HomeMy WebLinkAboutAgenda Packet 1995/04/25
Tuesday, April 25, 1995
6:00 p.m.
"I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
this Agen";;a/f',lotke on the OullGrn Board at
the Punl'c ~cr~ce5 Bukin ; ~n9 at ~'
DATED, J/j,,9t7, 75 SIGNED b~ - "
/ /
Remlar Meetin2 of the Citv of Chula Vista Citv Council
Council Chambers
Public Services Building
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Moot _, Padilla _, Rindone _, and Mayor Horton_.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: David Hirsch - Cultural Arts Commission.
b. Proclaiming Tuesday, April 25, 1995 as "National Youth Services Day." Mayor Horton will
present the proclamation to Ty Meserey, Chairman of the Chula Vista Youth Commission, and
youth representatives from each of the participating agencies.
c. Proclaiming the week of April 16 through April 22, 1995 as "Medical Laboratory Week."
Mayor Horton will present the proclamation to a representative from Sharp Chula Vista
Laboratory .
d. Certificate and proclamation honoring and thanking Ya:unin Arquiza, Asia Foundation
Environmental Fellow, who has successfully completed and participated in the first
Professional Exchange conducted by the City, dedicating two months of full time employment
on the City's C02 Reduction Education project. Ms. Arquiza is from Palawan, Philippines.
The Environmental Fellowship Program provides senior level Asian, Pacific Island and American
professionals with practical work experiences to expand their understanding of environmental
problems and solutions. The presentation will be made by the International Friendship
Commission.
e. Proclaiming 1995 as the "Year of the Veteran." Mayor Horton will present the proclamation
to Bob McCauley, Chairman of the Chula Vista Veterans Advisory Commission and Bill Ayers,
Vice-Chairman of the Board of Supervisors Veterans Advisory Council.
f. Proclaiming the week of April 23 through April 29, 1995 as "National Volunteer Week." The
proclamation will be presented by Mayor Horton to Doris Girton, Volunteer at Norman Park
Senior Center, Fred Hlawatsch and Marie Meier, Volunteers at Chula Vista Nature Center, and
Frank Scott and Ellen Smith, Volunteers for the Chula Vista Literacy Team.
*****
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 Ji1JJJ1 actions taken in closed session and to atijourn 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 Offlce.
*****
Agenda
-2-
April 25, 1995
CONSENT CALENDAR
(Items 5 through 6)
The stoff recommendations regarding the foUowing items Usted under the Consent Calendar will be eTUlcted by
the CouncU 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 jil1 out a
"Request to Speak Form" avaUoble in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to
the striff recommendation.) Items pulled from the Consent Calendar will be discussed rifter Board and
Commission Recommendations and Action Items. Items pulled by the pubUc will be the first items of business.
5. WRITIEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no observed reportable actions taken
from the Closed Session of 4/18/95. It is recommended that the letler be received and filed.
b. Letter requesting Council eliminate the Chula Vista Aquatic Association's debt in the amount
of $3,395.75 for use of City facilities and allow them to continue their operations on a clean
slate. Anne Taylor, President, Board of Directors, Chula Vista Aquatic Association, P. O. Box
272, Chula Vista, CA 91912. It is recommended that Council refer this item to staff for
evaluation and recommendation.
c. Letter requesting Council place on the 5/2/95 agenda clarification and direction relative to
complying with the requirement to fund the relocation of Fire Station Number 4 to a site
given to the City in SPA 1 of Rancho del Rey. Kenneth S. Baumgartner, Executive Vice
President, McMillin Project Services, Inc., 2727 Hoover Avenue, National City, CA. It is
recommended that this report be placed on the 5/16/95 Council agenda.
6. RESOLUTION 17872 GRANTING THE 1995 RICHARD WELSH MEMORIAL AWARD TO
THE SOUTH CIRJLA VISTA LmRARY LOCATED AT 389 ORANGE
A VENUE - The South Chula Vista Library is nominated for special recognition
by being nominated for The Richard Welsh Memorial Award. The award is in
memory of Richard Welsh, a long-time resident of the City and former member
of the Design Review Committee. Staff recommends approval of the resolution.
(Director of Planning)
* * END OF CONSENT CALENDAR * *
PUBLlC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The foUowing items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please jill out the "Request to Speak Form" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete
the pink form to speak in opposition to the stall recommendation.) Comments are Umited to five minutes per
individual.
7.
PUBLlC HEARING
CONSIDERING AN INCREASE TO THE ORIGINATION CHARGE FOR
USE OF ASSESSMENT DISTRICT FINANCING -In October 1990, Council
established an origination charge of one percent for use of developer initiated
assessment district financing. As part of the overall revenue plan for the City,
the public hearing is to consider increasing the origination charge applicable for
use of assessment district financing. Staff is also recommending other cbanges
to the policy on assessment district financing. Staff recommends approval of the
resolution. (Director of Public Works)
RESOLUTION 17873
ADOPTING CHANGES TO COUNCIL POLlCY NUMBER 505-02 ON
ASSESSMENT DISTRICT PROCEEDINGS TO INCLUDE AN INCREASE
IN THE ORIGINATION CHARGE AND OTHER MINOR CHANGES
Agenda
8.
PUBLIC HEARING
A.
RESOLUTION 17874
B.
RESOLUTION 17875
c.
RESOLUTION 17876
D.
RESOLUTION 17877
9.
PUBLIC HEARING
RESOLUTION 17878
-3-
April 25, 1995
FORMATION OF ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE
GREENS m - On 5/10/94, Council approved the Acquisition/Financing
agreement for Assessment District Number 94-1. On 2/28/95, Council adopted
the Resolution of Intention to order the acquisition and financing of certain
infrastructure serving the EastLake Greens II properties pursuant to the
Municipal Improvement Act of 1913. On the same date, Council adopted the
resolution giving preliminary approval to the Engineer's Report for Assessment
District Number 94-1 (EastLake Greens II) and selling public hearings for
4/4/95 and 4/18/95 for the purpose ofhearlng public testimony. The first public
hearing was held on 4/4/95. The second public hearing was opened on 4/18/95
and continued to 4/25/95. Staff recommends approval of the resolutions.
(Director of Public Works) Continued from the meeting of 4/18/95.
APPROVING CONTRACTS FOR OWNERSIllP OF UTILITY
IMPROVEMENTS IN ASSESSMENT DISTRICT 94-1 (EASTLAKE
GREENS m
ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE
ENGINEER'S REPORT IN ASSESSMENT DISTRICT NUMBER 94-1
(EASTLAKE GREENS m
DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN
ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE GREENS m
CONFIRMING THE ASSESSMENTS, ORDERING THE
IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND
APPROVING THE ENGINEER'S REPORT IN ASSESSMENT DISTRICT
NUMBER 94-1 (EASTLAKE GREENS II)
IMPROVING BROADWAY FROM NAPLES STREET TO ANITA
STREET - During the Fiscal Year 1994/95 Capital Improvement budget
process, Council approved funding to widen Broadway from Naples Street to
Anita Street. The general scope of the project is to reconstruct the travelway
in that portion of Broadway in order to replace deteriorated asphalt pavements
and to install missing improvements and sidewalks. Staff recommends approval
of the resolution. (Director of Public Works)
APPROVING THE RETENTION OF MEDIANS, THE INSTALLATION
OF LANDSCAPING WITHIN THOSE MEDIANS AND DIRECTING
STAFF TO COMPLETE THE DESIGN AND FINAL PLANS FOR THE
IMPROVEMENT OF BROADWAY FROM NAPLES STREET TO ANITA
STREET
ORAL COMMUNICATIONS
This is all opportullity for the gelleral public to address the City Coullcil on allY subject matter within the
Coullcil's jurisdictioll that is !Yl1. all item 011 this agetula for public discussioll. (State law, however, gellerally
prohibits the City Coullcilfrom talcillg action 011 allY issues 1I0t included 011 the posted agetula.) 1/ you wish to
address the Coullcil 011 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 meetillg. Those who wish to speak,
please give your name and address for record purposes and follow up action. Your time is limited to three
millutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will cOllsider items which have been forwarded to them for cOllsideratioll by olle
of the City's Boards, Commissiolls and/or Committees.
None submitted.
Agenda
-4-
April 25, 1995
ACTION ITEMS
The items listed in this section of the agenda are expected to eUcit substantial discussions and deliberations by
the Council, stqff, or members of the general pubUc. The items wiU be considered individuaUy by the Council
and staffrecommendatlons may In certain cases be presented In the alteTlUJttve. Those who wish to spealc, pkase
fiU out a "Request to Spealc" form avaUable in the lobby and submit it to the City Clerk prior to the meeting.
PubUc comments are limited to five minutes.
10. RESOLUTION 17879 APPROVING THE SUBLEASE WITH ROHR, INC. FOR THEIR
BUILDING NUMBER 52 FOR HOUSING THE BORDER
ENVIRONMENTAL TECHNOLOGY RESOURCE CENTER (BETRC)
AND THE BORDER ENVIRONMENTAL BUSINESS CENTER (BEBC),
AUTHORIZING MAYOR TO EXECUTE SUBLEASE; AND RE-
APPROPRIATING $2,000 IN FISCAL YEAR 1993/94 CDBG FUNDS FOR
ASSOCIATED COSTS - The resolution approves the lease with Rohr, Inc. that
provides building number 52 to the Border Environmental Commerce Alliance
(BECA) and authorizing the use of $2,000 in Fiscal Year 1993/94 Community
Development Block Grant funds to pay for utility costs associated with
preparation of the building prior to the July 1995 opening. Staff recommends
approval of the resolution. (Director of Community Development) 4/5th's vote
required.
ll. RESOLUTION 17880 AMENDING CONDITION 6 OF RESOLUTION 16222 (APPROVING
TENTATIVE MAP FOR RANCHO DEL REY, SPA 1II) TO ALLOW A
REDUCTION OF ROADWAY REQUIREMENTS ON EAST "J" STREET
BETWEEN RIVER ASH PLACE AND RED OAK DRIVE FROM 52 FEET
WIDE TO 30 FEET WIDE - On 7/30/91, Council approved the Tentative Map
for Rancho del Rey, SPA III. Condition 6 required the developer to improve
East "J" Street, east of Paseo Ladera, to Class II collector street standards. The
improvements would include offsite improvements across property owned by the
Bennett family who have requested that temporary improvements be installed
across their property at a reduced width. Staff recommends approval of the
resolution. (Director of Public Works)
12. REPORT PROPOSED USA VOLLEYBALL FACILITY IN CHULA VISTA - In
February 1995, staff and the EastLake Development Company held preliminary
discussions regarding the possibility of constructing a USA Volleyball facility
in the eastern part of Chula Vista. EastLake is working with the Griffm
Foundation which develops, operates, and supports youth sports programs and
facilities. Staff recommends Council support: (1) construction and operation
by the Griffin Foundation of a multi-purpose sports center to specifically house
the USA Volleyball program; (2) donation of the site property by the EastLake
Development Company dedicated to the City and leased to the Griffin
Foundation; (3) park acreage credit to the EastLake Development Company in
consideration of the donation of land for the project; (4) negotiation of a lease
agreement with the Griffin Foundation which will include City use of the facility
and turnover of the facility to the City at a future date; and (5) condition that
EastLake Development Company be required to extend Hunte Parkway to
provide access to the property. (Director of Parks and Recreation and Director
of Planning)
13. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given
by staff.
Agenda
-5-
April 25, 1995
ITEMS PULLED FROM THE CONSENT CALENDAR
This Is the time the City CouncU wUl discuss Items which have been removed from the Consent Calendar.
Agenda Items pulled at the request of the pubUc wUl be considered prior to those pulled by Councllmembers.
Public comments are limited to five minutes per Individual.
OTHER BUSINESS
14. CITY MANAGER'S REPORTlSl
a. Scheduling of meetings.
15. MAYOR'S REPORTlSl
a. Ratification of appointment: Barbara A. Worth - Rousing Advisory Commission.
b. RESOLUTION 17881 TAKING A POSITION TO SUPPORT SB 623, SB 923 AND S 314,
WIDCR ARE NOT ADDRESSED IN THE LEGISLATIVE
PROGRAM OR OTHERWISE REQUIRE DIRECT COUNCIL
ACTION - On 2/7/95, Council adopted the 1995/96 Legislative
Program. Although the program was intended to provide
comprehensive direction to the Legislative Committee on City's
legislative priorities, there are certain issues which are reserved for
direct action by Council. Staff recommends approval of the resolution.
(Administration and Senior Management Assistant)
16. COUNCIL COMMENTS
Council member Rindone
a. Consideration of referring the one year hiatus period and the issue of special run-off elections to
the Charter Review Committee.
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) aSpecial Meeting on Saturday, April 22, 1995 at 12:00
(Noon) in the City Council Chambers and thence to the Regular City Council Meeting on May 2, 1995 at 4:00 p.m.
in the City Council Chambers.
Agenda
-6-
April 25, 1995
*****
CLOSED SESSION
Unless the City Attomey, the City Manager or the City CouncU states otherwise at this time, the CouncU will
discuss and deliberate on the foUowing items of business which are pennilled by law to be the subject of a closed
session discussion, and which the CouncU is advised should be discussed in closed session to best protect the
interests of the City. The CouncU is required by law to retum to open session, issue any reports of i1oJJ1 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 tennlnated at this point In order to save costs so that the CouncU's retumfrom
closed session, reports of JiBJJl action taken, and a4ioumment 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.
17. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
. Chula Vista and nine other cities vs. the County of San Diego regarding solid waste
issues (trash litigation).
. City of Chula Vista vs. the County of San Diego regarding approval of a major use
permit for Daley Rock Quarry.
2. Anticipated litigation pursuant to Government Code Section 54956.9
· Significant exposure to litigation pursuant to suhdivision (h) of Section 54956.9: 2.
. Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EP A
lawsuit.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, Executive Management, Mid-
Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
18. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
*****
"I declare under pena:ty of perjury that I am
em~'oyed by the City of Chu'a Visla in the
Of.flce of ~he Ci~y Cler:; anJ tl,at I posted
thIs Agen "a/Notice on tile Bulletin Board at
Tuesday, April 25, 1995 the Public rvi s Bu:Jding an . a City Hall on
6:00 p.m. DATED,';;" SIGNED
(Immediately following the Regular City Council cell
..
Council Chambers
Public Services Building
Adiourned Snecial Meetin2 of the Citv of Chula Vista Citv Council
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Moot _, Padilla _, Rindone _, and Mayor Horton_.
BUSINESS
2. DELffiERATION AND POSSffiLE APPOINTMENT TO CITY COUNCIL SEAT NUMBER 4.
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council'sjurisdiction that is!1!l1. an item on this agenda for public discussion. (State low, 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
Ponn" 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.
ADJOURNMENT
The meeting will adjourn to the Regular City Council Meeting on May 2, 1995 at 4:00 p.m. in the City Council
Chambers.
* * * COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT * * *
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who
require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request
such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devices
for the Deaf (TOO) (619) 585-5655. California Relay Service is also available for the hearing impaired.
Notice is hereby given that the Mayor and City Council of the City of Chula Vista has called and will
convene an Adjourned Special Meeting of the City Council on Tuesday, April 25, 1995 at 6:00 p.m.
(immediately following the Regular City Council Meeting) in the Council Cham hers, Public Services Building,
276 Fourth A venue, Chula Vista, CA.
April 20, 1995
FROM:
The Honorable Mayor and City c~unCi
John D. Goss, city Manage~ ~
City Council Meeting of April 2 , 1995
TO:
SUBJECT :
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, April 25, 1995. Comments
regarding the Written Communications are as follows:
Sa. This is a letter from the City Attorney stating that there
were no observed reportable actions taken by the City Council
in Closed Session on April 18, 1995.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. This is a letter from the Chula Vista Aquatic Association
(CVAA) requesting that the City Council eliminate the Aquatic
Association's debt in the amount of $3,395.75 for use of city
facilities and allow them to continue their operations with a
clean slate. CVAA is a non-profit competitive swimming team
that utilizes city pools on a rent-free basis throughout the
year for practices and occasional swimming meets. The city
provides Lifeguards to oversee the team's activities at the
pool. CVAA is required to reimburse the City for these
services on a monthly basis.
The current outstanding figure is actually $3,398.75, and is
a straight hourly wage calculation which does not include Full
Cost Recovery factors. The outstanding billing represents
.four (4) months of Lifeguard services.
(December/January/February/March) totalling $3,118.81, and
$279.94 in late fees assessed by the Finance Department for
overdue bills.
The City began providing Lifeguard service for CVAA on a
reimbursement basis in January of 1992. Prior to that time,
the team had provided and paid their own lifeguards. This
change was instituted based on a number of concerns including
liability issues, facility supervision and security, quality
of service, and accountability.
The city also instituted this change with the Chula vista
Diving team, an independent non-profit competitive springboard
diving team that also utilizes the City pools for practices
and meets.
CVAA has been having difficulty in meeting their financial
obligations to the City since last August, and payments have
been submitted on an irregular basis, three to four months
late since that time.
In addition to the outstanding amount referred to above, CVAA
will be billed for an additional $1,083 for services that have
been provided during the month of April.
IT IS RECOMMENDED THAT COUNCIL REFER THIS ITEM TO STAFF FOR
EVALUATION AND RECOMMENDATION. Staff anticipates returning to
Council with a recommendation in three (3) weeks. It should
be noted that no action will be taken to discontinue lifeguard
services for the Aquatics Association until this matter is
resolved.
5c. This is a request from McMillin Development to have the City
Council clarify one of the Rancho del Rey SPA III tentative
map conditions relative to a Development Agreement and City
fire requirements.
staff feels McMillin's letter does not accurately or fully
address the various issues and concerns. For example,
McMillin states that advancing funds for the Fire Station with
subsequent reimbursement should put them in compliance with
the SPA III Tentative Map Condition #53.5. If the City'S
intent had been only to have had McMillin advance funding for
relocation of the Fire Station, Condition #53.5 would not have
been necessary. The City could have simply entered into a
reimbursement agreement with McMillin. Rather, however, the
Council stipulated that ~cMillin shall enter into a
Development Agreement, consideration of which shall include
but shall not be limited to a requirement of advancing monies
for the Fire Station relocation.
with regard to the cost of the Station, McMillin's letter
states they are willing to advance $598,000 for the Station
but that the City wants an additional $249,9998430.300 to pay
for a training classroom and a new fire engine. This is a
misstatement of the City'S position. The City has offered to
pay $319,286 of the total facility cost.of $1,028,900. Thus,
the City is asking McMillin to advance only the remaining
$709,614. Further, staff has proposed that McMillin be
reimbursed $469,614 of the advance payment from Fire DIF
monies. The timing of the paym~nt advance for the fire
facilities is also raised by McMi;Llin all an issue but has in
effect been resolved. Staff has' previously stated that it
agrees with McMillin's position.
As to the amount of reimbursement, staff has requested a non-
reimbursable consideration to reflect the City'S willingness
to provide McMillin with a development agreement and to
reflect the actions by the City with regard to the previous
4(0) Rule implementation. The 4(0) con~ideration was done at
PLEASE
NOTE
CORRECTEI
FIGURE
McMillin's request; they were the primary beneficiary and the
Council action afforded them the opportunity to move forward
with the SPA III project in a timely fashion.
Finally, with regard to the method of reimbursement,
McMillin's letter states that city staff proposes a
reimbursement program that does not provide the certainty of
reimbursement, but rather reimbursement at an unspecified
future date. This is also incorrect. Staff's offer in
February was to provide a fixed reimbursement schedule
corresponding to the timeframe for build-out of the remaining
units in Rancho del Rey.
As indicated above, there is a considerable history and
background which needs to be clarified with respect to the
overall negotiation process that has occurred over the past
months. Because of the complexity of the issues and the need
to portray a complete picture, IT IS RECOMMENDED THAT STAFF BE
DIRECTED TO BRING THIS ITEM BACK FOR A COUNCIL REPORT AT THE
MAY 16, 1995 COUNCIL MEETING. THIS IS OPPOSED TO THE MAY 2,
1995 DATE SUGGESTED BY MCMILLIN. It is our understanding that
McMillin's objective is to achieve final map approval in
either June or July so Council consideration in mid-May would
not delay the final map approval schedule.
JDG:mab
PROCLAIMING TUESDAY, APRIL 25, 1185 AS
NAnONAL YOUTH SERVICES DAY
IN THE CITY OF CHULA VISTA, CAUFORNIA
WHEREAS, the future of our community, our RIte and our nation Is In the hands
of our young people; and
WHEREAS, It Is the duty of all cllizens, plIAIrlts end youth organizations to
provide the young people of our community with the right examples, environments and
opportunities; and
WHEREAS, the purpose of organizing a National Youth Service o.y Is to
nlinlorce in our young Americans the Importance end excitement of helping others and .
In creating a public awareness of the positive contributions that young people make In
the nation's progress; and to Unk their talents and resources to address some of the
major Issues facing our cities - drug and alcohol abuse, education, hunger and
homelessness, and assisting OUr elderly citizens; end
WHEREAS, the CCHlpOnSOl'l of National Youth Service Day are the u. s.
Conference of Mayors, the Jefferson Awards, Lutheran Brotherhood, Points of Ught
Foundation and Youth Service AmerIca:
NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the CIty of Chula Vista,
California. do hereby proclaim Tuesday, April 25, 1995 as NATIONAL YOUTH SERVICE
DAY In the City of Chula VIsta and encourege our young citizens to become Involved In
their cities and help build a brighter tomorrow.
:Daterf tFis~tfry ff kAJ~ .19~
~~~,J~ .
(}Jt~or!fi e ci!J'!!faltfartsta.
1/0 - /
April 17, 1995
MEMO TO:
FROM:
Carla Griffin, City Clerk's Office
Patricia Salvac~aYOr/Council Office
SUBJECT:
AGENDA ITEM .SPECIAL ORDERS OFTHE DAY. APRIL25, 1995
PROCLAMATION TO SHARP CHULA VISTA MEDICAL CENTER
LABORATORY
In honor of Medical Laboratory Week, April 16-22, 1995, Sharp Chula Vista Medical
Center Laboratory would like a proclamation presented to them at the Council meeting
of April 25, 1995.
At this time they do not know who will be accepting the proclamation. Anna Garcia of
Sharp Chula Vista will call our office later this week to give us the name of the
representative.
Ms. Garcia is aware that a representative will need to be at the Council Chambers on
that date at 6:00 p.m.
*sample proclamation attached
L/c -J
PROCLAIMING THE WEEK OF APRIL ,. THROUGH APRIL 22, 1185 AS
MEDICAL LABORATORY WEEK
IN THE CITY OF CHULA VISTA, CAUFORNIA
WHEREAS, there .. more than 265,000 laboudory personnel, Induc:Ilng
paIhoIoglsts, medical technologists, medical Jaboralory 8P8CIalists, technicians and
Iabo!'&tOrY lIlISistanta, at work In almost 40,000 hospitals and independent laboudories
In the United States; and
WHEREAS, 1h-. highly trained and dedicated health pror.aJonaJa make an
lnvaJuable contribution to quality health care and aave lives each day by providing
reliable laboratory test resuIls required for the pI'8II8ntIon, cJetectlon diagl1Olls, and
treatment of disease; and
. WHEREAS, Jaboralory medicine. an honorable professlon which Ihouid be
recognized by all IndMduaJa as vital to the high stands of health care enjoyed In the
United States:
NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City of Chuia Vista, do
hereby proclaim the week of April 16 through April 22, 1995 as MEDICAL
LABORATORY WEEK In the City of Chula VIsta.
:IJaktf tEis~ary ~.JrJU;1 /93Q
~t~J4?:W
tJlttyor!f t CiIf!!f aura o/'t5ta
fc-~
COUNCIL AGENDA STATEMENT
Item
Meeting Date 4/25/95
ITEM TITLE:
Proclamation. Declaring the week of April 23-29, 1995, as Volunteer
Recognition Week
SUBMITTED BY: Mayor Shirtey Horton
REVIEWED BY: City Manager
(41Sths Vote: Yes_No..K..)
The Honorable Mayor and City Council declare the week of April 23-29, 1995, as Volunteer
Recognition Week in Chula Vista, and gratefully acknowledge the dedication of all
volunteers. Accepting the proclamation:
Doris Girton, Volunteer at Norman Park Senior Center
Fred mawatsch and Marie Meier, Volunteers at Chula Vista Nature Center
Frank Scott and Ellen Smith, Volunteers for the Chula Vista Literacy Team
..,...U?
* SCtrnple. roda1ncllcn ~
Lj-f- /
PROCLAIMING THE WEEK OF APRIL 23 THROUGH APRIL 29,1995 AS
NATIONAL VOLUNTEER WEEK
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, volunteering of one's time and resources has traditionally been, and
continues to be, a part of the essence and tradition of our country and is essential to its
spirit and vitality; and
WHEREAS, we are a nation of people who thrive on helping others as well as
ourselves to a better life; and
WHEREAS, numerous benefits can be derived from volunteering time and
services including fulfillment, enrichment and invaluable experience; and
WHEREAS, it is important for all of us to recognize our responsibilities and to
follow the example of these volunteers by also giving of ourselves for the betterment of
all; and
NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City of Chula Vista,
California, do hereby proclaim the week of April 23 through April 29, 1995 as NATIONAL
VOLUNTEER WEEK in the City of Chula Vista, California and encourage all residents
to recognize the valuable work provided by volunteers.
L/-f-~
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~~~~
CllY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
April 19, 1995
From:
The Honorable Mayor and City couf)~
Bruce M. Boogaard, City Attorney~
Report Regarding Actions Taken in Closed session
for the Meeting of 4/18/95
To:
Re:
The City Attorney hereby reports to the best of my knowledge from
observance of actions taken in the Closed Session, that there were
no actions taken in the Closed Session of 4/18/95 which are
required under the Brown Act to be reported.
BMB:lgk
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276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037
RECEIVEO
7j APR 18 1\11:47
.'1' Of CHUlA VISTA
an CLERK'S OFFICE
April 18, 1995
Honorable Mayor Shirley Horton and Council,
I am writing this letter on behalf of the Chula Vista Aquatic Association, also known as
CVAA. We are in a position that we have never been in before. We are advised that
we will loose the use of city swim facilities if unable to pay the lifeguard bill to the City
in the amount of $3,395.75 by April 28, 1995. This will, in essence, terminate Chula
Vista Aquatic Association.
Because of an exceptionally harsh winter and equivocal economy along with some
unsound decisions made by the previous board, we are in a position to ask for help.
Our financial picture makes it impossible to come up with this sum at this time. We
have held fund raisers, assessed families, implemented a fair share program and
presented our quest for sponsorship to the community through an article in the Star
News. These actions have only allowed us to stay afloat but have not been enough to
payoff previous debts.
We are asking you, the Council, to please review our case and eliminate our past debt
allowing us to continue our operations on a clean slate with the City.
CV AA was founded in 1956, as part of the recreational program of the city of Chula
Vista. In the 1960's CVAA was known as the .powerhouse" in the county. In 1973, in
response to funding cuts, the City of Chula Vista stopped sponsoring competitive
swimming. At that time, a parent's club took over the financial obligation of CV AA.
From 1976 to present, CVAA swimmers have set district records that still stand, as well
as National Age group records. We have been represented at the Jr. Nationals, and
swept first place in every event in the Eastlake South Bay Summer Games. In 1992
Chula Vista hosted the Short Course Junior Olympics and swimmers and families
were welcomed to our fine city by Mayor Tim Nader. Most recently two of our
swimmers qualified for Far Westerns. Some of our other swimmers just missed
qualifying by a few seconds.
CVAA provides many services to the community and its children. It is the only
program that provides year around training for swimmers in Chula Vista. This training 1;;:;
allows the swimmers to swim at a competitive level. Thus, allowing them to receive
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Olympic training center nearby we are in an ideal situation to encourage our youth to
strive for their dreams. Some of those dreams have been met by previous CVAA
swimmers, such as Greg Lougainis.
Above all, CVAA provides each child with an individual goal, teaches discipline, and
the true meaning of a team is learned. It helps build self esteem and confidence.
Community pride is developed as they are the representatives for their city. This
program provides daily swimming, training and exercise for our communities youth,
whether they have Olympic dreams or not. Many CVAA swimmers go on to become
lifeguards or recreational aides for the city.
We have contributed to the city through the purchase of equipment for the pool. We
have purchased lane lines, lane line reels, timing clocks and various other equipment
that is used by many of the city's other aquatic programs. Over the years CVAA has
invested thousands of dollars in the Loma Verde facility.
CVAA also has two Memorial Funds. One allows financially burdened families an
opportunity to have their child swim for a nominal fee. The other insures that any
swimmer who qualifies for a Far Western or National Meet, but cannot afford
to, will go to that meet.
We are supported by the Parks and Recreational Department. During the summer
months they feed 25 to 75 children who have advanced swimming abilities into our
program. This volume of swimmers allows CVAA to flourish in the summer months
and gets new children into the mainstream of swimming as one sport option that many
of them never knew about.
Board members, swimmers, families and supportive community sponsors do not want
this dynasty to die. In order to get us through this tough time we are asking for your
help. You can make the difference to our communities children by assisting us to
overcome this financial hurdle and put us back on a clean slate. Please find it in your
heart to offer these children another chance to keep their team together.
We are counting on you. We hope you will eliminate CVAA's past debt to the city in
order to allow the operations of CVAA to continue. With thirty nine years of history we
want to continue to be their for the children.
Sincerely,
,.-,
(--ct77'7i-c C.I ~.. / ~
Anne Taylor, President
Board of Directors CVAA
56 '..2
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~~~~
CI1Y OF
CHULA VISTA
PARKS AND RECREATION DEPARTMENT
April 18, 1995
Ms. Ann Taylor, President
Chula Vista Aquatic Association
P.O. Box 272
Chula Vista, CA 91912
Dear Ms. Taylor:
I wish to summarize our meeting of Friday April 14th, regarding the Chula Vista Aquatic Association's
financial status with the City of Chula Vista.
Currently, the swim team is past due in the amount of $3,398.75 (December 1994 - March 1995). In
order for the City to provide the team continued use of City facilities, full payment of all outstanding fees
and late charges must be paid by April 28, 1995. Failure to provide the full amount will result in the
termination of pool availability, effective May I, 1995. This will in addition, affect the current priority
status of the pool hours available to the team in the future, if payment is not received by April 28th.
If the amount past due is paid, I will need to have the April billing also paid in full by May 10th, 1995,
and all pool use in the future needs to be paid for in advance by the 15th of each month. Failure to do
so will result in immediate termination until fees arc paid. I would like to meet with you again to
determine an agreed upon monthly fee, based on your hourly pool uselmonth to recover our lifeguard
COlts .
Please don't hesitate to contact me, if you need further clarification regarding the status of swim team
use at City pools, at 691-5099.
Sincerely,
YA--..L ~ .
Mark Basnight
Aquatic Coordinator
(MIl_mrr.cvAATYIJlL11I-1lprI .1. 1995]
5b-3
276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 11110 . (611) 611-5071
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RECEIVED
'95 R 20 A9 :35
It [{~~~~~rD
,,\\. ~lcMillin Comp'.Ulies
(.
April 19, 1995
Mayor Shirley Horton
C1TYOFCHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Re: RANCHO DEL REY - FIRE STATION AGREEMENT
Honorable Mayor Horton and Members of the City Council:
This letter is a request for City Council clarification and direction relative to complying with
the requirement to fund the relocation of Fire Station No.4 to a site given to the City in SPA I
of Rancho del Rey.
The City Council on July 30, 1991 approved the SPA ill Tentative Tract Map with the
following condition related to the fire station relocation.
"53.5 Developer and City shall, prior to the recording of the fust fmal
map including all or any portion of the territory of the tentative map,
have entered into a Development Agreement which shall include, but
shall not be limited to, a promise satisfactory to the City requiring the
developer to advance the entire costs of relocating. or at City's option,
to build and relocate, Fire Station No.4 to a site satisfactory to the City,
in exchange for which developer shall be granted certainty of
entitlements, or such other mutually agreeable consideration."
In an effort to satisfy this condition, a Draft Development Agreement was submitted to the
City on May 12, 1994 which offered the payment of $577,000 at the pulling of the fust
building permit in SPA m. with subsequent reimbursement through Public Facilities DIF
credits of an amount equal to the advance over our "fair share payment". We believe this
proposal to be in full compliance with Condition 53.5 above. During the intervening eleven
months we have been negotiating with your staff. Negotiations have reached a point of
WRn'"TEN COM.NUJ~~ICA l'b~;:JS
sc-/
of
I
Mayor Shirley Horton
April 19, 1995
Page 2
impasse on three points. City Council clarification and direction of the requirement is
essential so we can proceed with the recording of final maps and continue the timely
development of the project.
1. The cost of relocating Fire Station No.4.
2. Timing of the payment.
3. Method and amount of reimbursement.
COST QF RELOCATING FIRE STATJQN NO.4
We have offered to advance $598,000 to relocate Fire Station No.4. City Staffhas estimated
the total cost of the facility to be $1,028,900 divided as follows: $598,000 fire station,
$205,000 training classroom, and $225,000 fire engine. City Staff is insisting on additional
? advanced funding of a training class room and a new flJ'e engine with an estimated cost of
$430,300. We maintain that the demand for funding of the training classroom and fire engine
exceeds the cost of relocation and should not be the sole burden of the Rancho del Rey
project. There is no nexus to our project to make this entire demand and we believe it was not
the Council's intent to condition our map on providing a training classroom or fire engine.
We have agreed to advance $598,000 to fund the cost of the fire station.
TIMING QF 1.$ PAYMENT
We have offered to fund the fire station on 1anuary 1, 1996. However, we believe that
payment should be made when construction is ready to commence. We have agreed to
payment upon demand when the City is ready to commence construction.
~~HODANDAMQUNTOF~~URSEMlNI
The requirement contemplates the reimbursement of advanced monies, in addition to a
Development Agreement granting certainty of entitlements or other mutua1ly agreeable
consideration. City staff has demanded that an amount between $240,000 and $500,000 be
non-reimbursable consideration for the City's implementation of the 4(d) Rule and
consideration for the required Development Agreement. We believe that the advanced
funding itself is sufficient consideration for a Development Agreement. Relative to the 4(d)
Rule implementation, we do not believe that any financial consideration from us is
appropriate for implementing a rule with general public benefit. We desire to have all monies
that are advanced to be credited without any non-reimbursements for "perceived" special
benefit.
The final point of disagreement is the method of reimbursement. We expect to be reimbursed
via Public Facilities DIF credits. Staff indicated that credit against the entire Public Facilities
C:LB\KBIWW\l,HOIlTONI
Sc:-"z
f'
.
Mayor Shirley Horton
April 19, 1995
Page 3
DIF fee, currently $2,150, would not be acceptable. City staff proposes a reimbursement
program that does not provide the certainty of full reimbursement through the remaining units
~ in Rancho del Rey, but provides reimbursement at an unspecified future date. We would
agree to reimbursement with an agreed upon repayment schedule or other method that
guarantees repayment through the remaining units in Rancho del Rey.
In conclusion we submit for Council concurrence the following terms:
1. Rancho del Rey will deposit with the City $598,000 upon demand by the City
when construction is ready to commence, not before January 1, 1996.
2. City will reimburse Rancho del Rey $598,000 by granting credit in the amount of
$433.33/edu for each Public Facilities DIF fee to be paid in SPA III, estimated to
be 1,380 edus. ($598,000 + 1,380 - $433.33).
3. City will enter into a Development Agreement with Rancho del Rey, which will
guarantee land use and zoning.
It is our desire to have this matter resolved as soon as possible. We request that this matter be
placed on the May 2, 1995 City Council Agenda for consideration.
Sincerely yours,
RANCHO DEL REY INVESTORS, L.P,
~><I~
Kenneth S. Baumgartner
Executive Vice President
McMillin Project Services, Inc.
KSB:lb
cc: John Ooss, City Manager
George Krempl, Deputy City Manager
C:LIl\KBIWWlL-HOIlTONI
Sc-3
COUNCIL AGENDA STATEMENT
Item
?
Meeting Date: 4/25/95
178'7"<
ITEM TITLE: Resolution Granting the 1995 Richard Welsh Memorial Award
to the South Chu1a Vista blic Library located at 389 Orange Avenue
REVIEWED BY:
City Manage~ ". /"Z
(4/5ths Vote: Yes_ No-X)
SUBMITTED BY: Director of P1annin
BACKGROUND:
For the past 21 years, the City of Chula Vista and the Chula Vista Chamber of Commerce have
sponsored the annual Beautification Awards Banquet. The Beautification Awards Committee,
which is composed of members of the Chamber of Commerce, City Council, Planning
Commission, Design Review Committee, and City staff, reviews projects completed during the
previous year, visits the different project sites, and grants the beautification awards and
honorable mentions to those projects which in the opinion of the committee have contributed
significantly to the beautification of our community.
On September 20, 1988, Council created the Richard Welsh Memorial Award in memory of Mr.
Richard Welsh, a long-time resident of the city and former member of the Design Review
Committee. The award is intended to recognize superior building function and design, as well
as unique characteristics which best exemplify a builder's commitment to the beautification of
the Chula Vista community. This year the Beautification Awards Committee and the Design
review Committee have nominated the South Chula Vista Public Library, to receive this year's
Richard Welsh Memorial Award.
RECOMMENDATION:
That Council adopt the resolution granting the 1995 Richard Welsh Memorial Award to the
South Chula Vista Public Library and authorizing the Mayor to present the award to the recipient
at the annual Beautification Awards Banquet at the San Diego Country Club on May 18, 1995.
BOARDS/COMMISSIONS RECOMMENDATION:
On March 20, 1995 the Beautification Awards Committee voted unanimously to nominate the
South Chula Vista Public Library to receive the 1995 Richard Welsh Memorial Award, and
on April 10, 1995, the Design Review Committee voted unanimously to endorse the nomination.
6~J
Page 2, Item ?
Meeting Date: 4/25/95
DISCUSSION:
The South Chula Vista Public Library is located at the southeast comer of Fourth and Orange
Avenues, in the Montgomery community of the City (see locator). The project is located on a
six acre site and includes a literacy center, a loo-seat multipurpose conference room, a planned
collection of 178,000 books for children, young adults and adults, and other library amenities
designed to serve the bilingual and bicultural community.
The architectural design consists of a combination of simple and unadorned geometric shapes,
finished in striking color and complementary finish materials. The building design when viewed
in context with the colors and materials composition, produces a pleasant facility with landmark
qualities.
The interior features traditional Spanish courtyards, fountains and reflecting pools, pyramid and
vaulted ceilings. The library was designed by prominent Mexico City architect Ricardo
Legorretta in cooperation with the architectural firm of LPA, Inc. of San Diego. (see Exhibit
A).
The Beautification Awards and Design Review Committees based their decision on the project's
binational (U.S.lMexico) architectural theme, on its overall quality and careful consideration
to detail, and on its emphasis on literacy and youth.
FISCAL IMPACT:
The Richard Welsh Memorial Award Plaque costs approximately $350. The funds have been
budgeted in City Council Account 100-105-5222.
Attachments:
Locator
Draft City Council Resolution
Design Review Committee Minutes
Exhibits
t ~.2
RESOLUTION NO. / '? J" 7 J.-.
A RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL GRANTING THE 1995 RICHARD WELSH
MEMORIAL AWARD TO THE SOUTH CHULA VISTA
PUBLIC LIBRARY LOCATED AT 389 ORANGE AVENUE.
WHEREAS, on September 20, 1988, the City Council created the Richard Welsh
Memorial Award to recognize those projects that have, among other things, superior building
functions and design as well as unique characteristics that best exemplify the builder's
commitment to beautify our community; and
WHEREAS, the Beautification A wards Committee held its annual meeting on March 20,
1995 and voted to nominate the South Chula Vista Public Library to receive the 1995 Richard
Welsh Memorial Award; and
WHEREAS, the Design Review Connnittee, at its April 10, 1995 meeting, voted to
recommend that the City Council grant the 1995 Richard Welsh Memorial Award to the South
Chula Vista Public Library.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby
grant the 1995 Richard Welsh Memorial Award to the South Chula Vista Public Library and
authorizing the Mayor to present the award to the recipient at the annual Beautification Awards
Banquet at the San Diego Country Club on May 18, 1995.
Bruce Boogaard
City Attorney
Presented by
Robert A. Leiter
Director of Planning
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PRCNECT
LOCATION
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR Richard W."h M.m.,.,' Award
C) Nomlnatlo... I South Chula Vlata Library
389 Orange Avenue
,.-
I 5C\1E: FIl! NUM88: tf -.-?
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DESIGN REVIEW COMMITTEE
MINUTES
t~7
EXERPT FROM THE DRAFT
MINUTES OF A REGULAR MEETING OF THE
DESIGN REVIEW COMMITTEE
Mondav. April 10. 1995
4:30 p.m.
Conference Rooms 2 and 3
A. ROLL CALL
MEMBERS PRESENT:
MEMBERS ABSENT:
Chair Spethman, Members Way, Duncanson, and Kelly
Vice Chair Rodriguez, without notification
STAFF PRESENT:
Principal Planner Steve Griffin
Acting Associate Planner Amy Wolfe
Planner Garry Williams
Senior Planner Rick Rosaler
B. INTRODUCTORY REMARKS
Chair Spethman made an opening statement explaining the design review process and the committee's
responsibilities. He asked that all speakers sign in and identify themselves verbally for the tape when
speaking.
C. APPROVAL OF MINUTES
MSUC (SpethmanlWay) (4-0) to approve the minutes of the March 27, 1995 meeting.
D. PRESENTATION OF PROJECTS
1.
PCM-95-l2
Richard Welsh Memorial Award
Slide Presentation
Staff Presentation
Planner Garry Williams advised committee members that this year's Beautification Awards program was
currently underway. He stated that as a part of this program, the City Council in 1988 created the
Richard Welsh Memorial Award, which is given in memory of Mr. Richard Welsh, a long-time resident
of Chula Vista and a former member of the Design Review Committee. This award is intended to
recognize superior building function and design, as well as unique characteristics which best exemplify
a builder's commitment to beautify the community. Projects may be nominated for this award by the
Beautification Awards Committee, and a recommendation is then forwarded by the Design Review
Committee to the City Council, which has authority for final approval.
Mr. Williams advised that this year the Awards Committee had nominated the South Chula Vista
Library, located at the southeast corner of Orange and Fourth Avenues, for the Richard Welsh
Memorial Award based upon the project's binational theme and overall project quality. He then
presented slides of the project depicting the traditional Spanish courtyards, primary building colors, and
site landscaping.
Members briefly discussed the project and concurred that this project demonstrated the attributes sought
for the Richard Welsh Memorial Award.
MSUC (Spethman/Kelly) (4-0) to recommend that the City Council grant the Richard Welsh Memorial
Award to the South Chula Vista Library. ~ - r
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COUNCIL AGENDA STATEMENT
Item 7
Meeting Date 4/25/95
ITEM TITLE:
a)
Public Hearing: To consider an increase to the origination charge for use of
assessment district financing
Resolution J 7 'it' 7:3 Adopting changes to Council Policy No. 505-02
on assessment district proceedings to include an increase in the origination
charge and other minor changes
SUBMITTED BY: Director of Public wor~
REVIEWED BY: City Manager~ f~
In October, 1990, the City Council established an origination charge of one percent (1 %) for use of developer
initiated assessment district financing. A1; part of the overall revenue plan for the City, this public hearing is
to consider increasing the origination charge applicable for use of assessment district financing. There is a
subsequent item on the agenda for use of this type of financing for Eastlake. However, staff has negotiated a
change on the origination charge which requires this item to be adopted in order to gain the increased charge.
Staff is also recommending other changes to the policy on assessment district financing.
b)
(4/5ths Vote: Yes_NoX)
RECOMMENDATION: That the Council approve the resolution adopting changes to Council Policy No. 505-
02.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Backl!l"ound
At the meeting of October 9, 1990, the City Council approved Resolution 15897 which established an
origination charge of 1 percent for use of developer-initiated assessment district financing. The charge was
imposed on the basis that the availability of assessment district financing of infrastructure is a benefit to the
development community and that there are ongoing "hidden" costs to the City over the 25 year period of the
districts. The resolution also mandated that the charge be paid directly by the developer and not included in the
assessment district costs spread to the properties and paid by the future owners. The City's ability to provide
assessment district financing to install infrastructure provides the development community an alternative to bank
financing and, usually, at lower rates. The origination charge that the City charges is similar to the points paid
on a loan obtained through a bank.
Resolution 15897 also established the guideline to make a single acquisition payment from bond proceeds to
the developer upon completion and acceptance of all public improvements by the City. This guideline was
modified by Resolution 16367 (October, 1992) which allows multiple acquisition payments from bond proceeds
if the costs have been certified by the A1;sessment Engineer and the improvements accepted by the City. The
use of multiple acquisition payments has become more common resulting in the City having to process
additional payments and do more record keeping than in single payment districts. The most recent change in
procedures adopted by Ordinance 2628 provided for the use of earned interest to reduce the assessment payment
7-/
Page 2, Item 7
Meeting Date 4/25/95
on undeveloped parcels until full development occurs. As a consequence, staff proposes a four-tiered system
whereby the percent of the origination charge changes to reflect the amount of work associated with the
administration of the district and the amount of savings by the developer by not having to carry the entire
construction loan through to the end of the project or by utilizing interest earned.
Advanta2es of Assessment District Financinl!
Use of assessment district financing historically has decreased the develooer' s cost of fInancing and
consequently the future home owner's cost. Typically in assessment districts, developers advance the funds
necessary to construct the improvements, and the City subsequently acquires the improvements and makes a
payment or payments from bond proceeds to the developer upon completion of the project. This enables the
developer to recover the money advanced sooner than if these costs were incorporated into the selling price of
the homes. This benefits the home buyer in that the amount of the loan will be smaller, making it somewhat
easier to qualify. In addition, this is an important feature if the developer is near the ceiling of the development
loan and needs the capital to pursue other development requirements.
There are other benefIts to the future property owner which include early construction of infrastructure and
avoiding phased, "interim" construction as a result. Assessment districts enhance developers' ability to fInance
their projects making it easier to complete more and larger projects. This fmancing frees up construction loan
money which in turn can be used to construct the next project. In obtaining assessment district fmancing, the
developer uses the City's name to obtain tax exempt rates creating a savings of thousands of dollars in interest
costs not only for the future homeowners, but the developers as well. The origination charge is the City's way
of sharing in the savings to the developer.
There are two types of assessment districts. The fust is an acquisition district in which the developer fronts
all costs, prepares the plans, administers the contract and then the city "acquires" the improvements by "buying
them with the proceeds of the bond sale. The second type is a construction district. In this type of district the
City prepares the plans; bids, awards and administers the contract, and pays for it with the proceeds of the bond
sale. In this later type the developer has little or no cost or responsibility. Generally, City staff prefers not
to use this second type of district in connection with major developments, however, there are times that it
may be the appropriate method of completing the necessary improvements.
EYistinl! Policv
The existing schedule of charges is as follows:
TYPE INffiAL
CHARGE OF CAPITAL REIMBURSEMENT SCHEDULE
DISTRICT OUTLAY
I % of estimated Acquisition By Developer Single payment from bond proceeds to developer upon
bond sale completion of all improvements in the district; or multiple
payments from bond proceeds to developer based upon
completion of each phase of the improvements in the
district such as all facilities within a particular street.
Constnlction Not specificslly addressed in policy.
7-,),
Page 3, Item
Meeting Date 4/25/95
7
The present policy states that the origination charge shall be payable by developers of four or more lots
requesting use of assessment district financing. The policy exempts assessment districts formed for properties
associated with a parcel map containing four or less lots.
Present policy also states that the origination charge shall be I % of the bond sale and deposited with the City
prior to the public hearing to consider formation of the district.
ProDOsed Chanl!es to Policy
Staff recommends that an increase to the charge utilizing a four-tiered system to provide the City with increased
revenues when a developer takes advantage of the City's bonding capability and! or request special processing.
The following table indicates the proposed changes:
TYPE INITIAL CAPITAL OUTLAY DEVELOPER.
CHAR.GE OF DEBT PAYOFF TIMING R.EIMBUR.SEMENT SCHEDULE
DISTRICT
I % of estimated Acquisition · By Developer. Assessments to be Single payment from bond proceeds to
bond sale paid in full prior to final map developer upon completion of all
approval of final lot configuration improvements in the district: or multiple
pursuant to a development payments (4 maximum) from bond proceeda
agreement or final map condition. to developer based upon completion of each
phase of the improvements in the district such
as all facilities within a particular street.
Ph % of Acquisition By Developer. Bond payoff over Single payment from bond proceeds to
estimated bond normal 20-25 year period through developer upon completion of all
sale annua1 tax collection. improvements in the district.
2 % of estimated Acquisition By Developer. Bond payoff over Multiple payments (4 maximum) from bond
bond sale normal 20-25 year period through proceeda to developer hased upon completion
annua1 tax collection. of each phase of the improvements in the
district such as all facilities within a particular
street.
3 % of estimated Constroction By City through bond proceeds. No payment is made to developer as
bond sale conslnlCtion funds are initially provided by
the City through sale of bonds.
. . . ..
The only difference between this proposal and the eXlSting policy on this particular schedule 18 the addition of a
maximum of 4 payments and the requirement to pay the assessments in full as indicated.
1 % Oril!ination Charl!e
Staff recommends that the charge remain at 1 % for an acquisition-type district jf the developer agrees that the
lien on the property is paid off prior to fmal map approval of the final lot configuration. For example, Eastlake
Development Company typically creates "master" lots to be developed at a latter time. At such time as the
parcels are re-subdivided into individual parcels the debt on that property would have to be paid off. Payment
of the lien would be a condition of final map approval or issuance of a building permit for the parcel in question
pursuant to an agreement required as a result of a master final map. All assessment debt on apartment or
7--)
Page 4, Item 7
Meeting Date 4/25/95
commerciaUindustrial parcels would be required to payoff assessments upon resubdivision of the first lot created
by a "master" final map. If a "master" fmal map does not contain a lot which would be further subdivided, the
developer shall enter into an agreement to payoff the assessments before building permits are issued or within
5 years of recordation of the "master" final map, whichever is sooner.
The lower charge reflects the reduction of City administrative costs because the bonds will have been called
(paid oft) early. The result would be administering a district of hundreds of parcels for as short a period as
2 to 3 years instead of 25 years. In addition, early payoff would reduce the City's exposure on its bond rating
by reducing the bond indebtedness and possible delinquencies. Last, the developer would not be using the
City's name for financing purposes after the bonds are paid off.
1 1/2 % Orilrlnation Charl!e
A I 1/2 % of the bond sale amount origination charge is recommended for which the developer receives only
one payment from the bond proceeds at the completion and acceptance of all construction. The additional 1/2
% is charged to compensate the City for the risk of carrying the bonds for the full 20-25 years.
2 % Orilrlnation Charl!e
A 2 % of the bond sale amount origination charge is recommended for acquisition districts which require more
than one payment from the bond proceeds. Under this charge the City will make progress payments as
specified phases of the improvements are completed and the developer will save significant interest on the
construction loan. In addition, interest earned on funds remaining on deposit would be used to reduce
assessment payments on the undeveloped property until the property is subdivided and developed. Besides
sharing in the savings, the additional amount is charged to compensate the City for the risk of carrying the
bonds for the full 20-25 years.
3 % Orilrlnation Charl!e
This has a higher charge because the City is providing the capital to construct the facilities through bond sale
proceeds and is administering the contract. The City usually prepares the plans, but may use the developers
plans, advertises and awards the contract, negotiates change orders, and administers the entire contract. The
project is handled and paid for in a manner similar to Capital Improvement Projects and is included as part of
the annual CIP budget. As such, this type of district requires a high degree of City administration during
construction of the project as well as administrating the district over the life of the bonds. The higher
Origination Charge reflects the additional work and the savings to the developer by not having to put any money
up for the construction.
Prooosed Chanl!e To Timinl! Of Orilrlnation Charl!e Pavrnent\Basis of Charl!e
It is also proposed that the charge not be payable until authorization of bond sale. This is recommended
because potentially the bond sale occurs much later than the public hearing establishing the district. This delay
favors the developer and minimally impacts the City. Present policy indicates that the City may utilize the
?~t(
Page 5, Item--2
Meeting Date 4/25/95
funds if the special district is formed. The change proposes that the district be formed and there be a successful
bond sale before the origination charge on deposit with the City may be transferred to the General Fund.
It was staff s intent in the policy to base the origination charge on the bond sale amount identified in the
Engineer's Report presented and approved at the time of the public hearing and not on the actual bond sale
amount. The actual bond sale amount could be different if some of the benefiting property owners payoff the
assessment prior to the sale of the bonds. However, the policy does not clearly state this and staff recommends
changes in text to clarify that issue.
Staff further recommends that the policy be changed so that the origination charge is applicable to any developer
initiated assessment district. Prior policy applied only to subdivisions of five or more lots. Staff proposes to
eliminate from the current policy the words "... for development consisting of more than 4 lots." It is the intent
of this policy to specifically apply to developers and to exempt single-family homeowners. Parcels assessed
through the Block Act provisions are exempt from this charge.
If after construction, the costs of improvements are less than what the assessment was based on, the policy
allows the assessments to be adjusted downward at the developer's cost. Changes to the policy clarify that this
may also be accomplished through various avenues outlined in the 1915 Bond Act which typically are
administratively easier to do.
Benefits to DevelQoers of Usinl! Assessment District Financinl!
Under the single bond sale multiple payment process recently adopted by the City such as being utilized by
EastLake in Assessment District 94-1 (AD 94-1), there are two significant benefits to developers. The first
benefit results from multiple payments from the assessment district bringing down the construction loan and
the resultant savings of interest payments on the construction loan. The developer does not have to have as
large a construction loan with multiple assessment district payments and can use their lines of credit more
effectively. The assessment district interest rates are also generally significantly lower than the construction
loans.
The second benefit results from the use of interest earned by the bond sale monies on deposit with the City
being used to reduce the assessment for the time frame for which the improvements have not been fully
constructed.
Exemotion
Eastlake Development Company is currently processing Assessment District 94-1 on the Eastlake Greens, phase
II. While this district is proposed to be built in three phases and have three payments, a single bond issue will
be sold. Under the proposed policy, AD 94-1 would require payment of a 2 % origination charge. During early
discussion on this issue, Eastlake verbally agreed to pay an origination charge of 1'h % if adopted prior to
formation of AD 94-1. They did oppose a 2 % origination charge for their district. Because Assessment
District 94-1 has progressed nearly to completion and the policy is just being formally submitted for approval,
it appears reasonable to exempt that district from the 2 % origination charge. Pipeline projects have been treated
differently for different purposes. In the past, the Council has exempted projects that had already received
design review from zoning ordinance amendments that decreased the allowable density to conform with the
7,3
Page 6, ltem-2
Meeting Date 4/25/95
General Plan. In other situations, the Council has not exempted pipeline projects from an increase in the
Transportation and Interim SR-125 Development Impact Fee (DIP) increases that went into effect on specified
dates. Eastlak:e has progressed a long way on this district and with their financing plan. This particular charge
will not result in the either the gain or loss in fees necessary to construct required items such as is the case with
DIF fees. Increasing that cost now without a longer lead time could create fiscal problems for them.
Notification
Developers of major land holdings and the Construction Industry Federation were sent a draft copy of the
policy, invited to an informal staff meeting and have been notified of tonight's public hearing. No developers,
or the CIF, attended the informal staff meeting.
Action
Approval of this resolution will not increase the origination charge for developers who agree to payoff the
assessment district debt prior to final map approval of the final lot configuration. For other districts, the
origination charge will increase from 1 % to a three-tiered schedule varying from 1'1z % to 3 % to apply to any
developer-initiated assessment district. In addition, approval will clarify that the origination charge is based
on the bond sale amount identified in the Engineer's Report and shall be payable prior to bond sale instead of
prior to the public hearing. This will also clarify what methods may be used to lower the cost to property
owners should construction costs come in lower than estimated. These changes would become effective 60 days
after approval.
FISCAL IMPACT: Since adoption of this charge, the City has transferred $446,163 to the General Fund.
The increase in the origination charge will increase City revenues if assessment district financing is used by
developers. The timing change for payment of the origination charge to the City allows the developer to retain
control of the money and earn interest the City could otherwise be earning. The City's risk financially due to
delinquencies is limited because of the bond reserve fund and the ability to foreclose upon delinquent properties.
However, the failure of the City to follow up on the delinquencies could result in the loss of the City's
reputation in the bond market and a higher interest rate on future bond issues. The fiscal impact of this is
difficult to quantify.
Attachments:
Exhibit I - Proposed COWICil Policy No. 505-02
Exhibit 2 - Report on A.D. Financing dated 10/91
Exhibit 3 - Mailing List
DDS:PiIe: AYOOl
WPC M:\homo\0ngin8er\apndA\origchrJS.wau
?-J,
RESOLUTION NO. / 78" '/.3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING CHANGES TO COUNCIL POLICY
NO. 505-02 ON ASSESSMENT DISTRICT PROCEEDINGS
TO INCLUDE AN INCREASE IN THE ORIGINAL CHARGE
AND OTHER MINOR CHANGES
WHEREAS, in October, 1990, the city Council established
an origination charge of one percent (1%) for use of developer
initiated assessment district financing; and
WHEREAS, as part of the overall revenue plan for the
city, a public hearing has been set for April 18, 1995 to consider
increasing the origination charge applicable for use of assessment
district financing; and
WHEREAS, in as much as staff is working on a proposal for
use of this type of financing for one of the city's developers in
the near future, it is appropriate to consider the origination
charge at this time; and
WHEREAS, staff is also recommending other changes to the
policy on assessment district financing.
NOW, THEREFORE, BE IT RESOLVED the City council of the
city of Chula vista does hereby adopt changes to Council Policy No.
505-02 on assessment district proceedings to include an increase in
the origination charge and other minor changes, attached hereto and
incorporated herein by reference as if set forth in full.
John P. Lippitt, Director of
Public Works
A
fOJ
Presented by
C:\rs\502.02.pol
7-7 /0-3
elf ~\vd- \
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: EARLY LIENING ASSESSMENT PROCEDURE
AND ORIGINATION CHARGE POLICY
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY: Resolution No. ~
505-02 1(1 (IS 91 1 OF 4
I DATED: 1(1 (IS 91
BACKGROUND
The City Council adopted Ordinance No. 2397 ("Chula Vista Version of the 1913 Act") which modified the
State version of the 1913 Act to permit the City to lien assessments against subject property prior to the
completion of the infrastructure improvements ('Early Uening Procedure').
On October 9, 1990, the City Council, at a public hearing, authorized the imposition of a 1% Origination
Charge imposed on all assessment district proceedings in which the City engages. On . the City
Council, at a public hearing authorized an increase to the Origination Charge.
PURPOSE
It is necessary to establish a policy to guide staff in implementing said Ordinance No. 2397, and the use of the
Early Uening Procedure permitted therein.
It is necessary to establish a policy to guide staff in imposing said Origination Charge recognizing that the
origination charge is an acknowledgment of the City allowing the use of its bonding capability.
POLICY
RE: Use of Chula Vista Version of the 1913 Act.
1. Assessment districts financing should only be used to finance the cost of "backbone' infrastructure.
'Backbone" infrastructure, shall, for the purposes of this policy, mean infrastructure improvements that
are of a general, overall benefit to the entire properties which are, or will be, the subject matter of the
entire district. By way of example, such items shall include:
A. Arterial and collector streets
B. Transmission-type utility facilities
It shall not include local property access roads within residential subdivisions, and shall not include
distribution utility facilities such as water and sewer laterals and local distribution mains.
2. Deposit to cover estimate of staff costs.
In any developer-initiated assessment district proceeding, the developer shall deposit with the City a
sum of money ('Processing Deposit') which the Director of Public Works shall reasonably determine
represents the approximate cost to which the City will be put, including all staff time, out-of-pocket
expenses, overhead, consultant expenses, in processing the developer's application for special assessment
district financing.
WPC F:\home\engineer\617.93
7- /
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: EARLY LIENING ASSESSMENT PROCEDURE
AND ORIGINATION CHARGE POLICY
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY:
Resolution No. ~
505-02 19 gg 91 2 OF 4
I DATED: 19 gg 91
RE: Use of the Earlv Lieninll Procedure.
1. When Early Liening Procedure is to be Used.
Special Assessment District financing shall permit the use of the Early Liening Procedure in those cases
where the backbone infrastructure would not otherwise be completed without such procedure prior to
the time that the houses will be initially marketed. The purpose of this policy is to give full disclosure
of all financing costs to the initial home-buyer prior to purchase of the property.
2. Contingency Permitted to be Financed.
Since the assessments to benefitted land would be levied prior to the completion of construction, a
contingency amount, not to exceed ten percent (10%) of the estimated costs of the unconstructed
improvements may be allowed to be financed and made a part of the assessed amount.
3. Developer Agreement to Absorb Excess Costs.
The developer must enter into an agreement which provides that, if the costs of the subject
infrastructure improvements exceed the amount of the financing made available by the sale of bonds
(including such contingency as may be permitted by this Policy), the Developer shall be responsible for,
and shall, absorb the excess costs.
4. Assessments to be Adjusted to Reflect Cost Savings.
If the final project costs are less than the estimated cost plus contingency, the assessments shall be
adjusted downward. The costs associated with adjusting assessments shall be borne by the Developer,
and he shall enter into an agreement to this effect.
5. Payment for Improvements.
Regardless of the use of the Early Liening Procedure, payment for from bond proceeds improvements
under an Acquisition and Financing Agreement shall not be made until all improvements for a particular
project, as determined by the Director of Public Works, are completed and accepted by the City, and the
assessment engineer has certified the final cost thereof.
A project shall be defined as all improvements within a particular street or easement including street
improvements, sewer, drainage, and utilities. If more than one project is being financed by one district,
as defined and approved by the Director of Public Works, then partial release of funds can occur, as
each project is completed. Any deviation of project definition shall be approved by the Director of
Public Works. For example, payment for a sewer in a future road right-of-way, which road is not
financed by the subject district, would probably be approved by the Director.
WPC P:\b.ome',engineer\617.93
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COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: EARLY LIENING ASSESSMENT PROCEDURE
AND ORIGINATION CHARGE POLICY
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY:
Resolution No. ~
505-02 19 98 91 3 OF 4
I DATED: 19 98 91
RE: Imoosition of ~ Orilrination Chanes.
1. The Origination Charge imposed by Resolution No. 15897 as modified by Resolution Nos. 16367 and _
_6IoeuId shall be charged iA when special assessment districts are formed at the request of private
Developers ~I &le-ve19pJB.9&t Q9BSistiag af lIl9~e au 11sts. The Charge shall be as follows:
CHARGE
7YPE OF DISTRICT
INITIAL CAPITAL
OUTLAY
J % of emma,ed
bond sale
By Developu.
Auessments to be
paid in full prior '0
final map opproval of
final 10' configuration
pursuant to a develop-
ment agreement or final
T1Ulp condition.
Acquisition
J-J/2%ofemma'ed
By Developu. Bond
payoff over nonnal
20-25 year period
through annual tax
collectiDn.
Acquisition
2% of utimated
bond sale
By Developer. Bond
pOJ'off over nonnal
20-25 year period
through annual tax
collection.
Acquf.ljtiDn
3% of estimated
bond sale
Construction
By City through bond
proceeds.
REIMBURSEMENT SCHEDULE
Single pqymen' from bond proceeds '0
developer upon completion of aU
improvementJ in the distrla; OT multiple
pqyments (4 max.) from bond proceed$
to developer bcued upon completion of
each phase of ,he improvements in ,he
district such as aU facilitiu within
a partb;ular street.
Single pqymen' from bond procud$ '0
developer upon completion of all
improvements '0 ,he di.ltrict.
Multiple pqyments (4 max.) from bond
proceeds to developer based upon
completion of each phase of the
di.ltrict such as all fadUt1es
within a particular street.
No payment is made to developer
as construction funds are initialty
provided by ,he City through
sale of bond$.
Said Origination Charge shall be based on the estimated bond sale amount outlined in the Final Engineer's
Report presented and approved at the time of the public hearing.
2. Said Origination Charge shall be paid not later than the date set for the puillie ileariBg ell mo "OeiSiBIl
to WAIl mo spoeiai ,,"sosomo&!: lIislRl!t. the award for sale of bonds. If the special district is not formed
and bonds are not sold through no fault of the developerl applicant, that portion of the Origination
Charge and Processing Deposit beyond unreimbursed costs to the City incurred in connection with the
proceedings shaIl be returned.
WPC F:\b.ome\engineer\617.93
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COUNCIL POLICY
Q1Y OF CHULA VISTA
SUBJEcr:
EARLY L1ENING ASSESSMENT PROCEDURE
AND ORIGINATION CHARGE POLICY
POLICY
NUMBER
EFFECI'IVE
DATE
PAGE
ADOPTED BY: Resolution No. ~
505-02 19 98 91 4 OF 4
I DATED: 19 9g 91
3. The Origination Charge shall not be financed out of the proceeds of any assessment district bonds
subsequently issued for the puhlic facilities. The charge paid to the City shall not be included in the
assessment district costs except as specified in Paragraph 2 of the Use of Early LiEning Procedure section of
this policy.
4. The proceeds from all Origination Charges shall be deposited into the General Fund of the City.
ORIGINAL RESOLUl10N ADOPTING THIS POLICY WAS: 15897 APPROVED 1~90.
SECOND RESOLUflON 16367 APPROVED 10-8-91.
WPC F:\home\engineer\617.93
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COUNCIL AGENDA STATEMENT
Item --11-
Meetin& Date 10-08-91
ITEM TITLE:
Resolution Modifying Resolution 15897 by revising procedure
for payment of Assessment District Bond Pro..c.:ds to Developers for
Acquisition of Public Facilities.
SUBMITrED BY: Director of Public Works ~
REVIEWED BY: City Manager
/
BACKGROUND:
(4/5ths Vote: YesJo....x...>
c
On October 9, 1990, Council approved Resolution 15897 adopting City Policy relating to
Assessment District proceedings. The reason for this policy was to provide a Procedure to form
a District and sell Bonds, prior to the actual completion of the improvements. The justification
for this was to have the districts formed early enough so that prospective home buyers would
know that they will be in an assessment district prior to buying their home. Prior to this policy
change, and subsequent State law change, we could not have the hearing for the district until all
improvements were completed and ready for acceptance by the City.
Page three of the Policy has the following Statement "payment for improvements under the
Acquisition and Financing Agreement shall not be made until all improvements which were the
subject of the proceedings are completed and accepted by the City, and the Assessment Engineer
has certified the final cost thereof. .
This policy will modify that condition to allow payment from bond proceeds as each project in
the district is completed, accepted by the City and the costs are certified by the Assessment
Engineer.
RECOMMENDATION: That Council approve the resolution.
BOARDS AND COMMIsSIONS RECOMMENDATIONS: None
DISCUSSION:
.
The process used by Chula Vista to construct backbone infrastructure, such as arterial streets
and utilities, is for the developer to finance the construction of the facility, and then to have the
City purchase the facility by selling bonds, and using the proceeds of the bonds to pay the
developer for the improvement. The bonds are then retired, by assessing the benefiting
properties in the district each year.
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Page 2, Ite~
Date 10-8-91
This process is different than earlier use of assessment districts in that the City administered the
construction contract. This process is superior, in stafrs opinion, because there is not the
amount of staff effort required to administer the contract and the developer is required to spend
considerable funds to build the facilities. However, under the current policy, the developer
cannot be paid until all the improvements being financed by the district are completed and
accepted by the City. The reason for this policy was to discourage partial payments on a
monthly basis for partial completed improvements. Staff wanted to be assured that all the parts
of a project, such as the utilities, drainage and street improvements, were completed for a
particular street prior to any payments being made.
In very large assessment districts, such as Eastlake Greens ($23 million), several independent
street projects are being financed by a single district. Because of construction scheduling, the
projects being financed by the assessment district have completion dates that do not occur
simultaneously and may be weeks or months apart. The City is currently holding the total
assessment district bond proceeds and is prepared to purchase the completed improvements.
Staff believes it appropriate to make partial release of bond funds as individual projects are
completed.
In order to accomplish the desired goal, the policy needs to be modified. The resolution will
approve modifying the policy to provide for payment of bond proceeds for similar projects, as
approved by the Director of Public Works, even though there may be several projects in an
assessment district. All the other conditions now required for payment (certification by the
Assessment Engineer, all work completed, price paid), are in conformance with City Policy and
based on competitive bidding.
FISCAL IMPACT: None.
l1'L:A y.ool
WP5IDOC1ASSMTPOL.CC
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COONCIL AGENDA STATEMENT
-:pc>~ ~
IC:/,:::> !9?:J
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Item 18
Meeting Date 10/9/90
ITEM TITLE: a) Public Hearing Consideration of an origination cparge
of 1% for use of assessment district financing
,
SUBMITTED BY:
b) Resolution 15897 Adopting
assessment district proceedings,
contained in Ordinance No.
origination charge
Director of Public work~
City Manager j ~
City policy relating to
implementation of provisions
2397 and establishing an
:
REVIEWED BY:
(4/5ths Vote: YeS_No...!....)
A public hearing was set to consider an origination charge of 1% for the use
of assessment district financing. A policy relating to this charge,
assessment districts and Ordinance No. 2397 is also being considered by._
Council at this meeting.
~ATION: That Council adopt the Resolution.
(
~
BOARDS/ca!MISSIONS REO:lMMENDATION: Not applicable.
DISCUSSION:
'.
At the meeting of september 25, 1990, Council considered Ordinance No. 2397
and a report relating to a proposed policy to establish an origination charge
of 1% for use -of assessment district financing and implementing said
Ordinance. Ordinance No. 2397 was adopted by Council on October 9, 1990 and
will become effective 30 days thereafter. This hearing is to consider the
charge Which would be established if Council approves the resolution adopting
a City policy relating to assessment district proceedings and implementation
of prOVisions contained in Ordinance No. 2397.
Following is a discussion of the proposed Council policy relative to the use
and administration' of Ordinance No. 2397. Since the ordinance allows the
acquisition of improvements not yet completed at the time assessments are--
levied, the policy considerations deal primarily with the amount of the
assessments to be levied and the acquisition process. Items considered are as
follows:
a. The circumstances under which the 'early liening procedure' to be
utilized.
..-
'!
The ordinance may be utilized if a developer can reasonably demonstrate
that the marketing of new homes can began prior to the completion of the
improvements for which an assessment district has been initiated. If
sales cannot or will not be started, for some non-assessment district
related reason, then the normal proceedings should be utilized;
,
IV 7-/5
Page 2, Item 18
Meeting Date 10/9/90
b. The amount of contingency to be allowed on the incompleted improvements
at the time of adoption of the Resolution of Intention.
.
Since the final cost of the incompleted improvements is unknown when the
assessments are levied, a reasonable allowance of ten percent (lO%) of
the estimated cost of the incompleted improvements is recommended;
c. Adjusting assessments based on final costs.
If the final project cost exceeds the amount as!;essed to the district,
the excess cost shall be absorbed by the developer. The only alternative
to the developer absorbing the excess cost would be a supplemental
assessment district proceeding wherein the excess cost would be assessed
to the same district which had been assessed previously. This would
undoubtedly be vigorously opposed by new home owners in the district.
(
If the final project cost is less than the estimated cost plus
contingency, the assessments shall be re-adjusted and the developer shall
be responsible for paying all associated costs;
d. Acquisition payments.
No payments will be made until all of the improvements have been
completed and certified by the assessment engineer.
e. Origination Charge for utilizing City financing.
It is recognized that the availability of assessment district financing
of infrastructure is a benefit to the development community. It is also
recognized that the City incurs a wide variety of responsibilities when
it allows its bonding capability to be used. These responsibilities
include responding to property owner requests for information, IIIOnitoring
assessment district funds and property owner payments, reporting interest
earnings to the federal government, and a whole array of on-going tasks
for years to come. While some of these costs are charged directly to the
assessment districts, many are not and represent a cost to the City.
Consequently, to cover these hidden costs, it is recommended that arf"
origination charge be collected and deposited into the General Fund from
each developer who requests assessment district financing, in the amount
of one percent (1%) of the estimated bond issue. This charge will not be
included in the costs to be recovered by levying of assessments. Staff
knows of at least one other juriSdiction that has" imposed such an
origination charge.
f. Use of the Chula Vista Version of the 1913 Act.
Assessment district financing shall only be used to finance the cost of
"backbone" infrastructure.
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Page 3, Item 18
Meeting Date 10/9/90
g.
Deposit to cover staff costs.
In any developer-initiated assessment district proceeding, the developer
shall deposit sufficient funds with the City to cover staff costs related
to processing the developer's application for special assessment district
financing.
. -- -
FISCAL IMPACT: The origination charge contribution to the General Fund
would vary depending on the number and size of assessment districts processed
each year. The other policy items represent no incr~se or decrease in City
cost since the developer is required to pay the additional costs associated
with adjusting the assessments. Identifiable assessment district costs to the
City are charged to the district.
DDS
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EXHIBIT 3
Eastlake Development
900 Lane Avenue
Chula Vista, CA 91913
Attention: Mr. Bruce Sloan
Rancho Del Rey
2727 Hoover Avenue
National City, CA
Attention: Mr. Ed
92050
Elliott
The Baldwin Company
11975 EI Camino Real, Suite 301
San Diego, CA 92130
Bankers Trust Company
280 Park Avenue, Floor 23 West
New York, NY 10017
Attention: Mr. Garrett W. Thelander
Shea Homes
10721 Treena Street, Suite 200
San Diego, Ca 92131
Attention: Rich Gustafson
PAC West
550 West "C" Street, Suite 1750
San Diego, CA 92101
Attention: Bill Hamlin
Construction Industry Federation
6336 Greenich Drive., Ste. F
San Diego, CA 92122
Attention: Jim Casey
Chamber of Commerce
233 Fourth Avenue
Chula Vista, CA 91910
Attention: Mr. Rod Davis
(M:\home\engineer\landdev\exhibit3
?~/~
COUNCIL AGENDA STATEMENT
~~
~@
.Dr4f
-
-
Item
Meeting Date 9/25/90
ITEM TITLE:
Ordinance Z3CJ7 Establ ishing specific
conditions for special assessment proceedings
Report: Establishing Cit;,7P01'CY relating to assessment
districts
Director of Public wor~
City Manager (4/5ths Vote: Yes___No___>
terms
and
SUBMITTED BY:
REVIEWED BY:
(
The proposed procedural ordinance adopts Division 12 of the Streets and
Highways Code of the State of California, commencing with Section 10000 and
modifies a portion thereof, to enable the City to finance the purchase and
acquisition of improvements completed after the adoption of the Resolution of
Intention and public hearing. Specific provisions for implementing the
proposed ordinance are outlined in a related policy on this agenda.
The policy being considered provides for criteria to implement the provisions
of the ordinance 'being considered, and establishment of a fee for use of
assessment di stri ct financing. A hearing before Council for an appl i cati on
fee of 1% is set by staff to be heard on October 9, 1990 at 6:30 p.m.
RECOMMENDATION: That Council place the Ordinance on its first reading.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Since the mid-1980's, the City has allowed the use of assessment district
proceedings, pursuant to the Municipal Improvement Act of 1913, for the
financing of infrastructure associated with development. In most cases, the
"acquisition" proceedings were utilized wherein the developer constructs the
improvements and the City "acquires" the completed improvements following a
public hearing. At present, only those improvements completed prior to the
Resolution of Intention and public hearing can be included in the acquisition
district. This ordinance proposes to change that sequence and allow the City
to establ ish the district and levy the assessments prior to completion of the
improvements.
Adopting said ordinance provides benefits not available with the present
procedure as follows:
1. The assessment di stri ct is establ i shed pri or to openi ng escrow for new
homes resulting in full disclosure with the maximum assessment known.
/ - /1
.
Page 2, Item
Meeting Date 9/25/90
2. The assessments are in place with the first tax bill thereby reducing
complai nts generated because substantial increases in the tax bi 11 occur
in subsequent years.
3. Proceedings for formation of the district will be easier to establ ish as
there will be fewer parties involved in the process.
The acquisition of improvements completed subsequent to the adoption of the
resolution of intention and public hearing provision is contained in the
Mello-Roos Community Facilities District Act of 1982 and is utilized by other
charter cities such as the City of San Diego. Other than the revised sequence
of the public hearing proceedings, there would be no changes to the
acquisition process. The acquisition payment to the developer would not be
made until all of the improvements are completed and accepted by th~ City.
Following is a discussion of a proposed Council policy relative to the use and
administration of the ordinance. Since the proposed ordinance allows the
acquisition of improvements not yet completed at the time assessments are
levied, the policy considerations deal primarily ~i~h' the amount of the
assessments to be levied and the acquisition process,'<Items considered are as
follows: '
a.
The circumstances under which the ordinance is to be utilized.
l
The ordinance may be utilized if a developer can reasonably demonstrate
that the marketing of new homes can began prior to the completion of the
improvements for which an assessment district has been initiated. If
sa 1 es cannot or will not be started, for some non-assessment di stri ct
related reason, then the normal proceedings should be utilized;
The amount of continoencv to be allowed on the incomoleted imorovements
at the time of adootion of the Resolution of Intention.
Since the final cost of the incompleted improvements is unknown when the
assessments are levied, a reasonable allowance of ten percent (10%) of
the estima~ed cost of the incompleted improvements is recommended;
c. Adiustino assessments based on final costs.
b.
If the final project cost exceeds the amount assessed to the district,
the excess cost shall be absorbed by the developer. .The only alternative
to the developer absorbing the excess cost would be a supplemental
assessment district proceeding wherein the excess cost would be assessed
to the same district which had been assessed previously. This would
undoubtedly be vigorously opposed by new home owners in the district.
If the final project cost is less than the estimated cost plus
contingency, the assessments shall be re-adjusted and the developer shall
be responsible for paying all associated costs;
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Page 3, Item
Heeting Date 9/25/90
{
d. Acauisition Davments.
It is recommended that no payments be made until all of the improvements
have been completed and certified by the assessment engineer.
e. Fee for utilizina Citv financina.
It is recognized that the availabil ity of assessment district financing
of infrastructure is a benefit to the development community. It is also
recognized that the City incurs a wide variety of responsibilities when
it allows its bonding capability to be used. These responsibilities
include responding to property awner requests for information, monitoring
assessment district funds and property owner payments, reporting interest
earnings to the federal government, and a whole array of on-going tasks
for years to come. While some of these costs are charged directly to the
assessment districts, many are not and represent a cost ta the City.
Consequently, to recover these costs, it is recommended that an
appl ication fee be collected and deposited into the General Fund from
each developer who ut il i zes assessment di stri ct fi nancing, in the amount
of one percent (1%) of the estimated bond issue. This fee will not be
included in the costs to be recovered by levying of assessments. Staff
knows of at least one other jurisdiction that has imposed such a fee.
The Ordinance (to be placed on first reading) only allows a change in
procedure to allow the public hearing for the assesment district prior to all
the improvements being completed. The Dol icv to charge a fee of one percent
and to give direction to staff for implementing this ordinance is not being
approved at this meeting, but has been set for public hearing for October 9,
1990.
FISCAL IMPACT: The contribution to the General Fund would vary depending on
the number and size of assessment di stricts processed each year. The other
policy items represent no increase or decrease in City cost since the
developer is required to pay the additional costs associated with adjusting
the assessments. Identifiable assessment district costs to the City are
charged to the district.
DDS
WPC 5184E
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The Baldwin Company
CrrifLl'fIlonship in building sina.> 1956
Apri125,1995
Chula V ista City COWlCiI
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Ro: Agenda Item #7
Dear Mayor Horton and Councilmcmbers:
lhe Baldwin Company requests that YOur Council continue Item #7 on the April 25, 1995
Agenda concerning a proposed increase in the City's assessment regulation fee.
The Agenda Item #7 staff report states that major properly owners were notified of an
informal meeting to review the proposal. Unfortunately, neither I nor any of my Baldwin
colleagues were aware oftbe meeting or we would have attended to voice some concerns.
We look forward to discussing the proposal with City staff prior to Council action.
Your consideration of this request is appreciated.
Sincerely,
co: John Goss
Jerry Jamriska
Bill IJlrich
John Lippett
7-23
11975 EI Caminu Real . SUIte 200 . San Diego, CA 92130 . (619) 259-2900
.___J ~_ _" ____
..I-P"'II ..._....
,
~
lb. Baldwin Company
CrtIftsmlUUhip In building sin"" /9J6
.
I
IEJ,J:COPIER TRANSMITI'AL
PLEASE DELIVER. TO THE PERSON USTJ!>> BELOW AS SOON AS POSSIBLE. THANK YOU.
, Date: ~ I ;;;...6 TIme:
Company: ~.f: OhuJ~ V(j)MJ
AUn.rvv"p:- t6-~0.cw\(\ \"'.."'hc'r"'l K<Mtx\-!.~ fWd ill C0
FAX #: J ~10'CJ2_:rA
From: -r \ m \G L~ <Y' ('\ ~
Enclosed please find 7.... pages including the cover page.
Comments:
If you do not receive all pages contact:
. CoJj1tt Cb~
Phone: ((j19) 259-2900
Fax: (19) 259-0242
7-24
Z 11 #~Sl.SS91.t
I ,l)~oIt Fl ("'~,,,,inll R'~'ll ~"it,. "no. ~.,'" ni..,~^ (".\ 1.)"'I11n . ,f\IQ, "oIliO.')lltVI
~AU~QWOJ U'MP'~Q ~ to:91 ~ ss-sz-t
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COUNCIL AGENDA STATEMENT
Item r
Meeting Date 4/25/95
Public Hearing: Formation of Assessment District No. 94-1
(Eastlake Greens II)
a) Resolution /:7 g/ /1 r Approving contracts for ownership of utility
improvements in Assessment District No. 94-1 (Eastlake Greens II).
/'
b) Resolution II) ~? .> Ordering certain changes and modifications to
the Engineer's Report in Assessment District No. 94-1 (Eastlake Greens
II) .
c) Resolution / '? If'?~ Denying Protests and making certain
fmdings in Assessment District No. 94-1 (Eastlake Greens In.
d) Resolution I? fr? 7 Confirming the assessments, ordering the
improvements made, together with appurtenances, and approving the
Engineer's Report in Assessment District No, 94-1 (Eastlake Greens II)
SUBMITTED BY: Director of Public workS~.
REVIEWED BY: City Manager.jC1 ~~ (4/5ths Vote: Yes_No..xJ
On May 10, 1995 Council approved the Acquisition/Financing agreement for Assessment District
No. 94-1. Later, on February 28, 1995 Council adopted the Resolution of Intention to order the
acquisition and financing of certain infrastructure serving the Eastlake Greens II properties pursuant
to the Municipal Improvement Act of 1913. On the same date, Council also adopted Resolution No.
17819 giving preliminary approval to the Engineer's Report for Assessment District No 94-1
(Eastlake Greens II) and setting public hearings for April 4 and 18, 1995 for the purpose of hearing
public testimony. The first public hearing was already held on April 4, 1995. On that date Council
opened the hearing but no testimony by the public was given. Council then closed the hearing and
directed staff to include any economic benefit to Eastlake Development Company resulting from the
application of the new methodology of apportioning the annual assessment installments in AD No.
94-1 in the Concessions Menu currently under consideration for the High Tech/Biotech Zone.
ITEM TITLE:
All owners of property within the proposed district (see Exhibit A) have been mailed their notice of
public hearing including the proposed assessment to their land.
RECOMMENDATION: That Council:
1) Hold the public hearing;
2) Receive public testimony;
3) Close the public hearing;
4) Approve the resolution approving contracts for ownership of utility improvements in
AD 94-1;
5) Approve the resolution ordering certain changes and modifications to the Engineer's
Report for AD No. 94-1;
g-~I
Page 2, Item 2(
Meeting Date 4/25/95
6) Approve the resolution denying protests and making certain [mdings in AD No. 94-1;
7) Approve the resolution confirming the assessments, ordering the improvements made
and approving the Engineer's Report in AD No. 94-1; and
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Municipal Improvement Act of 1913 is a financing mechanism which allows the financing of
public infrastructure improvements through the issuance of assessment districts bonds, the repayment
of which is made from assessment instalhnents collected from the property owners with their
property taxes. There is no direct cost to the City. This is an acquisition district wherein the
developer is constructing the public improvements and the City will acquire them upon completion
with funds derived from the sale of bonds. City policy establishes that only "backbone" facilities,
providing benefit to the entire property within the district, are eligible for assessment district
financing. The developer is responsible for financing the construction of local subdivision
improvements.
The public improvements to be financed through these acquisition proceedings include backbone
public facilities such as storm drain, sewer, water, reclaimed water, utilities, landscaping, grading,
and street surface improvements serving the whole Greens II. Eastlake intends to construct the
improvements in three phases to track with the development phasing (see Exhibit B). The proposed
improvements are:
I. South Greensview Drive from Clubhouse Drive to Hunte Parkway
South Greensview Drive is a residential collector street providing the main access to all the
properties within the Greens II. The public improvements include: grading, pavement and
base, curb, gutter, sidewalk, street lights, landscaping, and underground facilities for water,
reclaimed water, domestic water, sewer, storm drains, telephone and gas.
2. Hunte Parkway from Clubhouse Drive to East Orange Avenue
Hunte Parkway is a four-lane major street which is included in the Transportation
Development Impact Fee (TDIF) program. The improvements to be funded through AD 94-1
are: grading, pavement and base, curb, gutter, sidewalk, median, street lighting, landscaping,
and storm drain improvements.
3. East Orange Avenue from Hunte Parkway to the SDG&E Easement
East Orange Avenue is a six-lane prime arterial which is also a component of the TDIF
program. The improvements to be financed by AD 94-1 are grading and drainage facilities.
Proposed Assessments
The estimated total amount to be assessed to the land in the district is $7,834,491 (see Attachment
A) of which $5,915,064 are for grading and improvements, $937,109 for incidental costs (design,
plan check, City staff and consultants' cost) and $1,096,829 correspond to bond issuance costs
(reserve, underwriter discount, and capitalized interest).
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Page 3, Item ~
Meeting Date 4/25/95
The amount proposed to be assessed to the district is $98,992 less than was proposed at the time the
resolution of intention was adopted in late-February 1995. This is due to routine adjustments in the
total amount to be assessed to the district.
The properties in the Greens II are subject to prior assessments placed by the existing Assessment
Districts No. 90-3 and 91-1. Assessment District No. 90-3 funded the construction of major
infrastructure serving the whole Eastlake Development (Greens, Trails, Woods, Vistas, Business
Center II and OTC). Assessment District No. 91-1 levied only TDIF assessments on the Eastlake
Greens South properties. Assessment District 94-1 would finance the construction of backbone
facilities providing full service to the Greens II area and the improvement of a portion Hunte
Parkway and East Orange Avenue (TDIF facilities).
The Transportation Development Impact Fee (TDIF) program was established by Council to finance
the construction of major transportation facilities serving the Eastern Territories. All properties
located in the Eastern Area shall pay a fee prior to building permit approval. Most of the Greens II
(1,253.4 EDUs) have already paid the TDIF through the existing AD 91-1 at the rate of
$3,060/EDU. Only those parcels (120.0 EDUS) located in the land swap area (see Exhibit A) will
be paying the current fee of $3,998/EDU through AD 94-1. The land swap area (132.8 Acres) was
not included in the Greens when AD 91-1 was implemented. Since that time, Eastlake exchanged
land they owned in the Otay Ranch (just west of the Greens) for the land swap area. That area is
now being included in AD 94-1. The TDIF eligible cost of $1,995,422 is apportioned using the
current fee of $3,998 per Equivalent Dwelling Unit (EDU) which gives a total of 499.1 EDUs for
AD 94-1. The TDIF is proposed to be assessed against properties in the Greens II (120.0 ED Us),
Parcel R-26 (46.2 EDUs) and the Trails (332.9 EDUs).
The following table summarizes the existing and proposed districts:
Assessment Improvements Area of Status
District Funded Benefit
90-3 Backbone Infrastructure Entire Eastlake Develop- Existing
ment
91-1 TDIF Improvements Greens II(I,253.4 EDUs) Existing
and Parcel R-26 (46.2
EDUs)
94-1 a) Backbone Infrastructure Greens II Proposed
b) TDIF Improvements Greens 11(120.0 EDUs),
Parcel R-26 (46.2 EDUs)
and the Trails (332.9
EDUs)
The typical residential assessments for the 1,253.4 EDUs in the Greens II which have had the TDIF
previously paid by AD 91-1 are as follows:
8>3
Page 4, Item ~
Meeting Date 4/25/95
AD 90-3 AD 91-1 AD 94-1 TOTAL
Non- TDIF TDIF Non-TDIF TDIF
Single Family Detached $2,126 $3,656 $3,851 $0 $9,633
Single Family Attached $1,744 $2,925 $3,127 $0 $7,796
The typical assessments for the 120.0 EDUs in the land swap area with the TDIF paid through AD
94-1 are :
AD 90-3 AD 91-1 AD 94-1 TOTAL
Non-TDIF TDIF
Single Family Detached $0 $0 $5,977 $4,777 $10,754
Single Family Attached $0 $0 $4,871 $3,822 $8,693
The following procedure will be followed in order to ensure that all property meet the criteria set
forth by Council:
Lien Ratio: City policy establishes that the total lien placed on a property shall not exceed
one-third (113) of the value of the property as determined by an independent appraiser retained by
the City. Based on preliminary appraisal information, it was determined that most of the property
meets this criterion. A ftnal appraisal will be made prior to any bond sale. If this appraisal comes
in lower than expected, the developer would be required to either provide cash or letters of credit
to maintain the lien ratio within the City criteria or the principal amount of the bonds to be issued
for AD 94-1 will be reduced to comply with the City policies.
Maximum Tax: The combination of regular County taxes, Mello-Roos school taxes, and
assessment installments shall not exceed the City maximum of 2 % of the market value. If this is
exceeded during project development, the developer would be required to provide cash to either
reduce the assessment or the special tax obligation.
As mentioned before, a final appraisal will be made prior to the issuance of any bonds. The results
of this appraisal, amount of the bonds to be issued, and the lien ratio and maximum tax analysis will
be submitted to Council for approval prior to any bond sale.
Annual Apportionment of Assessment Installments.
The proposed project will be built in three phases. However, a single bond issue will be sold
pursuant to the 1915 Bond Act. Under the traditional assessment apportioning methodology stipulated
by the 1915 Bond Act, the annual amount to be paid by each residential parcel (developed or
undeveloped) should be the same in each year. In projects contemplating phased construction of bond
financed improvements, such as the Greens II, this annual assessment would be subject to an increase
as bond funds are expended. Such increase will be counter to current City Policy to have property
owners pay the fmal assessment amount when they purchase the house. Council did not want to
mislead home buyers in earlier phases by having low assessments in the beginning and then increase
it in later years. Further, property relying on future project construction (phases II and III) would
be subject to the same financial impact as proper~ which can be immediately developed (phase I),
which would not be equitable. 8" 7'
Page 5, Item ~'
Meeting Date 4/25/95
Ordinance No. 2628 "City of Chula Vista Assessment District Procedural Ordinance" amends the
provisions of the 1915 Act by establishing that the amount collected from each parcel shall be in
accordance with the methodology set forth in the Engineer's Report. The new methodology of
apportioning the annual installments in AD 94-1 is presented on page 31 "Annual Apportionment of
Assessment Installments" of the Engineer's Report (Attachment B). Under this methodology, the
annual assessment installments collected from developed parcels will be approximately the same each
year and will be equal to the full amount authorized to be collected annually from such parcels. A
"developed" parcel is one for which a building permit has been issued or which has been created for
residential use by a final subdivision or parcel map regardless of whether such parcel is owned by
the original developer or a residential homeowner. The annual assessment installment for
"undeveloped" parcels will be the full amount authorized to be collected from such parcels minus
a pro rata share of the interest earnings, if any, resulting from the investment of the unexpended
bond proceeds. As such bond proceeds are expended, the annual assessment installments for such
undeveloped parcels shall increase until such installments equal the full amount to be collected from
such parcels.
This new procedure provides a fair and equitable approach for apportioning the annual installments
in those projects contemplating a phased development, such as the AD 94-1 (Greens II). The
methodology provides for the collection of annual installments during buildout of the assessment
district in amounts that more accurately reflect the benefit actually being received by the assessed
parcels. Those parcels which are developed and will use the public improvements sooner than the
undeveloped parcels will start paying the maximum annual assessment installment earlier in time than
the undeveloped parcels. Parcels developing later in the project will start paying partial installment
and will over time pay their corresponding full amount.
As mentioned before, the improvements will be built in three phases over 3 to 5 years as needed to
serve the Greens II development. A single bond issue in the amount of the total assessment
($7,834,491 will be sold at Phase 1. Unspent bond proceeds that remain to finance the construction
of phases 2 and 3 will be deposited in the Improvement Fund which will be earning interest.
Hypothetical development scenarios performed by staff estimates that the total interest earnings could
be in the order of $355,000 and $438,000 for a three and five-year buildout of the Greens II
respectively (see Attachment C).
Under the traditional methodology, all parcels (developed and undeveloped) would be paying the
same amount beginning the first year, even though undeveloped parcels are receiving a lesser benefit
from the constructed improvements until such parcels are developed. Under this approach, the
interest earnings accumulated during the construction period could be used to lower the assessment
on all the properties in the district. Staff estimates that the annual installment for a residential parcel
in the Greens II (approximately $350) could be reduced by about 5% (approx. $18 per year).
As mentioned above, the proposed methodology for AD 94-1 recognizes the fact that undeveloped
parcels receive a lesser benefit than the developed parcels during the project buildout due to the
phased construction of the improvements. Thus, the interest earnings will be used to lower the annual
installments of undeveloped parcels and the owner of the undeveloped parcels will pay the difference
between the full annual installment for the undeveloped parcels and the interest earnings, if any, until
such parcels are developed.
Bond Counsel (Brown, Diven & Hentschke), Financial Consultant (Kadie-Jensen, Johnson & Bodnar)
and city staff have reviewed the proposed methodology. They have concluded that the new procedure
provides a fairer and more equitable approach for apportioning the annual installments and
recommend Council approval. ? 0
Page 6, Item ~
Meeting Date 4/25/95
Resolutions.
There are four resolutions on today's agenda which, if adopted, will accomplish the following:
1. "Resolution approving contracts for ownership of utility improvements". In order to
procedurally acquired the water system, reclaimed water, telephone and electrical systems,
it is necessary for the City to enter into three-party agreements with the developer, Otay
Water District, San Diego Gas & Electric and Pacific Bell for the acceptance and conveyance
of improvements constructed as part of the assessment district improvements. This resolution
approves these agreements. There is no cost or liability involved in entering into these
agreements.
The proposed agreements are in substantially final form but they have not yet been executed
by the corresponding parties. Due to time constraints, the developer is requesting to submit
the agreements for Council approval. Staff recommends that Council approve the proposed
agreements subject to the determination by the City Attorney that the final agreements do not
contain any material changes or modifications.
2. "Resolution ordering certain and modifications to the Engineer's Report". There have been
several changes to the Engineer's Report resulting from routine adjustments and a reduction
in the number of residential units proposed for the Greens II. These changes have resulted
in higher assessments to the units than was proposed at the time the Preliminary Report was
approved on February 28, 1995. The property owners have signed a consent and waiver form
for the higher assessment.
3. The "Resolution denying protests and making certain findings" is the formal action denying
protests and making findings regarding the benefit distribution of the assessments.
4. "Resolution confirming the assessments". This resolution approves the Final Engineer's
Report, confIrms and levies the assessments contained therein, and approves the mechanism
by which the improvements may be acquired when they are completed.
Currently, the Acquisition/Financing Agreement requires that the City Council approves each
acquisition payment made to the developers. Staff believes that this step places an
unnecessary burden on the Council considering that the total amount of the bond sale - the
proceeds of which are used to acquire the improvements - is approved by Council during the
district proceedings and the auditing and processing of the payment request is merely an
administrative process that normally is handled by staff. This resolution, if approved, will
amend the Acquisition/Financing Agreement by allowing the City Engineer to approve the
payments to the developers.
Hil!h Tech/ Biotech Zone.
The City is currently working with Eastlake Development Company in identifying concessions to
Eastlake that would offset their cost of selling land at discounted prices to targeted companies. As
mentioned before, the approval of the new methodology of collecting the assessment installments in
AD 94-1 has the potential of providing a significant economic benefit to Eastlake. This benefit would
not be available if the standard procedure is followed. Staff proposes to include this item as part of
the concessions to be provided to Eastlake.
?~I
Page 7, Item
Meeting Date 4/25/95
/
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Future Actions.
* The bond sale is planned for June 1, 1995. The Financial Consultant estimate for the bonds
interest rate is around 7.5 % .
FISCAL IMPACT: Eastlake Development will pay all costs associated with the formation of the
district and will be reimbursed once bonds have been sold. The City will receive the benefit of full
cost recovery for staff cost (estimated at $78,000) to be funded by the district. Eastlake will also
deposit with the City an origination charge. It is anticipated that this origination charge would be
between $79,335 and $119,002 (1.0% to 1.5% of the confirmed assessment). The final amount will
be determined after Council consideration of a proposed change in the origination charge to be
collected from developers for the use of public financing. Staff had proposed last year, as a measure
to increase City revenues, that the origination charge for more complicated acquisitions be increased.
This issue is before Council tonight and will be considered at the public hearing regarding the
origination charge. Mter bond sale, the origination payment would be transferred to the general
fund.
Attachment:
A-
B -
C. -
Cost Estimate Exhibit A-
Engineer's Report B -
Assessment Installment Cash Flows
District Diagram
Eastlake Greens - Project Phasing
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AMENDED BOUNDARY MAP
(ACQUISITION)
ASSESSMENT DISTRICT 94-1
CITY or CHULA VISTA, STATE or CALlrORNIA
COUNTY or SAN DIEGO
EASTLAKE GREENS II
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ENGINEER'S REPORT
PART n
COST ESTIMATE
ASSESSMENT DISTRICT NO. 94-1
CONSTRUCTION COST (See Pages 9a-91) PRELIMINARY CONFIRMED
Streets, Grading, Landscaping and Dry Utilities $1,804,343 $1,804,343
Water 382,345 382,345
Sewer 177,750 177,750
Storm Drain 1,214,605 1,214,605
Reclaimed Water 158,950 158,950
DIF Streets. 1,639,338 1,639,338
Sub-total construction cost $5,377,331 $5,377,331
Contingency (10%) 537,733 537,733
TOTAL CONSTRUCTION COST $5,915,064 $5,915,064
INCIDENTAL EXPENSES
1. Civil Engineering $275,262 $275,262
2. Soils Engineering 81,825 81,825
3. Surveying 96,656 96,656
4. Dry Utilities Engineering 15,501 15,501
5. Landscaping Architect 36,606 36,606
6. Public Agency (project Management & 78,000 78,000
Assessment Engineering)
7. Plan Check & City Fees 86,621 86,621
8. City Bonds 32,967 32,967
9. Bond Printing, Servicing & Registration 10,000 10,000
10. Printing & Advertising 1,000 1,000
11. Bond Counsel 40,155 39,586
12. Assessment Consulting 10,000 10,000
13. Financial Consultant 39,834 42,000
14. DlF Project City Administration 36,065 36,065
15. DlF Support 95,020 95,020
Total Incidentals $937,357 $ 937,109
Less Developer Contribution I ($108,960) (J 14,511)
Subtotal Acquisition Expenses $6,743,461 $6,737,662
(Construction cost plus incidental expenses)
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COST OF ISSUANCE PRELIMINARY CONFIRMED
Capitalized Interest (2%) 2 $ 158,670 $ 156,690
Bond Discount (3%) (2%) 238,004 $ 156,690
Reserve Fund (10%) 793,438 $783,449
Subtotal Cost of Issuance $1,190,022 $1,096,829
Balance to Assessment $7,933,483 $7,834,491
Some facilities to be constructed by the assessment district are eligible for Development Impact
Fee (OIF) Credit. The following table gives that part of the Cost Estimate which is eligible for
Development Impact Fee credit.
COST ESTIMATE OF ACQUISITION OF
DEVELOPMENT IMPACT FEE (TRANSPORTATION)
ELIGmLE IMPROVEMENTS
CONSTRUCTION COST PRELIMINARY CONFIRMED
Streets $588,828 $588,828
Storm Drain 64,017 64,017
Dry Utilities (Street lights & traffic signals) 38,263 38,263
Grading 541,050 541,050
Landscaping 407,180 407,180
Subtotal Construction Cost $1,639,338 $1,639,338
Contingency (10%) 163,934 163,934
TOTAL CONSTRUCTION COST $1,803,272 $1,803,272
Soils engineering 25,202 25,202
Surveying 29,770 29,770
Plan Check 4,352 4,352
Survey Bonds 1,741 1,741
DIF Project City Administration ' 36,065 36,065
Subtotal Incidentals 97,130 97,130
Total Construction + Incidentals 1,900,402 1,900,402
DfF Support' 95,020 95,020
Total DIF Eligible $1,995,422 $1,995,422
"""'I
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I The golf course assessment ($108,960) will be paid as developer contribution to the district
2 Assuming bond sale on 6/1/95 ........
3 2 % of total OIF construction cost
· 5 % of total OIF construction cost and incidentals
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CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO. 94-1
,
(EASTLAKE GREENS II)
ENGINEER'S REPORT
Mavor
Shirley A. Horton
City Council Members
Robert P. Fox
Jerl1' R. Rindone
John S. Moot
Stephen C. Padilla
City Staff
John D. Goss, City Manager
John P. Lippitt, Director of Public Works/Superintendent of Streets
Bruce Boogaard, City Attorney
Clifford Swanson, Deputy Public Works Director/City Engineer
Assessment Team
City of Chula Vista, Assessment Engineer and Project Management
Brown, Diven, & Hentschke, Bond Counsel
Kadie-Jensen, Johnson and Bodnar, Financial Consultant
Preliminary approval by the City Council of the City of Chula Vista on the
,1995.
day of
City Clerk, City of Chula Vista
Final approval and confirmation by the City Council of the City of Chula Vista on the
day of , 1995.
City Clerk, City of Chula Vista
~~-16
CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO. 94-1
(EASTLAKE GREENS In
~
TABLE OF CONTENTS
SECTION A - ORDER OF PROCEDURE AND SCHEDULE OF EVENTS ........ 2
SECTION B - GENERAL INFORMATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
SECTION C - RESOLUTION OF INTENTION ............................ 4
ENGINEER'S "REPORT" ........................................... 5
PART I - PLANS AND SPECIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
PART II - COST ESTIMATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
PART III - ASSESSMENT ROLL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
PART IV - ANNUAL ADMINISTRATIVE ASSESSMENT ................... 33
~
PART V - DIAGRAM OF ASSESSMENT DISTRICT ....................... 34
PART VI - DESCRIPTION OF WORKS OF IMPROVEMENT ................. 35
APPENDIX A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-I
APPENDIX B . . . . . . . . . . . . . . . . . . . . . . ...... . . . . . .. . . . . . . . '" . . .. .. B-1
~
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SECTION A
ORDER OF PROCEDURE
AND
SCHEDULE OF EVENTS
ASSESSMENT DISTRlCT NO. 94-1
(EASTLAKE GREENS II)
Event Date Resolution
1. Adopt Mitigated Negative Declaration April 12, 1994 17456
IS-94-19
Certification of Final July 18, 1989 15197
Enviromental Impact Report No.
86-4 Eastlake Greensrrrails
2. Adopt Boundary Map April 12, 1994 17457
3. Proposed Resolution of Intention and April 12, 1994 17458
Request for County Consent and
Jurisdiction
4. Approve Acquisition Agreement May 10, 1994 17483
5. Consent and Jurisdiction Approval June 7, 1994 94-194
6. Approval of Resolution of Intention February 28, 1995 17818
7. Approval of Preliminary Engineer's February 28, 1995 17819
Report
8. Public Hearings April 4 and 18, 1995
9. Confirmation of Assessments
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SECTION B
GENERAL INFORMATION
""'"
ASSESSMENT DISTRlCT 94-1
The Assessment District is proposed to be formed for the purpose of financing the acquisition
of certain public improvements under the Municipal Improvement Act of 1913. The general
administration of this District will be undertaken by the City of Chula Vista and all official
actions will be made by the City Council.
Following the public hearings and confirmation of the assessments, the property owner has
thirty (30) days in which to pay all or any portion of this assessment without incurring
financing costs for the amount prepaid. Each property owner has the option of paying their
total proportional share in cash during this 30 day cash collection period, or by paying the
assessment in installments through the issuance of assessment bonds. If the property owner
elects not to pay the assessment within the 30 day cash collection period, assessment bonds,
in the amount of the unpaid assessment, will be sold to cover the cost of the assessment. The
total cost may include, but is not limited to, such items as construction costs, design costs, legal
fees, various consultant fees, printing and publication charges, financing costs and costs of
servicing bonds.
The cost of the acquisition of these improvements and incidentals costs are assessed and spread
proportionally over every parcel of land within the District that receives a direct and special ~
benefit from the improvements. The method of making the assessment spread is in accordance
with benefits received. The level of benefit varies according to land use and utilization of the
improvements funded.
Acquisition Construction Cost $5,915,064
Less developer Contribution (114,511)
Incidental Expenses 937,109
Cost of Issuance 1,096,829
Balance to Assessment $7,834,491
Additional information may be obtained by contacting the Office of the Public Works Director,
John P. Lippitt.
'""'
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SECTION C
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RESOLUTION OF INTENTION
(Copy follows: Resolution is on file in the Office of the Ci~ Clerk)
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AGENCY: CITY OF CHULA VISTA, CALIFORNIA
PROJECT: ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II)
TO: CITY COUNCIL
.
ENGINEER'S "REPORT"
PURSUANT TO THE PROVISIONS
OF SECTION 10204 OF THE
STREETS AND HIGHWAYS CODE
Pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of
the Streets and Highways Code of the State of California, and in accordance with the
Resolution of Intention, being Resolution No. 17818, adopted by the City Council of the City
of Chula Vista, State of California, in connection with the proceedings for Assessment District
No. 94-1 (EastLake Greens II) (hereinafter referred to as the "Assessment District"), I, the
appointed Superintendent of Streets, submit herewith the "Report" for the Assessment District,
consisting of six (6) parts as follows:
PART I
Plans and specifications for the improvements proposed to be acquired are filled herewith and .
made a part hereof. Said plans and specifications are on file in the Office of the City Clerk.
PART n
An estimate of the cost of the acquisition of the proposed improvements, including incidental
costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto.
PART ill
A proposed assessment of the total amount of the costs and expenses of the acquisition of the
proposed improvements upon the several subdivisions of land within the Assessment District,
in proportion to the estimated benefits to be received by such subdivisions, from said
improvements, is set forth upon the assessment roll filed herewith and made a part hereof.
PART IV
The proposed maximum annual assessment to be levied upon any subdivision or parcel of land
within the Assessment District to pay the costs incurred, and not otherwise reimbursed,
resulting from the administration and collection of assessments and/or administration and
registration of bonds and other funds.
.
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PART V
A diagram shov.ing the Assessment District, the boundaries and the dimensions of the
subdivisions of land within said Assessment District, as the same existed at the time of the
passage of the Resolution of Intention, is filed herev.ith and made a part hereof, and part of
the assessment.
PART VI
A. Description of the work for the proposed improvements;
B. Description of all rights-of-way, easements and lands to be acquired, if necessary;
C. Environmental certification.
This Preliminary Report dated this
day of
, 1995.
John P. Lippitt
Superintendent of Street
City of Chula Vista
State of California
This Final Report dated this
day of
, 1995.
John P. Lippitt
Superintendent of Streets
City of Chula Vista
State of California
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ENGINEER'S REPORT
PART I
PLANS AND SPECIFICATIONS
ASSESSMENT DISTRICT NO. 94-1
The plans and specifications for this Assessment District are referenced herein and incorporated
as if attached and a part of this "Report". Said plans and specifications are on file in the
Offices of the City Clerk and the Superintendent of Streets.
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ENGINEER'S REPORT
PART II
COST ESTIMATE
ASSESSMENT DISTRICT NO. 94-1
CONSTRUCTION COST (See Pages 9a-91) PRELIMINARY CONFIRMED
Streets, Grading, Landscaping and Dry Utilities $1,804,343 $1,804,343
Water 382,345 382,345
Sewer 177,750 177,750
Stonn Drain 1,214,605 1,214,605
Reclaimed Water 158,950 158,950
DlF Streets 1,639,338 1,639,338
Sub-total construction cost $5,377,331 $5,377,331
Contingency (J 0%) 537,733 537,733
TOTAl CONSTRUCTION COST $5,915,064 $5,915,064
INCIDENTAL EXPENSES
1. Civil Engineering $275,262 $275,262
2. Soils Engineering 81,825 81,825
3. Surveying 96,656 96,656
4. Dry Utilities Engineering 15,501 15,501
5. Landscaping Architect 36,606 36,606
6. Public Agency (project Management & 78,000 78,000
Assessment Engineering)
7. Plan Check & City Fees 86,621 86,621
8. City Bonds 32,967 32,967
9. Bond Printing, Servicing & Registration 10,000 10,000
10. Printing & Advertising 1,000 1,000
11. Bond Counsel 40,155 39,586
12. Assessment Consulting 10,000 10,000
13. Financial Consultant 39,834 42,000
14. DlF Project City Administration 36,065 36,065
15. DlF Support 95,020 95,020
Total Incidentals $937,357 $ 937,109
Less Developer Contribution J ($108,960) (114,511)
Subrotal Acquisition Expenses $6,743,461 $6,737,662
(Construction cost plus incidental expenses)
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COST OF ISSUANCE PRELIMINARY CONFIRMED
Capitalized Interest (2%) , $ 158,670 $ 156,690
Bond Discount (3%) (2%) 238,004 $ 156,690
Reserve Fund (10%) 793,438 $783,449
Subtotal Cost of Issuance $1,190,022 $1,096,829
Balance to Assessment $7,933,483 $7,834,491
Some facilities to be constructed by the assessment district are eligible for Development Impact
Fee (DIF) Credit. The following table gives that part of the Cost Estimate which is eligible for
Development Impact Fee credit.
COST ESTIMATE OF ACQUISITION OF
DEVELOPMENT IMPACT FEE (TRANSPORTATION)
ELlGmLE IMPROVEMENTS
CONSTRUCTION COST PRELIMINARY CONFIRMED
Streets $588,828 $588,828
Storm Drain 64,0]7 64,017
Dry Utilities (Street lights & traffic signals) 38,263 38,263
Grading 541,050 541,050
Landscaping 407,180 407,180
Subtotal Construction Cost $1,639,338 $1,639,338
Contingency (10%) 163,934 163,934
TOTAL CONSTRUCTION COST $1,803,272 $1,803,272
Soils engineering 25,202 25,202
Surveying 29,770 29,770
Plan Check 4,352 4,352
Survey Bonds 1,741 1,741
DlF Project City Administration ' 36,065 36,065
Subtotal Incidentals 97,130 97,130
Total Construction + Incidentals 1,900,402 1,900,402
DlF Support' 95,020 95,020
Total DIF Eligible $1,995,422 $1,995,422
I The golf course assessment ($108,960) will be paid as developer contribution to the district
2 Assuming bond sale on 6/1/95
3 2 % of total DIF construction cost
· 5 % of total DIF construction cost and incidentals
WPC M:\HOME\ENGINEER\187S.94
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"""'\
""'"
""'"
ENGINEER'S REPORT
.
PART ill
ASSESSMENT ROLL
ASSESSMENT DISTRICT NO. 94-1
(EASTLAKE GREENS m
WHEREAS, on , the City Council of the City of Chula Vista, California,
did, pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12
of the Streets and Highways Code of the State of California, and as amended, adopt its
Resolution of Intention No. 17818, for the acquisition of certain public improvements, together
with appurtenances and appurtenant work in connection therewith, in a special assessment district
known and designated as Assessment District No. 94-1 (EastLake Greens II) (hereinafter referred
to as the "Assessment District"); and,
WHEREAS, said Resolution of Intention, as required by law, did direct the appointed
Superintendent of Streets to make and file a "Report", consisting of the following:
a.
b.
c.
. d.
e.
Plans;
Specifications;
Cost estimate;
Assessment diagram showing the Assessment District and the subdivisions of land
contained therein;
A proposed assessment of the costs and expenses of the acquisition of the works
of improvement levied upon the parcels and lots of land within the boundaries of
the Assessment District.
For particulars, reference is made to the Resolution of Intention as previously adopted.
NOW, THEREFORE, the undersigned, pursuant to the "Municipal Improvement Act of 1913",
does hereby submit the following:
1. I, pursuant to the provisions of the law and the Resolution of Intention, have assessed the
costs and expenses of the acquisition of the works of improvement to be performed in
the Assessment District upon the parcels of land in the Assessment District benefitted
thereby in direct proportion and relation to the estimated benefits to be received by each
of said parcels. For particulars as to the identification of said parcels, reference is made
to the Assessment Diagram, a copy of which is attached hereto.
2.
As required by law, a Diagram is hereto attached, showing the Assessment District, as
well as the boundaries and dimensions of the respective parcels and subdivisions of land
within said Assessment District as the same existed at the time of the passage of said
Resolution of Intention, each of which subdivisions of land or parcels or lots respectively
have been given a separate number upon said Diagram and in said Assessment Roll.
.
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3.
The subdivisions and parcels of land the numbers therein as shown on the respective
Assessment Diagram as attached hereto correspond with the numbers as appearing on the
Assessment Roll as contained herein.
""'"
4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10
of the Streets and Highways Code of the State of California (the "Improvement Bond Act
of 1915"), to represent all unpaid assessments, and the last installment ofsaid bonds shall
mature a maximum of thirty-nine (39) years from the 2nd day of September next
succeeding twelve (12) months from their date. Said bonds shall bear interest at a rate
not to exceed the current legal maximum rate of 12 % per annum.
5. By virtue of the authority contained in said "Municipal Improvement Act of 1913", and
by further direction and order of the legislative body, I hereby make the following
Assessment to cover the costs and expenses of the acquisition of the works of
improvement for the Assessment District based on the costs and expenses as set forth
below:
As Preliminarily
Approved As Confirmed
Estimated Cost of Acquisition $5,915,064 $5,915,064
Less Developer Contribution (108,960) ($114,511)
Incidental Cost 937,357 $937,109
Cost of Issuance 1,190,022 $1,096,829
Balance to Assessment 7,933,483 $7,834,491
""""
For particulars as to the individual assessments and their descriptions, reference is made
to the Exhibit attached hereto.
6. The Method of Soread of Assessment is as set forth in Exhibit "A", which is attached
hereto, referenced and so incorporated.
Dated:
, 1995
Superintendent of Streets
City of Chula Vista
State of California
""""
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Page 11
ASSESSMENT ROLL
• Preliminary Confirmed
Asmt M APN Legal Description Assessment Assessment
Map 13180 , Lot 1 $0.00 $0.00
2
Map 13180
$577,392.68
$0.00
Lots 2 through 7
$359,588.59 TDIF
$0.00
&Wly Remainder Lot
Map 17476
$3,774,595.33
$0.00
Parcel 1, 2 & Wly
$710,961.33 TDIF
$0.00
and Ely Remainder Lots
643 -030 -04
$710,478.01 TDIF
$0.00
TOTAL ASMT N 2 $6,133,015.94 $0.00
3 643- 020 -39 $201,513.47 $175,117.49
$167,228.17 TDIF $138,537.44 TDIF
643- 070 -04 $559,112.52 $543,880.24
5463,985.67 TDIF $434,720.18 TDIF
TOTAL ASMT03 $1,391,839.83 $1,292,255.35
4 595- 320 -16 $0.00 $0.00
(Developer
Contribution)
5 Unit 1 Map 13115, Lot 1 $2,746.08
6 Unit 2 Map 13115, Lot 1 $2,746.08
7 Unit 3 Map 13115, Lot 1 $2,746.08
8 Unit 4 Map 13115, Lot 1 $2,746.08
9 Unit 5 Map 13115, Lot 1 $2,746.08
10 Unit 6 Map 13115, Lot 1 $2,746.08
11 Unit 7 Map 13115, Lot 1 $2,746.08
12 Unit 8 Map 13115, Lot 1 $2,746.08
13 Unit 9 Map 13115, Lol,1 $2,746.08
14 Unit 10 Map 13115, Lot 1 $2,746.08
15 Unit 11 Map 13115, Lot 1 $2,746.08
16 Unit 12 Map 13115, Lot 1 $2,746.08
17 Unit 13 Map 13115, Lot 1 $2,746.08
18 Unit 14 Map 13115, Lot 1 $2,746.08
19 Unit 1 Map 13115, Lot 2 $2,746.08
20 Unit 2 Map 13115, Lot 2 52,746.08
21 Unit 3 Map 13115, Lot 2 $2,746.08
22 Unit 4 Map 13115, Lot 2 $2,746.08
23 Unit 5 Map 13115, Lot 2 $2,746.08
24 Unit 6 Map 13115, Lot 2 $2,746.08
25 Unit 1 Map 13115, Lot 3 $2,746.08
26 Unit 2 Map 13115, Lot a 52,746.08
27 Unit 3 Map 13115, Lot 3 52,746.08
28 Unit 4 Map 13115, Lot 3 52,746.08
29 Unit 1 Map 13115, Lot 4 $2,746.08
30 Unit 2 Map 13115, Lot 4 $2,746.08
31 Unit 3 Map 13115, Lot 4 52,746.08
32 Unit 4 Map 13115, Lot 4 52,746.08
33 Unit 5 Map 13115, Lot 4 52,746.08
34 Unit 6 Map 13115, Lot 4 52,746.08
35 Unit 7 Map 13115, Lot 4 $2,746.08
36 Unit 8 Map 13115, Lot 4 $2,746.08
37 Unit 9 Map 13115, Lot 4 $2,746.08
38 Unit 10 Map 13115, Lot 4 $2,746.08
39 Unit 11 Map 13115, Lot 4 $2,746.08
40 Unit 12 Map 13115, Lot 4 $2,746.08
41 Unit 13 Map 13115, Lot 4 $2,746.08
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
52,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
52,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
$2,812.96
FROE I2d
ASSESSMENT ROLL
Preliminary Confinned ;
Asml# APN Le al Oescri tion Assessment Assessment
42 Unit 14 Map 13115, Lot 4 $2,746.08 $2,812.96
43 Unit 1 Map 13115, Lot5 $2,746.08 $2,812.96
44 Unit 2 Map 13115, Lot 5 $2,746.08 $2,812.96
45 Un~ 3 Map 13115, Lot 5 $2,746.08 $2,812.96
46 Unrt 4 Map 13115, Lot 5 $2,746.08 $2,812.96
47 Unit 5 Map 13115, Lot 5 $2,746.08 $2,812.96
48 Un~ 1 Map 13115, Lot 6 $2,746.08 $2,812.96
49 Unit 2 Map 13115,Lot6 $2,746.08 $2,812.96
50 Unit 3 Map 13115, Lot 6 $2,746.06 $2,81296
51 Un~ 4 Map 13115, Lot6 $2,746.08 $2,812.96
52 Un~ 1 Map 13115, Lot 7 $2,746.08 $2,812.96
53 Un~ 2 Map 13115,Lot7 $2,746.08 $2,812.96
54 Unit 3 Map 13115,Lot7 $2,746.08 $2,812.96
55 Unit 4 Map 13115,Lot7 $2,746.08 $2,812.96
56 Unit 5 Map 13115, Lot 7 $2,746.08 $2,812.96
57 Unit 1 Map13115,Lot8 $2,746.08 $2,812.96
58 Unit 2 Map 13115, Lot 8 $2,746.08 $2,812.96
59 Unit 3 Map 13115, Lot 8 $2,746.08 $2,812.96
60 Unit 4 Map 13115,Lot8 $2,746.08 $2,812.96
61 Un~ 5 Map 13115, Lot 8 $2,746.08 $2,812.96
62 Unit 8 Map 13115, Lot 8 $2,746.08 $2,812.96
63 Unit 7 Map 13115, Lot 8 $2,746.08 $2,812.96
64 Unit 8 Map 13115, Lot 8 $2,746.08 $2,812.96
65 Unit 9 Map 13115, Lot 8 $2,748.08 $2,812.96
66 Unit 10 Map 13115, Lot 8 $2,746.08 $2,812.96
67 Un~ 1 Map13115,Lot9 $2,746.08 $2,812.96
88 Un~ 2 Map13115,Lot9 $2,746.08 $2,812.96
69 Un~ 3 Map 13115, Lot 9 $2,746.08 $2,812.96 -..
70 Unit 4 Map 13115, Lot 9 $2,748.08 $2,812.96
71 Unit 5 Map 13115, Lot 9 $2,748.08 $2,812.96
72 Unit 6 Map 13115, Lot 9 $2,746.08 $2,812.96
73 Un~ 1 Map13115,Lot10 $2,746.08 $2,812.96
74 Unit 2 Map13115,Lot10 $2,746.08 $2,812.96
75 Unit 3 Map 13115, Lot 10 $2,748.08 $2,812.96
76 Unit 4 Map 13115, Lot 10 $2,748.08 $2,812.96
77 Unit 5 Map 13115, Lot 10 $2,746.08 $2,812.96
78 Un~ 6 Map 13115, Lot 10 $2,746.08 $2,812.96
79 Un~ 7 Map 13115, Lot 10 $2,746.08 $2,812.96
80 Unit 8 Map 13115, Lot 10 $2,746.08 $2,812.96
81 Un~ 9 Map13115,Lotl0 $2,746.08 $2,812.96
82 Unit 10 Map 13115, Lot 10 $2,746.08 $2,812.96
83-90 Numbers Not Used
91 Map 13161, Lot 1 $3,812.41 $3,850.85
92 Map 13161, Lot 2 $3,812.41 $3,850.85
93 Map 13161, Lot 3 $3.812.41 $3,850.85
94 Map 13161, Lot 4 $3,812.41 $3,850.85
95 Map 13181, Lot 5 $3,812.41 $3,850.85
96 Map 13181, Lot 6 $3,812.41 $3,850.85
97 Map 13161, Lot 7 $3,812.41 $3,850.85
98 Map 13161, Lot 8 $3,812.41 $3,850.85
99 Map 13181, Lot 9 $3,812.41 $3,850.85
100 Map 13181, Lot 10 $3,812.41 $3,850.85
101 Map 13181, Lot 11 $3,812.41 $3,850.85
102 Map 13181, Lot 12 $3,812.41 $3,850.85
103 Map 13181, Lot 13 $3,812.41 $3,850.85
104 Map 13181, Lot 14 $3,812.41 $3,850.85 ~
105 Map 13181, Lot 15 $3,812.41 $3,850.85
108 Map 13181, Lot 18 $3,812.41 $3,850.85
107 Map 13161, Lot 17 $3,812.41 $3,850.85
108 Map 13161, Lot 18 $3,812.41 $3,850.85
~ III:
I I
'g-zg p....jc. l2.b
ASSESSMENT ROLL
. relimlnary Confirmed
Asml# APN Le al Oescri tion Assnsm.nt Assessment
109 Map 13161, Lot 19 $3,812.41 $3,850.85
lID Map 13161, Lot 20 $3,812.41 $3,850.85
111 Map 13161, Lot 21 $3,812.41 $3,850.85
112 Map 13161, Lot 22 $3,812.41 $3,850.85
113 Map 13161, Lot 23 $3,812.41 $3,850,85
114 Map 13161, Lot 24 $3,812.41 $3,850.85
115 Map 13161, Lot 25 $3,812.41 $3,850.85
116 Map 13161, Lot 26 $3,812.41 $3,850.85
117 Map 13161, Lot 27 $3,812.41 $3,850.85
118 Map 13161, Lot 28 $3,812.41 $3,850.85
119 Map 13161, Lot 29 $3,812.41 $3,850.85
120 Map 13161, Lot 30 $3,812.41 $3,850.85
121 Map 13161, Lot 31 $3,812.41 $3,850.85
122 Map 13161, Lot 32 $3,812.41 $3,850.85
123 Map 13161, Lot 33 $3,812.41 $3,850.85
124 Map 13161, Lot 34 $3,812.41 $3,850.85
125 Map 13161, Lot 35 $3,812.41 $3,85085
126 Map 13161, Lot 36 $3,812.41 $3,850.85
127 Map 13161, Lot 37 $3,812.41 $3,850.85
128 Map 13161, Lot 38 $3,812.41 $3,850.85
129 Map 13161, Lot 39 $3,81241 $3,850.85
130 Map 13161, Lot 40 $3,812.41 $3,850,85
131 Map 13161, Lot 41 $3,812.41 $3,850.85
132 Map 13161, Lot 42 $3,812,41 $3,850.85
133 Map 13161, Lot 43 $3,812.41 $3,850.85
134 Map 13181, Lot 44 $3,812.41 $3,850.85
135 Map 13161, Lot 45 $3,812.41 $3,850.85
. 136 Map 13161, Lot 46 $3,812.41 $3,850,85
137 Map 13161, Lot 47 $3,812.41 $3,850.85
138 Map 13161, Lot 48 $3,812.41 $3,850.85
139 Map 13161, Lot 49 $3,812.41 $3,850.85
140 Map 13161, Lot 50 $3,812.41 $3,850.85
141 Map 13161, Lot 51 $3,812.41 $3,850.85
142 Map 13180, Lot 2 (Park) $0.00 $0.00
143 Map 13180, Wly Remainder Lot 0.00 9
643-030-04 $0.00 $794,916.90 TDIF
Map 17476, Parcels 1 and 2 SO.OO $3,718,881.82
Map 17476, E'ly Remainder Parcel $0.00 $795,394.62 TDIF
Ma 17476, WI Remainder Parcel $0.00 SO.OO
TOTAL ASMT # 143 $0.00 $5.529,897.23
144 Map 13198, Lot 1 $0.00 $3,728.34
145 Map 13198, Lot 2 $0.00 $3,728.34
146 Map 13198, Lot 3 $0.00 $3,728.34
147 Map 13198, Lot 4 $0.00 $3,728.34
148 Map 13198, Lot 5 $0.00 $3,728.34
149 Map 13198. Lot 6 SO.OO $3,728,34
150 Map 13198. Lot 7 $0.00 $3,728.34
151 Map 13198, Lot 8 $0.00 $3,728.34
152 Map 13198, Lot 9 $0.00 $3,728.34
. 153 Map 13198, Lot 10 SO.OO $3,728.34
164 Map 13198,Lot II SO.OO $3.728.34
155 Map 13198. Lot 12 $0.00 $3,728.34
156 Map 13198, Lot 13 SO.OO $3,728.34
157 Map 13198, Lot 27 $0.00 $3,728.34
fj - 15 Pllje. (z c.
g-29
ASSESSMENT ROLL
Preliminary Continned ~
Almt. APN La al Oeserl tion Assessment Assessment
158 Map 13198, Lot 28 SO 00 S3,728.34
159 Map 13198, Lot 29 SO.OO S3,728.34
160 Map 13198, Lot 30 SO.OO S3,728.34
161 Map 13198, Lot 31 SO.OO S3,728.34
162 Map 13198, Lot 32 SO,OO S3,728,34
163 Map 13198, Lot 33 SO,OO S3,728.34
164 Map 13198, Lot 34 SO,OO S3,728,34
165 Map 13198, Lot 35 SO,OO S3,72834
166 Map 13198, Lot 36 SO.OO S3,728,34
167 Map 13198, Lot 37 SO,OO S3,728.34
168 Map 13198, Lot 38 SO.OO S3,728,34
169 Map 13198, Lot 39 SO,OO S3,728.34
170 Map 13198, Lot 40 SO,OO S3,728.34
171 Map 13198, Lot 41 SO,OO S3,728,34
172 Map 13198, Lot 42 SO,OO S3,728,34
173 Map 13198, Lot 43 SO 00 S3,728,34
174 Map 13198, Lot 44 SO,OO S3,728,34
175 Map 13198, Lot 45 SO,OO S3,728.34
176 Map 13198, Lot 46 SO.OO S3,728,34
177 Map 13198, Lot 47 SO,OO S3,728,34
178 Map 13198, Lot 48 SO,OO S3,728,34
179 Map 13198, Lot 49 SO,OO S3,728,34
180 Map 13198, Lot 50 SO.OO S3,728,34
181 Map 13198, Lot 51 SO,OO S3,728.34
182 Map 13198, Lot 52 SO,OO S3,728,34
183 Map 13198, Lot 63 SO,OO S3,728,34
164 Map 13198, Lot 54 SO 00 S3,728,34
185 Map 13198, Lot 55 SO,OO S3,72834 ~
186 Map 13198, Lot 56 SO,OO S3,728,34
187 Map 13198, Lot 57 SO,OO S3,728,34
188 Map 13198, Lot 58 SO,OO S3,728,34
189 Map 13198, Lot 59 SO,OO S3,728,34
190 Map 13198, Lot 60 SO,OO S3,728,34
191 Map 13198, Lot 61 SO,OO S3,728,34
192 Map 13198, Lot 62 SO,OO S3,728,34
193 Map 13198, Lot 63 SO,OO S3,728,34
194 Map 13198, Lot 64 SO,OO S3,728,34
195 Map 13198, Lot 85 so 00 S3,728,34
196 Map 13198, Lot 66 SO,OO S3,728,34
197 Map 13198, Lot 67 SO.OO S3,728,34
198 Map 13198, Lot 68 SO,OO S3,72834
199 Map 13198, Lot 69 SO,OO S3,728,34
200 Map 13198, Lot 70 SO,OO S3,728,34
201 Map 13198, Lot 71 SO,OO S3,728,34
202 Map 13198, Lot 72 SO,OO $3,728,34
203 Map 13198, Lot 73 SO,OO $3,728,34
204 Map 13198, Lot 74 SO:OO S3,728,34
205 Map 13198, Lot 75 SO,OO S3,728,34
206 Map 13198, Lot 76 SO,OO S3,728,34
207 Map 13198, Lot 77 SO,OO S3,728,34
208 Map 13198, Lot 78 SO.OO S3,728,34
209 Map 13198, Lot 79 SO,OO S3,728,34
210 Map 13198, Lot 83 SO,OO S3,728,34
211 Map 13198, Lot 84 SO,OO S3,728,34
212 Map 13198, Lot 85 SO,OO S3,728,34
213 Map 13198, Lot 86 SO,OO S3,728,34
214 Map 13198, Lot 87 SO.OO S3,728,34
215 Map 13196, Lot 88 SO,OO S3,728,34
216 Map 13198, Lot 89 SO,OO S3,728,34
217 Map 13198, Lot 90 SO,OO S3,728,34 ~
218 Map 13198, Lot 91 SO.OO S3,728,34
219 Map 13198, Lot 92 SO,OO S3,728,34
220 Map 13198, Lot 93 SO,OO S3,728,34
221 Map 13196, Lot 94 ~-3) SO.OO S3,728,34
R-~~ %-j' I tel
ASSESSMENT ROLL
. Preliminary Confirmed
Asmt. APN La al oese tlon Assessment Assessment
222 Map 13198. Lot 95 $0.00 $3.728.34
223 Map 13198. Lot 96 $0.00 $3.728.34
224 Map 13198. Lot 97 $0.00 $3.728.34
225 Map 13198. Lot 98 $0.00 $3.728.34
226 Map 13198. Lot 99 $0.00 $3.728.34
227 Map 13198. Lot 100 $0.00 $3.728.34
228 Map 13198. Lot 101 $0.00 $3,728.34
229 Map 13198, Lot 102 $0.00 $3.72834
230 Map 13198. Lot 103 $0.00 $3,728.34
231 Map 13198, Lot 104 $0.00 $3,728.34
232 Map 13198. Lot 105 $0.00 $3.728.34
233 Map 13198. Lot 106 $0.00 $3,728.34
234 Map 13198. Lot 107 $0.00 $3,72834
235 Map 13198. Lot 108 $0.00 $3,728.34
236 Map 13198, Lot 109 $000 $3,728.34
237 Map 13198, Lot A (Open Space) $0.00 $0.00
238 Map 13198. Lot B (Open Space) $0.00 $0.00
239 Map 13198, Lot C (Open Space) $0.00 $0.00
240 Map 13198, Remainder Lots 1, 2 and 3 $0.00 $11,185.01
241 Map 13200, Lot 1 $0.00 $3,728.34
242 Map 13200, Lot 2 $0.00 $3,72834
243 Map 13200, Lot 3 $0.00 $3,728.34
244 Map 13200, Lot 4 $0.00 $3.728.34
245 Map 13200, LOI 5 $0.00 $3,728.34
246 Map 13200, Lot 6 $0.00 $3,728.34
. 247 Map 13200. Lot 7 $0.00 $3.728.34
248 Map 13200, Lot 8 $0.00 $3,728.34
249 Map 13200. Lot 9 $0.00 $3,728.34
250 Map 13200, Lot 10 $0.00 $3,728.34
251 Map 13200. Lot 1 1 $0.00 $3,728.34
252 Map 13200. Lot 12 $0.00 $3,728.34
253 Map 13200. Lot 13 $0.00 $3.728.34
254 Map 13200, Lot 14 $0.00 $3,728.34
255 Map 13200, Lol15 $0.00 $3,728.34
256 Map 13200, Lot 16 $0.00 $3,728.34
257 Map 13200, Lot 17 $0.00 $3,728.34
258 Map 13200, Lot 18 $0.00 $3.728.34
259 Map 13200, Lot 19 $0.00 $3,728.34
260 Map 13200, Lol20 $0.00 $3,728.34
261 Map 13200, Lot 21 $0.00 $3,728.34
262 Map 13200. Lot 22 $0.00 $3,728.34
263 Map 13200, Lot 23 $0.00 $3,728.34
264 Map 13200, Lot 24 $0.00 $3,728.34
265 Map 13200. Lot 25 $0.00 $3,728.34
266 Map 13200, Lot 26 $0:00 $3,728.34
267 Map 13200, Lot 27 $0.00 $3,728.34
268 Map 13200. Lot 28 $0.00 $3,728.34
269 Map 13200, Lot 29 $0.00 $3.728.34
270 Map 13200. Lot 30 $0.00 $3,728.34
271 Map 13200, Lot 31 $0.00 $3,728.34
272 Map 13200, Lot 32 $0.00 $3.728.34
273 Map 13200, Lot 33 $0.00 $3.728.34
274 Map 13200, Lot 34 $0.00 $3.728.34
275 Map 13200. Lot 35 $0.00 $3,728.34
276 Map 13200. Lot 36 $0.00 $3,728.34
277 Map 13200. Lot 37 $0.00 $3,728.34
278 Map 13200, Lot 38 $0.00 $3,728.34
. 279 Map 13200, Lot 39 $0.00 $3.728.34
280 Map 13200, Lot 40 $0.00 $3,728.34
281 Map 13200, Lot 41 $0.00 $3,728.34
282 Map 13200. Lot 42 $0.00 $3,728.34
283 Map 13200. Lot 43 $0.00 $3,728.34
264 Map 13200, Lot 44 <6-31 $0.00 $3,728.34
S -/1- ?/'Y I 2. Co.
ASSESSMENT ROLL
Preliminary Confirmed 1
Asmt# APN Le al Descri tion Assessment Assessment
265 Map 13200, Lot 45 SO,OO S3,72634
266 Map 13200, Lot 46 SO,OO S3,726,34
267 Map 13200, Lot 47 SOOO S3,72634
266 Map 13200, Lot 46 SO,OO S3,726,34
269 Map 13200, Lot 49 SO,OO S3,726,34
290 Map 13200, Lot 50 SO,OO S3,726,34
291 Map 13200, Lot 51 SO,OO S3,726.34
292 Map 13200, Lot 52 SO. 00 S3,726,34
293 Map 13200, Lot 53 SO.OO S3,728,34
294 Map 13200, Lot 54 SO,OO S3,728,34
295 Map 13200, Lot 55 SO,OO S3,726.34
296 Map 13200, Lot 56 $0.00 $3,726.34
297 Map 13200, Lot 57 $0,00 S3,726.34
296 Map 13200, Lot 56 $0.00 $3,726.34
299 Map 13200, Lot 59 SO,OO $3,726,34
300 Map 13200, Lot 60 SO.OO $3,726.34
301 Map 13200, Lot 61 SO.OO $3,726,34
302 Map 13200, Lot 62 $0,00 S3,72634
303 Map 13200, Lot 63 $0,00 $3,726.34
304 Map 13200, Lot 64 $0.00 $3,726.34
305 Map 13200, Lot A (Open Space) $0.00 SO,OO
306 Map 13200, Lot B (Open Space) SO 00 $0.00
307 Map 13200, Lot C (Open Space) $0.00 $0.00
306 Map 13200, Lot 65 (Open Space) $0,00 $0.00
TOTAL $7,933,483 $7.834,491
Notes. 1) ASMT# 2 is not being used for the "Confirmed Assessment" It has been replaced by -."
ASMT#s 142 through 306 due to the subdivision of Unit 20 (Map 13196) and Un~ 15 (Map 13200).
""'"
~-{8
<g-3Z
?~~ 12 f
.
.
.
EXHIBIT "A"
METHOD AND FORMULA OF ASSESSMENT SPREAD
The law requires and the statutes provide that assessments, as levied pursuant to the provisions
of the "Municipal Improvement Act of 1913", must be based on the benefit that the properties
receive from the works of improvement to be acquired or constructed. The statute does not
specify the method or formula that should be used in any special assessment district
proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the
purpose of making an analysis of the facts and determining the correct apportionment of the
assessment obligation.
The Assessment Engineer makes his recommendation at the public hearing on the Assessment
District, and the final authority and action rests with the City Council after hearing all
testimony and evidence presented at the public hearing. At the conclusion of the public
hearing, the City Council must take the final action in determining whether or not the
assessment spread has been made in direct proportion to the benefits received.
First of all, it is necessary to identify the benefit that the public improvement will render to the
properties within the boundaries of the Assessment District. The overall benefit derived by the
properties within the proposed boundary of the assessment district is the construction of the
public improvement which will enable the property to develop. The public improvements have
been previously itemized within Part II, Estimate of Cost, and relate to the following:
I. Street improvements consisting of grading, base, paving, curb, gutter, sidewalk, street
lighting and landscaping within the following rights-of-way:
a. South Greensview Drive - from Clubhouse Drive to Unit 6 entrance (2,400 L.F.,
Phase I).
b. South Greensview Drive - from Silverado Drive to Hunte Parkway (3,400 L.F.,
Phase 2).
c. South Greensview Drive - from Unit 6 entrance to Silverado Drive (1,920 L.F.,
Phase 3).
2. Utilities and underground improvements consisting of potable water facilities, storm
drain facilities, sewer facilities, reclaimed water facilities, electric facilities, telephone
facilities, and gas facilities as appropriate within the following rights-of-way:
a. South Greensview Drive - from Clubhouse Drive to Unit 6 entrance (2,400 L.F.,
Phase I).
b.
South Greensview Drive - from Silverado Drive to Hunte Parkway (3,400 L.F.,
Phase 2).
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c.
South Greensview Drive - from Unit 6 entrance to Silverado Drive (1,920 L.F.,
Phase 3).
"""\
3. DIF funded street improvements consisting of grading, storm drain, base, paving, curb,
gutter, sidewalk, medians, street lighting, landscaping and street monumentation within
the following rights-of-way:
a. Hunte Parkway - from Clubhouse Drive to South Greensview Drive (2,300 L.F.,
Phase 2).
b. Hunte Parkway - from South Greensview to Orange Avenue (1,270 L.F., Phase
2).
4. DIF funded street and underground improvements conslstmg of grading, and storm
drain improvements within the following rights-of-way:
a. Orange Avenue - from Hunte Parkway to the SDG&E easement (3,500 L.F.,
Phase 2).
Permitted land uses within the Assessment District include residential single family (detached
and attached units) and non-residential uses (the golf course located in the EastIake Greens).
Master facility plans/studies prepared by NBSlLowry for water, wastewater and reclaimed
water and the EastIake Development Feasibility and Financing Plan were used as a basis for
the spread methodology developed herein. Use factors established by the various studies were
incorporated into the spread formula and reference is hereby made to the appropriate study for
a detailed analysis of the facility. Reference is also made to the Assessment District Engineer's
reports for Assessment District 85-2, 90-3 and 91-1 which previously funded similar facilities
in the EastIake area.
"""\
The Assessment method and formula is based on the ultimate land use contained in the Land
Use Element of the City of Chula Vista and more specifically in the following documents:
Greens II. The approved Tentative Map No. 88-3 for the Eastlake Greens development and
the amendment to the Eastlake Greens General Development Plan SPA Plan and tentative map.
Eastlake Trails. Eastlake II General Development Plan .
Parcel R-26. General Plan Amendment No 93-04.
In further making the analysis, it is necessary that the property owners receive a special and
direct benefit distinguished from that of the general public. In this case, an in-depth analysis
was made, and several factors described below are being used in the fmal method and spread
and assessment.
'1
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SPREAD METHODOLOGY
A.
Domestic Water (980 Pressure Zone)
The Water Subarea Master Plan and the Eastlake Feasibility and Financing Plan are
the basis for the spread methodology used herein. The waterline to be funded by AD
94-1 is a component of the 980 pressure zone water system that will provide service to
the whole Eastlake Development (Greens II, Trails, Business Center, Woods and
Vistas). Six distribution lines comprise the backbone system that is the main supply
of water to the Eastlake area (See Exhibit I). Only the improvements located along
South Greensview Drive that will provide 100% service to the Greens II are included
in AD 94-1 (see Exhibit 2). The assessments were estimated as the lesser of the
following:
.
The cost of the ultimate improvements required to serve the whole Eastlake
Development (excepting those improvements already funded through AD 90-3)
spread among all the Eastlake properties remaining for development ( Greens II,
Trails, Vistas, Woods, OTC and Business Center II).
.
The cost of the improvements proposed to be fmanced by AD 94-1 (providing
100% service to the Greens II) spread among all the benefitting properties within
AD 94-1.
Appendix A "Cost Sharing Analysis" presents the calculation of the fair share of the
cost of the water improvements serving the Greens II.
The demand factors in Table 1 were used to spread the cost of the domestic water
improvements.
TABLE 1
WATER DEMAND FACTORS
LAND USE EDU'S
Single family detached 1.0IDU
Single family attached O.8IDU
Golf course no benefit
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Page 15
EXHIBIT 1
980 WAt;ER SYST.EM
~
,u
,
r.
.
.
L.
~
\Kl
I
N
I
~
lICIleflt Afta Facllll)' Locatloa
,
\
,
\
\
,
\
,
lDeatiOD
1. Soatll GI"MIlIYIew DrIve
:. East Oraqe A._ae
3. BusIDeN Cater Loop
.. Viltas Loop
I. Woocb East Loop
" Ota)' LaUI Road
t3-~
~-3b
"'"""'
,
,
I,
~
EXHIBIT
2
NOT TO SCALE
~KES
NORTt4
ORANGE
CAST "-
"-
CD SOUTH GREENSVIEW DRIVE - CLUBHOUSE DRIVE TO
HUNTE PARKWA Y.
TITLE:
~-37
DOMESTIC WATER SYSTEM
FUNDED IN A.D. 94-1.
B. Reclaimed Water
The Reclaimed Water Use Study and the Eastlak.e Feasibility and Financing Plan are
the basis for the spread methodology used herein. The reclaimed water improvements
to be funded by AD 94-1 are part of the "backbone" system (see Exhibit 3) that will
be used for irrigation of public and private areas in the whole Eastlak.e Development
(Greens II, Trails, Business Center II, Woods, OTC and Vistas). Only the improvements
along South Greensview Drive providing 100% service to the Greens II are included
in AD 94-1 (see Exhibit 4). Table 2 summarizes how the cost were apportioned and
Table 3 list the population factors used in apportioning the cost of the public irrigated
areas (parks, schools, open space and freeway interchange). The assessment were
estimated as the lesser of the following:
* The cost of the ultimate improvements required to serve the whole Eastlak.e
Development (excepting those improvements already funded by the existing
Assessment District No 90-3) spread among all the properties remaining for
development (Greens II, Trails, Vistas, Woods, OTC, and Business Center II).
* The cost of the improvements proposed to be financed through AD 94-1 (providing
100 % service to the Greens II) spread among all benefitting properties within AD
94-1.
TABLE 2
BENEFIT APPORTIONMENT OF THE RECLAIMED WATER SYSTEM
Irrigated area Percent of Total Demand Who Benefits
Golf Course 12 Golf course
OTC 21 OTC
Common area (Greens II) 5.5 Common area (Greens II)
Private Park (Greens II) 0.5 Residents of Greens II
Regional parks, schools, open 60 Residents of all Eastlake
space Development
Freeway Interchange I All land uses in Eastlake
Development
Source: Eastlake Development - Feasibility and Financing Plan
~-38
~ -a"/
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Page 18
-,
')
'")
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TABLE 3
POPULATION FACTORS
Land Use EDU's
Single family detached IIDU
Single family attached 0.81DU
'B d.-5
~- 3C) ,
Page 19
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~
EXHIBIT 4
HOT TO SCALE
~t<(S
ORANGE
EAST "
"
<D SOUTH GREENSVILW DRIVE - CLUBHOUSE DRIVE TO
HUNTE PARKWA Y.
cg -40
't.,)
TITLE:
RECl'AIMED WATER SYSTEM
FUNDED IN A.D. 94-1
.
T
N
I
.
Loc:atlon
EXHIBIT 3
,"
,
i
i.
.ra
~
lcDefll Area fadl1l)' Loc:atlOD
1. Soulll G~rw DrIve
1. East Orup AYellue
3. TnIls Loop
.. \'law Loop
5. NorlII Buala ParIlwa"
. Woo4a Easl Loop "
8:-- .L.~
'~<6-4J ~-
C. Waste Water
The waste water facilities to be acquired through Assessment District 94-1 are ShO\\l1
in Exhibit 5. They will only provide full service to the Greens II (excepting lot R-25
which would be served by the existing sewer in Eastlake Parkway).
~
The cost of sewer line is spread among all benefitting properties by the wastewater flow
factors as listed in Table 4.
TABLE 4
WASTEWATER FLOW FACTORS
Land Use EDU's
Single family detached l/DU
Single family attached O.8/DU
Golf Course No benefit
~
,""'"\
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Page 22
.~
EXHIBIT 5
NOT TO SCAl.[
SDG~f
,-!ASfMfN'f.
"-
"
'\.
· "" '7
~ ,,@
"
~KES
ORANGE
CAST "
"
TITLE:
CD - SOUTH GRffNSVlfW DRIVE.
~ - SEWERLINE IN LOTS R-~~ - R-~6.
~ <~-4
WASTEWATER SYSTEM
FUNDED IN A.D. 94-1
.
D. Street Imorovements
The streets and associated grading, landscaping, dry utilities, and storm drainage system
to be acquired through Assessment District 94-1 are shown in Exhibit 6. They will
provide full service to the Greens II area.
,
The storm drain facilities and associated detention basins to be acquired through
Assessment District 94-1 are shown in Exhibit 7. The storm drain facilities are an
integral part of the street network used to divert water from the street surface for safe
travel. The detention basins are required to allow the storm water flows collected in
the Greens II to be deposited in the downstream water courses without causing
flooding, erosion, or sedimentation problems.
The detention basins included in AD 94-1 are part of the overall storm water
management system serving the Eastlake Greens Development. The total cost of the
detention basin system allocated to the Greens II was estimated as the lesser of the
follo\\ing:
* The cost of all the improvements required to provide stormwater control to the
whole Eastlake Greens i.e, detention basins and Telegraph Canyon improvements
spread among all properties in the Eastlake Greens area.
* The cost of the two detention basins proposed to be included in AD 94-1
distributed among all properties within the AD 94-1 area of benefit. Appendix A ,
"Cost Sharing Analysis" presents the calculation of the fair share of the cost of the .
detention basins serving the Greens II.
The cost of these improvements is spread among all benefitting properties using
"Average Daily Traffic" (ADT) generation factors published by the San Diego
Association of Governments (SANDAG). The ADT factors and associated land uses
are presented in Table 5.
TABLE 5
AVERAGE DAILY TRAFFIC GENERATION FACTORS
Land Use EDU's
Single family detached I/DU
Single family attached 0.8/DU
Golf course 0.8 EDU/acre'
'The 0.8 EDU/acre factor is used only to spread the cost of the drainage system. The golf course does not receive
benefit from South Greensview Dr. and associated landscaping, grading and utilities.
J
~-3D ~-44
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Page 24
~
EXHIBIT 6
NOT TO SCALE
~t<ES
ORANGe
CAST "
"
(i) - SOUTH GREENSVIEW DRIVE - CLUBHOUSE DRIVE TO
HUNTE PARKWA Y.
.
ITLE:
.,tJ ~ 31 t-45
STREET IMPROVEMENT
FUNDED IN A.D. 94.....1
~
EXHIBIT 7
NOT TO SCAlE
LAKES
NORTI"l
SDC~E
, EASEMENT-
",-,
,
@
ORANG!
<D
CAST
SOUTH GREENVIEW DRIVE.
@
STORMDRAINS IN LOTS R-33 . R-36.
Q)
DfTENTION BASINS.
ITLE:
2 -{ ?? -46
STORM DRAINAGE. SYSTEM
FUNDED IN A.D. 94-1
.
.
.
E.
Street improvements eligible for Development Impact Fee credit.
It is proposed that Hunte Par1:way and East Orange Avenue (Exhibit 8) be financed by
assessments against parcels which receive a special benefit from these street
improvements.
Hunte Parkway and East Orange Avenue are included in the City's Transportation
Development Impact Fee (TDIF) program. The same methodology used in the TDIF
program is used here to apportion the cost of these streets. Therefore, the assessment
levy is equal to the amount of the TDIF ($3,998/EDU). The construction cost and
incidental expenses eligible for TDIF credit ($1,995,422) are shown in page 9. The
total dollar amount of the TDIF improvements is divided by $3,998 to obtain the total
number of EDU's eligible for credit. This calculation results in a total of 499.10 EDUs.
1>- 33 <g-47
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~
EXHIBIT
8
NOT TO SCAI.[
~t<ES
ORANGr Q)
CAST "-
"-
<D - HUNTE PARKWA Y. - CLUBHOUSE DRIVE TO
EAST ORANGE A VENUE.
Q) - EAST ORANGE AVENUE - S.D.G.E. EASEMENT TO
~~ _ HUNTE PARKWA Y.
DIF STREEETS
FUNDED IN A.D. 94-1
.
.
.
F.
Incidentals
The cost of incidentals has been spread proportionately over the various improvements
in the proportion that the improvement bears to the total cost of improvements.
In conclusion, it is my opinion that the assessments for Assessment District No. 94- I
are spread in direct accordance with the benefits that the land within the district
boundary receives from the works of improvements.
DATED:
JOHN P. LIPPITT
SUPERINTENDENT OF STREETS
CITY OF CHULA VISTA
STATE OF CALIFORNIA
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Page 29
.-.,
CREDIT FOR PRIOR CONTRIBUTIONS TO
EASTLAKE GREENS DEVELOPMENT
As previously mentioned the overall benefit derived by the properties within Assessment
District No. 94- I (Eastlake Greens - Phase II) is the construction of certain of those public
improvements which are necessary in order to permit those properties to develop (the "Eastlake
Greens Phase II Public Improvements"). The overall public improvements required to be
constructed in order that the properties within that portion of Assessment District No. 94.1
known as Eastlake Greens II may develop include a water system, sewer system, reclaimed
water lines, dry utilities and street improvements (the "Eastlake Greens Public Improvements").
The Eastlake Greens Public improvements include not only the Eastlake .Greens Phase II Public
Improvements but also certain other public improvements (the "Eastlake Greens Phase I Public
Improvements") previously financed from the proceeds of improvement bonds issued for
Assessment District No. 90-3 (Eastlake Greens - Phase I) (the "Assessment District No. 90-3
Improvement Bonds") The Assessment District No. 90-3 Improvement Bonds are secured by
assessment liens on certain of the properties within Assessment District No. 94-1 (Eastlake
Greens - Phase II) (the "Eastlake Greens Phase I Properties"). (Reference is make to the Final
Engineer's Report for Assessment District No. 90-3 (Eastlake Greens - Phase I for a complete 1
description of the Eastlake Greens Phase I Improvements and the Eastlake Greens Phase I
Properties.]. This report in on file at the Public Works Department.
The Eastlake Greens Phase I Properties have, by their participation in Assessment District No.
90-3. (Eastlake Greens. Phase I) contributed to the acquisition and construction of the Eastlake
Greens Public Improvements by providing for the acquisition by the City of the Eastlake
Greens Phase I Public Improvements. Consequently the Eastlake Greens Phase I Properties
shall receive a credit against their assessments for the Eastlake Greens Phase II Improvements
to be acquired through Assessment District No. 94-1 (Eastlake Greens - Phase II for their
contribution to the acquisition and construction of the Eastlake Greens Public Improvements.
Based upon the fact that the construction of the Eastlake Greens Public Improvements is
required as a condition of development of any property within Eastlake Greens and, therefore,
this condition of development will be satisfied as to all properties within Eastlake Greens, such
credit shall be calculated so that the aggregate assessment liens on the Eastlake Greens Phase
I Properties are equal to the assessment liens on equivalent property within that portion of
Eastlake Greens located in Assessment District No. 94-1 (Eastlake Greens - Phase II) but not
within Eastlake Greens Phase I.
l
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Page 30
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Al'i~TAL APPORTIOiliMENT OF ASSESSMENT INSTALLMENTS
Cnder the provisions of the City of Chula Vista Assessment District Procedural Ordinance (the
"Procedural Ordinance"). the City Council may. in the Engineer's Report prepared pursuant to
Streets and Highways Code Section 10204 and the Procedural Ordinance. establish an annual
method of apportionment of the assessment installments on the properties within an assessment
district.
While each of the properties within Assessment District No. 94-1 (Eastlake Greens - Phase II)
will, upon formation of the assessment district. confirmation of the assessments and ordering
of the acquisition of the public improvement, receive the benefit described in "SPREAD
METHODOLOGY" above, the realization of such benefit. i.e., the ability of the properties to
be developed as a result of the construction of the public improvements to be financed, will
occur as such properties are actually developed by the owners thereof. Those properties which
are developed by their ov.ners sooner than other properties will consequently realize their full
benefit sooner than those properties developing later in time. Therefore, in recognition of this
staggering of the realization of the benefit. the annual assessment installments will be
apportioned in accordance with the following procedure:
(1) The City Treasurer shall determine the amount necessary to be collected from annual
assessment installments, taking into account other funds on hand and available for such
purpose. to pay the principal of and interest on the outstanding improvement bond of
Assessment District No. 94-] (Eastlake Greens - Phase II) during each fiscal year ("Annual
Debt Service Requirement").
(2) Based upon the Annual Debt Service Requirement. the City Treasurer shall next calculate
the annual assessment installment for each parcel of land which has been created for residential
use through the recordation of a final subdivision map or final parcel map commonly referred
to as a "Map" or for which a building permit has been issued if such parcel has not been
created through the recordation of such a map ("Developed Parcels). In calculating the
assessment installments for each developed parcel, the City Treasurer shall assume that the
property within the Assessment District is fully developed.
(3) To the extent that the aggregate assessment installments for all Developed Parcels (the
"Developed Parcels' Aggregate Assessment Installments") is less than the Annual Debt Service
Requirements for any fiscal year, the City Treasurer shall calculate annual assessment
installments for each remaining parcel for which the assessment is unpaid on a pro-rata basis
among all such remaining parcels (collectively, the "Remainder Parcels' Aggregate Annual
Assessment Installments") so that the sum of the Developed Parcels' Annual Aggregate
Assessment Installments plus the Remainder Parcels' Aggregate Annual Assessment
Installments equals the Annual Debt Service Requirement for such fiscal year.
(4) To the extent that the Developed Parcels' Aggregate Annual Assessment Installments
exceeds the Annual Debt Service Requirement for any fiscal year, the City Treasurer shall
reduce such Developed Parcels' Aggregate Annual Assessment Installments on a pro-rata basis
so that the Developed Parcels' Aggregate Annual Assessment Installments as modified will
equal the Annual Debt Service Requirement for such fiscal year.
~-2{1
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Page 31
WPC M:HOME\ENGTNEER 1875.94
'i
I, BEVERLY, A. AUTHELET, as CITY CLERK of the CITY OF CHULA VISTA,
CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram
attached thereto, was filed in my office on the day of , 1995.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
I, BEVERLY, A. AUTHELET, as CITY CLERK of the CITY OF CHULA VISTA,
CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram
attached thereto, was approved and confirmed by the City Council of said City on the _
day of , 1995.
~
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
I, JOHN P. LIPPITT, as SUPERINTENDENT OF STREETS of the CITY OF CHULA
VISTA, CALIFORNIA, do hereby certify that the foregoing Assessment, together with the
Diagram attached thereto, was filed in my office on the day of
-' 1995.
SUPERINTENDENT OF STREETS
CITY OF CHULA VISTA
STATE OF CALIFORNIA
.~
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ENGINEER'S REPORT
PARTlY
AJIl~UAL ADMINISTRATIVE ASSESSMENT
A proposed maximum annual assessment shall be levied on each parcel ofland and subdivision
of land ""ithin the Assessment District to pay for the necessary costs and expenses incurred and
not otherwise reimbursed, resulting from the administration and collection of assessments
and/or from the administration or registration of any bonds and reserve or other related funds.
This maximum assessment hereinafter set forth is authorized pursuant to the provisions of
Section 1 0204 of the Streets and Highways Code of the State of California. Said annual
assessment shall not exceed 5% of annual installment per individual assessment, and said sum
shall only be collected to the extent monies are not available for these services from the sale
of bonds, or from any other source.
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Page 33
ENGINEER'S REPORT
PART V
~
,
DIAGRAM OF ASSESSMENT DISTRICT
A full-size copy of the Assessment Diagram (18 inches x 26 inches) should be attached and
become a part of the Engineer's Report.
""'"
""'"
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Page 34
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SHEET 1 OF 5
ASSESSMENT DIAGRAM
(ACQUISITION)
ASSESSMENT DISTRICT 94-1
CITY OF CHULA VISTA, STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
EASTLAKE GREENS II
~
8
a.u-OJO-o.
NOT 10 SCAU:
LEGEND
AN ASSESSWENT WAS LEVIED I'l'. THE CITY COUNCIL Dr THE OTY Of
CHULA vtSTA, STATE Of' CAUfo.-NlA. ON .....ItCCLS OF LAND SHOWN ON
THIS ASStS'MENT CMAGUM WApi. ilA'O ASSESSIllENT WAS L!VtEO ON TH[
_DAY or . 1115. SAID ASSE.U.,[NT DIACMIII AND THE
ASUISWtNT IIOLL .[IIl IIECCHllXD IN THE DfTICE or THI S11IEET 1U1tt1l1Nl'tNDENl
or THE CITY or CMUU. '/tSTA ON THE_DAY OF . '115.
KnUtlet IS IlIAD[ TO THE ASSElSWENT IOU IKCORDED ... THE orner Of
THE STlEtT SUflEItINTENIKNT rOIl THE EXACT AMOUNT or tACH ASSaSWon
LlVU:D AGAINST EACH "MetL. or LAND SHOWN ON THIS ASSaSMENT 0IAC1tAM.
....
(j)
143-.......
em IOUNDMT
DIST1IICT_"
........-..
IlICJT " ,MY or TMI: DtST_CT
AllESltlKNT NUYKR
...
CITY CUIK. cln or CHLIlA VlSlA
NOTt,
THE 1DUNDMt' AND PMCtLS AI SMOWN MEItEON
All[ AI SHOWN ON THE AlKISOII"S 'Men ~
or THE COUNTT or 1M Dltoo. STATt or CALJF'OIItNIA
"LID ItlI THE 0fTIC( or THE ern C1.t1lC or THE CITY or CHULA 'llSTA
THIS DAT OF . 11_
em CU:K. ClT'l' or CHUU. vasTA
IIECOItOI:D IN 'TH[ orrtC[ or THE IT1KET SUHItINTEND[NT Of THE CllT or
CHUl,A VtSTA THIS _or . '"5
STIlfET IUPEIIINTENQ[NT. CiTY or CHUU. YlSTA
"LlD THIS _ DAT Of . 'HI AT _ O'CUX:. _
IN eoGIC _ 'AGE _ or 1iIA" or ASlUSMENT DISntICTS,
ltECaaotrI DOCU"ENT NO. tN THE OFFICE or THE
COUNTY _CORDEll or THE COUNTT Of' Io\N CMEGO. STAll or CAUF'ORNIA.
COUNTY II[COIID[II or Io\N DIEGO COUNT"/'
~ q-S5
.
SHEET 2 OF 5
~
;
ASSESSMENT DIAGRAM
(ACQUISITION)
ASSESSMENT DISTRICT 94-1
CITY OF CHULA VISTA, STATE OF CALIFORNIA
COUNTY OF SAN DIEGO,
EASTLAKE GREENS II
Ctubhou.. Dr
~
LEGEND
CD L.CIT NUWItIt, .....P 13115
CD ASSESSMENT HU..IER
MOT TO SCAU
CD ~@
.~
(0
lDT ,
....... 13110
LOT 2
WAP 13110
@
"""
/
'b-S(O
~d--
SHEET 3 OF 5
ASSESSMENT DIAGRAM
(ACQUISITION)
ASSESSM ENT DISTRICT 94-1
CITY OF CHULA VISTA. STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
EASTLAKE GREENS II
~
NOT TO SCALE
AtKISMENT LOT NUMIER ASSESSIIOIT LOT NUMIKR
NUIlIIU (YAP 1,)1.,) NUM.ER (MA'131")
t1 . 111 Zl
12 2 ". 21
.. . ". 21
" . ... ..
I. I ... ..
I. . '22 sa
.7 7 ,.. ..
H . ... II
H . '2' ..
.00 '0 121 II
.0. " 127 .7
'02 .. ... .
.0. .. .21 SO
... .. ... 40
.0. IS ... .,
'01 .. ..2 ..
.07 17 ... ..
.01 ,. ... ..
.01 .. ... ..
"0 .0 ... ..
'" ., lS7 .7
... .. ,. ..
". .. '21 "
". 2' '40 SO
". 2. '41 ..
". 2.
C6 - 57
~
ASSESSMENT
HUY"R
,...
,..
,..
'47
'..
,..
'50
,.,
,.2
'"
'04
,..
'..
1t7
'$I
,..
'10
..,
'12
113
,..
,..
...
"7
'18
...
170
171
172
m
l7A
17t
171
In
'71
171
'10
,..
112
'13
,..
'..
,".
"7
'18
In
110
'"'
..2
SHEET 4 OF 5
"'"'"
ASSESSMENT DIAGRAM
(ACQUISITION)
ASSESSMENT DISTRICT 94-1
CITY OF CHULA VISTA, STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
EASTLAKE GREENS II
LOT HUMSER
(M'" 13118 )
,
2
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12
ASSESSMENT
HUMeER
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lit
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117
...
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200
201
202
20.
20A
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201
207
201
2DI
21D
211
212
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2..
217
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22.
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232
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237
231
23.
240
LOT HUMKR
ew... 13118)
..
..
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18
.7
18
..
7D
71
72
73
7A
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71
n
71
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U
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lOT I OfI(N SPACE
LOT C DIlEN SIIAC
IEIIlAlNDtIt I.DTS 1.2. . J.
~
NOT TO SCAU
~
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~-s8
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t
NOT TO SCAlE
ASSEHMENT
NU..IER
'41
...
.42
'44
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'5'
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".
'"
.12
.10
".
"5
SHEET 5 OF 5
ASSESSMENT DIAGRAM
(ACQUISITION)
ASSESSMENT DISTRICT 94-1
CITY OF CHULA VISTA. STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
EASTLAKE GREENS II
LOT NUMItR
(YAP 13200)
,
.
3
.
5
.
1
.
.
,.
11
,.
13
,.
13
11
11
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..
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22
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30
31
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".
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300
30'
50'
303
...
305
...
301
...
LOT NU...ER
(MAP' 13200)
31
31
...
31
..
41
..
..
44
..
..
.,
41
..
50
51
52
53
54
SO
H
51
51
H
50
II
12
13
..
LOT'
LOT .
LOTC
LOT 15
'6-S9
~
.
ENGINEER'S REPORT
""'"
PART VI
DESCRIPTION OF WORKS OF IMPROVEMENT
The proposed works of improvement are generally described as follows:
I. Street improvements consisting of grading, base, paving, curb, gutter, sidewalk, street lighting
and landscaping within the following rights-of-way:
a. South Greensview Drive - from Clubhouse Drive to Unit 6 entrance (2,400 L.F., Phase
I).
b. South Greensview Drive - from Silverado Drive to Hunte Parkway (3,400 L.F., Phase
2).
c. South Greensview Drive - from Unit 6 entrance to Silverado Drive (1,920 L.F., Phase
3).
2. Utilities and underground improvements conslSlmg of potable water facilities, storm drain
facilities, sewer facilities, reclaimed water facilities, electric facilities, telephone facilities, and
gas facilities as appropriate by applicable state and federal statutes within the following rights-of-
way:
a.
South Greensview Drive - from Clubhouse Drive to Unit 6 entrance (2,400 L.F., Phase
I).
""'"'
,,/
b. South Greensview Drive - from Silverado Drive to Hunte Parkway (3,400 L.F., Phase
2)
c. South Greensview Drive - from Unit 6 entrance to Silverado Drive (1,920 L.F., Phase
3).
3. DIF funded street improvements consisting of grading, storm drain, base, paving, curb, gutter,
sidewalk, medians, street lighting, landscaping and street monumentation within the following
rights-of-way:
a. Hunte Parkway - from Clubhouse Drive to South Greensview Drive (2,300 L.F., Phase
2).
b. Hunte Parkway - from South Greensview to Orange Avenue (1,270 L.F., Phase 2).
4. DIF funded street and underground improvements consisting of grading, and storm drain
improvements within the following rights-of-way:
a. Orange Avenue - from Hunte Parkway to the SDG&E easement (3,500 L.F., Phase 2).
b.
Orange Avenue - from Hunte Parkway to the Olympic Training Center
(to be funded only in the event that the actual construction cost of all the
TDIF improvements is lower than estimated)
-,
WPC M:\HOME\ENGINEER\187$.94
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ENGINEER'S REPORT
DESCRIPTION OF RIGHTS-OF-WAY TO BE ACOUlRED
RIGHT-OF-WAY CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all true
and correct.
At all times herein mentioned, the undersigned was, and now is, the duly appointed
SUPERINTENDENT OF STREETS of the CITY OF CHULA VISTA, CALIFORNIA.
That there have now been instituted proceedings under the provisions of the "Municipal Improvement
Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the
construction of certain public improvements in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 94-] EASTLAKE GREENS IT (hereinafter referred to as the
"Assessment District").
THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:
(CHECK ONE)
[] a.
That all easements, rights-of-way, or land necessary for the accomplishment of the
works of improvement for the above referenced Assessment District have been obtained
and are in the possession of the City.
[x] b.
That all easements, rights-of-way or land necessary for the accomplishment of the
works of improvement for the above referenced Assessment District have been obtained
and are in the possession of the City, EXCEPT FOR lHOSE DESCRIBED IN
EXHIBIT "A" attached hereto, showing legal description and maps of rights-of-way and
easements not yet obtained at this time.
It is further acknowledged that works of improvement as proposed to be constructed within said
Assessment District must be constructed within public rights-of-way, land, or easements as owned by
said City at the time of the construction of the works of improvement, and the undersigned hereby
further certifies that all rights-of-way necessary for the works of improvement will be obtained and in
the possession of the City prior to the commencement of any construction.
EXECUTED this
day of
, 1995, at Chula Vista, California.
SUPERINTENDENT OF STREETS
CITY OF CHULA VISTA
STATE IF CALIFORNIA
WPC M:IJiOME\ENGINEER\187S.94
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Page 36
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~KE5
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NOT TO SCALE
SDG~E
" EASEMENT- en
"" ~
"
,.vr.
ORANGE
LEGEND: EAST
I:<<<'::'::':::::<,:,:~ SOUTH GREENSVlEW DRIVE - STREET RIGHT-OF-WAY AND OPEN
EAST ORANGE AVENUE SPACE EASEMENTS
HUNTE PARKWAY . _ _ ,,-
- -.- STORM DRAIN AND SEWER EASEMENTS ON
LOTS R-~~ 4 R-~6.
~ DETENTION BASINS EASEMENTS.
<6-01.;
EXHIBIT A
,
,...
\
\
/
,
ENVIRONMENT CER'NFICA TION
\
,.-..
\
r-
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ENGINEER'S "REPORT"
.
PART VI (C)
CERTIFICATION OF COMPLETION OF
ENVIRONMENTAL PROCEEDINGS
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
The undersigned, under penalty of perjury, CERTIFIES as follows:
1. That the undersigned is the person authorized to prepare and process all environmental
documentation as needed as it relates to the formation of the special assessment district
being formed pursuant to the provisions of the "Municipal Improvement Act of 1913",
being Division 12 of the Street and Highways Code of the State of California, said
special assessment district known and designated as ASSESSMENT DISTRICT NO. 94-1
(Greens II) (hereinafter referred to as the "Assessment District").
2.
The specific environmental proceedings relating to this Assessmet District that have been
completed are as follows:
.
Adoption of Mitigated Negative Declaration IS-94-19 for the
Eastlake Greens GDP/SPA (City Council Resolution No. 17456)
Certification of Final Environmental Impact Report No. 86-4
Eastlake Greens/Trail (City Council Resolution No. 15197)
3. I do hereby certify that all environmental evaluation proceedings necessary for the
formation of the Assessment District have been completed to my satisfaction, and that
no further environmental proceedings are necessary.
EXECUTED this IIfh'-dayof mMc"" 1995, at Chula ViSta, California.
~~
DOU S REiD
E ONMENTAL REVIEW COORDINATOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
F:\HOMElENGINEERILANDDEVlENGRPT2.LDT
.
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'l-G,4! g -~5
,......
,......
r
~
<6-~S
COST SHARING ANALYSIS
A. Domestic Water Svstem
.
The domestic water facilities to be installed along South Greensview Drive consist of 16 and
IO-inch water transmission mains. In accordance with the Domestic Water Master Plan
prepared by NBS/Lowry, a 12-inch line (instead of a 16-inch) is required to serve the entire
Eastlake Development; the oversizing to 16-inch is due to demands outside the Eastlake
Development. The percent share of the water improvements cost attributable to Eastlake is
based on the estimated construction costs, as follows:
12-Inch Water Main Cost Estimate
Phase Descri oti on .Q!y Units Unit Price Total
I 2" ARV II Each $1,650 $18,150
I 2" 8.0. 5 Each 700 3,500
1 12" Water Main 2,400 L.F. 27 64,800
I 10" Water Main 230 L.F. 26 5,980
1 4" B.O. 6 Each 1,300 7,800
1 Fire Hydrant (2-way) 8 Each 2,500 20,000
1 Connect to Existing Water 1 Each 2,500 2,500
1 10" Gate Valves 6 Each 1,175 7,050
1 12" Gate Valves 12 Each 1,500 18,000
2 10" Gate Valves 5 Each 1,175 5,875 .
2 4" B.O. 3 Each 1,300 3,900
2 Fire Hydrant (2-Way) 8 Each 2,500 20,000
2 12" Gate Valves 6 Each 1,500 9,000
2 10" Water Main 950 L.F. 26 24,700
2 12" Water Main 2,600 L.F. 27 70,200
2 2" B.O. 5 Each 700 3,500
2 2" ARV 7 Each 1,650 11,550
3 12" Gate Valves 4 Each 1,500 6,000
3 10" Gate Valves 2 Each 1,175 2,350
3 Connect to Existing Water 2 Each 2,500 5,000
3 Fire Hydrant (2-Way) 6 Each 2,500 15,000
3 10" Water Main 100 L.F. 26 2,600
3 12" Water Main 1,920 L.F. 27 51,840
3 2" B.O. 2 Each 700 1,400
3 2" ARV 1 Each 1,650 1.650
Subtotal Domestk Water System 382,345
Contingency (10%) 38.835
TOTAL DOMESTIC WATER SYSTEM $420,580
420,580 (12-inch)
Eastlake Share = ------------------- -- 77% .
547,475 (16-inch)
M:\home\engincer\187S.94 ,8 -5:L
q-G6
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.
B. Detention Basins
In addition to serving the Greens II properties, the detention basin to be constructed in parcel
R-26 would also serve the future residenciaI units on that parcel. The cost of the detention
basin to be allocated to the Greens II is calculated as follows:
a) Maximum EDUs in R-26:
Single Family Attached 18 dulAcre X 14.5 Acres X 0.8 = 208.8 EDUs
b) EDUs in Greens II:
Single Family Detached
Single Family Attached
Golf Course
TOTAL
949.0 du X I
582.0 du X 0.8
56.6 Acres X 0.8
= 940.0 "
= 465.6 "
= 45.3 "
1,459.9 EDUs
c) Total EDUs being served by the detention basin:
Total EDUs = 208.8 + 1,459.9 = 1,668.7 EDUs
d) Greens II Share = 1,459.9/1,668.7 = 87%
~
8-67 / g -f19
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"""i
- This Page Blank-
"'"'
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~~8
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,
JI
ASSUMPTIONS
end Issuance
Bond Interest
Years
Debt Service
ATTACHMENT C
$7,840,965
ASSESSMENT DISTRICT 94-1
ASSESSMENT INSTALLMENTS CASH FLOW
7.50%
25
$703,419
Investment Eamings
5.00%
Total EDUs
Greens II Debt ServicelEDU
1,415
$346
Construction Cost Phasing:
Phase 1
$2,405,045 (includes bond issuance
and district formation costs)
Phase 2
Phase 3
$3,768,907
$1,667,013
THREE-YEAR CASH FLOW
Improvements Develo ed Parcels Greens II Debt Servic
Year Construction ED Us AsmVEDU Total Asmt Balance
1 Phase 1 285 346 $98,597 $604,822
2 Phase 2 850 $346 $294,060 $409,359
3 Phase 3 1,415 $346 $489,523 $213,896
4 1,415 $346 $489,523 $213,896
5 1,415 $346 $489,523 $213,896
Interest Eamings on
Uns nt Bond Proceed
$271,796
$83,351
$0
$0
$0
Net to Spread to
Undev. Parcels in AD94-1
$333,026
$326,009
$213,896
$213,896
$213,896
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
1,415
$346 $489,523 $213,896
TOTAL
$0
$355.147
$213,896
FIVE.YEAR CASH FLOW
Improvements Develooed Parcels Greens II Debt ServicE Interest Eamings on Net to Spread to
Year Construction EDUs AsmVEDU Total Asmt Balance Unsoent Bond Proceed! Undev. Parcels in AD 94-
1 Phase 1 285 $346 $98,597 $604,822 $271,796 $333,026
2 Phase 2 527 $346 $182,317 $521,102 $83,351 $437,751
3 850 $346 $294,060 $409,359 $83,351 $326,009
4 Phase 3 1,132 $346 $391,618 $311,801 $0 $311,801
5 1,415 $346 $489,523 $213,896 $0 $213,896
" " " " " "
" " " " " "
" " " " " "
25 1,415 $346 $489,523 $213,896 $0 $213,896
TOTAL
$438.498
.
b4: .
C6-~9 ! <]-70
. ~#P
a11wzo.w,nJum ~ ~o ~daW
~.,r April 24, 1995
File: A Y -092
TO: Honorable Mayor and City Council
VIA: John Goss, City Manage~ b.
FROM: John Lippitt, Director of Public
SUBJECT: REVISIONS TO ITEM 8 OF COUNCIL AGENDA FOR APRIL 25, 1995
The purpose of this memo is to request Council approval of the following revisions to Item 8 presented
to Council tonight:
The assessment diagram for Assessment District No. 94-1 (page B-41 of the agenda item) needs to be
revised to reflect recent changes in the ownership of the parcels included in the proposed district.
Originally, all the properties in Assessment Number (ASMT #) 143 were owned by Western Salt
Company. Recently, Parcels 1 and 2 of Map 17476 were transferred to Eastlake Development
Company. The remaining properties originally included in ASMT # 143 are still owned by Western Salt
Company. The attached revised assessment diagram shows the new Eastlake properties still under
ASMT # 143 but will group the Western Salt Company properties under the new ASMT # 309. The
assessment roll (pages B-13 through B-18) is also being revised accordingly. A final version of the
assessment diagram and roll are attached.
WPC M:\HOMElENGJNEERlapDdaI941IOVJdt
1-7 J
SHEET 1 OF 5
ASSESSMENT DIAGRAM
(ACQUISITION)
ASSESSMENT DISTRICT 94-1
CITY Of CHULA VISTA, STATE OF CALIfORNIA
COUNTY OF SAN DIEGO
EASTLAKE GREENS II
~
83C!"!
............
'tIDT 'TO ICALt
LEGEND
-
CD
........
.... -
--
-..-
lICIT A NIT OF 111[ IImICT
-..-
-
aM ....._...110 WAS LMED ... TM[ tift' COUCR or TM[ CITY or
0tUI.A 'lIlT'" STATE or CAUr'OIIM. ON PAICELS OF LMO IMOWN OM
,.. AIIn..,ENT DIMUM...,. lAID AIItlhlt.., WAI UVlED 0fiI THl
~.~,. or . '''5. MID AUISllllIIlT OMCIMI AND ft.
AUUiMt\W' IOU. ._ ItlCOltDlD ... tMl orra. or TMl stItrt IUlIlIttf1t_tfT
or 1M( CfTT or CMUU vtlTA .. TN( _GAT Of' . 'HS.
..-upct . .... '10 '* AIItISIiIl'IifT IIDLL IlECDIIIXD MIl '1M( omcr Of'
1M[ SfWttT IUl'tRlIIlTtNOEIIfT ... 1Ht [UC'T IMDUNT or EACH ~N1'
I,IVID MAlNIt UCN ~ .. UIID .... ON ,. AlKllMEwr NIIMt.
---
#:trf CUB. em or CtU.A YIlT.
-. .
TIC IDUQrM'I' MID NllCEU AI .... ..-..
,. AI ..... 0tI nc AIlE..... IWICQ. ..."
.. 1M( CDUtft'r Dr 1M ICIO. I'fAtt .. CMJf'IMM
n.to . 1Ht amcr OF ,.. em QUI OF ,. CIT'r .. OMA VISTA
,.. QIl" OF t "_
SITT A.PK. etn Dr CMULA YII1'.
..-on .. M orner or ftC ~ .......fa4K..n ... ,. em or
CMULA 'ltlTA TttII _OF: . 'liS
SlMn ~fPIDCN'. em OF CMr.lLA ftTA
fU'O 'MI _ ...,. ., . '~!"!L~.O*CUJCI _
. IDOC _ '. _ or IIA'I or ........., M'nIICTI.
.c- u. DOCUMtfiIT NO. . M orner or TNt
'**" IUDIDU or ,.. 0DWrT ,. .. ....S1A1l ., CALnIIfrM.
CIIIUIIT'l' _w Of' MIl _10 ClDUIfn
Cl-7Z
'B~
SHEET 1 OF 5
ASSESSMENT DIAGRAM
(ACQUISITION)
ASSESSMENT DISTRICT 94-1
CITY OF CHULA VISTA. STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
EASTLAKE GREENS II
~
8
.41 010 04
NOT 111 leAl<
LEGEND
-
CD
---
--
--
I'MCEL _
..". A N.IY or M ..-cr
--
-
AN AISDIMM WAS Ll'VIlD " M em' COUNCtL OF TNt em or
CHUU VISTA. STATE or CMJf'CMlNtA. ON PMCELS OF LAND ~ ON
THIS AllUWtNT OIAOIIMI MAP. lAID AIKSIIlIENT WAI LrYIlD 011 'nC
~,o:au. _at IIrCOiiiEo'::I;.~~-=-.:r...J:am
OF THE crrt OF CHULA VtlTA ON ntr _DAY OF . =!-..!tu.
tIU'IlH:NCt . MAD[ TO THE AllESlllENT IOU. .COIDCD II 'fHt tIIIfflIIOI; OF'
THE IrKt1' IUPUlfTENDtNT f'OI fHC DACT M1GUNT or EACH AIIEIMW1'
LEVIED MMIIT UCH PMCCL 01' LAND IH.. OM THtS .......a_~ ........
---
arr a.EIC. em OF' CMULA VISTA
..... .
M .autGMY AND MIICElS AI IMDWtI .....
ME AI IHOWN ON TME AIKUOI'I NICtL ....
or THE: eoutm or SAN auo. IfAlt or CAIIIIIMIA
IUD II 1M[ amcr OF' tHE: em ~ 01 1M[ em' or CNULA ~A
1HII DAY or I ,._
arT c:ua. ICRT or c:ttULA YlSfA
IECOIIDED IN M omct or TMI srJIttT aIPlBnDlDDlt Of' '1M CI'n' or
CHUI.A VIllA 1HtS _or '"'
STIErT IU'lIINTtNDDIT. CfT'( or ctM.A WIlT.
n.n THtI _ 1M' OF' . 'HI AT _ 0'Ct.0CIC _
IN mDI _ P" or IW'I or MIaIIIDfT DIIt'IIICTI.
_DOl" _00 w.-= II THE orne< or ....
COUNn' IECCllDtI or 1HE coutm' or UN ocoo. STAT! OF CM.WOMA.
c:auwn _ . .. .. __ CXIUIITT
Cl-73
'.
RESOLUTION NO. J? S"1'/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CONTRACTS FOR OWNERSHIP OF UTILITY IMPROVEMENTS IN
ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has,
pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California, by adoption of its Resolution of Intention,
declared its intention to order the acquisition of certain works of improvement, together with
appurtenances, in a special assessment district known and designated as ASSESSMENT
DISTRICT NO. 94-1 (EASTLAKE GREENS II) (hereinafter referred to as the "Assessment
District"); and,
WHEREAS, pursuant to Section 1 011 0 of the Streets and Highways Code of the State of
California, it is required that prior to the time that any works of improvement are ordered to be
acquired pursuant to said proceedings, the legislative body may, by contract, provide that certain
works of improvement shall be conveyed by the City to other public agencies or regulated public
utilities who will have the legal title to the facilities, and further that said improvements shall
thereafter constitute a part of their system; and,
WHEREAS, it is further provided that any such agreement shall be made prior to the
adoption of the Resolution Ordering Work under the assessment proceedings; and,
WHEREAS, at this time, the form of such contracts have been reviewed and submitted
pursuant to the authorization of Section 10110 of said Streets and Highways Code.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the above recitals are all true and correct.
2. That the form of agreements, herewith submitted, relating to the acquisition of certain
improvement facilities that will be under the ownership, management and control of other public
agencies or regulated public utilities, are hereby submitted and herewith approved substantially
in the form submitted. Said Agreements relate to facilities to be owned by the following listed
public agencies or regulated public utilities:
San Diego Gas & Electric
Pacific Bell
Otay Water District
The Mayor is hereby authorized to execute the final form of such agreements on behalf of the
City. The City Manager, subject to the review of the City Attorney and Bond Counsel, is
authorized to approve changes in such agreements deemed to be in the best interests of the City,
approval of such changes to be evidenced by the execution of such agreements. A copy of the
final form of such agreements shall be kept on file in the Office of the City Clerk and remain
available for public inspection.
8/1 -J
Resolution No.
Page Two
3. That immediately upon execution, confonned copies of said contracts shall be
transmitted to the offices of the respective public agency or utility company, together with a copy
of this Resolution.
Presented by
John P. Lippitt
Public Works Director
V:lfO
Bruce M. Boogaard
City Attorney
8' /? -)..
by
.
Resolution No.
Page Three
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this _ day of ,1995, by the following vote:
AYES:
Council members:
NOES:
ABSENT:
Councilmembers:
Councilmembers:
ABSTAIN:
Councilmembers:
Shir1ey A. Horton, 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 No. was duly passed, approved, and adopted by the City Council
of the City of Chula Vista, Califomia at a regular meeting held on the _ day of
1995.
Executed this _ day of
, 1995.
Bever1y A. Authelet, City Clerk
?,tl-y
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEER'S
"REPORT" IN ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II)
) 73' 7S'"
WHEREAS, the CITY COUNCIL of CITY OF CHULA VISTA, CALIFORNIA, has previously
adopted its Resolution of Intention pursuant to the provisions of the "Municipal Improvement Act
of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the
acquisition of certain works of improvement in a special assessment district known and
designated as ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II) (hereinafter referred
to as the "Assessment District"); and
WHEREAS, based upon the presentation and recommendations of staff and available
documentation, it now appears that the changes and modifications as set forth in the amended
assessment roll, as presented herein, should be approved and ordered to be done.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOVLS:
1. That the above recitals are all true and correct.
2. That all changes and modifications as set forth in the final assessment roll and
Engineer's "Report" as herewith submitted are hereby ordered and authorized to be made. For
all particulars, reference is made to said "Report" as herein approved, a copy of which will remain
on file with the transcript of these proceedings and open for public inspection.
3. That the Engineer's "Report", the Assessment Roll, and all related documentation, as
so modified, are for the best interests of the property owners within the Assessment District, and
said assessment, as modified, is in accordance with the benefits received, and the "Report", as
herein modified and amended, shall stand as the "Report" for all subsequent proceedings relating
to this Assessment District.
Bruce M. Boogaar
City Attorney
Presented by
John P. Lippitt
Public Works Director
8lJ -' I
Resolution No.
Page Two
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this day of , 1995, by the following vote:
AYES:
Council members:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ABSTAIN:
Councilmembers:
Shirley A. Horton, 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 No. was duly passed, approved, and adopted by the City Council
of the City of Chula Vista, California at a regular meeting held on the _ day of
1995.
Executed this _ day of
,1995.
Beverly A. Authelet, City Clerk
r;s(J":J-
AGREEMENT AND ASSIGNMENT
(Pacific Bell)
THIS AGREEMENT AND ASSIGNMENT is by and between EASTLAKE DEVELOPMENT
COMPANY ("Assignor"), the CITY OF CHULA VISTA ("Assignee") and PACIFIC BELL
("Utility").
WHEREAS, Assignee has initiated proceedings pursuant to the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and Highways Code of
the State of California, for financing the acquisition and/or construction of certain
public improvements, including utility facilities, in an assessment district known and
designated as ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II) (hereinafter
referred to as the "Assessment District"); and,
WHEREAS, Assignor and Assignee have entered into an Acquisition/Financing
Agreement ("Acquisition/Financing Agreement") approved by the legislative body of
Assignee, whereby Assignor has agreed to construct or Install certain public
improvements, including utility facilities in the Assessment District and Assignee has
agreed to reimburse Assignor for the costs of such utility facilities pursuant to the
terms and conditions of the Acquisition/Financing Agreement from the proceeds of
bonds issued pursuant to the "Improvement Bond Act of 1915"; and, .
WHEREAS, Section 10110 of the Streets and Highways Code of the State of
California specifically provides that before the ordering of any work and/or acquisition
where facilities or Improvements will be owned, managed or controlled by any other
public agency or utility, the legislative body of Assignee shall approve and enter Into
an agreement with said public agency or utility which will have the ownership,
management and control for said facilities; and,
WHEREAS, the parties hereto enter into this Agreement for acquisition of the utility
facilities, their conveyance and provisions regarding any applicable refundings
pursuant to the provisions of Section 10110 of the Streets and Highways Code of the
State of California.
NOW, THEREFORE, it is hereby mutually agreed between the parties as follows:
SECTION 1. Except as provided in Section 2 hereinbelow, the undersigned does
agree and assign to Assignee, all of the undersigned's rights, title and
interest in and to the contract (the "Contract") identified as follows:
LETTER AGREEMENT DATED JANUARY 25, 1995 FOR PROVIDING
TELEPHONE SERVICE TO EASTLAKE GREENS -TR#88-3 BY MEANS OF
UNDERGROUND FACILITIES
1
~fJ'-3
SECTION 2. Assignor shall, following the effective date of this Assignment,
retain all duties, liabilities and obligations as set forth in the Contracts.
Assignor shall also retain any and all right to any refunds or payments
from Utility as provided for under the terms and conditions of the
Contract.
SECTION 3. Assignee's acceptance of these assignments is contingent upon
the successful formation of the Assessment District, and this Agreement
and Assignment shall become effective after proceedings have been
taken and funds are available as necessary to carry out the terms
thereof, and this Agreement and Assignment has been entered into
before the ordering by Assignee of the work and/or acquisition for this
Assessment District.
SECTION 4. Assignor and Assignee agree that Assignor's right to the
reimbursement for the costs of construction and installation of the utility
facilities subject to this Agreement and Assignment shall be governed by
the terms and conditions of the Acquisition/Financing Agreement.
DATED:
EASTLAKE DEVELOPMENT COMPANY
By:
Title:
The undersigned, the Assignee above referred to, hereby accepts this Assignment
subject to all its terms and conditions.
DATED:
CITY OF CHULA VISTA, CALIFORNIA
By:
Title: City Manager
2
%E-~
APPROVED AS TO FORM:
BY:
BRUCE M. BOOGARD
CITY ATTORNEY
BY
TITLE:
We consent to the foregoing Assignment. without such consent being a novation.
DATED:
PACIFIC BELL
By:
Title:
3
~g:5
FEB. .-16' 95 (THU) 15: 12 EASTLAKE
TEL:619 421 1830
P.002
TEL No.
Feb 16,95 14:52 No.007 P.04
1
IW 311h 5,.e'l A_ 2\~
$,. O~go. co,;tO.... '2116
PACIFICt~4BELL .
~ PI,III,To'..I. co",~.nv.
"
PLBASE CALL
~19-563-2280
FOR INSPECTION
January 25, 1995
Eastlake Development Company
c/o Utility Specialists, Inc.
4429 Morena Blvd.
San Dieoo, CA 921~7
Attention: Shelli scott
This is to confirm the arranQements made between Eastlake Development Company
("Applicant") and
Pacific Bell ("Pacific") for providing telephone service to your project
Ellst1ake Greens - Tr'88-3. by _ellns of underground facilities.
The applioant hereby aorees to tbe following conditionsl
1. The applicant shall provide positions in trench and will place
substructures for Pacific's use as specified in the attached drawinos
1 - 2 of 2 of Pacific's job number D3(17)7501U.
The cover over telephone facilities must be in accOrdanoe with the
specifications on Pacific's attached drawings. Minimum cover in all
cases should not be les& tban 24" below finish grade unless otherwise
specified on drawings.
2.
The applicant ahall excavate, backfill and compact the
accordance with the specifications of the City or County
jurisdiction over the project.
.~
trench 1n
that has
-
3. The applicant ahall notify Pacific at 619-563-2280, at least fifteen
(15) WOrking day. in advanoe of starting trenching so Pacific may
coordinate the placing of its facilities with other operations. The
applicant furt~er agrees that trenChing will begin on or before
March 01, 1995, and will be completed on or before June 01, 1995.
If the applicant cannot complete trenChing within 8aid time period,
Pacific may at Its sole option terminate this contract and bill the
applicant for all engineering costs incurred by Pacific; Pacific
shall incur no liability as a result of such termination.
4. In order to prevent damage to pacific's facilities, the applicant
shall provide supervision over and coordination between the various
contractors working within the project until said facilities are ready
for service and tested by Pacific.
!t is recommended, in
Pacific's faoilities,
deferred until sewer
installation.
order to reduce the possibility ot damage to
that the placement of these facilities be
and water utilities have completed their
. ~[] ,~
FEB.. -16' 95 (THU) 15: 12 EASTLAKE
TEL:619 421 1830
P. 003
TEL No.
Feb 16.95 14:42 No.006 P.OS
5.
provide conduit (1" Schedule 40' sunt'lard - equipped witl'l line) as the
underground supporting s~ructure and trench for service. connection
facilities witl'lin the interior boundaries ot all lots. from property
line to the riser protection. conduit at the foundation. at no cost to
Pacitic. conduits must be placed and sized as shown on Attachment A.
" .
Prior to the commencement of any work to be performed hereunder, or at
a mutuallY aoreed time thereafter. the applicant shall grant Pacitic
all necessary easements for pacitic's communication facilities in the
specified locations and in a form' satistactory to Pacific.
The' applicant agree to su~mit a final bill to Pacific no later than
fortyfive (45) dayS following acceptance of the ~ork as outlined
herein. Notwithstanding the above. if Pacific does not receive a bill
from the applicant within (90) days of said acceptance. PaCific will
consi~er the amount settled and all conditions of this contract
fulfilled and Pacific ahall not be liable to the applicant for the
payment referred to in pataqraph 71:1 below. Billing e;houlCl specify .the
location of the trenching work by street address or other reBsonal:lle
identification anCl should rsfer to pacific's jOb number D3(17)75~lU.
All bills should be mailed to:
6.
7a.
. .
Pacific Bell - Joint Trench
San Diego construction
4042 37th Street. Room 215
San Diego. CA 92105
Attention: Jane Rettig
shall be based on the cost of Pacific's conCluit and/or
share of trench as specified by the applicable tarriff on
the California PUblic utilities commission. The estimated
be . reimbursed ~y Pacific is based upon the following
footages and eltablishe~ schedule of rates.
7b.
Said bill
Pacific's
tile with
amount to
estimatet'l
.~
1.709 feet of "-ALL Trench for Telco's sole
use. $2.05 per foot p
6.616 feet of 4ft PTS 77 conduit with 3/8"
pull line placed and associated
fittings and 1 bends.
2 30" R Type Manhole Frame & Cover
OS209.00 each ·
2 l2'x 6'X 7' Manholes
0$5.155.00 each ·
"MANHOLE NEC1<B NEED TO BE PAINTED 'WHITE"
For the total sum of : .
-.
$ 3,503.45
5,630.62
418.00
10,310.00
$19,862.07
8ZJ --7
. FEB..-\6' 95(THU) 15: 13 EASTLAKE
TEL:6!9 421 1830
P.004
TEL No.
Feb 16.95 1~:42 No.006 P.06
" .
. .
.,
8.
In the. ev.n~ Pacific i. required by the applicant to make significan~
changes in the drawings referred to in paragraph 1 above, the
applicant shall pay Pacific for, any add1~ional engineering costs
rRsul~ing therefrom at Pacific's current loaded labor rate.
.
9. Applicant shall perform all the work specified hereunder and any
amendment. hereto in a good and skillful manner and the work shall be
free from faulty or. defective workmanship. All material furnished hy
applicant shall be free from defects. Applicant shall immediately,
upon notification from Pacific, remedy, repair or replace without cost
to Pacific and to the satisfaction of Pacific's represen~ative, and to
the satisfaction of governmental official having jurisdicti.on, all
defects, damages or imperfections, including. but not limited to
r.avin;, sinking or settling which may appear in the work within a
period . of two (3) years after the date of final completion and
acceptance of the work by Pacific. Pacific shall exercise rea60nable
diligence to discover and report to applicants, as work progresses,
all unsatisfaotory material and. workmanship furnished by applicant.
In emergencies or due to applicant's inability, refusal or 'neglect to
do so, Pacific Ghall have the right to correct such defectl ,and
applicant shall reimburse Pacific for the costs thereof within ten
(10) days after receipt of A bill tberefor. Neither acceptance ot the
work by pacific nar payments to applicant hereunder shall relieve
applicant of these obligations. . All equipment and tooh furnhhed by
applicant shall be in gOPd and servioeable condition and shall be
capable of performing the work ~n an efficient manner.
10. .If trench is' closed without inapection by Paoific, potholin; may be
required at Pacific's discretion to verify that all Ipecifications
have been met. All potholing will be done at applicant'S expense.'
11. When the applicant hal placed to' Pacific's satisfaction the
underground~pporting structures for which reimbursement is specified
in paragrapn 7 above, ownership thereof, including tbe m1iterialR
supplied by the applicant, will be vested in Pacific.
12. Be a~vised that working telephone servioe cannot be provided for
approximatelY thirty (30) ~ays after the work i. completed. This
would include final grading, oonduit with pull lines, and enclosures
placed as specified.
13. The applicant shall indemnify Pacific and ~ave it harmless from all
losl or liability of any character whatsoever, including damage ~o
Pacific's facilities, arising directly or indirectly out of or in
connection witb the work performed by the applicant hereunder, its
contractors, employees, agents or permittees.
8'g-Y
TEL:619 421 1830
P.005
FE.B..-!6' 95(THU) 15: 13 EASTLAKE
. .
TEL No.
Feb 16.95 14:42 No.006 P.O?
J4. Applicant shall, until acceptance ot the w~rk by Pacific, maintain in
tull for-ce and effect the tollowinq insurance with insurance carriers
authorized to do buein~sa in California.
(a) For work' in California, Worker's Compensation Insurance in
compliance with all Worker' 8 Compensation I,aws of the 'State of
California, or in lieu thereof, to have become a qualified eelf-
insurer of Worker's Compensation benefits.
(hI Products and Completea Operations Insurance.
(el
,
Comprehensive Liabllity Insurance, including automobile which
shall protect applicant from any claims for bodily injury to or
death of any persons, and tor damaqe to or. destruction of any
property which may arise from work performed hereunder, and. which
does not exclude explosion,collapse, or underground property
damage hazards. Baid Comprehensive Liability Insurance shell
also provide contractual liability coverage with respect to
lia~ility assumed by applioant hereunder. Purther~ore, said
Comprehensive Liability Insurance shall protect applicant against
any liability whioh applicant ~ay incur (a) on account of bodily
injuri.e8 to or the death of one person and consequential damage.
arising .therefrom. to the extent of not le88 than $500,000 and on
acoount of bodily injuries to or the death of .ore than one such
person and consequential damages arising therefrom as a reBult of
anyone occurrence, to the extent of not les8 than $1.000,000
(b) on aocount of damage to any property, other than Pacific's
pr.operty occupied or u8ed by or in the care, custody or control
of applicant, to the extent of not le.8 than $250,000 for each
accident and $SOO,pOO,aggregate, or in lieu of (a) and (bl, (c) a
combined single limit on account of both bodily injuries and
pr.oper~ 'damage of not lesl than $1,000,000. S~ch iDIurance
shall include Pacifio as Additional Insured: be primary insurance
to the full limits of liability'berein before stated and should
Pacific have other valid insurance, Pacific insurance shall be
exces. insurance only: and inolude a severability of interest
clause worded SUbstantially as follows:
"The insurance afforded applies separately to each insured
agai.nst whom Claim i. lIlade or suit is brought, but the
'inclu8ion hereunder ot more than one in.urea .ha]l not
oper~te to increa.e the limits of the insurance carrier's
l1a~i11ty. The inclusion of any p.rson or orqanization a.
an insured shall not affect any right that such person or
organization would have illS a claimant if not 110 included",
~lJ -1
FEB,:-)6' 95(THU) IS: 14
EAST LAKE
TEL:619 421 1830
p, 006
TEL No.
Feb 16.95 14:52 No.OO?
P.OS
APplicant hereby 4eclarel an~ agrees that applicant is 'engage~ in an
independent business an4 will perform its obligations hereunder as an
in~ependent contract of and not as the agent. employee or servant of
Pacific: that applicant has and herebY retains the right. to exercise
full control of an4 supervision over the applicant'S ~erformance of
ap~licant's Obligations hereunder and full control over the
employment, direction, compensations and dischar08 of all employees
. assisting in the performance of such ObligatiOnSl that applicant will
be solely responsible for all matters relating to payment of such
employees including compliance with social security, withhOlding and
all other regulations governing luch mattersl and that applicant will
be responsible for applicant'S own acts and those .of applicant's
subordinateS, employees, agents and subcontractor~ during the
performance of applicant'S Obligations under this contract. In the
)
performance of the work hereunder, applicant ahall not emplOY any
person who is 8 full-time or pBrt~time employee of PacifiC.
l6. The attBchment entitled "Sxhibit-EXeCU1:ive. orders and 1>ssociated
Regulati.ons" is hereby made a part hereof. AS used in the Exhibit,
.. contractors" shall mean the applicant. Those orders and regulations
ap~licable as indicated in the attachment are incorporated bY
reference herein.
,
DATtD
APPROVED
R.C. Hilton
Manager
San Diego con~uction
.-.
Enclosures
"GREEt);
N~'S AUTHORIZED REPRESENTATIVE
..JL,/...~, ~~. ~,"""'}/:).I~"'~~
NAME & TIT (PL ASE R T) .
~
~I:!
<6"8 -It)
.
AGREEMENT AND ASSIGNMENT
(San Diego Gas & Electric)
THIS AGREEMENT AND ASSIGNMENT is by and between EASTLAKE DEVELOPMENT
COMPANY ("Assignor"), the CITY OF CHULA VISTA ("Assignee") and SAN DIEGO
GAS & ELECTRIC COMPANY ("Utility").
WHEREAS, Assignee has initiated proceedings pursuant to the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and Highways Code of
the State of California, for financing the acquisition and/or construction of certain
public improvements, including utility facilities, in an assessment district known and
designated as ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II) (hereinafter
referred to as the "Assessment District"); and,
WHEREAS, Assignor and Assignee have entered into an Acquisition/Financing
Agreement ("Acquisition/Financing Agreement") approved by the legislative body of
Assignee, whereby Assignor has agreed to construct or install certain publiC
improvements, including utility facilities in the Assessment District and Assignee has
agreed to reimburse Assignor for the costs of such utility facilities pursuant to the
terms and conditions of the Acquisition/Financing Agreement from the proceeds of
bonds issued pursuant to the "Improvement Bond Act of 1915"; and,
WHEREAS, Section 10110 of the Streets and Highways Code of the State of
California specifically provides that before the ordering of any work and/or acquisition
where facilities or improvements will be owned, managed or controlled by any other
public agency or utility, the legislative body of Assignee shall approve and enter into
an agreement with said public agency or utility which will have the ownership,
management and control for said facilities; and,
WHEREAS, the parties hereto enter into this Agreement for acquisition of the utility
facilities, their conveyance and provisions regarding any applicable refundings
pursuant to the provisions of Section 10110 of the Streets and Highways Code of the
State of California.
NOW, THEREFORE, it is hereby mutually agreed between the parties as follows:
SECTION 1. Except as provided in Section 2 hereinbelow, the undersigned does
agree and assign to Assignee, all of the undersigned's rights, title and
interest in and to the contracts (collectively, the "Contracts") identified
as follows:
A. AGREEMENT FOR UNDERGROUNDING ELECTRIC EXTENSIONS
TO AND WITHIN NEW RESIDENTIAL DEVELOPMENT OF LAND
1
~(J -/ /
B. AGREEMENT FOR EXTENSION AND CONSTRUCTION OF GAS
SECTION 2. Assignor shall, following the effective date of this Assignment,
retain all duties, liabilities and obligations as set forth in the Contracts.
Assignor shall also retain any and all right to any refunds or payments
from Utility as provided for under the terms and conditions of the
Contracts.
SECTION 3. Assignee's acceptance of these assignments is contingent upon
the successful formation of the Assessment District, and this Agreement
and Assignment shall become effective after proceedings have been
taken and funds are available as necessary to carry out the terms
thereof, and this Agreement and Assignment has been entered into
before the ordering by Assignee of the work and/or acquisition for this
Assessment District.
SECTION 4. Assignor and Assignee agree that Assignor's right to the
reimbursement for the costs of construction and installation of the utility
facilities subject to this Agreement and Assignment shall be governed by
the terms and conditions of the Acquisition/Financing Agreement.
DATED:
EASTLAKE DEVELOPMENT COMPANY
By:
Title:
The undersigned, the Assignee above referred to, hereby accepts this Assignment
subject to all its terms and conditions.
DATED:
CITY OF CHULA VISTA, CALIFORNIA
By:
Title: City Manager
2
~[1- /;2-
APPROVED AS TO FORM:
BY:
BRUCE M. BOOGARD
CITY ATTORNEY
BY
TITLE:
We consent to the foregoing Assignment, without such consent being a novation.
DATED:
SAN DIEGO GAS & ELECTRIC COMPANY
By:
Title:
3
?g " /3
/
PEB. -IS' 95 (WED) 16: 54 EASTLAKE
TEL:619 421 1830
FACS:rMILE 'T'RANSM:r'l'TAL SHEET
DATE: ~q~'
TRANSMIT TO (Faosimile Number):
coMPANY: t flMl....... 1) \V{'~
ATTENTION: Wo.\\{~1/\ \:f,-J~'"
TIME:
:-',:,Cl-D7"-2....
J ~ ... ~I .,-
P.001
I.'
r~'.i
j,:,,,,.,.
..
.
, EASTlAKE
DEVElOPMENt
COMP"NY
900 I.one _nuQ
Sulle 100
CnuloVl.lo. CA91914
(~191421-0127
DOCUMENT:
+or
NOTES:
,
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FROM:
TOTAL PAGES, TRANSMIT'l'ED (~oludin9' thi15 sheet):
_.' - -. -.------- ....-. ... .
. 8'l! ~J(
FEB. '1.5' 95 (WED) 16: 54
EASTLAKE
TEL:6!9 421 1830
P.002
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~'. , 1 "."J':,:;t'~~;~"l"~/~,::,~;"~(,,'~"" . <4:.'. ' . ~. ."'....!.,..#;..\'..,,~.. ~.~~~....'/', .........~.".l:-.:~i~.......'/t.:.~J:".j''Sot. ';:','1',1;. ~t",,"'::r.1','q:i+'.';t;I
....... .' :'\';''';'.' j,'. . "':~~';,i~"~),::\ ":1;'.~.I:,jthl'i," ,:.' >... .'~. .' ~" ,,',;. ~ ~, . ~<~.:,,', ':. ", ;~,,:: .I~""~> '~" ~l~~'~ ;,; ":/~~::i~'~).~i*::~~ .... ;..:.
,;.\' ...., . '.' '.:,. '~"",,:~"'}~~;'....N;:ir;111:'~;\" J~ ~'...:",'.:...,; :' .1:" ,'.' ,.'.;:,\::: .". 'l'!~~(,~" '.;.~\/:,.. '.,."'..: .~.\il,\"':""f,"'i'-"').'~1.:1'~',,,',
....\":~::;.::;:,::~~:\i~;,;t;. , :.' ",. ...., P' "." <,,::,,>,,".;::~:;::;.:.,. ". .:.~'<::~;";;::'~':.: .
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,.". '" " "i:'~~~AGRBBIIIDI!I! 1'Oa UllDBRGRCRDfD BLBCnUC:BDi:R.%OIII~" ~"~', :j~.,. '~'''~;,,~;::~'r,:,
, . ,".)~:,!I!O'JIXD WXftrNlI!lW RBS%DIlN'J:IlIIL DZVELOI'NEIa or loIUIID . . .
" '~:~:r;~r::.-.:i,,:. ..',.. , ';.',:.,. ."" '" ' .".'. .-
mIlS ..AGJlEBHElI'r, '_de and .ntered iat:o, 1>y &Ad b.t:....n SAN DIEGO " . .'
. '...' liAS .~ ELEC'1'1l.tC'..COHPAHY, a corporat:ion, h.reinafter called .-tJ1;ility,- ,and .~ . ..',"
::.~':..',.,. >i.\I'" ~~~ 7"-"M'/"";o~ t:!t)AlMtI/If .' . " .JI,er.inaft:er called.~ ;.i/":""::;~::...,.
''''.' '''APPlicant..'~'~l''''~' ~:~.?,~",,,,~,,~":'~,,.,,,,.:. ',\0", ,:"""1.l1", J..:' ':,:.: ":'),\:,r., '.', ,."". ,.'t,"~...J..,:J~
, . . _ . . . ' :, ",u" "''"f",,~, '. .' .. ' . ' .' ,,' ,'. '. .,.
. .';;''''~Y''~'''' .' ,.,:.'....I...,,'~1 ~~1f..~r;;.,~.!;';,~..':.,'".,.~..,. ,", ' .."....,~..'...,~'i'I~I..;"'..,., ~,~,~..'.:.,I...,h1'I.'I(;...,'.....;"l.1~Jc:...':.t~;;"t;;::lC,'::.,t'':'
;: . .' ':':.:r'>': .; . \'. '. :" '. 'tWHERlWl':ir.'.'PPlicant~reque.u Ut:U1ty 1;0, ~.h .:;und.rgrO!Wl. ,:<.,:.: Iy ~~.:". 'i;li,~f;:"~~' .,,;,0.
'" 'j;' ,: E1l1ct:ric Service ''t.o:'a ;~ov_ental :.approved developant:' ot ,land :Jcnown "all' lSOUTH .'.:' .'" .
'.., '101. .,~ GRE2HS PH1SE '].'{leqally deBcrib.d.alil Sout.h Gr..nview nriv... .all't.'o~ B.at:.la1c:. '
" .'. . Parkway. 8ou'Gh 'of ,Cluhhou.. Drive. ChalK Villt:.a. Cali.fornia", th.~efaZ'e;~l' ,. . ...' '" ':'. ~ ...
,'''',\':'..:r',.~.i'~''~",~:" \ ,':. .', ..'''. :' 1'1'/":\';"':;'.'-:;'~';"\;'1:;";""~" ,.:' ....:'".. ';. d,.~.'J',~,,,,
. :: Irl.:'coil.iiS8~at:101l. :of -tohe 'lII~t~al F_h.. 'hereili'; ':~he '.partie. ,A9Ji.e : ...
.. 11' ,.."'. '~~1,,_,I'"'''' " . ." 'I' .11 .. ' .
as...o ow.:. 1.11":':;':~.'I:~t~h~~j ~ t..;::' ." " ., . ~1.I~t';,' ,....~\:~;,l. ~r.'~!J""~~.,j:o'r', '
. , II.. ",~, '''4''''",,'1 .:' 'I .., .', " . ..~~ . .' .
1~~:~'.');APi;n~.~t ...~h&11 perfonl all liIXcava~~', '.~;:;'kiili:~' ~d .:.:'
. "','.:-. c_paot:ioa. inclllding furnillhinq lUly imported backfill
:'.' .:::' ("lIIaterial required, and wl11 f~rni.h. and inet:all all
,... ., di.t:ribution and feeder cond~it and .ubti~llt:ure. required,
. ',,.. :' all'in accordance with ut:ilit:y'. Gelllilral.COndit:ionll and.
..specificationll, attached her.t:o and lIIade. a part: hereof by
.this reference. The vallie of .lIb.trllClt:urell and 'any
additional tacilitie., which arll not .the.applicant..
rellponllibUlty, b~t in.t&118d at the reque.t. of the
Utility, will be iIIcluded in t:he refundable advancII computed
;_ in Appendix A. Applioant hereby grant., .e11., IIlld" convey.
'. to utility all it:. right:., t:it:le &Ad interest in and t:o all
. lIlaoh .lIbllt:r~ct:uree, di.t:ribllt:lon conduit and feeder oond~lt
, upon accept:ance of the in.t:anation by 1lt:ilit:y, in
"accordanoe with the above rllieranced Cenera1 condition..
. , ,...... :.~..'.
.,.'C' ~',.': :'; i'..; ",
..' ,
., ',.,',
"
2, .... Applicant: .hall advance callb in t:he .~ID of ,'0,504.00
for the extend,on hereunder, all cOIDputed in Appendix A. receipt of which i.
hereby acknowledged. by.llt:ility. At the t1m8 each re.idential Property or
area, all d...cribed herein, 111 developed for re.1dent:ial purpollell and
addit:ional dilltribut:ion facilitiell are extended to IIerve re.ident:ial unlt.
wlthin IIaid developnent: at land, lf the product: derived by llIUltip1ying t:he
number of dwelling unit. in t:he developlll8nt: t.JJIle. 7S feet: _eeed. the tot:al
d1.t:~ibution foct:age of electric line. inlltalled wit:hin the deve10pmllnt of
land, an &IIlOunt equal to the nulllber of .aid IIxeee. teet: t.l.mell t:he original
eetilDated COllt per foot: .hall become available for refund.
,,-/
. -1- 8" 8 ~ /-./
FORM 106-41140
Fila /P':l
..I:'.;. .(
." ..~~., . :.~, '~. :....'.:,:,., :.,:1..:.1,"".:',. :,','; ", . I "'~:;' ',' ,.,.,,~.:,:'~~!I):t},..,~, ".
. "l:",<,:~.'1 \.'," , ,..J,', . ".I:.";""/!'~'" '.' 'l'~''',\' . I~ . '" ,-. ',' '"" . '\ "",'\!'/I~'~}I""'" .'
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" '. "..\'J I' ,. ". , .~ I' I . ... '~"., . ..ot . . , \. \ I. ..', . ',"" I ..' " ....,'.. .' '" '\ "k-1Ill " I" ' ,.'
'~'''.f.:~:'~,f.,~,~:~", \'\1 '1;~ \ ( ..; "'::. :", ' . ".',: ":"'.':. '" .;" .~:".', :t... :~, "~'~,'ill'::'.'. ~ ". -',' .~.I.. ..: ::': ~:'. ~:;T,"" ,'. '.:~:.; ".: .\ (. . ~ ' '~:.: .~~ ". .,:. >~;~: ,~,..:,: .f:>',' ,1. ..' . "'. '~'
tlll";'~;~l~~~'rh' ':~':::~';1fJ:~"~ ..~,.:.IJ'},...~:,...~.i'.,..l. .~..~~.:lr'\",,:,~'.i!~' .,' "..r:.J.'!.:..:. '..'. '. ." ,:,,<"'r''':'r.o''''4~, .'......:.~~... ,.~.~:1.~Il'.~...~"IJT.:.. '.
!~~r.~~,~j:;,~i'.~ ;;:'~ ;"; : .:.,~'\ ,.." '1'3 ~~;'~~'.~'~bnc. ~PFnC~~ ' ha.', .=art~d 'tlOi l"':tOrDl the... warl<', requl u-~~: ,'f :.~!:>:;.:: ~.' .' ~
'~[.'liII':~ '1 (~~;...',,~::a:'~t':1""~':;~"~,'~r' ...,lit,.~.. B._th..rae..'.....ocumen...,. npp can", agre..,.",o...xerc .e ~~l~~~,~~. ,. ~.~~~~..j:"""'IIj.':;.
. I:'...'I)"J~"~\" ....,..,~.. ,. ...', " ;. .." i i in 'M~' h." k ., 1 "i' I~""I', ......, :'....,'I'l'~...'
1.:'~:~~""'" .~~~'i'..':~' ';', '~'"'j,,~,,,~~~"".:.''''t\.1,\.'' rJ, ','r~"'rea.ol1&tll.,~.c1 1 vence pur.u_.... .qC ,.WOJ: to 'CCXPp .t on:' . ,j,~:.,.."j,t.,.:..ll ~,,: ,"
. ."" "l'" , .1..,. . .'. ., _. hi. f t.h. &Ct.' 1 ., r.
:ft"':'~!P""':':':~~~f,,"'~':'.-:,~"\'II~'"'' .iJ\ '~!,,:,,'1' ~ithin a~,.;Y:llar:....t.r t . effect "'. date.o .' ..'COnt%' "'~%~~~~;*'...r.'r-':~ ":,
':..";'Ios-/,'r.:';:-'':: ,,'., .;v.',' :~.". 'DoCUlll<tnI:II,,~<,.If IIuch"wark,ha. not ~..n;compl.t;.d wlthin"on'!l..il;!!i<(,I'",'\~,I:I,;-"~\~,:,1
~;,i'",;\.'''~~''~~~i'. " .. .,i,. .,.'., .::" ',..' year 'after,::1:h. .ffec1:i..'da1:e of .the COlI.tract Doc\llll8nt.,j,'I>.Ib:"O\\""I)."':'I''''.'
" ,\,~,,'" ". 'j"" . , . ~_I~ """'I.,,.. I
,,:,,:,:,-.:.,'"'>.it;,:.,;::.,.. .... . :- ' ut:il1l:y .hall h.ve the rlght, ,upon giving writt.lIn no,j;:ice::l;p;,j;.,;:"I'.' ,<,' '.
".:~,-,J(I.-:,....,,:_ .,' i ,.' ," "Applicanl:,. t:o ,canoel and 'tel:lll1nate the contract: DocWIlente,'f.,f."::.':'\," .'".
_" . 'c' :.~,;, ':, " , , :tf Ul:ilil:y,e18ct. to cancel and t:.rDlinal:e the COnt.ract ,..'., .. "
:,.,.:.-"\...;..,~,,,. Document.,~Ul:lliI:Y'lIhall nl:urn t.o Applicant an amount equal
.. '... to the,above ca.h advance, mlnue Ul:illty'. oo.l:a.. ' "".
, . , "Utilll:y'. COIII:.".. i. detined all th. actual co.t, (i:nclud.1ilg "f"~".<:. '., .
.",:' '..<.,.""';" ".':"l'. , ,." ". but. not: U.it.d to,llll:lcr, materilll. &ll.d overh.ad) incurr,d""._",,,,,,
.:;,.~.-.'."~":! .~f .", .'by ul:ilil:y'prior 'to.lluch cane.llation anct.terDlina1:lon in:,:.;".',~-: ':......
eonnecl:io" wil:b work do". ln furth....anee of Applioanl:'a. , :.
projecl:, plulI the acl:u.l co.1: of removlng any of I:he Utllity
in.l:alled 'facilil:i.. which Utllltr d.eirell to IIlllvage, minua
t:he lI&lvag. value of. euoh taeilit all. :tn 'the .v.nt'. - .:"..'.f.."."o-:'
Ul:ility'.",collt. exc..d the al:love callh ac!vllnce, ,Applicant ..':...r~.::':...'...,
agree. 'to, pay Utility a lIum .qual to the amount by which lob '
Ul:illty'a OOlltll exce.d the advance.' Upon _"Cille of ita, "
righl; . ,'to canc.~ ',and ,tel:lllinate aDd upon paymenl: 1:0 APPU.clUtt~.i;:1.':: ,
all.ot",UI:11.ity,. obl1'j/al;lo",. unclllr the Contract: Doc~~~.~ti~.:," ," .,,',
.Ilallo.alle':i'~.', "'" .:",.:", ,-
Applicant 8hall,:upon tltUity'. nqu.llt, execut.. Ul:ilitY'II,_
el:anda.rc! fOrlll,.a._t. 'to... the oonatructiOll, ..&"V.l.ce, "~."',<~c' ',. 'i.
pre.enee, :maint..nance or in.1'8ction ot Utility'. f~ci~~~~,.";'1 '.:'.
all IIlIlY bll ,requir.4 hereunder. " ",. ,":"':";',,". :-: ,
,(.::~..l; r .' ~t,,j ,\. ; .. ...:..I;.:"....'~.,.,~....;~F. :..~;.
In t:lle e".nt'that-a.ii PoRion of th. r.fundable callb-:a.ivance";.~':''':
hall nat. qu.lified for refund. al: t.he .nd of 12 DIOnthll atl:er
tlt.illl:y 1. fUllt rlla4y to r.nder ..n-ice fram the, ,'.
undergrcund .xt.n.ion, Applioant: .h.ll pay to Ui:lllty 1ta
own.r.hip coal:II on 'that portion of t:he r.fundable advance
for which r.fundll have neith" be.n made, nor are .ligible
'to b. made. The .own.rllhip co.l:. IIhall be equal to 3/4' per
month ot the 'total lIIDOUDI: advanced, 1... all retund. made or
.ligil:lle to be m.de to Applicant:. Payment of such ownership
~_ OOlltll will nOrlllally be made by deduction from the
Applicant'lI refun4al:lle a4vance, but .lach deduct10n will not
r.duce the ..aunt on whlch the co.1: of own.....hip charg. ie
balled.
FEB, '-15' 95IWED) 16: 55
.. -,
"
't..:.
. '
.: .
.... ':':;.:.:;.~;:.~' . .~,
't . ~ ..'., ..::~~
',1;" ;,.:'~\ .~r;~J.';~)~;:;.~ ,,':'
1,1,' .,..1 ':' ~.~,q'::"w' '.'
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~. : '.' l '''::1,\. ~ . :..'
"r~~':;~~' ';.'~ ~:: :f~:~~;;~~.,~:~"
s.
,;' .::.,.,
;,
'",'
6. .
7.
8.
FORK 106-41140
EASTLAKE
TEL:619 421 1830
P,003
"
No refund pa~.nt. will b. made by Ol:ility in exeellll of I:he
refundable amounl: advanced by Applicanl:, nor aft.... a perlod
of ten y.ar. from the d.al:. Ol:ility 1. firet ready t.o render
lien-ice from th. .xtenllion. Any r.fund.d amounl: re.aining
al: the end of the ten-year perlcd will become !:h. prop.rty
of Ul:llity.
Thill Agreement may b. a..iqned by Applicanl: only upon the
allllignee'lI wril:t:en acc.pl:anoe of e.id a..iqnment, and. tha
prior approval of Ul:ilil:y a. .videnced by wril:l:.n
endOrllamen1: 1:hereon, however, .uch approval ehal1 nol:
conat:il:ul:. a reI.... of Applioant'e Obligal:ion hereunder
unl..II .xprella1y .0 provided. in IIaid .ndorllemenl:. Ul:ilil:y
mllY refuge to acc.pl: an ..1I1qnmenl: of thl. Agreement unle.1I
.x.cuted on a form furniahed and approved by Utilll:y.
. -2-
%f];/?
FEB.-IS' 9S(WED) 16:S6
EASTLAKE
TEL:619 421 1830
P.004
"
'- .~
. .,..;. ...' .,...' I ',' ","
...'..........;...:,..,.,...:..:..,....:.'...:'.,..,'.'._...,.....:...:.......,.,........'..'... ,:.,. .,. ',.,\, r.,' '., .
. .: : ";. " :. :.o::;;.~:;.{.~;.,:.;.~.;:.',:~,/..;
.t, " . " "
.1.......:......'...:.'.. :;.... ;.~.\~.;. ;,'~:':." ,I'.:., :..;,,....~.,.:;.. :'. .;i:.)..'/~l,.:;'.) " ,'.- ",.' i. \t1f","I..';.,;.r., ^.l,'l,o", ~",..
. ", ;'.t " .':,;::..:'; ."~~ ,~ '<./:;:~' :..... ;: ':~~' ,: :' .:"
.,~., :.~:. }.. C' ,,', .; ::,;,,'!"~~:"" APPU.~ant: ,.halVbe governed by UtilU:y'. applicable Rates
., . -,,,...... .:'..,.," .".: " .'. ,".' .. . and Rules on file with the California P\ll:llio UtiU.t.iee
......, ,.,' . . ,..... . .. Col1lIIliuion, .whioh Rate. and RIlle. ...... made a part. hereof by
'.:: :.':.~, .' . . . reference, and 'a copy ot which will be furnished to . .. '.,:. "
...... . Applicant on requeet. Thi. AgreBalent .hal1 at. all tilDes be"
.eubjeot to .uoh chang.. or modification.. a. .aid commie.ion
may, fram t.ime to t.ime, direct in the exeroiee of it..
jurilldiotion.
!.
.oJ'.'. #" "
10. If Applicant. is a ooxporation, ~ner.hip, joint venture Or
a group of individuale, th. sub.cl:'iber hereto repre.ent.
t.hat. he hall t.he aut.hority to bind .aid corporation,
partners, joint venture or individual. a. the ca.e may be.
11. The Contract. D~nt. eha11 becOde effeot.ive only upon t.he
c:l.ate dgned by the author bed repre.entative ot Utility.
. " . , IN . WITNESS WHEREOF I the parti.. hereto have eau.ed t.hi. agreement to be
exeouted tor and on behalf of each, by their duly authori.ed agent., part.nere,
pr corporate oftioere.
APPLI~,..EastLake DevaloDment Company SNi DIEGO GAS r. lIlLECTRIC COHl'ANY,
. ," a corporation
By,' See Attached Signature Block'
By,
Authorized Signature-Utility
Date:
'l'I'rLE.
Date.
Adclrell...
Sooial s.curity Number or
Tax I.D.l
Applicant i. a corporation:
Yes I ] No [ ]
g [f ~ /7
-~-
FEB. -15' 951WED I 16: 56 EASTLAKE
TEL:619 421 1830
P,005
By; EASTLAKE DEVELOPMENT COMPANY,
a California general partnership
By; Boswell Properties, Inc.
a genecal partner
By: The Tulago Company
a general partner .
By: ~~4
Paul G. Nieto, Vice President
Ro~Jh9u
By:
By: c:;&# ~
Paul G. Nieto, Vice President
o ~ tl 0 nJ. /
RO~y~"
By:
?8 -/y
FEB: -15' 95 (WED) 16:56 EASTLAKE TEL:619 421 1830 p, 006
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Submitted to Applicant By:
Sue Scott
SDlll
AGIIEZIIEIiIT FOR IIl~IOIf AJlD _lnuC!l.'IOIf 0" ClAS
~hi. A9reement, dated
/P7!96
.
, ie made and entend into, by
and between SAN DIEGO OAS Q ELECTRIC COMPAIlY, a corporation, hereinafter
called .Utility", and #,fff~ "VSi.l~L-D,t:'~ ~~
hereinafter called "Applicant",
Whereae, Applicant reque.t. Utility to furnieh gaB .ervice to the
,
t
prllllli.ee known a. SOUTH GREINS PHl\SE 1 and located at South Cre.nview Drive
.a.~ of ..stlake Parkwav .ou~h o~ ~lubhou8e Drive. ahula V!g~.. ~.lifornl.,
I
l
therefore,
In con.ideration of the mutual Famillell herein, tha partie. agr.. all
followa,
1.
In accordance with California Public utilitie. Commie.ian ~ule
15.C, the allecation of work en WOrk Order and the coet
inf~rmation .ummariaed in Appendix A and contained in Appendix H,
whiilb"Appendix ie attacbad hereto and l:Iy thie reference "
incorporated herein, Utility and/or Applicant ahall con.truct a
gae extenaien. Applicant ahall perform at it. expenee all
excavation. backfilling and compaction, inclUding furniehing any
imported l:Iackfill qat.rial reqgired, and will furniah and inetall
all diet:ribution and feeder conduit and euI:Iatracturee required,
all in accordance with utility'a General Condition. and
Specificatione, attached hereto and made a part hereof by thie
reference. Upon Utility'. final acceptance of .aid installation
in accordance with the referenced General Conditiona, Applicant
hereby grant., lIe11. and conv.y. to Utility all ita right., title
and intere.t in and te all .ateria1. 1ne1:e11ed. once the
exteneian receive. final _cept.nee, Utility a'ire.. to own,
operaue and maintain euch .xten.ion.
2. Applicant ehall advance Qaeh in the eum of t1'.981.00 for tbe
extension hereunder, all compute4 in Appendix H, receipt of wbich
i. hereby acknowledged by utility. Utility agree. uo retund any
refundable amount. in accordance with ita Exteneian aule in effect
as of this Agreemenu.
, -1-
8'E-c::J.~
FOllM 106-42140
11 loe;
FEB. ~15' 95(WEDI 16:57
TEL:619 421 1830
EASTLAKE
One.. Appl.ieant ha. started to perfonl the work r.quired by the
Contract Docu_ats, Applicant &91:..e to exel:cise I:......,nabl.
diligence in pur..uing ..uch _rk to oOlllpletion within one yeu
after the date of the Contl:act DOCWll8nts. If such work ha. net
b...n completed within one yeu aftel: the date of the Contract
Document., utility ahaU have the right, upon giving written
notiCle to AppliClant, to canClel and tel:1llUlate the Contl:act
DOCUlll8nts. If Utility elects to canoel and tenlinate the Contract
Document., Utility .hall return to Applicant an 8IIlount equal to
the above c...h advance, .inus Utility's co.t... "utility's costs-
ia defined as the actu..l cOllt (inc:luding but Dot J.illlit&d t:o labor,
.atel:ials and OYIIrheadl incu",ud ~ utility prior to such
oancellation and te~ination in connection with work done in
furtherance of Applicant.s pl:oject, plu8 the actual cost of
removing any of the inetalled faeilitie. which Utility de.ire. to
ealvag.., .inua the .alvage value of such facilitiea. In the event
Utility'S costs exce..d the abov.. ca..h advance, Applicant 8gre.... to
pay Utility a 8ulll equal to the 8IIIOunt by which the utiU.ty'. co.te
exc....d th.. advIUlC... Upcn exerci..e of its right to cancel and
t..ndnate and upon payment to Applicant, all of Utility'S
obligations under the Contl:act DOCUlll8nt. ..hall cease.
4. Applicant ahall, upon Utility'a requ..t, execute Utility'.
standard form .a._nts fOI: ths con.tl:Uction, ae"ice, pr..ence,
.aint..nane.. or inapection of Utility'. facil~tie. a. .ay be
required hereunder.
3.
6. In the ..vept. that. any portion 'Of the ",efllndable _unt WId8%' Rule
15.1 ha.. not qua1ift.d for refund at. the end of 12 months eft..r
utilitr 1. fir.t _ady to und..r ..nice froa tbe 1UI&1ervround
axeenll on, Applioant eball pay t:o Utility its owner.hip _et. on
that portion of the refundable advance fOI: which r..fund. hav..
neither been ....de, nor .."" eligibl. to tie Nde. The ownereh1p
costs .hall tie equal to 3/" per .onth of th.. t:otal amount:
advanc..d, 1.... all ~"fund.. ~ad.. or eligible to be mad. to
Applicant. payment of ..uch ownership coats will normally be made
~ deductlon fl:Olll the Applicant'. refundabl.e ..dvence, but such
deduct10n w111 not I:eduoe the amount on which the coat of
ownerahip oharg" i. baaed.
6. In~h.. ev..nt that there i.. a Rule 20.. QJ: 20.C oonversion in
conjunction with thi. proj"ct, Applicant ..hall, at its expen..,
provide any nece.sary change. to the exi.ting facilities eo a.. to
rec..ive undergl:ound el..ctric eel:vice at the pointe specified by
the utility. Underground electric a.rvice will not be .upplied
until all affected premiees are e~ipped to I:eceive .ervice in
acoordanoe with .paoification. and inepeotion has be"n received
from the governing munioipalit:y.
7. NO ",.fund payment: will be made by Utility in exce.s of the
utility's ."timated lnstalled co"t, nor after a period of t.en
ye..".. tor di..tribution tacilitie. and one year for ..ervioe
faei1iti.... from t.h.. dat... llt:ility le fir.t r...d to r..nder .ervice
from the ext..naion. Any uar"funded amount remaining at the end of
the t:en-y..ar period will beCOllMl the property of UtUit.y.
-2-
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l'OJUl 106-42140
11/B5
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FEB,.-15'95(WED) 16:58 EASTLAKE
TEL:619 421 1830
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8.
Applican~ .hall be voverned by utilitr'. applicable Ratee and
~~le. on file with the california PQb ic utilitiee Commi..ion,
whiCh Rate. and R~l.e ue made a part hereof by reference, and a
copy of which will be f~rni.hed to Applicant en reque.t. Thia
Aqreement .hall at all times be .~bject to .~ch change. or
modifications a. .aid COdImi..icn lIay, frclll time to ~I.me, direct in
the exerciee of it. j~riediction.
If Applicant i. a corporation, partner. hip, joint venture Or a
9ro~P of individ~aU, the 8~bacril:ler her.to repre.entll that he has
the authority to bind .aid corporation, partnere, joint venture or
individ~al. ae the ca.. may be.
9.
rhe COntra~t Document. ahall become effective only ~pon the date
eigned by the a~thori~ed repre.entative of Utility.
IN WI1'NIlSS WHEJlEOF, the partiee hueto have ca~.ed thie aqre_nt to be
executed for and on behalf of each, by their duly authorized agent., partnere,
or corporate officere.
10.
APPLICAN'l'.EastLake Development Company SAN DIEGO GAS Co ELBCTtlIC COMli'ANY,
a corporaticll1
By. See Attached Signature Page
By.
A~thori~ed Signature-Utility
1'I'lLli:.
Date.
Date:
Addre...
Social security Number or
Tax I.D.l
Applicant ia a cOrporation.
Yea [J No I )
-3-
?' LJ ,. eJ..,).
FOIlH 106-42140
11/Qc;
F'E~, -15' 95 (WED) 16: 58 EAST LAKE
TEL:619 421 1830
p, 010
By: EASTLAKE DEVELOPMENT COMPANY,
a C&if'ornia general partnerShip
By:
Boswell Properties, Inc.
a general partner
~ "
~. f?'~~-
aul G. Nieto, Vi President
By:
Th~ Tulago Company
a general partner .
-
By:
By:
By:
By:
-':'..::~'
~.-
?13 r..l3
'FE.B,-15'95('IIED) 16:58 EASTLAKE
TEL:619 421 1830
p, Oil
,
. .
work order NO.
COlllp1etion Date
completion Date
Work Order 110.
Work Order NO.
Work Order 110.
ColllPleUon Date
CoaIplet:ion Date
APPBIlDIX A - I-rr
t. Amount Subject to Jlefund After l':l.na1 Aco..pt:ance of Work
J'rCIII ApPOlndix JL $ -0-
I'rClll Appendu: $
J'rOlll Appendix - $
"rDIII Appendix iii
'1'Ota1 iii -0-
It. ~ount Subject oro I'uture lIefund
I'rOlll Appendix JL iii :22.6g4.0Q
~DlII Appendix (I
I'rOlll AppendU: $
J'rom Appendu: $
'1'Otal $ 22..694.QO
$22.&94.00
III. Tatal _nt subject TO J\efund
IV. Total Advance I'rOlll Appendix JL $ 16.981.00
'.~.. ~:.,.
$
S
$
Total $ 16..g91.00
Total Advanoe J\e~ired $16.gS1.00
2"fJ---e2j
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AGREEMENT AND ASSIGNMENT
(Otay Water District)
THIS AGREEMENT AND ASSIGNMENT is by and between EASTLAKE DEVELOPMENT
COMPANY ("Assignor"), the CITY OF CHULA VISTA ("Assignee") and OTAY WATER
DISTRICT ("District"),
WHEREAS, Assignee has initiated proceedings pursuant to the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and Highways Code of
the State of California, for financing the acquisition and/or construction of certain
public improvements, including utility facilities, in an assessment district known and
designated as ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II) (hereinafter
referred to as the "Assessment District"); and,
WHEREAS, Assignor and Assignee have entered into an Acquisition/Financing
Agreement ("Acquisition/Financing Agreement") approved by the legislative body of
Assignee, whereby Assignor has agreed to construct or install certain public
improvements, including utility facilities in the Assessment District and Assignee has
agreed to reimburse Assignor for the costs of such utility facilities pursuant to the
terms and conditions of the Acquisition/Financing Agreement from the proceeds of
bonds issued pursuant to the "Improvement Bond Act of 1915"; and,
WHEREAS, Section 10110 of the Streets and Highways Code of the State of
California specifically provides that before the ordering of any work and/or acquisition
where facilities or improvements will be owned, managed or controlled by any other
public agency or utility, the legislative body of Assignee shall approve and enter into
an agreement with said public agency or utility which will have the ownership,
management and control for said facilities; and,
WHEREAS, the parties hereto enter into this Agreement for acquisition of the utility
facilities, their conveyance and provisions regarding any applicable refundings
pursuant to the provisions of Section 10110 of the Streets and Highways Code of the
State of California.
NOW, THEREFORE, it is hereby mutually agreed between the parties as follows:
SECTION 1. Except as provided in Section 2 hereinbelow, the undersigned does
agree and assign to Assignee, all of the undersigned's rights, title and
interest in and to the contract (the "Contract") identified as follows:
1
~g~eJ.7
SECTION 2. Assignor shall, following the effective date of this Assignment,
retain all duties, liabilities and obligations as set forth in the Contracts.
Assignor shall also retain any and all right to any refunds or payments
from District as provided for under the terms and conditions of the
Contract.
SECTION 3. Assignee's acceptance of these assignments is contingent upon
the successful formation of the Assessment District, and this Agreement
and Assignment shall become effective after proceedings have been
taken and "funds are available as necessary to carry out the terms
thereof, and this Agreement and Assignment has been entered into
before the ordering by Assignee of the work and/or acquisition for this
Assessment District.
SECTION 4. Assignor and Assignee agree that Assignor's right to the
reimbursement for the costs of construction and installation of the utility
facilities subject to this Agreement and Assignment shall be governed by
the terms and conditions of the Acquisition/Financing Agreement.
DATED:
EASTLAKE DEVELOPMENT COMPANY
By:
Title:
The undersigned, the Assignee above referred to, hereby accepts this Assignment
subject to all its terms and conditions.
DATED:
CITY OF CHULA VISTA, CALIFORNIA
By:
Title: City Manager
2
JJf] ~ g/
APPROVED AS TO FORM:
BY:
BRUCE M. BOOGARD
CITY ATTORNEY
BY
TITLE:
We consent to the foregoing Assignment. without such consent being a novation.
DATED:
OT A Y WATER DISTRICT
By:
Title:
3
8'[1-.21
RESOLUTION NO.
/78"?t
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN
ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has, by
Resolution, declared its intention to order the acquisition of certain public works of improvement,
pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division
12 of the Streets and Highways Code of the State of California, in a special assessment district
known and designated as ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II)
(hereinafter referred to as the "Assessment Districf'); and,
WHEREAS, certain owners of property liable to be assessed for improvements to be
acquired have filed written protests or objections and delivered the same to the City Clerk not
later than the hour set for hearing such objections; and
WHEREAS, at the time set for said Public Hearing, all protests and objections were duly
heard and considered, and all matters as to the method and formula of the assessment spread
and the determination as to whether or not the property did receive a benefit and whether the
assessments were apportioned in accordance to benefit were heard and considered.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the above recitals are all true and correct.
2. That the public hearing on the Assessment District is hereby closed.
3. That all protests and objections of every kind and nature be, and the same hereby are,
overruled and denied, and it is further determined that said protests and objections are made by
the owners of less than one-half (1/2) of the area of property to be assessed for said
improvements within said Assessment District.
4. That is hereby further determined that all properties within the boundaries of the
Assessment District receive a local and direct benefit from the works of improvement to be
acquiqred as proposed for said Assessment District, and it is hereby further determined and
declared that all assessable costs and expenses have been apportioned and spread over the
properties within the boundaries of the Assessment District in direct proportion to the benefits
received thereby.
5. That the Engineer's method of spread and apportionment of all costs is hereby approved
and adopted as being a correct and proper apportionment and distribution of all assessable costs
for these works of improvement.
Presented by
das~f
Bruce M. Boogaard
City Attorney
by
~
John P. Lippitt
Public Works Director
8"c-/
Resolution No.
Page Two
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this _ day of ,1995, by the following vote:
AYES:
Council members:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ABSTAIN:
Councilmembers:
Shirley A. Horton, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 55.
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. was duly passed, approved, and adopted by the City Council
of the City of Chula Vista, California at a regular meeting held on the _ day of
1995.
Executed this _ day of
,1995.
Beverly A. Authelet, City Clerk
'f5 c - ,,2.,
RESOLUTION NO.
/'78'77
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE,
TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S
"REPORT" IN ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has
previously adopted its Resolution of Intention and initiated proceedings for the acquisition of
certain public works of improvement, together with appurtenances and appurtenant work,
including acquisition where appropriate, in a special assessment district pursuant to the terms and
provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California, said special assessment district known and designated
as ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II) (hereinafter referred to as the
"Assessment District"); and,
WHEREAS, pursuant to the provisions of said "Municipal Improvement Act of 1913" and
Part 7.5 of Division 4 of the Streets and Highways Code, a "Report" (hereinafter referred to as
the "Report"), as authorized, has been provided, presented, considered and approved by this
legislative body; and,
WHEREAS, said "Report", as preliminarily approved, contained all the matters and items
called for by law and as pursuant to the provisions of the "Municipal Improvement Act of 1913"
including the following:
1. Plans and specifications of the proposed improvements;
2. Estimate of cost;
3. Diagram of Assessment District;
4. An assessment according to benefits; and
5. A description of the works of improvement.
WHEREAS, all protests have been heard and considered, and a full hearing has been
given, all in the manner provided by law; and,
WHEREAS, notices of said hearing were duly and regularly posted, mailed and published
in the time, form and manner required by law and as evidenced by affidavits on file with the
transcript of these proceedings; and,
WHEREAS, the owners of one-half (1/2) of the area assessed for the cost of the project
did not file written protests against the said proposed improvements and acquisition where
appropriate, and this legislative body did, after providing a full hearing, overrule and deny all
protests and objections; and,
WHEREAS, this legislative body is now satisfied with the assessment and all matters
contained in the "Report" as now updated and submitted; and,
WHEREAS, the City and EastLake Development Corporation did previously enter into an
Acquisition/Financing Agreement dated as of May 10, 1994 (the "Acquisition/Financing
Agreement") to establish the terms and conditions pursuant to which the works of improvment are
to be acquired by the City; and
g-p -I
Resolution No.
Page Two
WHEREAS, there has been presented to this legislative body for its consideration the form
of a proposed amen dement to the Acquisition/Financing Agreement.
NOW, THEREFORE, BE IT RESOLVED AS FOllOWS:
RECITALS
1. That the above recitals are all true and correct.
PROTESTS
2. That all protests and objections of every kind and nature be, and the same hereby are,
overruled and denied, and it is further determined that said protests and objections are made by
the owners of less than one-half of the area of property to be assessed for said improvements
within said Assessment District.
BENEFITS RECEIVED
3. That it is hereby determined that all properties within the boundaries of the Assessment
District receive a local and direct benefit from the works of improvement as proposed for said
Assessment District, and it is hereby further determined and declared that all assessable costs
and expenses have been apportioned and spread over the properties within the boundaries of
the Assessment District in direct proportion to the benefits received thereby.
PUBLIC INTEREST AND CONVENIENCE
4. That the public interest and convenience require the proposed improvements to be
acquired, and therefore it is hereby ordered that the work to be done and improvements to be
made, together with appurtenances and appurtenant work in connection therewith, including
acquisition where appropriate, in said Assessment District, as set forth in the Resolution of
Intention previously adopted and as set forth in the "Report" presented and considered, and as
now submitted.
ENGINEER'S "REPORT"
5. That the "Report" of the Engineer, as now submitted, updated and amended as
appropriate, is hereby approved and said "Report" shall stand as the "Report" for all future
proceedings for this Assessment District.
CONFIRMATION OF ASSESSMENT
6. That the assessments, as now filed in the Engineer's "Report", and diagram for the
improvements, together with appurtenances and appurtenant work in connection therewith,
including acquisition where appropriate, are hereby confirmed.
7])-.2.
.
Resolution No.
Page Three
The assessments contained in the final Engineer's "Report" are hereby levied and
approved as follows:
A. The final assessments to represent the costs and expenses to finance the acquisition
of the public works of improvement, as authorized for these proceedings.
B. The annual assessment to pay for administrative costs in an amount not to exceed the
maximum annual assessment as set forth in said "Report".
The confinned annual administrative assessment may be collected in the same
manner and in the same installments as the confirmed assessments for the facilities, and may
be combined with those assessments for collection as convenient.
RECORDATION OF ASSESSMENT
7. That the City Clerk shall forthwith deliver to the Superintendent of Streets the said
assessment, together with the diagram attached thereto and made a part thereof, as confinned,
with his certificate of such confinnation attached and the date thereof; and that said
Superintendent of Streets shall then immediately record said diagram and assessment in his
Office in a suitable book to be kept for that purpose and attach thereto his certificate of the date
of such recording.
COUNTY RECORDER NOTICE
8. Upon confinnation of the assessments and recordation of the assessment roll and
diagram, a certified copy of the assessment diagram shall be immediately filed in the Office of
the County Recorder. Immediately thereafter, a copy of the notice of assessment shall be
recorded in the Office of the County Recorder in the manner and fonn as set forth by law and
specifically Section 3114 of the Streets and Highways Code of the State of California.
MAILED NOTICE
9. That upon recordation of the diagram and assessment, a notice shall be mailed to each
owner of real property within the Assessment District at his last known address, as said address
appears on the last equalized tax rolls of the County, said notice to set forth a statement
containing a designation of the property assessed, as well as the amount of the final confinned
assessment, and further indicating that bonds will be issued pursuant to the "Improvement Bond
Act of 1915".
PUBLICATION
10. That notice shall also be given by publication in the designated legal newspaper, said
notice setting forth the amount of the final assessment and indicating that said assessment is now
due and payable, and further indicating that if said assessment is not paid within the allowed thirty
(30) day cash collection period, bonds shall be issued as authorized by law.
~])-3
Resolution No.
Page Four
No publication shall be required if all (100%) of the assessed property owners have
timely filed a properly executed waiver of the cash collection period.
ASSESSMENT COLLECTION
11. The County Auditor is hereby authorized and directed, in accordance with the
provisions of Section 8682 of the Streets and Highways Code of the State of California, to enter
into his assessment roll on which property taxes will next become due, opposite each lot or parcel
of land affected, in a space marked "public improvement assessment" or by other suitable
designation, the next and several installments of such assessment coming due during the ensuing
fiscal year covered by the assessment roll and that said entry then shall be made each year
during the life of the bonds for the proceedings for the above-referenced Assessment District. This
authorization is continual until all assessment obligations have been discharged and the bonds
terminated.
As an alternate, and when determined to be in the best interests for bondholders of the
Assessment District, this legislative body may, by Resolution, designate an official other than the
County Tax Collector and/or other agent, to collect and maintain records of the collection of the
assessments, including a procedure other than the normal property tax collection procedure.
12. In accordance with the provisions of Section 8685 of the Streets and Highways Code,
if any lot or parcel of land affected by any assessment is not separately assessed on the tax roll
so that the installment of the assessment to be collected can be conveniently entered thereon,
then the Auditor shall enter on the roll a description of the lot or parcel affected, with the name
of the owners, if known, but otherwise the owners may be described as "unknown owners", and
extend the proper installment opposite the same.
ASSESSMENT VERIFICATION STATEMENT
13. The County Auditor shall, within 90 days after any special assessment installment
becomes delinquent, render and submit a detailed report showing the amounts of the installments,
interest, penalties and percentages so collected, for the preceding term and installment date, and
from what property collected, and further identify any properties which are delinquent and the
amount and length of time for said delinquency, and further set forth a statement of percentages
retained for the expenses of making such collections. This request is specifically made to the
authorization of Section 8683 of the Streets and Highways Code of the State of California.
ASSESSMENT DISTRICT FUNDS
14. That the Treasurer is hereby authorized at this time, if not previously done, to establish
the following funds as necessary for the payment of costs and expenses and administration of
the proceedings for this Assessment District:
A.IMPROVEMENT FUND: All monies received from cash collection, proceeds from
the sale of bonds and applicable contributions shall be placed into the Improvement Fund.
~p-~
.
Resolution No.
Page Five
B. RESERVE FUND: All monies as designated to assist in the payment of
delinquencies shall be placed into the Reserve Fund.
C. REDEMPTION FUND: All monies received from the payment of assessments shall
be placed in the Redemption Fund.
For particulars as to the administration and handling of the Funds, the specific terms
and conditions shall be set forth in the Bond Indenture and approved through the Resolution
Authorizing the Issuance of Bonds.
AMENDMENT TO ACQUISITION AGREEMENT
15. That the form of the Amendment to the Acquisition/Financing Agreement, herewith
submitted, is hereby approved substantially in the formed submitted. The Mayor is hereby
authorized to execute the final form of such amendment on behalf of the City. The City Manager,
subject to the review of the City Attorney and Bond Counsel, is authorized to approve changes
in such amendment deemed to be in the best interests of the City, approval of any such changes
to be evidenced by the execution of such amendment. A copy of the final form of such
amendment shall be kept on file in the office of the City Clerk and remain available for public
inspection.
Presented by
as to
A
by
J
John P. Uppitt
Public Works Director
Bruce M. Boogaar
City Attorney
g'P~5
Resolution No.
Page Six
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this day of , 1995. by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ABSTAIN:
Councilmembers:
Shirley A. Horton, 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 No. was duly passed, approved, and adopted by the City Council
of the City of Chula Vista, California at a regular meeting held on the _ day of
1995.
Executed this _ day of
,1995.
Beverly A. Authelet, City Clerk
S']) -i-
AMENDMENT TO ACQUISITION/FINANCING AGREEMENT
THIS AMENDMENT TO ACQUISITION/FINANCING AGREEMENT (the
wAmendmentWI is made and entered into this day of , 1995
by and between the CITY OF CHULA VISTA, a charter city organized and validly
existing under the Constitution and the laws of the State of California (the wCitywl and
EASTLAKE DEVELOPMENT COMPANY (WDeveloperwl to amend that certain
Acquisition/Financing Agreement dated as of May 10, 1994 by and between the City
and the Developer (the WAcquisition/Financing AgreementWI.
WHEREAS, the City'is undertaking proceedings to consider the formation of a special
assessment district under the terms and conditions of the 1913 Act for the acquisition
of certain public improvements, together with appurtenances and appurtenant work
within the jurisdictional limits of the City, such special assessment district known and
designated as ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS III; and
WHEREAS, the City and the Developer entered into the Agreement to establish the
terms and conditions pursuant to which the City would acquire the Improvements; and
WHEREAS, the City and the Developer desire to amend the Agreement to conform to
the City's procedure for the review and payment of the Purchase Price for the
Improvements.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as
follows:
SECTION 1. Recitals. That the above recitals are true and correct.
SECTION 2. Amendment to Aareement. Section S(cl of the Agreement is hereby
amended to read as follows:
(cl Review of Pavment Reauest. The City Engineer shall review
each payment request. If the City Engineer finds that any such
payment request is incomplete, improper or otherwise not suitable
for approval, the City Engineer shall inform the Developer in
writing within twenty (201 working days after receipt thereof, the
reasons for his finding. Developer shall have the right to respond
to this finding by submitting further documentation and/or to
resubmit the payment request within thirty (301 days after receipt
of the denial. A resubmittal shall be deemed a new payment
request for purposes of this Section. The City Engineer shall
review any such further documentation or any such resubmitted
payment request and inform the Developer of his or her approval
or denial thereof in accordance with this Section within ten (101
1
?l)- ?
working days after receipt of the resubmission. Costs incurred
under a construction contract entered pursuant to the
requirements of this Agreement and pursuant to change orders
approved by the City shall be deemed to be reasonable. The City
Engineer shall, after the sale of the Bonds (defined hereafter)
pursuant to Section 18, the proceeds of which are intended to be
used to acquire the Improvements within the phase of the
Improvements as shown on Exhibit C in which such Improvement
subject to payment is included and upon his or her approval of a
payment request, immediately forward a request to the Finance
Director of the City notifying the Finance Director of his or her
approval of the payment request and requesting that such
payment be made to the appropriate payee. The Finance Director
shall process any such request of the City Engineer pursuant to
the procedures of the Finance Department and shall make or
authorized such payment pursuant to such procedures.
SECTION 3. Other Terms and Conditions of the Aareement. Except as expressly
provided for in this Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect.
SECTION 4. Counteroarts. This Amendment may be executed in counterparts,each
of which shall be deemed an original.
EXECUTED by and between the parties hereto on the day and year first hereinabove
written.
.CITY.
CITY OF CHULA VISTA
ATTEST:
MAYOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
APPROVED AS TO FORM:
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
BRUCE BOOGAARD, CITY ATTORNEY
CITY OF CHULA VISTA, BY
TITLE:
2
~]),g/
COUNCIL AGENDA STATEMENT
Item----2-
Meeting Date 4/25/95
ITEM TITLE:
Public hearing on the "Improving Broadway from Naples Street to Anita Street"
project.
Resolution J 7 %' 7 IS' Approving the retention of medians, the installation
of landscaping within those medians and directing staff to complete the design and
final plans for the "Improvement of Broadway from Naples Street to Anita Street
Project"
SUBMITTED BY: Director of Public wor~
REVIEWED 'V, C"y--JG! i@ ('''""Vore, V~_NoX)
On November 7, 1972, Council passed Resolution No. 6655 adopting Council Policy 576-12. This
policy requires that a public hearing be held prior to any widening of travelways within the City.
Additionally, in response to the business community concerns regarding medians, Council has directed
staff to bring back the medians issue in advance of any design work. The FY 1994-95 Capital
Improvement Program (CIP) budget includes funding for design of the reconstruction of Broadway from
Naples Street to Anita Street (STI43). The project includes the renovation of the existing medians
where necessary and the widening of Broadway at Palomar Street to accommodate dual left turn lanes.
This public hearing addresses the section of Broadway from Naples Street to Anita Street.
RECOMMENDATION: It is recommended that Council:
1. Hold a public hearing on the "Improving of Broadway from Naples Street to Anita Street"
project.
2. Approve the retention of the medians, the installation of landscaping within those medians, and
direct staff to complete the design and fInal plans for the project.
BOARDS/COMMISSIONS RECOMMENDATION: On April 13, 1995, the Safety Commission
reviewed the proposed reconstruction project. The Safety Commission voted 6-0-1 with Commissioner
Bierd absent to recommend retaining the existing medians. Attached as Exhibit" A" is a copy of the
Safety Commission minutes (excerpt).
DISCUSSION:
On October 17,1989, Council by Resolution No. 15349 approved the basic street standards for various
streets shown on the Circulation Element of the General Plan. Broadway is classifIed as a four-lane
major roadway on the circulation plan. In previous fIscal years, Council has approved the widening
of Broadway both to the north and south of this project's limits to meet these City standards.
SpecifIcally, Broadway was recently widened from "F" Street to "I" Street and reconstructed from "L"
Street to Naples Street last fIscal year. The portion between "I" Street and "L" Street is now under
construction and is expected to be completed this year.
9-/
Page 2, Item 9
Meeting Date 4/25/95
A notification letter was sent on March 2 to all 250 owners and tenants affected by this project to attend
a Public Information Meeting. Also notified were the Broadway Business Association and the Chula
Vista Chamber of Commerce. This meeting was held on Thursday, March 23, 1995, with about 20
property owners and tenants potentially impacted by this reconstruction project in attendance. During
the meeting the merchants voiced concern about the impact the construction activities will have on their
businesses and provided suggestions as to how these impacts could be diminished. The Broadway
Business Association and most in attendance were in opposition to maintaining the median islands. In
general, however, all attendees were supportive of the reconstruction project. Their major
comments/recommendations are discussed below and are summarized on Exhibit "B", attached. Prior
to our March 2 meeting, staff met with the Broadway Business Association on February 23, 1995 to
give the members an update on the planning of the project.
The general scope of the project is to reconstruct the travelway in this portion of Broadway in order
to replace deteriorated asphalt pavements and to install missing improvements and sidewalks. In
addition, the east side of Broadway immediately south of Palomar Street will be widened to allow for
double left turn lanes to north-bound traffic. The construction of missing improvements and the
widening to provide the two way left turn lane should make this section of Broadway both safer and
more beneficial to the adjacent businesses. Most of the existing curb, gutter and sidewalk on both sides
of Broadway will remain in place. New construction is proposed only where needed such as missing
improvements, deteriorated and cracked slabs and sub-standard improvements not meeting the American
with Disabilities Act (ADA). Some existing improvements such as drainage system, pavement, traffic
signals and certain driveways will be removed and replaced to meet our current standards. A two (2)
feet in width strip of right-of-way will be required to allow for the needed widening at the southeast
corner of Broadway and Palomar Street. No other right-of-way will be required for the project with
the exception of minor property acquisition on some corner lots necessary to construct new curb returns.
Existin~ Raised Medians
The City Council at its meeting of February 2, 1990 provided staff with general policy direction
concerning construction of street improvements along the Broadway corridor including construction of
raised median islands. At this meeting, Council accepted the following recommendation based on staffs
report and input by the Chamber of Commerce:
1. The street to be widened as necessary.
2. Existing medians to be maintained and new medians would be permitted only at major
intersection.
3. All landscaping shall be low growing shrubs which do not block signage.
Subsequently, during the design of the Broadway project between F Street and I Street, concerns
brought forward by the business community caused the Council to direct that staff bring forward for
review all further proposals for Broadway which include raised medians.
Also, on February 22, 1994, while considering the adoption of the seven year TransNet Local Street
and Road Program for the FY 1995-2001 period, Council directed staff to return to them to consider
the retention of the medians in this portion of Broadway. Attached as Exhibit C is the Council Agenda
Statement and minutes for the February 2, 1990 Council meeting and the minutes of the February 22,
1994 Council meeting.
9 ; .)...
Page 3, ItemL
Meeting Date 4/25/95
Between Naples Street and Main Street, Broadway has existing full median islands. Median islands to
the north and south of the project are currently fully landscaped, however, the existing median islands
within this project limit are currently paved with asphalt concrete. (See Exhibit "D" showing existing
improvements). In response to public input and in preparation for tonight's Council meeting, staff
reviewed three different options that Council may evaluate in its decision to improve/remove the existing
medians:
Alternate I. Maintain existing median curbs with one minor change in configuration and construct
hardscape and landscape in place of the asphalt paved islands. (See Exhibit "E")
Alternate 2. Completely remove and replace existing medians with new landscaped islands. (See
Exhibit "F").
Alternate 3. Eliminate most of the existing medians and construct a paved, stripped two-way left turn
lane with median islands constructed only at the intersections due to overriding safety
concerns. (See Exhibit "G").
These alternatives were evaluated utilizing a matrix containing the following factors: Cost of median
area work, Safety Commission recommendation, merchant's preference, continuity with adjacent
Broadway segments, aesthetics, existing pattern of traffic, meeting our standards, accident level, design
capacity and ease of construction. This decision making matrix is attached as Exhibit "H". In
evaluating factors impacting the existing medians, staff considered the fact that these medians have been
in existence in the area for more than twenty years. Therefore, ingress and egress traffic patterns to
business are well established in this area of Broadway. Also, new median islands do currently exist to
the north and south of this project. With regard to traffic safety, there is strong evidence, on local and
regional level, that high volume business streets, such as Broadway, experience less mid-block accidents
where raised medians exist than similar streets without medians. To illustrate this point, staff prepared
a report on accident rates on Broadway as they relate to the various traffic conditions existing between
C Street and Main Street for a twelve month period from January I - December 31, 1994. This report
is included as part of Exhibit A. Based on this evaluation process, staff is recommending that alternate
1 be adopted for this section of Broadway. Per this alternative, we would retain the existing median
and maintain the existing concrete curbs while replacing asphalt paving within the islands with attractive
stamped concrete hardscape and landscaped pockets. The decision making matrix summarizes the
advantages/disadvantages of each alternative. By Resolution No. 12030, the City Council adopted the
median landscaping policy No. 576-08 revised on May 22, 1985. The subject policy established various
median design standards. The staff proposal conforms to all these standards including 65 percent
hardscape to 35 percent landscape of the entire median surface area.
Public HearilllZ Requirement
Council had directed, during several previous actions, that medians be brought forward for consideration
prior to the construction of the new improvements on Broadway. To prepare for tonight's public
hearing, staff met with the area owners and tenants on March 23, 1995 and with contractors of previous
segments of Broadway on March 8, 1995. The purpose of these meetings was to obtain input from the
affected merchants and feedback from contractors in the design and subsequent construction of the
proposed project. Through this communication process, we have obtained suggestions which will
diminish the impacts associated with construction activities of this magnitude and nature.
1~.J
Page 4, Item~
Meeting Date 4/25/95
Since the March 23 meeting, we have worked to address each of the merchant's major
comments/recommendations. The majority of these comments/recommendations have been found to
be appropriate and will be implemented.
Specific measures which we plan to implement as a result of this consultation process include:
. Do one side of street first and only JA mile at a time - the contractor would be
required to complete the improvements on one side within the JA mile before
moving to the next section
. After removal of the existing curb, gutter and sidewalk the new improvements must be
installed within 10 working days
. Construction of all curbs, gutters and sidewalks to be completed before
demolishing and removing pavement
. Use high early strength cement for driveway construction
. Provide .Open for Business. signs for each business
. Prohibit work from November 1995 to January 1996
. Have contractor work 10 hour days
. keep full-time inspector(s) on the job
. Equip the inspector(s) with a pager - provide the pager number(s) to the
merchants
. Inspector(s) to personally contact each merchant prior to actual work
commencement adjacent to the shop
. Keep on-street parking as long as practicable
. Minimize depth of structural section
. Maintain all driveways signed and open
. Maintain access to bus stops at all times
. Meet weekly with merchants and/or the Broadway Business Association during
construction
. Start north end of project and work south
. Advertise shops are open for business during construction period
Measures considered, but not recommended:
. Do work durin~ the ni~ht onlv
Implementation of this suggestion will increase the construction cost of this project
significantly. In addition, the noise generated by construction activities would disrupt
the tenants of the apartments located on the east side of Broadway between Oxford Street
and Palomar Street.
. Relocate/redesi~n curb o!,eninl!: south of Palomar Street
An opening in the median south of Palomar Street was suggested to facilitate left turn
movements by large vehicles into a business in this area. This suggestion was considered
at the Safety Commission meeting and was rejected because it is contrary to the
Commission's goals of reducing mid-block intersections as much as possible (Exhibit A).
9~f
Page 5, Item '1
Meeting Date 4/25/95
Based on our meeting with the merchants, it is staffs opinion that, in general, they are supportive of
the project. One of the major reasons for their support is that they are able to compare the existing
condition of this reach of Broadway with the two improved portions to the north and south. Other
general reasons include the fact that the existing pavement is deteriorated and requires reconstruction
and the street is currently carrying high traffic volumes. Nevertheless, several merchants and Broadway
Business Association favored the elimination of the existing medians in order to give more direct and
immediate mid-block left turn access to their businesses.
Construction Schedulinl!
Based on the comments received from the merchants and the experiences gained from the previous
projects, we propose to begin the street widening work in January 1996.
Once commenced, the contractor will be allowed to progress 'A mile ahead of new improvements and
will have up to 2QQ working days to complete the project. The merchants we met with understand that
this schedule will impact their sales; but that it is proposed with their overall interest in mind while
accommodating the City's bidding/funding constraints. Minor disruption due to construction activities
is expected for this reach of Broadway, because no street widening will be necessary, except at the
southeast corner of Broadway and Palomar Street (to provide an additional left-turn lane for northbound
Broadway to westbound Palomar Street motorists). In addition, utilities are already undergrounded and
only minor relocation work is expected from utilities rather than a major undergrounding efforts as was
the case in the previous segments of Broadway. The Sweetwater Authority will replace its water main
along this project's limits prior to commencement of our work. We are currently working with
Sweetwater Authority staff to coordinate both projects and assure that disruption to businesses is kept
to a minimum.
Pronerty Access During Construction
Perhaps the major concern expressed by the merchants was that of property access during construction.
Several options were discussed and are proposed by staff. They are:
. Use early strength cement - allowing driveways to be open within 72 hours to
vehicular traffic as opposed to one week
. Place driveways 'h at a time - keeping access to the property open at all times
. Properties with more than one driveway will keep at least one open driveway at
all times
. Install 4 ft. x 4 ft. wooden signs adjacent to each business advertising shop is
open to business and/or clarifying access points
. Keep close contact with merchants to plan work schedules which accommodate
their merchandise delivery periods
. Wherever possible, provide alternate access point
. Set limits on number of hours contractor can block/disrupt access to the property
. Only limited number of driveways will be reconstructed
Staff Recommendation
It is staffs recommendation that Council direct that we proceed with the completion of the plans and
specifications to reconstruct Broadway from Naples Street to Anita Street while retaining medians with
one minor change in configuration and constructing landscape in place of the asphalt paved islands.
9--5
Page 6, Item 9
Meeting Date 4/25/95
Staff has been receptive to the merchant's concerns regarding disruption to their businesses during the
construction activities. We propose to prepare a "tight" set of specifications which include measures
that diminish this adverse impact. In addition, we propose a construction schedule, which is designed
to minimize the construction period while eliminating disruptive activities during the merchant's busiest
period of the year. Staff will maintain close, daily communications with the area merchants and act
proactively to diminish the daily inconveniences attributable to construction activities. The inspector
will contact each merchant prior to commencement of work activities immediately adjacent to his/her
shop and provide the merchant his pager number in case they need to discuss the work activity with
him. All the concerns expressed by the merchants at our March 23 meeting will be addressed on the
contract specifications.
Conclusion
The purpose of the proposed Improvement of Broadway between Naples Street and Anita Street is to
provide a travelway that accommodates existing and projected traffic volumes. Widening of Broadway
to the north and south of this project's reach has been completed previously.
The concerns raised by the merchants impacted by the construction activities are listed above and all
will be addressed in the contract's plans and specifications. Staff believes that the concerns expressed
by the merchants at the March 23 meeting are valid. The project as proposed, incorporates all the
measures the merchant's suggested and collectively will diminish these adverse impacts. Staff has
endeavored to balance the merchant's concerns/desires with the physical construction requirements
which will enable the City's contractor to complete the project in the shortest time while maintaining
a safe environment for all (construction workers, merchants and traveling public). All property owners
and tenants impacted by this project have been notified of the public hearing.
FISCAL IMPACT:
$230,500 has been appropriated for the design of this project. The FY 95/96 proposed CIP includes
a recommendation to appropriate $2,108,000 in TransNet funds for the construction (contract,
inspection, and contingencies) of the project. This project and its funding is part of the RTlP program
approved by Council on February 22, 1994 by Resolution 17396. The actual appropriation of
construction funds is contingent on Council's adoption of the FY 95/96 CIP. The annual landscape
maintenance cost for the entire length of this project is estimated to be approximately $6,000.
SAlFi1e No.: ST-143-6
M:\home\eogineer\agenda\sU43ph.a13
Exhibit ft A ft, Safety Commission minutes. ... ~ ~~ J ()
Exhibit ftB", Public comments/recommendations. ~.. ~c.c.--.-c..A.J.I.
Exhibit "e", Council previous directions on medians along Broadway Minutes & Agenda Statements
Exhibit liD", plat showing existing conditions
Exhibit "E",:plat showing alternative 1.
Exhibit "F". plat showing alternative 2.
Exhibit "G" ,:plat showing alternative 3.
Exhibit "Hft. Decision making matrix.
9,-?
RESOLUTION NO.
/7r?~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE RETENTION OF
MEDIANS, THE INSTALLATION OF LANDSCAPING
WITHIN THOSE MEDIANS AND DIRECTING STAFF TO
COMPLETE THE DESIGN AND FINAL PLANS FOR THE
"IMPROVEMENT OF BROADWAY FROM NAPLES STREET TO
ANITA STREET PROJECT"
WHEREAS, on November 7, 1972, Council passed Resolution
No. 6655 adopting council Policy 576-12 which policy requires that
a public hearing be held prior to any widening of travelways within
the City; and
WHEREAS, in response to the business community concerns
regarding medians, Council has directed staff to bring back the
medians issue in advance of any design work; and
WHEREAS, the FY 1994-95 Capital Improvement Program (CIP)
budget includes funding for design of the reconstruction of
Broadway from Naples Street to Anita Street; and
WHEREAS, the project includes the renovation of existing
medians where necessary and the widening of Broadway at Palomar
street to accommodate dual left turn lanes; and
WHEREAS, Council conducted a public hearing on April 25,
1995 to consider improving Broadway from Naples Street to Anita
Street.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve the retention of medians,
the installation of landscaping within those medians and directing
staff to complete the design and final plans for the "Improvement
of Broadway from Naples Street to Anita Street proje "
Presented by
Ap r V"I ':JJ
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
C:\rs\ledians.nap
9-? /9-22
.
.
.
Exhibit" A"
~iI=1
Safety Commission Minutes
April 13, 1995
Page 2
8. REPORT on Broadway Improvements - Naples Street to Anita Street
Frank Rivera introduced Alex AI-Agha, Civil Engineer, and project engineer for the Broadway project. He then
presented staff's report.
Alex AI-Agha explained the general scope of the project. The section of street being reviewed was the fourth
phase of Broadway improvements. Broadway had already been improved from F Street to Naples Street. The
northern half of Broadway had medians at intersections only. South of l Street, there were existing full medians.
The primary scope of Broadway improvements from Naples Street to Anita Street was to replace deteriorated
pavement. The project was already wide enough, and did not need to be widened. There were missing sidewalk,
and curb and gutter improvements. The southeast corner of Broadway and Palomar Street was the only area that
needed to be widened by about 5 feet to accommodate turn lanes. The pavement would be replaced from
Oxford Street south to Anita Street. From Naples to Oxford, the pavement would remain the same. It was
proposed that the medians be retained for several reasons including safety and cost. landscaping was proposed
for the medians.
Commissioner Cochrane asked about breaks in some of the medians where there were no streets and asked if it
was to make U-turns. If it was for U-turns, he viewed it as a safety hazard with vehicles attempting to make U-
turns mid block.
Frank Rivera responded that the median openings had been in place since the portion of Broadway was under
County jurisdiction. The businesses were used to access at the particular openings in the medians. There were
driveways located at the openings in the median.
Hal Rosenberg said there was only one break mid block and the traffic was channeled. There had not been a
safety issue involved with the openings.
Alex AI-Agha said there was only one median that was being revised. The median directly south of Palomar
would be closed where there was currently an opening. The closure was being made in order to allow for dual
left turn lanes at Palomar Street.
Frank Rivera said on the east side of Palomar there was a shopping center with two driveways close together and
there had been problems with cars entering and exiling with the median opening. The area was confusing to
motorists. The dual left turn lanes were needed at Palomar and that was why the opening was being closed and
the median re-designed.
Chair Thomas asked for clarification of why the item was before the Commission since it was being proposed that
the median pattern remain the same. He also wanted to know the cost of the project.
~
Hal Rosenberg indicated that it was a C1P project. The primary reason for the project was that the pavement was
badly deteriorated and needed to be replaced. In the process, business owners had brought up the fact that they
wciuld like to see the medians removed. However, traffic engineering staff wanted the medians retained. The
medians would be concrete and landscaped, rather than asphalt.
Alex AI-Agha indicated the total project cost was $2.3 million. Most of the cost would be replacement of the
pavement. There were also several areas which did not have improvements and the sidewalk, curb, and gutters
needed to be installed. All traffic signals were scheduled to be upgraded. If medians were removed, additional
pavement would be needed to cover the area.
Frank Rivera said if the medians were removed, the project would have to be redesigned in order to fill the area
where medians were located and thus would increase the cost of the project.
UNOFFICIAL MINUTES
9-9
~
Safety Commission Minutes
April 13, 1995
Page 3
""""
Dave Barrett, 1404 Broadway, Chula Vista, CA 91911, said his property was immediately south of the SDG&E
easement. The elimination of the break in the median in front of his property was of concern. He objected to
the closure of the turn pocket indicating that it would impact his business. He liked to idea of beautification of
the medians. The elimination of the turn area would have an impact on traffic. He suggested another opening
before Palomar Street, so that people would not have to go through the busy intersection. There were buses that
used the turn area and he could not image them making a U-turn at Broadway and Palomar Street.
Vice-Chair Smith asked what was being constructed at the southwest corner of Broadway and Palomar Street.
Frank Rivera reported that the Palomar Trolley Center Shopping Center was expanding eastward. He had the
plans, but there were no specific tenants designated as yet.
Commissioner Cochrane asked about the turn radius for the U-turn movement at Palomar Street and Broadway.
Frank Rivera said there would be a 40' radius from the left turn lane for U-turns. It would accommodate all cars,
but not buses.
Commission Liken reiterated that the goal of the Commission was to review the safety of items, not the economic
constraints it would have on business. He said the Commission had been trying to reduce micl-block intersections
as much as possible and the project would accomplish that.
MSC (Liken/Cochrane) to recommend to the City Council to retain the existing raised landscaped medians on
Broadway between Naples and Anita Streets. Approved 6-0-1 with Commissioner Bierd absent.
-..
9. REPORT Affirming Trial Traffic Regulation - All Way Stop at Corral CanyonlPort RenwickfThornton Road
Frank Rivera presented staff's report.
MSC (Smith/Miller) to recommend that the City Council pass a resolulion affirming the Trial Traffic Regulation
and make the all-way stop permanent. Approved 4-0-0-2 with Commissioners Liken and Cochrane abstaining
due to conflict of interest with their resident locations.
10. Oral Communications - None
STAFF REPORTS
11. En2ineerin2 CIP Proiect Schedule - Distributed for Commissioner information.
12. Information Item - Safety Commission Granting Additional Authority
13. Traffic Accident SummarY for lanuarv 1995 - Distributed for Commissioner information.
OTHER BUSINESS
14. Commillinner Commenh
UNOFF\C\Al. M\NUTES
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9-10
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Exhibit" A"
Page +3
March 17, 1995
File # : ST-143
TO:
. Cliff Swanson, Deputy Director of Public Works/City Engineer
Harold Rosenberg, Traffic Enginee~
Frank Rivera, Associate Traffic Enginee;;j;;!l,r f):K..
Reported Accidents on Broadway as They Relate to the Various Traffic
Conditions Existing Between "C" Street and Main Street for the Year (12
Months) from 1/1/94 to 12/31/94.
VIA:
FROM:
SUBJECT:
The purpose of this memo is to bring you up to date on traffic conditions on Broadway .ince
the recently completed improvement projects have been in use. During the pIanning process
for Phase I improvements between Of" Street and "I" Street a .im;I., report was produced to
aid in the evaluation of the beneficial impact adding raised median islands \'I two-way turn
lanes vs lingle centerline striping. For the purpose of accompliohillg this objective, 'We have
compared current accident rates to previous accident rate, as 'Well as comparing our rates to the
statewide average for roadways of a .imilar lllture. There are ~ (3) distinctly different
conditions on Broadway, and we have done studies on each of these cOnditions individually.
The three conditions are described in the following brief summary, and then detailed condition
by condition, in the calculations and comparisons and are included u-...hments to this
memo.
CONDmON A: DOUBLE YELLOW CENTER I .INF. STRIPE
CondidoD A is that portion of Broadway which has four (4) 1anes of traffic, two (2) in each
of the northbound and southbound directions, divided only by a double yellow centerline stripe.
This condition currently exists between "E" Street and "F" Street, and apin from "I" Street to
"1." Street. The ADT (Average Daily TrafIlc) on all of these segments, u an average, is
23,460 vehicles per day, based on traffic counts taken during 1994. During the one year period
from 1/1194 to 12/31/94 there were a total oUS reported accidents in these areas. U of these
accidents were mid-block or segment accidents, and 3' of the accidents were intersection
. related. Of the 39 intersectiOD related accidents, 23 took place at intersections iDtemal to study
area, and 1 Ii took place at the intersections on the periphery (interlections IIIterina or leaving
the totallengtb of roadway being studied). For the purpose of caI~d,t:iDg an accident rate, the
accidents at the periphery are not included, therefore ~, reported accideDtl were included in
the calculation of the accident rate for Condition A Using the figures provided above, the
current accident rate in the areas described as CODdidoD A, expressed in f# of accidents per
million vehicle miles is S.69SIMVM.
~
9.,.\ \
CONDITION B: TWO-WAY LEFT TURN LANE STRIPING
~
Condition B is that portion of Broadway which has four (4) lanes of traffic, two (2) in each
of the northbound and southbound directions, divided by a painted two-way continuous turn
lane. This condition currently exists between "c" Street and "E" Street, and again from "F"
Street to "I" Street. The ADT (Average Daily Traffic) on all of these segments, as an average,
is 20,600 vehicles per day, based on traffic counts taken during 1994. During the one year
period from ]/1/94 to 12/31/94 there were a total of 51 reported accidents in these areas. 16
of these accidents were mid-block or segment accidents, and 35 of the accidents were
intersection related. Of the 35 intersection related accidents, 24 took place at intersections
internal to study area, and 11 took place at the intersections on the periphery (intersections
entering or leaving the total length of roadway being studied). For the purpose of calculating
an accident rate, the accidents at the periphery are not included, therefore 40 reported accidents
were included in the calculation of the accident rate for Condition B. Using the figures
provided above, the current accident rate in the areas described as Condition B, expressed in
# of accidents per Million Vehicle Miles is 4.6981MVM.
CONDmON C: RAISED MEDIAN ISLAND THROUGHOUT
Condition C is that portion of Broadway which has four (4) lanes of traffic, two (2) in each
of the northbound and southbound directions, divided by a raised median island. This condition
currently exists between "L" Street and Main Street only. The ADT (Average Daily Traffic) ""'"
on all of these segments, as an average, is 19,590 vehicles per day, based on traffic counts
taken during 1994. During the one year period from ]/1/94 to 12/3 ]/94 there were a total of
49 reported accidents in this area. 21 of these accidents were mid-block or segment accidents,
and 28 of the accidents were intersection related. Of the 28 intersection related accidents, 21
took place at intersections internal to study area, and 7 took place at the intersections on the
periphery (intersections entering or leaving the total length of roadway being studied). For the
purpose of calculating an accident rate, the accidents at the periphery are not included,
therefore 42 reported accidents were included in the calculation of the accident rate for
Condition C. Using the figures provided above, the current accident rate in the areas described
as Condition C, expressed in # of accidents per million vehicle miles is 3.599~.
Average Daily Traffic Volume (ADT) Calculations:
Condition A (Do...le Yell... Centerline Stripe)
-Ell to -Fa
22580
+
11.11 to IIJII
25030
IIJII to IIKIII
24620
+
111(11 to IILII
21620
TOTAL AVERAGE ADT
+
4
Condition B (1No,VlY Left Turn Lone Striping)
. 93850. 23462.5 . 2346Il
.e. to 11I)"
16510
+
"DII to IIEII
16490
+
+
11011 to IIM"
22500
IIHII to 11.11
26390
TOTAL AVERAGE ADT
.F. to 110"
21100
5
Condition C (RI1sed llediln blind Throughout)
. 102990. 20598.0 . 20600
"1,.11 to Moss Moss to "aples ".ples to OXford OXford to ,.lCIMr Palcnar to Anita Anita to "ain TOTAL AVERAGE ADT
20870. 19700 + 20380 + 24370 + 17080 + 15150
6 . 117550 . 19591 . 19590
""'"
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Information Used for Calculating Accident Rates
Accident Rate Formula c Number of Accidents X 1,000,000 M;les
Year . Accidentl/MVM
ADT X 365 2!x! X Len.t~ in Feet(Miles)
Vear 5,280
Condition A: Double Yellow Centerline Stripe
Total Accidents = 49
Total Distances = 5,305 Feet = 1.0047 Miles
Condition B: Two-Way Turn Lane Striping
Total Accidents = 40
Total Distances = 6,590 Feet = 1.1323 Miles
Condition C: Raised Median Island Throughout
Total Accidents = 42
Total Distances = 8,615 Feet = 1.6316 Miles
Accident Rate Calculations
Condition A:
49 AccidentsNear X 1.000.000 = 5.6951MVM
23,460 VehicleslDay ~ 365 DaysNear X (5,305/5,280) Miles
Condition B:
40 AccidentsNear X 1.000.000 = 4.6981MVM
20,600 VehicleslDay X 365 DaysNear X (6,590/5,280) Miles
Condition C:
42 AccidentsNear X 1.000.000 = 3.5991MVM.
19,590 Vehicles/Day X 365 DaysNear X (8,615/5,280) Miles
.. Accident Rate Comparisons
Subiect Area 1989 Accident Rate 1989 Statewide Rate 1994 Rate
1994 Statewide Rate
Condition A:
4.461MVM
3.661MVM
10.301MVM
5.6951MVM
Condition B:
5.611MVM
4.461MVM
4.6981MVM
3.661MVM
Condition C:
3.141MVM
3.5991MVM
2.491MVM
3.871MVM"
~
9-13
Correctable Accidents Per Classification
""""\
Condition A:
Of the 26 reported segment accidents that happened in the area classed
as Condition A, two (2) could have been correctable only by the addition
of a raised median island. Five other accidents could have been prevented
by the addition of either a two-way turn lane, or a raised median island
Therefore a total of seven (7) accidents out of the 26 segment accidents
could have been corrected. This is 27% of the total mid-block accidents
which occurred under Condition A.
Condition B:
Of the 16 reported segment accidents that happened in the area
classed as Condition B, five (5) could have been correctable by the
addition of a raised median island.
NOTE:
It should be noted that depending upon the design of islands that could be
added under Condition A, a higher percentage of accidents could be correctable.
For example, if there are five (5) minor mid-block intersections between two (2)
signalized intersections, and we allow only one mid-block island opening, we
could possibly reduce to zero (0) the number of accidents at the other four (4)
mid-block intersection locations.
"""\
(C:\WP51\DENNIS\BROADWAY.ACCl
"""\
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9-/4
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To:
From:
Subject:
Exhibit liB'
March 27, 1995
File #: St143-3
File.
Sohaib Al-Agha, Civil Engineer.
Broadway - Naples street to Anita Street.
On March 23, 1995 we held a meeting with the owners and/or tenants of property
along Broadway from Naples street to Anita street. The meeting was held in the
Council Chambers and started at 6:00 p.m. and ended at about 7:30 p.m. We had sent
previous notification letters of this meeting via mail.
Present at this meeting were Roberto Saucedo, Frank Rivera and myself. There were
about 20 Broadway merchants present at the meeting out of about 250 notified by
mail.
The following were some of the comments we received:
. .
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.
.
.
.
.
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.
.
How could we minimize construction impacts on businesses.
Could we provide "Open for Business" signs for each business.
Don't work during holidays.
How do we get hold of the inspector and contractor.
We like the medians to be removed.
Will the city pay to relocate my sign.
Hold weekly progress meetings and invite merchants.
Could we keep on-street parking.
Could you maintain all driveways signed and open
We like to maintain access to bus stops at all times
Meet weekly with merchants and/or the Broadway Business
Association during construction
Start north end of project and work south
Advertise shops are open for business during construction period
Do work during the night only.
Could you relocate curb opening south of Palomar street.
Could you arrange work schedule to accommodate merchandise
delivery periods
Can you limit number of hours contractor can block/disrupt access
to the property
SA/File No.: ST. 143.
M: \home \enpeer\.pbd. \It 143pc.mem
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EXh\bt C
fI / f--,
COUNCIL AGENDA STATEMENT
.
Item :<3
Meeting Date 2/6/90
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
Report on the construction of raised medians on Broadway
Director of Public work~lb~
City Manager (4/5ths Vote: Yes____No~)
.
On April 25, 1989, the Ci ty Counci 1 revi ewed staff I s submi ttal of the Ci ty I s
RTIP Update/Proposition A Transportation Sales Tax Expenditure Plan to
SAtICAG. The RTIP p1 an i nc1 uded reprogranmi ng of the Broadway reconstructi on
projects which was necessary because the original scope-of-work on the
Broadllay projects were found to be inadequate and had to be revised resulting
in substantial cost increases. This report had three alternatives and
recommended the a lternati ve that i nc1 uded wi deni ng the street to 82 feet
curb-to-curb width; installation of curb, gutter and sidewalk; and a fully
1 andscaped medi an. Because of the constructi on of the new medi ans in some
areas, it was i ndi cated that Engi neeri ng wou1 d come back to the Ci ty Council
for public input on the proposed medians.
RECO~1ENDATION: Staff recommends that, because of safety considerations,
raised landscaped medians should be constructed on the entire length of the
Broadway improvement projects. However, as worked out with the Chamber of
Commerce, staff would find raised medians at major intersections with two-way
1 eft turn 1 anes in between acceptable but, if a currently exi sti ng rai sed
median is removed during constructlon, it will be replaced with a raised
medi an.
BOARDS/COMMISSIONS RECOMMENDATION: On September 14, 1989, the Safety
COl1mi ssi on revi ewed the proposed reconstructi on project for Broadl~ay betl~een
"F" Street and the south City limits. The Safety Commission recommended
i nsta 11 ati on of medi an i sl ands as part of the reconstructi on project for the
purpose of enhancing the safety performance of Broadway. Attached is a copy
of the Safety Commission minutes.
DISCUSSION:
As stated above, the original scope-of-work for the Broadway projects involved
pavement overlays with some minor reconstruction. These projects were broken
dOltn into four separate phases coveri ng the porti ons of Broadllay between "F"
Street and the south City limits originally scheduled to coordinate with the
.SDG&E undergrounding program. However, engineering constraints dictated that
much more major pavement reconstruction must be done. Additionally, the
Circulation Element of the General Plan Update indicated that the widening of
the narrower sections of Broadway is required to accommodate projected traffic
volumes. Also, to alleviate both current and future traffic flow and accident
problems, a raised median is recommended for those areas that do not currently
have medians.
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Page 2, Item
Meeting Date ~/b/~U
Attached are exhibits showing the proposed typical section and a typical
landscaping plan that could be implemented.
In reviewing traffic projections as part of the recent General Plan Update, it
was determined that existing traffic volumes are in excess of 28,000 vehicles
per day on segments that were designed to handle 22,000 vehicles. In
addition, existing traffic lanes are too narrow in some sections and there are
numerous left turns and U-turns as well as cross traffic that further delays
traffic and causes congestion. Accident statistics indicate that for the 12
months endi ng May 1989, fi ve of the top ei ght City-wi de intersecti ons and
seven of the top 18 intersections with highest number of traffic collisions
were on Broadway and four of the top 19 and 8 of the top 39 segments, or
midb10ck sections, having the highest number of accidents are on Broadway.
Increased traffi c in the future wi 11 cause more congesti on and del ay wi th
traffi c di verti ng to other alternate routes. In addi ti on, some on-street
parking is lost in some areas in order to provide the required traffic lanes.
In these areas with no street parking there are examples of trucks stoPpin9 to
load and unload at businesses that block traffic lanes.
""""
In separate reports, the Traffi c Engi neer has eva1 uated the acci dents along
Broadway. The full reports are attached as exhibits. In sUl1lTlary, these
studies indicated that the sections of Broadway with centerline striping had
approximately 33 percent of the mi db1 ock acci dents susceptib1 e to correcti on
with a raised median and a rate of 10.30 accidents per million vehicle miles.
The sections with a two-way, double yellow, left turn lane had 23 percent of ~
tile midb10ck accidents susceptible to correction with a raised median and a
rate of 5.51 accidents per million vehicle miles. The sections of Broadway
with a rai sed medi an had an acci dent rate of 3.87 acci dents per milli on
vehicle miles or a rate 33 percent lower than the rate in the painted median
sections.
The proposed City project, which includes a raised landscaped median, is
designed primarily to improve safety, reduce congestion and delay, maximize
on-street parking and, secondarily, provide for a more attractive urban
street. The purpose of the raised median is to prevent left and U-turns at
midb10ck locations. Since these maneuvers will be restricted in the proposed
design, the major signalized intersections will be modified to allow U-turns.
A raised median island will improve traffic flow on Broadway and, as indicated
above, can reduce the number of acci dents that occur as a resu1 t of two
vehicles sharing a two-way left-turn lane. A median also provides refuge for
pedestrians crossing the street and allows for the placement of a pedestrian
push button, thus improvi ng pedestrian safety whil e mi nimi zing delay to the
. motori sts. The projected future traffi c vol urnes can be better accol1'r.lodated,
provi di n9 a greater degree of cOr.1fort and safety. Further, the proposed
landscaping will provide a softer more attractive environment. The
elimination of congestion and delay along with the more pleasing environment
shoul d encourage shoppers to go to shops and stores on Broadway rather than
discourage shopping in the area.
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Page 3, Item
Meeting Date 2/b/90
In addition to the Traffic Safety Commission, the City Engineer has also made
presentations to the Broadway Businessmen's Association and to two Chamber of
Commerce Committees. The Broadway Businessmen's Association has indicated at
both meetin~s that they opposed a raised landscaped median in Broadway. The
Businessmen s Association was afraid that trees in the median would block
business signs from the motorists. In addition, they wanted the ability to
make midblock turns into businesses. Some of the businessmen even indicated
they were opposed to tr~es within the parkway area.
The Chamber of Commerce Beautification Committee voted to support a raised
landscaped median.
The Chamber's governmental coordi nati on commi ttee also revi ewed the project.
This committee's recommendation was to approve a raised median at major
i ntersecti ons only and two-way 1 eft turn 1 anes between major intersecti ons.
In one or two specific instances where midblock pedestrian crossings may be
requi red, they al so approved a rai sed island to provi de a pedestri an refuge.
The committee also voted to recommend that if, in the process of construction,
it is required to reconstruct a raised median island, the island be replaced
with a two-way left turn lane. This concept is also shown in an attached
exhibit. Attached is a letter from the Chamber of COl1lllerce supporting their
governmental coordination committee's recommendation.
In order to address some of the concerns of the Broadway Businessmen's
Association, special attention to the landscaping plant material can be
gi ven. Rather than usi ng trees, medi an 1 and scapi ng can be 1 imi ted to lower
growing shrubs which do not block the businessmen's signs. Such a design can
still include the 65% hardscape, 35% landscape but with a modified type of
plant material.
The estimated costs for construction of Broad\~ay with raised medians, with a
two-way left turn lane and the Chamber proposal is as follows:
Raised
Median
2-1~ay Left
Turn Lane
"F" St. to "I" St.
"I" St. to "L" St.
"L" St. to ~aples St.
Naples St. to So. City Limit
$ 3,662,000
3,650,700
2,334-,800
2,200,300
$11,847,800
$3,345,400
3,304,700
2,095,600
1,181,600
$9,927,300
TOTAL
Chamber
Proposal
$ 3,543,100
3,501,600
2,225,100
1,760,712
$11,030,512
In addition to elimination of the raised median, the alternate project does
not 'incl.ude parkway street trees, \~hich \~ere also opposed by the Broad\~ay
Businessl~en's Association. It is staff's reconr.lendation that raised medians
be included in the Broadway projects and that a modified, low 9rowing, type of
landscaping be planted. While the Chamber's recommendation is an improvement
over a center stripe, the additional protection offered to motorists by
i ncl us i on of a rai sed medi an creates a safer roadway, as evi denced by the
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9-19
Page 4, Item
Meeting Date 2/6/90 .~
accident statistics, and, in the opinion of staff, more than adequately
justifies the cost of the medians. However, the dollars saved under the
Chamber proposal may conceivably contribute to greater safety on other future
projects. If raised medians were constructed on all sections of Broadway and
based on the average accident rates cited above for all sections, there would
an expected total reduction of 75 accidents annually. Of those, there would
be 65 fewer accidents anticipated on sections currently with a double yello~/
centerl i ne stri pe and 10 fewer acci dents on secti ons currently wi th two-way
left turn lanes. Conversely, if the existing raised medians were converted to
a two-\~ay 1 eft turn.l ane, the number of acci dents on those secti ons woul d be !
expected to increase by 49. At the same time, converting the double yello~/
stripe to two-way left tu~n would only expect to save 17 accidents per year,
Further, it is staff's recommendation that if the Council adopts the Chamber's
basic alternate, that raised nedians now existing not be removed in the event
reconstruction is required. To remove a raised median and replace it with a
two-way 1 eft turn 1 ane woul d reduce, not increase, safety. Also, busi nesses
and their customers in this area have adjusted to the existence of the median.
FISCAL IMPACT: The total cost of constructing all the phases .of Broad\~ay
with raised landscaped medians is $11,847,800. With a full two-way left turn
lane, the cost is $9,927,300. The cost for the Chamber proposal is
$11,030,512. The construction is programmed into four phases with the last
phase scheduled for construction in FY.9ZI93.
Unless a landscape maintenance district is formed, the median landscaping will
be an annual maintenance cost. We estimate it costs approximately $840
annually per quarter mile section of landscaped median. The total annual cost
to the general fund for maintaining the median from "F" Street to the south
City boundary is $10,500.
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\~PC 4738E
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MINUTES
16
February 6, 1990
Councilman Nader stated he was intrigued by the advisory measure and noted the decisions by the Council
regarding land use receives little or no coverage by the media. He stated there would be a problem with
lack of information regarding the development at this time.
MSUC (Makolm/McCandliss) to bring back Mr. Davis' request sometime during the EIR proc:ess.
Councilman Malcolm stated this would not be in time for the November election but there were a number
of mitigating issues that would still come up. He felt the City just did not have information now. With
the motion, Council would look at again and decide whether to proceed.
ADDmON TO MOTION: Planning Commission and Task Foree are to receive a copy of Mr. Davis' letter
so they are aware of his interest. Councilman Malcolm agreed to the addition to the motion.
Mr. Davis stated maybe the question should be whether the people of Chula Vista want the land left open
or developed.
City Manager Goss stated in addition to various public meetings and public hearings on the subject as it
evolves, there will be coming forth some type of recommendation as far as the development of the staff
or consultant plan that will also have a public information or public participation process. One question
raised is what do people think should be planned in this area. Going beyond the public meetings to
survey techniques, in terms of asking people what they want in this area, would be worthwhile to pursue
and doesn't have to wait several months.
Item 23. REPORT REGARDING 1liE CONSTRUCTION OF RAISED MEDIANS ON BROADWAY IN
1liE CIlY OF 0iUUI. VISTA
Harriet Stone, 6566 Ridge Manor, San Diego, CA 92120, spoke in opposition to the staff recommendation.
She stated she had recently redeveloped the property on Broadway and H Streets. She expressed her
concern over the installation of the medians and felt they would stack traffic, create smog and be a
negative impact on the businesses. She supported the widening of the street but expressed her concern
over losing the ability to rum left out of the driveways.
Cliff Swanson, Deputy Director of Public Works, stated a standard pocket was 180 to 200 ft. and the 400
ft. pocket would be limited to areas with high traffic. .
Councilman Malcolm stated medians would disrupt traffic period. The Council needed to address the
safety issue.
Councilwoman McCandliss expressed her concerns over past engineering projects. She noted that property
owners were often caught unaware of changes beirig made that would affect them.
Councilman Malcolm agreed and stated impacted property owners should be noticed during the process.
Mr. Swanson stated the design work had not been done on the intersection in question, but when
designed, staff could notify the property owners.
Noel Van Hook, 1210 Nile Ct., Chula Vista, CA, representing Van's Alignment and Brakes at Main Street
and Broadway, spoke in opposition to the staff recommendation. His driveway is approximately 100 ft.
from the comer and there is no sidewalk. His business services large vehicles and if a median is installed,
those vehicles would not be able to access his property. Due to their size. they are unable to make a U-
rum at the intersection and would be required to travel approximately four miles before there would be
sufficient area to U.rum. He stated there were other businesses in that area that also utilized large trucks
~
9-2\
MINUTES
17
February 6, 1990
and felt they would be impacted. He located his business there in 1971 and has paid for many of the site """"'"
improvements and curbs himself. He is proud of his business and requested Council postpone this item
for three weeks in order to organize the businesses in his area and bring their input back to Council.
Martha Griffith, 980 Broadway, Chula Vista, CA, spoke in opposition to the staff recommendation. She
felt the median would create a dangerous situation and a hardship on the businesses. She lives in the
area which has a median and is required to make V-turns numerous times during the day. She stated she
supported the widening of Broadway but was against the medians.
Councilman Moore stated the he had requested this item be referred to the Chamber of Commerce for
review and they had submitted an alternative proposal. He felt the City may have gone to far with the
continuous median. He believed the staff had a good degree of flexibility built in and he liked the
alternative of left hand turn pockets.
MSUC (Coz/McCandliss) to accept Ibe recommendations of Ibe awnbel' of Commerce as it relates to:
1. Vegetation height.
2. Raised medians at intersections.
3. Maintain dual left turn lanes at mid-block.
4. Broadway be widened as per staff recommendation.
5. Areas wilb existing medians be retained and evaluated when specific plans are developed.
6. When specific plans are available, public notice be made to all businesses on Broadway Ibat would
be impacted and owners given an opponunity to appear before Council before approval of final
plans.
City Manager Goss stated he felt the motion was a policy direction for staff.
Councilwoman McCandliss felt the Chamber had submitted a very workable, and cheaper, alternative and """"
she felt it would work.
Councilman Malcolm asked Mr. Lippitt if he understood that Council was stating that medians should not
be placed at all intersections but only where needed.
Mr. Lippitt stated the project would be phased with the first phase starting between L and Naples.
Mayor Cox stated the project design should come back before Council along with the notification of
owners.
Item 18. RESOLtmON 15503 APPROPRIATING FUNDS FROM BAY BOULEVARD UGHTING lID
MAINTENANCE DISTRICT RESERVE TO RELOCATE CHAlN-UNK FENCE ALONG BAY BOULEVARD
Councilwoman McCandliss questioned the irregularities between the staff recommendations regarding
installation of a crash banier.
Manuel Mollindo, Director of Parks and Recreation, stated the Parks and Recreation Commission had
preferred the guardrail but that the Public Works Department had informed them it would be
inappropriate.
MAYOR COX OFFERED RESOLtmON 15505, which included Ibe staff recommendation to mo"," Ibe fence,
reading of the ten was waived, passed and approved unanimously.
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Minutes
February 22, 1994
Page 3
autborizing submittal of the FY 1994/95 Bicycle Project Claims for available TDA and TransNet Funds. Staff
recommends approval of tbe resolution. (Director of Public Works)
10. RESOLUTION 17394 APPROVING THE FD..ING OF AN APPLICATION FOR CONGESTION
MITIGATION AND AIR QUALITY FUND (CMAQ) UNDER THE INTERMODAL SURFACE
TRANSPORTATION EFFICIENCY ACT (ISTEA) OF 1991 AND DESIGNATING THE CITY ENGINEER
AS THE AUTHORIZED REPRESENT A TIVE FOR TlUS PROGRAM -The CMAQ was eaacted as part of the
ISTEA of 1991. The San Diego County area is scheduled to receive more than $12.7 million over a six-year (six
cycles) period under the program. Projects must be used for transportation improvemeats that enhance air quality.
The State has determined that signal timing enhancement, traffic signal equipmeat upgrade, and traffic signal
computer control equipment are high priorities under the CMAQ program. Staff believes that the City's existing
computerized traffic signal system which was state-of-the-art when installed, but is now five years old, has
limitations on its ability to respond to continuous changes in traffic flow. The current state of the art signal timing
system referred to as "Split Cycle-Time and Offset Optimiution Technique" (SCOOn provides an opportunity to
the City to make the signal system more responsive to changes in traffic pallems and peak hour volumes. The
resolution will approve the filing of an application for CMAQ funding to upgrade the City's traffic signal system.
Staff recommends approval of the resolution. (Director of Public Works)
11. REPORT SUPPLEMINT AL PROPOSAL FOR YOUTII ACTION PROGRAM - On
9/14/93, staff was directed to detennine whether Chula Vista Middle School and/or Senior High School would be
interested in the Youth ACTION Program at their school sites. Due to the close proximity of Cbula Vista High
School and Chula Vista Middle School to the Chula Vista Youth Center these schools were not included in the
original proposal for Junior High After-School programming and High School Happenings. Staff recommends
Council approve the resolution and: I) direct the Parks & Recreation Department to conduct an additional High
School Happening Program at Chula Vista High School, which will be reimbursed by funds available from
Community Development Block Grant (CDBG) Program Income; 2) amend the Service Provider agreement with
the YMCA to provide for the addition of Chula Vista Middle School into the Junior High Outreach program; and
3) authorize the Mayor to execute said amendment. (Director of Parks & Recreation) 4/5th's vote required.
RESOLUTION 17395 APPROVING A FIRST AMENDED SERVICE PROVIDER AGREEMENT
WITH THE YOUNG MENS CHRISTIAN ASSOCIATION (YMCA) OF SAN DIEGO COUNTY,
AUTHORIZING MA YOR TO EXECUTE SAME, AND AMENDING THE FISCAL YEAR 1993/94 BUDGET
TO PROVIDE PERSONNEL AND SERVICES FOR THE SUPPLEMENTAL YOUTH ACTION PROGRAM
· · END OF CONSENT CALENDAR · ·
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
12. PUBLIC HEARING CHULA VISTA TRANSPORTATION IMPROVEMENT PROGRAM FOR
THE NEXT SEVEN FISCAL YEARS - The San Diego Regional Transportation Improvement Program (RTIP)
is a seven-year program (Fiscal Years 1995 - 2(01) of proposed major highway, arterial, transit, bikeway, and
aviation projects. The annual development and approval of the RTlP by SANDAG is a requirement for the
continued receipt of State and Federal transportation project funding. The "Proposition' A' TransNet Transportation
Improvement Program - Ordinance and Expenditure Plan" also requires that all proposed projects funded with
TransNet funds be included in the RTIP. SANDAG administers the program County-wide. Staff recommends
approval of the resolution. (Director of Public Works)
RESOLUTION 17396 ADOPTING THE SEVEN-YEAR TRANSNET LOCAL STREET AND
ROAD PROGRAM OF PROJECTS FOR FISCAL YEARS 1995 THROUGH 2001 AND APPROVING THE
SUBMITTAL OF CHULA VISTA'S TRANSPORTATION IMPROVEMENT PROGRAM TO THE SAN
C;>q:
9-Z3
Minutes
February 22, 1994
Page 4
. -...
DIEGO ASSOCIATION OF GOVER."MENTS (SANDAGl FOR INCLUSION IN THE REGIONAL
TRANSPORTATION IMPROVEMENT PROGRAM (RTIP)
This being the time and place as advertised, the public bearing was declared open. There being no public testimony,
the public bearing was closed.
Mayor Nader stated be was concerned witb projects 4-9. He questioned if Item 4 was a continuation of the
Broadway project of "E" to "L" Streets.
John Lippitt, Director of Public Works, responded that it was a continuation to the soutb. "F" to "I" was currently
under design and would probably go to construction during tbe CUrTent year.
Mayor Nader questioned if the City bad received any requests from the business community or those living in the
area to have the work done.
Mr. Lippitt stated be was not aware of any requests from that area. Between Oxford and Anita the pavement was
in very bad shape and tbe primary reason the project was submitted was for reconstruction.
Mayor Nader questioned if there would be any new medians or landscaping.
Mr. Lippitt responded there was an existing asphalt median and it would be done as per previous Council direction
witb 65%/35% landscaping.
Mayor Nader stated that given the recent experience with the Broadway Street improvements be was besitant to
approve anything more than what was absolutely necessary witbout having the input of that community. He did not
want to see a repetition of what had recently been experienced.
~
Mr. Lippitt stated staff was cUrTently putting fortb more effort on the CUrTent section between "I" and "L" Streets.
They were meeting with the business owners and the Broadway Business Association. They bad recently sent
notices to all property owners and business owners for a meeting on March 2, 1994. Item 4 was not scheduled until
1996 and there would be time to work on it with the property and business owners.
Council member Rindone stated business owners from "L" Street to Naples had questioned wby the islands we~e N ;,p k,
placed in the center of the street when Council had voted to eliminate the islands in the previous project from "F" ~.
and "I" Streets. He wanted to ensure that wben the project for tbe center portion of Broadway came back to ';"'rroH'~
Council for consideration that islands in the center of the street be an option.
Clifford Swanson, Deputy Public Works Director/City Engineer, stated the CUrTent design did not bave medians.
Previous Council direction was that there would not be medians unless it was at a major intersection witb a problem
with left turns. The project on "L" Street to Naples already bad existing medians. Council bad directed that wbere
medians previously existed they could be replaced, but there were to be no new medians unless Ibere were certain
circumstances approved by Council after public bearings.
Councilmember Rindone stated when the original project between "I" and "F" Streets came before Council there
were medians in the project wbich were eliminated by Council action. He wanted to eusure that when the Dew
project came before Council for approval that Ibe option of retuminll Ibe medians be considered by Ibe Council.
It was a policy issue Ibat abould be made by the Council with input from Ibe business community. Perhaps it could
be bid with and without islands.
Mayor Nader stated he would support the request. He was not sure that of all Ibe things that could be done to
improve transportation within tbe community that the remaining projects were top priority for the use of the funds
tbat were generated by tbe extra 1/2 cent sales tax. He wanted to see the City look more at street improvements
that might better facilitate alternative transportation, i.e. public transit or bicycle transportation, safer pedestrian
access around parks or school sites, etc. The "E" Street project between 1-5 and Broadway was to decrease
-..
9-z4
~
Minutes
February 22, 1994
Pa~e 5
.
congestion on "E" Street and he stated there was northbound 1-5 traffic coming from the other side of "E" Street
on a left turn arrow and occasionally someone gettin~ off 1-5 northbound and ~oing straieht through to get back on
the freeway. He was uncertain how the traffic could be moved safely without a traffic lieht. He questioned if the
lane would be extended all tbe way down the on-ramp as a separate lane.
Mr. Swanson responded that was correct. It would be much like the Bonita Road - I-80S ramp with dual lanes.
The design would begin in the 1995/96 fiscal year and staff would have to work with Caltrans.
Mr. Lippitt stated because of all the congestion and capacity needed it was not just a matter of a free turn without
waiting, but having enough lanes to get the traffic through on a single cycle. It was a project that was initially
thought of during tbe bayfront development hearings.
Mayor Nader questioned why landscape medians were a high priority in the last two Main Street projects.
Mr. Swanson stated the project did not begin until 1995/1999. Those would be reviewed in the same manner as
Broadway, i.e. Council and community input.
Mayor Nader questioned why Main Street needed to be widened.
Mr. Swanson stated that portion of Main Street carried a considerably high amount of traffic, especially truck
traffic. It would include a left turn or a median in the center, landscaped per staff recommendation or a potential
two-way left turn lane, and two through lanes on each side plus a parking lane. It would be 102 feet of right-of-
way. The standard width included a bicycle lane.
Council member Moore questioned how much the lanes had been widened on Broadway.
.
Mr. Swanson stated the Broadway portion that was widened did not have both parking and a two-way left turn lane
in the center. Through the widening of five feet on each side they were able to add a left turn lane in the center
and retain on-street parking.
Councilmember Moore stated he had been told that when a certain level of daily trips bad been reacbed the extra
widening of the lanes cut down the accidents and liability which affected the City treasury. What he was hearing
was that no lanes were being widened, the street was being widened in order to expedite traffic at intersections and
to retain parking.
Mr. Lippitt stated the Main Street project was also the rehabilitation of pavement.
Mr. Swanson stated the widening was not just at the intersections, it was also for the mid-block two-way left turn
lanes. No lanes were being widened to help move traffic.
Councilmember Moore felt there should be a policy as to whether Council wanted left turn lanes on Broadway and
Main Street as that was beine planned. He fell a double bid would be more costly. Staff should be directed to
bring back the rationale for left turn lanes and the decision should be made early so design ud everythin~ could
be done in advuce. He believed that in order to have minimum interference on the businesses construction should
be in one-quarter mile blocks on one side of the street. Council should decided whether they wuted the medius,
where they would be located if uy, why they should be there, ud how it could be contracted out with minimum
interference to the business community.
Councilmember Rindone stated in referring to the islands in his earlier comments, he was referring to the middle
of the block between the major intersections. Council at no time, removed the islands at the major intersections.
That was a policy decision that should be made by Council. He did not want it assumed that all islands would be
eliminated .
.
~
9-25
Minutes
February 22, 1994
Page 6
~
Couocilmember Fox questioned what ability the Council had in the future to amend projects or remove and replace
projects.
Mr. Lippitt responded that the process was renewed every two years and could be amended every year.
Councilmember Moore stJited Council had agreed that the major projects for the 1/2 cent sales Ulx, over a twenty
year program, were Broadway and Main Streets. Because stJiff knew that, they were deliberately not repairing those
streets so there was a lot of deterioration. He felt Council should give stJiff specifics as to what <hey wanted done
regarding left turn lanes, etc.
City Manager Goss stJited it was necessary to make the filing for general planning purposes. In terms of the review
of the capitJil improvement program, where the program and other funding related to the street system was reviewed
by administration, that enabled more of a focus regarding real priorities. When it came time for implementJition,
budgeting, and priorities Council could have a different list than was currently being presented. Items 6-9 bad not
received the detJiiled review as would be done by the budget office.
Councilmember Moore stJited the ballot item said that they would take the city's average of money spent on street
repairs and that base should continue. The Transnet money was not in-lieu of or to replace that money. He
questioned who was checking to see that the cities were maintJiining their base and not allocating their base to some
other use in the city.
City Manager Goss StJited the City checked on themselves, the Transnet stJiff also checked to make sure it was spent
in accordance witb regulations. He felt there was a significant amount of time during the fiscal year in which the
program could be modified. The deadline was in March for submittJiJ. Items 1-3 were pertinent as they were
scheduled for the next fiscal year. Presumably next year, or earlier, stJiff could bring back the other items and stJirt
looking ahead to 1995/96.
,,~-,
""""
AMENDM:ENT TO MOTION: (Nader/Fox) that followillll adoption of the resolution, within the next fiscal (P,) \
year, or rior to the Ian comi back to Council, that it be referred to both the Resource LonservatlOn ~
C-mnmlssion and the Safet . r their ,"put, an . .cally, but not exclusiv e I ern
brOUJlht orward hj' r"uAci'~.....h.r Rindone r"llar 'Illl the potentIal Naples treet unprovernenls
considered by stafT prior to next year.
Council member Fox questioned if all of the projects were being referred to the conunissions.
Mayor Nader responded that it would be e ix projects that were not for the current fiscal year.
Councilmember Moore questioned what would be gained by getting input from conunissions that were not
necessarily involved in street construction.
Mayor Nader stJited the conunissions dealt with environmentJil protection and traffic safety, both of which were
areas where the City had tbe opportunity to improve the quality of life in the City througb the street projects.
Councilmember Moore stJited it should be kept in mind that it often took over a year or more to do a project
becau.,e much of the work was done in house. If they delayed too long, the project could get bung-up. He had a
problem with the motion as the money was to be used for certain things, it was special money, and there needed
to be a lot of work done on Broadway and Main Streets. If there were other jobs that needed to be done they
should compete within the CIP projects and associated funding. If Broadway and Main were not completed by the
end of the twenty year project it would come back to haunt a Council in the future.
Mayor Nader stJited he was not convinced that Items 4-9 were the most imporUlnt projects to be done during that
time frame and he wanted additional input before Council conunitted to them.
VOTE ON MOTION: approved 4-1 with Moore opposed.
~
~
Minutes
February 22, 1994
Page 7
.
RES,?LUTION 17396 OFFERED BY MA YOR NADER, reading of the text was waived, passed and approved t
unarumousl)', _ 1
ORAL COMMUNICATIONS
None
BOARD AND COMMISSION RECOMMENDATIONS
13. REPORT FORWARDING RECOMMENDATIONS FOR CHARTER AMENDMENTS
The report includes seven recommendations by the Charter Review Commission for the placement of ballot items
on the 6/7/94 ballot. Two measures represent technical cleanup items and five measures represent substantive
proposals for change. The report also presents the Commission'5 analysis of and recommendations not to place
certain measures on the ballot. The Citv Attornev recommends receiDt and continuation of this item for one
week.
City Atlorney Boogaard stated he was authorized by the Chair of the Charter Review Commission to represent their
recommendation to defer the measures proposed to amend the Charter to the November election in order to give
the Council and public time to study them. It was also their recommendation to hold joint workshops later in the
year to facilitate that discussion.
.
MSUC (NaderlHorton) to approve the staff recommendation to deCer the proposed amendments to the
Charter to the November election and to hold joint workshops.
ACTION ITEMS
14.A. RESOLUTION 17397 CONCEPTUALLY SUPPORTING PARTICIPATION IN THE
INTERNA TIOJliAL COUNCIL OF LOCAL ENVIRONMENT AL INITIATIVES (ICLEI) URBAN CARBON
DIOXIDE REDUCTION PROJECT AND RELATED GREENFLEETS PROJECT - On 11/5/93, the Mayor
and Council received an invitation from the ICLEI to join eleven other selected cities throughout North America,
Europe and Canada to participate in an international effort to develop comprehensive planning tools for an Urban
Carbon Dioxide "local action plan" and Energy Reduction Strategy. Participation in this effort will help the City
comply with local guidelines for State Congestion Management Plan requirements, related requirements to adopt
a land-use based trip reduction ordinance, and an employer-based trip reduction ordinance. (Administration)
B. RESOLUTION 17398 APPROVING AND AUI1IORIZING THE EXECUTION OF A CONTRACT
WITH THE CALIFORNIA ENERGY COMMISSION FOR 5100,000 FROM THE STATE STRIPPER WELL
FUNDS FOR THE DEVELOPMENT OF AN URBAN CARBON DIOXIDE REDUCTION STRATEGY AND
GREENFLEETS LOCAL ACTION PLAN AND APPROPRIATING 5100,000 IN ACCORDANCE WITH
RECOMMENDED BUDGET - 4/Sth's vote required.
C. RESOLUTION 17399 EXECUTING A CONTRACT WITH THE SAN DIEGO ASSOCIATION
OF GOVERNMENTS (SANDA G) LOCAL TECHNlCAL ASSISTANCE PROGRAM FOR A TOTAL OF
$44,820 FROM THE ENERGY CONSERVATION FUND FOR THE PURPOSE OF DEVELOPING A
CARBON DIOXIDE REDUCTION INVENTORY, STRATEGY AND IMPLEMENTATION PLAN, IN
ACCORDANCE WITH THE STATE OF CALIFORNIA STRIPPER WELL FUNDING GUIDELINES AND
WAlVING BID PROCESS FOR CONTRACT WITH SANDAG TO DEVELOP A CARBON DIOXIDE
REDUCTION AND IMPLEMENTATION STRATEGY
.
. Tony Castro, 5106 Glen View, Bonita, CA. stated he was concerned that the project was initiated by the
United Nations. He was concerned over anything initiated by the United Nations due to their less than stellar track
~
9-27
- This Page Blank-
~
9-tfj
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EXHIBIT "H"
.
Decision Making Matrix
FOR
Comparison between improvement alternatives for the existing median islands on
Broadway from Naples Street To Anita Street.
AIh'/l :Partiallmprovement Altll2:Fulllmprovement Altl3: Eliminate Medians
Costs for medians area work (1) S 150,000 S 298,000 S 202,000
Safety Commission Recommendation Approved Approved Rejected
Merchant preference No No Ves
Continuity with adjacent Broadway segments Similar Similar Different
Aesthetics Good Excellent Average
Existing pattern of traffic Conserved Conserved Disrupted
~eting our Standards Meet standards Meet standards Sub-Standard
Accident level Remain low Remain low May increase.
Design Capacity 30,000 Trips/Day 30,000 trip/Day. 30,000 Trip/Day.
Ease of Construction Simplest Difficult Average
M:\home\engineet\qenda\st143dmm.phe
(1) Cost for medians area work are net costs to improve the existing median islands. For
alternative 1, it amounts to hardscape, irrigation, landscaping and minor concrete curbs. For
alternative 2, it includes full new concrete curbs in addition to hardscape, landscape and
irrigation. However, for alternative 3, it amounts to demolition, excavation and construction
of new asphalt pavement.
.
q-J(P / 9-37
N
COUNCIL AGENDA STATEMENT
Item I tfJ
Meeting Date 4/25/95
ITEM TITLE:
Resolution / ? !5? '9 Approving the Sublease with Rohr Inc. for their
building #52 for housing the Border Environmental Technology Resource Center
(BETRC) and the Border Environmental Business Cluster (BEBC), authorizing Mayor
to execute Sublease; and fe-appropriating $2,000 in FY 1993/94 CDBG funds for
associated costs
{ c"
Community Development Tic~r v~
City Manage~~ ~ tJj)
(4/5ths Vote: Yes_No->
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
,
On January 10, 1995, Council adopted Resolution 17784 approving the final application to the Federal
Economic Development Administration (BDA) requesting $2 million to implement the Border Environmental
Commerce Alliance (BECA) Program. The federal funding was subsequently awarded to Chula Vista on
February 15, 1995. BECA includes two major initiatives - the Border Environmental Technology Resource
Center (BETRC) and Border Environmental Business Cluster (BEBC). Both the BETRC and the BEBC will
be located at the Rohr facility per the proposed $1.00 Sublease Agreement.
The BETRC will be a Southbay satellite to the existing San Diego High Technology Resource Center and
will offer local technology-based companies easy access to all existing regional Economic Conversion
Program resources. In addition, the BETRC will provide a one-stop center for state-of-the-art environmental
technology information, and technical, export, and business development assistance for environmental
companies from throughout the County. The BETRC will be administered under contract to the City by
Southwestern College - Small Business Development Centerllnternational Trade Center.
The BEBC will be an environmental business incubator to serve start-up businesses focusing on
environmental technologies. The incubator will serve as a launching pad for new environmental businesses
by offering: easy access, proximity to U.S./Mexico border, short-term and affordable lease rates, flexible
space, meeting rooms, shared support staff and equipment, plus on-and off-site professional support in areas
such as business planning, financing, marketing, and technology transfer.
In July of 1994 Council directed staff to pursue the donation of building space at Rohr specifically for the
BECA program. On January 10, Council was informed that Rohr, in partnership with the San Diego Unified
Port District, had agreed to make their Building 52, an 18,000 sq. ft. facility, available at no cost to BECA
for the life of the grant. The proposed Sublease is effective July 1, 1995.
RECOMMENDATION: That: 1) Council adopt the resolution approving the attached Sublease with Rohr
Inc., for building 52 of the Rohr campus for housing the Border Environmental Technology Resource Center
and the Border Environmental Business Cluster at a cost of$l; and 2) authorize the reappropriation of $2,000
in surplus FY 1993/94 CDBG funds previously appropriated for a BECA-related consultant contract, to pay
for utility costs associated with preparation of the building (prior to the July 1995 opening and to receipt of
EDA funds).
/tJ ~I
-,
Page 2, Item / (J
Meeting Date 4/25/95
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
FACILITY
Building 52, located on Marina Parkway north of the Chula Vista Marina, is an 18,300 sq. ft. office building
that sits on roughly 49,500 sq. ft. of land owned by the San Diego Unified Port District. The building
previously served as the Purchasing Department for Rohr but has been vacant since 1993, Building 52 is
proposed to house both the Border Environmental Technology Resource Center (BETRC) and Border
Environmental Business Cluster (BEBC) programs under the BECA grant. The City will construct a security
fence to separate Building 52 and the surrounding grounds and parking area from the rest of the Rohr
campus. The fence will allow activities relating to BECA unincumbered access to Building 52 at all times.
The Sublease will last for approximately three years beginning on May 9, 1995 and ending on April 30, 1998
which corresponds to the federal EDA grant period.
RESPONSffiILITIES
Citv agrees to:
. Obtain Rohr and Port consent before entering into any subletting agreement with
incubator tenants or other uses.
. Comply with all ordinances and statutes of all municipal district, state and federal
authorities now in force.
. Perform normal maintenance upon the Subleased premises including grounds, roof,
walls, electrical wiring, plumbing and heating installation.
. Obtain written consent from Rohr for improvements costing more than $10,000.
. Obtain written consent from the Port District for improvements costing more than
$25,000.
. Hold Rohr and the Port District harmless from claims due to injury except to the
extent caused by Rohr or the Port District.
. Maintain public liability insurance of at least $5 million.
. Provide certificate of insurance.
. Pay utilities as follows:
1) Not to exceed $2,000 prior to July 1.
2) Not to exceed $40,470 - the total budgeted amount funded by EDA.
/t9-.2
Page 3, Item J tl
Meeting Date 4/25/95
. Not handle, use, store transport or dispose of any contaminant upon the Subleased
premises except for ordinary janitorial supplies or materials needed for improvement.
Small quantities (less than 10 Ibs or 1 gallon) of contaminants may be brought on site
for demonstration purposes.
. Assume liability for contaminants placed, generated or located on or under the
Subleased premises by parties other than Rohr or the Port of San Diego.
. Hold harmless the Port and Rohr for any action arising out of contaminants placed,
generated, located, handled, stored, dispersed of, or used on Subleased premises
during the term of the Sublease.
. Pay the property tax on Building 52 in the following manner:
Year 1 - 50% oftaxes due for the first year of the Sublease shall be due and payable
on May 1, 1996, not to exceed $2,650.
Year 2 - The remainder of taxes due from Year 1 shall be due and payable on May
1, 1997; 100% of taxes due for the second year of the Sublease shall be due and
payable on May 1, 1997, not to exceed $8,056.
Year 3 - Taxes due for the third year shall be due and payable on April 1, 1998, not
to exceed $5,514.
. Construct and maintain a perimeter fence.
. Recognize all provisions of the Master Rohr/Port Lease.
. Terminate if the program funding becomes otherwise unavailable.
. Recognize that the Sublease is at all times subordinate to the Master Lease.
Rohr agrees to:
. Maintain the telephone cable which serves Building 52.
. Maintain a water sampler.
. Maintain a fire sprinkler system.
. Hold the City harmless from claims due to injury except to the extent caused by the
City.
. Maintain full replacement value insurance for damage to Subleased Premises.
. Diligently pursue all insurance proceeds and repair the Subleased Premises in the
event of damage.
. Provide City exclusive use of the parking directly west of the facility (approximately
100 spaces).
Jj)~J
---.,---
TIMING
Page 4, Item JtJ
Meeting Date 4/25/95
If the proposed Sublease Agreement is approved by Council by April 25, 1995, it will be considered at the
May 9, 1995 San Diego Unified Port District meeting.
FISCAL IMPACT: All costs directly associated with the facility are covered by previously appropriated
grant funds with the exception of property taxes, estimated at a total cost of $16,220 over the three years.
This cost is an EDA ineligible expense and has been budgeted from program revenues, i.e., rental revenues
from incubator tenants. (In the event there is a shortfall, this cost will be covered by additional revenue
sources such as corporate sponsorships.) In addition, the $2,000 facility related costs and revenue sources
are identified below:
Activitv
Sublease Payment to Rohr
Maintenance
RepairslUpgrading
Insurance
Utilities
Utilities (prior to July 1,
1995)
Property Taxes
Security Perimeter Fence
Total 3-
Year Cost
$1.00
$19,219.00
$42,000.00
$8,550.00
$40,470.00
$2,000.00
$16,220.00
$7,000.00
TOTAL $135,460.00
Fundin!: Source
COBG FY 93/94
EOA
COBG FY 93/94
EOA
EOA
COBG FY 93/94
Incubator Tenant (or
fundraising) Rental Income
COBG FY 93/94
It should be noted that overall BECA operating costs have been previously approved by Council and are
being funded by a combination of federal, state and local revenue sources.
[(MD) c:\wp51\document\370.95(April19, 1995)]
J/fJ---'/
RESOLUTION
)7%')9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SUBLEASE WITH ROHR
INC. FOR BUILDING #52 FOR HOUSING THE BORDER
ENVIRONMENTAL TECHNOLOGY RESOURCE CENTER
(BETRC) AND THE BORDER ENVIRONMENTAL BUSINESS
CLUSTER (BEBC), AUTHORIZING MAYOR TO EXECUTE
SUBLEASE; AND RE-APPROPRIA TING $2,000 IN FY
1993/94 CDBG FUNDS FOR ASSOCIATED COSTS
WHEREAS, the City has created the Border Environmental Commerce Alliance as a regional border-
oriented coalition to encourage the development and commercialization of environmental technologies and
the start up and expansion of environmental companies; and
WHEREAS, the City requires office/industrial space to implement and operate the Federal Economic
Development Administration/State of California Trade & Commerce grant funded project; and
WHEREAS, Rohr desires to facilitate the City's implementation of this project by subleasing to the
City certain improved real property not currently being used by Rohr as more particularly described herein
on the terms and conditions provided herein; and
WHEREAS, Rohr will derive direct benefit from such Sublease to the extent it will no longer be
charged rent by the Port on the premises for so long as it Subleases the premises at no cost to the City or
April 30, 1998, whichever occurs first; and
WHEREAS, the Port District desires to facilitate the City's implementation of this project by approving
this Sublease of Port property by Rohr to the City so long as it is being provided to the Border Environmental
Commerce Alliance at no cost or April 30, 1998, whichever occurs first; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find,
order, determine and resolve as follows:
1. The Sublease Agreement with Rohr Inc. for the use of Building #52 and the
approximately 49,500 square feet associated with it for housing the Border
Environmental Technology Resource Center (BETRC) and the Border Environmental
Business Cluster (BEBC), is hereby approved, and the Mayor is authorized to sign
Sublease; and
2. The City of Chula Vista amends the FY 1994/95 budget in the following way:
a. $2,000 of the Community Development Block Grant funds previously
appropriated (FY 1993/94) for BECA development costs are reappropriated
for utility costs associated with preparation of the buildin #52 (prior to July
1995 opening and to receipt of Economic topment inistration funds).
[(MD) c:\wp51\document\381.95 (April 17, 1995)]
)j)-~ /!O-t(;
Bruce M. Boogaard
City Attorney
PRESENTED BY:
~~
Chris Salomone
Community Development Director
.
.
.
j~ ID
SUBLEASE AGREEMENT
This sublease ("Sublease") is made and entered into effective as of May 9, 1995, by
and between ROHR, INC. ("Rohr") and the City of Chula Vista ("City")
with reference to the following facts:
WHEREAS, the City has created the Border Environmental Commerce
Alliance as a regional border-oriented coalition to encourage the development and
commercialization of environmental technologies and the start up and expansion of
environmental companies; and
WHEREAS, the City requires office/indUstrial space to implement and
operate the Federal Economic Development Atlmini~trationlState of California Trade &
Commerce grant funded project; and
WHEREAS, Rohr desires to facilitate the City's implementation of this
project by subleasing to the City certain improved ~ property not currently being used
by Rohr as more particularly described herein on the terms and conditions provided
herein; and
WHEREAS, Rohr will derive direct benefit from such Sublease to the
extent it will no longer be charged rent by the Port on the premises for so long as it
Subleases the premises at no cost to the City or April 30, 1998, whichever occurs first;
and
WHEREAS, the San Diego Unified Port District desires to facilitate the
City's implementation of this project by approving this sublease of San Diego Unified
Port District property by Rohr to the City so long as it is being provided to the Border
Environmental Commerce Alliance at no cost or April 30, 1998, whichever occurs first;
and
NOW, THEREFORE, in consideration of the above recitals and other
good and valuable consideration the receipt and sufficiency of which the parties hereby
acknowledge, the parties hereby agree as follows:
1. Subleased Premises. Rohr hereby Subleases to the City of Chula Vista and the
City of Chula Vista hereby subleases from Rohr for the term and upon the conditions
hereinafter set forth certain real property including a building referred to as Building 52,
consisting of 18,300 square feet and approximately 49,500 square feet of land leased by
Rohr from the San Diego Unified Port District, as described in Attachment A hereto
including (the "Subleased Premises").
1
/O-t
2. Term of Sublease. This Sublease is for a term of approximately three (3) years
commencing on May 9, 1995, and terminating midnight on April 30, 1998, unless sooner
terminated as herein provided.
"'""
3. Rental. As rental, City agrees to pay Rohr the amount of $1 for the whole term
of the sublease payable on the first day of the Sublease.
4. Use of Premises. The Subleased Premises shall be used by the City for the
purpose of implementing the Border Environmental Commerce Alliance (BECA) program
and/or related programs, which include, but not limited to, the Border Environmental
Business Cluster, the Border Environmental Technology Resource Center, and office
spaces for individual environmental companies. The Subleased Premises shall not be
used for any other purposes without written consent from Rohr and the San Diego
Unified Port District. Rohr acknowledges and agrees that, in accordance with the BECA
program, City use of the Subleased Premises shall include (a) any and all uses consistent
with the operational plan for the BECA program approved by the City Council on July
19,1994 per Resolution No. 17574; (b) City subl~es and/or licenses of portions of the
Subleased Premises to BECA participants; (c) any and all related or similar uses; and (d)
City and BECA participant access to, and use of, the Subleased Premises for such
purposes on a 24 hour 7 day a week basis.
5. Assilmment and Subletting:. City shall not assign this Sublease or sublet any
portion of the Subleased Premises without prior consent of Rohr and the San Diego
Unified Port District administrative staff. Any such assignment or subletting without
consent shall be void and, at the option of Rohr and/or the San Diego Unified Port
District, may be terminated upon thirty (30) days notice to the City.
"'""
6. Ordinances and Statutes. City shall comply with all statutes, ordinances and
requirements of all municipal, district, state and federal authorities now in force, or
which may hereafter be in force, pertaining to the premises, occasioned by or affecting
the use of thereof by City. The commencement or pendency of any state or federal court
abatement proceeding arising from City's use of the Subleased Premises affecting the use
of the premises shall, at Rohr's option, be deemed a breach hereof.
7. Maintenance. Repairs. Alterations. City accepts the Subleased Premises "as is"
and acknowledges that at its expense, may need, but shall not be obligated, to do some
repairs to, but not limited to the floors and roof, prior to occupancy. City shall, at its
own expense and at all times, perform normal maintenance of the Subleased premises
including the roof, exterior walls, electrical wiring, plumbing and heating installation and
any other system or equipment upon the Subleased premises, and shall surrender same
at termination hereof, in as good condition as received, normal wear and tear excepted.
Notwithstanding the foregoing, in no event shall City be responsible for payment of
maintenance, repairs, and alteration expenses in excess of the amount allocated thereto
in the budget for the City's use of the Subleased Premises for the BECA program which
-..
2
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.
.
.
was approved by the City Council on January 10, 1995 per Resolution No. 17784, nor
shall Rohr be obligated to the City to perform any repairs, maintenance, or make
alterations.
Rohr reserves the right to keep and maintain, at its sole cost, a water sampler in the
boiler room of the Subleased Premises; provided, however, Rohr Agrees to indemnify,
protect, defend and hold the City, its employees, contractors and representatives,
harmless from and against any and all damages to property or person arising, directly or
indirectly, from Rohr's negligent maintenance of such water sampler on the Subleased
Premises.
Rohr does not guaranty nor does it assume responsibility for the maintenance of the
telephone cables/lines from Rohr's main switch point to end within the Subleased
Premises.
No structural improvement or alteration nor any non-structural improvement or alteration
in excess of $10,000 of the Subleased Premises sh~l be made without the prior written
consent of Rohr and the San Diego Unified Port District. Prior to the commencement of
any substantial repair, improvement, or alteration, City shall give Rohr at least two (2)
days written notice in order that Rohr may post appropriate notices to avoid any liability
for liens. Rohr may, at its option, ask the City to either remove or leave the
improvement unless consent to leave improvement is obtained at the time of project
approval.
8. Indemnification of Lessor. Rohr and the San Diego Unified Port District shall not
be liable for any tlllmllge or injury to City, or any other person, or to any property,
occurring on the Subleased Premises or any part thereof, and City agrees to hold Rohr
and the San Diego Unified Port District harmless from any such claims for damages or
injury, except to the extent caused by Rohr or the San Diego Unified Port District, their
employees, agents or contractors.
9. Indemnification of Citv. City shall not be liable for any damage or injury to Rohr
or to any property belonging to Rohr, occurring on the Subleased Premises or any part
thereof, and Rohr agrees to hold City harmless from any such claims for damages or
injury, except to the extent caused by City, its employees, agents, sublessees or
contractors.
10. Jn~nr.mce. Rohr shall, at its expense, secure and maintain in effect during the
entire term of this Sublease, full replacement value insurance coverage for damage to the
Subleased Premises including loss or damage by fire, lightning, earthquake, floods and
"extended coverage". In the event of such damage of the Subleased Premises, either
party may upon written notice to the other terminate the Sublease.
3
/8--'
City, at its expense, shall secure and maintain in effect during the term of this Sublease
an acceptable public liability insurance to protect Rohr and City against claims or ..........
liabilities for bodily injury, including death and property damage, in any way arising out
of the ownership, maintenance or use of the Subleased Premises. Such public liability
insurance shall be written with a combined single limit of not less than $5,000,000 each
occurrence for bodily injury and property damage except to the extent caused by Rohr
or it's employees, agents, or contractors. Such insurance shall name Rohr as an
additional insured and shall provide for at least 30 days' written notice to Rohr prior to
any cancellation or reduction in coverage.
Certificate of insurance evidencing the foregoing shall be furnished Rohr prior to any
use of the Subleased Premises by City. The provisions of this paragraph shall not in any
way limit any of City's obligations or liabilities under this Sublease.
11. Utilities. City shall be responsible for the payment of all utilities, including
water, sewer, gas, electricity, heat and other services delivered to the Subleased
Premises, except for the period beginning May 9, 1995 and ending June 30, 1995 for
which, in no event will the City be responsible for" payment above $2,000.00. For the
period beginning July 1, 1995 electricity and gas shall be paid by City to Rohr based on
an annual estimated consumption, derived from a standard acceptable to Rohr and the
City, prorated monthly, and adjusted periodically for actual rate increases.
Notwithstanding the foregoing, in no event shall City be responsible for payment of
utilities in excess of the amount allocated thereto in the budget for the City's use of the
Subleased Premises for the BECA program which was approved by the City Council on
January 10, 1995 per Resolution No. 17784, provided however, that if the payment due
for such utilities exceeds said amount, Rohr may terminate this Sublease with thirty (30)
days written notice.
..........
12. Trade Fixtures. Any and all improvements made to the Subleased Premises
during the term hereof shall belong to Rohr, except personal property equipment and
trade fixtures of the City. City and BECA participants making use of the Subleased
Premises, may, upon termination hereof, remove all such trade fixtures, but shall repair
or pay for all repairs necessary for damages to the Subleased Premises occasioned by the
removal.
13. Damae:e of Premises. In the event the Subleased Premises shall be damaged more
than 50% from perils covered under the property insurance maintained by Rohr, prior
to Rohr's commencement of the necessary repair or restoration work, City shall have the
right to terminate this Sublease in the event that City reasonably determines that the
extent of the damage and/or the likely timetable for its repair makes City's continued use
of the Subleased Premises for the BECA program impractical or impossible.
14. Condemnation. If any part of the Subleased Premises shall be taken or
condemned for public use, this Sublease shall terminate as of the date the condemnor
4
..........
10 - 10
.
acquires possession. All sums which may be payable as a result of any condemnation
shall belong to Rohr, and City shall not be entitled to any part thereof, provided
however, that City shall be entitled to retain any amount awarded to it for its
improvements, trade fixtures or moving expense.
15. Hazardous Materials. City shall not handle, use, store transport or dispose of any
contaminant upon the Subleased Premises, except for ordinary janitorial supplies, office
supplies or materials needed for improvement of the structure. Any handling, storage,
use, transport or disposal of such contaminants, including janitorial supplies and office
offices, shall comply with all applicable environmental laws and regulations. Small
quantities (less than ten (10) pounds or less than one (1) gallon) of contaminants may be
brought to the Subleased Premises for demonstration purposes provided they are not
stored, handled or disposed of on the Subleased Premises. "Contaminants" means any
hazardous substances, hazardous materials, hazardous waste, hazardous chemical or toxic
material that is regulated under any federal, state, regional or local environmental law
or regulation applicable to the property.
.
City shall be liable for and responsible for any contaminants placed, generated or located
on or under the Subleased Premises by parties other than Rohr or the San Diego Unified
Port District, their employees, agents and/or contractors, which occurs during the term
of this Sublease. Such liability shall include but not limited to: (i) written notice to Rohr
of the presence or potential presence of such contaminants; (ii) cleanup, including
cleanup of ground water and removal from the Subleased Premises; (Hi) cleanup and
removal from any area of any contaminants generated during or as a consequence of
City's operation of the Subleased Premises; (iv) sole responsibility for obtaining all
authorizations or permits, except for storm water runoff permits, as provided for below,
for the Subleased Premises; and (v) sole responsibility to keep the area clean. Such
responsibility shall expressly include the prompt cleaning of oil stains, coolant, or spilled
gasoline, fuel, or oil. City shall prepare a Best Management Practices Plan (BMPP), if
required by the appropriate regulatory agency, and assume obligations for carrying out
the provisions of the BMPP, as well as any sampling and monitoring requirements for
the Subleased Premises.
City shall defend, indemnify and hold harmless Rohr and the San Diego Unified Port
District, their officials, officers, agents and employees from any and. all responsibilities,
damages, claims, froes and liabilities, including without limitation, any cost, expenses
or attorney's, regardless of ,whether a final order or judgment is issued in any way
relating to or arising out of contaminants placed, generated, located, handled, stored,
disposed of, or used on or under the Subleased Premises by parties other than Rohr and
the San Diego Unified Port District, their employees, agents and/or contractors during
the term of the Sublease.
.
5
.. ,
j()-/l1
Prior to and as a condition of termination of this Sublease, City shall clean any
contaminant stains caused during the term of the Sublease, but excluding stains on the """\
parking or other asphalt surfaces caused by normal vehicle use.
Except for janitorial supplies, office supplies, and for construction supplies while
construction is occurring on the Subleased Premises, City shall be prohibited from the
storage, handling, use or disposal of any contaminants on the Subleased Premises, unless
expressly authorized by Rohr in writing. Any such express written authorization shall
be for a one-time, limited duration basis only. Any waiver of the requirements of this
provision for one chemical or contaminant shall not constitute a waiver of the provisions
of this paragraph for any other use, handling, storage or disposal of that contaminant or
of any other contaminant.
The attached notice regarding the Asbestos Notification Act (Attachment B) shall be
provided to every sublessee or licensee to any representative of the City of Chula Vista
or other person(s) who will occupy space in the Subleased Premises.
Federal laws require that a business obtain a storm water discharge permit if any
chemicals are handled, stored or transported in an area where any rainfall runoff could
carry the chemical or chemical residue into a storm drain. City shall not store, handle,
use, transport, or dispose of any chemical or any contaminant that would require a storm
water permit or impact Rohr's storm water discharge permit in any way.
16. Property Taxes. City shall pay to Rohr the sum of money equal to all property
taxes, which, during the term of this Sublease, including any renewal period, are levied
or assessed against the Subleased Premises including improvements and personal property
located on the Subleased Premises. Property tax payment schedule shall be:
"""\
(i) 50% of taxes due for the first year of the Sublease shall be due and payable
on May 9, 1996.
(ii) The balance of unpaid property taxes from (i) shall be due and payable on
May 9, 1997, 100% of property taxes due for the second year of the
Sublease shall be due and payable on May 9, 1997.
(iii) Taxes due for the third year shall be due and payable on April 1, 1998.
Payment of taxes due shall come from revenues generated from fees paid to the City by
incubator companies using the Subleased Premises.
17. Access. Rohr shall have access to the Subleased Premises to inspect water fire
main. In addition, Rohr shall have a key to the boiler room to maintain water sampler
and perform water sampling at all reasonable times. Rohr agrees to indemnify, protect,
defend and hold harmless City, its employees, contractors and representatives from and
against any and all damages to property or person arising directly or indirectly from
Rohr's negligence in connection with such access to the Subleased Premises.
6
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Ie = I~
.
18. Securitv Fence. City, at its own expense, shall construct and maintain a security
fence at the location marked on Attachment A to delineate the Subleased Premises from
the rest of Rohr. The fence shall be chain link, topped with three (3) strands of barbed
wire and shall be six to seven feet tall unless otherwise approved by Rohr and the San
Diego Unified Port District.
19. Additional Sublease Provisions. In addition to the terms and conditions set forth
in this Sublease, the City agrees to comply with and be bound by the fifth, seventh,
tenth, thirteenth and fourteenth clauses of the March 20, 1959 lease agreement entered
into between Rohr and the City of Chula Vista and by Amendment No.2 amended to
substitute the San Diego Unified Port District for the City of Chula Vista (hereinafter
referred to as the "Port Lease", a copy of which is set forth as Attachment C hereto),
which clauses are hereby incorporated by reference, except that as incorporated herein
the following terms, as used in the Port Lease, shall have the following meanings:
(i)
(ii)
the term "lease" shall mean this "Lease".
. ,
the term "Lessor" shall mean the "San Diego Unified Port District
and Rohr";and .
the term "Lessee" shall mean the "City"; and
the term "leased premises" shall mean the "Leased Premises".
(iii)
(iv)
.
20. Parking. City shall have exclusive use of all parking area, if any, located on the
Subleased Premises.
21. Consent. This Sublease is entered into by Rohr and the City subject to Rohr
obtaining consent from the San Diego Unified Port District to enter into this Sublease as
provided by the sixth clause of the Port Lease. This Sublease shall not be effective
between Rohr and the City unless and until such consent is obtained. In the event such
consent is not obtained by May 10, 1995, this Sublease shall be null and void.
21. Termination of Sublease. Rohr acknowledges and agrees that City's ability to
satisfy its obligations hereunder and to operate portions of the BECA program at the
Subleased Premises is entirely dependent on funding from the Federal Economic
Development Administration, California Trade and Commerce Defense Adjustment
Matching Grant Program and City of Chula Vista Community Development Block Grant
Program. In the event that City loses all or any portion of such funding and is therefore
unable to fund its obligations under this Sublease or to otherwise fund BECA program
operations at the Subleased Premises, City shall have the right, effective the date thirty
(30) days after sending written notice to Rohr, to terminate this Sublease. In the event
of such termination, City shall not be in default hereunder and shall not be responsible
for any damages or penalties other than the Sublease costs and obligations provided under
the Sublease up to and including the effective termination date.
.
7
,.
/0-/3
Notwithstanding any other provIsion to the contrary, this Sublease is expressly
conditioned upon the continuous agreement of the San Diego Unified Port District to ~
lease the Subleased Premises to Rohr, at no cost, under the provisions of the Port Lease.
Should the San Diego Unified Port District elect to charge Rohr for the lease of the land
or terminate the Port Lease, Rohr may, at its discretion, terminate the Sublease. Upon
termination of this Sublease, City agrees to surrender the Subleased Premises in as good
condition as received and at Rohr's request to remove all improvements is obtained at
the time of project approval.
22. Subordination to Master Lease. The Sublease shall be and remain, subject and
subordinate to the terms, covenants, and conditions of the Master Lease between Rohr
and the San Diego Unified Port District, and furthermore, in the event of any conflict
or inconsistency between the Sublease and the Master Lease, the provisions of the Master
Lease shall govern and prevail.
23. Notices. Any notices required or permitted pursuant to this Sublease shall be
made as follows:
A. If to Rohr at: Rohr, Inc.
850 Lagoon Drive
Chula Vista, CA 91910-2001
Attention: General Counsel
B.
If to City at: City of Chula Vista
Community Development Department
276 Fourth Avenue
Chula Vista, CA 91910
Attention: Chris Salomone
Community Development Director
~
24. IN WITNESS WHEREOF, the parties have executed this Sublease as of the above
date first written.
CITY OF CHULA VISTA
ROHR, INC.
By:
By:
Typed Name:
Typed Name:
Title:
Title:
M:\shared\commdev\Rohr3
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ATTACHMENT' B
.
ASBESTOS NOTIFICATION ACT
The California Asbestos Notification Act became effective January 1, 1989 requiring
owners of certain buildings built prior to 1979 to notify occupants of any known
aSbestos-containing construction material We have taken an active approach through
the use of an independent, California State-certified contractor, to identify and locate
within buildings, those construction materials containing asbestos.
These materials present no health hazard unless they are disturbed by cutting,
grinding, drilling, or other activities that would cause the material to become airborne.
Modem medical science has established that inhalation of airborne asbestos fibers at
certain concentrations over periods Of time may cause lung cancer or other lung
diseases.
Because of this, we are informing all occupants 0( this building of the safe work
practices that should be followed to avoid disturbing asbestos-containing construction
materials in the building:
. Avoid touching and/or disturbing asbestos material on floors.
. · Do not drill holds In substances made of asbestos-containing materials.
· Should you notice any damaged or deteriorating asbestos-containing material,
report it to the Safety and Industrial Hygiene department of Rohr at 691-2287.
,
Only persons authorized and properly trained should perform any work with asbestos-
containing materials. Environmental regulations apply to the removal of asbestos-
containing materials.
For your information, a brief description of the materials which are known to contain
asbestos that were found in this building (Rohr building 52) are listed below:
Locatiof'\
Asbestos-Containina Material
85% of building
Lobby
Ught brown floor tile
Brown floor tile
As we continue to renovate and refurbish these areas, these materials will be replaced
by non-asbestos-containing materials.
.
Asbestos surveys, results of bulk sampling, and air monitoring conducted in the
building are available for review during business hours in the Safety and Industrial
Hygiene department of Rohr, Inc. Call 691-2287 for more information.
10 - /7
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ATTACHMENT C
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T!D!;L.~~D LE;;;~:.p~_i~i~:3Si=~=~':.~
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TiiIS AC1tfl.~JEIT. :ade an~ cnt~red into ~'1i:s /? if day of
(},../;.t~, 1965,. ;.y '.ll:c :l:"~""ell 63 SA!! DIEGO UNIFIED PORT
DISTRICT, a public corpora~ian, ac~~z by and tbrough its Board
of Port Co=iuioners, IlcrcinD;;:tcr called "Lossor", 2nd RO~
CORPORATI01I, a Califomi:l 'coTporation, hereinaf;:er called "Lessee",
IfJTlIESS~:
,
h~~AS. th~ City of C~ula Vista, as Lesso!, and Rohr Air-
cr;lft CorpoT::!.tic:-:. as Lessee, on the 12th clay of ~1arci1 1945,
cnt=r~.j .:.nl:o .:i. L~cse of ~?pro^:'I:ja~el)' 1.4 acres of tid~lc:.:ids; a:;;.d
l;~':;:]EAS J the City oi .::n.la Vi:> ~~ a3 LC5':;~., i!;].<;} the Ronr
,urcr:1ft Corporation as Lessee, Oll t!le 20tl1 d:lY of :.,arc.'1 1959,
entered into another lease of approx1Dately 8.8 llCres of tidelands;
and
lr.clEREAS. said Ilohr Aircraft Corporation lias since changed
its lezal name to Ronr Corporation; ~~d
WHEREAS: the City 0: Ghula Vista ~s Lessor~ a4Q nohr
V" Corperatio:! 35 Lessee, on the 15th day of ;iay 196Z, entered intc
a First" Amenchaent to Lea.se Agt'C:e1il~nt., ",hici1 said First Amendnent
prt'vidl!d for the addition of the tideland arca of appra:d..ate1}"
1.4 acres covered by said lease datod lZ March 1945; to said 1eD;se
dated 20 Marcll 1959, at 1:....0 ex;>iratiOll of Uo last option:J. ;:am
of said lease ~cted 12 ~3rch 1945; and
WHEPJt(S, the City c= C~ula Vi~:~ as Lessor, ~d Rohr Cor-
poration as. Lessee, on t:h~ S~i. d;y o~t!ov~"~r~2, ent.cred in'tc
a ~odification cZ t=~sc hir3escnt, ~nich S$id'~odification pro.
..ic!Cd
of r~n~~l ccv~ri&~ ~~e s~id ~idcl~nc~
t!1=
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area of ap~roxizatcly &.8 acres included unuer ~er~s of the
aboytJ-tl.c!~tioa~d le:r.s3 c:lted 20 rtarc.il419SS, It'llicil ~aid tidelAnd
a~oa of B.S acres is hereinafter designated as P~rcel No.1; and
nriEaEAS, all of the leased ~re2ises have been tr~nsferred
to the San Diego Unified Port Distri~t under tne te~ of the
"San Jiego Unified Port Qistrict Act", Stats. 1962. 1st Ex. Sess.,
c. 67, as amended; and
W1lEREAS, Lessor end Lessee are JaUtuelly desirous of further
....,ndiu: said lease dated 20 ltlrcl1 1959 by lIOdifyillg the le:.al
description thereof, and by providin:; for the rental of said
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:o!.odificd :lre::l.
N0;'j TiiEREFORl; t in ccns :cie r~ tion cf the ?rejj~iSe5 ana oat tc rs
p.nd thi~lgS a~rciI! recited, ane. ~it~::. !!:e :,~u,[u.::l.l cor..sc::t c..f t~e
parties, Lessee ~ttorns to the Lessor as l:UGlord, and said
above-described lease dated 20 Jlarch 19~9 is hereby furthn
lIllIOnded in the following rospec:1:s and nO others:
1. rue first Ul1:1trDberod para:raph follmng the word
, "WIT:iESSE:7ifl on l'3.ge one 2.5 ~endcd by Pa.ra.t:r~;,il n (:t) II on. ~h.e
first !.:...;,nu:::.b~rcd ?atie of Fir5t Amencl::er..t 'to L~:!:..-e Agre-eccnt,
........
l.."hic11 sJ.id .~end.ceat is dated 1.5 :'!ay 1962, is a:.-::::nded to re<?d
as follotls:
Lessor. for the consideraticns heroinaf~er set forth,
Itereb)" leases to Lesse" for the tem and upon the condi-
ti~s hcrcin~ft"r set forth, a portion ef t~ose leads
co~v"ycd to tlle ~~ Diogo Unified Port District by that
certa~ Act of the Legislatur3 of the St~tc of Cali~c~i~
entitled "Szu Die;o !J:1ified Port Dis'tric't Ac'tu. Stats.
1962. 1st zx. Sess.. c. 57. as ~e:lc!cci, ~!tic~\ lands are
':.'!J:-~ ?C!.1.t:'(,1:~::.=1i" c!~::c=i'::~:l ::~ =O!!C-::5:
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:.;'.::~::::.i:::..:-.~2v 5~?J~~~ :n.:r::--, -::'~t;t: o,~ 't:.~c1~nd
are~ in the City of Chuia Vista, California,
~or~ parti~ularly ~~scribed in a ~~o parcel
le~~l d6$cri~tion ~d delineated on DrQ~in"
Mo. lOll-D.~ted 22 S~pt~~b~r l~SS. attac4;d
hereto marked :;illbit.s "en and "V". and by
this referenc6 aaCe & part hereof.
2. ?arcgrapa .Second" of said le&56 ~tcd 20 March 1959,
:IS a.o:ell<ied by Paragraph "(c)" of Firs't ^"endmeIit to L6ase Agree-
ment, as the SaEO is set forth on Page 2 thereof, which said
Acenement is dated 15 May 1962, is hereby deleted ia its entirety
and the . following substituted therefor:
.Second. As and for the rental and for and in
consider~tion of ~e leasing afores~id. Lessee agrees .
~o pay to Lessor the tollo~ing sue annually, in advance:
,.,
41. First tilrOU;;:l the third years, one ~,d. one-
half cents (1...1/2;) (Ier so.u~re foot per yea,:".
,~.~~.; ~.".
b. Fourth ~hrough the sixth years, t~o cents
(25) per square ioot per ye~~.
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56ycn1:l1 mrouF the ten1:l1 ,.ears, two and one-
half cents (2-l!Zi) per square foot per year.
Elnenth through the fifteenth ,..ars, three
conts (3t) per square foot per ,.ear.
e. Sixteenth through the twentieth years, three
and one-half cents (3-1/2t) per square foot
per ye:1r.
c.
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f. It is ~u~aally agreed th~~ on or b~fore 1 November
1965, Lessee shall pay the proportior.:1.e rental
due for the period cosmencing 1 Septea~er 1965 .
and ending 31 May 1966, which s~id.rental covers
the additional area of 68,007.92 square feet added
to Parcel No. 2 of the cielJi:sed prelllises by this
leue uexuiwent. .A::::nc.aent No.2,. and thereaiter
annual rental pa7"ents covering Fared No. 2
shall be dUe on or before June 1st of each rear.
Such rental payments sball be based on the rates'
set forth her~lnaboYe. .
In the event Lessee shall exercise its option
to renew this lease for :my of tile above-mentioned'
ten (10) rear renewal terus, the rental to be pa~d
by Lessee during each of sai~ teres $h~ll be sucn
as shall be ~utually n~reoo upon by the parti~s
h~reto at leest ni~ety (90) e:1Ys prior to ~~o e:pirn-
.tiGn of ~~~ p~ec:~ing ~cr~.
.
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In Li.e even't t.h.&.t an. ~~ee~ent cannot bd reacited
a't a."lY of tne times Jercin:!;'ov.~ tlcntioned, then tl~e
~~tter s~all be ~ter~ned 0, sub~issicn to a bca~d of
arbiters consisting of ~~ree ae~oers: One a:biter
shall be selec~ed ~y Lessor and cne ey Lessee, and the
two arbiters so selacted snaIl select a third. the
decision of such board shall be final and both Lessor
and Lessee shall be bound taereby."
3. This Aoendment hO. 2 to Leasd AzreeQen~ shall becoMe
effective as of the 1st day of September 1965, and except 'as
specifically U2ended hereinabove, all the teras and conditions
of said lease dated 20 March 1959, as previously. aae::tded. snall
remain in full force and effect.
APPROVED as to iorI;l
.....d legality.
/?}J, J
LYe /(...:.;'.__ /./ 1965
AA.:.TW;: ;i. REESE
po~
lIy. ~
D. PATEUO
Assistant Port AlIomey
..... .r ..
$A.'! DIEG:ZU;; frED "dORt DiSTRICT
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3y "'!!l.o\"- '~4
t:U;q;'v<e u:r~c'-,/
RO~R COrlPa~\TION
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TriI3 L&.S~, ...de and onte....d into in triplicate this ~day of
/?J,/[./, 19JY', by and between THZ CITY OF OrJl.A VISTA, z cunicipal
corporation, nerainafter called the 'L..sor', and the noHa ~Rr-RAFT
COilPORAnC:l, A California Corporation, hereinafter calle" .the "Lessee',
!! 1. ! 11 .s ~ ~ ! ! Ii:
., That the Lessor, for the considerations heruft..:.set forth, heroby
.. leases to the La.,.e for .the tara and up.;n the conditions hOlrao!br set
..' . . forth, " portion of thou c,rta!:l lands bordering and extlrnding ir:ta the
.. .
j. Say of San llhgo and baing a portion of those lands conveyed ~o the City
"
of Chub Vista.
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in trust, by. tho State of Cal1~om1a u.nder t.'l. provis1on.
of the Legislat-.:ro of the State of California, .which
of various Acts
lea.od lznds are more p.rticularly~escri~ed in Exhibit 'A' attached
hereto and which by this rei:::renc'J ::I~d~. .l! p-3rt hereof, an-j w~tch w.~y b~
refe:Ted to hereinafte!" '<:'5 "prej~ise:;..
TO HAVE ~ID TO EOLD said leosed precise. far the ta~ of this l...e
and upon the conditians as follows:
;
. First.
The Lessor shall fill tb4 land desc:lbed in EXhibit "A" ~~
the gra:le, including drainage fadUties, substantially In accordance
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with th., plans and specifications on fne in the office of the City Cnglm
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of the Le..or, numbered A-181 C'9rainago In Tideland. Fill _ Bay Area"
dated 2-25-59; "Rohr aay Front Fill - Log No, Q6780.; '~hr _ aay Front
l'.!.ll1ng'- Log ~!o, 9(780). Lessor agrees pre::;ptly fo110\.:n9 t.he necuti:>n
of "thi. leas. to diligently procee" with said work. Following completion
of said worle, the effective datel:pen tohich the tem of this lease shall
COKmence shall b. the day the Lessor serves notice upon the Lassee that
.ald worle has been c~leted and said premises are available to tho Less&
" I
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~'Th. tem of this loue shall be for twenty (~) years. frora the effective;
date set forth above; provided, however, that t.~e Le.se. .hall have the!
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right and option to .xtend said term for three (3) addItional te::s o~ .
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tan (10) years each, to c_ence at the expiraUon of each of U.e tems
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herein previd,,", SUbject however, to th"r& being in existene. at t..... tine
of said extension., legislative authority authorizing .aid extensions.
Said options to extend .hall be oxercised by Le.."e giving notice in
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writing to the City Council of Lessor at least ninety (90) days
:;
before the expiration of each of the terms hereir. provided. Upon
exerci.e of said options this lease shall continue in full force
and .{{ect in accordance with the terQ. and conditions hereof,
including the adjust~ent in rental as herein provided.
Seccnd.
As end for the rental and for and 1n consider.tion
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o{ the leasing aforesaid, Lessee agrees to pay to Lessor the
following su~ annually, in advance:
.'
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. First through the third years, or.e and one-half
cents (1-l/2~) a sguare foot.
-' -.----- .----.
Fourth through the sixth. years, two cents (2~)
------- . ------------.----
2. squ2re foot.
Seventh t~rou9~..the.__te_n!_h y'.~ar.s, two and cne-half
.-. .-- ". -. ._._-~-------
. 5.~.rtt~J2::U.2tL!...~u~~..!~t~_
Eleventh.. through the fifteenth years. three
--- .....--oO ____________
cents (3~t,!_~~y~~f~ot.
..--.---
Sixteenth through the twentieth years, t~-ree and
.. ..-.. .".- -. ..-.". -.. --," _....._.-......-.~--_.-
one-half cents (J-l/2?) a square fcot.
-- -......-. ._.------ ---.- - . -.. ----....--...,..-. ...
In t~e event Lessee shall .xercise its op~ion.to renew this
1.... for any of
the above mentioned t~n (10) yea~ renewal terms,
~-~
paid b~ L....8-durin9-eac~ n' caid_~eDQs shail
the rental to be
be such as .hall be mutually agreed upon by the parties hereto
---------.... ---. .-.-
at l.ast ninety (9ol ~ay. prior to the expiration of the
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pr.c.ding term.
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In t~e event that an .grec~nt cannot be ro~ched at any
. of the ti:e$ h~N!n3.bove lIIenticned. then the ....tter shall be
determined by submission to a board of arbiter5 consisting of
three ;;Hoben I One arbiter shall be seleeted by the C1 ty
Council of th! Lessor and one by t~~ L03sce. and tho two
arbiters so seloct~~ shall select a thir~. r~~ doelsion of
such board ~hall bo final and both the Le~sor an:! t.',e Lessee
shall be bound the~by.
ThirJ. Les,se. is her..by qr81lte:l the right to use $:l1d
leased pr.mises for c~ercial. or industrial an:! co~eroi>UL--
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purpose~, and for roo other purpos~ what~oev~r wlthcut t~~ con-
sent of t~c City Council of the Lessor ev1d~nccd by re~ol~~ic~
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first hed 3n~ ootainod, and i. permitt.d to build all p=o~.r
and useful facilities suitable for subject purposes, together
with rights o{ insrau and egnss.
Fourt.>t. It 1s cutually IT-'OK that the Lessee aay, at
1ts own ex~nse, I113lce any alterations or chanqes in the leased
premise. or cause to be built, made Or Instdled theNen any
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other buildings or other structu=es, or soy m~ch1nes. G?p!~ance~,
.._.____.._.._ .__ ___n h..__ _______.___ . ~____ _____.--~....
ut111tle.. signs nr oth~r iCyrov~ments.n~ces5ary or d~,ir~ble
."
for its use of said p~ises, and eay alter and ropair any such
buildings, structures, lIIachines and other ilI:prevements.
Fifth. Lessee agrees that it will at all t!aes save
Lessor {ree and hamess and indto:n1fy it against all ch1:s for
labor or lIaterials 1n cOMection with 11:lproYelllents, Npain or
alterations installed or constructed by Less.e on the leased
premises, and the costs of defending against such claim., includ.
ing reasonable attorney's fees.
In t."e event that a lien is recorded under Chapter II of
Title 4 of fart 3 of tha Califcrnia Codo of Civil Procedure
againlt the leased pnmJ.ses for work "eMoI'llled and contracted f .~
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by Le.soe and the lienholder atte:pts to perf~ct such lien by
a la~sult and the Less~. has failed within forty-five (45) cay.
following the entry of final jud~ent in such lawsUit to ~atisfy
or otherwiso stay said jU~gment, Lessor shall have the option to
tezr4nata the lease.
Sixth. The Lessee Agrees not to assign or transfer the
whole or any pert of th1$ lease or any interest therein, nor
to subleasa the whole or any part of the leaaed Pren!sas, nor
to permit the occupancy of any part thereof by any other per-
son, without the consent of the City Council of Lo,.or evi-
denced by resolution, first had and obtained. Lessce further
sgree~ that no ~~slg;~~nt. voluntarr or involuntary, in whole
OI"' 1n part, of thIs le.2.se 0::' ~ny interest th~rein, and no
sublease of the ~ole or ~ny part of tho loa sod pre:i.os an~
no pe=1ssfon to any person to occupy the ,""ole or any part of
the le~se.i precd.ses, shall be valid or effective, without the
sdd consent of the City Council of Leasor, first had and
obtained. In the event Lessor shall refUse to cOnsent to an
essignment or sublease of all or part of said premises wh.n'"
the prospectiv~ aSGigne~ or sublessee shall have indicated E
proposed use which would be pex=itted under the zoning ordinance
of the City of Chub Vista and authorized for tld<>lands Use
then Lessee may terminate this lease as to the portion of the
premises to bo covered by such assignment or sublease and rental
pa)'tlents therefor shall be adjusted pro rata to the date of
such r.fus~l, such te=1nation shall not, however, relieve
Lessee fro= its obligation with respect to the balance of said
promises for which Le.see shall be liable for the payment of
rent at the nntal schedule then in effect,
SeVenth, " It i. IlIUtually allreed that the Lessee shall hep
.nd lIlai~tain all '~prove"'ents of any ldnd which may be encted,
installed or made thereon by~h. Les..e in good and substantial
repair and condition, inClUding the painting thereof, and shall
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make all necessary rep~irs and alterations the~to. and that
the Lessor shall not be re~Jired at any tice to cake any 1=prove-
aents or repairs whatsoever on or for the bonefit of the loa.~d
preod...s. except that Les.or will aaintain its drainage facili-
ties thereon. Lessee further agnes to provide proper containers
for trash end garbage and to keep th~ deodsed precise. free and
clear of ~b!:lish. deb:1s and litter at all times. Tho Le~sor
shall at all times during o:d1nuy business hours have t.". right
to enter upon and to repalr and Claintaia its drainage lines
and to inspect said premises. ,ubject to the then existing
liational :;.,eurity reGUire<:cnts of the United Stat"" Govor=ent.
I
Eianth. Should the preQise. or any portion thoroof for
any r~!son beyond t~e cont~ol 0: Lossee be ~4ce nonusable :or
~Ie pu=pose of this lea3e for a period in exce1S of sixty {60)
.
days. Lossee shall notify Lessor, ~no shall p~~tly remedy
auch cDCldlUOII. In tho ewnt. uncir shall fill to Z'OlWcIy uid
condition or .hall faU to agne with IAs... to ze:Itlcly tho situa-
Uon. LeSll~ shall haw the right to remedy the aituatiOll lle"'ld.
deduct the cost frOl: subseo:;ent rental paY"ents Or shall have the
option to to~lnat~ ~~1, l~ase. In such avant Lessee shall
be liable ior rent up to the effoctive data of tor=inatior. ~nd
sh~ll be entitled to an ic=ediate refund of the total una=ortizod
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balance of the advance rontal parcent. Lessee shall eloct within
thirty (30) days after the event or occurrence causing the nen-
us. 1Ihether or not it will temlnate this lease or alloll it to
reIldn in full force and effect, In the event of continuance an
abatement shell ~ cade in the rent corresponding to tl,e ti::le
during which and the &xtent to which the procbe. could not l>e
used by the Less.., sald abategent to be on a pro rata basis if
during an annual :rental period, and at the then applicable rate
per S~Jare foot.
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lIInth. It h Illutually agre.d tMt any installation or
_.,._"i::>prv"''2~I!t. ;>be8,j ~n the loa.ed p::-elll1..s sMll be and remain
th. P:Oi"'rty or Lescae. Leu~ agrees to re...ve any such Instal-
lations or icprove::>ants wi~~in thirty (30) ~aY' aCter tho expira-
tion of this leaso or sooner t.~lnation t~~rooC, should Lessor
request L,ssee to do so 1n wrIt1n~, and should Los.." Cail to
do so, Los.or ~h.ll ~av. ~~. right t. s8l1, r~=ov~ or da~o!ish
the same ani Lossoe .~~.s to pay Lessor any oxpanso incurred
th~NW1t.'l provided, bOWilV'U, no~':1ng shall prevont 1A"!le.. and
Lossor agrooin9 at any t!=e upon t~e a~andonMent by Lsssee of
any L~rovo~.nts or portions ~~eroof in which eVilnt Less~e
shall IHve no Curthar obligation or IhbiHty the",,!n or t;",re-
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for and p~ovided f~rth~r that n t~~lnation und~r the pr=vi:.ions
of ;>a:~9ri1p~ F.ift~~!lth mlow shall not =e<;'Jire a =~::Joval of
5uch installatlQns or L~zovemonts by L~Jsca.
Tenth. Losseet agreets t.'tat upon t.'l. expiration of t~.1s
lease or tho sooner t.m1natlon as hoNln prov1dod. it w1l1
witl-.1n thirty (30) days rtllllOv. aU dobris. surplus:a."ld salvage
..ate rials from the lea..e1 property so as to leav~ the SZQ. 1n
~
8S good ~ c~nJit1on as ~hen fl~t occcpi~d by Lo~~cc; provldoj.
howaver, ~~at IC any of said debris, su~~lus or salva9~ v.aturials
chall not be so reooved within th!~y (30) days by Lossee, the
Lessor m.oy x'egove and/or ".11 and/or destroy the s~.. at tbe
..xpense of t.~.. Les..... and the Lessoe hereby agross to pay to, the
Lossor the reasol>.bl" cost of any such re:::oval, .ale ar d..struc-
tion/ or at the option of tho Lessor th.. title to said debris,
, surplus or salvag.. t.'.4terials not :re:oved shall bocrnoe tho prop-
..rty oC the Lnsor and titl.. therdn shall rest in th.. Lessor.
Eleventh. The Lesseo agreQs to pay before delinquency
all taxes and 4ssess..snts'assassed or l..vi..d upon th.. L..ssee or
the leased prea!s.s by reason of any ..achines, appliances or
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other !=provements of any nature wh~t30ever er.ct.d, installed
or ~intained by L~ssoe ~r by ~'son of ~he bU.in.s. or ether
activities o{ Less8~ upon or in connection with the said pre-
Qi.es, anJ to pay any fees ~sed by law {or licenses or
per::1ts f,,::, any J:;us1no~G or activities of the Lessee upon the
loased p~iaes or under this lease, and to pay betoro d91in~oncy
eny and all c~rse. for utilities at or on ~~e loa sed prem~5e..
T""elftl:. It is :mItually agreed that in the ewnt tll.
Lessee is adjudicated bankrupt or Insolvent or ....I:es . any gon"r"l
asdgn;:ent for tho Mncfit of cl"editors, or in the event of
any judieid sale of tl:e Lenee's interest under this lease.
this loe.. sh.ll at the option o{ tro Lessor i~?odi.tely termin-
ate ~nd ell rights of the L~1St'~ he~tmder shall 1:'";i~!!'dI2t~ly
coaoe end te~~ngtc.
.
Thirteenth Except for the negligent ects of Lessor or its
agents, t....e Lessee agrees that the Lessor shall not be nor be
held liablo for my dellll190 to the goods. pl:OperU.s or effects
of the Lessee or any of the Leasee's representative., agonts,
e~ployees, guests, licensees, invitee. or of any other perse~
~h~t~ocver. nor for personal InjuriGs to or deaths of them
caused by o~ reselting fron ~ny aet or 0=1ssion of any person on
the preaises or {reo any defect in any part thereof. The Lessee
further agrees to indemnify and save free and harela.s the Lessor
and its authorized agents, oificers and employees aginst any of
the foregoing liabilities an~ any C01ts and axpens~s incurred
by tho Lesso::- on account oi any cla!:2 or claims thnrefor.
Founeent.'>. Tho Lessee' a9roes ts take out l'ubUc li.tbili ty
insurance with an insurance carrier Goti3factory to Lessor to
protect against 10$s fro~ UebIlity impoaed by law for damagos
on account of bodily injury, inclUding death resulting therefrom,
suiferod or alleged to be suffered by any person or persons
.
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)
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what.oewr resultinq directly or indirectly (r::r.l any act or
activitius of the Lc~s~e or any pcr30n 8c~in9 fo: it or ur.jcr
It. cCllt:'<ll or cilro:ction, or any ponon author<..zod by It to use
tho lca~od p~ses. ~d also to protect aqain3t loss ~rcm 116-
bil!ty 1n;>o.ed by law fo:' datla90s to any property of any po:'Son
c;:i:\.!:i~d :i:t!ctly :J::" indi:::c~tli" by or f:o: the acts or activities
of :th:J La:-.so.: or ~ny ~r:;O;J. or &Joy por.on ~ctlng for it or
unjdr its control or ciroction, or any porGon authorl:ed by it
to Use the lea."d p~~es.
,Sucr. 'public l1.1bllity and pr:>p..rty d.""'qo ll13uranco shall
be maintained in full for::o and e{foct durins tho enti::-c '::~= of
t~i.s l~a-;., in .J::Jounts of not lc=.s t~l~n 5100,000 for cnc p::'!":Jon
inju::eJ in ono accld::ont, ,<lod not lC:l~ than S3OO,OOO !c-: !'::o:-~ t!-.an
ono pc~on InjureJ in one acciu~nt. anJ in the a~ount of not less
than S25,OOO ~ith r.!sp=ct to any property da:oaqe aforesaid.
Certif1C4tcs of aucb insurance shall be f!i~d with tlte
Leuor anl! shdl b4 saU.factory in fom to the Lessor. !:aid
polic1es shali hava a non-ca:tceUation-without-noUce clause and
shall pr-ov!cia that co;>ies of all cancellation notices s,all h~
st?nt to Lessor fiftet1n (15) d,)yc prio::- to c~nc~ll~tion. Tb~
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Lossor shall be nar.eJ as an a~ditional insured on said ins~=ance
policy.
Provisions of this paragraph as to malntena:tce of insurance
shall not be construsd as limiting 1n any way thll extent to
whIch the Lessae ...y b. hald r</Gponsible fo: the pay::ll!nt of
4.8lllaq85 to persons 0: proparty resl:lt1ng frea ib act1vi~ies or
the .ctiviti~. of any person or persons for wIIich It' is othe:rdse
responsible.
Fiftaonth. If at any ~e during the tera of this lease,
or any extonslon thereof. the tanancy horeunder shall become
inconsIstent with the trust endor whIch ~~e said ticelands are
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hold C~ the Stote of California, ~~e Lessor shall have the
right to te~nate thIs leaso upon one (1) year's notice and the
payment to the Lessee oC reasonable compensation which shall be
based upon end l~ted to c~nsation Cor the actual value at
the tiClC of the temination of ~'lis loas. oC sue.'> ~rov~nts
con.tr4cte~ upon ~~u demised prom1... by the Lessee. a. are
8v~~ori:ed or pe~tted under ~~e te~s of ~lis lease, but
Ihall not be held to inclu~. or require cOQpenGatlon to ho pal~
in any acount to the Leuoe for Iny daa:ag. to or interfonnce
with or the loss of businesl or Crancld.e occasioned by any
such termination. In ths event an agreeoent caMot be reach~d
as to the a:lount 0: cO"'l'ensaUon for actual value at the 'time!
of tc~1nationt the oattcr should ba submitted to . board cf
ar!:>i tars as de~cribec in paragreph '::;ccond !iereiroefon $et fOFt!-..
Slxte~r.th. lf the whole or a .~bGtantial pa:t of the
probes hereby loased ahllll be taUlI by any paragount publ1c
authority under the JlOIRr of em1nollt do=a!n. thell the tanl of
thls l.ase shall cease ... to tlte part so talcen. froll the day the
po.sesdon of that part shall be required fer any public purpose.
and the rent .hall b. paid up to that day, and froe that cay
the Lossee .~all havo ~"e right eIther to cancel this loa.e
and declare. the Slllle null and' void or to continuo .in the
. .
poueuion of the :reaainder of the SelIIe under the tel11lS horein
provided, excapt that the rent shall be reduced in proportion to
the aoount of the p:rea1s.. taken. All damages 8L~ed for the
tak1n9 of the feo of the premsos heroin leased OIId any coapensa-
tion for the di=inut1on in valuo of Lessor's lea.ehold interest
shall belong to and be the property of Lessor and all dam3geo
awarded Cor tho diQinution in value of tho Lesseets loasehold
interest and for the Iou of business and tho value of any build-
ing., st11lcture.. !J:1provecents or appurtenances installed by the
Les.e. shall belong to and be the property of the Lessee.
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3~v.nto.nth.. It is ~tually undo~tood and agreo~ ~~at if
any default bo ~ado 1n the p~y-~t oi th~ ~ntal he~ln P~~Vi~3j,
or in the perfor.:ance of the covanants, condition. or og:-eo"",ots
hereof, or should tho t.~."o fail to fulfill-in any caM..r tll..
u.es and purpo.e. for ~ich the .~id p~i.e. ere leosod e.
above .tatod, and such default shall not be curad within tweo~?-
(20) d3Ys after writton notice tl:er<>of, tho Lessor .hall "2ve
tho option to imR<Idiatdy t"nUnate th15 lease; and"t."at in the
o".,nt of such to:m1nation, tho Lessee shall have no !urt.~or
rights horeunder and the Lessee shall thereupon forthwit.'1 rO:::ove
froc said p:-emise. and shall have no fu~her right or c1.1=
thoreto, and the said l~sso~ ~hall !~cdiat~ly th~~~pon wit~~~~
recours>? to the courts hJve t~c right to :-~-~nt~r and t2ke tl~c
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pos~ession of ~~e leased preci~e$.
Eiohtoonth. The Lessee agrees t.~t upon the te:Ninat1on of
this lease by the expiration thenof, or the earl1er ter.:linatlon
.. by the t1l%::S of this loose provided, the r.cssee will r-acoably
yield up and sur.-ender the lened premisos and tho wole thQ~....cf
and allow the Lessor to t~~. poacoab1e possossion therevi.
N1not.,nth. It 1s ~utually a9re~d that if the Le"ee
shall hold over after tho expi:-ation of this lease for any
cause, such holding over shall be-de.Qed a tenancy irGQ tonth
to cont., on~y, at tho Sams rental per month end upon the Sa=l~
terms, conditions and provisions of this lease, unless other
toms, conditions and provisions be agreed upon in writing by
the Lessor and the Lessee. Such holding over shall include
any tice e=p1oyed by the Lessee to remove cachinos, appliances,
and other iJ::prove:lents, during the thirty (30) day perio:!
hereinabove mentioned for such removal.
t::..
Twentieth. It is IOUtua11y agreed that any waivor by
tho L.goor of any breach of anyone or core of the covonants,
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condition. or agreements of this lea.e shall not be nor be
const~ed to be a waiver of any subsequent or other breach
oC the sace or any other covenont, condition or agreemont of
this lease, nor shall any Cailure on the part of the Lessor
to require or exact full and complete compliance with any
oC the covenants, conditions or ag~eements oC this leaso be
construed as in ony manner changing the ter=s hereoC or to
stop the Lessor from enforcing the Cull provisions heraoC,
nor shall the tems of t.'lis lease be changed or altered in
any Nnner wha~soewr other than by written egreement oC the
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Lessor and the lessee.
Twentv-f!!"s t.
The Lessee agree. that in all activities
on or in connection wit~ the leased" premises ~nd in zll us~s
.
thereof, including the caking of any alteration. or changes
and the installation of any machinos and other 1=provo...nts,
it will abide by and confom to aU rules and regu1eUons
prescribed by the c::1ty Charter of the City of Qlula Vista, any
ordinances of said City, including the Building Code thereof,
I
and any general rule. of the Harbor Commission of the said
City end the Fire Department of the said City, and any appli-
cabla laws of the State DC California.
x
"iwentv-second.
It i. mutually egreed that any notice or
notices provided for by this lease or by law to be 9i ven or
served upon the Lesse. may be given or served by registered
letter addressed to the Lessee, attention Corporate Secretary,
ot the leased prcaises, P.O." Box 878, Chula Vista, California,
deposited in the United States aail, or ..ay be servod perscnally
upon tho .aid Corporate Secretary or any person hereafter
authoriud by it in oo;it1ng to recaive such notice, and that any
notice or notices provided by this leese or by law to.be served
upon the Lessor may be given or served by registered letter
.
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ADOPTED "liD Al'PROVED by the CITY COUllCIL of
the CITY C'S' CililLf,. VI:n'A, CALIIOr<F.lA, this ~Oth
'.
Day of
:.larch, 1959
br t~~ following
vote, -:to-~lt:
AYES:
COUJ:{CII..ltt1{ !::t*l1ister, Uenzel. :)cCraal'. UcN.lns
.UAYS:;:
COlJ:lC lWEI{ 1'<>...
"BSEIlT:
COUliCII.Jl2N S;Utb
(5) [eith !l. ~Icn"'("l
tiayo~ 01 the Clty 01 Chula Y~~ta
ATTEST: (s) lCean<tb P. c:.nd-eU
City CLe.....
STATE OF CALIFORnIA )
CCu:r.I OF St.!1 DIEGO ) SS.
CITT OF CaULA VISTA )
I, mlllE'l'll P. CAlIi'llZ!.!., City Clerk of the City
of ~ula Vista,. California DO HERESY CERTIFY that the
above and foregoinc 1s a full, true and correct copy
.'
of R.e~lution No. 2201
and that the same has Dot
been amended or repealed.
DATED: I.I~r,.h '41
lQo;O
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addressed to the L.ssor at 276 Guava Street, Chula Vista,
California, .ttention A~inistrativ~ Officer, deposited in t~e
United Stat.s =ail or aay be served perscnally upon said
".Administrative Officer or his duly authorized representative,
and that any notice or notices given or served, as previded
herein, shall be effectual and binding for all purposes upon
the parties 50 servod.
Twentv-third.
It is AUtually agreed that time is of t~e
essenco of each an~ all of the terms and provisions of this
lease and ~at this lease shall inu:e to the benefit of and be
binding upon the parties hereto and eny successors of the Lessee
as fully and to the same extont as though specifically nenticned
in each lr.stance. ar.d that all ccvcnants, stipulations and
agrceoents in this lea~e shall extend to and bind any assigns
and sublessees of the Lessee.
.
IN lfITNESS rnt:.""'l8JF, The City has eXecuted the foregoing
lease by end through the City Councll of sdd City :1M
the LeSsee hes caused this loase to be executed the day and
ycarfirst hereinabove written.
TH=: CIn OF CHl'l.A VISTA
By ..4'2:: 1'/- ,/ () 97/-:r-x7. .!I
Mayor 0: City of ~r.u~ Vista
ROl-!R AI f.C3AFT COllPORATI 0.'1
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By'
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~~udCl.~
I HERESY APPOOV" the
leue this ?::.1... day of
for.a and legality of
lntf.!l.k, , 19Q..
'Yrt
the foregoing
)./. " .~
Bity Attorney
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EXHIEIT A,
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Description of Tidelar.Js area to b~ leased by P~hr
Aircraft Corporation, in th~ City of Chula Vi.ta, County of
San Diego, State of California:
"C(l~~encin9 at "Ue::ecourt Conu:':1ent 107
on the ~9an r.ich TJde Line 2S re-est2bllsh~d
by the California Land Co~ission survey and as
shown on the Jt.t. Land Commission :ap titled'
"Survey of the Ordinary Hiqh l':ater l4rJc, Vicinity
of ~nula Vista", said map havinq been filed as
Miscellaneous Uap 217 on ~eptember 25, 1950 in
the CGvnty rt!corJer's Office, ~ur.ty of San
D1e90, California; thence S ~e02e'01" E 297.67
feet to the t=ue pOint.cf beginningl
Thence S 40032'0l" -. 5'25,67 fe.et to St~ tl cn 109:
Th~ nee ;3 33043'31"1 e, 344,37 feet to Statlon 110;
Thence .> 30019'01" E. 392.E~ fc!t to Staticn 111;
Thence S 70039'29' It. 102.:16 feetl '"'"
Thence $ 19020'31. l:.'S27.58 feetl
Thence S 72005'29' 11'. 315.99 fQet:
Thence t: 1705~' 31" W. 1532.40 feet to tho true
point of beginning."
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BESOLllTIOIl /(0. 2201
llF,soLllTIOIl APPROVING TIDELA::DS LEAlIX
"ITa ROBR AIRCil..'.l'i' CORPOllATIOIl
BE IT llESOLRD BT 1'Il:I CIn COUNCIL OJ' THE CITT OF
CRl1LA YISTA AS rou.ol'S:
That that cortain lease agreement, a cOPT of wbich
1s attnched hereto and made a p~rt and parcel hereot as if
60t tort~ herein in full, 1s bereby approved, and that tho
Xayor of the City of Cbula Vista is hereby euthorized and
directed to execute the aau on behalf 0: said Cit}'.
"
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item / /
Meeting Date 04/25/95
Resolution / ? ?' ~ Cl Amending Condition 6 of Resolution 16222
(approving the Tentative Map for Rancho del Rey , SPA III) to allow the
reduction of roadway requirements on East "J" Street between River Ash
Place and Red Oak Drive from /52 feet wide to 30 feet wide.
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manage~~ ~ (4/5 Vote: Yes_ No-X-)
Resolution 16222 Approved the Tentative Map for Rancho del Rey (RDR), SPA III. Condition
6 required the developer to improve East "J" street, east of Paseo Ladera, to Class II collector
street standards. The improvements would include offsite improvements across property owned
by Mrs. Susie Bennett. Mrs. Bennett has requested that temporary improvements be installed
across her property at a reduced width.
RECOMMENDATION: That Council adopt the subject resolution which amends Condition
6 of the Tentative Map for Rancho del Rey, SPA III (Resolution 16222) to allow the roadway
on East "J" Street between River Ash Place and Red Oak Drive to be reduced to 30 feet in
width, subject to the condition that Mrs. Bennett guarantee to install the remainder of the street
improvements within 5 years (Option No.3 in this report).
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On July 30, 1991 the City Council approved Resolution 16222, approving the Tentative Map for
Rancho del Rey SPA III, subject to conditions. Among the conditions was condition No.6,
requiring the portion of East J Street between River Ash Place and Red Oak Drive be guaranteed
to Class II collector standards, (except that asphalt sidewalk could be used) prior to approval of
any subdivision maps for Phases 2 or 3 of SPA III. Class II collector standards require a 52
foot roadway within 72 feet of right-of-way.
Recently, the City received a request from Jim Algert, representing Mrs. Susie Mary Bennett,
that staff reduce the required roadway across the Bennett property. Mrs. Bennett proposes that
only minimal improvements be constructed on a temporary basis, and that the remaining
improvements be constructed at some unspecified time, when the Bennett property is developed.
Mrs. Bennett's concern is that she owns approximately 7.9 acres of undeveloped land on both
sides of the East J Street alignment. Mr. Algert indicates that if the road is constructed before
the property can be properly planned, it would be impossible to predict the correct location of
driveways, sewer and water laterals, intersections, etc., and that when Rancho del Rey
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Page 2, Item J I
Meeting Date 4/25/95
constructs this portion of East J Street it is likely that the improvements will have to be removed
and reconstructed when the laterals and driveways are later constructed in conjunction with
development of the Bennett property. Staff agrees that the situation described is likely to occur.
Additionally, construction of East J Street to full standards would require a retaining wall,
approximately 11 feet high, to save the Bennett house. With the reduced road width, and
elimination of sidewalk on the north side, the retaining wall would not be necessary.
The main reason that Mrs. Bennett takes issue with the current proposal is that Rancho del Rey
intends to request the City form a reimbursement district for the cost of these improvements.
This raises the prospect that Mrs. Bennett could have to reimburse Rancho del Rey the cost of
the improvements, and then have to reconstruct the same improvements at substantial additional
cost.
Rancho del Rey has already acquired the necessary right of way to construct the improvements
at their ultimate alignment and width.
Staff has reviewed the situation and sees four basic options available.
1. Require full improvements (52 feet curb to curb, concrete gutter, asphalt sidewalk)
This alternative conforms to the current requirements under the resolution
approving the Tentative Map. With this alternative, the improvements would be
guaranteed prior to approval of any subdivision maps for Phase 2 or 3 and
constructed prior to occupancy of any units within Phase 2 or 3. As described
above, this is likely to require that a substantial amount of the improvements will
have to be rebuilt when the Bennett property develops. Asphalt sidewalk was
allowed under the conditions of approval to reduce the improvements needed to
be reconstructed.
2. Require full improvements, defer construction for a specified period, say 2 years.
This alternative would comply with the condition of approval, regarding
guaranteeing the facility, but would give Mrs. Bennett adequate time to plan her
property and locate sewer and water laterals and driveways. After 2 years,
Rancho del Rey would construct the facilities, and would likely ask that a
reimbursement district be formed. When the Bennett property develops, they
would reimburse Rancho del Rey.
The primary disadvantage of this proposal is that it delays making a road
connection between certain isolated developments (such as Villa Palmera) and the
J Street corridor, and the property owners in the development were led to expect
early resolution of a situation that has existed for about 8 years. Rancho del Rey
has also indicated that they do not favor this solution.
/ /, ;2.
Page 3, Item / /
Meeting Date 4/25/95
3. Require a reduced roadway section (30 feet curb to curb, with asphalt benn and
sidewalk). Require the Bennetts to agree (and guarantee) to construct the remaining
improvements within five years.
This alternative attempts to reconcile Mrs. Bennett's concern with the public
interest by minimizing the improvements that will be removed and reconstructed
in the future with the access needs of the neighborhood.
The 30 foot roadway provides a 15 ft. lane each direction with no parking for an
overall length of approximately 500 feet along the Bennett property. Asphalt
sidewalk would be provided on the south side. This road is not a designated
bicycle route, however, since this roadway does not have a separate shoulder for
disabled vehicles or bicycles, staff recommends that the road be widened to
provide for adequate shoulders in the near future. Additionally, staff has
concerns that school children will eventually be using J Street as a path to
elementary and Junior High Schools that will be located in the area. At that
point, the substandard improvements present a possible safety issue. Taking all
this into account, staff recommends that this situation should not be maintained
for more than about 5 years. (Regarding the proposal to eliminate sidewalk on
the north side, it is possible to eliminate the need for a $30,000 retaining wall
adjacent to the Bennett house by reducing the roadway, eliminating the sidewalk
and allowing a 2:1 slope to replace the retaining wall. This proposal does that.)
4. Increase the roadway requirements in (3) to provide a shoulder for disabled vehicles
and bicycle lane. The roadway dimensions in (3) could be increased from 30 feet to
36 feet to provide adequate shoulders, with a 12 ft. lane and 6 ft. shoulder on each
side.
This would present a wider shoulder to allow more room for bicycles, but still
would not provide a sidewalk on the north side of the road. This alternative may
still require a small retaining wall where the Bennett house is located (estimated
at $5-6,000), although the developer's engineer has not yet confirmed this. A
possible variation to this would be to construct the road as 15 feet on the north
side of the centerline and 21 feet on the south side. This would provide the
proper grade for the fInal road section, with a crown at the centerline. The road
centerline stripe could be painted 3 feet south of the true centerline, thus
providing 2-18 foot roadways. This could occur in the vicinity of the Bennett
house to eliminate the retaining wall, and transition to the normal centerline on
either side. This alternative would require slightly more pavement to be disturbed
when the utilities for the Bennett property are constructed. The cost of this added
pavement is estimated at $11,000.
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Page 4, Item / /
Meeting Date 4/25/95
Staff recommends alternative 3 as the most reasonable balance of the needs of the public and
those of Mrs. Bennett, in that this alternative minimizes the amount .of roadway that will need
to be reconstructed later on, while providing acceptable access to currently isolated properties
and to future properties within the Rancho del Rey project. Staff also believes that there should
be a specific time frame for the completion of the improvements. Accordingly, staff
recommends that the reduction in roadway requirements be conditioned upon Mrs. Bennett
agreeing to construct the remainder of the improvements in 5 years, and guarantee this through
a financial instrument such as bond or lien on their property. Staff estimates that the value of
the bond should be $125,000. This figure is based on an estimate of $100,000 in 1995 dollars,
adjusted at 4 % inflation for 5 years. Absent such an agreement, staff would recommend not
reducing the road width and requiring Rancho del Rey to complete the full improvements.
Staff therefore proposes that condition 6 of Resolution 16222 be modified to read as follows:
The Developer shall construct the unimproved off site portion of East J Street west of Paseo
Ladera, from River Ash Drive to Red Oak Place as described below. The construction of
these improvements shall be guaranteed prior to imal map approval for Phases 2 or 3 or
any unit thereof. The developer may request the formation of a reimbursement district for
these off-site improvements in accordance with section 15.50 of the Municipal Code.
The improvements shall consist ofroadway to Class II collector standards, (except that the
5 foot sidewalk may be asphalt concrete instead of portland cement concrete) unless an
agreement is obtained from the property owner (Bennett) that the property owner will
construct all remaining improvements to Class II collector standards within 5 years and
provides a bond or other security to assure that construction. If such agreement is
obtained, the developer shall only be required to provide a minimum roadway of 30 feet
in width, with a 5 foot asphalt sidewalk on the south side.
Staff has consulted with Rancho del Rey, and provided a copy of this report for their
information. Their response is that they support the staff recommendation, but also fmd
Alternatives 1 and 4 acceptable.
Staff has consulted with Mr. Jim Algert, Mrs. Bennett's representative, and provided a copy of
this report for his information. His response is that he thought that Mrs. Bennett would support
either option 3 or 4, if the condition to complete the improvements within 5 years is deleted.
Mr. Algert states that his client does not have a timetable for development of her property at this
time, and placing the fmancial obligation of constructing the improvements may force her to
develop at a difficult or awkward time. He indicated that Mrs. Bennett is elderly and wished
to continue living in this house. As an alternative to the five year requirement, Mrs. Bennett
could agree to construct the improvements when the property changes ownership (including by
inheritance) and guarantee those improvements through a lien on the property. While this is an
acceptable alternative, it is not staff's recommendation because of the unknown time frame and
staff's concern over the possible period of time the narrow improvements would be in place.
)/- J-j I JI-lp
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RESOLUTION NO. J? 8"rtJ
MARKED TO SHOW CHANGES
BY THE CITY ATTORNEY
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CONDITION 6 OF RESOLUTION
16222 (APPROVING THE TENTATIVE MAP FOR RANCHO
DEL REY, SPA III) TO ALLOW THE REDUCTION OF
ROADWAY REQUIREMENTS ON EAST "J" STREET
BETWEEN RIVER ASH PLACE AND RED OAK DRIVE FROM
52 FEET WIDE TO 30 FEET WIDE
WHEREAS, Resolution 16222 Approved the Tentative Map for
Rancho del Rey (RDR), SPA III; and
WHEREAS, Condition 6 required the developer to improve
East "J" street, east of Paseo Ladera, to Class II collector street
standards; and
WHEREAS, the improvements would include offsite
improvements across property owned by the Bennett family and the
Bennetts have requested that temporary improvements be installed
across their property at a reduced width.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby amend Condition 6 of Resolution
16222 (Approving the Tentative Map for Rancho del Rey, SPA III) to
allow the reduction of roadway requirements on East "J" Street
between River Ash Place and Red Oak Drive from 52 feet wide to 30
feet wide to read as follows:
The Developer shall construct the unimproved off site
portion of East J Street west of Paseo Ladera, from River
Ash Drive to Red Oak Place as described below. The
construction of these improvements shall be guaranteed
prior to final map approval for Phases 2 or 3 or any unit
thereof with such securitv as Citv shall reauire. The
developer may request the formation of a reimbursement
district to reimburse it for an appropriate share. as
Citv determines for these off-site improvements in
accordance with Chapter 15.50 of the Municipal Code.
The improvements shall consist of roadway to Class II
collector standards, (except that the 5 foot sidewalk may
be asphalt concrete instead of portland cement concrete)
unless an agreement is obtained from the property owner
(Bennett) that the property owner will construct all
remaining improvements to Class II collector standards
within 5 years and provides a bond or other security
satisfactorv to citv to assure that construction. If
such agreement is obtained, the developer shall only be
required to provide a minimum roadway of 30 feet in
width, with a 5 foot asphalt sidewalk on the south side.
Presented by
~ r OJ)
John P. Lippitt, Director of
Public Works
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Bruce M.
Attorney
Page 5, Item 1/
Meeting Date 4/25/95
If the Council accepts this proposal from Mrs. Bennett, staff would, therefore, also recommend
that the wider street provided under alternative 4 be constructed now. Mrs. Bennett would have
a larger amount included in a reimbursement district, including, potentially, a small retaining
wall which will be removed in the future. However, it also provides wider shoulders which will
permit emergency parking and/or more shoulder area for bicycles.
FISCAL IMPACT
The fiscal impact to the City is expected to be minim~l, since under any of the proposals the
City will not be installing the improvements. All of the improvements will be installed and/or
guaranteed by either Rancho del Rey of the Bennetts. Upon completion of the improvements
the City will have to maintain them and the cost of maintaining an asphalt flow line in the street
as opposed to concrete curb and gutter is more expensive over a longer period of time.
Attachments
Attachment A:
AttachmentB:
Attachment C:
Attachment D:
Attachment E:
Letter from Algert Engineering .-d- ~ c...< J ~ 0 t
Area Plat
Class II Collector Street Standards 1/
Resolntion 16222 ~ ~c,____<-p..v (
Minutes July 20, 1991 Cooneil Meeting (excerpt) ~......<2.A ~ c
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ALDERI' ENGINEERING, INC.
~
CIVIL ENGINEERING, LAND SURVEYING, LAND PLANNING.
Since 1946 A
February 7, 1995
City of Chula Vista
Attn: Mr. John Uppitl, Pubic Works DIrector
Depertment of Public Works
276 Fourth Avenue
Chula Vista CA 91910
Re: Exl8ns1on al East -,r Stnlet ttuough the BenneU'. Property
L8vel al Stnlet ImpIOY8ments Requinllf
Dear John:
My cHent, Mrs. Susie Mary Bennett, has granted the right-of-way for the extension of East. J" Street through
property which she and her family have owned for many years. Mrs. Bennett granted the right-of-way to
the city at the reql.:est of Rancho Del Rey Investors, L.P. Rancho Del Rey has been required to obtain the
right-of-way for the city, and to construct street improvements through the Bennett's property, as a condition
of approval of their Rancho Del Rey SPA III project. Rancho Del Ray's condition of approval also gives
the right to Rancho Del Rey to request that the cost of certain of the street improvements they construct
be reimbursed to them by the Bennetts when their property is developed.
Currently the street Improvements required consist of grading, full-wldth pevlng, concrete curb, gutter and
sidewalk, street fights, sewer main, landscaping and a large retaining wall necessary to save the Bennett's
residence from being damolshed for the street construction. These street improvements will be largely
wasted when the Bennett's property is developed in the future. It seems a great waste to the Bennetts and
could become a financial burden to them. They could Incur both the cost of these unnecessary
improvements and the cost to demolish them in the future. The development of the Bennett's property is
anticipated to occur within the next 10 years.
We suggest that a more reasonable approach Is to require Rancho Del Rey to construct reduced
improvements which would adequately serve the pubHc need to travel through the Bennett's property but
would not be so expensive to demolish in the future. By e6m1nating perking on the street through the
Bermett's propeiiy, the street could be narrowed and the ien foot high retaining wall efimlnated. This wall
would be one of the demoltion items in the future development of the Bennett's property. Asphaltic berm
and sidewalk could serve the purpose of concrete curb and sidewalk without the expensive cost of
demolition. The pub6c sewer system is functioning now without a Ink through the Bennett's property. The
sewer could be added when the property is developed and it could be constructed with the proper sewer
laterals and manholes, which is not possible now. The future water main, fittings and laterals would also
involve major pevement repeir, whereas an offset temporary centerUne design could preserve most of the
pevement during the future project construction.
We have had this discussion with Rancho Del Rey and they have indicated their support for the reduced
improvements as long as it can be accompfished without delay to their project schedule. They have
indicated their willingness to discuss this issue with your department and with the City Council, as
necessary, to amend the condition of approval. At this point in our economy no one wants to see
government requirements which lead to wasted money and Increased burden on homeowners.
Page 1
428 BROADWAY . CHULA VISTA . CA 91910 . TEL 420-7090 . 1io\X 420-9139
//-;
.
.
City of Chula Vista
February 7, 1995
Page 2
Would you please respond and let us know how quickly we may address our concems to the Council and
ask their approval to reduce the requirement placed on Rancho Del Rey and the burden placed on the
Bennetts.
YOr truly, t!
)J~es H. ~Igert
JHA:kw
cc: Mayor Shirley Horton and City Council
Clifford L. Swanson, City Engineer
Rancho Del Rey Investors, L.P.
428 BROADWAY. CHULA VISTA' CA 919W . TEL 420-7090 . FAX 420-9139
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6. CLASS II COLLECTOR STREETS
Design ADT
Minimum design speed
Curb-to-curb
Right-of-way
Maximum grade
Minimum curve radius
12,000
30 mph
52'
72'
10% residential zone
300' with 4% superelevation to 450' with no
supere 1 eva ti on
Class II collector streets with two-way center turn lanes serve primarily
to circulate localized traffic and to distribute traffic to and from
arterials, major streets and Class I collectors. Class II collectors are
designed to accol!lllodate two lanes of traffic, however, they carry lower
traffic volumes at slower speeds than Class I collector streets. This
type of facility provides a~cess to properties and circulation to
residential neighborhoods.. Minimum distance between centerline of
intersections shall be 250 feet. Deviation from this minimum distance
requirement may be !IPproved by the City Engineer only if it can be
demonstrated that left turn demands do not create an adverse traffic
condition.
Access to and from this Class II collector street from abutting properties
shall be permitted at locations approved by the City Engineer. Parking on
this faCility shall typically be allowed. However, parking at critical
locations may be denied as deemed appropriate by the City Engineer. If a
bike lane is to be proVided in conformance with the Bicycle Element on
this Class II faCility and parking is .to be retained, an additional 10-
feet of right-of-way will be required to allow for a lD-foot widening of
~he roadway cross section. . : .
With approval of City Engineer, in developed areas, no widening is
required except at approaches to intersections as per Exhibit aAu.
Approaches shall be designed as per Exhibit aG. U Further modifications
may be allowed to this standard as a result of the existing and projected
traffic volumes.
LANDscAPrD
BUFFER AREA
EASEMENT
It
5.5' 10'
5.5'
26'
It.
72' LANDSCAPED
BUFFER AREA
26' 10' 5.5' EASEMENT
5.5'
20/0
I -
Ii.
PARKING 2:1 MAX
10' 13' B'
4.~'
..-/'
2% 2%
-
-
PARKING
8' 131
CLASS II COLLECTOR
'*
t than 5: 1 may be acceptabl e as determi ned by the
landscaped slopes grea er
Director of Planning.
10/12/89
-8-
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(
il /hc#mc-"/71 ./J
RESOLUTION NO. 16222
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR RANCHO
DEL REY SECTIONAL PLANNING AREA (SPA) III, CHULA VISTA
TRACT 90-02
WHEREAS, a duly verified application for a tentative subdivision map was
filed with the Planning Department of the City of Chula Vista on November 8, 1989
by Rancho del Rey Partnership; and,
WHEREAS, said application requested the subdivision of approximately 405
acres into residential lots, open space areas, a school lot, park and community
purpose facility lot; and,
WHEREAS, the Planning Commission held an advertised public hearing on said
project on May 8, 1991, and continued to May 22, 1991; and,
WHEREAS, the City Council set the time and place for a hearing on said
tentative subdivision map application and notice of said hearing, together with
its purpose, was given by its publication i~ a newspaper of general circulation
in the city and its mailing to property owners within 300 feet of the exterior
boundaries of the property at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as.advertised, namely
7:00 p.m., June 18, 1991, in the Council Chambers, 276 Fourth Avenue, before the
City Council and said hearing was thereafter closed; and,
"
WHEREAS, the City Council 'recertified EIR-89-10, with Statement of
Overriding Considerations, and associated Mitigation Monitoring Program for
Rancho del Rey SPA III.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL finds as follows:
Pursuant to Section 66473.5 of the Subdivision Map Act,
the tentative subdivision map for Rancho del Rey
Sectional Planning Area (SPA) III, Chula Vista Tract no.
90-02, is found to be in conformance with the various
elements of the City's General Plan based on the
following:
1. The site is physically suitable for residential development and the
proposal conforms to all standards established by the City for such
projects.
2. The design of the subdivision will not affect the existing
improvements -- streets, sewers, etc. -- which have been designed
to avoid any serious problems.
//-j .3
. .
-~solution No. 16222
age 2
3. The project is in substantial conformance with the Chula Vista
General Plan Element as follows:
A. Land Use _ The project is consistent with the General Plan, El
Rancho del. Rey Specific Plan and the SPA III Plan which
designates the property PC -Planned Community, with a variety
of land uses and residential densities.
B. Circulation - All of the on-site and off-site public streets
required to serve the subdivision are consistent with the
circulation element of Chula Vista General Plan and the
circulation proposed within the El Rancho del Rey Specific
Plan. Those facilities will either be constructed or in-lieu
fees paid in accordance with the Rancho del Rey SPA III Public
Facilities Financing Plan.
C. Housing _ A low and moderate housing program with an
established goal of 5% low and 5% moderate will be implemented
subject to the approval of the City's Housing Coordinator.
Computation of the satisfaction of this condition will include
the entire El Rancho del Rey Specific Planning Area.
D. Conservation and Open Space - The project provides 148.3 acres
of open space, 36% of the total 404.9 acres. Grading has been
limited on hillsides and grading plan approval will require
the revegetation of slopes in natural vegetation. Approval of
EIR-89-10 included the adoption of a mitigation monitoring
program outlining the mitigation measures required for project
impacts on geology, soils, biology, air, water, cultural
resources, land form, transportation and utility sources.
E. Parks and Recreation - The project will be responsible for the
improvement of the 10 acre net neighborhood park and payment
of PAD fees or additional improvements as approved by the
Director Parks and Recreation. In addition, a trail system
will be implemented through the south leg of Rice Canyon,
connecting with other open space areas.
F. Seismic Safety - The Rancho del Rey site is crossed by the La
Nacion Fault Zone which has one prominent fault, running north
to south, with other potential traces. The mitigation
monitoring program adopted with EIR-89-10 provides for
measures to be taken to mitigate the impacts of development in
association with the fault zone.
G. Safety _ The site will be within the threshold response times
for fire and police services. The project will increase the
need for additional personnel, however, the City is planning
/ I~ It!
. "
Resolution No. 16222
Page 3
to meet that need with additional revenues provided by this
project.
H. Public Facilities Element - This project is obligated in the
conditions of approval to provide all on-site and off-site
facilities necessary to serve this project. In addition to
that, there are other regional facilities which this project
( together with SPAs I and II) is contributing to, including
a public library site, fire station site, and fire training
facility site. The subdivision is also contributing to the
Otay Water District's improvement requirements to provide
terminal water storage for this project as well as other major
projects in the eastern territories.
I. Noise - The units will be required to meet the standards of
the UBC with regard to acceptable interior noise levels.
J. Scenic Highway - The project does not affect this element of
the General Plan.
K. Bicycle Routes - Bicycle paths are provided along Telegraph
Canyon Road, East "H" Street and Paseo Ranchero Road as shown
in the Circulation Element.
L. Public Buildings - No public buildings are planned for the
site. The project shall be subject to RCT and DIF fees.
4. Pursuant to Section 66412.2 of the Subdivision Hap 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. The development will provide
for a variety of housing types from single family detached homes to
attached single family and senior housing. In addition, the
addressment to providing a percentage of low and moderate priced
housing is in keeping with regional goals.
5. The configuration, orientation and topography of the site partially
allows for the optimum siting of lots for passive or natural heating
and cooling opportunities.
BE IT FURTHER RESOLVED THAT THE TENTATIVE SUBDIVISION HAP for Rancho del
Rey SPA I II, Chu1 a Vi sta Tract 90-02, is approved subject to the foll owi ng
conditions:
Ii-if
~esolution No. 16222
.>age 4
General/Preliminary
1.
The Public Facilities Financing Plan shall be followed with improvements
installed in accordance with said plan or as required to meet threshold
standards adopted by the City of Chula Vista. In addition, the sequence
in which improvements are constructed shall correspond to any future East
Chula Vista Transportation Phasing Plan adopted by the City. The City
Engineer and Planning Director may at their discretion, modify the
sequence of improvement construction should conditions change to warrant
such a revision.
,/
All mitigation necessary to avoid significant effects itemized in the
Mitigation Monitoring Program for Environmental Impact Report EIR-89-10 as
required prior to Final Map approval, are hereby incorporated as
conditions of approval. The Director of Planning may modify the sequence
of mitigation at his discretion should changes warrant such a revision.
3. The developer shall comply with the Community Purpose Facility Ordinance. ~MPu:TU)
The areas proposed to show compliance with said ordinance shall be
provided prior to approval of the first final map. Areas of consideration
for qualification must be within the areas of SPAs I, II or III.
Amendment to the El Rancho del Rey Specific Plan and Sectional Plan Areas
may be necessary to accomplish compliance.
2.
4. Prior to final map approval for Phase I, a Precise Plan shall be approved
by the City Council detailing the development of the Specialty Housing
project. The precise plan shall include but is not limited to: detailing
the density of the various portions of the project; identifying the amount
of recreational and open space facilities; detailing the financial
arrangements available to proposed tenants; identifying the age limits and
any income requirements of tenants; and showing the percent of the project
for sale or rent.
Streets. Riahts-of-Way and Imorovements
5.
6.
Prior to any final map approval for Phase 2 or 3 or any unit thereof, the
developer shall obtain all necessary right-of-way for the construction of .<)
the unimproved off site portion of East "J" Street west of Paseo Ladera,
from River Ash Drive to Red Oak Place.
The developer shall construct the unimproved off site portion of East "J"
Street west of Paseo Ladera, from River Ash Drive to Red Oak Place, to a
Class II Collector Standard, except that the 5 foot sidewalk may be
asphalt concrete instead of portland cement concrete. The construction of V
these improvements shall be guaranteed prior to final map approval for,
Phases 2 or 3 or any unit thereof. The subdivider may request the
formation of a reimbursement district for these off-site improvements in
accordance with section 15.50 of the Municipal Code.
//-/i/
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11.
12.
413.
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Resolution No. 16222
Page 5
14.
The developer shall request the vacation of that portion of Paseo
Harguerita as necessary to accomplish the design as shown on the tentative
map. Said vacation shall be accomplished prior to the approval of the-
final map for Phase 2. Unit 3. .;
The off.site portion of East "J" Street adjacent to Buena Vista Way shall
be granted in fee to the City for Open Space. public utilities and other
public uses. The grant of this property shall be completed prior to
approval of a final map for Phase 3. Unit 3. The developer shall enter
into an agreement to not oppose the inclusion of this property in Open
Space District # 20 (Zone 7) prior to approval of any final map for Rancho., .
del Rey SPA III. The developer shall be responsible for the costs
associated with annexing this property to Open Space District # 20. -.
The developer shall be responsible for the construction of off site
improvements at the westerly end of Paseo del Norte in the Casa del Rey
subdivision. The construction of these improvements shall be guaranteed
prior to approval of the final map for Phase 2. Unit 2. A cash deposit
was previously deposited with the City to pay the cost of this work. The
amount deposited is available to the developer for construction of these
improvements.
Prior to final map approval for Phase 1. the developer shall dedicate
additional right-of-way along the frontage of the property on East "H'"
Street to provide a 20 foot parkway (existing curbl~ne to property line).
The developer shall be. responsible for construction of a
sidewalk/recreational pathway along the entire frontage of subject
property on East "H" Street from Paseo Ranchero westerly to Paseo del Rey
to the satisfaction of the City Engineer. Director of Planning and the
Director of Parks and Recreation. The construction of these improvements
shall be guaranteed prior to final map approval for Phase I.'
The developer shall be responsible for construction of an expanded 8 to 10
foot wide sidewalk/recreational pathway along the western side of Paseo -
Ranchero, to connect the trail systems in the south leg of Rice Canyon and
in the Telegraph Canyon Road open space area. These improvements shall be
installed in conjunction with the construction phases of Paseo Ranchero
specified in the Public Facilities Financing Plan.
The developer shall be responsible for the construction of wider sidewalks
at transit stops. subject to the approval of the City Engineer.."
The final design of Paseo Ranchero shall include eight foot wide landscape
easement buffers as required by the Street Design Standards or be adjoined
by an open space lot at least eight feet wide with slopes no greater than
5:1, except in the following areas where the final design shall be subject
II-I?
Desolution No. 16222
.ge 6
to the approval of the Planning Director, Landscape Architect and City
Engineer:
A. Adjacent to the lots fronting on Cabo Calabazo, Calle Candelero and
Punto Miraleste where a special slope and retaining wall design will
be implemented;
B. Along the Junior High School site;
C. Along the existing Ladera Villas and Mission Verde subdivisions
where existing conditions shall remain; and
D. Adjacent to the out-parcel owned by the Chula Vista School District.
15. The final design of East "J" Street shall include 5.5 foot wide landscape
easement buffers as required by the Street Design Standards or be adjoined
by an open space lot at least 5.5 feet wide with 5:1 maximum side slopes,
except in the following locations where the final design shall be subject
to the approval of the Planning Director, Landscape Architect and City
Engineer:
A. Along the park site;
B. Along the two corner lots at the intersection of East "J" Street and
Camino Miel (lots 82 and 97 of Phase 2, Unit 1) and the southeast
corner lot of East "J" Street and Cabo Capote (lot 85 of Phase 2,
Uni t 2);
C. Adjacent to the out-parcel owned by the Chula Vista School District;
and
D. Along the existing Bel Aire Ridge subdivision where existing
conditions shall remain.
16. All retaining walls which interface with the public street system shall be .
constructed to match the Ranch Rancho del Rey SPA III Design Guideline
standards for exterior walls.
17. The developer shall be responsible for construction of full street
improvements for all public and private streets shown on the Tentative Map
within the subdivision boundary; and for the construction of off-site.
improvements to construct Paseo Ranchero, East "J" Street and Paseo Ladera
as shown on the Tentative Map, to the satisfaction of the City Engineer.
Said improvements shall include, but not be limited to, asphalt concrete
pavement, base, concrete curb, gutter and sidewalk, sewer and water
utilities, drainage facilities, street lights, signs, fire hydrants and
J/-/~
Resolution No. 16222
Page 7
transitions to existing improvements. Street intersection spacing as
shown on the tentative map is hereby approved.
18. All the streets shown on the Tentative Map within the subdivision
boundary, except private streets, shall be dedicated for public use.
Design of said streets shall meet all City standards.
19. A temporary turnaround conforming to City standards shall be provided at
the end of streets having a length greater than 150 feet, measured from
the center line of the nearest intersecting street to the center of the
cul-de-sac, except as approved by the City Engineer.
20. Cul-de-sacs and knuckles shall be designed and built in accordance with
City standards unless otherwise approved by the City Engineer.
lot Confiouration
21.
Frontage on all lots shall be a mln1mUm of 35 feet at the right-of-way.
line except as approved by the City Engineer. This condition does not
apply to flag lots, as defined in the Municipal Code.
lot lines shall be located at the top of slopes except as approved by the
City Engineer. When adjacent to open space lots, property lines shall be
located a minimum 2.5 feet from the top of slope.
23. The preparation of final maps and plans for the locations listed below
shall be carried out in accordance with the
following criteria unless otherwise approved by the City Engineer and
Director of Planning:
~22.
,
A. Provide a minimum 50 feet from the corner of Paseo Ranchero and East
"J" Street to lots 6 and 7, Phase 3, Unit 2, to provide additional
buffer and transition area at the corner.
B. Provide a pedestrian throughway between lots 130 and 131, Phase 3,
Unit 2, from Camino Calabazo to east "J" Street across from the
school and park sites.
C. Lot 128 of Phase 2, Unit I, shall be widened to a minimum 50 foot
width to accommodate a combined slope and maximum 5 foot retaining
wall. This is to avoid a "tunnel" effect created at side lot lines.
D. Lots 3 and 5, Phase 2, Unit 3 shall utilize maximum 5 foot high
retaining walls, and/or a combination of retaining walls and crib
walls.
jl- /9
'esolution No. 16222
.'age 8
E. Provide a different name for each of the portions of Palazzo Court
located to the east and west of East "J" Street and the portions of
Dorado Way located to the east and west of Camino Mie1. .
Street Trees/Ooen Soace
24. The developer shall grant to the City street tree planting and maintenance
easements along all public streets as shown on the Tentative Map. The
width of said easements shall be as outlined in the City's Street Design
Standards Policy.
25. The developer shall be responsible for street trees in accordance with
Section 18.28.10 of the Chu1a Vista Municipal Code. The use of cones
shall be included where necessary to reduce the impact of root systems
disrupting adjacent sidewalks and rights-of-way.
26. All open space lots adjacent to pub1 i c ri ghts-of-way shall mai ntai n a
width so as to provide 10 feet of landscaping treatment behind the back of .
sidewalk. .
7. Maintenance of all facilities and improvements within open space areas
covered by home owners associations shall be covered by CC&Rs to be .
submitted and approved by the Planning Department prior to approval of the
associated final map.
28. Prior to the approval of any final map, the developer shall request in
writing that maintenance of all facilities and improvements within the \,.,It (,
open space area associated with such map shall be the responsibility of V1v.'.
the Rancho del Rey Open Space Maintenance District.
29. Prior to approval of the first final map, a comprehensive landscape plan ~.
shall be submitted for review and approval of the City Landscape Architect
and Director of Parks and Recreation. Prior to approval of each final
map, comprehensive, detailed landscape and irrigation plans, erosion
control plans and detailed water management guidelines for all landscape
irrigation shall be submitted in accordance with the Chu1a Vista Landscape
Manual for the associated landscaping in that final map. These detailed
landscape and irrigation plans shall be for the review and approval of the
City Landscape Architect and Director of Parks and Recreation. The
landscaping format within the project shall be to emphasize native,
drought tolerant plant material. Exceptions can be made for areas where
reclaimed water is exclusively used. The comprehensive landscape plans
shall address:
A. Slope enhancement and landscape treatment for the slope in Open
Space Lot A, Phase 3, Unit 3, beneath the Junior High School lot.
The plan shall address and provide for mature size plant material,
boulder work and/or buttress work on the slope.
/ /, .:2.t/
Resolution No. 16222
Page 9
----
B. A naturalized revegetation program for areas of grading in open
space lots, which may include temporary irrigation.
C. The disturbed "native" areas within Telegraph Canyon Road open space
corridor. This area shall include tree groupings or tree groves.
These p1antings shall be treated as random p1antings and shall be
identified in at least six areas along the corridor with each
- location providing p1antings of 50 to 100 trees. The exact number
of trees and locations are to be approved by the Planning Department
and Department of Parks and Recreation. The intent of these grove
areas is to provide a consistency with existing grove areas in the
open space corridor west of the Rancho del Rey SPA III area.'
All graded areas shall be replanted prior to the approval of any final
map. Germination of plant material shall be guaranteed by the applicant
to the satisfaction of the City Landscape Architect.
30. Prior to approval of the first final map, details showing the location and
design of the trail system and a sign program shall be submitted to and
approved by the Directors of Planning and Parks and Recreation. The trail
system in the open space lots shall be a minimum 6 feet wide within an B
foot horizontal clear space and a 10 foot vertical clear space. The
associated sign program shall identify the trail network in the open space
areas and connecting along Paseo Ranchero, to the satisfaction of the
Directors of Planning and Parks and Recreation.
--31. Prior final map approval for Phase 3, Unit 3 and Phase 4, Unit 2 as shown
on the Tentative Map, cross sections shall be submitted to and approved by
the Director of Planning and City Engineer illustrating the interface
where the trail is located adjacent to the drainage ditch along Telegraph
Canyon Road. The fencing of the drainage channel shall be aesthetically
pleasing incorporating the use of p1antings, equestrian type fencing and
vinyl clad fencing. These cross sections and decorative fencing program
may-be included with the comprehensive landscape plan. Fence gates shall
be provided at locations approved by the City Engineer to allow
maintenance of the drainage channel.
Parks
32.
The developer shall be obligated for 12.5 acres of parkland as described
in the approved SPA Plan, including land, and/or fees, and/or additional
improvements, in accordance with the Parkland Dedication Ordinance. The
actual final acreage will relate to the number of units approved with the
final maps.
The park located in Phase 3, Unit 4 shall be a minimum 10 net useab1e
acres. Design and development of the park shall be subject to the
33.
/ /-:2/
Desolution No. 16222
Jge 10
1/
approval of the City's Director of Parks and Recreation and shall conform
with the park master plan to be adopted by the City Council.
34. An adequate buffer and separation of 50 feet shall be provided between the'
residential lots at the eastern end of Palazzo Court and the existing park
facilities, to the satisfaction of the Director of Parks and Recreation.'
Solution may include but is not limited to relocating an existing tennis
court or lot redesign.
35. A minimum 20 foot wide access corridor shall be maintained at the end of
Paseo Palazzo where the cul-de-sac abuts the existing park. Said area
shall be made part of the park. Detail and design of the access shall be
submitted to and approved by the Departments of Planning and Parks and
Recreation prior to final map approval for Phase 3, Unit 1.
Gradina/Drainaae
36. An erosion and sedimentation control plan shall be prepared as part of the ~
grading plans.
"7.
38.
39.
40.
41.
Specific methods of handling storm drainage are subject to detailed\-
approval by the City Engineer at the time of submission of improvement and
gradi ng plans. Des i gn shall be accompli shed on the basis of the
requirements of the Subdivision Manual and the Grading Ordinance (No. 1797
as amended). The developer shall submit calculations to demonstrate
compliance with all drainage requirements of the Subdivision Manual.
Grading proposals shall be reviewed and approved by the City Engineer andv
Director of Planning for consideration of balanced cut and fill,
utilization of appropriate soil types, effective landscaping and
revegetation where applicable. Grading shall occur in separate phases,
unless a single phase operation is approved with the grading plan.
A letter of permission for grading shall be obtained from SDG&E prior tovl
any grading within or adjacent to an SDG&E easement or which would affect
access thereto.
The developer shall make a reasonable effort to obtain permission to grade"
the slopes along Buena Vista' Way at the former intersection of East "J"
Street. If permission to grade said slope is not reasonably attainable as
determined by the City Engineer, the regrading of these slopes shall not
be required. The provisions of this condition shall be complied with
prior to approval of the final map for Phase 3, Unit 3. ~
Prior to approval of any final map for single family residential use, the
developer shall submit a list of proposed lots indicating whether the
structure wi 11 be located on fill, -cut or a transi ti on between two
situations.
/ / ~ 02.2
Resolution No. 16222
Page 11
42. Lots shall be so graded as to drain to the street or an approved drainage
system. Drainage shall not be permitted to flow over slopes. Lots 71, 72
and 89 of Phase 2 Uni t 1 shall be desi gned so that there will be no
negative grading or drainage impacts to the adjacent off-site properties. .
43. Graded access shall be provided to all public storm drain structures
including inlet and outlet structures. Paved access shall be provided to
drainage structures located in the rear yard of any residential lot ~r as
approved by the City Engineer.
44. The use of boulders in minor drainage basins and energy dissipators in the
canyon and open space areas in the manner approved by the City Engineer
and Planning Director, is encouraged to allow water to be captured and to
allow trees to grow naturally.
Sewer
. 45.
46.
rThe developer shall be responsible for performing sewage flow metering to
monitor three segments of main identified in the Rick Engineering report
dated September 5, 1990 as sections QR, X1X2 and KL. Metering shall be
accomplished at the locations determined by the City Engineer. Metering
\ shall be accomplished prior to the issuance of any building permit for SPA
I III and be repeated at intervals directed by the City Engineer. Should
! any of these segments have metered flows which fill more than 80% of the
pipe diameter, the applicant shall construct 'parallel facilities as
determined by the City Engineer. The developer shall enter into an
I agreement with the City prior to first final map approval providing for
L all items indicated above.
An improved access road with a minimum width of 12 feet shall be provided
to all sanitary sewer manholes. The roadway shall be designed for an H-20
wheel load or other loading as approved by the City Engineer. . '
The developer shall obtain rermission from the City to deposit sewage in
a foreign basin. The deve oper shall enter into an agreement with the
City relative to the diversion of sewage prior to final map approval for
any phase or unit thereof proposing said diversion. ' .
The developer shall be responsible for the removal of the existing sewer
pump stations (Mission Verde and Candlewood). Prior to approval of any
final map entailing said removal, the owner and the City shall enter into
an agreement to establish the scope of work and the amount to be
reimbursed by the City to the subdivider for performing said work. The
developer may also request the formation of a special sewer service area
to provide for the cost of connection of the area currently being served
by the Candlewood pump station to the permanent gravity sewer system.
47.
48.
//-;23
~esolution No. 16222
. age 12
Unless otherwise approved by the City Engineer, the scope of work at both
sites shall be limited to the removal and disposal of equipment, 'grading,
landscaping and construction of new sewerlines and manholes required for
connection to the proposed Rancho del Rey sewer system. Any upsizing of
Rancho del Rey Sewer lines due solely to the flow generated by the Mission
Verde and Candlewood areas shall also be included.
Reclaimed Water
49.
50.
tire
51.
52.
53.
53.5
Prior to approval of the associated final map, the developer shall provide
on-site infrastructure to accept and to use reclaimed water when it is
available, along Paseo Ranchero from Telegraph Canyon Road to East "HIO
Street and along East "J" Street from Paseo Ranchero to the park site, per
the adopted Public Facilities Financing Plan.
Any costs incurred from retrofitting the reclaimed water system, when'
reclaimed water becomes available, shall be paid by the developer. Monies,
for this shall be held by the City, through a deposit set up by the'
developer. The amount shall be determined by the developer, approved by'
the City and in place pri~~ to approval of each associated final map. .
,Pyc",,,,e /?S(u..-o""-(' I. s'.J""'./ 1'1..".1
!2. /111"", ~ 0+..; -.... c_<I-
Fire hydrants will be required per the Fire Department standards. Hydrant
spacing is 500 feet for single family and 300 feet for multi-family
dwe 11 i ngs.
Maximum hydrant pressure shall not exceed 150 psi.
Fire hydrants and roadway access (per City Fire Marshall approval) shall
be installed, tested and operational prior to any combustible materials
placed on-site.
Developer and City shall, prior to the recording of the first final map
including all or any portion of the territory of the tentative map, have
entered into a Development Agreement which shall include, but shall not be
limited to, a promise satisfactory to the City requiring the developer to
advance the entire costs of relocating, or at City's option, to build and
relocate, Fire Station No. 4 to a site satisfactory to the City, in
exchange for which developer shall be granted certainty of entitlements,
or such other mutually agreeable consideration.
AQreements/Covenants
54. Prior to final map approval for Phase I, Unit I, the developer shall enter
into an agreement with the City to guarantee the development of the parcel
specifically for senior housing.
//~~r
J 55.
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57.
1/58.
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Ii 59.
Resolution No. 16222
Page 13
60.
Prior to the approval of the first final map, the developer shall entervl
into an agreement to provide a right turn lane at the intersection of
Paseo del Rey and East "H" Street, to the satisfaction of the City
Engineer, if, the threshold standards for this intersection as expressed in
the then current Growth Management Ordinance are exceeded at any time
during the development of this project.
Prior to approval of the first final map, the developer shall enter'into
an agreement to provide a park-n-ride facility near the intersection of
East "H" Street and Paseo Ranchero to include 50 parking spaces, 10
bicycle lockers, lighting, trash receptacles and circulation striping to
the satisfaction of the City Transit Coordinator. In addition, a transit
stop, to include a bench, shelter and trash receptacle, shall be provided
on the north side of East "H" Street. A plan of said improvements and the
timing thereof shall be submitted and approved by the City Transit
Coordinator. Requirements of this condition may also be met by
dedication, improvements, and/or financial participation in a park-n-ride
facility master plan, at the sole discretion of the City Council. The
specific site shall be in the vicinity of the site indicated herein or at
an alternative site possibly off the territory of the tentative map which
alternative site shall meet with the approval of the City.
Prior to approval of each final map, copies of proposed CC&Rs for the
subdivision shall be submitted to and approved by the City Planning
Department.
Prior to approval of the first final map, the developer shall provide a
schedule, subject to the approval of the Planning Director and City
Housing Coordinator, for the development of low income housing as defined
in the agreement executed between the City and Rancho del Rey Partnership
per City Council Resolution No. 15751 dated August 7, 1990.
Prior to the approval of any final map for the subject subdivision or any
unit thereof, the developer shall obtain all off-site right-of-way
necessary for the installation of required improvements for that unit.
The developer shall also provide easements for all on-site and off-site
public storm drains, sewers and other public utilities prior to'approval
of the final map. Easements shall be a minimum width of 6 feet greater
than pipe size, but in no case less than 10 feet.
The developer shall notify the City at least 60 days prior to.
consideration of the final map by City if off-site right-of-way cannot be
obtained as required by the Conditions of approval. (Only off-site right-
of-way or easements affected by Section 66462.5 of the Subdivision Map Act
are covered by this condition.
After said notification, the developer shall:
.-/
J / --,;25
Resolution No. 16222
Ige 14
C0
e
~
,
A. Pay the full cost of acquiring off-site right-of-way or easements
required by the Conditions of Approval of the tentative Map.
B. Deposit with the City the estimated cost of acquiring said right-of-
way or easements. Said estimate to be approved by the City
Engineer. "
C. Have all easements and/or right-of-way documents and plats prepared
and appraisals complete which are necessary to commence condemnation
proceedings.
D. If the developer so requests, the City may use its powers to acquire
right-of-way, easements or licenses needed for off-site improvements
or work related to the Tentative Map. The developers shall pay all'
costs, both direct and indirect incurred in said acquisition.
The requirements of a, b, and c above shall be accomplished prior to the
approval of the Final Map.
All off-site requirements which fall under the purview of Section 66462.5
of the State Subdivision Map Act will be waived in accordance with that
section of the Act if the City does not comply with the 120 day limitation 'I_~
specified in that section. U:o"
Prior to approval of each final map, the developer shall enter into an ~,/~'
agreement with the City to include the subdivisions in the Mello Roos ~
public facilities district or an acceptable alternative financing program,
subject to the approval of both the Chula Vista Elementary and Sweetwater
High School Districts.
Prior to approval of each final map, the developer shall enter into an
agreement with the City wherein he agrees to comply with that version of~
the Growth Management Ordinance in effect at the time a building permit is
issued. Such compliance includes but is not limited to the then current
East Chula Vista Transportation Phasing Plan and the adopted Air Quality
Improvement plan and Water Conservation Plan for Rancho del Rey SPA III.
Prior to final map approval for any phase or unit thereof, the developer~
shall enter into an agreement with the City whereby:
A. The developer agrees that the City may withhold building permits for.
any units in the subject subdivision if anyone of the following
occurs:
1. Regional development threshold limits set by the then current
adopted East Chula Vista Transportation Phasing Plan have been
reached.
) /-;2t
64.
65.
66.
67.
\'68.
Resolution No. 16222
Page 15
2. Traffic volumes, level of service, public utilities and/or.
services exceed the threshold standards in the then effective
Growth Management Ordinance.
B. The developer agrees that the City may withhold occupancy permits
fcir any of the phases of development identified in the Public
. Facilities Financing Plan (PFFP) for Rancho del Rey SPA III if the
required public facilities, as identified in the PFFP or as amended
by the Annual Monitoring Program have not been completed.
Prior to approval of each final map, the developer shall agree to not.
protest the formation of a district for the maintenance of landscaped
medians and parkways along streets within and adjacent to the subject
property.
Prior to approval of each final map, the developer shall enter into an
agreement with the City wherein he holds the City harmless for any
liability for erosion, siltation or increased flow of drainage resulting
from this project.
The developer shall enter into an agreement with the City wherebylthe
developer agrees to participate in the monitoring of existing and future
sewage flows in the Telegraph Canyon Trunk Sewer and the financing of the
preparation of the Basin Plan and, pursuant to any adopted Basin Plan,
agree to participate in the financing of improvements set forth therein,
in an equitable manner. Said agreement shall be executed by the developer
prior to final map approval for any phase or unit proposing to discharge
sewage into the Telegraph Canyon Trunk Sewer.
. J(
The developer shall permit all franchised cable television companies
("Cable Company") equal opportunity to place conduit to and provide cable
television service for each lot within the subdivision. The developer
shall enter into an agreement with all participating Cable Companies which
shall provide, in part, that upon receiving written notice from the City
that said Cable Company is in violation of the terms and conditions of the
franchise granted to said Cable Company, or any other terms and conditions
regulating said Cable Company in the City of Chula Vista, as same may from
time to time be amended, developer shall suspend Cable Company's access to
said conduit until City otherwise notifies developer. Said agreement
shall be approved by the City Attorney prior to final map approval.
t?
The developer shall utilize the Paseo Ranchero corridor for construction
traffic unless otherwise afProved by the City Engineer. A construction
traffic plan shall be subm tted for review and approval prior to approval
of the first final map or issuance of a grading permit, whichever occurs
first. The plan shall include provisions for dust control and state hours
of operation. Revisions ,to said plan shall be approved by the City
Engineer.
J/~.27
69.
The subject property is within the boundaries of Open Space District '20
(Zone 7), Open Space District '10 (Phase 11) and Assessment District '87-
1. Prior to final map approval or other grant of approval for any phase
or unit thereof, the developer shall pay all costs associated with:
A. detachment of subject property from Open Space District '10 (Phase
11); and
B. reapportionment of assessments for Open Space District '20 (Zone 7)
and Assessment District '87-1 as a result of subdivision of lands
within the project boundary.
70. The developer shall pay:
~~ .
o ~
~h
~~
Resolution No. 16222
~"
Fees/Pavrnents
A. Spring Valley Sewer Trunk connection fees ($130/acre) prior to final
map approval for any phase or unit thereof contributing flow to the
Spring Valley Trunk Sewer.
B. Telegraph Canyon drainage fees in accordance with Ordinance 2384.
71. PAD fees shall be waived or modified as provided in the adopted Public
Facilities Financing Plan for Rancho del Rey. RCT fees and DIF fees shall
be paid in accordance with the applicable regulations, including the duty
to pay the fees in effect at the time the bulding permits are issued. PAD
fees shall be guaranteed until such time as the City waives said fees.
Miscellaneous
73.
The boundary of the subdivision shall be tied to the California System .yI
Zone VI (1983).
Prior to final map approval for any unit, the developer shall submit al
copy of said 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 submitted on 5 1/2
HD floppy disk prior to recordation of the final map.
I
The developer may file a master final map which provides for the sale of
super block lots corresponding to the units and phasing or combination of
units and phasing thereof, shown on the tentative map.
If said super block lots do not show individual lots depicted on the
approved tentative map, a subsequent final map shall be filed for any lot
which will be further subdivided.
72.
74.
#~r
Resolution No. 16222
Page 17
The City Engineer may condition approval of such a final map to require
necessary plans to provide infrastructure necessary tou meet City
threshold policies and to conform to the approved Publilc Facilities
Financing Plan. All super block lots created shall have access to a
dedicated public street.
~Bonds i~ the amounts determined by the City Engineer shall be posted prior
to approval of a master final map. Said master final map shall not be
considered the first final map as indicated in other conditions of
approval unless said map contains single or multiple family lots shown on
the tentative-map.
-
Code Reauirements
75.
I
The developer shall comply with all relevant Federal, State and Local
regulations, including the Clean Water Act. The developer shall be
responsible for providing all required testing and documentation to
demonstrate said compliance as required by the City Engineer. I
v
76.
The developer shall comply with all applicable sections of the Chula Vista
Municipal Code as they exist at the time of issuance of the building
permit. 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 Map Act and the City of Chula Vista Subdivision Ordinances and
Subdivision Manual.
J
Applicant shall comply with, remain in compliance with, and implement, the
terms, conditions and provisions of the Sectional Planning Area Plan, and
such Water Conservation Plan, the Air Quality Plan and the Public
Facilities Financing Plan approved by the Council ("Plans") as are
applicable to the property which is the subject matter of this Tentative
Map, prior to approval of the Final Map, or shall have entered into an
agreement with the City, providing the City with such security (including
recordation of covenants running with the land) and implementation
procedures as the City may require, assuring that, after approval of the
Final Map, the Applicant shall continue to comply with, remain in
compliance with, and implement such Plans. Developer shall agree to waive
any claim that the adoption of a final Water Conservation Plan or Air
Quality Plan constitutes an improper subsequent imposition of the
condition.
77.
//-:2;
'-
.
Resolution No. 16222
age 18
That a copy of this resolution be transmitted to the owners of the property.
~/. I /. I
/.~/,/;:' L-./[:'-
Robert A. Leiter
Director of Planning
Bruce M. Boogaar
Ci ty Attorney
Presented by
II" Jt7
,
Resolution No. 16222
Page 19
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 30th day of July, 1991, by the following vote:
AYES:
Councilmembers: Grasser Horton,
Moore,
Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: Nader
ABSTAIN: Councilmembers: Malcolm
-'
;'
. . / ,
.~ I..... I ". f -.
... .. Tim Nader, Mayor
, .
ATTEST:
I / ~ I t t~~ / o.{
Y}{/i:iit .I. .luik..~. .
Beverly.~. Authelet, City Clerk
STATE OF CALIFORNIA ~
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
ss.
I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16222 was duly passed, approved,
and adopted by the City Council held on the 30th day of July, 1991.
Executed this 30th day of July, 1991.
1)-<3 J
Minutes
July 30, 1991
Page 2
/I/Mc/Jm-/7f ..E
l
PUBlJC HEARINGS AND pRI..\TED RESOUJnONS AND ORDINANCES
7. PUBlJC HEARING PCS-90-02: REQUEST TO SUBDIVIDE 404.9 ACRES KNOWN AS RANCHO
DEL HEY SECTIONAL PlANNING AREA m, CHULA VISTA TRAcr NUMBER. 90-02 LOCATED BETWEEN
EAST "H" STREET AND TELEGRAPH CANYON ROAD, IMMEDIATELY SOU'lH OF RANCHO DEL HEY SPA
I; RANCHO DEL HEY PARTNERSHIP - The public hearing on this matter was continued from the meeting
of July 9, 1991 to allow for notification of additional residents within the vicinity of the proposed project.
The City Attorney's Office has revised the draft resolution to reflect changes in the tentative map conditions
which were voted on by the Council prior to taking action to continue the hearing. Staff recommends
approval of the resolution. (Director of Planning) Continued from the 7/18191 meeting.
Mayor Nader informed the Council that Councilwoman Grasser Horton had divested herself of the holdings
for which she had previously declared a conflict of interest and would be able to participate and vote
tonight.
Councilman Malcolm stated that his pension plan acquired stock approximately one month ago and the
trustee had not divested and therefore he would abstain from participation and voting.
City Attorney Boogaard informed Councilman Malcolm that he would also have a conflict of interest on Item
#8.
Mayor Nader informed Council that he would have to leave the Council meeting in order to attend an
( AbTech II meeting at 7:00 p.m.
Mary May representing Lattieri/Mclntyre, stated the public hearing had been continued in order to expand
the public mailing list. Staff had the opportunity meet informally with those residents expressing concern
and staff felt that the issues were addressed at that time. Staff would recommend the following addition
to Condition 29 'all graded areas shall be replanted prior to the approval of the final map. Germination of
plant materials shall be gUaranteed to the satisfaction of the City's landscape architect".
This being the time and place as advertised, the public hearing was reopened.
AI Hanson, 1321 Mesa Grande Place, Chula Vista, CA, spoke in opposition to the staff recommendations.
He did not feel the water issue had been addressed and that building should not be allowed until new water
resources were found. He felt it unfair for existing homeowners to have to conserve water. He also
questioned the amount of open space between Buena Vista Drive and the townhouses.
Jon Buddingh, Jr., 1363 Santa Cruz Court, Chula Vista, CA, spoke in opposition to the staff
recommendations. He felt the major concern was the water off-set program and that it should be set at
100%. Every development should be required to supply all the water it will use. He further expressed
concern over the four lane roadway through Rice Canyon and recommended the construction of a bridge
in order to leave the bottom of the canyon untouched.
Clifford Swanson, City Engineer, responded that future traffic projections show high volumes which would
require a four lane roadway. The projections are from existing and future development, not just this project.
(
Mayor Nader questioned whether the EIR addressed the four lane roadway through the canyon. He further
stated that it was his understanding that the water off-set was 100% and the only factor to be determined
was which off-set program would be utilized.
) /-' 3:2.
Minutes
July 30, 1991
Page 3
(
Robert Leiter, Director of Planning, stated that the condition was written so the applicant would have to
comply with a City approved water off.set policy. A 100% off-set was the direction of the Council at the SPA
level and Council can establish the off-set at whatever level is felt appropriate.
Mayor Nader stated it was his understanding that building could not take place until a water off-set plan
is approved by Council. Whatever plan is approved must be approved and certified as meeting the objectives
for the City.
Ms. May stated the horizontal distance between Buena VISta and the townhouses will to 35 to 100 feet. The
strUctures on the pad will be an additional 20 to 75 feet. The parcel is subject to precise plan approval and
will have to be brought back in a public hearing forum.
Mayor Nader questioned whether the water off-set plan would be adopted before the precise plan is brought
back for adoption.
Mr. Leiter responded that it was a condition before fina1 map recordation but the developer could file a
precise plan before that time.
Ken Baumgartner, representing McMillin Communities, 2727 Hoover Avenue, National City, CA, spoke in
support of the staff recommendations. The project being discussed is in the later part of the overall plan
and he would assume that a water off-set plan could be approved by Council before then. He then gave a
brief summary of the planning process that began in the early 1970's. The plan has been reviewed by the
Parks and Recreation Commission and unanimously approved by the Planning Commission.
(
Betty Dehoney, P & 0 Technologies, author of the EIa, stated that it would not appear there would be
substantial differences from a four lane to two lane roadway.
Allan Tait, 1372 Cerritos Court, Chula Vista, CA, spoke in opposition to the staff recommendations. He
thanked the Planning staff for meeting with the neighbors regarding their concerns. He expressed his
concern over the lack of open space and felt the natural heritage of the City was being destroyed. He hoped
that the City would at some point set aside a regional park or major green belt.
There being no further public testimony, the public hearing was declared closed.
Mayor Nader stated that he shared the concern that all developable land was being developed. He
questioned whether staff had considered, if there was a desire to reduce the total amount of development
and to increase the preservation of aesthetic open space, as to where and how a reduction in density would
be achieved and the number of units that would be involved.
Mr. Leiter responded that staff had not reevaluated the project in terms of an alternative such as that. The
EIR had addressed alternatives regarding environmental issues but not density.
Councilman Rindone felt that McMillin had submitted a plan with mixed uses and variety that compliments
the existing areas.
Mayor Nader stated that the water and air conditions were attached at the SPA level and it was his
understanding that the water off-set would be 100%. He did not have a problem with putting over the
determination of who's 100% water off-set plan is adopted, but anything less than 100% would not meet
his intent of the motion made at the approval of the SPA plan.
jJ- 33
Minutes
July 30, 1991
Page 4
~
MP (Nader) the condition of the tentarlft map be amended to reflect that the plan ultimately approved and
certified by the Council be a 100% water off-set. Motion died for lack of second.
Mr. Leiter stated the current condition requires the developer to comply with a water off-set policy as
determined by the Council.
C!luncilman Moore felt that numerous checks and balances had been included in this development and it
was the first development to have air and water off-sets. The City of Chula Vista has one of the best growth
management plans in the state.
Councilman Rindone stated philosophically he could support the 100% water !Iff-set but noted that the
Council had set a condition which required the developer to comply with whatever water off-set program
was adopted by Council. There should be a cooperative county-wide partnership for water conservation.
He felt the Council had been very progressive regarding water conservation.
Mayor Nader agreed that Council had been progressive setting an air and water off-set programs. He had
been advised that a 100% air quality off-set would not be attainable but a 100% water off.set would be.
He had been willing to compromise regarding the air quality off-set with a 100% water off-set. It was his
understanding that this would be incorporated in the tentative map. He felt compelled to vote no on the
tentative map unless that amendment was made.
Councilman Rindone stated that with the existing condition, the Council still had the option of setting a
higher water off-set.
(
Mayor Nader stated he would have to leave the meeting but wanted to address Item 8. He stated that he
did not have the biological expertise to say whether the gnatcatcher should or should not be listed. Unless
scientific data was available, the decision may be better off left to the experts.
Mayor Nader left at 7:06 p.m. with Mayor Pro Tempore Moore chairing the meeting.
RESOLUTION 16222 OFFERED BY MAYOR PRO TEMPORE MOORE, reading of the text was waived.
Mayor Pro Tempore Moore requested that staff keep Council informed on the progress and status of the
water off-set programs.
Mr. Lee, Assistant Director of Planning, qu~tioned whether it was Council's intent to include the
modifications to Condition 29 as recommended by staff.
City Attorney Boogaard stated the amendment to Condition 29 should state . All graded areas shall be
replanted prior to the approval of any final map. Germination of plant material shall be guaranteed by the
applicant to the satisfaction of the City landscape architect".
Mr. Baumgartner responded that the developer agreed with the amendment.
AMENDMENT TO MOTION: (MoorellUndone) to amend Conditi!ln 29 as recommended by staff. Approved
3-0-1-1 with Mayor Nader absent and Cmm,.,1man Malcolm abstaining.
(
VOTE ON RESOumON 16222 AS AMENDED, approved 3-0-1-1 with Mayor Nader absent and Councilman
Malcolm abstaining.
//'31
COUNCIL AGENDA STATEMENT
Item: J;<,
Meeting Date: 04/25/95
SUBMITTED BY:
Report: Proposed USA Voll~ Facility in Chula Vista
Director of Parks and Recrea~
Director of Planning .,t;t
City Manager~ ~ @
(4/5ths Vote: Yes _ No -XJ
ITEM TITLE:
REVIEWED BY:
In March 1995, City staff and the EastLake Development Company held preliminary discussions
regarding the possibility of constructing a USA Volleyball facility in the eastern part of Chula Vista.
EastLake is working with the Griffin Foundation, a California Non-Profit Corporation, which develops,
operates and supports youth sports programs and facilities.
The Griffin Foundation proposes to construct and operate a multi-purpose sports center in Chula Vista,
to specifically house USA Volleyball. A qualification of the Griffin proposal is that the land for the sport
center would need to be available for a leasing arrangement. EastLake is interested in providing the land
for the project, depending upon an agreement with the City for park acreage credit. This report discusses
the preliminary proposals being evaluated by staff and EastLake.
This report is being brought forward to the Council at the preliminary discussion stages in order to
accommodate the Griffin Foundation in their efforts to present the interest of Chula Vista to the USA
Volleyball Association. The intent of the report is to solicit Council support of a concept plan for
development of a facility based on certain conditions.
RECOMMENDATION: That Council support:
I. the concept of the construction and operation by the Griffin Foundation (at their own expense)
of a multi-purpose sports center in Chula Vista, to specifically house the USA Volleyball
Program; and
2. the conceptual project parameters subject to the continuing commitment by the USA Volleyball
organization remaining in Chula Vista; and
3. the donation of the site property (a yet to be determined acreage of 5-7) by the EastLake
Development Company, which property shall be dedicated to the City and leased to the Griffin
Foundation; and
4. a park acreage credit (amount to be determined [0-7 acres]) to the EastLake Development
Company, in consideration of the donation of land for the project; and
[All3 .volleyball.AI3 -04-19-95]
1
J:2~1
Item: J )....
Meeting Date: 04/25/95
5. the negotiation of a lease agreement with the Griffin Foundation which, among other provisions,
will include City use of the facility and the possible turnover of the facility to the City of Chula
Vista at a future date; and
6. If Site #1 is selected, EastLake Development Company will be required to extend Hunte Parkway
across and north of Otay Lakes Road, to provide access to the property.
BOARD/COMMISSION RECOMMENDATION: N/A. Staff proposes to bring this matter before the
Parks and Recreation Commission for review at their May 1995 meeting.
DISCUSSION: The Griffin Foundation is a 501-C3 California Non-Profit Corporation. The primary
charter of the foundation specifies, among other things, the development, operation, and support for youth
sports programs and facilities. The Foundation operates primarily through Griffin Sports Inc. (a wholly
owned subsidiary) for the benefit of youth sports and recreation. Profits from Griffin's operations are
earmarked for supporting youth programs, especially for the disadvantaged and underprivileged. The
Griffin Foundation recently completed the construction of the Ice Centre of San Jose, through a joint
venture with the City of San Jose. The Ice Centre is the home of the San Jose Sharks National Hockey
League team.
Griffin Foundation currently operates (founded) Griffin Volleyball Club, and also operates World Soccer,
a youth soccer organization, which sponsors international summer camps and clinics.
Griffin has been interested in placing a facility in San Diego County (and is also currently looking at the
Orlando, Florida area) and has been negotiating with the City of San Diego. However, after 18 months
of negotiations, the City of San Diego has not offered a suitable site for the project; thus, Griffin is
seriously considering Chula Vista. The Griffin Foundation has advised they have a May 1, 1995 deadline
in securing a Letter of Interest from the site city, in order to proceed with the project and the proposal
to the USA Volleyball Association.
Griffin Foundation Proposal
The Griffin Foundation is proposing to use its capabilities and experience to work hand-in-hand with local
Government, Community agencies, and civic interest groups to build, manage and operate a multi-
purpose sports center facility (Griffin Foundation Proposal- Attachment "A"). The Sports Center will
feature special volleyball, fitness and training programs, and other fast growing youth sports; however,
the Center could be designed to provide opportunities for other usage such as basketball, indoor soccer
and badminton, etc. Griffin will also assist in promoting Junior Olympics, Special Olympics, Men's and
Women's Olympics and Collegiate Scholarship programs.
The Sports Center in Chula Vista would feature volleyball, because of its growing popularity and family
orientation, and its attraction to all ages and physical abilities. In their proposal, Griffin Foundation
states that their center's management team will work closely with local civic interest groups, park
departments, junior/senior high and college coaches, to gain their participation in building and expanding
their sports programs.
[All3 - volleybalLA13 - 04-19-95]
2
J)~.}..
Item: / ;L.
Meeting Date: 04/25/95
The Griffin Foundation proposes the City enter into a long term (undisclosed term at this time) lease of
6-7 acres of land to allow for a "build-to-suit" facility, which would be designed to meet the USA
Volleyball facility standards. The land is estimated to be valued at $2.6 million. The facility is estimated
to be built at a cost of between $4.5 million and $6 million. The facility would also include a 20,000
square foot office area, which would provide sports medicine, health bar, and other leasable space. In
cooperation with the City, the Griffin Foundation would then structure a sublease for space (for office
space, and in addition, dedicate time and facilities for use by the athletes) with the USA Volleyball
Association and Team for one dollar per year.
BastLake Develooment Comoanv Involvement
The BastLake Development Company has stated they have considerable interest in the USA Volleyball
Team being in Chula Vista. Their interest is manifested in their offer to donate land for the project.
They are, however, requesting that the City consider setting aside a certain amount of park acreage as
a way of mitigating their five acre park land obligation, as noted in the BastLake Greens Development
Agreement.
BastLake is proposing to donate property which is designated for park or public/quasi public uses on the
adopted BastLake General Development Plan. Various sites were evaluated by City staff and BastLake
representatives to determine whether the sites had been previously disturbed (farmed), their accessibility,
visibility and compatibility with adjacent land uses (existing and proposed). Two sites (one on the north
side of Otay Lakes Road and one on the south side of Otay Lakes Road - see Attachment "B ") are
acceptable to both City staff and BastLake representatives; however, both need further evaluation before
a final selection is made.
Staff Bvaluation
At this point in time, there are many unanswered questions regarding this proposal. The reason for
bringing this report to the Council at this point in time is to request conceptual approval for Griffin
Foundation, BastLake, and the City to move forward to "begin" negotiations on site requirements, project
parameters, city-use, access, and any other requirements which will make the facility of value to the
community .
Benefits of Project:
1. The Griffin Foundation would build and operate the facility (and programs) for youth in the
community .
2. The Griffin Foundation would work with the City, special interest groups, and the community
at large to bring to fruition recreational facilities and programs deemed necessary and desirable
for Chula Vista.
3. The Griffin Foundation has verbally indicated that they will provide a multi-purpose facility to
meet a variety of City recreational needs.
[A1l3 - volleyball.AI3 - 04-19-95]
3
);J.~3
Item: / ;;.,
Meeting Date: 04/25/95
4. Their non-profit status allows them to raise money for the development, operation and support
of youth programs.
5. Griffin Foundation would provide a mechanism for the City of Chula Vista to keep the USA
Volleyball Association and Team in San Diego County, and to provide for an effective youth-
oriented program for the community. The project provides for a less expensive alternative to the
City funding a sports center.
6. There would be a beneficial tie-in to the proximity of the Olympic Training Center and
coordination of youth sports programs.
Issues requiring Further Consideration:
The City's intent is to provide optimal usage of the site and facilities which could include both public and
private uses. The construction of a multi-purpose facility will facilitate other sports such as basketball
and badminton. Additionally, the City wishes as a condition of the lease agreement that (1) courts
designated for public use, (2) the provision of affordable youth camps, (3) donations provided for youth
related activities, and (4) the provision of training clinics for youth and adults in regarding techniques
for youth athletes. The opportunity of elite athletes to provide training seminars to schools and
community-based organizations is also a highly desirable benefit.
The City wishes to analyze further EastLake's request for park acreage credit, in order to ascertain
whether park credit is the best methodology to compensate EastLake, yet assure that EastLake's full
obligations are met per the applicable development agreements.
Staff believes the potential of this project is very beneficial and is recommending Council approval of the
concept with the conditions stated above.
FISCAL IMPACT: Under the Griffin Foundation's guidelines, there is no monetary commitment by
the City other than providing the land; which in this case may be taken care of by the EastLake
Development Company (with a negotiation mitigation on park land requirements for EastLake).
Ultimately however, depending on the negotiated agreement, there may be future costs to create
possession of the land for a lease; costs associated with City's programs at the site, and staff costs
associated with facilitation of the project.
On the plus side, there is a cost offset to the City in the future (the cost of acquisition of land [$2.6
million] and development of the project [$4.5 - $6 million]) by having this facility available to the public,
and the City would not be obligated to provide a like facility.
Potentially, there could be an agreement with the Griffin Foundation for revenue sources to the City
resulting from leasing agreements (office space, tournaments, etc.).
Attachments:
Attachment "A" -
Attachment "B" -
Griffin Foundation Proposal
Site Map
[A1I3 - volleyball.Al3 -04-19-95)
4
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Attachment A-I
Sports Center
Proposal
Presented by:
Glen A. Young
October 1994
Glen A. Young reserves all rights to this proposal. No part of this proposal may be used or
reproduced without written permission of Glen A. Young.
\~-s
Attachment A-2
"""'"
Table of Contents
Introduction..................................................................................................................... 1
Overview.. ....................................... ................................................................................ 3
Industry Reports.............................................................................................................. 5
Sports Center ......... ......... ..... ............................................................................................ 7
Griffin Foundation.... ......... ... .......................... ............ ...... ... ............................................ 10
Demographics of Initial Sports Center Locations ........................................................... 12
Financial Projection......................................................................................................... .16
"""
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Attachment A-3
Ie Introduction
The development of the proposed Multi-Purpose Sports Center facility, in communities where
there is strong support for youth and family active sports programs, will fill a need that has
become an alarming problem in our society and for City, State and Government officials.
The Griffin Foundation has the capabilities and experience to work hand-in-hand with local
Government and Community agencies and Civic Interest Groups to build, manage and operate a
multi-purpose sports center facility. The Foundation will, in appropriate circumstances, build
and I or operate a Sport Center recreational facility program for the youth of a qualifying
community. The Griffin Foundation are particularly interested in supporting youth programs to
benefit the disadvantaged and underprivileged.
Each Sport Center will feature special volleyball, fitness and training programs in addition to
other fast growing youth sports, i.e., roller hockey. They will assist in promoting Junior
Olympics, Special Olympics, Men's and Women's Olympics and Collegiate Scholarship
.: e programs.
The Sports Center will feature volleyball, because of its growing popularity and attraction to all
ages, physical abilities and a sport that can be played by the entire family. A specialized sports
and a training center that is affordable and open to youths, families, individuals and business
organizations can also provide a focal point within the community. Plus, the indoor I outdoor
facility will compliment the community's efforts to fill the needed demand for these sports
activities. The center's management team will work closely with local civic interest groups, park
departments, junior I senior high and college coaches to gain their participation in building and
expanding their sport programs.
Our proposed Sport Center and it's multi-purpose designed facilities can accommodate the fast
growing sport volleyball and other specialized sports. The center can gain the community's
support through active participation with youth, families and business organizations to help
alleviate the growing problems that city, state and federal agencies will face I are facing (in
teday's world).
ie
\ 1v- 7
Attachment A-4
The Sports Centers can be a focal point and can be expanded to serve as Olympic training centers
and a youth facility that will provide services and activities which are now a commitment by the
United States Government.
"""
To encourage a college education, a special program can be designed to work with the school
system for those who may not be able to afford higher education but have that special talent. The
program would provide special training and assistance via available full and partial athletic
scholarships for college for our youth in both junior and senior high.
The proposed Sport Center by Glen A. Young can be the primary facility for healthy community
sports activity that can be embraced and supported by City, State and Federal Government
agencies.
""'"
,
Sports Center Proposal
Page 2
l 2- )?
Presented by:
Glen A. Young
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Attachment A-5
Overview
Since the 1980's Americans have witnessed a phenomenal surge of interest in one distinct aspect
of their lives - physical fitness, With more Americans than ever before enrolling in fitness
programs, volleyball, along with this surge, has enjoyed it's own growing reputation as one of
America's most popular participation sports. We believe because of volleyball's attraction to all
ages and abilities, it can soon become the "All-American" family sport. It is a sport that is
affordable and can be a motivate for communities to get more involved in promoting and
sponsoring the sport of volleyball.
Even though parks and playgrounds are, and should be, utilized to a greater extent, indoor
facilities are limited by greater demand by other sports for its space. This makes it almost
impossible for the present facilities to meet the demand of expanded need for indoor recreation,
including volleyball. The leagues and day camps, as well as affordable physical fitness training
centers, growing league play in both junior I senior high, men's and women's and now the keen
interest within the corporate structures, makes a larger need for Sport Centers including activities
such as Volleyball and complete physical fitness programs in major population areas.
Sport Centers, well designed to meet this growing demand for various league play, camps,
tournaments, instructional clinics and for playing space, can serve as a community sports facility.
Our research show that a multi-purpose sport center, strategically located, could be very
successful financially.
Volleyball is one of the fastest growing sports in America, however, this sport needs facilities
and must reach out to the grass roots programs to initiate a broad training and clinic program for
the youth. It is a sport that can help bring families together in a wholesome activity and assist in
getting our young people off the streets.
Roller Blade Hockey is fast becoming a sport that is being embraced by the youth as well as
young adults. The Roller Blade industry's growth our the past five years is phenomenal.
Statistics show that a Multi-Purpose Sports Center designed to provide a variety of activities has
a higher rate of success.
Sports Center Proposal
p~
LZ-9!12-/0
Presented by:
Glen A. Young
Attachment A-6
We can be the catalyst to motivate and help communities solve a major problem facing them
today by providing American families with a Multi-Purpose Sports Center that will provide
many wholesome activities, training and benefits.
""'"
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Sports Center Proposal
Page 4
Presented by:
Glen A. Young
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Attachment A-7
Industry Reports
It has been reported that multi-purpose sports centers are in great need in communities and cities
throughout the United States. They will provide and create a wholesome, positive environment
for young athletes. The programs that can be developed are excellent opportunities, for boys and
girls between the ages of eight and 18, to learn the skills and associations of being part of a well
organized and supervised sport program.
Volleyball: It has been reported by U.S.V.B.A. and F.l.V.B. that volleyball is the second largest
participant sport in the world. Since the 1988 Summer Olympic Games, the total number of
teams and adults registered with U.S. Volleyball has increased 248 percent. The number of
Teenage players (participants in the U.S. Junior Olympics Volleyball program) has jumped over
88 percent since 1988 (and nearly 300 percent since the 1984 Olympics). In 1993, more than
350 teams competed at the U.S. Junior Olympic Championship.
Youth programs for boys and girls (ages seven to 12) are springing up throughout the United
States. The U.S. Junior Outdoor Championship, for 18 and under, will be held in conjunction
with the U.S. Outdoor Championships beginning in 1994. Collegiate level represents yet another
important area where significant growth has occurred. The N.C.A.A. reports 279 Division I, 228
Division II and 306 Division ill women's volleyball programs. There are also 60 N.C.A.A.
institutions sponsoring men's teams and 76 men's club teams. Plus 297 N.A.l.A. institutions and
306 NJ.C.A.A. schools have women's volleyball programs. Across the country there are 528
Junior College's and 76 California Community Colleges competing in volleyball.
Seniors volleyball is also growing at a rapid rate with open championships from ages 65, 60, 55,
45,40,35 and 30 and under. The F.l.V.B. states that 250 million people, ages 15 to 50 years old
participated in volleyball competition within Official Federation International de Volleyball
Tournaments. They also report that over 800 million people play indoor and outdoor volleyball
for entertainment in summer camps and other volleyball facilities.
Where will all this growth in the active sport of volleyball take place? It's reported that 62
facilities throughout the United States are in the planning stages. Few are well organized but
most are not. Community, State, and Federal Government have shown increasing interest in
being involved. A Multi-Purpose Sport Center can fill these needs and a well managed facility
can financially carry itself.
SportsCen~rProposa1
Page 5
12 -II //2 -/7....-
Presented by:
Glen A. Young
Attachment A-8
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The Griffin Foundation and it's Griffin Sports, Inc. (a wholly owned subsidiary management
group) can provide this service.
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Griffin Foundation
SponsCen~rPropo~
Page 6
12,-/2;
Presented by:
Glen A. Young
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Attachment A-9
Sports Center
The multi-purpose design will accommodate a variety of sports and other facilities. It also can
be the focal point for championship events as well as a Olympic training center. The Center is
laid out to provide indoor facilities for primary sports and services that will compliment the
Center.
. Volleyball
. Badminton
. Physical Fitness Center
. Championship Courts
. Convertible Courts to Basketball, Roller Hockey
. Variety of Food Concessions
. Sports Center
Sports Center Proposal
1!age-7
Presented by:
Glen A. Young
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Griffin Foundation
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What can the Foundation do for your community?
The Griffin Foundation will, in appropriate circumstances, build and / or operate recreational
facilities (and / or programs) for the youth of a qualifying community. To qualify for investment
and support from the Griffin Foundation, a community must demonstrate a need and must
qualify under Griffin's investment guidelines. Griffin must also be invited into a given
community by the local jurisdictions.
Griffin works, hand in hand, with the local jurisdiction, special interest groups, and the
community at large to bring to fruition recreational facilities and programs deemed necessary and
desirable for a given community. Although Griffin may entertain recreational / sporting facilities
of all types, it has a special interest in ice sports, hard court (i.e.. volleyball), and soccer facilities.
The Griffin Foundation
Griffin Foundation is a 501-C3 California Non-Profit Corporation. The primary charter of the
foundation specifies, among other things, the development, operation, and support for youth
sports programs and facilities. The Foundation operates primarily through Griffin Sports Inc. (a
wholly owned subsidiary) for the benefit of youth sports and recreation.
~
The three primary areas of Griffin's current involvement in youth sports centers around the Ice
Centre of San Jose, supporting all youth ice sports, Griffin Volleyball Club, a nationally
recognized youth volleyball club, and World soccer, an internationally known youth soccer
organization.
Profits from Griffin's operations are earmarked for supporting youth programs, especially for the
disadvantaged and underprivileged.
What programs has Gritrm been involved in that may prove as examples?
Griffin has developed and operates the Ice Centre of San Jose under unique joint venture
relationship with the City of San Jose, California. The Ice Centre was constructed on City
owned land and was financed by a combination of private investment by Griffin and tax exempt
financing procured by the City. The Ice Centre of San Jose has been called the best all around
ice facility in the Western United States.
~
Spons Center Proposal
Page 10
\ 2-lb
Presented by:
Glen A. Young
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Attachment A-13
The Ice Centre is a 80,000 square foot facility containing two NHL regulation size sheets of ice,
concession areas, locker areas, ice facilities, offices, and space for future construction of
classrooms, restaurant, and conference areas. It is regarded as the premiere ice facility in the
Western United States. It serves as a community asset for recreational programs, youth and adult
sports programs, community skating, and support for the San Jose Sharks NHL franchise and the
San Jose Arena.
For this project, Griffin was invited into San Jose by the City to develop and operate the facility.
Griffin worked with the city, local hockey clubs and skating clubs, along with industry experts to
conceive, design, build, and operate the new Ice Centre. Now open, the Ice Centre
accommodates over 300,000 people per year in a variety of sporting and recreational activities.
These activities range from recreational skating, learn to skate programs, and broomball, to
advance competition in skating and hockey.
Griffin has had extensive experience in youth club sports. Griffin Foundation currently operates
(founded) Griffin volleyball Club. It is considered among one of the top five clubs in the nation.
Griffin also operates World Soccer, a youth soccer organization, which sponsors international
summer camps and clinics and is the only organization of its kind endorsed and commended by
FIFA in the country.
Sports Center Proposal
Page II
Presented by:
Glen A. Young
l7:11
Attachment A-14
Demo~raphics of Initial Sports Center Locatm
'"""
National statistics show that California is the number one state in the nation by almost any
standard. Average income, population over 29 million people and has over 15% of the US
effective buying income (Disposable personal income, after taxes).
My first recommendation for installation of the proposed Multi-Purpose Sport Center would be:
San Diego
San Diego has become a major volleyball center with a group all ready organized and
considering a volleyball center. It has the third largest Juniors program in the United States. It is
the sixth largest city with a population of over 1,500,000 people.
Seattle
The metropolitan population is 2,606,000 people with a strong economy and very active Junior
and Senior volleyball programs.
,
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The Bay Area
San Francisco I Oakland, San Jose combined have over 8,000,000 people. Interest is very high
in San Francisco. Lacks indoor facilities for league play.
~
Portland
A very strong volleyball community with a population of over 1,600,000 people. Extremely
interested in indoor volleyball facilities.
Long Beach
The area has over half a million people, is the fifth largest city in Califomia. It has been
recommended that we consider the Long Beach area for a Multi-Purpose Sports Center facility.
They are actively involved with a strategic planning board to expand youth activity programs.
The cities that have been recommended are only a few where a Multi-Purpose Sport Center
would be welcome into the community. There are over 100 strong areas that would welcome our
proposed facility if the Griffin Foundation wishes to expand and develop this concept over a
broader base.
~
Sports Center Proposal
e&ge 12-
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Presented by:
Glen A. Young
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Attachment A-15
The U.S. Government is interested in being involved and could possible provide funding for
Olympic training centers that have been proposed in the part of the Omnibus Crime Bill which is
under consideration at this time. We might very well consider further expansion in this direction.
Spons Center Proposal
Pqel3
Presented by:
Glen A. Young
I A.--19
e Regional Demographics
Demographics
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RANKING CITIES BY POPULATION
IN THE UNITED STATES
1988 1980
RANK CITY JULY 1988 APRIL 1980 ~
1 New York, NY 7.352,700 7.071,639 1
2 Los Angeles, CA 3.352.710 2.968.528 3
3 Chicago. IL 2.977.520 3.005.072 2
4 Houston. TX 1.698.090 1,595.138 5
5 Philadelphia. PA 1.647.000 1.688.210 4
6 SAN DIEGO. CA 1.070.310 875.538 8
7~ Detroit. HI 1.035.920 1.203.369 6
8 Da 11 as, TX 987.360 904.599 7
9 San Antonio. TX 941.150 785.940 11
10 Phoenix. AZ 923.750 789.704 9
11 Baltimore, MD 751.400 7B6.741 10
12 San Jose. 73B,420 629.402 17
13 San Francisco. CA 731.600 678.974 13
14 Indianapolis, IN 727.140 700.807 12
15 Memphis. TN 645.190 646.170 14 ""'"
16 Jacksonvi 11e. FL 635.430 540.920 22
17 Washington, D.C. 617.000 638.432 15
18 Milwaukee. WI 599.380 636.298 16
19 Boston. MA 577 .B30 562.994 20
20 Columbus. OH 569.570 565.032 19
21 New Orleans. LA 531, 700 557.927 21
22 Cl eve land. OH 521, 370 573.822 18
23 El Paso. TX 510.970 425.259 28
24 Seattle. WA 502.20. 493.846 23
25 Denver. CO 492.200 492.694 24
26 Nashville-Davidson. TN 481,400 455.651 25
27 Austin. TX 464.690 345.890 42
2B Kansas City. MO 438.950 448.02B 27
29 Oklahoma City. OK 434.380 404.014 31
30 Fort Worth. TX 426.610 385.164 33
31 Atlanta. GA 420.220 425.022 29
32 Portland. OR 418.470 368.146 35
33 Long Beach. CA 415.040 361.496 37
34 St. Louis. MO 403.700 452.804 26
35 Tucson. AZ 385.720 330.537 45
36 Albuquerque. NM 378.480 332.336 44
37 Honolulu. HA 376.110 367 .878 36
38 Pittsburgh. PA 375.230 423.960 30
I 39 Miami. FL 371, 100 346.681 41
40 Cincinnati.OH 370.480 385.410 32
'"""
Griffin Foundation Page 14 Presented by:
Spons Center Proposal Glen A. Young
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Griffin Foundation
Sports Center Proposal
Page IS
I 2.-- 21
Presented by:
Glen A. Young
MULTI-PURPOSE SPORTS CENTER Attachment A-IS
PROFORMA FINANCIALS
June 1994
~ -. 3 YEAR EXPENSE BREAKDOWN r
EXPENSES: YEAR 1 YEAR 2 YEAR 3
SALARIES 150.000 175.000 200,000
PAYROLL TAXES@ 15% 22,500 26.250 30.000
UTILITIES 20,000 22,500 25.000
INSURANCE 17.500 20,000 22,500
TELEPHONE 10.000 12,000 12.000
BUSINESS TAXESIUCENSES 2.500 2.500 2,500
ACCOUNTING 5,000 7,500 10,000
LEGAL 10.000 5,000 5,000
REPAIRS AND MAINTENANCE 15,000 17,500 20,000
OFFICE SUPPUES 15,000 17,500 20,000
POSTAGE 5,000 6,000 7.000
ADS & PROMO 25,000 25.000 25.000
IMPROVEMENTS 50,000 50,000 50,000
EQUIPMENT REPAIRS 5,000 10,000 15.000
MAINTENANCE CREW 30,000 40,000 50.000
NNN CONTlNGENCIES@15% 52,875 59,513 66,600
------ ------ ------
435,375 506,263 560,600
( Based on a 4.5 million facility 10 year amortization
4,500,000 + interest @ 8.5 = 382,500 1
10 + = 450,000 per year
10 years 191.250 per year
641.250
I
"""
Griffin Foundation
S pons Center Proposal
Page 16
IZ- 22J
Presented by:
Glen A. Young
Attachment A-19
MUL Tl-PURPOSE SPORTS CENTER
PROFORMA FINANCIALS
June 1994
(. MEMBERSHIP INCOME BREAKDOWN
TOTAL MEMBERSHIP MEMBERSHIP
MEMBERSHIP INCOME MEMBERSHIP FEES DUES
VIP
Individual 300 500 150.000 SO 15.000
With Spouse 200 750 150.000 60 12,000
Family 200 1.000 300.000 75 22.500
Corporate I 100 1.500 150.000 100 10.000
Corporate II 100 2,000 200.000 150 15.000
------- ------
1000 815.000 74.500
VOLLEYBALL
Individual 300 300 90.000 35 10.500
With Spouse 100 400 40.000 45 4.500
Family 100 500 50.000 60 6,000
Junior 200 200 40.000 25 5.000
Corporate I 50 750 37.500 75 3.750
Corporate II 50 1.000 SO,OOO 125 6.250
------- ------
800 307.500 36.000
I. FITNESS
Individ ual 300 300 90.000 35 10.500
With Spouse 200 400 80.000 45 9.000
Family 100 SOO SO.OOO 60 6.000
Corporate I 100 750 75.000 75 7.S00
Corporate II 100 1.000 100.000 125 12,500
------- ------
800 395.000 45.000
------- -----
$1.530.000 $156.000
.
Griffin Foundation
Spons Center Proposal
Page 17
Presented by:
Glen A. Young
/2-23
",
MULTI-PURPOSE SPORTS CENTER
PROFORMA FINANCIALS
June 1994 Attachment A-20
3 YEAR COURT FEE BREAKDOWN
( 1
INCOME FROM COURT FEES: YEAR 1 YEAR 2 YEAR 3
JUNIORS: WEEKDAY SESSIONSIDAY 2 2 2
DAYSIWEEK 5 5 5
WEEKS/MONTH 4.3 4.3 4.3
RATElSESSION $20 $22 $24
COURTS AVAILABLE 8 8 8
MONTHLY INCOME 6,800 7,568 8,256
WEEKEND SESSIONS/DAY 4 4 4
DAYSIWEEK 2 2 2
WEEKS/MONTH 4.3 4.3 4.3
RATElSESSION $20 $22 $24
COURTS AVAILABLE 8 8 8
MONTHLY INCOME 5,504 6,054 6,600
SENIORS: WEEKDAY SESSIONSIDAY 4 4 4
DAYSIWEEK 5 5 5
WEEKS/MONTH 4.3 4.3 4.3
RATElSESSION $30 $32 $34
COURTS AVAILABLE 8 8 8
MONTHLY INCOME 20,640 22,016 23,392
WEEKEND SESSIONSIDAY 6 6 6 "'1
DAYSIWEEK 2 2 2
WEEKS/MONTH 4.3 4.3 4.3
RATElSESSION $30 $32 $34
COURTS AVAILABLE 8 8 8
MONTHLY INCOME 12,384 13,216 14,042
OPEN PLAY: HOURS/SESSIONS 1.25 1.25 1.25
SESSIONSIDA Y 4 4 43
DAYSlWEEK 5 5 5
WEEKSIMONTH 4.3 4.3 4.3
RATElSESSION $40 $42 $44
COURTS AVAILABLE 8 8 8
MONTHLY INCOME 34,400 36,120 38,016
CENTER COURTS: SESSIONS/DAY 8 8 8
DAYSIWEEK 7 7 7
WEEKSIMONTH 4.3 4.3 4.3
RATElSESSION $48 $48 $48
COURTS AVAILABLE 2 2 2
( MONTHLY INCOME 23,117 23,117 23,117
TOTAL GROSS MONTHLY COURT FEES 81,759 . 75,664 .,410 ""
Griffin Foundation Page 18 Presented by;
Spons Center Proposal Glen A. Young
l Z~ 2f}
Attachment A-21
MULn-PURPOSE SPORTS CENTER
PROFORMA FINANCIALS
June 1 994
i. 3 YEAR INCOME/EXPENSE BREAKDOWN
INCOME: YEAR 1 YEAR 2 YEAR 3
Monthly Gross Court Fe.. 102.931 108,091 113,423
Obtainable Center Capacity 60% 70% 85%
------ ------ ------
61,759 75.664 96,410
Monthly Membership Dues 46,800 70,480 132.600
------ ------ ------
108,559 146,144 229,010
Annusl Monthly Fe..lDu.. 1,302,703 1.753,724 2,749,120
Day Camp/Clinics 52,000 57.200 66,920
Tournaments 30,000 38,000 45.000
Sponsorship 25,000 35,000 SO,OOO
Pro Shop 15.000 30.000 45,000
Food Conce..lona (14) 95.268 111.146 134.963
ncket Sales for Champlonahlp Games
Two Major Events 2000 seats @ 5.00 20,000 30,000 40,000
------ ----- -----
Projected Income 1.539.971 2.055.070 3,130.003
Membership Sales Income 459.000 510,500 560.500
:e ----- ---- ----
Total 1.998,971 2.565,570 3.690,503
EXPENSES:
Managerial Fees 250,000 300.000 350.000
Operations 435,375 506.263 560.600
Faclllty/Rent or Bond Payment 641.250 641,250 641.250
------ ----- ----
1.326.625 1,447.513 1.551.850
Projected Pre-Tax Profit 672,346 1.118,057 2.138,653
'.
Griffin Foundation
Spons Center Proposal
Page 19
Presented by:
Glen A. Young
t2-26
MULn-PURPOSESPORTSCENTER Attachment A-22
PROFORMA FlNANCIALS
June 1994
3 YEAR INCOME/EXPENSE BREAKDOWN 1\
,
INCOME: YEAR 1 YEAR 2 YEAR 3
Monthly Oro.. Court Fe.. 102,931 108,OSI1 113,423
Obllllnable center CI~C!ty 60% ~ 85%
--- --- ---
61,759 75,664 86,410
Monthly Memberlhlp Due. 46,800 70,480 132,600
--- --- ---
108,559 146,144 229,010
Annuli Monthly F"I/Due. 1,302,703 1,753,724 2,749,120
DIY Clmp/Cllnlc. 52,000 57,200 86,920
Tournamentll 30,000 38,000 45,000
Spon.or.hlp 25,000 35,000 SO,OOO
Pro Shop 15,000 30,000 45,000
Food ConCl..lon. (14) 95,268 111,146 134,863
ncket Slle. for Chlmplon.hlp Olm..
Two MIJor Evenlll 2000 ...111 @ 5.00 20,000 30,000 40,000
--- --- ---
ProJected Income 1,539,971 2,055,070 3,130,003
Memberahlp Sllel Income 459,000 510,500 560,500
---- --- ---
TolII! 1,998,971 2,585,570 3,880,S03 ""
t
EXPENSES:
Manlg.r1IIF... 250,000 300,000 8150,000
Operation. 435,375 506,263 560,600
FlcllltylRent or Bond Plyment 641,250 641,250 641,250
--- --- ---
1,326,825 1,447,513 1.551,850
Projected Pre-To Profit 872,346 1,118,057 2, 138,853
,
'.
'""
Griffin Foundation
Spons Center Proposal
Page 19
Presented by:
Glen A. YClUDI
I Z- 26
.
CHULA
C!5;
NORTH
VISTA PLANNING DEPARTMENT
PROPOSED USA VOLLEYBALL SITES
ATTACHMENT "B"
FII! NUMBER,
1'2-21
ITEM TITLE:
Item 15b
Meeting Date 4/25/95
Resolution J? 8"8' /Taking a position to support SB 623, SB 923 and
S 314, which are not addressed in the Legislative Program, or which
otherwise require direct Council action.
COUNCIL AGENDA STATEMENT
SUBMfITED BY: Legislative Committee /C\~
REVIEWED BY: City Manager~ ~ ~\ (4/5ths Vote: Yes_ No X )
On February 7, 1995, the City Council adopted the 1995-96 Legislative Program. Although this
program was intended to provide comprehensive direction to the Legislative Committee on City's
legislative priorities, there are certain issues which are reserved for direct action by the Council.
Attached are analyses of three pending bills which, under the City's current legislative policy:
are specifically required to be addressed by Council, are not addressed in the Legislative
Program, or are being brought forward at the request of a third party (in this case, Cox Cable
and the California Cable Television Association). Based on fiscal considerations and previous
Council direction (from 1993), the Legislative Committee is recommending that Council take
a position to support these three bills.
RECOMMENDATION: That Council approve the resolution supporting SB 623, SB 923 and
S 314.
BOARD/COMMISSION RECOMMENDATIONS: Legislative Committee recommends support
for all three bills.
DISCUSSION
The bills proposed for Council to support are as follows:
I. SB 923 (Mello) PROPERTY TAXATION Would allow redevelopment agencies to
rebate some or all of manufacturing job creation-related property tax. (Council action
required: Legislative Program, Section II.D.1.b: "Support efforts to maintain and create
tax incentives for private revitalization of existing commercial, industrial and housing
resources where such assistance benefits the city. ")
Fiscal Impact: Amount of any such tax rebates would be at the agency's option, with
the intended effect of contributing to job growth and overall tax base growth.
2. S 314 (Exon) COMMUNICATIONS DECENCY ACT OF 1995 Would require cable
television companies to fully block or scramble from the homes of non-subscribers both
the video and audio portions of channels carrying adult programming. Since
introduction, the author has agreed to an cable industry amendment request to limit such
full scrambling to those subscribers who specifically request full scrambling. Based on
previous Council action, the Legislative Committee recommends that this bill be
supported as originally introduced. (Council led a similar effort in 1993, with letters to
15/:>-,)
Item /56, Page 2
Meeting Date 4/25/95
the FCC and a reslutant League of California Cities resolution; That action was opposed
by Cox Cable; See attached minutes, 9/28/93)
Fiscal Impact: None.
3. SB 623 (Peace) CRIMES: THEFT OF CABLE TV SIGNALS Which would specify
prison terms of 1-5 years and fines not to exceed $250,000 for manufacture or
distribution of cable television "pirate boxes." (Support requested by Cox Cable).
Fiscal Impact: Potential for positive fiscal impact via fines or increased payment of
franchise fees. Not anticipated to be significant.
Analyses and copies of each of these bills are attached.
c:lwp5llmemoslcc425.ll3
Attachments:
1. Analysis and bill text, SB 923
2. Analysis and bill text, S 314
3. Council minutes, 9/23/93
4. Letter to FCC, 10/29/93
5. League of California Cities Resolution, 10/19/93
6. Analysis and bill text, SB 623
7. Request from Cox Cable/California Cable Television Association for SUPPORT of SB 623
cc: Cox Cable
/~ - d---
'I
RESOLUTION NO. I? ?'8"/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TAKING A POSITION TO SUPPORT SB
623, SB 923 AND S 314, WHICH ARE NOT ADDRESSED
IN THE LEGISLATIVE PROGRAM, OR WHICH OTHERWISE
REQUIRE DIRECT COUNCIL ACTION
WHEREAS, on February 7, 1995, the City Council adopted
the 1995-96 Legislative Program; and
WHEREAS, although this program was intended to provide
comprehensive direction to the Legislative Committee on the City's
legislative priorities, there are certain issues which are reserved
for direct action by the Council; and
WHEREAS, the following three pending bills, which under
the City's current legislative policy are specifically required to
be addressed by Council, are not addressed in the Legislative
Program or are being brought forward at the request of a third
party (in this case, Cox Cable and the California Cable Television
Association):
1. SB 923 (Mello) PROPERTY TAXATION would allow redevelopment
agencies to rebate some or all of manufacturing job creation-
related 'property tax.
2. S 314 (Exon) COMMUNICATION DECENCY ACT OF 1995 would require
cable television companies to fully block or scramble from the
homes of non-subscribers both the video and audio portions of
channels carrying adult programming.
3. SB 623 (Peace) CRIMES: THEFT OF CABLE TV SIGNALS would specify
prison terms of 1-5 years and fines not to exceed $250,000 for
manufacture or distribution of cable television "pirate
boxes" .
WHEREAS, based on fiscal considerations and previous
Council direction, the Legislative Committee is recommending that
Council take a position to support these three bills.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby support SB 623, SB 923 and S 314
and direct the Legislative Committee to send letters as
appropriate.
Sid Morris, Assistant City
Manager
C:\rs\S8623.8Up
Bruce M.
Attorney
fOS
Presented by
r::-oo
, city
).5l:> '3
CITY OF CHULA VISTA
LEGISLATIVE ANALYSIS
April 13. 1995
BILL AUTHOR TITLE INTRODUCED AMENDED
S8 923 MELLO PROPERTY TAXATION 2123195 414195
CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM
PENDING eRA: SUPPORT NONE YES; Section 1I.0.1.b. (Council Action)
STATUS: Pending in Senate
BACKGROUND: Starting with FY 94-95, existing law allows local agencies to rebate some or all of the
property tax on new manufacturing equipment or property which leads to the creation
of at least 10 new jobs (paying @ least $10/hour). Each tax credit offered shall be
effective for five years. This program expires on 1/1/2000. but any credit
agreements existing at that time shall continue until the end of their five-year period.
AB 923, which would expand that program, is supported by the California
Redevelopment Association.
SB 923 would:
Add redevelopment agencies to the list of agencies that may grant these tax rebates.
This bill is permissive only and would not obligate the Agency to offer any such tax
credits.
This program would give agencies an additional economic development tool to help
attract and retain job-generating manufacturers. The rebates could be especially
useful in the redevelopment of Otay Valley Road and in business retention/expansion
planning.
FISCAL IMPACT: Undetermined, but the net effect would be an increase in property tax base and job
creation. The Agency would be able to evaluate (and act upon) the cost/benefit of
rebates on a case-by-case basis. The size of each rebate would be at the option of
the local agency. To date. the city has not provided any such rebates. Had such
authority existed in the past, it could have been used in conjunction with industrial
development bonds to provide a significant incentive to industrial expansion. lOB
reauthorization legislation is currently pending under SB 178 (city supports).
DATE TO COUNCIL
April 25. 1995
RECOMMENDATION
SUPPORT
LETTERS
YES
C:IW1lS1 \ANAL VSESI....23....
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CITY OF CHULA VISTA
LEGISLATIVE ANAL VSlS
April 17, 1995
BILL AUTHOR TITLE INTRODUCED AMENDED
S 314 EXON COMMUNICATIONS DECENCY 2/1195 -
ACT OF 1995
CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM
PENDING SUPPORT (Attached NONE NO; Previous Council Action 9/93
1993 Resolution @ Chula
Vista's request)
STATUS: Pending in Senate Commerce Committee
BACKGROUND: In 1993, there were a number of complaints about the adult-oriented Spice Channel,
carried by Cox Cable. The City Council acted at that time to request Cox Cable to
fully block both the audio and visual portions of the programming to non-subscribers.
Council also authorized the Mayor to write letters expressing Chula Vista's concerns
to the Federal Communications Commission, with copies to our local representatives.
The City's proposal also received support from the League of California Cities. The
following bill, introduced by Senator Exon of Nebraska, was sent to Chula Vista by
the office of Senator Barbara Boxer.
S 314 would: Among other provisions, require a cable operator to fully scramble or block from the
homes of non-subscribers both the video and audio portions of channels carrying
adult programming.
Since introducing this bill, the author has agreed to amendments at the request of the
cable television industry to limit such full audio/video blocking of scrambling to those
subscribers who specifically request this service be fully blocked or scrambled. Based
on previous Council action, the Legislative Committee recommends that this bill be
supported as originally introduced.
FISCAL IMPACT: None.
DATE TO COUNCIL
April 25, 1995
RECOMMENDATION
SUPPORT
LETTERS
YES
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ADULT PROGRAMMING ON CABLE TELEVISION - on 1/27/93, council dir.cted .taff to review with Cox
Cabl. options for keeping ..xually .xpllclt tel.vl.lon tr......i..lons (audio u well aa vldao) out of the h.....
of .ubscrlbers who do not apeclflcally reque.t .uch progr....lng. Staff rec.....nds Council review the
'policy alternatives end provide further policy direction regarding which alternatives to pursue.
(Administration) (09/28/93)
Steven Coll ins, 5333 8alti.:)re DrIve 134, San Diego, CA, representing Cox Cable, Itated he had
been working with staff for over a .unth to eddr... the Mayor'a/Council's concerns over the pey.
1or.view
adul t progr....lng. Cuet_rs had total control ov.r the channel. they rec.lved and watchad and Cox was
eonmitted to showing them how to delete any channels they did not want at . mini... cost and no
inconvenience. They wre witling tooUar customers the two box option and the~. of the trap Md were
beginning on on-going cOllllUllcatlons c_Ign. Th.y recognized that the adul t ent.rtal.....t my be
offensty. to aome and they would continue to offer thefr customers a wide variety of choic.. end
alternatives.
Council_r fox que.tloned If a cona_r wanted to block out a channel if It would be at no co.t.
Mr. Collins r.sponded th.r. would be a Illnl..l cost to rent on addr....bl. box or the be.lc box. Thoro
6IOuld be no cost for the trap if the customer did not want the box.
Councilmember Rlndone que.tloned whother any cust_r could request a trap. N. further que.tloned how
_ny customers they had in San Diego tou-.ty end how ..-ny hed requested traps.
Mr. toll ins responded that wes correct. There were epproal_tely 326,000 subscribers in San Diego
County. There were 200,000 .ubscrlber. thlt hod received Spice since the flr.t of July ond to doto, thore
had onl y been seventeen requests for traps.
Jack Hopkins, 1339 Mesa Grende Place, Chula Vi Ita, CA, Itated he was concerned that he would
be charg.d extra to keep .....thlng out of hi. home that h. did not wlnt.
Mayor Nader stated suff had presented tCU'tCH with six alternatives for consideration. He did not feel the
issue was censorship as no Mmber of the tOUl'tCi 1 ..as Seeking to prevent someone that wanted to view the
materi.l from doh"l8 so. He wa. ...king to have it removed from the signal for those that did not want to
hove it. He did not feel that cuet_r requestad blocking wo. enough.
MS (Nader/fox) to approve .taff racClllllllndotlons. 1) Diract ltaff to request that Cox Coblo ond Chula
VI.ta Coble .end info....tlon to their subscriber. Inforlllng them how I channel with ....."ted
l'rogrl.."ing can be" blocked out (audio a. well a. video) by using the parentel control device on tholr coble
box if they have one, end how cuat..rs without a eel. box (or for whOlR the parental control device fs
not 0 satl.flctory lolutlon) .or request that their coblo CGOPl"Y instill 0 trap to panoonontly dOloto tho
channel from the .ubscrlber'. home at no cost or Inconvenlenco to tho .ubscrlber. 2) Diract .taff to Include
.n orticle In an lIpCOIllng Chull Vlota quarterly newslottar ......rlzlng for our relidants tho Inf_tlon
indicoted In Item "'-r one _. 3) Authorize the IIoyor to .end a lottor on behal f of tho City Council
to tho federal COlIIlIJI'Olcatlono CClIIlllulon requesting tho fCC's a..I.tance In requiring coblo operators to
cOl1l'l.tely block .exually eapllclt tolovillon tn.....I..lono fr... the home. of lubscrlbers who hove not
Sl>Ic!fically reque.ted .uch progr_Ing. 4) Direct otaff to prepare an approPrlat. r..olutlon for
consideration by the '-ral Resolutions CcIIIIlltt.. of tho Loogue of Collfornlo CltI.. requesting legl.latlve
action to requlro coble operators to c_lotoly block ooxuolly explicit t.levl.lon tr_lsalons f..... the
homes of lubscriber. who hove not apeclflcally requested ouch progr....ing. 5) Authorlza the Moyor to
send letters on behalf of the City COUncil to all of the other cities in San Diego County alerting their city
councils to thia ia.ue and requesting their a..iatanc. In pbllcizing this ia.ue ond in reque.ting thalr own
cable operators to implement ..thads of completely blocking aexually explicit television transmissions from
~h. h..... of lubscrlber. who havo not apeclflcolly roquo.tad such progr....lng. 6) Authorlzo the Mayor
to ..nt I leuor to Cox Coblo on behllf of the City Council IlOre formally reque.tlng thlt Cox Cablo
I~lement one of the three optlono doocribad for c_letoly blocking ..xually explicit tol.vl.lon
tran.mission. fr... the homes of subscribers who hove not opeclfically reque.ted such progr....lng: A) COX
Cabl. rev.rsing th.lr 'Y"'" .0 that the Spice channel would aut_tically be cOl1l'letely blocked out ....1...
150-/1
a customer specifically Isked to have it unblocked; or 8) Cox Cable providing every cable customer with.
Decoder cable box at no cost to ~he customer who does not "ant the sexually explicit meterial; or C) Cox
cable scrambling the Spice channel audio as well as the video signal that is received through cable
'eonnections thetdo not have decoder cable boxes.
Councilmenber Moore felt there needed to be lome level of scruples for businesses. The key "a. to block
the channel from the homes of slbscrlber. that hod not opeelflcalty requested the progr.... The burden
.hould be on the cable company and not the h....-.er. He felt Item 6A and 5 lIIOdified to Idvl.e other
cltle. In the County of Council'. action would be appropriate.
Couneil_r Fox .toted he would strongly .upport the IIOtlon as he agreed that the .lbscrlber should
not have to take action to prevent pornography frOll cOIling into homes. Subscribers should not have to
pay for that option.
VOTE ON MOTION: approved 4-0-0., with Rindone abetalnlng.
ITEMS PULLED FROM THE CONSEHT CALENDAR
It.... pulled: 6 and 8. The ..Inutes will refloc:t the .....li.hed agenda order.
OTHER BUSINESS
CITY MANAGER'S REPORT(S)
Scheduling of meetings. no discussion.
/50 --13'
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OFFICE OF THE MAYOR
TIM NADER
01Y OF
(HULA VISTA
October 29. 1993
James CUello, ChaIrman
Federal Comn\UniC8IIonI ConvnisSIon
1919 'M' Street. N.W.
Room 802
Washington D.C. 20554
Dear Mr. QuelJo.
As Meyor of the City of ChuIa VIsta (8lICOI'ld largeSt City In San DIego County), IIII1l writing to request
FCC usistanC8 In requiring local cable operators to compIelely block MXU8lly explicit teIevlsIon
transmlsslons from the homeS of subscribers who have not speciflC8lly requested such programming. ThIs
request Is rnede though a unanImouS vote of the ChuIa VIsta CIty Council after hearing graphic public
testimony from concerned citizens In our convnunIty.
As you know. cable television prov\cIenI throughout our countIY provide both oprernium" and 'PlIY per view"
channel signals transmitted to the non-payIng viewer as "scrambled' 1ignaIs. These 8lgnals. however.
often permit partial viewing end fuU audio of _uaIly expIicIl material In homeS 1hal have neither
purchased nor requested such programming. ChIldren mil)' be expo8e':I to this material wIlhout parents
even being aware such programming Is being transmitted Into their horMs.
The City of Chula Vista has already dIsellSSed this IIsue with our local cable providers (Cox Cable Inc.
& Chula Vista Cable Ud.), end they have been fairly cooperlIllve In agreeing to "trap' or delete channels,
on an exception basis. when a customer complains. but we believe the onus IhoUkI be on the cable
company or the consumer that wants the programming. not on the customer who does not want ~
explicit material transmitted Into their home. Our purpose In writing It.. efore. Is to request FCC
Involvement In resolving this 1Isue. which has become a matter of great concern In many communities
by requiring cable operators to completely block sexually expIicIl television transrnlssIons from the homeS
of subscribers who have nor specIIically requested such prograrnrnIng.
If you require any lnIormatIon regarding this request, or wish to oller eddlllonal recomrnencIatJons. please
do not hesitate to contact our oIIlce at (619) 691~. Thank you once again for your conalcleratlOrL
SIncerely.
JC/l4~
11m Nader
MlI)'OI'
cc: City CouncD
Robert McRann. General Manager, Cox Cable
Martin AIlbaum. General Manager. ChuIa VisllI Cable
/5j;-/?
278 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 118101(811) 811-50..
~
J
RESOLUTION RELATING TO SEXUALLY EXPLICIT
CABLE TELEVISION PROGRAMMING
WHEREAS, cable television service has become omnipresent In homes throughout
California and across the nation;
WHEREAS, cable television programming Includes various "premium" and "pay per-
view" channels available for an additional charge; and
WHEREAS, some of the "premium" and "pay-per-vlew" programming Includes sexually
explicit material; and
WHEREAS. the "premium" and "pay-per-vlew" channel signals are transmitted to the
non-paying viewer as "scrambled" signals, often times permitting partial viewing and full
audio of the program In progress In homes that have not purchased or requested such
programming: and
WHEREAS, children may be exposed to such partial viewing and full audio of sexually
explicit material without their parents even being aware that such material Is being
vansmitted Into their homes.
NOW, THEREFORE BE IT RESOLVED by the General Assembly of the League of
California Cities, assembled In the Annual Conference In San Francisco, California,
October 19, 1993 that the League sponsor legislation to require cable operators to
completely block sexually explicit television transmissions from the homes of subscribers
who have not specifically requested such programming.
/5P ---! 7
CITY OF CHULA VISTA
LEGISLATIVE ANALYSIS
April 17. 1995
BILL AUTHOR TITLE INTRODUCED AMENDED
SB 623 PEACE CRIMES: THEFT OF CABLE TV 2/22/95 4/3/95
SIGNALS
CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM
PENDING PENDING NONE NO; (COUNCIL ACTION)
STATUS: Pending in Senate Criminal Procedure Committee
BACKGROUND: Currently. the theft of cable television signals is a misdemeanor. As such, the
punishments do not act as a significant deterrent.
Among premium cable services. theft is estimated at approximately 13.2%. To cut
down on this theft, the California Cable Television Association has sponsored this bill.
The City of Chula Vista has been contacted by Cox Cable with a request for support.
SB 623 would:
Requires punishment by imprisonment in a county jail not to exceed one year, or in
a state prison for 2, 3. or 5 years. and by a fine not to exceed $250.000. if the
violation involves the manufacture, assembly. modification or possession of an
unspecified number of "cable pirating" items.
It is anticipated that this bill will act to discourage "pirate box" manufacturers and
distributors and as a result. cut down on overall theft.
FISCAL IMPACT: If this bill is effective in reducing cable theft. it could result in some additional
purchase of cable services and resultant franchise fee increase for the City.
Assuming the industry's estimated theft rate of 13-14%. the city is currently losing
approximately $50,000 per year via cable theft.
The proposed fines could yield some revenues to the city (as much as 1/3 of the fines
assessed for any arrests made in Chula Vista). but based on the low number of cable
pirates caught. this revenue source is not anticipated to be significant. It is possible
that as the deterrent value of this legislation becomes felt, that the city may realize
a slight increase in franchise revenue, but this is not anticipated to be anywhere close
to the estimated loss.
DATE TO COUNCIL
April 25, 1995
RECOMMENDATION
SUPPORT
LETTERS
YES
C:\wp51 \ANAL VSES\.b623.aM
/Jb ;/~
April 10, 1995, page 3
[A> <A]
[0> <0]
contains added text, and
contains deleted text.
California
1995 CA SB
Amended
1995-96 Regular Session
623
Peace
AMENDED IN SENATE
APRIL 3, 1995
SENATE BILL
No. 623
=========a:::u=::===--===___===-_____---_~
--
INTRODUCED BY Senator Peace
[A> (Coauthors: Senators Alquist, Lockyer, O'Connell, and
Rosenthal) <A]
[A> (Coauthors: Assembly Members Alpert and Willard Murray) <A]
FEBRUARY 22, 1995
=========_====__========z==-===----------==--
-
---.-- --
-
-=
An act to repeal and add Section 593d of the Penal Code, relating to
crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 623, as amended, Peace. Crimes: theft of cable television
signals.
(1) Existing law provides that every person who knowingly and
willfully makes or maintains an unauthorized connection or connections,
whether physically, electrically, or inductively, or who purchases,
possesses, attaches, or maintains the attachment of 'any unauthorized
devices or devices to any cable, wire, or other component of a
franchised or otherwise duly licensed cable television system or to a
television cable or set, or who makes or maintains any modification or
alteration to any device installed with the authorization of a
franchised or otherwise duly licensed cable television system, for the
purpose of intercepting or receiving any program or other service
carried by that franchised or otherwise duly licensed cable television
system which the person is not authorized by that cable television
system to receive, is guilty of a misdemeanor, punishable as specified.
Existing law provides that every person who knowingly and willfully
makes or maintains an unauthorized connection or ~onnections with,
/.5/;-/7
April 10, 1995, Page 4
whether physically, electrically, or inductively, or who attaches or
maintains any attachment to any cable, wire, or other component of a
franchised or otherwise duly licensed cable television system, for the
purpose of interfering with, altering, or degrading any cable television
service being transmitted to others, or for the purpose of transmitting
or broadcasting any program or other service not intended to be
transmitted or broadcast by the franchised or otherwise duly licensed
cable television system, is guilty of a misdemeanor, punishable as
specified.
Existing law provides that every person who, without the express
authorization of a franchised or other duly licensed cable television
system, knowingly and willfully manufactures, imports into this state,
distributes, sells, offers to sell, possesses for sale, or advertises
for sale, any device, plan, or kit for a device designed, in whole or in
part, to decode, descramble, or otherwise make intelligible any encoded,
scrambled, or other nonstandard signal carried by that cable television
system, is guilty of a misdemeanor, punishable, by a fine not exceeding
$10,000 or by imprisonment in a county jail, or by both that fine and
imprisonment. For purposes of these provisions, the phrase "encoded,
scrambled, or other nonstandard signal" includes, without limitation,
any type of signal or transmission that is not intended to produce an
intelligible program or service without the aid of a decoder,
descrambler, filter, trap, or some similar device. A second or
subsequent conviction is punishable by a fine not exceeding $20,000 or
by imprisonment in a county jail up to one year, or by both that fine
and imprisonment.
Existing law provides that any person who violates these provisions
shall be liable to the franchised or otherwise duly licensed cable
television system for specified monetary damages, and authorizes any
franchised or otherwise duly licensed cable television system to bring
an action to enjoin and restrain any violation of these provisions.
This bill would repeal and recast these provisions to [0> eliminate
wilfullness as an element of the offenses that they establish and to <0]
prescribe different penalties for certain of these offenses [A> and to
make a number of changes in nomenclature <A] .
This bill would require punishment by imprisonment in a county jail
not to exceed one year, or in [0> a <0] [A> the <A] state prison [0> for
2, 3, or 5 years <0] , by a fine not to exceed $250,000, or by both the
fine and imprisonment if the violation involves the manufacture,
assembly, modification, importation into this state, distribution, or
possession for sale or for any of these purposes, of [0> an unspecified
number of <0] [A> 5 or more <A] items involved in these activities, or
the sale or offering for sale of [0> an unspecified number of <0] [A> 2
or more <A] items for financial gain. If the violation involves any
other offense described in this provision, the required punishment upon
conviction would be imprisonment in a county jail not to exceed one
year, by a fine not to exceed $25,000, or by both the fine and
imprisonment. A second or subsequent conviction would require
/~b~~
April 10, 1995, Page 5
punishment by imprisonment in a county jail not to exceed one year, or
in the state prison, by a fine not to exceed $100,000, or by both the
fine and imprisonment. Because these provisions would expand the scope
of an existing crime, the bill would impose a state-mandated local
program.
(2) The bill would exempt from these provisions any person who is
specifically authorized to act by the cable television system or systems
that would be damaged by unauthorized acts.
(3) This bill also would recast the provisions that relate to civil
actions and would create a c~vil action against any person who violates
the provisions specified in (1).
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
state-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 593d of the Penal Code is repealed.
SEC. 2. section 593d is added to the Penal Code, to read:
593d. (a) Except as provided in subdivision (e), any person who,
for the purpose of intercepting, receiving, or using any program or
other service carried by a [0> franchised or otherwise duly licensed
cable television system <0] [A> multichannel video or information
services provider <A] that the person is not authorized by that
[0> cable television system <0] [A> provider <A] to receive or use,
commits any of the following acts is guilty of a public offense:
(1) Knowingly [A> and willfully <A] makes or maintains an
unauthorized connection or connections, whether physically,
electrically, electronically, or inductively, to any cable, wire, or
other component of a cable television system [0> or to a television
cable or receiver. <0]
[D> (2) Knowingly <D] [A> or video dialtone system, or to a
television cable or receiver that is attached to a cable television
system or video dialtone system. <A]
[A> (2) Knowingly and willfully <A] purchases, possesses, attaches,
causes to be attached, assists others in attaching, or maintains the
attachment of any unauthor~zed device or devices to any cable, wire, or
/5} ~02. /
April 10, 1995, Page 6
other component of a cable television [0> system or to a television
cable or receiver. <0)
[0> (3) Knowingly <0) [A> system or video dialtone system, or to a
television cable or receiver that is attached to a cable television
system or video dialtone system. <A)
[A> (3) Knowingly and willfully <A) makes or maintains any
modification or alteration to any device installed with the
authorization [0> of a cable television system. <0) [A> of a
multichannel'video or information services provider. <A)
[A> (4) Knowingly and willfully makes or maintains any modifications
or alterations to an access device that authorizes services or knowingly
and willfully obtains an unauthorized access device and uses the
modified, altered, or unauthorized access device to obtain services from
a multichannel video or information services provider. <A)
For purposes of this section, each purchase, possession, connection,
attachment, or modification shall constitute a separate violation of
this section.
(b) Except as provided in subdivision (e), any person [0> who, to
facilitate the unauthorized reception of a cable television service,
knowingly manufactures, assembles, <0] [A> who knowingly and willfully
manufactures, assembles, <A] modifies, imports into this state,
distributes, sells, offers to sell, advertises for sale, or possesses
for any of these purposes, any device, plan, instructions, or kit for a
device, designed, in whole or in part, to [0> decript <0] [A> decrypt <A]
, decode, descramble, or otherwise make intelligible any [0> encripted <0]
[A> encrypted <A] , encoded, scrambled, or other nonstandard signal
carried by a franchised or otherwise duly licensed cable television
system, [A> unless the device has been granted an equipment
authorization by the Federal communications commission as a cable system
terminal device, as defined in Section 15.3(e) of Title 47 of the Code
of Federal Regulations, <A) is guilty of a public offense.
For purposes of this subdivision, [0> "encripted <0] [A> "encrypted <A]
, encoded, scrambled, or other nonstandard signal" [0> includes, without
limitation, <D] [A> means <A] any type of signal or transmission that is
not intended to produce an intelligible program or service without the
use of a special device, signal, or information provided by the
[0> cable television system <D] [A> multichannel video or information
services provider <A] or its agents to authorized subscribers.
(c) Every person who knowingly [A> and willfully <A] makes or
maintains an unauthorized connection or connections with, whether
physically, electrically, electronically, or inductively, or who
attaches, causes to be attached, assists others in attaching, or
maintains any attachment to, any cable, wire, or other component of a
franchised or otherwise duly licensed cable television system [A> or
video dialtone system <A] , for the purpose of interfering with,
/5b -,)2
April 10, 1995, Page 7
altering, or degrading any cable television service [A> or video
dialtone service <A] being transmitted to others, or for the purpose of
transmitting or broadcasting any program or other service not intended
to be transmitted or broadcast by the franchised or otherwise duly
licensed cable television system [A> or video dialtone service <A] , is
guilty of a public offense.
For purposes of this section, each transmission or broadcast shall
constitute a separate violation of this section.
(d) (1) Any person who violates subdivision (a) shall be punished by
a fine not exceeding one thousand dollars ($1,000), by imprisonment in a
county jail not exceeding 90 days, or by both that fine and
imprisonment.
(2) Any person who violates subdivision (b) shall be punished as
follows:
(A) If the violation involves the manufacture, assembly,
modification, importation into this state, distribution, or possession
for sale or for any of these purposes, of [D> <D] [A> five <A] or
more of the items described in subdivision (b), or the sale or offering
for sale of [D> ____ <D] [A> two <A] or more items for financial gain,
the person shall be punished by imprisonment in a county jail not
exceeding [D> one year, or in the state prison for two, three, or five
years, <D] [A> one year, or in the state prison, <A] by a fine not
exceeding two hundred fifty thousand dollars ($250,000), or by both that
imprisonment and fine.
(B) A violation of any other provision of subdivision (b) not
described in paragraph (A), shall, upon a conviction of a first offense,
be punished by imprisonment in a county jail not exceeding one year, by
a fine not exceeding twenty-five thousand dollars ($25,000), or by both
that imprisonment and fine.
(e) A second or subsequent conviction under subdivision (b), not
described in paragraph (A), shall be punished by imprisonment in a
county jail not exceeding one year, or in the state prison, by a fine
not exceeding one hundred thousand dollars ($100,000), or by both that
imprisonment and fine.
(3) Any person who violates subdivision (c) shall be punished by a
fine not exceeding ten thousand dollars ($10,000), by imprisonment in a
county jail, or by both that fine and imprisonment.
(e) Subdivisions (a) and (b) do not apply to any person who is
specifically authorized to act by the [D> cable television system or
systems <D] [A> multichannel video or information services provider <A]
that would be damaged by these acts if not authorized, or to any person
who may otherwise be specifically authorized to act by law.
(f) Any device, plan, instructions, or kit described in subdivision
J30~~3
April 10, 1995, Page 8
(a) or (b) seized under warrant or incident to a lawful arrest, upon the
conviction of a person for a violation of subdivision (a) or (b), or
finding of civil liability under this section, may be destroyed as
[0> contraband by the sheriff, or may be turned over to the cable
television system or systems providing service in the territory in which
the item was seized. <0] [A> contraband by the sheriff. <A]
(g) Any person who violates this section shall be liable, for each
violation, to the franchised or otherwise duly licensed cable television
system in a civil action brought pursuant to this section for the
greater of the following amounts:
(1) Five thousand dollars ($5,000), plus reasonable attorney's fees
and costs.
(2) Three times the amount of actual damages, if any, sustained by
the plaintiff, plus reasonable attorney's fees and costs.
(3) The actual damages suffered by the plaintiff as a result of the
violation and any profits of the violator that are attributable to the
violation which are not taken into account in computing the actual
damages. In determining the violator's profits, the plaintiff shall be
required to prove only the violator's gross revenue, and the violator
shall be required to prove his or her deductible expenses and the
elements of profit attributable to factors other than the violation.
In any case in which the court finds that the violation was
committed willfUlly and for purposes of commercial advantage or private
financial gain, the court in its discretion may increase the award of
damages, whether actual or statutory under this subdivision, by an
amount of not more than fifty thousand dollars ($50,000).
rD> (h) Any franchised or otherwise duly licensed cable television
system <0]
rA> (h) Any 'multichannel video or information services provider <A]
may, in accordance with the provisions of Chapter 3 (commencing with
Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, bring
an action to enjoin and restrain any violation of this section, without
having to make a showing of special or irreparable harm, and may in the
same action seek damages as provided in subdivision (g).
(i) It is not a necessary prerequisite to an action pursuant to this
section that the plaintiff has suffered, or be threatened with, actual
damages.
[0> (j) Any franchised or otherwise duly licensed cable television
system <0]
[A> (j) Any multichannel video or information services provider <A]
aggrieved by any violation of subdivision (a), (b), or (c) shall have
standing to bring a civil action pursuant to subdivision (g) or (h), or
15b~7
April 10, 1995, Page 9
both. The standard of proof shall be by the preponderance of the
evidence.
(k) It is not a necessary prerequisite to recovery in a civil action
brought under subdivision (g) or (h) that the defendant be indicted,
charged, or convicted in a criminal action for the offense giving rise
to civil liability under this section.
[A> (1) For the purposes of this section, a "multichannel video or
information services provider" means a franchised or otherwise duly
licensed cable television system, video dialtone system, MHOS system,
DBS system, or other system providing video or information services that
are distributed via cable, wire, radio frequency, or other media. <A]
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of section 17556 of the Government Code,
or changes the definition of a crime within the meaning of Section 6 of
Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become operative
on the same date that the act takes effect pursuant to the California
constitution.
END OF REPORT
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.lun Shollll&lcer
MYOR OF EL CAJON
tOO EAST MAIN ST.
n CA.JON. CA '2020
Dill' IIa,yor .Joan Sh_ker:
Theft of cab'. servfce hIS long been. probl. of the cab,. operaton 111
rour jurisdtctlon, For ae.p'II, ceble op.ratol'l 111 Los Anll"'s County lost ov.r
Sl00 .'1110n tn rev.nues last 11.1' due to tll. unauthorlzed recoptton of tII.1r
progrllDtng .
Now tll. crl.. is turnln, Incrtulngly vtol.lll. Thts past I.veral IIOI'ItIlI
aNed thulIS have h,'d up warthous.. IiId ..nte. trucks ,11 over Southern
Caltfornf. .nd stolon thouSlIIC& of cabl. convert.r bOlltl. They CIIItckl1 tnsert
an nl.gal do.cramblfng chlp 111 the boxes alld len th.. on till streets for
&lI,YWhere '1'01I $300 to SC" dolhrl. .
Thl has.. afflct IVIl':YOIII. Whell cabl. ..nfce is stolen ihroullb thl us.
of thes. ,IIOdtfted bolles. 110 royaltf.. a,.. petd to the p~r_ Ut.tor. and
producers, cltlls alld COUlltfot& lose thefr 51 of the cabl. cllIIPlJlt.. lost
nvenuti. end llw .bfdtng subscrtber. ulttaat.ly PlY hillh.r prlclI beelulI of tbl
10"1' fllcurred thl'Dllllh thlft.
SolIIthtng cltlrl,ll11ds to lit clonl abDut thts lnereasl111111 IxpenslVI and
IIOW vlollnt criM, but cabl. oplrator. COIIlPlatn that the1 .IV. troubll IOCU,,11l1I
the assfshnc. 0' local la" InforcPlnt offfcfa's IIId pros.catOI'S becaUSI thin
0' cable sentce 11 oharacterized in atsttllll state statutlS as a .fld_anor.
. That's why the CaH'omfa cab'e tndu.tl'1 fa lponsoring S8 III b.Y SIIIato"
Steve 'tie.. TII1. bt11. ClII I IIItll betnll CDllsldlrtd III the State S'lIIte. lIlMlld
aclcl a ,.10111 wobbleI' to existlnll 11. so that tlloll who s.n 111l11al converter
boXIS for plrsollal pl'Offt can bt charged vitia IUh.r a .1.....nor or a '110111
d.ptndtllg on the clrensta,clI fnvD1Yicl.
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. The cabl. <>t-.... III )'OUt'" would be wry pIeaI8d If you would write altlter ,.'
\0 Senator ~ PtaC8.lUpportlng sa 823, It wouIcIlIao be helpful If JOU copied your !
Ietltt .., your own Asaemblyr'lelnber .net Senator . well.
If you r...... qutdona Of need men .~.. pita. caD ...
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Dennll H. MangIrI
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