HomeMy WebLinkAboutAgenda Packet 1995/10/10
Tuesday, October 10, 1995
6:00 p.m.
"t eeerare ~ncer penarty of perjury that (arTi
emp:o:/ej by the City 01 Chu!a Vista in the
Office of ti":e City Clod\. 8n1 that i posted
ti'lis Azenja!NoUce on the Bulletin Board at
the F'u'.;Iic ~ces Bu:IJin3 end at City ,J-Iall on
DATED. J~ if" SIGNED Y/7~ -- ..
Rel!ular Meetinl! of the City of Chula Vista City Council
Council Chambers
Public Services Building
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Alevy _' Moot _' Padilla _, Rindone _' and
Mayor Horton _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
October 2, 1995 (Special Meeting of the City Council)
4. SPECIAL ORDERS OF THE DAY:
3. Proclaiming the month of October as "National Arts & Humanities Month." The proclamation
will be presented by Mayor Horton to Chairperson Coleen Scott, Cultural Arts Commission.
b. Cultural Arts Commissioner Coleen Scott will introduce the winners of the 1995 Chula Vista
Music Competition, Sweet Harmony, a vocal trio.
c. Presentation by Mark Watton, Otay Water District, on Water Authority efforts to negotiate with
Imperial Valley on water transfer.
d. Retiring Board and Commission Members Resolutions:
Commission on Aging - Ruth Hagedorn;
Board of Ethics - Harriet Acton and Jerry McNutt;
Human Relations Commission - Patrick Howell;
International Friendship Commission - James Baker, Teresa Thomas and Suzanne Ramirez;
Otay Valley Road Project Area Committee - Archie Hall;
Parks and Recreation Commission - Diane Carpenter and Russ Hall;
Planning Commission - Susan Fuller and Tom Martin;
Resource Conservation Commission - Joe Ghougassian;
Safety Commission - Bob Thomas.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
Agenda
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October 10, 1995
CONSENT CALENDAR
(Items 5 through 15)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no observed reportable actions taken
in Closed Session on 10/3/95. Staff recommends that the letter be received and filed.
6.
ORDINANCE 2643
7.
ORDINANCE 2644
8.
ORDINANCE 2645
9.
ORDINANCE 2646
10.
ORDINANCE 2647
REPEALING EXISTING CHAPTER 15.36 OF THE MUNICIPAL CODE
AND ADOPTING A NEW CHAPTER 15.36 OF THE MUNICIPAL CODE
ADOPTING THE UNIFORM FIRE CODE, 1994 EDITION, WITH
CERTAIN DESIGNATED MODIFICATIONS (first readin~) - The Uniform
Fire Code, as amended for Chula Vista, has generally been adopted as the
ordinance regulating life safety in the City. The 1994 Uniform Fire Code and
its amendments are recommended to replace the 1991 Edition currently in effect.
Staff recommends Council place the ordinance on first reading. (Fire Chief)
AMENDING CHAPTER 15.08 OF THE MUNICIPAL CODE ADOPTING
THE UNIFORM BUILDING CODE, 1994 EDITION /first readin~) - As
mandated by the Building Standards Commission, State of California, each
jurisdiction within the State shall adopt the 1994 Edition, Uniform Building
Code no later than 1/1/96. The adoption is in conformance with Policy 500-04.
Staff recommends Council place the ordinance on first reading. (Director of
Building and Housing)
AMENDING CHAPTER 15.20 OF THE MUNICIPAL CODE ADOPTING
THE UNIFORM HOUSING CODE, 1994 EDITION (first readin~) - As
mandated by the Building Standards Commission, State of California, each
jurisdiction within the State shall adopt the 1994 Edition, Uniform Housing Code
no later than 1/1/96. The adoption is in conformance with Policy 500-04. Staff
recommends Council place the ordinance on first reading. (Director of Building
and Housing)
AMENDING CHAPTER 15.28 OF THE MUNICIPAL CODE ADOPTING
THE UNIFORM PLUMBING CODE, 1994 EDITION /first readin~) - As
mandated by the Building Standards Commission, State of California, each
jurisdiction within the State shall adopt the 1994 Edition, Uniform Plumbing
Code no later than 1/1/96. The adoption is in conformance with Policy 500-04.
Staff recommends Council place the ordinance on first reading. (Director of
Building and Housing)
AMENDING CHAPTER 15.24 OF THE MUNICIPAL CODE ADOPTING
THE NATIONAL ELECTRICAL CODE, 1993 EDITION /first readin~) -
As mandated by the Building Standards Commission, State of California, each
jurisdiction within the State shall adopt the 1993 Edition, National Electrical
Code no later than 1/1/96. The adoption is in conformance with Policy 500-04.
Staff recommends Council place the ordinance on first reading. (Director of
Building and Housing)
,~)
Agenda
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October iO, i995
11. ORDINANCE 2648 AMENDING CHAPTER 15.16 OF THE MUNICIPAL CODE ADOPTING
THE UNIFORM MECHANICAL CODE, 1994 EDITION (first readin!!) -
As mandated by the Building Standards Commission, State of California, each
jurisdiction within the State shall adopt the i994 Edition, Uniform Mechanical
Code no iater than 2/23/96. The adoption is in conformance with Policy 500-
04. Staff recommends Council place the ordinance on first reading. (Director
of Buiiding and Housing)
12. ORDINANCE 2649 ADOPTING A NEW CHAPTER 15.18 OF THE MUNICIPAL CODE
ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS, 1994 EDITION (first readin!!) - As
recommended by the City Attorney, adoption of the i994 Edition, Code for the
Abatement of Dangerous Buiidings will provide City personnel with appropriate
procedures and guidelines to identify and abate any hazardous or dangerous
buildings within the City. The adoption is in conformance with Policy 500-04.
Staff recommends Council place the ordinance on first reading. (Director of
Building and Housing)
13. RESOLUTION 18064 APPROPRIATING $6,000 FROM THE UNAPPROPRIATED BALANCE
OF THE GENERAL FUND FOR FINANCIAL ANALYSIS RELATED TO
THE OT A Y RANCH PROPERTY T AX NEGOTIATIONS - The fiscal year
1995196 budget includes $5,000 for financial analysis related to the Otay Ranch
property tax negotiations with San Diego County. Staff has already held a
number of negotiating meetings with San Diego County staff, and significantly
more tinancial analysis is being required than was originally anticipated. Staff
recommends approval of the resolution. (Deputy City Manager Thomas)
4/5th's vote required.
14. RESOLUTION 18065 WAIVING THE BID REQUIREMENTS, AND AUTHORIZING THE
MAYOR TO EXECUTE AGREEMENTS WITH THE URBAN CORPS OF
SAN DIEGO (NOT TO EXCEED $32,000), I LOVE A CLEAN SAN
DIEGO (NOT TO EXCEED $16,500) FOR USED OIL RECYCLING
EDUCATION SERVICES, AND LAIDLAW WASTE SYSTEMS (NOT TO
EXCEED $58,000) FOR ON-CALL COLLECTION SERVICE - On 7/25195,
Council approved accepting a Used Oil Block Grant and a Used Oil Opportunity
Grant from the California integrated Waste Management Board and appropriated
funds therefore. This resolution implements the service agreements now needed
to move forward on the project. Staff recommends approval of the resolution.
(Conservation Coordinator)
15.A. RESOLUTION 18066 WAIVING CONDITIONS OF APPROVAL NUMBERS 7, 37, 38, 39 AND
AMENDING CONDITION OF APPROV AL NUMBER 36, RELATING TO
CERTAIN PUBLIC IMPROVEMENTS - On 6/24/95, Council approved the
Tentative Subdivision Map for Tract 95-05, EastLake Greens Unit 28. Staff
recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 18067 APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT TO SATISFY CERTAIN CONDITIONS OF APPROVAL
FOR TRACT 95-05, EASTLAKE GREENS UNIT 28
C. RESOLUTION 18068 APPROVING FINAL MAP FOR TRACT 95-05, EASTLAKE GREENS
UNIT 28
* * END OF CONSENT CALENDAR * *
Agenda
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October 10, 1995
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law, If you wish to
speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City
Clerk prior to the meeting, (Complete the green form to speak in favor of the staff recommendation; complete
the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual. .
16.
PUBLIC HEARING
CONSIDERING VACATION OF A PORTION OF ORANGE AVENUE
ALONG THE FRONTAGE OF DON LUIS MOBILE ESTATES AT 121
ORANGE A VENUE - On 9/12/95, Council declared its intention to vacate an
excess portion of Orange Avenue rigbt-of-way along the frontage of tbe Don
Luis Mobile Estates mobile borne park and set 10/3/95 as the date for the public
hearing. Staff recommends approval of the resolution. (Director of Public
Works) Continued from the meeting of 10/3/95.
RESOLUTION 18069 ORDERING THE VACATION OF A PORTION OF ORANGE AVENUE
ALONG THE FRONTAGE OF DON LUIS MOBILE ESTATES AT 121
ORANGE A VENUE
17.
PUBLIC HEARING
ACQUISITION OF CERT AINRIGHT -OF-WAY ON BONITA ROAD FOR
THE CONSTRUCTION OF "BONITA ROAD BICYCLE LANE"
PROJECT - Bonita Road is a part of the Regional Bikeway System and is
shown as having bicycle lanes in the Bikeway Facilities Plan. The subject
project will fill in the last missing link of the bicycle lanes on Bonita Road. The
project was included in the fiscal year 1993/94 CIP program. To construct the
bike lanes, the City needs to obtain a street easement over a portion of the
property owned by Denny's Realty, Inc. Staff recommends approval of the
resolution. (Director of Public Works)
RESOLUTION 18070 FINDING AND DETERMINING PUBLIC INTEREST AND NECESSITY
FOR ACQUffiING AND AUTHORIZING THE CONDEMNATION OF
CERTAIN REAL PROPERTY WITHIN THE BONITA ROAD BICYCLE
LAND PROJECT AND AUTHORIZING THE COMMENCEMENT OF
CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO
ACQUIRE RIGHT-OF-WAY
18.
PUBLIC HEARING
CONSIDERING TESTIMONY ON ANNEXING TERRITORIES INTO
EASTLAKE MAINTENANCE DISTRICT NUMBER 1 - EastLake
Development Company has added land to EastLake Greens as a result of a land
swap. The land swap contained territory that was not included within EostLake
Maintenance District Number 1. This "action will adjust the boundaries to
include all the Greens within the Landscaping Maintenance District. Staff
reconunends approval of the resolution. (Director of Public Works)
RESOLUTION 18071 ANNEXING TERRITORIES INTO EASTLAKE MAINTENANCE
DISTRICT NUMBER 1
Agenda
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October 10, 1995
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council'sjurisdiction that is not an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications
Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action. Your time is limited to three
minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees. .
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
None submitted.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
19. CITY MANAGER'S REPORTlS)
a. Scheduling of meetings.
20. MAYOR'S REPORT IS)
21. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on October 17, 1995
at 6:00 p.m. in the City Council Chambers.
A Special Meeting of the Redevelopment Agency will be held immediately following the City Council Meeting.
A Special Meeting of the Industrial Development Authority will be held immediately following the Special Meeting
of the Redevelopment Agency.
Agenda
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October 10, 1995
*****
CLOSED SESSION
Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by law to return to open session, issue any reports of final action
taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
22. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Governmellt Code Section 54956.9
. Chula Vista and nine other cities vs. the County of San Diego regarding solid waste
issues (trash litigation).
2. Anticipated litigation pursuant to Government Code Section 54956.9
. Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA
lawsuit.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE) , Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
23. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
*****
(
t
October 5, 1995
TO: The Honorable Mayor and city Council
FROM: John D. Goss, City Manager ~
SUBJECT: city council Meeting of Oc ober 10, 1995
This will transmit the agenda and related materials for the regular
city council meeting of Tuesday, October 10, 1995. Comments
regarding the Written communications are as follows:
5a. This is a letter from the city Attorney stating that there
were no observed reportable actions taken by the city Council
in Closed Session on October 3, 1995. IT IS RECOMMENDED THAT
THE LETTER BE RECEIVED AND FILED.
JDG:mab
~~~
:::A~ ::
~-..; ~~
~~~~
ellY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
October 4, 1995
From:
The Honorable Mayor and city council
Bruce M. Boogaard, city Attorney
To:
Re:
Report Regarding Actions Taken in Closed Session
for the Meeting of 10/3/95
The city Attorney hereby reports to the best of my knowledge from
observance of actions taken in the Closed Session, that there were
no actions taken in the Closed Session of 10/3/95 which are
required under the Brown Act to be reported.
BMB:lgk
C:\lt\clossess.no
S'a- / /
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037
THIS PAGE BLANK
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COUNCIL AGENDA STATEMENT
Item
?
Meeting Date: October 10, 1995
)'/'1/3
ITEM TITLE: Ordinance - Adopting the Uniform Fire Code, 1994 Edition and the
Appendix Thereto
SUBMITTED BY: Fire Chie~ /"C'i ^
REVIEWED BY: City ManagerJ~ ~ ~ I
(4/5ths Vote: Yes_NolO
The Uniform Fire Code, as amended for Chula Vista specificity has generally been
adopted as the ordinance regulating life safety in the City of Chula Vista. The 1994
Uniform Fire Code and its amendments are recommended to replace the 1991 Edition
currently in effect.
RECOMMENDATIONS: That Council adopt the 1994 Edition of the Uniform Fire
Code and Appendix as amended.
BOARD OF APPEALS AND ADVISORS RECOMMENDATION: At the September
18, 1995 meeting of the Board of Appeals and Advisors, the Board found that public
necessity, safety, convenience and general welfare require that the Uniform Fire Code,
1994 Edition, be adopted by the City Council as the ordinance regulating fire and life
safety in the City, replacing the 1991 Code adopted by the Council in June, 1992.
DISCUSSION: The 1994 Edition of the Uniform Fire Code has been partially
reformatted and completely renumbered to improve usability, eliminate redundant
requirements and provide for improved correlation with the common code format and
occupancy classifications incorporated into other model codes.
The only changes specific to the City of Chula Vista which differ from adoption of the
1991 Uniform Fire Code are:
~ Section 15.36.040 identifies the minimum rating (2A 1 OBC) of fire extinguishers
acceptable in the City of Chula Vista. Currently there are no minimum standards
listed in the Code.
~ Section 15.35.080 limits the distance an alarm monitoring company may be
located from the City of Chula Vista (100 miles). The 1994 Code does not
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7
address this issue and the City has experienced delayed alarms from companies
located a distance away and/or out-of-state.
· Section 15.36.130 adds "fireplaces" as a factor in identifying offensive smoke
emissions or that smoke which constitutes a hazardous condition. The Chula
Vista Fire Department has responded to frequent incidents involving the burning
of plastics and rubber in fireplaces which permeates the neighborhoods with
noxious fumes.
Apart from these changes, the technical content of the Code remains unchanged.
FISCAL IMPACT: There is no fiscal impact to the City created by adoption of the
Uniform Fire Code, as amended.
t~2.
ORDINANCE NO.
eJ.& 0/3
. AN ORDINANCE OF THE CITY OFCHULA VISTA REPEALING
EXISTING CHAPTER 15.36 OF THE MUNICIPAL CODE AND
ADOPTING A NEW CHAPTER 15.36 OF THE MUNICIPAL CODE OF
THE CITY OF CHULA VISTA ADOPTING THE UNIFORM FIRE CODE,
1994 EDITION, WITH CERTAIN DESIGNATED MODIFICATIONS
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS
FOLLOWS:
SECTION I. That existing Chapter 15.36 is hereby repealed, and a new Chapter
15.36 of the Chula Vista Municipal Code is hereby added, which Chapter shall read as
follows:
Sections:
15.36.010
15.36.020
15.36.030
15.36.040
15.36.050
15.36.060
15.36.070
15.36.080
15.36.090
15.36.100
15.36.110
15.36.120
15.36.130
15.36.140
15.36.150
15.36.160
15.36.170
15.36.180
Chapter 15.36
Uniform Fire Code
Uniform Fire Code, 1994 Edition, Adopted by reference.
Fire Department Access and Water Supply - Section 902.2.1
amended.
Water Supplies and Fire Hydrants - Section 903.4.2 amended.
Portable Fire Extinguishers - Section 1002.1 amended.
Fire Extinguishing Systems - Section 1003.1.1 amended.
Fire Extinguishing Systems - Section 1003.2.2 amended.
Fire Extinguishing Systems - Section 1003.2.8 Group R1 amended.
Fire Extinguishing Systems - Monitoring and Alarms - Section 1003.3 amended.
Fire Extinguishing Systems - Standpipe Requirements - Table
1004-A amended.
Fire Alarm Systems - Section 1007 amended to add Section
1007.1.1a - Plans and Specifications.
Fire Alarm Systems - Section 1007.2.9.1.1 System Requirements
amended.
Fire Alarm Systems - Section 1007.3.3.6.1 Monitoring is amended.
General Safety Precautions - Incinerators, Open Burning and
commercial Barbecue Pits - Discontinuance - Section 1102.2.5 is
amended.
Tents. Canopies and Temporary Membrane Structures - Table
3205-A Location, access and parking for tents, canopies and
temporary membrane structures is amended.
Dispensing - Aboveground Tanks - Section 5202.4.1 amended
Flammable & combustible Liquids - Spill Control, Drainage Control
and Secondary Containment - Section 7901.8.2 Spill Control is
amended.
Hazardous Matenals - Identification Signs - section 8001.7
amended.
High-Piled combustible Storage - Pallet Storage - Section 8105
added.
t~J
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15.36.010 Uniform Fire Code, 1994 Edition, adopted by reference.
There is hereby adopted by reference that certain document known and
. designated as the Uniform Fire code, and all Appendices, 1994 Edition, as compiled
and published by the International Fire Code Institute in cooperation with the
International Conference of Building Officials and the Western Fire Chiefs Association,
three (3) copies of which are on file in the office of the City Clerk. Subject to such
amendments as are herein contained, said document is hereby adopted prescribing
regulations governing conditions hazardous to life and property from fire or explosion,
and each and all such regulations" provisions, penalties, conditions and terms of said
Uniform Fire Code are hereby referred to, adopted and made a part hereof as though
fully set forth herein, excepting such portions as are hereinafter deleted, modified or
amended as set forth in this Chapter.
15.36.020 Fire Department Access Roads and Water Supply - Section 902
amended.
The first full paragraph of Section 902.2.1 (Required Access) of Article 9, Part III
of the UFC as it applies in the City of Chula Vista, is hereby amended to read as
follows, all other parts of said section to remain the same as in the UFC:
"Fire Apparatus access roads and at the option of the Fire Chief, fire lanes shall
be provided in accordance with Section 901 and 902.2 for every facility, building
or portion of a building hereafter constructed or moved into or within the
jurisdiction when any portion of the facility or any portion of an exterior wall of the
first story ofthe building is located more than 150 feet (45720 mm) from fire
apparatus access as measured by an approved route around the exterior of the
building or facility. (See also Section 902.3 for personnel access to buildings)."
15.36.030 Water Supplies and Fire Hydrants - Section 903 amended.
Section 903.4.2 (Required installations) of Article 9, Part III, of the UFC as it
applies to the City of Chula Vista, is hereby amended to add as follows after the first
paragraph:
"For fire safety during construction, alteration or demolition of a building, see
Article 87."
(a) Fire hydrants, where required in all subdivisions, apartment complexes,
commercial developments, etc., shall be installed in an operable condition
prior to any combustible construction materials being placed on the site.
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(b) . Whenever any combustible material is placed on the site or any work is
being done contrary to the provisions of this code, the Chief may order the
said material removed from the site or the work stopped by notice in
writing served on the owner or agent, and any such persons shall
forthwith comply with said notice until authorized by the Chief to proceed."
15.36.040 Portable Fire Extinguishers - Section 1002 amended.
The following sentence shall be added to the end of Section 1002.1 (General) of
Article 10 of the UFC, as it applies in the City of Chula Vista.
"The minimum rated fire extinguisher acceptable to the City of Chula Vista
is 2A10BC."
15.36.050 Fire Extinguishing Systems - Section 1003 amended
The following sentence shall be added to the end of Section 1 003. 1.1 (General)
of Article 10 of the UFC, as it applies in the City of Chula Vista.
"All fire extinguishing systems shall be installed by a state licensed
contractor.
Exception: When approved by the Fire Chief, R-3 occupancies may
be exempted from this requirement"
15.36.060 Fire Extinguishing Systems - Section 1003.2.2 amended
Section 1003.2.2 (All occupancies except Group R, Division 3 and Group U
(Occupancies) amended by adding the following sentence to the end of Article 10 of the
UFC, as it applies in the City of Chula Vista.
"6. In every building regardless of occupancy classification or type of
construction, when such building is more than 40 feet or four stories or
more in height"
15.36.070 Fire Extinguishing Systems - Section 1003.2.8 Group R1 amended.
Section 1003.2.8 (Group R, Division 1 occupancies) of Article 10 of the UFC, as
it applies in the City of Chula Vista, is hereby amended to read as follows: the
following paragraph is added at the end of 1003.2.8:
"When an approved fire sprinkler system is required by the provisions of this
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section, ~ and all buildings constructed after July 1, 1992, on the same
property, regardless of height or number of dwelling units, shall be provided with
an approved fire sprinkler system".
15.36.080 Fire Extinguishing Systems - Monitoring and Alarms - Section 1003.3
amended.
Section 1003.3.1 (Where Required) of Article 10 of the UFC as it applies to the
City of Chula Vista, is hereby amended to read as follows:
"Where required. All valves controlling the water supply for automatic sprinkler
systems and water-flow switches on all sprinkler systems shall be electrically
monitored where the number of sprinklers are:
1. Twenty or more in Group I, Divisions 1.1 and 1.2 Occupancies.
2. One hundred or more in all other occupancies.
Valve monitoring and water-flow alarm and trouble signals shall be distinctly
different and shall be automatically transmitted to an approved central station,
remote station or proprietary monitoring station as defined by U.F.C. Standard
10-2 or, when approved by the building official with the concurrence of the chief,
shall sound an audible signal at a constantly attended location. These locations
may not exceed 100 miles from the city limits of the City of Chula vista and apply
to monitoring contracts initiated after adoption of this code.
EXCEPTION: Underground key or hub valves in roadway boxes provided by the
municipality or public utility need not be monitored."
15.36.090 Fire Extinguishing Systems - Standpipe Requirements - Table 1004-A
amended.
The category of Group 2, under the column labeled "Occupancy", of Table 1004-
A of Article 10, of the UFC as it applies to the City of Chula Vista, is hereby amended to
read as follows:
"2. Occupancies 3 stories or more but less than 150 feet in height, except
Group R, Division 3."
15.36.100 Fire Alarm Systems, Plans and Specifications - Section 1007.1.1 a
amended.
Section 1007.1.1a - Plans and Specifications of Article 10 (Fire Alarm Systems)
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of the UFC, as it applies in the City of Chula Vista is hereby amended to add the
following new section 1oo7.1.1a after Section 1007.1.1 Applicability.
"Complete plans and specifications for fire alarm systems shall be
submitted for reviews and approval prior to system installation. Plans and
specifications shall include, but not be limited to, name, address,
telephone and license number of installing licensed contractor, a floor
plan, location of all alarm-initiating and alarm-signaling devices, alarm
control and trouble signaling equipment, annunciation, power connection,
battery calculations, wiring type and sizes, make and model and State
Fire Marshal listing number of all equipment, devices and materials
requiring listing."
15.36.110 Fire Alarm Systems - System Requirements, Group R, Division 1
Occupancies, Section 1007.2.9.1.1 amended.
Section 1007.2.9.1.1 General (Group R, Division 1 occupancies). The first full
paragraph of Section 1007.2.9.1.1 of Article 10 of the UFC, as it applies in the City of
Chula Vista is hereby amended to read as follows, all other provisions to remain the
same:
"Group R occupancies shall be provided with fire alarm systems in
accordance with Section 1007.2.9. Group R, Division 1 occupancies shall
be provided with a manual and automatic fire alarm system in apartment
houses three or more stories in height or containing 16 or more dwelling
units, in hotels three or more stories in height or containing 20 or more
guest rooms and in congregate residences three or more stories in height
or having an occupant load of 20 or more. When an approved fire alarm
system is required by the provisions of this section, i!.DY: and all buildings
constructed after July 1,1992 on the same property, regardless of size or
height, shall be provided with an approved fire alarm system. See also
Section 1007.2.12."
15.36.120 Fire Alarm Systems - Section 1007.3.3.6.1 Monitoring is amended.
Section 1007.3.3.6.1 General of Article 10 of the UFC, as it applies in the City of
Chula Vista is hereby amended to read as follows:
"When required by the Chief, fire alarm systems shall be monitored by an
approved central, proprietary or remote station service or a local alarm
which gives available and visual signals at a constantly attended location.
These locations may not exceed 100 miles from the city limits of the City
of Chula Vista and apply to monitoring contracts initiated after adoption of
6-?
this code".
15.36.130 General Safety Precautions - Incinerators, Open Burning and Commercial
Barbecue Pits - Section 1102.2.5 - Discontinuance - is amended.
Section 1102.2.5 - General Safety Precautions Section 1102.2.5-
(Discontinuance) - of Section 1102, Incinerators, Open Burning and Commercial
Barbeque Pits of Article II of the UFC, as it applies in the City of Chula Vista, is hereby
amended to read as follows:
"The chief is authorized to require incinerator or fireplace use to be
immediately discontinued if the chief determines that smoke emissions
are offensive to occupants of surrounding property or if the use of the
incinerator or fireplace is determined by the chief to constitute a
hazardous condition."
15.36.140 Tents, Canopies and Temporary Membrane Structures - Table 3205-A
Location, access and parking for tents, canopies and temporary
membrane structures is amended:
The Minimum Fire access Roadway Widths as shown in the third column of
Table 3205-A ("Location, Access and Parking for Tents, Canopies and Temporary
Membrane Structures") of Article 32 of the UFC, as it applies in the City of Chula Vista
is hereby amended to read as follows:
"20 feet
20 feet
20 feet"
15.36.150 Aboveground Tanks - Section 5202.4.1 amended.
Section 5202.4.1 of Article 52 (Flammable and Combustible Liquid Motor Vehicle
Fuel-Dispensing Stations) of the UFC, as it applies in the City of Chula Vista is hereby
amended to read as folloWs and adding the following exception:
"Class I and II liquids in above ground tanks shall not be dispensed into the fuel
tank of a motor vehicle from aboveground tanks except when tanks are installed
inside special enclosures in accordance with Section 5202.36 and meet the
following exception. See also Appendix II-F.
EXCEPTION:
With the approval of the Fire Chief, Class I and II liquids may be
stored above ground outside of buildings in specially designed,
approved and listed containers which have features incorporated
into their design which mitigate concerns for exposure to heat (two-
hour fire resistance), ignition sources and mechanical damage.
Containers must be installed and used in accordance with their
t - &'"'
"
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listing, and provisions must be made for leak and spill containment.
Storage in such tanks on any site shall not exceed 550 gallons for
Class I or 1100 gallons for Class II liquids. The Chief may
disapprove the installation of such containers when in his/her
opinion, their use presents a risk to life or property. In no case,
shall such storage be permitted within 100 feet of any residential or
institutional structure."
15.36.160 Flammable and Combustible Liquids - Spill Control, Drainage Control and
Secondary Containment - Section 7901.8.2 Spill control is amended.
Article 79 Flammable and Combustible Liquids Section 7901.8.2 (Spill Control,
Drainage Control and Secondary Containment) of Article 79 (Flammable and
Combustible Liquids) of the UFC, as it applies in the City of Chula Vista, is hereby
amended to include a last sentence to read as follows:
"A 20 gallon minimum overspill device is required on all Class I or II
underground or above ground flammable liquid tanks".
15.36.170 Hazardous Materials - Identification Signs - Section 8001.7 amended.
Article 80 - Hazardous Materials Section 8001.7 Identification Signs of Article 80
of the UFC, as it applies in the City of Chula Vista is hereby amended to read as
follows; all other provisions and exceptions of said section to remain the same as in the
UFC:
"Visible hazard identification signs as specified in the Uniform Fire Code
Standard No. 79-3 shall be placed at entrances to locations where hazardous
materials are stored, dispensed or handled. Signs shall be provided at specific
entrances designated by the Chief. Identification signs shall conform to NFPA
704."
15.36.180 High-Piled Combustible Storage - Pallet Storage - Section 8105 added.
A new section to be numbered and titled "Section 8105. Storage of Empty
Wooden or Plastic Pallets" is hereby added to Article 81 ("High-Piled Combustible
Storage") of the UFC, as it applies in the City of Chula Vista, which Section shall read
as follows:
Section 8105 - Storage of Empty Wooden or Plastic Pallets.
"(a) Outdoor Storage - Pallets shall be stored outside of a building or in a
~-?
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detached building whenever possible. Pallets shall not be stacked closer
than 5 feet from the building.
(b) Indoor Storage - Pallets when stored indoors shall be protected with fire
sprinklers in accordance with NFPA Standard 231, Table 4-4.1.1 unless
both of the following conditions are met:
1.
Pallets are stored no higher than 6 feet.
2.
Each pallet pile of no more than 4 stacks shall be separated from
other pallet piles by at least 8 feet of clear space or 25 feet of
commodity."
.-(.
James B. Hardiman
Fire Chief
L
/
t
Bruce M. 800ga
City Attorney
by
Presented by
t.~/tJ
COUNCIL AGENDA STATEMENT
Item No.: 7
Meeting Date: 10/10/95
.1" 'If
ITEM TITLE: Ordinance Adopting the Uniform Building Code, 1994 Edition
SUBMITTED BY: Director of Building an(H~US~1/
REVIEWED BY: City Manage~~, ~ (4j5ths Vote: Yes _ No.1U
Adoption of the 1994 Edition, Uniform Building Code is a routine action undertaken by
the Building and Housing Department every three years in response to newly published
Codes. The adoption of this Code is in conformance with City Council Policy 500-04 as
adopted by Resolution 5656 which endorses the establishment and maintenance of
Uniform Building Regulations within the jurisdictions of the County of San Diego.
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1994 EDITION,
UNIFORM BUILDING CODE BY PLACING THE ORDINANCE ON THE FIRST READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at
their Monday, August 21, 1995 meeting unanimously approved the recommended
adoption of the 1994 Edition, Uniform Building Code. Members of the architectural,
engineering and construction community were invited for their applicable comments.
No objections were received during the Public Hearing regarding the adoption of the
code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1994 Edition, Uniform Building Code by
no later than January 1, 1996. Jurisdictions within San Diego County have met
collectively to discuss suggested modifications to the code with members of the
architectural and engineering community during monthly meetings of the San Diego Area
Chapter of the International Conference of Building Officials. As such, this process
recognizes and promotes code uniformity throughout the jurisdictions within the County
creating a positive professional environment among all code users.
The adoption of the new Uniform Building Code will upgrade our seismic zone
designation from Zone 3 to Seismic Zone 4. Staff does not believe this will significantly
impact permit applications. It is intended to afford greater protection to buildings in the
event of an earthquake.
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Council Agenda Statement
National Electrical Code
Item No.:
Meeting Date: 10/10/95
7
This Ordinance also reflects the Council's previous direction to incorporate requirements
for customer access to restrooms located at motor vehicle fueling stations.
FISCAL IMPACT: None. There are no increase in fees proposed in this adoption.
There is a potential for some incidental training costs to familiarize staff with new code
requirements. The costs for purchase of new code books was absorbed in the previous
year's budget.
KGL:yu
(M:ISHAREDIBLD _HSG1A1131 Q94.UBe)
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ORDINANCE NO.
..2/,'/(
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
15.08 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE
UNIFORM BUILDING CODE, 1994 EDITION
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That Chapter 15.08 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Sections:
15.08.010
15.08.020
15.08.030
15.08.040
15.08.050
15.08.060
15.08.070
15.08.UQ 080
15.08.000 090
15.08.090 100
15.0S.100
15.0S.120
15.0S.t:l0
15.08.110
15.08.120
Chapter 15.08
Building Code
Uniform Building Code, W9l1994 edition, adopted by reference.
General-Section:!O:lW 104.2.1 amended to designate building official.
Board of Appeals and Advisors-Section 2ll4W 105.1 is amended. Limitations of
Authority-Section:!04{b} 105.2 is added. -
Exempted Work-Section 3Ol{b} 106.2 is amended. Stllll<l.ard. 9f Q-""ty lieolioB
:l01(e) is added. -
Section 304 107 is amended bv addin.. subsection 107.8 exemptin.. ..overnment
entities from fee payments to reference the City's Master Fee Schedule, and to
charge for fees not contained in the UBC.
Subsection 00 108.1.1 added to Section 305 108.1 to ",,,uK.. iBcp9oli9B f9r
authorize compliance surveys inspections. -
Section 1710(..) 709.4.1 amended to add an exception to the requirement for
parapets.
Paragraph a ~ added to subsection ~ 9f lieolioB :ISo:.! 904.2.2 added to require
installation of automatic fire-extinguishing system in buildings greater than certain
height.
Section ;J:lQ3 1503 amended to provide for more restrictive roof coverings.
Subsectioll!! W 1511.5 and 1511.6 added to Section 3901 1511 to require
equipment-enclosures on roofs and removal of obsolete roof elluiPiilent.
SuI..eolioB (f) ~ ad""d t9 SeolioB :1601 ~ t9 ",,,uK.. rem"'.... 9f 9oo9lete
r.gel equipml!Bl;.
~ukS8e1i9B. (e) ~~g~ 7Ji added te SaggeD 440719 Fe'luK.f! pedeGbi3ll preteetieB at
Q9IlG1:Rtc;&iQR Gites
Table He. 41 f_~:l _A_ aRl8lldecl t9 IiIH!sUy peFJBitted Bl9aB6 sf IUQ,idiBg IU!l~Gk:iiIB
pr9teolieB fer .1l9rtperieds 9f e9BStru<>li_ at "-'ted height building e9BSlmoli_
sites.
Appendix Table 29-A amended to specify minimum number of public restroom
facilities for motor vehicle fuelin.. stations and mercantile occupancies with fuel
disDensinJ!" operations.
Appendix Table 29-A amended to specify minimum number of public restroom
facilities for motor vehicle fuelin.. stations and mercantile occupancies with fuel
dispensinse: operations reQuired at time of remodel. alteration or reDair.
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15.08.010
Uniform Building Code, W9l 1994 Edition, adopted by reference.
There is hereby adopted by reference the Uniform Building Code, ("UBC") W9l1994 Edition, and
Chapters 1 (di',isisa I), 7, 11, J2, J5, 49 ana 55 Appendix Chapter 3. Division II: App~ Chapter 15:
Appendix Table A.29.A; Appendix Chapter 31, Division II and Division III sf 1Jte Apfleadix of that certain
document as copyrighted by the International Conference of Building Officials. Chapter 3.}, n, Accessibility
ana Ch"l'tor n sf the ".flfleaa", are ~ hereby exempted. Said document is hereby adopted as the Building
Code of the City of ChuIa Vista for regulating the erection, construction, enlargement, alteration, repair,
moving, demolition, conversion, occupancy, use, height, and area of all buildings and structures in the City.
Providing for the issuance of permits and collection of fees therefor and each and all such regulations,
provisions, penalties, conditions and terms of the Uniform Building Code, +99l ~ Edition, and CR"I'ters
1 (d;,Jisisa I), 7, 11, J2, J5, 49 ana 55 Appendix Chapter 3. Division II: Appendix Chapter 15: Appendix
Table A.29.A: Appendix Chapter 31. Division II and Division III sf the ...flfleadiJ< are hereby referred to,
adopted, and made a part hereof as though fully set forth herein, excepting such portions as are hereinafter
deleted, modified, or amended.
15.08.020
General.Section :102W 104.2.1 amended to designate Building Director as "building
official".
Section:102W 104.2.1 of the UBC, as it applies in the City of Chula Vista, is hereby amended to
read as follows:
Section :102W 104.2.1 General. The building official is hereby authorized and directed to enforce
all the provisions of this code. For such purposes the building official shall have the powers of a law
enforcement officer.
The building official shall have the power to render interpretations of this code and to adopt and
enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the
application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity
with the intent and purpose of this code. The Building Official shall be the Director of Building and
Housing.
15.08.030
Board of Appeals and Advisors.Section :lll4W 105.1 amended to confer "suitability of
alternate materials" jurisdiction on Board of Appeals. Limitations of Authority.Section
:w4{b} 105.2 is added.
Section:lll4W 105.1 of the UBC, as it applies in the City of Chula Vista, is hereby amended to read
as follows: -
Section :lll4W 105.1 Board of Appeals and Advisors. To determine the suitability of alternate
materials, methods of construction and to provide for reasonable interpretation of the provisions of this
Code, there shall be and is hereby created a Board of Appeals and Advisors consisting of seven members
who are qualified by experience and training to pass upon matters pertaining to building construction. The
Director of Building and Housing shall be an ex. officio member who shall not be entitled to vote and who
shall act as Secretary to the Board. The Board of Appeals and Advisors shall be appointed by the Mayor and
confirmed by the City Council. The Board shall render all decisions and findings in writing to the Director
of Building and Housing with a duplicate copy to the appellant. The decision of the Board is fmal. The
Board of Appeals and Advisors shall recommend to the City Council such new legislation deemed necessary
to govern construction in the City of Chula Vista.
Section ~ 105.2 Limitations of Authority. The board of appeals shall have no authority
relative to interpretation of the administrative provisions of this code nor shall the board be empowered to
waive requirements of the code.
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15.08.040
Exempted Work-Section 3Ol{i>} 106.2 is amended to delete exemptions for certain types
of cons1IUction from the requirement to obtain a building permit. Standards of Quality-
Section ~ 1701.4 is added.
=
Section 3Ol{i>} 106.2 of the Uniform Building Code as it applies in Chula Vista shall read as follows:
Section 3Ol{i>} 106.2 EXEMPTED WORK. No person, finn, or corporation shall erect, cons1IUct,
enlarge, alter, repair, move, improve, remove, convert, or demolish any building or s1IUcture in the City of
Chula Vista or cause the same to be done without first obtaining a separate building permit for each such
building or s1IUcture from the Building Official except as follows:
1. Fences up to 72 inches and free standing masonry walls up to 48 inches in height above the
highest adjacent grade.
2. eweb. amll'lanter be".. "l' te IS in"".. ill. height
~ ~. Detached patio covers, not exceeding 12 feet in height, with a projected roof area not to
exceed 144 square feet and at least 6 feet from any building or s1IUcture on the same
property.
4 g. One-story detached accessory buildings, not exceeding 12 feet in height used as tool and
storage sheds, playhouses and similar uses, provided the projected roof area does not
exceed 144 square feet and are located so as to comply with the provisions of Chula Vista
Municipal Code, Section 19.58.020.
1> :1;. Oil Derricks.
(j ,?,. Movable cases, counters, and partitions not over 5 feet, 9 inches in height.
7 g. Retaining walls which are not over 3 feet in height measured from the top of the footing
to the top of the wall, unless supporting a surcharge or impounding flammable liquids.
g Z. Television and radio antennas less than 35 feet in height.
9 ~. Awnings projecting not more than 54 inches and attached to, and supported by, the exterior
walls of buildings of Group R-3. Division 3 or M J.! Occupancy.
11:). ~tanaanl .Ieroelier net ever JS f...et ill. height abeve fininh graae.
-l.l 2. Platforms, walks and driveways not more than 30 inches above grade and not over any
basement or story below.
l2. 10. Temporary motion picture, television and theater stage sets and scenery.
l2. 11. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the
pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000
gallons.
J4 12. Fish ponds, reflective pools or other decorative water containers with a wet surface area of
100 square feet or less and a maximum depth of 18 inches to the flood rim.
.tJ> 13.
Repairs which involve only the replacement of component parts of existing work with
similar materials for the purpose of maintenance, and which do not aggregate over $500.00
in valuation in any twelve-month period, and do not affect any electrical, plumbing or
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mechanieal installations. Repairs exempt from permit requirements shall not include any
addition, change, or modification in construction, exit facilities, or permanent fixtures or
equipment.
Specifically exempted from permit requirements without limit to valuation are:
a. Painting, papering, decoratiog and similar work.
b. Installation of floor covering.
c. Cabinet work.
d. Outside paving ofR.3 and U Occuoancies oarkinS!: surfaces. (CCR Tide 24 Disabled
Access Required.)
e. Re.roofing buildings of Group R and M .!l Occupancies ofless than 500 sq. ft or less
than frfty percent (50%) of roof covering replacement.
This section shall not be construed to require separate building permits for dwelling and accessory
buildings or structures on the same property which are described in the building permit application, plot
plan and other drawings.
Ualess otherwise exempted, saparate plllmbiag, aleOl>ieal ....d mesh....i",,1 permits "ill b. re~w.d
{-Sf the aBEV}e e1t8mptea items.
Exemption from the permit requirements of this code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions of this code or any other laws or
ordinances of the City of Chula Vista.
li.eliea :101(e) litaBdards ef Quality. The st....dards IiGted belew labeled a "V.Il.C. Gt....dard" are
alf.:e listed ia Caapter gO, Par-t II, ilRQ are flart sf thi~ ssele
1 COB",ete
^
.
V.Il.C. litaBdard Me. 27 1:1, Ra..djo mil,ad eeBGlOote
2. CSRReGt3.e:as
f.. V.Il.C. StaBdard ~Je. 277, High. G"OBgth Ilelling
:1. FirapreoliBg
t.. V.Il.C. litaBdard Ne. 4:1 S, ThiekBeGs and DeBGit;- DetermiBalioB fer lipra;- applied
Fire"reeliag.
15.08.050
Section 3Q4 107 amended bv ..ddinS!: subsection 107.8 Exceotions. WaIVlnl/ fees for
S!:ovemment elitities t9 Alf......... the City's Master Fee Sehe<illle, aad t9 ~"4"'1le fee. BGt
s~-+-~:-ed in the ImC.
SeelieB :104 ef the UBifG"" Illlil<iiag Cede, as it a"plie. ill CAula Vista, ,hall read as fellm"s:
~eet3.QR ~g<l (a) GeBeral Fees shall be RE:E:eE:E:ea ia aessnlaBf!s "Aith the prs".4sisREi sf this sestiel1
or Gh..1I b. a, sat forth in th. fee sob.edule ..do"ted b~' the jllriGdietiea.
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~eetiea :lll4(b) P.rmit F.... Th. f-ee f-er .aob. ".rmit .hall be a, set fer;!,. ia the Master Fee
~eaeau18 The aetermiaat3.sB af ..rahas Sf '''alaa13.eR Ullaee any sf the prsT.isieIl& af this ggae shaR Be Blade
by the builEiiBg .mdal. The 'falll. te b. Il..d ia .em"lltiag the buil.diag "e_it and buildi..g "Ian r.vi.w
fees shall Be the tata!. ..ralue sf all geRs1rugtiea"J.Tsrk fur wlli~ the peaBit if: iSS1U!!Q, as '''Tell as all fmish T/.rerk,
painting, reefing, 81e~Qal. pl\1HlBiag, lleaaag, air Q9Raitisaiag, ele:nateI!;i, fire BKtinguishing systems ana
any ether permaRBat fi.Htllipm eat
~eetieR 394(9) Plan Re'i,n" Fees l~.'lieB a plan Sf ether data are re"lllired t9 Be SllBmittea BY
~eOl;iea :lO:l(b), a "Ian r.'.''''.\' fee shall b. "aid at the time .f sllbmittiag "I""s ""d s".eilieMiea. f-er r.'...w.
~aid "I"" r",i"," fee shall be 85 ".r..at ef the buildiag "._it fee a. .h.,'", ia the Master Fe. ~eh.""I..
5.OOea :l01 (d) Ex"iratiea ef PI"" R...."'N. ...""li.atie..s f-er whiob. ae "._it i. i,slled ....ithia 180
aa~'& full~"iRg the date sf af'pli~at:i9R shall expire br limita.Q9R. and Flam: ana ether data &1:1BRlittea fef
r.'.i.,^, may th.r.aft.r b. r.turned te the a""lieaat er d.steeyed by the bWldi..g emeial. Th. bllilEiiBg emdal
m~ BxtElat the time fer aetieR by the afJpliea:at {.sf a paRed Ret eKseediBg ISO da.ys ell re't1:test br the
ap"lioa..t .he'A'i..g that all .k.llm.t""e.s b.yead the .eatee! ef the ap"li.a..t ha". "r."oat.d aetie.. fmm
b.iag tak.... ~Je a""lioatiea shall be .xl...d.d mere than eaoe. la erd.r te r.-i.,,' a.tie.. ea "" ap"lieatiea
after eXi1H-atisa, the afplisaat GRall resuBlBit Flan~ ana Fay a a8YJ.T plan re,im'T {.Qe.
5.etie.. :lQ1(.) Iw.'estigatie.. F.es: Werle -J.'ithellt a Po_it
1. Iavestigati9a lA'lleaep-'er~' ",<Tsrk fer ,':bieh a permit is re'ltlwea B~' this eeae Ras been
oemmeao.d 'Nitheutflrst ebtaiaiag said ".rmit, a s"edal iR....tigaliea .hall b. mad. befer. a ".rmit
may b. i.slled fer Sllob. werk.
2 Fee. fa iw:esggati9B €ee, iB aaQi1ieB 19 the permit fee, saall Be eelleetea ,':hether sr
Bet a per,.mit is theR sr SYBSettUeatl). h:sllea. The in-"!estigatisn {-Be saall be elflal 19 the amsuat sf
the ".rmit f-ee r.""ked by this .ede. The miaimllm iw'e,tigatie.. r... shall b. the same as the
miaimllm fe. s.t f-erth ia the Ma,t.r F.. 5oh.dllle. Th. "aym.at ef .Ilob. i..yostigatie.. f-ee shall Bet
elremp1 ~. per.sen (relB eeHlplianee ,'ith aU sther lus"idsRs sf this seas Rer frem. aaj' penaltj.
"r.s.ribed by low'.
5eOl;iea :l04 (f) Fee R.fuads. F... "aid fer miorefIlmiag ef deeum.Rt, ""d f-er 5lreag Metiea
IastrumeRtatisa are Bet remaaaele
~eeQ9R ~g~ (g) CeHlt'lianee ~Yrvey Fee. The fee fef seRQ.llst;llg a seHlplianee sur/ey ef an elasting
.lrIi_re shall b. as s!ledll.d ia the City ef Chllla Vista Ma,t.r F.. 5eh.dul..
Section ~ 107.7 Exceptions. The United States Government, State of California, school
districts, counties, cities and other public agencies shall not be required to pay any fees for filing an
application for a building permit pursuant to this code.
Section ~ 107.8 Retention of Plans. Stale La',\' re""k.. IIhe retention of plans, specifications
and permits are for the life of the building. Ther.fore, the applicant-shall be charged a fee to cover the
actual cost of microfilming such documents as specified in the Master Fee Schedule.
15.08.060
Subsection {h} 108.1.1 added to Section 3()l; 108,1 to re'l.a... iBsp.etie.. fer authorize
compliance surveys inspections. -
Subsection 3()l;{h1108.1.1 is hereby added to Section 3()l; 108.1 of the Uniform Building Code, as
it applies in Chula Vista, and said subsection (h) shall read as follows:
Section 3()l;{h1108.1.1 Compliance Survey Inspection. Upon receipt of a written request for a
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compliance survey from the owner and payment of the fee specified in the Master Fee Schedule, the Building
Official may inspect an existing structure to ascertain its compliance with the provisions of this code and
other applicable laws and ordinances, and report findings in writing to the owner.
15.08.070
!ieoli"R 1710 (a) Subsection 709.4.1 amended to add an exception to the requirement for
parapets.
EXCEPTION Il 2 is hereby added to subsection W 2 of S.otien 1710 Subs.ction 709.4.1 of the
Uniform Building Code;- as it applies in Chula Vista, which EXCEPTION Il ~ shall read as follows:
Exception Il~. Conversion of existing Group R occupancies to offices.
15.08.~ ~ ParagGlJllt 5 a"""" to subs........ (b-) of !ioolioR :l1lll:! Subsection 904.2.1 amended added
to require installation of automatic fire-extinguishing system in buildings greater than
certain height.
Parllgraph:; is h.r.e,' a....... to .ubs..tien (b) of S.otion AIlO:! Subsection 904.2.1 ofth. Uniform .
Building Code is herebv amended, as it applies in Chula Vista, whioil. Paragraph:; .hall r.a" a. felle",. !lY
the addition of the followinl/: -
Paragraph:; In every building regardless of occupancy, group or type of construction, when
such building is more than 40 feet or four stories or more in height.
15.08.llllO 090 Section 3:W3 1503 amended to provide for more restrictive roof coverings.
Section 3:W3 1503 of the Uniform Building Code as it applied in Chula Vista is amended as follows:
Section 3:W3 1503. The roof covering on any structure regulated by this code shall be as specified
in Table No. ~ 15-A and as classified in Section ~~. Wood shingles and wood shakes shall have
a minimum Class "C" fire.resistive rating.
15.08.090100
Subsectio~ W 1511.5 and 1511.6 added to Section ~ 1511 to require equipment
enclosures -on roofs and removal of obsolete roof equipment. -
Subsection W 1511.5 is hereby added to Section ~ 1511 of the Uniform Building Code, as it
applies in Chula Vista, which subsection W 1511.5 shall read as follows:
Section :l901(e) 1511.5 Equipment Enclosure. Operating equipment, including piping and ducts
located on the roof of a building, shall be shielded from view from public thoroughfares, private and public
parking lots an" sounGproofed .0 a. to .ompl)' with the neis. abat.ment pro-.>ision. ef !i....ons 19.911.010
through 19.911.090 of the CRula Vista Municipal Co"e. Equipment enclosures shall not be constructed so
as to trap flammable or combustible vapors.
Exception: Solar collectors. Does not include structural supporting members.
15011100
!illbs.oIioR (f.) a....... to S.oIi"R :1901 to r-eljllire r-emm"" of obsolete ...of e'JUif'IB8Ilt.
SUe..stiOR (f) i. her.by a""e" to S..tion :1901 of th. Uniferm Iluilding Coa., as it appli.s in Chula
Vista, ,"hi.h ...b...tien (f) shall r.aa as felle-vs:
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7-0'
~eetieR AeQl(f) OBselete Reef E'tUipHleBt. Hamanisal e'lyiFmeBt ineymag pipiBg and dysts
leGated aa the reef ef a Bwlding and Be leager ia aper=a.t3.SR shall Be reme":ed Ram the reef.
15 11111211
~\lbSe~9R (e) added t9 ~e~gR 1407 ta re'lllin pedeGtliao. prBt8QQ9R at eQ~QR sites.
~liBsefltiaR (e3 is aereb)" added t9 ~eGtieB 44Q7 efthe UnifsFHl Qlii1mag Cede, as it applies ill Chyla
Vista, 'J.'hi"" oubs.Gliga shall r.ad as f-<lllg'NS:
~eetisR <l4Q7(e) CSRstnlstiell Site. .^.t an:." saRst:ntstieR site ,,:herein an elrsa..}atieR sf A feet 9
indtes Sf mere is dyg shall Be re'tUil:ed te be eSHlpletely f.eased afeYBd the perimeter efthe site "J.~tA either
a selid "1."sedeR feRse sr "1:eveR ,vire feRse Rat less than 9 f.eet iR height. ~aid teaee shall he e'IUipped ".qth
gates that Gan be lasked dYriag SHM peRads as sem:tn1etiea is Ret in pra~eEiS and that said f.gase shall he
apprapFiate~" pasted "'ith Be keSfassiag sigHS, flfeT.4dee aGWe"'eF, that said re'lyirem9RlEi shall Bet af'flly te
siagl. family and multi"l. family dwelliags gf less than thr.. uaits gr te eeaotRloliea sites where said
eJrew"a.t3.sas is aat ia eJHstease f.ar lBere thaa a 24 helir flanee. EJ[ea....atiaRs sf A feet 9 inMes aT mere eR
SYeR sites shall Bet he left YRatteRaed "1.itheYt substantial teHlperaty seT/ariag er Bameaaes.
15.llll.131l
Table Me. H .^. amended 1<1 o".eifr "llRBitted m...... ef pmvidiBg "ed.&lIiaa j>l"-9te<>lWa fer
Sh9Ft paRadE; af e9R~9R at l:-:ted height buildiBg S9R&b:uei.9D. sites.
Table ~Js. 14.1t 11)'fle afPrstestieH Re'IUired fsr Pedestrians" is hereby am.eadea ts aaa Feetaete
1 therete, "f:hiGh feetRete shall reaa as fElllg,'~:
Fearnate1: UpBa prier aj>"reval fer huilEliags Bet exo..ding 21 feot ia height, "rat.Gtiea m..,' h@
pre'id.d hy using soaffeldiag er h..mead.s '''hoa "aialiag, sandhlasting, adEliag light w@ight"@a@@r
er rene.....ating the f~eaee. CeIlstnu;tiEln time saRBat elCeaea lQ mgrkiBg aajrs.
15.08.110
Appendix Table 29-A amended to specify minimum number of public restroom facilities for
motor vehicle fueIin2 stations and mercantile occuDancies with fuel disoensin2 ooerations.
Table Number A-29-A - Minimum Plumbinl! Fixtures - Add Footnote Number 7. Motor vehicle
fuelinl! stations. inclusive of mercantile occupancies with fuel dispensinl! operations. shall provide public
restrooms available to customers durin2: hours of business operations. A minimum of one per sex. eauipped
with one water closet and one lavatory per restroom shall be provided. Restroom faciliti.s shall complv with
disabled access standards.
15.08.120
Appendix Table 29-A amended to specify minimum number of public restroom facilities for
motor vehicle fuelinl! stations and mercantile occupancies with fuel dispensinl! operations
required at time of remodel. alteration or repair.
Table Number A-29-A - Minimum Plumbinl! Fixtures - Add Footnote Number 8. Anv sinl!ular onsite
or structural remodel. alteration or repair in excess of $20.000 project valuation. or a collective valuation
of improvements within one vear from date of issuance of a permit for remodel. alteration or r.pair to an
existin2: motor vehicle fuelin2: station or an existin2: mercantile occupancy with fuel dispensin2: operations.
shall cOIDnlv with nrovisions contained in this Chanter for new construction.
SECTION II.
FINDINGS AND DECLARATION
The City Council of the City of Chula Vista specifically and expressly finds and declares that the
nature and uniqueness of the climate, terrain, and location does necessitate and demand specific
7
?~?
.,)
amendments to the Uniform Building Code, -l9W, 1994 Edition which are noted in the Chula Vista Municipal
Code and restated in this ordinance. -
SECflON Ill. EFFECfIVE DATE.
This ordinance will take effect and be in force on January I, 1996.
Presented by
Approved as to form by
Kenneth G. Larsen, C.B.O.
Director of Building and Housing
Bruce M. Boogaard
City Attorney
M:\shared\bld _ hsg\1994ubc.ord
8
7~/p
COUNCIL AGENDA STATEMENT
Item No.:
~
Meeting Date: 10/10/95
.2;,.1/5'
ITEM TITLE: Ordinance Adopting the Uniform Housing Code, 1994 Edition
SUBMITTED BY: Director of Building anf\~siiftf1/
REVIEWED BY, C;!y MMage' ~ ~~\ (4/5th, Vote, Yeo _ No JU
Adoption of the 1994 Edition, Uniform Housing Code is a routine action undertaken by
the Building and Housing Department every three years in response to newly published
Codes. The adoption of this Code is in conformance with City Council Policy 500-04 as
adopted by Resolution 5656 which endorses the establishment and maintenance of
Uniform Housing Regulations within the jurisdictions of the County of San Diego.
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1994 EDITION,
UNIFORM HOUSING CODE BY PLACING THE ORDINANCE ON THE FIRST READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at
their Monday, August 21, 1995 meeting unanimously approved the recommended
adoption of the 1994 Edition, Uniform Housing Code. Members of the architectural,
engineering and construction community were invited for their applicable comments.
No objections were received during the Public Hearing regarding the adoption of the
code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1994 Edition, Uniform Housing Code
by no later than January 1, 1996. Jurisdictions within San Diego County have met
collectively to discuss suggested modifications to the code with members of the
architectural and engineering community during monthly meetings of the San Diego Area
Chapter of the International Conference of Building Officials. As such, this process
recognizes and promotes code uniformity throughout the jurisdictions within the County
creating a positive professional environment among all code users.
FISCAL IMPACT: None. There are no increase in fees proposed in this adoption.
There is a potential for some incidental training costs to familiarize staff with new code
requirements. The costs for purchase of new code books was absorbed in previous
year's budgets.
1
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;/
ORDINANCE NO. ..< ~ 'If
AN ORDINANCE OF THE CITI OF CHULA VISTA, CALIFORNIA
AMENDING CHAPTER 15.20 OF THE CHULA VISTA MUNICIPAL CODE
ADOPTING THE UNIFORM HOUSING CODE, 1994 EDITION
THE CITI COUNCIL OF THE CITI OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That Chapter 15.20 of the Chula Vista Municipal Code is hereby amended to read as
follows:
CHAPl'ER 15.20
Housing Code
Sections:
15.20.010
15.20.020
15.20.030
Uniform Housing Code, W9l1994 Edition, adopted by reference.
Suhseeli.oB (a) ofSection:!Ol201.1 amended to Designate Director of Building and
Housing and as 'Building om,,;,,]'_
Suhsel!Ci.sB (ar sf Section:!ll3 203.1 amended to Designate Board of Appeals as
'housing advisory and appeals board'.
Section 304 added to Require Annual Housing Permit.
Section 305 added to Require Housing Permit Fees to be Set by City's Master Fee
Schedule.
Section 307 306 added to Require Suspension or Revocation of Annual Housing
Permit Where Operation is Non-Conforming.
15.20.040
15.20.050
15.20.060
15.20.010
Uniform Housing Code, W9l1994 Edition, adopted by reference.
There is hereby adopted by reference that certain document known and designated as the Uniform
Housing Code, W9l1994 Edition as copyrighted by the International Conference of Building Officials. Said
document is hereby adopted as the Housing Code of the City of Chula Vista, California providing for the
issuance of housing permits and providing the minimum requirements for the protection oflife, limb, health,
property, safety and welfare of the general public and the owners and occupants of residential buildings in
the City of Chula Vista, and the regulations, provisions, penalties, conditions and terms of said Uniform
Housing Code, W9l1994 Edition, are hereby referred to, adopted, and made a part hereof, as though fully
set forth herein, excepting such portions as are hereinafter deleted, modified or amended.
15.20.020
Suhsel!Ci.sll (a) sf Section :!Ol 201.1 amended to Designate Director of Building and
Housing and as 'Building Offici~
Section :M>>-W 201.1 of the Uniform Housing Code, as it applies in Chula Vista, shall read as
follows: -
Section :M>>-W 201.1 Authority. The building official is hereby authorized and directed
1
8':3
')
to enfotce all the provisions of this code. For such purpose, the building official shall have the
powers of a law enforcement officer.
The building official shall have the power to render interpretations of this code and to adopt
and enforce rules and regulations supplemental to this code as may be deemed necessary in order
to clarify the application of the provision of this code. Such interpretations, rules and regulations
shall be in conformity with the intent and purpose of this code. The Building Official shall be the
Director of Building and Housing.
15.20.030
liuboelllioR (a) of Section 203 203.1 amended to Designate Board of Appeals and Advisors
as "housing advisory and appeals board'.
liubo.OGOR (a) of Section 203 203.1 of the Uniform Housing Code, and the title precedent thereto,
as it applies in Chula Vista, is hereby amended to read as follows: .
Board of Appeals and Advisors.
Section :w3W 203.1 General. In order to provide for reasonable interpretation of the
provisions of this code, to mitigate specific provisions ofthe code which create practical difficulties
in their enforcement and to hear appeals provided for hereunder, there is hereby established a
Board of Appeals and Advisors consisting of seven members who are qualified by experience and
training to pass upon matters pertaining to building construction, use and occupancy of residential
structures. The Director of Building and Housing shall be an ex-officio member who shall not be
entitled to vote and who shall act as Secretary to the Board. The Board of Appeals and Advisors
shall be appointed by the Mayor and confirmed by the City Council. The Board shall render all
decisions and fmdings in writing to the Director of Building and Housing with a duplicate copy to
the appellant. Appeals to the Board shall be processed in accordance with the provisions contained
in Section 1201 of this code or in accordance with such procedures as may be prescribed by the City
Attorney of the City of Chula Vista. The decision of the Board is final. The Board of Appeals and
Advisors shall recommend to the City Council such new legislation deemed necessary to govern
construction, use and occupancy of residential structures, in the City of Chula Vista.
15.20.040
Section 304 added to require Annual Housing Permit.
Section 304, and the title precedent thereto, is added to the Uniform Housing Code, as it applies
in Chula Vista, which Section shall read as follows;
Annual Housing Permit.
Section ~ 304.1 It shall be unlawful for any person, firm, partnership, or corporation,
either for himself or itself, or for any other person, firm, partnership, or corporation to own or
operate an apartment house, lodging house or hotel without first obtaining a housing permit
therefor.
Section W4tB1 304.2 The Annual Housing Permit provided for in this code shall be due
and payable to the City of Chula Vista on the first day of January of each year in advance. The
housing permit fee shall be paid concurrently with the business license fee.
Section ~ 304.3 If any person, flt1Il, partnership or corporation commences the
operation of an apartment house or hotel during the calendar year, the housing permit shall be
2
8'--'/
prorated on a quarterly pro rata basis for the calendar year.
Section ~ 304.4 A permit to operate and maintain an apartment house or hotel is not
transferable. -
15.20.050
Section 305 added to require Housing Permit Fees to be Set by City's Master Fee Schedule.
Section 305, and the title precedent thereto, is added to the Uniform Housing Code, as it applies
in Chula Vista, which Section shall read as follows:
Housing Permit Fees. Apartment Houses, Lodging Houses, Hotels and Motels.
Section ~ 305.1 The fee for a Housing Permit required by Section 304 of this
ordinance shall be as presently designated, or as it may hereafter be amended as set forth in the
Master Fee Schedule of the City of Chula Vista.
For the purpose of this section, a "unit" shall mean each apartment in an apartment house,
each sleeping room in a hotel, motel, and lodging house, and each apartment and each hotel, motel
sleeping room in a building containing both apartments and hoteVmotel sleeping rooms.
Separate apartment house building and separate hoteVmotel building, or combination
thereof, located upon a single parcel of land or contiguous parcels of land, under the same
ownership, shall be treated as one apartment house, or hotel for the purpose of computing the fee
prescribed by this section.
Section ~ 305.2 Penalty for Delinquent Payment. If the housing permit is not paid
on or before the thirtieth (30th) day of the month following the date when it became due, then a
penalty in an amount equal to twenty-five percent (25%) of the permit fee due and payable shall
be added thereto, and no such permit shall be issued until such penalty has been paid.
Section ~ 305.3 The Director of Building and Housing shall cause to be made such
inspections, at such intervals, as shall be deemed necessary to insure compliance with the provisions
of this code.
15.20.060
Section 306 added to require Suspension or Revocation of Annual Housing Permit Where
Operation is Non-Conforming.
Section 306, and the title precedent thereto, is added to the Uniform Housing Code, as it applies
in Chula Vista, which Section shall read as follows:
Suspension and Revocation of Housing Permit.
Section 306 Whenever it is found that any apartment house, lodging house, hotel or motel
is not being conducted in conformity with this Code, the annual housing permit to operate shall be
subject to revocation or suspension by the Building Official.
SECTION II.
Findings and Declaration.
The City Council of the City of Chula Vista specifically and expressly finds and declares that the
3
8~5"
."-',
nature and uniqueness of the climate, terrain, and location does necessitate and demand specific
amendments to the Uniform Housing Code, -l99l 1994 Edition, which ate noted in the Chula Vista
Municipal Code and restated in this otdinance. ~
SECTION III. Effective Date.
This Ordinance shall take effect and be in full force on January 1, 1996.
Presented by
Approved as to form by
,ro~o~ ~
City Attorney
Kenneth G. Latsen, C.B.O.
Director of Building and Housing
M:\shll.red\bld _ hsg\1994uhc.ord
4
8'''-~
~") I
,
COUNCIL AGENDA STATEMENT
Item No.:
1
Meeting Date: 10/10/95
ITEM TITLE: Ordinance ~/''It Adopting the Uniform Plumbing Code, 1994
Edition
SUBMITTED BY: Director of Building an~\.o~si~~
REVIEWED BY: City Manage~ ~~;.,\ (4/5ths Vote: Yes No.lU
Adoption of the 1994 Edition, Uniform Plumbing Code is a routine action undertaken by
the Building and Housing Department every three years in response to newly published
Codes. The adoption of this Code is in conformance with City Council Policy 500-04 as
adopted by Resolution 5656 which endorses the establishment and maintenance of
Uniform Plumbing Regulations within the jurisdictions of the County of San Diego.
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1994 EDITION,
UNIFORM PLUMBING CODE BY PLACING THE ORDINANCE ON THE FIRST READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at
their Monday, August 21, 1995 meeting unanimously approved the recommended
adoption of the 1994 Edition, Uniform Plumbing Code. Members of the architectural,
engineering and construction community were invited for their applicable comments.
No objections were received during the Public Hearing regarding the adoption of the
code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1994 Edition, Uniform Plumbing Code
by no later than January 1, 1996. Jurisdictions within San Diego County have met
collectively to discuss suggested modifications to the code with members of the
architectural and engineering community during monthly meetings of the San Diego Area
Chapter of the International Conference of Building Officials. As such, this process
recognizes and promotes code uniformity throughout the jurisdictions within the County
creating a positive professional environment among all code users.
FISCAL IMPACT: None. There are no increase in fees proposed in this adoption.
There is a potential for some incidental training costs to familiarize staff with new code
requirements. The costs for purchase of new code books was absorbed in the previous
year's budget.
~-I /r-~
ORDINANCE NO. ,,1.t.l/t
AN ORDINANCE OF THE CITI OF CHULA VISTA, CALIFORNIA,
AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE
ADOPTING THE UNIFORM PLUMBING CODE, 1994 EDITION
THE CITI COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That Chapter 15.28 of the Chula Vista Municipal Code is hereby amended shall read
as follows:
Sections:
15.28.010
15.28.020
15 .2W. Q30
15.28.040 30
15.28.050 40
15.28.090 50
1Ji.JiLll?0
15 2R ORO
Chapter 15.28
Plumbing Code
Uniform Plumbing Code, -l99l 1994 Edition, adopted by reference.
Section :w..ll02.1 amended to designate building official.
~emgR 20.3 alR8Rded tg t~8BBe CAula 'JiGta~g Ceaeral Penalty Pt:9Visi9D6
Section :mA(a) 103.4.1 amended to have fees reference city's Master Fee Schedule.
Section 30.4(d) 103.4.4 amended to exempt imposition of investigation fees for
emergency work.
Section ~ 103.5.6 amended to reference the city's Master Fee Schedule.
~em9R 1105 alB8Iuler.i to Gpeafy 19~a1 _:_:-1HR ~esid9Btial Ssy'TeI' riZ(].
....pflealliK C adopted as "'C!llmmeBded guide.
15.28.010
Uniform Plumbing Code, -l99l1994 Edition, adopted by reference.
There is hereby adopted by reference the Uniform Plumbing Code, -l99l 1994 Edition, and
Appendices A, B, C, D and H document as copyrighted by the International Association of Plumbing and
Mechanical Officials ("UPC"). Said document is hereby adopted as the Plumbing Code of the City of Chula
Vista for regulating the complete installation, maintenance and repair of plumbing, drainage systems, water
systems, gas systems, private sewage disposal systems on all properties and within all buildings and
structures in the City. Providing for the issuance of permits and collection of fees therefor and each and all
such regulations, provisions, penalties, conditions and terms of the Uniform Plumbing Code, -l99l 1994
Edition, and Appendices A, B, C (a, a g,,;do), D and H are hereby referred to, adopted, and made a part
thereof as though fully set forth herein, excepting such portions as are hereinafter deleted, modified or
amended.
15.28.020
Section:w..l 102.1 amended to designate building official.
Section :w..ll02.1 of the UPC as it applies in Chula Vista shall read as follows:
Administrative Authority.
1
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Section :Ml..l 102.1 The Administrative Authority shall be the Director of Building and
Housing--the Authority duly appointed to enforce this Code.
1~ 2ft 01Q
Se~R 20.3 alB9Ilded t9 FBfet8llal Ckula ,~ts CSBeGII P"Jll~" Pr-o:viEi9R&.
Se.tieR 2Q ~ af the UPC as it al'plies iR Ch"la Vista shall read as wile'....
'liel~gR ana Peaalt3.96
SeeQeR 2g.d(a) 'Gglatisas f..ny perseR, flnB Sf s9FFeratisR ".ielating aay lUe\isisBS efthis
seas saall, \Ipsa eeWJiet3.sB thereef, shaY Be fJHjeet t8 pYRiduaeat as prsT,idea fef ill Chapter 1.2Q
ef the ca"la Vista M"Rkil'a1 Cede.
~8stiQR 2Q ~(B) Penalties ^a:,' FergeR, flAB., Sf eeFpBFatisa \islatiag any prs"/isien. gftltis
seae sRall be aeemed guilty sf a misdemeaner, ana \IlleR eeR"!h~tiBB thereef, shall he IHiRishahle
by a fIB€! ani/sr impris9ameRt set fg~ B~' tae gg"~eFRiBg 1a-1"s Bf the jurisdietisa. Eaan separate
a~' Sf :m:,' pettieR theresE, awing ....llieR ~. "iebtisB sf thiE: Cede essure Sf eel1t1.B\l8S, shall be
deemed te seRstitYta a separate eff.QRse.
15.28.040 30 Section ~g.4Ca) 103.4.1 amended to have fees reference city's Master Fee Schedule.
Subsection ~Q.4(a) 103.4.1 of Section 3Q,4103.4 "Fees" of the UPC as it applies in Chula Vista shall
read as follows: -
~Q,4(a:l103.4.1 Permit Fees. The fee for each permit shall be set forth in the Master Fee
Schedule of the City of Chula Vista.
15.28.~ 40 Section ~Q 4 Cd) 103.4.4 amended to exempt imposition of investigation fees for emergency
work.
Subsection ~Q.4(d) 103.4.4 of Section 3Q,4 103.4 "Fees" of the UPC as it applies in Chula Vista shall
read as follows: -
Section ~g.4(d) 103.4.4 Investigation Fees.
fB Subsection 103.4.4.1 Whenever any work for which a permit is required by this Code
has been commenced without first obtaiiring said permit, a special investigation shall be made
before a permit may be issued for such work.
{:l1 Subsection 103.4.4.2 An investigation fee, in addition to the permit fee, shall be
collected whether or not a permit is then or subsequently issued. The investigation fee shall be
equal to the amount of the permit fee that would be required by this Code if a permit were to be
issued. The payment of such investigation fee shall not exempt any person from compliance with
all other provisions of this Code, nor from any penalty prescribed by law.
~ Subsection 103.4.4.3 This provision shall not apply to emergency work when it shall
be proven to the satisfaction of the Administrative Authority that such work was urgently necessary
and that it was not practical to obtain a permit before commencement of the work. In all such
cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable
2
~-i
delay in obtaining such permit, the investigation fee as herein provided for shall be charged.
15.28.()(i(l 50 Section ~ 103.5.6 amended to reference the city's Master Fee Schedule.
Section :lQ 5Cf) 103.5.6 of the UPC as it applies in Chula Vista shall read as follows:
Section ~ 103.5.6 Reinspections. A reinspection fee may be assessed for each
inspection or reinspection when such portion of work for which inspection is called is not completed
or when required corrections have not been made.
This provision is not to be interpreted as requiring reinspection fees the first time a job is
rejected for failure to comply with the requirements of this Code, but as controlling the practice of
calling for inspections before the job is ready for inspection or reinspection.
Reinspection fees may be assessed when the approved plans are not readily available to the
inspector, for failure to provide access on the date for which the inspection is required, or for
deviating from plans requiring the approval of the Administrative Authority.
To obtain a re-inspection, the applicant shall me an application in writing upon the form
furnished for that purpose and pay the re-inspection fee in accordance with the Master Fee Schedule
of the City of Chula Vista.
In instances where reinspection fees have been assessed, no additional inspection of the
work will be performed until the required fees have been paid.
IS.21l.Q7Q
~emgR 1ICS ameo.tled. tg speefy 19~al m:_:-um r.eGitl_1ial Rev-Tar fji:lg
..Olien 11Q5 ef the UPC as it "fll'lies in CRula Vista shall r.ad as f..llows:
..elien 1 HJ5 .iz. ef lluihling ...".r... Th. minimum si". ef any building S.'N.r shall b.
determined ea t.he Basis sf the tetal Btlmeer sf fE~\lre uaits araiaea B~P SUER se;r,psr, ill aeeenlaaee
with Table 11 2. Ne baihling s.w.r shall b. small.r than the bail ding drain. He'!:.v.r, the
miRim\lm size el:lilwRg &S"?er fef ~. fesiaeBtial (R) eeG1:lpaaey sRaY he Bet less thaR 4 iawes.
IS 211 QIlQ
App.BdiK C adapt.d as r....--.ndod guide.
^ l'P.ndix "c" of the UPC as it al'l'Ii.s in Cluda Vista shall b., and h.r.by is, adal'r.d as a
reeemmeaaea gyide fer determining the miBim\lHi re"J:Uin~d sanitary (.aGilities fer yari9\lS ese\1f1aludes.
D....iatian KeRl the sp.eili.d numb.r effurtur.s is subj.er ra r.',;",,, and l'rior al'l'roval by the l\dmiBistrative
~\.uth9Fity.
SECTION II.
Findings and Declaration.
The City Council of the City specifically and expressly finds and declares that the nature and
uniqueness of the climate, terrain, location, and environment of the City does necessitate and demand
specific amendments to the Uniform Plumbing Code, -l-9-9-l1,22i Edition, which are noted in the Municipal
Code and restated in this ordinance.
3
9r5
Section III.
Effective Date.
This ordinance shall take effect and be in force on the January 1, 1996.
Kenneth G. Larsen, C.B.O.
Director of Building and Housing
APPMZ~bY~
Bruce M. Boogaard
City Attorney
Presented by
M:\shared\bld ~ hsg\1994upc.ord
4
9~~
---:~
COUNCIL AGENDA STATEMENT
Item No.:
It}
Meeting Date: 10/10/95
.2/,'17
ITEM TITLE: Ordinance Adopting the National Electrical Code, 1993 Edition
SUBMITTED BY: Director of Building amr.::\~~fJ/
REVIEWED BY, City Manage< J1 ~ ~ (4/5th' Vote, Yos No JU
Adoption of the 1993 Edition, National Electrical Code is a routine action undertaken by
the Building and Housing Department every three years in response to newly published
Codes. The adoption of this Code is in conformance with City Council Policy 500-04 as
adopted by Resolution 5656 which endorses the establishment and maintenance of
Uniform Electrical Regulations within the jurisdictions of the County of San Diego.
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1993 EDITION,
NATIONAL ELECTRICAL CODE BY PLACING THE ORDINANCE ON THE FIRST
READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at
their Monday, August 21, 1995 meeting unanimously approved the recommended
adoption of the 1993 Edition, National Electrical Code. Members of the architectural,
engineering and construction community were invited for their applicable comments.
No objections were received during the Public Hearing regarding the adoption of the
code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1993 Edition, National Electrical Code
by no later than January 1, 1996. Jurisdictions within San Diego County have met
collectively to discuss suggested modifications to the code with members of the
architectural and engineering community during monthly meetings of the San Diego Area
Chapter of the International Conference of Building Officials. As such, this process
recognizes and promotes code uniformity throughout the jurisdictions within the County
creating a positive professional environment among all code users.
FISCAL IMPACT: None. There are no increase in fees proposed in this adoption.
There is a potential for some incidental training costs to familiarize staff with new code
requirements. The costs for purchase of new code books was absorbed in the previous
year's budget.
1
/d'1);0 -:2..
. ~.r ;
ORDINANCE NO. .2. (, J/ 7
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA,
AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE
ADOPTING THE NATIONAL ELECTRICAL CODE, 1993 EDITION
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That Chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Sections:
15.24.010
15.24.015
15.24.020
15.24.O:W 25
15.24.~ 30
15 :l~.ll30
li.24.Q:Ui
15.:l~.~O
15.:l~ g~5
15 :l~.ll50
15.24.~ 35
15.24.0c;0 40
15.:l~.oc;5
15.:lHI70
15.:l~.g75
15.24.()gQ 45
15.24.085 50
15.24.090 55
15.24.095 60
15 :l~.lIlO
Chapter 15.24
Electrical Code
National Electrical Code, .w9O 1993 Edition, and Unifonn Administrative Code
Provisions for the National Electri---car Code. 1993 Edition. adopted by reference.
Advisory and Appeals Board.
Enforcement Authority - Powers and Duties of the Director of Buildinll and
Housine:.
Materials ."..ppr_a1 Re'luKed. Section 304(a) of the Unifonn Administrative Code
Provisions for the National Electrical Code. Pennit Fees Amended to Reference the
Master Fee Schedule.
I>efiRiliell8. Section 304(b) of the Unifonn Administrative Code Provisions for the
National Electrical Code. Plan Review Fees. Amended to Reference the Master Fee
Schedule.
EDfgr~msRt Autlun.:ity PEWTeR aad Duties of the DH.:eGt9r sf BlIiIttiDg tmd
U9ttsiag.
biaIliIily aad Respell8iilility fer Cemplil1ll....
P eRRils R,Qquil:ed 1"r.h8R.
PeAR"" Net Rel}Uir..d WJ...B
PeAR"" AwlkatieB CoateBtll Re'luired.
Previously Used Materials.
Fees for Permits and Inspections.
PeRRilB Null aad Vaid WheB PeRed ofValidily Reaewal.
JRgpe~9RG
Di&appFs".~d IDfi+...n...ti9BG N~9R Re'luK-ed CeHeeb9B.
Distribution Panels - Separate Required When.
Circuit Cards to be Posted When.
Electric Fences - Defined - Prohibited.
Phase Arrangement - Amended.
Ce--lHlioalieB S",,_. Deleted.
15.24.010
National Electrical Code, .w9O 1993 Edition, Adopted by Reference.
There is hereby adopted by reference that certain document known and designated as the National
Electrical Code, l-99O 1993 Edition, as published by the National Fire Protection Association, and includinll
1
/tl"J
~'>
the Uniform Administrative Code Provisions for the National Electrical Code. 1993 Edition. as published bv
the International Conference of Buildinl( Officials a oOI'Y of whicll. is Oil file ill the OfRoe of the City Clerk.
Said documents is are hereby adopted as the Electrical Code of the City of Chula Vista, California regulating
the installation: repair, operation and maintenance of all electrical wiring and electrical apparatus of any
nature whatsoever, whether inside or outside of any building, and issuance of permits and providing for the
inspection thereof.
15.24.015
AdvislllY aIld !"I'I',aIo Ilo...d Board of Appeals and Advisors. Subsection (a) of Section 203
of the Uniform Administrative Code Provisions for the National Electrical Code amended
to desil(Date Board of Appeals and Advisors as the Board of Appeals.
In order to hear and decide appeals of orders, decisions or determinations made by the Building
Official relative to the application and interpretations of this code, there shall be and is hereby created a
Board of Appeals and Advisors consisting of seven members who are qualified by experience and training
to pass upon matters pertaining to electrical aspects of construction. The Director of Building and Housing
shall be an ex-officio member who shall not be entitled to vote and who shall act as Secretary to the Board.
The Board of Appeals and Advisors shall be appointed by the City Council from the qualified electors of the
City in accordance with the provisions of Section 600 et seq. of the Charter. The Board shall render all
decisions and findings in writing to the Director of Building and Housing with a duplicate copy to the
appellant. The decision of the Board is fmal. The Board of Appeals and Advisors shall recommend to the
City Council such new legislation deemed necessary to govern electrical aspects of construction in the City
of Chula Vista.
15.24.030 ~ Enforcement Authority - Powers and Duties of the Director of Building and Housing.
Subsection (a) of Section 201 of the Uniform Administrative Code Provisions for the National
Electrical Code amended as it applies in Chula Vista shall read as follows:
Section 201(a) General. It shall be the duty of the Director of Building and Housing to
enforce the provisions of this code. For such purooses. the Buildinl( Official shall have the powers
of a law enforcement officer. That l'efsoll shall, ""Oll "fll'lioaaoll "fll'roval, grant l'e_its {gr the
iBstalla.t3.SR Sf alteratieR sf elef2trieal '<I.iriag, aenises, appliae.ess ana e'l\lipmeBt, and shall make
iRspeaiGRS sf all B~\~ eleetHeal iastallatieBs and reuu:peetieas sf all eleetrieal iastallaaElBs as
l'ro'iliea ill this ooae. He/she shall keel' oom"lete reooras of a1ll'eRllits issuea, ill'l'eotiolls aIla
reinSf'eetisIls made, ana ether e~eial1"eFk IH!FfElFHlea ia aeseraaaee T.dth the prsT.4sieIl& sf thiB
eoae The nireotor of Illlihlillg aIla Hou,iag mar aelegate l'owe.. or allties to aBY assistaat.
The Direotor of Illlihliag ana Ho..,illg shall h..ve the riglH, auriag reasoaable hOllrs or at any time
"'4:U!B e~~treme aaRger exists, t8 eater ~. lnlilGiag in the aiseaarge sf his/her effieial duties Sf {.sf the
pl:lrpese sf making an iR&peetiea, reinspeetisa Sf te&t ef the iastaUatisa sf eleetrisal ,..iRag, aiPiaQs,
"fll'lianees mol e'l"il'meat oelltaiaea th.r.iIl. The Director eflluihliag aIla Housiag shall h..,'e the ....thoRty
to liisoolllleot aBY ,"ire ill ea,e, of emergeades where Ileoe'saty to the sa,f-et:,' of lif-e or l'rol'erty, or 'Nhere
,"ob. '.,..re may iaterf-ere '.vith the Talk af the Fir. ne"anm.eat. The Director of Iluil<lillg ana HOllsillg i,
a1:ltBerlzea te disssaaest er enter diseeattn1:lanee sf elestrisal ~er.ise te :m-y elestrisal ,.qrlag, aiPises,
al'l'lianoes ar e'l"i"meat {gllaa to he ha,arGaus to lif-e ar l'ral'erty heoa..,e they.... aefeow:el:,' ill'taUea or
Bet aae'luately iasl'eotea
15.24.O:W 25
-
MateRals "I'I'~ovaI Reqllir-ed Section 304(a) of the Uniform Administrative Code
Provisions for the National Electrical Code amended to have permit fees reference Citv's
2
JtJ ' 'f
Master Fee Schedule.
bi.yag er lab.liag a. oeaf-ermiag te the .taRdard. ef the Uad.rwriters' LaherateRe., la, ef the
lJRitea ~tat9S lhlfeay. sf ~taIldanls Sf ether similar institutiGR sf reeegn.i~ed standing daaU b8 Failla fase
sY.idenee sf eeR~FHlitj. ~'ith the appreysa stanaards fer safstj. t9 life ana prepe~' ~rg eleetrieal material,
apf1lianeeE at 9'tYipm8at that dees Bet semp~' .mith. thiEl sastien gRaU be installed within the City.
Subsection 304( a) of S.ction 304 "F.es" of the Uniform Administrative Code Provisions for the
National Electrical Code as it applies in Chula Vista shall read as follows:
15.24,025
Section 304(a) P.rmit Fees. The fee for each permit shall be s.t forth in the Mast.r Fee
Schedule of the City of Chula Vista.
1)...1:-:ti9BG
Fer th. p,n!'es.. ef this chapt.r, the f-ellewiag werd. and phra..s shall have the meaniags
r.sp.,,~h'.1y a..rib.d te th.m by this se'tien:
15.24.030
^
--.
".^part:meat Heyse" is a lnlilSiag Sf peniea thereefwhieh SGataiRs Ytree Sf mere d~NelliBg
\tRite aaa, fer the f'u1l'Gse af this sese, msl1utes reehleBtial seaaemiaiy.Hls.
Il.
".^_fJIUW'iHl" means asseptahle t9 the a\ltherity e:nfersiag this Gaapter.
c.
"D.partm.at" m.ans th. D.partmeat ef Iluildiag aad F1e..siag.
D.
"Direoter ef Iluildiag aad Heusiag" m.an. the h.ad ef th. D.partm.at ef Il..i1diag and
Heusing. .'\Ise kae'N'Il. as the Iluildiag Om,ial.
E
"D....'.lIiag" is any Buildiag. er perRea th.reef'l'hioh ,eatain. aet mer. than ewe wNelliBg
...m..
F
"Dw.lliag Uait" is aay buildiag erperRea th.r.efw~ioh "Bataias !i,\.;ag fa,"-Iiy.s, iacludiag
prs"isisRS fef deepmg, eating, seekiBg and sanitatieR, a~ re'luirea by the lJaiwAB lhlildiag
Ced., f-er aBt mere thaa ea. family.
c
"Eleotrioal Iasp.tter" m.an. the Direoter ef Iluildiag aRd He".iag an,\,' sr hie/h.r designe..
iI.
"1:I9tel Meter' is a lnlildiIlg seIltaiaing six Sf mere guest reeRlS iateBaea Sf aesigHea t8 se
\lsed, Sf ,\,thieh are usee, FeBtsd Sf hired 9Ut t9 be ess\lf1ied, Sf WHim are essYf'ied fur
sleeping p\tFp9!H!& B)" guests.
I.
IIV'-IgeEk~t9FlQRg ~R9p" (see aefinitisR ill Ul1imrm lhlilEliag Cede)
Subsection 304(b) of the Uniform Administrative Code Provisions for the National Electrical
Code amended to have plan review fees reference City's Master Fee Schedule.
Subsection 304(b) of Section 304 "Fees" of the Uniform Administrative Code Provisions for the
National Electrical Code as it applies in Chula Vista shall read as follows:
Subsection 304(b) Plan Review Fees. When submittal documents are reQuired bv subsection
3
/~,.r
(b) of Section 302. a plan review fee shall be paid at the time of submittinl( the submittal
documents for plan review. The plan review fees for elecnical work shall be eaual to 25 percent
of the total permit fee as set forth in the Master Fee Schedule of the City of Chula Vista.
15.2~ Q~5
liabilil;y ....d Re""oBBi.bilily for CompliiIBee.
TIHs ~hapter dUHI Ret be e9RStnlea t9 relie~:e frem Sf leEif.i8R the ref.ip8afj~iJ.itj. sf aa:f p~' 91~qaing,
eperatiRg, eeRt:rel1iRg Sf installing ~. eleatRea! "'~riRg, eleetrieal de....ieQ Sf eleaneal materials fer damage
t9 parseR Sf preIH!R:,' aaused by any aef-eet therein Ref '"RaY the Cit:,' Sf ~. eff.iaer Sf empleyee thereef
em-ereiIlg this eka~ter be held as assuming any sueR liabilit:" hr TeaseR sf the iaspeGtieRfi il\ItheR:!ea aerein,
Sf eertifieats sf iaspew9R issued in aeeeraaBee 1'ith the }1J:s"isisREi sf this SaBfJter.
1li.24.1)10
PeHDito Re"uired Whea.
1.. No electrical wiring, d",.;eec, applianees sr e'l"ipment shall be installed within sr en any bwlding,
stmerure er premis.s ner shall any alteratien er additisn be made in an:,' sllea existing .....;ring, de\.;ees,
"t')'lianees er e'l"ipmeat mithsut lirst seeuring a )'ermit thereoor frem the De)'~ent ef !lllilding ana
l=Ie\lSiRg, exes})! as statea ill ~eet:i9R la 21.Q1a.
R PeFHlits fjkall he ebtained eef.er8 meFk is started, exe811t in eases ".vl1ere emergeRl2f sr urgent
neeessity ean he shEr"/.q} te ertist, prsTiaea a Fermit is ebtainea ".vithin twenty fuw RSUf6 exeusi"!e ef
Saturday<, Slinaay< ana helida"s.
C Permik fsr PGHately ewnea ssnduiu: er ether mateFials in ana aeress st:t:eetEi aRa aUers may be
issued snl,' after "t'pre.:al has been grantea by the Direeter ef Publie ",.'arks fer the installatien.
15.2'1.015
PeEmik Net REHfuH:ea ~lIleB.
.'t. Me permit shall 138 f'iHtyit-ea fer miner repair '('.7erk, sucl1 as repairing flush sr SBafJ s'('iteheEi,
n~plasiRg €Yses sr repairiRg lamp seelcets ana reeeptaees, pre:oiwng sucl:1 "rerk is GSBe in :leeSrdaae8 '(uith
the Fre".4sieRs sf thil> eeae.
!l. Ne )'e_it shall be re""irea oor the r")'laeement ef lam)'s er the eenneetien ef )'ertable "t')'lianees
te suitable reee)'taeles wh.icb ha'.e been )'ermanently installed.
C. Ms peRRit sRaD be re'l\lit-ea f.er the instaDatieIl, alteratieIl er repair sf 14iriag, Q8niees, afJpliaBees
er el:luipmeRt ~r the aperat1.eB sf sigtlals er the transmissieR sf iRtelligellse, Bet ineu4ing the seRKel sf
lighting sr appliaRse sit-suits, '('iIere BUsh ".\"iriIlg, aw:ises, applianees sr e'tYiFment sperate at a ":eltage Bst
exeeeaiRg twenty H?:e "'sIts beW.7een eena\lster-Ei ana as Bet iIleuae generating sr traBsfuRlling el:l1:lipmeIlt
eapable ef s\1ppl~ing mere tJ:lan eRe hWlarea watts sf eB8r~'.
D. ~Js permit shaD be rel:luired €sr t.aQ iBstallatie8, alteratisR er repair ef eleetrisal WifIng, aw'iees,
afJplialUles ana e'tYipme8t installed b~T ar f.gr a pu.blie serlise sarparatia8 i8 the eperatieB ef signals ef
traasmisEiisB ef intelligeaee.
Eo ~Ie )'ermit shall be re'l"irea oor the installation ef tem)'erary ,"iring fer testing eleetrieal a)')'aratlls
ar e'ty}pment.
F. Tae United ~tates, the ~tat8. Ceuaties, Cities, Ssheel DistRets and ether FYBlie agendes shall Be
4
JtJ--t
SJ[empt Ksm paymeRt af fees.
15.24.11511
PeFIBHG ApplWati9a C9ateDtB Re'luK-ecl.
_'\f1plkatisR fur a per,m.it~ e1essribing the ~".T9rk ta be daRe, Bhall Be made ill ~Hr,.itiRg te tAe Qirestsr
efQuildiRg and HeuE:iag. The applieatisH shall Be asssmpaniea BY sush f'lans~ speeifieatisRs ana ~eheel\llef;
as ma:," be aeeeSE:ary te deteaniRe "'~etRer the iR!>tallatieR a!> aeseF.i.bea "'i11 Be ill e9af43rmity '<.\ith the
re'tUKemerns sf the eeae. If it shalllle {guild tAat the iastaRati9a as deE:eBBed '"(niB geBerally eeBf.eFHl with
Yt. r."uir.m.Rt. ef thi. .ea., ....a if Yt. a""Ii.aat has .em"liea with all ef Yt. "re'.i.ieR. ef this eea., a
permit f-sr E:\leh iBstallatisR shall be iBByea Pre'<idea, RaT97~er, tilat the iss\lanee sf the permit shall Het Be
takea as peaaissiea ta '<lia]ate any afthe refluiremerns aftha saele ^fJf'lieaGeBs fur pea:aits fer eleetFieal
iastallatielH: Tx.aere tlte seFiiae aapae~" eJreeeds tl:.Te luuuired amperes shall Be aseelRpaniea by W-Te sets ef
eleetFiealliaa drw!.ings and lead and dh:tributieB ealeulatiaRs she~J.iRg sepias panel ana Braaeh panel
eapaeities and leaatieBs, sernee s:o.\iteh and braneh syNiteh sapaeities~ eSRd\lit and :t:eedsr si~es.
15.24.ll5l> 35 Previously Used Materials.
Previously used materials shall not be reused in any work without approval by the Director of
Building and Housing or an authorized deputy.
15.24.09ll 40 Fees for Permits and Inspections.
A. Fees for processing and inspecting electrical permits shall be specified in the Master Fee Schedule.
Note: Ampere rate shall apply to the secondary side of the transformer or transformers.
Il. Rem."..tiea.. A r.m."..tiea f.. may h. a......a fer .aeh ia.".etieR er r.m."..tiea 'l.'hieil .ueil
pameR afwerk fer ....4:1ieh hu:pestieR is salled is Rst esmplete sr '<1.T.aea Sef.r9gQslls salled fer are Ret maae
'This .ull.eetiea i. aet te h. iat.Fjlr.t.a a. r.'Illiriag r.m."..tiea f.e. Yte fJr-6t time a jeh i. r.j..tea
fer fail\lrs ts eemply '"idth the rSElUKelBsBtE af this eads, Slit as seRkalling ths }lFaetiee af salling ~r
iB~psGtisas befers the jab is read)' fef SHeA iBSpeet3.9B Sf reiBsFeetiea
RemE:Feetien fees ma~" be assessed ".dlen the permit sani is Rat prsFeFI~' peBtea ea th.e wSfk site,
the """rev. a "Ian. are aet readily a':ailallle te the El..tri.al Ia.".eter, e.gr failure te pre,ia. ae.... ea the
date fer ...~ish. insfJestisR iF; reflye!>tea, sr Par d~r<:iati.ng Kam plans re'lyirillg the apfJra''a1 sf the Q\tilwng
Offieial.
III iRstanees ,"here reinspeetisl1 fees ha~:e been assessed, ne aawtieRal inE:peetisB sf ":Tsrk '"("ill Be
petfeFRled \tntil the re~irea fees RiPT@ BeeR paid.
C. hv'estigatian Fees '~lerk ~~ith9Ut a Permit.
1. InreEHgatisn. 'NReBS'"er~' "'Tsrle fef ~N.hieh a permit is re~iced by thifi eede aa!> Been
gemmeased w.itheut first 9Btaiaiag said permit, a E.:f1eeial iw'estigatiea saall Be made bef-sre a FeRRit
ma~' be issued fer SlieR ~"erk.
2. F.... Ia ia':..tigatiea f.g., ia aaditiea te th. "._it fe., .hall h. .ell..t.a nq,..th.r er aet
a peABit is theR sr fiYBse'ly.eRtly iSE.:\!ed. The iRy'sstigatisn fee shall aet exeeed the ams\tnt ef the
5
/~,?
iJ
peRRit l'e'fYKea hy the Master Fee ~flhedY.le. The pa-ymen.t ef su~ iavestigatieR ~ee BRaY Ret
em!Blpt aa:,' pe~S9n. farm saBlplianse ".ith all etRer prs"isieRs sf th~ selie Rer heBl an:,' peRaltj'
pressRhed BY la.w.
15.24.llCi5
P&nIlits Null aDd '1gid Y.~eR PaRgd ef'{,a)idity RSRiW~
i\.. Expiratiea. Eaoh p._it i"uea hy the Iluilwag Offi.ial uader the pre.li,ie.., et thil; .eae ,hall e''I'ire
by limitatiea aaa he.eme aull aaa yeia it the bllilaiag er 'lTerk a\ltherhea hy ,\lob. permit i, Bet .emmea.ea
'tdthiR l~Q days sf the date ef SUM peRRi! er if the lnaldiRg Sf '~"'sFlt autheE.i!ed BY SlieR permit is slispeRaea
er ahanaeaea at llIlij lime after the 'I..erk i, .emme...ea fer a periea et lSQ aay', 'NeR< fer .....J.ieh an
iRspeGtian. appre":al has RSt heeR shtaiRea shaY he 1:!9Rsidered EuspeRdea. Qefere BUM ~xerk san he
r".emmea.ea, a """,' permit ,hall he flr,t ehtai..ea ana the tee ,hall he eae halt the ame....t re'!llirea fer
a......... pe_it fer ,,,01.. werk, previae a ae .hang., ha",e heea maae er'I,ill he maae ia the erigiaalplan, ana
spesififla13.aRS fur Slim merk ana pt:e-riaea f'1.1rt.her that Sliet syspeRsisn. sr agaaaen.BlBat has aet exeeeaea
eae year.
Il. :;:"'pe..,iea er Re...e.atiea. The Iluilw..g Official may iR ,uriliag ,u'pe..a er re"eke a permit i"uea
URa.r pre',.;oie.., ef thi, .ea. .....h.Re....r the permit i"uea iR errer eR the hasi, et iR.erreot i..fermalieR
s1appliea sr iR ".rielatien. ef any srdinanse sr reg.1llatiaR sr an~' ef the prs-rqSiSBG sf thh: seas.
15 24.Q7Q
'...peotie",_
All eleetri.a1 ,,'eR< fer '1..J.ieh. a p.rmit i, r.q\lirea ,hall he ,uhjeet te ia'peoliea hy the Dire.ter ef
Iluilwag ana Heu,iag er hi,/her ae,igaee.
It shaY he the duty sf the perseR aaiRg thewerk a\1tB.erizea hy a peaait te aaQ~' the gepa~BleRt
sf QliileliRg ana He1:lsin.g that sueR merIt is reaEi)' ~sr iR&peS13.eR
It ,hall he the auty ef the perseR r.'!Ile,liRg iR'pe.tieR r.'luir.a by thi, .eae te previae aeoess te
ana BleaRS fer preper in.spee-tieB sf &liea '""erJ~
The EleotR.a1 In'peeter ,hall h",'e the autheaty te require r.me\,a1 et any eh'trueQeR that pr.,'eats
preper iHspe~ea ef any eleetrieal wark
15 21,Q75
I>isaPl'f9Vod I",tallati<m, NGtifi<;atioR R e"uKed C9A'<l<!ti_
If liFeR iRElpeetieR, the iRstaYa.tieR if Rat f.e1:lR€l ta Be in. fllll "en.fermanee "I.rith the pre-r.isien.s efthis
seae, the :EIB~trisal In.speeter saall at en.se n.etify the pen:ea making the iBstallatieB, stating the elef.g"ts
'",ilisJa ha'":e beeR WRRa te exist. fill aef-ests shaY Be SeFI'estea '":'ithin teR Qa:'}S after iaspeetieR ana
n.etifiSat3.SR, ar within. ether rsaseaable time a permitted by the ElestFisal IBspestaf
15.24.0&ll 45 Distribution Panels - Separate Required When.
Each store in a store building, each flat in a flat building, and each building used as a dwelling shall
be so wired that each store, aparnnent, flat or dwelling shall have separate lighting and/or power
distribution panels. Such panels shall not serve other portions at the building. Hotels, motels, hotel
aparnnents and similar types at buildings may be wired from one or more distribution panels.
6
//J ~ ~
15.24.08li 50 Circuit Cards to be Posted When.
When requested by the Director of Building and Housing, a complete schedule of circuits showing
the number, kind and capacity of each outlet on each circuit shall be posted on each job prior to rough
inspection.
15.24.OQQ ~ Electric Fences - Defined - Prohibited.
A. As used herein, the term electric fence includes all fences which in any way use electrical energy
as an additional deterrent or have wires charged with electricity which are not covered with adequate
insulation to protect persons and animals coming in contact therewith.
B. No electric fence may be constructed, maintained or operated within the City.
15.24.0% ~ Phase Arrangement - Amended.
Section 384-3(f) of the +99ll ~ National Electrical Code is hereby amended to read:
Phase Arrangement. The phase arrangement on three-phase buses shall be A, B, C from front to
back, top to bottom, or left to right, as viewed from the front of the switchboard or panelboard. The C
phase shall be that phase having the higher voltage ground on three-phase, four-wire delta-connected
systems. Other busbar arrangements may be permitted for additions to existing installations and shall be
marked.
15.2~.lgg
CSJIlJRURiaHi9B S}~tem!; I>eleted
C"apter ~ ef the 199Q NaaeBaI EleotRoal Cede is "ereby deleted.
SECTION 11.
Findings and Declaration.
The City Council of the City specifically and expressly finds and declares that the nature and
uniqueness of the climate, terrain, location, and environment of the City does necessitate and demand
specific amendments to the National Electrical Code, +99ll1993 Edition, which are noted in the Municipal
Code and restated in this ordinance. -
Section 111.
Effective Date.
This ordinance shall take effect and be in force on January 1, 1996.
Kenneth G. Larsen, C.B.O.
Director of Building and Housing
Approzm; ~
Bruce M. Boogaard
City Attorney
Presented by
M:\shll.red\bld _ hsg\1993nec.ord
7
}tJ~~
COUNCIL AGENDA STATEMENT
Item No.: II
Meeting Date: 10/10/95
Ordinance .2~l/~doPting the Uniform Mechanical Code, 1994
Edition
SUBMITTED BY: Director of Building anr\~u~
REVIEWED BY: City Manager JG\ ~~\ (4/5ths Vote: Yes No JU
Adoption of the 1994 Edition, Uniform Mechanical Code is a routine action undertaken
by the Building and Housing Department every three years in response to newly
published Codes. The adoption of this Code is in conformance with City Council Policy
500-04 as adopted by Resolution 5656 which endorses the establishment and
maintenance of Uniform Mechanical Regulations within the jurisdictions of the County
of San Diego.
ITEM TITLE:
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1994 EDITION,
UNIFORM MECHANICAL CODE BY PLACING THE ORDINANCE ON THE FIRST
READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at
their Monday, August 21, 1995 meeting unanimously approved the recommended
adoption of the 1994 Edition, Uniform Mechanical Code. Members of the architectural,
engineering and construction community were invited for their applicable comments.
No objections were received during the Public Hearing regarding the adoption of the
code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1994 Edition, Uniform Mechanical Code
by no later than February 23, 1996. Jurisdictions within San Diego County have met
collectively to discuss suggested modifications to the code with members of the
architectural and engineering community during monthly meetings of the San Diego Area
Chapter of the International Conference of Building Officials. As such, this process
recognizes and promotes code uniformity throughout the jurisdictions within the County
creating a positive professional environment among all code users.
1
)/-I
Council Agenda Statement
Uniform Mechanical Code
/1
Item No.:
Meeting Date: 10/10/95
FISCAL IMPACT: None. There are no increase in fees proposed in this adoption.
There is a potential for some incidental training costs to familiarize staff with new code
requirements. The costs for purchase of new code books was absorbed in the previous
year's budget.
KGL:yu
(M:ISHAREDIBLD-HSGIA1131994.UMC)
2
/1',2.
..
f
ORDINANCE NO.
-<~ t/r
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA,
AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE
ADOPTING THE UNIFORM MECHANICAL CODE, 1994 EDITION
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That Chapter 15.16 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Chapter 15.16
Mechanical Code
Sections:
15.16.010
15.16.020
15.Hi 1l11l
15.16.040 30
15.16.~ 40
Uniform Mechanical Code, W9l ~ Edition, adopted by reference.
Section~ 108.1 amended to designate building official.
SemeR :Ill;! amended to ideaUfy addilieaal 'l-'~W e'luipml!Bt.
Section :lll3W 110.1 amended to confer 'suitability of alternate materials'
jurisdiction on Board of Appeals.
Section 304 115 amended to specify local fee structure.
15.16.010
Uniform Mechanical Code, W9l1994 Edition, adopted by reference.
There is hereby adopted by reference, that certain document known and designated as Uniform
Mechanical Code, W9l ~ Edition and Appendix A, Chapter ~ 13 of Appendix B, And Appendix C
thereof as copyrighted by the International Conference of Building Officials ("UMC"). Said Document is
hereby adopted as the Mechanical Code of the City, providing for and regulating the complete installation
and maintenance of heating, ventilation, cooling and refrigeration systems, and providing for the issuance
of permits therefore, and each and all such regulations, provisions, penalties, conditions and terms of the
Uniform Mechanical Code, W9l1994 Edition and .^.ppeadice, Appendix A, Chapter 13 of Appendix B and
Appendix C thereto are hereby referred to, adopted and made a part hereof as though fully set forth herein,
excepting such portions as are hereinafter deleted, modified or amended.
15.16.020
Section ~ 108.1 amended to designate building official.
Section ~ 108.1 of the UMC as it applies in Chula Vista shall read as follows:
Section ~ 108.1 General. The building official is hereby authorized and directed to enforce
all the provisions of this code. For such purposes the building official shall have the powers of a law
enforcement officer.
The building official shall have the power to render interpretations of this code and to adopt and
enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the
application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity
with the intent and purpose of this code. The building official, herein referenced, shall be the Director of
1
J /-- J
dC.'
'1 /
Building and Housing.
15.1(j,0:/0
~8~9B 202 aBl9luled tG idemHy adma9llal ""_.....~s 8'luipmeBL
~el:ltieR 2Q2 sf the UM:C :u: it :lfJp:lis[ ia Cl:nda '~ista 8laaY read. as wl1s"'ys'
~ectiel1 2Q2(a) '}Bsafe E'ly.ipmeat "\Jlj' iHlyipmeat regylated hy this Qsae, ,'ilieh is uRsaf.€!
er '-"moll een.sUtt.. a fire er h.a1th ha,ard er i. eth.r wi.. dang.re... Ie h\lBlaR life i., f-er the
p"ll'e.e. .fthi. ...sen, _.afe. .'.DY .... ef .ljuipm.nt r.g..lat.d by thiB .ed. e....Qtyting a ha.ard
Ie .af<!~ health er p..bli. w.lfar. by r.ase.. ef inad.ljuate mamr...ane., dilapidaSen, eb.ol....n..,
fire aai!aFEl, Elisaster, damage Sf abaadeamel1t is, fer this p\lrpese gftllis Sel:1tiell, an \lRSah \lSE!. 8^..ny
...oIl u...afe .ljUipm.at i. h.r.by d..lared te b. a publie ....i.aR.. and .hall b. abat.d by r.pair,
rehahilitati9a, aemelitiell af remEr-.tal in a21:19n:laa2g with IU:SI:19a.lues set f.gFth ill the '_TBif9FIB Ceae
f-er the .^...hatemeRt sf Qaagere\ls RuileHRgS as aaeptea BY TJaif.eRR Building Cede, ~el:11ieR 2gJ as
am.nd.d. A. aR alr.maG"., the !l..ilding Offi.ial er eth.r .mpley.. er effieial ef this j"".dietie..
as designated by the ge":emiag bea)' may institute any ether apprepriate al:1tiea t9 preT'sat, FBskam
l:1eReet Sf ~ate the "'1ielatiel1.
~eGtiaa 202(9) E"tyipmeat Eaelesy.re. Operatiag e'illipmsRt iaeluEliag pipmg aHa d.llGt~
h~eateQ aa tile raef af a lnlilGiRg shall Be shielded hem yieY/.~ frem pY9lie tharaughfares~ pli""!ate aad
pllBHS par..kiag lets aad E:alll1Qpreef.ea se as te eemply te the l1eise aBatemeat prs"'isisaEi af ~eGtisB
19 (jQ gIg thro..gh 19.(j8,g9g efrh. Ch..la V,.ta MIlRieipal Ced.. EljUipm.at ....Ie...r.. .hall net
be sSRE:trueted sa aEi 1e trap ftamma.ele er gemlnu;tible napers
EXCEPTIOM: Selar Celleeter.. De.. net incl..d. .truet..ral ...pperti..g m.mb.r..
~eroeB 2Q2(e) Ohsalete and YR\:lsed eEtYipmeRt, il1elymBg pipiag and dyets leGated 9a tae
reef ef a building aRd ne leRg.r iR ep.ration .hall b. reme".d frem the reof.
15.16.040 30 Section:w:JW !!Q1 amended to confer 'suitability of alternate materials' jurisdiction on
Board of Appeals.
S.ction:w:JW 110.1 of the UMC as it applies in Chula Vista shall r.ad as follows:
Section :w:JW 110.1 Board of Appeals and Advisors. To determine the suitability of alternate
materials, methods of construction and to provide for r.asonable interpretation of the provisions of this code,
there shall b. and is hereby cr.ated a Board of Appeals and Advisors consisting of seven members who are
qualified by experience and training to pass upon matters p.rtaiuing to mechanical design, construction and
maintenance and the public health aspects of mechanical systems and who are not employees of the
jurisdiction. The Director of Building and Housing shall be an ex-officio member who shall not be entitled
to vote and who shall act as S.cretary to the Board. The Board of App.als and Advisors shall be appointed
by the Mayor and confirmed by the City Council. The Board shall render all d.cisions and findings in
writing to the Director of Building and Housing with a duplicate copy to the appellant. The decision of the
Board is final.
15.16.~ 40 S.men :/g1 Subsection 115.1 amended to specify local fee structure.
S.men ag1 Subsection 115.1 of Section 115 of the UMC as it applies in Chula Vista shall read as
follows:
2
J/~f
u
Fees.
Seotiaa ~Q1(a) Subsection 115.1 General. Fees shall be assessed in accordance with the
Master Fee Schedule of the City of Chula Vista.
~eGti9R ~Q4(b) l..lil Permit Fees The fee (-Sf eada permit shall be as set Earth in the
Ba'ter Fee Schea..le ef tiieCity ef Chula '.tista.
Seotiea ~Q1(e) 11..~ Plan Re'..""" Fees '^T.heR a plan ar ather data are re""ired 1a he
suh...itted hy Se<tiaR 3Q'2(h) lli.1, a plan re'''ew fee shall he paid at the a...e af s..h...ittiag plaas
ana speQiti~atieIls {-Sf rg;riS"~. ~laB rST}lS'N fees (-Elf meehani~aI ,"\\yerk dIaD Be eEf'ial t8 2a persallt
af the 1atal permit fee as set ferth ... Yie Baster Fee Sshedule af the City af Ciulla Vista. The plan
review fees speeined iR this S..hseotiaR are separate f-ee, 1'..... the permit fees spedlied ia SeotieR
3Q1(a) ~ aad are iR addiaaR ta the permit fees.
V"JheRf'lans are iasemplete aT saangaa lOB as 19 re'}Uire aaGitieaal plan rtwiw'?, an aaditieRal
plan re'ie," fee ,hall he eharged at the rate shaw" iR the Master Fee Sehea..le.
~e~eIl ~g<l(d) .lli...111x'Fir:ltieR efPlan RSTier'N. ~^.l'lfJli~atieRS wr""J:!i\3R Be peFHlit is issy.ea
with... lSQ dg;'6 fol1m'~e date af applieaaeR shall expire hy li...itatiaR, aad pl""s and ather
data submitted fer f8'iS"" m~' thereafter Be ret\lmea te the afJfJlisaRt Sf destreyea by the Bwldiag
effieial. The Building effieial may exteaQ the time fer astisn BY the applieaRt fur a peRea Bet
8JU,19EHling U~g days \:l119B retiReS! BY the applisaat shewiIlg that ~ir~\1mstan~es bereRd. the ~eIltrel
af the applieaBt h",'a preveRted ..,aaR Ham heiag takea. ~Ia applioaaaa .hall he ellt...ded mere
than ease In enier t9 nme"(&r a~tiga aa an a~~li~atian after el(fJiratiGR, the appli~aat shall resubmit
}lIans aRd pay a BS''' plan reT.iew fee.
SeoaaR 3Q1(Q) 11M Iw.'esligaaaR Fees: Work withayt a Permit.
1. Iw:estigatien. tNheaer.~er aR)' merIt r.gr "('Tl1iGh a permit is fer:}UKea by tBi& ~ede has
Beea semmea~ed "Nithe\:lt fmt ebtaiRiag said peRRit, a sllesial iarestigatieR sh.all
he ...ade hef-ere a permit may he i,s..ed fer ,uoh "'0Fk.
2. Fee. .^& iarestigatiea fee, ia additieIl te the permit ~e, shall he Bellested. wB.ether
sr Bet a peRRit is theIl er S1:lBSe'l1:leIltly i&&1:led.. The iBrestigatisa ~e shall be e'l\lal
te the ama"Rt af the parmit fee that ,"o..Id he re'l"ired hy this oade if a pe....it
were ta he i,syed. The pg;'meRt af s..sh in"e,agatiaR f-e. shall Ret e"e...pt an)'
per&9a Hem ~em13lianse ".vith. all ether preT.isiaBs ef this sede sr frem an~T peaalty
pre,orihed hy la,".
SeetioR 3Q1(f) ~ Fee Re/'uRds.
1. ~estiea 115.9 The 9uileliag eiUrial may a\ltherize the rafulleliag ef any f-ea f'aid
herelHld.er ".vlli~h waf; eFreReeus~T paid er ~elle~teQ.
2 ~uBseGtisn 1IS.iS.1 ThE! BunGing smeal may a1:ltheF.i.~e rafuRding araet mars
than. gg f'er~eRt sf th.e f'ermit f-i!e f'aid Tvhen. ae "("erk aas BaSR d.eRe \laGer a f'eFmit iss\taQ
ia aeoardaaoe vit.a this oade.
3. ...hs.otieR 11..g.~ The hl1ildiRg alHaial mg;' authoriae r.fuRdiag af Rot ...are
than SQ perGeat af the plaR ra,ie", f-ee paid wheR an apl'lieaaeR fer a pe....it fer whish a
plan reT.iew feallas beeR f'aid. is "J.ithdra~4Ta er san~eled est:sre any f'laIl re".q~N effeFt Ras
3
//-5'
~eea expellded.
~uBseatieR ll!i.9.J The building sffieial6Ball Rst 3-latHeRrle ref.undiag gf any fee
paid exeept \ipsa "'o:attea ~plieatien filed by the snginal peFlBittee Rst later than 1 QQ da~~fl
after the date sf fee pa~'lBeRt
SECfION II.
FINDINGS AND DECLARATION.
The City Council of the City of Chula Vista specifically and expressly finds and declares that the
nature and uniqueness of the climate, terrain and location does necessitate and demand specific amendments
to the Uniform Mechanical Code, +9911994 Edition which are noted in the ChuIa Vista Municipal Code and
restated in this Ordinance. -
SECfION III. EFFECfIVE DATE.
This Ordinance shall take effect and be in force on January 1, 1996.
Approved as to form by
'N:::~: td-
City Attorney
Presented by
Kenneth G. Larsen, C.B.O.
Director of Building and Housing
M:\shared\bld _ hst\1994umc.ord
4
//"v
COUNCIL AGENDA STATEMENT
Item No.:
/,2.
Meeting Date: 10/10/95
ITEM TITLE:
. .2'Y'I.. .
Ordinance Adopting the Uniform Code for the Abatement of
Dangerous Buildings, 1994 Edition
SUBMITTED BY:
Director of Building and
REVIEWED BY: City Manage~ ~ ~ (4j5ths Vote: Yes _ No l)
This action is being taken in response to the recommendation of the City Attorney's
Office to provide specific procedures to follow in abating dangerous buildings throughout
the community. This is one of the Model Codes adopted by jurisdictions in the San
Diego County area.
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1994 EDITION,
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS BY PLACING
THE ORDINANCE ON THE FIRST READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at
their Monday, August 21, 1995 meeting unanimously approved the recommended
adoption of the 1994 Edition, Uniform Code for the Abatement of Dangerous Buildings.
Members of the architectural, engineering and construction community were invited for
their applicable comments. No objections were received during the Public Hearing
regarding the adoption of the code.
DISCUSSION: Adoption of the 1994 Edition of the Uniform Code for the Abatement of
Dangerous Buildings will provide City personnel with appropriate procedures and
guidelines to identify and abate any hazardous or dangerous buildings within the City.
Jurisdictions within San Diego County have met collectively to discuss suggested
modifications to the code with members of the architectural and engineering community
during monthly meetings of the San Diego Area Chapter of the International Conference
of Building Officials. As such, this process recognizes and promotes code uniformity
throughout the jurisdictions within the County creating a positive professional
environment among all code users.
1
j).-/
!
Council Agenda Statement
Uniform Code for Abatement of Dangerous Buildings
Item No.: J ;2.,
Meeting Date: 10/10/95
The adoption of the 1994 Edition, Uniform Code for the Abatement of Dangerous
Buildings is in conformance with City Council Policy 500-04 as adopted by Resolution
5656 which endorses the establishment and maintenance of uniform regulations within
the jurisdictions of the County of San Diego.
FISCAL IMPACT: None. There are no increase in fees proposed in this adoption.
There is a potential for some incidental training costs to familiarize staff with new code
requirements. The costs for purchase of new code books was absorbed in the previous
year's budget.
KGL:yu
(M:ISHAAEDIBLD _HSGIA1131ll94.ADB)
2
/,.2 ~,2.,
ORDINANCE NO. :16 Jj'l
AN ORDINANCE OF THE CITY OF CHULA VISTA, ADOPTING A NEW
CHAPTER 15.18 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING
THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS, 1994 EDITION
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That a new Chapter 15.18 of the Chula Vista Municipal Code is hereby added to read:
CHAPl'ER 15.18
Abatement of Dangerous Buildings Code
Sections:
15.18.010
15.18.030
Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, adopted
by reference.
Subsection (a) of Section 201.1 amended to Designate Director of Building and
Housing as 'Building Official".
Subsection (a) of Section 205.1 amended to Designate Board of Appeals and
Advisors as Board of Appeals.
15.18.020
15.18.010
Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, adopted by
reference.
There is hereby adopted by reference that certain document known and designated as the Uniform
Code for the Abatement of Dangerous Buildings, 1994 Edition as copyrighted by the International
Conference of Building Officials. Said document is hereby adopted as the Dangerous Buildings Code of the
City of Chula Vista, California providing for a just, equitable and practicable method, to be cumulative with
and in addition to any other remedy provided by the Building code, Housing Code or otherwise available
by law, whereby buildings or structures which from any cause endanger the life limb, health, morals,
property, safety or welfare of the general public or their occupants may be required to be repaired, vacated
or demolished and the regulations, provisions, penalties, conditions and terms of said Dangerous Building
Code, 1994 Edition, are hereby referred to, adopted, and made a part hereof, as though fully set forth
herein, excepting such portions as are hereinafter deleted, modified or amended.
15.18.020
Subsection (a) of Section 201.1 amended to Designate Director of Building and Housing
as "Building Official".
Section 201.1 of the Uniform Code for the Abatement of Dangerous Buildings, as it applies in Chula
Vista, shall read as follows:
Section 201.1 Administration. The building official is hereby authorized and directed to
enforce all the provisions of this code.
The building official shall have the power to render interpretations of this code and to adopt
and enforce rules and supplemental regulations in order to clarify the application of its provisions.
Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this
/,,2-3
code. The Building Official shall be the Director of Building and Housing.
15.18.030
Subsection (a) of Section 205.1 amended to Designate Board of Appeals and Advisors as
the Board of Appeals.
Subsection (a) of Section 205.1 of the Uniform Code for the Abatement of Dangerous Buildings, and
the tide precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows:
Board of Appeals and Advisors.
Section 205.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and interpretations of this
code, there is hereby established a Board of Appeals and Advisors consisting of seven members who
are qualified by experience and training to pass upon matters pertaining to building construction,
use and occupancy. The Director of Building and Housing shall be an ex-officio member who shall
not be entided to vote and who shall act as Secretary to the Board. The Board of Appeals and
Advisors shall be appointed by the Mayor and confirmed by the City Council. The Board shall
render all decisions and fmdings in writing to the Director of Building and Housing with a duplicate
copy to the appellant. Appeals to the Board shall be processed in accordance with the provisions
contained in Chapter 5 of this code or in accordance with such procedures as may be prescribed by
the City Attorney of the City of Chula Vista. The decision of the Board is final. The Board of
Appeals and Advisors shall recommend to the City Council such new legislation deemed necessary
to govern construction, use and occupancy of structures, in the City of Chula Vista.
SECTION II.
Findings and Declaration.
The City Council of the City of Chula Vista specifically and expressly fmds and declares that the
nature and uniqueness of the climate, terrain, and location does necessitate and demand specific
amendments to the Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, which are noted
in the Chula Vista Municipal Code and restated in this ordinance.
SECTION III. Effective Date.
This Ordinance shall take effect and be in full force on January 1, 1996.
Kenneth G. Larsen, C.B.O.
Director of Building and Housing
7~~~
Bruce M. Boogaard
City Attorney
Presented by
M:~hared\bld ~ hst\1994abd.ord
/.2-tf
COUNCIL AGENDA STATEMENT
Item
/J
Meeting Date
10/10/95
ITEM TITLE: Resolution /JY/J~ tf appropriating $6,000 from the
unappropriated balance of the General Fund for
financial analysis related to the otay Ranch
property tax negotiations. ~
SUBMITTED BY: Deputy City Manager Thomson JI
REVIEWED BY: City Manage~ (4/sths Vote: Yes-L No_l
The FY 1995-96 budget includes $5,000 for financial analyses
related to the otay Ranch property tax negotiations with San Diego
County. Staff has already held a number of negotiating meetings
with San Diego County staff, and significantly more financial
analysis is being required than was originally anticipated.
RECOMMENDATION: That Council adopt the resolution appropriating
$6,000 from the unappropriated balance of the General Fund for
financial analysis services related to the otay Ranch property tax
negotiations with San Diego county.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The city of Chula vista and county of San Diego previously retained
a consulting firm (Ralph Anderson & Assoc.) to develop a
comprehensive financial analysis of the otay Ranch, which resulted
in a sophisticated financial model referred to as the Fiscal Impact
of New Development (FIND) Model. The current property tax
negotiations with San Diego county heavily involve issues related
to the FIND model and its assumptions, methodologies, and analyses.
The FIND Model is also involved in the related issue of
establishing a potential Reserve Fund financed by the developer to
help offset any annual operating deficits.
The primary city staff person involved in the development of the
FIND Model, in conjunction with representatives of the County and
Baldwin, was Marty Chase, the former Special Projects Manager for
the city. Since his original involvement in developing the FIND
Model, Mr. Chase has left the city's employment and his former
position has been eliminated. Because of his extensive knowledge
of the FIND Model, Mr. Chase was retained to conduct the financial
analysis for this project, and if this resolution is approved,
staff would intend to continue contracting with Mr. Chase for
financial analysis related to the property tax negotiations with
the County.
JJ~/
~..).
Meeting Date
Page 2
10/10/95
At this point, it is not certain how much additional financial
analysis will be required as part of the property tax negotiations
with the County, as well as the related discussions with the
developer about a potential Reserve Fund. Staff anticipates that
the recommended additional $6,000 will be adequate to complete the
financial analysis and negotiations with the county. The contract
with Mr. Chase is on an hourly basis, so the appropriation will not
be spent if it is not needed.
FISCAL IMPACT: The resolution would appropriate $6,000 from
the unappropriated balance of the General Fund for additional
financial analysis related to the otay Ranch property tax
negotiations with San Diego County. The ultimate property tax
sharing agreement with the County for the western parcel of the
otay Ranch will have very significant fiscal impacts, which will be
addressed when the proposed tax sharing agreement is brought to the
Council for consideration.
A:\(AGENDA)\PIlOPrAXl.OR
/3; .;z
~.." '.
RESOLUTION NO. IJ"tf)1, i
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $6,000 FROM THE
UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR
FINANCIAL ANALYSIS RELATED TO THE OTAY RANCH
PROPERTY TAX NEGOTIATIONS
WHEREAS, the FY 1995-96 budget
financial analyses related to the Otay
negotiations with San Diego County; and
includes $5,000
Ranch property
for
tax
WHEREAS, staff has already held a number of negotiating
meetings with San Diego County staff, and significantly more
financial analysis is being required than originally anticipated;
and
WHEREAS, staff anticipates that an additional $6,000 will
be adequate to complete the financial analysis and negotiations
with the County.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby appropriate $6,000 from the
unappropriated balance of the General Fund into Account 0730-5201
for financial analysis related to the Otay Ranch property tax
negotiations.
James R. Thomson, Deputy
City Manager
lO
Presented by
C:\rs\proptax.$
13 -3
"'-j
,. --'
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 10/10/95
18"///,5
TITLE: RESOLUTION Waiving the Bid Requirements, and
Authorizing the Mayor to Execute Agreements with the Urban Corps of
San Diego (Not to Exceed $32,000), I Love a Clean San Diego (Not to
Exceed $16,500) for Used Oil Recycling Education Services, and Laidlaw
Waste Systems (Not to Exceed $58,000) for On-Call Collection Service
--~
SUBMITTED BY: Conservation coordinatoC~
REVIEWED BY: City Manage~ ~~1 (4/5ths Vote: Yes _ No..x.)
City Council approved Resolution 17970 WJUlY 25, 1995, accepting a Used Oil Block Grant
of $79,711.70 and a Used Oil Opportunity Grant of $104,000 from the California Integrated
Waste Management Board (CIWMB) and appropriated funds therefore. The grant applications
provided contract funding for center certification and service, a telephone referral hotline,
promotion, and the on-call collection of used oil from Chula Vista and Imperial Beach. This
resolution implements the service agreements now needed to move forward on the project.
The Urban Corps of San Diego will continue to certify and service used oil drop-off centers. I
Love a Clean San Diego will add the used oil hot-line to their existing recycling hotline and
will provide promotional assistance. Laidlaw Waste Systems Inc. (LWS), will provide a pilot
on-call collection program for used oil in conjunction with curbside recycling for single-family
homes.
RECOMMENDATION: Approve resolution authorizing execution of the attached
agreements to implement the contract portion of the Used Oil Opportunity and Block Grants.
BOARD/COMMISSION RECOMMENDATION: The Resource Conservation Commission
reviewed and recommended the Opportunity Grant and Block Grant for submittal to CIWMB
at their April 11, 1994 and June 20, 1994 meetings respectively. The minutes for those
meeting were attached to the resolutions authorizing submittal of the grants.
DISCUSSION:
The attached three agreements where drafted by the City Attorney's Office and provide a
description of the contract between the City and Laidlaw Waste Systems, the Urban Corps and
I Love a Clean San Diego to provide their respective components of the Used Oil Grant
Program. Both the Used Oil Opportunity Grant and the Used Oil Block Grant are regional
grants that include the Cities of Imperial Beach and National City. Their respective City
Councils have submitted resolutions authorizing the City of Chula Vista to execute the grants
on their behalf. No funds will be paid directly to the cities however, their residents will
receive selected services.
p!-/
/
Page 2 Item
Meeting Date 07/25/95
F(
The Opportunity Grant provides funds to contract with L WS for residential used oil collection.
L WS will receive funds to up-grade used oil collection tanks at their facility, install racks on
selected vehicles and provide "on-call" collection service. The on-call program will work very
similarly to the free bulky pick-up program. Residents will be asked to call LWS two days in
advance of their regular refuse/recycling collection day. LWS customer service employees will
provide residents with instruction, log the collection request and alert collection personnel to stop
at the designated address to collect the used oil. The full containers will be replaced with empty
containers for the next collection request. LWS will transport the oil back to the oil tanks at their
facility where it will be picked up by a certified used oil collector and transported to a refinery
for remanufacturing into new motor oil.
The Block Grant will fund the Urban Corps and I Love a Clean San Diego agreements. The
Urban Corps will continue to provide supplies, service and technical assistance to twenty-nine
local automobile service centers (eighteen in Chula Vista), recruit new certified centers as
appropriate and maintain the point of purchase displays at retail centers throughout the region.
I Love a Clean San Diego will use their experience as the regional (County and City of San
Diego) solid waste education contractor to promote the program in the media, local civic events
and workshops. I Love a Clean San Diego will also add the used oil hotline requirements of the
grants to the recycling referral services they already provide for the City of Chula Vista and the
region. The used oil hotline will also provide quarterly report data that will be used to make
program adjustments and service improvements to used oil recycling programs.
FlSCAL IMPACT: The total funds available for this cycle of the Regional Used Oil Recycling
Program are $183,711.70. The $106,500 contract portion of that amount will fund agreements
with the Urban Corps, I Love a Clean San Diego and Laidlaw Waste Systems to execute their
respective components of the grants. All costs associated with the execution of this grant cycle
of the Used Oil Recycling Program are reimbursable by the State. The grants include $17,000 for
any "overhead" expenses the City may incur in implementation.
mtm:used oil
cntct95.cas
Attachments
/ tf" ;L
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RESOLUTION NO. /~t?~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE BID REQUIREMENTS, AND
AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS
WITH THE URBAN CORPS OF SAN DIEGO (NOT TO
EXCEED $32,000), I LOVE A CLEAN SAN DIEGO (NOT
TO EXCEED $16,500) FOR USED OIL RECYCLING
EDUCATION SERVICES, AND LAIDLAW WASTE SYSTEMS
(NOT TO EXCEED $58,000) FOR ON-CALL COLLECTION
SERVICE
WHEREAS, the city Council approved Resolution 17970 on
July 25" 1995, accepting a Used oil Block Grant of $79,711.70 and
a Used oil opportunity Grant of $104,000 from the California
Integrated Waste Management Board (CIWMB) and appropriated funds
therefore; and
WHEREAS, the grant applications provided contract funding
for center certification and service, a telephone referral hotline,
promotion, and the on-call collection of used oil from Chula vista
and Imperial Beach; and
WHEREAS, it is necessary to implement the service
agreements needed to move forward on the projects:
The Urban corps of San Diego will continue to certify and
service used oil drop-off centers.
I Love a Clean San Diego will add the used oil hot-line
to their existing recycling hotline and will provide
promotional assistance.
Laidlaw Waste Systems will provide a pilot on-call
collection program for used oil ~n conjunction with
curbside recycling for single-family homes.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby waive the bid requirements and
authorize the Mayor to execute Agreements with the Urban Corps of
San diego (not to exceed $32,000), I Love a Clean San Diego (not to
exceed $16,500) for used oil recycling education services, and
Laidlaw Waste systems, Inc. (not to exceed $58,000) for on-call
collection service, copies of which are on file in the Office of
the City Clerk as Document Nos. (to be completed by the Clerk
in the final document).
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to ecute said
Agreement for and on behalf of the City of la vis
Presented by
Michael Meacham, Conservation
coordinator
C:\rs\usedoil.2
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Agreement between
City of Chula Vista
and
The San Diego Urban Corps
for Used Oil Recycling Education Services
This agreement ("Agreement"), dated September 15,1994 for the purposes ofreference
only, and effective as of the date last executed is between the City of Chula Vista ("City"), and
the San Diego Urban Corps, a not-for-profit, public benefit corporation of the State of California,
and whose place of business and telephone number is, 1864 National A venue San Dieio CA
92113 (619) 235-0137 ("Consultant"), and is made with reference to the following facts:
Recitals'
Whereas, City received a grant from the California State Integrated Waste Management
Board, pursuant to an agreement ("Grant Agreement") by which City is to comply with certain
terms and conditions ("Administrative Procedures and Requirements") for the implementation
of a used oil recycling program ("Program"), a copy of which agreement, administrative
procedures and program are hereto attached as Exhibit A-I, A-2, and A-3; and,
Whereas, Consultant desires to assist the City in the implementation of the Program
and is willing to abide by all the Terms and Conditions required of the City by the Grant
Agreement; and,
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to
City.
Whereas, Consultant desires to assist the City in the implementation of the Program
and is willing to abide by all the Terms and Conditions required of the City by the Grant
Agreement; and,
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to
City within the time frames herein provided all in accordance with the terms and conditions of
this Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
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A. General Duties
On the condition that City and CWIMB remain in a valid contractual Grant Agreement
by which CWIMB is paying City grant monies thereunder, Consultant shall perform the
following general services "General Duties":
Establish and/or maintain thirty (30) certified centers and 250 retail point of purchase
locations, schedule, stock and deliver four (4) mobile displays to new locations each month,
provide public education at major public events and elementary schools and provide records as
required by the grant and requested by the City,
; and,
B. Scope of Work and Schedule
in the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit B, entitled "Detailed Scope of Work, "
Items 2 5 67 9 II 13 & 14 and Exhibit A-3, not inconsistent with the General Duties, and
in doing so, comply with and perform the Administrative Procedures and Requirements that
City is required to perform under its Grant Agreement with CIWMB, attached as Exhibit A-2,
according to, and within the time frames set forth therein, and deliver to City such
Deliverables as are identified therein within the time frames set forth therein for delivery, time
being of the essence of this agreement. The General Duties and the Detailed Scope of Work
and Deliverables required in the Scope of Work shall be herein referred to as the "Defined
Services". Failure to complete the Defined Services by the times indicated does not, except at
the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so,
City shall in good faith, and after meeting and conferring with Consultant, reduce the
compensation herein payable to Consultant.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Deffned Services
(" Additional Services"), and upon doing so in writing, if they are within the scope of services
offered by Consultant, Consultant shall perform same on a fixed fee basis agreed to in advance
in writing, but not at the rates or fees greater than Consultant recovers from its best clients.
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E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services
or Additional Services, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and sub-consultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by
the following insurance coverage, in the following categories, and to the limits specified,
policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class Y"
or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount of $ 1 000 000 .
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount of $ NIL , combined single limit applied separately to each project
away from premises owned or rented by Consultant, which names City and Applicant as an
Additional Insured, and which is primary to any policy which the City may otherwise carry
("Primary Coverage"), and which treats the employees of the City and Applicant in the same
manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount of $ NIL
Omissions coverage is included in the General Liability policy.
, unless Errors and
G. Proof of Insurance Coverage.
(I) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance
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Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which
shall be reviewed and approved by the Risk Manager.
2. Duties of the City
A. Consultation and Cooperation
City shall communicate and interpret the goals of the grant and,
B. Compensation
On the condition that City and CWIMB remain in a valid contractual Grant Agreement
by which CWIMB is paying City grant monies thereunder sufficient to fund the compensation
of Consultant and to the extent Consultant has incurred costs in the amount claimed and or
performed to City's satisfaction, upon receipt of a properly prepared billing from Consultant
submitted to the City not more than quarterly consistent with the Administrative Procedures
and Requirements, attached, and in amounts not greater than set forth in Detailed Scope of
Work, City shall compensate Consultant for all services rendered by Consultant according to
the Administrative Procedures and Requirements, in the amount set forth in the Detailed Scope
of Work and Budget (Exhibit B) not to exceed $32,000 (@ $12.50 per hour), subject to the
requirements for a 10% retention which will be released to Consultant when same has been
received by the ClWMB and Consultant has satisfactorily performed under this Agreement.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number 270.27f4.5298
to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators ") indicated as said
party's contract administrator who is authorized by said party to represent them in the routine
administration of this agreement. The City shall retain the right to approve any changes to the
Consultant's representative.
City: Michael T. Meacham, Conservation Coordinator
Consultant: Sam Duran, Executive Director, San Diego Urban Corps
4. Term.
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
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5. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of the conduct of the
Consultant, or any agent or employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for those claims arising from
the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred
by the City, its officers, agents, or employees in defending against such claims, whether the
same proceed to judgment or not. Further, Consultant at its own expense shall, upon written
request by the City, defend any such suit or action brought against the City, its officers,
agents, or employees. Consultants' indemnification of City shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to terminate
this Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps. reports
and other materials prepared by Consultant, and all equipment and vehicles in good and
operable condition, purchased with grant funds shall become the property of the City.
7. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in expense
to City greater than would have resulted if there were no such negligence, errors, omissions,
Consultant shall reimburse City for any additional expenses incurred by the City. Nothing
herein is intended to limit City's rights under other provisions of this agreement.
8. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at
least thirty (30) days before the effective date of such termination. In that event, all finished
and unfinished documents and other materials described hereinabove, and all equipment and
vehicles purchased with grant funds shall become City's sole and exclusive property, and shall
be returned to the City in a good and operable condition. If the Agreement is terminated by
City as provided in this paragraph, Consultant shall be entitled to receive just and equitable
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compensation for any satisfactory work completed on such documents and other materials to
the effective date of such termination. Consultant hereby expressly waives any and all claims
for damages or compensation arising under this Agreement except as set forth herein.
9. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City.
10. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the sole
and exclusive property of City. No such materials or properties produced in whole or in part
under this Agreement shall be subject to private use, copyrights or patent rights by Consultant
in the United States or in any other country without the express written consent of City. City
shall have unrestricted authority to publish, disclose (except as may be limited by the
provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in
whole or in part, any such reports, studies, data, statistics, forms or other materials or
properties produced under this Agreement.
II. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's
work products. Consultant and any of the Consultant's agents, employees or representatives
are, for all purposes under this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to any benefits to which City
employees are entitled including but not limited to, overtime, retirement benefits, worker's
compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold
state or federal income tax, social security tax or any other payroll tax, and Consultant shall be
solely responsible for the payment of same and shall hold the City harmless with regard
thereto.
12. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon by the
City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of which are incorporated
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by this reference as if fully set forth herein, and such policies and procedures used by the City
in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
13. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the
claim, including costs and attorney's fees.
14. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement of the numbers and
cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report
or document.
15. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
B. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall
be deemed to have been properly given or served if personally served or deposited in the
United States mail, addressed to such party, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified herein as the places of business for each of
the designated parties.
C. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
Page 7
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modified, waived or discharged except by an instrument in writing executed by the party
. against which enforcement of such amendment, waiver or discharge is sought.
D. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement,
and that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
E. Governing LawIVenue
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought
only in the federal or state courts located in San Diego County, State of California, and if
applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement,
and performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
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Signature Page
to
Agreement between City of Chula Vista and the San Diego Urban Corps
for Used Oil Recycling Education Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete
consent to its terms:
Dated:
,19_
City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
Bruce M. Boogaard, City Attorney
.Dated:
San Diego Urban Corps
B'
am Duran, Executive Director
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Agreement between
City of Chula Vista
and
I Love A Clean San Diego County Inc.,
for Used Oil Recycling Education Services
This agreement ("Agreement"), dated September 15, 1994 for the purposes of reference
only, and effective as of the date last executed is between the City of Chula Vista ("City"), and
I Love A Clean San Diego County Inc., a not-for-profit, private benefit corporation of the State
of California, and whose place of business and telephone number is, 7907 Ostrow Street Suite
F San Diel10 CA 92111 (619) 467-0103 ("Consultant"), and is made with reference to the
following facts:
Recitals I
Whereas, City received a grant from the California State Integrated Waste Management
Board, pursuant to an agreement ("Grant Agreement") by which City is to comply with certain
terms and conditions ("Administrative Procedures and Requirements") for the implementation
of a used oil recycling program ("Program"), a copy of which agreement, administrative
procedures and program are hereto attached as Exhibit A-I, A-2, and A-3; and,
Whereas, Consultant desires to assist the City in the implementation of the Program
and is willing to abide by all the Terms and Conditions required of the City by the Grant
Agreement; and,
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to
City.
Whereas, Consultant desires to assist the City in the implementation of the Program
and is willing to abide by all the Terms and Conditions required of the City by the Grant
Agreement; and,
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to
City within the time frames herein provided all in accordance with the terms and conditions of
this Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
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1. Consultant's Duties
A. General Duties
On the condition that City and CWIMB remain in a valid contractual Grant Agreement
by which CWIMB is paying City grant monies thereunder, Consultant shall perform the
following general services "General Duties";
Obtain competitive quotes for and purchase related supplies and advertising, maintain
the referral "hotline" Monday through Saturday, implement reward program, provide public
education at major public events and High School auto-shop classes, and provide records as
required by the grant and requested by the City,
; and,
B. Scope of Work and Schedule
in the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit B, entitled "Detailed Scope of Work, "
Items 1 348 10 12 & 15 and Exhibit A-3, not inconsistent with the General Duties, and in
doing so, comply with and perform the Administrative Procedures and Requirements that City
is required to perform under its Grant Agreement with CIWMB, attached as Exhibit A-2,
according to, and within the time frames set forth therein, and deliver to City such
Deliverables as are identified therein within the time frames set forth therein for delivery, time
beillg of the essence of this agreement. The General Duties and the Detailed Scope of Work
and Deliverables required in the Scope of Work shall be herein referred to as the "Defined
Services". Failure to complete the Defined Services by the times indicated does not, except at
the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so,
City shall in good faith, and after meeting and conferring with Consultant, reduce the
compensation herein payable to Consultant.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
(" Additional Services"), and upon doing so in writing, if they are within the scope of services
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offered by Consultant, Consultant shall perform same on a fixed fee basis agreed to in advance
in writing, but not at the rates or fees greater than Consultant recovers from its best clients.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services
or Additional Services, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and sub-consultants employed by it in
connection with. the Services required to be rendered, are protected against the risk of loss by
the following insurance coverage, in the following categories, and to the limits specified,
policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V"
or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount of $ NIL
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount of $ NIL ,combined single limit applied separately to each project
away from premises owned or rented by Consultant, which names City and Applicant as an
Additional Insured, and which is primary to any policy which the City may otherwise carry
("Primary Coverage"), and which treats the employees of the City and Applicant in the same
manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount of $ NIL
Omissions coverage is included in the General Liability policy.
, unless Errors and
G. Proof of Insurance Coverage.
(l) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
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In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance
Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which
shall be reviewed and approved by the Risk Manager.
2. Duties of the City
A. Consultation and Cooperation
City shall communicate and interpret the goals of the grant and ,
B. Compensation
On the condition that City and CWIMB remain in a valid contractual Grant Agreement
by which CWIMB is paying City grant monies thereunder sufficient to fund the compensation
of Consultant and to the extent Consultant has incurred costs in the amount claimed and or
performed to City's satisfaction, upon receipt of a properly prepared billing from Consultant
submitted to the City not more than quarterly consistent with the Administrative Procedures
and Requirements, attached, and in amounts not greater than set forth in Detailed Scope of
Work, City shall compensate Consultant for all services rendered by Consultant according to
the Administrative Procedures and Requirements, in the amount set forth in the Detailed Scope
of Work and Budget (Exhibit B) not to exceed $16,500 (@$23.03 per hour staff & $33.03 per
hour executive rate), subject to the requirements for a 10% retention which will be released to
Consultant when same has been received by the CIWMB and Consultant has satisfactorily
performed under this Agreement.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number 270-2714-5298
to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated as said
party's contract administrator who is authorized by said party to represent them in the routine
administration of this agreement. The City shall retain the right to approve any changes to the
Consultant's representative.
City: Michael T. Meacham, Conservation Coordinator
Consultant: Shelita Weinfield, Executive Director
4. Term.
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This Agreement shall terminate when the Parties have complied with all executory
. provisions hereof.
5. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of the conduct of the
Consultant, or any agent or employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for those claims arising from
the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred
by the City, its officers, agents, or employees in defending against such claims, whether the
same proceed to judgment or not. Further, Consultant at its own expense shall, upon written
request by the City, defend any such suit or action brought against the City, its officers,
agents, or employees. Consultants' indemnification of City shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Termination of Agreement for Cause
.
If. through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to terminate
this Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports
and other materials prepared by Consultant, and all equipment and vehicles in good and
operable condition, purchased with grant funds shall become the property of the City.
7. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in expense
to City greater than would have resulted if there were no such negligence, errors, omissions,
Consultant shall reimburse City for any additional expenses incurred by the City. Nothing
herein is intended to limit City's rights under other provisions of this agreement.
8. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at
least thirty (30) days before the effective date of such termination. In that event, all finished
and unfinished documents and other materials described hereinabove, and all equipment and
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vehicles purchased with grant funds shall become City's sole and exclusive property, and shall
be returned to the City in a good and operable condition. If the Agreement is terminated by
City as provided in this paragraph, Consultant shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials to
the effective date of such termination. Consultant hereby expressly waives any and all claims
for damages or compensation arising under this Agreement except as set forth herein.
9. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City.
10. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the sole
and exclusive property of City. No such materials or properties produced in whole or in part
under this Agreement shall be subject to private use, copyrights or patent rights by Consultant
in the United States or in any other country without the express written consent of City. City
shall have unrestricted authority to publish, disclose (except as may be limited by the
provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in
whole or in part, any such reports, studies, data, statistics, forms or other materials or
properties produced under this Agreement.
I I. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's
work products. Consultant and any of the Consultant's agents, employees or representatives
are, for all purposes under this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to any benefits to which City
employees are entitled including but not limited to, overtime, retirement benefits, worker's
compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold
state or federal income tax, social security tax or any other payroll tax, and Consultant shall be
solely responsible for the payment of same and shall hold the City harmless with regard
thereto.
12. Administrative Claims Requirements and Procedures
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No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon by the
City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of which are incorporated
by this reference as if fully set forth herein, and such policies and procedures used by the City
in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
13. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the
claim, including costs and attorney's fees.
14. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said ~eport or document, a statement of the numbers and
cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report
or document.
15. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
B. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall
be deemed to have been properly given or served if personally served or deposited in the
United States mail, addressed to such party, postage prepaid. registered or certified, with
return receipt requested, at the addresses identified herein as the places of business for each of
the designated parties.
C. Entire Agreement
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This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party
against which enforcement of such amendment, waiver or discharge is sought.
D. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement,
and that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
E. Governing Law/Venue
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought
only in the federal or state courts located in San Diego County, State of California, and if
applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement,
and performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
Page B
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Signature Page
to
Agreement between City of Chula Vista and I Love A Clean San Diego
for Used Oil Recyclini Education Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
lndicatini that they have read and understood same, and indicate their full and complete
consent to its terlll8:
Dated:
,19_
City of Chula Vi~ta
by:
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
Bruce M. Boogaard, City Attorney
Dated: O(Vllq~
I Love a Clean San Diego
By:
Shelita Weinfield
Executive Director
mtm:lIcsd.con
/{-(3 )4- (,,:z
'c,
P!l.ge 9
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~/1-
Agreement between
City of Chula Vista
and
Laidlaw Waste Systems Inc.,
for On-Call Used Oil Collection & Recycling Services
This agreement ("Agteement"), dated September 15,1994 for the purposes ofreference
only, and effective as of the date last executed is between the City of Chula Vista ("City"), and
Laidlaw Waste Systems Inc., Corporation of the State of Delaware, and whose place of business
and telephone number is, 881 EneriiY Way Chula Vista CA 921 J3 (619) 421-9400
("Consultant"), and is made with reference to the following facts:
Recitals'
Whereas, City received a grant from the California State Integrated Waste Management
Board, pursuant to an agreement ("Grant Agreement") by which City is to comply with certain
terms and conditions ("Administrative Procedures and Requirements") for the implementation
of a used oil recycling program ("Program"), a copy of which agreement, administrative
procedures and program are hereto attached as Exhibit A-I, A-2, and A-3; and,
Whereas, Consultant desires to assist the City in the implementation of the Program
and is willing to abide by all the Terms and Conditions required of the City by the Grant
Agreement; and,
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to
City.
Whereas, Consultant desires to assist the City in the implementation of the Program
and is willing to abide by all the Terms and Conditions required of the City by the Grant
Agreement; and,
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to
City within the time frames herein provided all in accordance with the terms and conditions of
this Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
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A. General Duties
On the condition that City and CWIMB remain in a valid contractual Grant Agreement
by which CWIMB is paying City grant monies thereunder, Consultant shall perform the
following general services "General Duties":
Establish and operate an "on-call" residential used oil collection & recycling program
for Chula Vista and Imperial Beach residents with curbside recycling services for the duration
of the grant, and provide records as required by the grant and requested by the City,
; and,
B. Scope of Work and Schedule
in the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit B, entitled "Detailed Scope of Work,"
Items _ and Exhibit A-3, not inconsistent with the General Duties, and in doing so, comply
with and perform the Administrative Procedures and Requirements that City is required to
perform under its Grant Agreement with CIWMB, attached as Exhibit A-2, according to, and
within the time frames set forth therein, and deliver to City such Deliverables as are identified
therein within the time frames set forth therein for delivery, time b~ing of the essence of this
agreement. The General Duties and the Detailed Scope of Work and Deliverables required in
the Scope of Work shall be herein referred to as the "Defined Services". Failure to complete
the Defined Services by the times indicated does not, except at the option of the City, operate
to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so,
City shall in good faith, and after meeting and conferring with Consultant, reduce the
compensation herein payable to Consultant.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
(" Additional Services"), and upon doing so in writing, if they are within the scope of services
offered by Consultant, Consultant shall perform same on a fixed fee basis agreed to in advance
in writing, but not at the rates or fees greater than Consultant recovers from its best clients.
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E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services
or Additional Services, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and sub-consultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by
the following insurance coverage, in the following categories, and to the limits specified,
policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V"
or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount of $ *self-insured .
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount of $ *1 000000 , combined single limit applied separately to each
project away from premises owned or rented by Consultant, which names City and Applicant
as an Additional Insured, and which is primary to any policy which the City may otherwise
carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the
same manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount of $ *1 000 000 , unless Errors and
Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance
Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which
shall be reviewed and approved by the Risk Manager. Laidlaw Waste Systems Inc. is self
insured and provides the City with bonding documentation in December of each year.
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2. Duties of the City
A. Consultation and Cooperation
City shall communicate and interpret the goals of the grant and,
B. Compensation
On the condition that City and CWIMB remain in a valid contractual Grant Agreement
by which CWIMB is paying City grant monies thereunder sufficient to fund the compensation
of Consultant and to the extent Consultant has incurred costs in the amount claimed and or
performed to City's satisfaction, upon receipt of a properly prepared billing from Consultant
submitted to the City not more than quarterly consistent with the Administrative Procedures
and Requirements, attached, and in amounts not greater than set forth in Detailed Scope of
Work, City shall compensate Consultant for all services rendered by Consultant according to
the Administrative Procedures and Requirements, in the amount set forth in the Detailed Scope
of Work and Budget (Exhibit B) not to exceed $58,000, subject to the requirements for a 10%
retention which will be released to Consultant when same has been received by the CIWMB
and Consultant has satisfactorily performed under this Agreement. The full value of advanced
disposal fees, deposit refunds and all other revenue generated by the collection of residential
used oil through the program shall be returned to the City within sixty days of the end of each
quarter, or applied to the operational cost of implementing the program, at the City's
discretion.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number 270-2713-5298
to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated as said
party's contract administrator who is authorized by said party to represent them in the routine
administration of this agreement. The City shall retain the right to approve any changes to the
Consultant's representative.
City: Michael T. Meacham, Conservation Coordinator
Consultant: James L. Weaver, Market General Manager, Laidlaw Waste Systems Inc.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
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5. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of the conduct of the
Consultant, or any agent or employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for those claims arising from
the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred
by the City, its officers, agents, or employees in defending against such claims, whether the
same proceed to judgment or not. Further, Consultant at its own expense shall, upon written
request by the City, defend any such suit or action brought against the City, its officers,
agents, or employees. Consultants' indemnification of City shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to terminate
this Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports
and other materials prepared by Consultant, and all equipment and vehicles in good and
operable condition, purchased with grant funds shall become the property of the City.
7. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in expense
to City greater than would have resulted if there were no such negligence, errors, omissions,
Consultant shall reimburse City for any additional expenses incurred by the City. Nothing
herein is intended to limit City's rights under other provisions of this agreement.
8. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at
least thirty (30) days before the effective date of such termination. In that event, all finished
and unfinished documents and other materials described hereinabove, and all equipment and
vehicles purchased with grant funds shall become City's sole and exclusive property, and shall
be returned to the City in a good and operable condition. If the Agreement is terminated by
City as provided in this paragraph, Consultant shall be entitled to receive just and equitable
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compensation for any satisfactory work completed on such documents and other materials to
the effective date of such termination. Consultant hereby expressly waives any and all claims
for damages or compensation arising under this Agreement except as set forth herein.
9. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City.
10. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans. procedures,
systems and any other materials or properties produced under this Agreement shall be the sole
and exclusive property of City. No such materials or properties produced in whole or in part
under this Agreement shall be subject to private use, copyrights or patent rights by Consultant
in the United States or in any other country without the express written consent of City. City
shall have unrestricted authority to publish, disclose (except as may be limited by the
provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in
whole or in part, any such reports, studies, data, statistics, forms or other materials or
properties produced under this Agreement.
. 11. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's
work products. Consultant and any of the Consultant's agents, employees or representatives
are, for all purposes under this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to any benefits to which City
employees are entitled including but not limited to, overtime, retirement benefits, worker's
compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold
state or federal income tax, social security tax or any other payroll tax, and Consultant shall be
solely responsible for the payment of same and shall hold the City harmless with regard
thereto.
12. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon by the
City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of which are incorporated
.
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by this reference as if fully set forth herein, and such pol icies and procedures used by the City
in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
13. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the
claim, including costs and attorney's fees.
14. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement of the numbers and
cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report
or document.
15. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
B. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall
be deemed to have been properly given or served if personally served or deposited in the
United States mail, addressed to such party, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified herein as the places of business for each of
the designated parties.
C. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
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modified, waived or discharged except by an instrument in writing executed by the party
against which enforcement of such amendment, waiver or discharge is sought.
D. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement,
and that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
E. Governing LawlVenue
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought
only in the federal or state courts located in San Diego County, State of California, and if
applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement,
and performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
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Signature Page
to
Agreement between City of Chula Vista and Laidlaw Waste Systems Inc.
for On-Call Used Oil Collection & Recycling Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete
consent to its terms:
Dated:
,19_
City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
Bruce M. Boogaard, City Attorney
Dated:
Laidlaw Waste Systems Inc.
mtm:used oil
opgrnt95.lws
Page 9
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EXHIBIT';
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USED OIL RECYCLING BLOCK GRANT PROGRAM
Third Cycle - 1995/96
Administrative Procedures and Requirements
,
INTRODUCTION
These Administrative Procedures and Requirements for the Third Cycle Used Oil Recycling Block Grant (Block Grant)
set forth the policies and procedures for administering the Block Grant award made through the Califomia Integrated
Waste Management Board's (CIWMB) Used Oil Grant Program. This document, which is incorporated by reference
into the grant agreement, describes the contract procedures, administrative reporting requirements, instructions for
obtaining payment of the grant, and fiscal control procedures to be followed in implementing CIWMB funded Block
Grant programs. Direct any questions regarding this document or the grant agreement to your CIWMB Project
Manager or Patricia McDermott at (916) 255-2586.
ELIGIBLE PROGRAMS
Grantees will be allowed wide latitude to determine how and when grant funds should be expended to develop an
effective local used oil collection program. All claimed costs to be funded by grant funds must be clearlv related to
implementation and operation of a local used oil collection proaram or the claim will not be considered or honored. It
is the Grantee's responsibility to ensure all claimed costs are appropriate by reviewing all contract documents,
newsletters, and other information updates supplied by the CIWMB's Used Oil Program, and consulting with the
Grantee's CIWMB Project Manager.
A. ELIGIBLE COSTS
Block Grant funding is for the establishment of new programs or the maintenance of existing programs that address
the proper disposal of used lubricating oil. Grant awards will onlv fund activities beaun on or after June 30. 1995 and
completed bv June 30. 1996. Examples of the types of activities eligible for funding are listed below:
.I Expansion or maintenance of an existing local used oil collection program
.I Establishment or expansion of regularly scheduled or on--call curbside collection of used oil (e.g., retrofitting of
vehicles for curbside collection of used oil)
.I Construction or improvement of permanent facilities for the collection of used oil (if other hazardous waste is
colI,ected at the facility, only the portion relating to used oil will be funded)
.I Public education materials addressing the proper collection or disposal of used oil.
,~
.I Assistance to a private entity for initial or ongoing expenses associated with offering free collection of used
lubricating oil to the public
.I Purchase of equipment and supplies for collection of used oil (Le., curbside containers, oil test kits, etc.)
.I Personnel expenses directly related to the local used oil collection program
.I Travel expenses directly related to the implementation of a local used oil collection program
.I Used oil disposal costs
.I Storm drain stencilling (grant will fund up to 30% of costs)
.I The used oil expenses of a HHW mobile, permanent, or one-day. event colleCtion program
.I Used oil collection facilities at marinas
.I Staff training directly related to the implementation of the local used oil collection program
J Y-- /,
Third Cycle Block Grant Administrative Procedures and Requirements
Page 2
B. ELIGIBLE COSTS REQUIRING PRE-APPROVAL
To guarantee reimbursement. Grantees are strongly encouraged to seek pre-approval from their CIWMB Project
Manager for ANY expense not clearly related to the implementation or operation of a local used oil collection program.
Grantees must receive ore-aooroval before makinc exoenditures on the costs listed below. These costs represent
areas where overexpenditures typically occur. Requests for pre-approval must be submitted in writing to the Grantee's
CIWMB Project Manager explaining the cost. providing bids or estimates (when appropriate). and justifying why the
cost is needed for implementing and/or maintaining the Grantee's local used oil collection program. Grantees must
obtain approval from their CIWMB Project Manager for:
. All public education or advertising materials (e.g., flyers. posters. mailers. videos. "TV and radio scripts. customized
premiums. etc.). Grantees must submit a final draft of these materials to their CIWMB Project Manager for
approval prior to production. The CIWMB Project Manager will review these materials to ensure they: 1) do not
provide information in conflict with state or federal regulations, 2) properly acknowledge Board funding. and 3) are
eligible for full or partial reimbursement. At least 75% of a public education/promotion piece must be devoted to
used oil to be considered for full funding.
Total staffing costs (including local government staffing costs and contractor/consulting costs) exceeding 50% of
the total grant award or $75.000. whichever is less
. Any video production costs exceeding $5,000
Total costs for oil filter-related equipment and/or oil filter collection costs exceeding 5% of the total grant award
Purchase or leasing of any vehicle or trailer
. Used oil collection tanks exceeding 550 gallons
. Financial assistance exceeding $2,500 for a privately-owned collection center accepting oil from the public for free
. Total costs for transportation and hauling of contaminated lubricating oil exceeding $1,000 during the grant term
Methodology to be used by the Grantee to determine reimbursement for the used oil portion of a mobile.
temporary, or permanent HHW event/facility
C. INELIGIBLE COSTS
Any cost not directly related to the implementation of a local used oil collection program will 1101 be funded, These
include but are not limited to the following costs.
X Any costs for services rendered or goods purchased prior to June 30, 1995
X Any costs for services rendered or coods ourchased after June 30. 1996. An invoice dated after June 30. 1996
can be honored if it c1earlv shows the services were rendered during the grant term.
X Any portion of a program currently funded by a CIWMB loan or grant program
X Overtime costs (except for local government staffing during evening or weekend events when law or labor
contracts REQUIRE overtime compensation)
X Cleanup of oil spills on public or private property
X Enforcement activities (does not include staffing costs for certified center compliance)
X Computer hardware or software
X Office supplies
/ ~/-l
Third Cycle Block Grant Administrative Procedures and Requirements
Page 3
X Underground storage tanks
X Feasibility or planning studies
X Programs clearly not cost effective
X Travel expenses not directly related to the implementation of the used oil program. Mileage expenses may not
exceed $0.24 per mile. Per diem may not exceed $79.00 plus tax per night for lodging, and meal allowances
exceeding $5.50 for breakfast, $9.50 for lunch, and $17.00 for dinner during a trip of 24 hours or longer.
X Any food or beverages (e.g., as part of meetings, workshops, training, etc.)
X Public education or promotional materials that promote one privately operated collection center to the exclusion of
others in the area
X Equipment or other materials that are not Drimarilv used to implement the used oil program
X Purchase or retrofitting of vehicles for any activities other than for curbside used oil collection
X Any direct financial assistance to a collection center (e.g., collection tanks, collection costs) that does not acceDt
oil from the Dublic for free
X Staff training not directly related to the implementation of the local used oil collection program
X Any costs for promoting the registration of industrial generators or for establishing and/or maintaining industrial
generator status
X Purchase of rerefined lubricating oil
PUBLICITY AND ACKNOWLEDGEMENT
The purpose of this grant is to ensure the widest possible collection of used oil. Therefore, public education or
promotional materials must not advertise one privately operated used oil collection center to the exclusion of others.
The Grantee must submit to the CIWMB Project Manager copies of draft public education, advertising, or promotional
materials. These materials are subiect to the review and aDDroval of the CIWMB Proiect Manaeer Drior to Dublication
or distribution.
of
The Grantee must acknowledee the Califomia Inteerated Waste Manaeement Board's SUDDort whenever projects
funded by this agreement, in whole or in part, are publicized in any news media, brochures, promotional materials, or
other types of print or visual media. Vehicles or other large pieces of equipment purchased with grant funds must
have a sign attached indicating it was purchased with CIWMB grant funds and preferably using the "used oil drop"
logo. Such signs are available from the CIWMB at no cost; or the Grantee, with their CIWMB Project Manager's
approval, may develOp their own sign.
Grantee must also provide five (5) copies of all final public education, advertising or promotional materials to the
CIWMB Project Manager.
PROGRESS REPORTS
The Grantee must submit a Progress Report with each Payment Request. If no Payment Request has been submitted
by November 15,1995, the Grantee must submit a Proeress ReDort bv December 11.1995 covering progress during
the first five (5) months of the grant term. The CIWMB Project Manager may request a Progress Report from a
Grantee at any time, and has authority to immediately suspend or terminate the agreement if progress is
unsatisfactory.
Jl(-r
Third Cycle Block Grant Administrative procedures and Requirements
Page 4
Grantees should use a format similar to the sample found in Attachment A of this document. Each Progress Report
shall include the following information:
Describe in detail all work completed since the previous Progress Report. The description should be arranged by
the Budget Summary categories required for Payment Requests. The description should discuss why the work
was considered an appropriate part of a local used oil collection program, indicate what products or results have
been achieved, and mention any problems or other special situations encountered.
.
A brief discussion of anticipated accomplishments for the next reporting period.
.
Five (5) copies of all final public education, advertising, or promotional materials purchased and/or distributed with
grant funds (if not previously submitted).
.
Final copies of any requests for proposals, invitations for bids, contracts, or other agreements or solicitations
initiated as a result of the grant award. Grantees are encouraged, but not required, to submit drafts of these
documents to their CIWMB Project Manager for comment.
GRANT PAYMENTS
A complete Payment Request must include the following documents:
A completed Pavment ReQuest Form (Attachment C) signed by the individual named by the resolution authorizing
submittal of the grant;
An Itemization of expenditures using the Budget Summary categories described in Section B "Submittal of
Payment Requests;"
. Documentation supporting all claimed expenditures (e.g.,invoices, receipts, cancelled checks, etc.); and,
. A ProQress Report detailing the grant activities that have occurred since the last Progress Report.
A. GENERAL REQUIREMENTS
1. The State shall reimburse the Grantee for performing only those services clearly relating to used oil as
specified in the Block Grant Information and Application Instructions, the contract Terms and Conditions, and
the Block Grant Administrative Procedures and Requirements. Anv deviations from these specified uses of
funds must be approved bv the CIWMB Proiect ManaQer before an exoenditure for that item is made.
. "
2. To receive payment, the Grantee must submit a Payment Request Form and supporting documentation as
described in Section B "Submittal of Payment Requests." Payment Requests should be submitted for a
minimum of $1,000 of documented expenditures. Pavment to the Grantee shall normallv be made in arrears.
3. Payment will be made to the Grantee only. It will be the responsibility of the Grantee to pay all contractors
and subcontractors for purchased goods and services.
4. The State shall withhold and retain ten percent 110%) of the total Grant award until all conditions stipulated in
the aQreement have been satisfied.
5. Grantees who have not fully met the Block Grant eligibility requirements described in Public Resources Code
~8691 ("conditional eligibility") may have up to 50% of each Payment Request withheld depending upon the
CIWMB Project Manager's analysis of the Grantee's progress toward meeting the eligibility requirements.
6. Requests for advance payment must be submitted in writing to the CIWMB Project Manager and demonstrate
the Grantee's need for advance payment and that a specific expenditure(s) will be incurred prior to or shortly
after payment from the CIWMB. suggested documentation includes purchase orders, bids, etc. The CIWMB
Project Manager may partially or fully deny advance Payment Requests. Advance payment IS not encouraged
and generally provided only for startup costs. ) i' ~ I
Third Cycle Block Grant Administrative Procedures and Requirements
Page 5
B. SUBMITTAL OF PAYMENT REQUESTS
1. Payment Requests must include an Itemization of all expenses by Budget Summary category as described
below. The Grantee should use a format similar to the sample itemization found in Attachment B of this
document.
. Curbside Collection _ Include any costs for establishing or continuing a curbside used oil collection
program, such as curbside containers, retrofitting of a collection truck, city/county staff time,
contractor/consultant costs, disposal costs, etc.
. Certified Collection Center(s) - Include expenses for establishing or enhancing collection services at a
certified used oil collection center, such as collection tanks, testing equipment, disposal costs, city/county
staff time, contractor/consultant costs, etc. This category also includes expenses for providing assistance
to privately operated certified center(s) in the form of equipment, disposal cost subsidies, underwriting
costs for contaminated loads, providing technical assistance, etc.
Permanent Non-certified Collection Center(s) - Include expenses for establishing or enhancing collection
services at any permanent, non-certified used oil collection site or the used oil portion of a permanent
household hazardous waste site. These expenses may include collection tanks, testing equipment,
disposal costs, staff time, etc. This category also includes expenses for providing assistance to privately
operated used oil collection center(s) in the form of equipment, disposal cost subsidies, underwriting costs
for contaminated loads, providing technical assistance, etc. Please note that these centers must accept
used oil from the public at no charoe.
Temporary/Mobile Collection - Include expenses only for the used oil portion of household hazardous
waste collection events or mobile programs and clearly show how these costs were determined.
. School Education Program(s) - Include expenses for developing and implementing used oil education
and awareness programs at elementary and secondary schools, colleges, trade schools, universities, etc.
. Public Education - Include any expenses for developing, printing, and distributing public education
materials that encourage the appropriate disposal of used oil (except for school education programs).
Include costs for promoting used oil collection centers and curbside programs.
Other Costs - Include any other costs that cannot be assigned to other budget categories. This category
should be minimized in favor of the other categories.
2. Payment Requests must include Documentation supporting the claimed expenses (i.e., legible copies of
receipts, invoices, cancelled checks, time logs, etc.). Supportino documents must contain sufficient information
to establish purchases made or costs incurred are elioible for pavment. At a minimum, the documentation
should include the name of the business, the item(s) purchased, amount, and date of purchase for the
expense. An invoice dated after June 30, 1996 can be honored if it clearlv shows the services were fully
rendered during the grant term. Purchase orders will not be accepted as appropriate documentation of
expenses.
3. All personnel expenditures must be computed on actual time spent on grant-related activities. These
expenditures should be broken out by the classification(s) of the employee(s), the hourly wage, fringe benefits
rate, and number of hours worked on grant activities for calculating total personnel expenses for each
employee. Documentation for local government staff Personnel Costs should consist of a formal or "informal"
time log signed by the employee's supervisor showing the employee's name, classification, and dates and
number of hours worked each day on Block Grant activities. Grantees must also provide a time log for any
staff time claimed by a contractor/consultant indicating the date, activity, and number of hours worked.
Contractor site visits of 1 hour or longer must also include the location/business and person(s) contacted.
/1//1J
Third Cycle Block Grant Administrative Procedures and Requirements
Page 6
,
C. MAil PAYMENT REQUESTS TO YOUR CIWMB PROJECT MANAGER AT THE FOllOWING ADDRESS:
Califomia Integrated Waste Management Board
Used Oil Grant Program
8800 Cal Center Drive
Sacramento, CA 95826
D. RELEASE OF FUNDS
1. The CIWMB Project Manager will review and approve all Payment Requests before payment is made. The
CIWMB Project Manager will only process a Payment Request when the Grantee has submitted all required
Progress Reports and the CIWMB Project Manager has determined them to be satisfactory.
2. The State shall make payment to the Grantee as promptly as fiscal procedures permit. After all CIWMB staff
approvals have been obtained, Payment Requests will be forwarded to the State Controller's Office for
issuance of pay warrants. Grantee's can typically expect payment within 45 calendar days from the date a
Payment Request is approved by the CIWMB Project Manager.
3. The CIWMB Project Manager will release any funds withheld due to a Grantee's "conditional eligibility" with the
first Payment Request processed after the Grantee has fully met all eligibility requirements.
4. The CIWMB Project Manager will release the ten percent (10%) retention upon receipt and approval of the
Final Report and final Payment Request.
GRANT CLOSURE
The CIWMB Project Manager will close the grant when a Final Report and Payment Request are submitted and it is
determined that all applicable administrative actions and all required tasks of the grant have been completed.
A. Receipt and approval of the Final Report by the CIWMB Project Manager is mandatory for the Grantee to receive
final payment of the grant award. This report is a work product and as such a condition of the grant agreement.
This report must be received bv the CIWMB Proiect Manaaer bv Auaust 15. 1996. If requested, the Grantee
shall make an oral presentation to the California Integrated Waste Management Board. The Final Report must be
prepared in the format specified below.
1. A Table of Contents with all pages in the report numbered.
2. A summary of the objectives of the entire grant project and how these objectives were"accomplished.
3. A brief description of how the grant requirement to inform the publiC of locally available used oil recycling
opportunities was met.
4. A list of used oil recycling opportunities (e.g., certified centers, non-certified centers, mobile/temporary
collection events, curbside programs) that were established as a direct result of this grant and the party
responsible for implementing this program, e.g., the city/county or a contractor.
5. How many gallons of oil were collected in the jurisdiction during the term of this grant? How does this
compare to used oil collection prior to the grant?
6. What is the Grantee's intent to maintain or further develop the used oil program?
7. Provide a description of aspeqs of the program that you feel were successful, e.g., produced a significant
increase in the amount of oil collected, the number of public inquiries, or enhanced overall community
awareness. Were these aspects cost effective? Would they be worth doing again? Also describe program
elements that were less effective and that you would not recommend to others. Provide an honest
assessment of these less effective elements so the CIWMB can advise future Grantees on programs that are
effective or why some programs may not be effective.
!y-I!
Third Cycle Block Grant Administrative Procedures and Requirements
Page 7
8. Provide a list of contractors and subcontractors that were used to perform any aspect of this grant including
their name, address, phone number, and concise statement of work done.
B. The Grantee must submit a Final Report, a Payment Request and all outstanding documentation of expenses
incurred that are required as a condition of the grant. Upon receipt of the Final Report, the CIWMB Project
Manager shall ensure that all work has been completed and that all unexpended funds are refunded to the State.
If appropriate, a check from the Grantee made payable to the State will be due within 60 calendar days after the
grant project is closed. Following the CIWMB Project Manger's approval of the Final Report and Payment
Request, the ten percent (10%) retention of the grant funds, as well as any other grant funds due and owing, will
be released to the Grantee. The Final Report and Pavment Reauest must be submitted bv Auaust 15. 1996.
Payment Requests received after this date will receive very low priority for processing.
AUDIT REQUIREMENTS
This grant is subject to a desk or field audit. The CIWMB must have access to all related records during progress of
the project and for at least three (3) years after termination of the grant (until July 1, 1999). The Grantee is
responsible for maintaining source documents substantiating the expenditures claimed and must make them available
at the time of an audit. Records relating to the implemented program include, but are not limited to: expenditure
ledger, payroll register entries, time logs, paid warrants, contracts, change orders, invoices, and cancelled checks.
FAILURE TO COMPLY
Failure to comply with the reporting requirements specified above may result in termination of this agreement or
suspension of any or all outstanding Payment Requests until such time as the Grantee has satisfactorily completed the
reporting provisions.
EXCEPTIONS
During the performance of this grant, if a Grantee finds they are unable to fulfill a requirement(s) of these
Administrative Procedures, a request for an exception to the specific requirement(s) must be submitted in writina and
provide a justification for the request. The request will be reviewed and a determination made by the CIWMB within 10
working days from the date of receipt. Submit requests to:
Branch Manager
Used Oil & HHW Branch
California Integrated Waste Management Board
8800 Cal Center Drive
Sacramento, CA 95826
....
/'1-/e?--
Third Cycle Block Grant Administrative Procedures and Requirements
Page 8
, SAMPLE PROGRESS REPORT
ATTACHMENT A
CITY OF GRANTOILLE
CONTRACT NO. UBG3-94-123-45
PROGRESS REPORT
JUNE 30 - OCTOBER 5, 1995
CERTIFIED COLLECTION CENTERS
The City has a population of 538,100 and currently has three certified used oil collection
centers and needs two more to meet the eligibility requirements for this Block Grant. In an
effort to obtain two more centers, we established a list of 28 businesses as possible
contacts (see attached list). Every business on the list has been contacted and an
appointment was made to meet with the owner/manager if possible. Only three businesses
were unwilling to meet with us, Jesse's Maxi-Lube, Acme Lube and Oil, and Sam's Service
Station. During on-site meetings we gave each business the CIWMB packet of information
on certification and explained how we'd assist with collection costs and would like them to
distribute the collection containers to the public. Since those meetings ABC Oil has agreed
to become a certified center and submitted their application to the CIWMB. We are still
working with the other companies and hope to have two or three more certified by the end
of the grant term.
In trying to encourage businesses to become certified centers and to help centers already
certified to continue in the program, we are offering financial assistance in the form of
paying for the collection and disposal of the used oil, and providing drums to collect oil
filters. To date we have provided used oil collection twice for the Chief Auto Parts and the
Jiffy Lube for a total of four collections. We will continue providing this service and extend it
to other businesses as they become certified collection centers.
PUBLIC EDUCATION
.j
The City of Grantoille's public education program consists of developing and printing a
three-fold 'brochure; purchase and distribution of used oil collection containers; display
banners; and promotional items.
Since 63 percent of the City's population is Hispanic, we determined that the three-fold
brochure should target the Hispanic residents. We have completed a first draft of the
brochure and have enclosed a copy for CIWMB Used Oil Staffs review. We plan to print
the brochures during the next quarter and distribute to certified centers, auto part stores,
and City Hall. We also plan to distribute these brochures at the local Auto Show in March
and at Earth Day in April.
An order for 7,000 used oil collection containers has been placed and should be received by
October 15, 1995. The stickers for the containers have been developed and printed.
Distribution of the containers will begin immediately at the City's used oil collection center
and also at the Chief Auto Parts and Jiffy Lube certified collection centers.
;(-J;J
Third Cycle Block Grant Administrative Procedures and Requirements
Page 9
City of Grantoille - Progress Report
June 30 - October 5, 1995
Page 2
)
We had planned to purchase the banners in July, however, the company from which we
were going to order them suddenly went out of business. We hope to be able to find
another company and place the order by November. These banners will be placed over the
city's main street and used at public events.
We are in the process of reviewing the types of promotional materials available to determine
what will be the most appropriate to get our message across to recycle used oil. We want
items that will be long lasting and likely to be used frequently so that the message is seen
over and over. We'd like to purchase three different items and plan to make this purchase
by January 1996.
Please note that this sample is only to provide a recommended format for Progress Reports and demonstrate the
type of information that is required. It may be appropriate for Grantees to provide more detail depending upon the
scope of the program or other considerations.
.~
j I- / Y'
Third Cycle Block Grant Administrative Procedures and Requirements
Page 10
SAMPLE PAYMENT REQUEST ITEMIZATION
ATTACHMENT B
.
CITY OF GRANTOILLE
CONTRACT NO. UBG3-94-123-45
PROGRESS REPORT
JUNE 30 - OCTOBER 5,1995
CERTIFIED COLLECTION CENTER(S)
*Waste Management Specialist I - 60 hrs. @ $18.50 hr. & 32% benefits
*Waste Management Specialist II - 20 hrs. @ $22.38 hr. & 32% benefits
.Clerical - 24 hrs. @ $13.25 hr. & 32% benefits
..Used oil transportation & disposal - 4 pickups @ $50 per pickup
Subtotal
$1,465
591
420
$ 200
$2,676
PUBLIC EDUCATION
*Waste Management Specialist I - 32 hrs. @ $18.50 hr. & 32% benefits
..Printing of stickers for used oil containers - 7,000 @ 359! each.
Subtotal
$ 781
2.450
$3,231
TOTAL EXPENSES
$5,907
. /
.Copy of time sheets/time logs attached. with used oil grant time highlighted
..Copy of invoice attached, claimed expenses are highlighted
!~-jf'
Third Cycle Block Grant Administrative Procedures and Requirements
t-'age II
PAYMENT REQUEST FORM
ATTACHMENT C
.'
,
The Payment Request Form is in the process of being revised and will be mailed to' you along with
a copy of the fully executed Standard Agreement.
, .~
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EXHIBIT A
California Integrated Waste Management Board
Used Oil Grant Program
Terms and Conditions
Puroose. The purpose of this agreement is to establish the terms and conditions .of the Used Oil Block Grant.
Definitions. In interpreting this agreement, the following terms will have the meanings given to them below, unless the
context clearly indicates otherwise.
A. "Board" will mean the Califomia Integrated Waste Management Board.
B. . "Executive Directo~' will mean the Executive Director of the Califomia Integrated Waste Management
Board, or his/her designee.
C. "State" will mean the State of Califomia, including but not limited to, the Califomia Integrated Waste
Management Board and/or its designated officer.
D. "Grantee" will mean the recipient of funds pursuant to this Agreement.
E. "Program Manag~~' will mean the Board staff person responsible for monitoring the grant.
Audit. The Grantee agrees that the Board, the State Controlle~s Office and the State Auditor General's Office, or their
designated representatives, will have an absolute right of access to all of the Grantee's records pertaining to the
agreement to conduct reviews and/or audits. Grantee's records pertaining to the agreement, or any part thereof
requested, will be made available to the designated auditor(s) upon request for the indicated reviews and/or audits.
Such records will be retained for at least three (3) years after expiration of the agreement, or until completion of the
action and resolution of all issues which may arise as a result of any litigation, claim, negotiation or audit, whichever is
later.
If an audit reveals the Board funds are not being expended, or have not been expended in accordance with the
agreement, the Grantee may be required to forfeit the unexpended portion of the funds and/or repay the Board for any
improperly expended monies.
Drua-Free Workolace Certification. The Grantee, by signing this agreement, certifies compliance with Govemment
Code Section 8355 in matters relating to providing a drug-free workplace. The Grantee will:
A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited and specifying actions' to be taken against
employees for violations, as required by Govemment Code Section 8355(a).
B. Establish a Drug-Free Awareness Program as required by Govemment Code Section 8355(b), to
inform employees about all of the following: (a) the dangers of drug abuse in the workplace, (b) the
Grantee's policy of maintaining a drug-free workplace, (c) any available counseling, rehabilitation and
employee assistance programs, and (d) penalties that may be imposed upon employees for drug
abuse violations.
C. Provide as required by Govemment Code Section 8355(c), that every employee who works on the
proposed grant: (a) will receive a copy of the company's drug-free policy statement, and (b) will agree
to abide by the terms of the company's statement as a condition of employment on the grant. The
person signing this grant on behalf of the Grantee swears that he/she is authorized to legally bind the
Grantee to this certification and makes this certification under penalty of perjury under the laws of the
State of Califomia.
National Labor Relations Board Certification. The Grantee, by signing this agreement, swears under penalty of pe~ury
that no more than one final unappealable finding of contempt of court by a Federal court has been issued against the
contractor within the immediately preceding two-year period because of the Grantee's failure to comply with an order
of a Federal Court which orders the Grantee to comply with an order of the National Labor Relations Board.
Jr"- / ?
Used Oil Grant Terms and Conditions
Page 2
Availability of Funds. The Board's obligations under this agreement are contingent upon and subject to the availability
of funds appropriated for this grant.
Pavment. The Budget states the maximum amount of allowable costs for each of the tasks identified in the Work
Statement. The Board will reimburse the Grantee for performing only those services specified in the Work Statement
and presented on the payment request.
In the event the Grantee's projection of costs indicates a need to revise the Budget, the Grantee will notify the Board
within ten (10) working days of the discovery of need for revision.
Entire Aareement. This agreement supersedes all prior agreements, oral or written, made with respect to the subject
hereof and, together with the Attachments hereto, Grantee's application and supplemental information generated
pursuant to the grant agreement contains the entire agreement of the parties. .
Failure to Comolete Proiect. Given that the benefit to be derived by the Board from the full compliance by the Grantee
with the terms of this grant is the investigation and application of technologies, processes, and devices which support
reduction, reuse and/or recycling of wastes, should the Grantee fail to complete the project, the Board will only
reimburse the Grantee for the work performed under the grant which resulted in either information, a process, usable
data, or a partial product which can be used to aid in reduction, reuse and/or recycling of waste as determined by the
Program Manager.
Communications. All official communication from the Grantee to the Board will be directed to the Grantee's assigned
Used Oil Grant Program Manager, Califomia Integrated Waste Management Board, 8800 Cal Center Drive,
Sacramento, CA 95826. All formal notices required by this agreement will be given in writing and sent by prepaid
mail, by personal delivery, or by FAX followed by an original.
Confidentialitv/Public Records. The Grantee and the Board understand that each party may come into possession of
information and/or data which may be deemed confidential or proprietary by the person or organization fumishing the
information or data. Such information or data may be subject to disclosure under the California Public Records Act,
commencing with Government Code Section 6250. The Board agrees not to disclose such information or data
furnished by the Grantee and to maintain such information or data as confidential when so designated by the Grantee
in writing at the time it is furnished to the Board, only to the extent that such information or data is exempt from
disclosure under the California Public Records Act.
Publicitv and Acknowledaement. The Grantee agrees that it will acknowledge the Board's support each time projects
funded, in whole or in part, by this agreement are publicized in any news media, brochures, or other type of
promotional material.
" .../
Ownershio of Drawinas. Plans and Soecifications. The Board will have separate and independent ownership of all
drawings, design plans, specifications, notebooks, tracings, photographs, negatives, reports, findings,
recommendations, data and memoranda of every description or any part thereof, paid for in any part with grant funds,
and copies thereof will be delivered to the Board upon request. The Board will have the full right to use said copies in
any manner when and where it may determine without any claim on the part of the Grantee, its vendors or
subcontractors to additional compensation.
Coovriahts and Trademarks. The Grantee assigns to the Board any and all interests and rights to copyright or
trademark any material created or developed with grant funds. This assignment is valid if any portion of the creation
or development of a copyright or trademark is paid for with funds granted by the Board. Upon written request by the
Grantee the Board may, at the Board's option, give express written consent to the Grantee to retain all or any part of
the ownership of these rights.
As used herein, "copyrightable material" includes all materials which may be copyrighted as noted in Tille 17, United
States Code, Section 102, as follows: 1) literary works, 2) musical works, including any accompanying words, 3)
dramatic works, including any accompanying music, 4) pantomimes and choreographic works, 5) pictorial, graphic
and sculptural works, 6) motion pictures and other audio visual works, and 7) sound recordings. As used herein,
"trademarkable material" means any material which may be registered as a trademark, service mark or trade name
under the California Trademark Law, cited at Business and Professions Code (B&PC) Sections 14200-14342.
"Trademark" is defined by B&PC Section 14207. "Service mark" is defined by B&PC Section 14206. "Trade name" is
defined by B&PC Section 14208. )tf-; f{'
Used Oil Grant Terms and Conditions
Page 3
I Patents. The Grantee assigns to the Board all rights, title and interest in and to each invention or discovery that may
be capable of being patented, that is conceived of or first actually reduced to practice in the course of or under this
agreement, or with the use of any grant funds. Upon written request by the Grantee the Board may, at the Board's
option, give express written consent to the Grantee to retain all or any part of the ownership of these rights.
Successors and Assians. The provisions of the agreement will be binding upon and inure to the benefit of the Board
and the Grantee and their respective successors and assigns.
Discretionarv Termination or Assionment of Aareement. The Board will have the right to terminate this agreement at
its sole discretion at any time upon 30 days' written notice to the Grantee. In the case of early termination, a final
payment will be made to the Grantee upon receipt of a financial report and invoices covering costs incurred prior to
termination, and a written report describing all work performed by the Grantee to date of termination.
Stoo Work Notice. Immediately, upon receipt of a written notice to stop work, the Grantee will cease all work under
the agreement.
Disputes. If for any reason the Grantee and the Executive Director cannot reach' mutual agreement, the Grantee may
refer the dispute to the Board for final resolution.
Remedies. Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not
in limitation of, other rights and remedies under the agreement, at law or in equity, and exercise of one right or remedy
will not be deemed a waiver of any other right or remedy.
Severabilitv. If any provisions of this agreement are found to be unlawful or unenforceable, such provisions will be
voided and severed from this agreement without affecting any other provision of the agreement. To the full extent,
however, that the provisions of such applicable law may be waived, they are hereby waived, to the end that the
agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms.
Force Maieure. Neither the Board nor the Grantee, including the Grantee's contractor{s), if any, will be responsible
hereunder for any delay, default or nonperformance of this agreement, to the extent that such delay, default or
nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion,
sabotage, or flood, or any other cause beyond the reasonable control of such party.
Controllina Law. All questions conceming the validity and operation of the agreement and the performance of the
obligations imposed upon the parties hereunder will come within the jurisdiction of and be govemed by the laws of the
State of California.
Compliance. The Grantee shall comply fully with all applicable federal, state and local laws, o.rcj.inances, regulations
and permits. The Grantee must provide evidence that all local, state and/or federal permits, licenses, registrations,
and approvals for the proposed project have been secured and shall maintain compliance with such requirements
throughout the grant period. The Grantee shall ensure that the requirements of the California Environmental Quality
Act are met for any permits or other requirement necessary to carry out the terms of this agreements. Any deviation
from these stated requirements will result in non-payment of grant funds.
Eauipment and Supplies. Subject to the obligations and conditions set forth in this section, title to equipment and
supplies acquired under a grant will vest upon acquisition in the Grantee.
Use. Equipment and supplies shall only be used by the Grantee in the program for which it was acquired as long as
needed, whether or not the program continues to be supported by Board funds.
Insurance. The Grantee shall obtain, and keep in force for the term of this agreement, and require its contractors to
obtain and keep in force, the following insurance policies which cover any acts or omissions of the Grantee, or its
employees, engaged in the provision of service specified in this agreement. Proof that the following insurance is in
place shall be submitted to the Board prior to the awarding of the grant.
1.
Worker's Compensation Insurance in accordance with the statutory requirements of the State where the work is
performed.
Comprehensive personal injury liability insurance, including .coverage of owned, hired and nonowned automobiles.
It/-I'}
2.
Used Oil Grant Terms and Conditions
Page 4
3. Comprehensive property damage liability insurance, including coverage of owned, hired and nonowned
automobiles.
,
4. Equipment and motor vehicle coverage at a level sufficient for replacement of property acquired under this
agreement.
5. Insurance coverage required for program implementation pursuant to Title 22, Califomia Case of Regulations,
Section 67027.
Hold Harmless.
A. Grantee agrees to waive all claims and recourse against the State including the right to contribution for
loss or damage to persons or property arising from, growing out of or in any way connected with or
incident to this agreement. This waiver extends to any loss incurred due to any product, structure or
condition created pursuant to, or as a result of the grant agreement.
B. Grantee agrees to indemnify, hold harmless and defend the State, its officials, officers, agents and
employees against any and all claims, demands, damages, costs, expenses, or liability cost arising out
of the activities undertaken, product, structure or condition created pursuant to, or as a resull of this
grant agreement.
Nondiscrimination Clause (OCP - 2)
1. During the performance of this grant, the Grantee, contractor and its subcontractors will not deny the grant's
benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental
disability, nor will they discriminate unlawfully against any employee or applicant for employment because of race,
religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age
or sex. Grantee will ensure that the evaluation and treatment of employees and applicants for employment are
free of such discrimination.
2. Grantee will comply with the provisions of the Fair Employment and Housing Act (Government Code, Section
12900 et sea.), the regulations promulgated thereunder (Califomia Administrative Code, Title 2, Section 7285.0 et
sea.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Govemment Code (Govemment
Code, Sections 11135 - 11139.5) and the regulations or standards adopted by the awarding State agency to
implement such article.
3. Grantee and any subcontractors will give written notice of their obligations under this clause to labor organizations
with which they have a collective bargaining or other agreement. . .;
4. Grantee will include the nondiscrimination and compliance provisions of this clause in all contracts and
subcontracts to perform work under the grant.
Used Oil Block Grant - 1995/96
/1-.20
. Exhibit A. Used oil recycling program ("Program")
Exhibit B: "Detailed Scope of Work for Chula Vista Nature Center"
Exhibit C; Administrative Procedures and Requirements
.
,
.
Page 10
) 1'-3D
.
ATTACHMENTS A-I, A-2 AND A-3 ARE THE SAME AS FOR THE
I LOVE A CLEAN SAN DIEGO AGREEMENT AND ARE THEREFORE
NOT DUPLICATED FOR THIS ITEM.
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EXHIBIT B
BUDGET DETAIL
THE URBAN CORPS OF SAN DIEGO
USED OIL BLOCK GRANT
CERTIFIED CENTER AND RECYCLING EDUCATION SERVICE
AGREEMENT ITEM: Amount
Scope of Work Tasks: 2, 5, 6, 7, 9, II, 13 and 14 billed at $12.50 per
hour; $32,000
Page 11
J y- ]J )'1-3i
so
STATE
COMPENSATION
INSUAANCE
.UNO
ISSUE DATE: 10-20-85
P.O. BOX 807, SAN FRANCISCO,CA 94101-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
POLICY NUMBER: 1327154 - 85
CERTIFICATE EXPIRES: 10-20-88
CITY OF CHULA VISTA
ATTN: MICHAEL MEACHAM
276 FOURTH AVENUE
CHULA VISTA CA 91910
~08: ALL OPERATIONS
ThiS is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
CalifornIa Insurance Commissioner to the employer named below for the poliCY period indIcated.
ThiS policy is not subject to Cilncellatlon by the Fund except upon 30 days' advance written notice to the employer
We will ,Iso give you 30 days' advance notice should this poliCY be cancelled pnor to its normal expiration.
ThiS certifIcate of insurance is not an insurance PoliCY and does not amend, extend or alter the coverage afforded
by the policies listed herein, Notwithstanding any requirement, term, or condition of Iny contrJct or other documer-.t
with respect to which thiS certlflClte of insurJnce may be issued or mly pertain, the IMsurlnce afforded by the
poliCies described hereln IS subject to all the terms, exclusions and conditions of such policies.
~EMPLOYER'S LIA81LITY LIMIT INCLUOING OEFENSE COSTS:
.J/ ,.,/ ~
~isIDENT
$1,000,000.00 PER OCCURRENCE.
ENDORSEMENT #0015 ENTITLEO AOOITIONAL INSUREO EMPLOYER EFFECTIVE 10/20/85 IS ATTACHEO TO ANO
FORMS A PART OF THIS POLICY.
NAME OF AOOITIONAL INSURED: CITY OF CHULA VISTA
ENDORSEMENT #2085 ENTITLEO CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10/20/85 IS ATTACHEO TO AND
FORMS A PART OF THIS POLICY.
EMPLOYER
LEGAL NAME
~
UR8AN CORPS OF SAN DIEGO
1864 NATIONAL AVE
SAN ~IEGO CA 82113
UR8AN CORPS OF SAN OIEGO
A NON PROFIT CORPORATON
.
.
.
Exhibit List to Agreement
Exhibit A. Used oil recycling program ("Program")
Exhibit B: "Detailed Scope of Work for Chula Vista Nature Center"
Exhibit C; Administrative Procedures and Requirements
Page 10
) i~ {tj
TANDARD AGREEMENT-
APPROVEO BY THE
ATTORNEY GENERAL
,..........--- -
2IREV$.g1l
C "<u.... It
......"0
UBG3-94-734-37
U AY 'IS 0 tv.. ... I.
I t.j, ,C....'O..IoI\,1Y
S AGREEMENT, made and en'ered into this 30th day of June, 1995, 95 - 6 0 0 0 - 6 9 0
lC Stale of California. by and between State of California, through ItS duly elected or appointed. qualified and aCllng
FFICER ACTING FOR STATE
xeculive Director rated Waste Mana ement Board ' hereafter called the Stall:. and
"TRACTOR'S NAME
:ity of Chula Vista ' hereafter calleu the Contractor
TJI,;ESSETH: That the Connaclor for and in consil.leratlon of the covenants, com,l1IJOns, agreements, and stipulatiOns of the Stale hereinafter exrm.:.."trJ
~ hc:rehy agree lO furni~h tCl the State services and material!'. as follows: fStt forth servIce to ht rtndertd hy Contractor, amoufl( In be pwd Conrf(J( /Ii'
c for p.,1ormanct or complellOn. ana a/lach plans ana spwficallons. if any.)
Contractor agrees 10 undertake and complete all necessary tasks to implement a local used oil collection program as authorized by PubliC Resource~
Code i48690 and i48691. A' a minimum, ,he contraclO,'S local used oil colleclion program must:
1. Include a public education componcnllhat informs the public of locally available used oil recycling opportunities, AND
2. Ensure the contractor's Block Grant eligibility requirements are met by ensuring that either of the: criterIa below or a combination of the two iHt:
achieved and maintained during the grant term so that all residents are served:
. Provides used oil curbside collection for all residents of the cit)' including multi.family residences; or
. Ensure~ that at least one certified used oil collection cemer i~ available for every 100,000 resluents not ~ef\led by curhside used oil collection.
The ltrm of (he agreement will he 12 months. commencing Jum: 30. 1995 and terminating on June 30, 1996 Contrauor will be palu Ul a<;.<;.oruillllC
\A:ith Exhlhit A amI Exhibit B, The Stite will wlIhhold 10% of the tmal grant award unol completion of all work anu other requ1reme.nts to the
satisfaction of the State in accordance with this contract
Contractor agrees to abide by all legal and administrative requirements for this grant as deSCribed in the Admmistratlve Procedures and
Requirements. and in the Terms and Conditions excluding the paragraph entitled. ~Paymenl" and amending the paragraph entitled. "Entire
ireem.ent" to reaJ. "ThiS agreemenl supercedes all prior agreemenls. oral or wrlllen, made with respect to the subject hereof." These documenl~
ltidched to thiS agreement and mcorporaled by re1erence:
Jthlbit A: Terms and Conditions
E.h,bit B: Adminimallvo Procedures and Requirements
.ql~L'ED ON SHEETS. EACH BEARING NA\lE OF CONTRACTOR AND CONTRACT NL'MBER
'': pro\olsions on the reverse slue hereof CClnstltule . parI of um ai-Teemenl
W1TSESS WHEREOF, this as.reement has been executed by Ihe panies hereto. upon the dale flrSI ahove wrlnen
ST A TE OF CALIFOR1"i'IA
CONTRACTOR
...",
Cit
276 Fourth Ave.
~U"'D TITl.E.
er
(,k II' O,~t' I~."~ '~" ~~I' Hilt ..~t"'t' II ~Orp"'I"(1~ p."roe'I~"t> I:;
C A Integrated Waste Management Board
\\TlIORIZF.D SI ",""TUREI
'0'; lD N"~l OF PE SON SIGNING
Ral h E Chandler
I
Execull"e Director
" 'v.., l;1';\\..MRE.REO 8Y THI
~ LiMENT
CA Used 011 Rec cling
Chula Vista CA 91910
Department or General Sen'ice~
Us. Only
PI/.{ AM'CA.TEG R't' IC(IO~. "",[)TIll.ll
$79,711.70
'.'11: "MOUNT N UM II. OR
'!SCONTI.ACT
I NA.l. EI
$ .0-
_,'7A.L M-t UN N UMS II.
".
817
I " ~' "
I M
II.
3910-602-100
OBl OF XP NOI U
1994/95
"'NO I l.J
$79,711.70 1100-51843-702
'ereby certIfy upon my own personal knowledge that budgeted funds are available
~ht' period and purpose of the t'xpendirure slaled above
E OF A COU,,"TING OFFICEIl
-, CONTRACTOR
o STATE. "~ENC'i'
o DEn OF OfN SEA
o CONTROL.I.ER
o
;tj-1/3
EXHIBIT A-2
California Integrated Waste Management Board
Used Oil Grant Program
Terms and Conditions
L
The purpose of this agreement is to establish the terms and conditions of the Used Oil Block Grant
Definitions. In interpreting this agreement, the following terms will have the meanings given to them below. unless the
context clearly indicates otherwise
A "Board" will mean the Califomia Integrated Waste Management Board.
B. "Executive Directo(' will mean the Executive Director of the Califomia Integrated Waste Management
Board, or his/her designee.
C. "State" will mean the State of Califomia, including but not limited to, the Califomia Integrated Waste
Management Board and/or its designated officer
D. "Grantee" will mean the recipient of funds pursuant to this Agreement
E. "program Manage(' will mean the Board staff person responsible for monrtoring the grant
Audit The Grantee agrees that the Board, the State Controller's Office and the State Auditor General's Office, or their
designated representatives. will have an absolute right of access to all of the Grantee's records pertaining to the
agreement to conduct reviews and/or audits Grantee's records pertaining to the agreement. or any part thereof
requested, will be made available to the designated auditor(s) upon request for the indicated reviews and/or audits
Such records will be retained for at least three (3) years after expiration of the agreement, or until completion of the
action and resolution of all issues which may arise as a result of any litigation, claim, negotiation or audit, whichever is
Ir.
audit reveals the Board funds are not being expended, or have not been expended in accordance wrth the
agreement, the Grantee may be required to forfeit the unexpended portion of the funds and/or repay the Board for any
improperly expended monies
Oruo-Free Workplace Certification The Grantee. by signing this agreement, certifies compliance with Govemment
Code Section 8355 in matters relating to providing a drug-free workplace The Grantee will
A Publish a statement notifying employees that unlawful manufacture, distribution, dispensation.
possession, or use of a controlled substance is prohibited and specifying actions to be taken against
employees for violations. as required by Govemment Code Section 8355(a).
B. Establish a Drug-Free Awareness Program as required b, Govemment Code Section 8355(b), to
inform employees about all of the following: (a) the dangers of drug abuse in the workplace, (b) the
Grantee's policy of maintaining a drug-free workplace, (c) Iny Ivailable counseling, rehabilrtation and
employee assistance programs, and (d) penalties that may be imposed upon employees for drug
abuse violations.
C. Provide as required by Govemment Code Section 8355(c), that every employee who works on the
proposed grant: <a> will receive a copy of the company's drug-free policy statement, Ind (b) will agree
to abide by the terms of the company's statement as I condrtion of employment on the grant The
person signing this grant on behalf of the Grantee swears that he/she is authorized to legally bind the
Grantee to this certification and makes this certification under penalty of perjury under the laws of the
State of California
i nat ab r Rei tion oar ili tion The Grantee. by signing this agreement. swears under penalty of perjury
t no more than one final unappealable finding of contempt of court by a Federal court has been issued against the
contractor within the immediately preceding two-year period because of the Grantee's failure to comply with an order
of a Federal Court which orders the Grantee to comply with an order of the National Labor Relations Board
/i/V~
Used Oil Grant Terms and Conditions
Page 2
Availability of Funds The Board's obligations under this agreement are contingent upon and subject to the availability
of funds appropriated for this grant
~ The Budget states the maximum amount of allowable costs for each of the tasks identified in the Work
Wtement The Board will reimburse the Grantee for performing only thOSe services specified In the Work Statement
and presented on the payment request
In the event the Grantee's projection of costs indicates a need to revise the Budget, the Grantee will notify the Board
within ten (10) working days of the discovery of need for revision.
Entire Aoreement This agreement supersedes all prior agreements, oral or written, made with respect to the subject
hereof and, together with the Attachments hereto, Grantee's application and supplemental information generated
pursuant to the grant agreement contains the entire agreement of the parties.
Failure to Comolete Proiect Given that the benefit to be derived by the Board from the full compliance by the Grantee
with the terms of this grant is the investigation and application of technologies, processes, and devices which support
reduction, reuse and/or recycling of wastes, should the Grantee fail to complete the project. the Board will only
reimburse the Grantee for the work performed under the grant which resulted in either information, a process, usable
data, or a partial product which can be used to aid in reduction, reuse and/or recycling of waste as determined by the
Program Manager.
Communications All official communication from the Grantee to the Board will be directed to the Grantee's assigned
Used Oil Grant Program Manager, Califomia Integrated Waste Management Board, 8800 Cal Center Drive,
Sacramento, CA 95826. All formal notices required by this agreement will be given in writing and sent by prepaid
mail, by personal delivery, or by FAX followed by an original
Confidentialitv/Public Records The Grantee and the Board understand that each party may come into possession of
information and/or data which may be deemed confidential or proprietary by the person or organiZation fumlshing the
t'nfOrmatiOn or data'Such information or data may be sUbject to disclosure under the Califomia Public Records Act.
mencing with Government Code Section 6250 The Board agrees not to disclose such information or data
~Ished by the Grantee and to maintain such information or data as confidential when so designated by the Grantee
in writing at the time it is furnished to the Board, only to the extent that such information or data is exempt from
disclosure under the California Public Records Act
Publicitv and Acknowledaement. The Grantee agrees that it will acknowledge the Board's support each time projects
funded, in whole or in part, by this agreement are publiciZed in any news media, brochures, or other type of
promotional material
Ownershio of Drawinos Plans and Soecifications. The Board will have separate and independent ownership of all
drawings. design plans, specifications, notebooks, tracings, photographs, negatives, reports, findings,
recommendations, data and memoranda of every description or any part thereof, paid for in any part with grant funds,
and copies thereof will be delivered to the Board upon request The Board will have the full right to use said copies in
any manner when and where it may determine without any claim on the part of the Grantee, its vendors or
subcontractors to additional compensation.
Coovriahts and Trademarks. The Grantee assigns to the Board any and all interests and rights to copyright or
trademark any material created or developed with grant funds. This assignment is valid if any portion of the creation
or development of a copyright or trademark is paid for with funds granted by the Board. Upon written request by the
Grantee the Board may, at the Board's option, give express written consent to the Grantee to retain all or any part of
the ownership of these rights.
As used herein, "copyrightable material" includes all materials which may be copyrighted as noted in Tille 17, United
States Code, Section 102, as follows: 1) literary works, 2) musical works, including any accompanying words, 3)
dramatic works, including any accompanying music, 4) pantomimes and choreographic works, 5) pictorial, graphic
aPd sculptural works, 6) motion pictures and o:her audio visual works, and 7) sound recordings. As used herein,
.....demarkable material" means any materia! which may be registered as a trademark, service mark or trade name
under the Califomia ,rademark Law, cited et Business and Professions Code (B&PC) Sections 14200-14342
"Trademark" is defined by B&PC Section 14207. "Service mark" is defined by B&PC Section 14206. "Trade name" is
defined by B&PC Section 14208
J~-f/
Page 3
Used Oil Grant Terms and Conditions
Patents The Grantee assigns to the Board all rights, title and interest in and to each invention or discovery that may
be capable of being patented, that is conceived of or first actually reduced to practice in the course of or under this
_ement, or with the use of any grant funds. Upon written request by the Grantee the Board may, at the .Board'S
_n, give express written consent to the Grantee to retain all or any part of the ownership of these rights
Successors and Assians The provisions of the agreement will be binding upon and Inure to the benefit of the Board
and the Grantee and their respective successors and assigns.
Discretionarv Termination or Assianment of Aareement The Board will have the right to terminate this agrf.:ement at
its sole discretion at any time upon 30 days' written notice to the Grantee. In the case of early termination, a final
payment will be made to the Grantee upon receipt of a financial report and invoices covering costs incurred prior to
termination, and a written report describing all work performed by the Grantee to date of termination
Stoc Work Notice Immediately, upon receipt of a written notice to stop work, the Grantee will cease all work under
the agreement
Discutes If for any reason the Grantee and the Executive Director cannot reach mutual agreement, the Grantee may
refer the dispute to the Board for final resolution.
Remedies Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not
in limitation of, other rights and remedies under the agreement, at law or in equity, and exercise of one right or remedy
will not be deemed a waiver of any other right or remedy
Severabilitv If any provisions of this agreement are found to be unlawful or unenforceable, such provisions will be
voided and severed from this agreement without affecting any other provision of the agreement To the full extent.
however, that the provisions of such applicable law may be waived, they are hereby waived, to the end that the
agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms
ce Maeure Neither the Board nor the Grantee, including the Grantee's contractor(s), if any. will be responsible
eunder for any delay, default or nonperformance of this agreement, to the extent that such delay, default or
nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion,
sabotage, or flood, or any other cause beyond the reasonable control of such party.
Controllina Law All questions concerning the validity and operation of the agreement and the performance of the
obligations imposed upon the parties hereunder will come within the jurisdiction of and be govemed by the laws of the
State of Califomia.
Comcliance The Grantee shall comply fully with all applicable federal, state and local laws, ordinances, regulations
and permits The Grantee must provide evidence that all local, state and/or federal permits, licenses, registrations
and approvals for the proposed project have been secured and shall maintain compliance with such requirements
throughcut the grant period. The Grantee shall ensure that the requirements of the California Environmental Quality
Act are met for any permits or other requirement necessary to carry out the terms of this agreements. Any deviation
from these stated requirements will result in non-payment of grant funds.
Eauicment and Succlies. Subject to the obligations and conditions set forth in this section, title to equipment and
supplies acquired under a grant will vest upon acquisition in the Grantee.
J.!H.,. Equipment and supplies shall only be used by the Grantee in the program for which it was acquired as long as
needed, whether or not the program continues to be supported by Board funds.
Insurance. The Grantee shall obtain, and keep in force for the term of this agreement, and require its contractors to
obtain and keep in force, the following insurance policies which cover any acts or omissions of the Grantee. or its
employees, engaged in the provision of service specified in this agreement Proof that the following insurance IS '"
_lace shall be submitted to the Board pnor to the awarding of the grant . .
, 1. Worker's Compensation InsL!rance In accordance With the statutory reqUirements of the State where the work IS
performed
2. Comprehensive personal injury liability insurance, including coverage of owned, hired and nonowned automobiles
) tj~ 'Iy
Used Oil Grant Terms and Conditions
Page 4
3. Comprehensive property damage liability insurance, including coverage of owned, hired and nonowned
automobiles
4. Equipment and motor vehicle coverage at a level sufficient for replacement of property acquired under this
. 'agreement
5 Insurance coverage required for program implementation pursuant to Title 22, California Case of Regulations,
Section 67027.
Hold Harmless
A. Grantee agrees to waive all claims and recourse against the State including the right to contribution for
loss or damage to persons or property arising from, growing out of or in any way connected with or
incident to this agreement. This waiver extends to any loss incurred due to any product, structure or
condition created pursuant to, or as a result of the grant agreement.
B. Grantee agrees to indemnify, hold harmless and defend the State, its officials, officers, agents and
employees against any and all claims, demands, damages, costs, expenses, or liability cost arising out
of the activities undertaken, product, structure or condition created pursuant to, or as a result of this
grant agreement
Nondiscrimination Clause (OCP - 2)
1.
During the performance of this grant, the Grantee, contractor and its subcontractors will not deny the grant's
benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental
disability, nor will they discriminate unlawfully against any employee or applicant for employment because of race,
religior, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age
or sex. Grantee will ensure that the evaluation and treatment of employees and applicants for employment are
free of such discrimination
.
Grantee will comply with the provisions of the Fair Employment and Housing Act (Govemment Code, Section
12900 et seo), the regulations promulgated thereunder (California Administrative Code, Title 2, Section 72850 el
K9 ), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government
Code, Sections 11135 - 11139.5) and the regulations or standards adopted by the awarding State agency to
implement such article
3.
Grantee and any subcontractors will give written notice of their obligations under this clause to labor organiZations
with which they have a collective bargaining or other agreement
4.
Grantee will include the nondiscrimination and compliance provisions of this clause in all contracts and
subcontracts to perform work under the grant
ed Oil Block Grant. 1995/96
)//1;
.
.
.
(EXHIBIT 11-3)
Used Oil Recycling Block Grant Cycle III
Grant Proposal
A) BACKGROUND:
Local Used Oil Disposal Problems: The Cities of Chula Vista, Imperial Beach and National
City (Region) comprise most of the enclosed portion of South San Diego Bay. The Region has
an estimated 1,500 businesses that sell and/or generate motor oil. A significant part of the
Region's total households own more than one vehicle. Many households also own recreational
vehicles, boats and other motorized items that generate used oil. The Region has less than a
dozen facilities that accept used motor oil from the public.
The improper disposal of used oil in storm drains has a particularly devastating effect on the
Region. Most of the storm drains for city and county streets from downtown San Diego to the
border drain into San Diego Bay and are captured in the enclosed South Bay. Approximately
one million residents potentially utilize their gutters and storm drains as the only convenient
means of used oil disposal. Between Chollas Creek and the Tijuana River there are at least
four additional rivers and creeks that support hundreds of acres of National Wildlife Refuge
and wetlands. The wetlands and bay wildlife depend on the waterways and are threatened by
the used oil and other hazardous wastes they can transport.
Jurisdictions' Population: The City of Chula Vista is the second most populated city in San
Diego County with approximately 150,000 residents. National City has approximately 55,000
residents and Imperial Beach approximately 28,000 residents. The greater South Bay area
serves as home, work and retail center to more than 1,000,000 people from the United States
and Tijuana, Mexico.
Existing Used Oil Collection Opportunities: Prior to Used Oil Recycling Grant
opportunities there were only two businesses in the Region that have completed the
certification process, neither of which promoted their used oil collection programs. There are
approximately ten additional non-certified centers in the Region that are known to accept
motor oil from the public. These centers are not well publicized and tend to be located In
dense commercial areas that are not convenient for many generators. The Region is in the
process of recruiting, certifying and promoting as many as 30 certified centers that will be
promoted through: local media, point of purchase displays, movie theaters, newsletters, prize
incentives and much more. The program also includes an extensive public education program
that will reach thousands of students, consumers, retail centers and used oil generating
businesses throughout the region.
County-Wide Household Hazardous Waste Element (HHW): The Region has paid an
additional per ton tipping fee to San Diego County for the HHW Round Up Program for the
past several years. HHW Round Ups accept used oil. The County typically schedules annual
roundups in National City and Imperial Beach. The County does nOl schedule roundups in
2
/ Ll--st}
.
.
.
" co
~
Used Oil Recycling Block Grant Cycle III Background continued. . .
Chula Vista. but expects Chula Vista residents to take their motor oil and other HHW to the
County's HHW subcontractor which is located in a remote part of the City, The County's records
indicate that the contractor receives less than 2 % of Chula Vista's total HHW waste stream of
which only a part is used motor oil.
B) PROGRAM DESCRIPTION AND GOALS:
Program Description, Southbay Used Oil Recycling Program: Providing every household with
a convenient recycling opportunity is the first step in eliminating improper disposal and
eliminatiI.g used oil as a threat to the Region's waterways and wildlife habitat. With the help of
previous used oil grants from the California Integrated Waste Management Board, Chula Vista,
Imperial Beach and National City (Region) are in the process of establishing up to 30 certified
,used oil recycling centers,
With the assistance of previous used oil grants the region is encouraging businesses to certify as
used oil recycling centers by:
1)
2)
3)
offering technical assistance to complete a certification application.
providing free used oil recycling containers for dIstribution to their customers,
referring customers to cenified centers through the recycling information telephone
line, point of purchase information, newspaper advertisements and other
promotions.
The goals of this process are to:
A) certify and maintain a minimum of twelve (12) and as many as thirty (30) used oil
centers throughout the region,
B) pledge that the centers are sufficient in quantity and geographic distribution to
assure that every resident of the region has a convenient opportunity to participate
in the program,
C) provide public information and incentives that will make used oil generators want
to recycle their used oil, and
DJ educate a future generation about used oil recycling opportunities and the impacts
of improper disposal of used oil.
This block grant will provide funding for the 1995/96 to continue technical support to the centers
established under the previous opportunity grant, and to continue to provide the items listed above
as 1 through 3 and A though C. CIWMB has multiple copies of the previous grants however,
another complete copy of the previous grants, program descriptions and work statements will be
made available upon request. It is the region's intent to utilize this Block Grant to continue to:
o
build on awareness regarding the environmental hazards of improper disposal.
3
/ (- ~r;-I
B) Program Description and Goals continued:
0
0
0
. 0
0
0
0
0
0
0
develop grass roots support for used oil recycling,
provide residents with the name and address of certified oil recycling centers,
provide residents in the region with a telephone number for more information.
provide point of purchase displays, newspaper advertisements, and public dIsplay
information,
provide free used oil recycling containers,
emphasize buying recycled to "close the loop,"
provide used oil recyclers with recognition for doing the right thing,
supply and assist the existing certified centers,
establish new centers as needed to replace decertified centers and maintain the
optimum number and location of centers,
provide businesses with incentives for certifying and maintaining certification
(advertising, referrals, recognition and technical support).
The program will continue to utilize portable displays, photographs, slides and signage promoting
used oil recycllOg at banks, theaters, mall window displays and other public forums. The program
will also continue to use point of purchase displays that refer oil purchasers to used oil recyclmg
centers. Whenever possible existing CIWMB materials will be used. When creating new materials
the region will generate generic sizes and styles which can be adapted for use by other California
jurisdictions. The CIWMB will be prominently recognized in all materials produced.
Cooperative Efforts: This program emphasizes a cooperative effort between the Cities of Chula
Vista, Imperial Beach and Nationlll City, and local non-for-profit agencies. The Cities developed
pannerships with the Urban Corps, Chula Vista Nature Center, Southwestern Community College and
. Chula Vista Elementary School District to implement the prevIous block grant and opportunity grant.
This grant will build on those partnerships and continue to reach into the three communities to local
businesses, non-for-profit agencies and residents for support. The Cities and agencies will work
together and utilize their considerable resources to develop and implement a program through which
the Region and State will take great pride.
Qperation Elan;. The recycling/diversion of used oil will be achieved through a comprehensive system
that refers oil generators to conveniently located and "state certified" drop-off centers. The availability
of state certified centers will be promoted through an extensive public education and information program.
Qualified businesses will be encouraged to maintain and establish a schedule of days and hours for
accepting used oil (potentially their full hours of operation). Posting the days and hours of operation on
the store front sign provided will be a requirement of participation in the Region's assistance program.
Businesses will not be encouraged to apply for certification if they cannot meet the state minimum
requirements for hours of used oil collection. Certified centers will be encouraged to contact the local
used oil referral number(s) when they have temporarily reached their storage capacity maximum or if they
wish to drop from the program. The program will provide ongoing technical assistance to certified
centers to inform them about new collection, testing and processing information and provide feedback
received from the used oil telephone referral line. The program will continue to provide used oil recycling
containers, update signage, displays and other used oil recycling store functions.
.
-
.
) LI,,~;2
.
.
.
BUDGET ITEMIZATION
Grant Applicant City of Chula Vista
CERTIFIED CENTERS
Used Oil Recycling Containers
1,250 @ $3.00 each
2,500 @ SO.50 each
Technical assistance to existing Centers
& recruitment of new centers
TOTAL
PUBLIC EDUCATION
Recycling Incentives promotions/
gift certificates
Display Signage. Photos and Slides Updates
Bill Inserts. Point of Purchase & Other
Printing
Postage
Newspaper Advertisemen~/Graphics
Used Oil telephone referral lines
TOTAL
OTHER COSTS
Mileage Reimbursement
Space Rental
TOTAL
TOTAL COSTS
EXHIBIT D
Date December 13. 1994
CIWJ\.fB
FUNDS
$ 5 ()()()
$47 ()()()
$52,000
$ I 330
$ 1000
$ 3 300
$ I ()()()
$ 3 500
$3000
$13,130
$ 500
$ 7 500
$ 8,000
573.130
THIS APPLlCATIOS WAS PRI!'o"I'ED O!'o POST-COSSl.'!\fER COSTEST RECYCLED PAPER
,
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EXHIBIT B
BUDGET DETAIL
I LOVE A CLEAN SAN DIEGO
USED OIL BLOCK GRANT
HOTLINE AND PUBLIC EDUCATION SERVICES
AGREEMENT ITEM: Amount
Scope of Work Tasks: 1,3,4,8,10,12,15 billed at $23.03 per hour for staff and $16,500
$33.03 per hour for Executive Director:
Page 11
/t/~S-t /11-&A
. ..... .....,. .~. . '. - .............. ....'$ TATE '.0 F ..;A L I FOR N t A
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>.A"'D_M.:;l~NjfIS_T...RA..T .I.VE PROCEOUR:ES ANO_RE. ~Q<UIREMENTS
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J /-5?
Administrative Procedures and Requirements
Page 2
... As a result of this grant project, indicate how many gallons of used oil were collected or how many citizens
were reached, whichever is applicable;
.
5. A statement of future intent of the Grantee to maintain or further develop the program;
6. A Payment Request Form requesting final payment of any remaining grant funds as well as the ten percent
(10%) retention. and required supporting documents (Ief: Section B. Submittal of Payment Requests); and
7. A lilt of contractors and subcontractors funded in whole or in part by the Grantee Include the name address,
concise statement of worX done. time period In which worX was done, and cost of each.
FAILURE TO COMPLY
failure to comply with the reporting requirements specified above may rasult in termination of this agreement or
suspension of any or all outstanding Payment Requestss until such time as the Grantee hiS satisfactorily completed
the reporting provisions.
PUBLICITY AND ACKNOWLEDGEMENT
A. The purpose of this grant is to ensure the widest possible collection of used oil. Therefore, publiC education or
promotional materials must not advertise one privately operated used oil collection center to the exclusion 01
others. Such materials will attempt to promote all certified used oil collection centers within the Grantee's
jurisdiction to the maximum extent possible.
B. The Grantee shall submit to the Project Manager copies of draft publiC education or advertising materials These
t ri I h iew n , f h p' M n r ri r Ii i n r i ri ution
. G.rantee must also provide two (2) copies of all final public education. advertising or promotional materials to the
Project Manager. I
C. The Grantee agrees to acknowledge the Califomia Integrated Waste Management Board's support whenever
1lfOjeels funded by this agreement (in whole or in part) are publicized in any news media, brochures, promotional
materials, or other types of print media. Vehicles or other large pieces of equipment purchased with grant funds
must hive a sign attached indicating it was purchased with CIWMB grant funds and preferably using the .used oil
drop. logo. Such signs will be available from the Board at no cost; or the Grantee. with their Project Manager's
approval, may develop their own sign.
GRANT PAYMENTS
A. GENERAL REQUIREMENTS
1. The State shill raimblne the Grantee for perfonning only those aervlees asspeelfied in the Budget Summary
and Block Grant application. ::v :~ations from the use of fund.soeclfied In the aDDlication must be
aonroved bv the Protect Mana _r _1_'. an exaenditure for that Item is made.
2. To receive payment. the Grantee must lubmlt a Payment Request Form and IUpporting documentation as
described below In Section B .Submlttal of Payment Requests.. Payment Requests lhould be lubmitted not
more frequently than once each quarter and be for a minimum of $1.000. Pavment to the Grantee shall
normallv be m.de in .rre.rs.
3. Payment will be made to the Grantee only. It will be the mponslbility of the Grant.. to pay all contractors
and subcontractors for purchased goods and aervices.
. .. The State shan withhold and retain ten 110%\ Mrcent of the Grant award until all conditions stiDulated in the
.areement h8ve been satisfied.
) ,/ f'g/
Administrative Procedures and Requirements
Page 4
2. The State shall make payment to the Grantee as promptly IS fiscal procedures permit. After 11\ Board staff
approvals have been obtained, Payment Requests will be forwarded to the State Controller's Office for
issuance of pay warrants. Grantee's can typically expect payment within 45 calendar days from the date a
Payment Request is approved by the Project Manager.
.
3. The Project Manager will release any funds withheld due to a Grantee's 'conditional eligibility" with the first
payment request processed after the Grantee has fully attained all eligibility requirements.
<t. The Project Manager will release the ten (10%) percent retention upon receipt and approval of the final report
and final payment request.
GRANT CLOSEOUT
A. The Project Manager will close out the grant when It is determined that all applicable Idmlnistrative actions and all
required wort\ of the grant have been completed.
B. The Grentee must submit I Final Report, a Payment Request and all outstanding documentation of expenses
Incurred that are required IS I condition of the grant. Upon receipt of the Final Report, the Project Manager sha1\
ensure that all wort\ has been completed and that all unexpended funds are refunded to the State. If appropriate,
a check from the Grantee made payable to the State will be due within 60 calendar days Ifter the grant project is
closed. Following the Project Manger's Ipproval of the Final Report and Payment Request, the ten percent (10%)
retention of the grant funds, IS well IS Iny other grant funds due and owing, will be released to the Grantee In!
Final ReDOrt must be submitted at least 30 davs orior to the termination of the orant
C. The Grantee's obligltions under the Terms and Cond~ions .hall be deemed discharged only upon acceptance of
the final report by the Board. If requested, the Grantee shall make an oral presentation to the Cllifomia Integrated
Waste Management Board.
,
The Grantee must retain all financill Ind program records, supporting documents, statistical records Ind other
naoords of projects funded by this program. The California Integrated Waste Manlgement Board must have
access to III related records during progress of the project and for at IIIst three (3) Ylars after termination of the
grant.
eo.
AUDIT REQUIREMENTS
This grant is subject to I desk or field audit. The Grantee is responsible for maintaining lOurce documents
substantiating the expenditures claimed and must make them available at the time of an audit. Records relating to the
Implemented program include: expenditure ledger, payroll register entries, time sheets, paid warrants. contracts,
change orders, Invoices. and cancelled checkS. Records must be maintained for a period of three yurs from the date
of tinal payment by the State.
.
/?j -J('
Page 5
Administrative Procedures and Requirements
SAMPLE QUARTERLY PROGRESS REPORT
ATTACHMENT A
.
CITY OF EVERYTOWN
CONTRACT NO. UBG2-93.123-45
QUARTERLY PROGRESS REPORT
JULY - SEPTEMBER, 1994
TASK 1
PUBLIC EDUCATION & AWARENESS CAMPAIGN
1.1 Produce Brochure. First draft has been completed and a copy is enclosed for
CIWMB Used Oil Staffs review. We plan to print the brochures during the next
quarter. This task is on schedule with the program timeline.
1.2 Design stickers for collection containers - Stickers have been printed and we
are awaiting the shipment of containers. This task is on schedule.
1.3 Purchase and distribute collection containers to public - An order for 2,000
used oil collection containers has been placed and should be received by
October 10, 1994. Distribution will begin immediately at the City's used oil
collection center and also at the Chief Auto Parts and Jiffy Lube certified
collection centers. This task is on schedule.
.
1.4 Purchase display banners - Our program timeline indicated these banners
would be purchased during July, however, the company we had planned to
place the order with has suddenly gone out of business. We hope to be able
to find another company and place the order by November.
,.ASK 2
ESTABLISH CERTIFIED USED OIL COLLECTION CENTERS
2.1 Identify and contact businesses - Staff established a list of 28 businesses as
possible contacts (see attached list). Every business on the list has been
contacted and an appointment was made to meet wtth the ownerlmanager if
possible. Only three businesses were unwilling to meet with us, Jesse's Maxi-
Lube, Acme Lube and OU, and Sam's Service Station. During on-site meetings
we gave each business the CIWMB packet of information on certification and
explained how we'd assist with collection costs and would like them to
distribute the collection containers to the public. Since those meetings ABC Oil
has agreed to become a certified center and submitted their application to the
CIWMB. We are still working wtth the other companies and hope to have two
or three more certified by the next quarterly report. This task is on schedule.
.
JLj-~CJ
Administrative Procedures and Requirements
Page 6
City of Everytown
July - September Quarterly Report
_age 2
2.2 Assist firms to certify - Completed the forms for ABC Oil's certification
application and submitted them to the CIWMB. Will continue to offer this
assistance to other firms willing to certify. As stated above we believe that we
will have several others certified by the next quarterly report. This task is on
schedule.
TASK 3
PROVIDE INCENTIVES TO CERTIFIED COLLECTION CENTERS
3.1 Provide used oil collection - We have provided for used oil collection twice for
the Chief Auto Parts and the Jiffy Lube for a total of four collections. We will
be submitting the invoices for these collection with our first payment request.
We will continue providing this service and extend it to other businesses as
they become certified collection centers. This task is on schedule.
3.1 Contaminated load reimbursement. No contaminated loads have been
reported.
TASK 4
.
CONSTRUCT CITY USED OIL CCj>LLECTION CENTER
4.1 Pave collection area, fence. construct containment berm
4.2 Purchase and install 250 gal. used oil collection tank
No activity has taken place on this task. We anticipate work on these tasks to begin
in August 1995 as described in our program timeline.
Please note that this sample is only to provide a recommended format for the quarterly reports
end demonstrate the type of information that is required. H may be appropriate for grantees to
provide more informati~n on each task than what has been shown here due to space constraints.
.
;rf-t I
--- .-, -..-----..-
ATTACHMENT C
USED OIL RECYCLING BLOCK GRANT
Payment Request Fonn
\2. contract Number
UOBC . . _ -
~
~ ,. ..,,'~~
5. PAYMENT INFORMATION
I. TYPe of Payment (em"" bot):
a REIMBURSEMENT
a ArNANCE
a FINAL
b. Tatal crant Amount S
c. LtSS 10% Retention (paId upon completIOn of contractl S
d. GI'Int Funds Available After 10% Retention lb. minus c.l S
e. Funds Received to Date S
f. Available Funds (d. minus e.l S
g. Amount of Tnls ReQuest S
n. Remaining Funds After Tnls payment If. minus g.! S
THIS SECTION TO BE COMPlE'TiO BY ClWMB STAFF
,.,.,'
'it.LI. " fOr conllltlOnallll;IbIIltvRetentlon lIlald WIlen ellglbllllV Is mell
. }J. .~ent Of condltlOnll ElIlIlllllltV Retention
!'ll_aMoutn AIITHOItIZlD fIOIt PAY)l1IIT
s
S
$
.. SEND PAY WARRANT TO
Agency Nlme:
Street Address:
CltVlStatelZlP COde:
~t1on:
.-,........lIOH: , Wtlf'I rNt file -'KMI SIlIIlItUf'e of Per'IOn AUtIlOrtzed by ResolUtIon:
~ Is CIIlfNCt 11III rNt II ft.fIdS
.~,... ~ tit" be ~4etI"
~.N:8 wftft Cfte........'lWfJtJ ..___lint NIITlI & TltIe (l1pe 01 pltrO:
lot QlI(wmIIl.o."...r.4"" Date :
1IWY...tJTIIl'It ..mgrwlt fUdIII.
.
CAU'OllIIlA.......TID WAITI"~ ItOAItD WI GIlLY
aalfS'l"ltllCnONS ON IUVlltSE
/ f-/ - t.;2.
.
.
.
Exhibit List to Agreement
Exhibit A. Used oil recycling program ("Program")
Exhibit B: "Detailed Scope of Work for Chula Vista Nature Center"
Exhibit C; Administrative Procedures and Requirements
Page 10
jll- 7.;2-
lATE OF CALIFORNIA
STANDARD AGREEMENT
APPROVED BY THE
ATTORNEY GENERAL
(EXHIBIT A-I)
TD:2 (REV 5-91)
CONTR"'CT I>iUl,IIBER
...I.lNO
UOG2-94-140-37
T.....P...VER S FEDER..... E,,",PlC."ER'DENTIF'C...T,O"lN'Jl,IIBEIl
-HIS AGREEMENT_ made and entered int<lthis 30th day of June, 1995, 95 - 6000 - 690
tate of California, by anu between Slale of California, through Its uuly elected or appoinled, qualified and acting
TI OF OFFICER ACTING FOR STATE
Executive Director
~ONTRACTOR'S NAME
City of Chula Vista ' hereafter called the Contractor
.\'ITNESSETH:. That the, Contractor for and in consideration of the covenants, conditions, agreements. and stipulations of the State hereinafter expreso;,ed.
lot's hereby agree to furnish to the State services anu materials as follows: (Set forth service to be rendered by Contractor. amount to be paid Contractor,
one for ptrformance or completion. and attach plans and specifications. if any.)
AGENCY
CA Integrated Waste Management Board
. hereafter called the State, and
Contractor agrees to undertake and complete all necessary tasks to implement a local used oil collection program
as authorized by Public Resources Code ~48632(a) and as described in the Grantee's Local Government Used Oil
Opportunity Grant application.
The term of the agreement will be 21 months, commencing June 30,1995 and terminating on March 31,1997.
Contractor will be paid in accordance with Exhibil A and Exhibit B. The State will withhold 10% of the tOlal grant
award until completion of all work and other requirements to the satisfaction of the State in accordance with this
contract,
Exhibit A Terms and Conditions
Exhibit B Administrative Procedures and Requirements
.
.
~ONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT Nt:MBER
, ":r: ;'irovisions on the reverse Side hereof constitute a part of thIS agreemenl
, WITNESS WHEREOF. this agreement hRS been e~ecuted by !.he paTtleS hereto, upon the dale first above wnllen
STATE OF CALIFORNIA
CONTRACTOR
\r;\~(y
CA Integrated Waste Management Board
lIY I"UTlIORIZED SIGNHURE)
,.
'Ill' :Tn NAME OF PERSON WiNING
Ralph E. Chandler
111.l
Executive Director
\Mm'~T eN UMBERED BY THIS
IlOCUMENT
PROGRAM/CATEGORY (CODE AND TITLE)
Cit
276 Fourth Ave.
FUND TITLE
Mana er
CA Used Oil Recycling
ChuIa Vi ta 1
Department of General Sen.ices
Use On I)
o
$104,000,00
I'Rl0R "MOUNT ENCUMBERED FOR
rillS CONTR""
(OPTION"L USE)
ITEM
FISC"L YE"R
$ - 0-
'OTAL AMOUNT ENCUMBERED 0
'lATE
3910-101-100
OBJECT OF EXPENDITURE (CODE AND TITLE I
1994/95
$104,000.00 1100-51845-702
I hereby certify upon my own personal knowledge that budgeled fund!> are available for
riod and purpo!>e of the expenditure slaled above.
lJRE OF ActOUNTING OFF1CtR
,.
NO
o CONTRACTOR
o STAn: "GENCY
o Den 01 GEN S~R
o CONTROLLER
Ji~ ') ;;
o
S TAT EO F CALIfORNIA
PROCEDURES ANOREQUIREMENTS
.......LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANTS
SECOND CYCLE _i1995-1997
011 GrantlIProgram
aoo Cat Center Drive
Sacramento, CAIS828
. June 1115
JL/~ ?(
t:I'.Hltlll A-,t.
LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT PROGRAM
SECOND CYCLE - 1995-1997
. Administrative Procedures and Requirements
.
INTRODUCTION
These Administrative Procedures and ReqUirements for the Local Government Used Oil Opportunity Grant Program
(Opportun~y Grant) set forth the policies and procedures for administering the Opportunity Grant award made through
the Califomia Integrated Waste Management Board's (CIWMB) Used Oil Grant Program. This document, which is
incorporated by reference into the grant agreement, describes the administrative reporting requirements, instructions
for obtaining payment of the grant, and fiscal control procedures to be followed in implementing CIWMB funded
Opportunity Grant programs. Direct any questions regarding this document or the grant agreement to your CIWMB
Project Manager, or Patricia McDermott at (916) 255-2586.
ELIGIBLE PROGRAMS
It is the Grantee's responsibility to ensure all claimed costs are appropriate by reviewing all contract documents.
newsletters, and other information updates supplied by the CIWMB's Used Oil Program, and consulting with the
Grantee's CIWMB Project Manager All claimed costs to be funded by grant funds must be clearlv related to
imolernentation and ooeration of the oroDDsed used oil orOQram or the claim will not be considered or honored
A. ELIGIBLE COSTS
Opportunity Grant funding is for the establishment of new programs or the enhancement of existing programs that
encourage recycling or appropriate disposal of used lubricating oil. Grant awards will onlv fund activ~ies beaun on or
after June 30 1995 and comoleted bv March 31. 1997 Examples of the types of activities eligible for funding are
listed below:
. Establishment or expansion of regularly scheduled or on-call curbside collection of used oil (e.g., retrofitting of
vehicles for curbside collection of used oil)
.t Construction or improvement of permanent facilities for the collection of used oil (if other hazardous waste is
collected at the facility, only the portion relating to used oil will be funded)
.t Public education materials addressing the proper collection or disposal of used oil
.t Expansion of existing used oil collection programs
.t Assistance to a private entity for initial or ongoing expenses associated w~h offering free collection of used
lubricating oil to the public
.t Purchase of equipment and supplies for collection of used oil (i.e., curbside containers, oil test kits, etc)
.t Personnel expenses directly related to the proposed used oil grant
.t Tl'lIvel expenses directly related to the implementation of the proposed used oil collection program
.t Used oil disposal costs
.t Storm drain stencilling (grant will fund up to 30% of costs)
.t The used oil expenses of an HHW mobile, permanent, or one-day event collection program
. Used oil collection facilities at marinas
.t Staff training directly related to the implementation of the proposed used oil program
/1/- 75
Second Cycle Opportunity Grant - Administrative Procedures and RequirementS
. -;:;:1- -
B. INEl.IGIBLF. COSTS
Any cost not directly related to the implementation of the proposed used oil program will not be funded These include
~re not limited to the following costs:
"Any costs for services rendered or goods purchased prior to June 30, 1995
X Any costs for services rendered or ooods purchased after March 31,1997. An invoice dated after March 31,1997
can be honored if it ~ shows the services were rendered during the grant term
X Any portion of a program currently funded by a CIWMB loan or grant program
X Overtime casts (except for local govemment staffing during evening or weekend events when law or labor
contracts REQUIRE overtime compensation)
X Cleanup of oil spills on public or private property
X Enforcement activities (does not include staffing costs for certified center compliance)
X The local govemment's overhead or indirect costs
X Computer hardware or software
x Office supplies
X Underground storage tanks
X Feasibility or planning studies
. Programs clearly not cost effective
X Travel expenses not directly related to the implementation of the used oil program. Mileage expenses may not
exceed $0.24 per mile Per diem may not exceed $79.00 plus tax per night for lodging. and meal allowances may
not exceed $5.50 for breakfast, $9.50 for lunch, and $17.00 for dinner during a trip of 24 hours or longer
X Any food or beverages (i.e., as part of meetings. workshopS, training. etc)
X Public education or promotional materials that promote one privately operated collection center to the exclusion of
others in the area
X Equipment or other materials that are not primarily used to implement the used oil program
X purchase or retrofitting of vehicles for any activities other than for curbside used oil collection
X Any direct financial assistance to a collection center (e.g.. collection tanks, collection costs) that does not accept
oil from the publiC for free
X Staff training not directly related to the implementation of the proposed program
X Any costs for promoting the registration pf industrial generators or for establishing and/or maintaining industnal
generator status
X Purchase of rerefined lubricating oil.
.
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Second Cycle Opportunity Grant - Administrative Procedures and Requirements
,",age"
PROGRESS REPORTS
The Grantee must submit a Progress Report with each Payment Request If no Progress ReporVPayment Request
t been submitted by December 31,1995, the Grantee must lubmit a PrOGress Report bv January 15. 1996,
ering progress during the first six months of the grant term. In addition, if no Progress Reports/Payment Requests
ve been submitted between January 15, 1996 and July 30, 1996, the Grantee must submit a ProGress ReDort bv
AUGust 15. 1996. covering progress during those six months. The CIWMB Project Manager may request a Progress
Report from a Grantee at any time, and has authority to immediately suspend or terminate the agreement if progress
is unsatisfactory.
Grantees should use a format similar to the sample found in Attachment A of this document. Each Progress Report
shall include the following information:
. Address each task in the 'Work Statement" as set forth in the contract describing in detail all work completed since
the previous Progress Report. This description should also discuss what products or results have been achieved
and mention any problems or other special situations encountered.
A brief discussion of anticipated accomplishments for the next reporting period.
.
five (5) copies of all final public education, advertising, or promotional materials purchased and/or distributed With
grant funds (if not previously submitted).
.
final copies of any request for proposals, invitations for bid, contracts, or other agreements or solicitations initiated
as a result of the grant award Grantees are encouraged, but not required, to submit drafts of these documents to
their CIWMB Project Manager for comment.
PUBLICITY AND ACKNOWLEDGEMENT
~e purpose of this grant is to ensure the widest possible collection of used oil Therefore, public education or
.,motional matenals must not advertise one privately operated used oil collection center to the exclusion of others
The Grantee must submit to the CIWMB Project Manager copies of draft publiC education, advertising, or promotional
materials Thes materials are sub'ect t h review and a roval of tll CIWMB Pro' ct Mana er ri r t ublicatlon
or distribution The CIWMB Project Manager will review these materials to ensure they: 1) do not provide informatIOn
in conflict with state or federal regulations, 2) properly acknowledge Board funding, and 3) are eligible for full or partial
reimbursement. At least 75% of a public education/promotion piece must be devoted to used oil to be considered for
full funding
The Grantee must acknowledoe the Califomia Inteorated Waste Manaoement Board's SUDoort whenever projects
funded by this agreement, in whole or in part, are publicized in any news media, brochures, promDtional materials. or
any other type of print or visual media Vehicles or other large pieces of equipment purchased with grant funds must
have a sign attached indicating it was purchased with CIWMB grant funds and preferably using the "used oil drop"
logo. Such signs are available from the CIWMB at no cost; or the Grantee, with their C1WMB Project Manager's
approval, may develop their own sign.
GRANT PAYMENTS
A complete Payment Request must Include the following documents:
.
A completed Pavment Reouest Form (Attachment C) signed by the individual named in the resolution authorizing
submittal of the grant;
.
An Itemization of expenditures using the Budget Summary categories described in Section B "Submittal of
Payment Requests",
.
Documentation supporting all claimed expenditures (e.g,invoices, receipts, cancelled checks, etc); and.
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Second Cycle Opportunity Grant. Administrative Procedures and Requirements
Page 5
. A proaress Reoort detailing the grant activities that have occurred since the last Progress Report
A GENERAL REQUIREMENTS
_. The State shall reimburse the Grantee for performing only those services clearly related to used oil as
specified in the Opportunity Grant Application and instructions, the contract Terms and Conditions, and the
Opportunity Grant Administrative Procedures and Requirements. Anv deviations from the use of funds
cified in the Iication mu t be a roved b th Pro'ect Mana er bef re an x nditure f r that item IS
made.
-
2. To receive payment the Grantee must submit a Payment Request Form and supporting documentation as
described in Section B "Submittal of Payment Request". Payment Requests should be submitted for a
minimum of $1,000 in documented expenditures. pavments to the Grantee shall normallv be made In arrears
3. Payment will be made to the Grantee only. It will be the responsibility of the Grantee to pay all contractors
and subcontractors for purchased goods and services.
4.
5. Requests for advance payment must be submitted in writing to the CIWMB Project Manager and demonstrate
the Grantee's need for advance payment and that a sceciflC expenditure(s) will be incurred prior to or shortly
after payment from the CIWMB Suggested documentation includes purchase orders, bids, etc The CIWMB
Project Manager may partially or fully deny advance Payment Requests Advance payment is not encouraged
and generally provided only for startup costs
B. SUBMmAL OF PAYMENT REQUESTS
Payment Requests must include an Itemization of all expenses by Budget Summary categories as described
below. The Grantee should use a format similar to the sample itemization found in Attachment B of thiS
document.
. Curbside Collection . Include any costs for establishing or continuing a curbside used oil collection
program. such as curbside containers, retrofitting of a collection truck, city/county staff time,
contractor/consultant costs, disposal costs, etc.)
. Certified Collection Center{s) . Include expenses for establishing or enhancing collection services at a
certified used oil cOllection center, such as collection tanks, testing equipment, disposal costs, city/county
staff time, contractor/consultant costs, etc. This category also includes expenses for providing assistance
to privately operated certified center(s) in the form of equipment, disposal cost subSidies, underwriting
costs for contaminated loads, providing technical assistance, etc.
. Permanent Non-c:ertlfied Collection Center{s) . Include expenses for establishing or enhancing collection
services at any permanent, non-c:ertified used oil collection site or the used oil portion of a permanent
hOUHhold hazardous waste site. These expenses may include collection tanks, testing equipment,
disposal costs, staff time, etc. This category also includes expenses for providing assistance to privately
operated used oil collection center(s) in the form of equipment, disposal cost subsidies. underwriting costs
for contaminated loads, providing technical assistance, etc. please note that these centers must accept
used oil from the Dubhe at no charae.
. Temporary/Mobile Collection . Include expenHs only for the used oil portion of household hazardous
waste collection events or mobile programs and clearly show how these costs were determined
. School Education Program(s). Include expenses for developing and implementing used oil education
and awareness programs at elementary and secondary schools, colleges, trade schools, universities, etc
. Public Education. Include any expenses for develOping, printing, and distributing publiC education
.1
.
;t1 -7 Y
Second Cycle Opportunity Grant - Administrative Procedures and Requirements
rCl~t:; v
materials that encourage the appropriate disposal of used oil (except for school education programs)
Include costs for promoting used oil collection centers and curbside programs
.
Other Costs _ Include any other costs that cannot be assigned to other budget categories This category
should be minimized in favor of the other categories
.
2. Payment requests must include documentation supporting the claimed expenses (Le, legible copies of
receipts, invoices, cancelled checks, time logs, etc.). Suooortina documents must contain sufficient information
to establish ourchases made or costs incurred are eliaible for oavment. At a minimum, the documentation
should include the name ofthe business, the item(s) purchased, amount, and date of purchase for the
expense. An invoice dated after March 31, 1997 can be honored if it ~ shows the services were fully
rendered during the grant term. Purchase orders will not be acceoted as aoorooriate documentation of
exoenses
3. All personnel expenditures must be computed on actual time spent on grant-related activities. These
expenditures should be broken out by the classificatlon(s) of the employee(s), the hourly wage, fringe benefits
rate, and number of hours worked on grant activities, for calculating total personnel expenses for each
employee. Documentation for local govemment staff Personnel Costs should consist of a formal or informal
time log signed by the employee's supervisor showing the employee's name, classification, and dates and
number of hours worked each day on Opportunity Grant activities Grantees must also provide a time log for
any staff time claimed by a contractor/consultant indicating the date, activity, and number of hours worked
Contractor site visits of 1 hour or longer must also include the location/business and person(s) contacted
C, MAIL PAYMENT REQUESTS TO YOUR CIWMB PROJECT MANAGER AT THE FOLLOWING ADDRESS:
California Integrated Waste Management Board
Used Oil Grant Program
8800 Cal Center Drive
Sacramento, CA 95826
.0
RELEASE OF FUNDS
1. The CIWMB Project Manager will review and approve all Payment Requests before payment is made The
CIWMB Project Manager will only process a Payment Request when the Grantee has submitted all required
Progress Reports and the CIWMB Project Manager has determined them to be satisfactory.
2. The State shall make payment to the Grantee as promptly as fiscal procedures permit. After all CIWMB staff
approvals have been obtained, Payment Requests will be forwarded to the State Controller's Office for
issuance of pay warrants. Grantee's can typically expect payment within 45 calendar days from the date a
Payment Request is approved by the CIWMB Project Manager.
3. The CIWMB Project Manager will release the ten percent (10%) retention upon receipt and approval of the
Final Report and final Payment Request.
GRANT CLOSURE
The C1WMB Project Manager will close out the grant when a Final Report and Payment Request are submitted and It
is determined that all applicable administrative actions and all required tasks of the grant have been completed
A. Receipt and approval of the Final Report by the CIWMB project Manager is mandatory for the Grantee to receive
final payment of the grant award. This report is a work product and as such a condition of the grant agreement
is ort must be rec Iv d b th Po. t an.r A rll 15 1 970 If requested, the Grantee shall make
an oral presentation to the California Integrated Waste Management Board The Final Report must be prepared in
the format specified below .
.
1. A Table of Contents with all pages in the report numbered
Jv/~7 J
Second Cycle Opportunity Grant - Administrative Procedures and Requirements
rg~~ '
2. Provide a summary of the objectives of the entire grant project and how these objectives were accompilshed
A list of used oil recycling opportunities (eg., certified centers, non-certified centers, mobileltemporary
collection events, curbside programs) that were established as a direct result of this grant and who was
responsible for implementing the program, Le., the citylcounty or a contractor
3.
.
4. How many gallons of oil were collected in the jurisdiction during the term of this grant? How does this
compare to used oil collection prior to the grant?
5. What is the Grantee's intent to maintain or further develop the used oil program?
6. Provide a description of aspects of the program that you feel were successful. i.e, produced a significant
increase in the amount of oil collected, the number of public inquiries, or enhanced overall community
awareness. Were these aspects cost effective? Would they be worth doing again? Also describe program
elements that were less effective and that you would not recommend to others. Provide an honest
assessment of these less effective elements so that the CIWMB can advise future Grantees on programs that
are effective or why some programs may not be effective.
7. Provide a list of contractors and subcontractors that were used to perform any aspect of this grant including
their name, address, phone number, concise statement of work done.
B. The Grantee must submit a Final Report, a Payment Request and all outstanding documentation of expenses
incurred that are required as a condition of the grant Upon receipt of the Final Report, the CIWMB Project
Manager shall ensure that all work has been completed and that all unexpended funds are refunded to the State
If appropriate, a check from the Grantee made payable to the State will be due within 60 calendar days after the
grant project is closed Following the CIWMB Project Manager's approval of the Final Report and Payment
Request. the ten percent (10%) retention of the grant funds, as well as any other grant funds due and owing will
be released to the Grantee. The Final Re ort end pa men Ruest mus submitted b A ril15 1997 in
. rder for a ment to b m de befor th rant funds terminate on J ne 30 1997.
AUDIT REQUIREMENTS
This grant is subject to a desk and lor field audit The CIWMB must have access to all related records dunng progreSs
of the project and for at least three (3) years after termination of the grant (until March 31. 2000). The Grantee IS
responsible for maintaining source documents substantiating the expenditures claimed and must make them available
at the time of an audit Records relating to the implemented program include, but are not limited to expenditure
ledger, payroll register entries, time logs, paid warrants, contracts, change orders, invoices, and cancelled checks
FAILURE TO COMPLY
Failure to comply with the reporting requirements specified above may result in termination of this agreement or
suspension of any or all outstanding Payment Requests until such time as the Grantee has satisfactoriiy completed the
!eporting provisions
EXCEPTIONS
During the performance of this grant, if a Grantee finds they are unable to fulfill a requirement(s) of these
Administrative Procedures, a !equest for an exception to the specific requirement(s) must be submitted in writ'">! and
provide a justification for the !equest The request will be reviewed and a determination made by the C1WMB within 10
working days from the date of receipt Submit requests to:
.
Branch Manager
Used Oil & HHW Branch
Califomia Intesrated Waste Management Board
8800 Cal Center Drive
Sacramento, CA 95826
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Second Cycle Opportunity Grant - Administrative Procedures and Requirements
Page 3
SAMPLE PROGRESS REPORT
ATTACHMENT A
.
CITY OF GRANTOILLE
CONTRACT NO. UOG2-94-123-45
PROGRESS REPORT
JUNE 30 - NOVEMBER 15, 1995
TASK 1
PUBLIC EDUCATION & AWARENESS CAMPAIGN
1.1 Produce brochure - First draft has been completed and a ccpy is enclosed for
CIWMB Used Oil Staffs review. We plan to print the brochures during the next
quarter. This task is on schedule with the program timeline.
1.2 Design stickers for collection containers - Stickers have been printed and we
are awaiting shipment of containers. This task is on schedule.
1.3 Purchase and distribute collection containers to the public - An order for 7,000
used oil collection containers has been placed and should be received by
December 10, 1995. Distribution will begin immediately at the City's used oil
collection center and also at the Chief Auto Parts and Jiffy Lube certified
collection centers. This task is on schedule.
.
1.4 Purchase display banners. We had planned to purchase these banners during
July; however, the company we had planned to place the order with has
suddenly gone out of business. We hope to be able to find another company
and place the order by January 1996.
TASK 2
ESTABLISH CERTIFIED USED OIL COLLECTION CENTERS
.
2.1 Identify and contact businesses - Staff established a list of 28 businesses as
possible contacts (see attached list). Every business on the list has been
contacted and an appointment was made to meet the owner/manager if
possible. Only three businesses were unwilling to meet with us, Jesse's Maxi.
Lube, Acme Lube and Oil, and Sam's Service Station. During on-site meetings
we gave each business the CIWMB packet of information on certification and
explained how we'd assist with collection costs and would like them to
distribute the collection containers to the public. Since those meeting ABC Oil
has agreed to become a certified center and submitted their application to the
CIWMB. We are still working with the other companies and hope to have two
or three more certified by the next Progress Report. This task is on schedule.
2.2 Assist firms to certify - Completed forms for ABC Oil's certification application
and submitted them to the CIWMB. Will continue to offer this assistance to
other firms willing to certify. As stated above we believe that we will have
several others certified by the next Progress Report. This tas,," is on schedule.
/ L! ~g"1
Second Cycle Opportunity Grant - Administrative Procedures and Requirements
Page 4
City of Gran'.oille - Progress Report
June 30 - November 15. 1995
.e2
TASK 3
PROVIDE INCENTIVES TO CERTIFIED COLLECTION CENTERS
3.1 Provide used oil collection - We have provided for used oil collection twice for
Chief Auto Parts and the Jiffy Lube for a total of four collections. We will
continue providing this service and will extend it to other businesses as they
become certified used oil collection centers. This task is on schedule.
3.2 Contaminated load reimbursement - No contaminated loads have been
reported.
TASK 4
CONSTRUCT CITY USED OIL COLLECTION CENTER
4.1 Pave collection area, fence. construct containment berm
4.2 Purchase and install 250 gal. used oil collection tank
No activity has taken place on this task. We anticipate work on these tasks to begin
in August 1996 as described in the program timeline.
.
Please note that this sample is only to provide a recommended format for the Progress Reports
and demonstrate the type of information that is required. It may be appropriate for Grantees to
provide more information on each task than what has been shown here due to space constraints.
.
JlI-IJd-
Second Cycle Opportunity Grant - Administrative Procedures and Requirements
Page 5
SAMPLE PAYMENT REQUEST ITEMIZATION
ATTACHMENT 8
.
CITY OF GRANTOILLE
UOG2-94-123-45
PAYMENT REQUEST ITEMIZATION
June 30 . November 15, 1995
CERTIFIED COLLECTION CENTER(S)
"'Waste Management Specialist I - 60 hrs. @ $18.50 hr. & 32% benefits
"'Waste Management Specialist II - 20 hrs. @ $22.38 hr. & 32% benefits
.Clerical - 24 hrs. @ $13.25 hr. & 32% benefits
..Used oil transportation & disposal - 4 pickups @ $50 per pickup
Subtotal
$1,465
591
420
$ 200
$2.676
PUBLIC EDUCATION
"'Waste Management Specialist I - 32 hrs. @ $18.50 hr. & 32% benefits
..Printing of stickers for used oil containers - 7,000 @ 35~ each.
. Subtotal
$ 781
2450
$3,231
TOTAL EXPENSES
$5,907
. 'Copy of time sheetsltime logs attached, with used oil grant time highlighted
-Copy of invoice attached, claimed expenses are highlighted
.
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Second Cycle Opportunity Grant - Administrative Procedures and Requirements
Page 6
PAYMENT REQUEST FORM
ATIACHMENT C
e
The Payment Request Form is in the process of being revised and will be mailed to you along with
a copy of the fully executed Standard Agreement.
.
.
/ V -J>1'
EXHIBIT A
California Integrated Waste Management Board
Used Oil Grant Program
.
Terms and Conditions
Pureose. The purpose of this agreement is to establish the terms and conditions of the Used Oil Opportunity Grant
pefinitions In interpreting this agreement, the following terms will have the meanings given to them below, unless the
context clearly indicates otherwise.
A. "Board" will mean the Califomia Integrated Waste Management Board
B. "Executive Directo(' will mean the Executive Director of the Califomia Integrated Waste Management
Board, or his/her designee
C. "State" will mean the State of Califomia, including but not limited to, the Califomia Integrated Waste
Management Board and/or its designated officer
D. "Grantee" will mean the recipient of funds pursuant to this Agreement
E. "Program Manage(' will mean the Board staff person responsible for monitoring the grant
Audit The Grantee agrees that the Board, the State Controller's Office and the State Auditor General's Office, or their
~esignated representatives, will have an absolute right of access to an of the Grantee's records pertaining to the
agreement to conduct reviews and/or audits Grantee's records pertaining to the agreement, or any part thereof
requesteci, will be made available to the designated auditor(s) upon request for the indicated reviews and/or audits
Such records will be retained for at least three (3) years after expiration of the agreement, or until completion of the
action and resolution of all issues which may arise as a result of any litigation, claim, negotiation or audit, whichever is
.er
.,. an audit reveals the Board funds are not being expended, or have not been expended in accordance with the
agreement, the Grantee may be required to forfeit the unexpended portion of the funds and/or repay the Board for any
improperly expended monies.
Druo-Free Worltolace Certification.. The Grantee, by signing this agreement, certifies compliance with Govemment
Code Section 8355 in matters relating to providing a drug-free workplace The Grantee will
A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited and specifying actions to be taken against
employees for violations, as required by Govemment Code Section 8355(a)
B, Establish a Drug-Free Awareness program as required by Govemment Code Section 8355(b), to
inform employees about all of the following: <a) the dangers of drug abuse in the worltplace, (b) the
Grantee's policy of maintaining a drug-free worltplace, (c) any available counseling, rehabilitation and
employee assistance programs, and (d) penaltieS that may be imposed upon employees for drug
abuse violations,
C, Provide as required by Govemment Code Section 8355(c), that every employee who worlts on the
proposed grant: <a) will receive a copy of the company's drug-free policy statement, and (b) will agree
to abide by the tenms of the company's statement as a condition of employment on the grant. The
person signing this grant on behalf of the Grantee swears that he/she is authorized to legally bind the
Grantee to this certification and makes this certification under penalty of perjury under the laws of the
State of Califomia,
.National Labor Relations ElOllrd Certification ,The Grantee, by signing this agreement, swears under penalty of perjury
that no more than one fir,al unappealable finding of contempt of court by a Federal court has been Issued against the
contractor within the immediately preceding two-year period because of the Grantee's failure to comply with an order
of a Federal Court which orders the Grantee to comply with an order of the National Labor Relations Board
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Used Oil Grant Terms and Conditions
Page 2
Availability of Funds The Board's obligations under this agreement are contingent upon and subject to the availability
of funds appropriated for this grant
ment The Budget states the maximum amount of allowable costs for each of the tasks identified in the Work
tatement The Board will reimburse the Grantee for performing only those services specified In the Work Statement
and presented on the payment request.
In the event the Grantee's projection of costs indicates a need to revise the Budget, the Grantee will notify the Board
within ten (10) working days of the discovery of need for revision.
Entire Aoreement. This agreement supersedes all prior agreements, oral or written, made with respect to the subject
hereof and, together with the Attachments hereto, Grantee's application and supplemental information generated
pursuant to the grant agreement contains the entire agreement of the parties.
Failure to Comolete Proiect. Given that the benefit to be derived by the Board from the full compliance by the Grantee
with the terms of this grant is the investigation and application of technologies, processes, and devices which support
reduction, reuse and/or recycling of wastes, should the Grantee fail to complete the project, the Board will only
reimburse the Grantee for the work performed under the grant which resulted in either information, a process, usable
data, or a partial product which can be used to aid in reduction, reuse and/or recycling of waste as determined by the
Program Manager.
Communications All official communication from the Grantee to the Board will be directed to the Grantee's assigned
Used Oil Grant Program Manager, California Integrated Waste Management Board, 8800 Ca' Center Drive,
Sacramento, CA 95826. All formal notices required by this agreement will be given in writing and sent by prepaid
mail, by personal delivery, or by FAX followed by an original.
Confidentiality/Public Records. Th~ Grantee and the Board understand that each party may come into possession of
information and/or data which may be deemed confidential or proprietary by the person or organization fumishing the
"'formation or data. Such information or data may be subject to disclosure under the California Public Records Act,
~mmencing with Government Code Section 6250. The Board agrees not to disclose such information or data
fumished by the Grantee and to maintain such information or data as confidential when so designated by the Grantee
in writing at the time it is fumished to the Board, only to the extent that such information or data is exempt from
disclosure under the California Public Records Act.
Publicitv and Acknowledaement. The Grantee agrees that it will acknowledge the Board's support each time projects
funded, in whole or in part, by this agreement are publicized in any news media, brochures, or other type of
promotional material.
Ownershio of Drawinos. Plans and Soecifications The Board will have separate and independent oWnership of all
drawings, design plans, specifications, notebooks, tracings, photographs, negatives, reports, findings,
recommendations, data and memoranda of every description or any part thereof, paid for in any part with grant funds.
and copies thereof will be delivered to the Board upon request. The Board will have the full right to use said copies In
any manner when and where it may determine without any claim on the part of the Grantee, its vendors or
subCOntractors to additional compensation.
Coovriohts and Trademarks. The Grantee assigns to the Board any and all interests and rights to copyright or
trademark any material created or developed with grant funds. This assignment is valid if any portion of the creation
or development of a copyright or trademark is paid for with funds granted by the Board. Upon written request by the
Grantee the Board may, at the Board's option, give express written consent to the Grantee to retain all or any part of
the ownership of these rights.
As used herein, "copyrightable material" includes all materials which may be copyrighted as noted in Title 17, United
States Code, Section 102, as follows: 1) literary works, 2) musical works, including any accompanying words. 3)
.. dramatic works, including any accompanying music, 4) pantomimes and choreographic works, 5) pictorial, graphic
.:1d sculptural works, 6) motion pictures and other audiO Visual works, and 7) sound recordings. As used herein,
"trademarkable materiaf' means any material which may be registered as a trademark, service mark or trade name
under the California Trademark Law, cited at Business and Professions Code (B&PCj Sections 14200-14342
"Trademark" is defined by B&PC Section 14207. "~rvice mark" is defined by B&PC Section 14206 "Trade name" is
defined by B&PC Section 14208.
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Used Oil Grant Terms and Conditions
Patents The Grantee assigns to the Board all rights. title and interest in and to each invention or discovery that may
be capable of being patented. that is conceived of or first actually reduced to practice in the course of or under this
ieement. or with the use of any grant funds Upon written request by the Grantee the Board may, at the Board's
'on. give express written consent to the Grantee to retain all or any part of the ownership of these rights
~uccessors and Assions The provisions of the agreement will be binding upon and inure to the benefit of the Board
and the Grantee and their respective successors and assigns
iscre iona Termination or A si nment f A reement The Board will have the right to terminate this agreement at
its sole discretion at any time upon 30 days' written notice to the Grantee. In the case of early termination, a fmal
payment will be made to the Grantee upon receipt of a financial report and invoices covering costs incurred prior to
termination. and a written report describing all work performed by the Grantee to date of termination
Stoo Work Notice Immediately. upon receipt of a written notice to stop work, the Grantee will cease all work under
the agreement
pisoutes If for any reason the Grantee and the Executive Director cannot reach mutual agreement. the Grantee may
refer the dispute to the Board for final resolution.
RemedieS Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to. and not
in limitation of, other rights and remedies under the agreement. at law or in equity, and exercise of one right or remedy
will not be deemed a waiver of any other right or remedy.
~verabilitv If any provisions of this agreement are found to be unlawful or unenforceable, such provisions will be
voided and severed from this agreement without affecting any other provision of the agreement To the full extent
however, that the provisions of such applicable law may be waived" they are hereby waived. to the end that the
agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms
_.orce Maieure Neither the Board nor the Grantee. including the Grantee's contractor(s). if any. will be responSible
ereunder for any delay, default or nonperformance of this agreement. to the extent that such delay, default or
M"I.'lerformance is caused by an act of God. weather. accident. labor strike. fire, explosion. riot. war. rebelhon
sill' .1e, or flood. or any other cause beyond the reasonable control of such party
90ntrvi::nc '3W All questions conceming the validity and operation of the agreement and the performance of the
obhgations iT,: osed upon the parties hereunder will come within the jurisdiction of and be govemed by the laws of the
State of California
Comoliance. The Grantee shall comply fully with all applicable federal. state and local laws, ordinances, regulations
and permits. The Grantee must provide evidence that all local. state and/or federat permits. licenses. registrations.
and approvals for the proposed project have been secured and shall maintain compliance with such requirements
throughout the grant period. The Grantee shall ensure that the requirements of the Califomia Environmental Quahty
Act are met for any permits or other requirement necessary to carry out the terms of this agreements Any deviation
from these stated requirements will result in non-payment of grant funds.
Eauicment and Sucolies subject to the obligations and conditions set forth in this section. title to equipment and
supplies acquired under a grant will vest upon acquisition in the Grantee.
~ Equipment and supplies shall only be used by the Grantee in the program for which it was acquired as long as
needed. whether or not the program continues to be supported by Board funds.
Insurance. The Grantee shall obtain. and keep in force for the term of this agreement. and require its contractors to
obtain and keep in force. the following insurance policies which cover any acts or omissions of the Grantee. or its
employees. engaged in the provision of service specified in this agreement Proof that the following insurance is In
place shall be submitted to the Board prior to the awarding of the grant
Worker's Compensation Insurance in accordance with the stato.jtory requirements of the State where the work is
performed
.
1.
2 comprehensive personal injury liability insurance. including coverage of owned, hired and nonowned automobiles
J?/-t'?
Page 4
Used Oil Grant Terms and Conditions
3. comprehensive property damage liability insurance, including coverage of owned, hired and nonowned
automobiles
tit Equipment and motor vehicle coverage at a level sufficient for replacement of property acquired under this
agreement
5. Insurance coverage required for program implementation pursuant to Title 22, California Case of Regulations,
Section 67027.
Hold Hanmless
A. Grantee agrees to waive all claims and recourse against the State including the right to contribution for
loss or damage to persons or property arising from, growing out of or in any way connected with or
incident to this agreement This waiver extends to any loss incurred due to any product, structure or
condition created pursuant to, or as a result of the grant agreement
B. Grantee agrees to indemnify, hold hanmless and defend the State, its officials, officers, agents and
employees against any and all claims, demands, damages, costs, expenses. or liability cost arising out
of the activities undertaken, product, structure or condition created pursuant to, or as a result of thiS
grant agreement
Nondiscrimination Clause (OCP. 2)
1.
During the perfonmance of this grant, the Grantee, contractor and its subcontractors will not deny the grant's
benefits to any person on the basis of religion, color, ethnic group identification. sex, age, physical or mental
disability, nor will they discriminate unlawfully against any employee or applicant for employment because of race,
religion, color, national origin. ancestry, physical handicap, mental disability, medical condition. marital status, age
or sex. Grantee will ensure that the evaluation and treatment of employees and applicants for employment are
free of such discrimination
Grantee will comply with the provisions of the Fair Employment and Housing Act (Govemment Code, Section
12900 ~). the regulations promulgated thereunder (California Administrative Code. Title 2, Section 7285 0 et
sea.), the provisions of Article 95, Chapter 1, Part 1, Division 3, Title 2 of the Govemment Code (Govemment
Code, Sections 11135 _ 11139.5) and the regulations or standards adopted by the awarding State agency to
implement such article
Grantee and any subcontractors will give written notice of their obligations under this clause to labor organizations
with which they have a collective bargaining or other agreement
Grantee will include the nondiscrimination and compliance provisions of this clause in all contracts and
subcontracts to perfonm work under the grant
.
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Used Oil Opportunity Grant. '995/97
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c.^nICt I ,..,...~--
California Integrated Waste Management Board
Used Oil Grant Program
Terms and Conditions
~ The purpose of this agreement is to establish the terms and conditions of the Used Oil Block Grant
Definitions In interpreting this agreement, the following terms will have the meanings given to them below, unless the
context clearly indicates otherwise.
A. "Board" will mean the Califomia Integrated Waste Management Board.
B. "Executive Director" will mean the Executive Director of the Califomia Integrated Waste Management
Board, or his/her designee.
C. "State" will mean the State of Califomia, including but not limited to, the Califomia Integrated Waste
Management Board and/or its designated officer.
D. "Grantee" will mean the recipient of funds pursuant to this Agreement.
E. "Program Manager" will mean the Board staff person responsible for monitoring the grant
!!.!l!iL The Grantee agrees that the Board, the State Controller's Office and the State Auditor General's Office, or their
designated representatives, will have an absolute right of access to all of the Grantee's records pertaining to the
agreement to conduct reviews and/or audits. Grantee's records pertaining to the agreement, or any part thereof
requested, will be made available to the designated auditor(s) upon request for the indicated reviews and/or audits
Such records will be retained for at letst three (3) years after expiration of the agreement. or until completion of the
action and resolution of all issues which may arise as a result of any litigation, claim, negotiation or audit, whichever is
later.
An audit reveals the Board funds are not being expended, or have not been expended In accordance with the
Weement, the Grantee may be required to forfeit the unexpended portion of the funds and/or repay the Board for any
improperly expended monies.
Drua-Free Worl<olace Certification The Grantee, by signing this agreement, certifies compliance with Govemment
Code Section 8355 in matters relating to providing a drug-free workplace The Grantee will
A. Publish a statement notifying employees that unlawful manufacture. distribution, dispensation,
possession, or use of a controlled substance is prohibited and specifying actions to be taken against
employees for violations, IS required by Govemment Code Section 8355(a).
B. Establish. Drug-Free Awareness Program as requirad by Govemment Code Section 8355(b). to
inform employees lbout an of the following: (I) the dangers of drug abuse in the workplace, (b) the
Grantee's policy of maintaining a drug-free workplace, (c) any aVlilable counseling, rehabilitation and
employee Hsistance programs, and (d) penalties that may be Imposed upon employees for drug
abuse violations.
C. Provide H ,.quired by Govemment Code Section 8355(c), that every employee who worl<s on the
proposed grant: (I) will receiva . copy of the company's drug-tree policy statement, Ind (b) will agree
to abide by the terms of the company's statement IS I condition of employment on the grant. The
person signing this grant on behalf of the Grantee swalrs that he/she is authorized to legally bind the
Grantee to this certiflCltion Ind makes this certification under penalty of perjury under the laws of the
State of Califomia.
tllational Labor Relations Board Certification. The Grantee, by signing this agreement. swears under penalty of perjury
~at no more than one final unappealable finding of contempt of court by I Federal court has been Issued against the
.ntractor within the immediately preceding two-year period because of the Grantee's failure to comply with an order
of a Federal Court which orders the Grantee to comr>ly with an order of the Nationai Llbor Relations Board
/~-~~
Used Oil Grant Terms and Conditions
Page 2
Availabilitv of Funds The Board's obligations under this agreement are contingent upon and subject to the availability
of funds appropriated for this grant.
~ The Budget states the maximum amount of allowable costs for each of the tasks identified in the Work
watement. The Board will reimburse the Grantee for performing only those services specified in the Work Statement
and presented on the payment request.
\
In the event the Grantee's p!ojection of costs indicates a need to revise the Budget, the Grantee will notify the Board
within ten (10) working days of the discovery of need for revision,
Entire Aareement. This agreement supersedes all prior agreements, oral or written, made with respect to the subject
hereof and, together with the Attachments hereto, Grantee's application and supplemental information generated
pursuant to the grant agreement contains the entire agreement of the parties,
Failure to Comolete Proiect Given that the benefit to be derived by the Board from the full compliance by the Grantee
with the terms of this grant is the investigation and application of technologies, processes, and devices which support
reduction, reuse and/or recycling of wastes, should the Grantee fail to complete the project, the Board will only
reimburse the Grantee for the .work performed under the grant which resulted in eijher information, a process, usable
data, or a partial product which can be used to aid in reduction, reuse and/or recycling of wlste as determined by the
Program Manager.
Communications All official communication from the Grantee to the Board will be directed to the Grantee's assigned
Used Oil Grant Program Manager, Califomia Integrated Waste Management Board, 8800 Cal Center Drive,
Sacramento, CA 95826. All formal notices required by this agreement will be given in writing and sent by prepaid
mail, by personal delivery, or by FAX followed by an original.
ConfidentialitvlPublic Records The Grantee and the Board understand that each party may come into poSSltSSIOn of
information and/or data which may be deemed confidential or proprietary by the person or organization fumishing the
~ormation or data Such information or data may be subject to disclosure under the Califomia Public Records Act,
mmencing wijh Govemment Code Section 6250. The Board agrees not to disclose such information or data
umished by the Grantee and to maintain such information or data as confidential when so designated by the Grantee
in writing at the time ij is fumished to the Board, only to the extent that such information or data is exempt from
disclosure under the Califomia Public Records Act.
PublicitY and Acknowledaement. The Grantee agrees that ij will acknowledge the Board's support each time projects
funded, in whole or in part, by this agreement are publicized in any news media, brochures, or other type of
promotional material.
Ownershio of Drawinas Plans and Soecifications The Board will have separate and independent ownership of all
drawings, design plans, specifications, notebooks, tracings, photographs, negatives, reports, findings,
recommendations, data and memoranda of every description or any part thereof, paid for in any part with grant funds.
and copies thereof will be delivered to the Board upon request. The Board will have the full right to use said copies in
any manner when and where it may determine without any claim on the part of the Grantee, Its vendors or
subcontractors to additional compensation.
Coovriahts and Trademarks. The Grantee assigns to the Board any and all interests and rights to copyright or
trademark any material created or developed with grant funds. This assignment is valid If any portion of the creation
or development of a copyright or trademark is paid for with funds granted by the Board. Upon written request by the
Grantee the Board may, at the Board's option, glYe express written consent to the Grantee to retain all or any part of
the ownership of these rights.
As used herein, "Copyrightable maleriar' includes all materials which may be copyrighted as noted in nle 17, United
States Code, Section 102, as follows: 1) literary works, 2) musical works, including any accompanying words, 3)
_dramatic works, including any accompanying music, .) pantomimes and choreographic works, 5) pictorial, graphic
nd sculptural works, 6) motion pictures and other au-::io visual works, and 7) sound necordings. As used herem,
rademarkable materiar' means any material which may b:l registered as a trIIdemark, service mark or trIIde name
under the Califomia Trademark Law cited at Business and Professions Code (B&PC) Sections 1.200-1.342
"Trademark" is defined by B&PC Sedion 1.207. "Service mark" is defined by B&PC Section 1.206 "Trade name" is
defined by B&PC Section 14208.
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Used Oil Grant Terms and Conditions
Page 3
. Patents. The'Grantee assigns to the Board all rights, title and interest in and to each invention or discovery that may
be capable of being patented, that is conceived of or first actually reduced to practice in the course of or under thiS
.:ement, or with the use of any grant funds. Upon written request by the Grantee the Board may, at the Board's
.,n, give express written consent to the Grantee to retain all or any part of the ownership of these rights
Successors and Assians The provisions of the agreement will be binding upon and inure to the benefit of the Board
and the Grantee and their respective successors and assigns.
Discretionarv Termination or Assianment of Aareement. The Board will have the right to terminate this agreement at
Its sole discretion at any time upon 30 days' written notice to the Grantee. In the case of early termination, a final
payment will be made to the Grantee upon receipt of a financial report and invoices covering costs incurred prior to
termin8tion, and a written report describing all work performed by the Grantee to date of termination.
Stoo Work Notice. Immediately, upon receipt of a written notice to stop work, the Grantee will cease all work under
the agreement.
Disoutes. If for any reason the Grantee and the Executive Director cannot reach mutual agreement, the Grantee may
refer the dispute to the Board for final resolution. .
Remedies Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not
in limitation of, other rights and remedies under the agreement, at law or in equity, and exercise of one right or remedy
will not be deemed a waiver of any other right or remedy.
Severabilitv. If any provisions of this agreement are found to be unlawful or unenforceable, such provisions will be
voided and severed from this agreement without affecting any other provision of the agreement. To the full extent,
however, that the provisions of such applicable law may be waived, they are hereby waived, to the end that the
agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms
aI;ce Maieure Neither the Board nor the Grantee, including the Grantee's contractor(s), if any, will be responsible
.eunder for any delay, default or nonperformance of this agreement, to the extent that such delay, default or
nonpelformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion,
sabotage, or flood, or any other cause beyond the reasonable control of such party.
Controllino law. All questions concerning the validity and operation of the agreement and the performance of the
obligations imposed upon the parties hereunder will come within the jurisdiction of and be governed by the laws of the
State of California. '
ComoIiance The Grantee shall comply fully with all applicable federal, state and local laws, ordinances, regulations
~d permits. The Grantee must provide evidence that all local, state and/or federal permits, licenses, registrations,
n approvals for the proposed project have been secured and shall maintain compliance with such requirements
throughout the grant period. The Grantee shall ensure that the requirements of the California Environmental Quality
Act are met for any permits or other requirement necessary to carry out the terms of this agreements. Any deviation
trom ... stated requirements will result In non-payment of grant funds.
EauiBment and SuoDlies. Subject to the obligations and conditions set forth in this section, title to equipment and
I"W-' acquired under a grent will vest upon acquisitiDn in the Grantee.
ilIL Equipment and supplies shall only be used by the Grantee In the program for which It was acquired as long as
needed, whether or not the program continues to be supported by Board funds.
tnsurance. The Grantee shall obtain, and keep in force for the term of this agreement. and require its contractors to
obtain and keep in force. the following insurance policies which. cover any acts or omissions of the Grantee, or its
employees. engaged in the provision of service specified in this agreement. Proof that the following insurance is in
r shall be submitted to the Board p~or to the awarding of the grant. . .
1. WorkeT's Compensation Insurance In accordance with the statutory reqUirements of the State where the work IS
pelformed.
2. Comprehensive personal injury liability insurance, including coverage of awned, hired and nonowned automobiles
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Used Oil Grant Terms and Conditions
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3. Comprehensive property damage liability insurance, including coverage of owned, hired and nonowned
automobiles.
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Equipment and motor vehicle coverage at a level sufficient for replacement of property acquired under this
agreement.
Insurance coverage required for program implementation pursuant to Title 22, California Case of Regulations,
Section 67027.
Hold Harmless.
A. Grantee agrees to waive all claims and recourse against the State including the right to contribution for
loss or damage to persons or property arising from, growing out of or in any way connected w~h or
incident to this agreement. This waiver extends to any loss incurred due to any product, structure or
condition created pursuant to, or as a result of the grant agreement.
B. Grantee agrees to in<lemnify, hold harmless and defend the State, its officials, officers, agents and
employees against any and all claims, demands, damages, costs, expenses, or liability cost arising out
of the activ~ies undertaken, product, structure or cond~ion created pursuant to, or as a resull of thiS
grant agreement.
Nondiscrimination Clause (OCP - 2)
1.
During the performance of this grant, the Grantee, contractor and its subcontractors will not deny the grant's
benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental
disability, nor will they discriminate unlawfully against any employee or applicant for employment because of race,
religion, color, nat'onal origin, ancestry, physical handicap, mental disability, medical condition, marital status, age
or sex. Grantee will ensure that the evaluation and treatment of employees and applicants for employment are
free of such discrimination
Grantee will comply with the provisions of the Fair Employment and Housing Act (Govemment Code, Section
12900 l1..U!l), the regulations promulgated thereunder (Califomia Administrative Code, Title 2. Section 7285.011
USI), the provisions of Article 9.5, Chapter 1, Part 1, Division 3. T~1e 2 of the Govemment Code (Govemment
Code, Sections 11135 -11139.5) and the regulations or standards adopted by the awarding State agency to
Implement such article.
3.
Grantee and any subcontrectors will give written notice of their obligations under this clause to labor organizations
with which they have a collective bargaining or other agreement.
41.
Grantee will include the nondiscrimination and compliance provisions of this clause in all contracts and
subcontracts to perform work under the grant.
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(EXHIBIT A-3)
1994/95 Local Government Used Oil Opportunity
Grant Proposal
A) BACKGROUND:
Local Used Oil Disposal Problems: The Cities of Chula Vista, Imperial Beach and National City
(Region) comprise most of the enclosed portion of South San Diego Bay (see attachment #4).
The Region has an estimated 1,500 businesses that sell and/or generate motor oil. A significant
part of the Region's total households own more than one vehicle. Many households also own
recreational vehicles, boats and other motorized items that generate used oil. Recently, San Diego
County Solid Waste staff reported that 65 % of the household hazardous waste identified in the
refuse at their North County refuse treatment facility was used oil and oil filters.
The improper disposal of used oil in storm drains has a particularly devastating effect on the
Region. Most of the storm drains for city and county streets from downtown San Diego to the
border drain into San Diego Bay.and are captured in the enClosed South Bay. Approximately one
million residents potentially utilize their gutters, storm drains and refuse containers as the only
convenient means of used oil disposal. Between Chollas Creek and the Tijuana River there are
at least four additional rivers and creeks that support hundreds of acres of National Wildlife
Refuge and wetlands. The wetlands and bay wildlife depend on the waterways and are threatened
by the used oil and other hazardous wastes they can transport.
Jurisdictions' Population: The City of Chula Vista is the second most populated city in San
Diego County with approximately 150,000 residents. National City has approximately 55,000
residents and Imperial Beach approximately 28,000 residents. The greater South Bay area serves
as home, work and retail center to more than 1,000,000 people from the United States and
Tijuana, Mexico. The Sweetwater Union High School District is the largest secondary union high
school district, the fifth largest adult education program and one of the largest Latino student
populations in the State. The District serves approximately 65,000 high school and adult
education students in Chula Vista, Imperial Beach, National City, and parts of the City of San
Diego and Unincorporated County of San Diego.
Existing Used Oil Collection Opportunities: Prior to Used Oil Recycling Grant opportunities
there were only two businesses in the Region that have completed the certification process, neither
of which promoted their used oil collection programs. There are approximately ten additional
non-certified centers in the Region that are known to accept motor oil from the public. These
centers' are not well publicized and tend to be located in dense commercial areas that are not
convenient for many generators. The Region is in the process of recruiting, certifying and
promoting 30 certified centers (see list, attachment #5). The centers will be promoted through
local media, point of purchase displays, movie theaters, newsletters, prize incentives and
school/agency education programs. The program includes an extensive public education program
that will reach thousands of students, consumers, retail centers and used oil generating businesses
throughout the region.
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B) PROGRAM DESCRIPTION AND GOALS:
Program Description, SouthBay Used Oil Recycling Program: Providing every household with
a convenient recycling opportunity is the first step in eliminating improper disposal and
eliminating used oil as a threat to the Region's waterways and wildlife habitat. Recently, a third
grade elementary schoo] student noticed a barge of fifty gallon drums that washed up on the shore
of the wildlife refuge following a storm and said, "I hope those barrels are not full of oil!" The
student was one of thousands of Chu]a Vista, National City and Imperial Beach students attending
California Integrated Waste Management Board (CIWMB) sponsored science classes at the
wildlife refuge. Earlier that day the students had examined the layers of oil contaminated soil that
have built up along the banks of the refuge's waterways over the decades. As the science classes
learned, up to 100,000 gallons of used oil may be illegally disposed of in storm drains and
waterways that lead directly to the wildlife refuge. With the help of previous used oil grants from
the California Integrated Waste Management Board, Chula Vista, Imperial Beach and National
City (Region) are establishing up to 30 certified used oil recycling centers and teaching
tomorrow's generators the importance of proper disposal.
REGULARLY SCHEDULED/ON-CALL(CURBSIDE) COLLECTION OF USED OIL:
Request $ 92,500
An extensive and well publicized drop-off program will continue to be the foundation of the
region's used oil collection/recycling program. Drop-off remains the most economically and
operationally viable method of collection for the region's extensive multi-family dwellings.
However, curbside collection has proven to provide the convenience that encourages greater
participation and the highest possible recovery of used oil for sing]e-family homes and smaller
multi-family dwellings in many cities such as Long Beach. This grant proposes to enhance the use
of certified centers with the following curbside used oil collection program:
General Description:
Residents will be provided with their initial used oil recycling container(s) upon request or from
any of the thirty certified centers being established in the region. Residents will initially be asked
to telephone the service provider 48 hours in advance of their regular collection day. Used oil
collection will take place on the same day as the customer's refuse and recycling collection to
offer as easy a process as possible. Combining used oil collection with other services also
provides an opportunity to take advantage of the existing fleet, routing and personnel efficiencies.
Residents will place their used oil recycling containers out (as needed) with their curbside
recycling bin, yard waste container and refuse which are all collected weekly. Recycling trucks
automatically stop at any site they see a curbside recycling bin. Supervisor truck(s) would also
respond to on-call requests or call-backs, when containers are missed or placed out late.
The drivers will replace full containers placed at the curb with empty containers for the customer's
future use. Drivers will transport the full containers from the curb to the rack on the vehicle and
from the vehicle racks to the used oil storage tank later that day. There the containers will be
inspected tested if necessary and stored for collection by a permitted hazardous waste hauler. The
proposed service provider is an existing certified center and will make routine diversion reports
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to the region and state as a curbside collector (see Attachment ). The proposed program will
require approximately 10,000 one gallon containers or 7,500 six quart containers with caps and
labeling. The information printed on the containers will recognize the California Integrated Waste
Management Board's support of the program and provide the required information. The
containers will be consistent with the certified center containers and will also provide supplemental
information to assist the recycler.
Frequency of Pick-up: On Call, weekly availability. The used oil will be picked up on the
customer's regular weekly refuse and recycling day. Residents will be requested to call the
service provider 24 to 48 hours in advance of their regular recycling pick up day to request oil
collection (all single family homes and dwellings of up to four units in the region have curbside
recycling) .
Days and Hours of Operation for tbe Used Oil Collection Center(s): The proposed curbside
collection center is also a certified used oil collection center and will be open during regular
business hours approximately 8:00 a.m. to 4:30 p.m., Monday through Friday and 9:00 a.m. to
2:30 p.m., Saturdays. The center is only closed on Sundays, News Year's Day, Memorial Day.
Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Sunday operational hours
will be considered.
To date the Region has signed up approximately nine new certified centers and initiated contact
with approximately 400 prospects. Each business has different operating hours however, almost'
all businesses have been willing to accept used oil during regular business hours. Local program
representatives recommend that used oil drop-off activities be advertised between one half hour
after the store opens through one hour before the store closes. Stores are not encouraged to sign
up as certified centers and are not promoted if they cannot meet the CIWMB's minimum hour
requirements.
Type of Equipment and Facilities to be Used:
. Tanks: At least one double wall construction, above ground used oil tank with leak
detection system will be utilized to store the used oil from the curbside collection program.
A 110% containment wall is also proposed for the used oil tank.
. Vehicles: Either the recycling, refuse, greenwaste and/or supervisor truck(s) will be fitted
with racks to hold the residential used oil collection containers. The trucks include: full-
size pick-ups, Labrie Eager Beaver Recycling Trucks, Heil recycling trucks, Amrep
greenwaste and refuse trucks. Collection vehicles will be supplied with appropriate spill
clean-up supplies as required by local and state health and safety codes.
. Containers: A one gallon or a six quart post-consumer content plastic container will be
distributed to participants. The container will have the required warnings, CIWMB
recognition, other appropriate information, and a leak proof cap.
.
The proposed facility is a trucking yard and staging area for refuse and recycling for the
Chula Vista and Imperial Beach franchisee.
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Used Oil Storage Capacity:
The minimum used oil storage capacity will be 500 gallons. A five hundred gallon container
collected five days a week could collect approximately 130,000 gallons per year. According to
CIWMB, HHW Section projections, approximately 100,00 gallons of used motor oil is improperly
disposed of in the region each year. If it is more cost effective to collect larger quantities, fewer
times per week, additional storage capacity will be considered.
Method of Used Oil Storage and RecyclinglDisposal:
. Residents will place the used oil in a program provided container with an appropriate leak
proof cap. The container will be a post-consumer plastic bottle similar to the one utilized
successfully by the City of Long Beach curbside and certified center programs.
. The containers will be inspected and transferred by employees of the service provider to
the residential recycling vehicles which will be equipped with racks that will securely hold
20 to 40 individual containers.
. The recycling containers will be taken from the racks, oil will be inspected and poured
into the storage tank (described above) at the collection center at least once per day.
.
The storage tank will be serviced by a State and County permitted hauler with third party
insurance. The program will strive to utilize a service provider who participates in a
closed loop process for used oil collection and re-manufacturing. Additionally, the grant's
proposed provider would have a California Hazardous Waste "Part B" permit (see
brochure, attachment #6).
CERTIFIED CENTER PROGRAM:
$ 18,000
The grant also request $2,500 to continue the Used Oil Recycling Awards Program that focuses
on recognizing certified centers. An additional $1,500 for premiums is requested to use in
promoting existing centers. Approximately $13,000 is also requested to add motor oil filter
collection to at least three locations.
Marina~' The certified center, curbside collection and promotional funds will assist the Region in
providing the local Marina's with a comprehensive program and variety of used oil recycling
alternatives (see letter, attachment #7).
6
If -f?-
.
.
.
EXHIBIT C
Local Government Used Oil Opportunity Grant
Budget Summary
Grant Applicant City of Chula Vista
Date February 6, 1995
Proposed Program The South Bay San Dieiio ReiiionallJsed Oil Recyclinii PrOiiram
TYPE OF EXPENSE
CIWMB GRANT FUNDS2
CURBSIDE COLLECTION
$ 92,500
CERTIFIED COLLECTION CENTERS
$ 18,000
SCHOOL EDUCATION PROGRAMS
$ 84,900
PUBLIC EDUCATION
$ 24,000
OTHER COSTS
$ 11,500
TOTAL
$230,900
All expenses listed above must be itemized on a separate sbeetls\ of paper
2Round all numbers to the nearest dollar
14
/ tj-7' 7
.
.
.
EXHIBIT D
Local Government Used Oil Opportunity Grant
BUDGET ITEMIZATION
Grant Applicant City of Chula Vista
CURBSIDE COLLECTION
Contract with Curbside Provider:
Tank Improvements and Installation
Vehicle Purchase
Vehicle Rack Modifies, Test Kits and Spill kits
Personnel Costs
Operating Costs; Fuel, Oil Tires & Maintenance
Sub Total (contract)
Collection Containers & Caps
TOTAL
CERTIFIED CENTERS
Annual Awards & Recognition Event
Premiums
Oil Test Kits
Oil Filter Press (3)
TOTAL
SCHOOL EDUCATION PROGRAMS
High School & Adult Education Program Contracts:
Personnel Expenses
Materials, Supplies Special Events & Awards
Used OillWatershed Simulation Games
Elementary School Program
Sub total (contracts)
Intern appx. 15 hours pr/wk @ $10 pr/hr
TOTAL
PUBLIC EDUCATION
Graphics, Printing & Advertising
Intern appx. 25 hours per week @ $10 per hour
Nature Center Science Class & Visitor Program
Materials and Supplies
TOTAL
"/L( 7' Y
Date FehnIary 16. 1995
CIWMB
FUNDS
$ 28,000
$ 27,000
$ 12,000
$ 8,000
$ 10,000
$ 85 000
$ 7,500
$ 92,500
$ 2,500
$ 1,500
$ 1,000
$ 13,000
$ 18,000
$ 28,500
$ 27,600
$ 10,000
$ 11,000
$77100
$ 7,800
$ 84,900
$ 3,500
$ 13,000
$ 7,500
$24,000
.
.
.
Local Government Used Oil Opportunity Grant
BUDGET ITEMIZATION continued...
OTHER COSTS
Space Rental
Computer Upgrade (graphics)
Grant Mgr. approx. 338 hours @ $22.199
TOTAL
TOTAL COSTS
$ 3,500
$ 500
$ 7,500
$ 11,500
$230,900
THIS APPLICATION WAS PRINTED ON POST-CONSL'MER CONTENT RECYCLED PAPER
16
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EXHIBIT B
BUDGET DETAIL
LAIDLAW WASTE SYSTEMS INC. COMPONENT
USED OIL OPPORTUNITY GRANT
USED OIL CURBSIDE COLLECTION PROGRAM
Agreement Item: Amount
Tank Improvements and Installation, $28,000
Vehicle Rack Modifications, Test Kits and Spill kits, $12,000
Personnel Costs, $ 8,000
Operating Costs; Fuel, Oil Tires & Maintenance, $10,000
Total $58,000
Page 11
J'-/-/CJ!
TEL:
Oct 04.95
13:17 No.003 P.02
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INTUQNAL LTD.
r::J:I:iY~'j! 001 Dlllaney Valley Rood. !:,!ulle 510
~. 1'OYo'$OO. Ml'lryland ,1204
.' Td 4 I O.IIe-1 500
Fax 41(}2ll6-1741
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12/n/94
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.......................**
...........**............
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LAIDLAW WASTE SYSTEMS INC.
Nancy Grellory.
P.O. Box 9i7
Chu1a Visea, CA >>1912
Policy.. 6139-70-44
1ft. 12/31/94 ~o 12/31/95
Co. CHUBB GROUl'
In"oice Balance,
FRANCHISE TO COLJ,ECT & DIBPOS! OF R.FUeS & TO Vat THE PUBLIC
STRBETS & PLACES. ANNUAL INVOICS BOND IS STILL IN EFFECT.
.
.....
.
/ '1-/.(7,/
COUNCIL AGENDA STATEMENT
,-
Item I>
Meeting DatelO/lO/95
ITEM TITLE:
/8"c~t
Resolution Waiving Conditions of Approval Numbers
7, 37, 38, 39 and Amending Condition of Approval Number 36, ~
Relating to Certain Public Improvements.
Resolution 18',p~ 7 Approving a Supplemental Subdivision
Improvement Agreement to Satisfy Certain Conditions of Approval for
Chula Vista Tract 95-05, EastLake Greens Unit 28.
Resolution I ~ ~ 1,8'" Approving Final Map and Subdivision
Improvement Agreement for Chula Vista Tract 95-05, EastLake Greens
Unit 28
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager0~ ~~) (4/5ths Vote: Yes_No-Kj
On June 24, 1995, by Resolution 17935 (E~ibi;;the City Council approved the Tentative
Subdivision Map for Chula Vista Tract 95-05, EastLake Greens Unit 28. The final map for
EastLake Greens Unit 28 is now before Council for approval.
RECOMMENDATION: That Council: adopt the resolution waiving Conditions of Approval
Nos. 7,37,38,39 and amending Condition of Approval No. 36; adopt the resolution approving
the supplemental subdivision improvement agreement; and adopt the resolution approving the
final map, all for EastLake Greens Unit 28.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project is generally located on the northerly side of Clubhouse Drive between North
Greensview Drive and Silverado Drive and consists of 51 detached condominium units within
4 lots and four lettered lots for open space.
The final map for Chula Vista Tract 95-03, EastLake Greens Unit 28 has been reviewed by
the Public Works Department and found to be in substantial conformance with the approved
tentative map. Approval of the final map constitutes acceptance by the City of a 10' general
utility easement along Open Space Lots A, B, C, D, and E and rejection of open space Lots
A, B, C, D, and E all as shown on the final map. The open space lots may be rejected since
they are to be maintained by the EastLake Master Homeowner's Association rather than the
I>' I
Page 2, Item /.5
Meeting DateIO/IO/95
City. However, the City reserves the right to accept the rejected open space lots in the future
per Section 66477.2 of the Subdivision Map Act.
The developer has executed a Supplemental Subdivision Improvement agreement to satisfy
Conditions of Approval Nos. 22-28 and General Conditions of Approval B, C, and D
(Resolution No. 17935) and Condition of Approval No. 31 (c) (Resolution No. 15200). The
developer has also executed a Subdivision Improvement Agreement and has provided bonds
to guarantee construction of the required public improvements along Clubhouse Drive (CV
drawings 95-297 through 95-303). The developer has paid all applicable fees and has provided
a bond to guarantee the monumentation for the subdivision.
The tentative map for this subdivision indicated a possible conflict between the proposed
subdivision entry and an existing street light located on the northerly side of Clubhouse Drive.
However, when the improvement plans were finalized, it was determined that the proposed
entry does not conflict the existing street light and that adequate clear sidewalk width (5') is
available to meet the Americans with Disabilities Act (ADA) standards. Therefore, Staff
recommends that Condition of Approval No.7, which required the developer to relocate the
street light to the northwesterly comer of Clubhouse Drive and Palomira Court, be waived.
The tentative map for this subdivision proposed and was approved with the understanding that
the streets and utilities, with the exception of storm drains, within the subdivision boundary
were to be public. However, subsequent to tentative map approval, the developer, California
Pacific Homes, requested that sewer and water utilities within the subdivision be private. Staff
has reviewed the request and determined that since all proposed sewer and water facilities
within the subdivision serve only homes within the subdivision, they may. be private. Otay
Water District as also reviewed this request and has determined that the water facilities serving
the subdivision may be private. Because of this determination, the Conditions of Approval
Nos. 37, 38, and 39 of the tentative map requiring the developer to grant various utility
easements may be waived. In addition, Staff recommends that Condition of Approval No. 36
may be revised to read:
"Indicate on the final map a future 10' wide private sewer easement to be
granted to the future Homeowners' Association over the sewer facilities within
Lots 3 and E."
At its meeting of July 25, 1995, by Resolution No. 17982, Council approved an Affordable
Housing Agreement for the EastLake development, which included certain milestones to
implement the Affordable Housing Program. The agreement requires the developer to have 112
low income housing units under significant construction by June 1, 1998. However, prior to
issuance of a building permit for the 2,550th unit of the Greens, the developer is required to
commence construction on 160 low income housing units (the total affordable housing
obligation for the Greens). After issuance of the 2,550th unit, the City will have the right to
/5",)....,
I
Page 3, Item /.5"
Meeting DatelO/lO/95
withhold issuance of additional building permits until significant construction has been
completed on the 160 affordable housing units. With the approval of the 51 units for EastLake
Greens Unit 28, the current cumulative total of approved units within the Greens is 1,323. All
other conditions of approval of the tentative map for Chula Vista Tract 95-05, EastLake Greens
Unit 28, have been satisfied. Staff recommends approval of the final map for EastLake Greens
Unit 28.
A plat is available for Council viewing.
FISCAL IMPACT: None. All Staff costs associated with processing of improvement plans
and final map will be reimbursed from developer deposits.
Attachments:
Exhibit A - Resolution 17935 & Minutes of 6/20/95 (excerpt)
Exhibit B - Resolution 17618 & Minutes of 8/16/94 (excerpt)
Exhibit C - Resolution 17982 & Minutes of 7/25/95 (excerpt)
Exhibit D - Resolution 15200
Exhibit E - Plat - EastLake Greens Unit 28
Exhibit F - Disclosure Statement
Ac-- , ~ - ..0
A!.&- , ..J)
ELG28
LMe
m:\home\engineer\agenda\elg28.hnc
091995
/..;''" J
-e
EXfh5rr If
~ /..5
RESOLUTION NO. 17935
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CIWLA
VISTA APPROVING AND IMPOSING CONDITIONS ON THE
TENTATIVE SUBDIVISION MAP FOR EASTLAKE GREENS UNIT
28. CHULA VISTA TRACT 95-05. MAKING THE NECESSARY
FINDINGS AND READOPTING THE MITIGATED NEGATIVE
DECLARATION AND THE MITIGATION MONITORING AND
REPORTING PROGRAM FOR IS-94-19
I. RECITALS
e
e
A.
Project Site
WHEREAS. the area of land which is the subject matter of this resolution is
diagrammatically represented in Exhibit A attached hereto and incorporated
herein by this reference, is commonly known es Unit 28 of EastLake Greens
Tentative Subdivision Map, Chula Vista Tract 88-3; end for the purpose of
general description herein consists of 6.0 acres and located on the north side
of Clubhouse Drive between Greensview Drive and Hunte Parkway within the
EastLake Greens Sectional Planning Area of the EastLake Planned Community
("Project Site"); and.
B.
Project; Application for Discretionary Approval
WHEREAS. on March 31,1995 EastLake Development Company ("Owner") and
California Pacific Homes ("Developer") filed a tentative subdivision map
application with the Planning Department of the City of Chula Vista and
requested approval of the Tentative Subdivision Map for Eastlake Greens Unit
28, Chula Vista Tract 95-05 in order to subdivide the Project Site into 9 lots
("Project"); and
C.
Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of
1) a General Development Plan, EastLake /I (EastLake I Expansion) General
Development Plan previously approved by City Council Resolution NO.1 5198
("GDP"); 2) the EastLake Greens Sectional Planning Area Plan. previously
edopted by City Council Resolution No. 15199 ("SPA"); and 3) a Tentative
Subdivision Map. previously epproved by City Council Resolution No. 15200
("TSM"). Chula Vista Tract 88-3, all approved on July 18. 1989; 4) an Air
Quality Improvement Plan. EastLake Greens Air Quality Improvement Plan-
(AQIP); and 5) a Water Conservation Plan. EastLeke Greens Water Conservation
Plan (WCP); both previously approved by City Council Resolution No. 16898 on
November 24. 1992; and 61 a GDP, SPA, TSM. AQIP and WCP amendment
previously approved by City Council Resolution No.1 761 8 on August 16.
1994; and
y
LS~~
Resolution No. 17935
Page 2
D. Planning Commission Record on Application
""""
WHEREAS. the Planning Commission held an advertised public hearing on said
project on May 24, 1995, end voted (6-0) to recommend that the City Council
approve the Project, based upon the findings and subject to the conditions
listed below.
E. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing was held before the City
Council of the City of Chula Vista on June 20, 1995. on the Project end to
receive the recommendations of the Plenning Commission. and to hear public
testimony with regard to same; and,
NOW. THEREFORE. BE IT RESOLVED that the City Council does hereby find. determine
and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this project held on May 24. 1995. and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
III.
MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED; MITIGATION
MONITORING AND REPORTING PROGRAM; FINDINGS; APPROVALS
...........
A. Mitigated Negative Declaration
The City Council of the City of Chula Vista has reviewed. analyzed and
considered the previously approved Mitigated Negative Declaration on IS-94-19
(known as Document No. C094-1 80 on file in the Office of the City Clerk) and
comments thereon. the environmental impacts therein identified for this project
and the Mitigation Monitoring and Reporting Program ("Program") (known as
Document No. C094-1 81 on file in the Office of the City Clerk) thereon prior
to approving the Project. Based on the Initial Study and comments thereon, the
Council finds that there is no substantial evidence that the Project will have a
significant effect on the environment end thereby readopts the Mitigated
Negative Declaration.
B. Mitigation Monitoring and Reporting Program
The City Council of the City of Chula Vista finds that the significant
environmental effect(s) identified in the Mitigated Negative Declaration will be
reduced to below a level of significance if the mitigation measures in the
Mitigation Monitoring and Reporting Program are implemented. The Mitigation
Monitoring and Reporting Program is hereby readopted to ensure that its
provisions are complied with.
.-..
.
~ J5-~
Resolution No. '7935
Page 3
.
IV.
CERTIFICATION OF COMPLIANCE WITH CEOA
The City Council does hereby find that the Mitigated Negative Declaration on IS-94-19
and Mitigation Monitoring and Reporting Program have been prepared in accordance
with requirements of the California Environmental Quality Act. the State EIR
Guidelines. and the Environmental Review Procedures of the City of Chula Vista.
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council finds that Mitigated Negative Declaration IS-94-' 9 reflects the
independent judgment of the City of Chula Vista City Council.
VI. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act.
the City Council finds that the Tentative Subdivision Map as conditioned herein
for Eastlake Greens Unit 28, Chula Vista Tract No. 95-05 is in conformance
with the elements of the City's General Plan, based on the following:
a.
Land Use
.
The proposed density of 8.5 du/ac is in compliance with the previously
approved EastLake Greens SPA Plan density range (5-' 5 du/ac) for the
subject parcel.
b.
Circulation
All of the on-site private streets and drives and off-site public streets
required to serve the subdivision will be constructed or DIF fees paid by
the developer in accordance with the EastLake Greens Public Financing
Plan and Development Agreement.
The private streets/drives within the subdivision will be designed in
accordance with the City design standards and/or requirements. The
adjoining street system was designed to handle the anticipated flow of
traffic from this and other area projects.
c. Housing
The EastLeke Greens SPA Plan area has been conditioned to provide a
minimum of 10% affordable housing including a mix of housing types
and lot sizes for single-family, townhouses. condominium and various
apartment densities that will provide a wide spectrum of housing prices
for persons of various incomes. The proposed single-family detached
residential housing type is consistent with the EastLake Greens SPA
Plan.
e
~ /5~ 7
Resolution No. 17935
Page 4
.--.,.
d. Conservation
The Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program for IS.94.19 addressed the goals end policies of the
Conservation Element of the General Plan and found the development
of this site to be consistent with these goals and policies.
e. Parks and Recreation, Open Space
The project site is located within the EastLake Greens SPA Plan area.
The EastLake Greens SPA Plan provides public parks, trails and open
space consistent with City policies. The project will implement in part
conditions of approval for the EastLake Greens SPA Plan requiring the
provision/construction of a golf course trail.
f. Seismic Safety
The proposed subdivision is in conformance with the goals and policies
of the Seismic Element of the General Plan for this site.
g. Safety
The Fire Department and other emergency service agencies have
reviewed the proposed subdivision for conformance with City safety
pOlicies and have determined that the proposal meets the City Threshold
Standards for emergency services.
.-....,
h. Noise
Noise mitigation measures included in the Environmental Impact Report
SEIR-B6-04 and Mitigated Negative Declaration IS.94.19 adequately
address the noise policy of the General Plan. All dwelling units within
the project will be required to be designed so as to not exceed the
interior noise level of 45 dBA. Additionally, all exterior private open
space will be shielded by a combination of aarth, berm. wall. and/or
buildings to achieve a 65 dBA noise level for outside private areas.
i. Scenic Highway
The project site is not located adjacent to any designated scenic
highwey but a landscaped open spece buffer and a decorative wall will
be provided along the Clubhouse Drive frontage in order to enhance the
appearance of the project from the street. .
j. Bicycle Routes
Bicycle lanes have been incorporated within the EastLake Greens
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Resolution No. 17935
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Planned Community area design and are presently in use.
k.
Public Buildings
No public buildings are proposed on the project site. The project is
subject to RCT fees prior to issuance of building permits.
B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies
that it has considered the effect of this approval on the housing needs of the
region and has balanced those needs against the public service needs of the
residents of the City and the available fiscal and environmental resources.
C. The configuration, orientation and topography of the site partially allows for the
optimum sitting of lots for passive or natural heating and cooling opportunities
as required by Government Code Section 66473.1.
D. The site is physically suitable for residential development and the proposal
conforms to all standards esta blished by the City for such projects.
E. The conditions herein imposed of' the grant of permit or other entitlement
herein contained is approximately ~l oportional both in nature and extent to the
impact created by the proposed development.
e
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project
subject to the general and special conditions set forth below.
VIII. GENERAL CONDITIONS OF APPROVAL
The approval of the foregoing Tentative Subdivision Map wbich is stated to be
conditioned on "General Conditions" is hereby conditioned as follows:
A. Project Site is Improved with Project
Developer, or their successors in interest, shall improve the Project Site with
the Project as described in the Mitigated Negative Declaration 15-94-19 except
as modifiad by this Resolution.
B. Implement Mitigation Measures
Developer shall diligently implement. or cause the implementation of. all
mitigation measures pertaining to the Project identified in the Final
Supplemental Impact Report for Eastlake Greens FEIR-86-04 and Mitigated
Negative Declaration 15-94-19.
C.
Implement the Mitigation Monitoring and Reporting Program
e
Developer shall implement, or cause the implementation of. all portions of 15-
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Resolution NO.1 7935
Page 6
94- 19 Mitigation Monitoring and Reporting Program pertaining to the Project.
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D. Implement previously adopted conditions of approval pertinent to project.
Unless otherwise conditioned, developer shall comply with all unfulfilled
conditions of epproval of the EestLake Greens Tentetive Map, Chule Vista Trect
88-3 established by Resolution No.1 5200 approved by Council on July 18,
1989, and any subsequent amendment(s) to such Tentative Map condition(s)
approved by the City Council, the General Plan Amendment conditions adopted
by Resolution No.1 7309 by the City Council on December 14, 1993, and shall
remain in compliance with and implement the terms. conditions and provisions
of Eastlake Greens Sectional Planning Area. Eastlake Greens Planned
Community District Regulations. the Eastlake Greens Development Agreement,
the Water Conservation Plan and the Air Quality Plan, Design Guidelines and
the Public Facilities Financing Plan.
E. Implement Public Facilities Financing Plan
Developer shall install public facilities in accordance with the Eastlake Greens
Public Facilities Financing Plan as amended or as required by the City Engineer
to meet threshold standards adopted by the City of Chula Vista. The City
Engineer and Planning Director may. at their discretion. modify the sequence of
improvement construction should conditions change to warrant such a revision.
F.
Project Phasing
"""
Developer shall submit and obtain approval for a development phasing plan by
the City Engineer and Director of Planning prior to approval of any final map.
if phasing is proposed within an individual map or through multiple final maps.
The phasing plan shall include:
a. A site plan showing the lot lines and lot numbers. the phase lines and
phase numbers and number of dwelling units in each phase.
b. A table showing the phase number, the lots included in the phase and
the number of units included in each phase.
Improvements. facilities and dedications to be provided with eech phase or unit
of development shall be as determined by the City Engineer end Director of
Planning. The City reserves the right to conditionally approve eech final mep
and require improvements, facilities and/or dedications as necessary to provide
edequata circulation and to meat the requirements of police end fire
departments. The City Engineer and Planning Director may at their discretion,
modify the sequence of improvement construction should conditions change to
warrant such revision(s).
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IX.
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Resolution No. '7935
Page 7
SPECIAL CONDITIONS OF APPROVAL
Prior to approval of the final map, unless otherwise indicated, the Developer shall:
STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS
1. Design and construct ell streets to meet the City standards for public residential
streets, or as approved by the City Engineer. Submit improvement plans for
approval by the City Engineer detailing the horizontal and vertical alignment of
said streets.
2. The name of the proposed private street (Palomira Street) shall 'be changed to
"Corte Palomira" or "Palomira Court." Said modification shall be reflected in
the final map for the Project Site.
3. Locate the centerline of entry to the subdivision a minimum of 250' from the
centerline of the nearest street intersection.
4. Provide a turnaround of 28' minimum radius at the private street entrance to
subdivision or as approved by the City Engineer.
5. Provide decorative pavement delineating the boundary between the public and
private streets.
6.' Install a pedestrian ramp on the south side of Clubhouse Drive opposite the
northwesterly corner of Corte Palomira to City Standards. Design all pedestrian
ramps, including those on private property, in accordance with City standards,
7. Relocate the existing street light on Clubhouse Drive to the northwesterly
corner of Corte Palomira.
8. Align the public sewer to be outside of fenced areas,
9. Design public sewer with the minimum radius for 8" diameter PVC sewer to be
280' ("Greenbook" table 306-' .2.' 3(C)).
, O. Sewer mains on private street and connection to existing public sewer in
Clubhouse Drive may be public. All other sewer lines are to be private. PrOVide
City access through gated entry for public sewer maintenance.
, ,. Provide a minimum' 2' wide improvad access designed to H-20 wheel loading
to all public sewer manholes.
12. Connect the water line serving the subdivision to the existing water line in
Clubhouse Drive at a more direct point of connection westerly of the proposed
point of connection.
13.
Guarantee the construction of all public improvements (street lights, sewers,
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Resolution No. 17935
Page 8
curb and gutter. sidewalk. pedestrian ramps. utilities. etc) deemed necessary
to provide service to the subject subdivision in accordance with City standards.
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14. Provide to the City a letter from Otay Municipal Water District indicating that
the assessments/bonded indebtedness for all parcels dedicated to the City have
been paid or that no assessments exist on the parcel(s).
,
15. Present written verification to the City Engineer from Otay Water District that
the subdivision will be provided adequate water service and long term water
storage facilities.
16. Design and construct all required water facilities in accordance with Otay Water
District standards and pay all appropriate water fees.
GRADING AND DRAINAGE
17. Provide an updated soils report or an addendum to the original document
prepared by a registered engineer, as required by the City Engineer.
18. Submit and obtain approval by the City Engineer for en erosion and
sedimentation control plan as part of grading plans.
19. Submit letters of permission to grade for all off-site grading.
20. Submit a list of proposed lots indicating whether the structure will be located
on fill. cut. or a transition between the two situations.
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21. Submit an updated hydrology report for the project.
AGREEMENTS
22. Agree that the City may withhold building permits for the subject subdivision
if anyone of the following occur:
A. Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached.
B. Traffic volumes. levels of service, public utilities and/or services exceed
the adopted City threshold standards.
C. The required public facilities, as identified in the PFFP or es emended or
otherwise conditioned have not been completed or constructed to
satisfaction of the City. The developer may propose changes in the
timing and sequencing of development and the construction of
improvements affected. In such case. the PFFP may be emended es
approved by the City Planning Director and Public Works Director.
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Resolution No. 17935
Page 9
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23. Agree to defend, indemnify and hold harmless the City and its agents. officers
and employees, from any claim, action or proceeding against the City. or its
agents, officers or employees to attack, set aside, void or annul any approval
by the City, including approval by its Planning Commission, City Councilor any
approval by its agents, officers, or employees with regard to this subdivision
provided the City promptly notifies the subdivider of any claim, action or
proceeding and on the further condition that the City fully cooperates in the
defense.
24. Agree to hold the City harmless from any liability for erosion, siltation or
increase flow of drainage resulting from this project.
25. Agree to ensure that all franchised cable television companies ("Cable
Company") are permitted equal opportunity to place conduit and provide cable
television service to each lot within the subdivision. Restrict access to the
conduit to only those franchised cable television companies who are. and
remain in compliance with, all of the terms and conditions of the franchise and
which are in further compliance with all other rules. regulations, ordinances and
procedures regulating and affecting the operation of cable television companies
as same may have been, or may from time to time be issued by the City of
Chula Vista.
26.
Agree to submit a detail landscape and irrigation plan for open space lots
A,B,C,D,E end common open space areas inclusive of front and exterior side
yard areas to the City Landscape Architect for review and approval prior to
issuance of grading permits. The plans shall provide tree/shrub species size
information, and hardscape materials specifications. The final
landscape/irrigation plans shall be in compliance with Section 6.4 (General
Landscape Concept) of the Eastlake Greens SPA.
.
27. Agree to improve the golf course view point west of the subject site in
conjunction with the development of the Project Site and install golf course trail
markers along N. Greensview Drive and Hunte Parkway in accordance with the
Eastlake Greens Trails Plan. Detailed development plans for the golf course
view point and trail marker design details shall be submitted to the Planning
Department and Parks and Recreation Department for review and approval prior
to issuance of building permits.
28. Agree to comply with all conditions of approval for DRC-95-29.
OPEN SPACE/ASSESSMENTS
29. Offer to grant in fee on the Final Map open space Lots "A", "B", "C", "0" and
"E". The minimum width of Lot "A" shall be 10 feet.
30. Submit a list of all facilities located on open space lots to be maintained by the
existing Eastlake Maintenance District No.1. This list shall include a
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Resolution No. 17935
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description, quantity and unit price per year for the perpetual maintenance of
all facilities located on open space lots to include but not be limited to: walls,
fences, water fountains, lighting structures, paths, access roads, drainage
structures and landscaping. Only those items on an open space lot are eligible
for open space maintenance. Each open space lot shall also be broken down
by the number of acres of turf, irrigated, and non-irrigated open space to aid
the estimation of a maintenance budget thereof.
31. Pay additional fees on a fair-share basis into Assessment District Numbers 85-
2, 90-3 and other applicable assessments districts due to a change in units
approved subsequent to District formation as determined by the City Engineer.
32. Pay additional Transportation OIF on a fair-share basis into the DIF fund due to
a change in units approved subsequent to formation of AD 90-3, which funds
a portion of the Transportation DIF, as determined by the City Engineer.
33. Pay all costs associated with apportionment of assessments for all City
assessment districts as a result of subdivision of lands within the boundary.
Request apportionment and provide a deposit to the City estimated at
$40/unit/district to cover costs.
34.
Prepare a disclosure form to be signed by the home buyer acknowledging that
additional fees have been paid into the Assessment District or the
Transportation DIF Fund, and that these additional fees are reflected in the
purchase price of the home for those units which have a density change from
that indicated in the assessment district's Engineer's Report. Submit disclosure
form for the approval of the City Engineer.
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1
EASEMENTS
35. Grant to the City a 10' wide easement for general utility purposes along street
frontage of all open space lots proposed for dedication to the City.
36. Grant to the City a 10' wide easement for construction and maintenance of
public sewer facilities within open space Lot E.
37. Grant to the City a minimum 12' wide easement over public sewer within Lot
E and the private drive at the westerly terminus of Corte Palomira.
38. Grant to the City a minimum 24' wide general utility and access easement
within Corte Palomira.
39. Grant to Otay Municipal Water District a 10' wide easement for construction
and maintenance of water facilities within open space Lot E. Provide
acceptance certificate of said easement on final map.
40.
Indicate on the final map a future private storm drain easement to the
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Resolution No. 17935
Page 11
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Homeowners' Association over the storm drain facilities within Lot E.
MISCELLANEOUS
41. Submit, process and record a boundary adjustment along the easterly boundary
of the proposed project prior to final map approval or include the owner of the
adjacent property (EastLake Golf Course) as signator on the final map.
42. File with the City of Chula Vista a copy of the Declaration of Covenants.
Conditions and Restrictions (CC&R'SI applicable to the Project
Site. The CC&R's shall include. among others, provisions for
the:
a. Formation of a homeowner's association (HOAI.
b. HOA responsibilities to maintain all private streets and driveways.
commons areas inclusive of front and exterior side yard areas, private
sewers and drainage systems, except those assumed by the Eastlake II
Community Association.
c. Prohibition of the television antennas, garage conversions. parking
outside of the designated areas. parking of recreational vehicles and
boat trailers.
.
d.
Inclusion of the City of Chula Vista as a party to said Declaration
authorizing the City to enforce the terms and conditions of said
Declaration insofar as said enforcement applies to areas of public
concern. in accordance with CVMC section 18.44.010.
43. Tie the boundary of the subdivision to the California System -Zone VI (NAD
'83).
44. Submit copies of Final Maps in a digital format such as (DXF) graphic file prior
to approval of each Final Map. Provide computer aided Design (CADI copy of
the Final Map based on accurat~ ::oordinate geometry calculations and submit
the information in accordance With the City Guidelines for Digital Submittal in
duplicate on 5-1/2 HD floppy disk prior to the approval of each Final Map.
X. CODE REQUIREMENTS
45. Comply with all applicable sections of the Chula Vista Municipal Code.
Preparation of the Final Map and all plans shall be in accordance with the
provisions of the Subdivision Map Act and the City of Chula Vista Subdivision
Ordinance and Subdivision Manual.
46.
Underground all utilities within the subdivision in accordance with Municipal
Code requirements.
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Resolution No. 17935
Page 12
47.
Pay the following fees in accordance with the City Code end Council Policy:
.........
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer connection
fees.
d. Interim Pre-SR-125 impact fee (effective January 1, 1995).
e. Telegraph Canyon Sewer Pumped Flows DIF (or submit letter of credit
prior to final map approval).
Pay the amount of said fees in effect at the time of issuance of building
permits.
48. Install required fire hydrants prior to delivery of any combustible construction
materials.
49. Install a knox-box or knox-key-switch at the gated entry, as required by the Fire
Marshal.
XI.
CONSEQUENCE OF FAILURE OF CONDITIONS
.-.
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny or further condition issuance of all
future building permits, deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted, institute and prosecute
litigation to compel their compliance with said conditions or seek damages for their
violation. No vested rights are gained by Developer or a successor in interest by the
City's approval of this Resolution.
XII. NOTICE OF DETERMINATION
The City Council directs the Environmental Review Coordinator to post a Notice of
Determination and file the same with the County Clerk.
XIII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adOPtion of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated;
and that in the event that anyone or more terms, provisions or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable,
this resolution shall be deemed to be automatically revoked and of no further force and
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effect ab initio.
Presented by
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Robert A. Leiter
Director of Planning
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Resolution No. 17935
Page 13
by (
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Resolution No. 17935
Page 14
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PROJECT
LOCATION
GOL.F COURSE
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CHULA VISTA PLANNING DEPARTMENT
C) :JR.~. Eal1l1akt Dt",lopmtnl Ca. SUIPMSIOtl
~. No. of Club,-" Or. ~" btI- = -"r._ of 51 e1",,- '-ily
Or..n",;..- Dr. & E...lok. 1'I:wy. o.t..J\ed Ii",
>C.<oll, IJUN\.WlItt.. Exhibit A
NORTH 400' rCS.9S.0S
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Resolution No.1 7935
Page 15
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista.
California. this 20th day of June. 1995, by the following vote:
YES:
Councilmembers: Moot. Padilla, Rindone. Horton
NOES:
Councilmembers: None
ABSENT:
Councilmembers: None
ABSTAIN:
Councilmembers: Alvey
ATTEST:
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STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA)
I. Beverly A. Authelet, City Clerk of the City of Chula Vista, California. do hereby certify that
the foregoing Resolution No. 17935 was duly passed, approved. and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 20th day of June.
1995.
Executed this 20th day of June. 1995.
,: C:7 ~~d?: .7
Beverly A Authelet, City Clerk
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lIfSUC (Padilla/Alevy) to accept stafT's recommendation to forward the drart leller to the City of San Diego
with our comments with a drart copy send to Council for informalion before mailing the leller.
~
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17. PUBLTC HEARING COl'\'DITIONAL USE PERMIT PCC-94-09: REQUEST TO EXTEND
APPROVAL FOR A PRIVATE SCHOOL FOR APPROXIMATELY THREE YEARS (THROUGH
SEPTEMBER 1999) Al'\'D TO ALLOW THE EXPANSION OF SAID SCHOOL FACD..ITlES lJI.'TO THE
SECOl'\'D STOR Y OF THE BUILDING LOCATED AT 2400 FE"'TON STREET WITHIN THE EASTLAKE
BUSINESS CE"'TER . COVENAl'\'T CHRISTIAN SCHOOL. Covenanl Christian School was approved by
Council 10 operale al 2400 Fenton Slreel Wilhin the EasILax. Business Center for a 2.5 year period extending
througb June 1996. The School is r"'luesting 10 extend Ihe permit for 3 years (10 Seplember 1999) and 10 expand
Ihe Operalions from Ihe firsl /loor 10 include Ihe entire building and 10 increase Ihe maximum enrollment from 208
10260 children. Slarr recommends Ihis ilem be cootinued 10711 I 195. (Direclor of Planning) Continued from
the meeling of 5123/95.
RESOLUTION 17904 DENYING A REQUESTED TIME EXTENSION BUT APPROVING A
REQUESTED EXPANSION OF AN EXISTING CO"'DITJONAL USE PERMIT (PCC.94-09) TO
COVENANT CHRISTIAN SCHOOL TO OPERATE A PRIVATE SCHOOL AT 2400 FE"'TON STREET
WITHIN THE EASTLAKE BUSlJI.t;SS CE"'TER
This being the time and place as advertised. Mayor Horton declared the public hearing opened. There was no one
wishing to speak. The public hearing was nol closed.
lIfSUC (Rindone/Ale,'y) to continue the public hearing to 7/11/95.
18. PUBLIC HEARING PCS.9S.0S: TE"'TATIVE SUBDIVISION MAP FOR PARCEL R.28, TRACT
95-05, INVOL VING DEVELOPME"'T OF 51 DETACHED C01\'DOllfINlUlIf DWELLINGS AND LOCA TED
WITHIN THE EASTLAKE GREENS PLA"'1\t;D CO~llIfUNlTY . EASTLAKE DEVELOP1\lE"''T
COMPANY -The proposal is 10 subdiVIde 6.0 acres of land into nine lots. four residential lots and five open space
lOIs, and develop a gale.guarded residenlial communily of 5 J detached single. family condominium dwellings. The
projecl sile is localed along the north side of Clubhouse Drive belween Greensview Drive and Hunte Parkway within
lhe EaslLake Greens Planned COmmunlly. The proJecl, as conditioned. is in compliance with the ustLake Greens
SPA and PC Dislricl regulalions. Staff recommends approval of Ih. resolution. (Director of Planning)
~
RESOLUTION 17935 APPROVING A1\'D IMPOSING C01\'DITJONS ON THE TE"''TATlVE
SUBDIVISION MAP FOR EASTLAKE GREENS UNIT 28, TRACT 95.05, MAKING THE l'\t;CESSARY
FINDINGS A"''D READOPTING THE 1\1IT1GA TED "'t;GA TI\'E DECLARA T10N A"''D THE MITIGA T10N
MONITORING Al'\'D REPORTING PROGRAM FOR 15.94-19
This being lbe lime and place as advertised, Mayor !"forton declared the public hearing opened. Addressing Council
were:
Michael Dunham, 9191 Towne Cenler Drive, No. LIOI, San Diego, Vice Presidenl of Operations for Califomia
Pacific Homes. They were excited about being in EaslLake and supported starrs recommendaliOD.
There being DO further public commenls. Mayor Horton declared the public hearing closed.
Councilman Alevy staled thaI the company he was employed wilh does business regularly wilh California Pacific
Homes so he would be abstaining; he Jefllhe dias.
Councilman Rindone asked what was a single family detached condominium.
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June 20. 1995
Page 9
Assistant Planning Direclor, Ken Lee, respondt<lthat this was a single family dwelling product with the two car
. garage includt<l. The private street area and landscaping are all part of a common area in terms of maintenance.
Each home is an individual home with no specific lot line. Each home has an attacht<l aarage. You are not looking
at individual parcels but a common parcel. In this case, they are broken inlo phases.
Councilman Rindone asked ifbe could be provided with an illustration to update him so he could see the difference.
RESOLUI'ION 17935 OFFERED BY COUNCILMAN RINDONE. reading of the texl was waived, passed.
and approved 4-0-0.1 (A levy abstained),
ORAL COMl\fUNICATIONS
Maria Moya, 272 E. Oneida Street, Chula Vista, 91911. She stated that on June 19 she was issued a Notice of
Correction regarding a fence on the east side of her property. The reason for the Notice was that they didn't meet
the requirements for having a pool and that Iype of fence. She has had the 1'001 for over twelve years which the
City approved the plans for the pool. Her question w.. why after twelve years did the City inspector decide the
fence was not in compliance. The inspector was very vague as to what corrections needt<l to be made.
Mayor Horton directed her to Armando Buelna. the Assistant to Mayor and Council; to get her name, address, and
phone number. She requested that staff come back with a report regarding her situation.
Rodrigo Viesca, 276 Fourth Avenue, Chula Vista, 91910, President of the Employees Association. He informed
Council that CVEA on Friday, June 16, took a vote to ratify the contract between the City and CVEA,
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BOARD A!\'D COMMISSION RECOMl\fE!\'DA TIONS
19. REPORT SELECT RECOl\ll\fEl>.'DAT10NS FROl\! THE GROWTH MANAGEMENT
OVERSIGHT COMl\lISSION'S (GMOC) 1994 AN1\.lJAL REPORT PERT AINING TO THE FISCAL YEAR
1995/96 BUDGET -On 611/95. the GMOC flnaliz.ed lis 1994 Annual Report to Council and identifit<l several of
its recommendallons which have potential for budget and/or staffmg implications during fiscal year 1995/96. The
GMOC felt It was important that Council receive the report pnor 10 clOSIng deliberations on the fiscal year 1995/96
budget. It is recommendt<l that Council direcl staff 10 relurn with a specific work program which addresses the
proposed timing for responding to the GMOC's concerns in conjunction with tbe CouncillGMOC workshop 10 be
held in late July. (Growth Management Oversight Commission)
Tris Hubbard. Chairman of Ihe Growth Management Oversight Commission. presented recommendations from
GMOC's 1994 Report. The Report has been reviewed and approved by Ihe PlaMing Commission. GMOC looked
forward to meeting with Council in July to review the full report. He highlighled the items which could possibly
have budget implications. Threshold compliance has been met assuring quality of life standards for eighl of Ibe
eleven service areas which GMOC reviews. The service areas not in compliance were police, fire, and emergency
medical services. It should be noted that police response to calls were only 2.2 ~ below standard and did show
improvement over lhe previous year's report. Fire EMS did nol meel standards which was primarily dlle 10 a
change in the recording syslem of monitoring calls. Based on Ihat informalion. it is GMOC's recommendation Ihat
the compllter aided dispatch and records management system, otherwise known as Ihe CAD RMS system be
budgeted and inslallt<l in the 1995/96 fiscal year for police and fire EMS IIse.. The system will provide both police
and fire persoMel with immediale detail 10 expt<lile Iheir calls, and it will enable police and fire persoMel to
complete written reports in abollt half Ihe time now being spent.
Mayor Horton felt Ihat the Planning Commission should also participate in this workshop.
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E"X#/BI/(j
RESOLUTION NO. 17618
.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AND IMPOSING AMENDMENTS AND
CONDITIONS ON THE EASTLAKE II (EASTLAKE I EXPANSION)
GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS
SECTIONAL PLANNING AREA (SPA) PLAN, EASTLAKE GREENS
AIR QUALITY IMPROVEMENT PLAN, EASTLAKE GREENS
WATER CONSERVATION PLAN AND EASTLAKE GREENS
MASTER TENTATIVE SUBDIVISION MAP (PCS-88-3) AND
ADOPTING MITIGATED NEGATIVE DECLARATION ON 15-94-19
AND MITIGATION MONITORING AND REPORTING PROGRAM
I. RECITALS
A. Project Site
WHEREAS. the properties which are the subject matter of this resolution are
diagrammatically represented in Exhibit 1 and 2 attached hereto and
incorporated by this reference. identified as the EastLake General Development
Plan Area and EastLake Greens SPA Plan Area. and located in part in the City
of Chula Vista ("Project Site"1 and,
.
B.
Project; Application for Discretionary Approval
WHEREAS. on March 21, 1994, the EastLake Development Company
("Developer") filed applications for an amendment to: 11 the EastLake II
(EastLake I Expansion) General Development Plan, known as document number
C094-183. a copy of which is on file in the office of the City Clerk. 2) the
EastLake Greens Sectional Planning Area Plan. known as document number
C094-184. a copy of which is on file in the office of the City Clerk. 31 the
EastLake Greens Air Quality Improvement Plan. known as document number
C094-18 5. a copy of which is on file in the office of the City Clerk, 41 the
EastLake Greens Water Conservation Plan, known as document number C094-
186, a copy of which is on file in the office of the City Clerk. and 5) the
EastLake Greens Master Tentative Map, known as document number C094-
187, a copy of which is on file in the office of the City Clerk. ("Project"l; and,
C.
Prior Discretionary Approvals
.
WHEREAS. the development of the Project Site has been the subject matter of
11 a General Development Plan, EastLake II (EastLake I Expansionl Ganeral
Development Plan previously approved by City Council Resolution No. 15198
("GDP"I; 21 the EastLake Greens Sectional Planning Area Plan, previously
adopted by City Council Resolution No. 15199; (SPAI -and 31 a Tentative
Subdivision Map previously approved by City Council Resolution No. 15200
(TSMI Chula Vista Tract 88-3. all approved on July 18, 1989; and. 41 an Air
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Resolution No. 17618
Page 2
Quality Improvement Plan (Eastlake Greens Air Quality Improvement Plan) and
5) a Water Conservation Plan (EastLake Greens and Water Conservation Plan).
both previously approved by the City Council on November 24, 1992. by
Resolution No. 16898; and
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D. Planning Commission Record on Application
WHEREAS. the Planning Commission held an advertised public hearing on said
project on July 27, 1994, and voted to recommend that the City Council
approve the Project. based upon the findings and subject to the conditions
listed below.
E. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing was held before the City
Council of the City of Chula Vista on August 16. 1994. on the Discretionary
Approval Applications. and to receive the recommendations of the Planning
Commission, and to hear public testimony with regard to same; and.
F. Discretionary Approvals Ordinances
WHEREAS, at the same City Council meeting at which this Resolution was
approved (August 16. 1994). the City Council of the City of Chula Vista
approved for first reading Ordinance No. 2600 prezoning 22.7 acres of
unincorporated land to P-C (Planned Community) and Ordinance No. 2601
amending the Eastlake II (Eastlake I Expansion) Planned Community District
Regulations Land Use District Map.
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NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find. determine
and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this project held on July 27, 1994, and the minutes and resolutions
resulting therefrom, are'hereby incorporated into the record of this proceeding.
III. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED; MITIGATION
MONITORING AND REPORTING PROGRAM; FINDINGS; APPROVALS
A. Mitigated Negative Declaration
The City Council of the City of Chula Vista has reviewed, analyzed and
considered Mitigated Negative Declaration on IS-94-19, known as document
number C094-180. a copy of which is on file in the office of the City Clerk,
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Resolution No. 17618
Page 3
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and comments thereon. the environmental impacts therein identified for this
project and the Mitigation Monitoring and Reporting Program ("Program").
known as document number C094-181. li copy of which is on file in the office
of the City Clerk. thereon prior to approving the Project. Based on the Initial
Study and comments thereon. the Council finds that thera is no substantial
evidence that the Project will have a significant effect on the environment and
thereby approves the Mitigated Negative Declaration.
B.
Mitigation Monitoring and Reporting Program
The City Council of the City of Chula Vista finds that the significant
environmental effect(s) identified in the Mitigation Negative Declaration will be
reduced to below a level of significance if the mitigation measures in the
Mitigation Monitoring and Reporting Program are implemented. The Mitigation
Monitoring and Reporting Program is hereby approved to ensure that its
provisions are complied with.
IV.
CERTIFICATION OF COMPLIANCE WITH CEQA
.
The City Council does hereby find that the Mitigated Negative Declaration on IS-94-19
and Mitigation Monitoring and Reporting Program have been prepared in accordance
with requirements of the California Environmental Quality Act. the State EIR
Guidelines. and the Environmental Review Procedures of the City of Chula Vista.
V.
INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council finds that Mitigated Negative Declaration IS-94-19 reflects the
independent judgment of the City of Chula Vista City Council.
VI. GDP FINDINGS
A. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL
DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE
CHULA VISTA GENERAL PLAN.
The amended EastLake II (EastLake I Expansion) General Development Plan
reflects land use densities and circulation system design .that are consistent
with the Chula Vista General Plan Land Use and Circulation Elements.
B. A PLANNED COMMUNITY DEVELOPMENT CAN BE INITIATED BY
ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS
WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED
COMMUNITY ZONE.
.
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Resolution No. 17618
Page 4
A SPA Plan has already been approved for the development of the planned
community and amendments thereto conforming to the amended GDP are
included in the Project.
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C. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH
DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF
SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN
HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER
OF THE SURROUNDING AREA. AND THAT THE SITES PROPOSED FOR PUBLIC
FACILITIES, SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS, ARE
ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR
ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION
THEREOF.
The residential densities and transfers reflected on the amended GDP are
compatible with the pattern and character of development approved with the
original GDP. and can be adequately served by the public facilities incorporated
therein.
D.
INTHE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES. THAT SUCH
DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVER-ALL
DESIGN TO THE PURPOSE INTENDED; THAT THE DESIGN AND
DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR
INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY;
AND. THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS
ESTABLISHED BY THIS TITLE.
)
-.
The amendments do not involve areas planned for industrial or research uses.
E. IN THE CASE OF INSTITUTIONAL. RECREATIONAL. AND OTHER SIMILAR
NONRESIDENTIAL USES. THAT SUCH DEVELOPMENT WILLBE APPROPRIATE
IN AREA. LOCATION AND OVER-ALL PLANNING TO THE PURPOSE
PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY
ADVERSE EFFECTS FROM SUCH DEVELOPMENT.
The amendments to the trails program will contribute to a less hazardous and
thus improved recreational amenity which will have less potential to conflict
with surrounding devalopment.
F. THE STREETS AND THOROUGHFARES PROPOSED ARE SUITABLE AND
ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The revised alignment of E. Orange Avenue reflected on the amended GDP is
consistent with the elignment approved with the recent General Plan
Amendment for the area.
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
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Resolution No. 17618
Page 5
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ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE
ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH
PROPOSED LOCATION(S).
The amendments do not involve areas planned for commercial uses.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND
ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID
DEVELOPMENT.
The amendments are consistent with the previously approved plans and
regulations applicable to surrounding areas.
VII. SPA FINDINGS
A.
THE SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN CONFORMITY
WITH THE EASTLAKE II (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT
PLAN AND THE CHULA VISTA GENERAL PLAN.
.
The amended EastLake Greens Sectional Planning Area Plan reflects land use,
circulation system, and public facilities that are consistent with the EastLake
II (EastLake I Expansion) General Development Plan and the Chula Vista General
Plan.
B.
THE EASTLAKE GREENS SECTIONAL PLANNING AREA PLAN, AS AMENDED
WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE
INVOLVED SECTIONAL PLANNING AREA.
The SPA Plan, as amended allows, in the context of market demand a more
logical transition of construction within the EastLake Greens Planned
Community, consistent with the phasing of internal and external infrastructure,
and the amendments have been found to be consistent with the EastLake II
(EastLake I Expansion) Public Facilities Financing Plan, Air Quality Improvement
Plan, and Water Conservation Plan.
C. THE OTC SECTIONAL PLANNING AREA PLAN AS AMENDED WILL NOT
ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT,
CIRCULATION, OR ENVIRONMENTAL QUALITY.
The land uses within the EastLake Greens SPA area represent the same uses
approved by the EastLake II (EastLake I Expansion) General Development Plan.
VIII. TENTATIVE SUBDIVISION MAP FINDINGS
.
A.
Pursuant to Government Code Section 66473.5 of the Subdivision Map Act,
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Resolution No. 17618
Page 6
-.l.,
the City Council finds that the Tentative Subdivision Map as conditioned herein
for EastLake Greens. Chuta Vista Tract No. PCS-88-3 isin conformance with
the elements of the City's General Plan. based on the following:
a. land Use Element
The General Plan designates the EastLake Greens residential areas for
low-Medium 13-6 du/ac) density development. The proposed addition
of 22.7 acres at the mid-point of the Low-Medium density range 14.5
du/ac) is consistent with the previously approved land use intensity.
The project. as conditioned, provides a wide landscape buffer along the
north side of E. Orange Avenue. in conformance with landform grading
and scenic highway principles of the General Plan.
b. Circulation Element
All of the on-site and off-site public streets required to serve the
subdivision will be constructed or DIF fees paid by the developer in
accordance with the EastLake Greens Public Facilities Financing Plan and
Development Agreement.
Bicycle paths have been incorporated within the EastLake Greens
community area and will be constructed as part of the project.
..-..l
c. Housing Element
The proposed project will provide a minimum of.' 0% affordable housing
including a mix of housing types and lot sizes for single-family,
townhouses. condominium and various apartment densities that will
provide a wide spectrum of housing prices for persons of various
incomes.
d. . Parks and Recreation Element
The subdivision will provide approximately 37.4 ecres of improved
community and neighborhood parks in accordance with locations and
standards of the General Plan. The required park acreage for EastLake
Greens is 26.6 acres.
e. Public Facilities Element
The project is obligated in the conditions of approval to participate in
providing the water facilities. wastewater facilities and drainage facilities
required by the policies of the General Plan.
Public building sites are included within the subdivision; however, these
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Resolution No. 17618
Page 7
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sites will not be affected by the proposed amendment.
f.
Open Space and Conservation Element
The proposed subdivision is in conformance with the goals and policies
of the General Plan element for this site.
g. Safety Element
The project site is considered a seismically active area, although there
are no known active faults on or adjacent to the property. The fire
protection facilities and services needed to serve the project have been
reviewed by the Fire Department. Other emergency service agencies
have reviewed the proposed subdivision for conformance with safety
policy. The Project. as amended, will not increase the need for
additional police and fire personnel.
h.
Noise Element
.
Noise mitigation measures included in the Environmental Impact Report
SEIR-86-04 and Mitigated Negative Declaration IS-94-19 adequately
address the noise policy in the General Plan. All dwelling units within
the project will be required to be designed so as to not exceed the
interior noise level of 45 dBA. Additionally, all exterior private open
space will be shielded by a combination of earth, berm, wall. and/or
buildings to achieve a 65 dBA noise level for outside private areas.
B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies
that it has considered the effect of this approval on the housing needs of the
region and has balanced those needll against the public service needs of the
residents of the City and the available fiscal and environmental resources.
C. The configuration, orientation and topography of the site partially allows for the
optimum siting of lots for passive or natural heating and cooling opportunities
as required by Government Code Section 66473.1.
D. The site is physically suitable for residential development and the proposal
conforms to all standards established by the City for such projects.
X. GENERAL CONDITIONS OF APPROVAL
The approval of the foregoing Discretionary Approvals Amendments which are stated
to be conditioned on "General Conditions" are hereby conditioned as follows:
A. Project Site is Improved with Project
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Resolution No. 17618
Page 8
Developer, or their successors in interest, shall improve the Project Site with
the Project as described in the Mitigated Negative Declaration, except as
modified by this Resolution.
I
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B. Implement Mitigation Measures
Developer shall diligently implement, or cause the implementation of, all
mitigation measures pertaining to the Project identified in the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program.
C. Implement the Mitigation Monitoring and Reporting Program
Developer shall implement, or cause the implementation of, all portions of the
Mitigation Monitoring and Reporting Program pertaining to the Project and
Mitigated Negative Declaration IS-94-19 .
D. Update Documents
Twenty-five (25) copies of replacement pages. exhibits, maps and plans
reflecting the amendments approved herein shall be submitted to the Planning
Department within two weeks of approval of this resolution.
XI.
SPECIAL CONDITIONS OF APPROVAL
~
A. Sectional Planning Area (SPA) Plan
1. Final assessment and determination of parkland requirements for single
family detached condominium developments shall be conducted during
the Design Review and/or Tentative Map processing stage of each
individual project. Updated cumulative parkland data shall be submitted
with each development proposal to the Director of Parks and Recreation
for review and approval.
2. Final Golf Course Trail and Golf Course Vista Point design shall be
subject to review and approval by the Director of Parks and Recreation
and the Director of Planning. Detailed design information for the .Vista
Points. shall be submitted for review in conjunction with the associated
parcels within which they are located. Said .Vista Points. shall be
improved prior to or concurrently with each development proposal.
B. Tentative Subdivision Map Conditions
Prior to approval of the associated/applicable final map. unless otherwise
indicated, the developer shall:
GENERAL/PRELIMINARY
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Resolution No. 17618
Page 9
.
1.
. Comply with all unfulfilled condition of approval of the Eastlake Greens
Tentative Map, Chula Vista Tract 88-3 established by Resolution No.
15200 approved by Council on July 18, 1989.
2. If phasing is proposed within an individual map or through multiple final
maps, submit and obtain approval for a development phasing plan by the
City Engineer and Director of Planning prior to approval of any final map
which includes phasing. Improvements, facilities and dedications to be
provided with each phase or unit of development shall be as determined
by the City Engineer and Director of Planning. The City reserves the
right to conditionally approve each final map with the requirement to
provide improvements, facilities and/or dedications as necessary to
provide adequate circulation and to meet the requirements of police and
fire departments. The CityErigineer and Planning Director may, et their
discretion, modify the sequence of improvement construction should
conditions change to warrant such revision.
STREETS. RIGHTS.OF.WAY AND IMPROVEMENTS
3. Dedicate on-site and off-site street right-of-way for the construction of
East Orange Avenue from its intersection with Hunte Parkway to the
westerly subdivision boundary.
.
4.
Design southerly knuckle on Street PP to conform to City design
standards.
5. Provide to the City a letter from Otay Municipal Water District indicating
that the assessments/bonded indebtedness for all parcels dedicated to
the City have been paid or that no assessments exist on the parcel(s).
6. Present written verification to the City Engineer from Otay Water District
that the subdivision will be provided adequate water service and long.
term water storage facilities.
7. Grant to the City a 10-foot wide utility easement adjacent to the street
right-of-way within the open space lots in Units 4,10,12,15,18,21-
23, 26, 27, 30, 31, or as approved by the City Engineer.
8. Construct an 8' wide sidewalk for the Golf Course Neighborhood Trail
as shown on the EastLake Greens Trails Plan along the following streets:
a. South Greensview Drive - from Clubhouse Drive to Hunte
Parkway.
b. Hunte Parkway - from So. Greensview Drive to the southerly
boundary of Unit 27.
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Resolution No. 17618
Page 10
c.
Clubhouse Drive - along the northerly boundary of Clubhouse
Drive.
-!
Provide additional right-of-way and/or easements as required by the City
Engineer for installation of utilities, street lights, and fire hydrants.
9. Provide for the maintenance of the proposed sewer pump station on
East Orange Avenue in accordance with Council Policy # 570-03
adopted by Resolution 17491, and the Agreement to Provide Sewer
Pump Station Maintenance for the Eastlake Greens and amendments
thereto.
10. Construct South Greensview Drive from the southeasterly limits of Unit
20 to the easterly limits of Unit 38 as shown on the approved revised
tentative map when the Average Daily Trips measured on Silvera do
immediately south of Clubhouse Drive exceeds 1200.
11. Prior to the approval of each final map for the subject development
acquire all off-site right-of-way necessary for the installation of the
required improvements for that subdivision. Notify the City at least 60
days prior to consideration of a Final Map by City if off-site right-of-way
cannot be obtained for the improvements. (Only off-site right-of-way or
easements affected by Section 66462.5 of the Subdivision Map Act are
covered by this condition).
~
After said notification the developer shall:
a. Have all easements and/or right-of-way documents and plats
prepared and appraisals complete which are necessary to
commence condemnation proceedings.
b. Deposit with the City the estimated cost of acquiring said right-
of-way or easements. said estimate to be approved by the City
Engineer.
c. Pay the full cost, both direct and indirect, of acquiring off-site
right-of-way or easements required.
The requirements of a,b and c above shall be satisfied prior to approval
of the final map for which the off-site right-of-way or easements are
required.
All off-site requirements which fall under the purview of Section
66462.5 of the State Subdivision Map Act will be waived if the City
does not comply with the 120 day time limitation specified in the
section of the Act.
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Resolution No. 17618
Page 11
(This condition supersedes Condition of Approval No. 19 for the
Eastlake Greens Tentative Map approved by City Council Resolution No.
15200).
12.
Street sections shall be revised to reflect current street design
standards. Street design standards shall be applicable to future streets.
GRADING/DRAINAGE
13. Obtain easements in favor of City for off-site detention basin and storm
basin near East Orange/Hunte Parkway intersection as required by City
Engineer.
14. Grade 20 foot wide landscape buffer along East Orange Avenue at 5:1
ratio.
15. Relocate detention basin storm drain outlet beyond toe of southerly
slope of East Orange Avenue grading.
16. Provide energy dissipators at all storm drain outlets as required by the
City Engineer to maintain non-erosive flow velocities.
~
17. Design and line desilting basins with concrete to the satisfaction of the
City Engineer.
18. Provide an updated soils report or an addendum to the original document
prepared by a registered engineer. as required by the City Engineer.
OPEN SPACE/ASSESSMENTS
19.
Agree to grant in fee to the City public access easements over paved
walkways to Golf Course Trail, vista points as approved by the City
Engineer and the Director of Parks & Recreation Department.
20.
Request annexation into Eastlake Maintenance District #1 of all areas
within the tentative map boundary not currently included in the district
prior to approval of the first final map which includes said areas.
Deposit $3.000 to initiate annexation proceedings. Pay all costs of
proceedings.
21.
Grant in fee to the City all open space lots shown on the approved
tentative map to be granted to the City and execute and record a deed
for each lot.
22.
Submit a list of all facilities located on open space lots proposed to be
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Resolution No. 17618
Page 12
maintained by the existing Eastlake Maintenance District No.1. This list
shall include a description, quantity and unit price per year for the
perpetual maintenance of all facilities located on open space lots to
include but not be limited to: walls, fences, water fountains, lighting
structures, paths, access roads, drainage structures and landscaping.
Only those items on an open space lot are eligible for open space
maintenance. Each open space lot shall also be broken down by the
number of acres of turf, irrigated, and non-irrigated open space to aid
the estimation of a maintenance budget thereof.
~.
23. Design landscape buffer for erosion control adjacent to the right.of.way
of East Orange Avenue with plant species requiring no permanent
irrigation and maintain/replace plantings as necessary for an
establishment period of one year or as extended by the City Landscape
Architect, City Engineer and Director of Parks & Recreation. Prior to
approval of the preliminary landscaping plans, which include portions of
or the entire landscape buffer, provide to the City a bond in an amount
approved by the City Landscape Architect to guarantee installation
maintenance of said landscaping.
24. Pay additional fees on a fair.share basis into the Assessment District
Numbers 90-3, 91-1 or other applicable assessment districts due to
additional units approved subsequent to District formation.
25. Make payment to reduce the debt on any parcels whose density is lower
than assumed for the assessment districts at the time of District
formation.
......"
26. Pay all costs associated with apportionment of assessments for all City
assessment districts as a result of subdivision of lands within the project
boundary. Request apportionment and provide a deposit to the City
estimated at $40/unit/district to cover costs prior to approval of a final
map for the unit being finaled.
27. Prepare a disclosure form to be signed. by the home buyer
acknowledging that additional fees have been paid into the Assessment
District or the Transportation DIF Fund, and that these additional fees
are reflected in the purchase price of the home for those units which
have a density change from that indicated in the assessment district's
Engineer's Report.
28. Submit all disclosure forms for the approval of the City Engineer.
29. The configuration of open space lot "ODD" shall be maintained as
originally approved.
30. The Tentative Subdivision Map shall be revised to incorporate a 75'
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Resolution No. 17618
Page 13
I.
wide (average) landscape buffer along the north side of East Orange
Avenue.
31.
The 75' wide landscape buffer along East Orange Avenue shall be
graded in accordance with City landform grading principles and shall be
subject to review and approval by the City Landscape Architect. A
landscape plan(s) for the subject scenic highway buffer shall be
submitted to the City Landscape Architect prior to or concurrently with
the first Tentative Subdivision Map or other site plan review application
submitted for Parcel R-10 or R-12.
AGREEMENTS
Enter into an agreement with the City whereby the developer agrees to:
.
32. Defend, indemnify and hold harmless the City and its agents, officers
and employees, from any claim, action or proceeding against the City,
or its agents. officers or employees to attack, set aside, void or annul
any approval by the City, including approval by its Planning Commission,
City Councilor any approval by its agents, officers, or employees with
regard to this subdivision provided the City promptly notifies the
subdivider of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
33. Hold the City harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this project.
34. Insure that all franchised cable television companies (.Cable Company.)
are permitted equal opportunity to place conduit and provide cable
television service to each lot within the subdivision. Restrict access to
the conduit to only those franchised cable television companies who are,
and remain in compliance with. all of the terms and conditions of the
franchise and which are in further compliance with all other rules,
regulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or may
from time to time be issued by the City of Chula Vista.
35. Comply with the terms and conditions of the AcquisitionlFinancing
Agreement for Assessment district 94.1, CO 94-064, app{oved by
Council Resolution R17483 as said terms and conditions may be
applicable to this development.
MISCELLANEOUS
36. Tie the boundary of the subdivision to the California System -Zone VI
(19831.
.
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Resolution No. 17618
Page 14
37. Submit copies of Final Maps in a digital format such as (OX F) graphic file
prior to approval of each Final Map. Provide computer aided Design
(CAD) copy of the Final Map based on accurate c'oordinate geometry
calculations and submit the information in accordance with the City
Guidelines for Digital Submittal in duplicate on 5.1/2 HD floppy disk prior
to the approval of each Final Map.
~
38. Update the Eastlake Greens Public Facilities financing Plan as required
by Chapter V of said approved document.
39. Fire hydrants shall be installed and operable end fire access roads shall
be usable prior to delivery of any combustible construction materials.
40. A wildland fuel modification program may be required on interface areas
between residences and open space.
XII. CODE REQUIREMENT REMINDERS
1. Comply with all applicable sections of the Chula Vista Municipal Code.
Preparation of the Final Map end all plans shall be in accordance with the
provisions of the Subdivision Map Act and the City of Chula Vista current
standards, Subdivision Ordinance and Subdivision Manual.
~
2. Fire flow of 1,000 gpm shall be maintained within the Project area.
3. Fire Department access roads shall be a minimum of 20' wide and constructed
with an all.weather driving surface.
XIII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny or further condition issuance of all
future building permits, deny. revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted. institute and prosecute
litigation to compel their compliance with said conditions or seek damages for their
violetion. No vested rights are gained by Developer or a successor in interest by tha
City's approval of this Resolution.
XIV. NOTICE OF DETERMINATION
The City Council directs the Environmental Review Coordinator to post a Notice of
Determination and file the same with the County Clerk.
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XV. INVALIDITY; AUTOMATIC REVOCATION
Resolution No. 17618
Page 15
It is the intention of the City Council that its adoption of this Res.olution is dependent
upon the enforceability of each and every term, provision and condition herein stated;
and that in the event that anyone or more terms, provisions or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable,
this resolution shall be deemed to be automatically revoked and of no further force and
effect ab initio.
Presented by
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Robert A. Leiter
Director of Planning
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City Attorney
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Resolution No. 17618
Page 16
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Resolution No. 17618
Page 17
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Resolution No. 17618
Page 18
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 16th day of August. 1994, by the following vote:
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YES:
NOES:
Councilmembers:
Fox, Horton. Moore, Rindone, Nader
Council members:
None
ABSENT:
Councilmembers:
None
ABSTAIN:
Councilmembers:
None
?'"" - /1 ~./
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Tim Nader, Mayor
ATTEST:
~p~t (}~~1
Beverly . Authelet, City Clerk
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STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA)
I, Beverly A. Authelet. City Clerk of the City of Chula Vista. California, do hereby certify that
the foregoing Resolution No. 17618 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 16th day of August,
1994.
Executed this 16th day of August. 1994.
~//;;(J a-;-d?&
Beverly A Authelet, City Clerk
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f\ugust-16, 1994
P.ge 4
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parcels of the EastLake Greens General Plan Amendment which take access from the internal circulation of the
EastLake Greens Planned Community (northeast of the SDG&E transmission lines); (2) Improve the apatial and
Anctional re. lationship of residential density/product distribution within the EastLake Greens Planned Community
wPea; and (3) Update the EastLake Greens SPA Plan and supplementary documents to reflect current statistics and
technical reflllements based on site plan approvals and market considerations. Staff recommends Council place the
ordinances on first readina and approve tbe resolution. (Director of Planning)
A. ORDINANCE 2600 APPROVING THE PREZONlNG OF 22.7 ACRES OF UNINCORPORATED
LAND TO P.C PLANNED COMJ\fiJNITY AND ADOPTING MITIGATED /liEGATlVE DECLARATION
ON IS.!l4-1!l AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO llirst readin~l
B. ORDINANCE 2601 APPROVING AMENDMENTS TO THE EASTLAKE II (EASTLAKE I
EXPANSION) PLANNED COMJ\fiJNITY DISTRICT REGULATIONS (LAND USE DISTRICT MAP ONLY)
AND ADOPTING MITIGATED NEGATIVE DECLARATION ON IS-!l4-1!l AND MITIGATION
MONITORING AND REPORTING PROGRAM THERETO llirst readin~l
C. RESOLUTION 17618 APPROVING AND IMPOSING AMENDMENTS AND CONDITIONS ON
THE EASTLAKE II (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT PLAN, EASTLAKE
GREENS SECTIONAL PLANNING AREA PLAN, EASTLAKE GREENS AIR QUALITY IMPROVEMENT
PLAN, EASTLAKE GREENS WATER CONSERVATION PLAN AND EASTLAKE GREENS MASTER
TENTATIVE SUBDIVISION MAP AND ADOPTING MITIGATED NEGATIVE DECLARATION OFIS.!l4-
1!l AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO
Ken Lee, Assistant Director of Planning, summarized the issues involved with the project. Condition 8C of the
ordinance referred to the north side of parcel R27 (trail system) and should be corrected to read the north side of
Clubhouse Drive.
· · · Councilmember Horton arrived at 6:26 p.m. · . .
Mayor Nader stated tbe Resource Conservation Commission minutes should have been included in the packet. He
bad read the minutes wbich. reflected a S-O vote for the mitigated negative declaration.
es beina the time and place'as advertised, the public hearing was declared open.
· Bruce Sloan, 900 Lane Avenue, #100. Chula Vista, CA, representing EastLake Development Company,
concurred witb tbe staff recommendations.
There beina no' further public testimony. the public hearing was closed.
ORDINANCES 2600 AND 2601 PLACED ON FIRST READING AND RESOLUTION 17618 OFFERED BY
COUNCD..MEMBER HORTON, reading of the lexl was waived, passed and approved unanimou.~ly.
13. PUBLIC HEARING CONSIDERATION OF PROGRAM CHANGES OF RESIDENTIAL YARD
WASTE RECYCLING SERVICES FROM AN OPTIONS PROGRAM TO A UNIVERSAL MANDATORY
RATE STRUCTURE - The City's residential yard waste collection program began 111/94 as a unique .options'
program wbicb allows single-family residents the choice of how they will participate, hased on their own assessment
of their yard waste needs. A review of the participation, costs, and revenue of the first six months of the voluntary
"options" proaram sbow that costs are far exceeding revenue and continuation of the program is dependent upon
a rate adjustment 10 cover collection and processina costs. Letters were received from Laidlaw requestina
consideration of an amendment 10 the yard waste fee structure effective 9/1/94 whicb would involve a chanae to
a universal mandatory rate structure to be apread to all sinale.family residents. Staff recommends approval of the
resolution. (Deputy City Manager Krempl)
RESOLUTION 1761!l APPROVING A UNIVERSAL RESIDENTIAL YARD
COLLECTION RATE CHANGE TO 51.48 PER SINGLE.FAMD..Y HOME
WASTE
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RESOLUTION NO. 17982
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING A PROGRAM FOR THE PROVISION OF
AFFORDABLE HOUSING WITHIN THE EASTLAKE PLANNED
COMMUNITY; AMENDING RESOLUTION NO. 15200 AND
APPROVING AN AFFORDABLE HOUSING AGREEMENT
I. RECITALS
A. Project Site.
WHEREAS, the area of land which is the subject matter of this resolution is
diagrammatically represented in Exhibit A attached hereto and incorporated
herein by this reference, which is composed of what is commonly referred to
as the planned community of EastLake Phases II, 111 and the Land Swap Parcels
("Project Site"); and,
B.
Project.
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WHEREAS, the EastLake Affordable Housing Task Force has recommended that
the City Council consider the adoption of the Affordable Housing Program for
the Project Site (known as Document No. C095-119 on file in the Office of the
City Clerk); and,
C.
Developer.
WHEREAS, a person having control over all or a portion of the development of
the Project Site is identified as EastLake Development Company ("Developer");
and,
D.
Prior City Council Action.
"
.
WHEREAS. On July 18, 1989, the City approved a Master Tentative Map, for
approximately 830 acres located within the- Eastlake Planned Community, by
Resolution Number 15200 ("Eastlake Greens Original Tentative Map").
Condition Number 44 of Resolution 15200 required that a low and moderate
income housing program be established with a goal of providing 5% low and
5% moderate income housing units within the Eastlake Greens Tentative Map
area ("Affordable Housing Req\lirementU). (A 1 % deviation resulting in 4% low
and 6% moderate income housing was originally considered acceptable.) The
City deferred the Affordable Housing Requirement pending further evaluation
of the General Plan density policies as related to parcels R.24, R.25, R-26, R-27
and R-28; and,
-.
WHEREAS, the City Council, as a Condition of Resolution No. 17309 adopted
December 12, 1993, for General Plan Amendment GPA-93-04 ("GPA-93.04 "),
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Resolution No.1 7982
Page 2
reinstated the Affordable Housing Requirement previously esteblished by
Condition No. 44 of Resolution No.1 5200; and.
\.~
WHEREAS. the City Council. resolved per Resolution No.1 7309. to create an
ad hoc EastLake Affordable Housing Task Force ("Task Force") for the express
purpose of creating an affordable housing implementation program for the
Project Site; and.
WHEREAS. on August 16. 1994. the City Council amended by Resolution No.
17618. the Eastlake Greens Original Tentative Map to include an additional
22.7 acres and authorize development of a total of 3192 dwelling units
("Eastlake Greens Tentative Map")
WHEREAS. the proposed Project would serve as the low and moderate income
housing program for the Eastlake Greens Tentative Map area and provide
implementation policies for establishment of affordable housing within the
remaining Project Site; and.
E. Application for Discretionary Approval.
WHEREAS. on December 21. 1994. the Task Force recommended that the City
Council consider the Project for adoption; and.
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F.
Planning Commission Record on Application.
WHEREAS. the Planning Commission held an advertised public hearing on said
project on June 14, 1995. and voted 5-0 (two members.absent) to recommend
that the City Council approve the Project in accordance with Resolution PCM-
95-15. and based upon the findings and subject to the conditions listed below;
and.
,
G. City Council Record of Applications
WHEREAS. a duly called and noticed public hearing waS held before the City
Council of the City of Chula Vista on July 25. 1995. on'the Project and to
receive the recommendations of the Planning Commission, and to hear public
testimony with regard to same; and.
NOW. T~EREFORE, BE IT RESOLVED that the City Council does hereby find, determine
and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this Project held on June 14. 1995. and the minutes and resolutions
resulting therefrom. are hereby incorporated into the record of this proceeding.
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III.
Resolution No.1 7982
Page 3
MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED
Mitigated Negative Declaration.
The City Council of the City of Ch.ula Vista has reviewed, analyzed and considered the
previously approved Mitigated Negative Declaration on 15-95-21 (known as Document
No. C095-120 on file in the Office of the City Clerkl and comments thereon, the
environmental impacts therein identified for this project prior to approving the Project.
Based on the Initial Study and comments thereon, the Council finds that there is no
substantial evidence that the Project will have a significant effect on the environment
and thereby adopts the Mitigated Negative Declaration 15-95.21.
IV. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the Mitigated Negative Declaration on 15-95.21
has been prepared in accordance with requirements of the California Environmental
Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the
City of Chula Vista.
V.
INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council finds that Mitigated Negative Declaration 15.95-21 reflects the
independent judgment of the City of Chula Vista City Council.
VI.
ADOPTION OF PROGRAM
The City Council does hereby approve and adopt the Project on the terms and
conditions herein specified.
VII. AMENDMENT TO EASTLAKE GREENS TENTATIVE MAP
.
The City Council does hereby amend Condition No. 44 of Resolution No. 15200.
adopted July 18, 1989, for the EastLake Greens Tentative Subdivision Map, to read
as follows:
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As soon as pOSSible after the adoption of Resolution No. 17982, but in no event later
than the recordation of tr.c Final Map containing the 1500th unit of this Tentative Map,
the City and the Davelopt. shall have entered into a binding and recordable agreement
("Affordable Housing Agreement") providing that among other things (1 I after the
building permit for the development of the 2,550th unit within the territory of this
Tentative Map, liS amended by Resolution 17618, has been issued, the City shall have
the absolute and unfettered right to withhold the issuance of any building permits for
any construction within the territory of this Tentative Map until the Developer has
under significant construction 160 qualified low income housing units that meet with
the approval of the City; and (2) the Developer shall, without regard to the further and
additional development of the territory of this Tentative Map, have under significant
construction, no later than June 1, 1998, "2 qualified low income housing units that
meet with the approval of the City. Said affordable Housing Agreement shall be
executed by Eastlake Development Company, and an abstract of the same satisfactory
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Resolution No. 17982
Page 4. .
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to the City shall be recorded. The Affordable Housing Agreement shall further provide
that after significant construction commences, it shall be diligently prosecuted to
completion pursuant to plans and agreements approved by the City. Failure to reach
agreement or violation of the Affordable Housing Agreement, once reached shall be
deemed a violation of this condition.
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Developer shall construct 160 moder~te income housing units and provide
documentation satisfactory to the City's Housing Coordinator that such units Qualify
as modarate income housing. The documentation shall be submitted for approval by
the City's Housing Coordinator. no later than three months from the date of sale of
each moderate income housing unit or for units sold prior to the adoption of Resolution
No. 17982, documentation shall be submitted within 5 months from the adoption date
of such Resolution. Developer shall complete construction of the 160 moderate
income housing units prior to the City's approval of the Final Map containing the
3030th unit of this Tentative Map. For purposes of this condition, the term "moderate
income housing units" shall mejln housing units which are offered to Qualified families
whose income levels range from 80-120% of the regional median income. Market-rate
units may be Qualified by the City's Housing Coordinator as moderate income housing
if such market-units meet the definition of moderate income housing.
Except as modified herein. all other Conditions of Resolution No. 15200 shall remain
in full force and effect.
VIII. APPROVAL OF AN AFFORDABLE HOUSING AGREEMENT
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The City Council hereby approves the Affordable Housing Agreement, dated the 25th
day July, 1995 (known as Document No. C095.121 on file in the Office of the City
Clerk), and incorporated herein by this reference. as a means to implement the low
income housing requirement of Condition No. 44 of Resolution No. 15200. The Mayor
of the City of Chula Vista is hereby authorized and directed to execute said agreement
for and on behalf of the City of Chula Vista. ,
IX. IMPLEMENT MITIGATION MEASURES
Developer shall diligently implement. or cause the implementatio"n of, all mitigation
measures pertaining to the Project identified in Mitigated Negative Declaration 15-95-
21. prior to subsequent and appropriate discretionary approvals.
X. CONSEc!UENCE OF FAILURE OF CONDITIONS
If any of the terms or conditions of this approval shall fail to occur, or if they are, by
their terms, to be implemented and maintained over time, end such conditions fail to
be so implemented and maintained according to their terms, the City shall have the
right to revoke or modify ell epprovals herein granted. deny or further condition
issuance of all future building permits. deny, revoke or further condition ell certificates
of occupancy issued under the authority of approvals herein granted, institute and
prosecute litigation to compel their compliance with said conditions or seek damages
for their violation. No vested rights are gained by Developer or a successor In interest
by the City's approval of this Resolution.
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Resolution No.1 7982
Page 5
XI.
NOTICE OF DETERMINATION
The City Council directs the Environmental Review Coordinator to post a Notice of
Determination and file the same with the County Clerk.
XII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent.
upon the enforceability of each and every term. provision and condition herein stated;
and that in the event that anyone or more terms. provisions or conditions are
determined by a Court of competent jurisdiction to be invalid. illegal or unenforceable.
this resolution shall be deemed to be automatically ravoked and of no further force and
effect ab initio.
Presented by
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Robert A. Leiter
Director of Planning
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Resolution No. f 7982
Page 6
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EXHIBIT A
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IASTLAKE NEIOHBORHooDS AND
'URROUNDINO COMMUNITIES
..ft C...k
RaIlCll
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r CHULA VISTA PLANNING DEPARTMENT
CJ ~ Eortlok. ~rdobl. HOlllin; la.'lake AHordablo Ho"""1I 'a.k 'oreo
o Ta.k Force
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ac;.w. I 'U "I.Wfl
NORTH AI I~di.....d P'CM . ,S . , s
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Resolution No. 17982
Page 7
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of July, 1995, by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilla, Rindone, Horton
NA YES: Council members: None
ABSENT: Council members: None
ABSTAIN: Councilmembers: None
4t/Aftt,~~,
Shirl Horton, Mayor
ATTEST:
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,~.WJ;( I (j1.J /J..lf-
Beverly /Ji.. Authelet, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
.
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 17982 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 25th day of July,
1995. -
Executed this 25th day of July, 1995.
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Minutes
July 25, 1995
Page 7
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18. RESOLUTION 17981 INCREASING THE AUTHORIZATION LIMIT FROM $320,000 TO
$400,000 IN THE ORIGINAL AGREE~fENT FOR MATERIAL TESTING SERVICES WITH
LAW/CRANDALL, INC. . On 8/4/92, Council approved an a~reemenl for malerial testing ..,rvices Wllh
Law/Crandall, Inc. The authorization limil was incr..sed from $150,000 to $320,000 hy Council on 3/22/94. The
$320,000 limit is bein& approached, and staff is r"'luesling that it be incr....d to $400,000 so as not to delay the
completion of four major projects currenlly under construction. Staff rocommends approval of the resolulion.
(Director of Public Works)
· · END OF CONSENT CALENDAR. ·
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
19. PUBLIC HEARING GPA-95-04 . CONSIDERATION OF A PROPOSAL TO AMEND THE
GENERAL PLAN LAND USE DIAGRAM FROM OPEN SPACE TO RESEARCH AND LIMITED
MANUFACTURING ON PROPERTY LOCATED NORTII OF "L" STREET, BETWEEN INTERSTATE
5 A"'D THE SAN DIEGO TROLLEY TRACKS - CITY 1I'OITlATED -In 1975. Council rezoned approximately
four acres of property localed at Ihe northeasl <luadrant of 1.5 and 'L' Street to the Limiled Induslrial zone.
However, Ihe Oeneral Plan Land Use DIagram designation Ii" Ihe property remained Open Space. Therefore, the
City is initiating a land us~ r~desiJ;nati()n from Opc:n Sra(,'~ to R~sC:Hn:h ami limilc:d Industrial for consistency with
underlying zoning. Stufr recomm~nd, the Duhlic h~urin" h~ ,'unlinued to 9/5/95. (Director of Planning)
This being the time and place as advertised, the puhlic hearing was declared open.
MSUC (RindonelHurtun) 10 cuntinue Ihe puhlic h~urinM tu the meelinM uf 9/5/95.
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20. PUBLIC HEARING PCM.95-IS. CONSIDERATION OF THE ADOPTION OF THE
EASTLAKE AFFORDABLE HOUSING PROGRAM. In Oel'emher 1993, atier approving an incr..se in density
for two parcels within EastLake Oreens, Council direeled thai an ad hue task Ii"ce he lormed for the purros< of
recommending a comprehensive anordahle housing program ti" the enlire EastLake Planned Community. sian
recommends approval of Ihe resolution. (Direcll" of Planning)
RESOLUTION 17982 ADOPTING A PROGRAM FOR THE PROVISION OF AFFORDABLE
HOUSING WITHIN THE EASTLAKE PLANNED COMMUNITY, AMENDING RESOLUTION NUMBER
15200 A"'D APPROVII'OG AN AFFORDABLE HOUSII'OG AGREEMENT
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Dave Oustafson, Deputy Director of Community Development. stated Council was being asked 10 consider and
adopt a program for affordable housing in EaslLake Ihat was Ihe product uf a unique and collaboralive process.
The lask force engaged in a very significanl puhlic inpul p""'ess. sIan recommended thaI Council adOI'I hath Ihe
Program for Provision for Affordahle Housing in the EastL.ke Planned Communily and Ihe Affordable Housing
Agreement between the Cily and East Lake. He then gave a hrief overview of the nature of affordable housin& and
reviewed slides of existing affordahle housing prqjects currenlly within the Cil)'.
Duane Bazzol, Principal Planner, hi~hlighted the cumpunenls of the proce.., hack~round of the land use actions Ihal
led 10 Ihe formulation of Ihe task ti"ce, the work pro~ram of the task li,,"e, overview of the pro~ram developed,
and aClions recommended by staff. Slaff re"ommended COllncil adOI'I Ihe Negalive Oeclaralion and resolutions.
This being the time and place as advertised, the puhlic h"'trin~ was declared open.
Councilmember Rindone referred to the Discussion section of the report (page 20-2) which included the four aspects
of affordable housing and questioned what value it had in Ihe rocommendation and how it relaled to the proposal
before Council. .
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Councilmember Padilla requested staff reiterale Ihe .our"e of inti"m"li"n fur Item d for the four aspecl. of
affordable housing and disCllSS whether Ihar was hit sed on olher projects louked at.
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Mr. Balchelder responded lhal items a, h, and c dealt with some sli.ma and mis.inti"marion ahout affordahle
housing. The task forc~ found that was malerially importanl hel.:tiu!>;~ Ih~ir own unut!rshtnJinA: in slarling oul in the
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July 25, 1995
Page 8
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.ess was mixed with respect as to what affordable housing was and what some of the real issues were versus
stigma. Tbe up fronl portion of the \ask forces' time was looking at and dispdling myth. They used a variely of
publications produced by bolh the State of California and other documents and materials provided hy South Bay
Community Services. Some of the reports made available by South Bay Community Services also related directly
\0 Item d where IOme agencies, particularly the State of California and other areas of the nation had published
reports which posted occupancy evaluations over time of surrounding pro""rty once affordable housing projects were
built. Through those faclUll surveys the task force determined thatlhere was not a material reduction after the fact
in property values around projects.
. Amy Serrano, 1174 Pacific Orove Loop, Chula Vista, CA, queslioned if Ihe Homeowners Association dues
would go up, if the Mello ROllS would go up, if tbe occupants of the affordable housing would
have privileges to the amenities and who would pay for it. would tbe area he kept up. and if lhe
occupants would be responsihle for maintainingtbe pro""rly.
. Bill Ostrem. representing EastLake Devdopment, responded Ihat tbe Pbase I projecl was not wilhin
EoslLake II Homeowners Association and it was not contemplated that it would be Il,lded inlo the
Association. The facility would not participate in the Homeowner's !i<cilities. They would have
similar facilities on-sit~ to take care of their r~creational n~~c.Js.
. Brendan F. Ward, 1040-0 Baywood Circle. Chula Vista. CA. stated be had heen living in his home for
three weeks and had not seen the plan nor heen notilied. He t.1t he had heen done a great
disservice by EastLake. The Council needed to keep in mind that a corporation was not a
constiluent. He ~e'luested that Council continue the ite", until the majority of the homes had heen
sold and Iislen to the owners rather Ihan a corporation. The)' bad been poorl)' represented hy the"
Associalion member> on the task force. They had done Iillle or nothlOg in maklOg the
homeowners awar< of what was going on, He ,.It the liduclar)' duty of the development company
in making them aware of their future plans had heen hreached. He also 'Iueslioned the impacts
on fees. Mello Roos. and CC&R's. There were sumcient low income housing opportunities
currently wilhin the City. All documenls should he made availahle to Ihe homeowners for review.
.or Horton stated every fiye years the City had to revisit the General Plan and parI of that Plan included a
sinK Element. Within the Housina: Element it was mamlatory for the (.h::\'dop~r huilJinJ:: in the: eastern areas
\0 provide low/moderate housing.
Mr. Ward replied that he was not anli poor/moderate income. He did not feel it had heen adequatdy explained and
felt those affecl,ed by the project should have an opportunity to examine what research had been done.
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John R. Albiso, 101O-E Baywood Circle, Chula Vista. CA. stated many of his ClIO,'ems had already heen
expressed. He had recently purchased his home and it had not been disclosed to him by the
developer Ihat afforuahle housing wnuleJ he: huill ih:rn~s lh~ !'ilrc~1. Th.: rl:n:~rtion Wft,S lhitt it was
Jow incom~ housing vtrsus affonJahlt housing. A'io )nnl! If,~ thai r~r!'>r~l.:livt c:xi!'>tc:u it would CftUS~
a declint in inttrtst in oth~rs purchasing hOllll:S Hnd d~~rl:i1s~ in pmr~rt)' ""lUes. H~ !:xpresstcJ
concern regarding their quality of life and impacls if Ihe prc~je<t was huil!. The housing should
be placed in areas of Chula Vista where it would have a posilive aft~ct.
Richard A. Edelin, 1005-B Baywood Circle. Chula Vista. CA. stated he was a new home purchaser. His
concerns were not hased on a desire to keel' others from heing able to arrive at what he had but
to help each other in building a stronger community where investments were prolected and there
was an opportunity to help pull each other up. He did nol want to he ""nalized hecause he was
a new homeowner and nol he given the opportunity to participate in the process. He fell they
should be given the opportunily 10 review the sludy and add Iheir conlrihutions. There would be
a dividing line along EastLake Parkway. i.e. those living south of' the Parkway would he memhers
of the Oreens and EastLake 11 Homeowners Association and Ihose renting or purchasing to the
north would not. He fell there would be an aniticial harrier hetween Ihe citizens who should and
could be memhers of the same community and those who would he ahle 10 participale and bendil
from the amenities of EostLake Greens and Ihose who would not. The studenls at Eastuke High
School felt that the quality of education had been impacted in olher areas hy Ihe existence of low
income housing in Ihe neighborhoods of those schools. He re'luested Council allow them to
participale in lhe process.
Dan Marcus, 315 Fourth Avenue, Suite E, Chula Vista. CA, representing South Bay Community Services.
Member of the EostLake Affordable Housin); Task Force, slaled he had volunte.red over 75 hours
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July 25, 1995
Page 9
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during a 6 month period 10 eXlensively study Ihe issue of huilding affordable housing in Easluke.
The public had been included in Ihe process and a puhlic forum was held. The proposal was for
working families that would have to meel stricl requiremenls. screening process and comply wilh
rigid management requirements. Many limes Ihose were more strict than' nonnal privale seclor
aparlments. There was an imhalance ofjnhs and housing in the easlern section of the City. The
shortage of affordahle housing afrected Ihe economy as well as individual families housing
situalions. The number one problem in San Diego County was affordable housing. The State of
California perfonned a study where Ihey reviewed how 15 aftordahle housing developmenls
affected neighhors properly values. Fourteen of Ihe lifteen pr~iecls showed either stable or
increased values. II was his underslanding thai the developer would pay Mello Roos, full properl)'
laxes, and every Ihing else a developer in EaslLake paid. There would also be management thaI
would be highly reviewed by investors. No specilic pr~iect was being proposed and Ihere was
plenty of lime for public inpuI. Cmmcil was only considering a policy. He encouraged supporl
of the project.
. Erlinda Young, 2284 Willow Creek Circle, Chula Vista. CA, stated she was strongly opposed to the
proposal due 10 personal experience. She staled Ihat she had previously lived in a project Ihal had
delerioraled when opened to low income h.milies. They had heen t<>rced 10 move from the area
due to crime, sraffiti. amI ~lin~ a\.'1i\'iti~~,
. Donald Young. 2284 Willow Creek Circle, Chula Vista. CA. stated he had worked hard and saved his
money for 15 years 10 locate in an area he fell was safe. He 'lueslioned the incomes of the people
Ihal would he moving into the ani'rdahle housmg. He felt Ihere was availahle affordahle housing
currenlly in Ihe Cily.
· Regina Hick~y. 21 Fourth Av~nll(. Chuht ViSht, CA. Stiil~L11h( llu(stion was (r(1I: private enterprise versus
non-profit organiUltions. Free private enlerprise Was ready, willing, and able 10 build low rent
housing. Private enlerprist:: inv(slc:u its own money. c.liLl it ~ood management job. and paid all
taxes and (~S to g()v('mrn~nt. Non.protits had no in.,;enlivc: Co tnanage: well ~ause they got paid
no mailer what Ihe)' did, In 1993 Council funded Casa Nueva Vida w,lh taxpayers money. The
lack of management, lack of deeming. litndsl..'itping and mftinh::nancw: hitcJ s~riously impacted the ,~
two neighhoring low mcome projecls whieh were privalely owned. She invited Ihe Council 10
compare: th~ siLle:.hy.siLlc: propcrtic:s anLl L1cl..'iJe: for thc:msdvc:s who provicJ~ better low income:
housing, Le:. free: enterprise ur non.protits. Tht:rc: Was It 7$f \'Hcanl;y rate: in the South B~y ar.:.a
and the: vacitncies should he tilleu wilh re:nl "mh:he:rs hefurt puhlic capital was spent on low
income housing h)' non-protils. She: ur~t'd Council to givt fret ~nte:rprise a chance: oy issuing fe:nt
vouchers. She: requt'sh:J thai Cotlncil rCllUt'sl thlll Mr. Marcus m~el with her 10 S~ what coulLl
he uone: so they could live siur:.hy.siJt',
· Chuck Alhrecht, 2286 Willow Creek Clfelc. Chula Vistit. CA. S1aled he was a new home owner 10
EastLctkt. It Was strictly an ISSUe: of tCOntllllh:S 1'mLl values. He: put down everything he: owned
to live in an area where he could raise his children wilhout fear. He questioned the impacls on
their qualily of life. He felt il was 0 had deol and he would do everything he could 10 oppose it.
He felt Council had olready made up Iheir mind.
· Tammy Alhrechl, 2286 Willow Creek Circle, Chula VISta. CA. Slated they had moved in in March. They
were nol awore of the pr~iecl ond would have chosen another place to live if they had been
informed. She felt Ihere were mon)' olher areas in Chula Vista IhOl would meel the needs of all
incomes. They were concemtd re~ardin~ the type of people that would be moving in and the
impacts upon Iheir qualily of life.
· Amir Pishdad, 2471 Golfcresl Loop, Chula Visto, CA, slated he worked very hard and slruggled to
purchase their home and they valued Ihe area Ihey lived in. EaslLake Developmenl Company was
mis-representing the public, current homeowners. and potenlial huyers. It was his perceplion Ihat
the City Planning Dt:partme:nl was supposeu 10 present an unhiast:u opinion. pro and con, as to
whal the values would he of ony development yel everything he had ""en had been pro approval.
There had already been a 13% drop in his properly value in Ihe last year, The Easluke
Development Company ran the: Homeowners Assodation and the newsletter. Greensview only.
had one article addressing Ihe issue ond Ihal wos in Seplemher wilh Ihe dislribulion in OClober.
The vacancy rat~ had not hte:n auurtsseu in olhtr pr~iccts useLl as examplts. H~ was nol oprosed
10 a prC\iect 10 purchase h"mes of a lesser volue. hut he was opposed to a 'for renl' project. The
Slate had approved lhe p,,~ject and Ii>r Ihe Cily In chanye the projecl seemed to he a conflict of
intere.. belween Ihe Cily ond Ihe State. There needed In he more opporlunity lnr puhlic input. """0
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Minutes
July 25, 1995
Page 10
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Terri Pishdad, 2471 Golfcrest Loop, Chula Vista, CA. sMod the", WKS a difference hetween renlers and
homeowners. When money was invesled there was pride in what they owned and their
neighborhood. They were already having a lillle trouhle with people from oUlside the area
utilizing their parks and pools. If the homeowners were in conlrol of the Buard thaI would not
be happening. She felt that could be conlrollod when they could make the rules. It was a natural
thing that was happening already. She ag~ with commenls previously made and that it was not
good for their community.
Andre Chapman, 2470 Golfcresl Loop, Chula Visla. CA. staled he did nul feel the issue had heen well
adverlisod. He did nol feel that thuse renlinll wuuld Ireal Ihe p"'perlY wilh the some pride as
those that had investod in their properly. He wanled to ..e faClual pmuf regardinll the impacls
and a financial impact sludy regarding properly values. He huped mure time would he given for
community inpul before a decision was made.
Mayor Horton questionod whe", he =eivod the informalion thaI the prqject was renlal unils.
Mr. Chapman stated there had heen a tlyer distribuled in their neighburhuud.
Mayor Horton stalod thaI Council had nol been told il wuuld be renlal unlls. II was her underslandlOlI Ihal had nul
been detemUnod and would be decidod laler atier olher app",vals were received.
Mr. Chapman staled he hoped thai before Council vOlod un Ihe issue thaI they wuuld he assured Ihal would nul be
the case. It was his understanding that EastLakl: WatS hdog cot:rcdu into providing aflimJ;1hlc: housin~ ur thc:)' cuuld
be finod.
Mr. Gustafson explained thai Council would be vOling on a plan Ihal inslitul<d policies and included possible largel
sites for affordable housing. Obviously. Ihe one thai had receivod the mosl allenliun and would probably he the
first to be developed was the R26 site. Council was not deciding on a p"'ject. When a p"\leCI was formulaled for
~it would be broughl to C9uncil for due consideralion. Slaff had looke;! a se"eral possible non-protil renlal
ts for R26, but they were also looking al consideralion by Ihe EaslLake Devdopmenl Company to build a
et driven. for-profil affordable housing Ihat would he "for sale". There were n"tOY faCls Ihal were slilllO be
known before a cogniunt analysis could be made of the impacI on R26 or olher sile.s.
Mr. Ostrem, representing EastLake Dc:vt:lopm~nt Company. rC:I.'OIllI1lCnuccJ that IfColln~il did vtll~ on the: issue that
EaslLake hold another puhlic forum h~dorc: H prqjc:ct WaS hroughl forwanJ to iHh.lrc:ss the: homc:own'C'rs concerns,
Mr. Leiter stalod the issue needed to be moved forward in urder Ii". EastLake 10 <onlinue processing tinal maps.
He did not feel there would be an impacl wilh a d.lay of .."eral weeks in ord.r to hold a public forum. He
=ommendod thallhe public forums be scheduled wilh Ih. public hearinll being renoticed. A targel dale could be
set for six weeks and if there was a problem in sellinlllhe public fonlm in Ihalti",e fram. statf would reporl back
and renolice if necessary.
MOTION: (Horton) to continue the puhlic heurin~ .11 the s"""lld Tuesdu)' in Septemher.
Mr. Boogaard queslionod whether Ihere were any pending maps to be processed in thaI six week lim. frame. There
was a condition in the tentative map thaI would nol be mel unlilthe program was adoplod.
Mr. Ostrem respondod there were several maps agendized which involvod 80.100 IInils. He felt a thirty day
continuance would be acceptable.
MOTION DIED FOR l.ACK OF SECOND.
Councilmember Padilla questionod how long the commillee melon Ihe issue to develop Ihe policy.
Councilmember Moot slaled they had mel for 6"7 monlhs. every Iwo weeks. wilh all m.etings nOli cod to the public.
The process was startod by pUlling in articles in the local leanels 10 Ihe homeowners inviting them to give Iheir
input. A public forum was h.:ld where Ih~y pres,ml~ th~ir iu,,"s Itod rm('Jos~ls "nu to ~"l its much input from the
a::owners in EastLake. It was unfortunalt thaI pet)fllc hought in the inl~rim lim" hctwc,," the tim" the report was
wnw and the time it was broughl 10 Council. It was an emolional issue and he did nol know anylhing aboul
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M inules
July 25, 1995
Page II
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affordable housing when he slarted on Ihe Task Force. The lask of affordahle housing Was to have aprojllel thai
worked and fil inlo a communily and Ihalthe commllnily accepted. The Task Force was pre..nted many instances
of projects currently within the Cily where that exacl thin~ had heen done. Affordahle housing, when planned
correctly, could be done. The people in the pr'liecl had lake healltiflll care of them and Ihey did not have graffiti
and other problems he thollgh had exisled in such projecls. Everyune needed 10 work together as a community and
try 10 understand Ihat Ihere was a need for Ihal hOllsing for Ihose slarling 0111. Because Soulhern California was
such a desirable place to live Ihe land vallles were extremely hi~h and Ihe prohlem wilh affordable housing was
extremely acute. It was a small p~rc~nl"'l:C: of all housing_ hut M very important ~rcentage because it was th~
vehicle Ihat allowed people 10 enter into Ihe palh of pride of ownership and pride in the community. People needed
a way 10 start oul. The objecl of the Task Force was to provide a mechanism and put it in place so thai as
communilies were built it was assured thaI each communily inle~raled wilhin it affordable housing. When il was
concentrated in one area oflhe Cily il resulted in the blighlin~ efleel descrihed dllring the hearing. He felt everyone
could be comfortable thallhose Iypes of projllels and policies in the long run benelited Ihe communities and cilies.
Councilmember Padilla slated when people disagreed Ihey needed 10 Ireat each other appropriately. Everyone had
the right 10 express their opinion and be res peeled for it. A lul of the euncems expressed were not uncommon.
It was underslandahle and COllncil did acknowledge Iheir concerns. The prohlem was that Council'sjob was nnt
always easy or the most popular thing to UO Hnd sometimes it was \'~ry un~(}Jnrorhthlc. hut it did not mean thallhey
should back off ao isslle thaI was correcl nol mailer how IInpoplllar il may he. The City had exisling low/mod
housing developmenls Ihal had heen Ihere for len years and he 'Ioestioned if anyune had evidence, factual evidence,
about anyone hy name of the parlieular pr<~ieels Ihal cllr,.enlly eXisled Ihal had experienced an increase in crime.
graffiti, or a redllclion in properly val"e, Ihal w"' allrih"tahle 10 Ihe filel Ihat among some of Ihose people were
people that qualified for that housing. It Wa." hil'i hdiet' and I.:onvil.'tion Ihi'll th=rc was noL They needed to rm~eec.J
from facts and noC innuendo. The concerns were n01 unreii....onahle. hUI in his honest ass~ssm~nt th~y did not
measure up wilh lhe faCls. There was no hislory in Chula Visla Ihal pmperty values dropped, that people moved
OUI, or Ihal crime weol up because people in Ihe projeel were low/mod. Ho hoped thai everyone could work
together to. share information and work to~ether Hod moVe: fnf\vard In altain the J'msitive impacts of proviuin~
affordable housing. Ie was ao economic issue. there was a I..ek uf afti>rdahle huusing and it was difficult to allracl "'"'\.
business and industry which result(u in t:;cnnOlnic impacts that Hft~ct~U ~ve:ryone: in Ih~ City.
· Sally Alhiso, IOIO.E Baywood Circi.. Chula V's,... CA. stal.d many uf Ih. speakers had reacted with
emotion because they eJid not hlt\'e: etllthc: fin:ts. It Was uc:ar to Amc:rican hearts to haw. a VOICe
and opinion and thai was what thc:)' w~r~ asking t'lI". Sh~ rC:Hliz~d they had to respect the council
bUI felt Ihe Council should also re'peel Ih. sp.akers.
Councilmember Padilla understood people heing upsel in nol heing nOlifie.d. In Iilimess 10 those thaI had worked
on the issue, b.:cause those that hiiU just moved in w(re nnt notific:J. it uiJ nol mean thai notification was not made.
Councilmemher Alev)' there had heen a J:reat deal of notification itm! dis~:t1ssinn. H~ felt it was imf'lortant 10 nOle
Ihat peoplo Ihallived in developmenl' near Ihe area lhal had heen nOlitied and were nol in allendance because Ihey
underSlood Ihe process. He had not made up his mind ah.ad of lime. He requesled Ihal slaff clarify Ihe ide. of
baving 5 ~ affordable housing in new dovelopmenls.
Mr. Loiter stated the Slato law required Ihal every cily adoI'I a Housing Elemenl in Iheir Ooneral Plan. The anal)'sis
was done by SANDAO to oslimale Ihe 10lal nced and Ihen Ihal was allocaled among the jurisdiclions. Each
jurisdiclion then adopted their housing elomenl to implement i,s regiooal share. The Cily's regional share ligure
was approximalely 5 ~ for low income and approximalely S I! for moderale 'ncome. Thai allowed Ihe Clly to
comply with the State law and Ihal was updaled every five years.
Councilmember Alevy staled il was his underslanding lhal Ihe r"'luiremenl was for each devolopmenl and had 10
be wilhin lhat specific plan and nol in other area. of Ihe City.
Mr. Loiler staled thai every prqjecI of over 50 dwelling un lis unde,. Ihe Oeoeral Plan was required 10 have an
affordahle housing program and rrovide SSf Inw itml scn m()d~rittc' hOllsin~ as a target for the proj~t.
Council member Alev)' slat<<lthat it was not a choke of \'..'her~ to put aft(mJahl~ h(}usin~ in the City hut wh~re to
put affordable housing in the EaslLake develupmeot. --',
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Minutes
July 25, 1995
Paie 12
e. Leiter atated that was corr""l and was consistenl wilh how cilie. throughout the region dealt with it.
nere beini no funher public testimony, the public hearing wa. declared closed,
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Councilmember Rindone alated Chula Vista had done eXlremely well wilh their anordable housing program
Ihroughoutthe City, espocially in comparison to olher cities, When Ihe comprehensive affordable housing element
was focused on the EastLalce area Council needed to continue to look at low income housing '1'01' purchase" rather
than "for rent",. ' '
Councilmember Moot atated EastLalce was not being singled out in any panicular way, i.e, they were rC<luired to
have affordable housing and other areas were nol. When Ihe plan was put tugelher the Ta.k Force was trying
spread oul affordable housing throughoutlhe City in nlOdamental 'itime... The Task Force did not fee thaI any
panicular reiion, developmenl, or part of the City should ""ar more than it'. toil' .hare of afli"dahle housing but
it was also very dangerous to locate it all in one parlicular ar.. of the City hecause hi.lory had shown thaI caused
blighting effects, graffiti, and crime. History had shown that was the "".t way 10 do it and produced more positive
eff""ts.
Councilmember Padilla stated Council would he adopting a policy and nol a plan. Each plan would have a public
hearing process in order to obtain public input.
RESOLUTION 17982 OFFERED BY COUNClL~IEMBER PADILLA, readin~ of the test was wah'ed.
Councilmember Padilla stated he did nol want to CuI off dialogue. he had a.ked if anyone had .pecitic intc"mation
that they could site about a sp""ific prqj""t in Chula Vi.ta and hack il up with documenlation, His intenlion in
asking the question was to make a poinl and he had no intention of pushing Ihe COllncil to reopen Ihe puhlic hearing
bul if someone could sp""ifically answer his qlle.lion he would re'l"e,st that COlloc'il bear them,
.a.?cilmember Moot seconded Council member Padill.s reqllest. He hall le"mell thaI people .houlll be able to
.. because it was a very important part of the: prm:c:::sloi,
Mr. Ward stated he was not trying to be unresponsive to the 'Iue.lion, hilt Mr. Moot h"d .tated Ihal he had seven
monlhs to become educated about Ihe issue. He may well be convinced th;1I il was not a had idea bill he was asking
for the opportunity to become infonned before something happened that would eradicate Ihe opportunity of undoing
it. ney had Dot seen the sludies and what the basis was of Ihe sludies and the slatistical anal)'sis, He was sure
that the legal requirements for notification had been mel bUI he had been notified hy a xeroxed flyer in the
neighborhood. He felt Council owed it to them as constituenls to bring Ihem lip to speed bet'"e taking aClion,
Councilmember Padilla stated ways could be idenlitied when projects were brollght fo,'Ward on how the Clly cOllld
do bttter in obtaining more involvc:::ml:!:nt in tht prucc:::ss itmJ nOliti":Htion.
Mayor Horton stated concerns such a "for rent' verslls "tor sale" would he addressed in futllre public hoorings along
with other concerns expressed.
AMENDMENT TO MOTION: (Alevy/Mool, ugreed tn hy lhe Maker 01' the Mlltilln) In direct Sllll1'lo wnrk
wilh EasILake Development In have u well nOliced communi!)' I'llrum wilhin the nesl 30 days.
Mr. Ward requested thatlhe hearing be continued for 30 doys and thaI durin~ thaI time the homeowners be given
access to alllhe documents prepared by the Task Force and presenl their comments. A cllmmunity hooring could
theD be held in 35 days, once Ihey had the opportunity to review the malerials.
VOTE ON MOTION, AS AMENDED: approved unanimllusly.
ORAL COMMUNICATIONS
None
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· · * Council recessed al 9:15 p.m. and recom'ened III 9:28 p.m. * * *
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Minutes
July 25, 1995
Page 12
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...-if. Leiter stated that was corr~t and was consishmt wilh how citi~s Ihruu~hout th~ rc~inn d~RIl with it.
I
......,Y
There being no funher public testimony, the puhlic hearing Was declared closed.
Councilmember Rindone stated Chula Vista had done e.tremely well wilh Iheir af'fordahle housing program
Ihroughoutthe Cily, especially in comparison to other cilies. When the comprehensive affordahle housing elemenl
was focused On the EastUke area Council needed 10 continue to look at low income housing "for purchase" ralher
than "for rent",. ' '
Councilmember Mool stated EasIUke was not being singled out in any panicular way, i.e. Ihey were required to
have affordable housing and other areas were not. When the plan was PUI logether Ihe Task Force was trying
spread out affordable housing Ihroughoulthe City in fundamenla' faimess. The Task Force d.d nol fee thai any
panicular region, developmenl, or pan of the Cily should hear more than il's titir share of am"dahle housing bUI
il was also very dangerous to locate il all in One panicular area of the Cily he"allSe hislory had shown that caused
blighling effeets, graffiti, and crime. Hislory had shown Ihal Was Ihe hesl way to do it and produced more posilive
effeclS.
Councilmember Padilla staled Council would he adopling a policy and no[ a plan. Ead, plan would have a puhlic
hearing process in order to ohlain puhlic input.
RESOLUTION 17982 OFFERED BY COVNCIL~IE~IBER PADILLA, r.adin~ of the 1.'1 was wah'.d,
Council member Padilla stated he did not want to Cui off dialogue, he had asked if anyone had specifk intelfmation
that they could site aboul a specific project in Chula Visla and ha"k il up wilh document:llion. His inlention in
asking the question was to make a point and he had no inlention of pushing the Coun,'i1lo reopen Ihe puhlic hearing
bUI if someone could specifically ansWer his question he would re'luesl thai ('oun,'il hear Ihem.
~ncilmember Moot seconded Councilloember Padilla's request. He had learned that people should he ahle 10
.' \I( because il was a very impOrlanl part of Ihe process.
Mr. Ward staled he Was not trying to be unresponsive 10 Ihe 'IUeslion. but Mr. Mool had slaled Iha[ he had seYen
months 10 become educated aboulthe issue. He may well he convinced Ihat il wa, nol a had idea hut he was asking
for the opponunity to become informed before somelhing happened Ihal would eradi"ale the opportunity of undoing
it. They had not seen the studies and what the basis Was of the studies and Ihe statistical analy'sis. He was sure
Ihat the Jegal requirements for notificalion had heen met hUI he had been notified hy a xeroxed Oyer in the
neighborhood. He felt Council owed illo them as consliluents to hring them up 10 speed heti"e laking aClion.
Councilmember Padilla stated ways could be idenlified when pro/eCls Were brought "..ward on how Ihe Clly could
do bett~r in obtaining more involvement in the! proCess anu nOllti..:ation,
Mayor Honon stated concems such a "for rent" versus "lor sale" would be addressed in hllure puhlic hearings along
wilh olher concems e.pressed.
AMENDMENT TO MOTION: (Alevy/MoOI, ugreed 10 by' Ihe Maker or the Mlllilln) 10 direct shtll'lo work
with EastLake Development to hal'e u well nllticed clImmunit)" 1'1Irum wilhin Ih. n.,1 30 dll)"s.
Mr. Ward requested that the hearing be continued for 30 days and Ihal durin!! thai lime Ihe homeowners he given
access 10 all the documenls prepared by the Task Force and presenl Iheir COOlmonls, A community hearing could
then be held in 35 days, once they had Ihe opponunily to review the malerials.
VOTE ON MOTION, AS AMENDED: approved ununimllusl)".
ORAL COMMUNICATIONS
-
None
· · · Council recessed at 9:15 p.m. und recum'en.d III 9:28 p.lO. . . .
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t'v1sec1 7/25/89
EXHlf3/rO
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ItESOI.t1rION NO. l~
RESOWI'ION OF 'mE crrr CXXlNCIL OF ''l'RE c:mr OF 0ItlLA VISTA
APPROVING TENTATIVE MAP FCR EAsTI.AKE GREENS, CBtlLA VIsTA
'1RACl' 88-3
,
~e City Council of the City of Chula Vista does hereby ,resolve as
follows: .
WHE:REAS,. the Fo'OPOsed 8\lbdiv1sion for the IIsttake Greens area
encompasses 830 aeres of land located in the eastem portion of the City of
Chula Vista east of I-80S and south of Cltay Lakes JlDad, and
~, the aubdivision includes streets, open space, c:burc:b sites,
conmerc:1al lots, park sites, school sites, condominiUIII lots and single-f8lll1ly
lots and . .
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WHE:REAS, the Environmental Impact Report EIR-86-4 was considered "
. .
previously, and
WHtREAS, on June 21, 1989, the Planning COnmission, by a vote of
6-0, recomnended that the COuncil approve the EastLake Greens, Tentative Hap
8Ubjec:t to the following:
On an interim basis, Parcels R-24, R-25, R-26, R-27, and R-28 shall
be zoned at the target density of 4.5 dwelling units per acres. A maxilllml of'
4,034 units will be approved for, !ollSttake II until auc:h time as the
guidelines, for exceeding the target density for the General Plan Update are
resolved. The follOWing procedure will oc:cur to deterndne additional
density, if any, for the EastLake project.
a. Specific guidelines for exceeding the target General Plan
density will be adopted; ,
b. The adopted General Plan policies will be applied to deterndne
the incremental units to be added to EastLake II.
c. The units from the new calculation will be distributed to these
five parcels or other unsubdivided portion of Easttake Greens
Tentative Hap.
d. ~e SPA Plan and Tentative Hap will be returned to the Planning
Conrnission and City COuncil for adoption of the increased
denSity, if any.
NON, '1'HERE:FORE, BE IT RESOLVED that the City COuncil of the City of
Chula Vista does hereby approve the tentative map for EastLake Greens, Chula
Vista Tract 88-3, based on the findings set forth herein and sUbject to the
fOllOWing c:onditions:
..
,
thoineerino Department Conditions:
Public improvements required in this resolution shall include,'but not
be limited to: A.C. pavement and base, concrete' curb, gutter and
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'sidewalk, traffic sii;lhals,-'street li,9hts, traffic signs, street trees,
fire hydrants, .an1ta~ sewers, vater and drainage facilities.
~~:::'~-:-~h. .....~..:~._.:. .. .. .
All liiiPi'6VeIilenS:'7ahall fie,' cJesi9riecS and' constructed in accordance with
City 'standards.
2. 'lbe cJeveli:lpl!r iha:n,be-responsihle for: """
e. '1be construction of Pl1b11r. street improvements of all streets shown
~tentatiW~liIIith5.n.,:th"''8UbcJiYiaionO!'' ~.aJ':..A"" . ._. ,,",
<<::::.,,-,ur.. ::?': ~:::'u ::: :'ar.: ~:::!~~:: '. ,~. ::.: _::.... '_
' . . .::b::: r:!le ~ci1 ~f :pubUc: Skeet.. improvements for all off-aite
,~rtions of Otay Lakes Road, Bunte 'arkway, PalOlllllr Street and
O'rang6: Awntles:a1~g.!tIle. fU1:1;.aength:~-:.th";.aubjec:t.~propert.y. laull
.~!:C:!.wid~t .iIrIp:ovements ~1 tJe'~'reqai't'e:d' '1>>I1.s8.-:' the" , cJev'l~i'" can
_u !' 'demonstrate to the satiSfactiOn of the City Engineer that' partial
improvements will meet the CUI'standarcJa for traffic, biCYcles,
pedffirilln$ ancJ"parking.' "1'rwi'fions to existing improvements shall
'..be provided as required by the Ci~y Engineer.
C,'
3. a. '1'hi'-~eveloper;':.hall guarantee' theconstructiCll1; of the 'fOllOWing
'- =.-Ju'l'lovements: prior .to ,the approval of the final IIlIp ,for any,of the
' : -;. ~ "phases ~ 'of -development identified in the EastLake Greens phasing
plan. '1'he developer IIIlIY submit an alternate proposal to prOVide
aceess to any individual or group of phases identified herein. Said
'" :':.:'\'!: proposal.~:.hel1~b4!.: lIubmitted ;foJ:._review::and ',llpprOVal by the City
... oo.~ 0 . . ,,_....,..... .'. _..... _. .
":,, .......glneer. . _'h, ~ _.'" ," ,
~';:>:'~:.:"",-.~ .;~~ -:::o:~.....:.... .:..- :"r:~:.',:. ..~ .e,::."".:"
:u,~',:i':.PhaSe~ =~raei,lftie~~d' '..:, -(see table I,,',for' deSCl'ipl:ion',:of
~l,t:":'.., :~ i\~,", ~~: -;.. ~~:_!"! -~--..-:, each facility.)
, ~.'"
:t"\y.'"" ' _
.\','-'_.... _... --.... ........ _.e..
"
..lA-
c;: 18
'\ Ie
lI>
2
3
",'''' ~ ,lr 2".....;:,,__::... ;,',
.~': ..1, 3~.4;'S~'IS '
1, 2"..J.t 5, 7, S, ~ 13, 15 ,
......1, 2, CY 7,' Sf 9{ w 13, 15
'~ . '.1,.~2,'6, 7, 8, 9, 10, 15
1, 2, 2a, 6, 7, S, 9, 10, 11, 12,
14, 15
. . ... . ..
-. ,
* , 'Facilities that shall be guaranteed . prior to approval of final
' IIIlIp for the corresponding phase and completed prior to permits
being issued for the subsequent phase U.e., facUiUes for 1.\
through D completed before permits for 'hase 2 are issued).
,
b. The developer shall guarantee the construction of all interior public
improvements required for development of any unit of development
prior to approval of the Final Subdivision Hap for said unit.
'4. Right turn lanes and dual left turn lanes shall be prOVided at the
intersection of any of the fOllOWing street classifications: major-major,
major-prime arterial, prime arterial-prime arterial.
5. Palomar Street from the westerly subdivision boundary 'to EastLake Parkway
shall be constructed as a 4-lane collector (74 feet from curb-to-eurb).
\
~)~/57
-,.
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.. . ,.
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, .. 6. NQ direc:t access. for. r~.iden~~aJ.i4ri_,!I'WaY.S w~lbe allowed to Street. wAw,
EastLake Parkway, Hunte Parkway, areet. wE-, wJ)- Street, street wp_, Otay
Llices Road, Orange Avenue and Palomar street. The location of street.
~i"f:",;o!,~joc _~.iea.fO~'i~lti-~ly..ptOjec:ts to the- eov..streets
shall be approved by the City Engineer.. .
( V ~ bnt;age.on'Cl1l-de-aac:s..eltd knuckles shall not be 1... than 35 feet
unless approved by the City Engineer.
. .-O'
S. a. '. &.t:rfi'<t,.~:~q. ~lSt4~~iiW_"1t:a: is. required on Otay LIkes Road
. east of . Hunte Parkway. Said transition shall be approved by the City
= . En;i~r.-o;,:,":~,:" . .
. . - - .. .' ~~'. .. .
b. ~~inte~ion-:'Of..Hun~~.J)aX:kwal and Orange Avenue' shall require
8Peeial.treatlllent to transit;ipn ~~'~e prime arterial status of Hunte
Par~~y: !l9\1t1lerly' of ,,"~d: intersection. .
.(
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.. -.'f"::-~;_.~ !.i:'.~ -=~='; ;
-
. -. . . ....
TABLE I
::4 :~I'~~?'rIP.i..9! ~I'1'E ~PORTATION PACILITIES
ur.
-.. !It:'O: .. ~.V.'I"'''''''''-'
FaCility NO.,... ::.. . t .Street" '.
- 0 1 ......".
( 02'-"';-~'
-;.s,,:,.:.
.. 2a
~ u:- ~ :"\,!,-::~:.~ ;=:'0: ':t'; -::.'i ~':':"
. ..,.... :.::".
.0
.......
Portion
~~~La~~ P~r.Jcw..aY\'.. ..
. -............... "
EastLake Parkway
o ~.
-..,. ..,Otay Lakes Road to Street. wI'-
'. '-
. ,
:'c:.:=._~:.:!,s .~E a~i..:
. ,
Street wDw to the Interim
. .., T~rminus. South of.. tb!. .SOO&E
..-. Easement
~astLake Parkway
Palomar Street to the Interim
Terminus South of the SOG&E
Easement .
@3
Street.D
EastLake Parkway to North
Street -A-
4
.-'
r-
; is
\./
North Street -A-
Street wD- to Hunte Parkway
Street wD- to Street WE-
6.
"
'../7
Os
:') 9
North Street -A-
South Street -A-
Str~t . wD- to Hunte Parkway'
EastLake Parkway to Street wA-
.
.
Otay Lakes Road to South
Boundary of Phase 18 .
Street WE- to North Boundary
of Phase le .
Street wE-.
Hunte Parkway
,
,
Hunte Parkway
,
"
10
Hunte Parkway
Street wE-. to South Street WA"
.
~/f-5r
.
11
Bunte Parkway
South street -A- to Orange
Avenue
-"
12
Orange Avenue
13
14
street -I-
Bunte Parkway to West
Ilollndary of SUbdiv1aion
Street -,,- to Bunte ?arkway
IastLake Parkway to West
IlolIndary of the SUbcUv~siOl'l
L8ne Avenue to Bunte Parkway
..
Palc.ar street
15
Otay Lakes Roal!
· In conjunction with developnent at Phase 1Il, developer _y construct
ei ther that portion of SOuth street A to connect street go to Street -D-
or that portion to Bunte Parkway.
9. Onderqrounl! traffic signal equipment anI! traffic signal standards shall be
installed at the following intersections:
EastLake parkway and Otay Lakes Jloal!
EastLake Parkway and -D- street
IastLake Parkway anI! -1-, Street
EastLake Parkway and Palomar Street
Bunte Parkway and Otay Lakes !load
Bunte Parkway and north Street -A-
Runte Parkway and -E- Street
Bunte Parkway and south Street -A-
Bunte Parkway and Orange Avenue
-I- street and Street -A-
-D- Street and north Street -A-.
.-."
I
Mast anns, signal heads and associated equipment shall not be installed
unless approved by the City ,Engineer.
10. InterCCMect conduit, pull boxes and pullrope shall be installed to
connect fOllowing intersection signal systems.
Otay Lakes JlDa~ute 125 to Otay Lak.s JlDad/lastLake Parkway
Otay Lakes Roed,l!astLake Parkway to otay Lakes JloadlHunte Parkway
Otay Lakes JlDad,l!astLake Parkway to IastLake ParkwayrD- street
ZastLake ParkwayrD- street to North street -A-rD- street
IastLake ParkwayrD- street to EastLake Parkwayrl- street
IastLake Parkwayrl- street to EastLake Parkway!Palanar street
Bunte Parkwayjt)C;ay Lakes JlDaI! to Bunte Parkway/Morth street -A-
Bunte Parkway/Street -A- to Bunte Parkwayrl- street
IastLake Parkwayrl- street to Street -A rl- street
Street -A-/-E- street to Bunte Parkwayrl- Street
Bunte Parkwayrl- Street to Bunte ParkwaylNorth Street -A-
Bunte parkway/SOUth Street -A- to Bunte Parkway!Orange Avenue
Orange Avenue east of Bunte Parkway to subd1 vision boundary.
-
t
~ ~ /~-->7
~4-
. ,
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... .", ~ll. a.
,) b.
( .-(
(- (
A conditional use permit 8ha11 be filed With the City for the golf
course, clubhouse; and related 8Wimning and tennis facility prior to
issuance of building permits for purposes of regulating operations,
uses, and site design.
c. !he developer or Other subsequent owner of the VOlf course shall
agree to be responsible for the payment to the City of ~going repair
anc5 maintenance costs of any grade separation structures "[bieb _y be
HqUired for the benefit of the golf courae. , .
. ..... .. ..... .... ....1...'; .0' .
d. Golf course safety features shall be reviewed by the' City Engineer in
-,:,conjunction with :construc:t1on of .the golf course.
.~..
e.
.'
12. All. streets . ~ic:h ,intersect otber streets at or Mar horizontal or
vertical 'curves-must. meet intersection deSign sight distanc:e requirements
in acc:orc5anc:e with City stanc5arc5s.
13. a:::;~~; ;:~~:wi~~';'c:O~6ret~ 'benches shall be provided along bOth sias of \
' Street "A" ac5jac:ent to the intersections With the fOllOWing streets: ,
i;-L:,;~.StJ:eet;.:. .~E.~ ,Stre.t.~, "G", "Street "%)", Street "QQ" and Street. "FFP". i
'~';..~'Bus'~ .turnouts shall: be ,proviac5 to the satisfac:tion of the City .
: .:- ,Engineer. ',-. :,~: _ ::" ,'_
~::~;.'= !"'C:!":..:f', ~:.;. -: ...:.::..f.
~..:~.:.-!Su.~ ~":t~:'lC:Qhc:rete;benches shall be proviad along both sides of
:. :,' ..Bunte Parkway ac5jac:ent. to the intersec:tions with Street "E" anc5 south .
'.-. 'Street "A"; ""Bus shelters as approvec5 by the City Engineer ahall be i
prOVided along both sic5es of EastLake Parkway ac5jac:ent to thel
intersec:tion with Street "E" or appropriate alternative locations. .
. -, '.0 .... W' .. :0,' . =- ,,~.. ..
Right turn lanes shall be providec5 on Street "A" at the intersec:tions of
Street "A" with Street "J)" and south Street "A" with Hunte Parkway. A
. right turn lane shall be provic5ed on EastLake Parkway at its intersec:tio
with Street "E".
1 14.
.
I
!
I
/ 15. a.
b.
All streflt_sJdthin the !III1U-famUi -"'vel~nts ~~J:he .-!UI...r~c5
to:Viilf 29 shall be Drivate. Detallec5 horiZontal and vertical \
alignment ot the centerline of said streets shall be reflected on the I .
improvement plans for said developments. DeSign of said streets
shall meet the City standards for priVate streets.
. . . .
Private streets in Units 1 and 2 (single family detached units) ahall
leet City standards for public: streets or standards ac:c:eptable to the
City Engineer.
All . subdivisions proposing private streets With controlled ac:c:ess
devic:es, suc:h as gates, shall contain the fOllOWing features:
.'
c:.
..
.
y
J5"-t.O
. ,
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.
,.
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(
( ,.(
<
(
U) . Getes shall be approved by the City !niineer. Getes ahall be
- ,.'. loea.ted. to provide .8Uffic1ent rOOlll to queue up Without .......,
. ... "interrupting traffic on Public streets. , , ~
:!o!,!. I::: I'~ ~~ ~t.t_..
, '. .
;:U) ,;The border between public street and Private street ahall be
~~:lde1inQt"ed--thl'OUgh the LIH of CUstinctive pavement.
:(4) Provisions:shall be "de for -rgeney Vehicle access.
" -, . .. , . ':-::- : . . -, -." .. , ,_.
15. All the st.reet.a ;ahown, en. the SUbject. tentative lIIap within the aubdivision
boundaqc,:.:ezcept as, described above, shall be dedicated for public use.
Detailed horizontal and vertiCal ali9l1lllent for said streets' ahall be
reflected on the !n;lrovements plana for the SUbject SUbdiViSion or any
unit ::thereof..' nes1gn.'Of:~ld; streets shall meet all City standards for
public streets. .
(2) A turn around ahall be provided at the location of the iBte.
-: "0 ..-1'tle size and .location ot said turn around ahall be approved. by
-....:.the City Engineer. ',:: ,,_:.. ,.
_.. -... -
. "
". ..
. .. .. . .
(
17. '!hit ~owner ,shall' ;rant,:to .the Ci ty street tree Planting and Illaintenance
.asements along.all public-streets within the Subdivision as shown on the
tentative map. Said easement shall extend 10 feet from the baeJc of the
sidewalk "Rxt:ept; 'on "Hllnte 'Parkway and portions of EaatLake Parkway as
. prOvided :bel'ow. ':Along Hunte . Parkway, said easement shall extend 10 feet
from:the.:propertY;:line and cahall contain no slope steeper .than_'hI
(hori"-zantal.:to' 'Vertreal ratia); 'The entire area of said tree PlantIn9""J
'. easement along Hunte Parkway shall be offered for dedication on the
~ subdivision maps for ,~t. iit'ieeC~~~!!.:- The tree Planting eaSement
'If alontf:."those"portions-Of:~t~. Parkway containing meandering' sidewalks
.. Shall c:o!neide, with "the proposed sideWalk easement as shown on the
! Tenta1:.ive;11ap;.. ::.:., ....::.;;~ :,0' ~~.._ ..." ......, ,
i '::: ',... '!; -:: : . . _ ,.. , , .', " ..... , .' "
lB. The owner shall 9~ant to the City a 10 ,foot sidewalk easement adjacent to
the prope:ty line for the installation of a meandering sidewalk at the
fOllOWing loca tions: . .. ;
.-.
"
a.'
Otay Lakes Road along the full length of the frontage of Unit 17.
b. !astLake Parkway - along the front~ge of Units 29, 34 and 32 (north
of the intersection of oEo Street).
c. Street E
l
Between EastLake Parkway and Street - along the frontaqe of Unit
25.
- Between Street A and Hunte Parkway - along the frontage of Units
2B, 29, 37 and 39. ,
19. Prior to the approv~l 'Of any final IIIIIp for subject SUbdiVision or any unit
thereof, the SUbdiVider shall obtain all Off-site right-Of-way necessary
for the installation of required improvements for that ,Unit.
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If the developer requests the City to use ita powers to acquire Aid
off-site right-of-way, the developer, ahall pay all costs, both direct and
incUrect 1neurred'in Aid acquisition.
20. !he developer ahall grant. to the City l' control lots adjacent to the
follOWing ~reets:, .~:1':~'. . :... .. " .
a.
b.
c.
'd.
e.
f.
...:
, .
South end of EutLake Parkway.
SOuth. end.and east aide of Bunte Parkway.'
Both ends of street A.
Both ends of Orange Avenue.
West end and SOUtherly aide'of Palanar street.
Both sides of Orange Avenue.
. . .~:.:.' . .... ..... .... ....
21. striping plans shall be provided ior the foUoring streets: Street -A-,
Street -D-, Street -1-, EutLake Parkway, Bunte Parkway, Orange Avenue,
Otay Lakes Road and Palcmar street. Striping plana shall be approved in
conjunction with 1mprovement plans for said atreets. .'
(i;) Prior to 'the approval of any fi~ aubdivision map Whic:h inclUdes a
V portion .of:. the streets 'Usted .belOlt, the developer ahall aubmit. plans
denDnstrating the.feas1biUtY;of .the extension of the Ai~ streets:
; :t:.:'Z,'::'''~ .:..~. '..: ;":... .. ..
a~' .. EastLak'e Parkway.- from PalOlllar Street to Orange Avenue.
b.' Hunte Parkway. --from Otay Lakes Road to East -B- Street.
co:: P,4lomar :.Street ~.from the- SUbject Subdivision '.a 1Il1n111U111 di.tance of
'''~'.1',ooo ft; westerly. .
d. t, Orange Avenue::-.- IIlinillUlll distance of 1,000 ft. westerly.
. ". ~ . .
'. '. ,.. ".
23. L~;'~Tb~';:.aev.i~,~sb~ii~.ubmit 'celeuiat'ions .to'wmonstrate compliance
;.. i :: With all drainage requirements of the Subdivision Manual to 1nelude,
but not be limited to, dry lane requirements. CaleuJ.ations shall
also be prOvided to demonstrate the adequacy of doWnstream drainage
structures, pipes and inlets. , ~'; ,.
b. Specific methods of handling storm drainage are subject to detsiled
approval by tne City Engineer at the time of Submission of
illilrovement and grading plans. Design shall be aCCOllillished on the
basis of the requirements of the Sl\bdivision Manual and the Grading
Ordinance ('1797 as amended)~
c. Graded access 'shall be provided to all atorm drain atructures
including inlet and OUtlet structures as required by the City
Engineer. Paved access shall be provided to drainage structures
located in the rear yard of any residential lot.
!he develooer shall obtain notarized letters of permiSSion for all
off-site g~acJing work prior to is~uance of grading perlllit for WOrle
requiring said off-site grading.
Lots shall be so graded as to drain to the street or to an approved
drainage system. Drainage shall not be permitted to flow over slopes.
24. a.
.'
b.
~ /f--I.;L
, ,
.. :.
( ,..(
(
(
(
.. ,25. Sewez; lIlanholes:aba~j)e.;providecLat all changes. of alignment Md,.vrade.
Sewers serVing 10, or less equivalent dwelling unita sblll1 have a IIiniIIum
litade of 1\. , ,
~
26. 221e developer aball =nply with all relevant Federal, state and local
r.e;ulationS',~ .. including the Clean Water Act. !he developer aba11 be
. responsible for providing all required testing and documentation to
deJro~trate said COlIIpliance .. required by the City Engineer.
: ~.. ~'. :.. ~ ;':" .0' ..
,/27. A: paved Jlccess road~wLth . lIliiwrUmwidth of 12 feet ahall be provided to
all sanitary sewer lIlanholes. The roadway shall be designed for an 11-20
wheel'load or other loading as approved by the City Engineer.
' . ";,' -:. .
t 28. The developer '.hail ~ant eaSements for all off-aite public stom drains
: ' and :aewer 'facilities Pdor:'tQ. 'approval of any final .p requiring those
''''''''''H:ties. Easements 'shall be a IIlinillUlll width of aix feet lit-tez: than
Pipe aize, but in no case, lesa than 10 feet. .
\,
--.. '. ..
.0.. .'. ...
. --. ."~." ".." -
29. An erosion and sedimentation control plan shall be included as part of the
.. , grading plans. , .
o ~~~~J:;iU=~~i~,i -= ::::: ~.."":'=<-=
: al.lbdi visiDn if traffic on. Otay Lakes Road, Telegraph Canyon Road, EastLake
. Parkway, or East oBo, Street exceed ,the levela of service identified in the
,I;; CityIS.ladcpt~~~reshOlQs"', ',. ::7':_.:
C' "/@.., ihe':property 'cM;er 'shall agree to not protest formation of a district
~. , ~or t~e maintenance, of the drainage channel in Telegraph Canyon.
. \.. .'.~ :::.:..+-.;.~-:.t: : :'__ ~i.:-:-:,-: :~ .... .
). The .prcperty.- owner shall: agree to not protest formation of a district
for. tbe; maintemmce of..landsc:aped. medians, and parkwa~,along streets
within and- adjacent::to'J:he:.aUbject property.
.... !
~ The. pr'oPe~ty .ew;.;~r shall enter into an agreement wherein he agrees to
~;; not protest formation of an assessment district for the construction
of street improvements to connect Orange Avenue and Palomar Street to
existing imorovements to the west of the subject property and to not
protest inclusion of the subject improvements as projects in the
Eastern Territories Development ImP.act Fee aystem.
All sanitary sewer facilities required for development of .eny lot,
unit or phase shall be guaranteed Prior to recordation of a
subdivision map for said lot, unit or phase.
'I'he c!eveloper shall provide for the costs associated with maintenance
of the ......er pump stations prior to approval of any 8Ubdiviaion IIllpS
which shall require said pump stations to prOVide sanitary sewer
aervice.
~
32. a.
,b)
"'.
r9
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"
The c!eveloper shall obtain permiSSion from the City to deposit ......age
in a foreign basin prior to approval of any subdiVision map Which
shall require any sewage to be transferred from an existing basin
-..
~)5~?}
35. SOlJt:h 'Street. ,wA- and ~Street"- (between Street wA- and Bunte Parkway)
shall be 52 feet wic5e (curb-to-eurb) Within 72 feet of right-of-way to
provide for on-street parking on one aic5e of each street. .
VI;-:~~e ~lative transportation impacts ahall be IIl1tigated to
insignificant levels by partiCipating in the East Clula Vista
':ransportation 'Phasing.' Plan ..on. a. fair share basis With other area
developers. .: ;;:: ;; ~~. .
.. ..... '"
37. Easttake;;Cireens:'~1i".:be:"Subject to any new City resolution or ordinance
regarding cable television.
~ 6;"' ::::;::,i;::.::.:,::,;.. of .n ~. ..." "''''ot,
." Maintenance: ct.-specific areas may be required to be performed by the
master homeo~er's' association. q,en space slopes shown adjacent to
pUblic and Private neighborhood parks shall be included in the
established maintenance program. _
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;' . into another' basin. --1'he permission" shall be ~. the fOrm of, ~
.,-; agreement whereby.the City shall agree to such transfer, and the
~. . "'developer shall agree to the construction of certain iDprovements in
the system that will accept Aid sewage and to the cirCUlllstances
'. under which Aid permissi~n IIIIY be revoked. . .
"<<-~_':-..'...':' ~ ....:. :_.:=~:-::' -:--"'. _.&r.:': '.- ~ ....
33. Prior..to the approval of any. final IIIIp for any lot or unit, the owner
shall' guarantee the., construction of all ~ovement (str..ts, sewers,
. drainage, utilities, etc.) delll..d necessary to provicJe service to such lot
. . or =lfnit.~ in::iQ:lori!aftce'w!th 'CitY..standards. .:....... ., ::._....: '.:-'
'. .
34. Prior to approval of. any subcUvision ..p for single flllllily residential
. use. 'n'Ie developer shall SlIbmit a list Of proposed lots indicating
whether the structure' 'will" be located on fill, CUt,. or a' transition
between tile.~~taatiOns. . .
. :....; ~ ..: .
t" :=0.'" ...oo
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Park dedication'and imorovement credit for private parks (up to 50')
IMY be considered subj'ec:t to approval of iJI;lrovements, park acreage
and ~CtiVitY areas provided. .
Developnent of all public and private park areas receiving' park
credit designated on the subdivision np shall be SUbject to the
approval of the City'. Director of Parks and Recreation. Said
approval shall comply with the standards listed in Section 17.10.050
of the lo!Unicipal Code.
~. ~~int~nance and credit for the proposed open apace trail system ahall
be su!:l~ect to approval of the Director of Parks and Recreation. n,e
trail shall consist of an approved D.G. base.
b.
c.
"
e. Park dedication credit for the COIIIIlunity park shall not Incluc5e the
slope area adjacent .to proposed 1125: however, credit shall ~ g(v.n
wh n tlU vemen in excess of the 11unicipal Code requirements
are provided.
. -
p4 /S---t(
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'. ,f.
Any CPAm fees to be wai \led shall be done 80 upon COII;lletion of parks
or bOifcred guarantees of park ~letion. Bonds provided to the
Ilepertment.. of. Real' Estate -y be SUfficient guarantee tor private
Plrk'iJlprovements. .... . .... . ....... ,
9. No waiver of Residential Construction 1'ax U _de or 1D;>1ied by
. :': ~.~ approval Of-this map. ..
. . .
39. Park acreage. of. 24 acres shall be prOVided 8Ubject to the apprOVal Of park
~:ovtmeht-~.by' the~ I>irector- of . Parka and Recreation.
40. 'l'he open space corridor !tI'lCOll;lassing the SDGn: "sement and the San I>iego
1IIIter line shall- be incorporated into adjacent land Wle plans .. USable
open space and/or' parking. The adjacent land Wle lots shall be graded to
aCCOllplish an accePtable interface.
.
,
i 41. The 5:1' 91'adinq' s1lown on EastLake Parkway (reference aheet '2) ahall be
. eliminated and. shown as 3:1....
.42,. A minillUlll 15 ft. wide landscaped area shall be provided between the
aidewalk and wall arellS' created along single-family areas on Street eA".
H:l'I'E: Down slopes shall COllIllence at a IIl1ninalm distance of 10 tt. trem the
public .sidewalk.. Alternate tree plantings in apprOVed COncrete cone root
COntainers will be considered for lilll1ted areas.
.
. =43_ ClcPie.,of:.proposed4'e&!t's.shall be fiied with the City.
A. .
i .
44.. A low and lI\Oderate income hOUSing program with an established goal of 5'
~J~' an..LU.Jtpdera~~~~1l be implemented aUbject to the approval of the
City's hOUSing coordinator. N:n'E: A U change reSUlting in 4\ low and 6\
lI\Oderate . is deemed an acceptable tolerance. This condition ahall be
deferred and. 'further":t!YAlUated' u. a-"factor: in .the analYsis of .the General
Plan denSity POlic1es as' they relate to parcels R-24, R-25, R-26, R-27,
and R-28.
'. '....
45. All paved access to sewez:: and drainage outlets shall 'be SUbject to
I approval by the Director of ' Planning.
9. min._ of tI"M ch."" Site. 'otoling 7 '"'"' _, be """''''' ...,.,
to recordation of the final map.
'47. ~n space easements shown at- the rear of various lots baCking onto the
.. golf COUrse shall be included in the golf co~rse llIIintenance program.
48. All lots adjacent to intersections subject to road Widening requirements
shall require further review by the PlaMing I>ireetor to deterlll1ne
accePtability.
::JSchool -'-" sholl be ...... to "''''''de fACiliU.. Wi'" ......te
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Facilities I>istrict has been formed by the respectiVe SChOOl districts.
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. . 0., 50. Provide street. names on the tentative IIl!lp. '
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51. A conceptual landscape' Plan,' together with a water IIIIlIagement Plan, Shall
' be provided'. prior' to City Council approval of the tentative IIlIp and
- subject to the approval of City's Landscape Architect.
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52. Development of' all- parcels shall be in aCCOrdance With EaatLake Greens SPA
Plan, Public "acilities Pinancing Plan and Design Manual.
53. :~':'deYeioper'-8ha1i -enneX--"all- areas - Within, the-'aabdiviaion boundaries
prior to recordation of any final _p. _
54. '!'be, Phasing Plan shall-be designed,to CIOnn~ interior aubdiViaiCll'l8 Within
Phase r to the Atisfaction of the City Engineer. .. 0 0 : ,
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55. All lots Without approVed Private or public ac:ceas shall be ~own as a
single lot.
I". ,;,;~ ~'" shown .dj_, to "".rIy "de of Route 125 "''''''''' '''.11
/ be dedicated to the City across its entirety for future transfer to the
State, of California as part, , of - :'tutur.e~~o freeway. right-:of-way;, 0'. . SchOOl
District hIS option of PUtting in retaining wall across the high School
sit,. O:~", on,;""" _:_
tS;:\~i..,. .~" tot ...,; " """ .. a.",_ "'" . Pud.. plan
\:?' detailing : the , odesign of the., project is reviewed by the Design Review
Conrnittee. Thereafter, the lotting of Unit 14 Will be considered by the
,.., Ci~y Council of .or otentative subdivision IIlIp approval..
58. Orllllge Avenue corridor deSign shall be subject to approval of the Director
of Planning regarding grading, slope grading, landscaping and fenCing.
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59. Ail'iots 'in- units' 4~ '7,-and'8 Shall 'b8"a minillUm of 50 feet wide and 20'
of lot$ in Units 11 and 13 shall be a minillUm of 50 feet wide.
A minimum of twenty (20) percent of all lots within Units 4, 7, and 8, n,
and 13 are intended to acc..."..odate one-story units or units with a
one-story plateline along the street frontage. Said one-story units shall
be placed on lots with a minillUm width of 50 feet. .
.
Any units displaced as a result of reviaion .to the Subdiviaion Illy be
considered for transfer to another unit within EastLake Greens.
60. Major entry points to the EastLlke Greens development shall require
aDOroval of the Director of Planning with respect to grading, Slope
gradient and landscaping.
61. All of the open space lots shall be dimensiOned (see Loop Street "A"
adjacent to Units 14, 39 and 13). .
62. Q:len apace lots adjacent to private park.s shall be inclUded in the private
parks to be maintained by the Homeowners AsSOCiation.
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. '.. 'f!) A"Water .agreement with Otay Hunic:ipa]. Water District regarding terminal
(. / :;~a9.::. ~d wat~:. :,:lY .~l ~, required prior to apprOVal of the final
64. A pedestnan bridge or an alternative acceptable to the City Engineer
shall be constructed OVer Otay Lalces Road to connect the COJmunity trail
. ftOm E:aStLake I"to EastLake II.
ErR HitiQ~tion Heasur~s - Plannin;
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65. Residential land USes planned adjacent to or near COIlIlIerc:ial and
industrial USes shall be adequately buffered. Necessary ...ures will
1nc:lude . 1- wall or. fence to decrease' noise and increase privacy, a
physical, vertii::al or horizontal aeparation between land us.., 1.e., a
road, slopes or a landscaped open 8pace buffer, or aome type of vegetative
screen. IlIIpllcts OC:C:Urring as a result of. site-specific deSigns Will be
lliitigated on a site-specific basis. (pg. 4-15)
66. In order to mitigate the site specifiC illlpllcts, the fOllOWing IIlUSt be
COlIq:)leted in accordance with the thresholds POlicy and the East C1ula
VIsta TranSPortation Phasing Plan: ,
a. . Improve Telegraph Canyon Road between State Route 125 and the
EastLake Greenslrrails boundary to six-lane prime arterial standards.
(jf~". Qlnstruct P.Bnte Par/c'tIIIY' aitl', tastLake Parkway as -jor roads between
:-.' Telegraph Canyon Road and Orange Avenue.
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c. Construction of a southbound state Route 125 to eastbound Telegraph
.... Canyon Road loop ramp at the State Route 12Slrelegraph Canyon Road
intersection or extend State Route 125 South to East Palomar Street
(Which would COMeet to the 'EastLake II street
-.. '_.. 'system). .', . ...... , (pg. '4-37)'
67. The on-site water storage tank shall. receive additional landscaping. '1'his
shall include the Use of additional vegetation Within the site compound to
'obscure the tank itself, as well as exterior landscaping of the perimeter
fence to provide a more aesthetic screen.
68. Residential units in the vicinity of the SDG&E transmission line shall be
8paced and oriented to lliinimize views of those facilities. '1'he 50-foot
buffer along bot!! sides of the roadway traversing the northern site
boundary shall receive sufficient landscaping to effectively acreen
developnent aSSociated with EastLake I. Additionally, residential units
in the northern project site shall be spaced and oriented to lliinilllize
views to the north where appropriate.
69. A preliminary geotechnical report has been prepared for the EastLake
Greens property by San Diego Soils Engineering, Inc. (1986). '1'hi. report
contains various rec:onvnendations to provide adequate surface and
subsurface drainage and erosion control that shall be incorporated into
the project desi~n. Recommended measures inClUde, but are not limited to,
the fOllO''''ing:
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na.turll areas and graded areas anould be Illin1m1zed. lIlere IlOas1ble,
drainage ahould be direc:tec! to suitable disposal are.. via nonerosive
devices (i.e., paVed swales and storm drains).
;,... .. Pae! drainage .shoul~ be ~~gned to . collect and direct surface waters
_.~ away from proposed structures to apprOVed drainage facilities. for
earth areas, a IIlinillUll gradient of two percent ahould be -inta1nec!
.: ..... aJ1d drainag'~_ should ~ directed toward approved 8Wales or drainage
. rem~ies. urAlna~tterns approved at the time of fine vrac!ing
should be lII/lintainec! throughout the life of proposed structures..
70. Sul:?c!rains shall be plaCed under all fill locatee! in existing drainage
49ul!~~'t - at 4~ntified o~. . pQtential.. "'page areas. Specific locations.
shall be. eValuated in the field during vrading with veneralSllbc!rain
loc;a~ions . ine!icated on the approved vrading plan. !be . Subc!rain
installation shall be reviewed by the engineering geologist prior to fill
placement.
71. Drainage devices are required behine! stabilization fills to IIlinimize the
bulld-up... of.. hydrostatic. and/or seepage forces. (See Preliminary
Geotechnical InveStigations, San Diego Soils Engineering, .Inc. (1986) for
details and reCOlllllended .locations of these backe!rains.) Depending on
slope . height, at least . one tier of drains would be required for
approximately every 30 feet of slope height. Drains NY also be needed at
contacts between permeable and non-permeable forlll/ltions.
72. Slopes shall be planted with appropriate drought-resistant vegetation as
rec:,:)II".ende~ by a landscape architect inrnee!iately fOllOWing grading.
Erosion control ane! drainage.e!evices shall be installee! in compliance with
the requirements of the City of Chula Vista.
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.73. Water.shail not be.allowee!"to.run oVer the top of or flow down grae!ed or
natural slopes.
74. DeVices constructed to drain and protect slopes, inclue!ing brow ditches,
berms, retention basins, terrace drains (if utilized) ane! down drains
shall be maintained regularly, ane! in particular, should not be allowed to
clog .0 that water can flow unchecked over slope faces. Subc!rain OUtlets
shall be maintained to prevent burial or. other blockage.
75. '1'0 ensure that significant and potentially unique fossils and
paleontOlogical resources are not destroyed without examination ane!
analYSis, it shall be required that a qualified paleontOlogist monitor the
initial grading activities during development of the EastLake Greens site.
76. a. Walls and/or berms shall be installed to the satisfaction of the
Director of PlaMing to reduce noise exposure. to acceptable levels
onsite.
The applicant has proposed an optional 5-foot fence enClosing the
perimeter of the residential boundary (Figure 2-10), and the 5-foot
wall height was factored into the model to analyze the effectiveness
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C?~_SUch. a.,wa.ll cro. t1!IL~!.9!!i.f!.cant noise 1mpaets projected OrlSite. In
some cases, a 5-foot Wall: :height was determined not to be required
and a lower wall height was evaluated.
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It was determined that a 5-foot barrier along the top of slOpe on'
: JlQrUol1s..of..the .eastern aiCIe 'of Eastt.ake Parkway anCI portions of the
tn\:ernal: . loop. road, and contiguous to the northern and southern entry
roads, would reCluce projected O!\Site nois. levels below 6SCIB(A)CNEL
. (Figure .4-17). A 3-foot barrier. WOUld alao be requireCI along "'the
Centt~: golf C:I:lune'~oad 'to. further 'attenuate onsite noise levels.
Noise. levels at the park could be reCluced through the incorporation
of barriers of IIlinimal height (i.e., 1 to 2 feet). WaUs are not
rec:",...,.enCled because of aesthetic considerations and because the
. attenuation required is Only tw decibels. Attenuation at the park
could be achieVed by raising the pad elevations near the contributing
roadways by. 2 feet wtead of 'incorporating a barrier. !l'tle barriers
along residential portions of the site shOUld consist of walla, earth
berms, Or a combination of walla and benns. Noise levels above 65
C1BCA) and below 75 C1BCA) CNEL 'are considered conpatUlle With the
.., proposedCOlmlercial area in the northwest corner of the project area
. .. 'and no barriers are required to attenuate the noise levels in this
' area of the site. .
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, Based :OQ the. current grading plan, the identified noise walla would
. mitigate the projected exterior noise levels below the required 65
..:or;;~L'standucLand:..to:lf,;leVel'''Of inSignificance with the exception of
the park Where slight exceedances would OCCUr. If the pad elevation
," is raised, as' .rec:o...,.ended, no .adverse noise _eta WOuld OCCUr
;,.. onsite. .:.: ..:;. ..... .....
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. b. For. those portions of the .site exposed to 60 CNEL or greater
Cidentified in Figure 4-17), an interior acoustical analysis will be
; required onee building plans and site plans are 'Nde avaUable to
..ensure the use of appropriate construction Nterials to attenuate the
interior noise levels below a level of Significance.
77. On an interim basis; Parcels R-24i'R-25, R-26, R-27, and R-28 shall be
zoned at the target density of 4.5 dwelling units per acres. A Nximumof
4,034 uni ts will be approved for EastLake II until SUch time as the
guidelines for exceeding the target density for the General Plan Update
are resolved. The following procedure w.1l1 occur to determine additional
density, if any, for the EastLake project.
a. Specific guidelines for exceeding. the target General Plan
density will be adopted;
b. '!he adopted General Plan POlicies Will be applied to determine
the incremental units to be added to EastLake II.
c. The units from the new calculation will be distributed to these
five parcels or other unsubCIivided POrtion of EastLake Greens
Tentative "..p.
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d. 'nle SPA Plan and Tentative Hap will be returned to the Planning
Ccmnissionand City Council for adoption of the increased
density, if any. . .
Prior to the recordation of the final map, the EastLake I private park
agreen~1t- shaU.be apprOYed;by .the CitY.Council. ....
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The EastLake Greens Development Agreement ahall contain a prOVision
_king t:he EastLake Graens proj.:t aubjec:t to the Transportation
Phasing PlaD' and tile:-(icowth-Hanagement. Element of 'the:- Ceneral Plan.~... . .
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Prior to recordation of the final map, the applicant ahall 8IItladt an
~reement tC> the City regarding public use of the golf course... 'lhis
1IlaY'. tle "addressed in the conditiOnal use perlllit required for the golf
course.
81. The Planning Cbrmlission l'~..,,,,,ndation regarding the reduction of
dwelling um ts contained in Cendi tion 13 of the EaatLake II General
Development Plan is incorporated into this resolution (EastLake Greens
reduced from 3609 dwelling units to 2774 dwelling units).
FINDINGS:
Pursuant to Section 66473.5 of the SUbdivision Hap Act, Tentative
Subdivision Map for EastLake Greens Tract 88-3 is found to be consistent
with. the .Chula Vista General Plan as adopted by the Chula Viata City
Council baseC on the following findings:
1. Land Use Element
The General Plan deSignates the EastLake Greens areas for Low-Medium
Residential as well as COlIIIlercial, public, quasi-public (schools,
parks, churches) and some open space. 'nle r~"...ended 2,774
residential units is within the density (between target and maximum)
range of the General Plan residential designation of low/medium
residential (3-6. du/gr. ac.)', inClUding density transfers from the
park, school, and golf course to the residential area (327 du).
2. CirCUlation Element
All of the on-site and off-site public streets required to serve the
subdivision will be constructed or DIF fees paid by the developer in
accordance with the EastLake Greens PUblic Facilities Financing Plan
and Developnent Agreement.
3. Housing Element
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The proposed project w11l provide a IllinillUm of 10'
housing including a mix of hoUSing types and lot
single-family, townhouses, condominium. and various
densities that will prOVide a wide spectrum of hOusing
persons of various incomes.
affordable
sizes for
apartment
prices for
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4. Parks and Recreation Element
'!'he subdivision will provide approxilllltely 40 acres of Uproved
COlmIunity and neighborhOOd parks in accordance with locations and
' , . standards of the General Plan. 1'he rlQ'llired park acreage for
,f.:';:~t~e .Greens'-fS~ acres. _
5.. Public Facilities Element
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..-!~'1'he -project .'J:lh"Obligated-"1n the. cnditions of approval to
participate in providing the water facilities, wastewater facilities
and drainage facilities required by the POlicies of the General
. ':.Plan. These include emergency water atorlqe reservoir, construction
. of. .50 lIl1llion gallon facility by QlWI), prOVisions for additiOnal
wastewater facilities by parallel sewer Pipelines and constructing
on-site detention basins to reduce peak atom flows. .
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f. ,Open Space and Conservation El~nt
The proposed subdivision is in confot'llllnce with the goals and
POlicies of the element. There are no land resources, water
resources, plant or animal resources or open space areas identified
for preservation in the General Plan for this site.
7. Safety Element
". '!'he project site is considered a Seismically active area, although
there are no known active faults on or adjacent to the property.
.The fire. protection facilities and services needed to serve the
project have been reviewed by the Fire Department. Other emergency
service ac:encies have reviewed the proposed subcUv1sion for
conformance with safety POlicy. The project will increase the need
for additional. police and fire personnel, however, the City is
.planning to meet the need with adclitional revenues provided by the
project. .
Pursuant to Section' 66412.3 of the SUbdivision fot.ap Act:, the effects of
the tentative ~a9 for EastLake Greens Tract 88-3 on the housing needs of
the region has l)een consic!erecl in that the subdivision will provide a
variety of housing types that will serve all aspects of the COIIIIlI.Inity.
The Council has further balanced the need for housing .gainst public
service needs of its residents and ....ailable fiscal and environmental
resources in that the City has weighed the fiscal effects of the project;
and finds that it will not deplete CUrrent resources and has further
balanced the environmental effects by incorporating lIl1tigation ..asures.
Pursuant to Section 66473.1 of the SubcHvision ".ap Act, the EastLake
Greens Tract 88-3 has provided to the extent feasible for future paSSive
or natural heating or cooling Opportunities in that the proposed deSign
has a predominant north-south orientation of long, narrow parcels
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encouraqinq east-west orientation of bulldinqs lInd ~eatinq aouthern
exposure for pitched lonqitudinal roofs to facll1tate solar energy.
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Presented by
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Plannnq .
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Approved as to form by
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AUG 24 '95 12:38 HUNSAKER SAN DIEGO
08/24/1995 11:34 6196915171
EX}tI(3IT 1= P.5
CITY CF CH.LA VISTA PAlE 04
7llE em OP ClIUU nST,( PARn'DISCLOSURE ST'(TEMENT
. Statement of disclosure of certain ownership intere'li, payments, or c:empaian eontributions, 011 all matters
which wiD require discretionary action on the part of the City CouncU. PlaDnina Commisaion, and all other
( official bodies. The foUowin, information must be disclosed:
1. Lilt the names of an persons havina a fin.nelal interest in the comract, 1e., contraclOr,
subcontractor. material supplier.
EASTLAKE DE\7EI.OIM':NI' CXl\1PANY (EDC)
CALIFrnNIA PACIFIC lIl\1ES (em)
....
2.
If any pel'lOtl identifIed pursUAnt to (1) a~e is a eorporation or partnel'lhip, Uat the DlUIIes of all
individuals ownina more than 10% of the shares In the ~......tlOD or own.Iai any pannership
interest in the panncrsblp.
CPR - IINATD L. BREN'rnlJST
EDC - JnC<WFT.T. PlVPERrIES. IOC.
3.
If any person identified punuant to (1) above is non-profit oraanizallon or a trust, Ust the namel"
of any penon servinl u director of the non-profit orvni'l'tlon or as trustee or benerJdaty or
trustor of the trust.
TnJAT n L. BRFN 'IRIJS1EE
s.
Have you had more than 5250 worth of business tratlllctcd with any member of tile City stafl',
Boards, CommissioDS, Comminees and Council within the put twelve months? Yea_
No..x. If yes, plcue indicate perIOD(s):
Pleue identify each and every penon, includins any asents, employees, eoDl~ or Independent
contractors who you have asslaned to represcnt you before the Oty in this matter.
EDC - KE SNYDER. BIlL 0S'IRE\1. CPH _ RHF.RVI HAR\1RR M,CRAF.T. IIlNHAM
OlR'l' !,;1'F.PHRN~, PAIJL NIE'IO J<EN N:B\1AN
6.
Have you and/or your officers or asents, in the IllP'Clltc, eontributed moie than '$1,000 to a
Councllmembet in the current or preceding electioD period? Yes _ No 1L. If yes. .tale whi~h
Cauneilmembcr(.):
lwwll5 dcllDid.: ~)' l"dillid/la~/ImI. ~ptIrIMnhIp. jrJ/nJ o.ocNIIn, tIIIOd~ 6tJdn1 club, f'1rwnuIl ",.~.,iMI-. M'pOMliaIl,
r$lIl/t. IIIIIT. rrull'tI\ '>'fIIlellll, tItiI oNI "", 0111" CCIIIII/)\ city IINI CDC/IIII)', d/)', I/fIII/JdpttIity, dJnria ", 0111" polItic.1 .1>di~iliUl~
", ell.,. Olliff pip or _1I1IIa/iOll ."inr III " UIIII..
(NOT!: AII.eIl MtdIliollll plllCl . _I)')
Date: -!J/<I~r
_\0 ~D
Sipature of ClIRlJ!l.I./appllcant
MICRA!':]'. R. 00NIW\1. VICE PRESlIENI' - em
Print or type name of contractor/applicant
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RESOLUTION NO. 13'tltt/?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING CONDITION OF APPROVAL
NUMBERS 7, 37, 38, 39 AND AMENDING CONDITION
OF APPROVAL NUMBER 36 RELATING TO CERTAIN
PUBLIC IMPROVEMENTS FOR CHULA VISTA TRACT 95-
05, EASTLAKE GREENS UNIT 28
WHEREAS, staff recommends that Condition of Approval No.
7, which required the developer to relocate the street light to the
northwesterly corner of Clubhouse Drive and palomira Court, be
waived; and
WHEREAS, California Pacific Homes, requested that sewer
and water utilities within the subdivision be private and staff has
determined that since all proposed sewer and water facilities
within the subdivision serve only homes within the subdivision,
they may be private; and
WHEREAS, because of this determination, the Conditions of
Approval Nos. 37, 38, and 39 of the tentative map requiring the
developer to grant various utility easements may be waived; and
WHEREAS, in addition, staff recommends that Condition of
Approval No. 36 may be revised to read:
"Indicate on the final map a future 10' wide
private sewer easement to be granted to the future
Homeowners' Association over the sewer facilities
within Lots 3 and E."
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby waive Condition of Approval Numbers
7, 37, 38, 39 and amending Condition of Approval Number 36 relating
to certain public improvements for Chula vista Tract 95-05,
EastLake Greens unit 28.
BE IT FURTHER RESOLVED that the waiver of said conditions
applies only to EastLake Greens unit 28 and does not constitute a
waiver of these conditions for other final maps for EastLake
Greens.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
Br~~k~
Attorney
1M i
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RESOLUTION NO.
/ %'tJ(, /7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT TO SATISFY CERTAIN
CONDITIONS OF APPROVAL FOR CHULA VISTA TRACT
95-05 EASTLAKE GREENS UNIT 28 AND AUTHORIZING
MAYOR TO EXECUTE SAME
WHEREAS, the developer of Fieldstone Crest has executed
a Supplemental Subdivision Improvement Agreement to satisfy various
conditions.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve a Supplemental Subdivision
Improvement Agreement to satisfy certain conditions of approval for
Chula vista Tract 95-05, EastLake Greens unit 28, a copy of which
is on file in the office of the City Clerk as Document No. (to
be completed by the Clerk in the final document).
BE IT FURTHER RESOLVED that the approval of this
Agreement and of this Final Map does not constitute a waiver by the
City of any of the Developer's obligations with respect to park
improvements, as set forth in Condition No. 39 of Resolution 15200,
the EastLake Park Agreement, Eastlake Greens Development Agreement,
EastLake greens Three Development Agreement and such other
Agreements that Developer may have assumed the obligations thereof.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Supplemental Subdivision Improvement Agreement on behalf of the
City of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
(A_
Bruce M.
Attorney
71A. 1CU)-C, ~
Boogaard, cit
C:\rs\Greens28.fM
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RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CHULA VISTA
270 Fourth Avenue
Chula Vista CA 91910
No Transfer tax is due as this is a conveyance to a
public agency of less than a fee interest for which no
cash consideration has been paid or received.
Declarant
For Recorder's Use Only
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
EASTLAKE GREENS UNIT 28
THIS SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
("Agreement") is made and entered into this day of , 1995, by and between CV
Homes-I, L.L. C. ("Developer" or "Grantor" ), a limited liability corporation, and the CITY OF
CHULA VISTA, a California municipal corporation ("City" or "Grantee" for recording purposes
only) with reference to the facts set forth below, which recitals constitute a part of this
Agreement:
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and incorporated herein
("Property"). For purposes of this Agreement, the term "Project" shall also mean Property.
The Property is part of a land development project commonly known as Fieldstone Crest.
Developer is the owner of the Property.
B. The City has adopted Resolution No. 15200 (Tract 88-3) pursuant to which the
City approved the EastLake Greens Tentative Subdivision Map for the Fieldstone Crest Project
and as amended by Council on December 14, 1993. The Property is a part of the EastLake
Greens Tentative Subdivision Map and is referred to therein as Unit 28.
C. The City has adopted Resolution No. 17935 (Tract 95-05) pursuant to which the
City approved the Tentative Subdivision Map, commonly referred to as EastLake Greens Unit
28 ("Tentative Subdivision Map") to subdivide the Property into lots.
D. The City has approved the Tentative Subdivision Map subject to certain conditions
as more particularly described in Resolutions No. 15200 and 17935. The description of the
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conditions in this recital section of the Agreement is intended only to summarize and paraphrase
such conditions in the Resolutions, and is not intended herein to modify or explain them, and
is not intended as a basis for interpreting them.
E. Developer is ready to file a final map for the Property (the "Final Map") and by
this Agreement will satisfy a number of conditions of Resolutions 15200 and 17935 required to
be satisfied prior to the filing of the Final Map.
F. Condition VIII "B" of Resolution No. 17935 requires Developer to diligently
implement, or cause the implementation of all mitigation measures pertaining to the Project
identified in the Final Supplemental Impact Report for Eastlake Greens FEIR-86-04 and
Mitigated Negative Declaration 15-94-19.
F. Condition VIII "C" of Resolution No. 17935 requires Developer to implement,
or cause the implementation of, all portions of 15-94-19 Mitigation Monitoring and Reporting
Program pertaining to the property.
G. Condition VIII "D" of Resolution No. 19735 requires Developer to implement
previously adopted conditions of approval pertinent to project and to comply with all unfulfilled
conditions of approval ofthe Eastlake Greens Tentative Map, Chula Vista Tract 88-3 established
by Resolution No. 15200 approved by Council on July 18, 1989, and any subsequent,
amendment(s) to such Tentative Map condition(s) approved by City Council on December 14,
1993, and shall remain in compliance with and implement the terms, conditions and provisions
of Eastlake Greens Sectional Planning Area, Eastlake Greens Planned Community District
Regulations, the Eastlake Greens Development Agreement, the Water Conservation plan and the
Air Quality Plan, Design Guidelines and the Public Facilities Financing Plan.
H. Condition 22 of Resolution No. 17935 requires Developer, prior to the approval
of the first Final Map, to enter into an agreement with the City whereby:
The Developer agrees that the City may withhold building permits for the subject
subdivision if anyone of the following occur:
A. Regional development threshold limits set by the East Chula Vista Transportation
Phasing Plan have been reached.
B. Traffic volumes, levels of service, public utilities and/or services exceed the
adopted City threshold standards.
C. The required public facilities, as identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to satisfaction of
the City. The Subdivider may propose changes in the timing and sequencing of
development and the construction of improvements affected. In such case, the
PFFP may be amended as approved by the City Planning Director and Public
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Works Director.
I. Conditions 23 of Resolution No. 17935 requires the Developer to Agree to
defend, indemnify and hold harmless the City and its agents, officers and employees, from any
clam, action or proceeding against the City, or its agents, officers or employees to attack, set
aside, void or annul any approval by the City, including approval by its Planning Commission,
City Council or any approval by it agents, officers or employees with regard to this subdivision
pursuant to Section 66499.37 on the Map Act, provided the City promptly notifies the
Subdivider of any claim, action or proceeding and on the further condition that the City fully
cooperates in the defense.
J. Condition 24 of Resolution No. 17935 requires the Developer to agree to hold the
City harmless from any liability for erosion, siltation or increase flow of drainage resulting from
the Proj ecL
K. Condition 25 of Resolution No. 17935 requires the Developer to agree to insure
that all franchised cable television companies ("cable company") are permitted equal opportunity
to place conduit and provide cable television service to each lot within the subdivision, and to
Restrict access to the conduit to only those franchised cable television companies who are, and
remain in compliance with all other rules, regulations, ordinances and procedures regulating and
affecting the operation of cable television companies as the same may have been, or may from
time to time be, issued by the City of Chula Vista.
L. Condition 26 of Resolution No. 17935 requires Subdivider to agree to submit a
detail landscape and irrigation plan for open space lots A,B,C,D,E and common open space
areas inclusive of front and exterior side yard areas to the City Landscape Architect for review
and approval prior to issuance of grading permits. The plans shall provide tree/shrub species
size information, and hardscape materials specifications. The final landscape/irrigation plans
shall be in compliance with Section 6.4 (General Landscape Concept) of the Eastlake Greens
SPA.
M. Condition No. 27 of Resolution No. 17935 requires Subdivider to agree to
improve the golf course view point west of the subject site in conjunction with the development
of the Project Site and install golf course trail markers along N. Greensview Drive and Hunte
Parkway in accordance with the Eastlake Greens Trails Plan. Detailed development plans for
the golf course view point and trail marker design details shall be submitted to the Planning
Department and Parks and Recreation Department for review and approval prior to issuance of
building permits.
N. Condition 13(c) of Resolution No. 15200 requires Subdivider to enter into an
agreement wherein he agrees to not protest formation of an assessment district for the
construction of street improvements to connect Orange Avenue and Palomar Street existing
improvements to the west of the subject property and to not protest inclusion of the subject
improvements as projects in the Eastern Territories Development Impact Fee system.
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O. City is willing, on the promises, security, terms and conditions herein contained
to approve the Pinal Map for which Developer has applied as being in substantial conformance
with the Tentative Subdivision Map
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns and interests of the parties as to any or
all of the Property until released by the mutual consent of the parties.
1.2 Agreement Runs with the Land. The burden of the covenants contained
in this Agreement ("Burden ") is for the benefit of the land owned by the City, more particularly
described as Lot 2 of Map No. 12544, recorded Jan. 26, 1990, in San Diego County. The
Burden touches and concerns the Property. It is the intent of the parties, and the parties agree,
that this covenant shall be binding upon, and run with, the ownership of the land which it
burdens. The Burden of this Agreement shall be released from title, of any individual lot within
the Project upon sale of such lot improved with a residence, provided however, the City
determines that the effect of such release, or in conjunction with previous releases, will not
jeopardized the completion of the improvements or other obligations remaining under this
Agreement. If the City determines that the release will not jeopardized said obligations, the City
shall execute a quitclaim releasing the Burden of this Agreement from the title to any such lots.
As to any lots which have not been released, the Burden of this Agreement shall continue to
encumber such lots and shall be binding upon, and run with, the ownership of such lots until
such lots are released. The City may refuse to issue Building Permits for any such unreleased
lots while Developer is in breach of any terms or conditions of this Agreement or the Tentative
Map.
a. Developer Release on Guest Builder Assignments. If Developer
assigns any portion of the Project, Developer may have the right to obtain a release of any of
Developer's obligations under this Agreement, provided Developer obtains the prior written
consent of the City to such release. Such assignment shall, however, be subject to this
Agreement and the Burden of this Agreement shall remain a covenant running with the land.
The City shall not withhold its consent to any such request for a release so long as the assignee
acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of
the Developer under this Agreement, and demonstrates, to the reasonable satisfaction of the
City, its ability to perform its obligations under this Agreement as it relates to the portion of the
Project which is being acquired by the Assignee.
b. Partial Release of Developer's Assignees. If Developer assigns
any portion of the Project subject to the Burden of this Agreement, upon request by the
Developer or its assignee, the City shall release the assignee of the Burden of this Agreement
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as to such assigned portion if such portion has complied with the requirements of this Agreement
and such partial release will not jeopardize, in the opinion of the City, the likelihood that the
remainder of the Burden will not be completed.
2. Condition VIII "B" of Resolution No. 17935 - Implement Mitigation
Measures. In satisfaction of condition VIII "B" of Resolution 17935, Developer hereby agrees
to diligently implement, or cause the implementation of, all mitigation measures pertaining to
the Property identified in the Final Supplemental Impact Report for EastLake Greens FEIR-86-04
and Mitigated Negative Declaration IS-94-19.
3. Condition VIII "C" of Resolution No. 17935 - Implement the Mitigation
Monitoring and Reporting Program. In satisfaction of condition VIII "C" of Resolution
17935, Developer hereby agrees to implement, or cause the implementation of, all portions of
the Mitigation Monitoring and Reporting Program set forth in Mitigated Negative Declaration
IS-94-19, as it pertains to the Property.
4. Condition VIII "D" of Resolution 17935 - implement previously adopted
conditions. In satisfaction of condition VIII "D" of Resolution 17935, Developer hereby
agrees, unless otherwise conditioned, Developer shall comply with all unfulfilled conditions of
approval of the EastLake Greens Tentative Map, Chula Vista Tract 88-3 established by
Resolution No. 15200 approved by Council on July 18, lQ89, and any subsequent amendments
to such Tentative Map conditions approved by City Council on December 14, 1993, and shall
remain in compliance with and implement the terms, conditions and provisions of EastIake
Greens Sectional Planning Area ("SPA"), EastLake Greens Planned Community District
Regulations, the EastLake Greens Development Agreement, the Water conservation Plan, the
Air Quality Plan, Design Guidelines and the Public Facilities Financing Plan.
5. Condition 22 of Resolution No. 17935 - Permits not to issue while threshold
Deficit or PFFP facilities not completed.
In satisfaction of Condition 22 of Resolution No. 17935, Developer agrees as follows:
a. The City has the right to withhold building permits for any dwelling units
on the Property at such time as anyone of the following occurs:
(1) Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached; or,
(2) Traffic volumes, levels of service, public utilities and/or services
exceed the threshold standards in the adopted City threshold standards.
b. The City has the right to withhold building permits if the required public
facilities, as identified in the PFFP or as amended or otherwise conditioned, have
not been completed or constructed to the satisfaction of the City. The Developer
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may propose changes in the timing and sequencing of development and the
construction of improvements affected. In such case, the PFFP may be amended
as approved by the Planning Director and City Engineer.
6. Conditions 23 of Resolution 17935 -Subdivision Map Indemnity. In satisfaction
of Condition No. 23 of Resolution 17935, the Developer agrees to, on defend, indemnify, and
hold harmless the City, and its agents, officers and employees, from any claim, action, or
proceeding against the City, or its agents, officers or employees, to attack, set aside, void or
annul any approval by the City, including approvals by its Planning Commission, City Council,
or any approval by its agents, officers, or employees with regard to this subdivision pursuant
to Section 66499.37 of the Map Act provided the City promptly notifies the Developer of any
claim, action or proceeding and on the further condition that the City fully cooperates in the
defense.
7. Condition 24 of Resolution No. 17935 - Erosion, Siltation, & Drainage
Indemnity. In satisfaction of condition 24 of Resolution 17935, Developer agrees that, on the
condition that City shall promptly notify the Developer of any claim, action or proceeding,
Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and
employees, from any claim, action, or proceeding against the City, or its agents, officers or
employees, related to erosion, siltation or increased flow of drainage resulting from the
Property. City agrees to reasonably cooperate with Developer in the defense of any such action,
claim or proceeding.
8. Condition No. 25 of Resolution No. 17935 - Cable Television Easements. In
satisfaction of Condition No. 25 of Resolution No. 17935, the Developer agrees to permit all
cable television companies franchised by the City of Chula Vista equal opportunity to place
conduit to and provide cable television service for each lot or unit within the Property.
Developer further agrees to grant, by license or easement, and for the benefit of, and to be
enforceable by, the City of Chula Vista, conditional access to cable television conduit within the
Property only to those cable television companies franchised by the City of Chula Vista the
condition of such grant being that (a) such access is coordinated with Developer's construction
schedule so that it does not delay or impede Developer's construction schedule and does not
require the trenches to be reopened to accommodate the placement of such conduits; and (b) any
such cable company is and remains in compliance with, and promises to remain in compliance
with, the terms and conditions of the franchise and with all other rules, regulations, ordinances
and procedures regulating and affecting the operation of cable television companies as same may
have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby
conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as
the City determines appropriate, including revocation of said grant upon a determination by the
City of Chula Vista that they have violated the conditions of the grant.
9. Condition 26 of Resolution No. 17935 - Open Space Landscape and Irrigation.
In satisfaction of condition 26 of Resolution 17935, Developer agrees to submit a detail
landscape and irrigation plan for open space lots A,B,C,D,E and common open space areas
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inclusive of front and exterior side yard areas to the City Landscape Architect for review and
approval prior to issuance of any grading permits for the Property. The plans shall provide
tree/shrub species size information, and hardscape materials specifications. The final
landscape/irrigation plans shall be in compliance with Section 6.4 (General Landscape Concept)
of the Eastlake Greens SPA. Developer shall complete the installation of said improvements in
accordance with the approved Landscape and Irrigation Plan prior to the occupancy of the first
dwelling unit of the Property.
10. Condition 27 of Resolution No. 17935 - Improve Golf Course View Point. In
satisfaction of condition 27 of Resolution 17935, Developer agrees to improve the golf course
view point west of the Property in conjunction with the development of the Property and install
golf course trail markers along N. Greensview Drive and Hunte Parkway in accordance with the
Eastlake Greens Trails Plan. Developer agrees to complete construction of said improvements
by the third anniversary date of the approval of this Agreement. Detailed development plans
for the golf course view point and trail marker design details shall be submitted to the Planning
Department and Parks and Recreation Department for review and approval prior to issuance of
the first building permit for the Project.
II. Condition No. 13(c) of Resolution No. 15200 - Agreement not to Protest
Fonnation of Assessment District. In satisfaction of condition 13(c) of Resolution 15200
Developer agrees not to protest the formation of an assessment district for the construction of
street improvements to connect Orange Avenue and Palomar Street to existing improvements to
the west of the EastLake Greens boundary and not to protest the inclusion of the subject
improvements as projects in the Eastern Territories Development Impact Fee system.
12.. Compliance with Unfulfilled Conditions. Subdivider agrees to comply with all
the conditions of the Tentative Subdivision Map applicable to the Property which remain
unperformed or unfulfilled at the time of the filing of the Final Maps.
13. Satisfaction of Conditions. The City agrees that the execution of this Agreement
constitutes satisfaction of Subdivider's obligation of Conditions VIII "B", "C", "D", 22-27 of
Resolution 17935 and Condition 13 (c) of Resolution No. 15200.
14. Recording. This Agreement, or an abstract hereof prepared by either or both
parties, may be recorded at the option of either party.
15. No Waiver of Park Obligations. The signing of this Agreement and the approval
of this Final Map shall not be considered a waiver of the positions both parties may hold with
respect to the park improvement obligations of the Developer, including but not limited to, the
dedication of parkland, the construction of the Community Center and Gym or such other park
improvements, as set forth in Condition No. 39 of Resolution 15200, the EastLake Park
Agreement, EastLake Greens Development Agreement, EastLake Greens III Development
Agreement and such other agreements that Developer may have assumed the obligations thereof.
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16. Miscellaneous.
16.1. Notices. Unless otherwise provided in this Agreement or by law, any and
all notices required or permitted by this Agreement or by law to be served on or
delivered to either party shall abe in wiring and shall be deemed duly served,
delivered and received when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have elapsed following
deposit in the U.S. Mail, certified or registered mail, return receipt requested,
first-class postage prepaid, addressed to the address indicated in this Agreement.
A party may change such address for the purpose of this paragraph by giving
written notice of such change to the other party. Facsimile transmission shall
constitute personal delivery.
.
City: THE CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, California 91910
Attn: Director of Public Works
Subdivider: C.V. HOMES-I, L.L.C.
9191 Towne Centre Drive Suite Ll01
San Diego, California 92122
A party may change such address for the purpose of this paragraph by giving
written notice of such change to the other party in the manner provided in this paragraph.
Facsimile transmission shall constitute personal delivery.
16.2. Captions. Captions in this Agreement are inserted for convenience of
reference and do not define, describe or limit the scope or intent of this
Agreement or any of its terms.
16.3. Entire Agreement. This Agreement contains the entire Agreement
between the parties regarding the subject matter hereof. Any prior oral or written
representations, agreements, understandings and statements shall be of no force
and effect. This Agreement is not intended to supersede or amend any other
agreement between the parties unless expressly noted.
16.4. Preparation of Agreement. No inference, assumption or presumption
shall be drawn from the fact that a party or his attorney prepared or drafted this
Agreement. It shall abe conclusively presumed that both parties participated
equally in the preparation and drafting of this Agreement.
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16.5. Recitals; Exhibits. Any recitals set forth above are incorporated by
reference into this Agreement.
16.6. Attorney's Fees. In the event of any dispute ansmg out of this
Agreement, the prevailing party in any action shall be entitled to reasonable
attorney's fees in addition to any other costs, damages or remedies.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as
of the day and year first hereinabove set forth.
CV HOMES-I, L.L.C.
By:
California Pacific Homes, Inc.
A California Corporation
Managing Member
Sherman D. Harmer
Sr. Vice President
By:
Michael R. Dunham
Vice President
City Clerk
CITY OF CHULA VISTA,
a California municipal corporation
A TrEST
Approved as to form by:
By:
Mayor of the City of Chula Vista
City Attorney
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EXHIBIT II A II
PROPERTY LEGAL DESCRIPTION
Lot 18 of Chula Vista Tract No.88-3, Eastlake Greens Phase I B/C, in the City of Chula
Vista, County of San Diego, State of California according to the map thereof No. 12545
filed in The Office of the County Recorder as File No. 90-047108 on January 26, 1990.
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RESOLUTION NO. /~~~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 95-05 EASTLAKE GREENS UNIT 28, ACCEPTING
THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION AND APPROVING SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista hereby finds that certain map survey
entitled CHULA VISTA TRACT 95-05, EASTLAKE GREENS UNIT 28, and more
particularly described as follows:
Being a subdivision of Lot 18 of Chula vista Tract No.
88-3, EastLake Greens Phase 1BjC, in the City of Chula
Vista, County of San Diego, State of California,
according to Map thereof No. 12545, filed in the office
of the County Recorder of San Diego county, January 26,
1990, together with a portion of Parcel 3 of Parcel Map
No. 16430, in the City of Chula vista, County of San
Diego, State of California, filed in the office of the
County Recorder of San Diego County, March 18, 1991 as
File No. 1991-0118635 of Official Records.
Area: 6.037 acres
Numbered Lots: 4
No. of Lots: 9 No. of units: 51
Lettered Lots: 5
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula vista the easements with the right
of ingress and egress for street tree planting and maintenance, all
as granted and shown on said map within said subdivision, subject
to the conditions set forth thereon.
BE IT FURTHER RESOLVED that said Council hereby rejects
on behalf of the City of Chula vista open space Lots A, B, C, D &
and E all as offered for dedication and shown on said map within
said subdivision noting that section 66477.2 of the Subdivision Map
Act provides that an offer of dedication shall remain open and
subject to future acceptance by the City.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be, and is hereby authorized and directed to endorse
upon said map the action of said council; that said Council has
approved said subdivision map, and that those certain easements
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with the right of ingress and egress for the construction and
maintenance of street tree planting, as granted thereon and shown
on said map within said subdivision are accepted on behalf of the
City of Chula vista as hereinabove stated.
BE IT FURTHER RESOLVED that the city Clerk be, and is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that
Improvement Agreement dated
completion of improvements in said subdivision, a copy of
on file in the office of the city Clerk as Document No.
completed by the city Clerk in the final document) .
that certain Subdivision
for the
which is
(to be
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
BrU~O~y~
Attorney
/5c -;L
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CHULA VISTA
270 Fourth Avenue
Chula Vista CA 91910
No Transfer tax is due as this is a conveyance to a
public agency of less than a fee interest for which no
cash consideration has been paid or received.
Declarant
For Recorder's Use Only
SUBDIVISION IMPROVEMENT AGREEMENT
EASTLAKE GREENS UNIT 28
THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into
this 7th day of September, 1995, by and between CV Homes-I, L.L.C., a limited liability
company ("Subdivider"), and the CITY OF CHULA VISTA, a California municipal corporation
("City") with reference to the following facts:
WIINES.EIH:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known
as Eastlake Greens Unit 28, pursuant to the provisions of the Subdivision Map Act of the State
of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal
Code relating to the filing, approval and recordation of subdivision map; and,
WHEREAS, the Code provides that before said map is finally approved by the Council
of the City of Chula Vista, Subdivider must have either installed and completed all of the public
improvements and/or land development work required by the Code to be installed in subdivisions
before final maps of subdivisions are approved by the Council for purpose of recording in the
Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider
shall enter into an agreement with City, secured by an approved improvement security to insure
the performance of said work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all
of the public improvements and/or land development work required in said subdivision within
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a definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration ofthe approval and recordation of said
map by the Council, to enter into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the public improvement work required
by City in connection with the proposed subdivision and will deliver to City improvement
securities as approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject
to certain requirements and conditions, as contained in Resolution No. 17935, approved on the
20th day of June, 1995 (Tentative Map Resolution).
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos. 95-297 through 95-303 inclusive, on file in the office of
the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public improvements according
to said plans and specifications has been submitted and approved by the City in the amount of
$13,700 (Thirteen Thousand Seven Hundred).
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
I. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and adjoining said
subdivision ("Improvement Work"); and will furnish the necessary materials therefore, all in
strict conformity and in accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by this reference are incorporated
herein and made a part hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the third anniversary date of Council approval of the
Subdivision Improvement Agreement.
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4. It is understood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of
said Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of the agreement, an approved improvement security from a
sufficient surety, show sufficiency has been approved by the City in the sum of Six Thousand
Eight Hundred Fifty Dollars ($6,850.00) which security shall guarantee the faithful performance
of this contract by Subdivider and is attached hereto, marked Exhibit "A", and made a part
hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved improvement security from
a sufficient surety, whose sufficiency has been approved by the City in the sum of Six Thousand
Eight Hundred Fifty Dollars ($6,850.00) to secure the payment of material and labor in
connection with the installation of said public improvements, which security is attached hereto,
marked Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from
a sufficient surety, whose sufficiency has been approved by the City in the sum of Two
Thousand Dollars ($2,000) to secure the installation of monuments, which security is attached
hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by City, and after certification by
the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or its successors in interest,
pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work, including design and
administration of construction (including a reasonable allocation of overhead), and any proceeds
from the improvement security.
3
/Sc-s
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion
of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen,
be liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of,
and any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of
Subdivider, its agents or employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the
public improvements constructed pursuant to this agreement; provided, however, that said
acceptance shall not constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to indemnification and agreement to hold harmless shall extend to damages to
adjacent or downstream properties or the taking of property from owners of such adjacent or
downstream properties as a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages resulting from diversion of
waters, change in the volume of flow, modification of the velocity of the water, erosion or
siltation, or the modification of the point of discharge as the result of the construction and
maintenance of drainage systems. The approval of plans providing for any or all of these
conditions shall not constitute the assumption by City of any responsibility for such damage or
taking, nor shall City, by said approval, be an insurer or surety for the construction of the
subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall remain in full force and effect
for ten (10) years following the acceptance by the City of the improvements.
4
I.SC - ("
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State
of California. Subdivider, for itself and its successors in interest, an obligation the burden of
which encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the tentative map resolution, and to do and perform or cause to be done and
performed, at its own expense, without cost to the City, in a good and workmanlike manner,
under the direction and to the satisfaction and approval of the City Engineer, all of the
Improvement Work required to be done in connection with the Final Map in and adjoining the
Subdivision, and will furnish the necessary materials for the Improvement Work, all in strict
conformity and in accordance with the plans and specifications, which documents have been filed
in the office of the City Engineer and are incorporated by this reference in this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as
of the date set forth above.
CV HOMES-I, L.L.C.
By:
California Pacific Homes, Inc.
A California Corporation
Managing Member
Sherman D. Harmer
Sr. Vice President
By:
Michael R. Dunham
Vice President
City Clerk
CITY OF CHULA VISTA,
a California municipal corporation
ATTEST
Approved as to form by:
By:
Mayor of the City of Chula Vista
City Attorney
5 /5C;-)
:/
LIST OF EXHIBITS
Exhibit "A":
Improvement Security:
Faithful Performance
Form:
Bond
Amount:
$6,850
Exhibit "B": Improvement Security: Material and Labor
Form: Bond
Amount: $6,850
Exhibit "C": Survey Monumentation
Security: Monuments
Form: Bond
Amount: $2,000
Securities approved as to form and amount by:
City Attorney
Improvement Completion Date:
Three (3) years from date of City Council approval of the
Subdivision Improvement Agreement.
6 /5C-Y
tll
COUNCIL AGENDA STATEMENT
Item /6-
Meeting Date 10/10/95
ITEM TITLE:
Public hearing regarding the vacation of a portion of Orange Avenue along
the frontage of Don Luis Mobile Estates at 121 Orange Avenue
Resolution / 3't? (,9 ordering the vacation of the above-mentioned Orange
Avenue right-of-way
REVIEWED BY:
City ManageuG ~ )
SUBMITTED BY: Director of Public Works
(4/Sths Vote: Yes-Noi)
Council, at its meeting held September 12, 1995, adopted Resolution No. 18031 declaring its
intention to vacate an excess portion of Orange Avenue right-of-way along the frontage of the Don
Luis Mobile Estates mobile home park (see Exhibit A) and setting October 3, 1995, as the date
for the associated public hearing.
In accordance with the California Streets and Highways Code, Council must hold a public hearing
to take testimony for or against the proposed vacation. Then, if all evidence given supports the
vacation request, Council must adopt a resolution ordering the vacation.
RECOMMENDATION: That Council hold a public hearing, adopt the subject resolution, and
direct the City Clerk to record the resolution, along with its associated legal description of the area
being vacated.
BOARDS/COMMISSIONS RECOMMENDATION: There are no City Board or Commission
actions required on this item. However, the Environmental Review Coordinator has determined
that this vacation falls into the category of a Class l-C exemption from CEQA requirements.
DISCUSSION:
The 14-acre parcel of land located at 121 Orange Avenue and owned by Mr. Luis Cacho was
developed into a mobile home park in 1975. It was in the unincorporated area of the County with
its east property line abutting the City's boundary at that time. In conjunction with his
development, Mr. Cacho was required by the County of San Diego to dedicate sufficient right-of-
way to extend Orange Avenue westerly, along the frontage of the property according to the
easement document, the County paid the consideration of $1 for the property. The geometries
/t-I
Page 2, Item I ~
Meeting Date 10/10/95
used for this right-of-way was to simply extend the existing alignment to the east, which was
thought by the County to be a logical design at the time (see Exhibit B). The total area dedicated
by Mr. Cacho was approximately 57,500 square feet.
Along with the dedication of right-of-way, Mr. Cacho was required to install curb, gutter and
asphaltic concrete (a.c.) paving in the newly dedicated right-of-way. A 32-foot-wide section of
pavement was installed to provide for two lanes of traffic along Orange Avenue from his easterly
property line, westerly to Albany Avenue, which borders the mobile home park on the west. The
paving also provided access to the mobile home park's driveway on Orange Avenue.
In 1979, the County completed a design for the construction of the missing portion of Orange
Avenue from the easterly property line of the mobile home park, which was the Chula Vista City
Limit at the time, west to its intersection with Third Avenue. The alignment for this new
construction was chosen so as to avoid the need to purchase and demolish several existing homes
fronting on Bethune Way, west of Albany Avenue. These homes were directly in line with the
original Orange Avenue alignment (see Exhibit C). The effect of the new alignment was to move
the proposed road northerly and, did not utilize all of the right-of-way previously dedicated to Mr.
Cacho.
Curb and gutter was installed along the north and south side of the new alignment. The pork chop
shaped island of excess right-of-way that remained is a combination of dirt and a.c. paving, more
or less as it existed before the realignment took place. (The primary difference being removal of
the pavement to the east of the entrance to the park up to the east property line, so that the only
a=ss to Orange Avenue is to travel westerly to Albany Avenue, then north to the intersection.)
The area becomes a weed patch during the rainy seasons. Since annexation in 1986, the City has
been responsible for maintaining the small amount of remaining paved street area between the
entrance to the park and Albany Avenue, which is being used primarily by the mobile home park
residents for ingress and egress (see Exhibit D).
Mr. Cacho states that he has been maintaining the area between Orange Avenue and the street area
to be vacated, keeping it free of weeds, since the time the permanent alignment was completed
in 1981. He also states that the area is usually littered with debris and is frequently used for yard
sales, generally making the entrance to the park unattractive. He would like the City to vacate
it and allow him to use it as part of a beautification project for the mobile home park. He plans
to remove the curb, gutter, sidewalk and paving in order to landscape the area. The project
should provide a more pleasing appearance from Orange and Albany Avenues. Landscaping the
area would not require approval by the City. However, any plans for expansion of the mobile
home park with respect to structures, including mobile homes, would have to be submitted for
approval.
JJ~;L
Page 3, Item
Meeting Date 10/10/95
It
There are no current plans to widen Orange Avenue along this frontage. However, the amount
of land that staff recommends retaining is based on the Master Plan designation of Orange Avenue
as a Major Street. Orange Avenue to the east conforms to the City's major street standards, but,
beginning with this property to the west, the roadway width is narrower, at 32 feet half-width, and
does not conform to those standards. Based on SANDAG traffic growth projections staff believes
that it is reasonable to plan for future widening. Until such time as a detailed study is performed,
Engineering staff carmot state with certainty what amount of right-of-way will be required in the
future. However, it was determined that if, at the time of the future widening, a No Parking zone
is maintained along the frontage of the property, that we could support a minimum half-width of
50 feet from the existing centerline. This would allow adequate room for the standard 40 foot
wide pavement on the south side and 10 foot wide parkway. The street section for the south half
would include half of a 16-foot-wide median; two 12-foot-wide travel lanes; an 8-foot-wide
combination emergency parking and bike lane; and, the standard IO-foot distance between the curb
and right-of-way line (reserved for sidewalk and utilities).
Mr. Cacho has been advised that he may be required, as a condition of the vacation, to install the
missing sidewalk along the permanent alignment of Orange Avenue abutting his property. He also
is aware that he will be fully responsible for the maintenance of the vacated area if Council grants
the request. Staff also recommends that a condition of approval of the vacation (if granted) be that
access is only to be allowed from Albany Avenue. The reasons for this action are: 1) Upon
widening Orange Avenue, a raised median will be installed, restricting turning movements in and
out of the property; and, 2) The combination of the high rate of speed of traffic eastbound on
Orange Avenue coupled with that traffic rounding a curve which tends to restrict the vision of
drivers exiting the mobile home park.
The area of the requested vacation is 0.67 acres (29,200 SF). It has been Council's policy in the
past to require payment for vacated right-of-way, whether the land was acquired in fee or only as
an easement, with the underlying title remaining with $1 as property owner. A total of 1. 3 acres
of right-of-way was granted to the County without compensation as part of the development of
the property. Mr. Cacho also installed public improvements (pavement, curb, gutter and
sidewalk) along the frontage of his property. Taking this into consideration, plus the fact that Mr.
Cacho will be required to install sidewalk along the new alignment (where none exists at this time)
in connection with this vacation action, staff recommends that we not ask for reimbursement for
the land. Staff has estimated that the value of the property would be between $5 and $10 per
square foot. This would result in a total value of the property being vacated in the range of
$143,800 to $287,500. The cost of the 650 lineal feet sidewalk to be constructed by Mr. Cacho
is $10,000.
There are no facilities belonging to the City or utility companies within the subject area.
However, a portion of the right-of-way has been in use as a street since it was dedicated.
J6~5
Page 4, Item / ~
Meeting Date 10/10/95
Therefore, in accordance with the Streets and Highways Code, a public hearing is necessary to
hear all testimony for or against this action.
According to Government Code Section 65402, Paragraph (a), if the City has adopted a General
Plan, the Planning Commission must review and report upon the vacation as to its conformity to
the General Plan. However, if the Council provides by resolution, the provisions of said
Paragraph (a) do not apply to ...alignment projects, provided such...abandonments for...
alignment projects are of a minor nature, review by the Planning Commission is not required.
Therefore, this matter was not considered by the Planning Commission. The resolution ordering
the vacation (if Council chooses to do so) will contain reference to the fact that the vacation is
considered minor in nature and, therefore, is proceeding under this provision.
All notices required by City ordinances and State laws have been posted and published. Property
owners within a 1,000- foot radius of the area to be vacated have been noticed by mail.
FISCAL IMPACT:
The costs of processing this request for vacation are being paid for by a deposit by the owner
under the City's Full Cost Recovery System.
The City will benefit by the requirement of the owner to install sidewalk behind the existing curb
along the entire frontage of the mobile home park (valued at approximately $10,000).
Since the owner was required to dedicate the right-of-way as part of his development at no
compensation from the County, staff feels it would be appropriate to not require payment for the
vacated right-of-way.
The City will have a slight savings in not having to maintain the entrance road to the mobile home
park. There will also be a minimal savings to the City with less street right-of-way to maintain.
Attachments:
Resolution ordering vacation (with legal description)
Exhibit A (plat of area to be vacated)
Exhibit B (plat of right-of-way dedicated to County in 1970)
Exhibit C (plat of original alignment vs. constructed alignment)
Exhibit D (Plat of existing conditions)
Dept. File No. PV-062
JWH
(M:\home\engineer\agenda\ph--pvlJ62.jwh)
I' -I{
RESOLUTION NO.
J 3'tJ~ 1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE VACATION OF A PORTION
OF ORANGE AVENUE ALONG THE FRONTAGE OF DON
LUIS MOBILE ESTATES AT 121 ORANGE AVENUE
WHEREAS, the city Council, at its meeting of September
12, 1995, adopted Resolution No. 18031 declaring its intention to
vacate an excess portion of Orange Avenue right-of-way along the
frontage of the Don Luis Mobile Estates Mobile Home Park and
setting October 3, 1995 as the date for a public hearing thereon;
and
WHEREAS, at the October 3, 1995 meeting, the City Council
continued the public hearing to October 10, 1995; and
WHEREAS, in accordance with the California Streets and
Highways Code, the Council must hold a public hearing to take
testimony for or against the proposed vacation; and
WHEREAS, the Environmental
determined that this vacation falls into
C exemption from CEQA requirements; and
Review Coordinator has
the category of a Class 1-
WHEREAS, notices required by Streets and Highways Code
S8323 have been posted; and
WHEREAS, Tuesday, the 10th day of October, 1995 at 6:00
p.m. in the Council Chambers of the City of Chula vista was fixed
as the time and place for hearing any objections to such vacation,
and the Council having heard all interested persons.
NOW, THEREFORE, the city Council of the City of Chula
vista does hereby find, order, determine and resolve as follows:
Section 1. That city Council does hereby order the
vacation of a portion of Orange Avenue along the frontage of Don
Luis Mobile Estates at 121 Orange Avenue, more particularly
described in Exhibit A, attached hereto and incorporated herein by
reference as if set forth in full.
Section 2. That the city Clerk is hereby directed to
record a certified copy of this resolution with the office of the
San Diego County Recorder.
Presented by
oved
~
John P. Lippitt, Director of
Public Works
C:\rs\vacation
Bruce M.
Attorney
Jj~ !tt-?
,
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LEGAL DESCRIPTION
STREET VACATION
ALL THOSE PORTIONS OF LOT 2 IN FRACTIONAL SECTION 14, AND THOSE
PORTIONS OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 23, ALL BEING IN TOWNSHIP 18 SOUTH, RANGE 2 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY APPROVED FEBRUARY 25, 1870, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
REFERENCING AT THE NORTHWEST CORNER OF SAID LOT 2 AS SHOWN ON
RECORD OF SURVEY MAP NO. 7304, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, OCTOBER 6, 1970, ALSO AS SHOWN ON
PARCEL MAP NO. 2583, FILED IN SAID COUNTY RECORDER'S OFFICE, APRIL 26,
1974, AND ALSO BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN
DEED TO CACHO & TERRY, RECORDED AUGUST 28,1970 AS FILE NO. 155861 OF
OFFICIAL RECORDS; THENCE SOUTH 830 29' 55" EAST ALONG THE NORTHERLY
LINE OF SAID LOT 2 A DISTANCE OF 52.50 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 830 29' 55" EAST A DISTANCE OF 11.69 FEET TO THE
BEGINNING OF A CONVEX CIRCULAR CURVE; THENCE SOUTHEASTERLY ALONG
SAID CONVEX CIRCULAR CURVE (RADIAL BEARING SOUTH 60 30' 05" WEST)
THROUGH A CENTRAL ANGLE OF 180 05' 43", A RADIUS OF 950.00 FEET, A
DISTANCE OF 300.03 FEET TO THE BEGINNING OF A REVERSE CURVE; THENCE
NORTHEASTERLY ALONG A CONCAVE CIRCULAR CURVE (RADIAL BEARING
NORTH 240 35' 48" EAST) THROUGH A CENTRAL ANGLE OF 16021' 57" A RADIUS
OF 1050.00 FEET A DISTANCE OF 299.92 FEET; THENCE SOUTH 00 13' 35" EAST
ALONG THE EASTERLY LINE OF SAID LOT A DISTANCE OF 1.67 FEET; THENCE
NORTH 81022' 11" WEST A DISTANCE OF 587.72 FEET TO THE BEGINNING OF A
CONVEX CIRCULAR CURVE; THENCE SOUTHWESTERLY ALONG SAID CONVEX
CIRCULAR CURVE (RADIAL BEARING SOUTH 80 37' 49" WEST) THROUGH A
CENTRAL ANGLE OF 0017' 35", A RADIUS OF 949.00 FEET A DISTANCE OF 4.85
FEET TO THE BEGINNING OF A COMPOUND CONVEX CIRCULAR CURVE; THENCE
SOUTHWESTERLY ALONG SAID CONVEX CIRCULAR CURVE (RADIAL BEARING
SOUTH 80 20' 14" WEST) THROUGH A CENTRAL ANGLE OF 980 06' 39", RADIUS OF
20.00 FEET, AN ARC DISTANCE OF 34.25 FEET TO A POINT ON THE EASTERLY
LINE OF ALBANY AVENUE (60 FOOT RIGHT-OF-WAY); THENCE, NORTH 0013' 35"
EAST ALONG SAID EAST LINE OF ALBANY AVENUE A DISTANCE OF 78.56 FEET
TO THE BEGINNING OF A CONVEX CIRCULAR CURVE; THENCE NORTHEASTERLY
ALONG SAID CONVEX CIRCULAR CURVE (RADIAL BEARING SOUTH 890 46' 25"
EAST) THROUGH A CENTRAL ANGLE OF 960 16' 30", A RADIUS OF 20.00 FEET, AN
ARC DISTANCE OF 33.61 FEET TO THE POINT OF BEGINNING.
EXHIBIT "~'
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~ ALGERT EtroINEERING. lNC.
428 BROADWAY
CHULA VISTA, CA. 9'9'0
PHONE: (6'9) 420-7 0
VISTA
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STREET VACATION:
PORTION OF ORANGE AVENUE
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77.69
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299.92' 16'27'57" 7050.00'
587.72'
4.85' 0'77'35" 949.00'
34.25' 98"06'39. 20.00'
78.56'
33.67' 96"76'30. 20.00'
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RESOLUTION NO.
Revised Item 16
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE VACATION OF A PORTION
OF ORANGE AVENUE ALONG THE FRONTAGE OF DON
LUIS MOBILE ESTATES AT 121 ORANGE AVENUE
WHEREAS, the City Council, at its meeting of September
12, 1995, adopted Resolution No. 18031 declaring its intention to
vacate an excess portion of Orange Avenue right-of-way along the
frontage of the Don Luis Mobile Estates Mobile Home Park and
setting October 3, 1995 as the date for a public hearing thereon;
and
WHEREAS, at the October 3, 1995 meeting, the City Council
continued the public hearing to October 10, 1995; and
WHEREAS, in accordance with the California Streets and
Highways Code, the Council must hold a public hearing to take
testimony for or against the proposed vacation; and
WHEREAS, the Environmental Review coordinator has
determined that this vacation falls into the category of a Class 1-
C exemption from CEQA requirements; and
WHEREAS, notices required by Streets and Highways Code
S8323 have been posted; and
WHEREAS, Tuesday, the 10th day of October, 1995 at 6:00
p.m. in the Council Chambers of the City of Chula Vista was fixed
as the time and place for hearing any objections to supp vacation,
and the Council having heard all interested persons.
NOW, THEREFORE, the City Council of the City of Chula
Vista does hereby find, order, determine and resolve as follows:
section 1. That City Council does hereBY order the
vacation of a portion of Orange Avenue along the frontage of Don
Luis Mobile Estates at 121 Orange Avenue, more particularly
described in Exhibit A, attached hereto and incorporated herein by
reference as if set forth in full effective uoon the execution of
an aareement satisfactory to the City Manaaer and the city Attornev
orovidina that the owner of the Don Luis Mobile Estates aarees to
install to city soecifications a five foot wide sidewalk alona the
south curb line on Oranae Avenue ad;acent to his orooertv.
---
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section 2. That the City Clerk is hereby directed to
record a certified copy of this resolution with the office of the
San Diego County Recorder.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
C:\l"'s\vacation
Bruce M. Boogaard, City
Attorney
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COUNCIL AGENDA STATEMENT
Item I 7
Meeting Date 10/10/95
ITEM TITLE:
Public Hearing On the acquisition of certain right-of-way on
Bonita Road for the construction of the "Bonita Road Bicycle Lane"
project (CIF STM311).
Resolution / Ytl ? cJ Determining and declaring the public
necessity to acquire certain right-of-way on Bonita Road for the
construction of the "Bonita Road Bicycle Lane" project (STM311) and
authorizing the commencement of condemnation proceedings by outside
Counsel to acquire said right-of-way
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manager ..J<4
(4/5ths Vote: Yes_No_XJ
Bonita Road is a part of the Regional Bikeway System and is shown as having bicycle lanes
in Chula Vista Bikeway Facilities Plan. The subject project "Construction of Bonita Road
Bicycle Lane" (CIF No. STM311) will complete the last missing link of the bicycle lanes on
Bonita Road. The project was included in the City's FY 93-94 CIF program. Design work for
the project was completed during December of last year. However, to construct the project, the
City needs to obtain right-of-way over a portion of one property owned by Denny's Realty,
Inc. Our right-of-way acquisition consultant, Ryals & Associates, has exhausted all efforts to
obtain/acquire this dedication on a friendly basis. Due to the long delays in acquiring the right-
of-way and the fact that the Caltrans permit will expire in May 1996, we should begin eminent
domain proceedings.
RECOMMENDATION:
The Council: 1) hold the public hearing; 2) approve the resolution determining and declaring
the public necessity to acquire certain right-of-way for Bonita Road; 3) use its power of
eminent domain to condemn approximately 0.014 acres of property belonging to Denny's
Realty, Inc. for street purposes; and 4) authorizing the commencement of condemnation
proceedings by outside Counsel to acquire said right-of-way.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The subject project was included in the City's Fy 93-94 CIF program. Staff has completed
plans, specifications and cost estimate for the project in December, 1994. Since then, our
right-of-way acquisition agent, Ryals & Associates, has been trying to contact the owners to
discuss our need to obtain/acquire the right-of-way. This project requires two separate
easements. The property owned by Shell Oil Company is now secured for acquisition. To this
date, our consultant has been unsuccessful in purchasing the second easement owned by
;')..-/
Page 2, Item I 7
Meeting Date 10/10/95
Denny's Realty, Inc. Attached is a letter from Ryals & Associates outlining what steps they
have taken to make contact and obtain the needed rights-of-way. Attached as Exhibit "A" is
a plat showing the right-of-way already secured from Shell Oil Company and, as Exhibit "B",
is a plat showing the right-of-way still needed from Denny's Realty, Inc. Our acquisition agent
is now recommending that we proceed with the necessary actions to enable the City to acquire
Denny's property through eminent domain proceedings. Denny's Realty, Inc. was notified in
writing by certified mail, return receipt requested on September 8, 1995 of tonight's public
hearing. Exhibit C is a copy of the Notice of Public Hearing sent to the property owners. The
California Code of Civil Procedures, Section 1240.030 provides that the power of eminent
domain may be exercised to acquire property for a proposed project if the following conditions
are established:
A) The public interest and necessity require the project.
B) The project is planned or located in a manner that will be the most compatible with the
greatest public good and least private injury; and
C) The property sought to be acquired is necessary for the project.
Denny's property, as depicted on Exhibit "B" is necessary for the project. The project will
widen the south side of Bonita RQad adjacent to the subject properties to accommodate a 5 foot
wide bicycle lane. The subject section of Bonita Road represents a missing link in the existing
Chula Vista Bikeway System. Furthermore, the existing street layout does not provide adequate
protection for bicyclists. The widening of this section of Bonita Road and the construction of
the new bike lane will provide for a continuous bike lane between the recreational/residential
areas of Bonita Road and other high activity centers in Central Chula Vista as well as the
Trolley Station. The new bicycle lane will provide improved safety for both bikers and
vehicular traffic and will encourage an increase in bicycle travel.
Our right-of-way acquisition consultant, Rick Ryals, is available at the Council meeting tonight,
to answer any questions concerning acquisition of this property.
The Resolution includes authorization for legal counsel representation by Daley & Heft with
concurrence of the City Attorney.
The project could be advertised for competitive bidding within thirty (30) days after today's
meeting. Construction could start in early February 1996.
FISCAL IMPACT: The cost of acquisition of the right-of-way is approximately $11,232.00
for the actual property value plus an additional $2,500 to $15,000 for condemnation costs
depending on whether or not the property owner fights the take. Funds are included in CIP
project number STM311; Bonita Road Bicycle Lane.
Attachments: Exhibits A, Band C
Ryals & Associates Letter
SA:rb:dh
File No: STM311
(M:\home\engineer\agenda\bonrd.sa)
/7-;2.
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XHIBIT "A"
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SHELL OIL CO
RIGHT or ilAY - BONITA ROAD BIKE LANE
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DENNY$ INC.
RIGHT or 'JAY - BONITA ROAD BIKE LANE
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CllY OF
CHUlA VISTA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION CERTIFIED MAIL
RETURN RECEIPT REQUESTED
September 8, 1995
File # STM 311-4
Denny's Realty, Inc.
203 East Main Street
Spartanburg, SC 29319
Attention:
Mr. Brian Hammond
NOTICE OF PUBLIC HEARING; EMINENT DOMAIN PROCEEDINGS TO ACQUIRE
RIGHT-OF-WAY FOR BONITA ROAD BICYCLE LANE PROJECT; SAN DIEGO COUNTY
APN 570-140-27
This is to inform you that on October 3, 1995 the City Council of the City of Chula Vista will
hold a public hearing to ascertain the public necessity to acquire a portion of your property
through the eminent domain proceedings for the construction of a bike lane on Bonita Road from
Bonita Glen Road to highway 1-805. Due to the time constraints imposed by the construction
schedule for this project we must proceed with the acquisition of the needed right-of-way prior
to reaching an agreement, Therefore, you are hereby served notice that the City Council of the
City of Chula Vista will hold said Public Hearing on October 3, 1995, at 4:00 p.m. in the Chula
Vista City Council Chambers, 276 Fourth Avenue, Chula Vista, California, with the intention
of adopting a Resolution of Necessity to acquire these property right through eminent domain.
The California Code of Civil Procedure, Section 1240.030 provides that the power of eminent
domain may be exercised to acquire property for a proposed project if the following conditions
are established.
A. The public interest and necessity require the project.
B. The project is planned or located in the manner that will be the most compatible
with the greatest public good and the least private injury.
C. The property sought to be acquired is necessary for the project.
During the Public Hearing on October 3, 1995 the City Council will be asked to determine if
the above conditions have been met concerning your property. If these conditions have been
met, the adopted resolution will authorize the City of Chula Vista to acquire the necessary
property by eminent domain.
/?-s-
276 FOURTH AVE'CHULA VISTA. CALIFORNIA 91910/(619) 691-5021
Page 2
A Legal Description of the required easement is attached to this Notice, designated as Exhibit
" A" and is more particularly shown on a plat designated as Exhibit "B".
The amount of compensation to be paid is not a part of this proceeding and will not be
considered by the City Council in determining whether a Resolution if Necessity should be
adopted. You are entitled to appear and be heard regarding the adoption of the Resolution of
Necessity if you fIle a written request to do so within fifteen (15) days of the date of the mailing
of this Notice. Objections to the intended actions are limited as set forth below:
1. Your written request must be filed with:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
2. The written request must actually be on fIle within the above referenced fifteen (15) day
period. Failure to file a written request results in a waiver of your right to appear and
be heard.
3. The written request should include a statement of the condition(s) which you feel are
pertinent to your property. The three Conditions which may affect your property are set
forth above (designated as A, B, and C).
By designating which condition(s) form the basis of your concerns and why, you will enable the
City Council to have a full and expeditious review of your opinion of the project's affect on your
property. Should you have any questions regarding this Notice, your rights as set forth herein,
or the project, please do not hesitate to contact our Contract Acquisition Agent Mr. Richard
Ryals at (619) 724-9794.
~A
~lpg~DL. SWANSON
DEPUTY PUBLIC WORKS DIRECTOR\CITY ENGINEER
CITY OF CHULA VISTA
SA:rb
cc: Richard Ryals
Bruce Boogaard, City Attorney
(M:\HOME\EN0INEER\DESIGN\STM311.SA)
J?- j;,
CITY OF CHULA VISTA
RYALS & ASSOCIATES
REAL PROPERTY CONSULTANTS
August 14, 1995
Mr. Roberto Saucedo
City of Chula Vista
276 Fourth Avenue
Chuia Vista, Ca 91910
SUBJECT: STATUS REPORT-BONITA ROAD BIKE LANE
SHELL OIL COMPANY APN 570-140-27 AND
DENNY'S REALTY, INC APN 570-140-60
Dear Mr Saucedo:
The following is the status report you requested regarding the above referenced parcels.
SHELL OIL CO
In April, 1995, the City requested that our firm solicit donation of an easement required from
the subject parcel. We subsequently sent a solicitation to the record owners, Shell Oil Company,
by Certified Mail. This solicitation advised the owners of the project, the nature of the easement
sought and their rights as the property owner.
After several discussions with Richard Zanoni, of Shell Oil regarding concerns of meeting city
code requirements and possible "trade off" of sign requirements at their East "H" Street gas
station, meeting them at the site and furnishing copies of the legal description and appraisal, we
could never get a response from Sheil Oil Company.
After meeting with City staff, we mailed an "Imperative Response" letter. Richard Zanoni
responded to the letter by rejecting a gratis dedication.
The following is a synopsis of activities regarding Shell Oil Company:
April 5, 1995
April 10, 1995
April 12, 1995
April 27, 1995
May 22, 1995
Mailed letter and plat requesting Gratis dedication of easement.
Mailed "new" letter to Richard Zanoni at E1 Cajon office.
Richard Zanoni confirmed that he received the letter. Expressed
concerns of meeting City codes after acquisition.
Alex Al-Agha met Richard Zanoni and Shell engineer at site.
Wrote "imperative response letter" .
/7- ?
4167 AVENIDA DE LA PLATA, SUITE 115, OCEANSIDE, CA 92056
(619) 724-9794 FAX (819) 732-1387
)
,
August 4, 1995
Received letter from Richard Zanoni rejecting the Gratis
dedication.
Sent letter to Alex Al-Agha indicating that all efforts to obtain
Gratis easement had been exhausted.
Alex Al-Agha requested that I make an offer: $8,628.00 appraised
value.
Received receipt that offer was received July 13, 1995.
Mailed Easement Acquisition Agreement and Easement
Acquisition.
Telephone conversation with Richard Zanoni - documents sent to
Houston, Texas. Should be back in one or two weeks.
June 1, 1995
June 21, 1995
July 10, 1995
July 17, 1995
July 25, 1995
DENNY'S REALTY. INC.
In April 1995, the City requested that our firm solicit donation of an easement required from
the subject parcel. We subsequently sent a solicitation to the record owners, Shell Oil Company,
by Certified Mail. This solicitation advised the owners of the project, the nature of the easement
sought and their rights as the property owner.
After many unreturned telephone calls to Brian Hammond in South Carolina, we received a call
from Mark James requesting a copy of the request for dedication and plat. In the following
month a series of telephone calls were not returned until the "Imperative Response" letter was
mailed. A couple of days later Mr Hammond called to inform us that Mark James was no longer
with Denny's and he would again be our contact. After several follow-up calls, Mr Hammond
indicated that their attorneys had reviewed the easement and that he was waiting for approval
from Operations.
Having exhausted all efforts to obtain gratis easement, an offer to purchase was mailed. Again
after several phone calls, I spoke with Brian Hammond and was told that the attorneys were
reviewing the documents.
The following is a synopsis of actiVIties regarding Denny's i...llalty
April 5, 1995
April 7, 1995
April 10, 1995
April 12, 1995
April 24, 1995
May 18, 1995
Mailed letter and plat requesting Gratis Dedication Easement.
Received receipt that letter was received at Irvine office.
Mailed "new" letter to Brian Hammond in South Carolina.
Follow-up call to Brian Hammond - left message on voice mail.
Mark James from South Carolina office returned my call.
Requested that I fax letter and plat to him.
Mailed follow-up letters to Irvine, South Carolina and Texas (calls
not returned).
Wrote "imperative response" letter.
Telephone conversation with Brian Hammond - Counsel did not
have problem with easement. He is waiting for approval from
operations. Mark James is no longer with company.
May 22, 1995
June 15, 1995
J7-~
June 21, 1995
Sent letter to Alex Al-Agha indicating that all efforts to obtain
Gratis easement had been exhausted.
Alex Al-Agha requested that I make an offer: $11,232.00
appraised value.
Called Brian Hammond regarding offer - left message to call me.
Mailed Easement Acquisition Agreement and Easement Deed.
Telephone conversation with Brian Hammond - attorney reviewing
documents. Should hear from them by next week.
July 10, 1995
July 12, 1995
July 25, 1995
August 7, 1995
In our letter to the City indicating that all efforts to obtain gratis easements have been exhausted,
we also indicated that we recommended that the City make offers to purchase the easements,
which we have done. We also recommended that the City set a hearing three weeks from the
date of the offers and request a three day right of possession. We continue to recommend that
the City do this to encourage Shell Oil and Denny's Realty, Inc. to finalize the acquisition and
in any event allow you to set your project start date.
Should you require further information, you may reach me at (619) 724-9794.
Sincerely,
Icj
R/WA
C:\RY ALSICHULA ISAUCBD04.LTIl
/7-7
RESOLUTION 00. I J"tJ ? 0
RESOLUTION OF THE CITY OF CHULA VISTA FIND~ AND
DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIR~
AND AlJ'l'HORIZ~ THE CONDEMNATION OF CERTAIN REAL PROPERTY
WITHm THE BONITA ROAD BICYCLE LANE PROJECT AND
AlJ'l'HORIZ~ THE CCHofENCEMENT OF CONDEMNATION PROCEED~
BY OUTSIDE COCNSEL TO ACQUIRE RIGHT-OF-WAY
WHEREAS, the City of Chula Vista is a chartered municipal
cor:poration of the State of California ("City"); and,
WHEREAS, in conjunction with its municipal purpose of
providing transportation facilities, the City has resolved to widen
Bonita Road between I-80S and Bonita Glen Road to accorrrrodate a 5
foot wide bicycle lane along the fronta~e of Two properties on the
south side of Bonita Road, one of which is the sub~ect parcel
(IIP~ertyll). The subject parcel is legally described III Exhibit A
and d~agralllMtically shown in the correspondin~ map designated as
Exhibit B all of wh~ch are attached hereto and lllcor:porated herein
by reference; and,
WHEREAS, the Project includes roadway work required to be
constructed at the southerly side of Bonita Road requiring
acquisition of the Property described in Exhibit A, owned by
Denny's Realty, Inc., for a permanent street easement, ; and,
WHEREAS, the City secured substantial and convincing evidence
that the public interest and necessity require the project, and the
Proposed Project is planned and located in a manner that will be
most compatible with the greatest public good and the least private
injury, and in order to effectuate the Project, the acquisition of
the Property is necessary; and,
WHEREAS, the City received substantial and convincing evidence
that the City engaged in good faith negotiations for the voluntary
acquisition of the Property which efforts included the extension of
an offer for the acquisition of same at fair market value, and
various correspondence and efforts to contact the affected owner
and interest holders in the Property; and,
WHEREAS, the City received substantial and convincing evidence
that the acquisition of the Property is for a public use, to wit:
the widening of a transportation facility; and,
WHEREAS, the City is authorized to acquire the hereinafter
real prOJ?erty, or easement interest in real property, pursuant to
Califorma Code of Civil Procedure sections 1245.210 through
1245.270; and,
/7-/0
.'
Resolution No.
Page 2
WHEREAS, the City has considered all of the evidence submitted
at the hearing including the staff report;
NOW, THEREFORE, THE CITY OF ClIULA VISTA DOES HEREBY FIND,
RESOLVE AND DETERMINE, BY A VOl'E OF NOT LESS THAN '!WO-THIRDS OF ITS
MEMBERS, AS FOLLOWS:
1. Findings Related to Necessity of Project.
A. Public Interest and Necessity Require the Project.
The public interest, convenience and necessity of
the City of CllUla Vista, and its residents, require
the Proposed Project in order to accOll1OOdate a 5
foot wide bicycle lane, and provide consistency
with the City of Chula Vista's Bikeway System.
B. Project Planned and Located for Greatest Public
Good and Least Private Injury.
The property described in Exhibit A is necessary
for the project in order to provide for a safe
driving lane for bicycles going eastbound on Bonita
Road. The roadway desi~ will maintain two lanes
for vehicular traffic gomg easterly on Bonita Road
and provide an separate lane for bicycles. The
design of this proJect is such that it will ~rovide
the Trost public good and the least private mjury.
The property is necessary for construction of the
Bointa Road bicycle lane proj ect. The proposed
taking of 0.014 acres is a small portion of the
total acreage owned by Denny's Realty, Inc. The
need for improvements for health and safety
purposes outweighs the minor effect on Denny's
Realty, Inc.
C. Pr~rty to be Acquired is Necessary for the
ProJect.
The property easements are necessary for the
project since they are located within the proposed
right-of-way, as ~llustrated in Exhibit B.
D. The taking, as to any portion of the property which
is appropriated or dedicated to a public use, is
for a compatible public use consistent with and
authorized by Cocfe of Civil Procedure section
1240.510.
/7- / I
Resolution No.
Page 3
E. The taking, as to any portion of the property which
is appropriated or dedicated to a public use, is
for a more necessary public use cons~stent with and
authorized by Code of Civil Procedure section
1240.610.
2 . Voluntary Offer to Purchase the Property Made.
The offer required by section 7267.2 of the Government
Code has been made to the owner of record for the
acquisition of the required easements to the parcels
necessary for the project.
3. Authority to Proceed in Eminent Domain Granted.
The City of Chula Vista, and all appropriate officers,
representatives and attomeys is hereby authorized and
errpowered to acquire the easements to said Property by
condemnation is the name of the City of Chula Vista to be
used for the nn.micipal plllPOse of enhancing a
transportation facility, m accordance with the
provisions of the Code of Civil Procedure, and the
Constitution of California related to eminent domain, and
to that end, it is authorized and directed to cornnence
and to prosecute an action or actions in eminent domain
for the purpose of acquiring easements to the Property.
4. Retention of Eminent Domain Counsel Authorized.
The City Attomey for the City of Chula Vista, as General
Counsel, and the law firm of Daley & Heft, special
attomeys for City are hereby authorued to prepare and
prosecute in the name of the City, such proceeding or
proceedings in the proper court having jurisdiction
thereof, as are necessary for such acquisition; and to
prepare and file such pleadings, documents, briefs, and
other inst:ruments and to make such arguments and to take
such actions as may be necessary in the opinion of said
attomeys to acquire for sa~d City the said real
property. Said attorneys are specifically authorized to
take whatever steps and/or procedures are available to
them under the Eminent Domain Law of the State of
California including but not limited to Code of Civil
Procedure, Title 7, Chapters 1-12, sections 1230.010-
1273.050).
The City of Chula Vista has urgent need for the inmediate
possession of such property, and the designated attomeys
/ 7~ / ;L
Resolution No.
Page 4
on behalf of the City are authorized and directed to
secure an order of court authorizing the City of Chula
Vista to take possession of said property at the earliest
possible date.
S. Compliance with CEQA Certified.
A Negative Declaration, case No. I8-94-010, was prepared
and filed for the subject project in compliance with CEQA
requirements.
John P. Lippitt
Director of Public Works
Presented by
/7-/;J /;7-lf
EXlUBIT "A"
DENNY'S REALTY INC.
A.P.N.:
570-140-60
That portion of Lot 2 of Sunny Vista in the City of Chula Vista, according to Map thereof No.
2207, filed in the office of the County Recorder of San Diego County, June 30,1936, described
as follows:
Beginning at the intersection of the Westerly line of said Lot 2 with a line parallel with and SO
feet southerly from the centerline of Bonita Road, said point also being the true point or
beginning; thence along said parallel line North 88 42' 30" East,69.41 feet; thence South
86 OS' 16" East, 66.15 feet; thence South 88 42' 30" West, 133.55 feet to said westerly line of
lot 2; thence along said westerly line North 17 29' 14" West, 6.25 feet to the true point or
BEGINNING.
SAID AREA CONTAINS 0.014 ACRES (608.85 SQ. FT.)
SA, c, \wpwin\general \lot2bike.us
ANDERSON il '''''BANT. INC.
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PUBLIC HEARING O-IECK LIsr
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SUBJECT:
LOCATION:
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SENT TO STAR NEWS FOR PUBLICATION -- BYFAX~; BYHAND_; BYMAIL""",/-
PUBLICATION DATE ;-5 -;/7'';- i3~;Jf
MAILED NOTICES TO PROPERTY OWNERS NO. MAILED
PER GC ~54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
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LOGGED IN AGENDA BOOK :~ j~ /
COPIES TO:
Administration (4)
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Originating Department ~, / c..-.
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Planning
Engineering
Others 1/"'>'--
City Clerk's Office (2) /
POST ON BULLETIN BOARDS ;'(;.jl ~1~
SPECIAL INSTRUCTIONS:
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em OF
CHUlA VISTA
OFFICE OF THE CITY CLERK
lELEFAX COVER LETIER
Telecopier No. (619) 585-5612
DATE:
9).;2.7)95
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TO: Star News Lel!:a1 / Teresa
FAX NO: (619) 426-6346
FROM: ~~DIs/1#~-
SUBJECT: ~~ ;?~~
PUBUCATION DATE:
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'1/J?7h-S-
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TOTAL NO. PAGES (including cover):
If all pages are not received, please call Carla @ (619) 691-5041.
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276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910 . (619) 691-5041
@ ..---.....
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
Acquisition of right-of-way in the vicinity of 110 Bonita Road, in front of Denny's
Restaurant and Shell Gas Station, for the purpose of the construction of the "Bonita
Road Bicycle Lane" project.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing. For further information call the Engineering Department at 691-5021.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
October 10, 1995, at 6:00 p.m. in the Council Chambers, Public Services Building, 276
Fourth Avenue, at which time any person desiring to be heard may appear.
DATED: September 27, 1995
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COUNCIL AGENDA STATEMENT
Item / r
Meeting Date 10/10/95
ITEM TITLE:
Public Hearing to consider testimony on annexing territories into Eastlake
Maintenance District No.1.
SUBMI'ITED BY:
Resolution I Y P? I Annexing
Maintenance District No. 1.
Director of Public Works K
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territories into Eastlake
REVIEWED BY:
(4/5ths Vote: Yes_No...x..>
Eastlake Development Company has added land to Eastlake Greens as a result of a land swap.
The land swap contained territory that was not included within Eastlake Maintenance District
No. 1. This action will adjust the boundaries to include all the Greens within the Landscaping
Maintenance District.
RECOMMENDATION: That Council:
1) Open the hearing, take testimony, close the hearing.
2) Direct staff to tally all protests.
3) Adopt the resolution to annex those territories within the Greens to Eastlake Maintenance
District # 1.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Back~round
Eastlake Maintenance District No.1 (ELMD-l) was created over 10 years ago and provides for
the maintenance of certain medians, parkways and drainage facilities in the Eastlake master
planned community (see attached plats, Exhibit A).
Due to a land exchange with Baldwin, Eastlake now is developing territories outside of the
original maintenance district. These areas were originally in the county, therefore, were not
considered a part of ELMD-l. The land exchange areas have now been annexed into the City,
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Page 2, Item I r
Meeting Date 10/10/95
are a part of Eastlake development, and receive the same benefit from the improvements.
Consequently, these areas should share in the ELMD-l costs. Annexation of the land exchange
areas into ELMD-l will satisfy one of the conditions of approval with the tentative map.
Landscaninl: Act of 1972
Open space maintenance districts, pursuant to Municipal Code 17.07 and as outlined in the
Landscaping and Lighting Act of 1972, are created so that those who benefit by the open space
are those who are assessed the maintenance cost. The district boundaries proposed herein will
better reflect the benefit enjoyed by the property owners within each of the districts.
The right of majority protest and public noticing as outlined in Section 22608 of the Landscaping
and Lighting Act of 1972 is limited to the territory proposed to be annexed and may be waived
upon written request. Eastlake Development Company and Hearthstone Advisors, Inc., the sole
property owners, waived their right to notice, etc. (Exhibit B).
~
The cost per EDU for ELMD-1 in the future will decrease a minor amount ($0.10 per EDU)
since there will be an increase in the number of residents in the district. A typical home in
Eastlake Greens has an assessment of $15 for FY 95/96. Properties subject to the annexation
will be assessed in FY 96/97 or later depending on the development schedule.
FISCAL IMPACT: Staff costs associated with the annexation will be completed at no cost to
the City. Eastlake Development Company has deposited $3,000.00 to cover staff-time charged
at the full cost recovery rate. Additional deposits will be requested if cost exceeds amount
deposited.
File No. OS-039 (ELMD-1)
Attachments:
Exhibit A-Area Plats
(Map of Areas to be annexed)
Exhibit B-Waivers
(M:\HOMB\l!NGINIlEJlIAOENDA IBLMD1.RDB)
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RESOLUTION NO.
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ANNEXING TERRITORIES INTO EASTLAKE
MAINTENANCE DISTRICT NO. 1
WHEREAS, Eastlake Development Company has added land to
Eastlake Greens as a result of a land swap; and
WHEREAS, the land swap contained territory that was not
included within Eastlake Maintenance District No.1; and
WHEREAS, this resolution will adjust the boundaries to
include all the Greens within the Landscaping Maintenance District;
and
WHEREAS, Tuesday, the 10th day of October, 1995 at 6:00
p.m. in the Council Chambers of the city of Chula vista was fixed
as the time and place for hearing any objections to such annexation
of territories.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby annex territories to Eastlake
Maintenance District No.1, more particularly described as those
portions of Assessor Parcel Number 643-070-04 and 643-020-39 shown
on Exhibit "A", attached hereto and incorporated herein by
reference as if set forth in full.
John P. Lippitt, Director of
Public Works
as to
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Presented by
ity
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Exhibit A
AMENDED DIAGRAM
EASTLAKE MAINTENANCE DISTRICT NO.1
ZONE B
CITY OF CHULA VISTA
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
Portion of
643-020-39
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. Current Boundary
III Areas to be Annexed
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Exhibit B
Via Fax
September 26, 1995
Ms. Donna Snider
City of Chu1a Vista
276 Fourth Avenue
Chula Vista, California 91910
Re: Annexation Proceedings for ELMD #1
Dear Donna:
This is to request that the City of Chula Vista annex into EastLake
Maintenance District #1 those portions of Assessor Parcel numbers 643-070-
04 and 643-020-39 that are north easterly of the westerly boundary of the
SDG&E easement. We also hereby waive the right of majority protest, notice
of public hearing and the engineers report.
Sincerely,
EASTLAKE DEVELOPMENT COMPANY
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Thomas E. Adler
Project Manager
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E'A5TlAKE
DMlOPMENT
COMPANY
900 lane Avenue
Suite 100
Chula Vista. CA 91914
(619) 421-0127
,N< (619) 421-1830
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Exhibit B
RECEIVFf)
September 20, 1995
SEP 211995
BRE~i!'" .
Ms. D0I111a Snider
City Cli' CllUla Vista
276 Fourth Avenue
Chula Vista. California 91910
RE: CVT 95-03. EASTLAKR SOUTH GREENS UNIT 20, PHASE 2 - VENTANAS
Dear Donna:
This is to request that the City of Chula Vista annex into Eastlakc Maintenance DistriCl # I
thai portion of the above referenced map that currently is outside of said district. We also
hereby waive the right of majority protest, Notice of Public Hearing and the Engineer's
report.
Sincerely,
Ventanas-Chula Vista. 1.1'..
a C<llifornia limited partnership
By: Ventanas-Chula Vista General Partner, L.P.
a California limited Pl1rtner~hip
General Parlner
By; Hearthstone Advisors. Inc.,
a Calif on . orpClration
General min'
By:
JClhn Green
Sr. Vice President
12626 HIGH BLUFf TJRIVE, SUITE 350. SAN DIEGO. CAUFORNIA 92t30
(619) 794-S777. Fax: (619) 794.5784
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