HomeMy WebLinkAboutAgenda Packet 1996/03/05
Tuesday, March 5, 1996
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ADDENDUM
CLOSED SESSION
14. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to
Government Code Section 54956.9
. Christopher vs. the City of Chula Vista.
Tuesday, March 5, 1996
4:00 p.m.
Council Chamhers
Public Services Building
Ret!ular Medinl' of the City of Chula Vista City Council
ADDENDUM
CLOSED SESSION
14. CONFERENCE WITH LEGAL COUNSEL REGARDING ' Existinll litillation pursuant to
Government Code Seetion 54956.9
. Christopher vs. the City of Chula Vista.
Tuesday, March 5, 1996
4:00 p. m.
Council Chambers
Public Services Building
Rel'ular Medin\! of the City of Chula Vista City Council
ADDENDUM
CLOSED SESSION
14. CONFERENCE WITH LEGAL COUNSEL REGARDING ' Existing litigation pursuant to
Government Code Section 54956.9
. Christopher vs. the City of Chula Vista.
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~IINlJTES Of c\ REGULAR ~IEETlNG OF TIlE CITY COUNCIL
Of TilE CITY Of CIIULA VISTA
1996
Council Chambl:fS
Public Services Building
~ :/..... Tuesday, March 5,
..y 4:08 p.m.
CALL,...ro ORDER
1. ROLL CALL:
PRESENT:
Cnllllcilnwmhers Alevy, Moot, Padilla (arrived at 4: 10 p.m.), Rindone, amI
Mayor H\lrton
ALSO PRESENT:
John D. Goss, City Manager; Brw:.:e M. BoogaarJ, City Attorney; and Ikvt:r1y
A. ^uthdd, City Clerk
2. PLEDGE Of ALLEGIANCE TO TilE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: Fehruary 27. 1996
MSC (Alevy/Moot) 10 approve the minutes ul' Fehruary 27, 1996 as prcsented, approved 4,0,1 with Padilla
ahscnl.
4. SPECIAL ORDERS OF TilE DAY
a. Oath of Office: Economic Dev'dopment CommIssion - Mary Wylie (Ex-officio) and Tom Rodrigo (educational
position). The Oath of Olliee \vas allJmnisk'reJ by CIty Clerk Authelt::t to Mary Wylie and Tom Rodflgo.
h. Proclamation thankin~ !\ld\lillin Companil'o,", for their support of Youth Programming. Mayor Pro Tem
Moot presented the prodamalllll1 10 C()nSlanl't~ C]o\'t'f-Rryam rerresl~nting the McMillin Companies.
L'. Proclamation rft'o}.l:nizin~ tht' COIH'air Rt"lTcation Association of General D}'namics Corporation for the
donation of wci~ht equipment and titnl'."is supplil"S. M<lyor Pro Tem Moot presented the procbmation to David
Samudio representlng Dexter Levy, Dlrt'l'1(lr, Convair Recreation A"SOl:latlon.
d. Proclamation rffo~nizin~ David Samudio for his assistant.'e in acquirin~ the donation of wei~ht equipment
and litne.ss suppliL"';. Mayor Pro Tem Moot pn:senled the proclamation to David Samudio.
e, Proclamation.s commendinl! Sid !\lorris, Berlin Bos\,,"'lIrth, Donna Toledo, Dan Beintema, Nadine McGee,
and Jeri Gulbransen for their work with Chula Vista Car~. Mayor Pro T em Moot presented the proclamations.
The Board of Directors of Chula VIsta Cares presenteJ Sid Morris with a "Star" in the constellation Hydra in
ret:ognltion of IllS cleven years of :~ef\'I(e anJ k-<llkrshlfl with Chula Vista Cues,
CONSENT CALENDAR
([km pulled: 5c)
BALANCE Of TilE CONSENT CALENDAR OffERED BY COUNCILMEMBER RINDONE, readinll or
the text was waived, passed and approvl'd unanimously.
5. WRITTEN COM~IUNICATIONS
a, Letter from the Cit}, Attorney stating that Coulll:il did not meet III Closed Session un 2/27/96. It is
recommended that the letter he reL'elv'l~J and fileJ.
b. Lettcr~ of rt.....;il-":nation from: Linda Allen ~ Re.source Con.scrvation Commission; DouJ..:las E. Cochrane -
Board of Elhil'.'i; Charlene Trcs.';)er Child Care COllllllis.'iilln; and Yvunne Apodaca - Tuwn Center
Agenda
-2,
March 5, 1996
CONSENT CALENDAR
(hems 5 through 8)
The staff recommendations regarding the following items listed untler 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 arul
Commission Recommendations arul A ction Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that Council did not meet in Clnsed Session on 2/27/96.
It is recommended that the letter be received and tiled.
b. Letters of resignation from: Linda Allen - Resource Conservation Commission; Douglas E.
Cochrane - Board of Ethics; Charlene Tressler ' Child Care Commission; and Yvonne
Apodaca - Town Center Committee. It is recommended that the resignations be accepted with
regret and the City Clerk he directed to post immediately according to the Maddy Act in the
Clerk's Office and the Puhlic Lihrary.
c. Letter from Jim Baker, President, Friends of the Art" inviting Council to support the first
production of "Dance World" by their endorsement and attendance on 4/27/96 and
requesting the City underwrite production cost",. It is recommended that, in exchange for their
assistance at City sponsored cultural events during the year, $100 he granted from the Council
Contingency Fund to the Friends of the Arts towards their production costs.
d. Letter from Michael Deguzman requesting financial support in attending the "1996
California Teen Leadership Program" at the University of California, Irvine, in June 1996.
It is recommended that the request be denied.
e. Letter from Ron Bolles, Director, Vocal Music Department, Bonita Vista High School,
requesting financial support for the Music Machine to perfonn at this year's Cultural
Exchange Tour in Southern Europe, It is recommended that $500 he authorized from the
Council Contingency Fund to support the Music Machine's performance at the 1996 Cultural
Exchange Tour, in exchange for which they will perform at two City sponsored events during this
calendar year.
6.
ORDINANCE 2652A
AMENDING SECTIONS 5.02.040 AND 5.02.050 OF CHAPTER 5,02 AND
SECTION 5.07.020 OF CHAPTER 5.07 OF THE MUNICIPAL CODE
RELATING TO BUSINESS LICENSE TAXES AND REGULATIONS
(second readim! and adootinnl - This ordinance operates to correct an
unintended omission from a prior version. retaining the requirement that
transient merchants provide suhstantial additional information on the business
hl:ensl;;: application. Staff recommends Council place the ordinance on second
reading and adoption. (City Attorney)
Agenda
,3-
March 5, 1996
7. RESOLUTION ]8223 APPROVING TIlE THREE PARTY AGREEMENT W]TH OTAY
RANCH, L.P., AND REMY, THOMAS AND MOOSE, TO AUTHORIZE
$25,000 IN ADDITIONAL SERVICES TO REVIEW ENVIRONMENTAL
DOCUMENTS AND PROVIDE LEGAL ADVICE TO CITY STAFF,
WAIVING THE CONSULTANT SELECTION PROCESS AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENTS -
The amendment is to retain Remy & Thomas to review environmental
documents for the Sphere of Influence and Annexation Application; SPA Plans
and supporting studies required by the GDP; and processing guidance of all
supporting documents to assure compliance with CEQA and avoid litigation
predicated upon alleged deficiencies in environmental documents or improper
processing of the documents f(Jr the Otay Ranch Project. Staff recommends
approval of the resolution. (Special Planning Projects Manager, Otay Ranch)
8.A. RESOLUTION 18224 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 96,03, EASTLAKE SOUTH GREENS, UNIT
23, On 1/9/96, Council approved the Tentative Suhdivision Map for Tract 96-
03, EastLake South Greens, Unit 23. On 7118/89, Council approved the
Tentative Subdivision Map for Tract 88-8, EastLake Greens. On 8/16/94,
Council approved the amended tentative map for EastLake South Greens,
Tentative Map 88-3A, and imposed additional conditions of approval. The
amendment to the tentative map covers the area south of Clubhouse Drive which
is designated as EastLake South Greens. Staff recommends approval of the
resolutions. (Director of Puhlic Works)
B. RESOLUTION 18225 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR EASTLAKE SOUTH GREENS, UNIT 23
REQUIRING DEVELOPER TO COMPLY WITH CERTAIN
UNFULFILLED CONDITIONS Of RESOLUTIONS NUMBER 15200 AND
]8176 AND AUTHORIZING THE MAYOR TO EXECUTE SAME
* * END OF CONSENT CALENDAR * *
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 jill out the "Request to Speak Forni" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green fornl to speak in favor of the staff recommendation; complete
the pink form to speak in opposition to the staff recommendation.) Comments are limited to jive minutes per
individual.
9.
PUBLIC HEARING
CONSIDERING CHULA VISTA TRANSPORTATION IMPROVEMENT
PROGRAM FOR THE NEXT SEVEN FISCAL YEARS - The San Diego
RTIP is a seven-year program (fiscal years 1996/1997 through 2002/2003) of
proposed major highway, arterial, transit, bikeway, and aviation projects. The
annual development and approval of the RTIP hy SANDAG is a requirement for
the continued receipt of State and Federal transportation project funding. The
"Proposition A TransNet Transportation Improvement Program - Ordinance and
Expenditure Plan" also requires that all proposed pf(~jects funded with TransNet
funds be included in the RTlP. Staff recommends approval of the resolution.
(Director of Puhlic Works)
RESOLUTION 18226 ADOPTING TIlE SEVEN, YEAR TRANSNET LOCAL STREET AND
ROAD PROGRAM OF PROJECTS FOR FISCAL YEARS 1996/1997
THROUGH 2002/2003 AND APPROVING THE SUB MITT AL OF CHULA
VISTA'S TRANSPORTATION ]MPROVEMENT PROGRAM TO THE
SAN DIEGO ASSOCIATION Of GOVERNMENTS (SANDAG) FOR
INCLUSION IN THE REGIONAL TRANSPORT A TION IMPROVEMENT
PROGRAM (RTlP)
Agenda
-4-
March 5, 1996
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council 011 any subject mailer within the
Council'sjurisdiction 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.) /f you wish to
address the Council on such a subject, please complete the yeLlow "Request to Speak Under Oral Communications
Fonn" avaiLnbLe 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.
None suhmitted.
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 staff recommendations 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.
10.
REPORT
PROPOSED CHANGES TO IIANDYTRANS SERVICE AS REQUIRED
BY THE AMERICANS WITH DISABILITIES ACT (ADA) - The current
agreement terminates on 6/30/96 and contains an option to extend the term. The
First Amendment exknds the agreement term to 9/30/97. Staff recommends
approval of the resolution. (Director of Puhlic Works)
RESOLUTION 18227 APPROVING fIRST AMENDMENT TO AGREEMENT WITH
AMERICAN RED CROSS FOR HANDYTRANS OPERATION
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.
OTHER BUSINESS
II. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
12. MA YOR'S REPORTlS)
a. RESOLUTION ]8228 SUPPORTING STATE PROPOSITION 192, THE SEISMIC
RETROfiT BOND ACT Of 1996 - The Legislative Committee
recommends approval of the resolution.
Agenda
-5-
March 5, 1996
13. COUNCIL COMMENTS
Council member Alevv
a. "Fiestas Patrias" Celebration.
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on March 12, 1996
at 6:00 p.m. in the City Council Chambers.
A Joint Meeting of the City Council/Redevelopment Agency will he held immediately following the City Council
Meeting.
*****
CLOSED SESSION
Unless the City AI/orney, 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 of final 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 tenninaled at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and adjournment will not be vitleotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
14. SALE AND DISPOSITION OF REAL PROPERTY - Pursuant to Government Code Section 54956.8
. Marina View Park, "J" Street and Bay Blvd., San Diego Unified Port District, Terms and Price.
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA. WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (lAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
15. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
*****
COUNCIL AGENDA STATEMENT
Item: 'IJ
Meeting Date: 03/05/96
ITEM TITLE:
PROCLAMATION: Thanking McMillin Companies for their support of
Youth Programming in the City of Chula Vista
SUBMITTED BY:
Director of Parks and Recreation
During the 1995 Rancho Del Rey Tour de South County Bike Tour, members of the Chula Vista Youth
Coalition provided youth volunteers to assist with the event. As a result of this community service,
McMillin Companies arranged for the Chula Vista Youth Coalition to be the major beneficiary for funds
raised from the Bike Tour. The $5,000 donation made it possible for the Youth Coalition to provide
supplementary funding to several youth programs in the community.
The funded programs include:
. Chula Vista Youth Chronicle - Youth Newspaper
. Chula Vista Boys & Girls Club - Career Awareness Program
. S.D. Council of Community Clinics - Book Covers
. YMCA, 4-H Club, and the Chula Vista Cluster - Intramural Program
. City of Chula Vista Public Library , Homework/Employment Center
. City of Chula Vista Parks and Recreation, H'uck Fin Program
By the end of September 1996, each of the above recipient 'agencies will provide the Youth Coalition
with a report on their finished project. Included in the report will be a picture history of each project,
which will be shared with the community.
The McMillin Companies is to commended for their outreach to the youth of the community and overall
support to the City of Chula Vista.
The Proclamation will be accepted by Constance Clover-Byram representing the McMillin Companies.
[M:lJlOme\parknec\A113 . McMilln_l13 - 02-1J-96)
~6;/
COUNCIL AGENDA STATEMENT
Item 1<::,.J ~
Meeting Date 03/05/96
ITEM TITLE:
PROCLAMATION: Recognizing the Convair Recreation Association of the
General Dynamics Corporation the donation of weight equipment and fitness
supplies
SUBMITTED BY:
PROCLAMATION: Recognizing Mr. David Samudio for his assistance in
acquiring the donation of weight equipment and fitness supplies
Director of Parks and Recreat~
The Parks and Recreation Department received weight equipment and fitness supplies for the Otay
Gymnasium (Youth and Family Center) from General Dynamics Convair Recreation Association. With
General Dynamics Convair closing, the Convair Recreation Association's physical fitness equipment was
being donated to various organizations throughout San Diego County. The equipment donated to the
Department has an estimated value of $9,300.
The weight equipment and supplies that were donated included:
Olympic Bench Press
10 EZ Bar Curls
13 Barbells 20 Ibs. to 120 Ibs.
Computerized Stair Stepper
Computerized Exercycle
Universal Press Machine with 4 stations
Rubber Floor Mats
Two portable mirrors
The Department appreciates the corporate partnership and the community spirit expressed by the General
Dynamics Convair Recreation Association family in providing this equipment to the Otay neighborhood.
Mr. Dexter Levy, Director of Convair Recreation Association will accept the Proclamation in recognition
of their donation.
The Department appreciates Mr. David Samudio's efforts 'to work with the Department of Parks and
Recreation to enhance the City's facilities through community partnership which enhances the quality of
life for all participants. Mr. David Samudio will accept the Proclamation in recognition of his assistance.
[NETWORK:BM-A13-0tay-February 12, 1996j
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February 29, 1996
SUBJECT:
The Honorable Mayor and city counc~~,A
John D. Goss, city Manage~ ~~\
city council Meeting of March 5,~996
TO:
FROM:
This will transmit the agenda and related materials for the regular
city Council meeting of Tuesday, March 5, 1996. Comments regarding
the Written communications are as follows:
5a. This is a letter from the city Attorney stating that the City
council did not meet in Closed Session on February 27, 1996.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. IT IS RECOMMENDED THAT THE LETTERS OF RESIGNATION FROM LINDA
ALLEN (RESOURCE CONSERVATION COMMISSION), DOUGLAS E. COCHRANE
(BOARD OF ETHICS), CHARLENE TRESSLER (CHILD CARE COMMISSION)
AND YVONNE APODACA (TOWN CENTRE COMMITTEE) BE ACCEPTED WITH
REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY
ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE
PUBLIC LIBRARY.
5c. This is a letter from Jim Baker, President, Friends of the
Arts, inviting Council to endorse and attend the first
production of "Dance World" on April 27, 1996 at the Chapman
Performing Arts Center. They are also requesting that the
city underwrite $400 of the production costs of program and
ticket printing, flyer printing and mailing, and janitorial
costs. council Policy 159-02 provides that the city may
provide funding of programs or activities "deemed to be
beneficial to the interests of the citizens of Chula vista."
IT IS RECOMMENDED THAT, IN EXCHANGE FOR THEIR ASSISTANCE AT
CITY SPONSORED CULTURAL EVENTS DURING THE YEAR, $100 BE
GRANTED FROM THE COUNCIL CONTINGENCY FUND TO THE FRIENDS OF
THE ARTS TOWARDS THEIR PRODUCTION COSTS.
5d. This is a letter from Michael Deguzman requesting financial
support in attending the 1996 California Teen Leadership
Program in Irvine in June. This request does not meet the
criteria specified in Council Policy 159-02 AND THEREFORE IT
IS RECOMMENDED THAT IT BE DENIED.
5e. This is a letter from Ron Bolles, Vocal Music Department at
Bonita vista High School, requesting financial support for the
Music Machine to perform at this year's Cultural Exchange Tour
in Southern Europe. Council Policy 159-02 provides that
"Financial support granted outside of the budget process shall
be the lesser of $500 or the value to the tangible benefit to
be received by the city through funding of the program or
activity or through services to be received in exchange for
said funding. Council may deem by three affirmative votes to
exceed the $500 limit if the value of the benefit is
determined to exceed $500 and therefore an expenditure of a
greater amount would be appropriate." The city council has
traditionally sponsored the Music Machine's attendance at
various cultural exchange tours. In 1995 the Council awarded
them $1,500 towards their Australia/New Zealand tour, in
exchange for performances at three City sponsored events.
This fiscal year the council has already authorized the
expenditure of $500 each for JazzTrax and the Hilltop High
Music Tech Ensemble. Due to fiscal constraints and the number
of requests for funding of this nature, IT IS RECOMMENDED THAT
$500 BE AUTHORIZED FROM THE COUNCIL CONTINGENCY FUND TO
SUPPORT THE MUSIC MACHINE'S PERFORMANCE AT THE 1996 CULTURAL
EXCHANGE TOUR, IN EXCHANGE FOR WHICH THEY WILL PERFORM AT TWO
CITY SPONSORED EVENTS DURING THIS CALENDAR YEAR.
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CITY Of
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
February 28, 1996
The Honorable Mayor and City cou~1fl
Bruce M. Boogaard, City Attorney(~
Report Regarding Actions Taken in Closed Session
for the Meeting of 2/27/96
To:
From:
Re:
The City Attorney hereby reports that the City Council did not meet
in Closed Session on February 27, 1996.
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276 FOURTH AVENUE, CHULA VISTA' CALIFORNIA 91910 . (619) 691,5037 . FAX (619) 585,5612
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25 E. Flower Street, #188
Chula Vista, CA 91910
February 23, 1996
Mayor Shirley Horton
Chula Vista City Council
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Oear Mayor Horton and City Council Members:
Please accept this letter as my formal resignation from the Resource Conservation Commission for the City of Chula
Vista, effective February 26, 1996. I was appointed to the Commission in December 1995, but due to other personal
and professional commitments, I will not be able to complete my appointment to the Commission. I appreciate the
opportunity to I have had to serve on the Commission and have enjoyed working with the other Commissioners and staff
from the City of Chula Vista.
Sinperely",
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Linda Allen
cc: Doug Reid, Planning
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662 rorester I.n.
Bonita. Ca. 91902
'96 FED 26 All:02
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February 22, 1996
Honorahle Mayor Shirley Horton
City of Chula Vista
276 Fourth A venue
CHULA VISTA. CA 91910-2699
Dear Shirley:
I am regretfully tendering my resignation effective immediately as a member of the City of Chula Vista
Board of Ethics. Although I ardently support ethics in government and am very much interested in
participating in the development and enhancement of ethical government, due to the increasing demands of
my employment and what appears to be the possible need for occasional travel and the early afternoon
meeting time of the Board of Ethics, continued participation as a board member is no longer feasible and
would only be selfish of me to deny an opportunity for another qualified person to participate in this
worthwhile activity.
s;~ E, ~
C:C
Chub Vista City Attorney
Honorable Council Members, City of Chula Vista
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February 21, 1996
TO: Vicki Soderquist, Deputy City Clerk
FROM:
Armando Buelna, Assistant to the Mayor and Council
tM
SUBJECT: RESIGNATION FROM THE CHILD CARE COMMISSION
This is to inform you that due to conflicts with her work schedule, Charlene Tressler
has verbally resigned from the Child Care Commission. Please place this item on the
next available agenda to allow the City Council to formally accept her resignation.
ab
cc: Bob Morris, Child Care Commission Staff Liaison
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'96 FEB 28 fllO :43
IIJ. Of l;HUl.A VIS,',
- et..S OFfICI:
FEBRUARY 27, 1996
MAYOR SHIRLEY HORTON
FOURTH AVENUE
CHULA VISTA, CA. 91910
RE: TOWN CENTER COMMITTEE
DEAR SHIRLEY,
PLEASE ACCEPT MY RESIGNATION FROM TOWN CENTER COMMITTEE,
EFFECTIVE IMMEDIATELY. I WILL BE RELOCATING BASKETS BAGS
& TINS TO HORTON PLAZA THE GASLAMP DISTRICT.
LEAVING DOWNTOWN CHULA VISTA WAS NOT AN EASY DECISION. MY
THREE YEARS IN THE AREA HAVE BEEN BOTH PERSONALLY AND
PROFESSIONALLY REWARDING , AND I APPRECIATE THE INTEREST
YOU HAVE SHOWN IN BASKETS BAGS & TINS AND CHULA VISTA
DOWNTOWN SINCE MY MOVE FROM A GARAGE. I WISH YOU AND
CHULA VISTA DOWNTOWN THE BEST FOR THE FUTURE, I WILL
ALWAYS BE PROUD TO SAY MY FIRST STORE OPENED IN DOWNTOWN
CHULA VISTA.
THANK YOU AGAIN,
BEST REGARDS"
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YVONNE APODACA
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779 THIRD AVENUE
CHULA VISTA CA 91910
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~ February 26, 1996
Mayor Horton and Councilmembers,
Friends of the Arts wishes to extend our heartfelt thanks to the City ofChula Vista
tor your cooperation in producing Dance World, our upcoming concert. With the help of
the Parks and Recreation Department and in collaboration with the Sweetwater High
School District, the Dance World concel1 will be given in the Ruth French Chapman
Performing Arts Centcr on April 27, 1996.
Thc concert highlights the professional companies ofSamahan Philippine Dance
Company performing dances of the Southem Philippines, Danza Mexi'cayotl sharing
dances of the ancient Aztecs and T onanzin offering tradition folk dances of Mexico. In
keeping with the Friends of the Arts' philosophy of supporting our home town artists
whenever possible, each of these three professional groups calls Chula Vista home.
Also in keeping with our mission of developing audiences and educating the
public, ticket prices will be kept at a very low $5.00. We hope this will encourage family
turnout and facilitate attendance by high school aged audience.
We invite the Council to support our first production with your endorsement and
attendance on April 27th. We request that the City underwrite $400 of the production
costs of program and ticket printing, flyer printing and mailing, and janitorial costs. We
understand that Council Policy 159-02, Funding of Private Organizations or Individuals
may enable this suppOl1. The Friends, with their membership of over 100, will continue
to support with endless volunteer hours the City's
Jim Bak r, President
Friends of the Arts
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My name is Michael Deguzman, and I attend Bonita Vista High School as ajunior. I have
been selected to join other high school students from throughout California to compete for a $1 ,000
scholarship to the college of my choice. The three day leadership conference will be held at
University of California, Irvine. We will hear from many interesting people who are the leaders of
today and make friends with our peers, the leaders of tomorrow. In addition to hearing from
educational and motivational speakers, we will also participate in team building activities, athletic
activities, interviews, an essay contest and a talent show.
It would be a great honor to have the city's sponsorship and support for this event. The
total sponsorship needed is $345. This will cover lodging, meals, special activities, speakers,
postage, printing, judges, campus facilities, etc. I know times are hard so any amount will help,
whether it's $5.00 or $100.00. The California Teen Leadership Program is a non-profit
organization and your donation is tax-deductible. Sponsor's names will be sent to local
newspapers as well as appear in the Souvenir Program Book.
Please make checks payable to the California Teen Leadership Program and return them
to me by February 28, 1996 with the enclosed form as soon as possible. I will obtain a receipt for
you atthe program.
~ ~fhank you for your time and supportl
FFij I~
Dear Ms. Shirley Horton,
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Sincerely,
J
Michael Deguzman
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Dear Potential Sponsor:
The Ca!(fornia Teen Leadership Program is proud to announce that:
Michael DeGuzman
representing Bonila Vista High
and the community of Chula Vista
has been selected as a state participant in the 1996 California Teen Leadership Program. He
will represent his community in the three day event at University of California, Irvine, June 27
, June 30, 1996.
TIle California Teen Leadership Program is a non,profit 501(c)(3) organization, which seeks
to recognize the achievements of the state's outstanding male and female high school students.
Program participants are individuals who are outstanding in leadership and who have also
made a meaningful contribution to their school and community. The California Teen
Leadership Program scholarships are awarded on the basis of Scholastic Average, Community
Service, Extra,Curricular Achievement, Athletic Record, teen,image and personality.
We strive to create an outstanding social development program tllat truly evolves into an
academy of achievers. Our participants are a positive influence and ideal role models for all
young people.
Less than 5% of California's young men and women are invited to apply and only 40% of the
applicants become state participants. The student named above has attached a list of his
accomplishments for your perusal and agrees to pro',dde you \vith a receipt from his
attendance at our 1996 conference.
We feel this young leader will do an excellent job representing your community. Your
support of his attendance at this state scholarship event is truly appreciated.
Sincerely,
CI"j/C'
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Laura Hellenthal
State Director
.5'-1--.2. /5d - :3
Michael C. Deguzman
. Chula Vista CA 91910
. D.O.B.: 10-25,79
Bonita Vista High School (CEEB: 050572).751 Otay Lakes Road. Chula Vista CA 91913. (619) 691-5750
Academics Grade Point Average: 4.33
Ranked 31 out of 544 students
Full International Baccalaureate Diploma Candidate
California Scholarship Federation Member
San Diego County Science Olympiad participant
Awards and Honors Mapandan Association of San Diego County Outstanding Scholar
Outstanding French student
Who's Who Among American High School Students honoree
Scholarship and Citizenship Honor Roll
Presidential Fitness award
Perfect Attendance award
Leadership Editor-in-chief of Bonita Vista High School literary magazine
Vice-president of Film Society
Organized FilmsFest, a school district film-making competition
Freedoms Foundation of San Diego County seminar attendee
Corpus Christi Catholic Church Youth Group member
Running Club member
Class of 1997 Task Force member
Service Club member
Octagon Club member
Activities and Ath!etics Varsity Cross Country
Big Bear Mountain Cross Country Camp
Foot Locker Cross Country West Regional race participant
Varsity Track and Field
Received Kenpo karate instruction
Founder/Coordinator of BearNet California mail network
Ran Dark Alleys electronic bulletin board system
Programming ziBBS bulletin board software
Alpha tester for Solar Realms Software Company
Occasional contributing writer to ComputorEdge Magazine
Tutored displaced children and orphans
School cleanup participant
5~Jf
BONITA VISTA HIGH SCHOOL
VOCAL MUSIC DEPARTMENT
MADRIGALS
LADYTONES
BARONTONES
THE BARON CONCERT CHOIR
RON BOLLES & MtCHELLE TOLVO.. DIRECTORS
REINA BOLLES, CHOREOGRAPHER
THE MUSIC MACHINE
THE SOUND UNLIMITED
(619) 421-9730
FAX (619) 421-6555
751 OTAY LAKES ROAD
CHULA VISTA, CA 91913-2005
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WE NEED YOUR HELP! THE MUSIC MACHINE of Bonita Vista High School in Chula vt;j;i,~'calif~ia is a
50 member song and dance troupe. As indicated on their enclosed photo/resume, they have represented their
community and state in numerous national and international events. As a result of their strong performance tradition
and competitive successes over the past 19 years, (184 competition awards!), they have moved from being the focal
point of their small community to a position of worldwide recognition. In recent years, they have received numerous
invitations from organizations around the world wishing to foster a cultural exchange with this fine troupe.
Chula Vista City Council
276 Fourth Avenue
Chula Vista, CA 91910
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Using music as the universal language, these culturally diverse young ambassadors have touched the hearts
of people in ten different countries. The mayor of Meersen, Holland recently had this to say about The Music
Machine: "Your President Clinton recently nominated Mr. Terry Dornbush as his ambassador to the
Netherlands. Properly speaking, there was no great need to do so, because you, THE MUSIC MACHINE,
ARE THE BEST AMBASSADORS MR. CLINTON HAS/"
This year alone The Music Machine's international involvement will find them visiting with sister
schools in Italy, Hungary, and Austria! More and more they find themselves the focus of a global village united in
song. The awareness and understanding fostered by these exchanges has created an attitude of global citizenship
in these young performers. The Music Machine has shared the music and spirit of America on four continents in the
past four years'
The group must entirely finance their travel expenses through fundraising efforts. THEY MUST RAISE $100,000
FOR THIS YEAR'S CULTURAL EXCHANGE TOUR TO SOUTHERN EUROPE. A variety of fund-raisers and
parental pledges have raised approximately 213 of this goal. Consequently, members of The Music Machine have
turned to potential corporations, community organizations, and personal benefactors who might provide assistance in
helping the troupe attain its goal
If you have had the pleasure of seeing them in action, I am sure you will agree that THE MUSIC MACHINE
REPRESENTS WHAT'S RIGHT WITH AMERICA'S YOUTH! More importantly, they are dedicated to
continuing to serve as musical ambassadors through international cultural exchange tours. To that end we
are requesting that you consider making a donation. Your contribution can help make their dream come true/
PLEASE USE THE ENCLOSED DONATION CATEGORIES AS A GUIDELINE TO PROVIDE WHATEVER
SUPPORT YOU CAN!
THANK YOU FOR YOUR HELP/ If you have any questions, please feel free to contact us at the numbers
found in our letterhead above.
i'c-.
Sincerely,
lhc ~~.
Ron B?"es, Dire,ctor /.)
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THE MUSIC MACHINE
nONATWN CA'Jl:aOll'LD
PLEASE HELP US RAISE FUNDS FOR OUR
CUL TURAL EXCHANGE TOURING EXPENSES!
THE BONITA VISTA HIGH SCHOOL MUSIC MACHINE BOOSTER CLUB IS A NON,PROFIT CORPORATION.
DONATIONS OF ANY TYPE AND QUANTITY ARE GREATLY APPRECIATED.
DONORS ARE LISTED tN OUR PROGRAMS ACCORDING TO THE FOLLOWING CATEGORIES:
CONTRIBUTOR
$25, $99
DONOR
$100, $499
SPONSOR
$500, $999
PATRON
$1000, $4999
ANGEL
$5000 AND UP
PLEASE MAKE CHECKS PAYABLE TO "MUSIC MACHINE BOOSTERS" AND SEND TO:
MUSIC MACHINE BOOSTERS
BONITA VISTA HIGH SCHOOL
751 OTAY LAKES ROAD
CHULA VISTA, CALIFORNIA 91913,2005
IF YOU HAVE ANY QUESTIONS, OR WOULD PREFER TO DONATE A GIFT, PRODUCT, AND/OR SERVICE,
PLEASE CONTACT ONE OF THE FOLLOWING:
ROWENA BELL
BOOSTER CLUB PRESIDENT
421,6761
PATSY JEZAK
BOOSTER CLUB VICE,PRESIDENT
421,9476
RON BOLLES
VOCAL MUSIC DIRECTOR
421,9730
THANK YOU HELPING TO MAKE OUR DREAMS COME TRUEI
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Council Agenda statement
Item: t .
Meeting Date: Februar~ ~~;~
Item Title: Ordinance 2652A: Amending section 5.07.020 to enable
the city council to abate the
Business License Tax rates in one-
year increments for up to three'
calendar years, and amenl'li.;og
sections 5.02.040 and 5.02.0~(}"'to
make administrative chang~~0~b make
the CVMC consistent ~~~';"<existing
procedures for proct.~g business
license applicatio~;:
submitted by: Bruce M. Boogaard, city Atto;~ey ~
Agenda Classification: (X) Consent
( ) Action Item
( ) Public Hearing
( ) Other:
4j5ths Vote: ( ) Yes (X) No
This ordinance operates to correct an unintended omission from a
prior version, retaining the requirement that transient merchants
provide substantial additional information on the business license
application.
RECOMMENDATION:
That Council place the Ordinance on first reading and schedule its
second reading at the next meeting.
DISCUSSION:
At the Council meeting of November 21, 1995, the Council adopted
Ordinance 2652 which, in part, amended section 5.02.040 to require
greater information on a business license application than merely
the name of the owner of the business or enterprise.
A copy of Ordinance 2652 in the form as it was presented to the
Council for second reading on that date is attached hereto as
Exhibit "A".
section 5.02.040, prior to the amendment by Ordinance
with a Subparagraph E dealing with substantial
information required on a business license application
2652, read
additional
for a
~.I
Page 2,
Meeting Date:
Itemk
2/27/96
solicitor, peddler or transient merchant as shown on the attached
Exhibit "B".
staff did not intend to omit subparagraph E when presenting it to
the council for amendment. It was their desire and intention to
leave subparagraph E intact thereby continuing the requirement that
door to' door peddlers provide substantial additional information on
their business license application. Their only intent was
requiring additional information on a normal business license
application.
Normally, typographical and clerical errors can be corrected
administratively. However, we are not sure that the Council did
not see the way subsection E, read prior to Ordinance 2652 and
approved it relying on the fact that Subsection E was omitted and
in furtherance of a policy choice that door-to-door merchants
should not be required to provide additional information. Staff
can't be sure and the ambiguity remOves the item from the arena of
a typographical or clerical mistake to something of greater
substance.
As such, staff does not have the power administratively to correct
the omission and the conservative course would be to have Council
readopt Ordinance 2652 in a revised fashion clearly expressing
their intent that door to door peddlers provide the same additional
information on their business license application that they have
had to provide all along.
Therefore, we are offering a new ordinance 2652A which is marked
for revisions from the prior Ordinance 2652 and which essentially
adds back the pre-existing subparagraph E relating to the
additional information required of a transient merchant.
FISCAL IMPACT:
In the absence of making this correction,
peddlers and other transient merchants would
not have to provide as much detail on their
business license application which could
concei vably reduce processing costs in the
Finance Department. However, since this is
for all intents and purposes, a clerical
correction, it is the author I s opinion that
the Fiscal Impact is negligible.
t,.;J.,
ORDINANCE NO. 2652A
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTIONS 5.02.040 AND 5.02.050 OF
<'\
CHAPTER 5.02 AND SECTION 5.07.020 OF CHAPTER .<:~
\"
5.07 OF THE CHULA VISTA MUNICIPAL CODE.,
RELATING TO BUSINESS LICENSE TAXES ANQ<:}'
REGULATIONS (:~)'
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SECTION I: That sections 5.02. 0456';.;Yand 5.02 050 of
Chapter 5.02 and section 5.07.020 of Chapter 5.07 of the Chula
vista Municipal Code are hereby amended to read as follows:
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5.02.040 Application-contents required-Investigation Feels).
Before any license is issued to any person, such person shall
make written application therefore to the finance officer of the
city. Such application shall:
A. State the nature or kind of business or enterprise for which
the license is required;
B. State the place where such business or enterprise will be
transacted or carried oni
C. State the following:
1. The name and address of the owner of the business or
enterprise,
2. The ownership classification: sole proprietorship,
partnership or coproration and the federal tax
identification number of the business,
3. The date business commenced in the City of Chula vista,
4. The number of persons employed by the business,
5. State license number(s) and State of California resale
number of the business or person conducting the business.
D. Be signed by the applicant;
~ Shall contain. when intended as an application for a license
as a solicitor. peddler or transient merchant. the followinq
information:
~ Physical description of applicant.
~ Complete permanent home and local address of the
applicant.
t,-J
:L. If employed. the name and address of the employer.
toqether with credentia Is therefrom establishinq the
exact relationship.
~ The source of supplY of the qoods or property or property
~osed to be sold. or orders taken for the sale
thereof. where such qoods or products are located at the
time such application is filed. and the proposed method
of delivery.
~Two copies of a recent photoqraph of the applicant. such
picture beinq approximately two inches bY two inches and
showinq the head and shoulders of the applicant in a
clear and distinquishinq manner.
~ A statement as to whether or not the applicant has eyer
been convicted of anY felony and if so the nature of the
offense.
~ The last cities. not to exceed three. where applicant
carried on business immediatelY precedinq the date of
application and the addresses from which such business
was conducted in those cities.
.!L.. At the time of f ilino the application. the Required
Feels) shall be paid to the director of finance to cover
the cost of investiqation of the facts stated therein.
~ Where a written order or contract is used. the applicant
shall attach to the application one COPY of the proposed
form of all such orders or contracts to be used or
submitted to purchasers or prospective purchasers within
the citv.
~ At the time such application is filed. the applicant
shall furnish his finoerprints to the police department
of this city.
5.02.050 Issuance-prerequisites and procedure generally.
Upon application therefor as provided in this chapter, it
shall be the duty of the finance officer to prepare and issue a
license pursuant to this chapter; provided however. that the
finance officer shall not issue any such license until it has been
noted on the application therefor that the location of the proposed
business has been reviewed by both the fire department and the
planning department and any other department deemed appropriate by
the finance director, and has been approved in accordance with the
provisions of the building code, the zoning ordinance and any other
applicable code.
5.07.020 Applicable ta~ rates - by year.
to-'!
~ 1991 Calendar vear rates.
Effecti ve Januarv 1.
shall be those rates
section 5.07.030. in
1/1/91 - 12/31/91".
1991. the business license tax rates
detailed in the Master Tax Schedule.
the column thereof labeled "Tax Rate:
~ 1992 Calendar year rates.
Effecti ve Januarv 1.
shall be those rates
section 5.07.030. in
1/1/92 - 12/31/92".
1992. the business license tax rates
detailed in the Master Tax Schedule.
the column thereof labeled "Tax Rate:
~ 1993 Calendar year rates.
Effective Januarv 1.
shall be those rates
section 5.07.030. in
1/1/93 - 12131/930.
1993. the business license tax rates
detailed in the Master Tax Schedule.
the column thereof labeled "Tax Rate:
~ 1994 and Subsequent Calendar Year Rates.
Effective Januarv 1. 1994. and for each calendar year
thereafter. all tax rates for the cateqories of taxpayers
detailed in the Master Tax Schedule. includinq both base tax
rates and add-on tax rates (e.q.. rates per person.
per-machine. etc.) shall be increased bv six (6%) percent per
year above the tax rates and add-on rates applicable in the
precedinG year.
E. Power to Abate in 1992 and thereafter to 1991 floor.
Notwithstanding anything else to the contrary in this section
contained, commencing for the 1992 calendar year and
continuing thereafter, the City Council is hereby authorized
for no more than one calendar year, but is not required, to
lower the tax imposed by this section but to no less than
taxes imposed in the 1991 calendar year.
~ Procedure to Abate.
To lower the tax authorized bY this section. the City Council
shall conduct a public hearinq at which it publiclY
deliberates on the advisability of doinq so. notice which
public hearinq is published in a newspaper of qeneral
circulation at least twice not sooner than 20 days and not
later than 5 days prior thereto. of its intent to deliberate
upon said matter. Failure to publish notice of the public
hearinq. as herein required. shall not affect the riGht of the
City Council to conduct the public hearinq and to reduce the
authorized annual rate of increase as herein imposed.
t,..r
~ Nothinq contaiD:;9-~_this section shall affect the effective
date of this on.li::'dnc"!.
SECTION
force on the
adoption
/
II: This ordlnance shall take effect and be in full
thirtieth day from and after its second reading and
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by
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t:XHIBIT "B"
5.02.020 Required,Exemptions.
It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for
any other person, within the corporate limits of the city to transact, engage in. or carry on any business,
show, exhibition or game hereinafter specified without first having procured a license therefor, as in this title
and Sections 8.20.020 and 9.13.030 required; provided however, that insurance salesmen and brokers are
not required to obtain a business license by virtue oflawful exemption from such provisions and further they
shall not be required to obtain a solicitor's identification card as set forth in this chapter. (Ord. 2537 ~1
(part), 1992; Ord. 1801 ~1 (part), 1978; Ord. 1243 ~1 (part), 1969; prior code ~18.2).
5.02.030 Separate license for each place of business,Scope-Exceptions.
A separate license shall be obtained for each separate business, or each branch establishment or
separate place of business in which a business, show, exhibition or game is transacted, conducted or canied
on, and shall authorize the licensee to transact, conduct or carry on only that business, show, exhibition or
game described in such license. Any person conducting more than one business in the same storeroom shall
not be required to pay more than one license tax; provided further, that such additional business so
conducted by him shall be one that is ordinarily and customarily conducted in connection with such other
business. (Ord. 1801 ~1 (part), 1978; prior code ~18.3).
5,02,040 Application-Contents required-Investigation Fee(s).
Before any license is issued to any person, such person shall make wrinen application therefore to the
finance officer of the city. Such a;oplication shall:
A. State the nature or kind of business or enterprise for which the license is required;
B. State the place where such business or enterprise will be transacted or carried on;
C. State the name of the owner of the business or enterprise;
D. Be signed by the applicant;
E. Shall contain, when intended as an application for a license as a solicitor, peddler or transient
merchant, the following information:
1. Physical description of applicant,
2. Complere permanent home and local address of the applicant,
3. If employed, the name and address of the employer, together with credentials therefrom
establishing the exact relationship,
4. The source of supply of the goods or property or property proposed to be sold, or orders taken
for the sale thereof, where such goods or products are located at the time such application is
fUed, and the proposed method of delivety,
5. Two copies of a recent photograph of the applicant, such picture being approximately two inches
by two inches and showing the head and shoulders of the applicant in a clear and distinguishing
manner,
279
~....?
(R 12/94)
6. A statement as to whether or not the applicant has ever been convicted of any felon)' "t,,' if <0
the nature of the offense,
7. The last cities, not to exceed three, where applicant carried on business immediately pr~cedi~g- .
the date of application and the addresses from which such business was conducted in t~ose ciues,
8. At the time of filing the application, the Required Fee(s) shall be paid to t!,e director of fILaDce :
to cover the cost of investigation of the facts stated therein,
9. Where a written order or contract is used, the applicant shall attach to the application one copy
of the proposed form of all such orders or contracts tei be used or submitted to purchasers or
prospective purchasers within the city,
10. At the time such application is filed, the applicant shall furnish his fingerprints to the police
department of this city.
(Ord. 2537 ~1 (part), 1992; Ord. 2506 ~1 (part), 1992; Ord. 2408 ~1 (part) 1990; Ord. 1801 ~1 (part),
1978; Ord. 970 ~1 (part), 1966; prior code ~18.4).
5.02.050 Issuance-Prerequisites and procedure generally,
Upon application therefor as provided in this chapter, it shall be the duty of the finance officer to
prepare and issue a license pursuant to this chapter; provided bowever, that the finance officer shall not
issue any such license until it has been noted on the application therefor that the location of the proposed
business has been reviewed by both the department of building and housing inspection and the planning
depamnent any other depamnent deemed appropriate by the finance director, and has been approved in
accordance with the provisions of the building code, the zoning ordinance and any other applicable code.
(Ord. 25~7 ~1 (part), 1992; Ord. 2191 ~1 (part), 1987; Ord. 1293 ~1 (part), 1970; prior code ~18.5).
5.02.060 Issuance,Compliance with state and local regulations required.
No license shall be issued unless a full compliance is had with all the laws of the city and state, and
where laws of the state require a person to be licensed under and by vinue of its laws, the same shall be
a condition precedent to the granting of a license by the city, and if an applicant so required to be licensed
by the state has failed to comply with the laws of the state, no license shall be issued by the city. No license
issued under the provisions of this chapter shall be construed as authorizing the conduct or continuance of
any illegal or unlawful business operated in contravention of any of the laws of the city. (Ord. 2537 ~1
(part), 1992; Ord. 1293 ~1 (part), 1970; prior code ~18.6).
5.02.070 Issuance-Effect of prior licensing by state.
Wherever an applicant for a license to do business in the city is licensed to do business under the laws
of the state, a license to do business within the city shall not be denied. (Prior code ~18. 7).
5.02.080 Issuance,Void when.
If any such license has been issued through error, the same shall be void and of no force and effect.
(Prior code ~18.8).
(R 12/94)
280
""If)
Chapter 5.07
MASTER TAX SCHEDULE
Sections:
5.07.010
5.07.020
5.07.025
5.07.030
New business, Applicable tax rates,
Applicable tax rates by year.
Maximum annual taL
Master tax schedule.
5.07.010 New businesses, Applicable tax rates.
The applicable tax rate for a new business with 5 or fewer employees is detailed in Section 5.04.140
(for general businesses with fLxed locations in the City); Section 5.34.020 (for manufacturers); or Section
5.42.010 (for Professionals), except as otherwise provided for and specifically enumerated in the Master Tax
Schedule, Section 5.07.030. Said rate shall only be applied in the first license year of operation or part
thereof, provided that if the first license year is less than three months, new business rates shall also be
applied in the following license year. (Ord. 2408 ~1 (part), 1990).
5.07.020 Applicable tax rates - by year.
A. 1991 Calendar year rates.
Effective January 1, 1991, the business license tax rates snall be those rates detailed in the Master Tax
Schedule, Section 5.07.030, in the column thereof labeled "Tax Rate: 1/1/91, 12/31/91".
B. 1992 Calendar year rates.
Effective January 1, 1992, the business license tax rates shall be those rates detailed in the Master Tax
Schedule, Section 5.07.030, in the column thereoflabeled ''Tax Rate: 1/1/92' 12/31/92".
C. 1993 Calendar year rates.
Effective January 1, 1993, the business license tax rates shall be those rates detailed in the Master Tax
Schedule, Section 5.07.030, in the column thereof labeled "Tax Rate: 1/1/93, 12/31/93".
D. 1994 and Subsequent Calendar Year Rates.
Effective January 1, 1994, and for each calendar year thereafter, all tax rates for the categories of
taxpayers detailed in the Master Tax Schedule, including both base tax rates and add, on tax rates
(e.g., rates per person, per,machine, etc.) shall be increased by six (6%) percent per year above the
tax rates and add,on rates applicable in the preceding year.
E. Power to Abate in 1992 and thereafter to 1991 floor.
Notwithstanding anything else to the contrary in this section contained, commencing for the 1992
calendar year and continuing thereafter, the City Council is hereby authorized for no more than one
calendar year, but is not required, to lower the tax imposed by this section but to no less than taxes
imposed in the 1991 calendar year.
295 t 'jl
(R 12/94)
F. Procedure to Abate.
To lower the tax authorized by tJiis section, the City Council shall conduct a public hearing at which
it publicly deliberates on the advisability of doing so, notice which public hearing is published in a
newspaper of general circulation at least twice not sooner than 20 days and not later than 5 days prior
thereto, of its intent to deliberate upon said matter. Failure to publish notice of the public hearing,
as herein required, shall not affect the right of the City Council to conduct the public hearing and to
reduce the authorized annual rate of increase as herein imposed.
G. Nothing contained in this section shall affect the effective date of this ordinance.
(Ord. 2408 ~1 (pan), 1990).
5.07.025 Maximum Annual TaL
Effective January 1, 1991, the maximum annual business license tax paid for any single business
license shall not exceed $7,000.
Effective January 1, 1992, the maximum annual business license tax paid for any single business license shall
not exceed $12,000.
Effective January 1,1993, the maximum annual business license tax paid for any single business license shall
not exceed $16,000.
Effective January 1, 1994, the maxim um annual business license tax paid for any single business license shall
not exceed $20,000.
Effective January 1, 1995, and each calendar year thereafter the maximum annual business license tax shall
be increased by five percent (5%) per year above the level set in January, 1994.
(Ord. 2408 ~1 (part), 1990).
(R 12/94)
296
t../J.
COUNCIL AGENDA STATEMENT
Item Number
7
Meeting Date March 5. 1996
ITEM TITLE: Resolution 18'''''.2..:] Amending the Existing Agreement
Between the City of Chula Vista, Otay Ranch, L.P., and Remy &
Thomas, to authorize $25,000 in additional services to review
environmental documents and provide legal advice to City staff,
Waiving the Consultant Selection Process and Authorizing the
Mayor to Execute Said Amen~ ^
SUBMI'ITED BY: Special Planning Projects tyIa~e~Y' tGii'"b f'l'O(ect
_ If.' ~Y\l
REVIEWED BY: City Manage'J~1 kj CJv"1'~\ (415ths Vote: Yes_No.Jl)
The City Council, on July 19, 1994 and May 16, 1995, approved a Three Party
Agreement to retain the legal firm of Remy & Thomas. This agreement required
their review of all environmental documents for the Sphere of Influence and
Annexation Application, Sectional Planning Area (SPA) Plans and supporting
studies required by the General Development Plan. This review was necessary to
assure compliance with CEQA and to avoid litigation predicated upon alleged
deficiencies in environmental documents for the Otay Ranch Project. Each
Agreement contained a not,to-exceed amount of $25,000. To maintain continuity, it
is recommended that the firm of Remy & Thomas continue to be retained to review
environmental documents for the Sphere of Influence Study and application,
Annexation Study and LAFCO application and SPA Plan.
RECOMMENDATION: Adopt a resolution amending the Existing Agreement
between the City of Chula Vista, Otay Ranch, L.P., and Remy & Thomas, to
authorize $25,000 in additional services to review environmental documents and
provide legal advice to City staff, Waiving the Consultant Selection Process and
Authorizing the Mayor to Execute Said Amendment.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: The City desires to continue to employ a law firm with expertise
and experience in reviewing environmental documents for compliance with the State
and City guidelines and procedures of CEQA in reference to the Otay Ranch Project
SPA One Plans and related reports, Sphere and Annexation Studies and the
preparation of additional Environmental Impact Reports for those studies. The First
Amendment contained a not,to,exceed amount of $25,000.00. Remy & Thomas has
provided legal support on the Otay Ranch Project since its beginning in November
1991 in such areas as Environment Impact Report and General Development Plan
H&Tl1:1A3.dnc <'I27frlG
7--1
Page 2, Item No. 7
Meeting Date 3-5-96
preparation and review. In Fiscal Year 1993,94, the firm received $95,198.44 to
process environmental documents related to the General Development Plan, and
during Fiscal Year 1994-95 an amount of $15,783.30 for the Sphere of Influence
Environmental Impact Report. During Fiscal Year 1995-96 an amount of $9,216.70
for the SPA Environmental Impact Report will have been spent. On January 18,
1994, the City Council retained Remy & Thomas services to represent the City in
litigation filed against the City of Chula Vista and the Otay Ranch Project. During
Fiscal Years 1993,95 the firm received $472,351.53 for litigation services. Remy &
Thomas offers special CEQA and litigation expertise that is not available in,house.
All costs have been the responsibility of Otay Ranch L.P.
On February 25, 1996, Otay Ranch L.P. became delinquent for the January invoice
amount of $95,900.21. Representatives of Otay Ranch L.P. has assured the City that
a check in that amount will be received by the beginning of next week. All previous
deficits have been resolved.
The current Agreement with Remy & Thomas, authorized by Council on May 16,
1995, specified a maximum limit of $25,000.00 to perform the legal environmental
services on an as-needed basis. The recommended amendment requires similar legal
services for a grand total not-to-exceed figure of $75,000.00 without further
authorization of Council. Representatives of Otay Ranch, L.P. have agreed with this
amount, and the Amendment is ready for Council authorization. The current work
program anticipates completion of the SPA One and Annexation Study in the
summer of 1996.
FISCAL IMPACT: There will be no fiscal impact to the City of Chula Vista. Otay
Ranch, L.P. will be funding the amended scope, of-work ($25,000.00) through their
Agreement and monthly deposit to the Otay Ranch trust account.
Attachments:
Resolution No. 17896
Three Party Agreement
H&.Tl1:1A3.do", 'lfL7jDG
7-~
RESOLUTION NO. / r.l.2 :1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A THREE PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, OTAY RANCH,
L.P., AND REMY, THOMAS AND MOOSE, TO AUTHORIZE
$25,000 IN ADDITIONAL SERVICES TO REVIEW
ENVIRONMENTAL DOCUMENTS AND PROVIDE LEGAL
ADVICE TO CITY STAFF, WAIVING THE CONSULTANT
SELECTION PROCESS AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENTS
WHEREAS, the City council, on July 19, 1994 and May 16,
1995 approved a Three Party Agreement to retain the legal firm of
Remy & Thomas to review environmental documents for the Sphere of
Influence and Annexation Application, sectional Planning Area (SPA)
Plans and supporting studies required by the General Development
Plan, to provide processing guidance of all supporting environ-
mental documents to assure compliance with CEQA and avoid
litigation predicated upon alleged deficiencies in environmental
documents or improper processing of the documents for the Otay
Ranch Project with each agreement containing a not-to-exceed amount
of $25,000; and
WHEREAS, to maintain continuity, it is recommended that
the firm of Remy, Thomas and Moose continue to be retained to
review environmental documents for the sphere of Influence Study
and application, the SPA Plan, provide processing guidance of all
supporting environmental documents to assure compliance with CEQA
and avoid litigation predicated upon alleged deficiencies in
environmental documents or improper processing of the documents.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve a Three Party Agreement
between the city of Chula Vista, Otay Ranch, L.P., and Remy, Thomas
and Moose, to authorize $25,000 in additional services to review
environmental documents and provide legal advice to city staff, a
copy of which is on file in the office of the city Clerk as
Document No.____, and waive the Consultant Selection Process.
BE
Chula vista
Agreement.
IT FURTHER RESOLVED that the Mayor of the City of
is hereby authorized and directed to execute said
Presented by
Approved as to form by
.r.!; ~~.~':~
Attorney
Gerald Jamriska, Special
planning projects Manager
c: \ rs\REMY2
7, J elf
Three Party Agreement
Between
City of Chula Vista,
Remy & Thomas and Otay Vista Associates
For Legal Consulting Services to be Rendered
with Regard to the Otay Ranch Project
1. Parties
This Agreement is made as of the reference date set forth in Exhibit A, for
the purposes of reference only, and effective as of the date last executed by the
parties hereto, between the City of Chula Vista ("City") herein, a municipal
corporation of the State of California, the person designated on the Attached
Exhibit A as "Consultant" ("Consultant") whose business form and address is
indicated on the attached Exhibit A, and the person designated on the Attached
Exhibit A as "Applicant" ("Applicant") whose business form and address is
indicated on the attached Exhibit A, and is made with reference to the following
facts:
2. Recitals, Warranties and Representations.
.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner of land ("Property")
commonly known as, or generally located as, described on Exhibit A, Paragraph
1, or has an option or other entitlement to develop said Property.
.2. Applicant desires to develop the Property with the Project described on
Exhibit A, Paragraph 2, and in that regard, will soon make an application
("Application") with the City for approval of the plan, map, zone, or other
permits ("Entitlements") described on Exhibit A, Paragraph 3.
.3. In order for the City to process the future Application of Applicant,
Work of the general nature and type described in Exhibit A, Paragraph 4,
("Work") will need to be completed.
.4. City does not presently have the "in-house" staff or resources to
process the application within the time frame requested for review by the
Applicant.
.5. This agreement proposes an arrangement by which Applicant shall
retain, and be liable for the costs of retaining, Consultant, who shall perlorm the
services required of Consultant by this Agreement solely to, and under the
direction of, the City.
R&TCON'T3.[X)C
Printed: February 27, 1996
7-.5'
Second Amendment to the Three Party Agreement
Pa~l
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN
THE CITY, CONSULTANT, AND APPLICANT AS FOLLOWS:
.1. Employment of Consultant bv Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's
sole cost and expense, to perform to, and for the primary benefit of, City, and
solely at City's direction, all of the services described on the attached Exhibit A,
Paragraph 4, entitled "General Nature of Consulting Services", ("General
Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all of the
services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work",
("Detailed Services"), and all services reasonable necessary to accomplish said
General Services and Detailed Scope of Work, and shall deliver such documents
required ("Deliverables") herein, all within the time frames herein set forth, and
in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth,
within a reasonable period of time for the diligent execution of Consultant's
duties hereunder. Time is of the essence of this covenant.
The Consultant does hereby agree to perform said General and Detailed Services
to and for the primary benefit of the City for the compensation herein fixed to
be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall
do so in a good, professional manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under
similar conditions and in similar locations, at its own cost and expense except
for the compensation and/or reimbursement, if any, herein promised, and shall
furnish all of the labor, technical, administrative, professional and other
personnel, all supplies and materials, machinery, equipment, printing, vehicles,
transportation, office space and facilities, calculations, and all other means
whatsoever, except as herein otherwise expressly specified to be furnished by the
City or Applicant, necessary or proper to perform and complete the work and
provide the Services required of the Consultant.
.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant
without regard to the conclusions reached by the Consultant, and according to
the terms and conditions set forth in Exhibit B adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, by paying said amount to the City, within 15 days of Applicant's
billing, or in accordance with the security deposit provisions of Paragraph 3.3
and Exhibit B, if checked, and upon receipt of such payment by the City, City
R&TCONT3.DOC
Printpd: February Z'J. 199G
7-"
Second Amendment to thp Three Party Agreement
Pagc.2
shall promptly, not later than 15 days, or in accordance with the Bill Processing
procedure in Exhibit B, if checked, pay said amount to the Consultant. City is
merely acting in the capacity as a conduit for payment, and shall not be liable
for the compensation unless it receives same from Applicant. Applicant shall not
make any payments of compensation or otherwise directly to the Consultant.
.1. Additional Work. If the Applicant, with the concurrence of City,
determines that additional services ("Additional Services") are needed from
Consultant of the type Consultant is qualified to render or reasonably related to
the Services Consultant is otherwise required to provide by this Agreement, the
Consultant agrees to provide such additional services on a time and materials
basis paid for by Applicant at the rates set forth in Exhibit B, unless a separate
fixed fee is otherwise agreed upon in writing for said Additional Work between
the parties.
.1. In the event that the City shall determine that additional
work is required to be performed above and beyond the scope of work
herein provided, City will consult with Applicant regarding the additional
work, and if thereupon the Applicant fails or refuses to arrange and pay
for said Additional Services, the City may, at its option, suspend any
further processing of Applicant's Application until the Applicant shall
deposit the City's estimate of the costs of the additional work which the
City determines is or may be required. Applicant shall pay any and all
additional costs for the additional work.
.2. Reductions in Scope of Work.
City may independently, or upon request from Consultant, from
time to time reduce the Services to be performed by the Consultant under this
Agreement. Upon doing so, City and Consultant agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction in the
compensation associated with said reduction. Upon failure to agree, the Fixed
Fee may be unilaterally reduced by the City by the amount of time and
materials budgeted by Consultant for the Services deleted.
.3. Security for Pavment of Compensation by Applicant.
.1. Withholding of Processing.
In order to secure the duty of Applicant to pay Consultant for
Services rendered under this agreement, City shall be entitled to withhold
processing of Applicant's Application upon a breach of Applicant's duty to
compensate Consultant.
R&TCONT3.OCX::;
Printed: February 27, 1996
7-7
Second Amendment to the Three Party Agreement
Page}
4. Non-Service Related Duties of Consultant.
.1. Insurance.
Consultant represents that it and its agents, staff and subconsultants
employed by it in connection with the Services required to be rendered, are
protected against the risk of loss by the following insurance coverages, in the
following categories, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
.1. Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the attached Exhibit A,
Paragraph 10.
.2. Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph
10, combined single limit applied separately to each project away from premises
owned or rented by Consultant, which names City and Applicant as an
Additional Insured, and which is primary to any policy which the City may
otherwise carry (" Primary Coverage"), and which treats the employees of the
City and Applicant in the same manner as members of the general public
("Cross,liability Coverage").
.3. Errors and Omissions insurance, in the amount set forth m
Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included m
the General Liability policy.
.2. Proof of Insurance Coveral!e.
.1. Certificates of Insurance. Consultant shall demonstrate proof of
coverage herein required, prior to the commencement of services required under
this Agreement, by delivery of Certificates of Insurance demonstrating same, and
further indicating that the policies may not be canceled without at least thirty
(30) days written notice to the Additional Insured.
.2. Policy Endorsements Required. In order to demonstrate the
Additional Insured Coverage, Primary Coverage and Cross-liability Coverage
required under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City and Applicant
demonstrating same.
R&TCONT3.DOC
Printed: FebrUB.ry '1:7, 1996
?...y
Se<oond Amendment to the Three Party Agreement
",,,4
.3. Public Statements.
All public statements and releases to the news media shall be the responsibility
of the City and the Applicant. The Consultant shall not publish or release news
items, articles or present lectures on the Project, either during the course of the
study or after its completion, except on written concurrence of the City and
Applicant.
.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the
presence of the City, or by writing an exact copy of which is simultaneously
provided to City, except with the express consent of City. The Consultant may
request such meetings with the Applicant to ensure the adequacy of services
performed by Consultant.
5. Non,Compensation Duties of the Applicant.
.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by
the Consultant and City, such documents, or copies of such documents requested
by Applicant, within the possession of Applicant reasonably useful to the
Consultant in performing the services herein required of Consultant, including
but not limited to those described in Exhibit A, Paragraph 7.
.2. Propertv Access.
The Applicant hereby grants permission to the City and Consultant to enter and
access the Property, to take any borings, make any tests, conduct any surveys or
reconnaissance necessary to deliver the Services of Consultant, subject to the
approval of the Applicant. Consultant shall promptly repair any damage to the
subject property occasioned by such entry and shall indemnify, defend, and hold
Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities
in connection with or arising from any such entry and access.
.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the
presence of the City, or by writing an exact copy of which is simultaneously
provided to City, except with the express consent of City. The Applicant may
request such meetings as they desire with the Consultant to ensure the
adequacy of services performed by Consultant.
R&TCONT3.DOC
Print..d: February 27, 199G
7--9
Second Amendment to the Three Party Agreement
Page 5
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A,
Paragraph 8, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
7. Conflicts of Interest
.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political
Reform Act conflict of interest and disclosure provisions, and shall report his
economic interests to the City Clerk on the required Statement of Economic
Interests in such reporting categories as are specified in Paragraph 9 of Exhibit
A, or if none are specified, then as determined by the City Attorney.
.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make, or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant
knows or has reason to know Consultant has a financial interest other than the
compensation promised by this Agreement.
.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and
inventory of Consultant's economic interests, as the term is used in the
regulations promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under
this agreement.
.4. Promise Not to Acquire Conflicting- Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or
assume an economic interest during the term of this Agreement which would
constitute a conflict of interest as prohibited by the Fair Political Practices Act.
R&TCONT3.DOC
Printed: February 27, 1996
7,1t1
Second Amendment to the Three Party Agreement
Page 6
.5. Dutv to Advise of Conflicting- Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the
City Attorney of City if Consultant leams of an economic interest of Consultant's
which may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
.6. Specific Warranties Ag-ainst Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in the
property which is the subject matter of the Project, or in any property within 10
radial miles from the exterior boundaries of the property which is the subject
matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward or gain has
been made to Consultant or Consultant Associates by Applicant or by any other
party as a result of Consultant's performance of this Agreement. Consultant
promises to advise City of any such promise that may be made during the Term
of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after
the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with Consultant's
responsibilities under this Agreement.
8. Default of the Consultant for Breach.
This agreement may be terminated by the CITY for default if the Consultant
breaches this agreement or if the Consultant refuses or fails to pursue the work
under this agreement or any phase of the work with such diligence which would
assure its completion within a reasonable period of time. Termination of this
agreement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
R&TCONT3.DOC
Printed: FebrUlll1' 27, 1996
7..//
Second Amendment to the Three Party Agreement
Page 7
9. Citv's Rig-ht to Terminate Payment for Convenience. Documents.
.1. Notwithstanding any other section or provision of this agreement,
the CITY shall have the absolute right at any time to terminate this agreement
or any work to be performed pursuant to this agreement.
.2. In the event of termination of this agreement by the CITY in the
absence of default of the Consultant, the City shall pay the Consultant for the
reasonable value of the services actually performed by the Consultant up to the
date of such termination, less the aggregate of all sums previously paid to the
Consultant for services performed after execution of this agreement and prior to
its termination.
.3. The Consultant hereby expressly waives any and all claims for
damage or compensation arising under this agreement, except as set forth
herein, in the event of such termination.
.4. In the event of termination of this agreement, and upon demand of
the City, the Consultant shall deliver to the City, all field notes, surveys,
studies, reports, plans, drawings and all other materials and documents
prepared by the Consultant in performance of this agreement, and all such
documents and materials shall be the property of the City; provided however,
that the Consultant may retain copies for their own use and the City shall
provide a copy, at Applicant's cost, of all such documents to the Applicant.
.5. Applicant shall have no right to terminate Consultant, and shall not
exercise any control or direction over Applicant's work.
10. Administrative Claims Requirement and Procedures
No suit shall be brought arising out of this agreement, against the City, unless a
claim has first been presented in writing and filed with the City of Chula Vista
and acted upon by the City of Chula Vista in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which
are incorporated by this reference as if set fully set forth herein.
11. Hold Harmless and Indemnification
.1. Consultant to Indemnifv Citv and Applicant re Injuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its
elected and appointed officers and employees and Applicant from and against all
claims for damages. liability, cost and expense (including without limitation
attorneys' fees) arising out of the conduct of the Consultant, or any agent or
employees, subcontractors, or others of City or Applicant in connection with the
R&1'CONT3.DOC
Printed: February 27, 1996
/"'/,2
Ser.ond Amendment to the ThT&: Party Agreement
Pige8
execution of the work covered by this Agreement, except only for those claims
arising from the sole negligence or sole willful misconduct of the City, its
officers, or employees, or Applicant, Consultant's indemnification shall include
any and all costs, expenses, attorneys' fees and liability incurred by the City, its
officers, agents, or employees or Applicant in defending against such claims,
whether the same proceed to judgment or not. Further, Consultant at its own
expense shall, upon written request by the City or Applicant, defend any such
suit or action brought against the City, its officers, agents, or employees or
Applicant. Consultants' indemnification of City and Applicant shall not be
limited by any prior or subsequent declaration by the Consultant.
.2. Applicant to Indemnifv City re Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and
from any and all claims, losses, damages, expenses or expenditures of City,
including its elected officials, officers, employees, agents, or representatives of
the City ("City Indemnitees"), in any way resulting from or arising out of the
refusal to pay compensation as demanded by Consultant for the performance of
services required by this Agreement.
12. Business Licenses
Applicant agrees to obtain a business license from the City and to otherwise
comply with Chula Vista Municipal Code, Title 5. Applicant further agrees to
require Consultant to obtain such business license and to comply with Chula
Vista Municipal Code, Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to, Represent City.
Unless specifically authorized in writing by City, neither Consultant nor
Applicant shall have authority to act as City's agent to bind City to any
contractual agreements whatsoever.
13.2. Notic_es.
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be
sent to any party shall be deemed to have been properly given or served if
personally served or deposited in the United States mail, addressed to such
party, postage prepaid, registered or certified, with return receipt requested, at
the addresses identified for the parties in Exhibit A.
H&TC:ONT3.00c
Printed: Febn16lj' 27, 1996
7-rJ
Second Amendment to the Three Party Agreement
Page 9
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally
required to be given shall in itself create the right in the parties to any other or
further notice or demand in the same, similar or other circumstances.
13.4. Entire Agreement.
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between
the parties relating to the subject matter hereof. Neither this Agreement nor
any provision hereof may be amended, modified, waived or discharged except by
an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
13.5. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to
enter into this Agreement; that all resolutions or other actions have been taken
so as to enable it to enter into this Agreement.
13.6. Goveming- Law/Venue.
This Agreement shall be govemed by and construed in accordance with the laws
of the State of Califomia. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San
Diego County, State of Califomia, and if applicable, the City of Chula Vista, or
as close thereto as possible. Venue for this Agreement, and performance
hereunder, shall be the City of Chula Vista.
13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective
unless the same shall be in writing and signed by the parties hereto, and then
shall be valid only in the specific instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which
shall be deemed to be an original but all of which, when taken together shall
constitute but one instrument.
R&TCONT3.DOC
Printed: February 27, 1996
J~I'I
Second Amendment to the Three Party Agreement
Page 10
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be
determined to be invalid, illegal, or unenforceable in any respect, the parties
hereto shall negotiate in good faith and agree to such amendments,
modifications, or supplements to this Agreement or such other appropriate action
as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
13.10. Heading-s.
The captions and headings in this Agreement are for convenience only and shall
not define or limit the provisions hereof.
13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the
partial exercise of any right, power or privilege, on the part of the parties shall
operate as a waiver of any rights herein contained. The making or the
acceptance of a payment by either party with knowledge of the existence of a
breach shall not operate or be construed to operate as a waiver of any such
breach.
13.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive
of any rights or remedies which the parties might otherwise have unless this
Agreement provides to the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have
an affect upon persons not parties hereto, the parties specifically intend no
benefit therefrom, and agree that no performance hereunder may be enforced by
any person not a party to this agreement. Notwithstanding the foregoing, this is
a three party agreement and the City is an express third party beneficiary of the
promises of Consultant to provide services paid for by Applicant.
R&TCONT3.rx)C
Printed: FebrUBry 7:1, 1996
7-5
Ser.ond Amendment to the Three Party Agreement
Page )]
Signature Page
Now therefore, the parties hereto, having read and understood the terms and
conditions of this agreement, do hereby express their consent to the terms hereof
by setting their hand hereto on the date set forth adjacent thereto.
Dated:
City of Chula Vista
by:
Shirley Horton
Mayor
Attest:
Beverly Authelet
City Clerk
" 'dr o=~
Bruce M. Boogaar
City Attorney
Dated:
Consultant: Remy & Thomas
by:
Tina A. Thomas
Dated:
Applicant: Otay Ranch, L.P.
by:
Kim Kilkenny, Vice-President
R&TCONT3.rXJC
Printed: Fehru.llry 27, 1996
7--/t
Second Amendmenl to the Three Party Agreement
Page 12
Exhibit A
Reference Date of Agreement: March 5, 1996
Effective Date of Agreement: March 5, 1996
City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Remy and Thomas, Inc., Attorneys at Law
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X ) Corporation
Address: 629 J Street, 4th Floor
Sacramento, CA 95814
Applicant: Otay Vista Associates,
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 11975 El Camino Real, Suite 200
San Diego, CA 92130
1. Property (Commonly known address or General Description):
The approximately 23,000 acre Otay Ranch property is situated on
unincorporated land comprising seven separate parcels in southwestern San
Diego County, 3.5 miles east of downtown Chula Vista and 13 miles southeast of
downtown San Diego. Otay Ranch lies between the eastern edge of the City of
Chula Vista and the western edge of the unincorporated community of Dulzura.
The combined properties span a distance of approximately 12 miles from east to
west and 8.5 miles from north to south.
Otay Ranch is grouped geographically to form three, distinct parcels known as
the Otay Valley Parcel, San Ysidro Mountains Parcel and the Proctor Valley
Parcel.
H&T A3.DCX:;
February 27, 199fi
Exhibit A
Pag.. 1
7-/7
2. Project Description ("Project"):
The proposed project is a City of Chula Vista initiated proposal to amend its
Sphere of Influence boundaries to incorporate selected portions of the approved
Otay Ranch GDP/SRP, as well as a limited number of additional parcels outside
the Otay Ranch ownership. As part of the Sphere of Influence Update Study, the
City will undertake general housekeeping efforts to ensure that the Sphere and
General Plan boundaries are coterminous. General Plan Amendments will be
processed for parcels within the Resort Parcel, including approximately five
parcels associated with the Lower Otay Reservoir totaling 22 acres and a 20-acre
parcel known as the Satterla Property.
Future discretionary actions anticipated include applications to LAFCO for
annexations, detachments, district formations, and dissolutions within the
Sphere Area, which will be analyzed in a separate, future environmental
document(s).
3. Discretionary Approvals applied for include:
Amendments to the Chula Vista Sphere of Influence;
Amendments to the Chula Vista General Plan;
Future annexations, detachment, district formation and dissolutions; and
Sectional Planning Area (SPA) Plan.
4. General Nature of Consulting Services ("ServicesuGeneral"):
Legal Consultation on SPA Plans and Sphere of Influence Update Study and
associated environmental documents and to provide City Staff with guidance of
all documents to assure compliance with California State law including CEQA
calculated to avoid litigation predicated on alleged deficiencies in the
Environmental documents or their processing.
5. Detailed Scope of Work ("Detailed Services"):
Provide legal consultation to the City of Chula Vista on the preparation and
processing of Sectional Planning Area (SPA)Plans, Sphere of Influence Update
Study and all supporting environmental documents to assure compliance with
CEQA and other State laws calculated to avoid litigation predicated on alleged
deficiencies in the environmental documents or improper processing of the
documents.
R&T A3.DOC
Fet,rullry 27. 1996
Exhibit A
Page 2
7-18'
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
7. Documents to be provided by Applicant to Consultant:
( ) site plans () grading plans ( ) architectural elevations ( ) project
description.
(X) other:
SPA Plan, Sphere of Influence Study, EIR's
8. Contract Administrators.
City: Gerald J. Jamriska, A.I.C.P. Special Planning Projects Manager
Applicant: Kim J. Kilkenny, Vice-President
Consultant: Tina Thomas, Attorney
9. Statement of Economic Interests, Consultant Reporting Categories, per
Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
() Category No. 1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources
of income subject to the regulatory, permit
or licensing authority of the department.
() Category No.4. Investments in business entities and sources of
income which engage in land development,
construction or the acquisition or sale of
real property.
() Category No.5. Investments in business entities and sources of
income of the type which, within the past
two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to
provide services, supplies, materials,
machinery or equipment.
R&T A3.[X)C
February 27. 1996
EXhibit A
PlIge 3
7-"/9
() Category No.6. Investments in business entities and sources of
income of the type which, within the past
two years, have contracted with the
designated employee's department to
provide services, supplies, materials,
machinery or equipment.
() Category No.7. Business positions.
10. Insurance Requirements:
( X) Statutory Worker's Compensation Insurance
( X) Employer's Liability Insurance coverage: $1,000,000.
( X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in
Commercial General Liability coverage).
( ) Errors and Omissions insurance: $250,000 (not included in
Commercial General Liability coverage).
H&T A3.DOC
February 27, 1996
Exhibit A
Page 4
7....J.P
Exhibit B
Compensation Schedule and Deposit: Terms and Conditions.
( ) Single Fixed Fee Arrangement
For performance of all of the General and Detailed Services of Consultant as
herein required, Applicant shall pay a single fixed fee in the amounts and at the
times or milestones set forth below:
( ) Single Fixed Fee Amount: $
Milestone or Event
Amount or Percent
of Fixed Fee
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed
Services of Consultant as are separately identified in Exhibit C, under the
category labeled "Phased Fixed Fee Arrangement", Applicant shall pay the fixed
fee associated with each phase of Services, in the amounts and at the times or
milestones set forth hereinbelow ("Phase Fixed Fee Arrangement"). Consultant
shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless Applicant shall have issued a notice to proceed
to Consultant as to said Phase.
(X ) Time and Materials
For performance of the General and Detailed Services of Consultant as herein
required, Applicant shall pay Consultant for the productive hours of time and
material spent by Consultant in the performance of said Services, at the rates or
amounts set forth herein below according to the following terms and conditions:
( X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess
of said Maximum Compensation amount, Consultant agrees that Consultant will
perform all of the General and Detailed Services herein required of Consultant
for $ 25.000.00 including all Materials, and other "reimbursables" ("Maximum
Compensation").
r&tbc3.doc
February 27, 1996
EAAibit C
Page 1
7',2.1
( ) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
$25,000.00 ("Authorization Limit"), Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and
approved by the City Council. Nothing herein shall preclude Consultant from
providing additional Services at Consultant's own cost and expense.
Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
Attorney
Attorney
Attorney
Attorney
Attorney
Attorney
Attorney
Land Use Analyst
Land Use Analyst
Law Clerk/Paralegal
Michael H. Remy
Tina A. Thomas
J. William Yeates
James G. Moose
Whitman F. Manley
Matthew R. Campbell
John H. Mattox
Georganna Foondos
Kelley Taber
$195.00
$195.00
$195.00
$195.00
$150.00
$150.00
$150.00
$ 75.00
$ 75.00
$ 50.00
( ) Hourly rates may increase by 6% for services rendered after January, 1995,
if delay in providing services is caused by City or Applicant.
Materials Separately Paid For bv Applicant
Cost or Rate
( X ) Materials
Reports
Copies
Actual
( X ) Travel
( X ) Printing
( X ) Postage
( X ) Delivery
( X ) Long Distance Telephone Charges
( X ) Other Actual Identifiable Direct Costs
Actual
Actual
Actual
Actual
Actual
Actual
r&t-bc3.doc
Fd:oruary 27, 1996
Exhibit C
Pag..2
7..,].)..
Deposit
( ) Deposit Amount: $
( ) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if
this paragraph is "checked", upon City's receipt of billing by Consultant, and
determination by City in good faith that Consultant's billing is proper, a
judgment for which Applicant agrees to hold City harmless and waive any claim
against City, City shall pay Consultant's billing from the amount of the Deposit.
If Applicant shall protest the propriety of a billing to City in advance of
payment, City shall consider Applicant's protest and any evidence submitted
prior to the due date for the payment of said bill by Applicant in making its
good faith determination of propriety.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to
compensation which shall remain unpaid by Applicant 30 days after billing, City
may, at its option, use the Deposit to pay said billing.
( X) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( X ) Monthly
( ) Quarterly
( ) Other:__
B. Day of the Period for submission of Consultant's Billing:
( X ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:.,_,_
C. City's Account Number: 241,5201
r&t-be3.dor.
February 27,1996
Exhibit C
Page 3
7';']
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item r-
Meeting Date 3/05/96
Resolution /8'~.2 r' Approving Final Map and Subdivision Improvement
Agreement for Chula Vista Tract 96-03, EastLake South Greens, Unit 23.
Resolution I Y:J..,;J.-> Approving Supplemental Subdivision Improvement
Agreement for EastLake South Greens, Unit 23 Requiring Developer to Comply
with Certain Unfulfilled Conditions of Resolutions No. 15200, 17618 and 18176
and Authorizing the Mayor to Execute Same.
SUBMITTED BY: Director of Public Works ;t
. V I~ ';;.17'" '\
REVIEWED BY: City Manager\.A1 ~/~
\ ~
On January 9, 1996, by Resolution 18176, the'City Council approved the Tentative Subdivision Map for
Chula Vista Tract 96-03, EastLake South Greens, Unit 23. On July 18,1989, by Resolution 15200, the City
Council approved the Tentative Subdivision Map for Chula Vista Tract 88-3, EastLake Greens. On August
16, 1994, by Resolution 17618, the City Council approved the amended tentative map for EastLake South
Greens, Tentative Map 88-3A, and imposed additional conditions of approval. The amendment to the
tentative map covers the area south of Clubhouse Drive which is designated as EastLake South Greens.
All three resolutions contain conditions of approval applicable to EastLake South Greens Unit 23. The
tinal map for EastLake South Greens, Unit 23 is now before Council for approval.
(4/5ths Vote: Yes_NoX)
.......
RECOMMENDATION: That Council adopt the resolutions approving the final map, subdivision
improvement agreement and the supplemental subdivision improvement agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project is generally located southerly of North Greensview Drive and westerly of Silvera do Drive and
consists of 70 lots for single family residential units and 3 lots for open space.
The final map for EastLake South Greens, Unit 23 of Chula Vista Tract 96-03, 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 by the City, on behalf of the public, of Elm wood Court,
Knollwood Place, and Bear Creek Place. Approval of the final map also constitutes acceptance on behalf
ofthe City the following easements: a 5.5 foot tree planting and maintenance easement along said streets;
a 10 foot general utility easement within open space lots A, B, and C; drainage easements; and sewer
easements.
At this time, the City is rejecting the dedication of Lots A, B, and C for open space and other utility
purposes. However, under Section 66477.2 of the Subdivision Map Act these offers of dedication remain
open and subject to future acceptance by the City. These three open space lots will be maintained by the
$"'/
Page 2, ItemL
Meeting Date 3/05/96
maintained by the EastLake Homeowners' Association (HOA) unless the City determines that the
level of maintenance does not meet City standards. In that event, Council may, by resolution, accept
the offer of dedication on behalf of the City and assume maintenance responsibilities for these lots
through an open space district. This has become a standard procedure for all development within
EastLake Greens,
Condition No 3 of Resolution No. 15200 requires construction or a guarantee for construction of
East Orange Avenue from Hunte Parkway to the westerly subdivision boundary, Hunte Parkway
from South Greensview to East Orange Avenue, and East Palomar Street from SR-125 to EastLake
Parkway with the development of Phase 3 of EastLake Greens. Since the map now before Council
is the last subdivision in Phase 3 as revised by the Amended Tentative Map 88-03A, the
requirements must be satisfied prior to approval of this map or an alternate construction phasing
plan must be approved by the City Engineer as authorized by Condition NO.2 of the tentative map.
Staff reviewed an alternate phasing schedule proposed by EastLake Development Company
(EastLake) for construction of said improvements and recommended approving deferral of
construction. A provision was included in the Supplemental Subdivision Improvement Agreement
(SSIA) for EastLake Greens Unit 12 specifying the terms for the deferral of construction and
submittal of improvement guarantee A similar provision is included in the SSIA for this
subdivision.
Grading and improvement of a lO-acre public park and a 3.3 acre private park is required with
development of Phase 3 of the EastLake Greens by the EastLake Greens Public Facilities Financing
Plan. Previous SSIA's for units in EastLake South Greens obligate EastLake to participate with
regard to these units in whatever solution the City implements to resolve the issue regarding required
park facilities There is final resolution regarding the community center based on Council direction,
however, staff is awaiting final agreements, and this SSIA contains provisions similar to those in the
SSIA for EastLake Greens Unit 12 in which EastLake agrees to comply with a schedule for
construction of the public and private parks. EastLake has submitted bonds in the amount of
$1,949.000 to guarantee construction of public park improvements and has submitted, by separate
document, an irrevocable offer of dedication for the public park site (P-3).
Condition No. 26 of Resolution No 18 I 76 requires the developer to reduce the assessment district
debt on the land if the number of final residential units decreases. This is to ensure that similar
residential units within a district pay similar assessments and that the security to the bondholders is
not lessened. Through an amendment to the SPA plan, EastLake South Greens density decreased
with a loss of approximately 200 residential units. Half of these "lost" units were in the area of Unit
23, and the buydown of debt required with this final map is $952,000. As this is a substantial
amount of money, EastLake and City staff are analyzing other options subject to Council approval.
The analysis is anticipated to be completed in June of this year.
EastLake has requested that a letter of credit, in lieu of cash, be accepted while the options are being
considered and has deposited that letter of credit with the City. In the event the options considered
are either not feasible or not approved by Council, the City shall have the right, without limitation,
to effect a buy down of assessment district debt with the letter of credit. A provision reflecting
acceptance of a letter of credit in lieu of cash is included in the SSIA for this subdivision. The letter
of credit has been approved by the City Attorney.
8'''~
Page 3, ItemL
Meeting Date 3/05/96
EastLake and the Developer, Fieldstone Commwlities Inc., have executed a SSIA for this subdivision
which includes the above listed provisions. The SSIA also includes provisions to satisfy the following
conditions:
I. Condition No. 30 of Resolution No. 15200 requires the Developer to enter into an agreement
whereby the developer agrees that the City may withhold building permits for any units in the
subdivision if traffic on Otay Lakes Road. Telegraph Canyon Road, EastLake Parkway, or East
"H" Street exceed the levels of service identified in the City' s adopted thresholds.
2, Condition No. 31c of Resolution No. 15200 requires the Developer to enter into an agreement
wherein Developer agrees to not protest f()rmation of an assessment district for the construction
of street improvements to connect Orange A venue and Palomar Street to existing improvements
to the west of thc subdivision.
3. General Condition "C" of Resolution No. ] 8176 requires the Developer to comply and remain in
compliance with all previously adopted conditions of approval pertinent to the project.
4. Condition No. 18 of Rcsolution No. 18176 requires the Developer to enter into an agreement
whereby the developer agrees that the City may withhold building permits for any units in the
subject subdivision if traffic volumes exceed the levels of service identified in the City's adopted
thresholds.
5. Condition No. 19 of Resolution No. 18176 requires the Developer to enter into an agreement to
indemnify and hold harmless the City from any claims, actions or proceedings against the City to
attack, set aside, void or annul any approval by the City with regard to the subject subdivision.
6. Condition No. 20 of Resolution No. 18 I 76 requires the Developer to enter into an agreement to
indemnifY and hold harmless the City from any liability for erosion, siltation, or increased flow of
drainage resulting from the subjcct subdivision.
7. Condition No. 21 of Resolution No, 18176 requircs the developer to enter into an agreement with
the City relating to the provision of franchise cable television services.
8. Condition No. 22 of Resolution No. 18176 requires the developer to enter into an agreement with
the City to provide a noise study addressing noise impacts generated by major streets surrounding
the project and to implement any measures necessary to mitigate noise impacts to acceptable levels
prior to issuance of building permits.
9 Condition No. 23 of Resolution No. 18 J 76 requires the developer to enter into an agreement to
provide decorative fencing per established EastLake fence design, along the rear property lines of
lots 45 and 46.
8" :J
Page 4, ItemL
Meeting Date 3/05/96
] O. Condition No. 25 of Resolution No. 18176 requires the developer to pay additional fees into
Assessment District Numbers 90-3, 91-1 and 94-1 due to a ehange in units approved subsequent to
Distriet formation as determined by the City Engineer.
] I. Condition No. 33 of Resolution No. 18176 requires the developer to grant off-site easements for
eonstruetion and maintenanee of storm drain and sewer faeilities required to serve the projeet.
In addition, the SSIA eontains a provision that allows the City to withhold building permits until off-site
sewer facilities required to serve this unit have been constructed and offsite sewer and storm drain
easements have been granted to the City.
On July 25, 1995, by Resolution No. 17982, Couneil approved an Affordable Housing Agreement for the
EastLake development, which included certain milestones to implement the Affordable Housing Program.
The agreement requires EastLake to have] ] 2 low income housing units under significant construction by
June I, ] 998. However, prior to issuance of a building permit tor the 2,550th unit ofthe Greens, EastLake
is required to commence construetion on ]60 low income housing units (the total affordable housing
obligation for the Greens). After issuance of the 2,550th unit, the City will have the right to withhold
issuance of additional building permits until significant construction has been completed on the ] 60
affordable housing units. With the approval of the 70 residential lots tor EastLake Greens Unit 23, the
current cumulative Iotal of approved units within the Greens is 1,717. All other eonditions of approval
relative to this final map have been satisfied
EastLake and Fieldstone Communities, Ine. have also exeeuted a Subdivision Improvement Agreement
for this map and provided bonds to guarantee eonstruction of the required publie improvements (CY
drawings 96-07 through 96- ]4) within the subdivision. Improvement plans are being processed by the City
for the off-site sewer faeilities. EastLake has submitted a separate bond in the amount of $300,000 to
guarantee construetion of said otl~site sewer (CY drawings 96-26 through 96-29), and has bonded for the
offsite storm drain together with the on site improvements. All applieable fees have been paid and bonds
provided to guarantee the subdivision monumentation.
^ pial is avai]able for Council viewing,
FISCAL IMP ACT: None. All Staff costs assoeiated with processing of improvement plans and final
map will be reimbursed from developer deposits.
Attachments:
Exhibit A - Plat - EastLake South Greens, Unit 23
Exhibit B - Disclosure Statement
Exhibit C - Minutes of7/18/89 (RI5200), 8/16/94 (RI76l8), & 1/9/96 (R]8] 76)
LMCiEAF
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MAP No. J3292 ~~
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THE CITY OF CHUU VISTA PARTY 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, andall other
official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest III the contract, i.e., contractor,
subcontractor, material supplier.
EastLake Development Company
) 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.
Boswell Properties, Inc.
The Tulago Company
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.
N/A
(
,I.
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
con~ractors who you have assigned to rer.resent you before the City in this matter.
B1ll Ostrem, EastLake Development Co. Roger Bhatia, Rick Engineering
Tom Adler, EastLake Development Co. Company
Gail Crocenzi, EastLake Development Co.
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period'! Yes _ No ~ If yes, state which
Councilmember( s):
Person is defined as: "Any individual, jim,. co-pannership,joinr venture, association, social c/ub,fratemat organization, corpora/ion,
('Sftlfe, Il'lIst, receiver, syndicate, this and any other CDUnI)', city and country. city, municipality, district or other political suhdivisioll,
or dll)' other group or combinmion acting as llllnil,"
(NOTE: Attach additional pages as necessary)
Date:
January 19, 1996
'/(/'
/~1'I~j;g ~
Signature 6f contractor/ap ant
Gail Crocenzi, Asst. Project Manager
I \.: I :, \ DISCLOSE.TXll
. Print or type name of contractor/applicant
IJ"'" (, fRcvi~cd:
11/30/lJO)
I ,..... L. '_ ~
uulj Ie, IJ'0-,
ORDINANCE OFFERED BY MAYOR COX, as dmended, the reading of the
text was waived by unanimous consent, passed and approved with
Councilman Malcolm abstaining on the Country Club portion of the
zoning ordinance.
15 PUBLIC HEARING
a. RESOLUTION 15197
PUBLIC HEARING
b. RESOLUTION 15198
c. ORDINANCE 2317
d. RESOLUTION 15199
e. RESOLUTION 15200
f. RESOLUTION 15201
g. RESOLUTION 15202
CONSIDERATION OF FINAL EIR-86-4 - EASTLAKE
GREENS (Director of Planning)
CERTIFYING FINAL EIR-86-4
GREENS
PCM-87-7 CONSIDERATION OF EASTLAKE II
GENERAL DEVELOPMENT PLAN, PLANNED
COMMUNITY DISTRICT REGULATIONS( EASTLAKE
GREENS SECTIONAL PLANNING AREA SPA) PLAN,
EASTLAKE GREENS PUBLIC FACILITIES
fINANCING PLAN, EASTLAKE GREENS DESIGN
MANUAL; EASTLAKE DEVELOPMENT COMPANY
EASTLAKE
APPROVING THE
DEVELOPMENT PLAN
II
GENERAL
EASTLAKE
ADOPTING AN MENDt~ENT TO THE EASTLAKE I
PLANNED COMMUNITY DISTRICT REGULATIONS TO
ADD EASTLAKE II TO SAID REGULATIONS
FIRST READING
APPROVING THE EASTLAKE GREENS SPA PLAN,
PUBLIC FACILITIES FINANCING PLAN, AND
DESIGN MANUAL
APPROVING TENTATIVE SUBDIVISION
PCS-88-3 FOR EASTLAKE GREENS
MAP
ADOPTING CEQA FINDINGS AND STATEMENT OF
OVERRIDING CONSIDERATIONS FOR EASTLAKE
GREENS
ADOPTING THE MITIGATION ~lONITORING REPORT
FOR EASTLAKE GREENS, EIR-86-4
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Planning Consultant Doug Reid explained that a Master EIR for all
the EastLake development (including EastLake Greens/Trails) was
completed in February of 1982. In addition, 392.1 acres of
EastLake Greens were reviewed in an EIR prepared for EastLake I in
January 1985. This presentation contains additional information,
and covers effects on the envi ronment whi ch are not speci fi c to
the EastLake Greens/Trails site and those that were not previously
addressed as significant effects.
~J
~,l rl J tc: :.:.
- j -
July Id, i9dS
~r. Reid then introduced Jeanne Munoz, ERC
Energy Servi ces, who presented concl usi ons in
also the findings on the CEQA related documents.
Ms. Munoz noted essentially, the one significant unmitigable
impact would be on paper only: air quality. The reason being that
it is in non-conformance. In the San Diego area, a project is
considered to have a significant cumulative air quality impact if
the project has not been incl uded in the SANDAG Series 5 and 6
Growth Forecast. EastLake Greens and EastLake Trail s were not
incl uded in those forecasts. At the time at which they become
i ncl uded the project wi 11 be in compl i ance and conformance and it
will no longer be an unmitigable air quality impact.
Environmental
the final EIR
and
and
Councilman Nader noted the unmitigable impact on air quality (on
pap e r) i s are a 1 air qua 1 i ty imp act and i tis 0 n 1 yon pap e r t hat
impact will disappear if SANDAG revises it projects and the
implementation plan for meeting quality air standards is revised.
He questioned the existing inadequate implementation plan and the
need to revise it to be stricter and asked how it is that we
anticipate the implementation plan and the SANDAG forecast will be
revi sed and therefore, on paper, the air qual i ty impacts
unmitigated will go away and somehow remove the same amount of air
pollution that was an unmitigated impact on the EIR.
Ms. Munoz responded that it is confusing, but that what it is, is
that once the SANDAG Series 5 & 6 forecasts are incorporated into
the revised Air Quality Management Plan, this project will be in
compliance with the predictions made in that plan. It will not
c h a n g e air qua 1 i ty a t a 11, but it wi 11 be in com p 1 i an c e and
performance. The point needs to made however, that in large part,
the probl ems wi th ai r qual i ty in San Di ego County are a resul t of
the air quality problems in Los Angeles and there is nothing we
can do about that.
Mr. Bud Gray, City Con s u 1t ant,
EastLake II General Development
Plan; Tom Bandy from Willdan
Greens Public Facilities and
Ken Lee from the Planning
Tentative Map.
noted he woul d be di scussi ng the
Pl an and the EastLake Greens SPA
woul d be presenting the EastLake
Fi nanci ng Pl an and Pri nci pal Pl anner
Department would be presenting the
Tom Bandy reported on the Eastlake Greens Public Facilities
Financing Plan. He noted that the plan has four key features. It
describes the public facilities needed to serve the project,
on-site and off-side, the estimated costs, the method of
financing, and the phasing of facilities.
g.-;y
Principal Planner :,ep presented his report on the project, noting
t.he proposed subdi vi si on encompasses 830 acres of 1 and located in
the eastern portion of the City east of 1-805 and south of Otay
Lakes Road. He noted the General lotting of the area including;
standard lots, small lots, attached product lots, townhouse
product lots, condominium product lots, high density condominium
lots. Mr. Lee also noted a letter from Kent Aden of EastLake
referring to proposed clarifications to conditions for EastLake
Greens.
Council discussion followed regarding lot sizes, density, family
sizes; affordabilty of the homes; possibly imposing a moratorium
if development came to outstrip public facilities, water
management plans, and land use patterns.
Bob Santos, President, EastLake Development Co~pany, 900 Lane
Avenue, addressed the issues about the General Pl an pol icy as it
relates to achieving density higher than target density shown in
the General Plan. He noted that EastLake, before the Planning
Commission, voluntarily reduced the density of the EastLake
Greens, EastLake II proposal that was before Council this
eveni ng. They \~i 11 only request densi ty above that 1 evel if the
City's newly adopted policies are revised and situated to provide
for EastLake's ability to do that.
Katie Wright, Project Manager, EastLake Development presented
sl ides and transparencies on the EastLake Neighborhood and family
characteristics associated with the EastLake Project. She noted
statistics on buyers, families, needs and household sizes. Also
noted were the percentages of fi rst time buyers, move up buyers
and chief reasons why those buyers selected EastLake.
Kent Aden from EastLake noted that there were now over 90
condi ti ons imposed on the SPA Pl an and tentati ve map. He noted
that in the spirit of cooperation EastLake woul d 1 ive up to the
majority those conditions. He requested consideration of
alternative wording and modification to six of those conditions:
1. Tentative ~1ap #37: requires equal access to Cable TV
franchises. This issue is best dealt on a City-wide basis.
They will be applying for a Cable TV franchise and because of
thi s they request that Counci 1 modi fy the condi ti on to make
EastLake subject to any ne\~ Ci ty-wide ordinance or resol ution
of thi s issue. They wi 11 be subject to thi s at the time at
which it is adopted.
2. Tentative r~ap #64/SPA #2: in regard to the pedestrian
bridge. They don't know if the bridge is warranted or not, it
will require substantial public money to maintain and EastLake
believes it should be included in the Public Facilities
Financing Plan, not as a Tentative Map condition.
~~'j
I~inutes
- 1: -
July 18,1989
j. Tentative Map #38G: Currently states that residential
constructi on tax may be wai ved for excess park improvements.
EastLake is commi tting to excess park improvements, therefore
would like a commitment from Council to waive the RCT
accordingly.
4. Tentative Map #46/SPA 6: Conflicting conditions regarding
church sites. EastLake would like to clarify they are
currently showing a 4.8 acre site in EastLake Greens for
churches. In addition, there are 12.3 acres in EastLake I and
II. In total, 22 acres will eventually be pl anned for the
EastLake community.
5. Tentative nap #44/SPA #9: relating to lo\~/moderate income
housing. These items must be deferred at this time if Council
accepts the Planning Commission recommendation. EastLake
cannot meet these guidel ines until the effect of the analysis
on the General Plan Policy Section 6.2 and 6.3 as they relate
to the fi nal densi ty of the fi ve hi gh densi ty parcel s is
determined.
6 .
Planning Commission Item SPA Condition
deferral of the densi ty. EastLake supports
is asking that Council adopt this with a 30
mi nd wi th the Task Force to come back wi th
be adopted by Counci 1.
13: regarding the
this condition but
day time frame in
recommendations to
With this in mind, EastLake asked that the project be adopted with
the General Pl an Pol icies as they ~Iere adopted 1 ast week.
Speaking in favor of the EastLake project were:
Richard Esslinger, Postmaster, Chula Vista, 2134 Northshore Drive;
Jackie r~etcalf, 546 Port Harwick; Larry Rehlander, Victory
Lutheran Church i Peter Watry, speak i ng for CROSSROADS, 81 Second
Avenue; Fran 0 Meara, 1858 Gamay Terrace; Josepn I<.ownack, 1891
Gamay Terrace; Scott Ullmann, 2134-C Northshore Drive; Bob
0' Connell; 2072 I,aterbury Ci rcl e; Joseph Cummi ngs, 1848 Ithaca
Street; Richard Stahley, 30 Woodlawn Avenue.
Collectively, their remarks included the following: Crossroads
does not intend to concede one additional unit to EastLake Greens
and EastLake Trai 1 s; shoul d sti ck to target density and approve
condition #13, which embodies the Planning Commission's
recommendation and EastLake's proposal; Post Office in process of
negotiation budget, if project is put off for any length of time
it may detrimentally affect ability to procure funds necessary to
construct EastLake Project; EastLake is the best community ever
seen; has distinctive neighborhood and lifestyle; courteous
corporation to work with for land site for churches; EastLake has
changed Chula Vista's poor image; increased City revenue and
increased number of businesses; various amenities are offered;
homes are affordabl e; 1 arge yards; many of the nei ghbors have
grown up in Chul a Vi sta and moved to Cottage because they coul d
afford them and still are near their families; pleased that
EastLake has vol untari 1 y chosen to reduce the densi ty; i nsul ated
community - can give back to community in the form of good
neighbor~ and citizens; EastLake go:d project but there is some
concern over pri vate v. publ i c parks; woul d 1 i ke to gi ve densi ty
transfer to keep from paying upkeep of parks.
?'J CJ
Speaking against was Joe Garcia, 484 Fifth Avenue, Chu1a Vista.
rle stated that he was concerned about the water situation. He
asked if the water situation has been addressed.
Mayor Cox responded that it would be addressed on an incremental
basis because a certification would have to be done by the Otay
Water District that they would be able to provide the water
service for this project. The Mayor also noted that Councilman
Moore has put together a Water Task Force and that all property
owners are work i ng wi th the water di stri cts; the Task Force meets
on a monthly uasis. The Otay Water District is coming out this
week with water allocations so that the developers know that they
have certain restriction and cannot go beyond that with guaranteed
water rights. .
There bei ng no further publ i c testimony, the publ i c heari ng was
closed.
RESOLUTION A OFFERED BY MAYOR COX,
waived by unanimous consent, passed
vote to wi t:
the readi ng of the text was
and approved by the fol1 owi ng
AYES:
Cox, r~oore, McCandliss
NO:
Malcolm, Nader
RESOLUTION B OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent.
Counci 1 woman i~cCandl i ss asked if si nce the bulk of her concerns
were on the Tentative Map, would it be possible to adopt the
General Development Plan then possibly, with removing the actual
tprget number for the area, continue the Tentative Map until after
the Task Force reviews that section and bring it back within 30
days. Or, if there was a desire to amend the tentative map, would
they have to go back and amend the SPA Plan, Facilities Financing.
Director Kremp1 responded that they cou1 d consider the General
Development P1 an and the SPA P1 an and reserve deci sion on the
Tentative Map. He noted that if the Tentative Map changed, as far
as density or location of product types, for the most part the
structure would still be relevant. The Task Force could review
the Land Use Element of the General Plan within a 60 day period of
time.
The Resolution B passed by the following vote:
AYES:
NO:
Cox, Moore, r~cCandl iss
Nader, t~a1co1m
ORDINANCE C OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved by the following
vote to wit:
AYES:
NO:
Cox, Moore, r~cCand1 i ss, Nader
Malcolm,
~'/I
'J
vUI) IU, 1.)0,)
RESOLUTION 0 OFFERED 3Y MAYOR COX
MOTION
Nader/ to amend the reso1 ution to
development will conform with the
eventually be adopted as part of the
i nc1 ude an agreement that the
Growth Management E1 ement to
Chu1 a Vi sta General P1 an.
Mayor Cox asked if this would be more suitable under Item E - the
Tentative Map
Di rector Kremp1 responded that it cou1 d be p1 aced under whatever
action they felt comfortable with.
MOTION RESTATED
10 amend the resolution to state that EastLake would agree with
whatever Growth Management Element is added into the General Plan;
it wou1 d become part ~f the agreement that the development will
conform with the Growth Management Element that will eventually be
adopted as part of the General Plan.
~'
Counci1member ~loore questioned the terms used; "a-gree" as opposed
to "con form. "./v- .>" "-:'t '1
"
Councilman Nader clarified that EastLake could decline the
agreement but then the project wou1 d not go ahead, so in effect,
it is a requirement that EastLake conform.
Discussion ensued regarding the agreement. Mr. Santos noted that
this is the appropriate legal document to make that kind of
commitment, but suggested it be addressed at that point in time.
In ans\ver to Councilman Nader's question, Mr. Santos responded
they did have a problem in that Council is asking them to take a
considerable risk, as they have done in the past.
Councilman Nader withdrew his motion as to Item D and noted he
would resubmit it as to Item E, but that it should be make clear
at some point tonight that Council is doing this.
VOTE ON THE MOTION, Item D
The motion carried with Councilman Malcolm voting no.
RESOLUTION E OFFERED BY MAYOR COX as read.
MOTION
(McCand1iss/ Nader) that the resolution be continued and returned
at the Council meeting with the report on the General Plan.
Councilman Nader asked for a clarification of the motion.
8''' I,;
Councilwoman McCandliss stateJ that what she would like the
committee to deal with transfers and bonuses and come back to
Council before approval of the tentative map
Mr. Santos stated they were interested in moving ahead, but
concerned about the feelings that EastLake had a lack of
commitment. He suggested that the provlslon of a tract map
condition that requires the development agreement for the project
make EastLake subject to the Growth Management Policy that will be
adopted by the Ci ty in the future. Secondly, that a track map
condition on the project requires that EastLake cannot exceed on a
cumulative basis in the eastern territories 7,426 dwelling units
until such time as the City has updated their Transportation
Phasing Plan, or the Growth Management Plan.
VOTE ON THE MOTION
The motion to continue failed by the following vote, to wit:
AYES:
NOES:
McCandl i ss, Nader
Cox, Malcolm, Moore
Mayor Cox noted there was one amendment he would like to make.
MSUC (Cox/Malcolm) that before recording of the final map there
would have to be an agreement executed by the City and by EastLake
resolving the outstanding issues on the public v. private parks as
they relate to EastLake I and EastLake II.
MSUC (Nader/McCandl i ss) Condi ti on 79 - the development be subject
to the Growth Management Element of the General Plan in the
Transportation Phasing Plan to be adopted by the City.
Councilman Malcolm noted that he had no problem with item 37 where
EastLake is subject to any new City-wide resolutions regarding
cabl e tel evi si on and no probl em wi th item 44 that condi ti ons
reI ated to low and moderate income housi ng shall be deferred and
evaluated as a factor in the analysis of the General Plan policies
6.2 and 6.3 as they relate to parcels R-24, R-25, R-26, R-27 and
R-28.
~lOTI ON
(Malcolm/Moore) to amend 37 and 44 as per EastLake's request.
Director of Publ ic Works Lippitt noted that Item 37 was put in
because of Council's concern of equal access - it coul d be changed
- he recommended tak i ng out the word "Ci ty-wi de" because we don't
know what the ultimate solution is going to be and it may be
different from the western portion of the City in EastLake.
&"I}
1.1 Ii U "(,t' S
- 1:J -
JUlY lb, I~oj
AMENDMENT TO MOTION
Councilman Malcolm amended his motion to delete the word
"City-wide"
The motion carried unanimously.
Counci lman Mal col m al so stated he had a probl em with the gol f
course. He spoke to EastLake and they agreed to do something
other than a private gol f course; the general publ ic ought to have
a right to use the open space; EastLake has an obligation to the
pub 1 i c . He ask e d the City At tor n ey i f Co un c i 1 co u 1 d 1 e a ve a
condition where EastLake has to be willing to open up to some type
of public use, to be determined by the City of Chula Vista at a
later date by the Parks & Recreation staff and other golfing
facilities in EastLake to come back with some type of
recommendation.
Assistant City Attorney Rudolf, in response to Councilman
t1alcolm's question noted that if that condition would be
consi stent wi th what was already approved in Resol uti ons B, C, and
D; if that issue is not al ready addressed in those provi sions,
then this condition would be inconsistent.
It was noted by Mr. Gray that this would not be inconsistent with
anything Council has acted upon thus far because nothing in the
plans really speak to the private v. public nature of the golf
course.
Mr. Santos noted that EastLake Country Cl ub is envisioned to be a
privately owned and operated Club; it is not a municipal course.
When it is opened in 1991, it will be open for public play for a
period of time which has not yet been determined. The community
has expressed a desire to have this available for a
community-at-large use. There will be a CUP for the golf course
permit and at that time the whole concept of the public v. private
play can be addressed.
MOTION
MSUC (Malcolm/Nader) to add this as Condition #80 - prior to any
operation of the Golf Course that an a~reement between the City of
Chula Vista and EastLake regarding publlC play be entered into, to
be considered as part of the procedure with the Conditional Use
Pe rmi t.
MSUC (Nader/Moore) Condi ti on #81
Commission's recommendations.
to incorporate the Pl anni ng
VOTE ON MAP
RESOLUTION E OFFERED BY ~1AYOR COX, as amended, the reading of the
text was waived by unanimous consent, passed 3.nd approved with
Councilman Nader and Councilwoman McCandliss voting no.
~"I'I
t
_, lA l j I U, L j v..-'
RESOLUTION F OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved with Councilman
Malcolm voting no and Councilman Nader votlng no on the Statement
of Overriding Considerations.
RESOLUTION G OFfERED BY MAYOR COX, the reading of the text was
waived by unanimous consent passed and approved with Councilman
Malcolm voting no.
Councilman t100re questioned the Council pol icy 0,1 traffic studies
in future developments.
Di rector of Pub1 i c Works Lippi tt responded that a traffi c study
was done for this plan in the EIR and one will be done when ~unbow
and other major developments come in. The City is automatically
fo11 owi ng through on its pol icy.
Mr. Kremp1 noted that on the Task Force, while indicating that it
may take 60 days, they wou1 d be tryi ng to get the group together
as soon as it was authorized by Council and proceed to do it in
the shortest time possible.
Mayor Cox noted the Council should try to make a commitment to
have this issue resolved in the next 60 days.
16. ORAL COt1~lUNICATIONS - Opportunity for the pub1 ic to speak to
the Clty Councll on any subject matter within the Council's
jurisdiction but not an item on today's agenda. Each
speaker's presentation may not exceed five minutes.
a. r1r. Wade R. Gui1iani, s214 J Street, Chu1a Vista addressed the
issue of the 706 and 706A buses, the Chu1a Vista Trolley. He
noted that seniors and handicapped individuals that are having
difficulties accessing those buses. He suggested that perhaps
a study be done to correct these buses to be adequately used
by these individuals.
MSUC (Cox/1100re) to refer this petition to staff for a report and
evaluation to come back to Council.
b. Joseph Ga rci a, 484 Fi fth Avenue, Chu1 a Vi sta, suggested Ci ty
invest in a 54 or 60 inch television monitor with a VCR to be
installed in the Council Chamber. City Manager Goss noted the
City has that capabi1 ity and equipment ready to be used when
needed.
c. Paul Green, 141 Lotus Dri ve, Chu1 a Vi sta, addressed concerns
regarding an informational item dated February 15, 1989. The
Ci ty Manager noted he wi 11 send another copy of the response
to his letter that had been sent.
d. Rick Short Tan, 55 Oxford Street, Chu1a Vista, requested that
Chu1a Vista Historical Society consider trees as part of Chu1a
Vista's history. He cannot get information on certain trees
in the area.
~,/f
Minutes
August 16, 1994
Page 3
p,
Mr. Goss stated staff could look at doing that, but there was also equipment that had to be acquired that was fairly
expe;nslve.
Mayor Nader questioned if Woodward,Clyde had laboratory facilities in the region.
Clifford Swanson, Deputy Director nf Public Works/City Engineer, responded they did.
RESOLUTION 17617 OFFERED BY MA YOR NADER, reading of the text was waived, passed and approved
unanimou-'ily.
. . END OF CONSENT CALENDAR. .
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
II. PUBLIC HEARING PCA-94,04; CONSIDERATION OF AMENDMENTS TO SECTION 19.64
OF THE MUNICIPAL CODE TO ALLOW THE REPLACEMENT OF DAMAGED CONDOMINIUMS
WHICH ARE NONCONFORMING WITH RESPECT TO DENSITY - CITY INITIATED - Recently, potential
huyers of an individual condominium unit could not ohtain financing because the project within which the unit is
located is nonconfonning with resplXt to present density limitations. Therefore, the same num~r of units could
not be rebuilt if the project was more than 60% destroyed per Section 19.64.150 of the Municipal Code. Staff
believes this is a problem unique to condominiums which should be addressed by amending the code to allow
replacement in such cases. Staff recommends Council place the ordinance on first reading. (Director of Planning)
ORDINANCE 2599 AMENDING SECTION 19.64.150 OF THE MUNICIPAL CODE AND
ADDING SECTION 19.64.155 TO MODIFY THE NONCONFORMING USES REGULATIONS
PERTAINING TO THE REPLACEMEJ"rr OF RESIDENTIAL CONDOMINIUMS (first readinQ)
Mayor Nader stated he owned and lived in a condominium and had been advised by the City Attorney that he should
abstain from participation.
Councilmember Rindone statoo he O\VJlOO apartments and fdt he should also abstain from participation.
Bruce Boogaard, City Attorney, stated it was a matter of caution. The exception was whether or not the matter
affected the public generally or if the affect was distinguishahle on the Councilmemher from the public generally.
Mayor Nader stated he would trail the item until Councilmemner Horton arrived.
This being the time and place; as advertis~, the public hearing was opened by Mayor Pro Tern Horton. Mayor
Nader and Councilmemher Rindone lett the dias. There heing no puhlic testimony, the puhlic hearing was closed.
ORDINANCE 2599 PLACED ON FIRST READING BY COUNCILMEMBER MOORE, reading of the text
was waived, passed and approved 3-0-0-2 with Nader and Rindone abstaining.
12. PUBLIC HEARING PCZ,94DIPCM,94-24/PCM,94-27IPCM,93-'IPCS-88-3Aj CONSIDERATION
OF PREZONING AND INCORPORATING APPROXIMATELY 22,7 ACRES OF LAND WITHIN
EASTLAKE GREENS AND AMENDING THE EASTLAKE II (EASTLAKE I EXPANSION) GENERAL
DEVELOPMENT PLAN, EASTLAKE GREENS SPA PLAN, EASTLAKE II (EASTLAKE I EXPANSION)
PLANNED COMMUNITY DISTRICT REGULATIONS, EASTLAKE GREENS AIR QUALITY
IMPROVEMENT PLAN, EASTLAKE GREENS WATER CONSERVATION PLAN, AND EASTLAKE
GREENS MASTER TENTATIVE MAP (TRACT 88,3) - EASTLAKE DEVELOPMENT COMPANY, The
EastLake Development Company has requested amendments to the EastLake II General Development Plan, EastLake
Greens Sectional Planning Area (SPA), EastLake II Planned Community District Regulations, EastLake Greens Air
Quality and Water Conservation Plan, EastLake Greens Master Tentative Map, and a prewne and addition of
approximately 22.7 acres of unincorporated land to the existing EastLake Greens SPA area. The purpose for the
request is to: (1) Incorporate into the planning and regulatory framework of the EastLake Greens SPA Plan those
8'" /"
-.,
Minutes
August 16, 1994
Page 4
parcels of the EastLake Greens General Plan Amendment which take access from the internal circulation of the
EastLake Greens Planned Community (northeast of the SDG&E transmission lines); (2) Improve the spatial and
functional relationship of residential density/product distribution within the EastLake Greens Planned Community
area; and (3) Update the Ease Lake Greens SPA Plan and supplementary documents to reflect current statistics and
technical refinements based on site plan approvals and market considerations. Staff recommends Council place the
ordinances on first reading and approve the resolution. (Director of Planning)
.
A. ORDINANCE 2600 APPROVING THE PREZONlNG OF 22.7 ACRES OF UNINCORPORATED
LAND TO P-C PLANNED COMMUNITY AND ADOPTING MITIGATED lIiEGATlVE DECLARATION
ON IS-94-19 AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO (first readin2)
B. ORDINANCE 26N APPROVING AMENDMENTS TO THE EASTLAKE II (EASTLAKE I
EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS (LAND USE DISTRICT MAP ONL Y)
AND ADOPTING J\UTIGATED NEGATIVE DECLARATION ON IS,94-19 AND MITIGATION
MONITORING AND REPORTING PROGRAM THERETO (first readin2)
C. RESOLUTION 17618 APPROVING AND IMPOSING AMENDMENTS AND CONDITIONS ON
THE EASTLAKE II (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT PLAN, EASTLAKE
GREENS SECTIONAL PLANNING AREA PLAN, EASTLAKE GREENS AIR QUALITY IMPROVEMENT
PLAN, EASTLAKE GREENS WATER CONSERVATION PLAN AND EASTLAKE GREENS MASTER
TENTATIVE SUBDIVISION MAP MID ADOPTING MITIGATED NEGATIVE DECLARATION OF IS-94-
19 AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO
Ken Lee, Assistant Director of Planning, summarized the issues involved with the project. Condition 8C of the
ordinance referred to the north side of parcel R27 (trail system) and should he corrected to read the north side of
Clubhouse Drive.
* * * Councilmember Horton arrived at 6:26 p.m. * * *
.
Mayor Nader stated the Resource Conservation Conunission minutes should have been included in the packet. He
had read the minutes which reflected a 5-0 vote for the mitigated negative declaration.
This being the time and place as advertised, the public hearing was declared open.
. Bruce Sloan, 900 Lane Avenue, #100, Chula Vista, CA, representing EastLake Development Company,
concurred with the staff recommendations.
There being no further public testimony, the public hearing was closed.
ORDINANCES 2600 AND 2601 PLACED ON FIRST READING AI'o'D RESOLUTION 17618 OFFERED BY
COUNCILMEMBER HORTON, reading of the text was waived, passed and approved unanimously.
13. PUBLIC HEARING CONSIDERATION OF PROGRAM CHANGES OF RESIDENTIAL YARD
WASTE RECYCLING SERVICES FROM AN OPTIONS PROGRAM TO A UNIVERSAL MANDATORY
RATE STRUCTURE - The City's residential yard waste collection program hegan 1/1/94 as a unique .options.
program which allows single-family residents the choice of how th~y will participate. hased on their own assessment
of their yard waste needs. A review of the participation, costs, and revenue of the first six months of the voluntary
"options" program show that costs are far exceeding revenue and continuation of the program is dependent upon
a rate adjustment to cover collection and processing costs. Letters were received from Laidlaw requesting
consideration of an amendment to the yard waste fee structure effective 9/1/94 which would involve 8 change to
a universal mandatory rate structure to be spread to all single-family residents. Staff recommends approval of the
resolution. (Deputy City Manager KrempJ\
RESOLUTION 17619 APPROVING A UNIVERSAL RESIDENTIAL YARD WASTE
COLLECTION RATE CHANGE TO $1.48 PER SINGLE-FAMILY HOME
.
8" / 7
i'
/ 7
1/
'.
MilJutts
January 9, 1996
Page 5
a similar problem and he fell some background from the City Attorney would be helpful. Information regardi,,,,
the kind of litigation other cities had faced and relat~d costs when they had r~sjsted such challenges w\Juld also ~"
helpful. The Council wanted to do the right thlOg but they needed to he mlOdful of the potential fiscal imp"'t.'
Mr. Boogaard responded that he had submitted a confidential legal memo and analysis to Council. He que>tll,nn'
if Council wanted him to make a public disclosure of the pending litigation throughout the state.
Council member Moot fell it would be helpful for the members of the public to be apprised of the fIScal imp"'" the'
Council would be required to consider.
VOTE ON MOTION: approved 4,0,1 with Padilla absent.
10. PUBLIC HEARING PCS-95,04; TENTATIVE SUBDIVISION MAP FOR THE EASTLAKE GREENS
UNIT 22, TRACT 95,04, INVOLVING 9 LOTS CONTAINING A TOTAL OF 135 SINGLE FMIn,y
DETACHED TOWNlIOMES ON 11.68 ACRES AT THE SOUTHWEST COR/I.'ER OF NCWTJI
GREENSYIEW DRI\'E AND HUNTE PARKWAY - CALIFORNIA PACIFIC HOMES ' TIw Ten',,!'
Subdivision Map consists of subdividing 11.6R acres into 9 lot:,; containing a total of 135 dwellIng urut" \\'llr :'
acres of interior open space, private streets and guest purking areas. The map also includes 1.5 acre::: of open Scp;i
which is being offered for dedication to the City. Staff recommends approval of the resolution, (Dir",'I"r 01
Planning)
RESOLUTION 18175 APPROVING TRACT 95-04, A TENTATIVE SUBDIVISION MAP FOR 9 LOT'
CONTAINING A TOTAL OF 135 SINGLE FA~lILY DETACHED TO\\'/I.11O\IES ON ]1.68 ACRES,\T
THE SOUTHWEST CORJI.'ER OF NORTH GREENSVIEW DRIVE AND ffiIlI,'TE PARK\\!, Y
CALIFORNIA PACIFIC HO~IES
Robert Leiter, Director of Planning, informed Council that the applicant had requested a two week continllall''''1
order to resolve another condition of approval.
This being the time and place as advertlSe.d. the puhlic heaTIng was declared open,
MSC (Rindone/Mooll to continue the puhlic hearing to the meeting of 1/23/96. Approved 4-0,1 with Padill"
absent.
II. PUBLIC HEARING PCS,96-03; TENTATIVE SUBDIVISION ~IAP FOR HIE EASTLAKE GREENS
UNIT 23, TRACT 96-03, INVOLVING 70 SINGLE FAMILY LOTS A/'.'D 3 OPEN SPACE LOTS 0;\ 20'
ACRES LOCATED ON TilE WEST SIDE OF SOUTH GREENS\'JE\\' DRIVE, EAST OF E,\S'II "h!
PARI(WA y, EASTLAKE DEVELOP~IE"T COillPANY - The "1'I'lrca!1llras SlIb!l1ltkll" TentHt,,,.. oub,I,,,
Map known as EastLake Greens Unit 23, Tract 96~03. In order to subdivide 20.3 acres into 70 ~lngk J...m:i\
detached lots and 3 open space lots. Staff recommends apprQval of th~ resolution. (Director of Plannin~'
RESOLUTION 18176 APPROVING TRACT 96-03, A TENTATIVE SUBDIVISION MAP FOR 70 SINGLE
FAMILY LOTS AND 3 OPEN SPACE LOTS ON 20.3 ACRES LOCATED 01'< THE "'EST SIDE or
SOUTH GREENSVIEW DRlv'E WITHI:-i THE EASTLAf..r: GREENS PLAI"NED CO\I~W\rT\
EASTLAKE DEVELOP~[E/I.'T COMPANY
This being the time and place as advertised, the public heaTIng was declared open. There heing no p\lhl,,' tes', 01"'"
the public hearing was declared closed.
RESOLUTION 18176 OFFERED BY COUNCILMEMBER ALEVY, reading of the text was waived, p'L"ed
and approved 4-0-1 with Padilla absent.
12. PUBLIC HEARING CONSIDERATION OF ESTABLISHING UN'DERGROUl'.'D UTILITY DISTRICT
NlilliBER 126 ALONG MAIN STREET fROM INDUSTRIAL BOl ,LEV ARD TO HURD A VENUE, ,
.?~/Y
RESOLUTION NO. J 8':1..:J. 'I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP AND
SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA
VISTA TRACT 96-03, EASTLAKE SOUTH GREENS UNIT
23,
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 96-03, EASTLAKE SOUTH GREENS UNIT 23,
and more particularly described as follows:
Being a subdivision of Parcell of Parcel Map No. 17644, in
the City of Chula vista, County of San Diego, State of
California, filed in the office of the County Recorder of San
Diego county, January 26, 1996 as File No. 1996-0041318 of
Official Records.
Area: 20.794 acres
Numbered Lots: 70
No. of Lots: 74
Lettered Lots: 4
is made in the manner and form prescribed by law and conforms to
the surrounding surveysj and that said map and subdivision of land
shown thereon is hereby approved and accepted upon receipt by the
City of Chula vista of all improvement securities described in the
Subdivision Improvement Agreement.
BE IT FURTHER RESOLVED that said council hereby accepts on
behalf of the public the public streets, to-wit: Bear Creek Place,
Elmwood Court and Knollwood Place, and said streets are hereby
declared to be public streets and dedicated to the public use.
BE IT FURTHER RESOLVED that Lots A, B, C and D are hereby
rejected for Open Space.
BE IT FURTHER RESOLVED that said Council hereby accepts on
behalf of the city of Chula vista the easements with the right of
ingress and egress for visibility and street tree planting and
maintenance of drainage facilities and sewer facilities, general
utility easement within Open Space Lots A and B, all as granted and
shown on said map within said subdivision, subject to the
conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the city of
Chula vista be, and is hereby authorized and directed to endorse
upon said map the action of said councilj that said Council has
approved said subdivision map, and that said public streets are
1
~A-I
accepted on behalf of the public as heretofore stated and that said
lots are dedicated for Open Space and other public uses and are
rejected on behalf of the City of Chula vista and that those
certain easements with the right of ingress and egress for the
construction and maintenance of street tree planting, drainage
facilities and sewer facilities, 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 only upon the acceptance by
the city of Chula vista and its City Attorney of the improvement
securities described in the Subdivision Improvement Agreement.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 1996, 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 is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
~~)r&---
Bruce M. Boogaard, city-
Attorney
C:\rs\elsg23.fm
2
~~ . .2...
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199__, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City"; Fieldstone
communities, a general partnership, hereinafter called "Subdivider"
and EastLake Development Company, 900 Lane Avenue, suite 100, Chula
Vista, California 91911, a general partnership, hereinafter called
"EastLake".
Nl.:rNE~~E:r!!.i..
WHEREAS, Subdivider is the
commonly known as EastLake
"Subdivision") .
owner of the proposed subdivision,
South Greens, unit 23 (the
WHEREAS, the Subdivider is about to present to the City
council of the City of Chula vista for approval and recordation, a
final subdivision map for the Subdivision pursuant to the
provisions of the Subdivision Map Act of the State of California,
and in compliance with the provisions of Title 18 of the Chula
vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the city of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an al ternati ve thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
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/or
land development work required in said subdivision within a
-1-
f(~ :;J
definite period of time prescribed by said Council; and
WHEREAS, EastLake is the beneficiary under a deed of
the Subdivision, recorded as File No.
Official Records, and is the holder of certain repurchase
and such other rights under agreements recorded
as file Nos. , both of Official Records; and
Trust for
of
rights
WHEREAS, EastLake and the Subdivider have represented to the
city that a portion of the Subdivision shall be conveyed to
EastLake upon recordation of the final map for this Subdivision;
and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that subdivider will install
and complete, at Subdivider's own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 18176, approved on the 9th day of
January, 1996 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for Phases 1 and 2
of the construction, installation and completion of said public
improvement work have been prepared and submitted to the city
Engineer, as shown on Drawings Nos. 96-07 through 96-14 inclusive,
on file in the office of the City Engineer ("Improvement Work");
and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amounts of One Million
Fifty One Thousand, Five Hundred Dollars ($1,051,500) and Three
Hundred Thousand Dollars ($300,000) for offsite sewer improvements.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED 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; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the city Engineer, all of the public
Improvement Work and/or land development work required to be done
in and adjoining said sUbdivision; and will furnish the necessary
materials therefor, all in strict conformity and in accordance with
the plans and specifications, which documents have heretofore been
filed in the Office of the City Engineer and by this reference are
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incorporated herein and made a part hereof.
2. It is expressly understood and agreed that 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. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the third anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, p:r:ior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, 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 Five Hundred Twenty-Five Thousand Dollars ($525,000) which
security shall guarantee the faithful performance of this contract
by Subdivider and is attached hereto, marked Exhibit "A" and made
a part hereof.
7. Subdivider further agrees to furnish and deliver to the
city of Chula vista 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 Five Hundred Twenty-Five Thousand Dollars ($525,000) to secure
the payment of material and labor in connection with the
installation of said public improvements, which security is
attached hereto, marked Exhibit "B" and made a part hereof and the
bond amounts as contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula vista, simUltaneOUSly with the execution of this
agreement, an approved improvement security from a sufficient
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surety, whose sufficiency has been approved by the City in the sum
of One Hundred Fifty Thousand Dollars ($150,000) for offsite sewer
improvements which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto,
marked Exhibit "c" and made a part hereof.
9. Subdivider further agrees to furnish and deliver to the
City of Chula vista 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 Fifty Thousand Dollars ($150,000) for offsite sewer
improvements to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "0" and made a part
hereof and the bond amounts as contained in Exhibit "0", and made
a part hereof.
10. Subdivider further agrees to furnish and deliver to the
City of Chula vista, 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 Fourteen Thousand Dollars ($14,000) to secure the installation
of monuments, which security is attached hereto, marked Exhibit "E"
and made a part hereof.
11. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by city for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City council at the time of
engaging the work to be performed. upon certification of
completion by the city Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
12. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
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 Chula
vista Municipal Code.
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13. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by city and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
14. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by city,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to city, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
15. It is understood and agreed that 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 acts or omissions
of Subdivider, its agents or employees, or indemnitee, 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 including
attorneys' fees, because of or arising out of acts or omissions of
Subdivider, its agents or employees, or indemnitee, 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 said subdivision and
the public improvements as provided herein. It shall also extend
to damages resulting from diversion of waters, change in the volume
of flow, modif ication 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 City, by said approval, be an
insurer or surety for the construction of the subdivision pursuant
to said 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 the acceptance by the city of the improvements.
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16. Subdi vider agrees to defend, indemnify, and hold harmless
the city or 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, appeal board, or legislative body concerning
a SUbdivision, which action is brought within the time period
provided for in section 66499.37 of the Government Code of the
State of California.
17. In the event that a portion of the Subdivision is
conveyed to EastLake, and EastLake becomes a partial owner of the
SUbdivision, EastLake agrees to the following:
a. EastLake shall comply with all of the terms, conditions
and requirements of paragraphs 1 through 17 of this Agreement and
the Tentative Map Resolution; to do and perform or cause to be done
and performed, at its own expense, without cost to 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
hereinabove described and will furnish the necessary material
therefor, all in strict conformity and in accordance with the
Improvement Plans. EastLake further agrees to install all
monuments within thirty days after the completion and acceptance of
the Improvement Work.
b. EastLake agrees to furnish and deliver to the City, no
later than five days prior to conveyance of a portion of the
Subdivision to EastLake, improvement securities, approved by the
City Attorney, from a sufficient surety, whose sufficiency has been
approved by the City in the amounts described in Exhibits "A", "B",
"C", "0" and "E" to secure the performance of the obligations
described above. EastLake understands that if the Improvement Work
and monuments are not completed within the times set forth in this
Agreement, the sums provided by said improvement securities may be
used by the city for the completion of such improvements as set
forth in paragraph 11 of this Agreement.
c. EastLake and Subdivider understands that until both of the
following occur: a) the above described improvement securities are
received and approved by the city and b) sufficient proof of
EastLake's ownership interest in the subdivision is received by the
city, the City shall not release the improvement securities
provided by the Subdivider. Nothing contained herein shall be
construed to release the SUbdivider from the obligations of this
Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
Mayor of the City of Chula
vista
ATTEST
City Clerk
Approved as to form by
city Attorney
SUBDIVISION IMPROVEMENT AGREEMENT, EASTLAKE SOUTH GREENS, UNIT 23
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FIELDSTONE COMMUNITIES, INC.
a California corporation
(I ,
By: r"'" /'0':. <----
N~me: v - )~f"' , f;~
Tl.tle: jJ"" . -~
:~~"' ~~i#h[cc-
Tl.tle: '
SUBDIVISION IMPROVEMENT AGREEMENT, EASTLAKE SOUTH GREENS, UNIT 23
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8'~" /f/
EASTLAKE DEVELOPMENT COMPANY, a
California General partnership
By: Boswell Properties, Inc., a
California corporation, General
Partner
d~~
By:
Name:
Title:
By:
Name:
Title:
By: The Tulago Company, a
California corporation,
General~tn~r ,
By: ?'a.........F ~
Name:
Title:
By:
Name:
Title:
')
SUBDIVISION IMPROVEMENT AGREEMENT, EASTLAKE SOUTH GREENS, UNIT 23
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
No_ 5907
State of
County of
California
San Diego
On February 28, 1996
DATE
before me, Silvana C. Brazell, notary public
NAME, TITLE OF OFFICER. EG" "JANE DOE, NOTARY PUBLIC"
personally appeared
Paul G. Nieto and Curtis J. Stephenson
NAME(S) OF SIGNER{S)
~ personally known to me - OR - 0 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 ac-
knowledged 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.
I ~ ""~^'. .,,"~ I
- : . '. COMM. #1011951
~ . e NOTARY PUBlIC-CAlIFORNIA n
U . -' SAN DIEGO COUNTY (')
~ ' ~ I r......,y Commission Expires _
..,..c.' FEBRUARY 12, 1998 I
WITNESS my hand and official seal.
A~~f;:o~T
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDtVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
TITI-E(S)
o PARTNER(S)
o LIMITED
o GENERAL
NUMBER OF PAGES
o ATTORNEY,IN,FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSQN(S) OR ENTITY(IES}
~oswell Properties, Inc.
The Tulago Company
SIGNER(S) OTHER THAN NAMED ABOVE
C1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Pari(, CA 91309-7184
ti'A"/~
STATE OF CALlFORNI~ ~ .
COUNTY OF ~j ()
}
}ss.
}
On :2 - ,;z ? -7 0
personally appeared
, before me,
, 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/thetr 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
7IaAJ6~()' (;)vhb
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" ~~~...,:" "ANCV,I I'iE8B -1
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.... - - .....~ ....
rThls area for OfflCI3r notarial seal!
Title of Document
Date of Document
Other signatures not acknowledged
No. of Pages
'i'~/J
3008 (1'94) (General)
First American Title Insurance Company
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance:
Form:
Bond
Amount: $525,700
Exhibit "B"
Improvement security - Material and Labor:
Form:
Bond
Amount: $525,700
Exhibit "C:
Improvement Security - Offsite Sewer,
Faithful Performance:
Form: Bond
Amount: $150,000
Exhibit "0"
Improvement Security - Offsite Sewer,
Material and Labor:
Form: Bond
Amount: $150,000
Exhibit "E"
Improvement Security - Monuments:
Form: Bond
Amount: $ 14,000
securities approved as to form and amount by
city Attorney
Improvement Completion Date:
Three (3) years from date of
Council approval of the
Subdivision Improvement
Agreement.
SUBDIVISION IMPROVEMENT AGREEMENT, EASTLAKE SOUTH GREENS, UNIT 23
M:\Shared\Attorney\Eastlk23
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Y"'I'I
RESOLUTION NO. jr~f
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR EASTLAKE SOUTH
GREENS, UNIT 23 REQUIRING DEVELOPER TO COMPLY
WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTIONS NO. 15200 AND 18176 AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, the developer for Eastlake South Greens unit 23
has executed a Supplemental Subdivision Improvement Agreement
(SSIA) which includes a provision reflecting the recommended terms
for deferral of improvements; and
WHEREAS, if Council wishes to change the above listed
street improvement construction phasing requirements, the relevant
provision in the SSIA will need to be amended; and
WHEREAS, the developer has reached agreement with the
city to clarify the type and timing of park facilities to be
provided to satisfy the Eastlake Greens parkland requirements for
this Property per Conditions 35 & 40 of Resolution 18176; and
WHEREAS, previous SSIA' s for units in Eastlake South
Greens obligate the developer to participate with regard to these
units in whatever solution the city implements to resolve the issue
regarding required park facilities; and
WHEREAS, the SSIA contains provisions in which the
developer agrees to meet a grading and construction schedule for
the 10-acre (useable) public park (P-3) and the 3.3 gross acre
private park adjacent to unit 12; and
WHEREAS, the provision also obligates the developer to
process an update to the Public Facilities Financing Plan to
reflect this requirement and the Developer has delivered bonds in
the amount of $1,949,000 to guarantee the construction of the
public park improvements and has submitted, by separate document,
an irrevocable offer of dedication for the public park site (P-3);
and
WHEREAS, the SSIA also includes provisions to satisfy the
following conditions (the recital of said conditions herein is not
intended to modify or interpret the same):
1. Condition No. 30 of Resolution No. 15200 requires the
Developer to enter into an agreement whereby the developer
agrees that the city may withhold building permits for any
units in the subdivision if traffic on Otay Lakes Road,
Telegraph Canyon Road, Eastlake Parkway, or East "H" Street
1
88'/
exceed the levels of service identified in the City's adopted
thresholds.
2. Condition No. 31c of Resolution No. 15200 requires the
Developer to enter into an agreement wherein Developer agrees
to not protest formation of an assessment district for the
construction of street improvements to connect Orange Avenue
and Palomar street to existing improvements to the west of the
subdivision.
3 .
General Condition "c" of Resolution No. 18176 requires
Developer to comply and remain in compliance with
previously adopted conditions of approval pertinent to
project.
the
all
the
4. Condi tion No. 18 of Resolution No. 18176 requires the
Developer to enter into an agreement whereby the developer
agrees that the city may withhold building permits for any
units in the subject subdivision if traffic volumes exceed the
levels of service identified in the city's adopted thresholds.
5. Condition No. 19 of Resolution No. 18176 requires the
Developer to enter into an agreement to indemnify and hold
harmless the City from any claims, actions or proceedings
against the City to attack, set aside, void or annul any
approval by the city with regard to the subject subdivision.
6. Condition No. 20 of Resolution No. 18176 requires the
Developer to enter into an agreement to indemnify and hold
harmless the City from any liability for erosion, siltation,
or increased flow of drainage resulting from the subject
subdivision.
7. Condition No. 21 of Resolution No. 18176 requires the
developer to enter into an agreement with the City relating to
the provision of franchise cable television services.
8. Condition No. 22 of Resolution No. 18176 requires the
developer to enter into an agreement with the city to provide
a noise study addressing noise impacts generated by major
streets surrounding the project and to implement any measures
necessary to mitigate noise impacts to acceptable levels prior
to issuance of building permits.
9. Condition No. 23 of Resolution No. 18176 requires the
developer to enter into an agreement to provide decorative
fencing per established EastLake fence design, along the rear
property lines of lots 45 and 46.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Eastlake South Greens unit 23
2
8' (J .. ;J..
requiring developer to comply with certain unfulfilled conditions
of Resolutions No. 15200 and 18176, a copy of which is on file'~
the office of the City Clerk as Document No.____.
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 of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
Clv--- ~_ ~
Bruce M. Boogaard, City
Attorney
c:\RS\elsg23.FM
3
f1tJ'J~ f
RECORDING REQUESTED BY:
City clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Conditions 3, 30 and
General Condition "C" 18, 19,
Resolution 18176);
31 of Resolution 15200; Conditions
20, 21, 22, 23, 26, 33, 35 and 40 of
This Supplemental Subdivision Improvement Agreement ("Agree-
ment") is made this _ day of , 199 , by and between THE
CITY OF CHULA VISTA, California ("city" or "Grantee" for recording
purposes only) Fieldstone communities a general partnership
("Developer" or "Grantor"), and EastLake DEVELOPMENT COMPANY,
("EastLake"), with reference to the facts set forth below, which
recitals constitute a part of this Agreement:
RECITALS
1. This Agreement concerns and affects certain real property
located in Chula Vista, California, more particularly described on
Exhibit RA" attached hereto and incorporated herein ("Property").
The Property is part of a project commonly known as EastLake South
Greens unit 23. For purposes of this Agreement the term "Project"
shall mean "Property".
2. Developer is the owner of the Property.
3. EastLake is the beneficiary under a deed of Trust for the
Property, recorded as File No. of Official
Records, and is the holder of certain repurchase rights under
1
B'O.f
agreements recorded
Official Records.
as File No's
of
4. EastLake has applied for and the city has approved a
Tentative Subdivision Map commonly referred to as EastLake South
Greens unit 23, Tract 96-03 ("Tentative Subdivision Map") for the
subdivision of the Property.
5. The City has adopted Resolution No. 15200 and subsequent
Resolution Nos. 17618 and 18176 ("Resolutions") pursuant to which
it has approved the Tentative Subdivision Map subject to certain
conditions as more particularly described in the Resolutions. The
description of the conditions in this recital section of this
Agreement is intended only to summarize and paraphrase such
conditions in the Resolutions, and is not intended herein to modify
or explain them, and is not intended as a basis for interpreting
them.
A. Condition No.3 of Resolution No. 15200 requires developer
to guarantee construction of improvements prior to approval of a
final map for each phase and to construct the improvements prior to
issuance of any building permits for a subsequent phase Specifi-
cally, Condition No. 3 requires the construction of East Orange
Avenue from Hunte Parkway to the westerly subdivision boundary and
Hunte Parkway from South Greensview to East Orange Avenue with
development of Phase 3 and E. Palomar, as set forth more particu-
larly in Resolution No. 15200.
B. Condition No. 30 of Resolution No. 15200 requires
developer to enter into an agreement whereby the developer agrees
that the City may withhold building permits for any units in the
subject subdivision if traffic on Otay Lakes Road, Telegraph Canyon
Road, EastLake Parkway, or East "H" Street exceed the levels of
service identified in the City's adopted thresholds.
C. Condition No. 31 of Resolution 15200 requires developer to
agree to not protest formation of an assessment district for the
construction of street improvements to connect Orange Avenue and
Palomar Street to existing improvements to the west of the subject
improvements as projects in the Eastern Territories Development
Impact Fee system.
D. General Condition "c" of Resolution 18176 requires the
developer to comply and remain in compliance with and implement the
terms, conditions and provisions of EastLake Greens Sectional
Planning Area (SPA), EastLake Greens Planned Community Regulations,
the EastLake Greens Development Agreement, the Water Conservation and
the Air Quality Plan, Design Guidelines and the Public Facilities
Financing Plan.
E. Condition No. 18 of Resolution No. 18176 requires the
developer to enter into an agreement with the City whereby:
2
YO""
L The developer agrees the city may withhold building
permits for any units in the subject subdivision if either one of the
following occur:
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. The required public facilities, as identified in the PFFP
or as amended 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 construc-
tion of improvements affected. In such case, the PFFP may be amended
as approved by the city Planning Director and Public Works Director.
F. Condition No. 19 of Resolution No. 18176 requires that the
developer 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
the City, including approval by its agents, officers or employees
with regard to this subdivision pursuant to section 66499.37 of the
Map Act 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.
G. Condition No. 20 of Resolution No. 18176 requires the
developer to agree to hold the city harmless from any liability for
erosion, siltation or increase flow of drainage resulting from this
project.
H. Condition No. 21 of Resolution No. 18176 requires the
develo~er to agree to insure that all franchised cable television
compan~es ("Cable company") are permitted equal opportunity to place
conduit and provide cable television service to each lot within the
subdivision and restrict access to the conduit to only those
franchised cable television companies who are, and remain in compli-
ance 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
I. Condition No. 22 of Resolution 18176 requires developer to
provide a noise study addressing noise impacts generated by major
streets surrounding the project (South Greensview) and implement any
measures necessary to mitigate noise impacts to acceptable levels
prior to issuance of building permits.
3
8'tf' 7
J. condition No. 23 of Resolution No. 18176 requires the
developer to agree to provide decorative type fencing, per estab-
lished EastLake fence design, along the rear property lines of lots
45 and 46. Said fencing should be integrated with the design of lot
55 exterior fence and front fence of lot 56.
K. Condition No. 26 of Resolution No. 18176 requires EastLake
to reduce the assessment district debt on the property if the land
use intensity decreases from that assumed during district formations.
L. Condition No. 33 of Resolution No. 18176 requires the
developer to grant off-site easements to the City for construction
and maintenance of off-site public storm drain and sewer facilities.
M. Condition No. 3S of Resolution No. 18176 requires the
developer to provide evidence of compliance with parkland dedication
and park improvement requirements.
N. Condition No. 40 of Resolution No. 18176 requires the
developer to provide a construction schedule with trigger points for
the construction of parks P-3 and P-5 as identified in the amended
EastLake SPA Plan.
There are certain other unperformed and unfulfilled conditions
of said Tentative Map.
city is willing, on the premises, security, terms and conditions
herein contained to approve the final map for which Developer has
applied as being in substantial conformance with the Tentative
Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms and
conditions herein contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent owners.
1.1 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.
1.2 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, described
as EastLake Community Park, more particularly described as Lot 2 of
Map No. 12544, recorded January 26, 1990. 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 Property upon the sale of any lot improved
4
rtJ..r
with a residence, provided however, the City determines that the
effect of such release, or in conjunction with previous releases,
will not jeopardize the completion of the improvements or other
obligations remaining under this Agreement. If the city determines
that the release will not jeopardize said obligations, the city
shall execute a quitclaim releasing the Burden of this Agreement
from the title to any such lots. As to any lots which have not been
released, the Burden of this Agreement shall continue to encumber
such lots and shall be binding upon, and run with, the ownership of
such lots until such lots are released.
a. Release on Guest Builder Assignments. If the owner
of the Property assigns any portion of the Project, the owner may
have the right to obtain a release of any of the owner's obligations
under this Agreement, provided the owner obtains the prior written
consent of the city to such release. Such assignment shall, however,
be subject to this Agreement and the Burden of this Agreement shall
remain a covenant running with the land. The City shall not withhold
its consent to any such request for a release so long as the assignee
acknowledges that the Burden of the Agreement runs with the land,
assumes the obligations of the owner under this Agreement, and
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.
b. Partial Release of Developer's Assignees. If the
owner of the Property assigns any portion of the Project subject to
the Burden of this Agreement, upon request by the owner or its
assignee, the City shall release the assignee of the Burden of this
Agreement as to such assigned portion if such portion has complied
with the requirements of this Agreement and such partial release will
not, in the opinion of the City, jeopardize the likelihood that the
remainder of the Burden will not be completed.
2. Compliance of Conditions:
2.1 Condition No.3 of Resolution No. 15200 - In satisfac-
tion of Condition No. 3 of Resolution No. 15200, EastLake shall do
all of the following:
a. EastLake shall provide all of the fallowing items
to the City by the earlier of: a) the approval of the final map
for EastLake Greens unit 10; or b) upon the city's issuance of any
permit or approval for the construction of any of the improvements
described below:
1. Bond(s), approved by the city Engineer, to
guarantee construction of full street improvements for the segment
of East orange Avenue from Hunte parkway to the westerly subdivi-
sion boundary ("East Orange Ave Segment"). The amount of said bond
shall be 110% times a construction cost estimate approved by the
city Engineer if improvement plans have been approved by the city,
5
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150% times the approved cost estimate if improvement plans are
being processed by the City, or 200% times the construction cost
estimate approved by the City Engineer if improvement plans have
not been submitted for city review; and
2. Bond(s), approved by the City Engineer, to
guarantee construction of full street improvements for the segment
of Hunte Parkway from South Greensview to East Orange Avenue
("Hunte Parkway Improvement"). The amount of said bonding shall be
110% times the construction cost estimate approved by the city
Engineer; and
3. An irrevocable offer(s) of dedication ("IOD-
s") for right of way and temporary construction easements necessary
to construct the East Orange avenue Segment and the Hunte Parkway
Improvement.
b. EastLake agrees to commence construction of
interim improvements for East orange Avenue upon the earliest of:
a) final map approval for the EastLake Greens II Expansion Area, as
shown on the "EastLake Greens Public Facilities Financing Plan
Project Components Plat"; or b) "construction commencing" on the
segment of SR125 from otay Lakes Road to East Orange Ave; or c)
"construction commencing" on the segment of East Orange Avenue from
SR125 to the EastLake Greens westerly subdivision boundary; or d)
within five years from execution of this Agreement. (For purposes
of this paragraph, the term "construction commencing" shall mean
when a construction contract has been awarded for the improvement.)
The interim improvements EastLake is required to construct shall
include but not be limited to the following; median island curbs
and site drains, median landscaping and irrigation, street lights,
20-foot wide pavement on either side of the median island, curb
inlets, and asphalt concrete swales directing drainage to curb
inlets. EastLake shall complete construction of said interim
improvements within three (3) years after commencing construction
on the same.
c. EastLake shall commence construction of the
remaining full street improvements on the north half of the East
Orange Avenue Segment and an additional twelve (12) foot lane on
the south half of said Segment by the earlier of: a) traffic on
said street exceeding 12000 ADTs (average daily trips); or b)
within five years from the execution of this Agreement.. EastLake
shall complete construction of the remaining full street improve-
ments and the 12 foot lane within three (3) years after commencing
construction on said improvements.
d. EastLake shall commence construction of the full
street improvements for the Hunte Parkway Improvement upon the
earliest of: a) "construction commencing" on the segment of East
Orange Avenue from Hunte parkway to the Olympic Training Center; or
b) "construction commencing" on the segment of East Orange Avenue
6
8'B'/P
from Hunte Parkway to the westerly subdivision boundary; or c)
within five years from execution of this Agreement. EastLake shall
complete construction of the full street improvements within three
(3) years after commencing construction on said improvement.
e. EastLake shall commence construction of East
Palomar street prior to the approval of the final map for EastLake
Greens, unit 26 (the proposed affordable housing site) or the
issuance of any development permit for unit 26, whichever occurs
first. EastLake shall provide the City with improvement securities
approved by the City Engineer to guarantee the construction of East
Palomar street prior to the city's issuance of any permit for
construction of said improvement.
2.2 Condition No. 30 of Resolution No. 15200. In satis-
faction of Condition No. 30 of Resolution 15200, Developer and
EastLake agree that the city may withhold building permits for any
units in the subject subdivision if traffic on otay Lakes Road,
Telegraph canyon Road, EastLake Parkway, or East "H" street exceed
the levels of service identified in the City's adopted thresholds.
2.3 Condition No. 31 of ReSOlution 15200. In satisfaction
of Condition No. 31 of Resolution 15200, developer and EastLake
agree to not protest formation of a district for the maintenance of
landscaped medians and parkways along streets within and adjacent
to the subject property and to not protest formation of an assess-
ment district for the construction of street improvements to
connect orange Avenue and Palomar street to existing improvements
to the west of the subject improvements as projects in the Eastern
Territories Development Impact Fee system.
2.4 General Condition "c" of Resolution 18176. In
satisfaction of General Condition "C" of Resolution 18176, the
Developer and EastLake agree to comply and remain in compliance
with and implement the terms, conditions and provisions of EastLake
Greens Sectional Planning Area (SPA), EastLake Greens Planned
community Regulations, the EastLake Greens Development Agreement,
the Water Conservation and the Air Quality Plan, Design Guidelines
and the Public Facilities Financing Plan.
2.5 Condition No. 18 of Resolution No. 18176. In satis-
faction of Condition No. 18 of Resolution No. 18176, Developer and
EastLake agree:
A. That the City may withhold building permits for any
units in the subject subdivision if either one of the following
occur:
1. Regional development threshold limits set by the
East Chula vista Transportation Phasing Plan have been reached.
2. Traffic volumes, levels of service, public
7
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utilities and/or services exceed the adopted city threshold stan-
dards.
B. The required public facilities, as identified in
the PFFP and Condition No. 3 of Table I of Resolution 15200 or as
amended or otherwise conditioned have not been completed or con-
structed to the 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 City
Engineer.
2.6 Condition No. 19 of Resolution No. 18176. In satis-
faction of Condition No. 19 of Resolution No. 18176 Developer and
EastLake 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 the City, including approval by its agents, officers or
employees with regard to this subdivision pursuant to Section
66499.37 of the Map Act provided the city promptly notifies EastL-
ake of any claim, action or proceeding and on the further condition
that the City fully cooperates in the defense.
2.7 Condition No. 20 of Resolution No. 18176. In satis-
faction of Condition No. 20 of Resolution No. 18176 Developer and
EastLake agree to hold the city harmless from any liability for
erosion, siltation or increase flow of drainage resulting from this
project.
2.8 Condition No. 21 of Resolution No. 18176. in satisfac-
tion of Condition 21 of Resolution 18176 Developer and EastLake
agree to permit all cable television companies franchised by the
City of Chula vista equal opportunity to place conduit to and
provide cable television service for each lot or unit within the
Project. Developer and EastLake further agree to grant, by license
or easement, and for the benefit of, and to be enforceable by, the
City of Chula Vista, conditional access to cable television conduit
within the properties situated within the Project only to those
cable television companies franchised by the City of Chula vista
the condition of such grant being that (a) such access is coordi-
nated with Developer'S and EastLake'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 of Chula
vista. Developer and EastLake hereby convey to the City of Chula
8
f"LJ -/.2.
vista the authority to enforce said covenant by such remedies as
the city determines appropriate, including revocation of said grant
upon a determination by the city of Chula vista that said cable
television companies have violated the conditions of the grant.
2.9 Condition No. 22 of Resolution 18176. In satisfaction
of Condition No. 22 of Resolution No. 18176, Developer and EastLake
agree to provide a noise study addressing noise impacts generated
by major streets surrounding the Project (South Greensview) and
implement any measures necessary to mitigate noise impacts to
acceptable levels as identified in said study prior to issuance of
building permits for the Project.
2.10 Condition No. 23 of Resolution 18176. In satisfaction
of Condition No. 23 of Resolution No. 18176, Developer and EastLake
agree to provide decorative type fencing, per EastLake fence
design, along the rear property lines of lots 45 and 46. Said
fencing shall be integrated with the design of lot 55 exterior
fence and front fence of lot 56.
2.11 Condition No. 26 of Resolution 18176. In satisfaction
of Condition 26 of Resolution 18176, EastLake has submitted to the
City of Chula vista a letter of credit in lieu of cash. EastLake
agrees that the City may, at its sole discretion, draw on the
letter of credit (No. LASB-227823, dated February 20, 1996, in the
sum of $952,000) to buy down bonded indebtedness in Assessment
District Nos. 94-1, 91-1 and 90-3.
2.12 Condition No. 33 of Resolution 18176. In satisfaction
of Condition No. 33 of Resolution 18176 the Developer and EastLake
agree to grant offsite storm drain and sewer easements to the City
for the maintenance of off site storm drain and sewer facilities
necessary to serve the Property as shown on Chula vista Drawing
Nos. 95-205, 96-07 and 96-26 through 96-29. Developer and EastLake
further agree that the city may withhold issuance of building
permits for Project until construction of said storm drain and
sewer facilities is completed and said storm drain and sewer
easements are granted to the city.
2.13 Condition Nos. 3S , 40 of Resolution 18176. In satis-
faction of Conditions 35 & 40 of Resolution 18176, EastLake has
delivered to the city, an irrevocable offer of dedication for 10
net usable acres of parkland for public use, as usable is deter-
mined by the city, located within EastLake Greens, Phase 3 at the
site identified as the P-3 Community Park ("P-3 Park"). EastLake
further agrees to construct park improvements for the P-3 Park in
accordance with the requirements of the City's landscape Manual and
as approved by the Director of Parks and Recreation ("P-3 park
Improvements"). EastLake shall provide by March 1996, for the
Parks and Recreation Director's approval, the estimated cost for
construction of the P-3 Park Improvements, adjusted for the com-
pounded effect of inflation as measured by the 20 city Average
9
1'$'1.3
building cost prices recorded in the National Engineering New
Record Construction Cost Index for three years commencing March,
1996 ("Estimated Costs").
EastLake has delivered an improvement security in the amount
of $1,948,750.00 for park improvements. Further, Eastlake agrees
to provide the City with improvement securities in an amount of
125% of the Estimated Costs of the P-3 Park Improvements, from a
sufficient surety, whose sufficiency has been approved by the City
by March 31, 1998.
EastLake agrees to pay the city any shortfall between the
total costs incurred to complete the work and the proceeds from any
improvement securities, which includes but is not limited to, cost
of design, administration of construction, and attorneys' fees and
court costs incurred by the City in order to obtain such shortfall
amounts.
EastLake agrees to complete grading of the P-3 Park site by
March 31, 1996 and complete construction of the P-3 Park Improve-
ments by March 31, 1999. EastLake agrees to commence construction
of said improvements by March 31, 1998. if the P-3 Park Improve-
ments are not completed within the time specified above, the sums
provided by the improvement securities for such improvements may be
used by the city for the completion of P-3 Park Improvements.
EastLake further agrees to complete grading of the 3.3 gross
acre private park (P-5) no later than March 31, 1996 and complete
construct of improvements for said park by the earlier of the
issuance of the 1, 666th building permit for EastLake Greens or
March 31, 1997.
2.14 Satisfaction of Conditions. city agrees that the
execution of this Agreement constitutes satisfaction of Developer's
and EastLake's obligation of Conditions 3,30 and 31 of Resolution
No. 15200, and Conditions "C",18, 19, 20, 21, 22, 23, 26, 33,35
and 40 of the Resolution No. 18176
2.15 compliance With Unfulfilled Conditions. Developer and
EastLake agree to comply with all 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.
3. Recording. This Agreement, or an abstract hereof prepared
by either or both parties, may be recorded by either party.
4. No Waiver of Park obligations. The signing of this
Agreement and the approval of this Final Map shall not be consid-
ered a waiver of the positions held by either the City or EastLake
with respect to the park improvement obligations of the EastLake,
including but not limited to, the dedication of parkland, the
construction of the Community Center and Gym or such other park
10
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improvements, as set forth in Condition No. 39 of Resolution 15200,
the EastLake Park Agreement, EastLake Greens Development Agreement,
EastLake Greens III Development Agreement and such other agreements
that EastLake may have assumed the obligations thereof.
5. Miscellaneous.
5.1 Notices. Unless otherwise provided in this Agreement
or by law, any and all notices required or permitted by this
Agreement or by law to be served on or delivered to the parties
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.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 92010
Attn: Director of Public Works
Developer:
FIELDSTONE COMMUNITIES
5465 Morehouse Drive
suite #250
San Diego, California 92121
Attn: Jim Hansen
EastLake DEVELOPMENT COMPANY
900 Lane Avenue
suite #100
Chula Vista, California 91914
Attn: William T. Ostrem
Vice President
A party may change such address for the purpose of this paragraph by
giving written notice of such change to the other party in the manner
provided in this paragraph. Facsimile transmission shall constitute
personal delivery.
5.2 captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
5.3 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/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other
agreement between the parties unless expressly noted.
11
~B" IS
5.4 preparation of Agreement. No inference, assump-
tion or presumption shall be drawn from the fact that a party or
their attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that the parties participated equally in the
preparation and/or drafting this Agreement.
5.5 Recitals; Exhibits. Any recitals set forth above
are incorporated by reference into this Agreement.
5.6 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.
12
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first hereinabove set forth.
By: CITY OF CHULA VISTA
Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form
Bruce M. Boogaard, City Attorney
Date:
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
RE: PART OF A PROJECT KNOWN AS EASTLAKE SOUTH GREENS, UNIT 23
13
~~
FIELDSTONE COMMUNITIES, INC.
a California corporation
By: cJ:;'" r&l.:::Jd "-
Name: / ..J.-- "//.7 /..//.fl1>~--"
Title{ /L,' Jcc_
~~~~,~~
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
RE: PART OF A PROJECT KNOWN AS EASTLAKE SOUTH GREENS, UNIT 23
14
8'B'/Y
EASTLAKE DEVELOPMENT COMPANY,
a California General partnership
By: Boswell Properties, Inc., a
California corporation, General
Partner ~ .
By:' ~~ ~-d
Name: - f-I'NI_" AileTO
Title: ?
By:
Name:
Title:
By:
Name:
Title:
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
RE: PART OF A PROJECT KNOWN AS EASTLAKE SOUTH GREENS, UNIT 23
15
g'O-I,
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
No 5907
State of California
County of San Diego
On
February 28, 1996
DATE
before me, Silvana C. Brazell, notary public
NAME, TITLE Of OFFICER. EG, "JANE DOE. NOTARY PUBLIC'
personally appeared
Paul G. Nieto and Curtis J. Stephenson
NAME(S) OF SIGNER(S)
~ personally known 10 me - OR - 0 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 ac-
knowledged 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.
)@"SILVANAC'BRAZELL I
- '. COMM.t11011951 ~
. NOfAllY PUllLICCALFORNIA
- SAN DIEl;lCl COUNTY
~, My Commission Expir.. -
>> .' FEBRUARY 12, 1998 ,
WITNESS my hand and official seal.
;X{j~(UM-L~R~~~
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o iNDIVIDUAL
o CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
T1TLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
NUMBER OF PAGES
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(Sl OR ENTITY(IES\
_EloswellJ2'ope/"ties,_ Inc.,_
-The Tula92-CQmpa~ _ ---
SIGNER(S) OTHER THAN NAMED ABOVE
<01993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave_. P,O, Box 7184. Canoga Park, CA 91309~7184
8'P'.;..p
~'\
,~
~
STATE OF CALlFORN~ L .
COUNTY OF ~JO
}
)ss,
}
On
;)-;< 7-Cj0
, before me,
'--)/~. ~. CJw6
k.- r~
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 '---71t1AJ) '0' {Do~
yc-,...,..""".........................~
_(......~.,~. """CYJ WEBB
c:- -y ~ ~~ COMM m
"""" - . -,~ .' . #1021917 0
U ~'~':r.,' .. 1.J0-r,6.!"lY PI)BiJC-C,AUF,O"~"'A -l
C) " ,- . ~AN D!U3G Cr!L:.....y C;
~ '.,::. I)Y(,,_4rT1 E~f""QeJ,,"r,'" -.(l0~ '
~~ ~
'" _ " ..... ~ ..., __ ...,. ':;r ~
!Thi~ area 10' ofilCla! notarial seal!
Title of Document
Date of Document
Other signatures not acknowledged
No, of Pages
i'1l "".2. /
3008 (1 '94) (General)
First American Title Insurance Company
EXHIBIT "A"
Property Description
PARCEL 1 OF PARCEL MAP NO. 17644, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
JANUARY 26, 1996 AS FILE NO. 1996-0041318 OF OFFICIAL RECORDS.
C:\Ag.t\Elg23.8up
16
8'8 -:J. ;l..
COUNCIL AGENDA STATEMENT
ltem--2-
Meeting Date 3/05/96
Public Hearing on the Chula Vista Transportation Improvement Program for the next seven
fiscal years
Jr:J.u,
Resolution Adopting the Seven- Year TransNet Local Street and Road Program
of Projects for Fiscal Years 1996-97 through 2002-2003 and approving the submittal of
Chula Vista's Transportation Improvement Program to the San Diego Association of
Governments (SANDAG) for inclusion in the Regional Transportation Improvement
Program (RTIP)
SUBMITTED BY: Director of Public Works ~~
REVIEWED BY: City Manager '(-1I^,\i,1JJI"I\
V "'I f2'V \ . y'
ITEM TITLE:
(4/5ths Vote: Yes_NoX)
The San Diego Regional Transportation Improvement Program (RTIP) is a seven-year program (fiscal years 1996-
1997 through 2002-2003) of proposed major highway, arterial, transit, bikeway, and aviation projects, The annual
development and approval ofthe RTIP by the San Diego Association of Governments (SANDAG) is a requirement
for the continued receipt of State and Federal transportation project funding. The "Proposition' A' TransNet
Transportation I mprovement Program - Ordinance and Expenditure Plan" also requires that all proposed projects
funded with TransNet funds be included in the Regional Transportation Improvement Program (RTIP), Said
Proposition was enacted by the voters of San Diego County on November 3, 1987. Proposition' A' is a Y, percent
increase in the County-wide sales tax lasting 20 years for specified transportation programs and projects. One third
of the revenues are specified I')f allocation to the local agencies for local street and road purposes. The other two
thirds will be equally shared for two additional primary purposes: Regional Highway and Public Transit
improvements, SANDAG administers the program County-wide,
RECOMMENDATION: That Council conduct the public hearing and upon its completion approve a resolution
adopting the City's RTIP Program and approve its submittal to SANDAG.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable,
DISCUSSION:
The Proposition' A' Ordinance and Expenditure Plan states that the revenue generated by the sales tax measure will
be used solely for transportation improvement projects in accordance with the following priorities:
I, To repair and rehabilitate existing roadways.
2. To reduce congestion and improve safety.
3, To provide for the construction of needed facilities.
In accordance with said priorities, the proposed RTlP/TransNet Expenditure Plan was prepared as shown on Table
I (attached), Tables 2 and 3 (attached) show projected revenues and expenditures for corresponding fiscal years.
Chula Vista's total revenues as projected by SANDAU over the next seven fiscal years are estimated to be $18. I 5
9"/
Page 2, Item ~
Meeting Date 3/05/96
million, The City has the option to amend the RTIP in 1997 when new projections become available. Based on
future interest earnings and changes in the projccts. an amendment will be necessary to eliminate the negative
carryover balance for FY 1997/98. The positive balance at thc end of FY 2002/2003 will be carried over to FY
2003/2004, The proposed RTlP is consistent with the City's CIP program and includes eight projects utilizing
TransNet funds in Fiscal Years 1996-97 through 2002-03, The projects and their corresponding amounts are
programmed as follows:
PROJECT AMOUNT FISCAL YEAR
L Otay Valley Road, additional funds' $201.000 1996-97
2 Broadway, Naples to Anita, additional $460.000 1996-97
funds'
" Main Street, Industrial to Broadway - I $2,039.000 1996-97
~.
4. Main Street, Industrial to Broadway - II $2,786,000 1997-98
5. Palomar Street, 1-5 to Industrial $854.000 1998-99
6. "E" Street, [-5 to Broadway $767.000 1998-99
7, Main Street. Broadway to Third $4.500.000 1998-99 thru 2000-0]
8, Main Street. Third to Hilltop $5.000.000 2000-0] thru 2002-03
TOTAL $16,607,000
, Approved by the City Council and Redevelopment Agency on February 6, 1996,
2 Latest estimate based on approved plans and specifications,
The projects as listed in terms of priority involve widening and extensive reconstruction including but not limited
to: installation of asphalt concrete pavement. curb, guttcr. sidewalks, street lights, drainage facilities. etc. All eight
projects have been approved in previous RT[Ps, Table 4 (attached) includes a project information form for each
of the eight projects. Table 5 lists all the TransNet projects that have been completed since the inception ofthe
program. The deadline for local agency project submittals of the 1996-03 RTIP to SANDAG is March 15. 1996.
SANDAG will distribute the draft RTIP for review and comment in the latter part of April] 996, Adoption of the
final RTIP is scheduled for SANDAG Board of Directors action at its meeting of June 28, 1996.
FISCAL IMPACT: TransNet sales tax revenues totaling approximately $16,607,000 to be allocated to the City
ofChula Vista for Fiscal Years 1996-97 through 2002-03,
SMN:rb
File No, 0390-50-KYI74
M:\HOME\ENGINEER\AGENDAIRTIPHRG ],SMN
9-,)"
RESOLUTION NO.
Ir~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE SEVEN-YEAR TRANSNET
LOCAL STREET AND ROAD PROGRAM OF PROJECTS FOR
FISCAL YEARS 1996-97 THROUGH 2002-2003 AND
APPROVING THE SUBMITTAL OF CHULA VISTA'S
TRANSPORTATION IMPROVEMENT PROGRAM TO THE SAN
DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR
INCLUSION IN THE REGIONAL TRANSPORTATION
IMPROVEMENT PROGRAM (RTIP)
WHEREAS, the San Diego Regional Transportation
Improvement Program (RTIP) is a seven-year program (fiscal years
1996-1997 through 2002-2003) of proposed major highway, arterial,
transit, bikeway, and aviation projects; and
WHEREAS, the annual development and approval of the RTIP
by the San Diego Association of Governments (SANDAG) is a require-
ment for the continued receipt of State and Federal transportation
project funding; and
WHEREAS, the "Proposition 'A' TransNet Transportation
Improvement Program - Ordinance and Expenditure Plan" also requires
that all proposed projects funded with TransNet funds be included
in the Regional Transportation Improvement Program (RTIP); and
WHEREAS, said proposition was enacted by the voters of
San Diego County on November 3, 1987 and is a ~ percent increase in
the County-wide sales tax lasting 20 years for specified
transportation programs and projects; and
WHEREAS, one third of the revenues are specified for
allocation to the local agencies for local street and road purposes
and the other two thirds will be equally shared for two additional
primary purposes: Regional Highway and Public Transit improvements.
SANDAG administers the program County-wide.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby adopt the Seven-Year TransNet Local
Street and Road progrm of Projects for Fiscal Years 1996-97 through
2002-2003 and approving the submittal of Chula vista's Transpor-
tation Improvement Program to the San Diego Association of
Governments (SANDAG) for inclusion in the Regional Transportation
Improvement Program (RTIP).
Presented by
~." to
Bruce M. Boogaard, ity
Attorney
John P. Lippitt, Director of
Public Works
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9-7
TABLE 3
1996 - 03 RTIP REVENUE / EXPENDITURE TABLE
FY
REVENUE
AMOUNT
PROPOSED
EXPENDITURE
AMOUNT
YEAR-END
BALANCE
96 $528,000
97 $2,172,000 $2,700,000 $0
98 $2,292,000 $2,786,000 ($494,000)
99 $2,417,000 $1,921,000 $2,000
00 $2,565,000 $725,000 $1,842,000
01 $2,719,000 $4,207,000 $354,000
02 $2,898,000 $900,000 $2,352,000
03 $3,088,000 $3,368,000 $2,072,000
TOTALS
$18,151,000
$16,607,000
YEAR - END BALANCE INCLUDES CARRYOVER FROM PREVIOUS FISCAL YEAR
(C:\RTIPEXP2.\fvB1)
9-1'
Table 4
1996-03 REGIONAL TIP PROJECT INFORMATION FORM
Regionally Significant Capacity Increasing Projects
Agency:
Prepared By:
City of Chula Vista Date:
Samir M. Nuhaily, Civil Engineer Phone:
2/20/96
691-5173
Project Name:
Limits (to/from):
Otay Valley Road
Between 1-805 and the Easterly City Limits
Project Length: 1.93
Miles ~ Kilometers _ (To Nearest 1/10 milelkilometer)
Description: Otay Valley Road requires widening from 2 to 6 lanes in order to
accommodate increasing traffic flows from ongoing development in the Dtay Valley
area~ as well as the Gtay Mesa and Gtay Ranch areas.
1) Provide design concept and scope including all capacity improvement facilities and limits.
2} Either draw on reverse or anach figure showing before and atter condition Including lane diagram, interchange or ramp configuration,
intersection and traffic signal locations, etc.
Engineering
Right-at-Way
Construction $ 200,800
Total $200.800
_ 1996 $ ~ Esc.lFuture $ (Check One)
Funding Sources:
Federal
State
TransNet $200.800
Local
(Identify committed funds with asterisk)
Estimate Cost:
Schedule:
Start Construction
2-94
(Month - Year)
Open To Traffic 12-96
(Month - Year)
.. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED.'
9"9
Table 4
1996-03 REGIONAL TIP PROJECT INFORMATION FORM
Regionally Significant Capacity Increasing Projects
Agency:
Prepared By:
City of Chula Vista
Date:
Samir M. Nuhaily, Civil Engineer Phone:
2/20/96
691-5173
Project Name: Broadway
Limits (to/from): Between Naples and Anita Streets
Project Length: 0.85
Miles ~ Kilometers _ (To Nearest 1/10 mile/kilometer)
Description: Reconstruction/resurfacing of Broadway between Naples and Anita
Streets. In addition, the project involves replacing existing medians where
necessary. Traffic signal interconnection and widening at Palomar Street to
accommodate dual left turn lanes.
A 2" AC overlay is recommended to bring the surface condition to a desirable level
of service. Installation of missin2 curb and 2utter is required to provide adeauate
drainage.
1} Provide design concept and scope including all capacity improvement facilities and limits.
2) Either draw on reverse or attach figure showing before and after condition Including lane diagram, interchange or ramp configuration,
intersection and traHlc signal locations. etc.
Estimate Cost:
Engineering
Right-Ol-Way
$266,000
$116,500
Funding Sources:
Federal
State
TransNet $ 7.791\. 'i00
Local
(Identify committed funds with asterisk)
Construction $ 2.416.000
Total $2.791\.500
_ 1 996 $ ~ Esc./Future $ (Check One)
Schedule:
Start Construction
07-96
(Month - Year)
Open To Traffic 06-97
(Month - Year)
.. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED"
9./1/
Table 4
1996-03 REGIONAL TIP PROJECT INFORMATION FORM
Regionally Significant Capacity Increasing Projects
Agency: City of Chula Vista
Prepared By: Samir Nuhailv. Civil Engineer
Date: 2/20/96
Phone: 691-5173
Project Name: Main Street
Limits (to/from): Between Industrial Blvd and Broadway
Phase I
Project Length: 0.53
Miles ~ Kilometers _ (To Nearest 1/10 milelkilometer)
Description: Widening of Main Street to its ultimate right-of-way of 102 feet.
Improvements will include curb, gutter and sidewalk. installation 2" pavement
overlay & installation of a landscaped median.
Portions of Main Street have been widened as development or redevelopment of
parcels has occurred. This pro;ect will widen those segments of Main Street
which are not at the ultimate width.
1) Provide design concept and scope including all capacity improvement facilities and limits.
2) Either draw on reverse or attach figure showing before and after condition Including lane diagram, interchange or ramp configuration,
intersection and traffiC signal locations, etc.
Estimate Cost:
Engineering $500,000
Right-Ol-Way $ S SO 000
Construction $? 0,9.000
Total $3,089,000
_ 1996 $ ~ EscJFuture $ (Check One)
Funding Sources:
Federal
State
TransNet $2,039,000
Local
(Identify committed funds with asterisk)
Schedule:
Start Construction 07-97
(Month - Year)
Open To Traffic 06-99
(Month. Year)
.. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED **
0/" J /
Table 4
1996-03 REGIONAL TIP PROJECT INFORMATION FORM
Regionally Significant Capacity Increasing Projects
Agency: City of Chula Vista
Prepared By: Samir Nuhaily, Civil Engineer
Date: 2/20/96
Phone: 691-5173
Project Name:
Limits (to/from):
Main Street
Between Industrial Blvd. and Broadwav
Phase II
Project Length: 0.53
Miles _ Kilometers _ (To Nearest 1/10 milelkilometer)
Description: Widening of Main Street to its ultimate right-of-way of 102 feet.
Improvements will include curb. gutter and sidewalk. installation 211 pRvpmpn~
.
overlay & installation of a landscaped median.
Portions of Main Street have heen widened RS dp.vp.lopmpn~ or rpnp"plnpmpnr nr
parcels has occurred. This Droiect will widen those sPfrnents of MRin Strppt
which are not at the ultimate width.
1} Provide design concept and scope including all capacity improvement facilities and limits.
2) Either draw on reverse or attach figure showing before and after condition including lane diagram, interchange or ramp configuration,
intersection and traffic signal locations. etc.
Engineering 0
Right-Ot-Way 0
Construction $2.786,000
Total $2,786,000
_ 1996 $ ~ EscJFuture $ (Check One)
Funding Sources:
Federal
State
TransNet $2,786,000
Local
(Identify committed funds with asterisk)
Estimate Cost:
Schedule:
Start Construction
07-98
(Month - Year)
Open To Traffic 06-99
(Month - Year)
.. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED"
9-/2.
Table 4
1996-03 REGIONAL TIP PROJECT INFORMATION FORM
Regionally Significant Capacity Increasing Projects
Agency:
Prepared By:
City of Chula Vista
Date:
2/20/96
691-5173
Samir M. Nuhaily, Civil Engineer Phone:
Project Name: "E" Street
Limits (to/from): Between 1-5 and Broadway
Project Length: 0.37
Miles ~ Kilometers _ (To Nearest 1/10 mile/kilometer)
Description: This project will add an auxiliary lane, approximately 450 feet
long, along the north side of IIE'I Street east of the Interstate 5 north bound
on-ramo. The street reconstruction proiect also includes curb, gutter, and
sidewalk and drainage improvements.
It will decrease congestion on "E" Street because cars using the additional lane
to make ri~ht turns onto the ramp will not be required to wait for a green light
or be impeded by westbound through traffic.
1) Provide design concept and scope including all capacity improvement facilities and limits.
2) Either draw on reverse or attach figure showing before and after condition Including lane diagram, interchange or ramp configuration,
intersection and traffic signal locations, etc.
Estimate Cost:
Engineering
Right-Ot-Way
Construction
$219,000
o
$548,000
Funding Sources:
Federal
State
TransNet $767.000
Local
(Identify committed funds with asterisk)
Total $767.000
_ 1996 $ ~ EscJFuture $ (Check One)
Schedule:
Start Construction 07-99
(Month - Year)
Open To Traffic 06-00
(Month - Year)
.. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED.'
9rJ :J
Table 4
1996-03 REGIONAL TIP PROJECT INFORMATION FORM
Regionally Significant Capacity Increasing Projects
Agency: City of Chula Vista Date: 2/20/96
Prepared By: Samir M. Nuhaily, Civil Engineer Phone: 691-5173
Project Name: Main Street,
Limits (to/from): Between Broadwav and Third Avenue and Broadway, between Main
Street and the Southerly City Limtis.
Project Length:
0.91
Miles ~ Kilometers _ (To Nearest 1/10 mile/kilometer)
Description: Wi denin2: of Main Street and Broadwav to their ultimate right-af-ways
of IO? feet. Improvements will include curb. gutter. and sidewalk installation,
211 navement overlay and installation of landscaped median.
Portions of Main Street and Broadway have been widened as development or redevelopm nt
of parcels has occurred. This proiect will widen those segments of Main Street
~nn Rro~rlw~v whic-h are not at the ultimate width.
1) Provide design concept and scope including all capacity improvement facilities and limits.
2) Either draw on reverse or attach figure showing before and after condition Including lane diagram, interchange or ramp configuration,
intersection and traffic signal locations, etc
Estimate Cost:
Engineering $ 300.000
Right-Ol-Way $ 725.000
Construction $ 3,475,000
Total $4 'i00. 000
_ 1996 $ ---1L Esc.lFuture $ (Check One)
Funding Sources:
Federal
State
TransNet $4 'i00 000
Local
(Identify committed funds with asterisk)
Schedule:
Start Construction
07-00
(Month - Year)
Open To Traffic 06 01
(Month - Year)
.. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED"
9,/,/
Table 4
1996-03 REGIONAL TIP PROJECT INFORMATION FORM
Regionally Significant Capacity Increasing Projects
Agency: City of Chula Vista Date:
Prepared By: Samir M. Nuhaily, Civil Engineer Phone:
2/20/96
691-5173
Project Name: Main Street
Limits (to/from): Between Third Avenue and Hilltop Drive
Project Length: 0.76
Miles ~ Kilometers _ (To Nearest 1/10 milelkilometer)
Description: Widening of Main Street to its ultimate right-of-way of 102 feet.
Improvements will include curb, gutter and sidewalk installation, 2" pavement
overlay and installation of a landscaped median.
Portions of Main Street have been widened as development or redevelopment of
parcels has occurred. This pro;ect will widen those segments of Main Street
which are not at the ultimate width.
1) Provide design concept and scope including all capacity improvement facilities and limits.
2) Either draw on reverse or attach figure showing before and aher condition Including lane diagram, interchange or ramp configuration,
intersection and traffic signal locations, etc.
Estimate Cost:
Engineering $ 732,000
Right-Of-Way $goo.ooo
Construction $1.168.000
Total $').000.000
_ 1996 $ ~ EscJFuture $ (Check One)
Funding Sources:
Federal
State
TransNet $5,000,000
Local
(Identify committed funds with asterisk)
Schedule:
Start Construction 07 01
(Month - Year)
Open To Traffic 06-04
(Month - Year)
.. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED.'
7' -If'
Table 4
1996-03 REGIONAL TIP PROJECT INFORMATION FORM
Regionally Significant Capacity Increasing Projects
Agency:
Prepared By:
City of Chula Vista
Date:
Samir M. Nuhailv, Civil Engineer Phone:
2/20/96
691-5173
Project Name: Palomar Street
Limits (to/from): Between 1-5 and Industrial Blvd
Project Length: 0.25
Miles ~ Kilometers _ (To Nearest 1/10 mile/kilometer)
Description: Construction of the trolley station and development of properties on
trihutRYV streets have resulted in a substantial increase in traffic volumes on
Palom::lY Street.
This oroiect consists of widening existing roadway and constructing ultimate
improvements to provide for four lanes of traffic. Work will include constrl1f'tion
of curb and gutter, sidewalks, street lights, AC pavement and base. The street
widening will accommodate the increased volume of traffiC' PInel pro\1;np for s.qfpy
smoother traffic flow.
') Provide design concept and scope including all capacity improvement facilities and limits.
2) Either draw on reverse or attach figure showing before and after condition Including lane diagram. interchange or ramp configuration,
intersection and !raHlc signal locations, etc.
Estimate Cost:
Engineering $154,000
Right-Ot-Way $400,000
Construction $ 300,000
Total $854,000
_ 1996 $ ...JL-. Esc./Future $ (Check One)
Funding Sources:
Federal
State
TransNet $854,000
Local
(Identify committed funds with asterisk)
Schedule:
Start Construction
07-99
(Month - Year)
Open To Traffic 06-00
(Month - Year)
.. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED"
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COUNCIL AGENDA STATEMENT
Item //1
Meeting Date 3/5/96
ITEM TITLE:
Report on Proposed Changes to HandYtrans Service as required by the
Americans with Disabilities Act (ADA)
SUBMITTED BY:
Resolution /I':lJ7Approving First Amendment to Agreement between
City ofChula Vista and American Red Cross for HandYtrans Operation
Director of Public Works ~I
Jr I. ;;::1\1\/1
City Manager (1 (ll. '\ '., d"
, '
(4/Sths Vote: Yes_NoX)
REVIEWED BV:
-'
HandYtrans has been designated by MTDB and SANDAG as a Complementary Paratransit Service
as required by the Americans with Disabilities Act (ADA) of 1990. The ADA mandates full
compliance with the Complementary Paratransit Service requirements by January 26, 1997, which
requires paratransit services. like HandYtrans, to be available for ADA certified persons who cannot
ride or access fixed-route transportation systems such as Chula Vista Transit and the San Diego
Trolley. Moreover, this "complementary" service must operate during the same hours as the fixed-
route services,' The American Red Cross is currently operating HandYtrans for the City of Chula
Vista under a three year agreement that extends through June 30, 1996, This agreement has the
option to extend the term for a period of two years, from July I, 1996 until June 30, 1998. Staff
recommends that the agreement be extended for 15 months, from July I. 1996 until September 30,
1997 to allow for eventual implementation of a more regional approach to providing Complementary
Paratransit Service in compliance with the ADA This recommendation and additional background
is discussed in greater detail below.
RECOMMENDATION: That Council: 1) accept the report and direct staff to bring back the
final plan for ADA Complementary Paratransit Service to the City Council for consideration and
adoption; and 2) approve the resolution approving the First Amendment to Agreement between the
City of Chula Vista and the American Red Cross for J [andYtrans operation,
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: Following is a summary of the major issues that will be discussed in this report:
. Complementary Paratransit Service requirements of the ADA.
. Achieving ADA compliance in the MTDB area of jurisdiction.
. Extension ofthe American Red Cross Agreement for HandYtrans operation.
. Funding for ADA Complementary Paratransit Services.
1 For Council's information, the tcrms "paratransit" and "demand response" are
synonymous, and describe transportation services in which an individual makes an advance
rcservation for service and is transported from point of origin to destination,
1"'/
Page 2, Item / p
Meeting Date 3/5/96
The ADA: Complementary Paratransit Service Requirements
Attached for Council's information (Exhibit]) is an Agenda Statement dated January 7.1992 which
is a "Report on Complementary Paratransit Service plan as required by the Americans with
Disabilities Act prepared by the Metropolitan Transit Development Board" which discusses the
ADA requirements. In accepting the staff recommendation of this report, the City Council agreed
to authorize MTDB to develop and submit to the federal government a Complementary Paratransit
Service Plan for the MTDB area, All thc other jurisdictions in the MTDB area operating fixed-route
transit systems also authorized MTDB to submit a Regional ADA Complementary Paratransit
Service Plan.
As discussed in the attached memo to Council (Exhibit 2) dated August 8. 1995 the Complementary
Paratransit Service requirements of the ADA mandate the following by January 26, 1997:
Complementary Paratransit Service must be provided to supplement fixed route services like
Chula Vista Transit and the San Diego Trolley. Persons eligible for this service are
individuals who cannot access thc fixed route service (for example. walk to or wait at a bus
stop) or CaJlliot ride the fixed route service at all because of mobility limitations.
The ADA specifies six critcria for Complementary Paratransit Service:
. Service Area - Must cover a 3/4 mile radius on cither side of the fixed route corridor,
or a 1.5 mile total corridor width.
. Resoonse Time - Requires next day reservation service and allows for reservations
up to fourteen days in advance.
. Fares - May be a maximum oftwice the base fixed route fare, (For example, the CVT
base fare is $1,00, so the HandYtrans fare may be no more than $2.00).
. Trio Purpose - Prohibits restriction for purpose of travel. (For example, a medical
appointment trip has no priority over a shopping trip),
. Hours and Davs of Service - Scrvicc must be available during the same hours and
days as fixed route service, (In the case of Chula Vista from about 5 a.m. to II p,m.
for CVT; and from about 4 a.m. to 2 a.m, when the Trolley is included).
. Capacity constraints - Prohibits restrictions on number or frequency of trips. (In other
words. a certified ADA individual may not be denied service because of insufficient
vehicle capacity. nor limited to a certain number of trips).
Compliance with the ADA Complementarv Paratransit Service Requirements
In 1993, SANDAG. in cooperation with MTDB. contracted with Crain and Associates, Inc. to study
options for meeting the ADA mandate. 'rhis study analyzed a number of options for the region, one
of which was to divide thc MTDB area into four Complementary Paratransit Services zones as
/1) " ;J...
Page 3, Item /P
Meeting Date 3/5/96
indicated in Exhibit 3 Zone IV includes National City. Chula Vista. Imperial Beach, City of San
Diego, and Coronado, The study recommendcd that there be one operator or service provider in each
of these zones to provide ADA Complementary Paratransit Service. The study concluded that one
service provider in a relatively large area as defined by these zones could facilitate inte~jurisdictional
trips on a more etlicient and cost-effective basis compared with multi operators serving smaller areas
and limited to jurisdictional boundaries,
In Zone IV, there currently are three senior/disabled TDA Article 4.5 funded paratransit services,
administered by National City, Chula Vista and the County of San Diego. National City contracts
with American Red Cross filr "Wheels" servicc in National City: the City of Chula Vista contracts
with American Red Cross for I-IandYtrans service in Chula Vista; and the County of San Diego
contracts with American Red Cross for services in Imperial Beach, South San Diego and Coronado,
Coincidentally. although three separate govcrnment entities currently administer these paratransit
services in Zone IV, the American Red Cross is the one service provider under contract with all three
jurisdictions,
Thc City of Chula Vista Transit staff has been mecting with the staffs of MTDB, SANDAG,
National City and the County to discuss options to implement the study recommendations for full
ADA compliancc by January 1997. Since the County of San Diego already administers paratransit
services for a large portion of Zone IV. and the City of National City has indicated an interest in
having the County provide the ADA Complementary Paratransit Service for that jurisdiction, an
option for establishing one service provider in Zone IV would be for the County to contract with a
service provider for all ADA Paratransit Service in Zone IV. This scrvice could be funded by a
combination of currcntly available sources used for the existing paratransit service in this area,
including TDA Articlc 4.5 and Transnet, with the likcly addition of TDA Article 4.0 funds. Other
options tar implementing the study recommendations arc being evaluatcd; a preferred option should
be determined by Spring 1997, It is staffs intent to return to Council at that time for its
consideration and adoption of a preferred option, Acceptance of this current staff report and
approval ofthe agreement cxtension for HandYtrans, docs not commit this Council to anyone option
to implemcnt the Crain and Associatcs, Inc, study rccommendation.
A~:reement Extension with American Red Cross for operation of HandYtrans
The First Amendment to the agreement between the City and the American Red Cross is proposed
to be extended for 15 months, Irom July I. 1996 to September 30, 1997 to set the stage far having
one ADA Paratransit Scrvice providcr in Zone IV, The service level betwecn July 1, 1996 and
January I. 1997 (prior to full ADA compliance) is basically a continuation of the existing
HandYtrans service level, operating Monday through Friday from 7:00 a.m. to 6:00 p.m. and on
Sunday from 8:00 a.m, to 2:00 p.m. Beginning January 2. 1997 through Seotember 30. 1997.
HandYtrans would operate in full compliance with the ADA. HandYtrans must be available for
"complcmentary" service to CVT between the hours of approximately 5:00 a,m, to 11 :00 p.m.,seven
days a week. In addition. since there are other fixed routc services operating in Chula Vista provided
by San Diego Transit, MTDB contract services and the San Diego Trollcy, Complementary
Paratransit Service must also be available for thcsc services, Therefore. Complementarv Paratransit
Service must be available in Chula Vista for all fixed route services from approximatelv 4:00 a.m,
I~":J
Page 4, Item / tJ
Meeting Date 3/5/96
to 2:00 a.m. seven davs a week. The cost to provide ADA paratransit service for fixed-route systems
operating in Chula Vista other than CVT (the Trolley, San Diego Transit Route 29, and MTDB
Contract Route 932) will be funded by those systems. The specific funding mechanism still is being
developed by MTDB and area fixed-routc operator staffs and should be finalized by Fall 1996. Staff
will report to Council on the funding proposal at that time,
The estimated service requirements between January 2, 1997 and September 30, 1997 are shown on
attached Exhibit 4. This table shows the total hours during which ADA Complementary Paratransit
Service must be available in Chula Vista,' Staff has estimated the hours during which service would
be provided and the potential cost of this service, which is $408.623. This amount is only an
estimate based on notential demand. The actual demand, ,md therefore cost, will not be known until
after January 1997, Furthermore, it may take months to gauge service demand, depending on
community awareness of service availability. However. based on late night/early morning demand
in other cities that have attempted full ADA compliance before January 1997. demand for paratransit
service during late night/early morning hours generally is low.
The American Red Cross rate for this 15 month period is divided into two different rates based upon
"day" and "evening". The day time hourly rate for the 15 month period of the agreement extension
is $27.203. a 3.6% increase over the current hourly rate, The evening rate is $21.643 which is 21 %
less than the current rate, The evening rate is lower than the day rate because certain fixed costs for
administration and facility costs included in the day rate are not included in the evening rate. The
costs not included in the evening rate generally are those items that do not directly pertain to the
"evening" service. such as management salaries, non-vehicle services. and utilities.
Cost Comparison: Other Service Providers
For Council's information. the following Table 1 shows HandYtrans proposal costs that were
submitted in response to the HandYtrans Request for Proposal (RFP) in Spring 1993:
Table I.
HANDYTRANS PROPOSAL COST: JULY 1. 1993 THROUGH JUNE 30, 1996
Three Year Hourly Rate Average
Proposer
Three Year Cost
Red Cross
Medi-Ridc
DA VE Systems
Mayflower
$ 694,678
$ 902,493
$1.002,498
$1J53,750
$26.089
$33,923
$37.682
$47.126
, The service components under the headings "Service Period", "Service Area", and
"Serviee Time" further delineate the requirements by fixed-route operator responsibility. The
service area designatcd "West of Hilltop" indicates service coverage when Chula Vista Transit is
not operating, but fixed-route service is provided by the San Diego Trolley. the MTDB contract
Route 932 on Broadway, and the San Diego Transit Route 29 on Third Avenue.
11/-1
Page 5, Item / tJ
Meeting Date 3/5/96
As indicated in this table. the Red Cross rate and total thrce year cost for HandYtrans service ending
June 30, 1996 was substantially lower than the other three proposals. In addition, the current County
of San Diego contract rate with American Rcd Cross for the period July I, 1996 through September
30. 1997 is $30.397; thereforc, the 15 month "daytime" rate for HandYtrans service between July
I. 1996 and Septcmber 30. 1997 of $27,203 is approximately 12% lower than the County of San
Diego rate for the same period.
In summary, it is staffs opinion that the American Red Cross rates for the agreement extension
period are competitive with, and lower than. other service providers. Therefore, because of the
favorable cost proposed. and the proposed extcnsion of the agreemcnt for 15 instead of 24 months.
staff docs not recommend issuing an RFP for HandYtrans service,
Fundinll for ADA Comnlementarv Paratransit Services
As shown in Exhibit 4, staff estimates that the maximum cost for HandYtrans service provided by
the American Red Cross for the fifteen month extension term is $530,000, The estimated cost for
FY 1996-97 (July I. 1996 - June 30, 1997) is $393,040, a 68% increase over the current fiscal year
cost 01'$232,800. However. next fiscal year includes six months of full ADA service compliance
(January through June 1997). The cost for the six month period prior to full ADA compliance. July
I, 1996 through January I. 1997. is $121.054. an increase of3.6% over the current fiscal year cost.
Thc cstimated cost for tbe tirst complete tiscal year of ADA compliance, which is July I, 1997
through June 30, 1998 is $6] 1,000. However, this is only an estimate based on possible demand;
a much better idea ofthe cost ofthis service will be known after January 1997, when full compliance
becomes effective,
The Transportation Development Act (TDA) provides lunding for both Chula Vista Transit and
HandYtrans. TDA tunds are derived from 1/4% of the local sales tax. TDA funds are further
divided into numerous "Articles" which designate the funds for certain purposes, Article 4.0 funds,
for example. are uscd for fixed-route services like CVT, and Article 4,5 funds are designated for the
ADA paratransit services, However. Articlc 4,0 funds may also be used for ADA paratransit
serviccs if needed. SANDAG allocates the TD^ funds to San Dicgo area jurisdictions and the
MTDB approves all expenditures within its jurisdiction. There are no Chula Vista General Funds
nor federal funds used for either CVT or HandYtrans. In addition. there are no federal funds
available to implement thc Complementary Paratransit Service requirements ofthe AD^.
In this region, 5% of the total TDA funds are set aside as Article 4,5 funds to operate the ADA
Complementary Paratransit Services. Unlike the Article 4.0 funds, which are allocated to
jurisdictions on a per-capita basis. the Article 4.5 funds are allocated to transit onerators on a
discretionary basis, During the current liscal year, the City ofChula Vista's Article 4.5 allocation
is approximately $150.000 and HandYtrans' total budget is $241,000. The balance of the budget
is funded by farc revenue ($66,000) Transnct Funds ($23,000) and investment earnings ($3.000).
MTDB currently is exploring options to fund the ADA Complementary Paratransit Service
requirement. Since new revenue sources seem unlikely, the use of Article 4.0 funds contributed by
/1)''>
Page 6, Item II)
Meeting Date 3/5/96
each jurisdiction seems to be the primary potential source to fund the ADA paratransit services,
However, until the demand f,)r ADA service IS known in January 1997 and beyond. it is difficult to
estimate the full cost impact at this time,
SUMMARY
. The Americans with Disabilities Act (ADA) Complementary Paratransit Service
requirements specify that by January 1997 all fixed-route public transportation operators
must provide ADA Complementary Paratransit Service, This service must be "comparable"
to fixed-route services in terms of service hours, and service coverage.
. In 1992, Council authorized MTDB to submit to the Federal Transit Administration (FT A),
a Regional ADA Complementary Paratransit Service Plan, All the other jurisdictions in the
MTDB area have also authorized MTDB to submit a regional plan,
. A regional ADA Compliance Study conducted by SANDAG recommended that the MTDB
area be divided into four zones for ADA Complementary Paratransit Service. Zone IV
includes the cities of National City, Chula Vista. [mperial Beach, South San Diego and
Coronado.
. The Study recommended that one ADA service provider operate in each of the four zones.
. In order to implement this recommendation in Zone IV, staff is recommending that the City
ofChula Vista's agreement with American Red Cross for HandYtrans service be extended
for 15 months, from July I, 1996 through September 30, 1997.
. Beginning October I, 1997, one service provider would operate the ADA Complementary
Paratransit Service in Zone IV. Options for implementing this concept still are being
considered and cvaluated.
FISCAL IMPACT:
The American Red Cross hourly rate for HandYtrans service for the 15 month agreement extension
is $27.203, a 3.6% increase over the current rate, In addition, a new "evening" hourly rate of
$21.643 will become effective in January 1997 when full ADA compliance begins. The estimated
contract cost for FY 1996-97 is $393.040, a 68% increase over the current fiscal year cost of
$232.800, Howevcr, this cost includes 6 months (January through June 1997) of ADA
Complementary Paratransit Service full compliance, which is an estimate based on possible demand
for increased service,
llandYtrans is funded by the following sources: TDA Article 4.5, Transnet, and fare revenue. In
addition, TDA Article 4.0 funds may be used to fund the service ifrequired. There are no City of
Chula Vista General Funds used for HandYtrans operation. Furthermore, even with the potential
estimated significant cost increase to implement the ADA Complementary Paratransit Service
requirements in Chula Vista, there will be sufficient City TDA Article 4.0 funds available to
supplement other funding sources for HandYtrans servicc, based on the City's current TDA Article
If) ..t,
Page 7, Item If}
Meeting Date 3/5/96
4,0 allocation and TDA fund balance. For example. the City's current TDA unallocated balance is
approximately $4.8 million, $2 million of this balance is set aside as partial funding for the City's
hydrogen fuel cell bus demonstration program. leaving an approximate $2.8 million balance for
future CVT operations and capital expenditures. and for increased costs for ADA Complementary
Paratransit Service.
Attachments:
Exhibit 1 - January 7. 1992 Agenda Statement
Exhibit 2 - August 8, 1995 Council memo
Exhibit 3 - Complementary Paratransit Service Zones
Exhibit 4 - Estimated Services Requirements
WMG:OT-007
M:\.lIOME".,ENGINEER\AUFNDA \REDCR( >S2,BC;
I&"l"'t ~
RESOLUTION NO. 1'~~.2~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FIRST AMENDMENT TO
AGREEMENT BETWEEN CITY OF CHULA VISTA AND
AMERICA RED CROSS FOR HANDYTRANS OPERATION
WHEREAS, HandY trans has been designated by MTDB and
SANDAG as a Complementary paratransit Services as required by the
Americans with Disabilities Act (ADA) of 1990; and
WHEREAS, the ADA mandates full compliance with the
Complementary paratransit Service requirements by January 26, 1997
which requires paratransit services, like HandY trans, to be
available for ADA certified persons who cannot ride or access
fixed-route transportation systems such as Chula vista Transit and
the San Diego Trolley; and
WHEREAS, the American Red Cross is currently operating
HandY trans for the city of Chula vista under a three year agreement
that extends through June 30, 1996; and
WHEREAS, this agreement has the option to extend the
term for a period of two years, from July 1, 1996 until June 30,
1998; and
WHEREAS, staff recommends that the agreement be extended
for 15 months, from July I, 1996 until September 30, 1997 to allow
for eventual implementation of a more regional approach to
providing Complementary paratransit Service in compliance with the
ADA.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve the First Amendment to
Agreement between the City of Chula vista and American Red Cross
for HandY trans Operation, a copy of which is on file in the office
of the city Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said First
Amendment.
Presented by
'0:0
John P. Lippitt, Director of
Public Works
C:\rs\handy.1st
Iii J/~/I)
FIRST AMENDMENT TO
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
AMERICAN RED CROSS
FOR DEMAND RESPONSE TRANSPORT A TlON SERVICE
This First Amendment to Agreement made this day of , 1996, by
and between the City of Chula Vista, hereinafter called "City" and American Red Cross, hereinafter
called "Contractor".
Whereas, City and Contractor entered into an Agreement (hereafter, the "Agreement") for
operation of HandYtrans on May 24, 1993, for a 3 year term, commencing on July 1, 1993 and
terminating on June 30, 1996; and
Whereas. Section 18 of the Agreement states that the City has an option to negotiate an
extension to the Agreement for a period of 2 years beyond June 30. 1996; and
Whereas, HandYtrans has been designated by the Metropolitan Transit Development Board
(MTDB) and the San Diego Association of Governments (SANDAG) as a Complementary
Paratransit Service to meet the requirements of the Americans with Disabilities Act (ADA); and
Whereas, full compliance with the Complementary Paratransit Service requriements of the
ADA will become effective in January 1997; and
Whereas, MTDB has adopted a Complementary Paratransit Service plan for the San Diego
Region; and
Whereas, implementation of this plan includes proposed Complementary Paratransit Service
changes in Chula Vista effective in October 1997; and
Whereas, City and Contractor mutually agree to the need to extend Agreement for a period
of 15 months instead of 2 years as specified in Section 18; and
Whereas, extension of the Agreement is for the period of July 1, 1996 through September
30. 1997; and
Whereas, it is necessary to amend Agreement between City and Contractor to extend the
Agreement term to September 30, 1997, and to incorporate certain changes to Agreement.
Therefore, the parties hereto agree as follows:
1) Amend Section 1 C of the Agreement to read: "City may independently, or upon request from
Contractor, from time to time reduce or increase the Defined Services to be performed by the
IIP"//
Contractor under this Agreement. Upon doing so, City and Contractor agree to meet in good
faith and confer for the purpose of negotiating a corresponding change in the compensation
associated with said change, This provision shall not affect the rights of the City to cancel
the agreement for convenience as stipulated in Section 10.
2) Amend Section 18 to read: "The term of this Agreement shall be for a period of fifty-one
(51) months beginning on July I. 1993 and terminating on September 30, 1997."
3) Exhibit A to the Agreement is replaced with a new Exhibit A, which is attached to this First
Amendment.
4) All of the other terms and conditions contained in the agreement dated May 24,1993, shall
remain in effect.
[end of page. next page is signature page.]
11"/-1.
Signature Page
to
First Amendment to Agreement
betwe~n City of Chula Vista and American Red Cross
for HandYtrans Operation
IN WITNESS WHEREOF, City and Contractor have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent to
its terms:
Dated:
,19_
CITY OF CHULA VISTA
By:
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk
B ce M. Boogaard, Ci y ttorney 1j,Xl)
Dated:
AMERlCAN RED CROSS
R~<1?~
Pat Geopfert, Chief Ope!1(tions Officer
Dated:
.:J;Le> /7' C
Exhibit List to Agreement
( X ) Exhibit A.
A:\AMENDMEN,WPD
/P"/;J
Council Agenda Statement
Item J.2~
ITEM TITLE:
Meeting Date 3/5/96
Resolution I Y..2.:l~king a position of "Support" on State Proposition
192. the Seismic Retrofit Bond Act of 1996.
SUBMITTED BY:
/.~,n \
Legislative Committee 4~ v\
.../ ",'
(4/5th Vote: Yes_ No...xJ
Attached for your review is an analysis of Proposition 192, authorizing a bond issue of two
billion dollars to provide funds for the State's seismic retrofit program, A recent reduction of
state transportation dollars has jeopardized the timely construction of SR-125 and other similar
projects critical to the future of Chula Vista,
RECOMMENDATION: That the Council approve the resolution supporting Proposition 192.
BOARD/COMMISSION RECOMMENDATIONS: Not applicable
DISCUSSION
The proposition proposed for Council action is as follows:
1, Proposition 192 SEISMIC RETROFIT BOND ACT OF 1996: Would provide for a bond
issue of two billion dollars ($2.000,000,000) to provide fimds for a seismic retrofit
program; earmarks $650 million for seismic retrofitting of toll bridges; appropriates
money from the state General Fund to payoff the bonds; and requires the measure to
reappear on the November 1996 ballot if rejected by the voters in March 26, 1996.
Legislative Committee Recommendation: SUPPORT
Following the Northridge earthquake, Caltrans diverted highway funds away from TransNet
projects and other regional facilities, in order to begin a seismic retrofit of bridges throughout the
statc. In addition. the 1996 State Transportation Improvement Program (STIP) is underfunded
by $575 million and will require a 10%. across-the-board cut in transportation projects. The
passagc of this bond could allow the state to return at least a portion of the TransNet-related
funding,
Successful passage of Proposition 192 would free up those other state monies which are needed
to support NAFTA-related projects in San Diego County (SR-125, Sweetwater and San Miguel
Connector, Otay Mesa Road, and 1-905) and Imperial County.
/,,261. - I
Item / ;. A- , Page 2
Meeting Date 3/5/96
In addition to the STIP cuts, the Governor and Caltrans have submitted a proposal to the CTC
to further reduce funding on a state-wide basis in order to allocate $290 million for the NAFTA
projects. Counties such as Los Angeles strongly oppose this on the basis that the entire state
would "suffer" in order to benefit the two southern-most counties. These additional state-wide
cuts are likely to be rescinded with the passage of Proposition 192, If, however, the bond issue
fails. an allocation for SR-125 would be jeopardized,
With the potential benefits to the funding of SR-125 and 1-905, the Legislative Program (sections
LK.b,c) indicates support for the measure. Although such an action could be taken directly by
the Chula Vista Legislative Committee (Mayor. City Manager, City Attorney), Proposition 192
was instead recommended for action by the full City Council in order to maximize public
exposure via the televised Council meeting of the City's actions prior to the upcoming election.
FISCAL IMP ACT:
Estimates on the benefits to the San Diego region range from $66 million to $135 million in state
funds which, at present, have been diverted from highway projects to the retrofit program. In
addition, Chula Vista will benefit from the passage of this legislation as it assists in ensuring the
timely construction of SR 125 and its connector facilities, Cost estimates for those projects are
predicted to be $135 million,
Attachments:
I Legislative Analysis
2 Official Title and Summary prepared by the Attornc:y (;cncral
3 Analysis by state Legislative Analyst
4 Arguments in favor and against Proposition 192
.5 Text of Proposition 192
a:\mcmos\cc31296.113
/~a."'~
RESOLUTION NO. j '.:12.1"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING STATE PROPOSITION 192,
THE SEISMIC RETROFIT BOND ACT OF 1996
WHEREAS, Proposition 192 authorizes a bond issue of two
billion dollars to provide funds for the State's seismic retrofit
program; and
WHEREAS, a recent depletion of state transportation
dollars has jeopardized the timely construction of SR-125 and other
similar projects critical to the future of Chula vista; and
WHEREAS, successful passage of Proposition 192 would free
up those state monies which are needed to support NAFTA-related
projects in San Diego county (SR-125, Sweetwater and San Miguel
Connector, otay Mesa Road, and 1-905) and Imperial County; and
WHEREAS, based on the potential benefits to the funding
of SR-125 and 1-905, the Legislative Program indicates support for
the measure; and
WHEREAS, the Legislative Committee recommends council
action to support Proposition 192.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby support State Proposition 192, the
Seismic Retrofit Bond Act of 1996.
fO:J)
Presented by
Bruce M. Bo aar, city
Attorney
John D. Goss, City Manager
C:\rs\prop192.sup
/,,2.A -;1 ~ ~
CITY OF CHULA VISTA
LEGISLATIVE ANALYSIS
February 14, 1996
BILL AUTHOR TITLE INTRODUCED AMENDED
Prop 192 N!A Seismic Retrofit Bond Act 1995 --
of 1996
CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM
PENDING PENDING NONE YES;I.K.b,c
STATUS: Merch 1996 ballot lend potentially November 1996 ballot}
BACKGROUND: Following the Northridge earthquake, Caltrans diverted highway funds to the seismic
retrofitting of bridges throughout the state. This has drained funds which were to
be used for TransNet projects and other regional facilities. In addition, the 1996
State Transportation Improvement Program (STIPl is underfunded by $575 million and
will require a 10%, across-the-board cut in transportation projects throughout the
state. The passage of this bond could allow the state to return at least a portion of
the TransNet-related funding.
. (Op 192 would: Provide the California Transportation Commission (CTC) with $ 2 billion in funds to
support"the seismic retrofit program. This would free up those other state monies
which are needed to support NAFT A-related projects in San Diego County (SR-125.
Sweetwater and San Miguel Connector, Otay Mesa Road, and 1-905) and Imperial
County.
The Governor and Caltrans have submitted a proposal to the CTC to reduce funding
on a state-wide basis in order to allocate $290 million for the NAFT A projects. Other
counties, particularly Los Angeles do not view this proposal. favorably, stating that
the entire state would "suffer" in order to benefit the two southern-most counties.
Those state-wide cuts are likely to be rescinded with the passage of Proposition 192.
If, however, the bond issue fails. an allocation for SR-125 would be jeopardized.
FISCAL IMPACT: Estimates on the benefits to the San Diego region range from $66 million to $135
million in state funds which, at present, have been diverted from highway projects
to the retrofit program. Passage of Proposition 192 would assist in ensuring the
timely construction of SR 125 and its COnnector facilities.
DATE TO COUNCIL
RECOMMENDATION
SUPPORT
LETTERS
YES
(
Legislative Committee
February 14, 1996
.:\ANAL YSES\prop1 92..n.
/~.,-~
_.
III
rf92
IIIIII
Seismic Retrofit Bond Act of 1996. .
()fIi~1I1 Title and SlIft..nA..,. Prepared by the Attorney General
Iil1i!JQlIUC RE:.l'ROFIT BOND ACT OF 1996-
. This act. provide. for a bond iasue of two billion do1Iara ($2,000,000,000), to provide funds for a'
seismic retrutit Proeram.
. Earmarks $650 million for seismic retrofittini of toll bridges.
. Appropriates motley from the state General PuDd to pay o1rbonds. '
. Requires measure to reappel!l' on Novembe>; 1991l ballot iIrejected in MardJ 1996.
S............,. of Leeidative ADalyst's
EsH"'Ate of Net State lIJl.d Locel GoVeI'DJIleI1t Fisc:a1 Impact:
. General Fund cost of about $3.4 billion to pay oft' both the principal ($2 billion> and interest .
(51.4 blllion) on the bonds.
. The average payment for principal and interest over 25 years ",<mId be about $136 DWllon per
year.
Final Votes Cast by the lPgl.,ll'ture on SB l46 (Proposition 192)
Assembly: Ayes 1;9 Senate: Ayes 29
N~. 12 Noes 4
8
P96
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FEB-09-1996 15:12
P.02,.-04
Analysi.. by the Leeislative Aaalyat
measure provides that, of the $2 billion, $650 mllilon
&ball be used only Wr the aeismic retro1it of statEHlwned
toll bridge.. The D1el11lU1'!: also requjres that expenditures '
ror phase two seiamic retrofit of state highway bridges, as
well as for toll bridge., be funded excluaively from bond
fund. &l1d not from other state fund&, .uch .... toll
revenues or revenues !'ram the state gas tax.
General obligation bond& are backed by the state,
meaning that the state is required to pay the principal
and interest costa on these bonds. General Fund
TVvenuas would be uaed to pay these COBt.s. General Fund
revenuee COme primarily from the state personal and
corporate, income tm<e. and sales taxe..
Baekgrotnld
After the 1989 LOllla Prieta earthquake, the .state
established a proil'8III to retrofit .tate highway" and
bridge. for seismic .sfety. As a result, the California
DepsrtInent of Transportation (Caltrans) identified
, about 1,089 state highway bridges to be retrolltted as
phase one of the Seismic Retrofit Program. Retrofit of all
phase one bridge. is currently under construction and is
funded from state gas tax revenuee.
Following the 1994 Northridge earthquake, Caltrana
Identified an additional 1,209 etate hiahway bridges that
need to be retrofitted in order to meet seismic safety
standards. These additional bridges comprise p/uue two
of the Seismic Retrofit Program. Caltrlll18 also identi1led
seven state-owned toll bridge. to be retrofitted for
earthquake safety. The estimated cost of retrofitting
phase-two bridges pIns the etate-owned toll bridge. ill
about 82 billion.
Proposal
This UleaBure authorizes the state to sell $2 billian in
general obligation bonds in order to reconstruct, replace,
or retrofit statEHlwned toll bridge. and highway bridges
in phase two of the Seismie Retrofit Program. The
Fbcal Efrect '
For these types ofbonds, the state makes principal and
interest payments from the .tate's General Fund.
typically over a period of about 25 years. If the $2 billion
in bauds were sold at an interest rate of 5.5 percent, tlie
cost would be abO)1t $3.4 billion to payoff both the
principal ($2 billion) and the interest ($1.4 billion). The
average payment for principal and interest would be
about $136 million per year.
For text olProposition 1911see page 55
1"96
9
J).*,- .. ')
11921 Seismic RetnJ/it Bond Act of 19%.
Argwnent in Favor of Proposition 192
"Hundreds died or were iI\jured in highwey and bridge
collapses during the Loma Prieta and Nortbridge quakes
alone." says Dr. Joe Penzient Profesllor Emeritus.
Eanhquake EnlliJ1eering, UC Beti<8lsy.
"Bridge .tr...glhening works. Our reeear.h Prove. thet
recent advBDCes in engineering tec)mology prompted by
t.Qese mrQor earthquakes will save lives, reduce damage
and preserve Colifomia's econOlllic vitality.'
We Hvt in one of the earth's DlOftt active earthquake J;onC:5.
We hear moat about the onn that level entire neighborhoods,
collapse freeways and bridges. cau.se Joss oflife and billions of
doll..,.,. in damage.
But the truth i.s Californians p.rf: battered by hundreds of
earthquakes and aftershocks each year. The cumulative effect
is .evere, hidden d.tenoretion threetening future I"". oC liIe
and sociaJ disruption. ,
Nowhere is that damage more eritic:a) than to the most
vulnenhle elemODts of our tranoportation sys<em-bridges and
bighwey o"erpa......
Eight major bridges and over 1.000 highw.~' bridge crossinll'S
critically need strenglbeoing and repair to assure they will not
collapoc in the next earthquake.
Proposition 192 cine,..... your Ye. vote because,
. EARTHQUAKE REINFORCEMENT WORKS. Every
bridge strengthened in Southern California witl1
stat4-of-tbe-.rt technoJoBY came through the Northridg.
quake intact. keeping em.l'l!=cy relief and ,commerce
flowing.
. DISASTER RECOVERY IS IMPROVED. When
highways or freeways are serious.]>" damaggd in
earthquakes, problems are 120\ just limited to the area. of
. damage. An entire system used by tens of thouaand$ of
motorists iG pal"'alyzed for miles around, obstructing
firefighters. rescue workers and reli.f supplies. And it
undermines our state'. economy for years.
. EVERY CALIFORNIAN WILL BENEFIT. Fund. for
critically needed highway and peSllena.r rail projects
throu,hout California are being shifted to pay Cor
earthquah s.Cgty repairs, Proposition 192 will ensure
that important highway and rail safety, r.pair and
construction projects will not be delayed or elimi.n.ated.
Propo.itiOll 192 wiD help revitalize Our economy by
creatint! job..
. WE, CAN'T WAIT.' Without p"""g. of Proposition 192,
safety repair. wiD fall further behind. CJllifornia has
euffered two denstetin&' earthquakes in six year.. Th.
I1e&t colOid happen tomorrow.
. TIME IS MONEY. Historically, earthquake damage on
state highways has led to the loss of billiana of dollars to
OW' .conomy ... w. ore f....ed to acljuat to, ~ free,otays
and bridges. 'I11e cost oC rebuilclin, siphons bUli..... ...ay
frmn other ...sentia! public llfll'Yi<:...
. BRIDGE STRENGTHENING IS CHEAPER THAN
RECONSTRUC'I10N. Retro6tting can he completed at
10% of rebuilding c:osta.
. FUNDS MAY BE SPENT ONLY ON EARTHQUAKE
SAFETY REPAlRS. They cannot be diverted to oth.r
uses.
Jim Roberts, 'Chief Structures Engineer. Cal'frans:
"l'he peat memo wauld be to not take advantaso of this
ability to save lives and prevent paralysis' of our
tranoportation system by etr.ngthenini our bridge
atructurell apinat the n=t wa.... of earthquake..-
Ronny J. Coleman, State Fire Marshal:
"Earthquake devastatioll alwaye .10.... do~ or stopi our
fiJ'Qfi.gh~rs, pDlice, rescue workers and relief supplies
from eettint where they're needed. Tbat's why retrofittinl
OU" bridges is such a pressing need.'
Proposition 192 will saVIll lives and k.ep Oalifornie worldng.
Vote YES on Proposition' 192.
KIRK ~T
Pruitk1ot. CGli(ornlo Clt..-r 0'0-_
RICBABD ANDIlEWS
DIrect<<; Stat~ 0f1Iee of IJ"",1'/lflAC7 -"""..
MAURICE BANNIGAN
lWtind C~ Colif_i41l"JlIJvoy Patrol
Rebuttal to Ar~ent in Favor of PropoSiti01l 192
No one .diSputes the necessit,.. to make cur bridges and
bighwe.ya safe aDd to take all :maaonable step. to repair them.
But funds for that pu",,,,,,, are alre4d~ availeble.
Since 1989, tbroua-h Proposition 111. we have iDaeased the
p.- tax by &.09 per gallon: when ia enougi'a enough? How about
a more efficient use of fund. already available? Our fragile
State economy cannot wlth.tand another te>: Increase,
California hoo alway. used cummt revenoes Cor road lIIld
bridge building, repair. and maintenance, Proposition 192
seel<s to trick t8JIPQl'ers Into approvini expensive debt
fmancing ...hich will be uoed to aubsldae n.... highWay
construction. W. should not turn to long-term debt ror the.e
purposes. I"unhermore, California'. handed ind.btedne.s is
alreedy at a danproWl level: this measure will likely further
etod. OW' bond rating ami incraasa the interest rata we pay 011
all debt as it is refinanced.
The Legislature hi playing games with this mezlI.ure. The
Legi.lature has ordered that this me..ure be placed on the
Maroh ballot ",,<I, ifi. Cails, ba.o ordered that it be plac.d on tho
November ballot. .. ...ell.
TAXPAYER AND ENVIRONMENTAL GROUPS OPPOSE
PROPOSITION 192 '
National Tu Limitation Commi_
AlJiance of Callfamia Taxpayers and lDvolved Voters
People'sAdvucate
Planning and. Conservation Lea.auc
Sierra Club
oll urp you to vote NO on PROPOSITION 192
BERNIE RJCB'1'ER
boo""''''''''''' 3nl1JUtra:t
10
P96
Argwnonte printed On LhiI; pag. en the apini_ of the aut],ano and h..e not boon chockod Cor ooeuney byaoy offu:ial ogeney.
/ole... ., g'
FEB-09-1996 15:15
P. El4/84
Sekmic Retrofit Bond Act of 1996. 11921,
ArgumentAgaiDst Proposition 192
The Seismic Retrofit Bond Act is a claesic examp"' of b_
room, good old boy deal making that bene!1ts a favored
bureaucratic olaoo at the expeOlSe of au Qf California"
tupayers. Thi. bond aot proposes to spend $2 billion for
seiBmio stnxcturalimprovementa to froeways and toll ~. in
California. Toll bridltes in the San Francisco hay area, the
bureaucraciee that control them. and certain mWlicipalities,
San Francisco in pU1:iallar, are the overwhelntll1g beneliciarlee '
of this Act.
Toll Bridge Authorities wer. created by the leEi"latnre for
two very ,;peci1ic P\UP<l.""; 1) to pay the principal and Interest
on moltiss uoed to construct those bridges and; 2) to pay for
maintenance and upkeep ofthOGe structures. Any'othor purpoee
for which theee bridge toll funds are used. such. as to pay mr
other transportation 'programs unrelated to the. primary
purp0&e8 for which the Toll Bridge Authoriti811 were oricfnally
created, mUBt be used as justlftcallon for not funding out of toll
brid.ge revenues, the upkeep, maintenance and earthquake
I'I!trofitting
The conaequence of this bond act is that approximately
$700 onillion of the $ll billion collected atatuwid. will be used to
pay lOr retrofitting of toll bridges in the San Francisco bay area.
Thelle Toll Brid&e Authoriti.. will amtinue to coll~ their tolls
from citiLens using thOlle bridgeo. but will nee thos.l\Jnds for
pW'pOS.. oth.r than that for which the ToD Bridge Authoritie.
were created.
The citizens of Cali10mia will be forced to pay twice; once
wben they pay tile toD and also when they pay otbar paoline
and road Ulxea. People in Ban DIego. San Bemarclino, Loa
Ansel.s, the central valley .nd llOrthern Califomia will be
~ approximately one-third of the toW bond revenua. to
retrofit toll bridg.. In the San l'nm<:lml bay area where tau.
are already being collected for that .- and ~ purpose.
In effect, approXImately $700 million leas will De available to
improve other public road_ys tJnoouebout the _.
The Joseni will be the lupayer cItizeDO of Calif'ornia and the
win""'" wiD he the politicians and their bureaw:rat.lc alii... ill
the San l"rllnciJ;co bay aree. who will be g1VllD an opportunity to
""uander another t700 million to reward and payoff local
politioaI patroaa and apeciaI,in_ 8"""P" to ...ham they are
beholden. San I'rlll1Cisco politicians have dominated the
LegisJatun: and c1iverted .tate fimds to their speeiallntereata
for tho last 20 y.arII. Although they ha.... been thrown out of
office, they attempt to an- from their politieal de.tbbedo to
make one more raid on the public treasury.
We urge oJ! of Califurnia's toxpayera to ~ no on this ripolf.
B!:JII'IJE IUCllTER
"'.-hi,......, WlMtriel
BRUCE THOMPSON
~_6filItD_
GEOII.GE HOmo:
A.e....,__~
Rebuttal to Arcwnent Apinst Proposition 192
Nearly 1,100 of the slate'. 12,000 bridge. and highway increase imposed atler the Lama Prieta quake if we strengthen ,
overcroostngs in evexy part of tlM state have been identified Il3 our bridgeo and 0.E:tp8ll3CS now. Proposition 192 also protects
still potentially unsafe in a moderate-to-Ja~ quake, our investment by making it ilIepl for the Legislature <If" state
PROPOSITION 192 WILL PROVIDE THE MONEY TO FIX big'hway ofticia1s to U8II th.... .ar1:hquab safety funcle for an;y
THOSE SPANS WITHIN THE NEXT TWO YEABS AND other purpose. The state Auditor General is required to review
ASSURE THAT OUR HIGHWAYS REMAIN OPEN and report to the public every year to ensure that funds are
FOLLOWING A QUAKE. being .pent 0Q)y on selsmio retrofit.
Propo.ition 192 will inoreas. public s..fety. The Nortbridge Californians have an enormous in_ant h. our hiehway
quake demonstrated that retrofitting worD. EVERY .ystem. Propollitiou 192 protec:ta that invast.ment.
STRUCTURE REINFORCED PRIOR TO THAT LiaI:en to the seismic and safety experts.
EARTHQUAKE SURVIVED. With Prop..ition 192 we will be YES 0 ITION
able to finish the aamty r.pain much sooner and help .....ure VOTE N PROPOS 192.
the .ecurity or the highway mtems we c1epend upon to move GBOIlGE DEtJKME.JiAN
omergency relief and keep commerce flowing after a disaster. 'orraer ~C1I; Stole 01 C'.. J{J... ,.So
Proposition 192 makes .conomic oense. Rstrofittll1g bridp. GEOBGllIlOUllNllR
and, overpasses to 'Withstand earthquakes coata only one-tenth Pro(<as.,. _ CJaUtbnoia 7__-' ...,~
as much .. rebuildinc' collapsed etructu.ras after a, quake. G1.Dl CIlAJG
Proposition 192 is sador.ed by the California T""~ayers F_ eo"""usu..-; c..a(wrola B"'~ PvIz.ol
Association. California taxpayer'. may avoid the kind or tax
P96 Arfwnenta printed on thie page are the oplnlom of tba .ulhon and ha.. DOt boou .becked fur aa:ura<'f bv 811.' .mew 88lSn<V, 11
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