HomeMy WebLinkAboutAgenda Packet 1994/06/07
Tuesday, June 7, 1994
4:00 p.m.
Wll aedere wnder penal'ty of perJury thet'1 elll
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
this Agenda/Notice on the Bulletin Board at
the pU~I~~eVUilding a~et City. Hal 011..
DATED, SIGNED -
Re2ular Meetin2 of the Citv of Chula Vista Citv Council
Council Chambers
Public Services Building
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Fox _, Horton _, Moore _, Rindone _' and
Mayor Nader _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
May 17, 1994 (City Council), May 17, 1994 (Joint Meeting of the
Redevelopment Agency/City Council), and May 24, 1994 (City
Council).
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Glen Lewis (ex-officio) - Economic Development Commission.
b. Proclaiming the week of June 3 through June 10, 1994 "LAW ENFORCEMENT RECORDS
& SUPPORT WEEK" - The proclamation will be presented by Mayor Nader to Records
Manager Sue Roos and Records Supervisor Mary Small of the Police Department.
***"'*
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 14)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green fonn to speak in favor of the staff recommendation; complete the pink fonn to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting reinstatement of the Transportation Board, Commission or Committee -
Carolyn F.J. Butler, 97 Bishop St., Chula Vista, CA 91911. It is recommended that Council
direct staff to send Mrs. Butler another copy of Ordinance 2543 and the related staff report, and
suggest to Mrs. Butler that she may wish to attend a future Human Relations Commission meeting
to express her concern regarding community representation on transportation matters.
b. Letter requesting the City support opposition to the statewide initiative statute entitled
"Mobile Home Fairness and Rental Assistance Act" - Joan Shoemaker, President, Lesgue of
California Cities, San Diego County Division, Mayor, City of El Cajon, 200 E. Main St., EI
Cajon, CA 92020. It is recommended that Council take a position opposing this initiative.
Agenda
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June 7, 1994
c. Letter of resignation from the Town Centre Project Area Committee - Jesus Sanchez,
Harvey's Bake Shop & Restaurant, 333 Third Avenue, Chula Vista, CA 91910. It is
recommended that the resignation be accepted with regret and the City Clerk be directed to post
immediately according to the Maddy Act in the Clerk's Office and the Public Library.
d. Letter requesting a donation of equipment - C. Hector M. Noriega Hernandez, Municipal
Operations Commander, Auxiliary Radio Brigade, Tijuana, B.C. It is recommended that staff be
directed to contact the agency to clarify what type of equipment they are seeking. After that has
been clarified, staff will come back to Council if the City has any relevant surplus equipment that
Council might want to consider donating.
e. Letter of resignation from the Youth Commission - Nicole Cazares, 45 EI Rancho Vista, Chula
Vista, CA 91910. It is recommended that the resignation be accepted with regret and the City
Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the
Public Library.
6. ORDINANCE 2593 ADDING CHAPTER 2.39 TO THE MUNICIPAL CODE ESTABLISHING
A VETERANS ADVISORY COMMISSION (first readiDl!) On 3/15/94, staff
was advised to prepare an ordinance amending the Municipal Code to add a
section establishing the Veterans Advisory Commission. Staff recommends
Council place the ordinance on first reading. (Director of Personnel)
7. RESOLUTION 17508 WAIVING THE CONSULTANT SELECTION PROCESS AND
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR
CONSULTANT SERVICES NOT TO EXCEED $25,000 WITH BROWN,
VENCE AND ASSOCIATES (BVA) FOR THE SOLID WASTE
CONTRACT NEGOTIATION AND MONITORING ASSISTANCE AND
APPROPRIATING FUNDS THEREFOR - On 5/24/94, Council approved
moving forward with the first phase of development of a solid waste transfer
station. As a preparatory step, staff was directed to relurn with a draft contract
for specialized consultant services from BV A to assist in the negotiation of a
contract with the preferred service provider for the siting, conceptual design,
and permitting of the transfer station. The contract provides assistance during
negotiation and allows for additional technical assistance (based on the
availability of funds) for monitoring the first phase of development, if the
service contract is subsequently approved by Council. Staff recommends
approval of the resolution. (Deputy City Manager Krempl)
8. RESOLUTION 17509 APPROVING AND RATIFYING A USED OIL BLOCK GRANT
APPLICATION - The California Used Oil Enhancement Act authorizes the
collection of four cents for every quart of lubricating oil sold, transferred and
imported into California from oil manufacturers. Chula Vista consumers have
paid four cents per quart into the fund when they purchase oil. The Act
mandates the California Integrated Waste Management Board use a portion of
the funds to provide Block Grants to local governments for used oil programs
that encourage recycling. The grant cycle provides a second and fmal
opportunity for cities that did not previously submit a Block Grant request. The
grant cycle provided only thirty days between the date the application was
received and its due date. The Used Oil Block Grant of $101,550 was submitted
on 5/20/94 to meet the State deadline, subject to Council approval no later than
6/25/94. Staff recommends approval of the resolution. (Administration)
Agenda
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June 7, 1994
9. RESOLUTION 17510 APPROPRIATING FUNDS FOR FISCAL YEAR 1993/94 EMPLOYEE
BENEFIT CHANGES FOR CHULA VISTA EMPLOYEES
ASSOCIATION, POLlCE OFFICERS ASSOCIATION, WESTERN
COUNCIL OF ENGINEERS, INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, UNCLASSIFIED PART-TIME, UNREPRESENTED,
MIDDLE AND EXECUTIVE MANAGEMENT, AND MAYOR/COUNCIL,
AND AUTHORIZING THE FINANCE DEPARTMENT TO TRANSFER
UNBUDGETED RESERVES TO TIlE APPROPRIATE ACCOUNTS -
Negotiations have heen completed with the various employee groups. Necessary
funds need to be transferred into the various departments to cover the increases.
Staff recommends approval of the resolution. (Interim Finance Director)
4/5th's vote required.
10. RESOLUTION 17511 RATIFYING CHANGE ORDER NUMBER TWO AND ACCEPTING THE
CONTRACT WORK FOR THE BROADWAY WIDENING AND
RECONSTRUCTION FROM "F" TO "I" STREET - On 6/23/92, Council
awarded a contract in the amount of $1.645,000 (including contingencies) to
SoutWand Paving, Inc. for the widening and reconstruction of Broadway from
"F" to "I" Street. The work is now complete. This item ratifies Change Order
Number 2 for removal and replacement of a 36 inch corrugated metal pipe and
accepts the project. Staff recommends approval of the resolution. (Director of
Public Works)
II. RESOLUTION 17512 RESCINDING SEWER CONNECTION AND ANNEXATION
AGREEMENT WITH FRANCISCO MARES AND MAl TUYET DO AND
REFUNDING SEWER CONNECTION FEES AND A PORTION OF
DEPOSITS TOTALLING $12,497.80 - Javier Mares and Mai T. Do entered
into a sewer connection and annexation agreement recently and deposited the
required amount of fees with the City to connect a proposed single family home
at 4017 Palm Drive to the City sewer. Their property is in the unincorporated
area of the County and unable to annex due to the distance of the property to the
City boundary. Mr. Mares states that he has run into fiscal difficulty and has
decided to abandon the project for the time being. He has requested that the
City refund the fees paid. Since Council approved the connection agreement
with the application, staff is presenting the item for consideration of the refund.
Staff recommends approval of the resolution. (Director of Public Works)
12.A. RESOLUTION 17513 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT REQUIRING DEVELOPER TO COMPLY WITH
CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NUMBER
16903 APPROVING A TENTATIVE SUBDIVISION MAP FOR
CHAMPIONSHIP CLASSICS n, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME - On 11/24/92, Council approved the Tentative Subdivision
Map for Tract 92-04, Championship Classics II. The final map for said
tentative map is now before Council for approval. Staff recommends approval
of the resolutions. (Director of Public Works)
B. RESOLUTION 17514 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 92-04, CHAMPIONSHIP CLASSICS n
Agenda
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June 7, 1994
13. RESOLUTION 17515 ACCEPTING BID AND AWARDING CONTRACT FOR LAUDERBACH
PARK AND PASEO DEL REY PARK PLAY AREA RENOVATION (PR-
146) AND APPROPRIATING FUNDS THEREFOR -On 5/18/94, sealed bids
were received for "Lauderbach Park and Paseo del Rey Park Play Area
Renovation (PR-146)." The work includes site preparation with selective
demolition, clearing, grubbing, excavation and grading, installation of play
structures, importing sand, constructing various types of curbing, 4-inch PCC
sidewalk, cast in place resilient surface, miscellaneous landscape and irrigation
repair, construction surveying, and other miscellaneous work shown on the
plans. Staff recommends approval of the resolution. (Director of Public
Works) 4/5th's vote required.
14. REPORT IMPLEMENTATION OF THE ENDANGERED SPECIES ACT
SPECIAL RULE 4(d) FOR THE INTERIM HABIT A T LOSS APPROVAL
PROCESS - Last year the Federal Department of the Interior adopted the
Special 4(d) Rule regulating the habitat "take" of the California Gnatcatcher.
The Special Rule links protection of the bird to the California Natural
Community Conservation Planning (NCCP) process. Prior to the preparation
of an overall NCCP plan, the process allows the "take" of up to 5 % of Coastal
Sage Scrub (CSS), which is the habitat for the Gnatcatcher. During the past
several months City staff has been working with staffs from throughout the
region to develop a process to allow local agencies to implement the fttakelt
process. Staff recommends Council direct staff to work toward resolving the
issues identified in the staff report and, after resolving the issues, to draft an
ordinance for implementation of the Special 4(d) Rule at the local level.
(Director of Planning) Continued from the meeting of 5/24/94.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following iJems have been advertised aad/or posted as public hearings as required by low. If you wish to
speak to any item, please fill out the "Request to Speak Fonn" availoble in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete
the pink fonn to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
IS.
PUBLIC HEARING
FORMATION OF A REIMBURSEMENT DISTRICT FOR THE
CONVERSION OF ELECTRIC UTILITIES ASSOCIATED WITH
TELEGRAPH CANYON ROAD - PHASE II - 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 has requested that the underground conversion costs associated with
the project be DIF 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)
Continued from the meeting of 5/17/94.
RESOLUTION 17516 APPROVING THE COSTS FOR THE CONVERSION OF ELECTRIC
UTILITIES ASSOCIATED WITH TELEGRAPH CANYON ROAD -
PHASE II AND ESTABLISHING A REIMBURSEMENT DISTRICT FOR
THE LEVY AND COLLECTION OF THE COSTS THEREOF
Agenda
16.
PUBLIC HEARING
17.
PUBLIC HEARING
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June 7, 1994
OPEN SPACE MAINTENANCE DISTRICT NUMBER 10 FOR FISCAL
YEAR 1994/95 - Based upon the advice of the City Attorney, agenda items 16
and 17 have been separated due to conflict of interest concerns. Council should
note that agenda statement 17 gives all background information on open space
districts in general which is applicable to the item, but does not include specific
information on Open Space Maintenance District 10. Staff recommends Council
open the public hearing, receive testimony, close the public hearing, and hold
another public hearing on 6/14/94. (Director of Parks and Recreation and
Director of Public Works)
OPEN SPACE MAINTENANCE DISTRICTS 1-9, 11, 14, 15, 17, 18,20,
23, 24, AND 26, AND BA Y BOULEVARD, EASTLAKE AND TOWN
CENTER MAINTENANCE DISTRICTS FOR FISCAL YEAR 1994/95 - In
accordance with Municipal Code Section 17.07, the City Engineer prepared
reports on the spread of assessments for the open space districts. The reports
were accepted and the required public hearings were set by Council at its
meeting of 4/19/94. The agenda statement includes information related to the
above districts and genera' information related to Open Space District 10.
Specifics of Open Space District 10 are addressed in item 16 on the agenda.
Staff recommends Council open the public hearing, receive testimony, close the
public hearing, and hold another public hearing on 6/14/94. (Director of Parks
and Recreation and Director of Public Works)
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is !1!l1. an item on this agetula. (State law, however, generally prohibits the City
Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council
on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available
in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name
and address for record purposes and follow up action. Your time is limited to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submi tted.
ACTION ITEMS
The items listed in this section of the agetula are expected to elicit substantiol discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staffrecommetulations 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 Clerk prior to the meeting.
Public comments are limited to five minutes.
18. RESOLUTION 17517 ACCEPTING BID AND AWARDING CONTRACT FOR THE WIDENING
OF BROADWAY BETWEEN "I" STREET AND "L" STREET (ST-130)
AND APPROPRIATING FUNDS THEREFOR - On 5/18/94, sealed bids
were received for "The Widening of Broadway Between 'I' Street and 'L' Street
(ST-BO)." The work includes traffic control, removal and disposal of existing
improvements. relocation of existing facilities, excavation and grading, asphalt
Agenda
-6-
June 7, 1994
concrete pavement, curb and gutter, curb, cross gutter. sidewalk, pedestrian
ramps, driveways, concrete curb at rear of sidewalk, manholes, walls,
adjustment of manholes, various drainage inlets and structures, shoring,
reinforced concrete pipe, pre-cast reinforced box culverts, street lighting, traffic
signals, pavement striping and signing, street survey monuments, traffic
interconnect, sewer laterals, construction surveying, protection and restoration
of existing improvements, and construction of all pertinent work and other work
as may be necessary to render the improvements complete and workable. Staff
recommends approval of the resolution. (Director of Public Works) 4/5th's
vote required.
19. RESOLUTION 17518 ACCEPTING BID AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF ASSESSMENT DISTRICT NUMBER 90-2 (OTAY
V ALLEY ROAD PHASES II AND Ill) FROM 1,200 FEET EAST OF
NIRVANA AVENUE TO THE NORTHERLY LIMITS OF OTAY RIO
SUBDMSION (ST-123) AND APPROPRIATING FUNDS THEREFOR-
On 5/17/94, sealed bids were received for "The Improvement of Assessment
District Number 90-2 (atay Valley Road, Phases II and III) from 1,200 feet east
of Nirvana Avenue to the northerly limits of atay Rio Subdivision (ST-123)".
The work in general includes: mobilization, traffic control, removal and
disposal of existing improvements, clearing and grubbing, relocation of existing
facilities, excavation and compaction, import and compaction, asphalt concrete
pavement, aggregate base, subbase, curb and gutter, sidewalk, driveways, chain
link fencing, erosion control, silt fencing, various drainage inlets and structures,
reinforced concrete pipe, street lighting median barrier, pavement striping and
signing, landscaping and irrigation. street survey monuments. protection and
restoration of existing improvements, atay Valley Road bridge widening
improvements crossing atay River and the construction of all appurtenances and
other work as may be necessary to render the above improvements complete and
workable. Staff recommends approval of the resolution. (Director of Public
Works) 4/5th's vote required.
20.A. REPORT CORPORAL PUNISHMENT FOR REPEAT GRAFFITI CRIMINALS -
Legal opinion of the City Attorney concluding that, under carefully articulated
circumstances, the Federal and State Constitutions permit mild, non-arbitrary
corporal punishment for repeat graffiti offenders. Staff recommends Council not
approve the resolution. (City Attorney)
B. RESOLUTION 17519 URGING THE CALIFORNIA STATE LEGISLATURE TO ADOPT
LEGISLATION PERMITTING OR REQUIRING JUDGES TO
PRESCRIBE CORPORAL PUNISHMENT FOR REPEAT GRAFFITI
OFFENSES
21. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
22. REPORT UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report will
be given by staff.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
Agenda
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June 7, 1994
OTHER BUSINESS
23. CITY MANAGER'S REPORTIS)
a. Scheduling of meetings.
24. MAYOR'S REPORT IS)
a. Ratification of reappointments: Clayton Gingerich - Board of Appeals and Advisors; Marie
Miehls - Child Care Commission; and, Emerald Randolph - Child Care Commission (ex-officio).
25. COUNCIL COMMENTS
Councilmember Horton
a. Service Station refueling service for disabled persons.
Councilmember Moore
b. Graffiti Eradication Budget-Reallocation - Recommend Council Approval.
c. Economic Incentive Policy for Business Expansion - Recommend Council Approval.
Councilmember Fox
d. Personal statement.
CLOSED SESSION
Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are permitted 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 reports of}jJJgJ action
taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
26. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
. Perez vs. the City of Chula Vista.
. City of Chula Vista vs. the County of San Diego (Surcharge).
. City of Chula Vista vs. the State of California, APTEC, and the County of Los Angeles.
. Fisher vs. the City of Chula Vista.
2. Anticipated litigation pursuant to Government Code Section 54956.9
. Withdrawal from the San Diego Metropolitao Wastewater District.
Agenda
-8-
June 7, 1994
27. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employee Association (CVEA), Western Council
of Engineers (WCE), Police Officers Association (POA), and International Association
of Fire Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
28. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
ADJOURNMENT
The meeting will adjourn to a City Council tour on Saturday, June 11,1994 at 8:00 a.m. and thence to the Regular
City Council Meeting on June 14, 1994 at 6:00 p.m. in the City Council Chambers.
A Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City Council
meeting.
.:
...
June 2, 1994
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council ~
John D. Goss, City Manager ft; -7 1/
City Council Meeting of June 7, 1994
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, June 7, 1994. Comments regarding the Written Communications
are as follows:
a. This is a request from Mrs. Carolyn Butler to reinstate or form a
Transportation Committee and is similar to Mrs. Butler's request in a
written communication to Council dated July 14, 1993 (attached). At the
July 27, 1993 meeting, Council directed staff to send Mrs. Butler a copy
of Ordinance 2543 transferring the duties of the Senior & Disabled
Transportation Committee to the Human Relations Commission. On August 9,
1993, staff sent this material to Mrs. Butler and indicated that, after
reviewing the material, if she felt that the senior and disabled community
in Chula Vista was under-represented in Chula Vista on transportation
matters, her letter would be calendared for consideration by the Human
Relations Commission at a future meeting. IT IS RECOMMENDED THAT COUNCIL
OIRECT STAFF TO SEND MRS. BUTLER ANOTHER COpy OF ORDINANCE 2543 AND THE
RELATED STAFF REPORT, AND SUGGEST TO MRS. BUTLER THAT SHE MAY WI SH TO
ATTEND A FUTURE HUMAN RELATIONS COMMISSION MEETING TO EXPRESS HER CONCERN
REGARDING COMMUNITY REPRESENTATION ON TRANSPORTATION MATTERS.
b. This is a letter from Joan Shoemaker, Mayor of El Cajon and President of
the San Diego County Division of the League of California Cities,
requesting that the City support opposition to the statewide initiative
statute entitled "Mobile Home Fairness and Rental Assistance Act." The
City's current rent review ordinance allows for mediation and binding
review by the Mobilehome Rent Commission in cases where mobilehome space
rents are proposed to increase by more than the San Diego Consumer Price
Index (CPl). Except in specified cases, the Commission has the discretion
to fix a new rental charge at any level from the existing charge to the
landlord's requested charge.
This initiative, currently being qualified for the November ballot, would
prohibit local agencies from restricting mobilehome space rental increases
to less than the statewide CPl. It would require a 10% rental discount
for very low- income tenants who meet certa i n qua 1 if icat ions, but th i s
discount would be limited to a maximum of 10% of the occupied mobilehome
park spaces. Upon the sale or vacancy of any mobilehome, that space would
become exempt from all rent control laws. Since the "Mobilhehome Fairness
and Rental Assistance Act" erodes local mobilehome rent control
protection, IT IS RECOMMENDED THAT COUNCIL TAKE A POSITION OPPOSING THIS
INITIATIVE.
c. IT IS RECOMMENDED THAT JESUS SANCHEZ' RESIGNATION FROM THE TOWN CENTRE
PROJECT AREA COMMITTEE BE ACCEPTED WITH REGRET AND THE CITY CLERK BE
DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE CLERK'S
OFFICE AND THE PUBLIC LIBRARY.
d. This is a letter from C. Hector M. Noriega Hernandez, Municipal Operations
Commander of the Auxiliary Radio Brigade in Tijuana, B.C., requesting a
donation of equipment. The agency, Cruz Ambar, which means Yellow Cross,
is not part of the government of Mexico or the City of Tijuana but it does
assist the Municipal Police and Fire Department in Tijuana on a volunteer
basis. The letter does not specify the type of equipment they are
requesting so staff has not been able to check on whether we may have any
surplus equipment that would be relevant. IT IS THEREFORE RECOMMENDED
THAT STAFF BE DIRECTED TO CONTACT THE AGENCY TO CLARIFY WHAT TYPE OF
EQUIPMENT THEY ARE SEEKING. AFTER THAT HAS BEEN CLARIFIED, STAFF WILL
COME BACK TO COUNCIL IF WE HAVE ANY RELEVANT SURPLUS EQUIPMENT THAT
COUNCIL MIGHT WANT TO CONSIDER DONATING.
e. IT I S RECOMMENDED THAT NICOLE CAZAREZ I RESIGNATION FROM THE YOUTH
COMMISSION BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST
IMMEDIATEL Y ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE
PUBLIC LIBRARY.
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. WRITT,EN C.OMMUNICAnONS
c.c: :6 J.j.r ('I) - r .5,7.;19,/
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August 3, 1993
TO:
John Lippitt, Director of Public Works
Jim Thomson, Deputy City Manager~
Teri Enos, Principal Management Assistan~
Request to Reinstate the "Senior and Disabled Transportation
Advisory Committee"
Under the written communications of the 7/27/93 Council agenda was a request from
Carolyn Butler to reinstate the subject committee (attached).
VIA:
FROM:
SUBJECT:
Council directed staff to send Ms. Butler a copy of Ordinance 2543 transferring
the duties of the Committee to the Human Relations Commission, and the staff
report which accompanied its creation.
If, after review of this material, Ms. Butler feels that the senior and disabled
community is under-represented, staff is to calendar her letter for consideration
by the Human Relations Commission.
TE:mab
cc: Bill Gustafson, Transit Coordinator
Attachment
July 22, 1993
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
John D. Goss, City Manager~'
City Council Meeting of July 27, 1993
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, July 27, 1993. Comments regarding the Written Communications
are llow5: '
-~-_.-
This is a request to reinstate the 'Senior and Disabled Transportation
Advisory Committee" which was abolished by the City Council at the
February 23, 1993 meeting. The committee was dissolved due to the
dissolution of SCOOT. The functions that the. Committee had were
transferred to the Human Relations Commission by Ordinance 2543 (copy
attached). It appears that the concerns expressed by Ms. Butler are much
broader than would be dealt with by a "Transportation Commission". IT IS
RECOMMENDED THAT STAFF BE DIRECTED TO SEND MS. BULTER A COPY OF THE STAFF
REPORT AND ORDINANCE 2543, AND, IF AFTER REVIEW OF THIS MATERIAL, MS.
BUTLER FEELS THE SENIOR AND DISABLED COMMUNITY IS UNDER REPRESENTED, STAFF
WILL CALENDAR HER LETTER FOR CONSIDERATION BY THE HUMAN RELATIONS
COMMISSION.
5b. This is a letter from the Endangered Habitats League requesting support
for the Multip1e Species Conservation Program's "Resolution of Intention"
(ROI) The City Council has previously directed staff to schedule a public
hearing regarding the proposed Clean Water Program Multiple Species
Conservat ion Program ROI. This hearing is tentatively scheduled for
August 24 and IT IS RECOMMENDED THAT STAFF NOTIFY THE ENDANGERED HABITATS
LEAGUE OF THE HEARING DATE, AND THAT THEIR CONCERNS WILL BE ADDRESSED IN
THE REPORT PREPARED FOR THAT MEETING. .
5c. This is a letter from the City of Oceanside urging consideration of a no-
smoking ordinance. IT IS RECOMMENDED THAT THIS ITEM BE REFERRED TO STAFF
AND THE CITY ATTORNEY FOR REPORT BACK TO COUNCIL.
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em OF
(HUlA VISTA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
August 9, 1993
File: DS-021
Mrs. Carolyn Butler
97 Bishop Street
Chula Vista, CA 91911
RE: SeniorlDisabled Transportation Committee
Dear Mrs. Butler:
In response to your letter to the City Council dated Iuly 14, 1993, Council has asked me to send
you a copy of Ordinance No. 2543 transferring the duties of the SeniorlDisabled Transportation
Committee to the Human Relations Commission, and the staff repon which discussed this
change. Both of these documents are attached for your information.
If, after reviewing this material, you feel that the senior/disabled community in Chula Vista is
under-represented on transportation maners, we will calendar your letter for consideration by the
Human Relations Commission at a future meeting. If you would like your concerns to be
considered by the Human Relations Commission, please contact me at 691-5260 or Commission
Secretary Karen Wooten at 691-5007.
Sincerely,
(Jd;( ~if41?...
William M. Gustlson, Ir.
Transit Coordinator
cc: Iohn Lippitt
Ten Enos
Karen Wooten
WPC F:lHOMElENOINEER\IlJLLCl\1196.93
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5021
~G-
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item
Meeting Date 2/23/93
Ordinance Amending Sections 2.36.010 and
2.36.030 of the Chula Vista Municipal Code relating to the
advisory duties of the Human Relations Commission
SUBMITTED BY:
Resolution Withdrawing from, and causing the
dil!solution of, the South Coast Organization Operating Transit
(SCOOT).
Director of Public Works ~
City Manager (4/5ths Vote: Yes_No.20
REVIEWED BY:
At its meeting on April 29, 1992 the SCOOT Board directed staff to investigate the
ramifications of dissolving SCOOT and to report back to the Board with a
recommendation on this matter. Both City and County Transit staffs have examined
issues relating to SCOOT dissolution, and find no negative impacts to either the City
or the County if this Joint Powers Agency (JPA) were dissolved. A positive result of
dissolution would be a reduction of time spent on SCOOT related matters by City and
County staffs, and the three elected officials on the SCOOT Board. Dissolutionalso
would terminate the SCOOT Senior and Disabled Transportation Advisory Comminee.
RECOMMENDATION: That Council introduce ordinance for first reading amending
Sections 2.36.010 and 2.36.030 of the Chula Vista Municipal Code relating to the
advisory duties of the Human Relations Commission, and adopt resolution
withdrawing from SCOOT to cause the dissolution of SCOOT, effective at midnight
June 30, 1993.
BOARDS/COMMISSION RECOMMENDATION:
1. At its meeting on January 13, 1993, the SCOOT Senior and Disabled
Transportation Advisory Committee concurred with staff recommendation that
the Human Relations Commission become the advisory group for both Chula
Vista Transit and HandYtrans if SCOOT is dissolved on June 30, 1993. In
addition, the Committee indicated its continuing interest in senior and disabled
issues pertaining to both CVT and HandYtrans. Accordingly, the Committee
proposed that if the Human Relations Commission assumes advisory
responSibilities for both systems on July 1, 1993 as proposed, that the
Commission consider creating a subcommittee that w.ould deal only with senior
and disabled public transportation issues.
Page 2, Item
Meeting Date 2/23/93
2. The proposal to amend Sections 2.36.010 and 2.36.030 of the Chula Vista
Municipal Code was on the Human Relations Commission agenda for its
February 10, 1993 meeting, and the Commission adopted the following motion:
-The Human Relations Commission is willing to accept
responsibility for advisory matters on Chula Vista Transit and
HandYtrans. -
DISCUSSION:
Scoot Dissolution
SCOOT was formed in 1979 as a JPA between the City of Chula Vista and County
of San Diego in response to the Transportation Development Act (-TDA WI. The TDA
required a mandatory 20% farebox recovery. If an agency failed to meet this
requirement, local funds were required to make up the difference. The TDA, however,
provided a five year grace period for recently formed transit authorities to meet this
percentage. At the time of its enactment, the City experienced a 15% farebox
recovery and the creation of SCOOT prevented the loss of City funds.
The reasons for SCOOT's formation are no longer valid. Chula Vista Transit's (CVTI
recovery ratio was around 15% in the late 1970's, but today exceeds 40%. In
addition, MTDB's legislative authority was changed in the mid-1980's to include all
the regional Article 4.0 funded operators under a regional recovery ratio requirement.
Therefore, the primary reason for SCOOT's formation - meeting the mandatory 20%
recovery ratio - is no longer relevant. Secondly, other operators, such as National City
Transit, were approached in the past about joining SCOOT but have declined, primarily
because there did not appear to be any operations or fiscal benefits from joining.
The disadvantages for retaining SCOOT are primarily administrative and include the
following:
Staff time to prepare for meetings (Transit staff prepares ~genda
Statements; City Attorney prepares Resolutions and reviews
contracts; administrative support services for Agenda preparation,
mailing Agendas, meeting notices, attending meetings, and taking
minutes at meetings.)
SCOOT meetings generally duplicate Council action, since all
policy matters are first presented to the Council before going to
the SCOOT Board.
The necessity to take all Transit Items to the SCOOT Board for
final approval tends to slow down the decision-making process
and implementation of Council approved actions, since SCOOT
Page 3, Item
Meeting Date 2/23/93
meetings are called infrequently (about 4 times a year) and only
when Items need to be considered by the Board.
The JPA provides that SCOOT may be dissolved if half of the JPA members withdraw
from SCOOT. Since there are only two members of SCOOT, If either the City or the
County withdraw, then SCOOT is dissolved. The Transit Coordinator checked with
MTDB, SANDAG, the City Finance Department, and Risk Manager, and the City
Attorney's Office regarding SCOOT dissolution. There do n,ot appear to be any
negative impacts to either the City of Chula Vista or County of San Diego If SCOOT
were dissolved. Upon dissolution, the City's Article 4.0 TDA funds currently claimed
by SCOOT would be claimed directly by the City. Other changes would be primarily
administrative and include: changing SCOOT-owned fixed assets (buses, fare boxes,
etc.) to the City; changing the SCOOT budget to a City budget; and preparing future
contracts to be in the name of the City, rather than SCOOT. Rather than assigning
the five contracts that currently exist between SCOOT and other entities to the City,
they will expire by their terms on June 30, 1993.
The decision to dissolve SCOOT should occur now so that administrative changes
resulting from dissolution could become effective the next fiscal year beginning July
1, 1993. The effective date for the dissolution should occur on June 30, 1993 when
all operating and service agreements with SCOOT will expire.
Advlsorv Issues for CVT and HandYtrans
If Council approves SCOOT dissolution, the SCOOT Senior and Disabled
Transportation Advisory Committee will cease to exist. This Committee is an advisory
group on senior and disabled issues pertainirrg to Chula Vista Transit and HandYtrans.
The Committee was established in 1979 as the Mayor's Elderly & Handicapped
Transportation Advisory Committee to assist in the start-up of HandYtrans. The
Committee originally was intended to disband after one year but it has continued
meeting on a quarterly basis. In 1985, Its title was changed to the SCOOT Elderly
and Handicapped Transportation Advisory Committee (the term -elderly and
handicapped- was changed to -senior and disabled- in 1992). This change was for
two reasons: to expand Its scope to include Chula Vista Transit; and to permit two
Committee members, who were residents of the Montgomery area prior to annexation
to the City, to continue serving on the Committee. However, the Committee's
primary focus has always been on senior and disabled issues pertaining to
HandYtrans, and to a lesser extent, CVT.
If SCOOT and the Committee are dissolved, staff considered options for providing
public input on transportation matters for both CVT and HandYtrans. These options
included: no advisory group for either sYstem, one advisory group for both systems
and two advisory groups - one for each system.
Page 4, Item
Meeting Date 2123/93
No Advisorv Graue
Ridership on both systems, particularly CVT, has grown considerably during recent
years. Last fiscal year CVT carried over 2 million passengers and HandYtrans
transported almost 34,000 passengers. HandYtrans has been designated the
Complementary Paratransit service under the Americans with Disabilities Act (ADA)
and its passengers generally are individuals who have difficulty riding CVT. CVT
carries a broader spectrum of riders including commuters, students, seniors and
disabled persons. Considering the large number of passengers carried on both
systems, it is staff's opinion that a me.chanism to solicit community Input on certain
planning and operations issues for both systems Is appropriate.
Number of Advisorv GrOUDS
Another consideration is whether there should be a separate advisory group for CVT
and HandYtrans or one advisory group for both systems. One advantage of a
separate advisory group for each system Is the ability to focus on service and planning
issues that may be unique to each system. However, there are also many issues that
are common to both systems; and the ADA requirements encourage greater service
coordination between paratransit and fixed-route systems. Therefore, it is staff's
opinion that one advisory group would have the ability to deal effectively with
transportation issues applicable to both systems. ,
~dvisorv Graue for CVT and HandVtrans
Based on the assumption that one advisory group is adequate for CVT and
HandYtrans, staff considered two options: expand the function of the Human
Relations Commission (HRC) to include HandYtrans; or create a new commission
(perhaps called "Transit Advisory Commission") to deal exclusively with public
transportation issues related to CVT and HafldYtrans.
EXDsnd HRC
The HRC currently has the authority to advise Council on CVT matters; modification
to the Chula Vista Municipal Code relating to the advisory duties of the HRC could
expand its duties to include HandYtrans. One function listed in the ordinance
establishing the HRC (Section 2.36.010) states: "It is a further duty and function of
the Human Relations Commission to advise the City Council on matters involving
Chula Vista Transit, relating to operational activities and especially as to how well
Chula Vista Transit serves the needs of Chula Vista citizens." Transit staff has
presented CVT issues to the HRC on a few occasions in the past, but the use of the
Commission as a transportation advisory group has been underutilized.
The Transit Coordinator discussed this option to expand the role of the HRC with the
Commission at its meeting on February 10, 1993. In addition, in January 1993, the
Page 5, Item
Meeting Date 2/23/93
Transit Coordinator discussed the issue of an advisory group for CVT and HandYtrans
with the SCOOT SeniorlDisabled Committee. The Committee also concurred with the
proposal for the HRC to assume advisory responsibilities for both CVT and
HandYtrans, but s'Jggested that If the HRC's role Is expanded that the HRC consider
establishing a subcommittee to focus on senior/disabled transportation Issues, and
that existing Committee members might serve on this subcommittee.
At its February 10, 1993 meeting, the HRC expressed an interest in becoming more
involved in public transportation matters, and adopted a motion to expand its advisory
role to include both CVT and HandYtrans. Regarding the SCOOT Senior/Disabled
Committee's suggestion that the HRC establish a sub-committee to consider Senior
and Disabled issues, the Commission felt that any sub-committee of the Commission
should be composed of Commission members, and suggested that interested
committee members might apply for upcoming Commission vacancies. The HRC also
expressed the opinion that the full Commission should become more familiar with
transportation issues before appointing a sub-committee.
Create a New Commission
The other option staff considered is to establish a new commission that would deal
exclusively with public transportation issues related to CVT and HandYtrans. The
advantage to this option is that a new commission could be established, and
commissioners appointed, with a specific and exclusive interest in public
transportation matters. A disadvantage of this option is establishing another
commission and the costs associated with staffing that new advisory body.
In summary, staff recommends that the Human Relations Commission's advisory role
be expanded to include both CVT and HandYtrans. The HRC at its meeting on
February 10, 1993 concurred with this proposal and expressed an interest in being
the advisory body for both Chula Vista public/transportation systems. The ordinance
before Council amends the HRC duties and responsibilities to include HandYtrans. If
this ordinance Is approved by Council, Transit staff would begin taking transportation
Issues for both CVT and HandYtrans to the Commission in FY 1993-94.
FISCAlIMPACT: SCOOT dissolution would have no negative impact on the City of
Chula Vista TDA Article 4.0 funds. It would result in reduced administrative costs due
to time spent preparing for and attending SCOOT meetings by both city and county
staffs, and, the three elected officials who are SCOOT board members. There would
be no cost associated with expanding the advisory role of the HRC.
RIo: D~32
WPC: F:\HOMEIENGIlEERIBLLG\102.82
'-=-
-
ORDINANCE NO. 2543
AN ORDINANCE OF THE CITY OF CHULA VITA AMENDING SECTIONS
2.36.010 AND 2.36.030 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO THE ADVISORY DUTIES OF THE HUMAN RELATIONS
COMMISSION
The City Council of the City of Chula Vista hereby ordains as follows:
SECTION I: Section 2.36.010 of the Chula Vista Municipal Code is amended
to read:
2.36.010
Purpose and Intent.
.
A. It is the purpose and intent of the city council to redefine and
broaden the duties and functions of the human relations commission .
as an advisory body, to ..ke recommendations and offer advice to the
city council and the city ..nager in the improvement and
effectiveness of the interrelationships between the various racial,
religious, ethnic, socioeconomic, age and handicapped groups of
citizens forming the social body of the city and to advise the city
on how it may best proceed in the realization of its stated goal to
provide both physical and social answers to the human care needs of
said groups and to accomplish, among other things:
1. The development of a mutual understanding and respect among
all such groups in the citYi
2. The establishment and ..intenance of contacts with groups in
the community which are concerned with interracial and
intercultural understanding, and to report to the city council
and city manager regarding the activities of these groupsi
3. The promotion of new and improved programs of services to all
local citizens in cooperation with peer boards and commissions
as well as the city ..nageri
4. The encouragement of citizen participation in local government
by providing a forum for discussion so as to avoid recourse to
conflict and disorder as a _ans of resolving community
relationship problemsi
5. The protection and strengthening of the rights of various
racial, religious, ethnic, socioeconomic, age and handicapped
groups of citizens of Chula Vista to insure full enjoyment of
their constitutional privileges without regard to race, color,
creed, national origin, sex or age and the elimination thereby
of prejudice, discrimination or bigotry in this community;
.
~
Or.'n.ft~. No. ..4~
,..". 2
The advancement of programs to assist senior citizens in the
realization and satisfaction of their needs for adequate and
decent housing, food, clothing and other social concerns.
The strengthening and improvement of frograms to stimulate
housing for low and moderate income fam lies and individuals;
The encouragement of policies and programs to fully integrate
the handicapped into the mainstream of community life in the
city.
B. It is a further duty and function of the human relations commission
to advise the city council on matters involving Chula Vista public
transportation services, relating to operational activities and
especially as to how well these services serve the needs of Chula
Vista citizens.
-
.
6.
7.
8.
C. It is the intent of the city council to create healthy, enlightened
attitudes, policies and practices by establishing this commission as
an official body, not primarily as an enforcement or audit agency,
but as a commission which will conduct careful surveys, advise
intelligently, and use the tools of education and motivation to the
realization of the objectives stated herein, which are the
fulfillment of democracy's promises and realization of
constitutional guarantees.
SECTION II: Section 2.36.030 of the Chula Vista Municipal Code is amended
to read:
2.36.030
Duties and functions.
In cooperation with other relevant boards and commissions, the human
relations commission shall perform the following duties and functions:
A.
~.
C.
D.
Foster mutual understanding, respect and good will among all racial,
religious, national, ethnic, socioeconomic, age, sex and handicapped
groups in the city;
Enlist the cooperation of the various racial, religious, ethnic,
socioeconomic, age, sex. and handicapped groups, fraternal and
benevolent associations and other groups in Chula Vista in programs
and campaigns devoted to eliminating group prejudice, intolerance,
bigotry and discrimination;
Study the problems of prejudice, intolerance, bigotry,
discrimination and disorder occasioned thereby in all. or any fields
of human relationship;
.
Study, review, analyze and report to the city council and the city
..nager the studies of state and federal agencies, and legislative
enactments of state and federal governments, including but not
Page 3
limited to the several civil rights acts of the United States
government and the state;
E. Work together with city, state a~d federal agencies in developing
programs showing the contributions of the various racial, religious,
ethnic, age, sex and handicapped groups to the culture and
traditions of the city. state and nation;
F. Promote the establishment of local community organizations in such
neighborhoods as it ..y be necessary and desirable to carry out
programs to lessen tensions or fllprove group relations in the
connunity;
G. Create such advisory coanittees and subcOlllllittees as, in its
judgment, will aid in effectuating the purposes of this chapter;
H. Work with the several boards and commissions and departments of the
city toward the illprovement of municipal services and community
relations including assistance in the development of housing
programs for low and moderate income families and individuals, the
full range of programs providing assistance to senior citizens and
the handicapped and actions to eliminate age and sex discrimination;
I. Initiate and investigate complaints and initiate its own
investigation, after consultation with the City ..nager, relative to
the actions of city officials or city agencies, except that
instances of discrimination within the jurisdiction of any federal
or state commission or agency shall be referred to such commission
or agency.
J. Hold hearings and take testimony of any person under oath or
ot,herwise, relating to any matter under investigation or in question
before the commission;
K. Advise the city council and the city llinager of policies and
programs of a formal and informal nature that will aid in
eliminating all types of discrimination based on race, creed,
national origin, ancestry, age or sex, and secure the furnishing of
equal services to all residents and lliintain the quality of
opportunity for employment and advancement in the city government;
L. Prepare and submit to the city council and the city llinager, not
less than once each fiscal year, a written report of its activities
and recommendations;
M. Consider Chula Vista public transportation services, including, but
not If.ited to, route structures; fares; vehicles; interface with
all other forms of transit and bench, bus .stop and bus shelter
locations;
.
Ordinance No. 2543
Page 4
.
Q
'0-
N. Assess Chula Vista public transportation services from the
standpoint of the Chula Vista citizen and keep the city council
informed of the adequacy of service;
O. Consider and recolllllend to the city council the levels of public
transportation services in Chula Vista.
P. The commission shall be advisory in its function, and shall have no
police or enforcement powers. It shall issue no reports or
recommendations except through the city council and the city
IIInager.
SECTION III: This ordinance shall be in full force on the thirtieth day
after its adoption and effective as of July I, 1993.
Presented by
Approved as to form by
J#/t -.
Jo P. Lippi t~
Oifector of Public Works
/-~ L. L //L -
D. Richard Rudolf~
Assistant City A~r.ney .
.
.
Ordinance No. 2543
Page 5
,
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 2nd day of March, 1993, by the following vote:
AYES: Councilllelllbers: Fox, Moore, Rindone, Nader
NOES: Councillembers: None
ABSENT: Council_mbers: Horton
ABSTAIN: Councillelllbers: None
ATTEST:
/;~ . (0, /, ,
'-- I~'/ / . i ( .,.' _ .' '. l
1~:"-t~..:/ . 1.- ._{(..,_ d l t
Beverly ~. Authelet, City Clerk
STATE OF CALIFORNIA ~
COUNTY OF SAN DIEGO .
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2543 had its first reading on
February 23, 1993, and its second reading and adoption at a regular meeting of
said City Council held on the 2nd day of March, 1993.
55.
Executed this 2nd day of March, 1993.
Beverly A.
COUNCIL AGENDA STATEMENT
Item
Jib
Meeting Date 6/07/94
ITEM TITLE: Proclamation - Proclaiming the Week of June 3 through June 10, 1994
LAW ENFORCEMENT RECORDS & SUPPORT WEEK
SUBMITTED BY:
Mayor Tim Nade~
(4/5ths Vote: Yes___ NoxX )
The proclamation declaring the week of June 3 through June 10, 1994 as
LAW ENFORCEMENT RECORDS & SUPPORT WEEK will be presented by Mayor Nader
to Records Manager Sue Roos and Records Supervisor Mary Small of the
Chula Vista Police Department.
Jlb-)
Form A-113 (Rev. 11/79)
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LEAGUE OF CALIFORNIA CITIES
D r~Jj} r-- :(~ DIEGO COUNTY DIVISION
i~' i :;': i JOAN SHOEMAKER, PRESIDENT
iU: MAY I 9 IS_4 ; _:, ! Mayor, City of EI Cajon
L- ~,J' 200~. Main Street
~'" ,~; EI Cajon, CA 92020
C::',L:, ,,',', :;,\ (619) 441-1776
May 10, 1994
CARLS BAD
CHULA VISTA
CORONADO
DEL MAR
EL CAJON
ENCINITAS
Mayor Tim Nader
City of Chula Vista
P.O. Box 1087
Chu1a Vista, CA 91910
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unmittee of the San Diego County Division of the
Jay 9, 1994, the members present discussed the
\1obile Home Fairness and Rental Assistance Act".
Resolution No. 1-94 in opposition to this legislation
ded to you for consideration by your city.
pposition to this initiative.
EN COMMUNICATIONS
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RESOLUTION NO. 1.94
A RESOLUTION OF THE EXECUTIVE COMMITTEE OF THE SAN
DIEGO COUNTY DIVISION REGARDING A STATEWIDE
INITIATIVE STATUTE ENTITLED "MOBILE HOME FAIRNESS AND
RENTAL ASSISTANCE ACT"
WHEREAS, the Executive Committee of the San Diego County Division of the League
of California Cities (hereafter referred to as Executive Committee) has continued to assist the
mobilehome community in effecting and enforcing their rights as valued residents within our
mobilehome parks; and
WHEREAS, the Executive Committee desires that residents of San Diego be fully
informed regarding a statewide initiative entitled "Mobilehome Fairness and Rental Assistance
Act"; and
WHEREAS, it appears the initiative is an attempt to attack a local government's ability
to enact mobilehome rent control ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE EXECUTIVE COMMITTEE OF
THE SAN DIEGO COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES:
I. The Executive Committee does hereby call to the attention of all voters that the
title of this initiative may be misleading and urge that the citizens read the
initiative carefully before signing or voting.
2. That the Executive Committee does hereby wish to go on record in opposition to
any attempt by the State of California to reduce the power of municipal
government to enact ordinances on behalf of the residents of their respective
cities.
PASSED AND ADOPTED by the Executive Committee of the San Diego County
Division of the League of California Cities at a meeting held this 9th da of May, 1994.
~~::e';~er .
President
ATTEST:
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Harvey.s Bake Shop & Restaurant
333 Third Aveue . Chula Vista, Califamia 9191 0 . 420-8660
Since 1962
APRIL 20, 1994
MR. DANIEL MASON,
CHAIRMAN OF THE
TOWN CENTRE PROJECT AREA COMMITEE
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DEAR MR. MASON,
DUE TO PERSONAL AND BUSINESS REASONS, IT IS NECESSARY TO
INVOLVE MYSELF MORE INTO THE DAILY MANAGING OF MY AFFAIRS.
I HEREBY SUBMIT MY RESIGNATION TO THE #4 SEAT OF THE COMMITTEE.
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SINC~ELY Y9YRS,
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WRmEN COMMUNICATIONS
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May 25, 1994
This written communication comes from C. Hector M. Noriega Hernandez,
Municipal Operations Commander for the Auxiliary Radio Brigade for the
City of Tijuana.
They are requesting a donation of equipment.
WR.nEN COMMUNICAnONS
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RADIO BRIGADA DE AUXlUO DE LA RtPUi3Uc:A M~~fVEO
- DEtEGAClON TUUANA B. C. ' '- .
R.F.C.. CAP 901031 UTA
MilT L'J P I ~l
; ... CHULA VISTA
,.UK'S OfFICE
C. Administrador
Cd. Chule Vista Calif.
Pre s e n t e.
Por medio de la presente me permito enviarle un
afectuoso saluda y al mismo tiempo solicitar1e si dentro sus po-
-sibi1idades se encuentra, la donacion de equipo que ya no se
utilice por parte de la Ciudad de Chula Vista, que tan atinada-
-mente usted a~ministra.
Equipo que se utilizaria en nuestras unidades de
servicio a nustra comunidad y a1 turismo que nos vis ita. , hago
mens ion que trabajamos en coordinaciJn con la Direccion de Segu-
-rida0 Publica Municipal, y con la DirecciJn de Bomberos y Pro-
-teccion Civil.. . .
Del m~smo modo me perm~to presBntar al C. Serg~o
Lujan Chavez, como coordinador de Relaciones Publicas de nuestra
Institucion por 10 que de ser creditada nuestra peticion se 1e
sea entregado el donativo.
Sabedor de au alto espiritu altruista no dudamos
el vemos favorecidos por nuestra peticion., agradeciendo su aten-
-cion ]?restada a la presente me permito manifestarme como su aten-
-to y segurJ servidor.
T E
Tijuana B.Cfa. 20 mayo 1994
a ernandez
vo Mpal.
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RECEIVED
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Nicole Cazares
45 EI Rancho Vista
Chula Vista, CA 91 91 0
,
.
May 9,1994
Mayor Tim Nader and City Council Members:
As of May 9, 1994, I Youth Commissioner Nicole Cazares, regretfully resign from the
Chula Vista Youth Commission. Due to educational and employment demands, I am
unable to put forth the time and effort that I feeHs required for this commitment.
I completely enjoyed offering my assistance to the youth of Chula Vista and will
continue doing so in the future. I feel this position would be well served by an
enthusiastic high school student interested in helping his/her peers, as I was when I
joined the Youth Commission two years ago'.
.' Thank you for allowing me the opportunity to serve the City of Chula Vista. It was
truly an experience that I am very thankful for and will never forget.
Sincerely,
Nicole Cazares'
Cc-:
- WRln,EN COMMUNICA nONS
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COUNCIL AGENDA STATEMENT
ITEM (,
MEETING DATE 6/7/94
ITEM TITLE:
.259.:1
ORDINANCE to amend the Municipal Code adding a section
establishing the Veterans Advisory Commission.
SUBMITTED BY: DIRECTOR OF PERSONNEL (jfr--
REVIEWED BY: CITY MANAGER 1(; ~ tr (4/5th Vote: Yes_ NoXJ
At the March 15th City Council meeting, staff was directed to prepare an Ordinance
amending the Municipal Code to add a section establishing the Veterans Advisory
Commission.
RECOMMENDATION:
That Council place the Ordinance on first reading.
. BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: The 5 member Veterans Advisory Taskforce was established by the
Council in 1993, for the purpose of determining the appropriateness of formally
creating a City Commission dealing with veterans issues.
The taskforce has met regularly since its creation and, in addition to discussing
specific issues facing veterans in the City of Chula Vista, has identified the primary
functions of the proposed commission as:
. Serve as an information resource to the City Council on matters relating to City
policy regarding veterans entitlement programs established by legislation from
the Federal, State and County.
. Promote and assist the City in Veterans Day and Memorial Day observances,
and other City military recognition events.
. Encourage and promote patriotism in the City including support, as available,
to the Military Services recruitment offices.
. Provide a forum for discussion of issues relating to military veterans and active
duty military personnel as they relate to the City.
. Coordinate with the City veterans fraternal organizations regarding resources
available for mobilization in case of disaster or emergency.
~-I
. Promote interest in flag etiquette and display, and represent the City in
providing notice of flag use violations.
. Provide advice and assistance to City residents, when requested, regarding
resources available to veterans, spouses, and veterans dependents.
. Coordinate City individual recognition programs for Active Duty Military and
Veteran residents of the City who have achieved significant merit.
. Formulate and develop a recommended City position and endorsement
regarding proposed legislation affecting veterans.
. Attend meetings and report on actions affecting the City taken by the San
Diego County Veterans Advisory Council.
. Study future needs of veterans including veterans homes and Veterans halls.
. Act as liaison between the City and Veterans Fraternal organizations regarding
community programs.
The attached ordinance provides for a 7 member commiSSion proposed by the
taskforce and identifies terms, purpose, membership and staff support.
FISCAL IMPACT: Both the Personnel Director and the Administrative Secretary
attend the meetings which average 1 1/2 hours per month. The Administrative
Secretary receives comp time for the overtime involved. Xeroxing and mailing costs
associated with the Commission will be absorbed by the Personnel Department. If
this proves unreasonable, the issue of a budget for this Commission will be revisited
in next budget year.
~~,2
ORDINANCE NO. .2>93
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 2.39 TO THE CHULA VISTA MUNICIPAL CODE
ESTABLISHING A VETERANS ADVISORY COMMISSION.
The City Council of the city of Chula vista does ordain as
follows:
section 1. That Chula vista Municipal Code is hereby amended
by adding a new Chapter 2.39 to read as follows:
"CHAPTER 2.39 VETERANS ADVISORY COMMISSION
SECTIONS
section 2.39.010.
section 2.39.020.
section 2.39.030.
section 2.39.040.
section 2.39.050.
section 2.39.060.
Creation
Purpose and Intent
Functions and Duties
Membership
Term of Office
Operation of commission
section 2~39.010.
Creation.
There is hereby created a Veterans Advisory commission.
section 2.39.020
PurDose and Intent.
It is the purpose and intent of the Veterans Advisory
Commission to serve as a resource to provide advice and make
recommendations to the city Council and the City Manager on
issues affecting veterans and on matters with which veterans
have special areas of knowledge and expertise, and to serve as
a focal point for mustering various segments of the community
to provide volunteers for various community-oriented projects.
Section 2.39.030
Functions and Duties.
The function and duties of the Veterans Advisory
Commission shall be as follows:
A. Provide advice to the City Council on matters directly
relating to veterans ("Direct Issues").
1
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B. To serve as an information resource to the City Council
on matters relating to the City policy regarding veterans
entitlement programs established by Legislation from
Federal, state, or County.
C.
To promote and assist the
Memorial Day observations
recognition events.
ci ty on Veteran's Day or
and other City military
D. Encourage and promote patriotism in the city including
support as available to military services recruitment
offices.
E. To provide a forum for discussion of issues relating to
military veterans.
F. Coordinate with the City Veterans fraternal organizations
regarding resources available for mobilization in case of
a disaster or emergency.
G. To promote interest in flag etiquette and display and
represent the City in providing notices of flag use
violations.
I. Provide advice and assistance to City residents when
requested regarding resources available to veterans'
spouses, and veterans' dependents.
H.
Coordinate City individual recognition programs
active duty military and veteran residents of the
who have achieved significant merit.
for
city
J. Formulate and develop a recommended city position and
endorsement regarding proposed legislation affecting
veterans and military personnel.
K. Attend meetings of and report on actions affecting the
City taken by the San Diego County Veterans Advisory
Council.
L. Study future needs of Veterans including veterans homes
and Veterans halls.
M. Act as liaison between the City and Veterans Fraternal
organizations regarding community programs.
N. Provide various analyses and reports to the City Council.
2
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O. Provide advice regarding matters of protocol with which
veterans are especially familiar such as flag
presentation, color guard procedures and other military
and paramilitary procedures.
Section 2.39.040
Membershi)).
A. Number of Members.
The Commission shall consist of (7) voting Members, and
two (2) Staff Ex-officio Members.
B. Designation of Members.
1. Voting Members.
The seven (7) voting Members shall be appointed by the
City Council from the qualified electors of the city in
accordance with the provisions of section 600, et seq. of the
Charter, whom shall be residents of the City and who shall,
throughout their term, maintain their residency and elector
status.
2. Staff Ex-officio Members.
The two (2) Staff Ex-officio Members may be the City
Manager or their designated representatives, who shall not be
required to be qualified electors of the city, and who shall
have no vote ("Staff Ex-officio Member").
section 2.39.050
Term of Office
A. Term of Office--All Classes of Members.
1. Post-Initial Terms
Except as otherwise provided in this Subsection A,
the term of office of all members, and all classes of
members, of said commission shall be for a nominal period
of four (4) years, and shall terminate on June 30th of
the fourth year of their term, unless they shall other
wise sooner resign, die, become disqualified or
incompetent to hold Office.
2. Initial Terms of voting Members.
Notwithstanding subsection A.1., the Initial terms
of Voting Members shall commence upon appointment and
shall conclude, for one (1) Voting Member on June 30,
3
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1995; for two (2) voting Members on June 30, 1996; for
two (2) Voting Members on June 30, 1997; and for two (2)
voting Members on June 30, 1998, unless they shall
otherwise sooner resign, die, become disqualified or
incompetent to hold Office.
a. Appointment to Initial Terms by Lot.
Appointment of the initial voting Members as to the
Initial Terms shall be determined by lot.
3. Staff Ex-officio Members.
The term of the Staff Ex-offico Members shall be
indefinite, and they shall serve at the pleasure of the
Council.
4. Holdover Office.
Notwi thstanding the end of any Member's Initial Term
or Post-initial Term as herein provided, a Member, other
than the Staff Ex-officio Members, shall be permitted to
continue to exercise the privileges of his or her former
Office until the Office to which the Member was appointed
is filled by re-appointment or by the appointment of a
qualified successor, but not for more than six (6) months
after the end of the term.
5. Vacancies.
Notwithstanding the term of Office to which a Member
is appointed, said Office shall be deemed vacant upon any
of the following events ("Event of Vacancy"):
a. The death or disability of said Member that
renders said Member incapable of performing the duties of
his/her Office.
b. The member's conviction of a felony or crime
involving moral turpitude.
c. The member's absence from three (3) regular,
consecutive meetings of the Commission, unless
excused by majority vote of the Commission
expressed in its official minutes.
d. The member has submitted a resignation which
resignation has been accepted by the City
Council.
4
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e. The member has been terminated by three
affirmative votes of the City Council.
Upon the occurrence of an Event of Vacancy as hereinabove
listed, the City Council shall so declare the Office to
be vacant, and shall expeditiously take such steps as are
necessary to fill said vacancy.
B. Number of Terms.
1. Voting Members
a. Two Term Limit. No Voting Member shall be
appointed to more than two (2) terms except as herein
provided ("Two Term Limit").
b. Unexpired Term Exception. Notwithstanding
the Two Term Limit, a person appointed to the Commission
as a Voting Member to fill the unexpired term of an
Office of a Voting Member which has become vacant
("Unexpired Term") which has less than two (2) years
remaining on said Unexpired Term, may be appointed to two
(2) terms in addition to their Unexpired Term. A Voting
Member who currently occupies an Office may not be re-
appointed to fill the Unexpired Term of another Office
which has become vacant.
c. Initial Term Exception. Notwithstanding
the Two Term Limit, a person appointed to an Initial Term
of two (2) or less years may be appointed at the natural
expiration of their Initial Term to two (2) terms in
addition to their Initial Term. A voting Member who
occupies an Office under an Initial Term may not be
appointed to fill the Unexpired Term of another Office
which has been become vacant.
d. Any Voting Member may be re-appointed to
serve on the Commission after two (2) successive years of
not serving on the Commission in any Office or Membership
capacity--Voting or Staff Ex-officio.
Section 2.39.060
O~eration of Commission.
A. Time of Meetings.
1. First Pre-election ("Organizational Meeting"). Among
such other meetings as the Commission may desire to have, the
Commission shall meet not later than the third Tuesday of the
month following appointment of the seventh commissioner and
thereupon shall do the following:
5
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a. Select a Chairperson and Vice Chairperson from
among its voting Members to serve for a period of one (1)
year.
b. Assign such duties to its members as it
determines may be necessary.
c. Deliberate upon agenda issues for further
deliberation and discussion by the Commission.
2. Other Meetings. The Commission shall meet at such
other times as it be shall established by majority vote, or at
such time as the Chairperson thereof may call, or at such
times as a majority of the members thereof may call a meeting.
B. Place of Meetings.
Unless the Commission shall otherwise establish another
regular place for its meetings and advise the City Clerk
accordingly, the Commission shall meet in Conference Room 1 in
the Public Service Building, located at 276 Fourth Avenue,
Chula vista, or at such other place as may be posted upon the
door of said Conference Room at least thirty (30) minutes in
advance of the Meeting.
C. Conduct of Meetings.
The meetings of the Commission, shall be governed by the
same rules and regulations by which the city Council is bound
in the conduct of public meetings.
D. Quorum.
Four Voting Members shall constitute a quorum for the
transaction of business.
E. Resolutions.
The affirmative vote
membership shall be required
of the Commission.
of a majority of the entire
for the passage of any resolution
F. Reports and Recommendations.
All reports and recommendations shall be made in writing.
G. Staff support.
It is the intention of Council that the Commission can
function without significant staff support. Toward this
objective, the Commission is charged with minimizing the
6
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involvement of City staff, and in particular, shall (1)
address those matters on their meeting agendas for which City
staff is present in priority order to other matters; (2)
invite City staff to leave all meetings after the commission
has addressed those matters for which City staff is present.
The City Manager may, in his/her prudent discretion and giving
full regard to diminishing resources of the City, make staff
and clerical support available to the Commission to fulfill
its functions and duties.
H. Ex-officio Privilege.
The right of ex-officio members to participate in
deliberations of the Commission or attend Commission meetings
is to be at their sole discretion. The Commission shall not
issue any directives to ex-officio members.
I. Rules and Regulations.
The Commission may make such rules and regulations not
inconsistent with the provisions of this Chapter.
section 2: This ordinance shall take effect and be in full
force on the thirtieth day from and after its adoption.
Presented by:
Approved as to form by:
Candy Boshell
Director of Personnel
C:\or\veteran8.239
Bruce M. Boogaard
City Attorney
7
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COUNCIL AGENDA STATEMENT
?
TITLE:
Item
Meeting Date 6/7/94
RESOLUTION }?ft)~aiVing the Consultant
Selection Requirements and Authorizing the Mayor to
Execute a Contract for Consultant Services Not to
Exceed $25,000 with Brown, Vence and Associates
(BVA) for Solid Waste Contract Negotiation and
Monitoring Assistance, and Appropriating Funds
Therefor
Deputy city Manager Krempl ~ ___
Principal Managemen~sistant Snyder-~
City ManagerJ(; b iff (4/5ths Vote: Yes-L No_)
At the 5/24/94 meeting, council approved moving forward with the
first phase of development of a solid waste transfer station. As
a preparatory step, staff was directed to return at this meeting
with a draft contract for specialized consultant services from BVA
to assist in the negotiation of a contract with the preferred
service provider for the siting, conceptual design, and permitting
of the transfer station.
SUBMITTED BY:
REVIEWED BY:
This contract provides for that assistance during negotiation and
allows for additional technical assistance (based on the
availability of funds) for monitoring the first phase of
development, if the service contract is subsequently approved by
Council.
RECOMMENDATION:
Approve resolution.
BOARD/COMMISSION RECOMMENDATION:
DISCUSSION:
Not applicable.
BVA has provided the city with solid waste technical expertise
since October 1993 through two previous contracts and one contract
extension directed by the City Council as follows:
Date Services Aoorooriation Exoenditure
10/19/93 RFP Development $17,000 $16,022.29
3/1/94 Proposal Evaluation
& Economic Analysis $24,850 (Est. ) $24,850.00
5/10/94 Extension to 3/1/94
Contract- two weeks $10,000 (Est.) $ 7,000.00
TOTALS TO DATE $51,850 (Est. ) $47,872.29
7-/
Page 2, Item
Meeting Date 6/7/94
7
Attachment A is a recommended contract for new services in an
amount not to exceed $25,000. Through this contract, BVA will
assist the City in the negotiations with the selected vendor,
Sexton/Chula vista Sanitary (Sexton) to take place during the month
of June 1994. As also directed by Council at the 5/24/94 meeting,
staff is expected to return to the city Council with a proposed
contract with Sexton on 7/12/94.
Because it is difficult to clearly define the specific tasks that
will be needed at this time, the contract is set up on a "time and
materials" basis and all work will be performed at the direction of
City staff. It assumes that BVA will provide technical support to
all City staff assisting in the negotiations. The city will have
responsibility for contract drafting and finalization.
The types of assistance that may be provided by BVA include:
o Verifying the reasonableness of Sexton's costs
o Review of all or portions of the contract between the
City and Sexton
o Drafting alternate or supplementary language
o Preparation or review of contract exhibits or appendices
o Documenting work assignments, deliverables and progress
made at each negotiations session
o other activities as needed by the negotiating team
If the funds needed to complete negotiations are not exhausted, and
the city Council approves the contract with Sexton on 7/12/94, this
contract also provides for the remaining funds to be used as needed
for technical assistance and monitoring during this first phase of
the transfer station development. As an example, BVA's solid waste
experience would be needed in establishing siting criteria,
developing design guidelines, reviewing facility design and
permitting documents, and general monitoring of Sexton's work.
It is recommended that consultant selection requirements be waived
in order to allow timely negotiation of the first phase of the
transfer station development. In addition to BVA's demonstrated
solid waste expertise, the firm's involvement in the RFP and
proposal evaluation process to date assures the City will have
well-informed and technically proficient assistance during the
negotiations.
?-.2..
paqe 3, It_
Meetinq Date 6/7/94
7
FISCAL IMPACT: Although the recommended contract amount is not
to exceed $25,000, there are approximately $3,000 in funds
remaining from the previously approved contract extension of
$10,000. Therefore, the fiscal impact of this action would be an
appropriation of $22,000 from the unappropriated balance of the
General Fund to 100-0210-5201.
Expenditure of all of these contract funds would amount to a
cumulative payment for consultant services to BVA of approximately
$72,870 since October 1993.
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RESOLUTION NO.
1?5PJI'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT SELECTION
PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR CONSULTANT SERVICES NOT TO EXCEED
$25,000 WITH BROWN, VENCE & ASSOCIATES FOR THE
SOLID WASTE CONTRACT NEGOTIATION AND MONITORING
ASSISTANCE AND APPROPRIATING FUNDS THEREFOR
WHEREAS, at the 10/19/93 meeting, the City Council
directed staff to proceed with the development and issuance of an
RFP for solid waste services as an alternative to the present
County solid waste management system; and
WHEREAS, on March 1, 1994, the City Council waived the
bid requirements and authorized the Mayor to execute a contract
with the Consultant not to exceed $24,850 for the evaluation of the
proposals received under the RFP; and
WHEREAS, on May 10, 1994, the city Council extended the
scope of services on the second contract for the Consultant to
assist the City in further evaluation of a transfer station
strategy in an amount not to exceed $10,000; and
WHEREAS, on May 24, 1994, the city Council directed staff
to negotiate a contract with the Consultant for negotiation
services.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby waive the consultant selection
requirements in order to allow timely negotiations for the first
phase of development of a solid waste transfer station and because
the proposed Consultant has been working on and is familiar with
the project, and awards the contract to the same consultant used
for the issuance of the RFP and proposal evaluation, Brown, Vence
& Associates for an amount not to exceed $25,000 known as document
number (to be completed by the City Clerk in the final
document), a copy of which in on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized to execute said contract on behalf
of the City of Chula vista.
BE IT FURTHER RESOLVED that the sum of $22,000 is hereby
appropriated from the unappropriated balance of the General Fund to
Account 100-0210-5201.
Presented by
Approved as to form by
Bruce M. Boogaard, city
Attorney
George Krempl, Deputy City
Manager
c:\rs\BVA
?-lj
Attachment A
Agreement between
City of Chula Vista
and
Brown, Vence and Associates
for consulting services for Solid Waste Contract Negotiation and
Monitoring Assistance
This agreement ("Agreement"), dated May 25, 1994 for the
purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is
set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the
following facts:
Recitals
Whereas, on September 21, 1993 the city Council directed
staff to proceed with an RFP for the procurement of solid waste
management and disposal options by determining and recommending
appropriate consultant services to prepare the RFP; and,
Whereas, on October 19, 1993 the City council authorized the
City Manager to negotiate a contract with the Consultant not to
exceed $17,000 for the davelopment of the RFP; and,
Whereas, on March 1, 1994 the City Council waived the bid
requirements and authorized the Mayor to execute a contract with
the Consultant not to exceed $24,850 for the evaluation of the
proposals received under the RFP; and,
Whereas, on May 10, 1994 the city Council extended the scope
of services on the second contract for the Consultant to assist
the City in further evaluation of a transfer station strategy in
an amount not to exceed $10,000; and,
Whereas, on May 24, 1994 the city Council directed staff to
negotiate a contract with the Consultant for negotiation
services; and,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
?-5
obligatory provisions
NOW, THEREFORE, BE IT RESOLVED that the city and Consultant
do hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph 7, entitled "General Duties";
and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
schedule", not inconsistent with the General Duties, according
to, and within the time frames set forth in Exhibit A, Paragraph
8 and Exhibit C, and deliver to City such Deliverables as are
identified in Exhibit A, Paragraph 8, within the time frames set
forth therein, time being of the essence of this agreement. The
General Duties and the work and deliverables required in the
Scope of Work and Schedule shall be herein referred to as the
"Defined Services". Failure to complete the Defined Services by
the times indicated does not, except at the option of the City,
operate to terminate this Agreement.
C. Reductions in ~cope of Work
City may independently, or upon request from Consultant,
from time to time reduce the Defined Services to be performed by
the Consultant under this Agreement. Upon doing so, city and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform
same on a time and materials basis at the rates set forth in the
"Fee Schedule" in Exhibit B, unless a separate fixed fee is
otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
Agreement with Brown, Vence and Associates
Page 2
7-/'
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City and Applicant as an Additional Insured, and which is
primary to any policy which the City may otherwise carry
("Primary coverage"), and which treats the employees of the City
and Applicant in the sam~ manner as members of the general public
("Cross-liability coverage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance coverage.
(1) certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under
this Agreement, by delivery of Certificates of Insurance
demonstrating same, and further indicating that the policies may
not be canceled without at least thirty (30) days written notice
to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured
Agreement with Brown, Vence and Associates
Page 3
?-'1
coverage, primary coverage and cross-liability coverage required
under Consultant's Commercial General Liability Insurance POlicy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
2. Duties of the city
A. Consultation and cooperation
city shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and SChedule
therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit
access to its office facilities, files and records by Consultant
throughout the term of the agreement. In addition thereto, City
agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials
beyond 30 days after authorization to proceed, shall constitute a
basis for the justifiable delay in the Consultant's performance
of this agreement.
B. Compensation
Upon receipt ~f a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 16, but in no event more frequently than monthly, on
the day of the period indicated in Exhibit A, Paragraph 16, city
shall compensate Consultant for all services rendered by Consult-
ant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, subject to the requirements for retention set forth
in paragraph 17 of Exhibit A, and shall compensate Consultant for
out of pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain
sufficient information as to the propriety of the billing to
permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's
account number indicated on Exhibit A, Paragraph 16 (C) to be
charged upon making such payment.
3. Administration of Contract
Agreement with Brown, Vence and Associates
Page 4
?~~
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term
This Agreement shall terminate when the Parties have
complied with all executory provisions hereof.
5. Delays
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the City's Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon the effect of delays to the work
and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 14, as
an "FPPC filer", Consultant is deemed to be a "Consultant" for
the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
city Clerk on the requir~d statement of Economic Interests in
such reporting categories as are specified in paragraph 14 of
Exhibit A, or if none are specified, then as determined by the
City Attorney.
B. Decline to participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
Agreement with Brown, Vence and Associates
Page 5
?-'t
"
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the city Attorney of city if Consultant
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in
any property within 2 radial miles from the exterior boundaries
of any property which may be the subject matter of the Defined
Services.
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of city.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with consultant's responsibilities under this Agreement,
except with the written permission of City.
Agreement with Brown, Vence and Associates
Page 6
?~/P
7. Hold Harmless
Consultant shall defend, indemnify and hold harmless the
city, its elected and appointed officers and employees, from and
against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of any
negligent act or omission connected with the performance of the
contract by the Consultant, or any agent or employee, subcontrac-
tors, or others in connection with the execution of the work
covered by this Agreement, except only for those claims arising
from the sole negligence or sole willful conduct of the City, its
officers, or employees. Consultant's indemnification shall in-
clude any and all reasonable costs, expenses, attorneys' fees and
liability incurred by the City, its officers, agents, or
employees in defending against such claims, whether the same
proceed to judgment or not.
Further, Consultant at its own expense shall, upon written
request by the City, defend any such suit or action brought
against the City, its officers, agents, or employees. Consult-
ants' indemnification of City shall not be limited by any prior
or subsequent declaration by the Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this ~greement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least ~ive (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the
city, become the property of the City, and Consultant shall be
entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance
of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse city
for any additional expenses incurred by the City. Nothing herein
Agreement with Brown, Vence and Associates
Page 7
/-/1
is intended to limit City's rights under other provisions of this
agreement.
10. Termination of Agreement for Convenience of city
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become city's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other
materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for
damages or compensation arising under this Agreement except as
set forth herein.
11. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of city,
which city may not unreasonably deny. Nothing contained in this
paragraph prohibits the assignment of accounts receivable for
financing purposes. .
12. ownership, publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of city. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the United states or in any other country without the express
written consent of City.
City shall have unrestricted authority to publish, disclose
(except as may be limited by the provisions of the Public Records
Act), distribute, and otherwise use, copyright or patent, in
whole or in part, any such reports, studies, data, statistics,
forms or other materials or properties produced under this
Agreement.
Agreement with Brown, Vence and Associates
Page 8
?~/~
13. Independent Contractor
City is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the cons~ltant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been
presented in writing and filed with the City and acted upon by
the City in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, as same may from time to
time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in
good faith with city for the purpose of resolving any dispute
over the terms of this Agreement.
.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
16. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement
of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Consultant Not Authorized to Represent City
Agreement with Brown, Vence and Associates
Page 9
?'13
Unless specifically authorized in writing by City, Consult-
ant shall have no authority to act as City's agent to bind city
to any contractual agreements whatsoever.
B. Notices
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United states mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
C. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
D. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
E. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the state of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego county, state
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the city of Chula vista.
Agreement with Brown, Vence and Associates
Page 10
~J1
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By= rOhrmafiJ.lla-l'u/
ThOlllUiJ D. V8UC4I, V~ce-Pt"8.1c1ent:
bhibit :List to Aqre-.ntl
(X) Exhibit A
(X) Exhibit B, ll'ea SchlldQle
(X) j!vt>ihit C, b.~.1~.4 SoopGl of! Work
A9re8lllent with Brown, Venae anc! Auociates
Page 11
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05-25-9~ O~:~OPM P015 #45
Exhibit A
to
Agreement between
City of Chula Vista
and
Brown, Vence and Associates
1. Effective Date of Agreement:
2. City-Related Entity:
June 7, 1994
City of Chula Vista, a
municipal chartered corporation
of the state of California
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
Brown, Vence and Associates
120 Montgomery street
Suite 1000
San Francisco, CA 94104
5.
Business
(
(
(X
Form of Consultant:
) Sole Proprietorship
) Partnership
) corporation
6. Place of Business, Telephone and Fax Number of Consultant:
120 Montgomery Street, Suite 1000
San Francisco, CA 94104
Voice Phone 415/ 434-0900
Fax Phone 415/ 956-6220
7. General Duties: To provide solid waste technical
assistance during the negotiation of a contract for transfer
station development services, as well as to provide technical and
monitoring assistance should the contract for the transfer station
proceed.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
See Exhibit C attached.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
7"/~
Deliverables and their time
determined in writing by mutual
the Consultant during the term
limits for delivery to be
agreement between the city and
of the contract.
D. Date for completion of all Consultant services:
February 28, 1996 or term of contract for transfer station
development services.
9. Insurance Requirements:
(X) statutory Worker's Compensation Insurance
(X) Employer'S Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required (included
in Commercial General Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
Materials to be determined by mutual agreement between the
City and the Consultant during the term of the contract.
11. Compensation:
A. () Single Fixed Fee Arrangement.
Not applicable.
B. () Phased Fixed Fee Arrangement.
Not applicable.
C. (x) Hourly Rate Arrangement.
For performance of Defined Services by Consultant in Exhibit
C to this Agreement (Detailed Scope of Work), City shall pay
Consultant for the productive hours of time spent by Consultant in
the performance of said Services, at the rates or amounts set forth
in the Rate Schedule hereinbelow according to the following terms
and conditions:
(1) (x) Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum Compensation
amount, Consultant agrees that Consultant will perform
all of the Defined Services herein required of Consultant
Exhibit A to Agreement with Brown, Vence and Associates
Page 2
7-/7
for $25,000 including all Materials,
"reimbursables" ("Maximum Compensation").
and other
(2) () Limitation without Further Authorization on
Time and Materials Arrangement
Not applicable.
Rate Schedule
Category of Employee
of Consultant
~
Hourly
BAtA
$140
$110
$ 90
senior Principal
Senior Associate II
Associate II
Thomas Vence
Michael Greenberg
Tracy Swanborn
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant
in the performance of services determined under the Hourly Rate
Arrangement, City shall pay Consultant at the rates or amounts set
forth below:
None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
(x) Copies, not td exceed $30: Cost + 10%
(x) Travel, not to exceed $3,500: Cost + 10%
() Printinq, not to exceed $
() Postage, not to exceed $
(x) Delivery, not to exceed $120: Cost + 10%
() Long Distance Telephone Charges,
not to exceed $ .
(x) Other Actual Identifiable Direct Costs:
Communications (fax, phone), not to
exceed $500: 2% of invoice
13. Contract Administrators:
City:
Stephanie Snyder, Principal Management Assistant,
city Hall, 276 Fourth Avenue, Chula Vista, CA
91910, Phone 619/ 691-5031
Consultant:
Thomas D. Vence, Vice-President,
street, suite 1000, San Francisco,
415/ 434-0900
120 Montgomery
CA 94104, Phone
Exhibit A to Agreement with Brown, Vence and Associates
Page 3
?-I r'
14. statement of Economic Interests, Consultant Reporting
categories, per Conflict of Interest Code:
( X) Not Applicable. Not an FPPC Filer.
15. Permitted Subconsultants:
None.
16. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
(X ) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
(X ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. city's Account Number: 100-0210-5201
17. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) other security:
Type:
Amount: $
(X Retention. If this space is checked, then
notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant
sooner, the city shall be entitled to retain, at their
option, either the following "Retention Percentage" or
"Retention Amount" until the City determines that the
Retention Release Event, listed below, has occurred:
(X ) Retention Percentage: 10%
( ) Retention Amount:
Retention Release Event:
(X ) Completion of All Consultant Services
Exhibit A to Agreement with Brown, Vence and Associates
Page 4
7-/7
10~05-93 1U:l'fAJI. f\(1Ji ~KUIlN, ye~vC lIll\~~Uv IU IUIJ,.OU1U'f
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IVA
FEE SCHEDULE
Exhibit B to Agreement between
City of Chula Vista and
Brown. Vence and Associates
TPrRNl("-AIl~V1CFS
Smior ~
PriDc:ipal :
SeIlior A...-lp. n
SeIIIor AllOCllH I
A......- n .
AsIoelr I i
.
~1PImIf- D
ll~/PIaDiIer I
Ward. Procu.pr. Seciellrlal
A1S0C
$140 pet bout
S120 per bout
$110 per bDur
SI00 per bout
S90 per boar
$SO per bDur
S'7O pel' bout
S60 pet bDur
S4S pet bout
R"R1M'At1R~m CMTS
eoa.,........; ~b<....I..aon
Lodama IIId i4eals
Trawll !
_ prmfe or c:omplIP)' ell'
- III obr
~
BIJIdIDJ 8Dd CoWl"
J)oIiv<<y IIId 9d- E~
O~r '1'Imc
Commlmiadons (Fu. Telepholle. etC.)
Cost + 10"
Cost + 10"
SO.34Jm1lc
Cost + 10"
$0.082 pel" image
S5.7S
Cost + 10"
S26 per !loUr
2" udwP ClIl taCII ~ice
!
PAYMENTS :
I
VDIess ~ qreed in wrkln&. fees will be billed mondIly . die ftnt of eacb IIIDIIlh tlr tbe
precedln& 1DOlIth. and will be payable wilbln thirty (30) dayl of the dare of die invoice.
. .
.
F.SCAUTIO~
i
Pees will be llV"lacllCIIlianmIIl\y in ac=_I__ with.. d1.....ln.... ContallIet Price lndex for
the San ~V" Bay Area plus two pOtcent per UDIIII.
LATE CHARGES
Imoices which II'e not pIi4 w\1Illn thirty (30) days will be CI*'pd I monlIlly lite fee Of I,'" of
tbe ......-.., IIt\OIIIIt. AdcIItionI1Iy. time ~ punuirla overdue ICe"IIIID reCei1llb1e will be IIIded
to the clieals InVOice. SIIdI lime is considered Over IIId aboW die ...... sccpe of work and thus
b in Idditio- ~ Iny qreecI fee.
WMCR ~._ ~....a"'"
7';~O
Exhibit C
Detailed scope of Work
The following detailed scope of work addresses the services to be
provided by the Consultant in order to provide solid waste
technical assistance during the negotiation of a contract for
transfer station development services, as well as to provide
technical assistance and monitoring of the actual implementation of
the transfer station contract should it proceed.
The following scope of work outlines the various types of technical
assistance the City can expect to receive during the negotiation
and development process. Specific technical assistance
requirements will be determined in writing by mutual agreement
between the City and the Consultant once negotiations are underway
and as the transfer station contract proceeds.
Task 1:
Meetings
Consultant will prepare for and attend up to four full day
negotiating sessions at the direction of the city. Meetings may
also include attendance at City council meetings at the request of
the city and within availability of funds.
Task 2:
Technical Assistance
Under this task, Consultant will provide technical assistance as
desired by the City dtlring negotiations. Consultant may be
requested to provide services including, but not limited to, the
following:
o Verification of reasonableness of contractor's proposed
costs
o Review of all or portions of transfer station contract
o Preparation of alternate or supplementary contract
language
o preparation or review of contract exhibits or appendices
o Documentation of work assignments, deliverables and
progress made at each negotiations session
o other activities as needed by the negotiating team.
Exhibit C to Agreement with Brown, Vence and Associates
Page 1
? '-'-I
Task 3:
Monitoring First-Phase Activities
If the contract for the first phase of transfer station development
is approved by the City Council, and funds are available,
Consultant may be requested to provide technical assistance and
monitoring of the contractor. Examples of services Consultant may
be requested to provide include, but are not limited to:
establishing siting criteria; developing design guidelines;
reviewing facility design and permitting documents; and general
monitoring of the contractor's work. Specific assignments will be
determined in writing by mutual agreement between the City and the
Consultant.
Exhibit C to Agreement with Brown, Vence and Associates
Page 2
7~~
'JUN-07-1994 14:30
URBAN ORE ADMIN
*7
510 235 0198 P.01
Urban Ore
Fax: (510) 235-0198 ~L 51 (). 2.; (' ":" {; 17 L
FACSIMILE TRANSMISSION
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JUN-07-1994 14:30
URBAN ORE ADMIN
510 235 0198 P.02
URBAN ORE, INC.
1833 Sixth Street · Berkeley · CA 94710
General Store (510) 559-4450
IuformatioD Services (510) 559-4454
June 6, 1994
BuildinC Materials ElI:cbange (510) 559-4460
Administration (510) 235-0172
Tim Nader, Mayor
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Nader:
Gretchen Brewer has told me that Chula Vista decided on May 24 to put off
plAnning a front-end materials recovery facility and concentrate instead on
siting and permitting a refuse transfer station of unknown size and capacity.
This decision is the City Council's to make, but each member should be aware
that it is completely contrary to best available recycling practices. These
practices go back at least to 1970 and were summarized most recently in a
policy resolution passed unanimously at the May 1994 meeting of the Board
ofDireetors of the National Recycling Coalition. The National Recycling
Coalition is the nation's oldest and largest professional organization for
recycling leaders drawn from govenunent and the for-profit and non-profit
recycling sectors. NRC has over 4000 members.
The NRC policy resolution establishes a "Hierarchy of Recoverable Resource
and Waste Man.apment Processes." This hierarchy starts with source
reduction and ends seven steps later with landfilling and incineration as the
least preferred options. Specifically, the resolution states:
"Policies should be adopted at local, state, and federal levels of
government to pursue a hierarchy of methods for managing recoverable
resources and waste. Such a hierarchy should be established
consisting of, in order, source reduction, reuse, recycling from source-
separated materials, compostini of source-separated organics,
processing mixed waste for recovery of materials, conversion of selected
non-recoverable combustible fractions for fuel products or energy, and
landfilling and incineration."
Chula Vista was advised by Brown, Vence and Associates to start with
wasting and put offplanning to recover any resources for one to four years.
This is the exact reverse of recycling's hierarchy and leaves all of the
upstream processing decisions unmade.
nocyded p"pcr 7 -- 1 '/
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JUN-07-1~~4 14:~1
lJRBHN Ut<::C HlWI! N
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The problem with planning discard management facilities with waste as the
first consideration is you cannot rationally decide how much waste capacity to
build until you know how much ofthe discard supply can be recovered for
beneficial purposes. This is a fundamental design error, even though it has
been made over and over again by elected public officials who are not versed
in recovery methods and who are advised by waste managers. not materials
recovery managers.
Many commwrities have learned the hard way that designing for waste first
can be disastrous. This is because waste management planners tend to build
waste management facilities that are too big for the need and much too
expensive to operate. When the facilities fail, as San Diego County's $130
million trash separator seems to be doing, the fin9Tlcial consequences may be
dire indeed. A recent US Supreme Court decision, Clarkston Vs. Carbone,
has threatened about $10 billion in bond financing that was used during the
1980s to build and operate hundreds ofwasteful. uneconomic, anti-recycling
garbage handling plants.
Other court decisions have also been tearing down the walls that have long
protected the garbage industry from competition for the supply from
recyclers, who intercept the materials upstream. Wall Street is hoping that
the taxpayers will bailout the industry, but whether that will happen is
anyone's guess.
Chula Vista does not have to be led down the same dreary path by its waste
management advisers. but its decisionmakers must act decisively to protect
the City's vital interests, In its advisory to the City Manager, BV A said the
City should "work with Sexton to establish siting criteria, design guidelines,
permitting schedule. and other parameters related to the facility
development." How can the City. which BV A also says "does not have the
technical expertise to perform the services," possibly make sure that the
transfer station design makes sense from a recycling point ofview?
It seems to me that the only way to protect the City's interests is for the City
itself to retain a specialized consultant for front-end materials recovery
design and have that firm do a site schematic as early in the process as
possible. Part of this work would be to determine the categories and
quantities of material that could reasonably be recovered. Another part
would be to model the finances of the various reuse and recycling operators
that would be recruited to the site. Finally, an estimate should be made of
how much actual waste in the near term that would have to be hauled by
truck or rail.
There is one team that has the ability, the experience, and the technical
expertise to advise the City at this critical point in the design process. You
have in your possession a proposal from Whitmore & Associates that sets
forth the qualifications of this team. You also have a document from BV A
that comments very favorably on the front-end serial MRF concept as
developed by Urban Ore, Inc. Oddly, the other advisory documents by BV A
/'
7~ 2..>
,
,,'
JUN-07-1994 14:32
\.. ~
.
URBAN ORE ADMIN
510 235 0198 P.04
give no reasoning or argument for excluding the Whitmore & Associates team
from the critical early stages of the transfer station design process, or for
advising that yet another RFP process should be necessary before seeking
recyclers help. Neither Urban Ore nor Whitmore & Associates has received a
letter from the City notifying them that the RFP process has been closed, so
we assume it is still open at this time.
At your meeting tonight, you could tell staff and BV A to negotiate a contract
with our team to provide assistance to you in determining the design
parameters of the back-end (waste handling) system. We at Urban Ore
sincerely hope you act to protect the interests of Chula Vista's taxpayers.
._ Sincerely,
(~
"~airie ~ ~
General Manager
cc: City Council
City Manager
? - ;;... It
-----------------------------
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JUN-07-1994 14:32
URBAN ORE ADMIN
510 235 0198 P.05
'W aste'Bonds Aren't Periled by Ruling
By Al.i:xAl<PaA PEEIlS
St4!f 88POTier of TIu; W ALL Snut~ JOUJUfAL
Momlay's Supreme Court decision free-
ing c;Ompanies to shop out'llf'state lor the
best prices on waste disposal is a huse
probtem for local governments that count
on waste-dlsposal revenue tg back munic.
ipal bonds.
But the ruling isn't yet a serious threat
to investors In more than $10 bUlion of
municipal bonds related tg waste-disposal
projects, bond allorneys and Investment
specialists say.
The reason: Stringent languase in
many bond contracts backing waste-dis-
pollal projects makes default a costly,
last.chance option for municipal govern-
ments. It is one they wUl take only alter
price-culling, refinancing and attempting
tg raise revenue from other sources, ex.
perts say.
Moreover, for many companies now
using local incinerators, the cost of trans-
porting waste to cheaper facilities further
away would simply outweigh the saYlngs.
Problem for Taxpayers?
"If you're a bondholder, I wouldn't
panic, .. said Dial Parrott, bond counsel at
Updike, Kelly & SpeUacy, a Hartford,
Conn.. law firm. "But if you're a municipal
taxpayer, and you want to look at reasons
why your tax rate is ioing up, this is
definitely going to be one of them."
The Supreme Court's 6-t0-3 decision
struck down a Clarkstown, N.Y.. ordinance.
that required trash to be brought tg a
iOvemment-desiiDated site, even though
cheaper disposal alternatives were avail,
able out of state. The court said the
law Interfered with interstate commerce.
Municipalities have sold more than $10
billion of tax-exempt "mourcerecovery"
bonds to finance the manufacture and
maintenance of local and county trash
incinerators. Most 01 the Incinerators, and
thus most of the affected bonds, are.in East
Coast states, where the cost of real estate
makes landfills prohlbltlve.
Prices of resource-re~'Overy bonds
barely budged on the ruling, which had
been expected for some tlme. While that
gives skittish investors an opportunity tg
sell, many relouree-recovery bonds Issued
in the late 1980$ carry higher interest rates
than are currently available.
Contracts for resource-recovery bonds
often Include a safety net for investgrs
called a "put or pay" clause, said Lehman
Brothers Inc. bond analyst Mark Pillero.
This clause requires themunicipaJltles to
keep paying off the bonds even if trash Is
sent elsewhere. Such clauses were in-
serted, and written so as to preclude
loopholes, after the 1983 default of the
WashingtOn Public Power Supply System
on $2.25 billioll of bonds for nuclear plants
the region never fully made use of,
But those clauses protect bondholders
only if municipalIties have the revenue to
payoff the bonds. or the ability to get it -
by divertini funds from other sources or
raising taxes. But most resource-recovery
. bonds - the ones that aren't the "general
obligation" of the state or local govern-
ment that Issued them - aren~t structured
to allow municipalities to payoff the bonds
with revenue from other sources.
Possible Default
"There certainly is a lot of ConCern
around here," said Steve Alexander, as.
sistant to the administratgr of Broward
County, Fla.. whiCh has a waste'disposal
project that handles waste from 20 neigh-
borini cities. If several of those cities haul
their waste elsewhere, "we probably
WOuldn't be able to meet our funding
requirements." A default on SOme portion
of their approximately 5600 million of
municipals "could happen," but there are
measures the county could and would lake
before taking that step, he said.
Moreover, "Congress could just up and
fix the problem," he added. .
Supreme Court Justice Sandra Day
O'Connor left the door open for just such a
solution in her dissenting opinion. "ShOuld
CongTen revlsit this area and enact legls-
(alion proYlding a clear indication that it
intends states and iocalilies" to control
their own local garbage flow, she wrote.
"we will, of course, defer to their legisla-
llve judgment."
wsJ.... Mctj tg, Jqq~
7~27
.
"
TOTAL P.05
COUNCIL AGENDA STATEMENT
Item
Meeting Date 617/94
Resolution 17.5' tJ iatifying Submittal of a Used Oil Block Grant
Application in the Amount of $101,550 to the California Integrated Waste
Management Board (CIWMB)
SUBMITTED BY: Conservation Coordinato~
REVIEWED BY: City Manager 1& -7 1 (4/5ths Vote: Yes_ No_X...)
BACKGROUND: The California Used Oil Enhancement Act requires the collection of four
cents for every quart of lubricating oil sold, transferred and imported into California from oil
manufacturers. Chula Vista consumers have paid four cents per quart into the fund when they
purchase oil. The Act mandates the CIWMB use a portion of the funds to provide Block Grants
to local governments for used oil programs that encourage recycling. This grant cycle provides
a second and final opportunity for cities that did not previously submit a Block Grant request.
The grant cycle provided only thirty days between the date the application was received and its
due date. The attached Used Oil Block Grant of $101,550 was submitted on May 20, 1994 to
meet the State deadline, subject to City Council approval no later than June 25, 1994.
~
ITEM TITLE:
RECOMMENDATION: Adopt the resolution as requested by the State.
BOARD/COMMISSIONS RECOMMENDATION: The grant was submitted to the Resource
Conservation Commission at their May 9, 1994 and their May 23, 1994 meetings which were
canceled for failure to establish a quorum. The item is scheduled for the Commission meeting of
June 6, 1994 or the first available meeting.
DISCUSSION:
This application for a Used Oil Block Grant complements the $270,300 Local Government Used
Oil Opportunity Grant previously approved by the City Council. The Opportunity Grant has been
approved and recommended for full funding by the CIWMB staff and the CIWMB Used Oil
Program Sub-Committee. Staff anticipates a favorable final approval by the full CIWMB. The
City Council can expect staff to bring the grant back to the City Council for acceptance and
appropriation at the first of the new fiscal year.
The proposed Block Grant program is outlined in the attached grant application (Attachment A)
and has three primary elements. First, like the Opportunity Grant application, this application is
a "Regional Application" that includes the Cities of Chula Vista, Imperial Beach and National
City. Chula Vista is the proposed designated jurisdiction and will receive all grant funds, and act
on behalf of all participating jurisdictions. Imperial Beach and National City are adopting similar
8""/
Page 2, Item ~
Meeting Date 6/7/94
resolutions that authorize Chula Vista as the designated jurisdiction. The second grant element
provides $63,000 to local Elementary School District(s) to implement a watershed protection
education program that emphasizes used oil recycling. The third element provides $10,000 to the
Southwestern Community College, Small Business Development and International Trade Center
to implement a series of workshops. The workshops emphasize used oil recycling and recycling
education for businesses that generate similar waste stream components. The Small Business
Development and International Center will also assist the City to establish and implement a Used
Oil Recycling Awards Event to recognize the recycling and environmental achievement of local
businesses. The remaining $28,550 allows the City to provide supplies, materials and equipment
to implement both programs.
The total grant request is $101,550. No local matching funds are required by the State and none
are recommended. The grant provides $2,050.00 to cover any overhead the City may incur in
implementing the grant.
FISCAL IMPACT: There is no additional fiscal impact as a result of the recommended action
to adopt the attached resolution. There will be no additional fiscal impact if the grant application
is eventually approved. Should the grant be awarded, staff will return to the City Council for
acceptance of the grant and approval of the service agreement, fmal grant budget and conditions.
mtm2
a:oil-blkg.cc
Attachment
~.. ..2.
L'
RESOLUTION NO.
1 73tl1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND RATIFYING A USED
OIL BLOCK GRANT APPLICATION
WHEREAS, the people of the State of California have
enacted the California oil Recycling Enhancement Act that provides
funds to cities and counties for establishing and maintaining local
used oil collection programs that encourage recycling or
appropriate disposal of used oil; and
WHEREAS, the California Integrated Waste Management Board
has been delegated the responsibility for the administration of the
program within the state, setting up necessary procedures governing
application by cities and counties under the program; and
WHEREAS, said procedures established by the California
Integrated Waste Management Board require the applicant to certify
by Resolution the approval of application before submission of said
application to the state; and
WHEREAS, the applicant will enter into an agreement with
the State of California for development of the project;
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve and ratify the
submittal of the application to the California Integrated Waste
Management Board for a "Regional," 1993/94 Used oil Recycling Block
Grant on behalf of the cities of Chula Vista, Imperial Beach and
National city.
BE IT FURTHER RESOLVED that the City Manager of the city
of Chula vista is hereby authorized and empowered to execute in the
name of the city of Chula vista all'necessary applications, con-
tracts, agreements and amendments hereto for the purposes of se-
curing grant funds and to implement and carry out the purposes
specified in the grant application.
BE IT FURTHER RESOLVED that the city Manager shall advise
the City Council if and when he uses the authority of this
resolution to execute documents, and shall provide a copy of such
documents to the Council by informational mo, pr rably in
advance of the use of the authority.
M:\shared\Attorney\june7\blockgrnt.res
~-;l /8-1
Bruce M. Booga
City Attorney
Presented by
Michael Meacham
conservation Coordinator
APPLICATION TO THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
FORA
CALIFORNIA USED On. BLOCK GRANT
BY THE
t,;cnES OF
muLA VISrA, IMPERIAL BEACH
& NATIONAL CITY
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
GRANTS SECTION I USED On. GRANT PROGRAM
8800 CAL CENTER DRIVE
SACRAMENTO, CA 95826
A'IT: CHRIS JoI.I.F.N & DARLENE FALCONER
3'~f
ITEM
SECTION A.
SECTION B.
SECTION C.
SECTION D.
SECTION E.
APPENDIX
California Used Oil Recycling Block Grant
Table of Contents
South Bay San Diego Regional Used Oil Program
PAGE
Cover Sheet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Local Used Oil Collection Program Report
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Elementary School Public Education Program ........ . . . . . . . . . . 3
Generator Specific Workshops .... . . . . . . . . . . . . . . . . . . . . . . . 4
Operational Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Work Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
Timeline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Funding Sources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Program Budget
Budget Summary Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
Budget Supplement A: Elementary School Program . .. . . . . . . . . . . . 10
Budget Supplement B: Workshop Program. . . . . . . . . . . . . . . . . . . . 11
Budget Supplement C: Equipment & Supplies .. . . . . . . . . . . . . . .. 12
EligibilitySummary................................. .13
Draft Resolution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
City Manager Letters of Authorization. . . . . . . . . . . . . . . . . . .. 15-17
Map of Region. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Support Letters;
Southwestern Community College .... . . . . . . . . . . . . . . . . . . .. 19
Chula Vista Elementary School District. . . . . . . . . . . . . . . . . . . . . . 20
Laidlaw Inc Certification Intent . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Opportunity Grant Program Description. . . . . . . . . . . . . . . . . . . 22-26
8" ,. "
State of California California Integrated Waste Management Board
APPLICATION COVER SHEET
1993/94 USED OIL RECYCLING BLOCK GRANT / SECOND CYCLE
CIWMB-306 ~192)
South Bav San Diego Regional Used Oil Recvcling Program (Chula Vista. designated iurisdiction)
Name of Applicant
276 Fourth Avenue
Address
Chula Vista 91910
c~ z~
SteDhanie Snvder
Name of Program Director
PrinciDal Management Assistant. City of Chula Vista (619) 691-5031
Title Phone
Carole French
Name of Finance Officer
Accountant. Accounts Pavable. City of Chula Vista (619) 691-5051
Title Phone
Michael T. Meacham
Name of Program Manager
Conservation Coordinator. City of Chula Vista (619) 691-5122
Title Phone
~~!r~ ~~;r9"L1~mber
Brief Program Description:
The Used Oil Block Grant application is a regional program that includes Imperial Beach, National City
and Chula Vista as the designated jurisdiction. The Block Grant will augment the Region's
comprehensive certified center program outlined in the opportunity grant.
1) The Block Grant program's first component creates a partnership between the Region and local
elementary school districts. The partnership will implement a comprehensive used oil recycling
education program using local agency expertise, existing curriculum materials and performance art
techniques. 2) The program's second component will allow the region to establish a series of generator
specific workshops to promote used oil recycling and the purchase and sale of recycled oil. The
workshops will focus on exposing commercial generators and retailers to the opportunities provided to
certified centers through the local Opportunity Grant Program. The workshop will also stress oil
recycling for agencies not interested in certification, buying recycled oil for fleet use and marketing
recycled oil to retail customers.
Total Grant Request: $ 101.550.00
Certification:
1 declare, under penalJy of peljury, thai aU infonnation .ubmitted for the Board'. consideration for allJJcation of grant. fund.
is true and accurate to the be.t of my knowledge an belief.
N_ of P<=n AS'h. or' d by Resolution:
Signature: '-I:- J:,~
Title: Citv Man~ .
John D. Goss
Date: S/.J.O/'ilj
Phone: (619) 691-.5031
zr.. 7
California Used Oil Recycling Block Grants
Local Used Oil Collection Program Report
BACKGROUND:
Local Used Oil Disposal Problems: The Cities of Chula Vista, Imperial Beach and National
City (Region) comprise most of the enclosed portion of South San Diego Bay. The Region has
an estimated 1,500 businesses that sell and/or generate motor oil. A significant part of the
Region's total households own more than one vehicle. Many households also own recreational
vehicles, boats and other motorized items that generate used oil. The Region has less than a
dozen facilities that accept used motor oil from the public.
The improper disposal of used oil in storm drains has a particularly devastating effect on the
Region. Most of the storm drains for city and county streets from downtown San Diego to the
border drain into San Diego Bay and are captured in the enclosed South Bay. Approximately
one million residents potentially utilize their gutters and storm drains as the only convenient
means of used oil disposal. Between Chollas Creek and the Tijuana River there are at least four
additional rivers and creeks that support hundreds of acres of National Wildlife Refuge and
wetlands. The wetlands and bay wildlife depend on the waterways and are threatened by the
used oil and other hazardous wastes they can transport.
Jurisdictions' Population: The City of Chula Vista is the second most populated city in San
Diego County with approximately 150,000 residents. National City has approximately 50,000
residents and Imperial Beach approximately 25,000 residents. The greater South Bay area
serves as home, work and retail center to more than 1,000,000 people from the United States
and Tijuana, Mexico (map, page 18).
Existing Used Oil Collection Opportunities: There are only two businesses in the Region that
have completed the certification process, neither of which promote their used oil collection
programs. There are approximately ten additional non-certified centers in the Region that are
known to accept motor oil from the public. These centers are not well publicized and tend to
be located in dense commercial areas that are not convenient for many generators.
County-Wide Household Hazardous Waste Element (HHW): The Region has paid an
additional per ton tipping fee to San Diego County for the HHW Round Up Program for the past
several years. HHW Round Ups accept used oil. The County typically schedules annual
roundups in National City and Imperial Beach. The County does not schedule roundups in
Chula Vista, but expects Chula Vista residents to take their motor oil and other HHW to the
County's HHW subcontractor which is located in a remote part of the City. The County's
records indicate that the contractor receives less than 2% of Chula Vista's total HHW waste
stream of which only a part is used motor oil.
2
~,~
PROGRAM DESCRIPTION AND GOALS:
Grant Component I, Elementary School Student Public Education Program:
Watershed protection is a key concern of drought plagued Southern California and the Region
in particular. Our limited water shed is vital to the quality of life for human residents and a key
link in the habitat of thousands of indigenous and migrating species. The improper disposal of
used motor oil is the largest contributor, by volume, to the contamination and destruction of
those resources.
A number of excellent curriculum, fact sheets, exercises and lesson plans that teach these
concepts have been created by the California Integrated Waste Management Board (CIWMB),
the California Environmental Protection Agency, the California Department of Health Services
and the Regional Water Quality Control Board. Too often the excellent materials created and
distributed by these agencies and others sit idly on shelves collecti,ng dust. Many, if not most
school districts lack the funding, the personnel and/or the expertise to use the materials. The
goal of this component is to empower children with the knowledge and desire to be advocates
for used oil recycling and establish a buy recycled mentality in their homes. To achieve that
goal this component focuses on a cooperative effort that maximizes the use of limited funds and
the use of existing materials. This component creates a partnership that combines the funding,
mission and environmental expertise of local jurisdiction's with the local school districts teaching
expertise and facilities.
The Region will contract with local districts to fund at least one full time equivalent teacher to
implement a district(s) wide program. The Program Manager will work with federal, state and
local agencies to establish an anthology of instructional materials regarding oil disposal,
recycling, buying recycled oil and oil's relationship to watershed protection. The Program
Manager will make the materials available to the selected teachers and provide ongoing technical
assistance and orientation. The teacher(s) will focus on student research and performance art
activities that allow students to express what they have learned about the impacts of improper
disposal of used oil. Students will also learn and teach each other about where and how to
recycle used oil locally as well as the importance of buying recycled.
Region members have met with teachers, district administrators and the local private waste
collectors regarding a program format. This format was selected by school representatives as
having the best opportunity for establishing and maintaining awareness among students.
Attached is a letter from the Assistant Superintendent of School for the Chula Vista School
District (CVSD).
CVSD serves all of Chula Vista and a significant portion of the surrounding communities. The
Region serves approximately (40,000 elementary students in 40 schools). Permanent part-time
and substitute teachers in Chula Vista, Imperial Beach and National City are all hired from the
same pool of certified teachers.
3
g"?
Grant Component II, Commercial Sector Public Education, Generator Specific Workshops
Chula Vista, Imperial Beach and National City (Region) have thousands of federal, state and
local facilities, private corporate fleet service facilities, manufacturing plants, automobile
repair/maintenance shops and retail stores that buy, seII and use motor oil. These agencies and
their employees can play a major role in the eduction, coIIection, recycling and buy recycled
components of the used oil recovery process. The goal of this component is to empower the key
employees of these agencies with the expertise to be wise consumers of motor oil. The key
employee(s) wiII vary based on the size and type of agency. In some cases it may be fleet
service managers, purchasing agents/buyers, environmental managers and owners/managers or
clerical staff.
The Region wiII contract with the business and environmental sections of Southwestern
Community CoIIege to implement a series of at least three and not more than six workshops.
Each workshop wiII target a specific commercial sector and promote the establishment of a
certified center, the recycling of used motor oil, the procurement and use ofrecycled oil and the
retail sale of recycled oil. An example of a specific commercial sector is retail automobile
service businesses. The Region and Southwestern Community CoIIege wiII:
Utilize business licensing, State and County permitting and standard industry code listings
to identify potential participants,
Inform key employees of the significant incentives offered through the Region's
Opportunity Grant Program, (free media advertising, community recognition, free
recycling containers and container service, customer prizes, oil recycling phone line
referrals and information, increased customer traffic, and CIWMB incentives,
Survey key employees area of interest and promote the workshop date,
Conduct a workshop that responds to the employees area of interest and empowers them
to obtain certified center status, disseminate oil recycling information to employees,
implement a used oil procurement policy and/or a used oil retail sales policy.
Participants in the workshop that certify as a CIWMB used oil recycling center wiII receive the
technical assistance to establish and maintain a certified center. This year's Opportunity Grant
wiII aIIow the Region to provide businesses with technical assistance from the first stages of
completing a certification application to the ongoing replacement of used oil recycling containers
and incentive fee reimbursement requests (Opportunity Grant program description; page 21-26).
Non-recycling retailers and large employers wiII be encouraged to participate in the Opportunity
Grant's point of purchase program to provide their respective customers and employees with a
list of certified used oil recycling center locations and an oil recycling hotline.
The workshops wiII also lead to an annual used oil recognition and awards program that
reinforces corporate support for: quality of service, volume of oil recycled, participation levels
and creative program promotion. The awards wiII recognize the establishment of used oil
recycling opportunities and its positive impact on watershed and wildlife habitat protection.
4
<6,/1/
OPERATIONAL PLAN
The Region and Southwestern Community College will first target businesses for workshops which are
likely to meet local and state requirements for used oil storage and other certification requirement.
Retailers and large employers will be the secondary and tertiary targets.
The Urban Corps representative or the project intern funded by the Opportunity Grant will be on hand
to meet the representative of the potential participating agency and assist them with the next step, which
is application for certification and/or point of purchase display/used oil recycling referral information.
Agency representatives will be encouraged to provide the names, addresses, fax and telephone numbers
of agency procurement personnel/buyers, executives/owners and other key personnel for implementation
support, future workshops and technical assistance regarding buy recycled, the annual awards program
and other phases of the program.
Every effort will be made to reach elementary school and classroom to provide the materials. The
contract relationship between the Region and the school district(s) will assure a high probability of
success. The performance activities and in-depth research will reach as many schools as practical
during the grant period. It is expected that the City will commit a portion of future Used Oil Block
Grant funding to the continuation of the program until each school is reached.
The bargaining agreement between the district(s) and the teachers dictates the level of compensation for
a particular teacher. The program has been funded for a contract at the highest pay scale. If the
contract is established for a teacher at the median or low end of the scale it may be possible to hire two
full time equivalent teachers and increase the programs exposure. It is the goal of the program to
provide the service to all public and private students over the next few grant cycles.
8"*'//
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PROGRAM TIMELINE
1993/94 USED OIL RECYCLING BLOCK GRANT / SECOND CYCLE
Grant Applicant City of Chub Vista:
Dale
May 19, 1994
South Bay San Diego Regional Used Oil Recycling Program
T.,II. JULY AUO SEPT OCT NOV OEC JAN FEB MAR APR MAV JUNE
No ,... ,... ,... ,... "94 ,... '.., ,.., ,.., '.., lies 1995
,
2
,
.
,
.
7 - - - - - -
.
.
'0
1\
'2
"
..
"
,.
17
,.
,.
20
21
22
2'
..
25
Draw a lina lor each task numba, through tha months during which that activity will occur, Tuk numbers should colncida w~h
those on the Work Statement Fonn,
)( tentative workshop dates
p\ = tentative Used Oil Recycling Awards Presentation
-7-
g-~/3
FUNDING SOURCES
Local Agency Funds: As the lead agency, the City of Chula Vista is funding the time required
for the Program Manager function. This cost was listed by the City as part of the Region's
Opportunity Grant.
Other Funding:
Cooperative efforts: This program is a cooperative effort that combines the full faith and
support of the Cities of Chula Vista, Imperial Beach and National City with the Chula
Vista Elementary School District and the private not-for-profit partners assisting with the
Used Oil Opportunity Grant that compliments this program. Each agency is committed
to the successful completion of its respective components.
Contributions: The Project Manager has contacted potential major sponsors for
advertisements, used oil containers and recycling incentive prizes. The response to those
inquiries has been positive.
Volunteers: The Project Manager has contacted an environmental club at Southwest
Community College in Chula Vista for volunteer support. Volunteers will be encouraged
to participate in the special events and school education program components.
Commitment to continuing the used oil program: The design of this program
intentionally focuses on empowering today's and tomorrow's used oil consumers with the
knowledge and environmental conscience to make positive environmental choices. It is
that same knowledge and environmental conscience that will cause the empowered
consumer to demand more convenient and responsible used oil services in the future.
This Used Oil Block Grant application is the second cooperative effort between Region
members regarding used oil, (1994 Usoo Oil Opportunity Grant being the first). The
commitment of these dollars from a per capita block grant process is indicative of the
Region's commitment. The lead jurisdiction and other members of the Region are
committed to using future used oil block grant funds and contributions to continue the
program.
8 ~;)1
1993/94 USED OIL RECYCLING BLOCK GRANT / SECOND CYCLE
BUDGET SUMMARY FORM
Applicant: South Bav S.D. Re2ional Used Oil Recvclin2 Pro2ram Contact Name: Michael T. Meacham
Date: Mav 19. 1994
Phone Number: (619) 691-5122
TYPE OF EXPENSE CIWMB GRANT FllNDS
TOTAL PERSONNEL EXPENSES
(Fringe Benefits @ %) $ -0-
TOTAL USED OIL TRANSPORTATION/DISPOSAL EXPENSES $ -0-
TOTAL CONTRACTOR/CONSULTANT EXPENSES
(except transportation/disposal costs)
(School District; $68,000, Southwestern Community College: $10,000) 1$ 78,000.00
TOTAL CONSTRUCTION EXPENSES $ -0-
TOTAL EQUIPMENT PURCHASE/RENTALS $ 1,000.00
TOTAL MATERIALS AND SUPPLIES $ 19,500.00
TOTAL PUBLIC EDUCATION/AWARENESS $ -0-
TOTAL OTHER COSTS $ 3,050.00
TOTAL BUDGET: $ 101,550.00
1 The personnel costs contained in the contract with the School District are detailed in Budget Supplement A
9 8"'1>
1993/94 USED OIL RECYCLING BLOCK GRANT 1 SECOND CYCLE
BUDGET SUPPLEMENT A
Applicant: South Bav S.D. Reeional Used Oil Recvcline Proeram Contact Name: Michael T. Meacham
Date: Mav 19. 1994
Phone Number: (619) 691-5122
STUDENT EDUCATION PROGRAM DETAIL
TYPE OF EXPENSE CIWMB GRANT FUNDS
TOTAL PERSONNEL EXPENSES
(Fringe Benefits Retirement, Unemployment W/C & Medicare @ 11.03 %) '$ 52,500.00
Medical, Dental & Life Insurance at a fixed cost 5,800.00
3,700.00
Total $ 62,000.00
TOTAL USED OIL TRANSPORTATION/DISPOSAL EXPENSES $ -0-
TOTAL CONTRACTOR/CONSULTANT EXPENSES
(except transportation/disposal costs) $ -0-
TOTAL CONSTRUCTION EXPENSES $ -0-
TOTAL EQUIPMENT PURCHASE/RENTALS $ -0-
TOTAL MATERIALS AND SUPPLIES $ -0-
TOTAL PUBLIC EDUCATION/AWARENESS 2 $ -0-
TOTAL OTHER COSTS (Mileage: approximately 3,500 @ $.29 per mile) $ 1,000.00
TOTAL BUDGET: $ 63,000.00
I The district will establish a one year contract for a teacher(s). The bargaining contract
provides for 26 steps between $26,817.00 and 52,577.00 per year per full-time position. This
budget reflects the [mandai worse case scenario where the teacher employed is at the top of the
scale. If a teacher is employed at a lower level of the scale the remaining funds would be used
to hire a half or full-time equivalent teacher andlor augment the materials supply budget for this
component. The Region is also exploring the possibility of using a pool of long-term substitute
teachers who are paid at a rate of $125 per day or approximately $23,000 per year.
2 This entire component is a public education/awareness activity
10 8"/"
1993/94 USED OIL RECYCLING BLOCK GRANT / SECOND CYCLE
BUDGET SUPPLEMENT B
Applicant: South Bav S.D. Re2ional Used Oil Recvc1in2 Pro2ram Contact Name: Michael T. Meacham
Date: Mav 19. 1994
Phone Number: (619) 691-5122
WORKSHOP DETAIL
TYPE OF EXPENSE CIWMB GRANT FUNDS
TOTAL PERSONNEL EXPENSES $ -0-
(Fringe Benefits %)
TOTAL USED OIL TRANSPORTATION/DISPOSAL EXPENSES $ -0-
TOTAL CONTRACTOR/CONSULTANT EXPENSES
(except transportation/disposal costs) $ 10,000,00
TOTAL CONSTRUCTION EXPENSES $ -0-
TOTAL EQUIPMENT PURCHASE/RENTALS $ -0-
TOTAL MATERIALS AND SUPPLIES $ -0-
TOTAL PUBLIC EDUCATION/AWARENESS I $ -0-
TOTAL OTHER COSTS (Mileage: approximately 3,500 @ $.29 per mile) $ -0-
TOTAL BUDGET: $ 10,000.00
1 This entire component is a public education/awareness activity
11S',17
1993/94 USED OIL RECYCLING BLOCK GRANT / SECOND CYCLE
BUDGET SUPPLEMENT C
Applicant: South Bav S.D. Reeional Used Oil Recvcline Proeram Contact Name: Michael T. Meacham
Date: Mav 19. 1994
Phone Number: (619) 691-5122
REGION NON-CONTRACTED SUPPLY & EQUIPMENT DETAIL
TYPE OF EXPENSE CIWMB GRANT FUNDS
TOTAL PERSONNEL EXPENSES $ -0-
(Fringe Benefits %)
TOTAL USED OIL TRANSPORTATION/DISPOSAL EXPENSES $ -0-
TOTAL CONTRACTOR/CONSULTANT EXPENSES
(except transportation/disposal costs) $ -0-
TOTAL CONSTRUCTION EXPENSES $ -0-
TOTAL EQUIPMENT PURCHASEIRENTALS (slide and overhead projector
and camera $ 1,000.00
TOTAL MATERIALS AND SUPPLIES ($5,000 for workshops, $6,000 for
classroom materials and $14,500 primarily for post-consumer premiums) $ 25,500.00
TOTAL PUBLIC EDUCATION/AWARENESS 1 $ -0-
TOTAL OTHER COSTS (overhead, accounting office supplies, phone, mail) $ 2,050.00
TOTAL BUDGET: $ 28,550.00
1 This entire component is a public education/awareness activity
12 y, /%
ELIGmILITY SUMMARY
Certified Used Oil Recycling Centers:
1) Otay Buy Back Center; 1751 Maxwell Road, Chula Vista, CA 91911
Mark Watton; (619) 234-8744 (located at a County Landfill)
Certification Number # 37-C-00022
2) SouthBay Jiffy Lube; 593 E Street, Chula Vista, CA 91910
Leo and Evar Carrillo; (619) 476-0202
Certification Number # 37-C-00374
3) Laidlaw Inc; 881 Energy Way, Chula Vista, CA 91912
Charles Moore, Operations Manager; (619) 656-3551
Application pending (see attached letter)
The Cities of Chula Vista, Imperial Beach and National City recently submitted a regional
Opportunity Grant. The primary goal of that grant is to establish at least twelv,e and as many
as thirty certified used oil recycling centers. Another objective of the program is to establish
certified centers in as many neighborhoods within the region as is reasonable and consistent with
land use plans to make it convenient for all residents in the Region to utilize a used oil certified
center. The Region and Project Manager are confident that the Opportunity Grant funding will
provide sufficient support to establish and maintain eligibility. The Used Oil Block Grant
funding will compliment that project by promoting certified centers and assure that as much used
oil is recycled as possible.
Their are no curbside used oil collection programs operating within the region at this time. The
programs established with Used Oil Opportunity Grant and Block Grant funding will recover a
major portion of the used oil waste stream, The grants will also provide the local jurisdictions
with the public education and operations experience to consider additional opportunities for used
oil recovery including curbside collection.
13 ~, 17
RESOLUTION NO.~Or
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND RATIFYING A USED OIL
BLOCK GRANT APPUCATION
WHEREAS, the people of the State of California have enacted the California Oil
Recycling Enhancement Act that provides funds to cities and counties for establishing and
maintaining local used oil collection programs that encourage recycling or appropriate disposal
of used oil; and
WHEREAS, the California Integrated Waste Management Board has been
delegated the responsibility for the administration of the program within the state, setting up
necessary procedures governing application by cities and counties under the program; and
WHEREAS, said procedures established by the California Integrated Waste
Management Board require the applicant to certify by Resolution the approval of application
before submission of said application to the state; and
WHEREAS, the applicant will enter into an agreement with the State of California
for development of the project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve and ratify the submittal of the application to the California
Integrated Waste Management Board for a "Regional," 1993/94 Used Oil Recycling Block Grant
on behalf of the Cities of Chula Vista, Imperial Beach and National City.
BE IT FURTHER RESOLVED that the City Manager of the City of Chula Vista
is hereby authorized and empowered to execute in the name of the City of Chula Vista all
necessary applications, contracts, agreements and amendments hereto for the purposes of se-
curing grant funds and to implement and carry out the purposes specified in the grant
application.
BE IT FURTHER RESOLVED that the City Manager shall advise the City
Council if and when he uses the authority of this resolution to execute documents, and shall
provide a copy of such documents to the Council by informational memo, preferably in advance
of the use of the authority.
Presented by
Approved as to form by
Michael Meacham
Conservation Coordinator
Bruce M. Boogaard
City Attorney
(MIHomelAaomeylmayI7\Grant.Oil)
14
$''' dJ ~
~Vt-
~
~~~~
"'"~ --~
ellY OF
CHUlA VISTA
OFFICE OF THE CITY MANAGER
May 19, 1994
Chris Allen, Used Oil Grant Program
California Integrated Waste Management Board
Grant Section / Used Oil Grant Program
8800 Cal Center Drive
Sacramento, CA 95826
Dear Mr. Allen:
The City of Chula Vista is pleased to submit a Regional Used Oil Block Grant with National
City and Imperial Beach. Chula Vista is also pleased to be the Region's designated applicant
and grant manager.
The City of Chula Vista will submit a Resolution to City Council supporting the City's
participation in the Regional Used Oil program and designating Chula Vista as the grant
applicant and manager prior to the June 25, 1994 deadline.
Chula Vista is confident that a regional approach will improve the efficiency of the local
collection program and maximize the potential for participation for all our residents. I look
forward to the Board's response to our region's innovative and cost effective program.
Sincerely,
1:6.~o:fL
/~~ ~anager
cc:
Blair King, City Manager, City of Imperial Beach
Tom Mc Cabe, City Manager, National City
-15-
8";p2/
276 FOURTH AVENUEiCHULA VISTA, CALIFORNIA 9f91 0/(619) 691-5031
City of Imperial Beach, California
OFFICE OF THE CITY MANAGER
May 19, 1994
Chris Allen, Used Oil Grant Program
California Integrated Waste Management Board
Grant Section I Used Oil Grant Program
8800 Cal Center Drive
Sacramento, CA 95826
Dear Mr. Allen:
The City of Imperial Beach is pleased to submit a Used Oil Block Grant with National
City and Chula Vista. Imperial Beach also wishes to designate the City of Chula Vista as
applicant and administrator for the grant.
Imperial Beach will submit a Resolution to City Council supporting the City's participation in the
Regional Used Oil program and designating Chula Vista as the grant applicant and administrator
prior to the June 25, 1994 deadline.
Imperial Beach is confident that a regional approach will improve the efficiency of the local
collection program and maximize the potential for participation for all our residents. I look
forward to the Boards response to our region's innovative and cost effective approach.
Sincerely,
~~;J
City Manager
cc: John D. Goss, City Manager, City ofChula Vista
-16- 8"~;L
825 Imperial Beach Boulevard. Imperial Beach, California 91932 . (619) 423-8300 . Fax (619) 429-9770
City of National City
Office of the City Manager
1243 National City Blvd., National City, CA 91950 (619) 336-4240
Tom G. McCabe - City Manager
May 19, 1994
Chris Allen, Used oil Grant Program
California Integrated Waste Management Board
Grant section/Used oil Grant Program
8800 Cal Center Drive
Sacramento, CA 95826
Dear Mr. Allen:
The Citr of National city is
Grant w~th Im~erial Beach and
wishes to des~gnate the City
administrator for the grant.
pleased to submit a Used oil Block
Chula vista. National City also
of Chula Vista as applicant and
National City will submit a Resolution to City Council supporting
the Citr's participation in the Regional Used oil pro~ram and
designat~ng Chula vista as the grant applicant and admin~strator
prior to the June 25, 1994 deadline.
National city is confident that a re~ional approach will improve
the efficiency of the local collect~on program and maximize the
potential for participation for all our residents. I look forward
to the Boards response to our region's innovative and cost
effective approach.
sincerely,
-..
~!t~~
City Manager
TM:jm
cc: John D. Goss
City Manager, city of Chula vista
-17- <6',;;1
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-18-
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<<>>
~Em
Gov..nll\g lcold
Auglo 8arol'lO
G. Gordon Drowning, O.M,Q
Jerry J. G,milh
MarkJ NClIvQI.Perman
Judy Schulenberg
Josoph M, Conlo
Supertnt..nd..ntlPr..~dont
May 16, 1994
Mr. Chris Allen
Ms. Darlene 'alconer
California Integrated Waste Management Board
Markets, Research and Technology Division
Used Oil Grant Program
8800 Cal Center Drive
Sacramento CA 95826
Dear Mr. Allen and Ms. Falconer I
The purpose of this letter i8 to state our support of the City of
Chula Vista's application for a Local Government U8ed Oil
Opportunity Grant to implement a regional program with the Cities
of Chule Vista, National City, and Imperi,al Beach.
Michael Meacham from the City of Chula Vi8ta has asked Southwestern
College to assist with tha workshops and annual awards program. We
are pleased to offer the sarvices of our Small Business Development
, International Trade Center as a partner in these activities. We
can provide the location, media contact and direct mail campaign
for the workshops and the awards program. We alBo will involve the
faculty and students from the Automotive TeChnology and Hazardous
Materials Technology Programs.
We look forward to working with the City of Chula Vista on this
project.
Sincerely,
t{~i'::~
Bconomio Development
. Customized Training Division
G.\clon\eoorul.v\c".OUtI'H
QOO Oloy Lokes lloocl . Chl~o \/lllo. CA 91910. (619) 421-6700 FAX (619) 482-6323 . SouthweolO1n Community College 01111101
-19- 8',,J.f
CHULA VISTA ELEMENTARY SCHOOL DISTRICT
84 EAST "J" STREET . CHULA VISTA, CALIFORNIA 91910 . 619425-9600
EACH CHILD IS AN INDIVIDUAL OF GREAT WORTH
BOARD OF EDUCATION
JOSEPH D. CUMMINGS. PhD.
LARRY CUNNINGHAM
SHARON G~ES
PATRICK A JUDO
GREG R. SANDOVAL
SUPERINTENDENT
USIA S. GIL, Ph.D.
May 17,1994
Chris Allen
Darlene Falconer
California Integrated Waste Management Board
Markets, Research and Technology Division
California Used Oil Recycling Block Grants
8800 Cal Center Drive
Sacramento, CA 95826
Dear Chris Allen and Darlene Falconer:
The purpose of this letter is to state our support of the City of Chula Vista's
application for a California Used Oil Recycling Block Grant for support of a
regional program with the cities of Chula Vista, National City, and Imperial
Beach.
The Chula Vista Elementary School District, with an enrollment of over 18,000
students, is excited about the opportunity to increase students' awareness of the
negative effects on the environment caused by improper disposal of oil and the
importance of recycling through a classroom and performing arts based
program.
Sincerely. _
c/~~
Lowell Billings, Ed.D.
Assistant Superintendent. Educational Services.
LB:ag
-20-
g'il."
888JZf8t!11/7
LAIDLAW WASTE SYSTEMS INC.
May 19, 1994
Chris Allen Be Darlene Falconer
USM Oil Block Grant Program
C/O California Integrated Waste Management Board
8800 Cal Center Drive
Sacramento, CA 95826
Dear Mr. Allen and Ms. Falconer:
Laidlaw Waste Systems provides exclusive residential refuse, recycling and yardwaste
services for the Cities of Chula Vista and Imperial Beach. We provide both commercial and
residential service to other communities throughout San Diego County as well. We are
pleased to support the Cities of Chula Vista, Imperial Beach and National City in their
application {or a Regional Used Oil Block Grant.
We have received a copy of the Certification Application (or Used Oil Generators and will
work with the City of Chula Vista to complete and submit the application to the California
Integrated Waste Management Board within the next few weeks. Laidlaw Waste Systems
is enthusiastic about becoming a certified used oil collection center and are pleased to
support the residence o{ our contract Cities. We are sincerely interested in the
development of this program and in assisting our customers in their efforts to meet their
used oil recovery and recycling goals.
-21-
8384 CLA1REI.1ONT MESA BLVD., SAN DIEGO. CAUFCRNIA 921 1 1 (818) 278.8061 FAX (619) 271107528
<i) <6--;l. 7
LOCAL GOVERNMENT USED OIL
OPPORTUNITY GRANTS
Certified Used Oil Recycling Center Program
Program Description, Certified Used Oil Centers: Chula Vista, Imperial Beach and National City
(Region) will identify and contact at least 300 qualified used oil recycling center prospects by mail. The
initial mailing will provide basic information on the requirements and benefits of being a certified used
oil recycling center. Prospective used oil recycling centers will be asked to return a self addressed mail
card expressing interest.
With the assistance of the San Diego Urban Corps the Region will encourage businesses to certify by:
o offering technical assistance to complete a certification application,
o providing free used oil recycling containers for distribution to their customers,
o referring customers to certified centers through the recycling information telephone line,
o referring customers to certified centers through point of purchase information, and
o referring customers to certified centers through newspaper advertisements.
Businesses will be reminded that oil recycling will bring potential customers to their stores, and that
automotive oil changing facilities can benefit from the sixteen cent per gallon incentive fee that would
apply to oil generated from their vehicle service bays if they certify as a used oil recycling center.
The Project Manager will train Corps members to contact and work with used oil centers. An Urban
Corp representative will visit prospective used oil collection centers that express interest in the program.
The Urban Corps representative will provide the owner/manager with an overview of the program and
assist them with the completion of a Certified Used Oil Collection Center Application.
The Urban Corps will provide qualified centers (those receiving CIWMB certification) and the store
owner/manager with a storefront sign, rosters, a counter display, used oil recycling containers and the
on-site training necessary to insure a successful program. The sign will recognize the store's
participation and list the days and hours that used oil is accepted. The manager/owner will receive
rosters that encourage used oil recyclers to register for p~s. Used oil recyclers will be randoinly
selected from the roster (by the Region) for cash and gift certificates. The store owner/manager will
receive a counter display promoting used oil recycling. The counter display will encourage participants
to donate their change (including 4 cents per quart incentive fee) to the Urban Corps and the Nature
Center for programs that promote used oil recycling. Certified centers will also receive free reusable
used oil collection containers to distribute to the public at no cost. The containers will prominently
display the California Integrated Waste Management Board's logo and recognize their support of the
program.
The Urban Corps will service the rosters, counter displays and replenish, clean and/or dispose of the
used oil recycling containers as necessary. A primary goal of this component will be to work with the
California Integrated Waste Management Board (CIWMB) staff to certify a minim1JD1 of twelve (12)
and as many as thirty (30) strategically located used oil centers throughout the Region.
-
Every effort will be made to assure that the centers are sufficient in quantity and geographic distribution
to assure that every resident of the region has a convenient opportunity to participate in the program.
Providing every household with a convenient recycling opportunity is the fU'St step in eliminating
improper disposal and eliminating used oil as a threat to the Region's waterways and wildlife habitat.
3" .,lF'
-22-
Certified Used on Center Proaram continued. . .
This component has the potential to reach the 225,000 local residents and many of the 1,000,000 people
from Tijuana and the surrounding area that buy oil in the Region. This component is designed to
increase awareness of used oil recycling opportunities and reduce the incidence of improper disposal.
It will provide the first link in a used oil collection system to an area which has been under-served in
both collection and education opportunities.
.
This program component emphasizes a cooperative effort between the Cities of Chula Vista, Imperial
&.ch and National City, and the Urban Corps of San Diego. The agencies will work together and
utilize their considerable resources to develop and implement a program through which the Region and
State will take great pride.
-23- 1r",l '1
LOCAL GOVERNMENT USED On..
OPPORTUNITY GRANTS
Public Education, Information and Promotion Program Part I
Program Description: Chula Vista, Imperial Beach and National City (Region) will implement a
comprehensive multi-media used oil recycling campaign that will reach out to all ethnic, religious and
geographic populations within the region. The Region will place at least three advertisements, in four
local print media publications, to promote used oil recycling. The advertisements will promote proper
disposal of used oil and list the name and location of certified used oil recycling centers. The
investment in advertisement dollars will be used to leverage photo and story opportunities that highlight
milestones of the program such as the 10,000 gallon of recovered oil and individual used oil recyclers.
The campaign will also include radio and cable public service advertisements (psa), ethnic and religious
media sources and movie theater advertisements. PSA's will be distributed quarterly to the media
sources listed above.
The media campaign will:
o make residents aware of the environmental hazards of improper disposal of used oil,
o develop grass roots support for used oil recycling,
o provide residents with the name and address of certified oil recycling centers,
o provide residents in the region with a telephone number for more infonnation,
o provide businesses with a "free advertising," incentive for certifying,
o emphasize buying recycled to "close the loop,"
o provide used oil recyclers with recognition for doing the right thing, and
o target high school and community college auto shop participants.
The first advertisement will be placed within 90 days of the award of the grant. Additional
advertisements will be spaced throughout the grant period to encourage certification and used oil
recycling.
The program will include portable displays, photographs, slides and signage promoting used .oil
recycling at banks, theaters, mall window displays and other public forums.
The program also includes a point of purchase display for every retail outlet which does not accept used
oil from the public. The display will hold a business card size referral list of local used oil col1ection
cent:rs. The Region Intern and Urban Corps will work together to implement this component.
Additionally, the campaign will include tfanspOrtation billboard displays. The Imperial Beach and Chula
Vista franchised hauler has agreed to periodically place billboards on their vehicles (approximately 20).
The billboards will also be placed on other public and private vehicles whenever feasible.
The Urban CorPs and Region Intern will target auto shop class participants and instructors at local high
schools and community colleges in the Region to receive instruction and information regarding used oil
recycling and the environmental hazards of improper disposal.
Whenever possible existing CIWMB materials will be used. When creating new materials the region
will. generate generic sizes and styles which can be adapted for use by other California jurisdictions.
The CIWMB and its contribution will be prominently recognized in all materials produced.
-24- Y":1/1
Public Education, Information and Promotion Program Part I continued . . .
This program component emphasizes a cooperative effort between the Cities of Chula Vista. Imperial
Beach and National City and the Urban Corps of San Diego. The combined resources of these agencies
will generate a model program through which the Region and CIWMB will take great pride.
-25-
~., J )
,
LOCAL GOVERNMENT USED On.
OPPORTUNITY GRANTS
Public Education, Information and Promotion Program Part n
Program Description: The Chula Vista Nature Center is a state of the art facility located on hundreds
of acres of wildlife refuge and wetlands on San Diego Bay. Local schools, families, and visitors from
throughout San Diego County travel to Chula Vista to see and participate in the Chula Vista Nature
Center facilities and activities. All third grade classes of the Chula Vista Elementary School District
attend annual "inter-active" science classes at the Nature Center.
This component of the grants supports staff and materials that will allow the Nature Center to integrate
used oil recycling education into their teacher training, third grade education program, and guided and
non-guided Nature Center/wetlands tours. The Nature Center Com~nent will:
o provide more than 30,000 students with a comprehensive understanding of the negative
environmental effects of improper disposal of used oil,
o instill a desire among the student participants to preserve the environment by encouraging
their fellow students, families and neighbors to recycle used oil,
o allow the Center to schedule teacher training and third grade nature classes for the
Region's other elementary school districts (Imperial Beach! and National City),
o create awareness among the Center's 80,000 annual visitors for the connection between
the improper disposal of used oil and its negative effects on the environment,
o provide Center visitors with referral information for proper disposal of used oil, and
o make learning about used oil recycling fun and interesting! .
The Nature Center's third grade education program will have a positive impact on additional school used
oil recycling activities. The Urban Corps and Rogion Intern will implement school based activities (i.e.
poster contests and assemblies) designed to reach the entire elementary school student body in the region
during the grant period. Students who have participated in the Nature Center program will stimulate
participation among the students and promote an atmosphere of children learning from other children
at the school based events. Students willleam about the impacts of improper oil disposal, how to take
advantage of local used oil recycling opportunities and the importance of buying recycled. All materials
generated for Nature Center activities will recognize the significant contribution made by the CIWMB.
This program component emphasizes a cooperative effort between the Chula Vista Nature Center. the
Tijuana River National Estuarine Reserve, local school districts, and the cities of Chula Vista, Imperial
Beach and National City. This innovative component places children in the middle of a wetlands habitat
. that is symbolic of the environment we are trying so hard to protect. The "inter-active" science classes
will connect the vivid image of the fragile nature and beauty of the wetlands with the choice between
recycling and improper disposal of used oil. The Nature Center used oil recycling component will
establish an environmental legacy through which the State and region can take great pride.
I Imperial Beach Students may attend a comparable program to be established at the Tijuana River
National Estuarine Reserve.
-26-
'j''' J:L.
COUNCIL AGENDA STATEMENT
Item
1
Meeting Date
6/07/94
ITEM TITLE:
Resolution / 75/ P Appropriating Funds for FY 1993-94
Employee Benefit Changes for Chula Vista Employees Association,
Pollee Officers Association, Western Council of Engineers,
International Association of Firefighters, Unclassified Part-time,
Unrepresented, Middle & Executive Management and
Mayor/Council, and authorizing the Finance Department to transfer
unbudgeted reserves to the appropriate accounts
SUBMITTED BY: Director of FinanCE!~
REVIEWED BY: City Manager Ie, 11/1 (4/5ths Vote: Yes X No_l
The City of Chula Vista has now completed all negotiations with the various employee
groups. As a result of these negotiations, employee benefit increases were approved,
therefore, necessary funds need to be transferred into the various departments to
cover these increases.
RECOMMENDATION: That Council adopt the Resolution appropriating $208,009 from
the General Fund and other funds and authorizing the Finance Department to transfer
the funds to the various departments for negotiated increases in benefits for the
1993-94 fiscal year.
BOARDS/COMMISSIONS RECOMMENDAllON: Not applicable.
DISCUSSION:
The cost of the various employee bargaining group benefits previously approved by
the Council for FY 1993-94 is $208,009. The employee groups included are Chula
Vista Employees Association, Police Officers Association, Western Council of
Engineers, International Association of Firefighters, Unclassified Part-time,
Unrepresented, Middle & Executive Management and Mayor/Council. These amounts
have been included in the 1993-94 budget computations for Fund Balances shown in
the proposed FY 1994-95 budget document.
FISCAL IMPACT:
The appropriation of $208,009 for FY 1993-94 involves transfer of the following
amounts from the unbudgeted reserves:
General Fund
Parking Meter Fund
Transit Fund
Bayfront Conservancy Trust Fund
BCT Bookstore Fund
Central Garage
Total
9./
$203,959
780
390
650
130
2.100
$208.009
RESOLUTION NO.
/75/D
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS FOR FY 1993-94
EMPLOYEE BENEFIT CHANGES FOR CHULA VISTA
EMPLOYEES ASSOCIATION, POLICE OFFICERS
ASSOCIATION, WESTERN COUNCIL OF ENGINEERS,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
UNCLASSIFIED PART-TIME, UNREPRESENTED, MIDDLE
& EXECUTIVE MANAGEMENT AND MAYOR/COUNCIL, AND
AUTHORIZING THE FINANCE DEPARTMENT TO TRANSFER
UNBUDGETED RESERVES TO THE APPROPRIATE
ACCOUNTS
WHEREAS, the City of Chula vista has now completed all
negotiations with the various employee groups; and
WHEREAS, as a result of these negotiations, employee
benefit increases were approved, therefore, necessary funds needs
to be transferred into the various departments to cover these
increases.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby appropriate $208,009 from the the
General Fund and other funds and authorizing the Finance Department
to transfer $203,959 to the various departments for negotiated
increases in benefits for the 1993-94 fiscal year, $780 transfer
for the Parking Meter fund, $390 transfer for the Transit Fund,
$650 transfer for the Bayfront Conservancy Trust Fund, $130
transfer for the BCT Bookstore Fund and $2,100 transfer for the
Central Garage.
Presented by
Approved as to form by
Susan B. Merrill, Interim
Finance Director
Bruce M. Boogaard, city
Attorney
C:\'8\FY93-94.app
~ ... ..2.
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item I ()
Meeting Date 617/94
Resolution 1?5// Ratifying Change Order No.2 and accepting the
contract work for the Broadway Widening and Reconstruction from 'F' to 'I'
Street in the City of Chula Vista, CA
Director of Public wor~~
City Manager 1(; 7 ;;r (4/5ths Vote: Yes_No X)
ITEM TITLE:
REVIEWED BY:
On June 23, 1992, City Council, by Resolution No. 16675, awarded a contract in the amount of
$1,645,000 (including contingencies) to Southland Paving, Inc. for the widening and reconstruction
of Broadway from 'F' to 'I' Street. The work is now complete.
During construction it was discovered that a 36-inch corrugated metal storm drain pipe (CMP) in
which the contractor was to tie new storm drain facilities into was severely corroded and collapsing
in several sections. The 36-inch corrugated metal storm drain pipe ran from east to west crossing
Broadway. Due to the pipe's condition and the reconstruction of the road work, the contractor was
directed while the pipe was exposed to remove and replace the existing 36-inch corrugated metal
pipe with a new 36-inch reinforced concrete pipe in the same location. The total cost for removal
and replacement of the 36-inch CMP storm drain totaled $12,371.41. Staff initially estimated that
this work would be approved at the City Manager level with the total cost amounting to less than
$10,000. But due to difficulties in working around gas and electric facilities, the total price of this
work exceeded the City Manager's authorization for change orders and thus must be approved at the
Council level. The work was completed to the satisfaction of the City Engineer on March 3, 1994
and is ready for acceptance.
RECOMMENDATION: That Council adopt the resolution approving the following:
1. Ratifying Change Order No.2 for the removal and disposal of an existing 36-inch corrugated
metal pipe and installing a new 36-inch reinforced concrete pipe in the 300 block of
Broadway.
2. Accept the contract work completed by Southland Paving, Inc. for the widening and
reconstruction of Broadway from 'F' Street to 'I' Street.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
During the construction of a storm drain facility for the Broadway Improvement Project from 'F'
Street to 'I' the existing storm drain facility crossing Broadway which the contractor was to tie into
was discovered to be completely corroded, partially collapsed and unable to function. Due to the
degradation of this pipe, a field decision was made to remove and replace this pipe with a new 36-
/tP-/
\,
"
Page 2, Item 11/
Meeting Date 6/7/94
inch reinforced concrete pipe. In order to expedite the removal and replacement of this storm drain
so as not to delay completion of the project, the contractor was directed to proceed on a time and
materials basis in accordance with the contract specifications. Staff anticipated that the cost for
removal and replacement of the storm drain facility would be between $8,000 and $10,000. After
completing three-quarters of the work, the contractor encountered difficulties with gas and electric
facilities encroaching into the storm drain area. Extra hand labor was required to work around these
facilities which increased the time required to complete this work. The total amount for this change
order is $12,371.41. City Council Policy 574-01 authorizes the City Manager to approve change
orders up to $10,000. It also provides that in emergency situations the City Manager may exceed
that amount under the condition that it be reported to the Council for ratification. Funds are
available from the contract contingency to cover this change order. The total construction cost for
the project is $1,552,568.83. The amount authorized for construction by Resolution 16675 was
$1,645,000. The financial statement contains a breakdown of all costs associated with the project
including construction cost, staff cost, water relocation expenses, property acquisition and soil testing.
FINANCIAL STATEMENT
Original Actual
Appropriation Award Expenditures
I. Appropriated Funds (ST -104) $2,463,455.00
II. Contract Amount as Awarded including $1,542,943.15
Contingencies 77,056.85
Total $1,645,000.00
III. Actual Expenditures
a. Construction Cost
1. Original Contract $1,542,943.15
Total C. O. Nos. 1,3,4,5 19,466.08
Change Order No.2 12,371.41
2. Water Relocation Expense
(Sweetwater Authority)
281,885.26
3. Soil Testing
b. Staff Cost (Design, inspection, 21,370.00
contract administration
433,500.00"
c. Property Acquisition Cost
21,485.00
TOTALS $2,463,455.00 $1,645,000.00 $2,310,809.09
"Includes 2.57 full cost recovery factor
FISCAL IMPACT: Approximately $152,000 will be available to return to the fund balance for use
on future CIP projects. Upon acceptance only routine maintenance will be required.
DCD/AX-Q69
\VPC F:\home\engineer\agenda\1962.94
I~"~
RESOLUTION NO.
175//
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING CHANGE ORDER NO. 2 AND
ACCEPTING THE CONTRACT WORK FOR THE BROADWAY
WIDENING AND RECONSTRUCTION FROM "F" TO "I"
STREET IN THE CITY OF CHULA VISTA
WHEREAS, on June 23, 1992, City Council, by Resolution
No. 16675, awarded a contract in the amount of $1,645,000
(including contingencies) to Southland Paving, Inc. for the
widening and reconstruction of Broadway from 'F' to 'I' Street; and
WHEREAS, the work is now complete and during construction
it was discovered that a 36-inch corrugated metal storm drain pipe
(CMP) in which the contractor was to tie new storm drain facilities
into was severely corroded and collapsing in several sections; and
WHEREAS, the 36-inch corrugated metal storm drain pipe
ran from east to west crossing Broadway and due to the pipe's
condition and the reconstruction of the road work, the contractor
was directed while the pipe was exposed to remove and replace the
existing 36-inch corrugated metal pipe with a new 36-inch
reinforced concrete pipe in the same location; and
WHEREAS, the total cost for removal and replacement of
the 36-inch CMP storm drain totaled $12,371.41; and
WHEREAS, staff initially estimated that this work would
be approved at the City Manager level with the total cost amounting
to less than $10,000, but due to difficulties in working around gas
and electric facilities, the total price of this work exceeded the
City Manager's authorization for change orders and thus must be
approved at the Council level; and
WHEREAS, the work was completed to the satisfaction of
the City Engineer on March 3, 1994 and is ready for acceptance.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby ratify Change Order No. 2 for the
removal and disposal of an existing 36-inch corrugated metal pipe
and installing a new 36-inch reinforced concrete pipe in the 300
block of Broadway in the amount of $12,371.41.
BE IT FURTHER RESOLVED that the city Council does hereby
accept the contract work completed by Southland Paving, Inc. for
the Broadway Widening and Reconstruction from "F" to " , Street in
the city of Chula Vista, Ca.
fOJ)
Presented by
John P. Lippitt, Director of
Public Works
C:\rs\broadway.C02
It'/~;J
COUNCIL AGENDA STATEMENT
Item / I
Meeting Date 6/7/94
ITEM TITLE: Resolution I ')51 e2. rescinding sewer connection and annexation
agreement with Francisco Mares and Mai Tuyet Do and refunding sewer
connection fees and a portion 0~,~e7its totalling $12,497.80
SUBMITTED BY: Director of Public Work~(r
REVIEWED BY: City Manager 1b,. r (4/5 Vote: Yes_ NoX)
Mr. Javier Mares and Mai T. Do entered into a sewer connection and annexation agreement
recently and deposited the required amount of fees with the City to connect a proposed single
family home at 4017 Palm Drive to City sewer. Their property is in the unincorporated area
of the County and unable to annex because the annexation would create an island of
unincorporated territory. Mr. Mares states that he has run into fiscal difficulty and has decided
to abandon the project for the time being. He has requested that the City refund the fees paid.
Since Council approved the connection agreement by Resolution No. 17302 with the applicants,
staff is presenting the item to Council for its consideration of the refund.
RECOMMENDATION: That Council adopt the subject resolution nullifying agreement and
approving the refund of fees in connection with the sewer connection of the property at 4017
Palm Drive.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In September of 1993, the owners of the property at 4017 Palm Drive applied to the City to
connect a proposed single-family home to the City's public sewer located adjacent to the
property. The subject parcel lies within the unincorporated area of the County and can not be
annexed without creating an island of unincorporated land. Isolation of unincorporated land is
not allowed under the regulations of LAFCO.
Council Policy No. 570-02 (as amended 6/92) provides for sewer connections by properties
outside the City limits with conditions whereby the owners of such properties enter into an
annexation agreement with the City and pay certain fees and deposits.
The applicants have executed a sewer connection and annexation agreement and paid the required
fees and deposits. The Council, by adopting Resolution No. 17302, approved the agreement at
its meeting on November 11, 1993. (Copies of the Agenda Statement, associated resolution,
11-/
Page 2, Item
11
Meeting Date 6/7/94
agreement and minutes of the November 11, 1993 Council Meeting are attached for reference.)
The agreement was sent to be recorded and returned for insufficient funds to cover the recording
fees. When staff contacted Mr. Mares for additional money for those fees, it was at that time
that he related that he was having [mancial difficulties and he would be asking the City for a
refund. Therefore the agreement was never returned to the County Recorder and remains
unrecorded.
By letter dated April 11, 1994, the owners stated that due to unbudgeted expenses for unplanned
retaining walls and other costs involving the grading of the site (the site is on a steep slope), plus
Mr. Mares' loss of employment, they requested that the City refund the $13,497.80 in fees and
deposits paid for sewer connection.
In accordance with Policy No. 570-02, a total of $4,557.80 was paid in sewer connection fees.
The remaining $8,940.00 was deposited to cover that which is termed in the Policy as a
"Delayed Annexation Deposit" consisting of the following:
1. Twice the current Sewer Capacity Fee ($2,220.00 per Equivalent Dwelling Unit)
totalling $4,440.00.
2. One-half of the total fees and deposits required by the City and LAFCO for
annexation and the processes leading up to annexation, including deposits for
Initial Study and Pre-zoning processes totalling $4,500.00.
According to the Policy, item 1 above is a deposit to ". . . offset any administrative, overhead
or other costs the City incurs as a result of providing the municipal service outside the City
Boundary." Staff recommends that a portion of the deposit be returned to the applicants and the
remainder be retained for staff's time spent on processing the sewer connection request, since
the process has been interrupted and the deposit will not be available to pay for those services.
Since there is no direct deposit or flat fee charged by the City to process requests for
connections such as this, we can only estimate the approximate number of hours spent on the
process in this case. Staff has estimated that it spent 16 to 20 hours on administering the request
(preparing agreement, Council agenda statement, etc.) and the most recent request for a refund.
Using the lower figure and incorporating the Full Cost Recovery Factor to include overhead
costs, it is recommended that the City retain $1,000.00 from the deposit in this instance to cover
our costs.
Because the applicants will not be constructing the home as planned and no connection to the
sewer is anticipated in the near future, staff recommends that $12,497.80 be refunded to the
applicants.
//-- .)..
Page 3, Item II
Meeting Date 6/7/94
FISCAL IMPACT: An amount of $1,000.00 will be retained in the General Fund out of the
deposit made by the applicants to cover City staff time in processing the sewer connection
request and the refund request. There will be a reduction in the following amounts in the
Revenue Accounts listed totalling $12,497.80:
Acct. No. Amount
400-4011 $4,500.00
100-4098 3,440.00
222-3762 2,220.00
220-3771 1,840.00
100-3335 317.00
100-3742 30.00
400-4008 150.80
[JWH:LY-086-11]
[M:\HOMElENGINEERIAGENDAIMARESREF.JWH]
Attachments:
Resolution No. 17302 ...-a
Council Agenda Statement ~:.v
Agreement
Minutes, November 11, 1993 Ce~ I Meeting
Exhibil "A" ~V
0'"
~
I/~J
RESOLUTION NO. /7fl.J.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RESCINDING SEWER CONNECTION AND
ANNEXATION AGREEMENT WITH FRANCISCO MARES AND
MAI TUYET DO AND REFUNDING SEWER CONNECTION
FEES AND A PORTION OF DEPOSITS TOTALLING
$12,497.80
WHEREAS, Mr. Javier Mares and Mai T. Do entered into a
sewer connection and annexation agreement recently and deposited
the required amount of fees with the City to connect a proposed
single family home at 4017 Palm Drive to City sewer; and
WHEREAS, said property is in the unincorporated area of
the County and unable to annex due to the proximity of the property
to our boundary; and
WHEREAS, Mr. Mares states that he has run into fiscal
difficulty and has decided to abandon the project for the time
being and has requested that the City refund the fees paid; and
WHEREAS, since Council approved the connection agreement
by Resolution No. 17302 with the applicants, staff is presenting
the item to Council for its consideration of the refund.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
ci ty of Chula vista does hereby rescind sewer connection and
annexation agreement with Francisco Mares and Mai Tuyet Do in
connection with the sewer connection of the property at 4017 Palm
Drive.
BE IT FURTHER RESOLVED
authorize a refund of the sewer
deposits totalling $12,497.80 to
that the City Council does hereby
connection fees and a portion of
Francisco Mar and Mai yet Do.
"l
Presented by
Bruce M.
Attorney
ity
John P. Lippitt, Director of
Public Works
C:\rs\ures.ref
//..4(
COUNCIL AGENDA STATEMENT
Item
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Meeting Date 617/94
ITEM TITLE: II Resolution 17.5"I.1ApprovingsuPPlementalSubdivisionImprovement
Agreement Requiring Developer to Comply with Certain Unfulfilled
Conditions of Resolution No. 16903 Approving a Tentative Subdivision
Map for Championship Classics IT, and Authorizing the Mayor to Execute
Same
(J Resolution 17..51 'I Approving Final Map and Subdivision
Improvement Agreement for Chula Vista Tract 92-04, Championship
Classics IT
SUBMITTED BY: Director of Public worx W
REVlEWIID BY' City"-" Jr; ~ '11 (415"" Y""" Y~_N..xJ
On November 24, 1992 by Resolution 16903, the City. Council approved the Tentative
Subdivision Map for Chula Vista Tract 92-04, Championship Classics IT. The final map for said
tentative map is now before Council for approval.
RECOMMENDATION: That Council adopt the resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project is generally located on the southerly side of Clubhouse Drive between Eastlake
Parkway and future South Greensview Drive in the EastLake Greens development and consists
of 10 numbered lots containing 78 condominium units, 7 lettered lots (A-G) for private street
purposes, one lettered lot (H) for private recreational purposes, and one lettered lot (I) for open
space and other public purposes.
The final map for Chula Vista Tract 92-04, Championship Classics IT has been reviewed by the
Public Works Department and found to be in substantial conformance with the approved tentative
map. Approval of the final map constitutes acceptance on behalf of the City of Chula Vista of
easements with the right of ingress and egress for: 1) the construction and maintenance of
public sewer, general utility and access upon and across private streets (Lots A, B, C, D, E, F,
and G); and 2) the construction and maintenance of public sewer facilities within Lot 4. In
addition, approval of the final map constitutes acceptance of a 10' general utility easement within
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Page 2, Item 1.2-
Meeting Date 6/7/94
Lot I; and rejection of the open space lot (I) within the subdivision, all as shown on the final
map. However, the City reserves the right to accept the open space lot in the future per Section
66477.2 of the Subdivision Map Act.
The developer has provided bonds to guarantee construction of the required public improvements
(CV drawings 93-661 through 93-669), paid all applicable fees, and has provided a cash bond
to guarantee the monumentation for said subdivision.
Conditions of Approval which will be met with approval of the Supplement Subdivision
Improvement Agreement are:
1. Condition 2 which required the developer to comply with, remain in compliance with,
and implement, the terms, conditions and provisions of the EastLake II General
Development Plan, EastLake Greens Sectional Planning Area Plan, EastLake Greens
Planned Community District Regulations, the EastLake Development Agreement, the
Water Conservation Plan and Air Quality Improvement Plan for EastLake Greens, the
Regional Air Quality Plan, Design Guidelines and the Public Facilities Financing Plan
approved by the Council (plans) as are applicable to the property prior to approval of the
Final Map or enter into an agreement with the City assuring that the developer shall
continue to comply with, remain in compliance with, and implement such Plans and
agree to waive any claim that the adoption of a final Water Conservation Plan or Air
Quality Improvement Plan constitutes an improper subsequent imposition of the
condition;
2. Condition 16 which required the developer, as successor in interest to EastLake, to
comply with the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage
Agreement approved by Resolution 15449;
3. Condition 19 which required the developer to hold the City harmless from any liability
for erosion, siltation, or increased flow of drainage resulting from this project.
4. Condition 20 which required the developer to permit all franchised cable television
companies equal opportunity to place conduit and provide cable television service to each
lot;
5. Condition 21 which required the developer to hold the City harmless for any claim or
action against the City with regard to the approval of this subdivision;
6. Condition 22 which required the developer to authorize the City to withhold building
permits for any unit(s) in the subject subdivision if Regional development threshold limits
set by the East Chula Vista Transportation Phasing Plan have been reached or if Traffic
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Page 3, Item /-2.
Meeting Date 6/7/94
volumes, levels of service, public utilities and/or services exceed the adopted City
threshold standards;
The Supplemental Subdivision Agreement also requires the developer to comply with all
applicable sections of the Chula Vista Municipal Code, including Code requirements listed as
Conditions 3, 8, and 29-32, prior to issuance of any Building Permits for the project. All other
conditions of approval have been satisfied.
A plat is available for Council viewing.
FISCAL IMPACT: Not applicable.
Attachments: Subdivision Improvement Agreement
Supplemental Subdivision Improvement Agreement V
Di~IO Statement
Con. s of Approval
PI tranparency of subdivision
~ ovement Bonds
~""solutions approving agreements (2)
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File: BY -366
F:\HOMB\EN'OINBBR\AOFNDA\clauic2.bnc
060794
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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
PARCEL R-24/R-25 LIMITED PARTNERSHIP, a California Limited Partnership
hereinafter called "Subdivider";
HI~H1L~.Q.ETH.i.
WHEREAS, Subdivider is about to present to the city Council of
the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as
Chula Vista Tract 92-04, Championship Classics II
pursuant to the provisions of the Subdivision Map Act of the State
of California, and in compliance with the provisions of Title 18 of
the Chula Vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the city of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
'and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose. of recording in the Office of the County
Recorder of San Diego County, or, as an 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
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
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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. 16903 , approved on the 211th day of
November , 192L-("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the city Engineer, as
shown on Drawings Nos. 93-661 and 93-669
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
Three Hundred Six Thousand Eight Hundred Dollars and no/l00ths ($306,800.00)
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.
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
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occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in sai4 subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the city; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of One Hundred Fifty-Three Thousand Four Hundred and no/l00ths Dollars
($153,400.00).
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 Fifty-Three Thousand Four Hundred and no/l00ths Dollars
($153,400.00)
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, llInCX~~x 8licot~Xllf.ax.X~~lQ1M:.XX
~,xlWhoEl8[~!OY'JheEPC~~~~U~J!llX~U\l!X81lll\
lOdl< a cash bond in the amount of Five Hundred Dollars ($500.00)
copy of siad check is attached
to secure the installation of monuments, which lJl,,~li1liPcll~~lla:!Ulll
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
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City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or ~
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
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 limi ts 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
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of or ar~s~ng 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 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 subdi visil"'" ..,h i,..h ..,..... inn i.. brouaht wi thin the time period
provided fOl
State of Cal
IN WIT
agreement tc
forth.
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STAlE OF CAUFORN
COUNTY OF
On .'/}~.h '? , / f tl. ~
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before me,
peISOnally appeared
personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within
instrument and acknowledged to me that he/sha.1hey executed the same In hislherltheir authorized capacity(ies),
and that by hlslherllheir signature(s) on the Instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the Instrument.
THE CITY OF
Mayor of thE
Vista
ATTEST
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CIALSEAL
M.1AWl WELCH
_Pl&JC.CU_
_ClllIII't
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Approved as
('1'his area tor oIficiIt notarial Hal)
city Attorney
(Attach Notary Acknowledgment)
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of or ar1s1ng 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 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.
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THE CITY OF CHULA VISTA
ATTEST
City Clerk
SUBDIVIDER: PARCEL R-24/R-25
liMITED PARTNERSHIP, a California limited
Partnership
By: Chanco Development Corporation - East
Highlands, a Delaware Corporation,
~ral Partner
.c' ~"""-~ __
Maurice Yan, i~President
Mayor of the city of Chula
Vista
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
"""'\
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LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount: $153,400.00
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount: $153,400.00
Exhibit "c"
Improvement Security - Monuments:
Form: Check
Amount: $500.00
Securities approved as to form and amount by
city Attorney
Improvement Completion Date: December 31, 1994
C:\aclaubdivia
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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 A
THIS AG EMENT, made and en red into this day of
, 19 , by and betwe n THE CITY OF CHULA VISTA, a
municipal corporatio hereinafter aIled "city", and
P, a California Limited Partnership
""""
WHEREAS, Subdivider is 0 present to the City Council of
the city of Chula Vista or app val and recordation, a final
subdivision map of a pro sed subdi 'sion, to be known as
Chula Vista Tract 92-04, Cha pionship Classic I)
pursuant to the provis' ns of the Subdiv' ion Map Act of the State
of California, and in ompliance with the ovisions of Title 18 of
the Chula Vista Muni ~pal Code relating to t filing, approval and
recordation of sub ~vision map; and,
WHEREAS, t e Code provides that before sai
approved by th Council of the City of Chula Vista, bdivider must
have either i taIled and completed all of the public 'mprovements
'and/or land evelopment work required by the Code to b installed
in subdivis ons before final maps of subdivisions are ap oved by
the Counc' for purpose of recording in the Office of the ounty
Recorder of San Diego County, or, as an alternative the to,
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
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of sadd map by the Council, to enter into
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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. 16903 , approved on the 24th day of
November , 19li-("Tentative Map Resolution"); and
WHEREAS, complete plans and specific~tions for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 93-661 and 93-669 ,
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
Three Hundred Six Thousand Eight Hundred Dollars and no/l00ths ($306,800.00)
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.
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
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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.
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S. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the city of Chula Vista, and the laws of the state of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of One Hundred Fifty-Three Thousand Four Hundred and no/100ths Dollars
($153.400.00) .
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 Fifty-Three Thousand Four Hundred and no/100ths Dollars
($153,400.00)
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, lBnCX~~X~X:llfltlflXlfill!:X~~~x
~,xlWhoB8:~lOY'~~~~~~~11~~!\l!Xlltlll\
we a cash bond in the amount of Five Hundred Dollars ($500.00)
copy of siad check is attached
to secure the installation of monuments, which lEg~lU;Ka:t:ta~IUlll.
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
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city, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to subdivider or
its successors in interest, pursuant to the terms of the
improvement security. subdivider agrees to pay to the city any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
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 bonds~en, 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
-4- J~ rJ>
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 adj acent 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 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 wr----- -- --
agreement t
forth. r
THE CITY OF
Mayor of th
Vista
[
8
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I
~
~
,
~
personally appeared
10 me on the basis 01 salislactoly evidence) 10 be the person(s) whose name(s) is/are subscribed 10 the w~hin
Instrument and acknowledged to me that heJsheJthey executed the same in his/herhheir authorized capac~(ies),
and that by hislherhheir signature(s) on the instrument the person(s) or the ent~ upon behalf 01 which Ihe
person(s) acted, executed the instrument.
.
nd and official
CIAL SEAL
M.IAtEN WUOl
IllIlNlYMUC.CU_
ClIWfllECllUIITY
_"""''''''_13.1994
I
Signatur
(This area for ofIicial notarial seal)
\....J
~
........,
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.
.
.
,
.
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this aqreement; 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 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.
r--
THE CITY OF CHULA VISTA
SUBDIVIDER: PARCEL R-24/R-25 '
LIMITED PARTNERSHIP, a California Limited I
Partnership
By: Chanco Development Corporation - East
" Highlands, a Delaware Corporation,
~a: p~tner
Maurice Yan~~nt
Mayor of the city of Chula
vista
(Attach Notary Acknowledgment)
\
-5- /;2..~' 17
LIST OF EXHIBITS
~
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount: $153,1100.00
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount: $153,1100.00
Exhibit "C"
Improvement Security - Monuments:
Form:
Check
Amount: $500.0
se~r/t:vits t form :5J"nt by
City Att
"""'.
Improvement Completion Date: December 31, 19911
C:\ar\subdivia
-..
-6- / ;2 --- / ~.
Recording Requested By:
~ City of Chula Vista
WHEN RECORDED RETURN TO:
City of Chula Vista
276 Fourth Avenue
Chula vista, California 91910
Attention: City Attorney
SUPPLEMENTAL SUBD:IV:IS:ION :IMPROVEMENT AGREEMENT
CHULA V:ISTA TRACT 92-04
CHAMP:IONSH:IP CLASS:ICS :I:I
THIS AGREEMENT ("Agreement") is entered into this of
November, 1993, between PARCEL R-24/R-25 LIMITED PARTNERSHIP, a
California limited partnership ("R-24/R-25") and THE CITY OF CHULA
VISTA, a municipal corporation ("City").
R ~ s: 1. 1: li l.I ~:
~
A. R-24/R-25 is the owner and developer of that certain real
property generally described as Lot 3 of Chula Vista Tract No. 88-
3, EastLake Greens Phase 1D, in the City of Chula Vista, County of
San Diego, according to Map thereof No. 12831, filed in the Office
of the County Recorder of San Diego County on June 20, 1991,
(" Property"), and commonly known as the Championship Classics I I
Project.
B. The City granted R-24/R-25 approval of a tentative
subdivision map for the Property, which subdivides the Property
into seventy-eight (78) condominium units ("Project"), together
with various conditions of approval ("Conditions") pursuant to
Resolution No. 16903 dated November 24, 1992.
C. R-24/R-25 submitted to the City the Final Map ("Map") for
the Property and anticipates that the City Council will approve the
Map on or before July 29, 1994.
D. Items 19 and 21 of the Conditions require, respectively,
R-24/R-25 to (1) hold the City harmless from any liability for
erosion, siltation, or increased flow of drainage resulting from
the Project, and (2) defend, indemnify and hold harmless the City
and its agents, officers, and employees, from any claim, action or
proceeding against the City, or its agents, officers, or employees
to attack, set aside, void or annul any approval by the City,
including approval by its Planning Commission, City Councilor any
approval by its agents, officers, or employees with regard to
development of the Property provided the City promptly notifies R-
~
11013.018-1161.FCM 121193
1-
102-/;
24/R-25 of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
""'"'
E. Item 20 of the Conditions requires R-24/R-25 to permit
all qualified franchised cable television companies equal
opportunity to place conduit and provide cable television service
to each condominium in the Project.
F. Item 22 of the Conditions requires R-24/R-25 to authorize
the City to withhold building permits for any condominium in the
Project if either of the following occur:
1. Regional development threshold limits set by the
East Chula Vista Transportation Phasing Plan are
reached, or;
2.
Traffic
utilities
threshold
volumes, levels of
and/or services exceed
standards.
service, public
the adopted City
G. R-24/R-25 and the City desire to enter into this
Agreement to comply with and satisfy the requirements of Conditions
19 through 22.
NOW, THEREFORE, in consideration of the foregoing Recital, and
the terms and conditions set forth herein, R-24/R-25 and the City
acknowledge the following: . ""'"'
1. Unoerformed Conditions of Aooroval.
agrees to comply with all the Conditions of the
subdivision map which remain unperformed at the time of
of the Map, including Conditions 2, 8, 16, 29, 30, 31,
specifically Condition 3, which reads as follows:
R-24/R-25
tentative
the filing
and 32 and
"3.
accordance with
but not limited
Pay fees applicable to the project, in
the City Code and Council Policy, including
to:
Fees.
a. The Public Facilities Development Impact
b. The Eastern Chula Vista Transportation
Development Impact Fees (DIF). A portion of the
Transportation DIF is funded through Assessment District
90-3. The balance due to increased density is payable.
c. Signal Participation Fees.
d. All applicable Sewer fees, including but
not limited to sewer connection fees.
11013.01S.1161.FCM 121793
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.
.
.
Pay the amount of said fees in affect at the time of
issuance of building permits. [R-24/R-25] is' advised
that fees periodically change, and that it is [R-24/R-
25' s] responsibility to contact the appropriate City
department or government agency to ascertain the amount
of a given fee due at the time of collection."
The parties agree that the failure to meet such conditions shall
not constitute a basis for the City to deny record~tion of the Map,
or relief R-24/R-25 from performing such conditions in a diligent
and timely manner.
2. Indemnities - Conditions 19 and 21. In compliance
with items 19 and 21 of the Conditions, R-24/R-25, on behalf of
itself and its successors and assigns, hereby agrees to (1)
indemnify, defend, and hold the City harmless from any liability
due to erosion, siltation or increased flow of drainage resulting
from construction of the improvements associated with the final
maps for the Property, and (2) defend, indemnify and hold harmless
the City and its agents, officers, and employees, from any claim,
action or proceeding against the City, or its agents, officers, or
employees to attack, set aside, void or annul any approval by the
City, including approval by its Planning Commission, City Council
or any approval by its agents, officers, or employees with regard
to the Project provided the City promptly notifies R-24/R-25 or its
successors of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
The City hereby agrees and acknowledges that execution of this
Agreement satisfies Conditions 19 and 21 for the Project.
3. Cable Television Condition 20. Pursuant to
Condition 20, R-24/R-25 agrees to permit all qualified cable
television companies franchised by the City equal opportunity to
place conduit to and provide cable television service for each
condominium in the Project. Notwithstanding the foregoing, R-24/R-
25 shall restrict access to the conduit to only those franchised
cable television companies who are and remain in compliance with
all of the terms and conditions of the franchise and which are in
further compliance with all other rules, regulations, ordinances
and procedures regulating and affecting the operation of cable
television companies as same may have been, or may from time to
time be issued by the City.
The City hereby agrees and acknowledges that execution of this
Agreement satisfies Condition 20 for the Project.
11013.01S.1161.FCM 121193
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4. Buildinq Permits - Condition 22.
grants the City the right to withhold building
improvements on the Property at such time as
following occur:
a. The public facilities monitoring program, as
provided for in the EastLake I Public Facilities Financing Plan
("PFFP") for the Project, indicates that required facilities as
identified in the PFFP or any revisions thereto have not been
provided, as reasonable determined by the City Engineer and/or
Director of Planning.
R-24/R-25 hereby
permits for any
anyone of the
-.,
b. Traffic volumes, levels of service, utilities
and/or services exceed the adopted City threshold standards for
those public streets directly impacted by the Project.
The City hereby agrees and acknowledges that execution of this
Agreement satisfies Condition 22 for the Project.
5. Miscellaneous.
5.1 Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or permitted by
this Agreement or by law to be served on or delivered to 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, then three (3) business ~
days have elapsed following deposit in the u.s. mail, certified or .
registered main, return receipt requested, first-class postage
prepaid, addressed to the address indicated below:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Engineering Department
PARCEL R-24/R-25 LIMITED PARTNERSHIP
c/o Cottage Development
209 Avenida Del Mar, Suite 204
San Clemente, CA 92067
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.
5.2 Captions. Captions in this Agreement are
inserted for convenience of reference and do not define, describe
or limit the scope or intent of this Agreement or any of its terms.
5.3 Entire Aqreement. This Agreement contains the
entire agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
11013.018-1161.FCM 121793
1&-
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" .
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.
5 . 4 Preoaration of Aqreement. No interference,
assumption or presumption shall be drawn from the fact that a party
or his attorney prepared and/or drafted this Agreement. It shall
be conclusively presumed that both parties participated equally in
the preparation and/or drafting of this Agreement.
5.5 Recitals. Any recitals set forth above are
incorporated by reference into this Agreement.
5.6 Attornev's Fees. In the event of any dispute
arising out of this Agreement, the prevailing party in any action
shall be entitled to reasonable attorney's fees in addition to any
other costs, damages, or remedies fixed by the court.
5.7 Inurement. This Agreement shall be binding
upon and insure 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. 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.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be effective as of the day and year first hereinabove
set forth.
Dated:
, 1993
THE CITY OF CHULA VISTA,
a California municipal
corporation
}
}as.
}
~
,yor
.
5 LIMITED
:alifornia
hip
personally appeared
known to ma (or proved
to ma on the basis 01 satiSfaclDry avldenc:e) to be the person(s) whosa nama(s) lsIare subsCribed to tha within
Ina\rUmanl and acknowIedgad to ma'" heJsheIthey axeaitad the aama In hislhllrltheir authorized capacily(iaS),
and'" by hislhar/lhair signatura(s) on the instrumanllhll person(s) or the entity upon behaK 01 which ths
~
parson(s) 8cled, axecuted the Instruman\.
~
Signalure . ~ L-
mCIAL
M. WEN warn
_MUC.CU_
_ClIUN1"f
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1/
(This .... tor - _, "")
/2.-:2;;
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.
........
5.4 Preparation of Aqreement. No interference,
assumption or presumption shall be drawn from the fact that a party
or his attorney prepared and/or drafted this Agreement. It shall
be conclusively presumed that both parties participated equally in
the preparation and/or drafting of this Agreement.
5.5 Recitals. Any recitals set forth above are
incorporated by reference into this Agreement.
5.6 Attorney's Fees. In the event of any dispute
arising out of this Agreement, the prevailing party in any action
shall be entitled to reasonable attorney's fees in addition to any
other costs, damages, or remedies fixed by the court.
5.7 Inurement. This Agreement shall be binding
upon and insure 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. 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.
"""'"
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be effective as of the day and year first hereinabove
set forth.
Dated:
, 1993
THE CITY OF CHULA VISTA,
a California municipal
corporation
By:
Tim Nader, Mayor
Dated:
, 1993
PARCEL R-24/R-25 LIMITED
PARTNERSHIP, a California
limited Partnership
BY:~~
Maurice Yang
Approved as to form by:
CITY ATTORNEY
11013.018-1161.FCM 121793
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MAY-27-1994 14:11 FROM COTTRGE DEVELOPMENT
16196915171 P.B2
TO
111'1'-;::" J~ II'.J. ......._ 1>1.1......... ..... -.--. ........
.. .-
.', .
.
.
J'BB em (g ClIUl"A. Rn'..c,ARTY D1SCLOSUU ,T..cJDam'
.
Stlltemct of 411dosure of oertaln ClWIIe:shlp mwata. payment.. or campefan contrlbutlcms, em .n DlIUUI
which w!1l requfH dilereUOIlAl'y aotioA 011 the put or tho ~ CclD'lcll, PlamlbIa CommlIIiclIl. an4 .n other
omclal \odlt.. The follClWlDa lDfonD.tklll __t be dbcIosed;
. .
1. Liat tho ZWZl" of an pe.rIOIII IIIlY1q a 1IDI1lt'1,,' iDtetat ill tile COIItract, Le., llOI'IUlClor,
I)1bcall1n1C1Ot. DlJlerIaJ wppHer. .
DavId C. Cutierrez
kevln Lee
2.
If any penon Identifi.d pUfl1.lUll 10 (1) abcMI fa a corporatlon or partDenbJp, 11&1 lbe lames 01 all
IJIdMd\lals owniDa more than 10,. Of the pares In the corporation or OWIlift. all)' par1JlCrshlp
mlMel1 In the putner,hip. . -
David ~ Gutierrez
Kevin .
3.
If any person idatlflell pursuant to (1) above .. non-profit orpnfudon or a tnUt, Ust the nama
or any p.rlOD .efYiJIa .. dlrlctor of the non-PfOf1t orpnfDtlOll or II tnlJtoe or 'baMficl1l')' or
truItOr of Iho trust.
,.
Have you bad more than S~G worth of bUlln... uamacted with any =ember of the Oly It.,
BOIrds, Commissions. Committe.. and Council within the: put twelve moctba? Yes_
No...2L If 18'0 plea_Indicate penOll(a):
P1.aae Idl!ltl~ each lUld eve!)' person, Includill8 Iny ...nla, emplCl)'Ca, c:ODJuJlama or independent
contntClOn who you 1111". IlIlgned tel repreaent you before ,be CfW in tbls maUer.
David C. Outrerrez Roger Bhatia
!cotl Redlun
Maurice Yang
6.
Hive S'CN and/or)'OUr officers or IplltI, ill the aarepte, contribvted more than $J,OOO to a
Counellmembu in the ",rrcn' or ptcctdlna electiDD period? Yea _ No JL If yet, alale which
Covndlmembc:r(.):
l!IIl:!DIll&ftftMd.ll "AIv IM/,-IIrur/.pm" co-pIUfIImIIlp.joIrrll'CPIIIn. --'".",...;, d1t..Jl.......M.....lwiM. c""""""
.l'IInt.. /I'llII'. NaItw, .I).....,,, ",16 11M ""101hfr _,.". en, ."" _II~ d/)\ IIIf1If.1/ty. tIl#1kI.,... ~1 ""'11sHM~
" Il1O' ",." .... .. "..,bIII.,k1tt .,''' M . U/lit:
(NOTa: Allacll .ddIIlOll.' ra,- .. ~ryl
J),,\C; Mev 2.', 1994
. 1.\.if.I.\DISa.om.iXTj
... .
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TOTAL P. B2
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RESOLUTION NO. 16903
"""""
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR
~PIONSHIP ClASSICS II. CHULA YISTA TRACT 92-04,
MAKING THE NECESSARY FINDINGS, AND READOPTING THE
STATEMENT OF OVERRIDING CONSIDERATIONS AND THE
MITIGATION MONITORING PROGRAM
WHEREAS, the property which is the subject ..tter of this resolution is
identified and described on Chula Yista Tract 92-04, and is co.IOnly known as
CHAMPIONSHIP ClASSICS II ("Property"); and,
WHEREAS, the Parcel R-24iR-25 Li.ited Partnership filed a duly verified
application for the subdivision of the Property in the fo~ of the tentative
subdivision ..p known as Championship Classtcs II, Chula Vista Tract 92-04, with
the Planning DepartDent of the City of Chula Vista on June 23, 1992 ("Project").
and,
WHEREAS, said application requested the approval for the subdivision of
approximately 7.9 acres located on at the southeast quadrant of EastLake Parkway
and Clubhouse Drive into nineteen (19) lots consisting of ten (10) residential
lots containing 78 single family condominiUII dwellings, one (1) recreational lot,
seven (7) street/easement lots and one (1) open space lot. and,
WHEREAS, the development of the Property has been the subject ..tter of a ~
General Plan Amendment, Pre-Zone, and General Development Plan ("GPA") previously
approved by the City ()uncil on August 24, 1982 by Resolution No. 10996 ("GPA
Resolution") wherein the City Council, in the enviro~ntal evaluation of said
GPA, relied in part on the EastLake Final Enviro~ntal I~act Report No. 81-03,
SCH No. 80121007 ("Program EIR 81-03"), a progr.. environlental i~act report as
same is defined in CEQA Guideline Section 15168. and,
WHEREAS, the development of the Property has been the subject ..tter of a
General Development Plan II, Sectional Planning Area Plan and Tentative
Subdivision Map ('PCS-sa-03") ("SPA Plan") previously approved by the Cit)' Council
on July 18, 1989 by Resolution Nos. 15198-15200 ("SPA Plan Resolution") wherein
the City Council. in the environlental evaluation of said SPA Plan. relied in
part on the "EastLake Greens Sectional Planning Area (SPA) Plan and EastLake
Trai 15 Pre-Zone and Annexation Fina' SUPf'..nta' EnvirDnlental I~act Report No.
86-04". SCH No. 86052803 ("FSEIR 86-04 ). and.
WHEREAS. the developlllnt of the Property has been the subject ..tter of an
EastLake II General Developlltnt Plan _nilllent. and SPA Plan _ndllent ("Density
Transfer" PCM-92-03) previously approved by the City Council on May 19.1992 by
Resolution Nos. 16628 and 16629 ("Density Transfer Resolution") wherein the City
Council. in the environlental evaluation of said Densitl Transfer. relied in part
on the Negative Declaration for IS-92-04. ("Neg. Dec. ); and,
""'"
If .
J"J. - c2 ?-
Resolution No. 16903
Page 2
,
'"1"
WHEREAS, this Project is a subsequent activity in the program of
'~elopment environlentally evaluated under Program EIR 81-03, FSEIR 86-04 and
~. Dec. that is virtually identical in all relevant respects, including lot
size, lot numbers, lot configurations, transportation corridors. etc.. to the
project descriptions in said fOnler environlental evaluationsi and.
WHEREAS. the City Environlental Review Coordinator taas reviewed the
proposed Tentative Map and deteY'llined that ft is in substantial confOl'lllnce with
the GOP II, SPA Plan and Tentative Subdivision Map PCS-II-03 as IOdified by the
Density Transfer. therefore no new environlental doc..nts are necessarYi and.
WHEREAS, the Planning Commission held an advertised publiC hearing on said
project on October 19. 1992. voted to recOlllltnd that the City Council approve the
Tentative Map in accordance with the findings and conditions listed below and
readopted the Statement of Overriding Considerations and the Mitigation
Monitoring Programi and. .
. WHEREAS , the City Council set the ti~ and place for a hearing on said
tentative subdivision map application and notice of said hearin" together with
its purpose, was given by its publication a newspaper of genera circulation in
the City and its ..iling to property owners within 1.000 feet of the exterior
boundaries of the property at least ten days prior to the hearingi and.
WHEREAS, the hearing was held at the ti.. and place as advertised, namely
6:00 p.II., November 10, 1992, in the Council Chambers, 276 Fourth Avenue, before
the City Council and said hearing was thereafter closed.
~ NOW THEREFORE, THE CITY COUNCIL finds, deteY'llines and resolves as follows:
SECTION 1. CEQA Finding re Previously Examined" Effects.
The City Council hereby finds that the Project, as a later activity
to that evaluated in the Program EIR 81-03, FSEIR 86-04, and the
Negative Declaration for IS-92-04 would have no new effects that
were not examined in the preceding docUlltnts (Guideline 15168
(c)(I)) .
SECTION 2.
CEQA Finding re Project within Scope of Prior Program EIR.
The City Council hereby finds that (1) there were no changes in the
Project from the Program EIR.the FSEIR and the Neg. Dec. which would
require revisions of said reportsi (2) no substantial changes have
occurred with respect to the circumstances under which the project
is undertaken since the previous reportsi (3) .nd no new infol'llltion
of substantial i~ortance to the project has become available since
the issuance and approval of the prior reportsi and that therefore.
no new effects could occur and no new mitigation .&sures will be
required in addition to those already in existence and currently
..de a condition for Project 1mple..ntation. Therefore. the C1ty
Council approves the Project as an activity that is within the scope
of the project covered by the Program EIR, FSEIR and the Neg. Dec..
~
~
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Resolution No. 16903
Page 3
and therefore, no new enviro,.ntal doe..nts are required ""
(Guideline 15168(c)(2)). .
SECTION 3. Incorporltion of All Felsible Mitigltion Melsures and Alternltives.
The City Council does hereby adopt and incorporlte herein IS condi-
tions for 111 approvlls herein granted 111 .itigltion ..Isures Ind
alternltives, if any, which it hiS detenlined. by the findings ~de
in the GPA Resolution, the SPA Resolution, and the Density Trlnsfer
Resolution, to be felsible in the approvll of the General
Development Plan, the SPA Plln, and the Density Transfer
respect ive ly.
SECTION 4. Notice with Later Activities.
The City Council does hereby give notice, to the extent required by
law, that this Project is In Ictivity within the scope of the
program Ipproved earlier in the GPA Resolution, the SPA Plan
Resolution, and the Density Transfer Resolution, and the Program
EIR, FSEIR, Ind the Neg. Dec. adequately describe the Ictivity for
the purposes of CEQA (Guideline 15168 (e)).
SECTION 5. General Plan Findings--Confo~nce to the Generll Plan.
""'"
Pursuant to Government Code Section 66473.5, in the Subdivision Map .
.Act, finds that the tentative subdivision ~p IS conditioned herein
for CHAMPIONSHIP CLASSICS II, Chula Vista Trlct No. 92-04, is in
confonnance with 111 the various elftlents of the City's General
Plln, the EastLake Greens Generll Developlllent Plln Ind Sectional
Planning Area Plln based on the following:
I. Lind Use - Based on the provisions of the General Plan
,ertaining to the trlnsfer (Section 6.2) Ind clustering
(Section 6.3) of residentill units within EastLlke Greens, the
SPA Plln. as ...nded pursulnt to POM-92-03, WIS dee.ed to be
consistent with the Generll Plln. Slid ...n_nts Illowed for
I yield of 10 dwelling units per acre on the project site.
However, when co.puted for the whole of EastLlke Greens, the
density ..ets Generll Plan require-.nts of low...dia density
(3-6 du/lc) per Generll Plan require-.nts.
Circulltion - The project "'S a circullr private' street
system. These streets ..et .ini_ City require-.nts for such
streets. The project will not adversely effect the
Circulltion El...nt in thlt the adjoining street system was
designed to hlndle the Inticipated flow of trlffic resulting
from this and other lrea projects.
b.
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c. Housing - The type of housing being proposed is detached
. single-family condominiums. This rroject _ets the goals,
objectives and policies of the Hous ng Ele.ent in that Goals
1 and 4, Objectives 1 and 3 and Policies 2, 6, 7 and 8 are
i.,lesented by this project.
d. Conservation - The adoption of EIR-81-03, EIR-86-04 and the
Neyathe Declaration for 15-92-04 satisfy the ~oals and
po icies of the Conservation Ele.ent of the Genera Plan in
that .itigation _asures listed in the forgoing docu.ents are
applicable to this project.
e. Park and Recreation, Open Space - The recreational lot in this
project _ets the .ini park criteria of Section 4.4 of the
Parks and Recreation Ele.ent and therefore i.,le.ents this
General Plan Element.
f. Seismic Safety - There are no known active faults within the
vicinity. The closest potentially acthe fault is located
approximately two .iles to the west of the site.
g. Safety - The project _ets the threshold standards of the
Growth Management Pl an. A temporary fi re station will be
constructed at the northeast corner of Otay lakes (Telegrafh
Canyon) Road and lane Avenue at a distance of approximate y
three-quarters of a .ile.
. h. Noise - No noise conditions are required in that EIR 86-04
assessed noise i.,aets to this site and found t~at _itigation
.asures are not necessary.
i. Scenic Highway - Eastlake Parkway is designated a Scenic
Highway in Section 8.1 of the land Use Elesent. An enhanced
landscape plan showing treat.nt appropriate for such a
highway is required as part otthe conditions of approval. In
addition, the project .eets the requirements of Section 8.2 of
the Housing Element pertaininf to i.,le.entation design review
of projects adjacent to scen c highways. (The design review
of this project was accOIplished under DRC-93-01.)
j. Bicycle Routes - When the street systn in EasUake Greens was
oriyinally constructed, Eastlake Parkway had bicycle lanes
inc uded and thus _t the requireMnts of the Circulation
Ele.ent pertaining to the bicycle'plan.
k. Public BUildin1s'~ No public buildings are proposed on the
site. The pro ect is required to pay RCT fees prior to the
issuance of bu lding penlits.
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Resolution Mo. 16903
Page 5
SECTION 6. Subdivision Map Act Findings.
a. 8Ilance of Housing Meeds and Public Service Needs.
Pursuant to Section 66412.3 of the Subdivision Map Act, the
Council certifies that it has considered the effect of this
approval on the housing needs of the region and has balanced
those needs against the public service needs of the residents
of the City and the available fiscal and environmental
resources.
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b. Opportunities for Natural Heating and Cooling Incorporated.
The configuration, orientation and topography of the site
partially allows for the opti_ siting of lots for passive or
natural heating and cooling opportunities as required by
Government Code Section 66473.1.
c. Finding re Suitability for Residential Development.
The site is physically suitable for residential development
and the proposal conforms to all standards established by the
City for such projects.
SECTION 7. Conditional Approval of Tentative Subdivision Map.
.........
The City Council does hereby 'j)prove, subject to the following ,
conditions, the tentative subdivision ..p for CHAMPIONSHIP CLASSICS
II, Chula Vista Tract 92-04. Unless otherwise specified, all
Conditions and Code Requirements shall be fully completed to the
City's satisfaction prior to the approval of the First Final Map.
Unless otherwise specified, "dedicate" leans grant the appropriate
easement, rather than fee title. The Developer shall:
,',
General/Preliminarv.
1. Satisfy all .itigation IelSures required before Final Map
approval by Final Suppltllental Enviroftlental llIpact Report for
ElStLake Greens (FSEIR) 86-04 and Meg. Dec. for IS-92-04,
which .itigation leasures are hereby incorporated into this
Resolution by reference. Any such leasures not satisfied by
a specific condition of this Resolution Or by the project
design shall be illpltllented to the satisfaction of the
Director of Planning. Mitigation leasures shall be ~nitored
,via the Mitigation Monitoring Progr.. approved in conjunction
with the FSEIR and Meg. Dec. Modification of the sequence of
.itigation shan be at the discretion of the Director of
Planning should changes in circu.stances warrant such
revision. '
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Resolution No. 16903
Page 6
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Unless otherwise conditioned, cOllply with, reMin in
compliance with, and illplnent, the terms, conditions and
provisions of the Eastlalce II General DevelOJlllll!nt Plan,
Eastlalce Greens Sectional Planning Area Plan, Eastlalce Greens
Planned COIIIUnity District Regulations, the hstlalce
Developlllent Agrenent, the Water Conservation Plan and Air
Quality IlIprovllllent Plan for EastLalce Greens, the Regional Air
Qualiyt Plan, Design Guidelines and the Public Facilities
Financing Plan approved by the Council C.Plans.) as are
applicable to the property which is the subject ..tter of this
Tentative Map, prior to approval of the Final Map, or shall
have entered into an agre...nt with the City, providing the
City with such security (including recordatio~of coventnts
running with the land) and i.,le.entation procedures as the
City ..y require, assuring that. after approval of the Final
Map, the developer shall continue to comply with. remain in
compliance with, and illplnent such Plans. Developer shall
agree to waive any clai. that the adoption of a final Water
Conservation Plan or Air Quality I.,rovnent Plan constitutes
an i.proper subsequent illposition of the condition.
3. Pay fees applicable to the project, in accordance with the
City Code and Council Policy. including but not li.ited to:
a. The Public Facilities Development IlIpact Fees
The Eastern Chula Vista Transportation Development
Impact Fees (OIF). A portion of the Transportation uIF
is funded through Assessment District 90-3. The bal. !Ice
due to increased density is payable.
c. Signal Participation Fees
d. All applicable sewer fees. including but not li.ited to
sewer connection fees.'
b.
Pay the amount of said fees in effect at the tile of issuance of
building permits. The developer is advised that fees periodically
change, and that it is the developer's responsibility to contact the
appropriate City departlent or ,overnlent agency to ascertain the
amount of a liven fee due at the tile of collection.
I:C I R's.
File with the City of Chula Vista a copy of the Declaration of
.Covenants. Conditions and Restrictions (CCIR's) applicable to
the subject property. The CaR's shall include. IIIOng others.
provisions for the:
a. Formation of a home owner's association (HOA)..
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Resolution No. 16903
Page 7
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HOA responsibilities to ..intain all private driveways,
cOImOn areas and drainage systems.
c. Prohibition of television antennas, tarage conversions,
parking outside of designated areas, parking of
recreational vehicles and boat trailers.
b.
d. Inclusion of the City of Chula Yista nailed as a party to
said Declaration authorizing the City to enforce the
tenus and conditions of the Declaration in the same
..nner as any owner .nthin the subdivision.
DDen SDlce.
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5. .
Construct a wall along the length of the projects' frontage
with Eastlake Parkway, South Greensview Drive and Clubhouse
Drive. Said wall shall be located within the open space lot.
The design and location of said wall is subject to review and
approval of the Director of Planning.
Include any open space lot in the EastLake II COlllllunity
Association ~intenance responsibility area.
Make an offer of dedication in fee to the City of all open
space lots for potential incorporation into EastLak~
Maintenance District No.1.
Submit plans showing the design and location of a project
identification sign to the Director of Planning for review and
approval. The identification sign shall contain the name of
the complex and a location ..p, shall be internally lit and
not exceed the ~ximum dillensions as authorized in Chapter
19.60 of the Municipal Code. The sign shall be placed
prominently at the entrance. The design and ..terials shall
be complementary to and coapatible with the approved
architectural design of the project.
Submit a phasing plan to the Planning Departlll!nt prior to
first final ..p afProval. Said thasing pla" is subject to
approval by the C ty Engineer an the Director of Planning.
The phasing plan shall consist of:
a. A site plan showing on it the lot lines and nUllbers, the
phase lines and nulbers, nUllber of dwelling units in
.ach phase, n..-ber of covered and open parking spaces in
.ach fhase, and public and private i~roYelll!nts to be
insta led for each phase. The site plan for each phase
shall show parking and other i~rovelll!nts in sufficient
numbers to serve that phase. The recreation lot shall
be included in and constructed with the first phase. .........
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Resolution No. 16903
Page 8
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~. A table showing the phase nUMber, the lots included in
the phase, the nUllber of units in each phase, the nulllber
of of en and covered parking spaces in each phase, the
CUIIU at he parking and the required parking for each
phase.
10. Submit a coaprehensive landscape plan for review and approval
of the City Landscape Architect prior to approval of the first
Final Map. Submit coaprehenshe, detailed landscape and
irrigation plans, erosion control plans and detailed water
..nagement guidelines for all landscape irrigation in
accordance with the Chula Vista Landscape Manual for the
associated landscaping in each Final Map. The landscaping
format within the project shall be in substantial conformance
with Section 6.4 (General Landscape Concept) of the EastLake
Greens SPA.
Streets.
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11. Design and construct all streets to ~et the City standards
for private streets, or as approved by the City Engineer.
Subm,t improvement plans for prior approval by the City
Engineer detailing the horizontal and vertical alignment of
the center line of said streets.
12. Instill decorative concrete paving, signing or other
improvements required by the City Engineer to identify the
boundary between the public and private roadway at the
, entrance to the proposed development on South Greensview
Drive. Decorathe paving shall be located entirely within
private property.
13. Design and construct an entrance to the proposed development
which is a minimum 73 ft. wide, curb-to-curb, to the
satisfaction of the City Engineer.
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Water and Sewers.
14. Guarantee and construct public sewers as shown on the
tentathe IlIp.
15.
Grant on the final ..p access and ..intenance eas~nts for
all sewer facilities.
As successor in interest to EastLake, CClIlply with the
Telegraph Canyon Basin Sewer Monitoring and Gravity Basin
Usage Agreement approved ~y Resolution 15449, and pay
applicable basin fees as ..y be adopted by City Council as
provided in slid agre~nt.
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Resolution No. 16903
Page 9
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17.
Loop the water systetll out of the project site to ElStLake""""
Parkway or Clubhouse Drive IS required by the Otay Water '
District in their letter of August 13, 1992, or IS otherwise
directed by Otay Water District.
GradinG an4 DrainaGe.
18. Submit In erosion Ind sedi~ntation control plan IS part of
Iny grading plans.
Aareements. Enter into CI) suppl~ntal subdivision Igre~nt(s) to:
19. Hold the City haT'llless frolll Iny liability for erosion,
siltation, or increased flow of drainage resulting from this
project.
20. Permit all franchised ~ab1e television companies C.Cable
Company.) equal opportunity to place conduit and provide cable
television service to each lot within the subdivision.
However, developer shall restrict Iccess to the conduit to
only those franchised cable television cOlpanies who Ire and
remain in compliance with all of the tenas Ind conditions of
the franchise Ind which Ire in further compliance with all
other rules, regulations, ordinlnces Ind procedures regulating
Ind affecting the operation of cable television companies as
same illY have been, or ..y from ti~ to ti~ be issued by the___
City of Chula Vista. '
21. Defend, indemnify Ind hold hanDless the City I,id its agents,
officers Ind employees frolll Iny cllim, Iction or proceeding
Igainst the City, or its Igents, officers or employees to
attack, set aside, void or Innul Iny Ipproval by the City,
including approval by its Planning Commission, City Councilor
any approval by its agents, officers, or eIIIployees with regard
to this subdivision; on the condition that the City promptly
notify the subdivider of any claim, Iction or proceeding; and
on the further condition that the City fully cooperates in the
defense.
22. Authorize the City to withhold building penaits for any
unitCs) in the subject subdivision if Iny one of the following
occur:
I. Regional develo~nt threshold li.its set by the East
Chula Vista Trlnsportation Phlsing Plln have been
reached.
b. Traffic Yol~s, levels of service, public utilities
Ind/or services exceed the adopted City threshold
standards.
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Resolution No. 16903
Page 10
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23. Prepare a disclosure fol'1ll to' be signed by the hOlle buyer
acknowledging that additional fees have been paid i"to the
Assess~nt District or the Transportation DIF Funds, and that
these additional fees are reflected in the purchase price of
the hOlle. The fol'1ll shall be approved by the City Engineer.
f'isce11.nt!ous.
Pay additional fees on a fair-share basis into the Asses~nt
District Numbers 85-2, 90-3 and 91-1 Funds due to the
additional units approved subsequent to District fo~tion.
Pay all costs associated with reapportiOnlent of assess~nts
for Assessllent District NUlIbers 85-2, go-3 and 11-1 as a
result of subdivision of lands within the project boundary.
Request reapportionment and provide a deposit to the City
estimated at $40/unit/district to cover costs prior to
approval of a final up for any unit'. '
26. Tie the boundary of the subdivision to the California
Coordinate System - Zone VI (NAD 1983) or as determined by the
City Engineer.
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27. Comply with all relevant Federal, State and local regulations,
includinQ the Clean Water Act the National Pollutant Discharge
Eli.inatlon System (NPDES). The developer shall be
responsible for providing documentation to demonstrate said
compliance as required by the City Engineer.
Provide the City with the Final Map in a digital format such
as (DXF) graphic file. This Computer Aided Design (CAD) copy
of the Final Map shall be based on accurate coordinate
geometry calculations and shall be su~itted in duplicate on
5-1/2" HD floppy disk prior to Final Map approval.
titv Code Reauirements.
29. Comply with all applicable sections of the Chula Vista
Municipal Code. Preparation of the Final Map and all plans
shall be in accordance with the provisions of the Subdivision
Map Act and the City of Chula Vista Subdivision Ordinance and
Subdivision Manual.
Underground all utilities within the subdivision in accordance
with Municipal Code requirtllents.
Provide some lots with residential fire sprinkler syst..s due
to access requirtllents as dete1"llined by the Fire Marshal.
COIlIJlly with Title 24 and any other energy conservation
ordinances and policies in effect at the tille construction
occurs on the property in confo~nce with this Tentative Map.
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30.
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Resolution No. 16903
Plge 11
fliling Iny of which conditions. or fliling the continued ~
~intenlnce of slme IS the condition ~y require. this conditio'll '
IpprovIl Ind Iny entitlelent Iccruing hereunder. shill. following I
public helring by the City Council It which the Appliclnt or his
successor in interest is given notice Ind the opportunity to Ippelr
Ind be helrd with reglrd thereto. be tenlinlted or ~dified by the
City Council.
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SECTION 8.
CEQA Findings.
Jhe, City Council hereby finds that the Project. IS I liter Ictivity
to that evaluated in the Program EIR 81-03. FSEIR 86-04. Ind the
Negative Declaration for IS-92-04 would have no new effects that
were not examined in the preceding docuents (Guideline 15168
(c)(l)) .
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b.
c.
Re-adoption of Findings - The Council does hereby re-approve.
accept as its own, and re-incorporate IS if set forth full
herein, and ..ke each and everyone of the CEQA Findings as
found in the Program EIR 81-03, FSEIR 86-04, Ind the Negative
Declaration for 15-92-04.
Feasibility of Alternatives - As is 1150 noted in the
environental docuents referenced in the innediately
preceding paragraph, alternatives to the Project which were
identified as potentially feasible are hereby found not to be~
feasible.
Adoption of Mitigation Monitoring Program - As required by the
Public Resources Code Section 21081.6. City Council hereby re-
adopts the Mitigation Monitoring Ind Reporting Program
("Program") incorporated herein by reference IS if set forth
in full. The City Council finds that the Program is designed
to ensure that during the project implelllt!ntation Ind opera-
tion, the Applicant and other responsible parties implement
the project components Ind comply with the feasible mitigation
..asures identified in the Findings Ind in the Program.
Stateent of Overriding Considerations - Even Ifter the re-
Idoption of III feasible .itigation ..asures, certain
significant or potentillly significant enviro~ntal Iffects
caused by the project or cu.ulattvely wi 11 nuin. Therefore,
the City Council of the City of Chula Vista re-tssues,
pursuant to CEQA Guidelines Section 15093, a Stltellent of
Overriding Considerltions identifying the specific economic,
social, Ind other considerations thlt render the unavoidable
significant adverse enviro~ntal effects still significant
but acceptable.
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Resolution No. 16903
Plge 12
erlON 9. Notice of DeteMlindion.
City Council directs the Environlentll Review Coordinltor to post I
Notice of Detenainltion and file the sa~ with the County Clerk.
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Robert A. Leiter
Director of Pllnning
Bruce M. Boogllrd
City Attorney
Presented by
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Resolution No. 16903
Page 13
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 24th day of November, 1992, by the following vote: ~
YES: Councilllembers: Horton, Malcol., Moore
NOES: Councilllembers: Nader
ABSENT: Council.embers: Rindone
ABSTAIN: Councilllembers: None
<~~~
David L. Malcolm
Mayor, Pro-Tempore
ATTEST:
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Beverly A. Authelet, City Clerk
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STATE OF CALIFORNIA ~
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16903 was duly passed, approved,
and adopted by the City Council held on the 24th day of November, 1992.
ss.
Executed this 24th day of November, 1992.
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Minutes
November 24,1992
Page 9
A. ORDINANCE 2536 AMENDING nm ZONING MAP OR MAPS ESTABUSHED BY SEcnON
19.18.010 OF nm MUNlCPAL CODE REZONING 2.23 ACRES LOCATED AT nm NORTIiEAST QUADRANT
OF 1-805 AND BONITA ROAD TO C-C {first reaclin2l
B. RFSOIlmON 16901 AMENDING nm GENERAL PLAN AND ADOPTING A SPEaPlC PLAN
KNOWN AS BONITA GATEWAY GOVERNING nm DEVELOPMENT OF 2.23 ACRES AT nm NORTIiEAST
QUADRAN!" OF BONITA ROAD AND 1-805
>>. -- PUBUC HEARING CONSIDERING TENTA11VE SUBDMSlON MAPS fOR CiAMPIONSHIP
a.ASSlCS I, 0iULA VISTA TRACT PCS-92.(l3, AND CiAMPIONSHIP Q.ASSlCS n, 0iULA VISTA TRACT
PCS-9244 . PARCEL R.24/R.25 LIMITED PARTNERSHIP - The applications are for the subdivision of 5.1
acres of land located at the southeast quadrant of EastLake Parkway and Greensview Drive into sixteen lots
and the subdivision of 7.9 acres of land located at the southeast quadrant of EastLake Parkway and
Clubhouse Drive into nineteen lots. Staff recommends approval of the resolutions. (Director of Planning)
Robert Leiter, Director of Planning, informed Council that Item 12 on the Consent Calendar was a
prerequisite for the public hearing and recommended they be heard concurrently.
Mayor Nader questioned whether EastLake Greens was given credit for the golf course.
Mr. Leiter responded that the overall density was calculated to include the golf course area. The tentative
maps were resubdivisions of property that was earlier zoned as part of EastLake Greens subdivision. There
had been no further subdivision of the parcels. Action taken last May allowed additional density transfers
to the parcels and the overall density was still within the mid-point density for the EastLake Greens project.
This being the time and place as advertised, the public heanng was declared open.
David Gutierrez, 209 Del Mar, Suite 204, San Diego, CA, representing Cottage Development, stated he was
in support of the staff recommendation.
.
Bill Ostrum, representing EastLake Development, stated the concerns of surrounding residents were with the
product design. The residents had been contacted and plans were offered for review with all residents
declining such review.
There being no further public testimony, the public hearing was declared closed.
RFSOIlmONS 16898, 16902. AND 16903 OFFERED BY COUNCILMAN MALCOLM, reading of the ten was
waived.
Mayor Nader stated he would vote against motion. He had a problem in approving Oveniding
Considerations when there was still a finding that environmental impacts, particularly air quality, would be
impacted. He felt if credit was given for the golf course the course should be open to the public in
perpetuity. He also had a problem in crediting the golf course the same way as public open space.
VOTE ON RFSOIlmON 16898. 16902. AND 16903: Approved 3-1.1 with Nader vwo-l and Rindone
.-...
A. RFSOIlmON 16902 APPROVING nm TENTA11VE SUBDMSlON MAP FOR CHAMPIONSHIP
Q.ASSlCS I, 0iULA VISTA TRACT 92.(l3, MAICING nm NPrP""'~Y PlNDlNGS, AND READOPTING nm
STATEMENI' OF OVERRIDING CONSIDERATIONS AND nm MI11GATION MONITORING PROGRAM
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B. RESOumON 16903 APPROVING niB TENTAllVE SUBDMSlON MAP FOR OiAMPIONSHIP
~CS n, CHUIA VISTA TRACI' 92.()4, MAKING niB NECESSARY FINDINGS, AND READOP11NG niB
STATEMENT OF OVERRIDING CONSIDERAllONS AND niB MI1lGAllON MONIlORING PROGRAM
Minutes
\November 24, 1992
Page 10
ORAL COMMUNlCAllONS
. Phyllis Ann Brooks was not present when called to the dias.
. Carolyn Butler, W Bishop Street, Chula Vista, CA, stated she was opposed to combining the City's
animal shelter with the County facility.
BOARD AND COMMISSION RECOMMENDAllONS
None submitted.
ACllON ITEMS
17. RESOumON 16904 APPROVING COUNCL POUCY REGARDING USEOP OTYVEHICUlS AND
AUrO AUDWANCES . On 6/30/92, Council directed staff to prepare a recommended policy regarding
personal use of City vehicles and guidelines on the types of vehicles purchased for assignment to Executive
Managers. Staff recommends Council approve the resolution, implement the Policy, and direct the Fleet
Manager to prepare a report with recommended guidelines and recommendations. (Administration)
City Attorney Boogaard stated that Councilman Rindone had requested the item be trailed until he was in
attendance.
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18. REPORT ALn:RNAllVE MEll-IODSFOR niB DEIJVER.YOF FlREPROTEC11ON AND
EMERGENCY MEDICAL SERVICES - On 3/17/92, Council directed staff to undertake a comprehensive review
of Fire Department operations, produce a comprehensive report discussing the array of alternatives in the
delivery of fire protection services with an emphasis on emergency medical service, and include input from
all levels of fire service personnel. Staff recommends acceptance of the report. (Fire Chief) .
Don Schofield, President, Chula Vista Fire Fighters, requested that for traffic control the City use the
OptiCom System which was a system used throughout the County.
Mayor Pro Tem Malcolm questioned whether staff had a problem with adding that recommendation to the
report.
Sam Lopez, Fire Chief, responded that it would not be a problem.
Mr. Schofield stated their main concern was with staffmg levels on the engines. They supported the first
report developed by the committee, which had been rejected and felt the safety issue should be addressed.
They also supported a recommendation that a Council workshop be held to review the whole fire service.
Mayor Nader stated cost was a decisive concern and now was not the time for the City to consider the
change to four person engines. His concern with the recommendation was that on the one hand he did not
want to be making a move under the current economic conditions to increase the staffing of the fire engines
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RESOLUTION NO.
/7.5/3
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT REQUIRING
DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED
CONDITIONS OF RESOLUTION NO. 16903 APPROVING A
TENTATIVE SUBDIVISION MAP FOR CHAMPIONSHIP
CLASSICS II, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
WHEREAS, on November 24, 1992, by Resolution No. 16903,
the City Council approved the Tentative Subdivision Map for Chula
vista Tract 92-04, Championship Classics II; and
WHEREAS, certain conditions for the recording of final
maps required by Resolution No. 16903 have not yet occurred at the
time of the adoption of this resolution; and
WHEREAS, the Developer of the subdivision desires to have
the Final Map recorded at this time; and,
WHEREAS, City is willing to allow the recording of the
Final Map at this time upon execution by the Developer upon, among
others, the execution of an agreement ("Supplemental Subdivision
Improvement Agreement") requiring Developer to perform the
unfulfilled conditions of approval at a later time; and,
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the Supplemental
Subdivision Improvement Agreement to Perform Unfulfilled Conditions
of Tentative Subdivision Map approval, known as document number
(to be completed by the City Clerk in the final
document), a copy of which is on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
Bruce M. Boogaard, City
Attorney
c:\rs\ClassII.SIA
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Recording Requested By:
City of Chula vista
WHEN RECORDED RETURN TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attention: City Attorney
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
CHULA VISTA TRACT 92-04
CHAMPIONSHIP CLASSICS II
THIS AGREEMENT ("Agreement") is entered into this of
November, 1993, between PARCEL R-24/R-25 LIMITED PARTNERSHIP, a
California limited partnership ("R-24/R-25") and THE CITY OF CHULA
VISTA, a municipal corporation ("City").
E :g .Q 1. 1: b. 1d 2:
A. R-24/R-25 is the owner and developer of that certain real
property generally described as Lot 3 of Chula Vista Tract No. 88-
3, EastLake Greens Phase 1D, in the City of Chula Vista, County of
San Diego, according to Map thereof No. 12831, filed in the Office
of the County Recorder of San Diego County on June 20, 1991,
("Property"), and commonly known as the Championship Classics II
Project.
B. The City granted R-24/R-25 approval of a tentative
subdivision map for the Property, which subdivides the Property
into seventy-eight (78) condominium units ("Project"), together
with various conditions of approval ("Conditions") pursuant to
Resolution No. 16903 dated November 24, 1992.
C. R-24/R-25 submitted to the City the Final Map ("Map") for
the Property and anticipates that the City Council will approve the
Map on or before July 29, 1994.
D. Items 19 and 21 of the Conditions require, respectively,
R-24/R-25 to (1) hold the City harmless from any liability for
erosion, siltation, or increased flow of drainage resulting from
the Project, and (2) defend, indemnify and hold harmless the City
and its agents, officers, and employees, from any claim, action or
proceeding against the City, or its agents, officers, or employees
to attack, set aside, void or annul any approval by the City,
including approval by its Planning Commission, City Councilor any
approval by its agents, officers, or employees with regard to
development of the Property provided the City promptly notifies R-
11013.018-1161.FCM 121793
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24/R-25 of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
E. Item 20 of the Conditions requires R-24/R-25 to permit
all qualified franchised cable television companies equal
opportunity to place conduit and provide cable television service
to each condominium in the Project.
F. Item 22 of the Conditions requires R-24/R-25 to authorize
the City to withhold building permits for any condominium in the
Project if either of the following occur:
1. Regional development threshold l-imits set by the
East Chula Vista Transportation Phasing Plan are
reached, or;
2.
Traffic volumes, levels of
utilities and/or services exceed
threshold standards.
service, public
the adopted City
G. R-24/R-25 and the City desire to enter into this
Agreement to comply with and satisfy the requirements of Conditions
19 through 22.
NOW, THEREFORE, in consideration of the foregoing Recital, and
the terms and conditions set forth herein, R-24/R-25 and the City
acknowledge the following:
1. Unoerformed Conditions of Aooroval.
agrees to comply with all the Conditions of the
subdivision map which remain unperformed at the time of
of the Map, including Conditions ~, 8, 16, 29, 30, 31,
specifically Condition 3, which reads as follows:
R-24/R-25
tentative
the filing
and 32 and
"3.
accordance with
but not limited
Pay fees applicable to the project, in
the City Code and Council Policy, including
to:
a. The Public Facilities Development Impact
Fees.
b. The Eastern Chula Vista Transportation
Development Impact Fees (DIF). A portion of the
Transportation DIF is funded through Assessment District
90-3. The balance due to increased density is payable.
c. Signal Participation Fees.
d. All applicable Sewer fees, including but
not limited to sewer connection fees.
11013.01B-1161.FCM 121193
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Pay the amount of said fees in affect at the time of
issuance of building permits. [R-24/R-25] is advised
that fees periodically change, and that it is [R-24/R-
25' s] responsibility to contact the appropriate City
department or government agency to ascertain the amount
of a given fee due at the time of collection."
The parties agree that the failure to meet such conditions shall
not constitute a basis for the City to deny recordation of the Map,
or relief R-24/R-25 from performing such conditions in a diligent
and timely manner.
2. Indemnities - Conditions 19 and 21. In compliance
with items 19 and 21 of the Conditions, R-24/R-25, on behalf of
itself and its successors and assigns, hereby agrees to (1)
indemnify, defend, and hold the City harmless from any liability
due to erosion, siltation or increased flow of drainage resulting
from construction of the improvements associated with the final
maps for the Property, and (2) defend, indemnify and hold harmless
the City and its agents, officers, and employees, from any claim,
action or proceeding against the City, or its agents, officers, or
employees to attack, set aside, void or annul any approval by the
City, including approval by its Planning Commission, City Council
or any approval by its agents, officers, or employees with regard
to the Project provided the City promptly notifies R-24/R-25 or its
successors of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
The City hereby agrees and acknowledges that execution of this
Agreement satisfies Conditions 19 and 21 for the Project.
3. Cable Television Condition 20. Pursuant to
Condition 20, R-24/R-25 agrees to permit all qualified cable
television companies franchised by the City equal opportunity to
place conduit to and provide cable television service for each
condominium in the Project. Notwithstanding the foregoing, R-24/R-
25 shall restrict access to the conduit to only those franchised
cable television companies who are and remain in compliance with
all of the terms and conditions of the franchise and which are in
further compliance with all other rules, regulations, ordinances
and procedures regulating and affecting the operation of cable
television companies as same may have been, or may from time to
time be issued by the City.
The City hereby agrees and acknowledges that execution of this
Agreement satisfies Condition 20 for the Project.
11013.018-1161.FCM 121793
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4. Buildino Permits - Condition 22.
grants the City the right to withhold building
improvements on the Property at such time as
following occur:
a. The public facilities monitoring program, as
provided for in the EastLake I Public Facilities Financing Plan
(UPFFpu) for the Project, indicates that required facilities as
identified in the PFFP or any revisions thereto have not been
provided, as reasonable determined by the City Engineer and/or
Director of Planning.
R-24/R-25 hereby
permits for any
anyone of the
b. Traffic volumes, levels of service, utilities
and/or services exceed the adopted City threshold standards for
those public streets directly impacted by the Project.
The City hereby agrees and acknowledges that execution of this
Agreement satisfies Condition 22 for the Project.
5. Miscellaneous.
5.1 Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or permitted by
this Agreement or by law to be served on or delivered to 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, then three (3) business
days have elapsed following deposit in the U.S. mail, certified or
registered main, return receipt requested, first-class postage
prepaid, addressed to the address indicated below:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Engineering Department
PARCEL R-24/R-25 LIMITED PARTNERSHIP
c/o Cottage Development
209 Avenida Del Mar, Suite 204
San Clemente, CA 92067
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.
5.2 Caotions. Captions in this Agreement are
inserted for convenience of reference and do not define, describe
or limit the scope or intent of this Agreement or any of its terms.
5.3 Entire Aoreement. This Agreement contains the
entire agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
11013.018-1161.FCM 121793
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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.
5.4 Preparation of Aqreement. No interference,
assumption or presumption shall be drawn from the fact that a party
or his attorney prepared and/or drafted this Agreement. It shall
be conclusively presumed that both parties participated equally in
the preparation and/or drafting of this Agreement.
5.5 Recitals. Any recitals set forth above are
incorporated by reference into this Agreement.
5.6 Attornev's Fees. In the event of any dispute
arising out of this Agreement, the prevailing party in any action
shall be entitled to reasonable attorney's fees in addition to any
other costs, damages, or remedies fixed by the court.
5.7 Inurement. This Agreement shall be binding
upon and insure 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. 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.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be effective as of the day and year first hereinabove
set forth.
Dated:
, 1993
THE CITY OF CHULA VISTA,
a California municipal
corporation
By:
Tim Nader, Mayor
Dated:
, 1993
PARCEL R-24/R-25 LIMITED
PARTNERSHIP, a California
limited Partnership
~~
By: ~
Maurice Yang
Approved as to form by:
CITY ATTORNEY
11013.018-1161.FCM 121793
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ally known to me (or proved
instrument and acknowledged to me that he/shetthey executed the same in hislher!their authorized capacity(ies),
person(s) acted, executed the instrument.
and that by hisJher/their signature(s) on the instrument the person(s) or the entity upon behalf of which the
(This area for official notarial seal)
).2~ --7
RESOLUTION NO. ) 751 i
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 92-04, CHAMPIONSHIP CLASSICS II,
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA
THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, REJECTING ON BEHALF OF THE CITY
OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON
SAID MAP WITHIN SAID SUBDIVISION, AND
APPROVING SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista hereby finds that that certain map survey
entitled Chula vista Tract 92-04 CHAMPIONSHIP CLASSICS II, and more
particularly described as follows:
Being a subdivision of Lot 3 of Chula vista
Tract 8-3, EastLake Greens, Phase I D, in the
ci ty of Chula Vista, county of San Diego,
State of California, according to Map thereof
No. 12831 filed in the office of the County
Recorder of San Diego, June 20, 1991.
Area: 7.935 acres
Numbered Lots: 10
Number of units: 78
No. of Lots: 19
Lettered Lots: 9
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 Lot I is hereby dedicated for
Open Space, public utilities and other public uses.
BE IT FURTHER RESOLVED said Council hereby accepts on
behalf of the City of Chula vista the easements with the right of
ingress and egress for the construction and maintenance of sewer
within Lots 4 and "I", street tree planting and maintenance, a
general utility easement along Lot H and general access easements
within Lots A, B, C, D, E, F and G, inclusive, 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 aid lot is dedicated for
1
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Open Space and other public uses, and that those certain easements
with the right of ingress and egress for the construction and
maintenance of sewer, street tree planting, general utility, and
general access, 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 for the
completion of improvements in said subdivision, a copy of which is
on file in the office of the City Clerk as document number
(to be completed by the city Clerk in the final document).
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
John P. Lippitt, Director of
Public Works
Bruce M. Boogaard, City
Attorney
C:\~8\ClaS8Il.f.p
2
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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
PARCEL R-24/R-25 liMITED PARTNERSHIP, a California limited Partnership
hereinafter called "Subdivider";
W~:rHE~SETH.i.
WHEREAS, Subdivider is about to present to the city Council of
the city of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as
Chula Vista Tract 92-04, Championship Classics II
pursuant to the provisions of the Subdivision Map Act of the State
of California, and in compliance with the provisions of Title 18 of
the Chula Vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
. have either installed and completed all of the public improvements
. and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose .of recording in the Office of the County
Recorder of San Diego County, or, as an 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
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
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,
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. 16903 ,approved on the 24th day of
November , 192L-("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the city Engineer, as
shown on Drawings Nos. 93-661 and 93-669 ,
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
Three Hundred Six Thousand Eight Hundred Dollars and no/l00ths ($306.800.001
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.
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
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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 laws of the state of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of One Hundred Fifty-Three Thousand Four Hundred and no/100ths Dollars
($153,400.00).
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 Fifty-Three Thousand Four Hundred and no/100ths Dollars
($153,400.00)
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, l8n(x~~X~Xlltltllxxacx~lM~X
~lWhoBIBC~lOY'lb&S<~~Illj"C~~JC?9'<J!l\X~H.~X8tul1
lCXD< a cash bond in the amount of Five Hundred Dollars ($500.00)
copy of siad check is attached
to secure the installation of monuments, which ~lb;;xa~~all:lt51l
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
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city, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
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 imprClvement
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
-4- )j.,e"~ '
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 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.
I
,
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THE CITY OF CHULA VISTA
ATTEST
SUBDIVIDER: PARCEL R-24/R-25
LIMITED PARTNERSHIP, a California Limited
Partnership
By: Chanco Development Corporation - East
Highlands, a Delaware Corporation,
~ral Partner
.c ~~ ___
Maurice Van, i~President
Mayor of the City of Chula
vista
city Clerk
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
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STATE OF CALIFORN
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instrument and acknowledged to me that he/she/they executed the same in his/her/lheir authorized capacity(ies),
and that by his/her/lheir signature(s) on the instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
y hand and official
/.20"Y
o ICIAL SEAL
M. WEN WELCH
1lIIIM'/ PIIlUC .COlFCRM
_ClIUNIY
____13.1114
(This area for official notarial seal)
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
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Form: Bond
Amount: $153,400.00
Exhibit "B"
Improvement Security - Material and Labor:
~~1-'f>
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~O~
Form: Bond
Amount: $153,400.00
Exhibit "c"
Improvement Security - Monuments:
Form: Check
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Amount: $500.00
Securities approved as to form and amount by
city Attorney
Improvement Completion Date: December 31, 1994
C:\q:\lUbclivia
-6- /tlO'" ?_
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COUNCIL AGENDA STATEMENT
SUBMITTED BY:
I. 1?.5'/~ .
Reso utlOn Acceptmg bids and awarding contract for
Lauderbach Park and Paseo del Rey Park play area renovation in the City
of Chula Vista, California (PR-146) and appropriating funds therefore
Director of Public Works ~ft,fjYt!
Director of Parks and Re~~n
City Manager 1(; J; ';!
Item I 3
Meeting Date 6/7/94
ITEM TITLE:
REVIEWED BY:
(4/5ths Vote: Yes X No~
At 2:00 p.m. on May 18, 1993 in Conference Room 2 and 3 in the Public Services Building,
the Director of Public Works received sealed bids for "Lauderbach Park and Paseo del Rey
Park Play Area Renovation in the City of Chula Vista, California (PR-146)". The work
includes site preparation with selective demolition, clearing, grubbing, excavation and grading,
installation of play structures, importing sand, constructing various types of curbing, 4-inch
PCC sidewalk, cast in place resilient surface, miscellaneous landscape and irrigation repair,
construction surveying, and other miscellaneous work shown on the plans.
RECOMMENDATION: That Council I) reappropriate $50,995.06 from CIP Playground
Renovation Phase II to Play Equipment Various Locations (PR-146). 2) accept bids and award
contract Castillo Inc., in the amount of $127,918.
BOARDS/COMMISSIONS RECOMMENDATION: The Park and Recreation Commission
has reviewed and supported the FY 1993/94 Capital Improvement Program.
DISCUSSION:
BACKGROUND
This is the second time this project has been bid. On November 23, 1993, Council awarded
the contract to Zasueta Contracting Co. for the renovation of the Lauderbach and Paseo del Rey
park areas. The contractor was unable to submit insurance which met the City's specifications
and as a result could not enter into the contract. Zasueta Contracting Co. requested that we
rescind the award of the bid and return his bid bond. The City Council by Resolution 17459
on April 12, 1994 approved a resolution rescinding the award of the contract to Zasueta
Contracting Co. for Lauderbach and Paseo del Rey Park Play Area Renovations, returned the
bid bond and authorized staff to readvertise for bids.
J:J ..../
Page 2, Item } j
Meeting Date 6/7/94
Bids for construction of the project were received from four contractors as follows:
CONTRACTORS
1. Castillo, Inc. - Escondido
2. Court Concepts - Santee
3. Carolyn E. Scheidel - Contractor - La
Mesa
4. Adams Builders, Inc. - Chula Vista
BID AMOUNT
$127,918.00
128,919.34
136,722.50
145,890.00
The low bid by Castillo, Inc. is below the engineer's estimate of $130,068 by $2,150, or 1.6%.
In reviewing the bids, Staff has completed a reference check on the contractor and has found
his work to be satisfactory and believes the low bid received by Castillo, Inc. is satisfactory
for the work to be performed.
PREVAILING AND WAGE STATEMENT
The funding for this project includes State Grant funds which requires utilization of the
prevailing wage scales as determined by the Director of Industrial Relations, State of
California. Prevailing wages are reflected in the bid amount.
DBE
No special minority or women-owned business requirements were necessary as part of the bid
documents. However, through advertising, minority business owners were encouraged to
participate. The recommended contractor is not a minority contractor.
ENVIRONMENTAL STATUS
A notice of exemption was approved for this project on April 30, 1993. The City's
Environmental Review Coordinator has reviewed the work involved in this project and has
determined that the project is exempt under Section 15.302 Class 2 of the California
Environmental Quality Act (replacement or construction).
DISCLOSURE STATEMENT
A copy of the contractor's disclosure statement is attached.
FISCAL IMPACT: $152,000 in funds previously appropriated via the CIP for playground
renovations will be utilized. The transfer of funds from Phase II (PRI83) to Phase I (PRI46)
will result in the deferral of some of the renovation scheduled for Phase II to future phases.
/J-.2
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount
B. Contingencies (approximately 10%)
C. Staff Cost (design and inspection)
TOTAL FUNDS REQUIRED FOR CONSTRUCTION
FUNDS AVAILABLE FOR CONSTRUCTION
Page 3, ItemJ.:[
Meeting Date 617194
$127,918.00
12,082.00
12.000.00
$152,000.00
A. Play Equipment - Various Locations (State Grant
funds) - PR-146
B. Reappropriation from Playground Renovation -
Phase II - PR-183 (600-6004)
C. Play Equipment - Various Locations (Development
Deposits)
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION
$77,254.94
50,995.06
23.750.00
$152,000.00
SHlFile No.: JR-070
WPC M:\home'engineer\agenda\1961.94
Attachments: Contractor's Disclosure StatementNOTSCANNED
Locator Plats
13'J /13-Jf
RESOLUTION NO. )? .51.5'"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BID AND AWARDING
CONTRACT FOR LAUDERBACH PARK AND PASEO DEL REY
PARK PLAY AREA RENOVATION IN THE CITY OF CHULA
VISTA, CALIFORNIA (PR-146) AND REAPPROPRIATING
FUNDS THEREFOR
WHEREAS, at 2:00 p.m. on May 18, 1993 in Conference Room
2 and 3 in the Public Services Building, the Director of Public
Works received the following four sealed bids for "Lauderbach Park
and Paseo del Rey Park Play Area Renovation in the city of Chula
Vista, California (PR-146)":
CONTRACTORS
BID AMOUNT
castillo, Inc. - Escondido
Court Concepts - Santee
Carolyn E. Scheidel-Contractor - La
Adams Builders, Inc. - Chula vista
$127,918.00
128,919.34
Mesa 136,722.50
145,890.00
WHEREAS, the low bid by Castillo, Inc. is below the
engineer's estimate of $130,068 by $2,150, or 1.6% and in reviewing
the bids, staff believes the low bid received by castillo, Inc. is
satisfactory for the work to be performed and that rebidding the
project would most likely not result in a lower bid; and
WHEREAS, the funding for this project includes State
Grant funds with prevailing wage scales being those determined by
the Director of Industrial Relations, State of California and are
required when State funds are used; and
WHEREAS, no special minority or women-owned business
requirements were necessary as part of the bid documents, however,
by advertising, minority business owners were encouraged to
participate although the recommended contractor is not a minority
contractor; and
WHEREAS, a notice of exemption was approved for this
project on April 30, 1993 and the City's Environmental Review
Coordinator has reviewed the work involved in this project and has
determined that the project is exempt under Section 15.302 Class 2
of the California Environmental Quality Act (replacement or
construction) .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
1
JJ,f
section 1. That the city council concurs in the
determination that this project is exempt under Class 2, section
15.302 of the California Environmental Quality Act (replacement or
construction) .
Section 2. That the City Council does hereby accept the
bid of castillo, Inc. as responsive.
section 3. The City Council awards the contract for
Lauderbach Park and Paseo del Rey Park play area renovation in the
City of Chula vista, California (PR-146) to Castillo, Inc. in the
amount of $127,918, the lowest responsible bidder which submitted
a responsive bid to the approved specifications.
section 4. 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.
Section 5. The city Council does hereby reappropriate
$50,995.06 from CIP Playground Renovation Phase II (PR-183) to Play
Equipment Various Locations (PR-146).
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
Bruce M. Boogaard, City
Attorney
C:\rs\laudPark.bid
2
J:J-t. /13-1
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THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
,
You are required to me a Statement of Disclosure of certain ownersbip or financial interests, payments, or campaign
contributions, on all matters wbicb will require discretionary action on tbe part of tbe City Council, Planning Commission,
and all other official bodies. Tbe following information must be disclosed:
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1. Ust the names of all persons baving a financial interest in tbe property whicb is tbe subject of the application or
the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
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2. If any person' identified pursuant to (1) above is a corporation or partnersbip, list tbe names of all individuals
owning more than 10% of tbe sbares in tbe corporation or owning any partnersbip interest in tbe partnersbip.
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3. If any person' identified pursuant to (I) above is non-profit organization or a trust, list the names of any person
serving as director of tbe non-profit organization or as trustee or beneficiary or trustor of the trust.
-
4.
Have you, bad more tban $250" wortb of business transacted witb any member of tbe City jtaff, Boards,
Commissions, Committees, and Council witllin tbe past twelve montbs? Yes_ No-=::::,"If yes, please indicate
person(s):
s.
Please identify eacb and every person, including any agents, employees, consultants, or independent contractors
wbo you bave assigned to represent you before tbe City in tbis malter.
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6.
Have you and/or your officers or agents, in tbe aggregate, c,pntributed more tban $1,000 to a Council member in
the current or preceding election period? Yes_ NoL If yes, state wbicb Council member(s):
* * * (NOTE:
'i(1 f/ 94-
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Si ature of contractor/applicant
Date:
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and any other county. city and count",. dty muniripGlity. district. M odlel' political sulnlMsion. or Gny other 8"1"P Of' combination ottin8 G$ a unit..
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COUNCIL AGENDA STATEMENT
Item
/1
Meeting Date 617/94
ITEM TITLE:
Report: Implementation of the Endangered Species Act Special Rule 4( d)
for the Interim Habitat Los~. ~proval Process
Director of Planning ~L.
/.: t 11
City Manager ;}0 f 1/
(4/5ths Vote: Yes_No.1LJ
SUBMITTED BY:
REVffiWED BY:
Last year the Federal Department of the Interior adopted the Special 4( d) rule regulating the
habitat "take" of the California Gnatcatcher. This Special Rule links protection of the bird to
the California Natural Community Conservation Planning (NCCP) process. Prior to the
preparation of an overall NCCP plan, the process allows the "take" of up to 5% of Coastal Sage
Scrub (CSS), which is the habitat for the Gnatcatcher. During the past several months City staff
has been working with staffs from throughout the region to develop a process to allow local
agencies to implement this "take" process. The following report provides further information
regarding implementation of the 4(d) rule by the City including the issues associated with the
City adopting a local "4(d) rule" ordinance.
RECOMMENDATION:
That the City Council direct staff to work toward resolving the issues identified in the staff
report, including working with the U. S. Fish and Wildlife Service, California Department of
Fish and Game, and County of San Diego to revise the jurisdictional allocation formula for
interim take for Chula Vista, based on General Plan area or other acceptable method; and direct
City Staff, after resolving the issues, to draft an ordinance for implementation of the SpeciaI4(d)
rule at the local level.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
On March 25, 1993, the Federal government listed the California gnatcatcher as a threatened
species under the Endangered Species Act (ESA). Typically, any "take" (harm or harassment)
of listed species is strictly regulated by the U.S. Fish and Wildlife Service (USFWS), through
ESA Section 7 or 10(a) permits. A Section 10(a) permit is issued by the Service for a "take"
on private property when there is no substantial Federal involvement (Le. a Federal permit).
If' /
Page 2, Item J l'
Meeting Date 6/7/94
Section 7 is a consultation process with the Service for Federal projects or private projects that
require other Federal permits such as a 404 permit which is issued by the Army Corps of
Engineers for alteration of watercourses. In the case of the California gnatcatcher, the USFWS
signed a unique Memorandum of Understanding with the State of California Department of Fish
and Game (CDFG) to cooperatively develop conservation strategies for long-term protection of
coastal sage scrub (CSS), which is the habitat for the gnatcatcher and other sensitive species.
The State's Natural Communities Conservation Planning (NCCP) Act, passed in 1991, and its
ensuing NCCP program, have outlined habitat conservation strategies in two sets of guidelines:
NCCP Conservation Guidelines, and NCCP Process Guidelines, both finalized in November,
1993.
On May 2, 1992 the City of City Chula Vista emolled in the NCCP. By emolling in the NCCP,
the City agreed to join in the collaborative planning process to conserve long-term viable
populations of the State's native animal and plant species by providing interconnected open space
areas while allowing compatible and appropriate development and growth. On August 24, 1993
Resolution Number 17229 was adopted by the City Council, approving the Resolution of
Intention (RO!) to participate in the San Diego Multiple Species Conservation Program (MSCP)
Plan. The RO! confirmed Chula Vista's continued participation in the MSCP and the future
conservation planning efforts for the California Gnatcatcher and other potentially threatened and
endangered species.
The implementation of the Endangered Species Act and the NCCP is a two step process. The
first step is the interim protection of CSS habitat through the Special 4( d) rule and the second
step is the adoption of the permanent conservation plan (MSCP). The MSCP is the functional
equivalent of the NCCP. By the previous actions taken by the City to emoll in the NCCP and
adoption of the RO!, we are part of the regional habitat conservation planning process and staff
is working actively toward its adoption.
On December 10, 1993, the USFWS formalized its relationship with the State's NCCP effort
by publishing the final Endangered Species Act Section 4(d) special rule, effective on that date.
The 4( d) rule allows local jurisdictions to approve "incidental take" of gnatcatcher habitat up to
a cumulative 5 percent loss of CSS during the period of time that subregions of southern
California are preparing conservation plans consistent with the NCCP program. Individual
project CSS loss is only permitted if a mitigation plan is approved.
The interim loss allowed through the 4(d) process can be approved only through procedures
outlined in the NCCP Conservation and Process Guidelines. These procedures are intended to
be integrated into the normal local land use process. Among other requirements, the NCCP
guidelines contain several findings that must be made by the City in granting the "interim loss
permit. "
/'1-.2
Page 3, Item /1
Meeting Date 6/7/94
It should be noted that without a jurisdiction adopting a specia14(d) rule process, incidental take
of listed species must be considered through ESA Section 1O(a) on a case-by-case basis by the
USFWS, in a sometimes multiple-year process involving the preparation of Habitat Conservation
Plans by individual applicants. If there is a federal nexus, such as granting of another Federal
permit (i.e. Section 404 permit), Section 7 can be used. These processes remain available to
applicants who do not elect to use the 4( d) or in the case of a jurisdiction that does not adopt a
4(d) rule.
Coastal Sage Scrub Habitat in Chula Vista
The region of San Diego, which encompasses San Diego County, has a total of 227,437 acres
of Coastal Sage Scrub (CSS). Within the corporate boundaries of Chula Vista there are 2,143
acres of CSS. The 4(d) Rule allows for an interim "take" of 5% of the habitat. The interim
period will end with adoption of the NCCP which is anticipated to take at least 18 to 24 months.
Staff has met with the City's large landowners and the Special Districts that are within our
General Plan area. Based on the information they provided as to their needs in the next two to
three years, it is anticipated that approximately 300 to 350 acres of "take" may be needed during
the interim period to accommodate projects within the City, as well as approximately 100
additional acres for projects outside the City but within our General Plan area. In addition,
Baldwin has indicated an anticipated interim take of less than 500 acres within the Salt Creek
Ranch and Otay Ranch projects. By way of comparison, if the City's interim take allocation
were limited to 5 % of the existing CSS habitat within the City, the total allowable take would
be approximately 107 acres. Attached is a summary of the anticipated projects and their planned
"take" of CSS habitat.
Should Chula Vista Implement the 4(d) Rule?
The following discussion addresses the positive and negative aspects of the City assuming the
responsibilities set forth in the NCCP Process and Conservation Guidelines, specifically,
adoption and implementation of the 4(d) rule at the local level. There are several issues that
must be addressed in determining if Chula Vista should implement a local 4(d) rule. The
advantages and disadvantages are detailed below,
ADVANTAGES TO ADOPTING AND IMPLEMENTING A LOCAL 4(d) RULE
1. Local Control of Land Use Decisions.
Implementation of the 4(d) rule would allow the City to approve "incidental take" of the
gnatcatcher up to a cumulative 5 percent loss of CSS. Should the City choose not to
assume this responsibility, during the interim period prior to adoption of an NCCP,
applicants wishing to develop property supporting the gnatcatcher would only be able to
/t/'3
Page 4, Item---.L!:L
Meeting Date 6/7/94
do so if they received approval from the Federal government under Sections 7 or lO(a)
of the Act. A major advantage of a local rule is that it would allow the City to decide
which projects can proceed during this interim period, and work directly with property
owners to coordinate take permits with other plan approvals.
2. Timeframes
Should the City of Chula Vista adopt and implement a local 4(d) rule, the City would be
able to develop its own implementing procedures. The amount of time that would be
required for the City to take action on an application for loss of CSS habitat ("habitat
loss permit") will depend on where a project is in the planning and approval process at
the time of application for such habitat loss permit. However, it appears that a maximum
of 75 days would be required for the City to issue such a permit, in accordance with
State guidelines.
With regard to the Federal permit process, the USFWS is mandated to conclude the
Section 7 consultation process within 90 days of determining if the biological assessment
or other information is adequate and an additional 45 days to write the biological opinion.
This would result in a l35-day process. However, there is no limit on thi amount of
time that can be required by the USFWS to determine that either the biological
assessment or other biological information is adequate in order to begin the consultation
process.
The Service indicates that there is not a mandated timeline for processing a Section lO(a)
application. Federal environmental documentation, which would be required as part of
the Section lO(a) process, usually takes 3 to 12 months to complete. The Service must
also undergo an internal Section 7 consultation process. The Service indicates that 10(a)
permits for very small and non-controversial projects (e.g., projects which involve
minimal take of occupied CSS habitat in an area not being considered for inclusion in a
permanent preserve system) can be processed in about six months. However, larger,
more controversial projects can require several years. Locally, the Least Bell's Vireo
Habitat Conservation Plans for the San Diego and Sweetwater Rivers were initiated
approximately six years ago and have yet to receive approval.
In summary, while the local interim take process may require up to a 75 day review
period, this is significantly shorter than the Federal permit process.
UNRESOLVED ISSUES RELATED TO THE ADOPTION OF A LOCAL 4(d) RULE
1. OccuDied vs. UnoccuDied Coastal Sage Scrub. The Endangered Species Act only
regulates impacts to listed species (Le. the California Gnatcatcher). While the ESA
provides for a process whereby critical habitat for the species can be designated, this
/ J/ J../
Page 5, Item
Meeting Date 6/7/94
III
process only affects federal project approvals, and has not been utilized in the case of the
gnatcatcher. Thus, prior to adoption of the Special Rule, only projects which contain
occupied habitat are required to obtain permits under Sections 7 or 10(a) of the Act.
The Special Rule changes this result by referring to the Natural Community Conservation
Planning process which regulates gnatcatcher habitat (coastal sage scrub) whether
occupied by the species or not.
The City's data base is not sufficiently detailed to determine the number of acres of
occupied vs. unoccupied habitat. However, data collected by the consultants for the
Multiple Species Conservation Plan (MSCP) indicate that approximately 20% to 50% of
the Coastal sage scrub located within their study area may not be inhabited, or suitable
for habitation, by the gnatcatcher.
Implementation of the Special Rule would impose regulations on unoccupied habitat that
would not be imposed under Sections 7 and 10(a) of the Act, thereby requiring an
additional permitting step and mitigation for habitat that is not occupied by the species.
2. Risks Inherent in the Citv Imolementine: the Section 4(d) Rule.
Under the Endangered Species Act itself (in the absence of the Section 4(d) Rule), the
City would not playa primary role in implementing the Act on private projects. If an
applicant proposed to "take" gnatcatchers, that applicant would be required to obtain
permission (under either Section 7 or !O[a] of the Act) directly from the USFWS. The
USFWS would be the lead agency for all permitting and enforcement actions.
The Section 4(d) Rule, by referring to the NCCP Process Guidelines as an alternative
method of permitting a "take" under the Act, alters the above operation of the Act in two
significant respects: First, as noted above, the Guidelines expand protection of actual
gnatcatchers to protection of the coastal sage scrub habitat, thereby having a potential
effect of increasing the number of development projects subject to this new regulation.
Second, the Guidelines create a significant new role for local agencies, giving them
responsibility to issue "Habitat Loss Permits," with the attendant duty to determine
whether the amount of loss proposed is permissible under the Conservation Guideline
standards.
By allowing local governments to assume these responsibilities, local implementation of
the 4 (d) rule would place the City (rather than the federal agencies) in the "front line"
position of issuing approvals and denials of the habitat loss permits, with all the
consequences which may flow from such decisions. It can be expected that, due to the
Conservation Guideline limitations on the amount of coastal sage scrub habitat which may
be impacted, denials would occur in certain cases where the Act itself would not directly
have applied because of the absence of gnatcatchers. Such decisions by the City to deny
J'-/ ~ .5
Page 6, Item /1
Meeting Date 617194
habitat loss permits, or to impose conditions, may well be legally challenged by
applicants, based on real or perceived loss of property rights, while decisions to approve
permits may be challenged by third parties. Given these risks, if directed by the City
Council to do so, we would work with the City Attorney's office to obtain some sort of
indemnification from the Service for the potential liability related to this issue.
3. Jurisdictional Allotment Formula.
Because the City of Chula Vista is part of a larger region in which gnatcatcher habitat
is found, there are several issues associated with implementation of the 4( d) rule at our
local level. These issues are outlined in an attached letter, dated April 25, 1994, to Gail
Kobetich with the U.S. Fish and Wildlife Service. These issues include the allocation
of the regional 5 % take under the 4( d) rule, specifically how much of the total regional
take will each agency be allowed to use, and who will make that determination. The
major issue is the selection of a formula for allocating the acreage of interim habitat take
to local jurisdictions. Both the City and County of San Diego, as well as several other
cities, have favored an allocation formula which is based on directly calculating 5 % of
the total Coastal Sage Scrub habitat within each jurisdiction. With the City of San Diego
currently considering adoption of a Special 4(d) Rule ordinance that is based on the
jurisdictional take allocation, and with the County having adopted an urgency interim
ordinance for implementation of the 4(d) rule, also based on the jurisdictional allocation,
it appears that there may be de facto acceptance by the other cities in the County of this
allocation formula.
As noted earlier, there are several potential projects in Chula Vista and its General Plan
area involving CSS take, with total acreage of up to 950 acres potentially being estimated
during the interim period. However, under a strict jurisdictional take formula, Chula
Vista would only have approximately 107 acres available for allocation during this
period. In order to accommodate reasonable projections of development during this
period, staff has considered alternative allocation formulas which are more directly
related to consideration of habitat quality and locations of planned urban development
within the overall subregion. One specific alternative which staff feels has particular
merit is one wherein the City's General Plan Area, rather than its jurisdictional
boundary, would be utilized in calculating the available take. This approach would
provide greater flexibility to the City, resulting in the availability of up to 1,000 acres
on an interim basis. We have begun discussions with the resource agencies and the
County of San Diego regarding this concept and others.
The most immediate project that Chula Vista has coming forward that could be affected
by the 4(d) rule is Rancho del Rey SPA III. McMillin has expressed a desire to staff to
be able to begin grading by September of this year. To that end McMillin has been
pursuing negotiating directly with the Service to determine what mitigation will be
It/-I,
Page 7, Item~
Meeting Date 6/7/94
required for them to implement this project. It appears that McMillin will be purchasing
a large portion of O'Neal canyon, located south of Otay Valley, between the Donovan
Correctional Facility and Otay Mesa County Jail, to satisfy their off-site mitigation for
the loss of gnatcatcher habitat. This purchase represents a substantial cost to them.
Although other projects in Chula Vista have not progressed to that point as yet, it is
likely that others will have similar types of investment in mitigation land that McMillin
does.
4. Soecial Districts. Special Districts, such as water districts and school districts, are often
not required to get City discretionary land use approval for their projects. Therefore,
a Special District could conceivably use all or a portion of a local agency's jurisdictional
"take" allotment without approval from the affected local agency by going through the
Service for a Section lOa permit, or if appropriate a Section 7. The City of Chula Vista
does have the opportunity to comment during the environmental process on improvement
projects that the various Special Districts within our jurisdiction are proposing. If the
City adopts a local 4(d) rule, a Special District could go through the City for approval
of a "take" for projects within our boundaries, rather than using a Section IO(a) or
Section 7 process. There are a variety of Special Districts within the City's boundaries
including two school districts and two water districts. Staff has consulted with them
regarding possible projects they will be proposing in the next two to three years that
could be affected by Special Rule. Their anticipated projects are included in the attached
chart. It is possible that some of the Special Districts will initiate projects during the
interim period that could further reduce Chula Vista's jurisdictional allocation, beyond
the control of the City.
5. Mitigation Guidelines. In order to implement the NCCP Process Guidelines, the USFWS
is requiring that the subregions prepare mitigation guidelines that could be used for
habitat loss approvals. Approval of the proposed mitigation guidelines will have to be
received from the USFWS and Fish and Game prior to implementation.
RESOLUTION OF THE ISSUES
While there are significant advantages to the City in adopting a local interim take ordinance,
there are also several major unresolved issues. The key unresolved issue is the allocation
formula to be used in determining the amount of interim take acreage which would be available
to Chula Vista. It is recommended that staff be directed to continue pursuing the alternative
described above, which would be based on the City's General Plan Area boundary. In addition,
staff should be directed to continue working toward resolution of the other issues identified in
this report.
/'I-?
Page 8, Item--'!/....
Meeting Date 6/7/94
STATUS OF THE GNATCATCHER LISTING
On May 3, 1994, a U.S. District Judge voided the Interior Department's listing of the
gnatcatcher. The Interior Department has filed a request for reconsideration of this decision,
as well as requesting that the listing be reinstated during the review of this appeal. Therefore,
while the listing is not currently in effect, it is staff's opinion that the City should continue to
pursue possible implementation of the 4(d) rule until this matter is resolved. Staff will continue
to monitor the status of the listing in this regard.
RESPONSE TO COMMENTS
This item was originally scheduled for Council consideration on May 24, 1994. At that time,
Tricia Gerrodette, representing the Sierra Club, submitted written comments regarding this
report (see Attachment C).
In response to these comments, staff would offer the following:
a) Baldwin has indicated that its interim take would be less than 500 acres; this is reflected
in Page 3 of this report.
b) The City would be subject to the NCCP Conservation Guidelines in implementing an
interim take ordinance. These guidelines establish criteria for ranking the value of
habitat areas, and providing interim protection to higher quality areas. It is our
understanding that any local ordinances would be required to be consistent with these
guidelines.
FISCAL IMPACT: Not applicable.
Auachments:
A. Property Owner Survey __~-o
B. Letter to Gail Kobetich. u.S..fp.~diife Service, dated April 25. 1994.
C. Comments from T;~~
f:\home\planning\gnatcat.113
Jtj-~
.
.
.
Anticipated CSS/Gnatcatcher Acres of Take
within the City of Chula Vista Prior to
Adoption of the NCCP/MSCP
Project CSS acreage to be Graded CSS acreage to be Graded in
In City In next 2 to 3 years General Plan Area (outside City
Iim~s) in next 2 to 3 years
McMillin 256
Sunbow (Gafcon) 50
Otay Ranch (Baldwin) To Be Provided
Salt Creek (Baldwin) To Be Provided
EastLake 0
Watson Land Co. 32
Rancho San Miguel 35
Bonita Meadows (Buie 20
Development)
Lyndale Hills 7
Sweetwater Authority 0 0
Otay Water District 0 0.5
Chula Vista Elementary 0 0
School District
Sweetwater Union High 0 0
District
City of Chula Vista 20
(Miscellaneous)
Total 326. - 94.5
Note: Information tlaseCl on surve cone ucteCl In a
y
(MARIL YNIGNATCATCIGNATCAT2.CHl)
May 18, 1994 . i I
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~~~~
CI1Y OF
CHUlA VISTA
.-,
PLANNING DEPARTMENT
April 25, 1994
Gail Kobetich
U.S. Fish & W life Service
2730 Loker Ave.
Carlsbad, CA 92
Subject:
Interim abitat Loss Approval Process fi r Federal Hntbngered Species Act
Consisten 4(d) - Jurisdictional Take AI tion
Dear Mr. Kobetich:
Through our recent discussions ith you and yo r staff and our review of the Final Rule for
implementation of the 4(d) Rule ithin our ju sdiction, we have become aware of potential
problems with the currently propos d alloc on of habitat by jurisdiction within San Diego
County. The City of Chula Vista w ld ve serious difficulties implementing the 4(d) rule ""'"
within its jurisdictional boundaries unles lternative methods of allocating acreage for interim
take are adopted.
The City of Chula Vista has not ent ed into a fi al agreement, nor have we formally endorsed
the use of the jurisdictional ac ge allocation fD ula previously discussed by the SANDAG
Regional Conservation Coord' ting Committee (R CC). We did concur with other members
of the RCCC that the U.S. h & Wildlife Service F&WS) should be consulted regarding
the potential use of such a ormula. We never assumed tasking USF&WS if such a formula
would be acceptable w ld be interpreted as Chula V' 's unconditional approval of this
possible method for al ting the region's 5% take.
.-
We believe there
will be implemen
a variety of issues that must be resolved in
in region. Those issues are as follows:
. It is our understanding that "Takes" that exceed a local agenc 's 4(d) allotment must
pursue a Section 7 or 100a) from the U.S. Fish and Wildlife which the Service
may approve. These Section 7 or 100a) permits will count against region's overall
5 % take, and the jurisdictions' RCCC 4(d) allotment. Section 7 and 1 ) approval from
the Service may acted a jurisdiction's allotment and preclude the use the 4(d) rule.
......
;,e:1D ~ '-/- / <:)
276 FOURTH AVE/CHULA VISTA CALIFORNIA 91910/16191 691-5101
.
Gail Kobetich
Page 2
April 25, 1994
Under this scenario, it is conceivable that the region's 5% take will be exhausted before
all of the jurisdictions grant permits up to their S % jurisdictional allocation or a
jurisdiction's S% allocation could be reached prior to the region's S% allowable take.
The result could be that the jurisdictional allotment will be de facto overridden by the
Service without approval from the affected Cities unless this issue is dealt with early in
the process.
. Because of the large amount of CSS "Take" allocated to the County of San Diego versus
urbanizing cities, the RCCC jurisdictional allotment does not encourage habitat "Takes"
within urbanized, fragmented, low quality habitats where the long term viability of the
species is questionable. The jurisdiction allotment does appear to encourage habitat
"takes" in rural high quality habitat areas where the long term viability of the species is
more probable than in the urbanizing areas.
.
The RCCC jurisdictional allotment is based on the corporate boundaries of the Cities and
the County of San Diego. It does not consider the likely boundaries of future
preservation areas that will be adopted in the MSCP and/or NCCP. The MSCP/NCCP
preservation boundaries will not necessarily relate to municipal boundaries but rather will
follow logical biological boundaries. Specifically, the adopted NCCP Conservation
Guidelines state that "recognizing that large subregions must meet the objective of
limiting short-term CSS losses on a biologically valid scale..some further subdivision of
a large planning subregion into appropriately sized biological subareas for the purpose
of accounting for interim habitat loss may be necessary." (p.10) Therefore, a system
should be devised that more closely aligns the interim preservation with the biological
subareas which will ultimately be used in developing a long-range plan.
.
. The RCCC jurisdictional allotment does not consider the viability of habitat in each
jurisdiction. This could lead to fragmented habitat ueas as each jurisdiction proceeds
to implement the 4(d) rule independently without regard for colllleCted viable habitats.
. A Special District within the boundaries of a local agency may poteDtially use all or a
portion of a local agency's RCCC jurisdictional "Take" allotment without approval from
the affected local agency.
The City of Chula Vista has worked closely with the County of San Diego and other local
agencies and will continue to so on efforts to adopt a regional plan for implementation of the
4(d) rule and/or alternative methods of allocating the interim take among jurisdictions. We
believe it is within the intent of the 4(d) implementation guidelines that the fragmented,
. urbanized, low quality habitat should be the ftrSt considered for a "take" and that the rural areas
~ IY-/ /
CITY OF CHUI.A VISTA
Gail Kobetich
Page 3
April 2S, 1994
.......,
containing high quality habitat should be preserved for the future pl.nning efforts of the
MSCP/NCCP.
We appreciate your consideration of these points and look forward to working with your office
towards the resolution of the issues we have presented and the implementation of the 4(d) rule
in our region.
Sincerely,
j(;J;/ (J~
Robert A. Leiter
Director of Planning
RAL:MRFP/nr
(f: \bomt\pllMina \kobeticb .ltr)
cc:
Larry Eng, California Department of Fish & Game, Sacramento, CA
Sid Morris, Assistant City Manager, City of Chula Vista
Ernest Freeman, Planning Director, City of San Diego
Lauren Wasserman, Planning Director, County of San Diego
Bob Asher, Chief Planner, County of San Diego
"""'\
~
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CITY OF CHULA VISTA
REQUEST TO SPEAK
IN FAVOR OF STAFF RECOMMENDATION.
Agenda Item No 15 Date
Name_Tri e-illl G..prro~
CPl.," Print)
If
Address ~
Representing ~', e.-q'" (1 ('1 ~
(Hilmi of Org....z.lion. etc.)
c.o\'(\\'(\~ O~ bQ..Clc..
tJt/ItIitIWI s,r J-L.,. _ .... III 5".".,.. -"
0._.A_'" J .,.,....,.",.",.,.." - I>JI r .......' -.... III 15 ........
" the City Council accepts the staff recommendation on your item as . part of
the Consent Calendar. would you still desire the item pulled so you can discuss
it later in the meeting? _Yes. I want to speak anyway. _No. I only want
to speak if there is opposition to the stsff recommendation.
Und.r Chul. Vi'" Municipel Code Section 2.52.165. you muol
disclos. thll feet that you and/or office" or ."entl. in the amlr.aate,
contributed more thlln . t ,000 to MY councilmember in the current
or preceding election period; end are . .penicipent,- You are ·
.panicipent- if you an: not . party but NV' . finenci.. inter." in ,
governmentel decieion __ by the City Councij lIftCI en_I to
influlnce their decieion.
Do you ..... . finenoiellnt.....1n thI. _nd. item? v.._ Noj{
If eo, hew you end/or your officefa or egents in the ""'1,
comributed more Ihan ., ,000 to . ooul~iIfM,mb.r'. ......"''1
V.o_ No_ "00.... _...............,.. ......
GIVE THIS TO THE CITY CLERK BEFORE THE MEETING
The Mayor will call you to the microphone at the appropriate time
cc-tl7Z (fIN}
ATTACHMENT C
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June 3, 1994
COUNCIL INFORMATION MEMO
TO: Honorable Mayor and City Council
VIA:
John Goss, City Manag~
Bob Leiter, Director of Planning)j( t
SUBJECT: Additional Correspondence Received in Reference to Item # 14 on June 7 City
Council Meeting Agenda
FROM:
Staff received the attached letter from Eastlake Development Company regarding the above
referenced item after the City Council agenda packet for the meeting of June 7 had been
distributed. In reviewing this item, staff does not feel that it represents a significant change
from the information presented in the report, and recommends that it simply be noted for the
record.
(F:\home\planning\elinum.cm)
/tj //~
May 27,1994
Mr. Robert A Leiter
Director of Planning
CITY OF CHULA VISTA
276 Fourth Avenue
ChuIa Vista, CA 91910
Subject:
Interim Habitat Loss. 4(d)
Dear Mr. Leiter:
Although we initially responded to staff as not having the need for any
Gnatcatcher acreage for development of EastLake projects over the
next two years, we would like to revise that estimate to allow for the
possible need of up to 10 acres for the extension of Orange Avenue.
While we can't provide positive verification that there is Gnatcatcher
habitat located on the proposed Orange Avenue alignment, the
possibility does exist that the habitat could exist and we would not want
to be precluded from development for lack of identifying those needs at
this stage.
Thank you for your assistance in this matter.
Sincerely,
~ DEVELOPMENT COMPANY
~ri<hYf .
Project Manager
KW/jb
cc: Bill Ostrem
F:\BURBRINK\LI!fI1!R.527
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JUN_ a -
1994
P'-ArvrvJNG
#:.
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fASTLAKE
~~ENT
900 Lane A--.ue
Suite 100
Chula Vista. CA 91914
(619) 421'{)127
FAX (619) 421-1830
COUNCIL AGENDA STATEMENT
,...
Item I':;
Meeting Date 6/7/1994
ITEM TITLE:
a.
Public Hearing for formation of a Reimbursement District for the
conversion of electric utilities associated with Telegraph Canyon
Road - Phase II
Resolution I ?51/' Approving the costs for the
conversion of electric utilities associated with Telegraph Canyon
Road - Phase II and establishing a reimbursement district for the
levy and collection of the costs thereof.
Director of Public wor~ ~
City Manager Jell/
(4/5ths Vote: Yes_No X )
b.
SUBMITTED BY:
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 (DIF) 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 conduct the public hearing, approve the conversion costs
and establish the reimbursement district.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On May 5, 1994, City Council initiated proceedings for formation of the district and called a
public hearing for May 17, 1994. On May 17, 1994, the hearing was rescheduled and noticed
for this evening. Tonight's action will call for public testimony, approve the cost and establish
the district.
Backll:round
According to Ordinance 2251 as amended by Ordinance 2289, the final determination of eligible
costs for DIF credit is made by the Director of Public Works. Staff has reviewed fInal 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 DIF credit for the following reasons:
/5"' /
Page 2, Item 15'
Meeting Date 6/7/1994
1. Staff does not support including undergrounding costs in the DIF 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
DIF report.
3. The City has not previously allowed undergrounding costs to be DIF eligible.
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).
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 finance the cost of the district formation (see Attachment C).
It is typical 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 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. The burden of timing and full
reimbursement would be placed on the Transportation DIF rather than on Eastlake Development
Company.
15'.,J..
Page 3, Item I ~
Meeting Date 6/7/1994
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 Paseo 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 which is currently within the County and will be the sole property owner to reimburse
the district. The reimbursement will be required as a condition of annexation.
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
ProDerty Owner
Baldwin Development Co.
Baldwin Development Co.
Baldwin Development Co.
Assessor Parcel No.
642-050-14
642-050-24
642-040-07
% Share of Cost
31 %
40%
2tl
Estimated
Reimbursement
$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 DlF for the
advancement of funds and one percent shall be payable to the City general fund to cover
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
/5:3
Page 4, Item If
Meeting Date 6/7/1994
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 June
7, 1994
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 DIF 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 DIF since the "loan" (in
the form of credits to Eastlake) will be repaid prior to approval of a fInal subdivision map of any
of the three parcels that comprise the district.
Attachment A - Conversion costs worksheet
Attachment B - Map of benefitted area
Attachment C - Letter from Baldwin protesting administrative fees
TAIFile: R0-002
WPC F:\HOME\ENGrnEER\AGENDA\1953.94
J~i
RESOLUTION NO.
J7.5/~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE COSTS FOR THE
CONVERSION OF ELECTRIC UTILITIES ASSOCIATED
WITH TELEGRAPH CANYON ROAD - PHASE II AND
ESTABLISHING A REIMBURSEMENT DISTRICT FOR THE
LEVY AND COLLECTION OF THE COSTS HEREOF
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 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; 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 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; 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 and the burden
of timing and full reimbursement would be placed on the
Transportation DIF rather than on Eastlake Development Company; and
WHEREAS, the method used to spread the cost was based on
the requirements as given in Section 15.32.020 of the Municipal
Code; and
WHEREAS, 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 DIF for the
advancement of funds and one percent shall be payable to the city
general fund to cover administrative costs in the handling and
collection of such funds with the reimbursement being collected
when the benefitted parcels subdivide or apply for building permits
and the date of commencement shall be the date the district is
established, tentatively June 7, 1994.
1
I'>: f'
NOW, THEREFORE, BE IT RESOLVED the city council of the
city of Chula vista, after conducting a pUblic hearing on June 7,
1994, does hereby approve the costs for the conversion of electric
utilities associated with Telegraph Canyon Road - Phase II and
establish a reimbursement district for the levy and collection of
the costs thereof.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
Bruce M. Boogaard, City
Attorney
C:\rs\TCRei.bs,Dis
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Attachment A
Item Description
DIF
Eligible
Reimbursement
Eligible
$88,507
$36,968
1 $125,475
Cass Construction item
#99139, Contract #5234
for underground
electric facilities.
2
3
4
5
6
7
$3,300
Cass Construction item
#99140, Contract #5234
for pull boxes.
3,300
$94,938
SDG&E portion of electric
conversion. W.O.#2263211
for underground & W.O.#
2263210 for overhead removal
94,938
$553
Portion of W.O.#2263211 on
private property based on
lineal footage of entire W.O.
(553)
553
$1,922.77
Refund on W.O.# 2263211.
$7,567.51
Refund on W.O.# 2263210.
(1,923)
(7,567)
$35,389 35,389
SDG&E refund to developer
per Rule 20.b. Accounted for
in Assessment District 91-1
(35,389)
Totals
$127,749
$86,474
summary:
$127,749
S 86.474
$214,223
Transportation DIF eligible
To be reimbursed to TDIF by district
Total TDIF credit to Eastlake
I~?
MAP OF BENEFITED AREA
UTILITY UNDERGROUNDING REIMBURSEMENT DISTRICT
TELEGRAPH CANYON ROAD, PHASE 2 IMPROVEMENTS
!
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BALDWIN DEVELOPMENT CO.
642 - 040 - 07
--
BOUNDARY OF BENEFITED AREAS' -
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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 /956
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,
~O~
Tim O'Grad~ /
Vice President
/~1
11975 EI Camino Real. Suite 200 . San Diego, CA 92130 . (619) 259-2900
PUBLIC HEARlNG CHECK L1sr
PUBLIC HEARlNG DATE: (., J..., / q ~
^ . " 1..1. I 'I J J..' ~
SUBJECT: ~~.....I.. - ,..,...;t..k..Q..,~ ~ A.lJ...w.\l>""........-...r J....~ r
":~;;:-t.~~u.:t...;. _""V~,. J ~ !__H."-
SENT TO STAR NEWS FOR PUBLlCATION.- BY FAX V' ; BY HAND_; BY MAIL
PUBLICATION DATE . ~/ l'i /q..f..
f I
MAILED NOTICES TO PROPERTY OWNERS
-
NO. MAILED
PER GC 954992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK ~ J 1:. l't-+
COPIES TO:
Administration (4) V'
Planning
,,/'
Originating Depamnent
Engineering
v""
Others
City Clerk's Office (2)
/
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POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
7/93
-55-
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NOTICE OF PUBLIC HEARING
The City Council of the City of Chula Vista will hold a public hearing on June 7, 1994 at the City
Council Chambers at the City Hall located at 276 Fourth Ave, Chula Vista, California, to consider the
establishment of a reimbursement district for the financing of certain underground electric facilities within
the City. The Council meeting begins at 4:00 p.m.
All property within the described area may be subject to a fee to pay for the cost of providing such
facilities, to-wit: That property more particularly described by plat on file in the office of the Director
of Public Works.
All persons desiring to testify with respect to: the necessity of said public improvements, the cost of said
public improvements, the benefited area or, the amount of the excess costs, may appear and be heard at
said hearing.
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 hearings described in this notice, or in written
correspondence delivered to the City Council at or prior to the public hearings.
COMPLIANCE WITH AMERICAN WITH DISABILITIES ACT
The City of CIroIa Vista, in complying with the Americans with Disabilities Act (ADA), requests individuals who may need special
accommodation to access, attend, and/or participate in a City meeting, activity or service request such accommodation at least 48
hours in advance for meetings and five days for scheduled services and activities. Please contact Donna Snider for information
or to place your request at (619) 691-5266. Califoruis Relay Service is available for the hearing impaired at 476-5342 (TDD).
F:\home\cngineer\undergnd
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NOTICE OF PUBLIC HEARING
BY mE 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:
Considering the establishment of a reimbursement district for the financing
of certain umderground electric facilities within the City.
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, June
7, 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: May 13,1994
Beverly A. Authelet
City Clerk
/~JJ
May 10, 1994
File: RG-002
Baldwin Vista Associates
11975 El Camino Real, Ste. 200
San Diego, CA 92130
NOTICE OF PUBLIC HEARING
The City Council of the City of Chula Vista will hold a public hearing on June 7, 1994 at the City
Council Chambers at the City Hall located at 276 Fourth Ave, Chula Vista, California, to consider the
establishment of a reimbursement district for the financing of certain underground electric facilities within
the City. The Council meeting begins at 4:00 p.m.
All property within the described area may be subject to a fee to pay for the cost of providing such
facilities, to-wit: That property more particularly described by plat on file in the office of the Director
of Public Works.
All persons desiring to testify with respect to: the necessity of said public improvements, the cost of said
public improvements; the benefited area or, the amount of the excess costs, may appear and be heard at
said hearing.
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 hearings described in this notice, or in written
correspondence delivered to the City Council at or prior to the public hearings.
The improvements to be financed are the undergrounding of electric facilities located approximately 600
feet east of Paseo Ladera to approximately 1,000 feet east of Apache Drive. The total cost for these
facilities is estimated to be $91,474 to be spread over the following parcels if developed at the time of
development:
$28,357
36,590
26,527
COMPLIANCE WITH AMERICAN WITH DISABILITIES ACT
642-050-14
642-050-24
642-040-07
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA). requests individuals who may need special
accommodation to acecsB, attend, and/or participate in a City meeting, activity or service request lOch accommodation at least 48
houn in advance for meetings and five days for scheduled services and activities. Please contact Donna Snider for infonnation
or to place your roquell at (619) 691-5266. California Relay Service is available for the bearing impaired at 476-5342 (fOD).
Your input is encouraged. Should you have any questions, please call me at (619) 691-5266.
DONNA SNIDER
CIVIL ENGINEER
Attachments
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MAP OF BENEFITED AREA
UTILITY UNOERGROUNDING REIMBURSEMENT DISTRICT
TELEGRAPH CANYON ROAD, PHASE 2 IMPROVEMENTS
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COUNCIL AGENDA STATEMENT
Item \ b
Meeting Date 617/94
ITEM TITLE:
Public Hearing: City Open Space Maintenance District No. 10 for Fiscal Year
1994-95
SUBMITTED BY:
Director of Public Works rrJ'
Director of Parks and Recreation
City Manager 1& t f
(4/5ths Vote: Yes_No.10
REVIEWED BY:
Based upon the advice of the City Attorney, agenda items 16 and 17 have been separated due to conflict
of interest concerns. Council should note that agenda statement 17 gives all background information
on open space district in general which is applicable to the item, but does not include specific
information on Open Space Maintenance District 10.
RECOMMENDATION: That Council:
1. Open the hearing, take testimony, and close the hearing. (Second public hearing is set for June
14, 1994).
2. Direct staff to tally the protests.
BOARD/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Backl!round
This agenda item is the yearly resolution to levy assessments for open space maintenance within Open
Space Maintenance District Number 10 located along East J Street, west of Paseo Ranchero. Table 1
relates last year's assessment to the proposed assessment for this year. The following agenda item
contains all the general information regarding open space districts, the district maps, engineers reports
and a sample contract.
I~'/
Page 2, Item / t,
Meeting Date 6/7/94
TABLE 1
LAST FY VS. THIS FY ANNUAL ASSESSMENT AND % CHANGE
% Increase
FY 92-93 FY 93-94 FY 94-95 or FY 94-95 FY 94-95
AssessmentlEDU Asse..mentlEDU AssessmenUEDU Decrease Cost/EDU Revenue
Open Space $83.46 $25.96 $63.98 146% $87.00 $40,334
District No. 10
EI Rancho del Rey
6 & Casa del Rey
The annual assessment for this District for a typical parcel will increase by $34.02 per year to $63.98.
This represents a percentage increase of 146%. The primary reason for the increase was that it was
artificially lowered for this current year because there was more than a 100% reserve. Thus even
though the cost per EDU to maintain the district was $84.01, excess reserves were used to lower the
assessment to $25.96. This year's ~ will increase by 4% to $87.27 per parcel, but since there is
still approximately 100% reserve in the fund staff is recommending the district be brought up to the
total costs over a two year period in order to soften the annual increase. Therefore next year's
assessment is proposed to be $63.98. Eventually the annual cost and assessments will be very near the
same amount.
The reserves increased in previous years because a developing area's improvements were added to the
district and assessments collected, but the developer took longer than expected to turn over the added
Open Space for maintenance.
FISCAL IMPACT: Staff cost associated with the open space program are generated by Parks and
Recreation, Engineering, and Data Processing. Contractual costs are shown in the Engineer's Report.
All costs are recovered through the Open Space District Assessments, causing no net fiscal impact.
DDS:OS-OO1 . ~1J>
Altlwhments: Engineer's Report - OSDlO - FY 94/95 ~O't SC~'.'
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COUNCIL AGENDA STATEMENT
Item ,..,
Meeting Date 6/7/94
ITEM TITLE:
Public Hearing: City Open Space Maintenance Districts 1-9, 11, 14, IS, 17, 18,20,23,
24 and 26, and Bay Boulevard, Eastlake and Town Center Maintenance Districts for Fiscal
Year 1994-95
SUBMITTED BY:
Director of Public Works ,.;
Director of Parks and Recreation
City Manager 1e -7 f
(4/5ths Vote: Yes_NoX)
REVIEWED BY:
In accordance with the City Municipal Code Section 17.07, the City Engineer prepared reports on the spread of
assessments for the open space districts. The reports were accepted and the required public hearings were set by
Council at its meeting of April 19, 1994. This agenda statement includes information related to the above districts
and general information related to Open Space District 10. Specifics of Open Space District 10 are addressed in
Item 16 on this agenda.
RECOMMENDATION: That Council:
1. Open the hearing, take testimony, close the hearing. (The second hearing is scheduled for June 14,1994.)
2. Direct staff to tally all protests.
BOARDS/COMMISSIONS RECOMMENDATION: The budget and assessment information has been forwarded
to the Towne Centre Committee via Community Development. No action was taken on the information presented.
DISCUSSION:
This agenda statement is the yearly resolution to levy assessments for open space maintenance within the City.
Table 1 contains the name and location of the districts. Table 2 relates last year's assessment to the proposed
assessment for this year. Following Table 2 are modifications staff proposes in response to a question on the
spread by a property owner. General information that applies to all the districts is provided followed by an
analysis of each district individually. At the end of this agenda statement there are some legislative changes to the
Landscaping and Lighting Act of 1972 that have been discussed to inform Council of the changes. Staff has also
indicated the noticing that was provided for in regards to these proceedings. A summary of the assessment
meetings and letters of protest are presented in Attachments D and E.
As a [mal note, Council should be advised that the preceding agenda item contains the same information for Open
Space District No. 10 which was separated due to conflict of interest concerns.
J7'/
Page 2, Item..1...2-
Meeting Date 617/94
Backl!round
Pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also known
as "Landscaping and Lighting Act of 1972" and the City of Chula Vista Municipal Code, the City Engineer
prepared and fIled the annual reports for all existing Open Space Maintenance Districts in the City. Council
approved the reports on April 5, 1994, by Resolutions 17448 and 17449. The name and location of each open
space district is shown in the following table.
TABLE 1
Open Space Districts Within the City of Chula VISta
OPEN SPACE
DISTRICT NO. NAME LOCATION
1 El Rancho Del Rey Units 1-4 Souih of E. H Street, west of Otay
Lakes Road
2 Lark Haven Souih and east of Lorna Verde park
3 Rancho Robinhood Units 1 & 2 Souih of Allen School Lane
4 Bonita Ridge Camino Elevado
5 Souihbay Villas Norihem end of Crest Drive
6 Hilltop Vista Camino Vista Road
7 Zeniih Units 2, 3 and 4 Norih and souih of Palomar, east of 1-
805
8 Rancho Robinhood Unit 3 Surrey Drive
9 El Rancho del Rey units Paseo del Rey, norih of Telegraph
Canyon Road
11 Terra Nova East H Street, east of I-80S
14 Bonita Long Canyon Norih and souih of Country Vistas
Lane
IS Bonita Haciendas Canyon Dr., east of Otay Lakes Road
17 Bel Air Ridge Noriheast of Paseo Ladera & E. J St.
18 Rancho del Sur Easterly end of East Naples
20 Rancho del Rey Norih of E. H Street west of Otay
Lakes Road
23 Otay Rio Business Park West of Heritage/Otay Valley Rd.,
souih of Otay Rio Road
24 Canyon View Homes Rutgers Ave., souih of E. H Street
26 Park Bonita West of ihe intersection of E Street and
Bonita Road
Town Center No. 1 Third Avenue, norih and souih of F
Street
Bay Boulevard
Eastlake Maintenance District No. 1
The Parks and Recreation Department conducted an informal meeting for all property owners within each district
in January and the Public Works Department conducted informal meetings in April. At the January meeting, staff
explained the proposed budget. In March, the Parks and Recreation Department forwarded an information item
to Council on issues raised at that meeting. In May, the Department of Public Works forwarded an information
item on the issues raised at the April meeting. These information items are attached (Attachment D).
I'}".l
Page 3, ltemfl
Meeting Date 6/7/94
Assessments
The proposed assessments for Fiscal Year 1994-95 are as follows:
% Increase
FY 93-94 FY 94-95 or FY 94-95 FY 94-95
OS>> AssessmenUEDU AssessmenUEDUPI Deaease COSTIEDUPI Revenue
1 $78.86 $77.70 -1% $73.00 $61,805
2 32.44 39.54 22% 46.00 9,842
3 250.90 267.06 6% 279.00 33,915
4 197.08 282.94 44% 285.00 59,415
5 224.22 243.12 8% 277.00 29,659
6 128.00 136.26 6% 143.00 22,071
7 87.58 95.86 9% 114.00 9,968
8 430.94 430.94 0% 446.00 47,403
9 92.88 111.42 20% 137.00 42,784
11 81.22 83.58 3% 87.00 110,403
14 254.74 270.35 6% 289.00 236,101
15 234.24 234.24 0% 245.00 13,352
17 124.74 124.74 0% 132.00 5,738
18 303.34 321.40 6% 330.00 124,559
20'10 228.21 228.21 0% 311.76 441,087
23 0 335.70 ,."., N/A 306.00 18,799
24 210.98 495.73 135% 528.00 19,829
26 359.00 394.30 "J 10% 356.00 7,491
Bay Blvd. 1,000.80 889.00 '" -11% 1,421.0 8,900
0
Town Centre 43.58 45.56 ", 5% 52.00 45,557
EASTLAKE MAINTENANCE
DISTRICT NO. I'"
Zone A - Eastlalre I 6.98 9.30 33% 11.31 89,979
Zone B - Eastlalre Greens 10.64 14.08 32% 15.94 29,262
Zone C - Olympic Training Clr 0 126.71 N/A 126.50 63,361
Zone D - Salt Creek I (~ 6.98 369.80 N/A 371.81 170,463
(I)See Engineer's Report for amortized costs and breskdown by zone
(2)Reserve is at 10%
(I)Based on preliminary budgets
(~cludes prorals sbsre of Zone A
(5)Per benefit unit
(6)Per acre
"'Includes revenue from OSD31 for medians on Otsy Lakes Road
"'Reserve is ot20%.
(0As approved by Council on 4/5/94 with minor adjustment and excludes OSD31 share of OLR
(1(J)Typical residential home's assessment had no change
TABLE 2
LAST FY VS. TIllS FY ANNUAL ASSESSMENT AND % CHANGE
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Page 4, Item J~
Meeting Date 671/94
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Page 5, ltem-'2-
Meeting Date 6/7/94
Modifications
Staff proposes assessment modifications to the two open space districts which have zones, EastLake
Maintenance District No.1 (ELM01) and OS020 (Rancho del Rey). The assessment modifications are a result
of spreading Public Works/Data Processing (PW lOP) staff costs differently in response to one property owner's
concern that Salt Creek I, a zone within ELMO 1 , would pay too much as originally proposed. Consequently,
staff analyzed six alternatives and recommends spreading those costs equally between the zones instead of
spreading PW 10 P staff costs by pro rata share of the budget. This method reflects the cost to each zone for
preparing the reports, outlining each zone's assessment, savings, interest, reserve balances, reserve
requirements, analyzing all assessment increases and decreases, etc. PW lOP staff time is not impacted
substantially by the number of parcels, equivalent dwelling units or size of budget. Consequently, it is logical
to spread PW/OP staff costs equally by zone.
Additionally, staff proposes that the ELMO 1 budget for next year reflect a decrease in PW/DP staff time.
Originally proposed at $9,500 for ELM01, staff recommends this be reduced to $5,500. The higher amount
was based on the previous consultant's contract to perform the work. However, this work has been performed
by staff for three years at a consistently lower cost. This is true for OS020 also where staff recommends the
budget to be reduced to $5,500 from $8,900. For Rancho del Rey (OSO-20), no change in assessments from
that presented in April is recommended pursuant to April Council direction to not lower the assessment below
FY 93-94 levels. The adjustment is reflected in the reserves, etc.
The following table, Table 28, outlines the impact of the proposed modifications to the assessments. For zones
where the assessments would increase, no increase is reflected as it is too late in the process to do so. Next
year the assessments will reflect that.
TABLE 2B
Proposed 4/5/94 Modification 617/94
ELMDl - FY 94/95 AssessmentlEDUl2l AssessmentlEDU
Zone A Eastlake I $9.30 $9.30
B Eastlake Greens 14.08 14.08
C OTC 126.72 125.96
D Salt Creek 1(1) 369.80 363.12
(l>mcludcs pro rata ahare of Zone A
~eflects minor adjultment downward to be consistent with ..se..ment roll.
District Assessment Chanl!es
The assessments are based on the budgets, reserves, savings, and funds balances, including interest. In general,
the budgets have increased due to CPI adjustments allowed in the renewal of the maintenance contracts and
substantial increases (approximately 25%) in the cost of utilities, namely water costs. The increase in water
costs is due to 1) a 14% increase in water costs in FY 1993/94 subsequent to budget formation which were not
reflected in the budgets; and 2) an 8% increase in water costs anticipated for FY 1994/95. Where landscape
maintenance contract costs have changed compared to the previous year (from being put to bid and awarded
by Council last June), budgets as well as Park and Recreation staff services have been adjusted. Parks and
Recreation staff services are apportioned to an individual district based on its percentage of all the districts'
budgets combined. In other words, if the staff services total for all budgets combined did not change, and one
OSO's percentage of contract costs increased, so would their s~ services. Staff services have an additional
I ?~..>
Page 6, HemE
Meeting Date 617/94
component of $240 per district in anticipation that additional engineering staff time will be needed next year
in order to make adjustments as a result of recent legislative changes to the Landscaping and Lighting Act of
1972. Engineering staff time is a fixed amount per district unlike Parks and Recreation staff time.
Savings from prior fiscal years have been used in part to offset cost increases during this fiscal year. For those
districts where the reserve still exceeds 50 %, staff recommends using the savings to soften the impact of the
proposed budget increases for FY 1994/95. Staff generally tries to keep the assessments level with gradual
increases, or decreases, each year. In all cases except OSD 1, 23 and 26, the proposed assessments to the
property owner are lower than the actual cost which means reserves are used to make up the difference.
Consequently, staff anticipates assessment increases in the future for each assessment district even if the
budgets remain level.
Under Council Policy each district is required to have a reserve that is allowed to fluctuate between 50% and
100% of the estimated maintenance cost. The reason for the reserve above 50% is to stabilize the yearly
assessment and provide a buffer for any unforeseen cost that the district may incur. A 50% minimum reserve
is required to allow the City to pay the first six months costs until such time as the City has received adequate
funds from the County on the tax payments.
For new districts, the minimum 50% reserve can be built up in one of two ways. If the City begins maintaining
the new open space district in the middle of the fiscal year, the district will be assessed for the full year thereby
accumulating the 50 %. If the City begins maintaining the new open space district at the bel!inninl! of the fiscal
year, the district will be assessed an extra 10% each year for the first 5 years. The reserve above 50% is
generally obtained from savings in the district. Then the City has the option to reduce assessments, retain as
additional reserve or a combination of these.
The following summarizes the major changes for each district. Note that the assessmentlEDU varies from the
cost/EDU which reflects the cost only. The assessmentlEDU reflects impacts of the reserve requirements,
ending fund balances and savings. For a detailed outline, see Attachment A.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
A......mentlEDU A.....mentJEDU Decrease COSTIEDU Revenue
Open Space District No. 1 $78.86 $77.70 -1% $73.00 $61,805
EI Rancho Del Rey Units 1-4
Staffrecommends a 1 % decrease in the annual assessment from $78.86 to $77.70 per equivalent dwelling unit
(ED U). The maintenance contract budget decreased by $7,435, however, the utility costs increased by $4 ,350.
The net change in maintenance cost is a $3,555 decrease which is why staff recommends the lowered
assessment. The reserve under this recommendation will stand at 70%.
The contract service budget amount decreased substantially. However, large assessment fluctuations are not
evident because staff recommended and Council approved modifying the FY 1993/94 assessments downward
in response to the lower maintenance bids received in 1993. Consequently, the current year assessment (FY
1993/94) already reflects the contract savings.
I?~
Page 7, Item J?
Meeting Date 617/94
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
A......mentlEDU A.sessmentlEDU Decrease COST/EDU Revenue
Open Space District No. 2 $32.44 $39.54 22% $46.00 $9,842
Lark Haven
Staff recommends a 22% increase, $7.10 per year, in the annual assessment from $32.44 to $39.54 per EDU.
City Staff Services increased by $190 and utilities increased by $360 from rate increases and service fees, not
from increased volume usage. The reserve under this recommendation will stand at 60%.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
A.sessment/ED A.sessmentlEDU Decrease COSTIEDU Revenue
U
Open Space District No. 3 $250.90 $267.06 6% $279.00 $33,915
Rancho Robinhood Units 1 & 2
Staff recommends a 6% increase in the annual assessment from $250.90 to $267.06 per EDU. Utilities
increased by $2,340, however, the maintenance contract budget decreased by $10,405 and city services
decreased $910. The net decrease was $8,975. The reserve under this recommendation will stand at 68%.
The contract service budget decrease of $8,975 is substantial, however, large assessment fluctuations are not
evident because staff recommended and Council approved modifying the FY 1993/94 assessments downward
in response to the lower maintenance bids received in 1993. Consequently, the current year assessment (FY
1993/94) already reflects the contract savings.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
A.ses.mentlEDU AssessmentlEDU Decrease COST/EDU Revenue
Open Space District No. 4 $197.08 $282.94 44% $285.00 $59,415
Bonita Ridge
Staff recommends an increase of 44% ($85.86) from $197.08 to $282.94 per EDU. Of the $85.86 increase
per EDU, the two largest factors are the maintenance contract which increased from $29,090 to $35,620,
($31.10 per EDU) and utilities which increased from $12,140 to $15,170 ($14.43 per EDU) for a net increase
of $10,713. At the time staff proposed the $197.08 assessment (FY 1993/94), the cost for contract services
was anticipated to be only $29,090 yielding a cost/EDU of $234.37 which is $40 more than what they were
assessed. Prior year savings were used to lower the assessment to $197.08/EDU which was below the cost of
$234/EDU and some savings were retained in reserve. The contracts went out to bid in Spring 1993 and OSD
4's contract was the only one that came in hi~her than previous contracts for the same scope of work. As the
owners had already been notified of their proposed assessment, the assessment could not be increased to reflect
the change. Consequently, this year's assessment reflects the increase. Other items that increased the budget
were utilities, city staff services, the maintenance contract and landscape supplies. The proposed increase is
as low as possible while still maintaining the required 50% reserve.
/7-7
1:
Page 8, ItemR
Meeting Date 6/7/94
FY 93-94 FY 94-95 " Increase or FY 94-95 FY 94-95
A88e88mentlEDU A88e88ment/EDU Decrease COST/EOU Revenue
Open Space District No. 5 $224.22 $243.12 8% $277.00 $29,659
Southbay Villas
Staff recommends an 8% increase in the annual assessment from $224.22 to $243.12 per EOU. Utilities
increased by $1,540, however, the maintenance contract decreased by $1,310 for a net decrease of $290. The
assessment has been lower than cost for the last three fiscal years and is eroding the district's reserve. The
reserve is now at 65 %. This is why staff recommends an assessment increase. Savings from prior years are
being used to offset some cost increases.
FY 93-94 FY 94-95 " Increase or FY 94-95 FY 94-95
A88e88mentlEDU A88e88mentlEDU Decrease COST/EDU Revenue
Open Space District No. 6 $128.00 $136.26 6% $143.00 $22,071
Hilltop Vista
Staff recommends a 6% increase in the annual assessment from $128.00 to $136.26 per EOU. Items that
increase the budget are utilities and city staff services which increased by $1,080 and $220, respectively, for
a net increase of $1,320. The reserve is now at 70%.
FY 93-94 FY 94-95 " Increase or FY 94-95 FY 94-95
A88e88mentlEDU Assessment/EDU Decrease COSTIEOU Revenue
Open Space District No. 7 $87.58 $95.86 9% $114.00 $9,968
Zenith Units 2, 3, & 4
Staff recommends a 9% increase in the annual assessment from $87.58 to $95.86 per EOU. Items that
increased the budget were utilities and city staff services which increased by $790 and $240, respectively. The
net increase is $1,040 and the reserve under this proposal will be 75 %.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
A88e88mentlEOU AssessmentlEOU Decrease COSTIEDU Revenue
Open Space District No. 8 $430.94 $430.94 0% $446.00 $47,403
Rancho Robinhood Unit 3
Staff recommends no change in the annual assessment of $430.94 per EOU. Utilities increased by $2,130,
however, the maintenance contract decreased by $690 for a net increase of $1,500. Prior years' savings are
recommended to absorb the increase which will leave the reserve at 68%.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
A88e88mentlEDU A88e88ment/EOU Decrease COST/EDU Revenue
Open Space District No. 9 $92.88 $111.42 20% $137.00 $42,784
EI Rancho del Rey Units
Staff recommends a 20% increase in the annual assessment from $92.88 to $111.42 per EOU. Items that
increased the budget were utilities and city staff services which increased by $4,220 and $270, respectively,
for a net increase of $3,850. Some of the cost increase is being offset with prior years' savings, as can be seen
17'8'
Page 9, lremfl
Meeting Dare 617/94
by the assessment being $25 per EDU lower than the cost per EDU. The assessment per EDU this fiscal year
was also offset by prior years' savings. Consequently, the increase in assessments (20%) is greater than the
increase in budget (8%). However, the proposed assessment is still less than the cost of $137/EDU. The
reserve under this recommendation would stand at 65 %.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
A......m.ntlEDU A.....mentlEDU Decrease COSTIEDU Revenue
Open Space District No. 11 $81.22 $83.58 3% $87.00 $110.403
Hidden Vista Village
Staff recommends a 3% increase in the annual assessment from $81.22 to $83.58 per EDU. Utilities increased
by $5,700 and the reserve fund was increased by 7% to bring it to the 50% minimum requirement.
The contract service budget decrease of $24,975 is substantial, however, large assessment fluctuations are not
evident because staff recommended and Council approved modifying the FY 1993/94 assessments downward
in response to the lower maintenance bids received in 1993. Consequently, the current year assessment (FY
1993/94) already reflects the contract savings.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
A......mentlEDU A.....ment/EDU Decrease COST/EDU Revenue
Open Space District No. 14 $254.74 $270.35 6% $289.00 $236,101
Bonita Long Canyon
Staff recommends a 6% increase in the annual assessment from $254.74 to $270.35 per EDU. The increase
was due in part to a $15,720 increase in utilities. City staff services however, helped offset this increase with
a $5,760 decrease resulting from the adjustment to staff services because of the decrease in the cost of the
maintenance contract.
The contract service budget decrease of $56,320 is substantial, however, large assessment fluctuations are not
evident because staff recommended and Council approved modifying the FY 1993/94 assessments downward
in response to the lower maintenance bids received in 1993. Consequently, the current year assessment (FY
1993/94) already reflects the contract savings. The reserve under this proposal will stand at 80%.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
A......mentlEDU A.....ment/EDU Decrease COSTIEDU Revenue
Open Space District No. 15 $234.24 $234.24 0% $245.00 $13,352
Bonita Haciendas
Staff recommends no change in the annual assessment of $234.23 per EDU. The $735 decrease in the
maintenance contract was used to increase the reserve fund by $240. The reserve under this recommendation
will stand at 58%.
/7~1
Page 10, Item~
Meeting Date 6/7/94
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
Assessment/EDD Assessment/EDD Decrease COST/EDD Revenue
Open Space District No. 17 $124.74 $124.74 0% $131.74 $5,738
Bel Air Ridge
Staff recommends that there be no change in the annual assessment for this district. The savings from last fiscal
year was placed into the reserve, currently at 99%, so that the assessment per EDD is kept similar to the cost
per EDD.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
Assessment/EDD Assessment/EDD Decrease COST/EDD Revenue
Open Space District No. 18 $303.34 $321.40 6% $330.00 $124,559
Rancho del Sur
Staff recommends a 6% increase in the annual assessment from $303.34 to $321.39 per EDD. This increase
was mostly due to a $7,100 increase in utility costs. The reserve under this recommendation will stand at 50%.
Modified
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
Assessment/EDD Assessment/EDD Decrease COST/EDD Revenue
Open Space District No. 20 $228.21 $228.21 0% $311.76 $450,154
Rancho del Rey
This district is made up of 7 zones and each zone has a different assessment. Depending on the location of the
property, the owner may be assessed by up to 4 different zones. The maintenance cost is broken down by zone
in the Engineer's Report (Attachment A). In general, the overall maintenance cost for this district decreased
by $47,910 (from $628,410 to $580,5(0). Staff, proposes no change to the average annual residential
assessment of $228.21 per EDD as directed by Council because the assessment is less than the cost. OSD 20's
proposed residential assessment is lower than the cost because of: (1) savings due to delayed turnover of open
space last fiscal year, (2) the current contract came in lower than before, and (3) interest earnings. The
estimated savings are $170,000. Staff recommends that some of the savings be held in reserve. Zone 5's
reserve, SPA I residential area is proposed at 69%. The other zones' reserves are approximately 50%. Staff
anticipates an increase of $90/EDD in residential assessments next year because the assessment/EDD of $228.21
is less than the cost of $311. 76.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
AssessmentlEDD Assessment/EDD Decrease COST/EDD Revenue
Open Space District No. 23 $0 $335.70 See Zone $305.18 $18,799
Otay Rio Business Park breakdown in
Attachment A
This is a new open space maintenance district and will have an annual assessment of $335.70 per acre. The
scheduled turnover to the Department of Parks and Recreation for maintenance is July of 1994. The assessment
includes a reserve of 10% which will be increased by 10% each year for 5 years to reach the 50% minimum
reserve requirement.
17~ It)
Page 11, Iremn
Meeting Dare 617/94
FY 93-94 FY 94-95 % Increase or FY' 94-95 FY 94-95
A.....mentlEDU A.....mentlEDU Decrease COSTIEDU Revenue
Open Space District No. 24 $210.98 $495.73 135% $528.00 $19,829
Canyon View Homes
As Council may recall, this district has been before council several times in the last two years to try to lower
the annual assessments. Staffrecommends a 135% increase in the annual assessment from $210.98 to $495.73
per EDU. This increase was mostly due to the use of savings that lowered this year's assessment. The City
had retained a reserve of 90 % but there were still substantial savings which were used to lower the assessment
to $210.98/EDU for the current year even though the cost for the current year was $660.50 per EDU. The
savings were due to a delayed turnover of open space and contract cost reductions due to effective bid
clustering. The proposed assessment includes a reserve of 62 %. This recommendation is based on there being
no changes to the district such as annexations or consolidations.
Staff, as directed by Council, is analyzing alternatives to ultimately lower the assessment.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
A.8C88mentlEDU A.....mentlEDU Decrease COSTIEDU Revenue
Open Space District No. 26 $359.00 $394.30 10% $356.00 $7,491
Park Bonita
Staff recommends a 10% increase in the annual assessment from $359.00 to $394.30 per EDU. This increase
is due to utilities increasing by $350 and City staff services increasing by $210, however, the largest increase
is due to the need to increase the reserve by 10% a year until 50% has been reached since this is a relatively
new district. This is a small district of 19 homes which tends to amplify cost increases. The increase in budget
of 6% is only $580 but translates into an additional $30/year to the property owner. The reserve under this
recommendation will be 20%, consistent with the second year of existence of the district.
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
Asses.mentlEDU A.....mentlEDU Decrease COST/EDU Revenue
Bay Boulevard Open Space $1,000.80 $889.00 -11% $1,421.00 $8,890
Mainrenance District
Staff recommends an 11 % decrease in the annual assessment from $1000.80 to $889.00 per EDU. Since the
cost is 60% higher than the proposed assessment for FY 1994-95 it is anticipated that next year's assessment
will increase substantially, almost double. Bay Boulevard's assessment is low this year compared to its budget
because excess funds are being used to lower the assessment. The reserve is at 100% and all funds above that
must be used to lower the assessment. The excess funds occurred because the estimated ending fund balance
for FY 1992/93 was $12,800 and the actual balance was $21,700. (The assessments are based on the estimated
fund balance.) The balance was higher than anticipated because prior delinquencies with penalties were paid
in this year. This also means then that the fund balance from a prior year was too low as the owners had not
paid their assessments. Public Works staff preparing the assessments was not aware of this and subsequently
charged the owners the shortfall in the following year.
Staff is revising their procedures to take into account delinquencies to ensure that this will not happen in the
future. Staff is reviewing the assessment history and will update Council of any other issues that affected the
assessment.
/7"//
\
Page 12, ltem-.!2
Meeting Date 617/94
FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95
A.....mentlEDU A......mentlEOU Decrease COSTIEOU Revenue
Town Center Open Space $43.58 $45.56 5% $52.00 $45,557
Maintenance District
Staffrecommends a 5% increase in the annual assessment from $43.58 to $45.56 per EDU. This increase is
due to a $410 increase in utility costs. The reserve under this recommendation would stand at 70%.
Modified
FY 93-94 FY 94-95
A.....mentl A.....mentl % Increase or FY 94-95
BOU EDU Decrease COST/EDU
EastIake Maintenance District No. 1
Zone A - EastIake I $6.98 $9.30 33% $11.23
Zone B - EastIake Greens 10.64 14.08 32 16.14
Zone C - Olympic Training Center 0 125.96 N/A 125.64
Zone D - Salt Creek 1 (incl. Zone A) 6.98 363.12 N/A 365.03
Staff recommends a 33% increase in the annual assessment for Zone A. This zone maintains medians and
parkways along Telegraph Canyon Road, Otay Lakes Road and Eastlake I area. The $2.32 increase is due to
new medians along Otay Lakes Road (prorata share) and East H Street and maintenance of the SR-125 corridor
that are now proposed to be maintained by the Zone.
Staff also recommends a 32 % increase in the annual assessment for Zone B. The $3.44 increase is mostly due
to new medians and parkways being turned over to the City for maintenance within Eastlake Greens as well
as their share of new medians along Otay Lakes Road.
The $125.96 per EDU annual assessment that staff recommends for Zone C will be paid by the one property
owner that comprises the district, the Olympic Training Center (500 EDU's). Turnover is anticipated to occur
in January of 1995 so the 50% reserve will be accumulated by this assessment.
The increase in annual assessment that staff recommends for Zone D is due to newly turned over open space,
parkways and medians within Salt Creek I. This Zone also maintains its share of medians and parkways along
Otay Lakes Road and Telegraph Canyon Road, medians within Eastlake I and the SR 125 corridor.
Landscaoinl! and Lil!htinl! Act of 1972 Lel!islative Chanl!es
The 1972 Act has been revised (Section 22630.5) to allow property owners with increased assessments to
protest the increase. The change further provides that an increase is not allowed if a majority protest, by land
area, exists.
Also pursuant to Section 54954.6 of the Government Code, property owners subject to an increased assessment
shall be notified of the current and proposed assessment and of the two hearings by mail 45 days in advance
of the second public hearing. However, staff notified lill property owners of their present assessment, their
proposed assessment, and the hearings.
17"1.2
Page 13, Item-12
Meeting Date 617/94
Summary of Informal Meetinl!s
Staff from the Public Works and Parks and Recreation Departments held informal meetings to discuss the
proposed assessments for FY 94/95. Several questions were answered at that time regarding the budgets,
maintenance, assessments and the components affecting the assessments. A summary of issues is presented in
Attachment D and letters of protest are presented in Attachment E.
One property owner in ELMDl, Mr. Sidney Frischer, indicated in a phone conversation, that he would like
the assessment waived because he is on a fixed income. Staff does not recommend granting waivers for this
reason because of the precedence it sets and because it is appropriate to charge special assessments to the
owners and not use General Fund monies, etc. for this purpose.
FISCAL IMPACT: Staff cost associated with the open space program are generated by Parks and Recreation,
Engineering, and Data Processing. Contractual costs are outlined in Attachment A. These costs are recovered
through the Open Space District Assessments, causing no net fiscal impact.
Attachment A:
Attachment B:
Attachment c:
Attachment D:
Attachment E:
Engineer's Report for Fiscal Yesr799. 4-95
Open Space District Maps
Ssmple Contract
Summary of Informal Meetin~
Letters of Protest ~U'"
DDS,OSOOI
WPC F:\HOME\ENGINEER\AGENDA\1942.94
17'13
PUBUC HEARING CHEO< UST
PUBUC HEARING DATE: . 0:J / '1 q.. Co.l f~
SUBJECT: ~~l~ 6~ o::::~
LOCATION:
SENT TO STAR NEWS FOR PUBUCATION .- BY FAX y., BY HAND ; BY MAIL
PUBUCATION DATE 4/tro- "2.3.- 3.0 /qo./. - -
I /
MAILED NOTICES TO PROPERTY OWNERS
-
NO. MAILED
PER GC ~S4992 Legislative Staff, ConstrUction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
L.dl s.f cd
f I
LOGGED IN AGENDA BOOK
COPIES TO:
Administration (4)
Planning V
/
Originating Department
Engineering /.. /
Others
City Clerk's Office (2)
1_/
4/ /6 /Ci.+
I I
POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
7/93
-55-
/1---/->
RESOLUTION NOS. 17447 & 17449
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE ENGINEER'S REPORTS FOR THE FY
1994-95 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE
MAINTENANCE DISTRICTS 1-9, 10,11,14,15, 17,18,20,23,
24, 26, EASTLAKE, BAY BOULEVARD AND TOWN CENTRE,
DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS AND SETTING JUNE 7, 1994 AT 4:00 P.M.
AND JUNE 14, 1994 AT 6:00 P.M. AS THE DATES AND TIMES
FOR THE PUBLIC HEARINGS
WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California
Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and
Chula Vista Municipal Code Chapter 17.07, the City Engineer prepared and filed the annual
reports for all existing Open Space Maintenance Districts in the City; and,
WHEREAS, these reports were prepared by the City Engineer or under his direction and
are presented to Council for approval in order to proceed with public hearings set for June 7
and 14, 1994, in accordance with the Landscaping and Lighting Act of 1972". The reports
cover the following districts:
1. Open Space District Nos. 1-9, 10, 11, 14, 15, 17, 18, 20, 23, 24, and 26
2. Eastlake
3. Bay Boulevard and Town Centre Landscaping Districts
WHEREAS, the Parks and Recreation Department conducted an informal meeting for
all property owners within each district in January at which time staff explained the proposed
budget; and,
WHEREAS, the proposed assessments for Fiscal Year 1994-95 are as follows:
/7-/?
TABLE 2
LAST FY VS. THIS FY ANNUAL ASSESSMENT AND % CHANGE
% Incree..
FY 93-94 FY 94-95 .. FY 94-96 FY 94.95
OSO A.....m.nt/EDU A.ee..ment/EDUl31 Decree.. COST IEDUl31 Revenue
1 $78.86 $77.70 -1% $73.00 $61.605
2 32.44 39.54 22% 46.00 9.642
3 250.90 267.06 6% 279.00 33,915
4 197.08 282.94 44% 265.00 59.415
5 224.22 243.12 8% 277 .00 29.659
6 128.00 136.26 6% 143.00 22.071
7 87.58 95.86 9% 114.00 9.968
8 430.94 430.94 0% 446.00 47.403
9 92.88 111.42 20% 137.00 42,784
10 25.96 63.98 146% 67.00 43.334
11 61.22 63.58 3% 67.00 110.403
14 254.74 270.35 6% 289.00 236.101
15 234.24 234.24 0% 245.00 13.352
17 124.74 124.74 . 0% 132.00 5.738
18 303.34 321.40 6% 330.00 124.559
20m 229.26 228.22 0% 311.76 450.154
23 0 335.70 12'1001 N/A 306.00 18.799
24 210.98 495.73 135% 528.00 19.629
26 359.00 394.30 ,. 10% 356.00 7.491
Bay Blvd. 1.000.80 889.00 '" -11% 1,421.00 8,900
Town Centre 43.58 45.56 '" 5% 52.00 45,567
EASTLAKE MAINTENANCE
DISTRICT NO.1
Zone A - Eastlake I 6.98 9.50 36% 11.35 69.792
Zone B . Eastlake Greens 10.64 14.86 40% 16.65 29.032
Zone C - Olympic Training Ctr 0 126.92 N/A 126.54 63.455 '"
Zone 0 - Salt Creek I 441 6.98 370.00 N/A 371.85 172.639
IllSee Engineer's Report for amortized costs
I21Reserve is at 10%
I3JBased on preliminary budgets
141lncludes prorata share of Zone A
l6lPer benefit unit
llIlPer acre
171The Olympic Training Center is the sole contributor to this zone
"" Reserve is at 20%.
/7 -/7
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the Engineer's reports for the FY 1994-95 spread of assessments for
City Open Space Maintenance Districts 1-9, 10, 11, 14, 15, 17, 18, 20, 23, 24, and 26,
Eastlake, Bay Boulevard and Town Centre, a copy of which is on file in the office of the City
Clerk, and declare its intention to levy and collect assessments.
BE IT FURTHER RESOLVED that the City Council does hereby set June 7, 1994 at
4:00 p.m. and June 14, 1994 at 6:00 p.m. in the Council Chambers, City of Chula Vista, 276
Fourth Avenue, Chula Vista, California as the dates and times for the public hearings on said
assessments.
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. The contact person is Donna Snider and she can be reached @ 691-5266.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said
assessments pursuant to Government Code Section 6063.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
Bruce M. Boogaard
City Attorney
17-/Y
.
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 5th day of April, 1994, by the following vote:
YES:
Councilmembers:
Fox, Horton, Moore, Rindone, Nader
NOES:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ABSTAIN:
Councilmembers:
None
Tim Nader, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA)
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution Nos. 17447 and 17449 were duly passed, approved, and adopted
by the City Council at a regular meeting of the Chula Vista City Council held on the 5th day
of April, 1994.
Executed this 5th day of April, 1994.
Beverly A. Authelet, City Clerk
) 7-J~
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ClN OF
CHUlA VISTA
OFFICE OF THE CITY CLERK
TELEFAX COVER LETfER
Telecopier No. (619) 425-6184
DATE:
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PUBUCATION DATE: '-II, to
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If all pages are not received, please call Lorna @ (619)691-5041.
/7/2(/
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619} 691-5041
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item } (
Meeting Date 6/7/94
Resolution I '7.5'/ 7 Accepting bids and awarding contract for
"The Widening of Broadway between 'I' Street and 'L' Street in the City
of Chula Vista, CA (ST-130) and appropriating funds therefore.
Director of Public wor~!?r~
City Manager db ~ (// (4/Sths Vote: Yes--X-No_)
SUBMITTED BY:
REVIEWED BY:
At 2:00 p.m. on May 18, 1994, in Conference Rooms 2 and 3 in the Public Services Building,
the Director of Public Works received sealed bids for "The Widening of Broadway Between 'I'
Street and 'L' Street in the City of Chula Vista, CA (ST-130)." The work includes traffic
control, removal and disposal of eX,isting improvements, relocation of existing facilities,
excavation and grading, asphalt concrete pavement, curb and gutter, curb, cross gutter,
sidewalk, pedestrian ramps, driveways, concrete curb at rear of sidewalk, manholes, walls,
adjustment of manholes, various drainage inlets and structures, shoring, reinforced concrete
pipe, pre-cast reinforced box culverts, street lighting, traffic signals, pavement striping and
signing, street survey monuments, traffic interconnect, sewer laterals, construction surveying,
protection and restoration of existing improvements and construction of all pertinent work and
other work as may be necessary to render the above improvements complete and workable.
RECOMMENDATION: That Council:
1. Accept bids and award contract to L. R. Hubbard in the amount of $2,831,378.00;
2. Appropriate $282,778.21 from the unappropriated balance of Fund 253 Transportation
Partnership Funds to CIP project, ST-130 Street Reconstruction - Broadway, 'I' Street
to 'L' Street.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
During the FY 1993-94 Capital Improvement Program (CIP) budget process, Council approved
funding to widen Broadway from 'I' Street to 'L' Street. Portions of Broadway north and south
of this project's limits have already been widened. Subsequent to approval of the budget, staff
prepared the plans and specifications necessary for construction of the project. Earlier this year
in February, as part of the design process, staff sent notification letters to all property owners,
tenants and merchants potentially impacted by this project. Letters were also sent to the
Broadway Business Association and the Chula Vista Chamber of Commerce.
On Wednesday, March 2, 1994, staff met with the people earlier notified, and at this meeting,
many of the merchants and tenants voiced concerns about the impacts the construction activities
I?'/
Page 2, Item
Meeting Date
rl
6/7 /94
will have on their businesses and they provided suggestions as to how the impacts could be
diminished.
As a result of this meeting, staff included in its design plans and specifications measures to
mitigate the concerns of the property owners and tenants. On March 22, 1994, City Council
held a public hearing on the widening of Broadway from 'I' Street to 'L' Street and approved
Resolution 17432 directing staff to complete the design and finalize plans for the widening of
Broadway from 'I' Street to 'L' Street. As a result of that public hearing, staff incorporated
additional measures proposed by the property owners and the Council into the fmal specifications
and design plans. After the plans and specifications were completed and the project advertised
two sets were taken to the Broadway Business Association and a presentation on the project was
made. There were about 20 members in attendance at the meeting with no major problems
expressed. Also 5 or 6 other property owners have visited the Design Section to go over the
plans and specifications and ask questions. They all appeared satisfied with the meeting. A
Copy of this agenda statement will be sent to the Chamber of Commerce and the Broadway
Association.
Bids for construction of the project were received from four contractors, and they are as follows:
CONTRACTOR
1. L. R. Hubbard Construction Co. - San Diego, CA
2. R. E. Hazard Construction Co. - San Diego, CA
3. Southland Paving, Inc. - Escondido, CA
4. Daley Corporation - San Diego, CA
BID AMOUNT
$2,831,378.00
2,965,613.00
3,007,950.00
3,333,333.00
The low bid by L. R. Hubbard Construction Co. is above the engineer's estimate of $2,446,400
by $384,978.00 or 15.7%. The basis for our estimate was the bids received for the previous
phases of the Broadway improvement work. Specifically, there were three major areas of
difference between the low bid and the engineer's estimate; they were: 1) demolition,
excavation and grading; 2) drainage improvements; and 3) concrete work.
These significant differences in the cost of this project were apparently as a result of the
conditions incorporated in the specifications that required the contractor to complete the work
within a tight schedule, \4 mile at a time or be penalized. The contractor is required to return
the concrete surface improvements (i.e. sidewalks, driveways) to public use within 10 working
days after the removal.
In addition, the contractor was also required to attend meetings with the business owners on
Broadway and to interact more on a personal basis with individual business owners during the
construction of improvements in front of their businesses.
All these conditions which were not part of the earlier phases of the Broadway improvements
required additional personnel from the contractor and greater accountability. The cost of
meeting these conditions appear to have resulted in the higher bids received for this project.
These conditions, of course, were put in the contract to address the needs and concerns of the
merchants within the project area.
)?{, ~
Page 3, Item
Meeting Date
I~
6/7 /94
Drainage improvements proposed with this project will be built along 'I' Street from Broadway
to 1-5. These improvements will be built as the first order of work from July through October
1994, after which the contractor will cease all construction activities until January 4, 1995. This
schedule dictates that the contractor will have two "move-in" expenditures and this additional
cost is reflected in the bid.
In reviewing the bids, staff had two major concerns: 1) that the contractor satisfactorily met the
Disadvantaged Business Enterprises (DBE) requirements which includes both minority and
women-owned business enterprises, and; 2) that the contractor has satisfactorily demonstrated
that they have constructed similar projects in commercial areas which require coordination with
the area business people.
The contractor has recently completed projects for the cities of San Marcos, Escondido and
Santee. These projects were of greater size than this project and required a lot more
coordination than would be required for this project. We have contacted these agencies and their
recommendations and comments about the contractor have been excellent. The low bidder has
satisfactorily met both of these requirements, and therefore, we recommend awarding the
contract to L. R. Hubbard Construction Co., San Diego.
Disadvantal!ed Business Enterorise Goals
The bid documents for this project require the contractor to have Disadvantaged Business
Enterprises perform 15 % of the work or show a good faith effort by the contractor to solicit
such participation. L. R. Hubbard Construction Co. has met this goal with 15.1 % of the work
being performed by Disadvantaged Business Enterprises. Attached as Exhibit A is a memo from
Juan Arroyo, Housing Coordinator, regarding his review of L. R. Hubbard Construction
Company's effort to meet the DBE participation requirements for the Broadway widening project
between 'I' Street and 'L' Street. His conclusion is that L. R. Hubbard Construction Co. met
the DBE participation goal.
Prevailinl! Wal!e Statement
Sources of funding for this project are the Transportation Sales Tax and Transportation
Partnership Funds. The City Attorney has indicated that with these sources of funding no
prevailing wage requirements were necessary or a part of the bid documents.
Environmental Status
A negative declaration pursuant to CEQA requirements for this project was f1I.ed on April 2,
1993 with County Clerk's office (lS-93-13).
Disclosure Statement
A copy of the Contractor's Disclosure Statement is attached.
/0" .:J
Page 4, :Item
Meeting Date
J<t
6/7 /94
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount
B. Contingencies (approximately 5 %)
C. Relocation of Water Facilities (approximate)
D. Right-of-Way Expenses (appraisal, acquisition, and cost) (approximate)
E. Materials and Lab Testing
F. Staff Costs (construction inspection, traffic inspection, design)
TOTAL FUNDS REQUIRED FOR CONSTRUCTION
FUNDS AVAILABLE FOR CONSTRUCTION
$2,831,378.00
141,568.90
300,000.00
62,500.00
40,000.00
179.800.00
$3,555,246.90
A.
B.
Street Reconstruction - Broadway 'I' St. to 'L' St. - Funds - ST-130
Appropriation of funds from Unappropriated Balance of Fund 253
Transportation Partnership to CIP project ST -130, Street Reconstruction
- Broadway, 'I' Street to 'L' Street
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION
$3,272,468.69
282.778.21
$3,555,246.90
FISCAL IMPACT: Funding used for this project will come from the TransNet funding program
financed by Proposition A (1/2 cent sales tax) and Transportation Partnership Funds. Upon
completion of the project, it will require routine City maintenance involving street sweeping, cleaning
of storm drain system, replacement of street light bulbs, etc.
The project on Broadway between 'I' Street and 'L' Street is in cycle 4 of the State/Local
Transportation Partnership Program (SLTPP) and the City must award the contract by June 30,1994
in order to qualify for reimbursement under the SLTPP. The reimbursement matching ratio is
22.43 % of the construction cost or $568,396, whichever is less. The anticipated reimbursement to
the City is approximately $568,396.00.
File: AX102-6
WPC M:\HOME\ENGINEER\AGENDA\1943.94 ~
Attachments: Contractor's Disclosure Statement ~...~
Memo from Juan Arroyo, H;t)lIf~inator
I~' 0/ 11~-5
RESOLUTION NO.
J75J?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BID AND AWARDING
CONTRACT FOR THE WIDENING OF BROADWAY BETWEEN
"I" STREET AND "L" STREET IN THE CITY OF CHULA
VISTA, CA. (ST-130) AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, at 2:00 p.m. on May 18, 1994, in Conference
Rooms 2 and 3 in the Public Services Building, the Director of
Public Works received the following four sealed bids for "The
Widening of Broadway Between 'I' Street and 'L' Street in the City
of Chula Vista, CA (ST-130)":
3.
L. R. Hubbard Construction Co. - San
Diego, CA
R. E. Hazard Construction Co. - San
Diego, CA
Southland Paving, Inc. - Escondido,
CA
Daley Corporation - San Diego, CA
BID AMOUNT
$2,831,378.00
CONTRACTOR
1.
2.
2,965,613.00
3,007,950.00
4.
3,333,333.00
WHEREAS, the low bid by L. R. Hubbard Construction Co. is
above the engineer's estimate of $2,446,400 by $384,978.00 or
15.7%. and specifically, there were three major areas of difference
between the low bid and the engineer's estimate; they were: 1)
demolition, excavation and grading; 2) drainage improvements; and
3) concrete work; and
WHEREAS, sources of funding for this project are the
Transportation Sales Tax and Transportation Partnership Funds and
the city Attorney has indicated that with these sources of funding
no prevailing wage requirements were necessary or a part of the bid
documents; and
WHEREAS, a negative declaration pursuant to CEQA
requirements for this project was filed on April 2, 1993 with
county Clerk's office (IS-93-13).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
section 1. That the city Council concurs in the
determination that negative declaration (IS-93-13) was filed on
April 2, 1993 pursuant to the California Environmental Quality Act.
1
/8"('
section 2. That the city council does hereby accept the
bid of L. R. Hubbard as responsive.
section 3. The City council finds that L. R. Hubbard has
clearly made good faith effort to comply with the DBE participation
goals required by Federal regulations for projects using
Transportation Sales Tax and Transportation Partnership Funds, and
has therefore satisfied the DBE participation requirements and has
complied with the City of Chula vista goals.
section 4. The City council awards the contract for the
widening of Broadway between "I" Street and "L" street in the City
of Chula vista to L. R. Hubbard in the amount of $2,831,378.00, the
lowest responsible bidder which submitted a responsive bid to the
approved specifications.
section 5. 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.
section 6. The City Council does hereby appropriate
$282,778.21 from the unappropriated balance of Fund 253
Transportation Partnership Funds to CIP proj ct, ST-130 Street
Reconstruction - Broadway, "I" Street to "L" eet.
Presented by
John P. Lippitt, Director of
Public Works
C:\r8\broadway.12L
2
18"'/
THE CllY OF CIIUIA VISTA DISCLOSURE STATEMENT
u are required to file a Statement of Disclosure of urtain ownership or financial interests, payments, or campaign
ttibutions, on an matters which will require disaetiolWY action on the part of the City Council, Planning Commission,
an other official bodies. The following information must be disclosed:
List the names of an persons having a financial interest in the property which is the subject of the application or
the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
E.~. /lVI/dAM' O(A/pM....
If any person. identified pursuant to (1) above is a corporation or partoership, list the names of an individuals
owning more than 10% of the shares in the corporation or owning any partoership interest in the partoership.
If any person. identified pursuant to (1) above is non-profit organization or a trust, list the names of any person
serving as director of the non-profit orgaDization or as trustee or beneficiary or trustor of the trust.
Have you had more than S2S0 worth of business transacted with any member of the City..,ltaff, Boards,
Commissions, Committees, and Council within the past twelve months? Yes_ NoLIf yes, please indicate
person(s):
Please identify each and every person, including any agents, employees, consultants, or independent contractors
who you have assigned to represent you before the City in this matter.
AJOA/!
.
Have you and/or your officers or agents, in the aggregate, ~tnbuted more than $1,000 to a Coun.cil member in
the current or preceding election period? Yes_ No.J( If y which Council member(s):
r
,~ "0')
1!!!!!!islkJillldas: .Anyi..Mdaal.jinn._ttnm/rip.jcint..........-.u....,..;.,du. ttII)_"';"'_rnuc._.~this
.. adw CDUflry. city "nd aJIIfttl)'. city ....nidpalicy.lIistritt." other poIitiaJI..1HInUiGft. Of' GII1 GthtT 6f'OUP Of' Ml'llbjlHftioA.1I8 as " IInit..
I R I"
It"'y. ..
JR.
· · · (NOTE: Attadl additio
te:
MEMORANDUM
May 24, 1994
SUBJECT:
Cliff Swanson, Deputy Director of Public Works/City
Engineer
Juan P. Arroyo, Housing coordinato~
Minority and Women Business Enterprise Construction
Program - Broadway Widening Project - L. R. Hubbard Bid
Proposal
TO:
FROM:
I have reviewed the L. R. Hubbard Construction Co., Inc. bid
proposal for compliance with the City's Minority and Women Business
Enterprise Construction Program and have determined that the
contractor has provided the necessary documentation to indicate
that the company plans to achieve the City's goals for minority and
women business enterprise participation.
JA:ag
cc: Roberto Saucedo, Senior Civil Engineer
[AG\A:\HUBBARD.MEM]
DISK #9
/ Y'1
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item~
Meeting Date 6/7/94
Resolution / 75/ r Accepting bids, and awarding contract for "The
improvement of Assessment District No. 90-2 (Otay Valley Road, Phases II and
III) from 1,200 feet east of Nirvana Avenue to the northerly limits of Otay Rio
Subdivision in the City of Chula Vista, CA (ST-123)" and appropriating funds
therefore. l ~
Director of Public wor~'1r'
City Manager 1f; 7 {J (4/5ths Vote: Yes~No->
ITEM TITLE:
REVIEWED BY:
At 2:00 p.m. on May 17, 1993, in Conference Rooms 2 and 3 in the Public Services Building, the
Director of Public Works received sealed bids for "The Improvement of Assessment District No. 90-2
(Otay Valley Road, Phases II and ill) from 1,200 feet east of Nirvana Avenue to the northerly limits
of Otay Rio Subdivision in the City of Chula Vista, CA (ST-123)." The work in general includes:
mobilization, traffic control, removal and disposal of existing improvements, clearing and grubbing,
relocation of existing facilities, excavation and compaction, import and compaction, asphalt concrete
pavement, aggregate base, subbase, curb and gutter, sidewalk, driveways, chain link fencing, erosion
control, silt fencing, various drainage inlets and structures, reinforced concrete pipe, street lighting,
median barrier, pavement striping and signing, landscaping and irrigation, street survey monuments,
protection and restoration of existing improvements and relocation of all facilities in conflict with the
proposed improvements. It also includes Otay Valley Road bridge widening improvements crossing
Otay River and the construction of all appurtenances and other work as may be necessary to render
the above improvements complete and workable.
RECOMMENDATION: That Council:
1. Waive minor irregularity in the low bid consisting of the contractor's failure to list all the
subcontractors in the original bid form.
2. Appropriate $871,266.85 from the unappropriated balance of Fund 637, Improvement Fund,
to CIP Project ST-123.
3. Authorize Department of Finance to set up the necessary expenditure accounts in Fund 637,
Improvement Fund and revenue account for the SDG&E payment.
4. Accept bids and award contract to Signs & Pinnick, Inc. in the amount of $2,374,136.70
contingent upon receipt of bond proceeds and approval of the 1994/95 CIP Budget.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
19-/
Page 2, Item J i
Meeting Date 617/94
DISCUSSION:
Background
The widening of Otay Valley Road from 1-805 to the northerly boundary of the Otay Rio Subdivision
has been planned as a phased project. In June 1992, the City Council, by Resolution No. 17204,
awarded a contract for the fIrst phase of the project. Phase I extended from 1-805 to 1,200 feet east
of Nirvana Avenue and is now in progress. The proposed contract will construct Phases II and III.
Phase II will extend from 1,200 east of Nirvana Avenue to the northerly limits of the Otay River
bridge crossing. Phase III will widen the existing 26-foot wide bridge presently being constructed by
the County to a width of 52 feet tying the roadway to the northerly limits of the Otay Rio Subdivision
(see attached map).
Phases I and II were proposed to be funded via the formation of Assessment District 90-2. Phase III
is a separate CIP project approved in the FY 1993-94 budget (STM-319). Bonds for Phase I were
sold in September, 1993 and staff anticipated selling bonds for Phase II in July, 1994. When Council
authorizes the bond sale you will also be requested to approve deposit of those funds into Fund 637,
Improvement Funds to CIP Project ST-123.
Bid Results
Bids for construction of Phases II and III of the Otay Valley Road widening project were received
from fIve contractors as follows:
CONTRACTOR
BID AMOUNT
I. Signs & Pinnick, Inc. - EI Cajon $2,374,136.70
2. W. R. Connelly, Inc. - Spring Valley $2,462,939.12
3. Granite Construction Company - San Diego 2,543,507.00
4. Erreca's Inc. - Spring Valley 2,685,947.00
5. C. W. McGrath, Inc. - EI Cajon 3,274,470.00
The low bid by Signs & Pinnick, Inc. is below the Engineer's estimate of $3,333,774 by $959,637.30
or 28.79%.
The low bid by Signs & Pinnick, Inc. had a minor technical irregularity. The irregularity involved
failure of the contractor to list all the subcontractors to whom the low bidder proposes to subcontract
portions of the work. Although the bidder did not submit a complete list originally, he subsequently
provided a new list showing two additional subcontractors (see attached letter). This irregularity does
not change the status of the original bid for meeting the contractor's DBE requirements. The Council
by approving this resolution will be waiving this minor irregularity in the bid.
1'''.2
Page 3, Item--.L.L
Meeting Date 6/7/94
Disadvantal!ed Business Enterorise Goal
The bid documents require the contractor to have disadvantaged business enterprises perform 15% of
the work or show a good faith effort by the contractor to solicit such participation. Sign and Pinnick
Inc. have disadvantaged business enterprises perform 22% of the work. Juan Arroyo, Housing
Coordinator, has reviewed Signs & Pinnick, Inc. effort to meet the City's DBE participation
requirements for this project. His conclusion is that Signs & Pinnick, Inc. has complied with the City's
goal (See attached memo).
Environmental Status
Phase II - In April 21, 1992, the City Council, by Resolution 16599, certified the final EIR (EIR-
89-01) for Otay Valley Road Phases I & II.
Phase III - The negative declaration pursuant to CEQA requirements for Phase III was filed on
October 8, 1993 with the County Clerk's office (lS-93-39).
Disclosure Statement
Attached is copy of the contractor's disclosure statement.
Prevailinl! Wal!e Statement
This project will be funded from various sources (see Financial Statement, below). Prevailing wage
scale as those determined by the Director of Industrial Relations, State of California are applicable to
this project.
Financial Statement
The project combined two CIP projects: 1) Assessment District No. 90-2, construction of Otay Valley
Road Phases I and II (ST123) and; 2) the construction of Otay Valley Road Phase 3 (STM-319).
Therefore, listed below are the funding requirements based on each of the projects as a separate project.
11-::;
Page 4, Item~
Meeting Date 6/7/94
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION OF OTAY VALLEY ROAD PHASE II
A. Contract Amount (estimated cost for Phase II construction $1,808,136.70
only) ($2,374,136.70 Total Bid - $566,000.00 Phase III)
B. Contingencies (approx. 10%) 180,813.67
C. Add'l. Right-of-Way Expenses for Mitigation Area & roadway 128,600.00
D. Staff Costs (construction inspection, traffic inspection, design 200,000.00
construction)
E. Water meter, and water usage cost to construct and maintain 82,500.00
the landscaping
F. Material and soil testing 75,000.00
G. Monitoring 25,000.00
H. Posting a Permits Bond for $484,000 (State and Federal 18,150.00
agencies) cost
I. Assessment District Costs 180,452.00
Total funds required for construction Phase II $2,698,652.37
Total funds required for construction of Otay Valley Rd. Phase I
Total funds required for construction Phases I & II Otay Valley Rd.
$4,262,926.48
$6,961,578.85
FUNDS AVAILABLE FOR CONSTRUCTION OF
PHASES I AND II PORTION OF OTAY VALLEY ROAD
A. Redevelopment Agency - Otay Valley Project Fund (Fund 621) $338,334.00
(ST-123)
B. Transportation DIP (Fund 621) (ST-123) 106,994.00
C. Appropriation of funds from unappropriated balance of 871,266.85
improvement fund - (Fund 637) to ST-123
D. Bond Series B (pending bond proceeds) 2,490,163.00
E. SDG&E Payment - (Fund 637) 130,000.00
F. Otay Valley Road AD 90-2 (ST-123) - (Fund 637) 3,019,028.00
G. Redevelopment Agency - Otay Valley Project Fund (Fund 996) 5,793.00
(RD-205)
Total funds available for construction $6,961,578.85
19-~
Page 5, Item~
Meeting Date 6/7/94
FUNDS REQUIRED FOR CONSTRUCTION OF OTAY VALLEY ROAD PHASE III
A. Contract Amount (estimated cost for Phase III, $566,000.00
construction only) ($2,374,136.70 Total Bid-
$1,808,136.70 Phase II)
B. Contingencies (approx. 10%) 56,600.00
C. Additional Right-of-Way Expenses for Mitigation Area 38,000.00
D. Staff Costs (construction inspection, traffic inspection, 80,000.00
design construction)
E. Bridge Construction Change Order with the County of 40,000.00
San Diego (estimated cost)
F. Water meter, and water usage cost to construct and 13,500.00
maintain landscaping
G. Monitoring 10,000.00
H. Posting a Permits Bond for $484,000 (State and Federal 6,000.00
agencies) Cost
I. Material and Soil Testing 12,000.00
Total funds required for construction Phase III $822,100.00
FUNDS AVAILABLE FOR CONSTRUCTION OF
PHASE III PORTION OF OTAY VALLEY ROAD
TransNet (STM-319) $68,910.47
Proposed 1994-95 CIP Budget 753,189.53
Otay Valley Road Phase III - Fund 603 STM 319
Total funds available for construction $822,100.00
FISCAL IMPACT: The landscaped slopes in the mitigation area are being maintained by the contractor
for period of 5 years. The restoration and revegetation plan imposed by the State and Federal agencies
require the City to post a 5-year bond to guarantee the completion of the mitigation work. This bond is for
$484,000 and is estimated to cost $18,150 for Phase II and $6,000 for Phase III. At the end of this time,
it is anticipated that staff's work in the area will be minimal because the native plants will be established both
on the slopes and in the mitigation area resulting in no further irrigation of the area or maintenance. The
roadway itself will require routine City maintenance.
I~-s
Page 6, Item ;.q
Meeting Date 6iii?4
Otay Valley Road Phase II and III are included in Cycle 4 and 5 (Phase II and III) respectively, of the State
Local Transportation Partnership Program (SLTPP) known as SB300 funds. The deadline for award of the
project under cycle 4 is June 30, 1994. This program is anticipated to reimburse the City an amount equal
to 22.43% of the construction costs (0.2243 x 1,808,136.70 = $270,985.06) for Phase II or $375,478,
whichever is less, and it is anticipated that 20% of the construction cost for Phase III or approximately
$114,000. These funds will be placed in the Transportation Partnership Fund (Fund 253) for use for future
projects.
Series B Bonds for Phase II construction are estimated to provide $2,490,163 in revenue to Fund 637,
Improvement Fund.
SLH:AO-D88-6, AO-D87-6
WPC M:\HOME\ENGINEER.\AGENDA\1948.94
Attachments: Locator Map
Subcontractor list, dated 5-19-94
Memo - Juan Arroyo, dated 5-24-94 NOTSCANNED
Contractor's disclosure statement NOT SCANNED
/?-t
RESOLUTION NO. / 7.51 r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BID AND AWARDING
CONTRACT FOR THE IMPROVEMENT OF ASSESSMENT
DISTRICT NO. 90-2 (OTAY VALLEY ROAD PHASES II
AND III) FROM 1,200 FEET EAST OF NIRVANA
AVENUE TO THE NORTHERLY LIMITS OF OTAY RIO
SUBDIVISION IN THE CITY OF CHULA VISTA, CA.
(ST-123 AND STM-319) AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, at 2:00 p.m. on May 17, 1993, in Conference
Rooms 2 and 3 in the Public Services Building, the Director of
Public Works receive five sealed bids for "The Improvement of
Assessment District No. 90-2 (Otay Valley Road, Phases II and III)
from 1,200 feet east of Nirvana Avenue to the northerly limits of
Otay Rio Subdivision in the City of Chula Vista, CA (ST-123 and
STM-319)" as follows:
CONTRACTOR
BID AMOUNT
1. Signs & Pinnick, Inc. - EI Cajon $2,374,136.70
2. W. R. Connelly, Inc. - Spring Valley $2,462,939.12
3. Granite Construction Company - San Diego 2,543,507.00
4. Erreca's Inc. - Spring Valley 2,685,947.00
5. C. W. McGrath, Inc. - EI Cajon 3,274,470.00
WHEREAS, the low bid by Signs & Pinnick, Inc. is below
the Engineer'S estimate of $3,333,774 by $959,637.30 or 28.79%; and
WHEREAS, the low bid by Signs & Pinnick, Inc. had a minor
technical irregularity which involved failure of the contractor to
list all the subcontractors to whom the low bidder proposes to
subcontract portions of the work; and
WHEREAS, although the bidder did not submit a complete
list originally, he subsequently provided a new list showing two
additional subcontractor and this irregularity does not change the
status of the original bid for meeting the contractor's DBE
requirements; and
WHEREAS, on Phase II, in April 21, 1992, the City
Council, by Resolution 16599, certified the final EIR (EIR-89-01)
for Otay Valley Road Phases I & II and on Phase III, the negative
declaration pursuant to CEQA requirements for Phase III was filed
on October 8, 1993 with the County Clerk's office (IS-93-39); and
1
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WHEREAS, the bid documents require the contractor to have
disadvantaged business enterprises perform 15% of the work or show
a good faith effort by the contractor to solicit such participation
and signs & Pinnick, Inc. have disadvantaged business enterprises
performing 22% of the work.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. That the City Council certified the Final EIR
(EIR-89-01) for Otay Valley Road Phases I & II and adopted the
Negative Declaration (IS-93-39) for Phase III pursuant to the
California Environmental Quality Act.
Section 2. That the city Council does hereby accept the
bid of signs & PinniCk, Inc. as responsive and waives the minor
irregularity in the low bid consisting of the contractor's failure
to list all the subcontractors in the original bid form.
Section 3. The City Council finds that Signs & pinnick,
Inc. has clearly made good faith effort to comply with the DBE
participation goals required by federal regulations for projects
using federal funds, and has therefore satisfied the DBE
participation requirements and has complied with the city of Chula
vista goals.
Section 4. The city council awards the contract for the
improvement of Assessment District No. 90-2 (Otay Valley Road,
Phases II and III) from 1,200 feet east of Nirvana Avenue to the
northerly limits of Otay Rio subdivision in the City of Chula vista
in the City of Chula Vista, California to Signs & PinniCk, Inc. in
the amount of $2,374,136.70, the lowest responsible bidder which
submitted a responsive bid to the approved specifications,
contingent upon receipt of bond proceeds and approval of the FY
1994/95 CIP Budget.
Section 5. 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.
Section 6. The city Council
$871,266.85 from the unappropriated
Improvement Fund, to CIP Project ST-123.
Section 7. The City Council does hereby authorize
Department of Finance to set up the necessary expenditure accounts
in Fund 637, Improvement Fund and revenue account for the SDG&E
payment.
does hereby appropriate
balance of Fund 637,
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
Bruce M. Boogaard, city
Attorney
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SCALE: NONE
SCALE: NONE
N. PHASE /I
SrA 76-#00 (.
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DrAY VALLEY ROAD '''DENNING
PHASE I, 1/8 1/1 INTERIM CONSTRUCTION
A .
V.O. AO-."
W.O. AO-'.7
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"IGNS -
.;:y t:2INNICK
Ir-GENERAL ENGINEERING CONTRACTORS
~.
Kay 1', 1994
Sbal. Banson
City of Cbul. Vi.t.
276 Pourth Avenue
Chul. Vi.t., CA 91910
u. Subcontr.ctors for Ot.y V.lley Ro.d Pba.. II " III.
Jlabit.t We.t
160 81 V.ll. OpultDo
Vi.t., CA '2083
Babit.t R.stor.tion
Lic . C27-672030
C.l Trens CT-021'41
Phone 598-8671
P.cific Soutbwe.t Biologic.l
Servic.s, Inc.
P.O. Box 985
N.tional City, CA '1'51-0'85
Land.c.pe / Biologi.t
Lic . C21-531247
Phone 477-5333
Summi t Surveyor.
1532 T.vern Ro.d
Alpin., CA '1'01
Surveyors
Lic . RCE-28928
Phon. 561-4600
S.pper Con.truction
P.O. Box 600630
San Diego, CA '2160
Concrete B.rrier
Lic . 1.-228646
C.l Trans 84B150
Phone 280-3650
1
Romero Gen.r.l Con.truction
P.O. Box 4606'6
8.condido, CA '2046
P.ving
Lic . 1.65735'
C.l Tran. .92-B015511
Phone 489-8412
union Pence
P.O. Box .,11983
Santee, CA '2072
Pence
Lic . 575557
Phon. 448-9336
~i.. Bnterpri... Inc.
12135 Roy.l Ro.d
81 C.jon, CA '2021
Bridge St..l
Lic . 310267
Phon. 561-1101
P.yco Sp.ci.lti.., Inc.
120 N. S.cond Av..
Chul. Vist., CA '1910
Striping " Sign.ge
Lic . 2'8637B, C23
Phone t22-1620
Pl.... Dot.. due to en ov.rait. during a frensi.d bid
pr.p.ration, ~ia. end P.yco _r. Dot aubmitt.d with the bid.
k-tik-
Sinc.r.ly,
St.v. Hamilton
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LICENSE No. 299932
685 FRONT STREET
/1/J
(819) 579-8333
EL CAJON, CA. 92020
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MEMORANDUM
May 24, 1994
TO:
Cliff Swansof\, Deputy Director of Public Works/City
Engineer ~
Juan P. Arroyo, Housing coordinato~
Minority and Women Business Enterprise Construction
Program - Otay Valley Road Phases II & III - Signs and
Pinnick , Inc. Bid Proposal
noM :
stlBJECT:
I have reviewed the Signs & Pinnick', Inc. bid proposal for
compliance with the City's Minority and Women Business Enterprise
Construction Program and have determined that the contractor has
provided the necessary documentation to indicate that the company
plans to achieve the City's goals for minority and women business
enterprise participation.
JA:ag
cc: Roberto Saucedo, Senior Civil Engineer
[AG\A:\PINNICK,MEH)
DISK 19
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THE CI1Y OF CIIUlA VISTA DISCLOSURE STATEMENT
You are re!luired to me a Statement of Disclosure of certain ownership or financial interests, payments, or campaign
ltn"butions, on all matters which will require discretionary action on the part of the City Council, Planning Commission.
d all other official bodies. The following information must be disclosed:
-'(
"
1. List the names of all persons having a !inancial interest in the property which is the subject of the application or
the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
MASON PINNICK. JR.
BILL SIGNS. JR.
2. U any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals
owning more than 10% of the shares in the corporati~n or owning any partnership interest in the partnership.
MASON PINNICK. JR.
BILL SIGNS. JR..
3. U any person' identified pursuant to (1) above is non-profit orgaDization or a trUSt, list the names of any person
aerving as director of the non-profit organization or as trUStee or beneficiary or trustor of the trust.
NIA
""""
.
4. Have you had more than S2S0 worth of business transacted with any member of the City staff, Boards,
Commissions, CoDlDlittees, and Council within the past twelve months? Yes_ Non U yes, please indicate
person(s):
S. Please identify each and every person, including any agents, employees, llOIlSUltants, or independent contractors
who you have assigned to represent you before the City in this matter.
Richard M.. Pinnick
.Jerrv N.. LewiR
6. Have you and/or your officers or agents, in the agregate, contn"buted more than $1,000 to a Council member in
the current or preceding election period? Yes_ No.Ja U yes, state which CoUDcil member(s):
· · · (NOTE: Attacb adcIldoaal ...... .. --I')'> · · ·
Sipature of contractor/applicant
, PINNICK. INC. ~
'PDDV N Y~T~ a~~~ UT~V UDV~T JT
Print or type name of coDtractor/applicant
Date: May 17. 1994
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. tmI!!! iI tIoJirtd or: 'My irN/hlidu.l.ji.... _......m,.joi., __... _. _ c1ub.fNl-l_... . ~-. ............._....... _. ,...IitflU.lbil
...., GdIn NIIntl. city end atuItI:ry. tit, rrnmicipfIlity. ~ri4. or .uwr1JOliUotl1llUitU... .,...,. .Iter .,.."., __=-~rl .u..... -..
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d'{emowndu.m
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May 17, 1994
File: AO-088
AO-087
TO: John Goss, City Manager
Bruce Boogaard, City Attorney
Susan Merrill, Acting Director of Finance
Beverly Authelet, City Clerk
Ken Goldkamp, Senior Civil Engineer
FROM: John Lippitt, Director of Public Works
SUBJECf: Resolution - Appropriating funds, accepting bids, and awarding contract for "The
improvement of Assessment District No. 90-2 (Otay Valley Road, Phases II and III)
from 1,200 feet east of Nirvana Avenue' to the northerly limits of Otay Rio
Subdivision in the City of Chula Vista, CA (ST-I23)"
FUNDS REQUIRED FOR CONSTRUCTION OF OTAY VALLEY ROAD PHASE 2
A. Contract Amount (estimated cost for Phase 2 construction only) $1,808,136.70
($2,374,136,70 Total Bid - $566,000.00 Phase 1lI)
B. Contingencies (approx. 10%) 180,813.67
C. Additional Right-of-Way Expenses for Mitigation Area & 128,600.00
Roadway .
D. Staff Costs (construction inspection, traffIC inspection, design 200,000.00
constIuCtion)
E. Water meter, and water usage cost to'construct and maintain 82,500.00
the landscaping
.
F. Material and soil testing 75,000.00
G. Monitoring 25,000.00
H. Posting a Permits Bond for $484,000 (State and Federal 18,150.00
agencies) cost
I. Assessment District Costs 180,452.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $2,698,652.37
PHASE n
TOTAL FUNDS REQUIRED FOR CONSTRUCTION OF OTAY $3,998,735.00
V ALLEY ROAD PHASE 1
TOTAL FUNDS REQUIRED FOR CONSTRUCTION PHASES 1 $6,697,387.37
AND II OTAY VALLEY ROAD
1'1' /3
AO-088; AO-087
Page 2
May 17, 1994
FUNDS AVAILABLE FOR CONSTRUCTION OF
PHASES 1 AND 2 PORTION OF OTAY VAlLEY ROAD
A. Redevelopment Agency - Olay Valley Project Fund $338,334.00
996-9960-ST123
B. Transportation DlF 621-6210-ST123 106,994.00
C. Appropriation of funds from unappropriated ba1ance of 871,266.85
improvement fund to ST-123
D. Bond Series B Fund 637 (pending bond proceeds) 2,490,163.00
E. SDG&E Payment 130,000.00
F. Olay Valley Road AD 90-2 - 637-6370-ST123 3,019,028.00
G. Redevelopment Agency - Olay Valley Project Fund 996-9960- 5,793.00
RD205
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $6,961,578.85
FUNDS REQUIRED FOR CONSTRUCTION OF OTAY VALLEY ROAD PHASE 3
A. Contract Amount (estimated cost for Phase 3, . $566,000.00
construction only)
($2,374,136.70 Total Bid - $1,808,136.70 Phase m
B. Contingencies (approx. 10%) 56,600.00
C. Additional Right-of-Way Expenses for Mitigation Area 38,000.00
D. Staff Costs (construction inspection, traffic inspection, . 80,000.00
design construction)
E. Bridge Construction Change Order with the County of 40,000.00
San Diego (estimated cost)
F. Water meter, and water usage cost to construct and 13,500.00
maintain landscaping
G. Monitoring 10,000.00
H. Posting a Permits Bond for $484,000 (State and Federal 6,000.00
agencies) Cost
I. Material and Soil Testing 12,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $822,100.00
PHASE m
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AO-088; AO-087
Page 3
May 17, 1994
FUNDS AVAILABLE FOR CONSTRUCTION OF
PHASE 3 PORTION OF OTAY VALLEY ROAD
TransNet 603-6030-STM319 $68,910.47
Appropriation of funds from unappropriated balance of Fund 753,189.53
FY 1994/95 to CIP STM-319, Otay Valley Road
Phase ill
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $822,100.00
WPC M:\HOMElENGlNEERIAGENDA\l948.94
/'
17--/ )
Council Agenda Statement
Item: 20
Meeting Date: June 7, 1994
Item Title:
Submitted by:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA URGING THE CALIFORNIA STATE LEGISLATURE TO
ADOPT LEGISLATION PERMITTING OR REQUIRING JUDGES TO
PRESCRIBE CORPORAL PUNISHMENT FOR REPEAT GRAFFm
OFFENSES. n~
Bruce M. Boogaard, City Attorney ,QW
With Research Assistance by Michael B. Karp, Legal Intern ~
4/5ths Vote: () Yes (X) No
Tickler No. 2894
The attached report sets forth the legal opinion and policy advice of the City Attorney
concluding that, under carefully articulated circumstances, the Federal and State Constitutions
permit mild, non-arbitrary corporal punishment for repeat graffiti offenders.
Recommendation:
Do not adopt the attached resolution.
Boards and Commissions Recommendation:
Not applicable
Discussion:
We have been asked to research whether the City or the State has legal authority to
require or permit public or private corporal punishment to be meted out for repeat graffiti
offenders.
I. Overview
Le~al Issues:
We identify the legal issues inherent in such an inquiry to be as follows: (1) Does the
Federal Constitution impose any restraint on corporal punishment? (2) Does the State
1
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Constitution impose any such constraint? (3) Has the State exercised control over the crime of
vandalism and punishment to the extent that the State has preempted a general law or charter law
city's authority from establishing a punishment for graffiti?
The focus of our analysis herein is on what may be legally permissible. However, in
determining what would be legally permissible, we uncovered such a wealth of intertwined
social, practical and other policy considerations that a legal conclusion could not be complete
without a presentation to you of such additional matters.
Overall Lel.':al Ooinion
It is my opinion that a limited ("mild"), precisely articulated, form of corporal
punishment, in public or private, for conyicted graffiti criminals, especially repeat offenders,
would be constitutionally permitted by state legislation, but not City ordinance, provided that:
1. Potential for Abuse Eliminated. The circumstances for prescribing such punishment
is precisely articulated, and the punishment is administered, in such a manner to avoid
the potential for individualized, discretionary abuse;
2. Equally Administered. The punishment is even-handedly administered among similar-
ly situated convicted graffiti vandals;
3. Proportionality to Offense ("Unusualness"). The punishment prescribed is in rational
proportional to the offense committed;!I
4. Lesser Punishment Not Effective. The State legislature imposes a requirement that
the sentencing judge determine, prior to imposing a sentence of spanking, that a lesser
form of punishment is not effective in achieving deterrence.
5. Cruelty. Is not so intense as to cause disability, disfigurement or unusually intense
pain; and,
The foregoing criteria is the distillation of various cases which, on an ad hoc basis, have
generally determined that a given punishment is cruel and/or unusual if it is of such a harsh
nature as to shock the conscience. Under this ad hoc standard (which is the court's perception
of public acceptability of a punishment), mild forms of spanking juveniles or young adults for
1. This requirement of proportionality between crimes and punishment is a technically difficult
one to analyze. It is beyond the scope of this opinion, and my expertise, to provide an analysis'
of all existing punishments for all defmed crimes and determine how spanking for graffiti fits
into that spectrum. This is a matter that will have to be left to the State Legislature and the
judicial system.
2
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graffiti is not so much different from what parents may do to their children for other types of
prankish behavior that it would not shock the conscience of the average American citizen.Y
As the severity of the punishment for graffiti increases, so also will the chance that it will
be held unconstitutional. A more intense form of pain inducement that might leave scars or
other disfigurement would clearly shock the conscience to the point of unconstitutionality. For
example, it is my opinion that caning of the type administered in Singapore, where would be
unconstitutional in this country.
However, before you make a final decision with regard to this matter, please consider
the policy matters presented at the end of this opinion letter.
- II. Legal Analysis
The following is our legal analysis upon which the overall legal conclusion, stated above,
is based.
A. Eighth Amendment
Ei~hth Amendment
The Eighth Amendment provides as follows:
"Excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual
punishments inflicted. "
The Eighth Amendment Ril!hts Attach In the Criminal Justice System
The most recent case in which the United States Supreme Court addressed the constraints
of the Eighth Amendment in the context of corporal punishment was a school discipline case
called Ingraham v. Wright. 'J! In one of the student cases before the Court, a Florida junior high
school student had been struck over twenty times with a paddle because he was slow to respond
to a teacher's instructions.~' The Court ruled that the Eighth Amendment was intended to apply
2. The failure of the recommended punishment to shock the conscience is further documented
by the popular support being registered across the nation for the plan of corporal punishment for
graffiti.
3. 430 U.S. 651, 51 L.Ed 2d 711, 97 S.Ct 1401 (1977).
4. Inl!raham at 1405.
3
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within the context of a "criminal" justice system, and was not intended and did not apply to
students in the educational system.~
Use of corporal punishment on juveniles incarcerated in state schools has been addressed
by the West Virginia Supreme Court in State v. Werner.~ That Court concluded that certain
punitive practices such as slapping, beating, kicking, or otherwise abusing the juveniles in state
institutions violated the cruel and unusual punishment clause of the Constitution. This was heard
a year after the In~raham decision, and the Ine:raham decision was essentially ignored as
inapplicable by the West Virginia Supreme Court on the grounds that, in the case before them,
incarceration in a state school was sufficiently part of the criminal justice system for the Eighth
Amendment to attach. While their decision was without reference to the Ingraham decision, it
is nevertheless consistent the decision in In~raham.
Since the proposal before us involves the application of corporal punishment for crimes
of graffiti vandalism, it would likely be considered a punishment administered in the context of
the criminal system, and hence (1) the rule of the Ine:raham case would not be applicable; (2)
Eighth Amendment rights to be free from cruel and unusual punishment would apply; (3) any
such corporal punishment would have to comply with the requirements of the Eighth Amendment
that such punishment not be cruel and unusual.
Proponents desirous of exempting corporal punishment legislation from the constraints
of the constitution may try to fall within the In~raham exception by advancing the following two
arguments:
Permit COq>Oral Punishment as a Condition to Probation
5. In arriving at this conclusion, the Court analyzed the intent of the drafters of the amendment,
and addressed the limitations of what constitutes cruel and unusual punishment.
The Court's conclusion that the cr;uel and unusual punishment clause was designed to
protect only those convicted of crimes resulted from both an historical and literal analysis.
When examining the language of the 8th amendment other than the cruel and unusual phrase,
both excessive fines and bail were seen to address concerns of criminals. Ingrahm v. Wri~ht,
430 U.S. 651,51 L.Ed 2d 711,97 S.Ct 1401, 1408 (1977). The Court noted that historically,
the intent of the framers was to limit the ability of legislature to arbitrarily adopt punishments
disproportionate to crimes committed. The language was adopted from the English Bill of
Rights which originally contained the phrase "in criminal cases" in the first draft. Ine:rahm at
1409. The Court concluded, therefore, that the drafters likely intended the entire amendment
was for the protection of criminals from the imposition of unjust punishments. Ine:rahm at 1409.
6. 161 W.Va. 192,242 S.E.2d 907 (1978).
4
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(a) "Probation" may be considered an option available to the defendant convicted of a
crime in that he could accept probation in lieu of jail time and/or pay a fme prescribed by the
Court. As such, it could be argued that probation, and the conditions imposed on the right to
probation, are a "diversion" from the criminal justice system, not part of it.l1 If such were
successfully argued, a law which permitted the guilty vandal the option of taking his "spanking"
at the public or private stockade in lieu oCthe jail or fine typically administered in the criminal
justice system would fall within the exemption created by Ingraham and outside the protections
of the Eighth Amendment.!'
The Juvenile Ward System MlIj' Not be Part of the Criminal Justice System
(b) Most graffiti vandals are minors who are subject to a completely different
disciplinary process than adults.21 Under the California legislative scheme, minors who violate
the law are not convicted of crimes--they are determined to be wards of the Court.!Q1 Although
7. This is the basis by which hours of community service is offered to misdemeants in lieu of
jail time. Penal Code Section 594.6 provides:
"Every person who, having been convicted previously of vandalism or affixing graffiti
on two separate occasions, is subsequently convicted of vandalism under section 594,
may be ordered by the court as a condition of probation to perform community service
not to exceed 300 hours."
8. A problem with this "condition of probation" approach, however is that, if the spanking is
optional and preferred by the defendant to doing the time, the time would have the greater
deterrent value, not the spanking. Then, spanking would more significantly serve the value of
retribution than of deterrence.
9. Juvenile Court Law is contained in chapter 2 of the Penal Code, section 202 provides:
"The purpose of this chapter is to provide for the protection and safety of the public and
each minor under the jurisdiction of the juvenile court. Juvenile courts and other public
agencies charged with enforcing, interpreting and administering the juvenile court law
shall consider the safety and protection of the public and the best interests of the minor
in all deliberations pursuant to this chapter. "
California courts have interpreted this section of the code as being, "designed to
rehabilitate and treat, rather than to punish." In re Carrie W., 152 Cal.Rptr. 690, 89 C.A.3d
642 (1979).
10. California Penal Code section 203 provides:
(continued...)
5
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the In~raham Court did not address such a possibility, the In!?:raham holding could be further
refined and extended by providing that the State's juvenile ward system is not part of the
criminal justice system to which the Eighth Amendment attaches just as Florida's juvenile
education system is not part of the criminal justice system to which the Eighth Amendment
would attach.
Despite the possible advancement of such arguments, the Eighth Amendment protections
will probably be held to apply to corporal punishments administered either as conditions of
probation or in the juvenile ward system because: (1) there is an illogic in protecting hardened
felons!!1 more than mischievous vandalizing children;llI and (2) the criminal-like rights and
procedures used in the California juvenile justice system make it more like the juvenile
delinquent institutions in the Wernerlll case and the Jackson~1 prison case than the
educational discipline system in the In~raham case.
Hence, it is my opinion that a juvenile in the California juvenile ward/justice system will
be given the protection of the Eighth amendment, and that any corporal punishment must
conform to its standards.
Requirements/Standards of the Ei&hth Amendment
What then are the standards for corporal punishment imposed by the Eighth Amendment?
There has been criticism of the American judicial system for failure to enunciate
comprehensive standards upon which a given punishment can be held to be cruel and
unusual.llI The United States Supreme Court has addressed the issue of cruel and unusual
10. (...continued)
"An order adjudging a minor to be a ward of the juvenile court shall not be deemed a
conviction of a crime for any purpose, nor shall a proceeding in the juvenile court be
deemed a criminal proceeding."
11. Discussed below is the case of Jackson v. Bishop, 404 F.2d 571 (1968), a case decided 8
years prior to Ingrahm, where corporal punishment administered to prisoners in a state penal
institution for violation rules of discipline, was held to violate the Eighth Amendment.
12. In his dissent, Justice White said: "Where corporal punishment becomes so severe as to
be unacceptable in a civilized society, I can see no reason that it should become any more
acceptable just because it is inflicted on children in the public schools." In&rahm at 1423.
13. 161 W. VA. 192,242 S.E.2d 907 (1978).
14. 404 F.2d 571 (1968), discussed below.
15. See Boston College International and Comparative Law Review (Winter), "Corporal
(continued...)
6
dlo-(P
punishment a number of times when weighing the constitutionality of the death penalty, and in
the process, made efforts towards identifying constitutional standards for acceptable punishment.
Yet, the applicability of these standards to graffiti vandals is questionable. Nevertheless, it is
the only insight we have into a possible decision by the Supreme Court on the issue of corporal
punishment for graffiti offenders.
In a highly fractionalized opinion,W the Supreme Court, in Furman v. Georgia,!1I
determined that absolute and unguided discretion in the sentencing of an individual facing the
death penalty is a violation of the cruel and unusual punishment clause of the Eighth
Amendment. The Georgia statute at issue, prescribing the dea1th penalty, was structured such
that it could selectively be applied to a defendant based upon the prejudices of a judge or jury,
and this was unconstitutional.
Justice Brennan, in his concurring .opinion, outlined some of the principles used by the
American jurisprudence to determine whether a particular punishment is "cruel and unusual."
"The test will ordinarily be cumulative. If a punishment is unusually severe,!!1 if there
is a strong probability that it is inflicted arbitrarily,ll' if it is substantively rejected by
contemporary society,:!QI and if there is no reason to believe that it serves any penal
purpose more effectively than some less severe punishment, then the continued infliction
of that punishment violates the command of the clause that the state may not inflict
inhumane and uncivilized punishments upon those convicted of crimes. -ow
15. (...continued)
Punishment in the United Kingdom and the United States: Violation of Human Rights or
Legitimate State Action?", Wallace J. Mlyniec (1985).
16. In this case, out of nine justices, there were 5 concurring opinions and 4 dissenting
opinions.
17. 408 U.S 238, 33 L.Ed 2d 346, 92 S Ct 2726 (1972).
18. Scars and/or disfigurement will need to be avoided. Hence the "spank" may have to be
administered with surgical precision to achieve maximum deterrent effect without permanent
physical injury or damage. To be safe, the receipt of pain should be measurable before the
spanking is administered.
19. To avoid discretion between spankers, or discrimination of a individual spanker against the
spankee based on race, religion, etc., the spank would better be administered by a machine.
20. I suggest that spanking children for acting out does not offend contemporary society.
21. Furman v. Georgia, 408 U.S 238, 281; 33 L.Ed 2d 346; 92 S Ct. 2726, 2748 (1972).
(continued...)
7
d.O-7
( '~ /)
In response to, and in an apparent misreading of, the Furman decision, many states with
prisoners on death row amended their capital punishment statutes to include mandatory death
sentencing procedures designed to eliminate the possibility that the sentence would be imposed
arbitrarily.
A subsequently enacted North Carolina statute, in response to the Furman decision, which
imposed mandatory death sentencing for specified offenses was found to be unconstitutional as
well. Woodson v. North Carolina}~' The Court concluded that the mandatory penalty for first
degree murder failed to "replace arbitrary and wanton jury discretion with objective standards
to guide, regularize, and make rationally reviewable the process for imposing a sentence of
death. "ll'
Finally, in Gre~g v. Georgia,~' the U.S. Supreme Court affirmed the death penalty
after Georgia had amended its statute to prevent arbitrary sentencing. While the new statute did
provide for some discretion of the judge or jury, legislative standards were set forth requiring
the weighing of aggregating and mitigating circumstances. In addition a separate sentencing
authority was adopted which further reviewed the decision using the same standards to assure
no arbitrary sentencing occurred.;12'
Ap'plicability of Death Penalty Standards to Vandal SDanking
The death penalty cases obviously differ from vandal spanking in the degree of severity--a
factor that mayor may not undermine the applicability of principles or legal standards
formulated by the Court in death penalty cases to determine constitutionality in the vandal
spanking case. However, it is reasonable to believe that the Court would apply similar standards
for vandal spanking, albeit with a little more latitude than that applied in reviewing death penalty
cases to date.w
21. (...continued)
Justice Brennan was one of only two justices to dissent from the determination in Gre~~ v.
Geor~ia that a properly articulated death penalty law was not prohibited by the Clause.
22. 428 U.S. 280, 49 L Ed. 2d 944, 96 S Ct 2978 (1976).
23. 90 L Ed. 1001, 1026, paraphrasing Woodson v. North Carolina, 428 U.S. 280, 49 L Ed.
2d 944, 96 S Ct 2978 (1976).
24. 428 U.S. 153, 49 L.Ed 2d 859, 96 S.Ct 2909 (1976).
25. 90 L.Ed.2d 1001, 1030 from Gre~g v. Georgia, 428 U.S. 153, 49 L.Ed 2d 859, 96 S.Ct
2909 (1976).
26. For example, as to the standard of disproportionality, it would probably be unconstitutional
(continued... )
8
~o-<;?
In fact, similar Eighth Amendment standards have been applied in cases of corporal
punishment less severe than death by lower courts.
An earlier Eighth Circuit Court, in Jackson v. Bisho..p,l1/ held that use of whipping strap
as a disciplinary device in an Arkansas prison for violation of prison rules violated the limits of
the "cruel and unusual punishment" provision of the Eighth Amendment.
The Jackson Court observed the following defects with prison strapping: the State could
not avoid the possibility of abuse; the State could not assure the equal administration of the
punishment either unintentionally or intentionally based on prejudices; the State could not control
the harshness of the stappings without regulation as to number of beatings or application of
intensity; the State could not justify the need for the disciplinary tool in the absence of proof that
there were lesser yet effective punishments available.ll/
Conclusion Regarding the Eie:hth Amendment
It is therefore the legal judgment of this author that the imposition of any corporal
punishment must conform to the Eighth Amendment standards outlined hereinabove, perhaps
with greater latitude for vandal spanking than for death. Therefore, with careful planning and
design of the punishmen@2/, and a detailed procedural process in place, the proposed vandal
spanking punishment would not be considered cruel and unusual and thus not be found
unconstitutional under the Eighth Amendment of the Federal Constitution.
B. State Constitutional Constraints
Does the State Constitution bar public corporal punishment for graffiti?
The State Constitutional prohibition of cruel or unusual punishment will be interpreted
coterminous with the Eighth Amendment of the Federal Constitution, and therefore will similarly
not bar mild forms of corporal punishment for convicted graffiti criminals.
California Constitution, at Article 1, Section 17 provides:
26. (. ..continued)
to spank a first time, single act graffiti offender 50 times and a repeat, multiple act offender 10
times.
27. 404 F.2d 571 (1968).
28. Id., at page 579-580.
29. As set forth in the Executive Summary.
9
010- q
"Cruel QI unusual punishment may' not be inflicted or excessive fines imposed. (emphasis
added)
The California Constitution differs from the Federal Constitution in regards to its
language applicable to the constitutionality of corporal punishment. Article 1, Section 17
prohibits cruel QI unusual punishment and the Eighth Amendment of the Federal Constitution
prohibits cruel and unusual punishment. Earlier cases~ made a point that the drafters of the
California Constitution selected the disjunctive form intentionally, thereby intending to establish
an easier standard by which a punishment could be declared unconstitutional. A form of
punishment could be disqualified if it were cruel (such as death) even if it were commonly
administered (thereby "usual").
However, recent California court decisions concerning this matter conclude that the
standard created by the California Constitution is coterminous with the language of the Eighth
Amendment of the Federal Constitution.1!l
Therefore, the permissibility of corporal punishment in California state constitution likely
would follow the same analysis as the Federal Constitution.
C. S'tate Preemption
Does the California legislature's occupation of the field of regulation relating to
vandalism and punishment for vandalism preempt any regulation of graffiti or punishment for
graffiti by a local municipality?
Yes, any municipal attempt to specify the punishment for graffiti would be invalid under
the state preemption doctrine, and this same conclusion would result without regard to our status
as a charter city.
The concept of State preemption can be explainted as follows: If a state's legislation of
a particular field is not complete, local ordinances may be allowed to supplement the legislation,
so long as there is no conflict. ~I
30. People v. Anderson, 100 Cal. Rptr. 152; 493 P.2d 880; 6 Cal.3d 628 (1972).
31. See PeoJlle v. Celaya, 236 Cal. Rptr. 489, 494; 191 Cal. App. 3d 665 (1987), Brauer,
Concurring opinion. It is this author's belief that the interpretation of the 8th Amendment is
what changed. By virtue of the fact that, as interpreted in the manner herein shown that several
cumulative standards are imposed, the Eighth Amendment is interpreted disjunctively.
Regardless of which changed, the two constitutions, vis a vis this clause, are interpreted
similarly.
32. See citations collected at 45 Cal.Jur.3d, Section 93.
10
~O-IO
As an example of the application' of the state preemption doctrine, the City of Los
Angeles attempted to adopt an ordinance requiring criminal registration in 1960. The municipal
regulation was invalidated as being preempted by state law. The court concluded that, "the
Legislature, by adopting laws and regulations covering the indeterminate sentence, probation,
parole, setting aside conviction, and all other rehabilitation laws, has clearly shown its policy
to be that rehabilitation of criminals is a paramount consideration. It thus appears that the penal
system adopted by the state constitutes a complete legislative scheme intended to occupy the
field." Abbbot v. City of Los Angeles.lll
The California legislature has defined the crime of vandalism, a crime which incorporates
acts of graffiti, to include the spraying, scratching, writing on, defacing, damaging or destroying
personal property other then the actors own.HI
The statute also outlines the punishments for the crime. The punishments vary with
respect to the amount of fmancial damage done to the property. At the extreme, if the damage
exceeds $50,000, the vandalism is punishable by imprisonment not to exceed one year in state
prison or county jail, a fine not to exceed $50,000, or both. In addition the statute provides that
the court may order any person convicted of graffiti, at the victim's option, to clean up or repair
the damaged property.lll
This statute was amended in 1993 by a statute known as "The 1993 California Graffiti
Onmibus Bill." It is evident the legislature has examined the problem of graffiti recently and
imposed more severe penalties than those that existed in the past.
The legislature has also addressed the problem of repeat offenders. Penal Code Section
640.6 requires additional community service time as well as harsher penalties for those convicted
multiple times.
At its extreme, subsection (c) provides that offenders who had been convicted previously
on two separate occasions shall be punished by imprisonment in county jail not to exceed one
year. In addition, a possible condition of probation allows for community service, not to exceed
300 hours)~'
The detail with which the California state legislature has outlined the penalties for the
offense of graffiti afford little room for a municipality to adopt more severe penalties without
coming into conflict with State law. Hence, a proposed municipal addition to the punishments
33. 53 Cal.2d 674, 349 P.2d 974,3 Cal.Rptr. 158,166 (1960)
34. California Penal Code, Section 594.
35. California Penal Code, Section 594.
36. Penal Code, Section 640.6 (c).
11
~O-II
for graffiti would likely be invalid. The established state laws would preempt any changes the
municipality adopts thus invalidating any new municipal ordinanC('"
The "home rule" provision of the California constitution, Article 11, section 4, which
grants charter cities such as Chula Vista sOvereignty over municipal affairs beyond the reach of
legislative enactment is applicable only when the subject matter of the ordinance is not one of
statewide concern. California Federal Savings and Loan Association v. City of Los Angeles.lll
The determination of what constitutes statewide concern is a judicial inquiry which
weighs the concerns of the state and the municipality. In our situation, it is my opinion that a
Court would conclude that consistent punishment for crimes is a strong statewide concern and
thus the ordinance would be preempted by the state laws, regardless of the municipality's status
as a charter city.
Current State Statutes Preclude Use of COll'oral Punishment
A municipal ordinance mandating corporal punishment would also be expressly
preempted as a violation of several existing state statutes which make the administration of
corporal punishment to minors and adults illegal.
California State statutes currently on the books demonstrate our State legislature is, or
at least has been, opposed, as a policy matter, to corporal punishment.
Penal Code Section 673 provides: .
"It shall be unlawful to use in the reformatories, institutions, jails, state hospitals or any
other state, county, or city institution any cruel, corporal or unusual punishment or to
inflict any treatment or allow any lack of care whatever which would injure or impair the
health of the prisoner, inmate, or person confined."
The legislature included a similar prohibition in the section of the Penal Code regarding
mistreatment of prisoners.W
Two other sections of the Penal Code prohibit corporal punishment applied to children.
Section 11165.4 prohibits any wilful infliction of cruel or inhuman corporal punishment or injury
on any child which results in a traumatic condition. Section 273d makes it a felony to use
corporal punishment by any person upon a child which results in a traumatic condition.
37. 54 Cal.3d 1, 283 Cal.Rptr.569, 812 P.2d 916 (1991)
38. Penal Code Section 2652.
12
dlO-/~
This is of greater concern as a preemption issue than a legal constraint on the State
legislature since the legislators, when and if they are predisposed to permit corporal punishment
for graffiti, will simply amend the offending sections to be consistent.
Le~al Summary Re~ardin~ Preemption Issue
Hence, while the City can not pass a valid ordinance permitting or mandating sentences
of corporal punishment for graffiti vandals, it has the power to request the State legislature to
consider such legislation in an effort to control graffiti, and the attached resolution (Exhibit A)
will achieve such a result.
Several State AssemblypersonsW have already introduced State legislation~ proposing
mandatory, courtroom, parent-administered paddling (4 to 10 times) on the outside of normal
apparel by a 3/4" thick, 18" long by 6" wide paddle face for first time graffiti vandals. If the
parent paddling is refused or inadequate, the Court bailiff shall step in. A copy of the bill is
attached hereto as Exhibit A. One of the authors, Assemblyperson Conroy, has explained his
position in an article he wrote for the Los Angeles Daily News, a copy of which is also attached
as Exhibit B.
This proposed legislation does not meet the standards herein articulated at least in the
following regards: It is mandatorily required without regard for the medical or psychiatric
precondition of the vandal; there is no right of appeal or review of the sentence before it is
administered; there is no consideration of the severity of the offense committed; there is no
evaluation permitted by the Court of whether lesser punishment will have a greater deterrent
effect; there are no verifiable standards for determining an equality of intensity of the
punishment administered by the parent or bailiff; normal apparel differs in its ability to soften
the blow between something like denim arid silk; the chance for abuse has not been eliminated
inasmuch the punishments may be administered by a bailiff. To complete this analysis, one
'would also need to consider the effect of disproportionality between other crimes and
punishments referenced in Footnote No. 1. Hence, it is my opinion that this proposed
legislation, in its current form, will probably be held to be unconstitutional.
III. Policy Analysis
Implementation Constraints
39. Mickey Conroy (Orange County), Dean Andal (Stockton), Gil Ferguson (Newport Beach),
Paul Horcher (West Covina), Richard Mountjoy (Arcadia), Richard Rainey (Walnut Creek) and
Bernie Richter (Chico); Principal Senate coauthor: Senator Ruben Ayala (Rancho Cucamonga);
Coauthor: Senator Wyman.
40. AB 150.
13
~o- 1..3
Having concluded that the Federal and State constitutions will tolerate a state law
prescribing a form of corporal punishment, I urge you to seek professional and policy advice
from doctors, psychiatrists, and child abuse experts prior to adopting the attached resolution.
Out of concern that you may make a decision on this matter only on the basis of this
opinion and without the chance for receiving other, more competent policy advice from experts
in the field, I feel it is a component of my job to offer you such policy and legal considerations
as I have uncovered in preparing this opinion from legal, medical and psychological experts on
the subject.
By separating the policy from legal advice in this opinion letter, I offer the Council the
opportunity to disregard such considerations, or at least my attempt to articulate them.
Therefore, if one is of the opinion that the City Attorney should not recommend policy advice,
please disregard the remainder of this memo. But I would nevertheless urge you to seek out
other policy advice.~'
This issue is polarizing only on a conceptual level between persons who desire to express
their rage at graffiti and persons who desire to express their compassion for youth. Yet, when
analyzed to its fullest extent by all parties, most will probably agree, somewhere along the
analytical process, that it would be legally ill-advised to implement any such punishment.
COll'ora1 Punishment Would Be Difficult. Potentially Dangerous. and Expensive to
Imolement
In order to meet the foregoing constitutional limitations on cruel and unusual punishment,
it may be necessary to employee extreme precautions, some of which may border on the absurd.
These include: (1) the chance for arbitrary or discriminatory application by the "spanker" must
be eliminated; (2) the degree of pain inflicted has to be relatively constant between persons given
the same sentences; (3) the number of spanks and degree of pain of each spank has to be
proportional to the vandals specific offense and not disproportional considering the relationship
between other typical punishment for crimes involving other or similar degrees of offensiveness
or culpability; (4) the number or intensity of spanks can not be so harsh as to shock the
conscience, result in disability, or cause disfigurement; (5) the sentencing judge must be able
to conclude that a lesser form of punishment is not effective in achieving a deterrent
consequence. Such constraints, at least to the author, may require the following limitations:
1. Lest we assume personal injury liability, surgical precision of the" spank" is required
to avoid the risk of permanent injury to the vandal, as for example, by hitting the
41. As a result of this research project, and examining the social, practical and other policy
reasons for and against corporal punishment, I have become personally convinced that corporal
punishment is an improper solution, and hence have recommended, despite legal permissibility,
against the adoption of the attached resolution.
14
~O-'+
vandal's vertebrae causing paralysis, or genitalia, causing unintended reproductive
damage.~'
2. The potential for prejudicial or discriminatory abuse has to be eliminated, thus
militating against the use of a human spanker who may employ discretion on the basis
of race, creed, color, religion or mere whim in selecting the intensity of the downstroke.
3. Medical examinations must be given to the vandal, particularly to his or her
posterior, to make sure we are not spanking a vandal that, for some patent or latent
medical condition or genetic defect, might be more prone to injury that the average
person would not sustain.
4. Psychiatric examination would eventually be given to the vandal to assure ourselves
that we are not dealing with a vandal which could have long term psychiatric injury from
the spanking event.
5. True equality or even-handedness of administration of the spank would require that
we be able to measure the intensity of pain delivered to the nerve-endings in the posterior
of the vandal.
Adopting corporal punishment as a social policy will thus probably require that we build
and calibrate spanking machines which inflict precise, but variable degrees of pain, at the call
of a judge. These spanking machines would be installed in either our public courtyards or
private spanking chambers throughout the state.
The judge would fIrst call, perhaps during the "spanking" phase of the vandal's trial, for
psychiatric and medical examinations of the vandal to determine the vandal's individual tolerance
to the spanks. The posterior of the vandal would have to be measured for thickness of muscle
and tissue and conductivity of the nerve endings.
At the throne of the spanking machine, the vandal's posterior would have to be exposed
to avoid the contention that exterior clothing or hidden padding altered the intended intensity of
pain. Differences in the "padding" of the posterior between the vandals may have to be
considered in dialing in the machine's pain level.
The vandal would then have to be thoroughly strapped to the spanking machine to avoid
the risk that a last minute sudden movement by the vandal would result in a misdirection of the
paddle causing unintended injury or pain.
42. One of the children beaten in the Ingraham school discipline case suffered a hematoma
requiring medical attention.
15
cto - IS
Despite such precautions, there will no doubt be an error rate where vandals are injured
physically or emotionally for which the State shall have compensatory obligations. Claims of
miscalibration will turn into civil rights violations for which taxpayer money will be dedicated.
COlllora1 Punishment is Inconsistent With Existin~ Policy Directives
Out of our frustration and rage at graffiti vandals, we will have participated in the
retrenchment of our civilization level by building pain inducing machines reminiscent of the
thumb screws and racks of the middle ages to which we will strap our youth naked at the very
same time we are undergoing a national educational effort to stem the generational disease of
child and spousal abuse.
The Jackson Court, cited above, addressed the psychological aspects of punishing criminals
with violence. Citing expert penologists, the Court concluded corporal punishment frustrates
rehabilitative goals by making adjustment to society more difficult. Treatment of criminals with
corporal punishment "generates hate toward the keepers who punish and toward the system
which permits it." Jackson at 580.
The Jackson Court considered the psychological affects of corporal punishment on adult
offenders in concluding that the use of the strap violated the Eighth Amendment. However, it
is likely that the majority of individuals who would be incarcerated for the crime of graffiti
would be juveniles.
The use of corporal punishment on juveniles incarcerated in state schools was addressed by
the Werner"..1I Court, also cited above. Part of reasoning for the court's decision was based
upon the testimony of Dr. Robert P. Hawkin#' which provided:
"If you show little respect for a juvenile's dignity, for his value as a human being, as a
person, than that is what you are teaching him to show other people, whether you intend
to or not. "
The State of De1eware, which seems to be the last state to prescribe public whipping as
an acceptable punishment for certain criminal activity, removed it from their books in the mid-
50's. A recent initiative effort to bring it back five years ago failed due to public sentiment, not
unconstitutionality. ~,
43. 161 W. VA. 192,202; 242 S.E. 2d 907, 912 (1978).
44. West Virginia University Professor of Psychology. Id at p. 202.
45. Per telephone conversation with Paul Wallace, Deputy Attorney, Office of De1eware
Department of Justice on June 3, 1994.
16
c:XO-ICc
Co:t:Poral Punishment Would be of Ouestionable Deterrent or Rehabilitative Value
All the while we will be going to such an effort to control a crime in which a very small
percentage of the perpetrators are caught in the fust place; and we may well be applying such
a watered-down, mild form of punishment to vandals who mark their self-worth among their
peers by the ability to defy authoritt~', face of extreme danger without fear, and perhaps even
by their ability to tolerate pain:!1'. After all, in order to get to their intended targets, graffiti
vandals necessarily travel, frequently at night, streets, back alleys, river beds, drainage channels,
freeways, freeway overpasses, and other similar areas posing great dangers to themselves at the
hand of others. They will often engage themselves in physical dangers such as climbing over
barbed wires or hanging upside down by their ankles.
One must seriously question the conclusion that "spanking" will have any deterrent value.
It will more likely be the case that they will be humiliated more by the "softness" with which
we are required to paddle them, than by the adult observation of the event.
IV. Summary and Recommendation
In conclusion, it is our opinion that corporal punishment, in public or private, for
convicted graffiti criminals, especially repeat offenders, would be constitutionally permitted by
state legislation, but not by City ordinance (because of the preemption doctrine) provided that
the potential for abuse is eliminated, it is equally administered, the punishment is prescribed in
proportionality to the severity of the offense, the legislation requires the sentencing judge to find
that a lesser punishment will not be effective, and it is not so harshly administered as to shock
the conscience.
Currently existing state laws prohibiting corporal punishment would have to be amended
to be consistent with any such new legislation.
From a policy perspective, constitutional administration of corporation punishment will
be difficult to implement civilly; it could be potentially injurious to the recipients; costly
economically and socially; is inconsistent with existing policy directives; and of questionable
deterrent or rehabilitative value.
Accordingly, it is my recommendation that the attached resolution not be adopted.
e:\caning9.wp
46. As evidenced by their graffiti deeds.
47. Such as by a willingness to participate in gang initiation ceremonies.
17
cto- 11
Resolution No.
/7..579'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
URGING THE CALIFORNIA STATE LEGISLATURE TO ADOPT
LEGISLATION PERMITTING OR REQUIRING JUDGES TO PRESCRIBE
CORPORAL PUNISHMENT FOR REPEAT GRAFFITI OFFENSES.
Whereas, the number of graffiti offenses are, and have been,
constantly proliferating in the community of Chula Vista; and
Whereas, the remediation of graffiti is consuming tremendous
public resources thereby depriving the residents of other needed
public services; and,
Whereas, California cities are already suffering a reduction
in revenue sources due to depressed e9onomic conditionsj and,
Whereas, graffiti is
the average person's
participation; and,
destroying property values by virtue of
association of graffiti with gang
Whereas, the rehabilitation costs of repeat graffiti offenders
are escalating and have no apparent effect; and,
Whereas, the residents
frustrated and angry with the
system to stop to graffiti
community; and,
of the city of Chula vista are
inability of the criminal justice
vandalism of property in their
Now, therefore, the city Council does hereby urge the State
Legislature to adopt legislation permitting or requiring, either as
a sentence, or condition of probation, local judges to prescribe
corporal punishment within constitutional limits for repeat
graffit' offenses.
Bruce M. Boogaard,
d-CJ - I ~
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/' ~9posal to Bring Caning to California \
;~'";;.J: ___ &p.:)
,. FaY.'Thereportdellc:ribedhowthe tfL-= .....
"erlcan teen-lIger wall going to. be' ~~ .
" In SIngapore for'lllllClalism. L
"WeIl,lIlIl Ustened. I couldn't help but
beck to my days in the US MarIne
I'JllI aa a YOllng offlcer stationed at
PoInt, N.C. 'There. I heard about
jlubBc corporal puni8hment. 'The process
.. simple. Any juvenile convicted of a
raime wou1d be brought before the judge
'with his parents, and the judge woUld or-
der the parents to paddle the child In
court. He also would warn the parents
that If the paddling wasn't hard enough,
the baiUff would carry out the sentence
for them. 'Then the judge would ba\'e the
name of the juveni1e oft'ender pubUshed in
the local newspaper, This was a very
bwnbUng and palnfu1 experience for the
juveni1e deUnquent.
'Ibla process of swift and sure punish-
ment for criminal. had worked in the
United States since the country's incep-
tion. But becaulle of grollpa like the
American Civil L1bertlell Union, who
eeem to care'more for the crim\naIlI than
I .. the victim&, this practice of practical direct
juellce bas been neglected for the last 25
years.
.'The reeu1t of this neglect WlIlI apparent
lIlI my attention returned to the road and I
looked out the window of my car at mile
after mile of defaced signa and waDs. 'Ibla
eo<:aIIed art form was a reeu1t of grallitI
tagger8 who had ablIolutely no reepect for
0\11' 1awlI or the cost to the ~ to
dean up the eyeeore. ,
YOII eee. we no 10nger'eufIldenlIy pun-
ish people who break the law, So, lIlI the
Micheel Fay cue unfolded, I WlIlI. inter-
ested to lIell thllt the American IlUbUc
atrongly supported his caning. In fact, I
was constantly being asked by conslltu-
ents why we didn't have something like
SIngapore's law here in California.
Because of this pubUc support and the
delIlre to eUminate the gndIiti prob\em, I
decided to Introduce legislation that
would make vandalism punishable by up
to 10 whacks of a paddle in a public court.
room. My biD also would make the.of.
Iender'a name available to the public Ie-
gard\e8lI of age. 'Ibill punislunent would
be In addition to any other punishment
the judge Is lIIIthoriled tolmpolle on a ju-
venile delinquent.
Mic~., Om"", II RtPlIblicall Asum.
b/ym411 /rM1t 0rcIlriI CoamIY, wrotlllli6 III'
tidI"'IM Los Alrgfles Daily News.
~
!3: X I-I::r::- f:. If t?
~
...-...-....
~
-
My goa1ls to bwnble these punke so gangs do move In, the crime escalatell
we don't ba\'e tollell this SlIIl1e penlOn in and the reeldents no longer feel eate In
an adu!t courtroom. convicted of m\ll'der ' their own neighborhoods.
and facing a possible death sentence. . When people see graIIitl, they immedJ.
Since I announced that I WlIlI planning ately feel vio1ated because they are faced
to introduce this \egla1alIon, &eYeraI qUell- with the unknown sa to what crime Ues
tionll bave been asked about thla b\1l.' ahead. 'That Is why we must lICt now and
Among them Ia: Why target grafflti for decllIIve\y by te1I\ng these hoodlwne that
corporal punishment? The answer to that their reign of terror Is over.
Is very simple. GnUlitIIs very cIangeroue, Another queslion I am asked about the
very cost\y and very frightenlng. biD Is whether it would be unconstltu-
_ How many times ba\'e you missed an Ilonal. 'The answer to that, my friend&, Is
exit becauee the sign was covered with no, In 1977, the U,S. Supreme COllrt
some ob8cene meseage or design? 'Ibis found in I~'" u. Wrigllt that paddUng
happen8 otlell on the state highways and and corporal punishment did not violate
Inrc. ~ causing untold n\llllber8 of ao- th~ Eighth Amendment's cruel-and-un-
cldents and tratIlc delayll. usual clause. nor did It violate the 14th
In the major cities like Los Ange\ell, the Amendment's provision for due prooesa.
problem ill compounded when you con- Supreme Court Justice Antonin ScaIlare-
aider the large nwnber of tourists who cently said that csning would probably be
visit each yerrr, These tourists ba\'e a hard constitutional. '
enough time understanding ollr trsfflc So the next time you hear the ACW or
aIgns withoIIt the added b\II'den of having other grouPS crying about paddUng being
to see thtough the layers of graIIitl. It Is unconstitutional. tell them to do their
for this very reason that a German film homework.
CI'f!W doing a stnry on the hazards tourists FUllIIly, I ba\'e been asked If the people
face In America went right out to a high- support my idea for paddling Juvenile
way and filmed all of the graIIitk:overed graffiti vandals. The answer is an
eigns. overwhelming yes. Every poll that has
Taggers have forced cities to spend been done on radio, television or newspa-
bundredll of thouaands _ even mlDions peril gets anywhere from 82 to 95 percent
of dollars _ In grafflti abatement pro- support for my Idea.
grams. 'This Is money that could,go to I have beard the pu bUc's outcry for
more Important programs like education, prsctlcal. swift and sure justice that ac\U-
poIlrl"ll 0\11' cities and other worthwhDe ally has an impact on the yOWlK criminal
""""willi. My bin Is from the law-abiding citizens of
In addition to grafIilI's danger and COSt. this state - Citizens who are sick and
there Is the psycholog\ca1 faclDr involved tired of \ettIng 0IIr streets go to the gangs
with the problem. Grafliti ill usually the and the hoodJums.
beginning of an area'8 downfalL If we can As for any opposition by groups like
slop it before it slartS. then we can lIll'Ie or the ACW.l would only fi/!I!I. "My compJl.
rejuIIenate many areas in Ca\ifomia.lt bas menlS for ell that you have done over the
long been ac:cepted that graIIitl Is the pre- last 30 year&, now would you please go
cursor to gang actlvitY, and once the bome and leave us alone?"
d"O-~1
~'c.., ......"! i,...--~''''''''''' ....w-.- .'-- -"-, -. .-
. - -..-,-""'....
Ullb..."'....
A San Dieg,
Iniguez of rnpi
fore her weddi
the Boor of her
Iniguez, th
friend, fondle,
pound WOIllll1
question, Av.
woman lay tl
Iniguez force<'
. InddentJasted
The a.ppeaI,
fen!lllto sexu;
rape because
to suggest he
resiatec1. Whi,
to find a nak,
out your con,
that harm is
woman freez<
Besides, r.
peripheral d,
all that comp
Monday, 1
San Frsnci~
origlnal COli\'
"There is
11m say, '1 an
Is the defen'
c:wnetances '
11m in fear .
tlceArmand
I would ,
Court for its
find any lea>
our underst
are more pi
they were in
Or, perhf
ing. Perl18P
Isareminde
Perhaps .
0\11' th.inkin
woman is h
and rapes ,
wOWldll or
gray ares -
IJehUl1lSlW
"She did
"She wa
"What d
Tyson's ho
"I didn't
In the r
women lIT'
cording Ii
and TrestI
"You h'
said, "and
today ins'
keep slIen'
"I migh'
She ?{a'
her eyes..
down her
-
Diana '
~ Sacrll'
..
--~'
I
WHITMORI & ASSOCIATES
ARCHITECTS
.
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CIlULA VISTA,' cl
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n.se .,. ~Ued as checked below:
C FOC' approval
C POC'mIiew
~ For your use
o Fat ___lit
C As roquared
C 0rlIial ro follow
ill mail
Ramarks:
avncil
: /)tj
FfaIII:
L'rN~ ~~
PktutI uIl (619) ~ms if __ '" flIrY prc1/11Cl1U rr=lvIng thls ~ 71lmIk)lOfl.
loJ CUll so DElillO I,
lol.:JtE!I.
iAN OIEC,,'. CA "'JIOt
IO"'~liJ$
FAXJOo_
02/'-/
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WHITM\)Kt ~ ,\>I'lCIAH)
ARCHITECTS
.
AM:IlfT1Cl'5o
......." _....... ...... 7 June 1994
,.... l-IANDPS
""UIAM.;. suna AlA
UNNITMQUH.,l1A
MNO,^l~bl:.'1A
L1)ll" j,t. CllJUCMLL AI'"
J. .
City of Chula Vista
Mayor Tim Nader and City Council Membcm
Mr. George Ktemple, Deputy City Manager
276 Fourth Avenue
ClIuJa Vista, CA 91910
'...'.
lt~ ~~.hI,SPUd Wlste~,aty of'-GbulaVJlla~..........,....";".'
l1ifonD8lio.n btJ.'r &: OwnmWlity Re$ouroe Recovery Park Pl.uM,....
Dear Mayor Nader, Council Membem, and Mr. Kremple:
Thank-you for the opportunity to prcaent the Community a--_ Rec:ovay Pam
Pl.......I.... to the City Council on 17 May 1994 and to take pan in the subsequent
discussion on 24 May. It is our underslaltdlng that the City of Chula Vista has
rejected Teresa Aland's proposal to the RFP Cor Solid Waste Services. However,
Whitmore &. Associates has not received any colll111unicatlons from the City regarding
it's proposal of a Commllllity lte8owco &lco.et,. Pad;: for Chula Vista.
We understand that the City has decided to move forward with the fim phase of
development of a transfer statio.n wbicb includes sitine. conceptllal design, and
permitting. We also understand that the City has specifically chosen not to move
forward with other services originally identified in the RFP. in particular, those
&ervlces related to the City's response to dle recycling requirements of AB939. This
strateJY Jives the false impression that the City will have maximum flexibility for
future decisions.
In reality, o.nce the City comrolts $340,000 towards the siting, design and permitting
of a transfer station, it will be difficult to not contlnue in that direction. To decide
at a later date to incorporate a &erial material recovery facility (MRF) with a waste
uansfer station is reverse design. In other words, the City would be putting the cart
before die bone. . .
A serial MRF such as the CommUDity Iteso1m:e R-v.....7 Park should be lIited,
desiped, and perroitted 8m. Then the tran.sfer awion can be lIizecl based on the
remaining WllStC after the amount oE recoyerab1es diverted from the waste strearo Is
determined. Desiping the serial MRF flm &ives!he City to greater flcXl1rl1lty and
<10 CAMINO PIt NO ~ more pnuine solutiOll8 to the solid WllStC crisis.
SUITE 211
SAN OIEOO. CA 'l10l
161'111'~1735
PAl< Jf6-0411
;2 / ~d-
: .~,
WHITMORE & ASSOCIATES
ARCHITECTS
.
City' of Cbula Vista
Mayor Tim Nader and City Council Members
Re; Request for Proposals (RFP) for Solid WlI$1e Services, City of Chula VISta &:
Information Package Re: Community ~urc:e Recovery Park Prototype
7 1une 1994
Page 2
,._., _,,,.,",,,,,,,:,.::;..,,, .:\Vhiunore &: AssoCiaies,Arefiitects: (i:~le"~f Provldin8 the citY Wilii sldDg~ -aesian
. and pennittine JefVic:es;--' WAAis a mul'tifilteled 20 "employee and JIVWin&
ardlitectural firm that specializes in providing environmental archilllClure IIervic:es.
WAA would also retain Urban Ore as a reuse and recycling consultaJlt. Blllled on
the design of the Community Resou..... Il:coveJ} Put which is a serial MRF, we
would be able to determine the amount of resources recovered from the waSUl
strellll1. Then we tould determine the sizIe of the tranSfer station balled on !be
remalnlna waste 5treaII1.
AT. stated during !be presentation, a serial M RF such as the C.-mUlll1y D..... -.tee
L...;vuJ Put would not only respond to the issue of solid waste d15p05"1. it would
also relpOnd to the rec:ycling requirements of California Law A8939. We are
tonc:emed that If the City continues on Its present tourse, it may eod up with a
facility like the NCRRA recyl;ling plant. This facility WIS designed to tolled tralIh
first and then to. attempt to RlCX)\ler reqclablcs from the mixed waste stream. In
actuality. this type of facility will not ~ unless It is deslJlled first to reuse and
recover SOUI'l;e.separated resources and then dispose of the remaining residuals.
Whitmore &: Assoeiates, Ar<;hitects hopes that the City will consider Its proposlll for
a serial MRF not only for the good of CbuIa Vista but also as a positive step towuds
a sustainable future for the region. ,A C.....m\lllity ~ ltecoYay Park 10l;llted
in Cbula Vista tould also be the c:Cmcrpiece and model for the proposed Border
Environmental Commen:e Allianc:e (BECA). This serial MRF transfer Station would
respolJd to the JOals set fonh by BE<?A- -
Ultimately. the Commllllity a-n;e J/:eaIl1WY Put would foster exici;"s and new
busine5lleS in Clula Vista, create jobs, and cycle revenues from reclaimed JOOds md
materials back into the loc:al etonomy. It will demonstrate every day it operates that
being ecologiea1 is also etonomical.
c1 /-3
.
."
WHlnlORE & ASSOCIATE!
ARCHITECTS
.
City of Chul. Vista
Mayor Tim Nlder and City CoUDCll Members
Re: Request for Proposals (RFP) for Solid Waste Services, City of Olula Vista &
Informalion Package Re: Community &8oIlICe Recovery Pm Prototype
7 June 1994
Page 3
. . Whitmore &Associatcs . Atcbftec:lalooks forward to the Poaloilltyof prsM~ ~e_ . "...,_':;"-
P~"-----:'''''''''''''-~'''''CfifoI'Chu]li'VJSta'with qaa1ity ail:1ii.eaunu arvices and a s=:iiisfuIserlal materials
recovery project. Please: do not he5itatc to call should YOII have any questions or
comments.
"
Sincerely,
"WIIItmoIc Ie;. ,A..... r..:.,._ ..A&dIitccts
"
Lynn Froeschle, AlA
Senior Project Architca
Associate
CA #COl9016
~/-1
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~.."",,.,
06/07/1994 08:51
6195335466
H.R. FRAUEHFELDER
PAGE 03/03
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San Diego Ar..
Westeweter Management District
MEMORANDUM
633-6460
'if~
v
';~!r
DATE: June 7, 1994
TO: SanDi strict Board of Directors
FROM: General Manager
SUBJECT: SAN DIF.GO CITY COUNCIL ACTION REGARDING SANDISTRICT ISSUES
~
R~yment ~f Front - Funded Costs
On lune 6, 1994 the San Diego City Council approved a change in their position on the re-
payment of non-contract fronHunded costs. The San Diego position regarding front-funded
costs is the same position recommended to the SanDistrict Board prior to the Board's meeting
of May 27th (ie, eight quarter repayment plan starting July I, 1994 with the last four quarterly
payments going into a trust fund in the event Transfer has not occurred by July 1995).
However, the SanDistrict Board, at its May 27th meeting, took the position that the $10.7 M
in non-contract front-funded costs would be repaid after the Transfer. We will need to complete
the process of closure on this issue.
Welrhted VOle
The San Diego Council did not discuss the weighted vote issue on June 6 on the basis that they
were not clear on which agencies were planning to remain In the SanDistrict.
Chair Brian Cochran, General Counsel Tom Woodruff and I represented the SanDi strict at the
San Diego Council meeting. We do have a SanDi strict 50ard meeting rescheduled for June 17th
at 1:30 p.m. I will get the agenda packet out by the end of this week.
#.R~",,<t.~
H. Roger Frauenfeller
General Manager
HRF:am
[bdmem.067]
CC: TAC
Agency Manqers
1.
I
cld--I
..
, which
ash fa .
:ash fac'
o any su 0
c period
was not
he first
r-'
E OF PRODUCTS ~ 13412
14
(d) In any civil action brought pursuant to Chapter 5 (commencing with
, ion 17200) of Part 2 of Division 7 of this code for a violation of this
ion by a person who operates a full service car wash facility or his or her
ployees or agents, the person who operates the full service car wash facility
have the burden of proof with respect to establishing compliance with
e provisions of this section.
, (e) Any person who elects to operate a full service car wash facility
suant to subdivision (b) shall maintain records to substantiate that the
son has complied with the provisions of paragraphs (1), (2), and (3) of
bdivision (b) and shall permit the district attorney of the county in which
e full service car wash facility is located and any authorized representative
f a governmental agency which is authorized under state law to enforce the
provisions of this section to inspect such records during normal business
hours.
(f) Notwithstanding the provisions of Section 13590, the district attorney of
each county shall enforce the provisions of this section.
(g) The provisions of subdivisions (b) to (e), inclusive, shall apply only
during periods when the maximum retail price which may be charged for
gasoline sold by any person in this state is established by the federal or state
government, or any department, agency, board, or other entity thereof.
(Added by Stats.1980, c. 636, p. 1763, ~ 5. Amended by Stats.1980, c. 1344, p. 4753,
. ~ I, eff. Sept. 30, 1980, operative Jan. I, 1981.)
\
~
Historical Note
The 1980 amendment rewrote the section. "Notwithstanding the provisions of Section
which previously read: 13590, the district attorney of each county
'1t is unlawful for any person to sell or offer shall enforce the provisions of this section."
to sell petroleum products for use in any ve- D dd d b
hicle. as the term vehicle is defined by the erlvatlon: Former ~ 20735, a e y Slats.
Vehicle Code, on the condition that the pur- 1974, c. 1167, p. 2496, ~ I, amended by Stats,
chaser also must purchase or pay for any mef- 1980, c. 1344, p. 4755. ~ 2.
chandise or services.
Cross R.eferences
Vehicle defined. see Vehicle Code ~ 670.
library R.eferences
Trade Regulation *"873.
C.J.S. TradewMarks, Trade-Names, and Un-
fair Competition !i 237.
~ 13412. Service station refueling service for disabled persons; excep-
tions; violations; punishment; notice
(a) Every person, firm, partnership, association, trustee, or corporation
which operates a gasoline service station, or other facility which offers
gasoline or other motor vehicle fuel for sale to the public from such a facility,
shall provide, upon request, refueling service to a disabled driver of a vehicle
which displays a disabled person's plate or placard, or disabled veteran's plate
or placard, issued by the Department of Motor Vehicles. The price charged
451
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f1i
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~13412 PETROLEU
Dlv.S,
for the motor vehicle fuel in such a case shall be no greater than that which
the facility otherwise would charge the public generally to purchase motor
vehicle fuel without refueling service.
(b) Every person, firm, partnership, association, trustee, or corporation
subject to subdivision (a) shall post the following notice in a manner and
single location which is conspicuous to a driver seeking refueling service:
Service to Disabled Persons
Disabled individuals properly displaying a handicapped parking placard
or plate are entitled to request and receive refueling service at this gas
station for which they may not be charged more than the self-service,'
price.
(c) The provisions of this section do not apply to any of the following
facilities:
(1) Exclusive self-service gas stations which have remotely controlled gas
pumps, which are operated by a single cashier, and which never provide
pump island service.
(2) Convenience stores which sell gasoline, which have remotely controlled
gas pumps, which are operated by a single cashier, and which never provide
pump island service.
(d) Any person who, as a responsible managing individual setting service
policy of a station or facility or as an employee acting independently against
set service policy, acts in violation of this section is guilty of an infraction
punishable by a fine of twenty-five dollars ($25).
(e) Notwithstanding the provisions of Sections 12103.5 and 13590, the
provisions of this section shall be enforced by the Director of the Department
of Rf,h,llb~litation, the district attorney, city attorney, or the Attorney General.
(f) T1Ie DirectOll. of the Department of ~ehabilitation may, upon his or her
own motion, and.l!l~!l. upon th~erified)('llmpl~;nCof any person or public
agency, investigate the actions of any person, firm, partnership, association,
trustee, or'corporation ~lleged to have yiQI!l!",d this section? 'IfJ~~ director
determines that there may have been a violation;> he or she shall refer the
matter f.91 l'rosecution to the district attorney; the city atiorney,or"the
Attorney Genera[
(g) In addition to those matters referred pursuant to subdivision (f), the
district attorney, the city attorney, or the Attorney General, upon his or her
own motion, may investigate and prosecute alleged violations of this section.
(h) A notice setting forth the provisions of this section shall be provided by
the Board of Equalization, in its quarterly newsletter, to every person, firm,
partnership, association, trustee, or corporation which operates a gasoline
service station, or other facility which offers gasoline or other motor vehicle
fuel for sale to the public from such a facility.
(i) A notice setting forth the provisions of this section shall be provided by
the Department of Motor Vehicles to every person who is issued a disabled
person's plate or placard or a disabled veteran's plate or placard.
452
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CityofChuJa Wsta
MEMORANDUM
DATE:
June 2,1994
TO:
Councilman Len Moore
-Ii tJ~l
FROM:
John D. Goss, City Manager
SUBJECT: Staff's Interpretation of Council's Action Regarding Graffiti Eradication Budget
Reallocation Program
As you requested I am providing the following summary of staff's interpretation ofCouncj]'s
5/24/93 action related to your proposal for a Graffiti Eradication Reallocation Program.
. Using FY 93/94 as the base year, any savings in graffiti eradication costs (personnel,
supplies and equipment) that can be attributed to a reduction in the amount of graffiti
eradication required would be earmarked for youth activities.
. Staff is in the process of developing a formula/process for determining the base year
expenditures from which "savings" will be calculated and a means for determining the
actual savings achieved in subsequent fISCal years.
. Staff intends to return to Council later this summer with a report and recommendation
as to how the aforementioned formula/process could be implemented.
It is staff's further understanding that you would like to have the Graffiti Eradication
Reallocation Program formally presented as a budgetary policy. Staff will bring forward a
Supplemental Budget Report presenting this policy for consideration prior to the adoption of
the FY 94/95 budget.
If you have any further questions please contact me.
(gra1f1ti)
cc: City Council
City Manager
Ken Larsen
Dave Byers
;1.56"'/:
June 7, 1994
MEMO TO:
The Honorable Mayor & City Council
FROM:
Councilman Leonard M. Moore
SUBJECT:
GRAFFITI ERADICATION BUDGET.REALLOCATION
It is my considered opinion that the best and possibly the only way to make a major reduction In graffiti,
Is to entice peer pressure. If peer pressure is effective for illegal actions, why can it not be also effective
for the good.
In order to pursue this program, a funding source is needed. The only one that can be reallocated without
adverse effect is the Graffiti Eradication Budget. The 'carrot' to stop graffiti is to use graffiti eradication
saving toward something taggers can relate to.
RECOMMENDATION: I respectfully request the Council initiate action to formulate a Council Policy
similar to the following:
A. The Chula Vista City Council direct the City Manager to include in budgetary form via 1994/95
budget supplemental report prior to final budget approval in June 1994, in order to commit all
SAVINGS of the present graffiti eradication fund that can be contributed to reduction in
graffiti, to our City youth via an approved oversight activity such as the Chula Vista Police
Activity League, for a period of 5-10 years using 1993/94 as the base year.
The program/facilities to which funds will be allocated must meet the following criteria:
(1) Shall not be a duplication of other programs provided by the City, YMCA,
Boys & Girls Club etc.
(2) Both the youth and oversight goveming body mutually agree as to
program/facility.
(3)
(4)
Must be used in established and mutually agreed priority.
,
May be used for liability insurance and/or supplement City insurance programs.
B. The Chula Vista City Council direct the City Manager/City Attorney, to formulate a 'Council
Policy' and submit to the City Council for approval based on item 'A' above not later than the first
Council meeting in August 1994.
C. A potential listing of programs/facilities is suggested: Teen club(s), SkateboardlRoller Blade
Park, Art Classes, Wrestling Programs. Joint use of private/public facilities with fair share of
equipment may be an asset.
loM:pe.
a:\MOONt\Grafbuctg
cJ 5J '..2..
.
June 7, 1994
MEMO TO:
The Honorable Mayor & City Council
FROM:
Councilman Leonard Moore
SUBJECT:
CITY OF CHULA VISTA ECONOMIC INCENTIVE POLICY
FOR BUSINESS EXPANSION. RECOMMEND
COUNCIL APPROVAL
PURPOSE:
To establish a City policy as an incentive to business expansion thereby creating an
improved tax base, increase jobs and/or attract customers to the City due to uniqueness
of product, sales or services.
METHOD:
Create a focused, directed, and simple program to encourage Chula Vista businesses to
expand and grow. A specific and manageable number of "likely businesses" will be
targeted and personally contacted by EDC Commissioners, Chamber members, or
volunteers. The purpose of these visits will be to: 1) educate regarding the program and
solicit interest; 2) distribute Inerature; and 3) invite company principals to attend a
program related seminar as described below.
QUALIFICATIONS:
Any company in the City of Chula Vista demonstrating willingness and desire to expand
their presently stable business by 30% or more may qualify.
CITY'S BASIC POLICY FOR QUALIFIED BUSINESSES: The City Manager shall;
1. Designate a managerial level ombudsman who will review all potential fees and off site
improvements triggered by expansion effort. The results of meeting(s) will clarify funding
cost and method of payments and/or deferment of actions, UP front.
2. A project "manager" will be designated from wnhin either the Planning, Engineering,
Building & Housing or Community Development Department (single point of contact).
3. A designated staff member or team will work wnh the applicant in regard to potential
financial assistance.
TARGETED BUSINESS:
A review of business license listings and other sources of data will provide the innial core
of businesses that may qualify due to number of employees, uniqueness of product or
service and personal knowledge. This list will be known as "The Chula Vista 100" and will
constantly evolve and change as companies evolve, interest is established or views, and
our knowledge of these and other business expands. Each business in "The Chula Vista
100" will be contacted as described above and invned to a City hosted seminar designed
and coordinated by the Economic Development Commission and Economic Development
:<5 e;.. . /
Manager to educate and solicit interest in the program.
BACKGROUND:
When the Economic Development Commission pursued their initial goals and objectives,
retention and expansion were the highest priorities. This was later modified, and rightly
so, to include 'business specifics' which emphasized, biotech, high tech, bio med, Border
Environmental Commerce Zone etc. Most of staffs efforts are consumed by business
specifics and associated magnet(s) needed to draw these extremely important businesses
to the City.
The "bread and buller" of economic development is the retention and expansion of
present businesses. This program and recommended Council City Policy are thought to
be the magnet for success.
RECOMMENDATIONS:
The Economic Development Commission, Economic Development Manager, and
Community Development Department Director approve aforementioned business
expansion policy and provide professional draft with a tentative policy prepared and
submitted to the City Council via City Manager within the shortest feasible time frame.
COMMISSION ACTIONS:
Economic Development Council at their May meeting unanimously recommended approval.
LMM:ps
a:\moore\bUlexpen
oc: CIlyCouncil
Assistant City Manager
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