HomeMy WebLinkAboutAgenda Packet 1993/03/30
Tuesday, March 30, 1993
6:00 p.m.
Council Conference Room
Administration Building
Special Worksession/Meetinsr of the Citv of Chula Vista Citv Council
CAlL TO ORDER
Councilmembers Fox ~ Horton ~ Moore ~ Rindone ~ and Mayor
Nader _
1.
ROlL CAlL:
CONSENT CALENDAR
(Items 2 through 5)
The staff m:ommendations regarding the following iJems listed under the Consent Calendor will be enocted by the
Cowu:i/ by one motion wiIhout discussion unless a Cowu:iJmember, a member of the publk or City staff requests
that the item be pulled for discussion. If you wish to speak on one of these iJems, please fill out a "lWp.lest to
Speak Form" available in the lobby and mbmil it to the City C1erk prior to the meetin[? (Complete the green for
to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff
recommendation.) Items pulled from the Consent Calendor will be discussed after Board and Commission
Recommendations and Action Items. Items pulled by the publk will be the first iJems of business.
2. WRITrEN COMMUNICATIONS:
a. Letter of resignation from the Charter Review Committee - Vickie E. Turner.
3. RESOLUTION 17052 AlffilORIZING THE DESTRUCTION OF POLICE DEPARTMENT CITIZEN
COMPLAlNT RECORDS - The destruction of outdated citizen complaint
records is being requested. The destruction is in compliance with 832.5 of
the California Penal Code and conforms with the records retention policy.
The purpose is to comply with Penal Code 832.5 and to conserve storage
space. Staff recommends approval of the resolution. (Chief of Police)
4. RESOLUTION 17053 APPROVING THE FlUNG OF THREE APPLICATIONS FOR
TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM FUNDS
UNDER THE INfERMODAL SURFACE TRANSPORTATION EFFICIENCY
ACT (lSTEA) OF 1991 AND DESIGNATING THE CI1Y ENGINEER AS THE
AUTIlORIZED REPRESENTATIVE FOR THE PROGRAM - California is
scheduled to receive more than $200 million over a six-year period (six
cycles) under this program. Projects must be directly connected to the
transportation system and should also provide maximum enhancement to
the environments and communities. Staff recommends approval of the
resolution. (Director of Public Works)
5. RESOLUTION 17047 REAPPROPRIATING FUNDS, RESCINDING AWARD OF CONfRACT TO
NELSON ROOFING, INC. FOR THE POLICE DEPARTMENT BUILDING
REROOFING AND AWARDING CONfRACT TO THE SECOND LOW
BIDDER, LA QUlNTA ROOFING, INC. - On 2/9/93, Council awarded
Agenda
-2-
March 30,1993
contracting for the Police Department building reroofing to Nelson Roofing,
Inc. The contractor, however, was unable to provide the required liability
insurance before the contract could be executed. Nelson Roofmg, Inc. was
notified of the proceedings and was unresponsive. Staff recommends
approval of the resolution. 4/5's vote required. Continued from the
3123/93 meeting.
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLunONS AND ORDINANCES
The following items have been advertised and/or posted as public hearin~ as required by kJw. If you wish to speJJIc
to any item, p1eJJse fill out the "Request to SpeIlk Form" avaiIob1e and submit it to the City Clerk prior to the
meeting. (Complete the green form to speJJIc in favor of the stoff recommendJJJion; complete the pink form to speJJIc
in opposition to the stoff recommendation.) Commerrts are limited to five minutes per individual.
None submitted.
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City CoundI on any subject matto within the Council's
jurisdiction thIlt is not an item on this agenda. (SIllIe kJw, Iwwever, generally prohibits the City CoundI from
taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a
subject, p1eJJse complete the yeUow "Request to Speak Under Oral CommuniJ:ations Form" avaiIob1e in the lobby
and submit it to the City Clerk prior to the muting. Tlwse who wish to speak, p1eJJse give your 1Iilme and address
for record purposes and follow up action. Your time is limited to three minutes per speaker.
ACTION ITEMS
The items listed in this seClion of the agerula are expected to elicit substantiol discussion and deliberations by the
Council, stoff, or members of the general public.. The items will be considered individually by the CoundI and stoff
recommendations 11/ilY in certoin cases be presented in the altema1ive. Tlwse who wish to speak, p1eJJse fill out
a "Request to Speak" form avaiIob1e and submit it to the City Clerk prior to the meeting. Public commetr/S are
limited to five minutes.
6. REGIONAL SOUD WASfE ISSUES AND TIffi PROPOSED PARTICIPATION AGREEMENf - A
presentation by Stephanie Snyder, Principal Management Assistant, on the status of regional solid
waste issues and discussion of a proposed Solid Waste Participation Agreement. (Administration)
7. CLEAN WATER PROGRAM - A presentation on the history options to Chula Vista and issues
concerning the new San Diego Area Wastewater Management District. Staff and consultants will
present options available to Chula Vista for Wastewater Treatment and issues that need to be
resolved prior to final decision to join the regional system. (Director of Public Works)
8. EXCURSION TRAIN OPERATIONS ON TIffi CORONADO BRANCH. A letter was received from The
Western Group, P.O. Box 1544 Ogden, Utah 84402, making a formal proposal to establish excursion
train operations on the Coronado Branch of the SD&AE Railway. (Community Development)
Agenda
-3-
March 30, 1993
ITEMS PULLED FROM TIlE CONSENT CALENDAR
This is the time the City CoundI wi/l discuss items whidl have been removed from the Consent CaIendm. Agenda
items pulled at the request of the public wi/l be considered prior to those pulled from the Cowu:iJmemben. Public
comments are limited to five minutes per individuaL
OTIiER BUSINESS
9. CI1Y MANAGER'S REPORT(S)
a. Scheduling of meetings.
10. MAYOR'S REPORT(S)
11. COUNCIL COMMENTS
Councilman Rindone
a. MTDB: Southbay Public Transportation Plan 1993
ADJOURNMENT
The City Council will adjourn to a Closed Session to discuss the following:
Instruction to negotiate/property acquisition for Midbayfront (William Barkett, owner, parcel
bounded by Chula Vista Nature Interpretative Center to the north; Bay Boulevard to the east; San
Diego Bay to the west; and "F" Street to the south) pursuant to Government Code Section 54956.8.
The meeting will adjourn to the Regular City Council Meeting on April 13, 1993 at 6:00 p.m. in the Council
Chambers.
* * * COMPlJANCE Willi AMERICANS Willi DISABIUTIES ACT * * *
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals
who require special accommodation 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.
California Relay Service is available for the hearing impaired.
March 25, 1993
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
John D. Goss, City ManagerJ~ \11 tt~
City Council Meeting of March 30, 1993
This will transmit the agenda and related materials for the regular City Council
meet i ng of Tuesday, March 30, 1993. Comments regard i ng the Wr itten
Communications are as follows:
2a. IT IS RECOMMENDED THAT THIS RESIGNATION FROM THE CHARTER REVIEW COMMITTEE
BE ACCEPTED WITH REGRET AND THAT THE CITY CLERK BE DIRECTED TO POST THE
VACANCY IMMEDIATELY IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY IN
ACCORDANCE WITH THE MADDY ACT.
JDG:mab
.
.
.'iUCE, FORWARD, HAMILTON 6- SCRIPPS
r', '\
ATTORNEYS AT LAW
FOUNDED 1873
VleJOI E. TV.Kla, PARTNBR
DIRECT DIAL NUMBER: (619) 699-2468
March 16, 1993
Honorable Mayor and city council
City of Chula vista
276 Fourth Avenue
Chula Vista, California 91910
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Re: Charter Review commission
Dear Honorable Mayor and City Council:
After long reflection, I have decided to resign from the Charter
Review Committee. I have enjoyed serving with you over the last
year. However, increasing demands on my time prevent me from
continuing with the Committee. During 1993, I have been fortunate
to be appointed to the Judicial Advisory Committee by Senator
Barbara Boxer. with a number of upcoming judicial appointments, it
is a particularly time consuming task. I have also undertaken the
task of chairing a statewide committee and a County Bar Association
committee which meets on the same evenings as the Charter Review
Committee.
I wish each of you well and trust that the Committee will continue
to provide excellent analysis and recommendations concerning issues
affecting Chula vista.
Li;{;rely'"
ViCk~~
of .
Luce, Forward, Hamilton & Scripps
97051VET/sjl
LC
, C5~(t/)
~~
\Vli'nEN
COlth\\Ui'~ICA TIONS
/:7
J/;CJ7'Y
600 WEST BROADWAY, Smn 1600 SAN DIEGO, CALIFORNIA 91101 TELEPHONE, (619) 2}6-1414 FACSIMILE, (6X9) 131-83U
4250 EXECUTIVE SQUARE, SUITE 700 LA JOLLA, CALIfoRNIA 92.037 TELEPHONE: (619) 45S-66u FACSIMILE, (619) 455-1354
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COUNCIL AGENDA STATEMENT
Item:..!
',OCSl.
ITEM TITLE: RESOLUTION Authorizing the destruction of
Police Department Complaint Records.
SUBMITTED BY: Chief of pOliCe~0~lj (4/Sths Vote: YeS___No_x_l
REVIEWED BY: City Manager,,)~ ~'~
The destruction of the attached list of records is desirable to
conserve storage space and complies with section 832.5 of the
California Penal Code. These records are past five years of age
and the information contained within is no longer needed.
Meeting Date: 3-30-93
RECOMMENDATION: Council approve the attached Resolution.
BOARDS/COMMISSIONS RECOMMENDATIONS: None.
DISCUSSION: Previously, records of this nature were kept past the
legal purge date. Storage of these types of records is not
necessar~ if there is no litigation pending. Prior to
destruct~on, we will reconfirm, in concert with the City
Attorney's office, that none of these complaints are the subject
of current litigation. The Department's goal is to store all
records in a proper manner and to legally purge records when
necessary.
Penal Code 832.5 requires law enforcement agencies to investigate
citizen complaints filed against officers. It allows destruction
of these complaints after five years. The records to be
destroyed are citizen complaints and findings for the following
years:
1970-1981- 7 Complaints
1982- 16 Complaints
1983- 1 Complaint
1984- 25 complaints
1985- 20 Complaints
1987- 31 Complaints
These complaints were filed against officers by citizens alleging
misconduct. These complaints were investigated, a finding was
determined and ap~ropriate action was taken. with the action
completed, sensit~vity of the involved complainant and employee
is protected through destruction of the record.
FISCAL IMPACT: None
citcompl.res
3.. \
RESOLUTION NO. n DC:; 2..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE DESTRUCTION OF
POLICE DEPARTMENT COMPLAINT RECORDS
WHEREAS, the Chief of Police has submitted a list of
files which are desirable to be destroyed in order to conserve
storage space and complies with section 832.5 of the California
Penal Code; and
WHEREAS, these records are past five years of age and the
information contained within is no longer valid; and
WHEREAS, the files to be destroyed are citizen complaints
and findings for the years 1972 thru 1987; and
WHEREAS, these complaints were filed
citizens alleging misconduct with said
investigated with a finding determined and
taken; and
against officers by
complaints being
appropriate action
WHEREAS, the proposed destruction is in compliance with
the Records Retention Policy.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby authorize the destruction of
Police Department complaint records referenced in the consent of
the City Attorney, dated March 15, 1993.
Presented by
Approved as
4-~.
Richard Emerson, Chief of
Police
Bruce M. Booga rd
City Attorney
(C:\Res\Deatruc:t)
3-;2.
~v~
:::~~ -:
-..;~~.-..;
~~~~
CllY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
FROM:
March 15, 1993
The Honorable Mayor and city cou~
John D. Goss, City Manager
Bruce M. Boogaard, city Attorney
Destruction of Police Department Records
DATE:
TO:
SUBJECT:
This office has reviewed the request for destruction of records
described in Exhibit "A". There is no requirements under the law
that we retain these records and Government Code section 34090
describes the procedure by which we may destroy these no long
needed records. It requires written consent by the City Attorney
and approval by the City Council. By this iting, the city
Attorney consents to the destructio of these r ords.
BMB:lgk
~
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F: \home\attomey\destruct
? - /!s-/~
3-3
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5037
jiiH-/ ~ll IF 10 tITy!/riJ{t1$!!t
Burr {:f'rJ;,~ Rude & Unreasonable officer
when complainant asked for release
of impounded truck. Officer requested
complainant get duplicate I.D. from
DMV, not allowing him to retrieve I.D.
from truck.
1/22/87
Disposition:
Unfounded
----------------------------------------------------------------------------
2/24/87
Mr. Schonfeld
87-2
Disposition: 1 Sustained
3 Unfounded
.-'"
Failed to I.D. self & take action
on restraining order.
3/12/87
Catalina Juarez
------------------------------------~---------------------------------------
87-3
Disposition: Exonerated.
biscourteous officer during traffic
stop.
2/19/87
----------------------------------------------------------------------------
87-4
Disposition: Not Sustained
Officer made numerous visits to a
home - idle time was a waste of his
taxpayer money.
3/12/87
----------------------------------------------------------------------------
Unreasonable officer in arresting her
son a few doors from his home.
87-5
Disposition: Not Sustained
3/11/87
Marjorie L. Newcomb
----------------------------------------------------------------------------
Incomplete & inaccurate accident
investigation by CSO.
87-6
Disposition: Not Sustained
4/4/87
----------------------------------------------------------------------------
Officer over zealous and over vigorou
in enforcement of traffic laws
87-7
Disposition: Not sustained
----------------------------------------------------------------------------
6/3/87 Eduardo Gil Officer made improper impound of car
& complainant claims car could have
~~=~-----------~~~-~~:~--------_::::_::~:::::_::_:~:-~~::::::_::::::
3-~
6/3/87
87-9
..........ewis Lee
6/11/87
Disposition: Sustained
\ . ..-.:1
Too ag~ressive, somewhat obnoxious and
profanJ. ty used by officer to comPlainant's..
son. Also that son was singled out of the,
three suspects due to his race.
----------------------------------------------------------------------------
87-:).0
6/26/87
Disposition: Sustained
Officer improperly voided a citation in
an attempt to obtain a discount on
draperies, or for some other favor.
----------------------------------------------------------------------------
87-11
Disposition: Not Sustained
Parent questioned legality of officer
taking juvenile's picture.
----------------------------------------------------------------------------
6/30/87
87-12
7/4/87
Disposition: Not Sustained
Officer
#332
pulled
cause.
illegally impounded a car
belonging to complainant and
a gun on him without reasonable
----------------------------------------------------------------------------
87-13
Russell Brown
7/8/87
Disposition: Not Sustained
Harassed complainant in hospital
emergency room
----------------------------------------------------------------------------
87-14
8/3/87
Disposition: Sustained
Trainee, under officer's supervision,
white carded a vehicle & failed to
notify the owner of the vehicle
----------------------------------------------------------------------------
87-15
Disposition: Unfounded
Officer rude, abrupt and had a poor
attitude while taking a crime report
at place of business
----------------------------------------------------------------------------
.
3 -.5
7/4/87
87-16
Bryan Alan FIsh
8/6/87
Disposition: Exonerated
;':',."
Officers used excessive force and injured
complainant while arresting him.
-------------------------------------------------------------------------------
87-17
Disposition: Exonerated
8/25/87
87-18
Disposition: Sustained
Officer while investigating a disturbance
call at complainant's home, violated her
rights by entering and looking into the
interior rooms.
Rude & aggressive & did not allow complain-
ant to explain he was not the one involved.
9/2/87
-------------------------------------------------------------------------------
87-19
Disposition: Not Sustained
9-15-87
87-20
Disposition:
Sustained
4
Officer belligerent & overly aggressive
while covering a disturbance & illegally
detained & arrested him at his residence.
Failure to turn in report & subsequently
suspects released from SDPD in possession
of complainant's property
10/5/87
------------------------------------------------------------------~------------
87-21
Disposition
9/30/87
87-22
Not sustained
Dick Newton
Disposition: Not Sustained
Failure of officers to stop & dispurse
loud party in park. On second request
officers never arrived.
Treated in rude and crude manner & officer
threatened to hang up on him.
--------------------------------------------------------------------------------
.
~-/"
9/24/87
87-23
Javier Gonzalez
Disposition: Exonerated
Citation received at Marina & waste
of expense & personnel in enforc-
ing regulation.
'\1
10/12/87
------------------------------------------------------------------------
87-24
Disposition:
Jeanette Gonzales
Sustained - WA
, '
,
Officer rude in traffic stop, followed
her too long before making stop,
she couldn't write her story on cite,
held her in car & broke her car door
lock
I
I;.
,
,
~
i
,
10/19/87
------------------------------------------------------------------------
87-25
Steve L. Margo
10/25/87
Disposition: Not Sustained
Officer unlawfully interviewed &
grabbed complainant.
------------------------------------------------------------------------
87-26
Disposition: Not Sustained
While off-duty, officer hit complainant
in face during an argument at officer's
mother's house.
10/15/87
------------------------------------------------------------------------
87-27
Jorge Hernandez
Disposition: Exonerated
10/21/87
87-28
"
12/1/87
Disposition: Unfounded
Carland Woodson
After stopping his son for a traffic
violation, officer approached the
car & physically removed him from the
front seat, took him by the arm,
took him to the police car, patted
him down and placed him in back seat.
During a search warrant off. conducted
a search on a female bartender
making her remove her blouse in front
of other male officers and bar patrons.
--------------------------------------------------------------------------
87-29
Disposition: Not Sustained
That B.O. Clerk did not wait on
customer who had been waiting in
line prior to 5 PM and was treated
unfairly when he could not get
a copy of his accident report.
--------------------------------------------------------------------------
3-7
11/25/87
Nancy Acerrio
Failure to follow police procedures
by failing to document all info.
and failed to document theft of 2nd
set of keys.
.
87-30 .', ,:;J
;uX"
Disposition: Sustained - Written Reprimand
---------------------------------------------------------------------------
11/30/87
Amino John Cendali
Officer loud and rude while issuing
traffic citation.
87-31
J /JJ/
.1 }"
Disposition: Not Sustained
12/19/87
Shirley McGil
Officer used abusive language towards
complainant's son and refused to give
the son your badge number.
""
87-32
/,
,
Disposition: Sustained - Written Advise
"3-'&'
1/3/B5
Thomas GULIHUR
Complainant cannot locate revolver
officer handled when answering a
415 call (domestic).
85-1
Unfounded
------------------------------------------------------------------------
1/17/85
Bob CRANE
Off-duty stop officer displayed a
badge - officer used demeanor &
untolerable acts.
85-2
Sustained
------------------------------------------------------------------------
1/22/85
Barbara Loretta Tovar
Complainant felt officer should have
contacted her daughter at home
instead of at friend's house.
85-3
Not Sustained
------------------------------------------------------------------------
1/15/85
Kathy Boston
Made uncomplimentary sexist
remarks to complainant while
off-duty and complainant and
other witnesses recognized
him as P.o. employee
85-4
Sustained
3/20/85
David Kessler
While issuing cite, officer was
abrupt, mean and acted as if having
a chip on shoulder.
85-5
Not Sustained
6/7/85
Mr. & ~1rs. Mangrum
Abrupt with complainant, poor judge-
ment in writing citation, excessive
force, etc.
85-6
Exonerated all charges except sustained on poor judgement in handling
complainant
-----------------------------------------------------------------------
7/29/85
Failed to dispatch unit to pick up
dead cat after two calls. When
complainant took cat to shelter, you
called him stupid.
85-7
Sustained - Written Reprimant
3- ~
f"
8/9/85
John Kenton Davis
85-8
Disposition: Exonerated
8/30/85
Diana Aguirre
85-9
Disposition: Sustained
Discriminating in traffic
~nforcernent against those riding
motorcycles and officer
threatened to write cite that.
did not occur.
Animal shelter personnel rude
& handled an incident with a
hawk in very unsatisfactory manner
-------------------------------------------------------------------------
8/30/85
Dick Rush/Peter Danielson
85-10
Disposition: Sustained
Officer became personally involved
when resolving a call.
7/26/85
-------------------------------------------------------------------------
85-11
Disposition: Exonerated
8/26/85
85-12
Disposition: Sustained
Officer entered residence in
civil matter.
Rude and unconcerned and failed
to dispatch a unit when request
for service received.
10/8/85
-------------------------------------------------------------------------
~art
85-13
Disp~sition: Sustained - WA
Offended & insulted citizen who
brought puppy to animal shelter.
10/29/85
Susan L. Schnepf
------------------------------------------------------------------------
85-14
Disposition: Sustained - WR
Unprofessional and apathetic
dispatcher in dealing with crime
victim over the phone
------------------------------------------------------------------------
i,?:;;~~
~ -10
9/24/85
85-15
Mrs. Carlson
Dispatcher procedure complaint ref.
911 line.
Disposition: Sustained
11/5/85
85-16
Disposition:
11/22/85
85-17
Dispatcher complaint ref. not
dispatching officer for call of
burglary
Sustained
Protesting police treatment,
being jailed and charged with
a felony.
Disposition: Unfounded
12/11/85
------------------------------------------------------------------------
85-18
Rude & threatening manner reo investi-
gation of illegally parked vehicle.
Also, that officer failed to complete
the investigation.
Disposition: Unfounded
-----------------------------------------------~------------------------
12/9/85
85-19
Arrested juvenile claims grabbed
by throat, rendered unconscious
and fell to the ground hitting
head. Claims victim of racial
remarks by officer
Disposition: Unfounded
-----------------------------------------------------------------------
12/26/05
85-20
415 regarding parking on Broadway.
Failure of unit to respond repeatedly,
Poor judgment of officer not taking
report and unnecessary officer
comments.
Disposition: Sustained - written Advise
-----------------------------------------------------------------------
:s - JI
."
1/27/84/
84-1
Disposition: Unfounded
Complainant called to
unlicensed solicitor.
showed.
request officer for -'""~
Stated no one
------------------------------------------------------------------------------
2/27/84
/
84-2
Disposition: Sustained
While directing traffic, officer made
-" gratuitous gesture towards citizen who
failed to comply with his direction.
------------------------------------------------------------------------------
2/3/84
/
84-3
Disposition: Not sustained
Off-duty officer & family took food from
restaurant.
2/16/84
------------------------------------------------------------------------------
84-4
Failure of officers to stop & assist when
complainant had car trouble. Also, car
had been impounded when she returned.
Disposition: Not Sustained
i/24/84--------------------------poor-r~sponse-to-call-for-accldent-vlctlm~---
Complainant also had to call twice.
/
84-5
2/22/84
Disposition: Not Sustained
------------------------------------------------------------------------------
84-6
./
In responding to an accident & gathering
information, officer mimiced complainant who
was a friend of one of the injured parties.
3/10/84
Disposition: Sustained
------------------------------------------------------------------------------
Conduct unbecoming an officer reference
shoplifting case.
84-7
Raul Hazon, Mgr.
Vons Market
/~
Disposition: Sustained
------------------------------------------------------------------------------
3/15/84 Leroy Sanders
~
84-8
Discrimination by officer against complainant
Disposition: Not Sustained
-3-/2-678-4- -------- ----------------Wh-i-l-;-i-;;;s-t"ig-;tT;i-;r-s-;;-;e-P-;r-;-o-f-iic-e-r- -;e-ry
rude and abusive and refused to explain
reason for investigation.
84-9
Disrin~irion: Unfounded
3 -1';..
Mrs. Ciro Hernandez
~
84-10
Disposition: Not Sustained
,,-,,-
Excessive force in making an
arrest & improper treatment of
prisoner.
------------------------------------------------------------------------------
7/4/84 Tedral L. Thompson
~
84-11
Disposition: Not Sustained
-
Referred to complainant as "boy"
& threatened to hit him with flash-
light if he didn't sit down. Off.
failed to show concern for injuries
to complainant.
------------------------------------------------------------------------------
6/28/84
84-12
Disposition: Unfounded
7/31/84
Carlos Estavillo
84-13
Disposition
Not Sustained
------------------------------------------------------------------------------
8/9/84~ E. R. Walker
84-14
Disposition: Unfounded
Saw officers while arresting and
leading arrestee to the police
unit, physically punish him with
a night stick.
More police action should have
been taken after park assault
incident
Lack of professionalism on part of
three officers and their failure
to control suspected drunk driver
at scene of traffic stop.
------------------------------------------------------------------------------
8/16/84
Tommie Smith
84-15
Disposition: Not Sustained
Complaint ref. citation issued son.
Officer verbally abused son and
cite was harassing technique.
------------------------------------------------------------------------------
8/20/84
84-16
v
Disposition: Sustained
~-J.3
Failed to dispatch unit on
citizen request. Also failed
to dispatch on second request.
9/28/84
vincent Christensen
84-17
Disposition: Sustained
Officer used unnecessary force
and vulgar language in the arrest
of son of complainant.
"""'~l
I
!
----------------------------------------------------------------------------
10/25/84
Dave Mizer + 6 other
complainants
84-18
Disposition: Sustained
Excessive force used while arresting
suspect after suspect was handcuffed
11/13/84
----------------------------------------------------------------------------
84-19
Disposition: Sustained - Counseled
Displeased with police action when
observed plainclothes officer choking
man in custody. Also complained
plainclothes officer called him an
ass hole.
----------------------------------------------------------------------------
84-20
Disposition: Unfounded
Officers entered residence and
arrested him.
----------------------------------------------------------------------------
12/9/84 / Robert Mautino
84-21
Disposition: Not Sustained
Off-duty incident involving three
male subjects in a vehicle. During
contact, complainant's vehicle was
damaged.
---------------------------------------------------------------------------
12/14/84 Barbara L. Keelan
11""
84-22
Disposition: Not Sustained
While issuing cite, officer was rude
and sarcastic. Also, this
unnecessarily delayed complainant
and officer was not concerned with a
possible medical emergency.
12/26/84
Brenda Wilson
---------------------------------------------------------------------------
84-23
/
Disposition: Unfounded
Excessive force used when restraining
and cuffing complainant.
---------------------------------------------------------------------------
3 - IIf
.
12/31/84
84-24
/
F~els police are biased in handling of
neighborhood dispute, as complainant
is homosexual.
Disposition: Sustained - counseled
----------------------------------------------------------------------------
.
"
-~
3 -IS-
2-3-83
Kenneth Ludwick
Disposition: Unfounded
V. Excessive Force
---------------------------------------------------------
;-/j"
\
/"
"
,,"'~ '-"'!I "_~~"4_"1!--"'~_""1!C'~"""""
:~,~~.,_~;:I
,':W,
---,,-,
1/25/82
,
82-1
Mr. Dennis Yakas
Disposition: Sustained
Rude and
demeanor
stop.
offensive attitude and
of officer during traffic
2/2/82
------------------------------------------------------------------------------~
82-2
Disposition: Unfounded
Improper officer action and merits of
arrest involving her 10 year old son.
2/17/82
-------------------------------------------------------------------------------
82-3
Poor attitude and manner of officer
taking inaccurate accident report.
Disposition: sustained
------------------------------------------------------------------------------
2/23/82
82-4
Hr. & Mrs. Daniels
Disposition: Exonerated
During a fare jump investigation, office
used offensive language, hostile demeano
and was argumentative. Also forced open
a patio gate.
2/2/82
------------------------------------------------------------------------------.
82-5
Gregory Allen Fernandez
Disposition: Unfounded
While being arrested for drunk driving,
officers parked his car causing front en,
damage to it.
4/23/82
Maria Hernandez Peinado
82-6
Disposition: Sustained
Grabbed complainants arm during investi-
gation causing injury. Also that officel
used foul language directed at complainal
daughter.
------------------------------------------------------------------------------.
4/2/82
Mrs. Lugo
----
82-7
Disposition: Sustained
Destroyed dog before lawful owner could
redeem it.
------------------------------------------------------------------------------~
5/7/82 Bob Webb Threat to company employee driving
car that she should pay for damages to
officer's private vehicle or receive cit,
82-8
ni q,nnq,; to; r"\n.~___ l\T1""\f- C,.,f-~;..,...~__
?1 - (1
'>
5/25/82
l~s. Jenny Buselt
C,. .
82-9 -.
Disposition: Unfounded
".1"
Puppy advertised listed for $15 rather
than S20 actual fee & her son not
allowed to leave to obtain additional
money.
~,.
1,;,
-------------------------------------------------------------------------------
5/25/82
82-10
Disposition: Unfounded
Officer rude, threatening & angry manner
used when approaching complainant.
-~ ':0
I,
~"
rj
8-12-82
-------------------------------------------------------------------------------
Officer used profanity when arresting
complainant's daughter. Also
pulled her hair to take her
out of the patrol car.
82-11
Disposition: Sustained
9-28-82
Shari Stein
------------------------------------------------------------------------------
82-12
Disposition: Sustained
10-6-82
Joann Foulk
82-13
Disposition: Sustained
Advised complainant an injured dog
would be picked up and then failed
to do 50.
Poor judgement on part of officer - asking
complainant's daughter if he knew a
woman who used to live in area & showing
complainant's daughter photographs of
supposed sex deviate.
11-29-82
Shirley Ann Rasmussen
------------------------------------------------------------------------------
".
,
82-14
Disposition: Unfounded
Complainant treated unusually rough .
manner by officer, handled the matter
unprofessionally & officer laughed and
joked about the incident in her presence.
------------------------------------------------------------------------------
11-8-82 Teresa Bell Off-duty conduct of officer regarding
complainant's son.
82-15
Disposition: Sustained - WA
'3 - {~
1 12-2-82
Mrs. Rhonda Tamayo
575-8 Otay Lakes Rd.
CV 421-0953
82-16
Disposition: Sustained - WA
"",,'t'i'
Violation of conduct by officer while
in uniform
-------------------------------------------------------------------------------
3 -/1
7-18-70
Dispostion:
COMPLAINTS FOR 1970-1980
Barbara Arasmi th
Unlawful search and rudeness
a
Sustained
6-10-74 Excessive force
8-19-74
Disposition: Not sustained
Excessive force
Dispositon:
8-29-77
Dispositon:
3-28-79
Dispositon:
9-15-79
Disposition:
7-28-80
Disposition:
James Brennan
Not sustained
Officer would listen to
complaint
Not sustained
Connie Ballew
Excessive force
Not sustained
Abusive towards citizen
Unfounded
_Bill leatherberrili
... 1.1..
Officer is having affair
with complainants daughter
Unfounded
3-j,P
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 3/30/93
ITEM TITLE: Resolution Ii 0 S 3 Approving the filing of three applications for
Transportation Enhancement Activities Program Funds under the
Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and
designating the City Engineer as the authorized representative for this
program
SUBMITTED BY: Director of Public Works~ r,/'
REVIEWED BY: City Manage? (4/Sths Vote: Yes_No X)
The Transportation Enhancement Activities Program was enacted as part of the Intermodal
Surface Transportation Efficiency Act (IS TEA) of 1991. California is scheduled to receive more
than $200 million over a six-year period (6 cycles) under this program. Projects must be
directly connected to the transportation system and should also provide maximum enhancement
to the environments and communities. This resolution will approve the filing of three
applications for first cycle funding. The application is for: 1) Capital Improvement Project
(CIP) No. PR-153 which involves the construction of a pedestrian/bicycle trail and path along
Sweetwater Road and Willow Street across the Chula Vista Golf Course and over the Sweetwater
River, 2) Proposed CIP for FY 93-94 involving the installation of sidewalk improvements along
both sides of Third Avenue between Orange Avenue and Main Street; and 3) Proposed CIP for
FY 93-94 involving the installation of sidewalk improvements along the east side of Fourth
Avenue between Orange Avenue and Anita Street.
RECOMMENDATION: That City Council approve the resolution as stated above.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In late 1991, Congress drafted and the President signed into law the Intermodal Surface
Transportation Efficiency Act (ISTEA). A component of ISTEA is the Transportation
Enhancement Activities Program, a 10% set aside from the Surface Transportation Program
funding category. Transportation enhancement activities are a means of more creatively and
sensitively integrating transportation facilities into their surrounding communities.
Over the six-year life of the act, over $200 million in Transportation Enhancement Activities
Funds (TEA) are apportioned to California. Each year funding is considered to be one program
cycle. Caltrans is emphasizing projects that can be implemented in FY 93-94 for this first cycle.
Ll-I
Page 2, Item~
Meeting Date 3/30/93
We will be holding on projects that cannot be implemented that quickly for the second cycle.
The application process for the second cycle will begin this summer. Candidate projects for
cycle 2 may include segments of the Bay Route Bikeway. However, this will be done following
adequate coordination with SANDAG which is the lead agency for said bikeway. TEA monies
must be matched at approximately 88 Federal dollars to 12 non-Federal dollars. These are
reimbursable Federal aid monies subject to all the requirements of Title 23, United States Code
and related Federal and State laws. The California Department of Transportation (CalTrans) has
established the procedures and criteria for reviewing proposals. Said procedures and criteria
established by CalTrans require application approval by the applicant's governing body.
Following approval of this resolution, Engineering staff will submit the complete application
package to SANDAG. SANDAG's role is to evaluate each application based on said procedures
and to complete its evaluation process by developing a regional priority list by late May. Action
is currently scheduled for the May 28 SANDAG Board of Directors meeting. The regional
priorities will then be submitted to the California Transportation Commission for final adoption
of the first cycle of the subject program at their August 4, 1993 meeting. The application
contains assurances that we must comply with and if selected we will need to enter into an
agreement with the State of California to carry out the Transportation Enhancement Activities
Project.
Transportation enhancement activities must meet three basic criteria, based on instruction from
the Federal Highway Administration:
a. Enhancement activities are over and above normal transportation projects.
Typically, a normal transportation project includes mitigation, standard
landscaping, other permit requirements and provisions negotiated as a
condition of obtaining a permit for a transportation project for a normal
[non-enhancement] transportation project.
b. Project must have a direct relationship to the intermodal transportation
system, which consists of all forms of transportation in a unified,
interconnected manner. This relationship may be one of function,
proximity, or impact. For example, a bikeway is afunctional component
of the intermodal transportation system. Removal of outdoor advertising
in the viewshed of a highway is justified in light of its proximity. Water
pollution control alongside an existing highway to protect or improve a
drinking water supply would qualify based on the impact of the highway
in terms of water pollution.
c. Projects must be selected from one or more of the 10 activities categories
eligible to be accounted for as transportation enhancement activities. They
are:
1. Provision of facilities for pedestrians and bicycles.
2. Acquisition of scenic easements and scenic or historic sites.
It-2..
Page 3, Item!:l.--
Meeting Date 3/30/93
3. Scenic or historic highway programs.
4. Landscaping and other scenic beautification.
5. Historic preservation.
6. Rehabilitation and operation of historic transportation
buildings, structures or facilities (including historic railroad
facilities and canals).
7. Preservation of abandoned railway corridors (including the
conversion and use thereof for pedestrian or bicycle trails).
8. Control and removal of outdoor advertising.
9. Archaeological planning and research.
10. Mitigation of water pollution due to highway runoff.
This resolution will approve the filing of three applications:
1) Capital Improvement Project (Project No. PR-153) which involves the
construction of a pedestrian/bicycle trail and path along Sweetwater Road
and Willow Street across the Chula Vista Golf Course and over the
Sweetwater River. The project will provide connections to pedestrians/
jogging trails and bikeways in the Bonita area, will revegetate portions of
the river floodway and will clean up a mosquito infested drainage channel.
The total project cost is $318,000. The Transportation Enhancement
Activities portion of the project as presented in the application is estimated
to cost $128,800. Current funding for this project as shown in the CIP
comes from two sources: Transportation Development Act (TDA) funds-
$145,000, and Golf Course revenues - $108,750, which brings total
current funding to $253,750, and results in a funding shortfall of $64,250.
If this application is approved by the California Transportation
Commission and if the City of Chula Vista receives full funding under this
program, surplus funds up to $108,750 will be used to reimburse the Golf
Course Revenue Account.
2) Proposed CIP for FY 93-94 involving the construction of sidewalk improvements
along both sides of Third A venue between Orange Avenue and Main Street. The
total project cost is $173,000. We have also submitted an application for TDA
funds for this project. The ability to implement this project depends upon funding
approval under either program.
4-3
Page 4, Iteml
Meeting Date 3/30/93
3) Proposed CIP for FY 93-94 involving the construction of sidewalk improvements
along the east side of Fourth Avenue between Orange Avenue and Anita Street.
The total project cost is $63,000. We have also submitted an application for
IDA funds for this project. The ability to implement this project depends upon
funding approval under either program.
As indicated above, we also looked at submitting the acquisition of the abandoned rail line for
the Bay Route Bikeway as a project and discussed it with SANDAG, which is the lead agency.
SANDAG indicated that they have already discussed acquiring the rail line right-of-way with
MTDB. SANDAG staff advised us that MTDB would not sell the right-of-way because MTDB
is looking at a project to run an excursion train over the tracks. SANDAG staff also indicated
that they are putting in an application for the Sweetwater section of this bike route under Cycle
1.
FISCAL IMPACT: Potential total revenues to the City of $364,800. The actual amount is
dependent upon which projects are approved for funding by the California Transportation
Commission.
SMN/Filc: KY-026, KY-036, PR-153
WPC F:\HOME\ENGINEER\AOENDA\ISTEA..APP
031993
L{~ l{
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FILING OF THREE
APPLICATIONS FOR TRANSPORTATION ENHANCEMENT
ACTIVITIES PROGRAM FUNDS UNDER THE INTERMODAL
SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA)
OF 1991 AND DESIGNATING THE CITY ENGINEER AS
THE AUTHORIZED REPRESENTATIVE FOR THIS PROGRAM
WHEREAS, the Transportation Enhancement Activities
Program was enacted as part of the Intermodal Surface
Transportation Efficiency Act (ISTEA) of 1991; and
WHEREAS, California is scheduled to receive more than
$200 million over a six-year period (6 cycles) under this program;
and
WHEREAS, proj ects must be directly connected to the
transportation system and should also provide maximum enhancement
to the environments and communities; and
WHEREAS, staff recommends the filing of three
applications for first cycle funding for: 1) Capital Improvement
Project (CIP) No. PR-153 which involves the construction of a
pedestrian/bicycle trail and path along Sweetwater Road and Willow
Street across the Chula vista Golf Course and over the Sweetwater
River, 2) proposed CIP for FY '93-'94 involving the installation of
sidewalk improvements along both sides of Third Avenue between
Orange Avenue and Main Street and 3) proposed CIP for FY 93-94
involving the installation of sidewalk improvements along the east
side of Fourth Avenue between Orange Avenue and Anita Street.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve the filing of three
applications for Transportation Enhancement Activities Program
Funds under the Intermodal Surface Transportation Efficiency Act
(ISTEA) of 1991 and designating the City Engineer as t e authorized
representative for this program.
'"Xf<
Presented by
John P. Lippitt, Director of
Public Works
F:\home\attorney\670.93
4-5
Tl'llnsportlltion Enhancement Activities (TEA) Application Form
GENERAL INFORMATION
1'93-94Vear Proposed
Propo.al has .rtes in more than one RTPA.
Proposal i. entirety wi1hin the RTP A.
Propo.al i. statewide or mu"i"~ional in scope, and has no geollraphic 'home'.
TEA PROJECT NAME: Sidewalk Installation - on Fourth Avenue south of OranRe Avenue
IP Code-Phone)
l!l..rt F'llure. .n current year dolla...
TEA PORTION OF PROJECT S 55.000
NON.FEDERAl. MATCH (SOURCE) S 8.000
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5021
TOTAl. PROJECT COST
I h':t non
D
o
Proposed tranlPortation enhancement activity will be scored in mil of the followinll divisions. Fill out and include the palle i!ldicated:
Iia 1. BicYCle, Pedestrian, Abandoned Rail Right of Way (Page 4L) 0 3. Transportation Aesthetics and Scenic Values (Page 4c.)
o 2. Historic/Archaeological (Page 4b.) 0 4. Water Pollution Due to Hillhway Runoff. (Pall' 4d.)
Transportallon Enhancement ActlYlty Project Representatrve
(Name. We, phone)
Person With day.to.day responSlb,iny for proJ'ct (n drffer.nt from
project represent.lIve) (Name. title. phone)
Shale Hanson
Civil Engineer
(619) 691-5114
Shale Hanson
Civil Engineer
(619) 691-5114
3RIEF DESCRIPTION OF PROPOSED TRANSPORT ATION ENHANCEMENT ACTIVITIES (not to exceed 60 words)
This project will provide a missing segment of sidewalk along the east side of Fourth
Avenue between Anita Street and a point approximately 500 feet south of Orange Avenue.
This sidewalk along with the associated curb, gutter and pavement will enhance the
neighborhood.
CEDERAl. ENVIRONMENTAL CLEARANCE FOR TEA PROJECT (check proposed type and status.)
Type: _Ne9"lrve Decls..llon
Status: _____Complete
Project will be exempt.
'\lame of Lead Agency
_Calegori..1 EI_ploon _Envi_ntallmpact Slata",.nt
_In Progress A!lticipated Compl'liO!l Dale _Not Started
City of Chula Vista
..........,:-01''''
Ja!luary 22. 1993
~
4/...,
Page 1
Include this page in each lIPPlicatio!l.
, .
y'
INFORMATION REQUIRED TO ADDRESS
SCREENING CRITERIA
If any of the applicable screening critaria below are not met, the proposal will not be ranked or evaluated any further, A "no" answer to anv of th,
followino ou@!~tion!!l imrT'lAdiat@/v disouBlrfie.s the DroDo~81:
,. 1$ the project eligible for Transportation Enhancements funding:
liiI Ves
o No
a.. RELATIONSHIP TO INTERMODAL TRANSPORTATION SVSTEM --1L-Fu~ion -1LProximity Impact
Snafly explain direct relatIonship to transportatIon system. (How does the proposed actlVny enhanceth.transportation .ystem?)
The proposed sidewalk will provide a route for students,as well as other pedestr~ans/between
1 a 001 and the new lt~rar. It will rovide connections to a bus
constructed at the north. end of the project. Also, the additional pavement will
b. OVER AND ABOVE NORMAL PROJECT Ii1l Ves 0 No
(If the activity is mentioned in an environmantal document as a required m~igation. or If the activity is requirad by permitting agencies to
proceed with another project, this activity is not OVer and above a "normel" project.)
_3. Scenic or historic highway programs.
c. WHICH CATEGORV OR CATEGORIES ENCOMPASS THE TEA? (May be more than one.)
--L.'. Provision of facil~ies for pedestrians and bicycles. _6. Rehabil~ation and operation of historic transportation
buildings, structures or facil~ies (including historic railroad
facilities and canals).
_7. Preservation of abandoned railway corridors (including the
conversion and use thereof for pedestrian or bicycle trails).
Control and removal of outdoor advertising.
Archaeological planning and research.
_'0. M~igation of water pollution due to highway runoff.
_8.
_9.
_2. Acquisition of scenic easements and scenic or historic
sites.
_4. Landscaping and other scenIC beaut~ication.
_5. Historic preservation.
2. Is the project consistent (or "not inconsistent") wrthfedaral. state. regional or local land use end regional transportation plans, goals and
policies? 19 Ves 0 No
Please describe the plans used in evaluating consistency:
Chula Vista General Plan
3. Is the project finencially viable? rn Ves 0 No
(The goveming body will be required to submit a resolution to this effect If the project is selected by the Regional Transportation Planning
Agency.)
4. Is this project well-defined. well-just~ied. and ready-to-go in the year proposed? E]: Ves 0 No
Please desCribe any evidence supporting this statement.
The City is prepared to design and construct this facility in Fiscal Year 1993-94 if funding
becomes available.
aVes'
o No
5. Does the project improve air quality or does ~ have e neutral eir qualrty impact?
Pleese describe any evidence supporting this conclusion.
As a non-motorized facility, it would encourage people to walk instead of drive.
6. Is the project as proposed in compliance with the Americans with Disabilities Act?
What evidence is there to support this claim? (Please Describe)
This project will comply with all ADA requirements and be accessable to everyone.
aVes
o No
o Not ~plicable
7. For archaeology and historic preservalion projects, is the proposal in compliance with the Secretary of the Interior's Standards and
Guidelines for Archaeological and Historic Preservation? 0 Ves 0 No 0 Not ~plicable
Please describe any evidence available to support this claim.
.....1Ofl Form
January 22. '993
~
&.1..'7
, Page 2
Include thl. page in Nch application.
INFORMATION REQUIRED TO ADDRESS
SCORING CRJJERIA
1. R.oion.r and Communftv ~nh.ne.~nt (Maximum 50 points)
Please explain Ih. activity's primary .ff.cts . b int.nt and purpose . on Ih. following .I.menls:
a. How does Ih. project ifT1)rov. ov.rall quality-of.m.. community. anellor .nvironment ? (10 pOlnls)
It ~rovide a safe, clean and attractive route for the students and other pedestrians going
-fOtlie library.
C. Describ. how Ih. activity incraas.s acc.ss 10 activity c.nl.... such as businasHs. schools. recreational ar... and shopping areas.
Do.s Ih. propos.d project connect Iransponation modes. or does Ih. activity h.v. (lti..r mufti-modalaspects? Do.s thtl proj.ct
r.inforc. or cOfT1)lement the r.gionallransponation syst.m. or fill s d.fici.ncy in the syst.m? (Maximum 8 poinfa)
The project will provide pedestrian access and improved bicycle access to the new library
hein~ rnn!=;t"TI1C"tpn Tt' tAd11 pT'n,rirl&:> ~ mic::c:.ing 1;"11- ;1"1 t-'h.o r;f-r'~ po..:r""f't-Y"~~.... .......tu""...t..
"
c. D.scrib. how activity ifT1)l.menls goals in the r.gionallransponation plan. or olh.r adopted f.deral. stal.. or local pians. (Max. 8
points) This project will implement the City's goal of providing sidewalk along all public
streets, especially connecting activity centers.
c. Pleas. .xplain the d.gree to whICh the project increas.s evailability or .wareness of histonc. community. visual or natural r.sourc.s.
(Maximum 8 pOints) These improvements will enhance the character of the neighborhood and
improve the sense of community.
· Pleas. describe evidence of degree of regional or community suppon and summarize Ihat suppon below. (Maximum .8 points)
The students from Montgomery Elementary School and residents south of Orange Avenue want
to use a sjdew~lk to rp~('h thp l;h,..~,..y
:. ~ the project encompasses more than one of the activny.specihc divisions. explain. (proJeclS can score in only one oflhe activity.
spacKIC divisions below) (Maximum 8 pOints)
N/A
2. Cost EHKtiv@nlua/Rl!..onable Coat (Maximum 10 points)
What IS the anticipated hfe 01 the facility or product resulting from
Ihls proJ.ct In years? -2l... years.
What IS the total capna! cost of the project?
$ 63,000 .
Please indicate where you beheve Ihe project lalls on the following
leale:
Please explain your answer. showing any calculations of b.nehts
in [curT.ntl dollar terms. It will be a very effective
way to save lives along a busy street
Highly Cost-effective
R.asonable Cost or Moderately Cost-effective
Low Cost-effectIVeness
Not Cost-el1ectivelNot Applicable
I!I
o
o
o
3. Proiecl Need (5 points)
Ar. the .nhancements proposed threatened. or will an opponunny be losl rt lhe proj.ct is not funded?
Pi.... .xplaln the spacific threats or opponunities losl.
No enhancements will be made if the nroiect is not funded.
S Ves
o No
4. Ae1ivitv.SDeeifie Enhaneemenl Divisions (40 points) Project can 1IC0r. in only .QD1 ollhe following activrty.spacdic divisions.
in wnlCh category should Ihis proposal be eveluated? Select only .QD1:
!Xl 1. Bicycle. Pedestrian. Abandon.d Rai! Right of Way
o 2. Historic/Archaeological
o
o
3. Transponalion A.sth.tics and Scanic Values
4. Wat.r Pollution Due 10 Highwey Runoff.
Plaas. answer questions for the selected division. Only includ. thaI Division page in the application.
.-......
January 22. 1993
~
Page 3
Include thi. page in each application.
&.I" ,
Division 1
1. Bicycle. Pedeatrian or Abandoned Rail Right-of.Way Propoule:
a. What is tha need for the proposed activity? Plaase spacify high, medium. or low and axplain your answer. For axa~le. is there a
shortage of pedestrian or bicycle facilnies available? Is there a missing link in connaeling the intermedel system; how important is rt?
How necessary are new lacilities serving the system? (Maximum 20 points)
There is a shortage of sidewalks in
having a high need for sidewalks.
unsafe pedestrian route.
this neighborhood. Fourth Avenue is a major road
The high speed and volume of ttaffic provides an
Sidewalks have been installed to the south and around the elementary school.
are also being installed at Fourth and Orange as part of the library project.
project will connect these sidewalk facilities, filling a missing link.
Sidewalks
This
Also, Fourth Avenue will become the City's major north/south bicy~le route. The
additional pavement provided by this project will make for a safer bike route.
b. How well does the proposal meet or address the opportunnies and/or needs for bicycie or pedestrian facilities? (Maximum 20 points)
This project will enhance the community's image and provide a safe route for students,
as well as other pedestrians, as they walk to the library.
~callOn ForTT'l
January 22. 1993
M ~..'1
Page 4a
Include one diviaion page in the application.
ASSURANCES
CommrtmenVPrior Commrtmen1:
Has the implemenhng agency or project sponsor cartified that rt is willing and able to maintain an, ':>erate tha project'
aVes
o No
Please describe the best evidence of the cartification available. If none is available, when can one be provided?
Project sponsor possesses legal authority to nominate transportation enhancement activity and to financa, acquire, and construct the proposed
project; and by formal action (e.g.. e resolution) the sponsoring agency's governing body authorizes the nomination of the transportation
enhancement activity, including all understanding and assurances contained therein, and authorizas the person identified as the official
representative of the sponsor to act in connection with the nomination and to provide such additional information as may be required.
Project sponsor will maintain and operate the property acquired, developed, rehabilrtated, or restored with the funds for the lifa of the resurtant
facility(ies) or activity. Wrth the approval of the California Department of Transportation,the applicant or rts successors "'terast in the property
may transfer the responsibility to maintain and operate the property.
Project sponsor will give the California Department of Transportation's representative access to and the right to examine all records, books,
papers, or documents related to the transportation enhancement activity.
Project sponsor Will cause work on the project to be commenced within a reasonable time after receipt of notificahon fro", me State that funds
have been approved by the Federal Highway Administration end that the project will be carried to complehon with reasoc - 'ie diligence.
Project sponsor will comply where applicable with provisions of the Califomia Environmental Quality Act, the National E,. ,oomental Policy Act,
the Americans wrth Disabilities Act, the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservahon, and any
other federal, state, and/or local laws, rules and/or regulations.
I certify that the information contained in this transportation enhancement activity nomination, including required attachments, is aocurate and
that I have read and understand the import am infomnation and agree to the assurances on this form.
Signed Date
(TEA Sponsor's Authorized Representative as shown In Resolution)
Printed (Name and Title)
Clifford L. Swanson
Deputy Public Works Director/City Engineer
....lCII'Ion Fer""
January 22, 1993
~ .....10
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File No. KY -036
CITY OF CHUU VISTA
ENGINEERING DIVISION
ENGINEER'S ESTIMATE
PROJECT TITLE: Construction of 925' of Sidewalk and Associated
Curb, Gutter, and Pavement - East Side of Fourth
Avenue - An~a Street to Proposed Ubrary S~e
DATE: JAN 8, 1993
PREPARED BY: M J I
CHECKED BY: S M N
INO. I I1EM QUAN1TJ'Y; UNIT: UNIT PRICE AMOUNT
i 1 i GRADING ITEMS 500 CY $15.00 $7,500
I 2 I BASE 205 CY $16.00 $3,280 I
3 lAC PAVEMENT AND SURFACE IMPROVEMENTS 205 TON $40.00 i $8,200 !i
, 4: SIDEWALK. CURB, AND GUTTER 925 LFI $22.00 , $20,350 !i
, I I I.
5 ,TRAFFIC CONTROL
LS . LS $5,000.00 ,
$5,000
" 6, WHEELCHAIR RAMP 1 EA $700.00 , $700 II
i' 0 I:
I
, i SUBTOTAL $45,030 I
I,
I SAY $45,000
I
, I COt-.'TINGENCIES SUBTOTAL (25 %) $11,250
ENGINEERlNG SUBTOTAL (15 % ~ $6,750
PROJECT TOTAL $63,000 I:
(IDASW4TH)
+t ,6 If-IS'
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,
~ATE: 01/08/93
JtRO~EC'r tJtITLE
SIDEWALK INSTALLATION ON FOURTH AVENUE,
SOUTH OF ORANGE AVENUF:
~JUoWN BY: A. Stevens
II
-
~ ...". I.f .../~
Transportation Enhancement Activities (TEA) Application Form
GENERAL INFORMATION
y 93-94 Year Proposed
Proposal has sites in more than one RTPA.
X Proposal is entirety within the RTPA.
Proposal is statewide or muiti-regional in scope, and has no geographic 'home'.
TEA PROJECT NAME:
Bicycle/iogging trail - along Sweetwater Road and Willow Street.
PROJECT SPONSOR (Agency -- Address - ZIP Code-Phone)
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Insert Figures .n current year dollars.
TEA PORTION OF PROJECT S 128.800
NON-FEDERAL MATCH (SOURCE) S 189,200
TOTAL PROJECT COST S II ROOD
o TEA is a stand-alona project.
rn1
Proposed transportation enhancement activity will be scored in .llD.e. of the following divisions. Fill out and include the page indicated:
GI ,. Bicycle, Pedestrian, Abandoned Rail Right of Way (Page 4a. )
o 2. Historic/Archaeological (Page 4b.)
o 3. Transportation Aesthetics and Scenic Values (Page 4c.)
o 4. Water Pollution Due to Highway Runoff. (Page 4d.)
Transportation Enhancement ActiVity Project Representative
(Name. title, phone)
Person with day-to.day responsibility for prolect (it different from
project representative) (Name. title, phone)
Alex AI-Agha
Ci vll Engineer
(619) 691-5179
Alex AI-Agha
Civil Engineer
(619) 691-5179
BRIEF DESCRIPTION OF PROPOSED TRANSPORTATION ENHANCEMENT ACTIVITIES (not to exceed 60 words)
This project will construct a pedestrian/bicycle trail across the Sweetwater River that
will provide a safe crossing parallel to the very busy and narrow Willow Street bridge.
It will provide connections to pedestrian/jogging trails and bikeways in the valley,
will revegetate portions of the river floodway, and will clean up a mosquito infested
drainage channel.
FEDERAL ENVIRONMENTAL CLEARANCE FOR TEA PROJECT (check proposed type and status.)
Type:
Status:
-LNegative Oedaration _Categorical Exemphon _Environmental Impact Statement
....x....Complete _In Progress Anticipated Completion Date _Not Started
Name of Lead Agency
City of Chula Vista
AOCIiICatD'lForm
January 22. '993
~
Page'
Include this page in Nch application.
1.("'7
INFORMATION REQUIRED TO ADDRESS
SCREENING CRITERIA
H any of the applicable screening cr~eria below are not met, the proposal will not be ranked or evaluated any further. A "no" answer to anv of th,
followino auestions immedi2ltelv disoU8iifilU the DroDosal:
1. Is the project eligible for Transportation Enhancements funding:
tll Ves
o No
a. RELATIONSHIP TO INTERMODAL TRANSPORTATION SVSTEM ~Function _Proximity X Impact
Briefly explain direct relationship to transportation system. (How does the proposed activity enhance the transportation system?)
See attached sheet
b. OVER AND ABOVE NORMAL PROJECT IX! Ves 0 No
(If the aclivity is mentioned in an environmental document as a required m~igation, or H the activity is required by permitting agencies to
proceed ~h another project. this activity is not over and above a "normal" project.)
c. WHICH CATEGORV OR CATEGORIES ENCOMPASS THE TEA? (May be more than one.)
-1L-.1. Provision of facil~ies for pedestrians and bicycles. _6. Rehabil~ation and operetion of historic transportation
buildings, structures or facil~ies (including historic railroad
facilities and canals).
_2. ACCluisition of scenic easements and scenic or histor~
sites.
_3. Scenic or historic highway programs.
_7. Preservation of abandoned railway corridors (including the
conversion and use thereof for pedestrian or bicycle trails).
_6. Control and removal of outdoor advertising.
_9. Archaeological planning and research.
_10. Miligation of water pollution due to highway runoff.
....lL- 4. Landscaping and other scenic beautnlcalion.
_5. Historic preservation.
2. Is the project consistent (or "not inconsistent") wilh federal. state. regional or local land use and regional transportation plans, goals and
policies? fi Ves 0 No
Please de,scribe the plans used in evaluating consistency:
Chula Vista General Plan; Chula Vista Bicycle Facility Plan; SANDAG Re~ional Bicycle Corridor
3. Is the project financially viable? !XI Ves 0 No Map
(The governing body will be required to submit a resolution to this effect if the project is selected by the Regional Transportation Planning
Agency.)
4. Is this project well.defined, well.justnied. and ready.to-go in the year proposed?
Please describe any evidence supporting this statement.
See attached sheet
Ell Ves
o No
IX! Ves'
o No
S. Does the prOject improve air quality or does ~ have a neutral air qualily impact?
Please describe any eVidence supporting this conclusion.
See attached sheet
6. Is the project as proposed in compliance wilh the Americans wilh Disabilities Act?
What evidence IS there to support this claim? (Please Describe)
See attached sheet
iii Ves
o No
o Not Applicable
7. For archaeology and histone preservation projects, is the proposal in compliance with the Secretary of the Interior', Standards and
Guidelines for Archaeological and Histone Preservation? 0 Ves 0 No J[J Not Applicable
Please describe any evidence available to suppon this claim.
n - a 1/ ..,e
Page 2
Include this pege Irt Hch application.
Apciall'Jl'l For""
January 22,1993
March 10, 1993
File # KY-026
AS-006
TRANSPORTATION ENHANCEMENT ACTIVITIES
TEA
APPLICATION
CHULA VISTA BICYCLE/JOGGING TRAIL
SCREENING CRITERIA
1a. This project will provide a bicycle path and jogging trail for
biCYClists and pedestrians along Sweetwater Road and Willow
Street, through the Chula Vista Golf Course, and over the
Sweetwater River.
4. Yes, the project is ready to go in FY 93-94. The purpose of
the project, which is to build a bicycle path and jogging
trail, is well defined and will be successful. The City of
Chula Vista and the County of San Diego have agreed on the
design and scope of the project. The improvement plans are
complete and all necessary environmental documents and permits
have been obtained. No right of way is required since the
trail passes through City owned property.
5. The project will improve air quality since a non-motorized
facility will be provided and more people will use the
bicycle/ pedestrian path and leave their cars at home. Less
congestion on the bridge will also contribute to cleaner air.
6. Yes, this facility will be accessible to all pedestrians.
Currently, if a person in a wheelchair wanted to cross the
river they would have to use a traffic lane and tie up
traffic.
2A
~ .3
", -/ 'I
INFORMATION REQUIRED TO ADDRESS
SCORING CRITERIA
1. Re(:lional and Communitv Enhaneernent (Maximum SO points)
Please explain the activity's primary effects - rts intent and purpose - on the following elements:
a. How does the project i~roye overall quality-of-lije. community, and'or environment? (10 points)
See attached sheet
b. Describe how the activity increases access to activity centers. such as businesses, schoois. recreational areas and shopping areas.
Does the proposed project connect transportation modes, or does the activity have other mufti-modal aspects? Does the project
reinforce or co~lementthe regional transportation system. or fill a deficiency in the system? (Maximum 8 points)
See attached sheet
c. Describe how activity i~lements goals in the regional transportation plan. or other adopted federal, state, or local plans. (Max. 8
points)
See attached sheet
c. Please explain the degree to which the project increases availability or awareness of historIC. community. visual or natural resources.
,Maximum 8 points}
See attached sheet
.. Please describe evidance of degree of regional or community suppon and summarlza that support below. (Maximum 8 points)
See attached sheet
1. ~ the project erICompasses more than one of the activrty-specific divisions. explain. (projects can score in only one of the activity-
specifIC divisions below) (Maximum 8 pOints)
See attached sheet
2. eo.t E:ff@ctivene..lRelllsonable Cost (Maximum' 0 points)
What IS the anticipated life of the facility or product resulting from
thiS project in years? ~ years.
Please indicate where you believe the project falls on the following
scale:
Please explain your answer. showing any calculations of benefits
in Icurrentl dollar terms.
See attached sheet
Highly Cost-effective
Reasonable Cost or Moderately Cost-effective
low Cost-effectiveness
Not Cost-effectivelNot Applicable
a
o
o
o
What i!: the total caprtal cost of the proJect?
S 318,000 .
3. Proiect Need (5 points)
Are the enhancements proposed threatened. or will an opportunrty be lost ij the project is not funded?
Please explain the specific threats or opportunities lost.
See attached sheet
m Yes
o No
4. Activitv.Soeclflc Enhancement Divisions (40 points) Project cen score in only QD4 of the following activrty-specijic divisions.
In whICh category should this proposal be evaluated? Select only Jmlt:
lXI 1. Bicycle. Pedestrian, Abandoned Rai~ Right of Way
o 2. Historic/Archaeological
o
o
3. Transportation Aesthetics and Scenic Values
4. Water Pollution Due to Highway Runoff.
Please enswer questions for the eelected division. Only Include th81 Division page in the application.
"'_IMIIDJIFotPn
January 22. 1993
Page 3
Include this pege In each applic811on.
~
*..zp
March 10, 1993
File # KY-026
AS-006
SCORING CRITERIA
Reqional and Communitv Enhancement
1a.
lb.
1c.
1d.
let
If.
2.
3.
This project will greatly improve pedestrian safety and access
to the Bonita area and provide important connections in the
Chula Vista bicycle network. It will encourage more people to
walk or ride a bike instead of driving.
The Sweetwater River Regional Park encompasses a large portion
of the valley and includes a golf course and many other
recreational uses. These recreational activities as well as
the businesses and shopping areas are separated by the
Sweetwater River. The Willow Street bridge is the only
crossing in the central portion of the valley, other crossings
being at least 1-1/2 miles away. This project will greatly
improve the connections between activity centers for
pedestrians, bicyclists, equestrians, and disabled persons
wishing to cross the river.
This project will provide connections shown on the Chula vista
Bicycle Facility Plan and on the Regional Bikeway Map.
This project will provide its users with an enhanced scenic
route and provide a much closer view of the Sweetwater River's
natural resources. (wildlife, vegetation etc.)
There is a high degree of public support for this facility.
The Sweetwater Valley civic Association, Bonita Road Runners
Club, and various other Community Groups that use this
crossing all endorse this project.
The project will provide environmental enhancement within the
floodway and landscaping along the entire length of the
project. This work is over and above what will be done for
mitigation purposes and will be compatible with a scenic
route.
Currently, well over 1000 people cross the Willow Street
bridge daily during the summer. The cost of widening the
bridge to accommodate the pedestrians and bicyclists would be
many times greater. Also crossing the proposed facility will
be a much more enjoyable experience than crossing a bigger
bridge along with the automobiles.
Without this additional funding the scope of the project will
have to be reduced. This may result in a negative impact on
the proposed enhancements.
3A
~ 'I,l./
Division 1
1. Bicycle. Pedeatrian or Abandoned Rail Right-of-Way Propoula:
a. We,' IS the need for the proposed activity? Pie e.. specity high. mea, om. or low and axplain your anawer. For example. is there a
o"""oage of padestrian or bicycle facilnias availabie? 'S thare a miss,ng link in connecting the intermoda' oystem; how important IS rt?
How necessary are new facilities serving the systam? (Maximum 20 points)
See attached sheet.
b. How well does the proposal meet or address the opportunnies andlor needs for bicycle or pedestrian facilities? (MlIlCimum 20 points)
See attached sheet.
-'lppkal....." Form
.January 22. 1993
Page 4a
Incl" ., ona diviaion paga In tha application.
~. &I"'~J,.-
March 10, 1993
File # KY-026
AS-006
Activitv - Specific Enhancement Divisions
DIVISION I
Bicycle/Pedestrian Proposal
a. There is a high need to improve the safety of pedestrians and
bicyclists using the Willow Street Bridge to cross the
Sweetwater River. This project will solve this safety problem
and also complete a missing link in the regions bikeway
system. This will be done by constructing a separate bridge
for pedestrians and bicyclists over the Sweetwater River along
with associated paths connecting Sweetwater Road on the north
with willow Street and a pedestrian/jogging/equestrian trail
on the south.
The Sweetwater River Valley, also referred to as Bonita,
provides for a major open space corridor in the South Bay
Region. The entire valley is one big recreational area
containing two golf courses, a large regional park, and
several smaller parks that provide many different recreational
uses. Also located within the valley are the Bonita shopping
area along Bonita Road just east of willow Street, a large
regional shopping center at the west end, several office
buildings and a couple of elementary schools.
Bonita Road runs along the south side of the valley and
Sweetwater Road runs along the north side providing east/west
access in the valley. Willow Street is the only river
crossing in the central portion of the valley and consists of
a very narrow two lane bridge with one narrow sidewalk. Other
crossings are at least 1.5 miles in either direction. There
are also jogging trails, equestrian trails and bikeways that
connect many of the different activity centers.
When pedestrians, joggers, or bicyclists want to cross the
river they are forced to use this narrow bridge. Horses also
use the bridge when they are unable to cross the river below.
And if a disabled person in a wheelchair wanted to cross, they
would need to use the traffic lane. With all of these various
modes of travel using the bridge it can become a very
dangerous situation.
This project will provide a much more pleasant and safe
connection for bicyclists and pedestrians between the activity
centers on both sides of the river and eliminate many of the
conflicts on the narrow willow Street bridge.
4B
:f. i'" -%3
March 10, 1993
File # KY-026
AS-006
Activitv - Specific Enhancement Divisions
DIVISION I
BICYCLE/PEDESTRIAN PROPOSAL
b. This facility will provide the needed access across the
Sweetwater River for the many pedestrians and bicyclists that
currently use the willow Street bridge. It will provide a
safe and aesthetic crossing for its users and will encourage
others to leave their cars at home and use the new bridge.
A large number of pedestrians and joggers that currently use
the willow Street bridge will definitely use the new crossing
rather than deal with the automobiles. Most bicyclists will
also want to use this path rather than the willow Street
bridge. Currently there are bicycle lanes along Bonita Road.
In conjunction with this project the City will be placing
bicycle lanes on willow Street between Bonita Road and the
proposed path.
Cmji/teaapp)
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ASSURANCES
CommrtmenVPrior Commrtment:
'Has the ifr9lementlng agency or project sponsor certified that rt is willing and able to maintain and operate the project?
il Ves
o No
Please describe the best evidence of the cert~ication available. If none is available, when can one be provided?
Project sponsor possesses legal authority to nominate transportation enhancement activity and to finance, acquire, and construct the proposed
project; and by formal action (e.g., a resolution) the sponsoring agency's governing body authorizes the nomination of the transportation
enhancement activity, including all undenstanding and assurances contained therein, and authorizes the penson idant~ied as the official
representative of the sponsor to act in connection wrth the nomination and to provide such addrtional information as may be required.
Project sponsor will maintain and operate the property acquired, developed, rehabilrtated, or restored wrth the funds for the I~e of the resurtant
facility(ies) or activity. Wrth the approval of the Cal~ornia Department of Transportation, the applicant or rts successors in interest in the property
may transfer the responsibility to maintain and operate the property.
Project sponsor will give the California Department of Transportation's representative access to and the right to examine all records, books,
papers. or documents related to the transportation enhancement activrty .
Project sponsor Will cause work on the prolect to be commenced wrthin a reasonable time after receipt of not~ication from the State that funds
have been spproved by the Federal Highway Administration and that the project will be carried to complehon with reasonable diligence.
Project sponsor will comply where applicable with provisions of the Califomia Environmental Qualrty Act, the National Environmental Policy Act.
the Americans wrth Disabilrtias Act, the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation. and any
other federal, state, andlor loeallaws, rules andlor regulahons. .
I certify that the information contained in this transportation enhancement activity nomination. including required attachments, is accurate and
that I have read and understand the ifr90rtam infomnation and agree to the assurances on this form.
Signed Date
(TEA Sponsor's Authorized Representative as shown In Resolution)
Printed (Name and nle)
Clifford L. Swanson
Deputy Public Works Director/City Engineer
....oPlC8llOfIForm
January 22, 1993
~ ""-18
Pege 5
Include thia page in each application.
City Of Chula Vista
Engin.e~;ng Oivision
Cost Estimate
ALTERNATIVE COUNTY
PROJECT TITLE:
BICYCLE/JOGGING TRAIL
NO.
ITEM
QUANTITY UNIT UNIT PRICE
1 Excavation and Embankment
2 Clea~ing and G~ubbing
3 60" D,a. Re'nfo~ced Cone. Pipe
4 ~~g Type Headwall SDRSD D-35
56Ft. H,gh Chain Link Fence
6 Asohalt Conc~ete Paving
7 Decomposed G~anite
8 Demountable Posts
9 R,p-Rap
10 10ft. x 8ft. Pedest~ian B~idge
11. Soi 1 Import
12 Redwood Heade~
1~ 18" Re,nf. Cone. P'pe
14 Re,,..f. Cone. Hedwall
15 Co~struct'on SurveY1ng
14 Revegetat,on of Wetlands+Maint
15 Kequlreo m1t1gation measures
1
1
224
3
1102
85
280
6
20
1
1500
1
22
2
1
1
1
.1.,.5.
L.S.
L.F.
Each
L.F
Tons
Tons
Each
Cu. Yd
Each
Cu. Yd
L.S
L.F
Each
L.S
L.S
L.S
Fil.:AS-006
Dete:9-23-92
P~.pa~.d By:
Checked By:
$15,000.00
$10,000.00
$190.00
$2,500.00
$15.00
$70.00
$9.50
$86.00
$100.00
$45,000.00
$30.00
$4,500.00
$60.00
$200.00
$2,000.00
$36,180.00
$18,090.00
Subtotal
Engineer,ng
Const~uction staff
Envi,..onmental
TOTAL
~ "'...2--1
A.C.
S.A.
AMOUNT
$15,000.00
$10,000.00
$42,560.00
$7,500.00
$16,530.00
$5,950.00
$2,660.00
$516.00
$2,000.00
$45,000.00
$45,000.00
$4,500.00
$1,320.00
$400.00
$2,000.00
$36,180.00
$18,090.00
$255,206.00
$45,000.00
$12,760.30
$5,000.00
$317,966.30
.>"
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FUTURE
PROPOSED BICYCLE/JOGGING TRAIL
..,""""~
DRAWN BY: M J I
PROJECT TITLE
CONSTRUCTION OF
BICYCLE/JOGGING TRAIL
DATE: 3 / 5 / e 3
ALONG WLLOW STREET AND SWEETWATER ROAD
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The dejJV.ment has 30 days from date of
.... ~iPt~a completed application in which
"0 t6..aIe its recommenClations_ This time
period not begin until the departmenl
,; ~ _'he a. ppropriate fee (see attached
'.g.~le)
T.H.P. No.
Notification No,
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7 ~ Received
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Sf ATE OF CALIFOllNIA
THE RESOUllCES ACENCY
DEPARTMENT. OF FlSH AND CAME
NOTIFICATION OJ' REMOVAL OF MATERIALS AND/OR ALTERATION
OF LAKE, RIVER, OR STREAMBED BOlTOM, OR MARGIN
A. APPLICANT Pursuant to Sections 1601-1607 of the California Fish and Game Code
I, l(l~'; ~(lr:S~ CITY ~~':::S~~t of 270 FO(lJ.m;J .1.Y~ VI~T.~ C~ Q]Q1C'
Representing
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'Name act oIlndividual. ApIJC)', Campu:y, etc owDiD& prqJerty ordoina 'It'OI'l
Hereby notify the California Department of Fish and Game of operations to be carried out by or for me
from
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to
MARCH 30, ]~o.t.
County, tributary to &vEr'NATER
on or affecting
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Located
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Co. Assessor's Parcel No.
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Property owners name and address (if different from applicant)
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Name of Person to Be Contacted at Site During Operations
is responsible for operations at the site.
He/she can be reached at
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B. Description of operation 1. The nature of said operations will be as follows:
Check all squares which apply.
o Soil. sand. gravel. and/or boulder removal or displacement
o \\,'ater diversion or impoundment
o Mining--<>ther than aggregate removal
O.Road or bridge construction
o "Levee or channel construction
2. TyPe of material removed, displaced or added ijlxSoil 0 Sand 0 Gravel 0 Boulders
Volume
3. Equipment t;, k ~Sed iri'th~ described site :JT;I:::'A>:: <r-::3Tf.l!C'fI.'.'!: ~o;;n" ;E:IT
4. Use of water (i.e., domestic, irrigation, gravel, washing. etc. - N': A Quantity
t .1J'ticplbe type and density of vegetation to be affected, and estimate area involved.
(!.~-r~ ').r ,4:rtHrDIjA '-'vtl:u~d~ 0.05 a~r9 (If fresRvat.er BlaFe],. O.G] aere ef
6. What actions are proposed to protect fish and wildlife resources and/or mitigate for project impacts?
o Timber harvesting or any related activity required for harvesting timber
o Temporary, recreational or irrigation dam
Cl Fill or spoil in bed, bank, or channel
D Other-Describe below
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7a. Does project have a local or state lead agency orrequireother permits? q Yes 0 No
7b. If 7a answer is yes. please attach or identify any available environmental document
7c. For state-designated wild and scenic rivers, a determination of the project's consistency with the California Wild and Scenic Rivers Act
must be made by the Secretary for Resources. Until the Secretary determines the project is consistent with the Act, the Department
cannot issue a valid agreement. A tentative agreement will be issued, conditioned upon a finding of consistency by the Resources
Secretary. .
7d. THIS AGREEMENT IS NOT INTENDED AS AN APPROVAL OF A PROJECT OR OF SPECIFIC PROJECT FEATURES BY
THE DEPARTMENT OF FISH AND GAME. INDEPENDENT REVIEW AND RECOMMENDATIONS WILL BE
PROVIDED BY THE DEPARTMENT AS APPROPRIATE ON THOSE PROJECTS WHERE LOCAL, STATE, OR FEDERAL
PERMITS OR OTHER ENVIRONMENTAL REPORTS ARE REQUIRED.
8. Briefly describe proposed construction methods. Attach diagram or sIc,etch of the location ,;,f you~,oP.!'ration to d~ly indicate t~e strea!"
or other water and access and distance from named pubhc road. Indicate locked gates Wlth an X. Show existing features Wlth a sohd
line ( ) and proposed features with a broken line (- - - - - - -). Show compass direction. Attach larger sCale map if necessary.
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C1TY Et\G!!\EER FOR JOH!: GO~S
ADDENDUM TO NEGATIVE DECLARATION IS-91-39
BICYCLE/JOGGING TRAIL, CHULA VISTA GOLF COURSE
PROJECT NAME: Bicycle/Jogging Trail in the Chula Vista Municipal Golf Course
PROJECT LOCATION: Adjacent to Sweetwater Road and Willow Street
ASSESSOR'S PARCEL NO. 593-240-24
PROJECT APPLICANT: City of Chula Vista, Engineering Division
CASE NO: 15-91-39
DATE: May 12, 1992
I. INTRODUCTION
The environmental review procedures of the City of Chula
Environmental Review Coordinator (ERC) to prepare an
Negative Declaration or Environmental Impact Report,
following conditions is present:
1. The mi nor changes in the project des ign whi ch have occurred since
completion of the Final EIR or Negative Declaration have not created
any new significant environmental impacts not previously addressed in
the Final EIR or Negative Declaration;
Vista allow the
addendum to a
if one of the
2. Additional or refined environmental data available since completion
of the Final EIR does not indicate any new significant environmental
impacts not previously addressed in the Final EIR or Negative
Declaration; and
3. Additional or refined information available since completion of the
Final EIR or Negative Declaration regarding the potential
envi ronmenta 1 impact of the project, or regardi ng the measures or
alternatives available to mitigate potential environmental effects of
the project, does not show that the project wi 11 have one or more
significant impacts which were not previously addressed in the Final
EIR or Negative Declaration.
This addendum has been prepared in order to provide additional information
and analysis concerning the revised project design. As a result of this
analysis, the basic conclusions of the Negative Declaration have not
changed. Drainage, noise, traffic, visual impacts, and geology/soils
impacts are deemed to be less than significant for the proposed project.
Biology impacts are deemed significant but mitigable.
Therefore, in accordance with Section 15164 of the CEQA Guidelines, the
City has prepared the following addendum to the Negative Declaration for
the Bicycle/Jogging Trail (IS-91-39).
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A. Proiect Settina
The proposed project site is a 2-acre parcel within the Chula Vista
Municipal Golf Course adjacent to the east side of Sweetwater Road and
Willow Street. The Sweetwater River runs through the project site. A
portion of the project site is in a partially natural state. Adjacent
land uses include the Chula Vista Municipal Golf Course to the east,
Willow Street and the Sweetwater Regional Park to the west, Sweetwater
Road and single-family residences to the north, and cOlllllercial buildings
to the south.
B. Proiect Descriotion
An Initial Study (IS-91-39) was completed and a Mitigated Negative
Declaration was issued on October 23, 1991. Since that time, minor
changes to the project design occurred.
The proposed project des ign still i nvol ves the construction of a 14-foot
wide asphalt concrete/decomposed granite jogging and bicycle trail.
However, the new al ignment will have less impact to the wetlands which
occur in the drainage that parallels Sweetwater Road. A six-foot high
cha i n 1 ink fence to the east s ide of the trail wi 11. separate the tra i 1
from the golf course. An a-foot wide prefabricated bridge will be
installed over the Sweetwater River. The bridge will be of a similar
design to the existin: bridges currently located throughout the golf
course.
On the northeastern side of the trail, a 60-inch RCP pipe will be
installed in an existing dirt channel to increase the drainage efficiency
of the golf course. Approximately 1,100 cubic yards of fill will be
placed in the channel.
C. Identification of Environmental Effects
The Chula Vista Environmental Review Coordinator determined that the
proposed project redesign will not have additional significant
environmental effects.
Drainage, noise, traffic, visual and geology/soils impacts identified in
the previous initial study are still deemed to be less than significant
and will not requirn mitigation. Biological impacts are till potentially
significart and ar required to be mitigated to a l! ' of less than
significant. A ( :ussion of each of the potent Iy significant
biological impacts T om the proposed project follows.
Bioloaical Imoacts
A biological assessment of botanical and zoological resources was
conducted on the project site by Pacific Southwest Biological Services in
July 1991. Particular attention was given to the wetland vegetation which
occurs within the drainage swale illlllediately adjacent to the site along
the Sweetwater River.
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The biological survey identified three vegetation types along the project
site: southern willow scrub, freshwater marsh, and disturbed/golf course.
No sensitive plant species were found within the study area. Although the
native flora on site is diverse, much of the wetland habitat is extremely
disturbed and dominated by non-native elements. Additionally, the
scattered distribution of the willows and the removal and/or degradation
of understory vegetation has decreased the vegetative and structo1o al
diversity of the woodland.
The site's wil dl He value has been degraded through 1 imited area extent,
the close proximity to human activity, and invasion by non-native
species. No sensitive vertebrates were detected along the proposed
trail. Sensitive bird species which have been observed in the area
include the Yellow-breasted Chat, the Yellow Warbler, and the Least Bell's
Vireo. However, the wetlands along the proposed trail lack sufficient
quality to support breeding activities of wetland species requiring high
quality wetland habitat. Significant impacts to these species as a result
of the proposed project are not anticipated.
New Alternative AliQnment
The proposed project redesign will result in the loss of approximately
0.10 acre of disturbed wetland vegetation, including several Arroyo
Willows on the north side of the drainage along Sweetwater Road, as
originally identified in the July 24, 1991 biological assessment.
Potential impacts to the wetland habitat within the project area are not
considered to be significant due to the small size and lack of biological
integrity of the wetlands impacted. In addition, impacts to the wetland
and the northeastern port i on of the project site wi 11 be further 1 imi ted
by install ing the pre-fabricated bridge where a drainage pipe already
exists.
The latest alignment incorporated the recommendations of the biological
study by reducing impacts by utilizing the more direct crossing of the
drainage.
A Streambed Alteration Agreement will be required in accordance with
Section 1601 of the California Fish and Game Code. An Army Corps of
Engineers Section 404 nationwide Permit will also be reqUired for impacts
to the wetlands on site.
D. MitiQation Necessarv to Avoid SiQnificant Effects
BioloQical MitiQation
1. The City Engineering Department shall comply with all requirements of
the California Fish and Game Streambed Alteration Agreement, as well
as the requirements for a Mitigation Plan recollll1ended by Fish and
Game for on site revegetation and planting.
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2. The City Engineering Department shall comply with all requirements of
the Army Corps of Engineers nationwide 404 Permit.
3. During construction of the trail, native wetland vegetation should
not be removed or disturbed except where allowed by California
Department of Fish and Game agreement. Native wetland vegetation
should be allowed to recover.
E. References
Pacific Southwest Biological Services, "Report of a Biological Assessment
of the Proposed Chula Vista Bike Trail", July 24, 1991.
Pacific Southwest Biological Services, "Letter Report on the Chula Vista
Bike Trail", June 12, 1991.
WPC 0389p
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negative declaration
AS-006
PROJECT NAME: ~icycle/Jogging Trail in the Chula Vista Municipal Golf Course
PROJECT LOCATION: Adjacent to Sweetwater Road and Willow Street
ASSESSOR'S PARCEL NO. 593-240-24
PROJECT APPLICANT: City of Chula Vista, Engineering Division
CASE NO: IS-91-39
DATE: August"14, 1991
A. Proiect Setting
The proposed prDject site is a 2-acre parcel within the Chula Vista
Municipal Golf Course adjacent to the east side of Sweetwater Road and
Willow Street. The Sweetwater River runs through the project site. A
portion of the project site is in a partially natural state, however, the
project would not remove any trees from the site. Adjacent land uses
include the Chula Vista Municipal Golf Course to the east, Willow Street
and the Sweetwater Regional Park to the west, Sweetwater Road and
single-family residences to the north, and conmercial buildings to the
south.
B. Proiect Descriotion
The proposed project involves the construction of a 14-foot wide asphalt
concrete/decomposed granite jogging and bicycle trail. A six-foot high
chain 1 ink fence to the east side of the trail will separate the trail
from the golf course. At the northern end of the project site, before
reaching the Sweetwater River, the trail splits, with the bicycle trail
cont i nui ng to the north, and the jogging trai 1 curving off to the east
along the edge of the golf cours~. \
The jogging trail will cross the river at the point where there is
currently a corrugated steel drainage pipe and where an 8~foot wide
prefabricated bridge will be installed. The bridge will be of a similar
design to the existing bridges currently located throughout the golf
course. On the northeastern side of the trail, a 60-inch RCP pipe will be
installed in an existing dirt channel to increase the drainage efficiency
of the golf course.
C. Comoatibilitv with Zonina and Plans
The proposed project is in conformance with the existing General Plan land
use designation of "Parks and Recreation" and conforms with the County
agricultural zoning.
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city of chul. viII. pl.nnlng dep.rtment 01Y Of
environment., ..vie. ..Cllon CHULA VISTA
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D. Comoliance with the Threshold/Standards Policv
1. Fire/EMS
The Threshold/Standards Policy requires that fire and lledical units
must be able to respond to calls within 7 .inutes or less in 85' of
the cases and within 5 minutes cr less in 75' of the cases. The City
of Chul a Vista has indicated that this threshold standard wll 1 be
lllet, since the nearest fire station is 1/2 .11e away and would be
associated with a 3-1/2 minute response tillle. The proposed project
will comply with this Threshold PoliCY.
The Fire Department has indicated that it can provide an adequate
level of service to the site. This area is covered by an auto-aid
contract with the Bonita Fire Department.
2. Police
The Threshold/Standards Policy requires that police units must
respond to 84' of Priority I calls within 7 lIinutes or less and
maintain an average response time to all Priority 1 calls of 4.5
minutes or less. Police units must respond to 62.1~ of Priority 2
calls within 7 minutes or less and maintain an average response time
to all Priority 2 calls of 7 minutes or less. The proposed project
will comply with this Threshold Policy.
The Police Department has indicated police service will be provided
to this area within the threshold standards.
3. Traffic
The Threshold/Standards Policy requires that all intersections must
operate at a Level of Service (LOS) "C" or better, with the exception
that Level of Service (LOS) "D" may occur during the peak two hours
of the day at signalized intersections. Intersections west of I-80S
are not to operate at a LOS below their 1987 LOS. No intersection
may reach LOS "F" during the average weekday peak hour.
Intersections of arterials with freeway ramps are exempted from this
policy. The proposed project will comply with this Threshold Policy.
The proposed bicycle/jogging trall will have .inillal traffic impacts
during construction and will have no long-term traffic impacts.
Thus, the project is considered to be in conformance with the Policy.
4. Parks/Recreation
The Threshold/Standards Policy for Parks and Recreation is 3
acres/I,OOO population.
This Threshold/Standard Policy only applies to residential projects,
thus the proposed project is exempt from this standard.
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5. Drainage
The Threshold/Standards Policy requires that storm water flows and
volumes not exceed City Engineer Standards. Individual projects will
provide necessary improvements consistent with the Drainage Master
Plan(s) and City Engineering Standards. The proposed project will
comply .~th this Threshold Policy.
The Engineering Department has determined that the existing off-site
drainage facilities are adequate to serve the proposed project. The
project will install improved on-site drainage facilities, thus
implementing the Policy.
6. Sewer
The Threshold/Standards Policy requires that sewage flows and volumes
shall not exceed City Engineering Standards. Individual projects
will provide necessary improvements consistent with Sewer Master
Plan(s) and City Engineering Standards. The proposed project will
comply with this Threshold Policy.
The proposed project will not generate any sewage and will not have
any impacts on this Policy.
7. Water
The Threshold/Standards Policy requires that adequate storage,
treatment, and transmission facilities are constructed concurrently
with planned growth and ,that water quality standards are not
jeopardized during growth and construction. The proposed project
will comply with this Threshold Policy.
Due to recent drought conditions, as a condition of project approval,
the applicant must agree to no net increase in water consumption or
participate in whatever water conservation or fee off-set program the
City of Chula Vista has in effect at the time of building permit
issuance.
No water services are necessary for this project; therefore, there
would be no increase in water demand. The proposed project is in
conformance with this Threshold/Standards policy.
E. Identification of Environmental Effects
An initial study conducted by the City of Chula Vista determined that the
proposed project could have one or IIOre significant environmental
effects. Subsequent ,revisions in the project design have implemented
specific mitigation lllE!asures to reduce these effects to a level of less
than significant.
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The project, as revised, now avoids or .itigates the potentially
significant environmental effects previously identified, and the
preparation of an Environmental Impact Report will not be required. A
Mitigated Negative Declaration has been prepared in accordance with
Section 15070 of the State CEQA Guidelines. Specific .itigation ..asures
have also been set forth in the Mitigation Monitoring Program which is
attached as Addendum WA". .
Drainage, noise, traffic, visual impacts and geology/soils impacts
identified in the initial study are deemed to be less than significant and
will not require mitigation. Biological illlPacts have been determined to
be potentially significant and are required to be mitigated to a level of
less than significant. A discussion of each of these impacts from the
proposed project follows.
LESS THAN SIGNIFICANT IMPACTS
Drainaae
The project area is within the 100-year floodplain boundary of the
Sweetwater River and is subject to flooding hazards. The proposed project
involves the installation of drainage improvements which may provide for
more efficient drainage and alleviate potential flooding hazards.
Therefore, the drainage impacts identified on the initial study have been
deemed to be less than significant.
~
The proposed project would be associated with potential noise impacts
during the construction phase of the project. Noise impacts would result
from the use of earth moving equipment which can range up to 70 dB(A) and
above for backhoes and concrete pavers.
Although trail construction activities would represent a temporary
significant impact on ambient noise levels, they would be short-term and
temporary, would terminate upon completion of the project, and would be
limited to daytime hours. Therefore, noise impacts are deemed to be less
than significant.
Traffic
The pr~posed project would be associated with a temporary increase in
construction truck traffic generated during the construction phase of the
project. Traffic impacts would be short-term and temporary, however, and
are deemed to be less than significant.
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Vfsua1 ImDacts
The proposed project involves the construction of an asphalt concrete/
decomposed granite jogging trail and the installation of a prefabricated
bridge. The trail is designed to connect with a larger network of bicycle
trails proposed in the area, and the bridge is of a type and sort found
throu~hout the golf course. The trail design is such that it will have a
.inimal impact on the surrounding wetland vegetation and will be required
to comply with Department of Fish and Game standards. No trees w111 be
removed with the proposed project. With compliance to the conditions of
project approval, visual quality impacts are deemed to be less than
significant.
Geoloav/Soils
The Engineering Departme~t has indicated that potentially significant,
adverse soils conditions may exist within the project area, due to the
presence of alluvial soils and the potential for l1quification.
Geology/Soil s impacts will be reduced by adherence to the geotechnical
recommendations set forth in the geotechnical report that must be prepared
as a condition of project approval.
SIGNIFICANT, BUT MITIGABLE IMPACTS
Bioloav
A biological assessment of botanical and zoological resources .was
conducted on the project site by Pacific Southwest Biological Services
(July 1991). Particular attention was given to the wetland vegetation
which occurs within the drainage swale illlllediately adjacent to the site
along the Sweetwater River.
The biological survey identified three vegetation types along the project
site: southern willow scrub, freshwater marsh, and disturbed/golf course.
No sensitive plant species were found within the study area. Although the
native flora on site is diverse, much of the wetland habitat is extremely
disturbed and dominated by non-native elements. Additionally, the
scattered distribution of the willows and the removal and/or degradation
of understory vegetation has decreased the vegetative and structural
diversity of the woodland. .
The site's wildlife value has been degraded through limited areal extent,
the close proximity to human activity, and invasion by non-native
species. ~o sensitive vertebrates were detected along the proposed
trail. Sensitive bird species which have been observed in the area
include the Yellow-breasted Chat, the Yellow Warbler, and the least Bell's
Vireo. However, the .wetlands along the proposed trail lack .sufficient
qual ity to support breeding activities of wetland species requiring high
quality wetland habitat. Significant impacts to these species as a result
of the proposed project are not anticipated.
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Potential illpacts to the wetland habitat within the project area are not
considered to be significant due to th slla11 ize and lack of bi
in it of the wetlands im act n a ition, .pac s 0 e wetland
and the nor e e n por on 0 the project site will be further limited
by installing the re-fabricated bridge where a drainage pipe already
exists. A 5treambe Alteration Agreement will be required in accordance
ection 1601 of the California Fish a~J Same Code. An Army Corps of
Engineers Section 404 nationwide Permit will also be required for impacts
to the wetlands on site.
F. Mitiaation Necessary to Avoid Sianificant [ffects
Bioloaical Mitiaation
1. The City Engineering Department shall comply with all requirements of
the California Fish and Game Streambed Alteration Agreement, as well
IS, any other requirements recommended by Fish and Game for on site
revegetation and planting plans.
2. The City Engineering Department shall comply with all requirements of
the Army Corps of Engineers nationwide 404 Permit.
3. During construction of the trail, native wetland vegetation should
not be removed or disturbed except where allowed by California
Department of Fish and Game agreement. Native wetland vegetation
should be allowed to recover.
G. Findings of Insignificant Imoact
Based on the following findings, it is determined that the project
described above will not have a significant environmental impact and no
environmental impact report needs to be prepared.
1. The project has the potential to substantially degrade the quality of
the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eli.inate a plant or ani.al
cOllllunity, i'educe the nu.ber or restrict the range of a rare or
endangered plant or ani.al t or eli.inate 111portant eXUlples of the
~or periods of California history or prehistory.
The project does not have the potential to Significantly degrade the
quality of the environment or threaten a fish or wildlife population.
The project will not adversely impact rare or endangered plant or
animal species, IS indicated in the biological survey conducted for
the project. No cultural or historical resources will be impacted by
the proposed project.
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2. The project has the potenthl to achieve short-te... enviro....ntal
goals to the disadvantage of long-te... envi~ntal goals.
The project does not have the potential to achieve short-term
environmental goals to the disadvantage of long-term environmental
goals. The project is consistent with the uses of surrounding
properties. Complianca with the California Fish and Game 1601 Permit
and the A~ Corps of Engineers 404 Permit will ensure that long-term
environmental goals are not compromised.
3. The project has possible effects .tIich are individually 11.1ted but
clDUlatively considerable. As used in the subsection, .c.ulatively
considerable- _ans that the incre.ental effects of an individual
project are considerable .tIen viewed in connection with the effects
of past projects, the effects of other current projects, and the
effects of probable future projects.
The proposed bicycle/jogging trail will not result in any significant
adverse environmental effects which are cumulative in nature. The
project does not have the potential to induce significant growth in
the community, and it falls within the limits of the General Plan.
The project will also increase drainage efficiency and reduce
flooding hazards.
4. The environ.ental effects of a project will cause substantial adverse
effects on human beings, either directly or indirectly.
The environmental effects of the project will not cause substantial
adverse effects on human beings, either directly or indirectly. The
potential adverse impacts from construction activity would be
temporary and short-term. The project may have the beneficial effect
of increasing the public safety by providing an alternative route for
a jogging/bicycle trail for pedestrians.
H. Consultation
1. Individuals and Oraanizations
City of Chula Vista: Roger Daoust, Engineering
John lippitt, Engineering
Cliff Swanson, Engineering
Hal Rosenberg, Engineering
Bob Sennett, Planning
Ken larsen, Director of Building and Housing
Carol Gave, Fire Marshal.
Captain Ke1th Hawkins, Police Department
Shauna Stokes, Parks and Recreation Department
Diana lilly, Plann1ng
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Chula Vista City School District: Kate Shurson
Sweetwater Union High School District: Tom Silva
Applicant's Agent: City of Chula Vista
Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
2. Documents
'Title 19, Chula Vista Municipal Code
General Plan, City of Chula Vista
3. Initial Studv
This environmental determination is based on the attached Initial
Study as well as any comments on the Initial Study and the Mitigated
Negative Declaration. Further information regarding the
environmental review of the project is available from the Chula Vista
Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010.
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ENVIRONMENTAL REVIEW COORDINATOR
EN 6 (Rev. 12/90)
WPC 9371P
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ADDENDUM I A'
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Mitiaation Monitorina Proaram
Bicycle/Jogging Trail Project
IS-91-39
This Mitigation Monitoring Program is prepared for the Bicycle/Jogging Trail
Project, in order to comply with AB 3180. This legislation requires public
agencies to ensure that adequate .itigation leasures are iaplemented and
monitored on mitigated negative declarations, such as IS-91-39.
AS 3180 requires monitoring of potentially significant and/or significant
environmental impacts. The mitigation monitoring program for the Naples
Street Project ensures adequate implementation of mitigation for the following
potentially significant impacts:
Biology
Due to the nature of the environmental issues identified, the Mitigation
Compl fance Coordinator (MCt) shall be the Environmental Review Coordinator
(ERC) for the City of Chula Vista. It shall be the responsibility of the City
Engineering Department to ensure that the conditions of the Mitigation
Monitoring Program are met to the satisfaction of the ERC.
Bioloaical Mitiaation
The proposed project is associated with potentially significant biology
impacts on site. Mitigation of Potentially Significant Biology Impacts will
be ensured through the following measures:
1. The City Engineering Department shall comply with all requirements of the
California Fish and Game 1601 Streambed Alteration Agreement, as well as,
any other requirements recommended by Fish and Game for on site
revegetation and planting plans.
2. The City Engineering Department shall comply with all requirements of the
Army Corps of Engineers nationwide 404 Permit.
3. During construction of the trail, nature wetland vegetation should not be
removed or disturbed except where allowed by California Department of
Fish and Game agreement. Native wetland vegetation should be allowed to
recover.
IiPC 9662P
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Tl'llnsportation Enhancamant Activities (TEA) Application form
GENERAL INFORMATION
':\:l:.2.L v ~ar Proposed
Proposal has srtes in more than one RTPA.
Proposal is entirely wrthin the RTPA.
Proposal is statewide or murti-regional in acope, and has no geographic 'home'.
TEA PROJECT NAME:
PROJ ECT SPONSOR (Agency -- Address - ZIP Code--Phone)
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5021
Insen Figures In cUlTent year dollars.
TEA PORTION OF PROJECT S 152,240
NON-FEDERAL MATCH :"QURCE) S 20.760
TOTAL PROJECT COST S 173.000
o TEA is a stand-alone project.
o TEA is an of alar er ro'ect.
Proposed transportation enhancement activity will be scored in lllll of the following divisions. Fill out and include the page indicated:
Gll ,. Bicycle, Pedestrian, Abandoned Rail Right of Way (Page 4a ) 0 3. Transportation Aesthetics and ScenIC Values (Page 40.)
o 2. Historic/Archaeological (Page 4b.) 0 4. Water Pollution Due to Highway Runoff. (Page 4d.)
Transponatlon Enhancement ActiVity ProJeet Representative
(Name. tnle. phone)
Person with day,to-day respons,b,lny for proJeet (rt different from
project representatIVe) (Name. title. phone)
Shale
Civj
(6lS
Hanson
Engineer
691-5114
BRIEF DESCRIPTION OF PROPOS:D TRANSPO~"'ATION ENHANCEMENT ACTIVITIES (not to exceed 60 words)
The project will provide much needed sidewalk along both sides of Third
Avenue between Orange Avenue "nd Main Street. This' 'dewalk, along with
associated curb and gutter, will be a great enhance~. . to the neighborhood.
FEDERAL ENVIRONMENTAL CLEARANCE FOR TEA PROJE. (cheek propos'. .: 'ype end status.)
Type:
Stalus:
_N.tiv. Oed.rabOn _Categorical ExemptIOn
_Complete _In Progress
_Environmental Impact Statement
Anticipated Completion Date _Not Started
Project will be exempt.
Name of Lead Agency Ci tv of Chula Vis t c.
AppI~For""
January 22. 1993
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Page 1
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/
INFORMATION REQUIRED TO ADDRESS
SCREENING CRITERIA
.
ff any of tne applicable scraenlng eriteria below are not met, tne proposal will not be ranlead or evaluated any furtner. A "no" answer to anv of tn.
followino oUl!stion.s im~diat~lv disouRirlies 'hI! orQcosal:
1. Is tne project eligible for Transportation Ennancements funding:
m Yes
o No
a.. RELATIONSHIP TO INTERMODAl TRANSPORTATION SYSTEM -L.Function _Proximity Impact
Bnefly explain dITect relationShip to transportation system. (How does tn. proposed activity ennancellle transportation system?)
The ro osed sidewalks will provide pedestrian connections within the community
and im roved access to the businesses along Third Avenue.
b. OVER AND ABOVE NORMAL PROJECT a Yes 0 No
(If tna activity is mentioned in an enwonmantal document as a required mitigation, or it tne activity is required by permitting agencies to
proceed witn anotner project, tnis actIVity is not over and above a "normal" project.) .
c. WHICH CATEGORY OR CATEGORIES ENCOMPASS THE TEA? (May be more tnan one.)
-X...- 1. Provision of facilities for pedestrians and bicycles. _6. Rehabilitation and operation of nistoric transportation
buildings, structures or facilities (including nistoric r..iroad
facilities and canals).
_2. Acquisition of sceniC easements and scenic or nistoric
sites.
_3. Scenic or nistonc hlgnway programs.
_7.
Preservation of abandoned railway corridors (including tne
conversion and use tnereof for pedestrian or bicycle trails).
Controi and removal of outdoor advartlSing.
Arcnaeological planning end researcn.
Mitigation of water pOllution due to nignway runoff.
_4 Landscaping and other scenoe beautillcation.
_6.
_9.
_'0.
_5. Historic preservation.
2. Is tne prOlect conSistent (or "not inconsistent") wnn federal. state, regional or local land use and regional transportation plans. goals end
policies? 0 Yes 0 No
Please describe the plans used in evaluating consistency:
Yes, this project is consistent with all local land use and transportation plans.
3. Is tne project financially Viable? EJ Yes 0 No
(Tne governing body will be reqUITed to submit a resolution to tnis effect if tne project is selected by tne Regional Transportation Planning
Agency.)
4. Is tnis project well-defined. well-justilied. and ready-to-go in tne year proposed? rn Yes 0 No
Piease describe any eVidence supporting tnls statement. The City is prepared
to desi n and construct this ro'ect in Fiscal Year 93-94 if funding becomes available.
S. Does tne prOject improve aIT quality or does it nave a neutral air quality impact?
Please describe any evidence supporting this conclusion.
This non-motorized facility would encourage people to walk instead of drive.
Ii Yes
o No
6. Is tne proJact as proposed in compll8nce witn tne Americans witn Disabilities Act?
Wnat avidance is tnere to support tnis ciaim? (Please Describe)
The ro'ect will com I with all ADA re uirements and be accessable to all.
OJ Yes
o No
o Not APplicable
7_ For archaeology and nistoric preservallon projects, is tne proposal in compliance witn tne Secretary of tna Interior's Standards and
Guidelines for Arcnaeological and Historic Praservation? 0 Yes 0 No [! Not APplicable
Please describe any evidence evailable to support tnis ciaim.
"--ICOl FOf~
January 22, 1993
c - J.. "I-tl<<
Page 2
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INFORMATION REQUIRED TO ADDRESS
SCORING CRITERIA
1. R.oiona' and Communttv I;:nhane.ment (Maximum 50 points)
Please explain the activity's primary eff.cts . ns int.nt and purpose. on the following .Iements:
a. How do.s the proj.ct improve ov.rall quality-of.I~., community, an()'or .nvironment ? (10 points)
It will replace unsightly dirt shoulders and old AC berm with new sidewalk, curb and gutter.
~. D.scrib. how the activity ;~craaSls acc.ss to activity c.nt.rs. such as busin.ss.s, schools. rec..ational ar... and shopping ar.as.
Do.s the propos.d proj.ct connect transportation modes. to: does the activity have oth.r mu~i-modal aspects? DOIs the proj.ct
r.inforc. or complement the r.gional transportation syst.m, or fill a defici.ncy in the syst.m? (Maximum 8 points)
The sidewalk will provide improved access to the businesses and residences along
Thirn Avp.nnp. ~nd prnvinp ~onnp~tiong with other sidewalks.
c. D.scribe how activity impl.ments goals in the r.gional transportation plan, or other adopted f.d.ral, stat., or local plans. (Max. 8
points) This project will implement the City's goal of providing sidewalk along all
public streets.
c. Please explain the degree to wn.ch the project increases availability or awareness of histone. community, visual or natural resources.
,MaximumS pOints) This project will greatly improve the character of the community and
provide needed access and safety for pedestrians.
e. Please describe eVidence of degree of regional or community suppM and summarize that suppon below.
The businesses, residents and schools in the community are very supportive
sidewalk~ alon~ Third Avenue.
(Maximum 8 points)
of having
:. H the project encompasses more than one of the activ~y-speclfic divisions. explain. (projects can score in only one of the activity.
Sp.cnlC diVisions below) (Maximum 8 points)
N/A
2. eo.t E:H~etivene..!Rel!lson.ble Cost (Maximum' 0 points)
What IS the anticipated life of the facility or product resulting from
thiS project In years? 2.L years.
What IS the total cap~al cost of the prOJect?
S ] 71.000
Please indicate where you believe the project falls. on the following
scale:
Please explain your answer. shOWing any calculations of benefits
in Icurrent] dollar terms.
Highly Cost-effectIVe
Re.sonable Cost or Moderately Cost-effective
Low Cost.effectiveness
Not Cost.el1ectivelNot Applicable
m
o
o
o
3. Proiect Need (5 points)
Are the enhancements proposed threatened. or will an opponun~y b. lost ~ the proj.ct is not funded?
Pi.... .xplaln the specifIC threats or opponunitles lost.
No enhancements will be made, if project is not funded.
o Ves
o No
4. Ae1ivitv.Soeclfic Enhancement Diviaiona (40 points) Proj.ct can 1C0re in only llllI of the following activ~y..peclfic divisions.
In wtllch category should this proposal be evaluated? Select only llllI:
Ii1l 1. Bicycle. Pedestrian, Abandoned Rail Right of Way
o 2. Historic/Archaeological
o
o
3. Transportation A.sth.tics and Sc.nic Values
4.' Water Pollution Due to Highway Runoff.
Ple..e answer questiona for the "Iected division. Only include that Diviaion palla in tha application.
.
.-.....
January 22. 1993
.Q3
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Page 3
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Division 1
1. Bicycle. Pedeatrian or Abandoned Rail Right-of.Way Propoaela:
eo What is the need lor the proposed activity? Please specify high. medium. or low and axplain your answar. For axa"..:>la. is thera a
shortage of pedestnan or bICYCle laclln,es available? Is there a missing link in connac:ting the intermode' system; how important is rt?
How necessary are new lacllltles setYIng the system? (Maximum 20 points)
This part of town has a shortage of sidewalks. Third Avenue is a major street in
the neighborhood and has a high need for sidewalks.
The high speed and volume of the traffic makes for a very unsafe pedestrian
route. The existing improvements (non-improvements) are not conducive to
pedestrians, thus limiting access in the neighborhood. This project will
go a long way toward providing the much needed sidewalks for this neighborhood
and replace the unsightly improvements.
b. How well does the proposal meet or address the opportunnies and/or needs lor bicycle or pedestrian lacilities? (Maximum 20 points)
This project will construct much needed sidewalks to the community, providing
access to businesses and connection to existing sidewalks on Orange Avenue
and Main Street. It will also enhance the community's image.
"PPkalion Form
January 22. 1993
~
1./..4/ ,
Page 4a
Include one division page in Iha application.
ASSURANCES
Comm~ment/Prior Comm~ment:
Has lhe implementing agency or project sponsor certified Ihat ~ is willing and able 10 maintain and oper81e Ihe projecl?
CI Ves
o No
Please describe the best evidence of Ihe cert~icallon available. If none is available, when can one be provided?
Project sponsor possesses legal authority 10 nomin81e transport81ion enhancement activity and to finance, acquire, and construct the propesed
project; and by formal action (e.g., a resolution) Ihe sponsoring agency's governing body authorizes the nomination of thetranapertation
enhancement activity, including all understanding and assurances contained therein, and authorizas the parson idant~ied as tha official
representative of Ihe sponsor to act in connection with Ihe nomination and 10 provide such add~ional information as may be required.
Project sponsor will maintain and operate the property acquired, developed, rahabil~aled, or restorad with the funds for the IKe of tha rasu~ant
facility(ies) or activity. W~h the approval of the Cal~ornia Department of Transportation, the applicant or ~s successors in Inlerest in Ihe property
may transfer the responsibility to maintain and operate Ihe property.
Project sponsor will give the California Department of Transportation's representative access to and the right 10 examine all records, beoks,
papers, or documents related to the Iransporlation enhancement activ~y .
Project sponsor will cause work on the project 10 be commenced within a reasonable time attar receipt of nolKication from the State Ihal funds
have been approved by the Federal Highway Administralion and Ihat the project will be carried to complelion with reasonable diligence.
Project sponsor will comply where applicable with provisions of Ihe Califomia Environmental aual~y Acl, the National Environmental Policy Acl,
the Americans wrth Disabllrtles Act, the Secretary of Ihe Interior's Slandards and Guidelines for Archeology and Historic Preservation, and any
other federal, stale, andlor lceallaws, rules andlor regulations.
I cerllly Ihalthe information conlalned in this Iransporlation enhancement aCllvity nomination, including required anachmenls, is accurale and
that I have read and understand Ihe import am information and agree to the assurances on this form.
Signed Dale
(TEA Sponsor's Authorized Represenlative as shown In Resolution)
Printed (Name and Tnla)
CLIFFORD L. SWANSON, DEPUTY PUBLIC WORKS DIRECTOR/
CITY ENGINEER
~_iOnForm
January 22, 1993
~-J .,...S~
Page 5
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CITY OF CHVLA VISTA.
ENGINEERING DIVISION
COST ESTIMATE
PROJECT TITLE: Sidewalk Safety Program -
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5 Re!,'catiCln of Street Lie-hts 8 EA 2,OXl,OO 16,000
6 Traffic ContrCl! LS LS 5,000.00 5,000
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ICONT]~GE~C]ES (:S""r) $34,450
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SAY $173.000
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COUNCIL AGENDA STATEMENT
SUPPLEMENTAL
ItemS
Meeting Date 3/30/93
ITEM TITLE: Resolution ',041 Reappropriating funds,
rescinding award of contract to Nelson Roofing Inc.
for "The Police Department building reroofing in
the city of Chula Vista, CA" and awarding contract
to the second low bidder, La Quinta Roofing, Inc.
SUBMITTED BY: Director of Public work~
REVIEWED BY: City Manage~ (4/5 Vote: Yes~No___)
At the March 23, 1993 city council meeting, this item was pulled
from the Consent Calendar to give Council some updated information
on this item. Due to the extensive agenda and late hour, this item
was carried over to this meeting. The purpose of this supplemental
agenda statement is to give the Council the new information that
would have been given verbally on March 23.
RECOMMENDATION: That the Council approve the resolution as
previously presented.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On Friday, March 19, at 9:30 a.m., subsequent to the preparation
and distribution of the agenda statement for the March 23 meeting,
Nelson Roofing brought in an acceptable insurance certificate.
Since the award of the contract to Nelson Roofing on February 9,
1993, city staff had been attempting to work with them to obtain a
liability insurance certificate acceptable under our
specifications. The minimum requirement for an insurance carrier
as expressed in the Regional Supplement to the Standard
Specification for Public Works Construction and adopted by the city
of Chula Vista, is a Best's rating of "A", class V or better and be
admitted or authorized to transact business in the State of
California. When Nelson Roofing submitted their original policy,
it was from a "B" rated carrier and, thus not acceptable and staff
so advised the contractor.
After several conversations with Engineering staff and the
Assistant city Attorney, in which we also advised them of carriers
that have previously submitted acceptable liability insurance
policies, staff was advised by Nelson Roofing's representative that
the timing was not financially advantageous for Nelson Roofing to
get a new carrier. Staff then sent a letter by certified mail
dated February 26, 1993, that they had 48 hours in which to submit
the proper insurance or proceedings would begin to rescind the
~ ~ I
page 2, Item .s
Meeting Date 3/30/93
award of the contract. The return receipt from the Post Office
indicated that Nelson Roofing received the letter on March 1, 1993.
Because we did not received the return receipt for several days,
staff sent another copy to Nelson Roofing which was received on
March 8. Attached is a copy of the letter sent to Nelson Roofing.
Staff then contacted La Quinta Roofing and they agreed to extend
their bid to May 8, 1993.
As indicated in the previous agenda statement, Nelson Roofing's bid
was for $24,389.00 and did not include a bid bond because it was
below the $25,000 amount at which a bid bond is required. La
Quinta Roofing's bid was $27,040.00, or $2, 651 above Nelson's bid.
La Quinta Roofing was the low bidder on the City's Loma Verde
Recreation Center reroofing contract and was awarded that contract.
There are four alternatives available since Nelson has sent in an
acceptable policy. The first is to accept the policy and leave the
award with Nelson Roofing. The second is to rescind the award of
the contract and rebid the project. The third is to award the
contract to the second low bidder, La Quinta Roof ing Co. The
fourth is to negotiate with La Quinta Roofing to award the bid to
them if they will meet the low bidders cost, otherwise readvertise.
Staff does not recommend the first alternative because of the lack
of cooperation that staff received from Nelson's representatives,
and the extreme lateness in receiving the certificate, well beyond
the ten days given in the specifications for submitting all
documents. The second alternative is also not recommended because
of the delay in completing the project and cost to readvertise and
go through the entire bid process a second time. Likewise, the
fourth alternative is not recommended because La Quinta Roofing
originally calculated their costs and put them forward in a public
bid, and then extended their bid in good faith. If we then asked
them to reduce their costs in order to have the project awarded to
them appears to not be an act in good faith on our part and could
possibly present problems with other contractors.
Staff still recommends that the bid be rescinded and awarded to the
second low bidder in spite of the additional contract cost. Staff
believes that, while we try and work with contractors, the time to
submit the insurance certificate in this instance was too far
beyond the deadlines to be acceptable. The city has developed the
requirements in the specifications for particular reasons and needs
to enforce them to make them effective. The amount of time spent
by staff to try to get compliance with the specifications in this
case was extensive and costly and taking the recommended action
will send a clear signal to the contracting community that they
need to comply with our requirements.
FISCAL IMPACT:
The additional cost to the city to award the
f: ~ 2...
Page 3, Item S
Meeting Date 3/30/93
contract to La Quinta Roofing is $2, 651. The additional cost to
the project if we were to readvertise would be between $1,000 an
$1,200 for notices and staff time at the full cost recovery rate.
CLS:(CLS:C:NELSON.A13)
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CllY OF
CHULA VISTA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
February 26, 1993
File # JR-065
PS-122
Nelson Roofing, Inc.
Robert R3dfearn, President
616 W 6th Avenue
Escondido CA 92025
REROOFING OF LOMA VERDE RECREATION CENTER
AND THE POLICE DEPARTMENT IN THE CITY OF CHULA VISTA, CA
This contract was awarded to you on December 23, 1993 by the city
Council. One of the provisions of the contract was that you provide the
City with your certificate of insurance for liability and worker's
compensation from an "A" rated, Class V or better insurance company (In
the event the carrier is domiciled outside CA, they must be a CA
admitted carrier).
Ronald Chambers, Nelson Roofing General Manager, was notified by the
Dolly Hicks, Engineering Department, of the City of Chula Vista, when
you submitted your contract on Thursday, February 18, 1993 that the
insurance policy submitted did not fit this criteria. In order to
execute the contract you would be required to submit a new policy on or
before January 26, 1993.
Subsequently, Ronald Chambers' office was contacted by phone on Tuesday,
February 23, 1993. This phone call was to inquire as to your progress
in meeting the City's policy requirement of an "A" rated, Class V or
better insurance company, domiciled in CA or CA admitted, as outlined in
the contract. Dolly was referred to your insurance broker,
Richard A. Kaley Insurance.
Dolly Hicks, has also been in contact with your insurance agent, Cheri,
with Richard A. Kaley Insurance. Cheri has been ih contact with our
city Attorney, Rich Rudolph, in hopes that she might persuade a
different outcome on the acceptance of Golden Eagle, (a "B" rated
carrier) as an acceptable carrier for this contract.
On Thursday, February 25. 1993, Dolly reiterated our position on the
insurance requirements for this contract to Cheri. Dolly again shared
the name of Reliable Insurance and Zurich Insurance as acceptable
carriers that we have recently received other contracts insured by.
Cheri indicated she had shared this information with Nelson Roofing,
Inc. but that the timing was not financially advantages for Nelson
Roofing. Cheri was to contact Dolly with a FAXed copy of an Insurance
binder by Friday, February 26, 1993.
As of Friday, February 26, 1993 we have not received your acceDtable
insurance policy, or a FAX copy, pending receipt of your pOlicy,
covering liability for the Reroofing of the Police Department in the
City of Chu1a vista as outlined in the contract requirements.
E-S
276 FOURTH AVE CHULA VISTA. CALIFORNIA 9191016191691-5021
,
Since we have not received the necessary insurance policy to proceed
with processing the contract award due today, Friday, February 26, 1993.
We therefore notify you that we will recommend to council that the award
of the contract to you be rescinded and that we be directed by council
to re-advertise the project. Upon council's approval of our
recommendation we will proceed with the new award process. Proceedings
will begin forty-eight hours (48) after your receipt of this letter.
If you have any questions, please contact Alex Al-Agha at (619)
691-5179.
UJ-I I 4. __~~ --
~f----1o/ -
Roberto Saucedo
Senior civil Engineer
{dh
cc: Ronald Chambers, Nelson Roofing, General Manager
Richard A. Kaley Insurance Services, Inc.
Attn: Cheri
400 N. Tustin Avenue, Suite #100
Santa Ana, CA 92705
Rich Rudolph, Asst. City Attorney
Diana Levin, Rick Manager
(C \LETI'E.RS\1'o"E.LSONBD. INS)
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COUNCIL AGENDA STATEMENT
Item
Meeting Date 2/9/93
ITEM TITLE:
Resolution Transferring funds, accepting bids and
awarding contracts for the reroofing of Loma Verde Recreation
Center (Phases I and II) and the Police Depart"ent building in the
City of Chula Vista, califOrnij
Director of Public Works t(
SUBMITTED BY:
REVIEWED BY: City Manager
(4/5ths Vote: Yes_No..!,j
At 2:00 p.m. on December 23,1992, in the Public Services Building, the Director of Public
Works received sealed bids for the reroofing of Loma Verde Recreation Center (Phases.
I and II) and the Police Department building in the City of Chula Vista, California.
RECOMMENDATION: That Council:
1.
Transfer $43,550 from CIP Project GG-102 . Remodeling Public Services
Building and appropriate to CIP Program GG-122 - Roof repairs Loma
Verde Recreation Center.
2. Transfer $26,830 from CIP Project GG-102 - Remodeling - Public Service
Building and appropriate to CIP Project PS-122 . Reroofing flat areas -
Police Department Account.
3. Accept bids and award contract to La Quinta Roofing Inc., San Diego in the
amount of $54,542 for the roof repairs Loma Verde Recreation Center (CIP
GG-122)..
4. Accept bids and award contract to Nelson Roof Inc., Escondido In the
amount of $24,389 for the reroofing of the Police Department building (CIP
PS-122).
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
.Loma Verde Recreation Center
The reroofing of the Loma Verde Recreation Center was budgeted as a two phase project
In the FY 1989-90 CIP. The first phase, which involves the reroofing of the east portion
of the building was funded in the FY 1989-90 budget. The second phase, which Involves
the reroofing of the west portion of the building was proposed for funding In FY 1993-94.
I';. 7-
S- - 1..,3
Page 2, Item
Meeting Date 219/93
,""",
During the preparation of the Phase I contract specifications, staff decided to combine
both phases and bid them concurrently to:
1. Eliminate responsibility problems usually arising from Uability for correcting
leakages at the joint of two different roofs.
2. Enable one contractor to take full responsibility for quality of work.
3. Take advantage of cost savings associated with duplication of administrative costs,
and
4. Take advantage of current market conditions.
The bids received for Loma Verde Recreation Center reroofing were excellent. It is, .
therefore, recommended that both phases be awarded at this time, since this would result
in estimated savings of about $24,660 for this portion.
Police Deoartment Buildina
The project involves the reroofing of the leaking sections of the built-up roof and gravel
areas of the Police Department building.
'"""
The reroofing of the Police Department was approved in the 1991-92 CIP and was funded
to utilize Development Impact Fee (DIF) funds. Further evaluation, however, has
determined that the project is classified as a maintenance item and does not qualify for
the DIF funding. Therefore, funds must be appropriated from another source. The
recommended source of funds for this project are funds originally appropriated for the
remodeling of the Public Services Building in FY 1984-85 and FY 1987-88. The need to
immediately remodel the Public Services Building was mitigated by the relocation of the
Community Development a few years ago. It is, therefore, recommended that these
funds be used for the reroofing project.
Bid Results
Both projects were advertised for a period of four weeks beginning November 21, 1992.
During this period plans were purchased by 15 contractors and on the bid opening date,
bids were submitted by 6 contractors (Loma Verde Recreation Center) and 7 contractors
(Police Department Building). The bids received are as follows:
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COUNCIL AGENDA STATEMENT
Item /;t..
Meeting Date 3/23/93
ITEM TITLE:
Resolution / 7 () 'IZ Reappropriating funds, rescinding award of
contract to Nelson Roo mg Inc. for "The Police Department building
reroofmg in the City of Chula Vista, CA" and awarding contract to the
second low bidder, La Quinta Roofmg Inc.
Director of Public worksH
City Manager --iC:t ~ vSl (4/Sths Vote: Yes...LNo~
SUBMITTED BY:
REVIEWED BY:
On February 9, 1993, the City Council by Resolution No. 16988 accepted bids and awarded a
contract for "The Police Department building reroofing in the City of Chula Vista, CA" to
Nelson Roofing Inc. The contractor, however, was unable to provide the required liability
insurance making it impossible for a contract to be executed. Nelson Reroofing Inc. was aware
of our liability insurance requirements from the beginning of the bid process. Staff has tried to
work with the contractor to resolve this problem but they have been unresponsive. The
contractor was notified of our recommendation to rescind the award of contract.
RECOMMENDATION: That Council approve the attached resolution which:
1. Rescinds award of contract to Nelson Roofing Inc.
2. Award contract to the second low bidder, La Quinta Roofing, in the amount of
$27,040.00.
3. Reappropriates $2,914.00 from CIP Project 00-102 Remodeling Public Service Building
and appropriate to CIP Project PS-122-Reroofmg flat areas-Police Department Account.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
On February 9, 1993, the City Council awarded a contract in the amount of $24,389 for the
reroofing of the Police Department building to Nelson Roofing, Inc. Nelson Roofing was the
lowest bidder out of the seven bids we received for the contract. Bids ranged frqm $24,389.00
to $43,710.00 (see attached A-113 for 2-9-93 Council meeting). Since the award of the contract,
Nelson Roofing attempted in good faith to obtain the required liability insurance. They failed
to obtain the minimum required insurance by the contract dOCuments. The minimum
requirement for an insurance carrier as expressed in the Regional Supplement to the standard
specification for Public Works construction and adopted by the City of Chula Vista, is a Best's
rating of "A", class V or better and be admitted or authorized to transact business in the State
of California. A.M. Best Company is a private publishing company that analyzes and rates
~'/~
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Page 2, Item I J-
Meeting Date 3/~3/93
.........
their insurance problem. Unfortunately, they were unable to obtain an acceptable insurance
certificate and we must annul the award contract and declare Nelson Roofing in default. No bid
bond was required or provided with the bid, since the bid was less than $25,000.
La Quinta Roofmg bid for $27,000.00 is below the staffs estimate of 30,000 by $2,960 or by
9.9% and is $2,651 above the Nelson Roofmg, Inc. low bid.. La Quinta Roofing was also the
low bidder for the recently awarded Lorna Verde Recreation Center reroofmg contract. They did
provide an acceptable insurance certificate for the Lorna Verde Recreation Center reroofing
project. We contacted the contractor to ascertain their willingness to honor their bid for the
Police Department building reroofmg project and received a positive response.
Staff, therefore, recommends awarding the contract for the reroofing of the Police Department
building to La Quinta Roofing Co.
La Quinta Roofmg disclosure statement is attached herewith.
FINANCIAL STATEMENT:
FUNDS REOUIRED FOR CONSTRUCTION
I. Contract amount $27,040.00
2. Contingencies (10%) 2.704.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $29,744.00
FUNDS AVAILABLE FOR CONSTRUCTION
I. Account 6OO-6OO1-PS-122 $26,830.00
2. Reappropriate funds from 600-6OOI-OG-I02 to account 6OO-6OO1-PS-I22 2.914.00
TOTAL FUNDS AVAILABLE FOR CONSTRUcnON $29,744.00
.-..,
FISCAL IMPACT: If the resolution is adopted, this new project would reduce the cost of
maintenance since the new roof will be completed.
WPC F:\bome'cogiD....Smda\683.93
SMile: PS-122
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MEMORANDUM
March 10, 1993
File: PS-122
TO:
John Goss, City Manager
Bruce Boogaard, City Attorney
Lyman Christopher, Director of Finance
Beverly Authelet, City Oerk
Greg Hanson, Building Services Superintendrt
John Lippitt, Director of Public Works rpv
FROM:
SUBJECT:
Resolution - Reappropriating funds, rescinding award of contract to Nelson Roofing Inc.
for "The Police Department building reroofing in the City of Chula Vista, CA" and
awarding contract to the second low bidder, La Qunita Roofing Inc.
REROOF FLAT AREAS - POllCE DEPARTMENT (803-/103O-PS-U2)
FUNDS REOUIRED FOR CONSTRUCTION
A. Contract Amount $27,040.00
B. Contingencies (approximately 10%) 2.704.00
Total Funds Required for Construction $29,744.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Account 6OO-6OO1-PS-122 $26,830.00
B. Transfer of funds from 600-6001-GG-I02 - Remodeling Pubhc
Services Building Account to 600-6001-PSl22 - Reroofing of
Flat Areas - Police Department Account 2.914.00
Total Funds Available for Construction $29,744.00
WPC f:\home\engineer\SOO.93
/dl )
S - 'f 1~--1rJ
TInS PAGE BlANK
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RESOLUTION NO. J ?/J'I?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REAPPROPRIATING FUNDS, RESCINDING
AWARD OF CONTRACT TO NELSON ROOFING INC. FOR
liTHE POLICE DEPARTMENT BUILDING REROOFING IN
THE CITY OF CHULA VISTA, CAli AND AWARDING
CONTRACT TO THE SECOND LOW BIDDER, LA QUINTA
ROOFING INC.
WHEREAS, on February 9, 1993, the City Council by
Resolution No. 16988 accepted bids and awarded a contract for liThe
Police Department building reroofing in the City of Chula Vista,
CAli to Nelson Roofing Inc.; and
WHEREAS, the contractor, however,
the required liability insurance making
contract to be executed; and
was unable to provide
it impossible for a
WHEREAS, Nelson Reroofing Inc. was aware of our liability
insurance requirements from the beginning of the bid process and
staff has tried to work with the contractor to resolve this problem
but they have been unresponsive; and
WHEREAS, the contractor was notified
recommendation to rescind the award of contract.
of
our
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby rescind the award of contract
to Nelson Roofing Inc. and repeal Resolution No. 16988.
BE IT FURTHER RESOLVED that the City Council does hereby
award contract to the second low bidder, La Quinta Roofing, in the
Amount of $27,040.00.
BE IT FURTHER RESOLVED that the City Council does hereby
reappropriate $2,914.00 from CIP Project GG-102 Remodeling Public
Service Building and appropriate to CIP Project PS-122-Reroofing
flat areas-Police Department Account.
Presented by
John P. Lippitt, Director of
Public Works
F: \boIDe\aa.omey\683 .93
I~ - Y-.
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TInS PAGE BlANK
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Page 3, Item
Meeting Date 2/9/93
LOMA VERDE RECREATION CENTER (GG-122)
CONTRACTOR Bid Amount
Total Bid
1. La Quinta Roofing Inc., San Diego $54,542.00
2. J.P. Witherow Roofing Co.; San Diego $56,600.00
3. Stricker Roofing Inc., Escondido $58,251.00
4. Adams Builders Inc., Chula Vista $63,870.00
5. Roejack Roofing Inc., San Diego $75,770.00
6. Commercial and Industrial Roofing Inc., Escondido $76,894.00
.
POLICE DEPARTMENT BUILDING (P6-122)
CONTRACTOR BID AMOUNT
1. Nelson Roof Inc., San Diego $24,389.00
2. La Ouinta Roofing Co., San Diego $27,040.00
3. J. P. Witherow Roofing Co., San Diego $31,630.00
4. Stricker Roofing Inc., Escondido $33,947.00
5. Roejack Roofing Inc., San Diego $37,193.00
6. Adams Builders Inc., Chula Vista $42,890.00
7. Commercial and Industrial Roofing Inc., $43,710.00
Escondido
The low bid by La Quinta Roofing Co. for the Loma Verde Recreation Center is below the
staff's estimate of $55,000 by $458.00 or by 0.8%. Staff has reviewed the bid and
conducted a past performance evaluation and determined that the contractor has done
similar projects and has the resources to complete the job. Staff recommends awarding
the contract for the reroofing of Loma Verde Recreation Center to La Quinta Roofing Co.
The low bid by Nelson Roof Inc. for the Police Department building is below the staff's
estimate of $30,000 by $5,611 or by 18.7%. Sta~. has reviewed this low bid and
conducted a past performance evaluation and determined that Nelson Roof Inc. has
available resources to complete the job and that the Company is in good standing. Staff
recommends awarding the contract for the reroofing of the Police Department building to
Nelson Roof Inc.
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Page 4, Item
.Meeting Date 219/93
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Disclosure Statement
The disclosure statements of both contractors are attached herewith.
.Environmental Status
The City's Environmental Review Coordinator has reviewed the work Involved in the
reroofing of the Loma Verde Recreation Center and the Police Department Building and
determined that the projects are exempt under Section 15301, class 1 of the California
Environmental Quality Act (repair or maintenance of existing public structures).
FISCAL IMPACT: If the resolution is adopted, the following table represents the funding
status of the projects.
ROOF REPAIRS LOMA VERDE RECREATION CENTER (GG-122)
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $54,542.00
B. Contingencies (approximately 10%) 5,454.00
C. Staff Cost (approximately 10%) 5.454.00
Total Funds Required for Construction $65,450.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. GG-122 - Roof Repairs Loma Verde Center Account 21,900.00
B. Appropriation from GG-102 43.550.00
Total Funds Available for Construction $65,450.00
,
.......
REROOF FLAT AREAS. POLICE DEPARTMENT (PS.122)
FUNDS REQUIRED FOR CONSTRUCTION
A.
B.
Contract Amount
Contingencies (approximately 10%)
Total Funds Required for Construction
FUNDS AVAILABLE FOR CONSTRUCTION
$24,389.00
, 2.441.00
$26,830.00
A.
126.830.00
$26,830.00
bOO -6Dol-PS-/ZZ- .......
This project would reduce the cost of maintenance since the new roof will be completed.
WPC F:\HOMElENGINEERlAGENDAIREROOF
0127113
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THE ern' CJF CHUU. J.7STA PAR7l' DISCLOSf)~ SliC7'EMENT
.
::llement of disclosure of certain ownership interests, paY'menu, or campaign contn"butions, on al] mlltters
h:clill require dimetionaT)' action on the part of the aty Council, PJanning Commission, and all other
"'j odies. The follov.inS information mwt be disclosed:
List the names of all persons having a financial interest in the contract, i.c.. contractor,
lubcontrltlor, material supplier.
LA QUINTA ROOFING, INC.
If any person identified pursuant to (1 j above is a corporation or pannership, list the names of all
indh'iduals owning more th:1n 10% of the shares in the corporation or owning any pannership
interest in the partnership.
MAnILYN'JOSEPHSON 51'
MAXV~N ~U~~~h~UN ~~ ~
If any person identified pursuant to (]) above is non.profit orianization or a trust, Jist the names
of any person serving as dire ctor of the non.profit organization or as trustee or beneficiary or
trustor of the trust.
NONE
Ave )'ou hOld more thOln S25D worth of business transacted with any me~ber of the City, stOln,
-,roards, Commissions. Commillees and Council within the past twelve months? Yes _ '
No ~x If yes, pJeOlse indicate person(s):
Ple<lse identify each and e\'er)' person, includins any agents, employees, consultants or independent
COnlr:lctors who )'ou ha\'e assisned to represent )'OU before the ClI)' in this matter.
LA QUINTA ROOFING, INC. MICHAEL M. JO~~~H~UN
Have you andlor your oWcers or IlgenlS, in the a~sreBale, contributed more than 5J.000 to n
Councilmember in the currenl or preceding election period? Ycs_ NdCXX If yes, stllh~ \\'hkh
Councilmember(s):
'.,," is defincd IS: 'AII,I' illdll'idunl,firm. co'pnrrlln'sllip,joinr '~IIIl/It. anMntiD1l, I<<illl duh,frll'rmllll1flll"izll'iD1l, torpt>rn,iOIl,
1/,', trim, rtCt",", 1)'lIdi,nrc, ,his lInd tin)' o,htr CCIlI1lI). CII)' t/lld COUll"). dl). "wllicipnlil). tllllriet. <<An poIitiClIlsuhdll'ISitlll,
"'.1' o,r.rr r'oup or tOlllbinntion t"'il'; liS "llIli,..
'TE: AlI~rh Iddilion~l l''';C\ ~. n~rcu~I)')
IIC: 12/23/92
.
LA QUINTA ROOFING,
Si;nllture
INC.
plicllnt
MICHAEL M. JOSEPHSON
~-n
Print or t)'PC n:lm
J,t.- ~J
, ,
nlf:lClClr/llppJicanl
Ilh~l'n' II lo'..IJ
".\DJIC'LOSt'l"\T)
----
La Quinta Construction, Inc.
UCENSE NO. 423212
6176 FEDERAL BLVD.
SAN DIEGO, CA 92114
(619) 264-5777. FAX (619) 262-3604
"""'\
HARCH 3, 1993
CITY OF CHULA VISTA
ENGINEERING DEPARTMENT
707 "F" STREET
CHULA VISTA, CA 91910
ATTENTION. DICK THOMPSON
FAX 619-691-7986
PROJECT,
POLICE DEPARTMENT
CHULA VISTA, CA
SUBJECT,
BID EXTENSION
GENTLEMEN,
-..
OUR FIRM WILL EXTEND ITS BID OFFER ON THE ABOVE REFERENCED PROJECT
UNTIL MAY 3, 1993 (MONDAY) 60 DAYS.
SINCERELY,
L~~UINTA CON~. UCTIO, INC.
/;/t , ~
MAR~P 0
SECRETARY
........
~
~tf
----
La Quinta Construction, Inc.
UCENSE NO. 423212
6176 FEDERAL BLVD.
SAN DIEGO, CA 92114
(619) 264.5777. FAX (619) 262.3604
e
MARCH 3, 1993
CITY OF CHULA VISTA
, ENGINEERING DEPARTMENT
707 "F" STREET
CHULA VISTA, CA 91910
ATTENTION, DICK THOMPSON
FAX 619-691-7986
PROJECT,
POLICE DEPARTMENT
CHULA VISTA, CA
SUBJECT,
BID EXTENSION
~ GENTLEMEN,
OUR FIRM WILL EXTEND ITS BID OFFER ON THE ABOVE REFERENCED PROJECT
UNTIL MAY 3, 1993 (MONDAY) 60 DAYS.
SINCERELY,
/J1UINTA CON:~~T:' ~
MAil~P~ -::
SECRETARY
e
;,)-/3-.
S-I I .,
.
TInS PAGE BLANK
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RECEIVED
'93 /tAR 30 P5:47
457 Delaware Street
Imperial Beach, MWGmJLA VIST A
March 29, 1993 city CLERK'S OFFICE
Hon. Tim Nader and City Council Members
Chula Vista, CA 91910
Dear Mayor Nader and City Council Members:
Attached to this leoter are copies of four letters concerning
lands at the south end of San Diego Bay. The issues raised in
ohem mayor may not bear on one proposal 00 be discussed in
Action Item #8. of the Agenda for the Special Worksession/
Meeting of the City of Chula Vista City Council on Tuesday,
March 30, 1993.
I will read the second paragraph of ohe letter aaoed August 3,
1992, into the record during the Oral Communicaoions period of
your March 30, 1993, City Council Meeting.
Sing,erely,
fI~y om
Save Our Bay, Inc.(
Aotach: Leoter datea March 16, 1993, to The Western Group,
POBox 15~4, Ogden Utah 84402 from William E. Claycomb
with three attachments.
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457 Uelaware Street
Imperial Beach, CA 91932
March 16, 1993
Certified Mail #P294213379
Return Receipt Requested
Mr. Phil Scott, Chief Operating Officer
The Western Group
POBox 1544
Ogden, Utah 84402
Uear Mr. SCO"ttl
I read in the March 12, 1993, The San Diego Union-Tribune,
'page B-1, about the possibility of a touris"t railroad a -
round the sou"th end af the San uiega Bay sal"t panas.
So tha"t you migh"t be"tter understand the very important environ-
mental values you woula be dealing with, you should secure from
"the San uiego Unified Port uistric"t (SUUPu), pages 12-20, 21, 22
of Volume Three of the South San Diego Bay ~ancement Plan,
SUUPU ana California State Coastal Conservancy, March 1990.
The railroaa migh"t be a good idea for bringing tourist aollars
to Imperial Beach, but I can safely predict that an old steam
engine, chuffing and puffing coal smoke ana ash would have un-
acceptable adverse environmental impacts. Such an engine elect-
rified to run quietly carrying coaches at 5 mph might well be
acceptable.
Finally, upfront, it might be helpful for you to understand
tha"t there is a bounaary problem between the (California)State
Lands Commission (SLC) lanas and landS possibly owned by West-
ern Salt Company in the salt pond area. It is suggested in the
attached Aug. J, 1992, SLC letter to the Sierra Club Chair that
SLC might be able to resolve title issues if they could be re-
imbursed for staff costs and have their priorities appropriately
set (last two sentences of second paragraph).
lf you could raise the funds for SLC staff reimbursement, the
set~ling of the boundary problem might be expedited.
I would be happy to further discuss
feel it would be helpful.
"this ma"t"ter with you if you
7)(ic ,
William t< ayco b
Socio-ecologist
Save Our Bay, Inc.(forming)
Attachments I See Page 2
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Page 2
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A.tachmentsl
SLC Aug. 3. 1992. letter to Chair. Sierra Club (File Ref.
PHC 175) wi.h SLC Gc.. 23. 1990. letter to Ms Cathy Osugi
ana SLC Apr. 24. 1992 SLC letter to WiYliam E. Claycomb
(file Ref.1 PHC 175)
"
,
STATE OF CALIFORNIA
STATE LANDS COMMISSION
1807 13TH STREET
SACRAMENTO, CALIFORNIA 95814
~16-445-7738
,
PETE WILSON. Governor
August 3, 1992
File Ref.: PRC 175
Ms. Julie Hocking
Chair, Sierra Club
San Diego Chapter
3820 Ray Street
San Diego, CA 92104
Dear Ms. Hocking:
Subject: South San Diego Bay
Mr. Warren has asked that I respond to your letter regarding
boundaries and developments in South San Diego Bay. Your letter
attached prior correspondence from this office dated February 14,
1989; August 15, 1989; October 19, 1989; October 27, 1989; February
1, 1990; and January 29, 1991.
As indicated by these letters, this office recognizes the
habitat values of South San Diego Bay and will object to any
developments which will adversely affect such values on lands
subject to any State public trust ownership interest. The precise
nature, extent and location of the State's public trust interests
in many portions of South San Diego Bay are undefined by court
judgment or settlement agreement. Generally, the boundaries of the
state's interests must be resolved before development can proceed.
Unfortunately, given the limited staffing and budgetary resources
of this agency, we are unable to initiate studies necessary to
resolve these title issues without reimbursement of staff costs.
Even with such reimbursement, other priorities may defer work on
San Diego Bay cases for some time.
I have enclosed letters of October 23, 1990, and April 24,
1992, which further explain the position of this office on the
subject area. If you have any further questions please do not
hesitate to contact me by phone or in writing at the above listed
phone number or address. Thank you for your interest in protecting
this resource.
"
Sincerely,
~. FOSS
Senior Staff Counse
Southern California Region
'..' . . cc: Charles Warren
3
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S':"ATE OF CAUFORNIA
?
GEORGE DEUKME.JIAN. G.......,
STATE LANDS COMMISSION
EXECUTIVE OFFICE
1807. 13th Street
Sacnomanto. CA 98814
CHARLES WARREN
Exacu1lva Officer
EO T. McCARTHY. UautenentGovemor
URAY DAVIS. Controllar
JESSE R. HUFF. Director of Flnence
October 23, 1990
Ms. Cathy Osugi ,
U. S. Department of Interior
Fish and Wildlife Service
911 N.E. 11th Avenue
Iortland, OR 97232-4181
Dear Ms. Osugi:
Staff of the State' Lands Comm;~sion (SLC) has reviewed the Notice of Intent (NO!)
by the U. S. Fish and Wildlife Service to prepare an Environmental Assessment (EA) for
the establishment of the San Diego Bay National Wildlife Refuge.
'--
As indicated in your notice, the 2500 acre area includes lands within five cities
located in South San Diego Bay. The majority of the land involved in the proposal is
sovereign Public Trust land, title to which passed to the State of California as an incident
of its admission to the Union on September 9, 1850. Some lands on the periphery of the
proposed project are privately owned lands which had been conveyed to California on
September 28, 1850 as swamp and overflowed lands and subsequently were sold by the State
to private parties. Other lands, granted by the Mexican government to private parties prior
to 1846, are also involved.
Of the Public Trust lands involved, portions have been granted in trust by the
California Legislature to the San Diego Unified Port District pursuant to Chapter 67,
Statutes of 1962 and Chapter 1744, Statutes of 1965. Certain lands within the 1962 grant
were subsequently revested in the State effective January 31,1984 pursuant to Chapter 1114,
Statutes of 1973 and leased by the State Lands Comm;~~ion (pRC 175) to Western Salt
Company for a period of 25 years effective February 1, 1984 (January 31, 2009).
As you may be aware, in January 1990, following the suggestion of Mr. Don
Weathers, Acting Regional Director of the USFWS in Portland, I have been in periodic
contact with Mr. Marc Weitzel, the Service's field contact at the TIjuana Slough National
Wildlife Refuge. It is my understanding from my conversation with you that representatives
from your office intend to meet with us and other appropriate agencies in Sacramento. It
may be helpful if such a meeting occurs fairly early in the Service's process of preparation
of its Environmental Assessment to determine the specifics of the San Diego Bay National
Wildlife Refuge proposal.
""--
1
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(
Staff is intrigued by, and supports, the efforts of the Service to protect the sensitive
estuarine wetland and submerged habitats in the San Diego Bay area. I look forward t()
hearing from you.
Sincerely,
~tR:f:f
DivisIon of Research
and Planning
cc: Charles Warren
Executive Officer
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STATE OP CALIPORNIA ~
STATB LANDS COKKZSSZOH
1807 13TH STREET
SACRAHBNTO, CALIPORNIA 95814
(916) 445-7738
. PETE
WILSON. Governor
April 24, 1992
Ref'/pR~ 175
-
File
william E. Claycomb
socio-ecologist
Save Our Bay, Inc. (forming)
457 Delaware Street
Imperial Beach, CA 91932
Dear Mr. claycom~,
Staff of the State Lands Commission has been requested by
Commissioner McCarthy to respond to your most recent expression of
concerns regarding South San Diego Bay.
The boundary issues in South San Diego Bay are as important as
any in the state. The Commission will resolve their location prior
to any development .hich could threaten public trust lands. T~e
passage of 140+ years since statehood does little to simplify the
task, Literally scores of pieces of evidence (including maps,
surveys, photographs, etc.) come into play in seeking the best
evidence of the last natural location of the ordinary ~igh water
mark of the area. The ability to take on such a task is one which
the LegiSlature has not seen fit to support in the Commission's
budget, which has been severely ~ut in the last two yea~s.
While a pOr'::ion of the
adjudicated in San Diego Bay,
only a small percentage 0f
established boundary locati~n.
boundar ies have been agreed to ::or
like ~ost ~aterbodies in CaliF-ornid,
the tota L 3.rea has ;1. Ei:,o:d a:-1d
We woued like to assure you ,please 5ee attached lett"r:>f
October 23, 1990) that 'ole are monito::-Llg,ctlJ.vities in the '.Ired a.-,d
have met with and are assisting the efforts of the U.S. fish and
wildlife service ~n 9rotecting eCJlogi;al values in South Sdn )ie.'1o
Bay.
sic>cere '.y.
" ..
/.//-? /
.? ,~-/- ?:. -',- - --
CU~T;'S" ?OSSL"H'
Senior ]t~Ef Counsel
SO'lther."1 c~l cforn ca Req ion
A-:t"chmen::
c" Hc,nocaDle L-e') .'icCar-:h"
L~eucenan~ l~ov~r~or
Ct~ar Les .,... lrr:-~r.
'--' Exec'ltc'/e O:Ei;er
~
COUNCIL AGENDA STATEMENT
Item
Meeting Date
~
3/30/93
SUBMITTED BY:
REPORT on Regional Solid Waste Issues and the
Proposed Participation Agreement ~ ~
Principal Management Assistant Snyder~tr
City Managert! (4/Sths Vote: Yes_ No..]Ll
TITLE:
REVIEWED BY:
Since 1989, the City has been in informal discussions with the
County of San Diego regarding the County's need for a waste stream
("flow" l control agreement in order to plan for and finance
regional solid waste facilities such as landfills, transfer
stations and material recovery facilities (MRFs). At the 4/2/91
meeting, Council agreed with the need for such an agreement in
concept and directed staff to begin negotiations with the County on
an agreement which would address the County's needs but provide a
great deal of flexibility for the City.
City staff work on this project was eventually "overtaken" by the
crisis events of the San Marcos landfill. In May 1992, the County
Board of Supervisors held a Solid Waste Summit with participation
from all cities in the County. The Summit focused on three major
issues: 1) Institutional relationships-- What structure should be
used to operate the region's solid waste system in the future? 2)
Participation Agreements-- Formerly known as flow control
agreements, renamed to clarify that a signatory city would need and
desire to become a partner in the County's system, and 3) Host
fees. Subsequently, it became clear that the questions of
institutional relationships and the participation agreement would
need to be addressed together. In July 1992, the Board of
Supervisors directed County staff to work with all cities towards
the goal of securing such an agreement.
The attached draft Solid Waste Participation Agreement was
developed by staff from the County and all eighteen cities, with
continuous reporting to and input from both the City/County
Management Association and the SANDAG Board (sitting as the AB939
Integrated Waste Management Task Force.) On February 16, 1993, it
was approved in concept by the Board of Supervisors and is being
formally distributed to all cities for review and comment. The
Board will also hold another Solid Waste Summit on March 26, 1993
for the express purpose of being available to directly receive
concerns and comments from the cities' elected officials.
This report and presentation will provide for a discussion of the
key issues involved in the proposed participation Agreement, in the
broader context of the significant, complex and interrelated
issues, events and decisions regarding San Diego's regional solid
waste system.
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Page 2, Item
Meeting Date
~
3/30/93
RECOMMENDATION: That Council:
1) Determine that the City is not prepared at this time to
make a commitment of total flow of solid waste within its
jurisdictional boundaries to the County system;
2) Direct that the County of San Diego be informed of the
City's interest in assisting in short-term alternatives to the
proposed bond financing of the San Marcos landfill expansion, which
may include a partial commitment of waste flow, as well as the
City's interest in exploring the formation of a Joint Powers Agency
(JPA) for the long-term need to plan for and finance a waste
disposal system; and
3) Direct staff to return to Council within two months (or
that time necessary to avoid any economic penalty) for action upon
the County Board's proposed Solid Waste Participation Agreement.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION
The County and all incorporated cities currently using the County's
waste disposal system are at a crucial decision point. The
question for all jurisdictions, including the County, is about the
role we will play in the future for solid waste disposal in San
Diego County. The need for change has been driven by economic,
environmental and legislative factors.
The decision is complicated by the reality that it is a local
decision for a regional problem. The mandates of AB939 included a
more involved responsibility for cities with regard to the
diversion and disposal of solid waste within our jurisdiction. A
key point in the decision is understanding that the City CANNOT
choose status qUO-- the real question is what form the City's new
and higher level of responsibility in this arena will take.
Introduction
The option being presented in this report is a Participation
Agreement being discussed with 17 individual cities to be signed
between each city and the County. In the broadest sense, it
represents a "shared responsibility" approach for the County's
existing and future disposal system.
In exchange for the commitment of waste to the system, signatory
cities will set solid waste policy and approve capital projects
which drive a significant part of the overall system ("tipping")
fee, as well as being guaranteed disposal capacity in the County
system.
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Page 3, Item
Meeting Date
~
3/30/93
The goal was to reach a consensus at the management staff level for
a document which not only balanced individual cities' concerns, but
would also be a viable, workable solution to most (if not all)
cities' disposal needs.
The timetable for approval of the Agreement is being driven by the
County's need to secure $52 million in bond financing to complete
the San Marcos landfill expansion. From a credit standpoint, the
financing will be enhanced by a guarantee of waste flow and
resulting revenues. Provisions in a Participation Agreement which
would be unacceptable to the investment community may jeopardize
the landfill expansion. To this end, the CCMA Committee also
worked with the underwriter and bond counsel in crafting the draft
document under review.
Legal review through the City Attorneys' Association has also
contributed to the final document and raised some outstanding legal
questions which will be covered during the workshop by the City
Attorney.
Components of the Participation Aqreement
The Table of Contents for the Agreement (Attachment A) outlines in
detail the individual components. Key components highlighted for
Council's attention are:
1) A Solid Waste Commission is created using the joint
exerCLse of powers authority. The Commission will be composed of
one elected official from each of the signatory jurisdictions. The
Commission would decide major solid waste policy and would approve
the Capital Improvement Program and determine what financing
mechanisms would be used to fund those projects.
The Commission would make recommendations to the Board of
Supervisors on the Solid Waste Division's annual work program and
the tipping fee changes. The Commission would not be involved in
day-to-day operations of the facilities.
2) Signatory ci ties are guaranteed disposal rights in
exchange for the committed waste stream.
3) The term is for twenty years with a one year rolling
extension. A city may give a twenty-year notice at any time and
subsequently exit the system at the end of that time with no
financial penalty. Early withdrawal may be achieved by giving a
five-year notice. In that case, buy-out provisions are to be
determined at the time by an independent consultant and will be
based on "making the system whole."
"
4) Al though the Commission or County's authority cannot
supersede an individual jurisdiction's land use authority, best
efforts will be made to continue a subregional system of landfills
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Page 4, Item
Meeting Date
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3/30/93
geographically serving the northern, southern and eastern parts of
the County.
5) Solid waste facility (formerly called "host") fees will be
paid to those jurisdictions which have a County-operated facility
wi thin their boundaries. Regional consensus is to provide the
highest amount (10% of the current $28/ton tipping fee, or
$2.80/ton) for landfills. Lesser amounts will be paid for material
recovery facilities and transfer stations. Payment of facility
fees was approved by SANDAG in September 1992.
6) An Economic Risk Surcharge will be charged to those
jurisdictions that choose not to sign the Agreement but still wish
to use the system. The surcharge is recommended to not exceed 50%
of the tipping fee, and the exact percentage will be recommended to
the Board by the time new tipping fees are brought forward on May
4, 1993.
The surcharge is considered justifiable since non-
participant waste flow in the system results in economic risks
impacting system costs, such as a need to fund capital projects
with uncertainty of the future waste supply, and reduction of the
landfill capacity thereby increasing the annual closure/post-
closure trust fund deposit and accelerating future facility
replacement costs.
7) A non-signatory jurisdiction will be required to pay the
surcharge after June 1, 1993 but may subsequently elect to join the
system with no buy-in up until December 31, 1993. After this grace
period, an independent consultant will determine any buy-in
necessary to keep the signatory jurisdictions "whole."
8) A threshold level of participating jurisdictions will need
to sign the Agreements by May 15, 1993 (or possibly June 15 or July
1) in order to provide a level of participation by the cities that
would allow for a viable regional system. The threshold is defined
as a number of cities with a combined population equivalent to that
of the unincorporated area of the County.
9) The City of San Diego will become an ex-officio member of
the Commission and will enter into a modified Participation
Agreement with the County to reflect the mutually beneficial
working relationship of the Miramar Landfill and the County
landfill system.
A recently revised list of key dates (and any proposed changes)
affecting the Participation Agreement is included in Attachment B.
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Meeting Date
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3/30/93
Outstandinq Leqal Issues
The City Attorney's Association has issued a statement of concerns
(Attachment C) on the draft Agreement as it is currently proposed.
The City Attorney will address those concerns during the
presentation of this issue.
Impacts on the Rate Paver
The recent management and financial audit of the Solid Waste
Enterprise Fund (copies of the Executive Summary were distributed
to Council in December 1992) quantified and described the magnitude
of the necessary increases in tipping fees to fund the current and
future facility needs. Tipping fees in San Diego County have
increased from $8/ton to $28/ton over the last six years. Although
this is a significant increase, the current fees are below most
fees across the nation. Those involved in the solid waste industry
in San Diego have been aware that serious increases would
eventually be necessary and the audit has clarified the point.
At the present time, it appears that the most conservative increase
the system could sustain effective July 1993 would be approximately
$15 to $17/ton, or a change from $28 to $43-$45/ton. This increase
would impact a single-family household's monthly trash bill in the
range of $1.50 to $2.50/month.
Subsequent annual increases could put the tipping fee up to $60 or
$65/ton. Under the provisions of the proposed Participation
Agreement, the actual increases will largely be determined by the
policy decisions made by the Solid Waste Commission regarding
capital projects needed for long term system planning and the
financing methods chosen.
Possible Disposal Alternatives to the Participation Aqreement
There are a number of possible alternatives currently being
discussed around the County although none will be available by July
1, 1993. In addition, these options may not offer reliable
alternatives in the near future (particularly to South Bay cities)
because of varying degrees of location, project completion,
environmental obstacles, or commitment limitations. The following
brief description of alternatives being discussed has been compiled
from the experiences of other cities in the County:
1) Rail haul to Utah- A recent offer to haul waste by rail
from the North County to a private landfill in East Carbon, Utah is
currently being reviewed by a coalition of North County cities. The
East Carbon Development Corporation (ECDC) declines to quote
comparable tipping fees and transport costs without formal
negotiations. More information would be needed about the viability
of hauling waste from South Bay, length of commitment, etc.
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Page 6, Item
Meeting Date
(p
3/30/93
2) Campo Indian Reservation- This option would require a
transfer station and rail or truck haul. Litigation is likely from
the residents surrounding the Reservation since groundwater is the
only source of potable water for the area. Conservative estimates
indicate 1 1/2 years as the earliest time the new landfill could be
available, barring serious litigation.
3) Eaale Mountain. Riverside Countv- This proposed landfill
at the former Kaiser Steel mine is presently in the State
permitting process and is not expected to be available for several
years, assuming environmental concerns and threatened litigation
are overcome. If it becomes available, transport issues and
facility costs need to be explored.
4) Rail Cvcle to San Bernardino Countv- There is a proposal
to site a landfill in Amboy which has not yet been approved by San
Bernardino County and would be about one to two years behind 'Eagle
Mountain's schedule.
5) Oranae Countv- The landfill located in San Juan
Capistrano has an extraordinary lifespan and officials are actively
seeking imported waste from the Los Angeles area. Several North
County cities have seriously pursued this alternative as possibly
the most viable since tipping fees and host fees are quoted as
$32.50/ton. However, this does not include processing and transfer
costs, and the landfill operator will only offer a five year
agreement for capacity. For South County consideration, transport
would again be an issue.
An additional concept was discussed by the CCMA Committee during
the development of the Participation Agreement: these future
opportunities could be pursued and evaluated by the Solid Waste
Commission if they, indeed, presented reasonable, cost-effective
alternatives to be programmed in to the long term solid waste plan
for San Diego County.
Timina and Oraanizational Alternatives
The magnitude of the decisions required of a city in approving this
Agreement has prompted a number of cities to ask for more time to
understand the nature of the commitment, possible alternatives, or
to make further recommendations to the Agreement in order to reach
regional consensus. As stated above, the timing for a decision on
the Participation Agreement is being driven by the County's need to
issue debt service for the San Marcos landfill expansion.
Recent discussions between the CCMA and the City Attorneys'
Association have elevated concerns of most cities that the
Participation Agreement represents a long-term commitment for an
immediate short-term problem (bond financing for the San Marcos
landfill) as well as the longer-range problem of meeting the
to-I,
Page 7, Item
Meeting Date
(p
3/30/93
cities' and the region's future waste disposal needs.
If opportunities can be determined to assist the County in securing
financing for the San Marcos issue (through partial flow
commitment, alternative financing mechanisms, etc.), it is felt
that both the cities and the County will be afforded more time to
address the long-term impact of the proposal.
Additionally, since the time that the participation Agreement was
drafted by staff and approved in concept by the Board of
Supervisors, there has been significant discussion that the
formation of a Joint Powers Agency (JPA) would address many of the
concerns being raised now by elected officials.
Conclusions
The decision that Chula Vista, our neighbor cities and the County
are now struggling with is the role we are going to play in solid
waste management in both the short and long term future. In the
past, the County has chosen to own and operate a regional waste
disposal system. Rates based on land acquisition costs from years
ago were reasonably low and maintained systemwide. There was no
economic incentive to seek other choices. Flow control was not
necessary.
Then landfill capacity diminished, environmental regulations and
concerns increased dramatically, land prices soared and the
political reality of being unable to site landfills close to urban
centers set in. In 1989, the Legislature passed the California
Integrated Waste Management Act (AB939) which set a hierarchy for
reducing, reusing and recycling before landfilling waste.
Mandated, progressive and increasingly comprehensive recycling and
composting programs are helping and necessary, but they cannot
change the need for the decision now at hand.
Waste stream control is not a new concept in the United States,
although regional participation is on the"cutting edge." The long
term consequences for the County remain to be seen if sufficient
interest is not shown in the Participation Agreements. There is a
potential loss to the system of capacity in North County at San
Marcos if the expansion is hinde.red by the financing mechanism
which, in turn, may result from inability to guarantee
flow/revenues.
As a result of AB939, the City has an elevated responsibility for
the diversion and disposal of its own waste. As a result of
numerous events in San Diego County's regional waste disposal
arena, the City is now being asked to become a partner in the
system. That action would be one of accepting the system as it is
now with a commitment to actively participate in the planning and
implementation of a system to most efficiently and cost-effectively
vr7
Page 8, Item
Meeting Date
{p
3/30/93
meet the needs of all its partners. The benefits of regional
cooperation and participation in this complicated issue should not
be underestimated and either dismissed or entered into lightly.
Although much time and effort has gone into the proposed Agreement,
it may be in the best interests of all parties to continue to work
together but to separate the short and long-term problems: first,
working towards a short-term solution to the San Marcos expansion
financing problem, and finally, towards the more concrete
determination of long-term planning partners through a JPA.
FISCAL IMPACT: There is no fiscal impact as a result of Council's
action on this report, which is being presented for information and
general policy direction. At the time that action on the proposed
Participation Agreement is taken, however, there are several
impacts which will be revisited, but are indicated at this stage in
the decision-making process:
1) Regarding future disposal system service costs resulting
from the subsequent decision to sign (or not sign) the
Participation Agreement, that decision would not be expected to
have a direct fiscal impact on the City since solid waste system
charges are paid directly by the rate payer through the hauler.
Any Economic Risk Surcharge (above the system disposal fee)
resulting from a decision to not sign the Agreement, would be
expected to be paid by the rate payer.
2) A subsequent decision to not sign the Participation
Agreement may impact the City's ability to collect ongoing solid
waste facility (host) fees currently estimated at approximately
$1,500,000 in FY 1993-94.
3) At some point in the future, there may also be direct City
costs for the staffing and expertise needed to ensure adequate
waste disposal opportunities if the City does not choose to remain
in the system, depending on the alternative course of action
chosen.
4) If Chula Vista leaves the County waste disposal system,
the City does not escape its responsibility to pay its fair share
of closure and post-closure costs for landfills used in the past by
Chula Vista. This would be a significant but unknown cost either
to the rate payers or to the City's waste management system.
b,a/'d
"'QJ~i~'f"-*'O'" ~~~
TABLE OF CONTENTS
I. Parties..
II. Recitals.
III. Definition section.
. . .
IV. Conditions Precedent, Effective Date.
V.
E.
F.
G.
H.
I.
J.
Agreement.
. . . .
. . . . . . . . . .
A.
Establishment of Solid Waste Commission
.
1-
2.
3.
Creation and Membership.
Authority. . . .
Purpose. . ... . . . . .
B.
Commission Structure; Voting; Administration.
1-
2.
3.
4.
5.
By-Laws. . . . .
Quorum and Vote.
Weighted Vote. . .
Solid Waste Management
Commission Staff.
. . . . .
. . . . .
. . . . .
Committee.
C.
Commission Approval Authority.
1-
2.
Powers and Duties. . . . .
Emergency and Other Exceptions.
D.
Commission Review and Recommendation Authority.
,
Reservation of Powers and Responsibilities.
No Authority to Breach County Contract. . .
Commission Maintenance of Subregional Landfill
System. . . . . . . .. . . . . . . .
Commission Duty to Provide Capacity.
Allocation of Closure and Post Closure Costs.
No Obligation to Non-Signatory cities.
'-It)
Paqe
1
1
2
5
6
6
6
6
6
7
7
7
7
8
8
8
8
9
10
10
11
11
11
11
11
\ .
V
o.
P.
Q.
K.
L.
M.
TABLE OF CONTENTS
Flow Control Obligations. . . . .
. . . . . . . .
1.
2.
3.
4.
5.
Delivery of Acceptable Waste to the System.
Waste Flow Enforcement.
Power to Exercise Flow Control.
Consistency of Agreements. . . .
Exception for Recycling Activities.
Paqe
11
11
12
12
13
13
13
13
14
14
15
15
15
15
15
15
16
16
16
17
17
17
18
18
18
21
21
23
23
23
23
. . .
. .
. . . .
County's Duties.
. . . .
. . . . . . . .
1-
2.
3.
Guaranteed Disposal. . . .
Financial Statement and Management Audit.
Implementation of Policies and Plans
Adopted by the Commission. . . . . . . .
Amendments to the Countywide Integrated
Waste Management Plan.
San Diego Agreement. . . . .
4.
5.
Mutual Duties of County and City.
N.
1-
2.
3.
Participation in Commission.
Land Use Permits.
Regional Waste Stream.
System Financing. .
1-
2.
3.
4.
5.
Tip Fee Charge.
Non-Signatory City: Economic Risk
Surcharge. . . . . . . . . .
Grace Period/Buy-In Provisions~
Solid Waste Facility Fee.
Mitigation Fee.
Term. . . . . .
1-
2.
Automatic Renewal Provision.
Early Termination.
Liability.
1-
2.
. . . . . .
Operating Facilities and Future Facilities.
Non-Operating Facilities
Newly Incorporated cities.
1-
2.
Ninety Days to Approve Agreement. .
Terms and Conditions of Incorporation
t.,...((
VI.
A.
C.
D.
E.
F.
TABLE OF CONTENTS
Miscellaneous.
. . . . . . . . . . . . . . . .
. . . . .
Rights of Holders of System Obligations.
B.
Notices.
. . . . .
. . . . . . .
Entitlement to Subsequent Notices.
Entire Agreement. . .
Authority of Parties.
Option to Include More Beneficial provisions
in Other Agreements. . .
~ ,.. / Dl..
Paae
24
24
".
24
25
25
25
25
25
25
25
26
26
26
26
26
I
7
February 16, 1993
AGREEMENT BETWEEN THE CITY OF
AND THE COUNTY OF SAN DIEGO CONCERNING DELIVERY OF
SOLID WASTE TO COUNTY FACILITIES AND
THE ESTABLISHMENT OF THE SAN DIEGO COUNTY
SOLID WASTE COMMISSION
("Participation Agreement")
I. Parties.
This Agreement ("Agreement"), dated as of February 16, 1993
for the purposes of reference only and effective according to its
terms after execution between the city of , a municipal
corporation of the State of California ("City"), and the County of
San Diego ("County"), is made with reference to the following
facts:
II. Recitals.
A. The County currently owns or leases and operates,
directly and through contracts, a solid waste management and
disposal system, consisting of landfills, resource recovery
facilities, transfer stations and other facilities used for
transportation, management and disposal of solid wastes. These
facilities are referred to as the "Operating Facilities" and listed
in Exhibit I.
The County is, or may come to be, fully or partially
responsible for closing, remediating, monitoring and/or maintaining
certain former solid waste disposal facilities which no longer
accept wastes for disposal. These facilities, which mayor may not
currently be owned by the County, are referred to as the
"Non-operating Facilities." ,
The County proposes to design, construct, own and/or operate
additional solid waste management and disposal facilities in the
future. These facilities are referred to as the "}<'uture
Facilities."
The Operating Facilities, Non-operating Facilities and the
Future Facilities may COllectively be referred to as the "System."
B. The California Integrated Waste Management Act of 1989
(Public Resources Code SS 40000 et seq.) caused cities and counties
in California to address solid waste disposal through methods other
than primarily landfilling, as was done in the past. Many of the
alternate integrated solid waste methods use more capital-intensive
approaches, such as recycling, resource recovery, and composting;
and,
1
/0' -1.3
\)
C. To support financing for the current operation and future
expansion of the County Solid Waste System, the County System must
be able to rely on a consistent amount of Solid Waste: and,
D. Residents of city, including both individual, business
and public entities (including City itself), generate various forms
of waste material, including Solid Waste: and,
E. city has let a franchise or made other arrangements for
the collection and disposal of its Solid Waste: and,
F. City has agreed that disposal of certain city Solid Waste
which is legally acceptable for disposal at a Class III landfill
under such laws or regulations as are in effect at the time of
disposal shall be disposed of at the County's Operating Facilities
and Future Facilities, as more fully described and under the terms
and conditions set forth herein, and
G. The County has agreed to permit city, and other cities
within the County other than the City of San Diego, to participate
in certain management and pl~nning decisions, as more fully
described and under the terms and conditions set forth herein.
Now, therefore, the parties hereto agree as follows:
III. Definition Section.
A. Acceptable Waste.
not Self-Hauled Waste or
governmental body.
That portion of Solid Waste which is
Solid Waste generated by any other
B.
County.
Agreement.
This Agreement between the City and the
C. Annual Budget. The County's annual budget for the Solid
Waste Enterprise Fund and the, County's Department of' Public Works,
Solid Waste Division, or its successor.
D. Capacity. The volume of available space or processing
capability for which the System has currently, or at any given time
in the future, received its Facility operating permits.
E. Capital Improvement Plan. A plan for the establishment,
repair, replacement, improvement, or retirement of Facilities in
the system, other than normal maintenance of the Facilities, and
for acquisitions of interests in real property in excess of
$500,000 with funds from, or debt secured, by the Solid Waste
Enterprise Fund, in accordance with the Countywide Integrated Waste
Management Plan.
F. City. As defined in Section I of this Agreement.
2
""If
G. City Haulers. Privately owned companies
employees engaged in the collection and transportation
Waste within City, in an average amount in excess of 50
month, calculated annually.
H. Commission. The San Diego County Solid Waste Commission
as formed by this Agreement.
or Ci ty
of Solid
tons per
I. County. The County of San Diego, a political subdivision
of the State of california and party to this Agreement.
J. County Haulers. Privately owned companies or County
employees engaged in the collection and transportation of Solid
Waste within the unincorporated area of the County of San Diego, in
an average amount in excess of 50 tons per month, calculated
annually.
K. Countywide Integrated Waste Management Plan, or "CIWMP."
The plan prepared and adopted pursuant to Public Resources Code SS
41750 et sea. for the management, transportation and disposal of
Solid Waste within the Region.
L.
Agencies
V.N.2.
Economic Risk Surcharge. The amount assessed Non-Member
after June 1, 1993, as determined according to Section
M. Effective Date. The date on which all of the conditions
precedent set forth in Section IV. of this Agreement have been
satisfied.
N. Facility. An individual collection, processing, transfer
or disposal unit of the System, including Non-Operating Facilities,
Operating Facilities and Future Facilities.
[
o. Facility Fees. Fees paid pursuant to Section V.N.4. of
this Agreement. Also referred to as "Solid Waste Facility Fees."
P.
Facilities.
Two or more individual units of the System.
Q. Financing Plan. The determination of. the types of
financing that will be required to pay for implementation of the
Capital Improvement Plan, including short-term and long-term
indebtedness.
R. Flow Control Covenant. That portion of this Agreement,
Section IV.K., requiring Member Agencies to direct or cause to be
directed their Acceptable Waste to the System.
S. Future Facilities. As defined in Section II. A. of the
Agreement.
3
",..IS-
T. Member Agency. Any city within the County that has
signed a Participation Agreement, or the County, but not a city
with which a Participation Agreement has been terminated for any
reason.
U. Member Agency Acceptable Waste. Acceptable Waste
generated within the geographical boundaries of the Member Agency.
With respect to the County, the geographical boundaries referred to
in this definition shall be limited to the unincorporated area of
the Region.
V. Member City. Any city that has signed a Participation
Agreement with the County of San Diego.
W. Non-Operating Facilities. As defined in Section II. A.
of this Agreement.
x. Non-Signatory city. Any city within the County that
does not sign a Participation Agreement with the County, or a city
with which this Agreement has been terminated for any reason.
Y. Operating Facilities. As defined in section II. A. of
this Agreement.
z. Participation Agreements. Agreements executed between
the County and Member cities which are substantially identical to
this Agreement.
AA. Processing. Reduction, separation,
conversion, or recycling of Solid Waste.
recovery,
AB. Ratepayers. Residents of City, or of the unincorporated
area, including both individual, business and public entities.
AC. Recycling Residue. That portion of the Solid Waste
stream which results from the processing of recyclable materials or
Solid Waste. ' --
AD. Region. The entire geographical area of the County of
San Diego, including all incorporated areas.
AE. Regular Vote. A method of voting by the Commission, in
which each Member Agency has one vote.
AF. Self-hauled Waste.
~nd transported or disposed
County Hauler.
Solid Waste generated by any person
of by other than a City Hauler or a
4
(p.. {b
AG. Solid Waste. Waste which is garbage, refuse, waste and
other matter which is legally acceptable at a Class III landfill
pursuant to California Code of Regulations Title 23, Subchapter 15
or under such laws or regulations as are in effect at the time of
disposal.
AH. Solid Waste Enterprise Fund. An existing fund, separate
from the County's General Fund, established and held by the County
separate from its other funds and accounts for receipts and
disbursements in connection with the System, established pursuant
to Government Code S 25261.
AI. Solid Waste Facility Fees. See definition of Facility
Fees.
AJ. System. Operating Facilities, Non-operating Facilities,
and Future Facilities.
AK. System Agreement. System Agreement means any obligation
of the County at any time existing under any applicable law or any
contract, lease, loan or other agreement with any person relating
to or affecting the System, the Participation Agreements or the
Solid Waste Enterprise Fund, including without limitation all
System Obligations.
AL. System Obligation. System Obligation means all bonds,
notes, certificates or other obligations issued by any person to
finance capital or other costs of the System and the resolutions,
ordinances, indentures and other authorization instruments under
which such obligations were issued.
AM. Tip Fee. The fee charged by the County for disposal or
Processing of Solid Waste at Facilities.
IV. Conditions Precedent, Effective Date.
,
If the following conditions are met by May 15, 1993, the
rights and duties between city and the County as are set forth in
this Agreement shall exist; otherwise they shall be of no further
force and effect whatsoever. .
A. Threshold Level of Participation: A number of cities,
excluding the City of San Diego, which have a combined population
equal to or greater than the population of the unincorporated area
of the County shall have executed and thereby agreed to the terms
of this Agreement. For the purpose of this section, the population
of each jurisdiction is that which was reported by the San Diego
Association of Governments ("SANDAG") on July 1, 1992, as shown on
Exhibit II.
5
~ -/7
B. Execution of this Agreement shall be authorized by a
majority vote of the legislative body of city. .
The date upon which these conditions precedent are met shall
be the effective date of this Agreement.
V. Agreement.
As soon as feasible after the effective date, pursuant to
Section IV., the County will notify all Member Agencies that the
conditions precedent have been satisfied and the following shall be
the rights and duties between the parties:
A. Establishment of Solid Waste Commission.
1. Creation and Membership.
There is hereby created the San Diego County Solid Waste
Commission. The Commission shall consist of one member from the
County of San Diego and one member from each Member City.
The County member shall be a member of the Board of
Supervisors and the cities I members shall be members of their
respective City Councils. All Commission Members shall be
appointed by their respective governing bodies. A member of the
San Diego City Council may serve as an ex-officio non-voting
member. .
The County or a Member City may select a Commission
alternate from among the group from which Commission Members may be
selected, who may attend Commission meetings, and act in all
regards as the Commission Member from that Member Agency in the
absence of the Commission Member.
2. Authori ty .
The parties to this Agreement are jointly exercising
powers common to each of them under the authority .of the Joint
Exercise of Powers Act as contained in Government. Code Section
6500; et sea. In exercising such common powers, the Hall'.ber
Agencies shall individually and collectively act in accordance with
Applicable Law.
3. Purpose.
The purpose of this Agreement is to provide for the long
term management of Solid Waste generated within Member cities and
within the unincorporated areas of the County.
6
\,,11'
B. Commission structure; Voting; Administration.
L By-Laws.
The Commission shall adopt by-laws that are consistent
with and implement the provisions of this Agreement to govern their
internal operation including, but not limited to, electing
officers, procedures for calling special meetings, taking minutes,
establishing regular meeting dates, establishing a dispute
resolution process consistent with the terms and conditions of this
Agreement and reimbursement of reasonable and necessary expenses
from the Solid Waste Enterprise Fund as authorized by the
Commission. The Commission shall be subject to the Ralph M. Brown
Act (Gov. Code SS 54950 et sea.).
a. The Commission shall meet at least twice a year
on established regular meeting dates. .
b. Special meetings may be called at the request
of three Commission members with a minimum of 72 hours notice to
all Commission members.
2. Quorum and Vote.
a. A majority of
constitute a quorum. A quorum must
any items before the Commission. .
the Member Agencies shall
be present to take action on
b. The Commission shall vote on all items on the
basis of one vote per Member Agency ("Regular Vote"). Actions
shall be determined by a majority vote of Member Agencies. If
three Member Agencies request a "Weighted Vote" after voting on any
particular item, then in that event a Weighted Vote, which will be
final and binding, shall be taken.
3.
Weighted Vote.
,
Weighted votes are to be based on the population of each
Member Agency as reported by SANDAG on July 1 of each year. When
the Weighted Vote is taken there shall be a total of one hundred
votes. Each Member Agency shall have that number of votes
determined by the apportionment formula, set forth in Exhibit III,
provided that each Member Agency shall have at least one vote, no
Member Agency shall have more than 40 votes and there shall be no
fractional vote. .
When a Weighted Vote is taken, the vote of at least one-
third of the Member Agencies, representing not less than fifty-one
percent (51%) of the total Weighted Vote shall be required to
supersede the Regular Vote. If the Weighted Vote fails, action
determined by the Regular Vote shall stand.
7
/..., .../'7
4. Solid Waste Management Committee.
A Solid Waste Management Committee consisting of the
Chief Administrator/Manager of each Member Agency, or designee is
hereby formed. This Committee shall provide staff review, analysis
and make recommendations on all material being forwarded to the
Commission. The City Manager of the city of San Diego, or
designee, may serve as an eX-Officio, non-voting member. A
representative of the San Diego County Disposal Association may
serve as an Advisory/Liaison non-voting member.
5. Commission Staff.
The County Solid Waste Division of the Department of
Public Works, or its successors, shall function as the staff for
the Commission.
C. Commission Approval Authority.
1. Powers and Duties.
The County and City hereby acknowledge that, except as
provided in Section V.C.2, the Commission shall have the following
duties, rights, powers and responsibilities set forth in this
Section, and that any decision lawfully taken hereunder by the
Commission in accordance with ,procedures set forth in this
Agreement shall be final and binding on the County and other Member
Agencies:
a.
Improvement Plan;
The establishment of the five year Capital
b. The review of the Capital Improvement
least annually, and, if necessary in the judgment
Commission, modification of the Capital Improvement Plan;
Plan at
of the
.
c. The establishment of the Financing Plan;
d. The review of the Financing Plan at least
<:-nnually, and, if necessary 'in the judgment of the Commission,
modification of the Financing Plan; ,
e. The selection and approval
alternative sites for Future Facilities, subject to
land use authority of the appropriate agencies;
of preferred
the permit and
f. The use of any Solid Waste disposal technology
or system other than sanitary landfilling for the disposal of
Acceptable Waste;
g. The disposal of Member Agency Acceptable Waste
outside the System, consistent with the Service Covenant;
8
t,->>;
h. The funding of the County office recycling
program, code enforcement in the unincorporated areas of the
County, or the household hazardous waste collection program through
the Tip Fee;
i. The decision whether to participate in a Solid
Waste management/processing facility at Donovan State Prison;
j. The awarding of Technical Assistance Program
Grants:
k. The determination of how recycling credits
achieved by the System for use. of the North County Resource
Recovery Associates recycling facility at the San Marcos Landfill
would be spread among Member Agencies for purposes of complying
with state-mandated recycling objectives:
1. The determination of whether and how costs
should be distributed between cities. which are substantially
developed and cities which are not substantially developed, such as
landfill closure and post closure costs and costs for new Capacity
required by growth in the wastestream. within six months of its
establishment, the Commission shall select and the County shall
retain a consultant to address this "equity" issue. The Solid
Waste Enterprise Fund shall pay for the costs of said consultant.
The Commission shall consider in good faith various alternatives to
address this issue, determine the most appropriate mechanisms to
resolve the issue, and recommend to the Member Agencies the
appropriate resolution:
m. The determination of the amount of the Economic
Risk Surcharge to be assessed, in accordance with Section V.N.2. of
this Agreement:
n. The determination of the "buy-in" restrictions,
in accordance with Section V.N.3. of this Agreement;
o. The determination of the appropriate charges or
penalties to be assessed against Member Agencies for leaving the
commission to the extent such determination is not in conflict with
the terms and conditions of this Agreement: and
p. The timing of management audits to be conducted
pursuant to Section V.L.2. of this Agreement.
2. Emergency and Other Exceptions.
The approval of the Commission shall not be required for
any action which the County determines, in its good faith judgment,
is required to be taken by the County to allow the County to (a)
comply with applicable law, this Agreement, or any System
Agreement, (b) to mitigate or remedy the consequences of any
9
{."J-/
emergency condition, natural disaster or other uncontrollable
circumstance or (cl to prosecute, defend or settle any litigation
against the County. In the event the County determines that it is
necessary to take any such action without the approval of the
Commission, which approval would be required by the terms of this
Section but for the provisions of this subsection, the County shall
notify the Commission in writing of its determination and the
reasons therefor. The County shall, to the extent practicable in
the circumstances, take into account the matters raised by the
Commission in any written response to the County's notice. .
D. Commission Review and Recommendation Authority.
The Commission may from time to time review and make
recommendations to the County Board of Supervisors regarding the
following policy and implementation matters, which are the ultimate
responsibility of the County:
1. Formulation and implementation of siting elements of
the Countywide Integrated Waste Management Plan.
2. Formulation and implementation of the annual work
plan for the Department of Public Works, Solid Waste Division, or
its successors,
3. Formulation and implementation of the Annual Budget,
4. Changes in the Tip Fee,
5. The awarding of Tonnage Grants to cities for the
curbside collection of recyclable materials,
6. The determination of whether Future Facilities shall
be County-owned or privately owned,
other issues may be brought before the Commission for their
review and recommendation to the Board of Supervisors by a request
of three Commission Members.
E. Reservation of Powers and Responsibilities.
Any powers not explicitly transferred to the Commission by
this Agreement are reserved to the County. In addition, the
approval of the Commission shall not be required with respect to
the approximately $53.2 million already approved by the County
Board of Supervisors for financing the San Marcos Landfill
Expansion, acquiring the Vista Transfer Station, acquiring the
Ramona Buffer Zone, or acquiring the San Ysidro Burn Site.
10
, ' ;.. 2..
F. No Authority to Breach System Agreement.
The powers of the Commission shall not be exercised in such a
way as to cause a breach or default by the County under any System
Agreement. Existing System Agreements, exclusive of litigation
settlements, are set forth on Exhibit IV. However, the Commission
may request the County to amend, modify, revoke or terminate any
System Agreement with a third party provided the Commission has
approved financing all costs associated with said amendment,
modification, revocation or termination. Upon receipt of such
request, the County will use good faith, including incurring Solid
Waste Enterprise Fund expense proposed for financing, to amend,
modify, revoke or terminate such system Agreement and the County
shall advise the Commission of its efforts and progress in such
matters.
G. Commission Maintenance of Subregional Landfill System.
In adopting the Capital Improvement Plan and Financing Plan,
and in establishing major policies, the Commission shall to the
extent possible maintain at least three landfills, one for each
major subregion of the County (North, East and South).
H. Commission Duty to Provide Capacity.
The Commission shall, during the term of this Agreement, and
to the extent possible provide sufficient Capacity for all Member
Agencies to allow the disposal of their Acceptable Waste in the
System.
I. Allocation of Closure and Post Closure Costs.
As to those Non-Signatory cities, or Member Cities which have
left the System, the Commission shall require, through tip fees,
buyout charges, or otherwise, each such city to pay for its
proportionate share of closure and post closure costs.
J. No Obligation to Non-Signatory cities.
To the extent allowable under applicable state and federal
laws and regulations, neither the County nor the 'commission is
obligated to provide Solid Waste management facilities and services
to Non-Signatory cities.
K. Flow Control Obligations.
1. Delivery of Acceptable Waste to the System.
The City and the County each shall deliver or cause to be
delivered all Acceptable Waste generated within their respective
jurisdictions to such Facilities within the System as County shall
reasonably designate (Flow Control Covenant). For purposes of this
section, the County's jurisdiction shall be deemed to consist of
the unincorporated area.
11
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2. Waste Flow Enforcement.
The City and the County each shall establish, implement
and carry out a waste flow enforcement program which is sufficient
to assure compliance with the Flow Control Covenant. This program
may include to the extent necessary and appropriate in the
circumstances, but shall not be limited to, (1) licensing,
permitting or franchising haulers (on an exclusive 'or nonexclusive
basis), upon the condition of compliance with the Flow Control
Covenant, (2) adopting ordinances or resolutions requiring
compliance with the Flow Control Covenant, and (3) taking
enforcement actions under any such license, permit, franchise,
ordinance or resolution. Direct municipal collection of Acceptable
Waste shall not be required hereunder unless all other available
means and methods of enforcing the Flow Control Covenant have been
unsuccessful. If any event or circumstance (including without
limitation a change or adverse interpretation of applicable law)
impairs or precludes compliance with the Flow Control Covenant by
the means or methods then being employed by the affected party,
such party shall implement alternative or substitute means and
methods to enable it to lawfully satisfy the terms and conditions
of the Flow Control Covenant. If a change or interpretation in
applicable law impairs or precludes either party from complying
with the Flow Control Covenant by any means, such party shall use
its best efforts, to the extent practicable and subject to
indemnification by the County as provided in paragraph 3 below, to
effectuate executive, legislative or judicial change in or relief
from the applicability of such law so as to enable City lawfully to.
resume compliance with the Flow Control Covenant as soon as
possible following such change or interpretation of applicable law.
Compliance by the affected party with its obligations under this
paragraph shall be deemed sufficient to satisfy the its obligation
to enforce the Flow Control Covenant.
3. Power to Exercise Flow Control.
,
The affected party represents that it has the right,
power and authority under applicable law to enter.into, comply
with, implement and enforce the Flow Control Covenant. Each party
shall use good faith and best efforts to preserve, protect and
defend its right and power to enter into, comply with, implement
and enforce the Flow Control Covenant in accordance herewith
against any challenge thereto, legal or otherwise (including any
lawsui ts by or against such party, whether as plaintiff or
defendant) by any person based upon breach of contract, violation
of law or any other theory. If ~ny such challenge raises issues
common to the Member Agencies under the Participation Agreements,
an adverse outcome of which may have a material and adverse effect
on the System as determined by the Commission, the County through
the Solid Waste Enterprise Fund shall indemnify and hold harmless
the affected party from the reasonable costs, fees and expenses
properly allocable to defending such right and power.
12
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4. Consistency of Agreements.
As soon as practicable after the Effective Date, all
licenses, permits, contracts, agreements, leases, franchises,
ordinances and resolutions of the affected party which are lawfully
in effect with or pertaining to any person relating to or affecting
Acceptable Waste shall, if and to the extent necessary, be amended
to provide explicitly that the affected party shall have the right
without material restriction to direct the delivery of all
Acceptable Waste to the System in accordance with the Flow Control
Covenant. On and after the Effective Date, the affected party
shall not enter into, issue or adopt any license, permit, contract,
agreement, lease, franchise, ordinance or resolution which is
materially inconsistent with the Flow Control Covenant.
5. Exception for Recycling Activities.
Notwithstanding any provision of this Agreement to the
contrary, each Member Agency shall have the right, without penalty,
to recycle (as defined at Public Resource Code S 40180) any Solid
Waste (as defined at Public Resources Code S 40191) by any means
selected by the Member Agency and any such recycled material shall
be excluded from the commitment otherwise made to the System by
this Agreement. However, if the residue of the recycling process
which can legally be disposed of at a Class III landfill exceeds
five percent (5%) of such recycled material, such process residue
shall be returned to the System for disposal unless exempted by the
County.
L. County's Duties.
1. Guaranteed Disposal.
a. Service Covenant.
(1) The County, through the-- Solid Waste
Enterprise Fund, shall continue to provide or cause to be provided
the service of management, handling and disposal of all Solid Waste
generated within the Region for Member Agencies (the "Service
Covenant"). The County shall carry cut this Service Covenant
through the System, including but not limited to the construction
and operation of Facilities, through the use of County agreements,
using such technologies and upon such terms and conditions as the
County determines, consistent with the decisions of the Commission,
and in a manner which will not impair the ability of the County to
comply with this Service Covenant.
13
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(2) Nothing in this Agreement shall be deemed
to prohibit or preclude the County through the Solid Waste
Enterprise Fund from providing management, handling and disposal of
Solid Waste generated outside of the Region or preclude the County
from disposing of Member Agency generated Solid Waste at disposal
Facilities located outside the Region; provided that the County
will not provide such Solid Waste management, handling and disposal
services that would have an adverse effect on the County's ability
to meet its obligations related to this Service Covenant.
b. Compliance with Service Covenant.
The obligation of the County to observe and comply
with this Service Covenant shall apply continuously and without
interruption for so long as this Agreement is in effect. The
County will not adopt an ordinance or resolution or take other
official action that breaches the obligations of the County under
this Agreement. If any event or circumstance (including without
limitation a force majeure event) or a change or adverse
interpretation of applicable law impairs or precludes compliance
with this covenant by the means or methods then being employed by
the County, the County shall implement alternative or substitute
means and methods to enable it to satisfy the terms and conditions
of this covenant. In the event that a change in applicable law
impairs or precludes the County from complying with this covenant
with the means or methods then being employed and from utilizing
alternate or substitute means or methods of compliance, the County
shall continuously use its best efforts, to the extent practicable,
to effectuate executive, legislative or judicial change in or
relief from the applicability of such law so as to enable the
County lawfully to resume compliance with this covenant as soon as
possible following the change in applicable law. .The exercise of
such best efforts by the County under such circumstances shall be
deemed to be sufficient to satisfy this Service Covenant.
2. Financial Statement and Management Audit.
,
The County shall provide to the Commission an annual
financial statement of the Solid Waste Enterprise Fund. The
Commission shall select and the County shall retain a consultant to
do a management audit on a schedule as determined by the
Commission.
3. Implementation of Policies and Plans Adopted by the
Commission.
County shall implement the policies, Capital Improvement
Plans and Financing Plan made or adopted by the Commission to the
extent that such decisions and plans are within the authority of
the Commission, and to the extent that they are consistent with the
Countywide Integrated Waste Management Plan.
14
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4. Amendments to the Countywide Integrated Waste
Management Plan.
The County shall initiate any amendments to the
Countywide Integrated Waste Management Plan necessary to implement
the decisions of the Commission.
5. San Diego Agreement.
The County will negotiate a separate agreement with the
City of San Diego which reflects the City of San Diego's unique
role in regional waste management issues. Such agreement will be
brought before the Commission for review and comment prior to
adoption.
M. Mutual Duties of County and City.
1. Participation in Commission.
County and City agrees to participate in good faith in
the activities of the Commission, and in such a manner that
conforms to the spirit, intent and general premises of this
Agreement.
2. Land Use Permits.
Nothing in this Agreement
obligating the County or a city to grant
facility.
shall be construed as
a permit for a Solid Waste
County shall use good faith and in full cooperation with
the policy direction of the Commission, to obtain such Permits as
are necessary to provide sufficient Capacity in the most economical
manner available to meet the ~olid Waste disposal needs of the
Member Agencies.
,
3. Regional Waste stream.
On the condition that the Commission and County are
attempting in good faith to implement the subregional landfill
objective, a Member Agency shall not object to the direction of
Acceptable Waste to any Facility based on geographic origin.
15
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N. System Financing.
1. Tip Fee Charge.
a. Tip Fee to Member Agency.
The Tip Fee charged by the County for the disposal
of Acceptable Waste within the System shall be sufficient to fund
the reasonable and necessary costs for operation, management and
financing of the System. Such costs include, but are not limited
to: design, planning, construction, acquisition, operations,
maintenance, replacement, repair, management, administration,
closure and. monitoring of Operating Facilities, Non-operating
Facilities and Future Facilities, State required reserves for
development of replacement facilities consistent with the Capital
Improvement and Financing Plans and closure of Non-operating
Facilities; Facility Fees; Mitigation Fees; recycling programs;
household hazardous waste programs; liabilities, judgments and
settlement payments; indemnities payable under any Participation
Agreement or other System Agreement; development of Future
Facilities for the safe and sanitary management of solid wastes
consistent with the Capital Improvement and Financing Plans; and
all other costs of the System required to be paid under any System
Agreement.
b. Other Facility Tip Fees.
The Tip Fee charged by the County for the disposal
of Member Agency Acceptable Waste at similar types of facilities
shall be the same as charged for Solid Waste generated from the
unincorporated area of the County. In addition, Tip Fees for
Facilities accepting similar types of waste (for instance, Solid
Waste, yard or "green" waste, or tires) shall be the same
regardless of location.
2. Non-Signatory City: Economic Risk Surcharge.
County agrees to assess a surcharge beginning June 1,
1993 on Solid Waste from any city which does not sign this
Agreement. From June 1, 1993 to June 1, 1994 the surcharge shall
not exceed fifty percent (50%) of the Tip Fee in effect at the time
of the transaction. After that time, the Commission shall annually
review and determine the Economic Risk Surcharge. For the purpose
of this calculation the Tip Fee does not include the Solid Waste
Facility Fee or the Mitigation Fee. The surcharge is a method to
offset any increased costs to the system and account for any
economic risks created by the Non-Signatory City continuing to use
the System. The criteria used to establish the Economic Risk
SurCharge include but are not limited to: capital charges, the
increased depletion rate of landfill capacity and timing effects.
The surcharge shall only be used to pay for the costs of the
operation, management and financing of the System.
16
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3. Grace Period/Buy-In Provisions.
Until December 31, 1993, Non-Signatory cities may
determine to sign this Agreement without condition or penalty.
However, during this grace period, Non-Signatory cities shall pay
the Economic Risk Surcharge and shall be ineligible to participate
in decision making. After December 31, 1993 the Commission shall
determine under what conditions Non-Signatory cities shall be
allowed to sign this Agreement.
4. Solid Waste Facility Fee.
a. The jurisdiction in which a Facility is located
shall be paid a Facility Fee for each ton of waste delivered for
Processing at such Facility. The Facility Fee shall initially be
set at an amount equivalent to the appropriate percentage for the
facility type (as described below), as that percentage of the Tip
Fee in effect on January 1, 1993. Thereafter, the Facility Fee
shall be adjusted automatically and concurrently with any increase
in the Tip Fee, by an amount equal to the percentage increase in
the Tip Fee but not greater than five percent (5%) of the then
current Facility Fee, whichever is less.
b. Facility types and percentage of the Tip Fee* (In
effect on January 1, 1993):
o Landfill = 10% of Tip Fee ($2.80)
o Mixed Solid Waste Material Recovery Facility
= 7.5% of Tip Fee ($2.10)
o Transfer Station = 5% of Tip Fee ($1.40)
*For the purpose of the calculation in this section, the Tip Fee
does not include the Facility Fee or the Mitigation Fee.
If a jurisdiction has more than one Facility at the same location,
or contiguous location, it, would receive ~he higher of the
applicable Facility Fees, but not more than one Facility Fee.
c. The Facility Fee for all Future Facilities shall be
the Facility Fee for that type facility as of January 1, 1993 with
adjustments as described in subsection a, above.
5. Mitigation Fee.
Commencing July 1, 1993 the County agrees to collect as
part of the Tip Fee a Mitigation Fee which is five percent (5%) of
the Tip Fee in effect on January 1, 1993. Thereafter, the
Mitigation Fee shall be adjusted automatically and concurrently
with any increase in the Tip Fee, by an amount equal to the
percentage increase in the Tip Fee or an amount not greater than
five percent (5%) of the then current Mitigation Fee, whichever is
less.
17
"'.2.'1
Any jurisdiction may apply for the Mitigation Fee which
must be for a specific project to correct a documented impact
ar~s~ng from a Facility. However, no Mitigation Fee shall be
granted for a mitigation measure which is required for compliance
with the California Environmental Quality Act ("CEQA") or any other
regulatory process. Moreover, any jurisdiction which is receiving
a Facility Fee for a particular Facility would not be eligible to
apply for a Mitigation Fee for that same Facility. The application
process and the apportionment formula shall be determined by the
Commission.
O. Term.
The term of this Agreement is for twenty (20) years from the
Effective Date, unless extended or terminated as provided below.
1. Automatic Renewal Provision.
The term shall be automatically renewed for a period of
one year on the first day of the first January after the Effective
Date, and for an additional period of one year thereafter on the
first day of each January thereafter unless written notice of
nonrenewal is served by City on the County at least 90 days prior
to said date or written notice of nonrenewal is served by the
County on City at least 60 days prior to said date. Under no
circumstances shall a notice of renewal to either party be required
to effectuate the automatic renewal of this Agreement. If either
party serves notice of intent in any year not to renew this
Agreement, this Agreement shall remain in effect for twenty years
after the next automatic renewal date.
2. Early Termination.
The County may not terminate this Agreement within the
initial 20-year term. City may request and be granted early
termination according to the ,provisions of this subsection.
a. Conditions Precedent to Filing.
If City desires to terminate this Agreement before
the expiration of the remaining term, it may do so according to the
following procedures.
b. City's Obligation to Meet and Confer.
Prior to filing a petition for early termination,
City shall meet and confer diligently and in good faith with the
County and the Commission to discuss the reasons for the proposed
termination, including, but not limited to the following issues:
18
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(1) The alternate means of Solid Waste
disposal which is reasonably available to City over the remaining
Term.
(2) Giving the Commission the opportunity to
employ said alternate form in the System.
(3) The impacts on the System of the
withdrawal of city from the System.
(4) The terms and conditions, and the date
for, early termination. In this regard, City shall be given every
available opportunity to mitigate the impacts of its withdrawal
from the System.
c. Commission's Duty to Meet and Confer.
The Commission shall diligently and in good faith
meet and confer with the petitioning Member City.
d. City Adopts Resolution.
After the meet and confer process has concluded,
City shall have the right to petition for an early termination of
this Agreement after a noticed public hearing, including notice to
the Commission, and the City Council adopts a resolution to
petition the Commission for early' termination.
e. City Files Petition.
The petition shall include the following provisions:
(1) A copy of the resolution.
(2) A detailed statement of the reasons for
the proposed termination of the Agreement. ,
(3) A detailed description of the means which
City will use to dispose of its Solid Waste after termination is
granted and an indication of 'whether such means are available to
other Member Agencies.
(4) Such other information as the rules of the
Commission may require.
f. Duty to Formulate Terms and Conditions for
Early Termination.
The Commission, following a public hearing, shall
formulate the tentative terms and conditions for early termination
of this Agreement with City. The Commission shall meet and confer
in good faith with City regarding the Tentative Conditions.
19
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g. Terms and Conditions for Tentative and Final
withdrawal.
The Commission shall set such terms and conditions
as are reasonably necessary to mitigate any impact on the System of
the withdrawal of City sooner than the expiration of the remaining
term, including but not limited to the following factors:
(1) The present value of closure and post
closure costs for System Facilities in excess of the amount for
which reserves have previously been set aside.
(2) The impact on any existing System
Agreement, that will be caused by the loss of tip fees contributed
from the disposal of City's Acceptable Waste.
(3) The date at which termination should be
granted to reasonably avoid impairment of any System Obligation.
The Commission shall not set a date for early withdrawal sooner
than 5 years from the date withdrawal is finally approved.
(4) The present value of City's contribution
toward System Facilities, reserve funds, closure and post closure
costs, and remaining landfill capacity, any or all of which will
inure to the benefit of the System following withdrawal.
(5) No withdrawal shall be permitted by the
Commission except on terms and conditions which are certified by an
independent consultant approved by the holders of the System
Obligations or their respective fiduciaries, taking into account
all uncertainties and contingencies as to future System revenues
and expenses, to have no material and adverse financial impact on
the holders of the System Obligations or on Member Agencies. Any
withdrawal which would have the effect of lowering any then current
credit rating on System Obligations shall be deemed to be material
and adverse. ,
h.
Method of
Conditions.
Compliance
with
Termination
City, with the Commission's approval, may utilize
any combination of methods for mitigating the System impacts,
including but not limited to the following:
(1) Cash payment; or
(2) Continuing disposal of a portion of City's
Acceptable Waste at a non-signatory tip fee.
Such methods for payment shall be sufficient to
avoid impact on the System's financial condition.
20
[,'32.
i. Duty to Offer Termination to All Member cities.
After approval of the Tentative Conditions by the
Commission, the Commission shall solicit all Member cities to see
if they have an interest in early termination on the same terms and
conditions as in the Tentative Conditions. Other Member Cities
shall have 60 days to request early termination based on the
Tentative Conditions.
If any other Member Cities request early
termination, the Commission shall recalculate the impact on the
System of City's withdrawal taken in conjunction with all other
Member Cities desiring early termination, and shall thereafter
formulate, in negotiation with all such cities, a set of final
terms and conditions for early termination which shall receive the
approval of the Commission.
After compliance with the foregoing procedures, the
Commission shall grant all withdrawing Member Cities an early
termination on the Final Conditions, and no withdrawing Member City
may terminate except upon acceptance of said Final Conditions.
j.
Right of Withdrawing Member
Participate in the Commission.
City
to
After requesting early termination, but before grant
of same, a withdrawing Member City'may participate in the decisions
of the Commission except as to decisions relating to the Tentative
and Final Conditions for its withdrawal. After early termination
is granted, but before it becomes effective according to its terms,
the withdrawing Member City shall be an ex-officio non-voting
member of the Commission. After the Agreement is terminated, the
Member City shall no longer be a member of the Commission.
k. Revocation of Early Termination Request.
,
A Member City requesting early termination shall be
entitled to revoke their request for early termination upon payment
of all costs incurred by the System in processing their request,
unless same are waived by the 'Commission.
P. Liability.
1. Operating Facilities and Future Facilities.
a. County Defense, Indemnity and Hold Harmless.
The County, through its Solid Waste Enterprise Fund,
shall defend, indemnify and hold harmless City, its elected and
appointed officers and employees, from and against all claims for
damages, liability, costs and expense (including, attorneys' fees)
resulting from or arising out of the activities of the Commission,
21
{,,33
the disposal at an Operating Facility or Future Facility of
Acceptable Waste generated by City or within City limits when
disposal is in accordance with the applicable rules and regulations
at the Facility.
This obligation shall consist solely of the burden
and expense of defending against claims and the incurring of
expenses (with counsel reasonably approved by the indemnified
parties), even if such claims or other proceedings are groundless,
false or fraudulent, and conducting all negotiations of any
description, and paying and discharging, when and as the same
become due, any and all judgments, penalties or other sums due
against City. City at its sole expense, may employ additional
counsel of its choice to associate with counsel representing the
County.
County I s obligation to indemnify shall be reduced to
the extent of the negligence or fault of City in connection with
the causation of the accident, occurrence or condition giving rise
to the claim. There shall be no duty to defend or indemnify if the
accident, occurrence or condition giving rise to the claim is
solely a result of the negligence, fault or activities of city.
b. Notice of Claim
If City shall become aware of or receive notice or
other communication concerning any actual, alleged, suspected or
threatened action which would trigger an indemnification obligation
on the part of the County pursuant to this section, including
without limitation, notice or other communication concerning any
actual or threatened litigation, investigation, claim, citation,
directive order, writ or injunction, City shall deliver to the
County, within 15 days of receipt of such notice or communication
by City, a written description of the substance of the notice or
communication, together with any documents evidencing the notice or
communication. Except as provided herein, rec~ipt ox such written
description shall not be deemed to create any obligation on the
part of the County to respond.
c. Contamination Claims.
This Section shall not apply in cases of lawsuits or
other actions taken under the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended by the Superfund
Amendments and Reauthorization Act of 1986 ("CERCLA"), 42 V.S.C. ~
9601 et~; the Resource Conservation and Recovery Act ("RCRA"),
42 V.S.C. ~ 9601 et ~; the Safe Drinking Water Toxic Enforcement
Act of 1986, California Health and Safety Code ~ 25249.5 et ~;
the Clean Water Act ("CWA"), 33 V.S.C. ~ 1251 et ~; the Safe
Drinking Water Act, 42 V.S.C. ~ 300f et ~; the Clean Air Act
("CAA"), 42 V.S.C. ~ 7401 et ~; the California Air Pollution
Control Law, California Health and Safety Code ~ 39000 et ~; the
22
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California Integrated Solid Waste Management Act ("ISWMA"),
California Public Resources Code S 44000 fi~: and plans, rules,
regulations or ordinances adopted, or other criteria and guidelines
promulgated pursuant to the preceding laws or other pollution
control laws, regulations, rule or ordinance now or hereafter in
effect.
d. First Response.
Notwithstanding the provisions of subsection c, the
County shall cause the Solid Waste Enterprise Fund to pay for any
costs, judgments, monetary damages, orders, decrees, or otherwise
legally imposed obligations of any Member cities resulting from or
arising out of the disposal at a Facility of waste generated by
City or within City limits including, but not limited to, cases of
lawsuits or other actions taken under CERCLA or RCRA, or similar
State Laws during the time that it is a Member City. city agrees
that the County may enforce its rights and defenses pursuant to
subsection c through an action in indemnity or contribution.
2. Non-Operating Facilities.
Nothing in this Agreement is intended to alter the
existing liabilities of any jurisdiction with respect to Non-
Operating Facilities, including the County's or a city's right of
contribution for CERCLA liability or damages against the County or
any other city or party. .
Q. Newly Incorporated Cities.
1. Ninety Days to Approve Agreement.
A City incorporated after the Effective Date of this
Agreement may, within 90 days of the effective date of
incorporation, elect to sign a Participation Agreement without
payment of a buy-in charge. During this 90-day period the City
shall not be assessed an Economic Risk Surcharge. A City which has
not signed a Participation Agreement within 90 days of the
effective date of incorporation shall be treated as a Non-
Signatory City.
2. Terms and Conditions of Incorporation.
The provisions of subparagraph 1 above shall not be
deemed to supersede any condition of incorporation determining that
the City succeeds to the obligations of the County imposed by the
Flow Control Covenant within the city's jurisdiction. In the
event such a condition is imposed, the City shall be deemed to have
signed this Agreement within the period specified above.
23
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VI. Miscellaneous.
A. Rights of Holders of System Obligations.
The City acknowledges that the holders of System
Obligations are third party beneficiaries to the covenants and
agreements of the Member Agencies herein: that such covenants and
agreements constitute a material element of the inducement of such
holders to the purchase of such System Obligations: that such
holders and their fiduciary shall be entitled independently to seek
and obtain jUdicial enforcement of any breach hereof by either
party hereto the effect of which causes or may cause a breach by
the County of any System Obligation: and that no amendment may be
made hereto which materially and adversely affects the rights of
the holders of System Obligations.
B. Notices.
All notices, demands or requests pursuant to this Agreement
shall be in writing. All notices, demands and requests to be sent
to any party shall be deemed to have been properly given or served
on the date actually received, if personally served or deposited in
the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the
addresses identified below.
Notices or documents sent to the County should be sent to:
County of San Diego Department of Public Works
Solid Waste Division (0383)
5555 Overland Avenue
San Diego, CA 92123
Attn: Deputy Director
with a copy to:
Office of County Counsel
1600 Pacific Highway, Room 355
San Diego, CA 92101-2469
Attention: County Counsel
Notices to the City should be sent to:
,
, CA
Attn: City Manager
With a copy to:
, CA
Attention: City Attorney
24
'" ~ 3h
C. Entitlement to Subsequent Notices.
No notice to, or demand on, the parties for notice of an event
not herein legally required to be given shall in itself create the
right in the parties to any other notice or demand in the same,
similar or other circumstance.
D. Entire Agreement.
This Agreement, together with any other written document
referred to or contemplated herein, embodies the entire Agreement
and understanding between the parties relating to the subject
matter hereto and may be modified only by written agreement signed
by all of the parties.
E. Authority of Parties.
Each signatory warrants that it has legal authority to enter
into this Agreement.
F. option to Include More Beneficial provisions in other
Agreements.
If, after City has signed this Agreement, another Member
City negotiates clauses or agreements different from other existing
agreements or more advantageous to itself, County shalli within
fifteen days after such clauses or agreements are executed, tender
an option to such cities to amend this Agreement to include these
same clauses or agreements to the extent applicable.
G. Modification.
Amendments, modifications, and waivers to this Agreement shall
be mutually agreed to in writing by the Parties and approved by
their respective legislative bodies.
,
H. Counterparts.
This Agreement may be executed in more than one counterpart,
each of which shall be deemed to be an original but all of which,
when taken together shall constitute but one instrument.
I. Non-Severability.
In the event that a substantive prov~s~on of this Agreement
shall be determined to be invalid, illegal, or unenforceable in any
respect, the parties hereto shall negotiate in good faith such
amendments, modifications, or supplements to this Agreement or such
other appropriate action as shall, to the maximum extent
practicable in light of such determination, implement and give
effect to the intentions of the parties as reflected herein. If
negotiations in good faith fail, the County will have the right to
terminate the Agreement.
25
G.-31
J. Headings.
The captions and headings in this Agreement are for
convenience only and shall not define or limit the provisions
hereof.
K. Waiver.
No breach of any prov~s~on herein can be waived unless in
writing. Waiver or anyone breach of any provision herein shall
not be deemed to be a waiver or any other breach of the same or
other provision hereof.
L. Remedies.
All Parties hereto shall have the right to commence any action
at law or equity, including specific performance, to remedy a
breach of the terms herein, provided that neither Party shall have
the right to terminate this Agreement except as provided herein.
M. Other Agreements.
This Agreement shall not be deemed to amend or alter the terms
of other agreements, whether existing or approved in the future,
between City and County, except as provided herein.
N. Exclusion of the City of San Diego.
The terms and conditions of this Agreement exclude the City of
San Diego unless otherwise expressly provided.
IN WITNESS WHEREOF, the City and County have signed this
Agreement as of the date first set forth above.
CITY OF
,
MAYOR
ATTEST:
CITY CLERK
COUNTY OF SAN DIEGO
By:
Title:
26
b-.:H
EXHIBIT II
SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG)
Member Aqency
County of San Diego
Chula vista
Oceanside
Escondido
El Cajon
vista
Carlsbad
National City
Encinitas
La Mesa
Santee
poway
San Marcos
Imperial Beach
Coronado
Lemon Grove
Solana Beach
Del Mar
July 1, 1992 Population
Poplation
419,988
141,778
138,469
112,851
90,241
75,780
65,661
58,632
56,530
54,043
53,853
45,389
42,778
27,138
26,683
24,660
13,189
4.983
1,452,646
(,,~3~
EXHIBIT 1
Operating Facilities
Active Landfills
San Marcos
Otay/Otay Annex
Sycamore
Borrego Springs
Ramona
Rural Container (Bin Transfer) Stations
Barrett Junction
Boulevard
Campo
Julian
Ocotillo Wells
Palomar Mountain
Ranchita
Sunshine Summit
Vallecito
Viejas
Landfill Gas Recovery Facilities (Inactive Landfills)
Bell Junior High
Bonsall (under construction) ,
Palomar Airport Landfill (design phase)
Other Facilities
North County Recycling and Waste Reduction Facility
(under construction)
Palomar Airport Transfer Station
(land and partial improvements)
15 acres of industrial land in the City of Vista
(land only - possible future transfer station)
~"'<fo
EXHXBXT XXX
APPORTXONMENT FORMULA
(1) Determine each Member Agency's population (as reported by
SANDAG on July 1 of each year). If any Member Agency has 40
percent or more of the total population of the Member Agencies,
allocate 40 votes to that Member Agency and follow step 2; if not,
follow step 3.
(2) Total the population of
determined in step 1 and compute
each Member Agency has.
the remaining Member Agencies
the percentage of this total that
(a) Multiply each percentage derived above by 60 to
determine fractional shares.
(b) Boost fractions that are less than one to one; add
the whole numbers.
(c) If the answer to step b. is 60, drop all fractions
and the whole numbers are the votes for each Member Agency.
(d) If the answer to step b is less than 60, the
remaining vote(s) is allocated one each to that Member Agency
having the highest fraction(s) excepting those whose vote was
increased to one (1) in step b. above.
(e) If the answer to step b. is more than 60, the excess
vote(s) is taken one each from the Member Agency with the lowest
fraction(s). In no case may a vote be reduced to less than one.
(3) Total the population determined in step 1 and compute the
percentage of this total that each Member Agency has.
-;,. "
(a) Boost fractions that are less than one to one; add
the whole numbers.
(b) If the answer to step a. is 100, drop all fractions
and the whole numbers are the votes for each Member Agency.
(c) If the answer to step a is less than 100, the
rema1n1ng vote (s) is allocated one each to that Member Agency
having the highest fraction(s) excepting those whose vote was
increased to one (1) in step a. above.
(d) If the answer to step a. is more than 100, the
excess vote(s) is taken one each from that Member Agency with the
lowest fraction(s). In no case may a vote be reduced to less than
one.
1.,-1.11
AD HENSHAW
AFFIDlS
ALMAC SANITATION
ALTO WASTE
ANALYTICAL PIIOTO
ANY AUTO
APPROPRIATE TECH
ARCIIITECTURAL IND. MODEL
BENITO SINCLAIR
BROWN AND CALDWELL
BROWN YENCE& ASSOC
BRYAN A STIRRAT & ASSOC
BULL FENCE
BULL FENCE
BUTLER ROACH GROUP
CWo CHRISTENSEN
CA GEOLOGICAL GROUP
CAL RECOVERY
CAL TRANS
CAMP DRESSER & MCKEE
CAMP DRESSER & MCKEE
CARDINAL WRECKING
CARLSBAD
CARLSBAD AIRPORT CENTRE
CH2M HILL
CH2M HILL
CH2M HILL
CHULA VISTA
CITY OF CARLSBAD
CITY OF CARLSBAD
CITY OF CHULA VISTA
CITY OF DEL MAR
CITY OF ESCONDlDO
CITYOFPOWAY
CITY OF SAN DIEGO
CITY OF SAN DIEGO
CITY OF SAN DIEGO
CITY OF SAN DIEGO
CITY OF SANTEE
CITY OF SOLANO BEACH
CITY OF VISTA
CITY OF VISTA
COAST WASTE MGMT
COASTWASTEMGMT
COLGAN, FRED & DORIS
CORONADO
CRUSH MASTER
DAMES & MOORE
DAVID HUNTLY, PHD
DELMAR
DELANEY & AS5OC.'S
DELOITE & TOUCHE
DUKE UNIVERSITY
E.P.A. DAVIDFEGE
EAST COUNTY DISPOSAL
EASTLAKE V.C.
EBARRA INC.
EXI11BIT IV
FALLBRooKSANlTARY DISTRICT
FIBRE RESOURCES INC
GAINER & ASSOC
GEOTECH CONSULTANTS
H & W FARMING
HARGIS & ASSOC INC
HARMON WARD
HDR ENGINEERING
HENRY ENTERPRISES
HERZOG CONTRAcnNG CORP.
HILLSBOROUGH MASTER HOMEOWNERS Assoc.
HOUSTON SCALE
HUBBARD
I LOVE A CLEAN SAN DIEGO
I LOVE A CLEAN SAN DIEGO
IMPERIAL BEACH
IT CORP.
IT CORP.
IT CORP.
JEMCO EQUlPIRAMONA DISPOSAL
KISSINGER TRUCKING
KLElNFELDER
KLENFLEDER
LA MESA
LA MESA/SPRlNG VALLEY SCHOOLS
LAIDLAW
LAIDLAW WASTE MGMT
LEBOEUF & LAMB & L & MAC
LEBOEUF & LANB & L& MAC
LEIGHTON AND ASSOCIATES
LEMON GROVE
LINSCOTT/LAW/GREENSPAN
LSW ENGINEERS
LUKE-DUDEK
MALCOLM P/RNIE (lANDFILL)
MARATHON CONSTRUcnON
MASHBURN
MASHBURN (Solid Waste Systems)
MCLNERAY
METCALF & EDDY INC
METRO TRAFFIC
MICHAEL BRANDMAN
MKM COMMUNICATIONS
NATIONAL CITY
NATIONAL CITY
NBS LOWRY
NCRRA ET AL
NORTH COUNTY CHAFLAINCY
OCEANSIDE
OCEANSIDE DISPOSAL
OGDEN ENVIRONMENTAL
PACIFIC ENERGY
PACIFIC SOUTHWEST
PACIFIC SW BIOLOGICAL
PACIFIC WEST COMMUNICATIONS
~-i.f).
PENNY LEW DEL CARMEN
PHILLIP UNITT
PHILLIPS REYNOLDS INC. (Robert 8eln & ASSO
PLASTICS RECYCLING
PLASTICS REPROCESSING
POD/SASAKI
POWAY
PUBLIC FINANCIAL MGMT
PUBLIC FINANCIAL MGMT INC
QEI, INC.
RoW. BECK
RoW. BECK
RAMONA
RAMONA DISPOSAL
RAMONA MUNICIPAL WATER
RAMONA UNITED SCHOOL D1ST.
RECON
RECON
RECON
RECON
RECON CONSULTANT
RECYCLING EARTH PRODUCT
ROY E. LAnD INC.
SAlC
SAN DIEGO CITY TREASURER
SAN DIEGO ECOLOGY CENTRE
SAN DIEGO RECYCLING
SAN DIEGO RECYCLING
SAN DIEGO RECYCLING
SAN DIEGO STATE lJNIYERSITY FOUNDATION
SAN EUJO RANCH
SAN MARCOS
SANTEE
SANTEE SCHOOL DISTRICT
SCS ENGINEERS
SOLANA BEACH
SOLANA BEACH
SOLANA RECYCLERS
SOLANA RECYCLERS
SOLANA RECYCLERS
SOLANA RECYCLERS INC
SOLAR TURBINES INC
SOUTH STATE TOWING
SOUTH WESTERN COLLEGE
STA INC.
TECH PLAN
U.s. GEOLOGICAL SURVEY
U.s. GEOLOGICAL SURVEY
URBAN CORPS
VISTA
VISTA IRRIGATION DISTRICT
W.Ro CONNELLY
WASTE MANAGEMENT
WASTE MANAGEMENT
WAYNERIFER
ZINSER. FURBY, INC.
!~~
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REVISED 3-18-93
SOLID WASTE - KEY DATES
ATTACHMENT B
February 16, 1993 BOARD OF SUPERVISORS
APPROVED THE PARTICIPATION
AGREEMENT IN CONCEPT AND
FORWARDED THE AGREEMENT TO
THE CITIES FOR WORKSHOPS
February 26, 1993 SANDAG WORKSHOP ON THE AGREEMENT
March 26, 1993 SANDAG - TRASH SUMl\flT 8:30 A.M.
* March 30, 1993
(APRIL 20)
BOARD OF SUPERVISORS
AGENDA - PARTICIPATION AGREEMENT
STAFF REPORT WILL REVIEW ANY
NECESSARY CHANGES THAT RESULT
FROM THE DELmERATIONS WTI1I THE
CITIES AND WILL REQUEST THE
BOARD TO APPROVE THE AGREEMENT
AND FORWARD THE AGREEMENT TO
THE CITIES FOR THEIR APPROVAL
April 23, 1993
SANDAG MEETING - DISCUSS SYSTEM
FINANCING AND TIP FEE
May 4, 1993
BOARD OF SUPERVISORS
AGENDA ITEMS
1. ERNST & YOUNG REPORT ON THE CIP
AND SHORT AND LONG TERM
FINANCING
2. THE TIP FEE RECOMMENDATION
* May 15, 1993 EFFECTIVE DATE OF PARTICIPATION
(JUNE 15 OR JULY 1) AGREEMENT WTI1I THE THRESHOLD
LEVEL OF PARTICIPATION
July 1, 1993
ECONOMIC RISK SURCHARGE GOES INTO
EFFECT FOR NON-SIGNATORY
JURISDICTIONS
EFFECTIVE DATE OF NEW TIP FEE
* June 1, 1993
(JULY 1)
* PROPOSED DATE CHANGE IN PARENTHESIS
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ATTACHMENT C
[Draft]
Ml!i:MORANDIlM
TO:
FROM:
City Manager
City Attorney
Febl'lW'y 23, 1993
Proposed "AGREEMENT BETWEEN THE CITY OF AND THE
COUNTY OF SAN DIEGO CONCERNlNGDELlVERY OF SOLID WASTE
TO COUNTY FACILlTIFS AND THE ESTAlU..ISHMENT OF '!'BE SAN
DIEGO COUNTY SOLID WASTE COMMISSION ('Partt"'paUon
~.."nt') [Solid Wllte PartfcipatfoD AlP-III"nt]
DATE:
RE:
At its spring seminar held on February 19 the San Dieao County City Attorney's
Association discussed, at great length, the above rcfcrenccd agreement. It was the consensus
of the City Attorneys in attendance (all cities except San Marcos and Vista) that, despite the
efforts of the Chula Vista City Anomey and City Manager representatives who have been
working closely with the County Staff to obtain an acceptable draft agreement, the cment
proposal may beillusory in that it fails to sufficiently commit the County to specific pclIfozllu.n...,
requirements or contains conditions precedent or subsequent which allow the County to escape
its obligations.
The City Attorneys identified the following items on which you and the City Council may
wish to provide policy direction before the agreement is presented to the City Council for final
consideration. These items, not listed in any particular order of priority. are as follows:
A. Any agreement relAting to !ofui waste disposal should include all of the following:
1. A clear service covenant (duty to serve) with reasonable auarantee.t of
perfOrnlllnce by the service provider.
2. Secure rate protection and, because multiple jw:isdictions are involVed,
rate equa1ity.
3. Appropriate apportionment of liability risb, inclUding but not 1imited to
CERCLA liability rim.
4. A clear obligation to locate and develop disposal sites (preferably local)
at the lowest possible . cost and with the gDlatOst protection to the
environment, coupled with a clear, ~igl'lificant remedy for failure by the
County to perfuuu.
-
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'y
.. . '.
MEMORANDUM
February 23, 1993
Pale TWQ
B. Decision-makini authority on all critical aspectS of the entire system should be
equitably apportioned among all participating members.
C. The enterprise operation and capital improvement contracts should be subject to
a system which assures public cost accountability: including, for example. open,
fair and competitive b;riri;'lg for service and improvement contracts.
If you and the City Council find that the current p1'Dp08al. adequately addresses the isaucs
identified in items A, B, and C, above, then the current structure Il1ay be implp-mented with
certain modifications to the existing contract. These modiftcations arc too dmlJed to addma
in this memorandum. If long term financing is contemplated by the County, then a requirement
that the County commence a validation action should be COJIsiden:d.
The following questions must also be resolved to the satisfaction of the City Council:
D. Does the cummly proposed County commission structure for implementation of
the "Participation Agr-n-ent" best. serve the interests of the City? Has full
consideration been given to other choices for provision of solid waste hAnriHlIg?
Por example,have the following been given consideration: formation of a joint
powers agency without the County; formation of a joint POWers agency to enter
into an agreement with the County; establishment of a special act district?
E. Have the cities received adequate technical assistance concerning the current
proposal and available options? Should the cities retain independent technical
assistance to aid the citic3 in reviewing the various issues involved with the
current proposal and the available options?
###
(,.lfl.:,
./ ...
SOLID WASTE PARTICIPATION AGREEMENT REVIEW
ISSUE POINTS
* COMMISSION AUTHORITY:
What are the specific roles of the Commission and the County. What authority
lies in the Cities role? Is decision making authority equitable among
participants?
* COMMISSION STRUCTURE:
What other options were considered, such as; Joint Powers Authority, Special Act
District, etc.?
* TRUST ISSUE:
Can the level of trust be restored/created between the County and the Cities?
* TIMING ISSUES:
Why the 20 year term? What is the timing constraint with the Bond Issue?
* CITY/COUNTY CHANGING RESPONSmILITIES:
What are the new city responsibilities under AB 939? What have been the
County responsibilities, will they continue as in the past?
* ALTERNATIVES:
What are the alternatives available to the Cities, are they also available to the
County/Commission?
(.. ~ 7
.
* COMMISSION ACTION ON EXISTING COUNTY CONTRACTS:
Can the NCRRA project be eliminated because of cost efficiencies?
* RATE PROTECTION:
What roles will cities play in setting/recommending rates? Is the role secure?
Is there opportunity for equity in rate issues?
* LIABILITY ISSUES:
What is the City's ongoing responsibility for environmental liability (CERCLA)?
What liability might a city face if it pursues other alternatives?
* FACILITY SITING ISSUES:
Are there sufficient guarantees of action to provide facilities? What role does the
city play now in landfill siting? Will this role change through the agreement
process?
* WHAT IF AN INSUFFICIENT NUMBER OF CITIES AGREE?
What will be the County's response; and its future role?
lP"'4-~
.
M E M. 0 RAN DUM
March 30, 1993
TO
.
.
The Honorable Mayor and City Council
John D. Goss, City Manager I ~
Stephanie Snyder, Principal Management Assistant~
VIA
FROM
SUBJECT
Follow-up Recommendations to the
Solid Waste Participation Agreement
Proposed
At the Solid Waste Summit held March 26, 1993, a task force of
elected officials from a regional representation was established
for the purpose of determining what changes to the draft
Participation Agreement should be recommended in an effort to reach
regional consensus. South Bay cities will be represented by the
Cities of Chula Vista and Coronado. At the request of
Councilmember Moore, this memo has been prepared to present the few
major concerns City staff would like to see addressed in changes to
the draft Agreement.
In general, the most significant issues relate to the tone of the
staff recommendations listed in the Council Agenda Statement.
First, separate the immediate need to secure the San Marcos
landfill expansion from the long-term question of complete flow
commitment. Then, allow for the establishment of a different
organizational structure (such as a JPA) to ensure a more equitable
and concrete sharing of authority between the County and
participatory cities.
It is suggested that these goals can be accomplished by making
appropriate revisions to the existing draft Agreement. Specific
issues or recommended changes include:
1) A Phased Aooroach- Amendments to address:
a) requiring only a partial commitment of the cities'
waste stream under the current proposed authority (joint exercise
of powers with the formation of a Solid Waste Commission) if a
guarantee is truly necessary for the San Marcos expansion, and
b) phasing the organizational structure into a JPA (or
comparable entity to accomplish the desired goal stated above)
within a specified period of time, which would provide the complete
commitment of flow under a partnership and allow responsible and
adequate long-term planning for the system.
(p -lf~
v)
.
APPROPRIATE AGREEMENT REFERENCES
Page 2
Sections V.A.l, .2, and .3- Establishment of the Solid
Waste Commission (Page 6)
Section V.K.l- Deliverv of Acceptable Waste to the Svstem
(Page 11)
2) Assurance of Rate Eoualitv- Strengthen or add new
language regarding continuation of a uniform tipping fee for all
Member Agencies at any of the system's like facilities, to prevent
any future potential to charge differential fees based on
geographic location.
APPROPRIATE AGREEMENT REFERENCES
Section V.N.l- Tip Fee Charoe (Page 16)
3) Non-Severabilitv- Add language to ensure that if the
parties negotiate amendments, modifications, or supplements in good
faith and those negotiations fail, both the County and the City
have the right to terminate the Agreement.
APPROPRIATE AGREEMENT REFERENCES
Section VI.I- Non-Severabilitv (Page 25)
4) Authoritv to Control Flow- This is a fundamental concept
underpinning the Agreement. It should be noted and discussed that
the Agreement contains lengthy sections regarding a city's
authority and, therefore, subsequent duty to direct the waste
generated within its jurisdictional boundaries to the County
system. There are also provisions about challenges to that power.
Despite these sections, the City Attorneys' Association has voiced
serious concerns about a city's ability to direct flow. Recent
case law and the dynamic nature of the waste management field may
leave the legal question difficult to answer at this time. From
the management perspective, the Agreement should be crafted in such
a manner that clearly protects the City if it is determined at some
future time that there is no authority to control the waste stream.
However, the situation does not preclude entering into the
Agreement at this time.
APPROPRIATE AGREEMENT SECTIONS
Sections V.K.2 and .3- Waste Flow Enforcement and Power
to Exercise Flow Control (Page 12)
Section VI.I- Non-Severabilitv (Page 25)
1,~Sb
COUNCIL AGENDA STATEMENTS
ITEM -,
MEETING DATE: 3/30/93
Report on Sewer Treatment Alternatives for Chula
vista
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: ci ty Manager...J:\ \1~)
ITEM TITLE:
The attached report and appendixes (Separate binder) are for your
review for the Council Conference on the Sewer issue. The purpose
of the report is to bring the Council up to date on the sewer
treatment issues facing Chula Vista in light of the Clean Water
Program.
There are several alternatives presented with a priority of
alternatives best suited for Chula vista in order to meet our
goals. It is not intended that the Council make a final decision
on which alternative to select at this time because changing
conditions with the San Diego Area Wastewater Management District
(SDAWMD) and future outcome of the EPA lawsuit may change the staff
recommendation.
JPL:C:\COl'ER.CWP
032493
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GOALS
1. Adequate wastewater treatment and disposal capacity for present
and future users:
a. maintain capacity for existing areas of the City
b. be able to provide capacity for future development when
needed
c. decision making capability by Chula Vista's Council
2. Lowest cost to ratepayers:
a. existing ratepayers
b. future development
3. Provide reclaimed water:
a. for Chula Vista's residents
b. for adjacent communities, if cost effective.
,- tt)
Important negotiating positions by Chula Vista associated with
Alternative 2A are:
1. Chula Vista shall be compensated for its excess capacity.
2. Chula Vista needs assurance that it will be provided capacity by
SAD when needed.
3. Chula Vista should pay no more in unit fees than other agencies
in SAD.
4. In renegotiating the METRO Agreement, San Diego should pay
for the construction of facilities it was obligated to construct,
and for fines San Diego incurred or will incur because of lack
of compliance with State and Federal laws.
5. Areas tributary to Otay WRF do no join SAD, and Chula Vista
takes responsibility for sewering those areas.
6. Chula Vista territories within SAD do not pay for over-sizing of
facilities beyond 234 MGD, nor for reclamation facilities else-
where in SAD.
7. Areas outside SAD will have the option to join SAD by paying
pro rata costs at any time in the future.
.
8. SAD will allow contract disposal of excess effluent and contract
processing of solids generated at the Otay Valley WRF at a pro
rata cost.
.
{..I/
Important negotiating positions by Chula Vista associated with
Alternative 3 are:
1. Chula Vista will have the option to join SAD by paying pro rata
costs at any time in the future, once it is clear what facilities will
finally be required in the CWP.
2. Chula Vista shall not pay pro rata capital or rental costs as
defined by existing Metro agreement for North City WRF since
it will not use those facilities.
3. Chula Vista shall not pay pro rata capital or rental costs of over-
sizing FIRP and SOP facilities beyond 234 MGD.
4. Chula Vista will have the right to build the otay Valley WRF if
water reclamation there is not pursued by SAD.
.
.
,
.
I; IJ...
CITY COUNCIL AGENDA STATEMENT
Item -g
Meeting Date 03/30/93
ITEM TITLE:
REPORT: Excursion Train Operation on the Coronado Branch
SUBMITTED BY:
Community Development Director
City Manager~ \~ ~~
!~_ S.
REVIEWED BY:
(4/5ths Vote: Yes
No X)
BACKGROUND:
The Western Group has proposed to operate a tourist excursion train on the Coronado Branch
of the San Diego & Arizona Eastern Railway (SD&AE) from National City to Imperial Beach.
The proposal would establish a tourist train operation from 24th Street in National City to the
Silver Strand Boulevard in Imperial Beaclftcsee map). This report discusses the proposal and
potential impacts (positive and negative) to the proposed Bayfront development.
RECOMMENDATION: That the c:u~g~~~~'t~ort and direct staff to further
investigate the status and environmental implication of the project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Coronado Branch is a six-mile branch line of the SD&AE railway running from National
City to Imperial Beach. The tracks are currently unused and have not carried freight traffic for
over ten years. The branch line was constructed in 1887 to provide a direct rail link from
National City to Coronado around the southern end of San Diego Bay. The ridership was
initially composed of tourists and the steam engines hauled passenger cars to the Coronado Hotel
and nearby Tent City. Trains were occasionally operated directly from Los Angeles to the
Coronado Hotel. (The extension to Coronado was removed in the 1970s. The right-of-way still
exists as a bicycle path.)
Passenger operation ceased in 1896 and the line continued to carry freight until recently. The
ownership of the line was part of John Spreckel's San Diego & Arizona Railway. It is now
owned by MTDB and leased to SD&AE Railroad.
The tracks are currently intact as far as the salt works and are generally in fair condition. Some
repair work would be necessary on tracks crossing the Sweetwater River and salt flats. There
are currently road crossings at F Street and J Street. Development of the Bayfront would
require extension of E Street westward (over the tracks) and the construction of a new street to
service the Merziotis parcel thus creating two more crossings. In addition, H Street may
eventually be extended into the Bayfront.
The proposal calls for the establishment of a short haul tourist operation at relatively low ticket
cost ($10-15) for the six mile run. Based upon population and tourism in San Diego, the
operator projects potential ridership at approximately 290,000 annually. The number 'of
~..,
-- ~-~. ~
Page ~, Itemi
Meeting Date: 4/01193
roundtrips the train would make would range from 3-7 trips daily depending on the season and
demand.
While the project would add an additional attraction to the area, the extent of the benefits to the
City are not clear, as yet. The original proposal did not include any stops near the Bayfront
where passengers could embark and disembark. One or several stops could accommodate and
promote tourism and perhaps some limited commuting. The train could provide access to the
Midbayfront project and Chula Vista Harbor. However, there are potential negative impacts
which are discussed below:
. Operation of the branch line may produce traffic circulation impacts. Railroad
signalization of intersection with E Street, F Street, J Street, the access street to
the Merziotis parcel and possibly H Street may be required. The impediment of
traffic in conjunction with and proximity to the San Diego Trolley crossings,
needs to be studied to determine the extent of impacts and potential safety issues.
. The inclusion of stations on the Bayfront could further impact traffic circulation
and parking. Any proposal to include facilities would have to be coordinated with
plans to develop the Midbayfront.
. Environmental concerns include noise impacts (from the steam engine) upon
wildlife in the Sweetwater Marsh and D Street fill.
. Repair and usage of tracks and vessels crossing the Marsh area need to be studied
to determine whether there would be negative biological, geological or
hydrological impacts to valuable environmental resources.
Further information on these issues will be necessary before the extent of positive and negative
impacts can be determined. These issues will be addressed in the required environmental
assessment of the proposal. It is recommended that staff be directed to further study the project
in coordination with the other partially impacted jurisdictions (National City, Imperial Beach and
MTDB) and report back to Council as more information becomes available.
FISCAL IMPACT:
At this time revenues, if any, to the City are undetermined. Although gross ticket sales revenues
could exceed $3,000,000, the point of sales would be, for the most part, National City and
Imperial Beach. It is also unknown at this time whether tickets would be taxable. Ancillary
financial benefits would depend upon whether or not there were stations in Chula Vista.
In addition, City costs have not been identified, as yet. It is conceivable there could be costs
to the City associated with infrastructure improvements, signalization, traffic control, parking,
and mitigation.
[C:IWP51ICQUNCILll13SITRAIN-1.113]
6, ')./8-4/
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THE WESTERN GROUP
P.O. Box 1544 . Ogden,Utah84402. (801)621-5311 or 621-5313
March 4, 1993
The Board of Directors
MTDB
1255 Imperial Ave., Suite 1000
San Diego, CA. 92101
RE: Excursion Train Operations on the Coronado Branch
Dear Sirs:
We wish to make a formal proposal to establish excursion train
operations on the Coronado Branch of the SD&AE Railway.
We believe that this could be a very successful tourist
attraction in the South Bay. Excursion trains are a growth
industry at present, with over 300 currently operating in North
America and many more in the planning stages. This compares to
only 80 such operations twenty years ago. Nearly 80% are still in
business (a higher longevity rate than the average business) and
many are not in areas of high tourist activity.
The Western Group owns and operates six shortline railroads in
the u.s. and operates excursion trains on two of them. One
operates through the spectacular Verde River canyon, near Sedona,
Arizona, and is very popular with tourists in the area and with
residents of Phoenix. The other operates out of Laramie, Wyoming
and is also a very successful and popular operation. In addition,
we are starting up a third train in the Pacific Northwest. The
company has the capability, expertise and enthusiasm to run a
similarly successful operation on the Coronado Branch (see
attached company information booklet).
In addition to the excursion trains of The Western Group others
include: The Strasburg Railroad iq Pennsylvania with 500,000
riders per year, The Lahaina & Kaanapali on Maui with over
400,000 riders per year, the Durango & Silverton in Colorado with
over 200,000 riders per year.
The Coronado Branch has equal potential. It is located very
close to the center of tourist population in San Diego that also
has a large resident population and is visible from 1-5 for much
of its length, which will further serve to attract riders.
~.s
The excursion train can serve an additional function of providing
a link between the various tourist related developments planned
or existing along the Bay. Developments such as the National City
Marina (Victoria's Landing), Gunpowder Point Nature Interpretive
Center, the large Midbayfront project in Chula Vista, Chula Vista
Marina and any possible developments in Imperial Beach.
Mr. Charles Alban, The Western Group's local agent, has discussed
the proposal with the mayors and other representatives of the
cities of National City, Chula Vista and Imperial Beach. All
have indicated enthusiastic support and believe there will be
positive economic benefit to all three cities. In addition, Mr.
AlbOn has discussed this project with The General Manager of
SDIV, Mr. Dennis Kling who had no objections and would support
our efforts.
We hope you will give this proposal consideration and we will be
happy to meet with you at your convenience to discuss it further.
Sincerely yours,
eu
L~
-
P.O. Scott
Exec. V.P. and
Chief Operating Officer
cc: Jerry Rindone, Director MTDB
Michael Dalla, Director MTDB
Steven Haskins, Director MTDB
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