HomeMy WebLinkAboutAgenda Packet 1992/11/03
"I declare under penalty of perjury that 1 _
employed by the City of Chula Vista in the
Office of the City Clcrl\ an:! that I posted
this A:senJa/Nolice on the Bulletin Board at
Tuesday, November 3, 199~he Public sarv~s Build;n] and at City -Hall on
4:00 p.m. DATED. /;;;ci '5 -" SIGNED 6 ~ ~_ b
Regular MeetinS!: of the City of Chula Vis a ity Council
Council Chambers
Public Services Building
CAll. TO ORDER
1.
ROIJ. CAIJ.:
Councilmembers Horton ~ Malcolm ~ Moore _, Rindone ~ and Mayor
Nader _
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
August 26, 1992 (Joint Meeting of the City Council and Otay
Water District Board of Directors), October 20, 1992 and October
22, 1992.
4. SPECIAl. ORDERS OF THE DAY:
a. Presentation of Plaque and Video by EastLake Development Company Recognizing the City's
Participation in the EastLake South Bay Summer Games - The EastLake Development
Company is presenting a plaque to the Director of Parks and Recreation recognizing the
City's support and participation in the organization and implementation of the 1992
EastLake South Bay Summer Games. EastLake will also be showing a short (4.5 minute)
video related to the event at the Council meeting.
b. Proclaiming the Month of November 1992 as 'SPAY/NEUTER YOUR PET MONTH" - The
proclamation declaring the month of November 1992 as 'SPAY/NEUTER YOUR PET
MONTH' will be presented by Mayor Nader to William Will, Senior Animal Control Officer
of the City.
CONSENT CALENDAR
(Items 5 through 12)
The stoff recommendations regarding the fol/owing items listed under the Consent Cakndm will be enacted by the
Council by 0IIe motion without discussion unless a Councilmember, a member of the publil: or City staff requests
tJuu the item be pul/ed for discussion. If you wish to speak on one of these items, prease fill out a .&quJ!st to
Speak Form' availabk in the lobby and submit it to the City Ckrk prior to the meeting. (Complete the green form
to speak in favor of the staff reconunendation; compkte the pink form to speak in opposition to the stoff
recommendoJion.) Items pul/ed from the Consent Cakndm will be discussed after Board and Commission
Recommendations and Action Items. Items pulled by the publil: will be the first items of business.
5. WRITrEN COMMUNICATIONS:
a. Letter requesting the City support legislation that would allow tagging of beer kegs
throughout the County to reduce underage drinking - Linda L. Orvec, Executive Director,
ADAPT (The Alcohol and Drug Abuse Prevention Task Force Coalition, Inc.), 5384 Linda
Vista Rd., Ste. 304, San Diego, CA 92110.
Agenda
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November 3,1992
6. ORDINANCE 2533 ESTABUSHING TIlE TELEGRAPH CANYON SEWER DEVELOPMENT
IMPACf FEE TO PAY FOR PARALLEL SEWER IMPROVEMENTS AS A
CONDITION OF ISSUANCE OF BUILDING PERMITS FOR CONSTRUCJ10N
IN TIlE TELEGRAPH CANYON SEWER BASIN (first readinsr1 - 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 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. Staff recommends Council place the
ordinance on first reading. (Director of Public Works) Continued from the
meeting of 10/27/92.
7. RESOLUTION 16836 APPROVING AN EXfENSJON OF TIlE AGREEMENT WITH REMY AND
THOMAS FOR LEGAL CONSULTING SERVICES AND AUTIlORIZING TIlE
MAYOR TO EXEClTfE SAID AGREEMENT. Staff is requesting that Remy
& Thomas continue environmental legal review of the Otay Ranch
Environmental Impact Report and supporting documents. Staff
recommends approval of the resolution. (Deputy City Manager Krempl)
8. RESOLUTION 16856 AUTIlORIZING TIlE DESTRUCJ10N OF ClTYRECORDSAND DOCUMENTS
WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER
GOVERNMENT CODE SECJ10NS 34090 AND 81009 - Government Code
Section 34090 authorizes the destruction of City records which are over
two years old if those records are no longer required to be maintained.
Government Code Section 81009 authorizes the destruction of original
Statements of Economic Interests which are over seven years old after
termination from office. Other records being requested to be destroyed:
campaign statements for unsuccessful candidates for elected office five
years after failure to be elected; nomination papers for Council members
four years after termination from office and unsuccessful candidates; and,
unsuccessful applications for Port Commission and Council after two years.
Staff recommends approval of the resolution. (City Clerk)
9. RESOLUTION 16857 APPROVING TIlE 1991-92 GRANTEE PERFORMANCE REPORT FOR TIlE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND
AUTIlORIZING ITS SUBMISSION TO TIlE U.s. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT - The City annually submits a
Grantee Performance Report (GPR) to the U.S. Department of Housing and
Urban Development (HUD). The GPR provides detailed information on the
use of Community Development Block Grant (CDBG) funds including the
progress achieved and the status of funds. HUD reviews the GPR and
evaluates whether the City has carried out its activities in accordance with
the City's 1990-93 Community Development Plan and federal requirements.
Staff recommends this item be continued to 11/10/92. (Director of
Community Development)
Agenda
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November 3,1992
10. RESOLUTION 16858 FINDING TIiAT THE YOUTH COMMUNITY CENTER WILL BENEFIT THE
TOWN CENfRE II REDEVELOPMENT PROJECT AREA AND THE
IMMEDIATE NEIGHBORHOOD IN WHIGi TI-IE FACIU1Y AND TI-IE
PROJECT AREA IS LOCATED AND TIfAT NO OTI-IER REASONABLE
MEANS OF FUNDING WAS AVAILABLE TO THE COMMUNITY - In 1988,
the Redevelopment Agency approved a $1.8 million Capital Improvement
Project to finance the Chula Vista Youth Community Center located on the
northeast comer of "L" Street and 5th Avenue. When the Redevelopment
Agency approves financial participation in a redevelopment related public
project, certain findings must be made by Council. The required findings
were not made at the time, therefore, staff recommends Council make the
appropriate findings for auditing purposes. Staff recommends approval of
the resolution. (Director of Community Development)
11. RESOLUTION 16859 AUTHORIZING TEMPORARY STREET CLOSURES ON MONDAY,
DECEMBER 7, 1992, FOR TI-IE CHULA VISTA DOWNTOWN BUSINESS
ASSOCIATION TO CONDUCT TI-IE ANNUAL STARIJGHT YULE PARADE;
AND WAIVING OF FEES FOR CI1Y-PROVIDED SERVICES - The Chula Vista
Downtown Business Association is requesting permission to conduct the
annual Starlight Yule Parade on Third Avenue on Monday, 12/7/92. Staff
recommends approval of the resolution. (Director of Parks & Recreation)
12. RESOLUTION 16860 DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD
UTIUTIES ALONG ORANGE AVENUE FROM THIRD AVENUE TO FOURTIi
AVENUE AND SEmNG A PUBUC HEARING FOR THE FORMATION OF A
UTIU1Y UNDERGROUNDING DISTRICT ALONG SAID STREET SECIlON _
On 11/12/91, Council accepted a report on the City's Utility
Undergrounding Conversion Program and approved a revised list of utility
underground conversion projects. The subject section of Orange Avenue
was ranked as the 16th utility conversion project in the City's adopted
program. However, construction of the public library at the southeast
comer of Orange and Fourth Avenues significantly changes the ranking and
made the subject street section a top priority. On 10/22/92, an
Underground Utility Advisory Committee (UUAC) meeting was held to
consider the proposed boundary of an underground utility district for the
conversion of existing overhead utilities. The district's limits extend along
Orange Avenue between Third and Fourth Avenues. Staff recommends
approval of the resolution. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The fol/owing items have been advertised and/or posted as public hearings as required by law_ If you wish to speak
to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form
to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual
None submitted.
Agenda
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November 3,1992
ORAL COMMUNICATIONS
This is an opponuniJy for the general puh/k to address the ciJy Council on any subject matter wi/hin the Council's
jurisdiction drot is not an item 011 this agend4 (State law, however, generally prohibits the CiJy Council from
taking action 011 any issues not included 011 the posted agenda.) If you wish to address the Council 011 such a
subject, prease complete the yellow "Request to Speak Under Oral Comnwnit:.ations Form" availab/J! in the lDbby
and submit it to the CiJy Clerk prior to the meeting. 77wse who wish to speak, please give your nJl11U! and address
for record purposes and fal1aw up actimL Your time is limited to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the CiJy Council wi/I consider items whk:h hove been forwarded to them for consideration by one
of the CiJy's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to e/kit substantial discussions and tkliberations by the
Cowu:il, stoff, or members of the general publU:. The items will be considered individually by the Council and staff
recomm.endmions may in certain cases be presented in the alternative. 77wse who wish to speak, please fill out
a "Request to Spemc" form available in the lobby and submit it to the CiJy Clerk prior to the meeting. Pub/k
comments are limited to five minutes.
13. RESOLUTION 16861 APPROVING A LEASE AGREEMENT Willi TIlE CHULA VISTA AMERICAN
LEGION POST NUMBER 434 INC., AND AUlHORIZlNG TIlE MAYOR TO
EXECIITE SAME - The City 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. In 1986, Council changed the Legion's lease to a month-to-month in
order to work with the Legion to consider site and building improvements.
A two-year lease agreement was approved by Council on 2/27/90 and
expired in February 1992. Under consideration is a proposal for a new
lease agreement with the American Legion and the conditions agreed to by
the Legion. Staff recommends approval of the resolution. (Director of
Parks & Recreation)
ITEMS PULLED FROM TIlE CONSENT CALENDAR
This is the time the CiJy Council will discuss items whk:h have been removed from the Consent Colendnr. Agenda
items pulled at the request of the puh/k will be considered prior to those pulled by Cowu:iImembers. Pub/k
comments are limited to five minutes per individual
OTIlER BUSINESS
14. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
Agenda
-5-
November 3, 1992
15. MAYOR'S REPORT(S)
16. COUNCIL COMMENTS
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Pending litigation pursuant to Government Code Section 54856.9 - Aptech vs. City of Chula Vista.
The meeting will adjourn to (a closed session and thence to) a joint meeting of the City Council/County
Board of Supervisors on Wednesday, November 4, 1992 at 10:00 a.m. at the County Administration Center,
thence to a Special City Council Meeting, date and time to be announced, in the Council Conference Room
and thence to the Regular City Council Meeting on November 10, 1992 at 6:00 p.m. in the City Council
Chambers.
A Meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
COUNCIL AGENDA STATEMENT
Item 'fA
Meeting Date 11/3/92
SUBMITTED BY:
Presentation of Plaque and Video by EastLake Development
Company Recognizing the City's Participation in the EastLake South
Bay Summer Games.
Director of Parks and RecreatioQ..
City Manager ff
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(4/5ths Vote: Yes_NolO
ITEM TITLE:
REVIEWED BY:
The EastLake Development Company is presenting a plaque to the Director of Parks and Recreation
recognizing the City's support and participation in the organization and implementation of the 1992
EastLake South Bay Summer Games. EastLake will also be showing a short (4.5 minute) video
related to the event at the Council meeting.
RECOMMENDATION: That Council accept the plaque.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
Officials from the EastLake Development Company are presenting a plaque to the City
acknowledging the City's support and participation in the 1992 EastLake Summer Games, which took
place at Southwestern College on August 8, 1992. EastLake will also be showing a short video
(approximately 4.5 minutes in length) at the Council meeting, giving Council and the public a brief
look at this unique area-wide youth activity.
Parks and Recreation staff played a major role in the success of the Games, by working with
EastLake and various community and school organizations in the planning and implementation of the
games. The Parks and Recreation Department also conducted the Basketball portion of the program,
which involved some 270 area youth. Actual games began in early June, and culminated with final
championship competitions during the EastLake Games in August. The Parks and Recreation
Department anticipates being involved with the Games again next summer.
FISCAL IMPACT: None. The plaque is being provided by the EastLake Development Company.
wp\elplaque
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COUNCIL aGENDA STATBMBNT
XTEM
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MEETING DATE 11 / 03/92
ITEM TITLE: Proclamation - Proclaiming the Month of November 1992 as
"SPAY/NEUTER YOUR PET MONTH"
SUBMITTED BY: Mayor Tim Nad~
The proclamation declaring the month
YOUR PET MONTH" will be presented by
Senior Animal Control Officer of the
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(4/5TB8 VOTE: YES_ NO~
of November 1992 as "SPAY/NEUTER
Mayor Nader to William Will,
City of Chula Vista.
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PROCLAIMING THE MONTH OF NOVEMBER 1992 AS
"SPAY/NEUTER YOUR PET MONTH"
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, pet overpopulation is a problem which affects the entire community
on all leveis; and
WHEREAS, over half of the dogs and cats brought to animal control and
sheltering agencies are put to sleep each year because they are unwanted; and
WHEREAS, thirteen animal control and sheltering agencies in San Diego county,
including Chula Vista, recognized the need to take an active role in addressing the pet
overpopulation problem in our region by forming the San Diego county Chapter of the
Coalition For Pet Population control. The Coalition was founded in the greater Los
Angeles area as a beginning to a statewide commitment to minimize the pet
overpopulation problem in California; and
WHEREAS, the Coalition believes that spaying and neutering of animals would
greatly reduce the number of unwanted animals; and
WHEREAS, during November the coalition is initiating an ambitious work program
for our region to influence and help our community prevent unnecessary pet breeding by
encouraging citizens to spay and neuter their pets; and
WHEREAS, the coalition is establishing a special referral "Hot-Line" 294-PETS to
allow citizens to call for low-cost spay/neuter referrals:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California,
do hereby proclaim the month of November 1992 as "SPAY/NEUTER YOUR PET
MONTH" in the City of Chula Vista, California, and urge all citizens to support the
responsible pet ownership promoted by the San Diego county Chapter of The Coalition
For Pet Population Control and spay and neuter their animals.
spay
J/ b -~
October 29, 1992
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
Sid W. Morris, Assistant City Manager
~
~
City Council Meeting of November 3, 1992
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, November 3, 1992. Comments regarding the Written
Communications are as follows:
Sa. This is a letter from ADAPT (Alcohol and Drug Abuse Prevention Task Force
Coalition) requesting that the City support legislation that would allow
tagging of beer kegs throughout the County to reduce underage drinking.
Inasmuch as there is flQ proposed legislation at this time, IT IS
RECOMMENDED THAT COUNCIL DIRECT STAFF TO PREPARE A LETTER OF SUPPORT IN
CONCEPT OF SUCH A PROGRAM, PENDING SPECIF-rC LEGISLATION BEING PREPARED:-
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THE ALCOHOL & DRUG ABUSE PREVENTION TASK FORCE COALITION, INC.
The Honorable Tim Nader, Mayor
City of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
October 23, 1992
Dear Tim:
As you are aware, a recent study shows that youth in San Diego County
use alcohol at a higher rate than youth in the other 57 counties of the
state. To address this problem, ADAPT, (the Alcohol and Drug Abuse
Prevention Task Force) requests a resolution from the City of Chula
Vista supporting legislation that would allow tagging of beer kegs
throughout the county to reduce underage drinking.
Particularly troublesome to law enforcement are keg parties and
underage drinking. Currently, there is no way for law enforcement to
track the purchasers or sellers of beer kegs that are confiscated. Two
years ago, Greenfield, Massachusetts, successfully instituted a program
to tag beer kegs (see attached information)~. Chief of Police, David
McCarthy of Greenfield, related to ADAPT that illegal keg parties are
now nonexistent. Chief McCarthy, also said that legislation for
tagging beer kegs is now pending for the entire State of Massachusetts
(see memo). I11l3r .s~I4"'Ale~
PREVIOUS HISTORY IN STATE OF CALIFORNIA: Assemblymember Hauser
introduced beer keg registration January 18, 1991, (see attached
information). The bill died in the Assembly Committee on Governmental
Organization, chaired by Assemblymember Richard Floyd (see attached
Committee action). Naturally, the alcohol industry opposed the bill.
Unfortunately, only three supporters were listed for AB ~
~..,
ADAPT is scheduling a press conference November 13, 1:30 p.m. at
Juvenile Hall and would like to include in the press packets the City
of Chula Vista's support for legislation of a beer keg tagging program
to reduce underage drinking.
If you have any questions, please give me a call.
~L.0~
LINDA L. ORAVEC
Executive Director
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COltAMUNICA TRONS
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5384 Linda Vista Road. Suite 304 . San Diego. CA 92110 . (619) 688-7947
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C.~Uf'ORNI.\ LECI.:;I..\TURE-l99I_92 RECUL..R SESSION
ASSEN!BL Y BILL
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No. 268
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Introduced by Assembly Memb~r Hausut'::E~>", " '~<"
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January 18,1991 '" !J) " '. .
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An act to add Section 25659.5 to the Business and
Professions Code, and to amend.'Section 24385 of, and to add
Section 24386,5 to, the Health and Safety Code, relating to
alcoholic beverages,
LEG:SL\TIVE COUNSEL'S DrCEST
AB 263, as introduced, Hauser. Alcoholic beverages:
beverage containers: beer kegs: registration.
( Existing law requir~s that beer kegs clearly display a
specified warning. .A...."1y commercial establishment or I:'etail
distri.butor which \iolates that provision is subject to a civil
penalty not to exceed $,500.
( This bill \vould require, in addition, that every beer keg, as
defined, clearly display a registratiQn number, as specified. *'
The ex.isting Alcoholic Beverage Control Act provides that
a person may not sell, furnish, give or cause to be sold,
furnished, or given away, any alcoholic beverage to any
person lU1der the age of 21 years. It also provides that, irl' order
to prevent a violation of the prohibition on furnishing alcohol
to minors, a license~ may refuse to sell or serve alcoholic
. beverages to any person ~ho is unable to 'produce adequate
\" \vritten evidence that he or she is over the age of 21 years.
This 'bill would require under, the Alcoholic Be\:erage
Control Act that ever; person in ~his state who rents, leases,
or sell'> a beer keg to a consumer, as, defined, shall maintain
a re-cord of the reg:.stration ,aI).d Worina~S)1i identifying the
CC?rlStuner, ~ specified; !t. wocld,'P~l~,~t;a: licensee, or his o'r.
her agent or employee, m order to pr~y~.nt a ~&~tion of the
Co prohibition on furnishing akohol to minors,'to refuse to rent.
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AB 268
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lease, or' sell a beer keg to a consumer who is unable to (
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produce the specified information and identification. .,
Existing law provides that every person who violates any
provision of the Alcoholic Beverage Control Act, which does
not otherwise specify a penalty, is guilty of a misdemeanor
and shall be punished by a fine of not more than $1,000 or by
imprisonment in the county jail for not more. than 6 months, (
or both. .
This bill would impose a state-mandated local program
because any person \vho violates the requirement to maintain
a record of the beer keg registration \ltith respect to each
consumer \vould be guilty of a misdemeanor.
The California Co~stitution requires the state to reimburse
local ag~ncies and school districts for certain costs mandated
by the s~ate. Statutory provisions establish procedures for
making that reimbursement.
This\m would provide that no reimbursement is required
by this act for a specified reason. . ,
Vote: majority. Appropriation: no, Fiscal committee: yes.
State-mandated local program: yes.. (
The people of the State of Cal1fQrnia do enact as [01/011/$;
1 SECTIO:\ 1. Section 25659.5 is added to the Business
2 and Professions Code, to read: (
3 23659..5. (a) Every person in this state who rents,
4 leases, or sells a beer keg to a consumer shall maintain, for
.'5 a period of at least one year, a record of the beer keg
6 registration number required by Section 24386.5 of the
7 Health and Safety Code and the name, address, and
8 driver's license number of the consumer.' ,
9 (b) For the purpose of preventing the violation of
10 Section 25638, any licensee, or his "or her agent or I
11 employee, ma;.'refuse to rent, lease, or sell a beer keg to
12. a consumer who is unable to produce the informatIon and
13' identification required by subdivision (a). .
14 (c) For purposes of this 'section,. "consumer" means
15 an}' person whbis not a licensee.' ;;.... - . , , .
16' SEC. 2:" Sectior?- 24385 of the ?ealth and S:lfetyCode
17 is amended to rcaq.: . . ~. _j '.:-:':' " . ". '-
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AB 268
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1 24.385. As used)n th~ chapter, unless the context
2 requires otherVVise: '
3 (a) "Beer dispenslngequipment" means any machine,
4 too!, or implement used in the operation of dispensing
5 beer. , '
6 (b) "Beer keg" means a.ny receptacle or CQntainer for
7 use in connection with beer dispensing equipment which
8 holds or is capable of holding beer.
9 (c) "Commercial establishment" means a..,1)' owner or
10 operator of a busines.$ wrJch uses beer dispensing
11 equipment.
12 +*
13 (d) "Retail distributor" means any person engaged in
14 the manufacture, rental, lease, sale, or dish"ibution of beer
15 dispensi:.,g equipment Or beer kegs. ,
16 SEC 3. Section 24386.5 is added to the Health and
17 Safety Code, to read:
18 24386.5. Every beer keg ma..'1ufactured, rented,
19 leased, $old,. Or distribut.ed in this state shall clearly
20 display a registration number onqr securely attached to ""-{'
21 the be~r keg in a<:.~orsl~nce WittL:ayu~bcring_s:v.ste_m.. 7\
22 prescrioed oyt11-e Department of Alconogc_Beverage.
23 Cohtro[-- ----_._._____ _'__
24 ~ 1\Q reimbursement is required by this act
25 pursuant to Section 6 of Article XIII B of the California
26 Constitution because the only costs which may be
27 incurred by a. local agency or school district will be
28 incurred because. this . act creates a new crime or
29 infraction, changes the definition of a crime or infraction;
30 changes the penalty for a crime or infraction, or
31 eliminates a crime Or infraction. Notwithstanding Section
32 17580 of the Government Code, unless othe:wise
33 specified in this act, the provisions of this act shall become
34 operative on the same date that the act takes effect
35 pursuant to the Califorrua Constitution.
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THE AI.COHOl & DRt:C .\Bt:SE PREVE~TIO:'I TASK FURCE CO,\I.JTIU~. I~C.
ADAPT PRCP'JSE3: (1) Tag be reusable by retaile:::- 90 alcohol
indu=t:::-y has no a:::-gument about. prohibitive costs or anti-
bU3 ine.3.3 attitude; ( 2) Tag number identify ABC district. or
county and t~e license number of retailer; (3) The deposit
require~e~~ te hi6~ eno~gh to se=ve as an induC8me~t for t~e
purc.ta=e~ to r~~~=~ the keg with tag in place; a~d, (~) The
r~:..;tile= kee:; bock with date, name, addres3r dr':"Tle::-'s lic8:1ce
number, and ~~be= of tag.
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store owner said it would lead to selling more cases of beer, as opposed
to kegs. But we think it's a place to starr. Kegs are a cheap way
for a lot of people to get drunk fast." A keg contains 15.5 gallons
of beer, or about 165 12.ounce drinks.
Already David Guba, manager of Kappy's Liquor in Sudbury, a suburb
25 miles west of Boston, sees evidence that the plastic tags are proving
effec:ive. "So far we have had no kegs returned without the bands,
and the police haven't found any kids with kegs," Mr. Guba reports.
"It wodd be great if this were statewide, because you can go five
tow:-:s away and still buy kegs without banding."
Another success star; carnes from Wuliam Colleary, chief of police
in Southborough. p..i:er officers in nearby Shrewsbury raided a party
ar.d confiscated two kegs, police in both communities traced the kegs,
ar,e the man who bcught the beer for the minors was arrested. "Tnis
is an important program and it does work: Chief Colleary says.
McCarchy has already received inquiries from inrerested communities
in Cor.nec:icJt and New Hampshire. Hart"! has also received a request
for :r.for.nation from a tOI,\,11 in F:oriea.
~1/hen any,thing is new, you always face an uphill
barrIe. But the kids are here such a uery short
period. Let's save a few more lives.
"No one wants to see kies erinking and gecting behind the wheel
or a cor," Hart"! says. ''Tne package store Ol,\,l'.ers don't want to sell
liquor to them for obvious reasons, and the poiice don't want to see
t1-.at. So if you get their cooperation in helping to prevem it, the program
is ~ike;~.: to be a suc:ess."
^ ,. 'A r t., """ " ,fa ' "I
/"".CCS t~Lc,-artIlY, ""'..i:"'ie:i ai.:-.'t;"';lr:g IS new, you always ce an upnu
bar-::e. But the ki6 are here for such a '1e,; sho!"": period. Let's save
a few more lives."
We are indebted to Chrisdan Science Monirer staff reporter Marilyn
Garener for sharing the Massachusetts kesser experiment, but we
must confess just a bit of disappointment in the way the whole idea
got off the ground.
I}"lhy is it that such ideas have to originate with citizen groups?
Liquor industry and licensee groups frec;uer\t!y remind us that they
do not war'.! busir.ess from minors, and we wodd like to take them
at :heir word.
But it wouie sure !:Je easier to believe these statements if we could
see licer1sees '.vork~"g harder to polic~ themselves and brewers using
their vast resources to concentrate on kee;:ins the teenage alcoholic
be'Je~ge of choice out of the hands of underage kids.
38
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Psg' 2 A:'::::=i~ :eve~~~ C.:r.;::t I A;ril 2i, 1594
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4&(11- )
)l Rhode tsfand keg bill
A bill in Rhode Island that COI.:!c! su~jec: :;,ose who serve minors beer from ke;s to pe:jury
char~es has bc:~ held back for more ame:1dme:1CS.
Tne legislation by Re;:. En::n Kennedy would require purchasers to sig:-: a sworn statement
promising nc: :0 se:v:: mi::ors. Tne S::1[::::::::1: woul!:! be~;)me par: of a wa:::ing sticke: slapped
OntO :he kegs.
'Viola:ions wouI!:! C:l."'ry a minimu:n S500 fin: - a::d i'o:e::ti::Uy more if the person w::.-c
-Io.J.r......... v....;... .....;........, 7"""... ,~..,-;-- .J......1C. -.,':<...It ..,s;.... rcr-'olic. to ~"':~t"' ....:,a:t".s sine.
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0:::---$" ..,,:"':..'. ;....,v..O ".......l'lv s..'''' 1'.........'4;"!'. c~-k...Io.,.;r:-. S.-,{I"'A K"-n"'~v said.
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R~'-;'l~- ,IS" "'C..I" k..~ a 10'" a~" ...~ "10'''~'' .~ ~:.,--~ a d."os" to ~~s"r. ,I.. k~"s .,,_~
......:. .....~ .... ........ ........ -~l" .. .................... -........v \wq...s", -1"'.... ... ~ ... \.6.... "'0 ........
rc.:~:.::.
The: ::iil was :te!d in :.":~ Rouse Sp~:al ~gislation Comr:'j:te:. on orde:;; from House le3de:s.
so.-.,.-. -,...........-r".....C' .......,.T..4 ~- ""'r--"'''.''': aC"'''''I~..l;n'' to C~"';-""n DO~"ld r "I.~_
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----
Massachusetts k!g bill
CAP) - The ~:i.S52c!tu~tts l~!is!atu~ wiillikely pass a hi!! that would tore:: individuals
buyi~g k::gs to regist::' the:r names and aC.d:~= and pay a d~t whe::: they pick up their
br:w. a key 1egisll:or says,
"V.ie ~ v::'7 eotr.:::it::::i:o trying to get this bill through by the: end of the session," said Rep.
Mic!\a.el Walsh. House ch~r::'.an of the Gov::.-nment Regulations Comrnim:e.
Walsh's cor.-.mi!:e: held a h~~'!g en the bm that wouJd r::qu~ buy::."'S to pay a 5.50 deposit
be:'or:: Wcing a keg from a package scor:. It also would require the se!1e:- to keep a record of the
n=es and addresses of buyrn. The keg i~!! would be: egged with the name and address of
the purchaser.
The bill wou!d give cit'j anc :0"''1\ gov:::7:ir:g ooarCs the right to ac:ept or r::jec~ the law.
F':m ::1! Si,l.TE CAPfULS
DEPARTMENT OF POLICE
253 Main Screet . Gre~nfjeid . Massachusetts 01301
Phor.e 413.773.5411
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David F. McCarthy
CI'lIef
J-'\nna.t:'"{ 14, 1991
M~. Say:g Lltc~4n
St:'lstol County C~apte!:' of M.A.D.D.
P .0. Sex '!64
Fall Rive!:', ~~ 02722
Cea= M=. Litc~~an:
It is ver'{ g::~ci:1i::g t:: see that ou!:' pt:'::gram on "keg bandi::g" has
spt:'ead.ovet:' ~'e e~ti:e state. None of us alone can fight the illegal
use of kegs withcut joining forces. I urge all communities to
pet:'suade thei: liquot:' license authorities to make the banding of kegs
a pa:t of all li~~or licenses. That slight sac!:'ifice on the part of
the pu::::hase= and ~~e minL~al inconvenience. on the pa:t of the selle:
may save a c:::~~~itl f:om the hor:id headlines regardir.g ~'e loss of
yet anothe= ycu~g life involved in scme way wit~ abuse cf alc:::hcl or
scme ot::e: ille-;al su.::stance.
! plead wit~ all cities and towns. lat:';e or small. to assist us in
placing scme cent:ol in keg purchasing and use. !f keg parties are
not a conce:n of one c01!:llllnity then t.'1ey probably are the concern of
a neighboring town.
Cur program c.gan because of the untimely dea~'1 of a young girl who
had been at .uch an illegal gathering. The incident involved ~'1e
same four elements of such gatherings which result in "suffering~ in
scme fo~ mere often than not...an illegal keg party; a desolate
location; la~ enfore~~ent personnel intertene/investigate and kids
who panic in oder to set. away frem t.'1e scene. Cur priorities in
coping wit~ keg parties is first to step the party before it starts
and sp.condly to identify t.~e sponsor Ot:' g:oup initiating t.'1e
gatheri..:g.
We have worked wi:.'1in the school system to attempt to "hear" about
the pa:ty before it starts. If we are not successful we then make
every attempt to break u-p t.~e party In a verI noisy lllanner. Sneaking
abc:ut. we believ'!. will only add to t.':e panic. Scilla have sair! if we
!!lake it too ol:vicus t.':o1t we are .nreut. to t.~e loc:ation Salleene wUl
._------
~ .
tear the band off. This may be true in the case of the plastic
bands. We are ncw preparing to institute ~~e use of metal bands
which are cheaper and mucn JIIOre durable.
I will be mon t..'1an happy to assist you in any way I can. Please do
not hesitate to call me. I thank you for '[Cur support.
Respectfully,
h~~~
David McCarthy
c.:.~ief of Police
Greenfield Police Department
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DEPARTMENT OF POLICE
253 Main Screet - Greenfie!d - Massachusetts 01301
Phone 413-773-5411
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COUNCIL AGENDA STATEMENT
Item
~
Meeting Date 11/3/92
REVIEWED BY:
Ordinance .253] Establishing the Telegraph Canyon
Sewer Development Impact Fee to Pay for Improvements to the
Telegraph Canyon Sewer Basin
Director of Public wor~
City Managerfl'
(4/5ths Vote: Yes _ No XI
ITEM TITLE:
SUBMITTED 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:SBlA GENOA/SEWER. DRD
102892
b') /6-j.
ORDINANCE NO. 2533
AN ORDINANCE OF THE CITY OF CHULA 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
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 dwelling 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 Willdan Associates for preparation of said
Basin Plan, and,
WHEREAS, pursuant to said agreement, Willdan Associates have prepared said Basin
Plan which is contained and more fully 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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Telegraph Canyon Sewer Basin DIF
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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 be
mitigated by the financing and construction of certain sewer facilities identified in this ordinance,
and
WHEREAS, sewer improvements and a fee to be levied on new development in the
Telegraph Canyon Sewer Basin have been justified in the Basin Plan; and,
WHEREAS, developers of land within the City should be required to mitigate the burden
created by development through the construction or improvement of sewer facilities within the
boundaries of the development, the construction or improvement of sewer facilities outside the
boundaries of the development which are needed to provide service to the development in
accordance with the City standards and the payment of a fee to finance a development's portion
of the total cost of the public facilities, and
WHEREAS, all development within the City contributes to the cumulative burden on
various sewer facilities in direct relationship to the amount of population generated by the
development or the gross acreage of the commercial or industrial land in the development, and
WHEREAS, on September 22, 1992 the City Council passed Resolution No. 16819
setting a public hearing to approve the Telegraph Canyon Sewer Basin Plan and establish the
Telegraph Canyon Sewer Development Impact Fee, and
WHEREAS, on October 20, 1992 City Council held a duly noticed hearing at which oral
or written presentations could be made, and
WHEREAS, the City Council determined, based upon the evidence presented at the
hearing, including, but not limited to, the Basin Plan and the various reports and other
information received by the City Council in the course of its business, that imposition of the
sewer facilities development impact fee on all developments within the Telegraph Canyon Sewer
Basin east of Interstate 805 in the City of Chula Vista for which building permits have not yet
been issued is necessary in order to protect the public safety and welfare and to ensure effective
implementation of the City's General Plan, and
WHEREAS, the City Council has determined that the amount of the fee levied by this
ordinance does not exceed the estimated cost of providing the public facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES ORDAIN AS FOLLOWS:
Section I. Facilities.
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Telegraph Canyon Sewer Basin DIP
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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 attache<CExhibit ~ for the purposes of
convenience only, all of which facilities may be modified byme 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. ,l"/fJr S(JII~~E/J
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 shall 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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Telegraph Canyon Sewer Basin DIP
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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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Telegraph Canyon Sewer Basin DIP
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construction of public improvements within subdivisions or developments.
Offer.
Section 11. Mandatory Oversizing of Facility; Duty to Tender Reimbursement
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 Territory~/, 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 II or 12 above shall be conditioned on the developer complying with the terms and
I. 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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Telegraph Canyon Sew~r Basin DIP
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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:
(I) Detailed descriptions of the Work with the
preliminary cost estimate.
c. If the Council grants authorization, it shall be by written
agreement1! 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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Telegraph Canyon Sewer Basin DIP
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bids for work to be done.!' 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.
(11) 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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Telegraph Canyon Sewer Basin DIP
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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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Telegraph Canyon Sewer Basin DIP
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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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Telegraph Canyon Sewer Basin DIP
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Section 21. Effective Date.
adoption.11
This ordinance shall become effective sixty (60) days after its
d reading and
Presented by
John P. Lippitt
Director of Public Works
5. Source: Government Code Section 66017(a).
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October 29, 1992
Bruce M. Boogaar
City Attorney
t-j~
Telegraph Canyon Sewer Basin DIP
Page 10
COUNCIL AGENDA STATEMENT
Item Number
7
ITEM 1TfLE:
Meeting Date 11/03/92
Resolution 1"11'.3 ~APproving an Extension of the Agreement
Between the City of Chula Vista and Remy & Thomas and
Authorizing the Mayor to Execute Said Agreement
General Manage%ray Ranch Project
VIA:
SUBMflTED BY: Deputy City Manager Krempl
REVIEWED BY: City Manager ;.
(4/5ths Vote: Yes_No X )
The City of Chula Vista is the agency designated to approve consulting contracts for the
Otay Ranch. The work being requested of Remy & Thomas is to continue environmental
legal review of the Otay Ranch Environmental Impact Report (EIR) and supporting
documents. Remy & Thomas has, since November 19, 1991, provided legal assistance to the
City of Chula Vista and the County of San Diego in this area. The Agreement has been
reviewed by all parties and is acceptable to Remy & Thomas, the Baldwin Company and
the City. The County is supportive of the scope of services to be undertaken. This is the first
extension of that original contract executed in 1991.
RECOMMENDATION: Adopt a resolution approving the Agreement with Remy &
Thomas to review and provide legal input on the Otay Ranch EIR and supporting
documents and authorizing the Mayor to sign the attached Agreement.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: Remy & Thomas has provided legal support on this project since November
1991. They have been instrumental in assisting in the content and focus of the EIR, and they
are now providing assistance in review of that document including the Findings, Statement
of Overriding Considerations, Mitigation Monitoring Program and the Staff Report. It will
also be necessary from time to time to have Remy & Thomas meet with staff and coordinate
on Planning Commission, Board of Supervisors and City Council referrals dealing with legal
issues on the EIR. Remy & Thomas is involved since they can focus staff on this project in
a timely manner. Because of the size of the project and the amount of time involved, Remy
& Thomas can provide initial legal expertise to both the City and County. Because of this
unique project, an objective third party legal counsel has been invaluable in this process.
During 1990, Remy & Thomas invoiced the City of Chula Vista $7,380.85. During 1990, that
amount was $39,462.17. In 1992 (through October), that figure was $42,146.34.
FISCAL IMPACT: There will be no fiscal impact to the City of Chula Vista because the
Baldwin Company will be funding this scope-of-work.
Attachment
SR:\R&TA113b.ajl
7'/ /7-2,
Renewal of Agreement with
Remy and Thomas
for Legal Consulting Services
This Agreement is made this day of 1992 for the purposes of
reference only, and effective as of the date last executed between the parties, between the
City of Chula Vista ("City") herein, a municipal corporation of the State of California, and
Remy and Thomas, a professional law firm ("Consultant"), and is made with reference to the
following facts:
Recitals
Whereas, the City and County of San Diego desire to employ a law firm with
expertise and experience in reviewing environmental documents for compliance with the
guidelines and procedures of the California Environmental Quality Act (CEQA) in reference
to the Otay Ranch Project; and
Whereas, Consultant warrants and represents that they are experienced and staffed in
a manner such that they are and can prepare and deliver the services required of Consultant
to Agency within the time frames herein provided all in accordance with the terms and
conditions of this Agreement; and,
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
a. General Duties
i. Consultant shall review environmental documents prepared by the City or their
consultants consisting of a Program Environmental Impact Report for compliance with CEQA
and advise City/Otay Ranch Project Team staff as to necessary and relevant changes that may
be required; and,
ii. Consultant shall provide guidance to City staff as to the processing of all
supporting environmental documents to assure compliance with CEQA requirements such as
the Findings, Statement of Overriding Considerations and Mitigation Monitoring Program;
and,
111. Consultant shall provide legal advise to City staff to defend litigation predicated
upon alleged deficiencies in environmental documents or improper processing of said
documents.
I ?,3
(the duties of the Consultant as herein in this section contained may hereinafter be referred to
as "General Duties"); and, . . .
b. Scope of Work and Schedule
Work assignments under this Agreement will be issued on an as needed basis. The
schedule will be agreed upon at the time that the tasks are assigned.
c. Standard of Care
Consultant, in performing any Services under this Agreement, whether Defined
Services or Additional Services, shall be performed in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions and in similar locations.
d. Insurance
Consultant represents that it and its agents, staff and consultants employed by it are
protected by worker's compensation insurance and the Consultant has the coverage under
public liability, property damage and errors and omissions insurance policies which this
Agreement requires to be demonstrated in the form of a certificate of insurance.
Consultant will provide, prior to the commencement of the services required under
this Agreement the following certificates of insurance to the Agency prior to beginning work:
Statutory Worker's Compensation coverage plus $1,000,000 Employers liability
coverage.
General and Automobile Liability coverage to $1,000,000 combined single limit, and
which is primary to any policy which the Agency may otherwise carry ("primary coverage"),
and which treats the employees of the Agency in the same manner as members of the general
public ("cross-liability coverage").
All policies shall be issued by a carrier that has a Best's Rating of "A, Class V", or
better, or shall meet with the approval of the Agency's Risk Manager.
All policies shall provide that same may not be canceled without at least thirty (30)
days written notice to the Agency.
2. Duties of the City:
a. Consultation and Cooperation
City agrees to provide information, data, items, and materials as may be required by
Consultant in order to carry out Consultant's duties under this Agreement.
b. Compensation
2 7-1
i. The City hereby agrees to pay an hourly fee of $195.00 per hour to attorneys
Michael H. Remy, Tina A. Thomas, and J. William Yeates, and James G. Moose and an
hourly fee of $150.00 per hour to attorney Elizabeth O'Brien. Services of Staff Planner,
Georganne Foondos, will be billed at the hourly rate of $75.00 per hour. Time for research
done by a law clerk or paralegal will be billed at an hourly rate of $50.00 per hour. Time of
attorneys for travel shall not be billed to City unless same is also actively spent in the
rendition of legal services.
ii. In addition to the above attorney fees, City hereby agrees to pay to the attorneys
all applicable costs, such as: filing fees, copying costs at $0.25 (.25 cents) per copy,
mileage costs at $0.35 (.35 cents) per mile; printing costs by a professional printer, as
charged, long distance phone charges, as charged; postage charges, as charged;
reimbursement for lodging and meal expenses in instances requiring out of county travel,
including but not limited to any costs involving common carriers (e.g., airplane), and any
other agreed upon costs or expenses related to this matter.
iii. Consultant shall not incur costs or billings which, in total, exceed Twenty
Thousand Dollars ($20,000.00) without further written approval of the City.
iv. It is understood that the City has established the Otay Ranch Trust Fund to
account for and pay all expenses from deposits made by the project proponent, Baldwin
Vista, Ltd. If there is a default of the proponent, compensation for the services performed
shall be paid only from deposited monies and from no other asset or resource of the City, a
special obligation which is not a burden upon, or appropriation from, the General Fund of
the City.
c. Additional Scope of Work,
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the General Duties and Scope
of Work ("Additional Services"), and upon doing so in writing, Consultant shall perform
same on a time and materials basis at the rates set forth in Section 2b. All compensation for
Additional Services shall be paid monthly as billed.
3. Administration of Contract
The City hereby designates the Otay Manager, or his designee, as its representative
for the coordination and administration of the work performed by Consultant herein required.
Copy of all correspondence will be provided to the City Attorney, and important legal
decisions or conclusions will be reviewed with the City Attorney.
4. Term
Consultant shall perform all of the Defined Services herein required of it as may be
required until the earlier of the billing of the cumulative total amount authorized under this
Agreement, or December 31, 1992.
3 ?-5
5. Financial Interests of Consultant
Consultant warrants and represents that neither she, nor her immediate family
members, nor her employees or agents ("Consultant Associates") presently have any interest,
directly or indirectly, whatsoever in property which would constitute a conflict of interest or
give the appearance of such conflict in relation to the projects identified in this Agreement.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates. Consultant promises to advise City of any such promise that may be
made during the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that neither Consultant nor her immediate family members, nor her
employees or agents, shall acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party which may be in conflict with Consultant's responsibilities under this
Agreement.
6. Hold Harmless
Consultant agrees to defend, indemnify, and hold harmless the City from and against
all liability, cost and expense (including without limitation attorneys' fees) arising from loss
of or damage to any property whatsoever or injury to or death of any person whomsoever
caused or alleged to be caused or occasioned by the negligent act or omission of Consultant
or any agent or employee of Consultant arising out of or in connection with this Agreement
or the work to be performed by Consultant hereunder, except to the extent such liability, cost
or expense is caused by the negligence of the City.
7. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
his/her obligations under this Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this
Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination. In
that event, all finished or unfinished documents, data, studies, surveys, drawings, maps,
reports and other materials prepared by Consultant shall, at the option of the City, become
the property of the City, and Consultant shall be entitled to receive just and equitable
compensation for any work satisfactorily completed on such documents and other materials
up to the effective date of Notice of Termination, not to exceed the amounts payable
hereunder, and less any damages caused City by Consultant's breach.
8. Errors and Omissions
4 ?,?
In the event that the City Manager or his designee determines that the Consultant's
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors, omissions in the plans or contract specifications, Consultant and City
shall select a mutually acceptable arbitrator with legal and technical expertise in preparing
EIR's and in the application of CEQA to determine whether Agency shall be reimbursed for
the additional expenses incurred by the City including engineering, construction and/or
restoration expense. Nothing herein is intended to limit City's rights under other provisions
of this Agreement.
9. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason for giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at
least thirty (30) days before the effective date of such termination. In that event, all finished
and unfinished documents and other materials described hereinabove shall, at the option of
the City, become City's sole and exclusive property. If the Agreement is terminated by City
as provided in this paragraph, Consultant shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials to
the effective date of such termination. Consultant hereby expressly waives any and all claims
for damages or compensation arising under this Agreement except as set forth herein.
10. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign
any interest in this Agreement, and shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City which City may unreasonable
deny.
11. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the
sole and exclusive property of City. No such materials or properties produced in whole or in
part under this Agreement shall be subject to private use, copyrights or patent rights by
Consultant in the United States or in any other country without the express written consent of
Agency. City shall have unrestricted authority to publish, disclose as may be limited by the
provisions of the Public Records Act, distribute, and otherwise use, copyright or patent, in
whole or in part, any such reports, studies, data, statistics, forms or other materials or
properties produced under this Agreement.
12. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant'S
work Products). Consultant and any of the Consultant's agents, employees or representatives
5
?~7
are, for all purposes under this Agreement, an independent contractor and shall not be
deemed to be an employee of City, and none of them shall be entitled to any benefits to
which City employees are entitled including but not limited to, overtime, retirement benefits,
workers compensation benefits, injury leave or other leave benefits.
13. Responsible Charge
Consultant hereby designates that Tina A. Thomas shall be Consultant's representative
("Project Manager") to the project for the duration of the project. No substitution for this
position shall be allowed without written approval from the City.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this Agreement, against the
Agency unless a claim has first been presented in writing and filed with the Agency of the
City of Chula Vista and acted upon in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and such
policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with Agency for
the purpose of resolving any dispute over the terms of this Agreement.
15. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document as a result of the scope of work required of Consultant,
Consultant shall include, or cause the inclusion, in said report or document a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
16. Miscellaneous
a. Consultant not authorized to Represent City
Unless specifically authorized in writing by Agency, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
b. Notices
All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any
party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid, registered or
certified, with return receipt requested, at the addresses identified adjacent to the signatures
of the parties represented.
6
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c. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision hereof may
be amended, modified, waived or discharged except by an instrument in writing executed by
the party against which enforcement of such amendment, waiver or discharge is sought.
d. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that
it has legal authority and capacity and direction from its principal to enter into this
Agreement; that all resolutions or other actions have been taken so as to enable it to enter
into this Agreement.
e. Governing Law/Venue
This Agreement shall be governed by and construed in accordance with the laws of
the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of California,
and if applicable, the City of Chu1a Vista, or as close thereto as possible. Venue for this
Agreement, and performance hereunder, shall be the City of Chula Vista.
f. Attorney Fees.
Should a dispute result in litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense of that claim, including costs
and attorney fees.
[end of page. next page is signature page.]
7
7'~
Signature Page to
Agreement with Remy and Thomas
for Legal Consulting Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement this_
_ day of , 1992.
CITY OF CHULA VISTA
By:
Tim Nader
Mayor
Attest:
Beverly Authelet
City Clerk
Approved as to form:
Bruce M. Boogaard,
City Attorney
Remy and Thomas
By:
Tina A. Thomas
C:\AG\REMY &Thomas
8 ?-J~
RESOLUTION NO. //,73!,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN EXTENSION OF THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
REMY & THOMAS FOR LEGAL CONSULTING SERVICES
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the City of Chula vista is the agency designated
to approve consulting contracts for the Otay Ranch; and,
WHEREAS, the work being requested of Remy & Thomas is to
continue environmental legal review of the otay Ranch Environmental
Impact Report and supporting documents; and
WHEREAS, Remy & Thomas has,
provided legal assistance to the City of
of San Diego in this area; and,
since November 19, 1991,
Chula vista and the County
WHEREAS, the Agreement has been reviewed by all parties
and is acceptable to Remy & Thomas, the Baldwin Company and the
city and the County is supportive of the scope of services to be
undertaken.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve an extension of the
Agreement between the City of Chula vista and Remy & Thomas for
Legal Consulting Services for environmental review of the Otay
Ranch Environmental Impact Report, a copy of which is on file in
the office of the City Clerk.
George Krempl, Deputy City
Manager
the city of
execute said
ta.
BE IT FURTHER RESOLVED that
Chula vista is hereby authorized and
agreement for and on behalf of the cit
Presented by
ruce M.
Attorney
F:\home\attomey\R&T .ext
7-11
COUNCIL AGENDA SfATEMENT
/~~5i,
Item
Meeting Date III:J/~
~
SUBMITTED BY:
Resolution Authorizing the Destruction of City Records and
Documents which are no longer required as provided under
Government Code Sections 34090 and 81009
City Clerk ~
(4/Sth Vote: Yes_ No.lL
ITEM TIIl..E:
The City Clerk's Office is requesting the authorization to destroy records which are no
longer required to be maintained.
RECOMMENDATION: The City Council approve the Resolution authorizing the destruction
of Records as listed on Exhibit A.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Government Code Section 34090 authorizes the destruction of city records which are over
two years old without making a copy if those records are no longer required to be
maintained. Before destruction, however, written consent must be obtained from the City
Attorney and approval given by the City Council by Resolution.
Government Code Section 81009 authorizes the destruction of original Statements of
Economic Interests which are over seven years old after termination from office. Copies
of such statements are to be retained for a period of four years. The City Clerk maintains
the originals for staff and for those members of Boards and Commissions who are required
to file. The Fair Political Practices Commission maintains the originals for Council
members, Planning Commissioners, and City Manager.
According to the FPPC, Campaign Statements of Elected Officials must be kept by the City
Clerk, the filing officer, for an indefinite period of time. However, Campaign Statements
for unsuccessful candidates for elected office can be destroyed five years after failure to be
elected.
Other records being requested to destroy are:
'6"/
Page 2, Item
Meeting Date: November 3, 1992
g
. Nomination Papers for City Council members which can be destroyed four
years after termination from office. Unsuccessful candidates Nomination
Papers can be destroyed four years after the election.
. Applications for Port Commission and for a City Council vacancy.
Unsuccessful applicants' applications need to be kept only for two years.
FISCAL IMPACf: Not applicable.
Attachments:
Resolution
List of Records
g>';"
RESOLUTION NO.
/ tt'5(,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY
RECORDS AND DOCUMENTS WHICH ARE NO LONGER
REQUIRED AS PROVIDED UNDER GOVERNMENT CODE
SECTION 34090
WHEREAS, it has been determined that certain City records under the charge of the City Clerk are
no longer required for public or private purposes; and
WHEREAS, it has been determined that destruction of said materials is necessary to conserve storage
space and reduce staff time, expense, and confusion in handling and informing the public; and
WHEREAS, Section 34090 of the Government Code of the State of California authorizes the head
of a City department to destroy city records and documents which are over two years old under his or her
charge, without making a copy thereof, after the same are no longer required, upon the approval of the City
Council by resolution and the written consent of the City Attorney; and
WHEREAS, pursuant to Government Code Section 81009, all original Statements of Economic
Interests must be retained by filing officers for a period of not less than seven years after termination from
office and all copies of said statements shall be retained for a period of not less than four years. The City
Clerk is designated as the filing officer for all Form 730s and thus shall retain all original Form 730s for a
period of seven years after the termination from office. The Fair Political Practices Commission is the filing
officer for all original Form 721s and thus the City Clerk only has copies of said documents which may be
destroyed four years after termination from office; and
WHEREAS, Fair Political Practices Commission requires that Campaign Statements of Elected
Officials be kept by the filing officer for an indefinite period of time, but Campaign Statements for
unsuccessful candidates for elected office can be destroyed five years after failure to be elected; and
WHEREAS, it is therefore desirable to destroy said records as listed in Exhibit "A" attached hereto
and made a part hereof; and
WHEREAS, said records have been approved for destruction by the City Attorney.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does resolve as
follows:
SECTION 1: That approval and authorization is hereby given to destroy those records described in
Exhibit "A: attached hereto and made a part hereof.
SECTION 2: That the City Clerk is authorized to allow examination by and donation to the
Department of Special Collections of the University Research Library, University of California, or other
historical society any of the records described in Exhibit" A" attached hereto, except those deemed to be
confidential.
SECTION 3: That the City Clerk shall certify to the adoption of the resolution, and thenceforth and
thereafter the same shall be in full force and effect.
-.
8".3
1~1.{~
Resolution No. *****
Page 2
Presented by:
Beverly A Authe1et, City Clerk
"1
J
PASSED, APPROVED, and ADOPTED this ** day of. .
Bruce M. Boogaard, City Attor
AYES: Councilmember
NOES:
ABSENT:
ABSTAIN:
, 1992 by th
ATTEST:
Tim Nader, Mayor
Beverly A Authelet, City Clerk
~"1
Resolution );,r.u
No. *****
Page 3
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item L
Meeting Date 11/03/92
RESOLUTION /J~57 Approving the resolution accepting the 1991-
92 Grantee Performance Report and authorizing its submittal to the U.S.
Department of Housing and Urban Development
SUBMITTED BY:
Community Development Director
City Managetj
{. .~ ~
REVIEWED BY:
(4/5ths Vote: Yes
No X)
RECOMMENDATION: That this item be continued to the Council Meeting of November
10, 1992.
9--/
Tuesday, November 3, 1992
4:00 p.m.
Council Chambers
Public Services Building
9. RESOLUTION 16857 APPROVING TIffi 1991-92 GRANTEE PERFORMANCE REPORT FOR TIffi
COMMUNl1Y DEVELOPMENT BLOCK GRANT PROGRAM AND
AUTIlORIZING ITS SUBMISSION TO TIffi U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT -
Staff recommends this item be continued.
'1- 2-
COUNCIL AGENDA STATEMENT
ITEM TITLE:
/68"5("
Resolution Finding that the Youth Community Center will benefit
the Town Centre II Redevelopment Project Area and the immediate
neighborhood in which the facility and the project area is located and that
no other reasonable means of funding was available to the community
Item / tJ
Meeting Date 11/3/92
SUBMITTED BY:
Community Development Director
(/7'
REVIEWED BY: City Manage@.
(4/5ths Vote: Yes
No X)
BACKGROUND:
In 1988 the Redevelopment Agency approved a $1.8 million Capital Improvement Project to
finance the Chula Vista Youth Community Center located on the northeast corner of "L" Street
and 5th Avenue. When the Redevelopment Agency approves financial participation in a
redevelopment related public project, routinely. certain findings must be made by the Legislative
body (City Council) for auditing purposes. The required findings were not made in the case of
the Youth Center, therefore, staff recommends that the Council now make the appropriate
findings for auditing purposes.
RECOMMENDATION:
That the City Council adopt a resolution finding that the Youth Community Center will benefit
the central Chula Vista community and that no City funds or other reasonable means of financing
the project was available to the community.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In accordance with Article 11. Property Disposition, Rehabilitation and Development, Section
33445 of the California Community Redevelopment Law, an Agency may, with the consent of
the legislative body, pay all or part of the value of the land for and the cost of the installation
and construction of any building, facility, structure, or other improvement which is publicly
owned either within or without the project area, if the legislative body determines both of the
following:
1) That the buildings, facilities, structures, or other improvements are of benefit to the
project area or the immediate neighborhood in which the project is located, regardless of
whether the improvement is within another project area, or in the case of a project area in which
substantially all of the land is publicly owned, that the improvement is of benefit to an adjacent
project area of the Agency.
I~-I
Page 2, Item %;
Meeting Date JI ~
2) That no other reasonable means of financing such buildings, facilities, structures, or
other improvements, are available to the community.
Since the Agency's action to fund the construction of the Youth Community Center is in
compliance with Article 11, it is recommended that the Council adopt the following findings:
FINDINGS
1. The Chula Vista Youth Community Center facility, located on publicly owned land,
is of benefit to the Town Centre II Redevelopment Project Area in which the facility and the
proj ect area is located.
2. No City funds or other reasonable means of financing the Youth Community Center
facility were available to the Community.
FISCAL IMPACT:
Staffs recommendation involves a routine administrative action for auditing purposes and
does not involve a financial transaction.
(pam/Disk#7/a:.findgyc)
I~'')''
RESOLUTION
1d,'8"5r'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
FINDING THAT THE YOUTH COMMUNITY CENTER WILL BENEFIT THE
TOWN CENTRE II REDEVELOPMENT PROJECT AREA AND THE
IMMEDIATE NEIGHBORHOOD IN WHICH THE FACILITY AND THE
PROJECT AREA IS LOCATED AND THAT NO OTHER REASONABLE
MEANS OF FUNDING WAS AVAILABLE TO THE COMMUNITY
THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
resolve as follows:
WHEREAS, the redevelopment of the Town Center II Shopping Center displaced
a youth recreational center; and
WHEREAS, the Redevelopment Agency committed to the reconstruction of a
youth recreation facility to serve and to benefit the central Chula Vista community needs that
were displaced by the Town Center II redevelopment efforts; and
WHEREAS, the Sweetwater Union High School District agreed to allow the
youth facility to be constructed on School District owned property; and
WHEREAS, Homart Development contributed financially toward the replacement
of the youth recreational facility; and
WHEREAS, no City funds or other reasonable source of construction funds were
available for the balance of the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista finds:
1. The Chula Vista Youth Community Center facility, located on publicly owned
land, is of benefit to the Town Centre II Redevelopment Project Area and to the immediate
neighborhood in which the facility and the project area is located.
2. No City funds or other reasonable means of financing the Youth Community
Center facility were available to the community.
Presented by:
&~~~
Chris Salomone, Executive Secretary and
Community Development Director
111- 3
COUNCIL AGENDA STATEMENT
11,1'5',
Resolution authorizing temporary street closures on Monday December 7,
1992, for the Chula Vista Downtown Business Association to conduct the annual
Starlight Yule Parade; and waiving of ~ for City-provided services.
SUBMITTED BY: Director of Parks & Recreatio~
Item / I
Meeting Date 11/3/92
ITEM:
REVIEWED BY:
City Manager r;::r
(4/5ths Vote:_No.1D
The Chula Vista Downtown Business Association is requesting permission to conduct the annual
Starlight Yule Parade on Third Avenue on Monday, December 7, 1992.
RECOMMENDATION: That Council approve the resolution, subject to staff conditions.
BOARDS/COMMISSIONS RECOMMENDATION:
Not applicable
DISCUSSION: The Chula Vista Downtown Business Association (DBA) is requesting permission
to conduct the 30th annual Starlight Yule Parade on Monday, December 7, 1992. The parade has
been successfully conducted on Sunday evening for the past three years. Prior to that time, it was
conducted on Monday evenings. The DBA is requesting a change back to the Monday night schedule
for this year's event based on the inability of the Sweetwater Union Righ School District to provide
transportation for the marching bands on Sunday. The DBA is confident that the change in parade
day will not seriously affect the number of participants or spectators. The DBA is anticipating
approximately 100 participating units in the parade, which will include marching bands, miscellaneous
marching units, floats, and other vehicles. There will be no equestrian units included in the parade.
The Transit Division has noted that the change from Sunday evening to Monday evening will have
some negative impacts on their service. The closure of "R" Street and "E" Street will affect seven
of the ten routes that are running on the day of the event. Some of these routes will be detoured
during the event, and staff is evaluating the feasibility of escorting certain busses through the key
intersections with guidance and assistance from the Police Department. This was carried out
successfully several years ago at the intersection of "R" and Third. San Diego Transit will also be
required to detour a single route that normally operates along Third Avenue in the parade area.
The parade route will be along Third Avenue, between "R" Street and "E" Street. A diagram of the
area is attached (Attachment A). This is the same route that has been used for a number of years.
Third Avenue will be closed between "I" Street and "D" Street, to allow for the staging and
subsequent dispersal of the participating units. The DBA has sent a notice to all businesses and
residences affected by the street closure stating the date and time of Council's consideration of
approval for the event.
The parade is scheduled to begin at 6:30 PM. Staging for the parade will take place in the County
Regional Center parking lots, and on Third Avenue between "I" Street and "R" Street. Second and
Fourth Avenue will remain open to traffic at all times during the event. The DBA is requesting the
//-/
following (this request for services and supplies is similar to prior parade requests from the DBA):
1. Waiver of all fees for City services provided for the parade. The amount to be waived will
be approximately $4,700.
2. Permission to close Third Avenue between "I" Street and "D" Street, and to close all east-west
streets intersecting Third Avenue between "I" and "D". "H" and "E" Streets will be closed
between Second and Fourth to allow for parade staging and dispersal. Closures would take
place on some streets at approximately 4:30 PM, with all streets closed by 6:15 PM. Streets
will re-open as soon as possible following the event.
3. Permission to post "No Parking" signs on Third Avenue along the parade route. No Parking
will be in effect from 5:30 - 10:00 PM.
4. Police services for crowd and traffic control from 4:30 PM to approximately 9:00 PM. (Police
Department cost estimate - $ 3,100.00).
5. Use of the City's portable stage, P A system, folding chairs and tables, and delivery, set-up, and
removal of this equipment (Parks and Recreation Department cost estimate - $ 250.00).
6. Use of Parks Division personnel to clean-up trash along the parade route. ( Parks and
Recreation Department cost estimate - $ 190.00)
7. Provision of street sweeping services immediately following the event. (Public Works cost
estimate for contractual street sweeping - $ 240.00)
8. Provision, delivery, and removal of barricades, traffic cones, and other required traffic control
equipment. (Public Works cost estimate - $ 920.00)
Staff has determined that the basic costs of City services (approx. $4,700) can be absorbed into
present budgets. However, the costs indicated do not include full cost recovery .
The event is exempt from CEQA requirements with a Class 23 exemption.
Approval should be subject to the DBA meeting the following conditions:
1. Provision of evidence of general liability insurance in the amount of $1 million, in the form
of a certificate of insurance and policy endorsement which names the City as additional
insured.
2. Execution of a standard Hold Harmless Agreement.
3. Notification to all residences and businesses along the parade route and along other streets
that will be closed to through traffic, of the date, time, and duration of the event.
4. Provision of an adequate number of portable toilets along the parade route.
5. Provision and posting of "No Parking" signs along the parade route. Posting must take place
at least twenty-four (24) hours in advance of the effective time.
1/ -c')
The Police Department, Risk Manager and Public Works Department concur with the conditions
outlined above.
FISCAL IMPAcr: A total of approximately $ 4,700 will have to be absorbed into the existing
operating budgets of the affected departments.
Attachment: A - Diagram of proposed event area
JJ- :1
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RESOLUTION NO.
I dJ ~f9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING TEMPORARY STREET
CLOSURES ON MONDAY, DECEMBER 7, 1992, FOR THE
CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION TO
CONDUCT THE ANNUAL STARLIGHT YULE PARADE; AND
WAIVING OF FEES FOR CITY-PROVIDED SERVICES
WHEREAS, the Chula Vista Downtown Business Association
(DBA) is requesting permission to conduct the 30th annual Starlight
Yule Parade on Monday, December 7, 1992; and,
WHEREAS, the parade route will be along Third Avenue,
between "H" Street and "E" Street and Third Avenue will be closed
between "I" street and "D" Street, to allow for the staging and
subsequent dispersal of the participating units; and,
WHEREAS, the Downtown Business Association has sent a
notice to all businesses and residences affected by the street
closure stating the date and time of Council's consideration of
approval for the event; and,
WHEREAS, the event is exempt from CEQA requirements with
a Class 23 exemption.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby authorize the temporary street
closure of Third Avenue between "I" Street and "D" Street, all
east-west streets intersecting Third Avenue between "I" and "D",
"H" and "E" Streets between Second and Fourth Avenue on Monday,
December 7, 1992 for the Chula vista Downtown Business Association
to conduct the annual Starlight Yule Parade subject to the
following conditions:
1. provision of evidence of general liability insurance in the
amount of $1 million, in the form of a certificate of
insurance and policy endorsement which names the City as
additional insured.
2. Execution of a standard Hold Harmless Agreement.
3. Notification to all residences and businesses along the parade
route and along other streets that will be closed to through
traffic, of the date, time, and duration of the event.
4. provision of an adequate number of portable toilets along the
parade route.
5. provision and posting of "No Parking" signs along the parade
1
,.-
I/-J;J
route. Posting must take place at least twenty-four (24)
hours in advance of the effective time.
BE IT FURTHER RESOLVED that fees in the amount of $4,700
are hereby waived for City-provided services.
Presented by
~~"
Bruce M. Booga
Attorney
form by
Jess Valenzuela, Director of
Parks and Recreation
, City.
F:\home\attomey\starlight
2
/ /,..- /,;
COUNCIL AGENDA STATEMENT
Item
/.;(
Meeting Date 11/3/92
ITEM TITLE: Resolution I" 'l/' ~t) Declaring City's intention to underground
overhead utilities along Orange Avenue from Third Avenue to Fourth
Avenue and setting a public hearing for the formation of a Utility
Undergrounding District along said street section
SUBMITTED BY: Director of Public worv
REVIEWED BY: City Manager & (4/5ths Vote: Yes_No.XJ
On November 12, 1991, the City Council approved Resolution No. 16415 accepting a
report on the City's Utility Undergrounding Conversion Program and approving a revised
list of utility underground conversion projects. The subject section of Orange Avenue was
ranked as the 16th utility conversion project in the City's adopted program. However,
proposed construction of the public library at the southeast corner of Orange and Fourth
Avenues significantly increased the points, thus moving the project up in said ranking and
made the subject street section top priority.
On October 22, 1992, an Underground Utility Advisory Committee (UUAC) meeting was
held at the site to consider the proposed boundary of an underground utility district for
the conversion of existing overhead utilities. The proposed boundary is shown on
attached Exhibit "A". The district's limits extend along Orange Avenue between Third
and Fourth Avenues.
RECOMMENDATION: That Council approve the resolution as stated in the item title
above.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Underground Utility Advisory Committee (UUAC) consisting of representatives of
SDG&E, Pacific Bell, Cox Cable TV, Chula Vista Cable and the City agreed to propose to
the City Council the formation of a utility undergrounding district for the conversion of
overhead utilities along Orange Avenue between Third and Fourth Avenues. The
proposed utility undergrounding district along Orange Avenue is about 1,500 feet long
running from Third Avenue west to Fourth Avenue (please see Exhibit A). The estimated
cost for undergrounding the utilities is $400,000. East of the proposed district,
undergrounding of overhead utilities has been completed. The Average Daily Traffic
(ADT) count on Orange Avenue between Third and Fourth Avenues is approximately
10,000.
Staff recommends the formation of this conversion district along this section of Orange
Avenue because:
Ic2 -)
Page 2, Item / i<
Meeting Date 11/3/92
1. Orange Avenue is a major east/west thoroughfare connecting 1-5 and 1-805 in the
southern portion of Chula Vista. The undergrounding of existing overhead utilities
will contribute to the creation of an aesthetically pleasing major street.
2. Orange Avenue is classified in the General Plan's Circulation Element as a four-lane
major street.
3. Undergrounding has been completed on Orange Avenue east of Third Avenue, thus
making the proposed district an extension of an undergrounded section.
4. The proposed construction of a public library at the southeast corner of Orange and
Fourth Avenues significantly increased the ranking of the subject street section in
the City's adopted utility conversion program, thus making it a top priority project.
Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to set a
public hearing to determine whether the public health, safety, and general welfare requires
the undergrounding of existing overhead utilities within designated areas of the City and
to give persons the opportunity to speak in favor of or against the formation of a
proposed district to underground utilities. The purpose of forming the district is to require
the utility companies to underground all overhead lines and to remove all existing wooden
utility poles within the District and to require property owners to convert their service
connections to underground.
The conversion work by the property owners involves trenching, backfill and conduit
installation from property line to point of connection. Chula Vista City Council Policy No.
585-1 established a mechanism that reduces the property owner's cost for the conversion
from the distribution lines to the residence. However, said policy limits the
reimbursement to single family residential properties only. City staff will be submitting
a resolution to the City Council recommending that City Council Policy No. 585-1 be
amended to allow reimbursement to all properties.
Approval of this resolution will set a public hearing to be held at 6:00 p.m. in the Council
Chambers of the Public Services building on December 15, 1992, in accordance with
Section 15.32.130 of the Municipal Code for the formation of this district.
Section 15.32.140 of the City Code requires the City Clerk to notify all affected persons
and each utility company of the time and place of the public hearing at least 15 days prior
to the date of the public hearing. Notice is to be given by mail to all property owners and
occupants of property located within the boundaries of the proposed district. The City
Clerk is required by this section of the Code to publish the Resolution of Intention, setting
the public hearing in the local newspaper no less than five days prior to the date of the
public hearing.
Grading of the Library site is scheduled to commence in August 1993. It is estimated
that grading operations and installation of street improvements will be completed by
December 1993.
A transparency of Exhibit" A" showing the boundaries of the proposed district is available.
l,j ~ e2
Page 3, Item Jd,
Meeting Date 11/3/92
FISCAL IMPACT: The cost of pole removal, undergrounding overhead facilities and
private property conversion funding as outlined above is estimated to be about $400,000.
SDG&E's allocation funds (Rule 20-A) will cover the estimated cost of the project.
SMN/File: KY-078
WPC:F:\HOME\ENGINEEA\AGENDA \ORNGUUD
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RESOLUTION NO.
/~t"t/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING CITY'S INTENTION TO
UNDERGROUND OVERHEAD UTILITIES ALONG ORANGE
AVENUE FROM THIRD AVENUE TO FOURTH AVENUE AND
SETTING A PUBLIC HEARING FOR THE FORMATION OF
A UTILITY UNDERGROUNDING DISTRICT ALONG SAID
STREET SECTION
WHEREAS, Chapter 15.32 of the Chula vista Municipal Code
establishes a procedure for the creation of underground utility
districts and requires as the initial step in such procedure the
holding of a public hearing to ascertain whether public necessity,
health, safety, or welfare requires the removal of poles, overhead
wires and associated overhead structures and the underground
installation of wires and facilities for supplying electric,
communication, or similar or associated service in any such
district; and,
WHEREAS, on October 22, 1992, an Underground Utility
Advisory Committee (UUAC) meeting was held in the Public Services
Building to consider the proposed boundary of an underground
utility district along orange Avenue from Third Avenue to Fourth
Avenue; and,
WHEREAS, it has been recommended that such an underground
utility district, hereinafter called "District", be formed.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
City of Chula vista as follows:
1. NOTICE IS HEREBY GIVEN that a public hearing will be
held in the Council Chambers of the city of Chula vista at 276
Fourth Avenue in said city on Tuesday, the 15th day of December,
1992, at the hour of 6:00 p.m., to ascertain whether the public
necessity, health, safety or welfare requires the removal of poles,
overhead wires and associated overhead structures and the
underground installation of wires and facilities for supplying
electric, communication, or similar associated service in the
District hereinabove described. At such hearing, all persons
interested shall be given an opportunity to be heard. Said hearing
may be continued from time to time as may be determined by the City
Council.
2. The city Clerk shall notify all affected property
owners as shown on the last equalized assessment roll and utilities
concerned of the time and place of such hearing by mailing a copy
of this resolution to such property owners and utilities concerned
at least fifteen (15) days prior to the date thereof.
1
J~-7
3. The area
shown on Exhibit
reference.
proposed to be included in the District is as
A attached hereto and made art hereof by
Presented by
John P. Lippitt, Director of
Public Works
F:\home\attomey\IntentUU
Bruce M.
Attorney
2
/~-~
~
COUNCIL AGENDA STATEMENT
Item
Meeting Date 11/03/92
/3
ITEM TITIE:
Resolution: I ~ f!r'rLing a Lease Agreement Between the City of Chula
Vista and the Chula Vista American Legion Post No. 434, Inc.
Director of Parks and Recreatio(}J
Director of Building and Housin~
City Manager 9 (4/5ths Vote: Yes _ No X)
SUBMrITED BY:
REVIEWED BY:
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. 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. A two-year lease
agreement was approved by the Council on February 27,1990; such lease expired in February 1992.
In a letter dated February 25, 1992, the Legion requested that Council extend the existing lease
agreement for the building at Eucalyptus Park. On March 3, 1992, Council considered this request
under written communications. 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. However, due to financial constraints, the Legion is requesting the
City renew the lease for the existing building. This report will discuss options for a new lease
agreement with the American Legion and the conditions agreed to by the Legion for this agreement.
STAFF RECOMMENDATION: That the Council authorize Option "A" whereby a Lease
Agreement is approved with the American Legion which:
1.
Proposes a 10 year initial term lease, with a City-initiated 10 year extension if the
City, by virtue of an approved Eucalyptus Park Master Plan, would utilize the
American Legion site for other parks and recreation purposes; and
2.
Conditions the American Legion to support Chula Vista children and youth
organizations at no less than $6,000 per year; and
3.
Maintains an insurance policy to provide for earthquake peril on the building until
such time as the building improvements are completed, and
4.
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.
lamerlegn]
1
/J~l
Item
Meeting Date 11103192
/3
BOARDS/COMMISSIONS RECOMMENDATION: 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.
The minutes of the October 15, 1992 meeting are attached.
BACKGROUND: The American Legion has occupied approximately 1.6 acres in Eucalyptus Park
since 1941. In 1955, a 20 year lease agreement was approved, including the present building that the
American Legion built on City property, but subsequently signed over to the City for tax purposes.
In 1975, the lease was extended for 10 years, through June 30, 1985. On or about June 1985, the
lease was extended to June 30, 1986, and subsequently converted to a month-to-month tenancy on
July 1, 1986.
The American Legion remained on a month-to-month lease up until February 1990, when Council
extended their lease for two years. On November 20, 1990, Council authorized staff to negotiate an
agreement with the Legion concerning the proposed new facility. As part of the negotiations, the
City would consider extending the lease for three additional years. During this extension period, the
Legion would design and construct the building. The Legion was unable to complete their design
work and their lease agreement was not extended. The most recent two year lease agreement expired
this year.
Proposed Le!!ion HalllCommunitv Center:
In 1986, the Council appointed a two-member subcommittee, to work with the Legion and the staff,
regarding the construction of a new building which would be a co-venture for a multi-purpose facility.
The Legion was to design a two story building on a proposed site at the southwest corner of 5th and
C Street, with a land bridge to a pathway for exclusive second story access from the parking lot above.
At the time, the availability of Community Development Block Grant (CDBG) funds was a viable
possibility and the Legion intended to apply for a CDBG grant for funding of the construction.
However, the Legion had grave concerns regarding their ability to finance the new facility and in
addition to the grant of CDBG funds ($100,000), were requesting the City's consideration of a loan
to the Legion in the amount of $100,000 (to be repaid at $1,000 per month over ten years). By late
1987, the Council sub-committee suggested the parties wait for the consideration, by the Council, of
a Eucalyptus Park Master Plan. CDBG funding was now more difficult to acquire, and the American
Legion continued their investigation of private sector funding sources for a new building.
On November 20, 1990, the Council considered a report by the City Attorney, by which he was
requesting authority to negotiate an agreement with the American Legion for relocation, demolition
and replacement of their facility with joint use provisions. Minutes from this meeting reflect the
Council accepted the report by the City Attorney on the consent calendar. The City Attorney
subsequently prepared proposed business points for the relocation of the American Legion Hall and
the establishment of the American Legion Community Center Facility and sent them to the Legion.
The American Legion took these business notes under advisement.
[amerlegn]
2
/3-,;2
Item
Meeting Date 11/03/92
/3
During 1991, negotiations ensued on the potential for a joint use agreement in which the City would
provide recreational programming on the second floor of the proposed building. In addition, the
Legion would rent the second floor facility for special events when it was not in use by the City.
Encased in the business points which were being considered by the Legion was a "Financing Phase".
Once the City and the Legion reached agreement on the design of the new building with the second
story, the City would appraise the issue of agreeing to guaranty the Legion's obligation to repay a
construction loan. The Legion had envisioned that rental revenues would help pay for the loan.
Furthermore, the Legion also planned to earmark bingo revenues for the loan payments as well.
However, as time progressed, it became apparent to the Legion that it would not be financially
feasible for their organization to meet the loan payments for the proposed facility.
In a meeting earlier this year, the Legion informed staff that it would be difficult to satisfy the
interest of the City to allow recreational services to be programmed on the second floor and at the
same time, generate sufficient income to pay for the mortgage through facility rentals. The Legion
also mentioned that they have ceased their bingo operation; thereby financially constraining their
revenue generation potential even further.
A Legion letter was received by the Council on February 25, 1992 (.. L ~~) requesting that Council
re-consider the new building concept and renew the lease on the existing building, and make building
improvements at the Legion's expense.
DISCUSSION: In August of 1992, the American Legion sent a letter (~HM' d) to the City which
outlined their terms for the lease renewal of the American Legion building. This letter requested
a 20-25 year lease term and for this term, the Legion would invest $100,000 in building improvements.
Recognizing that the Legion was no longer interested in constructing a new facility, Department staff
and the City Attorney began negotiation meetings with the Legion. Staffs initial recommendation
to the Legion was to propose a lease term of approximately five years, with an option for an
extension of an additional two years. Also of specific interest to staff during term negotiations, with
regard to the five year lease proposal, was the ability of the City to reclaim the land should a Council
approved Eucalyptus Park Master Plan designate the Legion building site for other city purposes.
The Legion was adamant that a short term lease would not be adequate to assure them of the
enjoyment of long term occupancy once they had invested $100,000 in the improvement of the
building. Therefore, a ten year lease, with an option to extend the lease for another ten years, was
negotiated.
In September 1992, the Legion sent to the City their revised terms for negotiation. Staff and the
Legion have tentatively reached agreement on the following points:
1. The term of the lease shall be for ten years, and an option for a City-initiated term of an
additional ten years, with the right reserved to the City to terminate the lease after the end
of the first ten years if the City determines the site is needed for Eucalyptus Park expansion
or renovation.
[amerlegn] 3
I]~J
Item
Meeting Date 11/03192
/3
2. An annual lease fee of One Dollar per year assessed to the American Legion for use of the
land and building.
3. Financial support in the amount of $6,000 per year to be provided exclusively, by virtue of
a pre-approved list, to Chula Vista children and youth programs and veteran-sponsored youth
groups. The City would receive a report annually, from the Legion, which would list the
funds granted to the groups.
4. Building Improvements - $100,000:
There have been previously discussed concerns by the City regarding the structural integrity
of the building. In 1984, a structural engineer was engaged to evaluate the building and make
recommendations. In this evaluation report to the City, the major structural concern was for
the building's ability to withstand earthquake damage. Historical lease agreements between
the City and the Legion have indicated that the parties were aware that the building was not
earthquake safe. The Legion shares the concern for earthquake damage and has proposed
that a portion of the funds they will use for building improvements will be to improve the
structure and make it "reasonably safe" from earthquake peril.
This standard of construction has been discussed with the Building and Housing Department
and they concur with the criteria the Legion will use to institute improvements. The
improvements to the building will meet existing Code criteria and the Building and Housing
Department will be an integral part of the permit and plan approval process to ensure
compliance. To this end, the Legion is agreeing to fund a current structural report from a
qualified engineer. Plans and specifications for the building's improvements will be based on
such a report.
In addition, the building has been evaluated by the staff from Building and Housing for other
code provisions and the requirements now mandated by the American with Disabilities Act
(ADA). The Legion has agreed to institute recommended changes to the building which will
meet the provisions for disabled access standards, both exterior and interior.
Other Building and Housing Department recommendations for improvements pertain to
electrical service upgrades, and water heater compartment replacement. The Legion also
proposes to re-roof the entire structure and stucco and color coat the exterior walls.
Preliminary construction estimates place the total costs for all structural improvements at
under $100,000.
The American Legion states the necessary funds to complete the recommended building
improvements are in their current possession.
The only significant issue left remaining in the negotiations is the provision of earthquake insurance.
In this condition, the City Attorney's Office is strongly recommending that while the building
jamerlegn]
4
J J ' l-I
Item
Meeting Date 11103/92
/3
improvements are occurring, the Legion would be required to provide an insurance policy to cover
damage and/or destruction of the building in the event of an earthquake.
ODtions to Consider:
During the history of the Legion leasing the building at Eucalyptus Park from the City, there have
been many options presented to the Council for consideration. There have been long term leases,
month-to-month leases, a proposal for a quarterly lease, relocation, new buildings, demolition, etc.
In considering the lease agreement arrangements in this report, staff believes it is important to review
options that may be available at the present time. These options are:
Option "A": This option is the recommended staff option. The American Legion concurs with this
recommendation; however, the Legion strongly opposes the requirement for earthquake insurance.
Option "B": This option deals with the Legion's interest of not having to carry earthquake insurance.
In the previous lease agreement, the language specified that earthquake insurance would not be
carried, with the understanding that the building was not earthquake safe. In this option, the
provision for earthquake insurance during the building improvements would be deleted from the
Lease Agreement attached to this report.
Option "C": This option calls for a lease agreement that would be offered to the Legion which
specifies a term of one year, during which year the Legion will either:
a. Merge the Post with another American Legion Post in the vicinity; or
b. Locate to another building and vacate the premises in Eucalyptus Park.
The Legion stated that they attempted to find other locations in the City; however, they claim
relocation and rental costs were prohibitive, and their ability to finance a relocation could not be
guaranteed. The Legion has advised staff they do not support Option "C".
Option "A" and "B" are similar, except for the earthquake insurance condition. Option "C" would
allow the City to proceed with the Eucalyptus Park Master Plan and provide for additional park and
recreation facilities in the park, on the site where the Legion building and parking lot is located.
Summary:
The recommendation for a lease agreement on the existing building is a change in direction from
previous lease and building negotiations with the Legion. Expectations for a new building and
available funding therefor, have not materialized. The new Lease does offer the City the opportunity
to re-claim the site, should it be needed for future approved park plans. The Eucalyptus Park Master
Plan will be re-initiated following the Council's consideration of the American Legion lease. Any
future park plans for this site are contingent on funding.
[amerlegn]
5
/3-;
Item /3
Meeting Date 11/03192
FISCAL IMPACf: None to the City in Options "A" and "B". The American Legion will invest
$100,000 in the building. Under Option "C", future funding for the Eucalyptus Park Master Plan is
indeterminate at this point in time.
Attachments
- Parks and Recreation Commission Minutes ~
- February 25,1992 Letter from Legion to City ,JtJr SIAl/AIEl)
- August 13, 1992 Letter from Legion to City
- Lease Agreement
, tJprltJlJS A 8 t t. N(Jr .s~"AlAlG IJ
I ,
[amerlegnJ
6
/3-1, //9-11..
DRAFT E.Xc.fRPI
PARKS AND RECREATION COMMISSION
October 16, 1992
PAGE 3
the people of the neighborhood who want to use the park. In January, the group plans to
start a youth league and work with the A YSO and CYSO to bring youth soccer to the area.
Commissioner Willett'suggested that the president of the league make a chart of the dates
and times that the league is using the park.
Both Mr. Perez and Mr. Alberto Garcia stated that they would be pleased with the adoption
of Alternative #3, limiting the use of the park for soccer to home games only, to be
monitored by the Park Ranger.
Commissioner Willett expressed his concern that the Park Ranger was being overloaded with
duties and suggested the Police Community Services Officer could be used (similar to Hilltop
Park) to monitor the use of these park areas.
Motion to accept Alternative #3, limiting the use of the park for soccer to home games only,
to be monitored by the Park Ranger.
MSC HALL/CARPENTER 6-0 (Sandoval-Fernandez out)
New Business
Motion to add the Otay River Valley Resource Enhancement Plan to the Commission's
agenda as an emergency item due to the time sensitivity of this item.
MSC WILLETI/LIND 6-0 (Sandoval-Fernandez out)
A EASTLAKE JOINT USE AGREEMENT
Senior Management Assistant Nancy Woods reviewed the proposed joint use agreement
between the City of Chula Vista and the Sweetwater Union High School District and asked
the Commission if they had any questions regarding this proposed agreement.
Motion for the Commission to accept staffs recommendation on the EastLake Community
Park/School Joint Use Agreement.
MSC WILLET/HALL 5-0 (Commissioner Carpenter abstained, conflict of interest, she is
employed by the School District) (Sandoval-Fernandez out)
B. AMERICAN LEGION AGREEMENT
Senior Management Assistant Woods called attention to the draft lease agreement between
the City of Chula Vista and the American Legion which had been included in the
Commission's information packet. She emphasized that while the agreement has not actually
/3-'}
PARKS AND RECREATION COMMISSION
October 16, 1992
PAGE 4
been finalized, staff is looking for an indication from the Commission at this point as to
whether they support the agreement in concept.
Robert McCauley, a citizen of Chula Vista representing the American Legion, spoke in
support of the lease document.
Commissioner Carpenter asked for a clarification on how the selection of youth agencies who
will be recipients of the money will be handled. In addition, she pointed out that the lease
argreement calls out an annual t1gure for contributions, while the report presented to the
Commission designates a monthly figure. She feels that it would be clearer if any report
forwarded to Council were consistent with the lease in using the annual figure.
Commissioner Willett'commended the Legion on their plans for improvement to the facility
and for their support of youth activities within the community.
Motion to support adoption of the lease terms as presented to the Commissioner and
endorsed by the American Legion.
MSC WILLETT/HEL TON 5-0 (Commissioner Lind abstained, connict of interest due to his
membership in the American Legion) (Sandoval-Fernandez out)
C. OTAY RIVER VALLEY RESOURCE ENHANCEMENT PLAN
Landscape Architect Martin Schmidt summarized the study for the Commissioners and stated
that copies of the entire study were available if any of the Commissioners wish to read it in
its entirety. He responded to questions from the Commission regarding land acquisition and
procedures and the location of certain parcels of land.
Motion to recommend that Council endorse the Otay River Valley Resource Enhancemennt
Plan, Adopt Negative Declaration IS-92-37, and authorize the Mayor to send a letter of
support to the State Coastal Conservancy for disbursement of funds for future property
acquisition in the Otay Valley.
MSC HALL/CARPENTER 6-0 (Sandoval-Fernandez out)
6. COMMUNICATIONS
a. Written Correspondence
Invitations to the Sweetwater Union High School District's Career Awareness Center
dedication on October 19, 1992.
In addition, applications have been received for the Robert B. Botterman Humanitarian
Award and will forwarded to each Commissioner so that they may, if they so choose,
nominate someone for the award.
/3-r
The Amer i oan ,f.:~~1i!ort;,
Chula Vista,po~:*t~~~.
47 Fift.h Avenue,,;,
Chula Vist.a, CA ~~:Olqj:
422-930?,~;,;; i!
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We at the Amerioan Legion would like th~City to revisit where we
are regardlng our Vet.erans Memorial,H~~"rl~S,~te,~ at 5th and C
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Prior City administrations, armed with oiOpious>.mounts of Community
Block Grant money, envisioned relocation" of our" Post Home to make
way for progress (additional parking). "The initial plan by the
them Parks and Reo Director was t.o deny our "'leas. renewal for a
variety of reasons. He thought that"'tha,t was the way to remove the
American Legion trom HIS park, and a 1.1 ,'?,\/{ D2,r, his ,expansion plans.
Sinoe then, the Legion has been in aia,.!}ei1:oI!.~ve':fosture trying to
work with the City tor our survival. it '", '" ,'./, ~
Muoh water has passed under the bridge '$~~o;>t.~ ;'l:st ourrent lease
renewal was obj eoted to. ,:: ".'f'
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February 25, 1992
Honorable Tim Nader
Mayor and City Counsel
Chula Vista, CA 91910
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D...I' Mayor:
At this time it looks like the agreed upon relocation of the Post
Home to the swamp land below the eXisti~g site is beooming more and
more unattainable. Reasons inolude oo~t to both ot us, publio
hearir,e requlrements (t.hat mayor ,m"y n'ci,t be popular), CEQA's,
t inanoing agreements, use atreements (bY"who when), design
agreements and oriteria, determination ot the plot size, drainage
requil'ements. aoce.ss to the taoility (i,ngress) issues, parking
requirements. bUildable. pad lssues and p9rk testing, liability and
indemn if i 0& t i on, to mention a f eW'~'f....~1~i::;~,.^. '~
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In view of the above, the Legion teels ~t 'ili" in, our mutual
interests to just quietly renew the old'lease. ""The Legion in turn
will indemnity the City of any liabilit'y, 'anC! 'use our Building Fund
monies to improve the aesthetios of the Po~t Hofue:
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The American Legion
Chula Vista Post 434
47 Fifth Avenue
Chula Vista. CA 91910
422-9309
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August 13, 1992
City of Chula Vista
Parks and Recreation Director
276 4th Avenue
Chula Vista, CA 91910
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RE: (1) Our letter of February 25, 1992
(2) Meeting with Parks &Rec Director of August 10, 1992
ATTN:
Mr, Jess Venezuela
The American Legion submitted a letter to the City (enclosed is a
copy) asking that our lease be renewed regarding our Veterans
Memorial Hall located at 5th and C Street. The referenced letter
has been passed around the city bureaucracy for action for the last
few months and appears to have landed on your plate. As such you
scheduled and conducted a meeting with the American Legion on
August 10, 1992 to discuss the merits of the proposed lease, and
develop a staff position to present to the City Council. At the
meeting the reasons for our initial letter submittal were reviewed.
and of primary concern was escalating costs to both parties for a
relocation, and the fact that requirements have changed. You
stated that it would cost the city around $216,000.00 to make the
proposed site a buildable lot, and this did not include survey
costs to establish the legal description of the lot. We restated
our position that we would prefer to remain at our present location
for the following reasons:
(1) If given the buildable lot by the City, the cost of new
construction to just duplicate our existing facilities would exceed
our ability to repay a mortgage, given present income and
reasonable expectations of prudent business operations.
(2) Our Bingo operation has regrettably ceased its operation
effective this month, thereby reducing forecast revenue to the
Post, having lost revenue for over two years to other gaming
including the state lottery and increased competition from school
operated bingos as well as City mandated rules that made us less
attractive and non competitive with regards to prize payouts.
(3) Membership continues to increase, proportional to City growth,
with a continued need for an American Legion (Community Veterans
Service organization) and a continued membership is assured in
light of a new veterans population created by Desert Storm eligible
service members.
(4) The City does not now have any block grant funds to build or
expand available facilities in Eucalyptus Park, as was previously
13-/(/
thought, negating any city requirement for relocation.
(5) The American Legion finds no objection to renewing the proposed
lease, providing the terms are for a minimum of 20 years, (the old
lease that Gene Asmus hammered out a few years ago),
(6) You expressed agreement in principal to the lease renewal.
(7) As a provision of the 20 year lease, the American Legion
agreed to undertake and complete within 2 years a major building
improvement program for both functionality and aesthetics with our
$100,000,00 building improvement fund. Included would be ADA rest
rooms, and access.
(8) Given an uncertain future for the past 5 years The Legion has
been most prudent and selective in our charity donations to
community children and youth programs, and has had as its major
fund raiser as "the building fund", Given the lease, and a certain
future, the Legion can and will redirect its fund raising efforts
towards support of additional deserving community organizations.
We also pointed out to you that we have expended over $50,000.00
for A&E studies and other "paper" that at this writing are
worthless to both of us, but were city directed. Let's knock of
this wasted effort of resources' No more studies please.
Therefore now it is requested that you endorse the original request
for a lease, as the action official for the City, receive
concurrence from the City Attorney and make a staff recommendation
to approve a 20 year lease for the American Legion to the City
Council for. their consideration and hopefully approval,
For God and County
~~
Post Command~~uley ~
CIC
Mayor Nader
City Council
City Attorney
13-//
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":
HI~H~~~~~Hl.
Landlord hereby leases to Tenant, and Tenant hereby leases
from Landlord, that certain property and premises as outlined and
provided for in Exhibit "A", attached hereto and incorporated by
reference. Included in the lease agreement is a non-exclusive
easement for the use of the adjacent parking lot, as described on
Exhibit "A".
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.
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October 29, 1992
American Legion Lease, 1992-2002
Page 1
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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 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.
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October 29, 1992
American Legion Lease, 1992-2002
Page 2
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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, 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. TAXES:
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,
amleg3.wp
October 29, 1992
American Legion Lease, 1992-2002
Page 3
D-/5
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.
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 by fire or other perils covered by extended
coverage insurance, 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
amleg3.wp
October 29, 1992
American Legion Lease, 1992-2002
Page 4
I J -I?
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.
9.2 In the event of damages due to any cause other than
fire or other peril covered by extended coverage insurance,
Landlord may elect to terminate this lease.
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 Tenant acknowledges that the premises do not meet
current standards relating to earthquake peril.
10. INSURANCE:
10.1 Tenant shall, throughout the duration of this lease,
maintain comprehensive general liability, including personal
injury from earthquake, liquor 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 Tenant shall, throughout the duration of this lease,
provide and maintain an insurance policy to cover damage and/or
destruction of the building and personal injury in the event of
an earthquake. Such earthquake insurance policy 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, shall be
submitted to the city Clerk at 276 Fourth Avenue, prior to
occupancy, and annually thereafter. Said policy or policies
amleg3.wp
October 29, 1992
American Legion Lease, 1992-2002
Page 5
)3,/7
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 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.
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October 29, 1992
American Legion Lease, 1992-2002
Page 6
n~~
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
"C". 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 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
amleg3.wp
October 29, 1992
American Legion Lease, 1992-2002
Page 7
/3 '/1
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.
18.1.2 The failure by Tenant to observe or perform any
of the express or implied covenants or provisions of
this lease to be observed 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;
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October 29, 1992
American Legion Lease, 1992-2002
Page 8
/3~~C
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 reserves 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 preservation 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.
amleg3.wp
October 29, 1992
American Legion Lease, 1992-2002
Page 9
IJ-rJ-)
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.
THE CITY OF CHULA VISTA
LEGION
CHULA VISTA AMERICAN
POST #434, INC.
Tim Nader, Mayor
ATTEST
City Clerk
amleg3.wp
October 29, 1992
American Legion Lease, 1992-2002
Page 10
/ J"- ,)~
Exhibit "C"
LIST OF REQUIRED BUILDING IMPROVEMENTS
As agreed to in Section 3, Mandatory Improvements, Tenant agrees
to expend the amount of One Hundred Thousand Dollars ($100,000)
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 III (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, with 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
/3...- ,)J
EXHIBIT A
THAT THE PREMISES HEREINABOVE DESCRIBED SHALL
CONSIST OF THE FOLLOWING FOR A TERM OF TWO (2) YEARS:
'-
A portion of Lots 15 and 16 of Quarter Section 150 of
the City of Chu1a Vista according to May thereof No. 505, filed
in the office of the County Recorder of San Diego County, dated
March 13, 1888.
Beginning at the Northwest corner of said Lot 16: thence
South 18015' East along the Westerly line of said Lot
16, 123.70 feet to the TRUE POINT OF BEGINNING:
Thence North 8P16'OO. East, 130.80 feet:
Thence South 8PS8'30. East, 49.46 feet:
Thence South 38035'25. East, 19.15 feet:
Thence South 79018'20. East, 43.41 f.eet:
Thence South 67034'15. East, 29.70 feet:
Thence South 60021'10. East, 100.08 feet:
Thence South 18056'05. East, 71.34 feet:
Thence South 7P4S'OO. West, 308.47 feet to a point on
the Westerly line of Lot 15 which lies South 18015'00.
East, 247.52 feet along the Westerly line of Lots 15 and
16 from the true pOint of beginning:
Thence North 18015'00. West 247.52 feet to the TRUE
POINT OF BEGINNING.
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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. 505, filed
in the office of the County Recorder of San Diego County, dated
March 13, 1888.
Beginning at the Northwest corner of said Lot 16: thence
South 18015' 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:
-
):J'" ~i
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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);1- .;5'.
EXHIBIT "B"
UST OF PRE-APPROVED RECIPIENTS OF AMERICAN LEGION DONATIONS
1. Little League:
Parkview
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)
(Imcriegn]
/3 - JIP
Exhibit "C"
LIST OF REQUIRED BUILDING IMPROVEMENTS
As agreed to in section 3, Mandatory Improvements, Tenant agrees
to expend the amount of One Hundred Thousand Dollars ($100,000)
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.
(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 I
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 III (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, with 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
13 -;27
RESOLUTION NO.
/~8'~1
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.
Presented by
4t
orm :D
Jess Valenzuela, Director of
Parks and Recreation
Bruce M.
Attorney
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