HomeMy WebLinkAboutAgenda Packet 1994/05/03
Tuesday, May 3, 1994
4:00 p.m.
"I declare I:lnder penalty of perjury that I all,
employed by the City of Chu!a Vista in the
Office of the City Clark an:! that I pos (ad
this Agenda/Notice on the Bulletin Board at
the Public ~ervj es Building and at City Hilll on
DATED, '-Zlr. SIGNED 6 f::Z~
Rel!Ular Meetin2 of the Citv of Chula VIsta ,tv Councd
Council Chambers
Public Services Building
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Fox , HottOn , Moore , Rindone , and
Mayor Nader_. - ,'." - - -
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Proclaiming the week of May 2 through May 8, 1994 as "YOUTH WEEK." The proclamation
will be presented by Mayor Nader to Woody Ullman, Exalted Ruler of Chula Vista Elks, and
Garry Hummel, Youth Activities Chairman.
b. Proclamation recognizing the Bonita Optimist Club for developing a family park area of
Rohr Park known as the Bonita Optimist Family Park. The proclamation will be presented
by Mayor Nader to Hal Segal, President of the Bonita Optimist Club.
c. Proclaiming May as "Older Americans Month." The proclamation will be presented by Mayor
Nader to Dorathea Grindle of the Commission on Aging.
d. Oath of Office: Don Read - Economic Development Commission.
***"'*
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any Ji!l!l1 actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
**"'**
CONSENT CALENDAR
(Items 5 through 10)
The staff recommendations regarding the foUowing items listed uruler 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 flU 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 wiU be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Claims against the City: Claimant Number 1 - Aurelia Hernandez, clo Jorge O. Gonzales, Esq.,
Wood & Gonzales, Attorneys at Law, 1810 Palm Ave., National City, CA 91950; Claimant
Number 2 - Fermin Mora, clo Donald Wayne Russell, Attorney at Law, 209 Third Ave., Chula
Vista, CA 91910. It is recommended that the claims be denied.
Agenda
-2-
May 3, 1994
b. Letter of resignation from the Commission on Aging - Anne M. Nute, 425-B Oaklawn, Chula
Vista, CA 91910. It is recommended that the resignation be accepted and the City Clerk be
directed to post immediately according to the Maddy Act in the Clerk's Office and the Public
Library.
6.A. ORDINANCE 2591
AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH
THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM (first readilll!) -
Memorandums of Understanding with the Chula Vista Employees
Association, Police Officers Association, and International Association
of Fire Fighters contain provisions whereby the City agreed to amend
its contract with the Public Employees' Retirement System (PERS) to
include the optional benefit known as Military Service Credit as Public
Service for local miscellaneous and local safety members. Staff
recommends Council place the ordinance on first reading and approve
the resolution. (Director of Personnel)
B. RESOLUTION 17467
INTENTION TO APPROVE AN AMENDMENT TO CONTRACT
WITH THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM
7. RESOLUTION 17468
ESTABLISHING FISCAL YEAR 1993/94 FRINGE BENEFITS
FOR UNREPRESENTED, MIDDLE MANAGEMENT AND
EXECUTIVE MANAGEMENT - At the 3/8/94 Council Meeting,
directions to negotiators were provided during closed session. The
resolution establishes the fringe benefits for Unrepresented, Middle and
Executive Managers in accordance with those directions. Staff
recommends approval of the resolution. (Director of Personnel)
8. RESOLUTION 17469
ACCEPTING BIDS AND AWARDING CONTRACT FOR
"PLACEMENT OF VARIOUS TYPES OF STREET SURFACING
(ASPHALT CONCRETE, ASPHALT RUBBER HOT MIX,
ASPHALT RUBBER AND AGGREGATE MEMBRANE WITH
SLURRY SEAL) FOR THE 1993/94 OVERLAY PROGRAM AND
CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS
STREETS IN THE CITY (STL-206)"; AND AUTHORIZING
STAFF TO INCREASE QUANTITIES TO EXPEND ALL
AVAILABLE FUNDS FOR THE PROJECT - On 3123/94, bids were
received for placement of 1-112 incb thick asphalt concrete overlay,
asphalt rubber and aggregate membrane with slurry seal and asphalt
rubber hot mix overlay. The work also includes removal of alligatored
pavement areas and replacement with asphalt concrete; the milling of
street pavement in certain areas; signal loops, traffic control,
adjustment of manholes and storm drain cleanouts; adjustment of
survey well monuments; removal of curbs, gutter, and sidewalk; and
the construction of pedestrian ramps, and other miscellaneous work
shown on the plans. Staff recommends approval of the resolution.
(Director of Public Works)
Agenda
-3-
May 3, 1994
9.A. RESOLUTION 17470
AMENDING SCHEDULE ID "PARKING PROHIBITION AT ALL
TIMES ON CERTAIN STREETS" RESCINDING PARKING
RESTRlCTIONS ALONG FOURTH AVENUE AND RETAINING
THE PARKING RESTRlCTION ALONG DAVIDSON STREET-
On 4/11/94, staff received a memo from the Police Chief stating that
the parking along Fourth Avenue was no longer needed for "Official
Vehic1es" and should be restored to public parking with the caveat that
the parking be "One-Hour Time Limited" to provide additional parking
for patrons of the Civic Center complex. Staff recommends approval
of the resolutions. (Director of Public Works)
B. RESOLUTION 17471
AMENDING SCHEDULE VI "PARKING TIME LIMITED ON
CERTAIN STREETS" AND CREATING A ONE-HOUR
PARKING ZONE IN THE AREA OF FOURTH A VENUE AS
DESCRlBED IN THE SCHEDULE
10. REPORT
REQUESTING COUNCIL SCHEDULE CONSIDERATION OF
THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S
(GMOC) 1993 ANNUAL REPORT FOR THE COUNCIL
WORKSHOP MEETING OF MAY 26, 1994 - In prior years, the
Council has requested that their review of the GMOC report be
conducted in a workshop setting. The GMOC has prepared their report
and is ready to meet with Council. Staff recommends Council confirm
the 5/26/94 workshop date for consideration of the GMOC's 1993
Annual Report. (Director of Planning)
* * 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 n Request to Speak Form n available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete
the pink form to speak in opposition to the staff recommendation.) Comments are limited to Jive minutes per
individual.
11.
PUBLIC HEARING
REGARDING EXISTING AND PROPOSED RATES AND
CHANGES FOR COX CABLE'S BASIC SERVICE TIER AND
ASSOCIATED EQUIPMENT - As authorized by the Federal Cable
Act of 1992, the City is reviewing the rates charged by Cox Cable
since 9/1193 for the Basic Service Tier of cable television service and
associated equipment. Cox Cable has requested additional time to
review the City's analysis of its Basic Service Tier rates and to review
new regulations issued by the Federal Communications Commission on
3/30/94. Staff recommends continuance of the public hearing and
approval of the resolution. (Administration)
RESOLUTION 17472
APPROVING THE ISSUANCE OF AN ACCOUNTING ORDER
TO COX CABLE
Agenda
-4-
May 3, 1994
ORAL COMMUNICATIONS
This is an opportunity for the general pubUc to address the City Council on any subject malter within the
CouncU's jurisdiction that is lJ!l1 an item on this agenda. (State law, however, generaUy prohibits the City
Councilfrom taking action on any issues not included on the posted agenda.) ]fyou wish to address the Council
on such a subject, please complete the yellaw "Request to Speak Under Oral Communications Form" available
in the labby and submit it to the City Cleric prior to the meeting. Those who wish to speak, please give your name
and address for record purposes and follaw up action. Your time is Umited 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 submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to eUcit substantial discussions and deliberations by
the CouncU, s/liff, or members of the general public. The items will be considered individuaUy 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" form available in the lobby and submit it to the City Cleric prior to the meeting.
Public comments are Umited to five minutes.
12. RESOLUTION 17473
INITIATING PROCEEDINGS FOR FORMATION OF A
REIMBURSEMENT DISTRICT FOR THE CONVERSION OF
ELECTRIC UTILITIES ASSOCIATED WITH TELEGRAPH
CANYON ROAD - PHASE II AND CALLING A PUBLIC
HEARING FOR MAY 17, 1994 AT 6:00 P.M. TO ESTABLISH
THE DISTRICT - In October 1990, Council authorized EastLake
Development Company to construct a portion of Telegraph Canyon
Road from east of Paseo Ladera to east of Apache Drive and further
agreed that the costs associated with said construction would be eligible
for Transportation Development Impact Fee (DIF) credit. EastLake
Development Company bas requested tbatthe underground conversion
costs associated with the project be DIP eligible. However, the costs
have typically not been eligible, and City staff recommends that a
Reimbursement District be formed instead. Staff recommends approval
of the resolution. (Director of Public Works)
l3.A. ORDINANCE 2592
AMENDING SECTION 17.10.100 TO PERMIT PAYMENT OF
REQUlRED PARK FEES 60 DAYS AFTER MAP APPROVAL
BUT BEFORE MAP RECORDATION, AND AMENDING
SECTION 18.16.100 TO CLARIFY LANGUAGE ALLOWING
BONDS TO BE PROVIDED AFTER MAP APPROVAL 1!'im
readiml) - On 1/19/93, Council approved the Tentative Subdivision
Map for Tract 93-03, Telegraph Canyon Estates. The fourth final map
for said tentative map is now before Council for approval. The
developer has requested that payment of Park Acquisition and
Development (PAD) fees be deferred until after map approval. The
proposed Municipal Code amendment would allow the alternative.
Staff recommends Council place the ordinance on first reading and
approve the resolutions. (Director of Public Works, Director of
Planning, Director of Community Development, and Director of Parks
and Recreation)
B. RESOLUTION 17474
RENAMING THAT PORTION OF GOTHAM STREET WITHIN
THE BOUNDARIES OF THE TELEGRAPH CANYON ESTATES
SUBDMSIONS TO CHATEAU COURT
Agenda
-5-
May 3, 1994
E. RESOLUTION 17477
AMENDiNG CERTAiN CONDITIONS OF RESOLUTION
NUMBER 16%0 APPROVING THE TENTATiVE SUBDMSION
MAP FOR TRACT 93-03, TELEGRAPH CANYON ESTATES
AMENDiNG THE SUPPLEMENT AL SUBDiVISION
IMPROVEMENT AGREEMENT APPROVED BY RESOLUTION
17279 REQUIR1NG DEVELOPER TO COMPLY WITH
CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION
NUMBER 16%0, APPROVING A TENTATiVE SUBDMSION
MAP FOR TELEGRAPH CANYON ESTATES, AND
AUTHORIZiNG THE MAYOR TO EXECUTE SAME
APPROVING FiNAL MAP OF TRACT 93-03, TELEGRAPH
CANYON ESTATES NEIGHBORHOOD 1 UNIT 2, ACCEPTiNG
ON BEHALF OF THE PUBLIC THE PUBLIC STREETS
DEDICATED ON SAID MAP, AND THE EASEMENTS
GRANTED ON SAID MAP WITHiN SAID SUBDMSION, AND
APPROVING SUBDMSION IMPROVEMENT AGREEMENT
FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDMSION, AND AUTHORIZiNG THE MAYOR TO
EXECUTE SAID AGREEMENT
C. RESOLUTION 17475
D. RESOLUTION 17476
14. REPORT
EAST OTAY MESA SPECIFIC PLAN - The County of San Diego
is currently processing a Specific Plan for East Otay Mesa. The City
has previously raised concerns regarding traffic, transportation facility
financing and phasing, jobs /housing balance, and biology. The County
Board of Supervisors is scheduled to take action on the matter on
5/4/94. Staff recommends that Council review and enforce a final set
of comments to be forwarded to the Board of Supervisors on the
matter. (Director of Planning) Continued from the meeting of
4/26/94.
15. REPORT
UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report
will be given by staff.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the CiJy Council wiu 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 puUed by Councilmembers.
Public comments are Umited to five minutes per individual.
OTHER BUSINESS
16. CITY MANAGER'S REPORTISl
a. Scheduling of meetings.
17. MAYOR'S REPORTISl
a. Ratification of appointment to the Economic Development Commission: John Munch (Financial
Background).
b. A progress report on sewage.
Agenda
-{)-
May 3, 1994
18. COUNClL COMMENTS
Councilmember Horton
a. Weighted Vote Issue for Special Act District (SAD).
CLOSED SESSION
Unhss the City Attomey, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deUberote on the foUowing items of business which are pennilted by law to be the subject of a clased
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 reporls of JilJJJl action
taken in closed session, and the votes taken. However, due to the typical kngth of time taken up by closed
sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and a4joumment will not be videotaped. Neverlheless, the reporl
of final action taken will be recorded in the minutes which will be availoble in the City Clerk's Office.
19. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Govennnent Code Section 54956.9
. American Bonding vs. the City of Chula Vista
. City of Chula Vista vs. the County of San Diego (Surcharge)
. Chaparral Greens vs. the City of Chula Vista, County of San Diego, and Baldwin
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Govennnent Code Section
54956.8
. Property: Potential acquisition of Bayscene Mobilehome Park, II 0 Woodlawn Avenue,
Chula Vista, California.
Negotiating parties: Richard HalllHall Company, Community Development, and the City
Attorney's office.
Under negotiation: Purchase price and terms of payment.
20. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
ADJOURNMENT
The meeting will adjourn to the Regular City Council Meeting on May 10, 1994 at 6:00 p.m. in the City Council
Chambers.
A Joint Meeting of the City CouncillRedevelopment Agency will be held immediately following the City Council
Meeting.
April 28, 1994
SUBJECT:
The Honorable Mayor and City coun~~
John D. Goss, City Manager..J~ ~~
City Council Meeting of May 3, 1994
TO:
FROM:
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, May 3, 1994. Comments regarding
the written Communications are as follows:
5a. IT IS RECOMMENDED THAT THE CLAIMS FILED AGAINST THE CITY BY
AURELIA HERNANDEZ AND FERMIN MORA BE DENIED.
5b. IT IS RECOMMENDED THAT THE RESIGNATION OF ANN M. NOTE OF THE
COMMISSION ON AGING BE ACCEPTED WITH REGRET AND THAT THE CITY
CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY
ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY.
COUNCIL AGENDA SfATEMENT
Item.~
Meeting Date 5/3/94
SUBMITI'ED BY:
Proclamation: Recognizing the Bonita Optimist Club for developing a family
park area Rohr Park known as the Bonita Optimist Family Park
Director of Parks and Recreation ~
ITEM TITLE:
Due to the high level of support given to the City of Chula Vista by the Bonita Optimists Club
through their efforts in constructing a new picnic and play area in the Fort Apache area of Rohr
Park, staff recommends that they be given a proclamation recognizing their efforts.
Mr. Hal Segal, President of the Bonita Optimist Club, will receive the proclamation.
.,
lfb..j
COUNCll.. AGENDA STATEMENT
Item
Meeting Date: 513/94
'-/e
SUBMlnlID BY:
PROCLAMATION: Proclaiming Mayas Older Americans Month
Director of Parks and Recreatio~ '
ITEM 1ITLE:
May is the month that the nation takes time to acknowledge and celebrate the achievements and
contributions of its older citizens. During this month there are public recognitions of elders with
particular attention to the Centenarians in our community.
The Chula Vista Commission on Aging each year publicly thanks the local Centenarians for their
contributions. The Centenarians are also invited to attend the City Council meeting in which the
Proclamation is presented. The City of Chula Vista prints enough Proclamations for each
Centenarian to have one. IT they are unable to attend the Council meeting, members of the
Commission deliver them to each individual. This has been a very successful event each year. The
Centenarians and their families appreciate this recognition.
Each year Norman Park Senior Center has special activities that celebrate the many contnbutions
of the senior residents In Chula Vista. This year the center will kick off the month long celebration
with a special recognition of long lived elders at the May 5, 1994 potluck and general meeting. The
big celebration of the month is the Tea Dance scheduled for May 19th.
The Proclamation will be accepted by Dorathea Grindle of the Cbula Vista Commission on Aging.
.
,
.J/c-)
COUNCIL AGENDA STATEMENT
Item
4~}
Meeting Date 5/3/94
ITEM TITLE:
Claims Aqainst the city
Director of personnel~
(4/5ths Vote: Yes____ No~)
SUBMITTED BY:
REVIEWED BY:
City Manaqer
Claimant No. 1:
Ms. Aurelia Hernandez
c/o Jorqe o. Gonzales, Bsq.
Wood , Gonzales
Attorneys at Law
1810 Palm Avenue
National City, CA 91950
On March 22, 1994, Ms. Aurelia Hernandez filed a
the city of Chula vista for personal injuries she received
with a trip and fall on a public sidewalk. Ms. Hernandez
within the jurisdiction of the superior Court.
claim aqainst
in connection
.eeks damaqes
Because of the city's remote liability, it is the recommendation
of our claims adjustors, Carl Warren' company, and Risk Manaqement that
the claim be denied.
Claimant No.2:
Mr. Fermin Mora
c/o Donald Wayne Russell
Attorney at Law
209 Third Avenue
Chula Vista, CA 91910
.
'On March 28, 1994, Mr. Fermin Mora filed a claim aqainst the
City for personal injuries he received on January 18, 1994, durinq an
incident with our Police Department. Mr. Mora seeks damaqes within the
jurisdiction of the superior Court.
Althouqh liaility is questionable, we are continuinq our inves-
tiqation and it is desirable to start the statute of limitations. It is
the recommendation of our claims adjustors, Carl Warren' company, and
Risk Manaqement that the claim be denied.
RECOMMENDATION: Deny the above two claims.
"
5a--/
Form A-113 (Rev. 11/79)
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COUNCIL AGENDA STATEMENT
B.
ITEM
MEETING DATE Mav 3. 1994
Ordinance .;..5'9/ of the City Council of the City of Chula
Vista Authorizing an Amendment to the Contract Between the
City of Chula Vista and the Board of Administration of the
California Public Employees Retirement System.
Resolution 17Ljt, Zf Intention to Approve an Amendment
to Contract Between the Board of Administration of the Public
Employees Retirement System and the City Council of the
City of Chula Vista.
t,
ITEM TITLE:
A.
SUBMITTED BY: Director of Personnel CJ;
REVIEWED BY: City ManagerJtt ~~
(4/5ths Vote: Yes_ No..lL)
Memorandums of Understanding with Chula Vista Employees Association, Police Officers
Association, Police Officers Association, and International Association of Fire Fighters
contain provisions whereby the City agreed to amend its contract with the Public
Employee's Retirement System (PERS) to include the Optional Benefit known as Military
Service Credit as Public Service for local miscellaneous and local safety members.
RECOMMENDATION: Place the ordinance on first reading and adopt the Resolution
declaring the City's intent to approve an amendment to the PERS Contract in order to
provide military service credit as Public Service to employees covered by the PERS
contract.
BOARDS/COMMISSION RECOMMENDATION: N/A
DISCUSSION: This pension option allows employees who have served in the military
to pay amounts determined by PERS in order to obtain pension benefits which reflect
up to four years of military service. The option is not available to military retirees.
FISCAL IMPACT: None EmPloveeS eliaibl.e far this bllnefjt pay theJlJlI cost,
There is a potential tor'neg IgiollllOcreasea unturideahal>llity. Accor 109 to the PE~S
actuarial department, the unfunded liability could result if the City amended Its
contract after one or more employee's costs have been calculated. It is also possible
that an employee choosing the option could receive pay increases in excess of the
average, or live longer than actuarial assumptions.
~-I
ORDINANCE NO.
~.5'91
AN ORDINANCE OF THE CITY OF CHULA VISTA
AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY OF CHULA VISTA AND THE BOARD
OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM
The City Council of the city of Chula vista does ordain
as follows:
Section 1. That an amendment to the contract between the
city council of the city of Chula vista of the city of Chula vista
and the Board of Administration, California Public Employees'
Retirement System is hereby authorized, a copy of said amendment
being attached hereto, marked "Exhibit", and by such reference made
a part hereof as though herein set out in full.
Section 2.
hereby authorized,
amendment for and on
The Mayor of the city
empowered, and directed
behalf of said Agency.
of Chula vista is
to execute said
Section 3. This ordinance shall take effect thirty days
after the date of its adoption, and prior to the expiration of
fifteen days from the passage thereof shall be published at least
once in the Chula vista Star News, a newspaper of general
circulation, published and circulated in the City of Chula vista
and thenceforth and thereafter the same shall be in ful force and
effect.
Bruce M.
Attorney
, City
Presented by
Candy Boshell, Director of
Personnel
C:\or\per8
& /1-/
RESOLUTION NO. I ?l/ & 'I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OF INTENTION TO APPROVE AN
AMENDMENT TO CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE
CITY OF CHULA VISTA
WHEREAS, the Public Employees' Retirement Law permits the
participation of public agencies and their employees in the Public
Employees' Retirement System by the execution of a contract, and
sets forth the procedure by which said public agencies may elect to
subject themselves and their employees to amendments to said Law;
and,
WHEREAS, one of the steps in the procedures to amend this
contract is the adoption by the governing body of the public agency
of a resolution giving notice of its intention to approve an
amendment to said contract, which resolution shall contain a
summary of the change proposed in said contract; and,
WHEREAS, the following is a statement of the proposed
change:
To provide section 20930.3 (Military Service Credit as
Public Service) for local miscellaneous members and local
safety members.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby give notice of intention to approve
an amendment to the contract between the City Council of the City
of Chula vista and the Board of Administration of the Public
Employees' Retirement System, a copy of said amendment being
attached hereto, as an "Exhibit" and by this reference ade a part
hereof.
Candy Boshell, Director of
Personnel
Bruce M.
Attorney
form
Presented by
C:\rs\PERSl
~tJ"l
COUNCIL AGENDA STATEMENT
ITEM
'}
.
MEETING DATE Mav 3.1994
1,1fJ,Y'
ITEM TITLE: RESOLUTION Establishing FY 93-94 fringe benefits for
Unrepresented, Middle Management and Executive Management.
SUBMITTED BY: CITY MANAGER~(;. ~ ~ (4/5th Vote: Yes_ NolU
At the March 8, 1994 City Council meeting, directions to negotiators were provided
during closed session. The attached resolution establishes the fringe benefits for
Unrepresented, Middle and Executive Managers in accordance with those directions.
(Also attached is a copy highlighting all changes made to the resolutions.)
RECOMMENDATION:
That Council adopt the resolution establishing FY 93-94
fringe benefits for Unrepresented, Middle Management and
Executive Management.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Unreoresented Emolovees - Classifications in this group include:
Bookstore Manager (NIC)
Confidential Administrative Secretary
Confidential Bilingual Secretary
Executive Assistant to the City Manager
Legal Assistant
Personnel Analyst
Personnel Technician
QWL/Training Coordinator
Receptionist/Mayor and Council Assistant
Risk Analyst
Secretary to the Assistant City Manager
Secretary to the City Attorney
Secretary to the City Manager's Office
Secretary to the Mayor/Council
Secretary to the Planning Commission
Secretary to the Redevelopment Agency
It is recommended that the Flexible Benefit Plan for this group be increased by $130
for FY 93-94. (This is equal to the increase granted to CVEA represented employees.)
7~/
With respect to maximum vacation accruals, the City Attorney has advised that once
accrued. vacation may not be cut off; therefore, we recommend that we return to the
policy of not accruing beyond the established three-year limit at any time rather than
once a year. This is provided for in the new language. In several additional sections
language has been included for the purpose of clarifying existing practices and the list
of classifications has been updated to include the Unrepresented classes of Legal
Assistant and Receptionist/Mayor and Council Assistant.
Middle Manaaement - The middle management group includes the following
classifications:
Assistant Transit Coordinator
Battalion Chief
Building Project Supervisor
Building Services Superintendent
Business Office Manager
CIP Supervisor
Collections Supervisor
Communications Systems Manager
Computer Operations Manager
Conservation Coordinator
Deputy City Attorney
Deputy City Clerk
Deputy Director of Parks and Recreation
Disaster Preparedness Coordinator
Development Projects Manager
Environmental Projects Manager
Environmental Resource Manager
Environmental Review Coordinator
Fire Marshal
Fleet Manager
Geographic Information Systems Manager
Housing Coordinator
Information Systems Manager
Landscape Architect
Library Automation Manager
Micro Computer Specialist
Open Space Coordinator
Principal Community Development Specialist
Principal Librarian
Principal Management Analyst
Principal Management Assistant
Principal Personnel Analyst
Principal Planner
Public Information Coordinator
Public Works Coordinator
Public Works Maintenance Superintendent
? "'d.-
'.
Purchasing Agent
Recreation Superintendent
Redevelopment Coordinator
Risk Manager
Senior Accountant
Senior Animal Control Officer
Senior Civil Engineer
Senior Community Development Specialist
Senior Crime Analyst
Senior Librarian
Senior Management Analyst
Senior Management Assistant
Senior Park Supervisor
Senior Personnel Analyst
Senior Planner
Senior Public Works Supervisor
Senior Recreation Supervisor
Supervising Construction Specialist
Supervising Evidence Technician
Systems and Programming Manager
Traffic Engineer
Transit Coordinator
Volunteer Coordinator (NIC)
The FY 93-94 Fringe Benefit Plan for Middle Managers is recommended to provide the
same $130 per year Flex Plan increase received by CVEA and to revise the Vacation
Accrual Policy as noted in the Unrepresented recommendations. A section has also
been added to clarify the policy related to flexible work schedules. As with the
Unrepresented group, in several sections additional language has been added to clarify
existing practices. The list of classes in the Middle Management group has been
updated to include the Council approved middle management classes of CIP Projects
Supervisor, Collections Supervisor, and Environmental Projects Manager. Equipment
Maintenance Supervisor, Principal Civil Engineer. Recreation Superintendent and
Design Review Coordinator were deleted because they are not utilized; and the title
of Deputy Director of Parks and Recreation was corrected.
Executive Manaaement - The executive management group includes the following
classifications:
City Manager
City Attorney
City Clerk
Assistant City Attorney
Assistant City Attorney/Chief Litigator
Assistant City Manager
Assistant to the City Manager
7:3
Assistant Director of Building & Housing
Assistant Director of Community Development
Assistant Director of Finance
Assistant Director of Personnel
Assistant Director of Planning
Assistant Library Director
Budget Manager
Chief of Police
Deputy City Manager
Deputy Director of Public Works/City Engineer
Deputy Director of Public Works/Operations
Deputy Director of Building & Housing
Director of Community Development
Director of Finance
Director of Management & Information Services
Director of Parks and Recreation
Director of Personnel
Director of Planning
Director of Public Works
Executive Director, Nature Interpretive Center
Fire Chief
Library Director
Police Captain
Revenue Manager
Special Planning Projects Manager
Special Projects Manager
It is recommended that the FY 93-94 Flex Plan for Executive Managers be increased
by $130 (the same as CVEA). For your convenience, the same $130 Flex Plan
increase has been included for the City Manager, City Attorney, City Clerk and
Assistant City Manager. If this presents a problem because the Council
subcommittees dealing with salary and benefits have not yet been formulated, that
section may be deleted. It is also recommended that the Vacation Accrual Policy be
changed as noted in the Unrepresented recommendations. As with the other groups,
additional language has been included in several sections to clarify existing practices.
FISCAL IMPACT: The additional cost to implement the above-mentioned
recommendations for all three groups is $16,120 and is within the guidelines
established by the City Council. The actual appropriating resolution for FY 1993-94
will be forwarded to the City Council when negotiations with all employee groups are
completed and the Finance Department has determined the exact dollar amount
required.
EWP:AGENDA\SAL.BEN.94]
7-'1
RESOLUTION NO.
17'1~8'"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING FY 93-94 FRINGE
BENEFITS FOR UNREPRESENTED, MIDDLE MANAGEMENT
AND EXECUTIVE MANAGEMENT
WHEREAS, at the March 8, 1994 City Council meeting,
directions to negotiators were provided during closed session; and,
WHEREAS, it is now necessary to provide for the
recommended increases in fringe benefits for unrepresented, middle
management and executive management employees.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the Fringe Benefit
Compensation for the Unrepresented, Middle Management and Executive
Management employees for FY 1993-94 as set forth in Attachment 1
and incorporated herein by reference as if set fo h in full.
Presented by
I
Bruce M.
Attorney
l fo~:i)
l.ty
John Goss, City Manager
U:\ho.e\attorney\unrep.sal
7 ~ /7- {]
ATTACHMENT 1
EXECUTIVE, MIDDLE MANAGEMENT AND UNREPRESENTED
FRINGE BENEFIT COMPENSATION
FISCAL YEAR 19923.~~
.:,:.:' ~.,.>
I. EXECUTIVE GROUP
A. Membership
City Manager
City Attorney
City Clerk
Assistant City Attorney
~.."'"".I!l"'~r""'ll'1W.,,o".."..KatmWililf?!m'Ol"""-""^
~i~!~~~tlt&B~~iite~g~~tMtii*J:j~~~f&t;~H!
Assistant City Manager
Assistant to the City Manager
Assistant Director of Building & Housing
Assistant Director of Community Development
Assistant Director of Finance
Assistant Director of Management and Information Services
Assistant Director of Personnel
Assistant Director of Planning
Assistant Library Director
Budget Manager
Chief of Police
Deputy City Manager
mipfJ'I;mEI~lf!'~!1f111ig!jl!l~.liImlln.
Deputy Director of Public Works/Operations
De(3llty Oireeter ef EA€liAeeriR€l
Director of Building and Housing
Director of Community Development
Director of Finance
Director of Management and Information Services
Director of Parks and Recreation
Director of Personnel
Director of Planning
Director of Public Works
Executive Director, Nature Interpretive Center
Fire Chief
Library Director
Police Captain
1993-94 Executive Management Fringe Benefits
?-7
Page 1
Revenue Manager
Special Planning Projects Manager
Special Projects Manager
B. Fringe Benefits
1. Deferred Compensation Plan
(A) Employees in the Executive Group may participate in the City's approved deferred
compensation plans.
(B) There will be a cap of 25% of the adjusted flex plan balance which may be used
for deferred compensation, provided the employee has contributed a like amount
during the same fiscal year.
2. Flexible Benefit Plan
Effective 7/1~~,the Executive Group, with the exception ofthe City Clerk, City Attomey,
Assistant City Mana er and the City Mana er,1MltililiWi/ti':$$'l:Il!Si(ilhllll!hj;t"J1J!iiljiil;1I
1I1f1~I~lil,ifll~!'!!!f~~;lt""!~~!l'!l~!~~!ft!!!\,
Qf"SFRpIS.y9't'ta.QvR.9mC'.,;..s....c.PQQ'jfhlQ IR t~Q {,\(EI. MaR=lQraRGlYR=I gf UAlifflRataRdiRg for r;y
1 QQO Q:a, and any additional uses approved by City Council.
_ILIJi'lilllllllillilllllllflllll'lfIt(g
3. Health and Dental Payroll Deductions Treated as Pre-Tax
Under Sections 125, 105, and 213 of the Intemal Revenue Code, the City will treat all
payroll deductions for health and dental care on a pre-tax basis, unless an affected
employee requests that such deductions be taxed. If the City does not meet IRS
regulations or if the IRS regulations change for any reason, this benefit may be
discontinued.
4. Medical Premium Retirement Benefit Plan
The City will offer a medical premium retirement benefit plan, under Section 457 (f) of the
Internal Revenue Code, through the JPEBA. Joint Powers Employees Benefit Authority (or
an equivalent plan). This program will provide employees the option of making unlimited
pre-tax contributions from their wages to pre-fund post-retirement health Insurance
premium costs for themselves and their dependents. Since IRS Section 457(f) requires
restrictions on the program that can result in forfeiture of the contributions to the City for
specified reasons, employees are advised to carefully review the information that will be
provided on the program prior to deciding whether or when to participate.
Participating employees will pay the participant costs (currently $24 per year). If the City
does not meet IRS regulations or if the IRS regulations change for any reason, this benefit
maybe discontinued.
1993-94 Executive Management Fringe Benefits
7-t'
Page 2
5. Flexible Spending Accounts (FSA's)
Employees may elect to budget by salary reduction, for certain health and dependent
care reimbursements on a pre-tax basis. The rules goveming FSA's are contained in the
Intemal Revenue Code.t%I~flSS.VnlHarMltii\nil~~"'riiEattjffliWm~R<f.QiiUW..>+'l~llii:l
lig]lllill If IRS rQgyfat1~~::;"~;Q~~:gg~;':Q~tt";~~~:,l;:g;~'A;~'::~1:~iR~'^r;~;~a1t:~~T~f:
benefit may be discontinued.
(A) Health Care FSA . Employees may reduce their salary up to $2,500 to pay for
eligible health related expenses. Salary reductions not spent by the end of the
plan year, by law, are forfeited to the City.
(B) Dependent Care FSA - Employees may reduce their salary up to $5,000 to pay
for eligible dependent care. Salary reductions not spent by the end of the plan
year, by law, are forfeited to the City.
(C) FSA Administration - Participating employees will pay the monthly, per employee
or per transaction administration fees, if any.
6. Long Term Disability Insurance
The City will pay the full cost of the long-term disability insurance premium for executive
positions.
7. ute Insurance
City pays for life insurance polley in the amount of $47,000 each. An additional $3,000
group term life insurance policy is included in the flexible benefits plan.
8. PERS
16~liljrl'lll"f'~'!!j"rl!!.!lt
UUI Pl.lbli; E~plQyag RQtiFSFRQAt 9ystaFR fgr all 8xQQuti~:Q pasitiQR& gx;:gpt tl=la C'Rigf ;f
PgllQQ .~mg 11:10 C'~' pays tl=la g~ 8FRplg:ya8 g8RtFibbltiQR tg PliRS. The PERS 1959
Survivors Benefit Third Level employee premium cost per month will be paid by the City.
9. Sick Leave Reimbursement
Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules,
Chapter 2.00, Section 2.02.
10. Vacation
1993-94 Executive Management Fringe Benefits
?-&j
Page 3
li..gn\~fiil;;..:~:~IL::~~~;:liilil!.I!l!r.JfII
tluea tiMQt Uua Rl.IFRbar of aRRl.lal a.FReel ~}2G:atiQR days, fl tA8 8R" of Uua fiFE! pay p,u:iG~1iI
$OMFR8R;iRg IR I.AY.l't. RAY -/agatiQA balaRoe aXQgscllRs tRia aMOl.lAt '.\fillb; fQRQitacl.
(For ax.Alpls, aR 8R=1plgYQQ a.FRiRS 20 days par year gOl.lld A2lJQ a vagaliOR baRk of 10
gays or Mare, f.FPj va;2tiQA laalaRoo iR oxaass gftl:lia 10 clay FRaXiAUIFR '.YOl.llcllaa fGReitod
if AQt yaoGllay UUiI laat day at fRO fiF&t pay p,uiad QOFRFR8RQiRg 1Ft JaRl.Ia~ )
11. Holidays
1Ji!.~!l~i!?!lit9jll!miim;.!It_J]llrmfiiiq'.l T.1l1l flllatiAg Illllililay tilRllllllolsl Iall
...&8;1 't.'itRiR tRg fisQal year. TAG City 'fAil I;g glGaed OR nISi! fQlha.taRRg I:ualidaya"
Independence Day,tB~..; r..alallr liIay, Thanksgiving, Day after Thanksgiving,
Christmas. New Year's Day, Memorial Day.
12. Mileage Reimbursement
Executive managers may be eligible for the City's Mileage Reimbursement Program when
required to use their private automobile for authorized City business.
26q; per mile
24q; per mile
22q; per mile
first 200 mUes
next 300 miles
- over 500 miles
13. Administrative Leave
14. Auto Allowance
The City Manager has authorization to provide.l~lb.II@~'1 at Ilis liIiSClr:eliIlA. an
auto allowance of up to $285/month for certain executive managers with the allowance
contingent on evidence of adequate auto insurance.
1993-94 Executive Management Fringe Benefits
7../P
Page 4
C. All officers ('employees') provided for herein are FLSA-exempt.
Effective April 15, 1986, an FLSA-exempt employee shall not be placed in leave without pay status
for any absence, due to personal reasons not covered by some form of leave with pay, of less
than the employee's regular work day, but rather shall be charged annual leave time, if available,
for the absence and shall be paid for the portion of the absence not covered by such leave time,
so long as the employee has, In fact, worked for a portion of the work day. If the exempt
employee is absent from an entire work day, he/she shall be charged annual leave time for the
absence, if available, and shall be placed in leave without pay status for the portion of the
absence not covered by such leave. Thus, for example, if an exempt employee works three hours
of a work day, is authorized to take five hours of the day off for personal reasons, and has at the
time three hours of annual leave time available, the employee will be charged his/her three hours
of leave time and will be paid, for the remaining two hours of the absence. As a further example,
if an exempt employee is authorized to take an entire work day off for personal reasons and has,
at the time, six hours of annual leave available, the employee will be charged his/her six hours of
leave time and will be placed in leave without pay status for the remaining two hours of the
absence. If such absences are not authorized by the employee's supervisor, the employee shall
be placed in absence without leave (AWOL) status, and disciplinary action shall be considered,
as appropriate. Every attempt should 'be made to minimize absences without leave of less than
one work day for FLSA-exempt employees.
Effective April 15, 1986, an FLSA-exempt employee who is absent due to sickness or disability for
less than a work day and whose sick leave and annual leave balances are Inadequate to cover
the absence shall be paid for the portion of that less-than-a-day absence not covered by such
leave time, so long as the employee has, in fact, worked for a portion of the work day. If the
employee is absent for an entire work day due to sickness or disability, he/she shall be charged
sick leave and/or annual leave time for the absence, if available, and shall be placed in leave
without pay status for the portion of the absence not covered by such leave time. Thus, for
example, if an exempt employee works two hours of the day and Is off for six hours due to
sickness and has at the time two hours of sick leave and two hours of annual leave time, the
employee will be charged his/her four hours of leave time and will be paid for the remaining two
hours of the absence. As a further example, if an exempt employee is absent for an entire work
day due to sickness, and has, at the time, two hours of sick leave and four hours of annual leave,
the employee will be charged his/her six hours of leave time and will be placed in leave without
pay status for the remaining two hours of the absence. If such absences are not authorized by
the employee's supervisor, the employee shall be placed in absence without leave (AWOL) status,
and disciplinary action shall be considered, as appropriate. Every attempt shall be made to
minimize absences without leave of less than one work day for FLSA-exempt employees.
.:\fringe\oxec-bon.cpr
1993-94 Executive Management Fringe Benefits
7~//
Page 5
ATTACHMENT
EXECUTIVE, MIDDLE MANAGEMENT AND UNREPRESENTED
FRINGE BENEFIT COMPENSATION
FISCAL YEAR 199a!-93!
II. MIDDLE MANAGEMENT GROUP
A. Membership
Assistant Transit Coordinator
Battalion Chief
Building Projects Supervisor
Building Services Superintendent
Business Office Manager
... . .IA'lilli~!
.... .. ....:-.,,"" .>>.gRL.:;...~-:-.~.:::.>>',},~
Commuriicatfons~ Systems Manager
Computer Operations Manager
Conservation Coordinator
Deputy City Attorney
Deputy City Clerk
m1!WllImrnml1.'ll\1ia1l.1!~~~"m1il~~r_""'o
~vl~*Jk~Y~~lMUfiM~t~...;:.': -:.?~.::.:'..g.:.. ': .:.:.B
De(al,lt')' Direetar af ReOfeatien
Disaster Preparedness Coordinator
Development Projects Manager
l:'a"'_"",jiiiftllr""r"'^".:.""g~lI~..",'W..~
m~~!8Mn~!MmJ~tIIEjf:!i~wt~..~[
Environmental Resource Manager
Environmental Review Coordinator
Fire Marshal
Fleet Manager
Geographic Information SysteJl'lS Manager
Housing Coordinator
Information Systems Manager
Landscape Architect
Ubrary Automation Manager
Micro Computer Specialist
Open Space Coordinator
Principal Community Development Specialist
Principal Ubrarian
Principal Management Analyst
Principal Management Assistant
Principal Personnel Analyst
Principal Planner
Public Information Coordinator
FY 93/94 Middle Management Fringe Benefits
7 "/.2
Page 1
Public Works Coordinator
Public Works Maintenance Superintendent
Purchasing Agent*
Redevelopment Coordinator
Risk Manager
Senior Accountant
Senior Animal Control Officer
Senior Civil Engineer
Senior Community Development Specialist
Senior Crime Analyst
Senior Librarian
~1.R"ltI.'_JI
Senior Management Assistant
Senior Park Supervisor
Senior Personnel Analyst
Senior Planner
Senior Public Works Supervisor
Senior Recreation Supervisor
Supervising Construction Specialist
Supervising Evidence Technician
Systems and Programming Manager
Traffic Engineer
Transit Coordinator
Volunteer Coordinator (NIC)
*Incumbent receives executive management fringe benefits.
B. Fringe Benefits
1. Retirement
The City will pay the 7% employee's contribution to the Public Employees
Retirement System for non-safety classifications. For safety classifications,
the City will pay 7%, and the employees will pay 2% of the 9% employee's
contribution to PERS.
2. Deferred Compensation Plans
(A) Employees in the Middle Management Group may participate in the
City's approved deferred compensation plans.
(B) There will be a cap of 25% of the adjusted flex plan balance which
may be used for deferred compensation, provided the employee
has contributed a like amount during the same fiscal year.
FV 93/94 Middle Management Fringe Benefits
7~/J
Page 2
3. Flexible Benefit Plan
Effective 7/1/9~, each Middle Manager will receive $6,116$5.545 annually
to be used for the purchase of employee benefits as specified in the CVEA
Memorandum of Understanding for FY 1993-94. 199G 9:3, and any
additional uses approved by City Council.
4. Health and Dental Payroll Deductions Treated as Pre-Tax
Under Sections 125, 105, and 213 of the Internal Revenue Code,
the City will treat all payroll deductions for health and dental care on a pre-tax basis,
unless an affected employee requests that such deductions be taxed. If the City does not
meet IRS regulations or if the IRS regulations change for any reason, this benefit may be
discontinued.
5. Medical Premium Retirement Benefit Plan
The City will offer a medical premium retirement benefit plan, under Section 457 (1) of the
Internal Revenue Code through the JPEBA, Joint Powers Employees Benefit Authority (or
an equivalent plan). This program will provide employees the option of making unlimited
pre-tax contributions from their wages to pre-fund post-retirement health insurance
premium costs for themselves and their dependents. Since IRS Section 457(1) requires
restrictions on the program that can result in forfeiture of the
contributions to the City for specified reasons, employees are advised to carefully review
the information that will be provided on the program prior to deciding whether or when
to participate.
The City will pay the start-up costs associated with third party administration. Participating
employees will pay the participant costs (currently $24 per year). If the City does not
meet IRS regulations or if the IRS regulations change for any reason, this benefit maybe
discontinued.
6. Flexible Spending Accounts (FSA's)
Employees may elect to budget by salary reduction, for certain health and dependent
care reimbursements on a pre-tax basis. The rules governing FSA's are contained in the
Internal Revenue Code. If IRS regulations change or the City does not met IRS
regulations, this benefit may be discontinued.
(A) Health Care FSA - Employees may reduce their salary up to $2,500 to pay for eligible
health related expenses. Salary reductions not spent by the end of the plan year, by
law, are forfeited to the City.
(B) Deoendent Care FSA . Employees may reduce their salary up to $5,000 to pay for
eligible dependent care. Salary reductions not spent by the end of the plan year, by
law, are forfeited to the City.
(C) FSA Administration . Participating employees will pay the monthly, per employee or
per transaction administration fees, if any.
FV 93/94 Middle Management Fringe Benefits
7;/f
Page 3
7. Long Term Disability Insurance
The City will pay the full cost of the long-term disability Insurance premium for middle
management positions.
8. Professional Enrichment
$17,000 will be set aside, outside the flex plan, for professional enrichment to be used
exclusively by Mid-Managers. Professional enrichment may be used for conferences and
training to a maximum of $800 per middle manager per fiscal year.
9. ute Insurance
City pays for a life Insurance policy In the amount of $47,000 each. An additional $3,000
group term life Insurance policy Is Included in the flexible benefits plan.
10. PERS
The PERS 1959 Survivors Benefit third level employee premium cost per month will be
paid by the City.
11. Sick Leave Reimbursement .
Sick leave shall accrue and be reimbursed as designated In the Civil Service Rules,
Chapter 2.00, Section 2.02.
12. Vacation
13. Administrative Leave
Middle Managers will receive 5 normal work days of administrative leave each fiscal year.
!'.clMiRlgtrativa laA'}Q May Rot ba a~gl.lFRwlliltQd traM YG'ar tv year. At the discretion of the
department head, a middle manager may receive up to 2 normal work da s of bonus
ii_;i.iii_.li[.'_III&II~~ltl;~\". ,i~1
FY 93/94 Middle Management Fringe Benefits
7~ /S'
Page 4
I;,: "_iIBflllllll_lI1Itllmltfi.~i!l.ijii~lfI(illreml.
14. Holidays
_Wil!l!llli""'.II~Ii.""^""""'~","..m"'.m"""m'_!"'mr.m...,_."...",,,,.I"...."..'.y..r.._.........'....."'""...'"'' TL. II .
!iMf:"k~\h~l}AntJ~'lg~PII~l.t"~;,')mtHMJntJ.tnmHI~imJ~I!!ktt\m~_iY!naJ:MI~~ +HO ~QatlAg
I:\aliday tiMe FR'-IGt be \uilQd '.-AtRiA tR9 fis;al year. TR& C'~' \-.411 be gigGed ~A ~8 fgllgu4Ag
~Qlidays' IRdQPllRdQRSll t'ay, labor Day,mlm~~a!l.91 T~aRksgj>'IRg, Day After
Thanksgiving, Christmas, New Year's Day, Memorial Day.
15. Mileage Reimbursement
Middle Managers may be eligible for the City's Mileage Reimbursement Program when
required to use their private automobile for authorized City business.
26~ per mile
24~ per mile
22~ per mile
- first 200 miles
- next 300 miles
. over 500 miles
16. Bilingual Pay
Those Mid-Managers who, upon recommendation of their Department Head, approval of
the Director of Personnel, and succes.ful completion of a bilingual performance evaluation
will receive $35 per month in addition to their regular pay on the condition that they
continuously utilize their bilingual skills in the performance of their duties.
17. Acting Pay
When a middle manager is assigned to perform the duties of a higher paid classification
for a period of more than 10 consecutive woll< days, such employee may be
compensated with a minimum of 5 percent above current salary rate up to a maximum
of 20 percent, effective the first day of the out of class assignment.
FY 93/94 Middle Management Fringe Benefits
?,,/t,
Page 5
'n~:~;!lllllllllilllllt'~
mllihlBlllll_~_q'ittMillli.__i1mtgjmlt_IixggptiQAQ t; tt.a abQ\'8 apply
tg ~yppnnuiligR EhlltaliQR CRisf&:, as follows:
1. Suppression Battalion Chiefs will receive holiday pay equivalent to two week's salary
in lieu of all floating and hard holidays. The Fire Marshal and Non-Suppression
Battalion Chiefs will receive the same floating and hard holidays benefits as other
middle managers.
4.
eam ItFaigtlt tiMa for oval:tiFR8 ufQl:loaGl \'~8A filliAg iA fQr a S'-'ppnaQ8iQR iattaliQA Ct1iaf
QA 1:I;liday& gr wsuakaAGI.:
2.
3.
2. Si;k La;'.'; RAg \las:2tIQR .t\ggRJals fear Uta Sl.lppr88&h~A SatbliQR C~ief8 ',-ill bg iA
agc;OrliiaRQ& ':Jitt.:\ tt:la 1999 02 M8FRQFaRd...A:a gf UAliiaAHaAdiRS wUh tl:l8 IAt9rRat:iQA21
.~.cggQiati"A Qf J;iUlfigl:ltaf'.G L.QQaI 21 eo.
C. All employees provided for herein are FLSA-exempt.
Effective April 15, 1986, an FLSA-exempt employee shall not be placed in leave without pay status
lor any absence, due to personal reasons not covered by some lorm of leave with pay, of less
than the employee's regular work day, but rather shall be charged annual leave time, if available,
lor the absence and shall be paid for the portion of the absence not covered by such leave time,
so long as the employee has, In fact, worked for a portion of the work day. If the exempt
employee is absent from an entire work day, he/she shall be charged annual leave time for the
absence, if available, and shall be placed in leave without pay status for the portion of the
absence not covered by such leave time. Thus, for example, if an exempt employee works three
hours of a work day, is authorized to take five hours ofthe day off for personal reasons, and has
at the time three hours of annual leave time available, the employee will be charged his/her three
hours of leave time and will be paid, lor the remaining two hours of the absence. As a further
example, if an exempt employee is authorized to take an entire work day off for personal reasons
and has, at the time, six hours of annual leave available, the employee will be charged his/her six
FY 93/94 Middle Management Fringe Benefits
?,) ?
Page 6
hours of leave time and will be placed In leave without pay status for the remaining two hours of
the absence. If such absences are not authorized by the employee's supervisor, the employee
shall be placed in absence without leave (AWOL) status, and disciplinary action shall be
considered, as appropriate. Every attempt should be made to minimize absences without leave
of less than one work day for FLSA-exempt employees.
Effective April 15, 1986, an FLSA-exempt employee who Is absent due to sickness or disability for
less than a work day and whose sick leave and annual leave balances are inadequate to cover
the absence shall be paid for the portion of that less-than-a-day absence not covered by such
leave time, so long as the employee has, in fact, worked for a portion of the work day. If the
employee Is absent for an entire work day due to sickness or disability, he/she shall be charged
sick leave and/or annual leave time for the absence, If available, and shall be placed In leave
without pay status for the portion of the absence not covered by such leave time. Thus, for
example, If an exempt employee works two hours of the day and is off for six hours due to
sickness and has at the time two hours of sick leave and two hours of annual leave time, the
employee will be charged his/her four hours of leave time and will be paid for the remaining two
hours of the absence. As a further example, If an exempt employee is absent for an entire work
day due to sickness, and has, at the time, two hours of sick leave and four hours of annual leave,
the employee will be charged his/her six hours of leave time and will be placed in leave without
pay status for the remaining two hours of the absence. If such absences are not authorized by
the employee's supervisor, the employee shall be placed in absence without leave (AWOL) status,
and disciplinary action shall be considered, as appropriate. Every attempt shall be made to
minimize absences without leave of less than one work day for FLSA-exempt employee.
.:\lrlnge\mld-ben.cpr
FY 93/94 Middle Management Fringe Benefits
/-/1'
Page 7
ATTACHMENT
EXECUTIVE, MIDDLE MANAGEMENT AND UNREPRESENTED
FRINGE BENEFIT COMPENSATION
FISCAL YEAR 19~93!
III. UNREPRESENTED GROUP
A. Membership
Bookstore Manager
Confidential Administrative Secretary
Confidential Bi-Iingual Secretary
Executive Assistant to the City Manager
Illr"'~t'I1'&1i!lf~~t
~4llt~tL:J~*~~_l~
Personnel Analyst
Personnel Technician
QWl../Training Coordinator
.~i1_1Nt?ftf61FW!lIV'!~JfiWiiQlI:..i'it
M.fl:m~H~.};:;.;.;~.;x:;..>..:::..,;;:^-::;.:::;M'l~;;';:;:x'.:::1:-,;;.:.:::.::;:;.;d_M:.~1.M<:.;...;8;<.;.;<:.:<::.~:...::Jt';:!~~;..
Risk Analyst
Secretary to the Assistant City Manager
Secretary to the City Attomey
Secretary to the City Manager's Office
Secretary to the Mayor/City Council
Secretary to the Planning Commission
Secretary to the Redevelopment Agency
B. Fringe Benefits
1. Retirement
The City will pay the 7% employee's contribution to the Public Employees
Retirement System.
2. Deferred Compensation Plans
(A) Employees in the Unrepresented group may participate in the City's
approved deferred compensation plans.
(B) There will be a cap of 25% of the adjusted flex plan balance which
may be used for deferred compensation, provided the employee
has contributed a like amount during the same fiscal year.
FY 1993/94 Unrepresented Fringe Benefits
/'/9
Page 1
3. Flexible Benefit Plan
l'l1:lrstlase sf aFRl'llayea BaF!efits as sl'leeifiael iF! tAe CV(;/'. MeFRaFaAel1:lFR af
UAelerstaFleliA€I fer FY 1 ggg gg, and any additional uses approved by City
Council.
4. Health and Dental Payroll Deductions Treated as Pre-Tax
Under Sections 125, 105, and 213 of the Internal Revenue Code, the City will treat all
payroll deductions for health and dental care on a pre-tax basis, unless an affected
employee requests that such deductions be taxed. If the City does not meet IRS
regulations or if the IRS regulations change for any reason, this benefit may be
discontinued.
5. Medical Premium Retirement Benefit Plan
The City will offer a medical premium retirement benefit plan, under Section 457 (1) of the
Internal Revenue Code, through the JPEBA, Joint Powers Employees Benefit Authority (or
an equivalent plan). This program will provide employees the option of making unlimited
pre-tax contributions from their wages to pre-fund post-retirement health Insurance
premium costs for themselves and their dependents. Since IRS Section 457(1) requires
restrictions on the program that can result in forfeiture of the contributions to the City for
specified reasons, employees are advised to carefully review the information that will be
provided on the program prior to deciding whether or when to participate.
Participating employees will pay the participant costs (currently $24 per year). Ifthe City
does not meet IRS regulations or if the IRS regulations change for any reason, this benefit
maybe discontinued.
6. Flexible Spending Accounts (FSA's)
Employees may elect to budget by salary reduction, for certain health and dependent
care reimbursements on a pre-tax basis. The rules governing FSA's are contained in the
Internal Revenue Code. If IRS regulations change or the City does not met IRS
regulations, this benef~ may be discontinued.
(A) Health Care FSA - Employees may reduce their salary up to $2,500 to pay for
eligible health related expenses. Salary reductions not spent by the end of the
plan year, by law, are forfeited to the City.
(B) Dependent Care FSA - Employees may reduce their salary up to $5,000 to pay
for eligible dependent care. Salary reductions not spent by the end of the plan
year, by law, are forfeited to the City.
(C) FSA Administration - Participating employees will pay the monthly, per employee
or per transaction administration fees, if any.
FY 1993/94 Unrepresented Fringe Benefits
?'.2 ()
Page 2
".
7. Long Term Disability Insurance
The City will pay the full cost of the long term disability insurance premium for the
Unrepresented group.
8. Professional Enrichment
A tolel of $2,250 will be set aside, outside the flex plan, for professional enrichment.
Professional enrichment may be used for conferences and training. An Individual may
use no more than $200 per fiscal year.
9. Life Insurance
City pays for life insurance policy in the amount of $17,000 each. An additional $3,000
group term life Insurance policy is Included in the flexible benefits plan.
10. PERS
The PERS 1959 Survivors Benefits Third Level employee premium cost per month will be
paid by the City.
11. Sick Leave Reimbursement
Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules,
Chapter 2.00, Section 2.02.
12. Vacation
13. Holidays
FY 1993/94 Unrepresented Fringe Benefits
7-.,)./
Page 3
'.
_~';.fll~gRllll1l1119.1;.;_j;1iI!a~11 Tl:la aaaliAg Ilaliday UAla
FRwGt ~8 !.IGa;! '\'itl=l iR t~8 fi&t;al year. TRg C~. vAil 1;'8 ~1'U;QGt QR UUII fQIIQ'~RS paid
I:lelidays: Independence Day, Labor Day, Thanksglving,.~i.JllDK!~I~il1 Cay ~.llllr
Tl:laRksgi\'iRg. Christmas, New Year's Day, Memorial Day. '
14. Mileage Reimbursement
_'_ltrl~ilill_Bg:gIt~___]ltlftlftli6J~JfI\
1>.8 GFr"~ifhid iR FY QO 02 C\JEi~. UaFRQFRA;I\.Im of L'Adar:GtaAdiRg
15. Bilingual Pay
Those employees who, upon recommendation of the department head, approval of the
Personnel Department, and successful completion of a Bilingual Performance Evaluation,
are required to continuously use their bilingual skills in the performance of their duties,
will receive $35 per month in addition to their regular pay.
16. Miscellaneous
_;,:~):~l,:tKiUilil~au6!i~)l\i1,l_i'i(arliiillih'W
:~,~~~.g~:...:-:. '. ~:m.,:.:.a.!'.;~~.j:~~l~:fflt:ln~.:u..;.~.~,.;..~t,-
Section 2.01 B -
Section 2.01 C
Section 2.22
Acting Pay
Job Sharing
Career Advancement
e:\fringe\unre-ben.cpr
FY 1993/94 Unrepresented Fringe Benefits
?; ,).J.
Page 4
'.
ATTACHMENT 1
.
.
EXECUTIVE, MIDDLE MANAGEMENT AND UNREPRESENTED
FRINGE BENEFIT COMPENSATION
FISCAL YEAR 1993.94
I. EXECUTIVE GROUP
A Membership
City Manager
City Attorney
City Clerk
Assistant City Attorney
Assistant City Attorney/Chief Litigator
Assistant City Manager
Assistant to the City Manager
Assistant Director of Building & Housing
Assistant Director of Community Development
Assistant Director of Finance
Assistant Director of Management and Information Services
Assistant Director of Personnel
Assistant Director of Planning
Assistant Library Director
Budget Manager
Chief of Police
Deputy City Manager
Deputy Director of Public Works/City Engineer
Deputy Director of Public Works/Operations
Director of Building and Housing
Director of Community Development
Director of Finance
Director of Management and Information Services
Director of Parks and Recreation
Director of Personnel
Director of Planning
Director of Public Works
Executive Director, Nature Interpretive Center
Fire Chief
Library Director
Police Captain
Revenue Manager
Special Planning Projects Manager
Special Projects Manager
/,.23
FY 93-94 (EXECUTIVE GROUP)
B. Fringe Benefits
1. Deferred Compensation Plan
(A) Employees in the Executive Group may participate in the City's
approved deferred compensation plans.
(B) There will be a cap of 25% of the adjusted flex plan balance which
may be used for deferred compensation, provided the employee
has contributed a like amount during the same fiscal year.
2. Flexible Benefit Plan
Effective 7/1/93, the Executive Group, with the exception of the City Clerk,
City Attorney, Assistant City Manager and the City Manager, will receive
$6,025 annually to be used for the purchase of employee benefits as
specified in the CVEA Memorandum of Understanding for FY 1993-94,
and any additional uses approved by City Council.
Effective 7/1/93, the Flexible Benefit Plan for the City Manager will be
$8358; for the City Attorney, $7130; for the City Clerk, $6025; and for the
Assistant City Manager, $6475.
3. Health and Dental Payroll Deductions Treated as Pre-Tax
Under Sections 125,105, and 213 of the Internal Revenue Code, the City
will treat all payroll deductions for health and dental care on a pre-tax
basis, unless an affected employee requests that such deductions be
taxed. If the City does not meet IRS regulations or if the IRS regulations
change for any reason, this benefit may be discontinued.
4. Medical Premium Retirement Benefit Plan
The City will offer a medical premium retirement benefit plan, under
Section 457 (f) of the Internal Revenue Code, through the JPEBA, Joint
Powers Employees Benefit Authority (or an equivalent plan). This
program will provide employees the option of making unlimited pre-tax
contributions from their wages to pre-fund post-retirement health
insurance premium costs for themselves and their dependents. Since IRS
Section 457(f) requires restrictions on the program that can result in
forfeiture of the contributions to the City for specified reasons, employees
are advised to carefully review the information that will be provided on the
program prior to deciding whether or when to participate.
Participating employees will pay the participant costs (currently $24 per
year). If the City does not meet IRS regulations or if the IRS regulations
change for any reason, this benefit maybe discontinued.
/,.2 f
FY 93-94 (EXECUTIVE GROUP)
5. Flexible Spending Accounts (FSA's)
Employees may elect to budget by salary reduction, for certain health and
dependent care reimbursements on a pre-tax basis. The rules governing
FSA's are contained in the Internal Revenue Code. If IRS regulations
change or the City does not met IRS regulations, this benefit may be
discontinued.
(A) Health Care FSA - Employees may reduce their salary up to
$2,500 to pay for eligible health related expenses. Salary
reductions not spent by the end of the plan year, by law, are
forfeited to the City.
(B) Dependent Care FSA - Employees may reduce their salary up to
$5,000 to pay for eligible dependent care. Salary reductions not
spent by the end of the plan year, by law, are forfeited to the City.
(C) FSA Administration - Participating employees will pay the monthly,
per employee or per transaction administration fees, if any.
6. Long Term Disability Insurance
The City will pay the full cost of the long-term disability insurance
premium for executive positions.
7. Life Insurance
City pays for life insurance policy in the amount of $47,000 each. An
additional $3,000 group term life insurance policy is included in the
flexible benefits plan.
8. PERS
The City pays the 7% employee contribution to the Public Employee's
Retirement System for all executive positions except the Chief of Police
and Fire Chief for whom the City pays the 9% employee contribution to
PERS. The PERS 1959 Survivors Benefit Third Level employee premium
cost per month will be paid by the City.
9. Sick Leave Reimbursement
Sick leave shall accrue and be reimbursed as designated in the Civil
Service Rules, Chapter 2.00, Section 2.02.
10. Vacation
Executive managers shall earn a minimum of three weeks (15 days)
vacation per year during the first through fifteenth year of continuous
service and after completion of fifteen years of continuous service, 20
/~ .2f'
days per year. An employee may not accumulate more than three times
the
FY 93-94 (EXECUTIVE GROUP)
number of vacation days accrued annually. Executive managers who
have in excess of the three year limit will have until June 9, 1994, to
reduce their vacation balance to the three year maximum. Any vacation
time in excess of the three year maximum on June 10, 1994, will be
transferred to an excess vacation account where it will remain available
for use or cash out upon separation from City service, at the employee's
option. From that time forward, no vacation credits in excess of the three
year maximum will be accrued. Accumulated unused vacation credits
remaining upon separation from City service shall be paid off in cash.
11. Holidays
The executive group will be credited 4 normal work days each fiscal year
for floating holidays (Lincoln's and Washington's Birthdays, Admission
Day and Veterans Day). Floating holiday time will be pro-rated at time of
hire based on which of the four holidays have not yet passed. Floating
holiday time must be used within the fiscal year for which it is credited
and will not be accumulated from year to year. Floating holiday time in
an employee's last fiscal year of City employment will be pro-rated based
on which of the four holidays have passed at the time of separation from
City service. Employees who have not used this pro-rated amount of
floating holiday time for their last fiscal year shall be paid off in cash for
the unused amount upon separation. Employees who use floating holiday
time and leave City service before the holiday passes will be charged for
such time.
The City will be closed on the following hard holidays: Independence Day,
Labor Day, Thanksgiving, Day after Thanksgiving, Christmas, New Year's
Day, Memorial Day.
12. Mileage Reimbursement
Executive managers may be eligible for the City's Mileage
Reimbursement Program when required to use their private automobile
for authorized City business.
26~ per mile
24~ per mile
22~ per mile
- first 200 miles
- next 300 miles
- over 500 miles
13. Administrative Leave
Executive managers, including the City Manager, City Attorney and City
Clerk, will receive 7 normal work days of administrative leave each fiscal
year. Administrative leave will be pro-rated at the time of hire.
Administrative leave will be utilized on a "use it or lose it" basis, with any
7" .2t
unused administrative leave balances at the end of a fiscal year or upon
separation from City service lost and not accumulated nor paid off in cash.
FY 93.94 (EXECUTIVE GROUP)
14. Auto Allowance
The City Manager has authorization to provide, at his/her discretion, an
auto allowance of up to $285/month for certain executive managers with
the allowance contingent on evidence of adequate auto insurance.
C. All officers ("employees") provided for herein are FLSA-exempt.
Effective April 15, 1986; an FLSA-exempt employee shall not be placed
in leave without pay status for any absence, due to personal reasons not
covered by some form of leave with pay, of less than the employee's
regular work day, but rather shall be charged annual leave time, if
available, for the absence and shall be paid for the portion of the absence
not covered by such leave time, so long as the employee has, in fact,
worked for a portion of the work day. If the exempt employee is absent
from an entire work day, he/she shall be charged annual leave time for
the absence, if available, and shall be placed in leave without pay status
for the portion of the absence not covered by such leave. Thus, for
example, if an exempt employee works three hours of a work day, is
authorized to take five hours of the day off for personal reasons, and has
at the time three hours of annual leave time available, the employee will
be charged his/her three hours of leave time and will be paid, for the
remaining two hours of the absence. As a further example, if an exempt
employee is authorized to take an entire work day off for personal reasons
and has, at the time, six hours of annual leave available, the employee
will be charged his/her six hours of leave time and will be placed in leave
without pay status for the remaining two hours of the absence. If such
absences are not authorized by the employee's supervisor, the employee
shall be placed in absence without leave (AWOL) status, and disciplinary
action shall be considered, as appropriate. Every attempt should be
made to minimize absences without leave of less than one work day for
FLSA-exempt employees.
Effective April 15, 1986, an FLSA-exempt employee who is absent due to
sickness or disability for less than a work day and whose sick leave and
annual leave balances are inadequate to cover the absence shall be paid
for the portion of that less-than-a-day absence not covered by such leave
time, so long as the employee has, in fact, worked for a portion of the
work day. If the employee is absent for an entire work day due to
sickness or disability, he/she shall be charged sick leave and/or annual
leave time for the absence, if available, and shall be placed in leave
without pay status for the portion of the absence not covered by such
leave time. Thus, for example, if an exempt employee works two hours
of the day and is off for six hours due to sickness and has at the time two
:/-.2 7
hours of sick leave and two hours of annual leave time, the employee will
be charged his/her four hours of leave time and will be paid for the
remaining two hours of the absence. As a further example, if an exempt
employee is absent for an entire work day due to sickness, and has, at
the time, two hours of sick leave and four hours of annual leave, the
employee will be charged his/her six hours of leave time and will be
placed in leave without pay status for the
FY 93-94 (EXECUTIVE GROUP)
remaining two hours of the absence. If such absences are not authorized
by the employee's supervisor, the employee shall be placed in absence
without leave (AWOL) status, and disciplinary action shall be considered,
as appropriate. Every attempt shall be made to minimize absences
without leave of less than one work day for FLSA-exempt employees.
(V\IP:MISCIA-F-B-93.94]
;>.:l r
EXECUTIVE, MIDDLE MANAGEMENT AND UNREPRESENTED
FRINGE BENEFIT COMPENSATION
FISCAL YEAR 1993-94
II. MIDDLE MANAGEMENT GROUP
A. Membership
Assistant Transit Coordinator
Battalion Chief
Building Projects Supervisor
Building Services Superintendent
Business Office Manager
CIP Projects Supervisor
Collections Supervisor
Communications Systems Manager
Computer Operations Manager
Conservation Coordinator
Deputy City Attorney
Deputy City Clerk
Deputy Director of Parks and Recreation
Disaster Preparedness Coordinator
Development Projects Manager
Environmental Projects Manager
Environmental Resource Manager
Environmental Review Coordinator
Fire Marshal
Fleet Manager
Geographic Information Systems Manager
Housing Coordinator
Information Systems Manager
Landscape Architect
Library Automation Manager
Micro Computer Specialist
Open Space Coordinator
Principal Community Development Specialist
Principal Librarian
Principal Management Analyst
Principal Management Assistant
Principal Personnel Analyst
Principal Planner
Public Information Coordinator
Public Works Coordinator
Public Works Maintenance Superintendent
Purchasing Agent*
/'-21
FY 93-94 (MIDDLE MANAGEMENT)
Redevelopment Coordinator
Risk Manager
Senior Accountant
Senior Animal Control Officer
Senior Civil Engineer
Senior Community Development Specialist
Senior Crime Analyst
Senior Librarian
Senior Management Analyst
Senior Management Assistant
Senior Park Supervisor
Senior Personnel Analyst
Senior Planner
Senior Public Works Supervisor
Senior Recreation Supervisor
Supervising Construction Specialist
Supervising Evidence Technician
Systems and Programming Manager
Traffic Engineer
Transit Coordinator
Volunteer Coordinator (NIC)
"Incumbent receives executive management fnnge benefits.
B. Fringe Benefits
1. Retirement
The City will pay the 7% employee's contribution to the Public Employees
Retirement System for non-safety classifications. For safety classifications,
the City will pay 7%, and the employees will pay 2% of the 9% employee's
contribution to PERS.
2. Deferred Compensation Plans
(A) Employees in the Middle Management Group may participate in the
City's approved deferred compensation plans.
(B) There will be a cap of 25% of the adjusted flex plan balance which
may be used for deferred compensation, provided the employee has
contributed a like amount during the same fiscal year.
3. Flexible Benefit Plan
Effective 7/1/93, each Middle Manager will receive $5,545 annually to be
used for the purchase of employee benefits as specified in the CVEA
Memorandum of Understanding for FY 1993-94, and any additional uses
approved by City Council. 7- :J p
FY 93-94 (MIDDLE MANAGEMENT)
4. Health and Dental Payroll Deductions Treated as Pre-Tax
Under Sections 125, 105, and 213 of the Internal Revenue Code,
the City will treat all payroll deductions for health and dental care on a pre-
tax basis, unless an affected employee requests that such deductions be
taxed. If the City does not meet IRS regulations or if the IRS regulations
change for any reason, this benefit may be discontinued.
5. Medical Premium Retirement Benefit Plan
The City will offer a medical premium retirement benefit plan, under Section
457 (f) of the Internal Revenue Code through the JPEBA, Joint Powers
Employees Benefit Authority (or an equivalent plan). This program will
provide employees the option of making unlimited pre-tax contributions
from their wages to pre-fund post-retirement health insurance premium
costs for themselves and their dependents. Since IRS Section 457(f)
requires restrictions on the program that can result in forfeiture of the
contributions to the City for specified reasons, employees are advised to
carefully review the information that will be provided on the program prior
to deciding whether or when to participate.
The City will pay the start-up costs associated with third party
administration. Participating employees will pay the participant costs
(currently $24 per year). If the City does not meet IRS regulations or if the
IRS regulations change for any reason, this benefit maybe discontinued.
6. Flexible Spending Accounts (FSA's)
Employees may elect to budget by salary reduction, for certain health and
dependent care reimbursements on a pre-tax basis. The rules governing
FSA's are contained in the Internal Revenue Code. If IRS regulations
change or the City does not met IRS regulations, this benefit may be
discontinued.
(A) Health Care FSA - Employees may reduce their salary up to $2,500
to pay for eligible health related expenses. Salary reductions not
spent by the end of the plan year, by law, are forfeited to the City.
(B) Dependent Care FSA - Employees may reduce their salary up to
$5,000 to pay for eligible dependent .care. Salary reductions not
spent by the end of the plan year, by law, are forfeited to the City.
(C) FSA Administration - Participating employees will pay the monthly,
per employee or per transaction administration fees, if any.
7. Long Term Disability Insurance
The City will pay the full cost of the long-term disability insurance premium
for middle management positions.
?;J I
FY 93.94 (MIDDLE MANAGEMENT)
8. Professional Enrichment
$17,000 will be set aside, outside the flex plan, for professional enrichment
to be used exclusively by Mid-Managers. Professional enrichment may be
used for conferences and training to a maximum of $800 per middle
manager per fiscal year.
9. L~e Insurance
City pays for a life insurance policy in the amount of $47,000 each. An
additional $3,000 group term life insurance policy is included in the flexible
benefits plan. '
10. PERS
The PERS 1959 Survivors Benefit third level employee premium cost per
month will be paid by the City.
11. Sick Leave Reimbursement
Sick leave shall accrue and be reimbursed as designated in the Civil
Service Rules, Chapter 2.00, Section 2.02.
12. Vacation
Middle Managers earn ten days vacation per year in the first through fourth
year of continuous employment, fifteen days vacation per year in the fifth
through fifteenth year of continuous service, and twenty days per year after
completion of fifteen years of continuous service. An employee may not
accumulate more than three.times the number of vacation days accrued
annually. Middle managers who have in excess of the three year limit will
have until June 9, 1994, to reduce their vacation balance to the three year
maximum. Any vacation time in excess of the three year maximum on June
10, 1994, will be transferred to an excess vacation account where it will
remain available for use or cash out upon separation from City service, at
the employee's option. From that time forward, no vacation credits in
excess of the three year maximum will be accrued. Accumulated unused
vacation credits remaining upon separation from City service shall be paid
off in cash.
13. Administrative Leave
Middle Managers will receive 5 normal work days of administrative leave
each fiscal year. At the discretion of the department head, a middle
manager may receive up to 2 normal work days of bonus administrative
leave per fiscal year. Administrative Leave will be pro-rated at the time of
hire. Administrative leave will be utilized on a "use it or lose it" basis, with
any unused administrative leave balances at the end of a fiscal year or
upon separation from City service lost and not accumulated nor paid off in
cash. 7' ;J.2..
FY 93-94 (MIDDLE MANAGEMENT)
14. Holidays
The Middle Management group will be credited 4 normal work days each
fiscal year for floating holidays (Lincoln's and Washington's Birthdays,
Admission Day, and Veteran's Day). Floating holiday time will be pro-rated
at time of hire based on which of the four holidays have not yet passed.
Floating holiday time must be used within the fiscal year for which it is
credited and will not be accumulated from year to year. Floating holiday
time in an employee's last fiscal year of City employment will be pro-rated
based on which of the four holidays have passed at the time of separation
from City service. Employees who have not used this pro-rated amount of
floating holiday time for their last fiscal year shall be paid off in cash for the
unused amount upon separation. Employees who use floating holiday time
and leave City service before the holiday passes will be charged for such
time.
The City will be closed on the following hard holidays: Independence Day,
Labor Day,Thanksgiving, Day After Thanksgiving, Christmas, New Year's
Day, Memorial Day.
15. Mileage Reimbursement
Middle Managers may be eligible for the City's Mileage Reimbursement
Program when required to use their private automobile for authorized City
business.
26t per mile
24t per mile
22t per mile
- first 200 miles
- next 300 miles
- over 500 miles
16. Bilingual Pay
Those Mid-Managers who, upon recommendation of their Department
Head, approval of the Director of Personnel, and successful completion of
a bilingual performance evaluation will receive $35 per month in addition to
their regular pay on the condition that they continuously utilize their bilingual
skills in the performance of their duties.
17. Acting Pay
When a middle manager is assigned to perform the duties of a higher paid
classification for a period of more than 10 consecutive work days, such
employee may be compensated with a minimum of 5 percent above current
salary rate up to a maximum of 20 percent, effective the first day of the out
of class assignment.
18. Flexible Work Schedule
Middle Managers are permitted, with the prior and continuing approval of
?<J.J
FY 93.94 (MIDDLE MANAGEMENT)
their Department Head, to work a flexible schedule that fits within the bi-
weekly pay period. Proposals by employees to revise work schedules will
be considered by supervisors and Department Heads who will take into
account the employee's request, staffing needs, departmental operations
and the employee's overall job responsibilities and performance.
Middle Managers who are allowed to work flexible work schedules will not
be entitled to any additional sick leave, vacation, administrative leave, or
holiday benefits as a result of their non-standard work schedule.
Exceptions to the above sections apply to Suppression Battalion Chiefs, as follows:
1. Suppression Battalion Chiefs will receive holiday pay equivalent to two
week's salary in lieu of all floating and hard holidays. The Fire Marshal and
Non-Suppression Battalion Chiefs will receive the same floating and hard
holidays benefits as other middle managers.
2. Suppression Battalion Chiefs will earn extra compensation equivalent to
straight time pay only when they fill in for an absent Battalion Chief as Shift
Commander or when they are assigned to a strike team or multiple - alarm
incident for command duty that is beyond their normal work schedule.
Non-Suppression Battalion Chiefs will earn the same extra compensation
when filling in for a Suppression Battalion Chief as Shift Commander on
holidays or weekends.
3. Suppression Battalion Chiefs are eligible to receive Bonus Administrative
Leave, but will not receive regular Administrative Leave. The amount of
Bonus Administrative Leave Suppression Battalion Chiefs are eligible to
receive is the same amount as other Middle Managers are eligible to
receive; the amount is based on normal work days for employees working
a standard schedule, not on the Suppression shift schedule.
4. Sick Leave and Vacation Accruals for the Suppression Battalion Chiefs will
be in accordance with the 1993-94 Memorandum of Understanding with the
International Association of Firefighters Local 2180, except that the
maximum vacation accrual will be three times the amount accrued annually.
C. All employees provided for herein are FLSA-exempt.
Effective April 15, 1986, an FLSA-exempt employee shall not be placed in
leave without pay status for any absence, due to personal reasons not
covered by some form of leave with pay, of less than the employee's
regular work day, but rather shall be charged annual leave time, if available,
for the absence and shall be paid for the portion of the absence not
covered by such leave time, so long as the employee has, in fact, worked
for a portion of the work day. If the exempt employee is absent from an
entire work day, he/she shall be charged annual leave time for the absence,
if available, and shall be placed in leave without pay status for the portion
'1' J,/
FY 93.94 (MIDDLE MANAGEMENT)
of the absence not covered by such leave time. Thus, for example, if an
exempt employee works three hours of a work day, is authorized to take
five hours of the day off for personal reasons, and has at the time three
hours of annual leave time available, the employee will be charged his/her
three hours of leave time and will be paid, for the remaining two hours of
the absence. As a further example, if an exempt employee is authorized to
take an entire work day off for personal reasons and has, at the time, six
hours of annual leave available, the employee will be charged his/her six
hours of leave time and will be placed in leave without pay status for the
remaining two hours of the absence. If such absences are not authorized
by the employee's supervisor the employee shall be placed in absence
without leave (AWOL) status, and disciplinary action shall be considered,
as appropriate. Every attempt should be made to minimize absences
without leave of less than one work day for FLSA-exempt employees.
Effective April 15, 1986, an FLSA-exempt employee who is absent due to
sickness or disability for less than a work day and whose sick leave and
annual leave balances are inadequate to cover the absence shall be paid
for the portion of that less-than-a-day absence not covered by such leave
time, so long as the employee has, in fact, worked for a portion of the work
day. If the employee is absent for an entire work day due to sickness or
disability, he/she shall be charged sick leave and/or annual leave time for
the absence, if available, and shall be placed in leave without pay status for
the portion of the absence not covered by such leave time. Thus, for
example, if an exempt employee works two hours of the day and is off for
six hours due to sickness and has at the time two hours of sick leave and
two hours of annual leave time, the employee will be charged his/her four
hours of leave time and will be paid for the remaining two hours of the
absence. As a further example, if an exempt employee is absent for an
entire work day due to sickness, and has, at the time, two hours of sick
leave and four hours of annual leave, the employee will be charged his/her
six hours of leave time and will be placed in leave without pay status for the
remaining two hours of the absence. If such absences are not authorized
by the employee's supervisor, the employee shall be placed in absence
without leave (AWOL) status, and disciplinary action shall be considered,
as appropriate. Every attempt shall be made to minimize absences without
leave of less than one work day for FLSA-exempt employee.
[WP:MISClC.F-B-93.94]
7-J5'
EXECUTIVE, MIDDLE MANAGEMENT AND UNREPRESENTED
FRINGE BENEFIT COMPENSATION
FISCAL YEAR 1993/94
III. UNREPRESENTED GROUP
A. Membership
Bookstore Manager
Confidential Administrative Secretary
Confidential Bi-lingual Secretary
Executive Assistant to the City Manager
Legal Assistant
Personnel Analyst
Personnel Technician
QWLlTraining Coordinator
Receptionist/Mayor and Council Assistant
Risk Analyst
Secretary to the Assistant City Manager
Secretary to the City Attorney
Secretary to the City Manager's Office
Secretary to the Mayor/City Council
Secretary to the Planning Commission
Secretary to the Redevelopment Agency
B. Fringe Benefits
1. Retirement
The City will pay the 7% employee's contribution to the Public Employees
Retirement System.
2. Deferred Compensation Plans
(A) Employees in the Unrepresented group may participate in the City's
approved deferred compensation plans.
(B) There will be a cap of 25% of the adjusted flex plan balance which
may be used for deferred compensation, provided the employee
has contributed a like amount during the same fiscal year.
3. Flexible Benefit Plan
Effective 7/1/93, the Unrepresented Group will receive $5380 each
annually to be used for the purchase of employee benefits as specified in
the CVEA Memorandum of Understanding for FY 1993-94, and any
additional uses approved by City Council.
7.J"
FY 93/94 (Unrepresented Group)
4. Health and Dental Payroll Deductions Treated as Pre-Tax
Under Sections 125, 105, and 213 of the Internal Revenue Code, the City
will treat all payroll deductions for health and dental care on a pre-tax
basis, unless an affected employee requests that such deductions be
taxed. If the City does not meet IRS regulations or if the IRS regulations
change for any reason, this benefit may be discontinued.
5. Medical Premium Retirement Benefit Plan
The City will offer a medical premium retirement benefit plan, under
Section 457 (f) of the Internal Revenue Code, through the JPEBA, Joint
Powers Employees Benefit Authority (or an equivalent plan). This
program will provide employees the option of making unlimited pre-tax
contributions from their wages to pre-fund post-retirement health
insurance premium costs for themselves and their dependents. Since IRS
Section 457(f) requires restrictions on the program that can result in
forfeiture of the contributions to the City for specified reasons, employees
are advised to carefully review the information that will be provided on the
program prior to deciding whether or when to participate.
Participating employees will pay the participant costs (currently $24 per
year). If the City does not meet IRS regulations or if the IRS regulations
change for any reason, this benefit maybe discontinued.
6. Flexible Spending Accounts (FSA's)
Employees may elect to budget by salary reduction, for certain health and
dependent care reimbursements on a pre-tax basis. The rules governing
FSA's are contained in the Internal Revenue Code. If IRS regulations
change or the City does not met IRS regulations, this benefit may be
discontinued.
(A) Health Care FSA - Employees may reduce their salary up to
$2,500 to pay for eligible health related expenses. Salary
reductions not spent by the end of the plan year, by law, are
forfeited to the City.
(B) Dependent Care FSA - Employees may reduce their salary up to
$5,000 to pay for eligible dependent care. Salary reductions not
spent by the end of the plan year, by law, are forfeited to the City.
(C) FSA Administration - Participating employees will pay the monthly,
per employee or per transaction administration fees, if any.
7~ 3'1
FY 93/94 (Unrepresented Group)
7. Long Term Disability Insurance
The City will pay the full cost of the long term disability insurance premium
for the Unrepresented group.
8. Professional Enrichment
A total of $2,250 will be set aside, outside the flex plan, for professional
enrichment. Professional enrichment may be used for conferences and
training. An individual may use no more than $200 per fiscal year.
9. Life Insurance
City pays for life insurance policy in the amount of $17,000 each. An
additional $3,000 group term life insurance policy is included in the
flexible benefits plan.
10. PERS
The PERS 1959 Survivors Benefits Third Level employee premium cost
per month will be paid by the City.
11. Sick Leave Reimbursement
Sick leave shall accrue and be reimbursed as designated in the Civil
Service Rules, Chapter 2.00, Section 2.02.
12. Vacation
Unrepresented employees earn ten days vacation per year in the first
through fourth year of continuous employment, fifteen days vacation per
year in the fifth through fifteenth year of continuous service, and twenty
days per year after completion of fifteen years of continuous service. An
employee may not accumulate more than three times the number of
vacation days accrued annually. Unrepresented employees who have in
excess of the three year limit will have until June 9, 1994, to reduce their
vacation balance to the three year maximum. Any vacation time in
excess of the three year maximum on June 10, 1994, will be transferred
to an excess vacation account where it will remain available for use or
cash out upon separation from City service, at the employee's option.
From that time forward, no vacation credits in excess of the three year
maximum will be accrued. Accumulated unused vacation credits
remaining upon separation from City service shall be paid off in cash.
13. Holidays
The Unrepresented group will be credited 4 normal work days each fiscal
year for floating holidays (Lincoln's and Washington Birthday's,
Admissions Day, and Veteran's Day). Floating holiday time will be pro-
?,JY
FY 93/94 (Unrepresented Group)
rated at time of hire based on which of the four holidays have not yet
passed. Floating holiday time must be used within the fiscal year for which
it is credited and will not be accumulated from year to year. Floating
holiday time in an employee's last fiscal year of City employment will be
pro-rated based on which of the four holidays have passed at the time of
separation from City service. Employees who have not used this pro-
rated amount of floating holiday time for their last fiscal year shall be paid
off in cash for the unused amount upon separation. Employees who use
floating holiday time and leave City service before the holiday passes will
be charged for such time.
The City will be closed on the following paid hard holidays: Independence
Day, Labor Day, Thanksgiving, Day after Thanksgiving, Christmas, New
Year's Day, Memorial Day.
14. Mileage Reimbursement
As specified in FY 93-94 CVEA Memorandum of Understanding.
15. Bilingual Pay
Those employees who, upon recommendation of the department head,
approval of the Personnel Department, and successful completion of a
Bilingual Performance Evaluation, are required to continuously use their
bilingual skills in the performance of their duties, will receive $35 per
month in addition to their regular pay.
16. Miscellaneous
The following provIsions of the FY 1993-94 CVEA Memorandum of
Understanding shall apply to the Unrepresented group:
Section 2.01 B
Section 2.01 C
Section 2.22
Acting Pay
Job Sharing
Career Advancement
[V\IP:MISCIB-F-B.93.94j
7-:17 /7-Lfi!
Date:
April 28, 1994
From:
Bruce M. Boogaard, Cit~ttorney
John Goss, City Manage19
Honorable Mayor and Councilmembers
To:
Re:
Appointed Official's Flex Plan Increase
Supplemental Report to Agenda Item NO.7, May 3, 1994
On behalf of ourselves and the City Clerk, we would like to
offer the following supplemental information regarding the
resolution on the agenda for the May 3 Council meeting regarding
fringe benefits for executive managers.
The annual salary subcommittee and, if any, the annual
compensation adjustments for the city Manager, city Clerk and City
Attorney ("Appointed Officials") for the 93-94 fiscal year have not
yet occured even though there is only 1 1/2 months left in the
fiscal year. Typically, Council would not adjust these Appointed
Official's Flex Plan amounts without such subcommittee meetings.
However, due to the economic condition, there is little
expectation among these Appointed Officials for any treatment other
than the minimal Flex Plan increase offered to all other employees.
Accordingly, the attached Resolution, if adopted, will increase the
Flex Plan amount for these Appointed Officials by $130.00.
The Council may not like this approach; Council may desire to
use the salary subcommittee proceedings to provide evaluation
feedback to the Appointed Officials so that the Appointed Officials
may better serve the interests of the Council and the City; or
Council may desire to provide this adjustment now, and still call
for salary subcommittee meetings.
Council's options in this regard are as follows:
1. Adopt the attached Resolution as is (which will increase
the Appointed Official's Flex Plan by $130), and either
A. call for salary subcommittee meetings for the
Appointed Officials; or.
B. Don't call for salary subcommittee meetings for the
Appointed Officials; or,
7" il
Date:
From:
April 28, 1994
Bruce M. Boogaard, City Attorney
John Goss, city Manager
Honorable Mayor and Councilmembers
Appointed Official's Flex Plan Increase
Supplemental Report to Agenda Item No.7, May 3, 1994
2
To:
Re:
Page
2. Delete the provisions in the attached Resolution
authorizing an increase in the Appointed Official's Flex Plan, and
A. Call for salary subcommittee meetings for the
Appointed Officials; or,
B. Don't call for salary subcommittee meetings for the
Appointed Officials.
We would appreciate the performance evaluation, but the fringe benefit
adjustment is not critical to the authors.
7.. Ye1
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item 'if'
Meeting Date 5/3/94
Resolution 17 II/', Accepting bids and awarding contract for
"Placement of various types of street surfacing (asphalt concrete, asphalt rubber
hot mix, asphalt rubber and aggregate membrane with slurry seal) for the 1993-
94 Overlay Program and construction of sidewalk ramps on various streets in the
City of Chula Vista, CA (STL-206)"; and authorizing staff to increase quantities
to expend all available funds for this project
REVIEWED BY:
City ManagerJ~ ~
(4/5ths Vote: Yes_No X)
SUBMITTED BY: Director of Public Wor
At 2:00 p.m. on March 23, 1994 in conference room 3 in the Public Services Building, the Director
of Public Works received bids for "Placement of various types of street surfacing (asphalt concrete,
asphalt rubber hot mix, asphalt rubber and aggregate membrane with slurry seal) for the 1993-94
Overlay Program and construction of sidewalk ramps on various streets in the City of Chula Vista,
CA (STL-206)." The work includes the placement of Ph inch thick asphalt concrete overlay, asphalt
rubber and aggregate membrane with slurry seal and asphalt rubber hot mix overlay. The work also
includes removal of alligatored pavement areas and replacement with asphalt concrete, the milling of
street pavement in certain areas, signal loops, traffic control, adjustment of manholes and storm drain
cleanouts, adjustment of survey well monuments, removal of curbs, gutter and sidewalk and the
construction of pedestrian ramps, and other miscellaneous work shown on the plans.
RECOMMENDATION: That Council accept bid Alternate D and award the contract to Sirn 1.
Harris Company in the amount of $1,457,132.00, and authorize staff to increase quantities to expend
all available funds for this project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Funds for this overlay program were included in the FY 1993/94 CIP project budget (STL-206). The
project was included in the budget to avoid further deterioration of the pavement and base material
of selected streets in the City.
The project was bid with four alternatives. Alternates A and C utilized conventional asphalt concrete
paving only. Alternates B and D utilized asphalt rubber hot mix overlay, asphalt rubber and aggregate
membrane (chip seal) with slurry seal and conventional asphalt concrete paving. Alternates A and B
were bid using minimum wages, while Alternates C and D used prevailing wages. Attached are
Exhibits 1 and 2, which list the work to be done for the conventional paving (Alternatives A and C)
and the paving utilizing rubber products (Alternatives B and D).
~../
Page 2, Item ~
Meeting Date 5/3/94
It is staff's recommendation to implement Alternate D (using asphalt rubber products and paying
prevailing wages). We feel this alternate will give the City the most paving miles with the latest high
quality paving materials available. The City Attorney has recommended that prevailing wage rates
be paid with this project (see attached Exhibit 3 dated March 29, 1994).
This project is similar to past overlay programs in the City except that two new products are being
used for the overlay in addition to conventional asphalt concrete paving. Also this program includes
installation of pedestrian ramps in order to comply with new ADA/Title 24 regulations. Past overlay
programs did not include pedestrian ramp installation. The new products utilize asphalt rubber hot
mix for the overlay and asphalt rubber and aggregate membrane for the chip seal over a portion of
the project. The asphalt rubber hot mix overlay is not entirely new to the City. This product was
used successfully on the East H Street reconstruction project from I-80S to Del Rey Boulevard in May
1993. The asphalt rubber hot mix overlay on this stretch of East H Street has performed excellently
since installation and still provides a smooth and quiet driving surface.
The asphalt rubber aggregate membrane chip seal has not been used before in the City and is being
recommended as a trial installation of this new technology. This chip seal differs from conventional
chip seal used in the past in that it includes the use of ground rubber from used tires in the mix design
(as does asphalt rubber hot mix overlay) and uses chips that are precoated with hot asphalt concrete.
A conventional Type II slurry seal will be placed on top of all streets paved with asphalt rubber chip
seal in order to provide a smoother, aesthetically pleasing surface by filling voids between chips.
These streets are numbered 1 thru 25, inclusive on Exhibit 2. Please note that items 3, 13, and 28
appear blank on exhibits 1 and 2. The reason for this is that these streets were deleted from the
contract at the request of the local utility companies. These streets were:
3) Alpine Ave. (Kearny St. to J St.)
13) Penelope Dr. (East I St. to Carla Ave.)
28) Otay Lakes Rd. (Canyon Dr. to Apache Dr.)
These streets will be overlayed after the utilities have completed their facility installation work.
Since asphalt rubber chip seal is a new product to City staff, we did extensive research and made trips
to review projects in which the new material has been used. The City of Santee and City of Poway
have used this product and are quite pleased with the results. The advantages to the use of asphalt
rubber chip seal are its ability to minimize reflective cracking through to the surface, and it is basically
impervious to water penetration which quite often is the leading cause of pavement failure. It should
be noted that the research literature indicates that, due to the addition of the rubber, this product has
significantly more structural value than the ordinary chip seals used in Chula Vista in the past.
Therefore, in order to adequately test this relatively new product, several streets which were
deteriorated beyond the ability of ordinary chip seals to help and requiring an overlay were selected.
In the event that the product does not perform over the long range as expected, the streets selected are
not major streets with high volumes of traffic in order to minimize any negative aspects. Also, the
amount of this work was limited to no more than $237,000. Staff will carefully evaluate the
performance of the rubber asphalt products in order to determine if these products should be used on
future overlay projects. Evaluation shall include video taping selected streets before and after
placement of the overlay and visual reconnaissance every 6 months. The Council will be kept
informed on the performance of the streets paved with the asphalt rubber hot mix overlay and asphalt
y...:J..
(
Page 3, Item 1"
Meeting Date 5/3/94
rubber chip seal. If, as expected, this turns out to be a good product, it will lower the cost of our
street maintenance program in the future.
Bids for construction of this project were received from four contractors as follows:
Alternate A Alternate B Alternate C Alternate D
Conventional A.C, Aophalt ..bbor bot Conventional A.C. Asphalt robber hot
paving only mix overlay, Asphalt paving only mix overlay,
Minimum wage rubber chip Real & Prevailing wage Aopball rubbor ,hip
conventional A.C. scal & conventional
Minimwn wage A.C.
Prevailing wage
Contractor
l. Superior Ready Mix L.P., San Diego
2. Sim J. Harris Company, San Diego $1,675,760.00 $1,438,854.00 $1,694,829.00
3. Daley Corporation, San Diego No Bid No Bid $1,682,547.00 $1,461,690.00
4. Granite Construction Co., San Diego No Bid No Bid $2,013,214.00 $1,713,913.00
After reviewing the bids for Alternates B and D, Engineering Division staff discussed the use of
minimum wage versus prevailing wage with the City Attorney. The source of funds for this project
is Gas Tax, and while the City Attorney felt that our status as a Charter City would allow the use of
minimum wage provisions, we have never done so in the past with this revenue source. It was his
opinion that while we would be successful in a potential lawsuit, the difference ofless than $21,000
in a $1.4 million contract was insignificant to the potential cost of defending a lawsuit. Therefore,
the City Attorney recommended using prevailing wage provisions.
The low bid for Alternate D by Sim J. Harris Company is below the engineer's estimate of
$1,506,086.00 by $48,954.00 or 3.3%. Staff received an excellent bid for the proposed work. The
engineer's estimate was based on prices from the East H Street asphalt rubber project last year and
from prices recently received by the City of Santee for the asphalt rubber chip seal. Bids for these
two projects came in below or at the expected prices.
The specifications required that the low bidder have experience in the placement of both conventional
asphalt concrete and asphalt rubber concrete overlays. Sim J. Harris Company has had extensive
experience in the placement of conventional and rubber AC overlays and has satisfactorily performed
both types of overlays for the City. We, therefore, expect the contractor to place the overlays for this
project without any difficulty.
Since the asphalt rubber chip seal is a new product being used by the City, the supplier of the rubber
binder used in the chip seal will supervise both the mixing of the asphalt rubber binder at the batch
plant and the placement of the asphalt rubber chip seal at the project site. The supplier, International
Surfacing, Inc., has had extensive experience in the placement of asphalt rubber chip seal. Having
them supervise the placement of the asphalt rubber chip seal will ensure an excellent quality job. The
asphalt rubber chip seal unit price bid includes the cost of this supervision.
This project was budgeted as an overlay project based on a fixed amount of budgeted funds in the
Capital Improvement Program (CIP). At the time the project was approved by the City Council,
8"--3
Page 4, Item Y
Meeting Date 5/3/94
specific streets to be overlaid were not identified. A list of streets was prepared and staff bid the
project from this list. The streets included in the bid to be overlayed are shown in the attached
Exhibits 1 and 2, streets 1 through 41.
Because of this excellent bid, staff is requesting Council's authorization for the Director of Public
Works to execute a change order in the amount not to exceed $198,187 with Sim J. Harris Company
such that we may utilize all the funds currently budgeted in this year's CIP for pavement overlay.
Additional streets needed to be overlaid are included in Table I of the exhibit listed in priority
beginning with street number 42. We plan to utilize available funds to place I1h conventional asphalt
concrete overlay on pavement fabric on these additional streets.
Attached is a copy of the contractors disclosure statement.
Environmental Status
The City's Enviromnental Review Coordinator has reviewed the work involved in this project and
determined that the project is exempt under Section 15302, Class 2 of the California Enviromnental
Quality Act (reconstruction of existing structure and facility).
FINANCIAL STATEMENT:
The source of funding for this project was Gas Tax and TransNet funds. Prevailing wage scales as
those determined by the Director of Industrial Relations, State of California were determined to be
applicable to the work to be done. No special minority or women owned business requirements were
necessary or part of the bid documents.
Funds Reauired for Construction
A.
B.
C.
D.
Contract amount (Alternate D)
Staff (design and inspection)
Laboratory testing
Contingencies
$1,457,132.00
47,000.00
30,000.00
243.253.35
$1,777,385.35
Funds Available for Construction
A.
Pavement Overlay, Citywide Funds (STL-206)
Total Funds for Construction
$1.777.385.35
$1,777,385.35
FISCAL IMPACT: After construction, only routine City maintenance accounting mainly to street
sweeping will be required.
SElFilc No. AX-129
\\'PC M:\home\enginecr\agcnda\ovcday.con
Attachments: Exhibit 1 (Alternates A & C - list)
Exhibit 2 (Alternates B & D - list)
Exhibit 3 - City Attorney memo NOT SCANNED
fr"J/
RESOLUTION NO. 17~/'9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR "PLACEMENT OF VARIOUS TYPES OF
STREET SURFACING (ASPHALT CONCRETE, ASPHALT
RUBBER HOT MIX, ASPHALT RUBBER AND AGGREGATE
MEMBRANE WITH SLURRY SEAL) FOR THE 1993-94
OVERLAY PROGRAM AND CONSTRUCTION OF SIDEWALK
RAMPS ON VARIOUS STREETS IN THE CITY OF CHULA
VISTA, CA. (STL-206)"; AND AUTHORIZING STAFF
TO INCREASE QUANTITIES TO EXPEND ALL AVAILABLE
FUNDS FOR THIS PROJECT
WHEREAS, at 2:00 p.m. on March 23, 1994 in Conference
Room 3 in the Public Services Building, the Director of Public
Works received bids for "Placement of various types of street
surfacing (asphalt concrete, asphalt rubber hot mix, asphalt rubber
and aggregate membrane with slurry seal) for the 1993-94 Overlay
Program and construction of sidewalk ramps on various streets in
the city of Chula Vista, CA (STL-206)."; and,
WHEREAS, the project was bid with four alternatives:
Alternates A and C utilized conventional asphalt concrete paving
only; Alternates Band D utilized asphalt rubber hot mix overlay,
asphalt rubber and aggregate membrane (chip seal) with slurry seal
and conventional asphalt concrete paving; Alternates A and B were
bid using minimum wages, while Alternates C and D used prevailing
wages; and
WHEREAS, bids for construction of this proj ect were
received from four contractors as follows:
1-
Superior Ready Mix L.P.,
San Diego
Alternate Alternate B Alternate Alternate
~ .s; !2
Conventional Asphalt rubber Conventional Asphalt rubber
A.C. paving hot lix A.C. paving hot IIix
only overlay on1r overlay
MinhuI wage Asphalt rubber Prevai ing Asphalt rubber
chip seal & wage chip seal &
conventional conventional
A.C. A.C.
MinhuI wage Prevailing
wa a
$1,474,277
.25
$1,675,760 $1,438,854. $1,694,82
.00 00 9.00
No Bid No Bid $1,682,54 $1,461,690
7.00 .00
No Bid No Bid $2,013,21 $1,713,913
4.00 .00
Contractor
2.
siro J. Harris Company,
San Diego
3.
Daley Corporation, San
Diego
4.
Granite Construction Co.,
San Diego
?" 5'
WHEREAS, after reviewing the bids for Alternates Band D,
Engineering Division staff discussed the use of minimum wage versus
prevailing wage with the City Attorney and since the source of
funds for this project is Gas Tax, the city Attorney felt that our
status as a Charter City would allow the use of minimum wage
provisions, we have never done so in the past with this revenue
source and it was his ,opinion that while we would be successful in
a potential lawsuit, the difference of less than $21,000 in a $1.4
million contract was insignificant to the potential cost of
defending a lawsuit, therefore, the city Attorney recommended using
prevailing wage provisions; and
WHEREAS, it is staff's recommendation to implement
Alternate D (using asphalt rubber products and paying prevailing
wages) as this alternate will give the City the most paving miles
with the latest high quality paving materials available; and,
WHEREAS, the low bid for Alternate D by Sim J. Harris
Company in the amount of $1,457,132.00 is below the engineer's
estimate of $1,506,086 by $48,954.00 or 3.3% and staff recommends
awarding the contract to Sim J. Harris; and
WHEREAS, because of this excellent bid, staff is
requesting Council's authorization for the Director of Public Works
to execute a change order in the amount not to exceed $198,187 with
sim J. Harris company such that staff may utilize all the fund
currently budgeted in this year's CIP for pavement overlay; and,
WHEREAS, the City's Environmental Review Coordinator has
reviewed the work involved in this project and determined that the
project is exempt under section 15302, Class 2 of the California
Environmental Quality Act (reconstruction of existing structure and
facility) .
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the City of Chula vista does hereby accept the four bids for
"Placement of various types of street surfacing (asphalt concrete,
asphalt rubber hot mix, asphalt rubber and aggregate membrane with
slurry seal) for the 1993-94 Overlay Program and construction of
sidewalk ramps on various streets in the city of Chula Vista, Ca.
(STL-206)" and awards the contract for Alternate D to Sim J. Harris
Company in the amount of $1,457, 132.00.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
contract for and on behalf of the City of Chula vista.
BE IT FURTHER RESOLVED that the Director of Public Works
is hereby authorized to execute a change order in an amount not to
exceed $198,187 to expend all available funds for this project.
Presented by
Approved as to form by
John P. Lippitt, Director of ~,~
Public Works 0 .
PENDING REVIEW BY CITY ATTORNEY
Bruce M. Boogaard, City
Attorney
i~
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EXHIBIT 3
"i"
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March 29, 1994
-,,__ 'iIo :,,:::".-
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i"::;;J. f't. n ~ L rll .
From:
Cliff Swanson, Deputy Director of public Works
Shale Hanson, Associate Civil En1t~r
Bruce M. Boogaard, City Attorney\)~
Asphalt Concrete Payment Overlay at Various Locations
in the City
To:
Re:
You advised me that we can avoid the risk of litigating the
appropriateness of minimum wage over prevailing wage by agreeing to
accept a bid alternate for approximately $20,000 more that will
involve the payment of prevailing wage. In light of the social
value related to the payment of prevailing wage, the minimal extra
expense, the elimination of the risk of litigation and the risk of
an adverse judgment, it is my opinion that we should accept the
Alternate D bid and require the contractor to pay prevailing wage
to his employees, even if the law does not specifically require
same (an issue which we do not have to resolve at this point in
time) .
BMB:lgk
C:\lt\overlay.wag
rr' I /
COUNCIL AGENDA STATEMENT
Item1
Meeting Date 5/3/94
ITEM TITLE: /}. Resolution 174/7/J Amending Schedule III "Parking Prohibition at all
Times on Certain Streets" rescinding parking restrictions along Fourth Avenue and
retaining the parking restriction along Davidson Street
8. Resolution 1')1/ ? I Amending Schedule VI "Parking Time Limited On
Certain Streets" and creating a One-Hour Parking Zone in the area of Fourth
Avenue as described in the Schedule included in this report
SUBMITTED BY: Director of Public WoW ~
REVIEWED BY: ~ity ManagerS\ 'aItJ~ (4/5ths Vote: Yes_No_)
In order to create sufficient space to park the City's official vehicles adjacent to the Police Station, the
City Council passed Resolution 12967 on April 14, 1987, establishing the prohibition of parking on the
west side of Fourth Avenue from Davidson Street to a point 152' south to the southerly driveway
entering the Police Station. The same prohibition was created for the portion of the south side of
Davidson Street east of the driveway to the Police Department compound (Guava Avenue) 194' east
to the driveway exiting the Police Department's east parking lot (Fourth Avenue). This area was then
established for parking of the Police Department's vehicles.
On April 11, 1994, staff received a memo from the Police Chief in which he stated that, since the Police
Department no longer requires the parking along Fourth Avenue for "Official Vehicles," it should be
restored to public parking with the caveat that this parking be "One-Hour Time Limited" to provide
additional parking for patrons of the Civic Center complex.
RECOMMENDATION: That the Council approve the resolutions amending Schedule III to rescind
parking prohibitions along Fourth Avenue beginning at Davidson Street and ending at Memorial Way
on the west side, and amending Schedule IV establishing a Time Limited Parking zone in this same
area.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Schedule III of parking restrictions as established under Section 10.52.280 of the Chula Vista Municipal
Code, amended by Resolution 12967 on April 14, 1987, should be amended to reflect the following
change:
SCHEDULE ill - PARKING PROHmITED AT ALL TIMES ON CERTAIN
STREETS
Name of Street Beginning At Ending At Side
Davidson Street Fourth Avenue Guava Avenue South
Fem1:k A_YBRlIB Da+liEle9R. ~tnBt ).{emefial ~~3' West
9,/
Page 2, Item~
Meeting Date 5/3/94
The City Engineer and the Police Chief have determined that the need to have the posted parking
restrictions along the west side of Fourth Avenue in the area described above no longer exists. In
accordance with the City of Chula Vista Civic Center Parking Plan and, more specifically, the need for
public access to the City ofChula Vista Public Services complex, this portion of Fourth Avenue would
better serve the needs of the City if it is designated as a "Time-Limited Parking" area. Schedule VI of
parking restrictions as established under Section 10.52.340 of the Chula Vista Municipal Code should
be amended to establish this area as a "One-Hour Parking" zone effective upon the passage of this
resolution and the posting of signs.
SCHEDULE VI - PARKING-TIME LIMITED ON
CERTAIN STREETS
Name of Street Beginning At Ending At Side Length of Time
Permitted
Fourth Avenue Davidson Street Memorial Way West One Hour
FISCAL IMPACT: $175 to provide and install new signs.
HRlFilc No.: CY-027; CY-029
WPC M:\homc\engineer\agenda\pdparkl
Attachments:
Area Plat
Resolution 12967 NOT SCANNED
Letter from Chief of PoliceNOT SCANNED
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9-3
DEPARTMENTAL CORRESPONDENCE
DATE:
TO:
April 11, 1994
Hal Rosenberg, Traffic Engineer
FROM:
SUBJECT:
Richard P. Emerson, Chief of Police
Change in Parking Restrictions
The parking requirements for our department have diminished due to
the downsizing of our Investigation Division's vehicle pool. At
the present time, we no longer need the parking area assigned to
"Official Parking Only" in front of our station on Fourth Avenue.
We would like to open this parking area to the public and limit the
parking to "One Hour Parking". This would provide more parking for
the visitors to the Police Department building and the Public
Services building.
The contact person here at the Department will be Acting Captain
Dan Wolf, extension #5230, if you have any questions.
(J.tL/
R chard P. Emerson
9-1
CITY OF CHULA VISTA
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item
Meeting Date 4~87
Reso1ution/~9~7 Establishing a portion of roadway adjacent
to the curb within the immediate area of the Police Station
that shall be reserved exclusively for the use of official
Pol ice Department cars, and making it un1 awful for any other
vehicle to park within said area
SUBMITTED BY: Director of Public Works/City Engineer
-L
REVIEWED BY:
Ci ty Manager
(4/5ths Vote: Yes~o~)
This resolution is in response to the Police Department's reQuest for
additional parking spaces. Because of the increased size of our Police force
and the increase in the number of vehicles currently in use, it has become
necessary to gain additional parking for Police Department vehicles. this
parking would be gained on that portion of street adjacent to the Police
Station on both Davidson Street and Fourth Avenue.
RECOMMENDATION: That City Council adopt this resolution to make
preferential parking for Police vehicles on City streets legal and defined,
and to make violations of this parking restriction readily enforceable.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
As a result of City growth, the Police Department has outgrown its current
parking lot capacity. Since the area surrounding the Police Department has no
space available for additional official vehicle parking, it has become
necessary to place Police vehicles on the street. This resolution when
adopted by City Council will provide parking for an additional 16 "official
cars." The resolution will restrict the portion of Davidson Street east of
the driveway to the Police Department compound (Guava Avenue) a distance of
194 feet (9 marked stalls) east to the driveway exiting the Police
Department's east parking lot (Fourth Avenue), on the south si de of Davi dson
Street. This area covers the south side of Davidson Street from Guava Avenue
to Fourth Avenue.
Further, this resolution will restrict the portion of Fourth Avenue south of
Davidson Street a distance of 152 feet (7 marked stalls) south of the driveway
entering the Police Department's east parking lot, on the west side of Fourth
Avenue. This area covers the west side of Fourth Avenue from Davidson Street
to Memorial Way.
9"5
Page 2. Item
Meeting Date 411187
This resolution is established in conjunction with enabling Section 22507 of
the California Vehicle Code amended in 1985 to allow local authorities to
establi sh preferenti a1 parki ng on pUblic streets which are deemed reasonab1 e
and necessary.
This resolution is established pursuant to Section 10.52.070. "No Parking
Areas-Desi gnated." and Secti on 10.52.280. SCHEDULE I II. "Parki ng-Prohi bited
at all times on certain streets" which states. "pursuant to resolution or
ordinance of the city council. and when appropriate signs have been erected
giving notice thereof, no person shall park a vehicle at any time upon any of
the streets or portions of streets as follows:
Name of Street
Beginning at
Fourth Avenue
Ending at
Guava Avenue
Side
Davidson Street
South-side
Fourth Avenue
Davidson Street
Memorial Way
West-si de
FISCAL IMPACT: Not applicable.
Attachments: Plat
California Vehicle Code, Section 22507
Chula Vista Municipal Code, Section 10.52.070
Chula Vista Municipal Code, Section 10.52.280
Resolution from City Attorney
San Diego Municipal Code, Section 86.03.4
WPC 2697E
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RESOLUTION NO. 12967
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A PORTION OF ROADWAY
ADJACENT TO THE CURB WITHIN THE IMMEDIATE AREA
OF THE POLICE STATION THAT SHALL BE RESERVED
EXCLUSIVELY FOR THE USE OF OFFICIAL POLICE
DEPARTMENT CARS, AND MAKING IT UNLAWFUL FOR
ANY OTHER VEHICLE TO PARK WITHIN SAID AREA
The City Council of the City of Chula Vista does hereby
resolve as foll ows:
WHEREAS, there is presently inadequate parking for
official Police Department vehicles at the City, and
WHEREAS, Vehicle Code Section 22507 allows the City to
restrict parking on streets by resolution, and
WHEREAS, restricting the parking on the public streets
adjacent to the Police Department would provide additional
parking for 16 vehicles.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that parking shall be restricted to
"official cars" only on that portion of Davidson Street east of
the driveway to the Police Department compound a distance of 194
feet. (9 marked stalls) west to the drivewy exiting the Police
Department's east parking lot on the south side of Davidson
Street and on that porti on of Fourth Avenue south of Davi dson
Street a di stance of 152 feet (7 marked stall s) south of the
driveway entering the Police De'partment's east parking lot, on
the west side of Fourth Avenue thereby including the west side of
Fourth Avenue from Davidson Street to Memorial Way.
Presented by
Approved as to form by
j~
C;omas . I ron, Y Attorney
9..r
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this
19 87 ,by the following vote, to-wit:
14th
day of
April
AYES:
NAYES:
Councilmembers McCand1iss, Cox, Moore, Nader, Malcolm
Councilmembers None
ABSTAIN:
I ABSENT:
I
I
Counci lmembers
None
Counci 1 members
None
,{J~ ,e ~
May 0 he City of Chulo Vista
ATTEST ~-<7'-;.u~~r
;::7 City Cler~ ."r
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 55.
CITY OF CHULA VISTA )
I
DO HEREBY CERTIFY that the above .and foregoing is a full, true and correct copy of
RESOLUTION NO. 12967
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
,and that the some has not been amended or repealed.
. DATED
I
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City Clerk
CllY OF
CHULA VISfA
C(:-660
9"/~
RESOLUTION NO. /7171}
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SCHEDULE III "PARKING
PROHIBITION AT ALL TIMES ON CERTAIN STREETS"
RESCINDING PARKING RESTRICTIONS ALONG FOURTH
AVENUE AND RETAINING THE PARKING RESTRICTION
ALONG DAVIDSON STREET
WHEREAS, in order to create sufficient space to park the
City's official vehicles adjacent to the Police station, the city
Council passed Resolution 12967 on April 14, 1987, establishing the
prohibition of parking on the west side of Fourth Avenue from
Davidson Street to a point 152' south to the southerly driveway
entering the Police Station; and,
WHEREAS, on April 11, 1994, staff received a memo from
the Police Chief in which he stated that, since the Police
Department has lost nine vehicles due to budget cuts, the parking
along Fourth Avenue is no longer needed for "Official Vehicles" and
should be restored to public parking with the caveat that this
parking be "One-Hour Time Limited" to provide additional parking
for patrons of the civic Center complex; and,
WHEREAS, staff recommends that the Council approve the
resolution amending Schedule III to rescind parking prohibitions
along Fourth Avenue beginning at Davidson Street and ending at
Memorial Way on the west side.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the city of Chula vista does hereby amend Schedule III "Parking
Prohibition at all Times on certain Streets" and rescinding parking
restrictions along Fourth Avenue and retaining the parking
restriction along Davidson Street as follows:
SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS
Name of Street
Davidson Street
Endin At
Guava Avenue
f=J)
FsaE'ER P_-~"eR\;le
Ba-.-isS8R St.reet.
Presented by
~pr vad l to
~Bruce M. Booq.
Attorney
John P. Lippitt, Director of
Public Works
c: \rs\park. III
9A'/
RESOLUTION NO.
J7l/71
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SCHEDULE VI "PARKING TIME
LIMITED ON CERTAIN STREETS" AND CREATING A
ONE-HOUR PARKING ZONE IN THE AREA OF FOURTH
AVENUE AS DESCRIBED IN THE SCHEDULE
WHEREAS, in order to create sufficient space to park the
city's official vehicles adjacent to the Police station, the City
Council passed Resolution 12967 on April 14, 1987, establishing the
prohibition of parking on the west side of Fourth Avenue from
Davidson Street to a point 152' south to the southerly driveway
entering the Police Station; and,
WHEREAS, the same prohibition was created for the portion
of the south side of Davidson Street east of the driveway to the
Police Department compound (Guava Avenue) 194' east to the driveway
exiting the Police Department's east parking lot (Fourth Avenue)
which area was then established for parking of the Police
Department's vehicles; and,
WHEREAS, on April 11, 1994, staff received a memo from
the Police Chief in which he stated that, since the Police
Department no longer requires the parking along Fourth Avenue for
"Official Vehicles", it should be restored to public parking with
the caveat that this parking be "One-Hour Time Limited" to provide
additional parking for patrons of the Civic Center complex; and
WHEREAS, staff recommends that the Council approve the
resolution Schedule IV establishing a Time Limited Parking zone in
this same area; and,
WHEREAS, the City Engineer and the Police Chief have
determined that the need to have the posted parking restrictions
along the west side of Fourth Avenue in the area described above no
longer exists; and
WHEREAS, in accordance with the City of Chula vista Civic
Center Parking Plan and, more specifically, the need for public
access to the city of Chula vista Public Services complex, this
portion of Fourth Avenue would better serve the needs of the City
if it is designated as a "Time-Limited Parking" area.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City council
of the City of Chula vista does hereby amend Schedule VI "parking
Time Limited on Certain Streets" creating a One-Hour Parking Zone
in the area of Fourth Avenue as follows:
1
9(3 ~ I
SCHEDULE VX - PARKXNG-TXME LXMXTED ON
CERTAXN STREETS
Name of Street Beginning At Ending At Side Length of Time
Permitted
Fourth Avenue Davidson Street Memorial Way West One Hour
John P. Lippitt, Director of
Public Works
In
Presented by
Approved
Bruce M.
Attorney
C:\r's\park.VI
2
9B~~
COUNca AGENDA STATEMENT
Item / tJ
Meeting Date 5/3/94
SUBMITTED BY:
Report: Requesting Council to Schedule Consideration of the
Growth Management Oversight Commission's (GMOC) 1993 Annual
Report for the Council Workshop Meeting of May 26, 1994
Director of Planning ;1Bt
City ManagerjG ~ f5!l
(4/5ths Vote: Yes_No..xJ
ITEM TITLE:
REVIEWED BY:
The Growth Management Oversight Commission has been meeting since December, 1993, to
review threshold standard compliance for the period from July 1, 1992 through June 30, 1993,
and has recently finalized its report. That report is presently scheduled for consideration by the
Planning Commission on May 11, 1994. The purpose of this report is to request that the City
Council schedule a joint meeting with the GMOC to review the Commission's 1993 annual
report.
RECOMMENDATION: That Council approve a joint meeting with the Growth Management
Oversight Commission, to be held in a workshop setting on May 26, 1994, to consider the
GMOC's 1993 Annual Report.
BOARDS/COMMISSIONS RECOMMENDATION:
At their first meeting on December 16, 1993, the GMOC approved their annual meeting
schedule which included the proposed May 26, 1994 Council workshop date.
DISCUSSION:
In prior years the City Council has requested that review of the GMOC annual report be
conducted in a workshop setting. Such workshop meetings have been held each year, with the
exception of 1992 and 1993, when scheduling conflicts necessitated review of the GMOC annual
report at a regular Council meeting. In order to ensure that this year's review can again be held
in a workshop setting, staff is requesting on behalf of the GMOC that the City Council confirm
the meeting date of May 26 for this purpose.
FISCAL IMPACT: Not applicable.
(GMOC-93\ccwksprq.a13)
RAL:EB/eb
/tJ'l
COUNCIL AGBRDA STATBMDT
Item
II
Meeting Date
5/03/94
ITEM TITLE: a) Public Hearing regarding existing and proposed
rates and charges for Cox Cable's Basic
Service Tier and associated equipment
b) Resolution 1'1,/7'^- approving the issuance of
an Accounting Order to c~able
SUBMITTED BY: Deputy City Manage~omson JI
REVIEWED BY: City 'Manager db' ~ JI ("/5ths Vote: Yes_ NO..L)
On september 7, 1993 the City Council authorized staff to apply to
the Federal Communications commission (FCC) for the limited cable
television rate regulation authority that is now available to
cities. That authority was granted to the City by the FCC as of
November 12, 1993, and Chula vista staff subsequently worked with
staff from National city, Imperial Beach, La Mesa and poway to
jointly select a consultant to help conduct the initial rate review
process. On January 4, 1994 the City council approved a memorandum
of understanding (MOU) among these five cities for purposes of a
coordinated approach to regulating Cox Cable's cable television
rates for the Basic Service Tier since September 1, 1993. The
cities jointly selected Public Knowledge, Inc. to conduct this rate
review analysis for the cities, and Public Knowledge, Inc. prepared
a separate report for each of the five cities. The report from
Public Knowledge, Inc. regarding Cox Cable's rates in Chu1a Vista,
which is attached as Exhibit 2, concludes that the City could order
Cox Cable to reduce its monthly rate for the Basic Service Tier
from $7.91 to $7.72, a reduction of $0.19 per month.
On March 30, 1994 the FCC issued new cable television rate
regulations that will become effective on or after May 15, 1994.
In the attached letter dated April 21, 1994 (Exhibit 1), Cox Cable
has indicated its request that the May 3 public hearing be
continued until after June 15, 1994 to allow Cox Cable additional
time to review the report prepared by Public Knowledge, Inc. as
well as to review the new FCC regulations. Under the
circumstances, staff considers this request for a continuance
appropriate, and other cities have also continued their
consideration of Cox Cable's rates. The City must, however, take
some action by May 10, 1994 or the rates submitted by Cox Cable in
January 1994 will officially be deemed approved as submitted, at
least until the new FCC regulations are implemented on or after May
15, 1994.
Staff has therefore prepared the proposed resolution which will
reserve the city's right to order rate reductions and refunds
(potentially retroactively to September 1, 1993) in the event the
ci ty subsequently takes action to disapprove Cox Cable's basic
rates. It is staff's understanding that Cox Cable concurs with the
proposed continuance and resolution.
//-j
Item
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Meeting Date
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RECOMMENDATION:
That Council:
1. Open the Public Hearing and invite public comment;
2. continue the Public Hearing to June 21, 1994; and
3. Adopt the resolution approving the issuance of an
Accounting Order to Cox Cable
BOARD/COMMISSION RECOMMENDATION: N/A
BACKGROUND:
The federal "Cable Television Consumer Protection and Competition
Act of 1992 (Cable Act of 1992)" provided local cable television
franchising authorities, such as the City of Chula Vista, with the
ability to regulate, to a limited degree, some of the rates charged
by their cable operators. A city's rate regulation authority is
limited to the rates charged for the Basic Tier of services and
associated equipment. This tier, as defined by the Cable Act of
1992, includes local commercial stations and public, educational
and governmental access channels.
Rates for expanded tiers, which include such channels as CNN, ESPN
and MTV, are now known as "Cable Programming services" and are
regulated by the FCC upon the filing of a complaint by a subscriber
or a franchising authority. Rates for premium and pay-per-view
channels, such as cinemax or HBO, are not regulated by any agency
under the Cable Act of 1992. The FCC began issuing Orders relating
to rate regulation for cable television services on May 3, 1993,
with the original effective date of June 21, 1993, subsequently
delayed to September 1, 1993.
New rates using FCC-mandated "benchmarks" were implemented by Cox
Cable San Diego, Inc. on September 1, 1993 in Chula vista as well
as the other franchise areas served by Cox Cable. The new rates
implemented by Cox Cable on September 1, 1993 are summarized in a
Cox Cable publication attached as Exhibit 3. As indicated in this
attachment, Cox's monthly rate for an 18-channel Basic Service Tier
in Chula vista was reduced to $7.91 compared with a former $14.85
rate for a 15-channel lineup. As of September 1, 1993, however,
Cox Cable increased its Cable Programming Service (CPS) monthly
rate from $8.10 to $14.51 in Chula vista. The total of both tiers
(Basic and CPS) was thus decreased from $22.95 to $22.42 in Chula
Vista, as well as in Imperial Beach, National City and Santee.
As indicated in Exhibit 3, Cox Cable established three different
groups of rates for its ten franchise areas, based on the number of
channels and the date of the upgrade that Cox Cable provided in
each of the franchise areas. It needs to be emphasized that
franchise authorities can only regulate the Basic Tier of services
2 II'.)...
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Meetinq Date
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and associated equipment, not the rates for the Cable Programming
services Tier (such as CNN, ESPN and MTV) or for premium or pay-
per-view services (such as cinemax or HBO). As also indicated on
the attached rate schedule implemented by Cox Cable on September 1,
1993 (Exhibit 3), the fees for various equipment and installation
services were also modified at that time. As indicated in Exhibit
4, Cox Cable modified its installation charges further on January
1, 1994.
The Cable Act of 1992 provided for a certification process for
franchising authorities desiring to regulate Basic Tier rates, and
the FCC has been issuing various Orders related to the
certification process and the rate regulation process since May 3,
1993. As indicated above, the effective date of rate regulation
was changed several times by the FCC, but September 1, 1993 was the
final date so the City's rate regulation authority is limited to
the period starting on that date.
On September 7, 1993 the City Council adopted Resolution 17245
authorizing the City to submit a certification application to the
FCC for regulation of cable television Basic Tier service rates and
adopting regulations and procedures for the city's rate review that
are consistent with the FCC regulations. The September 7, 1993
Agenda Statement and Resolution 17245 are attached as Exhibit 5.
On October 12, 1993 the City Council adopted Resolution 17271
amending Resolution 17245 to indicate that Chula vista Cable is not
subject to rate regulation under the FCC guidelines because staff
had determined that Chula vista Cable is subject to effective
competition as defined in the FCC regulations.
Of the ten franchising authorities in the San Diego region that are
served by Cox Cable San Diego, staff from five of the cities formed
an informal cable television committee in mid-1993 to explore
opportunities for coordinating cable television regulation efforts.
These five cities were Chula vista, National City, Imperial Beach,
La Mesa and Poway. This informal committee identified the need to
have someone with cable television rate expertise review the rate
schedules submitted by Cox Cable to determine if they are in
conformance with the FCC rules and guidelines, which are quite
lengthy and complex.
The committee developed a Request for Proposals (RFP) to provide
services regarding the review of the FCC Form 393 and supporting
worksheets submitted by Cox Cable to each of the franchise
authorities. The committee received seven responses to the RFP,
and after interviewing the three top firms, unanimously selected
Public Knowledge, Inc. to provide the requested services. The city
councils of each of the five cities approved a memorandum of
understanding (MOU) among the five cities to provide a framework
for administering the contract with Public Knowledge, Inc. in
January 1994, with the Chula vista City Council approving the MOU
3
//-.3
J:tem
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Meeting Date
5/03/94
on January 4, 1994. The maximum cost of the contract was $6,200,
with the cost split equally among the five cities. The contract
does not provide for the consultant to attend the City Council
meetings unless individual cities pay for that cost separately.
The City of Chula vista had submitted its application to the FCC
for regulation of Basic Service Tier rates on October 12, 1993, and
the city was effectively certified to regulate Basic Tier rates of
Cox Cable as of November 12, 1993. On December 10, 1993 Cox Cable
received the City's notification that it was certified and that it
was requesting Cox Cable to submit its FCC Form 393 within thirty
days regarding its rates since september 1, 1993 for basic services
and associated equipment. On January 10, 1994, the city received
Cox Cable's Form 393, which is attached as Exhibit 6 with a
transmittal letter from Cox Cable dated January 6, 1994.
Under FCC regulations and city Resolution 17245, the City has
thirty days to review the Form 393 submitted by Cox Cable, but it
can extend that review period by an additional ninety days by
submitting a letter to Cox Cable extending the review period, and
the City did so on February 1, 1994. The City thus has a total
review period of 120 days from the date that Cox Cable submitted
its Form 393 to the City, which was January 10, 1994. The City,
therefore, has to take some form of action by May 10, 1994, or the
rates submitted by Cox Cable in January will officially be deemed
approved as submitted by Cox Cable.
Public Knowledqe. Inc. Report Reqardinq Cox Cable's Rates
The report from Jay smith, President of Public Knowledge, Inc.
regarding Cox Cable's Basic Tier Rates is dated March 7, 1994 and
is attached as Exhibit 2. After staff reviewed the report and
discussed it with Mr. smith, staff sent a copy to Cox Cable on
April 15 for their review and comment. As noted in the report, Mr.
Smith conducted a review and analysis of the Cox Cable FCC Form 393
Benchmark rate submittal, including a visit to the Cox Cable
offices and several discussions with Cox Cable officials. Mr.
smith also met with staff from the five cities to review various
matters relating to the study prior to finalizing his report.
In general, the consultant concluded that Cox Cable had attempted
to prepare its Form 393 carefully and in accordance with FCC rules
as Cox interpreted them. However, he identified certain problem
areas that are detailed more fully in Public Knowledge's report,
including:
Incorrect date and inflation factors;
Incorrect reported installation and equipment revenue;
Inappropriate method to count satellite channels;
Inappropriate exclusion of income taxes and return on
investment from equipment and installation costs; and
4
jj..Lj
It_
1/
Meeting Date
5/03/94
Incorrect allocation
installation costs.
of
certain
equipment
and
Mr. smith's analysis indicates that the correction of some of these
problems decrease the maximum permitted rate per channel, while
other corrections cause increases. Overall, the Public Knowledge,
Inc. report concludes that the City could order Cox to reduce its
rate for the Basic service Tier from $7.91 to $7.72 per month, a
reduction of $0.19. The consultant's recommended rate is based on
a maximum initial permitted rate per channel of 42.99 compared to
the 44.09 indicated in the Cox Form 393 filing, and assumes
eighteen channels of basic service. On an annual basis, this
reduction in the Basic Service Tier would equate to about $72,000
for the 31,600 Chula vista subscribers to Cox Cable.
The Public Knowledge, Inc. report also concludes that Cox's Cable
Programming service (CPS) rate, which is subject to rate regulation
by the FCC rather than by the city, should be reduced from $14.51
to $14.16 per month (assuming 33 channels), a reduction of $0.35
per month. The potential annual reduction for Chula vista
subscribers for the Cable Programming services rate would thus be
about $132,000. The CPS rates will be addressed separately by the
FCC at a later date, and staff intends to monitor and assist the
FCC in its review of the CPS rates.
The Public Knowledge, Inc. report concludes that the city has two
major alternatives: (1) the City could order Cox Cable to reduce
its rate for the Basic service Tier by the $0.19 per month
identified in the report; or (2) the City could not order a rate
reduction at this time, but issue an "Accounting Order" indicating
to Cox that the City could order a rate reduction and refund in the
future, after further evaluating Cox Cable's comments on the Public
Knowledge report as well as after both the City and Cox Cable have
been able to further evaluate recent FCC actions before taking
specific rate reduction or refund actions.
Recent FCC Action
On February 22, 1994 the FCC announced it would be requiring a
further rate reduction for all cable operators. Upon
reconsideration of its original benchmark regulation, the FCC
decided to require that prices for regulated services of cable
systems be lowered by a formula intended to be equivalent to a
reduction of up to 17%, as opposed to the initial 10% reduction
figure, for cable systems operating above a price benchmark. The
FCC regulations regarding this additional 7% rate reduction were
issued on March 30, 1994 and will become effective on May 15, 1994.
The new regulations, however, provide cable operators with the
option of deferring implementation of the new regulations by an
additional sixty days if the cable operator is willing to meet
specified conditions. If Cox Cable exercises this option, which it
5
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Item
II
Meeting Date
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is likely to do, it will need to implement the new regulations by
July 14, 1994. The new regulations have significantly revised the
methodologies for calculating the appropriate rates for both the
Basic Service Tier and the CPS Tier. Cox Cable will be required to
submit a new set of FCC forms to the City for our review based on
the new FCC regulations.
The rates that are the subject of the attached Public Knowledge,
Inc. report concern the rates charged by Cox Cable from September
1, 1993 until the new FCC regulations take effect, which will be on
or after May 15, 1994.
Cox Cable Reauest
In a letter dated April 21, 1994 (Exhibit 1), Cox Cable requests,
based on the recent FCC action as well as concerns with the Public
Knowledge report, that the City continue its public hearing until
after June 15, 1994. The letter also references the "Accounting
Order" that is included in the proposed resolution. It is staff's
understanding therefore that Cox Cable is in agreement with the
formal recommendations staff is making in this Council Agenda
Statement.
Other cities' Actions
Several other franchise authorities served by Cox Cable have
previously acted to approve continuances of their public hearings
and to issue Accounting Orders for the same reasons referenced in
this report. The cities of San Diego, National city, Imperial
Beach and poway have taken this type of action, and the County of
San Diego and La Mesa have taken similar action but through a
slightly different methodology.
Conclusion
As previously indicated, the Public Knowledge, Inc. report provides
two major options for Council consideration: (1) ordering Cox
Cable to reduce its rate for the Basic Service Tier by $0.19 per
month from September 1, 1993 until the new FCC regulations take
effect on or after May 15, 1994; or (2) not order a rate reduction
at this time but issue an "Accounting Order" indicating to Cox that
the city may order a rate reduction and/or refund in the future.
Based upon some current uncertainty regarding the ultimate impact
of the new FCC rate regulation rules, the April 21 request from Cox
Cable, the related actions of other local cities, and staff's
understanding that a continuance would not jeopardize the City's
right to order reductions and refunds in the future retroactive to
September 1, 1993, staff has concluded that a continuance of the
public hearing and the adoption of the resolution with the
Accounting Order is appropriate. It is staff's understanding,
6 I/r~
Item
II
Meetinq Date
5/03/94
based on discussions with the consultant and other knowledgeable
parties, that additional continuances beyond the proposed June 21,
1994 date (at least until the end of August) are also permitted
under the regulations.
As previously discussed, it is important however that the City take
some form of action by May 10, 1994, or the rates submitted by Cox
Cable in January on its FCC Form 393 will officially be deemed
approved as submitted by Cox Cable.
Additional Consultant Assistance
In order to conduct the further review of Cox Cable's rates and the
data Cox will be submitting to the cities on new FCC forms under
the new FCC regulations effective on or after May 15, 1994, staff
from Chula vista and the other four cities that have been working
together are starting to formulate a plan to jointly contract with
Public Knowledge, Inc. for such a review and possibly with an
attorney that specializes in municipal regulation of cable
television rates. staff intends to bring such a recommendation to
Council for approval later in Mayor June. Staff believes this
joint approach has been a very cost effective way of performing the
rate regulation function.
FISCAL IMPACT:
Statement.
None by the action recommended in this Agenda
If at a subsequent time, the City Council takes action to reduce
the maximum rate that Cox Cable may charge for its Basic Service
Tier by the $0.19 per month discussed in this report, this action
could provide a savings of about $72,000 on an annual basis for
Chula vista subscribers. The March 30, 1994 new FCC regulations
could increase the amount of the reduction.
If the FCC takes separate action in the future to reduce the
maximum rate that Cox Cable may charge for its Cable Programming
service Tier by the $0.35 mentioned in this report, that action
could reduce the rates paid by Chula vista subscribers by about
$132,000 per year. The March 30, 1994 new FCC regulations could
increase the amount of the reduction.
since the franchise fee paid by Cox Cable is 3%, the City's revenue
from franchise fees could be reduced slightly by reductions such as
those discussed above, but staff has not given any consideration to
the potential impact of rate regulation on these fees in conducting
the rate regulation function.
EXHIBITS:
1. Letter dated 4/21/94 from Cox Cable requesting continuance of
the 5/3/94 public hearing
7 II'?
'/2.
/3.
4.
,..-
./ 5.
,,6.
Item
II
Meetinq Date
5/03/94
Report dated 3/7/94 from Public Knowledge, Inc. reviewing Cox
Cable's FCC Form 393 Basic Service Tier and Equipment rates
Cox Cable publication listing its September 1, 1993 rates
Cox Cable publication revising its installation charges as of
January 1, 1994
September 7, 1993 Council Agenda Statement and Resolution
17245
Letter dated January 6, 1994 from Cox Cable transmitting its
FCC Form 393 Basic Service Tier and Equipment rates
8
/I'g"
RESOLUTION NO. 17'1'1.2..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ISSUANCE OF AN
ACCOUNTING ORDER TO COX CABLE
WHEREAS, the City of Chula vista is certified to regulate
basic cable service rates pursuant to the 1992 Cable Act ("the
Act") and FCC Rules; and,
WHEREAS, the City of Chula vista adopted Resolution
17245, as amended, prescribing procedures for rate regulation
consistent with the Act and FCC Rules, and is regulating basic
cable rates; and
WHEREAS, within the past 120 days, Cox Cable San Diego,
Inc. submitted to the City of Chula vista a FCC Form 393, titled
Determination of Maximum Initial Permitted Rate for Regulated Cable
Programming Services and Equipment, with a proposed schedule of
rates for the basic service tier and associated equipment,
hereafter "Form 393", and the City of Chula vista ordered the
tolling of the effective date of such rates as set forth in
Resolution 17245; and
WHEREAS, because the rates in the Form 393 generally
become effective 120 days from their submission unless the City of
Chula vista has taken action on them and, it is now apparent that
the city of Chula vista may not take such action within such time
period, therefore to protect the interests of its residents, the
City of Chula vista wishes to direct Cox Cable San Diego, Inc. to
keep an accurate account of all sums received by reason of such
rates and on whose behalf such amounts were paid, such that if and
to the extent the city of Chula vista later issues a written
decision disapproving any portion of such rates that appropriate
refunds may be ordered for subscribers in the City of Chula vista,
as well as prospective reductions; and,
WHEREAS, the City of Chula vista possesses the powers
conferred by the Act and FCC Rules, and described in Resolution
17245 and may adopt additional rules applicable to basic cable
service rate regulation proceedings consistent with the Act and FCC
Rules and take any action not prohibited by the Act and FCC Rules
to protect the public interest in connection with basic cable
service rate regulation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula vista that pursuant to the Act, the FCC Rules and
Resolution 17245, the City of Chula vista hereby orders that the
proposed schedule of rates submitted by Cox 9able San Diego, Inc.
with its Form 393 shall be allowed to become effective, 120 days
1
/)'9
from their submission to the City of Chula Vista, subject to
refunds to the earliest date from which the refund period may run
pursuant to the FCC Rules, and to prospective reduction if and to
the extent the city of Chula vista later issues a written decision
disapproving any portion of such rates including all equipment and
installation rates.
BE IT FURTHER RESOLVED that pursuant to the Act, the FCC
Rules and Resolution 17245, the city of Chula vista hereby directs
and orders Cox Cable San Diego, Inc. to keep an accurate account of
all amounts received by reason of the rates proposed with the Form
393 and on whose behalf such amounts were paid.
BE IT FURTHER RESOLVED that the City Clerk of the city of
Chula vista is hereby directed to mail a copy of this resolution by
first class mail to Cox Cable San Diego, Inc.
Presented by
'r'
James R. Thomson, Deputy
city Manager
C:\rs\AccQunt.COX
'\
2
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.'J
EXHIBIT 1
APR 21 '94 03:31PM COX EXEC STAFF FAX 619/266-5555
Cox Cable San Dieoo
5159 Federal Boulevard
San Olego, Call1ornle 92' 05-5496
Telephone 61 9/263.9251
P.1/2
A $\Jbeldlary ot
Cox-Communioations, Inc.
CDX
Cox Cable
San 0Ieg0
Apri12l, 1994
ROl)ert McRann
Sr.VicI President and General MlnaQer
~
1" "f
Deputy City .. linager
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
VIA FAX
Re: Cable Television Rate Regulation
Dear Mr. Thompson:
This is to advise that Cox Cable respectfully requests a continuance of the public hearing
currently scheduled for May 3, 1994, to review Cox Cabl~'s Form. 393.
As you may be aware, the rate review process for Cox in the City of Chula Vista
commenced when the City notified Cox of its certification in December of 1993.
Pursuant to the notification, Cox filed its rate structure (Form 393) with the City on
~5'nuary 7,1994.
The rate review process is complex and time consuming. It was not until April 15, 1994,
that we received a copy of the City's consultant's report, which recommends rate
rollbacks. Cox takes issue with a number of the findings and is in the process of
preparing a response to the City's report.
To further complicate matters, the FCC has since announced a new wave of rate
reductions. The new rules will become effective on May 15, 1994. However, the FCC
provides cable operators with the ability to extend the effective date by 60 days.
Therefore, Cox Cable respectfully requests that the City continue this rate review matter
until after June 15, 1994, and instruct Cox to "keep an accurate accounting of all amounts
received by Cox by reason of the rate and charges for the Basic Service Tier as found in
the FCC Form 393 and to further keep full and accurate records indicating on whose
behalf such amounts were paid." This action will enable the City to retain its ability to
order refunds, if such refunds are in order,
The reason that Cox requests the above-referenced items are threefold. First, Cox
received the City's report on April 15, 1994 and has not had sufficient time to analy~ and
1/' / I
APR 21 '94 03:32PM COX EXEC STAFF FAX 619/266-5555
F' -, ,.""")
. C.J 0::.
make comment on the City's conclusions. Second, the FCC has recently promulgated
another set of rate regulations which were released on Wednesday, March 30, 1994. The
content of these regulations (between 500 and 600 pages) will affect the City's report.
Finally, given that the new regulations will affect the City's report, it will also require that
Cox prepare a new Form 393 for the-City's consideration which will then result in a new
report and a subsequent response by Cox.
By continuing this matter until after June 15, 1994, both Cox and the City can concentrate
on the new FCC regulations. By issuing the above-referenced accounting order, the City
retains all rights to order rate rollbacks and customer refunds if, in fact, the regulations so
prescrib
RMcJks
'.
cc: Sandy Murphy .
Bob Self
Steve Collins
,
I/"/;L
EXHIBIT 2
PUBLIC KNOWLEDGE~
3510 SUNRIDGE DR. S.
SALEM, OR 97302
(503) 581-0878
FAX (503) 581-2026
2828 N.E. STANTON
PORTLAND, OR 97212
(503) 287-7273
FAX (503) 287-7323
March 7, 1994
Mr. Lyman Christopher
City of Chula Vista
276 Fourth Ave.
Chula Vista, CA 91910
Dear Lyman:
At your request, we have conducted a review of the Federal Communications Commission
(FCC) Form 393 cable television basic service rate filing (filing dated September 1, 1993;
transmittal letter dated January 6, 1994) submitted to the City of Chula Vista by Cox Cable San
Diego (Cox). This letter snmmarizes the results of the review and presents our
recommendations for adjustments to Cox's cable TV rates.
As you are aware, the FCC has developed a complex set of rules and procedures for regulation
of cable TV rates in accordance with the Cable Television Consumer Protection and Competition
Act of 1992. Local franchise authorities are empowered to regulate monthly rates for basic
programming services and equipment rentals, as well as installation and related transaction
chargeS. The FCC intends to directly regulate monthly rates for "cable programming services"
(more commonly called "expanded basic" or "tier" services). Cable programming services
(CPS) are packages of program services not included in the "basic" package and for which the
subscriber must pay an additional monthly fee. The rates for still other programming services,
offered on a per channel or per program basis, commonly called premium or pay services, are
not regulated by either local franchise authorities or the FCC under current law.
The purpose of the FCC Form 393 is to provide a framework for a cable operator to submit
certain data and calculations to justify its rates as of the initial date of regulation, in accordance
with FCC rules. Monthly programming service rates are compared against benchmarks
developed by the FCC, and equipment and installation charges are developed based on an
operator's actual costs, again as determined by FCC guidelines and procedures. The end result is
intended to be a set of maximum permitted rates and charges applicable to the cable operator in
the local franchise area. -
A. Scope and Procedures
Our review included assessing Cox's compliance with FCC rules and guidelines; evaluating the
accuracy of certain data and calculations; and testing the reasonableness of certain methods and
assumptions that Cox applied. We performed the following procedures:
//-/3
CONSUL17NG AND INFORMA110N SERVICES FOR PUBUC MANAGEMENT EXCELLENCE
Performed a preliminary review of the completed FCC Form 393; for example:
Spot-checked Cox's compliance with certain form completion instructions
published by the FCC.
Checked the inflation index data that Cox used.
Compared benchmarks used by Cox to the FCC benchmark tables to evaluate
whether the correct benchmarks were used for the number of subscribers, total
regulated channels, and number of satellite channels assumed by Cox.
Identified needs for further information.
. Prepared a data request and forwarded it to Cox.
. Contacted the Cox official responsible for preparation of the Form 393 and through telephone
interviews and facsimile transmissions obtained information related to our data request.
. Conducted a desk review of the information that Cox provided including, for example:
Compared rates, charges, and programming line-ups on the Form 393 with the
actuals as presented on programming line-ups and rate cards provided to
subscribers.
Tested calculations and interrelationships among the parts, worksheets, steps, and
schedules to check whether computations were correct and internally consistent.
Assessed the data sources, methods, and assumptions that Cox applied to develop
equipment and installation costs, to test whether Cox's approach appeared to be
reasonable and consistent with FCC rules, guidelines, and interpretations.
Compared certain information reported by Cox to data submitted by a sample of
cable operators from around the country, to further test the reasonableness of
certain Cox data.
. Visited the Cox facility in San Diego and performed certain additional procedures; for
example:
Checked certain data against sources (billing system reports, service actIvIty
reports, asset records, and general ledger revenue and expense reports).
Reported our preliminary findings to the Cox official responsible for preparing
the Form 393 and identified open issues.
. Received and reviewed certain additional information from Cox pertaining to issues open at
the conclusion of the site visit.
. Summarized findings for review by you and Cox officials. '
. Prepared this report.
2
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We performed the procedures that we believed to be appropriate within the time and budget
limitations established for this review. Had we performed additional procedures, other matters
may have come to our attention and our reported findings may have been different.
B. Summary of Findings
In general, it appears that Cox personnel have attempted to prepare the Form 393 carefully and
in accordance with FCC rules as they interpret them. However, we identified certain problem
areas, including the following:
. Incorrect date and inflation factors
. Incorrect reported installation and equipment revenue
Inappropriate method to count satellite channels
. Inappropriate exclusion of income taxes and return on investment from equipment and
installation costs
. Incorrect allocation of certain equipment and installation costs
Corrections for certain of these problems decrease the maximum initial permitted rate per
channel, while other corrections cause increases. Correction for the problems collectively leads
to a decrease in the initial permitted rate for basic services. Each of these problem areas is
discussed below.
Incorrect date and inflation factors
Cox dated its Form 393 September 1, 1993 (prior to the initial date of regulation by the City)
and reported (on Line 101 of Worksheet 1) basic and cable programming service rates that were
in effect prior to that date. Cox should have instead dated its form after the initial date of
regulation (which, for the basic service tier, is the date that the City notified Cox that the City
was certified by the FCC and that basic rates were subject to regulation), and should have
reported the rates that it was charging at that time. I For basic service, the reported rate should
have been $7.91 instead of $14.85; and for the cable programming service tier the reported rate
should have been $14.51 instead of $8.10. This change, in itself, has no impact on the resulting
permitted rates, because the Worksheet I rate data turn out not to be a factor in the Cox rate
determination.
However, because the Cox filing should have been dated later than it was, the applicable
inflation factors applied in Worksheet 1 should also differ from those used by Cox. The form
requires the use of an inflation index published by the US. Department of Commerce. This
index is updated quarterly, and in January, 1994, when Cox submitted its Form 393 filing to the
City, the most recent quarter for which an index figure was aVllilable was the quarter ending
September 30, 1993. Cox should have used the 126.2 GNP,PI index for that quarter on Line
122 of Worksheet 1, and should have used a GNP-PI of 122.5 for the quarter ending September
30, 1992 in the calculation on Line 124. Instead, Cox used outdated indices. Cox also should
have entered 15 months on Line 124 (the number of complete months since September 30, 1992)
Worksheet 1 is entitled "Calculation of Rates in Effect on Initial Date of Relmlation and
Benchmark Comparison" [emphasis added]. Also see the FCC rules, 47 CFR 76.922 (b) (iii).
3
/I~/f
and 12 months on Line 125 (the number of months from September 30, 1992 to the most recent
GNP-PI quarter).
Correcting the Cox filing for the initial rate and inflation factor problems together, yields a
maximum initial permitted rate per channel that is about O.l~ higher than in the Cox 393 filing.
The very small increase is attributable to the extra months of inflation beyond those Cox
assumed in its filing.
Incorrect reported installation and equipment revenue
Cox incorrectly reported its installation and equipment revenue both for the initial date of
regulation (Worksheet I, Line 104) and for September 30, 1992 (Worksheet 2, Line 204). The
FCC issued a clarification on how revenue should be reported on Line 104 after Cox had
submitted its Form 393 to the City. 2 However, correction of this line would have no effect on
the maximum initial permitted rate per channel because Cox's rates are determined by the rates
and installation and equipment revenue from September, 1992, not those at the initial date of
regulation.
The incorrect amount reported at Line 204 of Worksheet 2 does have an effect on the calculation
of the maximum permitted rate. In determining its reported amount, Cox included not only
revenue that it actually received for installations and equipment in the twelve-month period
ending September 30, 1992, but also an imvuted amount ofrevenue for converters used by pay
services customers. In fact, during the applicable period, Cox did not charge pay customers a
separate equipment charge for converters. A Cox representative has stated that the rationale for
including revenue for these converters in Line 204 is based on the theory that the converters had
value, and that Cox could have charged pay customers separately for them had the company so
chosen. Yet we are aware of no FCC rule, guideline, our clarification that states that operators
can include i1l1Puted amounts in the figures reported for equipment and installation revenue. The
amounts that Cox reported for imputed revenue for these converters are nQ! identified as
equipment revenue in the Cox accounting records for the applicable period, nor, to our
knowledge, were pay customers during this period informed that they were paying a specified
amount per month for converter rental. We therefore believe that the imputed portion of the
revenue amount that Cox has reported at Line 204 should be disallowed.
2 The FCC has clarified that for the figure reported on Line 104 "..operators must use
equipment revenues that will be representative of the equipment rates that were in effect as of
the initial date of regulation. Where available, actual revenues should be used. Where operators
have restructured equipment rates as of September I, 1993, in accordance with our regulations,
we would anticipate that in most cases, absent special circumstances, operators will enter on
Line 104 the same, or nearly the same, number as on Line 301. Line 301 is the anticipated
revenues based on equipment rates derived in accordance with FCC rate regulations." (Federal
Communications Commission, Question 7, "Questions and Answers on Completion of FCC
Form 393 and Associated Filing Requirements," November 10, 1993). Cox, filing before
November 10, 1993, did not comply with this instruction.
4
11'/"
Cox included $50,441 of imputed converter rental revenue in Line 204. A subtraction of this
amount from the reported figure produces a maximum initial rate per channel that is
approximately 0.6ft per month less than the rate reported by Cox.
InllPDrojlriate method to count sateJlite channels
The number of satelJite channels is a factor helping to determine what benchmark rates should
be selected for the time of the filing (Worksheet 1, Line 121) and for September 30, 1992
(Worksheet 2, Line 220). In the Cox filing for Chula Vista, the relationship between these two
benchmark lines determines a "channel adjustment factor" calculated at Worksheet 5, Lines 501
_ 503. This channel adjustment factor in turn helps to determine the maximum initial permitted
rate per channel.
Cox counted each sateJlite service active on its Chula Vista system as "one" in determining the
benchmarks, regardless of whether the service was the only service occupying a channel, or
whether the service shared the channel with other services. For example, a channel shared by
two sateJlite services was counted as "two" in the sateJlite channel count by Cox. The Cox
system currently offers several channels that share two or more satellite services, so that by
counting multiple services on a channel Cox derived satellite channel counts notably higher than
if no single channel were counted as more than "one."
The Cox method of counting sateJlite channels does not seem appropriate. The FCC has
clarified that a "channel is a unit of cable service identified and selected by a channel number or
similar designation.... The distribution of several programming services combined on a single
channel does not increase the number of channels on the system." The FCC then proceeds to
define a "satelJite" channel as "...any cable program service or 'superstation' delivered on a
communications sateJlite that is not a premium service...." 3 The most reasonable interpretation
would read the two definitions together, with the second distinguishing sateJlite services from
others, and the first helping to prescribe how channels (including, by reasonable inference,
sateJlite channels) are to be counted. MoreoV'er, we could find no discussion in the FCC's
published discussion of the survey and quantitative methodology it used to set the benchmarks
that would indicate that sateJlite channels were or should be counted in the manner applied by
Cox. The benchmark tables produced by the FCC in fact imply that the FCC did not
contemplate the possibility of counting multiple "sateJlite channels" on a single regulated
channel, because there are no benchmark entries on the table matrices where the number of
sateJlite channels could exceed the total number of regulated channels (a condition that would be
at least theoretically possible under the method employed by Cox).
We believe that no single channel should be counted as more than "one" sateJlite channel.
Applying this approach, we identified 38 sateJlite channels on the current Chula Vista system,
and 38 satelJite channels in September, 1992. These revised counts lead to a benchmark of .461
(compared to .468 used by Cox) at Line 121 and of .461 (compared to .462 used by Cox) at Line
220. These benchmarks in turn create a channel adjustment factor of 0.000 at Line 503,
compared to the 0.013 entered by Cox. This change in itself would cause the maximum initial
3 Federal Communications Commission, "Cable Television Rate Regulation Questions and
Answers," May 13, 1993; Questions 15 and 16.
5
//- / 'l
permitted rate per channel to be about 0.6t per month lower than that indicated by Cox on its
Form 393.
InannrQpriate exclusion of income taxes and return on investment from e<l.Jlipment and
instal1ation costs
The FCC has provided for a return on investment and income tax expenses as costs to be
included in the rates charged for instal1ations and equipment.' Cox did not include these factors
in its filing to the City of Chula Vista. While the exclusions cause the maximum permitted
instal1ation and equipment rates to be lower than they would be if taxes and a return on
investment were included, Cox's approach also causes the maximum permitted monthly rates for
regulated program services to be higher than they would otherwise be. The higher monthly
program service rates result because the total monthly cost of installation and equipment is
subtracted from the base rate per channel- (at Line 301 of Worksheet 3) to help determine the
maximum initial permitted rate per channel on the Form 393. Cox would have subtracted more
at Line 301 if income taxes and a return on investment had been included in its reported
installation and equipment costs.
A key issue is whether the FCC sought to give operators discretion to apply less than their ful1
costs in determining instal1ation and equipment costs. The applicable rules suggest that the FCC
did not intend such discretion. For example, 47 CPR 76.923 (c) states that "A cable operator
shall establish an Equipment Basket, which wil1 include A!l costs of providing customer
equipment and instal1ation under this section" [emphasis added]. Further in the same subsection
the FCC indicates that "The Equipment Basket Jhall include a reasonable profit" [emphasis
added]. In its "Second Report and Order" (August 27, 1993) the FCC observes that" ...Congress
intended that our regulations establish equipment rates similar to those that would exist in a
competitive environment. Under the 'actual cost' standard, cable operators recover their costs
including a reasonable profit. This wil1 result in rates comparable to those that would exist in a
competitive environment, thus subjecting a reasonable amount of equipment to a standard that
furthers Congress' intention." By excluding certain costs from the Equipment Basket Cox has
not fully complied with the "actual cost" standard. In effect, a portion of the installation and
equipment costs are being subsidized by monthly program service rates.
On a going forward basis, appropriately adding certain costs to the Equipment Basket and
subtracting the costs from monthly program service charges could be "revenue neutral" for Cox.
That is, the amounts Cox gains by higher permitted equipment and installation rates (if Cox in
fact raises these rates by the amount of the increase in permitted levels) should be offset by
lower permitted monthly program service rates. However, for the purpose of determining
potential refund liability on a retroactive basis, an adjustment for the income taxes and return on
investment exclusions would not be revenue neutral, because subscribers would be entitled to a
· Schedules A and C of Part III of the Form 393 contain columns for a return on
investment, federal income taxes, and state income taxes. The instructions for determining the
return on investment on the Form 393 indicate that the FCC wil1 consider up to 11.25% as a not
unreasonable rate of return. Direction on determining the tax rate is included in "FCC Rate
Rules: Questions and Answers," Multichannel News, August 9, 1993; Question 14; and in the
FCC's "Second Report and Order," paragraph 59 and an associated footnote (August 27,1993).
6
jl'IT
refund for the amount that Cox actually charged above the maximum permitted rates for
monthly program services, but Cox would not be able to recover the added equipment and
installation charges that would be permitted under the revised rates. The monthly program
service overcharge attributable to the understatement of equipment and installation costs equates
to about 1.4~ per channel per month for subscribers in Chula Vista. S
Incorrect allocation of certain installation and eqllipment costs
The FCC rules and instructions for the Form 393 require that the costs included in the
Equipment Basket be those, and only those, associated with the installation activities and
equipment for which the cable operator is able to charge subscribers on a basis unbundled from
other services. For example, installation personnel may also perform service disconnection
activities, but under the rules the costs of disconnections are to be recovered in monthly program
service charges, not as a separate charge to subscribers (or former subscribers). The costs of
disconnection activities therefore should not be included in the Equipment Basket.
Cox allocated certain costs to the Equipment Basket based on the proportion of time that field
service personnel spend on activities involved in services that may be billed to subscribers as
installation and equipment charges, versus time these personnel spend on activities that are not
separately billable. This is a reasonable approach for several of the objects of expenditure that
Cox included in the Equipment Basket. However, Cox did not allocate certain costs that support
both activities that are separately billable under the rules and activities that are not. Specifically,
Cox included tools and maintenance facility costs in Schedule A of Part III ofthe Form 393 and
allocated these costs to a pool supporting field services personnel, but did not further allocate the
gross book, accumulated depreciation, and annual depreciation figures to reflect the fact that
these assets also support certain field services activities not appropriately included in the
Equipment Basket (for example, disconnection activity). Cox could have reasonably applied a
labor cost allocation percentage it developed for Schedule B to the items included in Schedule A
as well.
This adjustment, by itself, would slightly lower the maximum permitted rates for installations
and equipment, but would slightly increase the maximum permitted monthly rates for program
services. The effect on monthly rates for program services is less than O.l~ per channel.
c. MaIimum Permitted Rates and Related Recommendations
We have four principal recommendations, as reported below:
. Order basic service rate reduction and/or issue an accounting order
. Order refunds (optional)
. Notify the FCC of City rate actions
. Evaluate future FCC actions.
S This calculation assumes that Cox would apply the maximum permissible return on
investment and tax percentages allowed by the FCC.
7
/ 1~/9
Any rate reduction actions or refund decisions the City makes based on these recommendations
should be expressed in written orders directed to Cox.
Order basic service rate reduction and/or issue an accountinl! order
Based on the findings reported above, we believe that Cox rate reductions would be appropriate.
The City's alternatives include the following:
O,ption 1
The City could order Cox to reduce its rate for the basic service tier. If the City chooses this
alternative, we recommend that the ordered rate be $7.72, compared to the $7.91 that Cox now
charges, a reduction of $0.19. The recommended rate is based on a maximum initial permitted
rate per channel of 42.9t, compared to the 44.0t indicated in the Cox Form 393 filing; it
assumes 18 channels of basic service. On an annual basis, the reduction equates to about
$72,000 for Chula Vista subscribers.
The 42.9t (see Attachment 1) reflects the corrections discussed above in the findings for dates
and inflation factors, reported installation and equipment revenue, and satellite channel counts.
It does nQ! include any adjustments for items affecting the Equipment Basket (income taxes and
return on investment, and cost allocation factors). We have excluded the adjustments for the
Equipment Basket factors in order to not put the City in a position of possibly authorizing future
increases in installation and equipment rates before the City has learned how the FCC will act on
cable programming service rates related to the current Form 393 filing and before new FCC
rules expected soon have been published (see below). The recommended rate is inclusive of all
basic service fees and charges except the applicable franchise fee, which is addressed below.
We did not make any adjustments for installation and equipment costs in the suggested 42. 9~
rate. Although we have certain findings that suggest that these rates could be adjusted (see the
findings regarding income taxes and return on investment, and certain asset cost allocations), we
believe that it is prudent for the City to nQ! order adjustmet}t of these rates now. We advise the
City to wait until the FCC has acted on the cable programming service rate and until
forthcoming FCC rules have been reviewed (see below) to determine the correct course of
action. If it acts by the end of the 90 day tolling period currently applicable, the City has the
authority to issue a brief written order directing Cox "...to keep an accurate account of all
amounts received by reason of the rate in issue and on behalf such amounts were paid." 6 The
accounting order should specify that basic service rates and all equipment and installation rates
are still at issue, even though the City has issued an order (see above) for basic service rate
reductions.
We believe that the FCC rules prevent Cox from establishing new installation or equipment rates
or raising these rates more frequently than annually, unless the City has ordered or specifically
allowed a change as part of a rate proceeding under the FCC rules. 7 Further, as a cost
6 47 CFR 76.933 (c).
7 FCC, "Cable Television Rate Regulation Questions and Answers," Question 33: "How
often can rates change for equipment? Answer: As for other rate increases, cable operators may
8
II ~.).p
accounting matter, because Cox excluded certain installation and equipment costs from Part III
of the Form 393, one effect is for the monthly rates for programming services to be higher than
they would otherwise be. 8 We do not believe that the FCC intended to allow operators to
double recover equipment and installation costs by excluding them from Part III of the Form 393
(and thereby increasing rates for programming services), and then at a later date implementing
an increased charge for equipment or installations that was not properly accounted for in the
Form 393 "Equipment Basket."
We therefore recommend that the City carefully review future installation and equipment rate
filings that Cox submits to evaluate the consistency of the cost finding methods used in the new
filing(s) with those used in the initial filing under review in this report. In the future, basic and
cable programming services rate increases will be determined, in part, by a price cap adjustment
that builds on the initial maximum permitted rate per channel. In effect, the higher the initial
established rate per channel, the higher rates will be in the future (if all other factors are equal).
As noted above, if the cable operator has excluded or understated certain equipment or
installation costs in Part III of the Form 393 filing, as Cox apparently has in this case,. one result
will be higher initial program service rates, and the operator would potentially continue to
benefit from these higher rates as future price cap adjustments occur.
Attachment 2 shows what the Cox maximum initial permitted rate per channel would be if
adjustments were applied for the equipment and installation cost finding problems noted in this
report. The per channel rate would be 41.S~ instead of the 42.9~ recommended for the rate
reduction order noted above, but the maximum permitted equipment rates would also be higher,
possibly offsetting the program service rate reduction.
Our specific concern, therefore, is that Cox could gain a higher program service rate now by
excluding costs from the Equipment Basket, and then potentially "catch-up" on any installation
or equipment costs that were understated in the initial filing by applying a more inclusive cost
finding approach in future installation and equipment cost filings. Thus, to the extent that Cox's
cost finding methods or assumptions may differ in future filings, the City should reserve the
right to (1) reject or adjust the cost finding methods or assumptions if they are inconsistent with
those used in this initial filing; or (2) require adjustments to the maximum initial permitted rate
per channel to account for the changes in the cost finding methods or assumptions. The issuance
of an accounting order now should assist the City to require future adjustments, and Cox to make
refunds, should they become necessary because of the equipment and installation cost finding
procedures that Cox applied in this filing.
Option 2
As a second option, the City could not order a rate reduction at this time, but only issue an
accounting order indicating to Cox that the City could possibly order a rate reduction and refund
in the future. This option would give the City further opportunity to evaluate FCC actions
before committing to any rate reduction or refund actions.
file for equipment charges annually."
8 This result occurs because the total cost of the "Equipment Basket" is subtracted at Line
301 of Worksheet 3 in order to help determine the maximum initial permitted rate per channel.
9
11.,)./
Order refunds (ontional)
If the City selects the first option above, it can order basic service refunds to subscribers, for the
period between September I, 1993 and the date that Cox reduces its basic rate to no higher than
the maximum permitted level indicated in this report. The City has this authority under the FCC
rules. 9 The City must give Cox notice and an opportunity to comment. Cox has the option of
refunding amounts to specific subscribers affected or via a one-time percentage applicable
reduction to the class of subscribers currently subscribing to the system. In addition, interest
(computed at an Internal Revenue Service rate) is to be added to the refund amount. Once the
City has issued and Cox has accepted a rate reduction and refund order, the City should review
Cox's proposed refund methodology and amounts to ensure compliance with the FCC rules.
Notify the FCC of City rate action
The City should notify the FCC of the City's actions, to alert the FCC of a required reduction in
Cox's cable programming service rate. Only the FCC can order a cable programming service
rate reduction. If the FCC were to adopt a maximum permitted rate of 42.9~ per channel (see
Attachment I), the rate for the cable programming service tier would be $14.16, compared to
$14.51 currently (assuming 33 channels). The annual reduction for Chula Vista subscribers
would be about $132,000.
Evaluate future FCC actions
The FCC has announced that it will be issuing another order of reconsideration and/or further
interpretations of its rules in the next few weeks. The FCC action could have an impact on the
Form 393 calculations or the City's position in this rate regulation proceeding, and we and the
City can only evaluate the impact once the orders or interpretations have been promulgated.
If you have any questions or comments regarding this report you may contact me at
503-287-7273. Thank you for this opportunity to serve the City of Chula Vista.
Sincerely,
'he.~
Jay C. Smith
President, Public Knowledge, Inc.
9
47 CFR 76.942
10 I
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Resolution /7l '75 Authorizing the submission of
a certification application to the Federal
Communications commission, adopting regulations
that are consistent with the Federal communications
commission I s cable television basic service rate
rules and regulations; and establishing certain
procedural laws and regulations which provide a
reasonable opportunity for consideration of the
views of interested parties in cable television rate
regulation proceedings taken h.ereunder
Deputy City Manager Th9mson "
Director of Finance ;tit
City Manager1b ~ 11 (4/5THS Vote: Yes=No X_)
In October 1992 Congress passed the "Cable Television Consumer
Protection and competition Act of 1992" (Cable Act of 1992). On
May 3, 1993, the Federal Communications commission (FCC) issued an
Order relating to rate regulation for cable television services.
The effective date of the Order was originally June 21, 1993, but
was delayed to September 1, 1993. The Rate Order, although lengthy
(over 500 pages) and highly complicated, clearly establishes the
right of the local franchising authorities to regulate basic
service rates. Basic service rates must include, at a minimum, all
broadcast channels and PEG (public, education, and governmental)
channels. Addi tionally, the Rate Order provides for federal
regulation of all elevated services except pay services (which are
unregulated) . In order for a jurisdiction to exercise its
statutory ability to regulate basic service rates, it must file for
certification. Council action tonight will authorize the City to
submit a certification application to the FCC for regulation of
basic service rates.
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
EXHIBIT 5
COUNCIL AGENDA STATEMENT
Item
Meeting Date
9/7/93
RECOMMENDATION: That Council adopt the resolution authorizing the
city to submit a certification application to the FCC for
regulation of basic service rates and establishing procedures
required by the FCC.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Cable Act of 1992 addresses many areas relating to the
provision of cable television services including rate regulation,
customer service standards, franchise renewals, and signal quality
standards. The new law is intended to return to cable television
II..J./'
Page 2, Item
Meeting Date 9/7/93
franchising authorities a limited ability to regulate rates.
However, the new law does not automatically restore rate regulation
to local authorities. Franchising authorities may activate local
regulation of basic cable service rates by requesting FCC
certification.
An application, for which the FCC has developed the attached form,
requires that the city certify the following:
1. The City's regulations are, or within 120 days of
certification will be, consistent with the rate
regulations adopted by the FCC for the basic service
tier.
2. The city has the legal authority to adopt, and the
. personnel to administer, such regulations.
3. The city's procedural rules provide, or within 120 days
of certification will provide, an opportunity for
consideration of the views of interested parties.
4 .
The city has no reason to dispute
presumption that cable operators located
City limits are not subject to effective
the statutory
within our
competition.
The attached resolution certifies the above items and provides for
initial rate procedures and regulations as required.
The city may file the FCC Form 328 on or after September 1, 1993,
the effective date of the Rate Order. A copy of the certification
form must also be served on all cable operators (Cox Cable and
Chula vista Cable) in the City on or before the date the form is
filed at the commission.
The certification will be automatically effective 30 days after the
filing unless the FCC affirmatively rejects the filing within the
3D-day period as insufficient.
Once certified for regulation, the City must notify the cable
operators that all statutory requirements are in compliance and
that the city intends to regulate basic service rates. The cable
operator then has 30 days from receipt of such notification to
either (a) file its basic rate schedule with the City, using FCC
forms, or (b) file a petition for reconsideration of the
certification.
Once the City receives the schedule of rates for basic service tier
from the cable operator, the City makes a determination as to
whether the rates are in compliance with the FCC's standards. In
the event of a finding of non-compliance, the FCC allows the City
to order rate reductions and refunds. Such actions would be
I/~ 3~
Page 3, Item
Meeting Date 9/7/93
subject to an appeals process involving the FCC.
Limited Authoritv to Requlate Rates
As previously mentioned, the city will only have the ability to
regulate basic service (all broadcast channels and PEG channels)
rates.
This level of regulation severely limits the impact that the City
will have on overall cable television service rates. The reason
for this is that the majority of cable subscribers are served above
the basic cable rate level and only a minority of subscribers
receive the minimum level of service. staff believes that it is
important for the City to regulate rates at whatever level is
legitimately allowed by law, even if that regulation is limited.
This point is highlighted because it appears that many citizens
have the mistaken belief that the city will be able to control or
regulate all cable television rates.
Under the Cable Act of 1992, the FCC will regulate rates for
expanded tiers, now designated as "Cable Programming Services,"
which include channels such as CNN, ESPN, and MTV. (Pay-per-view
channels such as Cinemax or HBO are not regulated).
Customer Service Standards
The FCC adopted in April, 1993 a Final Report and Order
implementing the customer service provisions of the Cable Act of
1992. The standards established by the FCC and the Order were
effective on July 1 provided, however, that franchising authorities
cannot adopt and enforce the standards until 90 days written notice
is provided to cable operators of the city's intention to adopt and
enforce the standards established in the Order.
The FCC considers its standards to be minimum requirements, and
does not prevent local authorities from adopting stricter standards
or continuing to enforce such standards which already may be in
place. Staff is reviewing the existing Franchise Agreements
against the FCC standards to determine if any adjustments need to
be made to the existing customer service requirements.
Resources Needed for Rate Requlation and Potential Cost-Sharinq
The Cable Act of 1992 indicates that the staff time or other costs
that a franchise authority may incur in regulating basic service
rates should be covered by the franchise fees received. In order
to conduct an adequate review of the cable - rates in a timely
/1' 37
.~
Page 4, Item
Meeting Date 9/7/93
manner, the City may want to contract for some specialized legal
and auditing work.
Some other local cities are considering obtaining such contractual
assistance or sharing in-house resources the larger agencies may
have. Staff has held some very preliminary meetings with several
other cities and the County of San Diego to explore opportunities
that may exist for coordination of cable television regulation
efforts. This could potentially take the form of a joint powers
authori ty, a common commission, joint contracting with outside
consultant(s), or simply informal networking to obtain some
efficiencies and perhaps consistency in terms of administering the
Cable Act of 1992, reviewing rate information, certifying to
regulate rates, and implementing customer service standards. Staff
will return to Council at a later date to report on any progress
made in relation to these efforts. Chula vista staff are focusing
at this point more on joint contracting and information sharing
with other agencies, not on a regional commission or joint powers
authority.
FISCAL IMPACT:
Staff time and costs are expended in working on cable television
related issues but there are no direct costs to submit a
certification application to the FCC for authority to regulate
basic cable rates.
In the near future the city may desire to engage specialized legal
or consultant services in order to review and/or audit rate
schedules submitted by the cable companies or to perform other work
in relation to the Cable Act of 1992. At the appropriate time
staff may return with a proposed appropriation of funds.
Attachment:
Form FCC 328 - Franchising Authority certification
/1'3 ~
RESOLUTION NO. /7 2 ~S-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE SUBMISSION OF A
CERTIFICATION APPLICATION TO THE FEDERAL
COMMUNICATIONS COMMISSION, ADOPTING
REGULATIONS THAT ARE CONSISTENT WITH THE
FEDERAL COMMUNICATIONS COMMISSION'S CABLE
TELEVISION BASIC SERVICE RATE RULES AND
REGULATIONS; AND ESTABLISHING CERTAIN
PROCEDURAL LAWS AND REGULATIONS WHICH PROVIDE
A REASONABLE OPPORTUNITY FOR CONSIDERATION OF
THE VIEW OF INTERESTED PARTIES IN CABLE
TELEVISION RATE REGULATION PROCEEDINGS TAKEN
HEREUNDER
WHEREAS, the Cable Television Consumer Protection and
competition Act of 1992 (the "1992 Cable Act") provides, in
relevant part, that franchising authorities can regulate the rates
for Basic Cable service, as defined in the 1992 Cable Act, in
accordance with Basic Service Rate regulations prescribed by the
Federal Communications Commission (the "Commission") upon
certification by the Commission; and
WHEREAS, the Commission has adopted final rules and
regulations implementing section 623 of the 1992 Cable Act in the
Report and Order and Further Notice of Proposed Rulemaking, MM
Docket 92-2266, Released May 3, 1993, effective June 21 and
September 1, 1993; and
WHEREAS, a franchising authority seeking jurisdiction to
regulate Basic Service Rates, as defined in the 1992 Cable Act,
must obtain authorization from the Commission to so regulate; and
WHEREAS, to receive such approval, the franchising
authority must file a written certification with the Commission
certifying that:
1. The franchising authority will adopt and administer
regulations with respect to the rates subject to regulation under
Section 623 of the 1992 Cable Act that are consistent with the
regulations prescribed by the Commission thereunder; and
2. The franchising authority has the legal authority to
adopt, and the personnel to administer, such regulations; and
3. Procedural laws and regulations applicable to rate
regulation proceedings have been adopted, or will be adopted, by
such franchising authorities which provide a reasonable opportunity
for consideration of the views of interested parties; and
1
1/-3 tj
WHEREAS, the City of Chula vista, as the governing body,
hereby desires to authorize the city Manager, or his designee, to
file on its behalf all necessary forms, documents, and otherwise
with the Commission which are necessary and proper to allow it to
regulate Basic Service Rates, as defined in the 1992 Cable Act; and
WHEREAS, the City of Chula Vista now desires to adopt
regulations with respect to the regulation of Basic Service Rates
which are consistent with the regulations prescribed by the
Commission and to adopt procedural laws and regulations applicable
to rate regulation proceedings which provide a reasonable
opportunity for consideration of the views of interested parties;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby resolve as follows:
section 1. Under the laws of the united States, the
Constitution and Statutes of the State of California, and the
ordinances, agreements, and procedures of the City of Chula Vista,
the City of Chula vista possesses the legal authority to adopt the
regulations contained herein.
section 2. The City of Chula vista possesses sufficient
personnel to administer the regulations adopted herein.
Section 3. The city of Chula vista has no actual
knowledge that the cable system, or cable systems, operating in its
jurisdiction are subject to Effective competition and thus, based
upon the presumption of established in section 76.609 of the Code
of Federal Regulations, ("CFR"), the cable operator, or cable
operators, operating within its jurisdiction are not subject to
Effective competition.
Section 4. The city Manager, or his designee, is hereby
authorized, empowered, and instructed to file necessary and proper
forms, certifications, documents, and otherwise as prescribed in
CFR 576.610 Commission by (1) registered mail, return receipt
requested; or (2) hand delivery to the Commission and a date stamp
copy obtained. A copy of the certification form described herein
shall be served on the cable operator, or cable operators, on or
before the date said certification form is filed with the
Commission.
Section 5. Upon certification by the Commission, the
City Manager shall give, by registered mail, return receipt
requested or hand delivery, written notification to the cable
operator, or cable operators, that the City of Chula vista has been
so certified to so regulate Basic Service Rates and the cable
operator, or cable operators, shall thereby be directed pursuant to
CFR 576.930 to file a schedule of rates for the Basic Service Tier
2
II~'I()
and associated equipment with the city of Chula vista within thirty
(30) days as provided in CFR S76.930.
Section 6. Upon receipt of the schedule or rates for the
Basic Service Tier and associated equipment as provided in section
5 above from the cable operator, or cable operators, such schedule
of rates and charges shall be referred to staff for review and
evaluation pursuant to the substantive and procedural standards set
forth in CFR SS76-900-76.985 and the Report and Order and Further
Notice of Proposed Rulemaking in MM Docket 92-266.
section 7. After a cable operator, or cable operators,
have submitted for review its existing rates for the Basic Service
Tier and associated equipment costs, or proposed changes in these
rates (including increases in the base line channel charge that
results from reductions in the number of channels in a tier), the
existing rates will remain in effect or the proposed rates will
become effective after thirty (30) days from the date of
submission; provided, however, that the City may hold this thirty
(30) day deadline for an additional time by issuing a brief written
order as provided in CFR S76.933(b) within thirty (30) days of the
date of submission explaining that it needs additional time to
review the rates.
Section 8. If the city of Chula vista is unable to
determine, based upon the material submitted by the cable operator,
that the existing or proposed rate are wi thin the Commission's
permitted basic service tier charge or actual cost-of-equipment as
defined in CFR SS 76.922 and 76.923, or if a cable operator has
submitted a cost of service showing pursuant to SS76.937(c) and
76.924, seeking to justify a rate above the Commission's Basic
Service Tier charge as defined in CFR SS76.922 and 76.923, the City
of Chula vista may toll the thirty (30) day deadline in section 7
above to request and/or consider additional information or consider
the comments from interested parties as follows:
(a) For an additional ninety (90) days in cases not
involving cost-of-service showings; or
(b) For an additional one hundred fifty (150) days in
cases involving cost-of-service showings.
section 9. If the City of Chula vista has availed itself
of the additional ninety (90) or one hundred fifty (150) days
permitted above, and has taken no action within these additional
time periods, then the proposed rates will go into effect at the
end of the ninety (90) or one hundred fifty (150) day periods, or
existing rates will remain in effect at such times, subject to
refunds if the city of Chula vista subsequently issues a written
decision disapproving any portion of such rates, provided, however,
that in order to order refunds, the city of Chula vista shall issue
a brief written order to the cable operator, or cable operators, by
3
J J. J//
the end of the ninety (90) or one hundred fifty (150) day period
permitted above directing the cable operator, or cable operators,
to keep an accurate account of all amounts received by reason of
the rate in issue and on whose behalf such amounts were paid.
Section 10. Upon receipt of a submission by a cable
operator, or cable operators pursuant to section 5 above, the City
of Chula vista shall give public notice by way of publication of
said submission in a newspaper of general circulation in the
jurisdiction within fourteen (14) days of receipt by the City of
Chula vista thereof. Said publication notice shall state, in
substance, that .the City of Chula vista is considering the
submission of the cable operator reproduced therein, the date of
submission by the cable operator, that said rates will become
effective within thirty (30) days from the date of submission
unless the city of Chula vista extends the review time pursuant to
Section 8 above, and that interested parties may file written
comments with the City Clerk within seven (7) days of publication.
Section 11. If, and to the extent, that the City of
Chula vista extends the review period pursuant to section 8 above,
it shall then act upon the rate submission only at a public hearing
which has been duly advertised and noticed pursuant to the
requirements of Government Code section 6066. At said noticed
public hearing, which may be continued from time to time, all
interested parties including, but not limited to, subscribers,
shall possess a reasonable opportunity to express their views
regarding the matters before the City Council.
Section 12. The City of Chula vista shall issue a
written decision in a rate-making proceeding whenever it
disapproves an initial rate for the Basic Service Tier or
associated equipment, in whole or in part, disapproves a request
for a rate increase in whole or in part, or approves a request for
an increase in whole or in part over the objections of interested
parties. The City of Chula vista is not required to issue a
written decision that approves an unopposed existing or proposed
rate for the basic service tier or associated equipment. Any
written decision required herein shall only be issued and released
at an open and public meeting of the City Council and the text
shall be made available for public distribution at the offices of
the City Clerk during normal business hours commencing the next
business day after adoption by the City Council.
Section 13. These regulations may be amended, from time
to time, by the City Council with or without concurrence or consent
of the cable operator, or cable operators, affected thereby.
section 14. If, and to the extent, a cable operator, or
cable operators, submits a cost-of-service showing pursuant to CFR
5576.937(c) and 76.924 seeking to justify a rate above the
commission's Basic Service Tier charge as defined in CFR 5576.922
4
J /, 0/ .)..
and 76.923, the City of Chula vista shall, within ninety (90) days
of the date of sUbmission, adopt rules, regulations, and procedures
consistent with the rules and regulations of the Commission
relating to the procedural and substantive criteria to be applied
by the city of Chula vista to said cost-of-service submission.
section 15. The
available to it under federal,
not limited to, those remedies
City shall possess all remedies
state and local law including, but
provided in CFR 5576.940-76.943.
Presented by
Approved as to form by
Lyman Christopher, Director of
Finance
Bruce M. Boogaard, City
Attorney
P:\home\aUomey\cable.fcc
5
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FCC 328 I For FCC Ute Only
CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES
AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION
.... ~ . . _ c:-.nwon
. ............ D. C. 20554
N..... of FnnchisinS Authority
MoIIinsAddr..
CIty I Slate TZIPCode
T.....hone No. (Include area codel:
Penon to c_ with ~ to this form:
1
2. L Nome (JI and oddreu(..) of cable 1yIlem(J) and .sociateel FCC community
. unM identifIeR within your IUTlsdlction. (Altoch odclMionaI ~ If --ry.)
CallI. Syotem'. Nome
MolIlns Addr.s
CIty I StoI. I ZIP Code
CallI. Syat..... FCC Community UnM ldentlfoer:
CallI. Syatem'. Nome
Mollins Addr...
City I StoI. T ZIP Code
CallI. Syatem'. FCC Community UnM Identifier:
2. b. Nam. (J) of 1yIlem(J) .nd .sociateel community unM ldentlfler(a) you
cIolm ore aubjecl to resulotlon end with ~ to which you ore fUins this
certiflcotlon. (Attoch odclM1ono1 .heetJ If ~.)
I Nome of Syateml Community Unit
. Identifier
I Nome of Syalem I 'id:.':i;:.1ty UnM
2. c. Hove you ....eel . ~ of thit form on oil portiea Ov.. ONO
lioted In 2.1>.1
-"''':.111
c 'J060.05S0
bpiN 05/311"
I
.
3. WIll your fnnchitlns outhorlty odopt
(withIn 120 cloY' of certifIcotion) end
odmlniller resulotionl with ~ to
boalc cobl. wvic. thot ore conalItent
with the rep\otionl odopteel by the FCC
punuont to 47 U.s.c. Section S43(\>)I
Ov.. ONO
4. WIth ~ to the fnnchillns outhorIty'. resu1otionl referreel
to In QueIllon 3, 0 Y.. 0 No
L Doll your fronchitlns outhorIty .....
the IepI outhorIty to odopt theml
Ov.. ONO
b. Doll your fronchiolnS outhorIty .....
the _nil to odmlniller theml
5. Do the proceduroI IoWl end resulotionl
lIppIlcobI. to rot. rep\otlon proceecIinp
by your fnnchitlns outhorIty provlcle .
.-.obI. ~Ity for c:onoIcIerotIon
of the _ of Intereateel portieal
Ov.. ONO
Ov.. ONO
I
I
6. The Commillion __ thot the cobI.
IyIlem(Illioted In 2.b. it (ore) no! aubjecl
to eIfecthe competMion. ...... on the
definition bilow, do you ..... ....... to
bII..... thot thit _umptlon is correctl
(Effective competition ........ thot (0) fewer then 30 percent of the
houaeholds In the fr..chile .... aubacrlbe to the cabl. ....Ic. of .
cobI. 1yIlem; lit) the fronchile area is (l) served by ot leu! two
unoHUiateel muMichonnll vIcIeo pr....mmlns dlstrlbutora uch of
which offera ~obI. vIcIeo _ammlns to ot leu! 50 percent
of the houIehoIds In the fnnchile _ end OD the number of
houIehoIds aubocrlbins to _emmins ....Ic.. offered by
muMichonnoI vIcIeo _.mmins dlstrlbuton other then the IorpIt
..uMichonnoI vIcIeo prosrammln, distributor ..ceeds 15 percent of
the houIehoIds In the fronchile _ or (e) . multichonnel vIcIeo
_ammins d'lIlributor _oteel by the fnnchitlns .uthorlty for
thot fnnchile .... offera vIcIeo prosrammlns to ot leu! 50 percent
of the houIehoIds In thot fnnchile .....1
5ipoture
TItle
Dot.
WILLFUL fAl.5E STATEMENTS MADE ON THIS fORM ARE
PUNISHABLE BY fiNE AND/OIlIMPIlISONMENT (U.s. CODE
TITLE 18, SECTION 1001).
Retum the orIJInoI end _ ~ of thit certIfIcotion form lei
indlcoteel In 1__', oIon, with OIlY ottochments, to:
Federol Cornmunlcotionl Commillion
Attn: CobI. Fnnchiolq AuthorIty CertIfIcotIon
P.O. 10. 18539 II IJ LI
W....inaton. D. c. 20036 "7 7
,
FCC 32.
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.
fedeta! CornmuntQtions eommisiiotl
Wasninllon, C.C. 20554
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INSTRUCTIONS FOR FCC 328
FRANCHISING AUTHORITY CERTIFICATION
1. The Cable Television Consumer Protection and Competition Act.
enacted in October 1992, changes the manner in which cable
television systems thai are not subject to effective competition are
regulated. In seneral, rates for the h:."it'" Ulrvir,. tip, (the tier required
as a condition of access to all other video services and containin&
among other services, local broadcast st.1tion silnals and public,
educational, and public access channels) and associated equipment
will be subject to regulation by k>cal or ble sovemments
rfranchising authorities.), Rates for cable prosrammins services and
associated equipment (all services except bl.sic and pay channels) will
be lubject 10 regulalion by the FCC. Rates for pay thann.11
(channels for which there is a specific per-channel or per..program
<harg.) are not regulat.d.
2. Only c:abl. syst.ms Ihat are notlUbject 10 effective tompetilion may
be regulat.d. Effective tompetilion means th.al (a) fewer Ihan 30
percent of the households in the franchise area subscribe to the cable
..rvito of a tabl. syst.m; (b) lhe franthi.. area il (i) ..rved by at least
two unaffiliated multichannel video programming distributors each of
which offers comparable video programming to at least 50 percent of
the households in the franchise area; and (ii) the number of
households subscribing to programming services offered by
multichannel video programming distributors other than the largest
multichannel video programming distributor exceeds 15 percent of
the households in the franchise area; or (c) I multichannel video
programming distributor operated by the franchising luthority for that
franchise area offers video programming to at least 50 percent of the
households in that franchise area.
3. In order 10 regulate basic service tier rates, a franchising authority
musl be ~ by the FCC. In order 10 be certified, a franchising
authority must complele this form. An orilinal and one copy of the
completed form and all allathmenu mull be returned 10 the FCC
by reaistered m.JiI, return receipt requested, to the FCC at the
address on the form.
4. A copy of the form must be served on the cable operator by first<lass
mail on or before the date the form is sent or delivered to the FCC.
5. The franchising authority's certifiation will become effective ~
"1bLd.i1e..~lamf')pd QD.Jbt..nnual ntlum ~ unless otherwise
notified by the Commission by thlt dlte. The frlnchising authority
cannot begin to regulate rates, however, until it has actually adopted
the required regulations (see below) and until it has notified the cable
operator that it has been certified Ind that it has adopted the required
regulations.
6. In order to be certified, franchising authorities must answer -yes- to
Questions 3, 4, and 5, which are explained as follows:
7. Question 3: The franchising authority must adopt rate felulations
consislent with the Commission's regulations for basic cable service.
To fulfilllhis requiremenl for certification, the franchising authority
may simply adopt a regulation indicatinl thai It will follow lhe
regulationl .stablish.d by lhe FCC.
The franthiling authority has 120 claY' 10 adopt IhoIe regulations
after the lime il is certified. The franchising authority may not,
however, begin 10 regulate cable rates unlil after it has adopted these
relulations and until it has notified the cable operator that it has been
cenified and has adopted the required resulations.
8. Question 4(a): The franthising authorlty'l "legal authority" 10 regulat.
basic tervice must come from state law. In Cl\I'TW> ctatlOt nnlv th@
&tat.. .nv..mfNllnt may rPO'ulat.. t":.hl.. rat~!!io In those states, the state
lovemmenl should file this certification. Provisions in franchise
Ilreements th.t prohibil rate regulation are mid. and do not prevent
a franchising authority from regulating the basic service tter Iftd
associated equipment.
Question 4(b): The fran<hiling authority must have a IUIlki.nt
number of poroonnellO undertake rate regulation.
^ franthi.. authority unabl. 10 anlWOf 'yoI" 10 quellionl 4(a) or 4(b)
may wish to review lhe FCC's Rfannrt and ~r in nnMttaf q,.,,,F..
FCC 93.177 (released May 3, 1993) for further Information on the
ellablilhmenl of ahemative federal _Iatory prooedures.
9. Question 5: Fran<hiling author~ieI mull have prooedural regulationl
allowing for publit partidpalion in rate regulation proceedings. If a
fran<hiling authority does not have lheIe regulationl already in plate,
~ must adopt them w~hin 120 dlyl of tertlfic:ation and before ~ may
undertake rat. _Iation.
10. QueIIion 6: Moll c:able lyIIeml are IlIII IUbject 10 effective
tompetilion, .. defined by the Cable Att. (The defin~ion is Induded
above and on the form.) The fran<hillng authority may ~ Ihat
the table IySlem In iU jurildiction II not lubject 10 effective
competition.
For purpo... of applying the defin~ion of effective tompet~ion (lee
hem 2 above), -multichannel video propamminl distributors- include
a cable operator, a multichannel multipoint distribution service, a
direct broadc:ast ....lIite """,ito, a televilion re<eive-only _lIite
prosram distributor, I video diallone service, and a satellite master
.ntenna television system. A multichannel video prosrammlna
distributor'l ..rvioel will be deemed "offered' wh.n they are bolh
lethnitally and ac:lually availabl.. Servito II "tee:hnitally availabl."
when lhe mu~ithannel diltributor II phY'ic:ally abl. 10 deliver the
service to a household wish ins to subscribe, with onty minimal
additional Investment by the distributor. A service is -ac:tuatty
available- if subscribers in the franchise area are reasonably IWlre
Ihrough marlceting efforU that the """,ito il available. 5ubltribe..hip
of those multichannel video Pl'OIrammins distributors offering service
10 at leal! 50 portenl of the hou..holdl in a franthi.. area will be
a88regat.d 10 del.nnin. wheth.r al least 15 porc:ent of the
households in the franchise area .re served by competitors. A
multichannel video programminl distributor must offer at Jeast 12
channels of programming. at least one channel of which is
nonbroadcast, to be found to offer -comparable- video proaramming.
11. Thil tortification form mull be Ilgned by a sovemmenl official with
authority 10 ac:l on behalf of lhe franthiling authority.
fCC HOna TO tNDMDUAU IIQUIUD IV nil PllVAC'r ACT AND lHl PAPaWOU:
UDUCTlON ACT
1ht toIiCiWton of penoNl infonnIlion In th.. form .. IUIlhorized by Iht CornrnunialiOM N:J 01
1934. .1ft'lIftded. The CafrIM_ion wUI l,IItlht InfonNtkJn pnwldld In th.. fofrn to dMnnlne
., the fflncn.. IUIhoritY IhouIcf be auIhorind 10 ....._ cable..... In ructllnl Nt
dltermiNlion. eM' for ..... ...It..._.._..l putpOMS, . NY bIcomt ......ry 10 'I'ftf pMClNl
WonnatkJn con&INd In it.. form 110 IftClChef ......jl~......III"'Y. A1llnfonn11iOn pnwldtd WI th"
torm wUl be MIAabIt for publiC 1nIpeClkIn. Vour........ -au'" 10 "In .. ....-a
_.
Public ..,oftinl but*n for __Is coIltcllon 01 inIormIdon .. ___ to ~ JO MinIMS.
Ind&ldinllht lime lor ......... lI'lIttuaklN, _rdmI .-1nI ... 1ClUfdS. pthtrinIlftd
.....In..1ht dMa fINded, and compIMinI and IWIirwIfIIIht coI'-:tion of lIIIIormItion. Send
COfI'lIMfltI....inI thll butderI_iInItt or 1nY......., oflhls coItKtlon of lnfonnItiOtl,
lnd&ldinISUll"Clonsfor~.."'burden,IoIht"""CorMtun"*"CornrrliuiClfl, IeCOfds
_......_... DWaion. AMDftItS, Wllhinllon. O. C. 205.54.... 10 the 0fIklt d Mar_ .- ..
atId Iudtft, P'Ipefwofk -.ductlon Proitct CJ06D.05sot. ~an. D. C. 20503.
1HI fOUGOING NOlta . IIQUIUD IY 1MI P'IIVAC'r ACT Of ,,,'" P.L tNn,
DlClMlEI 31, 1I7S, S u.s.c. S2WeX3l AND TMI p.vawoa. UDUCnON ACT Of 1110,
P.L "'511, 0ICIMI.'1, 1110," u.s.c. S507.
1/-'1>
JAN I U ~
Cox Cable San Diego
5159 Federal Boulevard
San Diego, Califomia 921 05-5486
Telephone 619/263--9251
EXHIBIT 6
A Subsidiary of
Cox Communications, Inc,
cmc
Cox Cable
San DIego
Robert McRann
Sr.vice President and General Manager
January 6,1994
Mr. John D. Goss
City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Dear John:
Enclosed is Cox Cable San Diego's FCC Form 393, filed in response to your certification
filings.
Cox believes, in consultation with its legal counsel, that these rates are within the
maximum permissible rates, as defined by the FCC's benchmark formulas issued in April,
1993, and subsequently clarified in later FCC proceedings.
You may recall that Cox voluntarily supplied you with a tentative rate schedule in July of
this year. That schedule reflected projections in a variety of areas including inflation
figures, equipment data and subscriber counts. The enclosed schedule reflects actual data
as of January 1, 1994.
Please feel free to call if you have any questions regarding this filing.
RMc/ks
Enclosure
/1-'1(,
Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0571
Expires 06130196
FCC 393 - PART I
REQUEST FOR CABLE RATE APPROVAL
COVER SHEET
Community Un~ Identification Code IDate
CA0329,CA0419,CA0337,CA0421 9/1/93
Name of Cable Operator
Cox Cable San Diego
Mailing Address
6169 F_ral Boulevard
City I~e I~IP Code
San Diego CA 92106-6486
Person to contact regarding this fonn:
Dale Thompson
Telephone I:ax Number
619-266-6410 . 619-~65
Local Franchising Authority
460.UPGRADE
Mailing Address
CHULA VISTA,NATIONAL CTY SANTEE,IMPERlAL BEACH
City I~late I~IP Code
San Diego CA 92123
This form Is being filed with respect to: (check one)
o _Ic rata regulallon or 0 cable programming ..rvlca
rata regulation
If this fonn is being filed In response to a complaint about your cable programming
service rates, please attach a copy of the complaint to this cover shoe!.
The following aectlons are to be completad altar you have filled out the
worksheets In PARTS II and mand calculetad your actual and permitted retea.
FOR BASIC SERVICE TIER AND EQUIPMENT
pmaram .Sarvlce Rate
(1) Number of channels on basic servlos tier. 18
(2) Cumant rate for basic service tier. $7.91
(do not include anv franchise fees)
(3) Maximum pennilled per channel rala: SO.44
. (from Line 600 Part II)
(4) Maximum pennilled rate for basic service tier. $7.92
"exclusive of anv franchise feel (muttlolv (1) bv 13\ above)
Note: If your cumant rate for the basic servlos tier (entJy 2) exceeds the maximum
pennilled rate for that tier (entry 4), you must aubm~ a cost.of-aervlos showing or
your basic ..rvlos rate will be reduced to the maximum pennilled level shown in entry 4.
Franchise fees have baan excluded from this analysis In order to compare your monthly
rate for the basic servlos tier to the maximum pannilled level. Whether you ~mlze
them or not, any franchise fees you pay for the basic servlos ller should be edded to
your monthly rate as part of the service when billing your subscribers. See 47 C.F.R.
Section 76.985.
FCC 393 (Page 3)
August 1993
/1''/7
FCC 393, Part I, Page 2
EQUIPMENT AND INSTALLATION RATES
Note: Your equipmenl and inslallation rates for the basic selVlce tier musl not be
included in your program selVice rate for thallier, but rather musl be completely
unbundled. In addition, Ihose equipment and installalion rates musl not exceed your
actual costs, including a reasonable profit. The method for unbundling your equipmenl
and installation rates from the basic service programming rate, and for determining your
permitted equipment and Installation rates, is prescrtbed in Part II (unbundling) and
Part III (rate-satting) of this form. Enter in tha spaces below the rate figures you
have calculated in Part III of this form. Your actual basic selVlce equipment and
Installation charges may not exceed these rates, although they may be lower.
(1) Charges for basic selVice installations' (from
Lines 6 or 7 of E ui menl and Installation Wort<sheet
(a) Hourly rale: OR
(b) Averaga Installallon charges:
(1) Installation of unwired homes
(2) Installation of prewlred homes
(3) Inslallation of additional connection
at lime of in~lallnslallation
(4) Installallon of add~lonal connections
ulrin se Irate installation
(5) Othar Installalions (specify):
Item 1. MOVE OUTLET
Item 2. CONVERTER PICK UP
Item 3. MOVE OUTLET AFTER INST.
Item 4.
(2) Charge for changing liers (Wany) (from Line 29,
30 or 31 of E ui ment and Installalion Wort<sheel
(3) Monthly charge for lease of remote conlrols (from
Line 14 in E ul menl and Installallon Wort<sheet
Remote control type 1:
Remote control type 2:
Remote control type 3:
(4) Monthly charge for lease of converter boxes (from
Line 21 in E ui ment and Installalion Wort<sheel
Converter box type 1:
Converter box type 2:
Converter box type 3:
(5) Monlhly charge for lease of other equlpmenl (from
Line 28 In E ui menl and Installation Wort<sheet
Other equipmenl (specify):
Other equipment (specify):
$42.33 $42.33
$21.17 $21.17
$27.62 $27.52
$31.75 $31.75
$27.52 $27.62
$10.58 $10.60
$31.75 $31.75
$1.99
. If you have further charges for additional connactions beyond those IllfIecIed in
your installation charge, attach a sheel explaining your calculations and selling forth
those additional charges. SEE Note 10 Equipmenl and Installallon Wort<sheet Instructions
in Part III of this form.
FCC 393 (Page 4)
Augusl1993
/ I-If j/
FCC 393, Part I, Page 3
FOR CABLE PROGRAMMING SERVICE RATES AND EQUIPMENT
Program Slrvlce Rates
Note: If you have more than II1ree cable prognImmlng _ tie.., lltIach additionalah_
with 1110 following Infonnetion for each tier end provide brief tiescrlplion of 1110 tier.
Tllr2 Tllr3 Tllr4
(1) Number of channela on
ceble oroorammlno service tier: 33
(2) Current rate for cable
programming service tier: $14.51
ido not Includa anu franchise fees'
(3) Maximum penmilled per channel rate: $0.44
(from Line 600 on Worksheet 6, Part 11\
(4) Maximum penmilled rate for cable
programming service tier (exclusive of
any franchise feea): $14.51
(mullin'" II' bu 13,'above'
NOTE: K your Clment rete for cable prognImmlng seMcas (entry 2) _1110 maximum
pennltled I'IlO (entry 4), you must submlle cost-or_ showing or your cable prognImmlng
sorvtce I'IlO will be reduced to 1110 maximum pennItled level_In entry 4.
Franchlso lees have been excluded from II1la onaIysia In order to """"",re your monthly I'IlO for
cable programming services to the maximum permitted level. Whether you Itemize them or not,
eny frenchlso lees you PlY for cable progremming seMcas should be added to your monthly
rete es perl of 1110 servlce charge when billing your subecribero. See C.F.R. Section 76.965.
Equipmant and Installation Rates
Note: K equipment used for cable programming _Ia elso used to recaive 1110 besIc tier,
II10n K muat be Included In boslc sorvtce equipment Similarly, Ken Installetion InvoMng
cable programming servtcea also involves the blaIe service tier. tt mult be Included in basic
sorvtce Instllllotiona. we antlclpete that virtually all equipment and Ins1allations will
InYOlve 1110 basic servlce tier and Ihere w11ll11ua be no need to compIeIe II1la part of 1110 cover
sheet. However, K you lease equipment and/or provide eome Install_ SOIYice lI1al
InYcIves ONLY your cable prognImming seMcas, you should complala 1110 following seclion.
As for besIc servlce, your equipment and Ins1aIlation retes for cable programming _ must
not be Included In your program _ rete. but rathar must be completaIy unbundled. In
addition, Ihose equipment and Installation retes must not exceed your actual costs, Including a
raasonable profit. The method for unbundling your equipment and InstaIlelion retes from cable
programming servlce rates, end for _nlng your pennilted equipment and Installation rates,
Is prascrIbed In Part II (unbundling) and Part III (rafe.setllng) of IhIs form. Enter In 1110
opacea beiow 1110 rata figures you have cslculetad In Part III of II1Is form. Your actual cable
programming sorvtce equipment and Inatallotion charges may not exceed Ihese rates, allhough
Ihey may be lower.
(1) Charge(s) for cable programming service
installations. (from Lines 6 or 7 of Equipmant
and Installation Wor1<sheet
a Hou rate OR
Avera Installation cha es:
1. Installation of unwinod homas
2. Installation of rewinod homas
3. Installation of additional connection
at time of initial installation
4. Installation of eddllional connections
uirin 18 arate installation
5. Other installations s
Item 1. MOVE OUTLET
Item 2. CONVERTER PICK UP
Item 3. MOVE OUTLET AFTER INST.
ttem4.
(2) Charge for changing tiera (Wany) (From Line 29,
30 or 31 of E ui mant and Installation Worksheet
* tf you have further charges for .:tditional connections beyond thoM reflected In your
Installstlon charge, alIach a sheal axpIelnlng your cslculalions end salting forIh Ihose
additional charges. SEE Nota to Equipment and Installotion Worksheellnatructlons.
FCC 393 (Page 5)
August 1993
1/-0/9
FCC 393, Part I, Page 4
(3) Monthly charge for lease of remote controls (from
Line 14 in E ui nt and Installation Worl<sheet
Remote control type 1:
Remote control type 2:
Remote control type 3:
(4) Monthly charge for lease of converter boxes (from
Una 21 in E ui ent and Installation Worl<sheet
Converter box type 1:
Converter box type 2:
Converter box type 3:
(5) Monthly charge for lease of other equipment (from
Line 28 in E ui ment and Installation Worl<sheet
Other equipmenl (specify):
Other equipment (specify):
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE
AND/OR IMPRISONMENT (U.S. CODE TITLE 18, SECTION 1001), AND/OR
FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).
I certify that the statements made In this fonn are true and comsct to the best
of my knowledge and belial, and are made In good faith.
Name of Cable Operator
Cox Cable San Diego
Date
8/1/93
<l-Z
Tolle
VICE PRESIDENT FINANCE AND ADMIN.
FCC 393 (Page 6)
August 1993
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cable Operator Name: Community Un" 10 (CUID): CAD32t,CA041t,CA0337,CAOG1
Cox C.ble San Diego Date: tl1193
Franchi.. Authority: Thlslcnn is being iliad lor (check ona):
.so.uPGRADE o Basic ller o COble Plogramming Sarvice
FCC FORM 393 - PART III
WORKSHEET FOR CALCULATING EQUIPMENT AND INSTALLATION CHARGES
LINE 1. AnnUIII cost of maintenance and instaliation of cable facilities end services
I (exclude ourcha.. ccst 01"'- ..uloment\ lBox 1 01 SCheduia A + Box 2 01 SCheduia B\ $4.688.408
LINE 2. Customer equipment and Installation pen:en!age (atIaCh explanation) 100%
LINE 3. Annual customer eqUipment maintenance end install8t1on costa. excluding cost of
leaaad ..uloment IUne 1 x Line 2\ . $4.688.'08
LINE.. TollII iabor houra lor maintenance and Installation 01 customer equipment
and _ latIaCh exolanation\ 110.275
LINE 5. Hourly _ charge (HSC) ( Une 3/ line' ) $42.33
STEP A. Hourly Sotv~ Charge
STEP B. '.-IlalIon Charge
LINE 8. UnilDlTn HSC lor all installa1lona (insert amount from line 5)
OR
LINE 7. Average c:hargelor Installation type
see Schedule 0 for ave installation cha calculations
a. UnwIrad home Installation (Sc:h D. Une 0.2)
$42.33
b. PlllWirad home installallon (Sc:h D. line b.2.)
$21.17
0. Additional connection lnatallallon at time 01 initial Instaiiation (Sc:h D. line 0.2)
$27.52
d. Additional connection Installation requiring aaparata installation (Sc:h D. Une d.2)
$31.75
e. Other Installallona (specify): (Sc:h D. line ..2)
MOVEOunET
$27.52
CONVERTER PICK UP
$10.58
MOVE OunET AFTER INST.
$31.75
Item ..
R_l R_2 _3
LINE 8. Annual capital ccs\S (Column J 01 SChedule C) $228.827
LINE 8. TollII matntena_ houra (atIaCh explanation) 7.537
LINE 10. TollII malntena_ ccst (line 5 x line 8) $318.073
LINE 11. TollIlccstol_(Llne8+LIne 10) $505.700
LINE 12. Number 01 unill In __ (COlumn I 01 SChedule C) ~19.648
LINE 13. UnKCoo1( Une 11/LIne 12) $4.58
LINE 1.. Rota per month (Une 13/12 _s) $0.38
STEP C. Chargol for LoaoacI_ (C8IcuIala Hpa~ for -" Ilgnl1lcanlly
dltlaronttypa and'-" addl1lonall_" -ry)
FCC 383 (Paso 25)
August 1993
J/'~5
FCC 393, Part III, Page 2
Box 1 Box 2 Box 3
LINE 15. Annuel tapital coats (COlumn J of Schedule C) 51,049,843 53,237,498
LINE 18. Total malntenancel1eMce houri (attach explanation) 4,852 13,258
LINE 17. Total main1llnancel_ COlt (Uno 5 x Uno 18) 5188,939 $581,287
LINE 18. Total COItof_box (Uno 15+ Uno 17) 51,248,781 53,798,785
LINE 19. Number of units In service (COlumn I of SChedule C) 91,843 152,073
LINE 20. Unll Cost (Une 18/ Uno 19) 513.58 $24.98
LINE 21. Rata per month ( Une 20 /12 months) 51.13 $2.08
STEP D. ChI'll" lor Loosed eo...u, Box" (Colculoto IOpo_1y Ior_h
Ilgnlftcantly d_ typo Ind _h _1tIon111_ II _Iry)
LINE 22. Annuel capitol cosll (COl. J of Schedule C)
LINE 23. Total malntenlncelllrvlce hours (attach oxplonation)
LINE 24. Total malntenencel1eMce COlli ( Une 5 x Une 23 )
LINE 25. Total cost of equipment Item (Une 22 + Uno 24)
LINE 28. Number of units in service or number of
IUblcrlbors 'Column I of Schedule Cl
LINE 27. Unft Cost (Une 25/ Uno 28)
LINE 29. Rata per month (Une 27/12 montho)
STEP E. ChI'll" lor other LeoHd equipment
LINE 29. Nomine! charge lor changing _.... OR 51.99
LINE 30. Uniform HSC lor changing _.... (Insort lmount from Uno 5) OR
LINE 31. Avg. c:h1'lJO lor changing _.... (Une 5 X Avg. hours \0 change....)
STEP F, ChI_lor Changing Service TIIn or equipment
LINE 32. Annuel cuotomer equipment Ind lnotollotlon COlli (Une 3 + Box 3 of Schedule C) 59,182,375
LINE 33. Adjultrnent of line 32 \0 _III_ _: SIII_.
Attec:h .""'.netion of lId;uotmont method. 51,n8,n4
UNE 34. Monthly equipment Ind lnltellation COlt (LIne 33/12 monthl).
Enter on Worl<oheel3, line 301. 5148,231
STEP G. F..nchlll_ _Iy Equipment end__
CollI"" AdJuatmonl of Ragullted Service
Une 33 ExDlanatlon
Figura adjusted as foIlowI: 9182375*606811313247
_ 80881 . F.-nc:hlll Sublcrtbors Ind 313247' EquIpment Dato_ Base
FCC 393 (Pogo 28)
Augu1l1993
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SCHEDULE D
AVERAGE INSTALLATION CHARGES
Cable Operator Name: Community Unft 10 (CUID): CA0328,CA0418,C
Cox Cable San Diego Date: 9/1/93
Franchise Authority: This fonn is being flied for (chack one):
450.lJPGRADE o Basic TIer o Cable Prog.
a. Unwired Home Installation:
1. Average Hours per Installstlon (attach explanation) 1.00
2. Unwired Home Installation Charge ( line a.l x HSC ) $42.33
b. Prewired Home Installation:
1. Average Hours per Installation (attach explanation) 0.50
2. Prewired Home Installation Charge ( Line b.l x HSC ) $21.17
c. Additional Connection Installation at Time of Initial Installation:
1. Average Hours per Addftlonal Connection (attach explanation) 0.65
2. Addftlonal Connactlon - Inlliallnstallatlon Charge ( line c.l x HSC ) $27.52
d. Addftlonal Connection Installation afier Inftlal Installation:
1. Average Hours per Addftlonal Connection (attach explanation) 0.75
2. Addftlonal Connection - Separate Installation Cherge ( Line d.l x HSC ) $31.75
e. Other Installation (by fiem Type):
Rem 1. MOVE OUTLET
1. Average Hours per Installation (attach explanation) 0.65
2. Item 1 Installation Charge ( Line e.l x HSC ) $27.52
Rem 2. CONVERTER PICK UP
3. Average Hours per Installation (attach explanation) 0.25
4. Item 2 Installation Charge ( Line e.2 x HSC ) $10.58
fiem 3. MOVE OUTLET AFTER INST.
1. Average Hours per Installation (attach explanation) 0.75
2. lIam 3 Installation Charge ( line e.3 x HSC ) $31.75
fiem 4. (Specify)
3. Average Hours per Installation (attach explanation)
4. Item 4 Installation Charge ( Line e.4 x HSC )
NOT For HSC (Hourly Service Charge) use amount from Une 5 of the Worksheet for Calculating
Equipment and Installation Charges, page 25 of FCC Fonn 393.
FCC 393 (Page 32)
August 1993
/r'>~
PUBUC HEARING O-!ECK usr
PUBUC HEARING DATE:
SUBJECT: 4 (: Jo.tL. .1.~_.._
oS / 3-1 CJ ~
, l
~'- -t;A .
LOCATION:
SENT TO STAR NEWS FOR PUBUCATlON -- BY FAX V//; BY HAND ; B~ MAIL
PUBUCATlON DATE l.{/di>/qt{ - -
MAILED NOTICES TO PROPERTY OWNERS
NO. MAILED
PER GC ~54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK <.../ I, ~ I ~
. .
COPIES TO:
Adminisrration (4)
,.../
1//
Planning
Originating Department
Engineering V
Others
City Clerk's Office (2)
...-/
'-1/1 ~/qt/
POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS,
7/93
.55- . / I
J //@
,
,
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
The rates and charges for the cable television Basic Service Tier & associated
equipment & services, as specified in the FCC form 393, filed with the City
by Cox Cable San Diego, Inc., a copy of which is on file in the office of the
City Clerk. At the public hearing the City Council will accept both oral &
written testimony regarding the appropriateness of said rates & charges under
the Rules & Regulations of the Federal Communications Commission.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, May
3, 1994, at 4:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue,
at which time any person desiring to be heard may appear.
DATED: April 15, 1994
Beverly A. Authelet
City Clerk
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CllY Of
CHUlA VISTA
OFFICE OF THE CITY CLERK
TELEFAX COVER IEITER
Te1ecopier No. (619) 425-6184
DATE:
4/1 S-/ct'/-
, I
TO: Star News Lenl / Kim
FAX NO: (619) 426-6346
FROM: O~\ c.oOAft!, ~ n~
SUBJECT: 4 (; Y6- YI ~ -b::,
(o~ I~j
TOTAL NO. PAGES (including cover): ~
PUBUCATION DATE' <j 1.;.0 {. q" ({J~~~ ')
4/ iw q \.{
If all pages are not received, please call Lorna @ (619)691-5041.
//---t3
276 FOURTH AVEICHULA VISTA. CALIFORNIA 91910/(6191691-5041
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04-19-1994 08: 38AM FROM
TO
5855612
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4-20
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jJrna..
NOllCE Of' PUBLIC
HEARlNQ BYlHEalUlA
VISTA CITY COUNCIL
CHULA VItlTA.CAUPOIlIIA
NOTICE IS HEREBY GIVEN
THAT THE CHUUr. VISTA
CITY OOUNOIL wll hold . pu.
bIIc_"lI"__""'''''"
""'!ntr.
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_!!!!or/) PUBLIC HEARING
"oU. BE HELD BY TW& CITY
COUNCR. on T_. ~ "-
,.. 814:00 p.m. 11>'" COtm.
<:II ChambCM'I, P.....k: SeMan
B,=. lI7ll _ A..n....
at lime q per_n dMlr-
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PATED: A~ 15.'894 . ~
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CoJl; Cable San Diego
5159 Federal Boulevard
San Diego, Calitomia 921 05-5.(86
Telephone 61 9/283.9251
A Subsidiary of
Cox Communications. Inc.
~4
cmc
Cox Coble
San Diego
Robert McRann
Sr.Vice President and General Manager
January 6, 1994
Mr. John D. Goss
City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Dear John:
Enclosed is Cox Cable San Diego's FCC Form 393, filed in response to your certification
filings.
Cox believes, in consultation with its legal counsel, that these rates are within the
maximum permissible rates, as defined by the FCC's benchmark formulas issued in April,
1993, and subsequently clarified in later FCC proceedings.
You may recall that Cox voluntarily supplied you with a tentative rate schedule in July of
this year. That schedule reflected projections in a variety of areas including inflation
figures, equip~ent data and subscriber counts. The enclosed schedule reflects actual data
as of January I, 1994.
Please feel free to call if you have any questions regarding this filing.
RMc/ks
Enclosure
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.'
Federal Communic8llons Commission
Washington. D.C. 20554
Approved by OMB
3060-0571
Expires 06130/96
.'
FCC 313 - PART I
REQUEST FOR CABLE RATE APPROVAL
COVER SHEET
Community UnK Idantification Code ID.ta
CA0321.CA0411.CA0337.CA0421 1/1113
Nama of Cable Operator
Cox CIIbla San Dlago
Mailing Address
5151 Federal Boulavard
City \:ta I~IP Coda
San Dlago 12105-6485
Parson to contact regarding this fonn:
Dala Thompson ,
Talephone I~ax Number
511-255-5410 511-255-5555
Local Franchising Authority
450-UPGRADE
Mailing Addres.
CHULA VlSTA.NATIONAL CTY SANTEE.IMPERIAL BEACH
City I:te I~IP Coda
San Dlago 12123
Thl. fonn la baing flied wtth _pact to: (check one)
o basic rata regulation or 0 cabIa programmIng ..rvlea
rata regulation
If this fonn is being filad in response to a complaint about your cable programming
..rvioa ratas, pleasa atlach a copy of the complaint to this cover sheal.
The following _ons ara to ba complated after you haveflllad out the
worka_ In PARTS nand mand calculated your actual and psnn_ _.
FOR BASIC SERVICE TIER AND EQUIPMENT
.
Proaram Sarvlea Rata
(1) Number of channels on basic ..rvice liar: 18
(2) Currant rata for basic ..rvioa liar: $7.11
Ido not inciuda anv franchise feesl
(3) Maximum pannMad par channel rata: $0.44
Ifrom Line 800, Part III
(4) Maximum pannMad rata for basic service liar: $7.12
laxciusiva of anv franchise feel Imulliolv nlbv 131 abovel
Nota: If your currant rata for the basic ..rvice liar (antry 2) axoaeds the maximum
pannMad rata for that liar (antry 4). you must submK a cost.of-sarvice showing or
your basic servioa rata will be reduoed to the maximum pannMad lavel shoWn in a~ 4.
Franchise .. have baan ""eluded from this analysis In _ till compare your monthly
rata for the basic ..rvice liar to the maximum psnnMad lavel. Whether you ltamiza
them or not. any franchise fees you pay for the basic ..rvice liar ahould be added to
your monthly rata as part of the servioa when billing your aubscrlbers. Saa 47 C.F .R.
Sactlon 76.985.
FCC 393 (Page 3)
August 1993
//-(,7
FCC 393, Part I, Page 2
EQUIPMENT AND INSTALLATION RATES
Note: Your equipment and installation rates lor the basic service Iter must not be
included In your program servioe rate lor that Iter, but rather must be completely
unbundled. In addKion,those equipment and Installation rates must not exceed your
actual costs, including a reasonable profit. The method for unbundling your equipment
and Installation rates from the basic service programming rate, and for determining your
permitted equipment and Installation rates, Is prescribed in Part II (unbundling) and
Part III (ra_lIing) of this form. Enter In the spaoes below the rate figures you
have calculated In Part III of this Iorm. Your actual basic service equipment and
installation charges may not exceed these rates, although they may be Iowar.
(1) Charges for basic service installations. (from
Lines 6 or 7 of E ul ment and Installation Worksheel
(a) Hourly rate: OR
(b) Average installation charges:
(1) Installation of unwlrad homes
(2) Installation of prawirad homes
(3) Installation of additional connection
at time of InKial installetion
(4) Installation of addKional connac:tions
uin se arate Installation
(5) Other lns1allations (spaclfy):
ttam 1. MOVE OUTLET
Item 2. CONVERTER PICK UP
Item 3. MOVE OUTLET AFTER INST.
lIem4.
(2) Charge for changing tlera (W any) (from Line 29,
30 or 31 of E u' nt and Installation Worl<sheet
(3) Monthly charge for lease of remota controls (from
Line 14 In E ul ment and Installation Worl<sheel
Remota control type 1:
Remote control type 2:
Remote control type 3:
(4) Monthly charge for lease of converter boxes (from
Line 21 in E ul nt and Installation Worl<sheet
Converter box type 1:
Converter box type 2:
Converter box type 3:
(5) Monthly charge for lease of other equipment (from
Line 28 in E u' nt and Installation Worl<sheet
Other equipment (specify):
Other equipment (specify):
$42.33 $42.33
$21.17 $21.17
$27.52 $27.52
$31.75 $31.75
$27.52 $27.52
$10.58 $10.50
$31.75 $31.75
$1.11
. If you have further charges for additional connections beyond those raftac:ted in
your Installation charge, attach a sheel explaining your calculations and setting forth
those addKlona1 charges. SEE Note to Equipment and lnatallatlon _heel Instruc:tlons
in Part III of this form.
FCC 393 (Page 4)
August 1993
1/- !p!
FCC 393, Plrt I, Page 3
FOR CABLE PROGRAMMING SERVICE RATES AND EQUIPMENT
Program Servlco Roles
Noll: K you hive more than..... coble P"'llromming _ tiell,ltIId1 odditionll sheets
_lhe following I_lor lOCh tier Ind pn>vIde brief description oIlhe tier.
Tier 2 T~r3 Tier 4
(1) Number of chlnneis on
coble oroarlmmlna service tier. 33
(2) Current rale for coble
programming serviol tier. $14.51
ido not include Inv franchise fees'
(3) Mlxlmum pennilted per chlnnel rat~;, $0,44
'Ifrom Une 600 on Worl<sheet 6 Plrt II
(4) MlXimum pennilted rate far coble
programming servios tier (Ixclusive of
Iny franchise fees): $14.51
Imuttiolv 111 bv /3l'lbovel
NOTE: Kyour cunwnt _Iorcoble P"'llrImrnIng _ (entry 2) _lhe _mum
pennitled _ (entry 4), you must 1_ s coot-ol_ _ng or your_ P"'llrommlng
_ _ will be rwduced 10 the msxlmum permItled _ _In entry 4.
FrsncI\lsI_ hove beenlllCduded from 1hls InsIysls In _10 _ your montI1Iy_1or
coble P"'llrIrnmlng _ to the moxlmum permItled _. _you _them or not,
ony fronchlsl_ you pay lor coble P"'llromrnlng oervloes lhouId be _ to your monthly
_IS part or the _dllfge_ billing your_II. 8M C.F.R. Section 78.885.
Equlpmenl Ind lnatlllotion Rotes
Note: K equipment uoed lor _ P"'llrIrnmIng IOIVice is silo uoed 10 _ the bolictier,
1hen tt mult be Inctuded in belie IOIVice equipment SimlllIrIy. W sn 1notII_ involving
_ _romming _ _ _the belie oervioo tier. ttmust be Inctuded In_c
1OIVice1notll1lltionl. We snticlpete that vlrtuslly 011 equipment snd InIlaIIsJionI will
Involve lhe belie oervioo tier ond _ will thUl be no need to COII1IlIOIe this part or the cover
_, However, Wyou _ equipment IndIor pn>vIdetomO inotsl__ _ that
In_ ONLY your coble _ramming _, you should COII1IlIOIe the following _.
As lor _c _. your equipment ond InotsllsJion _lor coble P"'llrommlng _ must
not be Inctuded in your P"'llrom _ _. but rother must be e:<>mpIet8Iy unbundled. In
_, _ equlpnllnt snd 1__ _ musJ not _ your octusI cootI, Including s
_bIe pIOl\l T1Ill method lor unbundling your equipment ond 1_11sJion _from coble
_romming IOIVice rotos, Ind lor _RIng your permItled equipment Ind _lion_.
Is pIISCIibod In Plrt II (unbundling) Ind Plrt III (__ngl 01 this form. E_1n the
_ below the roll figu,," you hove colculsllClln Port III or this form. Your octuIl_
_romming _ equipment ond inotslllltion charges moy not_ theM rolli, Ilthough
they moy be _r.
(1) Chlrge(s) far coble programming service
Installotions' (from Unes 6 or 7 of Equipmenl
Ind Insllllotlon Worl<sheel
I Hou rate OR
b AVlra e Installotion chi es:
1. Installllion of unwlred homes
2. Instlllltion of rewired homes
3. Installltion of Iddltianll conneclion
ot time of Inllilllnstlllltlon
4. Instlllotlon of Iddltianll conneclionl
ulrl se Irate Instlllltion
5. Other Inltlllotionl I
Rem 1. MOVE OUTLET
ttem 2. CONVERTER PICK UP
Rem 3. MOVE OUTLET AFTER INST.
Rem 4.
(2) Chlrge for chlnglng tlero (ff Iny) (From Line 29,
30 or 31 of E ul ment Ind Instlllotion Worl<sheel
. If you have further chIrgn for edditionaI l;x)l.. .Clioo& beyond thole Nfteded In your
_ charge, 1tIId11 _ oxpIsIning your colculltionS Ind oetting forth thole
odditionIl chsrges, SEE Noll 10 Equipment ond 1__ _Instructionl.
FCC 3.3 (Pogo 5)
AugusJ 1193
/j- 69
FCC 393, Part I, paga 4
(3) Monthly charge for lease of remote controls (from
Line 14 in E ul ment and Installation Worksheet
Remote control type 1:
Remote control type 2:
Remote control type 3:
(4) Monthly charge for lease of converter boxes (from
Line 21 In E ul ment and Installation Wor1<sheet
Converter box type 1:
Converter box type 2:
Converter box type 3:
(5) Monthly charge for lease of other equipment (from
Line 28 in E ul nt and Installll1ion Wor1<sheet
Other equipment (specify):
Other equipment (specify):
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE
AND/OR IMPRISONMENT (U.S. CODE TITLE 18, SECTION 1001), AND/OR
FORFEITURE (U.S. CODE, TITLE 47, SECTION 503),
I certify thll1 the statements made In this fonn are true and correct to the best
of my knowledge and belief, and are made In good fallh.
Name of Cable Operator
Cox Cable San Diego
Date
1/1/83
Slgnatu
C'~
~ 2 I .
.~
Tille
VICE PRESIDENT FINANCE AND ADMIN,
FCC 393 (Page 6)
August 1993
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C_ Operotor N.me: community Unn 10 (CUID): CA03zt,CAo.l1,CA0337,CAo.Zl
Cox C.bl. SIn Diego OIte: tl1113
Franchilt Authority: Thlllonn is being IiItd for (_ one):
..o.uPGRADE o IlIllc Tier o CII>le Programming_
FCC FORM 393 - PART III
WORKSHEET FOR CALCULATING EQUIPMENT AND INSTALLATION CHARGES
LINE 1. Annual cost of maintenllnce and inlmllation of cable facilities and aervic::es
'exclude N.n:hISe _ of customer ooulnmont) (Box 1 '" SchecIute A + Box 2 of SchecIule B' $4,581,408
LINE 2. Customer oqulpmont.nd InstlItetion peroentage (1tbIcI1 expllnItion) 100%
LINE 3. AnnUli customer oqulpment mlintenonos Ind lnstlllllion costs, excluding _ of
_ ooulomonl fLlne 1 x LInt 2' $4.588.408
LINE 4. TotallllbOr houri for molntenonos .nd'_ ofCUI_oquipmenl
.nd setvlot flllllch _.notion) 110,275
LINE 5. Hourly _ chIIVt (HSC) ( LInt 3 / LIne 4 ) $42,33
BTEP A. Hourly llttvlce Chlrge
STEP B. __ Chlrge
LINE 8. Unllonn HSC for .11 1nstl11IItion1 (Insert .mount from LIne 5)
OR
LINE 7. Average chlrge for Inllllllltion type
see SchecIule 0 for I installation ch8 calculations
.. Unwlnld home inslllllltion (Soh 0, LIne ..2)
$42,33
b. PllWinld home Inlllliltion (Soh 0, LIne b.2.)
521.17
C. Additionll oon.-on 1_1tetion It time of 1nItlI11_II0ti0n (Soh 0, LIne c.2)
527.52
d. Addltionli oon.-onlnsllliltion requlrtng _rote Inllllllltion (Soh 0, Lint d.2)
531.75
.. Other 1..llli1tionl (specify): (Soh 0, Line ..2)
MOVE OUTLET
527.52
CONVERTER PICK UP
510.58
MOVE OUTLET AFTER INST.
531.75
Item 4.
Remote 1 Remote 2 Remote 3
LINE 8. AnnUli copllll costs (COlumn J "'_10 C) 5228,827
LINE I. TataI melntenl_ houn (1tbIcI1 expIInItion) 7,537
LINE 10. Total me_ _ (LIne 5 x LIne I) 1311,073
LINE 11. Total_0I_(LlntB+LlntI0) $545,700
LINE 12. Number '" uniIIln _ (Column I 01 SchecIuIo C) 111,_
LINE 13. UnIlCOli (LIne II/LInt 12) $4.58
LINE 14. RIte per month (LInt 13/12 Months) 50.38
STEP C. Chlrgee for lIUtd R_ (COle,,'" ~ for NCh .lgnl1lcontly
_rant type .nd _ch _1tI....1._ U -ry)
FCC 393 (Poge 25)
AugUII 1993
//-75
FCC 393, Part III, Page 2
Box 1 Box 2 Box 3
LINE 15. Annual capital COlts (Column J of SChedule C) $1,049,843 $3,237,498
LINE 18. Total maintenanceJaaNic:e hours (attach axpIanation) 4,852 13,258
LINE 17. Total malntenanceJaaNice COIl (Una 5 x line 18) $198,939 $581,287
LINE 18. Total COIl 01 con_box (Line 15+ line 17) $1,248,781 $3,798,785
LINE 19. Nu_ofunits In oaMca (Column I 01 SChedute C) 91,843 152,073
LINE 20. Unit Cool (line 18/ line 19) $13.58 $24.98
LINE 21. Rata por month (line 20 / 12 montI1s) $1.13 $2.08
STEP D. Cha'll" for Laaoad con_ Box" ICalculllla Itpa_1y for Itch
algnlncan1ly dl1lerant typo and _ell addltlonal._ u n..-a'Y)
LINE 22. Annual capital COlts (Cel. J 01 SChedule C)
LINE 23. Total malntenanceJaaNice hours (attach axpIanation)
LINE 24. Total malntanancaloaMca COlts ( Une 5 x line 23 )
LINE 25. Total COIl of equipment Item (line 22 + line 24)
LINE 26. Number of units In aervice or number of
IUbocrlbof> 'Column 1 of SChedule C'
LINE 27. Unn COOl ( Une 25 / Une 28 )
LINE 28. Rata per month (Une 27 /12 month.)
STEP E. __ for Dlhar Leuad Equlpman1
LINE 29. Nominal charge lor changing oaMcallero DR $1.99
LINE 30. Uniform HSC lor changing oaMcallero (1_ amount 110m Une 5) DR
LINE 31. Avg. charge lor changing oaMcallero (line 5 X Avg. hourslDchangellero)
STEP F, C~ for Changing Sarvlca ~ .. EquIpment
LINE 32. Annual customer equipment and InIlaIlation COllI (LIne 3 + Box 3 of SChedule C) $9,182,375
LINE ~~~~j_ of Une 3210 lranchiae area _: See 1_.
Attach anation 01 adiUltment method. $1779,774
LINE 34. Monthly equipment and inItallation COIl (LIne 33/12 montI1s).
En* on _heel 3, line 301. $148,231
STEP G. F__ _Iy Equlpmantand__
~ for Ad)uamMnt of Rogu_ Sarvlca
Line 33 ExoIaMtion
Figura adjulllad a.loIlowI: 9182375_11313247
_ 80881 . Franchila _ and 313247' EquipmenI DIIla __ Baae
FCC 393 (Page 28)
AugUll1993
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SCHEDULE D
AVERAGE INSTALLATION CHARGES
Cable Operator Name: Community Un~ ID (CUlD): CA0328,CA0418,C
Cox Cabla San Dlago Date: 8/1/83
Franchise Authority: This form is being filed for (check ona):
450-UPGRADE o Basic T1ar o Cable Prog.
a. Unwired Home Installalion:
1. Averaga Hours per Installation (attach explanation) 1.00
2. Unwired Home Installation Charge ( Una a.1 x HSC ) $42.33
b. Prewlred Home Installation: ,
1. Average Hours per Installalion (atilach explanation) 0.50
2. Prewlred Home Installation Charge ( Une b.1 x HSC ) $21.17
c. Add~lonal Connaction Inslallalion at Time of In~iallnslallatlon:
1. Average Hours per Add~lonal Connaction (attach explanalion) 0.65
2. Additional Connection - InMiallnstallation Charge ( Una c.1 x HSC ) $27.52
d. AddMlonal Connection Installation after Inltiallnstallalion:
1. Average Hours per Add~lonal Connaction (otiach explanalion) 0.75
2. Add~nal Connection - Separata Installation Charga ( Line d.1 x HSC ) $31.75
e. Other Installation (by Item Type):
Item 1. MOVE OUTLET
1. Average Hours per Installallon (attach explanation) 0.65
2. ttem 1 Installallon Charga ( Lina e.1 x HSC ) $27.52
ttem 2. CONVERTER PICK UP
3. Averaga Hours per Installalion (attach explanalion) 0.25
4. Ilem 2 Inslallalion Charge ( Line e.2 x HSC ) $10.58
.
fiem 3. MOVE OUTLET AFTER INST.
1. Averaga Hours per Installalion (attach explanalion) 0.75
2. Ilem 3 Installallon Charge ( Llna e.3 x HSC ) $31.75
Item 4. (Specify)
3. Average Hours per Installation (attach explanation)
4. Item 4 Installation Charge ( Une e.4 x HSC )
NOT For HSC (Hourly ServIce Charge) use amount from Una 5 of the _heal for Calculating
Equlpmanl and Installation Chargas, poga 25 of FCC Form 393.
FCC 393 (Page 32)
August 1993
//-79
Special P~ovisions . General (Cont'd)
9-1 Measurement of Quantities for Unit Price Work Add:
9.1 .1 (;eneral
(p.73) The estimate of the quantities of work to be done and materials to be
furnished are approximate only, being given as a basis for the comparison of
bids, and the City of Chula Vista does not expressly or by implication agree
that the actual amount of work will correspond therewith, but reserves the
right to increase or decrease the amount of any class or portion of the work
or to omit portions of the work that may be deemed necessary or expedient
by the Engineer.
9-3 Pavment
9-3.2 Partial and Final Pavment Add:
(p.76) The Engineer shall, after the completion of the contract make a final estimate
of the amount of work done thereunder and the value of such work, and the
City shall pay the entire sum so found to be due after deducting therefrom all
previous payments, all amounts to be kept and all amounts to be retained
under the provisions of the contract. All prior partial estimates and payments
shall be subject to correction in the final estimate and payment. The final
payment shall not be due and payable until the expiration of 35 days from
date of acceptance of the work bVid\eQltvCQuncp.
It is mutually agreed between the parties to the contract that no certificate.
given or payments made under the contract, except the final certificate of
final payment, shall be conclusive evidence of the performance of the
contract, either wholly .or in part, against any claim of the City, and no
payment shall be construed to be in acceptance of any defective work or
Improper materials.
And the contractor further agrees that the payment of the final amount due
under the contract, and the adjustment and payment for any work done in
accordance with any alterations of the same, shall release the City, City
Council and the engineer from any and all claims or liability on account of
work performed under the contract or any alteration thereof.
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THE CITY OF CHIU VISTA
STAT! 0' ~POItNIA,
COUNTY 0' SAn 01.nn
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L. SWMSOII. DEPUTY PUBLIC WORKS
CTOIIICITY EIIIER .
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2/22/94
City of Chula Vista .
EIlIt. Diviaion
276 Fourth Ave.
Chula Viste, CA 91910
WBILLOC:JJ( C:JOIITRAC:JTIIIG.IIIC:J. .
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P.O. Box 2322 - '~""-'...'N,C OEP7
La Mesa. C;::~1943-23221994 FE9 25 AM 0: 12
EXCAVATlNQ . QRADlNQ · DEMOLmON
.
proJectl Naples St. Channel, Chula Vista
.!!!!!!.
23
Quantities
100'16
Retention on Billings;
Billilllt II
Blllinll 12
Billilllt '3
Billilllt '4
BIllIRll.5
BilliRll '6
Billilllt 17
Item
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Landscape Maintence
Without prejudice to further claims
(?r;.e 1T1O\UtE 1) )
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Price
Total
...
2,954.00
2,954.00
4,161.32
3,373.18
18,080.48
8,172.62
. 924.00
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.HILLOCK CONTRACTING. INC.
LICENSE NO. 572217
P.O. Box 2322
La Mesa, California 91943-2322
579-0700
EXCAVATING . GRADING . DEMOlITION
4/27/94
City of Chula Vista
Eng. Division .
276 Fourth Ave.
Chula Vista, CA 91910
Project: Naples St. Channel, Chula Vista
Rebill of Bill # 7
Billed Retention on Project 2/22/94. This was our Completion date. All Bills submitted to~ City
of Chula Vista have been Changed.
Retention due is 1096 of The Contract Approved to date.
Due on 4/26/94. (35 days after Notice of Completion filed).
Interest will be Charged on Past Due amounts at the rate of 10.0096 per annum.
Without prejudice to further claims.
&~~~?
COUNCIL AGENDA STATEMENT
Item / .).
Meeting Date 5/3/94
SUBMITTED BY:
Resolution I?~ ":J Initiating proceedings for formation of a
Reimbursement District for the conversion of electric utilities associated
with Telegraph Canyon Road - Phase II; and calling a public hearing for
May 17, 1994 at 6:00 p.m. to establish the district
Director of Public 'r>r~~
City Manage(A ~ ~
(4/5ths Vote: Yes_No..xJ
ITEM TITLE:
REVIEWED BY:
In October 1990, by Resolution 15893, the City Council authorized Eastlake Development
Company to construct a portion of Telegraph Canyon Road from east of Paseo Ladera to east
of Apache Drive and further agreed that the costs associated with said construction would be
eligible for Transportation Development Impact Fee (DIP) credit. EastLake Development
Company has requested that the underground conversion costs associated with this project be
DIF eligible. However, these costs have typically not been eligible and City staff recommends
that a Reimbursement District be formed instead.
RECOMMENDATION: That Council approve the resolution to initiate the Reimbursement
District proceedings.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
According to Ordinance 2251 as amended by Ordinance 2289, the final determination of eligible
costs for DIP credit is made by the Director of Public Works. Staff has reviewed fmal costs
associated with Eastlake Development Company's improvements to Telegraph Canyon Road
(phase II) and recommended that the $86,474 (see attached worksheet for cost breakdown)
attributed to utility undergrounding not be eligible for DIP credit for the following reasons:
1. Staff does not support including undergrounding costs in the DIP program. For on-site
facilities, undergrounding is a condition of development. (Chapter 15.32 of the
Municipal Code).
2. Undergrounding costs have not been identified as eligible costs within the Transportation
DIP report.
3. The City has not previously allowed undergrounding costs to be DIF eligible.
/.). ,,)
Page 2, Item 1.2.
Meeting Date 5/3/94
It is recognized that undergrounding of utilities along roadways is beneficial to the owners of
adjacent parcels. In Eastlake's case, however, the offsite street widening and associated
undergrounding was not within or adjacent to any property owned by Eastlake Development
Company (see attached map).
Alternatives
Since undergrounding of off-site utilities is neither a Municipal Code requirement nor typically
a DIP expense, there are two alternatives which area considered appropriate by staff. They are:
1. Form a reimbursement district that would allow for the collection of fees from the
owners adjacent to the undergrounded facility.
2. Do not reimburse Eastlake for the expense of undergrounding electrical facilities on
Telegraph Canyon Road Improvements, Phase II.
Staff recommends that Eastlake be compensated through a reimbursement district since the
property owners who are adjacent to the subject facilities have benefitted and therefore should
shoulder their prorata share of the cost. The adjacent property owner (Baldwin) has been
notified of these proceedings and is not opposed to the formation of the district. However,
Baldwin has objected to paying the City Staff fees involved with creation of the district since
this cost would not have been necessary had Baldwin constructed the facilities. Baldwin
recommends that Eastlake fmance the cost of the district formation (see Attachment C).
Staff recommends that the Staff costs associated with the forming the district be borne by the
district (Baldwin). This is in accordance with Section 15.50.070 of the Chula Vista Municipal
Code which calls for facility costs as well as incidental costs to be repaid by the district.
Reimbursement Districts
Reimbursement districts, as outlined by Chapter 15.50 of the Chula Vista Municipal Code and
Section 66485 of the Subdivision Map Act evolved out of the need to install infrastructure of
a larger capacity than that which is required for a given development. This allows future
improvements to be connected without having to upgrade the capacity of existing
improvements. The properties that develop in the future will reimburse the fund that originally
paid for the larger capacity. In this case, capacity was not increased. However, the
undergrounding was an offsite improvement which benefits the adjacent properties and the
Code allows a reimbursement district to be formed for this sort of offsite improvement. It was
appropriate for EastLake Development Company to perform the undergrounding with the street
improvements to avoid trenching the new pavement in the future.
Staff further recommends that Eastlake Development Company be compensated for their
undergrounding costs with Transportation Development Impact Fee funds (in the form of
credits) and that the City reimburse the Transportation DIP with funds collected through the
proposed Reimbursement District since property owners within the proposed district would
only have to pay when they developed their land, which may take years. The burden of timing
I), .~
Page 3, Item loA
Meeting Date 5/3/94
and full reimbursement would be placed on the Transportation DIP rather than on Eastlake
Development Company.
Boundarv
The area of benefit is that area comprised of those properties with existing overhead utilities
that were adjacent to the improvements of Telegraph Canyon Road (phase II), located
approximately 600 feet east of Pas eo Ladera to approximately 1,000 feet east of Apache Drive
as shown on the area of benefit diagram. These properties have benefitted by not having to
underground electric utilities upon further development.
Chapter 15.32 of the Municipal Code requires the undergrounding of existing utilities as a
condition of development. The existing utilities within the right-of-way on this project were
mainly on the south side of Telegraph Canyon Road. Baldwin Development Company owns
this property and will be the sole property owner to reimburse the district.
Costs
The method used to spread the cost was based on the requirements as given in Section
15.32.020 of the Municipal Code. The individual assessments are proportional to the lineal
footage of existing overhead utilities on that half of the right-of-way contiguous to the parcel
boundary. These costs would have been paid in conjunction with development (estimated to
begin in 3 or 4 years) and if the district is formed, it will be conditioned upon annexation and
development so that the developer will pay their fair share.
The total cost attributed to the utility undergrounding and estimated staff costs for the
formation of the district (given below) will be spread among the benefitted properties as
follows:
Underground Utility Cost
Estimated Staff Formation Cost
Total Cost
$86,474 (See Attachment A for cost breakdown)
5.000 ($4,120 spent to date)
$91,474
642-050-14
642-050-24
642-040-07
% Share of Cost
31%
40%
29%
Estimated
Reimbursement
ProDertv Owner
Baldwin Development Co.
Baldwin Development Co.
Baldwin Development Co.
Assessor Parcel No.
$28,357
36,590
26.527
Total Reimbursed
100%
$91,474
The reimbursement shall be subject to an annual seven percent interest charge as provided in
Section 15.50.090, six percent of which shall be payable to the Transportation DIP for the
advancement of funds and one percent shall be payable to the City general fund to cover
/;).'3
Page 4, Item /;J.
Meeting Date 5/3/94
administrative costs in the handling and collection of such funds. The reimbursement is to be
collected when the benefitted parcels subdivide or apply for building permits. The interest
shall be calculated on a quarterly basis and shall include the total number of full quarters from
the date of commencement up to but not including the quarter in which payment of such
charges are paid. The date of commencement shall be the date the district is established,
tentatively May 17, 1994.
Future Action
1. Although not a statutory requirement, conduct property owner meeting.
2. Notice
a. Publish a notice of hearing pursuant to Municipal Code 15.50.080.
b. Mail notice of public hearing.
3. Conduct public hearing.
4. City Council shall approve the allocation of cost by a resolution stating ownership, legal
description and amount of charges for each parcel within the district, at which time the
district will be considered formed.
5. City Clerk shall record a copy of the resolution with the County Recorder.
6. The reimbursement will be collected when benefited parcels subdivide or apply for
building permits.
FISCAL IMPACT: The Transportation Development Impact Fund would be reduced by an
$86,474 credit to Eastlake initially until the adjacent property owners developed their land.
Should all properties develop, the Transportation DlF will be reimbursed in full with accrued
interest at 6% annually. Cost of forming the district will be reimbursed by the district and the
cost of administering the district will be covered by a 1 % annual interest charge.
In the long run there will be no negative impact to the Transportation DlF since the "loan" (in
the form of credits to Eastlake) will be repaid prior to approval of a fmal subdivision map of
any of the three parcels that comprise the district.
Attachment A - Conversion costs workshert /
Attachment B - Map of benefitted area .;
Attachment C - Letter from Baldwin protesting administrative fees /'
TAlFile: RG-002
WPC F:\H01\.1E\ENGINEER\AGBNDA\FORMDIST.TCE
/ ;. ~l(
RESOLUTION NO.
1?i/?3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA INITIATING PROCEEDINGS FOR FORMA-
TION OF A REIMBURSEMENT DISTRICT FOR THE
CONVERSION OF ELECTRIC UTILITIES ASSOCIATED
WITH TELEGRAPH CANYON ROAD - PHASE II, AND
CALLING A PUBLIC HEARING FOR MAY 17, 1994 AT
6:00 p.m. TO ESTABLISH THE DISTRICT
WHEREAS, in October 1990, by Resolution 15893, the City
Council authorized Eastlake Development Company to construct a
portion of Telegraph Canyon Road from east of Pas eo Ladera to east
of Apache Drive and further agreed that the costs associated with
said construction would be eligible for Transportation Development
Impact Fee (DIF) credit; and
WHEREAS, EastLake Development Company has requested that
the underground conversion costs associated with this project be
DIF eligible; and
WHEREAS, however, these costs have typically not been
eligible and city staff recommends that a Reimbursement District be
formed instead; and
WHEREAS, staff recommends that Eastlake be compensated
through a reimbursement district because the property owners
adjacent to the underground electrical utilities have benefitted
with increased property values and should shoulder their prorata
share of the cost once they develop; and
WHEREAS, staff further recommends that Eastlake
Development Company be compensated for their undergrounding costs
with Transportation Development Impact Fee funds (in the form of
credits) and that the city reimburse the Transportation DIF with
funds collected through the proposed Reimbursement District since
property owners within the proposed district would only have to pay
when they developed their land, which may take years.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby initiate proceedings for forma-
tion of a Reimbursement District for the conversion of electric
utilities associated with Telegraph Canyon Road - Phase II.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista is hereby directed to cause a notice f a public
hearing on May 17, 1994 at 6:00 p.m.
John P. Lippitt,
Public Works
c: \rs\UURD. TCR
Director
of Bruce M.
Attorney
/~'f'
Boogaar
(
Presented by
/
Attachment A
Item Description
DIF
Eligible
1 $125,475
Cass Construction item
#99139, Contract #5234
for underground
electric facilities.
$88,507
2
$3,300
Cass Construction item
#99140, Contract #5234
for pull boxes.
3,300
3
$94,938
SDG&E portion of electric
conversion. W.O.#2263211
for underground & W.O.#
2263210 for overhead removal
4
$500
Portion of W.O.#2263211 on
private property based on
lineal footage of entire W.O.
553
5
$1,922.77
Refund on W.O.# 2263211.
6
$7,567.51
Refund on W.O.# 2263210.
7
$35,389 35,389
SDG&E refund to developer
per Rule 20.b. Accounted for
in Assessment District 91-1
Reimbursement
Eligible
$36,968
94,938
(553)
(1,923)
(7,567)
(35,389)
Totals
$127,749
$86,474
Summary:
$127,749
$ 86.474
$214,223
Transportation DIF eligible
To be reimbursed to TDIF by district
Total TDIF credit to Eastlake
j). -"
-
A1TAt-tf\"\EWT 'i3
MAP OF BENEFITED AREA
UTILITY UNDERGROUNDING REIMBURSEMENT DISTRICT
TELEGRAPH CANYON ROAD, PHASE 2 I~PROVE~ENTS
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BALDWIN DEVELOPMENT CO.
642 - 040 - 07
BOUNDARY OF BENEFITED AREAS.
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BALDWIN DEVE LOPMENT CO.
642 - 050 - 24
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BALDWIN DEVELOPMENT CO.
642 - 050 - 14
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BOUNDARY OF BENEFITED AREAS--
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The Baldwin Company
Craftsmanship in building since 1956
March 30, 1994
Mr. Tom Adler
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Reimbursement District for Undergrounding of Utilities Within Telegraph
Canyon Road
Dear Tom:
Pursuant to your request, 1 have reviewed the draft report that deals with the potential
formation of a reimbursement district to reimburse the EastLake Development Company
for costs incurred in undergrounding utilities that were situated on The Baldwin
Company's property.
I have determined that The Baldwin Company would have had to underground the
utilities identified in the report in conjunction with the first phase of the Otay Ranch
development. Additionally, I found the cost associated with undergrounding the utilities
to be reasonable and that the relocation will not create any conflicts or duplication of
effort for us in the future when we develop the Ranch. Given the above considerations,
The Baldwin Company is not opposed to the formation of the reimbursement district.
However, the report states that The Baldwin Company should be responsible for the
$4,000 administrative fees associated with the formation of the district. We object to
bearing this cost because, the utilities were relocated without our input, we have no need
or desire to have the utilities undergrounded at this time, and we receive no benefit from
the utilities being undergrounded prior to the development of our project.
Had the Baldwin Company undergrounded the utilities in the future based on our needs,
there would be no need for the District. The burden of the District's formation should be
shouldered by the EastLake Company since they are the only party deriving benefit from
the formation of the district at this time.
Sincerely,
7ko~
Tim O'Grady /
Vice President
/.2."9'
11975 El Camino Real. Suite 200 . San Diego, CA 92130 . (619) 259.2900
COUNCIL AGENDA STATEMENT
Item
IJ
Meeting Date 5/3/94
ITEM TITLE: 1'1 Ordinance .l.r'~Amending Section 17.10.100 to Permit Payment of
Required Park Fees 60 Days after Map Approval but Before Map
Recordation and Amending Section 18.16.100 to Clarify Language
Allowing Bonds to be Provided after Map Approval.
8. Resolution 17~7~enaming tbat Portion of Gotbam Street Witbin tbe
Boundaries of tbe Telegraph Canyon Estates Subdivision to Chateau
Court.
C . Resolution 17r~ding Certain Conditions of Resolution No. 16960
Approving tbe Tentative Subdivision Map for Chula Vista Tract 93-03,
Telegraph Canyon Estates.
D. Resolution 1?'1'?&ending tbe Supplemental Subdivision Improvement
Agreement Approved by Resolution 17279 Requiring Developer to
Comply witb Certain Unfulfilled Conditions of Resolution No. 16960
Approving a Tentative Subdivision Map for Telegraph Canyon Estates,
and Autborizing tbe Mayor to Execute Same.
E. Resolution 177'~?proving Final Map and Subdivision Improvement
Agreement for Chula Vista Tract 93-03, Telegraph Canyon Estates
Neighborhood 1 Unit 2.
SUBMITTED BY:
Director of Public Worh~~ ~
Director of Planning -g,z:
Director of Community DevelorYent~
Director of Parks and Recreati~
City Mana~ ~~ (4/5ths Vote: Yes_NoX)
REVIEWED BY:
On January 19, 1993, by Resolution 16960, the City Council approved the Tentative Subdivision
Map for Chula Vista Tract 93-03, Telegraph Canyon Estates. The fourth fInal map for said
tentative map is now before Council for approval. The developer has requested tbat payment
of Park Acquisition and Development (PAD) fees be deferred until after map approval. The
proposed municipal code amendment would allow tbis alternative.
RECOMMENDATION: That Council place tbe ordinance on fIrst reading amending Sections
17.10.100 and 18.16.100 of tbe Municipal Code to allow park fees to be paid witbin 60 days
after Council approval of tbe Final Map; and approve tbe resolutions to rename Gotbam Street
JJ- / a 0.., AJ-- : te, ?Jl79
t.of!-.?I'
Page 2, Item 1.1
Meeting Date 5/3/94
to Chateau Court; amend certain conditions of approval; amend the supplemental subdivision
agreement approved by Resolution 17279; and approve the final map for Telegraph Canyon
Estates Neighborhood 1 Unit 2.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Currently the Municipal Code allows bonds for a subdivision's public improvements to be
submitted within 60 days after final map approval. If the developer chooses this option, the City
will retain the final map (thus not allowing recordation by County Recorder) until receipt of the
bonds. If bonds are not received within 60 days, the map approval by the City Council is
automatically rescinded. This action will provide a similar process for payment of Park Fees
(PAD).
The fees required at the time of map approval are the PAD fee, Telegraph Canyon Drainage fee
and Spring Valley Sanitation District connection fee. All other impact fees are collected at the
time of issuance of building permits. The fees will continue to be requested prior to map
approval. However, the proposed code amendment would allow payment of these fees up to 60
days after map approval. Deferral of payment up to the maximum time would not significantly
impact funding for, or provision of, required facilities for the development since the fees would
be collected within 0 to 60 days after map approval. This action could significantly enhance the
developer's financing abilities while still protecting the City.
Should the developer fail to pay the required park fees and/or provide the required bonds within
the prescribed time, Council's approval of the final map would automatically be nullified and
re-approval would be required prior to recordation of the final map.
The Telegraph Canyon Estates development is located on the northerly side of Otay Lakes Road
and adjacent to the western side of the proposed alignment for State Route 125. The
development consists of 112.4 acres which are proposed to be subdivided into 344 residential
lots and open space lots. The first phase of development consisted of three final maps which
were approved by Council on October 19, 1993 (Resolutions 17280, 17281, and 17282). The
first final map of the second phase, Neighborhood 1 Unit 2, is now before Council and consists
of 39 numbered single family lots totalling approximately 7.7 acres.
When the first phase final maps for this development were approved, a public hearing was held
to discuss the extension of Gotham Street into Telegraph Canyon Estates. As a result of the
hearing, Council directed that Gotham Street not be connected to Telegraph Canyon Estates and
that the proposed extension end in a cul-de-sac on site. In light of this decision, the Developer
has requested that this portion of Gotham Street be renamed to Chateau Court. The proposed
name is included on the list of approved street names for the subdivision and conforms to the
City street name standards. This change requires Council action because the street was shown
as Gotham Street on the approved tentative subdivision map. Staff supports the proposed name
change.
IJ',)..
Page 3, Item ) J
Meeting Date 5/3/94
At the time the first final map of this development was approved, Council also adopted
Resolution 17278 amending the original conditions of approval of the tentative map. Certain
conditions were amended to defer compliance until approval of a later fInal map of the
development. The supplemental subdivision agreement for the fIrst phase of development (Reso.
No. 17279) outlined the terms and conditions for the developer to satisfy the amended
conditions. The developer is now requesting that Council further amend Conditions of Approval
Nos. 61, 62, and 68 to defer compliance until approval of subsequent maps. Amending the
conditions requires that the original supplemental subdivision agreement also be amended to
correspond to the amended conditions.
Condition No. 61, as originally amended, requires the developer to enter into an agreement to
dedicate and record in first priority positions a minimum of 0.9 acres of wetlands on the Otay
Ranch property prior to approval of the fourth final map. It had been anticipated that the grant
of easement and subordination agreement would be completed prior to presenting the fourth final
map for Council approval. The grant of easement has been prepared and recorded. However,
because the property on which the easement is located serves as collateral for loans secured for
the purchase of the Otay Ranch the subordination agreement must be executed by a number of
different entities and individuals. The execution process has taken considerably more time than
anticipated.
Staff recommends that Condition No. 61 be further amended to read as follows:
"Enter into an agreement not to apply for Council approval of a fourth or later
Final Map for the Property until Developer has dedicated to the City, by the
recordation of a dedication deed, an easement over a minimum of 0.9 acres
wetlands associated with a large wetlands area on the Otay Ranch property in a
location approved by the director of Planning ("Original Wetlands Easement")
and provided a title policy covering the Original Wetlands Easement. Developer
shall further agree not to apply for Council approval of the fInal map containing
the 232nd lot until Developer has recorded all necessary subordination agreements
to subordinate any deeds of trust encumbering the property on which the Original
Wetlands Easement is located and provided a title policy insuring the priority of
the Original Wetlands Easement."
The original Condition 62 of the approved tentative map for Telegraph Canyon Estates required
the developer to enter into an affordable housing agreement to, as a minimum, grant in fee to
the City not less than three buildable acres in a location and of a character satisfactory to the
City for the purpose of constructing housing for low and moderate income families.
Condition No. 62, as previously amended, requires the developer to enter into an Affordable
Housing Agreement with the City to provide 34.4 affordable housing units within the area
covered by the Fifth Final Map prior to recordation of the Fifth Final Map. Since it is
anticipated that the fIfth fInal map will soon be presented to Council for approval and the
developer and City staff have come to an understanding that the required affordable housing may
be provided partly on-site and partly off-site, Staff recommends that Condition No. 62 be further
amended to read as follows:
I:J ";I
Page 4, Item J J
Meeting Date 5/3/94
"Enter into an agreement to provide seventeen (17) moderate income units within
the boundaries of the development prior to approval of the Final Map containing
the 200th lot and enter into an agreement to provide seventeen (17) low income
units to be provided off site in a location acceptable to the Director of Community
Development prior to approval of the Final Map containing the 201st lot. "
Condition No. 68, as originally amended, requires the Developer to enter into an agreement with
the City to cause, consent to, permit, apply for, and not oppose the planning or replanning and
zoning or rezoning of an off-site parcel(s) as a Community Purpose Facilities (CPF) site prior
to the recordation of the fourth Final Map.
The CPF site is expected to be provided in the first village of the atay Ranch, and the atay
Ranch General Development Plan has been conditioned accordingly. However, the atay Ranch
property has not yet been annexed and therefore the developer is unable to comply with the
condition at this time. The amended condition would require the developer to further reserve
and later replan an appropriate CPF site within the project if an off-site parcel cannot be
guaranteed prior to the approval of the final map containing the 301st lot of the subdivision.
Staff recommends Condition 68 be amended as follows:
"Enter into an agreement with the City prior to approval of the fourth Final Map
to record a covenant ("Covenant") against a parcel comprised of not more than
1.5 acres located within the development that said parcel be restricted for the use
of a Community Purpose Facilities site and to cause, consent to, permit, apply
for, and not oppose the planning or replanning and zoning or rezoning as a
Community Purpose Facilities site prior to approval of the Final Map containing
the 301st lot. Developer shall further agree that if Developer has not caused,
consented to, permitted, applied for or not opposed the planning or replanning
and zoning or rezoning of said site prior to approval of the Final Map containing
the 301st lot, City may require Developer to submit an amendment to the SPA
Plan to create the necessary zoning for such a site within the boundaries of the
property covered by the Covenant. "
The proposed amendments to Condition Nos. 61, 62, and 68 require amending the paragraphs
of the supplemental subdivision agreement pertaining to these conditions (Paragraphs 13, 14 and
15). Staff recommends the supplemental subdivision agreement be amended as shown in the
attached amendment to the supplemental subdivision agreement. All other conditions and terms
of approval and the supplemental subdivision agreement approved by Resolution 17279 shall
remain in full force and effect.
The final map for Neighborhood 1 Unit 2 of Chula Vista Tract 93-03, Telegraph Canyon Estates
has been reviewed by the Public Works Department and found to be in substantial conformance
with the approved tentative map. Approval of the final map constitutes acceptance on behalf of
the public portions of Versailles Road, and Marquis Court, and tree planting and maintenance
easements all as shown on the fmal map.
}')0#1/
Page 5, Item /3
Meeting Date 5/3/94
The developer has executed a Subdivision Improvement Agreement for Neighborhood 1 Unit 2
and an Amendment to the Supplemental Subdivision Improvement Agreement (SSIA), provided
bonds to guarantee construction of the required public improvements (CV drawings 94-01
through 94-20), paid all applicable fees, and has provided a bond to guarantee the
monumentation for said final map.
All applicable fees, except the Park Acquisition and Development (PAD) fees, have been paid
by the developer. PAD fees in the amount of $170,625 are to be paid within 60 days of Council
approval of this fmal map. Should the PAD fees not be paid within the specified time period,
approval of this fmal map shall be rescinded.
A plat is available for Council viewing.
FISCAL IMPACT: None. All Staff costs associated with processing the improvement plans
and final map will be reimbursed from developer deposits. The PAD Fee Fund would lose
interest income on $170,625 for a period of 0 to 60 days.
ATTACHMENTS: Plat of Proposed Subdivision ----
--
Amendment to Supplemental Subdivision Agreement
Subdivision Improvement Agreement v
Copy of Original Supplemental Subdivision Agreement /\/ '7
File: EY-386
M:\HOME\ENOINEBR\AOENDA\tcen1u22.lmc
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CHULA VISTA TRACT NO. 93-03
TELEGRAPH CANYON ESTATES
NEIGHBORHOOD 1 UNIT 2
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HUNSAKER .t ASSOCIATES SAN DIEGO. INC.
VICINITY MAP
MOT 10 SCAI.E
PLANNING - ENGINEERING - SURVEYING
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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",
and BALDWIN BUILDER, a California corporation, 1I975 EI Camino Real, Suite 200, San
Diego, CA 92130.
hereinafter called "Subdivider";
.wIINESSEIH~
WHEREAS, Subdivider is about to present to the City Council of the City of ChuIa Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
Telegraph Canyon Estates, Neighborhood 1, Unit 2 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 ChuIa 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 alternative 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
definite period of time prescribed by said Council, and
-~- 13-7
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. 16960, approved on the 19th
day of January, 1993 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos.94-20 through 94-01 inclusive, on file in the office of the
City Engineer, 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 amount of
Two Hundred Sixty-Seven Thousand Dollars and No Cents ($267,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his 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 and/or land development work required to be done in and adjoining said
subdivision ("Improvement Work"); 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 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.
-2- I 'J.. lr
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, prior 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 raws 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 One Hundred
Thirty-Three Thousand Five Hundred Dollars and No Cents ($133,500.00) 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 One Hundred
Thirty-Three Thousand Five Hundred Dollars and No Cents ($133,500.00) 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 surety, whose sufficiency has been approved by the City in the sum of Four Thousand
Five Hundred Dollars and No Cents ($4,500.00) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "C" and made a part hereof.
9. 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
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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.
10. 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.
11. 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.
12. 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.
13. 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, 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, modifIcation of the velocity of
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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.
14. Subdivider 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.
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
SUBDIVIDER: BALDWIN BUILDERS,
a California Corporation
Mayor of the City of Chula Vista
ATTEST
City Clerk
By: Timothy J. O'Grady
Vice President
^Z~~.fu~
City Attorney
(Attach Notary Acknowledgment)
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LIST OF EXHIBITS ''NO'f SC~D
Exhibit "A"
Improvement Security - Faithful Performance
Form: BOND
Amount: $133,500.00
Exhibit "B"
Improvement Security - Material and Labor:
Form: BOND
Amount: $133,500.00
Exhibit "C"
Improvement Security - Monuments:
Form: BOND
Amount: $4,500.00
Securities approved as to form and amount by
4- th.~
City Attorney
Improvement Completion Date:
THREE (3) YEARS FROM DATE OF COUNCIL
APPROVAL OF THE SUBDIVISION
IMPROVEMENT AGREEMENT
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,
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. )
)
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Devel er )
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1
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
Telegraph Canyon
(Conditions 3, 4, 30, 31, 32, 33, 34,
35, 36, 50, 60, 61, 62, 68, 71 and 73)
This Supplemental \~~diVisio~provement Agreement
("Agreement") is made this - day of ~~ , 1993, by and
between THE CITY OF CHULA VISTA, California ("City" or "Grantee"
for recording purposes only) and Otay Vista Associates, a
California limited partnership ("Developer" or "Grantor"), with
reference to the facts set forth below, which recitals constitute
a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property
located in Chula Vista, California, more particularly described on
Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of a project commonly known as Telegraph
canyon Estates ("Project"). .
B. Developer is the owner of the property.
.e:\subdiv\tcesupp2.wp
November 2, 1993
Supp. SIA for Telegraph Canyon Estates
Page 1
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C. Developer has applied for and the City has approved a
Tentative Subdivision Map commonly referred to as Telegraph Canyon
Estates, Chula vista Tract 93-03 ("Tentative Subdivision Map") for
the subdivision of the Property.
D. The city has adopted Resolution ~o. 16960 ("Resolution")
pursuant to which it has approved the Tentative Subdivision Map
subject to certain conditions as more particularly described in the
Resolution. The description of the conditions in this recital
section of this Agreement is intended only to summarize and
paraphrase such conditions in the Resolution, and is not intended
herein to modify or explain them, and is not intended as a basis
for interpreting them.
E. Condition Nos. 3 and 60 of the Resolution requires
Developer to perform certain mitigation measures to the
satisfaction of the Director of Planning, and to cause
implementation of mitigation measures to be monitored via the
approved Mitigation Monitoring Program.
F. Condition No. 4 of the Resolution requires Developer to
either (a) comply with, remain in compliance with, and implement,
the terms, conditions and provisions of the Telegraph Canyon
Estates General Development Plan, Sectional Planning Area Plan,
Master Plan of Reclaimed Water, Water Conservation Plan, Air
Quality Improvement Plan and the Public Facilities Financing Plan
approved by the Chula Vista city Council (collectively, the
"Telegraph Canyon Plans") which are applicable to the Property
prior to approval of any final subdivision map ("Final Map"), or
(b) enter into an agreement with the City, providing the City with
such security (including recordation of covenants running with the
land) and implementation procedures as the City may require,
assuring that, after approval of all Final Maps, Developer shall
continue to comply with, remain in compliance with, and implement
such Telegraph Canyon Estates Plans.
G. Condition No. 14 of the Resolution requires the Developer
to install transit amenities on both sides of otay Lakes Road at
the project entry or appropriate alternative location as approved
by the City Engineer. Transit amenities include but are not
limited to benches and/or shelters and are subject to approval by
the City Engineer. Developer. was required to pay $5,000 cash
deposit to the City prior to the approval of the first Final Map to
fund transit amenities when required, receipt of which has
occurred. .
H. Condition No. 27 of the Resolution, which was subsequent-
ly amended by Resolution No. 17278, required that, prior the
recording of the final map, the Developer was to enter into an
agreement with City to commit to use of reclaimed water at the
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earliest possible date and to make all reclaimed water use conform
to the applicable regulations of Chula Vista, Regional Water
Quality Control Board and the state Department of Health.
I. [Condition No. 30) City has adopted City-wide growth
management "thresholds", as established by city Resolution No.
13346 ("Thresholds"). These Thresholds establish performance and
"quality of life" standards for a variety of services and impacts
which must be in existence or satisfied by the Project as a
condition to the City permitting the Project to be built. In
addition to the Thresholds, and as a mechanism to insure compliance
therewith, the City has adopted the Eastern Chula Vista
Transportation Phasing Plan ("Phasing Plan"). The Phasing Plan
provides that certain transportation facilities must be in
existence or provided by the Project as a condition to the city
permitting the Project to be built. The Thresholds and the Phasing
Plan establish standards and levels of service for various
identified public facilities and these standards and levels of
service are enforced through the withholding of building permits
when the public facility or resource drops below a specified
threshold. condition No. 30 requires Developer to agree to comply
with the Thresholds and standards created by City Resolution
No. 13346 and the Phasing Plan.
J. Condition No. 31 of the Resolution requires Developer and
city to comply with the requirements of the Eastern Chula vista
Transportation Phasing Plan and Transportation Development Impact
Fee Program.
K. Condition No. 32 of the Resolution requires Developer and
City to enter into an agreement with the city wherein Developer
shall agree to not protest the formation of (i) a maintenance
district for the maintenance of landscaped medians and scenic
corridors along certain streets within and adjacent to the Project;
and (ii) an assessment district for the maintenance of Telegraph
Canyon Flood Control Channel.
L. Condition No. 33 of the Resolution requires the Developer
and City to enter into an agreement wherein Developer agrees to not
protest the formation of and inclusion in a community Facility
District to finance construction of state Route 125.
M. Condition No. 34 of the Resolution 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 attach,
set aside, void or annul any approval by the City with regard to
the Telegraph canyon Estate Subdivision. -
N. Condition No. 35 of the Resolution requires the Developer
to enter into an agreement to hold the City harmless from any
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liability for erosion, siltation or increased flow of drainage
resulting from the Project.
o. Condition No. 36 of the Resolution requires the Developer
to enter into an agreement with the City relating to the provision
of franchise cable television services as more particularly set
forth in Condition No. 36.
P. Condition No. 50 of the Resolution requires the Developer
to submit to the City ~nnual building permit reports, traffic cost
analysis and fiscal impact analysis on the terms set forth in said
Condition No. 50.
Q. Condition No. 61 of the Resolution requires the Developer
to dedicate and record an open space easement on a minimum of .9
acres wetlands associated with a larger wetlands area on the Otay
Ranch property in a location approved by the Director of Planning.
R. Condition No. 62 of the Resolution, which was subsequent-
ly amended by Resolution No. 17278 requires that prior to approval
of a final map by the City Council, the Developer to execute an
affordable housing agreement in a form satisfactory to the City
providing for 34.4 affordable housing units on the area of the
Tentative Map covered by the Later Final Maps, and in accordance
with Condition No. 6 of the Telegraph Canyon Estates GDP and SPA
Plan (Resolution No. 16768) prior to the recordation of any Later
Final Maps for the project.
S. Condition No. 68 of the Resolution, which was subsequent-
ly amended by Resolution No. 17278 requires Developer to enter into
an agreement with the City prior to the recordation of the fourth
Final Map (as defined in the amending Resolution) providing that
Developer will cause, consent to, permit, apply for, and not oppose
the planning or replanning and zoning or rezoning of an off-site
parcel(s) as a Community Purpose Facilities site. Said off-site
parcel (s) shall be satisfactory to the City and of the same
approximate size as that which may have been required on-site, and
must be owned by the Developer, be within the jurisdiction of the
City and otherwise be within the vicinity of the project and
subject to the satisfaction and approval of the Director of
Planning. Otherwise, Developer is to submit a Revised SPA Plan and
Tentative Map which provides for said site within the subdivision.
T. There are certain other unperformed and unfulfilled
conditions of said Tentative Map, such as Condition Nos. 71 and 73.
U. City is willing, on the premises, security, terms and
conditions herein contained to approve the first three 'final maps
for which Developer has applied commonly known as Neighborhood 1,
Unit 1; Neighborhood 2, Unit 1; and Neighborhood 3, Unit 1 ("First
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Three Final Maps") as being in substantial conformance with the
Tentative Subdivision Map for the territory of such First Three
Final Maps.
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. The Burden
touches and concerns the Property. It is the intent of the
parties, and the parties agree, that this covenant shall be binding
upon, and run with, the ownerShip of the land which it burdens.
The Burden of this Agreement shall be released from title, as to an
individual lot or unit within the Project upon the sale of any lot
improved with a residence. If requested by Developer, City shall
execute a quitclaim releasing the Burden of this Agreement from the
title to any such lots. If Developer assigns any portion of the
Property subject to the Burden of this Agreement, Developer shall
have the right to obtain a release of any of Developer's
obligations under this Agreement provided Developer obtains the
prior written consent of the City to any such release. city shall
not withhold its consent to any such request for a release so long
as the assignee demonstrates, to the reasonable satisfaction of the
City, its ability to perform its obligations under this Agreement
as it relates to the portion of the Project which is being acquired
by the assignee.
2. Condition No. 3 and 60 - Mitigation Measures. Developer
shall, at their sole cost and expense, implement all mitigation
measures required by Resolution No. 16960, and in particular,
Section IX, B. and Section VII, Condition No. 60, to the
satisfaction of the city and shall implement or cause to be
implemented, at their sole cost and expense, the Mitigation and
Monitoring Program required by Resolution No. 16960, Section IX. D.
3. Condi tion No. 4 - Compliance with Plans. In satisfaction
of Condition No. 4 of the Resolution, Developer hereby certifies
that Developer is currently in compliance with and agrees to
(a) remain in compliance with, and implement, the terms, conditions
and provisions of the Telegraph canyon Estates Plans prior to
approval of any Final Map, or (b) agrees to provide the City with
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such security (including recordation of covenants running with the
land) and implementation procedures as the City may require,
assuring that, after approval of Final Maps, Developer shall
continue to comply with, remain in compliance with, and implement
such Telegraph Canyon Plans. Developer shall have satisfied its
obligations to comply with the Telegraph Canyon Plans so long as
Developer remains in substantial compliance with the action plan
for implementation of the Telegraph Canyon Plans set forth on
Schedule 3 attached hereto and incorporated herein.
4. Condition No. 14 -- Transit Amenities. Developer shall
install such transit amenities on both sides of otay Lakes Road at
the project entry or appropriate alternative location as approved
by the city Engineer. Transit amenities, as the term is used
herein, shall include, but shall not be limited to, benches and/or
shelters and are subject to approval by the city Engineer. city
acknowledges receipt from the Developer of $5,000 as a cash deposit
to secure Developer's promises in this regard.
5. Condition No. 27 -- Reclaimed Water Use. Developer
hereby agrees to install reclaimed water piping in such locations
as City shall require, and at such times as City shall require same
during the construction of the infrastructure for the Property.
Developer further agrees that it and its successors in interest
shall use reclaimed water at the earliest possible date same is
reasonably available at such price as city shall determine is
reasonable, which shall at a minimum be understood to mean at least
the price of potable water. Developer shall otherwise be comply
with applicable regulations of Chula Vista, Regional Water Quality
Control Board and the state Department of Health as to the purchase
and use of reclaimed water.
Building Permits Not to Issue While
satisfaction of Condition No. 30,
6. Condition No. 30 -
Thresholds Deficient. In
Developer agrees as follows:
6.1 Developer hereby grants to the city the right to
withhold building permits for any dwelling units on the Property at
such time as anyone of the following occur:
6.1.1 Traffic volumes, levels of service, public
utilities and/or services exceed the standards for those adopted
City Thresholds identified on Schedule 1 attached hereto and
incorporated herein; or,
identified
Schedule 2,
6.1.2 Regional development threshold
on East Chula vista Transportation Phasing
attached hereto and incorporated herein.
limits
Plan,
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7. condition No. 31 - Compliance with Eastern Chula Vista
Transportation Phasing Plan and Transportation Development Impact
Fee Program. In satisfaction of Condition No. 31, Developer agrees
that it shall comply with the requirements of the revised Eastern
Chula Vista Transportation Phasing Plan and Transportation
Development Impact Fee Program or as said documents may be revised
based on the conclusions of the H.N.T.B. state Route 125 financing
study.
8. condition No. 32 - No Protest of Maintenance District or
Assessment District. In satisfaction of Condition No. 32 of the
Resolution, Developer and their heirs, assigns, transferees, and
other successors-in-interest, hereby agrees to not protest the
formation of a maintenance district for the maintenance of medians
and scenic corridors along streets within and adjacent to the
Property and to not protest the formation of and inclusion of the
Property in an assessment district for the maintenance of Telegraph
Canyon Flood Control Channel. This agreement to not protest the
inclusion of these public improvements shall not be deemed a waiver
of the right to challenge the amount of any assessment which may be
imposed due to the addition of these new improvements and shall not
interfere with the right of any person to vote in a secret ballot
election.
9. Condition No. 33 - No Protest of Formation of community
Facility District. In satisfaction of Condition No. 33 of the
Resolution, Developer hereby agrees to not protest the formation of
and inclusion of the Property in a community facility district to
finance construction of state Route 125. This agreement to not
protest the inclusion of these public improvements shall not be
deemed a waiver of the right to challenge the amount of any
assessment which may be imposed due to the addition of these new
improvements and shall not interfere with the right of any person
to vote in a secret ballot election.
10. Condition No. 35 - Subdivision Map Indemnity. In
satisfaction of condition No. 35 of the Resolution, the Developer
agrees that, on the condition that city shall promptly notify the
Developer of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense, the
Developer shall defend, indemnify, and hold harmless the city, and
its agents, officers and employees, from any claim, action or
proceeding against the city, or its agents, officers or employees,
to attack, set aside, void or annul any approval by the City,
including approvals by its Planning Commission, city Council, or
any approval by its agents, officers, or employees with. regard to
this Project.
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11. Condition No. 36 - Cable Television Easements. In.
satisfaction of Condition No. 36 of the Resolution, the Developer
agrees to permit all cable television companies franchised by the
City of Chula Vista equal opportunity to place conduit to and
provide cable television service for each lot or unit within the
Project.. Developer further agrees to grant, by license or
easement, and for the benefit of, and to be enforceable by, the
City 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
coordinated with Developer's construction schedule so that it does
not delay or impede Developer's construction schedule and does not
require the trenches to be reopened to accommodate the placement of
such conduits; and (b) any such cable company is and remains in
compliance with, and promises to remain in compliance with, the
terms and conditions of the franchise and with all other rules,
regulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or
may from time to time be, issued by the City of Chula Vista.
Developer hereby conveys to the City of Chula Vista the authority
to enforce said covenant by such remedies as the City determines
appropriate, including revocation of said grant upon a
determination by the City of Chula Vista that they have violated
the conditions of the grant.
12. Condition No. 50 - Submission of Annual Building Permit
and Other Reports. In satisfaction of Condition No. 50, Developer,
and their heirs, assigns, transferees and other successors-in-
interest shall submit to the City Director of Planning annual
building permit reports. The first of such reports shall be
submitted commencing as of February 1, 1994. Subsequent reports
shall be delivered on an annual basis until the last building
permit in the Project has been issued.
13. Condition No. 61 - Wetlands Easement. Developer agrees
that it will not apply for Council approval of a fourth or later
final map to the Property, and City may withhold approval of same
notwithstanding all other conformance with the Tentative Map, until
Developer has dedicated to the City, and same has been recorded in
first priority position, a minimum of .9 acres wetlands associated
with a large wetlands area on the otay Ranch property in a location
approved by the Director of Planning.
14. Condition No. 62 Affordable Rousing Agreement.
Developer agrees that, without permission of the City Council, it
will not apply for Council approval of a fifth or later final map
to the Property until City and Developer have reached an affordable
housing agreement in a form satisfactory to the City providing for
34.4 affordable h.ousing units on the area of the Tentative Map
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covered by the fourth or later final maps, and in accordance with
Condition No. 6 of the Telegraph Canyon Estates GDP and SPA Plan
(Resolution No. 16768).
15. Condition No. 68 zoning for a Community Purpose
Facilities Site. Developer agrees that, if one or more parcels of
property satisfactory to the City and of the same approximate size
as that which may have been required on-site, owned by the
Developer within the jurisdiction of the city and otherwise be
within the vicinity of the Property has not been (re)p1anned and
(re) zoned as a Community Purpose Facilities site at the time
Developer applies for Council approval of a fourth or other final
map for the Property, or if the parties have not reached a
satisfactory agreement for the planning and zoning of such a
parcel, City may withhold approval of same notwithstanding any
other requirement, and Developer shall submit a Revised SPA Plan
and Tentative Map which provides for said site within the
subdivision. City agrees that proximal areas of the Western Parcel
of the otay Ranch Project may provide such an off site parcel if it
meets the other requirements of annexation and ownership by the
Developer at the time of zoning.
16. Compliance with Unfulfilled Conditions. Developer agrees
to comply with all the conditions of the Tentative Subdivision Map
which remain unperformed or unfulfilled at the time of the filing
of the Final Map, including the following conditions nos. 71 and 73
which read as follows:
Condition No. 71. Pay the following fees in
accordance with the city Code and Council
Policy:
a. The Transportation and Public Facilities
Development Impact Fees prior to the issuance of any
building permit;
b. Signal Participation Fees;
c. All applicable sewer fees, including, but
not limited to, sewer connection fees; and
d. The Telegraph Canyon Sewer Basin fee.
Condition No. 73. Comply with Title 24 an~
any other energy conservation ordinances and
policies in effect at the time construction
occurs on the property in conformance with the
Tentative Subdivision Map.
I
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17. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction of
Developer's obligation of Conditions 3, 4, 14, 27, 30., 31, 32, 33,
34, 35, 36, 38, 50, 61, 62, 68, 71 and 73 of the Resolution as it
applies to the territory of the First Three Final Maps for Chu1a
Vista Tract 93-03.
18. Recording.
prepared by either or
of either party.
19. Miscellaneous.
This Agreement, or an abstract hereof
both parties, may be recorded at the option
19.1 Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or permitted by
this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to
whom it is directed, or in lieu thereof, when three (3) business
days have elapsed following deposit in the u.s. mail, certified or
registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this paragraph by
giving written notice of such change to the other party. Facsimile
transmission shall constitute personal delivery.
CITY OF CHULA VISTA
276 Fourth Avenue
Chu1a Vista, CA 92010
Attn: Director of Public Works
Developer:
Otay vista Associates
c/o The Baldwin Company
11975 E1 Camino Real
San Diego, CA 92130
Attn: Project Manager of
Telegraph Canyon Project
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.
19.2 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.
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19.3 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.
19.4 preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting this Agreement.
19.5 Recitals; Exhibits. Any recitals set forth above
are incorporated by reference into this Agreement.
19.6 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.
By:
city of Chula Vista
IN WITNESS WHEREOF, the parties hereto have caused
Agreement to be execute the day and year first hereinabov
forth.
~.
ader, Mayor
Attest:
Clerk
OTAY VISTA ASSOCIATES, a
California limited partnership
By: Sky Vista, a California
corporation, General
Partner
ruce
ey
~ ~~
By: ,
Name: ~:r \
Title: --J\('~ "t::E';;:...\~..rr-
Date:
By:
Name:
Title:
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THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 17 SOUTH, RANGE 1 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
APRIL 17, 1883.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHEASTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT THE-NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION
34, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVENMENT SURVEY APPROVED APRIL 17, 1883; THENCE SOUTH 00047'09" WEST
1071.74 FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING A POINT OF A
NONTANGENT 2970.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 39049'36" EAST; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 047' 21" A DISTANCE OF
92.74 FEET TO THE BEGINNING OF A REVERSE 5067.00 FOOT RADIUS CURVE;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 010
48' 04" A DISTANCE OF 159.28 FEET; THENCE TANGENT TO SAID CURVE SOUTH
60047'16" WEST 976.36 FEET TO THE BEGINNING OF A TANGENT 5067.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 05011'19" A DISTANCE OF 458.86 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 55035' 57" WEST 549.31 FEET TO THE
BEGINNING OF A TANGENT 1933.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24024'
05" A DISTANCE OF 823.23 FEET TO A POINT ON THE WESTERLY BOUNDARY OF
SAID SOUTHWEST QUARTER DISTANT NORTH 00001'06" WEST 94.14 FEET FROM
THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER, ALSO BEING THE POINT
OF TERMINUS OF SAID DESCRIBED LINE.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SOUTHWESTERN COLLEGE ESTATES,
UNIT NO.9, ACCORDING TO THE MAP THEREOF NO. 7742, FILED IN THE
OFnCE OF THE RECORDER OF SAID SAN DIEGO COUNTY: THENCE SOUTHERLY,
BEARING SOUTH 00000'52" EAST ALONG THE EASTERLY LINE OF SAID MAP NO.
7742, AND THE WESTERLY LINE OF SAID SECTION 34, A' DISTANCE OF 165.98
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ~EARING SOUTH
00000'52" EAST ALONG THE EASTERLY LINE OF SAID MAP NO. 7742 AND THE
WESTERLY LINE OF SAID SECTION 34, A DISTANCE OF 284.02 FEET; THENCE
EASTERLY BEARING NORTH 89 0 59' 08" EAST ALONG A PARALLEL LINE TO THE
EAST-WEST CENTERLINE OF SAID SECTION 34, A DISTANCE OF 400.00 FEET;
THENCE NORTHERLY BEARING NORTH 00000'52" WEST ALONG A PARALLEL LINE
TO THE EASTERLY LINE OF SAID MAP NO. 7742 AND THE WESTERLY LINE OF
SAID SECTION 34, A DISTANCE OF 282.74 FEET; THENCE WESTERLY BEARING
NORTH 89049'54" WEST, A DISTANCE OF 400.00 FEET TO THE TRUE POINT OF
BEGJ:NNING.
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SCHEDULE "1"
Growth Manaqeaent Thresholds
City Council Resolution No. 13346 approved eleven public facilities
and .ervice. with related threshold standards and illpl_entation
m_sures, which were listed in a policy statement dated NOVember
17, 1987 and have .ubsequently been refined based on
recommendations from the Growth Manaq_ent OVersiqht Commission
(GMOC) .
'l'he eleven are:
Traffic
Police
Fire/EMS
Schools
Libraries
Parks and Recreation
Water
Sewer
Drainaqe
Air Quality
Fi.cal
Durinq the development of the Growth Manaq_ent Proqram two new
facilities were added to the list of facilities to be analyzed:
Civic Facilities
Corporation Yard
Threshold .tandards are used to identify when new or upqraded
public facilities are needed to mitiqate the illpacts of new
development. Development approvals will. not be made unle.s
compliance with these standards can be met. 'l'hese threshold
.tandards have been prepared to quarantee that public facilities or
infra.truc,ture improvements will keep pace with the demands of
qrowth.
SCHEDULE "1"
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SCHEDULE "2"
Transportation Phasing Plan Threshold Standards
1. City-wide: Maintain LOS "C" or better at all intersections, with the exception that
LOS "0" may occur at signalized intersections for a period not to exceed a total
of two hours per day. No intersection shall operate at LOS "E" or "F" as
measured for the average weekday peak hour.
2. West of Interstate of 805: Those signalized intersections which do not meet
Standard #1 above may continue to operate at their current (1987) LOS, but shall
not worsen.
Notes to Standards:
1. LOS measurements shall be for the average weekday peak hour, excluding
seasonal and special circumstances.
2. The measurement of LOS shall be the ICU (Intersection Capacity Utilization)
calculation utilizing the City published designs standards.
3. The measurement of LOS at intersections of City arterials and freeway ramps
shall be a growth management consideration in situations where proposed
developments have a significant impact at interchanges.
4. Circulation improvements should be implemented prior to anticipated
deterioration of LOS below established standards.
SCHEDULE "2"
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.
SCHEDULE "3"
Action Plan for Implementation of Telegraph Canyon Plans
Water Conservation Plan: Since the City water offsite policy is not yet in effect, the
recommendations as stated in the Water Conservation Plan, dated May 1992, as modified
November 18, 1992 will be implemented. Items such as ultra-low flush toilets, ultra-low
flow shower heads, faucet aerators, and a pressure reducing value will be provided for
each household. Additionally, a water conservation guide will be provided to each new
homeowner at the time they enter into a contract for the purchase of a home within the
Telegraph Canyon Estates project. A major portion of the open space/scenic corridor
will be planted with a non-irrigated hydroseed for water conservation purposes.
Additionally, the irrigation system has incorporated rain shut-off valves and the system
will be maintained in accordance with the water management plan submitted by Burton
and Associates.
Air Ouality Imorovement Plan: Dust control by way of moisture addition to the soil
during the grading operation will be implemented. In addition to the onsite dust control
measures, an offsite dust control program to keep onsite dirt from being carried or
tracked onto travel roadways will also be implemented by scheduling dally street
sweeping and washing at construction access points on internal paved roadways.
Erosion control measures will be implemented in accordance with the Erosion Control
Plans contained in the rough grading plans. Offsite traffic interference from construction
personnel commuting to the site and the movement of material on and off the site will
be minimized by restricting land closures to off-peak travel periods and scheduling truck
access such that 80% of the daily receipt of concrete and other building materials and
other truck arrival/departures occur between 9:00 am and 3:00 pm.
SCHEDULE "3"
/:J",).. ?
ORDINANCE NO.
.;59.2
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTION 17.10.100 TO PERMIT
PAYMENT OF REQUIRED FEES 60 DAYS AFTER MAP
APPROVAL BUT BEFORE MAP RECORDATION, AND
AMENDING SECTION 18.16.100 TO CLARIFY LANGUAGE
ALLOWING BONDS TO BE PROVIDED AFTER MAP
APPROVAL
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 17.10.100 ("Collection and distribution of fees") of the Municipal
Code is hereby amended to read as follows:
"Section 17.10.100 Collection and Distribution of fees.
A. Prior to the aeeepltl:ftee recordation by the City of a final subdivision map or
ElWfe'lIH recordation by the City of a parcel map or release of either a final
subdivision map or parcel ma'p for recordation, but not later than 60 d&)'s after
ap.proval of such final subdivision or Darcel map. any required fees shall have
been paid to the city. Any land to be contributed for the purposes outlined in this
chapter shall be dedicated to the city and shown on the final subdivision or parcel
map at the time of aporoval. The director of [mance shall be responsible for the
collection and distribution of fees as set forth in this chapter. Fees collected for
neighborhood and community parks shall be kept in separate funds. However,
the City shall have the ability to shift fee amounts between the neighborhood and
community park funds when necessary. Failure to comDly with this orovision.
and specifically failure to D&)' the required fees within 60 days for maD approval.
shall automatically void the City's aoproval of the final maD and the final map
must be resubmitted to the Council for reapproval prior to recordation or release.
B. Planned developments shall be eligible to receive a credit as determined by the
City Council, against the amount of land required to be dedicated, or the amount
of the fee impose, for the value of private open space within the development
which is usable for active recreational uses. Such credit, if given, shall be
determined on a case by case basis. fOrd. . &1. 1994; Ord. 2243 ~1 (part),
1987; Ord. 1668 ~1 (part), 1976)."
subdivfe. wp
April 26, 1994
Permitting Fees to be Paid 60 days after map approval
Page 1
13/1-/
Section 2. Section 18.16.100 ("Improvement agreement--To be filed with security
instruments--Exception. ") is hereby amended to read as follows:
"18.16.100 Improvement agreement--To be filed with security
instruments-Exception.
" The subdivision improvement agreement, as set forth in Sections 18.16.190
through 18.16.280 of this chapter, shall be fully executed and submitted for the approval
of the city attorney at least eight days prior to city council consideration of the final map.
The security instruments, as required herein, should be filed concurrently with the
subdivision improvement agreement; provided however, such security instruments may
be filed with the city clerk not later than sixty days from the date of approval and
acceptance of the final map but the final map shall not be recorded or released for
recordation until all security instruments have been properly filed. Failure to comply
with this provision. and specifically failure to provide the required security instruments
within 60 days of mllP &pproval. shall-wiH automatically void council approval of the
final map and the final map must be resubmitted to the eCouncil for reaoproval prior to
recordation or release.. In no event shall said map be recorded prior to the submission
of necessary security instruments. lOrd. . 62. 1994) Ord. 2100 ~1 (part), 1985;
Ord. 1369 ~2 (part), 1971; prior code ~28.303).
Section 3. This ordinance shall take effect and be in full force on the thirtieth day from
and after its and adoption.
Presented by:
Approved as to form by:
PENDING REVIEW BY THE CITY ATTORNEY
John Lippitt
Public Works Director
Bruce M. Boogaard
City Attorney
subdivfe. wp
April 26, 1994
Permitting Fees to be Paid 60 days after map approval
Page 2
IJA .~
RESOLUTION NO.
/70/7'1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RENAMING THAT PORTION OF GOTHAM
STREET WITHIN THE BOUNDARIES OF THE TELEGRAPH
CANYON ESTATES SUBDIVISION TO CHATEAU COURT
WHEREAS, when the first phase final maps for Telegraph
Canyon Estates Subdivision were approved, a public hearing was held
to discuss the extension of Gotham Street into Telegraph Canyon
Estates; and,
WHEREAS, as a result of the hearing, Council directed
that Gotham street not be connected to Telegraph Canyon Estates and
that the proposed extension end in a cul-de-sac on site; and,
WHEREAS, in light of this decision, the developer has
requested that this portion of Gotham Street be renamed to Chateau
Court; and,
WHEREAS, the proposed name is included on the list of
approved street names for the subdivision and conforms to the City
street name standards; and,
WHEREAS, said change requires Council action because the
street was shown as Gotham Street on the approved tentative
subdivision map.
NOW,
ci ty of Chula
Street within
Subdivision to
THEREFORE, BE IT RESOLVED the City Council of the
Vista does hereby rename that portion of Gotham
the boundaries of the Telegraph Canyon Estates
Chateau Court.
Presented by
Approved as to form by
PENDING REVIEW BY THE CITY ATTORNEY
John P. Lippitt, Director of
Public Works
Bruce M. Boogaard, City
Attorney
c: \ I"s\ chateau
/:J8~/
RESOLUTION NO. J?'175
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CERTAIN CONDITIONS OF
RESOLUTION NO. 16960 APPROVING THE TENTATIVE
SUBDIVISION MAP FOR CHULA VISTA TRACT 93-03,
TELEGRAPH CANYON ESTATES
WHEREAS, on January 19, 1993, by Resolution 16960, the
City Council approved the Tentative Subdivision Map for Chula vista
Tract 93-03, Telegraph Canyon Estates; and,
WHEREAS, at the time the first final map of this
development was approved, Council also adopted Resolution 17278
amending the original conditions of approval of the tentative map
and certain conditions were amended to defer compliance until
approval of a later final map of the development; and,
WHEREAS, the supplemental subdivision agreement for the
first phase of development (Reso. No. 17279) outlined the terms and
conditions for the developer to satisfy the amended conditions;
and,
WHEREAS, the developer is now requesting that Council
further amend Conditions of Approval Nos. 61, 62, and 68 to defer
compliance until approval of subsequent maps; and,
WHEREAS, Condition No. 61, as originally amended,
requires the developer to enter into an agreement to dedicate and
record in first priority positions a minimum of 0.9 acres of
wetlands on the Otay Ranch property prior to approval of the fourth
final map; and
WHEREAS, it had been anticipated that the grant of
easement and subordination agreement would be completed prior to
presenting the fourth final map for Council approval; the grant of
easement has been prepared and recorded, however, because the
property on which the easement is located serves as collateral for
loans secured for the purchase of the Otay Ranch the subordination
agreement must be executed by a number of different entities and
individuals and the execution process has taken considerably more
time than anticipated; and
WHEREAS, staff recommends that Condition No. 61 be
further amended to read as follows:
"Enter into an agreement not to apply for Council
approval of a fourth or later Final Map for the
Property until Developer has dedicated to the City,
by the recordation of a dedication deed, an
1
J3C. /
easement over a minimum of 0.9 acres wetlands
associated with a large wetlands area on the Otay
Ranch property in a location approved by the
director of Planning ("Original Wetlands Easement")
and provided a title policy covering the Original
Wetlands Easement. Developer shall further agree
not to apply for Council approval of the final map
containing the 232nd lot until Developer has
recorded all necessary subordination agreements to
subordinate any deeds of trust encumbering the
property on which the Original Wetlands Easement is
located and provided a title policy insuring the
priority of the Original Wetlands Easement."
WHEREAS, the original Condition 62 of the approved
tentative map for Telegraph Canyon Estates required the developer
to enter into an affordable housing agreement to, as a minimum,
grant in fee to the city not less than three buildable acres in a
location and of a character satisfactory to the City for the
purpose of constructing housing for low and moderate income
families; and
WHEREAS, Condition No. 62, as previously amended,
requires the developer to enter into an Affordable Housing
Agreement with the city to provide 34.4 affordable housing units
within the area covered by the Fifth Final Map prior to recordation
of the Fifth Final Map; and
WHEREAS, since it is anticipated that the fifth final map
will soon be presented to Council for approval and the developer
and city staff have come to an understanding that the required
affordable housing may be provided partly on-site and partly off-
site, Staff recommends that Condition No. 62 be further amended to
read as follows:
"Enter into an agreement to provide seventeen (17)
moderate income units within the boundaries of the
development prior to approval of the Final Map
containing the 200th lot and enter into an
agreement to provide seventeen (17) low income
units to be provided off site in a location
acceptable to the Director of Community Development
prior to approval of the Final Map containing the
201st lot."
WHEREAS, Condition No. 68, as originally amended,
requires the Developer to enter into an agreement with the City to
cause, consent to, permit, apply for, and not oppose the planning
or replanning and zoning or rezoning of an off-site parcel{s) as a
Community Purpose Facilities (CPF) site prior to the recordation of
the fourth Final Map; and,
2
/3C. .2-
WHEREAS, the CPF site is expected to be provided in the
first village of the otay Ranch, and the Otay Ranch General
Development Plan has been conditioned accordingly, however, the
otay Ranch property has not yet been annexed and therefore the
developer is unable to comply with the condition at this time; and,
WHEREAS, the amended condition would require the
developer to further reserve and later replan an appropriate CPF
site within the project if an off-site parcel cannot be guaranteed
prior to the approval of the final map containing the 301st lot of
the subdivision; and
WHEREAS, staff recommends Condition 68 be amended as
follows:
"Enter into an agreement with the City prior to
approval of the fourth Final Map to record a
covenant ("Covenant") against a parcel comprised of
not more than 1.5 acres located within the
development that said parcel be restricted for the
use of a Community Purpose Facilities site and to
cause, consent to, permit, apply for, and not
oppose the planning or replanning and zoning or
rezoning as a Community Purpose Facilities site
prior to approval of the Final Map containing the
301st lot. Developer shall further agree that if
Developer has not caused, consented to, permitted,
applied for or not opposed the planning or
replanning and zoning or rezoning of said site
prior to approval of the Final Map containing the
301st lot, city may require Developer to submit an
amendment to the SPA Plan to create the necessary
zoning for such a site within the boundaries of the
property covered by the Covenant."
NOW, THEREFORE, BE IT RESOLVED the city council of the
City of Chula vista does hereby amend certain conditions of
Resolution No. 16960 approving the Tentative Subdivision Map for
Chula vista Tract 93-03, Telegraph Canyon Estates as set forth
hereinabove.
Presented by
Approved as to form by
PENDING REVIEW BY THE CITY ATTDRNEY
John P. Lippitt, Director of
Public Works
Bruce M. Boogaard, City
Attorney
C:\rs\TCE.Con
3
13C-;!
RESOLUTION NO. 1 ')i?~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT APPROVED BY
RESOLUTION 17279 REQUIRING DEVELOPER TO COMPLY
WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NO. 16960 APPROVING A TENTATIVE
SUBDIVISION MAP FOR TELEGRAPH CANYON ESTATES,
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve that certain Amendment to
the Supplemental Subdivision Improvement Agreement approved by
Resolution 17270 requiring developer to comply with certain
unfulfilled conditions of Resolution .No. 16960 approving a
Tentative Subdivision Map for Telegraph Canyon Estates, on file in
the office of the City Clerk as Document No. (to be completed
by the City Clerk in the final document).
BE
Chula vista
Amendment to
IT FURTHER RESOLVED that the Mayor of the city of
is hereby authorized and directed to execute said
the Supplemental Subdivision Agreement.
Presented by
Approved as to form by
ITEM WAS PUT ON AGENDA LATE - PENDING
REVIEW OF THE CITY ATTORNEY - MAY
REQUIRE A CLOSED SESSION.
Bruce M. Boogaard, City
Attorney
John P. Lippitt, Director of
Public Works
C:\rB\TCE.SIA
13 P-I
RESOLUTION NO.
)7"177
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHOLA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 93-03, TELEGRAPH CANYON ESTATES
NEIGHBORHOOD 1 UNIT 2, ACCEPTING ON BEHALF OF
THE PUBLIC THE PUBLIC STREETS DEDICATED ON
SAID MAP, AND THE EASEMENTS GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The city Council of the City of Chula vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 93-03, TELEGRAPH CANYON ESTATES
NEIGHBORHOOD 1 UNIT 2, and more particularly described as follows:
Being a subdivision of a portion of Southwest Quarter of
Section 34, Township 17 South, Range 1 West, San
Bernardino Base and Meridian, in the City of Chula vista,
County of San Diego, State of California according to Map
thereof No. 166, filed May 11, 1869 in the office of the
County Recorder of said County.
Area: 7.696 acres
Numbered Lots: 39
No. of Lots: 39
Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: portions of
Versailles Road and Marquis Court, and said streets are hereby
declared to be public streets and dedicated to the public use.
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, all as granted and shown on said map within said
SUbdivision, subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED that the city Clerk of the City of
Chula vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said public streets are
1
J'3f"l
accepted on behalf of the public as heretofore stated and that
those certain easements with the right of ingress and egress for
the construction and maintenance of street tree planting, as
granted thereon and shown on said map within said subdivision is
accepted on behalf of the city of Chula vista as hereinabove
stated.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 1994, for
the completion of improvements in said subdivision, a copy of which
is attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he 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
PENDING REVIEW BY THE CITY ATTORNEY
John P. Lippitt, Director of
Public Works
Bruce M. Boogaard, City
Attorney
C:\rs\TCNeigh1
2
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........... . ~
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.
ution No. 16768
4
)S?A
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
The air quality .itigation ~asures and monitoring program
discussed on pages 24-26 of the Air Quality I~rovelent Plan are
hereby .ade conditions of project approval.
Prior to approval of a final lIIp by the City Council, an
affordable housing agree.ent shall be reached between the
developer and the City. Said ag~nt shall be in accord with
the adopted Housing Element. In connection with said affordable
housing agreement, the City shall have the option, at a .ini~,
to require the Applicant" to- dedicate fee title, .nthout
reservation or reversion, to sufficient land .ich, in the
judgment of the City, will permit the construction of housing for
low and IIOderate income falliHes, as defined in the Housing
Element to the General Plan of the City, in the configuration of
a site"plan to be approved by the City, but which will be for not
less than three (3) buildable acres, in a location and of a
character satisfactory to the City.
Approval of a tentative map will be subject to the findings of the
HNTB study of State Route 125 which will provide staff and the
City Council with" the necessary information to assist in
determining and/or allocating project approvals.
The SPA Plan shall be amended to provide for (1) the consolidation
and relocation of the CPF acreage adjacent to the project entry
or, in the case of a public street system, adjacent to the central
recreation site, or (2) an agreement providing for a 1.5 acre or
larger CPF site in the first phase of Otay Ranch. If an agreement
for the off-site alternative cannot be reached between the City
and developer prior to tentative map approval, the map shall
indicate a CPF site as noted in (1) above until such agreement is
reached.
If a CPF site(s) is to be provided on-site, the SPA Plan shall be
amended to include the CPF provisions from the Municipal Code.
The P-C District Regulation amendment and related discussion in
the SPA Plan shall be revised to correctly identify the RS-5
regulations as applying to the larger lot product, and the RS-7
regulations as applying to the intermediate and smaller lot
products.
The project shall incorporate pubHc rather than private streets",
the design of which shall be subject to review and approval of the
City Engineer.
If a public street system is required as a condition of approval
of the SPA Plan, the central north-south collector shall be cul-
de-saced at its northerly terminus and the configuration of lots
and street designs shall be adjusted accordingly subject to review
and approval of the City Engineer. If the north-south collector
is cul-de-saced, a pedestrian easement or right-of-way shall be
/3E--.3
~~\A\\'-IE ~
ar
Resolution No. 16960
Page 15
4
b. fencing on rear slopes shall be limited to
coated chain link or wrought iron colored
green, black or earth tones.
[Planntng]
57. Gain approval by the Directors of Planning and
Parks and Recreation of the final development
~lans of the recreation areas on Lots "A" and
B". [Planntng, Parks and Recreation)
58. Enhance the development edge along the Otay Lakes
Road scenic corridor, i.e., varied heights and
setbacks, architectural treatment, and decorative
landscaping and walls, subject to approval by the
Director of Planning. [Planntng, Parks and
Recreatton]
59. Provide a- letter verifying that a qualified
paleontologist has been retained to implement the
lIitigation measures relative to paleontological
resources as outlined in the Mitigation
Monitoring Program prior to the issuance of a
grading permit. [Planntng]
60. Mitigate adverse i~pacts associated with
geological hazards 1n compliance with the
mitigation monitoring program of the final
Environmental Impact Report for Telegraph Canyon
Estates GDP and SPA Plan (EIR 91-05). [Planntng,
Eng tnee ring)
61. Dedicate and record an open space easement on a
lIinimum of 0.9 acres wetlands associated with a
larger wetlands area on the Otay Ranch property
in a location approved by the Director of
Planning. [Planntng)
62. Enter into an Affordable Housing Agreement with
the City in conformance with Condition No. 6 of
the Telegraph Canyon Estates GDP and SPA Plan
(Resolution No. 16768) prior to the aeproval of
any final Map. [Communtty Development]
63. Use Street A as exclusive access to the property
by construction vehicles. Gotham Street and
Creekwood Way shall remain closed until the
northwesterly phase of the project is
constructed, subject to the approval of the City
Engineer and the Director of Planning.
[Engtneertng, Planntng]
j3,F-'1
S0"ffiEtf.6f\:b,,\- S:>~tl\'.J\~D~ j,...Q~ f=MEM'I
t
11. Condition No. 36 - Cable Television Easements. In
satisfaction of Condition No. 36 of the Resolution, the Developer
agrees to permit all cable television companies franchised by the
City of Chula Vista equal opportunity to place conduit to and
provide cable television service for each lot or unit within the
Project. Developer further agrees to grant, by license or
easement, and for the benefit of, and to be enforceable by, the
City 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
coordinated with Developer's construction schedule so that it does
not delay or i~pede 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 compani~s as same may have been, or
may from time to time be, issued by the City of Chula Vista.
Developer here~y conveys to the City of Chula Vista the authority
to enforce said covenant by such remedies as the City determines
appropriate, including revocation of said grant upon a
determination by the City of Chula Vista that they have violated
the conditions of the grant.
12. Condition No. 50 - Submission of Annual Building Permit
and Other Reports. In satisfaction of Condition No. 50, Developer,
and their heirs, assigns, transferees and other successors-in-
interest shall submit to the City Director of Planning annual
building permit reports. The first of such reports shall be
submitted commencing as of February 1, 1994. Subsequent reports
shall be delivered on an annual basis until the last building
permit in the Project has been issued.
V 13. Condition No. 61 - Wetlands Easement. Developer agrees
that it will not apply for Council approval of a fourth or later
final map to the Property, and City may withhold approval of same
notwithstanding all other conformance with the Tentative Map, until
Developer has dedicated to the City, and same has been recorded in
first priority position, a minimum of .9 acres wetlands associated
with a large wetlands area on the Otay Ranch property in a location
approved by the Director of Planning.
14. Condition No. 62 Affordable Housing Agreement.
V Developer agrees that, without permission of the City Council, it
will not apply for Council approval of a fifth or later final map
to the Property until City and Developer have reached an affordable
housing agree~ent in a form satisfactory to the City providing for
34.4 affordable housing units on the area of the Tentative Map
e:\subdiv\tcesupp2.wp
November 2, 1993
Supp. SIA for Telegraph canyon Estates
Page 8
/3 J; -.6"
covered by the fourth or later final maps, and in accordance with
Condition No. 6 of the Telegraph Canyon Estates GDP and SPA Plan
(Resolution No. 16768).
" 15. Condition No. (i8 -' Zoning for a community Purpose
V pacilities Bite. Developer agrees that, if one or more parcels of
property satisfactory to the City and of the same approximate size
as that which may have been required on-site, owned by the
Developer within the jurisdiction of the City and otherwise be
within the vicinity of the Property has not been (re)planned and
(re) zoned as a Community Purpose Facilities site at the time
Developer applies for Council approval of a fourth or other final
map for the Property, or if the parties have not reached a
satisfactory agreement for the planning and zoning of such a
parcel, City may withhold approval of same notwithstanding any
other requirement, and Developer shall submit a Revised SPA Plan
and Tentative Map which provides for said site within the
subdivision. City agrees that proximal areas of the Western Parcel
of the Otay Ranch Project may provide such an off site parcel if it
meets the other requirements of annexation and ownership by the
Developer at the time of zoning.
16. Compliance With Unfulfilled Conditions. Developer agrees
to comply with all the conditions of the Tentative SUbdivision Map
which remain unperformed or unfulfilled at the time of the filing
of the Final Map, including the following conditions nos. 71 and 73
which read as follows:
Condition No. 71. Pay the following fees in
accordance with the City Code and Council
Policy:
a. The Transportation and Public Facilities
Development Impact Fees prior to the issuance of any
building permit;
b. Signal Participation Fees;
c. All applicable sewer fees, including, but
not limited to, sewer connection fees; and
d. The Telegraph Canyon Sewer Basin fee.
Condition No. 73. Comply with Title 24 and
any other energy conservation ordinances and
policies in effect at the time construction
occurs on the property in conformance.with the
Tentative Subdivision Map.
e:\subdiv\tcesupp2.wp
November 2, 1993
Supp. SIA for Telegraph Canyon Estates
Page 9
/3 E -{p
\~\ Ab\'C~'\8-\.T I'D ~-PR.f\~ Su6D\~I~a.1 A(1-et;:;E.M~
In the event of the dedication of sw.:h Alternative Wetlands
Easement, the City lIhall, as 11 condition to the recurdation of
such deed for the Alternative Wetlands Easement, execute and
deliver to Developer a quitclaim deed conveying the City's
interest in the Original Wet1and~ Easement back to Developer.
The parties hereto acknowledge Bnd agree that Developer's
dedication of either the Original Wetlands Easement OT the
Alternative Wetlands Easement pursuant to this Paragraph 13
shall not be deemed to satisfy any obligations or requirements
of Developer regarding the Otay Ranch Project."
3. ParllCl'liDh 14. Paragraph 14 of the Agreement is hereby
deleted and replaced with the following provision:
"14. Condition No. 62 - Affordable I:.lousin~ AllI'eement. Developer
agree~ that, without permission of the Council, it will not apply
for Council approval of a Final Map covering tbe 200th lut within
the Property to be subdivided until City and Developer have
elllered into IIn affordable housing agreement providing fnr
seventeen (17) moderate income units to be provided within the
boundaries of the Property. Developer further agrees that,
without permission of the Council, it will not apply for Council
approval of a f'inal Map covering the 20lst lot within the
Properly III be subdivided unul City and Developer have entered
Into an affordable housing agreement providing for seventeen
(17) low income units to be provided off site iJl II location
acceptable to the Director of Planning."
4. fJuallTnnh IS. Paragraph 15 of the Agreement is hereby
deleted and replaced with the following provision:
"15. Condition No. 68 . Zonin~ for a Community PU(Jloses Facility
Site. Developer agrees that it shall, concurrently with the
execution of this Agreement, record a covenant ("UlVcnant")
against a parcel comprised of not more than 1.5 Beres located
witllin the Properly which shall be defined by a metes and bounds
description, that sucb parcel shall be restricted for the use of
11 Community Pw:pose Facilities aite. IJI the event that
Developer as thc Council for approval of a Final Map
covering the otirt"" to be IlIbdivided within the Property and
Developer h . re)planned and (re)zoned a~ II Community
Purpuse Facilities Site 1.5 acres of property satisfactory to
the City. the City can require Developer to submit an amendment
to the SPA Plan to create the necessary zoning for such a Community Purpose
3
/3E-7
Revised Item 13 (A)
~
ORDINANCE NO. 2m
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTION 17.10.100 TO PERMIT
PAYMENT OF REQUIRED FEES 60 DAYS AFTER MAP
APPROVAL BUT BEFORE MAP RECORDATION, AND
AMENDING SECTION 18.16.100 TO CLARIFY LANGUAGE
ALLOWING BONDS TO BE PROVIDED AFTER MAP
APPROVAL
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 17.10.100 ("Collection and distribution of fees") of the Municipal
Code is hereby amended to read as follows:
"Section 17.10.100 Collection and Distribution of fees.
A. Prior to the lIeeeplllnee recordation by the City of a final subdivision map or
flppreva:l recordation by the City of a parcel map or release of either a final
subdivision map or parcel mllP to a develo,per for recordation, but not later than
60 days after llP,proval of such final subdivision or parcel map. any required fees
shall h ve been aid to the c' t !)ti'1bW$&jy"'slrar"1fQ%tl(iT"'fisl.u61t"iilFflj)'"''':{,'1
Please note that this has now been amended to allow the
payment of required fees greater than 60 days after final map
approval and after release of the map. The City Attorney does not
recommend for or against this change, but is acting as a "mere"
scriviner in this matter. It is a substantial deviation from prior
practice not previously available to other developers, but does
require the payment of interest, so as to make it a "cash
equivalency", and City will still retain the "hammer" of
withholding the certificate of occupancies.
subdivfe. wp
May 3, 1994
Permitting Fees to be Paid 60 days after map approval
Page 1
;.JE-S.
Any land to be contributed for the purposes outlined in this chapter shall be
dedicated to the city and shown on the final subdivision or parcel map at the time
of apJ>roval. The director of finance shall be responsible for the collection and
distribution of fees as set forth in this chapter. Fees collected for neighborhood
and community parks shall be kept in separate funds. However, the City shall
have the ability to shift fee amounts between the neighborhood and community
park funds when necessary. Failure to comply with this provision. and
s,pecifically failure to p~ the required fees within 60 da.Ys for ma1> lIPJ>roval. shall
automatically void the City's a.pproval of the final mllP and the final mllP must be
resubmitted to the Council for r~proval prior to recordation or release.
B. Planned developments shall be eligible to receive a credit as determined by the
City Council, against the amount of land required to be dedicated, or the amount
of the fee impose, for the value of private open space within the development
which is usable for active recreational uses. Such credit, if given, shall be
determined on a case by case basis. (Ord. . 61. 1994; Ord. 2243 ~1 (part),
1987; Ord. 1668 ~1 (part), 1976)."
Section 2. Section 18.16.100 ("Improvement agreement--To be filed with security
instruments--Exception. ") is hereby amended to read as follows:
"18.16.100 Improvement agreement--To be filed with security instruments--Exception.
" The subdivision improvement agreement, as set forth in Sections 18.16.190
through 18.16.280 of this chapter, shall be fully executed and submitted for the approval
of the city attorney at least eight days prior to city council consideration of the fmal map.
The security instruments, as required herein, should be filed concurrently with the
subdivision improvement agreement; provided however, such security instruments may
be filed with the city clerk not later than sixty days from the date of approval and
acceptance of the final map but the final maJ> shall not be recorded or released to the maJ>
lIPplicant for recordation until all security instruments have been proJ>edy filed. Failure
to comply with this provision. and s,pecifically failure to provide the required security
instruments within 60 d~s of map a'pproval. shall-wiH automatically void council
approval of the final map and the fmal map must be resubmitted to the eC.ouncil fur
rea.p.proval prior to recordation or release.. In no event shall said map be recorded prior
to the submission of necessary security instruments. (Ord. . 62. 1994) Ord. 2100
~1 (part), 1985; Ord. 1369 ~2 (part), 1971; prior code ~28.303).
Presented by:
Approved as to form by:
subdivfe. wp
May 3, 1994
Peimitting Fees to be Paid 60 days after map approval
Page 2
/3:t-9! /3f-(i)
Revised Item 13 D., to be attached to Reso. 17476
RECORDING REQUESlED BY:)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Above Space for Recorder's Use
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
FIRST AMENDMENT TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
Telegraph Canyon
(Conditions 32, 61, 62 and 68)
This Amendment to Supplemental Subdivision Improvement Agreement
("Amendment") is made this 3rd day of Mav. 1994. for reference only and effective as of the
date last executed. by and between THE CITY OF CHULA VISTA, California ("City" or
"Grantee" for recording purposes only) and Baldwin Builders, a California corporation
("Developer" or "Grantor"), with refer~nce to the facts set forth below, which recitals
constitute a part of this Amendment.
RECITALS
A. City and Otay Vista Associates, a California limited partnership ("Otay Vista")
entered into that certain Supplemental Subdivision ImprovementAgreement, dated October
19. 1993 ("Agreement") regarding certain real property located in Chula Vista, California,
as described therein ("Property"). The Property is now owned by Developer, as successor
in interest to Otay Vista, and is part of a project commonly known as Telegraph Canyon
Estates ("Project").
B. The parties now desire to amend the Agreement to provide for the
/.3 E - II
modification of certain obligations of the parties regarding Condition Nos. 32, 61, 62 and
68, as more particularly provided hereinbelow.
NOW, lHEREFORE, in exchange for the mutual covenants, terms and conditions
herein contained, the parties agree as set forth below
1. Paragraoh 13. Paragraph 13 of the Agreement is hereby deleted and
replaced with the following provision:
~'1. Condition No. 61 etlands Easement. . .
o " ap..ely for Council..l!oprov" 1 nf a our . or the
rope!t}r, and C!-ty may withhold approval of same notwithstanding all other
conformance WIth the Tentative Map, until Developer has del1i~te9 ~ J;b.1( ,
City, by the recordation of a dedication deed, an easement over a m~iml!lD
of.9 acres wetlands associa!~<!.m4.~.Larl\e~~i.QJtilii~ ~nch -
proper lD a _25:~,12!L,l\tmrov_~d b'(, t;h~)2~l!.sJ.21,~..IWlQing ("Original
e an s asement"). The parties atree that the dedication deed for the4::::;-
Original Wetla. nds Ease.m. eiii..' snall< erecord. ed. .u~on d~ such
dedication ~eed to the.$!!Y..!l&d~lh!tD~X!?]~_Qli"~ . ifire'~"
~~}~~aea~~~!f~F~~~~~~~1\'fJd~~~&~~W~~7:;,
Devel~.e::: ~hall have caused ,~~x.~~d ,all ~es~,~9',,~~~2!.dil}~~?~~,g,~~nts
:~ ::~::~~~~~~s!~i?!I~i~a~6Ilhi~b1r:~~jW~~::~
Easement. At the time of the recordation of such subordination agreements,
Develo~ sliall :eroyjde C;ity~~h an ulldated!i.!.te Rolic~ p~u!:i~lUJ11< RriqtilY~~
or the Onginal Wetlands Easement. In the event Developer does not obtain
such subordination agreements prior to the recordation of the Final Map
coverin the 232nd lot within the PropertypJevelo~e! ~iilDident~."an
alternative easement over a minimum of .9 acres of wetrai"ds which is
- -iH~oi~~t-~1.fi~cior omanning ("Alternative Wetl8'tidS"&semenr'j. In
e even 0 tee Icai'ioD"01'SUch Alternative Wetlands Easement, the City
shall, as a condition to the recordation of such deed for the Alternative
Wetlands Easement, execute and deliver to Developer a quitclaim deed
conveying the City's interest in the .. I Wetlands Easement back to
Developer. The arties hereto cknowled e an a re that Developer's
dellicSltio!l~ of either the Original Wetlands asement _o..! tb~ Al~lJl~tJv..~
\Vetlands Easement pursuant to this Paragraph 13 shall not be deemed to
satisfy any obligations or requirements of Developer regarding the Otay
Ranch Project."
tce2.wp
May 3, 1994
First Amendment to Supplemental Subdivision Improvement Agreement
Page 2
)3 I -/.2.
3. Paral!raph 15. Paragraph 15 of the Agreement is hereby deleted and
replaced with the following provision:
"15. Condition N for a Communi oses FaciJi Site.
Developer agrees th It shall, concurrently with the execution of this
Agreement, record a covenant ("Covenant") against a parcel ("CPF Parcel")
comprised of not mereless than 1.5 acres located within the area of the
Property as approximately depicted on the Exhibit B attached. (which shaH
be CPF Parcel is or will be defined by a metes and bounds description drawn ~
in l!ood faith by the City to reflect the territory shown on Exhibit B), that
such parcel shall be restricted for the use ef-as a Community Purpose.
Facilities site. In the event that Developer applies to the Council for
approval of a Final Map covering the 301st lot to be subdivided within the
Property and Developer has not (re )planned and (re )zoned as a Community
1/ Council should note that the moderate units ill have
bu'lt on s'te 0 ro e Cou
h~~p ~n t9 r~~uir~.~cash or l~~~. eSL~Ya1~~_~~the
~:_J.~.~~~!~Eat!'!,.~C?me .J,I,J}?-~"~
to b ~/f~
ave JI~
tce2.wp
May 3, 1994
First Amendment to Supplemental Subdivision Improvement Agreement
Page 3
/3L-/3
I'
\,
'. I
Purpose Facilities Site 1.5 acres of property within the territory of the city f-
satisfactory to the City, the City can. at City's option. either amend the SPA
Plan and rezone the Prooerty themselves or require Developer to submit an
amendment to the SPA Plan t{HInd amend the zoning map andlor zoning
regulations to soecify ereate the necessary zoning for such a Community
Purpose Facilities site within the boundaries of the Property covered by the
Covenant~rovided, however, in the event Developer does plan and zone
a Community Purpose Facilities site on an off site parcel within the City of
sufficient size. in a sufficient location and to the satisfaction of the City which
is owned by Developer aHa is ';AtJiiH tJie jurisaietiaB ef tJie City, then the
Covenant shall be terminated and of no further force or effect and City shall
execute any and all necessary documents to provide for such termination."
4. Paragraph 8. Paragrllph 8 ef tJie .A..greemeHt is hereby aeletea aHa
replaeea \..-ith the f-eRff'y7iBg flre..~eB:
"8. CaBaitiaB Na. J2 Ne Pratest ef MaiBteBaBee Distriet ar f"ssessmeBt
Distriet. City agreesacknowledges that Developer has fully satisfied
Developer's obligation of Condition No. 32 of the Resolution as it pertains
to the entire Property.
5. Defined Terms. Capitalized terms not otherwise defined in this
Amendment shall have the meanings attributed to them in the Agreement.
6. Effect on Al!reement. Except as modified by the terms of this
Amendment, the Agreement shall remain in full force and effect.
7. Counte1l'arts. This Amendment may be executed in counterparts, all
of which, when taken together, shall constitute a fully executed original.
(end of page. next page is signature page.)
tce2.wp
May 3, 1994
First Amendment to Supplemental Subdivision Improvement Agreement
Page 4
/3 E - Ii
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the day and year first hereinabove set forth.
CITY:
DEVELOPER:
By: City of Chula Vista
BALDWIN BUILDERS, a California
corporation
Tim Nader, Mayor
By:
Name:
Title:
Attest:
Beverly Authelet, City Clerk
Approved as to Form:
Bruce M. Boogaard, City Attorney
tce2.wp
May 3, 1994
First Amendment to Supplemental Subdivision Improvement Agreement
Page 5
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13
/3E -/t?
COUNCIL AGENDA STATEMENT
Item
/i
Meeting Date 5/3/94
ITEM TITLE: Report: East Otay Mesa Specific Plan
SUBMITTED BY: Director of Planning ~t
REVIEWED BY: City Manager(,IJ"519
~,{
(4/5ths Vote: Yes_No X )
Council Referral No. 2876
On March 15, 1994, staff presented a report to the City Council regarding the proposed East
Otay Mesa Specific Plan and related EIR. Council directed staff to request that County staff
provide documentation as to the circulation analysis, the public facility phasing and financing,
transportation phasing, and habitat preservation components of the proposed Specific Plan. Staff
was directed to analyze the information and return either with recommendations as to specific
changes Council could ask the County to make to accommodate their concerns, or to support the
County's project. In addition, Council authorized staff to forward correspondence to the County
Planning Commission indicating that the City has some unresolved concerns and would be
conducting a further analysis and that the City may be making a request of the Board of
Supervisors to make changes to the Plan while not requesting that the Commission delay
consideration of the project.
This report serves as a follow-up to the status of this project, and includes the draft letter for
your review. In addition, this report responds to several questions which were raised during a
discussion of this matter by the City Council on April 26, 1994, and includes an executive
summary of the proposed plan for further background on the proposal (attachment 1).
RECOMMENDATION: That Council accept this report and authorize staff to:
1) Consult with County executive staff regarding issues transmitted previously to the County
of San Diego Planning Commission, and
2) Transmit the attached letter to the County Board of Supervisors (attachment 2), which
requests that the Board postpone final action on the East Otay Mesa Specific Plan to
enable the City and County to address concerns with the analysis contained in the Final
EIR as well as policies contained or lacking in the East Otay Mesa Specific Plan.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
The East Otay Mesa Specific Plan is a proposed 3,300-acre mixed use industrial area located in
the County of San Diego, inunediately north of the US/Mexican border and east of and adjacent
to the City of San Diego's industrial subdistrict. The discretionary actions for the project which
ji-f - I
Page 2, Item / L/
Meeting Date ~
are under consideration at this time include General Plan and Subregional Plan Amendments,
rezone, creation of a Sanitation District, adoption of Site Planning and Design Guidelines,
Specific Plan adoption and Certification of the Final EIR.
Backg:round
The City of Chula Vista has had a longstanding interest in the planning of new development on
the Otay Mesa, and has continued to provide input to both the City of San Diego and County
of San Diego regarding plans and development proposals in this area.
Otay Subregional Plan
With regard to the East Otay Mesa area, the City of Chula Vista initially reviewed and
commented on the draft Otay Subregional Plan (a component of the County General Plan) in
1984. The County approved the Otay Subregional Plan in August 1984, including the
designation of 2,730 acres of industrial development. Included in the adopted Otay Subregional
Plan were policies requiring the preparation and adoption of a "Specific Plan" for the East Otay
Mesa, as well as preparation of transportation plans and public facility phasing and financing
plans for new development in this area (see attachment 3).
Nonetheless, the City of Chula Vista determined that the consideration of land use and traffic
issues in the Otay Subregional Plan and EIR was inadequate, and subsequently filed a lawsuit
against the County, challenging the adequacy of the Environmental Impact Report for the Plan,
as it pertained to cumulative traffic analysis and mitigation, land use mix, and other related
issues.
In 1985, the City of Chula Vista and the County entered into a settlement agreement regarding
this lawsuit. The agreement stipulated that the County would prepare a subsequent EIR prior
to rezoning any portion of the area covered by the adopted Otay Subregional Plan. It was
further stipulated that the scope of work of the EIR would include:
1) consideration of alternative land uses for the Otay Mesa Subregional Plan,
2) development timing and phasing to assure an orderly and planned sequence of
development for the Otay Mesa Area,
3) an analysis of cumulative traffic impacts on the City of Chula Vista and the City of San
Diego, including consideration of Otay Ranch, Eastlake, San Miguel Ranch, and the City
of San Diego Otay Mesa Community Plan.
Finally, it was agreed that "any significant impacts identified by the supplemental EIR shall be
thoroughly evaluated with consideration given to development timing and phasing, feasible
reductions in land use intensity and! or the addition of new transportation facilities to reduce
traffic impacts to a level of insignificance. "Transportation facilities" shall include roads, mass
transit and other transportation alternatives." (See attachment 4)
Itf - P-
Page 3, Item / i
Meeting Date 5/3/94
East Otay Mesa Specific Plan
In 1991, the County of San Diego began the process of preparing the East Otay Mesa Specific
Plan, and County staff consulted with Chula Vista staff regarding the scope of work for the Plan
and Supplemental EIR. During the course of preparation of these documents, there were several
meetings held between agency staffs, some of which were tied into the joint agency planning
process for the Otay Ranch project.
In October, 1993, the draft Specific Plan and draft EIR were released for public review. The
draft Specific Plan calls for the development of 2,360 acres of industrial, 154 acres of
commercial, and 753 acres of hillside residential(see attachment 3). In addition, County staff
is recommending that, along with the adoption of the Specific Plan, the Otay Subregional Plan
be amended to delete certain requirements pertaining to the East Otay Mesa area, including the
requirement for a specific plan and certain facility planning and phasing requirements (see
attachment 5).
In January 1994, City staff submitted detailed written comments regarding both documents,
citing concerns regarding the circulation analysis, public facility phasing and financing,
jobs/housing balance, and habitat preservation components of the proposed Specific Plan.
On March 8, 1994, the City Council authorized staff to transmit a letter to the County of San
Diego Planning Commission requesting a continuance of the public hearing for the certification
of the Final EIR and approval of the East Otay Mesa Specific Plan until the City could respond
further on concerns that it had regarding the Final EIR and Specific Plan documents. At that
time, staff had not yet received written responses to the comments it had sent to the County in
January .
On March 15, 1994, Council reviewed concerns identified by staff with the proposed East Otay
Mesa Specific Plan and EIR, and directed staff to request that the County staff provide
documentation as to the circulation analysis, the public facility phasing and financing,
jobs/housing balance, and habitat preservation components of the proposed Specific Plan.
Council also authorized staff to communicate to the County Planning Commission, prior to its
meeting, that the City had some unresolved concerns and would be conducting a further analysis
and may be making a request of the Board of Supervisors to make changes to the Plan but not
requesting that the Planning Commission delay consideration of the project.
Staff presented correspondence to the County Planning Commission on March 18, 1994, and has
conducted meetings with County staff to clarify and, where possible, resolve issues cited above.
The County Planning Commission has recommended approval of the Plan, and it is scheduled
for consideration by the Board of Supervisors at a public hearing on May 11, 1994.
Issue Analvsis
The following is the status of staff discussions between the County and City regarding
outstanding issues:
/1-3
Page 4, Item
Meeting Date 5/3/94
Ji
Circulation Analysis
As indicated above, the County had committed to preparation of a cumulative traffic impact
analysis and mitigation plan as part of the settlement agreement with Chula Vista, as well as in
a policy contained in the Otay Subregional Plan. However, City staff determined that the EIR
for the East Otay Mesa Specific Plan did not analyze potential circulation impacts to areas
outside the Specific Plan boundaries (e.g., Otay Valley Road/Heritage Road, future river
crossings, street network within Otay Ranch, etc.). Subsequent meetings with the County's
transportation plauner resulted in the assurance that additional traffic analysis would be
conducted and mitigation identified for any off-site impacts to areas north of the Otay River.
It was expected that the analysis would be completed by April 15, 1994, and that the City would
receive this information.
As of the preparation of this report, partial information has been received from County staff
identifying potential traffic impacts north of the Otay River. Areas of impact include the
intersection of Telegraph Canyon Road and Otay Lakes Road (impacts result from traffic levels
which require a grade-separated intersection), and other major intersections and roadway
segments within the Otay Ranch which will experience an approximate 10% increase of traffic.
County staff stated to the County Planning Commission, on April 15, 1994, that if
Transportation Demand Management (TDM) and Village Design Assumptions were applied to
the Otay Ranch roadway segments then traffic levels would be reduced by as much as 10%,
thereby reducing any perceived impacts to the level identified in the approved Otay Ranch
project. TDM and Village Design Assumptions would result in a reduction of automobile trips
based on a greater use of alternate forms of transportation, including transit facilities, resulting
from transit-oriented village design. This conclusion was included in the Final EIR for the
Specific Plan.
However, it is the position of City staff that TDM and Village Design Assumptions should not
be relied upon when identifying potential traffic impacts and mitigation in the EIR. In contrast,
the Otay Ranch Program EIR did a worst case analysis without the benefit of TDM and Village
Design Assumptions, and mitigation measures were based on that worst-case analysis. We are
recommending that the final EIR be revised to reflect this approach.
Public Facility Phasing and Financing
The settlement agreement between the City and County included a commitment by the County
that "any significant impacts identified by the supplemental EIR shall be thoroughly evaluated
with consideration being given to development timing and phasing, feasible reductions in land
use intensity, and/or the addition of new traffic facilities to reduce traffic impacts to a level of
insignificance. " The approach contained in the East Otay Mesa Specific Plan to this issue
consists of applying conditions to Tentative Subdivision Map approvals requiring each developer
to provide mitigation plans, such as impact fee programs or regional facility financing programs,
prior to final map recordation (see attachment 5, Policy F-5). Policies in the existing Otay
Subregional Plan, which call for the preparation of facility fmancing and phasing plans in
conjunction with the Specific Plan, are proposed for deletion.
/4-+
Page 5, Item
Meeting Date 5/3/94
/'1
At this point, City staff has determined that the Specific Plan EIR traffic analysis is incomplete
and fails to provide assurances that financing for the construction of regional circulation facilities
necessary for the development of the East Otay Mesa will be provided. In addition, the specific
approach to facility phasing and fmancing does not appear to be workable, since it does not give
developers a clear indication of what type of fees they may be faced with at the time of Tentative
Map approval, nor does it require developers within a given phase of development to
cooperatively finance the preparation of a financing plan. City staff has indicated that a facility
phasing and financing program should be required prior to approval of any Tentative Subdivision
Maps within a given phase. The Specific Plan should clearly identify what the regional facility
phasing and fmancing program would contain.
Biologv Imoacts
City staff had previously indicated that the Specific Plan does not provide assurances that an
uninterrupted habitat preserve will result. The County has proposed additional language to be
placed in the Specific Plan which provides a better commitment to regional habitat preserve
programs (see attachment 5). Given the status of the regional programs, and the revised
language proposed by County staff, the City of Chula Vista staff feel that this adequately covers
the initial concerns.
I
Jobs/Housing Balance
City staff had raised concerns that the East Otay Mesa Specific Plan and EIR does not
adequately address the issue of jobs/housing balance within the South Bay subregion. The City's
concern is that an imbalance, wherein there would be an overabundance of industrial
development on the Otay Mesa without adequate housing opportunities in the vicinity, would
lead to greater traffic impacts and corresponding air pollution impacts by resulting in longer trips
from home to work, and reduced use of alternative transportation modes.
County staff has indicated that a high percentage of jobs created by proposed development on
Otay Mesa will be served by future housing proposed within the South Bay (Chula Vista,
Sweetwater and Imperial Beach) and especially on the Otay Ranch. The East Otay Mesa
Specific Plan EIR states that the ratio of jobs to housing in 1990 in the South Bay was 76,250
jobs to 86,251 units or 0.86. A factor close to 1.00 has been indicated as desirable since this
would indicate a balance of jobs to housing units. The cumulative analysis contained in the EIR,
based on SANDAG Series 7 Growth Forecasts, indicates that, with the inclusion of industrial
development in the East Otay Mesa and proposed development of Otay Ranch per the adopted
plans, the South Bay would grow to 162,068 jobs and a total of 117,321 units resulting in a
factor of 1.38. The EIR explains that "since many households have two adults working outside
the home, the jobs/housing ratio of more than, but close to, 1.00 indicates that overall, the
number of jobs and housing in the MSA (South Bay area) as a result of the project and
cumulative development is balanced".
City staff is concerned that, if the Specific Plan does not contain policies which address the
ongoing monitoring of jobs/housing balance within the subregion, the pace of industrial
development could exceed that of residential development, with the result that traffic and air
11-5,'"
Page 6, Item ~
Meeting Date 5/3/94
pollution impacts would be increased from those projected in the EIR. Another result could be
that the financing and construction of needed roadways andlor mass transit facilities through
residential projects such as the residential villages of Otay Ranch could occur later than
projected, resulting in even greater traffic congestion problems. In response to this concern, it
is recommended that the facility phasing and fmancing program include provisions for ongoing
monitoring of the jobs-to-housing ratio in the subregion, and have provisions for modifying the
program accordingly, including the adjustment of phasing for transit facilities.
Recommended Chanl!:es to Soeciflc Plan and EIR
Based on our analysis of the proposed East Otay Mesa Specific Plan and EIR, and the issues
which are outlined above, it is recommended that the following changes be requested:
1) the final EIR should be revised to incorporate the cumulative traffic analysis information
which has recently been completed by County staff. In addition, the EIR should include
specific mitigation measures for significant impacts which are identified in the final EIR,
including both roadway improvements and non-automobile transportation improvements,
such as mass transit facilities and transportation demand measures.
2) the Specific Plan should be amended to include a requirement for the preparation of
Public Facility Financing and Phasing Plans for each individual phase of development
prior to the approval of tentative maps for development within that phase. These plans
should be developed in accordance with specific guidelines to be included in the plan,
and should be based on the principles contained in the "growth management" chapter of
the Otay Ranch General Development Plan 1 Subregional Plan (see attachment 6).
In view of the discussions that have occurred with County staff, the outstanding need to review
supplemental transportation data, and the short time frame to accomplish this before the
scheduled Board of Supervisors meeting on May 11, 1994, staff is recommending that the City
Council authorize continued executive staff discussions between the City and County (a meeting
between the City Manager and the County's Deputy CAO has been set up in advance of the May
11, 1994, Board meeting) and authorize the forwarding of a letter to the Board of Supervisors
asking them to postpone final action on the Specific Plan until outstanding issues have been
resolved.
FISCAL IMPACT: None.
Attachments:
I) / Executive Summary of East Otay Mesa Specific Plao
2) j Draft letter to County Board of Supervisors
3) J Modifications to Olay Subregional Plan text
4) I Stipulated Settlement Agreement (April 17. 1985)
5) ~ Modifications to East Otay Mesa Specific Plan
6) Growth Management chapter of Olay Ranch GDP/SRP
7) J Otay Subregional Plao Traffic Forecasts
(f: \home\planning\duane\eom.cc3 .a11)
Jt.f-~ //J./-8
ATTACHMENT 1
If-1
ATTAr.HMFNT
Executive SUlnmary
0.1 Introduction
The East Otay Mesa Specific Plan sets fonh a
comprehensive and far-sighted vision for the de-
velopment of approximately 3.300 acres within
the East Otay Mesa Specific Plan Area as a mod-
em industrial and business center. Within the next
20 years. the combined City and County Otay
Mesa area is anticipated to become an interna-
tional industrial and business district. with over
6700 acres of industrial and commercial planned
land use. The Specific Plan Area will be served by
freeway State Route (SR)-905 and tollway SR-
115 in addition to an on-site network of arterials
and local roads. This area has the added benefit of
being bound by two natural land forms. the San
Y sidro Mountains and Otay River Valley. which.
through the Plan' sconservation policies. will con.
tinue to add a special visual and environmental
amenity to the area.
The Specific Plan sets the framework for future
development. including policies. standards and
guidelines that guide and facilitate private devel-
opment over time. The Specific Plan funher
establishes an implementation program. includ-
ing infrastructure and public facility plans. and a
phasing and financing strategy.
Figure 0-1. Specific Plan Overview. provides an
overview of the site context. and indicates the
major Specific Plan proposals for land use and
circulation in this area. A complete map of the
Specific Plan is presented in Figure 0-2. East Otay
Mesa Specific Plan.
/1-1
0.2 Background, General
Plan Relationship,
and Process
Background
The East Otay Mesa Specific Plan Area is located
in the southwestern ponion of San Diego County
immediately adjacent to the U.S./Mexican border.
The Study Area. which is comprised of the Spe-
cific Plan Area within a larger County Service
Area (CSA) 122. consists ofa relatively flat mesa
with a steep mountainous area on the eastern edge
and a major river valley and tributary canyon to
the nonh. Historically. the flaner ponions of the
Study Area have been used for agriculture. The
steeper areas have never been developed.
The Specific Plan Area is at the southern edge of
development in San Diego County . To the west is
the 12.505 acre City of San Diego's Otay Mesa
Community Plan Area. referred to herein as the
West Otay Mesa Area. which includes4.337 acres
of planned industrial and commercial uses and
2.100 acres of planned residential uses. To the
nonh are the Donovan State Correctional Facility
and the George F. Bailey County Detention Facil-
ity. They border the Otay River Valley. which is
being planned as a future regional park. Funher
nonh is a large undeveloped area. which was
jointly planned by the City of Chula Vista and
County of San Diego fora23.299 acre "new town"
known as Otay Ranch. Across the international
border to the south are existing as well as planned
industrial and residential uses in the City ofTijuana.
AAGe.~; I
ExtClltivt SJlmmary
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With the growth of the Mexican government's
Maquiladora or Twin Plant Program in the early
1980' s. there began to be a demand for industrial
land in the United States near the borderto accom-
modate distribution and warehousing of products
manufactured in Mexico. (See glossary for de-
scription of the Maquiladora or Twin Plant Pr0-
gram). The opening of the Otay Mesa commercial
border crossing or port of en try in the mid-1980's.
along with improvements to Otay Mesa Road and
interim SR-905 Freeway. enhanced the potential
for distribution and warehouse industrial develop-
ment opportunities. Since the mid-1980's. over 3
million square feet of industrial and commercial
space has been built in the City' s West Otay Mesa
Area. It is anticipated that the demand for indus-
trial land use. especially ~arehouse areas and
distribution uses. will increase even more due to
the passage of the North American Free Trade
Agreement (NAFT A).
In recognition of this demand for industrial use.
the County amended its General Plan in 1983 to
designate the East Otay Mesa Area for general
industrial uses in the flat terrain and low density
residential uses in the canyon and hillside terrain
as part of amendments made to the Otay Subre-
gional Plan. In 1990. the Specific Plan Area land
use designation for this area was approved to
provide for a comprehensive planning framework
for future conservation and development. The
County proceeded to initiate the East Otay Mesa
Specific Plan preparation process in April of 1991.
Relationship of the Specific
Plan to the General Plan
The East Otay Mesa Specific Plan implements the
policies of the County General Plan including the
Otay Subregional Plan. It is a customized regula-
tory mechanism designed to bridge the broad
guiding policies of the General Plan in order to
4 East Dray Mesa SpecifiC Plan
Itf-/:J-
promote coordinated development of individual
land parcels. The Specific Plan provides the
framework to guide a myriad of decisions regard-
ing land use. open space and conservation. circu-
lation, infrastructUre. community facilities. facil-
ity phasing and financing. and design.
Specific Plan Process
Development of the East Otay Mesa Specific Plan
involved a multi-phase process with extensive
property owner and public agency participation.
The first phase involved extensive data collection
on environmental. public facility. transportation.
and economic factors. During the second phase
alternative land use. circulation and infrasttucture
concepts were studied and evaluated. A consen-
sus preferred plan and phasing strategy were agreed
upon by County staff and property owners in
December 1992.
Supporting the Specific Plan are the following
technical reports on file with the County Depart-
ment of Planning and Land Use:
. Industrial Market Study
. Environmental Resources and Constraints
Study
. Circulation Element Technical Report
. Water. Sewer. and Reclamation Master Fa-
cilities Plan Technical Report
. Conceptual Infrastructure Improvement
Plans and Cost Estimates of Backbone
Infrasttucture and Public Facilities
The following documents were adopted as part of
the Specific Plan approval process:
.
Environmental Impact Report
Comprehensive Flood Control Master Plan
Site Planning and Design Review Guide-
lines
.
.
~
0.3 East Otav Mesa
.
Specific Plan
Elements
Land Use
Industrial: East Otay Mesa Specific Plan has the
potential to be the County' s largest industrial and
business district. It contains large parcels oflevel.
relatively inexpensive land located near the inter-
national border crossing and its Maquiladora or
Twin Plants. which make it highly suitable for
large scale industrial development. A Market
Study conducted in 1991 at the outset of the
planning process concluded that, based on antici-
pated demand the entire East Otay Mesa industri-
ally planned area could be built out and occupied
in 20 years. The study also indicated that the
majority of the demand for industrial uses is
connected with growth in manufacturing in
Mexico. The vast majority of the flatter land.
approximately 70 percent of the Specific Plan
Area, is planned for Mixed Industrial land use. see
Figure 0-2.
Commercial: In order to create a comprehensive
industrial and business district with appropriate
services, commercial land uses are also planned.
The planned commercial land uses are classified
into three types: regional, district, and support
commercial.
Residential: The biologically sensitive steep slopes
of the eastern hillside area and the steep slope
areas of the northern canyons are planned for very
low intensity Rural Residential land use. see Fig-
ure 0-2.
14-/3
Conservation and Open Space
Conservation: An Environmental Resources and
Constraints Study prepared early in the planning
process indicated the presence of highly sensitive
resources in the Specific Plan Area. In addition.
during the preparation of the EIR. potential vernal
pool habitat was identified near the international
border. These sensitive resources. are planned to
be conserved or mitigated as part of the Conserva-
tion and Open Space Elements of the Specific
Plan. The areas to be conserved include: (I) the
eastern hillside area which has both steep slopes
and coastal sage scrub. the habitat for the Califor-
nia gnatcatcher; (2) Johnson Canyon. which has
steep slopes; (3) an area west of Johnson Canyon
containing both coastal sage scrub and vernal pool
habitats. In order to conserve these areas. the
Specific Plan designates the above areas as Rural
Residential. a low density use. The areas where
mitigation of sensitive resources is proposed are
planned for Mixed Industrial and Commercial
land use. see Figure 0-2.
.
It is the objectivt of the Specific Plan to encourage
the acquiSition or exaction of Rural Residential
planned land use for open space as a potential
means of mitigating environmental impact of de-
velopment on areas planned for Mixed Industrial
and COIlllllercial land use consistent with State
and Federa1law. Furthennore. to insure appropri-
ate mitigation. any proposed development, in-
cluding clearing and grading. in aforementioned
areas determined to have biological resources
and/or steep slopes is subject to a "0" Designator
and the Sensitive Resource Area Regulations of
the Zoning Ordinance. The Specific Plan also
requires that priorto approving any subdivision of
land or other discretionary permit with a "0"
Designator. a Resource Conservation Plan be
prepared to identify lIppI'Opriate mitigation strate-
gies to be approved by the County and appropriate
State and Federal wildlife agencies.
Execurive SUlflmary 5
.
Development of land with steep slopes and/or
sensitive biological resources must minimize en-
croachments. Encroachments on steep slopes
(areas greater than IS9< slope) and unique vegeta-
tion communities or habitats of rare or endangered
species of plants or animals shall be avoided.
Impacts to sensitive resources in these areas wi\1
be mitigated at the discretionary review stage
prior to approval of any discretionary permits.
Significant cultural resources (archaeological and
historical sites) have been identified within the
Specific Planning Area. The locations of these
resources have not been identified on any maps to
protect their integrity. Mitigation of impacts to
significant cultural resource sites must be accom-
plished at the discretionary review level prior to
approval of any permits.
Open Space: The protection of sensitive lands
conserves open space values as well as provides
recreation opportunities. Johnson Canyon. in
particular. is located in the Focused Planning Area
(FPA) of the Otay River Valley Regional Park.
Proposed industrial or commercial projects in the
Regional Park's FP A will be subjected to en-
hanced design review pursuant to the Community
Design Review Regulations of the Zoning Code
and as described in the Regulatory Section of the
Specific Plan below. Moreover. property owners
will be required to dedicate easements within the
Specific Plan Area for the planned trails as part of
the discretionary review process in order to facili-
tate connections to the Regional Park.
Circulation
Proposed Regional Highways Faciliries: Future
regional highways are essential to support planned
land uses in EastOtay Mesa. Accordingly. County
project staff and State of California Department of
Transportation (CaltranS) have been involved in
cooperatively planning future freeway and tollway
facilities to promote optimum access to the East
Otay Mesa Specific Plan Area. The key regional
highways that would link the Specific Plan Area to
the rest of the region include: SR-12S. SR-9OS.
SR-54. The proposed SR-I25 tollway and SR-
90S freeway are critical to accommodating the
future development of both the East Otay Mesa
and West Otay Mesa (City) areas. Currently
environmental stUdies are underway for SR-12S
by Caltrans. Financing for the consttuction of
these two freeways has not been fully realized.
Property owners in City and County may have to
participate with other benefiting jurisdictions in
fair share financing of regional road improve-
ments.
Proposed Local Road Facilities: The proposed
Circulation Plan. consisting of Industrial/Com-
mercial Roads. Industrial/Commercial Collectors.
Major Roads. Prime Arterials and Freeways.
provides the framework of roads to serve the
anticipated development in East Otay Mesa. Fig-
ure 0-2. East Ota~ Mesa Specific Plan. indicates
the recommended road system to accommodate
the ultimate projected traffic volumes. Property
owners in the East Otay Mesa will be responsible
for financing all local roads except freeways and
roads on the City/County border. where the cost
will be shared with City property owners.
The main factors that determined the recotnmended
street system include: the existing street align-
ments. the planned new regional routes. linkages
with planned facilities in neighboring jurisdic-
tions, physical constraints and planned land use.
All facilities in the proposed circulation network
are projected to operate at Level of Service "C".
Otay Mesa Road between the SR-l25 northbound
/ SR-90S eastbound ramps and Sanyo Drive is
expected to serve heavy travel demand. Accord-
6 Eo" Oray Mesa Specific Plan
/~ -1'1-
-
ingly. additional turning and through lanes are
proposed to address the higher level of travel
demand.
Proposed Road and ParkK'Q)' Standards: The
Public Roads Standards of the County of San
Diego Depanment of Public Works (DPW) estab-
lish detailed standards for all roadways. including
right-of-way, local access. intersection spacing
and alignment. driveway widths. and locations.
These standards are also recommended for the
Specific Plan Area. All roads in the Circulation
Plan would also serve as trUck routes. Coordina-
tion with the City of San Diego: There are several
locations where the Circulation Element roads
vary between the City and County jurisdictions.
For example. in some cases the recommended
number of lanes is different for the same facility
on either side of the jurisdictional boundary. The
County will continue to coordinate with the City
of San Diego on resolving these differences. Ini-
tial contacts by project staff with the City staff
have indicated that these differences can be re-
solved.
Alternative Modes ofTransponation: In the near
term. a regional public bus system is being planned
by the San Diego Metropolitan Transit Develop-
ment Board (MTDB) for the East Otay Mesa
within the Specific Plan Area. Regional bus stops
are planned to be located near the ramp terminals
of planned freeways. In the long term. light rail
transit is planned to serve East Otay Mesa from
existing service in Chula Vista and San Y sidro to
be operated by MTDB. This planned north-south
line would operate adjacent to the SR-l2S align-
ment. and the planned light rail east-west line from
San Y sidro to Otay Mesa Border Crossing would
operate adjacent to Otay Mesa Road. An
intennodal transfer station is planned to be located
in East Otay Mesa at the interseCtion of the two
planned light rail lines near the ramp terminals of
State Routes I :!SI9OS.
Commercial land use is planned adjacent to the
light rail transfer station to encourage and facili-
tate transit-oriented development. In addition.
freeway ramps are designed to provide direct
access forbuses and private vehicles to the planned
light rail transfer station to funher promote
intermodal access. MTDB has planned a concep-
tual local bus loop route to link the light raill
regional bus transfer facility to the planned indus-
trial land uses in East Otay Mesa and the City's
West Otay Mesa. No funding sources have been
identified or commined for the planned regional
bus. light rail lines, or the local bus loop service at
this time.
Freight Rai! Service: Development offreight rail
service in the Specific Plan Area along Airway
Road connecting with existing rail service near the
San Y sidro Border Crossing is currently being
studied. There ~ no adopted plans to implement
such service. However. if a freight rail line along
Airway ROad proves feasible. the development of
such service should be encouraged. It should be
pointed out that implementation of a freight rail
line would require additional right of way which
may necessitate an amendment to the Specific
Plan to define land reservation or dedication
requirements. At this time. it is anticipated that
future freight rail service in Otay Mesa would be
developed independently of planned light rail
transit service.
Bicycle Routes and Facilities and Pedestrian Cir-
cuJotion: TheCirculation Element allows bicycles
in mixed flow on all Circulation Element roads. In
addition. it encourages MTDB to provide bike
lockers at the planned light rail transfer station.
Pedestrian circulation is encouraged by providing
l'f-If
Executive S"",mtlry 7
sidewalks and attractive streetscape for all planned
roadways. Site planning to promote pedestrian
circulation is also strongly encouraged between
industrial and support commercial uses as well as
within the regional commercial area in conjunc-
tion with the light rail transfer station.
Regional Transportarion Managemenr: The Spe-
cific Plan recommends that the County continue to
work with other agencies in the region to comply
with the San Diego County Regional Growth Man-
agement Strategy, Congestion Management Pro-
gram, and Air Quality Plan Transportation Control
Measures. Future businesses within East Otay
Mesa wi\1 be required to form, participate and
finance the Transportation System Management
(TSM) and Transportation Demand Management
(TOM) programs in compliance with the Regional
Transportation Demand ManagementProgramand
the Public Facility Element ofthe County's Gen-
eral Plan.
Transportarion Moniroring Program: The Spe-
cific Plan proposes to establish a Traffic Monitor-
ing Program to maintain acceptable Levels of
Service on the road system. The Traffic Monitor-
ing Program wi\1 identify the impacts of develop-
ment until such time as the circulation network: for
East Otay Mesa is fully developed. This program
wi\1 inc lude bi-annual traffic counts on selected
facilities to ascertain the amount of traffic gener-
ated by specific types of development in East Otay
Mesa. allowing for determining the need to modify
the circulation network:.
Orher Regional Circulation Considerations: There
are several major projects in the region that could
affect the Circulation Element for East Otay Mesa.
The most significant project includes: a potential
additional international border crossing in East
Otay Mesa. cast of the existing Otay Mesa Intema-
B Ea" Olay Mesa Specific Plan
~tf -Ie,
tional BorderCrossing: and the possible extension
of SR-905 freeway to serve the proposed future
border crossing.
Urban Design
The area-wide design concept for East Otay Mesa
is to create a high quality industrial and business
district surrounded by the natural land forms of the
San Ysidro Mountains and Otay River Valley.
The uniqueness of the natural setting and the
proposed special design elements of the Specific
Plan can serve to create a distinctive and urban
image for the future industrial and commercial
development in East Otay Mesa.
A distinctive public streetscape design is a key
desigri element in aChieving a high quality urban
design vision for East Otay Mesa. A Streetscape
Plan has been formulated for each type of road,
specifying a softscape median, street trees in the
public parkway right-of-way, and 25- to 35-foot
deep landscape setbacks adjacent to the parkway
on private property to be improved by fronting
property owners. A special paint color for street
lights and a customized street blade sign design
are also proposed.
The other important component in achieving the
desired urban design vision is high quality site
planning and building design for each private
development. In order to achieve this objective..
the industria1 and commercial districts of East
Otay Mesa Specific Plan Area are subject to
Community Design Review AreaRegulations and
are given a "B" Designator pursuant the Zoning
Ordinance. CustOl1lized Site Planning andDcsign
Guidelines have been prepared in a separate docu-
ment which are to serve as the basis for imple-
menting the design review process by County staff
and the proposed Community Design Review
Board. The Specific Plan also encourages the
.A
provision of other amenities. such as public an. to
further enhance the image and marketability of the
Specific Plan Area.
Public Facilities
The Specific Plan proposes a comprehensive plan
of infrastrUcture and public facilities to serve
planned development. All of the facilities will be
financed by the propeny owners except where
otherwise stated.
Water: Otay Water District has indicated that
there is sufficient existing and planned transmis-
sion capacity and water storage to accommodate
all future development in East Otay Mesa.
Wastewater Collection and Treatment: In the
shon-term. the County has negotiated the acquisi-
tionofa \.0 million gallon per day. (mgd) capacity
of San Diego Metropolitan Sewage System (Metro)
treatment capacity from National City. This ca-
pacity is currently being held by the Spring Valley
Sanitation District. An East Otay Mesa Sanitation
District will be fonned to transfer this capacity to
the Specific Plan Area from Spring Valley. This
capacity is adequate to serve 500 gross acres of
industriaVcommercial development. Ultimately,
East Otay Mesa would be served either by Metro or
by an on-site treatment facility. At this time,
connection to Metro is being proposed. and on-site
wastewater treatment facility is considered as an
alternative. However, the fina1 determinatiOll of the
ultimate treatment alternative will be based 011 cost,
financing and the timing of avai1able capacity.
Reclaimed Water: The projected demand for re-
claimed waterforthisarea would be provided from
a future Otay Valley Treatment Plant as pan of the
Metro system; or altematively from an on-site
wastewater treatment facility. Otay Water District
would be the responsible purveyor of reclaimed
water.
I if-I'?
Storm Water Drainage: In orderto accommodate
planned development and to ensure historical flow
rates are not exceeded at the City of San Diego
jurisdiction limits and the United StateslMexico
border, a comprehensive Flood Control Master
Plan for the East Otay Mesa Specific Plan Area
bas been prepared. In the nonhern watershed
region. stonn water can drain to the Otay River
Valley without detention. On-site stonn water
detention facilities are planned for the smaller
sub-watenhed regions that drain toward the City
of San Diego. Regional detention facilities are
also planned for the larger southern sub-water-
shed region that also drain to Mexico.
D/')' Utilities: Electrical power and natural gas are
provided by San Diego Gas and Electric Com-
pany. Telephone service is provided by Pacific
Bell. Existing service connection points. which
currently renninate at the western boundary of the
Specific Plan Area. can be extended to serve
planned development. No off-site capacity con-
straints are idel!tified by service providers.
Fire ProtectionandEmergenC)' Medical Services:
The Rural Fire Protection District of San Diego
County is the responsible agency providing these
services in East Otay Mesa. Annexation of a
westerly ponion of the Specific Plan Area into the
Fire Protection District is required. A proposed
ftre station may be located on a site which bas been
dedicated for that purpose at Alta and Otay Mesa
Roads. Alternatively, consideration bas been
given to developing a joint operating agreement
with the City of San Diego to provide fire protec-
tion and/or emergency medical service from a
planned City fire station at Brown Field iffeasible.
A plan for providing fire protection facilities and
services, including establishment of funding
mechanisms, must be in place before any Final
Maps are recorded.
E~ecllt;vt Su.mary 9
La..... Enforcement: The County Sheriff s Depan-
ment currently provides law enforcement service
in East Otay Mesa. The Sheriff s Depanment has
indicated a desire to locale a new sheriff s substa-
tion in East Otay Mesa prior to any significant
level of development. Adequate space exists to
accommodate the sheriff s substation on the fire
station site at Alta and Otay Mesa Roads. Financ-
ing for law enforcement facilities and service ue
based on Countywide policies.
Child Care: Modem industrial and business parks
ue providing child cue services as an amenity to
attract and retain tenants. Data provided by the
County Child Cue Coordinator indicates that
there may be a demand for child care services for
up to 150 children in East _OtayMesa at full
buildout. depending on the child cue needs of the
future daytime population in the area. In order to
accommodate this demand. child care facilities
ue allowed to be located in the planned regional
and district commercial areas. Locating a child
cue facility in the proximity of public transit
services is highly encouraged.
Solid Waste: Solid waste will be collected by
private operators under permit from the County.
All businesses in East Otay Mesa would be re-
quired to abide by all applicable County ordi-
nances requiring recycling of certain materials.
The County is conducting environmental review
of three candidate sites. one of which is in East
Otay Mesa. for a future solid waste diSposal facil-
ity to serve the South County area. In the event
that none of the sites proves feasible. there may not
be adequate capacity to support future develop-
ment in the South County area.
Hazardous Materials: The County Department
of Health Services regulates and inspects the stor-
age and handling of hazardous materials. The
10 East Oray M'Ja sp.cific Plan
It/- -I!
Hazardous Incident Response Team (HIRTI will
provide highly trained teams of hazardous materi-
als experts to serve future development in East
Otay Mesa.
Facility Phasing, Financing,
and Implementation
The Specific Plan proposes that public facilities in
East Otay Mesa be phased non-geographically
and financed through the equitable panicipation
of all benefiting property owners.
Phasing: Based on extensive analysis. it is deter-
mined that the first phase of public facilities in
East Otay Mesa support approximately 500 gross
acres offuture development. A key factor in this
determination is the 1.0 million gallons per day
(mgd) threshold of wastewater treatment capacity
available from Metro which the County acquired
via the National City agreement.
The capital improvements that ue recommended
by the Plan to be included as pan of phase one. to
be financed by th.e property owners. include:
. Fair shue contribution to off-site road im-
provements. as part of a regional financ-
ing strategy
. Acquisition of Metro wastewater treatment
capacity
. On-siteroedand infrastrUCtUre improvementsto
serve the affected properties
. Establishment of funding mechanisms for
fire services and facilities
Financing: The preferred strategy for financing
backbone or area-wide capital facilities is to: (I)
for phase one improvements, use land secured
public debt instrUments; e.g.. Assessment Act
proceedings; and (2) for subsequent phases of
improvements; utilize a combination of impact
fees. reimbursement agreements. additional land
secured public debt financing instruments. andlor
revenue bonds. However. conditions of develop-
ment approval will be placed on individual parcels
that require public facilities and services be built
only to the extent needed to serve its demand. In
cases where oversizing is needed for future de-
mand. the County wi\1 consider reimbursement
agreements.
Operation and maintenance costs of these facili-
ties will be financed in several ways: (I) through
the County General Fund. (2) by user fees from
established utility service providers. (3) by taXes
or assessments established by a County Service
Area or Local Improvement District (see Glossary
for definition). andlor (4) by user fees and benefit
fees established by Special Districts to augment
their general operating budgets for specific ser-
vices.
Implementation: The property owners have the
primary responsibility of implementing the re-
quired on-site infrastructure and public facility
improvements. Implementation wi\1include for-
mation of a Local Improvement Districtls). Fee
Districts. and Special Districts (e.g.. the Sanita-
tion District).
To implement regional facilities. such as roads.
where other jurisdictions will benefit from the
required improvements. it is recommended that
the County enter into joint powers agreements
and/or other similar methods with the benefiting
jurisdictions (City of San Diego and City ofChula
Vista) to equitably finance these regional facili-
ties. Conditions on individual project approval
may be required. to the extent necessary to ensure
the provision of adequate facilities and services.
/1-11
In order to administer the development of the East
Otay Mesa District. it is also recommended that
the County and propeny owners considerfonning
a Local Development Corporation (LDC) for East
Otay Mesa or other suitable entity capable of
coordinating development activities in East Otay
Mesa. The LOC would be a nonprofit corporation
that could assume c:enain responsibilities subject
to the Board of Supervisors approval. such as
review and update of the Facility Phasing and
Financing Plan coordination.lIllII'keting and other
economic development services.
Schedule: East Otay Mesa Specific Plan Area is
scheduled to permit development contingent upon
construction of off-site road improvements antici.
pated to occur by 1998.
.'
Executive Summary 11
0.4
Regulatory
Provisions and
Design Guidelines
Development Review Process
There are up to four steps in the development
review process for all projects in East Otay Mesa:
(1 ) The Subdivision Ordinance mandates a review
ofland division to result in an approved Tentative
Map and Final Map; (2) Special Area Designators
require a Site Plan review in conformity with the
Site Planning and Design Guidelines and/or Re-
source Conservation Plan that result in an ap-
proved Site Plan; (3) Building Review includes a
plan check of construction documents to comply
with adopted codes and ordinances; and (4) Cer-
tain projects require a Zoning Review Process
(administrative permit. minor use permit or major
use permit) for land uses that are not "permitted-
as-of-right'. in the Land Use Regulations of the
Specific Plan. All four types of permit applica-
tions may be processed either concurrently or
separately. The review process for each type of
permit is briefly described below.
Subdivision Map Revie.... Process: Tentative sub-
division map, tentative parcel map, and parcel
map waiver applications wil1 meet requirements
of State and County law and must be consistent
with the Specific Plan.
Sire Plan Permir Review process: All develop-
ment including clearing and grading in an area
with a "G" Designator requires a Site Plan review
pursuant to the Sensitive Resource Area Regula-
tions of the Zoning Ordinance to determine con-
sistency with an approved Resource Conservation
Plan. Also, all projects within planned industrial.
and commercial areas have a "B" Designator and
require a Site Plan review pursuant to the Commu-
12 EaJl Dray Mesa Specific Plan
If -:;-0
nity Design Review Regulations of the Zoning
Ordinance. Proposals are reviewed for consis-
tency with the Specific Plan and Site Planning and
Design Guidelines.
Building Revie.... Process: All projects that re-
quire a Building or other permit in the County of
San Diego are subject to all applicable codes and
ordinances.
Zoning Revie.... Process: The land use regulations
of the Specific Plan allow certain uses only by
Administrative. Minor, or Major Use Permit.
Development Regulations
Several types of development regulations and
guidelines have been prepared as part of the Spe-
cific Plan to guide development in East Otay
Mesa. The narrative below describes each type of
regulation or guidelines.
Subdivision Regularions: Standards are estab-
lished for minimum lot size and lot dimensions,
and Design Gu!delines address issues related to
site planning. The Specific Plan also requires that
issues related to sensitive environmental resources
be resolved during the subdivision process.
Land Use Regularions: For each land use, the
Specific Plan specifies permitted uses. permitted
uses subject to limitations. and uses subject to an
administrative, minor or major use permit.
Sensirive Resource Area Regulations ("G" Des-
ignaror): All parcels that have steep slopes and/or
maximum to high biological resource sensitivity
(as identified by the Environmental Resources
and Constraints Study and the potential vema!
pool habitat identified during the preparation of
the EIR) are given a "G" Designator and are
subject to the Sensitive Resource Area Regula-
tions ofthe Zoning Ordinance. Any development
including clearing and grading requires that there
be a detailed Site Plan review process to ensure
that the proposed project will avoid and/or miti-
gate any impacts on environmentally sensitive
lands. Potential impacts to environmentally sen-
sitive lands will be mitigated prior to approval of
any discretionary permits. Encroachments into
steep slopes (greater than 15%). unique vegeta-
tion communities or habitats of rare or endangered
species of plants or animals shall be avoided.
In addition. an approved Resource Conservation
Plan is required prior to any development includ-
ing clearing and grading for parcels with a "G"
Designator. The purpose of the Resource Conser-
vation Plan is for the property owner to prepare
mitigation strategies to mitigate impacts to habitat
and endangered species on their site acceptable to
the County and. if required. appropriate State and
Federal wildlife agencies.
Community Design Review Area Regulations ( "B"
Desig/ultorJ and Site Planning and Design Guide-
lines: All areas planned for industrial and com-
mercialland use in the East Otay Mesa Specific
Plan Area are given a "B" Designator and are
subject to the Community Design Review Area
Regulations of the Zoning Ordinance.
The East Otay Mesa Site Planning and Design
Guidelines. under separate cover. herein referred
to as "Design Guidelines." serve as the criteria for
the Site Plan review and other discretionary project
reviews to be conducted by County staff and the
Community Design Review Board. The main
goal of the Design Guidelines is to create an
industrial and business district that has a strong
identity and is a place of distinction and quality.
The Design Guidelines cover the following site
planning issues: grading: circulation. parking and
It/- -,;11
loading: structures: landscaping; fencing and
screening: signage: lighting: and public utility
structures. The building design guidelines ad-
dress features such as: building form and massing;
elevation treatment: elevation materials; entrances.
windows. and doors: roofs; and climatic consider-
ations.
Development StandDrds: For each land use. stan-
dards areestablished fordensity or intensity. build-
ing height and coverage. Special detailed stan-
dards. unique to East Otay Mesa. are established
for building setbacks. usable open space and park-
ing.
Ex.ell/iv. Sllmmary Jj
,
~
.
,
.
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.
';,;W~;:,:';r:;::::::.:::;"':
~
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iili
EAST OT A Y MESA SPECIFIC PLAN
PLANNED LAND USE TABULATION
Land Use
Mixed Industrial
Conunercial
Regional Conunercial
District Conunercial
Public
Fire & Sheriff
MTDB Station
Residential
Hillside
SR-125 and MTDB Station
Rights-of-Way
Total Gross Acres
Acres (Gross)
2,359.55
129.63
24.39
1.79
4.92
753.40
26.44
ILf -;;"'3 / I'-/-Zb
3,300.12
ATTACHMENT 2
/ Y' -~ S'
ATTACHMENT 2
May 3, 1994
County of San Diego
Board of Supervisors
Room 306, County Administration Center
San Diego, CA 92101
Subject:
East Otay Mesa Specific Plan and Final EIR (GPA-94-02; Log No. 93-19-6)
Honorable Chair and Members of the Board:
The purpose of this letter is to outline concerns of the City of Chula Vista with regard to the
final draft East Otay Mesa Specific Plan and accompanying Final Environmental Impact Report
(FEIR), and request that the Board of Supervisors postpone final action on the project to enable
the City and County to address concerns with the analysis contained in the FEIR as well as
policies contained or lacking in the East Otay Mesa Specific Plan. As with the cooperative
effort enjoyed between the City and County on processing of the Otay Ranch project, the City
Council would like to continue this mutual effort in resolving issues related to the East Otay
Mesa Specific Plan.
On March 15, 1994, the City Manager of the City of Chula Vista forwarded a letter to your
Planning Commission outlining concerns that the City has with the proposed Specific Plan and
FEIR. Meetings have occurred between County and City staffs in an effort to clarify issues and,
where possible, reach solutions to a few outstanding significant concerns. On May 3, 1994, the
City Council reviewed a report from City staff regarding the proposed Specific Plan and FEIR
and voted unanimously to forward this request for postponement of final action and the
comments contained in this letter to the Board.
COMMENTS
In January, 1994, the City of Chula Vista reviewed the Draft EIR (DEIR) and Specific Plan for
the above referenced project and submitted substantial comments regarding both documents on
issues including CEQA inconsistencies and potential impacts to transportation, land use, biology
and mitigation monitoring, which, in our opinion, were not adequately addressed in either
document. The City received the responses to comments made on the DEIR. However, based
on our review of the adequacy of the DEIR responses received and the revised Specific Plan,
I tf~ .1..1
_\0
\.
Board of Supervisors
-2-
May 3, 1994
the City of Chula Vista remains unsatisfied with the level of analysis in the FEIR for this
project, the lack of sufficient documentation to support these responses, and the lack of adequate
implementation policies contained in the Specific Plan.
In our opinion, the FEIR and the Specific Plan fail to provide adequate implementation and
mitigation measures to demonstrate the feasibility of the Plan's goals and policies, or those of
the current Otay Subregional Plan. The areas of concern that the City wishes to address are:
1) the lack of adequate analysis and recommended mitigation measures for off-site
circulation impacts,
2) the lack of an adequate transportation phasing and fmancing plan for circulation facilities
serving East Otay Mesa, and
3) the lack of policies which will effectively monitor the balance of jobs-to-housing in the
region and mitigate facility impacts that would result from a potential jobs/housing
imbalance.
Our specific concerns with the issues noted are summarized in the following sections. Included
in this discussion are specific recommendations that address both the concerns of the City and
the mitigation of project impacts that the Board may want to consider before taking final action
on the project.
Circulation Analvsis
City staff has been meeting with County staff in an effort to examine and identify potential off-
site circulation impacts north of the Otay River which the FEIR has not identified. The City of
Chula Vista has received a portion of the information and is still concerned about having the
FEIR identify potential off-site circulation impacts to intersections and roadway segments within
areas north of the Otay Ranch.
Areas that appear to be impacted include the intersection of Telegraph Canyon Road and Otay
Lakes Road, as well as other major intersections and roadway segments within the Otay Ranch
which will experience an approximate 10% increase of traffic. County staff has stated that if
Transportation Demand Management (TDM) and Village Design Assumptions were applied to
the Otay Ranch roadway segments, traffic levels would be reduced by as much as 10%, thereby
reducing any perceived impacts to the level identified in the approved Otay Ranch project.
TDM and Village Design Assumptions would result in a reduction of automobile trips based on
a greater use of alternate forms of transportation, including transit facilities, resulting from
transit-oriented village design. However, TDM and Village Design Assumptions should not be
relied upon when identifying potential traffic impacts and mitigation in the EIR. The Otay
) -'1- ~..1
Board of Supervisors
-3-
May 3, 1994
Ranch Program EIR did a worst case analysis without the benefit of TDM and Village Design
Assumptions. It is recommended that the final EIR be revised to reflect this approach.
Public Facility Phasinl! and Financinl!
The approach contained in the East atay Mesa Specific Plan to the issue of providing a public
facility phasing and financing program for regional or subregional facilities consists of applying
conditions to Tentative Subdivision Map approvals requiring each developer to prepare individual
traffic studies prior to Final Map recordation, and requiring each to commit to any regional
facility financing program, when and if developed. Policies in the existing atay Subregional
Plan which call for the preparation of facility financing and phasing plans in conjunction with
the Specific Plan are proposed for deletion.
The City has determined that the Specific Plan and EIR traffic analysis is incomplete and fails
to provide assurances that fmancing for the construction of regional circulation facilities
necessary for the development of the East atay Mesa will be provided. In addition, the specific
approach to facility phasing and financing does not appear to be workable, since it does not give
developers a clear indication of what types of fees they may be faced with following approval
of the Tentative Map, nor does it require developers within a given phase of development to
cooperatively fmance the preparation of a financing plan. A facility phasing and fmancing
program should be required prior to approval of any Tentative Subdivision Maps within a given
phase. The Specific Plan should clearly identify what the regional facility phasing and financing
program would contain.
Jobs/Housinl!
The East atay Mesa Specific Plan and EIR do not adequately address the issue of jobs/housing
balance within the South Bay subregion. The City's concern is that an imbalance, wherein there
would be an overabundance of industrial development on the atay Mesa without adequate
housing opportunities in the vicinity, would lead to greater traffic impacts and corresponding air
pollution impacts by resulting in longer trips from home to work and reduced use of alternative
transportation modes.
The City is concerned that if the Specific Plan does not contain policies which address the
ongoing monitoring of jobs/housing balance within the subregion, the pace of industrial
development could exceed that of residential development, with the result that traffic and air
pollution impacts would be increased from those projected in the EIR. Another result could be
that the financing and construction of needed roadways and/or mass transit facilities through
residential projects such as atay Ranch could occur later than projected, resulting in even greater
traffic congestion problems. In response to this concern, it is recommended that the facility
phasing and financing program include provisions for ongoing monitoring of the jobs-to-housing
/4-,J..Cj
Board of Supervisors
-4-
May 3, 1994
ratio in the subregion, and have provisions for modifying the program accordingly, including
the adjustment of phasing for transit facilities.
Recommendations
Based on our analysis of the proposed East Otay Mesa Specific Plan and EIR, and the issues
which are outlined above, it is recommended that the following changes be made:
1) the final EIR should be revised to incorporate the cumulative traffic analysis which has
recently been completed by County staff. In addition, the EIR should include specific
mitigation measures for significant impacts which are identified in the EIR, including
both roadway improvements and non-automobile transportation improvements, such as
mass transit facilities and transportation demand measures.
2) the Specific Plan should be amended to include a requirement for the preparation of
Public Facility Financing and Phasing Plans for each individual phase of development
prior to the approval of tentative maps for development within that phase. These plans
should be developed in accordance with specific guidelines to be included in the Plan,
and should be based on principles contained in the "growth management" chapter of the
Otay Ranch General Development Plan / Subregional Plan.
The City of Chula Vista appreciates the opportunity to provide comments on the Final EIR for
the East Otay Mesa Specific Plan project and matters relating to the planning and development
of Otay Mesa. We respectfully request that the Board postpone final action on the Specific Plan
to enable executive staff to further discuss potential solutions to the above significant issues and
look forward to your response and consideration on the above matters.
Sincerely,
John D. Goss
City Manager
cc:
City Council
Lauren Wasserman, Director of Planning (County)
Sid Morris, Assistant City Manager
George Krempl, Deputy City Manager
Robert Leiter, Director of Planning (City)
(f: \home\planning\duane\eom-bd.ltr)
/1- 30 / Ii -.32
ATTACHMENT 3
I". ,)' .).::>.- ..,~ '"
MODIFICATIONS TO OTAY SUBREGIONAL PLAN
The following are policies contained in the current Otay Subregional Plan text which are
proposed to be deleted concurrent with the adoption of the East Otay Mesa Specific Plan:
3E: OTAY SUBREGIONAL PLAN TEXT
II.
2.
Public Services and Facilities
a. Public facilities performance standards shall be established for the
Specific Plan Area in conjunction with a Financing Plan for an
equitable financing of all required public services and facilities.
Facilities shall be available prior to the needs of the development.
II.
3.
Circulation
a. Establish transportation facilities performance standards in
conjunction with a Regional Transportation Facility Financing Plan
to address all circulation improvement needs generated by the East
Otay Mesa project.
III.
1.
Transportation Facilities Financing Plan
This Plan will identify onsite, offsite, and connecting circulation system
improvements necessary to support the traffic generated by the East Otay
Mesa SPA at specified developmental thresholds. The Plan shall establish
financing mechanisms for financing construction of the system. Also this
Plan shall establish adequate transportation facilities performance
standards.
III.
3.
Public Facilities Financing and Phasing Plan
a) Wastewater Financing Plan to provide an equitable Financing Plan
consistent with available capacity and infrastructure for distribution of
existing and planned sewer service throughout the industrial area; and b)
1-9-33
Modifications to Otay Subregional Plan
Page 2
Public Facilities Phasing and Financing Plan to evaluate the adequacy of
existing facilities in the area and determine future facility needs such as
law enforcement, fIre protection, water availability, animal control, child
care, parks, library, solid and hazardous waste disposal.
III.
4.
Specific Plan
The Specific Plan shall be prepared following the completion of the
studies mentioned above. This may involve acquiring the services of
private planning consultants, however, all work shall be managed by
County planning staff in conjunction with landowners. The cost of
preparing the Specific Plan shall be assumed by the property owners
within the SPA through the establishment of the appropriate financing
mechanism.
III.
7.
Phasing
The SpecifIc Plan process shall allow development to proceed as one
geographic phase. However, ultimate Development shall be authorized
where the ability to provide adequate public facilities and services has
been demonstrated. Upon completion of the above-mentioned studies, and
at the time the draft Enviromnental Impact Report has been prepared,
subdivision applications may be submitted and processed in conjunction
with the SpecifIc Plan, however subdivision applications will only be
approved after adoption of the Specific Plan and certification of the final
Enviromnental Impact Report by the Board of Supervisors and consistent
with the adopted SpecifIc Plan guidelines and conditions.
(F:\HOMEIPLANNINGIDUANE\PLANTEXT)
/f-~4 /1'f-8{p
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ATIACHMENT 4
. .
"
STIPULATED SETTLEMENT AGREEMENT
BETWEEN
CITY OF CHULA VISTA
AND
COUNTY OF SAN DIEGO
THIS STIPULATED SETTLEMENT AGREEMENT is entered into on
the 17 day of A,pt 1 , 1985, by and between the
CITY OF CHULA VISTA the "City"), the COUNTY OF SAN DIEGO (Uthe
County") .
RECITALS
WHEREAS, the County has prepared and approved an
amendment to the San Diego County General Plan, known as the Otay
Subregional Plan, pursuant to Government Code ~65300, et seq., and
~
WHEREAS, the County prepared an environmental impact
report relating to the General Plan Amendment and certified said
environmental impact report as being complete and in compliance
with the requirements of the California Environmental Quality Act
on August 22, 1984, and
WHEREAS, the City
regarding the analysis of
raised on the subjects of:
of Chula Vista has expressed concern
the signi ficant environmental issues
(1) Public facilities:
(2)
Growth inducement due to changes in
Element for those areas outside
boundaries:
the Circulation
the Otay Mesa
(3) Traffic circulation and its impacts on
surrounding juriSdictions, specifically
the City of Chula Vista, and
WHEREAS, the parties wish to enter this Agreement to
alleviate any adverse environmental impact which may be caused to
the City by the County's approval of development in the Otay Mesa
Subregional Area.
NOW, THEREFORE, for and in consideration of the
foregoing, the parties do hereby agree as follows:
1. Prior to rezoning of all or any portion of the Otay
Subregional Plan, County shall complete and certify a
supplemental environmental impact report (EIR) which considers
the potential environmental consequences of alternative land uses
which may reduce significant impacts on the City of Chula Vista.
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2. The scope of work for the supplemental environmental
report referred to in paragraph 1 shall be reviewed by the Policy
Committee of the Otay Mesa Task Force prior to the preparation of
the supplemental EIR. The Task Force shall agree that the scope
of work for the preparation of the supplemental EIR is to address
the concerns of the City of Chula Vista and other affected areas.
The scope of work shall include, but not be limited to:
a. Alternative land uses for the Otay Mesa
Subregional Plan.
b. Development timing and phasing to
assure an orderly and planned sequence
of development for the Otay Mesa Area.
c. An analysis of cumulative traffic
impacts on the City of Chula Vista and
and City of San Diego.
(1)
Traffic analysis shall
anticipated development
Otay Ranch;
include
of the
(2)
Traffic
include
EastLake
analysis
"build
I and II;
shall
out" of
also
the
(3) Traffic analysis shall include
anticipated development of the
undeveloped land north of
EastLake I in the vicinity of
Mother Miguel Mountain cur~ently
owned by Moreland Develop-
ment/Union Oil Company;
(4) Traffic analysis shall include
the City of San Diego Otay Mesa
Community Plan.
3. Any significant impacts identified by the
supplemental EIR shall be thoroughly evaluated with consideration
given to development timing and phasing, feasible reductions in
land use intensity and/or the addition of new transportation
facilities to reduce traffic impacts to a level of
insignificance. "Transportation facilities" shall include,
roads, mass transit and other transportation alternatives.
".
4. Findings relative
legally adequate as defined
California Administrative Code.
to the supplemental EIR shall be
by ~1509l of Title 14 of the
5. City shall provide any and all available data to
assist the County in the preparation of the supplemental EIR.
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6. By this Stipulated Settlement Agreement, the parties
intend to resolve all differences with respect to the County's
action in amending the Regional Land Use Element and the
Circulation Element of the San Diego County General Plan for the
otay Subregional Area on August 22, 1984. The parties hereto
agree to cooperate in having this Stipulated Settlement Agreement
filed with the Court. Upon execution by the parties of this
Agreement, City shall voluntarily dismiss its petition in that
action entitled Cit of Chula Vista v. Count of San Die 0, and
Does I through X, Inclusive Superior Court No. 528348 .
7. This Stipulated Settlement Agreement constitutes the
entire, complete and final expression of the parties. Each party
shall be responsible for its own attorney's fees and other
related costs, including but not limited to, the staff time
needed to comply with the terms of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this
Agreement on the date and year first above written.
CITY OF CHULA VISTA
By d! / aLL
MAYOR PRO TElolPORE
ATTEST:
a;~~ /;}~L14-4/'
~i ty Clerk P
COUNTY
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Clerk' .;
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ATTEST:
kit. C:;rk cf t~., t.'::d c~ :''::;:?''/~or.s
APPROVED AS TO FORM AND LEGALITY
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County Couns
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Office
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ATTACHMENT 5
;-1-11
ATTACHMENT 5
MODIFICATIONS TO SPECIFIC PLAN
The following policy was added to the East Otay Specific Plan by County staff and the County
Planning Commission in response to concerns expressed by the City of Chula Vista:
REGIONAL FACILITY FINANCING
Policv C-17: Assure that necessary road imorovements are provided to mitigate oroiect
iimoacts.
Imolementation:
The County shall not grant tentative approval of any proposed
subdivision map or discretionary permit until a traffic study is
conducted and ReeesslIry eltimges life made conditions are imoosed
on the oroiect to ensure that LOS C will be obtained if it is shown
that the circulation network is operating below LOS "C" for on-
site roads or LOS "D" for off-site roads.
Property owners may, at their expense, conduct 24-hour traffic
counts at the driveways of industrial development in East Otay
Mesa on a periodic basis to provide supplemental information to
verify traffic generation rates for industrial development.
Policv F-5: Prooertv owners in East Otav Mesa shall contribute their fair share toward
financing the off-site transoortation facilities necessary to serve the
demand created bv East Otav Mesa.
Imolementation:
BIOLOGY
To the extent that East Otav Mesa contributes to the need for road
imorovements outside its boundaries. East Otav Mesa Dfooertv
owners shall mitigate their impacts bv oarticioating in imoact fee
orograms. or other means determined prior to recordation of anv
maos in East Otav Mesa. The regional financing ulan or impact
fee orogram shall be aooroved and adooted bv the Board of
Suoervisors.
Page 107, Section 3.2.6 Sensitive Resource Area Regulations ("G" Designator) and
Resource Conservation Plans.
11-- fo
Modifications to Specific Plan
Page 2
Add last sentence to the first paragraph to read:
For those areas that onlv contain steeD slooes. visual imoacts to the orooosed Otav Vallev
Regional Park and grading and erosion imoacts are to be carefullv reviewed and
addressed. For those areas containing biological resources. the intent of the Resource
Conservation Plan is to orovide mitigation as Dart of an overall regional orogram. such
as. but not limited to. the Natural Communities Conservation Plan (NCCP). Multiole
Soecies Conservation Plan (MSCP). Habitat Conservation Plan (HCP). or subregional
habitat Vlan for conservation of coastal sage scrub gnatcatcher habitat located in the
eastern foothill area.
(f: \home\planning\duane\gpa94-02 .add)
11--41/14-tf(P
ATTACHMENT 6
1'1-45
ATl'ACHMENT 6
Otay Ranch GDP/SRP D Part II
Chapter 9
Growth Management
Section A
Introduction
The Growth Management Chapter of the otay Ranch GDP /SRP
containS Goals. Pol1cIes. Objectives and Implementation Measures
governing the phasing of Otay Ranch to assure the efficient and
timely provision of public facilities concurrent with need and In
compliance with facllil~-specIfic policies and thresholds.
Chapter 9 is closely associated with. and must be implemented In
conjunction with. Part II. Chapter 5 - Capital Facilities. The
Capital Facility Chapter establishes facility-specific policies and
processing requirements. whUe this Chapter establishes the
procedural framework to ensure their implementation.
Otay Ranch phasing policies are contained In Section B. below.
They are implemented through the Village Phasing Plan.
The performance-based facility driven thresholds meld the Chula
Vista Facility Thresholds. the County Public FacIlity Element and
the draft Regional Growth Management Strategy. The thresholds
are contained In the Otay Ranch Facility Implementation Plan 1.
As an applicant receives each succeeding development approval.
the applicant must perform required steps leading to the timely
provision of the required facility. FaIlure to perform the required
step. curtails additional development approvals. The concept is
Illustrated below:
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An OIay Ranch Implemenlalion Prognun [)oc:ument as defined in ParI I, Chapter 7.
October 28. 1993
1<1-"11
Page 347
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Otay Ranch GDP/SRP C Part II
Perfonnance of Facility Thresholds
GDP/SRA
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Goo/a, 0li0ctYe0 & PoIicie. Eslablished.
Faciiity TIvoshoId. EsIabIished.
PIllcoIsing Reqlirements Establisl"Gd.
SPA
. Facility FlI1lIllCing Reined And Funding Soun:e IdentiIed Conoistsnt
Wdh GDP Goals, Olljecliv.. & Policies.
. F..i1i1y Demsnd snd Costs Calculated Consislont Willi Adopted Land
U...snd GDPOefined Me"odologies.
. Speci1ic FaciIiIy Fmancing snd Pl8sing Analysis Performed to Assin
Compliance Will Growth ManagementThr_..
. Faciliies Sited snd Zoning Idenilied.
Tentative
Map
. Subdivision Approved Conditioned Upon Asstaance 01 FaciIiIy Funding.
. Subdvision Approved Condi_ Upon P"""enl 01 Fees, ar ..
Dedication, Rooervation or ZDning 01 Land For Identified FaciiIies.
. Sulxtivision Approved Conditioned Upon eon.tJucIon 01 CeIIaIn FaciRty
Impmo"""...
Final Map
Tenlalive Map Concltions PerlotlIled.
. Lots Created.
Blilding
Pennit
. Impacl Feee Paid As Roquiled
8chibiI'R Performance of Facility Thresholds
The critical link between the thresholds and development
entitlements is Public FacUlty Financing and Phasing Plans
(PFFPPl. Section C. SPA Processing Requirements. imposes the
preparation of PFFPPs as a condition of approval of all SPAs. The
PFFPP requires the preparation and approval of phasing schedules
showing how and when facUlties and improvements necessary to
serve proposed development wUl ~ installed or financed to meet
the threshold standards. Including:
o An inventory of present and future requirements for each
fac1l1ty.
o A summary of factl1t1es cost.
o A facility phasing schedule establishing the timing for
installation or provisions of fac1l1ties.
o A financing plan Identifying the method of funding for each
facll1ty required.
October 28. 1993
Page 348
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Otay Raru:h GDP /SRP 0 Part II
IJ A fiscal Impact report analyzing SPA consistency with the
requirements and conclusions of the Otay Ranch Service
Revenue Plan.
Performance Is further assured through the preparation of an
annual monitoring report. as governed by Section D. This report
analyzes actual compliance with threshold standards and prQjects
the volume and location of future development and facilities to be
provided to meet the threshold standards. Failure to comply with
a threshold results In the imposition of an appropriate sanction
tied to the nature and severity of the shortfall.
Section B
Phasing
GOAL: DEVELOP CYrAY RANCH VILlAGES TO BALANCE
REGIONAL AND LOCAL PUBLIC NEEDS. RESPOND TO MARKET
FORCES. AND ASSURE 1HE EFFICIENT AND TIMELY PROVISION
OF PUBLIC SERVICES AND FAClLmES CONCURRENT WITH
NEED.
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Policy:
October 28, 1993
Coordinate the timing of the development of Otay
Ranch villages to provide for the timely provision of
public facilities. assure the efficient use of public
fiscal resources and promote the viability of the
existing and planned villages.
Phase development to provide public facilities
concurrent with need and In compliance with the
facility thresholds.
Implementation Measure: Each SPA shall comply
wUh thefad1J1y threshold standards oontained in the
Otay Ranch GDP /SRP Goals. OQJectives and Policies
(See Part II. Chapter 5. Capital Fcu:tl1ties).
Transportation facilities shall be a major
determinant of overall public facility and
development phasing.
Villages should be phased so as not to require the
expansion of off-site roads beyond approved
classifications.
Phase rural development areas of the Otay Ranch
Independent of urban development.
Phase the Otay Ranch villages to promote
community Identity and character. preserve and
enhance the fiscal viability of existing and planned
villages. and minimize the disruption of the lives of
existing residents.
Phase Otay Ranch to ensure sufficient revenues are
generated to elIiclently finance the operation and
ILf- tf't
Page 349
maintenance of needed public facilities. consistent
with the Service Revenue Plan2.
Implementation Measure: Prepare and maintain the
Otay Ranch VlUage Phasing PlanS consistent with
the Otay Ranch GDP/SRP Goals. Policies and
Objectives.
The Spectftc Plan for Village Fourteen shall not be
approved until a publicly or privately-initiated
General Plan Amendment (GPAl has been processed
for the adjacent properties which identifies the
ultimate land uses: the needed services. fac1l1ties
and roads. a drainage plan for reservoir protection:
and how sensitive resources will be preserved. As
an alternative to an approved GPA for the adjacent
properties. the Vll1age Fourteen Specific Plan
analysis shall Include the long term land uses.
residential densities. and facility/service
requirements for those adjacent properties that
relate to the V1l1age Fourteen Proctor Valley Specific
Planning Area
The University Site may be developed for university
purposes at any time. This area may be developed
as secondary village land uses only after the
completion of 'Western Phases I. II and III.' as
Identified In the Vll1age Phasing Plan. Also. see
GDP/SRP Part II. Chapter I. Sections F9 and FlO.
SPA Processing Requirements _
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Policy:
Policy:
Section C
Policy:
OUly Ranch GDP/SRP C Part 11
Condition the approval of SPAs on compliance with
(1) the facl1lty threshold standards and processing
requirements. (2) the Village Phasing Plan. and (3)
ensure the viability of this and previously approved
v1l1ages.
Implementation Measure: In addttiDn to other
requirements. approval of Otay Ranch SPAs shaH be
contingent upon showing how it wiU implement the
criterfa contained in the GDP /SRP and in the Facility
Implementation Plan.
. Protect Swnmaru: The SPA shaH include a
description of the proposed prqfect. including
maps, graphs. tables. and narrative text,
based upon the GnP /SRP and zoning.
2
3
An 0Iay Ranch Implementalion Program Document as defined in ParI I. Chapter 7.
An Olay Ranch Implementalion Program DoQlment as defined in Part I, Chapter 7.
October 28. 1993
Page 350
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Otay Ranch GDP / SRP C Part H
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Public Fadl~s Jl'Innndnn and PhasinD PInn
(PFFPP): The SPA shall Include a PFFPP
containing a phasing schedule showing how
and when the following facUities and
improvements. necessary to accommodate
development. wfll be installed or jlnanced in
order to meet the threshold standards.
Drainage Fo""'HPS
5ewerage Fa,.",HPS
'Ih1nsportation System Facil~s
Urban Run-q[fFa,.,,/Hp<;
Water ~s
Water Reclamation ~s
CivIc~s
Fire Protection and Emergency
Faciltties
Law E/J(orcement Fa.ctlities
Library ~s
Paries and Recreation FaclUties
School Fa.ctlities
Animal Control Facf/iHps
The PFFPP shall tncIude:
.
Inventoru: An inventory of present
and future requirements for each
fQ&f1ity and improvement based upon
the threshold standard estabUshedfor
eachfactUty.
FIscal Analusis: A fiscal analysis
performed on both the property
governed by the SPA and the overall
Otay Ranch and tncIude City qf Chula
Vtsta and County of San Diego
General Fund. Road Fund and
dependent special districts' revenues
and expenditures. The methodology
shaU be similar to the Service Reuenue
_ Plan, incorporating the extsting
policies and standards at the time the
report is prepared.
Canital FacUities Plan: A Capital
Facflities FInn (CJIP) identifying when
needed capital facUities will be
constructed and recommended
methods of financing. Where
approprlaJe. the build-out CFP should
identify relevant threshold measures
and anticipated service levels both
prior to and after the facility is
.
.
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October 28. 1993
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constructed. The plan should include
a swnmary of the cost of facUi1ies and
a facility phasing schedule
establishing the timing for insta/latiDn
or provisions of fa.cU1ties. The plan
shall demonstrate that facUities
necessary to serve the prqJect wUl be
provided consistent with the threshold
standards and processing
requirements.
Development Impact Fees (DIFs) for
capitalfacUi1ies wUl be developedfor
portions of the Otay Ranch to be
located in the City of ChuIa Vista and
these DIFs should include Otay
Ranch's appropriate share of the
public facU~ projects included in the
City of Chula Vista's current DIFs. It
is important to recognize, however,
that wh1le DIFs provide an equitable
method for spreading the cost of
capital facUities. DIFs are not a
reliable financing mechanism to
ensure that capital facUities are
constructed when needed. As such.
the Public FacUities Financing Plan
should detaU how any prQjected
shortfall between development tmpact
fees on-hand and actualfacUlty costs
will be reconcUed when critical
facUi1ies are needed. These types of
critfcal facUit!es Include police. .fire
and street-related projects. where
delays can affect threshold service
leuels and necessitate building
moratortums. Other fnte1jurl.sdictlonal
DIFs may beformed as necessary.
.
Realonal Fnrllfh, ReDOrt: An analysis
demonstrating that the following
regional facUit!es will be provided
consistent with the f~ threshold
standard and processing
requirements established for each
.facUit!J.
Arts and CUltural FaciUt!es
Cemetery FaciUt!es
Health and Medical FacUi1ies
Community and Regional
Purpose FaciUt!es
Social and Senior Services
FaciUt!es
October 28. 1993
14-S'~
Page 352
Otay Ranch GDP/SRP D Part II
Correctional FacU1ties
Justice FacU1ties
Section D
. vmllnp Vinhilih.: An analysis oj the
extent to which the initiation qf the
development oj a new phase. or
modification oj the VUlage Phasing
Plan may aJfect the vlabUity oj
existing vUlages. as Illustrated in the
GDP/SRP Land Use Chapter. The
analysis slwuld contain an overoiew
oj historic andJorecasted residential
and commercial development. and
performance oj affordable Iwusing
requirements.
Annual Report and Review
Implementation Measure: Otay Ranch shall prepare
and submit an annual report monitoring the
development oj the community oj Otay Ranch. The
annual monttoring report wul analyze the supply oj.
and demand Jor, public Jacilities and services
governed by the threslwld standards. An annual
review shall commenceJollowing thejlrstftscal year
in which restdential occupancy occurs and is to be
completed during the second quarter oj the following
.ftscal year. To ensure continued interjurisdtctional
cooperation. the annual monitoring report will be
submitted to the City oj Chula Vista. the County oj
san Diego ana aU school districts and special
districts which serve part or aU oj Otay Ranch.
The annual monitoring report shall contain the
following i1iformation and analyses:
· Analysis oj compliance with the threshold .
standards.
. An annual development prqjectton Jor the
current calendar year, including the nwnber
and IDeation oj development.
· FacU1ties prqJecied to be provided within the
next year to meet the threshold standards.
. RecommendaiiDnsjor altemat:ive compliance.
. if it is prqJected that public JacUlties wul not
meet the threshold standards. the report shall
recommend one oj theJollowing:
. The issuance oj a "Statement oj
Concern" Jor JacUities and services
provlded by the jurisdictions outside
the control oj Otay Ranch.
October 28. 1993
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OUly Ranch GDP / SRP C Part n
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. MUigatlon measures to bring the
facilities Into coriformance with the
threshold standards.
. Consideration of curtaUment of
development approvals if approprtate
mitigation measures cannot be
Implemented In a timely manner.
A .five year development phasing forecast
identifying targeted submtttol dates for ju.bJre
dtscretionary applications (SPAs and
Tentative Maps). prqJected construction dates.
corresponding publtc facilUy needs per the
adopted threshold standards. and identifying
jinanc1ng optionsfor necessaryfacllities.
A review of the VUlage Phasing Plan. Any
recommended modifICattons to the VUlage
Phasing Plan must be approved by the
appropriate land usejurtsdiction based upon
an analysts of the extent to which the
modtftcattons of the VUlage Phasing Plan
would affect the vlabUity of existing or
planned villages. as dejiJ1ed.1n the GDP/SRP
Land Use Chapter. The analysts should
contain a review of(lJ historic andforecasted
residential and commercial development, (2)
performance of affordable housing
requirements. (3) compliance wUh facUUy
threshold standards. (4) an evaluation of
.fiscal impacts to publtc service providers
concerning operation and maintenance of
plannedfacllities. and (5) the extent to which
planned facilUfes can be jlnanced wUhout
jeopardizing existing land secured public
debt.
A review qf the Service Revenue Plan and
revenue sharing agreement(s}. Annual
uprintp$ wtU be conductedfor the duration of
the reserve fund (See Part II. Chapter 5.
Section AJ or until a time that ts mllt1lnlly
agreed upon by the CUy of CIwla Vista and
the County oj-San DIego. The Annual FIscal
update wtU provide an analysis of the prior
.fiscal year's netjlscal results for the CUy of
CIwla Vista and County of San DIego Geneml
Fund, Road Fund and dependent special
dtstricts' revenues and operating costs
generated by the existing development on the
Otay Ranch. The CUy of Chula Vtsta. the
County of San DIego and the SPA appltcant(s)
shaH make avaUable any approprtate data.
The annual review shall generally follow the
same methodology as utilized in the
GDP/SRP Service Revenue Plan. It is
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Otay Ranch ODP/SRP c Part H
antlclpated that the annual update will
evaluate J7KUYfnal revenues and expenditures
to provide the most accurate estimate of
actual jlscal performance qf the prior year.
Therefore. the foUowing exceptions to the
orlgfnal methodology are anticipated;
>> Operating cost figures should,
whenever reasonably possible, rejlect
col'lllnl J7KUYfnal cost impacts incurred
by the City and County. This ts
particularly Important for the mqjor
servfce areas. such as fire protection
services. {f needed data ts not
available (or for minor servfce areas),
operating costs should be prqjected
using a proportionate methodology
reflecting the City's or County's
average unit costs. Where there are
known lags between development
and the need for service. such as
street repair. these lags should be
acr:ourrtedfor when they are expected
to be incurred.
>> Revenue prqjecttons will. of necessity.
be principal1y based on prqject-wide
or citywide or countywide average
revenues per dwelling W1ft (e.g.. uttlUy
users tax). per capita (e.g.. motor
vehicle in-lteu fees), or sfmUar unit
a~rages. UntU stdJictent non-
residential development occurs to
enable sales tax revenues to be
prqjected by commerctal or industrial
acre. as done in the ODP/SRP Service
Revenue Plan methodology. sales tax
revenue generated by the
development should be prqJected on a
per-household or per-capita basts.
>> Changes to City and County cost and
revenue dtstributionformulas will be
made In accordance with changes In
. State. County and City polictes and
requirements.
The annual update "look-back" should also
tnrorporate thefolJDwtng:
>> d!fferences In prior methodology
should be highlighted and the
rationale for the devfatlon explained.
>> revenue and operating cost prqjects
should be based on the cumulative
development by fiscal year quarter.
October 28. 1993
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Page 355
Otay Ranch GDP /SRP 0 Part II
>> data usedfor prqJectlng revenues (e.g.
the average sales price per
hDmes/lots sold in a givenflsca1 year
used for projecting property transfer
taxes) or for assessing operating costs
(street miles or average daUy trips
used Jor determining street
maintenanCe costs) should be detaUed
along with the source.
>> calculation of residential acres
absorbed and units sold/occupied
and I1Dn-restdentia1 acres absorbed
by quarter/by housing or land use
types. cumulative absorption since
prqJect inception. and the cumulative
percentage of prqJect (approved SPAs)
buUt ouL
>> ca1culation of residential populatlon
added by quarter and cumulative
totals from prqJect inception.
October 28. 1993
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ATTACHMENT 7
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COUNCIL INFORMATION MEMORANDUM
J27t1/t~
S- -3-91
C~~ ~.-r.
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April 28, 1994
TO: The Honorable Mayor and City Council
FROM: John D. Goss, City Manage~~b..
SUBJECT: Budget Review Sessions
A polling of the Council for available dates for budget review sessions indicates that the only agreeable
dates at this time are:
Tuesday, May 17, 1994
Monday, May 23, 1994
6:00 p.m.
6:00 p.m.
Council Meeting Overview
Budget Workshop
In an attempt to firm up the schedule, I would appreciate it if you could reserve these dates on your
calendar.
Alternate dates for additional budget workshops are as follows, however, since only four out of the five
Councilmembers are available for these two dates, Council discussion will be necessary.
Wed., June 1, 1994
Thurs., June 2, 1994
6:00 p.m.
6:00 p.m.
1IIIlfJll.itlllliJEEU
JDG:dt
B,\(BUOOET)\DATES.BUD
1(,
~V?-
~~
~~.-...;~
........ .......""-
~........~........
BOARD/COMMISSION/COMMITTEE APPLICATION
CllY OF
CHULA VISTA
Please Itulicate Your Imere,.t By Checkillg the Appropriate Lille(s).
If You Check More Thall aile Lille, Please Prioritize Your Imerest.
PLEASE PRINT CLEARLY
_ Safety Cmsm
Southwest PAC Cmt
_ Town Centre Prj Area Cmt
UC - CV
_~ N'\IiI'ns Day Cmt
_ ~s Affairs :::0
_fWiiER J ~
::oD
"",:>; N rn
v;?c... -"oJ <:
o:;:c.. - rn
-n<. -
:!J<.n -"oJ 0
n-. Ui
.....:.- -l::>
_ Aging (Cmsm on)
_ Appeals (Board of)
Charter Review
_ Child Care Cmsm
_ Civil Service Cmsm
Cultural Arts Cmsm
_ Design Review Cmsm
,,/ Economic Dev Cmsm
_ Ethics (Board of)
_ Growth Mgmt Cmsm
_ Human R"lations Cmsm
_ Int'I Friendship Cmsm
_ Library Board of Trustees
_ Mobilehome Rent Review Cmsm
_ Olay Yalley Proj Area Cmt
Parks & Rec Cmsm
_ Planning Cmsm
_ Resource Consev Cmsm
NAME:
, CITY: 5/TrJ PLEU 0 ZIP: '12// '1
HOME ADDRESS:
RES PHONE #:~ PHONE #:
REGISTERED VOTER IN CHULA VISTA:_ ~
YES NO
YES
~ HOW LONG?
NO
DO YOU LIVE WITHIN THE CITY LIMITS OF CHULA VISTA?
.Youth Conuuissioll Applicant" ONt.Y: School Altendilll!. -.
Grade:
COLLEGES ATTENDED & DEGREES HELD: 5" D :> 0{
8.'S
)IV! &- rn T .
PRESENT EMPLOYER: L1 rJ J:. () N t3 /} N /<.
POSITION: () P / J'YI/TN/f 6-[!Z.
WHAT ARE YOUR PRINCIPAL AREAS OF INTEREST IN OUR CITY GOVERNMENT AND WHAT EXPERJENCE(S) OR
SPECIAL KNOWLEDGE CAN YOU YOU BRING TO THOSE AREAS? i3 U ':;;:J() c:':':; Dl:3ve'-or)11t:N/~
(2t2TC:NTI.o;V
BAN)(L,v tr /<:;tJOWLepirC.
Lzc..eAJ-5<'p
:IrJ U E 5 7 meN / 5 PEe..:ut1.. L "51
WHAT WOULD YOU HOPE TO ACCOMPLISH BY YOUR PARTICIPATION? IIIT/?/lC T AJE /.{) BV:5':Z.A.Jtc";5c:'
(2t-T/J:L,o /j10D {,-;2C.)iu OLD 3U~.;:ItJi::-55E~
1fT! rzlrC r AJ ~L0 rZ c5 IDe/{) '7 s.
c:!/.?'c;<J Ie ,J- b J3 .s
I am familiar with lhc responlOihilitiCli assign..:d to the B~)ard/Con\lnislii\\n/Cmnmjlt..:..: on which I wish to licrve.
~F~
SIGNATURE
tj-t. . ~~
DATE
. . . PLEASE SEE THE REVERSE SIDE OF THIS APPLICATION FOR VERY IMPORTANT LEGAL INFORMATION' . .
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05/03/1994 13:36
.
.
(a)
(b)
(c)
6195335466
.
H.R. FRAUENFELDER
PAGE 02
On personnel matters, a representative of a Member Agency shall be entitled to
one vote, and weighted voting shall not be authorized.
A call for a weighted vote shall be recognized only if a regular vote, as set forth
in the Act, has fl.rst taken pla~.
A representative of any Member Agency may call for a weighted vote. To
proceed with a weighted vote, that call must be seconded by a representative of
another Member Agency.
(d)
For the proposal subject to the weighted vote to carry, it must receive the support
of a mi\iority of the representatives of the City of San Diego and three (3) votes
of representatives from other Member Accncies (one large and one small or three
small agencies).
(e)
If the proposal considered under the weighted voting procedure carries, the result
of the weighted vote shall supersede the earlier regular voting result. If the
proposal considered under the weighted voting procedure fails, the result of the
earlier regular voting shall stand.
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