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HomeMy WebLinkAboutAgenda Packet 1994/12/13 . ry that , am enalW of penu. . he ,a\ declare und?f P ';',f Olu13 Vista 10, t,. ,I ,'erl by tr:e G, 'J 0 ,.' f",:,~' \ pas :cd em.:1,O) : , ~ ('; ,.., ClefI'. <1n,t "... I:) ",'d' at ..' 01' v\.\,~ ..,;~..) t"lnl~'.:o'/'~n 'Uo'...~. O"hre .. . ""'. .. h", U'-' ,.. ,. ....J\ n ".~ I",,~l'}on'\...~ C't H<Jl 0 this AScnd:1P ,0:, ~ 'k4.i. <1 and at 1 ~i ./ .. " Tuesday, December 13, 1994 PUbIiC~;J fVlc~J!.Yf~~~Dr,( / ~.''':'~'= 6:00 p.m. the. 'J '2.-2Z S\{jl~ . / DATED~.L,'" .. / Regular Meeti g of the City of Chula Vista City Council Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: Councilmembers Fox _, Padilla _' Rindone _, and Mayor Horton _' 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: December 6, 1994 (City Council) and December 6, 1994 (Joint Meeting of the City Council/Redevelopment Agency) 4. SPECIAL ORDERS OF THE DAY: a. RESOLUTION - COMMENDING MAYOR TIM NADER b. RESOLUTION - COMMENDING COUNCILMAN LEONARD M. MOORE c. Oath of Office for newly appointed Councilmember - John S. Moot. ***** Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now reconvene into open session to report any final actions taken in closed session and to adjourn the meeting. Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However, final actions reported will be recorded in the minutes which will be available in the City Clerk's Office. ***** CONSENT CALENDAR (Items 5 through 13) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete the pink fonn to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that no Closed Session was held on 12/6/94. It is recommended that the letter be received and filed. b. Letter from Bonita Country Day School requesting that the City provide them the same payment provisions for the Sewer Capacity fee as they were given for the TransDif fee - Paul Catanzaro, Headmaster, Bonita Country Day School, P.O. Box 1226, Bonita, CA 91908. It is recommended that staff be given authorization to add the sewer fee to the Agreement for the payment of TransDif fees. Agenda 6. 7. 8. 9.A. ORDINANCE 2619 RESOLUTION 17750 RESOLUTION 17751 RESOLUTION 17752 B. RESOLUTION 17753 C. RESOLUTION 17754 -2- December 13, 1994 CREATING A DEPARTMENT OF MAYOR AND COUNCIL AS CHAPfER 2.03 OF THE MUNICIPAL CODE AND AMENDING SECTION 2.05.010 ADDING THE POSITION OF "ASSISTANT TO THE MAYOR AND CITY COUNCIL" TO THE UNCLASSIFIED POSITIONS - (second readin!! and adootion) - In order that the Mayor have hiring and termination authority, creation of the Department of Mayor and Council is necessary. The position of Assistant to the Mayor and City Council was created as an "At Will" position to serve at the pleasure of the Mayor and City Council. It is important that the position be Unclassified because the Mayor, who supervises the incumbent, serves a finite term and as turnover occurs, he/she should have the ability to appoint an Assistant who possesses the knowledge, skills, and abilities judged necessary by that Mayor. Staff recommends Council place the ordinance on second readmg and adoption. (City Attorney and Director of Personnel) 4/5th's vote required. APPROVING SUBMITT AL OF A USED OIL BLOCK GRANT APPLICATION IN THE AMOUNT OF $73,130 TO THE CALIFORNIA INTEGRA TED WASTE MANAGEMENT BOARD FOR FISCAL YEAR 1995/96 - The California Used Oil Enhancement Act mandates the California Inte~rated Waste Management Board use a portion of the funds from the sale of lubncating oil to provide block grants to local governments for used oil programs that encourage recycling. If the City does not apply for a grant in this cycle, the funds that are allocated for the City will either be distributed among the applicants in this year's competitive grant cycle or transferred to the State's general fund. Staff recommends approval of the resolution. (Administration) ACCEPfING BID AND A WARDING CONTRACT FOR "PALM CANYON SEWER RECONSTRUCTION FROM MAX AVENUE TO LOMA LANE IN THE CITY (SW-200)" - Bids were received on 11/9/94. The work consists of replacing an existing eight inch virtified clay pipe sewer main with a new twelve inch sewer main from Max Avenue to Loma Lane and installing a new eight inch sewer main through the intersection of Orange Avenue and Loma Lane. The work includes excavation and grading, deep lift asphalt concrete pavement, mobilization, shoring, replacement of existing manholes, reconstruction of base of existing manholes, new sewer manholes, sewer laterals, sewer lateral connections, traffic control, crushed aggregate base, concrete drainage structures, preservation and restoration of property, and other miscellaneous work specified in the specifications and shown on the plans. Staff recommends approval of the resolution. (Director of Public Works) APPROVING FINAL MAP OF TRACT 94-02, CORNERSTONE COMMUNITIES AT RANCHO DEL REY, ACCEPI'ING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MA~ AND ACCEPI'ING ON BEHALF OF THE CITY THE OPEN SPACE LOTS GRANTED ON SAID MAP, AND THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDMSION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - On 8/16/94, Council approved the Tentative Subdivision Map for Tract 94-02, Cornerstone Communities at Rancho del Rey. The fmal map for the tentative map is now before Council for approval. Staff recommends approval of the resolutions. (Director of Public Works) APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 94-02 CORNERSTONE COMMUNITIES AT RANCHO DEL REY, AND AUTHORIZING THE MAYOR TO EXECUTE SAME AUTHORIZING THE MAYOR TO EXECUTE DEEDS QUITCLAIMING ANY TITLE INTEREST OF THE CITY IN PROPERTIES TO BE OWNED BY THE DEVELOPER AFTER RECORDATION OF THE MAP Agenda -3- December 13, 1994 10. RESOLUTION 17755 APPROVING AGREEMENT AMONGNATIONALCITY,CHULA VISTA AND CANYON-CAHAN PROPERTIES FOR THE PROVISION OF SEWER SERVICE TO A FOOD 4 LESS MARKET THROUGH NATIONAL CITY FACILITIES - A new Food 4 Less Market in Chula Vista at 1320 30th Street will be dependent upon National City facilities for sewer service. In order to provide for that service, it is necessary that the developer and Chula Vista enter into an agreement with National City. The agreement satisfies National City's concerns with payment of sewer fees, noise, and safety and has been approved by both the developer and the City Council of National City. The agreement provides that National City's sewer capacity in the Metro system will be used for the sewer service and that all sewer fees and ongoing charges will be paid to National City by the developer and future owners. Staff recommends approval of the resolution. (Director of Public Works) 11. RESOLUTION 17756 ACCEPTING CALIFORNIA STATE LmRARY MATCHING FUNDS AWARDED TO THE CHULA VIST A LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING FISCAL YEAR 1994/95 BUDGET - The California State Library has announced that California Library Services Act funds are available to supplement funds raised locally by California Literacy Campaign member libraries. The match is based on $1 for every $4.97 raised locally and spent during Fiscal Year 1994/95. Accepting the grant will provide $29,792 in Fiscal Year 1994/95 to the Chula Vista Literacy Team. The funds cannot supplant existing funds. Staff recommends approval of the resolution. (Library Director) 4/5th's vote required. 12. RESOLUTION 17757 APPROVING A CHANGE ORDER WITH DYNALECTRIC FOR LIGHTS AND ACCOMPANYING SUPPORTS IN THE CHILDREN'S ROOM AND BROWSING AREA AT THE SOUTH CHULA VISTA LmRARY - The originally specified shelves with integrated lighting cannot be supplied for the Children's Room and Browsing Area. Therefore, the Children's Room stacks and lighting will now be similar in design to the Adult Area, and the Browsing Area will have a different design. To implement the design, the purchase order to Dynalectric, sole responsive bidder for the adult section lighting, must be increased. The State Library will reimburse 65 percent of the cost. Staff recommends approval of the resolution. (Library Director) 13. REPORT TWO APPLICATIONS FOR FEDERAL DEPARTMENT OF EDUCATION, LIBRARY SERVICES AND CONSTRUCTION ACT, TITLE VI. LIBRARY LITERACY PROGRAM GRANT FUNDS TO CONTINUE A MODEL PROGRAM FOR DYSLEXIC ADULTS, AND TO CONTINUE A MODEL WRITING PROGRAM FOR ADULT LEARNERS The Chula Vista Literacy Team has applied for two grant funds under the Library Services and Construction Act Title VI, Literacy Program in Federal Fiscal Year 1995/96 (1) to develop and implement a model program to deal effectively with the identification and remediation of adult learners with dyslexia, and (2) to continue their Model Writing Programs for adult learners. If awarded, the funds cannot be used to supplant the current volunteer tutor reading program. Staff recommends Council accept the report and ratify the applications for Title VI Library Literacy grant funds. (Library Director) * * END OF CONSENT CALENDAR * * Agenda -4- December 13, 1994 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following 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 Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete the pink fonn to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual. 14. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-95-13; APPEAL FROM THE DECISION OF THE PLANNING COMMISSION TO APPROVE A PROPOSAL BY THE SALVATION ARMY TO OPERATE A THRIFf STORE SELLING USED CLOTHING AT 366 BROADWAY - JERRY FICK - Jerry Fick is appealing a decision of the Planning Commission to approve a request to locate a Salvation Army Thrift Store selling used clothing in an existing commercial building at 366 Broadway in the C- T Commercial Thoroughfare Zone. In the appeal, Mr. Fick states that the thrift store is not compatible with, and would have a negative impact on, existing areas within the neighborhood. Staff recommends approval of the resolution. (Director of Planning) Continued from the meeting of 12/6/94. RESOLUTION 17758 DENYING AN APPEAL AND THEREBY AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT PCC-95-13 TO OPERATE A THRIFT STORE SELLING USED CLOTHING AT 366 BROADWAY ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions and/or Committees. 15. REPORT AUTHORITY TO PROCURE SERVICES AND SPONSOR WORKSHOP ON PRINCIPLES OF PUBLIC SERVICE ETHICS - The report constitutes a request by the Board of Ethics for an appropriation of $10,000 to be used for City-wide training on ethics in the current fiscal year. (Board of Ethics) 4/5th's vote required. Agenda -5- December 13, 1994 ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and staffrecommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to five minutes. 16. REPORT CONSIDERATION OF DEFERRAL OF EASTERN CHULA VISTA TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF) AND INTERIM PRE-SR-125 TRANSPORTATION DEVELOPMENT IMPACT FEES (SR-125 DIF) FOR THE PROPOSED INDUSTRIAL OR COMMERCIAL LAND USES - Staff presented a report regarding implementation of Transportation Development Impact fees at the 9/27/94 meeting. Council requested further information regarding financial impacts of such an action. Staff recommends Council accept the report. (Director of Public Works) 17. REPORT TRANSPORTATION DEVELOPMENT IMPACT FEES FOR THE TELEGRAPH CANYON SHELL AUTO CARE CENTER - In a letter, Rod Bisharat, owner of the Telegraph Canyon Shell Auto Care Center, is asking that the Transportation Development Impact Fee (TDIF) be credited based on their required dedication of an additional seven feet of right-of-way. Mr. Bisharat indicates that Shell Oil Company purchased the property for $487,500 and, based on the area of the parcel, indicates that the square foot value of the property is, therefore, $26.50 per square foot. According to his letter, this would give a value of right-of-way dedication of $27,825. For Council's information, the TDIF for the 40 additional trips that would be generated is $12,240. The property is located at the northeast comer of Telegraph Canyon Road at Halecrest Drive. Staff recommends Council instruct staff to reply to Mr. Bisharat and inform him that the conditions required for TDIF credit for right-of-way dedication have not been met and that the City cannot give him credit as requested. (Director of Public Works) 18. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. 19. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Public comments are limited to five minutes per individual. Agenda -6- December 13, 1994 OTHER BUSINESS 20. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. 21. MAYOR'S REPORT(S) a. Selection of Mayor Pro Tern. b. Council discussion regarding consideration of extension of the current term for Chula Vista's representative to the San Diego Unified Port District/Setting dates for interviews for Chula Vista representative to the San Diego Unified Port District and Chula Vista City Council. Continued from the meeting of 12/6/94. 22. COUNCIL COMMENTS Council member Fox a. Consideration of Economic Development Commission appointment: Leonard Moore. CLOSED SESSION Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are pennitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports oflinal action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from closed session, reports of linal action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. 23. CONFERENCE WITH LEGAL COUNSEL - Anticipated litigation pursuant to Government Code Section 54956.9 . Metro Sewer Adjustment Billing (prospective arbitration). CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Agency negotiator: John Goss or designee for CVEA, WCE, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. Agenda -7- December 13, 1994 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 . Property: 855 Maxwell Road, Chula Vista, CA (Parcel Number 644-040-16 or 894 Energy Way, Chula Vista, CA (Parcel Numbers 644-182-07 and 644-182-08). Negotiating parties: Director of Community Development Under Negotiations: Price and terms of payment. 24. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ADJOURNMENT The meeting will adjourn to (a closed session and thence to) a City Council tour on Saturday, December 17, 1994 at 8:00 a.m. and thence to the Regular City Council Meeting on December 20, 1994 at 6:00 p.m. in the City Council Chambers. A Special Meeting of the Redevelopment Agency will be held immediately following the City Council Meeting. December 8, 1994 SUBJECT: The Honorable Mayor and City Counci~ ~ John D. Goss, City Manager J~ ~ tJi!; l City Council Meeting of December 13, 1994 TO: FROM: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, December 13, 1994. Comments regarding the Written Communications are as follows: Sa. This is a . letter from the City Attorney stating that there was no closed session on December 6, 1994. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. Sh. Bonita Country Day School has requested that the City provide them the same payment provisions for the Sewer Capacity fee as we gave them for the TransDif fee. They originally believed the sewer connection fee was only $2,200 and therefore did not request special treatment. However, based on final plan submittal, the sewer fee has been calculated at $4,400. The fee would be charged at one half rate to be paid over S years, with the remainder to be due in later years if they stay at the site longer. Staff believes that this is very similar to what was approved earlier. IT IS RECOMMENDED THAT STAFF BE AUTHORIZED TO ADD THE SEWER FEE TO THE AGREEMENT FOR THE PAYMENT OF TRANSDIF FEES. (past staff report is attached) mab ~~I?- ~~ .-..;: .-..;: .-..;: .-..;: ---- ---- CllY OF CHULA VISTA OFFICE OF THE CITY ATTORNEY Date: December 8, 1994 From: Bruce M. Boogaard, City City coun(}t'J Attorney /1'tKJ To: The Honorable Mayor and Re: Report Regarding Actions Taken in Closed Session for the Meeting of 12/6/94 The City Attorney hereby reports there was no Closed Session held on December 6, 1994. BMB:lgk C:\lt\clossess.no ,- ~~.. / 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037 LJonita Country Day 6chool Teaching students how to think. not what to thInk. ..,:' December i~,. 19'94 Mr. John R. Lippitt Director of Public Works 276 Fourth Avenue Chula Vista, Ca. 92010 ..:-:,,:~,~ I,.... ", .... ,~ &.,. .:. _.....,. Dear Mr. Lippitt: I would like to thank you for taking the time to meet with me and discussing the payment of sewer fees for our 625 Otay Lakes Road project. As per that conversation I would like to formally request that the sewer fees for the project be treated the same as the trans DIF fees and that the school pay one half of the normal fee of $4,400.00 or $2,200.00 spread over the five years in which we intend to occupy that site. We ask you to do this because of the following: First, this is a temporary (five year) project and the normal sewer fee is based on permanent use of the system. Second, because the City Council has deferred their decision on the trans dif fees for churches and other 501c3 non-profits indefinitely we are having to pay these fees as per our arrangement without hope of relief in the foreseeable future. Third, the school is having serious cash flow problems because of the many unforeseen expenses incurred while we desperately try to finish this project so we may continue to serve this community. Please present this proposal to the city council so that we may endeavor to finish this project and occupy the classrooms as soon as practical. cc: Mayor Nader Mayor Elect Horton John Goss, City Manager ',,-l' 'ril ,:j'4~~l ,t;~I,~\'+>':':''i<r-: ~~- '1 ;.~ n, ~l ~~ fi, ,," "~ ~ "" ...' .'i f.~~ II ~~ r.,..Omi~i\UNjCA 'nG;)~3 Post Office Box 1226, Bonita, CA 91908 · (619) 656-0141 COUNCIL AGENDA STATEMENT ITEM ~ (" ~ MEETING DATE~~/a/o~ ,-af,""" REVIEWED BY: ORDINANCE .1 t J if Creating a Department of Mayor and Council as Chapter 2.03 of the Chula Vista. Municipal Code and amending Section 2.05.010 adding the position of Assistant to the Mayor and City Council to the Unclassified positions. CITY ATTORNEY & PER~NEL DIRECTO& · CITY MANAGE~ ~ ~ (4/5th Vote: VesA.. No ~ On August 16, 1994, the Chula Vista City Council took action to reassign the staff support provided to them from the City Manager's office to their office. Adoption of this ordinance will implement that action. The subject position, Assistant to the Mayor and City Council, was created as an -At Will- position to serve at the pleasure of the Mayor and City Council. '. ITEM TITLE: SUBMITTED BY: BOARD/COMMISSION RECOMMENDATIONS: N/A ,RECOMMENDATION: Create the Department of Mayor and Council as Chapter 2.03 of the Chula Vista Municipal Code and amend Section 2.05.010 of the Chula Vista Municipal Code by adding the position of Assistant to the Mayor and Council to the Unclassified positions. DISCUSSION: The Charter provides the City Council with the power to create departments. Creating the Department of Mayor and Council will provide the Mayor with Department Head status and afford him/her the ability to hire and fire their departmental subordinates consistent with the intent of Council's August 1994 action to relocate the position of Assistant to the Mayor and City Council. It is the City Attorney's Interpretation that creation of the Department is necessary to provide that authority. Even as such, the person in the position is restricted to engaging in only those non-administrative, non- management acts in which the Mayor and Council may engage. The Municipal Code identifies certain Executive and Mid-Management classifications that have been created in the Unclassified service. The Mid-Management classification of -~ /-' c...... \ t' ITEM MEETING DATE Assistant to the Mayor and Council was created to serve at the pleasure of the Mayor and Council by performing a wide variety of duties. (A revised class specification is attached.) The classification was designed to report to the Mayor (as opposed to the prior classification in which the incumbent reported to the City Manager.) Various duties performed by the incumbent will include: . Constituent relations. including preparing letters in response to constituent questions and concerns . Policy analysis and inquiry for the purpose of policy analysis. including preparing reports . Researching and writing speeches . Assisting in and responding to inquiries from the press . Attending meetings with and for the Mayor and/or Councilmembers. FISCAL IMPACT: No new costs are associated with the transfer of this position or the creation of the Department of the Mayor and Council. lA 113.llO3) ~ .<,- ~ z... ORDINANCE NO. ~6J1 AN ORDINANCE OF THE CITY OF CHULA VISTA CREATING A DEPARTMENT OF MAYOR AND COUNCIL AS CHAPTER 2.03 OF THE CHULA VISTA MUNICIPAL CODE AND AMENDING SECTION 2.05.010 ADDING THE POSITION OF "ASSISTANT TO THE MAYOR AND CITY COUNCIL" TO THE UNCLASSIFIED POSITIONS SECTION I: That Chapter 2.03 is hereby added to the Chula vista Municipal Code to read as follows: 2.03.010 Established - Purpose. There is hereby established, pursuant to Charter section 501, a Department of Mayor and Council, which shall have the responsibility for policy setting and constituent relations, inter-agency relations, and intra-agency/ policy-implementation, but which shall not involve any administrative services. 2.03.020 Establishment of Department of Mayor and Council. The Department of Mayor and Council shall have assigned to them the elected Mayor and elected Councilmembers, the private secretary to the Mayor and Council that is permitted by Charter, any additional Charter positions assigned to either the Mayor or Mayor and Council and any positions assigned to the Department of Mayor and Council by such means commonly recognized for assignment of personnel, such as by the budgetary process. positions so assigned to the Department of Mayor and Council should, except for clerical positions, be considered new Mid-Management positions and given an unclassified status and be term limited to correspond to the tenure of the Mayor, as the Council shall determine in establishing the position. SECTION II: That section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.010 Unclassified positions established. In addition to those unclassified positions specifically delineated in section 500 of the Charter of the City, there are established the unclassified positions entitled deputy city manager, assistant to the city manager, deputy city clerk, assistant fire chief, assistant 1 1.1' - -- .,j (.-~ director of planning, assistant director of finance, assistant director of personnel, assistant director of building and housing, city engineer, director of manageme~t services and information services, redevelopment coordinator, housing coordinator, transit coordinator, assistant director of community development, deputy director of public works/city engineer, public information coordinator, traffic engineer, deputy director of public works/operations, budget manager, revenue manager, assistant director of management services and information services, assistant library director, police captain, afld special planning projects manager, and assistant to the Mavor and Council. SECTION III: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented and Approved as to form by L /ft. city Attorney Bruce M. C:\or\205010 2 -#I~_,J ,. c.-y CITY OF CHULA VISTA 12/94 ASSISTANT TO THE MAYOR AND COUNCIL (UNCLASSIFIED/UMITED TERM) DEFINITION Under general supervision of the Mayor, to perform highly responsible and sensitive duties listed below In the operation of the Mayor and Council office; to provide support to the Mayor and Councllmembers within the constraints of the Charter; to deal with varied constituent and political issues and to do related work as required. NOTE: The Incumbent In this position will be -At Will- and subject to termination without cause. The position will be co-terminus with the Mayor's tenure. Upon the Mayor's loss of office for any reason, entitlement to the position expires automatically without further notice. PRINCIPAL DUTIES Performs responsible administrative duties In managing the office of the Mayor and Council; conducts polley research and analyzes a wide variety of issues and topics; prepares short turn-around and lengthy, complex reports for the Mayor and/or individual Council members; researches and writes speeches for the Mayor; assists the Mayor and Councllmembers In preparing responses to Inquiries from the press and may respond to the press personally for the Mayor or Councllmembers; prepares a wide variety of letters In response to constituent questions, concems and complaints; assists Mayor and Councilmembers In constituent relations; may attend a wide variety of local and regional meetings, both with and for the Mayor and/or Councilmembers; may make presentations and respond for the Mayor and/or Councilmembers In their absence; maintains effective liaison between the Mayor and Council Office and the City Managers' Office; may perform special assignments relating to legislative issues, policy development, community programs or Interagency projects; prepares and administers the budget for the Office of the Mayor and City Council; may work with a wide variety of community groups, boards, commissions and City staff; trains and evaluates the performance of subordinates. See Terms & Conditions of Employment (attached) for further constraints. DESIRABLE QUALIFICATIONS Trainina and ExDerlence Any combination equivalent to graduation from college In Political Science, Public or Business Administration, or a related field and four years of experience working wlth/for elected officials at the local, State or Federal level or comparable experience. Knowledge. Skills and Abilities Knowledge of public administration policies, practices and procedures; knowledge of the City Manager fonn of government; familiarity with budget; knowledge of and experience with personal computers and various applications; superior ability to gather, Interpret and analyze data; superior ability in oral and written expression; personality, attitude and temperament necessary for effective working relations with a wide variety of Individuals In the political process, City staff, staff of other governmental agencies, and the public; ability to schedule and supervise the work of others; ability to exercise discretion and good judgement in dealing with confidential Issues. ,~,.>-.r / (.-5 ~ -7 (SPEC-12,M] COUNCIL AGENDA STATEMENT Item Meeting Date 12/13/94 Resolution 177.52:J Approving Submittal of a Used Oil Block Grant Application in the Amount of $73,130 to the California Integrated Waste Management Board for fiscal year 1995-1996. SUBMITTED BY: Conservation coordinat~ REVIEWED BY: City Manage~ ~@j(4/5ths Vote: Yes_ No X) BACKGROUND: The California Used Oil Enhancement Act requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers. Chula Vista consumers pay four cents per quart into the fund when they purchase oil. The Act mandates the California Integrated Waste Management Board (CIWMB) use a portion of the funds to provide block grants to local governments for used oil programs that encourage recycling. Block grants are non-competitive and funds are distributed to applicants based on population ($0.314 per person). If the City does not apply for a grant in this cycle, the funds that are allocated for the City will either be distributed among the applicants in this year's competitive grant cycle or transferred to the state's general fund. 7 ITEM TITLE: The City was recently awarded two grants funded by the Used Oil Enhancement Act for fiscal year 1994/95 (Block Grant:$101,550 and an Opportunity Grant: 270,300 totaling $371,850). Those grants are currently funding the recruitment and support of 30 local businesses that will serve as state certified, used oil recycling centers. The grants are also funding public education partnerships with the Nature Center, Urban Corps, Chula Vista Elementary School District and Southwestern College. The partnerships will promote used oil recycling and provide public education designed to eliminate the contamination caused by improper disposal of used oil. This block grant is a non-competitive grant which would allow the City to continue the primary components of the used oil recycling program into the next fiscal year. The State's deadline for filing the grant application is December 16, 1994. RECOMMENDATION: Adopt the resolution as requested by the State. BOARD/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission (RCC) will have an opportunity to comment on the grant application at the meeting scheduled for December 12, 1994. A verbal report regarding the RCC's comments can be made to Council at the December 13, 1994 meeting. DISCUSSION: This application for a used oil block grant requests funds to continue the program funded by the previous used oil grants. The proposed program is outlined in the attached application ?~I Page 2, Item 7 Meeting date 12/13/94 (Attachment A) and has three primary elements. First, this application is a "regional application" that includes the Cities of Chula Vista, Imperial Beach and National City. Chula Vista is the proposed designated jurisdiction and will receive up to $73,130 in funds allocated to the region (Imperial Beach: $8,792, National City; $17,458 and Chula Vista; $46,880) and will act on behalf of the region's participating jurisdictions, as it does with the current used oil grants. Imperial Beach and National City are adopting similar resolutions that authorize Chula Vista as the designated jurisdiction. The second grant element provides $45,000 to continue the operational support of the state certified used oil recycling centers established under the previous grants. The operational support will focus on re-stocking centers with free used oil recycling containers and maintaining promotional activities. The final element provides $28,130 that allows the City Conservation Coordinator to provide supplies, materials, media coverage and public education to support the program. The total grant request is $73,130. No local matching funds are required by the State and none are recommended. FISCAL IMPACT: There is no additional fiscal impact as a result of the recommended action to adopt the attached resolution. Should the grant be awarded, staff will return to the City Council for acceptance of the grant and approval of the service agreement, final grant budget and conditions. If the grant award is then approved by Council the City will receive up to $73,130 to continue the used oil recycling program. The program does not require matching funds and has been written to cover any costs required by the program's implementation. mtm2 a:blk95-96.cas Attachment '}- ,2. RESOLUTION NO. /775p RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMITTAL OF A USED OIL BLOCK GRANT APPLICATION IN THE AMOUNT OF $73,130 TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR FISCAL YEAR 1995-96 WHEREAS, the people of the State of California have enacted the California oil Recycling Enhancement Act that provides funds to cities and counties for establishing and maintaining local used oil collection programs that encourage recycling or appropriate disposal of used oil; and WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by cities and counties under the program; and WHEREAS, the applicant will enter into an agreement with the State of California for developm~nt of the project; and NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista authorizes the submittal of a regional application on behalf of the cities of National city, Imperial Beach and Chula vista to the California Integrated Waste Management Board for a 1995/95 Used oil Recycling Block Grant. BE IT FURTHER RESOLVED that upon receipt of an authorizing resolution from Imperial Beach and National City, the city Manager of the City of Chula vista, or his designee, is hereby authorized and empowered to execute in the name of the above named cities all necessary applications, contracts, agreements and amendments hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. BE IT FURTHER RESOLVED that the city Manager shall advise the city council if and when he uses the authority of this resolution to execute documents, and shall provide a copy of such documents to the Council by informational memo, preferably in advance of the use of the authority. Presented by Ap ro ed as ~A fO~ Michael Meacham, Conservation Coordinator Bruce M. Attorney c: \rs\grant .oil 7<3 / 7 - 'I California Used Oil Recycling Block Grants Local Used Oil Collection Program Report BACKGROUND: Local Used Oil Disposal Problems: The Cities of Chula Vista, Imperial Beach and National City (Region) comprise most of the enclosed portion of South San Diego Bay. The Region has an estimated 1,500 businesses that sell and/or generate motor oil. A significant part of the Region's total households own more than one vehicle. Many households also own recreational vehicles, boats and other motorized items that generate used oil. The Region has less than a dozen facilities that accept used motor oil from the public. The improper disposal of used oil in storm drains has a particularly devastating effect on the Region. Most of the storm drains for city and county streets from downtown San Diego to the border drain into San Diego Bay and are captured in the enclosed South Bay. Approximately one million residents potentially utilize their gutters and storm drains as the only convenient means of used oil disposal. Between Chollas Creek and the Tijuana River there are at least four additional rivers and creeks that support hundreds of acres of National Wildlife Refuge and wetlands. The wetlands and bay wildlife depend on the waterways and are threatened by the used oil and other hazardous wastes they can transport. Jurisdictions' Population: The City of Chula Vista is the second most populated city in San Diego County with approximately 150,000 residents. National City has approximately 50,000 residents and Imperial Beach approximately 25,000 residents. The greater South Bay area serves as home, work and retail center to more than 1,000,000 people from the United States and Tijuana, Mexico. Existing Used Oil Collection Opportunities: Prior to Used Oil Recycling Grant opportunities there were only two businesses in the Region that have completed the certification process, neither of which promoted their used oil collection programs. There are approximately ten additional non-certified centers in the Region that are known to accept motor oil from the public. These centers are not well publicized and tend to be located in dense commercial areas that are not convenient for many generators. The Region is in the process of recruiting, certifying and promoting as many as 30 certified centers that will be promoted through: local media, point of purchase displays, movie theatres, newsletters, prize incentives and much more. The program also includes an extensive public education program that will reach thousands of students, consumers, retail centers and used oil generating businesses throughout the region. 2/~f County-Wide Household Hazardous Waste Element (HHW): The Region has paid an additional per ton tipping fee to San Diego County for the HHW Round Up Program for the past several years. HHW Round Ups accept used oil. The County typically schedules annual roundups in National City and Imperial Beach. The County does not schedule roundups in Chula Vista, but expects Chula Vista residents to take their motor oil and other HHW to the County I s HHW subcontractor which is located in a remote part of the City. The County I s records indicate that the contractor receives less than 2 % of Chula Vista's total HHW waste stream of which only a part is used motor oil. 3 7-'~ PROGRAM DESCRIPTION AND GOALS: Program Description, South Bay Used Oil Recycling Program: Providing every household with a convenient recycling opportunity is the first step in eliminating improper disposal and eliminating used oil as a threat to the Region's waterways and wildlife habitat. With the help of previous used oil grants from the California Integrated Waste Management Board, Chula Vista, Imperial Beach and National City (Region) are in the process of establishing 30 certified used oil recycling centers. With the assistance of previous used oil grants the region is encouraging businesses to certify as used oil recycling centers by: 1) offering technical assistance to complete a certification application, 2) providing free used oil recycling containers for distribution to their customers, 3) referring customers to certified centers through the recycling information telephone line, 4) referring customers to certified centers through point of purchase information, and 5) referring customers to certified centers through newspaper advertisements and other media promotions. The goals of this process are to: A) certify and maintain a minimum of twelve (12) and as many as thirty (30) used oil centers throughout the region, B) pledge that the centers are sufficient in quantity and geographic distribution to assure that every resident of the region has a convenient opportunity to participate in the program, C) provide public information and incentives that will make used oil generators want to recycle their used oil, and D) educate a future generation about used oil recycling opportunities and the impacts of improper disposal of used oil. This block grant will provide funding for the 1995/96 to continue technical support to the centers established under the previous opportunity grant, and to continue to provide the items listed above as lthrough 5 and A though D (a complete copy of the previous grants program discriptions and work statements will be made available if requested). It is the region's intent: to maintain the number and distribution of centers needed to optimally serve the public, to provide current generators with the information and opportunity to recycle used oil and to educate the next generation to prevent the impacts of improper disposal of used oil. This program emphasizes a cooperative effort between the Cities of Chula Vista, Imperial Beach and National City, and the Urban Corps of San Diego. The agencies will work together and utilize their considerable resources to develop and implement a program through which the Region and State will take great pride. 4 7-7 ATTACHMENT A EXHIBIT A State of California California Integrated Waste Management Board APPLICATION COVER SHEET 1994/95 USED OIL RECYCLING BLOCK GRANT / THIRD CYCLE CIWMB-306 (9/92) South Bay San Diego Regional Used Oil Recycling Program (Chula Vista. designated jurisdiction) Name of Applicant 276 Fourth Avenue Address Chula Vista City 91910 Zip Stephanie Snyder Name of Program Director Principal Management Assistant. City of Chula Vista (619) 691-5031 Title Phone Carole French Name of Finance Officer Accountant. Accounts Payable. City of Chula Vista (619) 691-5051 Title Phone Michael T. Meacham Name of Grant Administrator Conservation Coordinator. City of Chula Vista (619) 691-5122 Title Phone (619) 585-9118 Urant Aamlntstrator 1<ax Number Program Summary (1-4 sentences): The Used Oil Block Grant application is a regional program that includes Imperial Beach, National City and Chula Vista as the designated jurisdiction, and continues the region's comprehensive used oil recycling program which is being established through the previous used oil opportunity and block grant cycles. The proposed block grant will concentrate on providing technical support to up to 30 certified centers, distribution of used oil recycling containers and maintaining the promotional and educational activities that support used oil recycling. The project theme focuses on preservation of the local watershed through proper disposal of used oil. Total Grant Request: $ 73.130 Certification: I declare, under penalty of perjury, that all information submitted for the CIWMB' s consideration for allocation of grants funds is true and accurate to the best of my knowledge an belief. Name of Person Authorized by Resolution: Signature: Title: City Manager John D. Goss Date: Phone: (619) 691-5031 7" g/ / EXHIBIT J MAXIMUM BLOCK GRANT AWARDS BY JURISDICTION FOR FISCAL YEAR 1994/95 Population figures for counties are for the unincorporated area only. Compiled from "Population Estimates for Califomia Cities and Counties, Report 94 E-1, January 1, 1994." Sacramento: Department of Finance, Demographic Research Unit, May 1994. This report is available free by calling (916) 322-4651. Adelanto $3,768.00 Campbell $11,790.70 East Palo Alto $7,724.40 Hughson $1,114.70 Agoura Hills $6,594.00 Canyon Lake $3,328.40 EI Cajon $28,98220 Humboldt County $21,195.00 Alameda $25,057.20 Capitola $3,281.30 EI Centro $11,523.80 Huntington Beach $59,408.80 Alameda County $38,936.00 Carlsbad $21,320.60 EI Cerrito $7,410.40 Huntington Park $18,400.40 Albany $5,463.60 Carmel $1,387.88 EI Dorado County $35,199.40 Huron $1,781.95 Alhambra $27,098.20 Carpinteria $4,537.30 EI Monte $34,854.00 Imperial $1,923.25 Alpine County $364.24 Carson $27,098.20 EI Segundo $4,914.10 Imperial Beach $8,792.00 Alturas $1,058.18 Cathedral City $10,974.30 Emeryville $2,025.30 Imperial County $10,362.00 Amador $65.94 Ceres $9,482.80 Encinitas $18,212.00 Indian Wells $973.40 Amador County $5,997.40 Cerritos $17,018.80 Escalon $1,601.40 Indio $13,219.40 Anaheim $91,279.80 Chico $14,679.50 Escondido $36,706.60 Industry $213.52 Anderson $2,755.35 Chino $19,719.20 Etna $263.76 Inglewood $35.670.40 Angels Camp $910.60 Chino Hills $14,836.50 Eureka $8.80770 Inyo County $4,804.20 Antioch $22,702.20 Chowchilla $2,103.80 Exeter $2,551.25 lone $2,237.25 Apple Valley $16,799.00 Chula Vista $46,880.20 Fairfax $2,237.25 Irvine $38,056.80 Arcadia $15,637.20 Claremont $10,424.80 Fairfield $27,161.00 Irwindale $332.84 Arcata $4,976.90 Clayton $2,700.40 Farmersville $2,190 15 Isleton $270.04 Arroyo Grande $4,757.10 Clearlake $3,893.60 Femdale $427.04 Jackson $1,215.18 Artesia $5,055.40 Cloverdale $1,719.15 Fillmore $4,050.60 Kerman $2,048.85 Arvin $3,312.70 Clovis $19,311.00 Firebaugh $1,687.75 Kern County $89,427.20 Atascadero $7,645.90 Coachella $6,264.30 Folsom $12,512.90 King City $2,857.40 Atherton $2,284.35 Coalinga $3,006.55 Fontana $32,404.80 Kings County $11,351.10 Atwater $7,426.10 Colfax $449.02 Fort Bragg $1,970.35 Kingsburg $2,614.05 Auburn $3,642.40 Colma $370.52 Fort Jones $204.10 La Canda Flintridge $6,185.80 Avalon $995.38 Colton $14,161.40 Fortuna $2,975.15 La Habra $16,987.40 Avenal $3,783.70 Colusa $1,656.35 Foster City $9,168.80 La Habra Heights $2,041.00 Azusa $13,470.60 Colusa County $2,990.85 Fountain Valley $17,270.00 La Mesa $17,772.40 Bakersfield $63,365.20 Commerce $3,893.60 Fowler $1,202.62 La Mirada $13,894.50 Baldwin Park $22,608.00 Compton $28,762.40 Fremont $57,964.40 La Palma $4,929.80 Banning $7,488.90 Concord $35,764.60 Fresno $126,259.40 La Puente $12,340.20 Barstow $7,127.80 Contra Costa County $53,442.80 Fresno County $53,913.80 La Quinta $5,228.10 Beaumont $3,359.80 Corcoran $4,678.60 Fullerton $38,151.00 La Verne $9,891.00 Bell $11,241.20 Corning $1,946.80 Galt $4,364.60 Lafayette $7,504.60 Bell Gardens $13,721.80 Corona $29,673.00 Garden Grove $47,665.20 Laguna Beach $7,520.30 Bellflower $20,064.60 Coronado $8,258.20 Gardena $16,924.60 Laguna Hills $7,944.20 Belmont $7,991.30 Corte Madera $2,676.85 Gilroy $10,440.50 Laguna Niguel $16,987.40 Belvedere $697.08 Costa Mesa $32,153.60 Glendale $59,722.80 Lake County $12,355.90 Benicia $8,525.10 Cotati $2,041.00 Glendora $15,652.90 Lake Elsinore $7,583.10 Berkeley $32,938.60 Covin a $13,957.30 Glenn County $4,584.40 Lake Forest $18,369.00 Beverly Hills $10,236.40 Crescent City $2,763.20 Gonzales $1,821.20 Lakeport $1,482.08 Big Bear Lake $1,821.20 Cudahy $7,457.50 Grand Terrace $4,191.90 Lakewood $23,644.20 Biggs $527.52 Culver City $12,387.30 Grass Valley $3,030.10 Lancaster $36,267.00 Bishop $1,124.12 Cupertino $13,329.30 Greenfield $2,739.65 Larkspur $3,768.00 Blue Lake $401.92 Cypress $14,444.00 Gridley $1,541.74 Lassen County $5,275.20 Blyth e $4,097.70 Da Iy City $31,148.80 Grover Beach $3,909.30 Lathrop $2,645.45 Bradbury $266.90 Dana Point $10,942.90 Guadalupe $1,907.55 Lawndale $9,027.50 Brawley $6,829.50 Danville $10,974.30 Gustine $1,299,96 Lemon Grove $7,881.40 Brea $10,864.40 Davis $16,139.60 Half Moon Bay $3,218.50 Lemoore $4,804.20 Brentwood $3,281.30 Del Mar $1,593.55 Hanford $11,256.90 Lincoln $2,512.00 Brisbane $982.82 Del Norte County $6,280.00 Hawaiian Gardens $4,474.50 Lindsay $2,818.15 Buena Park $22,890.60 Del Ray Oaks $530.66 Hawthorne $23,361.60 Live Oak $1,601.40 Burbank $30,991.80 Delano $9,404.30 Hayward $38,433.60 Livermore $19,750.60 Burlingame $8,792.00 Desert Hot Springs $4,521.60 Healdsburg $3,077.20 Livingston $3,187.10 Butte County $33,943.40 Diamond Bar $17,113.00 Hemet $16,579.20 Lodi $16,924.60 Calabasas $5,557.80 Dinuba $4,458.80 Hercules $5,934.60 Loma Linda $6,688.20 Calaveras County $10,911.50 Dixon $3,909.30 Hermosa Beach $5,871,80 Lomita $6,170.10 Calexico $7,441.80 Dorris $282.60 Hesperia $18,588.80 Lompoc $12,826.90 Ca Iifornia City $2,747.50 Dos Palos $1,391.02 Hidden Hills $580.90 Long Beach $137,155.20 Calimesa $2,323.60 Downey $29,767.20 Highland $12,403.00 Loomis $1,931,10 Calipatria $2,268.65 Duarte $6,688.20 Hillsborough $3,485.40 Los Alamitos $3,815,10 Calistoga $1,482.08 Dublin $8,242.50 Hollister $7,065.00 Los Altos $8,572.20 Camarillo $17,741.00 Dunsmuir $681.38 Hortville $1,750.55 Los Altos Hills $2,441.35 7-'9 ()V .~~ << Los Angeles $1,136,837.00 Los Angeles County $302,005.20 Los Banos $5,887.50 Los Gatos $9,027.50 Loyalton $288.88 Lynwood $20,190.20 Madera $10,644.60 Madera County $20,441.40 Malibu $3,563.90 Mammoth Lakes $1,742.70 Manhattan Beach $10,393.40 Manteca $13,894.50 Maricopa $398.78 Marin County $21,132.20 Marina $6,154.40 Mariposa County $5,039.70 Martinez $11,162.70 Marysville $4,019.20 Maywood $9,058.90 McFarland $2,394.25 Mendocino County $18,212.00 Mendota $2,417.80 Menlo Park $9,388.60 Merced $19,091.20 Merced County $24,146.60 Mill Valley $4,270.40 Millbrae $6,672.50 Milpitas $18,180.60 Mission Viejo $27,066.80 Modesto $56,614.20 Modoc County $2,213.70 Mono County $1,766.25 Monrovia $11,790.70 Montague $458.44 Montclair $9,467.10 Monte Sereno $1,055.04 Montebello $19,122.60 Monterey $10,330.60 Monterey County $32,907.20 Monterey Park $19,813.40 Moorpark $8,525.10 Moraga. $5,212.40 Moreno Valley $42,295.80 Morgan Hill $8,258.20 Morro Bay $3,140.00 Mount Shasta $1,146.10 Mountain View $22,294.00 Murrieta $9,859.60 Napa $20,818.20 Napa County $9,184.50 National City $17,458.40 Needles $1,852.60 Nevada City $920.02 Nevada County $23,424.40 Newark $12,403.00 Newman $1,781.95 Newport Beach $21,760.20 Norco $7,755.80 Norwalk $30,552.20 Novato $15,401.70 Oakdale $4,490.20 Oakland $120,607.40 Oceanside $45,655.60 Ojai $2,488.45 Ontario $45,184.60 Orange $37,052.00 Orange County $37,052.00 Orange Cove $1,938.95 Orinda $5,369.40 Orland $1,750.55 Oroville $3,972.10 Oxnard $47,696.60 Pacific Grove $5,290.90 Pacifica $12,308.80 Palm Desert $8,556.50 Palm Springs $13,329.30 Palmdale $30,866.20 Palo Alto $18,24340 Palos Verdes Estates $4,286.10 Paradise $8,462.30 Paramount $16,547.80 Parlier $2,865.25 Pasadena $42,327.20 Paso Robles $6,578.30 Patterson $3,006.55 Perris $9,482.80 Petaluma $14,773.70 Pico Rivera $19,028.40 Piedmont $3,485.40 Pinole $5,746.20 Pismo Beach $2,504.15 Pittsburg $15,951.20 Placentia $13,847.40 Placer County $28,668.20 Placerville $2,771.05 Pleasant Hill $10,063.70 Pleasanton $17,395.60 Plumas County $5,903.20 Plymouth $263.76 Point Arena $128.74 Pomona $43,520.40 Port Hueneme $6,860.90 Po rterville $10,691.70 Portola $693.94 Portola Valley $1,365.90 Poway $14,663.80 Rancho Cucamonga $36,110.00 Rancho Mirage $3,359.80 Rancho Palos Verdes $13,250.80 Red Bluff $4,082.00 Redding $24,115.20 Redlands $20,818.20 Redondo Beach $19,687.80 Redwood City $22,137.00 Reedley $5,934.60 Rialto $25,120.00 Richmond $29,076.40 Ridgecrest $9,388.60 Rio Dell $948.28 Rio Vista $1,155.52 Ripon $2,692.55 Riverbank $4,003.50 Riverside $76,678.80 Riverside County $120,356.20 Rocklin $8,038.40 Rohnert Park $1,224.60 Rolling Hills $599.74 Rolling Hills Estates $2,519.85 Rosemead $16,893.20 Roseville $17,584.00 Ross $697.08 Sacramento $123,559.00 Sacramento County $214,242.20 Salinas $37,617.20 San Anselmo $3,799.40 San Benito County $5,275.20 San Bernardino $57,901.60 San Bernardino Co. $89,678.40 San Bruno $12,685.60 San Carlos $8,650.70 San Clemente $14,145.70 San Diego $372,027.20 San Diego County $136,904.00 San Dimas $10,644.60 San Femando $7,441.80 San Francisco $235,814.00 San Gabriel $12,151.80 San Jacinto $7,536.00 San Joaquin $872.92 San Joaquin County $40,945.60 San Jose $262,347.00 San Juan Bautista $511.82 San Juan Capistrano $8,886.20 San Leandro $22,482.40 San Luis Obispo $13,721.80 San LUIS ObiSpo County$30,363.80 San Marcos $14,444.00 San Marino $4,097.70 San Mateo $28,385.60 San Mateo County $19,185.40 San Pablo $8,226.80 San Rafael $16,547.80 San Ramon $12,434.40 Sand City $62.80 Sanger $5,824.70 Santa Ana $97,465.60 Santa Barbara $28,008.80 Santa Barbara County $51,715.80 Santa Clara $30,489.40 Santa Clara County $34,037.60 Santa Clarita $40,443.20 Santa Cruz $16,233.80 Santa Cruz County $42,107.40 Santa Fe Springs $4,882.70 Santa Maria $21,289.20 Santa Monica $28,197.20 Santa Paula $8,430.90 Santa Rosa $39,218.60 Santee $17,270.00 Saratoga $9,011.80 Sa usa lito $2,331.45 Scotts Valley $2,967.30 Seal Beach $8,179.70 Seaside $9,906.70 Sebastopol $2,355.00 Selma $5,432.20 Shafter $3,501.10 Shasta County $24,366.40 Sierra County $791.28 Sierra Madre $3,438.30 Signal Hill $2,763.20 Simi Valley $32,561.80 Siskiyou County $7,661.60 Solana Beach $4,223.30 Solano County $6,499.80 Soledad $4,835.60 Solvang $1,585.70 Sonoma $2,731.80 Sonoma County $48,921.20 Sonora $1,381.60 South EI Monte $6,735.30 South Gate $27,914.60 South Lake Tahoe $7,237.70 South Pasadena $7,630.20 South San Francisco $17,960.80 SI. Helena $1,758.40 Stanislaus County $32,028.00 Stanton $10,126.50 Stockton $71,811.80 Suisun City $7,787.20 Sunnyvale $38,998.80 Susanville $3,925.00 Sutter County $10,817.30 Sutter Creek $634.28 Taft $2,088.10 Tehachapi $2,127.35 7-/tJ. Tehema Tehema County Temecula Temple City Thousand Oaks Tiburon Torrance Tracy Trin idad Trinity County Tulare Tulare County Tulelake Tuolumne County Turlock Tustin Twentynine Palms Ukiah Union City Upland Vacaville Vallejo Ventura Ventura County Vemon Victorville Villa Park Visalia Vista Walnut Walnut Creek Wasco Waterford Watsonville Weed West Covin a West Hollywood West Sacramento Westlake Village Westminster Westmorland Wheatland Whittier Williams Willits Willows Winters Wood lake Woodland Woodside Yolo County Yorba Linda Yountville Yreka Yuba City Yuba County Yucaipa Yucca Valley $131.88 $11,005.70 $11,44530 $10.110.80 $34,63420 $2,582.65 $42,923.80 $13,219.40 $11618 $4,33320 $12,340.20 $44,996.20 $320.28 $15,229.00 $15,10340 $18,777.20 $4,662.90 $4,725.70 $18,086.40 $21,195.00 $25,905.00 $36,455.40 $30,458.00 $28,919.40 $25.12 $17,960.80 $2,017.45 $28,071.60 $24,963.00 $9,686.90 $19,750.60 $5,589.20 $1,970.35 $10,409.10 $1,007.94 $31,337.20 $11,633.70 $9,592.70 $2,402.10 $25,622.40 $502.40 $606.02 $25,308.40 $929.44 $1,601.40 $1,986.05 $1,563.72 $1,970.35 $13,329.30 $1,648.50 $6,735.30 $18,023.60 $1,102.14 $2,276.50 $10,550.40 $15,323.20 $11,633.70 $5,761.90 COUNCIL AGENDA STATEMENT SUBMITTED BY: Item 8'" Meeting Date 12/13/94 Resolution /77S J Accepting bids and awarding contract for "Palm Canyon Sewer Reconstruction from Max Avenue to Lorna Lane in the City of Chula Vista, CA (SW-200)" Director of PUb~C wor~ City Manage~ b.k~ (4/5ths Vote: Yes_No-X) U ..-/7 ITEM TITLE: REVIEWED BY: At 2:00 pm on November 9, 1994, in Conference Rooms 2 & 3 of the Public Services Building, the Director of Public Works received bids for "Palm Canyon Sewer Reconstruction from Max Avenue to Lorna Lane in the City of Chula Vista, CA (SW-200)." The work consists of replacing an existing 8" virtified clay pipe sewer main with a new 12" sewer main from Max Avenue to Lorna Lane and installing a new 8" sewer main through the intersection of Orange Avenue and Lorna Lane (see Exhibit A). The work includes excavation and grading, deep lift asphalt concrete pavement, mobilization, shoring, replacement of existing manholes, reconstruction of base of existing manholes, new sewer manholes, sewer laterals, sewer lateral connections, traffic control, crushed aggregate base, concrete drainage structures, preservation and restoration of property, and other miscellaneous work specified in the specifications and shown on the plans. RECOMMENDATION: That Council approve the resolution accepting bids and awarding contract for "Palm Canyon Sewer Reconstruction from Max Avenue to Lorna Lane in the City of Chula Vista" to TC Construction in the amount of $163,761.20. BOARDS/COMMISSIONS RECOMMENDA TION: Not applicable. DISCUSSION: Funds for the subject project were included in the FY 1989-90 CIP project budget (SW-200). Additional funds were appropriated in the FY 1991-92 CIP project budget (SW-200) The project was included in the budget to handle the excess sewer flow and provide reserve capacity for ultimate development. Bids for construction of this project were received from ten contractors as follows: g',/ Page 2, Item 1 Meeting Date 12/13/94 I .............. ....................... <) >< ...........>>.........Bh.... / ........ << < 1. TC Construction - Santee $163,761.20 2. Arrieta Construction - El Cajon $169,982.50 3. Cass Construction - El Cajon $191,000.00 4. Kay Construction - Quail Valley $196,266.00 5. Ortiz Corporation - Chula Vista $214,185.00 6. SCW Contracting - Fallbrook $214,335.48 7. Overson-Rand Corp. - Lakeside $218,990.00 8. Drainage Construction Co. - Vista $230,269.60 9. Civil Constructors - El Cajon $232,717.00 10. Cobra Engineering - Poway $237,780.00 The low bid by TC Construction of $163,761.20 is below the Engineer's estimate of $205,780.00 by $42,018.80 or 20%. Staff received an excellent bid for the proposed work. The Engineer's estimate was based on the average of previous bids that were received for similar projects. Disclosure Statement Attached is a copy of the contractor's disclosure statement (Exhibit B). Environmental Status The City's Environmental Review Coordinator has reviewed the work involved in this project and determined the project is exempt under Section 15302, Class 2 of the California Environmental Quality Act (reconstruction of existing structure and facility). Prevailing Wage Statement The source of funding for this project is Trunk Sewer Capital Reserve. Contractors bidding this project were not required to pay prevailing wages to persons employed by them for work under this contract. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the notice to contractors to various minority trade publications. ~-:2- Page 3, Item t Meeting Date 12/13/94 Financial Statement TOTAL $163,761.20 $23,000.00 $3,750.00 $1,500.00 $1,000.00 $16,376.12 $209,387.32 A. Contract Amount B. Staff (Design & Inspection) C. Water Service Relocation (Sweetwater Authority) D. SDG&E Facility Relocation E. Material Testing F. Contingencies (10% of Contract amount) A. Palm Canyon Basin Parallel Sewer (SW200) TOTAL $209,397.32 $209,387.32 FISCAL IMP ACT: After construction, only routine City maintenance to the sewer main will be required. Attachments: Exhibit A - Exhibit B - Locator Map Contractor Disclosure Statement MAA:sb File No SW-200 m:\home\engineerlagenda\pahncyn.maa '('"'3 / 8 -if RESOLUTION NO. /7751 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BID AND AWARDING CONTRACT FOR "PALM CANYON SEWER RECONSTRUCTION FROM MAX AVENUE TO LOMA LANE IN THE CITY OF CHULA VISTA, CA. (SW-200)" WHEREAS, at 2:00 pm on November 9, 1994, in Conference Rooms 2 & 3 of the Public Services Building, the Director of Public Works received the following ten bids for "Palm Canyon Sewer Reconstruction from Max Avenue to Lorna Lane in the City of Chula Vista, CA (SW-200): // ... ........ ... ..... ..... .......... I .......... i> .D.... . Bid ....... 1. TC Construction - Santee $163,761. 20 2. Arrieta Construction - El Cajon $169,982.50 3. Cass Construction - El Cajon $191,000.00 4. Kay Construction - Quail Valley $196,266.00 5. Ortiz Corporation - Chula vista $214,185.00 6. SCW contracting - Fallbrook $214,335.48 7. Overson-Rand Corp. - Lakeside $218,990.00 8. Drainage Construction Co. - vista $230,269.60 9. civil Constructors - El cajon $232,717.00 10. Cobra Engineering - poway $237,780.00 WHEREAS, the low bid by TC Construction of $163,761.20 is below the Engineer'S estimate of $205,780.00 by $42,018.80 or 20%; and WHEREAS, the city's Environmental Review Coordinator has reviewed the work involved in this proj ect and determined the project is exempt under section 15302, Class 2 of the California Environmental Quality Act (reconstruction of existing structure and facility); and WHEREAS, the source of funding for this project is Trunk Sewer Capital Reserve and contractors bidding this project were not required to pay prevailing wages to persons employed by them for work under this contract; and 1 ~.5 WHEREAS, no special minority or women owned business requirements were necessary as part of the bid documents but disadvantaged businesses were encouraged to bid through the sending of the notice to contractors to various minority trade publications. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept the low bid of TC construction as responsive and awards the contract for "Palm Canyon Sewer Reconstruction from Max Avenue to Lorna Lane in the City of Chula vista" to TC Construction in the amount of $163,761.20. BE IT FURTHER RESOLVED that Chula vista is hereby authorized and contract for and on behalf of the City the Mayor of the City of directed to execute said of Chula vista. /1 APpt a~o f rm:y Presented by John P. Lippitt, Director of Public Works Bruce M. Attorney , City C:\rs\palacny.sew 2 ~'b t X/-//8// // 1 /; /t LOCATOR MAP PALM CANYON SEWER I ~ N .. S I I FASr ORANGE AVE. I PROJECT SITE VICINITY MAP NO SCALE ~7 TIlE CITY OF CHULA VISTA DISCLOSURE STATEMENT ~\ EX/Ij 8/7{B) " 'You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or I.:ampaignl.:ontributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: I. List the names of all persons having a financial interest in the property which is the subject of the application or the Contract , e.g., owner, applicant, Contractor, subcontractor, material supplier. NOhA 2. If any person- identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. ~A 3. If any person- identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. -'lJ-'t I 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve month? Yes _ No.x. If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you have assigned to represent you before the City in this matter. , 'I Jn~n F~J. Ui\l/\I\ 1II l'JM..inJltr I{!FD .. . .9u~ 'SMtdIm,f~~rtE~rhtl~ ~h.i,"~" t1nMnrif), Ai+lj. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes _ No j(If yes, state which Council members(s): · · · (NOTE: Attached additional 'Date: I \-ll-qL\ I Print or type name of Contractorl Applicant · l!mJm. is defined as: -Any individual, firm, co-partnership, joint venture, association, social club, fraternal organi1lJtion, corporation, estate, trust, receiver, syndicate, this and any other county, city or country, city municipality, district, or other political subdivision, or any other group or combination acting as a unit. 20 g'_ ?" ITEM TITLE: A. 8. COUNCIL AGENDA STATEMENT Item 9 . Meeting Date 12/13/94 c. Resolution 1'?75~ Approving Final Map and Subdivision Improvement Agreement and Authorizing the Mayor to Sign the Map and Execute said Agreement for Chula Vista Tract 94-02, Cornerstone Communities at Rancho del Rey Resolution /7 ?53 Approving the Supplemental Subdivision Improvement Agreement for Chula Vista Tract 94-02, Cornerstone Communities at Rancho del Rey, and Authorizing the Mayor to Execute Same Resolution I ? 7.5'7' Authorizing the Mayor to Execute Deeds Quitclaiming any Title Interest of the City in Properties to be Owned by the Developer after Recordation of the Map Director of Public worl(Sil City Managecti ~~4/5ths Vote: Yes_Nol\.J On August 16, 1994, by Resolution 17621, the City Council approved the Tentative Subdivision Map for Chula Vista Tract 94-02, Cornerstone Communities at Rancho del Rey. The final map for this tentative map is now before Council for approval. SUBMITTED BY: REVIEWED BY: RECOMMENDATION: That Council: 1) adopt the resolution approving the final map and the subdivision improvement agreement and authorizing the Mayor to sign said agreement; 2) adopt the resolution approving the supplemental subdivision improvement agreement and authorize the Mayor to execute same; 3) adopt the resolution authorizing the Mayor to sign quit claim deeds. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The project is generally located at the southeasterly corner of Rancho del Rey Parkway and Del Rey Boulevard. The map now before Council represents a detached condominium project consisting of 200 units on 26 residential lots, 4 common recreational lots, 3 open space lots and 8 lots reserved for private street purposes (see Exhibit A). 9-/ Page 2, Item t; Meeting Date 12/13/94 This map further subdivides Lot 119 of Map No. 12504 (Rancho del Rey Phase 6 Unit No.2). The development plan for this subdivision requires minor adjustments to the Lot B created by Map No. 12504 and granted to the City for open space and other public purposes. The proposed adjustments require an exchange of property between the City and the developer. The exchange involves the City granting 0.162 acres of open space from Lot B to the developer and the developer granting 0.704 acres (Lot C) to the City for open space or other purposes as shown on Exhibit B. Because Lot B is a part of this subdivision, the City must sign the final map as owner of Lot B in accordance with the Municipal Code and the Subdivision Map Act. Council authorization is needed for the Mayor to sign the owners' certificate on the final map on behalf of the City as the owner of Lot B and to sign quit claim deeds for those lots of the subdivision which include the open space being granted to the developer. The quit claim deeds are necessary to clear the title of the properties to be owned by the developer after recordation of the map. The final map for Cornerstone Communities at Rancho del Rey, Chula Vista Tract 94- 02 has been reviewed by the Public Works Department and found to be in substantial conformance with the approved tentative map. Approval of the final map constitutes acceptance on behalf of the City Lots A, B, and C for open space and other public uses, general access easements, utility construction and maintenance easements, sewer facility construction and maintenance easements, and a 10' general utility easement within Lot A all as shown on the final map. The developer has executed a Subdivision Improvement Agreement for this map and has also executed a Supplemental Subdivision Improvement Agreement to satisfy Conditions of Approval Nos. 18-22 for the Chula Vista Tract 94-02 Tentative Map. Staff has reviewed said agreements and has found them adequate and ready for acceptance by Council. All other conditions of approval have been satisfied. The developer has requested that the City approve the final map prior to submittal of security instruments (bonds) in accordance with Section 18.16.100 of the Municipal Code. This section provides for the bonds to be filed within 60 days from the date Council approves the final map. The map would not be released for recordation until the bonds are submitted to the City. In the event that the 60 day time frame is exceeded, approval of the final map is voided. FISCAL IMPACT: None. All Staff costs associated with processing of improvement plans and final map will be reimbursed from developer deposits. Attachments: Exhibit A - Plat of Cornerstone at Rancho del Rey Exhibit B - Plat of Adjustment of Open Space Exhibit C - Resolution 17621 & Minutes of 8/16/94 (excerpt) /J 0 r .s t! A A.I ~ E: 1> Exhibit D - Escrow Instructions Exhibit E - Disclosure Statement /1/ t:;) r ~t!.A-.;O N E /) File: EY-390 F:\HOMEIENGINEERIAGENDA \SUNLNDFM.lmc 9.,,2 I 0. .... )... i ~ ~ i .. .... :! ~ ... ... Cb A3H uo ~ tl J / 9-:'-1 . J~ -#4. ~ :t: OG) ~ I W - '- ~- ~ CD!:::> ~ .ZW ~ 0:)0: \j Z ~..J ....~w 000, <COO 0: W:I: ""ZO -C:Oz t-f-c( Cl)0a: -a: >w -C:Z ..J~ ::)0 J:O o f \ , " ,. " " C) ~ ~ ~ ~ \i) I ~ ~ 8 ~ , 8 ~ , ~A: ~ ~ ~ ~~ ~ ~ t:i~ ~~ ...., ~~ c:f)~ ~ :ijt:i ~~~ ~~ ::ti~ ~ I-..-~c:t: ~ I ~~~ ~ ~~~ Q;j ~ ~ ,,~~ ~~ . ~~~ ~g: ~ ~~~ ~ ~~ ~ ~~ct: ~ ~t:i ~ ~~ ~ c:s!;! ~ ~~ as ~a ~~ ~ Cl ~ ,. ~ ~ .oor ==.1 .~ ~ 51.};/' /c;-c. E;XHtBITC \. RESOLUTION NO. 17621 A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING AN AMENDMENT TO THE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) I PLAN AND A TENTATIVE SUBDIVISION MAP FOR 16.9 ACRES. LOCATED AT THE SOUTHEAST CORNER OF RANCHO DEL REY PARKWAY AND DEL REY BOULEVARD WHEREAS, the property which is the subject matter of this resolution is 16.9 acres located at the southeast corner of Rancho del Rey Parkway and Del Rey Boulevard ("Property"); and, WHEREAS, duly verified applications for a tentative subdivision map and an amendment to SPA I for the property were filed with the Planning Department of the City of Chula Vista on April 28, 1994 by Sunland Communities, and Rancho Del Rey Partnership L.P.; and, WHEREAS, said applications requested (1) an amendment to reclassify the Property from Single Family Attached to Single Family Detached Townhomes, (2) a 20 unit density transfer on to the site, and (3) approval of a tentative subdivision map to subdivide the Property into 41 lots containing a total of 200 dwelling units; and, WHEREAS, the City has previously adopted EIR.87-Q1 for the Rancho Del Rey SPA I area, including the area to be amended and subdivided; and, WHEREAS, the City Council considered the Final Environmental Impact Report.87.1 Rancho del Rey SPA I (FEIR) and the addendum thereto for the SPA amendment and Tentative Subdivision Map ("FEIR.87.1 Rancho del Rey SPA I. S",land Rancho Del Rey") pursuant to Section 15164 of the California Environmental Quality Act; and, WHEREAS, the Planning Commission held a public hearing on July 27, 1994 and voted 6.0 to recommend that the City Council approve the SPA amendment and Tentative Subdivision Map; and, -WHEREAS, the City Clerk set the time and place for a hearing on said amendment and tentative map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1000 feet of the exterior boundaries of the property tit "ast ten days prior to the hearing; and, - f. WHEREAS, the hearing was held at the time Ind place IS advertised, namely 6:00 p.m., August 23, 1994 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW THEREFORE, THE CITY COUNCIL finds, determines and resolves as follows: ~ 7-7 Resolution No.1 7621 Page 2 ) SECTION 1. CEOA Evaluation. This Project, conditionally permitting the Property located at the southeast corner of Rancho Del Rey Parkway and Del Rey Boulevard to be subdivided in to 41 Lots with a 20 unit density transfer on to the site and changing the residential type from single family attached to detached, is part of a larger project for which a Final Environmental Impact Report, to wit FEIR 87-1, was prepared and certified by this Council, and is adjacent to the Rancho del Rey .power center" project for which a Final Supplemental Environmental Impact Report, to wit: FSEIR 92-02, was prepared and certified by this Council. . FEIR 87-1 consisted of Final Environmental Impact Report (FEIR 87-1) 5CH 187070102, dated October 19, 1987 which contained (1) Draft EIR-87.1; (2) Comments on the Draft and Responses; (3) one addenda; (4) Appendices (A through J) to the Environmental Impact Reports. . FSEIR 92-02 consisted of .FEIR 92-2", dated October 5, 1992, 5CH '92051032, which contained (1) Final EIR 92-2; (2) Comments and responses on the Draft EIR 92-02; (3) Appendices to Responses to Comments, A through 0, inclusive; (4) Appendices 12.1 through 12.7 to the FEIR 92-2; (5) Errata Sheet for FSEIR for Rancho del Rey Commercial Center; The FEIR 87-1 and the addendum entitled "Third Addendum to FEIR 87-1, Rancho Del Rey SPA I, Sunland Rancho Del Rey" (.Third Addendum.) as well as FSEIR 92-02, known as document number C094-188, a copy of which is on file in the office of the City Clerk, has been reviewed and considered by the City Council of the City of Chula Vista; and, - ) The FEIR 87-1, herewith defined to include the Third Addendum is hereby certified by the City Council to have been completed in compliance with the California Environmental Quality Act and all applicable guidelines. The City Council accepts and approves the Third Addendum to FEIR-87-1 Rancho Del Rey 5PA I - Sunland Rancho Del Rey; and finds in accordance to the Third Addendum to FEIR-87-1 (IS-94-22) that all public services would be effected the same as the previous analysis and no further changes would be required in conclusions, findings, and mitigation measures. The project aite was previously graded and there will be no further impacts to natural resources. The City Council concurs in the conclusion expressed in the Third Addendum that the project will not create any new environmental impacts that have not been fully and adequately analyzed in FEIR 87-01 and the first and Third Addendum. ~ 9--~ Resolution No. 17621 Page 3 A. Re-Adoption of Findings. 1 The Council does hereby re-approve and incorporate herein as if set forth full, and make each and everyone of the CEOA Findings set forth in Council Resolution Nos. 13393, adopted December 15, 1987 C87-1 adopting CEOA findings), 13389, adopted December 15,1987 (87-' adopting statement of overriding considerations); and 16900 (92-02) adopted November 24, 1992. B. Certain Mitigation Measures Feasible and Re-Adopted. As more fully identified and set forth in the FEIR 87-1 and FSEIR 92-2, and the Third Addendum, Council readopts the finding that, pursuant to Public Resources Code Section 21081 and CECA Guidelines Section 15091, the mitigation measures described in the FEIR 87-' or the resolution approving same (Resolution No. 13393), are feasible and will become binding upon the appropriate entity such as the Applicant, the City, or other special districts which has to implement these specific mitigation measures. C. Feasibility of Alternatives. The Council has previously concluded that alternatives to the project evaluated under FEIR 87-1 were found not to be feasible, and the approval of this Project and the adoption of the Third Addendum does not change that conclusion, herein incorporated by reference. D. Adoption of Mitigation Monitoring Program. As required by the Public Resources Code Section 21081.6, City Council hereby determines that the Mitigation Monitoring and Reporting Program C-Program-) adopted in and set forth in the resolution adopting FEIR 87-1, and incorporated herein by reference as set forth in full, is fully adequate for this Project. The City Council finds that the Program is designed to ensure that during the project implementation and operation, the applicants and other responsible parties implement the Project components and comply with the feasible mitigation measures identified in the findings and in the program. E. Statement of Overriding Considerations. The City Council, when it adopted FEIR 87-1, originally concluded that after the adoption of all feasible mitigation mea..es, certain significant or potentially significant environmental effects Clused by the project or cumulatively will remain. The City Council of the City of Chula Vista, purlUlnt to CECA Guidelines Section 15093, adopted e Statement of Overriding Considerations by Resolution No. 13389 identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental .ffects still significant but acceptable. The approval of this Project does not ( ~ 5) -; Resolution No. 17621 Page 4 0) change the conclusions of the Council in the findings made in such Statement of Overriding Considerations. 1 SECTION 2. Findings for Approval - Sectional Planning Area (SPA) Amendment and Density Transfer 0 A. The proposed sectional planning area plan Is In conformity with the general development plan of the P-C zone, any adopted apeclflc plana, and the Chula Vista general plan and Its several elements. The change from single family attached to detached is primarily an alternative to the same product type and is therefore in conformance with the EI Rancho del Rey Specific Plan, which was found at its adoption to be consistent with and a refinement of the Chula Vista General Plan and its several elements. In order to establish flexibility in the distribution of residential densities, the EI Rancho del Rey Specific Plan allows transfer of densities within any SPA. The 20 unit density transfer is thus in conformance with the EI Rancho del Rey Specific Plan and The Chula Vista General Plan as noted above. B. The proposed sectional planing area plan would promote the orderly, aequentialized development of the involved sectional planning area. ) The proposed density transfer and change in residential type from attached to detached will allow the applicant to develop a residential product that suits the present market demand without affecting the housing balance envisioned within the SPA. The density transfer will not increase the total number of units authorized by the SPA and results in an improved development plan considering. the present market demand and the balance of housing opportunities envisioned in the SPA plan. C. The propoaed aectlonal planning area plan would not adveraely affect adjacent land use, residential enjoyment. circulation. or environmental quality. The proposed project will occupy a graded building pad designated for residential development within a Planned Community and with all streets and utilities in place and designed to accommodate this development. SECTION 3. Findings for Approval of the Tentative Map. A. Pursuant to Government Code Section 66473.6 of the Subdivision Map Act, the City Council finds that the tentative subdivision map as ~ 9-; tJ Resolution No. 17621 Page 5 conditioned herein for Sunland Rancho Del Rey, Chula Vista Tract No. PCS-94-02, is in conformance with the Elements of the City's General Plan, based on the following: a. Land Use - The residential dwelling type is consistent with the Rancho del Rey SPA Plan as amended by PCM-94-26. Said amendment allows a detached housing product and the transfer of 20 units onto the site for a project yield of 11.8 dulac which "is consistent with the 12 dulac target density designated on the SPA plan, and the units within the SPA are not increased over the total number authorized for the SPA. b. Circulation - The private street system meets the City standards and requirements for emergency vehicles. The Addendum to EtR- 87-01 shows that public streets are adequate to serve the project. c. Housing - The type of housing being proposed is town homes consistent with the Rancho del Rey SPA Plan as amended by PCM-94.26. d. Conservation - The adoption of FEIR-87-01, and addendum thereto, addressed the goals and policies of the Conservation Element of the General Plan and found the development of this site as consistent with those goals and policies. This proposal does not affect that finding. e. Park and Recreation, Open Space - The Rancho del Rey SPA Plan provides public parks and open apace consistent with City policies. f. Seismic Safety - There are no known active faults within the vicinity. g. Safety - The proposal meets City threshold Standards for emergency aervices. h. Noise - A noise attenuation wall ia required along all street boundaries of the open apace tot separating the residential buildings from the Itreet. With this measure the project will be consistent with Noise Element and standards of the City. i. Scenic Highway - The project is not to adjacent to scenic highways. ( ~ 1-// Resolution No. 17621 Page 6 ) j. Bicycle Routes - When the street system in the Rancho Del Rey was originally constructed, appropriate bicycle lanes were included within the community and are presently in use. The private streets within the project are of adequate width to accommodate bicycle travel interior to the site. 1 k. Public Buildings - No public buildings are proposed on the site. The project is required to pay RCT fees prior to the issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. o. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. ) SECTION 4. Conditional Approval of Real Property Exchange (boundary adjustment) and Tentative Subdivision Map. The City Council does hereby approve, subject to the following conditions, the tentative subdivision map for Sunland Rancho del Rey. Chula Vista Tract PCS- 94-02 and real property exchange (boundary adjustment) shown thereon. Unless otherwise specified, all Conditions and Code Requirements shall be fully completed to the City's satisfaction prior to the approval of the First Final Map. Unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. The Developer shall: GENERAL 1. Install public facilities in accordance with the Rancho del Rey, SPA I and SPA II Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement' construction should conditions change to warrant such a revision. 2. If phasing is proposed within an individual map or through multiple final maps, submit and obtain approval for a development phasing plan by the ., ~ 9~/~:;L Resolution No. 17621 Page 7 ( City Engineer and Director of Planning prior to approval of any final map. Improvements, facilities, dedications and construction of all improvements, including but not limited to, streets and open space and 1 recreation areas to be provided with each phase or unit of development ahall be as determined by the City Engineer and Director of Planning. The City reserves the right to condition approval of each final map with the requirement to provide said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 3. Prepare the final map(s) which include the exchange of property. between the City and developer to include the City as signatory. 4. A complete set of photo ready exhibits and text of the SPA I amendment shall be submitted to the Planning Department prior to approval of the first final map. STREETS. RIGHTS-Of-WAY AND IMPROVEMENTS 5. Design and construct all streets to meet the City standards for private atreets, or as approved by the City Engineer. Submit improvement plans for approval by the City Engineer detailing the horizontal and vertical alignment of said streets. 6. Install decorative concrete paving, atgnlng or other improvements required by the City Engineer to identify the boundary between the public and private roadway at the entrance to the proposed development on Rancho del Rey Parkway. Decorative paving ahall be located entirely within private property and be subject to approval by the City Engineer and Planning Director. 7. Design and construct the entrance to the proposed development to include two ten foot wide lanes for egress to the satisfaction of the City Engineer. 8. Request for variance on the tangent length on private street .8. is hereby approved. 9. Include in CCltR's homeowner's association responsibility to maintain all private drives, streets, drainage and sewer facilities. Include the City of Chula Vista as a party to said CCltR's authorizing the City to enforce the terms and conditions in the same manner as any owner within the subdivision. ( yq 7- /J Resolution No. 17621 Page 8 10. All storm drains within the development and storm drain connections to public storm drains within street rights-of-way shall be private and maintained by the homeowners association. ) " 11. Obtain private storm drain easements across City open space lots. 12. Guarantee and construct public sewers in accordance with City standards. Align public sewers within lots 9 and 17 to the satisfaction of the City Engineer. 13. Grant on the final map generar access and utility easements over private streets and access and maintenance easements for all public sewers within Lots 9 and 17. Provide improved access to support H-20 wheel loading to all sewer manholes. 14. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated to the City have been paid or that no assessments exist on the parceHs). 1 5. Present written verification to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. 16. Grant to the City a 10-foot wide utility easement adjacent to the street right-of-way within the open space lot along Rancho del Rey Parkway. ) GRADING 17. Submit and obtain approval by the City Engineer for an erosion and sedimentation control plan as part of any grading plans. AGREEMENTS 18. Enter into an agreement with the City whereby: e. The developer agrees the City may withhold building permits for any units in the subject subdivision if anyone of the following occur: b. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. c. Traffic volumes, levels of service, publiC utilities end/or services 'exceed the adopted City threshold stendards. d. The developer agrees that the City may withhold building permits for any of the proposed development if the required public ~ 9/)'1 Resolution No. 17621 Page 9 facilities, es identified in the PFFP or as emended or otherwise conditioned have not been completed or constructed to satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City Planning Director and Public Works Director. 1 19. Agree to obtain an encroachment permit in favor of the subject development's homeowners' association to install enhanced paving within public sewer easements. 20. Agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 21 . Agree to hold the City harmless from any liability for 8rosion, siltation or increase flow of drainage resulting from this project. 22. Agree to insure that all franchised cable television companies (.Cable Company.) are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. OPEN SPACE/ASSESSMENTS 23. Grant in fee on the first Final Map ell open apace lots shown on the approved tentative map to be granted to the City and execute and record a deed for each lot. Prepare and submit for execution grant deeds for open space ar8as to be granted f~om the City to the developer as shown on the approved tentative map. ( 24. Submit I list of all flcilitisslocated on open apace lots to be maintained by the existing Open Space District No. 20. This list shall include a description, Quantity and unit price per year for the perpetual maintenance of all facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, ~ ~/ 7) / /--> Resolution No. 17621 Page 1 0 access roads, drainage structures and landscaping. Only those items on an open space lot are eligible for open space maintenance. Each open space lot shall also be broken down by the number of acres of turf, irrigated, and non-irrigated open space to aid the estimation of a maintenance budget thereof. 25. Pay all costs associated with: a. Reapportionment of assessments for Assessment District 87-1 as a result of subdivision of land within the project boundary. Request reapportionment and submit a deposit to the City in the amount of $9640 ($40/lots and units )( 24 lots and units). b. Pro-rata share of the assessment district due to additional units; estimated at $7,519.20 (outstanding balance of $67,672.08/180 assumed units)( 20 additional units). 26. Landscape and irrigation plans addressing the modifications to the irrigation system and new landscape areas shall be prepared to the satisfaction of the Parks and Recreation Director. MISCEllANEOUS 27. Tie the boundary of the subdivision to the California System -Zone VI (1983). ,) 28. Submit copies of Final Maps in 8 digital format such as (DXF) graphic file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5- 1/2 HD floppy disk prior to the approval of each Final Map. · SECTION 5. Code Reminders. , . Comply with all applicable Hctions of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 2. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 3. Pay the following fees in accordance with the City Code and Council Policy: ~ c;-/~ Resolution No. 17621 Page 11 ( 8. The Transportation and. Public F8cilities Development Impact Fees. 1 b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interini Pre-SR-125 impact fee (effective January 1, 1995). e. Pay the amount of said fees in effect at the time of issuance of building permits. Failing any of which conditions. or failing the continued maintenance of same as the condition may require. this conditional approval and any entitlement accruing hereunder. shall. following a public hearing by the City Council at which the Applicant or his successor in interest is given notice and the opportunity to appear and be heard with regard thereto. be terminated or modified by the City Council. ( SECTION 6. Notice of Determination. City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. SECTION 7. Transmittal of Resolution. That a copy of this resolution be transmitted to the owners of the property. Presented by \.0 U/d'U Robert A. Leiter Director of Planning ( . ~ 9~~/7 Resolution No. 17621 Page 12 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of August, 1994, by the following vote: ) .. , YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Council members: None _r, /l~{/ Tim Nader, Mayor ATTEST: .~ ) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17621 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of August, 1994. Executed this 16th day of August, 1994. ~aa~ Beverly A. Authelet, City Clerk ~9~/%' r I / ./ f,- - I Minutes August 16. 1994 Page 7 This beiog the time and place as advertised, the public hearin~ was declared open. There being DO public testimony, the public bearing was closed. RESOLUTION 17620 OFFERED BY COUNCD..MEMBER RINDONE, reading of the text was waived, passed and approved unanimo~ly. 14. PUBLIC HEARING CONSIDERATION OF THE FOLLOWING APPLICATIONS FD...ED BY SUNLAND RANCHO DEL REY AND RANCHO DEL REY INVESTORS, L.P. FOR 16.9 ACRES LOCATED AT THE SOUTHWEST CORNER OF RANCHO DEL REY PARKWAY AND DEL REY BOULEV ARD WITHIN THE RANCHO DEL REY PLANNED COMMUNITY: (A) PCM-94-26 - AMENDMENT TO THE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) I PLAN; A~'D (B) PCS-94-02 - TENT A TIVE SUBDIVISION MAP FOR SUNLAND RANCHO DEL REY, TRACT PCS-94-02 . The applicants, Sunland Rancho del Rey and Rancho del Rey Partnership L.P., have submitted applications for an amendment to the Rancho del Rey Sectional PlaMing Area (SPA) I Plan. and a Tentative Subdivision Map known as Sunland Rancho del Rey, Tract Numher PCS.94-02. in order to suhdivide and develop 16.9 acres located at the southwest comer of Rancho Del Rey Parkway and Del Rey Boulevard within the Rancho del Rey Planned Community. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 17621 APPROVING AN AMENDMENT TO THE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) I PLAN AND A TENTATIVE SUBDMSION MAP FOR 16.9 ACRES LOCATED AT THE SOUTHEAST CORNER OF RANCHO DEL REY PARKWAY AND DEL REV BOULEVARD Mayor Nader questioned where the density was being transferred from and if theTl~ was an agreement that if they did not reach the density in the other areas they would be able to transfer it to any other area of the project. His concern was that the area under consideration was adjacent to a permanent open space area in Rice Canyon. Even without a density transfer a change of product type of that nature resulted in the consumption of more land. Density was also being added which increased the amount of land utilized unless the size of the units was decreased. He questioned whether the project had been before the Resource Conservation Commission for consideration. KeD Lee, Assistant Director of Planning. responded it was being transferred from a number of areas where the density was not utilized. The transfer was twenty units into the area over a seventeen acre site. That ability was set forth in the SPA subject to Council approval. Additional property would not be utilized. The particular plan was an addendum which did not go back through the Resource Conservation Commission. Robert Leiter, Director of Planning. stated the Environmental Review Coordinator had indicated that the final EIR in 1987 for SPA I was reviewed by the RCC. At the SPA plan levtl it was related to a determination that the transfer resulted in a spacially or functionally superior plan and there was discussion in the report regarding staffs evaluation of the design of the revised project. as well as a reference to the site plan review that occurred. It was staffs determination the plan was a superior plan and met at current market n~. The site plan met or exceeded the City's design standards as well as the fact that it more clarly met the market demand than a townhouse development would in the same location. Mr. Boogaard stated be bad been assured by Mr. Rudolpb, before he left the City, that be bad reviewed it and it met all the City's standards. Councilmember Horton stated the project met the developers target market and was a very popular housing typ~. In her opinion, it was a substantial improvement of the spacial arrangement and functional relationship of the involved site plan. Therefore. it fit within the parameters of having a transfer within the SPA area. This being the time and place as advertised, the public hearing was declared open. · Ure Kretowicz. S09S Murphy Canyon Road, San Diego. CA. Chairman of the Board, Sunland Communities. gave a brief slide presentation of the project. After the utilization of the density transfers for the site there was still excess densities that Were unused in the overall SPA. ~ J--/j --., Minutes August 16, 1994 Page 8 Councilmember Moore questioned if it was a gated community with private streets. Mr. Kretowicz responded. that was correct. The loop street would be asphalt with colored concrete accents at pedestrian crossings. The courts were all concrete. Mayor Nader questioned how the project fit into the surrounding area, i.e. Rice Canyon. Mr. Kretowicz stated the site had already been graded and they would stay within the boundaries of the existing grades. There was a canyon between the project and Home Depot and on the other side of Del Rey Boulevard. Remedial grading would be done within the site, but the boundary outside of ~e project would not be affected. . Craig Fukuyama, 2727 Hoover Avenue, National City, CA, repr~nting the Rancho del Rey Partnership, stated the overall SPA plan bad a total density allocation of 2,200 units. The cumulative of unuSc.".d units included at total of approximately 100 unused units in SPA I. The majority of the units came from the residential area immediately abutting the Discovery Elementary School. Because the project was in essence completely built out, or mapped. there was not an opportunity for any more density increases anywhere else. The 180 units were in the neighborhood of 10 units per acre and, with the additional 20 units being transferred in, it was now approaching 11.6 DU's per acre which was in the density range of the SPA plan. There being no further public testimony, the public hearing was closed. RESOLUTION 17621 OFFERED BY COUNCll..MEMBER HORTON, reading of the text was waived. Mr. Leiter stated the project had been approved in accordance with an approved site plan and the site plan clearly delineated the boundaries of the grading. The tentative map also limited the grading to the area described in the public bearing. Mayor Nader stated based on that representation he would support the motion on the floor. The proposed changes could have environmental consequences and he was surpriSc.".d the CEQA did not go before the Resource Conservation Coaunission. He hoped the RCC would be given the opportunity to review those types of findings before coming to Council. VOTE ON RESOLUTION 17621: approved unanimously. ORAL COMf\fiJN1CA TJONS None BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 15. ORDINANCE 2602 AMENDING THE MUNICIPAL CODE TO CREATE A VOLUNTARY TAKE PERMIT PROCESS SANCTIONED UNDER SECTION 4(d) OF THE ENDANGERED SPECIES ACT ALTERNATIVE TO THE PROCESS PERMITTED UNDER SECTION 10(a) OF SAID ACT (ul'2encv ordinance) In March 1993, the Federal Department of ~e Interior listed the California Gnatcatcher as a threatened species, and adopted a special rule under Section 4(d) of the Endangered Species Act which establishes specific regulations regarding the taking of Coastal Sage Scrub (CSS), the habitat of the Gnatcatcher. The Special Rule allows local jurisdictions to grant CSS -take- permits if certain findings can be made. The 4(d) Rule is intended to provide an alternative for applicants who choose not to go directly through the U.S. Fish and Wildlife Service for a Section 10(a) permit. During the past several months City staff has been working with staff of the resource agencies and other local jurisdictions, as well as local property owners, to implement the local -take- permit yttr 9 ~~.u) '\ t" . ..... - ~ ,E y.~ 2/JO tE (. 10 J!};)h A o v s o R s November 17, 1994 VIA FEDERAL EXPRESS Ms. Janine Frei First American Title Insurance Company 411 Ivy Street San Diego, CA 92101 Re: Your Escrow No. 1085905J; Purchase Agreement and Escrow Instructions dated April 22, 1994, between Sunland Communities COIJ>oration and Rancho Del Rev Investors. L.P. Dear Janine: 200-Chula Vista, L.P., a California limited partnership (the "Partnership"), hereby submits the following instructions in connection with the acquisition by the Partnership of certain real property ("Property") described in that certain Commitment for Title Insurance issued by First American Title Insurance Company on September 19, 1994 as Order No. 1080960-6. - Prior to the close of escrow for the Partnership's acquisition of phase 1 of the Property, the City of Chula Vista ("City") will deliver into escrow a final map ("Map") covering the Property and entitled "City of Chula Vista Tract No. 94-02, Cornerstone Communities Rancho Del Rey. " . Enclosed are the following documents delivered to you by the Partnership, to be held by. you in trust, as the escrow holder, in accordance with these instructions: 1. ./ ' Three (3) counterpart originals of the Agreement for Construction of a Water System ("Water Agreement") between the Partnership and the Otay Water District ("OWD"), executed by the Partnership; 2. /" One (1) original Performance Bond for Water Facilities Construction Agreement issued by American Motorists Insurance Company.Js Bond No. 3SM80544600, in favor of OWD, in the amount of $275,500; 1500 SANSOME STREET, SUITE 200 · SAN FRANCISCO, CALIFORNIA 94111 (415) 249-1500 · Fax: (415) 249-1519 {t=T 7-c2/ Ms. Janine Frei November 17, 1994 Page 2 3. -' One (1) original Labor and Material Bond for Water Facilities Construction issued by American Motorists Insurance Company as Bond No. 3SM805446oo, in favor of OWD, in the amount of $137,750; 4../ One (1) original Bond for Faithful Performance issued by American Motorists Insurance Company as ~ond No. 3SM805444oo, in favor of City, in the amount of $172,600; 5. ./ One (1) original Bond for Material and Labor issued by American Motorists Insurance Company as Bond No. 3SM805444oo, in favor of City, in the amount of $172,600; 6. / One (1) original Grading and/or Drainage Bond issued by American Motorists Insurance Company as Bond No. 3SM805445oo, in favor of City, in the amount of $106,800; and 7. .... One (1) original Survey Monument Installation Bond issued by American Motorists Insurance Company as Bond No. 3SM80544700, in favor of City, in the amount of $6,000; / The bonds described in paragraphs 2 and 3 above are referred to herein as the "OWD Bonds" and the bonds referred to in paragraphs 4 through 7 above are referred to herein as the "City Bonds. " Concurrently with the Partnership's acquisition of phase 1 of the Property, as evidenced by the close of escrow with respect to phase 1, Title Company hereby is instructed to (i) record the Map (ii) deliver the City Bonds to the City at an address to be provided by the City and (iii) deliver the Water Agreement and the OWD Bonds to OWD at an address to be provided by OWD. Following the deliveries described in this paragraph, Title Company shall have no further concern with the City Bonds, Water Agreement or the OWD Bonds. . In no event shall Title Company release the OWD Bonds, the Water Agreement or the City Bonds from the escrow until the Map has recorde~ and the Partnership has acquired title to phase 1 of the Property. . Please provide City and OWD with a copy of these instructions and a copy of each of the documents enclosed herewith. Signature lines have been provided below for each of City and OWD to acknowledge their receipt and approval of these instructions and copies of the documents described hetein. ~ 9/';22 Ms. Ianine Frei November 17, 1994 Page 3 Kindly acknowledge your receipt of these instructions and your agreement to proceed in accordance herewith by signing a copy of this letter and returning it to the undersigned by facsimile at (415) 249-1519. Very truly yours, 200-Chula Vista, L.P. a California limited partnership By: 200-Chula Vista General Partner, L.P. a California limited partnership General Partner By: Hearthstone Advisors, Inc., a California corporation General Partn~J'/1 / .' By: ./ Enclosures cc: Mr. John Green (w/encls.) Ms. Carey J. Dennison (w/encls.) The undersigned acknowledges receipt of the within instructions and agrees to proceed in strict accordance therewith. provided escrow holder is in receipt of an acceptable Assignment of Buyer's interest from Cornerstone Communities, Inc. tOt First American Title Insurance Company, 200-Chula Vis ta, L. P. a California corporation f1 ~ - ~ By: ~~...(Ji~n."A..</~ / f) (5'7a oS:r Name: Janine Frei Its: Escrow Officer Date: November 18, 1994 ~ ~l ~V . ~ Ms. Janine Frei November 17, 1994 Page 4 RECEIPT ACKNOWLEDGED: City of Chula Vista By: Name: Its: Date:' RECEIPT ACKNOWLEDGED: Otay Water District By: Keith Lewinger General Manager Date: ~ J02i THE CI1l' OF CHUU VISTA PAR1l'DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: I. List the names of all persons having a financial interest In the contract, i.e., contractor, subcontractor, material supplier. Rancho Del Rey Investors, L.P. Cornerstone Communities Corporation 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Rancho Del Rey lnvestors: McMillin Project Services, a California Corporation, Attorney in fact under a durable Power of Attorney. Cornerstone Communities Corporation: Ure Kretowicz (100%) 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ............... If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. -C{3 ~O. /J'1(l, e.l- , 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a CounciImember in the current or preceding election period'! Yes _ No ~f yes, state which CounciIrnember(s): Person is defined as: -Any indil'idual,Jirm, co-partnership,jo;nt l"en/ure, assoc;II/;Oll, social dub, Ira/ental organiztl/;on, corpora/ioll, cs/alt~, tfUSt, "CC;l'Cr, sy"dictl/e, this miff any otl,,'r COLIII~l'. Ci~l' alld COllll1l)', ci~\~ municipality. district or other political subdil';s;on, or allY other group or COmbilltl/;Oll act;nK as a UII;t.- {NOTE: Date: IA.1J 3\,\:D1SCL.OSE.TXTj Susan K. La Print or type IUlme of contfClctor~ ppliamt ~ :7 ::S~X#I13 rr 'c' RESOLUTION NO. 1775'.1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT 94-02, CORNERSTONE COMMUNITIES AT RANCHO DEL REY, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON SAID MAP, AND THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 94-02, CORNERSTONE COMMUNITIES AT RANCHO DEL REY, and more particularly described as follows: Being a subdivision of Lot 119 and Lot B of Chula vista Tract No. 88-1, Rancho del Rey Phase 6 Unit No. 2 in the ci ty of Chula vista, County of San Diego, State of California according to Map thereof No. 12504, filed in the office of the County Recorder of San Diego County, November 15, 1989. Area: 33.666 acres Numbered Lots: 27 No. of Lots: 31 Lettered Lots: 4 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public street, to-wit: a portion of Rancho del Rey Parkway (as shown on the final map) and said street is hereby declared to be a public street and dedicated to the public use. BE IT FURTHER RESOLVED that Lots A and C are hereby dedicated to open space, public utilities and other public uses. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the city of Chula vista the easements tendered with the right of ingress and egress for sewer facilities construction and maintenance, and the general utility easement within Open Space Lot A, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. 9/1-/ BE IT FURTHER RESOLVED that the City Clerk of the city of Chula vista be, and she is hereby authorized and directed to endorse upon said map the action of said council; that said Council has approved said subdivision map, and that said public street is accepted on behalf of the public as heretofore stated and that those certain easements with the right of ingress and egress for the construction and maintenance of sewer facilities and general utility easement within Lot A, as granted thereon and shown on said map within said subdivision is accepted on behalf of the City of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the day of , 1994, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista be, and she is hereby authorized and directed to execute said agreement for and on behalf of the city of Chula vista. John P. Lippitt, Director of Public Works Bruce M. Attorney Presented by ILd is ~o form by c:\rs\cornerst.f. C; /f ',;;.. RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City Clerk CITY OF CHULA VISTA 270 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant For Recorder's Use On1 SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT (" Agreement") is made and entered into this _ day of , 1994, by and between RDR INVESTORS, L.P., a California limited partnership, 2727 Hoover Avenue, National City, California 92050 ("Subdivider"), and the CITY OF CHULA VISTA, a California municipal corporation ("City") with reference to the following facts: A. The City Council of the City, on August 23, 1994, approved Resolution No. 17621 (the "Resolution"), approving a tentative map of Chula Vista Tract 94-02, a proposed subdivision known as Cornerstone Communities at Rancho del Rey (the "Subdivision"), subject to certain requirements and conditions. B. The Code provides that before a final subdivision map is finally approved by the City Council of the City, a subdivider must have either installed and completed all of the public improvements and land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the City Council for the purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative, the subdivider shall enter into an agreement with the City, secured by an approved improvement security to insure the performance of the work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and land development work required in the subdivision within a definite period of time prescribed by the City Council. W:\CIVIL\CORNERST\RDR\FORMS\SOS1200.JMF NOY~29. 1994 -1- 9/? ~:J ., C. Complete plans and specifications for the construction, installation and completion of the Improvement Work have been prepared and submitted to the City Engineer. The Improvement Work consists of the following public improvement project: City File No. EY390 (Cornerstone Communities at Rancho del Rey) as shown on Drawing Nos. 94-398 through 94-407 inclusive, on file in the office of the City Engineer. D. An estimate of the cost of constructing the Project according to the plans and specifications has been submitted and approved by the City in the amount of $345,200. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Subdivider, for itself and its successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the tentative map resolution, and to do and perform or cause to be done and performed, at its own expense, without cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the Improvement Work required to be done in connection with the Final Map in and adjoining the Subdivision, and will furnish the necessary materials for the Improvement Work, all in strict conformity and in accordance with the plans and specifications, which documents have been filed in the office of the City Engineer and are incorporated by this reference in this Agreement. 2. All monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this Agreement to be done on or before the third anniversary date of City Council approval of this Agreement. 4. Subdivider will perform the Improvement Work as set forth above, or that portion of the Improvement Work serving any buildings or structures ready for occupancy in the Subdivision, prior to the issuance of any certificate of clearance for utility connections for the buildings or structures in the Subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of the Improvement Work or the portion thereof serving the buildings or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. In the performance of the Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City and the laws of the State of California applicable to such work. W:\CIVn.\CORNERST\RDR\FORMS\5051200.JMF November 29, 1994 -2- 9/1-' 'I 6. Subdivider agrees to furnish and deliver to the City, simultaneously with the execution of this Agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City, in the sum of One Hundred Seventy-Two Thousand Six Hundred Dollars ($172,600) to secure the faithful performance of the respective Project and is attached as Exhibit "A". 7. Subdivider agrees to furnish and deliver to the City, simultaneously with the execution of this Agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City, in the sum of One Hundred Seventy-Two Thousand Six Hundred Dollars ($172,600) to secure the payment of material and labor in connection with the installation of the respective Project by Subdivider and is attached as Exhibit "B". 8. Subdivider agrees to furnish and deliver to the City, simultaneously with the execution of this Agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City, in the sum of Six Thousand Dollars ($6,000) to secure the installation of monuments, which security is attached as Exhibit "C". 9. Upon certification of completion of the Project by the City Engineer and acceptance of the work by the City, and after certification by the Director of Finance that all costs of the work are fully paid, the whole amount of the improvement security for the Project, or any part thereof not required for payment of the costs of the work, shall be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. to. If the work on the Project is not completed within the time specified, the sums provided by the improvement securities for the Project may be used by the City for completion of the Project in accordance with such specifications contained or referred to in this Agreement. Subdivider agrees to pay to the City any shortfall between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation for overhead) and any proceeds from the improvement security. 11. In no case will the City, or any department, board of officer thereof, be liable for any portion of the costs and expenses of the Improvement Work, not shall any officer, his/her sureties or bondspersons, be liable for the payment of any sum or sums for such work or any materials furnished for the work, except to the limits established by the approved improvement security in accordance with the requirements of the state Subdivision Map Act and the provisions of Title 18 of the Code. 12. Any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by the City in connection with the approval of the Improvement Work, plans and installation of the Improvement Work, and the costs of any street signs and street trees as required by the City and approved by the City Engineer, shall be paid by Subdivider, and that Subdivider shall deposit with the City, prior to recordation of the Final Map, a sum of money sufficient to cover such costs. W:\CJVll.\CORNBRST\RDR\FORMS\5051200JMF Novrmber 29, 1994 -3- fj/!~ 5' 13. Until such time as all work on a Project is fully completed and accepted by the City, Subdivider will be responsible for the care and maintenance of, and any damage to, the Project improvements. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one (1) year from the date of final acceptance and correct any and all defects or deficiencies arising during such period as a result of the act or omission of Subdivider, its agents or employees, in the performance of this Agreement, and that upon acceptance of the work by the City, Subdivider shall grant to the City, by appropriate conveyance, the public improvements constructed pursuant to this Agreement; provided, however, that acceptance by City shall not constitute a waiver of defects. 14. City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the act or omission of Subdivider, its agents or employees, related to this Agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, related to this Agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of the Subdivision and the public improvements as provided in this Agreement. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall the City, by such approval, be an insurer or surety for the construction of the Subdivision pursuant to approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this Agreement and shall remain in full force and effect for ten (10) years following acceptance by the City of the improvements. 15. Subdivider agrees to defend, indemnify and hold harmless the City, its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul an approval of the City, advisory agency, appeals board or legislative body concerning a subdivider, which action is brought within the time period provided for in ~66499.37 of the California GOVERNMENT CODE. W: \ClVIL\CORNERS1iRDR\FORMS\5OS 1200.JMF November 29, 1994 -4.. 9/9-" 16. The burden of the covenants contained in this Agreement is for the benefit of the land owned by the City adjacent to the Subdivision. The burden touches and concerns the Subdivision. It is the intent of the parties, and the parties agree, that this covenant shall be binding upon, and run with, the ownership of the land which it burdens. The burden of this Agreement shall be released from title, as to an individual lot or unit within the Subdivision upon the sale of any lot improved with a residence. If requested by Subdivider, City shall execute a quitclaim releasing the burden of this Agreement from the title to any such lots. If Subdivider assigns any portion of the Subdivision subject to the burden of this Agreement, Subdivider shall have the right to obtain a release of any of Subdivider's obligations under this Agreement, provided Subdivider obtains the prior written consent of the City to any such release. City shall not withhold its consent to any such request for a release so long as the assignee demonstrates, to the reasonable satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Subdivision which is being acquired by the assignee.. IN WITNFSS WHEREOF, the parties have caused this Agreement to be executed as of the date set forth above. RANCHO DEL REY INVESTORS, L.P., a California limited partnership By: McMILLIN PROJECT SERVICES, INC., a California corporation, as Attorney-in-Fact under Durable Power of Attorney By -1!~f~ Its E'f.,ec.. V/C'f!..; Pres. By ~<-1-~ Its Vi Ce Pre-s. W:\CIVlL\CORNERST\RDR\FORMS\S051200.IMF November 29, 1994 -5- q/l- 7 W:\CIVll.\CORNERST\RDR\FORMS\.50S1200JMF November 29, 1994 CITY OF CHULA VISTA, a California mu.nicipal corporation By Mayor of the City of Chula Vista ;/1-1' /qA-- '1 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On 11/30 ,1994, before me, JOYCE A. BROCK, NOTARY PUBLIC Notary Public in and for said State, personally appeared VTRGIL E_ RT.T.IO'l"l' AND THOM lmT.T.R'R-===------ , personally known to me (Of I'fe'/ea te me on the ba.sis of saUSfaClOlY evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that hefflfle/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~='.'m''''JovceA600CK ~"'~j ,.... COMM.#98<M71 Ii .. ..: NDrNN~ ill . IAN~COltflY" ....nnn:nn~~~~~~:!~,_ Signature ~ d'. ~ P' (Seal) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On , 19_, before me, Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) W:\CJVIL\CORNERST\lU)R\FORMS\SOSI200JMF NcMmber 29, 1994 -7- 9A-9 . . LIST OF EXHmITS Exhibit "C": Improvement Security: Faithful Performance Form: Bond Amount: $172,600 Improvement Security: Material and Labor Form: Bond- Amount: $172,600 Improvement Security: Monuments Form: Bond Amount: $6,000 Exhibit "A": Exhibit "B": Improvement Completion Date: Three (3) years from date of City Council approval of the Subdivision Improvement Agreement. W:\CIVll..\CORNERST\RDR\FORMS\SOSI200.1MF November 29, 1994 -8- 9,4 "/1}) RESOLUTION NO. 1?753 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 94-02, CORNERSTONE COMMUNITIES AT RANCHO DEL REY, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, Conditions 18-22 for Chula vista Tract 94-02 Tentative Map required the Developer of Cornerstone Communities at Rancho del Rey to execute a Supplemental Subdivision Improvement Agreement; and WHEREAS, the Developer has now executed said Agreement which is ready for Council approval. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract 94-02, Cornerstone Communities at Rancho del Rey, a copy of which is on file in the office of the City Clerk as Document No. (to be completed by the City Clerk in the final document). BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the city. . Presented by ved John P. Lippitt, Director of Public Works 9fj-/ /CJt3-2. RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: CITY OF CH ULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT Rancho Del Rey SPA I Phase 6, Unit 2, Lot 119 This Supplemental Subdivision Improvement Agreement ("Agreement") is made this _ day of .1994, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and RANCHO DEL REY INVESTORS, L.P., a California limited partnership ("Developer" or "Grantor" for recording purposes only), with reference to the facts set forth below, which recitals constitute a part of this Agreement: A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of a project commonly known as Rancho del Rey SPA I ("Project"). B. Developer is the owner of the Property. C. The City has approved a Tentative Subdivision Map commonly referred to as Sunland Rancho Del Rey, Chula Vista Tract No. PCS-94-02 ("Tentative Subdivision Map") for the subdivision of the Project and real property exchange (boundary adjustment) shown thereon. D. The City has adopted Resolution No. 17621 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. The description of the conditions in this recital section of this Agreement is intended only to summarize and paraphrase such conditions in the Resolution, and is not intended herein to modify or explain them, and is not intended as a basis for interpreting them. E. Developer is ready to file final maps for the Property (the "Final Maps") and by this Agreement will satisfy a number of conditions of the Resolution required to be satisfied prior to the filing of the Final Maps. (RDR\SUBDIV,IA\111094] .1-9g.... J F. Condition No. 18 of the Resolution requires Developer, prior to approval of the first Final Map, to enter into an agreement with the City whereby: 1. Developer agrees that the City may withhold building permits for any units in the subject subdivision if anyone of the following occurs: a. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards. 2. Developer agrees that the City may withhold building permits for any of the proposed development if the required public facilities, as identified in the Public Facilities Financing Plan (PFFP) for Rancho Del Rey SPA I or as amended or otherwise conditioned, have not been completed or constructed to the satisfaction of the City. G. Condition No. 19 of the Resolution requires the Developer, prior to approval of the first Final Map, to agree to obtain an encroachment permit in favor of the subject development's homeowners' association to install enhanced paving within public sewer easements. H. Condition No. 20 of the Resolution requires the Developer, prior to approval of the first Final Map, to agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 1. Condition No. 21 of the Resolution requires the Developer, prior to approval of the first Final Map, to agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from the Project. J. Condition No. 22 of the Resolution requires the Developer to agree to insure that all franchised cable television companies are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision and to restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as the same may have been, or may from time to time be issued by the City. K. There are certain other unperformed and unfulfilled conditions of said Tentative Subdivision Map. [RDR\SUBDIV.lA\111094] -2- 9P.,1 L. The City is willing, on the premises, security, terms and conditions herein contained to approve the Final Maps as being in substantial conformance with the Tentative Subdivision Map. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. A2reement Applicable to Subseauent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. b. Agreement Runs with the land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the land owned by the City adjacent to the Property. The Burden touches and concerns the Property. It is the intent of the parties, and the parties agree, that this covenant shall be binding upon, and run with, the ownership of the land which it burdens. The Burden of this Agreement shall be released from title, as to an individual lot or unit within the Project upon the sale of any lot improved with a residence. If requested by Developer, the City shall execute a quitclaim releasing the Burden of this Agreement, from the title to any such lots. If Developer assigns any portion of the Project subject to the Burden of this Agreement, Developer shall have the right to obtain a release of any of Developer's obligations under this Agreement, provided Developer obtains the prior written consent of the City to any such release. The City shall not withhold its consent to any such request for a release so long as the assignee demonstrates, to the reasonable satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the assignee. 2. Condition No. 18 - Permits Not to Issue While Thresholds Deficient or PFFP Facilities Not Completed. In satisfaction of Condition No. 18, Developer agrees as follows: a. The City has the right to withhold building permits for any dwelling units on the Property at such time as anyone of the following occur: (1) Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached; or, (2) Traffic volumes, levels of service, public utilities and/or services exceed the threshold standards in the' adopted City threshold standards. b. The City has the right to withhold building permits if the required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. [RDR\SUBDIV.IA\111094] -3- 9fJ.,5 3. Condition No. 19 - A2reement to Obtain Encroachment Permit. In satisfaction of Condition No. 19 of the Resolution, Developer agrees to obtain an encroachment permit in favor of the Project's homeowners' association to install enhanced paving within public sewer easements. 4. Condition No. 20 - Subdivision Approvallndemnitv. In satisfaction of Condition No. 20 of the Resolution, Developer agrees to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 5. Condition No. 21 - Erosion. Siltation and Drainae:e Indemnitv. In satisfaction of Condition No. 21 of the Resolution, Developer agrees that, on the condition that the City shall promptly notify the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, the Developer shall defend, indemnify, and hold harmless the City, its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increase flow of drainage resulting from the Project. 6. Condition No. 22 - Cable Television Easements. In satisfaction of Condition No. 22 of the resolution, Developer agrees to permit all cable television companies franchised by the City equal opportunity to place conduit to and provide cable television service for each lot or unit within the Project. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City, conditional access to cable television conduit within the properties situated within the Project only to those cable television companies franchised by the City and condition of such grant being that (a) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with, the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City. Developer hereby conveys to the City the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon a determination by the City that they have violated the conditions of the grant. 7. Compliance With Unfulfilled Conditions. Developer agrees to comply with all the conditions of the Tentative Subdivision Map applicable to the Property which remain unperformed or unfulfilled at the time of the filing of the Final Maps. 8. Satisfaction of Conditions. The City agrees that the execution of this Agreement constitutes satisfaction of Developer's obligation of Conditions 18, 19, 20, 21, and 22 of the Resolution. [RDR\SUBDIV.IA\111094] -4- 98.,1, J ,1-' I ;. i 9. Recording. This Agreement, or an abstract hereof prepared by either or both parties, may be recorded at the option of either party. 10. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.s. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. Facsimile transmission shall constitute personal delivery. City: THE CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 92010 Attn: Director of Public Works Developer: RANCHO DEL REY INVESTORS, L.P. do McMillin Project Services, Inc. 2727 Hoover Avenue National City, California 91950 Attn: Rancho del Rey Project Manager A party change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. Facsimile transmission shall constitute personal delivery. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. . Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption on presumption shall be drawn from the fact that a party or his attorney prepared or drafted this Agreement. it shall be conclusively presumed that both parties participated equally in the preparation and drafting this Agreement. [RDR\SUBDIV.IA\111094] -5- 9tJ-'1 e. Recitals; Exhibits. Any recitals set forth above are incorporated by reference into this Agreement. f. Attorneys' Fees In the event of any dispute arising out of this Agreement, the prevailing party in any action shall be entitled to reasonable attorneys' fees in addition to any other costs, damages, or remedies. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. THE CITY OF CH U LA VISTA RANCHO DEL REY INVESTORS, L.P., a California limited partnership Tim Nader, Mayor By: McMillin Project Services, Inc., a California corporation, as Attorney-In-Fact under Durable Power of Attorney By: Attest: Beverly Authelet, City Clerk By: ~f ~ Name: ;Ex. Vic:::e Pr~. Title: Vir,,; I E. E lIlt!) t"r- l." By: ~dtdt:v,.; Name: /nom Fu lIe".. - Title: V ICe" P,.t:S. ruce M. Boogaard City Attorney [RDR\SUBDIV.lA\111094] -6- 9/3 ., ~ '1\ EXHIBIT "A" PROPERTY LEGAL DESCRIPTION lot 119 of CHULA VISTA TRACT NO. 88-1, RANCHO DEL REY PHASE 6, UNIT NO.2, in the City of Chula Visa, County of San Diego, State of California, according to Map thereof No. 12504, filed in the Office of the County Recorder of San Diego County, California on November 15, 1989. [RDR\SUBDIV.lA\111094] -7- 9/3 - 9 . AMEl{l o ~ ~ ~1 ,,~ ~ ~4I~ STATE OF CALIFORNIA COUNTY OF SAN DIEGO ~ss. } On RQVF.MRRR 30. 1994 personally appeared . before me, JOYCE A. BROCK. ROTARY PT1RT.T~ VIRGIL E. ELLIO'rr AND THOM FOLLER--- , personally known to me (or proved to II Ie VII lilt:: basIs 01 satisfactory evidence) to be the person(s) whose name(s) isfare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/Rer/their authorized capacity(ies), and that by hi&/llt::l/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ~d..~ ..... __ ....~ ''P'.-'';'" ,f.- '~.~l5-1 MN DIEGOCOWIY .. I ',. . MyCornm. ElcpIreIMcIch 11. 1907 A ----------,----~ ,--------,--~---------- (This area for official notarial seal) Title of Document Date of Document Other signatures not acknowledged __ No. of Pages 98-/~ 3008 (1/94) (General) First American Title Insurance Company RESOLUTION NO. 1775'1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE DEEDS QUITCLAIMING ANY TITLE INTEREST OF THE CITY IN PROPERTIES TO BE OWNED BY THE DEVELOPER AFTER RECORDATION OF THE MAP WHEREAS, Council authorization is needed for the Mayor to sign the owners' certificate on the final map on behalf of the City as the owner of Lot B and to sign quit claim deeds for those lots of the subdivision which include the open space being granted to the developer; and WHEREAS, the quit claim deeds are necessary to clear the title of the properties to be owned by the developer after recordation of the map. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby authorize the Mayor to execute deeds quitclaiming any title interest of the city in properties to be owned by the developer after recordation of the map. AL~t ~ruce M. Bo Attorney Presented by John P. Lippitt, Director of Public Works . 9C- / /cte.-z COUNCIL AGENDA STATEMENT Item I p Meeting Date 12/13/94 SUBMITTED BY: 17755' Resolution Approving Agreement Among National City, Chula Vista and Canyon-Cahan Properties for the Provision of Sewer Service to a Food 4 Less Market Through National City facilities Director of Public wor~ r,/ City Manager (4/5ths Vote: Yes_ No X) ITEM TITLE: REVIEWED BY: Canyon-Cahan Properties submitted a plan for the development of a Food 4 Less Market at 1320 30th Street to the City for approval of the site plan by the Design Review Committee. That approval was given on March 14, 1994 (minutes are attached). During the course of the plan review it was determined that, because the property is north of SR-54 and the Sweetwater River, no Chula Vista sewers were available to the site. Consequently, sewer service would have to be provided through National City facilities. This agreement provides for the necessary service to be provided by National City. RECOMMENDATION: Approve the resolution approving the agreement. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: As a condition for Food4less to receive sewer service from the City of National City, we were required to enter into an agreement with National City which addressed some concerns they had about the project. Those concerns were: 1. National City objected to the layout of the market in that the loading docks were exposed to traffic on 30th Street and to residences on the north side of 30th Street. It was feared that loading operations and outside maintenance activities during late night and early morning hours would create unacceptable impacts on those residences. 2. The possible parking of trucks along 30th Street during periods while they were waiting to be unloaded was considered to be both undesirable from an aesthetics perspective and unsafe from a traffic perspective. 3. A portion of the sewer in National City is inadequate. IP,/ ,.. Page 2, Item I () Meeting Date 12/13/94 The proposed agreement provides solutions to all of these concerns. The developer will construct a new replacement for the existing inadequate National City sewer, and National City will provide service through this new facility. National City will use its capacity in the Metro system and collect all fees and service charges associated with the service. They will inspect the sewer construction and Chula Vista will inspect the restoration of surface improvements and new surface construction. A side agreement between the developer and National City prohibits outdoor maintenance activities during the late night and early morning. The Chula Vista Traffic Engineer has determined that parking of any vehicles along the south side of 30th Street in this area would be unsafe because of the configuration of street improvements and traffic striping. We will therefore post "No Parking" signs along this full frontage, and stipulate in the agreement that the signs will not be removed without National City's concurrence. The developer (Canyon-Cahan Properties) and National City have both approved the agreement, which is now submitted for approval by the City Council. With this approval, the project will be able to proceed to completion. FISCAL IMPACT: All construction activities associated with this project will be funded by the developer, who is responsible for all fees associated with City permits for the work being done. Attachment: Design Review Committee Minutes RLD: File No. KY-043 F:\HOME\ENGINEER\AGENDA \FD4LESS.113 I"-~ RESOLUTION NO. /7755 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT AMONG NATIONAL CITY, CHULA VISTA AND CANYON-CAHAN PROPERTIES FOR THE PROVISION OF SEWER SERVICE TO A FOOD 4 LESS MARKET THROUGH NATIONAL CITY FACILITIES WHEREAS, Canyon-Cahan Properties submitted a plan for the development of a Food 4 Less Market at 1320 30th Street to the City for approval of the site plan by the Design Review Committee, which approval was given on March 14, 1994; and WHEREAS, during the course of the plan review, it was determined that, because the property is north of SR-54 and the Sweetwater River, no Chula vista sewers were available to the site; and WHEREAS, consequently, sewer service would have to be provided through National City or Spring Valley Sanitation District facilities; and WHEREAS, the agreement provides for the necessary service to be provided by National City. NOW, THEREFORE, BE IT RESOLVED the City Council of the ci ty of Chula vista does hereby approve the Agreement Among National City, Chula vista and Canyon-Cahan Properties for the provision of Sewer Service to a Food 4 Less market through National city Facilities, a copy of which is on file in the office of the City Clerk as Document No. (to be completed by the City Clerk in the final document). BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said document for and on behalf of the City of Chula vista. C:\rs\food4les Presented by John P. Lippitt, Director of Public Works /P'J I/O -9 DESIGN REVIEW C01~lMITTEE -3- MARCH 14. 1994 2. DRC-94-22 Food-4-Less Southwest comer of 30thlN. Second Supermarket Staff Presentation Assistant Planner Amy Wolfe presented the project, reviewing the site plan and noting that staff found the project architecture to be very interesting. Ms. Wolfe stated that staff recommended approval of the project subject to the conditions listed in the staff report, and introduced Associate Planner Barbara Reid of the environmental section to summarize concerns received from the City of National City and various residents in response to the project. Barbara Reid reviewed the list of concerns, which included potential noise and traffic impacts resulting from the project. She explained staff's response to each of the issues raised, with Zoubir Oudah of the Traffic Engineering division providing further explanation regarding traffic issues. Applicant Response Project Architect Page Winkler reviewed the site and project architecture and staff recommendations. He pointed out that all four sides of the building have been architecturally enhanced, and that he was comfortable with the design as submitted. Committee Ouestions/Discussion Chair Gilman questioned the east elevation walls. Mr. Winkler stated that the screen walls will extend out as well as landscape screening. He stated that he had no problem with providing additional landscaping. Members discussed staff's recommendation concerning the depth of the roof features; member Rodriguez stated that he found the design in this area acceptable as is. Audience Discussion Jackie Currigan of the National City Planning Department addressed the committee'. She stated that in working with staff, some of the issues had been resolved, but a few remained. Ms. Currigan pointed out that the project site is directly across from a residential area which sits significantly higher than the project; residents will be looking down into the loading and turning area, and will also be impacted by noise generated by activities in that area. Ms. Currigan suggested relocating the loading area to the rear of the site, advising that it could still be screened from the freeway by walls which could appear as building walls. She stated that traffic issues were being worked out, and lastly noted that a graffiti deterrent coating on all walls would also be desirable. Myrtle Rudesill of 1319 E. 30th Street stated that her house will be looking down on the roof of the project. Mr. Winkler stated that there will be skylights on the roof, but that only one or two mechanical hoods will be placed there; no air conditioning units will be on the roof. He added that the parapets vary in size. Ms. Rudesill asked if there would /~~r DESIGN REVIEW COnMITTEE -4- MARCH 14. 1994 be any limitation on loading hours. Mr. Griffin stated that there are no zoning restrictions on hours; however, Ms. Wolfe stated that the applicant has agreed to limit store delivery hours. Ms. Rudesill stated that traffic is already heavy in this area, and that a commercial project across from the existing residential area is unsuitable. Mr. Griffin responded that this area is planned and zoned for commercial uses along this side of the street, adding that this hearing addressed design only, not land use. Hilda Jansen of 2929 M A venue stated that she was very concerned about traffic, citing the existing inability to make turns from certain streets on the northern side of 30th. Committee Discussion Chair Gilman stated that she was still somewhat concerned about screening of the loading area from 30th; she felt that higher planting material was needed. Mr. Winkler agreed that this would be done. MSUC (Gilman/Rodriguez) (4-0) to adopt Negative Declaration IS-94-15. MSUC (Gilman/Spethman) (4-0) to approve DRC-94-22 subject to the conditions listed in the staff report, with the following modifications: amend "d" to read - " 8" single score precision block shall be utilized as wainscotting material"; delete condition "g"; add condition "I" - "Graffiti deterrent coating to be utilized on the structure"; add condition "m" - "Roof top equipment shall be screened or painted to match the roof"; add condition "n" - "Screening shrubbery in the minimum 5' - 6' range shall be planted between the loading area and 30th Street". MSUC (GilmanlSpethman) (4-0) to amend the approval of DRC-94-22 by adding condition "0" - "A traffic analysis of the left-turn phasing at 30th Street and L Avenue shall be provided, to the satisfaction of the City Traffic Engineer". 3. DRC-94-34 Furr's Cafeteria 1032-1/2 Third Avenue Exterior Enhancements Staff Presentation Associate Planner Hernandez presented the proposal, which consists of the addition of red neon tubing and canvas awnings to the existing restaurant building. Photographs of Furr's buildings which have already incorporated the proposed treatments were provided for committee members to review. Mr. Hernandez stated that staff found the enhancements incompatible with the existing building, and recommended alternatives to the proposal. Applicant Presentation Mr. Bill Suggs, Project Architect, noted that neon is utilized on nearby buildings. He presented a sample of the proposed awning material. IP~(, f . " . RUCORD,,'1G REQUtSTBD BY: :~ City of National City 1243 National City Boulevard : ,National City, Ca 91950 . ., WHEN RECORDED ~L TO: City of National City 1243 National City Boulevard National City, Ca 91950 Attn: City Clerk RETURN ~LING INFORMATION RECORDER'S USE AGREEMENT AMONG THE CITY OF CHULA VISTA, THE CITY OF NATIONAL CITY, AND CANYON-CAHAN PROPERTIES FOR THE DEVELOPMENT OF A "FOOD 4 LESS MARKET" WITIllN CHULA VISTA AND ITS CONNECTION TO THE NATIONAL CITY SEWER SYSTEM TIDS AGREEMENT, made and entered into the ~1l1 day of ~. ,1994, by and among the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "Chula Vista", the CITY OF NATIONAL CITY, a municipal corporation hereinafter called "National City", and CANYON-CAHAN PROPERTIES, a California limited partnership hereinafter called "Developer" . WITNESSETH: WHEREAS, developer wishes to develop the lot at Assessors Parcel Numbers 563-370-19, 25 and 26, known as 1320 30th Street, Chula Vista, located at the southwest comer of 30th Street and North Second Avenue (Edgemere Avenue), with a "Food 4 Less Market"; and WHEREAS, on the 14th day of March, 1994, the Chula Vista Design Review Committee approved the proposed Food 4 Less Market design on the condition that the requirements of Negative Declaration IS-94-15 be satisfied. The Negative Declaration states that an agreement between Chula Vista and National City may be required in order to provide sewer service to Food 4 Less. WHEREAS, there are no Chula Vista sewer mains that can feasibly provide sewer service to the Food 4 Less Market; and WHEREAS, National City owns and operates an existing 6 inch sewer main in 30th Street; and jf)- 7 '. WHEREAS, on May 10, 1994, the City Council of National City, on the recommendation of National City staff, accepted and filed a report on the proposal for a sewer connection for the Food 4 Less Market in Chula Vista to a National City sewer. As a condition of allowing this connection, the report states it was proposed and approved by the City Council of National City that replacement of that portion of the 6 inch sewer line in 30th Street between "N" Avenue and North Second Avenue (Edgemere Avenue) with an 8 inch sewer line, and a minimum 6 inch sewer lateral connection would be required. This condition complies with engineering design requirements for public improvements stated in National City Ordinance No. 92-2033, Section 3.7.1 and 3.7.2; and WHEREAS, all portions of sewers lying within 30th Street, located between "L" Avenue and North Second Avenue (Edgemere Avenue) and within Chula Vista city limits, with the exception of the Food 4 Less sewer lateral, will be operated and maintained by National City; and WHEREAS, this agreement shall establish the rights, privileges and duties of the parties concerning the use of National City's system and the construction and maintenance of the connection to said system; NOW THEREFORE THE PARTIES HERETO AGREE as follows: SECTION 1. CONNECTION AND ENGINEER' S APPROVAL. (a) The plans and specifications for work within 30th Street required for the Food 4 Less Market shall be approved jointly by the City Engineers of Chula Vista and National City. National City shall be responsible for those portions of plans concerning sewers and sewer trench within the pipe zone and Chula Vista shall be responsible for portions of the plans dealing with street excavation and restoration above the pipe zone and construction of new surface improvements. (b) Developer, at its sole expense, shall perform and bear the cost of installation and Page 2 (f:\.hared\.ngin..r\fd41.....gr) Nov.mb.r 3, 1994 It)., 8" connection of the proposed 6 inch sewer lateral serving the Food 4 Less Market and the replacement of approximately 225 feet of an existing National City 6 inch sewer line in 30th Street between the manholes located at the intersections of "N" Avenue and 30th Street and at North Second Avenue (Edgemere Avenue) and 30th Street with an 8 inch sewer line, subject to inspection and supervision by National City. (c) Installation and connection of the proposed sewer lateral serving Food 4 Less Market and the sewer line replacement in 30th Street shall be performed in accordance with the requirements of National City as determined by the City Engineer of National City. (d) Developer shall be required to obtain a construction permit from National City in order to replace the existing 6 inch sewer main with an 8 inch line, to connect the 6 inch Food 4 Less sewer lateral from the property line to the new 8" sewer main and to install a cleanout in the sewer lateral. The developer shall not construct the lateral extending from the property line to the building until approval of this agreement by the City Council of National City and the project performance bond has been posted with National City. ( e) Developer shall be required to obtain a construction permit from Chula Vista in order to work within Chula Vista right of way in 30th Street. Chula Vista shall be notified at least 48 hours prior to sewer installation. (f) National City shall notify Chula Vista at least 48 hours prior to performing any non- emergency maintenance or repair of the sewer line in 30th Street. No payment of a permit fee by National City to, or issuance of a permit by, Chula Vista for said maintenance and repair work shall be required. (g) Sewer Capacity Fees and. Connection Fees shall be based on the higher of the fees which would be assessed by either Chula Vista or National City. The amount of the respective fees shall be determined by the City Engineers of Chula Vista and National City prior to issuance of the Page 3 (f:\.h.r.d\.ngin.er\fd41.....gr) Nov.mber 3. 1994 Ip., building permit for the proposed development. SECTION 2. COLLECTION OF FEES. (a) All Sewer Capacity and Connection Fees for the Food 4 Less Market shall be payable to and will be collected by National City. Applicant shall be required to provide to Chula Vista proof of payment of all fees prior to issuance of the Chula Vista building permit. (b) National City shall be responsible for the establishment and collection of the sewer service charges for the Food 4 Less Market. Such charges shall be payable to National City. National City shall be solely responsible for payment of all expenses not directly billed to Food 4 Less for the , transportation, treatment and disposal of wastewater discharged from the Food 4 Less property. The capacity in the Metropolitan Sewerage System owned by National City shall be used to serve Food 4 Less. SECTION 3. MAINTENANCE OF 8 INCH SEWER MAIN. National City shall operate, maintain, repair, replace and/or reconstruct all portions of sewer line on 30th Street between "N" Avenue and North Second Avenue (Edgemere Avenue). SECTION 4. MAINTENANCE OF 6 INCH SEWER LATERAL Developer shall operate, maintain and repair the 6 inch sewer lateral serving the Food 4 Less property from the building to the point of connection to National City's sewer main in 30th Street. Prior to any work in the public Right of Way, the developer shall obtain construction permits from National City and Chula Vista SECTION 5. AREA TO BE SERVED. Page 4 (f:\.h.red\.ngin..r\fd.l.....gr) Nov.mb.r 3, 1". I~-IP Only the aforementioned Food 4 Less Market, which is within the Chula Vista city limits, shall be served by National City sewers under the terms of this agreement. Chula Vista and National City agree that fOf purposes of this agreement the boundaries, extent and limit, shall be as delineated on the plat attached hereto and marked Exhibit "A" which by this reference is made a part of this agreement. Development on the portion of the property lying east of Paradise Creek Channel shall be served by the creation of a new agreement. SECTION 6. FUTURE CONSTRUCTION REOUIREMENTS. Chula Vista agrees to not construct any underground or above ground facilities which will interfere with the sewer in 30th Street. SECTION 7. PARKING ALONG 30TH STREET Chula Vista and Developer agree to prohibit parking along the Food 4 Less frontage on 30th Street. Said prohibition shall be discontinued only with the concurrence of Natio~al City. SECTION 8. HOLD HARMLESS. Clwla '.'iGta Ilaall di'alui aad Il~'a aad a9ld fraa aad aarmlaGIl }Iati9Ral Ci~ lIAd ~ agaRVJ, otIk~ri md ~mpIQy~orli fn;>}>> iA~' d~i, liabilitii'i, paAaltiai: or flRai: t9r iRj\lY)' 9r damage ts .Y pafG9R sr pfspertry' Sf f9r Ute dlatlt sf lIAY peRlSR ariGiRg Hsm Sf S\lt sf .y ast Sf sIBissi8B sf Ciulla ~. ~Sftl, its &geMs, 5ifteers, eHll'15yees 51 e8MraetefB, aRsit!g flBM Sf s~ sf MY defests it! l8e iMallatisa, eSRBWetisB, spsratisa, maiBteRMSe, flpaif, replailRlaRt _liI/sr nQ9R1lW~9R sf lIAY 9f ~ tile faeilities feEtHifed te he eSBSweted hy l8s dw:els,ef hy CIulla Vista. )JakSBaI Ci~y shall 'lStlet, illilRil, iBill--:~Y _il kshl karmlls8 Clwla Vista _d ~ &81&, J ilmi_G _d amplsyaa8 ffsm _y ilniV's~ lia\JilitiaG, p8Raltiall sr fUllS _d p~1R1At of fnll t9r iRjvY)' &. W 9r damage W &BY paRlSR Sf pf.Qpa~ sr t9f.1 ilaa. sf ~ perSSR aAsiBg ffsm sr Slit sf &BY ait V1.\ Page 5 (f:\.h.r.d\.ngin..r\fd.l.....gr) Nov.ab.r 3, 199. 10 ., 1/ er 8missi8B sf )]atieBal City, im ageBtB, em serB, elRpleYIi& sr ~SBY:a~tgn:, arifiwg frslR sr sut sf allY tlefee~ Hi tile Histallati8B, lil8BStmSti8B, speratl8A, lRaiRt~~aB~8, npair, feplalilelReBt &BEIler feElellBwliltieB sf saiQ fiWXir liRi~, lilsBBililtisB& aB9Isr app\lR8RaBlil8&. Developer agrees to protect, defend, indemnify and hold harmless Chula Vista and National City and their agents and employees from any claims, liabilities, penalties or fmes for injury to or damage to any person or property or for the death of any person arising from or out of any act or omission of Developer, its agents, officers, employees or contractors, arising from or out of any defects in the installation, construction, repair, replacement or reconstruction of facilities being constructed as part of this development. SECTION 9. TERM OF AGREEMENT. This agreement shall take effect immediately upon the execution by the parties hereto and shall continue for a period of 20 years, or the period of time for which the National City sewer line remains operational, whichever is longer. SECTION 10. AUTHORITY Each party represents that it has full right, power and authority to execute this agreement and to perform its obligations hereunder without the need for any further action, and that the parties executing this agreement on behalf of such party are duly authorized agents with authority to do so. SECTION 11. SUCCESSORS TO AGREEMENT This sewer agreement shall be binding upon, and shall inure to the benefit of successors, heirs, executors, administrators, agents, and assigns of Food 4 Less, the property owners, or the applicant. Page 6 (f:\.h.r.d\.ngin..r\fd.l.....gr) Nov.mber 3. 1994 /~'J~ IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their respective officials. Page 7 {f:\.h.red\engin..r\fd.l.....gr) November 3, 1"4 1(),13 Signature Page To Agreement between the City of Chula Vista, the City of National City and Developer for the use of National City's Sewer. IN WITNESS WHEREOF, the City of Chula Vista, the City of National City and Developer have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 1994 City of Chula Vista By: Tim Nader, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: Bruce M. Boogaard, City Attorney -------------------------------------------------- Dated: Novembe r 22 , 1994 City of National City By: 4 ~ ~~p d-/L/'~) - George aters, Mayor APprove/S~ ~-.If George Eiser, City Attorney City of National City Council Resolution No. 94 - 1 7 0 Adopted on: November 22, 1994 -------------------------------------------------- Dated: ,,/a , 1994 Canyon-Cahan Properties, a California limited partnership By: Hanaco, Incorporated IU~ Richard Handel Secretary By: Page 8 (f:\.h.r.d\.ngin..r\fd41.....gr) Nov.mb.r 3, 1"4 I~-I'I ., Exhibit List to Agreement (x) Exhibit A: Sewer Main Replacement at 30th Street (f:\.h.red\.ngin..r\fd.l.....gr) Nov.mber 3, 1"4 Page 9 / /P,I5' ItJ - /6 ... J . ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY ~l&N)Q>>XOO LOS ANGELES On NOVEMBER 8. 1994 before me, R.ICHARD A. NEWELL, NOTARY PUBLIC personally appeared RICHARD HANDEL . personally known to me (1)1~IllXlCcl>tllXllW<OOl:tk..Jba;sis<lllialti~pird'cmoe) to the person{l~.) whose name(~ is/~ subscribed to the within instrument and acknowledged to me that h~~ executed the same in his titsr authorized capacity~) and that by his/k~#~ signature~ on the instrument the person(s:) or the entity upon behalf of which the person(sJ acted, executed the instrument. Signature tA~~~:~~~f -J@COMM.#IClDUi691 Notary P\j)Ic - CalfomIa LOS AtGB.EI COUNTY - J.... ~ .~ ~~~.~~~12:1~ 1 (This atea for official notarial seal) (f,\sh.r.d\angin..r\fd.l.....gr) November 3. 1". Page 10 /~ - J~"' 1:>> >ZG) ;ac:a ~n~ m>!: -tzm ~<Z _0-1 -IZ> =c,!: Z>o o::Cz ::c>t:) CZ r--a-l >;a:C om ~-an cnm- ~;a-l >-1< - en>mo> mzen.,,~ ~c"'n> ==ti2~ en(l)~r-I: <o:c>m (l)om<-Iz -Iz - mZcen-l i:m~:!o (")mr.. ~r--I <50::c z-am i: ~m(") oz- ~-I -I < ::cOo m"'." 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COUNCIL AGENDA STATEMENT ITEM MEETING DATE 12/13/1994 1/ ITEM TITLE: Resolution J? 7~accepting California State Library matching funds awarded to the Chula Vista Literacy Team, appropriating funds, and amending FY 1994-95 budget SUBMITTED BY: Library Director ~\ tl\ REVIEWED BY: City Manag~ ~~ \4/5ths Vote: YES -"'-- NO -.-l In 1987 the library received a five-year California State Library grant to establish the Chula Vista Literacy Team. The fifth and final year of this funding was FY '91-92. The California State Library has announced another one-year extension of California Library Services Act funding for programs which were awarded the original five-year grants. The FY '94-95 awards are based on a match of $1 for every $4.97 spent and raised locally during FY '94- 95. This will provide $29,792 to the Chula Vista Literacy Team. RECOMMENDATION: That Council adopt the resolution accepting the grant, appropriating the funds, and amending the FY 1994-95 budget. BOARD/COMMISSION RECOMMENDATION: On September 28, 1994 the Library Board of Trustees voted to support the Literacy Team's application for FY 1994-95 CLSA Matching Funds. (Attachment A) DISCUSSION: On October 11, 1994, Council accepted the report and ratified the library's application for California State Library CLSA matching funds. (Attachment B) As an extension of the original CLSA literacy grant, these funds are intended to supplement monies raised locally to support library adult literacy programs. The $29,792 awarded must be spent in FY '94-95. Funds will be used to create an adult literacy computer learning lab at the literacy center in the new South Chula Vista Library. We will contract with a consultant to help set up the lab and to provide training to staff, volunteer tutors, and adult learners. Computer hardware and instructional software will be purchased. Additional funds will be used to cover the costs of printing letterhead, business cards, etc. with the Literacy Team's new address and phone number. This plan has been approved by the California State Library. FISCAL IMP ACT: Accepting this grant will provide $29,792 in FY '94-95 to the Chula Vista Literacy Team. These funds cannot supplant existing funds. (For matching fund budget, see Attachment C.) //-/ /11-2- RESOLUTION NO. 1775(, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING CALIFORNIA STATE LIBRARY MATCHING FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING FY 1994-95 BUDGET WHEREAS, in 1987, the California State Library grant Literacy Team; and Library received to establish the a five-year Chula vista WHEREAS, the fifth and final year of this funding was FY 1991-92; and WHEREAS, the California State Library has announced another one-year extension of California Library Services Act funding for programs which were awarded the original five-year grants; and WHEREAS, the FY 1994-95 awards are based on a match of $1 for every $4.97 raised locally and spent during FY 1994-95 which will provide $29,792 to the Chula vista Literacy Team; and WHEREAS, the California State Library has approved using the funds to create an adult literacy computer learning lab at the literacy center in the new South Chula vista Library; and WHEREAS, in addition, funds will also be used to cover the costs of printing letterhead, business cards, etc. with the Literacy Team's new address and phone number. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby accept the $29,792 California State Library Matching Funds awarded to the Chula vista Literacy Team. BE IT FURTHER RESOLVED that the FY 1994-95 budget is amended to appropriate $29,792 to Account 216-2166 as set forth in Attachment C, attached hereto and incorporated here'n by reference as if set forth in full. Presented by David Palmer, Library Director c : \ rs \ CLSA 1/- 3 / //-& ATTACHMENT A LIBRARY BOARD OF TRUSTEES - 6 - SEPTEMBER 28, 1994 The Trustees then took the following action in honor of the contributions Arturo Barrios has made to the Chula vista Public Library. MSUC (Alexander/Viesca) that the Young Adult Room in the new library be named after Arturo Barrios. (4-0-1 with Trustee williams absent) Director Palmer reported that Arturo Barrios will tour the new library on September 29th and invited the Trustees to join in. Arturo Barrios has recently become an American citizen. III. NEW BUSINESS A. Application for sixth and subsequent year Literacy Funding MSUC (Alexander/Clover-Byram) that the Library Board supports the Literacy Team's application. (4- 0-1 with Trustee williams absent) B. Adopt a School Director Palmer reported that a school in south Chula vista has approached the Library to become one of their Adopt-a-School partners. Director Palmer was concerned about singling one school for this benefit and for a time considered having each of the Chula vista Library facilities adopt all of the schools in their area. In light of the amount of staff time adopting all Chula vista's schools would require and the fact that the Castle Park and Woodlawn Park facilities will close in January, he proposed that the Library go ahead with a test case to see if the program should be expanded to all schools, or if unfeasible, dropped. vice Chair Clover-Byram reported that her firm has adopted three schools. Generally, responsibilities are determined by contract with the principal of the school. She did not understand why the library would be asked to adopt the school when its purpose is to reach out to all schools. She stated she would rather see some special programs that all could participate in. Student member Romo also was not in favor of excluding other schools. //,5 ATTACHMENT B M inuks Octoba II, 1994 Page 3 Council as to a City position. Staff recommends Council take no position regarding the request and file the report. (Director of Planning) Mayor Nader stated the staff recommendation was for the Council to not take a position on the County initiative. His vote to approve staff recommendation did not imply support for the initiative, speaking as an individual he planned to vote no on the initiative as it was poor planning to designate a specific landfill site at the behest of a particular interest group that would benefit from the selection of the site. ~' I. REPORT APPLICA nON FOR GRANT FUNDS FROM THE FEDERAL PARTMENT OF EDUCATION, LIBRARY SERVICES AND CONSTRUCTION ACT FOR THE PURCHASE OF SPECIFIC LIBRARY REFERENCE RESOURCES AS A MAJOR URBAN RESOURCE LIBRARY - As the Chula Vista Public Library is a City agency serving a resident population of over 100,000, it has been designated a Major Urban Resource Library by the U.S. Department of Education and is eligible to apply for a grant of $11,670 for the purchase of business and job-seeking materials for library users. Staff recommends Council accept the report and ratify the Library's application for $11,670 of Library Services and Construction Act Funds for the purchase of library materials. (Library Director) ~.) REPORT APPLICATION BY THE CHULA VISTA PUBLIC LIBRARY TO THE "eALIFORNIA STATE LIBRARY FOR CALIFORNIA LIBRARY SERVICES ACT (CLSA) FISCAL YEAR 1994/95 MATCHING FUNDS FOR LITERACY - The Chula Vista Literacy Team is applying for CLSA matching funds in order to supplement general funds used to support the Literacy Program. Staff recommends Council accept the report. (Library Director) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 14.A. PUBLIC HEARING PCZ-91-D - CONSIDERATION OF PREZONING 14.23 ACRES LOCATED NORTH OF THE TERMINUS OF MOONVIEW DRIVE FROM RR-l (COUNTY) TO RE-P (8.37 ACRES) AND RE-40 (5.86 ACRES) - MICHAEL DEl\flCH - The item involves a prezone of 14.23 acres to the City's RE-P and RE-40 zones, and the subdivision of 8.37 acres of the 14.23 acres into 12 residential and 2 open space lots. The parcel to be subdivided is proposed to be prezoned to RE-P. Two adjoining parcels to the east owned by the Sweetwater Authority are proposed to be prczoned to RE-40. All parcels are located north of the terminus of Moonview Drive in the County of San Diego. Staff recommends Council place the ordinance on first reading and approve the resolution. (Director of Planning) B. PUBLIC HEARING PCS-91-02 - CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR BONITA HILLS EXECUTIVE ESTATES, TRACT PCS-91-02 - MICHAEL DEMICH C. ORDINANCE 2607 PREZONING 14.23 ACRES OF LAND LOCATED NORTH OF THE TERMINUS OF MOONVIEW DRIVE TO RE-P (8.37 ACRES) AND RE-40 (5.86 ACRES) (first Teadin~) D. RESOLUfION 17687 APPROVING THE TENTATIVE SUBDIVISION MAP FOR BONITA HILLS EXECUfIVE ESTATES, TRACT PCS 91-02, MAKING THE NECESSARY FINDINGS AND ADOPfING THE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION MONITORING PROGRAM FOR IS-91-15 Martin Miller, Associate Planner, gave a briet" overview of the project. Council member Horton questioned where the gate entries were located. / /- (, ATTACHMENT C CLSA MATCHING FUNDS BUDGET FY 1994-95 December, 1994 BUDGET ACCOUNT: 216-2166 5212 Printing $500. 5298 Other Contractual $6,700. 5301 Office Supplies $492. 5321 Instructional Resources $5,500. 5324 Equipment $16,600. TOTAL: $29,792. //-7 COUNCIL AGENDA STATEMENT ITEM ):2.. MEETING DATE December 13, 1994 ITEM TITLE: Resolution 1775"7 approving a change Order with Dyna1ectric for lights and accompanying supports in the Children's Room and Browsing Area at the South Chula vista Library SUBMITTED BY: Library Director~(lA REVIEWED BY: city Manage~ t~~~14/5ths Vote: Yes___No-X-) On september 15, 1994 Council wa~informed that the bid awardee for the shelving in the Children's and Browsing rooms at the new South Chula vista Library could not supply the specified units with integrated lighting. (ATTACHMENT A) Instead, the shelving and light design used in the adult section will now be substituted in the Children's Room and modified for use in Browsing. Staff has negotiated with Dynalectric, the sole responsive bidder for the adult lighting and supports, to supply the same in the rest of the building. RECOMMENDATION: That Council approve the Change Order to Dynalectric for lights and accompanying supports in the Children's Room and Browsing Area at the South Chula vista Library BOARD/COMMISSION RECOMMENDATION: Not Applicable DISCUSSION: As the administrator of the bond act which is supplying 65% of the construction related funds for the new South Chula vista Library, the State Library is greatly concerned that all lighting in the building be of the highest possible quality. This is to insure adequate wattage, appropriate foot candles and also to prevent glare. Therefore, all selected light fixtures must be pre-approved by the State Bond Act Manager. During the design stage, the Bond Act manager suggested that a new style of book stack, with a low voltage light integrated on each shelf be used in the Children's Room and Browsing area. The Project Team agreed that this style of integrated shelving/light system was an excellent design solution and, with the Bond Manager's assistance, was able to identify at least one manufacturer, Scania. This type of shelving was then specified for the Children's and Browsing areas. Council awarded the bid for this special shelving to Burt C. Gentle for $138,719.08 on May 24, 1994 (ATTACHMENT B). Burt C. Gentle was both the low bidder and the sole responsive bidder in this section of the furniture and shelving bid. At the award of bid, the bidder stipulated that the lighting element had UL listing approval pending and expected the approval shortly, but requested release without penalty if the UL listing approval was not obtained. When /,2 -I PAGE 2, ITEM 1.2.. MEETING DATE: 12/13/94 the time to order the shelving arrived, Burt C. Gentle informed the city that UL approval could not be obtained by the scania manufacturer within a reasonable time and exercised the option to be released. The bid award to Burt C. Gentle was disencumbered and the monies returned to the appropriate unencumbered Capital Improvement Project Fund account. When the Project Team learned that Burt C. Gentle would not be able to supply the specified shelving with integrated lighting in Children's and Browsing it was decided to replicate the design used in the adult section. In the Children's Room, the lights and supports will be similar to those designed for the adult section with stainless steel hoops supporting a light fixture over the stack aisles. (ATTACHMENT C) The Browsing area lights will now be buil t into a canopy attached to all ninety inch high shelves. (ATTACHMENT D) As indicated above, Council was informed of this on September 15, 1994. Further, Council was informed that should the cost of the shelving and lighting be more than $25,000 each, but remain with the original amount awarded to the bidee, staff would make the change orders under the emergency clause in the Municipal Code Section 2.56.190. Such action would insure timely installation of the shelving and prevent potential delay charges of $800 to $1,000 per day by the General Contractor. Negotiations immediately began with the firm Hodkinson Torbensen, low bidder for the adult shelves, to supply the new shelving at a comparable per unit cost. Those negotiations were completed in mid October and under the emergency clause in the Municipal Code Section 2.56.190 the Hodkinson Torbensen' s purchase order was increased by $68,931.84. This insured that the shelving would be placed on order and installation begin in early December. Since the General Contractor must connect the electrical wires to the shelving units, this delivery date insures that the General Contractor will not be negatively impacted by any delays and avoids the costly delay charges. It was also (incorrectly) assumed at this time that the cost for the new lighting and supports would not bring the total cost over the original $138,719.08 bid award to Burt C. Gentle. Concurrently, negotiations were started with Dynalectric, the low bidder for the adult section lights and their necessary support structures. Dynalectric was both the low bidder and sole responsive bidder for the specified adult section lights which, as required, had been preapproved by the State Library to meet specific lighting and glare prevention requirements. The bid award also included the support structures which hold the light fixtures in place over the shelving aisles. The final quotes from / ,;. ., ;;... PAGE 3, ITEM / ,) MEETING DATE: 12/13/94 Dynalectric for the necessary lights and supports were not received until November 21, 1994 and totalled $123,540. (ATTACHMENTS E & F) This figure was reached only after considerable discussion which resulted in Dynalectric's quotes being decreased by approximately $30,000 from their initial cost estimate. This insures that the costs of the Children's light fixtures and supports are comparable to the adult section. Added together, the quote from Hodkinson Torbensen for shelving and the quote from Dynalectric for children's and Browsing light fixtures and supports totalled $192,471.84. As stated above, the Project Team had hoped that the two quotes would be within the $138,719.08 originally awarded to Burt C. Gentle. Once ordered, Dynalectric promises delivery of the lights within ten weeks. Since the lights can be installed after book stack installation, this delay will not impact the General Contractor. However, since the lights are necessary for patron usage of the library, it will delay the opening of the facility until mid to late February. Al though this is a costly change order, staff recommends this approach based on the previous lack of bids (Dynalectric was the sole responsive bidder for the adult section) and since the furniture and shelving bids came in under budget, the necessary funds are available. Additionally, rebidding the Children's room and Browsing area light fixtures would likely delay the opening of the new library until April. Finally, in light of the previous lack of bidders, there is no guarantee that rebidding will result in a lower cost. The Project's Interior Designer, Marshall Brown, has explored other options and also recommends that the city award to Dynalectric for the reasons stated above. (ATTACHMENT G) Further he is assured that the cost quotation is within the range of the most competitive due to the similarity to the original quote. FISCAL IMPACT: The original award to Burt C. Gentle for the Scania shelves with integrated lighting was $138,719.08. When it was determined that Burt C. Gentle could not supply the Scania units, the money was disencumbered and returned to the appropriate Capital Improvement Projects fund account. The purchase order to Hodkinson Torbensen was increased by $68,931.84, leaving $69,787.24 from the original encumbrance to Burt C. Gentle. The purchase order to Dynalectric for the Children's and Browsing 1.2:J PAGE 4, ITEM MEETING DATE: 12/13/94 /~ lights will be increased by $123,540 or $53,752.76 over the original encumbrance to Burt C. Gentle. These funds are available in the appropriate unencumbered capital Improvement Projects account. On May 24, 1994 Council awarded the bid for furniture and shelving in the amount of $1,376,870. Fortunately, the bids came in $176,597.70 under the appropriated budget of $1,200,272.21. Therefore, the needed funds, including the additional $53,752.76 will come from the furniture and shelving budget's unencumbered balance. This will still leave a considerable surplus and continues to insure that the furniture and shelving costs are still under the original budget estimates. Further, since lighting is an eligible cost under the state Grant, the state will reimburse 65% of the entire $123,540 change order (or $80,301) and the City's 35% share will be $43,239. All necessary funds were appropriated in the FY 1993-94 CIP budget. /.2- 'I RESOLUTION NO. /7757 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE ORDER WITH DYNALECTRIC FOR LIGHTS AND ACCOMPANYING SUPPORTS IN THE CHILDREN'S ROOM AND BROWSING AREA AT THE SOUTH CHULA VISTA LIBRARY WHEREAS, on September 15, 1994 Council was informed that the bid awardee for the shelving in the Children's and Browsing rooms at the new South Chula vista Library could not supply the specified units with special lighting; and WHEREAS, staff immediately began exploring other options for supplying the shelving and accompanying lighting with the preferred options for the shelving being supplied by Hodkinson Torbensen, and for the lights and supports being supplied by Dynalectric, the bidders that won the awards for the adult area shelving and lights; and WHEREAS, Council was also informed that should the cost of the shelving and lighting happen to be more than $25,000 each, but remain within the original amount awarded to the original bidee, staff would make the change orders under the emergency clause in the Municipal Code section 2.56.190; and WHEREAS, such action would insure timely installation of the shelving and prevent potential delay charges of $800 to $1,000 per day by the general contractor; and WHEREAS, under these circumstances, the purchase order to Hodkison Torbensen was increased by $68,931.84 on October 20, 1994 for shelving in the Children's and Browsing areas which units are on order and will be installed in early December which prevents any general contractor delays; and WHEREAS, the complete quotes from Dynalectric for the necessary lights and supports were not received until November 21, 1994 and totalled $123,540 which brings the total for both shelving and lighting to $192,471.84, which is $53,752.76 over the original bid of $138,719.08. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve a Change Order with Dynalectric for lights and accompanying supports in the hildren's Room and Browsing Area at the South Chula vis Librar. C:\rs\library.lit /.7- ~.5 / J J... - tp Bruce M. Attorney Presented by David Palmer, Library Director ATTACHMENT A ~ORMATIONMIMO~UM TO: September 15, 1994 Honorable Mayor and City Council ~ , " / ____. I. I . . G- { :; v John Goss, City Manager J / e David Palmer, Library Director ~ /J Robert Powell, Finance Director I'y DATE: VIA: FROM: SUBJECT: Change of Bid Award for Library Shelving One of the elements of the furniture bid for the new library was specialized shelving with integrated lighting for the Browsing area and Children's room. Council awarded the bid for this special shelving to Burt C. Gentle Co. for $138,719.08. At the award of bid the bidder stipulated that the lighting element had UL listing approval pending and expected the approval shortly. However, the bidder requested release without penalty if the UL listing approval was not obtained. Up to now, the UL listing approval has not been granted. The shelving manufacturer has indicated they will not manufacture the item until the UL approyal is obtained. As a result, the bid awardee cannot supply the product and requests that they be released from obligation to . supply the shelving, as specified. Staff is exploring other options for supplying the shelving and accompanying lighting. The preferred option is for the shelving to be supplied by Hodkinson Torbensen, the bidder that won the bid award for the section covering the majority of the shelving throughout the remainder of the library. This is standard shelving without lighting. Staff is also exploring obtaining the appropriate lighting from Dynalectric, the bidder that won the section to supply separate lighting for the remainder of the shelves throughout the library. .It is possible that the additional shelving and lighting would amount to less than $25,000 encumbered to each of the two vendors above. If this is the case, staff plans to proceed to change the existing purchase orders under the authority of the Purchase Agent. If the costs for the shelving and lighting happen to be more than $25,000 each but remain within the original amount appropriated for the shelving and lighting, in order to avoid delays which would cost the City money, staff intends to proceed to make the change orders under the emergency clause in the Municipal Code Section 2.56.190. The shelving must be in place in order for the General Contractor to finish the project and release the building to the City. Any delays at Owner request may result in a charge by the General Contractor of$800 to $1,000 per day. /~.? ):<. - ~ t / ATTACHMENT B CITY COUNCIL AGENDA STATEMENT Item Meeting Date OS/24/94 ITEM TITLE: Resolution Accepting bids and awarding contracts for the purchase of library furniture including shelving, custom casework, shelf task lighting, office furnishings, miscellaneous accessories and interior signage for the South Chula vista Library SUBMITTED BY: Interim Finance Director Library Director REVIEWED BY: City Manager (4/5ths Vote: Yes__No~) On April 23, 1991, the City of Chula vista was awarded a $6,747,528 Library Construction and Renovation Bond Act grant (Proposition 85) to construct the South Chula vista Library. The grant provides for reimbursement for 65% of the building project, including shelving and furniture. The total furniture and shelving budget allocation is $1,376,870, of which $894,966 is the State's share and $481,904 is the City's share. The bid specifications for the purchase of library furniture, including shelving, custom casework, shelf task lighting, office furnishings, miscellaneous accessories and ineerior signage, were developed by the project team for the south Chula vista Library, composed of the interior designer, Marshall Brown Interior Designer, Inc. of San Diego, the architects, LPA, Inc. of San Diego and Legoretta Architectos of Mexico City, the Project Managers, Starboard Construction, Inc. and Project Solutions, Inc., the City's Purchasing Department and the Library. The bids were advertised and released on March 2, 1994. sixteen (16) bids were received. The bids were opened at 3:00 p.m. on April 5, 1994 in the Otay Ranch Project Office conference room. The bids came in at $1,200,272.21 which is $176,597.79 or 12.8% under budget. There were no bids from Chula vista companies. Attachment A is a list of all bids received. RECOMMENDATION: That the City council adopt the Resolution which accepts the bids and awards the contracts to the following bidders: Section Bidder Amount w/tax 1 Shelving Hodkinson Torbensen Newport Beach $ 51,194.15 1A Wood/Steel Shelving Burt C. Gentle, Co. San Diego $ 138,719.08 I:J.-~ /1 .:J section 2 Custom Casework (end panels and canopies) 2 Custom Casework (all other items) 3 Lighting 4 Furnishings 5 Miscellaneous Accessories 6 Interior Signage Bidder Hodkinson Torbensen Newport Beach Quality Cabinets San Diego Dynalectric BKM, San Diego Office Pavilion San Diego BKM, San Diego Eastman, San Diego Office Pavilion, San Diego Parron-Hall, San Diego Spector Design, Inc. San Diego Total Page ~, Item Meeting Date 5/24/94 Amount w/Tax $ 61,205.07 $ 338,643.23 $ 149,335.62 $ 164,795.14 $ 186,534.58 $ 29,690.00 $ 2,660.73 $ 17,017.93 . $ 43,674.47 $ 16.802.21 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable $1,200,272.21 The Library Board has reviewed the custom casework and furniture design as the project has progressed. DISCUSSION: The bid specifications for the library furniture were written to insure that the furniture be of high quality and durability, similar to that of the library at 365 F Street which was built in 1975. The original furniture is still being used in that building and remains in good condition since its installation nearly 20 years ago. Marshall Brown, of Marshall Brown Interior Designer, Inc, was the interior designer for the 365 F Street building and is the interior designer for the South Chula vista Library as well. His proven expertise has helped insure the quality of the proposed furniture purchases. The California State Library requires that any and all furniture purchased with Proposition 85 funds have a useful life of at least .---...-. /~-/tl Page -2...-, Item Meeting Date 5/24/94 ten (10) years. As a result, quality and durability are an emphasis in the furniture specifications and selection process. Library furniture bid specifications require that the successful bidder/s deliver and install in place library shelving, custom casework, shelf task lighting, office furnishings, miscellaneous accessories and interior signage. There were 222 items in the bid, divided into seven sections: section 1 Section lA Section 2 Section 3 section 4 Section 5 section 6 Shelving Wood and Steel Shelving Custom Casework Lighting (Shelf Task Lighting) Office Furnishings Miscellaneous Accessories Interior Signage Bidders were instructed that they could bid on entire sections or portions of sections. sixteen (16) bids were received, seven were for section 2 - Custom Casework, and five each were received for section 5 - Miscellaneous Accessories, and section 6 - Interior signage. section 4 - Office Furnishings had four bidders while sections 1, and 1A had three bids for Shelvipg. The section on Shelf Task Lighting, section 3, had two bids. Some bidders bid on more than one section but the majority of the bids were partial bids rather than bids for entire sections. Bids were evaluated on the basis of commodity grouping, item by item, and/or manufacturer. LIGHTING Lighting is an important factor in the furniture specifications and bids. Ambient light is provided in the building as well as numerous skylights and windows, creating a gentle, welcoming atmosphere. However, this I ighting is not adequate for doing tasks such as reading, writing or viewing materials on the shelves. In order to provide task lighting, the bid specifications call for lighting for the shelving, the study carrels and adult tables. To accommodate shelving needs and task lighting specifically, three separate sections in the bid were developed, Sections 1, lA and 3. Section 1 specifies the standard steel shelving without lighting. This shelving will be located in the adult area and is similar to that found at the library at 365 F Street. The lighting for Section 1 shelves is specified separately in Section 3. This section calls for semi-circular structures or arches that will be placed at the end and on top of each shelving range. The arches will serve the dual purpose of structural support, connecting the ends of two shelving ranges to one another, and it will also serve as the support for the light fixtures above. /,}-I/ Page -4-, Item Meeting Date 5/24/94 The lighting fixture will be centered in the middle of each arch. Also, the lighting fixture will span the length of the shelving ranges, casting light from the top shelf to the bottom shelf of each range. Attachment B shows the arch and the accompanying light fixture. section lA, by contrast, incorporates the lighting into the shelving specifications, rather than separately. This wood and steel shelving has a light attached to each individual shelf. The shelving was specified for the Children's Room and Browsing area where the shelves could not be as high and therefore could not appropriately accommodate the arches and accompanying light fixtures. Each shelf light has a protective child proof covering. As an alternate bid, Burt C. Gentle Co. bid a single style of shelving with integrated lighting on each shelf for the entire library. However, this solution is not proposed throughout the library because it is most likely to require greater ongoing operational and maintenance costs in replacing numerous light bulbs. Also, it may result in higher energy costs. Section 3 primarily calls for the lighting for the shelves specified in Section 1. The lights are to be centered in the supporting arches which also connect the ends'of the shelf ranges as described above. section 3 also includes task lighting to be integrated into some custom casework furniture in order to provide adequate lighting for reading and writing. Bids for each of the seven sections, including the lowest and/or responsible bids for each section are discussed below. SECTION 1 - SHELVING Section 1 specifications called for standard steel shelving which will be placed in the adult area. As stated above, this shelving does not have integrated lighting. The low bidder for the steel shelving was Hodkinson Torbensen for $47,845. Hodkinson Torbensen bid Estey shelving which the Interior Designer and Architect determined to be an equivalent to the bid specifications. Comparison to the other bidders is shown below. The lowest responsible bid is in bold and is shaded. /).,/~ Page ~, Item Meeting Date 5/24/94 SECT. 1 AMOUNT TAX TOTAL TERMS BIDDERS ~]_L~~__ Yamada 54,742 3,831.94 58,573.94 N/A Industries Burt C. Gentle 60,320 4,572.40 69,892.40 N/A Co. Burt C. Gentle 252,200 17,654.94 269,854.00 N/A Co. Alternate Bid Recommendation for section 1 Bid Award including taxes and fees: Hodkinson Torbinson $ 51,194.15 SECTION 1A - WOOD AND STEEL SHELVING This section is distinct from section 1 because it calls for wood and steel shelving with integrated lighting on. the shelves for the Children's Room and Browsing areas specifically. The specifications called for Scania/BTJ shelving or an equal. Burt C. Gentle Co. was the only bidder that submitted a responsible bid. The other bidders, while submitting lower bids, left out components that were required, such as lighting, or submitted a bid for a product that was not equal to specifications as determined by the Interior Designer and Architect. The lowest responsible bid is in bold and is shaded. SECT . 1A AMOUNT TAX TOTAL TERMS B I DOERS - - - - . *Hodkins on $ 8 1 , 6 7 5 . 5 0 $ 5 , 7 1 7 . 2 9 $ 8 7 , 3 9 2 . 7 9 N/A Torbens en * Y amada $ 8 3 6 6 0 . 0 0 $ 5 , 8 5 6 . 2 0 $ 8 9 , 5 1 6 . 2 0 NjA , Enterpri se s *B1d does not meet spec1f1cat1ons Recommendation for section 1A Bid Award including taxes and fees: Burt C. Gentle Co. $ 138,719.08 /J.-I,j Page ~, Item Meeting Date 5/24/94 SECTION 2 - CUSTOM CASEWORK The custom casework includes each of the major public desks for reference (Information Desk), Children's, Circulation and the Technology User's Center desk. Other elements of the custom casework include public workstations for accessing the online catalog, study carrels, study tables, directory and display kiosks, the end panels and canopies for the shelving. As advised by the Interior Designer, Marshall Brown, certain furniture are designed as custom casework in order to integrate the sophisticated wire management for the electrical, shelf task lighting, telephone and data communications connections needed to support the technologies to be used throughout the building currently and in the future. Only two bidders out of six submitted bids for the entire section - Quality Cabinets at $376,478 and Office Pavilion at $488,785.70. Although Office Pavilion offers a 10% discount if paid within 15 days ($439,907.13), the Quality Cabinets bid was still lowest. A list of all bids for Section 2 is included below. The single lowest responsible bid is in bold and is shaded. AMOUNT TAX TOTAL TERMS :~:~:: . .:...........::::!I'I~llliiiil_lllllll!iiiliilliliiiiii!ll!!liiiill\lililf,II[llili 1~llii!illlllllilllillllilj iiiiiilllilfll[IIIII!; !jiiliilif~:... .:':':'.':~!iilllt~iiiiliil~~liil *Hodkinson 57,201 4,004.07 61,205.07 Torbensen *Yamada Enterprises 57,304 4,011.28 61,315.28 *Parron-Hall (1. 5% 110,065 7,704.55 117,769.55 1.5% fee included) fee *S-Two 285,585 19,990.95 305,575.95 *Eastman 375,606 26,292.42 401,898.42 30% deposit Office Pavilion 439,907 30,793.49 470,700.49 10% 15 (10% discount days included) * Partial Bid I).. -11 Page -1-, Item Meeting Date 5/24/94 The Quality Cabinets bid, as the lowest complete bid, was used as a benchmark below to compare group costs for the same items from the other bids which were partial bids. SECTION 2 PARTIAL BIDDERS AMOUNT COMPARISON TO QUALITY CABINETS' BID Hodkinson Torbensen 57,201 59,989 Yamada Enterprises 57,304 59,989 Parron-Hall 110,065 96,505 S-Two 285,585 196,121 Eastman 375,606 347,322 In the case of bidders Eastman, Parron-Hall, and S-Two, each of their partial bids are higher than the Quality Cabinets bid for the same items. This is not the case for the two other bidders listed, Hodkinson Torbensen and Yamada Enterprises. These two bidders submitted partial bids for the end panels and panopies only. As a result, the low bid for end panels and canopies only is Hodkinson Torbensen. As discussed above, Quality Cabinets is the low bidder for all items excluding end panels and canopies at $338,643.23 with tax included. staff recommends that the award for section 2 be split to take advantage of the lower bid for the end panels and canopies offered by Hodkinson Torbensen and proposes award of all other items from this section to Quality Cabinets. Recommendation for section 2 Bid Award including taxes and fees: Hodkinson Torbensen for end panels and canopies $ 61,205.07 Quality Cabinets for custom casework $ 338,643.23 SECTION 3 - LIGHTING (SHELF TASK LIGHTING) Dynalectric, at $139,556 submitted the only responsible bid for shelf task lighting. The other bidder, Yamada Enterprises, bid $98,300. However, this bid, while lower, includes lighting fixtures which have acrylic lenses and a painted finish which do not meet bid specifications as required by the Interior Designer, Architect and California state Library. In order to meet specifications, Yamada Enterprises bid would be $101,000 higher, or $199,300. The lowest responsible bid is in bold and shaded below. 12.-/f' Page ~, Item Meeting Date 5/24/94 meet specs Recommendation for section 3 Bid Award including taxes and fees: Dyna1ectric $ 149,335.62 SECTION 4 - OFFICE FURNISHINGS section 4 - Office Furnishings, includes a variety of library office chairs, tables, desks, credenzas, bookcases, and panels. Four bids were submitted, each of which was a complete bid. The single lowest responsible bid which includes all items as specified is in bold and shaded below. All items are included except for the Metropolitan table which most bidders did not bid as a result of the need for clarification on that item. . SECT. 4 BIDDERS AMOUNT TAX TOTAL TERMS Parron Hall 323,517.73 22,646.24 346,163.97 includes Alternate Bid 1.5 fee, 1% - if awarded all 325,061.14 22,754.28 347,815.42 10%/15 days Eastman 341,093.95 23,876.58 364,970.53 30% deposit 25,090.52 383,526.58 includes 1.5% fee, 10% disc/all Parron-Hall Original Bid 358,436.05 The bids were analyzed by manufacturer group in order to determine the lowest prices per manufacture. Some substitutes for specified manufacturers' items were submitted by bidders in order to provide lower prices. However, of those substitutes some were determined /,;,/(, Page -2-, Item Meeting Date 5/24/94 to be unacceptable because they did not meet the specifications. For example, manufacturer ICF was submitted as a substitute for Metropolitan. The Interior Designer and staff found that the IeF chairs do not match the custom tables as specified. Another manufacturer with a substitute item, Cleator, themselves determined that they could not meet the specifications for the HBF items as specified. The chart below is a comparison of the three consistently lowest bidders bids for section 4 bv Manufacturer. The 10% discount for paYment within 15 days of delivery offered by Office Pavilion, and the 1.5% administration fee required by Parron-Hall are taken into account here. The prices shown do not include taxes. The lowest bid per each manufacturer's grouping which meets specifications is shaded below. Staff recommends splitting the award of bid as indicated below. SECT. 4 OFFICE FURNISHINGS BID COMPARISON BY MANUFACTURER BKM PARRON-HALL W/1.5% FEE Bernhardt 44,410.96 48,188.22 Brandrud 5,208.76 4,967.09 Charlotte ::i!i::lili:!I:illiI1il::il:liii~i:i: 14, 113 . 06 35,508.48 33,419.69 :::ii::I~i:liiili~ilil~liillllllrlili 18, 319 . 45 :i:iiilll!!;,:llllilii~lillllilil!i 99, 791 . 61 15,322.33 14,831.14 58,795.00 61,153.21 :i::::i:I!!!I!:lilitilil:l~!I!!i!!:l!: 39, 502 . 77 Davis DM Furniture HBF Furniture Howe Keilhauer Metropolitan Herman Miller I Summit wieland *Subst1.tuted .!j::i::!i::i:I:::liililil::~i:I:li!ilii:: I 6,765.21 I 4,950.71 7,705.40 OFFICE PAVILION W/10% DISCOUNT iiiii!li~:iliilliililil~iilirliiiiiliiji~iiiifljl)'~ij~~~ii~iii: 13,180.19 iii!i!I!~li!11~L.':':::::::::::::~rll!!!!I!!!1111IillI1ll!!i!iliiiiii!iiilil~ 17,292.13 97,679.58* :iiiiillir~iilillli~iilili:~~l:lll~li:iiii!:;:.. :iiiiillli;,iilillii~111:liiiiliiiii:llilllillilill'11~li~iiiiii:: 18,030.60* 4,546.74 liil:i:llliiiiillll:i~iilililiiiiii!iii!lillll:iiiilf.lliil:i:lllil 14,218.60 14,872.60 Ililllillllill~11 manufacturer's l.tems do not meet spec1.f1.cat1.ons Recommendation for section 4 Bid Award including taxes and fees: BKM $ 164,795.14 Office Pavilion $ 186,534.58 /,) -/7 Page 10 , Item Meeting Date 5/24/94 SECTION S - MISCELLANEOUS ACCESSORIES section 5 Miscellaneous Accessories includes cushions for Children's Room special seating, file cabinets, book trucks, bulletin boards, trash cans, including large concrete receptacles, globes, clocks and other miscellaneous items. There were five bidders, only one submitted a complete bid. All bids for Section 5 are shown below. The lowest responsible bid including all items as specified is in bold and is shaded below. SECT. S BIDDERS AMOUNT TAX TOTAL TERMS *Office Pavilion 35,566.21 2,489.63 38,055.84 10% 15 (with 10% disc) days *Eastman 47,806.37 3,346.45 51,152.82 30% deposit *Vertex 59,100.00 4,137.00 63,237.00 NjA *BKM 61,659.86 4,316.19 65,976.05 NjA Section 5 was also evaluated by manufacturer grouping of items for the lowest bidder per manufacturer. The table below takes into account the 10% discount offered by Office Pavilion for payment within 15 days and the 1.5% administration fee required by Parron- Hall. Prices listed do not include taxes. The lowest bid per each manufacturer's qroupinq which meets specifications is shaded below. Staff recommends the bid award be split to take advantage of competitive pricing by manufacturer. The last item - Section 4, Metro Table, was bid as specified only by Parron-Hall and is included in the Sect. 5 comparison in order to consolidate this single item recommended for award to Parron-Hall from Section 4 with the other items recommended for award to Parron-Hall from Section 5. 1.2-18" Page 11 , Item Meeting Date 5/24/94 SECTION 5 MISCELLANEOUS ACCESSORIES BID COMPARISON BY MANUFACTURER MANUFACTURER Harbor McDonald Howe-Hardwood Visuals Peter Pepper Nessen Nucraft AER Architectural Supplement Mobile Cable Systems Gaylord Gerber Gryphon *Knoll Extra Lawrence Nova Russ Bassett Worden Section 4 Metro Table 1111111.111'11111'111.111!11111.1'!'III"illllllllllll~!Iillllll No Bid 11111111111111111111.1111.1,1111111111'1111111.1111'11ll'll.lllllll~tll. No Bid No Bid i:iiiiiiiiliili:l:iil:reili:il:ililiiiiiii:i:iiiiiiiliiiiiii~i:iiii:ii~l~i No Bid 3,131.26 ::::i::::::::::iilil:iii::::illi;ii~:il;:ii:iiii::iiiii:iii:iiiiiiliiiii:iiilli!ii:i 6,050.00 No Bid ::i::i:iiii:!i::~iiiiiii::llliliiill:ll!iii:i:ii:111i!i:::i:~1~:i!:ii:i~11ir!l~; No Bid BKM 6,582.17 !iiiiiiiliii:liiliiliililii!l!iliililil!!!!II!I!!!11111IIIIi!!!!il!!!!!! 2,535.66 3,636.00 No Bid PARRON-HALL W/1.5% FEE 12,736.09 No Bid 3,325.14 7,769.59 No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid Bid Substitute 1::!!iii!ii!!li!1'-fillilf!~1!!1~1~II:i!II!:!li!!iii!!!i!!!!i!l!ii:: 6,085.17 :iiiiiiligiii1iiI11\:::'~' ..t...::.::;;!ii~iiiiiiiiii~iii!!~illiii~ijiiil:; 3,594.78 1,110.18 i:!~iii!:!~:I:::1.:1:lil:lli1.ii;;~iiiiiiiii~'iiiiii:~ir~iif;~Jii: ::i~lii!il!I:::~1::lliliii!iiil!iliiiiii1i~~\:1~i!~:flli~I~!: 298.91 1!11!11!.!II!lllllllll.IIIIIII!1111!1!1I1111!11.1'!II.11I * Eastman is low bidder for Knoll Extra at $2,486.66. This is the single low bid item for Eastman, all other manufacturers' items bid by Eastman are higher than the three bidders listed above. As a result, Eastman's bid is not shown in the comparison above. /:1"'/9 'Page 12 , Item Meeting Date 5/24/94 Recommendation for Section 5 Bid Award including taxes and fees: BKM $ 29,690 Eastman $ 2,660.73 Office Pavilion $ 17,017.92 Parron-Ha11 $ 43,674.47 SECTION 6 - INTERIOR SIGNAGE There were five bidders for Section 6 - Interior Signage. Spector Design Inc.'s bid of $15,703 was the lowest. The next to lowest bid was submitted by American West Sign Company at $39,896. All bids for Section 6 are shown below. BIDDER AMOUNT TAX lliiiB;&~IIIIIIf.IIII~~tf.ill~ilfillll~'lli'llii illill:~::". ............ ..... ..111Iil~11111111ii;iiljijlll~1 tm.. AMERICAN WEST SIGN COMPANY 39,896 2,793 42,689 3% w/50% deposit 1. 5% 10 days AHR SIGNS DBA AMPERSAND (with 1.5% for payment in 10 days) R.B. Industries 43,221 3,025 46,246 KARMAN LTD. 45,225 61,318 3,166 4,296 48,391 65,614 N/A N/A Recommendation for section 6 Bid Award including taxes and fees: Spector Design, Inc. $ 16,802 FISCAL IMPACT Funds for the furniture and shelving in the amount of $1,376,870 were appropriated under the FY 93/94 CIP budget. The Library Construction and Renovation Bond Act grant (Proposition 85) reimburses 65%, or up to $894,497 for furniture and shelving. The City's share is 35% or up to $482,373. However, the bids came in $176,597.79 (12.8%) under budget at $1,200,272.21. Therefore the State share and city share will be reduced to $780,177.94 and $420,095.27, respectively. I,J-~O en ...... :J (J) Q) cr: u C5 <D ~ :J --' ~ ~ :J Ll.... B (J) :> cu :J ,.- u ,.- :J o Cl) (0 c o .... co U .g ~ (J) ~ ~ Cf) c: ~0 <( f- :z UJ ~ :!: () <:( t: <( LD C o '" .~ .... o '" - '" u 0 ~ (J) .!:1 0 Cf) ~ <( '<:" C o -.;:: I) u ~ E (J) - ::l Cf) 0 u. 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I . ~ ~ ' ,'0, ~ --J;~~ - ~ &t " , II '-.. ~ ._ _ __ ..JL- --=\~ ~ ( I 'I ~~ . )r-,__ ~ ~/ / ( ~ ___-1\--- K<~ \1 ~~- ~ I( ~ ~ ~ (', ~ ,...,' f "" --.. ~0S .- : ( '- ~ ----:~ -- ~ ( ( ts:: .,/( ,-'- ~ :' (( ~ ~ -- ~f.(~ ---~ ~ J~< ~ · / If - ~~ ~ L _ r~7-=-=lf:-=A ~_ _ _ E;; -rfflClr!-- [3f,O(;1f7/f!6 4-tfezj;/f1fD C//(/{:~@jtJ2 !({~/f_O(l /;2.~.2Y ~ No rf!Q;e~.> f1tfO 1/fiAIY f If/N[D A:!~ (Aae!5> ffflb mal ceci' ~ mm1L~ICI November 18, 1994 Ms. Deborah Barrow City of Chula Vista 365 "F" Street Chula Vista, CA 91910 Reference: South Chula Vista Library Subject: Proposal Request F-2 Revised Policy Dear Deborah: ATTACHMENT E OYNALECTRIC COMPANY ELECT RICAL CONTRACTORS 9505 CHESAPEAKE: DMIVE SAN DIEGO. CA 92123.6393 T2L 619f5cQ.cece FAX 61915';0'0916 P~r our meeting last Friday, we have revised 01.:; pricing for the Children's Area lig.:'1t fi.xtures. All of the previous Scope clarifications remain v.iL'1 the e.xception of the 11" stem ex"'!ensions. We have deleted the extensions for the 6Q1< stacks and are pro'Yiding the111'for the 45" stacks only. P.R. # F.2 - Children's Area \Ve have not yet received any revised pricing for the Browsing Area. Please call v,.ith any furt.1er questions. Si.:1cerely, L Y!. /' Pbilip Petersen Construction ?Yfanager PP:k1m 1.2-P1.5 S31~180.00 TOTAL P.02 ATTACHMENT F ~ -~ DYNALECTR!C COMPANY E~ECTRICAl CONTRACTORS 9505 CHESAPEAKE DRIVE S~N DIEGO. CA 92123-63:;3 TEL 61 ~/56C-06oa FAX 619/5$0.091 S November 21) 1994 Ms. Deborah Barrow City of Chula Vista 365 /IF" Street Chula Vista, CA 91910 Reference: South Chula Vista Library. Subject: Revised Browsing Area Dear Deborah: The revised pricing for the Browsing Area fixtures is $42,360.00 ( Forty-tWo Thousand Three Hundred Sixty and NoilOO Dollars). We have not yet received any submittals or photometric data. Hopefully this information will be available this we.ek . Please call \vith any further questions. . Si"ncereIy, DYNALECTRIC COMPANY Philip etersen Construction Manager PP: drl I), -~(, TOTAL P.02 E,09 POl DEe 08 '94 10:11 ATTACHMENT G Decemoer 8, 1994 Mr. David Palmer CHULA VISTA PUBLIC LIBRARY 365 F street Chula Vista, California 91910 Subject: South Chula vista Library Lighting-children's Library Dear David: I had promised to supply additional quotations for the manufacture and installation of the stack lighting for the Children's Library. Several electrical contractors had assured me that they would comply with my request. This morning I was notified that after they got into the process, Lightolier refused quotation to additional contractors. Additionally, the contractors are also nervous about working in an area with another contractor. There is the question of liability. All are offering to shop the project with other manufacturers. In order to accomplish this, they would need (l) a complete set of drawings and (2) several weeks to allow time for costing the product development that would be necessary to complete the proposal. Should we adopt this alternative, we run the risk of providing product that does not exactly match in appearance. Also I doubt if any new manufacturer would be willing to produce the supports exactly as we have approved. Perhaps even more seriously, we would have a delay as we work out the design and production with another company. /~ -.27 Page 2 Mr. David Palmer December S, 1994 It is my recommendation that we award to Dynaelectric on the basis that they were the original low bidder and the apparent sole possible source for product to match in function and appearance the product already authorized. We are assured that the cost quotation is within the range of most competitive due to the similarity to the original quote. I am sorry for my inability to perform as promised. I am willing to do anything that can be of additional assistance. Brown, President BROWN - INTERIOR DESIGNER, INC. /;l.-:l.~ COUNCIL AGENDA STATEMENT ITEM MEEfING DATE 12/13/94 13 ITEM TITLE: Report on two applications for Federal Department of Education, Library Services and Construction Act, Title VI, Library Literacy Program grant funds to continue a model program for dyslexic adults, and to continue a model writing program for adult learners. SUBMITTED BY: Library Directo~~ REVIEWED BY: City ManagerS~ ~11/5Ihs Vole: YES _ NO-2L) The Chula Vista Public Library has applied for $34,945 and $34,970 in Federal Department of Education, Library Services and Construction Act, Title VI, Library Literacy Program grant funds for FY 1995-96. The first grant will enable us to continue our successful program teaching learning diasbled (dyslexic) adults. The second will enable us to continue offering small group writing classes for adult learners. The Department of Education accepts multiple proposals from individual libraries, and considers each proposal separately. RECOMMENDATION: That Council accept the report and ratify the applications. BOARD/COMMISSION RECOMMENDATION: It is expected that the Library Board of Trustees will support the Title VI grant applications at their meeting on December 7, 1994. DISCUSSION: If the first application is approved, funds ($34,945) will be used to continue our successful program, begun in October, 1994 under a current Title VI grant, to identify and aid adult learners with language based learning disabilities, commonly referred to as dyslexia. A .72 FTE Instructor position will continue, as well as a .47 FTE position for administrative/clerical support for the program. The program requires recruitment and training of 45 volunteer tutors who will use instructional materials and techniques specially designed for this population. Extensive support will be provided to these tutors. All participants will be pre- and post-tested to determine the model's efficacy. If the second application is approved, grant funds ($34,970) will be used to continue the model writing program. A variety of small group writing classes for learners enrolled in the Chula Vista Literacy Team will be taught in the mornings and evenings at the South Chula Vista Library, at several elementary school sites, and other community locations. We will hire .63 FTE /3' / instructor(s) to develop and conduct the classes. It is anticipated that approximately 45 new adult learners will be served, in addition to training up to 20 volunteer tutors. The classes will also serve as a training ground for volunteer tutors to improve their techniques for teaching basic writing skills. Chula Vista Elementary School District's family literacy program Even Start will act as a community partner on this project. FISCAL IMPACT: These funds cannot be used to supplant the existing tutor reading program, however if either application is successful, $3,690 in salaries and benefits for the Literacy Team Coordinator will be available to offset general funds in FY '95-96, as well as $1,230 in FY '96-97. If both grants are awarded, general fund reimbursement will total $7,380 in FY '95-96, and $2,460 in FY '96-97. /3"',.2 COUNCIL AGENDA STATEMENT Item l!/ Meeting Date 12/13/94 ITEM TITLE: Public Hearing: Conditional Use Permit PCC-95-13; Appeal from the decision of the Planning Commission to approve a proposal by the Salvation Army to operate a thrift store selling used clothing at 366 Broadway - Jerry Fick Resolution 1'175 B'rienying the appeal and thereby affirming the decision of the Planning Commission to approve PCC-95-13 to operate a thrift store selling used clothing at 366 Broadway 'I ,'"7 .,1 ==::B:~: ::c:~:~:~~ (4/5ths Vote: Yes_No~ This item is an appeal by Mr. Jerry Fick from a decision of the Planning Commission to approve a request to locate a Salvation Army Thrift Store selling used clothing in an existing commercial building at 366 Broadway in the C- T Commercial Thoroughfare zone. Mr. Fick is the owner/manager of the Rose Arbor Mobilehome Park located to the north and west of the site in question. The sale of used clothing is a conditional use in the C- T zone. The Environmental Review Coordinator has determined that this proposal is exempt from environmental review as a minor change in land use (Class 5 of the CEQA Guidelines). RECOMMENDATION: That the City Council deny the appeal and thereby affirm the decision of the Planning Commission to approve PCC-95-13. BOARDS/COMMISSIONS RECOMMENDATION: On October 26, 1994, the Planning Commission voted 5-0, with one abstention and one excused absence, to approve the proposal in accordance with Resolution PCC-95-13 attached hereto. DISCUSSION: 1. Existing site characteristics. The property in question is located on the west side of Broadway, between "F" and "G" Streets. It contains two vacant buildings; one of 7,125 sq. ft. on the northerly portion of the site at 360 Broadway, and one of 9,300 sq. ft. on the southerly portion of the site which is the subject of this application. The site is presently served by 56 off-street parking spaces. A 6-ft. high concrete block zoning wall separates the site from the mobilehome park to the west. 11/- / Page 2, Item 1!L Meeting Date 12/13/94 2. Adjacent zoning and land use. North South East West C-T C-T C-T R-3 Commercial/Retail uses Commercial/Retail uses Commercial/Retail uses Mobilehome Park 3. Proposed Use The proposal is to use the existing 9,300 sq. ft. building as a Salvation Army Thrift Store, to include 7,600 sq. ft. of sales area, 1,500 sq. ft. of storage, and a 100 sq. ft. office area. Merchandise would consist primarily of used clothing, furniture, appliances and miscellaneous household items. The facility would employ approximately 4 employees working one shift per day. The hours of operation are 9:00 a.m. until 6:00 p.m., Monday through Saturday. This building was previously occupied by Holiday Honda, a motorcycle sales and service facility. The applicant intends to remove an existing outdoor storage area at the southwesterly portion of the site, and stripe this area for six additional parking spaces, resulting in a total of 62 parking spaces to serve both buildings. The parking area will be restriped and the landscaping will be refurbished. 4. Parking The 62 parking spaces provided are adequate to serve both buildings based upon the allocation of floor space for the Salvation Army proposal, along with a condition limiting the use of the building at 360 Broadway. Accordingly, the parking requirements are as follows: Salvation Armv Retail Storage Office (7,600 sq. ft.) (1,500 sq. ft.) (500 sq. ft.) 38 spaces 2 -.L 41 spaces Automotive Building Service/Installation Accessory Retail (6,000 sq. ft.) (1,125 sq. ft.) 15 spaces ~ 21 spaces Total parking required: 62 spaces APPEAL: In his appeal, Mr. Fick states that the thrift store is not compatible with, and would have a negative impact on, existing areas within the neighborhood (please see attached appeal statement). /Y-.2. Page 3, Item /1 Meeting Date 12/13/94 In letters submitted to the Planning Commission, Mr. Fick, as well as Beverly Bindsell, a part owner of Terry's Mobilehome Park located at 350 Broadway and 677 "G" Street, indicated that a thrift store can encourage loitering and parking and traffic problems, and is often viewed as a sign of decline and deterioration in an area (please see attached letters). ANALYSIS: In order to grant a conditional use permit, it is necessary to find that the use will provide a desireable service and will not be detrimental to the surrounding area. It is the appellant's contention that a thrift store will have a negative impact on the immediate neighborhood. It is probably safe to say that this issue is the reason why used clothing is treated as a conditional use in the C- T zone. In staff's view, the issue perhaps has more to do with the condition of the site and buildings, or whether or not there is a concentration of such facilities, rather than primarily the use itself. In this case, the buildings and improvements are generally attractive and well kept, and there are no other used clothing operations in close proximity to the site. Also, parking and circulation are adequate, and the parking area will be resurfaced and restriped, and the landscaping will be refurbished. There are several other thrift stores in Chula Vista. In contacting the Police Department and reviewing Planning Department records, we are not aware of loitering or other problems with thrift stores. The Planning Commission was particularly supportive of the application citing the quality of the Salvation Army operation and the belief that it would represent a positive influence on the surrounding area. For these reasons, it is recommended that Council deny the appeal in accordance with the attached Resolution. FISCAL IMPACT: Establishment of the thrift store at 366 Broadway will generate sales tax revenue from a currently vacant commercial building. Attachments I. Council Resolution 2. Appeal Statement 3. Locator Map and Project Plans 4. Site Photographs 5. Prior Communications from those in opposition 6. Planning Commission Resolution and minutes 7. Disclosure Statement (m:\home\planning\pcc95-13.all) /'1-3 / I'i-J-/ RESOLUTION NO. /7?5'~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING AN APPEAL AND THEREBY AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT PCC-95-13 TO OPERATE A THRIFT STORE SELLING USED CLOTHING AT 366 BROADWAY WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on August 14, 1994, by William Lynch; and WHEREAS, said application requests approval to establish and operate a Salvation Army Thrift Store selling used clothing a 366 Broadway in the C- T (Commercial- Thoroughfare) zone; and WHEREAS, the Environmental Review Coordinator has found that the project is exempt from environmental review as a minor change in land use, Class 5 exemption under the CEQA Guidelines; and WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and tenants within an area greater than 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely October 26, 1994 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, on October 26, 1994, the Planning Commission voted 5-0, with one abstention and one excused absence, to approve the conditional use permit based on the findings and subject to the conditions contained in Resolution PCC-95-13, a signed copy of which was filed with the City Clerk on November 1, 1994, and WHEREAS, on November 7, 1994, within the required time to file an appeal, an appeal from the decision of the Planning Commission was filed by Mr. Jerry Fick; and WHEREAS, said appeal is based on claims that a thrift store is not compatible with, and would have a negative impact on, existing areas within the neighborhood; and WHEREAS, the City Clerk set the time and place for a hearing on said appeal and notice of hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and /l/,5 WHEREAS, the hearing was held at the time and place as advertised, namely 4:00 p.m., Tuesday, December 6, 1994, in the Council Chambers, 276 Fourth Avenue, before the City Council; and WHEREAS, this Resolution is passed pursuant to the authority of Chula Vista Municipal Code Section 19.14.130 whereby the City Council may affirm, reverse or modify in whole or in part any determination of the Planning Commission upon the hearing of an appeal, subject to the same limitations, requirements and findings as are placed upon the Planning Commission. NOW, THEREFORE, BE IT RESOL VED THAT THE CITY COUNCIL hereby finds as follows: SECTION 1. CEQA Consideration. The City Council does hereby confirm and endorse the determination of the City's Environmental Review Coordinator that, and hereby finds on its own behalf, that the Project is exempt from environmental review as a Class 5 exemption under Section 15301 of the CEQA Guidelines. SECTION 2. Conditional Use Permit Findings. Pursuant to the requirement of Section 19.14.130, the City Council makes the following findings, presented in bold lettering, as specified in Section 19.14.080 as follows, based on the evidence therein below set forth: A. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. This location is considered appropriate for a Thrift Store selling used clothing, and other general merchandise, in that the site will provide a convenient location for shopping and will provide adequate parking for this particular land use. B. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity . The proposal as conditioned provides adequate parking based on the proposed allocation of floor space. The buildings are attractive and well kept, and the parking area will restriped and the landscaping will be refurbished. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. Compliance with all applicable conditions, code, and requirements shall be required prior to occupancy and on a continuing basis thereafter. 1'/., " The conditions herein imposed on the grant of this permit is approximately proportional both in nature and extent to the impact created by the proposed development. D. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The proposal is consistent with City policies with respect to the provision of adequate sites and facilities to serve the needs of the community. SECTION 3: Conditional Grant of Permit; Conditions. The City Council hereby affirms the decision of the Planning Commission to grant conditional use permit PCC-95-13 subject to the following conditions whereby: A. The allocation of floor space for Salvation Army shall be maintained as indicated on the plans submitted with the application. B. Prior to occupancy, the parking area shall be expanded and double-striped in accordance with a plan submitted for review and approval by the Zoning Administrator. A planting and irrigation plan that conforms to the City Landscape Manual shall also be submitted for review and approval, and installed according to the approved plan prior to occupancy. C. The building at 360 Broadway shall only be used for automotive repair/installation with no more than 1,125 sq. ft. of associated accessory retail use, or other use with a total demand for parking of 21 spaces or less, and shall be subject to a separate conditional use permit process where applicable to the use. D. Prior to occupancy, the property owner shall submit evidence that this conditional use permit resolution has been recorded against the property with the County Recorder. E. Prior to occupancy, the owner shall acqUIre all necessary permits, and shall comply with all of the codes, requirements and conditions imposed by the Department of Building and Housing and the Fire Department. SECTION 4. Additional Terms and Provisions of Grant. A. This permit shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety or welfare which City shall impose after advance written notice to the permittee and after the City has given to the permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. I+'} B. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shaH cause this permit to be reviewed by the City for additional conditions or revocation. SECTION 5. Denial of Appeal. The City Council does hereby deny the appeal of Mr. Jerry Fick. /' Presented by: APP~fI bY:, :Bruce M. Boogaard City Attorney Robert A. Leiter Director of Planning (m:\home\planning\ccres95 J 3) /lj,<j/ )~-9 A EAL STATEME "~ -~ \ \\ \ '\ \, ~ /i-1 \ , , , \, '\ \ ~.,.., / . City of Chula Vista Planning Department Appeal Form /;6 . {, 2:3 Date Received jl- 1- 9-1 Fee Paid II I; C((l Recei pt No. /3S~3 i Case No: pee -'i5 -/3 Appea1 from the decision of: [J Zoning Administrator Appellant: ~tfl../2.Y he ((- Pc D /l H-~ €?1.. t (I { (. Address: "3.S-~ B,1.{,,'I'!:j-c;Jh.J/t"'j.Nt.{ C.rl"'c.~ Request for: C'( 'J{)t TIC Iv,l'l-'- (5 ~ Examp e: zone c ange, variance, Qg Planning 0 Design Review Commission Committee Phone "Ie; I ~ 22.. -:3 () ? ') t I~ T-;;J:f C-rJ 91'7-C' 7- ~ (l/{) en.. ~ I esign review, etc. Please state wherein you believe there was an error in the decision of []ZA J(PC [lORC for the property located at: 3i (:, ~IU.\~_)L()A-Y c-fi(':~ L!s~ /)/!..OP{)Sl""?''') LljC (l~E5 /\J~?- FIT //IJ W///-/ E"~,.j51>/lJC- L: J (:-5: //0 T~t:- /,,'t--r~/7 L;,c,/lI-/{:(Jt.J ,!J-/--iL"J "'-;~ '" L CJ R t: It;' TH (; /V ~- / G. /-1 ,8 ('Z r-t 6 C <:J LJ 0 {.-v' /L/ @-L~~~ ~ 5; nature 0 ppe I h - . Date - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To: Planning Department Do Not Write In This Space Date Appeal Filed: Receipt No: Case No: Date of decision: The above matter has been scheduled for public hearing before the: Planning Commission City Council on Planning Commissi~n Secretary City Clerk (This form to be filed in triplicate.) Pl-60 ~ ~ Rev. 12/83 ~ );J-/C /;1-/1 __.1__ -: - - - . ., ..J Q 8 , ~ J I r ~ L. 60.- - r - . I I I ~l....... , I I I , ~_. I , " I PUS"L1e WORKS CENTER _..-~ I . ..- %: (.) w ..J_ W CI) "\ - - -~ , , ~.-,-,.....t-- I II i 1 ri "'\ I I I .. ':P.r~I~_ PROJECT LOCATION ~~ M~P w ~ z w > < t ;'-' VISTA SOUARE ----[5- -. : I 1 r I ,1 J 1 r \ CHULA VISTA P LA N N I N G DEPARTMENT LOCATOR APPLICANT: Salvation Ann)' 'AO~CT OE$CRtPTION: Q) Thrift Store CO Dll0NAL USE P'E~fiT ADDRESS: J66 lroadwa1 Request: Proposed thrltt Itore ID tbe C- T IEODe SCALE: FILE NUMIER: NOIlTR 1" c 400' pee · 95 - 13 .... ~ /1(-/;2- u.J a::: o t; t: - a::: :c ...- ... a::: < :z o ~ :- -.J < ~ ~ t: ~ ~~.. es ; :~~~ ~~~).:' ~ o~ i:: i:: ~ ~ ~~ ~ ~~ o Cl5j . I , . . . --- . '10 '\WIA nwo 018 ..... .......-.. ""4tIt'QII .... .. ........... ................ 4N ,1 ~ ___. a v U!/.YUUJ.:J Of U!4Ulf JI~' J.:IIIJU. AnIY MlU.V~'/~O . & I I: . . . - .. i; : . , ir . . .11 .. it ~ . ......;0., ,I' I k.; wr"o . I i 01 . , I -L.._ ... ~ , ~ ~ ~., " I I tt;~ I I (tU .. l~,,~ ,. . ~~i .~ , ~ ... . . . . . , f . 0 .. :; o. . . . . : . ,. . . I . I I .~ ~ . . I . . ~ ... ~ j ..... ... . oS' I "i ... I i . : " : ,. I 'lC:!: , ~ I . ~ .- ; ~." u~~ ~ I ~~ ~ ~II ~ )~~~ ~~~~1 .... ~ ~ lth, ).~,,4 . o ; . , . . I: ~~~ .~ iii I . ~ ~" I- ~i ~<C .- l. 'l :", I .' i 1:" ..: . I .' ..' I if . .f I i. o . !\ . .. : " ! ' . ,-'''' -..... '. . .-. .~. . " ~ . ~ '. .~ Jill . -1\:- {t~. i a ~ ... , , . I ( ~ SITE PHOTOGRAPHS /' ~. JY-/> . .... ~t' ~ A',i -- ~'~ . . .~ ! ::~~i.~~;..:._;;..J~' -- . ". ..' LLJ C ..., - .. . 0 . . i /. I I - CI ::2: ...- c::: o z: z: o > ...- ::i - c..:> < u.. LLJ :> ;:::: o 2 o t- :::> < ...- z: < c..:> < :> " . . '4Jn ~:~ . . ,t.r.....r~,.- f' : 'to' 0 .::<-~;;~~~~~.....::. . ...:.~.... .r....~';~~ , -' i',-~. .'.,#t,...~-::~~~:? i :~1~:~;'.' ';0 t ": .r.~;f~ t; .; ,. 't1. LLJ oj',.,', . ',' '0 ::c: . ...- :::> o t en I ~, . Co!' I :z - . I ~ I 0 I 0 -' ...- (:) -' c::J Z - ~ a: < ~ ... ~. i ~ t ~/!;-/t ..~ " PRIOR COMMUNICATIONS FROM THOSE IN OPPOSITON ~ )i~/? From: 1H11'5 STHTlorit::t-:~ ;111:1 t-'HUNt:: No. b1 ':1 4,~ ,lJ:', ( ~eF'.2Sl 1':::1':14 W:3:>RM P01 'AI YO THE CITY OP CIULA VISTAt )( (619) 691-5171 PLANNING DEPARTMENT (J (619) 476-5310 COMMUNITY DEVELOPMENT DEPARTMENT [1 (619) ~85-S612 CITY ATTORNEY [J (619) 585-5612 CITY MANACER 11 (619) 476-5379 MAYOR ItE: 360 AND 366 ~ROAI>WA Y, CHULA VISTA; PROPOSED USED MERCHANDISE STORE. I VERl JESPECTFULL Y JEQUEST YOU DENY ANY AND ALL APPLICATIONS TO SELL USED MERCHANDISE AT THIS LOCATION. I VERY RBSPECTFULLY REQUEST lOU SUBJECT ALL SUCH APPLICATIONS TO THE FULL REVIEW PROCESS, SUCH AS FULL NOTICE TO ALL NEIGHBORS, ENVIRONMENTAL REVIEW, DESIGN IEVIEW, PLANNING COMMISSION PUBLIC HEARING, ETC. I AM VERY STRONGLY OPPOSED TO THE SALE OF USED MERCHANDISE AT THIS LOCATION, AND AT ANY LOCATION CLOSE TO ANY PROPERTY I OWN. IESPECTFULLY SUBMITTED ON SEPTEMBER 29. 1994. ~4 JEIRY rICl, OWNER/HANAGER lOSE ARBOR MOBILEHOKE PARI '52 BROADWAY POST OFFICE DRAWER 6010 CHULA VISTA, CALIFORNIA 01909-6010 TELEPHONE (619) 422-3067 'AX lONE-YET PAGIR (619) 688-7278 ~ /y-jlf tut .- 1 fIW{' 6, 11to6u f( OI1fJ,4 '\"-. . - - ;" ~~ _: 7 ~,~. .. '4QO THIRD AYA:HUIt. CHULA VI.TA. CA. QZ01' . .Z7.Q.O. / e:J. .2 t::J - fJ4 ~'-'tJ~/~ ~ ~ A/I?: pc.c. - 9s- 13 ~ 4'J~ S4'- 4?'d ~'. it.;, ~::i:j ~..",...:u- aT 3$'~ ~ ~ (, 17 'G r /Jiud I ~~ ~ --~ ~ ~.ZL- ~ ~ ~ <if a"" ~"'~I ~ ,d. r~.Jz.- ;d ~ ~ ~ 4~ ~~a..~~~~~ ;;t7~ av,.,v . . ~ ~~ t,;:J ;U-~ : '7i~1 ~ ~t/- /; //1-20 PLANNING COMMISSION RESOLUTION AND MINUTES -~/ /'1'~/ RESOLUTION NO. PCC-95-13 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION. APPROVING CONDITIONAL USE PERMIT PCC-9S-13 TO ESTABLISH A THRIFT STORE SELLING USED CLOTHING IN THE C- T ZONE AT 366 BROADWAY WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on August 14, 1994, by William Lynch; and WHEREAS, said application requests approval to establish and operate a Salvation Anny Thrift Store selling used clothing a 366 Broadway in the C- T (Commercial- Thoroughfare); and . WHEREAS, the Environmental Review Coordinator has found that the project" is exempt from environmental review as a minor change in land use, Class 5 exemption under the CEQA Guidelines; and WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and tenants within an area greater than 500 feet of the exterior boundaries of the property at least 21 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely October 26, 1994 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby fmd, determine, resolve, and order as follows: I. Environmental Exemption. That the project is exempt from environmental review as a minor change in land use, Class 5 under the CEQA Guidelines. II. CUP Findings. That the Commission makes the findings required by the City's rules and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. A. That the proposed DIe at the IocatiOD II aeceuary or desirable to provide a .mce or facUity which will coDtribute to the leDenl weD beiDl of the aei&bborbood or the commuDity. This location is considered appropriate for a Thrift Store selling used clothing, and other general merchandise, in that the site will provide a convenient location for shopping and will provide adequate parking for this particular land use. ~~ /Y~d-d- " B. That such use will not under the circumstances of the particular case, be detrimental to the health, aafety or ceneral welfare of penons residing or working in the vicinity or injurious to property or improvements in the vicinity . The proposal as conditioned provides adequate parking based on the proposed allocation of floor space. The buildings are attractive and well kept, and the parking area will restriped and the landscaping will be refurbished, C. That the proposed use will comply with the regulations aDd conditions Ipecified ill the code for luch use. Compliance with all applicable conditions, code, and requirements shall be required prior to occupancy and on a continuing basis thereafter. The conditions herein imposed on the grant of this permit is approximately proportional both in nature and extent to the impact created by the proposed development. D. That the granting of this conditional use permit will not advenely affect the general plan of the City or the adopted plan of any government agency. The proposal is consistent with City policies with respect to the provision of adequate sites and facilities to serve the needs of the community. III. Conditional Grant of Permit; Conditions. The Planning Commission hereby grants conditional use permit PCC-95-13 subject to the following conditions whereby: A. The allocation of floor space for Salvation Army shall be maintained as indicated on the plans submitted with the application. B. Prior to occupancy, the parking area shall be expanded and double-striped in accordance with a plan submitted for review and approval by the zoning administrator. A planting and irrigation plan that conforms to the City Landscape Manual, shall also be submitted for review and approval, and installed according.to the approved plan prior to occupancy. I C. The building at 360 Broadway shall only be used for automotive repair/installation with no more than 1,125 sq. ft. of associated accessory retail use, or other use with a total demand for parking of 21 spaces or less, and shall be subject to a separate conditional use permit process where applicable to the use. D. Prior to occupancy, the property owner shall IUbmit evidence that this .. conditional use permit resolution has been recorded against the property with the County Recorder. ' ~ /Lj~..2) E. Prior to occupancy, the owner shall acquire all necessary permits, and shalJ comply with all of the codes, requirements and conditions imposed by the Department of Building and Housing and the Fire Department. IV. Additional Terms and Provisions of Grant. A. This permit shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolutioIl; to advance a legitimate governmental interest related to health, safety or welfare which City shall impose after advance written notice to the permittee and after the City has given to the permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee can DOt, in the normal operation of the use permitted, be expected to economically recover. B. This conditional use permit shall become void and ineffective if Dot utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. V. A copy of this resolution be transmitted to the applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 26th day of October 1994 by the following vote, to-wit: AYES: NOES:fABSENT: ABSTENTIONS: Commissioners Ray, Fuller, Martin, Moot and Tarantino None Commissioner Tuchscher (excused) Commissioner Salas ~t.,~ John Ray, Chairman Pro m Attest: 7Q.. - -;7. ~ Nancy Ri ey, S (II:fts95 J 3) -~/1~cJ1 Exceq>t from Planning Commission Mmutes of 1(}f:lb/94 ITEM 2: PUBUC HEARING: CONDITIONAL USE PERMIT PCC-95-13; REQUEST TO LOCATE A THRIFT STORE SELliNG USED CLOTInNG IN AN EXISTING COMMERCIAL BUILDING AT 366 BROADWAY - Salvation Army Commissioner Salas asked to be excused from the dias. She stated she was president of a private non-profit organization which raises scholarship funds. One of the people objecting to the project had recently made a donation to the scholarship fund. She had never met the person, but recognized the donation to the scholarship fund. So there was no appearance of impropriety , she wished to be excused. Principal Planner Griffm presented the staff report, and noted that staff recommended approval. Two letters of objection had been received from adjacent mobilehome parks. The concerns were that a thrift store might result in a deterioration in the neighborhood--image and property values- -and the potential for loitering and traffic. Mr. Griffm stated that with the conditions included in the proposal, the site should be adequate to handle the Salvation Army store at the retail parking ratio; the circulation functioned well; the buildings were in good condition and the proposal wfs to upgrade the parking area surface and the landscaping, and staff did not believe there would be a problem with image and deterioration of the neighborhood. Mr. Griffm noted that a memo to the Commission had suggested an addition to condition 'c' to clarify the condition. Commissioner Martin asked if there had been any problems with the store at Broadway and Anita regarding loitering. Mr. Griffm was not aware of any but had not checked with the Police Department. This being the time and the place as advertised, the public hearing was opened. Greg Cox, 3130 Bonita Road, Suite 200, Cbula Vista, representing Bill Lynch, the purchaser of the property, asked for 15 minutes to speak since it was an organized presentation. He stated they supported staffs recommendation. Mr. Cox stated that the Salvation Army thrift stores support their drug and alcohol programs. It was a relocation of the facility located at 1655 Broadway. The rationale for the relocation was an economic one; the rent for the facility at this location was cheaper which would allow Salvation Army to put more of their money into the programs they had developed. Mr. Cox noted that there was a" zoning wall which completely surrounded the site; the landscaping would be improved; the parking lot would be recoated and restriped to bring it up to City standards; he felt the problems of vagrants camping on the site would be improved with the building being occupied. Regarding the concerns of the neighbors regarding the decline of the neighborhood, Mr. Cox felt it depended on the property owner and the maintenance of the facilities, and that the Salvation Army would not allow a poor operation to exist with deterioration of surrounding properties but would be an enhanr.ement over the current situation. Mr. Cox then introduced Major Robert Bodine of the Salvation Army. ~/;J.~~~ PC Minutes -7- October 26, 1994 M~or Robert Bodine, Tbe Salvation Army, 1335 Broadway, San Diego, introduced the current and previous managers of the Chula Vista store, who both live in Chula Vista. Major Bodine said he understood the concerns of the residents regarding image; there had been no trouble at any of their stores other than one robbery; all of their stores were clean; the proceeds from the stores completely fmanced their drug and alcohol programs. Commissioner Martin asked if the vehicles would come off Broadway into the parking lot along with automobiles; how would deliveries be made. Major Bodine stated there was a delivery area at the back of the store off the street. Mr. Cox indicated where the tnlcks would be coming in ~d noted they would be screened off from the street. Jerry Fick, 352 Broadway, CV 91910, representing Rose Arbor Mobilehome Park, stated he owned the property to the north and west of the project site. He was not comfortable fighting the Salvation Army; they are a fme organization. However, he strongly felt the project would run the neighborhood down; the sale of used merchandise does not do a business district any good. He strongly opposed. Commissioner Fuller asked if Mr. Fick had ever visited an existing store, or any of the other thrift stores in Chula Vista currently in operation. Mr. Fick answered affmnatively. Commissioner Fuller asked if Mr. Fick felt the area of "L" and Broadway had deteriorated because of the thrift store. Mr. Fick said he did not feel the thrift stores were conducive to good merchandising. He said he could not really answer the question, but he did not feel they would be an asset in a business district. No one else wishing to speak, the public hearing was closed. Commissioner Fuller commented that she had visited the site; it had been unoccupied and neglected for some time; the whole section of Broadway from "G" Street north to "E" was in sad repair. If she were living in a mobilehome near there, she would be concerned that it would remain vacant and unkept. She felt most of the thrift stores in the South Bay area and those in the San Diego area were very innovative in merchandising. The Salvation Army store in South Chula Vista was very well presented. She thought it would be an asset to the neighborhood; did not think the sale of used merchandise anywhere in the City of Chula Vista where it is properly zoned was a detriment to other businesses. She suggested a used merchandise district in that area of Broadway. Chair Ray asked, assuming the other vacant building would be leased or purchased for automotive repair or merchandising at some time in the future, if the traffic they would generate would exceed the number of spaces near the store front, and what mitigation would be proposed in order to separate the two businesses. He was concerned that there may be too few parking spaces .for the automotive business. Principal Planner Griffm stated that if the Salvation Army thrift store was extremely successful and another successful use was in the other building, there may not be enough on-site parking and there may be some spillage to on-street parking. The ~/I<J-? PC Minutes -8- October 26, 1994 Code required parking will be provided, but there was no guarantee that it would be adequate at all times. The property owner could designate a certain number of spaces for each use to keep it balanced. Chair Ray stated these were two entirely different uses in terms of the proposed use of the vacant facility, and asked if that created any type of conflict; Mr. Griffm replied it would not from the City's point of view. Mr. Griffm stated Major Bodine may have a comment regarding that question. Major Bodine referred to a similar store in Spring Valley which was next to an automotive shop, and said there had been no problem. Mr. Griffm noted that the auto installation type of use could occupy that space as a permitted use in that zone. A heavier use, such as auto repair, was a conditional use and would be subject to review and consideration. Chair Ray noted that was the intent for amending condition 'c'. Mr. Griffm concurred. Assistant Planning Director Lee pointed out that there were other options. A furniture store or appliance store which requires less parking per Code could easily fit into that building, and probably would be more in keeping with the Salvation Army operation. Commissioner Moot saw the thrift shop as a benefit to the neighborhood, to get some business back in some vacant sites, and an opportunity to begin improving the area. MS (FullerlMoot) 5-0-1-1 (Commissioner Tuchscher excused; Commi~oner Salas abstained) to adopt resolution PCC-95-13 approving the proposal based on the fmdings and subject to the conditions therein, including the amended Item 'c'. Commissioner Salas returned to the dias at this time. . . ~ /'/-,;1- 7/;'l-28 DISCLOSURE STATEMENTS ~ /1~2) nIB en .. OF 0fULA VISTA DJSC1.OSURE ST~.....MENT You are required to file a Statement of Disclosure of cenain ownership or filaancial iIlterests, payments, or campaign contributions, on aU matters whicb will require discretionary action on the pan of the City Council, Planning Commission, and aU other official bodies. The following information must be disclosed: 1. List tbe names of aU persons having a filaancial interest in tbe propeny whicb is the subject of the application or the contract, e.g., owner, applicant, contractor, suboontractor, material supplier. ~ JIG' ,- L. /I I ~ ' '-:~ tT7l/tZ-D r left{.. '<-T: ~-,/ -..J e-,-z /L '7' / I c k- 2. U any person. identified pursuant to (1) above is a corporation or pannership, list the names of aU iIldMduals owning more than 10% of the shares ill the mrporation or owning any pannership iIlterest ill the pannership. NeT IJ-P/:>' I (1 ~/J L C- 3. If any person. identified pursuant to (1) above is Don-profit organization or a trust, list tbe Dames of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trusL k'c;- ,r-p /' <-I (! 'I g c..- & 4. Have you had more than S2S0 wonh of business transacted with any me~ber of tbe City staft', Boards, Commissions, Committees, and Council within the past twelve months? Yes_ NoAH yes, please indicate person(s): S. Please identify each and every person, including any agents, employees, consultants, or independent mntractors wbo you bave assigned to represent you before the City in this matter. I:.-;A; IJC:Trl -:2,4-(,.. (,../ 0 - 4 TJL.~ ey /4.1 OrtiE7l s /!-'r Trtl ( /lHr . 6. Have )'Ou and/or )'Our officers or agents, ill the a~~te, CODtributed more than $1.000 to a Coundlmember ill the current or preceding election period? Yes_ Noj( U yes, ltate which CouDdlmember(s): Date: f\lltJ~ J: I · · · (NatB: AnKIa additioul .... '?, /9'JY f ' 4~Z? S' u ntrBClortapplicant - ~n.../t~ I-/c~ Print or name of coDtrBClortapplicant · fEe! if Ie/fM4 8: -Any irIIIivid&uII, fb'm, e;o.ptII'InIfffItip, joinl w:nIIft, ..a.ClPI, mill dub,,,..,,.. -.- ~ ~ --. ..... ......" "v;~. 1IUI-.4 ..,. __ QUUY.. dry _ ccuury, dry 1IIIDIkipGlby, ~ 1/1"" poIi1iu/ ~ 1/1"" ...,., 1/1 ~..,. .1IIIiL- ~ /f-;J() 1liE Cl OF CHULA VlST A DlSCLOSlJRE ST 9dENT . You Irc required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign . c:6ntrihutiuns, on all malleI"!' which will require discretionary action on the part of the Cit)' Council, Planning Comm~ion, and all other official bodies. The (ollowing information must be disclosed: Ust the names or all persons having a financial interest in the property which is the suhject of the application or the contract, e.g., owner, aprlic.anl, contractor, subcontractor, material supplier. William Lynch . 2. If any person- Identified pursuant 10 (1) above is a corporation or partnership, lisl the: names of all individuals owning more than 10% of the shares in the corporation or owning any pannership interest in the partnership. 3. If any person- identified rursuCint to (1) above i.~ nnn-profit organitation or a trust, lis I the: names of any person serving as director of the non-prorst organization or as trustee or beneftciary or trustor of the trust. 4. Have you had more: thCin S250 worth of business tran~cted with an~' mem~er of the City staff, Boards, Commissions, Commillees, and Council within the: past twelve months? Yes_ No~ If yes, please indicate pcrson(s): S. Please identify each and every person, including any age:nts, employees, consultants, or independent contractors who you have assigned to represent you before the Cily in this mailer. Gre5t Cox 6. Have you Ind/or your officers or agents, in the Iggregate, contributed more than $1,000 to I Councilmember in the current or preceding elcction period? Ycs_ No.,L, If yes, Sllle which Councilmcmber(s): · · · (NOTE: Date: Sff,~htrt , y 11'1 '-I , .. 'A.t6 ~)( Print or type nlme of contractorlapplicant - PmII" iI tIefiI.u IIZ: -AI". ;,Jdj~4l, finfl. cO'~P. joiN IIIMUC. IISJOCUuiot&, ~iIII dub, /nMmwI ",.,.,ail.lui0t&, corpor.IiOt&, --...... recejw" .".d'u~. Ihi.s 11114 .". oIh6 COIUII)'. cily .14 cOW~', cUy mwuciplWt); 1bIIria, tit oUaf!l poIilkM IUbditUiot.. tit My 0Ih6 I'O"P tit ~ an, ., · MIIiL - -~ J~/' J / ~~~ 2~: .-...;:.-...;:.-...;:.-...;: ---- ---- CllY OF CHULA VISTA OFFICE OF THE CITY ATTORNEY Date: December 7, 1994 To: Honorable Mayor and Council ~ From: Board of Ethics and City Attorney Re: Jurisdiction of Ethics Board to Report to Council Ouestion Presented: Is the proposal from the Ethics Board, attached hereto, recommending that the Council require mandatory ethics training, an improper or illegal attempt by the Ethics Board to extend their jurisdiction beyond that granted by the Council in their enabling ordinance? Answer: No. Analysis: The notion that jurisdictional authority may have been exceeded is grounded in Section 2.28.020, which reads: "This Chapterl shall apply only to members of the Chula Vista City Council, City Manager, City Attorney, City Clerk, board members and commissioners, as well as to ex-City officers who were subject to the Conflict of Interest Code. "2 It has been suggested that the implication of this passage is that the Board of Ethics has no jurisdiction to suggest to the Council that the Council require a non-covered 1. The reference to "this Chapter" is the entire Section 2.28 which establishes the Ethics Code, creates the Board of Ethics, and assigns to them certain duties. 2. For reference purposes herein, these identified persons should be referred to as "Covered Officials." No staff are included in this group other than the City Attorney, City Manager, and City Clerk, by intentional design of the Council passing the ordinance. /y/ 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037 Honorable Mayor and Council December 7, 1994 Page 2 employee--i.e., Department Heads and staff to Commissions--get mandatory "ethics train- ing", or that there be a staff person serving as an "ethics" omsbudsman. The Chapter creating the Ethics Code and the Board of Ethics gives the Board the following specific powers: 1. Investigative Power. The authority to investigate and commence accusatory- type hearings of unethical behavior committed or allegedly committed by Covered Officials, and transmit those findings and recommendations to the City Council. 3 2. Advisory Power. The authority to issue advisory opinions to "Covered Officials. ,,4 3. Section 2.28.090 provides, in part, as follows: It shall be the function of the Board of Ethics to implement the Code of Ethics adopted by the Council for public officers and employees. The duties of the Board shall be: A. To receive or initiate complaints of violations of the Code of Ethics. All complaints shall be sworn under penalty of peIjury and shall be in writing, containing full allegation of facts which would constitute a violation of the Code. All alleged violations must be submitted within sixty (60) days of occurrence or when it should have been discovered with the exercise of reasonable diligence. Justification for any delay in filing complaints is the responsibility of the complainant. For board action; complaints concerning unethical patterns of behavior must be received by the Board within sixty (60) days of the most recent event comprising the pattern of behavior complained of, or within sixty (60) days of when the last event should have been discovered with the exercise of reasonable diligence. The Board will, in its discretion, limit the pattern of behavyior to those events the Board feels are proximately related in time to be a part of the same pattern of behavior. B. To hear and investigate complaints and transmit the findings and recommendations to the City Council. 4. Section 2.28.060, Advisory Opinions, provides as follows: "When a Councilmember or other official has doubt as to the applicability of a provision of this Code to a particular situation, written inquiry should be made to the Board of Ethics for an advisory opinion. Said person should be guided by that opinion when given. The Council members or other officials shall have the opportunity to present their interpretation of the facts at issue and of the applicable provisions of the Code before such advisory decision is made. " Further, Section 2.28.090, "Duties of the Board", Subsection (c), provides, in pertinent part: (continued. ..) 15'~ CITY OF CHULA VISTA Honorable Mayor and Council December 7, 1994 Page 3 3. General Recommendation Power. The authority to make recommendations regarding ethics in general to the City Council, including code revisions5 and other matters relating to ethics.6 Even if there were no specific or explicit authority to make recommendations to the Council, it is clearly within the implicity authority of any advisory body to communication to their appointing authority. In reporting to the Council and in making the recommendation in the attached report, the Board of Ethics is exercising its jurisdiction under the third power conveyed to the Ethics Board, i.e., the General Recommendation Power. The Board's jurisdiction under the Third Power, the General Recommendation Power, is not limited to Covered Officials as is suggested. It is unlimited in scope except that it must deal with ethics and city behavior. Such an interpretation is required despite the existence of Section 2.28.020 in order to accomodate the simpelist of communications 4. (...continued) "It shall be the function of the Board of Ethics to implement the Code of Ethics adopted by the Council for public officers and employees. The duties of the Board shall be: C. To render advisory opinions or interpretations with respect to the application of the Code, either on request or on its own initiative. " 5. Section 2.28.090, Subsection D, provides as one of the duties of the Ethics Board: "D. To propose revisions of the Code to assure its continuing pertinence and effectiveness. The affirmative vote of five (5) members of the board shall be necessary for it to find conduct to be unethical. " 6. Section 2.28.080, "Purpose" provides, in toto: "It is the purpose of this Board to advise the City Council of the City of Chula Vista on all matters relating to potential unethical conduct and to make such necessary and appropriate recommendations to the City Council for the implementation of the Code of Ethics and amendments thereto, which may become necessary from time to time. This Board will serve as a hearing body on all such matters and shall render impartial and objective opinions and insure that those covered by this ordinance are appropriately informed. " 15"3 CITY OF CHULA VISTA Honorable Mayor and Council December 7, 1994 Page 4 between a Council and one of its Boards.7 Conclusion: Therefore, Section 2.28.020 must be interpreted to mean that the Board's Investigative Power and their Advisory Opinion Power is limited in its scope to Covered Officials and does not include general staff, but that it may make recommendations and suggestions to its appointing authority regarding ethics without any such limitation. In essence, Section 2.28.020 is implicitly interpreted to read: "The investigative authority and advisory opinion authority granted by ~lhis Chapter to the Board of Ethics shall apply only to members of the Chula Vista City Council, City Manager, City Attorney, City Clerk, board members and commissioners, as well as to ex-City officers who were subject to the Conflict of Interest Code." The recommendation being made here by the Board is not that the Board mandate attendance of 30 general staff, or even 70 Covered Officials, at an ethics meeting conducted by the Ethics Board, but that the Council mandate such training and attendance for the purpose of instilling an "ethical conscience" among staff and Covered Officials. Alternatives: Please be advised that the Council may, of course, disagree with this interpretation of what they, or a prior, Council may have said or intended in their codes and ordinances. Upon such a difference of interpretation, the Council's desire will clearly control over the City Attorney's interpretation. If the Council believes that a City Attorney's interpretation of words used in an ordinance is incorrect, the Council should so advise the City Attorney to direct a revision of the language to achieve the desired meaning. If, for example, the Council desired to prevent the Ethics Board from making recommendations of the type made here--for ethical training and ethical omsbudsperson of City staff, the section could be rewritten to provide as follows: "This Chapter The Board of Ethics shall limit their investigative authority. their authority to give advisory ethical opinions. and their recommendations with regard to revisions of this Chapter. and all other advisory matters. shall apply only to members of the Chula Vista City Council, City Manager, City Attorney, City Clerk, board 7. All Boards have been given the authority to communicate directly to Council by virtue of a recent amendment to the Muncipal Code assuring them of a specific spot on the Council agenda. 15,,/ CITY OF CHULA VISTA Honorable Mayor and Council December 7, 1994 Page 5 members and commissioners, as well as to ex-City officers who were subject to the Conflict of Interest Code. " If this is the desire, please so direct the City Attorney to bring back the appropriate revision, perhaps after review and input from the Board of Ethics. Non-legal Opinion Advice It would be my recommendation against such a change of language. Such language would essentially defunctionalize the Board of Ethics. The proposed language would prevent fluid communication between an appointed Board and its appointing authority--the Council. The proposed language would prevent the Board from giving suggestions such as the current one. I would also like to advise that I think the current proposal is a good one. It essentially says: A proactive approach to ethics in government is good for the City because in the long run, it could prevent individually embarassing moments down the road for our government and its participants. Training our City representatives, in a protected and controlled environment, to deal with ethical dilemas, proactively equips them to deal with real life ethical dilemas in a way that is good for their own career and for the public image of government in general. ethics3.wp 15,5 //5 - :2 fl CITY OF CHULA VISTA CITY COUNCIL AGENDA STATEMENT ITEM /5" MEETING DATE: 12/13/94 ITEM TITLE: Request for Authority to Procure Services and Sponsor Workshop on Principles of Public Service Ethics SUBMITTED BY: Board of Ethic~ \\ City AttorneylQW CONCURRED IN BY: 4/sths Vote: Yes~No__ Chula vista's Code of Ethics sets forth guiding principles as expectations for the conduct of public officials of the City of Chula vista. The Code is intended to serve not only as a standard for those officials to whom it specifically applies, but also as a manifestation of those principles we advocate for the city of Chula vista. In establishing both the Code and the Board of Ethics, the City Council signaled its commitment to ethical practice. However, as government becomes more complex, and as the decision-making process includes participation by a wide range of citizen-volunteers, the Board of Ethics believes it is now time and appropriate to conduct an organized program to address issues of ethics in government. Experience as members of Boards and commissions is often training ground for new Council persons. Moreover, it is essential to set standards of ethical conduct for all participants in the decision- making process, and to communicate the expectation that ethics is the foundation of good government and integral to the public trust. The Chula vista Board of Ethics formed a subcommittee to investigate resources and costs, and to propose a format and support budget, to provide training in the principles of public service ethics to members of boards and commissions, to city staff who work with boards and commissions, and to the members of the City Council, and to the public officials they appoint. On report back from the subcommittee, the Board of Ethics proposes the following: 1. Provide an overview of the basic principles and requirements of the Conflict of Interest provision of the City Code and the Fair Political Practices Act, and the related Statement of Economic Interests. /~7 Meeting Date: 12/13/94 Page 2 The Board of Ethics recommends that this overview be conducted by the City Attorney at the Boards and Commissions Workshop already scheduled January 26. The Board of Ethics further recommends that this presentation be approximately 1 1/2 hours, including questions and discussion, and follow the general format used by the City Attorney during his presentation of the "six Elements of Conflict of Interest" to the Board of Ethics at its meeting September 12, 1994. The objective of this session will be to introduce and explain concepts of Conflict of Interest and to give Board and Commission members the information and .technical skills they need to perform the tasks they have sworn to do. Cost: None 2. The Board of Ethics further recommends that the City sponsor a full-day training workshop to be presented by training experts in the field of public service ethics. The purpose of the workshop is to explore the underlying principles of ethics and the development of conduct and guidelines for use in government decision making. The Board of Ethics recommends that the fUll-day workshop be held prior to city budget hearings in 1995. Mandatory attendance by the Mayor, City Council Members, and appointed City Officials is integral to the success of the project. Your overt support by full attendance will communicate your commitment and will in large measure determine the degree of ultimate success and acceptance. In addition, the Board of Ethics recommends participation by the following officials for a total of approximately 100 participants: Chairs and Vice-Chairs of all city Boards and Commissions 70 City Department Managers 15 Selected other City staff whose duties relate to b/c/c's -12 100 The Board of Ethics recommends that the city of Chula vista engage the Josephson Institute of Ethics, a non-profit organization that specializes in pUblic sector ethics, to present this workshop. The Josephson Institute provided a workshop for the County of San Diego in 1991. A copy of a descriptive brochure is attached. "JI seeks to enhance the ethical quality of organization conduct by teaching and Is,r Meeting Date: 12/13/94 Page 3 inspiring leaders to: identify the ethical obligations and opportunities arising from their positions; systematically consider the impact of institutional actions on all stakeholders; and create organizational cultures which encourage ethical conduct... Michael Josephson is the author of Makinq Ethical Decisions, Ethical Principles and Values of Public Servants. In 1990, the Josephson Institute published preservinq the Public Trust: Principles of Public Service Ethics - Standards of Conduct & Guidelines for Government Decision Makinq. Cost: $6,500 includes needs assessment survey and full- day workshop for approximately 100 people, including materials. In addition, costs estimated not to exceed $250 will include one night's lodging and travel from Los Angeles for Michael Josephson. The Board of Ethics suggest a budget of $500 for refreshments. 3. The Board of Ethics further recommends that the City secure specialized instruction/training for one designated City staff member who will then be on call to provide continuity of training content in refresher and/or topic-specific training, including: o New Chairs and Vice-Chairs and Boards and Commission membership changes; o City staff assigned to Boards and Commission, as staff assignments change over time; o To provide ethics information and training to a wide range of City employees; o To be on call to the Board of Ethics, Councilor other Boards and Commissions to provide updates and refresher training as requested; o To provide research and develop information as new ethics issues evolve; establish a city ethics resource library, and to develop a network with other public agencies engaged in similar activities. COST: $1,650 $1,900 for three-day train-the-trainer seminar, plus travel, lodging and per diem. See attached. program description. 15'9 Meeting Date: 12/13/94 Page 4 BENEFITS: By sponsoring and supporting the activities described above, the Chula vista City council, and by extension, the entire city, will demonstrate a proactive approach to issues of ethics and will establish the City of Chula vista as an innovator in this field, generating recognition for proactive efforts by public officials as well. Our City officials will be able to cite Chula vista's investment in ethics training as a standard of expectation for all our public officials -- elected, appointed, and volunteer. Further, such activities will give members of the City's Boards and Commissions, the City Manager and City staff more tools to use when engaged in the public decision making process, and ultimately, more confidence in the quality of those decisions. Finally, the proposed program will provide an opportunity for our elected and appointed off icials to engage in dialogue on this topic, absent specific problems. Thus, we will be able to develop a common understanding of the issues, the terminology, and identify the best methods to solve problems when they ultimately do present themselves. The Board of Ethics requests Council approval to proceed with the development of a training program as described above, to be scheduled in the first quarter of 1995, and to authorize the expenditure of up to $10,000 to procure the services necessary to present such a program. JURISDICTION TO REPORT The Ethics Board has evaluated whether this report (i.e., recommending that the Council consider and implement an ethics training program) is within their jurisdiction. The Board feels that this matter is completely within their authority. In addition, they have solicited the opinion of the City Attorney in this regard and his opinion is attached hereto. Concern has been expressed that the Board of Ethics may, by this report, be attempting to exercise the power of investigative review over ethical behavior conducted by non "covered officials" (i.e., City staff). It is the declared intention of the Board of Ethics that nothing in this report is any effort towards that end. Some of our members may believe that such authority should be extended to our Board. Others believe that while they don't want lylP Meeting Date: 12/13/94 Page 5 investigative authority over staff behavior, they feel that the ethical standards the set for Covered Officials should apply to staff. This may be the subject of future recommendations. But this report is not designed to constitute, in any way, a review of, or obtain the power to review, the ethical behavior of City staff. It is hoped that one of the collateral consequences of ethics training is that ethical considerations be brought to the forefront of decision making, not only of covered officials but of all City staff. SOLE SOURCE PROVIDER The Board of Ethics Subcommittee assigned to this task researched various providers and interviewed at least two--the Josephson Institute on Ethics, and the UCSD Extension School. The Josephson Institute is obviously the more expensive of the two providers, but after having interviewed the two providers, the Board Subcommittee and the Board felt that it was much more cost justified based on the content and delivery of information. Therefore, they believe that the recommendation is justified and that the Council should waive the bidding process on the basis of this investigation. However, in the event that Council feels the need to demonstrate greater cost consciousness in this regard, they may desire to direct staff, in conjunction with the Ethics Board Subcommittee, to solicit other and additional providers. Furthermore, the Council may wish, if its more cost palatable, to make the attendance mandatory for those specified in this report, but invite the voluntary attendance of all boards and commission members and all staff and invite contributions and attendees from other local public agencies. Council may wish the Board or staff to contact National City, Imperial Beach, Coronado, City of San Diego, Otay Water District, Sweetwater Authority, Sweetwater Union High School District, etc. to see if they have any interest in sending attendees and contributing to the cost. Keep in mind that the presenter's cost does not vary with attendance so that the more attendees, the more cost efficient the $6,500 becomes. BOARD/COMMISSION RECOMMENDATION: The Board of Ethics recommends that the City Council approve the proposed ethics training proposals herein set forth, and direct the City Manager and Board of Ethics to cooperate in the implementation thereof, and appropriates $10,000 therefor from the unappropriated balance in the General Fund. /yl/ Meeting Date: 12/13/94 Page 6 FISCAL IMPACT: Approximately $9,150 $9,700, depending on selection of train-the-trainer site. Appropriate $10,000 from the unappropriated balance of the General Fund reserve to Account 100- 0114-5221. WHEN WHAT HOW HOW MUCH ATTENDEES LONG 1/26/95 B/C/C 1-1/2 $0 B/C/C Members Workshop hours To be Workshop Full $6500 Josephson 100 B/C/C scheduled Day 250 Lodging Chairs & VCs spring 1995 500 Refreshments Dept. Heads 15 other To be Ethics 3 days $1900 Selected scheduled Advisor Trainer first half of Training 1995 Expected costs $9150 Recommended $10,000 Budget c: \ethics\workshop .113 /5;0/,2 1. . ,.... \ \ .~ ,.. ....._~......... /ylJ I I \ \ .I ... 'r"t.~ ::." . .~.' . ...~~ SOUTHWESIg~N COLLEGE TEL:619-482-6413 Board or (j-overnors . - ---- Cbalnult I"nloeeo 1I_lbel. Praiclom. CEO. PIIwr P. DnIcket FO\Indatian tor NODpnll~ Man_mont: fOnDlr Na,1 !de. Dir.. ClIrl SGou&a. USA Vln CIa.""'" IUobaN 8chubett. ~ - -:::' --, - '.' . - '1'NI14ent .~!O. .......",. LiIht-FvunU\ioIl:....~t, . 'i . . . AmeriMll lWd C..... -.' -. - Jtjoharcl.J. C1eeIo. J.D. ,Mtome1. Clllo.p J.- P. Cvru.lIue, M,S,8.W. lmlDtcliaw tat Ptellden" UDltH Way of Laa Aapl_ .Iou W. Z..lIall V.1'. . Ch~r JD".._t 0IlDIr. 'ord PooadatiCIIII Belwba K E,-,., ~.I.I). 1l8tlre. prDleUo1',liIhool itlu.ln... Unlveralt,y arCalifoftUL lItrhley .\IaI... Honoh l're8icleDt.1>OVE. 1IluIIril" ~,Chalra\'. of\b Not' hrcl fI PinCr.on. AmlrloIR Canoer Soc:lBl,y JIIlcu.loJ_pJIMII.J.D. . I'r-iclmt. Jot.,1I_ tnadblW of Ethieo He1_ ac.u.,) J'bJ). Ponner 1'n1i4.m., r_-.GIIII.~ Heut CoU... Doa A. lIfelloll. CloP.A. Pa~_. ~loltM" Toaea S.da ....... ~J). Attoml)'. New l'lIrll Qq, .1 _k IUeder. MoD. . Dinct.er. C-.... /WCIIaiMl M.lial ZtbIes. Vnivtmt)' ofCbloap. 8DIaooIofMHIcIN ...... TbtDO.. MJI,A. . PrtIiden... beclUt1ve........: ,.,... Ene. V:l. U.s. OptntloD.. LevI 8.,...-. .. CD. "p1a "'AI.... c.P.A.. . . FonDer DinI:Iar cd'Pnr.-loul o-Jact. c.HfcIrrala......., c.I'At J'" W. W.1r. Ph.D. ~.... 1II'...1l..AaIoeIa_ lnr JO>qJ\1 S [dlllt..I(,..f'p~i~.,(n Iw.lI1-Jt' uf rthll,~.l~. ,lliCIl-p:cfll put-.Ir:: tJl'l1~hl (lHPOlifion ClI1JHlIll'd IIlId,'! ~Ol (c) iJ} of"" l;lh:rll\:: H(I.'PI;Uf' (.()(1(' -lhra tr~;t1tlHf\.IOlll1d{l(j 111 1~'&) b~ t,'ltllj.('J J(;!".fl.h:,C,1I tit h("~t cf 11ic. p.1F.r,~r I.: ryOVf'rTll'r.! t1\ ,II' Irld.:~eilliellt ~OJ!d Ii ',\1',1'11')'; II'; (:p"UliOn--, IhrClqn 11l(:!llbru.tlif.lS_ OO~Ii.tl~,r.':,. 9r:1,nt'; ;H:d If !", lot :.1I .:ill':' Nov 29.94 12:57 No.003 ~.U~ ~ Mission .. _ _ _ _~n The miNion of the JOHpuoIlIDltttllte.- to Impl'O\'e the ethical q\lalit, of Mciety b1 ohanglnr P9l"SOnal ad orpnlzatioDal decision aaldD' aDd behavior. ReaUiiic and Eftectlve The Josephson Institute (JI) i8 act.ion-oriented and pracl.ical: a creative, conltructive and aggrellive ~hange agent which ..eks to accomplish it.s mil'alon by teaching realietic and effective means of increasing ethical decision makins and behavior. I I I I f . . Personal Change JI leeks to Improve the ethieal q\llllity of perlonal conduct by .timulatinaf morel aspiration., nlint'orciag the motlvatioD and abilities neces8ary to p8teelve the ethical dimension of ohoice., formulatiJlf optimal ethical retPODlU and implementing them intelligently. Organizational Change JI seeD to enhance the ethical quality or ol"lanllati01'1al conduct by teaehiDl and in.plrlng teaden to: identify ~e ethklal obligatioda and opportunities arisins tram their poSitions; eyetematically consider the Impact ofinltitutiooal aCtions on aU ,I ltakebolclers; and CHate organizational cultuRe which encourage ethi~al conWet. " '~..'''''' . . , ;. l' " . ..f. ........... ..~._...~ ..l.... ~'(__M!"~,..".ttHP\.r.."'^'\l./1,...Jrr.!.,.:.............~....t4N:L.........,""t.{\.'''4q_'''.''"''~.....t1''4')1 I IYI'/' " ' . S~UIHWt~ltKN ~ULLt~t ItL.Ql.~-"O'" v"tJ.v .' ,,". ... B(.eonH~ a IVlclnhpr - - .-. r':"'" JI's mission i. no 81Xlall ta8k. but with the help of our suenmen and friends we are making a dii'l'erencc. Plea&e join our quest thfO\1gh ~ persona11llemberahip. .-:-'_.._..'r-,.....,""!.~-\1 ri" I r~'"":7 - - '_. .. 1"", ~. ,~l._ t.'~:? - r:: t. -1 3 ~ ... .-..-. ._. ~ )!eInbeTship is vital to the ]J\8tituta, serving not only a8 a source ofneeded financial support.. but. ..180 as an effeeti"e means of eo-tnIDunicating ~ur measage to an segments of .ociety. Each time JJ succeeds in teaching people to make more ethical deci81on8 - fair<<. more o honeSt. more respe~tul of others - there is. an expanding ripplo effect. Similarly. your IUPport multiplies in . .ignificent way by enabling us to reach more and more people. . ~ ~ember8 l'eeoive our quarterly magazine, EthJful: BaBier Sa.id T1r.an Donei a bi-monthly new.letter'. EtIUc;8 in A.cdon; di&eountl on publicatlons and programs. I'''''''' '-'I""'" Aetivitit's -- ~ - - . . , \ . .. . . ~ ~ Programs Cousulting PubUcatiOJ18 . -_...'~--~_. ..... - ',' "';. ":' ,"", ;-. "... , .~. .., ...' '. ",...~ PaperS and Reports Video and Audio Tapes ':'"' ...,'. The J088pblon lnetitute has .ctlvel:r bJ'OUlht it.l message to moat. rAA,io, MCMn ohocle\y th"coop · wide arra, of aotivit.iD.. n oonducta ovttt 100 prolf&lU a yelP' for m~ nationally influenUa1 orpni.I.uona lneludiftg lobe Intern.1Rtvenue Service. Department. of Defense, Caltf'omla &.nI.to, Knlp~lUddel' Corporation, Loll Angel.-Times, p.cific Telellis. American Reel Croa8 and Girl Scoub, USA. i , I J \ t :'.::. . '~~~.I\.::~"~ ~ \ lAW " IAlEDON" TQTM.Ol' 11OllflOG~ IN 'M..' M_lnaportant.,~~-ttv~1I1atth6 b1Ii&bta and method8ta\llbtbyJl d'eut tbiJ''''''. A 'PP:111 JI stud)' of tIlt" C~,"lolnl~~ s.,,,,.\.: Irilillillg ploj(.clll~vp:Jl( cl \1t;:1 7~,"" (J! tl1l' Senators "net U..t'.- o. nl IlH' Sl.111c1 ~', 1.;1\1 01 (,,J(pcctl'd 10 m,\kp dl'CI~o;,UII~, (\il~t~,-::ntt.1 as <1 dirGe! I('~o,u\l of 111\'11 JI 11<1111'1\9 PlOtJt;lI)) .. if,lf. I . . I- ' SOUTHWESTERN COLLEGE. TEL:619-482-6413 . ~pcakc~'s ~~1(I_Programs Speake"" a" a'ftllable through the Institute to oonduct a varlet)' of ethic. pl'OIJ'UDI. Tbey brinl Jr_ powerful.o.-.. ~t the lmportaDO. of ethJee and .U.wa" MJaa..toral oluaDfe. b)' p....eDtln. eft'eetlv. cleola1oll.maldD' tool.. Tbeir .erviooe raap from ke)'llot.e .. . .'... .- ..-4teMe.-, totacUttatm, bater.otlve.p.a..._ '-. [ < -:0; . ctlMnlNion., to Ilalf., "'U., or iiawtlple.ctay . . .. , workabope. Honoraria foJ' .peakera ao directly to 'he Institute to tupport It. work. ~ &be or,.ula,UoDl .n )au .nod: GOVERNMENT Fedual: General Servtcel Admin.iftratlon, Department of Agriwlture, I)epartment ofJ)efenee, Internal ae~nue Service. Lo. Alamol ~at;iaUl La~ra\Oriel. State 0,,4 LocG/: State Itp,aJato,. b1 Alaska, Arizona, California, Delaware, and MillOUri. .tate county and city commlsslonen and managers in Arkansal, Connecticut, Calitbrnta, . Georlia, Iowa. OregoD, Mlnn.lot.a, New JerMY, South Carolina. and Utah. AI.oclati0n4: CouneU on Government. Ethica Law.. Leasue ot California Citiea, Michigan Municipal Ltasue, Nat'l Con.terence of State Leplatllre.. Nat1 AaocIatton. of Attorne,. General. Nan Ltque ofcttie.,United States eonrerence otMayorl. BtJS]N'E99 ~.rican Exp1'eU, ARCO. Bank ot America, California IUlIoc. of Banker.. Chevron. Fint Il1cerstate Bank. Guoclyea" Tire I: Rllbber, InaUJ1lQce lPltltute or America. Levi Stra""', Nortl\lop. P"eUic: Bell. Paoitlc En*'Prlaea, PacIfic PoMr ancl Electric, P.dtit Tel,.i.. Security Pe.cific BUlk. U1d Southern California Ga.. LAW tTuJre.: ABA Appellate JudpI Qont..~... MZOIl& trial and appellate: Chief .1.', Stat. 00u.N of Appeal; CoIora~ ap,.UatAt.: 1UIDo1a~; Nov 29.94 12:58 No.003 P.10 Sp(~akers and PrograJ,~_s Phll.clelphJa trld. Bor Ae.ociGtiotU: ABA, California, ColumbuI tOHI, Louisvine (KY), Maricopa County (.\Z). New York, Ot8lOft. Rhode Island.. Poll",: Polioe OffiCers CoMmand Colleit' (CA), 1..0. Angeles Pollce, Oreaon A.eociation of pollee Chief.. \.' - ,...,....,.. .. JOvaNALISM . r -. .... "..... N.wr OrrlJl&ization.: Ba1\imo~ Sun. Detroit JI'roe Proa, lCni.ht-lUdder Corporate, Loe Angel,. Times. Orange County Begieter, Philadelphia Daily News, Philadelphia Inquirer. RoD Call, San Joee MereuI)' New., Ttmee-Mirror Corporate, Wlchlta Eagle. AuotlcrloJU: ManqiDt Editor.. Sunday aDd. Feature Editort. OJ'pnl&atioPl orNe'1r'p&pet' Ombudaman. Radio and TelevllSon New. Directon, Societ.y or Prof,..ional JO\U'D8UBtI. EDUCATION AND yoUTH , Banror Educational Foundation, California ....lOCiation or Smool p.yc:h61otri.ta, Eu' Ramapo cGnt.Nl School I).triet. (NY). Orand Haven School Dl.trict (0), 0t0I.. Polnte ~A (MI), Guidance Oo\l>>elinC Coucmlum (CA>, MinDMota School Boarel, A-lOClaUon. N.t1 Conference on Valu.. Ecluc~Uon, ad ll~roUl collei' and univeniU... PJI1L\NTHBOPY AND NONPROI'I'l' Am,riceD Heart AMocIation. CalU'oml. CoIDmunity Foundation. Oity afHope, eouncU or FoundaUons, Oirl8couta (~tlona1), OoocIwUl, Nan 'AlloclaUOl1 or 8ocIal8erYioe Cbariti.., Nan :PWmed OMnI~'~ Orou. Nat'l APoc:ia&lon or Fwad Iait1uI Bxecuti-. Southe'ra . California AIIocl&tlon for PbilantbroP1. . . . I . I, . . "~,;""U.I'C ...c~.m<~'.t1........ ,.,.w,..'1........'1^~.........jj!l ..l~.IIlII"l4t~""~....1 ~;.iJ~/.Iji....,(..~..........,.,,\~'it .IS'/~ ;:>UV I nwl:..v I .....,... ....U................. .' . . . COll~l:ll!!!lg &~rvj.(~s :. Values and Ethics Audit As organization. grow en- rcorlanize. the values and . attitudee which m.ake up &helr culture can chanp in unintended and unduirable Wll)'ll. Jl c:uItomi". . ~ul audit Instrument to provide an oYlanization's management with vital information . ..ai)out ~,.~po,~a~D~l V~,l\'II. attilq&le6,a!lc:1 -' behaviors-of their orpniUtton. '!be data ptoVil1i'.'7' - S' . " 3 an invaluable tool in developing poticiu and training programs to creat6 or rel1torc the primacy of deaired othical valu... Policies and Codes ..n co:naults on and drafta written policiea and codes !,hich oll!rif)r and articulate orpnintional valUeR. eBtabU.h staudards or behavior and provide' practical guidance for cleclslon making- TrainiDg Propam8 .31 dOllip ot'PntutioDwide prorraml and tl"ablll in-hOWle .tatr to conduct .ihice COUf.e.. . Major Project. 'ill 1891 . ." . Caltfonala Senate Preperecl model ruleI or CoDdlM:t and decillion- mating gui4eUnee; ~ed. tl'abdnlpropam for CaUfomia state...ton aDd their Ita&. IJJ.+-.' BeV.Due Semn . Developed compreheDlm ~~ tnmtnc pnlIPUl ineluding: muM aDd attitudet audit; dllecl ttall\iDg oFMnior~: tiatdiDI ofvalnm; ancl clesip or an_t;..hQUr program for \be . .....e,y'. 14.000 "u.~. v Ucscarch and Publi('at.ions I 1 I J Periodicals EtblOll B....r S.14 Th.n Dane Quarterly maguine featuriq in-depth tNatment of particular iame or profelllan aDd "!jthica . Watch-, a summary of ethic..relate4 event.81n government. businelll, edueation,joimaUlm.law, tcience and ~O~, .,me and..oea.ty, :IklOk ~- I..ue. are ..vail.bIe. ' Ethic. 11\ AotIo~ A bl-monthly neweletter that includ.. at Ie..t one substantivo o..ay or report and delOribol the acUvitioe or JJ .nd others in the .thieI field. Both iraclutUd ill balk IJUlmbershtp. _. Course Materials JI hlUl developed. resource m&1\ual. aud course ~teri.ll for ethtce procram8 in many or the ~or protel.lon. includinar publtc service, busina.., journalism. education, law and the Donproftt. aector. Special video ooune. in the eLhicl of fl'antmaldl\g ,aJld grantlMking are also avaUable. ...... 'I t Audio and Video Tape. oJ J] oft"era a ll8lection or audio a:nd video tapea or actual program., speech.. and Interviewe (Jncludlng Bill Moyers' interview of Michael . Joeephton as part oIth. .ocl.bned .World oflde..- lel'iea). I /~-17 SOUTHWESTERN COLLEGE TEL:619-482-6413 ~}ers and Re~~~"~s 'n1e Ethk1e otAmurlam Youth: An pwn.ive .tudy pubU.hed in Octobflt' 1990 of the values and behavion of the 18-30 generation. The Itucl,y waa reported nationally and .purred new initiatives in ethics education, includine Jr. Youth Ethics Center. j (", ".' ,- ! .. .:- ...., j' -- - " I - .01' , :.- _;' - -. . - . """ r ,..... '" r:. ,1 ... - ... ~ailerWagdaehb1icTnUt:PriDC)ipl..or-.. /-;. ..0 PubUc Service E~hlCl: A nminal paper em the theol')' ad practice of ethic. in pubUc ..rvill8 prepared t.nd publi.hed in March 1990 by Jr. Government Ethics Center. 1be work bas been widely distributed by IIOVemm8llt orgeni"atlont throughout the COUllV)' and in B..tern Europe. Thia publication ptve. -. the ba.it of codes ancllegielation .. well .. etbica COUl?8S. ModeIIBWlladBoJeBofCoocluct lOr LeIt'~ Coaunl.881oned by the Aluka Sonate in 1990 to prepare a model ethics bill, Jl developed a comprehenlive Itatute with guidelines and commentary. As part of its cont.ract with th. CaliCornla 8enate, JI modified the .tat\lte into a set af proposed rule. or conduct. Btbbl4llhtloJ! udBuleMaldul ~MaDaa1: An utenlive two-volume coUeetion or articles; te.tUuony anel .ampl.s of aataalIeplation Oft the federal, .tate and local Ievel. Aetual anel AppaNftt Japroprielyt A Report on Ethloal Nol'lll. II) State Lest.latuna: A report published in faUl99l on the oplnSonl, attitude. and behavion or.tate leli.lakln, Iegia1ative liaS' and joumalilt8 ClOV8riDlltate poUtica. Nov 2Y,':l4 lL:~~ NO.UU~ ~.!L I~t.hies (~orJ)S . _. _ __M____ ____.____.. Traiulnc for Ethic. Educators JI teaches itllunique method or teaehlnr principled reuoninl and ethical dedtion . maldnr through Ita Ethica Corps p,.am - an intensive 'fow-.d.8y CdUrae. Parl1clPantl will. - - receive Jr. Certificate or Completion and be provided with eJttenaive ODurH materiala, overhead trAnsparenclea ror ua8 in training., and theoretical and practical in,truction in the ethical philosophy, moral development and etrective teachins techniquel~ . JOSEPHSON . tNSTJTUTB ' OF ETHICS ".'lie ,Iu':>cph:,(lll 11I:,IIILlI(".~ \VOlk"~l1op is;1 VJonderful turlih('y I'd\;kdClt: 1(,1 "llyUIIL' \1'1110 wl:,Iw:, tllll',lIl1 ,1l>uul :ll1d (1(1..~.I()p ,I Ililill1llq ploqram Ifll'ttw"; .. 111')11 tJtlfn'.. ',,~'.'II f~'1q' ,~"lll :,"1\1 I P'-pi 1(1' 1',lIqt.',_:- ., I '4 . II' .. it .~. .... :'$..~".i"'" .': ,..... .,', .."ll....'.~....i.:~;~.,;.!..'t~.~O:......l\'..:..".~J\: 15'-19" SOUTHWESTERN COLL~~~ ItL:l:)l~-Q~L-O~.L~ "'. . . GOVC111nlcnt Ethic^r; Ccnt,()r JI established the Govemment Ethics Center which is adviaed by 8 special commission of experts in government. media and aeademia ~.~., , - ~. ~req .~e~4.~~ ,~~.govemP:le~~ ~r~~~~_ f." 1 ~ projp'ama and tbe drafting ofpoSitiori paperS. ..". The Center organizelsnd administers the Institute's programs. publications and IleI'ViCC& for tho public. GoverD.JD.ent EtMes Center .. ... OVl"f till"' past yc,'Il, twu cvenb truly chnllg0d IllY life... [one bt::i1l91 your ethics wOll(,',;hop lor If'gis'i1live ICddcl s." -f..'re~ldC'!1t. AI,-I'.;".t\ ~.,~Iull' I'UV L:J',;I"t ..., -"""V ."lv.v...,.....,. I .......... Youth Ethi('~ Cc'ntcr .. . - .__ __.w _ Be8ponClln. to the preulllJ 11- to .ctu... the deterlol'llttna value. III 701&'" people nve.led in tJa.lnem..... repori, '''.lUh~. of NrteMfm Yo..'''. JlIau ..tablllhed &he "YoutJa Bthlol c.a~' The pla of tlsI. 1IISdertaJd". .... ambitloUl .... 'riteh , . I .A..eIlIJPellt' , .:-. 1 ' ~ , - " ':. periodie extensive nationwide lurvey. to ...... the values. a\tltudes and bDb.vion or the under~SD pn'retiOJ\."i~ p~de . bait. for deteruidninl the' elTectlYfln8ll.~f ethics training. :"-: YOUTH :,:'." Teaolw~:~.lDilll " : ~~;. . . TraiD K-t..arlI~ftla~ to WGch priDeipJ.cl......Dlni)~~l~ec:l8ioD making. :.::';.' WUE.l1'. .... '~'::':. ". .J::::' .' .:.~;. C"rrloul. . :~.::,:. .(. . ":.,, Ellco\U''', oorriculum cltvelopmMJt, national workBhopai:,ranw.i.i)il ~~.~.On~ .warda to enooll~ ......:~16P~t. co_wt~~~j:~:~:t~~~~~:~,~~f~.~;~j~;~~~ CODlult ~th ~hOM'1iI~;:bO.icl. of . ecluc:atlon, Pl'tU .nd )'outb SJ'O'Lpa on how they can develop aDd ...ll1&tt ttbic. program.. "For tile ClOtHI 01 our childrl!1\ ,Iud the' l]ood ul Ihe Coulitry Wc' ~;irllply hav(I tl.\ do sOlllcthllllJ to lCcvi\<llllC tl1(, n;1lion S (:(JIl<,cience .. . f,'tr 1',1:'1 ...h-I~.f'~rl~~llll i'f" 1,/ SOUTHWESTERN CU Lt.bt. It.L:ol'::l-Qe;L:-04J.'1 (;ore Beliefs - - - - The stratecfes adopted by JI are .haped by the$e core bclic~.; Ethics is an individual reaponmbilUY and opportunity. In\p.....v<<ln"mt in th.. ut.hic:al quality or ,,"oeicty will bo .' ~. ,. . niad... onlY:ln incretil4intti: on'l!"":plulOOn-anll on\) d~~I~n ,') - "'.- .\ " alll !.Ime. Our fllndamtDtal .tratelY ill to Inro.;."" .'," ", '. in..piro and onlpo".cr the con.cienc.. or Individual, 80 thllt ellch per50n ill mon! likely to net ethically. While there i. no .iI.gle "right" answe.. to many ethical questions. ethical decillon. making skin. can help people more effectivel)' eliminate lmpropet" options and ehoose among conflicting ethieal obllr:ations. Ttw ~..k of cathiea} dcc:i&ian making i. to diltinguitlh ril%ht frnm wr.'nJt nncl to choolW Illld nc:l upon Whllt I" right. In mllny "it\IDtion$, o<omQ clptione llrc! clC'Qrly Wltthical. Another kind of othie.1 elect.ion making involves more subtle rell80nine requiring choices whl'f'e nil pption is clearly ri(ht or wronc. In .u~h CA8C!$. it is imporllant to p.rcvivv tho principles involved and rank conOlctinl othical oblifationll. Trained ethic:al decision making inCr9ase5 tho ability to .liminA!.e improper options and to make et/liCl\1 choiL... in more eomplex aituatlanl. Ethics ma. two diDl~n.ion'lI the negative dimen.lon defines Improper oonduot. things we should not do; the attlrmative dimen.iop creates positive obU,ation$. what we should do. Ethical pclnonl aeek to avoid doing bad things - lYinB. choating. .tealine. rev.alins COl\ficl.ne>>l, abusing ,- nthen and other improper conduct. The)' allo !MIek to do good \.hing. - to be fair, helpful, eompasslonato and accountable. Emphalis on the mCljor obligations , arising tTom th. affirmatiVe dimension of ethics will produce 1& dtillOnry moro wllltnl to acldreal &he major loclal pTObl~maofo\lr time bccaWlC they place a hi,h priority on valuos such as carinar. ,.tpect and QctOWltabili~. I'UV '-oJ I J-T 1 J:thloal priaciple. aN II'O"Ullcl nate. of deol.loa maklnlf. The ....nee of Jl', approach ,. a process of reasoning which ,,,ata bale ethical principles such.. honetty, b\ucrity. faim_e, carin" ro.,.et and accountability a. fI'OUnd roles t)( doclsion making. not merely as factor. to consider. ThuI. thill reasoning orten preclude. option. that may Mem expedlont or nece.....-y Pld requires both penon a' df.cipUne and . creative problen\ aolvine .kill.. '",".", ,-r- ~:.'" .I' ~ 1.,' Btrort8 to IBO"'... &bo .UlIoa! quamy of .DCliett wID be lDetreotlve aDI... thoy bike Into aooount praetloalna!IU.. .uoh a. .00Aollllo pre.~" ~al dellUlllds. cOD.llotlJlC .dl1oal obUptlom and profea.lcmal rt.ke. Wanting to be ethical and consistently being ethical are \wo clifferent thing.. Often, ethics is eatler ..id than clone bocaUle our moral ambiUons are .ubdued or overcome b)/ "."res. rea", (It .)'Stom. which Mcm to ("n:e \Ill towanill compromilin~ ethical principle.. Crancl ltatement.a about the virtllQ of virtue are not lufficient to chango conduct. Ways muat be found to tranllawethical aspirations into operatiyC! ,trated- enel ptacUcelpidelinet that can be ~td to 8OIvo actual problema. ~hical obUpUOD8 .xtend be,.ond 1.,.1 ooaapUance. While we '\lPpor\ tho development and refinement ot written pclUci... oodoe or law. that .1arify othical oblilationa and oBtabUth clear mlnlmalllanderd. or cond~ct. JI believes th.' ethic' often require5 more t.h.n legaUttic" oomplienc:o.lIW1.Y t.l"'t* ofimpropriety - Hception. anfaimea., hypocriBy - cannot be eJTecttvoly provonted by enforceable rWfl8. And. tech.alcal aclberenco to the let.ter ofth, law OR.c1l circumvents the law's clear PlU'pClR ancl.pirit. An ovorempbaaie on what ODe bal a ript. to 40 dlvel14 ua from the moral queltion of what ia rlJht tel do, An act i. not ethical simply becaUIIe u. teleral. nor proper limply boc:auae U. .. p8rmiuible. ." .,. ,'";' '10' . "'''1 i''''. " /5"M -: (..-~ T~~. s P I~ ( ~ I A I~ r I'II{ A I N I N ( ; f"OIt rJ'I~~J\(_~lIIN (i E'1'1111 (1,S IN "rlII~ PIJIlI.J(~ SI~(~'T'()I~ ", November 16 - November 19, 199-1 ** November 11. November 80, 1995 WuhlnglonJ D.C. Area Tuition: Includes S da.ys lodging and moals $1,650 - If tully pald by 10116/94 for November 1904 ,euloll - Iftlllly lmld by 1012'1/96 for November 1991S 8tl881on 11,900 - thortaner Tim NEED FOR ETHICS EDUCATION IN THE PUBLIC SECTOR: . Increa.qingly cornpJexlaW$, burgeoning departmentpollcles, Intens1ned press ~rutlny and d~terlora~Jng,publlc conftdence impOse a heavy burden on govem~ ment exec:uUves to assUl'(!tI\at their employoos undorstand and are committed to the formal and Informal standards of eonduct. to which they,will be held. . All federal government agencles arc now required to provide ethics tralntllg, r.over- ing the Office of Government Ethics' new rules on standards of conduct, for their employees. . EthIcs legislation IS sweeping the nat,lon, at both Ule state and local levels. It fre- , ' quently includes an educatlonal COMponent. - LegtslaUQntthat mandates ethlcs educaUon Is being considered througholitTthe Untt.ed StAtes. . . .. . . - California law requires that all stair. lcgislat.ors, statT, atld lobbyIsts attend an ethics educatlon program every \.wo years. - The .new Los Angelos City ethics law requires that all city employees attend ethics educaUon }>tograu\!J. __ 'l'he ArIzonn leglslal.urc (~nduet(\clItA nl'lil. ~11)I(s ~lu(~at.lon lu'oJ(ram In 1991. WHKl' YOU WILL GET OUT OF TIlE PUBJ~IC SECTOn ETHICS TRAINING: F.f~. ~ rqg ftraduates leave the DI'OJfram tort.ll1ed wit.h aU ot the knowlede and WHAT YOU WILL GET OUT OF TIlE PUBI~IC SECTOn ETHICS TRAINING: Ethics Corps graduates leave the program tort.ll1ed wlU\ aU ot the knowledge and teachlng 0001& that the Instltute has successfully employed in programs for federal and state agcnclCll, clcct.ed otnclals and staff, and even entire legislatures. '. Grad~ 8l'8 prepared to conduct full and half-day ethics education workshops for virtually any audionce. I.::oU~,~titute's approach to etblcs traintng takes Into account ~mal and internal politICal pressures, management problems, and media perspect.lvC$. . The training coume Is designed to train Individuals on how to teach the new ndes Issued by the U.S. Omce ot Government Ethics, which are likely to se\. the standards for "tateR' policies In tho fuUlfe. . . ParUclpantb learn how to draft and Interpret ethics laws, rules and polides. Orientation: ..-' "NovC'lmbcr 161h, 6;00 P.M. to 9:30 P.M. Program ends 6:00 P.M., November JOOl. ....November 271JI, 6;00 P.M. to 9:30 P.M. l>rograJn ends 6:00 P.M., November 3011\. 15'.2/ ..:<...."t .~I'..' ',:~.~'.~'.~: l .... .,~ .......:..... Dee 05.94___.12 :28 No .004 -':.~9_L-.. l' .' . ,. SOUTHWESTERN COLLEGE TEL:619-482-6413 ~';"'_............ . .0...... ........ ..... ... . ......._._........_..__...._ .............. I' ETmcs EDUCATION WORKSz Elfectlw: ethics educaUon rcq\Jires more tllan dry recltaUon or the legal requirements and sermonizing 4lOOut the importance of pubUc ttu.9t. Sophl8tkated and Ulought!ul .ppr~hM are ne<:ea88l)l' 00 Inspire employees to bo botter and to Increase their aware- nea of and commitment to Ute rumtam(!ntal principles or pubUc &eMce eUllce. 'Ibo Josephson Institute has developed 11 successful and effective method for tDlUlhing ethics In govemmunt. . After attending a n workshop, 76% or Ce1ltomla Iltate senatol'll surveyed agreed thai. tlley either bad already made decisions differently or expected that U1CY would In the futuro. . One $'. o. r fooer.al agency has rmmally adopted thO phllosophy and methodology of \he J tute and Incorporated JI prlnclple8llJ\4 tmlr\IJli 8\1'ategles Into programs tor over 14 managemand 100,000 employees. ,_' . ,,_, ...l.. . .- '_' T , 1 -. .:-- -r ..- ......, l., ) :- ''""'1' ~ ~:- "'1 ":" .-~._,~r~.J--~^?-.C('.3 ",... , 'mE JOSEPHSON INSTITUTE'S METHOD OF Ennes EDUCATION WORKSI Comments from participants of JusepJ\flO1' 1nsIitute et1\ICll worbhopa: UI am much more. cautious than before tho workahOP,. and I think abOut dccl8lons in a different Ilgl\l Thero's a new acrecnlng pr0ee8S Qlat takes place," . - Bo.:r1"l/ KfeM. srmato 1t/41UrUJI eead.ur, Caltrorn1.a "I/>> L'JOmeone who has parUdpated in e. Jooophton Institute program, I know of DO ~ me8.n5 orprornotlng ethiCs In g()vOrtl1'l'lenll thought 1fte program was excellent-" _ ArU/.Ur Holland, ftmner mayor, 7nmIon, HJ "I think Ute program was excellent. I ~ U\8t leglalatora around the COuA\1'7 would beneftt from this type or program...and Olat (ethiea education) ,hauld be a part of 1fte orientation that n~w leglslalors rocclvCl." " _ John"Ma/rr.in,jormer speak.eT. HfYlI&8 qf RBpresenlOltU68. Matnc WHAT PUBLIC SEC1"OIt TRAINING GRADUATES HAVE SAID: Two gradu'" Crom the most recent program~ .Well done! A groat course to assist an o:tgan!zadOJlln putting an ethics progrem (entire program) together. n "This exceptlonally well-pJarulCd and well-presented coune haa provided me a valuabll."! tool to be \I8ed In my agency. The discuasloll of eth1ca] princlples was extremeJythought.provoldng from both a profenl.onal and personal basis.. An earlier gradnate: "TIle Josephson InsUtufc's workshop Is a wondmuJ turnkey package for any01\C who wishes to learn about and develop. training prosrem In eUlIc8. ~ _ Bob ~. gmwrtll manager, SocW. Scm1ice D"l'tlnmrmr. Los Angele$ USE REGISTRA110N FORM IN GENERAL BROGIlUln: .... . " .... If.~ . - . . ......-------~...1~~:.~ -, ..,." I ~~i'_ . Wf. SOUTHWESTERN COLLEGE TEL:619-482-6413 Dee 05.94 12:30 No.004 P.03 . I r....' . . I" ~ I~~ I . Ii )J! ih ~~o! h I~H . e3~~~. el!!ll! . ~ Q . . . . . . . ~ .3 13 rao ~ i r,:J ~~ * ~ Q J ! \: '. \', ~ ~ .~ \ ~ ~. .,' "'. fIJ ~ 8 ' ''',,' ~. . . ,...' . . . ... I; .' ; 0' ". .. .' . r/.) lB . '; Q \. . '0;" . ~ ... ;ij U! ." '.. ". '. ',~,~O- ..";, ,",' ,. ro1' . n I ~ ~ ' ~.:.g !/ '.~..," ! ! i 'iI J 1;11 ~ . .' lj ..... ~f;.!:I fl EC &-6' ;"'}\"'~ " ~M i S. ~!S~ ~..'1. :.' i:lII Q d! Q .sl ~ ~ tfI F- It "O~. . ,.~~;: , ~ .11111 . 151i~ Jj!l'ti ~.sQl:2 '~i~~l ~.~ ~ i .$0 &41~ ~ Mi. ];~ CIJ:Hi:l1I~i;! ~ .~ 0 J -'~ ~ ~ & .~ ~ -a SE2.s oS.sl ~ . .'If'; .El5 '~hV'I~ ~]tl~~ E .~ S f 5 ~ ... \ ;:j j J oS t: ~ R. ~ I ~ 11 'fi !l ~ ~ 1i 'j I1l 1.5 ~. i fJl~ 8i!i ~1. .~p. B:B-!i: 1~1 iH Ui~1 iH~ 1 Ull~Hl IH.. It;!! :un ~ i:aJl I! o~tu ~~n! ;~lh iH~dll Q ....;.;'t~ . /.Y.:J.j f " w',' .... ,.'~ 'g, !!" Ql ~~~ 0'-' 'ii~ li~ ~d II t · ..~ ....~ ~~ ll[ ~ ~~ Kii!;ig a iHUHiU !U Inn it u~ hU fIlii! ~ J z ~ !2. *-t ~ I B ! l Q I ~ ~ ~ ~ 2 2" ~ ~ ~ .I '< 0. ~ >1 ~ .S?- g ~ t~I~~:I,lil~ !ii i~i ~:~!i ~'~~!,~i ~li! 0 ....' i ~ ~ Ii: ~ . i ~ I 'go Q ~ ! ~ J;. g 0 ~ til B ~ ti1 ~ " ih~~i 81 1'111 iu~~i~aH II-[ hi!~ ~t!'o~ ~ Ii!., ~n i~ R..'! g.~ 8.U lup hUh.1 It! ai II ~n Iii iU~ Is~ S ~I ii 08 a ~ i'i ~/I)i ~l)IS ! t ! '. ~,'~" ; ~ '.~ i.1 8 i i h" ,".' l .s i~~ I 'li ti !I i~'~ S' '~D I I:" Ii ~ fU a ~i ~ jL il. a ~ I " :, . i . ~ ~ ! I i ~ c ~ ~ I f i I! [ ! li} ; I~;: Ie; 1:1 I' r jf~, lE~t:,.~ ~ . .~~~~;p;1 ~ o~~fI} r5R~tQ~ ,~<!7i_ ." 'Iitr.l ~ Oi$l:f .' ,Si.' Slil Q.. ~n .. ~_~c"""'(")""'~~_""I" .... . I, ;g;. .;a: toil. e ..t=. - ,.... . .. - n" ~ .:'. ~. . ......8 -18 t fll . - ~ ~n;~ ~ ~j~ ~ . .~ ~ Iiii' · ~, CD !. ; ,,/'-:'.-i1:' l 5 ~ .." > m '. . . '. 13' GI ," ,~.:: .:.'. <II A ~ !1- " .,....'~', df. ifiilii " , .~, , . -,:;.^, '. . ..". ~.5 . .., f.....OO' 4' . ,:.":,., .. _. . u;~ d' "- " .." 1'. ;. I 'Cl i ~~~ · S!' ~t'. ';tI! (, >" In . ~"J t3 . .... 8 ~ l:S. i' [ i1 f ~oi~ ~. i ~ !l " ;!-- .. ........... ...:...:.. ..~.-e...:.~.'..i..~_._....____...... .. . ..__.... __.. ,/I vO'd vOO.ON O~:Z1 V6'SO Jaa ~1v9-Z8v-619:l31 393ll J N~31S3~Hlnos ~ t~- ~ r~1 III .S Ih ~ I Iii ~ 0 0 ~ . Bjill l:i' fil~~ lift i 11- f I ~ ib~bii ~!I'C~~e l:S . -g t rIJ s'g[Sl Q~ ~~Bj~ ~ ~i: ~ 0 CIJ ~ e ~ ?) $ b ~ -e" ri .~ ... . : j I ~ ~ il ~ 1 .1 illi ~.a ~~ I ~.i. :. 8" ~. .).. rl. -~1 .~. " ." ~ t:d' ~ i'l I ! J. ' . :. f ~ Jl ~ ~ II if ~ . 0 I i ~ ~ i ~ ~D. '.-.: =~~~g; .all ~Ji ~li\... ~ ~'FC< ~_~!i ~ "":':. ~ - - - - - - - - - - - - - ... - - - - - -- ii, r it .El t-: a '0 ~ '1. iiii ~ II .!S 'tl fd i ! 11] j 5'>> 2 ~ sa .. f:i a..a jl: '>> 'tl ill .... i 'S=i~} ~ .9 tb.s ~j~~ s [ ~ .!3 "B ~ II) <'II ~.:.: i ~g;il l~ ~~i~;1 z~i ~ ~~~ il ~ ~ f ~.et$ p;j (I) Cj 8" ~ i~j~g S;~ ~ ~] ti f'~ ~ i ~ r:c~r.;scu~ ~rn~ IiIiI . (.> TEL:619-482-6413 ~.s _ I P~lt tl.fJ3 g . ~ till,! B,;.!l IllS '3~.b:;;t1~ ~ a~-l ; s I ~ ~loH~f ~ ~ . ~!t"'le (0., .~'l:Ij-81 ~ ~j~~' ~f ~ ~ r~.t ~ I ~ ~ ~ j ii-If s. ~ ~ ~ t i i:a fl' Ii l~~fH ~~ ~~h~n (.> ., I:J (] i ~ .... ... II } ~ ~ z z . I ~. . j~1 . iit ~,ij 46 0 . . a!li .~ "S .&~ . ill.!" .-=~ si 'aI ti-f ~ 2' .S oS 1 .Ill .It 11.g .. f s ~:; il IUh IY.if' Dee 05.94 12:30 No.004 P.05 -r. ~ i i i ii! I d . hl-a f~ 11~lfl is. t I ~ r.~ 1118. '.Ii 'I .~. I == ~. ~d i ~ ! 11 .5lglgsl ..~~~~68 . Vi f~i~'El ~ ~I!hl E j I! f-z ~ SOUTHWESTERN No.004 P.06 " "~. '1:.. ~ .. g~ . ~ IS.a . ,).s. .rJ .C".[' 31: .~ ft 0.8 .!f 5 · f ;:0.. . · fI.l ~B).4 ~.~ t"'\>> ~.5 <t-e ~~ 0')0) '-l >--t ~O}O J::!:->--to, ..... . ,Si~ ~ 11 ~ ~~ tooc .... Q) ....., .., ~~O)iN .....:?; "'" .... Q) ......~ a -'. '1': - .t$....... 06 ;:" ~~h ~cc>.....~. ,.!~~ ..... 1 ~ "'oJ Q) &i 'a I .Ool:t' I .~J.':)1 ...~.....OQ 0::: .~..... """t .c ~ .,' ~ ~ ~ ~ :::s' 0;>.. ...... ~~ -- t:l OS> ~ ~..-..,,~~.~. ,J '"0' . -"'I..... I ,.-...,t ..u"'~". If , - ~'\ 1 0.1 ,ell.'". .DN1 }OSBPHSON JNSTITUTII OP IlTRICS 4640 AdJnIra1l)' WIq 1'I\11l.\' _10111 MllI'llIll dl'l R", CA DO:lf)U810 ..~ ... - :::."": ~'. ~~~.::~_...~ --1 . '" " :~ . .... ',~". .' . ~,t1 U~'I.II"i111, 1"11111111" .1I,il u.;.Jin..t, ~~.I /5".2t, SOUTHWESTERN C1LLEGE TEL' 619-482-6_4.P. Dee 05.94 12:32 No.004 P.O? r . :~. I " ( \ _ PUBLIC SECTOR TRAINING ,- . . ..:.....; ,,:.. ';I~"':" I '. : . ..'Ct,:;', ':, . H: I ;'" ", '. : . . ..... .... . . . ...,' ...',. ~ '. .:.... . . .:' . ~.' .... . ..'. . .~.'" :; . ':.. \, . . . . . . There'is a J1~' off~~g:of'hb~:skor'~;~t~g'~,in, ' the Washington. D.q. ~ea.' ,AS 'a '~t of , this, please'riote ' " the followin~ cbtnges'to,'~ b~,~:-ue. ' . 'To be held Marc1i'i';'4~ 1995/;..... ' " , . Earlier registration 'feeS !DuSt 'be received before : ,Februarr 1st, 1"~.,. ' . ,',' I ~bii~ Sfrtnr "",,<Ud.- ~ ~ ~. ~ muDicipll ,",_' " ,agcmCY _ .ap.~,- . ~e~~~ em~()~. . ,P~ _ ,(;OnttaCtOl'St consultants, ana.edu~~~t~ th~:g~mmenu(' ' '^ - '7' \'. . .;-~' . I wo~d like to tab this oppottu#itY to -intr. ~ my name' is D~:' Pi.eAger;~.";1 ' am'. '. the Ttaining; Coordinator at the JosepJisoll';~tute of Ethics~ 1- CUl help'you with any ~nS ~'may,have,~ the training and will, support "yOU "~uiing" the course preparation period and foUow..up.', I caD 'be reached at (310) 306-1868, ~t faxed at (310) 827..1864. , ' .~ I' .~ .,"".,' -~ '.: '~- <""'. -1'""' -~ -,-. ~\l " .1 .' /.5\.1.? / /S-Z8 ", #/6 :;j 0-1 December 8, 1994 TO: The Honorable Mayor and city council FROM: John D. Goss, City Manager~ SUBJECT: Request by the Board of Ethics to Procure Services and Sponsor a Workshop on the Principles of Public Service Ethics I have had basically less than one day to review a report, and then a subsequently revised report from the Board of Ethics regarding a "Request for Authority to Procure Services and Sponsor a Workshop dn the Prinq~~ or PUl5l-rc--SerVIce Ethics-:-li-'- ---r-arcr-nave-an-- "opportuni ty to conduct a couple-of-reference checks regarding the proposed consultant, and have obtained other information that may be useful in the City Council's deliberations. Also, there are policy issues which are presented below, which you may wish to address in deliberating this issue. Before commenting on some of the policy issues which are before you, let me say that training in ethics could be very beneficial to the city and to the community. In discussing the matter with Mary Grover, the Ethics expert with the International city Management Association (ICMA), which is the city managers' professional .... association, she makes the valuable point that a discussion of ethics at the City government level can have a beneficial ripple effect within the community itself. It was suggested in the report that other entities possibly could be involved, such as nearby cities, water districts, the school districts, and even the Chamber of Commerce, to help spread the cost. How this would tie into the consultant's needs assessment, however, would need to be determined. Some of the issues which you may wish to consider regarding this recommendation are as follows: . Cost and Other Trainina opportunities As you may know, the City's overall training budget has been unfortunately reduced because of understandable budget constraints, and has focused on tangible results type of training, such as customer service, cultural diversity, general and sexual harassment,___.etc. Since -I have-tl-ada very short perl~of time to develop information to assist with your consideration of this report, it probably would be worthwhile, and it is recommended. that Council request staff J ,~ "I '-.71 / _7 <c~ to identify other desirable, but, deferred, trainina opportunities. The purpose of this is to provide the City Council a full array of training choices, given the City's limited resources, similar to what occurs during the budget review process, where information about ~ll City programs is presented to the City Council when it makes its decisions about the City budget. The other issue is the expense itseJ.f. The report from the Board recommends that $10,000 come from the unappropriated balance of the General Fund for this purpose. It is suggested you may wish to consider, and it is hereby recommended that this be referred to staff to identify other possible fundina sources for this trainina, such as the citv Council continaencv fund. . Puroose of Trainina The purpose of the training is described in general terms. Howeyer, you may wish to consider, and ,it is recommended that this be referred to staff to determine !~hat the city would be aetting soecificallv from this orot!osal. It would be worthwhile to. see a specific propos.'.l from the Josephson Institute, learn specifically how the needs assessment would work and how the one-day program w<;.uld be tailored to fit Chula vista's needs. .~. . Is This the Right Consultant? . ~ The report from the Board ~~ Ethics suggests, although it is not specif ically recoJTl""~~lded, that ,the bidding process be ... waived and the Jose~:.$on Institute of Ethics be utilized for this training. Yvu/may wish to have further reference checks performed for work they may have done __\iI!-.!!H<:>.th~r cities:--A copy of their cassette training opportunities indicates training has been performed in education, non-profit agencies, law enforcement, etc. It is assumed that the Josephson Insti tute of Ethics has had a wide range of experience in providing these types of seminars. While I have been unable to talk with the appropriate R~rson with the County Department of Human Resources in connection with the JO~~.J2hson's presentation at___~h~__Q.Q~n~Y.._J!l1991, they did leave a message that the one-day sessionwas_~)'L~:xcellent one. Also, Mary Grover, lCMA Ethic.';; Advisor, attended'a -.-... . --'-'" ',.- . . three-day seSSl.on, presumably the "tral.nl.ng of tral.ners". She felt it was very well done and further felt there were not any other firms providing similar services. Her only possible negative comment was ~e.phs.o.IL.h~s a lot to cover and, as a result, j.o..es ~t~~ te or invol ve"J'l\uc:_~ n_~!l::~.:.action that . would normally m~ an a-rr=clay tral.nl.f'lg sess-torr;- especially involving elect~d officials. Other than that, I would concur with the B9.~rd"ssuggestion, although it is not specifically recomm~pded, that the bidding process be waived /.;;,,__70 and that further work in developing such training with the Josephson Institute~ if the Council feels this is a spending priority they wish to pursue. . Should the City Council Engage in a Visioning and Mission Session Prior to Such Traininq? Assuming that the city council wishes to pursue such training, one thought would be, and this may be especially helpful since there is now a new Mayor and a new member of the City Council, to engage in a goal-setting, mission-setting and vision process in advance of such a session. The City may get more value out of the ethics process, according to Mary Grover, by so doing. Since an ethics discussion really has to do with values a number of individuals bring to the workplace and to the policy dais, there may be a need to discuss where the City is going, identify the values that each of us bring to the policy arena or to the workplace before engaging in this discussion of values and ethics. I have no specific recommendation on this item at this time, but it is an issue you may wish to consider. . Should Attendance at the Session be Voluntary? On Page 2 of the report, it is mentioned that there should be mandatory attendance by the Mayor, City Council members and appointed City officials, and that is clearly up to the City Council in making that decision. Later on;--on Page 5, it mentioned that it might be desirable to include voluntary attendance of all Board and Commission members. This, 'again~' is obviously the cit.y Council's call and Mary Grover did suggest that it might work better, with Board and Commission membersi tB.offer a special invitation rather than making it m~~datory, ~ince clearly not all of them would be able to atterid- a one-day session given business . and personal s~~~Q~les. Regarding staff attendance, I think this is an excellent idea. It is suggested to the City Council, and it .s hereb recommended that staff att ' h's se 'nar 'f it is a roved b the cit council be chosen b the cit mana er fo' hose e feels most a ro riate be efit-rrum s traininq once the more specific goals and objectives are determined. ... . As a Cost-savina Measure, Would it be Better to Have Only the One-Day . Seminar and not Provide the Three-Day "Train the Trainer" Seminar for Follow-Up Training on the Part of the city? herebY 500 is ',- and one ly;J1 ini tial training. That is one way to ensure that the investment of $6,500 in the initial workshop is not lost. Further, it is anticipated that this would not be a new staff position, but would be a city staff person designated by the city Manager to assume among their regular duties the responsibility for follow-up training. This very well could be the training officer or some other staff person who would be determined to do this follow-up work. SUMMARY AND RECOMMENDATIONS Obviously the Board of Ethics has done a lot of work in developing this training proposal and they are to be highly commended in this endeavor. It is my belief, also, based on one or two quick references, that they have probably identified the best trainer in the state, and possibly the country for this proposed training. Finally, while ethical behavior is not percE!Jy~g__~.9_ be a problem wi thin the cTtyOfChuU-\T1st-a-;-i:t-can-:b-e -an opportunItyn-to"Dui ld for-now and iri-"-" the --fllttir-en-'pOsiti ve ethical behavior as well as becoming clearer upon the values upon which decisions are made and actions are taken in the city. In connection with the report that has been presented so far by the Board of Ethics, and to summarize the recommendations identified in the paragraphs above, it is recommended that: ~ Staff be directed to identifY other possible fundina sources ~ for this trainina other than General Fund reserves. such as the City Council continaencv fund. ~ This proposal be referred to staff to determine more~.... specifically the content of the proposed trainina. L. Anv staff attending this seminar. . if it is approved bv the city council. be chosen bv the City Manaaer to best match city jobs with this training once its specific content has been determined. ------- If the one-da seminar costi / 6 50~- i1\ roved the 0 low- up specialized instruction to &i~~rainer in-house also be approved ($1. 650-$1. 900) .---- --, ~ .h ---- JDG:mab cc: Board of Ethics city Attorney j. J_~;-~];L COUNCIL AGENDA STATEMENT Item I/, Meeting Date 12/13/94 ITEM TITLE: Report to consider the deferral of Eastern Chula Vista Transportation Development Impact Fees (TDIP) and Interim Pre-SR-125 Transportation Development Impact Fees (SR125 DIP) for the proposed Industrial or Commercial Land Uses SUBMITTED BY: Director of Pu~lic W orkJ (;(-:;1 (T City Manager X~ I \0 (4/5ths Vote: Yes_NoX) REVIEWED BY: The Transportation DIP and the SR125 TDIP are scheduled to be effective January 1, 1995. The City has recently received requests to consider deferring the collection of this fee for certain land uses for one additional year. RECOMMENDATION: That Council accept the report and not waive or defer the fee increase for Industrial Properties beyond Jan. 1, 1995. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On January 4, 1994, Council adopted ordinances 2579 and 2580 (Exhibit C) for the collection of fees to construct needed transportation improvements in the Eastern Territories. Implementation of the fees was delayed until January 1, 1995, due to the weak state of the housing market. On September 27, 1994, a report was presented to the City Council in which the status of housing construction was discussed as it relates to potential postponement of collection of additional fees and new fees (Exhibit A). Prior to that meeting, staff had received two requests to delay fees. One request was from the Chula Vista Chamber of Commerce requesting that changes to the fees be postponed for an additional year for industrial land uses. The stated purpose of the request was to stimulate the job market. The other request, from the Rohr Federal Credit Union (RFCU), was that Interim SR-125 fees be postponed for one year to alleviate specific financial circumstances relating to property that RFCU owns in Rancho del Rey. At that meeting, Council requested information from staff regarding the financial impact to the fee programs, and what fees other jurisdictions charge for such programs. The TransDIP will increase for Industrial on Jan. 1, 1995 from a current charge of $61,200 per acre to $79,960 per acre. The new SR-125 fee will also go into affect at $16,400 per acre for a total fee of $96,360 per acre. Virtually all of the industrial land uses for the DIP area (including RFCU) have pre-paid TDIP fees through assessment districts. The only increase will be the $16,400 per acre fee for Interim SR-125. I~-/ Page 2, Item I /, Meeting Date 12/13/94 Staff believes that establishment of the fee last year was a difficult process, where the fine balance of interests between holding off fee increases to stimulate the economy and enacting fee increases needed to avoid larger increases for future developments was finally achieved. Council granted requests at that time to postpone the fee for one year, and this move satisfied the needs of the vast majority of the future fee payers, without placing an undue burden on the remainder. None of the major property owners are currently objecting to implementation of the fee in January. To contemplate postponement of the fee may represent a significant departure from the balance achieved and would result in an increase in fees for the remaining properties after the fees are implemented. With respect to the RFCU letter, staff does not believe that there are any circumstances related to development of this property that are unique, and would justify special consideration. Staff understands that the fee increases present a substantial financial burden on all properties, but that the fees are necessary, and not excessive. On the issue of what other cities charge for development fees, Exhibit B provides a chart with such a comparison. Chula Vista charges higher fees than other agencies, however, these fees reflect Chula Vista's unique transportation situation and approach to solving transportation problems. In many other communities commercial/industrial properties fronting on major roads must also construct road improvements along their frontage, with no credit towards the fee. Thus the lower fee for some communities may not reflect the entire transportation obligation. In consideration of the different trip generation factors used for fee basis by the other agencies, staff has evaluated a potential reduction of the trip generation rate used for industrial land uses in the TDIF and SRl25 DIF. As a result of this evaluation, staff has concluded that the benefit of such a potential reduction would be minimal, since a substantial part of the industrial base in the TDIF/SRI25 programs has pre-paid TDIF through assessment districts. Conversely, there would be an adverse impact to residential fees, which tend to be more sensitive to fee increases. The overall consensus of the property owners was that it would not be beneficial to reduce the industrial trip rate. Staff has shared this information with the Chamber of Commerce representative who has agreed that it was not his intent to adversely affect housing. Regarding the information requested by Council at the September meeting, Exhibit C shows the potential fee impact resulting from postponement of the industrial component of the fee, with different rates of industrial development. As a matter of process, when Council considers adoption of an impact type fee, it first certifies an Engineer's Report, which outlines the need for the facilities, the facilities proposed to satisfy that need, and an equitable distribution of the costs of providing the facilities. To delay collection of the fee for a certain class, at the expense of the other classes, represents a different fee distribution from that identified in the Engineer's Report and as such, may present significant legal issues. The City Attorney recommends that, if necessary, a discussion be held in closed session, prior to Council considering such a partial revision on a temporary basis. Should Council determine that there is a rationale for revising the distribution, it would require modification of the Engineer's Reports followed by a Public Hearing to re-establish the fees. It,-~ Page 3, Item~ Meeting Date 12/13/94 Should Council prefer a redistribution, staff recommends that both TDIF and SR125DIF programs be restructured to maintain consistency. Likewise, delay of the entire fee program would require modification of the Engineer's Reports to establish what the correct fee would be in January 1996. However, since there would be no redistribution of costs, this could be accomplished in fairly short order. A delay of the fee program for I year would increase each fee by 8-10 percent depending upon the number of permits issued over the year. Included in this report, as Exhibit D is a chart showing the available options, with a summary of the impacts of each option. CONCLUSION: As discussed in the September 27,1994 report (attached Exhibit A), staff recommends that the full Transdif and SR-125 fees go into effect on Jan 1, 1995. Increasing the Transdif would have little practical impact on most of the industrial properties, since those parcels have paid their TDIF Fees by being in an Assessment District. The SR-125 fee is a new fee and is necessary in order to insure an interim north/south transportation facility should the Toll Rd./Freeway not be constructed in time. That fee was based on a study of total trips that would benefit, and categorized parcels by development type. Delay in implementation for one category would inequitably increase the costs to other categories. Even though the total fee for industrial uses will increase from $61,200 per acre to $96,060 per acre, this is for entirely new property outside of assessment districts. Staff believes that all the industrial developments that are scheduled to develop over the next year have already paid their TransDif fee at $61,200 per acre or less. Therefore, the impact on these industrial properties is $16,400 per acre. FISCAL IMP ACT: The TDIF fee for RFCU has already been paid through assessment district. The SR125 DIF will be $59,040 for 3.6 acres. If the fee is waived for RFCU, the SR- 125 program will be reduced by this amount or the fee would need to be increased by 0.3%. If collection of SR-125 DIF fees is postponed for one year, the remaining fees would need to be increased approximately 8% as shown on Exhibit C. Exhibit C - Exhibit D - Exhibit E - Report to Council 9/27/94 Letters from Rohr Federal Credit Union and Chula Vista Chamber of Commerce Industrial Fee Comparison Chart Chart of Options Ordinances 2579 & 2580 ~o ,JrJ S e-I< ,.lO{ Attachments: Exhibit A - Exhibit B - File No: HX-OOl CST:sb m:\home\engineer\agenda \deffees .cst '''~3f6-'I ~~b 1tIIa ExA/~J I ,1/ COUNCIL AGENDA STATEMENT Item MeetiDI Date 9/Z7I94 ITEM TITLE: Report ~garding the building peunit activity over the past year as it ~1atcs to implementation of Transportation Development Impact Fees SUBMITTED BY: Director of Public Works~' Director of Plsmning . 2'~ t, REVIEWED BY: City Manager (4/5ths Vote: Yes_NoA) Council Referral 112830 In December of 1993 Council adopted an ordinance establishing a fee for Interim SR-125 and also increasing the TransDIF fee which would not become effective until Jan. 1 1995. Staff was directed to return in ten months to advise on the experienced growth mte and whether the fee should be implemented prior to January 1, 1995. While it isn't necessary to raise the fee prior to January 1, 1995, delaying it beyond that date would have negative impacts on the program requiring higher fees for future pennits. RECOMMENDATION: That Council accept the ~rt and leave in place Ordinances 2579 and 2580 which enact the Transportation DIF and SR-125 DIF fees bcgjnning January 1, 1995. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On November 9, 1993, Council held a public hearing ~garding a proposed update to the Transportation Development Impact Fee (J'DIF) and proposed enactment of an interim pre-SR-125 Development Impact Fee (SR125DIF). At that hearing, Council ~ved testimony that the Itatc of the local economy was such that the increased fee would place substantial burden on construetion at a difficult time. The suggestion was made to postpone collection of the new SR125DIF fee and the ~ TOIF fee until January 1, 1995. The suggestion was accepted by Council with the reservation that, if staff saw the developers rushing to obtain pcmrlts befo~ the fee changes became effective, Council might take don to move up the effective date. Council then directed staff to report back in 9 months ~ganiing the building pcnnit activity, and the likelihood that some developers might reach to avoid payment of the fee increase by rushing building pcnnits through before the effective date of change. Auacl1ed is a dwt showing annual ~sidential building pcmUt Ktivity in the eastem tmitories from 1990 through 1993, ad the first half of 1994. Other Imd uses, IDa. as commercial or iDdustrialland uses are Dot included in these statistics, since they are oftallatge projedS that may cmrwhebn statistics ad mask trends. The "Power Center" project, for example, occumd during the slowest portion of the four year study period. As the dwt shows, the level of ~sidcntial construction IICtivity during the early years of the recession averaged 500-600 units per year, until 1992, when IICtivity dropped off substantially. This lower level cmrtinued through early 1993. In the second half of 1993, when the fees were under consideration, activity was just bcgjnning to ~bound. The first half of 1994 saw the issuance of 533 building pcnnits for a projected annual rate of 1,066. This is twice the average for 1990-91, fUUesting that the housing industty is indeed recovering.:: ~ /? :: S , Pale 2, Item Meetin& Date 9/27/94 Staff believes that there is sufficient evidence in these statistics to recommend that the roIF update and interim SR-125 fees be implemented on January 1 as currently enacted. Staff will monitor building permit applications through the next quarter, prior to implementation, and if applications increase substantially, staff will likely return with a recommendation to enact the fees earlier. In November and December 1993, when staff presented the ~ roIF and SR-125 reports, based on effective date of January 1, 1995, staff projected issuance of approximately 1,500 equivalent dwelling units in 1994. This would include commcrcia1fmdustrial uses. Staff believes that, given the estimated 1,066 residential units currently projected and the commcrcia1fmdustrial pemUts issued in 1994, that the actual growth will be very near the projected, and therefore, does not recommend the fonnal process of revising the fees from those currently enacted. FISCAL IMP ACT: The impact of not raising the fees at this time is within the revenue forecast anticipated in December 1993 and, therefore, there is no need to change the fee. The existing TransDIF fee is $3,060 fora single family dwelling. That will increase to $3,998. The Interim SR-125 DIF will be $820 for a single family dwelling. There is no fee now. The following chart shows the new fees and compares them to existing fees. Fee Compuisons Current Fee New New Total Fee Land Use TDIF Fee TDIF Fee SR-125 Single Fam Detached $ 3,060 S 3,998 S 820 S 4,818 Single Fam Attached $ 2,448 $ 3,198 S 656 S 3,854 Multi.Cam Attached $ 1,836 S 2,399 S 492 $ 2,891 Commercial S 122,400 S 99,950 S20,5oo S120,450 lDdustrial S 61,200 S 19,960 S16,4oo S 96,360 Religious S 12,240 S 15,992 SO S 15,992 Golf Course S 2,448 S 3,198 SO S 3,198 Ned Center S198,9OO 1259,810 S53,3oo $113,110 Olympic Training C1Itr S 10,190 S 13,313 SO S 13,3 13 Attachments: Exhibit 1 - Chart of Building Pem1its Exhibit 2 - Impact Fee Report Addendmn Exhibit 3 - 11/9/93 Council minutes (excerpt) Exhibit 4 - Ordinances 2579 " 2580 CST:ab ... No: BY.os' _'t '_' ~>4 ~'alIi' - ~ /~~;; , ' '- " \ Exhi.b,-+ J3 ~ , ,-; r-;,,::_~E :'/::::... P.O. Box 5227 L ~; ',,:- _:: J-<i.- L ',',': , Chula Vista. CA 91912-5227 , . r:: ~, ;.: '. _ _ "...:: ! "" (619) 691-1519 . -,,: . ,~.. t'...... (-/I -. -, FAX (619)420-8462 ~j:: SfP 26 ' . A!J 1/: 42 September 22,1994 Ciullo VISta Director of Public Works Attention: Engineering Department 276 4th Avenue Chula Vista, CA 91910 Dear Mr. Lippitt: Rohr Federal Credit Union is the owner of a 3.5 acre parcel, located across the street from Price Club at 1000 Tierra Del Rey in the Rancho Del Rey business park. Negotiations are underway with potential tenants, and plans are currently being made for development of the site. It has come to our attention that a new fee assessment for the 125 highway extension has been established, applicable for properties being developed with permits procured subsequent to January 1, 1995. The large $20,500 per acre assessment would significantly impact the financial viability of development plans under consideration. It would be particularly onerous considering that all major tenants of the Rancho Del Rey business park. and those with sites currently under construction, do not have to bear such a cost. Selection of potential tenants bears not only on the site development plan, but also the relative success of neighboring businesses. Development of a site plan that will be both attractive and maximize its business potential requires careful thought and time, as well as a lengthy approval process. It is therefore mutually advantageous for the City and RFCU that development not be rushed to avoid this assessment, so that the long-term optimum business usage and resulting tax revenues can be realized, RFCU therefore requests that, for this property, a one year deferral be granted to the date by which the 125 assessment can be avoided through permit procurement. Your careful consideration and approval of this request will be in the best interests of the City. Sincerely, 7!;C~~ . President and CEO c:c: City Engineer, Cliff Swanson Sr. Civil Engineer, Steve Thomas / Special District Engineer, Donna Snider The Mayor of Chula Vista ~ /~--l AN NVESTMENT IN THE FUTURE ~OARD OF DIRECTORS !'re,ldent )iane Flint pre.ldent Elect Jim Weaver Vice Prealdent.: Greg COlC Chris Lewis Mary Ann. Stro Oave Ward Member.: Patricia Barne. Renee Bute Joanne Clayton Steve Collins Robert Garcia Susan Herney eathi Jamison Tim Lewis Tom McAndrew. Scott Mosher Robert Penner, MO Frank Scott Bob Thomas Brad Willon PII1 Prtlldtnt T. Pal elvanaugh Executlv. Dlr.ctor Rod Oavil /' , -. CHULA VISTA CHAMBER OF COMMERCE September 26, 1994 The Honorable Tim Nader Mayor City of Chula Vista and Members of the City Council 276 Fourth A venue Chula Vista, Calif. 91910 Dear Mayor Nader and Members of the City Council: The Chula Vista Chamber of Commerce has reviewed the staff report regarding an ordinance, which establishes a fee for Interim SR 125 and increases the TransDIF. Action on this increase was delayed for one year in recognition of the economic picture at that time. The economy has not in reality improved, but you can not postpone the inevitable for ever. Therefore, the Chamber will make no request regarding this issue except as pertains to the Industrial Segment of the fee schedule. The increase in fees for the Industrial Segment by almost $36,000 would be counter productive to attracting this type of business to Chula Vista. The Industrial Component of the business community is very important. It contributes significantly to area employment, which provides a multiplier effect for the whole area. In the City's master plan, certain areas are set aside for industrial development in recognition of the importance of the Industrial Component to the viability of the City's economic well being. Therefore. the Chamber requests that the Industrial Segment of the new fee schedule be delayed for 1 year during which time a review be conducted 10 determine our competitiveness with other SANDAG members in terms of attracting industry to Chula Vista and that the fee for this component be based on that determination. The remaining fees on the new schedule should not be increased in compensation. Sincerely, Chula VIsta Chamber of Commerce ~t.W~. ;1f:tive Director RFD:ce c:c: John Goss, city manager John Lippitt, director of public works 'm 't'U.' . ACCREDITE' e..u .. ...... ...... " ,.....t. If I., III."" t'" " ~ Ii- -r 2 ,~ F 0 U R T H A V E N U E . C H U L A V I . T A, C. 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I 'C as as cu "C 'C ::)->>>-- "'8 88 ~_ NN _ % Q, Q, % .g. __"C"C __ _....--en........ rI 8. 8. 8..i 8. 8. 1~C>>~>8;; II.;~~ ~~ OCPOas "C :2 :2 5r ~ !~~._,. en cu 0 .!! 51~~8~B Sxh,'oi+ '- CP 0. ::)\ 0 co co i ~ONNC"'> !W~~~ (,) gl ~ !Ir: r: ~ ~ llIoC08....N eW~N~~ ~ ::) 0" Wcp 000 'iiuoooo ~~ N....CO c" ~&! & 11 Cu~oooo " _NC"'> -., !D: c c < Q) Dl ..._ as o :) II> '-0----[5 .,w,...,...,...,...c( .a cocococo_ e'iiOOooas ~_NNNN"C Z 0 'tn I- ::1 ~ 2880 co08 ~~~~ .... .... ... ... .... .... .... .... ,...:,...:,...:,...: .... .... .... .... ~~~~ ~ /rf.-j' ~ ,... C"'> - E t! ~ Cl. &I) N - C"'>ia: ~l~~ D::1i)cCU OCU::10 D::W01- '\ e t! e Q. ! :;: c W '- .e o 'C ! Q) u fI) as ! I II. '- Q) Q.::)\C"'> ;;Oco ow~ U gl .5 fIIl- .5::),... asoC"'> Ew(J) .I - ::)" 0., Wuo -~o !",II) clD- cD: C -S:! '-0- Jw~ e-o :lSN z~ -;0 08 U - .... e- t!~ - e~ Q. '- EXHTRIT D OPTIONS AVAILABLE 1. Postpone industrial component of S&-125 DIF . Requires restructuring of fee distribution . Restructuring should be compatible with TDIF fee distribution - restructure TDIF also . Public hearing required 2. Waive S&-125 fee for RFCU . RFCU should demonstrate unusual circumstance . Impact to fee program minimal . Sets precedence for other requests . Legality questionable - Bruce? . Public Hearing required? 3. Postpone entire SR-125 program . Substantial fmancial impact to program . Benefits some major property owners at the expense of others . Provides unintended benefit to commercial land uses (reduced TDIF not counter balanced by increased SR-125) . Public hearing required 4. Delay entire program . Substantial financial impact to both programs . Public hearing required . Does not provide any additional benefit to requesting parties over Option 3 above 5. Implement fees on January 1, 1995 . No public hearing required CBI':SB 1IIl~~""1J6oJ-- y1/~~/o " ~.l 'i . " \. -'. ' Exhibit f ORDINANCE NO. 2579 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, ESTABLISHING AN INTERIM PRE-SR125 DEVELOPMENT IMPACT FEE TO PAY fOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES WHEREAS, the City's General Plan land Use and Circulation Elements require that adequate, safe transportation facilities be available to accommodate the increased traffic created by new development; and, WHEREAS, the City Council has determined that ,otential delays in the construction of State Route (SR) 125 by CALTRANS or others will adversely impact the City's ability to accommodate said increased traffic; and, WHEREAS, the City Council has determined that new development within the Eastern Territories will create adverse impacts on the City's transportation system which must be mitigated by the financing and construction of certain transportation facilities identified in this Ordinance; and, . . . . WHEREAS, the City Council has determined that a reasonable Ileans of financing the transportation facilities is to levy a fee on all development in the Eastern Territories of the City; and, WHEREAS, the fee has been justified by the financial and engineering study entitled .Interim State Route 125 Facility Feasibility Study. dated May 1993, and prepared by Howard Needles Tammen & Bergendoff. WHEREAS, the financial and engineering study and the City's General Plan show that the transportation network will be adversely i~acted by new development within the Eastern Territories unless new transportation facilities are added to accommodate the new development; and, WHEREAS, the financial and engineering study and the City's General Plan establish that the transportation facilities necessitated by development in the Eastern Territories comprises an integrated network; and, WHEREAS, developers of land within the Eastem Territories should be required to .itigate the burden created by development through the construction of transportation facilities within the boundaries of the development, the construction of those transportation facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards. and the ,ayMnt of a fee to finance the development's portion of the total cost of the transportation network: and. ....EREAS. all developatent within the Eastem Territories contribute to the cumulative burden on the transportation network in direct relationship to the amount of traffic originated by or destined for the development; and, y /1// rdinance No. 2579 aop 2 ( WHEREAS. the amount of traffic generated has been determined based upbn lverage daily trips for various land areas based upon studies conducted by SANDAG :colll1lercial trips being modified to eliminate passerby trips) and verified by the rinancial and engineering study prepared for the purposes of this feei and. WHEREAS. the SANDAG traffic generation determinations have been used by ,umerous public agencies in San Diego County for various purposes. including the ~reparation of General Plan Circulation Elements. the justification of traffic Impact fees. and transportation planning. and have been determined to be a reliable and accepted means of allocating the burden on a transportation network to development to be serviced by the networki and. . WHEREAS. on July 27. 1993. the City Council held a duly noticed ~eting at which oral or written presentations could be aade. and. WHEREAS. the City Council determined based upon the evidence pre~ented at the Ileeting. the City's General Plan and the various reports and other information received by the City Council in the course of its business that imposition of the Interim rre-SR-125 impact fee on all development in the Eastern Territories for which bui ding permits have not yet been issued ;s necessary in order to protect the public safety and welfare and in order to ensore effective i~lementation 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 transportation facilities. NOW. THEREFORE. the City Council of the City of Chula Yista does ordain as follows: SECTION 1: I$tablishment of Fee. (a) An interim pre-SR-125 development impact fee in the amounts set forth in subsection (d) is hereby established to pay for transportation improvements and facilities within the Eastern Territories of the City. The fee shall be paid before the issuance of building permits for each development project within the Eastern Territories of the City. The fees shan 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 various i.provements and facilities identified in this ordinance and to periodically ..ke expenditures from the fund for the purposes set forth herein in accordance with the facnities ,hasing ,lan or capital improvement plan adopted by the City Council. The City Council finds that collection of the fees established by this ordinance at the ti_ of the building ,enait is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for those facilities and to ensure certainty in the capital facilities budgeting for the Eastern Territories. ( ~ /~ ~/--2- " Ordinance No. 2579 Page 3 Said fee shall be in effect commencing January 1. 1995. 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 construction of public illprove1D!nts within subdivisions or developments. (d) The fee for each development shall be calculated at the time of building permit application based upon the following schedule: " (b) (c) ---. ~eveloDment TVDe Single family Detached Dwelling Single family Attached Dwelling Multi-family Dwell ing Commerci a 1 Industrial JransDortat,on Fee S820/Owelling Unit S656/Dwelling Unit S492/Dwelling Unit S20,SOO/Gross Acre S16,400/Gross Acre (e) The City Council shall annually review the amount of the fee. The City Council may adjust the amount of the fee as necessary to reflect changes in the Engineering-News Record Construction Index. the type, size, location or cost of the Transpor~ation f aei 1i ties to be financed by the fee, changes in 1 and use " designations in the City's General Plan, and upon other sound engineering, financing and planning infoT'llltion. Adjustments to the above fee ~y be ~de by resolution amending the Master Fee Schedule. The fees collected shall be used by the City for the following purposes as determined by the City Council: 1. To pay for the construction of facilities by the City, or to reimburse the City for facilities installed by the City with funds from other sources. 2. To reillbune developers who "ave been required' by Section 4(a) of this ordinance to install illprovements that are street facilities and are listed in Section 3. . 3. To reillbune developers who "ave been peT'llitted to install illproVelents pursuant to Section 4(b) of this ordinance. 4. To administer and update the fee ,rogram including retaining consultants to perfo~ engineering of financing studies. .~ /~~!~ r~:~ance No. 2579 i. 4 \ . .' ~ECTION 2: pefi ni t ions. 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 ~an;ng is intended. (a) wBuilding PennitW lleans a pennitnquired by and issued pursuant to the Uniform Building Code as adopted by nference by this City. 0" (b) (c) (d) (e) SECTION 3: ( . -Developer- tneans the owner or developer of a development. wDevelopment Pennit- _ans any discretionary pennit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. -Development Project- or -Development- lIeans any activity described" ;n Section 65927 and 65928 of the State Government Code. (f) -Eastern Territories- tneans that area of the City located between Interstate 805 on the west, the City sphere of influence boundary on the east, Bonita Road on the north, and the alignment of the proposed extension ~f East Orange Avenue on the south, as shown on the Chula Vista General Plan. The property known as Boni ta Gateway loeated at the northeast quadrant of Bonita Road and I-80S intersection is also included. for the purposes of this fee, Eastern Territories shall be further restricted to exclude the following projects: Eastlake Trails Eastlake vistas Eastlake Woods Eastlake Business Park II Bonita Meadows Phases of Salt Creek Ranch exceeding 1043 Equivalent Dwelling Units 'hases of San Miguel Ranch exceeding 1350 Equivalent Dwelling Units -financial and engineering study.: ~ans the -Interi. State Route 125 facility feasibility Study. dated May, 1993, .nd on file in the Office of the City Clerk. }ransDortation Facilities to be Financed bv the Fee. (a) The transportation facilities to be financed by the fee established by this ordinance are: ~ /~~/;/ '- Ordinance No. 2579 Page 5 Segment Sweetwater Road (Bonitl Road to SR-125) 1 Segment Ionitl Road (Sweetwlt.r Road To Sin Miguel Road) 2 Segment Sin Miguel Road (Bonitl Rold to proctor Vlll.y Road) 3 s.gment proctor Vall.y Rold (San Miguel Road to SR-l2S corridor) 4 ~ Segment SR-l2S Corridor (The SR-12S corridor is the right-of-way relln.d through S Eastlake and Salt Creek J) (b) The City Council .ay modify or amend the list of projects in order to maintain compliance with the Circulation Element of the City's General Plan. SECTION 4: DeveloDer Construction of TransDortation faci~ (b) Whenever a developer of a development project would be required by application of City law or poliCY. as a condition . of approval of a development permit to construct or finance the construction of a portion of a transportation facility identified in Section 3 of this ordinance. the City Council may impose' an additional requirement that the development install the improvements with supplemental size. length or capacity in order to ensure efficient and timely construction of the transportation facilities network. If such a requirement is imposed. the City Council shall. in its discretion. enter into a reimbursement agreement with the developer. or give a credit against the fee otherwise levied by this ordinance on the development project. A developer ~y request authorization from the City Council to construct one or ~re of the facilities listed in Section 3. The request shall be ..de in writing to the City Council and shall contain the following info~tional conditions: 1. Detailed description of the project ~th a preliminary cost esti.te. 2. Requirelents of developer: _ ,reparation of ,1ans .nd specifications for approval by the CitYi _ secure and dedicate any right-of..ay Y'equired for the projecti _ secure all nquired ,e1"lllits. . environment.. <a> -/ _ ~ JI //r;' ~:> /~ //' )rdinance No. 2579 ~I". 6 ( clearances necessary for construction of the project; provision of performance bonds; payment of 111 City fees Ind costs. 3. The Ci ty wi 11 not be "spons i b 1 e for Iny of the costs of constructing the project. The developer shall Idvlnce 111 necessary funds to construct the project. .. SECTION 5: This ordinance shall take effect Ind be in full force on the thirtieth day from Ind Ifter its Idoption. Di ( Bruce M. Boogaar City Attorney Approved IS to f ;L)~ Presented by - -. ~ //.'/? . - . . Ordinance Mo~ ~~/~ Page 7 "" p~SSEO, ~PPROVED and ADDP1ED by ~h. tity touncil of ~h. City of thula vista, california, ~his 4th day of January, 1994, by ~h. following yot.: ~lES: Councll..mbers: fox. Horton, MOore, lindone. Mader MOES: tounc;leembers: Mone ABSEN1: touncilmembers: Mone ABS1AIN: tounc;leembers: Mone .\ _f/lbA/ lim Nader. Mayor Al1ESl : , 'I SlA1E Of CALIfORNIA \ tOUN1~ Of SAN DIEGO tl1~ Of CHULA VIS1A I, BeverlY ~. ~uthelet. tity Clerk of the City of Chu'a Vista. california, do hereby certify that the foregoing ordinance Mo. 1579 had its first ~ading on December 7. 1993. and its second ~adin9 and adoption at a ~9ular ..etln9 of said city touncll held on the 4th day of January. 1994. Executed this 4th day of January. 1994. SSe ~ I c.j,,~ 0 a~f& leyerly . Authelet. city clerk - -..... ~ //;,//7 _. .'- Wo ~, .' ... .......... '". ( ORDINANCE NO. 2580 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING ORDINANCE NO. 2251, RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES WHEREAS, in January 1988, the City Council of the City of Chula Vista adopted Ordinance No. 2251 establishing a development i~act fee for transportation facilities"in the City's eastern territories; and, WHEREAS, pursuant to Ordinance No. 2251, the City has connenced the collection of development impact fees to be used to construct transportation facilities to accommodate increased traffic generated by new development within the City's Eastern Territories; and, WHEREAS, pursuant to Section l(c) of Ordinance No. 2251 and California Government Code Sections 66000, et. seq., the City Council has caused a study to be conducted to reanalyze and reevaluate the impacts of development on the transportation system for the City's eastern territories and, to further reanalyze and reevaluate the development impact fee necessary to pay for the transportation facilities which financial and engineering study prepared by City staff, is entitled -Eastern Area Development Impact fees for Streets 1993 Revision- dated July 13, 1993; and, WHEREAS, the financial and engineering study and the City's 6eneral Plan show that the transportation network will be adversely impacted by new development within the eastern territories unless new transportation facilities are added to accommodate the new development; and, WHEREAS, the financial and engineering studies and the City'S 6eneral Plan establish that the transportation facilities necessitated by development in the eastern territories comprise an integrated network; and, WHEREAS, the City Council has deteT'llined that developers of 'and within the Eastern Territory should be nquired to .itigate the burden created by development through the construction of transportation facilities ~thin the boundaries of the development, the construction of those transportation facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards and the payment of a development impact fee to finance the development's portion of the costs of the transportation network; and, " WHEREAS, the City Council hereby dete~ines that the legislative findings and determinations set forth in ~inance Mo. 2251 continue to be true and correct; and, " WHEREAS, on July 27, 1993, the City Council of the City of Chula Vista held a duly noticed ~eting at which oral.or written presentations regarding the development impact fee for the City's eastern territories could be madei and, ~ /J~--/Y ~ .,' . I . '\ lrdi po "'ce No. 2580 lag!. WHEREAS, after consideration of the evidence presented to it including the .Eastern Areas Development Impact Fees for Streets. study the City Council determined that certain amendments to Ordinance No. 2251 are necessary in order to assure that there are suffident funds available to finance the transportation facilities necessary to serve the eastern territories by the development impact fee. and. WHEREAS, the City Council determines, based on the evidence presented at the ~eting, the City's General Plan, and the various reports and information received by the City Council in the ordinary course of its business. that the imposition of traffic impact fees on all development in the eastern. territories for which building permits have not been issued is necessary in order to protect the public health, safety and welfare and in order to assure effective implementation of the City's General Plan. and, WHEREAS, the City Council has determined that the amount of the amended fees levied by this Ordinance does not exceed the estimated cost of providing the transportation facilities. and, WHEREAS, the City Council determines that it is appropriate t~ resolve the fe,e for cOlll1lercial land uses to reflect the fact that .any of the trips as iated with the cOlll1lercial land uses are in fact, trips associated with other lana uses that incorporate an intermedhte stop at a connercial 'and use (passerby trips); and, WHEREAS, it is necessary to ensure. the timely payment of the aDIF program support- cost item, included in Table 2 .Capital Improvement projects - cost estimate sU11I1\ary. of the financial and engineering study to adequately fund ongoing and future administration activities and studies. and, WHEREAS, the City Council recognizes that reduction of trips from conmerchl land uses may place an inordinate burden on conwnercial land uses where IIublic facility assessments have been lllaced on the affected llroperties in anticipation of payment of transportation fees, and IS I result of Slid adjustment, the proposed fees are now lower than the value of the assessments. lOW. THEREFORE, the City Council of the City of Chula vista does ordain as follows: SECTION 1: That the development impact fee schedule set forth in Section l(c) of Ordinance No. 2251 shall be, .-ended on ~anuary I, 1995, to read as follows: ~ /4 ~)<J Ordinance No. 2580 Page 3 ( . ' Devtloament TYD' TrlnsDortltion Fe, Sinale Flmib Detached Dwe11ing $3,81S/Dw.'1ina Unit Sinole Flmily Attached Dwelling $3.0S2/Dwellina Unit Multi-Family Dwe11ino $2,289/Dwel11no Unit Conmercill S9S,375/Gross Acre Industrill $76.300/Gross Acre Religious Institutional S15,260/Gross Acre Golf Course $3,052/Gross Acre Medicll Center S249,t75/Gross Acre The City Council shall It least Innually review the Imount of the fee. The City Council ..ay Idjust the Imount of the fee IS necessary to reflect changes in the Engineering-News Record Construction Index, the type, size, location or cost of the Transportation Facilities to be financed by the fee, changes in land use designations in the City's General Plln, Ind upon other sound engineering, financing Ind planning information. Adjustments to the Ibove fees ..ay be ..de by resolution amending the Master Fee Schedule. SECTION 2: That the definition .Eastern Territories. IS set forth in Section 2e of Ordinance 2251 is amended to read IS follows: SECTION 3: .Eastern Territories. means that Irea of the City located between Interstate 805 on the west, the City'sphere-of-influence boundary on the east, Bonita Road on the north Ind the Ilignment of the proposed extension of East Orange Avenue on the south, IS shown on the ..p entitled .Developable llnd Area (Map 1). of the financill and engineering study. The property known IS Bonita Gateway located It the northeast qUldrlnt of Bonita Road and 1-805 intersection is also included. That the definition of -finlncial and Engineering studies. IS set forth in Section 2f of Ordinlnce No. 2251 is amended to read IS follows: -Finlncil' and engineering studies-: .ans the -Interi. Eastern Area Development IlIpact Fees for Streets. study prepared by George T. Sitnpson Ind Willdan Associltes dated November 1987, the -Eastern Area Development Fees for Streets. study prepared by Willdan Associltes dated November 19, 1990, and the -Elstern Development IlIplct Fees ~ /6/~ ~ ...."" Ordinance No. 2580 Pa". 4 SECTION 4: ". for Streets - 1993 Revisionw study prepared by City staff dated July 13, 1993, which. are on file in the Office of the City Clerkw. That the list of facilities Ind programs set forth in Section 3(a) of the Ordinance No. 2251 is amended to read as follows: The transportation facilities and programs to be financed by the fee established by this Ordinance are: 1.* State Route 125 from San Miguel Road to Telegraph Canyon Road. 2.* State Route 125 from Telegraph Canyon Road to Orange Avenue. 3. Telegraph Canyon Road from Paseo Del Rey to east of Paseo Ladera/north side. 3a. Telegraph Canyon Road at 1-805 interchange/Phase 11. 4.** Telegraph Canyon Road - Phase 1 Rutgers Avenue to . ) Eastlake Boundary. ) 5.** Telegraph Canyon Road - Phase IJ Paseo Ladera to Apache Drive. 6. Telegraph Canon Road - Phase IIJ Apache Drive to Rutgers Avenue. 7. East H Street - I-BOS interchange .odifications. 8.** East H Street from Eastlake Drive to SR-125. 9.** Otay Likes Road from Ca.ino del Cerro Grande to Ridgebaek Road. 10. Otay Lakes Road from Telegraph Canyon Road to East Orange Avenue. 11. Boni ta Road froll Otay ukes ROld to Central Avenue. 12. Bonita Road from Central Avenue to San Miguel Road. 13. San Miguel Road from Bonita Road to SR-125 ~.);;/J-/ Ordinance No. 2580 Page 5 14.** East H Street from State Route 125 to San Miguel Road. 15. Proctor Valley Road (East H Street) from San Miguel Road to Hunte Parkway. 16. Orange Avenue from Oleander Avenue to Sunbow Eastern Boundary. .' 17. Palomar Street from Oleander Avenue to Sunbow Eastern Boundary. 18. ** Telegraph Canyon Road from eastern boundary of EastLake to Hunte Parkway. 19.** EastLake Parkway from Telegraph Canyon Road to EastLake High School southern boundary. 20. Hunte Parkway from Proctor Valley Road to Telegraph Canyon Road. 21.** Hunte Parkway from Telegraph Canyon Road to Club House Drive. 211. Hunte Parkway from Club House Drive to East Orange Avenue. 22. Orange Avenue from EastLake Parkway to Hunte Parkway. 23. . Paseo Ranchero Road to Telegraph Canyon Road to East Orange Avenue. 24. East Orange Avenue from eastern Sun bow Boundary to EastLake Parkway. 25. East Orange Avenue - Modifications. 26. East Palomar Street f~ eastern Sunbow Boundary to Paseo Ranchero. I-80S Interchange 27. East Palomar Street at 1-805 Interchange. . 28. Telegraph Canyon Road fl'Oll Hunte Parkway to Wueste Road. 29. East Orange Avenue from Hunte Parkway to Olympir Training Center. Telegraph Canyo!" Road from SR-125 to EastLake Parkway. ~/t~7 { . 30. ~ - Ord~ ~nce No. 2580 Pa9 SEcn ON 5: SECTION 6: , . ~' \. . -- 31. EastLake Parkway from Fenton Street to Telegraph Canyon Road. . 32. East .HM Street from 1-805 to Hidden Vista Drive 33. Bonita Road at Otay Lakes Road Intersection. 34. Otay Lakes Road at Elmhurst Drive Intersection. 35. East 8H- Street at Otay Lakes Road Intersection. Eastern 36. Traffic Signal Interconnection Territories. 37. EastLake Parkway from EastLake High School Southern Boundary to East Orange Avenue. 38. East -HM Street from Paseo Del Rey to Tierra del Rey. 39. Bonita Road from 1-805 to Plaza Bonita Road. '*project is now included in the interim pre-SR125 transportation facility fee. '**project has been completed. )) PAYMENT OF -DIF PROGRAM SUPPORTM The -DIF Program Support- shall with no exceptions be paid in cash concurrently with the development impact fee at a rate equal to 5% of the total applicable fee. This section shall become effective concurrent with the date the City Council determines the interim Pre-SR125 fee to be effective per Ordinance Ho. 2579. commercial land uses .nth street improvement assessments placed on the property shall be eligible for a Tefund of the amount that the current Transportation Development Fee exceeds the initial value of the assessment placed on the property. Said refund shall be in one of the following fo~s: 1. Credit against paytient of inten. 're-SR125 DIF fees. 2. Reduction in the value of Hen against the property and assessments assoctated with such lien. , j _" ~ /t--c23 SECTI ON 7. EFFECTIVE DATE. Ordinance No. 2580 Page 7 This Ordinance shall become effective 60 days Ifter its Idoption. Presented by Appr ved IS to fo )~ ( Bruce M. Boogaard City Attorney . ~dd-I " Ordinance No. 2580 Pag PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of January, 1994, by the following vote: AYES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None . . , ~~ ;z,~ -- Tim Nader, Mayor ATTEST: ) t . STATE OF CALIFORNIA \ COUNTY OF SAN DIEGO CITY OF CHULA VISTA 1, 'ovorly A. Autholot, City Clork of tho City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2580 had its first ~eading on December 7, 1993, and its second reading and adoption at a ~gular ~eting of said City Council held on the 4th day of January, 1994. SSe Executed this 4th day of January, 1994. .....: -- / _01 / (}, /-2J c COUNCIL AGENDA STATEMENT Item J 7 Meeting Date 12/13/94 ITEM TITLE: Report on Transportation Development Impact Fees for the Telegraph Canyon Shell Auto Care Center SUBMlTIED BY: Director of Public worj-r REVIEWED BY: City Manager~ ~~I (4/5ths Vote: Yes_NoX) In the attached letter Mr. Rod Bisharat, the owner of the Telegraph Canyon Shell Auto Care Center, is asking that the Transportation Development Impact Fee (TDIF) be credited based on their required dedication of an additional 7 feet of right of way. Mr. Bisharat indicates that Shell Oil Company purchased the property for $487,500 and, based on the area of the parcel, indicates that the square foot value of the property is, therefore, $26.50 per square foot. According to his letter, this would give a value of right of way dedication of $27,825. For Council's information the TDIF for the 40 additional trips that would be generated is $12,240. The property is located at the northeast corner of Telegraph Canyon Road at Halecrest Drive. RECOMMENDATION: That Council instruct staff to reply to Mr. Bisharat and inform him that the conditions required for TDIF credit for right-of-way dedication have not been met and that the City cannot give him credit as requested. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In his letter Mr. Bisharat appears to be attributing all of the value created by the purchase of the parcel to the land and none to the improvements. According to the current Tax Assessor's information the value of the property is $212,689, broken down into land value of $100,987 and improvements of $111,702. The Assessor's information was updated in September, 1994 after the date of the purchase by Shell Oil Co. The Assessor's records do indicate Shell Oil Company as the owner. The stated property value also appears to be quite high for a land value in Chula Vista based on staffs information and knowledge on other, previous items. While this creates a discrepancy in the apparent value, if the same percentage of land value to total value (47.5%) that the Assessor indicates is applied to the stated purchase price, the value of land would be $231,562, or $12.38 per square foot. Further, this figure does not take into account the fact that the entire frontage along Telegraph Canyon Road to a depth of nearly 23 feet into the property is encumbered with a large double box culvert to handle Telegraph Canyon Channel flow. The box culvert extends into the property nearly to the gas pumps. Thus, that portion of the property has a much lesser value due to the drainage encumbrance. If a value of 50% of the full value is assumed to take that into account, the actual value of right of way dedicated would be $7,120, far less than the letter indicates. In addition, staff recognized the constraints to the site and only requested the minimal dedication that would allow the road to be widened to the same width in front of the Shell Station as it is 17-) Page 2, Item I 7 Meeting Date 12/13/94 immediately to the east in front of Telegraph Canyon Plaza Shopping Center. Also at Shell's request and in order to reduce the impact on them, the dedication was minimized to provide a lesser sidewalk and parkway width. It should be noted that all of the properties to the east provided the full width of dedication without compensation. Mr. Bisharat's letter also mentions that a similar TDIF credit was allowed for the Otay Lakes Plaza Shopping Center in December, 1991. In that situation the property owner was given a credit towards the TDIF fees for only that portion of the right of way in excess of 10% of the parcel. In the action that approved that credit, Council approved a policy that would allow credit under two circumstances. Those are: 1) for any portion of dedication in excess of 10% of the parcel, and 2) for right-of-way dedication that provides additional right-of-way for turn lanes at intersections that have a width greater than required for the straight segments of a prime arterial (128 foot total right-of-way). In this case, the required dedication of 1,150 square feet is only 6.2% of the 18,698 square foot parcel and only provides for a right-of-way width of 57 feet for the north half of the street. Also, as indicated, the dedication only continues the same width of road that exists to the east and does not provide additional width for turn lanes. Staff has been unable to discuss this with Mr. Bisharat directly, however, we have discussed it with his representative, Mr. Greg Cox. Mr. Cox was given a preliminary copy of staffs draft to discuss with his client. He was asked to provide more specific information on the purchase if staff s information as indicated above is incorrect. FISCAL IMPACT: There will be no direct fiscal impact if staff s recommendation is approved other than Shell Oil Company being required to pay $12,240 in TDIF fees. If Council chooses to give Mr. Bisharat credit for his land dedication the TDIF fund would receive an amount lower than that figure by the amount of credit given. m:\home\engineer\agenda\bishara3.cls 17" ,2. ~ -' .. '^ .... ]Q en II I'll ,. " .... l\ II Ie . II , 'd ~ .. l (0 II II d " H " ,... II ~ I, ... Ir... II H 0 'to Nu IIIW ... 1 I I .. I ~ f'T1 r- f'T1 C> ::0 )> "1J ~ -- -----('5----- ~ Z j Z ::0 o )> o ~. ~~ II " . ....., ~ ...'11". .'~'/f'" tit ""''': _.. .7e.. ..,. UI".... HALECREST DRIVE 11- " .. I ,~._.. . ~. I . I -- I ii~~~ ~" i ,I , I : . : ' · i : .- I I ':OIl . : : ill i · i , il..,I..1 ::. I , ~ :i:: J~~s :: ~ i .~, I "'0""" I I U I . o~ ~ I I ~., : Ii. f : : ~! I I ': r ': , ~ L-----~-~------~l cg f! ... . ~ i i ~ i ! . ''''1111' ~ I' I' II " \I ,I I' II I' II II " II ., lit... ( \I II " II I" II ..~ " :)1 . \I ~ II II , 'I ., 17-J /17-1.} I , , I. '.. h .:-: lilt ,. ,. ~ ".r I. I I t I I I I ~ i l( ell ~ l ! ~ i i . l? j ~ . ~ ~ ~ i : U · . , .~ f n f l! ~ ~~ 5 ". ; .. '" I ~ '" ~: ; '! .. i; f . i II. II. t-, . , I'll' :: ..~ l .. >>,. I << ~~ ~ r ...... J ~~" .. II, i ; i <.n (") o -0 f'T1 o "TJ ~ ;:0 " D~C-13-'9" TU~ 08:23 ID:CITY OF CHULA I.IISTA T~L t-IO:CITY OF CHULA I.IISTA tt328 P02 ~{~ .. OIY OF CHUlA VJSrA DEPARTMENT OF PUBLIC WORKS E:NGINEERINQ DIVISION December 12, 1994 rile # PA-002 Rod Bisharat Telegraph Canyon Shell 501 Telegraph Canyon Road Chula Vista, CA 91910 REQUEST rOR REDUCTION m' SI!:WER CA.PACITY FEES Thi::s i~ in response to your letter rlated November 14, 1994 requesting a reduction of the sewer capac1ty fees to be charqed for your proposed car wash. Our current Maeter Fcc Schedule, which became effective on May 11, 1993, states that automatic car washes with water recycling will be charged for G.S Equ1val~nt Dwelllnq Unlts (EDUs), at. a rate of 265 gpd per ~OU. Theee ratC3 were ba3ed on a study of six car washes in Chula Vista and information provided by City of San Diego and County of San Dit=go staff. Based on the information you have proviaed, your propoaed facility would be clQ~~ified as an automat1c "in-h~y rollover" ear wash with water recycling and would be charged for 6.5 EDUs. General guidelines from the r.~11fornia C.rwashAssociation indicQte that 24 to 45 gallons of water per vehicle washed are consumed in R car wash such as yours, depending on the u~e of recycled water. Recently obtained additional information from the City of San Dicgo InduotriCll Wa::ste ~rogram regCl.,t'uillg the water consumption ot car wa!he~ is that a reasonable estimate for losses due to evaporation a.nd water "carried out" iR nn~ gallon per car. These general figures ouggest thc.t a rea5ondbl~ est1mate or the volume of wastewater discharged to the sewer may be as much a~ 44 gallons per wash, and probably is closer ~o 23 gallons. Wi th the Ii 1spari ty between theee numbers and the informaLioll provided by the manufacturer of your equipment, it is difficult to make a reasonable projection of your actual wastewater discharge prior to constn]~t1on of the car wash. Con3equentl~, we propose that you initially be charged at the rAte specified ~n the Master Fee Schedule ($2,220 per EDU, or ~14,430), and that th1a tee be r~viewed atter one year of operation. If your water consumption during that year, as compared to the water consumption expp.rienced over the year prior to the installation of the car wash, indicates that your discharge is less than the amount of EDUe you paid for in capacity fees, we will 216 FOURTH AveNUElCHULA VISTA. CALIFORNIA ;,010/(81;) 80'.5021 /? -~/ -, J DEC-13-'94 TUE 08:23 ID:CITY OF CHULR UISTR TEL NO:CITY OF CHULR UISTR =328 P03 provide you with a prorated refund. If your consumption indicates that the discharqe to the sewer is qreater than anticipated, you would not be charged additional capacity fees because your original fee was paid at the standard rate. In your letter, you quote the manufacturer's statement that, "If properly applied and balanced, no water will be discharged to the sewer." We understand that some low-volume car washes can oper~te on a zero-discharge basis where the clarifier is regularly pumped out by a liquid waste hauler. However, the information you have submitted does not provide any actual evidence that the recycling system will operate in accordance with the manufacturer's claims. If you intend to operate on a zero discharge basis, your building plans will need to demonstrate that there will be no sewer connection and that all wastewater will be recycled. You may be required to retain your waste hauler receipts as evidence of proper disposal of your wastewater in this instance. Discharginq the wastewater to the street or directly into a storm drain system is prohibited by the Municipal Code. Because of the' likelihood that the recycling system will fail occasionally, this would appear to be an ill-advised design. However, if there is no way that wastewater from the car wash can be discharged to the sewer, you will not be charged sewer capacity fees. Please contact Elizabeth Chopp, Civil Engineer, at 691-5258 if you have any questions regarding this letter. DIRECTORI EMC:rb cc: John Hardesty Alex Saucedo, Building & Housing Dept [HI\HQHt\ENGINlta\SEWtR\REOFt&2.EHCl . , , / ~7~ t-' ,,&- , '/;- ... , ,-,' ",",.. / ,/ /7 RECEIVED November 14, 1994 Telegraph Canyon Shell Auto Care Center 501 Telegraph Canyon Road Chula Vista, CA 91910 "94 fflV 18 A2 :37 1 Honorable Mayor and Members City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 IITY OF CHUL. VISTA .TY CLEftK'S OFFICE C of the City Council Dear Mayor and Councilmembers, The Chula Vista Planning Commission recently approved the Telegraph Canyon Shell's request to install a car wash at our Auto Care Center located at 501 Telegraph Canyon Road. It is anticipated that 40 additional trips per day will be generated as a result of the car wash addition to the Auto Care Center. The balance of car washes will be from current customers. As a condition of the approval, Telegraph Canyon Shell must provide a 7-foot easement to accommodate a future road widening of Telegraph Canyon Road. Shell Oil Company purchased the land in June 1994 for $487,500. Based upon the approximate 18,400 square footage of this site, the cost per square foot was approximately $26.50. The 7-foot easement covers the approximate 150-foot frontage of the property. Consequently, the total square footage provided at no cost to the City would be approximately 1050 square feet. At a value of $26.50 per square foot, the City of Chula Vista would receive $27,825 in land value from our company. The value of this easement is significantly higher than the Transportation Development Impact Fee (TDIF). I therefore request that the TDIF assessment on the Telegraph Canyon Shell be waived. The City Council allowed a similar TDIF credit for the Otay Lakes Plaza Shopping Center in December 1991. Thank you for your consideration. Sincerely, [~.' t3s2E-~71) U~~ V~!111!t1 17--? ~~ ~"-'~. ........~ A.Y"^"~~ )71.yi9~ rOA4.AAtRNICA TE'O~~S I ~ - M-, l5- R.YffA17/8 · /. (y!yfOOC U 1994-0389917 , C,F;~ 17-JUH-1994 03=02 PM R~ REQU!S'.r Oi PlBS! WERIam mmt ,,'~ 2tlJ3l>Ii.IaIQ1i ,MA~PUl 1TIlrP~ 'R'I'IM1iTh~~_- "r .....-.-.. '"., Order No. 1058316-11 . ., Escrow No. l075474G 1073 OFFICIAL RECORDS SAH DIEGO COUHTY RECORDER'S OFFICE GREGORY SnITH, COUHTY RECORDER RF: 4.00 FEES: . AF: 3. 00 AFHF nF: 1.00 UF: 10.00 OC: 20.00 TAX: 536.25 574.25 WHEN RECORDED HAIL TO: r~ :>r~ ' II t ,-' O~ tt SPACE. ABOVE THIS LINE FOR REroRDER I S USE ... ('; () l--\ Vl' ) .~ ~~( ~ 5"~lI" / SHELL OIL COMPANY 511 N. Brookhurst Street Anaheim, CA KAIL TAX STATEHENTS TO: D6cu~ENTARY TRANSFER TAX $ ~3~2,>, -!..Calm\lted.OIl the consideratlon or value of property conveyed; lOR -~~~, on the consideration or value less liens or encumbrances remaining at the time of sale. b~~~"--f ,c'-4-rc-ID Signa~ure of Declarant or Agent determining tax-Firm Name SHELL OIL COMPANY ...., 511 N. "Bt"oo,khutst ,St~et Anaheim, CA . APN:639-080-21 " '.: ~>';,GR,rJjNT . DEED : "1~""'''' ~.~"~f 'W.;"."'t"."," :" .. ," ',.,', r 1<:, .:, :~'('~';~;\;~'~';'J~I"'\\ FOR A VALUABLE.; C~.N~,~D~TIQN ;'~ ~ec~~~:~~~~rchiJsherebY acknowledged, WILLIAM K. SMITH, assucceSSQrTX:\l~t~~,:''fo~ rt:ne, Gu~sie Kettler Trust dated March 21, 1974 ">, " .;. ~ hereby GRANT(S)'to , ' \ '. SHELL OIL COMPANY, a Delaware 'corporatio~ ':' '.\ , ' ~ j ~ '( , the real property in the City of Chul'a'Vi'sta,county of San Diego, State of California, described as: That portion of Quarter SectioD"'88',of.Jtaltcho, ,De La Nadon, according to Map thereof No. 166, filed in the officeof.~he\:c,ou#~y~.~ec.9;;der of said County... AS MORE FULLY DESCRIBED IN 'EXHIBIT "A" ATTACHED \ HERETO'" '. '. DATED: June 7, 1994 STATE OF CALIFORNIA } COONIY OF Or~~ lss <Al UlLne-J q / /qq4- before me, the UDdersigned, a Notary Public in and fer sa.id St.a.t... ~""'.., ,.. ...,~~{c~~s~ /:7 -- ~ " / I . I ;( ,.,.1 . '.~..;' ) 1074 ~A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO; AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF QUARTER S;ECTION 88 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VIST~',' 'COUNT1( OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID CO~TY, DESCRIBED AS FOLLOWS: BEG'INNING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE 9F HALE CREST DRI,VE' AS SHOWN ONHALECREST ESTATES UNIT A, ACCORDING TO MAP, THEREOF' NO. 4'339, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THE NORTHERLY LINE OF TELEGRAPH CANYON ROAD; THENCE ALONG SAID NORTHERLY LINE, EASTERLY ALONG THE ARC OF 3250 FOOT RADIUS CURVE CONCAVE SOUTHERLY '49.60 FEET; THENCE TANGENT TO SAID CURVE SOUTH 73051'30" EAST 8,Q.1rP FEE'r,; THENCE AT RIGHT ANGLES, NORTH 16008'30" EAST 125' FEET NORTH 73051'30" WEST 150 FEET TO POINT IN SAID EASTERLY LINE OFliALECR;S'1' DRIVE; THENCE ALONG SAID EASTERLY LINE, SOUTH 16008'30" WEST"105:'38, FEET TO THE BEGINNING OF A TANGENT 2 0 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 'THENCE SOUTHEASTERLY ALONG SAID CURVE; THENCE AN ANGLE OF 9 0 0 52' 28", A DISTANCE OF 31. 72 FEET TO THE POINT OF BEGINNrNG'~ ' /7-( .- './ ';; FORM ,NO. J.068-2 (REV .7/90) COMMITMENT ORDER NO. 1058316-11 CM SCHEDULE A J.. COMMITMENT DATE: AMENDED'APRIL 20, 1994 JULY J.3, J.993 AT 7:30 A.M. 2. POLICY OR POLICIES TO BE ISSUED: POLICY AMOUNT (A) OWNERS POLICY: EXTENDED COVERAGE PROPOSED INSURED: $500,000.00 SHELL OIL COMPANY, A DELAWARE CORPORATION. 'I II I! (B) LOAN POLI~Y: PROPOSED INSURED: (C) PROPOSED INSURED: 3. FEE INTEREST IN THE LAND DESCRIBED IN THIS COMMITMENT IS OWNED, AT THE COMMITMENT DATE, BY HOWARD K. SMITH, AS TRUSTEE FOR GUSSIE KETTLER. 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) PAGE 2 ) 7 - /0 " ---............ FORM NO. 1068-2 (REV. 7/90) COMMITMENT ORDER NO. 1058316--11 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: I I II ,I I Ii THAT PORTION OF QUARTER SECTION 88 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST.ERLY LINE OF HALECREST DRIVE AS SHOWN ON HALECREST ESTATES UNIT A, ACCORDING TO MAP THEREOF NO. 4339, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THE NORTHERLY LINE OF TELEGRAPH CANYON ROAD; THENCE ALONG SAID NORTHERLY LINE, EASTERLY ALONG THE ARC OF 3250 FOOT RADIUS CURVE CONCAVE SOUTHERLY 49.60 FEET; THENCE TANGENT TO SAID CURVE SOUTH 73051'30" EAST 80.10 FEET; THENCE AT RIGHT ANGLES, NORTH 16008'30" EAST 12,5 FEET NORTH 73051'30" WEST 150 FEET TO POINT IN SAID EASTERLY LINE OF HALECREST DRIVE; THENCE ALONG SAID EASTERLY LINE, SOUTH 16008'30" WEST 105.38 FEET TO THE BEGINNING OF A TANGENT 20 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE; 'lHROUGH AN ANGLE OF 90052'28", A DISTANCE OF 31.72 FEET TO THE POINT OF BEGINNING. PAGE 7 ) 7 --I / ,.. - -... ~j ~Ot/c7IJCC 23$- /7?6 '-'" First American Title Insurance Company 411 IW STREEr · SAN'DlEGO, CAUFORNIA 92101 · (619) 238-1776 ---~'\--- CLOSING STATEMENT BUYER Property: 501 Telegraph Canyon Rd, Chula Vista, CA Closing Date: June 17, 1994 Escrow No. 1075474G Page 1 SHELL OIL COMPANY a Delaware corporation 511 N. Brookhurst Street Anaheim, CA DEBITS: CREDIT: Total Consideration 487,500.00 DEPOSITS: Deposit By: SHELL OIL COMPANY Deposit By: SHELL OIL COMPANY 25,000.00 464,250.00 PRORATIONS: Taxes at S1065.33 per 6 months From 06/17/94 to 07/01/94 82.86 TITLE CHARGES: extented ALTA Record Grant Deed 260.90 38.00 ESCROW FEES: Escrow Fee 1,126.00 Check Herewith Totals 242.24 489,250.00 489,250.00 SAVE FOR INCOME TAX PURPOSES Ii "\ ,,'/'-/ / ~ .. DISTRICT 285 I,SSU!: NO. D.368 (REV. 10-83) LOCATION DATA RECORD EFFECTIVE DATE 06-21-94 TERR. 04 LOCATION WIC 204-1554-0903 DOCUMENT FILE MASTER FILE TAX OFFICE FOLLOW.UP DATE DISTRIB- UTE TO DISTRICT/PLAN:r/DEPT. SOUTHERN CALIFORNIA WESTERN/PROPERTY TAX PAYMENTS OTHER (Specify) CONTRACT SERVICES/AREA ENV. REP. PROPERTY ACCOUNTING REASON ISSUED NEW LOCATION ESTABLISH WIC CHANGE ACTIVITY CANCEL- LATION OTHER (Specify) PROPERTY DATA EXPLANATION PROPERTY PURCHASED I~ FEE. CONTRACT DATA OTHER TERMINATE LEASE AND DISCONTINUE RENT. ,..~ ;It STATUS INDICATOR 'Class of Trade) SVC. STA. CHARACTERISTICS CODE WILLIAM K. SMITH. AS TRUSTEE FOR GUSSIE KETTLER DYES DNO ADDRESS CITY, STATE AND ZIP CODE PAYABLE TO RENTAL FEE RATE PAYABLE TO OTHER PER MONTH YEAR(S) FROM AUTOMATIC TO LEASE/DEED DATE OBLIG. DATE TERM PENALTY PRICE ($) EXPI RES TO RENEW TERM RENTAL DAYS NOTICE OPTIONS NO HOLDOVER TAXES MAX. AMOUNT GREEMENT TERMINATING LEASE DATED 03-21-94. LOSING DATE: 06-20-94. URCHASE PRICE: $487.500. ) ?-/3 OSEE ATTACHED PREPARED BY Orig. Off./Dept. /E SVCS. - A. KIRBY DATE 06-29-94 APPROVALS VERIFIED BY DATE october 3, 1994 File: YS-S99 SUBJECT: Stephen Griffen, Principal Planner Harold aoa.nberg, Traffic Bngin..~ Frank Rivera, Associat.e Traffic Engine.r fkIZ- Proposed Car Wash at Shell Ga. station located at 501 Telegraph Canyon ROad After reviewing the traffic volume. collected recently in the area of Telegraph Canyon Road and Halecrest Drive, I have determined that the adjoining street. will not be .ignificantly impacted by the addition of the propoaed car wash. Halecrest Drive in the vicinity of Telegraph Canyon Road i. a Cla.. 1 collector with a curb to curb width of 64 feet. Telegraph Canyon Road is a six lane Cla.. III collector. The current vehicular count for Telegraph Canyon Road 1s approximately .1080 vehicle. per day. It haa been estimated that an additional 40 trips will be generated by the car wasb. The current levels of .ervice for the intersection of Telegraph Canyon Road and Halecrest Drive are .s follows and liIl11.not change as a reault of this project: A.M. Peak Period B Mid-day Peak Period A P.M. Peak Period sIc TO: VIA: FROM: A level of service analysis was al.o completed for the intersection of Halecrest Drive and Hale street and for the three peak. periods of the day the level of servlce ia at A. The proposed project will also not have a significant impact on the operation of this intersection. Furthermore, recent Growth Management Traffic studies for we.tbOund Telegraph Canyon Road between Halecre.t Drive and Crest Drive show a level of .ervice of C during the A.M., mid-day and '.M. peak" peri048 which i. performing within the City'. traffiC thr.shold standard. I have alao investigated the"on-aite traffic circulation and the proposed car wash entry acces. of approximately 110' will allow about .even vehicles to atack up without blocking the Halecrest Drive entrance to the slt.e. Thla .tacking diatance ahould be adequate for .ost of t.he day ancS shou.ld not po.e a congestion prOblem for Telegraph Canyon Road or Halecrest Drive. The car waah aa proposed along the northerly aide of the exi.ting building is at the preferred location available from a traffic engineering point of view. The long entry acc..s combine4 with another long exit point provides car wash users the opportunity to be .eparate from other non-car wash customer'. vehicles. The ga. dispensing islands should not be adversely affected by thia proposed project. The three driveway. alao help in reducing conqestion and in helping on-aite traffic circulation. ) 7//'/ -... V.J.;,;J ....1 V ..L.lJ";;'lJ .L~J. J. 0; .~" ';'l"_. , -tJ1)l)_ ~{f? ~ --- ~.: ~~- 0lY OF CHUlA. VISfA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION March 2~, ~994 File # ZB-OO~ Tait & Associates 3665 RUffin Road, Suite 230 San Diego, California 92123 Attention: Mr. Mark Hayden ..,,11"""""'" SHELL CARWASH A.r~-~RAPH CANYON ROAD/HALECREST This is in response to your letter dated February ~l, ~.994 concerning requirements which might be placed upon the addition of a cazwash at the subject location. You indicated that dedication of street and drainage easements were understandable. You did, however, indicate that if installation of public improvements were required the project would not be economically feasible. Although the City is allowed by Ordinance to require the dedications and streE?t improvements for proj ects that exceed $20,000 in va1ue, this addition is not anticipated to increase traffic ,so si.gnificantly that your immediate improvements are required. Consequently I we are .willing to limit our requirements at this time to dedication of street and drainage easements and payment of the Transportation Development Impact Fee (Trans DIF) and SR-125 Interim Facilities (SR-125 D~F effective after ~-~-95) . We will, hpwever, require that your. clients execute an agreement reqUiring payment by them for all on site relocation work necessitated 'by the street Widening when it OCCUrs. This would include relocation o~ sigus., private lights, tariks, etc. . Please note tha.t the proj eet will be assessed a Transportation Development Impact Fee of $6,~20.00. There will be no traffic signal fee in that the increase in traffic does not. exceed 20~ of the existing traffic and is exempted in that circumstance. Until such time as a project is Submitted, other potential fees can not be determined. . further questions, please contact Bill UllriCh at WAU:wau (1': \WQQ\~\J1hlC:1:s\mllU.TCR.IW:l') ~ /7--/S ?',7,Q,.,Gil'.U',r""L'T'"'I' ....!:!',-,,.. '.,!"",.~' . OFFICE OF THE MAYOR ~ I 0, TEI.EP"HONE (619) 441.17ee .... .... . ....... .k.,:;. ...._:~~~:: l"~~ ~ .~:..:~~~, .'C...e. ~., 'J '-., .'.:;P, i' ~ ~ : ~"'ft.' -,.j;:r!ie'" ~.~~~~~:;. ....'r ;,r<. I " ,... . ~ . : . I ; .~ ,~'" ..~. ~ f''''*'' }'-... - ~ C;" IT,:( OF: EL'~~.'A':l' 'JON""'-/, ."'.....A":!. " A' '. ~..' ... ~ 4;t.~ ~ ~ "'~._.".. ., if t!',".. .: .:."> ;~'~" ~t.';\ , , ! ".:. : -:.~'iA.. ~- fit: . ..~~1 ~1 ...:"""':1 ....- '.' ....._..~.*'._.,~.. ....J .~ '''.P''~~~~~ti!' ,'~ ' . "~-;~r':;~" "~;~:;/"':'>~~.~~ "~'j:~:\:.,~~;,<'~:}; ~ ". '~,~":':~..~-:~~~'~~:'...:;.J:~': ; :" ~'t~ (;:. ,,~.. ,.~.. ....~...... .. .,." ~O!~;-."t &IJIM~ .. "''1:,,',' {"." A', ...... ",:"~.,,~,,,~,,::'..7~J~(:,"~.~:~"':~~~~~~/' -. ... .... . Oecember 9,' 1994 Mayor susan Golding city of San Diego . 202 "C' Street San Diego, CA 92101 . R Ree;;~ ~ _an Die 0 Wastewater Managem.nt Distriet Dear~n9: Last Wednesday, we met to discuss metropolitan wastewater cost issues. On behalf of the participating aqencies that also attended that meeting let me begin by saying that we greatly appreciated your interest in trying to resolve these complex matters. We too, believe that there is ~ need for our 8gencics to ~ork toward an equitable regional solution for cost distribution of the Clean Water Program. At our meeting, you stated that the city of San Diego faces a cash flow problem for this program and that it is important to resolve these issues quickly. We appreciate the difficult ~ituation that this has created, And ~hQ staffs of 10 of the twelve participating agencies met this morning to review the proposal that you shared with us on Wednesday. As we understand your proposal, our entities' overall billing will be $46,958,374 for F'i 1995 based on the "Cost Comparison Su.nunary." This calculates to a rate of $2,415 per million gallons ("MG"). In May, 1994 your staff provided estimates pursuant to our existing eontract:s that reflected that "contract" charqQc would }...,' $1.667 per Me; ($33,098,477) but that the entities should pay the "fair share" cost of $2,203 per MG ($43,740,818) instead. The startling aspect of the present proposal is that the figures now _provided reflect a total expense of $2,769 per MG which, with your recommendation and the concurrAnC8 of ~h. San Diego city Council, would lower to $2,415 per MG. This results in increases to $54,977,587 and $47,958,374, respectively. Unfortunately, San Diego '5 ljl.i:l'.c (.:uuld uot provide our staffs with Jnore dettlilcd information to better understand the $2,415 figure. In light ot this lack of information, and in recognition or your cash flow problems, our staff representatives agreed to recommend to t'.hAi.r TA5'lpectivQ Councils and Boards that the participatinq agencies agree to pay a billing amount based on the rate of $1,667 per MG. We would pay this amount promptly upon receipt of billing !rom San Diego and tru5t that ~his will help re~olv. the ca~h flow ~ 200 EAST MAIN STREET · EL CAJON. CAL..IF'ORNtA 92020 /7 '- / " \ j j' j ...~- Mayor Susan Golding December 9, 1994 page 2 problem that you mentioned. We recognize that there would remain unresolved cost issues relating to the Metropolitan Wastewater System, therefore, your billing and our payment of this amount would be without prejudice. The participating agencies and the city of San Oiego would retain all of their rights under our current contract agreements to be resolved by negotiation or, if necessary, arbitration. We further would be willing to participate in a forum or mechanism to seriously negotiate allocation of the costs of metropolitan wastewater treatment in order to avoid arbitration. In closing, the agencies wish to resolve the questions of metropolitan wastewater troatmcnt costs in a cooperntive, timely fashion. 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Q (It ... 1\)11\) ~r~S ....,.... lD ~ rfl ~ -llD II) .... - Q (It I\) B UI ~L- ~'r:~ ioeo l:ll:lo ... ... !It - CoI .... Q CoI W -1- ~IU"I ... ~i8~ .....,1_ CD iB'''!!l8 lDCI>- tit lD f: eo io (It '" :r.~ !d Ll5 ? ~II\) ~ (lt2- "T'I en (") > r- -< m > ::c ~ ::j x o c .... r- m Cl > r- ... CC~ CCm U1~ .,,:%1 >~ ::co -Ir- cnc=si:! C=az 3:>~ -I> -(I) s:Z.... )>~~ :cCi)m m:%l -<ZO (")m -<~ (")=1 03: C/)m -IZ (").... o ~ ." > ::c en o z C/) ~ :3 (5 c .... > r- r- ~ t '-\. t ~ t ~ t ~ ~ 1 J -) t:: -,.~ ~ \i \11' t ~\ }! i ' .. " ....... 1 December 9, 1994 MEMO TO: City Councilmembers FROM: SUBJECT: Mayor Shirley Horton COUNCIL AGENDA ITEM #21 B ~ Attached please find the Board of Port Commissioners list and a copy of Proposition J. This information is for the December 13, 1994 Council agenda item #21 B .Council discussion regarding consideration of extension of the current term for Chula Vista's representative to the. San Diego Unified Port District/Setting dates for interviews for Chula Vista representative to the San Diego Unified Port District and Chula Vista City Council". e2/IJ - / BOARD OF PORT COMMISSIONERS CITY LAST NAME FIRST NAME TERMS APPOINTED ENDED COR VESTAL * WALTER A. 06/20/67 01/02/77 COR COHEN (E) BEN 01/03/77 05/14/85 COR SOSNOSKI * HARRY A. 03/04/65 06/06/67 COR SPEER PAULH. 01/11/94 01/02/97 COR BURK RAYMOND W. 05/14/85 01/11/94 CV PENNER ROBERT 04/05/88 01/02/95 CV GLASGOW * JAMES V. 12/01/62 06/16/64 CV CREASER (E) PHIL 01/02/79 04/05/88 CV CAMPBELL (E) c.R. 01/06/64 01/02/79 ill URT ASUN FRANK J. 09/02/92 01/02/95 ill BOWLER * MILES D. 12/26/62 04/29/80 ill SPURCK (E) DANIAL N. 06/02/80 12/31/85 ill PORTWOOD * MILFORD 01/07/86 07/30/92 NC V AN DEVENTER JESS E. 01/12/93 01/02/97 NC RUEHLE (E) LORENZ H. 12/01/62 01/02/81 NC REOPELLE (E) DEL TON C. 03/27/84 01/02/93 NC JAMES * F. GEORGE 01/02/81 03/03/84 SD HOPE, JR. FRANK L. 01/02/73 03/15/77 SD HARTMAN * C.C. OS/21/63 12/31/69 SD LARSEN * C. A. 12/27/62 03/10/70 SD LARSEN (E) W: DANIEL 01/29/85 02/23/93 SD LEYTON * BERNICE 03/15/77 01/02/81 SD MCELFRESH (E) D.D. 12/27/62 03/10/70 SD O'CONNOR MAUREEN 01/06/81 01/28/85 SD FREDMAN MILTON 02/10/70 01/02/73 SD MCDADE 1. MICHAEL 02/23/93 01/02/95 SD RICK (E) WILLIAM B. 02/10/81 02/06/90 SD FURGATCH HARVEY 12/12/68 12/17/74 SD SCHENK LYNNA. 02/20/90 02/23/93 SD SMITH (E) ALOIS E. 12/24/7 4 12/09/80 SD COGGAN B. F. 12/27/62 OS/21/63 SD LEW SUSAN 02/23/93 01/02/97 SD GRAVES CLIFFORD W. 02/20/90 01/02/97 SD WILLIAMS (E) DUDLEY D. 03/1 0/70 01/09/79 SD WOLFSHEIMER (E) LOUISE M. 02/13/79 02/06/90 * - DECEASED E - COMMISSIONER EMERITUS <--2. / jJ ,- c2 B:\(SWM94)\PORT.COM t -0' , '-1) _~-l ! r tsult that of cities in ~ Officer 2 Otfit-er !man Iman \~~\ "\u PROPOSITION J (THIS PRD.l>()SlTlON WIll APPEAR ON THE BALLOT IN THE FOllOWING FORM) PROPOS1ll0lt J: An amendment to the Q\arter of tbt titJ of Chull Vi$ll amendinc Mide VI. Sections 600 Iftd 602 ttlenoof. and repelling Section 603 thereof, delinutin& the advisory nature of bOlrds and c:omm~ons and limitint the terms of members of bOlrds and commissions to two cansecutive terms providing thlt I'" appointment for an unexpired term of less than two fUrs would not count IS I term. and no relppoint. ment would be allowed until the llpse of a two-year interval. --- YES ~\\ ,f)..' NO ~o..\ ~ " ARGUMENT FOR PROPOSITION J Your City Council 'eels that inl municipality IS larae 1$ Chula VISta and one which is uowring so rapidly. thut exists I 'Irae number of hip" qualified and talented people, who are willing and desirous of serving their communitJ on a board or commission of the CitJ in an adviSOll ClPltity to the legislative body. The Ilumber of p~.fSOns who can be requested to ICCtpt such mponsibilitJ Is. however, , often limi1~ by the flet that extremely able persons may be repeatedly reappointed to boards and tOmm~1ions and thus preclude others wIlo may ha1e new thoughts Ind con. cepts to ~ntribute from renderinl such service. By limiting the term of office of members ' of .boltrds and commissioM to two consecutive terms. an obligation Is imposed upon the City Council to seek ollt cjtizens who can bring such new ideas to the City.' . ,,", This (,tarter amendment in no way reflects upon the capabilities of those wIlohm ': sr:rved the City on boards and commissions for many ,ears with great dedication. It d~" hDwever, insure I creater deeree of participation in the democratic 'process In the City' of Chula Vista. The City of San Dieco recently adopted a similar proposallnd seyeral of thee charter cities ttuoUghOllt the state have either already included such Hmitations in their charter or are considerin& such a limitation. · .' ' The City Council requests that JOU support PROPOSITION J to instill a Imter vlior in our 10001lMmment ' VOTE YES ON PROPOSITION J. Thomas D. Hamilton, Mayor Frank A. Scott, Councilman Will T. Hyde, C:>uncilman Lauren I. [adahl, Councilman James E. Hobel, CoUncilman ' , ~'., y-;. ~" ARGUMENT AGAINST PROPOSITION J The members of the variolls commissions in the City of Chula Vista are appointed by the City Council and serve at the Council's pleasure. Commissioners can be appointed or discharged It any time by the City Council It is l'Iot necessary to add additional rules to the City Charter, wilen provislons to Omit Commissioners' time in office is Ilready controlled by the CitJ Council. ' , Standlee McMains 5 c2JiJ-J . . ,/ -10- "hN. lI~w' ('ll...tl")~' of ",\I puhli,' fUI\I)... \...ll\l\~il\~ '" of UHltt'f th~(~~~ uf tilt Ci,y ul' ""Y 'l~lI.t" 11I'p~r"II' ~1' I~f "~:III'Y (~f tllf' Cit\. ~l\'('rHlllrl1t fllHl '.11'1)1...." ,,\1 rUIlII", 1'(lIHlll~ mto 11111 1111Ud" i;, ",udl ~l('fl(Jloitur~ ..'" Hl"r 1M.' ,II.,..i~nlt,..,I b~' ""Mllu' jlm of thl' Ci,y \ 'lIulU'il. lIT,jt IlII ,..uI.1l "'~Ilu'iull llt, IHI"Jlh..l. by ,hI' Cit\' )I"Ultll't'r. ,,,HI ill'c-tJ,"jlliltu('(' wi,h M\1 Clf ,hI' pro\'isioH' (If th(" Stith' CUlls'i'u,ioll "IltIlh'=. Ill""'> of ,It(. ~'"'I', ~'U\'l'ruill~ ,he humllillJr. tll'Jlusi,jllJr "lid to04....urin.: (If publi,' fUlllls; 111111 (i) SUJl('f\'iloi(' tlw kM'pill~~ IIf ,'u'm:1l1 ill\'t'lIl<lrit's IIf KII pro}). l'r'~' (If ,h(' City b~' "II Ci'~' ,I...p"rtlll~'"tt. O{r1I'\'S IIll1l :'~'Il,,'il'''. l~pon ,ht' "ooptioH of tlw "'Uln~(' of lit.h' (jf ,hI' FilllllH'(' Offil'er to Dif't"(:'or of F ilUl 111'1' b~' ,Ill' wh'N of (,hulll Vis'a and Itppro'"ltl b~' tht> H'It'<' l.ll'llislll'UI'(' l\JI(l ,,('r',Hi,'lI,i(\n by th(' S. ('('f<.',,,r~' of S'~l<', lilt J't.ft'f('JIl'('s to ,Ill' Fillllnl'~Oll\CI'r ,,'h('~'"t>r th('~' Sppl'lIr ill th(' Clwrh'r or ,Ilt' Ci,.)' or " III Vititll 6h,,11 be chtUlbP(.'d '0 DirN:tol' or }.'ilHIl1CI.'. ' pnrpo..... ,d' ,.'rlll Ilf It..,,, "i,II'n,d liS ,I pire'II .,'1"111 ' n full "'\'111 II n~' l' rl's"!1 1 \In' il till' ,": Thr IW'III "ions ~hllll ' .J ul." 1", 1 I!, tl\\, '0'111 III nppoinh't! I vitil' fol' 1 la, "ury in 01'l\ rxplrl' 011 " Sl'l', G03, P~OPOSITIO~ J Atll<,nd Ar,idr VI. SC('lion!i 600 I\ud 602 of th~ Chllr,('r of ,he City of Chllla VilOti\ '0 b(' and to r~lld "s follows, ulId rl.'p('ul- iu~ S~liou 603 tlll~r('Of: AUlI'ud ^ J" Ci,y of \ &-e, 602, Appointments; T<,rms, The Dlf'mbers of (,tlelt of "ud1 b()~\rJli or (,ollllllil1oSiou:4 shull b<' Itppointf'd, 8mI slu,n be IiUbjN~t to r('monll. b~' motion of ,he Cit~. t'oundl luloptt'd b)' lit h'sst ,hr~e Mffirmll,in ,"uti's. The tnl'llIb<>rs tberf'Of shll11 It'r"(' for II terlU of four "('elf'" Itnd until th<,ir 1't'l'p<<'C'h'e sUcct'~J'l\ aft' ItJlpoint..<.1 I\n<.1 qUlllifh.d, 1\I('m- bt-rs of ..ueb sd\'ilOOr\' bollrdli uud ('OllllUi",..iou:i "hllll Ill' limi'l.'d to a uUlximum of tw~ (2) eoll",~uti\'l' t('l'ms nud IUl intef\'1I1 of t\\'o (2) )'('3" Illust ptlSS bt>fona 8 pt'rtOOu who hns Sl'r\'ed two (2) ~o5l"Cuth'e t('rm" nut~' b~' ft'8ppointt-uto tlu' \'olllmiSl\ioll upon whicb be hlld sern'd; pru\'id~d, furthl'r, that {or the 81'('. (j 1~, Tht' ('j, requirl'(l'. (It) R,'" thl'reof, 11 rul('s .\1\d (b) lIt-. reli\t in 1 II (c) ~111: (~OnCI'l'l1 j ll: !i<.'l'\'i('(' It i: Mt\1l8l~I'I', (0) RII b~' ordillll to ell rr~' I till' 111 \\'!' assist ill lu' iOlls, S('(,~. GOO. In G('nl.'rnl. Tlwrl' shlt n b(' the bw rali "nd ('OUlllll,..SlOIlS ('II UlI\('rll tl'<l in this Ar,idt' whi<~h 6hll11 111\\'(' ,he POWI'rs llnd dutil'S K('\ forth in 'his Churh'r. Iu ttddition. th<, Ci')' CoulI~.il lIlny Crl'II'(' by ordiluull:(' IHll'h bollnIs or ~lilllmiSl\ious liS, in ih j\lll~lIl<.'II'. lire f('quir"t! llnu may ;!runt '0 tlll'm such POWI'n> IIl1d duties liS are consiliteut wi,h ,ht' provisions of thili Clwl'tt'r, SUi'll bonrds snd comll1i~ionli 81u,U cons\ilt with and II (l\'is(' th(' Mll.)'or, COUlll'il or Cit~' )lltnlt~r ItS Ullt~' bt' pro\'id,'d lwrl'in or in , he ordiuttn~('S Pfitllb1ishing such bol\rds ItUO comllli~iolls, but t1wy slU1\l hl\\'e 110 autborit~' to dirl...:t thl' conduct of llllY depart- 01('ut_ Am(,llIl .' City 0: S('C, 10\1 GI'I\(''', uuu fill' . c2./fj-/j / -11- 1 U ot \I \1!\rt t II ~t"IlI' Y of 1Ij: into hiti ,.t"tO(llu' j,m of 1'''",1. b:' ,he.- .r,,\'isihll"i of ,Y{'rllill~ ,he : a \lCi , IIf x" prop. IIHl ~lZ(,Il,.'i('f;. ,llC' FinlllH't (,hull1 \'istll 'lifh'ali(ln b,' HI lH'" Officl;:- it)' of Chu18 purp""'" (If ,IIi.. ""'r' jon. "" "PIlClill"lIr,,' '" fill ,,\1 \II\1'xpir.'(1 '('rill of h.,...,. HHIll 'W\) (:!l :.,.,,1'1- ill ,luta,j"lI "ha\l lIul 1)1' ,.,11\' "id(',...-d It" " 'l"tlll; hnw1'\'l"r. IIn~' IlI'I,.,il'IlIl'"' '0 flll UI\ '''ll'X' pir"" tfOrm ill f'J;("Mo" or '''"0 (2) yC'.H'" "h~lIl~' c'(l1\si,t.'N.,1 ," Ill' n full 'l"r,". Tht" limi'll,illll" l"'O,'iclc'tl h('r,.il\ "hl\l1 "'" "fTc'(" any l'rMi'l'"'l~' "PltOill"('d n\t'm\~'rs of hCollrd" UII(1 ('(lI111l\i",,,imll~ un,il ,Ill" upirlt,jon of ,Ill" ,{'rm whh'h ,lw:' I'rt"S('ntly POI'tW. Th(' nlC'mbt'Mi fiMit "'l'l'K,ill','t1 hI ~u,.h \"Hcr,ls I1l1l1 comlllis- liioll'" "h,," "'0 "'''AAif~' ,h"'Clloll'l,'"" b~' 10' \lUl' c,.".h lnh'c,.,."il\~ .July 1..' ,11(' ,('rm of 01\(' (1) of ,h{'ir '\\lmlwr ",hull ('xpi,'('. U ,ht" '"t,,1 numbt"r of lH('m~'Mi "f II ~llIr" or ('(llllmiSJoiiul\ '0 hI' appointe'll ('X('t'Nls four (-4). th(' l'11\~ifh'll'ion b~' I'" shnl1l'ro- ,.jdc' fot ,hI' $rroupin~ of ,('rml\ to such .m t'x,,'I\' I1ti is 11<',.('S' sat:' in ort1t't 'ha' ,hI' 't'rm of n' lellst one (1) UH'ulbcr 1\hu11 UJlir~on t'lld\ 8ucl'('t'dill~ .Jul~' 1st. sC'C. 603. E1i~tiug Boards. DELETE. Paol>OSlTIOS K 'hartrr of ,he s, t1ud fl'l)('t11. Am d Artit'lt' VI. S<-e,ion 612. thrr('Of. of 'Ill' ('hurter of the Ci' of Chull\ Vistu to bc.' aud to rl'iHl i\S follows: i1\l\l\('ri\t('(1 in l,i('!' Nt't fllr'" IU\Y ctc>Oi't> b~' judj!tI\(,Il'. ar,' 1 dutil'S leI', :\te . 8Ul.h b\)nrds ~(. t hI' Ml\~'lir. 'n'in or in ,Ill.' -:o'i01\S, bu' t lw~' )f 1m)' d~pilrt. 8('('. G1~. Ch.n Sl'r\'it'l' Commission; Powt>l'S HUll Dutil'S. Tl\(' ('h'i 'Rt'r\'ice Commission shllll hu\'t' tll\' pow~r Bud be requit<'d to: (II) Rt'{-ummt' d to tht' Cit). Council. afh'r II public h(,llrin~ tht'reof. the lido}) '011. ftmt>udm~nt or rt'pC' II 1 of d\'il scr\'ice rul('s aUlI rt'gullltion llot in t'Ouflil't with ,his Artic1r; (b) lIt'ur appl'alft Iln~' Ilt'I'l'OIl in tht" CIIIKSified Ser\'ice rt"ll\,iw '0 any 8usp<,usi ,dl'mo'ion or dismis.'Wil; (e) Makt' Rn~' hl\'('sti~i\ 'ou which it 11Ut)' l'ousid~r dl'siruble l..'Onet'ruin~ th(" ad.ministrlltl 1 of pprso'm~l in tht> munidpul ~l'\'i~ Imd l"t'port its uudiu to the Ci'~' Council 8nd Ci'y Mllnagcar. (d) Such other du,iM> and pow 8S tht' Ci'~' Council mUY. b,' ordinanct' or t'\~olutj()u l'011ft'r u th~ eommis.'\ion iu order t~ CHrr~' out the prindplt"S of d\'il Sl'r .jt'P iu lI{'cordun{'{' with th~ lawt:; of ,he StHtt' of California an this Chllrtrr and to 8SJo\ist iu the implementation of proper em lo~'ee-emplo)'er re- la t iOllS. .il'siOlls l'\lu\ll b<- lUol illll of the I i\'e "oks. TIll? \'('<\rs Hnd until ;IUll 1 ifiMi. 'Ah'm- .,hull Ill' limited I lilt intt'r\'HI of hilS S('r,'ed two 1h(' c'(lIllUliS"iou r, that for the PROPOSITION M Amt'nd Artidt' X. S<-etion 1000 tht'reof, of thl' Ch ter of thenCity of Chula Vistll to be 811d to reud as follows: S~. 1000. Gt>llt't'al )(unidpRI El(.ctiollS. Gt'neral llIunicipHl elt'Ctioi1li for ,lit' ('h'd ion of Conueih 11 Ilnd for such otbt'r purpost.'S as the Ci'~' Cowlcil ma)' prescriti 0<)3 -3 , i 11,\ to