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HomeMy WebLinkAboutAgenda Packet 1992/11/10 Tuesday, November 10, 1992 6:00 p.m. ~'I declare under penalty of perjury that I am oemp!,,:'e;! OJ U,e City of Chuln Vista in tM .Office c< ti'e U~y CJcr~ tn~J that I pos:ed ....!"'I.S (, ~rCI" ,'\\In I" .,<:\ .-.I~ ~ I. ^ r) lit' B it" "'.". j .....:, "_I<. ~.... .., j tlh. cU e In oard at . 'the rUJI:c ~~;s Bu'ldin;: an at Cit J!all 0 . Coun~ll Cha,:,b~rs DATED, '~,. ~ SIGNED ':b,tbhc Semces BUlldmg lar Meetin of the Ci of Chula sta Ci Re CAll. TO ORDER 1. ROIl. CAU.: Councilmembers Horton ~ Malcolm ~ Moore _, Rindone ~ and Mayor Nader _ 2. PLEDGE OF AlLEGIANCE TO THE FLAG. SILENf PRAYER 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. Presentation of three teachers from Odawara, Japan - Nancy Taboada, Chairperson, International Friendship Commission, will present three teachers from Odawara, Japan to the Mayor and Councilmembers. b. Retiring Board and Commission Member Resolutions: Board of Appeals - Jodee Arnold and Daniel Contreras Civil Service Commission - John Crouse and Lupe Jiminez Commission on Aging - Helen Stokes Design Review Committee - Jose Alberdi and Adrienne Landers Growth Management Oversight Commission - Hubert A Christensen (posthumously) and Nancy Palmer Human Relations Commission - Anne Fabrick International Friendship Commission - Betty Hammock Montgomery Area Planning Committee - Joseph Berlanga, Antonio Castro, Nancy Palmer, and Nancy Wheeland Planning Commission - Joe Casillas and Robert Tugenberg Resource Conservation Commission - John Ray CONSENT CALENDAR (Items 5 through 13) The staff recommendations regarding the following items listJ!d undo the Consent Calendar will be eruu:tJ!d by the Council by OIII! motion without discussion unless a Councilnumwer, a member of the publiJ; or City staff requests that the item be pulled for discussion. If you wish to speak on OIII! of these items, please fill out a "Request to Speak Form" availnble in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendJltion) Items pulled from the Consent Calendar will be discussed after Board and Conunission Recommendations and Action Items. Items pulled by the publiJ; will be the first items of business. 5. WRITTEN COMMUNICATIONS: a. Letter of resignation from the Southwest Redevelopment PAC - Lee Wheeland. It is recommended that Ms. Wheeland's resignation be accepted with regret and a letter of appreciation be sent. Agenda -2- November 10,1992 6. ORDINANCE 2533 ESTABUSHING TIiE TELEGRAPH CANYON SEWER DEVELOPMENT IMPACf FEE TO PAY FOR PARALLEL SEWER IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BillLDING PERMITS FOR CONSTRUCTION IN TIiE TELEGRAPH CANYON SEWER BASIN (second readinl!: and adoption) - In compliance with the Telegraph Canyon Sewer Basin Monitoring and Gravity Basin Usage Agreement between the City and EastLake Development, the City entered into a contract with Willdan Associates for preparation of the Telegraph Canyon Sewer Basin Improvement and Financing Plan. This plan and a subsequent addendum provide recommendations for sewer system improvements needed to accommodate ultimate wastewater flows in the basin and proposes a fee of $184 per Equivalent Dwelling Unit (EDU) to fmance the construction of these improvements. This is a one time fee paid when building permits are taken out and is not an ongoing fee. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) 7. RESOLUTION 16861 APPROVING A LEASE AGREEMENT WITH TIiE CHULA VISTA AMERICAN LEGION POST NUMBER 434 INC., AND AUTHORIZING TIiE MAYOR TO EXECUTE SAME - At the meeting of 11/3/92, Council, in reviewing the Agenda Report and Lease of the aforereferenced item, directed certain changes to the lease, the most significant of which is to provide that the City dedicate the proceeds of any insurance policy paid for by the Legion to find alternate housing for the Legion if the building which is the subject matter of the lease is destroyed (i.e., loss of greater than 50% of replacement value). Staff recommends approval of the resolution. (Director of Parks & Recreation) Continued from the meeting of 11/3/92. 8. RESOLUTION 16880 ACCEPTING DONATION, AUTHORIZING EXPENDITURE AND APPROPRIATING SAID DONATED FUNDS TO PURCHASE INSTRUCTION SUPPUES FOR TIiE POUCE DEPARTMENT'S GANG ALTERNATIVE PROGRAM - The Police Department recently received a $500 donation from the Loyal Order of Moose, Chula Vista Lodge 1927. The donation is designed to fund the purchase of instructional supplies for the Gang Alternative Program. Staff recommends approval of the resolution. (Chief of Police) 4/5th's vote required. 9. RESOLUTION 16881 AUTHORIZING TIiE EXPENDITURE OF AN AMOUNT NOT TO EXCEED $42,834 FROM TIiE CAPITAL OUTLAY FUND FOR TIiE NATURE INTERPRETIVE CENTER SEWER UNE AND APPROVING A LETTER OF UNDERSTANDING WITH TIiE UNITED STATE ARMY CORPS OF ENGINEERS FOR TIiE CONSTRUCTION OF SEWER FAeJUTIES WITHIN TIiE SWEETWATER MARSH LEVY ROAD - The U.S. Army Corp of Engineers has received bids for the improvement of the Levy Road (access to the Nature Interpretive Center). Included in the bid is an optional item for the construction of a sewer line, cleanouts, and items requested by the City to prepare the road to accommodate a future sewer utility. Staff recommends approval of the resolution. (Director of Community Development) 10. RESOLUTION 16882 APPROVING FINAL MAP OF TRACf 91-03, OXFORD TERRACE CONDOMINIUMS, ACCEPTING ON BEHALF OF TIiE CJTY TIiE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDMSION, AND APPROVING SUBDMSION IMPROVEMENT AGREEMENT FOR TIiE COMPLETION OF IMPROVEMENTS REQillRED BY SAID SUBDMSION, AND AUTHORIZING TIiE MAYOR TO EXECUTE SAID AGREEMENT - On 3/27/91, the Planning Commission approved the Tentative Subdivision Map for Tract 91-03, Oxford Terrace Condominiums. The Final Map for said Tentative Map is now before Council for approval. Staff recommends approval of the resolution. (Director of Public Works) Agenda .3. November 10,1992 11. RESOLlTnON 16883 ACCEPTING BIDS AND AWARDING CONTRACT FOR TIiE CONSTRUcnON OF SIDEWALK RAMPS (pHASE IX FISCAL YEAR 1992-93) IN TIiE CI'IY AND AUTIIORIZING TIiE DIRECTOR OF PUBUC WORKS TO EXECtITE CONTRACT CI-IANGE ORDER NUMBER ONE . On 10/14/92, sealed bids were received for the construction of sidewalk ramps. The low bid by Fox Construction was below the engineer's estimate by 7.3%. Staff recommends approval of the resolution. (Director of Public Works) 12. RESOLlTnON 16884 APPROVING TEMPORARY DAYl1ME CLOSURE FOR A PORTION OF TIiE 400 AND 500 BLOCK OF "G" STREET FOR SEWER CONSTRUcnON WORK The City has awarded the Parallel Sewer Construction Project on 'G' Street to Ortiz Corporation. In order for the contractor to complete the work efficiently and safely, the contractor is requesting that portions of 'G' Street between Fourth Avenue and Broadway be closed for several hours each day. Staff recommends approval of the resolution. (Director of Public Works) 13. RESOLlTnON 16885 ORDERING TIiE SUMMARY VACATION OF A PORTION OF Mr. MIGUEL ROAD ADJACENT TO TRACT NUMBER 91-01 SALT CREEK I CONDOMINIUMS - FN Projects, Inc., owner of property under Subdivision Map Number 12917 (Salt Creek I - Unit Number 4) and owner of property under Tentative Map Number 91-01 (Salt Creek I Condominiums), has requested a right.of.way vacation of a portion of Mt. Miguel Road adjacent to Salt Creek I Condominiums. The portion requested for vacation was originally dedicated on Final Map Number 12917. The Tentative Subdivision Map for CVT 91-01, currently being processed, requires a realignment of Mt. Miguel Road. Said portion is no longer needed for street purposes. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RELATED RESOLlTnONS AND ORDINANCES The following items have been advertised and/or posted as public ~arings as required by law. If you wish to speok to any item, please ftll out the "Request to Speok Form" availJJble in the lobby and submil it to the City Clerk prior to the meeting. (Cmnp1ete the green form to speak in favor of the stJlfJ recommendation; complete the pink form to speok in opposition to the stJIfJ recommendation.) Comments are limited 10 five mirJuu!s per individual 14. PUBUC HEARING PROPOSED RATE INCREASE FOR HARTSON MEDICAL SERVICES FOR EMERGENCY PARAMEDIC SERVICES - On 5/9/89, Council approved an agreement with Hartson Medical Service to provide basic (BLS) and advanced (ALS) life support/ambulance services with Chula Vista. The agreement requires Hartson to respond to 90% of all ALS calls within 10 minutes and 90% of all BLS calls within 30 minutes. Hartson has consistently met these threshold standards during the past twelve months. Pursuant to the agreement, Hartson has proposed to increase their fees by an average of 5.2% effective 11/1/92. (Fire Chief) Continued from the meeting of 10/20/92. Agenda -4- November 10, 1992 ORAL COMMUNlCATIONS This is an opportunily for the general public to address the city Council 011 any subject matter within the Council's jurisdiction that is not an item 011 this agenda. (SIi11e lIlw, however, generally prohibits the City Council from Ulking action 011 any issues not iru:luded 011 the posted agenda.) If you wish to address the Council 011 sud& a subject, please complete the yeIJow "Request to Speak Under Oral ComnumiI:ations Form" available in the lobby and submiJ iJ to the City Clerk prior to the meeting. Those who wish to speak, please give your 1IIlnU! and address for record purposes and follow up action. Your tinu! is limited to thne nUrwtes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the tinu! the City Council will consider items which have been forwarded to them for consideration by 0IIe of the City's Boards, Commissions and/or Committees. None submitted. ACJ10N ITEMS The items listed in this section of the agenda are erpected to e1iciJ substlJllliaI discussions and deliberations by the Council, stoff, or members of the general public. The items will be considered individually by the Council and stoff ~ may in certoin cases be presented in the al1emative. Those who wish to speak, please fill out a "Request to Speak" form available in the lobby and submiJ iJ to the City Clerk prior to the meeting. Public comnumts are limited to five nUrwtes. 15. RESOLUTION 16886 APPROVING ADDmONAL CONTRIBUTIONS TO ASSESSMENTS IN CONJUNCJ10N WITH ASSESSMENT DISTRICf NUMBER 90-2 (OTAY VALLEY ROAD) - On 6/23/92, Council confirmed the assessments for Assessment District Number 90-2, Otay Valley Road. Council directed staff to reconsider certain property owner requests for additional credit for slopes and constructed improvements. These requests were reviewed and brought to Council on 7/21/92. This item is a follow-up to that report. Staff recommends approval of the resolution. (Director of Public Works) 16. REPORT SUPPLEMENTAL REPORT TO RESOLUTION AMENDING THE FISCAL YEAR 1992-93 BUDGET - This report is supplemental to the report and resolution recommending the amendment of the Fiscal Year 1992-93 Budget to propose certain cuts. The primary report indicates that the City Attorney's office will be preparing a response to the Council on the issue of the entire staffing needs for the Attorney's office and to come back with a recommendation. Staff recommends acceptance of the report. (City Attorney) RESOLUTION 16887 AMENDING THE FISCAL YEAR 1992-93 BUDGET - On 9/8/92, Council approved a recommendation to implement city-wide cuts of $755,505. During the discussion, Council separated several issues from the proposed cuts and requested that staff provide additional information on these issues. Staff recommends approval of the resolution. (Administration) 4/Sth's vote required. Agenda -5- November 10, 1992 17. RESOLUTION 16888 APPROVING TI-IE RECOMMENDED PLAN FOR TI-IE EXPANSION OF TI-IE CIIT ATIORNEY'S OFFICE, WAIVE TI-IE COMPETITIVE BIDDING REQillREMENTFORACQillSITION OFWORKSfATIONFIXTURES,AMEND TI-IE BUDGET TO APPROPRIATE FUNDS FOR SAME, AND AUTHORIZE TI-IE PREPARATION OF DESIGN SPECIFICATIONS AND REQUEST FOR BIDS, AND TI-IE ACQillSITION OF FURNITURE AND FURNISHINGS, TO IMPLEMENT SAME - Due to the press of business in the City Attorney's office, Council authorized a deputy city attorney position at the time of adoption of this year's budget. At the time, the issue of secretarial support for the new position was deferred until the approval of the Redevelopment Agency's budget, and it was understood that it would be necessary to provide a place to house the attorney and secretarial positions selected to fill the new positions. Staff recommends approval of the resolution. (City Attorney) 4/5th's vote required. ITEMS PUlLED FROM TI-IE CONSENT CALENDAR This is the time the CiIy Council will discuss items which have been removed from the Consent Calendar_ Agenda items pulled at the request of the publU: wi/l be considered prior to those pulled by Councilmembers. PublU: comments are limited to five minutes per individual OTI-IER BUSINESS 18. CIIT MANAGER'S REPORTfS) a. Scheduling of meetings. 19. MAYOR'S REPORTfS) a. Ratification of appointment: Raymond L. Bernier - Design Review Committee. 20. COUNCIL COMMENTS Councilman Malcolm a. Appointment of new Council representative to Legislative Committee. ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Pursuant to Government Code Section 549567 and 54957.6 - Instructions to negotiators regarding compensation for executive middle management, unrepresented and unclassified part-time employees. Pursuant to Government Code Section 54956.8 - Disposition of Property: Rancho del Rey Business Center located on north side of East "H" Street between Ridgeback Road and Tierra Del Rey, Rancho del Rey Partnership and RDR Business Center Limited (Owners). The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on November 17, 1992 at 6:00 p.m. in the City Council Chambers. A Special Meeting of the Redevelopment Agency will be held immediately following the City Council meeting. International Friendship Commission of the City of Chula Vista, California November 7-11, 1992 Odawara Teachers Delegation to Chula Vista * Mr. Etsuo Takanashi, Math Teacher, Machida Primary School * Mr. Isao Kidokoro, Math Teacher, Kozu Junior High School * Mr. Koichi Kobayashi, Math Teacher, Jonan Junior High School Host Families * Hosts for Mr. Takanashi: Herb & Patricia Casey 7316 Tooma St. #170 San Diego, CA 92139 Phone: 470-6328 (H) 455-7663 (W) Saturday evening and Sunday: Mr. & Mrs. Frank Fujikawa * Hosts for Mr. Kidokoro: JIM AND MARILYN WILLIAMS 6572 SAN MIGUEL ROAD BONITA, CA 91902 PHONE: 475-2565 * Hosts for Mr. Kobayashi: 488 WilIowcrest Way, Chula Vista, CA 91910. Ken and Pat Weimer. Phone: 421-6882 (home) 426-3200 (work) L-J~ ~) . , Odawara Teachers Exchange - 1992 Schedule of Activities November 7 Sat Leave Los Angeles noon. Arrive Chula Vista City Hall at @ approx 5:00 pm Met by Nancy Taboada, Terry Thomas, Doris Cox, Roy Muraoka, Johnny Dunkle, Frank Fujikawa, and others. Gather at Sister Cities Monument Area...parking lot near entrance to City Hall, 447 F Street, Chula Vista. 6:00 p.m. Welcome Receftion with Host Families. Home of Terry Thomas, 133 Second Ave, Chula Vista (between Palomar St. and Quintard St. - Phone 427-3181) Terry's Home is on East Side of the Street at end of a short cui de sac. The development is surrounded by a brown fence & Pepper trees Please Dark on str%. ~. /. W _', , 1~ . ,C:- ..., ~.$' Palomar St. West (water) 4th rd D2nd 4' erry's home Sout , 8 Sun. Day with Host Family ~I Recommend, day include visit to C.V. Nature Interpretive Center (end of E Street to Parking Lot & shuttle to N.I.C.) 9 8:30 a.m. Bonita Vista High School Mon. (Principal - Jeff Schaeffer) Accompanied by Frank Fujikawa Observe Math Class of Mr. David Fujikawa 10:30 a.m. Escorted by City Councilman Leonard Moore, Doris Cox, Johnny Dunkle: Visit to Library presented by Library Director Rosemary Lane and others. Visit to City Hall, Fire or Police Department, City Tour. 12:30 noon - Soup Exchange Restaurant (Three Odawara delegates, interpreter, Len Moore, Johnny Dunkle, Doris Cox) 2:00 p.m. Tour of Southwestern College by Terry Thomas Meet Terry in her office, room 312A. 3:15 p.m. lIost Family picks up at 312 A. Depart for Homes. 6:00 p.m. Chula Vista I.F.C. Pot Luck Party for Delegation, lIost Families, Mayor, City Council, I.F.C.Commissioners and Subcommittee Members, School Reps. Home of Vern and Lee Ann Decker, 1322 Valencia Loop, Chula Vista 91911 Phone: 421-8815 (home) Ice -.;L 10 School Visitations: Accompanied by Tues 8:00 a.m. Chula Vista Hills Elementarv School, (Martha to 8:45 a.m. Villafranca, principal, Buena Vista St., C.V. (If driving on Telegraph Canyon Road, go north on Buena Vista Street; if driving on H street, go south on Buena Vista Street) 9:00 a.m. to 10:15 a.m 10:30 a.m. to 12:10 p.m. 12:30 p.m. 1:00 p.m. 2:15 p.m. 2:30 p.m.. 3:00 p.m. After 3:00 p.m. Clearview Elementary School, Phone 498-3000 455 Windrose Way, C.V. 91910 (Dr. Ginger Hovenic, (Principal) Go Nrth at signal opposite Terra Nova Shopping Center. School is at top of hill to the left. Shiela LeCompte - Sixth Grade Teacher. Hillton Junior Hij,th School, Phone 691-5630 Sister School to Hakusan Junior High School (Mrs. Nancy Linen, Principal) LUNCH at Hilltop Senior High school (Ruth Broudy, Vice-Principal) Sharon Siebert and Jan Vach, F.L.A.G.S. Hilltop High School (William Demos, Principal) Tour & FLAGS Meet with teachers & classes Visitation to Chula Vista Elementary School to District. 84 East "J" St., C.V. 91910 (Dr. John F. Vugrin, Superintendent of Schools) Free Time - Shopping & Relaxation 5:45 p.m. Gather at City Council Chambers (F Street) 6:00 p.m. Presentation to Mayor Tim Nader and City Council Leonard Moore, Jerry Rindone, David Malcolm, Shirley Horton. 6:30 p.m. Sayonara Party. LA BELLA's PIZZA PARTY 373 Third Avenue, C.V., For Host Families and Guests 11 Leave Chula Vista in morning. Arrive Los Angeles at noon. Wed. Safe Trip - Sayonara - Bon Voyage - Fare Thee Well! i/t'-C -;5 CONTACT PERSONS: Mrs. Nancy Taboada, Chairperson, I.F.C. 478 Oak Place Chula Vista, CA 91911 (619) 421-3206 Mr. Johnny Dunkle, Chula Vista-Odawara Sister Cities 5132 Casa Blanca Bonita, CA 91902 Phone 479-4333 (H) or 479-7429 (Bonita Travel) Prof. Terry Thomas, Southwestern College I.F.C. Liaison, Odawara City 421-6700 Ext 1-5517 1339 Second A venue Chula Vista, CA (619) 427-3181 (H) or 425-4564 (FAX) Mrs. Doris Cox Liaison to the Chula Vista Schools C.V.-Odawara Subcommittee 1925 Otay Lakes Road #95 Chula Vista, CA 91913 (619) 421-8051 Mrs. Lee Ann Decker I.F.C. Commissioner 1322- Valenda Loop Chula Vista, CA 91911 (619) 421-8815 Ms. Rosemary Lane, Director Chula Vista Library 365 F Street Chula Vista, CA 91910 (619) 691-5168 LjClL - i RESOLUTION NO. I~ stc6~ COMMENDING JODEE ARNOLD FOR HER EXCELLENT SERVICE ON THE BOARD OF APPEALS AND ADVISORS The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, JoDee Appeals on December 13, Chairman; and Arnold was appointed to the Board of 1988 and most recently served as Vice- WHEREAS, Ms. Arnold brought to the Board her degree in Architecture from Cal Poly San Luis Obispo and her vast experience in design in the private sector; and WHEREAS, she was not only dedicated to the fulfillment of tasks and charges made to the Board of Appeals and Advisors upon which she served, but she was committed in her desire to assist the city in the review of construction projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby recognize the outstanding service that has been rendered by JoDee Arnold as a member of the Board of Appeals. J/b-I RESOLUTION NO. J'lrbJ COMMENDING DANIEL CONTRERAS FOR HIS EXCELLENT SERVICE ON THE BOARD OF APPEALS AND ADVISORS The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, Daniel Contreras was appointed to the Board of Appeals on September 27, 1988; and WHEREAS, Mr. Contreras brought to the Board his degree in Architecture from California State Polythecnic University Pomona and his many years of experience in the Architecture/Construction field; and WHEREAS, his tenure on the Board was marked by his objective to maintain and improve the quality of the architectural/ construction industry in our community by taking a leadership position related to his profession. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby express its gratitude for the dedicated service performed by Daniel Contreras as a member of the Board of Appeals. 1 b ,c2 RESOLUTION NO. ~~o/ COMMENDING JOHN CROUSE FOR HIS EXCELLENT SERVICE ON THE CIVIL SERVICE COMMISSION The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, John Crouse was appointed to the civil Service commission on August 14, 1984 and reappointed on June 21, 1988; and WHEREAS, John brought with him his Army military experience as an officer in the Corps of Engineers and his many years of employment with the City of Chula vista from 1971 to 1984 as Director of Public Works Operations thereby affording him a working knowledge of city government and its policies; and WHEREAS, John always protected the rights of employees under the civil Service System and assisted the City in an unbiased view of all decisions and grievances coming before the Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby commend John Crouse and express its appreciation for his services to the city of Chula vista as a dedicated member of the civil Service commission. ~~'3 RESOLUTION NO. IJ~"5' COMMENDING LUPE M. JIMENEZ FOR HER EXCELLENT SERVICE ON THE CIVIL SERVICE COMMISSION The city Council of the City of Chula vista does hereby resolve as follows: WHEREAS, Lupe was appointed to the civil Service commission on March 15, 1984; and WHEREAS, Commission serving during FY 1989-90; Ms. Jimenez was an as Vice-Chairman during and active member of the FY 1984-85 and Chairman WHEREAS, Lupe brought to the Commission her Master's Degree in curriculum/Instruction from Cleveland State University, and her experience as a bilingual teacher with the Chula vista Elementary School District and Instructor at Southwestern College; and WHEREAS, Ms. Jimenez has been active in the community through her service on the San Diego County Border Task Force, District 2; Secretary of the San Diego County National Women's Political Caucus; Lecturer and Panelist for Women's Studies, SDSU. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby commend Lupe M. Jimenez and express its appreciation for her services to the city of Chula vista as a dedicated member of the civil Service commission. 1b,,/ RESOLUTION NO. I~ y~" COMMENDING HELEN STOKES FOR HER EXCELLENT SERVICE ON THE COMMISSION ON AGING The City Council of the City of Chula does hereby resolve as follows: WHEREAS, Helen Stokes was originally appointed to the Commission on Aging on February 15, 1983 and served a term of sixteen months in addition to two full four-year terms; and WHEREAS, Mrs. Stokes was an active member of the commission serving as Vice-Chairman during FY 1991-92; and WHEREAS, Helen brought to the Commission her educational background from the University of California Berkeley, her volunteer work at the Library, membership on the South Bay Advisory Board for Meals on Wheels, all of which contributed to her vast knowledge of the problems relating to seniors; and WHEREAS, Mrs. Stokes served for over three years on the Commission's subcommittee to establish a gerontology library for the seniors of Chula vista and has spent countless hours each year reviewing and making recommendations on funding of CDBG projects; and WHEREAS, Mrs. Stokes also served on the original committee to plan and organize what became the Commission's Annual Centenarian Award project, wherein citizens over the age of 100 are honored each May. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby commend Helen Stokes for her dedicated and conscientious service on the Commission on Aging. t/bS RESOLUTION NO. ~~7 COMMENDING JOSE ALBERDI FOR HIS EXCELLENT SERVICE ON THE DESIGN REVIEW COMMITTEE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Jose Alberdi served from August 16, 1988 to November 12, 1991 as a member of the Design Review Committee; and WHEREAS, Mr. Alberdi is a professional designer for the architectural firm of C. W. Kim Architets; and WHEREAS, Mr. Alberdi's background allowed him to work with architects, and other design professionals, to resolve design issues through an understanding of structural and functional constraints; and WHEREAS, Mr. Alberdi's knowledge of the field and ability to resolve architectural design problems, contributed significantly to the improvement of numerous projects, and produced many city Beautification Award winners. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby commend Jose Alberdi for his outstanding service as a member of the Chula vista Design Review Committee. ijb-~ RESOLUTION NO. 11P'i'"r COMMENDING ADRIENNE LANDERS FOR HER EXCELLENT SERVICE ON THE DESIGN REVIEW COMMITTEE The city Council of the City of Chula vista does hereby resolve as follows: WHEREAS, Ms. Adrienne Landers served from August 16, 1988 to March 1, 1992 as a member of the Design Review Committee; and WHEREAS, Ms. Landers is a professional city Planner for the City of Carlsbad, California; and WHEREAS, Ms. Landers' City Planning background provided the Committee with the ability to see beyond architecture resulting in a more thorough analysis and, consequently, a better integration of projects to the existing urban fabric; and WHEREAS, Ms. Landers was dedicated and prepared herself for the meetings by thoroughly reviewing the Staff reports and visiting the project site; and WHEREAS, Ms. Landers provided a significant balance between a project's function and architectural aesthetics. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby express its gratitude for the dedicated services performed by Ms. Adrienne Landers as a member of the Chula vista Design Review Committee. J-/b~7 RESOLUTION NO. / ~ 8' IP 9 COMMENDING HUBERT A. CHRISTENSEN IN MEMORY OF HIS DEDICATION AND SERVICES TO THE CITY OF CHULA VISTA AS A MEMBER OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION The City Council of the city of Chula vista does hereby resolve as follows: WHEREAS, Hugh Christensen was appointed to the Growth Management Oversight commission on June 7, 1988; and WHEREAS, Mr. Christensen had always been an energetic participant in our community by serving as President of the Chula vista Jaycees, President of Town Centre Development Corporation, member of the YMCA Board of Directors and the Boy Scouts; and WHEREAS, Hugh's involvement in the improvement of the Downtown Area for more than twenty years gave him the insight to assist in the annual review of the effectiveness of the General Plan in regard to development and growth-oriented issues; and WHEREAS, Hugh Christensen left his mark on the "quality of life" in Chula vista for which the community is grateful. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula Vista does hereby commend Hubert A. Christensen posthumously for his excellent service on the Growth Management Oversight Commission. Lib -p/ RESOLUTION NO. )~rr?tJ COMMENDING NANCY L. PALMER FOR HER EXCELLENT SERVICE ON THE MONTGOMERY AREA PLANNING COMMITTEE AND THE GROWTH MANAGEMENT OVERSIGHT COMMISSION WHEREAS, Nancy Palmer was appointed to the Montgomery Area Planning Committee on January 30, 1986 and served as its Treasurer in 1991; and WHEREAS, in addition, since 1988, Nancy concurrently on the Growth Management Oversight commission performing in a dual capacity for the City; and served thereby WHEREAS, Ms. Palmer brought to the City her teaching credentials in Special Education from Cal State Dominquez Hills and her experience in working for the Chula vista City School District coupled with her many years of living in the Montgomery area; and WHEREAS, as a former member of the Sierra Club, she was active in county land use for three years and a member of the San Diego Energy Recovery Project Advisory Commission for over a year. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula Vista does hereby recognize the outstanding service that has been rendered by Nancy L. Palmer as a member of both the Montgomery Area Planning Committee and the Growth Management Oversight commission. ifb-Cj RESOLUTION NO. IIP??/ COMMENDING ANNE FABRICK FOR HER EXCELLENT SERVICE ON THE HUMAN RELATIONS COMMISSION The city Council of the city of Chula Vista does hereby resolve as follows: WHEREAS, Anne Fabrick was appointed to serve on the Human Relations Commission on March 18, 1986 and so ably served as Chai~man in 1988; and WHEREAS, Ms. Fabrick brought an extensive background with her to the Commission through her service on the Montgomery Flood Control District #4; the San Diego County Area Agency on Aging; the San Diego Social Service Coordinating Council; United Way, and, of course, her long running column in the Star News "South Bay Senior"; and WHEREAS, Anne continues her tenure with the City by currently serving on the Commission on Aging and the Senior Disabled Transportation Committee; and WHEREAS, her dedication to the commission has made a major contribution to the insight of our very diverse community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby express its appreciation to Anne Fabrick for her outstanding services on the Human Relations Commission. if/; -/1:7 RESOLUTION NO. /~ 8''lr2 COMMENDING BETTY HAMMOCK FOR HER EXCELLENT SERVICE ON THE INTERNATIONAL FRIENDSHIP COMMISSION The city Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Betty Hammock was appointed to the International Friendship Commission on August 13, 1985; and WHEREAS, during her Commission, Ms. Hammock acted as maintaining the scrapbooks; and many years of service on the "historian" for the commission by WHEREAS, the work of the International Friendship Commission has resulted in strengthening the ties with our neighbors through our Sister cities of General Roca, Irapuato and Odawara. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby express its appreciation to Betty Hammock for seven years of excellent service to the International Friendship Commission. 1-/ b .-/ ! RESOLUTION NO. J6 ~73 COMMENDING JOSEPH BERLANGA ON HIS EXCELLENT SERVICE ON THE MONTGOMERY AREA PLANNING COMMITTEE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Joe Berlanga was appointed to the Montgomery Area Planning Committee on January 28, 1987 and served as Secretary in 1991; and WHEREAS, Mr. Berlanga has been an active participant in local, county and national government by serving on the County of San Diego Public Welfare Advisory Board, Congressman Jim Bates' Hispanic Affairs Subcommittee, and a member of the Montgomery Lion's Club; and WHEREAS, his tenure on the Montgomery Area Planning Committee was marked by a deep concern for the welfare of our community. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista does hereby express its appreciation for his five years of excellent service on the Montgomery Area Planning Committee. tj b -1;2.. RESOLUTION NO. ~~~ COMMENDING ANTONIO CASTRO FOR HIS EXCELLENT SERVICE ON THE MONTGOMERY AREA PLANNING COMMITTEE The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, Tony Castro was appointed to the Montgomery Area Planning Committee on January 28, 1987 and so ably served as Vice- Chairman in 1991; and WHEREAS, as a lifelong resident of the community (his family first arrived in Otay in 1911), he had a good understanding of what would be in the best interests of the community, particularly the Otay Township area; and WHEREAS, his efforts on the Committee for the past five years have been greatly appreciated by the City of Chula Vista. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby express its gratitude for the dedicated service performed by Anthony Castro on the Montgomery Area Planning Committee. ~b;n RESOLUTION NO. /6~?6 COMMENDING NANCY LEE WHEELAND FOR HER EXCELLENT SERVICE ON THE MONTGOMERY AREA PLANNING COMMITTEE The city council of the city of Chula vista does hereby resolve as follows: WHEREAS, Lee Wheeland was appointed to the Montgomery Area Planning Committee on September 14, 1987; and WHEREAS, Ms. Wheeland brought to the Committee her B.A. from Cal Western, her Teaching Credential from U.S.I.U. and her M.A. from S.D.S.U. coupled with her experience from Sweetwater Union High School District, Castle Park Middle School teaching political science since 1974; and WHEREAS, during her tenure, Lee acted as Chairman in 1991 and was an active member of the community by serving as a representative in Sweetwater Education Association, site Curriculum Committee and the Political Action Committee for S.E.A.; and WHEREAS, through her dedicated efforts, Ms. Wheeland had the opportunity to help mold the policy of the area where she lived and worked. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista does hereby offer its heartfelt thanks to Nancy Lee Wheeland for her many years of excellent service on the Montgomery Area Planning Committee. 1Jb-J'I RESOLUTION NO. II, 8"?? COMMENDING JOE D. CASILLAS FOR HIS EXCELLENT SERVICE ON THE PLANNING COMMISSION The city Council of the city of Chula vista does hereby resolve as follows: WHEREAS, Joe D. Casillas has served on the Planning commission for five years from 1987 to 1992; and WHEREAS, Mr. Casillas brought to the Planning Commission a great depth of understanding on housing issues, having served on the Housing Advisory Committee, which he still chairs, as well as being Chairman for the Blue Ribbon Committee on the Housing Element of the City of Chula Vista; and WHEREAS, Mr. Casillas' dedication to the City was exemplified by serving on other committees, such as the Bayfront Subcommittee and Business Response Team, where he is still an active member, in addition to serving on the Mayor's Leadership Council; and WHEREAS, his services over the past five years serving on the Planning commission have been distinguished by his continuing concern for the welfare of all of the citizens of Chula vista. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista does hereby express its gratitude for the dedicated service performed by Joe D. Casillas as a member of the Chula Vista Planning commission. L/ b -/5 RESOLUTION NO. /{,8'?r:' COMMENDING ROBERT TUG ENBERG FOR HIS EXCELLENT SERVICE ON THE PLANNING COMMISSION The city Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Robert Tugenberg has served eight years on the Planning commission from 1984 to 1992; and WHEREAS, Mr. Tugenberg expanded his dedication to the citizens of Chula Vista by serving on the City's Charter Review Committee as well as the Interjurisdictional Task Force on the Otay Ranch; and WHEREAS, Mr. Tugenberg distinguished himself as a leader by serving as Chairman of the Planning Commission, and serving a full two terms through some of the City's most difficult and intense development periods; and WHEREAS, Mr. Tugenberg was dedicated to excellence in preparing himself in not only reading staff reports, but visiting properties to make sure he was thoroughly prepared prior to any hearing. NOW, THEREFORE BE IT RESOLVED that the city of Chula vista does hereby express its gratitude for the dedicated services performed by Mr. Tugenberg as a member of the Chula vista Planning commission. JIb 'I? RESOLUTION NO. ) ~8" ? 1 COMMENDING JOHN C. RAY FOR HIS EXCELLENT SERVICE ON THE RESOURCE CONSERVATION COMMISSION The City Council of the city of Chula vista does hereby resolve as follows: WHEREAS, John Ray was appointed to the Resource Conservation commission on September 27, 1988; and WHEREAS, Mr. Ray has been an energetic and dedicated citizen of Chula vista by serving on the Bayfront Subcommittee as well as the Chula vista Planning Commission; and WHEREAS, John brought to the Commission his degree in Public Administration from San Diego State coupled with his work as an intern for the city of Chula vista for two years giving him a working knowledge of City government; and WHEREAS, Mr. Ray's interest in local government has been in the integrity and quality of the people within the system, and through his dedicated efforts, he has indeed left his mark on our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby recognize the fine service that has been rendered by John C. Rayon the Resource Conservation commission. '-Ib - /? November 5, 1992 TO: FROM: SUBJECT: The Honorable Mayor and City Counc~ Jim Thomson, Deputy City Manager /1 Council Meeting of November 10, 1992 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, November 10, 1992. Comments regarding the Written Communications are as follows: . 5a. IT IS RECOMMENDED THAT THIS RESIGNATION OF LEE WHEELAND FROM THE SOUTHWEST REDEVELOPMENT PROJECT AREA COMMITTEE BE ACCEPTED AND THAT THE CITY CLERK BE DIRECTED TO POST THE VACANCY IMMEDIATELY IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY IN ACCORDANCE WITH THE MADDY ACT. JRT:mab R-"!""""\'~-r... , ;:: '__'! 'f-.... t..' // //, ' .., I: I ~ i "92 OCT 29.: = :J i {' ,. 1." " ,.' p- C, .'.._r omm~!t,,: tf~:,.. CITY~:- . ,}TA CITY CL t,.~ :. ,,'~~ICE ( July 16. 1992 TO: LANCE ABBOTT FROM: LEE WHEELAND RE: RESIGNATION It is with regret that I submit my resignation from the Southwest Redevelopment PAC effective August 1. 1992. The prevailing attitude of the City Council on the subject of citizen participation has made It difficult for me to continue to serve my city. I have enjoyed working with the members of this committee and with the staff as well. Thank you for all the help you have given to me. :;;;r~/~~) ~. Lee Wheeland t?i /7~C;j) /vf7~ .!?a. - / COUNCIL AGENDA STATEMENT SUBMITTED BY: Item ~ Meeting Date 11~ IfC?h..z , 0\"" . ; \ \: Ordinance .253] Establishing the Telegraph, ,.ctI~~:~ Sewer Development Impact Fee to Pay for Improverrrtmts to the Telegraph Canyon Sewer Basin Director of Public wor~ City Managerf!j" (4/5ths Vote: Yes _ No XI ITEM TITLE: REVIEWED BY: The public hearing for this ordinance was held'on October 13, 1992, public testimony was taken and the hearing closed. The introduction of the ordinance was deferred, however, until the ordinance met the satisfaction of the City Attorney's Office. In order to avoid preparing another full agenda statement, the previous Council Agenda Statement, which indicates a public hearing should be held, is included to remind Council of the content in the proposed ordinance. Council should not consider this item a public hearing and can ignore that part of the attached Agenda Statement. RECOMMENDATION: That Council place this item first reading CLS.-SB/A GENOA/SEINER. ORO 702892 b' ) 1 THIS PAGE BI.ANK . ~"c2 ORDINANCE NO. 2533 :\\o~ 'vo'< ,- k'''- ,,:\\) . ,f-~. r'" - < .,.''''' ...}", - \_1,) . ; ~j",.I AN ORDINANCE OF THE CITY OF CHtlLA VISTA, CALIFORNIA ESTABLISHING THE TELEGRAPH CANYON SEWER DEVELOPMENT IMPACT FEE TO PAY FOR PARALLEL SEWER IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS FOR CONSTRUCTION IN THE TELEGRAPH CANYON SEWER BASIN ....J WHEREAS, the City's General Plan Land Use and Public Facilities elements require that adequate public facilities be available to accommodate increased population created by new development; and, WHEREAS, the Telegraph Canyon Sewer Basin ("Basin") is that area of land within the City of Chula Vista on which wastewater, if deposited in sufficient quantities, would flow downstream to a common point, which area is shown on the map attached hereto as Exhibit A; and, WHEREAS, on January 23, 1990 the City Council passed Resolution No. 15449 approving the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement, which required the City to prepare the Telegraph Canyon Basin Improvement and Financing Plan. Said Basin Plan was to include an estimate of ultimate sewer flows anticipated within the Basin; recommend improvements to handle the incremental increases of sewage flow anticipated within the Basin; and establish a fee payable by all dwelIing units discharging into the Basin and benefiting from trunk sewer improvements; and WHEREAS, on July 24, 1990 the City Council passed Resolution No. 15760 approving an agreement between the City of Chula Vista and WiIldan Associates for preparation of said Basin Plan, and, WHEREAS, pursuant to said agreement, WiIldan Associates have prepared said Basin Plan which is contained and more fuIIy articulated in a document entitled: "Telegraph Canyon Sewer Basin Improvement and Financing Plan" dated July 31, 1992 ("Original Plan") and the subsequent addendum entitled "Addendum to Telegraph Canyon Sewer Basin Plan" dated September 25, 1992 ("Addendum"), which documents are incorporated herein by reference ("Basin Plan"); WHEREAS, the Basin Plan has determined that new development within the Telegraph F:\home\auom(y\tcbsf2. wp Octobu 29, 1992 ~'3 Canyon Sewer Basin will create adverse impacts on the City's existing sewer facilities--to wit, that the sewage expected to be generated from new development within the Basin will exceed the capacity of the current sewer system to handle said additional sewage--which must b mitigated by the financing and construction of certain sewer facilities identified in this ordi ce, and WHEREAS, sewer improvements and a fee to be levied on new dev Telegraph Canyon Sewer Basin have been justified in the Basin Plan; and, WHEREAS, developers of land within the City should be requir created by development through the construction or improvement of er facilities within the boundaries of the development, the construction or improvement of ewer facilities outside the boundaries of the development which are needed to provide s ice to the development in accordance with the City standards and the payment of a fee to ance a development's portion of the total cost of the public facilities, and WHEREAS, all development within the City con butes to the cumulative burden on various sewer facilities in direct relationship to the a ount of population generated by the development or the gross acreage of the commercial 0 mdustrialland in the development, and WHEREAS, on September 22, 1992 the ity Council passed Resolution No. 16819 setting a public hearing to approve the TelegrajJ Canyon Sewer Basin Plan and establish the Telegraph Canyon Sewer Development Impact ee, and WHEREAS, on October 20, 1992 Ci Council held a duly noticed hearing at which oral or written presentations could be made, WHEREAS, the City Council termined, based upon the evidence presented at the hearing, including, but not limited , the Basin Plan and the various reports and other information received by the City C ncil in the course of its business, that imposition of the sewer facilities development impact ee on all developments within the Telegraph Canyon Sewer Basin east of Interstate 805 in the ity of Chula Vista for which building permits have not yet been issued is necessary in order 0 protect the public safety and welfare and to ensure effective implementation of the City's G eral Plan, and WHEREAS, the City ouncil has determined that the amount of the fee levied by this ordinance does not exceed t e estimated cost of providing the public facilities. NOW, THEREF E, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FO LOWS: F:\home\attomcy\tcbsf2.wp Octobcr 29. 1992 Tc1ea:rapb Canyon Sewer Basin DIP Paae 2 t-'I ~~~';"Y~.- ==;-ij!i?~' ~~~, .~..(; .~ .:1 =-~: vance 11\-1 . ~IIOItheFee. SECTiON VII. . Thelnlllal amount of the Fee shan be $184 per EDU. The City CouncU stulll annually review the amount of the Fee. The CI!y council may adJua~ the amount of this Fee. as necessary 10 renect changes In the coats of the Fadllt18S as may be reflectad by such Index" the eouncl~d8em8 appro- priate. sUCh as the Englneerlng.New.Record construction Index, or auch other balls; or mangel In the type. 'I~don or coat of the Facilities 1D bellnanced by the Fee. chanQ8s In land usa on ap- ,proved ten map' on S~flc Plan Amendments and Uporl olhef' sound engineering, financing land plar'lnln=atlon. AdJultmenta 10 the aboVe Fee may be made by resolution an1end1ng the Muter Fee Ie. SECTION VIII. AuthcM' for Accounting and E ndltur.. The ~. 001= from the Imposition :1,. Fee shall be deposited Into a pubtlc facility fl. I nanc~ fund {"Telegraph Canyon sewer Baal" Devek>>pm8nl Im~t Fee Fund", or aI~nat\V8ly herein Fund'1 whlcti Is hereby aeated and shall be expanded only for the purpoaea..t forth In this ordinance. The Director of Finance Is aulhorlzed 10 ..tabllah varIoUs accounts wlu,ln the Fund for the Fadll- tI..ldentllled In this ordinance and to ~rtodlcally malw expendlturee from the Fund tor the purpoau set forth herein In accordance with the facHltIeI PhUiOG plan or capltallmproYement plan adOpted by the City Coundl. . SECTION IX. Finding., \. Th. City Council finds that collecdon of the F..s established by thla ordinance at the time of the bulkSlng plinnlt II necelsary 10 enaur. that funds Will be ....allabI. for the conltrUCtlon of IaCIlltIaa concurrenl with the need foi' th888 fad"_ and toenaure certainty In the capital tacllltI.. budgednQ , ..'a_1m_public'..."...., SECTtON)C. F_ ilddlllonal to ou. F... and Charges. The F.. ..1abI1Ihed by thla aecIIon Is In addIlioIi 10 the requlrem8n1a Imposed by other City laws, poIldll or regulationa relating 10 the conatrucllon or the 1In8ncInQ of the oonalNCllon of put)llc Im- pravemenl8 WIthin tubdlvillona or developmenll. SECTION XI. Manda1Dr'y Oferlizlng ofFadllty; Duty to Tender RelmburMlTlenlOffar. Whenever a developer of a deve\oprT'!enl prOJ8CI fa required as a condition 01 approval of a de- v.lopmenl pem:d11O cause a portion of the uwer ~atem which II the subject matter of . Facilities enhancement planned lor Improvemenl under the Baaln P\an (''CrItlca1 Sewage ConalNCllon Work") to be enlarged ~ accommodala the uwagel\oW aeated by !he development, the City mavrequlre the developer to Inltall the Fadlllles according 10 design spedllcatlona approved by the City, thai be- Ing wjth the IUpp!emental size or caDBCitY In Order to accommodate ellima\1td ultf~ IIOW as Indl- cal8cIln the BUn P\an and subHquen( avnendmenll-. " such a ~""'*" Is ImpOsed. the CIty shall oller 10 relmbu,.e the developer from the Fund either In cash Of eN" lime as Feee are collected, atthe opllon ol1heClty. for COSlllncurred by me developer lor the des}gn and construction 01 the Fa- cility not to exceed the estimated cosl 01 that pertICUIar FadHy ..Included In the calculalion and up. daltna 011118 FOO. ,ThO CIIY may uodalolhoFOO co!cul_" OIlY doom> """IO~ prior.. moklng auch Ofter. Thll dUty ID offer rmburaement shaU be Indep8l'KlelU of Ihe ctweloPer'S obItgatlon to pay the F... SECTtON XII. Voluntary ConstruCtIon ola PortIon 01 the FadlltIee; Duty 01 CIty 10 Tender Relm- buraemenlOlfer. . if a deY8\OpIr ~ to design and oonatrUCla portion 01 the FaclUtlea In conjuncllon wllh the S!'roHCUtIon 01 a development project. w\1hIn Ihe TernlDlY. or la requ~ by section 11 "Mandatory OV8l'llzlng" to dMlQI:I ahd oonab'UCt a ~on 01 the FaCll1l1aa ("Work"), me city shall offer 10 r8lm- bUI'H the CS8Vek:lper from the Fund either In cash or over time as Feea are colleCted, allhe option of the CItY. lor coalllnp.lrred bY Ih8 devel~ tar the dMlan and conatrUction 01 the FacilJ!:)' not to ex- ceed tfle eatimaleen>>sl of thai particular Fadlhy as InCilded In the calculalton and upd&tlOG ollhe F... SECTION XIII. procedure lor Entitlement 10 Re\mburaementoner. TheClty'a duty 10 exl8nd a relmbul'lemenloffer to a dev8IoP8r ~rsuanl to SectIon t 1 or t 2 abOve shall be condlt1ohed on the developer complying with the termI arid condlllons of thla aectton: a. Written aulhOrlzallon shall be requea* lit the devebper from the CItY and laaued by the City CouncU by wrltlan resolUllon before developer may Incur any coall eligible 10r relmbUrsemenl relat- Ing..tho wort<. b. The requeslfor authorizatIOn lhall contain the following Intormatlon, ancIaueh other Information as may from 1Irne to time be reqUelIed by the CIty: (t) DeIaIled dHCf\ptione of the Work with the preliminary coalestlmates. c. 1111'\8 Coundl granll auIhOrtzaUon. II shall be by written agreement with the Developer, and on the folloWIng condltlona among such other condl1lon' ..the Council may from lime to lime Impose: 1'1 DeYeloper shall prepare all pans and s~catlona and submll aametv the City lor approval; 2 DeYeloper shall ncure and dedicate any rlghl.of-wa)' required lor the WOrk; 3 Developer shall secure all required perinlll and envlrOnmentaldearances necessary lor con- ItrUCtion 011he pro~ (4) Devek>>per shaH provide perlormance bondaln a form and amount, and with a surety aatialactO- ry 10 tho OIlY: 15) DeYeroper shall ~y all City 1888 and coall. ~ The CIty shall be held harmles. and Indemnified, and upon tender by the City. defended by the deveJoper for any 01 the COlli and \1ab1111lea auocIaled with the CQMlructlOn of the prolect (7) The developer IhaII advance all neceuary lunda to dealan and construClth8 proj~ (8) The developer' ,hall secure at leulthr. (3\ qualllled bTds for work ID be done. The construe- don contract sh8Il be granted 10 the IoW8It quallfted bldckM'. Ant dalma for additional paymenl for extra work or chaI'~ (lurlna QOn,trUCllon ah811 be juStified and &hall be documenled to the sallalac-- don of the DlredOr 01 PubllcWorkl. ,., (9) Th. deYelDP8!' shall ~jdti adetalled co&t..llmate which ltimlz8&IhoHCOftB ollhe construc- tion altrlbUtabt810 the ~. The Htln'latels p!ellmt~ and .ub}ed to lInal determinatiOn by the DI. reclOf 01 Public Wort<I upon coMple1l0n of the Public FaCility P~. (10\ The agreemW may~ld.tIat UPOf\. dett(mlnaUon of t&l\ltacIOrY lnaemental comDiellon 01 . FocI"ty," approved onij c&(1Iftodl>Y trio DI'ector ot Public W..... Iho OIlY mar IIOY tho dove_'.' progrel8 paymenllln an amount nbtm exCIhKS 75 percent-ollhe e.tlmBled COI -6t1h8.consuuC11on complel8Ci to the time oUM pl'C!gren paymenl butahaUprovkieln such case lor the retention 0125"'- 01 sUch coall undllP~D)' D'I.e CItY of Notice oICornDleIlon. (11) The agreement may otc:wIdelhat any fundS owed to the developer aa relmbusemenla may be applied to Ih8 developer'1 ObIlgallGnallO pay the Fee for building perl'nlll to be appI}ed lor In the Iu- IUra. ' (12) When all work has been complel8dlD the satisfaction 01 the CIty, the develoPer shallaubmlt verification 01 paymenll made lor the construction 01 the ~ect to the CItY. The DirectOr 01 Public Works shall m8k8the ftnal dewmlnalion on ~tur.. whICh are elIglble10r relmburHmenl. (13) After final determination of expenditures eligible lor relmbursemenl has been made by the Public works DlreclOl'. the oartIH may agree to dll8el the developer'S duty 110 pay Fees requlr8d by this ordinance aaainat the C:lty'a duty to r8lmbur.ethe developer. (14) if. after oftHlll8I'!Y.lUnd. are due the deVeloper under Ihla aecIIon. the City shall reimburse Ihe develoJMt!' from the Fund either In c:aah or ewer time as Fe.. are collected, althe option 01 the City, lor ellglbleCOltllncurred by the developer tor 1he clealan and conatructlon oflhe Faallty not 10 exCeed the .l5IImated coslol that partICUlar Facility ulnduo.d In the calcula1lon and updating of the F..; or the devekH:l8r may waive relmbUrsemenl iInd u..the amounl due them as credit agalnsl fu- lUre Developmenl \mpacfFee obllga1lonS. SECTK>N XIV. prOoecIure for F.. Modification Any developer who, because 01 the nature or type of usel r,ropoaed for a developmenl project, contenll that application 01 the Fee Imposed by this ordinance s unconatllUllonal or unrelated to ml- 1IQ8:1Ion 01 the tiUrdenI ollhe development, may apply to the City COUncil for a modIfication 01 the Fee and the manner In which ll}a calculated. The ~tlon shall be made In writing and IIled with the CIty Clerk nol \ater than ten~daY' alter nolk:e I. gtven of the public heartna on the developmenl permllapplJcatlon lor the prQ: or 11 no development permit 18 required, atthellme of the flllna 01 the building permllappllc:allon. he application shallatateln detail the factual baIIl for the claim 01 modl- ftcallon, and shaU provide an engineering and accounting report shcM'lng the eNeralllmpac:l on the DIF and me ability 01 the CItY to comDlete conalNCllon 01 the Fadntlea by making the rnOdlncation re- queal8cl by the aPPlicant The City Council shall make reaaonable.fIorII to con&lder the application I Within sixty (89) cta~ afW 1lIlIlIng. The dedllon 01 the City Council shail be final. The ~ure , r,rov\ded by th. seC1Ion I, addIlIonalllO any other procedure aUlhorized by laW for prOleCllon or ehal- , onaingIh8F..,moooodbvlhlaordlnonc:o, I SECTION XV. -=-.. Applfcab1e to Public .nclea. ~Iopment proI8CII by pubtlc agend..~ tnaudlng achoola, ahall not be exempllrom the prov- I.....OfIheF...- ~1~~I,~::i,~~OVIct .... .. .. tax dlatrlctilUWH)8I18UIDCIH n,conatructandpaylor.rryor..1 ot... "",'Uoo rOW'" _~_." lh8owno,or_~PO<OfOproJo<;tmay """Iy"'" City CouncU lor relmbUraemenllroin the Fund rn an amounl equallD thai portion of the COlt Indudec:l In the calculallon of the Fee anrlbUtable to the Work AIWriatlVeIy Flrianced. In this regard, the amounl 01 the relmburlemenl shall be baled on the coatllndud8d In Ihe BasIn P\an, as amended from 1Ime to lime, and therefore. will nollndude any DOrtion olthe ftnanclng costsasaoc:latad wllh the formation of the ......menloroth8f' ~aI taxing district SECTION XVII. Expiration oflhl. Ordinance. this ordinance .hall be of no further force and effect when the City council dewmlnH that the amounl 01 Feea which have been c:oIlecI8i1 reaches an amount equal 10 the coal of theladllll", SECTION XVIII. Time Llmlllor Judicial Action. Any lud1dal action or ~Ing to anack. revlew..et aside. void or annul 11'11. ordinance shall be brouQ!jlwlthln Ihe time period as ..tabtl.hed by G0Y8mment Code Sedlon 504995 after the effec1lve date 0I1h1aordlnanc:e. ' SECTION XIX. CECA Findings lor StatutOry Exemption. The City Council does hereby find that the Fee herein Imposed II tor Ih8 purpo.. 01 obtaining lundllor CapItal projects neceaaary to maintain service wlthrn existing urvIce are... The Counc:il flnda mallhe ~ Facllltlea are In eJd.llng rlghta 01 way parallel to or replacing exlaling sewer line. Therefor., the City find. thai the adoption olthll Ordinance I. atatulOl'lly exempt under me prov- Isions of Public R8sources Code Sec:1Ion 21808(b) (8) and CEOA Guidelines section 1 5273. SECTION XX. 0ItMM' NoI Previous Defined Term.. For the pur~ olthla ordinance, the IaIlowlngwords or phr8l8s shall be construed as dellned In this Sec1Ion, un,"s from the context It appears thatadlfterenlmeanlng I. Intended. (a) "Building PermlI" means a permll raqulred by anc\lasued pUrluant 10 the Uniform BuIlding CcidO .. odoplod by ,otoronco by Ihl. City, l) "DevelOper" means the owner or developei' 01 a development c) ''DeYelopmenl Permit" means any dlacrelionary pein.1It, entltlemenl or appnwal lor a de- v ~nl projectlasued uncIer any zoning or subdivision ordinance of the CIty. d ''D8Y8I0pm8n1 ProJect" or '"Developmenl" mean. any activity descrlb4d In Section 65921 and 65 of the SIaf8 GcwernmenlCode. SECTION XXI. Elfecllve Dale. Th1a ordinance shall becom8 elfectlvealxty (60) days alter IlIlecond reading and adoption. pre..nted~ AppfCWed aa 10 Iorm by JohnP.U 11 aruceM.Boogaard DlrectDro ReWorks City AttOrney PASSED. APPROVED and ADOPTED by Ihe City COuncil of the City of Chula VIsta, California, this 10th d'-Y ofNoYember. 1992. by Ihe IoIIQWlng vote: AYES: Councllrnembera: HollOn. Malcolm, Moore, Rlndone, Nader" NOES: Councllmembtft: Non_ ABSENT: Counc:lImembera: None ABSTAIN: COuncllmemb....: None '-3 Tim Nader, Mayor ATTEST: BeverlY A, AUIhOlot, CIIY CIo<k STATE OF CALIFORNIA) COUI<TY OF BAN DIEGO).. CITY OF CHULA VISTA) I, BeYerly A. Authel81, City Clerk 01 the City of Chula Villa, California. do hereby certify thai the rore~lng Ordinance No. 2533 ~d III flrtl reaOtng ~ November 3. 1992, and Ita aec:ond rUdlng and aciQptlon ata ~ular meetI. nao'. aald City Council held on the 1011'1 day 01 November. 1992. Execul8dthla 101hday~NcWembel', 1992. :~!i.': ~,f Beverly A. Authelel, CItY Clerk CV 01782 . ...';. 'n~ ,,'1 81921: \ The facilities which are the subject matter of the fee herein established are fully described in the Original Plan at page 13 thereof, and in the Addendum at page 1, and the locations at which they will be constructed as are more fully described in the Original Plan on file in the Office of the City Engineer at Plates 1 through 14 under the section thereof entitled "Improvement Locations", summarized on the attached Exhibit A for the purposes of convenience only, all of which facilities may be modified by the City Council from time to time by resolution ("Facilities"). The City Council may modify or amend the list of projects herein considered to be part of the Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual wastewater flow. Section 2. Territory to Which Fee Applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable shall be within the Telegraph Canyon Sewer Basin east of Interstate 805. The Telegraph Canyon Sewer Basin is defined as that territory shown on a map on file in the Office of the City Engineer entitled "Telegraph Canyon Sewer Basin" and dated October 20, 1992, which area is shown for convenience only and without legal precision on the attached Exhibit B ("Territory"). Section 3. Establishment of Fee. A development impact fee ("Fee"), to be expressed on a per Equivalent Dwelling Unit ("EDU") basis, and payable on the issuance of a building permit for a development project within the Territory, is hereby established. Section 4. Determination of Equivalent Development Units. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi-family dwelling shall be considered. 75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shaH be charged at a rate calculated in accordance with the method for estimating EDUs set forth in the Master Fee Schedule for the purpose of estimated Sewer Capacity Charges currently located in Chapter XII ("Engineering - Sewer), Section A.3. or successor thereto, as same may from time to time be modified by the City Council. Section 5. Time to Determine Amount Due; Advance Payment Prohibited The Fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. F:\home\attomey\tcbsf2. wp October 29. 1992 Tckgraph Canyoo Sewer Basin DIP Pile 3 t:>' Section 6. Purpose and Use of Fee. The purpose of the Fee is to pay for the planning, design, construction, repair, maintenance, and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities, or reimbursement to the City or other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. Any use of the Fee shall receive the advance consent of the City Council and be used in a manner consistent with the purpose of the Fee. Section 7. Amount of Fee. The initial amount of the Fee shall be $184 per EDU. The City Council shall annually review the amount of the Fee. The City Council may adjust the amount of this Fee as necessary to reflect changes in the costs of the Facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Index, or such other basis; or changes in the type, size, location or cost of the Facilities to be financed by the Fee, changes in land use on approved tentative maps or Specific Plan Amendments, and upon other sound engineering, financing and planning information. Adjustments to the above Fee may be made by resolution amending the Master Fee Schedule. Section 8. Authority for Accounting and Expenditures The proceeds collected from the imposition of the Fee shall be deposited into a public facility financing fund ("Telegraph Canyon Sewer Basin Development Impact Fee Fund", or alternatively herein "Fund ") which is hereby created and shall be expended only for the purposes set forth in this ordinance. The Director of Finance is authorized to establish various accounts within the Fund for the Facilities identified in this ordinance and to periodically make expenditures from the Fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. Section 9. Findings. The City Council finds that collection of the Fees established by this ordinance at the time of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for these facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. Section 10. Fee Additional to other Fees and Charges. The Fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the F:\home\au.om~y\tcblf2.wp Oc1ober 29, 1992 Teleerapb Canyon Sewer Basin DIP Paac4 ?-~ construction of public improvements within subdivisions or developments. Section 11. Mandatory Oversizing of Facility; Duty to Tender Reimbursement Offer. Whenever a developer of a development project is required as a condition of approval of a development permit to cause a portion of the sewer system which is the subject matter of a Facilities enhancement planned for improvement under the Basin Plan ("Critical Sewage Constriction Work") to be enlarged to accommodate the sewage flow created by the development, the City may require the developer to install the Facilities according to design specifications approved by the City, that being with the supplemental size or capacity in order to accommodate estimated ultimate flow as indicated in the Basin Plan and subsequent amendments. If such a requirement is imposed, the City shall offer to reimburse the developer from the Fund either in cash or over time as Fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the FeeY The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to offer reimbursement shall be independent of the developer's obligation to pay the Fee. Section 12. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. If a developer proposes to design and construct a portion of the Facilities in conjunction with the prosecution of a development project within the TerritoryY, or is required by Section II "Mandatory Oversizing" to design and construct a portion of the Facilities ("Work"), the City shall offer to reimburse the developer from the Fund either in cash or over time as Fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee. Section 13. Procedure for Entitlement to Reimbursement Offer. The City's duty to extend a reimbursement offer to a developer pursuant to Section 11 or 12 above shall be conditioned on the developer complying with the terms and 1. This will operate to cause developers to request the City to update the DIF and will provide incentive for the City to keep the DIF cost current so that developers will have an incentive to build the Facilities. 2. This will usually occur where there is a design constriction on capacity limits the ability of a developer to build. F:\hom~\attom~y\tcbsf'2.wp October 29. 1992 Telegraph c.nyon Sewer Basin DIP PAleS ~-? conditions of this section: a. Written authorization shall be requested by the developer from the City and issued by the City Council by written resolution before developer may incur any costs eligible for reimbursement relating to the Work. b. The request for authorization shall contain the following information, and such other information as may from time to time be requested by the City: (1) Detailed descriptions of the Work with the preliminary cost estimate. C. If the Council grants authorization, it shall be by written agreement11 with the Developer, and on the following conditions among such other conditions as the Council may from time to time impose: (I) Developer shall prepare all plans and specifications and submit same to the City for approval; (2) Developer shall secure and dedicate any right-of-way required for the Work; (3) Developer shall secure all required permits and environmental clearances necessary for construction of the project; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; (5) Developer shall pay all City fees and costs. (6) The City shall be held harmless and indemnified, and upon tender by the City, defended by the developer for any of the costs and liabilities associated with the construction of the project. (7) The developer shall advance all necessary funds to design and construct the project. (8) The developer shall secure at least three (3) qualified 3. Note this new requirement for an agreement to solidify the terms for reimbursement. F:\home\attomcy\tcbsf2.wp October 29, 1992 Telearaph c.n)'oo Sewer Basin DIP Pile 6 h-~ bids for work to be doneY The construction contract shall be granted to the lowest qualified bidder. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the Director of Public Works. (9) The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the Work. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Public Facility Project. (10) The agreement may provide that upon determination of satisfactory incremental completion of a Facility, as approved and certified by the Director of Public Works, the City may pay the developer progress payments in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25 % of such costs until issuance by the City of a Notice of Completion. (II) The agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the Fee for building permits to be applied for in the future. (12) When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for reimbursement. (13) After final determination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's 4. Since the City can't pay more that the estimated cost of the Facility as included in the DIF, the City will be able to amend the DIF to reflect increased costs as developers receive the results of bids. F:\home\attomey\tcbsfl.wp Oclober 29, 1992 Telc,raph Canyoo Sewer Basin DIP Paac7 6-1 duty to pay Fees required by this ordinance against the City's duty to reimburse the developer. (14) If, after offset if any, funds are due the developer under this section, the City shall reimburse the developer from the Fund either in cash or over time as Fees are collected, at the option of the City, for eligible costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee; or the developer may waive reimbursement and use the amount due them as credit against future Development Impact Fee obligations. Section 14. Procedure for Fee Modification Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the Fee imposed by this ordinance is unconstitutional or unrelated to mitigation of the burdens of the development, may apply to the City Council for a modification of the Fee and the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice is given of the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of modification, and shall provide an engineering and accounting report showing the overall impact on the DIF and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty (60) days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Fee imposed by this ordinance. Section 15. Fee Applicable to Public Agencies Development projects by public agencies, including schools, shall not be exempt from the provisions of the Fee. Section 16. Assessment District. If any assessment or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the Fund in an amount equal to that portion of the cost included in the calculation of the Fee attributable to the Work Alternatively Financed. In this regard, the amount of the reimbursement shall be based on the F:\home\a;uomey\u:bst2.wp October 29. 1992 TelClrapb Canyoo Sewer Buin DIP Pace I 6-/Cl costs included in the Basin Plan, as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. Section 17. Expiration of this Ordinance. This ordinance shall be of no further force and effect when the City Council determines that the amount of Fees which have been collected reaches an amount equal to the cost of the Facilities. Section 18. Time Limit for Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by Government Code Section 54995 after the effective date of this ordinance. Section 19. CEQA Findings for Statutory Exemption. The City Council does hereby find that the Fee herein imposed is for the purpose of obtaining funds for capital projects necessary to maintain service within existing service areas. The Council finds that the proposed Facilities are in existing rights of way parallel to or replacing existing sewer lines. Therefore, the City finds that the adoption of this Ordinance is statutorily exempt under the provisions of Public Resources Code Section 21080 (b) (8) and CEQA Guidelines Section 15273. Section 20. Other Not Previously Defined Terms. For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a) "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b) "Developer" means the owner or developer of a development. (c) "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. (d) "Development Project" or "Development" means any activity described in Section 65927 and 65928 of the State Government Code. F:\home\attomey\tcbsfl.wp October 29, 1992 Telegraph Canyon Sewer Basin DIP Pagc 9 b-// Section 21. Effective Date. adoption)' This ordinance shaH become effective sixty (60) days after its Presented by Bruce M. Boogaar City Attorney John P. Lippitt Director of Public Works 5. Source: Government Code Section 660l7(a). F:\home\lnomC'y\tcbsf2.wp October 29, 1992 t -IeJ, d reading and TclC'crapb Canyon Sewer Basin DIP p.,e 10 ('-- COUNCIL AGENDA STATEMENT ITEM TITLE: SUBMITTED BY: Ordinance ;(533 Establishing the Telegraph Canyon Sewer Development Impact Fee to Pay for Improvements to the Telegraph Canyon Sewer Basin ... / Director of Public wory'F City Manager~~ \~':6J~ ('J /? (4/Sths Vote: Yes_No.x) REVIEWED BY: In compliance with the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement between the City and EastLake Development, the City entered into a contract with Willdan Associates for preparation of the Telegraph Canyon Sewer Basin Improvement and Financing Plan. This plan and a subsequent addendum provide recommendations for sewer system improvements needed to accommodate ultimate wastewater flows in the basin and proposes a fee of $184 per Equivalent Dwelling Unit (EDU) to finance the construction of these improvements. This is a one time fee paid when building permits are taken out and is not an ongoing fee. RECOMMENDATION: That Council conduct subject public hearing and place the Ordinance on the first reading. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: The Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement required that the City prepare a Telegraph Canyon Sewer Basin Improvement and Financing Plan. The City awarded the contract for preparation of this plan to Willdan Associates. The work to be accomplished by the consultant included: 1. Preparation of a report to estimate current, projected and ultimate gravity sewage flows into the Telegraph Canyon Sewer Basin. 2. Recommendation of the type, size, location and approximate order of construction of necessary sewer improvements. 3. Establishment of a work program for future projects, with estimated costs for the construction of required facilities for the transportation of all sewage flows which will use the Telegraph Canyon Sewer. WPC F:\home\engm<<r\qeoda\tcsewer.fee ~ (P-;;J (, page2'~~~ Meeting Date 2 I ~f'" ,/q '2.. /1;17,7- 4. Establishment of fees or a funding mechanism to finance these improvements and flow monitoring. The original basin plan included gravity flows from the Woodcrest, EastLake, Sunbow, Rancho del Rey, Salt Creek Ranch and Otay Ranch developments. The improvements recommended to accommodate ultimate gravity basin flows included 5980 linear feet of 12" parallel sewer lines and 900 linear feet of 24" replacement sewer. The estimated total cost of recommended improvements was $1,447,630 in 1992 dollars, or $158 per Equivalent Dwelling Unit. As the basin plan was being completed, the EastLake I Specific Plan Amendment (SPA) was approved. The SPA deleted a residential development and adde4 commercial development in the EastLake Village Center area, resulting in a net estimated increase of 297 EDU's. We prepared the attached Adcrendum to Telegraph Canyon Sewer Basin Plan to estimate the additional improvements and costs due to the increased flow. We determined that an additional 300 linear feet of 10" relief sewer and 280 linear feet of 12" relief sewer would be needed to provide sufficient ultimate sewer capacity. The estimated total cost of all improvements was revised to $1,740,290 or $184 per EDU. Information was provided to the developers at various stages of the report preparation and approval process. Copies of the draft report were provided to the five major developers. Comments were received from Sunbow, Wilson Engineering for Baldwin, Project Design Consultants for Mc Millin Communities, and EastLake Development. Their comments were incorporated into the. final report. Copies of the final report were sent to the five major developers, as well as to six olher potentially affected developers and property owners. These are the only developers or owners who should be affected by the fee. They were also sent copies of the Addendum to Telegraph Canyon Sewer Basin Plan, and invited to a public meeting at 6:00 p.m. on October 5, 1992. A representative from the Baldwin Company was the only person to attend the meeting. His questions and comments were informational in nature. All eleven property owners were notified of the public hearing. Additional flows will be pumped to the Telegraph Canyon Basin from the EastLake and Salt Creek developments. These flows are being considered separately under a contract awarded February 25, 1992 for an amendment to this plan. Depending on the timing of construction and financing method approved by Council, the gravity basin fees may change with the inclusion of pumped flows. A plat showing the approximate boundary of the area affected by the proposed fee is attached as Figure I. All new facilities located east of 1-805 and discharging into the Telegraph Canyon sewer basin are required to pay this fee. The fee will be collected at the time that the building permits are pulled. The fee will be adjusted fot inflation and to reflect any changes in proposed development in the basin annually. A portion of this basin was included under Reimbursement District No. 43 adopted by Resolution 6157 on August 3, 1971. The agreement for this district expired in 1991. However, properties connecting to a public sewer which has been constructed at no cost to the property owners are still responsible for paying $16.00 per frontage foot in accordance with Ordinance No. 997. WPC F:\home\eogioeer\ageoda\tcleWcr.fce .)J/-Jf ~ t,~ I r ~ t l /?l: Meeting Date 1 01 2 ~rq v 111:!h )-- Environmental review of this project is not necessary at this time. Such review will be performed later, prior to project construction. At that time, an Initial Study Application will need to be filed with the City of Chula Vista Planning Department in accordance with CEQA requirements. On September 22, 1992, the City Council passed Resolution No. 16819 to set a public hearing to approve the Telegraph Canyon Sewer Basin Plan and establish the Telegraph Canyon Sewer Fee. Copies of the Basin Plan were distributed to Council prior to that date. FISCAL IMPACT: Passage of this ordinance will result in revenues of approximately $1,740,290, plus increases due to an annual adjustment for inflation. These revenues would be specifically used for construction of sewer improvements and flow monitoring in the Telegraph Canyon Basin. EMC:kpj:ST-002 WPC F:\home\caciDeer\lgcnda\tcsewer.fee ~ ?6 L"" t.~/~ TInS PAGE BlANK IJJ ~ -r/~t"/~ ~,-~ i IIiI ~ ... Eo Eo 0 IIiI ~ 0 g: tI): -. WW~ f- Z . '" -< C ~ ~-Z- "- _E8 ~ v I!: o i! 0 tl)c ~ ~ ,.. tI) .. ~ 0 < ffi~' z W'" m~ :z ! - -<f J ~' Q r ...J 5 ~ d -, -7 :2.. ~ !~ r: d,-/? u" . I .. ~ i ~ ~ ~ g~!ii '" t: !! ~ If) I I ~ V> z - en <t: 1:0 cr:: u..J ~ u..J en Z o >- Z <t: U ::r: Q... <t: cr:: C u..J ...J u..J E-- TInS PAGE BlANK 1-'"( ~ ?., / r;/ ~~ September 25,1992 File# ST-002 ADDENDUM TO TELEGRAPH CANYON SEWER BASIN PLAN As the Telegraph Canyon Sewer Basin Plan was being completed, the EastLake I specific Plan Amendment (SPA) was approved. The SPA deleted a residential development and added commercial development in the EastLake Village Center area, as shown on Figure 11 (enclosed) . This resulted in a net estimated increase of 297 Equivalent Dwelling Units (EDUs), where one EDU is equivalent to 250 gallons per day (gpd) of wastewater flow. This change occurred too late to incorporate it into the original gravity flow basin plan. This addendum was prepared to include the impact of this additional development on the basin plan. The original basin plan recommended replacement for all sewer segments with depth to diameter (D/d) ratios over 85 percent for Phase 4, or ultimate gravity flow basin development. We identified all sewer segments with D/d ratios between 75 and 85 percent (Table 1), and reevaluated them with the additional Village Center flows (about 0.115 cfs). The revised D/d ratios are shown on Table 2. Parallel sewers need to be provided for the sewer segments between Manholes 84-81, 80-78, and 55-52. The recommended sizes for the parallel sewers were taken from the original computer runs for Phase 4. These sizes were determined to be adequate to handle the additional flows. We also verified that the improvements recommended in the original report will have sufficient capacity (Table 3). The cost estimate for the required additional improvements is provided below. Unit costs were obtained from Willdan Associates and are consistent with the original report. Seqment Lenqth Size unit Cost MH 84-81 1800 LF 10" relief $60/LF MH 80-78 1200 LF 10" relief $60/LF MH 55-52 280 LF 12" relief $70/LF Total SUBTOTAL PLUS ENGINEERING, INSPECTION, SURVEYING @ PLUS CONTINGENCIES @ PLUS CITY ADMINISTRATION @ 15% 25% 2% $108,000 $ 72,000 $ 19.600 $199,600 $229,540 $286,925 $292,664 TOTAL (ROUNDED) $292,660 The existing report recommended improvements which had a total cost of $1,447,630. ~ t'IJ ~ The original total number of EDUs to be developed east of Highway I-805 was 9159. The fee per EDU would therefore be recalculated as follows: $1.447.630 + $292.660 9159 + 297 = $184.04 The charge per EDU would be increased to $184 . without the additional EastLake I SPA flows, the cost was $158 per EDU. This fee will be collected with the building permits and will be adjusted on a yearly basis to reflect chages in development and construction costs. (EMC2:TELADD) J ~ J ~t7 -7/-/ (p.,-~t? ~ ~~ ~ ~ ~ ~ - ~ 5 => ;:) ~ .... 11.1 .. Q ~ N ... 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TABLE 1 TELEGRAPH CANYON SEWER BASIN ORIGINAL FLOWS SEGMENTS FLOWING NEAR Old = 85 PEAK SEGMENT SLOPE DIAM FLOW FLOW (IN) (CFS) (CFS) K' Did 89.88 0.01000 15 3.49 6.17 0.44274 0.78 88.87 0.01000 15 3.51 6.21 0.44505 0.78 87-86 0.01000 15 3.63 6.40 0.45887 0.81 85-84 0.01250 15 3.89 6.82 0.43710 0.77 84-83 0.01050 15 3.89 6.82 0.47691 0.84 83.82 0.01050 15 3.89 6.82 0.47691 0.84 82.81 0.01050 15 3.90 6.83 0.47803 0.85 81.80 0.01200 15 3.90 6.83 0.44715 0.79 80.79 0.01200 15 4.16 7.25 0.47420 0.84 79-78 0.01200 15 4.16 7.25 0.47420 0.84 65-64 0.00800 18 5.65 9.57 0.47169 0.83 64.63 0.00800 18 5.65 9.57 0.47169 0.83 63.62 0.00800 16 5.65 9.57 0.47169 0.83 59.58 0.01060 16 5.90 9.96 0.42643 0.75 56.57 0.01036 16 5.90 9.96 0.43134 0.76 57.56 0.01036 18 5.90 9.96 0.43134 0.76 56.55 0.01060 18 5.90 9.96 0.42643 0.75 55.54 0.00847 18 5.90 9.96 0.47705 0.85 54.53 0.00847 18 5.90 9.96 0.47705 0.85 53-52 0.00847 18 5.90 9.96 0.47705 0.85 32.31 0.00413 21 6.06 10.20 0.46406 0.82 4-3 0.00430 24 9.05 14.70 0.45885 0.81 K' = [Opeak X n] I [(D/12) ^ 8/3 X S ^ 0.5] Did from table 7-14 of Handbook of Hydraulics Opeak = 1.98 (Oave)^0.91 Pl0~ /. ~1'5 ~':23 TABLE 2 TELEGRAPH CANYON SEWER BASIN FLOWS INCLUDE VILLAGE CENTER ADDmONS (ADDING 74,365 GPD = 0.11506 CFS) PEAK SEGMENT SLOPE DIAM FLOW FLOW (IN) (CFS) (CFS) K' DId ~B8 0.01000 15 3.605 6.36 0.45600 0.80 88-87 0.01000 15 3.625 6.39 0.45831 0.81 87-86 0.01000 15 3.745 6.58 0.47209 0.83 85-84 0.01250 15 4.005 7.00 0.44885 0.79 84-83 0.01050 15 4.005 7.00 0.48973 0.88 B:H!2 0.01050 15 4.005 7.00 0.48973 0.88 82-81 0.01050 15 4.015 7.01 0.49084 0.88 81-80 0.01200 15 4.015 7.01 0.45914 0.81 ~79 0.01200 15 4275 7.43 0.48612 0.87 79-78 0.01200 15 4.275 7.43 0.48612 0.87 65-64 0.00800 18 5.765 9.75 0.48063 0.85 64-63 0.00800 18 5.765 9.75 0.48063 0.85 63-62 0.00800 18 5.765 9.75 0.48063 0.85 59-58 0.01060 18 6.015 10.13 0.43399 0.76 58-57 0.01036 18 6.015 10.13 0.43899 0.77 57-56 0.01036 18 6.015 10.13 0.43899 0.77 58-55 0.01060 18 6.015 10.13 0.43399 0.76 5&-54 0.00647 18 6.015 10.13 0.48550 0.87 54-53 0.00647 18 6.015 10.13 0.48550 0.87 53-52 0.00647 18 6.015 10.13 0.48550 0.87 32-31 0.00413 21 6.175 10.38 0.47207 0.83 4-3 0.b0430 24 9.165 14.87 0.46415 0.82 K' = [Opeal<X n] I [(D/12)A8I3XSAO.5] Old from table 7-14 a Handbook a Hydraulics Opeal< = 1.98 (Oave) AO.91 I J 'if i -?~ t,..,2. TABLE 3 TELEGRAPH CANYON SEWER BASIN EXISTING PLUS ADDITIONAL VILLLAGE CTR FLOWS AND RECOMMENDED IMPROVEMENTS PEAK SEGMENT SLOPE DIAM** FLOW FLOW K' DId (IN) (CFS) (CFS) 78-77 0.00900 19.208 4.27506 7.43 0.29029 0.57 15" SEWER PLUS 12" RELIEF 77-76 0.00900 19.208 4.27506 7.43 0.29029 0.57 " " 7&75 0.00900 19.208 4.96506 8.51 0.33264 0.62 " " 7'H4 0.01200 19.208 4.96506 8.51 0.28807 0.57 74-73 0.01200 19.208 5.08506 8.70 0.29440 0.57 " 73-72 0.01200 19.208 5.28506 9.01 0.30492 0.59 " 72-71 0.01200 19.208 5.29506 9.02 0.30544 0.59 " 71-70 0.01200 19.208 5.29506 9.02 0.30544 0.59 " 70-69 0.01200 19.208 5.31506 9.05 0.30649 0.59 69-68 0.01200 19.208 5.34506 9.10 0.30807 0.59 " 68-67 0.01200 19.208 5.59506 9.49 0.32115 0.61 " 67-66 001650 19.208 5.60506 9.50 0.27433 0.55 " 66-65 0.02000 19.208 5.76506 9.75 0.25563 0.53 " 52-51 0.00800 21.636 6.01506 10.13 0.30585 0.59 18" SEWER PLUS 12" RELIEF 51-50 0.00800 21.636 6.06506 10.21 0.30816 0.59 " 50-49 0.00800 21.636 6.06506 10.21 0.30816 0.59 49-48 0.00800 21.636 6.06506 10.21 0.30816 0.59 " 48-47 0.00800 21.636 6.08506 10.24 0.30909 0.59 47-46 0.00800 21.636 6.08506 10.24 0.30909 0.59 46-45 0.01702 21.636 6.08506 10.24 0.21191 0.47 " 45-44 0.01702 21.636 6.08506 10.24 0.21191 0.47 " 44-43 0.01702 21.636 6.08506 10.24 0.21191 0.47 " " 43-42 0.01702 21.636 6.11506 10.29 0.21286 0.47 " " 42-41 0.01702 21.636 6.11506 10.29 0.21286 0.47 " 41-40 0.00366 24.18 6.13506 10.32 0.34227 0.63 21" SEWER PLUS 12" RELIEF 40-39 0.00366 24.18 6.13506 10.32 0.34227 0.63 " 39-38 0.00378 24.18 6.13506 10.32 0.33680 0.63 " " 38-37 0.00366 24.18 6.13506 10.32 0.34227 0.63 " " 37-36 0.00366 24.18 6.13506 10.32 0.34227 0.63 " 36-35 0.00366 24.18 6.13506 10.32 0.34227 0.63 " " 35-34 0.00366 24.18 6.14506 10.33 0.34278 0.63 " 34-33 0.00366 24 6.17506 10.38 0.35123 0.65 21" SEWER REPLACED WITH 24" 33-32 0.00366 24 6.17506 10.38 0.35123 0.65 21" SEWER REPLACED WITH 24" .. AU. DIAMETERS ARE EQUr,>AlE~ DIAMETERS EXCEPT FOR LASTiWO SEGME~S K: [QpookXn] [(D12/'83XS'05J ~ C.'d from table 7-'" o! Handboc* of Hydrauh~ Qpooi<: 1.98 100VOI '0.91 ~-;2S- ~'iS THIS PAGE BlANK. J/.j J~ . -. , ~ ~-,;24 ., COUNCIL AGENDA STATEMENT Item 7 Meeting Date 11/10192 TIEM 1TILE: /(, rt'v I Resolution: Approving a Lease Agreement Between the City of Chula Vista and the Chula Vista American Legion Post No. 434, Inc. SUBMITfED BY: Director of Parks and Recreatio~ J/ City Manager 11; . ~ /1 (4I5ths Vote: Yes _ No X) REVIEWED BY: At the City Council meeting of November 3, 1992, the City Council, in reviewing the Agenda Report and Lease of the aforementioned item, directed certain changes to the lease. The Council approved, in concept, the staff recommendation to renew the lease for a period of 10 years, with certain conditions applying to the Legion's occupancy. The changes to the lease, which are now brought forward in this report, provide that the City dedicate the proceeds of any insurance policy, paid for by the Legion, to assist in finding alternate housing for the Legion if the building, which is the subject matter if the lease, is destroyed (i.e., loss of greater than 50% of replacement value). In addition, there are language changes regarding requirements for earthquake insurance. The attached lease, which is marked to show all changes, implements that direction. STAFF RECOMMENDATION: That the Council adopt the attached Resolution which approves a Lease Agreement between the City and the American Legion, which: 1. Proposes a 10 year initial term lease, with an automatic 10 year extension unless the City determines that the City needs the American Legion site for other parks and recreation purposes; and 2. Conditions the American Legion to support Chuhi Vista children and youth organizations at no less than $6,000 per year; and 3. Conditions the American Legion to invest no more than $100,000 in Legion funds in structural and building improvements, approved by City staff, and completed within one year of the date of the signing of the lease agreement. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The specific changes in the proposed lease agreement are as follows: lamerlegn.2] 1 '7- / ( . [amerlegn.2] ? Item Meeting Date 11/10192 1. Section 9. DAMAGE OR DESTRUCTION. The City Attorney had recommended that all of the insurance proceeds go to the City because it is a City asset that would be lost or damaged. The Council, however, directed that the proceeds of the insurance premium, which has been paid for by the Tenant, be used as part of a good faith effort to relate the Tenant to alternate housing. The language added is: If the Landlord elects to terminate the lease, the Landlord shall appropriate the proceeds of any insurance, the premium for which has been paid for by the Tenant, for the purpose of providing alternate housing for the Tenant, and shall use diligent efforts in cooperation wit the Tenant to find other facilities for rent or purchase, which diligent efforts includes, but is not limited to, the tender of such portion of such aforereferenced insurance proceeds that the Council deems appropriate. 2. Section 10. INSURANCE. The requirement for earthquake insurance is limited, such that it is to be provided after a reasonable opportunity, given diligent efforts, to install the mandatory (i.e., earthquake) improvements, and is to continue until the mandatory improvements were completed. The language deleted is the requirement for earthquake insurance for the duration of the lease. The language added is: SubSection 10.2 Property Damage Due to Earthquake. Upon execution of the Lease, Tenant shall pay to the Landlord, the Landlord's incremental premium to obtain property damage insurance due to earthquake, in such form acceptable to the City, not to exceed $300, and City may, at their option, use same for the purchase of such insurance as is satisfactory to the City (which shall have such deductible acceptable to the City) for a period not to exceed 1 year, on the building which is the subject matter of the Premises. Failure of the City to acquire said insurance shall not constitute a breach of this Agreement, except Landlord shall return the amount of said premium to Tenant if said insurance is not acquired by Landlord. On the condition that Tenant shall not have completed the mandatory improvements to the 2 ?-c2 Item Meeting Date 11/10m 7 premises required by Section 3 above, within 1 year after the execution of this Agreement, Tenant shall, at that time, provide and maintain, in a manner satisfactory to the City, and, for so long as such mandatory improvements remain incomplete, one or more insurance policies to cover damage and/or destruction of the building in the event of an earthquake. 3. Other language specifically deleted from the agreement referred to the Landlord's ability to terminate the lease in the event of damages, and concerns raised regarding current standards relating to earthquake peril. FISCAL IMPACT: None to the City. The American Legion will invest $100,000 in the building. Attachment - Lease Agreement [amerlegn.2] 3 7-J /7-1 AMERICAN LEGION LEASE THIS LEASE is made the 3rd day of November, 1992, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter "CITY", or "LANDLORD", and the CHULA VISTA AMERICAN LEGION, POST NO. 434, INC., a California Corporation, hereinafter "LEGION", or "TENANT': W!INg~~.!HH~ Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, that ~rtain property and premises commonlv known as the buildinl/ which currentlv houses the ooerations of the American LeI/ion Post No. 434. commonlv addressed as 47 Fifth Avenue. Chula Vista. and the curtilae:e immediatelv surroundine: same. as 8utliaetl aRa f)rs1.iasa fer is E1ffiilJit "..A.", attaelleEl }:u~rete aRe iaS0f13erateEll1y refereRse. IRshuleEl ia the lease agreem8Rt is Band the non.exclusive eaSI!me8t fer the use of the adjacent parking lot, as aessribea 88 ~ffiibit ".^.". The parties hereto agree that said letting and hiring is upon and subject to the terms, covenants and conditions herein set forth, and tenant covenants as a material part of the consideration for this lease, to keep and perform each and all of said terms, covenant and conditions by it to be kept and performed and that this lease is made upon condition of such performance. 1. TERM: The term of this lease shall be for ten years commencing on the 1st day of November, 1992, and ending on the 31st day of October, 2002, and a consecutive term of ten years commencing on the 1st day of November, 2002, and ending on the 31st day of october, 2012; with the right reserved to the Landlord to terminate this lease after the end of the first 10 years if the Landlord determines that the Premises is needed for Eucalyptus Park expansion or renovation ("Renovation Need Determination"). This lease supersedes any and all prior leases for said premises between these parties. 2. RENT: Tenant hereby agrees to pay Landlord, as annual basic rent for the premises, the sum of One Dollar ($1.00) per year, commencing on the first day of the Term of this Lease and continuing thereafter on the first day of each succeeding year during the Term of this Lease. 2.1 Annual Contribution In addition to, and as part of, the rent aforementioned, Tenant shall contribute to designated Chula Vista children and youth programs ("Designated Recipients"), in an amount of amleg4.wp November 5, 1992 American Legion Lease, 1992-2002 Page 1 7-.5"" no less than $6,000 per year. A list of the pre-approved children, youth and veterans programs is described and attached in Exhibit "B". 2.1.1. Notwithstanding "designated recipients", case-by-case applications for funds by children and youth groups, may be considered by the Tenant during the fiscal year. 2.1.2 The Tenant will provide to the Landlord, a fiscal year-end report, within fifteen (15) days following the end of the fiscal year (June 30th), for the amount of funds expended, by the Tenant, and to what pre-approved organizations, or individuals, received the funds. Additionally, copies of denials or deferrals will be provided. 3. MANDATORY IMPROVEMENTS: In addition to, and as part of, the rent aforementioned, Tenant shall make the improvements to the Premises as identified on the attached Exhibit "C' at their sole cost and expense, and not later than at the time designated in the attached Exhibit "C', and then according to design plans and specifications approved in advance by the Landlord but only to the extent of $100,000 in expenses to the Tenant. 4. USE: 4.1 Tenant may utilize said premises for any use authorized by the Charter of the National or Local American Legion Post, including, but not limited to, meetings of Legion and its members or affiliated groups, social functions sponsored by Legion or its affiliated groups, social functions as may be contemplated from time to time of non-affiliated groups under a license agreement with Legion; provided however, that the fee or charge levied upon any such non-affiliated groups be no greater than necessary to defray the cost of maintenance or repair of said facility, and that such use will not be of such a nature as to interfere with the primary use of the facility by the Legion or its affiliated groups. 4.2 Tenant further covenants that Tenant shall not do or permit anything to be done, in or about the premises, which shall be in any way immoral, unlawful, or in violation of any state or local requirements. Tenant shall not commit, or suffer to be committed, any waste in or upon the premises. 4.3 Tenant hereby agrees and covenants to comply with all rules and regulations of any nature whatsoever regarding the sale and/or use of alcoholic beverages upon the premises, including maintenance of liquor liability insurance coverage as provided in Paragraph 10 Insurance. 5. NOTICE: Any notice required or permitted to be given hereunder must be in writing, and may be given by personal delivery or by mail, and if given by mail, shall be deemed sufficiently given if sent by registered or certified mail, addressed to Chula Vista American Legion Post 434 at 47 Fifth Avenue, Chula Vista, California 91910. Either party may, by written notice to the other, amleg4.wp November 5, 1992 American Legion Lease, 1992-2002 Page 2 7-~ specify a different address for notice purposes. Notice to the City, if by mail, shall be addressed to the City Manager, 276 Fourth Avenue, Chula Vista, California 91910. 6. NONDISCRIMINATION COVENANT: Tenant hereby covenants that it will not engage in or permit any discrimination based upon race, color, creed, national origin, sex, or age, of any person or group who requests to use said facility from time to time; provided, however, that Tenant shall not be obligated to permit usage of the demised premises except as may be convenient and not interfere with the primary usage of the facility by Tenant. 7. T}\)(~S: Tenant shall be liable for and shall pay, ten days before delinquency, taxes levied against any personal property or trade fIXtures placed by Tenant in or about the premises. Further, Tenant shall be obligated to pay any and all other taxes, including but not limited to possessory interest tax, which may be from time to time assessed upon the facility. The failure of Tenant to pay such levied tax, resulting in the establishment of a tax lien by any taxing agency, shall constitute a major breach of this lease and constitute grounds for recovery of possession by Landlord. 7.1 Possessory Interest Tax. The provisions of this agreement may give rise to the creation of a possessory interest in City-owned tax exempt land or improvements. If such a possessory interest is created by this agreement, it may be subject to property taxation pursuant to California Revenue and Taxation Code Sections 107, et seq., and the Lessee may be subject to the payment of property taxes levied on such interest. In such event, Participant agrees to pay, or cause to be paid, when due any such possessory interest tax. This notice is given pursuant to Revenue and Taxation Code Section 107.6. 8. REPAIRS: 8.1 By entry hereunder, Tenant accepts the premises as being in good sanitary order, condition, and repair. Tenant shall, at Tenant's sole cost and expense, keep the premises and every part thereof in good condition and repair. Damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear are excepted. Tenant shall, upon the expiration or sooner termination of the term hereof, surrender the premises to Landlord in the same condition as when received, ordinary wear and tear and damage from causes beyond the reasonable control of the Tenant excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate, or paint the premises, or any part thereof, and the parties hereto affirm that Landlord has made no representations to Tenant, respecting the condition of the premises or building, except as specifically herein set forth. 8.1.1 Specific Repairs. As part of the general duty of repair hereinabove set forth, Tenant shall make the following specific repairs as set forth in Exhibit "B"; and as shall occur from time to time during the term of the lease. amleg4.wp November 5, 1992 American Legion Lease, 1992-2002 Page 3 ;-? 8.2 All repairs made by Tenant may only be made after approval of plans and specifications approved in advance by the Landlord, and then only in compliance with said approved plans. 8.3 Tenant further waives the right to make repairs at Landlord's expense, under Section 1942 of the California Civil Code, or any other law, statute or ordinance now, or hereafter, in effect. 9. DAMAGE OR DESTRUCTION: 9.1 In the event the building of which the premises are a part, is damaged hy fire sr ather perils sl'wered hy eJtteHded severage iHsllraH6e, and in the event of destruction equal to greater than 50% of the replacement value of the building, at the Landlord's option, this lease shall terminate. In the event of less than fifty percent (50%) destruction of the structure, any proceeds which the Landlord may receive from its insurer will be applied toward the reconstruction of the building; such reconstruction to be prosecuted diligently by City, in which event this lease shall remain in full force and effect for the remainder of the term, if any. In the event that more than fifty percent (50%) of the building, which constitutes a portion of these premises, is destroyed by fire or other peril, regardless of any insurance proceeds to which City may be entitled, City shall have no obligation to rebuild the structure with such insurance proceeds. The lease shall, upon such event, be terminated. In either event, Landlord shall give Tenant written notice of its intention within a ninety (90) day period from the date of the occurrence resulting in the destruction of the premises, or any part. If the Landlord elects to terminate the lease. the Landlord shall approoriate the oroceeds of anv insurance. the oremium for which has been oaid for bv the Tenant. for the ourDOse of orovidine: alternate housine: for the Tenant. and shall use dilie:ent efforts in coooeration with the Tenant to find other facilities for rent or ourchase. which dilie:ent efforts includes. but is not limited to. the tender of such oortion of such aforereferenced insurance oroceeds that the Council deems aoorooriate. 9.2 Is the 01.'e8t of damages ElHe to Bay GaHES ether thaa tire aT ataer feril eGo/Bred by snteaEleel GCP.'erage iR!H::lf8RSe, LaaEllc3fG may eleet t8 tefHiiaate tki& leas8. 9.3 It is hereby understood that if Landlord is obligated to, or elects to repair or restore as provided herein, Landlord shall be obligated to make repairs or restoration only of those portions of said building at said premises which were originally provided by Landlord. Landlord shall not be obligated to provide repair and/or restoration of any item of Tenant's property located in said premises or affIXed thereto. 9.4 TeRaet 8eka8wleages that tI:ie I3femi&8& Be Ret lRest s1:Irreal staaElarBs relatiRg t8 eartkElHalce peril. amleg4.wp November 5, 1992 American Legion Lease, 1992-2002 Page 4 ?-g' 10. INSURANCE: 10.1 Tenant shall, throughout the duration of this lease, maintain comprehensive general liability, with no exclusion for personal injury from earthquake,lIliquor liability and property damage insurance covering all operations hereunder of Tenant, its agents and employees including but not limited to premises and automobile, with minimum coverage of one million dollars ($1,000,000) combined single limits. Evidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement which names the City as Additional Insured, shall be submitted to the City Clerk at 276 Fourth Avenue, prior to occupancy, and annually thereafter. Said policy or policies shall provide thirty (30) day written notice to the City Clerk of the City of Chula Vista of cancellation or material change. 10.2 Property Damal!e due to EarthQuake. Uron execution of the Lease. Tenant shall pay to the Landlord. the Landlord's incremental nremium to obtain nronerty damal!e insurance due to earthQuake. in such form accentable to the City. not to exceed $300. and City mav. at their ontion. use same for the purchase of such insurance as is satisfactory to the City (which shall have such deductible accentable to the City) for a neriod not to exceed 1 vear. on the buiJdinl! which is the subiect matter of the Premises. Failure of the City to aCQuire said insurance shall not constitute a breach of this Al!reement. excent Landlord shall return the amount of said nremium to Tenant if said insurance is not acauired bv Landlord. On the condition that Tenant shall not have comnleted the mandatory imnrovements to the nremises reQuired bv Section 3 above. within 1 vear after the execution of this Al!reement. Tenant shall, tllrsNgRsNt tll8 BNratisR sf tllis 18as8, at that time provide and maintain, in a manner satisfactory to the City. and, for so long as such mandatory improvements remain incomplete, one or more lIft-insurance policyjes to cover damage and/or destruction of the building aRB p8F&SRal iRjmy in the event of an earthquake. Such earthquake insurance policyies shall be provided by Tenant, at no cost to Landlord. Evidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement which names the City as Additional Insured and Loss Pavee, shall be submitted to the City Clerk at 276 Fourth Avenue, prier ts 86GNpaRsy, aRB aRRNall)' t1l8F8aR8r. Said policy or policies shall provide thirty (30) day written notice to the City Clerk of the City of Chula Vista of cancellation or material change. 11. ASSIGNMENT AND SUBLETTING: Tenant shall not, either voluntarily or by operation of law, sell, hypothecate or transfer this lease or sublet the premises or any part thereof, or permit the premises or any part thereof to be occupied by anyone other ,than Tenant or Tenant's employees, without the prior written consent of the Landlord, or his designated representative in each instance. Any sale, assignment, mortgage, transfer, or subletting of this lease, which is not in compliance with the provisions of this article, shall be void and shall, at the option of the Landlord, terminate this lease. The 1. Pursuant to my conversations with the Risk Manager, most all comprehensive general liability policies are written like this, and there is no substantially greater expense resulting from specifying that the policy not exempt earthquakes. As a result, the City Attorney recommends that this be kept in. amleg4.wp November 5, 1992 American Legion Lease, 1992-2002 Page 5 7-1 consent by Landlord to an assignment or subletting shall not be construed as relieving Tenant from obtaining the express written consent of Landlord to any further assignment or subletting, or as releasing Tenant from any liability or obligation whereunder, whether or not then accrued. 12. LIENS: Tenant shall keep the premises, building and the property upon which the building is situated, free from any liens arising out of the work performed, materials furnished, or obligations incurred by Tenant. Failure to keep said premises free of liens shall constitute a major breach of the covenants of this agreement and grounds for termination by Landlord, at Landlord's sole option. 13. UTILITIES AND SERVICES: Tenant hereby covenants and agrees that all utilities and services necessary for the use and occupation of the demised premises shall be provided and paid for by Tenant. 14. CONDITION OF PREMISES: Tenant acknowledges that neither Landlord, nor any agent of Landlord, has made any representation or warranty with respect to the premises or the building, or with respect to the suitability of either for the conduct of Tenant's use of said premises. The taking and possession of the premises by Tenant shall conclusively establish that the premises and said building were at such time in satisfactory condition. 15. ALTERATIONS: 15.1 Tenant shall make no alterations or improvements, as described hereinbelow, without the consent of Landlord or Landlord's agent, except as provided for in Section 3 and Exhibit "Coo. For the purposes of this lease, the City Manager or his authorized representative shall be delegated the authority to approve any alterations or improvements proposed by Tenant. All alterations, including but not limited to, structural alterations of the building, internal partitioning, major carpentry work, shall require the consent of Landlord or his agent as provided above. In any event, all such authorized work performed by Tenant shall be in compliance with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction. All alterations, decorations, additions, or improvements upon the premises, made by either party; including, without limiting the generality of the foregoing, all wall covering, built-in cabinet work, paneling and the like, shall, unless the Landlord elects otherwise, become the property of Landlord and shall remain upon, and be surrendered with the premise as a part thereof at the end of the term hereof; except that Landlord may, by written notice to Tenant, given at least thirty (30) days prior to the end of the term, permit Tenant to remove all partitions, counters, railings, and the like, installed by Tenant. 15.2 All articles of personal property and all business and trade fIXtures, machinery and equipment, furniture and moveable partitions owned by Tenant, or installed by Tenant at its amleg4.wp November 5, 1992 American Legion Lease, 1992-2002 Page 6 ')- J () expense in the premises, shall be and remain the property of Tenant and may be removed by Tenant at any time during the lease term Tenant is not in default hereunder. Tenant hereby agrees, notwithstanding the above provisions, to compensate for damage occasioned in the removing of any articles of personal property and/or all business and trade fIXtures, machinery and equipment. All articles left following the termination of this agreement shall become the sole property of Landlord. 16. BANKRUPTCY: If Tenant shall file a petition in voluntary bankruptcy, or under Chapter X or Chapter XI of the Bankruptcy Act as then in effect, or if the Tenant shall be adjudicated a bankrupt in involuntary bankruptcy proceedings and such adjudication shall not have been vacated within thirty (30) days from the date thereof, or if a receiver or trustee by appointed of Tenant's property and the order appointing such receiver or trustee be not set aside or vacated within thirty (30) days after the entry thereof, or if the Tenant shall assign Tenant's estate or effects for the benefit of creditors, or if this lease shall otherwise by operation of law devolve or pass to any person or persons other than Tenant, then and in any such event Landlord may, if Landlord so elects, without notice of such election and with or without entry or action by Landlord, forthwith terminate this lease. 17. INDEMNIFICATION: Tenant shall indemnify and hold harmless Landlord against and from any and all claims arising from Tenant's use of the premises or the conduct of its activities, work, or thing done, permitted or suffered by the Tenant in or about the premises, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this lease, or arising from any act, neglect, fault or omission of the Tenant, or of its agents or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in or about such claim or any action or proceeding brought thereon and in case any action or proceeding be brought against Landlord by reason of such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's expense. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the premises from any cause whatsoever, except that which is caused by the failure of Landlord to observe any of the terms and conditions of this lease and such failure has persisted for an unreasonable period of time after written notice of such failure, and Tenant hereby waives all claims in respect thereof against Landlord. 18. DEFAULTS AND REMEDIES: 18.1 The occurrence of anyone or more of the following events shall constitute a default hereunder by Tenant: 18.1.1 The abandonment of the premises by Tenant. Abandonment is herein defined to include, but in not limited to any absence by Tenant from the premises for five (5) days or longer while in default of any provision of this lease. amleg4.wp November 5, 1992 American Legion Lease, 1992.2002 Page 7 7-) I 18.1.2 The failure by Tenant to obselVe or perform any of the express or implied covenants or provisions of this lease to be obselVed or performed by Tenant, which such failure shall continue for a period of ten (10) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to any notice required under California Code of Civil Procedure Sec. 1161; provided, further, that if the nature of Tenant's default is such that more than ten (10) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant shall commence such cure within said ten day period and thereafter diligently prosecute such cure to completion. 18.1.3 The making by Tenant of any general assignment for the benefit of creditors. 18.2 In the event of any such default by Tenant, in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate the lease and all rights of Tenant hereunder. 19. WAIVER: The waiver by Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained, nor shall any custom or practice which may grow up between the parties in the administration of the terms hereof be deemed a waiver of, or in any way affect, the right of Landlord to insist upon the performance by Tenant in strict accordance with said terms. 20. ENTRY: Landlord reseIVes and shall at any and all times have the right to enter the premises to inspect the same, for the purpose of determining compliance with all provisions of this agreement, including, but not limited to, compliance with Building Code and fire safety and the preseIVation of the premises against waste. The inspection of said premises other than its normal hours of occupancy shall be made only following request at least twenty-four (24) hours in advance to Tenant, or Tenant's authorized representative. 21. PRIOR AGREEMENTS: This lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provision of this lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. amleg4.wp November 5, 1992 American Legion Lease, 1992-2002 Page 8 ?-/ .2 22. SEPARABILITY: Any provision of this lease which shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provision hereof, and such other provisions shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this lease the day and year first above written. TIlE CITY OF CHULA VISTA CHULA VISTA AMERICAN LEGION POST No 434, INC. Tim Nader, Mayor ATTEST City Clerk Approved as to form by City Attorney amleg4.wp November 5, 1992 American Legion Lease, 1992-2002 Page 9 7-) J (7-11 EXHIBIT A THAT THE PREMISES HEREINABOVE DESCRIBED SHALL CONSIST OF THE FOLLOWING FOR A TERM OF 'TEN (10) YEARS: ..... A portion of Lots 15 and 16 of Quarter Section 150 of the City of Chula Vista according to May thereof No. 50S, filed in the office of the County Recorder of San Diego County, dated March 13, 1BBB. Beginning at the Northwest corner of said Lot 16; thence South lsols' East along the Westerly line of said Lot 16, 123.70 feet to the TRUE POINT OF BEGINNING; Thence North S1"16'OO. East, 130.80 feet; Thence South SlosS'30. East, 49.46 feet; Thence South 3s03s'2s. East, 19.15 feet; Thence South 7901S'20. East, 43.41 f,eet; Thence South 67034'15. East, 29.70 feet; Thence South 60021'10. East, 100.0S feet; Thence South lsos6'Os. East, 71.34 feet; Thence South 71"45'00. West, 30S.47 feet to a point on the Westerly line of Lot 15 which lies South lsols'OO. East, 247.52 feet along the Westerly line of Lots 15 and 16 from the true point of beginning; Thence North lsols'OO. West 247.52 feet to the TRUE POINT OF BEGINNING. - Containing 1.35 acres, more or less. Reserving an easement for ingress, egress and general road purposes over, along and across the Westerly twenty (20) feet of the above described parcel. LANDLORD HEREBY RESERVES ON BEHALF OF LANDLORD AND MEMBERS OF THE PUBLIC GENERALLY AND ANY SUCCESSOR OR ASSIGN OF LANDLORD, A NON-EXCLUSIVE EASEMENT FOR THE USE OF THE PARKING AREA, MORE PARTICULARLY DESCRIBED BELOW: AMERICAN LEGION PARKING LOT LEASE A portion of Lots 15 and 16 of Quarter Section 150 of the City of Chula Vista according to Map thereof No. 50S, filed in the office of the County Recorder of San Diego County, dated March 13, lSSS. Beginning at the Northwest corner of said Lot 16; thence South lS 015' East along the Westerly line of said Lot 16, 220.30 feet to the TRUE POINT OF BEGINNING; thence South 18015'00. East 31 feet to the beginning of a tangent curve, concave Southerly, having a radius of 14 feet; thence Southeasterly along the arc of said curve, through a central angle of 900, a distance of 21.99 feet; - /-IS- Thence South 18015'00. East, 105.92 feet; Thence North 71045'00. East, 259.47 feet; Thence North 18015'00. West, 65.00 feet to the beginning of a tangent curve, concave Southerly, having a radius of 45 feet; thence Northwesterly, along the arc of said curve, through a central angle of 900, a distance of 70.69 feet; Thence North 18015'00. West, 20 feet; Thence South 71045'00. West, 90 feet; Thence South 18015'00. East, 20 feet; Thence South 71045'00. West, 74.80 feet to the beginning of a tangent curve, concave Northerly, having a radius of 35 feet; thence Northwesterly, along the arc of said curve, through a central angle of 65027'13. a distance of 39.98 feet to the beginning of a reverse tangent curve, concave Southerly, having a radius of 35 feet, thence Northwesterly, along the arc of said curve, through a central angle of 65027'13. a distance of 39.98 feet to the TRUE POINT OF BEGINNING. 6546a - - 7-/~ EXHIBIT "B" LISf OF PRE-APPROVED RECIPIENTS OF AMERICAN LEGION. DONATIONS 1. Little League: Parl.view Chula Vista American Twin Hills Chula Vista North Park Pony South Bay Little League 2. School Awards (Americanism) (Savings Bonds): Chula Vista Middle and Senior High Schools Bonita Vista Middle and Senior High Schools Castle Park Middle and Senior High Schools Hilltop Middle and Senior High Schools 3. Chula Vista Firefighters and Salvation Army for Christmas Baskets. Thanksgiving and Christmas dinners for lonely seniors. 4. Summer camps for needy kids in Chula Vista 5. Boys State (3) and Girls State (2) Awardees (week in Sacramento) 6. Freedom Foundation and Valley Forge Program for High Schools 7. Boy Scouts of Chula Vista Troops 852 and 529 8. Pop Warner Football played at Chula Vista High School 9. Community Youth Programs held at Post 434: Christmas Party with gifts for needy kids with Santa Easter Egg Hunt Halloween Party with games and prizes 10. Special Olympics 11. Chula Vista Snow (December) and Fireworks (July 4) 12. American Legion Baseball 13. City of Chula Vista Parks and Recreation Department youth programs 14. Legion and Auxiliary Color Guard 15. Veterans Rehabilitation 16. Chula Vista Youth Soccer 17. Law and Order (awards) 18. Department Convention 19. Veterans Employment (awards) 20. Blood Bank (breakfasts) 21. Chula Vista High School Bands 22. Naturalization 23. Disaster and Emergency Relief 24. Meals on Wheels 25. Veterans Memorial (Chula Vista Memorial Park Bowl) 26. St. Vincent de Paul (Father Joe) (tmeriesnl / .-/ 7 Exhibit "CO LIST OF REQUIRED BUllDING IMPROVEMENTS As agreed to in Section 3, Mandatory Improvements, Tenant agrees to expend the amount of One Hundred Thousand Dollars ($l()(),OOO) on improvements to the Landlord's building. These improvements shall be made, as specified below, and in the time frame(s) specified below, to the Landlord's satisfaction and in full compliance with all building and inspection, and Engineer's Design Standards for Building Permits, as required. PHASE I (To be completed no later than three (3) months from the date of execution of the Lease Agreement) Electrical Service Upgrade Repairs: Proper Installation of Condensate Lines for Ice-Makers Installation of Screening and Under-Floor Vents Replace Water Heater Compartment PHASE II (To be completed no later than nine (9) months from the date of execution of the Lease Agreement) Engineering Post and Steel Bracing Roof Clips and Labor PHASE ill (To be completed no later than twelve (12) months from the date of execution of the Lease Agreement) Americans With Disabilities Act (ADA) Requirements: Directional and Braille Signage required in Parking Lot and inside Designated Parking Spaces New Ramps which do meet ADA Requirements Doors to Corridor and Restrooms Public Counters Renovation of Restrooms in general (ADA) Doors to have lever-type handles, and auto-assist Reroofing of existing structure Stucco/Color Coat ?--/ ~ RESOLUTION NO. /~8'Q;/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA AMERICAN LEGION POST NO. 434, INC., AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the City of Chula Vista and the American Legion Post have contracted with each other for various lease agreements since 1941, when the City approved a lease to the American Legion for a building site in Eucalyptus Park; and, WHEREAS, in 1986, the City Council changed the Legion's lease to a month-to-month, in order to work with the Legion to consider site and building improvements and a two-year lease agreement was approved by the Council on February 27, 1990; such lease expired in February 1992; and, WHEREAS, in a letter dated February 25, 1992, the Legion requested that Council extend the existing lease agreement for the building at Eucalyptus Park; and, WHEREAS, on March 3, 1992, Council considered this request under written communications and at that time, staff recommended that Council direct staff to continue negotiations with the American Legion on the construction of a new Legion hall/community center at the lower level of the Park, but due to financial constraints, the Legion is requesting the City renew the lease for the existing building; and WHEREAS, on October 15, 1992, the Parks and Recreation Commission voted 5-1-1 (1 absent; 1 abstention due to membership in the American Legion) to approve the lease agreement between the City of Chula vista and the American Legion. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a Lease Agreement between the city of Chula Vista and the Chula vista American Legion Post No. 434, Inc., a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said lease for and on behalf of the City of Chula Vista. orm :D Presented by Jess Valenzuela, Director of Parks and Recreation Bruce M. Attorney F:\home\anomey\amer .Ieg 7-/~ COUNCIL AGENDA STATEMENT Item ? ITEM TITLE Meeting Date 11/10/92 Resolution / " is'''60 Accepting Donation, Authorizing Expenditure and Appropriating Said Donated Funds to Purchase Instructional Supplies for the Police Department's Gang Alternative Program. Chief of PoliceC,-~ City Manager It: 1; I /,'/ j/ (4/5ths Vote: YeslNo~ SUBMITTED BY REVIEWED BY The Police Department recently received a $500 donation from the Loyal Order of Moose, Chula Vista Lodge 1927. The donation is designated to fund the purchase of instructional supplies for the Gang Alternative Program. RECOMMENDATION: Approve the Resolution. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: The donation was presented to the Police Department on behalf of the Board of Officers, Members, Women of the Moose Chapter 1866 by Mr. Chuck Peabody, Governor of the Order. The Order specified that these funds were to be used for the Chula Vista Police Department's Gang Alternative Program. Acceptance of this donation would increase the Gang Alternative Program's budget to a total of $2,500 for FY 1992-93. The Gang Alternative Program (GAP), which started in 1989, is designed to increase awareness of the implications of gang participation among elementary, junior high and high school students in the Chula Vista area. Chula Vista's GAP Program was adapted from a successful program sponsored by the City of Paramount. The program has six components which introduce students to the dangers of gang involvement, describe how gangs are becoming increasingly violent, introduce students to the concept of "basic human needs" and how gangs meet those needs at great personal cost, detail how joining a gang can impact their families, and describe how police departments view gang members. The GAP Program's final component provides information on how students can participate in community and school based programs and activities as an alternative to gang membership. The GAP Program empowers young people to make informed choices about their social affiliations. FISCAL IMPACT: Donated funds in the amount of $500 will be deposited in account 100-1040-5331 and used to acquire instructional supplies for the GAP Program. '0-/ / ~.~ LOYAL ORDER OF MOOSE CHUlA VISTA LODGE No. 1927 OFFICE OF SECRETARY 2638 MAIN STREET, SUITE "l" CH~lA VISTA, CALIFORNIA 91911 September 24, 1992 Chief of Police City of Chula Vista 276 4th Ave Chula Vista, California 91910 Dear Chief of Police, On behalf of the Board of Officers, Members, Women of the Moose, Chapter 1866 and Co-Workers, we are sending you a check in the amount of $500.00 for the Gang Alternative Program. We commend Officer Chuck PUG LEY FOR AN OUTSTANDING Presentation he put on at our lodge August 25 at our lodge meeting on the Gang Alternative Program. If the Chula Vista Moose Lodge 1927 can be of help in the future, please let us know. Sinc~ Charles "CHUCK" PEABODY GOVERNOR , ~. '- ~ I /' ","";2 1)//\'/ I b'tu . ') n I ~-31€-'f ~~f? =~-~ ~~~~ - - -- -~~~ ,- Crrc1 erlY OF CHULA VISTA POLICE DEPARTMENT October 5, 1992 Charles Peabody Governor Chula Vista Lodge No. 1927 Loyal Order of Moose 2638 Main street, suite L Chula Vista, CA 91911 Dear Governor Peabody: I would like to thank you for the check for $500. from Chula Vista Lodge No. 1927. The Gang Alternative Program is a very worth-while venture. In our times of limited resources, the check from the Moose Lodge will go extremely well in helping us work with our young people in the community. We have had several maj or successes over the years with this program and the $500. check will assist us in presenting additional hours at some of our schools. Again, I would like to thank you and the Lodge contribution to the Chula vista Police Department. (~\ s~r61:y , eCl RICHARD P. EMERSON Chief of Police for your -- REjamh Moose g-'L! 276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910 RESOLUTION NO. 1&'~1'tJ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATION, AUTHORIZING EXPENDITURE AND APPROPRIATING SAID DONATED FUNDS TO PURCHASE INSTRUCTION SUPPLIES FOR THE POLICE DEPARTMENT'S GANG ALTERNATIVE PROGRAM WHEREAS, the Police Department recently received a $500 donation from the Loyal Order of Moose, Chula vista Lodge 1927; and, WHEREAS, the Order specified that these funds were to be used for the Chula vista Police Department's Gang Alternative Program ("GAP"); and, WHEREAS, the GAP, which started in 1989, is designed to increase awareness of the implications of gang participation among elementary, junior high and high school students in the Chula vista area; and, WHEREAS, acceptance of this donation would increase the GAP's budget to a total of $2,500 for FY 1992-93. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby accept the $500 donation from the Loyal Order of Moose to purchase instructional supplies for the Gang Alternative Program. BE IT FURTHER RESOLVED that said funds appropriated to Account 100-1040-5331 and authorized to for the purchase of instructional supplies for G are hereby be expended Presented by as A Richard P. Emerson, Chief of Police Bruce M. Attorney F:\home\attomey\GAP gr,5 COUNCIL AGENDA STATEMENT Item Meeting Date 11/10/92 9 Id:>~t'l ITEM TITLE: RESOLUTION Authorizing the Expenditure of an Amount Not to Exceed $42,834 from the Capital Outlay Fund for the Nature Interpretive Center Sewer Line and Approving a Letter of Understanding with the United States Army Corps of Engineers for the Construction of Sewer Facilities within the Sweetwater Marsh Levy Road SUBMITTED BY: Community Development Director 1 -4 City Manager 10 I )1 c>, REVIEWED BY: (4/Sths Vote: Yes No .xJ BACKGROUND: As a result of the Sweetwater Flood Control Channel lawsuit, the Army Corps of Engineers and the Federal Highway Administration in 1988 agreed to a court stipulated settlement. The court order contains 17 mitigation features which deal with several aspects of the Sweetwater Marsh Complex. One of the features consists of specific reconstruction and utility work to be undertaken on the Sweetwater Marsh levy road. Since the roadway was scheduled to be reconstructed, the City requested that the Army Corps install a capped sewer line within the new roadway improvements to avoid future disturbance of the roadway and surrounding area. The Corps agreed and placed the roadway project out to bid including the sewer line. Bids have been opened and the lowest responsible bidder has been determined. In order for the Corps to proceed with the City's portion of the project, payment for the City's portion and a letter of understanding needs to be approved and forwarded to the Army Corps. RECOMMENDATION: That the City Council adopt a resolution authorizing the expenditure of an amount not to exceed $42,834 from the 1992-93 CIP budget and approving a Letter of Understanding with the Army Corps of Engineers for the construction of sewer facilities within the Sweetwater Marsh levy road. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. 9-1 Page 2, Item q Meeting Date 11/10/92 DISCUSSION: The Army Corps' project in accordance with the stipulated settlement entails nusmg the centerline elevation of the levy road and paving the roadway. The roadway embankment slopes will be covered with riprap, and the riprap voids will be filled to allow revegetation. In addition, utility work will be undertaken to include the conversion of overhead electric and phone service to underground service, the installation of fire and domestic water lines, and per the City's request, the installation of a 1,500 ft. long sewer line to be placed within the levy road portion of the Nature Interpretive Center access road. The U.S. Army Corps of Engineers solicited bids for the improvement of the Sweetwater Marsh levy road in accordance with competitive bidding practices set forth in the Federal Acquisition Regulations. Included in the bid was an optional item for the installation of the sewer facility segment requested by the City. The bid for the sewer line was $30,000 plus $5400 for the three associated dual cleanouts. The Corps plans to award the base contract for the reconstruction of the levy road on November 2, 1992. As soon as the City responds with funding for the sewer improvements the additional work will be incorporated into the base contract. It is recommended that a letter of understanding accompany the funds to outline the work that will be completed on behalf of the City and financial arrangements agreed upon. A copy of a letter of understanding is attached for Council approval. FISCAL IMPACT: The lowest responsible bid for the City's optional work was a total of $35,400. The Army Corps of Engineers requires 10% of the bid amount for administration costs which is $3,540 for a total of $38,940. In addition, a 10% ($3,894) contingency is recommended in the event a future change order is necessary. The project total is an amount not to exceed $42,834. Pressure Sewer Line $1500 lin. ft. @ $20/ft. $30,000 Dual Cleanout 3 @ $1800 each 5.400 Subtotal $35,400 Administration 10% $ 3.540 Subtotal $38,940 Contingency 10% $ 3.894 Project Total 9-~ $42,834 Page 3, Item 1 Meeting Date 11/10/92 Funds are available from Capital Improvement Project Account No. SW 114. In 1992-93, $76,000 was appropriated from the City Sewer Fund to CIP SW 114 for this project. The bid came in significantly lower than the original project estimate, therefore it is anticipated that there will be a 51 % savings from the original estimate. (pam/DiskA/a:\anny) 9-J /9-1/- :- . ~ "" - .~~ ~ --------- ~ --- \ ~ , ,\~~ ..--, \ \ \ ""~ --=- ~ " \ \ . .( .-/ ~ ~ " y\.l0\-\\ ...~~~ c<" .v -- Match" , Sheet 1 of 2 9-5"" Bayfront Redevelopment City of Chula Vista ~ Om o = ro . ~ ~ 'f'-.-/ i~1 If . . I III L ili ! 2 II II -. "I / ------ / - /-- I ~ I -_/ I -. I!I'I iqPh i .d.. "J...... !j!!!iI .oql I u, · I: : : ; : _..1'-.......... -. "------ I " \ , ~I ' I II , .1 1,1' irl I !t III' 11111 ill~i I hll , . . -. I ~ II !! -. IPI I -!Ii I: t: ~ .1 : I, ! h I ,. , -. lIs: 3L I III! I. . ~ .. ~t{///Lf- '" ,..... DEPARTMENT OF THE ARM' LOS ANGELES DISTRICT, CORPS OF ENGINEERS P.O. BOX 271 1 LOS ANGELES. CALIfORNIA 90053-2325 r'~ ::-_ .... :..- " .. :~ - , :~ \"S . ..1 ~-.::- :.:::~, - -- .- '-..': ~,~? :..:- t ~ - _ ' ~... ::. f t' 1 '. - ~ . ',' :Qq; r,c'I I 3 I,M 1\' 04 '-oJ",,,- '" Programs and Projects Management Division Mr. Cliff Swanson, City Engineer City Of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Dear Mr. Swanson: This letter is a follow up on your conversation regarding Invitation for Bids for the Nature Center Access F:oad project with our Project Engineer, Mr. Spence Pickett. Plans and specifications were made available to prospective bidders on September 18, 1992. Bids will be open(:d in the City of Los Angeles on October 20, 1992. The contract will be awarded no later than November 2, 1992. There ar€ two forth- coming amendments to the plans and specifications. The amendments will cover the following: o updated Rates of Wages. o a Bidding Schedule, a copy which is enclosed, showing the Base Bid and Options. The lowest responsible bid will be determined by the amount of the Base Bid. After the lowest responsible bi~ has been identified, the city may want to review the price vf the options and decide whether to fund additional constructiol,. If the City decides to fund the Options, please send a check payable to "U.S. Armv Corps of Enqineers. FAO" in the amount of the contract for the Options, plus 10 percent for Supervision < ~ld Administration. The check should reach the Los Ar,geles District Corps of Engineers no later than November 1, 1992. Thank you for your cooperation. For further information, please contact the Project Manager, Mr. Yan Bahaudin at (213) 894-4171. Encl Sincerely, L8~uv Br1an M. M Deputy Di for PrO' cN- L/f"bS oe~~ rict Engine('r ect ManagemeJ.t 9--/ .... G SWEETWATER, ACCESS ROAD SECTION 00010 BIDDING SCHEDULE (Continued) Item IDh.- ' Estimated Ouantitv Unit 3 Tons 300 Tons 1 Job Descriution 23. BITUMINOUS PRIME COAT 24. ASPHALT CONCRETE 25. TRAFFIC SIGN Unit Price L.S. \ Estimated Amount TOTAL ESTIMATED AMOUNT BASE BID $ OP 1,500 Lin.Ft. 3 Each ~ PRESSURE SEWER LINE DUAL CLEANOUT 28. 29. 30. 5,400 NOTES: All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the bid. . .. . If a modification to a bid based on unit prices is submitted which provides for a lump sum adjustment to the total estimated amount, the application of the lump sum adjustment to each unit price in the Bidding Schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro-rata basis to every unity price in the Bidding Schedule. Bids shall be submitted on all items of the Bidding Schedule, including the option items, otherwise, the bid will be considered nonresponsive and will be rejected. Amounts and prices shall be indicated in either figures or words, not both. The Option items may be exercised in accordance with the Instructions to Bidders. Exercise of the option items will be made by the Contracting Officer in writing. For determination of low bidder, see paragraph titled; EVALUATION EXCLUSIVE OF OPTIONS in the Instructions to Bidders. End of Section 9-r Encl 1 to Amend. No. 0001 00010-5 : ,. ~:' '.., . ,~:. _.:l ~~~ ~ ~~~~ ~..;:::::~-- ClN OF CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT November 10, 1992 Brian M. Moore Deputy District Engineer for Project Management Department of the Army Los Angeles District, Corps of Engineers P.O. Box 2711 Los Angeles CA 90053-2325 Dear Mr. Moore: The purpose of this letter is to confirm the understanding of the City of Chula Vista regarding the construction of a sewer facility within the Sweetwater Marsh levy road. It is the understanding of the City of Chula Vista that the Army Corps of Engineers invited bids for the reconstruction of the Sweetwater Marsh levy road in compliance with the court stipulated settlement from the Sweetwater River Flood Control Channel lawsuit. Bids were received and the lowest responsible bid included an optional item to construct a sewer facility within the levy road per the City's request. Further, it is the understanding of the City of Chula Vista that the City send a check in the amount of $38,940 ( $30,000 for pressure sewer line, $5400 for (3) dual cleanouts, and $3540 for 10% administration) for the optional bid item, construction of sewer facility. The base contract for the reconstruction of levy road will be awarded on November 2, 1992. As soon as the Corps receives funds for installation of the sewer facility, the item will be included into the base contract. Enclosed is a check in the full amount of $38,940 for the construction of the sewer facility. As soon as the change order for the additional work has been executed, please send confirmation and the construction schedule. If you need further information regarding this matter please contact me at your convenience. Sincerely, ~~~ Chris Salomone cc: Spence Pickett. Department of Anny c: penelope/letunder 9-CJ 276 FOURTH AVE,'CHULA VISTA, CALIFORNIA 91910d619) 691-5047 RESOLUTION J & ~8' / RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXPENDITURE OF AN AMOUNT NOT TO EXCEED $42,834 FROM THE CAPITAL OUTLAY FUND FOR THE NATURE INTERPRETIVE CENTER SEWER LINE AND APPROVING A LETTER OF UNDERSTANDING WITH THE UNITED STATES ARMY CORPS OF ENGINEERS FOR THE CONSTRUCTION OF SEWER FACILITIES WITHIN THE SWEETWATER MARSH LEVY ROAD THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve as follows: WHEREAS, the U.S. Army Corps of Engineers is undertaking the reconstruction of the Sweetwater Marsh levy road and has obtained the lowest responsible bid for the work in accordance with competitive bidding practices set forth in Federal Acquisition Regulation (F.A.R.) Sec. 52.214-1. WHEREAS, the project bid included an optional bid item for the construction of a sewer line and three associated dual cleanouts in accordance with work requested by the City of Chula Vista to be undertaken by the Army Corps of Engineers in conjunction with the reconstruction of the Sweetwater Marsh levy road, WHEREAS, funds were appropriated from the Sewer Fund to the 1992-93 Capital Improvement Program Project Account No. SW 114 for the purpose of constructing a sewer facility in the Sweetwater Marsh levy road. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approves the expenditure of an amount not to exceed $42,834 from the 1992-93 CIP budget Account No. SW 114; approves a letter of understanding with the U.S. Army Corps of Engineers for the construction of sewer facilities within the Sweetwater Marsh levy road; and authorizes the Mayor to execute same. Presented by: A ~ (OkS~ Chris Salomone, Executive Secretary and Community Development Director Bruce M. Boogaar City Attorney (Pam/DiskAla: IResoarmy) 9-// COUNCIL AGENDA STATEMENT Item JrP Meeting Date 11/10/92 ITEM TITLE: Resolution I ~lf't,J.. Approving the Final Map and Subdivision Improvement Agreement for Chula Vista Tract 91-03, Oxford Terrace Condominiums and Authorizing the Mayor to Execute Said Agreement on behalf of the City SUBMITTED BY: Director of pUb~work~/t_ REVIEWED BY: City Manager:/b.~ ;I (4/5ths Vote: Yes_No..K) f On March 27, 1991, by PCS-91-03, the City Planning Commission approved the Tentative Subdivision Map for Chula Vista Tract 91-03, Oxford Terrace Condominiums. The Final Map for said Tentative Map is now before Council for approval. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The project, generally located along the south side of Oxford Street between Third and Second Avenues, consists of one lot containing 9 condominium units. The Final Map for Chula Vista Tract 91-03, Oxford Terrace Condominiums has been reviewed by the Public Works Department and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance of a tree planting and maintenance easement as shown on the map. The final map is now before Council for approval. The developer (C&C Development Company) has executed a subdivision improvement agreement for this development which satisfies Tentative Subdivision map conditions of approval No. 's 12 and 13. Condition of approval No. 12 requires the developer to enter into an indemnity agreement with the City. Condition of approval No. 13 requires the developer to enter into an agreement with the City to allow for equal opportunity to franchised cable television companies for installing television services. Condition of approval NO.6 requires construction of public street improvements along the full length of the subject property on Oxford Avenue. Said improvements have been guaranteed and permitted by separate construction permit, PC-804. The developer has paid all applicable fees (including Park Acquisition and Development fees) and met all conditions of approval of the Tentative Subdivision Map. A plat is available for Council viewing. FISCAL IMPACT: Not applicable. WPC F:\HOME\ENGINEER\AGENDA\CVT91-03 1&-/ ~I w :J Z w ~ () t'! - I ~ OXFORD STREET q COt-Jt>OMINILJM5 Pfl:O.3'e.c. T " " " , SCAL-E. '=100 ~ENNEDY ?TREET t?XFtJ({V "TERRACE C.ONDOrv1INtU}.l1~ CHUL A. Vl0TA lR~c..T 91-0:3 1&-r:A Recording Requested By: City Clerk When Recorded Mail To: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION MAP IMPROVEMENT AGREEMENT Oxford Terrace Condominiums (Conditions 12 and 13) This Subdivision Map Improvement Agreement ("Agreement") is made this day of , 19 , by and between THE CITY OF CHULA VISTA, California ("Chula Vista" or "Grantee" for recording purposes only) and C & C DEVELOPMENT COMPANY, a California corporation ("Developer" or Grantor"), who agree as follows: 1. Recitals. following recital this Agreement: This Agreement is made with reference to the of facts; which recital constitutes a part of 1.1. This Agreement concerns and affects certain real property located in Chula Vista, California, and more particularly described on attached Exhibit "A" ("Property"). 1.2. Developer is the owner of the Property. 1.3. Developer has applied for and been granted a Tentative Subdivision Map commonly referred to as CVT-91-03 ("Tentative Subdivision Map") for the subdivision of the Property. 1.4. The City has adopted a resolution (PCS-91-03) pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions set forth in Resolution No. PCS-91- 03 including Condition No. 12 which provides: On the condition that the City shall promptly notify the subdivider of any claim, action, or proceeding and on the further condition that (Bl]S4004.002R Sub Map Improvement Agt 12-0CT-92 1 /{)-3 the City fully cooperates in the defense, the subdivider/applicant shall enter into an agreement to defend, indemnify, and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City including approval of its Planning Commission, City Councilor any approval by its agents, officers, or employees' with regard to this subdivision. 1.5. Such Resolution also contains another condition, Condition 13, which provides: The developer shall permit all franchised cable television companies equal opportunity to place conduit to provide cable television service for each lot within the subdivision. However, developer shall restrict access to the conduit to only those franchised cable television company(ies) who are and remain in compliance with all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. The developer shall enter into an agreement with the City to insure that compliance with this condition is met prior to approval of the Final Parcel Map. 1.6. City is willing, on the promises, security, terms and conditions herein contained, to approve the Final Parcel Map. 2. AQreement Applicable to Subsequent Owners. 2.1 AQreement BindinQ Upon Successors. Except as to the provisions of Paragraph 3., below, entitled "Condition 12- -Subdivision Map Indemnity", which is a duty of Developer alone and which shall not be binding on good faith transferees for bona fide value of the Developer, this Agreement shall be binding upon and inure to the benefit of the successors, assigns, and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 2.2. AQreement Runs with the Land. Except as to the provisions of Paragraph 3., below, entitled "Condition No. 12- -Subdivision Map Indemnity", which is a duty of Developer alone and which shall not be binding upon and run with the ownership of the land, the burden of the covenants contained in this Agreement [BI]54004.002R Sub Map Improvement Agt 12-0CT-92 2 /?J~' ("Burden") is for the benefit of the land owned by the City adjacent to the Property. The Burden touches and concerns the Property. It is the intent of the parties, and the parties agree, that this covenant shall be binding upon, and run with, the ownership of the land which it burdens. 3. Condition No. 12--Subdivision Map Indemnitv. In satis- faction of Condition No. 12 of Resolution No. PCS-91-03, the Developer agrees that, on the condition that City shall promptly notify the Developer of any claim, action, or proceeding and on the further condition that the City fully cooperates in the defense, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers, and employees, from any claim, action, or proceeding against the City, or its agents, officers, or employees, to attack, set aside, void, or annul any approval by the City, including approvals by its Planning Commission, City Council, or any approval by its agents, officer, or employees with regard to this subdivision. 4. Condition 13--Cable Television Easements. In satisfaction of Condition No. 13 of Resolution No. PCS-91-03, the Developer agrees to permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit to and provide cable television service for each lot within the subdivision. Developer further agrees to grant, by license or easement, and for the benefit of, and enforceable by, the City of Chula Vista, conditional access to cable television conduit within the subdivision properties only to those cable television companies franchised by the City of Chula Vista the condition of which grant being that they are and remain in compliance with, and that they promise to remain in compliance with, the terms and conditions of the franchise and with all other rules, regulations, ordinances, and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon a determination by the City of Chula Vista that they have violated the conditions of the grant. 5. Recordinq. This Agreement, or an abstract hereof prepared by either or both parties, may be recorded at the option of either party. 6. Miscellaneous. 6.1. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. Mail, certified or [Bl]54004.002R Sub Map Improvement Agt 12-0CT-92 3 I()~> registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. Facsimile transmission shall constitute personal delivery. City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Attn: Director of Public Works Developer C & C Development Company Attn: Mr. Avner Cohen 6568 Mira Vista Lane San Diego, CA 92120 6.2. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe, or limit the scope or intent of this Agreement or any of its terms. 6.3. Entire Aqreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. 6.4. Preparation of Aqreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. 6.5. Attornevs' Fees. In the event of any dispute ar~s~ng out of this Agreement, the prevailing party in any action shall be entitled to reasonable attorneys' fees in addition to any other costs, damages, or remedies. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be effective as of the day and year first hereinabove set forth. THE CITY OF CHULA VISTA By: Attest: Beverly Authelet, City Clerk [Bl]54004.002R Sub Map Improvement Agt 12-QCT-92 4 /~-~ AP~t:: tt ~ ilruce M. Attorney C & C Development Company, a California corporation By: /Wl4\/h1 . ~ --Mordechai ;'::Ael\., .? President State of California) )ss. County of San Diego) On this I~-d:>- day of ~C/bbbL ,191,2,- before me, the undersigned, a Notary Pu lic in and for the State of California, personally appeared Mordechai Cohen, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as Vice President on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. OfFICIAl SEAL Kimberlev A. Haskins . NOTARY PU9lIC-CAUFORNIA . PRINCJPAL OFFICE IN SAN DIEGO COUN1Y "'__"'~""""'" ~ti~ State of California) )ss. County of San Diego) On this day of ,19 ,before me, the undersigned, a Notary Public in and for the-State of California, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed this instrument as of the City of Chula Vista and acknowledged to me that the City of Chula Vista executed it. WITNESS my hand and official seal. [Bl]54004.002R Sub Map Improvement Agt 12-0CT-92 5 /tJ~7 EXHIBIT "A" THAT PORTION OF LOT 3, IN QUARTER SECTION 142 OF RANCHO DB LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 505, FILED IN 1'HE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MARCH 13, 1888, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE EASTERLY no FEET OF LOT 3; THENCE SOUTHERLY ALONG THE WESTERLY LINE THEREOF 85.00 FEET; THENCB SOUTHWESTERLY IN A STRAIGHT LINE 20.00 FBET TO A POINT ON THB WESTERLY LINE OF THE EASTERLY 395 FEET OF SAID LOT; THENCB SOUTHERLY ALONG SAID WESTERLY LINE 113 FEET; THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO A POINT ON SAID WESTERLY LINE OF THB EASTERLY 390 FEET DISTANT THEREON 55.00 FEET NORTHERLY OF THE SOUTHWEST CORNER THEREOF; THENCE SOUTHERLY ALONG SAID WESTERLY LINE 55.00 FEET TO SAID SOUTHWEST CORNER; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT TO THE WESTERLY LINE OF THE EASTERLY 300 FEET OF SAID LOT; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHWEST CORNER THEREOF; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT TO THE POINT OF BEGINNING. " /c-~/ RESOLUTION NO. /6 ~~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT 91-03, OXFORD TERRACE CONDOMINIUMS, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City the City of Chula vista hereby finds that that certain entitled CHULA VISTA TRACT 91-03 OXFORD TERRACE, particularly described as follows: Council of map survey and more Being a subdivision of a portion of Lot 3, in Quarter section 142 of Rancho del la Nacion, in the city of Chula Vista, County of San Diego, State of California, according to Map thereof No. 505, filed in the office of the County Recorder of San Diego County, March 13, 1888. Area: 0.616 acres Numbered Lots: 1 No. of units: 9 Lettered Lots: 0 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula vista the easements with the right of ingress and egress for street tree planting and maintenance, all as granted and shown on said map within said sUbdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be, and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, as granted thereon and shown on said map within said subdivision is accepted on behalf of the City of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of supervisors of the County of San Diego. 1 /tl-i BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the 12th day of October, 1992, for the completion of improvements in said sUbdivision, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor the City of Chula vista be, and he is hereby authorized and dir c ed to execute said agreement for and on behalf ul vista. "t' Presented by John P. Lippitt, Director of of Public Works c'ty F:\home\attomey\fmal.map 2 /f)"'/tJ COUNCIL AGENDA STATEMENT Item I J Meeting Date 11/10/92 ITEM TITLE: Resolution /1, ~r:r.:? Accepting bids and awarding contract for the construction of Sidewalk Ramps (phase IX FY 92-93) in the city of Chula Vista, California and authorizing the Director of Public Works to execute contract Change Order No. 1 SUBMITTED BY: Director of Public works--cp/' REVIEWED BY: City Manager j{: ~ // (4/5ths Vote: Yes_NolL! At 2:00 p.m. on October 14, 1992, in the Public Services Building, the Director of Public Works received sealed bids for the construction of sidewalk ramps (phase IX FY 92-93) in the City of Chula Vista, California. RECOMMENDATION: That Council accept bids and award contract to Fox Construction Company, San Diego in the amount of $29,868 and authorize the Director of Public Works to execute contract Change Order No.1 for an amount not to exceed $14,044.29. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: The City of Chula Vista, in recognition of problems faced by physically challenged residents has established an on-going program to provide for the construction of wheelchair ramps at existing sidewalk facilities which lack these ramps. The construction of these ramps at various locations in the City will increase the mobility of these residents. This contract represents phase IX of the program, a total of 40 ramps will be constructed in this phase (Exhibit A). Several factors were considered in the selection of the wheelchair ramps to be constructed including population demographics, proximity to public buildings, major streets, bus routes and commercial districts. The City's Environmental Review Coordinator has determined that this project is categorically exempt under class 1, Section 15301 (c) "Minor Alteration of Existing Facilities" of the California Environmental Quality Act. This project was advertised for a period of one month beginning September 19, 1992. During that period plans where purchased by sixteen (16) contractors and on the bid opening date, bids were submitted by six (6) contractors. The bids received are as follows: //-/ Page 2, Item-.l.1 Meeting Date 11/10/92 CONTRACTOR BID AMOUNT 1. Fox Construction Co., San Diego $29,868.00 2. Basile Construction Co., San Diego 33,475.83 3. Reginald Construction Co., Riverside 43,480.00 4. Carolyn E. Scheidel Construction Co., La Mesa 44,760.00 5. State Construction Co., San Diego 59,574.00 6. Caves Inc., San Diego 81 ,025.00 The low bid by Fox Construction Company is below the engineer's estimate of $32,225 by $2,354 or by 7.31 %. Staff has conducted a background check and past performance evaluation and determined that Fox Construction Company has the resources to complete the project on schedule and within budget. We have reviewed the bid and recommend awarding the contract to Fox Construction Company. Attached is a copy of the contractors disclosure statement FINANCIAL STATEMENT: Due to the excellent contract unit prices we received, the City can complete additional ramps within the amount authorized in the CIP budget. Exhibit B lists the additional ramps targeted for construction with this contract. Chula Vista has, for many years, had an ongoing program to install sidewalk ramps in the older areas of the City. The City committed nearly $50,000 for the program for this year and staff recommends that the entire amount be expended by adding additional locations. Per Section 3-2.1 of the Standard Specifications for Public Works Construction, the City may increase the quantity of work by an amount not to exceed 25% of the contract price. Should it become necessary to exceed this limitation, the change shall be either by written supplemental agreement between the contract and the City or by both parties agreeing to proceed with the change by change order. Staff is requesting that Council approve a change order by an amount not to exceed $ 1 4,044.29 and that Council authorize the Director of Public Works to execute on behalf of the City of Chula Vista. FUNDS REQUIRED FOR CONSTRUCTION 1. Contract Amount $29,868.00 2. Contract Change Order No.1 + cont. (not to exceed) 14,044.29 3. Staff Cost (approx. 20%) 5,973.60 TOT AL FUNDS REQUIRED FOR CONSTRUCTION $49,885.89 !I--() Page 3. Item I I Meeting Date 11/10/92 FUNDS AVAILABLE FOR CONSTRUCTION Gas Tax Funds A. 250-2501-STL202 $49,885.89 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $49,8B5.89 FISCAL IMPACT: This reflects an expenditure of funds authorized in the 1992-1993 CIP budget as indicated. SA:AX-126 WPC F:\home\engineer\agenda\sidewalk.rmp 110492 /1-3/11-1./ MEMQRANDUM November 4, 1992 File: AX-126 FROM: John Goss, City Manager Bruce Boogaard, City Attorney Lyman Christopher, Director of Finance Beverly Authelet, City Clerk Kenneth Goldkamp, Senior Civil Engineer../ John Lippitt, Director of Public Works Cif TO: SUBJECT: Resolution - Accepting bids and awarding contract for the construction of sidewalk ramps (Phase IX FY 92-93) in the City of Chula Vista, CA FUNDS REQUIRED FOR CONSTRUCTION 1. Contract Amount $29,868.00 2. Contract Change Order No.1 + cont. (not to exceed) 14,044.29 3. Staff Cost (approx. 20%1 5,973.60 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $49,885.89 FUNDS AVAILABLE FOR CONSTRUCTION Gas Tax Funds A. 250-2501 -STL202 $49,885.89 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $49,885.89 SA,AX126 WPC F:\home\engineer\agenda\sidewalk.rmp //-5 EXHIBIT" A" WHEELCHAIR RAMPS. PHASE IX (FY 1992-931 Location NEC ill NWC SWC Fourth Avenue at Mankato X Fourth Avenue at Kearney X X Broadway at Davidson X X Broadway at Flower X X Broadway at "F" Street X "E" Street at Fifth Avenue X X X X "E" Street at Church X "E" Street at Del Mar X X "E" Street at Minot Avenue X "E" Street at Alpine-Minot X X "E" Street at First Avenue X X "E" Street at Corte Helena X X "F" Street at First Avenue X X X X "H" Street at Hilltop Drive X X "H" Street at First Avenue X X "H" Street at Second Avenue X X X X "H" Street at Vista Place X X "H" Street at Corte Maria Avenue X X NEC - North East Corner; SEC - South East Corner; NWC - North West Corner; SWC - South West Corner IC5\RMP9293.CONI I /-~ EXHIBIT "B" WHEELCHAIR RAMPS. PHASE IX lFY 1992-931 ADDITIONAL WHEELCHAIR RAMPS Location NEC ~ NWC ~ "H" Street at Corte Helena Ave. X X "F" Street at Alley East of X X Second Avenue "F" Street at Patricia Avenue X X "F" Street at Alpine-Minot X X X X "H" Street at Alley East of X X Fourth Avenue NEC - North East Corner; SEC - South East Corner; NWC - North West Corner; SWC - South West Corner tC5\RMP9293.CONJ //-7/11--0 THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which wi]] require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: I. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. N/A 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership in~e/~in the partnership. 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trusto~nf the trust. N /41.. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and COllncil within the past twelve months? Yes No v If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. "'/~ 6. Have you and/or your officers or agents, in the aggregate, contrihuted more than $I,OO(J to a Councilmember in the cllrrent or preceding election period'! Yes _ No ~ If yes, state which Councilmember(s ): Person is defined as: "AllY indil'idLlal./irm. co-f1arlllersllif1,joill1l'~II1L1r,', ns.\'OCi.llioll, soeilll dLlb,fr({/~nral organizaliun, corpora/ioll, es/({/e, /rusl, r~ceil'er, s)'lIdicnr~, Ihis alld allY olh,'r COLII!~\', ci/)' alld COLlII/I)', ci~\', II/llIlidpalil)', dislricl or other polilical mbdil'i.rioll, or flllY other group or comhillntioll fif/in/.: tiS IllIIril." (J'\OTE: Allaeh additional pages as neCCS5<Jry) Date: I 0 /. ~~ ... ./ ,"':g ... -::-~ e. .,. L_... Signature of contract, (Jio"''''..aE I".' '-t.\DISCl.OSE.TXTJ Print or type mime of contra' J/-~ fI(<'V,,,,J: II/.1Of~)1 RESOLUTION NO. )~8'8'3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CONSTRUCTION OF SIDEWALK RAMPS (PHASE IX FY 92-93) IN THE CITY OF CHULA VISTA, CALIFORNIA, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE CONTRACT CHANGE ORDER NO. 1 WHEREAS, at 2:00 p.m. on October 14, 1992, in the Public Services Building, the Director of Public Works received the following six sealed bids for the construction of sidewalk ramps (Phase IX FY 92-93) in the City of Chula vista: CONTRACTOR BID AMOUNT l. Fox Construction Co., San Dieao $29,868.00 2. Basile Construction Co., San Dieao 33,475.83 3. Reginald Construction Co., Riverside 43,480.00 4. Carolyn E. Scheidel Construction Co. , La Mesa 44,760.00 5. State Construction Co., San Diego 59,574.00 6. Caves Inc. , San Diego 81,025.00 WHEREAS, the low bid by Fox Construction Company is below the engineer's estimate of $32,225 by $2,354 or by 7.31% and a background check and past performance evaluation of said company has determined that they have the resources to complete the project on schedule and within budget; and WHEREAS, staff has reviewed the bid and recommends awarding the contract to Fox Construction Company in the amount of $29,868.00; and WHEREAS, per section 3-2.1 of the Standard Specifications for Public Works Construction, the City may increase the quantity of work by an amount not to exceed 25% of the contract price; and WHEREAS, should it become necessary to exceed this limitation, the change shall be either by written supplement agreement between the contract and the city or by both parties agreeing to proceed with the change by change order; and WHEREAS, staff is requesting that Council approve a change order by an amount not to exceed $14,044.29 and authorize 1 1)- CJ the Director of Public Works to execute it on behalf of the City of Chula vista. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby accept said six bids and awards the contract for construction of sidewalk ramps (Phase IX 92-93) in the City of Chula vista to Fox Construction co., San Diego, in the amount of $29,868. BE IT FURTHER RESOLVED that the City Council finds that this project is categorically exempt under Class 1, section 15301 (c) of the CEQA Guidelines as a "Minor Alteration of an Existing Facility. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said contract for and on behalf of the city of Chula vista. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized and directed to execute contract ange Order No. 1. Presented by John P. Lippitt, Director of Public Works F:\home\anomey\sidewalk.nnp 2 /1"'/1/ COUNCIL AGENDA STATEMENT ItemM ITEM TITLE: Meeting Date 11/10/92 Resolution /6 78"'1 Approving temporary daytime closures for a portion of the 400 and 500 block of G Street for sewer construction work Director of Public Works ~ City Manager 16 ~;r (4/5ths Vote: Yes_No.KJ SUBMITTED BY: REVIEWED BY: BACKGROUND: The City of Chula Vista has awarded the Parallel Sewer Construction Project on G Street to Ortiz Corporation. In order for the contractor to complete the work efficiently and safely, the contractor is requesting that portions of G Street between Fourth Avenue and Broadway be closed for several hours each day. RECOMMENDATION: That the City Council approve the resolution which approves temporary daytime closures for the duration of this project subject to certain conditions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Ortiz Corporation has been awarded the Parallel Sewer Construction Project on G Street between Fourth Avenue and Broadway. Since most of the work parallels the centerline of the roadway, Ortiz Corporation is requesting to close a portion of G Street from Fourth Avenue to Broadway for 8.5 consecutive hours each working day between the hours of 8:00 a.m. and 4:30 p.m. Since the Parallel Sewer Construction Project on G Street between Fourth Avenue and Broadway requires 3,000 lineal feet of trench work, it is estimated that this project will take approximately 3 months to complete. At this time, project start dates by the contractor have not yet been confirmed, but are anticipated for late November or early December. Work on this project will be completed in 300' phases, so that at no time will the entire segment from Fourth Avenue to Broadway be closed. For the block of G Street between Fourth Avenue and Fifth Avenue all through traffic will be prohibited during the weekday working hours. Although area residents, businesses and the schools will be allowed access, at all times, local traffic may be subject to delays, depending on the type of construction work in progress. For the block of G Street between Fifth Avenue and Broadway, the contractor anticipates allowing eastbound traffic only, westbound traffic will be detoured to adjacent streets. Area businesses in the vicinity of Broadway will not be significantly affected, since access via Broadway will still be maintained. Both school principals have been contacted and feel that they can adjust around the construction area without too much difficultly. Staff has reviewed the plans for this work and recommends temporary closure subject to the following conditions: ;,).-/ Page 2, Item J~ Meeting Date 11/10/92 1. The closure be limited to those weekday hours as stated in their request. Each closure will be limited to 8:00 a.m. through 4:30 p.m.. a period of 8-1/2 consecutive hours. 2. An approved traffic control plan shall be submitted to the Chula Vista Department of Public Works at least one week prior to the commencement of the closure for each location. No closure shall be allowed until the traffic control plan has been approved by the City. 3. All detour signing and flag persons shall be maintained by the contractor throughout the length of time that street is closed to through traffic. Local residents shall be allowed access at all times. 4. The contractor shall notify affected area residents, Chula Vista Junior High School, Vista Square Elementary School, Chula Vista Police Department, Chula Vista Fire Department, Chula Vista Transit and the Chula Vista Public Works Department at least one week in advance of each road closure. 5. The contractor shall make available 24-hour emergency telephone numbers and names of contact personnel to all those entities listed above in #4. 6. School buses for Chula Vista Junior High School and Vista Square Elementary school shall have access to G Street at all times. 7. Signs advising motorists of the closure and alternate routes to use shall be erected at least one week in advance of the road closure date. 8. If work is completed early, the roadway shall be opened to through traffic as soon as practically possible. CONCLUSION Staff recommends that City Council approve the resolution to allow temporary closure of portions of G Street between Fourth Avenue and Broadway during the hours of 8:00 a.m. to 4:30 p.m. subject to the conditions listed above. All area residents, businesses, the Chamber of Commerce, Chula Vista Elementary School District, Sweetwater Union High School District and the school principals at Vista Square Elementary and Chula Vista Junior High Schools have been notified of tonight's City Council meeting. FISCAL IMPACT: Not applicable. FXR:AR-037 Attachments: Area Plat WPC:F:\HOME\ENGINEER\AGENDA \STClOSE /c2-.,2 110492 !~._~.:.~::.:' )- ~_.. - ~;}. a:';~; ___ . ,-." 11.<(_'- --. ~ - . ~ ,-' ' ." ..... ':\. '-\. ...., --- w - >~'...J:: m:j!?ii r- - .", 01(.., I- I ~-:"~: lE>' ... U --1 \.~~~~~ O.'.~. - ---- W --~ , ."'. .r.."" ---= l~:-'.~~~:~'~ ~ ::::~: :- I -. . \. ::E,". A. -' _ --- , ,',": -,.- ---. VI - , :,:,"~,.,t~ --. 'i" _- .~ ~".: l~ -', -1. _, - ~~~~:.~>:;.~:.~ :-.: ~_"'=-1- ,L'..:~. __.L ... I 1 . .t~ \. '.... ... -1; I .. \, ...... inN3^" T L I f- f..! ~-" ___J___ -----" - ----- ----- ---------- / TTTl I" , _'-,l.i - --. - . - -1-- : I - - y^yn9 I I ~ -- '" '" ~ --- D:: t! -- ~ en en - > '--- C( I ..J i - :> -.., +- ~ 90 H % - --I ;- U ---1 T 1T I 1 3nN3^" '- , ~ , - '" t!:i !!5 >en ~ >- ~ L- ~ C!) a:: ~~ "- ~ - ~. " >C ..... J -,--- --~-- w .-- I i HJ.~nO~ I ! -- - ..... - ----- - " ! - 0__ It: r I ~ A8 - HJ.~I~ I 1 I ~ I I I I H I - ...J ~ ~ Ii III 0 .. Z ~ III I 1:1 ~ - '" , '" , - L_ __ a: r_ ~ "~ en ." "- " , , (, ') r~ ',,' ,----, , , 1'--' ~.... 0 . l___~ '__.J ... -- ]~- -- -- ...~ --~ ~ --,.- , , --, . , , , 1M - ..-- .- ~ L- T , \'J I -- - - > ~~ ~ I"" R:~- r--r- <( l. > Iii: , AVMOVO~8 01( I - -r : : "'" i L_ I - -- I I L 1 I---J 1.1-3/1'--4/: 1 --~ "-~ 'JAY - u ~ ...- :J: ,. oj ] --' , 1--<1: II) z: I t- <( -I c.. <C w a: <C " " w Jl I I C'I Q) ~ I CO) 4 ... I ., 0 ... >- ED c " it co - ~ ~ 0 RESOLUTION NO. /6 ~C''I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TEMPORARY DAYTIME CLOSURE FOR A PORTION OF THE 400 AND 500 BLOCK OF G STREET FOR SEWER CONSTRUCTION WORK WHEREAS, the city of Chula vista has awarded the Parallel Sewer Construction Project on G Street to ortiz Corporation; and, WHEREAS, in order for the contractor to complete the work efficiently and safely, the contractor is requesting that portions of G Street between Fourth Avenue and Broadway be closed for 8.5 consecutive hours each working day between the hours of 8:00 a.m. and 4:30 p.m.; and, WHEREAS, staff has reviewed the plans for this work and recommends temporary closure subject to conditions. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby approve the temporary daytime closure for a portion of the 400 and 500 block of G Street for sewer construction works subject to the following conditions: 1. The closure be limited to those weekday hours as stated in their request. Each closure will be limited to 8:00 a.m. through 4:30 p.m., a period of 8-1/2 consecutive hours. 2. An approved traffic control plan shall be submitted to the Chula vista Department of Public Works at least one week prior to the commencement of the closure for each location. No closure shall be allowed until the traffic control plan has been approved by the city. 3. All detour signing and flag persons shall be maintained by the contractor throughout the length of time that street is closed to through traffic. Local residents shall be allowed access at all times. 4. The contractor shall notify affected area residents, Chula vista Junior High School, vista Square Elementary School, Chula vista Police Department, Chula vista Fire Department, Chula vista Transit and the Chula vista Public Works Department at least one week in advance of each road closure. 5. The contractor shall make telephone numbers and names of entities listed above in #4. available 24-hour emergency contact personnel to all those 1 /.;< _5c 6. School buses for Chula vista Junior High School and vista Square Elementary school shall have access to G Street at all times. 7. Signs advising motorists of the closure and alternate routes to use shall be erected at least one week in advance of the road closure date. 8. If work is completed early, the roadway shall be opened to through traffic as soon as practically possible Presented by ar bYJ) y John P. Lippitt, Director of Public Works Bruce M. Boogaard, Attorney F:\home\attomey\gstclose 2 J~-t, COUNCIL AGENDA STATEMENT ITEM TITLE: Item J 3 Meeting Date 11/10/92 Resolution 1~8"8'~ordering the summary vacation of a portion of Mt. Miguel Road adjacent to Chula Vista Tract No. 91- 01 Salt Creek I Condominiums Director of Public Works ~ City Manager 1~ if // (4/5ths Vote: Yes_No_XJ / SUBMITTED BY: REVIEWED BY: FN Projects, Inc., a California Corporation, owner of property under Subdivision Map No. 12917 (Salt Creek I - Unit No.4) and owner of property under Tentative Map No. 91-01 (Salt Creek I Condominiums), has requested a right-of-way vacation of a portion of Mt. Miguel Road adjacent to Salt Creek I Condominiums. The portion requested for vacation was originally dedicated on Final Map No. 12917. The Tentative Map for CVT 91-01, currently being processed, requires a realignment of Mt. Miguel Road such that the portion requested for vacation is no longer needed for street purposes. RECOMMENDATION: That the Council adopt the subject resolution and direct the City Clerk to forward it to the County for recordation. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: FN Projects, Inc. (Baldwin) filed a final map which dedicated a portion of Mt. Miguel Road to the City for street purposes. That final map was for Salt Creek I - Unit No. 4, Map No. 12917. At that time, Mt. Miguel Road was to have extended more southerly. Subsequent to that dedication, a Tentative Map for Salt Creek I condominiums has been filed which proposed a new alignment at the southerly end of the road resulting in a portion of the road easement (never used for road purposes) being unnecessary. This new alignment provides for a connection with the Salt Creek Ranch proposed east-west roadway MacKenzie Creek Road. The Tentative Map for Salt Creek Ranch was recently approved with that proposed connection. The new alignment creates a triangular area (at the southeast corner of this subdivision) no longer needed for street purposes, since Mt. Miguel Road will now turn eastward at this point instead of continuing straight southward as originally conceived (see Exhibit "A" attached). A condition of approval of the Salt Creek I Condominiums requires the vacation to be processed. Council has required compensation for vacated rights-of-way in the past. In this case, the developer will be granting additional right-of-way for the realignment which exceeds the amount of right-of-way being vacated. The area being dedicated 13-1 Page 2, Item J 3 Meeting Date 11/10/92 is 4,186 square feet and the area being vacated is 739 square feet (Exhibits B & C). Staff recommends that the area be vacated with no compensation to the City after receiving the grant of easement for the new alignment. Section 8334(a) of the California Streets and Highways Code states that the Council may summarily vacate an excess right-of-way of a street or highway not required for street or highway purposes. Section 8334.5 states that a street easement may not be summarily vacated if public utility facilities are in place and would be affected by the vacation. All utility companies that might be affected were contacted and have no objections to the vacation. There are no facilities in the street easement other than a private storm drain, so no utility easement reservations are necessary. In accordance with Subsection 8335 of the California Streets and Highways Code, the resolution ordering the summary vacation must state all of the following: 1. That the vacation is made under Chapter 4 of the Streets and Highways Code. 2. The name or other designation of the easement and a precise description of the portion vacated (see Exhibit "B", attached). 3. The facts under which the summary vacation is made. 4. That from and after the date the resolution is recorded, the easement vacated no longer constitutes an easement. FISCAL IMPACT: None WPC F:\home\engineer\agenda\CVT91-0 1 13'r2 ~ N p'<?c;--, ~ -- -_ oR ......._ -"-. " ~ 'No SCALf, o "'... i-- "- ~ - , '-.,?< ...." 'Z~' J- .~ PORTION TO BE 'tACA TED -' W ::J \!) ;i; f- 2 ___NEW ALIGNMENT (Mii/cKfNZIE Cf<.EEK. ((I?) TM. NO. 91-01 '::,illT CF-EEK I CONDO IV\IN IUMS , , , \ '. , , , ' , , . , " -''--_. OLD ALIGNMENT VICINITY MAP tW SCA.E EXH IBIT ''I{' FILE NO. PJI-054 DWN BY: JGA VACATi ON OF A PORTluN OF MT MIGUEL ROAD D."E'. /'0-2=>-92 ADJACENT TO C.V TR.fJCT NO. 9/-0/ /'7-3 .., .J 5tJLT CReel< I CONDoM/AllUMS ....:> LEGAL DESCRIPTION MT, MIGUEL ROAD VACATION THAT PORTION OF MT. MIGUEL ROAD DEDICATED PER CHULA VISTA TRACT NO. 89-9, SALT CREEK I, UNIT NO.4 ACCORDING TO MAP THEREOF NO. 12917, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF SAID COUNTY ON FEBRUARY 4, 1992, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY TERMINUS OF THE WESTERLY SIDELINE OF SAID MT. ~IGUEL ROAD, SAID POINT BEING ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1964.00 FEET, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARS N. 89' 59' 52 "E.; THENCE NORTHERLY ALONG SAID CURVE AND SAID WESTERLY SIDELINE THROUGH A CENTRAL ANGLE OF 1'54'24" AN ARC LENGTH OF 65.36 FEET TO A POINT OF CUSP WITH A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 70.00 FEET; A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS S.88'05'28"W.; THENCE LEAVING THE WESTERLY SIDELINE OF SAID MT. MIGUEL ROAD SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46' 48' 14" AN ARC LENGTH OF 57.18 FEET; THENCE S.15'16'53"E. 5.51 FEET; THENCE S.18'09'00"W. 4.98 FEET; THENCE S.71'51'00"E. 16.16 FEET MORE OR LESS TO THE SOUTHERLY LINE OF MT. MIGUEL ROAD PER SAID MAP NO. 12917; THENCE ALONG SAID SOUTHERLY LINE S.89'59'52"W. 37.94 FEET TO THE POINT OF BEGINNING, "". THE ABOVE DESCRIBED PARCEL CONTAINS 739 SQ. FT. ~"~/~~ J N W. HILL, JR. .S. 5669 LK:kb 25-103 WP:LEGAL509 REV: 8/24/92 EXHIBIT "B" )3-'1 1;'.1 MT. MIGUEL ROAD DEDIC^TED PER M^P NO, 12917 . CD . ~ID ~-: WID . - 8;- . 0 010 O. . - CD It) -. z;:::: ~ \ ! \ ~ 8 ... w :c - c. · 01 Z N ~ot;<. :c ,...; en ~ N 0 ~ 15- 17: 45 HUliSAV\.. :,Ati DIEGO CHULA VISTA VACATION PLAT RACT NO. 89-9 SALT CREEK I UNIT NO. 4 MAP NO. 12917 / fd/ /); ~IOI7'14"E R^D...........-' 37.94 3'1.05' N 69059'52"E 72,00' N 69059'52"E R~ Ll: . _ PORTION OF MT. I MIGUEL ROAD P.D.B. I VACATED HEREON ~ AREA= 739 sa, FT It) POR. PARCE < 15 P. M. 16033 1.1.. t:; 0- > >- f-< -..I CJ~ Z CJ t CD - . . ~..... -It) . . . CD....! ~ - . . It) IDO . ~..... It) ~~ ::z . I') It) . ID - . It) - - ID i I') . ....! . . - . o ~I'--~ . a: ID 01 ILl - . . CD a: [\J " i :j I It) o . CD CD Z ~~ o . o o o z --- VICINITY MAP NO SCALE . 1: ~ . ......... QJ -r....., . . C\J 0) lLJ . . 0) :::t - . . ~ 0::: .......... -t) . ol.u (J) :::to) . t...- O) - . . . t- l,t-Gf~D ~/i;! - POt?TIOf.! 70 BE. vACATED EXHIBIT "B" '\ PREPARED BY, HUNSAKER 4 ASSOCI A TES. SAN DIEGO INC. 10/79 HUENMEKENS ST. SAN DIEGO. CA. 92/21 PHONE, rel91-558-..500 /3'--- FAX, rel91 558- ,..,.. --.:;:;. p/I-o?4 f-Ir JOHN ,HILL. JR. L.S. 5559 MY LICENSE EXPIRES 9/30/95 _____ . "'1I"\oe" ,'u _ ..._...a~ ,,~. ~nPH l ,,"fi,-~-"Q4 -CHULA V I ST A TRACT NO. 89-9 SAL T CREEK I UNIT NO. 4 MAP NO. 12917 J \D - . I') i - " I ...J I 0 - 0 ~ "" \D m -' " a:: N . C\J C\J 0 I it) ,.., " ~ DEDICATION PLAT MT. MIGUEL ROAD DEDICATED PER MAP NO. 1 291 7 Q < o a:: ~ ~ I t ~ ~~ ~~ ~,.., ::i~ a.; ~ m ~ : Ln=-C\J ()~ "" ba>....... 3~ o 0.00' 0 o z ..... J: . ~ P .0.6..- 11.15' POR. PARCEL 1 P. M. 16033 LEG E:N D ~ - PORTION ;c::J f3E. DE.DICA TED EXHIBIT" I: ~I/! I/:.L ~ JOHN ~. HILL, JR. L,S. 5559 MY LICENSE 9/30/95 9/31/95 ~ CO t!J .0 ot<) -J2:- Lu - U .0 a:::UI ...::0C\.J Q.QO'I 1\\~\ 0'1 "-ocS>-9 . 061 <" <;'02" 6'':>.83' ~ --- 4: MG.-t; VICINITY MAP NO SCALE . 0 0< or>:: O. ,..,0 o 8g~ PORTION OF MT. .~ MIGUEL ROAD g g DED I CA TED HEREON z AREA = 41 85 sa. FT. C\J r-... it) o \D - A=240 00' 00" R=40' L-16.76' N 66000'OO"E 27.41' N 42004'30"E 4.06' N IBo09'OO"E 6.56' N 7I051'OO"~ 10.00' t PARCEL I DOC. NO. 1192-01130B4 S.I-I.1/4, SEC. T. 17 S. R.1 S.E.1/4 27 1-1. S.B.M. " PREPARED BY, 8.'!D'''t.- HUNSAKER & ASSOCIATES. SAN DIEGO INC. DATE 10179 HUENNEKENS ST. SAN DIEGO, CA. 92121 PHONE: [6 I 9J 55B- 4500 / 3 /. FAX, [B19J 55B-1414 -{P --A I'tI-~5~ Ei :Gli!ON PLAT O/S MT. MIGUEL. 121010.374JPF, 02595 120~ 23-AuQ-92 05,47 PM / n25-QB-BQ' RESOLUTION NO. /68'8'..5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF MT. MIGUEL ROAD ADJACENT TO CHULA VISTA TRACT NO. 91-01 SALT CREEK I CONDOMINIUMS WHEREAS, FN Projects, Inc., a California Corporation, owner of property under Subdivision Map No. 12917 (Salt Creek I - unit No.4) and owner of property under Tentative Map No. 91-01 (Salt Creek I Condominiums), has requested a right-of-way vacation of a portion of Mt. Miguel Road adjacent to Salt Creek I Condominiums; and, WHEREAS, the portion requested for vacation was originally dedicated on Final Map No. 12917, but the Tentative Map for CVT 91-01, currently being processed, requires a realignment of Mt. Miguel Road such that the portion requested for vacation is no longer needed for street purposes; and, WHEREAS, section 8334(a) of the California Streets and Highways Code states that the Council may summarily vacate an excess right-of-way of a street or highway not required for street or highway purposes; and, WHEREAS, section 8334.5 states that a street easement may not be summarily vacated if public utility facilities are in place and would be affected by the vacation; and, WHEREAS, all utility companies that might be affected were contacted and have no objections to the vacation and there are no facilities in the street easement other than a private storm drain, so no utility easement reservations are necessary. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula Vista does hereby, in accordance with Chapter 4 of the Streets and Highways Code, order the summary vacation of a portion of Mt. Miguel Road adjacent to Chula vista Tract No. 91-01 Salt Creek I Condominiums, as more particularly described in Exhibit "B", attached hereto and incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward a certified copy of this resolution to the San Diego County Recorder's Office for recordation and from and after the date of recordation, the easement vacated no long constitutes an easement. Presented by a~o f John P. Lippitt, Director of Public Works F:\home\attomey\CVT91-01 /3-7 COUNCIL AGENDA STATEMENT Item /1 Meeting Date 11/10/92 TITLE: PUBLIC HEARING -- Proposed rate increase for Hartson Medical Services for emergency paramedic services. Fire Chief Aft SUBMITTED BY: REVIEWED BY: City Manager JZ.: lJ :Ji (4/5ths Vote: Yes_ No_X"> v' On May 9, 1989, Council approved Resolution 14092 that executed an agreement with Hartson Medical Services to provide basic life support (BLS) and advanced life support (ALS) ambulance services within Chula Vista. The agreement requires Hartson to respond to 90% of all ALS calls within 10 minutes and 90% of all BLS calls within 30 minutes. Pursuant to the agreement, Hartson has proposed to increase their fees by an average of 5.2 % effective December 10, 1992. RECOMMENDATION: That Council: I) Conduct a public hearing on the proposed rate increase for Hartson Medical Services. 2) That the proposed rate increase not be granted until Hartson Medical Services provides staff with certified statements regarding their countywide rate of return on investment, profit and loss, and/or other compelling evidence supporting a rate increase. BOARD/COMMISSION RECOMMENDATION: N/A BACKGROUND: The current agreement between Hartson Medical Services and the City of Chula Vista was executed by Council on May 9, 1989 and expires April 30, 1994. The contract includes three, three year options that would extend the agreement through April 30, 2003 unless either party notifies the other that the extension is not approved. Staff is not yet prepared to make a final recommendation as to the appropriateness of exercising the first three year option, but staff is seriously considering recommending competitively bidding the ambulance contract rather than extending the current Hartson agreement. Under the existing contract, Hartson is granted the exclusive right to provide both ALS and BLS ambulance services within the City ofChula Vista. Pursuant to the applicable sections of the Hartson agreement, Hartson ALS and BLS rates were increased on August 30, 1990, and on October 22, 1991 without a Public Hearing. The City Council has the unilateral right to require a Public Hearing to consider any fee increases proposed by Hartson. The last Public Hearing on the subject of emergency medical service rates was conducted in December of 1985. /i/-/ Page 2 Item E Meeting Date 11/10/92 Hartson has proposed fee increases that average approximately 5.2% over the current rate schedule. The agreement stipulates that Hartson's charges shall be eligible for adjustment annually. Such annual adjustments may not exceed 8% and are limited to the greater of: 1. The percentage increase in San Diego's Consumer Price Index (CPI); or 2. 75% of the increase in the San Diego Medical Consumer Price Index (MCPI). In the present case, 75% of the last published MCPI, which measured the twelve month period form July 1991 to June 1992, is the greater of these two indices. This index has risen from approximately 185.7 in June 1991 to approximately 198.5 in June 1992; an increase of 6.9%. The 5.2% proposed increase is derived by calculating 75% of 6.9., and therefore, is consistent with terms and conditions set forth in the agreement. If the proposal submitted for Council's consideration is approved, the current Basic Rate for ALS treatment and transportation services provided by Hartson will increase $17.00 from $338.00 to $355.00. The proposal also calls for the current Basic Rate for BLS treatment and transportation provided by Hartson will increase $10.00 from $190.00 to $200.00. Under this proposal, the Basic Rate for ALS treatment will have increased from $295 to $355, a total of $60.00 or 20.3%, since 1989. The remainder of the rate schedule has increased proportionally over the same period. The complete Hartson Emergency Medical Services Rate Schedule is attached for your information (Attachment I). Hartson Medical Services has consistently met all the provisions of its contract with the City during the last twelve months. These provisions include responding to 90% of all ALS calls within 10 minutes and providing a community education program that is designed to improve public awareness of the emergency medical response system and widespread public health issues. Hartson has participated in the annual Fire Department open house, has provided CPR and defibriIlator training for the Fire Department and has participated in citywide disaster response driIls. Hartson and City staff are also assessing alternatives methods for reducing the City's emergency medical services supplies costs. Staff expects that an informal agreement between Hartson and the City to have Hartson provide a variety of BLS and defibrillator supplies to the Fire Department will be reached in the near future. Additionally, Hartson staff works in concert with City staff to mutually resolve emergency medical response issues in a timely fashion. Staff has not been presented with enough information to recommend that the proposed rate increase be approved. In a series of recent meetings with City staff, Hartson provided general information relative to the increasing costs of doing business. Hartson staff also provided a comparison of the average paramedic billing in Chula Vista versus those in other jurisdictions served by Hartson (Attachment 2). Such comparative analyses have proved ineffectual because Chula Vista's agreement with Hartson is unique within the county and perhaps within the state. Unlike the other jurisdictions served by Harston, Chula Vista pays Hartson no subsidy, paramedic billings do not include patient charges earmarked to fund emergency medical training programs and the Fire Department does not provide patient transport or any level of advanced 1'-/ -.J Page 3 Item ft Meeting Date 11/10/92 life support. Another aspect of the agreement between Hartson and the City is unique: only in Chula Vista are both ALS and BLS provided exclusively by the same company. The differences between Chula Vista and other comparable jurisdictions in the manner that emergency medical services are provided prevent effective comparative analysis, therefore, in order for staff to determine if the proposed rate increases are appropriate, specific financial information is required. Staff has requested specific and verifiable financial information from Hartson to facilitate an analysis of the proposal. Information specific to Hartson's San Diego county operations would provide an overall picture of the firm's fiscal health and would provide staff with an empirical basis for evaluating the Chula Vista rate increase proposal. Such specific information has not been provided to date. However, Hartson has provided staff with the attached information as justification for the proposal. While this information is relevant, it does not respond to staff's request for certified statements regarding Hartson's countywide rate of return on investment and profit and loss. In the absence of such compelling evidence, staff cannot make any recommendation increasing the rates for emergency medical services provided by Hartson. Therefore, staff recommends that the proposed rate increase be deferred until Hartson has submitted the rate of return and other financial data requested by staff. FISCAL IMPACT: There is no fiscal impact upon the City. However, if the proposed rate increase is approved, the paramedic bills for Chula Vista residents would increase about 5.2%. / Lj.- :3 ATTACHMENT 1 Chula Vista Ambulance Service Rates Effective November I, 1992 Annual Increase in San Diego Medical Consumer Price Index = 6.9% ALS Rates Current Rates Base Rate Treatment Only Mileage Waiting Time Night Oxygen Drugs and supplies $338.00 338.00 11. 00 48.00 48.00 48.00 As used 8LS Rates Base Rate Treatment Only Mileage Waiting Time Emergency Inunediate Response Night Oxygen 08 Delivery Spinal Precaution Suction Services CPR Services Bandaging Splinting Airway Restraint Services Extra Attendant Border Crossing Drugs and supplies $190.00 190.00 11. 00 48.00 60.00 32.00 48.00 48.00 100.00 32.00 32.00 48.00 32.00 32.00 32.00 32.00 190.00 200.00 As used Current + 75 % of MCPI (5.17%) $355.47 $355.47 $11.57 $50.48 $50.48 $50.48 $199.82 $199.82 $11.57 $50.48 $63.10 $33.65 $50.48 $50.48 $105.17 $33.65 $33.65 $50.48 $33.65 $33.65 $33.65 $33.65 $199.82 $210.34 'i/-if ~ Effective 11/1/92 $355.00 .. 355.00 11.$(} 50.50 50.50 50.$(} As used $200.00 . 200.00 . n.5O 50.$(} 63.00 . 33.50 50.$(} . SO.$(} . 105.00 . 33.50 . 33.50. 50,50 33.$(} 33.50 33.50 33.50 200.00 . 210.00 As used rn Q) +::0 c: ::J 8 ctS ~ <( ~ a:J 8 rn "u c: ~ LL ~ c: ctS ctS Q..CIJ Q)"O C')Q) ~t5 Q) Q) ~~ "0"0 Q) c: (5ctS E ~ +::0 +::0 rn .- W5 'OE >.E ~ 8 :::I~ CIJ c: :::I o () o C') Q) b c: co CIJ c: .!!l iD .() "0 Q) E Arr19tlll1lIJ r 2. :. , , , ~~:~:l~i~~-::~~t;f~MHtM#WMfftJi:MWMMW4t:~:~:~{.#tMrk#.~MMtr.;.:;~ ~'(IIII'''I'J'JIIliIIII''JIII . ~~1?1:fW&WtMti:btM:?:#:::@!iM~&lf.~~&tm@Wff:f%T~f! 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Services 9573 Che:~i-Jpeake Dnve San Diego, California 92123 (619) 492.8100 October 26, 1992 Chief Sam Lopez Chula Vista Fire Department 276 Fourth Avenue Chula Vista, California 92010 Dear Chief Lopez: Enclosed is a graph providing the information you requested. Shown on the graph for comparison purposes are estimated average paramedic bills in a number of communities, including Chula Vista in San Diego County, and in the San Francisco Bay Area. If you have any questions, please feel free to call me at 492-8100. c .~1Y' '-nor~J. Jones Chief Operating Officer of MedTrans /ce025 Enclosure /'/- ? ,. BEIE? INTRODUCTIOI': T() HE.:::'.=-,THC,;RE ECONOMICS INTRODUCTION Healthcare delivery systems In the United States, including emergency medical systems, are in eC0110mic turmoil. A large and growing segment of the populatioll is uni11sured or underinsured. In order to be able to provide care to the people who can not pay for it, healthcdre providers are forced to shift the costs of this uncompensated care to the people who can pay, including insurance companies and managed care organizations. Because of this "cost shifting," todays insured patients pay for all or substantially all of the care received by uninsured or under insured patients. HOW MUCH WILL THE AVERAGE COLLECTION PER BILL INCREASE WITH A 5.17% INCREASE IN THE AVERAGE AMBULANCE BILL IN CHULA VISTA? Reimbursement for ambulance services comes from a number of di fferent sources, including ir:demni ty insurance companies, managed care organizations, and two government programs, Medicare and Medicaid (Medi - Cal in Cali fornia). In the ci ty of Chula Vista, Medicare and Medi-Cal patients make up about 48% of Hartson's total patients (See Attachment 1). Additionally, Hartson provides unreimbursed ambulance service to a significant number of medically indigent patients. Reimbursement for Medicare and Medi Cal patients is based upon a schedule of fees determined by each agency. Hartson "writes off" the difference between its actual fees and the fees that are approved by Medicare and Medi-Cal. These schedules do not change wi th changes in the actual fees charged to patients. In Chula Vista, the average Medi-Cal payment is $103.41, and the average Medicare payment is $275.25 (See Attachment 1) Hartson has requested an increase in the fee schedules in Chula Vista that would result in approximately a 5.17% increase to the average bill. At the new fee schedule, while the average collection per bill from insurance companies dnd managed care organizations would increase, the average collection per bill for Medicare, Medi-Cal, and indigent patients would remain at the current levels. Attachment 1 shows that the weighted average collection per bill at the current fee schedule in Chula Vista is $242.54. If the fee schedule that Hartson has requested is approved, the weighted average collection per bill will increase to $249.54. While the requested fee schedule will cause the average bill to increase by about $21.62, or 5.17%, because Hartson will not receive any additional revenue from Medicare, Medi-Cal, or indigent patients, the average collection per bill will increase by only $7, or 2.89%. / 'I-~' City of Chula Vista Projected collection rate with rate increase ALS, BLS. CCT services Pri vate/Ins [1] Medi-Cal Medicare Contract % of Population 39.43% 14.78% 33.35% 12.45% Average CURRENT RATES Current Average Bill 427.61 434.42 378.26 476.02 418.19 Current Average Collection 231.63 103.41 275.25 354.58 242.54 PROPOSED RATES Private/lns [1] Medi-Cal Medicare Contract % of Population 39.43% 14.78% 33.35% 12.45% Average Projected Average Bill 449.72 456.88 397.82 500.63 439.81 Projected Average Collection 243.61 103,41 275.25 372.91 249.54 SUMMARY OF CHANGES Average Bill Average Collection Current 418.19 242.54 [1] Includes indigent care Proposed 439.81 249.54 Change 21.62 7.00 /tj- ? Collection Rate 54.17% 23.S1 % 72.77% 74.49% 58.41 % Collection Rate 54.17% 22.63% 69.19% 74.49% 57.05% % Change 5.17% 2.89% - 00 0)- 00 .- (\3aJ ~ 0) uC> ooc:~ ~a;Q) .~ ~ ~ 0) 0) c: CJ) a. 0- _xO) B ill ~ :a0)~ ~ ~g '::'(\3- c:CJ)"'C 0_ 0) 00000 t: c: 0) (\3 0 :J I 000'" os:::: 0) (\3 a: a..c E:t: 83: c 'Cf2. 8 tri C\I ::R 8 @ ::R o 8 tri ..... ::R 8 o ..... 'Cf2. I"- ..... 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LO o o '<t LO M LO 0 C\I C\I (spuesno4.JJ o M LO ,.... /#-/2- C') C> 0) (t f/) c: 0) a. f/)dj Bc:~ .- 00) ~ .- O)m~ CJ)C:T""" -0)0) ~ 0.0) C\I .- E T""" "io..... C> (t ~()m c: -~ >- 00)- ~~~ ctS 0 .f/) I3:LL ctS ::J c: c: <( .- C> (t 8 C> o o ex> ~ o o CD o 0 ~ ~ (spuesnoLU) o o C') o o C\I 8 o .- /0/-/3 a> en c:: C') a> 0> c.. G: >< W e >. enea('t) Bo...O) .- u 0) C: .- T""" a> "0 I C/)~T""" BeaO) ....0) .- ea T""" C\J "00....... 0> ~~m G: c:: >. >- 00- en - B t c.. en ea E .- IWU- .... a> 0... a> C> ~ ,.... a> 0> < G: o co o LO @ o C') (spuesn04.0 o C\J o ,.... o /'1- Ii m x "C (1) :J en (1) :J ~ ~ (1) en :J " Ci3 0) en CD 6" z $. :D ~ (1) :J c: CD ...... (Thousands) ~ o "U "U~ ~ ~ g,~ ('j" 0: 1jJ:< ...,:(1) s>>:::r. c!:.Q. g:ro 0: . , ~3 '< c: a ;;2. =fi! '" o :J II> 5" JJ~ !!! II> ~ ~ c: - CD 0 Z ~ /1/-15' ::E S:8 ~3 "C i (') o :::J.:J'" en en c: (1)0- Q.:JO) "0< en. :;; !a. @ en. ~ -<@3 (1) =< (1) ~CDca ......0)(1) co":J CO......" c.u CO '< -. CO s::: 5 I\) (1) Ci3~9: ~ i @ CD:J(/) 6"~(1) :J -. < (1) :J -. -~~ Ci3 CD en < 0) CD en :J (1) c: en CD Hartson Medcical Services Operating Expense Increases, Fiscal Years 1991 - 1992 Chula Total Vista Chula FYE 1991 FYE 1992 Change Allocation Vista Paramedic Payroll 1,961,246 2,128,956 167,710 28.57% [1 ] 47,917 Workers' Compensation 676,224 816,040 139,816 8.31 % [2] 11,612 Communications Payroll 711,552 757,702 46,150 13.04% [3] 6,019 Vehicle Operations 894,338 1,004,606 11 0,268 8.31 % [2] 9,158 Increase in Expenses 74,706 Increase in Collections 55,230 Change in Profit (Loss) (19,476) [1] 42 employees total, 12 employed in Chula Vista. 12/42 = 28.57% [2] Estimated 7,890 Chula Vista transports; 95,000 total transports [3] Estimated 7,890 Chula Vista transports; 60,500 total suburban transports [4] 7,890 transports x $7.00 increase in average collections J'I6'/h en C o 'B .92 8 a5 en C S .!; '2: 0) 0) ~ cn~ -(.) ~.!; ~~ e;i a5~ 2>E ~ 8 w ~~ ~& ;:, ~ .t:ttI o .!; CO) ~~ o~ .c -a 0) en o a. o .... a.. ~ ~ .-: u'i: . . . . . -----...----'- . . . . . . . . . . . . . . . . : : . . . . ~. . (') m ~ ~ C6 0> "5 ~ j-=- (') m ~ (') i m ~ 0 0 ~ ~ (') ~ m i ~ ~ (') m ~ C6 0 ~ I '6 ~ 0) gj ~ "=--------- ~ 0> ~ S Q) 15 ~ > 'C ;:, ~ a.. en C ~ ui: : . . . -----... --- . . . . . . . . . : . : . . . . . . . . . . .. -----...-------- .. . . . : : : . . . : : : . . . . . . . . . . . . . . . . . . ffl. ......w.........:.......................:....... .... ~ uj . . . : . . ---r--..,---.- . . . . . . : . : ~ .... ~ uj -1-- I---+--:Rt I . 0 I I I.......' : :~: : : lO: : : : . . . . . . : : : ~ J l/ -1'7 en c: o 1:5 Q) o o 16 z I (D Q) C) ~ ~ <( ~, ~~t~H !1~11' ~ City of Chula Vista Projected collection rate with rate increase AlS, BLS. ccr services PrivatelIns [1] Medi-Cal Medicare Contract %of Population 39.43% 14.78% 33.35% 12.45% Average PrivatelIns [1] Medi-Cal Medicare Contract %of Population 39.43% 14.78% 33.35% 12.45% Average Average Bill Average Collection Current 418.19 242.54 [1] Includes indigent care CURRENT RATES Current Current Average Average Collection Bill Collection Rate 1~H~ ;1111111111111111111111((11111 476.02 354.58 74.49% 418.19 242.54 58.41% PROPOSED RATES Projected Projected Average Average Collection Bill Collection Rate 449.72 243.61 54.17% ~~~:: IJllllflllllli\1I1. 500.63 372.91 74.49% 439.81 249.54 57.05% SUMMARY OF CHANGES Proposed 439.81 249.54 C~r~ !lllIi1lii J'I'-/~ COUNCIL AGENDA STATEMENT --- Item /5 Meeting Date 11/10/92 ITEM TITLE: Resolution I ~ g'gr ~ Approving additional contributions to assessments in conjunction with Assessment District No. 90-2 (Otay Valley Road) Director of Public Works ~ ?' Director of Community Developmentc'" ~ ,../. J 'JI City Manager 10 'Y' :j I (4/5ths Vote: Yes No x ) - - SUBMITTED BY: REVIEWED BY: On June 23, 1992, Council confirmed the assessments for Assessment District No. 90-2, Otay Valley Road. At that meeting Council directed staff to reconsider certain property owner requests for additional credit for slopes and constructed improvements. These requests were reviewed and brought forward to Council on July 21, 1992. This item is a follow-up to that report. RECOMMENDATION: That Council: 1. Approve an additional City contribution of $2,085 to Mr. Brady's assessment for improvements constructed. 2. Deny Mr. Palumbo's request for an additional contribution to his assessment. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: Certain property owners within the assessment district have indicated to staff that the credits previously allocated to their property should be increased for various reasons. Presented below is a summary of two property owner requests which required follow-up action after the July 21, 1992 meeting. Included are the results, conclusions or an alternative for the property owner. 1. B & B Partners (Mr. Bradv) - Assessment No. 12 Backaround As indicated in the Council report dated July 21, 1992, staff prepared a written response to Mr. Brady explaining the "credits" to his assessment. Also, in the Council report, staff indicated that Mr. Brady's request for additional "credits" was based on using "bond" unit prices not low bid unit prices. It was further explained that Mr. Brady could not provide actual cost information because the work was performed under a "lump sum" contract in conjunction with development of his site. 1.5"/ Page 2, Item IS Meeting Date 11/10/92 Reauest for Additional Credit Subsequent to that meeting, Mr. Brady submitted another request for additional "credits" regarding improvements he constructed. In his letter of July 23, 1992 he requested the following: 1. 2. 3. 4. Pavement for Transition Overlay to centerline of street Clear, Grub and Fine grade Adjustment of 20% due to "Small" job TOTAL $ 808.55 1,276.00 2,000.00 6.662.31 $10,746.86 Staff supports crediting the assessment $808.55 for an area of pavement transitioning from full improvements to existing improvements which staff did not previously consider. Staff further supports crediting the assessment $1,276 for additional overlay. Staff previously gave credit for a portion of the overlay assuming that a minimal width strip of overlay was necessary to transition to the existing pavement. No information on overlay was depicted on the plans. Mr. Brady indicated that the overlay actually extended to the centerline of the street and staff has confirmed this with the field section of Public Works. Staff does not support Mr. Brady's request for credit for clear, grub and fine grade. No other properties in the district were given credit for this type of improvement unless actual costs were provided. Staff recommends that this credit be denied to be consistent with the other properties. Staff feels this is equitable because Mr. Brady is unable to provide line item receipts for verification of actual costs. Mr. Brady further requested that the City consider increasing certain items' unit prices by 20% to take into account that small jobs are costlier than large jobs such as this widening project. He requested an additional $6,662.31 credit for a 20% increase on unit prices used in the assessment district for pipe, pavement, a.c. overlay and concrete curb, gutter and sidewalk. This adjustment was based on Mr. Brady's conversations with several contractor and engineering firms. Staff does not support providing an adjustment for small job costs. No other property in this district received such an adjustment. Therefore, staff recommends that this request be denied to be consistent throughout the district. In summary, staff recommends that Mr. Brady receive credit of $2,085 of the $10,746.86 requested, against his assessment of $16,420. Staff has met with Mr. Brady and discussed this recommendation with him. He has also been notified of tonight's meeting. IS-" ~ Page 3, Item J> Meeting Date 11/10/92 Don Palumbo - Assessment No. 24 As indicated in the staff report of July 21, 1992, Don Palumbo of Goldcoast requested credit for utility undergrounding work which was under construction at the time of the July meeting. Staff indicated in the July report that the City would contact SDG&E to request that the City's allocation of "20A" funds be used to reimburse him $30,121 for the eligible work. Staff has contacted SDG&E and SDG&E does not support Mr. Palumbo's position that this work is required because of the road widening project or to serve other properties. SDG&E has indicated to staff that although the system may be used by other properties in the future, it is sized properly for Mr. Palumbo's development. The system was a development requirement and required as "in-kind" underground conversion of his project. SDG&E does not support using "20A" funds to reimburse Mr. Palumbo. Staff also does not recommend using City funds to reimburse him for the undergrounding work because no other property in the district received credit for undergrounding. City contributions were given to other properties for pOle relocation needed to widen the road. The Goldcoast property does not fall within that parameter. If Mr. Palumbo's contractor had not performed the work, the work would have been performed under the City's contract. Due to timing, the developer chose to perform the work at that time in order to meet his schedule for occupancy permits. Staff recommends that Mr. Palumbo receive no credit to his assessment for the undergrounding work performed. Staff has discussed this with Mr. Palumbo and has informed him of tonight's meeting. FISCAL IMPACT: Funds are available from 996-9960-ST123 for the recommended additional contribution of $2,085 to Mr. Brady's assessment (Assessment No. 12). The revised "City" contribution for the project would be $5,273,500. Attachments: A - Mr. Brady's letter dated 7-23-92 B - City letter dated 7-20-92 C - Mr. Brady's letter dated 7-8-92 D - Mr. Brady's letter dated 5-27-92 E - Palumbo-Hamann's estimate for underground work "Df N ~l> St.~,J DOS:File No. AY-081 WPC F:\home\engineer\agende\ad90-02.ovr 103092 )S~:J ALTERNATE A RESOLUTION NO.---.J Co9'2G RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ADDITIONAL CONTRIBUTIONS TO ASSESSMENTS IN CONJUNCTION WITH ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD) WHEREAS, on June 23, Council confirmed the assessments Otay Valley Road; and, WHEREAS, at that meeting Council directed staff to reconsider certain property owner requests for additional credit for slopes and constructed improvements; and, 1992, by Resolution No. 16643, for Assessment District No. 90-2, WHEREAS, staff recommends that Mr. Brady, representing Assessment No. 12 (Assessor Parcel No. 644-040-24), receive credit of $2,085 for improvements constructed of the $10,746.86 requested, against his assessment of $16,420. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an additional contribution of $2,085 from Account 996-9960-ST123 to Mr. Brady's Assessment No. 12 for improvements constructed. Presented by ed as ^ John P. Lippitt, Director of Public Works F:\home\attomey\brady.pal 15 - If ------ r --. ~-.. :. -_ -'- '---- .: ~ J~ r. .- ..~t . " J. '.", .'" , ...;. .' . ". :-~,J-.'f.::-~ !<,,"'. ~,;,:-.- B & B PARTNERS ". . - - "~ Robert W. BradY. Managreg~~329"~ D: 34 July 23. "1992 Cltv of Cnula Vlsta Deot. of PubllC WorKS Englneerlng D1Vlslon ATTENTION: Donna SnYder REF: Assessment Dlstrlct No 90-2 Assessment No. 12 644-040- 24 uear Don~,a. Tna~~. vou so mUCt1 for t~e lnfc~matl~n I re=~Estej. A1tno~gl I 11ave orotestej tne a~sess~e~t Clstrlct. you have ronetilsless beerl \sri CC(:8era~lve. ODleC~l~'~ arlC ~elo~ul. I res~e=t ana aQpreCla:e vc~r or 0- e s ~ ": .::)t"'; a "; ~ Sf'!'" . ~~ OlSCUSSE~ S0Te aC=lt'sn~l "! t-?'"rS W~lC~ are a~se~~~rg of me f,rst sai. howev~r. trSt t~e C~G1C' I na"e teen '.Ery r3~e no reason to ass~J~& ac' _.'S-:-': rr,-:-'")t 1 ,-,'1", r-:;t ar~ 3JO t~o~a1 cree-to L8: ::)~ f11:11g a SL.l~:. ~ou ara h~":.""; us t.nlJS Tar a"j') I !~l tr:9 fut,.p-e. r"t:-: ':--: r~&.:,"' oS 01_":'2rW1 se I-~::' ":',~~=.-, at'€-as C'T CjrSloe"-atH::'t"l 1 D€11E-'/€ ce~ervlns a:~.lu:3":::-=~'t a'-~' 1. Tre D~,emert a"-ea 1S ~71~.x2' 0"- 7.2-5 sc1it In "e. c~ t.7G'~ ~~.'~~ S~(.W" C~ .C~J- tre3~aown. -nls shcJla re~lect an aCClt-01~a1 sred't ci ~ 5 SO,Tt @ !1 .57 or $~~2.55. 2. tre G~er av area was 370'~2(:' s~/it sn~~n en VOJr crea~aown. Cre01t Of 0.280 sa 1ft @ $.20 or OF 7,400 sa ft 'n 7n1S shouio reflect $1,276.00. 11 e.", ot I. C.:.. (, an a.:Jclt':na.1 3. Tnere should be an allowance for ana t.here 1S not. ..e belleve a allowa~ce for t~is ltem lS $2.000. Clear" GFub and Flne G~ace reasonab"le anc conseryatl'/e 4. Lastl,. tre (ouncll made lt clear that Credlt offsets a~e to be baseo cn the amounts pald by the lan:iowners by uSlng lnYC1CeE a~o/or ca~celed checks. They have not used the prlces now belng pald for the lmorovements bv the Assessment DlstrlCt.. It lS oaenly ao.'lo\"~edged tr,at you alwa"s get mCJcr, better !cheaDerJ once~ o~ larce Jcbs V',an on srra"'l ones. Certal'lly YC<.J ha,e Deen aoie :0 (;.;~~.'!; "'al- oe:.ter ~rlC ln~ on tj-Ie orO.lec:t tnar: we were fo.- a. ,::.ne 'a~e aJ~l~lCn for aocroxlmatel < 350 llnear feet. vlewed 0< c0":ra::o~s as a1~05t a nUlsance. I na~e ce1)ed se~'eral /55 -4 ++-OeJ!f'Y) ef'1.J A-I ~~ ~~ P3.~e ~ contractors and englneerlng firms ana have recelved prlce varlatlons on these reiatlve Quality differentlals of 20% to 50%. I would llke to know what your own contractor on thlS project wouia auote as a varlance. I would be wllilng to accept the lower number of 20%. I thlnk thlS adjustment should be made to ite~s 3.4.6.7.8,and 9 of your breakdown only. Items' .2,5, and 10, I am told are not effected much by auantlty varlations. ThlS is ciearly conslstent wlth prlor board actlon and approvals. ThlS cnange would effect credlts as follows: f't';' :'. \,<'4. n, " \p.''''' V. ~,A~'i . cJ -:--' ~ c,\\Y" ~ - . d~ ~(I 5Q/f~ ~ $ 10.CIO 27b sa.ft @ b.OO 7.215 SCi~t ~ 0.314 -,'.Ll!)I. so.-t @ 0.(:4 ,j44 SC ft. I@ j. 20 iuT4L $ 8(1:). CiO 2.20CI.C]0 2.265.5"] 2";;0.00 1. "IOC. 00 $b.t02.3", :'[D _ lata! cres1ts ~eouested: Ite~ Iter: ..:. ~te~ ..: I t.ern 4 $ 51.b.5~ ! , ::: 7 t . :~~ 0 2. . _\~_I(J . C .1 6. b6~. .: I T .1" A. L S -! c.t. - ~\:" ,~6 r'ese a::01":1:-0'-a"1 lter:.:::, Wlt~ ~C~~C' I a:t'o~ a~c \'0 J f r:: c..... -....I.le C ':.JIlC - 'f [' r :,~),~ ::- St. are reaso'lab1e. re~11sL1C. ard cons~ste~t crece~ent. 1 WOJ~O be na~pv -:0 meet Wl-:.n ;;0 alSCuss or aeoate en€' merlts .::>f t,""S -:"r.;':'.r:;... 'YC'U ar".: t.J""\e CC)\JtlC 1; In ad'./a~ce f,:.)r ,"0..11'" :.onSl :1erat 10n a.....o c.cc'~)e""'aT. 'C'~ /~-- /, ~ "' c:.- . ~ ~ft.. ~ ~~;F~ . If j cnv OF CHUlA VISTA (L-- DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION July 20, 1992 File # AY-081 B & B Partners 1360 S. Magnolia Ave EI Cajon, CA 92020 Attention: Mr. Robert Brady OTAY VALLEY ROAD ASSESSMENT DISTRICT NO. 90-2 As requested in your letter dated July 8, 1992, I am providing a breakdown on how your assessment (AN#12) was calculated. Your original assessment would have been approximately $73,350. The City adjusted your assessment in the ,amount of $56,930 based on low bid unit costs (see attachment). Your confirmed assessment is $16,420. Should you require additional information, please call me at 691- 5266. -~~~~ DONNA SNIDER CIVIL ENGINEER DDS:rb cc: Willdan Associates Municipal Finance Administration Attachment (DDS2\PARTNERS.LTR) /5'/ 13- ) 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5021 . . ASSESSMENT NO. 12 unit Cost Quantity Cost Power Poles $3,500 4 each $14,000 CI 2,500 2 each 5,000 RCP Culvert 50 80 L.F. 4,000 RCP 18,24 40 275 L.F. 11,000 A.C. Berm 5 60 L.F. 300 Pavement 1.57 6700 S.F. 10,519 Overlay 0.20 1020 S.F. 204 Cur b & 6 344 L.F. 2,064 Gutter Sidewalk 10 344 L.F. 3,440 Street Light 1,227 1 each 1. 227 SubTotal $51,754 Design 10% 5,176 Total $56,930 (DDS2\AD-12) /Y g" 13'-.~ B & B PARTNERS Robert W. Brady, Managlng Partner "'E.--. '";'T "'i;"V'':r. "'YO.,.. -,,; 1:"., ' .HULJ. "'S _r'W:'!!';EC'~ IIi 1, .... ~G D""c I9S <0. 'T Z .IUL 13 PH ~ 4S July 8, 1992 City of Chu1a Vlsta Dept. of Public Works Engineerlng Divislon ATTENTION: John P. LipPltt REF: Assessment District No 90-2 Assessment No. 12 644-040-24 Dear Slr. I have Just recelvea mv "statement and flna1 assessment amount". as conflrmea. As conflrmeo by what? I nave protested any assessment to my parcel from the very be91nnlng. We a'lready have insta"11ed. at our sole expense. addltlonal lanes ItO four), curbs, gutter and sldewa1k, as well as underground utllltles and street11ghts. We are the western most parcel ln the New Assessment DlstrlCt and will get aDso1ute1y no peneflt from these changes. Nlnety nlne percent of our use and trafflc goes to and CO'1\es from the $1805 freeway. Tne easterly portlon Of Ota~ valley Roaa can be two lanes or ten lanes wlthout any effect on us. After the Councl1 agreed to make reasonable offset aaJustments to tne assessments by conslderlng the cost of lmprovements alreaoy put ln by the land owner and required by the Cnu1P. Vista Clty, I submittea a aetal1ea breakdown of ltems and c0St on May 27, 1992. These costs exceeaed the then pror~sed assessment. I believe thlS Verlfled our flna1 ass,,~sment should be zero (0). If you have oetermlned. as is ~pparent1y the case. that our final assessment lS $1~,240.00, I thlnk lt lS only approprlate to provlde me with the s~me exp1anatlon and detal1 of the difference between this as the detail that was requlred from me. As I only have 30 days seek legal recourse, mai 1. from Tuesday. June 23, as I understand it to please provide thlS information by return /5-0; A."ACtI l'\.o\.o.:JT C _I' ,.\ 11;:7:_ -3;:2...... ........... ?/zfq~ 5"tJ>- ~ Vallo/ 1'0/. c PtJ/lll6< - 13-1 ~ levlnc/'S' ,lIssdl#lt- It;( ~ flr.e /k-I1'IJ /: . FAXNOTlFICATlON '"]vtP,-,~ WIll noIIiecI. fflz~wl7 1/'tJ'c/ I'A pUt' ,.ok/' f~ =tM~ TIme ~q:-o I . / Aft<< IIpm [ J Other: C/JtJd.- fljl^ IfMlIlI~ M."d ~. ==~d";.~~~~ I. ard Incoml fu... IJHv ~ti ~ +~ M~~~A 7N~~~ f4( Ii ~ It4 .?Jt.. ~ . ~ ROBERT W. BRADY ~., //,,,,_ d~ /1~...J /2;t.-1J cozu,trucn:.l.on Co.t ..u..te ror BOb Brady by Grave. Bn9J.ncorini Hay a7, 1992 / , - 'It.1ft Cleartnq , Grubbinq Fin. Gr.~Unq Landsoape . Irriw 7" Roadway Billie (344' plUi 50' tran.1tton 4'1 :!: A.e. (3&&' plus 50' transitlon ~ Ouantitv Unit Cost LS 81" 81' J. ;; 19,000 4,000 Monolithic 6" CUrb, Gutter, 3..4' x 7.5' 6" A.e. Bcan R & R !xist'q Curb & Install New Curb Inlet (20', EA) New 250 Watt H.P.S.V. Street Light at 30' (Non-nutoff Lumlnaire) R.~ov. 15' C.M.P.A. & Plu9 L. New 2' x 3' R.C.S. . Relooat. Power Pol.s in Widened Roadway 8A ~ -~~-------..,.~- x 41') U 11,129 x 40') IA U,760 " S1~.wa:L1t LI" LI" 3U 60 D 2 u 1 1 U LJ' 4 'ao-L- 2,~00.00 0.10 0.415 0.85 2.50 17.50 3.75 2,100.00 1,400.00 2,500.00 125.00 2S0.00 "0...1111- Item ~ost $2,500.00 1,'00.00 1,800.00 12,...... ~ 16,'00.00 .( ',010.00 < 225.00 <. .,000.00 <. ~,400.00 <- 2,500.00 < 10,nO.Oo.c:: 1,000.00 < al,otO-c." ~. ~78)if'5' ~o.oa 150000 u,eee.ee ./....-4741- ,..--0.07 lueae1','>4' .-i.e,5"."~,'1' c, - 0'.14--150000- iiII,JOO.O~ d).'.2 hr ? 1I~'~2.._ f'U,)"" CIi subTotal Adminiatratlon Engin..rinq r... Contin9'enc1.. 'rotal , t /5'/;2., -------- ----------. -D-,~ / ~ -?/1c/'iZ- HAMANN CONSTRUCTION 475 W. BRADLEY AVE. EL CAJON, CA 92020 JOB: FILE: GOLD COAST ENGINEERING GOLDELEC 218,716 SQ. FT. OF LAND SQ. FT. OF SLAB 4,966 SQ. FT. OF MEZZANIN 17,239 SQ. FT. OF OFFICE 4,966 TOTAL SQ. AMOUNT 347. 14 % IMPROVED 2. 27 % COVERAGE COST BREAKDOWN SDG&E BREAKDOWNS DATED: MARCH 3, 1992 TOTAL OFFSITE ELECTRICAL CONTRACT TO HAMANN ITEM # ITEM NAME UNIT ~RICE AMOUNT ------------------------------------------------------------- 1 MATERIALS 2 TAX 3 LABOR 4 PERMIT 464 7.75% 22.00 22,740 1,762 10,208 300 ------------------------------------------------------------- SUBTOTAL PROFIT AND OVERHEAD 11.00% 35,010 3,851 ------------------------------------------------------------- TOTAL 38,861 . TOTAL SDG&E FEES NET OF EXPECTED REIMBURSEMENTS: TOTAL 106,981 .r\ ~OO I OFFSITE PERTAINING TO ASSESSMENT DISTRICT: ITEM # ITEM NAME UNIT PRICE AMOUNT ------------------------------------------------------------- 5 OTAY STREET CROSSING 6 SDG&E VAULT 9,147 4,760 ------------------------------------------------------------- SUBTOTAL PROFIT AND OVERHEAD 11. 00% 13,907 1,530 ------------------------------------------------------------- TOTAL 15,437 .- SDG&E FEES PERTAINING TO ASSESSMENT: ITEM # ITEM NAME UNIT PRICE AMOUNT ------------------------------------------------------------- 8 4 5" CONDUITS 9 RACKING ETC. AT VAULT 10 CABLE POLE 11 STREET LIGHT CONNECTION 100 37.64 3,764 4,400 300 2,254 ------------------------------------------------------------- SUBTOTAL 10,718 TAX 37.00% 3,966 ----------------------------------------------------~---~ I TOTAL 5 14,684) ~p~E - ~rri.~~~ 04. UJ;5~/3 1fL^"-- E: -I t::? .- / OFFSITE PERTAINING TO GIRARD: ITEM # ITEM NAME UNIT PRICE AMOUNT 7 MAXWELL STREET CROSSING ------------------------------------------------------------- 3,700 ------------------------------------------------------------- SUBTOTAL PROFIT AND OVERHEAD 11. 00% 3,700 407 ------------------------------------------------------------- 4,107 TOTAL SDG&E FEES PERTAINING TO GIRARD: ITEM # ITEM NAME UNIT PRICE AMOUNT 12 TAX VALUE OF TRENCH ------------------------------------------------------------- 577 1,560 0.37 TOTAL ------------------------------------------------------------- 577 SUMMARY: TOTAL DUE FROM ASSESSMENT DISTRICT TOTAL DUE FROM GIRARD TOTAL DUE FROM GOLD COAST 30,121 4,684 111,037 GRAND TOTAL OF SDG&E IMPACT ---------------------------------------------------- 145,842 /S'/'I t~-~ MEMORANDUM November 10, 1992 File No. AO-060 TO: Honorable Mayor and Cit~ Rouncil City Manager J G\ ~ ~~ Director of Public Works ~ VIA: FROM: SUBJECT: Otay Valley Road Assessment District Rebate Item #15 This item was to consider additional contributions to two property owners along Otay Valley Road. The two properties are owned by 1) B & B Partners and 2) Gold Coast Engineering. After Gold Coast Engineering received their copy of the staff report, Donald Palumbo, of Gold Coast Engineering met with us to request further consideration, since the staff report recommended denial. Since the participation is for undergrounding electrical facilities in the street, agreement from SDG&E is necessary, since SDG&E would make the rebate from the undergrounding program. Mr. Palumbo had information, and correspondance from SDG&E, that he though deserved further consideration. THEREFORE, HE REQUESTED THAT THE PORTION OF THE ITEM DEALING WITH HIS PROPERTY BE WITHDRAWN FROM CONSIDERATION AT THIS MEETING. The Attorney has prepared a new resolution deleting Gold Coast Engineering from the item. 8-/7 GOLD COAST ENGINEERING INC lwn NlrV,lIld Av{'., (.huld Vl"oId, (.A () I') I ] (f, I'IJ 421.11S 1 M..1dlng addrl'~"', P,U. Box 1109, Bonita, CA 419(J8~()H60. FAX (61lJ) 421-1SOf) November 9, 1992 REF: GCE-DRP-270 tJ) ()';;J c-> . City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 , t.P .,. '-r1 '" ., .'.~ ~ ,\ \ "'< ~ ~ .~ '" \ '" Attention: John Lippitt, Director of Public Works, City Engineer ~ ~ ~ " .. ~ : " Subject: Sutherland/Palumbo, Gold Coast Engineering Request for reimbursement, Otay Valley Road Assessment. Reference: Council Agenda Statement for Council meeting, dated 11-10-92. Gentlemen: Thank you for meeting with me on Friday to review the information in my files. believe the information indicates that our project should be eligible for reimbursement of the cost of installing facilities for conversion to accommoditte Otay Valley Road Widening, As we discussed on Friday, please remove our item from the City Council Agenda for November 10, 1992, We look forward to your arranging a meeting with SDG&E, Chula Vista city staff and ourselves as soon as possible. Thank you in advance for your help. Very truly yours, //~-~ Donald R. Palumbo DRP:jr cc: Donna Snider, Civil Engieer /~-/Y ALTERNATE A ( OJ.! 'YYl-' " I::, RESOLUTION No.-'<e99G:. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ADDITIONAL CONTRIBUTIONS TO ASSESSMENTS IN CONJUNCTION WITH ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD) WHEREAS, on June 23, Council confirmed the assessments Otay Valley Road; and, 1992, by Resolution No. 16643, for Assessment District No. 90-2, WHEREAS, at that meeting Council directed staff to reconsider certain property owner requests for additional credit for slopes and constructed improvements; and, WHEREAS, staff recommends that Mr. Brady, representing Assessment No. 12 (Assessor Parcel No. 644-040-24), receive credit of $2,085 for improvements constructed of the $10,746.86 requested, against his assessment of $16,420. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve an additional contribution of $2,085 from Account 996-9960-ST123 to Mr. Brady's Assessment No. 12 for improvements constructed. Presented by ed as ~ John P. Lippitt, Director of Public Works F:\homc:\attomey\brady.pal /s ~ Ii COUNCIL AGENDA STATEMENT TITLE: RESOLUTION /~1'K? Amending the Fiscal 1992-93 Budget Item Meeting Date /~ 11/10/92 Year SUBMITTED BY: Budget Manager REVIEWED BY: City Manager! (4/5ths Vote: Yes-1L- No_> At the September 8, 1992 City Council meeting, Council approved a recommendation to implement city-wide cuts of $755,505. During the discussion, Council separated several issues from the proposed cuts and requested that staff provide additional information on these issues. RECOMMENDATION: Budget. Adopt the resolution amending the FY 1992-93 BOARD/COMMISSION RECOMMENDATION: N/A BACKGROUND: At the September 8, 1992 Council meeting staff proposed budget expenditure cuts in response to the cut of approximately $970,000 in general fund revenues by the State. The goal of the cuts recommended were: to maintain our existing service levels to the public; avoid using general fund reserves to balance the budget; meet existing MOU commitments; and, not layoff any city employees. Also, a goal was to position the City' s budget to prepare for possible cuts in state revenue in 1993-94. Toward those ideals staff recommended $950,033 in expenditures cuts, which represented approximately a 2% cut from each department. During review of this proposed cut list, Council identified the following issues to be removed from the list and be referred back to Staff for more information and a recommendation. These issues are as follows: 1. 2. 3. 4. 5. Reducing police overtime Library lending materials budget Recreation center closures Graffiti supplies budget Attorney voluntary work reduction $160,000 25,623 1,652 1,000 18,020 In addition to pulling these issues from the proposed cut list, Council requested additional information be provided on the Land Surveyor position which was approved for fiscal year 92/93 but not yet filled. Council also requested that the City Council budget for 92/93 be evaluated and potential reductions recommended. /6-/ Item Meeting Date /~ 11/10/92 Reducina Police Overtime The proposed Police Department cut list of $283,500 represented a 1.8% reduction from the department's total budget of $15,896,160. All items which were recommended were issues which were proposed to have very minimal impact on service level provided to the public. The Police Department's FY 1993 overtime budget is $803,890. The proposed reduction is $160,000 or 19%. The proposed overtime savings is generally recommended to come from a change from the current squad concept of staffing to a shift staffing concept. In general, the shift concept allows for better supervision and increased flexibility in staff deployment. The old squad concept staffed the same number of people per squad, whether the squad was working on a Monday night or a Saturday night. The shift concept allows the supervisors to schedule staffing that will more effectively match the calls for service. Under the direction of the new Police Chief, the Police Department has been re-evaluating its general staffing policy. The department will respond directly to Council providing a detailed report highlighting recommended changes to current police practices. Since the department has not yet changed to the new shift concept, any proposed overtime savings are really just an estimate. The initial estimation, however, of saving up to $160,000 is realistic in light of a combination of re- evaluated overtime usage, the new shift concept and use of out-of- class assignments. The recommendation of the $160,000 reduction in overtime was proposed clearly with the expectation that it would not have any impact on service levels provided to the public. Since the $160,000 is an estimate, it is our recommended that these funds be encumbered and frozen. This concept will allow the funding to remain available should the department need to access any of it prior to the end of the fiscal year. Budget staff will, along with Police Department staff, closely monitor the overtime usage and should the department expenditures exceed the unfrozen overtime budget of $643,890, Administration will authorize transfer of those funds needed to cover actual expenditures. If, however, the department's expenditure level can be maintained at the $643,890 level, this $160,000 will be released at the end of the fiscal year and returned to fund balance to assist in helping the City fund FY 93/94's General Fund. Library Lendina Materials Budaet The proposed cut list recommended a cut of $60,749 from the Library's $3,323,800 budget. This represents a 1.8% reduction. Included in the proposed cuts was a cut of $25,623 in books, reference books and audio visual materials. This cut represented 2 1~-c2 Item Meeting Date II? 11/10/92 a reduction of 1,543 new library books, cassettes or C.D.'s from the Library's $419,910 budget, or a 6.1% cut. The impact of not acquiring the 1,543 items will affect the public in terms of these newer materials not being available for circulation. The actual reduction by type of material is 3.9% from the reference book budget, 5.8% from the circulating books and 20% from audio materials. While this cut is not desirable, the Library will still have a lending materials budget of $394,277. On the other hand, this is more than offset by 8,000 books we will be buying for EastLake out of non general fund revenue totaling $164,290. This should mitigate the loss of funds for the main lending materials budget. Recommendation: Reduce the lending materials budget by $25,623. Recreation Center Closures The Park & Recreation budget was recommended to be reduced by $34,261 from their $4,665,673 budget, or a .7% reduction which is the lowest percentage reduction of any department. The initial cut list included a reduction of $826 from Lorna Verde Recreation Center to close the center from 5:00-7:00 p.m. on Fridays, which is considered a low-use time. A similar cut was recommended for Lauderbach Center. The department had initially believed this was a very low use time, however upon re-examination they have determined that the activities conducted at the community centers on Friday nights include several special interest classes and drop- in activities. At Lorna Verde Center the activities generally include: activity hour - 15 participants game room activities - 18 to 25 participants aerobics - 55 participants karate - 15 participants ballet - 10 participants At Lauderbach Community Center the activities include: activity hour - 15 participants tap dancing - 15 participants FH Latchkey - 10 participants At this time, the department is recommending that both centers remain open between 5:00 - 7:00 p.m., and it is recommended that these cuts not be reinstated. Recommendation: Continue to maintain the Lorna Verde and Lauderbach recreation center hours on Fridays from 5:00 to 7:00 p.m. 3 1~~3 Item Meeting Date /~ 11/10/92 Graffiti Supplies The Public Works budget was recommended to be cut by $66,520 from their $11,532,420 budget. The Public Works budget, however, is supported in large part by non-General Fund sources, and therefore it was recommended that their percentage of cuts be compared only to the General Fund portion of their budget which is $5,776,972. The Public Works/Operations Division had recommended a $1,000 reduction in their graffiti supplies for private residences from $6,000 to $5,000. During FY 91/92, which was the first year of the graffiti program, $16,000 was budgeted in this account and we only spent $3,500. Our experience has been that we have been able to get free paint from APTEC and have received many donations from paint companies. The department believes that the use of this recycled and donated paint will continue and are very comfortable in recommending the reduction in the total budget to $5,000. Recommendation: Recommend additional cut of $1,000 from the graffiti supplies private residences account. City Attorney Voluntary Work Week Reduction Savinqs The Attorney's budget was recommended to be reduced by $21,357 or 3% from their budget of $707,220. During Council's review you requested that the $18,020 included as salary and benefit savings as a result of a voluntary 20% work week reduction by one of the Attorneys be removed from the cut list. Council asked that staff look at the whole picture of staffing needs within the Attorney's office and come back with a recommendation. The Attorney will be preparing a response to Council on this issue independently (See Attachment A). pendinq License Land Surveyor The Licensed Land Surveyor position was originally recommended to be approved by Council to reduce the City's dependence on the use of outside survey contractors. The proposed addition of this position is in agreement with the City Council policy of hiring staff to perform work "in-house" rather than using outside consultants or contractors. The FY 92/93 CIP budget contains many projects requiring survey work. The choice is between either adding additional survey staff to accommodate the City's survey needs and the CIP project workload or to contract out for these services. Adding the Licensed Land Surveyor position will permit 4 /~ -( Item Meeting Date I;, 11/10/92 the City the flexibility to field either two-person, three-person or four-person survey crews depending on the needs of the job. As a rule, the historical cost of survey work represents approximately 3~% of total construction costs (2% for field data surveying and 1~% for construction surveying). The projects which are currently pending survey work which must be completed prior to Engineering Design are: Otay Valley Road Street Widening Interim Phase II Orange Avenue and 4th Avenue (new Library) East H Street and Hilltop Drive Dual Left Turn Lane E Street Cross Gutter Removal Broadway - I to L Palm Canyon Basin Parallel Sewer Central Drainage Basin Storm Drain West of Broadway Rohr Park Improvements Phase II Otay Town Area Phase II Elm Avenue - Cypress to Madrona Once one of these projects is designed and bid, a survey crew must stake the jobs prior to construction. During the past twelve months, the City has awarded twelve CIP projects in which we are paying $121,500 from CIP funds from the construction survey work. With the addition of a Licensed Land Surveyor, it is expected that most all design survey work can be completed by City staff, however, the majority of construction staking will still have to be contracted out. In completing an actual cost comparison between the cost of bringing on a City Land Surveyor versus contracting out for a licensed land surveyor, the total cost of a City Land Surveyor would be $108,083 as compared to $142,428 for a contract land surveyor. Also, these are costs to CIP projects (non general fund). While there will be a one-time purchase of a survey truck and equipment at a cost of $70,330, the net general fund first year cost will be $30,487. However, at the end of two years, there will be a positive cash flow to the General Fund. It is estimated that this position will produce $39,843 in revenue per year to the General Fund after year one. Based on a true cost comparison, the hiring of the internal Licensed Land Surveyor position will have a positive impact (after the first year) on the General Fund as well as a smaller cost being charged to CIP projects for this service. Reconnnendation: position. Approval of filling the Licensed Land Surveyor 5 J/,J Item Meeting Date J) 11/10/92 Citv Council Budaet for FY 92/93 To determine the recommended cuts which amended the FY 92/93 budget on September 8, 1992, each department was requested to prepare a cut list equal to 2% of their General Fund budget. No potential cuts for the City Council Budget were recommended at that meeting and Council requested that their budget be reviewed and potential cuts be recommended. The guidelines used in determining department cuts were to focus on operating account cuts which would have minimal or no impact on service level to the public as a first priority. If there were not sufficient funds in these accounts to meet the 2% level, the department was next to look at operating account cuts which may have some impact on staff and/or the public. Budget staff has reviewed the City Council budget of $318,520 and identified possible cuts of $6,435 or 2.02%, if the Council desires to make such cuts. The types of cuts reviewed in this budget are similar to the types of cuts which have been presented and taken from other departments citywide. The possible cuts are as follows: Title Budgeted Amount Cut Description Hourly Wages 1,500 700 reduce amount of vacation and sick leave coverage Medicare 2,070 10 reduction Contribution corresponding City to hourly wage cut Travel 14,640 3,000 reduce Conferences allowance for and Meetings miscellaneous and/or League Committee Travel 6 /b-t, Item Meeting Date 1(, 11/10/92 Promotional 15,540 2,000 meets initial Expenses funding request of $13,540 Computer 750 375 reduce Equipment funding of Maintenance contingency maintenance by 50% Other 150 150 eliminate Commodities software upgrades Books, 400 200 reduces Publications miscellaneous and Maps books and subscriptions TOTAL CUT $6,435 While these suggested cuts are one way to accomplish a 2% reduction, you may have other ideas. See Attachment B for the details of the City Council budget since you may want to develop your own budget reduction scenario. Recommended Title Chanqe During the budget review process the position of Assistant Director of Management and Information Services was reevaluated and a job title change was recommended to Special Projects Manager. This recommended change was erroneously left out of the final budget document and it is recommended that this title change be approved. The new title is recommended since it more accurately describes the functions of this position after the restructuring and retitling of this department during the prior fiscal year. This change will have no fiscal impact and will not change the current salary, benefit levels or duties of this position. Hirinq Freeze Update Since the elimination of the hiring freeze staff has been moving forward on filling vacant positions. Based on a recommendation from the Cultural Arts Commission, we will embark on filling the 7 /~- ? Item Meeting Date I" 11/10/92 new part-time Cultural Arts Coordinator position, which is funded mainly by non general fund monies, unless otherwise directed. FISCAL IMPACT: The original approved Fiscal Year 1992-93 budget was $52,695,428. The general fund cuts approved on September 8, 1992 of $751,505 (Excludes NIC) brought the new general fund total to $51,943,923. The additional cuts recommended and the outstanding issues are listed in the chart below for your convenience. SUMMARY OF RECOMMENDATIONS Issue Recommendation Issue Cost Impact on General Fund Police Overtime Freeze 160,000 0 Library Materials Cut 25,623 25,623 Recreation Center No Change 1,652 0 Closures Graffiti Supplies Cut 1,000 1,000 City Attorney Salary No 18,020 ? Savings recommendation Licensed Land Approval to 108,083 30,487 Surveyor Fill Position City Council Budget No ? ? recommendation Title Change - Recommend 0 0 Special Projects Mgr Total 314,378 57,110 wp51\report.bud 8 It,~~ ATTACHMENT A CITY COUNCIL AGENDA STATEMENT ITEM )/, MEETING DATE: 11/10/92 ITEM TITLE. Supplemental Report to Resolution Amending the Fiscal Year 1992-93 BUdgetn. ~ City Attorney t)"~/ SUBMITTED BY: 4/5ths Vote. Yes____No X This report is supplemental to the report arid resolution recommending the amendment of the Fiscal Year 1992-93 Budget to propose certain cuts. The primary report indicates that the City Attorney's office will be preparing a response to the Council on the issue of the entire staffing needs for the Attorney's office and to come back with a recommendation, The City Attorney's office was able to save $18,020 as a result of salary and benefit savings from a voluntary 20% work week reduction to accommodate the private family life of one of the Assistant City Attorneys. The City Attorney's office urges that this should not be interpreted as a need for less staffing, especially in a time when the work demands on the City Attorney's office exceeds the person-hours available to meet those needs, as has been demonstrated by previous agenda reports requesting additional staffing positions. 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'" ..... ..... ..... 000 I~ -L// RESOLUTION NO. lIP ~8"7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1992-93 BUDGET WHEREAS, at the September 8, 1992 City Council meeting, Council approved a recommendation to implement city-wide cuts of $755,505; and, WHEREAS, during a review of a proposed cut list, Council identified the following issues to be removed from the list and be referred back to staff for more information and a recommendation, which issues are as follows: Reducing Police overtime Library book budget Recreation center closures Graffiti supplies budget Attorney voluntary work reduction $160,000 25,623 1,652 1,000 18,020 WHEREAS, staff has now evaluated the above as well as the Land Surveyor position and the city Council budget, and makes the following recommendations: · Reducing Police overtime - $160,000 be encumbered and frozen which will allow the funding to remain available should the department need to access any of it prior to the end of the fiscal year. · Library book budget - Reduce by $25,623. · Recreation center closures - Continue to maintain the Loma Verde and Lauderbach Recreation Center hours on Fridays from 5:00 to 7:00 p.m. · Graffiti supplies budget - Recommend cut of $1,000. . Attorney voluntary work reduction proposed reduction of $18,020. Reject the · Pending License Land Surveyor - Approve filling the Licensed Land Surveyor position. · City Council Budget - Implement the identified cuts of $6,435 from the Council budget. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby amend the FY 1992-93 Budget by $33,058 to include the following cuts: Library dget $25,623; Graffiti Supplies $1,000; and City Counc' udget 6,435. Presented by Dawn Herring, Budget Manager J~_ F:\home\attomey\report.bud /" Council Agenda Statement 17 Item:J8" Item Title: Meeting Date: November 10, 1992 . Ibi'Vr. ResolutIon No. approvmg the Recommended Plan for the expansion of the City Attorney's office, waive the competitive bidding requirement for acquisition of workstation fixtures, amend the budget to appropriate funds for same, and authorize the preparation of design specifications and request for bids, and the acquisition of furniture and furnishings, to implement same. Bruce M. Boogaard, City Attorney~ Submitted by: Agenda Classification: ( ) Consent (X ) Action Item ( ) Public Hearing ( ) Other: 4/5ths Vote: (X) Yes () No Due to the press of business in the City Attorney's office, the Council authorized a deputy city attorney position at the time of, and by way of, adoption of this year's budget. At the time, the issue of secretarial support for the new position was deferred until the approval of the Redevelopment Agency's budget, and it was understood that it would be necessary provide a place to house the attorney and secretarial positions selected to fill the new positions ("Housing Issue"). This report seeks Council approval of a plan to resolve the Housing Issue. Recommendation: Adopt the attached resolution approving the Recommended Plan for the expansion of the City Attorney's office in the manner presented herein, waive the competitive bidding requirement for acquisition of three replacement secretarial workstations and new furniture, amend the budget to appropriate funds for same, and authorize the preparation of design specifications and request for bids, and authorize the acquisition of furniture and furnishings, to implement same. Boards and Commissions Recommendation: officel. wp November 5, 1992 A1l3 re City Attorney Office Expansion Page 1 /7-1 None applicable. Discussion The Recommended Plan The Recommended Plan has the following steps: 1. Expand the City Attorney's office area in the manner shown on the attached Exhibit A which allows for 930 additional square feet, the creation of one new office and a file room in the City Attorney's area, and the slight expansion into the foyer area (easterly) of the office of Sidney Summers, Senior Management Assistant. Estimated cost: $93,000. (Estimate without carpet. Carpet included below.) 2. Recarpet the existing City Attorney's office and the newly constructed area. Cost: $7,000. 3. Replace the three existing independent secretarial workstations in the City Attorney's offices with three modularly designed, space efficient workstations distributed through Seal Furniture. These are similar to the one's currently used in the Parks, Public Works Operations (Yard). Locate the new secretarial workstations in the configuration shown on the attached Exhibit A. Cost: $15,940. Acquire additional filing cabinets. Cost: $5,950. 4. Furnish the new City Attorney's Office to include a desk, computer station/credenza, and conference table and chairs. Cost: $5,000. Total Cost of the Recommended Plan is $126,890, none of which has been budgeted. A budget amendment will be required and it is recommended that the required funds be taken from General Fund reserves. Alternative Plan. Another plan ("Alternative Plan") is available at a lower cost as follows: I. Convert the existing City Attorney Library/Conference Room to a new City Attorney Office. This will free up the existing city attorney office for the new deputy position. Cost: $9,000. 2. Recarpet the City Attorney's office. Cost: $5,000. 3. Replace the three existing independent secretarial workstations in the City officel. wp November 5, 1992 Al13 re City Attorney Office Expansion Page 2 17~ ,;;, Attorney's offices with the modularly designed, space efficient workstations distributed through Seal Furniture. Cost: $15,940. No new filing cabinets. 4. Furnish the reconverted Library/new City Attorney's Office to include a desk, computer station/credenza, and conference table and chairs. Cost: $5,000. The total cost of the Alternative Plan is estimated at $34,940. Consistency with the Civic Center Master Plan The Civic Center Master Plan for the City Hall Building proposes a single story expansion of the City Attorney's office in the configuration shown on the attached Exhibit B. The addition proposed by the Recommended Plan is within the footprint of such expansion and the northerly wall of the Recommended Plan is contiguous with the northerly wall of the expansion contemplated in the Civic Center Master Plan. Secretarial Workstation Relocation. Both plans accomplish the much needed relocation of the two existing secretarial work spaces, and the creation of a new station. The current problem is that there is a substantial amount of wasted space in the center of the secretarial area of the office, and foot traffic coming through the secretarial area for meetings in the Library tends to stage in front of the Legal Assistant's desk (the one at the doorway) crowding her in and restricting her free movement to the fax machine, printer, etc. The Recommended Plan proposes to have a third secretarial work station even though there are only two secretarial positions assigned to the City Attorney's office. We currently have three secretarial work stations, and this will maintain such status quo. We frequently have been offered free student, volunteer and paralegal help which we accept in order to alleviate the secretarial work load. Given the current growing workloads and the anticipated work to be generated by a new deputy position, we will be needing an additional secretarial position, and this third station will be able to house such a position. The third work station will permit a facility for volunteer or part-time assistance of either a secretarial or paralegal nature until consensus can be reached on a third secretarial position. Omission of the third work station will continue to leave a large amount of unutilized floor area in the foyer of the City Attorney's office. Pros and Cons of Recommended Plan. The primary disadvantage of the Recommended Plan is obviously its additional cost which is somewhat mitigated by the Alternative Plan. office!. wp November 5, 1992 A1l3 re City Attorney Office Expansion Page 3 /7-J Nevertheless, the City Attorney and the City Manager both urges your support for the Recommended Plan for the following reasons: 1. There will be No Loss of Library/Conference Room. We would be able to salvage the use of the existing Library/ Conference Room which provides much needed utility both to the City Attorney's Office and the entire staff as a meeting room. Many staff level meetings occur in Library on a daily basis which would be precluded by conversion to office space. The bulk of the book shelves would have to be removed for office space, leaving us without the needed research books. We would have to resort to the more expensive alternative of computer research to do the necessary and frequent research work assigned to our office. 2. Additional Space Availability Would Be Realized From Conducting Conference Meetings In City Attorney's Office. The Recommended Plan will result in even greater space availability because those meetings involving the City Attorney may be conducted in the new office space which, it is hoped, will be furnished with separate conferencing capability (including greaseboard). 3. It Provides Additional Filing Space. The attorneys need to have constant and quick access to a substantial amount of filed information. Currently, we have insufficient space which would not be remedied by the Alternative Plan. Loose files have to be maintained on spare desk space in the City Attorney's office because there is insufficient filing room. This makes for an inefficient use of space and inefficient access to filed materialY The Recommended Plan will provide for 50 linear feet of 5 level filing cabinets compared to our current 27 lineal feet which is practically full. 5. It will improve the productivity and quality of worklife in the City Attorney's Office. Why Use Seal Furniture as the sole provider of secretarial furniture? Seal is a distributor of Westinghouse's furniture, the type sought to be acquired by this resolution. Seal offers a discount of 65 % of the list price on this furniture. The City sought competitive bids on this type of office furniture within the last 5 months, and Seal's bid on this furniture, including their discount, was even below the refurbished office furniture bids that were submitted. It is a good quality of office furniture of the type currently used by the City (Public Works, Operations), and is offered at a very competitive I. Our Office was recently able to obtain used files which due to space limitations, were required to be placed in front of the foyer window substantially limiting light and view to the entry. They are already 95 % filled. office 1. wp November 5, 1992 A1l3 re City Attorney Office Expansion Page 4 /7-,/ price as determined by prior competitive bidding experience. Fiscal ImDact: The cost of implementing the Recommended Plan is $126,890 for which appropriation is sought from the unappropriated reserves of the General Fund to Account No. GG 141-600- 6001 and may be repaid over time with the Civic Center DIF. office!. wp November 5, 1992 AI13 re City Attorney Office Expansion Page 5 ) ')- ~ / 1'1-1. 241 )IK r c- o - 0 tD ,... ... 1 n OJ ~ . .., 1S'S' . ~ ~ x ~ " J ID (T C c.. J ID ~7' ~ offl"" ...... , , , , , , I 1 ib,..at""!:I , , , , , I ~.._-------------________________J 33' .,. offt'ce I( ~ CITY A TTOI2NEY' 5 AOOITION 930 5GI. FT. X $ 100 - $ 93000 Er Jll/hi II- .17'6" "ff1"" f:11111! .m.m . office- /7-7 ~ r I-> en m . i 1 ~ 1 ~ mayor" . . . . . . I I I I I I I I I I I P~O. 12 Chut. VIs,. Civic CM,,,, Mot. Plm Summ.ry of R~om..rHHHMtIon. . . . . . . . . . . . . . . .$ . . ... .... . . . . . ~ ':: ~ .. '" '"'U { ~ ~ ~ ~ Print Shop Mngt. Services 2,680 . . . . . . . . . . . . . . . . . . . . . ........... ............. . 23,000 SF o 10 20 40 .................... Additions are proposed for the Fig Avenue face of the City Hall and the south wing is removed. City Hall will contain executive functions for Mayor, Council and Management City Hall Bul/dlng Proposed Plan Chula Vista Civic Center 80 ~ ad Jl3 IT E )?-~ RESOLUTION NO. /to8"~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RECOMMENDED PLAN FOR THE EXPANSION OF THE CITY ATTORNEY'S OFFICE, WAIVE THE COMPETITIVE BIDDING REQUIREMENT FOR ACQUISITION OF WORKSTATION FIXTURES, AMEND THE BUDGET TO APPROPRIATE FUNDS FOR SAME, AND AUTHORIZE THE PREPARATION OF DESIGN SPECIFICATIONS AND REQUEST FOR BIDS, AND THE ACQUISITION OF FURNITURE AND FURNISHINGS, TO IMPLEMENT SAME WHEREAS, due to the press of business Attorney's office, the Council authorized a deputy position at the time of this year's budget; and in the city city attorney WHEREAS, at the time, the issue of secretarial support for the new position was deferred until the approval of the Redevelopment Agency's budget, and it was understood that it would be necessary provide a place to house the attorney and secretarial positions selected to fill the new positions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby approve the Recommended Plan for the Expansion of the City Attorney's office as shown in Exhibit A. BE IT FURTHER RESOLVED that the city Council does hereby waive the competitive bidding requirement for acquisition of three replacement secretarial workstations and new furniture. BE IT FURTHER RESOLVED that the City council does hereby amend the budget to appropriate $126,890 from the unappropriated reserves of the General Fund to Account No. GG 141-600-6001. BE IT FURTHER RESOLVED that the City Council does hereby authorize the preparation of design specifications and request for bids, and authorize the acquisition of furniture and furnishings, to implement same.. . Bruce M. Boogaard, by F:\home\aUomey\office2. wp /?~ 0;