salary and Benefit Increases Mayor Retirement Adjustment Youth Community Center Employee Benefit Plan Economic Development Literacy Program Reduction NPDES Reduction Total General Fund Adjustments $1,001,235 4,313 118,300 60,760 51,000 <19,350> < 9,960> ~9_~._ ~_~ <'-~~~') _!.~~ 2. Reduction in Equipment Replacement Fund 3. Transfer from Redevelopment Agency to Support General Fund Economic Development Program 4. Transfer from Storm Drain Revenue Fund 227 to General Fund to support National Pollutant Discha~ge Elimination System (NPDES) 227.750 5. Appropriation from fund balance of Storm Drain Revenue Fund 33.550 /)./} I -1- 6. Appropriation from fund balance of Low and Moderate Fund for Legal Services Presented by John D. Goss, City Manager 9276a It? -/~_ --.L~l}_. 0 lo. ey COUNCIL AGENDA STATEMENT Item Meeting Date /:3 9/17/91 ITEM TITLE: Report: Chula vista Community Y~;' Center SUBMITTED BY: Director of Parks and Recreation~fV REVIEWED BY: City Managerbf (4/5ths Vote: Yes___ NO~) The Chula vista Boy's Club, a City-owned building, which was formerly located at the corner of "I" street and Fifth Avenue, was removed in 1987 as a result of the Chula vista Shopping Center expansion (a Town Centre II redevelopment project). The Boy's Club had a nominal rental rate with the City, and functioned as a recreation center for area youngsters residing in the central part of the City. When the need was determined for the building's removal, the Redevelopment Agency made a commitment to the community to replace the Boy's Club with a new community youth center in order to continue service to the central city community. As consideration for the Chula Vista Boy's Club loss of a facility, the City has cooperated in several areas to the Club's operations. The City made a loan of $250,000 to the Club on August 19, 1986, for construction of a new club facility (waiving all permit fees). The terms of the loan were for repayment in 20 years (at no interest), starting in the 11th year after completion of construction. The City donated park land at Greg Rogers Park for the new Club facility; and donated a van to the Club in 1988, at a cost of $16,500. Construction of the youth center is expected to be completed in early October 1991. In preparation for its opening, City staff has finalized the remaining elements of the joint use agreement with the Sweetwater Union High School District and has requested proposals from local youth and recreational organizations in order to examine the best options available to meet the youth community's needs. This report provides an overview of the Department's analysis of two possible options in determining how the community youth center at Chula vista High School could be managed and operated. RECOMMENDATION: That the City Council accept Option #1 whereby the City would operate the facility in cooperation with the Sweetwater School District. Other providers including, but not limited to, the Boys and Girls Club and the YMCA, would offer programs and services, as space availability and time permits, and would share in their proportionate cost of utilizing the facility. BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission voted at their June 20, 1991 meeting to support staff's [youthfacJ 1 /3-/ Item Meeting Date ).3 9/17/91 recommendation that the City operate the facility in cooperation with the Sweetwater School District (Attachment "A"). The Boys and Girls Club, the YMCA and other program providers would be allowed to utilize the facility on a sublease or rental basis. The Parks and Recreation Commission vote was 5 yeas, 1 abstention. The Youth commission, unanimously approved and Option #1 parameters. at its meeting of September 9, 1991, supported the City as the operator, under SWEETWATER UNION HIGH SCHOOL DISTRICT RECOMMENDATION: The Sweetwater Union High School District Superintendent has requested, in writing, that the City operate the youth facility in conjunction with the District. Other providers are acceptable as long as they do not conflict with the original intent of the City/District Joint Use Agreement or District programming. BACKGROUND: In 1987, the City Council selected the Chula vista High School grounds as the replacement youth facility site (Attachment "B"). On September 1, 1988, Council approved a ground lease and joint use agreement with the Sweetwater Union High School District for the city's use of the land and the joint (City/School District) use of the youth center (Attachment "C"). The ground lease and joint-use agreement between the city and District is for a 40-year lease period ending September 1, 2028, with options for an additional 20 year lease. Some of the significant points of the Agreement are as follows: The District provides the land for the youth facility at no cost to the City. The District will have full use of the youth facility during school hours. Under mutual agreement of both parties, the District may also use the facility during certain after school hours and certain hours of the day during summer vacation. All uses are subject to City approval. School hours are from 7:30 a.m. through 2:25 p.m. Monday - Friday, September 12 through June 22. The District shall provide all custodial services for the subject facility and shall maintain the facility at all times and make minor repairs. City shall be responsible for the cost of custodial services for the subject facility in an amount proportionate to the use by the [youthfacJ 2 13-;;' Item Meeting Date /.3 9/17/91 City or sublessee. In addition, the City will be responsible for utilities with the School District reimbursing the City for their proportionate share. The City shall be responsible for minor and major improvements to the facilities. The District shall reimburse the City if any excess wear and tear is associated with the District's use. On April 5, 1991, the Redevelopment Agency accepted bids and awarded a contract to Landex Construction in the amount of $1,....7,710 to build the community youth center. The total CIP funds allocated for this project were $1,888,344. Of this amount, $1,250,000 was provided by Homart, as a condition of the redevelopment project for the Chula vista Center. The remaining amount came from the BayfrontjTown Centre I fund. Construction of the facility commenced on March 18, 1991. The overall project budget included contingencies, staff time and architectural fees. The new facility is 17,000 square feet and features the following amenities: a gymnasium with basketball courts (9,600 sq. ft.), a dance room (995 sq. ft.), a multi-purpose room (1,907 sq. ft.), large lobby area (700 sq. ft.), and office space (360 sq. ft.) (Attachment "D"). The former Boy I s Club on "I" Street was approximately 14,500 square feet and included a gymnasium with three multi-purpose rooms. DISCUSSION: The Department has begun the process to determine facility uses and operation. In past staff reports of September 13, 1988 and May 16, 1989, the Redevelopment Agency and City Council were informed that either the community youth center would be jointly used by the City or its lessees and the High School District; and there were several options to consider on specific activities or programs for the new center (Attachments "E" and "F"). To determine programming interests, the Department distributed a questionnaire to seven youth serving agencies (Attachment "G"). Of the seven questionnaires sent out, responses were received from the Boys and Girls Club, the YMCA and the Chula vista Parks and Recreation Department. The questionnaire served as a guide in ascertaining how the services of each respective agency could compliment one another and avoid duplication of efforts. Finally, the questionnaire attempted to verify whether the respondents had the financial ability to share in the considerable operational costs of the facility. [youthfacJ 3 13"'3 Item Meeting Date /J 9/17/91 Two options have been formulated for Council consideration. These options were explored in order to evaluate preferable programming arrangements and the potential for financial operational cost sharing. OPTION #1 Joint city/School District Operation That the City operate and oversee scheduling of the facility in cooperation with the School District. other providers including, but not limited to, the Boys and Girls Club and the YMCA would be able to offer programs and services, under a sublease or a use permit and share in the costs of maintenance/utilities and other appropriate costs. Staff Analvsis: This option is the Department's and School District's recommended option. It entails the City serving as the lead agency in cooperation with the school District in scheduling of programs, especially junior and senior high school age programs, and overseeing the facility's maintenance as it pertains to repairs and long term capital needs. The Department would manage and program the facility with a primary focus on the Junior/Senior High age group. As this facility is intended to be a "community" youth center, programs offered by other community groups would be encouraged, that would provide programming opportunity for all ages. These groups would rent or lease the rooms to recover basic costs. The District would use this facility during the day and other agreed upon times (as authorized in the Joint Use Agreement). The City would operate the gymnasium, using its Youth Commission and Junior High Program as a resource for its programming needs. The City would run a variety of sport leagues, sports clinics, conduct tumbling and gymnastics courses, offer drop-in sports opportunities, conduct monthly youth dances, and offer "say yes to recreation and no to drugs" programs. When the multi-purpose room and dance room is not in use, the Department would offer a variety of free and fee classes, seminars, modeling and cheerleading courses, that would include elementary age, as well as Junior Senior High programming. By utilizing the City's Youth Commission as an advisory group, staff would gather input on the needs of the city's Junior/Senior High School youth. Programming would be geared to this age group, whose needs are not fully being met. Because of the Department's [YOIJthfacJ 4 J 3 --- "1 Item Meeting Date /J 9/17/91 long history of providing quality youth programs, the demands on Parkway Gym and Community Center have grown. At present, there is a need to expand existing youth sports programs to the community youth center. For example, the youth basketball program has hit a peak capacity of 660 youngsters and the summer leagues are equally successful. other youth programs in high demand are volleyball, tumbling and gymnastics, and dance. In total, the Department has served approximately 900 junior and senior high school age youth. Of this amount, about 115 teens have been turned away because of lack of space to schedule additional teams. Furthermore, the number of youths served in 1991 for drop-in programs has already exceeded the 1990 attendance figures. In 1990, 7,200 youths were served on a drop-in basis; whereas in 1991, the Department has already served over 10,000 youths. As a method of determining interest and need, staff would conduct a survey of local junior and senior high school students to determine their program interests. The Department operated a pilot program at Chula vista Junior High School and Bonita Junior High School during the months of June, July and August, to determine the interest of this age group. The program was highly successful and showed the special needs of this age group. A Youth Advisory Council, comprised of junior and senior high school students could be established to determine, on an on-going basis, youth needs. Staff believes that recreation and after school programming for the junior and senior high school students is a critical recreation element that is not fully served by existing providers (including the city of Chula vista). Staff hypothesizes that the new community youth center could be programmed and fully utilized at 100% of its capacity for youth programming, and still not fully meet the anticipated junior/senior high school program needs. It is staff's opinion that the needs of the junior and senior high school students would not be fully served if the District assumes a co-operator role with another agency/entity other than the City of Chula vista. Staff recognizes that space for programming by other providers, including the YMCA and the Boys and Girls Club, is expensive to acquire and not readily available. On the subject of programming, it is staff's view that several activities offered by different organizations could co-exist and provide opportunity for a larger focus group. Currently, the City's community centers operate with multiple users that provide diverse program offerings. For example, senior service providers offer programs at Norman Park Center; the City engages each year in a joint basketball program with the YMCA; and the Sweetwater Union High School District offers [youthfacJ 5 J J -..5' Item Meeting Date /3 9/17/91 adult education at numerous recreation centers. This multiple use is often the case at the City's recreation sites where different organizations utilize the facility simultaneously. A combination of programs would complement rather than hinder youth services in this area of Chula Vista. In terms of scheduling the community youth center, the Department would, on a quarterly basis, meet with the other interested groups to work out various programming interests. certain facility hours would be set aside for group and community uses as well. In order to make this option a "win-win" situation, staff recommends that Option #1 include an element which enables the City to coordinate a variety of programs with both the YMCA and the Boys and Girls Club (and/or others) as space and time permits. This element would enable the Boys and Girls Club three options; (1) the use of the community youth center and the Rice School site; (2) the use of only the Rice School site; or (3) the use of only the community youth center for those hours available. This element would enable the Boys and Girls Club to extend programming from the Rice School facility, thus providing greater flexibility for that facility and the age groups served. It encourages the development of a comprehensive pool of resources that would benefit the City's youth. The City would share in the payment of maintenance and utilities cost per the Joint Use Agreement. In a sublease or flat rental, other agencies/groups would pay their proportionate share of these costs and equipment outlay and insurance as well. The administrative arrangement could be a challenge, but it is essential to have a lead agency such as the City overseeing this facility. The programming activities of the Club at Rice School will be totally accommodated at the new facility, and enhanced, due to the larger square footage available to the Club under Option #1. Attachment "H" is a proposed schedule which describes how staff envisions Option #1 to work. Option #1 has been reviewed by the Parks and Recreation Commission, the Youth Commission, and the Sweetwater High School District. The District Superintendent, Mr. John Rindone, submitted a letter of support (Attachment "I"). Mr. Rindone stated that when the School Board approved the Ground Lease and Joint Use Agreement with the City, it was the Board's opinion that the best operator of the facility would be the City. Furthermore, it was the Board's opinion that the City, as operator, was in the best interest of all citizenry in the City of Chula Vista. [youthfae] 6 IJ-(, Item Meeting Date J) 9/17/91 Costs: (Attachment "J") In order to manage the facility and accept responsibility for its operation, an appropriation for a full-time Recreation Supervisor II is necessary, along with funds for maintenance, operation, programming and equipment needs. The Recreation Supervisor II will balance the various program uses, plan and evaluate activities, schedule the facility, interface with the District and other community groups, issue maintenance work orders, and determine monthly or annual billings. The Supervisor will ensure that problems associated with all subleases or facility use permits are kept to a minimum, and that the facility is properly maintained and managed for the duration of the lease agreement with the School District. In addition, to facilitate programming, Recreation Leaders (1.11 FTE) and Recreation Aides (.73 FTE) are needed. OPTION 1/1 COSTS: FY92 FY93 (9 mos.) (12 mos.) One Time Costs: Office Equipment $ 3,485 -0- Other Equipment 25,600 -0- Personnel Costs 55,556 77,850 Operating/Maintenance, etc. 33.840 43.355 Totals $ 118,481 $ 121,205 OPTION 1/2 Sublease - Bovs and Girls Club Operation with School District That the Boys and Girls Club operate the facility in cooperation with the School District. Staff Analvsis: The Chula vista Boys and Girls Club has submitted a proposal to operate the community youth center with the School District. Other groups like the City and the YMCA would be able to utilize the Center when rooms are available or upon advance notice. [youthfae] 7 13-7 Item Meeting Date JJ 9/17/91 In this scenario, a sublease with the Club would be executed and the Club would be responsible for facility operations in cooperation with the School District. The proposal submitted by the Club indicates that the Club would be interested in managing the new youth facility, operate programs for 30 hours per week, and coordinate facility use by other community groups as well (see Attachment "K"). In their proposal, the Club contemplates managing this new facility through a sublease agreement with the City at a cost of $1 per year. This means the city would still be required to budget for costs relating to repairs and future capital outlay. The Club would primarily operate the facility between 2:30 p.m. and 8:30 p. m., Monday through Friday. They would also schedule special events such as dances and tournaments. Other available times would be coordinated with community organizations such as the YMCA and this Department. The cost of maintenance, utilities and liability insurance (naming the District and City as co-insured) would be borne by the District and Boys and Girls Club. Financial The Club states that they would transfer their existing operation at the L Street (Rice School) facility to the new center. This would include a program director and part-time staff. The Club would maintain a staff ratio of one staff member per every 15 participants. In addition, the Club would utilize volunteers and provide administrative oversight through their Oleander facility. On the subject of equipment, the Club states that it would provide the equipment necessary to operate the facility. This would include tables, chairs, desks, etc. In terms of a financial plan, the Club would utilize their existing program funds earmarked for the L Street site. The Department is not aware of what is allocated for the L Street facility. Their sources of revenue would include united Way, donations, memberships, fundraising and bingo. The Club I s Director has indicated in the proposal that the Club is prepared to fund the Center's operation in the amount of $114,599 for a 10 month period of time. This amount would calculate out to approximately $11,460 per month or $137,519 for a full year. The Club has informed the Department that a maintenance provision could be included in the lease agreement to ensure building standards are maintained or the lease would be nullified. The Club has stated that they recently hired a Director of Operations with emphasis on facility management. It is the Club's intention to formulate a maintenance plan in conjunction with the City and School District. [youthfac] 8 J3-Y Item Meeting Date /3 9/17/91 Upon analysis of the Club's proposal, staff believes that there are some on-going costs to the City, as well as benefits to the City, for the Club to operate the facility. As noted before, under their proposal, the Club wishes to pay $1 per year u!1der a sublease arrangement. On the cost side, the Department believes the Club should pay for the full cost use of the facility. Under Option #1, it is staff's best estimate that the expenses in FY92 for telephone, utilities, custodial and grounds maintenance would be approximately $28,200. It is anticipated that the City would save $85,560 in programming and operationsjmaintenancejstart-up costs in FY 92 (total budget in FY 92 is $118,500), as these costs could be absorbed by the Club. However, there are two alternatives to consider under option #2 as it relates to costs to the City. Under Option #2A, the city would not only have weekend programming costs, but would also absorb $25,200 in utility and maintenance costs if the Club sub-leases for $1 per year. If the decision is made to have the Club pay for utilities and maintenance, the City would only continue to incur the following costs under option #2B due to weekend and other programming during non-Club hours; (1) personnel costs of $17,951, (2) utilities costs of $5,070, and (3) maintenance costs of $9,900, for a total of $32,921 under Option #2B. (Attachment "L") If the Club requests start-up costs for equipment, totalling $25,600, the savings would be reduced by this amount, for a total savings of only $64,681. This amount does not include insurance or any unanticiptated minor or major capital improvements. The City will also incur costs for administrative management under Option #2A & #2B. The City Attorney has advised the Department that, under a sublease agreement, the Club should indemnify the City and School District with a sole negligence clause. It is not known whether an indemnification with sole negligence would affect the Club's financial ability to secure insurance. It is staff's understanding this type of insurance is difficult to obtain, and if obtainable, very costly. The present Joint Use Agreement between the City and Sweetwater School District has general liability insurance coverage in the amount of $5,000,000; provided by each party for the use of the community youth center. Eauipment Outlav The Department believes all equipment and furnishings to start up the facility should be new versus used. Since this is a new facility, used equipment would detract from the Center's appearance. In addition, used equipment could pose a liability [youthfacJ 9 /3-1 Item Meeting Date JJ 9/17/91 problem if it is unsafe. According to the Club's Director, the furnishings and equipment moved to the center would be new. This could include, but not be limited to, a pool table, ping pong table, desk, chairs, etc. The Department estimates that equipment outlay will require a large start-up cost ($25,600), since the facility will be virtually empty. Upon acceptance of the facility, such items as a volleyball system, badminton equipment, desks and chairs, etc., will be required. This amount could be as much as $29,000 (see itemized listing on Attachment IIJII). It is staff's understanding that the Club, if required, could allocate approximately $15,000 towards these capital outlay expenses. This amount will be insufficient to meet City standards/estimates for fully equipping the community youth center. Under the Club's proposal, other organizations could utilize the facility when it is not in use by the Club. Facility use hours for community groups include any time after 8:30 p.m. in the evening and all day during the weekends. These hours do not seem to be the best approach to scheduling the facility. For example, staff believes that there should be opportunities for different organizations with diverse philosophies and goals to utilize the facility. In the Club's proposal, other agency/group programming during the week would be limited to late evening hours. One positive part of the Club's schedule is the opportunity they would offer to groups to utilize the facility during the weekend. The City would still wish to operate the facility when program hours are not scheduled by the Boys and Girls Club. Hours anticipated for City use would be: 8:30 - 10:00 p.m. - Monday through Friday 9:00 a.m. - 9:00 p.m. - Saturday 12:00 noon - 5:00 p.m. - Sunday Attachment "L" delineates costs associated with the city programming efforts under Option #2. City staff required for Option #2 are .60 FTE each of a Recreation Leader, a Recreation Aide and a Recreation Specialist. These personnel costs do not include department management costs for administration of the program and the lease. In FY 92, the difference in costs. for programming the facility is slight, because of the one-time outlay for intial start-up equipment costs. The Club has submitted a detailed summary of the costs and revenue associated with their proposed operations at the community center. [youthfac] 10 /:J.../I) Item Meeting Date lJ 9/17/91 Based upon the submittal, a large percentage of their revenues will come from bingo (40%) and United Way contributions (26%). The remaining amounts will come from contributions, special events, grants, memberships and other income, respectively. It is staff's position that these major revenue sources are uncertain and could take a turn to the negative, depending on donatins and economic conditions. Although, the Club has been able to operate the L street facility with the existing complement of staff, the Department believes that additional revenues will be necessary to expand the operation of the community youth center. This particularly is the case in the area of facility utilities and maintenance costs. It does not seem feasible for the Club to absorb the additional cost of managing a 17,000 foot facility. An additional consideration of the Club's future financial ability to handle costs of operation is the future repayment of the $250,000 loan to the City of Chula vista which commences in 1999. During the Parks and Recreation Commission's consideration of the Club's proposal, the Commission raised concerns regarding the Club's ability to effectively maintain the facility; the credentials of their staff members and the staffing levels; the potential for changes on the Board of Directors, executive staff, and financial stability. Other concerns expressed dealt with lack of supervision. For example, it was stated that the Boys and Girls Club's current facility is not well maintained and that there would be a high risk in turning the new facility over to them. Addi tionally, the Commission felt that the Boys and Girls Club should operate the facility at no cost to the City in lieu of the Club's option regarding acceptable trade-off for facility programming. The Youth Commission supported the City's operation of the community youth center because of the focus on Junior senior High ages. They felt the facility required an agency that would oversee the entire operation of the facility and that the City would be the best choice. Other comments included their support of organized activities, rather than just drop-in activities. They felt the Boys and Girls Club operation was diluted in respect to serving ages 6-18 and that the joint operation with the City, would complement the City's strong focus on the age group 12-18 years. The staff's Option #1 recommendation was shared with the YMCA and the Club. The concept of facility sharing was acceptable to the YMCA, but unacceptable to the Club. The Club expressed other concerns regarding option #1. They believe the recommended option would constrain their ability to effectively manage and fully schedule afterschool activities. The Club's Director and Board [youthfac] 11 13 -Ij Item Meeting Date JJ 9/17/91 members feel that conflicts may arise as a result of other programs running concurrently with theirs. Of particular note was the belief that Club members may co-mingle with non-Club activities and youngsters would not be readily available when their parents arrive to pick them up. The Club was also concerned about the potential for members to wander off the premises if they were attracted to other non-Club functions. The Club Director also expressed concern that the Club would be restricted to specific areas within the building. The Club Director believes this would affect the Club's ability to fully schedule and program the facility. In response to Club Director's concerns, City staff feels that well-supervised and scheduled activities, by both the Club and the City, will deter this idea of wandering Club members. In the spirit of joint use, it seems likely that both groups could plan activities that would encourage, rather than discourage, facility users to participate in many recreational opportunities offered by both agencies. The benefit of having the City operate the facility is the Department's ability to oversee total program quality, building maintenance, and to ensure, through a preventative maintenance schedule, that future CIP needs of the building are kept to a minimum. Furthermore, staff would also be in a position to ensure that scheduling, safety and security are dealt with in a professional manner. Summarv The Department understands that there may be some constraints to the Club's desire to fully utilize the facility, but believes Option #1 is the most viable option. For example, the City possesses the technical expertise to identify facility needs on both a minor and major capital improvement basis. Proactive facility management will be necessary to minimize major repairs to this City investment. If the Club were granted exclusive use with the District, there is a possibility that the facility could fall into a state of disrepair. Upon site observation, staff has determined that the Club's maintenance standards at their existing facilities are not to the level of City standards. The Council could mandate a provision in a sublease agreement stipulating that the Club adhere to City-mandated facility management practices; however, such a sublease would place the City in the role of being the arbitrator between the District and the Club. Consequentl~, City mediation may occur on items as insignificant as a broken window and items as significant as facility vandalism. This may be difficult to achieve, particularly [yoothfacJ 12 /3-/,2. Item Meeting Date /J 9/17/91 if the City is not in a lead role of managing the facility on a day-to-day basis. The predicted frequency of mediation between the District and the Club is not known at this time, but if it occurs, the city may be placed in the very awkward position of determining which party is at fault. This is particularly important to remember since the City will be responsible for ensuring that any sublessee must pay for repairs associated with their use. The City has shown, through its other facility operations, the ability to provide comprehensive programming opportunities. As stated earlier, this has included Junior/Senior High activities, elementary school programming in 23 afterschool sites, diversified drop-in programs at three recreation centers, and multi-cultural contractual classes. We have successfully worked with groups like the YMCA and both school districts, to share resources and provide better community opportunity. The City provides consistent facility maintenance management and a comprehensive long-term capital program. The City's hiring and training of staff provides continuity and quality in programming because there is less staff turnover. On the benefit side of this proposal by the Club is the fact that if the Club is allowed to operate the Center, the cost to the city could be less (see Attachment "L"). Under the present staff recommendation of Option #1, $118,500 would be needed for facility operation in FY 92 and $121,205 in FY 93 (Attachment IIJII). Finally, it is staff's opinion that the Club has had some organizational ups and downs in the past years. Much to their credit, they have made some strides in the last two years to improve their operations. However, staff is not convinced that the Club is prepared to fulfill the financial obligations of operating a facility of this magnitude. In addition, because of the increased demand for youth-related services in the community, the City is in dire need of an additional facility in the central part of the City. If option #1 is adopted, it would allow the City to divert and expand many of its junior and senior high school programs over to the community youth center, while at the same time, giving other organizations an equal share in the programming of the facility. In addition, Option #1 will provide the quantity and quality of recreational opportunity to the citizens of Chula Vista. [youthfacJ 13 /3-/J FISCAL IMPACT: FY 92 (9 mos.) Option #1 - $118,500 Option #2A - $ 58,121 Option #2B - $ 32,921 Item Meeting Date FY 93 (12 mos.) Option #1 - Option #2A - Option #2B - $121,205 $ 44,059 $ 81,859 )J 9/17/91 The funds to support $118,500 under Option #1 are being provided for in the Budget Clean-up Resolution. [youthfac] 14 /3"/~ The City Of Chula Vista YOUTH COMMISSION Commissioner 'Ilene Prescott 2764th.9Lvenue Chura 'lIista, CJl 91910 (619) 420-0927 .~ " \"2 \ \l \,"- -~ September 12, 1991 Mayor Tim Nader The City of Chula Vista 276 4th Avenue Chula Vista, CA 91910 RE: The Chula Vista Youth Community Center Dear Mayor Nader and Council Members, Recoqnizinq that the youth of Chula Vista represent the future of our city, I, on behalf of the Youth Commission wish to voice our opinion on the governing of the new Chula Vista Youth Community Center. At our commission meetinq on Monday, September 9, 1991 the Commission voted unanimously on supportinq "option one" in the plan that the Chu1a Vista Park and Recreation Department presented. The Commission came to this conclusion based on the realization that the most crucial aqe group is those aqes 12-18. In discussinq the qoverninq of the center, the Commission believes that the youth of Chula Vi sta would be bet ter served only if the Ci ty and the Sweetwater Union Hiqh School District operated the facility jointly. While recoqnizinq the qreat service that the Boys & Girls Club does for the youth, their tarqet aqe qroup, in our opinion its proqrams are too broad to be effective for youth between the ages of 12 and 18. Therefore esteemed colleaques, we the Youth Commission of the City of Chula Vista recommend that the Chu1a Vista Youth Communi ty Center be operated by both the City and the Sweetwater Union High School District. lf~f~ed' Deric Prescott Chairman CC: John Goss City Clerk Parks & Recreation Department "Serving the Youth ofChula Vista" JJ~Jf ~ ~ ft.. ~A~~ ~~.-...;.-....; """".......~~ ~- -- CITY OF CHULA VISTA HUMAN SERVICES COUNCIL September 17, 1991 Councilman David Malcolm ci ty Hall 276 Fourth Avenue Chula Vista, CA 92010 Dear Councilman Malcolm, The Chula Vista Human Services Council is strongly supportive of the Boys & Girls Club of Chula vista managing and operating the new Community Youth Facility. The Boys & Girls Club is an exemplary organization which has served the youth of Chula vista for thirty-four years. They have been active in responding to the myriad of needs which face the youth of today, and in shaping the leaders of tomorrow. We believe that their current efforts to work in cooperation with the city is a model of the public private partnership which will distinguish the City of Chula vista as a leader in human service delivery and which our agency has worked to foster. I have personally witnessed that these programs are having a positive impact on the lives of our youth. I would strongly encourage you to provide them the opportunity to continue to expand services to Chula Vista. If you have any questions regarding this recommendations please don't hesitate to contact us. Respectfully, a 4ruj~J j3_~4};u~ Pamela B. smith Chairman, Chula Vista Human Services Council )'j-/!t (-~ , 360 T~D AVECHULA VISTA CALIFORNIA 919101619) 691 5087 17 September 1991 TO: Honorable Mayor Tim Nader, City of Chula Vista Council Persons. City of Chula Vista From: John Willett, Member, Chula Vista Paries and Recreation Commission (Residing at 97 Montebello St, Chula Vista, CA 91910) R.E.: Operation of Chula Vista's Community Youth Center. It is recommended that the City Council adopt Option#1. wherein the City will operate. maintain and schedule use of the Youth Facility after school hours for Junior/Senior age groups inaccordance with a Joint High School District/City Policy aggreement,and when the facility is not being used it will be scheduled for community uses. This recommendation is based on evauation of the Boys & Girls Cub letter of June 5, 1991, a Parks and Recreation monthly meeting on September 20. 1991 to consider management/scheduling of the facilities, where both the Paries and Recreation Director and the Boys and Girls Club Director presented their proposals. [The Commission voted 5-1 (1. abstained due conflict of interest)), the Youth Commission approval at its meeting of September 9, 1991 and the data furnished to the Council (Agenda Statement of 9/17/91). The Boys & Girls Club states their hours of operation will be from 2:30 to 8:30 (6hrs). 5 days a week for a total of 30 hours, whereas the City hours of operation would be from 2:30 to !O:OO (7.5 hrs). 5 days a weele (37.5 hrs) and 9:00 to 5:00 (8 hrs) on Saturdays and 12:00 to 5:00 (5 hrs) on Sunday, for a total of 50 hrs versus 30 hrs for the Club. That difference in operating hours equates to 121.000 visits instead of about 73,000 ( 320 visits per day x 5 days x 52 weeles) for the Club. The Paries and Recreation Department has demonstrated their ability to monitor fund expenditures, maintain/repair/manage and schedule program facilities that handled in excess of 753,554 youth/adult visits last year. Therefore. I recommend that the Council adopt Option #1 ( Joint City/School District Operation). /3"/1 J~tJ~d WE, THE UNDERSIGNED, DO HEREBY REQUEST THAT THE BOYS & GIRLS CLUB OF CHULA VISTA OPERATE THE NEW YOUTH FACILITY IN COOPERATION WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT THAT IS BEING BUILT ON THE CAMPUS OF CHULA VISTA HIGH SCHOOL. WE FEEL THERE IS A DIRE NEED FOR THE TYPES OF PROGRAMS AND THE QUALITY, AFFOR- DABLE SERVICES THAT THE BOYS & GIRLS CLUB OFFERS FOR OUR YOUTH TODAY. 1 24. 25. JJ-/<T ADDRESS ~ (--3,Q Of) UvU7A '" "J,,#?y / L{ 3 d.. II ~hv.. ~/ <.".- {/ ,,9)57~/,' ~<-r ~ {J, 0/.-' VJU~ 7U~-<:- 0/)1 //7;:; (')ft~\~ l+1iQ (' (( ( '5109 tf;~e-l)J<. (UJ 3/5 J /Ju)JrRa ;#../2 ~ 7~~<J;/~~ qq J-u ~~ Ave J.J."'h;t e /37/ %.b/'as JYl(. i~V /6~ g-< We; .2gyE,T-1f ({)'~ / - gq (iCt LJ. _ ~ 0., ;.. /J- C; , " , ~ R I T 57 _ c: tP. 15 - / Q, V. .3;$0 ("rr~;<" rPL. ~V f't.t/ f ~ -#. 1':'./1 167- 1 ~ (V,~; 9_'-l5' ~(!^f \7- -:2 ~Sdo,A~At//(~ 523 IZvU-/-t{ ~ ~ {'. /i ./'f~;;AJ1?M4 C:;6 WE, THE UNDERSIGNED, DO HEREBY REQUEST THAT THE BOYS & GIRLS CLUB OF CHULA VISTA OPERATE THE NEW YOUTH FACILITY IN COOPERATION WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT THAT IS BEING BUILT ON THE CAMPUS OF CHULA VISTA HIGH SCHOOL. WE FEEL THERE IS A DIRE NEED FOR THE TYPES OF PROGRAMS AND THE QUALITY, AFFOR- DABLE SERVICES THAT THE BOYS & GIRLS CLUB OFFERS FOR OUR YOUTH TODAY. PRINT YOUR NAME SIGNATURE ADDRESS - l.,k 2.~ 3): / 'I ",-0- C ~d;.-. .:! /JY 0 hI ..~ ,,/ r.lt< JlI/! j:, Ho,t1/( LA} R ~,f2/ I 4.....: 54 6.2 <: 7."" - 33c> -{0/1.c7-11- ~LA'rvl.."<' CJ-l./. o .. l!?'f <I" ~ --.. C.G ,_. ( y(;; j:) hi 'Ih'J'L."o (C<h'/ )4',/ /J/l1 / 1~ ( ;:."~ </;1. (y 'g { f)Q\Jlr>f<()Y\ CII -.L ,,/-' 1.' , . . "" ?-/ z:>0 LtI;:.rjrnt..< '>'--- ~f .~. Lj r:; ~t' LJI:ft- .J (/<:' (7..1/ / \7::;q .,f,..........., ,')\ "c('" . C v. 270 J:-~-J C)!u(1//;\ ;- 15/0 /J1 ~Lk .4?~. c V ~b V Z/ 'fK-(~~ '(/. c)AA.A2~ I)J,QfAJCfi SRI.. P"Sj:>,N WIS LI' C\!. ".. ff ~ 9. 10. 11.~ 12.~ It: 14._ IS.L 16,- 17. ~ 18.:1 19../ ~ 20_.. 2d 25 ", #~r -, .,'~r....... LJ . #1'..r<(A.~." '--....7 . / 3 -/1 5<;0 ~t/.k4fl0d (;~ /0,/ f)/e-A;..t//JE/? AV2'-: cv S'I I 7C'1'hc.. 4 <W" . .' / f / C. 0 r'O" y e ~ // u e. C.t 22 "' 23 Ii:: 24.; WE, THE UNDERSIGNED, DO HEREBY REQUEST THAT THE BOYS & GIRLS CLUB OF CHULA VISTA OPERATE THE NEW YOUTH FACILITY IN COOPERATION WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT THAT IS BEING BUILT ON THE CAMPUS OF CHULA VISTA HIGH SCHOOL. WE FEEL THERE IS A DIRE NEED FOR THE TYPES OF PROGRAMS AND THE QUALITY. AFFOR- DABLE SERVICES THAT THE BOYS & GIRLS ~LUB OFFERS FOR OUR YOUTH TODAY. /Ie PRINT YOUR NAME r 1. 2.1 3. 4 . S( 6 . 7 . 8. 9t 10. II ., 12..;: ~ 13. "11 15.~ 16. 17.J 18.~ 19.f: 2 ().j, .- 21._ 22) 23. ' ~ 24~ 25.1. SIGNATURE /" /1 J! ~IJIJKJ<;~~ ,..fl-<-/. E, 0'1- ~ ",\- (', oj. ql ct\.\ / I S S-- lob,' G.. sOt.. I II ( (,. j Q.(f tJ Ie i-J .. U. - U . q I ~ . ilJ(?I'Ifk/4';~ (V:;,1ft ~~ - :<,':) ,( (..,. ~"--' < '* +=I; ~. . \) . ''it '\ 71, E, AJo.p6U ~ - 7/q I I oLo 1 J1f."- ~u.~ (II ..g I q {( ~ , J , u~r ~ ) 1,<; g , TO 6, '(A S lJ Ky 370 K --;y{ .~Lj2.J'V' ~ ~j~d;dt~:f ~:~ '~0~ c~~ /.J1rr ok~{).61 - ! I V '1 1-1.- . ~'5 ~ C - 1?~---rrc..... C'v\uk. :.:1<--.. qtq !'~ ~ ;q:7a..uch A--- L ::; e)/. /J-,),t:l WE, THE UNDERSIGNED, DO HEREBY REqUEST THAT THE BOYS /; GIRLS CLUB OF CIIlILA VI~ OPERATE TilE NEW YOUTII FACILITY IN COOI'ERATIOI' WITH THE SWEETWATER UNION HIGII SCHOOL DISTRI(T THAT IS BEINI; BUILT ON THE (-\MI'US OF (HULA VISTA HIGH SCHOOL. WE FEEL TIIERI.: IS A DIRE NEED FOR TilE TYPES OF PROGRAMS AND TilE qUALIT). AFFOI'. DAHLE SERVICES TH-\T THE !JOYS /; GIRLS CLUB O!.TEJZS FOR OUR YOUTH TODAY. PRINT YOUR NAME SIGNATURE 1. 2. 3. 4, 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15 J 1 G. 17. 18. 19.. 2U. 21. 2C 23.. 24. 25. -- /J-~) ADDRESS '_ I~ ;" '. \. ! v 2-- (~\:. Iz.y t>~\A AVE,I"^<'O'<<'L g~" A,do <;:C/-'fr,"/, '77Pb..--S c:/~ (/rtVE?f ./I-7ft;/ft.~y Cr\"Lf'. JI~Tf1. Cj I r1 t I , (., .r " _ t t.( I j '/<-;::;-/:J -1'- 7' . . i l'1i" 1\ I ~ U~:P Cb ( " q,p1/:Y; .f (' c.: . ,J - .:L.. C' . ,::.il j I .l- I~y rr ve, J,-/l "r ( ){J. /' if, / '---, /'7';;0 Uortd .(!L!{; II (""'...::,. ,-2.I.~)l l!-~ ~ ~.~ \,--'-~~, .;13 () M rNlAJti..u.z.. bel/. " J. (d P",- (rf>-,<lf' # n. r \/ f~S '2,rd t:JlJi' (I t {). q/q {J , (//'-10 ABl:l!LPI fl .~/) 50 /9<</ €./etlybrDD,t, ..8". 0.(/. q/91 , / -;; / -, I ~ Z;'~~~7f \. I /<;~ r. '// (C,}t/- Ud-A- ArE.. c V. C1J9 (( ~t ~ 'k Jj)~ ~~<p ,D ~ZI ~~ ~(~ ,//7F"r? u~~ CtJ I2-Yr jJ~(JTv~~ !J/C. {I /~ ;t1Ax'/rtff: / (Dj!. WE, THE UNDERSIGNED, DO HEREBY REQUEST THAT THE BOYS & GIRLS CLUB OF CHULA VISTA OPERATE THE NEW. YOUTH FACILITY IN COOPERATION W1TH THE SWEETWATER UNION HIGH SCHOOL DISTRICT THAT IS BEING BUILT ON THE CAMPUS OF CHULA VISTA HIGH SCHOOL. WE FEEL THERE IS A DIRE NEED FOR THE TYPES OF PROGRAMS AND TilE QUALITY, AFFOR- DABLE SERVICES THAT THE BOYS & GIRLS CLUB OFFERS FOR OUR YOUTH TODAY. PRINT YOUR NAME SIGNATURE ADDRESS . ~ \q-::,\,;, \:=,\\..)<:.\,O-Vt:.r. L \ ' :::\ S ,1) C;~\5,-\ IS::>:> (S('Oc<JW"'-) ~ 1+ C 11 qlG~ ;Z qs- z- (L.lI. '11'110 0:233 ,c;,<Jri-I-. ,4,-,,,. C!..V 7/7/0 lCA7 DI~~'" f'.ve. . CM/"I VI5fr:1,CA ql'H I 1. 2. 3. 4 . 5. " .. ,\ 6. 12. 1:J 14,t - S7t.. J~ ~ . 6/" b-G,.1 /4~ Gie;rfu\;(?A'1 017d. (' VC(:!y, ~' <":' Ii ,-~/b ~>-, ~?'J.. C,Ul <{Iff, iB'i --R,..-\. N<.:.Jf-7. ~I..,,~\J:~\... 'iI' tOO WOOPI4h,</,,; ~3 tv tf/1/tl 5/8 nt<;N?f1/}v-t (' t/ 'llf/v &'Itf ~ ~q'Cfl - V$ZV'''- .i?Z>J'kV/'Rc.."/ It. ;-:// _ 'rUcrf-' 02. ?/kP/J/~ & czv~cEt- fl)t6st 'U"Sfrtff0-v. (!y. 7'19/t) 831 3rJ 'ole. tlivl. ~:;b J 'mJ~ IS~g' ~N) CV - ql,!ru /5lS 1C6-/7/Z/J[. y (V 91'M) \1~j k f\M~ '- \..I Cf/7/ 7 10/ 33 ~<. t.{{ek~Ie.{!t/9/7/: '1-2- 71/a/JJ1"U- /)L. C.V. q 19/ Jcn,y~lfij)6E C/~N e. t/. 9/9/_ c-g);:J" ,;-{ C.II. C)/'7/b X~s~,d OJ CilqU-- 7. 8. 9~ 10" 11. IS..! 16..) 17. 18. 19. ..., 20. , ;1~ 22.~ ./ - 23.\. 24., 2 5 .~ ..... / J"';2.)... WE, THE UNDERSIGNED, DO HEREBY REQUEST THAT THE BOYS & GIRLS CLUB OF CHULA VISTA OPERATE THE NEW YOUTH FACILITY IN COOPERATION WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT THAT IS BEING BUILT ON THE CAMPUS OF CHULA VISTA HIGH SCHOOL. WE FEEL THERE IS A DIRE NEED FOR TIlE TYPES OF PROGRAMS AND TIlE QUALITY, AFFOR- DABLE SERVICES THAT THE BOYS & GIRLS CLUB OFFERS FOR OUR YOUTH TODAY. PRINT YOUR NAME SIGNATURE / ADDRESS I J)~ ~,.::-!.- Av'''-. J \ ~ '9 Id= -3 aJ five.. (t. v. CJT. 'U<it/ (n../HO (-(dly ifVI" X. 5 .~A . 7'/'1:3;;L 1.--J, 2.~ 3. ,~ ~ ,II -! ~ 4~:-' 5. 6. I; 7>4 8.}j 9. fI- 10.t!1 11Q:. 1 2-:<~ 13.~ 14.~ 15. j IJ2 4 17 '-1 18. ~ ?)"\D 'L .,,-~~) ,C.,). ~ \.~ \. \ 30 -=3 S- \J1~ IJ'" ( ( ff02 ' !!,7/1 79771;:;{,-. ~ . D. "J2--1 C---IL-- / J.?H mBI2O.sE t){}E.,e - J. ~G-f' PONt,", 0/u/ VA:.' [.(7 6-:fO l.:nA k- &-. c. V ftI, frLcd'.s J7. c-_Y (? {D tJeoA-LJu)fy J7b2c __ ~~~ <U!.)P.?~ ~.V( (02-<( (;.LH~ Dn. C//, n.c 0 c.-L. C::J G J . 5715 (ftfjLuf:(-s rllrfl{r CU. I/f)~ 1xJlJtJ5wti-c.6/V() ~-/{) (2. V o/7eO/~t Cr.: $667 ~__ sl f~ WI f1f /1.B}. ~le IS5~ $T~ c...y~:C{ 1CtlL 155 ~ sre.a::"" c...v: '1.\ct'L- ~(L (/.Lv 0 "1 0 j2j) (V c)(1'< ~? 3d.. h~ c.,1t! 9 If' // // rcc.Jtt07<~A:v~, dJ.91?!/ { / '120 H; (h1!f DE' 11 107 C hlA 10. Vi'&' -C <A. . ;.'~ ,".p 19. 20. 21. 22. 23~ 24._ 25. /) -..2.;J ,- WE, THE UNDERSIGNED, DO HEREBY REQUEST THAT THE BOYS & GIRLS CLUB OF CHULA VISTI OPERATE THE NEW YOUTH FACILITY I~ COOPERATION WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT THAT IS BEING BUILT ON THE CAMPUS OF CHULA VISTA HIGH SCHOOL. WE FEEL THERE Is A DIRE NEED FOR THE TYPES OF PROGRAMS AND THE QUALITY, AFFOR- DABLE SERVICES THAT THE BOYS & GIRLS CLUB OFFERS FOR OUR YOUTH TODAY. PRINT YOUR NAME "j 1.-, 2.t;; 3.J '\ ~ st _ .f S~~ ) :zt: ) 6.J. c 7.... , 8.~ 9._ 10.1 11.J :'. 12. / 13.J. 14 .~ IS.,t 16....: ( 17.s. 18.::, 19. - , 20. 21. ..- 22.;: '" 23._ / 24.~ 25. -b JJ"',l( ADDRESS ~ II f" ~or #N. ~-~, ~Y'(~+ Or/. (2.. \~lY rt-hC(tQ st. e,v. 2k 0 7tiG~'S;:; (I.~ (J. l3 3.) melrose IPe- c t i .- '1'/0 V/(, Ilc to I.J IL c V- / ~'}..5 fb/tJlJ1l/1 JJY0 C J/, /-? /r;:J~fi~/6~ .~ ~1'& c.t!.. 9. EV!1;, I/'O/K....r. #c.--.. CJf../. 10'.;/,,- " '8'7ro 'j) Uo n:u/o Av...z e...if ~ q/ q ( I 6/9 R/u.ro..-S7. at! C&L'1191/ $0 f1ar~n<<- 1>.rr-I::Wll<( Dz.-r; CV.CA fotg G-o..n~1I- Va.~-d..1f 3'1 (1~ 41{,~ Svv.++- flv'( 1Ij)~62'?I-lfI~ , , . ~?~~'"\ ~~ lJ:cGA \J \O~ :J~A~\llll. 5oJ' t:: Sf. C. V L!.;t. <( 'tJ~ ( b'-It? &......6<< Ave. 5 D )U 7.; l1 lUl U1r W;~ ('( (3nl-7'lfl? "' ~f.li$./.;, 1f#3~~;/A.n &.. $'1b Ie <;r. 1JI:-t,8. ~.v. 9/"1/ Llyq:; fr Amilia -~T I LiU 1 " I c.' '''"' ~~ WE, THE UNDERSIGNED, DO HEREBY REQUEST THAT THE BOYS & GIRLS CLUB OF CHULA VISTA OPERATE THE NEW YOUTH FACILITY IN COOPERATION WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT THAT IS BEING BUILT ON THE CAMPUS OF CHULA VISTA HIGH SCHOOL. WE FEEL THERE IS A DIRE NEED FOR THE TYPES OF PROGRAMS AND THE QUALITY, AFFOR- DABLE SERVICES THAT THE BOYS & GIRLS CLUB OFFERS FOR OUR YOUTH TODAY. PRINT YOUR NAME , SIGNATURE ADDRESS 1 / r'jF'7- "'/"/) ," ,..//;(/,.v../ .Y-.:~_ ~ ~, - ~ 8. Po 6a)( 18/'1 L V (CA. 9.'1.2- .;185:' >>1 ~ 51- #-5~ C. // '1I'JI / " ~;77 - It 0'T11. '( V A LL-C'( f () (/t; 5 r, u. ,- c- \- , y ((., Ie> I, .~.~ C1- \.J. ct;.. 0"', ~ \ \ ''-':'' I '" "- . "* --.,V, (, ,,0 ",.<r<;,;"-::C '\-..J'v ~, '-w:\:~ ~')~)G' nl[)Ss ~t-lll_ (fiI q,q II ~-) ,'{J l< ':''+=1r~)C-; c ~/ gJ~ / J{,../ o/J)c V p- ~ (. v' 9( '11. -1 "'0 /' j fi r' ({ I" ,., I ,:,k, /1'.-::-."-/ ,. ;;r '-'- e I '1 I ,53) :?;;~-..8'<-'<K.-f.,... (Co' 9/'5'u 77,--Z ce.dO.f AJe (,r;: '7/J/{. ~:;i :_p 74S- C ~f/~ 7 ~-~ ~fLS:k>,,-<.r EP~ AI \\Sl Q~ ~\0t>. C-eJ q,q\O ,/J - 9..-, rb(J7 i'ft2.C2A: cU.','. (J{/ ~ )l'l ~A,(W)-ft)). C Ii q/"J// . 7R<f ERr bf../lWO<.l1? C V 9) U 3-W ~o Ie; i/\ tvaf r/1-' LJ'f1 Jrnos,,~i, r. U, 9/9// 5;20 1!o.{~S .5i.~~ (v'. 9/q~( ~5~ 7~~ c2.JP q/9 ~ ~rM,rJ UYU1 fl CfIJ t-,4- 584 F-I'b fJvf'C. CL-- '11'7;b cnr" ~rAue, ('.U, C-A. <rill 2 ~ 4 5 6 7. 9. 10., 11. 12. 13. '- 14. 15. 16. , 17.J 181 19.1 20.J 21.1 22-:1 <: 23.,5 24. 25.g ) 3~;i.f WE, THE UNDERSIGNED, DO HEREBY REQUEST THAT THE BOYS & GIRLS CLUB OF CHULA VISTA OPERATE THE NEW YOUTH FACILITY IN COOPERATION WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT THAT IS BEING BUILT ON THE CAMPUS OF CHULA VISTA HIGH SCHOOL. WE FEEL THERE IS A DIRE NEED FOR THE TYPES OF PROGRAMS AND TilE QUALITY, AFFOR- DABLE SERVICES THAT THE BOYS & GIRLS CLUB OFFERS FOR OUR YOUTH TODAY. PRINT YOUR NAME SIGNATURE ADDRESS /,/Ji.' No';'/11rkf.t })y,Vf, r... V. f'A 'JIm </-773 CnJt~ fJ1 (1. tI (ljYl7'/1 5:::,0 111 A R..1 f()"Y"I ::>T C 1/ q 19 { 1 "1:0' ~~ Kb> "(='- C\) <{lce\.:;, 33 / -m.nt~A'L.t/ (1'.v. '1/1// ?-- )4SH")'0Jy~~ 11: 0..V. ~Iqll s.c /J/'{ E OiX/OAP . ~ (]-f/ '719/1 12tJ I MileY C/Ci/ q /1/ ) \'20\ k.~\\'toc...J" cU. "C)/"!!I 1. 2 . 3 .j 4 . 5.( 6.j 7.: 8. 9. / 1 v~ .J /60 </.B-A/Vl'~ <7,{u~ V:.,,:( CA '7d/u 32-<1 :5jO~{~ 5/. {"h-f", (//:>8 '1'(7, 3d</ .sPruce Sf. ChvIA Utsm 9/9, . 4foD1/u>>.Dl ~ ~ ~~ Vl.1t"-' ttlq 1~~~~;;vfj~ 49.d-. r-I\<::>~e9C">o"s- ~" cV9l9 \ , u j'?f~ m.jrC1 &1{'. Cv CU5JL 1~() ~H~11 :57. C\}. '11'71) /ZSI.o /'c<!-?,u /'L C t/ 1'/'11/ " 3 2S ~8v1r5JD~Y~1-, ~p \1m2 q~ ~ 3~~ j- /Se- C?.#4'M as 9/9/ 'Iff3 (I';;"'''-<J tJ,&;>UlJ &I-,T}4- 1/90'L- .~ t-('ili,Av. ) ~, V,) 91Cj \ 0 d3.3 '-ItLO/<<: a)/ '7/"//L) - . Y@ z1/JI/!/lJ.., wpj LJ;-; c, v: 7'/7'/ 10., 11. 12. 13., 14., 15 y 16. 17. 18. 19. 20. 21. 22: 2~ 24. 25. y 13',2(, WE, THE UNDERSIGNED, DO HEREBY REQUEST THAT THE BOYS & GIRLS CLUB OF CHULA VISTJ OPERATE THE NEW YOUTH FACILITY IN COOPERATION WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT THAT IS BEING BUILT ON THE CAMPUS OF CHULA,VISTA HIGH SCHOOL. , . WE FEEL THERE IS A DIRE NEED FOR THE TYPES OF PROGRAMS AND THE QUALITY, AFFOR- DABLE SERVICES THAT THE BOYS & GIRLS fLUB OFFERS FOR OUR YOUTH TODAY. PRINT YOUR NAME 1. 2.1 3. 4 . 5. 6. 7 . . 8.. 9. IO~ . I!. 12~ '. 13. 14. 15. 16. 17. 18. 19., 20::;: 21. 22. 23'> 24t .- 25. , SIGNATUR, , ADDRESS ,~'?)(o \:t-,,,y'\~,,,U Cl( 7-7 ;1'/;,1)-0'- 411e\ ~ &( -1,l7S ~ V ~ u" d-- q..s;: 87 L -.6 rAxdlouY) Art c. If 30;11 p~ ~ 71-...J -{. ":>-~f .~.P~<1e:iP g.f. P~"f /(pJf &Y'JNO(, ~v(:' (tv @-:sz W:J:.{ ~./')(2 eU J<jL/O L 51 ~.J o.'\.?- -P\ co.~.A,~ \ ;: -55S ~ av {1.y , D. L/ .5"if W. {':t. c, \/ 9De tft.J1.r/q,v Av.e C. v. bf <0 (-ru."Rdf A,te.. L.. I), ~ ~~"'n ()R~O C\{. ').50 ~rJl(f\ ("L-~-N t;>fL tf-..:z: I a..V_ - .56q~rt~l f'Li.l!J;, {!. fd , I ~/!3''G/~:ftD {'h.JdA ~ 71.9/" Jlf7 tC/.>.--~ IJ--i ~~ ?J../,J' /009 NO/AN /..N. (!,V. 9/9// 43'1 Fits! ()y/C"MtJ ClI. 'f/9{/ /(,ll. (/.) ,J...v.rtr[)-.....r74 ~O-<) 7~J'3 I ((,~ Nl,,^<,<>rc.~ 04<..M... "'~C) II xX I< $, (I/V 17.--011 /S- E .PA-Iv""'~ ~\- C;V ioi OJ,, \\ J 3,,2J WE, THE UNDERSIGNED, DO HEREBY REQUEST THAT THE BOYS & GIRLS CLUB OF CHULA VISTA OPERATE THE NEW YOUTH FACILITY IN COOPERATION WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT THAT IS BEING BUILT ON THE CAMPUS OF CHULA VISTA HIGH SCHOOL. WE FEEL THERE IS A DIRE NEED FOR TilE TYPES OF PROGRAMS AND TilE QUALITY. AFFOR- DABLE SERVICES THAT THE BOYS & GIRLS CLUB OFFERS FOR OUR YOUTH TODAY. PRINT YOUR NAME 1 ~ - 2. . 3. 4. 5. 6J ( ~ 9.( 1~ 11.~ , 12..... (," 13.\: 14. 15. I 16. 17 ), 18. 19, , 20. 21. 22. 23. 24. 25. ADDRESS j)t) 11f"L (j)... d2J1 Y.-L< 4 t (l};;~11;;:1t I ~~(', [J/&IJf] Jr.,. t.-L/ :J 9>- ;f :n(i'~..-J VI. ~.t/ I~)( E. tJ~h'f#1>> 51 CZ/ .. II j{q Dncou 7)~, a, f). //t?1J ~M~~..p 'j)R' /d.-?3~ ~~k'& ef 'TrilL ,,-r,;?/ ~t~ ("(J 9, cr / _'c.S-l Lf6 Afl~) ~YQ,{ 1 tj l/ 9 k.n~ 41. ~-/y ~ ~D3 f. PcJClrn.o.r JT- cV D f.I ..(-71-/ ~ V qs-s-:::J.-. 5A~rE/Js 5/ Lr'-t7 Q~ L 1/ ,~h'o f1,AJ/L3/~tf~ ) /) .k?-'T/ ~11"'~~A'7' t!! t/. S-.,-O ~~T G. U.OCt<(1 3&<0 ~~ ~l c'lPr 1Z.i. $--97 )1 ~8 AIJIiA ~ 3/.. CD. I>> ~5" I/b/i~il!./ ~ { (.. oS/2 Zit1rat1dell-errac~ c, . .Iii?, l/ La~rLe/ /.f-.<-' /D73 (P-'I , ^ vc.. SIGNATURE I .... J' _"j :0. L c . /:1-.2 Y" A (P-I/ , 'v. WE, THE UNDERSIGNED, DO HEREBY REQUEST THAT THE BOYS & GIRLS CLUB OF CHULA VISTA OPERATE THE NEW YOUTH FACILITY IN COOPERATION WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT THAT IS BEING BUILT ON THE CAMPUS OF CHULA VISTA HIGH SCHOOL. WE FEEL THERE IS A DIRE NEED FOR THE TYPES OF PROGRAMS AND THE QUALITY, AFFOR- DABLE SERVICES THAT THE BOYS & GIRLS CLUB OFFERS FOR OUR YOUTH TODAY. PRINT 1~ 2. [: 3.J YOUR NAME . S I Gf~TURE '7 ADDRESS ~ <273 t J!I/lftfddrL ~ ') 5 -TIIIU> Av'e:-~J- (] V 'fie :f >7-rrfi C II. . 4.J 5../. 6..1 7.11 8.11 \ 9....::, 20 '1 J 1IV?'l1c1Z..3 v~ ""7 C-V - 1.$ t{'2 r "2 S L ->:;..- t? "" ..., 1.) I'- C V (,17 6TCErc HEN 12--"'b c. t./ ..hi JV<VR.,4 AVC; C. .V, crltlo 21.-, / 22'0 23/l 24.f. 25.J 637 OE/JPI<> -'/vE c.v. 9/9/0 1/( e TO (v c T. c::. LJ cr / cr /0 eLl ~ >',) (~L S (' v q I q I ~ / I.(- LI L r:A I-/f /ltJ.AP1 ~ Vb 919 ;f \0. '51..\ ~"'--L C-Iw.I.:\m,^- q Ie, l"2 f-2.yG~~. c,(/./J. P.O. Boy- 27~ cl/tu# (/d~ ?o, 2& 'i??-6'" c:. U. 7 u,fl> l (PyJ.. G<-A lILt:; ,4v(> c..V CllQlo '370 f1I/-" 1-,,,, j)r.t-< .s,.~& 'f~~, I LJl.t::; 'I \ At ~'{ ~ U{ OJ,,\~ ~ 81.J 7 /I. u..J acn!' /ltw,u t. II. 9 d/i ~ ~.I;u &~ ~ !'IrJ ill//o/1J/E ;#hf -f~ / I/!-3 MhN,4f'/ (f. V tfJ9J.I ??;) () P L-Az vtg, I E-f' ~ f:) (Y IL!l.t Sb3S lD~~ f...n) ~',k 91$ . ) 0.-..:. l1.-t 12.~ 13.{ 14 .-.! " 15.-1 '( 16.~ , 17.j 18. 't 19.-t 20.~ ) 3- ~ 7 , WE, THE UNDERSIGNED, DO HEREBY REQUEST THAT THE1BOYS & GIRLS CLUB OF CHULA VISTA OPERATE THE NEW YOUTH FACILITY IN COOPERATION WitTH THE SWEETWATER UNION HIGH SCHOOL DISTRICT THAT IS BEING BUILT ON THE CAMPUS OF CHULA VISTA HIGH SCHOOL. WE FEEL THERE I S A DIRE NEED FOR THE TYPES OF P~<tRAMS AND THE QC "L! TY, A FFOR- DABLE SERVICES THAT THE BOYS & GIRLS CLUB OFFERS,~OR OUR YOUTH TODAY. - '\ \ ADDRESS PRINT YOUR NAME SIGNATURE 1. 2. 3 . 4 . 5. 6 'J 7. 8. 9 .~ 10."> ,.. .\, ..11 '_ 12.J 13.,1 14. 15. 16,. 17 '~ 18. 19, 20.. 21.~ \ 22,-", 23. - 24. < - 25, " )f' ~. , - JJ;-Jt:? :') 7() 11 '7 c1 K Sll.~:;c-rs- l- 1/;5;1 Murl h fJlJe...ff 2/0 . ~:lc \I' 'l~~ ~ i:\.A *'t--:s b <1 ~ I..f <3L:: Q. Wi (J~a q;y;. ID~I t'vt~u.Ci.q{q(1 ~ r~'(\JfO(\ f'c (~\( (YI/( ~M ~ :).QCO'V 5d.Q ::3yt() Ai)fJ C ~ \/. 3q{p .rd1-k~<;?1 ('/ (/ 5SG ~ I . ~~<=, VAI-UA!. ttltr. 74- S \.:"l. f.XA... ~ <2.....J {;,(, ~/7 t+t.;J<?JQj d tie C v .2/15 /;l/o~;5I-#5:'5 {l !/ '//9/1 ~PD lc. J4. Jf z... "1i"! F,v,'!/' ,/Wc //1 5f5 oA,,~J 9: ~s- C.I/ (!. ~~ 'f/c;/, i{;:r / / WE, THE UNDERSIGNED, DO HEREBY REQUEST THAT THE BOYS & GIRLS CLUB OF CHULA VISTA OPERATE THE NEW YOUTH FACILITY IN COOPERATION WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT THAT IS BEING BUILT ON THE CAMPUS OF CHULA VISTA HIGH SCHOOL. WE FEEL THERE I S A DIRE NEED FOR THE TYPES OF PROGRAMS AND TilE QUALITY, AFFOR- DABLE SERVICES THAT THE BOYS & GIRLS CLUB OFFERS FOR OUR YOUTH TODAY. PRINT YOUR NAME SIGNATURE ADDRESS ///? 7;~ 11 /?___u h' n jij/ cV 10. :? "7'1 ? '71.J:: /J c'! eh' '7'f'{' I/z-.B F Sr I/,U,- ~ JrS;7?'- C~ ";(" , 1:18 (1JA1/t> P'~1"- -:::P? S.}- ..:)1':. =;>;s> ~V(.{1$ 'IRe S;-, !.lJ ~ QJ {L~ (. V'. f' J~ I.:/c/f , ~D -3M/)/S-e. l1/tf YtL , 3L;S ~~QjJ..2)~ A. tV (Lta U; r;(( Dr;-f-el+-Lt1) 1~ 1h7yJ A'Ir... ~ ch.k viS -fez G-119,v /171 ~ ~~~~ 51 ~ Tj~ ?Lvi) J B 'YI?'< I '^"? Wc.LJCWI~ /"';1, q ,q I( 'X~o'c (\1{'lroJe All. 9,Ql/ I' 11. 18. 19. 20. 21. 22. "=o( Cs..Am.? f\,J-c- 9/O,/() C 1/.:.>70 '"S1~n,J6, ~A;... cr {!..Y. IJ'31 WE, THE UNDERSIGNED, DO HEREBY REQUEST THAT THE BOYS & GIRLS CLUB OF CHULA VISTA OPERATE THE NEW YOUTH FACILITY IN COOPERATION WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT THAT IS BEING BUILT ON THE CAMPUS OF CHULA VISTA HIGH SCHOOL. WE FEEL THERE IS A DIRE NEED FOR THE TYPES OF PROGRAMS AND THE QUALITY, AFFOR- DABLE SERVICES THAT THE BOYS & GIRLS CLUB OFFERS FOR OUR YOUTH TODAY. PRINT YOUR NAME SIGNATURE ~ /\ 1. 2. 3", 4.. 5.j 6. 7. 8. 9.k - r 10. .... I~ 12~ 13.L 14.~ 1 5 .-:S: 16. - 17. 18. 19. ~H 20. ~~ 21. 22. 23. 24. 25. ., ",. -j. JJ"-},;2. ADDRESS 334<>/5...;.. M /~, 'ltIS.-' -; "3 J,L. (; 3JA ~ (J),W" I.s:- , SC5 J .5/-: c. l/ ~/f/() Lit Ii sJ: ('-V 9/~J6 c7' ~~~ ~..... f7. tI. 9/7~ S';;"';'- " L" sr (~. 9rC(r( .2.~ f\~, ~ c:..'tl 9' {'NO /C'~1 7'->"'~<Y""7 c>v Cil'j// '117 Ii./ClMflr 1Ivt, 'I~ tlJ/tJ/1/(j ,)1 't' 1 3C:-E-iA~~ L.". (u 9/7(-3 C:;S-<;'IS'-0"~L<..CL, Jut ie'" c.V q I q f(J .5 3 fJ~;fcJ.. c v' q/q I ,5",J! '1h;1i..':.:!.IDC-E ~z'/ /Jorl!f4 r/rO; ,:l/'6- F Mill,.;", Sf: (!)iIM !/;.sfc 9/ '-fOLIO t1AC~r () t? L. #f. 9'/9W AdmlnlstrsUve Olllee 1301 Oleander Ave. Chula Vista, CA 91911 (619) 421-4011 (619) 462-6736 FAX BRANCH LOCATIONS: 1301 Oleander Ave. Chula Vista, CA 9191 1 (619) 421-4011 350 "l" Street Chula Vista, CA 9191 1 (619) 420-1222 Board of Director. Benjamin Richardson President Royce Jensen Vice President of Finance Sue Welsh Vice President of Administration Glenn Keeran Vice President of Operations Garry Butterfield Secretary David McClurg Treasurer Robert P. Fox Past President Patricia Ables Rikki Alberson Martin Barros Robert J. Bliss Dr. R. Dale Collier Carol Gove Xema Jacobson Cinda Jones Paul Kapler George Krampl I. Joseph Matacia W. Scott Mosher Executive Director !Jirls me. A member organization of Gins Incorporated BOYS & GIRLS CLUB OF CHULA VISTA August 6, 1991 Councilman Jerry Rindone city of Chula vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Councilman Rindone: Enclosed please find a copy of our proposal regarding the use of the new community youth facility. I hope this covers all of the areas which we discussed. Should you have any questions at all or need any fur- ther information, please let me know. Please understand how very important this facility is to our Club and for our kids. We would very much appreciate your support! Sincerely, ~ W. Scott Mosher Executive Director v jJ ~I\ ';1/1 ,1 t ~OPO Sf." " Of /5 ~)} . IJnIIiedWiIU ICHAD .m.ouIlhebeAin.amlA. ~ noys & GIRLS CLUB OF CHULA VISTA mtmnna FOR THE OPERRTION OF THE NEW COMMUNITY YOUTH FACILITY I J~;1 Introduction The Boys & Girls club of Chula Vista has been successfully serving the needs of youth in our community for 34 years. By helping young people to gain self-confidence and the motivation to succeed, the Club enables them to develop the skills they need to become responsible citizens and leaders. We current 1 y serve over 2,000 youth throughout the Chu 1 a Vista area. The Boys & Gi r 1 s Club is proud of its ach i evements including: ..providing Quality. are kept low so any ever turned away. affordable. programs. Program fees youth may participate. No child is ..the introduction of European Team Handball to the South Bay area. It has become so successful that now the Parks and Recreation Department and local school districts are starting handball programs. The Club has co-sponsored the East 1 ake South Bay Summer Games each summer, and has coord i nated the Team Handba 11 prosram for the games each year as well. ..the club's Fine Arts program has encouraged and assisted members in developing their abilities. This has resulted in their work being exhibited, as well as being included in regional, and even national competition. . .the initiation of a transportation program to improve access to our serv ices from certa i n schoo ls. The Club also took a leadership role in the development of a coalition between the Chula vista Elementary School District, the Human Services Council, the YMCA, and the Boys & Girls Club. This coalition expanded transporta- tion opportunities enabling children to get to after- school youth programs. ..successfully developed a preschool and child care center to meet the needs for quality, affordable child care as determined by Chula Vista 2000. . .the offering of sports leagues for teens. Our teens provide various community service projects. This year our programming for teens is greatly expanding and will include Keystone Clubs, SMART Moves, and Teen Outreach. J J" J5' The Boys & Girls Club is unique in that it uses recreation as a "means" rather than an "end". Programs are "Youth Centered" rather than "Activity Centered" which maintains a focus on the needs of youth. Our staff works with children from a variety of family backgrounds. They work very closely with parents and schools to he1p meet individual needs a ch i I d may have. By teach i ng boys and 9 i r I s to believe in themselves, club staff provides a window of opportunity for disadvantaged children and achieve remarkable results. With our successful program experience and with our uniqueness as a youth development organization, we now want to continue to help meet the needs of youth in our community by expanding our services on the westside of Chula Vista. Managing this new community youth facility will enable us to serve more youth and provide more quality, affordable programs. I}'}f., Q'1~Step@ Contents Position Statement Proposal Rdvant ages 1 Overview 2 Qper ational Plan 3 Progr amming 4 Budget Budget Summar~ Itemized Service Budget 5 M Ca'-'" ,I' 1"'" "i/OO, IJ-J? nays & GIRLS CLUB OF CHULA VISTA POSITION STATEMENT New Communit~ Youth Facilit~ /)'" )Y THE BOYS & GIRLS CLUB OF CHULA VISTA WOULD LIKE TO MANAGE THE NEW YOUTH FACILITY, OPERATE PROGRAMS THERE APPROXIMATELY THIRTY HOURS A WEEK AND COORDINATE USE OF THE FACILITY BY OTHER COMMUNITY GROUPS DURING OTHER AVAILABLE TIMES. I}')' ADVANTAGES TO HAVING THE BOYS & GIRLS CLUB OF CHULA VISTA MANAGE THE NEW COMMUNITY YOUTH FACILITY: 1. It will create a very effect i ve and pro-act i ve public-private partnership, furthering the goals of the city in the most cost-effective manner. 2. It will provide a wide range of programs to serve the needs of youth in the area. 3. The Club's abi 1 ity to provide qual ity, affordable services. 4. It allows the Club to expand its programming and provide opportunities to more children on the west side. 5. The Club has existing programs, an existing staff, and an existing budget to operate this faci 1 ity with. 6. It will save the city of Chula Vista a significant amount of money. IJ..1~ noYs & GIRLS CLUB OF CHULA VISTA OVERVIEW New Communit~ Youth Facilit~ J J ~'I/ The Boys Club of Chula Vista began providing services to the youth of our cOlTlTlunity in 1957. In 1964, the Girls Club was establ ished. In July of 1987, the two organizations merged and became the Girls Club and Boys Club of Chula vista and opened a new faci 1 ity at 1301 Oleander Avenue. Prior to that, the Girls Club was located at 350 L street and the Boys Club was located at 5th and I street. About that same time the Club at 5th and I closed in cooperation with the City of Chula Vista and Homart Development to provide for the expans i on of the Chu 1 a Vista Center. There was great concern on the part of numerous parents, children, and other members of the cOlTlTlunity about closing that facility as it served a big need for youth serv ices on the wests i de of Chula Vista. Homart Development, however, made a sizable contribution to go toward constructing a new youth facility on the westside. This is the facility, as you know, that is now being built on the grounds of Chula Vista High School. The operation of this facility has been critical to us ever since the closure of the Club at 5th and I to ensure that quality services continue to be provided on the westside. Our organization today serves over 2,000 chi ldren, is open 2,100 hours a year, and is being attended by an average of 320 children each day. We have a voluntary Board of Directors which has been greatly developed over the past few years. We also are affiliates of and have the full support of Boys & Girls Clubs of America, Girls Incorporated, and the United Way of San Diego County. what is the Boys & Girls Club? The mission of the Boys & Girls club of Chula Vista is to provide positive activities and opportunities to develop the health, self-esteem, and character f the youth of our cOlTlTlun i ty, enab 1 i ng them to reach the 1. fu 11 est potent i a 1. To accomplish our mission, we practice a set of principles. The Boys & Girls club: . . . is races, them a for all boys and girls. Boys religion, and ethnic cultures safe, fun, place of their own. and girls can belong, of all giving .. .requires no proof of good character. They help and guide girls and boys who may be in danger of acquiring. or who a 1 ready may have acqu ired. unacceptab 1 e hab i ts and attitudes, as well as boys and girls of good character. / } ,r...z ...makes sure that all girls and belong. Membership dues are kept low girls can afford to belong. No child boys can afford to so that all boys and is ever turned away. ...is building centered. Activities are carried out in the warm, friendly atmosphere of buildings especially designed to conduct programs. .. .has full-time professional leadership, supplemented by part-time staff and volunteers. ...has an open door policy. The Club is open to all members during scheduled hours of operation. .. .has a varied and diversified program that recognizes and responds to the co 11 ect i ve and i nd i v i dua 1 needs of girls and boys. ... is guidance oriented. make appropriate choices. and self confidence. We help chi ldren learn how to We promote their self-esteem Using these principles, we provide a core program based on phys i ca 1, emot i ona 1, cu 1 tura 1, and soc i a 1 needs and interests of our youth. This program offers diversified activities in six areas: 1. Personal & Educational Development 2. Citizenship & Leadership Development 3. Cultural Enrichment 4. Health & Physical Education 5. Social Recreation 6. Outdoor & Environmental Education )},1; All of this is based on a youth development strategy whereby our members usefulness, influence. acquire a sense of a sense of belonging, competence, a sense of and a sense of power or When this strategy is fully implemented, the self-esteem of our youth is enhanced and an env ironment is created wh i ch helps them achieve their full potential. In this way, our Boys & Girls Club is unique from other public and private youth serving organizations. Interest in New Facility As previously stated, the Club has had an interest in this facility ever since the closure of the Club at 5th and I. We are currently providing services at our L Street site (350 L Street), however, the phys i ca I f ac i1 i ty there is no longer adequate with the number of children we are serving and the scope of services we are providing. We are currently serving an average of 78 chi ldren a day which in itself exceeds the capacity of the actual building. This new faci I ity provides the opportunity for growth in the number of children being served; and for program deve1opment, expanding the services to be provided. One of the things that is unique about a Boys & Girls Club is that its target population is toward youth from low-income and minority families. Over 6011; of the children currently being served on the westside fall into this target population. This is why, while the city is growing and deve I op i ng to the east, we are look i ng to grow and deve I op more on the westside. We feel that this is an area that is under-served and has the greatest need. /;J~'I{ DOYS & GIRLS CLUB OF CHULA VISTA OPERA TIONAL PLAN New Community Youth Facility /J,J/.> We propose th$t the Boys & Girls Club of Chula Vista manage this new f$cility through a sub-lease agreement with the city at a cost of $1.00 a year. The Club would operate the facility when not in use by the High School in accordance with the joint use agreement between the City and the Sweetwater Union High School D i str i ct. We wou 1 d ask that there be greater c I ar i f i cat ion as to the extent of the usage by the High School. Coordination of Facility Use We are committed to coordinating and promoting facility usage with other community organizations as it is available. We do th i s on an ongo i ng bas i s a 1 ready at our Oleander facility. We currently work cooperatively with the Sweetwater Union High School District, Boys Scouts, YMCA, N.A. (Narcotics Anonymous), and various other community groups in utilizing our facility as it is available. The Boys & Girls Club would primari ly operate programs in the facility between 2:30 p.m. and 8:30 p.m. Monday through Friday. Other pre-planned events may be scheduled in advance for activities such as monthly dances and special tournaments. Other times organizations Department. would be coordinated with other community such as the YMCA and the Parks and Recreation Staffing Boys & Girls Club Staff playa key role in helping members to gain self-esteem and develop social skills. Trained staff uses group activities to gain the respect and trust of young people and teach teamwork, leadership and how to get along with other. We currently have a trained staff at our L Street facility which would move into this faci 1 ity. The staff is managed by a full-time professional program director who is on-site. We would add additional staff needed to implement expanded programming. The club maintains staff ratios of 1: 15 to ensure quality programming as well as to ensure the safety and well-being of all Club members. I n add i t i on to the above-ment ioned staff and vo 1 unteers, administrative oversight and support is provided by the Execut i ve Di rector, Director of Operat ions, Secretary, and Accountant. I:J -yt-- Eauipment We wou 1 d prov i de the equ i pment necessary to operate the faci 1 ity. This would include, but would not necessari ly be limited to, tables, chairs, desks, sports equipment, social recreation equipment, and cubbies. Some equipment we currently have on hand at other program sites. We also have funds set as i de for th i s equ i pment over and above what has been budgeted for operating expenses. We would further secure additional start up funds as needed. Financial Plan Our current annua 1 budget for our L Street site is $124,692.00. These funds would be diverted to this new site. Projected expenses for the new faci 1 ity for the ten month per i od September 1, 1991 to June 30, 1992 are $114,599.00. The projected budget is included with this proposa 1. The sources of our income i nc 1 ude Un i ted Way, donations, membership, fund raising, and bingo. All sources have been steadi ly increasing and we anticipate they wi 11 continue to do so. We are a Iso developing an aggressive annual giving program and endowment program to ensure financial security. We have a copy of our latest financial audit on file should you request it. Facilitv Maintenance Regarding concerns that have been expressed about our ability to properly maintain this facility, we certainly have that capabi I ity. provisions can easi ly be included in the 1 ease agreement to ensure that bu i I ding standards are maintained or the lease would be nullified. The Club has recently hired a Director of Operations with one of their primary responsibi I ities being faci 1 ity management. The Board of Directors Administration Committee also has the responsibi 1 ity of faci 1 ity management oversight. Our Oleander facility has a regular maintenance plan which includes a janitorial service, landscaping service, a landscaping plan, and scheduled preventative maintenance functions. A maintenance plan should also be developed for this facility in conjunction with the City and The Sweetwater Union High School District. / J "'17 BOYS & GIRLS CLUB OF CHULA VISTA PROGRAMMING New Community Youth Facility JJ~'Ilf One un i queness of Boys & Gi r 1 s Clubs is that they have an "open door" whereby kids have a place to go as they need to. Programs are designed to be developmental and guidance- oriented in nature. The staff serve as positive role models for the youth and this in turn creates positive relation- ships between the children and the staff. Having fun - with a purpose - is a key to understanding the Boys & Girls Club experience. Team sports and social recreation are a major initial attraction to the Club. Once there, young people become involved in various other programs that also promote their physical, social, and educational development. Accordingly, program activities are planned to provide a variety of informal activities, single session activities, and structured activities. club members are encouraged to get involved in a variety of activities and to make choices. Teen programming would be a major focus to our programming as we feel this is an under-served population with great need. Our Oleander faci 1 ity has been very successful in deve 1 op i ng sports 1 eagues for teens. Our teens have a 1 so been very involved in service projects for the community. Add i t i ona 11 y, we have deve loped a "Teen Outreach" program which is scheduled to start in our new teen room within the next few weeks. Our L street facility currently has a Teen Club which has involved teens in field trips, discussion groups, and community service projects. Activities change regularly as our staff is committed to planning a diverse program to meet the interest and needs of our Club members. Input into the types of programs to be offered wi 11 be sought from our Club members, our parents advisory committee, the Chula Vista Youth Commission, and our Board Administration Committee. The programs out 1 ined in activity is following: we plan to offer during the coming year are this section. Please note that beside each a 1 etter in parenthes is wh i ch stand for the (D) - Daily Activity (W) - Weekly Activity, Once or More per Week (M) - Monthly Activity (Q) - Quarterly Activity Iy--'/1 FALL PROGRAM Soccer League (D) (D) Social Recreation Teen Nights (D) (organized activities in the gym Fine Arts (W) Operation SMART* (W) Say NO to Drugs Club (W) Table Tennis (W) Creative Movement (W) Beginning Gymnastics (W) Modern Dance (W) Arts & Crafts (W) Aerobics (W) Sports Card Club (W) Youth of the Month (M) Field Trips (M) Dances (M) Club Newspaper (M) Sir Lipton Sportsmanship Program (M) Theme Weeks (M) Special Events (M) Community Service Project (M) Red Ribbon Week (Oct.) Elks Hoopshoot Contest (Nov.) *Operat ion SMART is a spec i a I; zed, research-based program for girls developed by Girls, Incorpoarted to encourage girls in the areas of science, math, and technology. t:~-1IJ"'>f) 7' winter Program Basketball League (D) Volleyball League (D) Homework Help (D) Social Recreation (D) Organized Activities in Gym (D) Teen Nights (D) SMART Moves* (w) Ballet (w) Keystone Club** (W) Operation SMART (W) Table Tennis (W) Photography (W) Arts & Crafts (W) Sports Card club (W) Fine Arts (W) Beginning Gymnastics (W) Creative Movement (W) Say NO to Drugs Club (W) *SMART Moves is an exciting curriculum that addresses the underlying causes of alcohol and other drug use and premature sexual activity. Because SMART moves teaches young people how to identify and resist pressures that lead to high-risk behaviors, it won acclaim from both the U.S. Office of Substance Abuse Prevention and the Federal Bureau of Investigation. **Keystone Club is a citizenship and leadership development program for teens wh i ch is nat i ona 11 y chartered by Boys & Girls clubs of America. /J7'/ Youth of the Month Dances Field Trips Sir Lipton Sportsmanship Program Club Newspaper Theme Week Special Events Community Service Project Fine Arts Competition Essay Contest Kodak Photography Contest / ) ~f,2. (M) (M) (M) (M) (M) (M) (M) (Q) (Dec.) (Dec. ) (Jan.) Spring Program Wiffleball League (D) Soccer League (D) Homework Help (D) Social Recreation (D) Teen Nights (D) Organized Activities in Gym (D) Keystone club (W) Smart Hoves (W) Tennis (W) Aerobics (W) Tap (W) Say NO to Drugs Club (W) Fine Arts (W) Operation SHART (W) Sports Card Club (W) Arts & Crafts (W) Teen Team Handball (W) Youth of the Honth (W) Dances (H) Field Trips (H) Sir Lipton Sportsmanship Program (H) Special Events (H) Theme Weeks (H) Club Newspaper (H) Community Service Project (Q) I y.. f} Speech Contest Basketball Spot Shot Contest National Boys & Girls Club Week Activities National Girls Club Week Activities / J ~ f'/ (Mar. ) (Mar. ) (Apr.) (May) Summer Program Team Handball League (D) Teen Basketball League (D) Think Tank (Learning Games) (D) Social Recreation (D) Teen Nights (D) Organized Activities in Gym (D) Swimming (W) Tennis (w) Modern Dance (W) Keystone club (W) Fine Arts (W) Smart Moves (W) Table Tennis (W) Say NO to Drugs Club (W) Sports Card Club (W) Operation SMART (W) Arts & Crafts (W) Creative Movement (W) Ballet (W) Dances (M) Field Trips (M) Club Newspaper (M) Sir Lipton Sportsmanship Program (M) Youth of the Month (M) Special Events (M) Theme Week (M) Community Service Proj ct (Q) o~ , a.>- L. L. L. L. L. L. L. L. L. L. L. L. L. L. :J N +> L. L. L. a> a> a> L. a> a> a> L. Q) Q) Q) L. a> Q) L. a> Q) Q) I '" It! 4- -c -c ..cOJQ)Cl) ..c:Q)(()(I) ..!:Q)Q)Q) -Ca>a> .,COJ(1)Q) E -'" L. -c ~~ " ...........4-J-iJ4-J ............ 4-J +J -iJ ...........+J .f",,)...,,) ,+>+> ............j-1 +J ..fJ It! 0 0 3: "'''' "'CCC '" C C C "'CCC "'CC "'CCC Q).~ E <J) NN N~:J:J N:J:J :J N:J:J :J N:J:J N::J:J:J +>a. . It! 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Ii") <<> r- 0 m <( In IJ"5r noys & GIRLS CLUB OF CHULA VISTA BUDGET SUMMARY New Communit~ Youth F acilit~ J J' f' Boys & Girls Club of Chula Vista New Community Youth Facility BUDGET SUMMARY For Ten Month Period September 1, 1991 - June 30, 1992 Personnel $72,204 Employee Related Expenses 14,142 Professional & Outside Services 495 Travel 850 Space 16,500 Equipment 100 Materials & Supplies 5,125 Operating Services 5,183 TOTAL SERVICE COST $114,599 I ]"'I,p Contributions Special Events United Way Bingo Grants Interest Income Membership other Income TOTAL INCOME REVENUE / ;;';,/ $10,200 9,500 29,272 45,833 7,500 3,000 5,000 4,294 $114,599 noys & GIRLS CLUB OF CHULA VISTA ITEMIZED SERVICE BUDGET New Communit'J Youth F acilit'J /.J ,.t~ Boys & Girls Club of Chu1a Vista The budget contains the following line items: Personnel Employee Related Expenses Professional & Outside Services Travel Space Equipment Materials & Supplies Operating Services The I temized Service in each line item figured. Budget shows exact 1 y what is i nc 1 uded and on what basis those costs were Some expenses are spread over more than one program. the "% allocated to serv ice" i nd i cates the percentage charged to this program. Space costs are figured at 50% of total projected that the school district wi 11 be faci 1 ity 50% of the time and therefore wi 11 for 50% of the expenses. additional outside the facility may increase space costs, additional cost would be assumed by the user. cost. It is ut i 1 i zing the be responsible groups use of however, the ut i 1 i ty costs are based on actua 1 costs at our Oleander facility which is utilized approximately the same number of hours that this facility will be. Our Oleander facility is also larger, measuring 26,000 square feet as compared to the new facility which will be 17,000 square feet. Ma i ntenance costs are based on est imates form profess i ona 1 janitorial services. /J-~;l ITEM BASIS SERVICE COST New Community Youth Facility I. PERSONNEL Executive Director 1.0 FTE 15% allocated to service $6,054 Director of Operations 1.0 FTE 25% allocated to service 6,250 Administrative Secretary 1.0 FTE 20% allocated to service 3,009 Program Secretary 1.0 FTE 10% allocated to service 1,366 Program Director 1.0 FTE 100% allocated to service 17 ,500 Program Specialist .75 FTE 100% allocated to service 9,100 Program Specialist .75 FTE 100% allocated to service 9,100 Program Leader .75 FTE 100% allocated to service 6,825 Program Leader .75FTE 100% allocated to service 6,825 Program Assistant .75 FTE 100% allocated to service 6,175 TOTAL PERSONNEL S 72.204 I I. EMPLOYEE RELATED EXPENSES Payroll Taxes Benefits 6,288 7,854 TOTAL ERE $ 14.142 I I I. PROFESSIONAL & OUTSIDE SERVICES Accounting $550 mo X 10 mo X 9% allocated to service 495 TOTAL P&O SERVICES $ 495 /y"'t,/ ITEM BASIS SERVICE COST ". TRAVEL Staff Mileage $40 mo X 10 mos 400 Out of Town Travel 400 Per Diem 50 TOTAL TRAVEL $ 850 V. SPACE SDG&E $1,000 mo x 10 mos x 50% allocated to service $ 5,000 Water $300 mo X 10 mos x 50% allocated to service 1,500 General Maintenance and Repairs $2,000 mo x 10 mos x 50% allocated to service 10,000 TOTAL SPACE $ 16.500 EQUIPMENT Maintenance Agreements Copier $100 mo X 10 mos x 5% allocated to service 50 Computer $ 50 mo X 10 mos x 10% allocated to service 50 TOTAL EQUIPMENT $ 100 VII. MATERIALS & SUPPLIES Office Supplies $65 mo X 10 mos Postage $15 mo X 10 mos Printing $65 mo X 10 mos $ 650 150 650 Social Recreation Equipment, Games, Activity supplies $50 mo X 10 mos 500 Health & P.E. Dept. Equipment, Games, Activity Supplies $50 mo X 10 mos I:J ,j,f' 500 ITEM Classes Arts & Crafts Dance BASIS SERVICE COST $50 mo X 10 mos $50 mo X 10 mos Homework Help Learning Materials, Supplies $40 mo X 10 mos Operation Smart $25 mo X 9 mos Jr. staff Leadership $25 mo X 10 mos Club-wide Special Events Other Program Related Costs $50 mo X 10 mos $100 qtr X 3 qtrs TOTAL MATERIALS & SUPPLIES 500 500 400 225 250 500 300 VI I I. OPERATING SERVICES $ 5 .125 Phone Service Liability Ins Accident Ins Professional Dues Area Council BCA 12.5% GCA 12.5% $ 80 mo X 10 mos $730 mo X 10 mos X 15% allocated to service $ 40 mo X 10 mos X 15% allocated to service Service Orgs. $100 $450 $315 $400 Conferences/Training Training Materials $50 mo X 10 mos Newsletter Awards & Recognition $750 qtr X 3 qtrs X 25% TOTAL OPERATING SERVICES 800 1,095 1,265 300 500 563 600 60 $ 5.183 TOTAL OPERATING BUDGET / J .... t" $114.599 Attachment "A" ,z;~ ~( 1"/ ./ Minutes of a Regular Meeting of the PARKS AND RECREATION COMMISSION Thursday 6:00 p.m. June 20, 1991 ***AMENDED*** Public Services Building Conference Room 2 ******************* CALL MEETING TO ORDER ROLL CALL MEMBERS PRESENT: Chair Sandoval-Fernandez, Commissioners Hall, Lind, Willett, Carpenter, Roland MEMBERS EXCUSED: Commissioner Helton 1. APPROVAL OF THE MINUTES The minutes of the meeting of May 16, 1991 were approved as distributed. MSC WILLETTILIND 6-0 2. PUBLIC HEARINGS OR REMARKS None 3. UNFINISHED BUSINESS a. Community Youth Center Director Valenzuela gave an overview of the three options before the Commission ..- for operating the Community Youth Center. 1. that the City operate the facility in conjunction with the YMCA, GirlslBoys Club and the Sweetwater Union High School District 2. that the City operate the Youth Center in conjunction with the Sweetwater Union High School District 3. that the GirlslBoys Cub operate the facility in conjunction with the Sweetwater Union High School District He pointed out the advantages and disadvantages of each of the options. Staff recommends Option #1 because it would promote greater utilization of the facility, provide greater control over the maintenance of the facility and be cost efficient. PARKS AND RECREATION OOMMlSSION MINlITES MEETING OF JUNE 20, 1991 SCOTI MOSHER of the GirlslBoys Clubs spoke in favor of Option #3. He stated that the Club is limited in its ability to serve the children of western Chula Vista because of lack of space. It is his feeling that the citizens of western Chula Vista do not understand that the GirlsIBoys Club shut down their I Street facility to make room for the expansion of the Chula Vista Center. They provide a wide range of programmil1g during the week, which will include programs for teens. Mr. Mosher stated that even though the Club is a drop-in center, they assume a great deal of responsibility for the children in the programs. PAGE 2 Commissioner Willett inquired about the lack of programming proposed by the Boys/Girls Club on the weekends. Mr. Mosher stated that their studies showed a very low need for child care and other programming on the weekend. He further stated that while it did not appear at this time to be cost effective for them to keep the Center open on Saturdays or Sundays, they were flexible on this issue and could bring programming in line with their other facilities, for example, the Oleander facility where they have bingo on the weekends. BOB FOX of the Boys/Girls Clubs spoke in favor of Option #3. He feels that the Club targets low income and minority people and provides quality, affordable day care to the co=unity at the least cost to the City. He stated that the Boys and Girls Club programs are unlike other programs that when the program ends and children are free to go. The Club can keep kids until 7:00 pm at a price that parents can afford to pay. . BEN RICHARDSON of the Boys/Girls Clubs spoke in favor of Option #3. He feels that in order for the Club to serve western Chula Vista in the same way that they are serving eastern Chula Vista through their Oleander facility, they need to have more space. DIANE CHAMBERS stated that the Boys/Girls Club offers a variety of programs, and that children in this area of Chula Vista really need supervised programs. JONNIE lAUGHLIN stated that it was her understanding that when the I Street facility was tom down, it would be replaced within a few years. She is in favor of having the Boys/Girls Club housed in the Co=unity Youth Center. Director Valenzuela gave an overview of the programming that would be provided for both younger children and teens by the City of Chula Vista should Option #1 be chosen. This programmin!\ would be available both weekdays and weekends. Corporate and private sponsorship will be sought by the Department in order to provide the highest possible quality programming. In addition to these programs, the PARKS AND RECREATION COMMISSION MINUTES MEEI1NG OF JUNE 20, 1991 PAGE 3 Department would coordinate with YMCA, Boys/Girls Oub, and School District programmirtg to maximize use of the facility and recreational services to the community. Both Commiqjoner Willett and Chair Sandoval-Fernandez expressed their concern that the representatives of the Boys/Girls Oub were giving the impression that they provide licensed child care at the Youth Center and that it was not the intent of the Youth Center to be a child care center. Mr. Mosher stated that no child care programs were planned for the facility; that the programs previously referred to were drop-in programs. The club does provide licensed child care at their Oleander site and that program would remain intact. Commissioner Sandoval-Fernandez asked the Director if Option #1 would accommodate these drop-in programs. Director Valenzuela stated that two rooms would be available for this type of activity. So the Club would be able to program this type of activity, but not to the extent that is outlined in the Oub's proposal. In response to a comment made earlier by Mr. Mosher relative to Boys/Girls Club staff's giving guidance to children in situations involving physical and/or sexual abuse, Commissioner HaJJ inquired whether the Boys/Girls Club had licensed counselors on staff. Mr. Mosher replied that while they do not employ any licensed counselors on staff, children do gain confidence in staff members and share information with them. The following dialogue ensued between Commissioner Hall and Mr. Mosher: HALL MOSHER HALL MOSHER HALL MOSHER In the cost of maintenance, why should the City absorb the cost of maintenance? We feel that maintenance is negotiable. Since the Boys and Girls Club will operate the facility at no cost to the City, maintenance at the City's expense should be an acceptable trade-off. Does your staff possess any formal education in counseling? We don't get into specific counseling. We do not have certified counselors on staff, however, our staff can do problem solving with children in difficult home situations without having those type of credentials. What is the definition of the Boys and Girls Oub's "drop-in" element? Boys and Girls Oub is exempted from child care laws, however, children can come and go as they please. Staff tries to enforce when PARKS AND RECREATION COMMISSION MINUI'ES Ml:llillNG OF JUNE 20. 1991 PAGE 4 kids leave based on known wishes of parents. HAil. What is the exact staffing level to be? What is the Boys and Girls Club prepared to commit to? MOSHER One full time program director, 5 part time staff that will be present as attendance warrants. The following dialogue ensued between Commissioner Hall and Director Valenzuela: HAil. Does the City have the resources to take in kids who may not be able to afford the fees required for programs? DIRECTOR Yes - through various scholarship programs for those who cannot afford fees and a sliding scale for others. Also, the Center will be free for drop-in programs on Friday and Sunday. Commissioner Sandoval-Fernandez stated that it was her understanding that none of the existing Boys and Girls Oub programs would be lost if Option #1 were adopted, that only the Oubs projections for growth would be constrained. Mr. Mosher answered that they could provide a level of service under this option but not to the degree outline in their proposal. Commissioner Hall stated that it is his feeling that since the west side of the City is facility poor and will be facility poor for some time in the future, it is imperative that this facility be used for the maximum benefit of all. His biggest concerns about the Boys and Girls Club's operation of the facility are long term concerns. While the current Directorship of the Club will honor certain commitments, changes can occur on the Board of Directors and changes can occur at the Director-level. Because of these changes there can be both financial and leadership instability. For this reason he does not believe that the City should allow control of the facility to reside with a privately run organization. He feels that the time and cost to the City to ensure that the facility is properly maintained are minimal compared to the benefits that will come back to the entire community. Motion to recommend that Option #1 be adopted. MSC WlLLE1T/HALL 5-0 (Commissioner Und abstained, conflict of interest) b. American Le~on Director Valenzuela gave the Commission an overview of a progress report on the sale of 1.6 acres of Eucalyptus Park to the American Legion. PARKS AND RECREATION COMMISSION MINUTES MEETING OF JUNE 20, 1991 PAGE 6 Mr. McCauley stated that the building would be a co=unity service center and that separate spaces would be provided for people drinking beer to keep them apart from other activities. He stated that the American Legion had commissioned an architect to design the building to acco=odate the various activities. Motion to direct Parks and Recreation Department staff to work with the City Attorney's staff to work jointly with the American Legion to resolve some of these discrepancies and come up with a concrete long range plan, basically to continue negotiations for an agreement. MSC WIlLEIT/CARPEN1ER 6-0 4. NEW BUSINESS a. Southbay Little Leasue Director Valenzuela gave a history and report of the current situation at the Little League fields at Orange/Rienstra. An investigation of this situation was prompted by a letter from Mr. Tom Martin, relating his concerns in the matter. The particular position of the fields creates a hazard to spectators from foul balls. The Department offered several proposals for financing security equipment to prevent this hazard. Tom Martin, a resident of Chula Vista, reiterated the concerns he had outlined in his letter, and stated that he feels the City should pay the cost of remedying the situation. Motion to support Option #3, City to pay the entire cost of the security equipment, and that this be installed as soon as possible. MSC WILLEITILIND 6-0 b. Bicvcle Path Study Samir Nuhaily of the Engineering Department presented the original scope that was planned for the study and stated that options at this point, due to lack of funding, are either to scale back the study or to wait until next year in the anticipation that more funds will become available. Commk~ioner Willett pointed out that aerial photos of the areas in question are already being generated as a part of the Otay Regional Park Project. If the Engineering Department could access these photos, it would save a considerable amount of expense and the $50,000 already held in reserve for the study would then cover much more territory than currently anticipated. PARKS AND RECRFATION COMMISSION MIN1J'I'FS MtilinNG OF JUNE 20, 1991 PAGE 7 The Commission requested that staff reassess what component of the study could be implemented for $50,000 and return to the Commission next month with that report. Motion to recommend to Council to support Department of Parks and Recreation and Parks and Recreation Commission's involvement in the planning process for bicycle path systems within the City. MSC HALl/Wlll..EIT 6-0 Motion to recommend that Council; 1) support the Commission's involvement, 2) direct staff to set up a public forum, 3) return back to the Commission with any pertinent recommendations. MSC HALl/Wlll..EIT 6-0 c. Selection of terms of office for new Commissioners Secretary Stohr stated that she had spoken with Commissioner He]ton regarding the drawing of lots for term. Commissioner He]ton had suggested that Commissioner Carpenter draw a term and she would take the remaining term, rather than wait another month until they could both be present. Commissioner Carpenter drew the term ending June 30, 1991, leaving Commissioner Helton to serve the term ending June 30, 1994. Per the ordinance, Commission Carpenter will be eligib]e for two additional four year terms and Commissioner He]ton will be eligib]e for one additional four year term. 5. COMMUNICATIONS a. Written Correspondence Secretary Stohr distn"buted copies of a letter from Mayor Pro Tem Moore which recapped a recent meeting of all Commission Chairs. b. Commissioners' Comments Commissioner Willett complimented Director Valenzuela on putting the Commission's information packet together. Commissioner Hall offered to represent the Commission to Council when the Youth Center issue is heard. PARKS AND RECREATION OOMMISSION MINtITES Mtili"llNG OF JUNE 20, 1991 PAGE 8 Commissioner Willett expressed his concern over comments made by Scott Mosher regarding Boys/Girls Qub staff counseling battered children and whether these employees were qualified as counselors. He did not feel that his concerns had been fully addressed by Mr. Mosher's subsequent comments regarding this issue. Commi"Sioner Iind expressed his pleasure at the speed with which the Norman Park Center is progressing. Chair Sandoval-Fernandez asked if the Election of Officers would be agendized in July and was assured it would. 6. MONTHLY REPORT Director Valenzuela reminded the Commissioners of the upcoming Memorial Park rededication and the concert featuring the Marine Corps Band. In addition, he gave the Commission an overview of the rest of the bands that will be participating in the concert series this summer. ADJOURNMENT to the regularly scheduled meeting of July 18, 1991. Respectively Submitted, 12' r I .' -f / {~ m/;;. / Carole Cramer Stohr DRAFT Minutes of a Regular Meeting of the PARKS AND RECREATION COMMISSION Thursday 6:00 p.m. July 18, 1991 Public Services Building Conference Room 1 ******************* MEMBERS PRESENT: Chair Sandoval-Fernandez, Commissioners Hall, Helton, Und, Roland MEMBERS EXCUSED: Commissioner Carpenter, Willett 1. APPRO V AI.. OF MINUTES a. Commissioner's Absence The Commissioners carefully reviewed the correspondence received regarding the unexcused absences of Commissioner Roland in the months of March, April and May. Motion to excuse Commissioner Roland's absences for the months of March, April and May retroactively. MSC LlNDIHELTON 5-0 b. ADmoval of Minutes Commissioner Hall requested that under the Youth Center item his questions and Mr. Mosher's answers be included verbatim in the minutes. In light of the Commission's decision on Item la of this agenda, the minutes will be amended to reflect Commissioner Roland's presence and vote at the June meeting. Chair Sandoval-Fernandez requested that Mr. Tom Martin's presence at the June meeting be noted in the minutes. Motion to approve the minutes as amended to reflect Commissioner Roland's vote and the above mentioned items. MSC LINDIIROLAND 4-0 (Helton abstained, not in attendance in June) PARKS AND RECREATION COMMISSION MINUTES FOR MEETING OF JULY 18, 1991 PAGE 2 2. PUBLIC HEARINGS OR REMARKS NONE 3. UNFINISHED BUSINESS Bicycle Study Director Valenzuela stated that he had not yet received the requested report from the Engineering Department. He has assigned a member of the Parks and Recreation Department to work with Engineering on this and requests that the item be tabled until next month. 4. NEW BUSINESS a. Election of Officers Motion that the following people hold office for FY 91-92. Russ Hall, Chair and Bob lind, Vice Chair. These officers to take their seats at the August meeting. MSC HELTONIROLAND 5-0 b. Norman Park Center Parkin!!: Study Committee Commissioner Helton stated that she would like to serve on this committee. Motion to appoint Commissioner Helton to this Committee. MSC HALUROLAND 5-0 5. COMMUNICATIONS a. Written Communications Letter from Mr. Otto regarding Hilltop Park Director Valenzuela stated that he had just finished drafting a letter to Mr. Otto which addressed many of his concerns either by defining the action that was being taken or, in the case of the vegetation on the slopes, informing him of the reasons for non-irrigation. Commissioner Helton pointed out that many of the concerns expressed in the letter have nothing to do with the Parks and Recreation Department, but are PARKS AND RECREATION COMMISSION MINUTES FOR MEETING OF JULY 18, 1991 Police problems. She expressed curiosity as to whether or not Mr. Otto had been in communication with the Police Department, and if not, why not. She also suggested that the students from Hilltop High School be enlisted to patrol the park in lieu of heavier Police patrol. She feels that this park basically belongs to the students of Hilltop High School and that they are the prime users. In addition, Commissioner Helton stated that the City should take a look at closing the park earlier in the evening, perhaps at dusk. PAGE 3 Commissioner Roland feels that the Police should patrol the park on a more frequent basis. Commissioner Hall feels that the Police should just enforce the curfew law that is already on the books rather than amending park hours. Commission Lind concurred. He feels that closing the park at dusk would be too restrictive on people in the neighborhood who may want to take an evening walk through the park. The Commission requested that this item be agendized for their next meeting, and that they receive a copy of the response to Mr. Otto's letter. b. Commissioners' Comments HELTON o feels that the City should run the Youth Center and not release control of this facility to a privately run organization. o stated that the Boys & Girls Qub's current facility is not well maintained and that there would be a high risk in turning the new facility over to them. She stated that when she visited the Oleander site with Commissioner Carpenter she found most of the children sitting in groups of two or three in the dirt behind the clubhouse, not participating in any programmed activity, and not even well supervised. o does not like the trellis in front of the Norman Park Center. She stated that the trellis was not on the plans before and she feels that the Design Review Committee is forcing something on the community that the community does not want. She stated that she wants to know how much of the seniors' money is being spent on the concrete to form the trellises. She requested that this item be agendized in August and that plans be brought before the Commission at that time because she feels that the trellis was added after the Commission on Aging reviewed the plans. o would like to have the Director's Report placed prior to unfinished business on the agenda. The rest of the Commissioners present concurred. PARKS AND RECREATION COMMISSION MINUTES FOR IlEETING OF JULY 18, 1991 PAGE 4 LIND o stated that while he feels that the Boys and Girls Dub is a good organization, it is just a babysitting service and nothing more than that. o commended Senior Park Supervisor Jim Davis on his appearance at the Youth Sports Council meeting and his swift actions to remedy certain parks problems after that meeting. o stated that the Youth Sports Council would like to know if there has been a change in the basic plan at Terra Nova to include the basketball court and sidewalk which will cut into the soccer facility. This will be agendized in August and the Director will comment on it. ROLAND o would like to know if EastLake will be putting a jogging trail around their golf course. He stated that such a trail was approved and asked the Director to find out whether or not this was still in the plan. HALL o thanked the Commission for appointing him Chair for the next year. He stated that the way he would conduct meetings is to start on one side of the table and take commissioners comments in order. He also stated that he would like each person to wait to be recognized by the Chair before speaking. If no commissioners object to this he will proceed on this basis. No commissioners present objected and Commissioner Hall said that he would communicate personally with both Commissioner Willett and Commissioner Carpenter to be assured that they had no objections. o thinks that anyone who reads through the last month's Parks and Recreation Commission minutes and/or reviews the proposals that were submitted will see clear]y that the Parks and Recreation Department's programs are superior. He feels that the Boys & Gir]s Club's rationale of being given the Center because they lost a facility does not carry any weight because the City recently lost a facility at the Fourth and Orange site as well. 6. DIRECTOR'S REPORT The Director reported that he has met with Norma McCandliss and toured the area that is planned for the Gayle McCandliss Memoria] Grove, giving Ms. McCandliss specifics on the types of trees that will be planted. Southbay Summer Games will be held on August 3 at Southwestern College. Over 600 kids will be involved. PARKS AND RECREATION COMMISSION MINUTES FOR MEETING OF JULY 18, 1991 Rohr Park project should be done by October or November of this year. Marina View Park will go out to bid in August, with construction to begin in October. Commissioner Sandoval-Fernandez requested an update on this project at the August meeting. PAGE 5 Approximately 1500 people have been attending the Music in the Park concerts. The Director distn"buted VIP parking passes to the Commisisoners for the San Diego Pops Concert. Adjournment to the next regularly scheduled meeting of August 15, 1991. Respectfully submitted, ^ J2~!~ 4#tz~ Car01e Cramer Stohr . 1 . 1 . ] ] J ,.. .... J ] ] ] ] - ,. ,. -- 1 YOUTH / COMMUNITY CENTER LOCATION MAP 'frB - CIlY OF '" CHULA VlqA ( ......~_. 1'9":'_.__ "'_..'--,.... , . ....~.... ....... ~ i . - . . ~.. . EXHIBIT "A" I F/1N_ ~I P11::::>,J A PORTION OF LCT 14 OF QUAR7Ei< SECTION 11:6 0: HNCHO !Jr, 1.1. FACIO;'; ACCORDINC TO HAP THEREor ~O. 50S A5 FILED !~ tHE OFFICE OF THE COUNTI REC~R~ER, COUN.Y CF SA~ DIEGO, $TATE OF CALIFORNIA. HORE 'ARTl~ULARLY DESCRIBED A$ FOL~O~S: .!CIN.I~C AT TNt SOUTH_EST CORNER OF SAID LO~ 14; THENCE ALONG THE SOUTHERLY LINE or SAID l.OT 14 NORTH 700 53' 10" EAST, A DISTANCE OF 595.00 FEET: THENC!, LEAVING SAID SOUTHrRLY LINE, NORTH 19" 0" 29" WEST A DIST~NCE 0: 205.00 FEET; THESCE PARALLEL VITE SaID F~UTRERLY LINE SOU!li 70' 53' !~" ~EST. A DISTANCE OF 185.00 FEET. THENCE SOUTH 190 06' 29" EAST II DISTANCE OF 150.00 FEET: THENCE SOUTH 70. 53' 10" V!Sr A DISTANCE OF 410,no FEET TO THE WESTERLY LISE or SAID LO! IA; THENCE SOUTH 190 ~L' 2~" EAST A DISTAtiCE or 55.00 nn TC' THE POj!i1' Of SEGIN!lBG. ," - ,,..,. , . " . . . ~. ATTACHMENT C . GROUND LEASE AND JOINT USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SWEETWATER UNION HIGH SCHOOL DISTRICT REGARDING YOUTH fACILITY AT CHULA VISTA HIGH SCHOOL THIS CROUND LEASE AND JOINT USE AGREEMENT is entered into on this ~d'Y of ~tember . 1988. between the CITY OF CHULA VISTA, hereili"iTfi"r referre to as .C1 ty". Ind the SWEETWATER UNION HIGH SCHOOL DISTRICT. hereinafter referred to IS -District.. RECITAlS WHEREAS. a need for community youth Ictivity facilities exists in the neighborhoods of western Chula Vista which is of concern to both the City and the District. and. IIHEREAS. the discontinuance of the Boys' Cl ub faci 11 ty at 495 . I" Street in Chula Vista to IccOlllllodate expansion/renovation of the Chula Vista Shopping Center will further exacerbate that need; and. , WHEREAS. funds exist under the control of the City which can be used for the provision of I youth facility to replace said Boys' Club facility; and, IIHEREAS. . site exists on the campus of Chula Vista High School which could Iccommodate such I youth facility; Ind, ." WHEREAS. the development of such a facility at said site would create' In opportunity for use which would be of benefit to the District and to the District's students; and. WHEREAS. the development of such a facility at said site would enhance the community youth Ictivity facilities for western Chula Vista desired by the Ci\y. WITNESSETH: this Igreement is Nde upon the following terns and conditions: . The tenn of this Ground Lease Ind Joint Use Agreement shall comence on the 1st day of Seetember . 1988. Ind shall expire on the 1st _day of September . ~02. By mutual Igreement of the City Ind the Diitrrct, this Igreement NY be extended for In additional twen\y years with the same te~ Ind conditions through written notification of the District by the City. '. A. GROUND lEASE t 1. Ground lease: District does hereby rent unto City and City rents from District that certain real property situated in the City of Chula Vista, State of California, and commonly described in Exh~bit -A- hereto attached. Ccmc~satfio~ City sha" pay to the District as and for the ren a 0 e property subject to this agreement the sum of $1.00 per year for each and every year so 10ng IS tenancy contfnues. Each installment of rental shall .be paid in advance on the anniversary date of the execution of this agreement to the Sweetwater Union High School District, 1130 Fifth Avenue, Chu1a Vista. California 92011. 2. 3. Remedy: If any rentals shall be due or unpaid, or if default shall be ..de in any of the provisions otherwise contained herein on the part of the City to be observed and performed, District Ny exercise any and all remedies provided by law or equi~ by reason of such default, including' the right at District's option of terminating this tenancy. Events of Default: The failure or omission of District to teronnate th1S lease for any violation of iny of its terms, conditions, or covenants, shall in no way be deemed to be a consent by District to such violation and shall in no way bar, stop, or prevent District from terminating this lease thereafter, either for such or for any sUbs,quent violation of any such term, condition or covenant. The acceptance of rent hereunder shall not be or be construed to be a waiver of any term, covenant or condition of this lease. 4. B. DESIGN, CONSTRUCTION, AND DISPOSITION OF IMPROVEMENTS 1. Youth facility: The City shall construct a youth facility on the thula Vista High School campus on the property subject to Ground LeISe under Section A above, that youth facil ity to be appr-ox1111.tely 14,000 squar-e feet of bUilding space with associated par-king. The facility is conceptually planned to include a gymnasium with one standar-d-s1ze main basketball Court and two practice basketball courts perpendicular to main court, an administrative office, two activity/craft rooms, one of which would be equipped to acconmodate dance classes, and boys' and girls' restrooms. -2- -- . i . . Facility Design and Construction: Subsequent to consul tation among the V1str1ct, the ~1ty. and potential youth service provider tenants, included at the option of the City, the youth facility win be designed at no cost to the District by a qualified architect. In addition to review and approval by the City Design Review COIIIIIittee and the City Council, the design shan be subject to approval by the District. In addition to .11 regular City approval processes, the construction plans shan be sUbject to the approval of the State architect and be in conformity with the State Educational Field Act. 3. Upon termination of the ground lease and any extensions of that 1ease, all property i~provements remaining on the property shall become the property of the District. 2. C. JOINT USE 1. Use - ~ty: The City or its facn ity lessees shall have full use of e facility during all non-school hours except IS otherwise agreed upon. The City or its lessees shall also have use of the facnity during school hours only for administrative functions related to the facility and fOr maintenance functions other than custodial, routine or emergency. Notwithstanding the above, all types of uses by the City would be subject to all California State Educational Code sections regarding use of school facilities and would be sUbject to District approval, that approval not to be unreasonably withheld by the District. District: The District would have full use of the facility dUr1ng school hours. As mutually agreed upon by the City and the District, the District may al so use the facn ity during certain after-school hours and certain hours of the day during summer vacation. It is anticipated that the District will desire to conduct athletic team practices and intramural athletic competition in the facility during after-school hours. Notwithstanding the above, all types of uses by the District would be subject to City approval and would be limited to those approved by the City as not physically detrimental to the facn ity. General: Prohibited types of uses for both the Agency and the District would include, but not be limited to, partisan political functions, denominational religious services, and functions involving the serving or consumption of alcoholic beverages. -3- , . - .. .School hours. shall be defined as constituting from the opening to the closing of the regular session school day at Chula Vista High School. from 7:30 a.m. to 2:25 p.m.. Monday through Friday. from September 12 to June 22. If those school hours are amended in the future. a"1 alteration of the hours or dates of full use of the facility by the District to correspond to those altered school hours shall be subject to mutual agreement by the City and by the District. Scheduling of Use t. School Year: Use of the facUity by the District during the regular school year (September through June) shall be scheduled annual1y by mutual agreement of the City Director of 'arks and Recreation. the District Director of Support Services. and the Chula Vista High School Principal no later than the preceding May 1. b. Summer School: Use of the facility by the District during Summer School (June through August) shall be sc~eduled annually by lIutual agreement of the City Director of Parks and Recreation. the District Director of Support Services, and the Chula Vista High School Principal no later than the preceding April 1. 3. Custodial Services: The District shal1 provide all custodial services for the subject facility and shall .maintain" the facility at all times in a clean. orderly and usable condition. .Custodial Services. shall mean cleaning the"facility, restoring it dany to an orderly condition. and making minor repairs in order to maintain the day-to-day serviceability of the facility. 2. The City shall be responsible for the cost of custodial services for the subject facU ity in an amount proportionate to the use by the City and its facility lessees. The City shall reimburse the District on an annual basis in arrears for the custodial services for which the City is responsible and which the District has provided. The City's proportionate share shall be determined annually by mutual agreement of the City Director of Parks and Recreation. the District Director of Support Services. and the Chula Vista High SchoOl Principal and shall be based on records of usage maintained by the City and the District. Reimbursement to the District shall be based on actual rate of cost to the District for custodial services for the sUbject facility. The District shall be resPQnsible for the cost of custodial services related to its use of the facility. The District shall make the Agency innediately aware of ,any deficiencies in the facU ity which are observed by the District's custodial staff and which could have a detrimental -4- . \ . ~ effect on the condition or longevity of the bUilding or equipment or fixtures within the facility or which could pose health or safety hazards to facility occupants or the general public. 4. '- Ceneral Maintenance and Replacement: The City shall be responsible for general maintenance and replacement of the faciH~ for the term of this agreement. The District shall be responsible for reimbursement to the City for the cost of teneral ..intenance and replacement of the facility where use by the District or its agents or lessees causes damage or excessive .ar and tear as mutually agreed upon by the City Director of 'arts and Recreation, the District Director of Support Services, and the Chuh Yista High School Principal. Such reimbursement shall be ..de within 30 days of notification of the District by the City following general maintenance or replacement. 5. Utilities: The City shall contract for utility services of gas, electric, water and sewer for the facility. and shall be responsible for payment of utility charge billings. Utility service costs shall be shared by the City and the District proportionate to respective facil ity usage. The proportionate shares shall be determined annually by mutual agreement of the City Director of Parks and Recreation, the District Director of Support Services, and the Chula Vista High School Principal and shall be based on records of usage maintained by the City and the District. The District shall reimburse the City on an annual basis in arrears for the designated proportionate share of utility costs. D. GENERAl PROVISIONS 1. Indemnification: City and District agree to indemnify and save free and harmless each other and each other's authorized agents, officers, and employees or the City's sublessees against any liabilities and any costs and expenses incurred by either party or their authorized agents, officers, and employees on account of any claim or 1awsuits arising from use of the property or facf1i~. This. provision is intended to share any potential Habf1 ity arising out of use of the facn ity as provided in Government Code Sections 895.4 and 895.6. The City will indemnify and save District free and harmless from all claims arising from construction of the joint use facnity, including but not limited to mechanic's liens for labor and materials, and eost of defending against such claims, including reasonable attorney's fees. 2. Insurance: City shall provide evidence. of general 1fabil ity insurance coverage for a minimum of $5 million for the use of the subject premises and facilities by itself and its agents and -5- . . , . 'I 3. sublessees and shall name the District IS additional insured. District sha11 provide evidence of general 1 iabil ity insurance coverage for a minimum of $5 million for the use of the sUbject facility by itself and its agents and sublessees and shall name the Citl as additional insured. Athletic Field Use: Any use of the Chula Vista High School athletic fields by the City or its facility lessees is not covered by this agreement, but shall be subject to the District's regular facility use process. Anendment: This agreement lIIay be amended from time to time by the IlUtual consent of the parties hereto and onlr in the same ..nner as its adoption. The term this "agreement' herein shall include any such amendments properly approved and executed. Notices: All notices required or provided for under this agreement sha11 'be in writing and del ivered in person or sent by certified mil, postage pre-paid, return receipt requested, to the principal office of the City and the District. Notice shall be effective on the date delivered in person, or the date when the postal authorities indicate that the mailing was delivered to the address of the receiving party indicated below: 4. 5. Notice to District: Sweetwater Union High School District Superintendent 1130 fifth Avenue Chula Yista, CA 92011 ~ Notice to City: City of Chula Vista Citl Manager 276 Fourth Avenue Chula Vista, CA 92010 Such written notices, demands, correspondence and communication .., be sent in the same lIIanner to such other persons and addresses IS either party lIIay from time to time designate by ..n as provided in this section. A party lIIay change its address by giving notice in writing to the other party and thereafter notices shall be delivered or sent to such new address. . 6. Institution of legal Action: In addition to any other rights or remedies, either party lilY institute legal action to cure, correct or remedy Iny def.u1 t, to enforce any covenants or Igreements here1n or to enjoin Iny threatened or attempted -6- . . . .. wfolaUon thereof; to recover damages for any default, or to obtain any other remedies consistent with the purpose of this agreement. Such legal actions must be instituted in the Superior Court of the County of San Diego, State of 'Calffornia.or in the Municipal Court of the County of San Diego, or in the Federal District Court in the Southern District of c.1fforflia. . . 7. 1fcable laws/Attorne s' Fees: This agreement shall be cons rue an en orce 1n accor ance with the laws of the State of Ca1ffornia. Shoul d any action be brought in any Court of comfetent Jurisdiction. the prevailing party in such action sha 1 be entitled to all attorneys' fees, court costs and necessary disbursements in connection with such litigation. . 8. Entire Agreement: This agreement constitutes the entire understanding and agreement of the parties. This agreement integrates a11 of the terms and conditions mentioned herein or incidental hereto. and supersedes a11 negotiations or previous agreements between the parties with respect to ..11 or any part of the subject matter hereof. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. CITY OF CHULA VISTA BV, ~~,{~ SWEETWATER UIJION HIGH SCHOOL DISTRICT .- . WPC 3635H BY: '-7-z~ _ )(~A ~_.-<, Nick Aguilar. P' sident ~ S cretary ~ -7- , , , j. I I I , I !:',:i!J:i1'IIi ;1 .-ij!. In .il",oll.11 ~i:li!i:t .m. '( 1\ 1111 ":1 l'lii,!~.! '1:, . i'~I" ~ 11f,,;111 d 1'!iJJI,. ~I I ~ ~ft'lft p.; !~gj!1 Iii __ _ , 0 I ... I, oo J. " - ~-' .. --=. '-0 _._ .. . --]-..-... .... . . ...- --~ --'-.t;:"~==-- . . II : r :"D';' I;: -- . I , I \ / ! ij ~ no,._ ij . I.~I ft' 'v' . . ".' . . . '~..- . r i I I I I , 1 I -~ -.... ......... ,. .. ".... ; I~................. .,~. '.,.... ,. .......,,, ~\t,~ .=...i::. etIiIA....,.n... ~ """"c.......n CDrTU ntIA~. -.___ , 1 j . H 'j I ..1 ~!t= -, T,., I . j I f ~. (~" . oe . . . --,'" I' 'I ,-..., ft '.~ 'I i_.. , 'I 18,' I . n i: t .... '~'~"" '. ".- Attac " I, . . i .! .' . , I ' , . I ~ - I , . 'JPB ..- -- - .. --- ."""""'" - - .- Wbn'~r. Wlmn'.,,"*,"G" Attachment "R" . REDEVELOPMENT AGENCY AGENDA STATEMENT . Item 5 Meeting Date 9/13/88 ITEM TITLE: Resolution Entering into an agreement with Wheel er-Wimer-Bl ackman & Associ ates to provi de architectural services for the Chula Vista Y~:h Community Center Community Development Directortpa Executive DirectotJ~ ~~~ (4/5ths Vote: Yes-!-No___) The City-owned building used by the Chula Vista Boy's Club, which was formerly located at the corner of "I" Street and Fifth Avenue, was removed as a result of the Chula Vista Shopping Center expansion. It functioned as a recreation center for area youngsters residing in the central part of the City. When it was determined that the City-owned building which housed the club needed to be removed, the Redevelopment Agency made a commitment to construct a new youth community center to serve the Central City community. SUBMITTED BY: REVIEWED BY: The Agency has entered into a 1 ease agreement wi th Sweetwater Uni on Hi gh School District to construct a new youth community center on the Chula Vista High School campus near the northeast corner of "L" Street and Fifth Avenue. The Agreement presented tonight to Agency members will provide architectural services for the design and construction of the facility. RECOtfoIENDATION: That the Redevelopment Agency adopt the attached Resol uti on entering into an Agreement with Wheeler-Wimer-Blackman & Associates to provide architectural services for the proposed youth community center. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.- DISCUSSION: On September 1, 1988, the Sweetwater Union High School District Board executed a land lease to allow the Redevelopment Agency to construct the youth community center on the Chula Vista High School campus. The next stpp toward development of the hcil ity is to Drepare desiQn and constrllrtinn dOtlolmeRts. . The center is proposed to accommodate approximately 14,000 sq. ft. of floor area and will house a gymnasium equipped for basketball courts and indoor soccer. two activity/craft rooms, and an administrative office. Associated vehicle parking, public improvements, and landscaping also will be included. ~he center will be jointly used by the City or its lessees and the High School District; because of the school use, the building plans must comply with the requirements of the Office of the State Architect (OSA) for school building ( " . ( t Page 2, Item 5 Meeting Date 9/13/88 construction. Since the Sweetwater Union High School District recently prepared a list of architects qualified to construct school facilities under OSA requirements through an RFP process similar to the Agency's standard process, their list was utilized to select a firm for the City's project. After reviewing the qualifications of the architectural firm of Wheel er-Wimer-Bl ackman and Associates, City and District staff are recommending them to the Agency. An overview of the firm and resumes for both the Project Architect and Project Manager are attached (Exhibit A) for your 1nfo~ation and consideration. An Agreement with Wheeler-Wimer-Blackman and Associates for architectural services is provided with the attached resolution. This contract was negotiated by Agency staff and contains provisions for site studies and surveys, design drawings, construction drawings, and construction administration. The City Attorney's office, Risk Manager, Building and Housing Director, Planni ng and Publ i c Works departments, and City's contract architect have all reviewed the Agreement and have found it satisfactory. In summary, the proposed architect's agreement contains the following components: Base Contract: The Architect's basic services will be provided in four phases. The first phase will involve "workshop planning" with staff, the Design Review Committee, the Agency, and the School District, where the asic de "tud for the facilit will be develo ed. Final design and architectural elevatlons ~I e prepare urlng ase II. Actual construction documents and building specifications will be. prepared and submitted to the Office of the State Architect and City: departments for a building permit during Phase Ill. The Architect will. assist with on-site construction administration in the fourth and final phase of their contract. In addition to building design, basic services also will include consul ti ng engineers, 1 andscape architecture, the Archi tect' s attendance at formalized meetings (i.e.. DRC, Agency meetings), and the Architect's coordination with the Office of the State Architect. The Architect's compensation for basic services is based on 9-1/2% of the project construction cost, which is expected to be about $1,000,000. The Architect is guaranteed at least $95,000 if they complete all tasks required in the Agreement to the satisfaction of the Agency. In accordance with the Agreement, the Architect will provide revised project cost estimates after each phase of their work is completed, but their final compensati on will be based on the actual constructi on bi d. amount. ," ( Page 3, Item 5 Meeting Date 9/13/88 In the event the actual construction cost exceeds the project budget by lOS or more, the ArcMtect will revise the construction drawings so the project can be constructed to the Agency's satisfaction to within 10% of that budget. A schedule of the Architect's hourly fees and reimbursable expenses has been included in the Agreement to base extra expenses and/or unforeseen costs on if incurred. Preliminary Studies: Preliminary studies entail a site study requested by the school district to determine the best siting on the school grounds and engineering studies, including soils investigation. The site study was completed by the architect in order to provide information to the Agency and the school district to aid in the decision on the Ground Lease-Joint Use Agreement, with the understanding that the architect woul d only be compensated if the project contract were awarded to the. architect. The compensation amount is $3,000. The engineering studies must be completed prior to preparation of design drawings. The work requires consulting engineers and is typically outside the architect's basic services. The agreement provides for this service through the architect to ensure fully compatible site planning. The compensation amount is $9,000. The agreement calls for additional $13,000 is reimbursable expenses. A schedule of performance is attached as Exhibit B of the Agreement. The schedule has been made as tight as possible to expedite the delivery of the center as quickly as possible; processes have been run parallel wherever .possible to save time. Unfortunately, the involvement of the Office of the State Architect adds a substantial amount of processing time to the schedule. The Architect and Agency staff will make a concerted effort to real ize or ,./ improve upon the schedule. October~ is targeted as a construction start date. Barring unforeseen complications, it is intended that the facility will be ready for occupancy by June 1990. compensati on for the above servi ces of $107,000. recolTll1ended for a ten percent contingency An and Other aspects of the project such as interior furnishings, potential lessees, construction inspection services and more precise construction costs are currently being developed. A status report regarding these matters will be forwarded to the Agency as information and recolTll1endations become firm. FISCAL IMPACT: The Youth Center CIP account has a current balance of $1,000,000. Funding for the Architect's contract will require the following expenditures: ( Preliminary Site Study Engineering Studies Base Contract $ 3,000 g,OOO 95,000 $107,000 TOTAL Page 4, Item 5 Meeting Date 9/13/~~ t An additional $13,000 would be needed for contingency ($9,500) and reimbursable expenses ($3.500). Encumbrances of $120,000 for architectural services will leave an unencumbered balance of $880.000 in the CIP account for construction and other services. The Architect. as provided in the Agreement, will prepare an estimate of building construction costs at the end of the schematic design phase (Phase I) of the Agreement. At that time a report and recommendation from staff regarding the complete construction budget will be presented to the Agency for consideration. It is anticipated at this time that building construction with associated site preparation, public improvements, and inspection services may exceed $1,000.000; therefore, additional funding may be necessary. Possible sources of funding at that time would include the remainder of funds from the Homart purchase of the MIN Street site ($248,000) future Community Development Block Grant Funds. or additional Agency funds. WPC 374011 ( RESOLUTION NO. ( RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ENTERING INTO AN AGREEMENT WITH WHEELER-WI MER-BLACKMAN AND ASSOCIATES TO PROVIDE ARCHITECTURAL SERVICES FOR THE CHULA VISTA YOUTH C~4UNITY CENTER WHEREAS. the Redevelopment Agency desires to construct a Youth Community Center for the purpose of providing a recreational/educational facility for area youth; and. WHEREAS. the Sweetwater Unified High School District and the City of Chula Vista will be sharing joint use of said youth community facility, therefore. building construction must comply with the requirements of the Office of the State Architect for School Building Construction; and, WHEREAS. the Redevelopment Agency selected an architectural firm qualified to construct school facilities under the Office of the State Architect's requirements through a Request for Proposal (RFP) process conducted by the Sweetwater Unified School District which is similar to the Agency's standard RFP process; and, WHEREAS. an agreement with the architectural firm of Wheeler-Wimer-Blackman and Associates to provide architectural services for the design and construction of the Chula Vista Youth Community Center has been presented to and considered by the Redevelopment Agency; and, WHEREAS, funds are available in the Chula Vista Youth Community Center Capital Improvements Project account (CIP No. PR 137) to pay for said architectural services. NOI~. THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista hereby enters into an agreement, hereto attached as Exhibit A. with Wheeler-Wimer-Blackman and Associates to provide architectural services for the Chula Vista Youth Community Center. Presented by Approved as to form by '1~ 1. ~ C (~h=r. 7/1;.6 ~s . 1rarron ( 'i Agency Attorney \...J WPC 3748H ( MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Tuesday, September 13, 1988 10:45 p.m. ROLL CALL MEMBERS PRESENT: MEMBERS ABSENT: STAFF .PRESENT: Council Chamber Public Services Building Chairman Cox, Members Nader, Malcolm, Moore and McCandliss None Executive Director Goss, Assistant City Manager Asmus, Deputy City Manager Morris, Assistant City Attorney Rudolf, Executive Secretary Desrochers 1. APPROVAL OF MINUTES IIOTI ON MSC (Cox/McCandliss) to approve the Minutes of the Adjourned Meeting of August 18 and the Adjourned Meeting of August 23, 1988. (Member Malcolm abstained) CONSENT CALENDAR COIISENT CALENDAR OFFERED BY MEMBER MALCOLM, the reading of the texts waived by unanimous consent, passed and approved uinanimously. 2. REPORT 3. RESOLUTION 957 4. REPORT 5. RESOLUTION 958 END OF CONSENT CALENDAR AUTHORIZATION TO ENTER INTO PRELIMINARY DISCUSSIONS WITH SAN DIEGO UNIFIED PORT DISTRICT REGARDING THE SALE OF I~ITIGATION CREDITS APPROVING A RENTAL AGREEMENT WITH JAMES AND MARILYN MASON FOR THE TEMPORARY USE OF AGENCY PROPERTY LOCATED AT 496 THIRD AVENUE (COTIJA TACO SHOP) REQUEST FROM HUGH CHRISTENSEN AND MARGARET SCOTT-BLAIR TO PURCHASE AGENCY PROPERTY AT 287 LANDIS AVENUE ENTERING INTO AN AGREEMENT WITH WHEELER-WIMER-BLACKMAN & ASSOCIATES TO PROVIDE ARCHITECTURAL SERVICES FOR THE CHULA VISTA YOUTH COMMUNITY CENTER HI NUTES - 10 - September 13, 1988 6. ORAL COMMUNICATIONS - None. PULLED ITEMS 7. DIRECTOR'S REPORT , ~ a. Status Report - Chula Vista Shopping Center Executive Director Goss reported that 20 tenant improvement permit applications were received by the Director of Building and Housing. October 27. 1988 is the planned grand opening of the Ceriter. 8. CHAIRMAN'S REPORT - None. 9. MEMBERS COMMENTS MnlBER MOORE: a. Auto Park Proposal main concern at consultant. - Executive Director Goss reported that the this point is soliciting the economist MEMBER MALCOLM: b. Mitigation for the Shopping Center - report was requested on improvements which have not been completed and direction to staff to notify Homart that no other time delays will be given; the City would expect them to satisfy all mitigation requirements prior to opening. Member I~oore' suggested a list be given Council of the mitigation measures. MOTIDII MSUe (Cox/Malcolm) to adjourn in Closed Session, at 10:49 p.m., to discuss the Potential Acquisition of Property located at 327 "H" Street (Michael R. Adkins, owner). At 11 :00 p.m.. The Redevelopment Agency adjourned to the Regul ar Meeting of Tuesday. October 4, 1988, following the City Council Meeting scheduled to begin at 4:00 p.m. ~~""_. 4~n'Fortune. CMC . Deputy City Clerk 1327C '. Attachment "F" COUNCIL AGENDA STATEMENT Item 20 ITEM TITLE: Meeting Date 5/16/89 Pub11c Hearing: Conditional Use Permit PCC-89-29; request to construct a Youth Community Center on the north side of "L" Street, east of Fifth Avenue, on the grounds of Chula Vista High School - Community Development Department Resolution Center SUBMITTED BY: Di rector of Pl anni ng ~: It" REVIEWED BY: City Manager 1b-1~ Approving PCC-89-29 for Youth/Community (4/5ths Vote: Yes_No...!J This application, submitted by the Community Development Department on behalf of the Chul a Vi sta Redevelopment Agency, requests permi ssi on' to construct a 15,000-17,000 sq. ft. Youth Community Center on the north side of "L" Street, 410 ft. east of Fifth Avenue, on the grounds of Chula Vista High School (CVHS). The Environmental Review Coordinator conducted an Initial Study, IS-88-81, of potential environmental impacts associated with the implementation of the project. Based on the attached Initial Study and comments thereon, if any, the Coordinator has concluded that there would be no significant environmental impacts, and recommends adoption of the Negative Declaration issued on IS-88-81. The Conditional Use Permit represents land use authorization only. The design of the center is sUbject to approval of the Design Review Committee 'and ultimately the Redevelopment Agency. The Agency's consideration of final schematic drawings for the Center is also scheduled for the meeting of May 16. RECOMMENDATION: That Council concur with the recommendation of the Planning Commission. BOARDS/COMMISSIONS RECOfotIENDATION: On February 8, 1989, the Planning Commission voted 6-0 with one abstention to recommend that Council approve the proposal in accordance with Resolution PCC-89-29. DISCUSSION: ~acent zoning and land use North South East West R-l R-3-P-14 R-l R-l CVHS Athletic fields Church and Multi~Family CVHS Football/track field CVHS Athletic fields and Single-family - ~"J.~ ,.:.> , . . " ~I. J .,_ . "~~:,~;~;~l,.:~!~'r::{:(f:~itff~~~i{~~j~~;,:~,:'f'~(f,42::~i~<:'~.f:~:'.\:::,. ~." '.... . .' "".T..."""R'~~''*~:';;'':''''~''''i'.<;jI''=''~ V;c. : . ,. 1I\iil ..~. , ,<,.~_.~..,!<T~, ~. . _ ,~~_~,_,:-,.~ .... . '''';....,.. .~.I~- Page 2, Item 20 Meeting Date 5/10/89 Existing site characteristics The site totals 1.24 acres and includes an existing 110-space parking lot, and a 150 ft. x 185 ft. building site which adjoins the easterly portion of the parking lot, just to the west of the CVHS football bleachers, and some 410 ft. east of Fifth Avenue. The project site is presently part of the athletic fields which extend easterly from Fifth Avenue, between "K" and "L" Streets. Proposed use The proposal is to construct a Youth Community Center to be used jointly by the Sweetwater Union High School District (SUHSD) and the City of Chula Vista or a City lessee. The facility would total 15,000-17,000 sq. ft. of floor area, including a 9,000 sq. ft./200-seat gymnasium, two activity/crafts rooms totaling 3,000 sq. ft., and associated offices, utility, and storage rooms. The Center would be served by the existing parking area which is presently striped for 110 cars. Some reduction may occur due to restriping and additional landscaping. Specific activities or programs for the Center have not yet been determined. The Sweetwater Union High School District will have full use of the facility during school hours, limited evening hours, and certain times during the sll1llller. The City and/or a City lessee will use the Center primarily during after-school hours and on weekends. The specific hours reserved for SUHS District use will be determined on an annual basis by mutual agreement between the City and the District. The Center is expected to accommodate the following general types of youth-oriented activities: league basketball, supervised open-recreation activities, arts and crafts classes, dance classes, and youth activity meetings. ANALYSIS: Although the Center is intended to accommodate youth-oriented activities, there is no specific information at this time on how the SUHS District, or the City, or a City lessee, ~ use the facility in terms of programs, users and hours of operation. On the other hand, the Center is proposed as a ..1ti-purpose building, and the use of the facility could change over time regardless of what is initially planned. It is appropriate therefore to look at the Center as one which may accommodate a combination of youth and adult-oriented programs and activities. The two issues pertinent to the conditional use permit are the potential nOise/activity impacts on adjacent residents, and the adequacy of off-street parking. The design and treatment of the structure and site are subject to review and approval of the Design Review Committee, the SUHSD Board, and the Jedevelopment Agency. Attached are two alternative floor plans and elevations . . ~",-- one with enclosed foyer/lobby and one without which are subject to ," . :"'~lIOdification during the design and development stage -- although the basic ...., ~?", space anocations win not change significantlY. " ." '. t:~~:.~.~::t;::~;.';~::~;.~t:ttit~~~,?~.:;r4);;;.~ ',~.;>(;~~'~~ ,.>t:.-:~:,;:::... . . .'. .' . .tt"i.,""-..q:.. "'~." ,.... ;~~."J'J .....$..~. '(~-~"';'f':;~'''''.'''''.;",""~''''''iifr:. '''',*~~__-j,.....~~~,:......._< ~"';"~'.'.' ::- . . .', ~ ".,.,.,' "; iiJ:3,.;.-~':"' ~' ~ ~~~"-~-'t.'...'~,~~.f.'f:",i.' ;. '-. ;-....;...-. . ,". ~ '., ... "-1'". . .' "$'.'~<j1k:~"~"j;.""~~.~' '.'",., '. '>' .. . ." '- ~.. - . ..... .,..::ti-~~.,.>."; 1', ~~i~7<ii~\,~.~ ) ) ) ) , , ., "~;':.' ... . l Page 3, Item 20 Meeting Date ~/lb/89 In terms of noise and activity impacts, the site is generally well-suited for the use. The site is within the CVHS complex, and the athletic fields of which the prope~ is a part are used extensively for daytime outdoor recreational activities during both weekdays and weekends; the adjacent football/tract facility is occasionally used intensively during the evening hours as well. The supervised activities anticipated for the Center are within the normal expectations of school property use. and would be confined to inside the building and thus would be expected to have less of an impact than the existing outdoor activities. A concern of staff is with the potential for unsupervised outside activities associated with youth programs during the evening hours. The extent of scheduled evening youth activities at the Center is unknown, but it does appear that whatever activities do occur in the evening will be under the jurisdiction of the City or a City lessee rather than school officials. We believe that evening youth programs have the potential .to generate a significant amount of unsupervised activity outside the building, and perhaps involving a substantial number of youngsters not associated with the Center. For the benefit of adjoining residents and the youngsters themselves, we have included a recommendation that supervision/security of the grounds be required for all evening youth programs and activities. The Code would normally require 240 parking spaces to serve 12,000 sq. ft. of assembly area (9,000 sq. ft. gymnasium, and 3,000 sq. ft. of general purpose rooms). This is based on a standard of one parking space for every 50 sq. ft. of assembly area (maximum occupancy of assembly areas is established by the Uniform Building Code at one person for every 15 sq. ft. of floor area). As noted above, the proposal is to serve the Center with the existing parking lot which, with the addition of landscaping and restriping to conform with City dimensional standards, would provide approximately 100 parking spaces. There are several factors which ameliorate the apparent parking deficiency in the present instance. First, the parking standard assumes a freestanding use, while in this case the facility is located on school grounds and is expected to a large degree to serve students and youngsters from the surrounding neighborhoods. Secondly, the standard assumes users will come from a normal cross-section of the population, whereas the Center is expected to be youth-oriented. Finally, the standard assumes a fairly high average occupancy with an emphasis on "assembly" such as meetings and dances, rather than on the recreational and crafts activities which are expected to be the focus of this facility. (NOTE: Seating within the gym will be limited to 200 seats.) We believe the parking will be adequate if the primary use of the Center is for youth-oriented recreational activities as presently envisioned. The parking will not be adequate, however, if the facility is used to a significant degree by adults or for larger scale assembly and meeting activities. Consequently, a condition has been recommended which will require the Zoning Administrator to review and approve or conditionally approve the (! regularly scheduled program of activities, as well as any special events which My be scheduled from time to time. It would be the intent of the Zoning --Administrator to'ensure that the normal operations of the Center can be . . ::-'-'-),' accOlllllOdated with the avanable off-street parking.' .' ..-' "..-_:'. '. _.'-:" -"~~~~~ ~'. "- ,'~i'i' ':::~~::f~:;i ":~';~~i1i,~~:c:': :':.;~M-;:;,i:7 ::'{~::.':~: ~.~ot~i ';:, !.7-:;;i.~~: >;:/:~;:r"~i.",/j~.,,,.~f.~ t;f;~' ; ",;t.' . '.-ro...;:' ,.' "~' . ,;:::~*l.,. l....~' t- ": ,~~t,~ "'i-"~'..f?'~" ":"'t:. ."':. ~.,. ~"'i:~Jt<.;~. ...!...~~.'"; '. ;'~ ;#_';;:(-'-'~"""""." !.'\'"'-:""";'~'';'~i~.id-. .". . ,,'.' ... _i>~:;';~' '-....J! p;;:,;........._.:.;;.(.. ..... .....~"'-~_~_. .~.~.,I."'-,,.,,,..._.._..__., .". .., ~. f..JI'W~:~:JI.~...~~~~~~"....~ ~~~_~;;...~;,;.:..~_.~,;:,;..:.;,. Page 4, Item 20 Meeting Date ~/lb/B9 CONDITIONS: The recommended conditions of approval are as follows: 1. The Zoning Administrator and Parks and Recreation Director shall annually review and approve the proposed schedule of programs and activities at the Center, as well as any changes thereto or special events which may occur from time to time. The Zoning Administrator shall ensure that the normal operations of the Center can be accommodated with the available off-street parking. The Zoning Administrator and Parks and Recreation Director's decision may be appealed to the Planning Commission and on to the City Council if necessa~. 2. Provision shall be made for supervision and security of the grounds in and around the building and parking ar~a for any proposed evening youth programs, activities, or special events, subject to the review and approval of the Zoning Administrator and Parks and Recreation Director. FISCAl IMPACT: The cost of the facility could approximate $1,250,000. One Million Two Hundred and Fifty Thousand Dollars was paid to the Agency from the Homart Development Company in compensation for conveyance of the Fifth Avenue property and the I Street youth facility property. One Million Dollars was deposited into a Capital Improvement Program account for the construction of a youth facility. After funding, planning and design studies, a balance of $867,000 remains in the CIP account for construction of the facility. Future appropriation of at least $409,000 will be necessary to fully fund the project (based on the prelimina~ architect's cost estimate). One source for most of the additional funding would be the balance of the Homart contributions (in excess of $350,000 including accrued interest). Block Grant funds could be used for financing the remainder of the project. WPC 6052P -"~-"':.~='''':;~ ....." ':"'-....... .~~ ,'~..........~ '-'''''~'';... '.. :~;.., ::';'~.:. ,~~./.\:'t;', :';>~'~" ;.,~.;;,;5.. i><,-,:~~: <i;~.,..i ';;>:":..;;i:.: ..;...~':.<' . ~;"i.;:~>~~.~. ~. "';',:Ji":' ,,~~ ..",'0' .1'{.)=(........,..".'~.~ J.".,'i' ,.:.r~,~.,:~.~..:.. '>, .,.:. :..~"'-',".. . .........,,;,<.:....~..." . ,....7' ";!;"..~....~,. . :.jii:"'\'Oo<r;;.'"lc..,>"_",,,~~~;;~~~~, ..47'~<"-!J"'", .~~..,.." ,~.. ... . '. >." "~..'" -- '.. '-'.~ .......: t>iF7..i.," ~:"'-''''~..:'' '.". '.' .~~""'"~~: .",."/; , '. '.- ":'. "...~'.,...~ " . .' ~.s._< ., U";f.),....,.... Revised 5/12/89 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONDITIONAL USE PERMIT PCC-89-29 TO CONSTRUCT A YOUTH COMMUNITY CENTER ON THE NORTH SIDE OF "L" STREET, EAST OF FIFTH AVENUE, ON THE GROUNDS OF CHULA VISTA HIGH SCHOOL The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, this application, submitted by the Community Development Department on behalf of the Chula Vista Redevelopment Agency, requests permission to construct a 15,000-17,000 sq. ft. Youth Community Center on the north side of "L" Street, 410 ft. east of Fifth Avenue, on the grounds of Chula Vista High School (CVHS), ,and ' WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-88-8l, of potential environmental impacts associated with the implementation of the project and based on the Initial Study and comments thereon, if any, has concluded that there would be no significant environmental impacts, and recommends adoption of the Negative Declaration issued on IS-88-8l, and WHEREAS, the Conditional Use Permit represents land use authorization only and design of the center is subject to approval of the Design Review Committee and ultimately the Redevelopment Agency, and WHEREAS, on February 8, 1989, the Planning Commission voted 6-0 with one abstention to recommend that Council approve the proposal in accordance with Resolution PCC-89-29. NOW, THEREFORE, BE IT RESOLVED that' the City Council of the City of Chula Vista does hereby approve Conditional Use Permit PCC-89-29 to construct a Youth Community center on the north side of "L" Street, east of Fifth Avenue, on the grounds of Chula Vista High School based on the fOllowing findings: 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The Youth/Community Center is expected to provide a wide range of recreational and educational activities for the benefit of the youth of the community. -1- 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The site is located on the grounds of Chula Vista high School and the Center's activities will be consistent with the normal range of school programs. The specifics of the Center's operation will be subject to review and approval of the Zoning Administrator in order to ensure no adverse impact with regard to on-street parking. Supervision and security shall be provided for evening youth programs. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposal shall be required to comply applicable codes, regulations and conditions development and on an ongoing basis thereafter. with all prior to 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of this permit is consistent with policies of the General Plan as they relate to the provision of pUblic facilities and services for the benefit of Chula Vista residents. BE IT FURTHER RESOLVED that said CUP approval is subject to the following conditions: 1. The Zoning Administrator and Parks and Recreation Director shall annually review and approve the proposed schedule of programs and activities at the Center, as well as any changes thereto or special events which may occur from time to time. The Zoning Administrator shall ensure that the normal operations of the Center can be accommodated with the available off-street parking. The Zoning Administrator and Parks and Recreation Director's decision may be appealed to the Planning Commission and on to the City Council if necessary. 2. Provision shall be made for supervision and security of the grounds in and around the building and parking area for any proposed evening youth programs, activities, or special events, subject to the review and approval of the Zoning Administrator and Parks and Recreation Director. Presented by Approved as to form by George Krempl, Director of Planning 5673a ~ rron, City Attorney -?- . , At 6:00 p.m., City, "Quncil held Closed Session to discuss Clara (C1ei.) and Personnel. MINUTES FOR A REGULAR HEETING OF THE CITY COUNCIL FOR THE CITY OF CHULA VISTA a Spechl ". .'ting to meet in Ray ys. City of Chula Vista Tuesday, Hay 16, 1989 7:00 p.m. ROLL CALL Council Chamber Public Services ~uilding PRESENT: Hayor Cox, Counci1members Nader, Malcolm, McCandliss and Hoore ABSENT: None ALSO PRESENT: City Manager Goss, Assistant City I~anager Asmus, City Attorney Harron PLEOGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES MOTI ON HSUC (Hoore/McCandliss) to approve the IHnutes for the Regular Meeting of May 2 and the Adjourned (Workshop) Meeting of 11ay 2, 1989. 2. SPECIAL ORDERS OF THE DAY - PROCLAMATION a. PROCLAIMING THE WEEK OF MAY 21 THROUGH MAY 24, 1989 AS "NATIO"AL PUBLIC WORKS WEEK" Director of Public Works John Lippitt accepted the Proclamation on behalf of all Public Works Department employees. b. Executive Director Don Read, Chamber of Commerce, reported the Chu1a Vista Fair Day will celebrate "Business Salutes Youth of Today; Business Leaders of Tomorrow" which will be held in Memorial Park along Parkway. Scott 14cMf11fn, Chairman of the Volunteer Committee, stated the excitement of all members in the planning of this event. Pins were distributed to Councilmembers who were officially invited to the event on Saturday, May 20, from 10:00 a.m. through 4:00 p.m. . 'fayor Cox on behal f of the Ci ty Council presented a Proclamation to the Volunteer Committee for the Business Community under the leadership of the Chamber of Commerce declaring May 20, 1989 IS "Business Salutes Fair Oay" in the City of Chula Vista. rUN UTES - 3 - May 16, 1989 3c. CLAIMS AGAINST THE CITY - 1. Peter Doepke, c/o Joseph V. O'Leary, Esq., 535 H Street, 92010 - seek1ng damages for personal injuries and financial losses incurred fn connection with an arrest involving Chula Vista Polfce Officers; 2. Leland Fred Haro, see 1 ng amages or persona nJur es fncurred fn connection with an arrest Pol fce Offfcers. 3. Joe Geor e Gonzalez, Jr.. c/o Jeffre A. Gardner, Esq., 110 West C Street, Su te ,an iego, A eging [;hula V1sta Police Officers and other governmental agencies, fnvaded their privacy and made slanderous comments to them. Council denied the claims. APPROVING THE SUBMITTAL FOR SECOND YEAR FUNDING OF THE CAREER CRIMINAL APPREHENSION GRAlH TO THE OFFICE OF CRIMINAL JUSTICE PLANNING (Director of Public Safety) In July of 1988, the City accepted a grant from the Office of Criminal Justice Planning (OCJP) efor dev~lopment of a Career Criminal Apprehension Program. The !;rant is funded for 3-1/2 years; grant recipients must reapply for the grant each year to ensure they are on track for meeting originally proposed goals and objectives. The grant will provide $132,236 to the City. Council approved the second year submittal of this grant. 4. RESOLUTION 14093 ~ , i 5. RESOLUTION 14094 APPROVING THE 1989-90 COMI1UtHTY DEVELOPMENT BLOCK GRA"T BUDGET, AUTHORIZING TRA"SNITTAL OF COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION AND ASSOCIATED DOCUMENTS AND APPROVING A TRANSFER OF COUNTY CDBG FU"DS TO THE PARK PROJECT AT ORANGE AVENUE AND HERMOSA AVENUE (Acting Director Community Development) Project fundfng applications were solicited from social service agencies, City Departments and Commissions, and the public at large. Submitted proposals have been reviewed by three advi sory bodies and their recommendations along with the public testimony provided at the April 25, 1989 public hearing, have been taken into consideration in compiling the proposed budget. The City' is expected to receive $1,203,000 in COBG funds for 1989-90 to cover recommended costs. II!:W rt.s - 'I - riay 16, 1989 Council approved the budget and authorized transmittal of the CDBG application and associated documents requesting the Board of Supervisors to reallocate S144,180 in County CDBG funding from previously approved Montgomery projects to the Orange and Hermosa park site acquisition project. Councilman Malcolm abstained on the portion of item 5 which refers to the Park Project at Orange Avenue and Hermosa Avenue because of ownership of property one block from the Project. 6. RESOLUTION 14095 AWARDING LANDSCAPE MAINTENANCE CONTRACTS FOR OPEN SPACE DISTRICTS 5 and 7 TO R. C. LANDSCAPE (Director of Parks & Recreation) The landscape maintenance of these Districts has been performed by R.C. Landscape Maintenance on a month-by-month basis; the level of perforJ:1ance by R .C'. Landscape has been sati sfactory and in compliance to the specifications of the contract. 7. RESOLUTION 14096 RENEWAL OF LANDSCAPE MAINTENANCE CONTRACT FOR OPEN SPACE MAINTENANCE DISTRICTS 1, 2, 3, 4, 6, 8, 9 10, 11, 14, UNITS 1 AND 15 (Director of Parks & Recreati~n) On r~ay 6, 1986, Council accepted the Department's report regardi ng rene\~a1 options for Open Space contractors and now exercises its option to rene~1 the landscape maintenance contracts. Total cost for maintaining these districts is borne by the respective hOJ:1eouner in each district. 8. RESOLUTION 14097 ACCEPTING BIDS & AWARDING MAINTHIANCE CONTRACTS FOR DISTRICT 14 UNITS 2 - 6, MAINTENANCE DISTRICT *1 Parks & Recreation) LANDSCAPE OPEN SPACE AND EASHAKE (Director of Bids were received to provide landscape maintenance for Open Space Districts No. 14, Units 2-6 and Eastlake Maintenance District No. 1 for FY 89-90. Counci 1 awarded the contracts to low bi dders, Blue Skies in the amount of Sl03,920.01 and Heffler in the amount of S23,044.50. 9. RESOLUTIOlj APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VERNON G. HAZEtJ, PROJECT MANAGER, AND THE BALDWIN COMPANY FOR PROFESSIOtJAL SERVICES FOR OTAY RANCH AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Planning) Pulled from the Consent Calendar. IIINUTES 10. RESOLUTION 14098 - 5 - r.1ay 16, 1989 ACCEPTING CONTRACT WORK FOR CONSTRUCTION OF STREET IMPROVEMENTS IN WALNUT DRIVE ADJACENT TO LOS NIIIOS PARK IN THE CITY OF CHULA VISTA AND APPROPRIATING FUNDS (Director of Public Works) On tlovember 8, 1988 Council awarded a contract in the amount of $534,650 for the construction of street improver.!ents in Walnut Drive to ABC Construction Company, Inc. The work is now completed and Council approved the contract and directed staff to appropriate $10,000 from the unappropriated fund balance of the Gas Tax Fund. 11. RESOLUTION 140~9 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA CENTER FOR USE OF MAll AREA FOR CHULA VISTA TROLLEY DEDICATION (Director of Public Works) The Transit Coordinator and Public Information Coordinator have scheduled a dedication of the Chula Vista Trolley vehicles on Friday, May 19, at the Chula Vista Center parking lot area. Council approved the agreement subject to certain conditions. 12. RESOLUTION 14100 APPROVING FIRST AMENDMENT TO THE AGREEMENT BETWEEN CITY OF CHULA VISTA AND ENGINEERING-SCIENCE, INC. FOR CONSULTI~G ENGINEERING SERVICES FOR A PUBLIC WORKS FACILITY PLAN - PHASE II, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT Otl BEHALF OF THE CITY OF CHULA VISTA (Director of Public Works) On tJovember 12, 1986, Council awarded a contract to the firm Engineering-Science, Inc. for the preparation of Phase I of the Public Works Facilities Plan. The General Plan is now in the public review phase which requires that pUblic meetings and hearings be held which requires the Consultant's attendance at the public meetings and compensation therefore. The estimated cost is $2,000. 13. RESOLUTION DECLARING THAT A CERTAIN VACANT PARCEL OF CITY-OWNED LAND, CONSISTING OF APPROXIr1ATEl Y 3 ACRES,. LOCATED IMMEDIATELY WEST OF THE EXISTING GOLF COURSE/RESTAURANT PARKING LOT Otl BOIIITA ROAD HAS tlO PRESENT OR FUTURE USE FOR PUBLIC PURPOSES (Assistant City Manager) tlOTION ,1SUC (tlalcolm/McCandliss) to continue this iter.! to the Regular Meeting of May 23, 1989. HINUTES '. ........ .....~"..'I;... '," . .,*.~..".6.:."89 ,. ~ t~l~';~'~~~-~- " .~,... . " . TRANSFERR I NG OWNERSH IP OF 'SURPlUSi;VEH I CtE FROM THE CITY OF CHULA VISTA T~ THE R. J. OONOVAN CORRECTIOljAL FACILITY ..tAssts,Unt City Manager) .f;,~~.J,..~;f-" .... ';. t The City entered into an agreement with the R. J. '.Donovan Correctional Faci 1 ity whereby inmates from the facil ity .will be performing work for the City on various projects over the. next two years. The first of these projects is the clean-up 'of Gunpowder Point, which is scheduled to begin in mid-May and. as P.~t'~f the agreement. the City will transfer title of a 1977 pick-up truck to the Donovan Correctional Facility for use by the fn.ates. i'..., ..,' . ." .... EUCALYPTUS PARK CONCEPT PLANS '{Director of Parks & Recreation) .~\o.~~t,l,c - ,. ~: ".. ,.. f . ", . ,:" . .~ ~'t.'~ ,i I' '.~ . . " ..... 't.. "'.,. ~,t..~ . . . -1'" . - RELATED TO WITH .COX. :(ABlE -' 6 - 14. RESOLUTION 141~1 15. REPORT Pulled from the Consent Calendar. 16. REPORT REGARDING ISSUES "RENEGOTIATION INTERVAL" (Director of Finance) Pulled from the Consent Agenda. '7. REPORT SPEED L H1IT O'j STOP AT ITHACA Works) RUTGERS AVENUE AND ALL-WAY STREET (Director .ol.i~.ublf.c . If .:-f .:......;~.. .... '. ':." . .' ~tt:..,I.....".' .' ..::.'. .. MOTION "SUC (Cox!'jader) '.y 23, 1989. lB. REPORT . '. to continue the item to the Reguhr'.leeting of APPROPRIATE TECH'IOLDGIES (Dfrector'.. '~f Pub 1 i c Sa f e ty ) Pulled from the Consent Agenda. END OF CONSENT CALENDAR : .. ' . '. . . .t... .., i-'" ? .'. . ,J ~ ....,. Councilman Malcolm requested consider item 3a at this time. and Councf1members '~:-or: l. ~'."-:: ~ ~ . " ',. ~,- " . conc,uri'ed )-to : .,' 3a. REQUEST TO IMPLEMENT SCHEDULED PAY IIICREASES Olj THE -f,:JRSTtlAY OF THE MONTH IN JULY 1989 AND JANUARY 1990 - Represen'tathes of CVEA, POA, UCE, IAFF, City Employees .. Deputy City Manager Thomson reported a modification to. the '-s.taff recommendation and that he was advised by the Ern~loyee Assoc~ation Representative she does not consider this request ..I..gr.....nce item. Assistant City "anager Asmus reported his conver$.tfon with the representative of the Pol1ce Officers Association who ':$tated he fully understands the wording in the I~OU. City M.n.gerGoss . .' , ':. ,;: , . ~ ". 'f'~,... . . :; .'J..,,' ,.<:. . -..j~ ... ~ r ......., ~ . I.!HJUTES - 7 - 'lay 16, 1989 clarified that, if the issue is a misunderstanding of the language of the "OU, this request would be handled through a grievance procedure which would end in arbitration; or if it is a request that something more be added, it should be referred to the meet and confer process. It is staff's recommendation to either deny the request or to refer to staff for meet and confer. Sue Brown, 842 Grissom Street, 92154, President of the Chula Vista Employees Associ Uion (CVEA), reported the issue concerns the multi-year contract of the CVEA which stipulates pay raises every six months. When negotiating the contract, the negotiating team, as amateurs, hiled to specify the specific language relative to implementation of the pay increase. This was brought to her attention by lIIany employees who are angry at the delay in which they receive their increase. The contract states the "First pay period in July 1989", "First pay period in January 1990" and, previously, "First pay period in January 1989" which total a loss of almost six weeks of increased pay caused by this delay in implementation. Petitions have been signed by almost 500 employees which have been received since Friday, May 12, and it is obvious employees in all departments are interested. Council is respectfully requested to grant the request as stated as Council did ten years ago when the POA approached them with the saJ:le request. Councilrnembers questioned t1rs. 8rown to confirm CVA is not asking that pay raises be retroactive, nor is the CVEA asking for money over and above that promi sed in the "lemorandum of Understanding O~OU) but rather that the pay increases be "timely.". The Associations real he there is a cost effect to this request but consider it a small price to pay for the number of employees ~Iho 4'eel this action is not just. Counci lmeC1bers concurred that it sounded 1 He an di fference of opinion on the interpretation of the wording. Mrs. Brown disagreed with this conclusion stating the Associations do not want to file for a grievance nor do they want to go back to arbitration; this particular instance is unique because of the late dates into which the "first pay periods" fall and clarf fyied the pay increase to cornmence~ June 13 would not ~e in the paycheck until two weeks later. If it was 5 or 6 days, she added, no one would complain but two weeks three times in one year seems so grossly unique and unusual and that perhaps it should looked at in a different \1ay. Don Schofield, 11502 Calle Simpson, El Cajon, 92019, representing Local 2180 International Association of Fire Fighters (IAFF), stated agreement with most of what ~1rs. Brown stated; there is nothing to arbitrate. He said that, basically, they are asking Council to bend the rules. Hr. Schofield further related, on behalf of the IAFF, a fe~'rules were broken when the Fire Fighters did a considerable amount of work at Fire Station 2 and he does not now think it is unreasonable to ask Council to "bend the rules slightly" in this issue. !Ii .H': T::: S - B - Hay 16, 1989 Charles Pugsley. Chu1a Vista POlice Department. repreSenting the Pol ice Officers Association (POA) stated support of the CVEA in this proceeding. The Council could make the employees very happy by paying them on the first of the month rather than ~Iaiting almost two weeks into the contract; Council should be fair and see the other side of this issue which also affects the POA contract. MOTI ON r4S (Nader/Moore) that the matter be referred to the City Manager for the Meet and Confer process. Councilman 14a1coll:l stated he would vote against the motion and stated his reason since he is the Councilmember who fights for the ernployees and for City promotions from liithin departments but. there exists a written agreement that is signed by the City and by the employees and he does not feel thi s is the proper way to change an agreement. He does, however, want the employees to know they can count on where he stands. 141'. Schofield agreed with Councilman Malcolm that to meet and confer would only postpone with no answer; Mr. Puglsey agreed the wording in the I~OU is perfectly clear. City "anager Goss offered the choices seern obvious to go to meet and confer. In the arbitration process, someone would be able to look at both sides of the issue to give a recom~endation. SUBSTITUTE MOTIO~ MSUC (Cox/McCandliss) to not consider this as an item for the meet and confer process but to refer to staff as a grievance procedure. I~ayor Cox assured all the representatives, speaking for Council that, irrespective of the outcome of this issue, Chul'a Vista has the best employees of any City in the State. . PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES ******JOINT COUNCIL/REDEVELOPMENT***** At 7:59 p.m. Council recessed to reconvene as a Joint City Council/Redevelopment Agency Meeting. 19. REPORT FINAL SCHEMATIC DRAWINGS FOR THE CHULA VISTA YOUTH COMI.IUNITY CEtlTER (Acting Community Development Director) Senior Community Development Specialist Buchan reported on January 19, 1989 the Redevelopment Agency reviewed a concept floor plan for the proposed Chula Vista Youth Community Center. The Agency'S COr.1ments and concerns were di scussed with the project architect and incorporated into the plan. Final schematic drawings including floor phn and elevations were completed and forwarded to the Design Review Committee for evaluation. The Redevelopment Agency is now presented with the schernatic drll.lfngs inclusive of the enclosed foyer and corridors in accordance with the Design Review Co~nittee recor.1mendations. fHHUTES - ~ - Nay 16, 1989 Richard Blackman, Principal with the firm of Wheeler Wimer Blackman and Associates, formerly Wheeler Wimer Architects who did the Chula Vista Public library, discussed the style and type of architecture which will again be presented again to the City of Chula Vista. Mr. Blackman presented slides of the site plan, the floor plans and the elevations. Specialist Buchan clarified the designs presented for approval are schematic and approval is requested to do detailed designs, the Parks and Recreation Commission was interested in the functional aspect of the building, the Design Review Commission reviewed the original. designs. The schematic drawings are presented in response to the comments made by the Design Review commission. Kevin O'Neill, Design Review Commissioner, reported the concerns of the Commission was with the enclosed entry way and the ComJ:\ittee would like to take another look at this. He stated the drawings are "in the direction" that the Commission would be happy with. MOTION HS (Cox/Malcolm) to approve the basic floor plan and to refer the actual exterior design element back to the Design Review Committee. CouncilwoJ:\an IIcCand1iss requested staff give attention to the fact that the exterior should not entice graffiti. ADDITIO" TO THE MOTIO~ (Cox/Malcolm) to include that it be a enclosed foyer scheme. VOTE ON THE MOTION AND ADDITION Passed unanimously. At 8:15 p.m. the City Council/Redevelopment Agency r1eeting adjourned to reconvene as the City Council. ******COUNCIL RECONVENES****** , . 20. PUBLIC HEARING PCC-B9-29: REQUEST TO CONSTRUCT A YOUTH/COI.II1UNITY CENTER 011 THE NORTH SIDE OF L STREET, EAST OF FIFTH AVENUE, ON THE G~OU~DS OF CHULA VISTA HIGH SCHOOL (Acting Director of Community Development) APPROVING CONOITIO~AL USE PERMIT PCC-89-29 TO CONSTRUCT A YOUTH COr1MUNITY CENTER ON THE NORTH SIDE OF "L" STREET, EAST OF FIFTH AVENUE, ON THE GROUNDS OF CHUlA VISTA HIGH SCHOOL This being the time and place as advertised the public hearing was declared open. RESOLUTION 14102 m..:UHS - 10 - I.' ay 1 6, 1 989 Director of Planning Krempl reported the Conditional Use Permit allows construction of a 15,000 to 17,000 sq. ft. Youth Community Center on the north side of "l" Street, 410 ft. east of Fifth Avenue, on the grounds of Chu1a Vista High School (CVHSj. The cost of the faci 1 ity coul d approximate $1,250,000. Two land use impacts have been identified, noise and the adequacy of parking. Relative to noise, the site is well suited within the Chula Vista High School complex but outside unsupervised youth activities necessitated the placement of conditions. Because there is no specific parking ratio in the Code for this type of use, the parking issue was reviewed with the nature and placement of the facility in relation to the surroundings. The Planning Commission has recommended approval. There being no one to speak either for or against this item, the public hearing was closed. COUNCllWOtlAN l~cCANDLISS OFFERED THE RESOlUTIO'l which was read by title, the reading of the text waived by unanimous consent and approved unanimously. 21. PUBLIC HEARHJG RESOLUTION 14103 ZAV-89-31: REQUEST TO AllOW A 6-FOOT HIGH WAll TO BE lOCATED IN FRONT SETBACK AREA AT 9 l STREET.., IL H. BARTON (Director of Planning) DENYItJG ZAV-89-31 TO AllOIJ A 6-FOOT HIGH WAll TO BE lOCATED IN THE FRONT SETBACK AREA AT 9 l STREET - IJ. H. BARTON APPROVING ZAV-89-31 TO AllOW FOR A 6-FOOT HIGH WAll TO BE lOCATED IN THE FRONT SETBACK AREA AT 9 l STREET - W. H. BARTON RESOLUTION This being the time and place as advertised, the public hearing was declared open. Di rector of Planning Krempl reported the request for variance permits construction of a 6-foot high wall in the applicant's front yard setback as a noise barrier to the thoroughfare traffic on L Street. He stated the staff recommendation was to deny on the basis the variance would constitute a special privilege not enjoyed by adjoining neighbors, and would limit the open feeling of the neighborhood. Alternatively, findings for approval were presented and the Planning Commission recommended approval with the condition that the wall should be decorative and 6' in height, a landscaping and irrigation plan approved by the City Architect, and there be a maintenance agreement filed with the City and recorded with the County. W. H. Barton, g "l" Street, 92011, addressed Council and pointed out several differences he had with s"taff's study of the proposed wall relating to noise decibels and advisory factors used. I~r. Barton objected to the condition of the maintenance agreement. ;.u oW iE S - 12 - !1ay 16, 1989 . single famfly homes and, in staff's opinion, that is fairly restrictive; this actually transfers the FAR to another location. Staff recommends approval. Charles Gill, Attorney, 600 HB" Street, Suite 1100, San Diego, representing The Fieldstone, waived his time in favor of Fieldstone representative John Barone, 5465 Morehouse Drive who confirmed the request has been reduced to seven lots and that the 19 single family homes are not subject to discussion and no modifications are requested. The two family homes have greater setbacks and offers a variety in the subdivision and flexibility in the lIarketing program. Councilman Malcolm reported the reasons for variations occur, there needs to be a trade the parks and open space fund, as was developments. policy and that if off to pay funds into required on previous nOTI 011 MSUC ntalcolm/Nader) to amend the resolution to request a fee of $1500 per home to be included upon pulling the permits. MAYOR COX OFFERED THE AMENOED RESOLUTION which was read by title, the reading of the text waived by unaryimous consent and approved unanimously. 23. ORAL CO~MUNICATIONS _ a. Merl in D. Ely, 323 Via Salaria, Chula Vista, 92010, reported a problem with a company (Lunn and Finn, 370 Truesdale Drive, Chula Vista) which burns toxic insulation causing residents of the mobil ehome park in which he 1 ives to close all doors and windows to keep from choking. He has reported this to the San Diego Air Pollution Agency but has seen no results. Mr. Ely requested Council's help to control this pollution. MOTION MSC (Cox/Nader) to refer this item to staff to report back to Council. (Councilman Malcolm out.) Mayor Cox confirmed it was implicit in the motion to consult with the Environmental Consultant and to take appropriate action if a violation is evident. MOTI ON HSC (llader/Cox) to direct staff to ascertain from ACPD what hours their, employees monitor complaints. b. James Lovett, 100 Woodla~/n, (175), Bayscene 110bflehome Park, reported the events which followed a purchase of a mobilehome by one of the resi~en.ts, the petition which was filed, and the lack of action taken' by the park 'owner. City Attorney Harron confirmed that the Housing Coordinator is communicating with the park owner in hopes to get voluntary compl fance; if not successful, the ordinance will be enforced. i:l :;U I is - I j - 11 ay 1 6, 1 98!) c. Walter Scott, representing SDG&E, presented Council with notices of a Workshop on Thursday, May 25 at 10 am at the California Energy Commission in Sacramento, the Subject of which is "Prefil ing Workshop for an Appl ication for Certification of San Diego Gas & Electric's South Bay Augmentation Project. An additional paper outlined the Project, why and how it will work and whether the merger with SCE will affect this project. Mr. Scott confirmed that augmentation is proposed for Unit .3 to burn natural gas although it is his belief some requirement in licensing that every plant must have an alternate fuel. Councilman Malcolm reminded Mr. Scott of the requi rement that fossil fuel Scan al so be burned if necessary and that he does not Support the Project. Councilman Nader questioned the time frame in which to expect the Environmental Impact Report (EIR). I.1r. Scott repl ied it would be 1990, he believed the PUC \lill be the lead agency and that he woul d bring back that information to Council. Councilman Nader stated his intent to assure that the City of Chula Vista be included in the Environmental Review Process. MOTION I1SC Otader/Malcolm) to direct staff to place this item on the Council Agenda for next week. (Mayor Cox out) d. Victor A. II0Jan, 12 Via Barberini, representing the Mobilehone Issues COl:1mittee, requested that copies of any correspondence and decisions regarding the Bay.scene 110bilehome Park dispute be sent to the Committee. e. Bill Ayers, 44 East Mankato, Chula Vista, "ember of the Advisory Council to the Board of Supervisors, alerted Council to AB 200, regarding the American Legion's consideration of a new home for Veterans. Hr. Ayers requested Council to tak,e the lead effort as the second largest City in San Diego County to find a home in this City. MDT I O:~ I1SUC (flcCandlfss/Cox) to refer the item to staff and, if necessary to the legislative Committee if there is a need for support of the action. PUllED ITEMS 9. RESOLUTION 14106 APPROVING AGREHIENT BETWEEN THE CITY OF CHULA VISTA AND VERNON G. HAZnl, PROJECT MANAGER, AND THE BALDWIN COMPANY. FOR PROFESSIONAL SERVICES FOR OTAY RANCH AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Planning) :11 :WTiS - 14 - .'. ~'f.,.~,,:,,~, I~;'~'~-., .,~ '. ,. . :1ay J6 i :"~'989 "',.: The agreement for tempor,ary professional project .anagement services with 14r. Hazen and the Baldwin Company will allow the City to process, in a timely fashion, a general development phn and related documents for the 22,500 acre Otay Ranch Project. 'All costs will be paid to the City by the applicant. " : .', Councilman Nader requested staff to address the appropriate .ction " to be taken since the Baldwin Company, apparently, now fntends to" process with San Diego County. Cfty Manager Goss stUed his recommendation that the City of Chula Vista 5 houl d proceed ; there are some advantages, this City coul d out-process the County and they lIay be some joint processing. In any case, this City needs a project team leader to protect its interests. .' Councilman Malcolm stressed the need to get the County out 'of ,this situation and to coerce Supervisor Bilbray to do what is in the best interests of the citizens of Chula Vi sta since he 'controls the decision as Chairman of LAFCO and this is his District. He added San Diego County must allow this City to take control and to work it out in the next thirty days how the City will proceed with the County. Councilwoman McCand1iss, for the record, reported that she had asked this item be pulled last week because of the .pro development" stance of Vernon Hazen. Since that time, she has spoken to many other City' Council s and Management who are faRtH far with Hr. Hazen and his capabilities to work in a competent and t professional manner. All Councilmembers concurred in thtse statements. COUNCILMAN NADER OFFERED THE RESOLUTIOII which was read by title, the reading of the text waived by unanimous consent and approved unanimously. . . Councilman Nader suggested staff consider an alternative to t~ing to Council a scenario for a green bel t around the' periphery 'Of .the border of the Baldwin property which would demand processin9 ;_lth this City for access to City streets. ' . :.'. ~' . At 10:24 p.m., Councilman Malcolm left the 14eeting and Mayor"Cox left the da is. 15. REPORT EUCALYPTUS PARK CONCEPT PLANS 'Director of Parks & Recreation) On September 27, 1988 Council approved an agreement ~hh'. ,BSI . " Consultants, Inc. to prepare a lIaster phn for Eucalyptus ,,"ark .:. which commitment to implement one of the concept pljns~:~i1l require significant expenditures of funds over several years. '. The costs could be funded from a variety of sources~ fncludi,ng Redevelopment funds, Residential Construction Tax, PAD fees and Sta te Bond Ac t fun ds. Co unc il a pp roved the recommenda ti ons. of Parks & Recreation Commission and Town Centre Project ,Area Committee for Concept .C" Plan with the tennis court/blSl(etball .'. court layout requested by the Project Area Committee. ., ' " ':. ~",,' :;~~{1'.~;;k"";;;:", " ~'- .-.. m;wTt:S - I ~ - 11 ay 1 6, 1 989 Robert P. Jennings. 47 Fifth Avenue, Building Chairman of the American Legion. reported the previous Sub-Committee Meetings attended by hi. and the large amounts of money spent by the Legion on prints and plans presented. Now it is evident the America Legion is excluded from this proposed Plan. . ; , Mayor Cox responded by stating this Pl an does not precl ude any space for the American Legion; there is need for submission of a Final Plan ff $0 directed by Council. Councilman Moore reported the stumbling block in the discussions with the American Legion was the serving of alcohol on public property, a subject that was addressed by adoption of a recent Resolution. Director of Parks and Recreation Moll inedo confirmed that any pol icy currently in force would be carried over to the new building. r~r. Jennings stated the Legion would do their best to conform with any contract submitted as they have with the original contract dated 11/17/86. Kenneth Lambert. 1480 P"elrose Avenue. 92011. spoke for Southern Border Archery and urged Council to reconsider the Archery Range at Eucalyptus Park which is one of only two in San Diego County. It has been in existence since 1954. is accessible for the South Bay and woul d be more cost-effective to revamp than to move to another area. Councilman Malcolm reported his opposition to the ~aster Plan based on the large amount of money proposed ($8,000.000) to rebuild a park that is functional even though it would take five years to implement and include the drainage channel and the community center. He said that, realistically. the Council has had to deal with more serious problems with less money. Council discussed the contract confirming the cost for the Naster Plan is included in the contract. MOTION MSC H1cCandlfss/Moore) to accept the staff recommendation. (Councilman Malcolm voted no) 16. REPORT REGARDING ISSUES RELATED TO "RENEGOTIATION INTERVAL" WITH COX CABLE , (Director of Finance) In December of 1984. Chuh Vista and Cox Cable entered into a twenty-five year Franchise Agreement that included a prQvision the Agreement woul d be subject to a "renegotiation interval" every five years. In December 1988, the City and Cox Cable each provided one year notice of a "renegotiation interval" pursuant to Section 3 (B)(l) of the Franchise Agreement. $15.000 is appropriated in the current budget for the purpose of hiring a telecommunications consultant. . Councilwoman McCandl iss . referred to a previous discussion of a two-tiered rate structure and the decision by the City Attorney that Council state a standard so the rates woul d be uniform. She added this should not be incorporated in this renegotiation interval. ~ .--' REDEVELOPMENT AGENCY AGENDA STATEMENT Item 19 (Council agenda) Meeting Date 5/16/89 REPORT: Final Schematic Drawings for the Chula Vista Youth Community Center n~ Acting Community Development Director ~ Executive DirectorO~ f4/5ths Vote: YES NO ). Agency Referral No. 1369 On January 19, 1989 the Redevelopment Agency reviewed a concept floor plan for the proposed Chula Vista Youth Community Center. The Agency's comments and concerns were discussed with the project architect and incorporated into the plan. Final schematic drawings including floor plan and elevations were completed (attached as Exhibit B) and forwarded to the Design Review Committee for evaluation. The final schematic drawings and the Design Review Committee recommendations are now being presented to Agency members for approval. ITEM TITLE: SUBMITTED BY: REVIEWED BY: Immediately after the review of the drawings, a pUblic hearing before the City Council for consideration of a Conditional Use Permit (CUP) will be conducted. Design development will begin following CUP approval. The project architect will provide the Agency with a formal presentation and will be available to answer questions. RECOMMENDATION: Approve schematic drawings inclusive of the enclosed foyer and corridors in accordance with the Design Review Committee recommendations, and direct staff to proceed with the Design Development Phase of the project. BOARDS/COMMISSIONS RECOMMENDATION: The schematic. drawings were reviewed by a Design Review Committee Subcommittee. It was suggested by the Subcommittee that an enclosed foyer/lobby be incorporated into the design. Members felt that the enclosure would provide covered entries to the activity rooms and could be functional space. It also would provide a cohesive design element for the front building elevation and would secure the building entryways. Subsequently, on April 6, 1989, the full Committee reviewed both the entry plaza and enclosed foyer/lobby plans and voted to recommend the foyer/lobby design. The foyer plan submitted by the architect was found to be more extensive than the Committee envisioned. A storefront style foyer, in the opinion of the Committee, would be more .. '.: ,~;.-.... ~ .; -<!" . . . "':..w,~'~ ,. . -.,., .,. "e:--:. ',: .;"., l':~.:"~\:' ". 'Page 2. I tern Meeting Date 5/16/89 appropriate from a design standpoint and would function better from a security standpoint. A letter of recommendation from the Design Review Committee members is attached as Exhibit A and the Chairman will be available at the Agency meeting to address concerns regarding the recommendation. The plans were forwarded to the District Board for review on formally approved the schematic Sweetwater union May 11, 1989. drawings. High School The Board The city's Parks and Recreation Department staff and Commission reviewed the original floor plan for the center. Their suggestions were incorporated into the project. A copy of the final schematic drawings were sent to the City's Parks and Recreation Commissioners with a letter notifying them of staff's recommendation to the Agency. A copy of this staff report also was forwarded to all attendees of the community meeting that was held on November 22, 1988 to gain pUblic and local youth organization comments and recommendations. A copy of the January 18, 1989 Agency staff report containing original recommendations, suggestions and comments from the public community meeting, Parks and Recreation Commission, and Design Review Committee is attached as Exhibit C for your information. DISCUSSION: At the January Agency meeting, Agency members requested that staff consider the following revisions to the Youth Community Center plan: 1. That direct access to the gym not encourage the use of street shoes on the gym floor. 2. That staff plan for (stub-out) the necessary electrical and plumbing fixtures to allow for '. '-- sho /hobby type activities. _ .............~.f"...~r.d..""_.,_.?+_".~'. .'~ '" . . 3. That the proposed design of the office and meeting room facilities include maximum flexibility to allow for future office/meeting room space. If necessary, sacrifice the rotunda for more play area and provide a more functional floor area away from the meeting/office areas. These items were discussed with the project architect and the following actions were taken: 1. The architect was directed to add an exterior walkway to direct pedestrian traffic from the rear of '. Page 3, Item Meeting Date 5/16/89 the building (from the gymnasium area) to the front entry for access to the facilities. 2. To provide stub-outs for a future workshop conversion such as a woodshop, the architect estimates that general construction costs for the shop space would be about $15 per square foot above the basic building construction cost of about $75 per square foot. Depending on the type of workshop desired, special equipment may need to be installed also. For instance, a full-scale woodworking shop would need a special ventilation system and accoustical construction. The estimated cost for equipping a 1,000 square-foot multi-purpose room with utilities for minor workshop use, without special equipment, would be an addi tional $15,000. The cost of special ventilation and accoustical treatment is not yet known. 3. Office space for the Center has been increased from 100 square feet to 500 square feet and the storage areas located on the west of the office have been designed for future expansion of uses. In addition, wet bars will be built into the mUlti-purpose room for arts and crafts activities. The main inner courtyard/rotunda area was deleted from the original floor plan and an exterior plaza entry was developed to reduce the amount of limited use area and building cost. This resulted in open unprotected entry points to individual activity areas however, which became a security concern. As an alternative to the plaza, a limited foyer/lobby area with interior corridor access to activity rooms was prepared for Agency consideration. This lobby can be utilized for general play activities such as billiards or ping pong and it will provide protection to users during inclement weather. The enclosure also will provide security to the building. ~1W:W~;' _.~A.,..revise?- _.design of ,the foyer/lobb~ enclosure. which , i -~" responds.---to the Design RevJ.ew CommJ.ttee's recommendation of April 6 has been prepared (Exhibit B- 7) and will be presented to the Agency. Design Review Committee members have not evaluated the new elevation. However, if the Agency accepts staff's recommendation to add the enclosed foyer, the revised exterior elevation will be forwarded to.the Committee during the design development project phase. Comparison with Former Bov's Club In addition to the functional building design issues, Agency members requested information regarding the facilities and functions provided at the old Boy's Club compared to those Page 4, Item Meeting Date 5/16/89 proposed for the new Youth community Center and the extent of the School District's future use of the facility. The Boy's Club formerly operated on "I" Street was approximately 14,500 square feet compared to the new Center which will be 15,500 square feet (17,000 square feet with enclosed foyer/lobby). The former Boy's Club had a gymnasium and three mUlti-purpose rooms. The new Center will have a gymnasium, a dance studio, and one large multi- purpose room which can be partitioned into two rooms. A representative of the Boy's/Girl's Club Association indicated that the Boy's Club provided arts and crafts and ceramic classes and limited woodworking instruction. The gymnasium was used primarily for sports league basketball and indoor soccer. Billiard and ping pong tables also were available. Specific activities or programs for the new Youth Community Center have not been decided to date. City staff is currently developing a plan to determine a user based on joint use with the School District. There are several options available which are being reviewed: (1) the City could be the major user and administer recreational/quasi-educational programs: (2) the City could contract with one or more local youth organi~tions to provide programs: or (3) a combination of City and local youth organizations could cooperatively provide programs. In accordance with the approved Ground Lease/Joint Use Agreement between the Agency and the School District, the School District will have full use of the facility during school hours: that is 7:30 a.m. to 2:25 p.m., Monday through Friday, from September 12 to June 22. Also, the District may use the facility during certain after-school hours and certain hours of the day during summer vacation as mutually agreed upon by the City and the District. Although School District use is suh'ject to Agency approval and a formal dialogue has not yet been undertaken, District staff have indicated that the main uses contemplated at this time would be dance classes and Junior Varsity basketball and wrestling ~""""iIi.ii' ,.,..practic. es. . . ___... .. r .1"TIlJIi(!fIi ~~'-~.~':=-...~. Buildinq Cost Estimate The project architect has prepared a preliminary estimate for building construction costs. It is based on a square footage cost at this early date. More accurate figures will become available following the Design Development Phase of the project when more detail design and materials have been determined. The base building of approximately 15,500 square feet of floor area with landscaping and pavement will cost approximately $1,171,000. This figure also includes one set of bleachers to seat 200 people and two sets of bleachers to '. Page 5. Item Meeting Date 5/16/89 seat 50 people each and a fire sprinkler system. If outfitting for a workshop is desired for one-half multi-purpose room, approximately 1,000 square feet, cost about an additional $15,000. utility of the it will The enclosed foyer/lobby design shown on Exhibit B-6 (additional 1,500 square feet of space) was estimated at $90,000. The architect has prepared a revised foyer/lobby design, Exhibit B-7, in response to the Design Review Committee's concerns. A cost estimate is not available at this time for the revised version of the enclosure due to its recent preparation and very conceptional nature, but it will likely be less expensive to construct than the original enclosure design. FISCAL IMPACT: Staff I s recommendation to construct the 17,000 square foot building with enclosed foyer/lobby and workshop utility outfitting will require approximately $1,276,000. This figure would be reduced somewhat if the Agency accepts the enclosed foyer alternative (Exhibit B-7) which is consistent with the Design Review Committee's recommendation for more of a "store front" treatment. As indicated above, a cost estimate for the revised foyer plan has not yet been developed. Additional cost wil~ be added for ventilation and accoustical treatment of the multi- purpose room if the Agency proceeds with the outfitting for workshop use. One Million Two Hundred and Fifty Thousand Dollars was pa~d to the Agency from the Homart Development Company ~n compensation for conveyance of the Fifth Avenue property and the I Street youth facility property. One Million Dollars was deposited into a Capital Improvement Program account for the construction of a youth facility. After funding planning and design studies, a balance of $867,000 remains in the CIP account for construction of the facility. Future appropriation of at least $409,000 will be necessary to fully fund the project (based on the preliminary architect's cost estimate). One source for most of the additional ... -'"J-" "" "funding would be the balance of the Homart contributions (in ~f- ~rl~'~""~xcess'-of.i:'$350,000 including accrued interest). Community Development Block Grant funds could be used for funding the remainder of the project~ (CVYCC) AGENCY ACTION: Report Iccepted. . ~Mft.. -~- - ~~~~ ~~ ~- 01Y OF CHUIA VISTA PARKS AND RECREATION DEPARTMENT ATTACHMENT "G" Kay 6, 1"1 Dear Wautb S.rvice Provider: ~. City o~ Chula Vi.t. i. in the proc... of d.termining pot.nti.l a..r. ~or t.he Chul. Vi.t. Youth Cent.r loc.t.d on "L" Str.et betwe.n Fourth and Fifth Avenue. on the c.mpu. of Chula Vista Hiqh School. Con.truction of the ~.cility will conclude .round S.pt.mber .nd ~..tur. a 9YJ11ft..ium, .ulti-purpo.e room, d.nce room .nd .torage .r.... The City of Chul. Vista and the Sweetwater Union School Di.trict h.ve .nter.d into a joint u.e agreement for t.he oper.tion of this f.cility. The School Di.trict will u.e the building ~rolll 7:00 .... to 2:30 p... on all .chool d.y. and other pr.-n.gotiat.d time. and d.t.s. The City anticip.te. providinq ....on.l .port. le.que. ~or junior hiqh and .l.ment.ry age youth. ~er. ..y .1.0 be opportuniti.. or other org.niz.tion. to utilize t.h. center. %~ your org.niz.tion i. inter..ted in utilizing ~i. f.cility on . periodic b.. i., pl.... complete the attached que.tionn.ire .nd r.turn it to the Chul. Vista P.rk. .nd Recreation'Dep.rtment in the .nvelope provided by Friday, June 7th. All d.t. will be reviewed and ag.nci.. contacted for po.sible .chedulinq in the Youth Center ba.ed on .p.ce aV.ilability. %t i. t.he int.r.st of the City of Chul. Vi.t. to h.ve the Youth center offer a multitude of .ervices. Wa appr.ciate your con.ider.tion of thi. opportunity. ,Sincar.ly, ~~~~ "e.. vai~~~~~ Dir.ctor o~ Parks and R.cr.ation Attachm.nt. N,aonIIp "I FOURTH AVENUE/CHULA VISTA. CALIFORNIA 12010/(611) 181-5071 . . . YOUTH SERVING AGENCIES IIMC 140 West 16th Street Ilattona1 CtV. CA 91950 Boy Scouts of America 1207 Opas Street San Diego. CA 92103 61r1 Scouts of America 1231 Upas Street San Diego. CA 92103 61r1s C1ub and Boys Club of Chula Vista 1301 Oleander Avenue Chu1a Vista. CA 91911 South Bay YMCA 50 Fourth Avenue Chu1. Vista. CA 91910 Callp Fire Girls P.O. Box 3275 San Diego. CA 92163 Un1yersity of California Cooperative Extension (4-H) San Diego County Bu11ding 4 5555 Overland Avenue San Diego. CA 92123 .- . . " . . ...ne.... City of Chub Vista Parks and Recreation ..." I", .......... 276 Fourth Ave. Chull Yistl. CA 91910 'holll 691-5071 Sunny Shy. Recreation Superintendent ".ne. Ceftteet h.oon T. _td ,..or ...ncr .. ''''_t''' In "'''' till. f,clIl,y? Yes 2. _Id,.our .....nl..tl.. ~ . .Inl_1 rentel f.. for tho ... .f 'ho f.clllty? Yes J. --,.our IIIfICY ..... ....... Ity IM"'_ th., could _ tho City of Chul. VI... II'Id .....'".... Yes "'Ion lcII..t IIltrlct .. C..IMU..... . 4. _Id,..or ...ncy .. ''''_t''' In .celll_1 ....? Yes s. _Id ....r ..-y .1.. to ..rtlcl...'. In tho Chul. VI... 1.....Uon L...u..? 0 6. 'h. City of Chul. YI.t. I. .nt....t... 'n ..vl"l ..ch ","o...nl..'lon r.cov.. ,h.l. p.opo.,lon.t. .h... of ,~ co.. fo. f.c" It l' .... ,.... co... Includ. u,IIItI... "Inton.nc.. ....IOM.I. oqul....nt .nd Ihblllt IMu..ne.. '1.... Indlc.t. .... you. or..nll.,Ion IIould ..., 'hi. condl,Ion of u... The operation of this facility would require general fund appropriation from the City of Chula Vista. Additionally. outside funding including business Ind corporate partnerships and grant funding will be actively pursued. Cpl.... u.. ..par.t. .... for addltion.l tnfor..tfon) I. '1.... ....... t.. followlno ~.'Ion. If you. ...ncy h.. .n In'....' In u,llll'n. 'h. C.n,... .. typo of .ctlvlty? Seasonal organized league activity. special events and contractual class opportunity. 0" II. '.r.ot popul.tlon? 12-18 years old. C. P...,...? To provide structure activity that is open to at risk aged youth offering I variety of recreational opportunity under direct supervision of trained City & volunteer staff. d. .anno. of .uporvl.lon C.,.ffl"l r.,lo). 1-10 stiff/volunteer ratio o. P.ld o. volunt..r .tef17 Paid staff and trained volunteer staff ~. Pr'Joe'''' do'.C.) .f .....? Mond~-Sunday with flexfbi)jty for schools additional usage and other youth agencies. e. 1_., Although the school day ends at 2:30. we anticipate additonal use by school,.e.~Dtfcipate u: 3:30/4:00 until' 10:00. p.m...Sat. ,-~. Sun. 12-5 .. 'rllr. f...? Minimal charge for league participation '0. fur"" .nf....'lan. pl.... c.11 tunny 'hy ., "'-507'. IIPC 16561 . . . "--w'" ~~iJt &,3 Fi:a_,'/~ Y1'1-'.,8 ..IU.. ....r... .9) AI..,-,N, AIIeIO....,. f'A../1lI b;ff.... rc.. . ",- ('If) +'.2;. 5'.!~"'/ 'I/"llJ . "l~. CMlact...... .f:j.,.,.. t. I. S. 6. s. 6. J1tt!./}At1t.!l!.... ..... twr ."11&' .. tat.,.__ I. _I", till. f.clllty? ..... \"lOW __Iutl.. ~ a ...I_.....t.1 fH f.r the ... .f the f..lllty? .... twr "1M. ..... "_III., 1__. ,".t _II. _ tll. Cft, .f Chul. Vf.t. .NlaMatlllt.. "Ian ...... II.trlct _ ee-IMu,". .lb ~ ~ ..... twr II-.-w .. Int_'" I. _1_1 ....., ~ ....111 twr "'11&' .1.. 'a ..rUcl,.t. I" t", Chul. Vlat. leer..tlon L...ue.' .J::l:2..- ,.. Clt, af Chul. YI.t. I. Interested I" lI.yl", ..c" ".".ra.nf,.tfon r.c.y.. th.I. P.opo.tlon.t. .h... .f _t f.r f.. I 1ft, .... ,.... CHt. IlIelud. utllltl... ..Int.nalle.. ,.........1. &qul_nt .nd If.bll Iftlur_.. Pl.... Indlc.t. .... reur arl.nf..tl... would ...t t..l. candltlon .f u... nr- Y~A .4.., ~.._..J I"J"'ft I~,..L ~'" !'V-L_/ I"t~,. ~,. J:i,~.J- S~UW'It :J:r' &.,. << ~ I'J-r '!",. r_<ra'<'-. f "l':;~~ 1..1.. ~~.:.,:::: ~,;: ",/~.J "" se~ rr~ ll~i,d "'~JI-I "I".d&.e'.... __ .,!!t.. __ l.o' \ ./lJ. ,~'-',...r.-I. '7A."Y ~/~/.. -h-r ~~~ ~ D '-:s .~.J...,.. -':~L:;; i1..,~.."... .fl.r -II, I'~(J ,,<~ Cpl.... u.. ....r.t. .... tor eddtttonal fnfor.etton) ." .. .,.... .......r tII. f."",I", ~.tl.... If YOU' .,.nc, .... .n Int....t In utlll'!na the C.nt... .. '''' af a.tlYlt" >>-.11- J,..-b <.Pee-t..M. 8~.u..1I 3-oJ'O'''''~>j M..II. R-Irtcss t. S~ 0" A-It.'t.) .'araet .......,.tI..., }b...~, .. c. .....,..., ~..it- ,,...Is ...... .pIMsS. 1hc Y/OfCI4 ""...,.,( ,.,..;..') "'....+- ~..s ~.1i.~ ;r )"..-IA Ouk ." ""'''::'~ ,..,,"I,.,S ..t..,,"") ,Ii,. "'-II.~ .j: .r.....,...... -1'I1.,~J., __r af 1.1011 (...ffl", r.fl.). ~. ~1a.# ,,"'..(, ".I.woIrc,~ q ~ It>- I _. ." ..111 .r w'UlltHr .t.ff? 1 If ~ :Is > ~ ! 1/#1...,.'1r*,'''' pt... ....Jected .t.C') .f ....., :s.1IW"~"_ ""A,e"'I"I , '9"z. .14< ......., f A.~ - ~:l.p.,.,. .....r. fH" '"is" /h' C'h"/J. >'1'''14 ;, .{Jo.,J,Jc Of' iItc TiMC.' f. .. .. f.r furtll.r I"'arutlon, .1.... eDit IurIIIy Ihy at "1'5071. ..C 16S611 . "_.'_ Boys & Girls Club of Owla Vista ....Ul.. ......... 1301 Oleander Avenue Owla Vista. CA 91911 ,._ (619)421-4011 W. Scott Mosher ..L..... Centec, ...._ 1. ....,.,... ".IIe, .. ......,.. I" .1111 ,.1. f.cUIty'! 2. ....,. ,..". .......1..,... ~ . el"I.., ren1l1 f.. f... ,.. ... .f ,.. f.cU Ity'! .DWJ: If f.lPt:P~C s. ....,... 8I.IIe, .- ....Ul'" IM""_. tII.t _lei _ tII. Clt" .f Clull. 'lit. lflii '_t...,.,. Yes ...1.. ....., ".trle, _ Ce-I_... 6. ....'iI,.......,.. IM_,.. I" _.1_1 ....., Actually, more than occasion s. ....,. ,..". ...." .... ,. ~""el~tI In ,.. Clull. VI.t. ,.c,..tlon L..,u..' Would like to explore that 6. ,.. CI" .f ~u,. .1.,. I. I"'.....t.. In ..~IIII ..c. ""'.".nl..,I... 'IC.~., '.0" ,roport'...ot. oh.,. of t nit f., f,clI't" .... f.... e.lt. Include utllltl... ..'n'.nlne., ,..._1, lC\u'PMnt .nd lI.blll IMU"_', ".... I""'cet. .... _I' ."."llItI... lIOulel _It thl. __'"... of Ule. The Boys & Girls Club is currently Dt'oVidinl!. services at 350 L Street, O1ula Vista. Should we obtain use of this facility. we would move our DrOl!.rams. staff, as well as ODeratinl!. budv.et to this new site. Havinl!. a current oDeratinl!. budl!.et for this Dt'02ram would allow us to meet this condition of use. C.I.... ue. ..,.rat. .... for eddtttonat tnfor..tton) .- .. .,.... ......, ,.. f"'''''1II ~.tlon. If ,",ur ...nc, ... ." Int.r.., In utll,.I~ t.. C.n,.,. .. f". .f .ctlyl,,,, Individual, small group, and large group or drop-in activities in the areas of socia] recreation, ~!5~ ~l~~ical fitness, educational progranming and special i.1terest ,.".t popul.tl..., Boys & Girls between the ages of 6 and 18. ~.., 10 provide positive activities and opportunities to develop the health, self-esteem, and character of the youth of our cOl1lllunity enabling them to reach their fullest JD~ --I' .f ....rwl.I... C.t.ffllll ,.tlo). 1:15. Small group activities and field trips between 1:8 and 1:12. .. e. iI. .. ..111 ., "Iunt.., et..., . Paid ataff supplemented by volunteers. .f. ......t.. .t'(1) .f ...., Monday through Friday on an ongoing basis. ......, 2:30 p.m. - 8:30 p.m. I. .. .,...,. f..., 410.00/year IMIribership. Possible additional costs for sports leagues or special clas! 'II' f"",.... l"f.....tI... .,.... e.U """''' ft, .t "'-5071. we 16561 FAIL SEASON 8:00 am 2:30 pm MoD/Wed iillll' 11illt Tue!Iburs .'(1 1~I1,il,~"~I~I~ Attachment "R" OPTIONl GYMNASIUM/CITY OPERATION 2:30 3:30 pm 4:30 pm 5:30 pm 6:30 pm 7:30 pm 8:30 pm pm Free COED COED COED COED COED COED Play Indoor Indoor Indoor Indoor Indoor Indoor Soa:er Soa:er Soccer Soccer Soccer Soccer 12-13 12-13 14-15 14-15 16-18 16-18 Free COED COED COED COED COED COED Play Team Ball Team Ball Volleyball Volleyball Volleyball Volleyball All Ages All Ages 12-14 15-18 12-14 15-18 .", ....... .............-.--.,....... FriIB!mt';' Free Play'" Special Events ... Free Play'" Special Events ... Free Play I~i1j!ijI.r Sat Sun ... League Games ... League Games ... 12:00 pm - Free Play - 5:00 pm SUMMER SEASON MoD/Wed Tue!Iburs Fri Sat Sun 8:00 am 2:30 2:30 pm pm i.R66lii. Free .j~~~H Play !~I!~r:!t.fiif~1i ~111!ill ~:~:::;:t{:::::::~J:;~:::~{::::::::::::: ~~:~}}.::~:.i:)i:th.;:~Iff ..... ..... Free Play OPTIONl GYMNASIUM/CITY OPERATION 3:30 pm 4:30 pm 5:30 pm 6:30 pm COED COED COED COED Team Team Team Team Handball Handball Handball Handball 12-14 12-14 15-18 15-18 COED COED Open Open Whiffieball Whimeball Volleyball Volleyball 12-14 15-18 Olympic Games 7:30 pm 8:30 pm Olympic Olympic Games Games Olympic Games :.!I~lI; Free Play'" Special Events'" Free Play'" Special Events ... Free Play'" ... Olympic Games ... Olympic Games ... ... Free Play ... Free Play ... Free Play ... 12:00 pm - Free Play - 5:00 pm SPRING SEASON Mon/Wed Tue/I'hurs 8:00 am 2:30 pm ;~l:;:t~~;~;~'~~:~Wt~t1~~: ..,.~,,,.,,,., ;l';;;:::i~;::t:i:;;~:;::lKJt ....""R....,........ ";.~_M"~::.'.:.:.:. !1!I[ilii!'I!~ !!;II!i!11 illllltit!li~;: OPTION 1 GYMNASIUM/CITY OPERATION 2:30 3:30 pm 4:30 pm 5:30 pm 6:30 pm 7:30 pm 8:30 pm pm Free COED COED COED COED COED COED Play Indoor Indoor Indoor Indoor Indoor Indoor Soccer Soccer Soccer Soccer Soccer Soccer 12-13 12-13 14-15 14-15 16-18 16-18 Free COED COED COED COED COED COED Play Volleyball Volleyball Volleyball Volleyball Volleyball Volleyball 12-14 15-18 12-14 15-18 12-14 15-18 Fri 1IIIi Free Play'" Special Events ... Free Play'" Special Events ... Free Play Sat Sun ... League Games ... League Games ... 12:00 pm - Free Play - 5:00 pm WIN1ER SEASON Mon/Wed Tue!lburs 8:00 am 2:30 pm ::~I~II:: ::~~:;ili~'~1('lijilj~1[]i~ii!!1. Ililli ", --......... ;,11111f[111 OPTIONl GYMNASIUM/CITY OPERATION 2:30 3:30 pm 4:30 pm 5:30 pm 6:30 pm 7:30 pm 8:30 pm pm Free COED COED COED COED COED COED Play Basketball Basketball Basketball Basketball Basketball Basketball 12-13 12-13 14-15 14-15 16-18 16-18 Free COED COED COED COED COED COED Play Badminton Badminton Badminton Badminton Badminton Badminton 12-14 15-18 12-14 15-18 12-14 15-18 n... ...............".. Fri1st\Jj~.;;;., Free Play ... Special Events ... Free Play ... Special Events ... Free Play ... :;pl!l;;iI Sat Sun .. League Games .. YMCA Programs .. 12:00 pm - Free Play - 5:00 pm OPTION 1 MULTI PURPOSE ROOMS! DANCE ROOM GIRLS/BOYS CLUB MULTIPURPOSE ROOM 1 2:30 I 3:30 4:30 5:30 6:30 7:30 Mon HOMEWORK a: TUroRING EDUCATIONAL SMART MOVES BODYWORKS KEYSTONE CLUB GAMES/CONTESTS Tues HOMEWORK a: TUroRING EDUCATIONAL SMART MOVES BODYWORKS KEYSTONE CLUB GAMES/CONTESTS Wed HOMEWORK a: TUroRING EDUCATIONAL SMART MOVES BODYWORKS KEYSTONE CLUB GAMES/CONTESTS Thor HOMEWORK a: TUroRING EDUCATIONAL SMART MOVES BODYWORKS KEYSTONE CLUB GAMES/CONTESTS Fri HOMEWORK a: TUroRING EDUCATIONAL SMART MOVES BODYWORKS KEYSTONE CLUB GAMES/CONTESTS Otber Progt'8ID$: Operation Sman, ArIa a: Clafts, Pbotograpby and otber IpeciaI group use. No Saturday and Sunday operation MULTIPURPOSE ROOM 2 Monday-Friday 2:30 pm - 7:30 pm Social Recreation Monday-Friday 7:30 pm - 8:30 pm Teens Only DANCE STUDIO 2:30 3:30 4:30 5:30 6:30 7:30 Mon Creative Modem Dance Ballet Beginning Advanced Modem Dance Movement 10-12 6-9 Gymnastics Gymnastics 13-15 Tues Creative Modern Dance Ballet Beginning Advanced Modem Dance Movement 10-12 6-9 Gymnastics Gymnastics 13-15 Wed Creative Modem Dance Ballet Beginning Advanced Modem Dance Movement 10-12 6-9 Gymnastics Gymnastics 13-15 Thurs Creative Modem Dance Ballet Beginning Advanced Modem Dance Movement 10-12 6-9 Gymnastics Gymnastics 13-15 Fri Creative Modem Dance Ballet Beginning Advanced Modem Dance - Movement 10-12 6-9 Gymnastics Gymnastics 13-15 Other Programs: Creative Movement, ballet, jazz, tap, modem dance and gymnastic for various age groups. No Saturday or Sunday operation. Ant{ch~ . - .SWEETWATER UNION !UGH SCHOOL DIS1RICI' ADMINISTRATION CENTER - Attachment "r" 1130 FIFTH AVENUE CHULA VISTA, CALIFORNIA .1.11 CIU) "1-5555 rAX: CIU) UO-Ou. .Iohn L. BiNlDM. Bd.D. BllperillteraMnt July 19, 1991 Mr. John Goss City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr. Goas: On September I, 1988, the Board of Trustees of the Sweetwater Union High School District approved the Ground Lease and Joint Use Agreement between the District and the City of Chula Vista for the construction of the Youth Facility located on the Chula Vista High School C8II1pus. It was the Board's position that the best operator of that facility woUld be the City of Chula Vista. Also, it was mutually agreed upon by both 'parties that if a leasee was found for the building, the District would have the opportunity to sub-approve said leasee. The District strongly supports the idea of the City operating the facility in the belief that it is the most responsible party to effectively operate this facility in the best interest of all citizenry in the City of Chula Vista. Sincerely, 5Q . ,'.. ~ .'. ,,1......\ to '\" , ~ .. " , " L.Rindone ; .... . . -' Superintendent (.- - . . . ~ , .JLR:mr '. ./ Bolrd of Trustees ...,- , / cc: , , " Dtllit.tioH to Ex<<'''''<<" "C_mitmnrt to l"",f'Of1iH, tM ",,11m" "Re."ett for 'M 'Hllir1illM.r' Attachment "J" OPTION #1 Joint citY/School District operation Fiscal Impact - FY 92 - 9 months 5101 - Salaries 5103 - OT 5105 - Hourly 5141 - Retire 5142 - Benefit 5143 - FICA/Medicare Sub-Total 5212 - Printing 5218 - Postage 5225 - Transpo 5251 - utilities 5252 - Telephone 5268 - Svc. Maint. 5268 - Svc. Maint. 5298 - Other Contr. 5301 - Office Supply 5302 - Jant. Supply 5368 - Mat'l Maint. 5371 - Rec. Supplies 5398 - Misc. Equip. 5566 - Office Equip. 5568 - Other Equip. Sub-Total Rec. Supvr. II ("C" step) Rec. Leader (1.11 FTE) Rec. Aide (.73 FTE) Personnel Costs Duplicating/Printing of flyers & brochures $ Initial start-up and reg. 260 miles/mo. Estimate based upon comparable square footage in similar recreation facilities Purchase & installation of 2 phones + 50/mo. Scoreboards/security system Custodial/grounds maintenance Pest control & security system Misc. supplies Misc. supplies Misc. Athletic equipment Misc. Operations/Maint.jEquip. $ Total - FY 92 Expenditures [youthfac] 1 $ 25,756 :J15O $ 21,032 3,743 3,640 1.165 55,556 225 275 470 9,OCO 850 :ED 18,750 720 190 190 :ED 2,370 500 3,485 25.600 62,925 $ 118.481 Attachment "J" (Can't) OPTION #1 Joint city/School District operation Fiscal Impact - FY 92 - 9 months EQUIPMENT OUTLAY DETAIL 5371 - Rec. Supplies Volleyballs $ 3f:O Badminton Equip. 310 Basketballs 700 Ball Lockers 200 Ball Pumps 50 Misc. Equip. 7'3J $ 2,370 5566 - Office Equip. Desks (2) $ 1,C60 Chairs (2) 3f:O File Cabinets (2) 75 Bookshelf 13 storage Cabinet 170 Folding Chairs (50) wjcart 775 Folding Tables (10) wjcart 725 Misc. 200 $ 3,485 5568 - Other Equip. Podium PA $ 600 Volleyball System 7,'3:IJ Badminton System 800 Tumbling Mats 3,000 Portable Ball Goals 1,200 Wall Pads 5,000 Scaffolding 7.'3:IJ $ 25,600 [youthfac] 2 Attachment "K" BOYS & GIRLS CLUB OF CHULA VISTA ~ FOR THE OPERRTION OF THE NEW COMMUNITY YOUTH FACILITY Introduction The Boys & Girls Club of Chula Vista has been successfully serving the needs of youth in our community for 34 years. By helping young people to gain self-confidence and the motivation to succeed, the Club enables them to develop the skills they need to become responsible citizens and leaders. We current I y serve over 2,000 youth throughout the Chu I a Vista area. The Boys & Girls Club is proud of its achievements including: . . prov i ding Qua Ii tv. affordab 1 e. DrOqrams. Program fees are kept low so any youth may participate. No chi ld is ever turned away. ..the introduction of European Team Handball to the South Bay area. I t has become so successfu I that now the Parks and Recreation Department and local school districts are starting handball programs. The Club has co-sponsored the East I ake South Bay Summer Games each summer, and has coordinated the Team Handball program for the games each year as well. ..the Club's Fine Arts program has encouraged and assisted members in developing their abi I ities. This has resulted in their work being exhibited, as well as being included in regional, and even national competition. . .the initiation of a transportation program to improve access to our serv ices from certa i n schoo 1 s. The Club also took a leadership role in the development of a coalition between the Chula Vista Elementary School District, the Human Services Council, the YMCA, and the Boys & Girls Club. This coal ition expanded transporta- tion opportunities enabl ing chi ldren to get to after- school youth programs. ..successfully developed a preschool and child care center to meet the needs for quality, affordable child care as determined by Chula Vista 2000. . .the offedng of sports leagues for teens. Our teens provide various conmunity service projects. This year our programming for teens is greatly expanding and will include Keystone Clubs, SMART Moves, and Teen Outreach. The Boys & Girls Club is unique in that it uses recreation as a "means" rather than an "end". Programs are "Youth Centered" rather than "Activity Centered" which maintains a focus on the needs of youth. Our staff works with children from a variety of family backgrounds. They work very closely with parents and schools to help meet individual needs a ch i I d may have. By teach i ng boys and g i r I s to believe in themselves, club staff provides a window of opportunity for disadvantaged children and achieve remarkable results. With our successful program experience and with our uniqueness as a youth development organization, we now want to continue to help meet the needs of youth in our community by expanding our services on the westside of Chula Vista. Managing this new community youth facility will enable us to serve more youth and provide more quality, affordable programs. OneStep@ WOEx SYSTEM Conten1S Position Statement Proposal Advantages 1 Overview 2 Opel' ational Plan 3 Progr amming 4 Budget Budget Summary Itemized Service Budget 5 ~ Cardinal' BOYS & GIRLS CLUB OF CHULA VISTA POSITION STATEMENT New Community Youth Facility THE BOYS & GIRLS CLUB OF CHULA VISTA WOULD LIKE TO MANAGE THE NEW YOUTH FACILITY, OPERATE PROGRAMS THERE APPROXIMATELY THIRTY HOURS A WEEK AND COORDINATE USE OF THE FACILITY BY OTHER COMMUNITY GROUPS DURING OTHER AVAILABLE TIMES. ADVANTAGES TO HAVING THE BOYS & GIRLS CLUB OF CHULA VISTA MANAGE THE NEW COMMUNITY YOUTH FACILITY: 1 . It will create a very effect i ve and "'Pro-act i ve ~pub1ic-private partnership, furthering the goals of the city in the most cost-effective manner. 2. I t wi 11 prov i de a \.tide range of programs to serve ~he needs of youth in the area. 3. The Club's abi 1 ity to provide qual ity, affordable eervices. 4. It allows the Club to expand its programming and provide opportunities to more children on the west side. 5. The Club has existing programs, an existing staff, and an existing budget to operate this fad 1 ity with. 6. It will eave the city of Chula Vista a significant amount of money. ,- ~ noYs & GIRLS CLUB OF CHULA VISTA OVERVIEW New Community Youth Facility The Boys club of Chu1a Vista began providing services to the youth of our corrmunity in 1957. In 1964, the Girls Club was establ ished. In .July of 1987, the two organizations merged and became the Girls club and Boys Club of Chula vista and opened a new facit ity at 1301 Oleander Avenue. Prior to that, the Girls Club was located at 350 L street and the Boys Club was located at 5th and I street. About that same time the Club at 5th and I closed in cooperation with the City of Chula Vista and Homart Development to provide for the expans ion of the Chu I a vista Center. There was great concern on the part of numerous parents, children, and other members of the corrmunity about closing that faci 1 ity as it served a big need for youth services on the westside of Chula Vista. Homart Development, however, made a sizable contribution to go toward constructing a new youth facility on the westside. This is the facility, as you know, that is now being built on the grounds of Chula Vista High School. The operation of this facility has been critical to us ever since the closure of the Club at 5th and I to ensure that quality services continue to be provided on the westside. Our organ i zat i on today serves over, 2,000 ch i 1 dren, is open 2,100 hours a year, and is being attended by an average of 320 children each day. We have a voluntary Board of Directors which has been greatly developed over the past few years. We also are affiliates of and have the full support of Boys 8< Girls Clubs of America, Girls Incorporated, and the United Way of San Diego County. What is the Bovs 8< Girls Club? The mission of the Boys 8< Girls club of Chula vista is to provide positive activities and opportunities to develop the health, self-esteem, and character of the youth of our community, enabling them to reach their fullest potential. To accomplish our mission, we practice a set of principles. The Boys 8< Girls Club: ...is for all boys and gir1s. Boys and girls of all races, reI igion, and ethnic cultures can belong, giving them a safe, fun, place of their own. .. .requires no proof of good character. They help and guide girls and boys who may be in danger of acquiring, or who a 1 ready may have acqu ired, unacceptab 1 e hab i ts and attitudes, as well as boys and girls of good character. ...makes sure that all girls and boys can afford to belong. Membership dues are kept low so that all boys and girls can afford to belong. No child is ever turned away. ... is bui lding centered. Activities are carried out in the warm, friendly atmosphere of buildings especially designed to conduct programs. ...has full-time professional leadership, supplemented by part-time staff and volunteers. . . . has an open door po Ii cy. The Club is open to all members during scheduled hours of operation. .. .has a varied and diversified program that recognizes and responds to the co 11 ect i ve and i nd i v i dua 1 needs of girls and boys. ... is guidance oriented. make appropriate choices. and self confidence. We help chi ldren learn how to We promote their self-esteem Using these principles, we provide a core program based on phys i ca 1 , emot i ona 1 , cu 1 tura 1 , and soc i a 1 needs and interests of our youth. This program offers diversified activities in six areas: 1. Personal & Educational Development 2. Citizenship & Leadership Development 3. Cultural Enrichment 4. Health & Physical Education 5. Social Recreation 6. Outdoor & Environmental Education All of this is based on a youth development strategy whereby our members acquire a sense of competence, a sense of &.Isefulness, a sense of belonging, and a sense of power or iJ'lf I uence. When this strategy is fully implemented, the self-esteem of our youth is enhanced and an env ironment is created wh i ch helps them achieve their full potential. In this way. our Boys & Girls Club is unique from other public and private youth serving organizations. Interest in New Facilitv As previously stated, the Club has had an interest in this facility ever since the closure of the club at 5th and I. We are currently providing services at our L Street site (350 L Street), however, the physical facility there is no longer adequate with the number of children we are serving and the scope of services we are providing. We are currently serving an average of 18 children a day which in itself exceeds the capacity of the actual building. This new facility provides the opportunity for growth in the number of children being served; and for prOgram development, expanding the services to be provided. One of the things that is unique about a Boys & Girls Club is that its target population is toward youth from low-income and minority families. Over 60~ of the children currently being served on the westside fall into this target population. This is why, while the city is growing and developing to the east, .e are looking to grow and develop ~re on the westside. We feel that this is an area that is 'under-served and has the greatest need. , BOYS & GIRLS CLUB OF CHULA VISTA OPERA TIONAL PLAN New Community Youth Facility . We propose that the Boys & Girls Club of Chula Vista manage 'thi s new facil ity through a sub-l ease agreement with the city at a cost of $1.00 a year. The Club would operate the facility when not in use by the ~igh School in accordance with the joint use agreement between the City and the Sweetwater Union High School District. We would ask that there be greater clarification as to the extent of the usage by the High School. Coordination of Faci1itv Use We are committed to coordinating and promoting faci 1 ity usage with other community organizations as it is available. We do this on an ongoing basis already at our Oleander facility. We currently work cooperatively with the Sweetwater Union High School District, Boys Scouts, YMCA, N.A. (Narcotics Anonymous), and various other community groups in utilizing our facility as it is available. The Boys & Girls Club would primad ly operate programs in the facility between 2:30 p.m. and 8:30 p.m. Monday through Friday. Other pre-planned events may be scheduled in advance for activities such as monthly dances and special tournaments. Other times organizations Department. would be coordinated with other community such as the YMCA and the Parks and Recreation Staffin~ Boys & Girls Club Staff playa key role in helping members to gain self-esteem and develop social skills. Trained staff uses group activities to gain the respect and trust of young people and teach teamwork, leadership and how to get along with other. We currently .have a trained staff at our L Street facility .; which would move into this faci 1 ity. The staff is managed ,by a fUll-time professional program director who is on-site. We would add additional staff needed to implement expanded programming. The Club maintains staff ratios of 1: 15 to ensure quality programming as we11 as to ensure the safety and well-being of all Club members. In addition to the. above-mentioned staff and volunteers, admi n i strat i ve overs i ght and support is prov i ded by the Executive Director, Director of Operations, Secretary, and Accountant. Eauicment We would provide the equipment necessary to operate the facility. This would include, but would not necessarily be limited to, tables, chairs, desks, sports equipment, social recreation equipment, and cubbies. ~ome equipment we 'currently have on hand at other program sites. We also have funds set aside for this equipment over and above what has been budgeted for .operating expenses. We would further secure additional start up funds as needed. Financial Plan Our current annual budget for our L street site is $124,692.00. These funds would be diverted to this new site. Projected expenses for the new faci 1 ity for the ten month period September 1, 1991 to June 30, 1992 are $114,599.00. The projected budget is included with this proposal. The sources of our income include United Way, donations, membership, fund raising, and bingo. All sources have been steadi ly increasing and we anticipate they wi II continue to do so. We are also developing an aggressive annual giving program and endowment program to ensure financial security. We have a copy of our latest financial audit on file should you request it. Facilitv Maintenance Regarding concerns that have been expressed about our ability to properly maintain this facility, we certainly have that capability. Provisions can easily be included in the lease agreement to ensure that bui Iding standards are ~aintained or the lease would be nullified. "'he Club has recent Iy hired a Director 'Of Operations with C>ne of their primary responsibi I ities being faci I ity _anagement. The Board of Directors Administration Committee also has the responsibility of facility management oversight. Our Oleander facility has a regular maintenance .plan which includes a janitorial service, landscaping .ervice, a landscaping plan,. and. scheduled ..preventative lIIaintenance functions. A maintenance plan'~'.hould also be developed for this facility in conjunction with ~he city and ~The Sweetwater union High School District. noys & GIRLS CLUB OF CHULA VISTA PROGRAMMING New Communitlj Youth Facilitlj One uniqueness of Boys & Girls Clubs is that they have an "open door" whereby kids have a place to go as they need to. Programs are designed to be developmental and guidance- oriented in nature. The staff serve as positive role models for the youth and this in turn creates positive relation- ships between the children and the staff. Having fun - with a .purpose - is a key to understanding the Boys & Girls Club experience. Team sports and social recreation are a major initial attraction to the Club. Once there, young people become involved in various other programs that also promote their physical, social, and educational development. Accordingly, program activities are planned to provide a variety of informal activities, single session activities, and structured activities. Club members are encouraged to get invo 1 ved in a var iety of activities and to make choices. Teen programming would be a major focus to our programming as we feel this is an under-served population with great need. Our Oleander faci I ity has been very successful in developing sports leagues for teens. Our teens have also been very involved in service projects for the community. Additionally, we have developed a "Teen Outreach" program which is scheduled to start in our new teen room within the next few weeks. Our L street facility currently has a Teen Club which has involved teens in field trips, discussion groups, and community service projects. Activities change regularly as our staff is committed to planning a diverse program to meet the interest and needs of our Club members. Input into the types of programs to be offered will be sought from our Club members, our parents advisory committee, the Chula Vista Youth Commbsion, and our Board Administration Committee. The programs out 1ined in activity is fo 11owing: we plan to offer during the coming year are this section. Please note that beside each a letter in parenthesis which stand for the (D) - Daily Activity (W) - Weekly Activity, Once or More per Week (M) - Monthly Activity (Q) - Quarterly Activity FALL PROGRAM Soccer League (D) (0) Social Recreation Teen Nights (D) (organized activities in the gym Fine Arts (W) Operation SMART* (W) Say NO to Drugs Club (W) Table Tennis (W) Creative Movement (W) Beginning Gymnastics (W) Modern Dance (W) Arts & Crafts (W) Aerobics (W) Sports Card Club (W) Youth of the Month (M) Field Trips (M) Dances (M) Club Newspaper (M) Sir Lipton Sportsmanship Program (M) Theme Weeks (M) Special Events (M) Community Service Project (M) Red Ribbon Week (Oct.) Elks Hoopshoot Contest (Nov.) *Operation SMART is a spedal hed, research-based program for girls developed by Girls, Incorpoarted to encourage girls in the areas of science, math, and technology. winter Program Basketball League (D) Volleyball League (D) Homework Help (D) Social Recreation (D) Organized Activities in Gym (D) Teen Nights (D) SMART Moves* (W) Ballet (W) Keystone Club** (W) Operation SMART (W) Table Tennis (w) Photography (W) Arts & Crafts (W) Sports Card club (W) Fine Arts (W) Beginning Gymnastics (W) Creative Movement (W) Say NO to Drugs Club (W) *SMART Moves is an exciting curriculum that addresses the underlying causes of alcohol and other drug use and premature sexual activity. Because SMART moves teaches young people how to identify and resist pressures that lead to high-risk behaviors, it won acclaim from both the u.S. Office of Substance Abuse Prevention and the Federal Bureau of Investigation. **Keystone club is a citizenship and leadership development program for teens which is nationally chartered by Boys & Girls Clubs of America. Youth of the Month Dances Field Trips Sir Lipton Sportsmanship Program Club Newspaper Theme Wee~ Special Events Community Service Project Fine Arts Competition Essay Contest Kodak Photography Contest (M) (M) (M) (M) (M) (M) (M) (Q) (Dec.) (Dec.) (Jan.) Spring Program Wiffleball League (D) Soccer League (D) Homework Help (D) Social Recreation (D) Teen Nights (D) Organized Activities in Gym (D) Keystone Club (W) Smart Moves (W) Tennis (W) Aerobics (W) Tap (W) Say NO to Drugs Club (W) Fine Arts (W) Operation SMART (W) Sports Card club (W) Arts & Crafts (W) Teen Team Handball (W) Youth of the Month (W) Dances (M) Field Trips (M) Sir Lipton Sportsmanship Program (M) Special Events (M) Theme Weeks (M) Club Newspaper (M) Community Service Project (Q) Speech Contest Basketball Spot Shot Contest National Boys & Girls Club Week Activities National Girls Club Week Activities (Mar. ) (Mar.) (Apr.) (May) Summer Program Team Handball League (D) Teen Basketball League (D) Think Tank (Learning Games) (D) Social Recreation (D) Teen Nights (D) Organized Activities in Gym (D) Swimming (W) Tennis (W) Modern Dance (W) Keystone Club (W) Fine Arts (W) Smart Moves (W) Table Tennis (W) Say NO to Drugs Club (w) Sports Card Club (W) Operation SMART (W) Arts & Crafts (W) Creative Movement (W) Ballet (W) Dances (M) Field Trips (M) club Newspaper (M) Sir Lipton Sportsmanship Program (M) Youth of the Month (M) Special Events (M) Theme Week (M) Community service Project (Q) noYs & GIRLS CLUB OF CHULA VISTA BUDGET SUMMARY New Community Youth Facility Boys & Girls Club of Chula Vista New Community Youth Facility BUDGET SUMMARY For Ten Month Period September 1, 1991 - June 30, 1992 Personnel $72,204 Employee Related Expenses 14,142 Professional & Outside Services 495 Travel 850 Space 16,500 Equipment 100 Materials & Supplies 5,125 Operating Services 5,183 TOTAL SERVICE COST t.114,599 . BOYS & GIRLS CLUB OF CHULA VISTA ITEMIZED SERVICE BUDGET New Communitlj Youth Facilitlj Contributions Special Events United Way Bingo Grants Interest Income Membership Other Income TOTAL INCOME REVENUE $10,200 9,500 29,272 45,833 7,500 3,000 5,000 4,294 . $114,599 ITEM BASIS SERVICE COST New Community Youth Facility I. PERSONNEL Executive Director 1 . 0 FTE 15% allocated to service $6,054 Director of Operations 1 .0 FTE 25% allocated :to service 6,250 Administrative Secretary 1.0 FTE 20% allocated to service 3,009 Program Secretary 1.0 FTE 10% allocated to service 1,366 Program Director 1.0 FTE 100% allocated to service 17 , 500 Program Specialist .75 FTE 100% allocated to service 9,100 Program Specialist .75 FTE 100% allocated to service 9,100 Program Leader .75 FTE 100% allocated to service 6,825 Program Leader .75FTE 100% allocated to service 6,825 Program Assistant .75 FTE 100% allocated to service 6,175 TOTAL PERSONNEL S 72.204 '1. EMPLOYEE RELATED EXPENSES Payroll Taxes 6,288 Benefits 7,854 TOTAL ERE S 14 .142 III. PROFESSIONAL & OUTSIDE SERVICES Accounting $550 mo X 10 mo X 9% allocated to service 495 TOTAL P&O SERVICES $ 495 ITEM BASIS SERVICE COST V. TRAVEL Staff Mi leage $40 mo X 10 mos 400 out of Town Travel 400 Per Diem 50 TOTAL TRAVEL $ 850 V. SPACE SDG&E $1,000 mo x 10 mos x 50% allocated to service $ 5,000 Water $300 mo X 10 mos x 50% allocated-to service 1,500 General Maintenance and Repairs $2,000 mo x 10 mos x 50% allocated to service 10,000 TOTAL SPACE $ 16.500. 01. EQUIPMENT Maintenance Agreements Copier $100 mo X 10 mos x 5% allocated to service 50 Computer $ 50 mo X 10 mos x 10% allocated to service 50 TOTAL EQUIPMENT $ 100 VII. MATERIALS & SUPPLIES Office Supplies $65 mo X 10 mos $ 650 Postage $15 mo X 10 mos 150 Printing $65 mo X 10 mos 650 Social Recreation Equipment, Games, Activity supplies $50 mo X 10 mos 500 Health & P.E. Dept. Equipment, Games, Activity Supplies $50 mo X 10 mos 500 Boys & Girls Club of Chula Vista The budget contains the following line items: Personnel Employee Related Expenses Professional & Outside Services Travel Space Equipment Materials & Supplies Operating Services The Itemized Service Budget shows exactly what is included in each line item and on what basis those costs were figured. Some expenses are spread over more than one program. the "% a 110cated to serv ice" indi cates the percentage charged to this program. Space costs are figured at 50& of total projected that the school district wi 11 be facility 50% of the time and therefore will for 50% of the expenses. additional outside the facility may increase space costs, additional cost would be assumed by the user. Ut i 1 i ty costs are based on actua 1 costs at our Oleander facility which is utilized approximately the same number of hours that this facility will be. Our Oleander facility is also larger, measuring 26,000 square feet as compared to the new facility which will be 17,000 square feet. cost. It is utilizing the be responsible groups use of however, the t1aintenance costs are based on estimates form professional "janitorial services. ITEM BASIS SERVICE COST Classes Arts & Crafts $50 mo X 10 mos 500 Dance $50 mo X 10 mos 500 Homework Help Learning Materials, Supplies $40 mo X 10 mos 400 Operation Smart $25 mo X 9 mos 225 .Jr. Staff Leadership $25 mo X 10 mos 250 Club-wide Special Events $50 mo X 10 mos 500 Other Program Related Costs $100 qtr X 3 qtrs 300 TOTAL MATERIALS & SUPPLIES $ 5.125 VII t. OPERATING SERVICES Phone Service $ 80 mo X 10 mos 800 Liability Ins $730 mo X 10 mos X 15% allocated to service 1,095 Accident Ins $ 40 mo X 10 mos X 15% allocated to service 60 Professional Dues Service Orgs. $400 Area Council $100 BCA 12.5% $450 GCA 12.5% $315 1,265 Conferences/Training 300 Training Materials $50 mo X 10 mos 500 Newsletter $750 qtr X 3 qtrs X 25% 563 Awards & Recognition 600 TOTAL OPERATI NG SERVICES $ 5.183 TOTAL OPERATING BUDGET $114.599 OPTION #2A Attachment "L" Sublease - Bovs and Girls Club Operation with School District City Operational Costs for Providing Programming and utilities/Maintenance Hours of Operation City Would utilize: 8:30 p.m. - 10:00 p.m. (Mon.-Fri.) [1-1/2 hrs./day x 5 days] 9:00 a.m. - 9:00 p.m. (Sat.) [12 hrs./day x 1 day] 12:00 p.m. - 5:00 p.m. (Sun.) [5 hrs./day x 1 day] 24.5 hrs. x 51 weeks = 1250 hours = .60 FTE Recreation Leader (1250 x $7.55/hr.) Recreation Aide (1250 x $7.04/hr.) 2 hrs./day x 5 days/week x 52 weeks = 520 hrs. = .25 FTE Recreation Specialist (520 x $9.29) Benefits Sub-Total Personnel Non-Personnel costs/Proportionate to Use utilities Maintenance Sub-Total Non-Personnel Total - City Programming Costs Club's Proposal for City to Pay utilities & Maint. Total for Option #2A [youthfac] 1 FY 92 (9 mos.) $ 7,079 6,600 3,623 649 $17,951 $ 5,070 9.900 $14,970 $32.921 $25.200 $58.121 7.5 hrs. 12.0 hrs. 5.0 hrs. 24.5 hrs./wk. FY 93 (12 mos.) $ 9,438 8,800 4,831 865 $23,934 $ 6,800 13.325 $20,125 $44.059 $37.800 $81. 859 OPTION #2B Attachment "L" (Con't) Sublease - Bovs and Girls Club Operation with School District City Operational Costs for Providing Programming Only Hours of Operation City Would utilize: 8:30 p.m. - 10:00 p.m. (Mon.-Fri.) [1-1/2 hrs./day x 5 days] 9:00 a.m. - 9:00 p.m. (Sat.) [12 hrs./day x 1 day] 12:00 p.m. - 5:00 p.m. (Sun.) [5 hrs./day x 1 day] 24.5 hrs. x 51 weeks = 1250 hours = .60 FTE Recreation Leader (1250 x $7.55/hr.) Recreation Aide (1250 x $7.04/hr.) 2 hrs./day x 5 days/week x 52 weeks = 520 hrs. = .25 FTE Recreation Specialist (520 x $9.29) Benefits Sub-Total Personnel Non-Personnel costs/Proportionate to Use utilities Maintenance Sub-Total Non-Personnel Total - Option #2B - City Costs [youthfacJ 2 FY 92 (9 mos.) $ 7,079 6,600 3,623 649 $17,951 $ 5,070 9.900 $14,970 $32.921 7.5 hrs. 12.0 hrs. 5.0 hrs. 24.5 hrs./wk. FY 93 (12 mos.) $ 9,438 8,800 4,831 865 $23,934 $ 6,800 13.325 $20,125 $44.059 ITEM 1TI1.E: Report on COUNCIL AGENDA STATEMENT Item I cf- Meeting Date 9/17/91 Council Staff Assistance Alt. 1B-2B-2C Ordinance - Creating the Department of the Office of Mayor and 14 1 q ~ City Council. Alt. LB. Resolution - \\0 ~I\:~ A Alt. LB. Ordinance - ~"\lq t\ Alt. 1.C. Resolution - \10 ~'t'6 e, Alt. 2.B. Resolution - ) I" ~4. ~C,; Alt. 2.C. Resolution - I'-?I.(~~ Amending the FY 1991-92 budget and Resolution 15824 to eliminate one Senior Management Assistant position and add one Assistant to the Mayor position in the (City Manager's Office) (or Department of the Office of Mayor and Council) and establishing its salary and fringe benefits. Amending Section 2.05.010 of the Chula Vista Municipal Code to establish the position of Assistant to the Mayor in the unclassified service of the City of Chula Vista. Amending the FY 1991-92 budget to eliminate a Senior Management Assistant position in the City Manager's Office and transferring $47,700 from the City Manager's Office employee services account to the professional services account within the Office of Mayor and City Council. Amending the FY 1991-92 budget to add one full time equivalent Council Assistant I, II, or III position in the (City Manager's Office) (or Department of the Office of Mayor and Council) to provide assistance to the Council and transferring funds therefor. Resolution of the City Council of the City of Chula Vista amending the fiscal year 1991-92 budget to add 1.25 full time equivalent Council Assistant I, II, or III positions in the (City Manager's Office) (or Department of the Office of Mayor and Council) to provide assistance to the Council and transferring funds therefor. NOIE: This report refers to an attached report from the City Attorney which was not finalized in time to be included in the Council packet with this report. The Attorney's report will be provided to Council separately. There is therefore a possibility there may be some inadverrant inconsistencies between the two reports. Staff will review both reports and report any such problems to Council at the Tuesday meeting. Since the alternatives and four fifths vote requirements are fairly complicated, staff will also prepare a chart for Tuesday's meeting summarizing the alternatives and the vote requirements. \ l\ - I SUBMTITED BY: <' Deputy City Manager Thomson (/ City Manageiff (4/Sths Vote: Varies, as described in the text) , PAGE 2, ITEM: {~ MEETING DATE: 09/17 /91 REVIEWED BY: REFERRAL NO. 2401 At the August 13, 1991 City Council Meeting, Council directed that staff bring back the issue of staff support for the Mayor and City Council. This report is meant to be a recap of two prior reports on this subject and to provide additional staffing and funding alternatives from which Council can determine which option to implement. RECOMMENDATION: That Council accept the report and provide direction regarding the Council staffing alternatives. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. BACKGROUND The issue of Council staffing has been considered by the Council three times this year. The first report, dated January 18, 1991, outlined four general options for staffing and was discussed at Council's January 24 goal-setting meeting. The second report, dated April 2, 1991, further addressed the staffing option for which Council had expressed the most interest at its January 24, 1991 meeting and provided a more detailed discussion of several ancillary issues. At its April 2 meeting, the Council decided to defer consideration of that report until the Council's budget deliberations (as Supplemental Budget Report #21). On June 10, 1991 the Council voted to file the report. The above reports are attached. On August 13, 1991 Council referred the issue back to staff to review additional alternatives and funding sources, which are addressed in this report. The January 18, 1991 "City Council Staffing" report outlined four general options for staffing. Those options were: 1. Maintain status quo (1 Senior Management Assistant, 2 Clerical positions) ! 2. Provide additional support from other existing Management Assi~tant positions (3 in Administration, 2 in Public Works, 1 each in Police and P,arks and Recreation)' 3. Add 1 full-time professional staff position to help support the Mayor ,and Council 4. Add 2 full time equivalent (FTE) positions to provide a half time person to support each of the Councilmembers with the existing Senior Management \l.\:,l. ~- PAGE 3, ITEM: ) L./ MEETING DATE:09J1m1 Assistant position providing support to the Mayor and helping coordinate the activities of the four half-time positions. The April 2, 1991 "Report on Potential Approaches to Council Staffing" further addressed option #4 from the above report that Council had expressed the most interest in at its January 24, 1991 meeting. The remainder of the April 2, 1991 report specifically focused on: Employee status and method of selection Ongoing cost and how to pay for Council Staffing - Physical location and initial facilities - Role and coordination issues At its August 13, 1991 meeting, Council directed staff to prepare a report that would provide for additional Council staff assistance with no net cost to the General Fund. Specifically, the Council was interested in reviewing an alternative that would provide for one additional full-time equivalent position that would allow each of the four Councilmembers to have 8-10 hours per week of part-time staff assistance, with the existing full-time professional position restructured to provide assistance to the Mayor rather than to the entire City Council. The Council also directed staff to further review viable methods that such additional Council assistance could be provided with no net cost to the General Fund. DISCUSSION Since there are several alternatives regarding the full-time professional posltlon (currently being filled by Shauna Stokes on a temporary basis) as well as for the part- time assistants, each will be discussed separately below. In all of the alternatives, it is assumed that the existing two clerical positions -- the Secretary to the Mayor and City Council (currently filled by Patty Wesp) and the Administrative Office Assistant III (currently filled by Diana Vargas) -- would continue to provide clerical support to the Mayor and the entire City Council. The alternatives discussed below in Section 1 regarding the full-time professional position are: 1.A. Classified Senior Management Assistant Position 1.B. Unclassified Assistant to the Mayor (or Assistant to the Mayor and City Council) position \~~~ PAGE 4, ITEM: ~ MEETING DATE: 09/17/91 1.c. Contract position The alternatives discussed below in Section 2 regarding the part-time Council Assistant positions to support the four Councilmembers are: 2.A. No Part-Time Council Assistants 2.B. Four Quarter-Time Council Assistants 2.C. Five Quarter-Time Council Assistants An underlying issue regarding all of these alternatives is whether the appointing authority for such positions should be the City Manager, the Mayor, or the entire City Council. As mentioned in the April 2, 1991 report on Council staffing, there is some ambiguity in the City Charter regarding this issue. After further reviewing the issue, however, the City Attorney's Office has concluded in the attached memo that the City Council can appoint Council staff (in addition to the City Manager, City Attorney, City Clerk, and Secretary to the Mayor and City Council) if they first make the Office of Mayor and City Council a department. Such Council staff would be prohibited from performing, individually or on behalf of a Council member, any "administrative functions" and from interfering with the City Manager in his performance of "administrative functions." They would be appointed and terminated by a three fifths vote of the Council and would be supervised by the Mayor. Ordinance 1.B.-2.B.-2.C. would establish a Department of the Office of Mayor and City Council (three fifths vote required) and is necessary to implement Alternatives LB., 2.B., or 2.C. as Council appointments. The Ordinance includes an option to make it an urgency ordinance (four fifths vote required). As indicated in the April 2 report, the City Manager could instead be designated the appointing authority for these alternatives, and would certainly continue to seek the input of the City Council in making appointments to positions such as these and in evaluating their performance. The resolutions necessary to implement Alternatives LB., 2.B., and 2.C. have each therefore been prepared with an option to have the positions budgeted in the City Manager's Office and appointed by the City Manager, in addition to the Council appointment option described above. 1. ALTERNATIVES REGARDING FUIl.-TIME PROFESSIONAL POSmON There are three basic ways the existing full-time professional position assigned to support the Mayor and City Council could be structured. In each of the three alternatives the position could be assigned to assist the Mayor and City Council or just the Mayor, depending on how any additional part-time positions are structured (this latter issue is addressed in Section 2 below). \4-4 PAGE 5, ITEM: ) <.f MEETING DATE: 09/17/91 H Shauna Stokes, who has been temporarily assigned to this position for the last three months, has prepared a memo that is attached that describes her experience and observations regarding the position and its duties. Although her memo suggests the possibility of downgrading the Senior Management Assistant position to Administrative Analyst I or II and adding some additional part-time clerical staff, this alternative is not being formally proposed for Council consideration but rather is provided as background information. Since some members of the Council have expressed an interest in having more direct assistance with research and the development of policy proposals, downgrading of the position is not recommended. The three basic alternative ways the existing full-time professional position could be structured are as follows: 1.A Classified Senior Management Assistant Position Since FY 1987-88 there has been a Senior Management Assistant position budgeted in the City Manager's Office that has been assigned to provide assistance to the Mayor and City Council. This position is hired and supervised by the City Manager's Office with input from the Council. The position is physically located in the Office of Mayor and City Council and provides direct assistance to the Mayor and Councilmembers, as well as helping oversee the management of the office. The Senior Management Assistant classification is in the Middle Management group and is a classified, civil service position. Its current salary range is $39,206-47,665 plus benefits for a total annual cost of $50,667-60,330. This alternative is thus the status quo alternative, although it should be noted that the person currently filling this position is doing so on a temporary basis and that assignment is scheduled to end soon. If Council selects this alternative, the City Manager will therefore appoint someone from the current Senior Management Assistant list to this position as soon as possible, with input from the City Council on the appointment. Since this is a currently budgeted position, no further Council action is required to implement this alternative. As indicated above, this position could provide assistance to the Mayor and City Councilor just to the Mayor, depending on how any additional part-time positions are structured. The advantages of this alternative include: (1) it avoids the "multiple boss" problem of having the position report to all five members of the City Council; (2) it helps insure proper communication and coordination with the City Manager's Office and City departments and is the most consistent \l\ ~S PAGE 6, ITEM: I~ MEETING DATE: 09/17/91 with the Council-Manager form of government; and (3) it keeps the position within a standard City classification series and thus makes it part of a career ladder and available for job rotation. The disadvantages of this alternative include: (1) the Mayor and City Council may not receive the same level of assistance from this type of position as from a position directly hired and supervised by them; and (2) there would be less flexibility in hiring and firing a classified, civil service employee reporting to the City Manager than under the following alternatives. 1.B. Unclassified Assistant to the Mayor Position The second alternative regarding the full-time professional position would be to eliminate the Senior Management Assistant position currently budgeted in the City Manager's Office to provide assistance to the Mayor and City Council and replace it with a new unclassified position budgeted in the Office of Mayor and City Council. The new position might be titled "Assistant to the Mayor" or "Assistant to the Mayor and City Council", depending on how any additional part-time positions are structured. The position could use the office currently assigned to the Senior Management Assistant and oversee the management of the office. Regardless of whether this position is structured to provide assistance to the entire City Councilor just the Mayor, the City Attorney's Office has concluded that the position would need to be supervised by the Mayor and appointed (or terminated) by a three fifths vote of the Council. In order for the position to be appointed by the City Council, the City Attorney's Office has concluded that the position needs to be a part of the Office of the Mayor and City Council, including being budgeted therein. As discussed previously, this alternative would also require that the Council establish the Department of the Office of Mayor and City Council by approving Ordinance l.B.-2.B.-2.C. (three fifths vote required). The proposed ordinance includes an option to make it an urgency ordinance (four fifths vote required) if it determines facts exist that justify the urgency creation of the department. The Council would need to create the positIon as unclassified in an ordinance approved by a four fifths vote and find that it is a management level position. Staff would suggest that such a position be included in the Mid-Management group at a salary range equivalent to that of the Senior Management Assistant classification. \4 ~~ PAGE 7, ITEM: MEETING DATE: 09/17/91 11./ Since the person currently filling the Senior Management Assistant position is doing so on a temporary basis and there are current vacancies in other positions to which both that person and the previous incumbent can be transferred, this alternative could be implemented after the completion of whatever recruitment and selection process the Council deems appropriate. Should Council decide on this alternative, Resolution LB. would amend the FY 1991-92 budget to eliminate the Senior Management Assistant position in the City Manager's Office and establish the position of Assistant to the Mayor in the Office of Mayor and City Council, and transfer the necessary funds (approximately $47,700 for the remainder of this fiscal year) in employee services accounts from the City Manager's Office to the Office of Mayor and City Council. Resolution 1.B. also adds this position to the Middle Management group and establishes its salary range at the same level as that of Senior Management Assistant. (This resolution requires a four fifths vote.) Ordinance LB. creates this position as an unclassified management level position (four fifths vote required). The proposed ordinance includes an option to make it an urgency ordinance (four fifths vote also required) if the Council determines facts exist that justify urgency creation of the position. Depending on Council's determination regarding additional part-time positions, Resolution LB. and Ordinance LB. could be changed to retitle the position as Assistant to the Mayor and City Council instead of Assistant to the Mayor. If the Council decides to implement this alternative and approves both Resolution LB. and Ordinance LB., the Council could conduct whatever recruitment and selection process it deems appropriate and proceed to appoint the Assistant. If the Council approves Resolution LB. but does not approve Ordinance LB., the Assistant position would be placed in the classified service and the recruitment and selection process would need to be conducted in accordance with standard civil service rules. In either case, the City Council would need to make the appointment by a three fifths vote. The advantages of this alternative include: (1) it provides more direct control of the position by the Mayor and City Council; and (2) there would be more flexibility in hiring and firing an unclassified employee than a classified civil service employee. The disadvantages of this alternative include: (1) it creates a multiple boss situation with the position being supervised by the Mayor but hired ,~..1 PAGE 8, ITEM: MEETING DATE: 09/17/91 14 and fired by all five members of the City Council; (2) it makes communication and coordination with the City Manager's Office and City departments less of a priority for the Assistant; and (3) it separates the Assistant from the professional management assistant classification series and thus provides no career ladder and inhibits job rotation opportunities. Resolution 1.B. also provides an option that would make the City Manager the appointing authority for the position. 1.C. Contract Position The third alternative regarding the full-time professional position would be to eliminate the Senior Management Assistant position currently budgeted in the City Manager's Office to provide assistance to the Mayor and City Council and replace it with a contract position budgeted in the Office of Mayor and City Council. The contract position could provide assistance to the entire City Councilor just to the Mayor, depending on how any additional part-time positions are structured. The position could use the office currently assigned to the Senior Management Assistant and the contractual responsibilities could be virtually the same as those in the previous two alternatives. The annual contract amount would probably be limited to a maximum of $60,330, the maximum salary and benefit cost of a Senior Management Assistant position. A contract position would not receive benefits such as PERS retirement or health insurance contributions. The consultant selection procedures provided in Section 2.56.230 of the Municipal Code specify the process that would need to be followed to select and award a contract to such an independent contractor, unless those procedures were waived. If such a contract were for the full-time or almost full-time services of an independent contractor, the procedures for contracts estimated to cost more than $25,000 would apply. These procedures include: the appointment of a three or five member Selection Committee by the City Manager (which could include members of the City Council), personal interviews by the Selection Committee of at least three potential contractors with a ranking of the interviewees sent to the responsible department head, the department head attempting to negotiate a contract with the highest ranked interviewee, and award of the contract by a three fifths vote of the City Council. Such a contract would also be terminated by a three fifths vote of the Council. Should Council decide on this alternative, Resolution 1.C. would amend the FY 1991-92 budget to eliminate the Senior Management Assistant \l\-% PAGE 9, ITEM: J 4 MEETING DATE: 09/17/91 position and transfer the necessary funds (maximum of approximately $47,700 for the remainder of the fiscal year) from employee services accounts in the City Manager's Office to professional services accounts within the Office of Mayor and City Council budget. This resolution requires a four fifths vote. The advantages and disadvantages of this alternative are essentially the same as for Alternative LB. (Unclassified Assistant to the Mayor Position) except that it has an additional disadvantage. In the attached memo, the City Attorney's Office advises against the use of a contract position to provide these types of services, rather than using an employee in either the Classified or Unclassified City Service. The primary concerns expressed in that memo regarding the use of a contract position include: (1) whether the type of services provided by the contract position and the nature of the position's work environment would qualify it for "independent contractor" status, and (2) the potential liability exposure the City might incur by using a contract position in this situation. While these concerns may not preclude the contract position alternative, staff would recommend against this alternative based on the advice of the City Attorney's office. All three of the alternatives presented above regarding the full-time professional position could be funded by the amount already budgeted for the Senior Management Assistant position. 2. ALTERNATIVES REGARDING PART-TIME COUNCIL ASSISTANTS This section presents three alternatives regarding part-time Council Assistants: (2.A.) no part-time Council Assistants; (2.B.) four quarter-time Council Assistants; and (2.C) five quarter-time Council Assistants. In all of these alternatives, it is assumed that the existing two clerical positions assigned to the Office of Mayor and City Council would continue to provide support to all five members of the Council. The role of the full-time professional position discussed above would vary in the three alternatives, as discussed below. As discussed previously, the resolutions for Alternatives 2.B. and 2.C. each provide an option regarding whether the positions are appointed by the Councilor by the City Manager. 2.A. No Part-Time Council Assistants In this alternative, the full-time professional position discussed in Section 1 would continue to provide assistance to all five members of the Council \'-\ .'\ PAGE 10, ITEM: I~ MEETING DATE: 09/17/91 and no part-time Council Assistants would be added. This alternative is thus a status quo alternative and would not require any further Council action or special funding techniques. It would not, however, provide additional assistance to the Council. 2.8. Four Quarter-Time Council Assistants In this alternative one full-time equivalent position would be added to the Office of Mayor and City Council in the form of four quarter-time Council Assistant positions. Each of these positions would be available to provide assistance to one of the four Councilmembers, and the full-time professional position would provide assistance to the Mayor. As discussed in the April 2, 1991 Council Agenda Statement, staff would suggest that such Council Assistant positions be unclassified part-time hourly employees. As long as they work fewer than 999 hours per fiscal year (about half time), employees in this status generally do not receive benefits (e.g. paid vacation, PERS retirement or health insurance) other than Medi-Care and Social Security or equivalent contributions. In order to provide flexibility to the four Councilmembers in terms of the level of support, education, and experience they expect of their Council Assistant, an annual cost range of about $5,000 to $9,000 per quarter-time Council Assistant would be suggested. This would be equivalent to rates of about $10 to $18 per hour for 8 to 10 hours of work per week. This could be accomplished by establishing a new classification series of Council Assistant I, II, and III with hourly rates respectively at the low, medium, and high levels of the above range. Staff would suggest that these classifications be included in the Unrepresented group; as part-time hourly employees they would by definition be unclassified positions. In the attached memo, the City Attorney's Office has concluded that each of these Council Assistants would need to be appointed (and terminated) by a three fifths vote of the City Council and they would all be supervised by the Mayor. The maximum cost of this alternative would be about $36,000 per year for four quarter-time Council Assistant III positions. In this alternative staff would suggest that each of the four Councilmembers be entitled to have one Council Assistant, at whichever of the three levels is appropriate for the Councilmember's needs, who can work up to 500 hours per fiscal year. For reasons discussed in the April 2, 1991 Agenda Statement, staff would suggest that the Council limit the number of Council Assistants to one per Councilmember. If any of the four Councilmembers (current or \'\ ~ 1 0 PAGE 11, ITEM: N MEETING DATE: 09/17/91 future) decided not to have a Council Assistant, the cost of Council Assistants would be reduced accordingly. This alternative reflects staffs understanding of the referral made at the August 13, 1991 Council meeting. Should Council decide on this alternative, Resolution 2.8. would amend the FY 1991-92 budget to establish 1 full-time equivalent Council Assistant III position in the Office of Mayor and City Council and authorize each of the four Councilmembers to have the assistance of one Council Assistant for up to 500 hours per fiscal year, with partial years prorated. Resolution 2.8. also establishes the classifications of Council Assistant I, II, and III as unclassified part- time hourly classifications in the Unrepresented group, with hourly rates ranging from $10 to $18, and specifies that Council Assistants would be appointed by a three fifths vote of the Council. The resolution also amends the FY 1991-92 budget to transfer the necessary funds (approximately $28,500 for the remainder of this fiscal year) in employee services accounts from the Management Services Department to the Office of Mayor and City Council. (This funding from Management Services is discussed further below.) Resolution 2.8. requires a four fifths vote. As discussed previously, this alternative would also require that the Council establish the Department of the Office of Mayor and City Council by approving Ordinance 1.8.-2.8.-2.C. (three fifths vote required). That proposed ordinance includes an option to make it an urgency ordinance (four fifths vote required) if the Council determines facts exist that justify the urgency creation of the department. 2.C. FIVE QUARTER-TIME COUNCIL ASSISTANTS In this alternative 1.25 full time equivalent positions would be added to the Office of Mayor and City Council in the form of five quarter-time Council Assistant III positions. Each of these positions would be available to provide assistance to one of the five members of the City Council, including the Mayor. The full-time professional position would provide assistance to all five members of the Council, oversee office operations, and perhaps help coordinate the activities of the five quarter-time Assistants. The Assistants would perform the functions of constituent relations, representing Councilmembers at community meetings, possibly assisting in the development of policy proposals, and other related duties. As in Alternative 2.8., these Council Assistants would need to be appointed by a three fifths vote of the Council and they would all be supervised by the Mayor. \'\-11 PAGE 12, ITEM: ~ MEETING DATE: 09/17/91 The maximum cost of this alternative would be about $45,000 per year. Should Council decide on this alternative, Resolution 2oCo would amend the FY 1991-92 budget to establish 1.25 full time Council Assistant III positions in the Office of Mayor and City Council and authorize each of the five members of the Council to have the assistance of one Council Assistant for up to 500 hours per fiscal year, with partial years prorated. Resolution 2.C. also establishes the classifications of Council Assistant I, II, III as unclassified part-time hourly classifications in the Unrepresented group, with hourly rates ranging from $10 to $18, and specifies that Council Assistants would be appointed by a three fifths vote of the City Council. The resolution also amends the FY 1991-92 budget to transfer the necessary funds (approximately $35,600 for the remainder of this fiscal year) in employee services accounts from the Management Services Department to the Office of Mayor and City Council. Resolution 2.C. requires a four fifths vote. As discussed previously, this alternative would also require that the Council establish the Department of the Mayor and City Council by approving Ordinance 2oBo-3.B.-3.C. (three fifths vote required). The proposed ordinance includes an option to make it an urgency ordinance (four fifths vote required) if it determines facts exist that justify the urgency creation of the department. POTENTIAL FUNDING SOURCE FOR COUNCIL ASSISTANTS Alternative 2.A. above does not require any additional funding, but Alternative 2.B. requires up to $36,000 for a full year ($28,500 for the remainder of this fiscal year) and Alternative 2.C. requires up to $45,000 for a full year ($35,600 for the remainder of this fiscal year). In a separate report on the Council's September 17 agenda regarding the City's budget, staff is proposing to consolidate two positions in the Management Services Department into one position as an economy measure. The existing Deputy City Manager/Director of Management Services position and the currently vacant Information Systems Manager position are proposed to be consolidated into a new position of Director of Management and Information Services. The current Deputy City Manager/Director of Management Services would then fill the currently vacant Deputy City Manager position in the City Manager's Office. This proposal will eliminate one position in Management Services and reduce the salary level of the other. This proposal will save approximately $94,000 per year ($74,000 for the remainder of this fiscal year), and this reduction could be used to fund either Alternative 2.B. or 2.C. \L\-l"L PAGE 13, ITEM: ~ MEETING DATE: 09/17/91 OlliER ISSUES The April 4, 1991 Agenda Statement addressed the issue of physical location and facilities for Council Assistants as well as several role and coordination issues. That report suggested that no funds be allocated for furniture for part-time Council Assistants since it was assumed that they would use the current desks and furniture of the Councilmembers they assist. That report further suggested that the Council establish a Council subcommittee to work out in more detail with the City Manager the "role and coordination" issues described in that report. Depending on which alternatives presented in this report are selected by the Council, it may still be helpful to establish such a Council subcommittee to prepare a proposed Council policy regarding roles and coordination for consideration by the entire Council. As discussed in the April 4 report, it should be noted that Council assistants would essentially be subject to the same prohibitions that already apply to Councilmembers themselves. These prohibitions include participating or assisting in any improper political activities as set forth in Section 707 of the Charter or interfering with the City Manager or Department Heads in their performance of duties (Section 305 of the Charter). FISCAL IMPACf: As presented, alternatives LA., LB., 1.C., and 2.A. would have no fiscal impact on the City budget. Alternative 2.B. would cost up to $36,000 for a full year ($28,500 for the remainder of this fiscal year) and Alternative 2.C. would cost up to $45,000 for a full year ($35,600 for the remainder of this fiscal year). Proposed reductions in the Management Services Department could be used to offset those costs so there would be no net cost to the General Fund. A:CCASST7.DOC \ u...., I?:> /11/ ,1'/ Al terna te IB-2B-2C Ordinance ORDINANCE NO. ).J./, 1lJ AN ORDINANCE OF THE CITY OF CHULA VISTA CREATING THE DEPARTMENT OF THE OFFICE OF MAYOR AND CITY COUNCIL [AND DECLARING THE URGENCY THEREOF] WHEREAS, the Council desires to exercise its power under Charter Section 501 to create a department for itself so that it can be the appointing authority of personnel to be appointed to positions established in that new department to provide services to the individual Councilmembers and the Mayor; and WHEREAS, Charter establish the number and departments in the budget. Section 501 authorizes the Council to compensation of all positions in all NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I: A new Chapter 2.03 is hereby added to the Chula Vista Municipal Code to read as follows: CHAPTER 2.03 DEPARTMENT OF THE OFFICE OF MAYOR AND CITY COUNCIL. Sec. 2.03.010 Established-Purpose. There is hereby established, pursuant to Charter Section 501, the Department of the Office of Mayor and City Council, which shall have the responsibility for the provision of clerical, research, analytical, reporting and communications assistance to the Mayor and members of Ci ty Counci 1, acting as individual Counci Imember s' representatives or acting on their behalf by extension. Sec. 2.03.020 Director-Duties and Responsibilities. The Department of the Office of Mayor and City Council shall be under the direction of the Mayor and City Council collectively, which shall be the department head. The department head shall have the following duties and responsibilities: A. Collectively be the appointing power pursuant to Charter Section 507 with the power to appoint and remove such assistants, subordinates, and employees from positions provided by the City Council for the department pursuant to Charter Section 501. \L\-\~ -1- [SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption.] [SECTION IIA: urgency Ordinance. This ordinance is necessary to be adopted as an emergency measure for preserving the public peace, health, safety and general welfare. The facts constituting the necessity for such urgency are as follows: Services are currently being provided to the Mayor and City Council through a classified Senior Management Assistant position, which services will be no longer available to Council as of Wednesday, September 18, 1991 and it is extremely important that such services continue to be provided to the Mayor and City Council by the new staff created by other actions of the City Council concurrent with the adoption of this ordinance so that the services continue to be available without interruption.] Presented by Approved as to form by Jim Thomson, Deputy City Manager 9286a ~~~J:: Bruce M. Boogaar, J.ty Attorney ll.\-llo -2- Alternate IB Resolution RESOLUTION NO. 1& 3'1g; 19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1991-92 BUDGET AND RESOLUTION 15824 TO ELIMINATE ONE SENIOR MANAGEMENT ASSISTANT POSITION AND ADD ONE ASSISTANT TO THE MAYOR POSITION IN THE [CITY MANAGER'S OFFICE] [OR DEPARTMENT OF THE OFFICE OF MAYOR AND COUNCIL] AND ESTABLISHING ITS SALARY AND FRINGE BENEFITS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, it is desirable to establish a position which will provide clerical, research, analytical, reporting and communications services to the Mayor, acting as his representative or on his behalf by extension; and WHEREAS, by ordinance, the City Council has made the necessary finding that such a position meets the requirement of Charter Sections 500(a) and 70l(a)(2), (7) and (8), that the duties of the position constitute a new management level position and have created the position by ordinance by a four-fifths vote; and WHEREAS, it is necessary to establish the salary and fringe benefits appropriate for such position. [NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 1991-92 budget to add one full-time equivalent position of Assistant to the Mayor and delete one full-time equivalent position of Senior Management Assistant, both in the City Manager's office.] [NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 1991-92 budget to add one full-time equivalent posi tion of Assistant to the Mayor in the new Department of the Office of Mayor and Council and delete one full-time equivalent position of Senior Management Assistant, both in the City Manager's office.] BE IT FURTHER RESOLVED that the salary range for said position be $39,206 to $47,665, in five steps. BE IT FURTHER RESOLVED that Attachment 2 to Resolution No. 15824, being the Executive and Middle Management Fringe Benefit Schedule as amended to date, is further amended by adding the position of Assistant to the Mayor to the Middle Management Group in Section II.A. Presented by Approved as to form by ~~ Jim Thomson, Deputy City Manager 9280a Bruce M. Boogaard \4 -/1 J 14-18 Alternate lB Ordinance .J. tJ 'J, ,4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.05.010 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH THE POSITION OF ASSISTANT TO THE MAYOR IN THE UNCLASSIFIED SERVICE OF THE CITY OF CHULA VISTA WHEREAS, Charter Sections 500(a) and 701(a)(8) authorize the City Council to create new Management level positions in the Unclassified Service by an ordinance adopted by a four-fifths vote; and WHEREAS, it is des i rable to crea te a new Middle Management position of Assistant to the Mayor. NOW, THEREFORE, the Ci ty Counci 1 of the Ci ty of Chula Vista does ordain as follows: hereby found level. SECTION I: The City Council of the City of Chula Vista finds that the duties of the position are those typically in a management-level position at the Middle Management SECTION II: Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read: Sec. 2.05.010 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled deputy city manager, assistant to the city manager, assistant to the mayor, deputy city clerk, assistant fire chief, assistant director of planning, assistant director of finance, assistant director of personnel, city engineer, director of management services, redevelopment coordinator, housing coordinator, transit coordinator, assistant director of community development, deputy director of public works/city engineer, public information coordinator, traffic engineer, deputy director of public works/operations, budget manager, revenue manager, assistant director of management services, and assistant library director. SECTION III: This ordinance shall take effect and be in force on the thirtieth day from and after its adoption. Presented by Approved as to form by C1(Vl' Jim Thomson, Deputy City Manager 9281a Bruce M. \'i - l~ J,I./-2.0 Al terna te IC Resolution RESOLUTION NO. 1/,31/8'8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1991-92 BUDGET TO ELIMINATE A SENIOR MANAGEMENT ASSISTANT POSITION IN THE CITY MANAGER'S OFFICE AND TRANSFERRING $47,700 FROM THE CITY MANAGER'S OFFICE EMPLOYEE SERVICES ACCOUNT TO THE PROFESSIONAL SERVICES ACCOUNT IN THE OFFICE OF THE MAYOR AND COUNCIL The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Mayor through City Manager with the services of position currently it is desirable to have services provided to an agreement executed and administered by the an independent contractor instead of through the classified Senior Management Assistant providing those services; and WHEREAS, $47,700 from the services account Manager's office. it is necessary to amend the budget to transfer employee services account to the professional in order to fund such a contract in the City NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 1991-92 budget to delete a position in the City Manager's office of Senior Management Assistant. BE IT FURTHER RESOLVED that $47,700 transferred from the employee services account in Manager's office to the professional services account budget for the Office of Mayor and Council for the funding a contract with an independent contractor services to the Mayor. is hereby the City wi thin the purpose of to provide Presented by Approved as to form by Jim Thomson, Deputy City Manager ~L~ Bruce M. Boogaard, ,t Attorney 9282a \ Ii - J.-I I /J.I - 22-. Alternate 2B Resolution RESOLUTION NO. I/,Jlfg'C RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1991-92 BUDGET TO ADD ONE FULL TIME EQUIVALENT COUNCIL ASSISTANT I, II OR III POSITION IN THE [CITY MANAGER'S OFFICE] [OR DEPARTMENT OF THE OFFICE OF MAYOR AND COUNCIL] TO PROVIDE ASSISTANCE TO THE COUNCIL AND TRANSFERRING FUND THEREFOR The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, it is desirable to have part-time positions in the Unclassified services to the four Councilmembers of a analytical reporting and communications representative of individual Councilmembers behalf in extension; and four one-quarter time Service to provide clerical research, nature acting as or acting on their WHEREAS, it is necessary to amend the Fiscal Year 1991-92 Fiscal Year Budget to provide for the existence of said positions and transfer the funds needed for their salaries. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 1991-92 budget to add one full-time equivalent position of Council Assistant I, II, or III consisting of four one-quarter part-time unclassified positions in the [City Manager's office] [or Department of the Office of Mayor and Council] to provide services to the four Councilmembers. BE IT FURTHER RESOLVED that the Director of Personnel is directed to prepare job specifications for Council Assistant I, II, and III to differentiate and justify salary rates of Council Assistant I to III from $10 to $18 per hour in five-step increments for each class; and that such positions may not serve more than 500 hours per fiscal year (with partial years prorated); and that each Councilperson (other than the Mayor) is only authorized one such position. [BE amended by Department Account} in IT FURTHER RESOLVED that the transferring $28,500 from the to the City Manager's office order to provide the salaries for 1991-92 budget is Management Services (Employee Services said positions.] [BE IT FURTHER RESOLVED that the 1991-92 budget is amended by transferring $28,500 from Employee Services Account in the Management Services Department to the Employee Services Account in the new Department of the Office of Manager and Council to provide the salaries for said positions.] Presented by Approved as to form by Jim Thomson, Deputy City Manager 9283a ({yVl~.~ ~a(>1 Bruce M. Boogaard, 1 y Attorney \,\~')31 '~-:J.~ Alternate 2C Resolution RESOLUTION NO. / /, J '~]) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1991-92 BUDGET TO ADD 1.25 FULL TIME EQUIVALENT COUNCIL ASSISTANT I, II OR III POSITIONS IN THE [CITY MANAGER'S OFFICE] [OR DEPARTMENT OF THE OFF ICE" OF MAYOR AND COUNCIL] TO PROVIDE ASSISTANCE TO THE COUNCIL AND TRANSFERRING FUND THEREFOR The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, it is desirable to have five one-quarter time part-time positions in the Unclassified Services to provide services to the Mayor and the four Councilmembers of a clerical, research, analytical, reporting and communications nature acting as representative of individual Councilmembers or acting on their behalf in extension; and WHEREAS, it is necessary to amend the Fiscal 1991-92 Fiscal Year Budget to provide for the existence of positions and transfer the funds needed for their salaries. Year said NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 1991-92 budget to add 1.25 full-time equivalent positions of Council Assistant I, II or III consisting of five one-quarter part-time unclassified positions in the [City Manager's office] [or the new Department of the Office of Mayor and Council] to provide services to the Mayor and the four Councilmembers. BE IT FURTHER RESOLVED that the Director of Personnel is directed to prepare job specifications for Council Assistant I, II, and III to differentiate and justify salary rates of Council Assistant I to III from $10 to $18 per hour in five-step increments for each class; and that such positions may not serve more than 500 hours per fiscal year (with partial years prorated); and that each Councilperson and the Mayor is only authorized one such position. [BE IT FURTHER RESOLVED that the 1991-92 budget for the is amended by transferring $35,600 from the Management Services Department to the City Manager's office (Employee Services Account) in order to provide the salaries for said positions.] [BE IT FURTHER RESOLVED that the 1991-92 budget is amended by transferring $35,600 from Employee Services Account in the Management Services Department to the Employee Services Account in the new Department of the Office of Manager and Council to provide the salaries for said positions.] Presented by Approved as to form by Attorney J~m Thomson, Deputy City Manager 9285a September 12, 1991 TO: The Honorable Mayor and City Council VIA: FROM: John D. Goss, City Manager'(_ Shauna Stokes, Principal Management Assistant IV? SUBJECT: Staffing for City Council In order to evaluate the City Council's request for additional Council staffing, it is necessary to review the existing duties of the existing staff and potential future duties of existing or new staff. Existina Budaeted Staff Senior Management Assistant Secretary to the Mayor and Council Administrative Office Assistant III Existina Duties of Staff 1. Opening, sorting and distributing of incoming mail, and sending out outgoing mai 1. 2. Greeting and screening of visitors. 3. Photocopying of documents. 4. Answering of telephone, taking messages and directing calls to appropriate parties. 5. Typing of correspondence, proclamations and certificates. 6. Mailing of invitations for special meetings and events and legislative correspondence. 7. Preparation of weekly invitation lists for the Mayor and Council, and handling of the RSVP's. 8. Organization and maintenance of the Council files. g. Setting up and coordination of special meetings/events. 10. Handling of appointments for the Mayor and Council. 11. Maintenance of the Boards and Commissions application/appointment information. 12. Development and maintenance of Council Library. 13. Gathering of materials and background information for Council in making presentations. . 14. Overseeing of the use of computer equipment and other office systems. 15. Preparation of Council budget and monitoring of expenditures. 16. Preparation of correspondence for Council. 17. Supervision of secretarial staff and overseeing of office organization and procedures. I~ -~1 -2- The Honorable Mayor and City Council September 12, 1991 18. Responding to citizen calls or correspondence. 19. Coordination and communication between the offices of the Mayor/City Council, the City Manager and the public. 20. Coordination with appropriate City staff regarding the status of Council referrals or projects. 21. Attendance at meetings with the Mayor and/or Council members; provlslon of follow-up and support and background information; and preparation of summary notices. 22. Coordination with City staff in responding to citizen complaints or inquiries. Potential Future Duties 23. Research of background information for, or preparation of, reports/studies. 24. Attendance at meetings on Council's behalf. 25. Attendance at or staffing of special task forces/community groups. In reviewing these duties, it becomes apparent that a majority of the tasks are oriented to the secretarial and office managerial area (Items 1-17). In view of this situation, consideration should be given to shifting responsibilities of the existing staff members to better suit their classifications and serve the Council more effectively. The Secretary to the Mayor and Council acts as the de facto Office Manager, given the high level of job responsibility and duties currently entrusted to her. The Administrative Office Assistant can certainly undertake more of the secretarial functions. The Senior Management Assistant position has functioned as the Office Manager and, as a result, has tended to be viewed as more of a clerical rather than professional position. Duties carried out by this position could be transferred to a new position of Council Assistant, budgeted at the Administrative Assistant/Management Assistant I or II level (Items 18-23), and to the Secretary to the Mayor and Council (Items 11-17). The Senior Management Assistant position could then be eliminated in favor of adding the Council Assistant and part-time Administrative Office Assistant II. A part-time Administrative Office Assistant II could be added to Council's staff to perform duties listed in Items 1-4, freeing up the other two secretarial positions to do more direct work for Council (Items 5-17). Other staff from the City Manager's Office could then be responsible for staffing task forces and attending certain meetings on Council's behalf. Management Assistant positions are better suited to administrative duties. The type of work required by Council in its office is geared toward office management, secretarial and constituent assistance as found in other legislative offices. SS:mab shauna I u.. -~'i / pi - #1{ SUPPLEMENTAL BUDGET MEMO udL COUNCIL REFERRAL # 2305 May 13, 1991 TO: The Honorable Mayor and City Council FROM: John D. Goss, City Managerfj ;/ f Jim Thomson, Deputy City Manager (j VIA: SUBJECT: Potential Approaches to Council Staffing At its April 2, 1991 meeting, the City Council considered the attached report on Potential Approaches to Council Staffing. At that meeting, the Council decided to defer consideration of the report until the Council's budget deliberations. This supplemental budget report therefore transmits the April 2 agenda statement for further Council consideration either during the regular budget deliberations or after the implications of the State's budget reductions on the City's budget are better known. Attachment IT /kt C:SBM \ \.\. ~ 2- " COUNCIL AGENDA STATEMENT ITEM:: ~.3 MEETING DATE: 4/02/91 TITI.E: Report on Potential Approaches to Council Staffing SUBMITfED BY: City Manage~ (4/5ths Vote: Yes_NolO At the Januaty 24, 1991 Council Goal-Setting meeting, the Council discussed the attached report dated January 18, 1991 regarding City Council staffing. Pages 3-5 of the report highlighted four general options regarding Council staffing. At the meeting, some Council interest was expressed in both options 2 & 4, with the most interest in option #4 (which is described further below). There was a desire for staff to return with a more in depth report which this A-113 is designed to accomplish. Several Councilmembers requested that the City Manager review the City budget to identify potential methods for funding Council staffing without any increase in the net City budget. There was also Council interest expressed in forming a Council Subcommittee to further review and refine the Council staffing issue, but the Council decided not to form a Council Subcommittee on this subject, at least not until after the Council had considered a staff report further describing methods of implementing Council staffing and providing funding therefore. This report is intended to provide the follow-up information requested at the January 24 Council meeting and to provide a structure for further Council discussion and policy direction regarding Council staffing. RECOMMENDATION: That Council: 1. Discuss the alternative methods described in this report for implementing Council staffing and provide further policy direction to staff (a general guide on how to implement this is contained in the Summary section of this report). 2_ Determine whether the Council wishes to form a Council Subcommittee to further review issues related to Council staffing. BOARD/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: As indicated above, at the Januaty 24 meeting the Council expressed the most interest in option #4 on page 5 of the attached report. This option would add the equivalent of two full-time assistants to support the Council work effort. This would probably be in the form of providing the equivalent of a half-time person to support each of the four Councilmembers, with the existing Senior Management Assistant position providing support to the Mayor and helping coordinate the activities of the four part-time assistants to try to avoid duplication of effort. Alternatively, there could be two full-time positions that would ?>~~I- l Y: ... !> I PAGE 2, ITEM: 33 MEETING DATE: 4/02191 support the four Councilmembers with each Councilmember entitled to half of the time of one of these two full-time assistants. The remainder of this report is based on the assumption that Council is interested in pursuing the four part-time assistants as the preferred approach to implementing option #4. In terms of the type of support that Council assistants would provide to individual Councilmembers, it is presumed that most of the effort would be in the areas of constituent and community relations and policy development and review. The constituent and community relations category would include such activities as responding to citizen inquiries and complaints, attending meetings of various community groups on behalf of a Councilmember, and assisting with special community events. The policy development and review category would include information gathering, research, and helping formulate proposals from a Councilmember for consideration by the entire City Council. The Council assistants would also help coordinate requests for information from Councilmembers to the City Manager's office and other City staff. The remainder of this report addresses the following four issues: 1. Employee status and method of selection 2. Ongoing cost and how to pay for assistants 3. Physical location and initial facilities 4. Role and coordination issues 1. EMPLOYEE STATUS AND METHOD OF SELECTION In order to provide maximum flexibility, particularly in the scheduling of hours for Council assistants, and to help minimize their cost, it would probably be most appropriate to have the Council assistants as unclassified part-time hourly employees. As long as they work fewer than 999 hours per fiscal year, employees in this status generally do not receive benefits (e.g. paid vacation, PERS retirement or health insurance) other than Medi-Care and (starting July 1) Social Security contributions. There is some ambiguity in the City Charter regarding whether the Council can appoint employees (in addition to the Secretary to the Mayor and Council) within the Office of Mayor and City Council or whether the City Manager must make such appointments. The City Attorney's Office is further reviewing this legal issue, but even if the City Manager is required to make such appointments the involvement of the Councilmember to be supported by an assistant would certainly be sought in selecting and evaluating the assistant. l4- ~2- ~!>.L. PAGE 3, ITEM: ~ MEETING DATE: 4/02/91 If the City Attorney's Office detenrunes that the City Charter does not require that the City Manager appoint the Council assistants, the City Manager's staff could assist in recruiting and/or screening candidates if the Council so desires. The positions could be advertised and the applications screened, with the better qualified candidates interviewed by the City Manager's staff and the resulting top three to five candidates provided to the Councilmembers for final evaluation. To make this approach workable, however, the individual Councilmembers would need to inform the City Manager's office of their needs in terms of scheduling the assistant's hours of work (such as evenings or weekends) and in terms of skills that are particularly important to meet an individual Councilmember's support needs. This type of assistance in the selection process is entirely optional, however, for unclassified part-time hourly employees, and it might be more efficient for the Councilmembers to conduct their own selection process. It should be noted, however, that the City Attorney's Office advises that the entire City Council would need to appoint the assistants, not individual Councilmembers. 2. ONGOING COST AND HOW TO PAY FOR ASSISTANTS The cost of the Council assistants could vary, depending upon the level of support, education, and experience expected of them. For purposes of discussion, however, it is assumed that the cost of each part-time assistant would be in the range of $10,000 - $18,000 (including Medi-Care and Social Security contributions equal to 7.65% of salary) per year for up to 999 hours of work] For four assistants, the total cost is thus estimated to be between $40,000 and $72,000 per year. If a current or future Councilmember decides not to have a Council assistant, this would reduce the cost of Council staffing accordingly. As Council requested, staff has prepared a list of several alternatives to cover all or part of the cost of Council assistants so that these positions would not have an adverse impact on the General Fund. Those alternatives are described below. The first two alternatives involve cost reductions that are either already in progress or are already planned: A. The phase out of the payments to the Bonita/Sunnyside Fire Protection District for automatic aid. 'The City of Irvine, for example, allocates $18,000 per Councilmember for staff assistance. \4~~3 ~!I ' 3- PAGE 4, ITEM: ~ MEETING DATE: 4/02191 In November 1989 the City and the Bonita/Sunnyside Fire Protection District agreed to phase out the payments the City had previously made to the District for automatic aid response. Under this phase out program, the FY 1988-89 payments to the District of over $50,000 were reduced to $35,000 in FY 89-90, to $20,000 in FY 90-91, to $5,000 in FY 91-92, and will be eliminated in FY 92-93. When this phase out is complete, the annual savings to the City will be over $50,000. As indicated above, $15,000 of this reduction is thus occurring in the current fiscal year, and an additional $15,000 will be saved next fiscal year. B. Elimination of the fourth Battalion Chief position in the Fire Department. When the Montgomery area annexed to the City, the City absorbed the Montgomery Fire Protection District staff, including its Chief as a fourth Battalion Chief in the Chula Vista Fire Department. When he retires at the end of December, 1991, staff is proposing that the fourth Battalion Chief position be eliminated. This will result in a savings of approximately $42,500 for the last half of FY 1991-92, and $85,000 for each full-year after the position is eliminated. Potential reimbursements to the General Fund from other funding sources could also reduce or eliminate the net cost of Council assistants: C. Reimbursements from non-General Fund sources. Although it is difficult to accurately project the level of reimbursements until the cost and actual work of the Council assistants are better defined, it is likely that a minimum of $10,000 of the cost of Council assistants could be reimbursed to the General Fund from such sources as the Redevelopment Agency, Sewer, and Transit funds. The following is a potential further cost reduction that could be considered in order to help fund the cost of the Council assistants: D. Reduction or elimination of Council Contingency Fund. For each of the last several years there has been $30,000 of General Fund money and $20,000 of Redevelopment Agency funds appropriated as a Council Contingency Fund. Focussing on just the $30,000 in the General Fund Council Contingency Fund, the following amounts have been spent in recent years: $8,300 in FY 1987-88, $27,000 in FY 1988-89, $18,000 in FY 1989-90, and $6,100 so far in FY 1990-91. 1'-\-34 ~$-'1 PAGE 5, ITEM: ~ MEETING DATE: 4/02/91 Reducing the General Fund part of the Council Contingency Fund from $30,000 to $15,000, in conjunction with the savings and reimbursements described above in A, B, and C, more than covers the estimated cost of the Council assistants. Obviously, retaining the Contingency Fund at its current level, there still would be adequate savings/revenues to cover this staffing cost. In addition to the above items, staff has identified the following two items that are not recommended at this point but that are potential alternatives Council might want to consider: E. Elimination of part or all of one full-time equivalent Clerical Aide in the Library Circulation staff. With the implementation of the new automated circulation system later in April and the merger of the formerly separate audio-visual circulation staff with the main circulation staff, staff expects there to be some efficiencies that might allow the reduction of one full-time equivalent position. On the other hand, Library staff predict that certain features of the new automated system may result in higher volumes of circulation and thus increased circulation workload. While Library staff would prefer to have an opportunity to evaluate both the potential efficiencies and the potential circulation increase resulting from these changes before determining whether a position could be eliminated, this is nonetheless a possible area of reduction. The e1imination of one full-time equivalent Clerical Aide would save about $14,800 per year. F. Elimination of a Gardener I position in Parks & Recreation Department. Depending on the water conservation efforts that are implemented, there may be less need for park maintenance staff. The elimination of a Gardener I position would save approximately $32,500 per year. 3. PHYSICAL LOCATION AND INITIAL FACILITIES There are three general approaches staff has identified for the physical location of the Council assistants. The first approach would simply be to have the Council assistants share the existing desk of the Councilmember the assistant would be supporting. The second alternative would be to create a separate work area for the assistants in the back of the Council Conference Room. This could be in the form of four separate work areas or a common work area shared by the assistants. This alternative would require additional furniture but would avoid what may be the congestion of having the Council assistants share the Councilmember's desks. Using the area at the back of the Council Conference Room for work areas for Council assistants would, however, interfere with the seating area when the City Council, Redevelopment Agency or Board/Commission meetings are held in 14-~S ~~ ~ , PAGE 6, ITEM: ~ MEETING DATE: 4/02/91 the Council Conference Room unless only a very small amount of work space is provided for the Council assistants. There are usually 3-4 meetings per month held in the Council Conference Room that include an audience. Council may want to consider moving some of these meetings to the Council Chambers, particularly since at a number of Council and Agency meetings held in the last few years the Council Conference Room has not been large enough to provide seating for everyone who wanted to attend the meetings. The third alternative would be to add some additional office space onto the northwest end of City Hall. The type of remodeling that would be appropriate would need to be further reviewed if Council wished to proceed with this approach, but the cost would probably be in the general range of $30,000 - $45,000. In addition to determining the physical location of the Council assistants, appropriate furniture and equipment would need to be determined. This could include desks, tables, chairs, guest chairs, telephones, and possibly a microcomputer shared by the Council assistants. Depending upon the degree to which furniture is shared and the equipment that is included, the cost for furniture and equipment could range from no cost (if the assistants simply shared the desks of the Councilmembers) up to about $10,000 (if each assistant had their own chair, desk, guest chair, and telephone with a shared computer and printer). 4. ROLE AND COORDINATION ISSUES If the City Council decides to utilize Council assistants, there are a number of role and coordination issues which need to be addressed. These issues have been developed after conversations with staff in other small to medium sized cities which have Council staff. Those issues include the following: A. There would need to be coordination among the Council assistants, particularly in tenns of responding to the same routine citizen inquiry or complaint. Without such coordination, a citizen who wrote a letter to each Councilmember might receive four or five different responses, potentially creating confusion for the citizen receiving the responses. In addition, several different Council assistants might be contacting City staff to obtain the information necessary to respond to the citizen letter. To avoid both the potential for confusion and the potential for duplication of effort, some coordination among the Council assistants would be helpful. Such coordination could be one of the responsibilities of the existing Senior Management Assistant position. It should be recognized, however, that this coordination would not preclude individual Councilmember responses on non routine issues. This could be appropriate in relation to responses regarding a particular policy or issue where there is a difference in position among members of the Council. 14'3~ ~~-\p PAGE 7, ITEM: ~3 MEETING DATE: 4/02191 B. Another issue involves the number of Council assistants. A Councilrnember could conceivably want to hire several assistants like graduate students for a few hours each week within the amount of money allocated. The more people involved, however, the greater the likelihood of confusion, miscommunication, and duplication of effort. In one City, for example, each Councilmember had $18,000 per member for part-time staff. At one time they collectively had 17 part-time assistants involved. It reached the point where even each Councilrnember could not keep up with who was working for whom (they called them "Gremlins") and they initiated a policy of only one part-time assistant per Councilmember. Staff would also suggest that the Councillirnit the number of Council assistants to one per Councilmember. C. The Council assistants would be prohibited from participating or assisting in any improper political activities as set forth in Section 707 of the City Charter. Similarly, the Council assistants would be subject to the prohibited acts listed in Section 305 of the City Charter relating to interference with the City Manager or Department Heads in their performance of duties. The Council assistants would essentially be subject to the same prohibitions as already apply to Councilrnembers themselves. These Charter prohibitions include: (1) not using official influence to aid any partisan political activity or solicit political contributions; (2) not using any office or position with the City in support or opposition to candidates for Mayor or City Council; (3) not attempting to unduly influence the City Manager or department heads in the performance of their duties; and (4) not performing any administrative or executive functions except those authorized by the Charter or by ordinance; and (5) except for purposes of inquiry, not dealing with that part of the administrative service for which the City Manager is responsible except through the City Manager (or his designee). D. If a Councilrnember does not use his/her assistant to the extent authorized, the Council may want to authorize the City Manager's office to assign projects to them on a time available basis, with the Councilmember's support always coming first. If such assignments were appropriate, the Senior Management Assistant could help coordinate them. In one City surveyed for example, this was found useful to achieve maximum productivity from all of the staff aides. 1\.\-31 ~~ - '1- PAGE 8, ITEM: ;3 MEETING DATE: 4/02/91 The above issues are highlighted based on comments provided by other cities contacted that have more experience with Council assistants. They are mentioned so that the structure of Council staff support can be made to work as smoothly, effectively, and efficiently as possible. SUMMARY It would appear that the general Council objective expressed at your January 24 meeting could be accomplished by: 1. Creating four unclassified part-time hourly positions in the Mayor/Council Office this current fiscal year to be funded out of the Council Contingency Fund and/or salary savings, and directing that $40,000 be placed in next year's Mayor/Council budget for this purpose, with at least an equal amount of money removed from other parts of the City budget so that there will not be a negative impact on the overall City budget. 2. Allocate no funds for furniture, since it is assumed that the staff will use current desks and furniture in the conduct of their duties. 3. Establish a Council subcommittee to work out in more detail with the City Manager the "role and coordination" issues described in this report. FISCAL IMPACf: As described in more detail in the Discussion section of this agenda statement, the cost of implementing Council staffing would vary, depending upon the level of support, education, and experience expected. For four part-time assistants, the total cost is estimated to be between $40,000 - $72,000 per year. Office space, furniture, and equipment needs could also require one-time funding, depending on Council's policy direction regarding facilities needs. A number of alternatives are discussed in the report that would cover all of these costs. \ 4 - 38 ~~..i January 18, 1991 TO: FROM: SUBJECT: The Honorable Mayor and City Council John D. Goss, City Mana~' City Council Staffing At the City Council meeting of Thursday, January 24, 1991, you will be discussing goals and objectives for the City in the coming year in an effort to determine if there are any changes of priorities, projects to be added or dropped, etc. It was also indicated that there was desire to discuss at this meeting the needs of the City Council regarding staff support. By way of a separate memo, you will receive a list of current major projects for Council rev:iew, deliberation and feedback as to the relative importance and priority of these projects. The purpose of this memo is to discuss the support staffing needs of the City Council. The City Council authorized in 1986-87 a Senior Management Assistant position in the City Manager's Office to provide, in addition to clerical assistance1. full-time staff support for the Mayor and members of the City Council. The reason for this position was that the workload in the Mayor/Council Office had increased because of the establishment of a full-time Mayor's position in 1982, the increased size of the City as a result of the Montgomery annexation in late 1985, a number of pending complex development proposals, and more of an emphasis on intergovernmental relations on the part of Chula Vista. Since the creation of the Senior Management Assistant position, Chula Vista's population has increased from 123,667 to 134,000. and the level of activity of the City has increased with a number of new major projects bein9 added to the old ones. It is difficult for staff to project what the support needs of the individual members of the City Councilor the City Council collectively might be without some input from the Council on these needs. The purpose of this report is to basically provide some staffing options that would be available to the City Council if there is a desire to increase the current staffing level. In determining what your support needs may be, it may hinge on how you might answer the following questions (and possibly some other questions as well.) lIn addition to the Mayor-Council secretary. a 1/2 position was added mid-year 1984-85, and that position was made full-time in 1989-90. 14~31 ~~-~ -2- 1. . How active have you and will you be as a City Councilmember? Also, what role does a Councilmember now fulfill politically. Historically, it appears that the role of a Councilmember in Chula Vista has been to interact with citizens, either face-to-face, by telephone, or by letter, attend community meetings, review staff reports, make policy decisions at City Council and Redevelopment Agency meetings and give 'policy direction for the growth and operation of the City. In a few other cities, however, Councilmembers are becoming more politically active. In a few cities our size, for example, Councilmembers have either a part-time or full-time aide to help further political initiatives of that Councilmember, review staff reports and either underline pertinent parts 'or prepare summaries, and interact with the staff or public on behalf of the Councilmembers. These two descriptions of the traditional method in which City , Councilmembers have proceeded in Chula Vista and the method utilized in some other communities, are not designed to be complete or comprehensive but only to give a couple of illus~rative scenarios that might help you assess your answer to the question as to how active the Council job is . now, and what political style might be utilized in performing the City Councilmember role. 2. Also, is the existing level of support of Senior Management Assistant and . two clerical staff sufficient and, if it is not, whether or not existing staff should be further utilized to provide further support to the Council or whether or not additional collective or individual support for Councilmembers is necessary. BACKGROUND In order to provide a range of options and to gain a better understanding of what the practice is in other communities, I attended a session at the Annual league of California Cities Conference in October 1990 entitled, "Large City Session: Elected Officials Staff Forum." The purpose of attending this meeting was to learn what some other cities might do by way of having staff supporting elected officials. The largest city represented was the.City of Los Angeles, specifically Councilmember Joy Picus, who is elected by . district. It was indicated that she has 12-14 staff people plus 2 clerical individuals to basically handle the functions of constituent relations and policy analysis. The City of San Jose (765,207), which was the largest Council-Manager city represented in the session, has 2 contract employees per Councilmember. The next largest was the City of Santa Ana (287,983), which has 2 staff people for their 7 member Council. One apparently handles constituent relations, while the other does research on policy development. These employees are part of the City Manager's Office that provide support to the Mayor and Council. Finally, the City of Hayward (population 106,000) has one full-time person that works with the City Manager supporting the Mayor and the Council Office. That person is responsible for constituent relations, policy analysis, research, employee newsletter, and administering the cable t.v. and garbage franchises. '4~qD ~~ -(I:;> -3- In terms of comparable practice throughout the State, it is very clear that very large cities, such as San Diego, Los Angeles, San Francisco, San Jose, and Long Beach, have 1 or more staff people to support each Councilmember. For medium size cities in Chula Vista's population range (75,000-150,000 population), of which there are approximately 50, most cities do not have individual Council aides, although there are exceptions to this, including the cities of Berkeley, Santa Monica, Irvine, West Hollywood and Oceanside. Locally, in comparing the third and fourth largest cities in San Diego County, namely Oceanside and Escondido, one finds two different approaches toward providing staff assistance to Council. In Escondido, there was a proposal to add staff aides to support individual Councilmembers. But, apparently because of adverse public criticism, the City Council backed away from that position and receives support from staff in the City Manager's Office on projects in which the Council has interest, such as recycling and construction of an arts center. In Oceanside, on the other hand, approximately three years ago the City Council established a full-time aide for each member of the City Council. Their responsibilities included arranging for celebrations and special events, attending meetings for City Councilmembers, and generally handling constituent relations. These aides are supervised by the City Manager's Office. It is difficult to judge the level of activity of each City, or the effectiveness of the two City Councils, but both cities seem to be very active, there is a general perception, although maybe not an accurate one, that the Oceanside City Council is a little more politically oriented than Escondido. OPTIONS In terms of options for the Council, there are probably an infinite number of combinations that would be possible depending on the Council's perceived need for additional support. It should be made clear that the City Manager and his staff stands ready to work with any configuration of support Council desires. It is clear in the Council-Manager form of government that the City Manager and his staff (and this also applies to the City Attorney and the City Clerk) are available to provide needed support to the Mayor and the City Councfl. . This is our job and our responsibility which we stand ready to perform. The question is what form that support is going to take. There appear to be at least four options that could be suggested. These are as follows: 1. : Maintain the status quo, which is one Senior Management Assistant plus two , . clerical staff.2 The disadvantage to this option is that if your current needs for Council support are not being met, then you cannot adequately , fulfill your role as a Councilmember. lA refinement to this would be to better use the existing resources of staff in Administration and other support services. Option #2 is one, but only one form that this could take. 14-LlJ ~ . . -4- 2. Another option would be to maintain the existing staff in the Mayor/Council Offices and then assign a currently employed Management Assistant elsewhere in the City to each Councilmember to provide support to them in terms of constituent relations and research for policy and issues. Currently, the City has Management Assistants in Administration (3), and one each in Police, Public Works, and Parks & Recreation. Each person would continue to do their current job, but four of this number would be a direct contact person for each Councilmember in addition to these regular duties, to provide staff support as needed. This would obviously have to be coordinated through a Deputy City Manager to provide continuity and coordination. The advantage of this alternative is that there would be no increase in payroll and each Councilmember would have an individual staff person to assist them on a part-time basis on constituent relations and policy development. The disadvantages to this option are that the individual staff people are : spread throughout the Civic Center complex, may not be immediately accessible to the Councilmember, and it may hurt their current work effort. If this option is pursued, it probably should be pursued on a trial basis to determine if the disadvantages just cited would really be problems. It may be that each of those disadvantages could be mitigated depending on the individual involved and the needs of the individual Counci 1 member. 3. Another option would be to add a second full-time professional staff position to provide support to the City Council. It appears that the basic duties of support staff for most Councils in other cities involves constituent relations, including response to complaints, phone calls, preparation of letters, resolutions and proclamationsj assisting with special community eventsj performing researchj and assisting a Councilmember in developing policy initiatives. This would basically parallel the support structure provided by the City of Santa Ana where one staff person is responsible for constituent relations and the second staff person is responsible for research and policy development. The advantage of this proposal is that it not only would increase the amount of Council support and alleviate Council workload, but would also provide a better focus on the basic functions of Council support staff than is- currently . the case and probably would provide a better division of responsibility between constituent relations and policy development functions. It probably would provide for better coordination of responses to constituent letters and would be less expensive than the next alternative. The disadvantage, however, is that it is more expensive than the first two alternatives and each Councilmember would not have their own person to support their work as a Councilmember, and therefore may not meet Councilmembers' individual needs for support. 14- - I./L ~ -5- 4. The next option would be to add the equivalent of two more full time staff to support the Council work effort. This could be in the form of a half-time person to support each member of the Council (the Senior Management Assistant would still support the Mayor), or there could be two .. full time positions that would support the remaining four members of the Council. The advantage to this option is that each Councilmember could have their own person to help support their work effort and to be able to individualize the response to constituent relations and policy development initiatives compared to the current level of support. The disadvantages are that this option would be more costly than the other options (at least Options 11 and 2) and, depending upon the level and number of staff and the overall guidelines provided such staff, there could be, as has been the experience of other cities, some coordination and communication issues that would need to be resolved. There are obviously other options such as some combination of the above options, using the equivalent resources of a Senior Management Assistant position for presumably five part-time contractual employees, providing a full-time staff person for each Councilmember or providing a part-time person to each Councilmember at their option. But regardless of the option selection, the City Manager stands ready to provide support for Council as needed, with the real issue being what form should the support take. JDG:mab goalset 14..43 ! ~-e, SUMMARY OF COUNCIL STAFFING ALTERNATIVES ITEM #14 1. ALTERNATIVES REGARDING FULL TIME POSmON 1.A. Classified Senior Manal!ement Assistant . Appointed by City Manager - Already Budgeted 1.B. Unclassified Assistant to Mavor - Ordinance LB. .Urgency (4/5 Vote) (4/5 Vote) . Appointed by City Council . Ordinance IB-2B-2C (3/5 Vote) .Urgency (4/5 Vote) - Resolution 1.B. (4/5 Vote) . Appointed by City Manager . Resolution LB. (4/5 Vote) l.e. Contract Position . Awarded by City Council - Resolution I.C. (4/5 Vote) . Awarded by City Manager . Authorize CM to contract administratively (3/5 Vote) In All Above Alternatives, Need to Clarity Whether Position: . Assists Mayor . Assists Mayor and City Council - Modity Resolutions 2. ALTERNATIVES REGARDING PART-TIME COUNCIL ASSISTANTS 2.A. No Part-Time Council Assistants - No Change 2.B. Four 1I4-Time Council Assistants . Appointed by City Council - Ordinance IB-2B-2C (3/5 Vote) .Urgency (4/5 Vote) - Resolution 2.B. (4/5 Vote) . Appointed by City Manager - Resolution 2.B. (4/5 Vote) 2.C. Five 1I4-Time Council Assistants . Appointed by City Council - Ordinance IB-2B-2C (3/5 Vote) .Urgency (4/5 Vote) - Resolution 2.C. (4/5 Vote) . Appointed by City Manager . Resolution 2.e. (4/5 Vote) /'1-- '15 From the Office of the City Attorney City of Chula vista Legal Opinion Date: September 15, 1991 From: Bruce M. Boogaard, City Attorney D. Richard Rudolf, Assistant City Attorney To: Honorable Mayor and Councilmembers City Manager Jim Thomson cc: Re: Council Staff 1. Reauest for Advice. At the request of the Council, the Council will receive and deliberate upon a report from the City Manager with regard to alternative approaches to Council Staffing. Many issues will arise during such deliberation, many of which are legal in nature. I have been requested by the Manager's office to supplement such a report with my opinion on the legal issues involved in the decision confronting you. This report is intended to provide that legal advice. 2. Leaal Issues Presented. The duties which the Council want the "Council Staff" to perform will define the consequences. "Duty definition" is critical because it will be the basis for determining who has the relevant Personnel Power. Given that the duties are defined, the following is a summary of the legal issues which I see as presented by the City Manager's report: 2.1. Does the Council have the authority to create Council Staff Positions ("Position Creation Power")? staff4.wp September 15, 1991 Memo re Council Staff Page 1 J t/. L/~ 2.1.1. Is a Supermajority Vote required? 2.1.2. Can the Supermajority Vote requirement be avoided by contracting for the service? 2.2. Who has the power to appoint a person to fill the Council staff position ("Appointment Power")? Since, as you will see, the power of appointment flows from the existence of a Department, the following inquiry become relevant: 2.2.1. Who has the power to create a department ("Department Creation Power")? Who has the power to assign the Position to a Department ("Position Allocation Power")? 2.3. Who has the power to supervise the Council staff ("Supervisorial Power")? 2.2.2. 2.4. Who has the power to set the duties of the position ("Duty Assignment Power")? 2.5. Should classification protection be assigned to such positions, and if so, who has the power to confer such protection ("Classification Power")? 3. Preface and Precautions. The relation of this subject matter to the heart of our government--its Charter--bears same preface and precautionary advice. 3.1. Council Staff was not contemplated by the Drafters. After thoroughly reviewing the Charter, it is my opinion that the Charter drafters "probably" did not contemplate or consider a situation in which the Council would have any staff more extensive than a Private Secretary to serve both the Mayor and Council. 1 1. section 500, Appointment and Removal of Officers and Department Heads, provides, in section (a): " (a) Appointment. .. .there shall be in the Unclassified Service a private secretary for the. . Mayor and Council who shall be appointed by the respective officers for whom they serve." (continued. . . ) staff4.wp September 15, 1991 Memo re Council Staff Page 2 J~- 0/7 However, given this, we can not ignore the authority of the Charter. The Charter drafters recognized that they were creating a power distribution document, and had to believe that it would require interpretation as it may be applied to new demands and new requirements on the City as it grows and expands. They provided for the power to create additional departments as the demands of the City grew, and they provided for the power to combine shrink or abolish departments as the demands for service subs ided . 2 Just as the Supreme Court is required to interpret a federal Constitution whose framers did not contemplate issues of abortion or radio signals at the time of its creation, all of us are re- quired to interpret, and sworn to uphold, the City's constitu- tion--its Charter--as the source for the power distributed to our respective departments and offices. 3.2. Status of City Attorney's Opinion. It is, for better or worse, the function and duty of this Office to provide such interpretation. As a word of caution, my opinion is not law. The Charter is the law. To the extent that it is well reasoned, this Opinion may be given some considerable weight by a reviewing Court, and hopefully, by the People of the City, the Council, and the City Manager. 1. (. . . continued) The authors recognize that, at Section 304, defining the Mayor's duties, the drafters contemplated the assignment of personnel to the Mayor/Council Office: ". . .In addition to said powers and duties, the Mayor shall have the power and duty: .. .(6) to supervise the operation of the Mayor/Council office and personnel assigned thereto. " However, such language is not inconsistent with the Private Secretary assigned by the Charter to the office of Mayor/Council. 2. Section 501, Administrative Departments, First Paragraph: " The city Council may by ordinance not inconsistent with this Charter provide for the creation of additional departments and the assignment of general functions to such added departments, and may also abolish specific functions preformed and the department performing such abolished functions." ("Department Creation Clause") staff4.wp September 15, 1991 Memo re Council Staff Page 3 /t/~tf~ 3.3. Interpretation and Judgment is Required in Rendering this Opinion. Unfortunately, the Charter is not a model of consistency and clarity at certain points relevant herein. Certain judgment calls are required to be made after balancing arguments for and against an interpretation. Our tools are limited to logic, common sense, judgment, rules of statutory construction, and a single case decided within our own appellate district dealing with a similar effort by the City of San Diego.3 Expressed herein is my best effort in making such interpre- tations. 4. Summary of Conclusions. 4.1. Define the Duties. The conclusions to these legal issues presented depend, almost exclusively, on the duties to be assigned to the Council Staff. If the Council wants the Council Staff to perform simply as extensions of their own persona--their "alter egos" {"Alter Ego Council Staff")--there is one set of conclusions. If the Council wants the Council Staff to perform "administratively" ("Administrative Council Staff"), there is another set of conclusions. 4.2. Whv is there a difference between Alter Eqo and Administrative Council Staff. and what is the difference? The reason for the distinction between Alter Ego and Administrative Council Staff is created by the Charter establishment of the Council/Manager form of government, explained in more detail below. Alter Ego Staff would be required to have such unofficial4 duties, by their job specification, as the Council could perform themselves, such as inquiry, analysis, research, substitute rep- resentation at community meetings, and message-carrying functions. However, the position should be categorized as Administra- 3. Hubbard v. City of San Diego (1976) 55 Cal App. 3d 380, 127 Cal. Rptr. 587., a copy of which should be attached. 4. Obviously, the Council Staff would not be able to engage in official acts of the assigned councilperson, such as voting or signature of documents. staff4.wp September 15, 1991 Memo re Council Staff Page 4 jt./-t/1 tive Council staff if anv part of the duties include requiring interaction with, or "utilization of", persons reporting under the City Manager of a more extensive nature than mere inquiry, or in any way directing or encouraging the City Manager or any of his departments to perform in any particular way. For example, a Council staff which was required or permitted to attend the City Manager's agenda preparation meetings, or department head meetings, or be required to work with the City Manager in the preparation of a council agenda report prepared by or through the City Manager's Office would be categorized as Administrative Council staff. 4.3. Position Creation Authoritv. Under either type of Staff, the Mayor/council, as a unit, has the authority to create, by the budgetary process, Council Staff positions. If done mid-budget year, it will require four affirmative votes because it creates positions--this is a budgetary amendment to the "position plan"s. 4.3.1. Avoidinq the Supermaioritv Vote Requirement. Although not recommended, the creation of positions can be avoided by contracting for "Council Staff" services, and therefore this supermajority vote requirement may be reduced to three affirmative votes. However, unless an appropriation already exists in the budget of the department to which the "position" is allocated, the Charter will require an appropriation, and hence four affirmative votes. Thus as to Contract Alter Ego Staff to be, by definition, assigned to the City Council "department", funds must be appropriated to, and expended from, the City Council budget. As to "Contract Administrative Council Staff", funds will need to be appropriated to, and expended from, the City Manager budget. 4.4 position Allocation: Appointment and Supervisorv Power. 4.4.1. Administrative Council Staff If the Council desires Administrative Council Staff, the position is required, by the Council/Manager form of government, to be assigned ("Position Allocation Power") to one or another of the City Manager's departments, as ~fte eeHReil may selee~. The City Manager, or the department head to which the 5. If the creation of annual budget approval affirmative votes. the positions is part of the normal, process, it could be done with three staff4.wp September 15, 1991 Memo re Council Staff Page 5 ;'1- 5tJ position is assigned, has the power to fill ("Appointment Power") such position, and to supervise ("Supervisorial Power") such position. 4.4.1.1. Contract Administrative Council staff. As to Administrative Council staff, the Council/ Manager form of government would not tolerate the subterfuge of a "contract employee" engaged by the Council as a means of avoiding the consequence that the Appointment Power resides in the City Manager. Although not recommended, an Administrative Council staff could be engaged by contract as long as the City Manager is vested with the contractor selection authority.6 4.4.2. Alter Eqo Council staff. If the Council desires Alter Ego Council Staff, the Council has the power, by adoption of an ordinance, to constitute themselves as a "department" of the city. 4.4.2.1. Delav Problem. Such an ordinance could not become effective for approximately 35-40 days except upon a finding that such urgency is necessary to preserve the public peace, health, safety, and general welfare,7 and then, only by four affirmative 6. Our Municipal Code, at section 2.56.220 (C), establishes the procedures to be used for the selection of "consultants". It requires the city Manager to appoint a selection committee and to recommend the appointment to the City Council for approval. However, this ordinance created procedure would not survive scrutiny as applied in this unique case to Administrative Council Staff, because it would permit the Council to act like an "appointing authority" over a service assigned exclusively to the city Manager by the Charter. 7. section 311, Adoption of Ordinances and Resolutions, provides: " (d) Emergency Ordinances. Any ordinance declared by the city Council to be necessary as an emergency measure for preserving the public peace, health, safety, and general welfare and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least four affirmative votes. staff4.wp September 15, 1991 Memo re Council Staff Page 6 1'1..57 II' votes of the Council.8 If the Council constitutes themselves as a "depart- ment", they would have the power to allocate the position to the City Council Department, and they would have the Appointment Power to fill the position or positions by majority vote of their body. The supervisorial Power over such employee, short of discipline or termination, would reside in the Mayor. Disciplinary and termination authority would reside in the entire Council. As an anomaly of a Charter provision, the City Manager will have to approve the Council's appointment of their proposed Council Staff appointees. 4.4.2.2. Contract Alter Ego Council Staff. Unlike Administrative Council Staff, the Council/ Manager form of government would not create an obstacle to the retention of Alter Ego Council Staff by contract, because by definition of their duties, they could not interfere with the administrative arm of the city. Nevertheless, it is not recommended because a "contractor" relationship is not being proposed, and no particular advantage exists from the perspective of being able to avoid the Supermajority Vote Requirement. 4.5. Classification Power. An Alter Ego Council Staff person should, but is not legally required to be, in the unclassified service, thus serving at the pleasure of the Mayor/Council. For the purposes herein relevant, the Council has this "Classification Power". 4.6. Dutv Limitations. As Alter Ego Council Staff, certain duty limitations should be placed on them. In addition to prohibiting "administrative activity" for which the City Manager has ultimate responsibility, such duties should also be carefully written to prohibit 8. The 30 day period after the Council adoption and prior to the effective date of an ordinance is commonly referred to as the "referendum period". It was designed to give the People the time to exercise their Referendum Power by collecting and fileina a petition to "refer" the ordinance to the voters. Since we are dealing with a matter very close to the heart of the power distribution scheme created by the People in the Charter, this is particularly a case in which the Referendum Period should not be lightly slighted. Accordingly, I would recommend against the urgency finding, but it is clearly within the judgment of the Council. staff4.wp September 15, 1991 Memo re Council Staff Page 7 I tf- >) political activity on behalf of the assigned Councilperson, or prohibit activity in any matter in which the Councilperson may have a financial conflict of interest. ("Duty Limitations") 4.7. Should the Council have Council Staff? There are non-legal and collaterally-legal matters which the Council should consider which do not necessarily constitute an obstacle to the creation of Council Staff. I feel it is my responsibility to bring these to your attention, regardless of how you may feel about such staffing. Analysis and Discussion ~ Backaround Concepts ~ Our Charter Establishes a Council/Manaaer Form of Government. The Charter is to a city what the Constitution is to the Federal Government. It is, for local government, the "power distribution document". It tells the people and their local representatives who has the authority, or power, to do what. In virtually all forms of local government that exist, the elected representatives establish policy. However, the manner in which the power to implement that policy is allocated is the key variable that defines the form of local government. Our Charter establishes what is referred to as a "Council/ Manager" form of government. This is a form of government characterized by the fact that it distributes to the elected representatives--the Council--the power to set policy, and it distributes to the City Manager the power to formulate policy alternatives and to implement such policy as is set by Council. It may be contrasted to another form of local government referred to as the "Strong Mayor" form of government which distributes policy setting and policy implementation duties to the Office of Mayor. It may also be contrasted to the Mayor/ Administrator form of government where policy implementation powers are shared between the Office of the Mayor and a Chief Administrator Officer. The names or "stereotypes" assigned to the form of government do not define the distribution of power--the charter provisions do. However, the form of government selected by the Charter framers establish "a framer's intent" with which to interpret the charter provisions where there may be ambiguities in the precise language, imprecisions in the draftsmanship, or staff4.wp September 15, 1991 Memo re Council Staff Page 8 /O/~f} situations which are not specifically addressed in the Charter. As this memo will document, the current issue of "council staffing" presents charter interpretation issues in this zone. 5.2. How does our Charter establish a Council/Manaqer Form of Government? All powers to function as a City, not otherwise distributed by the Charter, are vested in the Council.9 The "administrative power"--Le., the power to implement policy set by the Council--has been "otherwise distributed" exclusively to the City Manager. Section 400'0 charges the City Manager to be the "executive officer" of the City." Section 401 further defines that, by "executive officer", the City Manager is "the head of the administrative branch of the City government, and [is] responsible to the City Council for the proper administration of all affairs of the City. ,,12 9. Sec. 201, Powers Vested in Council, provides: " All powers of the City, except as otherwise provided in this Charter, shall be vested in the City Council." ("Residual Jurisdiction Clause") This Residual Jurisdiction Clause is important in cases where there is an silence in the Charter. 10. All section references are to the Charter except as otherwise indicated in the text. 11. Sec. 400(a), "City Manager", provides: " (a) Appointment; Salary. There shall be a City Manager who shall be the executive officer of the City; to be appointed by and serve at the pleasure of the City Council. The City Manager shall be chosen on the basis of administrative qualifications and shall be paid a salary, fixed by the Council, commensurate with responsibilities." 12. At section 402, the City Manager is even given the power to "participate in deliberations of the City Council, but shall not have a vote." staff4.wp September 15, 1991 Memore Council Staff Page 9 1'1-5'1 The Charter specifically cautions the Council not to involve itself into "administrative affairs"--but to leave such affairs to the judgment and discretion of the City Manager. The Charter is very clear and very adamant about this. It establishes. as a penaltv for its violation. "loss of office"! section 305, entitled "Prohibited Acts" is the "cornerstone" of the Council/Manager form of government, and deals exclusively with the dichotomy between policy setting and administrative powers: " No member of the Council shall directly or indirectly, by suggestion or otherwise, attempt to unduly influence the City Manager or other officer appointed or confirmed by the Council in their performance of duties. The Mayor and the Councilmen are hereby individually and collectively prohibited from performing any administra- tive or executive functions except as same may be authorized by this Charter or by ordinance of the City of Chula vista. Except for the purpose of inquiry, the Council and its members shall deal with that part of the administrative service for which the City Manager is responsible solely through the City Manager. A violation of the provisions of this section by any member of the Council shall constitute misconduct for which the offending member may be removed from office by the Council." Thus, if the Council Staff are in any way entitled to interfere with the City Manager's administration of the affairs of the City other than by inquiry, or to otherwise inject themselves into the administrative arm of the City, this Council/Manager form of government requires that they report to, be appointed by, and exist to serve the City Manager. This then is the basis for the distinction between Alter Ego Council Staff and Administrative Council Staff. As Administra- tive Council Staff, their overriding purpose will be to enhance the Manager's liaison with the Council. 6. The Charter's Division of Personnel Authoritv. Council Staffing, like other staffing decisions, is an exercise of the Personnel Power set forth in the Charter. In an apparent effort to curb potential abuses in personnel practices in local government, the Charter drafters divided the Personnel Powers among different Offices of the City in a manner more fractured than is typically seen in private sector staff4.wp September 15, 1991 Memo re Council Staff Page 10 /'7'5'.5 employment practices. Our Charter recognizes at various points, a deliberate division of the Personnel Powers. For the purposes of this opinion, the Personnel Power is "fractured" into at least the following categories under the Charter: 1. The decision that the job is needed ("Position Creation Power") . 2. The assignment or allocation of the created position to an Office or Department ("Position Allocation Power"). 3. defining Power" ) The power to create departments for the purpose of who has the Appointment Power ("Department Creation 4. The power to designate a person to fill the position ("Appointment Power") . 5. The power to veto the exercise of the Appointment Power ("Approval Power"). 6. The power to assign duties to the position ("Duty Assignment Power"). 6. The right to supervise the employee ("Supervisorial Power") . 7. The power to confer civil service protection to a position ("Classification Power"). We will herein attempt to explain how the Charter distributes each of these subpowers of the Personnel Power at least for purposes relevant hereto--the Council Staff issue'3. 7. Can the Council Create "Council Staff" positions? Conclusion: Yes, except for Charter-established "Offices", the position Creation Power has been assigned to the Council. 13. Other divisions of the personnel power, not relevant here, are created in the Charter. For example, the right to discipline and terminate is divided, based on classification status, between various persons. staff4.wp September 15, 1991 Memo re Council Staff Page 11 10/'>> While recognizing some Charter ambiguity14, on balance, it is our o~inion that, as to all positions not categorized as an "Office" 5, the City Council has the Position creation Power, which is exercised through the adoption or amendment of the Budget. The Budget can be adopted by three affirmative votes.16 It 14. Section 501, Administrative DeDartments, Third Paragraph, provides, in pertinent part: " The City Council shall control by budget the number and compensation of all positions, unless otherwise mandated by this Charter." ("Number and Compensation Clause") The authors recognize that this does not specifically state that the Council has the power to create positions, just control the number and pay. This has to be judged as a drafting oversight and should be interpreted to mean: "the Council shall control . . .the existence, number and compensation of all positions, . . ." The Position Creation Power is not elsewise distributed except less precisely in the same section, Second Paragraph: "The City Manager shall . . .provide staff for the departments for which the City Manager is responsible." Was "shall . . .provide staff" intended to establish the City Manager's power to create positions in the face of the Number and Compensation Clause cited above? We think not, especially in light of the historic practice that the City Council has always been responsible, through the budgets, for creating positions. In light of the Residual Jurisdiction Clause, it is our judgment that the city Council is vested with the position Creation Power. 15. An "Office" is a charter-created position which can not be abrogated by the Council. The Mayor and Councilperson, City Clerk, City Manager, City Attorney, and the Finance Director are examples of "Offices". See section 505 which permits the Council to assign additional functions or duties to "offices", departments or agencies, but may not abrogate same. 16. See section 1004, Budaet. Further Consideration and AdoDtion, which provides, in pertinent part: (continued. . . ) staff4.wp September 15, 1991 Memo re Council Staff Page 12 /1-5/ may only be amended mid-year by four affirmative votes17 ("Supermajority Vote Requirement"). 7.1. Can the Mid-Year Supermaioritv Vote Reauirement be Avoided? Conclusion: Perhaps, but only if the Council Staff is provided for by contract, and the Department to which the Council Staff is assigned (Councilor MaysF Manaaer) has sufficient funds appropriated thereto. Staff has attempted to prepare scenarios under which the Supermajority Vote Requirement could be avoided if the majority of the Council so insisted. Under most all scenarios presented, four affirmative votes will be required. scenario 1. If there were sufficient funds available under the City Manager's "budget amendment" authority, could the City Manager transfer (i.e., appropriate) sufficient funds for the positions without requiring a "Budget Amendment"? Conclusion: Yes, if the Council Staff type selected is the Administrative Council Staff, appointed by and serving under the authority of the City Manager. The Council, at the time of the adoption of the Budget, delegated certain limited "amendment authority" to the City Manager.18 While I believe that this was a 16. (...continued) " . the City Council shall . . .adopt the budget . . by the affirmative votes of at least three members. . . ." 17. See section 1005, Budaet. Appropriations, Second Paragraph, which provides, in pertinent part: " At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least four members." 18. See Budget Adoption Resolution, No. 16216, attached as Exhibit B, which provides, in pertinent part: "BE IT FURTHER RESOLVED that the appropriations attached are approved as the budget for the 1991-92 fiscal year and that the City Manager and the Director of Finance be authorized to transfer appropriations within control accounts for all (continued. . . ) staff4.wp September 15, 1991 Memo re Council Staff Page 13 J '1,58" legitimate delegation of budget-amendment authority,19 according to the City Manager, the "inter-departmental" aspect of this language was intended to allow the transfer between the department of "vacancy savings" between accounts. "Vacancy savings" are unexpended appropriations resulting from routine turnover, or vacancies, in positions resulting from retirements, career advancements, terminations, etc. The department in which they occur are somewhat unpredictable, but given the large employment base of the City, the amount can be historically predicted with some accuracy. This clause was designed to permit the City Manager discretion to shift those saving to the departments in which they actually occur. Accordingly, it would be inappropriate for the City Manager to use this clause as authority to appropriate compensation for newly created positions which can't otherwise muster the Charter-sanctioned vote requirement. However, the Budget adoption resolution cited above also has an "intra-departmental" aspect, giving the 18. (. ..continued) services and to transfer appropriations between control accounts for Employee Services only." Control accounts are "departments". Note that the City Manager can therefore transfer funds "intra-departmentally" and "inter- departmentally" . 19. There is nothing in the Charter that requires a line-item budget--a budget which would have limited the City Manager to expending the City resources only for the specific purpose described by each individual line item. Rather, section 1005 states that "the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective object and purposes therein named." Consistent with the requirements that their be a "depart- mentalization" of expenditures, the City council adopted a modification, or blend, of the line item budget because in the adopting resolution, it gave the City Manager certain transfer, or "administrative amendment" authority. staff4.wp September 15, 1991 Memo re Council Staff Page 14 /tf- 5i City Manager the authority to transfer funds between different accounts in the same Department. This was designed to give the Manager "managerial flexibility" in administering the affairs of the City. Thus if existing funds are already appropriated to the City Manager's Department, and are transferred from one account to another by use of his delegation of "budget amendment" authority, the City Manager could make the funds available to pay for an Administrative Council Staff, but not an Alter Ego Council Staff. Scenario 2. Could the contingency fund of $30,000 in the "non-departmental" account, normally under the control and direction of the Council to handle small contingencies throughout the year without requiring a Supermajority Vote, be used to create the Council Staff positions? Conclusion: No, it would still be a budget amendment of the "position plan". without reference to the peculiarities of our city, a budget is, in its primary sense, a "spending plan" for the City that requires the identification of resources and sets forth the plan for the expenditure of those resources. A budget typically contemplates a "position or personnel plan" as part of the "spending plan" but it is not normally considered a sine aua non of budgets. However, under the authority of the Number and Compensation Clause cited above, our Charter has elevated the "position plan" component to an integral part of the budget in that it gives control over the number and compensation of allfositions to the Council through the budgetary process.2 Historically, all new positions are created at the budget approval hearings, or have been enacted only with four affirmative votes. Therefore, it is my opinion that any time there is any mid-year change in the "position plan", with or without a corresponding resource reallocation, that four affirmative votes are required. Scenario 3. Could the service required by the Council Staff 20. section 501 cited above. staff4.wp September 15, 1991 Memo re Council Staff Page 15 J 'I' t-tl be obtained by contract, thereby avoiding the creation of positions? Conclusion: Yes, if there are already sufficient resources previously appropriated to the discretion of the department or office and purpose served by the "contractor"--i.e., the City Council. Then funding would be within the transfer discretion of the City Manager. Although not recommended, the service can be obtained by contract. It is not recommended because the key distinguishing feature between an "independent contractor" as opposed to an "employee" is that an employee is directed as to the ways and means of performing his duties. An "independent contractor" is given a task to accomplish, and is left to his own devices as to the way and means of achieving it.21 We have admittedly, in past practices, blurred this distinction in having services performed by a "contract employee" when it served other departments or offices of the City. It would be hypocritical now to assert its impropriety as applied to benefit the Council.22 If used despite its inadvisability, nevertheless, the "contract employee" practice can not be used to assign administrative duties in violation of the authority of the City Manager to control all administrative matters. However, as a general concept, the Charter requires that, prior to expenditure, there be an appropriation to the department or office served by the expendi- 21. See discussion at 38 Ca1. Jur. 3d Independent Contractors, section 2. 22. However, this Office intends to continue its course of action discouraging "contract employees" in the future because (1) we may not have the shelter of tort liability immunity for injury to such employees; (2) there may be liability to the IRS for failure to withhold taxes; and (3) as "real" but unrecognized employees, we may be required to make PERS contributions with regard to the cost of their service. staff4.wp September 15, 1991 Memo re Council Staff Page 16 /t/-t/ ture.n It would be an intolerable violation of the Charter-approved budgetary scheme to spend consultant money appropriated to the Public Works department on a consultant designed to serve the Parks Department. For the same reason, the Charter will not permit, without amendment, the expenditure of funds on Council staff-- be it employees or contractors--from a department other than the City Council. scenario 4. Could the contingency fund of $30,000 in the "non-departmental" account, normally under the control and direction of the Council to handle small contingencies throughout the year without requiring a Supermajority vote, be used to create the Council Staff bv contract? Conclusion: Yes, but it will still require appropriation to the City Council "department" budget. This scenario is a blend of Scenario 2 and 3. It was designed to avoid the "position plan" amendment problem which, as in Scenario 2, required amendment to the budget, and 4/5ths vote. It avoids the Scenario 2 constraint by contracting for the service. However, it does not pass the Scenario 3 hurdle since the contingency account in the "Noli-Departmental" budget is not appropriated to serve the Mayor/Council Office or "department". 24 , ~ Who has the Accointment Power to fill the Council Staff cositions?--the Charter Allocation of Accointment Authoritv. 23. See section 1005, "Budget. Appropriations" provides: "From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several decartments. offices and aqencies for the rescective obiects and curcoses therein named." (emphasis added) 24. The description of the Non-Departmental "budget" in our 1991-92 Budget reads as follows: "The Non-Departmental budget is unusual since it is a collection of miscellaneous items which either involve the entire city or do not fit within any single departmental budget." staff4.wp September 15, 1991 Memo re Council Staff Page 17 /v!- /'2 Even though the Charter allocates the Position Creation Authority to the Council, it has reserved most of the Appointment Authority to the City Manager, or to the Department Head as herein explained. As to "appointive positions"--the City Manager, City Attorney, City Clerk, and a private secretary to the Mayor! Council--the Charter gives exclusive Appointment Power to the Council.25 As to Assistant and Deputy positions, the Charter gives Appointment Power to the supervisor of the position--the city Manager, city Attorney or City Clerk--but reserves Approval Power to the Council.u As to other officers and department heads27, the Charter gives the City Manager the Appointment Power, but reserves in the City council the Approval power.28 25. Section Sec. 500, Appointment and Removal of Officers and Department Heads, which provides, in pertinent part: " (a) Appointment. The City Manager, city Attorney and City Clerk shall be appointed by and serve at the pleasure of the City Council . . . In addition, there shall be in the Unclassified Service a private secretary for the city Manager, City Attorney and the Mayor and Council who shall be appointed by the respective officers for whom they serve." 26. Section 500 (a) continues: ". . .AII other officers and department heads of the City and the Assistant City Manager shall be appointed by the City Manager subject to the approval of the City Council. The City Attorney shall also appoint Assistant or Deputy City attorneys as may be authorized by the Council, subject to the approval of the Council, who shall be in the Unclassified service. The City Clerk may also appoint Assistant or Deputy City Clerks as may be authorized by the Council subject to the approval of the Council who shall be in the Unclassified Service. " 27. At least, those under the control of the City Manager. See section 501. 28. See also, section 401 (a) which provides, in discussing the powers of the City Manager, in part, as follows: (continued. ..) staff4.wp September 15, 1991 Memo re Council Staff Page 18 /1-/-1-; As to all other employees, which would include, presumably, council staff, the Charter gives to the Department Head and/or "appointive officer,,29 the Appointment Power over such "employees as are provided for by the city Council,,3o for their department or office, and reserves to the City Manager the Approval Power over all such employees. 31 Thus, in this scheme of things, except as the Charter distributes special appointment powers to the Council, and appointive Offices (Manager, Clerk, Attorney, Private Secretaries), the Appointment Power over a position flows from being designated as a Department Head of a "department" to which the position is assigned. Hence, the ability or power to assign a position ("Position Allocation Power") to a department becomes theoretically critical. As applied to Administrative Council Staff, the Manager or other existing department head would have the Appointment Authority. 28. (...continued) " Subject to the provisions of section 500 of Article V of the Charter, the City Manager shall appoint all department heads and officers of the City except elective officers and those department heads and officers whose power of appointment is vested in the City Council, and pass upon and approve all proposed appointments and removals by department heads and other appointive officers." 29. Appointive Officer is a reference to the City Clerk, the City Manager or the City Attorney. 30. Under their position Creation Authority in the "Number and Compensation Clause", section 501. 31. section 507, Department Heads: Appointment Powers, provides: " Each department head and appointive officer shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for their department or office, subject to the civil service provisions, or as provided by ordinance of the Council as authorized by section 500(a) of this Charter, and subject to prior approval of the City Manager." This is consistent with section 401(a) defining the powers of the City Manager. staff4.wp September 15, 1991 Memo re Council staff Page 19 Jllt'J However, as to Alter Ego Council Staff, the question arises as to whether the Mayor/Council is a Department. 9. Is the Council/Mavor Office a DeDartment Sufficient to Permit Them to be the ADDointina Authoritv? Conclusion: No, but the Council has the authority to make themselves a department, and an ordinance is attached which will accomplish such an objective. The Charter treats the Council and Mayor as an "office". An Office is a charter-recognized position, the main consequence of which is that it can not be abolished or modified by the Council. There are five elective offices--the Mayor and Councilmembers-- and there are at least four appointive offices--the City Manager, the City Clerk, the City Attorney, the Finance Director. However, the Charter recognizes and treats Offices differently from Departments such as to lead us to conclude that an Office is not, by Charter, a department. The Charter does not, of itself, recognize the City Council32 as a separate department of the city. In contrast for example, it does so recognize a Finance Department.33 However, at section 501, "Administrative Departments", the Council is granted the power to create additional departments by ordinance~ not inconsistent with the Charter~ and assign general functions to such added departments. 32. Or the City Clerk or the City Attorney--these are considered Offices in the eyes of the Charter. 33. section 504, Director of Finance: Powers and Duties, provides, in pertinent part: " There shall be a Finance Department headed by a Director of Finance, who shall have power and be required to. . ." 34. The requirement that the Department Creation Power has to be created or provided for by ordinance dispels the notion that the adoption of the budget, an act which occurs by resolution, has the power to constitute the Council as a department. 35. section 501, Administrative Departments, First Paragraph, provides: (continued. . . ) staff4.wp September 15, 1991 Memo re Council Staff Page 20 Itj.~.r The Council has exercised this "department creation" ~ower by creating, by ordinance, for example a Police Department , a Fire Department37, Park and Recreation Department~, and a Community Development Department39. Would the Charter tolerate an ordinance which creates a "Mayor/council Department" so as to permit the Mayor/Council to have appointing authority? While there appears to be authority on each side of this very important issue, it is my opinion that the weight of the authority would permit the Council to constitute itself as a Department. In the first instance, the Charter appears to recognize that there may be departments other than departments subject to the City Manager's direction. In the second paragraph of section 501, the Charter states: " The City Manager shall be responsible for the organizational structure of all departments subiect to the Citv Manaaer's direction, including their divisions, sections, crews and other necessary unit components and shall assign duties, delegate administrative powers, and provide staff for the deDartments for which the Citv Manaaer is resDonsible." This implies, in two separate places,4o that the Charter drafters contemplated that there may be need to be other 35. (. . . continued) " The City Council may by ordinance not inconsistent with this Charter provide for the creation of additional departments and the assignment of general functions to such added departments, and may also abolish specific functions preformed and the department performing such abolished functions." 36. Municipal Code Chapter 2.09. 37. Municipal Code Chapter 2.10. 38. Municipal Code Chapter 2.16. 39. Municipal Code, Chapter 2.18. 40. A repetition which suggests to this author a deliberate consciousness. staff4.wp September 15, 1991 Memo re Council Staff Page 21 It./~tt departments which may be created for which the City Manager may not be responsible--even at a time when they were creating a very rigid Council/Manager form of government. This could have been a reference to the future creation of a "City Attorney's Department" or the "City Clerk's Department", but the Charter is just as silent as to the creation of departments around such Offices as it is for a "Council/Mayor Department" around the Office of Mayor/Council. Second, in the case of Hubbard41, the Fourth Appellate District42, gave dictum sanction to such a practice. In Hubbard, the City of San Diego Council attempted to create an "administrative" department that reported to the Council, circumventing the City Manager's Office. This was found to be illegal as a violation of their Council/Manager form of government. In doing so, however, the appellate court gave implicit recognition and sanction to a charter provision43 giving the Council the authorit~ to create departments--not dissimilar to our own provision . In Hubbard, the San Diego City Council constituted 41. cited above, copy attached. 42. i.e., the one governing San Diego County. 43. San Diego City Charter, section 26, Administrative Code, provides: "The existing Departments, Divisions and Boards and existing Offices of the city Government are hereby continued unless changed by the provisions of this Charter or by ordinance of the Council. The Council shall be ordinance, by majority vote, adopt an administrative code providing for the detailed powers and duties of the administrative offices and departments of the City Government, based upon the provisions of this Charter. Thereafter, except as established by the provisions of this Charter, the Council mav chanqe. abolish. combine. and rearranqe the departments. divisions and boards of the Citv Government provided for in said administrative code. but such ordinance creatinq. combininq. abolishinq or decreasinq the powers of anv department. division or board shall require a vote of two- thirds of the members elected to the Council.. . . " (emphasis added)." 44. section 501, cited above. staff4.wp September 15, 1991 Memo re Council Staff Page 22 /'I~(, 7 themselves as Departments, which under another Charter section45, entitled them allegedly to staffing. To this effort, the Hubbard Court said: .. The right must be recognized of the Council as a body, and of each member of the Council, to employ one or more assistants to do clerical, research, analytical, reporting and communications work to facilitate the performance of the duties of the legislative body and its members. Included in that category would be agents to obtain desired information from the Manager, and to analyze it and the proposed budget for the benefit of the members of the Council individually or collectively. Such agents or employees would be only representatives of the Councilor its members operating in extension. Such representatives, acting on the initiative and under the direction of the Councilor its members clearly differ from a department of the City working on its own initiative and with its own administrative head and in its internal administration independent of both Council and Manager." This is powerful dictum46 by our own Appellate Court in a case which is indistinguishable of relevant facts from ours, and is the only case our office could find on the entire subject matter after doing a nationwide search. It can not be lightly ignored. Third, as we have established, the Charter gives the Council the authority to create positions--including Alter Ego Council Staff positions. It is illogical to conclude that no avenue should be available to the Council to permit them to appoint such persons to fill the position, but to require them to be filled by someone they do not serve. Such a conclusion would put an intol- erable burden on the City Manager if he would refuse a Council- person's suggestion for the position. 45. section 117, San Diego City Charter. 46. Dictum is a gratuitous judicial observation or remark in a case which is not essential to its determination or resolve. As such, dictum is exempt from the application of the doctrine of Stare Decisis--"the policy of courts to stand by precedent and not to disturb settled points." Black's Law Dictionary, Revised Fourth Edition. In otherwords, other appellate court can more easily dismiss such a remark. staff4.wp September 15, 1991 Memo re Council Staff Page 23 Io/~ty We therefore conclude that the Council may constitute themselves as a "department". In reaching this conclusion, we are mindful of the following countervailing arguments: (a) The title of the very section granting the Council power to create departments--Section 50l--is "Administrative Departments". While not in itself controlling, it is some evidence that the drafters intended that this power be exercised with regard to formation of departments to perform the administrative functions of the city--functions which, by the "Council/Manager Form of Government", the Council is deliberately precluded. 47 This argument may be diminished by the fact that, typically in statutory construction, titles are not controlling over content. 48 (b) Furthermore, a reading of the third paragraph of Section 501, could lend itself to the construction that anv such department created by the Council under such authority would be headed by a designee of the City Manager49. Under such a reading, it is illogical to believe that if the drafters contemplated a Mayor/Council Department, they would have given the Appointive Power over their department head to the City Manager. However, one rule of statutory construction is that an attempt should be made to reconcile, if possible, the various 47. See previous discussion and section 305, cited above. 48. Please note that San Diego Charter section 26, quoted in footnote 43 above, like our own Section 501, has the word "administrative" in the title. Unlike ours, however, the content of this Section 26 limits the "department-tinkering" power of the Council to "administrative departments", does not specifically say they can "create" a department, and lets them exercise their "power creation" authority only on a supermajority vote requirement. In otherwords, our Charter distributes a broader "Department Creation Power" to our City Council than does the San Diego Charter distribute to their Council! 49. Section 501, Third Paragraph: ". . .Each department so created shall be headed by an officer designated as department head who shall be appointed by the City Manager, subject to the approval of the City Council." staff4.wp September 15, 1991 Memo re Council Staff Page 24 1'1-1/1 parts of a statutory law. Such a reconciliation is readily available: The City Manager's Appointment Power over "each department so created" is limited to such departments as are "subject to the City Manager's direction" and "for the departments for which the city Manager is responsible". 50 This argument may be dismissed if the Appointing Authority language is recognized as modifying the creation of such departments subject to the city Manager's direction, and not all departments. (c) The consequence of "departmental existence" is Appointive Authority over employees assigned to it.51 Yet 50. It is appropriate at this point to restate all of section 501, in its entirety, with emphasis added to clarify this point: "Sec. 501. Administrative Departments. The City Council may by ordinance not inconsistent with this Charter provide for the creation of additional departments and the assignment of general functions to such added departments, and may also abolish specific functions preformed and the department performing such abolished functions. The citv Manaaer shall be responsible for the oraanizational structure of all departments sub;ect to the Citv Manaaer's direction, including their divisions, sections, crews and other necessary unit components and shall assign duties, delegate administrative powers, and provide staff for the departments for which the citv Manaaer is responsible. The city Council shall control by budget the number and compensation of all positions, unless otherwise mandated by this Charter. Each department so created shall be headed bv an officer desianated as department head who shall be appointed bv the citv Manaaer. sub;ect to the approval of the Citv Council." 51. See previous discussion, and Section 507, which provides: " Each department head and appointive officer shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for their department or office, . . ., and subject to prior approval of the City Manager." staff4.wp September 15, 1991 Memo re Council Staff Page 25 1t{-7() Approval Authority over "all other positions" is reserved to the City Manager.52 It is somewhat illogical to believe that the drafters contemplated a Mayor/Council Department where they would have had to succumb to the City Manager's discretion for the approval of their own Council staff. Please note that we prefaced this Opinion with a recognition that the Charter drafter's probably had not contemplated Council Staff--a failing which is not fatal to the long term viability of the document. This has to be simply recognized as an anomaly that the city Manager will have to approve or reject the Council's appointment of their proposed Council staff. 10. The position Allocation Power--Who has the Power to Assiqn a Created position to a Department? Even if a Department of Mayor and Council ("Council Department") gets created, how does the Charter distribute the power to allocate a created position to the "Council Department"? Specifically, even if the Council were to create Alter Ego Council Staff, if the Manager--not the Council--has the power to allocate such positions to a department, the Manager could theoretically obstruct and redistribute the collateral Appointment Power from the Council to the Department to which the position is assigned. The Charter contradicts itself as to which Office--the Manager or the Council--has the power to allocate created positions to Departments. In support of this power residing in the city Council, we note that Section 507 recognizes that employees are to be provided bv the City Council for a department or office53. 52. section 507, Department Heads; Appointment Powers, in pertinent part, provides: " Each department head and appointive officer shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for their department or office, . . ., and subiect to prior approval of the city Manaqer." 53. Section 507, Department Heads: Appointment Powers, provides: Each department head and appointive officer shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for bY the city (continued. . . ) staff4.wp September 15, 1991 Memo re Council Staff Page 26 /L/~ 7/ Section 505 provides that the City Council may assign additional functions or duties to an office or department of the City. 54 Section 501 gives them the power to assign general functions to such added departments. 55 In support of the case that the position Allocation Function resides in the City Manager, we note that the second paragraph of section 501, set forth above, makes the Manager responsible for the "organizational structure of all departments subject" to his direction, and shall "provide staff for the departments for which" he is responsible. This discussion, hopefully unlike the rest of the opinion, is more theoretical than practical. Once the Council creates Alter Ego Council Staff and the City Council Department, it is an academic exercise to worry about who, between the City Manager and the City Council, has the power to assign them to the City Council Department. Remember, as Alter Ego Council Staff, these are people that can only do the non-administrative bidding of the Councilperson. It would strain logic to suggest that whichever Office had the power, they would not assign them to the City Council Department. Having said that, we can only reconcile the parts of the Charter by saying that the Council has the power to allocate an administrative oosition, such as an Administrative Council Staff, to the City Manager's Office, who shall thereafter redistribute and reallocate that position to such a place in the organiza- tional structure as he deems appropriate. As to departments not assigned to the City Manager's Office, such as in the case of a 53. ( . . . continued) Council for their deoartment or office, subject to the civil service provisions, or as provided by ordinance of the Council as authorized by section 500(a) of this Charter, and subject to prior approval of the City Manager. (emphasis added) 54. section 505, Duties of Officers and Emolovees, provides: " The City Council, by ordinance, may assign additional functions or duties to offices, departments or agencies established by this Charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency." 55. See prior discussion and footnotes setting forth section 501. staff4.wp September 15, 1991 Memo re Council Staff Page 27 It/-?:J.. "to-be-formed" Mayor/Council Department, the Council retains full authority to assign the Alter Ego council staff to the Council Department. 11. Who will have "supervisorial authoritv" over Council Staff? Conclusion: the Mayor will have the authority to supervise "Alter Ego" Council Staff. The Manager, or his designee will have the authority to supervise "Administrative" Council Staff. The Mayor has the powers of all other Councilmembers, but is given certain additional powers which include, for example: the power to issue state of the City reports, the power to the official head of the City for ceremonial purposes, the power to take command of the police during time of public danger or emergency with the consent of the Council, to represent the City regionally, among others. section 304 (b) (6) sets forth specifically that the Mayor was intended to be the Supervisor of all personnel assigned to the Mayor/council Office: "(6) to supervise the operation of the Mayor/Council office and personnel assigned thereto." It is therefore my opinion that the Mayor would be the supervisor of Alter Ego Council Staff. If, on the otherhand, the Council Staff are Administrative council Staff, the City Manager, or his department head, would have supervisorial control over the Council Staff. 12. What duties mav be assiqned to Council Staff? 12.1. Administrative Duties Restriction. An Alter Ego Council Staff may not perform, individually or on behalf of his designated Councilperson, "administrative functions" and may not interfere with the City Manager in his performance of "administrative functions". For the distinguishing features of administrative functions versus alter ego discussions, see Section 4.2 above. 12.2. Official Acts. The Residual Jurisdiction provision of the Charter specifies that all powers not otherwise distributed are vested in the staff4.wp September 15, 1991 Memo re Council Staff Page 28 1'1-7 J ~ Council.56 The People are entitled to the individual service and discretion of the Councilperson. We believe that the Charter would not tolerate a delegation of such official authority to any person, including Council staff. As such, Council staff would not be able to sign official documents on behalf of a Councilmember. They would not be able to participate in Council deliberations in lieu of their designated Councilperson. Of course, they would not be able to vote on their behalf. 12.3. Political Activities. The Council staff should be specially cautioned that the prohibition against Political Activities would limit the duties assigned to the Council Staff. 57 12.4. Financial Conflicts of their Assigned Council. Both the Fair Political Practices Act and our own prohibition against illegal contracts prohibits the Councilmember from "direct" or "indirect" participation in conflicting 56. Section 201, cited above. 57. Section 707, Improper Political Activitv, which operates as a proscription on the activities of Councilmembers, would also operate with regard to Alter Ego Council staff. It provides, in pertinent part: " No elective or appointive officer or employee of the City of Chula Vista, whether employed in the Classified or Unclassified Service, shall: (a) Directly or indirectly use, promise, threaten or attempt to use any official influence in the aid of any partisan political activity, or to affect the result of any election to partisan or political office or upon any other corrupt condition or consideration; (b) Solicit or coerce from any other officer or employee of the City of Chula Vista, any political assessment, subscription or contribution; (c) Use any office or position with the City in any activity in support or opposition to any person running for the City of Chula vista Councilor Mayor. " staff4.wp September 15, 1991 Memo re Council Staff Page 29 It{~ 71 transactions. The Council staff may not participate in any transaction for their assigned Councilperson from which their assigned Councilperson would be precluded. 13. Should YOU have Council Staff--Collaterally Leaal Precau- tionary warninas? This is a policy choice that involves many other considera- tions than mere legality, although as outlined herein, there are some significant legal constraints on your choices. As part of a team of general policy advisors, this Office feels obligated that you be advised on all collaterally-legal concerns and on such other policy aspects as it sees with regard to this matter not otherwise presented. I recognize that I am treading into an area of policy advice for which I was not retained. I do so somewhat regrettably knowing that this is a matter containing a significant emotional charge. I feel that the points raised in this section need to be considered by the Council. Therefore, I will summarily present them without further policy elaboration. Keep in mind that they do not operate as a legal constraint on your authority to act, and may, of course, be summarily ignored. (1) Consider a Charter Amendment to Chanae the Form of Government. A shift in the distribution of power sanctioned by the Charter should be accomplished by review and approval of the People of the City. If any Councilperson believes that they will create the position of Council Staff, or permit their use, in the performance of administrative activities, this would represent a redistribution of the power contemplated by the Charter and the matter should be reviewed by the Charter Review Committee, reviewed by the Council, and then referred to the People for vote. (2) The Consumption of Time is the Price of Elective Service. The concept of "Council Staff" exists as a time-saving alternative for Councilpersons. It recognizably facilitates otherwise "busy" people to responsibly hold office. As such it will serve to bring into public service those which, due to their schedule, may otherwise be effectively precluded from office. In making your decision, consider the argument that a Coun- staff4.wp September 15, 1991 Memo re Council Staff Page 30 I'I~ 7> cilperson is elected to the Office on the premise that the People would have the benefit of his or her individual inquiry, analy- sis, research, meeting attendances, etc., as may be required by the Office, not other persons chosen by the Councilperson. In short, the Council Staff position should not be viewed as a time-saving substitute for "putting in the time" required by the Office. (3) The Potential for Abuse is Created. Once the bureaucracy is created, it will probably be irre- versible, even after all of us are "long gone". council staff creates the potential for long term abuse and possible appearance of future impropriety--not necessarily by any of the current Council, but by future office holders. It may inadvertently involve them in matters which may have legal and office-related consequences. For example, if assigned Council staff performs adminis- trative acts, the issue will be raised as to whether it was on behalf or at the direction of the Assigned Councilperson. If directed, it may result in loss of office. If the act was unauthorized, it will merely give the appearance of impropriety. If the assigned Council Staff performs political activity, the issue will be raised as to whether it was on behalf or at the direction of the assigned Councilperson. If directed, it may result in sanctions. If the act was unauthorized, it will merely give the appearance of impropriety. If the Council Staff participates in governmental decisions in which the Assigned Councilperson may have a financial conflict of interest, the issue will be raised as to whether it was on behalf or at the direction of the Assigned Councilperson. If directed, it may result in sanctions. If the act was unauthor- ized, it will merely give the appearance of impropriety. In sum, a Councilperson may be entrusting their public service career, in part, to the judgment of their Council Staff. (5) Council Staff may operate to distance you from Administration. The existence of a "middleman" or "middlewoman" may operate to separate the city Manager's Office from the Elective Office. Messages may be sent back and forth via Council Staff courier. Not only may the message be misconveyed, but the tone, inflec- tion, body language, and all other "non-speech" forms of com- munication that you may otherwise get through personal contact staff4.wp September 15, 1991 Memo re Council Staff Page 31 1'1- '7~ will be lost. Furthermore, a new personality, not possessing the "official" status of the Councilperson, will be injected into the communication process which may further distort the message. Conclusion. In this vein, we caution you that, while creating Council staff can be accomplished within the framework of the Charter, creating and filling Council staff positions should be given serious consideration by the Council, and simply because it may be legal, may not otherwise be advisable. staff4.wp September 15, 1991 Memo re Council Staff Page 32 lo/~77 COUNCIL AGENDA STATEMENT Item /5 Meeting Date 9/17/91 SUBMITTED BY: Report on the Utility Underground Conversion for Fifth Avenue between "L" and Naples Streets. Director of Public wory City Manag~ ITEM TITLE: REVIEWED BY: (4/5ths Vote: Yes_No_xJ On September 10, 1991 the City Council directed staff to prepare a report on the undergrounding of utilities on Fifth Avenue between "L" and Naples Streets. This report also addresses the next phase of Fifth Avenue between Naples Street and Orange A venue. The plans on this project are nearing completion and we are working with the utility companies on the relocation plans. RECOMMENDATION: That Council accept the report. BOARDS AND COMMISSIONS RECOMMENDATIONS: None REPORT: The construction of Fifth Avenue between "L" and Naples Streets is nearing completion and Council requested that staff report back on undergrounding existing utilities to further enhance its appearance. As a result of this request, we have seriously evaluated undergrounding the utilities on this portion of Fifth Avenue. The City of Chula Vista Utility Undergrounding Conversion Program was instituted in 1968. Since then, approximately 9.8 miles of facilities have been undergrounded at a cost of $5,164,819. On October 25, 1984, the City Council adopted a report on the City's Utility Underground Conversion Program. As a result of said adoption, the City Council directed staff to establish a program which limits the conversion of utilities along the following major thoroughfares: 1) "E" Street 2) Broadway 3) Fourth Avenue 4) "L" Street J~/ ..,/ Page 2, Item I~ Meeting Date 9/17/91 5) Otay Valley Road 6) Otay Lakes Road 7) Telegraph Canyon Road 8) "F" Street 9) "J" Street The report recommended that the conversion of utilities be completed on a street -by-street sequential basis. The City's current Utility Undergrounding Conversion Program is based on said report and on the official Undergrounding Program approved by the City Council in 1979. The City Council first approved a rating system for determining the relative priority of various potential undergrounding projects in November 1972. The system was subsequently revised in June 1977 and July 1979. The rating system consists of many factors that help in determining the ranking of potential projects. The factors are: FACTOR MAXIMUM NUMBER OF POINTS Traffic Volume Entry to City Aesthetic Benefits Presence of Parks and/or Public Buildings Relationship to approved undergrounding district! previously undergrounded facilities Associated construction project Property owner funding 15 5 10 5 12 15 10 A more detailed description of the rating system is attached as Exhibit "A." We also are attaching Exhibit "B" which shows a developed list that illustrates that Fifth Avenue ranks 21st in relation to other projects in the current program. If points had been given for an associated construction project, it would have tied for 15th place. Exhibit "C" shows the mileage of the projects the cost to underground (i.e. streamline). Staff believes, as before, that the Conversion Program should be limited to the undergrounding of utilities along the City's major thoroughfares in order to make the goals of the program more realistic and obtainable. The adopted Conversion Program is believed appropriate because: 1) It would convert utilities along the most travelled streets in Chula Vista and thereby improve the aesthetic value of the City's major thoroughfares; 2) The benefit obtained from a more scenic environment would be enjoyed by a greater number of people, both residents and visitors to our City; and 3) These roadways adjoin or pass through the City's civic, recreation, and scenic areas. Fifth Avenue has a relatively low average daily traffic volume (ADT) and is not considered a major thoroughfare. Based on the adopted rating system, it does not rank high enough to be included on the priority listing of the Utility Undergrounding Conversion Program. The )~:2. Page 3, Item / ~ Meeting Date 9/17/91 construction of Fifth Avenue between "L" and Naples Streets is nearing completion. The contractor wanted to place the final layer of pavement during the week of September 9, 1991. The contractor has already indicated he wants additional pay if we delay him past September 13, 1991 on completing the paving. The undergrounding work would require us to cut through the newly installed pavement and sidewalk in most of the street section. However in some areas, the undergrounding work could take place behind the sidewalks, especially in the area between "L" and Arizona Streets. According to the Development Coordination and Construction Time Requirements Chart developed by SDG&E, it could take up to 51 weeks before the start of actual undergrounding construction and it could take up to 75 weeks before the poles are removed. Overall the process of undergrounding the utilities could take as much as two years before completion. The other utility companies (pacific Bell and Cox Cable) do not allocate conversion funds based on a set formula as in SDG&E's case. They must, instead, annually budget sufficient funds to cover conversion projects agreed upon by the Underground Utility Advisory Committee. Since Fifth A venue is not part of the program, the utility companies will need additional time to better plan and allocate resources for its undergrounding. According to SDG&E, the streamline estimate for undergrounding the utilities on Fifth Avenue between "L" and Naples Streets is $625,000. If we were to delay placement of the final layer of pavement in order to have a good travel surface following the undergrounding construction, the following ramifications must be addressed : 1) The contractor might ask for full payment of the profit that would be realized if the job were to be completed; 2) Drainage mitigation measures will need to be taken in order to allow proper drainage flow in the gutters; 3) The manhole rims will remain higher than the surrounding pavement elevations and might create a hazardous situation; and 4) The street would be left incomplete for a period that could be as much as two years and the residents would be further inconvenienced for that period of time. Because of the timeliness of completing the contract and the above considerations, the contractor is proceeding with the final paving. While the concern raised was a good point, the timing made the undergrounding difficult at this point. This item could always be reviewed later if it becomes a concern of the residents. On the Fifth Avenue projects between Naples Street and Orange Avenue, the construction plans are essentially complete and we have been working with the utility companies on the relocation plans. We have now indicated to them that this work should be held off pending a decision on whether or not we would be undergrounding the utilities. Since we have a project getting ready to go to construction, it is appropriate to determine now if the utilities should be undergrounded. The estimated cost to underground this last phase of Fifth Avenue is $750,000. The total amount of uncommitted 20A Allocation Funds is $4,393,368. The City receives approximately ley':> ~ Page 4, Item /J:> Meeting Date 9/17/91 $1.2 million additional each year. As indicated in Exhibit "C" the total cost of all of the possible utility undergrounding projects is $17,848,600. Because of the relatively low ranking of Fifth Avenue from Naples Street to Orange Avenue, we recommend that the priority list be followed in implementing the City's Utility Undergrounding Conversion Program. Based on this report, we do not recommend that the . utilities on Fifth Avenue be undergrounded at this time. We will follow up in the very near future with a report on the entire Utility Undergrounding Conversion Program for reconsideration. The next phases of Fifth Avenue will not be scheduled until the City Council has had more of an opportunity to review the entire program. SMN/FILE# KY-078 LY-033 L Y -040 SMN:SBI A-l13S/UNDRGRND.SMN 091391 J5~i June 20, 1979 Exhibit A Sheet 1 of 3 Sheets RATING SYSTEM FOR UNDERGROUNDING OF UTILITIES TRANSMISSION AND DISTRIBUTION FACILITIES PROJECTS A. EXPOSURE 1. Traffic Assign one point for every 2,000 ADT. Use estimated post-construction ADT for projects under construction, or financed and scheduled for construction within two years. MAXIMUM POINT VALUE - 15 points 2. Entrance to City Assign 5 points for segment approximately one-quarter mile in length and terminating at a freeway interchange (either existing or under construction). FIXED POINT VALUE - 5 points (Total A-I plus A-2 = a maximum of 20 points) B. AESTHETIC BENEFIT 1. Assign a maximum of 10 points on the basis of the evaluating group's perception of the BENEFIT of undergrounding the segment. The points are to be assigned based on a comparative evaluation of the characteristics of the segment. Factors to be considered include but are not limited to: a. Number of Signs b. Width of Street c. Number of Poles, height & diameter d. Number of Crossarms e. Number of Circuits f. Height and Location of Existing Buildings (setbacks) g. Character of adjacent properties (residential, commercial, etc.) h. Presence of Street Trees MAXIMUM POINT VALUE - 10 points (continued on next page) /~.> PAGE 2 2. Parks and Public Buildings Assign points dependent upon size, aesthetic value, and location of park or public building relative to project area (Note: Normal points for principal park or building frontage, 3 points; side exposure, I point). MAXIMUM POINT VALUE - 5 points (Total Item B-1 plus Item B-2 - Maximum 15 points) C. RELATIONSHIP TO APPROVED UNDERGROUNDING DISTRICT/PREVIOUSLY UNDERGROUNDED FACILITIES 1. Assign 5 points to the project if it extends either an approved undergrounding district or a previously undergrounded facility. FIXED POINT VALUE - 5 points 2. Assign 10 points to the project if it is a closing link between any combination of approved undergrounding district( s) and/or previously undergrounded facilities. FIXED POINT VALUE - 10 points 3. Where the proposed project intersects either an approved undergrounding district or a previously undergrounded facility, assign one point to each leg (whether to the right or to the left). MAXIMUM POINT VALUE - 4 points 4. Assign a maximum of 5 points to the project if there is either an approved undergrounding district, or previously undergrounded facilities exist along one side of the subject street segment. MAXIMUM POINT VALUE - 5 points (Total Item C-l plus Item C-2 plus Item C-3 plus Item C-4 = a maximum 12 points) D. ASSOCIATED CONSTRUCTION Assign 15 points to a street segment scheduled for widening during the current or next fiscal year. FIXED POINT VALUE - 15 points (continued on next page) /S:t PAGE 3 E. PROPERTY OWNER FUNDING Assign a maximum of 10 points where property owners formally agree to finance a significant share of undergrounding the distribution and/or transmission facilities. MAXIMUM POINT VALUE - 10 points SB/ A-I13S/UNDRGRND.SMN 091391 1,5',/ //5..1j ~ - ~ ~ ~ - ~ ~ :!! ~ ~ ~ - a - ~ g a = I ~ - ;:; ~ 8 ~ = ~ = = ~ ~ = ~ I a = ~ = ~ = a ~ = ~ a - = ~ I ~ ~ - = ~ = ~ - a ~ '" a = * ~~ <> = =~ ~~ = ~~ = - ~ = ~~ = = i = a ~ - ~ = 8 = ~ = - - a ~ ~ = = - if ~ = ~ ~ = ~ =- -~ ~= ~= g ~ ~ ~ ~ = = ~ ~ - ~ = ~ ~ - ~ -~ -- -= ~= ~8 ~ u ~ * ~ ~ ~ ~ 0 ~ 0 ~ ~ u =~ ~ ;:1 " ~ ~ ~ ~ :;; ~ ~ ~ ~ ~ ~ - - - ~ - ~ ~ ~ ~ ~ ~ --~~~~~~-~~~-~~~--~~~ ---~~~~~~~~-~~~~~---- co .......... ..... .......... 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O~~~...~~.........._~O....O._....~~~~_~ ~. C1..co:IC.' 000. ~o~~o. 00c:>~ * ~ ~ ~~ ~ > ~~ ~ ~ /5"'8" l ~ ~ ~ u ~ ~ ~ ~ ~ .! * ~ ~ * ~ ~ * ~ ~ ~ ~ - o - o ~ ~ B = ~ = o ~ ~ ~ * - ~ ~ EXHIBIT "C" UTILITIES UNDERGROUNDING PROJECTS II LENGTH STREAMLINE STREET SEGMENT (MILES) ESTIMATE 1 F our1h Avenue Nor1herly City Limits to "E" SI. 0,70 $2,217,600 2 "E" Street Broadway to Cor1e Maria Ave, 1.30 1,716,000 3 Palomar Street 1-5 to Industrial Blvd. 0.25 396,000 4 Broadway '''C'' SI. to "E" SI. 0.40 633,600 5 Main Street Industrial Blvd. to Fourth Ave. 0.90 1,425,600 6 " L" Street Monser-ate Ave. to Nacion Ave. 0.40 633,600 7 "L" Street Four1h Ave. to Third Ave. 0.25 396,000 8 Otay Valley Road Oleander Ave. to Brandywine Ave. 0.20 316,800 9 Otay Lakes Road Ridgeview Way to East"H" SI. 1.00 1,584,000 10 Otay Lakes Road East" H" SI. to Apache Dr. 0.50 792,000 11 "L" Street Fifth Ave. to Founh Ave. 0.25 396,000 12 Fourth Avenue "H" SI. to "L'" SI. 0.50 792,000 13 Otay Lakes Road Bonita Rd. to Cam. del CeL Grande 0.70 1,108,800 14 Fourth Avenue "L" SI. to Orange Ave. 1.25 1,980,000 15 Fifth Avenue Naples SI. to Orange Ave. 0.60 750,000 16 Otay Valley Road Brandywine Ave. to Maxwell Rd. 0.60 950,400 17 "F" Street Church Ave. to Del Mal' Ave. 0.06 79,200 18 Orange Avenue Fifth Ave. to Fourth Ave. 0.30 396,000 19 Orange Avenue Fourth Ave. to Third Ave. 0.30 396,000 20 Orange Avenue Palomar SI. to Fifth Ave. 0.20 264,000 21 Fifth Avenue "L" SI. to Naples 51. 0.50 625,000 ----- ----------- ----- ----------- TOTAL 11.16 $17,848,600 * This ~st was developed to show how Fifth Avenue ranks in relation with other projects in the current program. Is;, <j ~ <( 0:: (!) o 0:: a. (!) z - c z :) o 0:: (!) 0:: l&.J C Z :) en l&.J i= - ...J - ~ :) !: '" "''''''' ..."'... uO:u "''''''' 30.., 0: 0: 0 a. a. 0: o ~ a.. ",,,,0 ...... '" "'uen ..J",o a. -, a. ~oo o 0: II: u a. a. o z '" '" '" ..J ... I i AVE. AVE. o\~t. t.~'" ,....... 805 A"(III>o'oJE.. ","(II l>o'oJE.. o'fll>o'i \1\'.01>0 ~ ""E.E.'fI" ~ J.r~/I) ~ IW L:I 1- <I > I<' 1<1 I- I- :I: ~ 1- :I: 1- ilL II STREET -;L ~~ . , ~ - a: . , UIiI i .. - -. - ~ t <I h...l.J - - 0 ~~ - - -- = w - u ..- --- E-4E-4 I - ~ --, E ~oo /' "- , ----- STI~EET~~ _ ~oo , - WESTBY z~ ' ~ - ~ - -- ,: ./\, .r--- .1..iii /11 I O~ --{ARIZONA ST. "c: ... /T I .: RI 70N lJ, '~ ~< ~z t cs:: ~~ I w 'd - '" ~ <I OE-4 : rT - ~ . t- '" ~~ : ' I ' i II-T ~ - t- o '" ;I ~~ MOSS - - STREET - - ~E-4 , II - : I , -- ~~ - :w YKES - . ~:; . WYK DE~EY . - I'iQ OOZ r- - - ~ ; - ~~ - E< - H :WELTON . E~ . E< . .... - ; . . E< WELTON . - - t.I =E-4 : I I -U - - '1 - . - I'iQ . - '" . . E-4~ - NICKMAN - . 0 - - . STR - - I:t: ;;;J~ . - . - Po , I . - . - - . - . - CLARISS - . - . . . . - I I I . . . . . . - - - .. ~ NAPLES STREET ... ~ . '" I~ ~~ 1'1: - . N Po ... U . - WAY Y. 0 III: '" - /i I I ~ ~ E-t .. U >t RSON 8 III - EM" -' 1 a .. :z: I'iQ I- g:: ~ II. Ii Q u. I ;f:.I/ COUNCIL AGENDA STATEMENT Item It, ';1'7/91 " , Meeting Date ITEM TITLE: Recommendation of the ResoW"ce Conservation Commission on the "Environmental Agenda for the 90's" rri SUBM ITTED BY: Chairman of the ResoW"ce Conservation Commission 1<7 RIVIEVID BY: (4/5 Vote: Yes ---No_> Council Referral No. _ Beginning in A ugust of 1990 the ResoW"ce Conserwtion Commission considered the "Environmental Agenda for the 90's" as submitted by Mayor Tim Nader. who was Councilman Nader at the time. The August meeting '\VaS conducted as It. public hearing with input from the development community and the Sierra Club. There are 57 items to this agenda and they are attached. Each item includes Mr. Nader's proposal and the Commission's recommendation. RECOMMENDATION: That Council adopt the 57 item Environmental Agenda for the 90's as amended by the Commission. DISCUSSION: See attached for recommendations for each item. , ' ,'l i It<, i.\.. /t-i I ITEMS FOR COUNCIL ACTION FROM -ENVIRONMENTAL AGENDA FOR THE 90'S · August 20, 1990 - (MSP) to recommend that City Council adopt as goals the document entitled "Items for Council Action from 'Environmental Agenda for the 90's" Items #1 through #57 except for Items #2, #6, #17, #20, #24, #25, #33, #40, #41, #44 and #52. MSUC to continue all remaining pulled Items #17, #20, #24, #33, #40, #41, #44 and #52 to. the next meeting. · 9/10/90 - 46 out of 57 items have been previously approved. · 9/24/90 - Review of the . Agenda for the 90's" was continued. Item #6 was awaiting input from the city attorney and staff; Item #24 - Board members just received a copy of the bill in question with inadequate time for review. · 10/22/90 - It was MSUP (Ray/Hall) to refer to City Council all items which previously had action taken by RCC. · 11/12/90 - It was MSUP (Hall/Ray) to continue items #2 and 25 of the "Environmental Agenda for the '90's. until the next regular meeting. · 1/7/91 - It was MSUP (Fox/Ray) to continue the item regarding "Environmental Agenda for the 90s" to the next meeting with review of previous minutes back to July 1990. · February 1991 - Items remaining for action: #2, #24, #25, #33, #44, #52 · 4/8/91 - Action was taken on the remaining items #2, #24, #25, #33, #44, #52 ...*. J~-;L ITEMS FOR COUNCn.. ACTION FROM -ENVIRONMENTAL AGENDA FOR THE 90'S 1. Council policy to undertake no further east-west streets or widenings for accommodation of more eastward development until p1anning is completed for new east-west public transit. 8/20/90 - Recommended that City Council adopt as goal. 2. A General Plan amendment precluding further approvals of major new projects which would have been illegal prior to the General Plan Revision of 1989 until the issues raised by council referrals on General Plan issues - provision of public transit, protection of residential neighborhoods from increased traffic, and a Growth Management Element to the General Plan have been resolved. 8/20/90 - After several motions, it was MSC to combine Items #2 and #25 singularly and label it #2, taking no action on approval at this time. 9/10/90 - combined into one item with #25; further discussion to continue with full commission. 10/22/90 - MSUP to move to continue items #2 and 25 to the next meeting. 4/8/91 - It would appear that the necessity for #2 and 25 are no longer valid due to projected adoption of the Growth Management Element to the General Plan. 3. Directing staff to prepare a long-term plan for the construction of a citywide system of bicycle lanes to make bicycling convenient and safe throughout the city, with a phased plan for implementation through the capital improvements budget. 8/20/90 - Recommended that City Council adopt as goal. 4. A new zoning ordinance requiring mixes uses (e.g., neighborhood commercial and residential) within walking distance of each other in new development, and facilitating mixes uses consistent with community character in previously built areas, subject to design review. 8/20/90 - Recommended that City Council adopt as goal. S. A new street design ordinance, requiring new streets to be designed to be driven at a safe speed for pedestrians (not just motorists), prohibiting high-speed design on residential streets and near schools and senior centers, and requiring the provision of usable and safe bicycle lanes. 8/20/90 - Recommended that City Council adopt as goal. 6. A zoning ordinance requiring new employment centers to be situated within convenient walking distance of public transit services, with provisions for partnerships between developers and the city for the provision of such services where feasible. It--J -1- (rev. 4/91) 8/20/90 - (after several motions made and withdrawn) it was MSUC to continue Item #6 to the next meeting for the purpose of reviewing the item and preparing more suitable language and so the Commission's concerns and objections can be addressed. (Opinion from the City Attorney, representative from Planning n:quested to address the Commission's concerns). 9/10/90 - MSUP to continue until staff can adequately report on it. 9/24/90 - Continued - awaiting input from the city attorney and staff. 10/22/90 - Item #6 was waiting for City Attorney opinion, with the wording acceptable on the first part, and a n:quest that it be a policy on the general plan. 10/22/90 - It was moved and seconded (HalUGhougassian) that #6 be changed to "The City should encourage new employment centers to be situated within convenient walking distance of public transit services where feasible, and likewise, have provisions for partnerships between developers and the city for the provision of such services." (Motion passed 3-1) 10/22/90 - After much discussion, it was MSUP (HalUGhougassian) to eliminate #6 of the Environmental Agenda completely. 7. A Transportation Demand Management Ordinance. This ordinance would n:quire large employers, including the City, to prepare plans for a reduction in "drive alone" commutes during peak hours of over 50% within five years. Measures in transportation demand management plans could include carpooling, transit and bicycle incentives, flex hours and alternative workweeks, hiring from residential areas near the place of employment, or other measures to be determined in each plan. Plans should be monitored for compliance with goals, and goals should be periodically evaluated for their ability to achieve healthier air. 8/20/90 - Recommended that City Council adopt as goal. 8. Adoption of a city government transportation demand management plan in advance of the effective date of the above ordinance, including the measures listed above. 8/20/90 - Recommended that City Council adopt as goal. 9. . Direct staff to prepare a plan for the construction, through the capital improvements process (or with redevelopment funds in appropriate areas) of secure bicycle parking facilities at city facilities and commercial centers, giving priority to locations at businesses wishing to provide such improvements in partnership with the city. 8/20/90 - Recommended that City Council adopt as goal. II, -L/ -2- (rev. 4/91) 10. Adoption of an ordinance prohibiting contracts for EIRs which do not require the best possible quantification of impacts in areas mandated by CEQA, and prohibiting payment for unacceptable EIRs. 8/20/90 - Recommended that City Council adopt as goal. 11. Direct staff to identify projects impacting Chula Vista where environmental and traffic forecasts on which policy makers relied turned out to be seriously wrong, to hire a consultant not connected to any such projects to conduct a study of how they went wrong, and to provide recommendations for correcting the process in the future, as well as on any remedies the city may have. 8/20/90 - Recommended that City Council adopt as goal. 12. Request a staff report on current air quality maintenance programs for city equipment, with recommendations for improvements if appropriate. 8/20/90 - Recommended that City Council adopt as goal. 13. Adopt an ordinance containing a preferential procurement policy for clean fuels (within realistic economic parameters) and requiring an annual public report on implementation. 8/20/90 - Recommended that City Council adopt as goal. 14. Send a letter from the City Council to Mayor O'Connor of San Diego, the Chair of the County Board of Supervisors, and the mayors of the other cities in the county asking them to join in a cooperative effort to explore the feasibility and desirability of creating a public energy distribution utility while opening energy production to the free market. 8/20/90 - Recommended that City Council adopt as goal. IS. Direct our staff, as intervenors in any proceeding concerning proposals for new SDG&E facilities in Chula Vista, to demand proof of air quality claims, and to oppose any such proposals in the absence of proof that they will improve our air quality and that SDG&E will be held to any assurances it gives by the prospect of meaningful penalties for violations of any agreements. 8/20/90 - Recommended that City Council adopt as goal. 16. Send a letter to the California Energy Commission outlining our agreement with SDG&E concerning the rezone of their Chula Vista land and putting on the record of any Energy Commission proceeding the invalidity under that agreement of any implication that new industrial uses by SDG&E on our bayfront are consistent with local land use regulations. 8/20/90 - Recommended that City Council adopt as goal. It -f -3- (rev. 4/91) 17. Consider an Open Space zone alternative for at least part of the SDG&E bayfront property . 8/20/90 - MSUC to continue this remaining pulled Item to next meeting. 9/10/90 - MSUP for RCC to recommend to City Council to adopt as goal the consideration of open space zone designation for at least part of the Bayfront property to include but not be limited to the site being considered for the additional power plant. 18. Adopt an indoor smoking law patterned after San Diego County's. 8120/90 - Recommended that City Council adopt as goal. 19. Direct staff to report on the possible establishment of a fund, similar to that proposed at the federalleve1 by the Environmental Defense Fund, to subsidize the removal of lead from older Chula Vista homes. This report should include an analysis of need, and, if the need is shown, of possible funding sources, e.g., a ballot measure to tax lead products. 8/20/90 - Recommended that City Council adopt as goal. 20. Direct staff to prepare a policy, with input from the Environmental Health Coalition and appropriate others, to eliminate the use of polluting chemicals by the city and prescribing alternatives. 8/20/90 - MSUC to continue this remaining pulled Item to next meeting. 9/10/90 - MSUP for the commission to recommend to the City Council to adopt as goal the direction of staff to prepare a policy, with input from the Environmental Health Coalition and appropriate others, to eliminate wherever feasible, the use of polluting chemicals by the city and prescribing alternatives. 21. Adopt a city policy to identify and prohibit the purchase of any unnecessary products the production, use, or disposal of which is harmful to the earth's ozone layer, and assure that all staff with purchasing authority receive a copy. 8/20/90 - Recommended that City Council adopt as goal. 22. Adopt an ordinance requiring work on automobile air conditioners to be performed with equipment to prevent the escape of ozone-depleting chemicals into the environment, with the effective date delayed until a similar ordinance is adopted in all jurisdictions in the county. 8/20/90 - Recommended that City Council adopt as goal. 23,,; Add support for the Bates ozone layer protection bill to the city's legislative program. 8/20/90 - Recommended that City Council adopt as goal. II, -t, -4- (rev. 4/91) U. Add support for Assemblyman Peace's A.B. 1332 to phase out chlorofluorocarbons from automobile air conditioning by 1995 to the city's legislative program. 8/20/90 - MSUC to continue this remaining pulled Item to next meeting. 9/10/90 - MSUP to request that staff obtain a copy of Assemblyman Peace's A.B. 1332 to get the intent and impact of said bill; item continued to October 1st meeting after information is obtained. 9/24/90 - Continued - Board members just received a copy of the bill in question with inadequate time for review. 4/8/91 - It was MSUP to take no action either in favor or in opposition of this item due to inadequate information as to the status of the bill to make such a decision. ~. Hold off on further tentative map approvals for major projects relying on the 1989 -General Plan revision until that revision - including a Growth Management Element with implementation measures - is complete. 8/20/90 - Motion to combine Item 2 and 25 singularly and label it #2, taking no action on approval at this time. 9/10/90 - Combined as one item with #2; further discussion to continue with full commission. 10/22/90 - It was MSUP to move to continue items #2 and 25 to the next meeting. 4/8/91 - It would appear that the necessity for #2 and 25 are no longer valid due to projected adoption of the Growth Management Element to the General Plan. 26. Adopt an ordinance requiring new developments to be considered by the Parks and Recreation Commission, with that commission's recommendation being put before the City Council at the time of any council action, and prohibiting council approval prior to such input. 8/20/90 - Recommended that City Council adopt as goal. 27, Adopt an ordinance for the creation of open space and parks acquisition assessment dHtricts. 8/20/90 - Recommended that City Council adopt as goal. 28. Adopt an Open Space zone. 8/20/90 - Recommended that City Council adopt as goal. It-? -5- (rev. 4/91) 29. Adopt an ordinance requiring redevelopment plans to be considered by the ]>lanning &rnm;Qion and the Resource Conservation Commission prior to City Council action. 8120/90 - Recommended that City Council adopt as goal. 30. Adopt a Sensitive Lands Ordinance for the protection of slopes, canyons, riparian habitats and other environmentally sensitive lands. 8/20/90 - Recommended that City Council adopt as goal. 31. Adopt a policy requiring certification, prior to approval, of projects' compliance with the General Plan Growth Management Element, the "Threshold" standards, and Proposition V, with the understanding that projects not in compliance with the latter are required by law to gain a unanimous council vote to win approval. 8120/90 - Recommended that City Council adopt as goal. 32. Adopt an ordinance requiring all development agreements to contain provisions halting development where the "threshold" standards are not met. 8/20/90 - Recommended that City Council adopt as goal. 33. Adopt an ordinance amending the "threshold standards to measure compliance by impacts en cost and quality, as well as quantity, of city services, and by impacts on public safety. 8/20/90 - MSUC to continue this remaining pulled Item to next meeting. 9/10/90 - MSUP to continue this item until the October 1st meeting when input is received from the Planning Dept. as to how they will accomplish this goal, what measures to use, and the impact on public safety. 4/8/91 - MSUP to recommend that City Council remove this item altogether from the Environmental Agenda for the 90's. 34. Adopt an ordinance requiring new developments to show they will pay their own way in staffing needs as well as capital improvements. 8/20/90 - Recommended that City Council adopt as goal. 35< Send a letter from the City Council to the Growth Management Oversight Committee, Ute Planning Commission, the Parks and Recreation Commission and the Resource Conservation Commission emphasizing the council's intent to give these bodies the widest possible latitude to develop policy recommendations for the council. 8/20/90 - Recommended that City Council adopt as goal. It. -?'-6- (rev. 4/91) 36. Adopt a Tree Preservation Ordinance. 8120/90 - Recommended that City Council adopt as goal. 37. Direct staff to consider a future Arbor Day program similar to that being implemented this year in Escondido. 8/20/90 - Recommended that City Council adopt as goal. 3&. Direct staff to prepare an RFP for a study (to be done jointly with neighboring jurisdictions if they wish) to identify future job demands and training needs in our locale and to recommend education, training and economic development measures, with assistance from a city Economic Development Commission. 8/20/90 - Recommended that City Council adopt as goal. 39. Direct staff to work with the Environmental Heal Coalition to develop a model Toxic Waste Reduction Ordinance. 8/20/90 - Recommended that City Council adopt as goal. 40/ Send letters from the city to legislators and local judges reiterating our desire for greater protection - toul!her sentencin~ - of methamphetamine manufacturers. 8/20/90 - MSUC to continue this remaining pulled Item to next meeting. 9/10/90 - MSUP for council to send letters from the city to legislators and local judges reiterating our desire for greater protection from methamphetamine manufacturers and other illegal drugs, by tougher sentencing. Item #40(a) - It was MSUP (GhougassianlRay) to rescind the previous motion on Item #40 as just approved, to amend the motion to reflect the same language as previously stated, and to adopt Item #40 as Item #40(a) to read, .Council to send appropriate letters in sentencing proceedings involving illegal drug activity in Chula Vista, reminding judges of the seriousness of this activity and the need for protecting the public. . II;" , -7- (rev. 4/91) 41. Send appropriate letters in sentencing proceedings involving methamphetamine manufacturing in Chula Vista, reminding judges of the seriousness of this activity and the need for protecting the public. 8/20/90 - MSUC to continue this remaining pulled Item to next meeting. 9/10/90 - MSUP for council to send appropriate letters in sentencing proceedings involving methamphetamine manufacturing and illegal drug activity in Chuta Vista, reminding judges of the seriousness of this activity and the need for protecting the public. !l!a) 9/10/90 - MSUP to amend Item #41 to #41(a), and to change the language to read, .Council to send appropriate letters in sentencing proceedings involving illegal drug activity in Chula Vista, reminding judges of the seriousness of this activity and the need for protecting the public. . 42. Establish a program for collecting all recyclable materials (glass, aluminum, paper) generated at City Hall. 8/20/90 - Recommended that City Council adopt as goal. 43. Establish a timetable for citywide curbside recycling. 8120/90 - Recommended that City Council adopt as goal. 44., Adopt a program similar to Irvine's to restrict the sale and use of unnecessary products harming the environment through ozone depletion and non-recyclability. 8/20/90 - MSUC to continue this remaining pulled Item to next meeting 9/10/90 - MSUP to continue this item until October 1st when there is further review of Mr. Peace's bill. 4/8/91 - MSUP to recommend that City Council remove this item altogether from the Environmental Agenda for the 90's due to lack of information. 45. Direct our staff to establish neighborhood recycling centers and negotiate appropriate p10lfup services. 8/20/90 - Recommended that City Council adopt as goal. 46. Adopt an ordinance requiring new development to provide recycling facilities~ 8/20190 - Recommended that City Council adopt as goal. !/,..../P-8- (rev. 4/91) 47. Adopt a Toxics Disclosure Ordinance. 8/20/90 - Recommended that City Council adopt as goal. 48. Empower the Resource Conservation Commission to review generation and uses of toxic waste in Chula Vista, and make recommendations for reductions. 8/20/90 - Recommended that City Council adopt as goal. 49. Direct our staff to provide us with an interim updated report on alternatives to continued participation in or payment for the Metro sewer system, including alternative treatment technologies. : 8/20/90 - Recommended that City Council adopt as goal. 50 Direct our staff to implement enhanced streetsweeping prior to forecast storms. 8/20/90 - Recommended that City Council adopt as goal. 51. Establish a Conservation Finance Authority to provide low- and no- interest loans to homeowners and businesses for capital improvements conserving energy and water. 8/20/90 - Recommended that City Council adopt as goal. 52. Adopt an ordinance requiring retrofit of residential buildings at time of sale with simple, cost-effective conservation technology (insulation and low-flow fixtures), using funding from the Conservation Finance Authority and Development Impact Fees assessed on developments consuming energy and water resources. 8/20/90 - MSUC to continue this remaining pulled Items to next meeting. 9/10/90 - MSUP to continue this item until October 1st meeting, time permitting, when Councilman Nader or city attorney is contacted for further information. It is further requested that staff be present or have a comment draft from the Planning Dept. regarding this item. 4/8/91 - Recommended that City Council adopt as goal. 53. Adopt an ordinance requiring new developments to use drought-tolerant landscaping, and to include CC&R's requiring drought-tolerant landscaping. 8/20/90 - Recommended that City Council adopt as goal. ~ Direct our staff to prepare a plan for expanded use of reclaimed water in city facilities. 8/20/90 - Recommended that City Council adopt as goal. ;t"'II-9- (rev. 4/91) 55. Establish neighborhood planning groups to provide input on development and planning proposals affecting the community. 8/20/90 - Recommended that City Council adopt as goal. 56. Direct the Resource Conservation Commission to provide or arrange for quarterly articles on local environmental issues in our city newsletter, and to work with the city's public information coordinator to develop better communication with the public on environmental and planning issues. 8/20/90 - Recommended that City Council adopt as goal. ~. Direct staff, through our FY 1990-91 budget, to either hire a staff person at the Deputy City Manager level with a solid environmentalist background, or to retain private environmental expert to work directly with city policy makers on all policy issues having environmental implications. 8/20/90 - Recommended that City Council adopt as goal. *.*.. / t -/.2.- 10 - (rev. 4/91) MEMORANDUM September 9, 1991 TO: Members of the City Council FROM: Mayor Tim Nader SUBJECT: Environmental Agenda for the 90's For the convenience of Council, I have grouped the items for action in the "Environmental Agenda for the 90's" under several categories. Hopefully, this will facilitate easy referencing and discussion of the various ordinances and policies proposed. Air Oualitv 7. A Transportation Demand Management Ordinance. As you know, APCD and SANDAG are considering transportation management schemes which would require punitive taxes on employers and/or employees. My proposal would permit large businesses (and the City) the flexibility of adopting a plan suited to the needs of a particular employer or region, allowing more creativity in meeting the objectives of the Clean Air Act, and avoiding the use of taxes and fines for firms which devise successful plans. It would be my hope that quick adoption and implementation of this proposal could become a model for our region, and could avoid the unfavorable impacts on our region's economy that would likely result from current proposals by APCD and SANDAG (impacts which would be greatly exacerbated by the so called "Twinports" proposal). I am advised that Clean Air Act would allow us to implement such a measure, provided that APCD does not mandate any additional measures. 8. A City Government Transportation Demand Management Plan in Events of the Effective Date of the Ordinance Implementing #7, above. 12. Direct a staff report on Air Quality City equipment with appropriate forthcoming. Maintenance Programs for recommendations to be 13. An ordinance implementing a preferential procurement policy for clean fields where economically feasible. 15. A policy directing staff to intervene in any hearings concernIng proposals for new SDG&E facilities to assure guarantees of reduction in air emissions. /J,/;:J 18. Indoor Smoking Law. 21. Prohibiting procurement of products harmful to the ozone layer, in distributing set policy to all staff with purchasing authority. 22. Automobile Air Conditioner Ordinance delayed until a similar ordinance jurisdictions in the County). (with effective date is adopted in all 24. Support for State Legislation to phase out chlorofluoro carbons from automobile air conditioning by 1995. (Footnote: RCC made no recommendation on this item "due to inadequate information as to the status of the bill". I am advised by Assemblyman Peace's staff that AB 1332 died in Committee, but that similar legislation may be introduced in a future session). 36. Tree preservation ordinance. 37. Arbor Day Program. 44. Restriction of sale of unnecessary ozone depleting/non- recyclable products. Transportation 1. Moratorium on further east-west street extensions or street widenings for accommodations of eastern growth until east-west public transit planning is completed. 3. Long term planning for bicycle lane system incorporated in capital improvements budget. 4. Mixed Use Zoning Ordinance. 5. Street design ordinance. 9. Bicycle parking facilities. Administrative Policies 10. Prohibiting contracts for EIR's which do not require the best possible quantification of impacts, and prohibiting payment for unacceptable EIR's. 11. Baring re-use of consultants. TNN:dv 1~'li From the Office of the City Attorney City of Chula Vista Legal Opinion Date: September 15, 1991 From: Bruce M. Boogaard, City Attorney D. Richard Rudolf, Assistant City Attorney To: Honorable Mayor and Councilmembers cc: City Manager Jim Thomson Re: Council Staff 1. Reauest for Advice. At the request of the Council, the Council will receive and deliberate upon a report from the City Manager with regard to alternative approaches to Council Staffing. Many issues will arise during such deliberation, many of which are legal in nature. I have been requested by the Manager's office to supplement such a report with my opinion on the legal issues involved in the decision confronting you. This report is intended to provide that legal advice. 2. Leaal Issues Presented. The duties which the Council want the "Council Staff" to perform will define the consequences. "Duty definition" is critical because it will be the basis for determining who has the relevant Personnel Power. Given that the duties are defined, the following is a summary of the legal issues which I see as presented by the City Manager's report: 2.1. Does the Council have the authority to create Council Staff Positions ("Position Creation Power")? staff4.wp September 15, 1991 Memo re Council Staff Page 1 2.1.1. Is a Supermajority Vote required? 2.1.2. Can the Supermajority Vote requirement be avoided by contracting for the service? 2.2. Who has the power to appoint a person to fill the Council staff position ("Appointment Power")? Since, as you will see, the power of appointment flows from the existence of a Department, the following inquiry become relevant: 2.2.1. Who has the power to create a department ("Department Creation Power")? 2.2.2. Who has the power to assign the position to a Department ("Position Allocation Power")? 2.3. Who has the power to supervise the Council staff ("Supervisorial Power")? 2.4. Who has the power to set the duties of the position ("Duty Assignment Power")? 2.5. Should classification protection be assigned to such positions, and if so, who has the power to confer such protection ("Classification Power")? 3. Preface and Precautions. The relation of this subject matter to the heart of our government--its Charter--bears some preface and precautionary advice. 3.1. Council Staff was not contemplated by the Drafters. After thoroughly reviewing the Charter, it is my opinion that the Charter drafters "probably" did not contemplate or consider a situation in which the Council would have any staff more extensive than a Private Secretary to serve both the Mayor and Council. 1 1. section 500, Appointment and Removal of Officers and Department Heads, provides, in section (a): " (a) Appointment. .. .there shall be in the Unclassified service a private secretary for the. . Mayor and Council who shall be appointed by the respective officers for whom they serve." (continued. . . ) staff4.wp September 15, 1991 Memo re Council Staff Page 2 However, given this, we can not ignore the authority of the Charter. The Charter drafters recognized that they were creating a power distribution document, and had to believe that it would require interpretation as it may be applied to new demands and new requirements on the City as it grows and expands. They provided for the power to create additional departments as the demands of the City grew, and they provided for the power to combine shrink or abolish departments as the demands for service subs ided . 2 Just as the Supreme Court is required to interpret a federal Constitution whose framers did not contemplate issues of abortion or radio signals at the time of its creation, all of us are re- quired to interpret, and sworn to uphold, the City's constitu- tion--its Charter--as the source for the power distributed to our respective departments and offices. 3.2. Status of City Attorney's Opinion. It is, for better or worse, the function and duty of this Office to provide such interpretation. As a word of caution, my opinion is not law. The Charter is the law. To the extent that it is well reasoned, this Opinion may be given some considerable weight by a reviewing Court, and hopefully, by the People of the City, the Council, and the City Manager. 1. ( . . . continued) The authors recognize that, at Section 304, defining the Mayor's duties, the drafters contemplated the assignment of personnel to the Mayor/Council Office: ". . .In addition to said powers and duties, the Mayor shall have the power and duty: .. .(6) to supervise the operation of the Mayor/council office and personnel assigned thereto. " However, such language is not inconsistent with the Private Secretary assigned by the Charter to the office of Mayor/Council. 2. Section 501, Administrative DeDartments, First Paragraph: " The City council may by ordinance not inconsistent with this Charter provide for the creation of additional departments and the assignment of general functions to such added departments, and may also abolish specific functions preformed and the department performing such abolished functions." ("Department Creation Clause") staff4.wp September 15, 1991 Memo re Council Staff Page 3 3.3. Interpretation and Judgment is Required in Rendering this Opinion. Unfortunately, the Charter is not a model of consistency and clarity at certain points relevant herein. Certain judgment calls are required to be made after balancing arguments for and against an interpretation. Our tools are limited to logic, common sense, judgment, rules of statutory construction, and a single case decided within our own appellate district dealing with a similar effort by the City of San Diego.3 Expressed herein is my best effort in making such interpre- tations. 4. Summarv of Conclusions. 4.1. Define the Duties. The conclusions to these legal issues presented depend, almost exclusively, on the duties to be assigned to the Council Staff. If the Council wants the Council Staff to perform simply as extensions of their own persona--their "alter egos" ("Alter Ego Council Staff")--there is one set of conclusions. If the Council wants the Council Staff to perform "administratively" ("Administrative Council Staff"), there is another set of conclusions. 4.2. Whv is there a difference between Alter Eqo and Administrative Council Staff. and what is the difference? The reason for the distinction between Alter Ego and Administrative Council Staff is created by the Charter establishment of the Council/Manager form of government, explained in more detail below. Alter Ego Staff would be required to have such unofficial4 duties, by their jOb specification, as the Council could perform themselves, such as inquiry, analysis, research, substitute rep- resentation at community meetings, and message-carrying functions. However, the position should be categorized as Administra- 3. Hubbard v. city of San Diego (1976) 55 Cal App. 3d 380, 127 Cal. Rptr. 587., a copy of which should be attached. 4. Obviously, the Council Staff would not be able to engage in official acts of the assigned councilperson, such as voting or signature of documents. staff4.wp September 15, 1991 Memo re Council Staff Page 4 tive Council staff if anv Dart of the duties include requiring interaction with, or "utilization of", persons reporting under the City Manager of a more extensive nature than mere inquiry, or in any way directing or encouraging the City Manager or any of his departments to perform in any particular way. For example, a Council staff which was required or permitted to attend the City Manager's agenda preparation meetings, or department head meetings, or be required to work with the City Manager in the preparation of a council agenda report prepared by or through the city Manager's Office would be categorized as Administrative Council staff. 4.3. Position Creation Authoritv. Under either type of staff, the Mayor/Council, as a unit, has the authority to create, by the budgetary process, Council Staff positions. If done mid-budget year, it will require four affirmative votes because it creates positions--this is a budgetary amendment to the "position plan"s. 4.3.1. Avoidinq the SUDermaioritv Vote Requirement. Although not recommended, the creation of positions can be avoided by contracting for "Council Staff" services, and therefore this supermajority vote requirement may be reduced to three affirmative votes. However, unless an appropriation already exists in the budget of the department to which the "position" is allocated, the Charter will require an appropriation, and hence four affirmative votes. Thus as to Contract Alter Ego Staff to be, by definition, assigned to the City Council "department", funds must be appropriated to, and expended from, the City Council budget. As to "Contract Administrative Council Staff", funds will need to be appropriated to, and expended from, the city Manager budget. 4.4 position Allocation: ADDointment and SUDervisorv Power. 4.4.1. Administrative Council Staff If the Council desires Administrative Council Staff, the position is required, by the Council/Manager form of government, to be assigned ("Position Allocation Power") to one or another of the City Manager's departments, as the Ge~Reil may seleet. The City Manager, or the department head to which the 5. If the creation of annual budget approval affirmative votes. the positions is part of the normal, process, it could be done with three staff4.wp September 15, 1991 Memo re Council Staff Page 5 position is assigned, has the power to fill ("Appointment Power") such position, and to supervise ("Supervisorial Power") such position. 4.4.1.1. Contract Administrative Council Staff. As to Administrative Council Staff, the Council/ Manager form of government would not tolerate the subterfuge of a "contract employee" engaged by the Council as a means of avoiding the consequence that the Appointment Power resides in the City Manager. Although not recommended, an Administrative Council Staff could be engaged by contract as long as the City Manager is vested with the contractor selection authority.6 4.4.2. Alter Eqo Council Staff. If the Council desires Alter Ego Council Staff, the Council has the power, by adoption of an ordinance, to constitute themselves as a "department" of the City. 4.4.2.1. Delav Problem. Such an ordinance could not become effective for approximately 35-40 days except upon a finding that such urgency is necessary to preserve the pUblic peace, health, safety, and general welfare,7 and then, only by four affirmative 6. Our Municipal Code, at Section 2.56.220 (C), establishes the procedures to be used for the selection of "consultants". It requires the City Manager to appoint a selection committee and to recommend the appointment to the City Council for approval. However, this ordinance created procedure would not survive scrutiny as applied in this unique case to Administrative Council Staff, because it would permit the Council to act like an "appointing authority" over a service assigned exclusively to the City Manager by the Charter. 7. Section 311, Adoption of Ordinances and Resolutions, provides: " (d) Emergency Ordinances. Any ordinance declared by the city Council to be necessary as an emergency measure for preserving the public peace, health, safety, and general welfare and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least four affirmative votes. staff4.wp September 15, 1991 Memo re Council Staff Page 6 votes of the Council.s If the Council constitutes themselves as a "depart- ment", they would have the power to allocate the position to the City Council Department, and they would have the Appointment Power to fill the position or positions by majority vote of their body. The Supervisorial Power over such employee, short of discipline or termination, would reside in the Mayor. Disciplinary and termination authority would reside in the entire Council. As an anomaly of a Charter provision, the City Manager will have to approve the Council's appointment of their proposed Council Staff appointees. 4.4.2.2. Contract Alter Ego Council staff. Unlike Administrative Council Staff, the Council/ Manager form of government would not create an obstacle to the retention of Alter Ego Council Staff by contract, because by definition of their duties, they could not interfere with the administrative arm of the city. Nevertheless, it is not recommended because a "contractor" relationship is not being proposed, and no particular advantage exists from the perspective of being able to avoid the Supermajority Vote Requirement. 4.5. Classification Power. An Alter Ego Council Staff person should, but is not legally required to be, in the unclassified service, thus serving at the pleasure of the Mayor/Council. For the purposes herein relevant, the Council has this "Classification Power". 4.6. Dutv Limitations. As Alter Ego Council Staff, certain duty limitations should be placed on them. In addition to prohibiting "administrative activity" for which the City Manager has ultimate responsibility, such duties should also be carefully written to prohibit 8. The 30 day period after the Council adoption and prior to the effective date of an ordinance is commonly referred to as the "referendum period". It was designed to give the People the time to exercise their Referendum Power by collecting and fileina a petition to "refer" the ordinance to the voters. Since we are dealing with a matter very close to the heart of the power distribution scheme created by the People in the Charter, this is particularly a case in which the Referendum Period should not be lightly slighted. Accordingly, I would recommend against the urgency finding, but it is clearly within the judgment of the Council. staff4.wp September 15, 1991 Memo re Council Staff Page 7 political activity on behalf of the assigned Councilperson, or prohibit activity in any matter in which the Councilperson may have a financial conflict of interest. ("Duty Limitations") 4.7. Should the Council have Council Staff? There are non-legal and collaterally-legal matters which the Council should consider which do not necessarily constitute an obstacle to the creation of Council Staff. I feel it is my responsibility to bring these to your attention, regardless of how you may feel about such staffing. Analysis and Discussion .2...... Backqround ConceDts . 5.1. Our Charter Establishes a Council/Manaqer Form of Government. The Charter is to a city what the Constitution is to the Federal Government. It is, for local government, the "power distribution document". It tells the people and their local representatives who has the authority, or power, to do what. In virtually all forms of local government that exist, the elected representatives establish policy. However, the manner in which the power to implement that policy is allocated is the key variable that defines the form of local government. Our Charter establishes what is referred to as a "Council/ Manager" form of government. This is a form of government characterized by the fact that it distributes to the elected representatives--the Council--the power to set policy, and it distributes to the City Manager the power to formulate policy alternatives and to implement such policy as is set by Council. It may be contrasted to another form of local government referred to as the "strong Mayor" form of government which distributes policy setting and policy implementation duties to the Office of Mayor. It may also be contrasted to the Mayor/ Administrator form of government where policy implementation powers are shared between the Office of the Mayor and a Chief Administrator Officer. The names or "stereotypes" assigned to the form of government do not define the distribution of power--the charter provisions do. However, the form of government selected by the Charter framers establish "a framer's intent" with which to interpret the charter provisions where there may be ambiguities in the precise language, imprecisions in the draftsmanship, or staff4.wp September 15, 1991 Memo re Council Staff Page 8 situations which are not specifically addressed in the Charter. As this memo will document, the current issue of "council staffing" presents charter interpretation issues in this zone. ~ How does our Charter establish a Council/Manaqer Form of Government? All powers to function as a City, not otherwise distributed by the Charter, are vested in the Council.9 The "administrative power"--Le., the power to implement policy set by the Council--has been "otherwise distributed" exclusively to the city Manager. section 400'0 charges the city Manager to be the "executive officer" of the City. 11 section 401 further defines that, by "executive officer", the City Manager is "the head of the administrative branch of the City government, and [is] responsible to the City Council for the proper administration' of all affairs of the city. ,,12 9. Sec. 201, Powers Vested in Council, provides: " All powers of the City, except as otherwise provided in this Charter, shall be vested in the City Council." ("Residual Jurisdiction Clause") This Residual Jurisdiction Clause is important in cases where there is an silence in the Charter. 10. All section references are to the Charter except as otherwise indicated in the text. 11. Sec. 400(a), "City Manager", provides: " (a) Appointment; Salary. There shall be a City Manager who shall be the executive officer of the City; to be appointed by and serve at the pleasure of the city Council. The city Manager shall be chosen on the basis of administrative qualifications and shall be paid a salary, fixed by the Council, commensurate with responsibilities." 12. At section 402, the City Manager is even given the power to "participate in deliberations of the City Council, but shall not have a vote." staff4.wp September 15, 1991 Memo re Council Staff Page 9 The Charter specifically cautions the Council not to involve' itself into "administrative affairs"--but to leave such affairs to the judgment and discretion of the City Manager. The Charter is very clear and very adamant about this. It establishes. as a penaltv for its violation. "loss of office"! Section 305, entitled "Prohibited Acts" is the "cornerstone" of the Council/Manager form of government, and deals exclusively with the dichotomy between policy setting and administrative powers: " No member of the Council shall directly or indirectly, by suggestion or otherwise, attempt to unduly influence the City Manager or other officer appointed or confirmed by the Council in their performance of duties. The Mayor and the Councilmen are hereby individually and collectively prohibited from performing any administra- tive or executive functions except as same may be authorized by this Charter or by ordinance of the City of Chula Vista. Except for the purpose of inquiry, the Council and its members shall deal with that part of the administrative service for which the City Manager is responsible solely through the City Manager. A violation of the provisions of this section by any member of the Council shall constitute misconduct for which the offending member may be removed from office by the Council." Thus, if the Council Staff are in any way entitled to interfere with the City Manager's administration of the affairs of the City other than by inquiry, or to otherwise inject themselves into the administrative arm of the City, this Council/Manager form of government requires that they report to, be appointed by, and exist to serve the City Manager. This then is the basis for the distinction between Alter Ego Council Staff and Administrative Council Staff. As Administra- tive Council Staff, their overriding purpose will be to enhance the Manager's liaison with the Council. 6. The Charter's Division of Personnel Authoritv. Council Staffing, like other staffing decisions, is an exercise of the Personnel Power set forth in the Charter. In an apparent effort to curb potential abuses in personnel practices in local government, the Charter drafters divided the Personnel Powers among different Offices of the City in a manner more fractured than is typically seen in private sector staff4.wp September 15, 1991 Memo re Council Staff Page 10 employment practices. Our Charter recognizes at various points, a deliberate division of the Personnel Powers. For the purposes of this opinion, the Personnel Power is "fractured" into at least the following categories under the Charter: 1. The decision that the job is needed ("Position Creation Power"). 2. The assignment or allocation of the created position to an Office or Department ("Position Allocation Power"). 3. defining Power" ) The power to create departments for the purpose of who has the Appointment Power ("Department Creation 4. The power to designate a person to fill the position ("Appointment Power") . 5. The power to veto the exercise of the Appointment Power (" Approval Power"). 6. The power to assign duties to the position ("Duty Assignment Power"). 6. The right to supervise the employee ("Supervisorial Power") . 7. The power to confer civil service protection to a position ("Classification Power") . We will herein attempt to explain how the Charter distributes each of these subpowers of the Personnel Power at least for'purposes relevant hereto--the Council Staff issue13. 7. Can the Council Create "Council Staff" positions? Conclusion: Yes, except for Charter-established "Offices", the position Creation Power has been assigned to the Council. 13. Other divisions of the personnel power, not relevant here, are created in the Charter. For example, the right to discipline and terminate is divided, based on classification status, between various persons. staff4.wp September 15, 1991 Memo re Council Staff Page 11 While recognizing some Charter ambiguity14, on balance, it is our o~inion that, as to all positions not categorized as an "Office" 5, the City Council has the Position Creation Power, which is exercised through the adoption or amendment of the Budget. The Budget can be adopted by three affirmative votes.16 It 14. section 501, Administrative Departments, Third Paragraph, provides, in pertinent part: " The City Council shall control by budget the number and compensation of all positions, unless otherwise mandated by this Charter." ("Number and Compensation Clause") The authors recognize that this does not specifically state that the Council has the power to create positions, just control the number and pay. This has to be judged as a drafting oversight and should be interpreted to mean: "the Council shall control . . .the existence, number and compensation of all positions, . . ." The position Creation Power is not elsewise distributed except less precisely in the same section, Second Paragraph: "The City Manager shall . . .provide staff for the departments for which the City Manager is responsible." Was "shall . . .provide staff" intended to establish the City Manager's power to create positions in the face of the Number and Compensation Clause cited above? We think not, especially in light of the historic practice that the City Council has always been responsible, through the budgets, for creating positions. In light of the Residual Jurisdiction Clause, it is our judgment that the city Council is vested with the Position Creation Power. 15. An "Office" is a charter-created position which can not be abrogated by the Council. The Mayor and Councilperson, City Clerk, City Manager, City Attorney, and the Finance Director are examples of "Offices". See Section 505 which permits the Council to assign additional functions or duties to "offices", departments or agencies, but may not abrogate same. 16. See Section 1004, Budqet. Further Consideration and Adoption, which provides, in pertinent part: (continued. . . ) staff4.wp September 15, 1991 Memo re Council Staff Page 12 may only be amended mid-year by four affirmative votes'7 ("Supermajority Vote Requirement"). 7.1. Can the Mid-Year Supermaioritv Vote Reauirement be Avoided? Conclusion: Perhaps, but only if the Council staff is provided for by contract, and the Department to which the Council staff is assigned (Councilor Kayer Manaaer) has sufficient funds appropriated thereto. staff has attempted to prepare scenarios under which the Supermajority Vote Requirement could be avoided if the majority of the Council so insisted. Under most all scenarios presented, four affirmative votes will be required. scenario 1. If there were sufficient funds available under the City Manager's "budget amendment" authority, could the City Manager transfer (i.e., appropriate) sufficient funds for the positions without requiring a "Budget Amendment"? Conclusion: Yes, if the Council Staff type selected is the Administrative Council Staff, appointed by and serving under the authority of the City Manager. The Council, at the time of the adoption of the Budget, delegated certain limited "amendment authority" to the City Manager.18 While I believe that this was a 16. ( .. . continued) " . the City Council shall . . .adopt the budget by the affirmative votes of at least three members. . " 17. See section 1005, Budaet. Appropriations, Second Paragraph, which provides, in pertinent part: " At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least four members." 18. See Budget Adoption Resolution, No. 16216, attached as Exhibit B, which provides, in pertinent part: "BE IT FURTHER RESOLVED that the appropriations attached are approved as the budget for the 1991-92 fiscal year and that the City Manager and the Director of Finance be authorized to transfer appropriations within control accounts for all (continued. . .) staff4.wp September 15, 1991 Memo re Council Staff Page 13 legitimate delegation of budget-amendment authority,19 according to the City Manager, the "inter-departmental" aspect of this language was intended to allow the transfer between the department of "vacancy savings" between accounts. "vacancy savings" are unexpended appropriations resulting from routine turnover, or vacancies, in positions resulting from retirements, career advancements, terminations, etc. The department in which they occur are somewhat unpredictable, but given the large employment base of the City, the amount can be historically predicted with some accuracy. This clause was designed to permit the City Manager discretion to shift those saving to the departments in which they actually occur. Accordingly, it would be inappropriate for the City Manager to use this clause as authority to appropriate compensation for newly created positions which can't otherwise muster the Charter-sanctioned vote requirement. However, the Budget adoption resolution cited above also has an "intra-departmental" aspect, giving the 18. ( . . . continued) services and to transfer appropriations between control accounts for Employee Services only." Control accounts are "departments". Note that the City Manager can therefore transfer funds "intra-departmentally" and "inter- departmentally". 19. There is nothing in the Charter that requires a line-item bUdget--a budget which would have limited the City Manager to expending the City resources only for the specific purpose described by each individual line item. Rather, section 1005 states that "the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective object and purposes therein named." Consistent with the requirements that their be a "depart- mentalization" of expenditures, the City Council adopted a modification, or blend, of the line item budget because in the adopting resolution, it gave the city Manager certain transfer, or "administrative amendment" authority. staff4.wp September 15, 1991 Memo re Council Staff Page 14 City Manager the authority to transfer funds between different accounts in the same Department. This was designed to give the Manager "managerial flexibility" in administering the affairs of the City. Thus if existing funds are already appropriated to the city Manager's Department, and are transferred from one account to another by use of his delegation of "budget amendment" authority, the City Manager could make the funds available to pay for an Administrative Council Staff, but not an Alter Ego Council Staff. Scenario 2. Could the contingency fund of $30,000 in the "non-departmental" account, normally under the control and direction of the Council to handle small contingencies throughout the year without requiring a Supermajority Vote, be used to create the Council Staff positions? Conclusion: No, it would still be a budget amendment of the "position plan". Without reference to the peculiarities of our City, a budget is, in its primary sense, a "spending plan" for the City that requires the identification of resources and sets forth the plan for the expenditure of those resources. A budget typically contemplates a "position or personnel plan" as part of the "spending plan" but it is not normally considered a sine aua non of budgets. However, under the authority of the Number and Compensation Clause cited above, our Charter has elevated the "position plan" component to an integral part of the budget in that it gives control over the number and compensation of allfositions to the Council through the budgetary process.2 Historically, all new positions are created at the budget approval hearings, or have been enacted only with four affirmative votes. Therefore, it is my opinion that any time there is any mid-year change in the "position plan", with or without a corresponding resource reallocation, that four affirmative votes are required. Scenario 3. Could the service required by the Council Staff 20. Section 501 cited above. staff4.wp September 15, 1991 Memo re Council Staff Page 15 be obtained by contract, thereby avoiding the creation of positions? Conclusion: Yes, if there are already sufficient resources previously appropriated to the discretion of the department or office and purpose served by the "contractor"--i, e., the City Council. Then funding would be within the transfer discretion of the City Manager. Although not recommended, the service can be obtained by contract. It is not recommended because the key distinguishing feature between an "independent contractor" as opposed to an "employee" is that an employee is directed as to the ways and means of performing his duties. An "independent contractor" is given a task to accomplish, and is left to his own devices as to the way and means of achieving it.21 We have admittedly, in past practices, blurred this distinction in having services performed by a "contract employee" when it served other departments or offices of the city. It would be hypocritical now to assert its impropriety as applied to benefit the Council.22 If used despite its inadvisability, nevertheless, the "contract employee" practice can not be used to assign administrative duties in violation of the authority of the City Manager to control all administrative matters. However, as a general concept, the Charter requires that, prior to expenditure, there be an appropriation to the department or office served by the expendi- 21. See discussion at 38 Cal. Jur. 3d Independent Contractors, Section 2. 22. However, this Office intends to continue its course of action discouraging "contract employees" in the future because (1) we may not have the shelter of tort liability immunity for injury to such employees; (2) there may be liability to the IRS for failure to withhold taxes; and (3) as "real" but unrecognized employees, we may be required to make PERS contributions with regard to the cost of their service. staff4.wp September 15, 1991 Memo re Council Staff Page 16 ture.B It would be an intolerable violation of the Charter-approved budgetary scheme to spend consultant money appropriated to the Public Works department on a consultant designed to serve the Parks Department. For the same reason, the Charter will not permit, without amendment, the expenditure of funds on Council Staff-- be it employees or contractors--from a department other than the city Council. Scenario 4. Could the contingency fund of $30,000 in the "non-departmental" account, normally under the control and direction of the Council to handle small contingencies throughout the year without requiring a Supermajority Vote, be used to create the Council Staff bv contract? Conclusion: Yes, but it will still require appropriation to the City Council "department" budget. This scenario is a blend of Scenario 2 and 3. It was designed to avoid the "position plan" amendment problem which, as in Scenario 2, required amendment to the budget, and 4/5ths vote. It avoids the Scenario 2 constraint by contracting for the service. However, it does not pass the Scenario 3 hurdle since the contingency account in the "Non-Departmental" budget is not appropriated to serve the Mayor/Council Office or "department".24 ~ Who has the Appointment Power to fill the Council Staff positions?--the Charter Allocation of Appointment Authoritv. 23. See Section 1005, "Budget. Appropriations" provides: "From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments. offices and aqencies for the respective obiects and purposes therein named." (emphasis added) 24. The description of the Non-Departmental "budget" in our 1991-92 Budget reads as follows: "The Non-Departmental budget is unusual since it is a collection of miscellaneous items which either involve the entire City or do not fit within any single departmental budget." staff4 . wp September 15, 1991 Memo re Council Staff Page 17 Even though the Charter allocates the position Creation Authority to the Council, it has reserved most of the Appointment Authority to the City Manager, or to the Department Head as herein explained. As to "appointive positions"--the City Manager, City Attorney, City Clerk, and a private secretary to the Mayor/ Council--the Charter gives exclusive Appointment Power to the Council. 25 As to Assistant and Deputy positions, the Charter gives Appointment Power to the supervisor of the position--the City Manager, city Attorney or City Clerk--but reserves Approval Power to the Council. 26 As to other officers and department heads27, the Charter gives the City Manager the Appointment Power, but reserves in the City Council the Approval power.28 25. section Sec. 500, Appointment and Removal of Officers and Department Heads, which provides, in pertinent part: " (a) Appointment. The City Manager, City Attorney and City Clerk shall be appointed by and serve at the pleasure of the City Council . . . In addition, there shall be in the Unclassified Service a private secretary for the City Manager, City Attorney and the Mayor and Council who shall be appointed by the respective officers for whom they serve." 26. Section 500 (a) continues: ". . .AII other officers and department heads of the City and the Assistant city Manager shall be appointed by the City Manager subject to the approval of the City Council. The city Attorney shall also appoint Assistant or Deputy City attorneys as may be authorized by the Council, subject to the approval of the Council, who shall be in the Unclassified service. The City Clerk may also appoint Assistant or Deputy City Clerks as may be authorized by the Council subject to the approval of the Council who shall be in the Unclassified Service. " 27. At least, those under the control of the City Manager. See Section 501. 28. See also, Section 401 (a) which provides, in discussing the powers of the City Manager, in part, as follows: (continued. . . ) staff4.wp September 15, 1991 Memo re Council Staff Page 18 As to all other employees, which would include, presumably, Council Staff, the Charter gives to the Department Head and/or "appointive officer,,29 the Appointment Power over such "employees as are provided for by the City Council,,30 for their department or office, and reserves to the City Manager the Approval Power over all such employees.31 Thus, in this scheme of things, except as the Charter distributes special appointment powers to the Council, and appointive Offices (Manager, Clerk, Attorney, Private Secretaries), the Appointment Power over a position flows from being designated as a Department Head of a "department" to which the position is assigned. Hence, the ability or power to assign a position ("Position Allocation Power") to a department becomes theoretically critical. As applied to Administrative Council Staff, the Manager or other existing department head would have the Appointment Authority. 28. (.. . continued) " Subject to the provisions of Section 500 of Article V of the Charter, the City Manager shall appoint all department heads and officers of the City except elective officers and those department heads and officers whose power of appointment is vested in the City Council, and pass upon and approve all proposed appointments and removals by department heads and other appointive officers." 29. Appointive Officer is a reference to the City Clerk, the City Manager or the City Attorney. 30. Under their Position Creation Authority in the "Number and Compensation Clause", Section 501. 31. Section 507, Department Heads: Appointment Powers, provides: " Each department head and appointive officer shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for their department or office, subject to the civil service provisions, or as provided by ordinance of the Council as authorized by Section 500(a) of this Charter, and subject to prior approval of the City Manager." This is consistent with Section 401(a) defining the powers of the City Manager. staff4.wp September 15, 1991 Memo re Council Staff Page 19 However, as to Alter Ego Council Staff, the question arises as to whether the Mayor/Council is a Department. 9. Is the Council/Mayor Office a Department Sufficient to Permit Them to be the Appointinq Authoritv? Conclusion: No, but the Council has the authority to make themselves a department, and an ordinance is attached which will accomplish such an objective. The Charter treats the Council and Mayor as an "office". An Office is a charter-recognized position, the main consequence of which is that it can not be abolished or modified by the Council. There are five elective offices--the Mayor and Councilmembers-- and there are at least four appointive offices--the city Manager, the city Clerk, the City Attorney, the Finance Director. However, the Charter recognizes and treats Offices differently from Departments such as to lead us to conclude that an Office is not, by Charter, a department. The Charter does not, of itself, recognize the City Council32 as a separate department of the City. In contrast for example, it does so recognize a Finance Department.33 However, at section 501, "Administrative Departments", the Council is granted the power to create additional departments by ordinance~ not inconsistent with the Charter~ and assign general functions to such added departments. 32. Or the City Clerk or the City Attorney--these are considered Offices in the eyes of the Charter. 33. Section 504, Director of Finance: Powers and Duties, provides, in pertinent part: " There shall be a Finance Department headed by a Director of Finance, who shall have power and be required to. . ." 34. The requirement that the Department Creation Power has to be created or provided for by ordinance dispels the notion that the adoption of the budget, an act which occurs by resolution, has the power to constitute the Council as a department. 35. section 501, Administrative Departments, First Paragraph, provides: (continued. . . ) staff4.wp September 15, 1991 Memo re Council Staff Page 20 The Council has exercised this "department creation" ~ower by creating, by ordinance, for example a Police Department , a Fire Department37, Park and Recreation Department~, and a Community Development Department39. Would the Charter tolerate an ordinance which creates a "Mayor/Council Department" so as to permit the Mayor/Council to have appointing authority? While there appears to be authority on each side of this very important issue, it is my opinion that the weight of the authority would permit the Council to constitute itself as a Department. In the first instance, the Charter appears to recognize that there may be departments other than departments subject to the City Manager's direction. In the second paragraph of Section 501, the Charter states: " The City Manager shall be responsible for the organizational structure of all departments subiect to the Citv Manaqer's direction, including their divisions, sections, crews and other necessary unit components and shall assign duties, delegate administrative powers, and provide staff for the departments for which the Citv Manaqer is responsible." This implies, in two separate places,40 that the Charter drafters contemplated that there may be need to be other 35. (...continued) " The City Council may by ordinance not inconsistent with this Charter provide for the creation of additional departments and the assignment of general functions to such added departments, and may also abolish specific functions preformed and the department performing such abolished functions." 36. Municipal Code Chapter 2.09. 37. Municipal Code Chapter 2.10. 38. Municipal Code Chapter 2.16. 39. Municipal Code, Chapter 2.18. 40. A repetition which suggests to this author a deliberate consciousness. staff4.wp September 15, 1991 Memo re Council Staff Page 21 departments which may be created for which the City Manager may not be responsible--even at a time when they were creating a very rigid Council/Manager form of government. This could have been a reference to the future creation of a "City Attorney's Department" or the "City Clerk's Department", but the Charter is just as silent as to the creation of departments around such Offices as it is for a "Council/Mayor Department" around the Office of Mayor/Council. Second, in the case of Hubbard4', the Fourth Appellate District42, gave dictum sanction to such a practice. In Hubbard, the City of San Diego Council attempted to create an "administrative" department that reported to the Council, circumventing the City Manager's Office. This was found to be illegal as a violation of their Council/Manager form of government. In doing so, however, the appellate court gave implicit recognition and sanction to a charter provision43 giving the Council the authorit~ to create departments--not dissimilar to our own provision . In Hubbard, the San Diego City Council constituted 41. Cited above, copy attached. 42. i.e., the one governing San Diego County. 43. San Diego City Charter, section 26, Administrative Code, provides: "The existing Departments, Divisions and Boards and existing Offices of the city Government are hereby continued unless changed by the provisions of this Charter or by ordinance of the Council. The Council shall be ordinance, by majority vote, adopt an administrative code providing for the detailed powers and duties of the administrative offices and departments of the City Government, based upon the provisions of this Charter. Thereafter, except as established by the provisions of this Charter, the Council mav chanqe. abolish. combine. and rearranqe the decartments. divisions and boards of the citv Government crovided for in said administrative code. but such ordinance creatinq. combininq. abolishinq or decreasinq the cowers of anv decartment. division or board shall require a vote of two- thirds of the members elected to the Council.. . . " (emphasis added)." 44. section 501, cited above. staff4.wp September 15, 1991 Memo re Council Staff Page 22 themselves as Departments, which under another Charter section45, entitled them allegedly to staffing. To this effort, the Hubbard Court said: " The right must be recognized of the Council as a body, and of each member of the Council, to employ one or more assistants to do clerical, research, analytical, reporting and communications work to facilitate the performance of the duties of the legislative body and its members. Included in that category would be agents to obtain desired information from the Manager, and to analyze it and the proposed budget for the benefit of the members of the Council individually or collectively. Such agents or employees would be only representatives of the Councilor its members operating in extension. Such representatives, acting on the initiative and under the direction of the Councilor its members clearly differ from a department of the City working on its own initiative and with its own administrative head and in its internal administration independent of both Council and Manager." This is powerful dictum46 by our own Appellate Court in a case which is indistinguishable of relevant facts from ours, and is the only case our office could find on the entire subject matter after doing a nationwide search. It can not be lightly ignored. Third, as we have established, the Charter gives the council the authority to create positions--including Alter Ego Council Staff positions. It is illogical to conclude that no avenue should be available to the Council to permit them to appoint such persons to fill the position, but to require them to be filled by someone they do not serve. Such a conclusion would put an intol- erable burden on the City Manager if he would refuse a Council- person's suggestion for the position. 45. Section 117, San Diego city Charter. 46. Dictum is a gratuitous jUdicial observation or remark in a case which is not essential to its determination or resolve. As such, dictum is exempt from the application of the doctrine of Stare Decisis--"the policy of courts to stand by precedent and not to disturb settled points." Black's Law Dictionary, Revised Fourth Edition. In otherwords, other appellate court can more easily dismiss such a remark. staff4.wp september 15, 1991 Memo re Council Staff Page 23 We therefore conclude that the Council may constitute themselves as a "department". In reaching this conclusion, we are mindful of the following countervailing arguments: (a) The title of the very section granting the Council power to create departments--Section 501--is "Administrative Departments". While not in itself controlling, it is some evidence that the drafters intended that this power be exercised with regard to formation of departments to perform the administrative functions of the City--functions which, by the "Council/Manager Form of Government", the Council is deliberately precluded. 47 This argument may be diminished by the fact that, typically in statutory construction, titles are not controlling over content. 48 (b) Furthermore, a reading of the third paragraph of Section 501, could lend itself to the construction that anv such department created by the Council under such authority would be headed by a designee of the City Manager49. Under such a reading, it is illogical to believe that if the drafters contemplated a Mayor/Council Department, they would have given the Appointive Power over their department head to the City Manager. However, one rule of statutory construction is that an attempt should be made to reconcile, if possible, the various 47. See previous discussion and Section 305, cited above. 48. Please note that San Diego Charter Section 26, quoted in footnote 43 above, like our own section 501, has the word "administrative" in the title. Unlike ours, however, the content of this Section 26 limits the "department-tinkering" power of the Council to "administrative departments", does not specifically say they can "create" a department, and lets them exercise their "power creation" authority only on a supermajority vote requirement. In otherwords, our Charter distributes a broader "Department Creation Power" to our City Council than does the San Diego Charter distribute to their Council! 49. Section 501, Third Paragraph: ". . .Each department so created shall be headed by an officer designated as department head who shall be appointed by the City Manager, subject to the approval of the City Council." staff4.wp September 15, 1991 Memo re Council Staff Page 24 parts of a statutory law. Such a reconciliation is readily available: The city Manager's Appointment Power over "each department so created" is limited to such departments as are "subject to the City Manager's direction" and "for the departments for which the City Manager is responsible". 50 This argument may be dismissed if the Appointing Authority language is recognized as modifying the creation of such departments subject to the City Manager's direction, and not all departments. (c) The consequence of "departmental existence" is Appointive Authority over employees assigned to it.51 Yet 50. It is appropriate at this point to restate all of section 501, in its entirety, with emphasis added to clarify this point: "Sec. 501. Administrative Departments. The City Council may by ordinance not inconsistent with this Charter provide for the creation of additional departments and the assignment of general functions to such added departments, and may also abolish specific functions preformed and the department performing such abolished functions. The citv Manaaer shall be responsible for the oraanizational structure of all departments sub;ect to the Citv Manaaer's direction, including their divisions, sections, crews and other necessary unit components and shall assign duties, delegate administrative powers, and provide staff for the departments for which the citv Manaaer is responsible. The City Council shall control by budget the number and compensation of all positions, unless otherwise mandated by this Charter. Each department so created shall be headed bv an officer desianated as department head who shall be appointed bv the City Manaaer. sub;ect to the approval of the citv Council." 51. See previous discussion, and section 507, which provides: " Each department head and appointive officer shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for their department or office, . . ., and subject to prior approval of the City Manager." staff4.wp September 15, 1991 Memo re Council Staff Page 25 Approval Authority over "all other positions" is reserved to the City Manager.52 It is somewhat illogical to believe that the drafters contemplated a Mayor/Council Department where they would have had to succumb to the City Manager's discretion for the approval of their own Council Staff. Please note that we prefaced this Opinion with a recognition that the Charter drafter's probably had not contemplated Council Staff--a failing which is not fatal to the long term viability of the document. This has to be simply recognized as an anomaly that the city Manager will have to approve or reject the Council's appointment of their proposed Council Staff. 10. The Position Allocation Power--Who has the Power to Assiqn a Created Position to a DeDartment? Even if a Department of Mayor and Council ("Council Department") gets created, how does the Charter distribute the power to allocate a created position to the "Council Department"? Specifically, even if the Council were to create Alter Ego Council Staff, if the Manager--not the Council--has the power to allocate such positions to a department, the Manager could theoretically obstruct and redistribute the collateral Appointment Power from the Council to the Department to which the position is assigned. The Charter contradicts itself as to which Office--the Manager or the Council--has the power to allocate created positions to Departments. In support of this power residing in the City Council, we note that Section 507 recognizes that employees are to be provided bv the city Council for a department or office53. 52. section 507, Department Heads; Appointment Powers, in pertinent part, provides: " Each department head 'and appointive officer shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for their department or office, . . ., and sub;ect to Drior aDDroval of the City Manaqer." 53. Section 507, DeDartment Heads: ADDointment Powers, provides: Each department head and appointive officer shall have the power to appoint and remove such deputies, assistants, subordinates and emDlovees as are Drovided for bv the City (continued. . . ) staff4.wp September 15, 1991 Memo re Council Staff Page 26 section 505 provides that the city Council may assign additional functions or duties to an office or department of the city. 54 Section 501 gives them the power to assign general functions to such added departments. 55 In support of the case that the position Allocation Function resides in the city Manager, we note that the second paragraph of section 501, set forth above, makes the Manager responsible for the "organizational structure of all departments subject" to his direction, and shall "provide staff for the departments for which" he is responsible. This discussion, hopefully unlike the rest of the opinion, is more theoretical than practical. Once the Council creates Alter Ego Council Staff and the City Council Department, it is an academic exercise to worry about who, between the City Manager and the City Council, has the power to assign them to the city Council Department. Remember, as Alter Ego Council Staff, these are people that can only do the non-administrative bidding of the Councilperson. It would strain logic to suggest that whichever Office had the power, they would not assign them to the City Council Department. Having said that, we can only reconcile the parts of the Charter by saying that the Council has the power to allocate an administrative position, such as an Administrative Council Staff, to the city Manager's Office, who shall thereafter redistribute and reallocate that position to such a place in the organiza- tional structure as he deems appropriate. As to departments not assigned to the city Manager's Office, such as in the case of a 53. (.. . continued) Council for their department or office, subject to the civil service provisions, or as provided by ordinance of the Council as authorized by section 500(a) of this Charter, and subject to prior approval of the City Manager. (emphasis added) 54. section 505, Duties of Officers and Emplovees, provides: " The City Council, by ordinance, may assign additional functions or duties to offices, departments or agencies established by this Charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency." 55. See prior discussion and footnotes setting forth section 501. staff4.wp September 15, 1991 Memo re Council Staff Page 27 "to-be-formed" Mayor/Council Department, the Council retains full authority to assign the Alter Ego Council staff to the Council Department. 11. Who will have "suDervisorial authoritv" over Council Staff? Conclusion: the Mayor will have the authority to supervise "Alter Ego" Council Staff. The Manager, or his designee will have the authority to supervise "Administrative" Council Staff. The Mayor has the powers of all other Councilmembers, but is given certain additional powers which include, for example: the power to issue state of the city reports, the power to the official head of the city for ceremonial purposes, the power to take command of the police during time of public danger or emergency with the consent of the Council, to represent the City regionally, among others. Section 304 (b) (6) sets forth specifically that the Mayor was intended to be the Supervisor of all personnel assigned to the Mayor/Council Office: "(6) to supervise the operation of the Mayor/Council office and personnel assigned thereto." It is therefore my opinion that the Mayor would be the supervisor of Alter Ego Council Staff. If, on the otherhand, the Council Staff are Administrative Council Staff, the City Manager, or his department head, would have supervisorial control over the Council Staff. 12. What duties mav be assiqned to Council Staff? 12.1. Administrative Duties Restriction. An Alter Ego Council Staff may not perform, individually or on behalf of his designated Councilperson, "administrative functions" and may not interfere with the city Manager in his performance of "administrative functions". For the distinguishing features of administrative functions versus alter ego discussions, see section 4.2 above. 12.2. Official Acts. The Residual Jurisdiction provision of the Charter specifies that all powers not otherwise distributed are vested in the staff4.wp September 15, 1991 Memo re Council Staff Page 28 Council. 56 The People are entitled to the individual service and discretion of the Councilperson. We believe that the Charter would not tolerate a delegation of such official authority to any person, including Council Staff. As such, Council Staff would not be able to sign official documents on behalf of a Councilmember. They would not be able to participate in Council deliberations in lieu of their designated Councilperson. Of course, they would not be able to vote on their behalf. 12.3. Political Activities. The Council Staff should be specially cautioned that the prohibition against Political Activities would limit the duties assigned to the Council Staff. 57 12.4. Financial Conflicts of their Assigned Council. Both the Fair Political Practices Act and our own prohibition against illegal contracts prohibits the Councilmember from "direct" or "indirect" participation in conflicting 56. Section 201, cited above. 57. Section 707, Improper Political Activitv, which operates as a proscription on the activities of Councilmembers, would also operate with regard to Alter Ego Council Staff. It provides, in pertinent part: " No elective or appointive officer or employee of the City of Chula Vista, whether employed in the Classified or Unclassified Service, shall: (a) Directly or indirectly use, promise, threaten or attempt to use any official influence in the aid of any partisan political activity, or to affect the result of any election to partisan or political office or upon any other corrupt condition or consideration; (b) Solicit or coerce from any other officer or employee of the City of Chula Vista, any political assessment, subscription or contribution; (c) Use any office or position with the City in any activity in support or opposition to any person running for the City of Chula Vista Councilor Mayor. " staff4.wp September 15, 1991 Memo re Council Staff Page 29 transactions. The Council Staff may not participate in any transaction for their assigned Councilperson from which their assigned Councilperson would be precluded. 13. Should YOU have Council Staff--CollaterallY Leaal Precau- tionary Warninas? This is a policy choice that involves many other considera- tions than mere legality, although as outlined herein, there are some significant legal constraints on your choices. As part of a team of general policy advisors, this Office feels obligated that you be advised on all cOllaterally-legal concerns and on such other policy aspects as it sees with regard to this matter not otherwise presented. I recognize that I am treading into an area of policy advice for which I was not retained. I do so somewhat regrettably knowing that this is a matter containing a significant emotional charge. I feel that the points raised in this section need to be considered by the Council. Therefore, I will summarily present them without further policy elaboration. Keep in mind that they do not operate as a legal constraint on your authority to act, and may, of course, be summarily ignored. (1) Consider a Charter Amendment to Chanae the Form of Government. A shift in the distribution of power sanctioned by the Charter should be accomplished by review and approval of the People of the city. If any Councilperson believes that they will create the position of Council Staff, or permit their use, in the performance of administrative activities, this would represent a redistribution of the power contemplated by the Charter and the matter should be reviewed by the Charter Review Committee, reviewed by the Council, and then referred to the People for vote. (2) The Consumption of Time is the Price of Elective Service. The concept of "Council Staff" exists as a time-saving alternative for Councilpersons. It recognizably facilitates otherwise "busy" people to responsibly hold office. As such it will serve to bring into public service those which, due to their schedule, may otherwise be effectively precluded from office. In making your decision, consider the argument that a Coun- staff4.wp September 15, 1991 Memo re Council Staff Page 30 cilperson is elected to the Office on the premise that the People would have the benefit of his or her individual inquiry, analy- sis, research, meeting attendances, etc., as may be required by the Office, not other persons chosen by the Councilperson. In short, the Council Staff position should not be viewed as a time-saving substitute for "putting in the time" required by the Office. (3) The Potential for Abuse is Created. Once the bureaucracy is created, it will probably be irre- versible, even after all of us are "long gone". Council Staff creates the potential for long term abuse and possible appearance of future impropriety--not necessarily by any of the current Council, but by future office holders. It may inadvertently involve them in matters which may have legal and office-related consequences. For example, if assigned Council Staff performs adminis- trative acts, the issue will be raised as to whether it was on behalf or at the direction of the Assigned Councilperson. If directed, it may result in loss of office. If the act was unauthorized, it will merely give the appearance of impropriety. If the assigned Council Staff performs political activity, the issue will be raised as to whether it was on behalf or at the direction of the assigned Councilperson. If directed, it may result in sanctions. If the act was unauthorized, it will merely give the appearance of impropriety. If the Council Staff participates in governmental decisions in which the Assigned Councilperson may have a financial conflict of interest, the issue will be raised as to whether it was on behalf or at the direction of the Assigned Councilperson. If directed, it may result in sanctions. If the act was unauthor- ized, it will merely give the appearance of impropriety. In sum, a Councilperson may be entrusting their public service career, in part, to the judgment of their Council Staff. (5) Council Staff may oDerate to distance YOU from Administration. The existence of a "middleman" or "middlewoman" may operate to separate the city Manager's Office from the Elective Office. Messages may be sent back and forth via council Staff courier. Not only may the message be misconveyed, but the tone, inflec- tion, body language, and all other "non-speech" forms of com- munication that you may otherwise get through personal contact staff4.wp September 15, 1991 Memo re Council Staff Page 31 will be lost. Furthermore, a new personality, not possessing the "official" status of the Councilperson, will be injected into the communication process which may further distort the message. Conclusion. In this vein, we caution you that, while creating council Staff can be accomplished within the framework of the Charter, creating and filling Council Staff positions should be given serious consideration by the council, and simply because it may be legal, may not otherwise be advisable. staff4.wp September 15, 1991 Memo re Council Staff Page 32