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
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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.
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"92 OCT 29.: = :J i
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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)
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.!?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
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THIS PAGE BI.ANK
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~"c2
ORDINANCE NO. 2533
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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
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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:
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Octobcr 29. 1992
Tc1ea:rapb Canyon Sewer Basin DIP
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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.
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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
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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.
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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.
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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.
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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
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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.
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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).
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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
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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.
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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
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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)
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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.
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November 5, 1992
American Legion Lease, 1992-2002
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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
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November 5, 1992
American Legion Lease, 1992-2002
Page 6
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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.
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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.
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American Legion Lease, 1992-2002
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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
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American Legion Lease, 1992-2002
Page 9
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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
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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
,
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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)
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9-5""
Bayfront Redevelopment
City of Chula Vista
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DEPARTMENT OF THE ARM'
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
P.O. BOX 271 1
LOS ANGELES. CALIfORNIA 90053-2325
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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
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rict Engine('r
ect ManagemeJ.t
9--/
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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
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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
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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
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("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
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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
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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
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WP:LEGAL509
REV: 8/24/92
EXHIBIT "B"
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MT. MIGUEL ROAD
DEDIC^TED PER
M^P NO, 12917
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CHULA VISTA VACATION PLAT
RACT NO. 89-9
SALT CREEK I
UNIT NO. 4
MAP NO. 12917
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BE. vACATED
EXHIBIT "B"
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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
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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
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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
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Hartson
e
Medico! 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%
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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
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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
------
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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
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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.
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1:"., ' .HULJ. "'S
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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.,
-------- ----------.
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-?/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
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.-
/
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 '"
.,
.'.~ ~
,\ \ "'<
~
~
.~
'" \
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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.
In light of the fact that we are using a temporary employee position to
economically deal with the two Aptech lawsuits, one brought by us against the
County and the other brought by Aptech against the City, the City Attorney's
office recommends against the additional reduction created by the volunteer work
reduction.
F:\borne\altomcy\CArcport.bud
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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.
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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.
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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.
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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
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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
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