HomeMy WebLinkAboutAgenda Packet 1991/04/02
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Tuesday, April 2, 1991
4:00 p.m.
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Regular Meetins>: of the City of Chula Vista City Council
Council Chambers
Public Services Building
CAllED TO ORDER
1.
CAll. THE ROLL:
Councilmembers Malcolm ~ Nader _, Rindone _ and Mayor Pro
Tempore Moore _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
March 19, 1991
4. SPECIAL ORDERS OF THE DAY:
a. Presentation by County Supervisor Brian Bilbray requesting support for county-wide landfill
capacity issues - Brian Bilbray, Vice-Chairman, San Diego Board of Supervisors.
b. Presentation by San Diego County Water Authority regarding water crisis and implication
of SO% water cutbacks - Michael Madigan, Chairman. Continued from the 3/19/91 meeting.
c. Presentation by the City of San Diego regarding the proposed new Central library at Lane
Field - Jack McGrory, City Manager.
d. Proclamation commending Raymond Smallwood for his heroic life-saving efforts - Mr.
Smallwood is credited in saving the life of Kathryn Scott on October 21, 1990 and this
proclamation gives due recognition.
CONSENT CALENDAR
The staff recommendations regarding the following items listed under the Consent Calerular will be enacted by the
Council by one motion without discussion unless a Councilmember, a member of the publu: 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 Publu: Beatings and Oral
CommuniJ:ations. Items pulled by the publu: will be the rust items of business.
S. WRITTEN COMMUNICATIONS:
a. Requesting waiver of requirements for business license for the Bonitafest activities - Gail
Lee, Co-Chairperson, BONITAFEST 1991, P.O. Box 284, Bonita, CA 92002.
b. Request for financial assistance so that the Bonita Vista High School Vocal Music
Department may represent Chula Vista in a National Invitational Show Choir Festival in
Disney World, Orlando, Florida. Ron Bolles, Director, 751 Otay Lakes Road, Chula Vista,
CA 91913.
AGENDA
-2-
April 2, 1991
c. Requesting a legal interpretation from the City Attorney regarding the application of the Ex
Post Facto Law, pertaining to the installation of satellite system - Bernard Bernes, 161 East
Millan Street, Chula Vista, CA 91910.
d. Requesting evaluation of location for cable box at comer of Gotham Street and Wayne
Avenue - Thomas A Davis, 1657 Gotham Street, Chula Vista, CA 91910.
6. ORDINANCE 2449 ZONING TEXT AMENDMENT PCA-91-5 TO ESTABUSH WATER
DISTRIBUTION FAClUTIES AS UNCLASSIFIED USES SUBJECT TO
LOCATION IN ANY ZONE UPON THE ISSUANCE OF A CONDmONAL USE
PERMIT - CITY INITIATED (URGENCY) The urgency ordinance would
provide the ability to consider water distribution facilities in any zone
subject to review and approval of a conditional use permit. The ordinance
is a temporary measure which would become void if the present water
emergency falls below the current stage six level. Staff recommends
approval of the urgency ordinance. (Director of Planning) (FOUR
AFFIRMATIVE VOTES REOUlRED)
7.A. ORDINANCE 2450 AMENDING SECTION 2.05.010 OF THE CHULA VISTA MUNICIPAL CODE
TO ESTABUSH THE REVENUE MANAGER POSITION IN THE
UNCLASSIFIED SERVICE (first readinl!) - The report concerns the
establishment of a Revenue Manager position in the Finance Department.
After review of the expected financial benefits of this position, it is
concluded that the position should be established prior to the start of the
fiscal year. Staff recommends Council place ordinance on first reading and
approve the resolution. (City Manager)
B. RESOLUTION 16102 . AMENDING THE FY 1990-91 BUDGET AND RESOLUTIONS 15823 AND
15824 TO CREATE THE POSmON OF REVENUE MANAGER IN THE
FINANCE DEPARTMENT, PLACING THE POSmON IN SALARY BAND E-2
OF EXECUTIVE MANAGEMENT, AND APPROPRIATING FUNDS THEREFOR
8. RESOLUTION 16103 /AMENDING THE EXECUTIVE AND MIDDLE MANAGEMENT FRINGE
BENEFIT COMPENSATION RESOLUTION NUMBER 15824 AND THE
SALARY BANDS RESOLUTION NUMBER 15823 FOR EXECUTIVE
MANAGEMENT PERSONNEL FOR FISCAL YEAR 1990/91 - Currently the
executive management group includes, in addition to the department
heads, the non-department head position of Assistant City Attorney,
Assistant City Attorney/Chief Litigator, Deputy Director of Public
Works/Operations Department, Deputy Director of Public Works/City
Engineer, Executive Director of the NIC and Budget Manager. The seven
assistant department heads in the City function in much the same way as
these executives and therefore have become an integral part of the City's
executive management team. Additionally, they have historically and
appropriately been tied in salary and group to the Budget Manager. Staff
recommends that effective 4/5/91, Council delete the following
classifications from the mid management membership of the Executive and
Mid Management Fringe Benefit Compensation Plan and include them in
the Executive Group Membership, amend the salary bands for executive
management personnel for FY 1990/91 by including the following in salary
AGENDA
-3-
April 2, 1991
band E2: Assistant Directors of Finance, Building and Housing, Planning,
Library, Community Development, Management Services and Personnel.
(City Manager)
9. RESOLUTION 16104 V'APPROVING TIlE 1HREE PARTY AGREEMENT FOR OTAY RANCH
DEVELOPMENT PROCESSING BElWEEN TIlE CITY OF CHULA VISTA,
ROBERT BEIN, WIIJJAMS FROST AND ASSOCIATES AND BALDWIN VISTA
ASSOCIATES AND AUTHORIZING TIlE MAYOR TO SIGN AGREEMENT -
The City is the agency designated to approve consulting contracts for the
Otay Ranch. Additional work is being requested of Robert Bein, Williams
Frost and Assoc. over and above the original scope of work. Staff
recommends approval of the resolution. (Deputy City Manager Krempl)
10. RESOLUTION 16076A 'AUTHORIZING TIlE MAYOR TO SIGN TIlE CONTRACT TO SUSAN
BIGELOW ASSOCIATES FOR DESIGN OF A CITY-WIDE RECORDS
MANAGEMENT SYSTEM - .On 2/26/91, Council awarded the contract to
Susan Bieglow Assoc. for the design of a City-wide Records Management
Program. The fmal contract has been negotiated and is before the Council
to authorize the Mayor to sign said contract on behalf of the City. Staff
recommends approval of the resolution. (city Clerk)
11. RESOLUTION 16105 1\.UTHORIZING TIlE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO
HOLD HARMLESSAND INDEMNIFICATION AGREEMENTSASNECESSARY
TO CONSTRUCT OFF-SITE IMPROVEMENTS ASSOCIATED Willi CAPITAL
IMPROVEMENT PROJECTS - The purpose of this staff report is to seek
authorization from the Council for the City Manager or his designee to
enter into Permit to Enter and Construct agreements as necessary for
construction of City Capital Improvement Projects. Staff recommends
approval of the resolution. (Director of Community Development)
12. RESOLUTION 16106 -AMENDING TIlE FY 1990-91 BUDGET TO UPGRADE ONE POIJCE
IJEUTENANT'S POSITION TO POIJCE CAPTAIN - Staff recommends
approval of the resolution. (Police Chief)
13. RESOLUTION 16107 ~AUTHORIZING TIlE PURCHASE OF MOBILE AND PORTABLE RADIOS -
The FY 1990/91 budget provides for the purchase of thirty-five two-way
mobile radios, six portable radios and eight battery chargers. Council
Resolution Number 6132 authorized the City to participate in a cooperative
bid for the purchase of this communication equipment. Staff recommends
approval of the resolution. (Director of Finance)
14. RESOLUTION 16108 ,/ ACCEPTING BIDS AND AWARDING CONTRACT FOR DEFIBRILLATORS -
At it's 2/12/91 meeting, Council approved the appropriation of funds for
the purchase of seven defibrillators. Bids were received and opened on
3/21/91. Staff recommends approval of the resolution and award contract
to SpaceLabs Inc. (Director of Finance)
AGENDA
-4-
April 2, 1991
15. RESOLUTION 16109 .-"APPROVING AGREEMENr FOR PROFESSIONAL CONSULTANT SERVICES
FOR TIIE PREPARATION OF A PUBUC FACIUTIES FINANCING PLAN FOR
TIIE SALT CREEK RANCH SPECIFlC PLANNING AREA PLAN - Council
previously approved the General Development Plan for the 1,200-acre Salt
Creek Ranch development project. The applicant now wishes to proceed
with the Specific Planning Area (SPA) Plan which requires that a Public
Facilities Plan be prepared. Baldwin Company will reimburse the City for
the full cost of the consultant. Staff recommends approval of the
resolution. (Director of Planning)
16. RESOLUTION 16110 ,/APPROVING TIIE 11.88 ACRE UNlNHABITATED "CAMEO DEVELOPMENr
REORGANIZATION" TO TIIE CI'lY OF CHULA VISTA, INVOLVING
ANNEXATION FROM TIIE COUN1Y OF SAN DIEGO AND DETACHMENr
FROM TIIE BONITA SUNNYSIDE FlRE PROTECTION DISTRICT - Subject
area is that involved with the 14 unit Lynndale Hills Subdivision (CVT 90-
6) approved by Council on 11/13/90. Staff recommends approval of the
resolution. (Director of Planning)
17. RESOLUTION 16111 vrERMINATING PROCEEDINGS FOR TIIE "EL RANCHO VISTA
REORGANIZATION" PURSUANT TO MAJORI'lY WRITTEN PROTEST OF
REGISTERED VOTERS. The City Clerk has validated written protests, as
required by law, and in conjunction with the Registrar of Voters, has
determined a 52% (or 33 of 63 currently registered voters) protest exists.
Staff recommends approval of the resolution. (Director of Planning)
18. RESOLUTION 16112 c~APPROVING SUBMISSION OF FY 1991-92 TRANSPORTATION
DEVELOPMENr ACT ('IDA) ARTICLE 4.5 AND PROPOSITION "N CLAIM
FOR HANDYfRANS OPERATION - The City of Chula Vista FY 1991-92
Atticle 4.5 claim to support HandyTrans operation is required by State law
to be submitted to SANDAG and MTDB. The claim consists of $228,078
in TDA Atticle 4.5 funds and $25,082 in Proposition "A" funds. Staff
recommends approval of the resolution. (Director of Public Works)
19. RESOLUTION 16113 e-AUlHORIZlNG SCOOT SUBMISSION OF FY 1991-92 TRANSPORTATION
ACT ('IDA) 4.0 CLAIM . The total SCOOT claim to support FY 1991-92
Chula Vista Transit operations and capital procurements $2,706,150;
consisting of $2,621,175 City of Chula Vista funds and $84,975 County of
San Diego funds. Staff recommends approval of the resolution. (Director
of Public Works)
20. RESOLUTION 16114 '-APPROVING AGREEMENr BETWEEN TIIE CI'lY OF CHULA VISTA AND
SCOOT FOR TRANSIT SERVICE IN FY 1991-92 - SCOOT was established
in August 1979 as a joint powers agency between the City of Chula Vista
and the County of San Diego. This agreement specifies transit service
provided by SCOOT in the City during FY 1991-92. Staff recommends
approval of the resolution. (Director of Public Works)
AGENDA
-5-
April 2, 1991
21.A. RESOLUTION 16115 ""APPROVING A RElMBURSEMENT AND ORlGINATION CHARGE
AGREEMENT BETWEEN TI!E CI1Y OF CHULA VISTAAND "FN" PROJECTS,
INCORPORATED FOR ALL INITIAL CONSULTING AND ADMINISTRATIVE
COSTS AND EXPENSES ASSOCIATED Willi FORMING A PUBUC
FINANCING DISfRlCT FOR SALT CREEK ONE PUBUC IMPROVEMENTS
AND AN OPEN SPACE DISfRlCT AND AUTIIORlZE TI!E MAYOR TO
EXECUTE SAID AGREEMENT - FN Projects, Inc. (Baldwin Company) has
requested the City to initiate proceedings under the State 1913/15 Acts or
the Community Facilities Act of 1982 to finance the improvements of the
public facilities associated with Salt Creek One development. They have
also requested the City to initiate proceedings to form an open space
district. FN Projects, Inc. has signed an agreement providing for the
advance of funds to pay for all initial consulting, City administration, and
appraisal expenses relating to the formation of a public financing district
subject to reimbursement by the City. Staff recommends approval of the
resolutions. (Director of Public Works)
B. RESOLUTION 16116 vAPPROVING AGREEMENTS Willi MUNI FINANCIAL SERVICES,
INCORPORATED,KADIE-JENSEN,JOHNSONANDBODNAR;ANDBROWN,
HARPER, BURN AND HENTSCHKE FOR SPECIAL ASSESSMENT SERVICES
ASSOCIATED Willi SALT CREEK ONE PUBUC FACIUTIES
IMPROVEMENTS AND OPEN SPACE AND AUTIIORlZE TI!E MAYOR TO
EXECUTE SAID AGREEMENTS
22. RESOLUTION 16117 ""ACCEPTING BIDS AND AWARDING CONTRACT TO MCR ELECfRlCAL
CONTRACTORS INCORPORATED FOR TRAFFIC SIGNAL MODIFICATION
AT BROADWAY AND ,. STREET; AND INSTAllATION OF A RED
FLASHING BEACON AT HILLTOP DRIVE, AND EAST RlENSTRA STREET -
On 3/14/91, the City Traffic Engineer received sealed bids for the
modification of traffic signals at Broadway and "I" Street; and installation
of a red flashing beacon at Hilltop Drive and East Rienstra Street. Bids
were received from six (6) qualified electrical contractors. Staff
recommends approval of the resolution accepting the bids and awarding
the contract to MCR Electrical Contractors, Inc. in the amount of $62,024.
(Director of Public Works)
23. RESOLUTION 16118 vAUTIIORlZING EXPENDITURE OF $2,000 FROM COUNCIL CONTINGENCY
FUND TO DEFRAY COSTS ASSOCIATED Willi TI!E PROPOSED WELCOME
HOME ACTIVITIES FOR DESERT STORM PARTICIPANTS - At its 3/19/91
meeting, Council directed staff to return with a proposal to provide funds
that would serve to defray costs associated with the proposed welcome
home activities for Desert Storm participants. The funds would serve as
seed money to help offset personnel and supply expenditures incurred in
support of the event. Staff recommends approval of the resolution.
(Director of Parks and Recreation)
24. RESOLUTION 16119 &RATIFYINGFIRSTAMENDMENTWIlliNORDQlTISTANDASSOCIATESTO
PROVIDE CONSTRUCTION SUPPORT SERVICES AND DESIGN REVISIONS
TO SWEETWATER-ROHR COMMUNl1YPARK - A proposal for Construction
Support Services and Design Revisions for the Sweetwater-Rohr
AGENDA
-6-
April 2, 1991
Improvement Project was requested by the department to obtain the
additional contractual services to complete the park improvement project.
Staff recommends approval of the resolution. (Director of Parks and
Recreation)
25.
REPORT
ON SAN DIEGO MENTAL HEALTI-I ASSOCIATION REQUEST TO CONDucr
A FUNDRAlSING BICYa.E TOUR - The San Diego Mental Health
Association is requesting permission to conduct a fundraising bicycle tour
through the City on 4/27/91. Staff recommends that Council accept the
report. (Director of Parks and Recreation)
26.
REPORT
ON SECOND AMENDMENT TO AGREEMENT BETWEEN SCOOT AND
AMERICAN TRANSIT MANAGEMENT CORPORATION (ATe) FOR
OPERATION AND MAINTENANCE OF CHULA VISTA TRANSIT (CV1) FOR
THE PERIOD OF 7/1/88 THROUGH 6/30/91 - The current agreement
between SCOOT and ATC for Chula Vista Transit operation terminates on
6/30/91 and contains an option to extend the agreement for two
additional years. Staff has negotiated a two-year extension to the
agreement. Staff recommends that Council accept the report and
recommend to the SCOOT Board that they approve the second amendment
to the agreement. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advenised and/or posted as publk 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 recommendiltion; complete the pink form
to speak in opposition to the staff recommendiltion.) Comments are limited to five minutes per individual
27.
PUBUC HEARING
FOR CONSIDERATION OF COASTAL DEVELOPMENT PERMIT NUMBER 52,
CONSTRUCTION OF A 245,000 SQUARE FOOT INDUSTRIAL BUSINESS
PARK BUlLDING OWNED BY ROHR INDUSTRIES, INCORPORATED -
Consideration of a 245,000 square foot business park building on 11 acres
of property located at 850 Lagoon Drive, owned by Rohr Industries.
(Director of Community Development) Continued from the 3/19/91
meeting. Staff requests that Council continue the public hearing to the
meeting of April 16, 1991.
ESTABUSHlNG THE GROWTI-IMANAGEMENT OVERSIGHTCOMMlSSION
(first readinld - The ordinance does not require a public hearing but is
related to the following items. (City Attorney) Continued from the
3/19/91 meeting. Staff requests that Council continue this item to the
meeting of April 9, 1991.
28.
ORDINANCE 2447
AGENDA
29.
30.
.7.
April 2, 1991
A. PUBLIC HEARING
PCA-91-3: CONSIDERATION OF AN AMIlNDMENT TO TIiE MUMClPAL
CODE REIATING TO ADOPTION OF TIiE GROwni MANAGEMENT
IMPLEMENTATION ORDINANCE - The Growth Management Program and
implementing ordinances will create a comprehensive system to manage
future growth by directing and phasing development in order to guarantee
the timely provision of public facilities and services. The ordinance to
establish the Growth Management Oversight Commission will replace the
original resolution adopted by Council in 1987. (Director of Planning)
Continued from the 3/19/91 meeting. Staff request that Council continue
the public hearing to the meeting of April 9, 1991.
ORDINANCE 2448
REIATING TO ADOPTION OF TIiE GROWIH MANAGEMENT ORDINANCE
(first readin..)
PCM-91-S: CONSIDERATION OF ADOPTING nm GROWTH
MANAGEMENT PROGRAM - (Director of Planning) Continued from the
3/19/91 meeting.
RESOLUllON 16101 ADOPTING 1HE GROWTH MANAGEMENT PROGRAM
B. PUBLIC HEARING
PUBLIC HEARING
AMENDING CONDmONS OF APPROVAL FOR PCC-89-27 (RIMSED) FOR
1HE 75 UNIT WW-INCOME HOUSING PROJECT FOR SENIORS AT
6281638 1HIRD AVENUE . The Salvation Army is requesting to construct
a 7S unit low-income housing project at 628/638 Third Avenue. On
12111/90, Council adopted a resolution which approved the conditional
use permit (pCC-89-27 Revised) for the Salvation Army. However, several
Conditions of Approval were included which the Salvation Army cannot
satisfy. As a result, the Salvation Army is requesting to amend these
Conditions of Approval. Staff recommends Council open the public
hearing, receive testimony, and then continue the hearing to the City
Council meeting of April 9, 1991. (Director of Community Development)
RESOLUllON 16120 AIJ11-IORIZlNG 1HE MODIFYING OF CONDmONS OF APPROVAL FOR
PCC-89-27 (REVISED) FOR 1HE 75 UNIT WW-INCOME HOUSING
PROJECT FOR SENIORS AT 6281638 1HIRD AVENUE
PUBLIC HEARING
AMENDING 1HE QillLA VISTA MASTER. FEE SCHEDULE REIATED TO
PARKLAND ACQUISITION FEES AND PARKLAND DEVELOPMENT FEES -
Said fees have not been adjusted for three years. Costs for acquiring land
and developing parks have increased steadily, necessitating the proposed
increase in fees charged to developers for said City park acquisition and
development. Staff recommends approval of the resolution. (Director of
Parks and Recreation) Staff requests that Council continue the public
hearing to the meeting of April 23, 1991.
AGENDA
-8-
April 2, 1991
OTI-IER BUSINESS
31. ORAL COMMUNlCATIONS - this is an opportunity for the general publU: to oddress the City Council on
any subject matter within the Council's jurisdiction that is not an ilem on this agenda. (State law,
however, generally prohibits the City Council from taking action on any issues not included on the posted
agenda.) [fyou wish to address the Council on such a subject, please complete the yellow "Request to
Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to
the meeting. Those who wish to speak, please give your name and address for record purposes and follow
up action. Your time is limited to three minutes per speaker.
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" form available in the lobby and submit it to the City Clerk prior to the meeting. Public
comments are limited to five minutes.
32.
REPORT
ON GROWTH MANAGEMENT OVERSIGHT COMMITTEE
RECOMMENDATIONS FOR PARKS AND RECREATION - At it's 8/23/90
meeting, Council considered the second annual report of the Growth
Management Oversight Committee (GMOC) and referred those
recommendations dealing with parks and recreation issues to the Parks and
Recreation Commission for input. Although the GMOC found that the City
was in compliance with the Parks and Recreations threshold, it had some
additional recommendations for increasing the amount of parkland in the
City. Staff recommends that Council accept the report. (Director of Parks
and Recreation)
ON POTENTIAL APPROACHES TO COUNCIL STAFFING - At the 1/24/91
Council goal-setting meeting, several Councilmembers requested staff to
review the City budget to identify potential methods for funding Council
staffing without any increase in the net City budget. The report provides
follow-up information that was requested at the January 24th Council
meeting, and provides a structure for further Council discussion and policy
direction regarding Council staffing. Staff recommends that Council
discuss the alternative methods described in this report for implementing
Council staffing and provide policy direction to staff, and determine
whether the Council wishes to form a Council Subcommittee to further
review issues related to Council staffing. (City Manager)
33.
REPORT
34. BOARD AND COMMISSION RECOMMENDATIONS: None
35. ITEMS PULLED FROM 1HE CONSENT CALENDAR - this is the time the City Council will discuss items
which have been removed from the Consent Calendar. Agenda items pulled at the request of the public
will be considered prior to those pulled by Councilmembers. Public comments are limited to five minutes
per individual.
AGENDA
-9-
April 2, 1991
36. CI1Y MANAGER'S REPORT(S)
a. Scheduling of meetings.
37. MAYOR'S REPORT(S)
38. COUNCIL COMMENTS
a. Nader:
Opposition to diversion of North County trash to South County landfill.
b. Rindone:
Update on annual report of Chula Vista Transit passenger miles and fare box recovery rate.
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Pending litigation pursuant to Government Code Section 54956.9 - Robert Smith, et al. versus City
of Chula Vista, et aI.
Pending litigation pursuant to Government Code Section 54956.9 - Hall versus City of Chula Vista,
et al.
The meeting will adjourn (closed session and thence to) the Regular City Council Meeting on April 9, 1991
at 6:00 p.m. in the City Council Chambers.
A Redevelopment Agency meeting will be held immediately after the City Council meeting.
.
March 28, 1991
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
E. R. Asmus, Assistant City Manager ~
City Council Meeting of April 2, 1991
This will transmit the agenda and related materials for the regular City Council
meeting scheduled for Tuesday, April 2, 1991. Comments regarding Written Communications
are as fo 11 ows:
5a. This is a request from the Bonita Business and Professional Association
requesting that all business license fees for the Bonitafest activities
be waived. A number of years ago, the City Council determined that
participants in the Bonitafest activities would not be required to obtain
a business license if they are legitimately registered as a participant
in the Bonitafest activities. IT IS THEREFORE RECOMMENDED THAT ALL BUSINESS
LICENSE FEES BE WAIVED FOR REGISTERED PARTICIPANTS.
5b. This is a request of the Music Machine of Bonita Vista High School requesting
that the City Council assist this group in raising funds to offset costs
involved in transportation and lodging expense for them to represent the
City of Chu1a Vista and the State of California in a National Invitational
Show Choir Festival sponsored by Keynote Arts Associates in April 1991
at Disneyland in Orlando, Florida. As indicated in their letter, the City
donated $2,000 toward a European Festival Tour in 1985, and in 1987 donated
$1,000 toward the Festival Tour to Washington D.C. In making those donations,
it was understood that the Music Machine would perform as often as possible
in Citywide celebrations and events. Such performances have been participated
in by the Music Machine over the last several years. IT IS THEREFORE
RECOMMENDED, BASED UPON PAST COUNCIL ACTION AND WITH THE UNDERSTANDING
THAT THE MUSIC MACHINE WILL CONTINUE TO PERFORM AS OFTEN AS POSSIBLE IN
CITYWIDE CELEBRATIONS, THAT A RESOLUTION AUTHORIZING AN EXPENDITURE OF
$1,000 FROM THE COUNCIL'S CONTINGENCY FUND BE PLACED ON THE CITY COUNCIL'S
NEXT AGENDA FOR APPROVAL.
5c. This is a letter from Mr. Bernard Bernes, a resident living at 161 East
Millan Street questioning the City's legal authority to require a non-
conforming satellite dish that was installed prior to an ordinance adopted
in 1986 that regulated the installation of satellite dishes. The original
ordinance provided for a 3-year amortization period to bring all non-conforming
satellite dishes into compliance with the ordinance. In February 1989
the City Council amended the original ordinance and extended the original
3-year amortization period an additional 2 years and directed that all
property owners with a non-conforming dish be notified 1 year in advance
of the expiration of the amortization period, which now allowed for a total
of 5 years. Mr. Bernes was sent a letter on March 6, 1989 advising him
that the amortization period had been extended to February 14, 1991, and
then on February 6, 1990 was sent a notice that the satellite dish antennae
amortization period would expire in one year. In January of this year,
CITY OF CHULA VISTA
the attached letter from the City's Code Enforcement Division was sent
to all owners of non-conforming satellite dishes, advising that the antenna
must be removed, modified or relocated. For the City Council's information,
the City Attorney's Office has verbally indicated that the 5 year amortization
period to bring non-conforming dishes into conformity with the ordinance
appears legally sustainable and therefore IT IS RECDMMENDED THAT THE CITY
ATTORNEY DO WHATEVER ADDITIONAL RESEARCH HE FEELS APPROPRIATE AND ADVISE
MR. BERNES OF HIS OPINION REGARDING THE MATTER.
5d. This is a letter from ,Mr. Tom Davis asking the City Council to investigate
further the location of a Cox Cable box at the southwest corner of Gotham
and Wayne Avenue. Traffic and Engineering staff have carefully and thoroughly
reviewed Mr. Davis' complaint, and attached to this Written Communication
is a report together with related material that addresses the process and
issues raised by Mr. Davis. IT IS RECOMMENDED THAT THE CITY COUNCIL RECEIVE
AND FILE MR. DAVIS' LETTER AND THAT HE BE FURNISHED A COpy OF THE STAFF
REPORT.
ERA:mab
CITY OF CHULA VISTA
COUNCIL AGENDA STATEMENT
Item
Meeting Date
</L
04/02/91
Presentation by County Supervisor Brian Bilbray Requesting
Support for County-wide landfill Capacity Issues
SUBMITTED BY: City Manager ~ (4/5th Vote: Yes_ NO _!.J
The presentation by Supervisor Brian P. Bilbray of the San Diego County Board of
Supervisors will address and request support for the serious landfill capacity
problems facing the County. For background, the attached letter (Exhibit A) from
Supervisor Bilbray requests that the City enter into an agreement with the County
committing future waste streams in order to allow the County to make the
necessary long-term financial investments in waste disposal facil ities. The
urgency of the February 21, 1991 waste stream control request was highlighted by
what was, at the time, a deadline for dealing with the dispute regarding the
expansion of the San Marcos landfill. In short, failure to achieve additional
capacity in North County by this summer would result in increased disposal at
County landfill sites located in Santee and Chula Vista.
ITEM TITLE:
RECOMMENDATION: Direct staff to: 1) continue to participate in inter-
jurisdictional discussions on waste stream control and related issues, and 2)
report back within three months.
BOARDS/COMMISSIONS RECOMMENDATION: The Growth Management Oversight Committee has
expressed an interest in landfi 11 capacity 1 imitations and is currently fo llowing
the City's progress towards meeting the solid waste management requirements of
AB 939. There is no specific recommendation at this time on the question of
waste stream control.
DISCUSSION:
This is a complex issue which cannot be isolated from other related issues for
discussion. Because those complex and related issues are also highly political,
staff has prepared a chronology and summary of pertinent data as additional
information for Council.
Backaround
You may recall that waste stream control is an issue which City staff has been
actively involved in since the County originally proposed an agreement a year and
a half ago. In brief, the concept of waste stream (flow) control is that an
agency guarantees that refuse will be delivered to another agency for transfer,
resource recovery and/or disposal. The guarantee of the material, and resulting
payment of a disposal fee, allows the receiving agency to plan for necessary
facilities and to make long term financial commitments in order to obtain
sufficient funds to pay for the costs of acquiring and developing the facilities.
Some major policy questions that arise when a jurisdiction is considering signing
a flow control agreement are:
tJ"".../
Page 2, Item
Meeting Date
'-Ie....
04/02/91
What are a mun i cipa 1 ity' s a lternat i ves, consequences and costs if no
agreement is desired, i.e., a range of choices from paying higher disposal
fees to buying/selling capacity rights to operating own landfill.
Given technological advances which can affect the solid waste disposal
industry, how long should a waste stream be committed?
If a commitment is being made, what role can a municipality play in policy
direction of facilities, ownership, and the establishment and/or oversight
of disposal fees?
Since the issues were last reported to Council in late 1989 (see Exhibit B), it
has become clear that there are two parallel, but interrelated, forces driving
the need for a resolution on waste stream control: 1) the impending closure of
the San Marcos landfill, and 2) the State mandates (AB 939) imposed on cities and
counties which require a 25% reduction in waste disposal in the next five years.
The Status of the San Marcos Landfill Exoansion
In order for the landfill expansion to occur, the County must receive approval
from three sources: the City of San Marcos, the State's Regional Water Quality
Control Board, and the State's Integrated Waste Management Board. In late
February 1991, the City of San Marcos agreed to process the County's request for
a conditional use permit to expand the landfill, despite the unresolved issues
of: 1) waste stream control agreements between the County and all cities, 2)
establishment of host facility fees to mitigate the negative impact of the
landfill and its expansion, and 3) currently pending lawsuits by three north
county cities against the County and the City of San Marcos to prevent the
development of a waste-to-energy plant. Of the three conditions, a waste stream
control agreement is not directly necessary to the land use requirements of the
expansion. The resolution of those issues is still the subject of further
discussions between County staff and affected north county cities. Much of the
discussion, however, on both issues, has been brought back to the AB 939 Task
Force (elected officials) and its Committees (staff and industry/citizen
representat i ves) wh i ch a 1 so need to address these issues as they affect all
cities in the region.
Despite processing approval for a conditional use permit by the City of San
Marcos, the Regiona 1 Water Qua 1 ity Contro 1 Board subsequent ly den ied permit
approval pending additional information on the potential impact on groundwater.
The request will be revi sited in May 1991. Approva 1 by the State's Waste
Management Board cannot be sought until all other permits are received.
Essentially, this delay allows more time to resolve San Marcos' waste stream
control and host (impact mitigation) fee issues, but collapses the time needed
to ensure expanded capacity and prevent closure of the existing landfill which
is now estimated at September 1991.
l./A"'2.
Page 3, Item
Meeting Date
tic...
04/02/91
On their April 9 agenda, the County Board of Supervisors will be discussing
interim measures to immediately reduce the amount of waste disposed of in San
Marcos and to foresta 11 the closure unt il a 11 permits can (hopefu lly) be
received. Some options will directly impact the City of Chula Vista.
Pendina Policv Recommendations of the (AB 939) Intearated Waste Manaaement Task
Force.
The AB 939 Task Force is comprised of one elected official from each city and the
County. (Chula Vista's representative is Leonard Moor!!'. \ In a joint
workshop with its Committees on February 22, 1991, the Task Force discussed the
policy question of host fees. Specific direction was given to the Technical
(staff) and Citizen (citizen/industry representatives) Advisory Committees to
develop a proposed criteria for "establishing a system of impact mitigation fees
for regional solid waste facilities." That direction is being currently
addressed by both Committees and a report is expected to be received at another
joint workshop with the Task Force in May 1991. At that time, it is also
tentatively planned that the discussion will include the related topics of waste
stream control agreements and an organizational structure to allow some decision-
mak ing role for cities wi 11 ing to guarantee waste stream. The Task Force's
ultimate recommendation to the Board of Supervisors is advisory only.
In representing Chula Vista in this assignment, City staff will continue to
actively pursue results consistent with the Council's position that impact
mitigation fees should be paid on the Otay landfill. This position was forwarded
to the Board of Supervisors via resolution in November 1990.
Kev Policv Input Opportunities for Chula Vista City Council
April 9, 1991 - To the County Board of Supervisors regarding interim measures
for dealing with the San Marcos closure date by routing some
waste to the Otay Landfill.
May 20, 1991 - To the Regional Water Qual ity Control Board in support of
permitting the San Marcos Landfill expansion plan.
May 24, 1991- To the local Integrated Waste Management Task Force regarding
impact mitigation fees.
FISCAL IMPACT:
None as a direct result of the recommended action. Establ ishment of impact
mitigation fees would be expected to have a positive net effect on the General
Fund, amount as yet undetermined.
[landfill]
4 ... - 3/'10. . 'f
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Exhibit A
BRIAN P. BILBRAY
VICE-CHAIRMAN
SUPERVISOR, FIRST DISTRICT
SAN DIEGO COUNTY BOARD OF SUPERVISORS
February 21, 1991
The Honorable Len Moore
Acting Mayor
City of Chula vista
P.O. Box 1087
Chula vista, CA 91912
Dear Acting Mayor ~~
The County's existing landfill capacity, serving the region's
cities and the unincorporated area, will be exhausted in about ten
years. The County is actively securing future waste handling and
disposal capacity in the form of new landfills, landfill
expansions, transfer stations, a waste-to-energy plant, recycling
programs and environmental mitigation for existing and future
landfills.
A key element in securing future facilities is properly sizing them
to manage the projected quantity of solid waste. In addition,
future facilities will require long term financial commitments and
assumptions of risk by the County. The County will be required
to pledge the revenues of the solid waste enterprise fund to secure
the bonds.
While informal waste stream control was sufficient to support the
County's financial commitments in the past, the magnitude of future
commi tments will require that the regions's cities consider a
formal agreement(s) with the County for waste stream control.
Enclosed is a proposed County Waste stream Control contract for
your consideration. Please review the contract, and include it for
consideration on your council's agenda. County staff and I will
make ourselves available to discuss this with your staff and appear
before your council.
4-A. - 5"
COUNTY ADMINISTRATION CENTER 1600 PACIFIC HIGHWAY. ROOM 335 SAN DIEGO, CA 92101-2470 16191 53'-5511
CHULA VISTA OFFICE. 430 DAVIDSON STREET, SUITE D. CHUlA VISTA CA 92010.2411 (619) 691-4700
Len Moore, Acting Mayor
February 21, 1991
Page Two
Related to this is the waste disposal crisis simmering in North
County. That dispute centers around a request by the City of San
Marcos to have other North County cities drop their lawsuits and
opposition to the San Marcos trash-to-energy facility before San
Marcos will process a conditional use permit to expand the San
Marcos landfill. Unless expanded, that landfill will reach
capacity later this year. If the County cannot achieve control of
the waste stream it will be difficult for us to prevent North
County from literally dumping their trash at the Sycamore Landfill
in Santee and the Otay Landfill in Chu1a vista. Our mutual
constituents would with good reason resent this injustice.
Your prompt attention to this matter would be greatly appreciated.
Sincerely,
~.i:2
vice-chairman
BPB:mj
Enclosure
cc: City Manager
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Exhibit B
November 17, 1989
TO:
VIA:
FROM:
SUBJECT:
The Honorable Mayor and City Council
John D. Goss, City Manager~
Stephanie popek~rinciPal Management Assistant
Waste Stream Control Negotiations with the County of San Diego
In the material you recently received regarding the Prison Industry Authority
(PIA) proposal for a Correctional Resource Recovery Center at Donovan Prison,
County staff referenced the fact that they were currently meeting with city
officials in order to "secure commitments for the provision of constant
volumes of municipal waste." This is to advise you of the City of Chula
Vista's role and the status of those discussions with the County.
In August 1989, all cities in the region were invited to meet with County
CAO and Public Works staff on the subject of waste stream control. As you
are aware, closure dates for County landfills are currently estimated to
be anywhere from 1991 (San Marcos) to the year 2000 (Ramona and Borrego).
The Otay Landfill is projected to be at capacity in 1998. The County's
present dollar estimate of solid waste disposal projects needed to replace
the closing landfills is $172,000,000. The County is proposing that the
cities commit to a long-term agreement to pay a system-wide tipping fee
in delivery of municipal waste, and to allow the County to direct that waste
to any County solid waste facility. The stated intention behind this proposal
is the County's position that it is necessary to have a long-term agreement
in order to provide a guaranteed revenue stream which will fund the development
of these new solid waste facilities.
In subsequent meetings, the County City Manager's Association (CCMA) determined
that a subcommittee of the following cities would allow a more reasonably-sized
working group for these discussions: Carlsbad, Chula Vista, Encinitas,
Escondido, La Mesa, National City, Oceanside, San Diego and Santee. The
region's waste haulers have also been included in the discussions. At the
present time the proposed draft agreement is vague and the major concerns
raised by the cities appear to be:
1. The agreement would allow the County to direct waste to any solid waste
facility including a trash-to-energy plant. Agreement on the part
of the North County cities currently suing the County because of the
NCRRA Project would be incongruent with their goals. South Bay cities
also note that the agreement would allow the County to guarantee waste
stream delivery to the PIA proposal if it goes forward.
2. The County Board of Supervisors has stated the position that they would
limit access to new solid waste facilities to those cities participating
in waste stream control and having a signed agreement. This position
appears to leave little room for negotiation.
~~-7
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3. The County takes the position that it will be the lead agency and will
be assuming the risk for the revenue bonds, and therefore will retain
sole discretion over the expenditure of those funds and the replacement
of the costs through the tipping fees. The cities are proposing that
they be placed in more than an advisory role to the Board regarding
the payment of tipping fees and the construction of the new facilities
which will drive the cost of those fees. These discussions are in
the early stages and details have not yet been determined, but an
institutional arrangement which would allow greater participation,
such as a JPA, is being suggested.
4. Although the current draft proposal does not specify a minimum delivery
of waste, the County has attempted to clarify that recyclables diverted
from the waste stream are not considered in this commitment. There
is new legislation (AB 939) which will seriously impact the cities
in the near future by requiring source reduction and recycling components
to an integrated waste management plan. The penalty to cities for
not complying could be up to $10,000 per day. Considering the dynamic
nature of the waste management field in the public arena today, it
is unsettling to be discussing contracts which commit prOducts and
project needs over the next 30 years.
Discussions with County staff are continuing. Although they originally
expected to have the issue resolved by January 1990, that does not currently
appear to be a feasible projection. Council will be kept apprised of the
status of discussions and the final proposal will be brought back for Council
consideration prior to submission to the Board of Supervisors.
SP:lm
#33
4 '^- .. <i
AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND
CITY OF REGARDING
DELIVERY OF SOLID WASTE TO COUNTY FAC~LITIES
THIS AGREEMENT entered into this day of
19 between the County of San Diego (County) and the City of
(city).
WITNESSETH:
WHEREAS, County
various solid waste
disposal facilities
"facilities"); and
is working diligently to site and develop
transfer, resource recovery and landfill
(hereinafter collectively referred to as
WHEREAS, due to the expense of acquiring and developing these
facilities, County or other parties may need to issue revenue bonds
or other forms of indebtedness in order to obtain sufficient funds
to pay for the costs of acquisition and development; and
WHEREAS, County will need an assured stream of revenue in
order to make payments on the indebtedness; and
WHEREAS, County intends these facilities to accommodate solid
waste from City as well as the unincorporated area if City is
agreeable to supplying County with its acceptable waste; and
WHEREAS, city desires to obtain use of the facilities and to
cooperate with county by agreeing to assure that solid waste to
County facilities from the City as specified below is delivered;
NOW THEREFORE, the parties hereto agree as follows:
L ACCEPTABLE WASTE. "Acceptable Waste" shall mean all
solid waste legally acceptable at a Class III Landfill under
current laws or regulations and as the laws or regulations may be
amended from time-to-time.
2. COUNTY ACCEPTANCE OF WASTE. To the extent that County
has available capacity, county agrees to provide solid waste
disposal facilities at which the city will dispose of acceptable
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4D.... ~
waste upon payment of County's disposal fee. The capacity at the
facilities will be made available to the city on an equal basis
with solid waste generated from within the unincorporated area of
the County.
3. CITY TO DIRECT WASTE TO FACILITIES. City shall direct
its acceptable waste to the facility designated by County and pay
or cause to be paid the County's disposal fee for County's
acceptance of the waste.
4. LIMITATION ON DISPOSAL FEE. In accordance with Article
XIIIB of the state Constitution, the County's disposal fee shall
not exceed an amount necessary to raise sufficient revenue to fund
the solid waste program of County.
5.
encouraged
possible.
ability to
PROMOTION OF RECYCLING ACTIVITIES. The City is
by the County to recycle the maximum amount of waste
Nothing in this Agreement shall restrict the city's
recycle its waste.
6. CAPITAL EXPENDITURE. Based on this Agreement, it is the
intent of the County to finance capital projects to provide long-
term disposal capacity for the city.
7. REMEDIES. Except as otherwise provided herein, neither
City nor County may terminate this Agreement prior to its
termination date. Each party shall be limited to the right of
specific performance of this Agreement in event of default.
8.
parties
subject
OBLIGATIONS UNCONDITIONAL. The obligations of the
under this Agreement are unconditional and shall not be
to any expense, charges or set-offs whatsoever.
9. (a) TERM AND EARLY TERMINATION. The obligations of the
parties hereto shall commence on the date of this Agreement and
shall terminate thirty years from the date of this Agreement.
10. ADMINISTRATION OF AGREEMENT. county I s Director,
Department of Public Works or his or her designee shall administer
this Agreement on behalf of county. city's (title of official) or
his or her designee shall administer this Agreement on behalf of
city.
Any notices or communications required or
11.
NOTICES.
- 2 -
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permitted hereunder shall be in writing and delivered in pe~son or
sent by certified or registered mail, postage prepaid, or sent by
telecopy as follows:
To city:
If by Hand:
If by Mail:
If by Telecopy:
To County:
If by Hand:
If By Mail:
If By Telecopy:
changes in the respective addresses to which such notices may
be directed may be made from time-to-time, by any party, by notice
to the other party given in the manner set out above. Notices
shall be deemed given when received.
12. WAIVER. No course of dealing or failure or delay on the
part of County or city in exercising any right, power or privilege
under this Agreement shall operate as a waiver thereof, nor shall
a single or partial exercise thereof preclude any other or future
exercise or the exercise of any other right, power or privilege.
The making or the acceptance of a payment by either party with
knowledge of the existence of a breach shall not operate or be
construed to operate as a waiver of any such breach. The rights of
County and city under this Agreement are cumulative and not
exclusive of any rights or remedies which the City or the County
might otherwise have unless this Agreement provides to the
contrary.
13. MODIFICATIONS. No modification or waiver of any
provision of this Agreement shall be effective unless the same
shall be in writing and signed by County and city only in the
specific instance and for the purpose for which given. No notice
to or demand on county or City shall in itself create the right in
County or city to any other or further notice or demand in the
same, similar or other circumstances.
- 3 -
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14. HEADINGS.
are for convenience
provisions hereof.
The captions and headings in this Agreement
only and shall not define or limit the
15. COUNTERPARTS. This Agreement may be executed in more
than one counterpart, each of which shall be deemed to be an
original but all of which, when taken together, shall constitute
but one instrument.
16. SEVERABILITY. In the event that any prov~s~on of this
Agreement shall, for any reason, be determined to be invalid,
illegal, or unenforceable in any respect, the parties hereto shall
negotiate in good faith and agree to such amendments,
modif ications, or supplements to this Agreement or such other
appropriate actions as shall, to the maximum e~~ent practicable in
light of such determination, implement and give effect to the
intentions of the parties as reflected herein.
17. ENTIRE AGREEMENT. This Agreement is the entire Agreement
between he parties relating to the subject matter of this Agreement
and all oral agreements, if any, proposals and other written
material relating to the subject matter of this Agreement, are
merged into this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hand on
the date first above written.
COUNTY OF SAN DIEGO
DATED:
By
CITY OF
DATED:
By
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. MAR - 11991 ILL
I CITY COUNCil OffiCES J
C~U'- ~ ViSR CA
San Diego County Water Author
A Public Agency
3211 Fifth Avenue. San Diego, California 92103-5718
(619)297-3218 FAX (619) 297-0511
March 5, 1991
The Honorable Leonard Moore
Mayor Pro Tem
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
Dear Len:
The San Diego County Water Authority appreciates the opportunity to meet with
your council on Tuesday, March 19 at 6 p.m. The purpose of this forum would be
to continue our dialogue regarding the current water situation and to exchange
ideas regarding additional measures your city can take to help us meet potential
50 percent water cutbacks.
One step I would like to request is for your council to pass a resolution, which
supports water conservation. Elements may be added or modified based on your
city's particular situation or demographics. This can be further explored when
we meet.
Other actions your council could take to assist the Authority are to :
. Reduce the city's water usage by at least the percentage in affect for
all other users;
. Communicate regularly and effectively with citizens to encourage water
conservation;
. Review planning standards and CC&Rs in your city to determine if they
can be revised to temporarily reduce water consumption, particularly
requirements for green turf and landscaping of new PUDs or commercial
sites, for example;
. Generate community activities and news to gain media coverage of
the water situation in your community.
. Have water saving tips and other conservation information
available at city hall.
To survive this summer's water conditions will require drastic action. Your
guidance, aggressive participation and the cooperation of every city in the
county, are valuable contributions to our efforts.
COUNTY
. SanOi.go
I_officio)
MEMBER AGENCIES
"lIGATION DISTRIctS Lib , COUNTY WAn. DISTRICT
. Santa Fw 0 SouIll80y , _ . Vall<<itol
~ PUILIC unUTY DfSTRlCT
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WAn. o.mlCfS
. Heli~ . Otoy ffDERA1. AGENCY
o Son Dieguilo _ o P.ndlelonMiliroryReMrvotion
MUNIClML WAnR DISTRICJS
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PRINTED ON RECYCLED PAPER
The Honorable Leonard Moore
March 5, 1991
Page 2
Thank you very much for your consideration of, and assistance with, this.
important matter.
Sincerely,
/LA. ~-
. Michael Madigan
Chairman
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OFFICE OF
CITY LIBRARIAN
TELEPHONE
619 236-5870
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MEMBER
THE CITY OF
SAN DIEGO
SAN DIEGO PUBLIC LIBRARY . 820 E STREET . SAN DIEGO, CALIFORNIA 92101 - 6478
March 7,1991
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W\R \ I 199\
CITY COUNCIL OFFIClS
CHULA VISTA. CA -'
\
Honorable Mayor and City Council Members
City of Chula Vista
276 Fourth Avenue
Chu1a Vista, California 92010
- ~ y' aO
Dear Mayor and Council Members: ar .,).. . f'
The City of San Diego is requ~to be placed on your council agenda as
an item on Tuesday, Mal"!. ~ , , to discuss the Proposed New Central
Library at Lane Field. A time certain would be appreciated.
City Manager Jack McGrory or representative will make a presentation on
the critical need of a new Central Library and the major assets of a joint use
of Lane Field. Staff will be available for questions and answers.
Please contact my secretary Rua Johnson at 236-5870 if you have any
questions.
j(/~ft/ ~
William W. Sannwald
City Librarian
WWS:rj
c: Mayor Maureen O'Connor
Councilmember Judy McCarty
City Manager, Jack McGrory
James R. Dawe, Chair, Board of Library Commissioners,
Sal Giametta, Community Coordinator, Mayor's Office
L{c..- ,
Friends S
of the 4<&; "f......v
SAN DIEGO PUBLIC UBRARY
820 E STREET, SAN DIEGO, CALIFORNIA 92101
March 8, 1991
r~ ~ IU~ ~ rn
L
en'. :"P\:-,!l rl~"nCES
.____._.: :'::_~:~:SL.
The Honorable Leonard Moore
Mayor Pro Tem
and City Council Members
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 92010
Dear Mayor Pro Tem and City Council Members:
The Friends of the San Diego Public Library believes that it is
important we present vital information about the positive aspects
of using Lane Field for a Main Library in San Diego. We perceive
no negatives.
At the Lane Field location, a Main Library would serve not only
as the metropolitan library of the city, but also your city
library system. The quantity of books and materials
supplementing your own library system is vital: inter-library
loans, government documents, an extensive U.S. patent collection,
and the entire gamut of reference materials should be recognized
as an addition to your library collection in a manner which would
neither unduly tax your library budget nor require unavailable
shelf space.
As a "hub library", we need not tell you how inadequate the
current Eighth Avenue building is. A modern Main library is the
critically needed regional library which would serve all the
ci"ties and the entire county in a tar bet:ter manner.
It is important to remember that while, for some people, Lane
Field, or anywhere near the center of the city, is "downtown",
(in a negative sense) one of the favorable aspects of the Lane
Field site is it is near attractive elements such as the Star of
India, the "G" Street Mole and just around the curve of the bay
from Seaport village. It is looked upon as a "non-threatening",
"non-downtown" location. Exhibits and park space on the site
could well be part of those entertainment and recreational
aspects of the harbors ide area. There is nothing wrong with
educating while you are entertaining.
&.\ c.. -.!
Dedicated to Support of the Central Library and Its Affiliated Branches
Mayor and city council Members
March 8, 1991
By keeping a view open from other sections of the city,
architects would be able to develop a signature building with a
broad harbor view along with the appropriate internal library
space. A technologically advanced metropolitan library must be
visualized as housing information and many displays concerned
with:
.
The Pacific Rim and related fields of
endeavor.
.
Trade Center focus to include commercial,
business and financial information and
resourc9Fl, P1UR modern electroni.c
connections:
.
Marine and Fisheries resources, collection
and displays.
Tourist resources, includin~ information on
all the areas' parks, exhib~ts, and points of
interest, several of which are pridefully
part of your city.
An imaginative children's section with
s~ecialized learning equipment and electronic
d~splays. This would also provide outdoor
park space. Literacy and fun would well be
combined.
Cultural and civic events in well-planned
space would be focused as ~art of the complex
making such activities ava~lable for all the
areas' residents because of the site's
central location.
Location is important. Few realize the trip
by trolley from your area and even San
Ysidro, for example, would bring patrons
-..:;..,-11ill a few feet of a library Located at
Lane Field. Bus service to the front door
would not require numbers of transfers, and,
if you care to come in by train, a library at
Lane Field would be right next door the Santa
Fe station. A transportation exhibit (boats,
train, planes) would be a natural.
Harbor Drive remains one of the most direct
main highways to the area. It is far less
congested than any other approach to the
city.
.
.
.
.
.
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Mayor and City Council Members
March 8, 1991
. Parking, always a critical problem, must be
planned as apart of a regional library
complex. Lane Field allows room for this.
400 spaces have been recommended, allocated
to library-controlled parking with other,
paid spaces, made available to the public.
An observation was made in a FACT SHEET issued by Mayor O'Connor.
It stated that the city believes that a joint use of Lane Field
for this library with other tidelands uses can be accomplished
within the limits of tidelands trust and the Port District Act.
A new Central Library at Lane Field, developed as a regional
:i.:'~3curco fer 't~c b~~.~.~f~:: .-:f t:: ~ ~;nti:-:-~ ~("'-:~:~.~~_~' ~~~ :!.~',r:'; ~ ~~.(,l.~;.;"'.,;
multiple components serving business, education, tourism and
recreational purposes, will meet the needs of City and County of
San Diego through the 21st century.
We hope this matter will be placed on your agenda for an early
meeting, and that Mayor and Council Members will take favorable
action.
We sincerely believe that a regional library at Lane Field will
be in the best interests of all the residents of your city and
the entire county.
,&,#i;~~
Betty G. Sherman
Executive Director
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"COMMENDINGRAYMOND SMALLWOOD
FOR HIS HEROIC LIFE-SAVING EFFORTS
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS. special recognition and congratulations are in
order for RAYMOND SMALLWOOD for his heroic efforts in saving
.the life o~ Kathryn Scott on Sunday, October 21, 1990 at 175
-B- Street ~n ChulaVista, and
WHEREAS, a catastrophe WAS avoided because of the skillful
and immediate response to danger demonstrated by RAYMOND SMALLWOOD
in entering a burning building and carrying Mrs. Scott on his
back as he crawled his vayte safety; and
WHEREAS. his courageous action in rescuing Kathryn Scott
from her burning apartment averted what could have been a tragic
loss:
.
NOW, THEREFORE, I,' LEONARD M. MOORE, Mayor pro Tempore of
the City of Chula Vista, California, do hereby express sincere
appreciation on behalf of the City of Chula Vista to
RAYMOND SMALLWOOD and commend him for his heroic action.
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RESOLUTION NO. 16092A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE
STATE OF CALIFORNIA TO PURCHASE EIGHT PICKUP TRUCKS AND
'lWO SEDANS ON BEHALF OF THE CITY OF CHULA VISTA
The City Council of the City of Chula vista does hereby resolve as
follows:
WHEREAS, the FY 1990-91 budget includes funds for the purchase of eight
pickup trucks and two sedans; and
WHEREAS, Council Resolution No. 6132 authorizes the City to participate
in a cooperative bid with the State of California for the purchase of these
vehicles; and
WHEREAS, said procedure requires the adoption of a resolution designating
the State as its purchasing agent in making the purchase and a service charge
of one percent of the total before taxes is required for each transaction; and
WHEREAS, the Equipment Replacement Fund provides for the replacement of
seven pickup trucks and one sedan; the Public Facilities Development Impact
Fee Fund and the Transit budget provide for one additional pickup truck and
one sedan; and
WHEREAS, the purchase cost for the vehicles is $115,979.24 based on State
contract prices which includes a one percent State service charge and cash
discount terms if the City pays the invoice within the timeframe proposed in
the contract.
WHEREAS, the City Attorney of the City of Chula Vista has executed a
certificate, attached hereto and incorporated herein by reference as if set
forth in full, in accordance with Section 1895.2 of the California
Administrative Code, advising that the requested purchase by the State
Department of General Services does not conflict with the provisions of the
ITty Charter.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the Department of General Services of the State of
California to purchase eight piCkUp trucks and two sedans on behalf of the
City of Chula Vista, pursuant to Section 14814 of the Government Code and that
James V. Espinosa, Purchasing Agent, is hereby authorized and directed to sign
and deliver all necessary requests and other documents in connection therewith
for and on behalf of the city of Chula Vista.
;/~,t:~~
L~n Christopher
Director of Finance
8704a
Bruce M. Boogaa d
City Attorney
'1d-1 / l/(j...J-
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,
"
,
Presented by
Resolution No. l6092A
Page 2
PASSEO, APPROVED, and ADOPTED by the City Counci 1 of the City of Chul a
Vista, California, this 2nd day of April, 1991 by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers: Malcolm, Moore, Nader, Rindone
Councilmembers: None
Councilmembers: None
ABSTAIN:
Councilmembers: None
~It(.~
Leonard M. Moore 1
Mayor, Pro-Tempore
ATTEST:
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. l6092A was duly passed,
approved, and adopted by the City Council held on the 2nd day of April, 1991.
Executed this 2nd day of April, 1991.
tJd -:.3
-I (Y~I
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~""'to..-::.....-...;
~............~
~- -~
ellY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
April 2, 1991
Department of General Services
State of California
P. O. Box 942804
Sacramento, Ca. 94204-0001
Re: Certificate of Compliance
Gentlemen:
I hereby declare that I am the duly appointed City Attorney of
the City of Chula Vista authorized to advise the officials of
said City on all legal matters and to perform those acts required
by Section 1895.2 of the California Administrative Code of the
State of California.
I hereby certify that the authorization of the Department of
General Services of the State of California to purchase vehicles
does not conflict with any provision of the Charter of the City
of Chula Vista.
vzt~y
laruce M. Boo
City Attorne
ur:Q
rd
BMB:lgk
7588a
lid - ~
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5037
"J .:>
;
J
." BONITA BUSINESS
~ & PROFESSIONAL ASSOCIATION
Sponsor of the Annual Bonitafest
, - '-~._-~.?'---:;--:;---=-- ,
.rOILS l~ L~ a w ~ @i
U.if lni
iuL. MAR I 81991 U I
I L_ J I
CITY COm,CIt OffiCES
CHUl~ VISTA, CA
March 6, 1991
Mayor Leonard Moore
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
Dear Len;
The Boni tafest Committee and its sponsoring organization, the Bonita
Business and Professional Association, would really appreciate reassurance
from you or the appropriate city departments as to a waiver of requirements
for business licenses for the Bonitafest activities.
Primarily the Boni tafest events involving craft and food booths along
Bonita Road will occur on Saturday, September 28, 1991, an enforcement of
requirement for business licensing of booth people would greatly deter many
of our booth people from taking part. A $25 or $50 fee charged to these
people would in many cases represent a good portion of their profit.
We would appreciate
not be required to
booth participants
sponsoring group.
a reply to this letter confirming that the booths will
obtain a license if they are legitimately registered
setting up in designated areas arranged by the
Thank you for your prompt consideration and response.
~~&d1;(UO"
BON~~ST 1991' -crJ
Mary Kay Cosmetics
421-0046
Sincerely,
>dQJI~t
'Gail Lee, Co-Chairperson
BONITAFEST 1991
Bonita Valley Floor Covering
470-0510
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WR"TT!i'!":t.," I!".') a~~!\" F'~ ~r.) 'C') If\ "i"Cl-I'\IS
,; t1 ;'!; ,~( V;'-'l'-'~, V::". . _ - ,f/i_. - "5>',(\ ~"" _: -- n L ;'1. -~\~,,-1
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POST OFFICE BOX 284 · BONITA, CA 92002 · (619) 475-2030
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MAR 2 1/99t '~i
CITY COUNCil OffiCES
CHULA VISTA. CA
RON BOllES, DIRECTOR
THE MUSIC MACHINE
THE BARON CONCERT CHOIR
(619) 421.9730
751 OTAY lAKES ROAD
CHUlA VISTA, CA. 91913
March 20,1991
Members of the City Council, Chula Vista
276 Fourth Avenue,
Chula Vista, California, 91910
Dear Sirs,
WE NEED YOUR HELP!
THE MUSIC MACHINE of Bonita Vista High School in Chula Vista, California is a well.known
award-winning singing and dancing ensemble. As indicated on their enclosed photo/resume, they
have represented their community and state in numerous national and international competitions.
FOR THE THIRD TIME IN THE PAST SIX YEARS, THEY HAVE BEEN CHOSEN
TO REPRESENT CHULA VISTA AND THE STATE OF CALIFORNIA IN A
NATIONAL INVITATIONAL SHOW CHOIR FESTIVAL SPONSORED BY
KEYNOTE ARTS ASSOCIATES IN APRIL OF I99I! ONE OF ONLY TEN CHOIRS
NATIONWIDE INVITED TO PARTICIPATE!
The group must entirely finance their travel, lodging, and festival expenses through fundraising
efforts. THEY MUST RAISE $35,000 FOR THE FESTIVAL TO BE HELD AT
DISNEYWORLD IN ORLANDO, FLORIDA!
As of today, a variety of fundraisers, donations, and parental pledges have raised approximately 90%
of this goal. Consequently, we have turned to our city for possible financial assistance. The City
Council has supported us in the past in similar extraordinary fundraising efforts. In 1983, the City
donated $2000 toward the European Festival Tour that the Music Machine participated in. In 1987, the
Council voted to give $1000 toward the Festival Tour in Washington, D.C. In donating those sums, it
was understood that the Music Machine would perform as often as possible in citywide celebrations
and events. Numerous Christmas Ireelighting ceremonies, grand openings, and other festive events
featured the Music Machine entertaining the community. We would certainly like to continue to extend
our entertainment for local events.
I'm sure you would agree that with a record of 99 awards over the past 14 year~ THE MUSIC
MACHINE REPRESENTS WHAT'S RIGHT WITH AMERICA'S YOUTH! Your
contribution can help make their dream come true! PLEASE PROVIDE WHATEVER
SUPPORT YOU CAN!
THANK YOU FOR YOUR HELP!
/~ K~'W'~.'
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CITY COUNCIL OFFICES
CHULA VISTA. CA
~:)5/2v.j/:L991
161 E. i'll, 1 Ian St.,
Chul;:::\ Vist:..::~,Ca" ,91.91kl
1't'e City CCluncil of Chula Vis'ta,
276 .Llth '{~Vt::::.
Chu,l ~;;\ '-)i S:.ita ~ [;,:a..
C;~-?n t)' fHI\i:.~n ::
I wistl to bring to your- a-tterl'tiorl a matter" regar-dirlq ttle
j,flstallatiofl of a sat'telite cJish at my ~lome at t~18 above addr'ess"
In ].983 ,1 desired to install a sattelitc dist'l.
I went to ttle Ct'\ula Vista Buildil'9 Departlnartt and ir"lqLlirslj about
getting a per(llit for- t~le irlstallation of a s8'ttelite dish~I was tolci
t.j'"I(~':.f'''C::~ ~~,IE'~I"(~ rID !"'equir'E~mer'lt'..:; and th('~\t. .iJ I:Jt.tildin(:j 1:)c:~I''''mit l!.Ja~s r'le}!.:
nE~C:E,s;.~:;al'''Y "
l'tlerefore I had a sattelite system irlstalled on ~Iay 1Li',1983 at a
cos.t of $2650~00.
It was recominended tha.t the dish be irls'talJ.~d on the r-Dof~Dr\ tIle
backside 1:ronl tt'le street~
'rhE:~t'''e+c:wE.~, t:l'''IE':' di-::.::.h ~-;l-i-.:\S inst..c:l:l :i.E~d on the f'DDf
elfl May 16,1986 I F'eceived a letter' fror'j 't~le cit4 rei~ar-ding t~"e
installatiofl of sd'ttelite dishes?C~\ula V:is'ta ~1\Jnicipal COlie Sectiofl
19.22"030.1 dr1swered ttlis let'teF' at1d StlClw8lj p~cJo'f of
j.f1stallation,prior- to May 16,1986~1'He distl was ins'tailed May 14,1983.
On August 8,1986 I rec:eiV8(j ar.\(:)t~ler letter Of} t~'le nldt'ter'.So I
went to tt,e planning depar"tjner'\t to discuss the (1Iatter~They knew
t"lothinq about tl-10 dish problem,so t~ley sent me tel 'the buildil'lq pCF'nli,i'
deparnient.The saine situation,flQ one krlew 61"lythj.rlg abolJt satellite
d i '5he~s..
Thf;'r'~~-fClI""e,., I \..'\I.::\l""lt 'Iou to qE:-~t Ct.i""i opir'liDf'i +r"[)H'I t_j-~~:9 City f.1t:.t:.Dt''"nE',:,"y"
y"eqardj,rlg t~le ap~~lic:atiQI'l o'f tt18 Ex P(~5t Facta L,aw il' ttlis n~a'tte~
My dish was ins'tal.led thr'-ee years pr'j.or- tel the oy'dirl31-lce"
E.:r'lc;J.o~::;F:d al'''E'~ c:opie~::; o-~ tl'1(:-~ +i\""'!::~t* lE'tt,:F~f" I t'"'E-~cc?iv'i.:.:.~d,c..~r-,d {::.ol. bill D'f
sale ,cor'~fir'n\inq my irls'tallatior'\ date~
VDUI'''S tl"-ulv
~tV'Vd f~
'BE,II''" rf at''" d BE"!'"' '"I e;.;~
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"";'IZAN SA7f:(L./Tf'"
PURCHASE ORDER
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TO
4503
THIS NUMBER MUST APPEAR ON
At...L INVOICES-PACKAGES. ETC.
ADDRESS
DATE
SHIP TO <:: \XA it..s 4 FOR
PlEASE NOTIFY US IMMEDIA TEl Y IF YOU ARE UNABLE TO SHIP COMPLETE ORDER BY DATE SPECIFIED.
2
3
4
DATE
REQUIREO
1FiEi5lFc:lRM1@
lH132 TERMS c../i4~ 1+
PLEASE SEND
COPIES OF YOUR INVOICE
PURCHASING AGENT
TINA LeBLANC
zoning enforcement officer
building & housing department
city of chula vista
chuJa vista, ca 92010
276 fourth avenue
(619) 691-5007
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ellY OF
CHUlA VISTA
BUILDING AND HOUSING DEPARTMENT
MR. BERNARD BERNES
161 E. MILLAN ST.
CHULA VISTA, CA 92010
MAY 27, 1986
DEAR MR. BERNES:
The City of Chu1a Vista has established an ordinance regarding the placement
of satellite dishes effective July 16, 1985.
All dishes installed after the ordinance effective date shall obtain Planning
Department approval for location. In addition, a building permit shall be obtained
and required inspections called for.
Either show written proof that your satellite dish was insla11ed prior to the
ordinance effective date or obtain a building permit within c!J() days of the date
of this letter.
If you have any questions, please feel free to contact our office at 691-5007.
~~
Zoning Enforcement Officer
"SIINNeTr
(B&H 5/19/86)
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276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 92010/(6'9) 69'-5007
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CIlY OF
CHUlA VISTA
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BUILDING AND HOUSING DE:PARTMENT
August 8. 1986
Bernard Bernes
161 East Millan Street
Chula Vista. CA 92010
You were notified by certified mail on 5/27/86 that your satellite
dish was not in conformance with the City of Chula Vista Municipal Code
Section 19.22.030.
As of this date it appears that you have taken no action to remedy this
violation. Your satellite dish must be brought into conformance or removed.
It is therefore requested that you contact this office immediately at
691-5007. Failure to notify us within 15 days will result in this matter
being referred to the City Attorney for appropriate action.
fl. I,
~g Enforcement Officer
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276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5007
Thomas A. Davis
1657 Gotham Street
Chula Vista, CA 91913
March 25, 1991
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ClTYCHCOUI ~HC/l OFFICES
UI VISTA. CA
Mayor and Members of the Chula Vista City Council
276 Forth Avenue
Chula Vista, CA 91910
Dear Mayor and City Council Members:
I am writing to you because of the installation of a
large box on the southwest corner of Gotham Street and Wayne
Avenue that is associated with a Cox Cable upgrade program.
This box, approximately five feet high, two feet wide and a
foot and a half deep, is installed about seven feet from the
point that the outside edge of the sidewalk meets the street
curbing at the corner. The box is installed on the boule-
vard, or margin, which the city controls by easements. I
feel that this box is inconsistent with the general appear-
ance of the neighborhood, constitutes a visual hazard for
pedestrians and motor traffic, and was arbitrarily installed
without and adequate effort to place it where it would not
offend the eye or the view.
In November, 1990, before the box was installed, I
happened to see and talk to the crew that was surveying
sites for the box, and was assured that it would be placed
away from the intersection and made inconspicuous with
plantings. In December, 1990, when construction began at the
corner location, I called both the city Engineering Depart-
ment and Cox Cable in an effort to have the box sited else-
where. Repeated telephone calls, and finally written corre-
spondence to the city and Cox either went unanswered or
produced only empty promises to look into the problem. After
four months of indecisiveness, evasiveness and delay the
residue of construction was finally cleaned up, two trees
were planted alongside the box, and I received letters from
Cox Cable and the City Engineer reporting that the box would
not be moved, was ruled not to be a sight hazard, and that
the matter was closed.
In spite of the minor nature of this matter, I appeal
to the City Council to cause the location of the Cox Cable
box at the southwestern corner of Gotham Street and Wayne
Avenue to be carefully reexamined. The box is unsightly in
itself, made even more so by the exposed location, and
constitutes an unnecessary obstacle to the pedestrians
(especially school children not as tall as the box) and the
large number of vehicles that pass through this intersection
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each day. All of the justification offered by Cox Cable and
the City Engineer for the location of this box has been
constructed retrospectively, has not fairly considered
alternate locations, and has never involved the views of the
home owners in the area.
Thank you for your consideration in this matter.
~relY'
~~
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March 29, 1991
File II KY-175
TO:
Honorable Mayor and City Council
John Goss, City Manager ~M~ ..J
John Lippitt, Director of Public works~~
Cox Cable Installation at Gotham street and Wayne
Avenue
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FROM:
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SUBJECT:
In the attached letter from Thomas A Davis of 1657 Gotham
Street, Mr. Davis has asked that the location of the Cox Cable
Box at the southwestern corner of Gotham street and Wayne Avenue
to be carefully re-examined.~, .
Cox Cable is constructing a major upgrade to their system. As
part of that program they are installing boxes (similar in size
and appearance to Traffic Signal Controller boxes) throughout the
City. Because of past complaints and staff concerns with the
boxes, we developed a procedure (attached) for them to follow for
installation of these boxes. A primary reason for the size and
shape of the box is that the power source from SDG&E has been
removed from the power poles, per SDG&E directive. Our goal has
been to install the boxes in the least obtrusive place, with the
input from the affected property owners. Unfortunately where
ever they are placed, they are likely to be objectionable to
someone. Although for the number of boxes installed
(approximately 80) we've received less than half a dozen ~
complaints.
In this particular instance, Cox Cable followed our process of
working with property owners in the area to select the best
location. According to Cox Cable, the original location proposed
for the installation of this box was on the north side of Gotham
between Mr. Davis' house and his next door neighbor. This is
indicated on the attached sketch. Because of the particular
layout 'of the two properties, the box would actually have been
more in front of the neighbor'S property than Mr. Davis I . Mr.
Davis objected to that location because of sight distance in
backing out of his driveway. Cox Cable then looked at alternate
sites. One of the alternate sites chosen was the location where
the box was ultimately installed. According to Cox Cable, the
proposed location was indicated to Mr. Davis prior to
installation and that he had no comment or acquiesced to the
location.
54-3
City Council
-2-
March 29, 1991
We have discussed with Cox Cable, other possible locations for
the box based on our field observations. The first location
shown on the attached map is on the east side of Wayne Avenue,
shown as Alternate A on the attached sketch. This location is a
side lot. In order to install the box at that location, Cox
Cable would have had to take the power supply from the same power
pole where it is now taken and trench across Wayne Avenue and
down to the site. The costs would have been higher due to the
trenching in the street and it also would have put a trench cut
in the street, which we always try to avoid.
The Alternate B location that we discussed with them was around
the corner on Gotham Avenue, more to the west towards otay Lakes
Road. That location was considered a possibility because it is a
side lot and would not be directly in front of someone's house on
the same side of the street. Cox Cable has indicated that it
might have been possible to install it at that location, however,
they are limited to a range of 150 feet or so from the power
source. This would have required additional trenching to bring
the power supply around the corner and down Gotham street. They
would have had to do engineering calculations to be certain that
voltage drop in the system would not be too great. Additionally,
this location would put it in full view of Mr. Davis' next door
neighbor. It would also make the same impact that Mr. Davis
experiences now except that it would not be able to be screened
from those people's view as was done on the installation. other
locations on the north side of Gotham street were also explored,
but this would give the same general problem that Mr. Davis has
of being directly in front of someone' s house and potentially
impeding the sight distance at a driveway.
Cox Cable has responded to our contacts with them as a result of
Mr. Davis' previous calls with us. They have also responded to
the property owner at 904 Wayne. That property owner indicated
that the site was left in an undesirable condition after the box
was completed. In addition, Mr. Davis indicated the box was
unsightly. As a result, Cox went out, planted two twisted Cyprus
trees between the location of the box and Mr. Davis' house so
that Mr. Davis I view was screened by the trees. They also
repaired the sprinkler system and, in fact, extended it so that
it would irrigate the two new trees. In addition, they planted
sod in the parkway to restore it to the original condition.
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March 29, 1991
Regarding Mr. Davis' concerns about sight distance and that it
constitutes an unnecessary obstacle to pedestrians, the Traffic
Engineering Section, the City Engineer and the Assistant City
Manager all have reviewed the location. We are all in
concurrence that there is no sight distance problem. The box is
back far enough from the intersection, plus the intersection is a
three way stop. The box is not located within the sidewalk, and
therefore, it is not a pedestrian hazard and is back far enough
from the actual crosswalk. Cox Cable has also indicated that
they did in fact talk to some of the neighbors, including Mr.
Davis, and have attempted to place the box with the least impact
on all parties concerned.
CLS : nm
Enclosure
(CLS1\CBLINST.DOC)
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Thomas A. Davi s
1657 Gotham Street
Chula Vista, CA 91913
March 25, 1991
Mayor and Members of the Chula Vista City Council
276 Forth Avenue
Chula Vista, CA 91910
Dear Mayor and City Council Members:
I am writing to you because of the installation of a
large box on the southwest corner of Gotham Street and Wayne
Avenue that is associated with a Cox Cable upgrade program.
This box, approximately five feet high, two feet wide and a
foot and a half deep, is installed about seven feet from the
point that the outside edge of the sidewalk meets the street
curbing at the corner. The box is installed on the boule-
vard, or margin, which the city controls by easements. I
feel that this box is inconsistent with the general appear-
ance of the neighborhood, constitutes a visual hazard for
pedestrians and motor traffic, and was arbitrarily installed
without and adequate effort to place it where it would not
offend the eye or the view.
In November, 1990, before the box was installed, I
happened to see and talk to the crew that was surveying
"sites for the box, and was "assured that it would be placed
away from the intersection and made inconspicuous with
plantings. In December, 1990, when construction began at the
corner location, I called both the city Engineering Depart-
ment and Cox Cable in an effort to have the box sited else-
where. Repeated telephone calls, and finally written corre-
spondence to the city and Cox either went unanswered or
produced only empty promises to look into the problem. After
four months of indecisiveness, evasiveness and delay the
residue of construction was finally cleaned up, two trees
were planted alongside the box, and I received letters from
Cox Cable and the City Engineer reporting that the box would
not be moved, was ruled not to be a sight hazard, and that
the matter was closed.
In spite of the minor nature of this matter, I appeal
to the City Council to cause the location of the Cox Cable
box at the southwestern corner of Gotham Street and Wayne
Avenue to be carefully reexamined. The box is unsightly in
itself, made even more so by the exposed location, and
constitutes an unnecessary obstacle to the pedestrians
(especially school children not as tall as the box) and the
large number of vehicles that pass through this intersection
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Chula Vista City Council. Page 2
each day. All of the justification offered by Cox Cable and
the City Engineer for the location of this box has been
constructed retrospectively. has not fairly considered
alternate locations. and has never involved the views of the
home owners fn the area.
Thank you for your consideration in this matter.
;;;rreny., -
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March 26, 1991
File ,,: Pl'-OOI
KY-157
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TO: John Hardesty, Permits Engineer
FROM: \r-Roberto Saucedo, Senior Civil EngineerQS~
SUBJECT: Cox Cable Cabinet at 902 Kayne Avenue
This is in response to a memo
3/19/91, regarding Mr. Thomas
subject cabinet.
Ke vere instructed to investigate the allegation that the
e.rea ~here the cabinet \....as installed, \..;as left in a
non-restcred condition, and that a sprinkler system vas
dan;nged fllld not r"epalr"ed.
from Cliff Svanson, dated
Davis' complaint about the
From a field inspection ve found out that the area has been
restored vith nev sod. Furthermore, on March 25, ve spoke
vith the property ovner of 90~ Wayne Avenue, and he
indicated that about 3 or 4 veeks ago Cox Cable, in fact.
had repaired the sprinkler system and that nev sod had been
plunted along the parkway adjacent to the pover cabinet.
If you should have any questions, please call me at 422-0206
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CHULA VISTA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
March 19, 1991
File No. PU-Q01
Mr. Thomas A. Davis
1657 Gotham Street
Chula Vista, CA 91913
POWER SUPPLY CABINET AT GOTHAM STREET AND WAYNE AVENUE
This is in reply to your letter dated 2/27/91 concerning the placement of the subject cabinet. We are
in contact with Cox Cable San Diego, the owner of the cabinet in an attempt to discern whether our
guidelines were followed prior to installing it. Previously, the City and Cox Cable had agreed that
cabinets such as this would be placed in areas which would have the least visual impact. It was
decided that the cabinets would not be placed directly in front of someone's property. In this situation,
it resulted in the cabinet being placed closer to the intersection of Gotham Street and Wayne Avenue.
Regarding the sight distance problem you mention in your letter, I have had it checked by our Traffic
Section and it was found not to be a hazard, since the intersection is now a three-way arterial stop.
I am also checking on your allegation that the area was left in a non-restored condition after the
installation was completed. If Cox has been negligent in this matter, we will have it corrected.
Cox Cable has indicated to us that the cabinets are sized to meet requirements for clearances and
regulations relating to the equipment contained in them. Consequently, they are unable to reduce the
dimensions of this cabinet.
I appreciate the time and effort you took to bring this matter to our attention since several of the
cabinets were installed without the City's knowledge of exactly how large these facilities were. We
will be in contact with you when Cox Cable responds to our inquiry.
If you have additional questions, you may contact 10hn Hardesty, Permits Engineer, at 691-5115.
RD L. SWANSON
PUBUC WORKS DIRECTOR!
CITY ENGINEER
cc: Roberto Saucedo
Cox Cable San Diego, Attn: Bill LeVeau
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276 FOURTH AVENUEICHULA VISTA, CALIFORNIA 92010/(619) 691-5021
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Thomas A. Davis
1657 Gotham Street
Chu1a Vista, CA 91913
421-6577
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February 27, 1991
Mr. Clifford L. Swanson, City Engineer
City of Chu1a Vista
P.O. Box 1087
Chu1a Vista, CA 91912
Dear Mr. Swanson:
I am writing to you at the suggestion of Mr. John
Hardisty of your department in regard to the placement of a
large cabinet (56" high, 28" wide and 23" deep) installed by
Cox Cable San Die90, Inc. on the southwest corner of Gotham
Street and Wayne Avenue. This box, and two large bushes
planted next to it, interferes with the view of the traffic
on Gotham Street by cars approaching from the south on Wayne
Avenue. This obstruction creates a potential danger for
motorists and pedestrians in spite of the stop signs at this
intersection. The box is also haphazardly installed, painted
in a 9hast1y color green and is stenciled sloppily on all
sides with large black numbers (#902), all of which makes it
an eyesore in this residential neighborhood.
The installation of this offensive, industrial looking
box began about the first of December, 1990. Amazingly, the
process of digging, trenching, constructing a foundation and
installing the box took one month. Throughout construction,
equipment was parked at the corner without obstruction
markers, making the spot a hazard for an extended period.
The construction created a huge mess of sand and dirt which
has never been completely cleaned up. The margin, where my
neighbor had planted and maintained grass, is still bare
rubble and sand which supports only a poor crop of weeds,
more than two months after construction was basically com-
pleted. A sprinkling system my neighbor installed in the
margin was broken and partially destroyed during construc-
tion and not repaired.
Shortly after Cox Cable began digging on the site of
the box I contacted the permits section of your department
to see if the City of Chu1a Vista was aware of the apparent
hazard the location of this large box presented to traffic,
and the unsightliness of the installation. A number of
telephone calls produced no information on the sight hazard
presented by this box. On February 21st I once more called
Mr. Hardisty and he mentioned that, indeed, the traffic
department had told him they didn't think there was problem
with sight distance because there are stop signs at the
51-1/
City Engineer. Page 2
intersection. He also said there was nothing that could be
done about the appearance of the box because all .specifica-
tions. of the permit Cox Cable had for the installation of
the box have been met. His advice was to write to you since
there was nothing more he could do. .
It seems to me that the city has been unresponsive to
this annoying, albeit small, problem. While I understand the
margins are city easements, this particular Cox service
upgrade box patently ignores good sense in locating it in
close proximity to an intersection, and in the general
unsatisfactory appearance of the installation. Cox Cable is
obviously keeping their costs down by using the cheapest
equipment and installation methods, but we in the neighbor-
hood have to live with the thoughtless product of penny
pinching and poor design on a daily basis.
This situation now seems about to go beyond the level
of my nagging complaints regarding this Cox Cable box. In my
telephone conversations with Cox Cable representatives I was
assured that my neighbors in the immediate vicinity of the
box had been contacted about the installation, and all
approved of the location and appearance. I have discovered
that this is not the case, and that a petition is being
drafted by a group of my neighbors for circulation in the
area and delivery to the city protesting both the location
of this Cox Cable box and its appearance. While I strongly
support the thought behind the petition, I am once more
amazed that the city seems helpless to offer assistance to
the citizens in simple matters such as this one before the
emotional feeling reaches an exaggerated level.
I am writing to you to see if there is a way to have
this box moved, as the preferred choice, or the appearance
of it improved. It seems a waste to have to resort to high
emotion and the involvement of department heads in the city
administration to work out a minor problem to grow out of
relative proportion through procrastination and inattention.
Sincerely,
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em OF
CHULA VISTA
PLANNING OEPARTMENT
February 6, 1990
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SUBJECT: ONE YEAR NOTIFICATION OF EXPIRATION OF SATELLITE DISH ANTENNAE
AMORTIZATION PERIOD
Enclosed for your information is a copy of City Ordinance 19.22.030, adopted
by City Council in 1986, which regulates the placement, size, and screening of
satellite dish antennae. This ordinance originally contained an amortization
period of three years which allowed all existing non-conforming antennae until
February 14, 1989, to be brought into compliance with the new standards.
In March of 1989, notification by mail was .sent to all affected owners noting
that the amortization period had been extended to February 14, 1991. The
intent of this letter is to give you adequate notice in advance of the extended
deadline. Your satellite dish antennae must be removed and/or relocated to
comply with the enclosed ordinance no later than the February 14, 1991 date.
If you have any questions or comments concerning the proper placement of your
satellite iish antennae, please don't hesitate to call our office at 691-5101.
~~
STEVE GRIFFIN
Associate Planner
SG:mh
Enclosure
cc: Zoning Enforcement
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01Y OF
CHULA VISTA
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PLANNING DEPARTMENT
March 6, 1989
SUBJECT: Extension of Satellite Dish Antennae Amortization Period
In 1986, the City of Chula Vista adopted an ordinance establishing
standards for the placement, size and screening of satellite dish
antennae. The ordinance also contained an amortization period which
allowed all existing non-conforming antennae to remain until
July 19, 1989, before being brought into compliance with the
standards. According to our records, a non-conforming dish is
located on your property.
Please be advised that on February 14, 1989, the Chula Vista City
Council extended the amortization period for non-conforming dishes
to February 14, 1991. This means that nothing need be done to bring
your satellite dish antennae into conformance with the present
standards until that date. The City intends to send out an additional
notice regarding compliance approximately one-year before the
amortization period expires.
If you have any questions or comments, please don't hesitate to
contact our office at 691-5101.
Steve Griffin
Associate Planner
SG:je
cc: Zoning Enforcement
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CllY OF
CHULA VISTA
BUILDING AND HOUSING DEPARTMENT
CODE ENFORCEMENT DIVISION
SUBJECT: CONFORMANCE WITH SATELLITE DISH ANTENNA REGULATIONS BY
FEBRUARY 14, 1991
SUBJECT PROPERTY:
ACTION REQUIRED:
REMOVAL, MODIFICATION OR RELOCATION OF YOUR
SATELLITE DISH
In 1986, the City of Chula Vista adopted an ordinance establishing
standards for the size, placement and screening of satellite dish
antenna. The ordinance also established an amortization period
which required all existing nonconforming antennae to be brought
into conformance with the standardsnQ~later__than February 14, 1989
(please see enclosed standards)/. JThe eity Council subsequently
extended the amortization peri9~/to February 14, 1991~
Our records indicate that the sattl1i,tedi~h-anten;~ Ll~~ated on the
property noted above was one of those found not to be in
conformance with the standards and therefore subject to the
amortization period. The owner of record was notified by mail on
March 6, 1989, that the amortization period had been extended, and
again on February 6, 1990, that the amortization period had only
one year remaining (please see enclosed correspondence).
The purpose of this letter is to again advise that the subject
satellite dish antenna must be removed, modified, relocated (and/or
legitimized by application for and receipt of a conditional use
permit in the case of roof-mounted satellite dishes in commercial
and industrial zones) in order to comply with the applicable
standards no later than February 14, 1991. Relief from the strict
application of the standards can be sought through a zone variance.
The City must make certain specified findings based on physical
circumstances unique to the property in order to grant a variance,
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276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5280
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and these mayor may not apply to your particular property. Please
contact the Planning Department at, l!91-5101 if you wish more
information on the variance process, fees ~nd procedures.
The City Code Enforcement Office will commence field inspections on
February 15, 1991. Any properties found to contain a nonconforming
dish will be issued a Notice of Violation and referred to the City
Attorney's Office for appropriate action, including potential
criminal prosecution and/or civil proceedings. If you wish to
apply for a zone variance, a completed'application form along with
the required fee and exhibits must be filed with the Planning
Department no later than 21 calendar days following the date of the
Notice of Violation.
If we can be of any assistance, please don't hesitate to call
691-5280. Any questions regarding a zone variance should be
directed to the Planning Department at 691-5101.
KENNETH G. LARSEN, C.B.O.
DIRECTOR OF BUILDING AND HOUSING
BY:
Dick B. Foster
Sr. Code Enforcement Officer
cc: City Attorney
Enclosures: Satellite Dish Antenna Standards
Letters of February 6, 1990 and
March 6, 1989
CITY OF CHULA VISTA
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CI1Y OF
CHUlA VISTA
OEPARTMENT OF PUBLIC WORKS
ENGINEERING OIVISION
June 19, 1990
File No.-PU-OOl
Mr. Bill LeVeau
Cox Cable San Diego
5159 Federal Boulevard
San Diego, CA 92105-9251
GUIDELINES FOR INSTAllATION OF POWER SUPPLY BOXES FOR CATV
UPGRADE
I appreciate the time taken by you and your colleagues on June 12 to meet with us. I feel
it was a productive meeting and that we now have a better understanding of the problems
facing both the City and Cox Cable. --
This is the follow-up letter setting guidelines as were discussed in that meeting. The
guidelines are:
1. The street as a whole should be thoroughly reviewed to choose the location
which will have the least impact on the neighborhood.
2. Permit applications submitted to the City will be accompanied by a sketch
showing proposed type and location of facilities to be installed (with
dimensions shown).
3. Box installation configuration shall be such that the narrowest side of the box
faces the street.
4. The boxes will be placed in line with the side property lines whenever
possible.
5. Notify owners of properties that will be impacted by placement of the boxes
along their frontages. In that notification include a number to call for any
questions/concerns they may have. These notifications may be by mail or
"front door knob" type.
,
5?-15
.276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 920101(619) 691-5021
.
.
Mr. Bill LeVeau
Cox Cable San Diego
-2-
June 19, 1990
6. If a problem arises from the property owner, steps will be taken to lessen the
impact:
a. Landscaping to be installed around box.
b. Locate box
next to terraced yard
with group of other utilities
next to fenced yard
to frpnt of vacant lot
to commercial area
If these guidelines are followed by your company, there is less chance of citizens calling you
and/or the City expressing their concerns.
We appreciate your cooperation in this matter, since the required size of the power supply
boxes and sheer number of them being placed throughout the City does have a lot of visual
impact.
If you wish to discuss this matter further, please give me a call.
fLlf~
John P. Lippitt
Director of Public Works
,
JH/bb
cc: John D. Goss, Qty Manager
Roberto Saucedo, Senior Civil Engineer
Permit Section
[B3\A:LEVEAU.LTR]
Sol -Iii
CITY OF CHULA VISTA
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Cll)' OF
CHULA VISTA
BUILDING AND HDUSING DEPARTMENT
CODE ENFDRCEMENT DIVISIDN
SUBJECT: CONFORMANCE WITH SATELLITE DISH ANTENNA REGULATIONS BY
FEBRUARY 14, 1991
SUBJECT PROPERTY:
ACTION REQUIRED:
REMOVAL, MODIFICATION OR RELOCATION OF YOUR
SATELLITE DISH
In 1986, the City af Chula Vista adDpted an ardinance establishing
standards far the size, placement and screening af satellite dish
antenna. The ardinance also. established an amDrtizatiDn periDd
which required all existing nancanfarming antennae to. be brDught
into. canfarmance with the standards.nQ/later--than February 14, 1989
(please see enclased standards)/' IThe eity Cauncil subsequently
extended the amartizatian peri9~/ta February 14, 1991~
Our records indicate that the satkll~Lte -di~l'fa~t-en;a L~cated an the
praperty nated abeve was ane af these feund net to. be in
canfarmance with the standards and therefere subject to. the
amertizatian peried. The awner af recerd was netified by mail en
March 6, 1989, that the amartizatien peried had been extended, and
again an February 6, 1990, that the amertizatien peried had anly
ane year remaining (please see enclased carrespendence).
The purpase af this letter is to. again advise that the subject
satellite dish antenna must be remDved, medified, relecated (and/er
legitimized by applicatian far and receipt ef a cenditienal use
permit in the case af raef-mDunted satellite dishes in cDmmercial
and industrial zenes) in arder to. cemply with the applicable
standards no. later than February 14, 1991. Relief fram the strict
applicatian af the standards can be seught threugh a zene variance.
The City must make certain specified findings based en physical
circumstances unique to. the preperty in arder to. grant a variance,
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5280
\
-2-
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and these mayor may not apply to your particular property. Please
contact the Planning Department at, '691-5101 if you wish more
information on the variance process, fees ,~nd procedures.
The City Code Enforcement Office will commence field inspections on
February 15, 1991. Any properties found to contain a nonconforming
dish will be issued a Notice of Violation and referred to the City
Attorney's Office for appropriate action, inclUding potential
criminal prosecution and/or civil proceedings. If you wish to
apply for a zone variance, a completed application form along with
the required fee and exhibits must be filed with the Planning
Department no later than 21 calendar days following the date of the
Notice of Violation.
If we can be of any assistance, please don't hesitate to call
691-5280. Any questions regarding a zone variance should be
directed to the Planning Department at 691-5101.
KENNETH G. LARSEN, C.B.O.
DIRECTOR OF BUILDING AND HOUSING
BY:
Dick B. Foster
Sr. Code Enforcement Officer
cc: City Attorney
Enclosures: Satellite Dish Antenna Standards
Letters of February 6, 1990 and
March 6, 1989
CITY OF CHIJLA VISTA
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CHULA VISfA
PLANNING OEPARTMENT
Februa ry 6, 1990
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SUBJECT: ONE YEAR NOTIFICATION OF EXPIRATION OF SATELLITE DISH ANTENNAE
AMORTIZATION PERIOD
Enclosed for your information is a copy of City Ordinance 19.22.030, adopted
by City Council in 1986, which regulates the placement, size, and screening of
satellite dish antennae. This ordinance originally contained an amortization
periOd of three years which allowed all existing non-conforming antennae until
February 14, 1989, to be brought into compliance with the new standards.
In March of 1989, notification by mail was .sent to all affected owners noting
that the amortization period had been extended to February 14, 1991. The
intent of this letter is to give you adequate notice in advance of the extended
deadline. Your satellite dish antennae must be removed and/or relocated to
comply with the enclosed ordinance no later than the February 14, 1991 date.
If you have any questions or comments concerning the proper placement of your
satellite iish antennae, please don't hesitate to call our office at 691-5101.
~.~
STEVE GRIFFIN
Associate Planner
SG:mh
Enclosure
cc: Zoning Enforcement
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01Y OF
CHUlA VISTA
PLANNING DEPARTMENT
Ma rch 6, 1989
SUBJECT: Extension of Satellite Dish Antennae Amortization Period
In 1986, the City of Chula Vista adopted an ordinance establishing
standards for the placement, size and screening of satellite dish
antennae. The ordinance also contained an amortization period which
allowed all existing non-conforming antennae to remain until
July 19, 1989, before being brought into compliance with the
standards. According to our records, a non-conforming dish is
located on your property.
Please be advised that on February 14, 1989, the Chula Vista City
Council extended the amortization period for non-conforming dishes
to Februarr 14, 1991. This means that nothing need be done to bring
your satel ite dish antennae into conformance with the present
standards until that date. The City intends to send out an additional
notice regarding compliance approximately one-year before the
amortization period expires.
If you have any questions or comments. please don't hesitate to
contact our office at 691-5101.
Steve Griffin
Associate Planner
SG;je
cc: Zoning Enforcement
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COUNCIL AGENDA STATEMENT
Item lD
ITEM TITLE:
Meeting Date 4/2/91
Emergency Ordinance 2" Zoning Text Amendment PCA-91-5
to establish Water Distribution Facilities as Unclassified
Uses subject to 1 ocat ion in any zone upon the issuance of a
"".t1,," ",. ,,",~y "iti.t.,
Director of Plannin9'~~
City Manage~ (4/5ths Vote: Yes-X-No___>
On March 19, 1991, the City Council di rected staff to prepare an emergency
ordinance which would amend the Zoning Ordinance to allow for the
consideration of private water distribution facilities in any zone subject to
the review and approval of a conditional use permit. This action was prompted
by a request from Mr. Roy Muraoka to sell and distribute private well water
from a site within the SDG&E right-of-way at the northeast corner of Second
and Orange Avenues. The site is directly adjoining Mr. Muraoka's Palace
Gardens Mobile Home Park which contains a well capable of producing 100,000
gallons of water per day.
SUBMITTED BY:
REVIEWED BY:
The proposal is exempt from environmental review under Section 15269(c) of the
CEQA Guidelines as a specific, temporary action necessary to prevent or
mitigate an emergency.
RECOMMENDATION: That Council adopt the emergency ordinance.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The San Diego County Water Authority has declared a water shortage emergency,
and has mandated certain measures and restrictions designed to decrease the
use of water by 50 percent below 1989-90 levels. These measures and
restrictions are scheduled to take effect on April 1, 1991. The distribution
of private well water under appropriate circumstances would supplement the
public supply during the current water crises.
The Code presently limits distribution facilities to the "I" General
Industrial zone. The emergency ordinance would place "Water Distribution
Facilities" under the Unclassified Uses section (CVMC 19.54), which would
provide for their location in any zone subject to review and approval of a
conditional use permit. The conditional use permit process provides for
notice to surrounding property owners, and allows conditions to be placed on a
project which would address activity levels, the duration of the use, and/or
periodic review.
If the Council chooses to adopt the ordinance, then Mr. Muraoka could file a
conditional use permit which would be processed by the Zoning Administrator to
consider authorizing the use on a temporary basis, based on specific
~-t
Page 2, Item (p
Meeting Date 4/2/91
conditions and analysis. Processing a project in this manner would allow for
a very timely response. We think in order for this to work, the level of
activity would have to be monitored and/or conditioned so that a 1 imited
number of vehicles are entering and leaving the proposed site for the
distribution of wholesale water. If through our analysis of the project site
it is determined that all concerns of the various City departments as well as
interest of adjacent residents can be addressed, we would expect a specific
timeframe to be place don any approval with periodic reviews. Mr. Muraoka has
indicated that it is his intent to operate this only as a temporary solution,
since it would be uneconomical for him to operate on a day-to-day basis
without the water emergency.
The ordinance contains a sunset clause which renders it void when and if the
water emergency falls below the current Stage VI level as determined by the
Metropol itan Water District. This has been done so that the ordinance is
exempt from environmental review and thus can be implemented immediately. If
the ordinance was not temporary, it would require from 90-120 days to complete
environmental review before it could be implemented.
If Council so directed, staff could initiate a permanent amendment to the Code
for water distribution facilities.
FISCAL IMPACT: Not applicable.
WPC 9096P
"..7-.
ORDINANCE NO. 2Y4~
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 19.54.020, AND ADDING SECTIONS 19.58.360,
19.58.420 TO THE CHULA VISTA MUNICIPAL CODE
RELATING TO WATER DISTRIBUTION FACILITIES, AND
DECLARING THE URGENCY THEREOF
WHEREAS, unprecedented weather condi tions have resulted
in four consecutive years of below normal precipitation and
run-off result in in a severe drought; and
WHEREAS, the Metropolitan Water District which serves
the Chula Vista area, determined as of March 4, 1991, that Stage
VI of its Incremental Interruption and Conservation Plan shall
become effective on April 1, 1991; and
WHEREAS, on March 14, 1991, the San Diego County Water
Authority declared that a Water Shortage Emergency Condition
exists in its service area, including Chula Vista; and
WHEREAS, a private well exists adjacent to Second and
Orange Avenues in Chula Vista which cannot sell available water
under current zoning; and
WHEREAS, temporary authorization to sell such water is
exempt from environmental review under CEQA Guidelines Section
l5269{c).
NOW, THEREFORE, the City Council of the City of Chula
Vista does hereby ordain:
SECTION I: Section 19.54.020 of the Chula Vista
Municipal Code is amended to read:
Sec. 19.54.020 Designated-Limitations and standards.
The following uses may be considered for location in any zone,
subject to the provisions set forth herein, and additional
conditions set forth in Chapter 19.58 (references indicated for
uses) :
A. Borrow pits and quarries for rock, sand and gravel;
B. campgrounds: See section 19.58.040;
C. Cemeteries: See Section 19.58.080;
D. Colleges, universities, private schools,
secondary public schools;
elementary and
E.
Columbariums, crematoriums and mausoleums,
these uses are specifically excluded from all
inside of a cemetery: See section 19.58.080;
provided that
R zones unless
-1-
(,-3
F. Churches: See Section 19.58.110;
G. Dumps, public or private;
H. Hospitals, including, but not limited to, emergency, general,
convalescent, rest homes, nursing homes (for the aged,
crippled, mentally retarded of all ages), psychiatric, etc.:
See Section 19.58.110. Further, that approval shall not be
granted until the following findings can be made (homes for
mentally retarded children):
1. The size of the parcel to be used shall provide adequate
light and air in proportion to the number of residents.
2. The location of windows and open play areas shall be so
situated as to not adversely impact adjoining uses.
3.
Spacing between these facilities shall
character of the neighborhood is not
grouping of these homes;
be such that the
affected by the
I. Mortuaries: See section 19.58.080;
J. Establishments or enterprises involving large assemblages of
people or automobiles, as follows, provided that these uses
shall be deemed to be generally undesirable in the R zones:
1. Airports and heliports: See Section 19.58.180,
2. Amusement parks and amusement enterprises: See Section
19.58.040,
3. Arenas: See Section 19.58.040,
4. Fairgrounds: See Section 19.58.040,
5. Museums,
6. Open ai r theater s, except dr i ve-in thea te r s: See
Section 19.58.120B,
7. Race tracks and rodeos: See Section 19.58.040,
8. Recreational centers, commercially operated: See
Section 19.58.040,
9. Stadiums,
10. Shooting clubs: See Section 19.58.200,
11. Ambulance service (excluded from all residential zones
unless located within a hospital complex);
K. Golf courses: See Section 19.58.090;
L. Passenger stations for rail or bus travel;
M. Public and quasi-public uses;
N. Radio or television transmitters;
O. Trailers (commercial coaches): See Section 19.58.330;
lo-~ -2-
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MURAOKA ENTERPRISE INC.
RECEIVED
1425 SECOND AVENUE
CHULA VISTA, CALIFORNIA
92011
(619) 422-0272
'91 ftAR -8 P357
CITY OF ~"", A V'-"'>
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CITY CLERK'S orFl(;[
HOUSING IS OUR BUSINESS
Chula Vista City Council
276 Fourth Avenue
Chula Vista, California 91910
March 8, 1991
To the Members of the Chula Vista City Council,
As the water shortage continues to worsen, the need for alternative sources of water becomes even
more important. Muraoka Enterprise Inc. proposes to put together a project that will help lessen
the water problem in the South Bay area. An outline of the project is included with this letter.
In speaking with Chula Vista's planning staff, it has come to our attention that a property vital to
the projects success cannot be used because of current city zoning. The general plan of the project
is to use the property, located at northeast comer of Second and Orange, as a point for loading
water trucks. The R zoning, according to the planning staff, does not permit such a use. In order to
get this project off the ground in a timely manner, Muraoka Enterprise would like to ask the city
council to grant an emergency ordinance for a right of use permit for this proposed project.
Sincerely, .
(~)~~~~
Roy ~uraoka
Chief Executive Officer
Muraoka Enterprises Incorporated
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Proposed project:
Muraoka Enterprises proposes to build a water distribution point where it can sell and distribute
nonpotable water.
General Outline:
Muraoka Enterprise Inc. currently owns and operates a underground well that can produce
approximately 90 gallons of water a minute. This well is then pumped through a 6 inch transit pipe
into a 100,000 gallon storage reservoir. The approximate fill time is about 24 hours. Presently the
the reservoir is located at the south side of Palace Gardens Mobile Home Park for irrigation
purposes and is not being used to its full capacity.
The general plan of the project is to connect another outgoing pipe from the storage reservoir and
run it to the adjacent San Diego Gas and Electric property where water tank trucks can be brought
in and filled. It is important to note that the San Diego Gas and Electric property is adjacent to
Palace Gardens Mobile Home Park and is vital to the success of this project. Any other location
would add time and extensive modifications to this much needed project.
The majority of the water from the project will mainly be distributed to the various contractors and
gardeners so it may be used for soil compaction and irrigation purposes. The water could also be
used for pool maintenance. By providing another source of water for the community, Muraoka
Enterprises hopes that it can alleviate some of the burden placed on local water companies.
The project proposed by Muraoka Enterprises is only a temporary solution to a larger problem.
The project will continue until other sources of water make it uneconomical for Muraoka Enterprise
to operate or until the natural resources get back in balance.
In connection with this project, Muraoka Enterprise has been given the go ahead from Sweetwater
Authority, County Health Department, and San Diego Gas and Electric. The project also received
positive outlook from a representative ofMcMillIin Development.
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P. Senior housing developments: See Section 19.58.390.
Q. Recreational vehicle storage yards: See section 19.58.400.
R. Offsite advertising signs: See section 19.58.225.
S. Water Distribution Facilities: See section 19.58.420.
Conditional use permit applications for the uses listed in
this section except campgrounds, recreational vehicle storage
yards, churches, amusement arcades and centers, trailers
(commercial coaches), water distribution facilities and borrow
pits of not more than two acres, shall be considered by the city
council subsequent to its receipt of recommendations thereon from
the planning commission.
SECTION III: Section 19.58.420 is added to the Chula
Vista Municipal Code to read:
Sec. 19.58.420 Water Distribution Facilities.
Water Distribution Facili ties shall be limited by permit in
their scope of activities and operations to a level commensurate
with the nature and character of the surrounding area. Permits
shall be further limited to a duration of six (6) months, subject
to zoning administrator extension of not to exceed one (1)
additional year, in six (6) month increments, as necessary to
meet a continuing water state of emergency. Permits shall be
expressly conditioned to expire automatically upon the effective
date that the Metropolitan Water District declares the drought
severity falls below Stage VI of its Incremental Interruption and
Conservation Plan.
SECTION IV: Effective Date; urgency.
If approved by a four-fifth's majority, this ordinance shall
become effective immediately upon adoption as an urgency
ordinance. Pursuant to Charter Section 311, the reasons for the
urgency are: The Metropolitan Water District has ordered
substantially reduced water deliver ies to areas including Chula
vista effective April I, 1991. The san Diego County Water
Authority has declared a Water Shortage Emergency Condition.
Private water sources may be available to alleviate the drought
condi tions by sale pur suan t to a condi tional use permit. Such
permits may not be considered or granted unless this ordinance
becomes effective immediately.
Presented by
Approved as to form by
Robert A. Leiter, Director of
Planning
8685a
(.-fi 1,-/0
COUNCIL AGENDA SfATEMENT
ITEM: 711+&
MEETING DATE: 4/02191
ITEM TITLE: Resolution: /4-IDtAmending the FY 90-91 Budget and Resolutions
15823 and 15824 to Create the Position of Revenue Manager in the
Finance Department, Placing the Position in Salary Band E-2 of
Executive Management, and Appropriating Funds Therefor.
ordinance~IIS'DAmending Section 2.05.010 of the Municipal Code to
Establish the Revenue Manager Position in the Unclassified Service.
SUBMITTED BY: City Manager V' (4/5ths Vote: Yes.llNo_)
As part of his FY 1991-92 budget request, the Finance Director has proposed the
establishment of a Revenue Manager position in the Finance Department. After reviewing
the expected financial benefits of this position and the prospect of an extremely tight
budget for 1991-92, it is recommended that the position be established prior to the start
of the fiscal year.
As discussed below, the primary focus of the Revenue Manager position will be to help
ensure that: (1) the City receives appropriate reimbursements for staff services provided
to Sewer, Transit, Redevelopment Agency and other non-General Fund operations; (2) the
value of staff services provided on development-related projects are appropriately
reimbursed to the General Fund; (3) City fees are up to date and new fees are developed
as appropriate; and (4) the City's business license and other taxes are properly enforced.
As Council stated in its January goal setting meeting, improving and maintaining the fiscal
soundness of the City is an overriding goal, one which will enable the City to meet other
service-related goals. The proposed Revenue Manager position is expected to significantly
enhance reimbursements and revenue to the General Fund. As such, I believe that the
position should be created and filled as soon as possible, so that additional General Fund
revenues and reimbursements can be identified during the FY 91-92 budget process,
especially since the budget process is likely to be prolonged, waiting to find out what
actions the state may take that would affect our budget. As detailed in the fiscal impact
section, all costs associated with the Revenue Manager position will be reimbursed from
non-General Fund sources and. as such. there will be no net General Fund cost. In
summary, in my opinion this position will improve the City's bottom line financial
condition and we cannot afford not to establish it.
RECOMMENDATION: That Council: (1) Adopt the resolution creating the Revenue
Manager position and appropriating the necessary funds, and (2) Place on first reading the
ordinance adding the position to the unclassified service.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
1. I
PAGE 2, ITEM: 7A...J
MEETING DATE: 4/02/91
DISCUSSION:
Over the past several years, the City has taken a number of steps both to enhance our
General Fund revenues and to minimize our city expenditures. Given the State of
California's projected major deficit and its potential ramifications on cities like Chula Vista
and given the City's already tight budget situation, we will need to further refine and
expand our use of alternative revenue sources in the future. Staff is already, however,
running behind in establishing and maintaining proper reimbursement procedures and tax
enforcement efforts for the revenue enhancement measures that have previously been
approved. In order to ensure proper administration and receipt of General Fund revenue
as well as to help identify other potential revenue opportunities for FY 1991-92 and
beyond, staff is recommending the establishment of a Revenue Manager position in the
Finance Department.
The Revenue Manager position will coordinate closely with and complement the work of
the Budget Manager and Budget staff as well as the Finance Director and Finance staff.
During the budget process, the Budget staff focus on the expenditure side of City
operations, ensuring that proposed expenditures are well justified. They also identify and
review revenue proposals, but that is not their primary emphasis. The Revenue Manager
will focus almost entirely on the revenue side of the equation, ensuring that appropriate
reimbursements are made to the General Fund and that appropriate revenues are received
from the correct application of fees and taxes. Together, the Budget Manager and Revenue
Manager will work to see that the expenditures associated with providing City services are
minimized and that appropriate General Fund revenues are realized to finance these
operations.
The Revenue Manager will principally focus on the following areas:
1. REIMBURSEMENTS: NON-GENERAL FUND OPERATIONS
The Revenue Manager will work with operating departments and Budget staff in identifying
appropriate funding sources for City projects and staff reimbursements during the City's
annual budget process. Throughout the fiscal year, the Revenue Manager will coordinate
with appropriate City staff to ensure that the proper reimbursement procedures and project
accounting systems are established and followed, and will more closely monitor
reimbursements to the General Fund from Sewer, Transit, Redevelopment Agency and
other non-General Fund operations. The Revenue Manager will also review existing City
operations to identify any additional activities that may be eligible for non-General Fund
reimbursements.
,.2
PAGE 3, ITEM: jA.,. A
MEETING DATE: 4/02/91
EXAMPLE: Up until FY 89-90, the General Fund had been paying for the full cost
of the City's concrete repair operations. More detailed analysis showed that a
substantial portion of the concrete workload was generated by sewer repairs.
Subsequently, internal systems were developed to track this portion of the Concrete
Section's workload so that this staff time could be properly reimbursed by the Sewer
Fund. This resulted in a one-time reimbursement to the General Fund of $200,000
and on-going reimbursements of $50,000. It's anticipated that similar corrections
will be made in other areas, given the special focus envisioned for the Revenue
Manager position.
2. REIMBURSEMENTS: NEW DEVELOPMENT
The Revenue Manager will coordinate with Budget staff and operating departments in
making sure that "new development pays for itself' by ensuring that staff services provided
for development-related projects are appropriately reimbursed to the General Fund.
EXAMPLE: The revised Public Facilities Development Impact Fee (DIF) became
effective on March 15, 1991. The DIF allocates $2,867,000 to reimburse the
General Fund for administrative services provided in conjunction with the various
DIF projects (e.g. expansion of the civic center, the remodeling of the police station,
the building of new fire and library facilities, etc). To ensure that these
reimbursements are attained and that new development does indeed pay for itself,
the Revenue Manager will train department staff on eligible DIF projects, determine
the appropriate full cost recovery factors to be used, coordinate reimbursement
procedures, and monitor the subsequent collection of these revenues. The Revenue
Manager will also help identify new projects to be evaluated for possible inclusion
in the Public Facilities DIF.
3. REVENUES: EXISTING FEES AND TAXES
The Revenue Manager will insure that the City's business license tax is properly enforced
and coordinate audits of sales tax revenues, utility users tax revenues, transient occupancy
tax revenues, and franchise fees. In addition, the Revenue Manager will coordinate with
Budget staff and operating departments in annually updating existing service fees.
EXAMPLE: In supporting the City's increase in the business license tax, the
Chamber of Commerce voiced their concern that appropriate enforcement measures
be applied to assure widespread compliance. The Revenue Manager will develop
monitoring and enforcement systems to meet this objective.
l..d
PAGE 4, ITEM:
MEETING DATE: 4/02/91
4. REVENUES: NEW FEES AND GRANTS
All Departments are responsible for identifying and suggesting new revenue sources. The
Revenue Manager will provide research and analysis to help identify and develop new
revenue sources, including new service fees, grants, etc.
EXAMPLE: The Revenue Manager will work with Fire department staff to
recommend appropriate fees for various fire prevention services, such as special
permits for high-risk businesses and plan check fees to ensure adequate fire flow and
compliance with threshhold standards.
5. GENERAL
In addition to the above major subject areas, the Revenue Manager may be assigned
supervisory responsibility for four staff members making up the Collections Unit within the
Finance Department. Other duties will include:
1. Providing City management with detailed forecasts of individual revenue
accounts for budgeting purposes.
2. Assisting City management in analyzing the potential economic and fiscal
impacts associated with proposed national, state and local legislation.
3. Revising the City's basic full cost recovery (FCR) methodology and
developing separate FCR formulas for different funding sources as
appropriate to maximize revenues, and updating the FCR formulas annually.
4. Coordinating with lead staff in all departments who are responsible for
implementing project accounting systems.
FISCAL IMPACf:
It is proposed that the Revenue Manager position be an unclassified position in Executive
Management and placed in the E-2 salary band ($50,160 - 75,600). This is similar to the
classification of the Budget Manager.
Annual salary costs would be about $62,000 and associated benefits $18,800, thus totaling
about $80,800 in salary and benefit costs. The Revenue Manager's time would be
reimbursed from the applicable non-General Fund sources at full cost recovery rates. As
such, the llosition will have no net General Fund cost. It is estimated that 50-75% of the
position's cost will be directly reimbursed by the Public Facilities and Street Development
Impact Funds, with additional funding from Sewer Funds and capital project funds.
,...1/
PAGE 5, ITEM:~
MEETING DATE: 4/02191
It is staffs intention to fast track the recruitment for this position. The prorated FY 90-91
costs would be about $10,000 in salary and benefits plus one-time start-up capital costs
of $4,800 (computer and office furniture). All of these costs will be reimbursed to the
General Fund.
Staff believes that there are good candidates for the Revenue Manager position currently
employed by the City and it is therefore staffs intent to recruit for the position internally.
Thus, the position will likely be filled by an employee whose current salary and benefits
are paid at least partially by the General Fund. Since it would take some time to recruit
and hire someone to backfill their former position, it's projected that there will actually be
a General Fund savings this year.
C:\REVMGR
(,S /7-b
Attachment 2
Reso. No. 15824
EXECUTIVE AND MIDDLE MANAGEMENT
Fringe Benefit Compensation
I. Executive Group
A. Membership
City Manager*
City Attorney*
City Clerk*
Assistant City Attorney*
Assistant City Attorney/Chief Litigator*
Assistant City Manager
Assistant to the City Manager*
Budget Manager*
Chief of Police**
Deputy City Manager*
Deputy Director of Engineering*
Deputy Director of Public Works Operations*
Director of Building & Housing*
Director of Community Development*
Director of Finance*
Director of Management Services*
Director of Parks & Recreation*
Director of Personnel*
Director of Planning*
Director of Public Works*
Executive Director, Nature Interpretive Center*
Fire Chief*
Library Director*
Revenue Manager*
B. Fringe Benefits
1) Deferred Compensation Plans -
a. Employees in the Executive Group may participate in the City's
approved deferred compensation plans.
b. In accordance with Resolution No. 12647 adopted on 8/5/86,
employees in the Executive Group may have the option of applying
their normal contribution to the Public Employees Retirement
System as "deferred compensation" which is not subject to tax
until withdrawal.
c. There will be a cap of 25% of the adjusted flex plan balance which
may be used for deferred compensation, provided the employee has
contributed a like amount during the fiscal year.
.
* City pays 7% of employee contribution to Public Employees Retirement System.
**City pays 2% of employee contribution to Public Employees Retirement System.
"1-\\
EXECUTIVE SALARY SCHEDULE
PROPOSED
9/4/90
ATTACHMENT B
Resolution 15823
Executive Salary Band
Minimum Limit
Max imum Limit
E-5
$5,620/month
$67,440/year
$8,030/month
$96,360/year
Assiyned Positions:
Assistant City Manager
Assistant City Attorney
Chief of Pol ice
Deputy City Manager
Director of Public Works
E-4
$5,140/month
$61,680/year
$7,400/month
$88,800/year
Assigned Positions:
Director of Community Development
Director of Finance
Director of Parks and Recreation
Director of Planning
Fire Chief
Li bra ry Di rec tor
E-3
$4,660/month
$55,920/year
$6,750/month
$81,OOO/year
Assigned Positions:
Assistant to the City Manager
Director of Building and Housing
Director of Management Services
Director of Personnel
Deputy Director of Public Works
City Engineer
Executive Director, Nature Interpretive Center
E-2 $4,180/month $6,300/month
Budget Manager $50,160/year $75,600/year
Revenue Manager
E-l $3,lOO/month $5,470/month
$44,400/year $65,640/ year ,
-&.3
"7- 12.
COUNCIL AGENDA STATEMENT
ITEM
~
MEETING DATE
APRIL 2. 1991
ITEM TITLE: RESOLUTION Il.lb! Amending the Executive and Middle Management
Fringe Benefit Compensation Resolution #15824 and the Salary
Band Resolution #15823 for Executive Management Personnel for
FY 1990/91.
SUBMITTED BY: CITY MANAGER g (4/5th Vote: Yes_ NO_XJ
Currently the Executive Management group includes, in addition to the department
heads, the non-department head positions of Assistant City Attorney, Assistant
Ci ty Attorney/Chi ef Li ti gator, Deputy Di rector of Publ i c Works/Operati ons, Deputy
Di rector of Pub 1 i c Works/City Engi neer, Executi ve Di rector of the Nature
Interpretive Center and Budget Manager. The seven assistant department heads in
the City function in much the same way as these Executives and therefore have
become an integral part of the City's Executive Management team. Additionally,
they have historically and appropriately been tied in salary and group to the
Budget Manager.
RECOMMENDATION: Effective AprilS, 1991, delete the following classifications
from the Middle Management membership of the Executive and Middle Management
Fri nge Benefit Compensati on Pl an and i ncl ude them in the Executi ve Group
membership. Amend the Salary Bands for Executive Management personnel for FY
1990/91 by including the following classifications in salary band E2: Assistant
Director of Finance, Assistant Director of Building and Housing, Assistant
Di rector of Pl anni ng, Assi stant Li brary Di rector, Assi stant Di rector of Community
Development, Assistant Director of Management Services and Assistant Director of
Personnel.
BOARDS AND COMMISSIONS RECOMMENDATIONS: None
DISCUSSION: The seven Assistant Director classifications are currently a unique
subgroup of the Middle Management group. Because of their "second in command"
position in their departments they have a higher level of responsibility and
authority than other Middle Managers. In addition to supervision of the daily
operations of their departments these Middle Managers assist in implementation
of policy and represent Department Heads on numerous occasions. With the
increase in number of issues and problems addressed by a City our size and the
requisite staff support at the higher levels, the Assistant Directors are
frequently called upon to represent the Directors of their Departments with other
agencies, the Deputy City Managers and Assistant City Manager and Attorneys in
a broad range of forums and the Personnel Di rector on sensi ti ve personnel issues.
As a result they have become a key part of the City's Executive Management team.
~ -(
ITEM
f
MEETING DATE
APRIL 2. 1991
As previously mentioned, the Assistant Directors have been linked to the Budget
Manager. The recent movement of the Budget Manager to the Executive Group has
created an internal equity issue; the resolution being restored parity between
the Budget Manager and Assistant Directors.
Actually, moving the Assistant Directors to the same level as the Budget Manager
would have been recommended at that time except there was a need to first review
this proposal with the Assistant Directors. Also, it was important not to delay
the hiring of the Budget Manager given the fact that the budget review process
was beginning.
The proposed move of these cl asses to Executi ve Management wi 11 provi de increased
flexibility in setting salaries and improvement in benefits, a definite plus in
recruiting and retaining personnel for these critical positions. The immediate
fiscal impact provides for an increase in salaries to the level of Budget Manager
(Assistant Director of Community Development is already at that level; Assistant
Director of Planning is 1.6% below and all others are 5.96% below). There will
also be minimal changes in fringe benefits related to the move.
FISCAL IMPACT:
is $11,280.00
Total fiscal impact for the remainder of fiscal year 1990/91
A113\MIDEXEC.A13
\#,2.
RESOLUTION NO. 1"'03
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING RESOLUTIONS 15823 AND
15824 FOR EXECUTIVE AND MIDDLE MANAGEMENT
FRINGE BENEFIT COMPENSATION AND SALARY BANDS
FOR EXECUTIVE MANAGEMENT PERSONNEL FOR FY
1990/91
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, currently the Executive Management group
includes, in addition to the department heads, the non-department
head positions of Assistant City Attorney, Assistant City
Attorney/Chief Litigator, Deputy Director of Public
Works/Operations, Deputy Director of Public works/City Engineer,
Executive Director of the Nature Interpretive Center and Budget
Manager; and
WHEREAS, the seven assistant department heads in the
City function in much the same way as these Executives and
therefore have become an integral part of the City's Executive
Management team; and
WHEREAS, additionally, they have historically and
appropriately been tied in salary and group to the Budget Manager.
NOW, THEREFORE, BE IT RESOLVED by the Ci ty Council of
the City of Chula vista effective April 5, 1991, the following
classifications are deleted from the Middle Management membership
of the Executive and Middle Management Fringe Benefit
Compensation Plan and included in the Executive Group as shown in
Attachment 2 to Resolution No. 15824:
Assistant Director of Finance
Assistant Director of Building and Housing
Assistant Director of Planning
Assistant Library Director
Assistant Director of Community Development
Assistant Director of Management Services
Assistant Director of Personnel
BE IT FURTHER RESOLVED that
be placed in the E-2 Salary Bands
Personnel for FY 1990/91 as shown in
No. 15823.
said classifications shall
for Executive Management
Attachment B to Resolution
John Goss, City Manager
8672a
Approved as to form by
/?~ Ih. ~
Bruce M. BOOga~d, C:ty Attorney
Presented by
g'.3/8 -If
Attachment 2
Resolution 15824
EXECUTIVE AND MIDDLE MANAGEMENT
Fringe Benefit Compensation
I. Executive Group
A. Membership
City Manager*
City Attorney*
City C1erk*
Assistant City Attorney*
Assistant City Attorney/Chief Litigator*
Assistant City Manager
Assistant to the City Manager*
Assistant Director of Building & Housing*
Assistant Director of Community Deve10pment*
Assistant Director of Finance*
Assistant Director of Management Services*
Assistant Director of Personne1*
Assistant Director of P1anning*
Assistant Library Director*
Budget Manager*
Chief of Po1ice**
Deputy City Manager*
Deputy Director of Engineering*
Deputy Director of Public Works Operations*
Director of Building & Housing*
Director of Community Deve10pment*
Director of Finance*
Director of Management Services*
Director of Parks & Recreation*
Director of Personne1*
Director of P1anning*
Director of Public Works*
Executive Director, Nature Interpretive Center*
Fire Chief*
Library Director*
B. Fringe Benefits
1) Deferred Compensation Plans -
a. Employees in the Executive Group may participate in the City's
approved deferred compensation plans.
b. In accordance with Resolution No. 12647 adopted on 8/5/86,
employees in the Executive Group may have the option of applying
their normal contribution to the Public Employees Retirement
System as "deferred compensation" which is not subject to tax
until withdrawal.
c. There will be a cap of 25% of the adjusted flex plan balance which
may be used for deferred compensation, provided the employee has
contributed a like amount during the fiscal year.
* City pays 7% of employee contribution to Public Employees Retirement System.
**City pays 2% of employee contribution to Public Employees Retirement System.
'i~5
MIDDLE MANAGEMENT GROUP
A. Membership
Assistant Fire Chief
Assistant Transit Coordinator
Battalion Chief
Building Maintenance Superintendent
Business Office Manager
Communications Systems Manager
Computer Operations Manager
Deputy City Attorney
Deputy City Clerk
Development Projects Manager
Environmental Review Coordinator
Equipment Maintenance Superintendent
Fire Marshal
Geographic Information Systems Manager
Housing Coordinator
landscape Architect
library Automation Manager
Microcomputer Specialist
Open Space Coordinator
Park Superintendent
Police Captain
Principal librarian
Principal Management Analyst
Principal Management Assistant
Principal Personnel Analyst
Principal Planner
Principal Community Development Specialist
Public Information Coordinator
Public Works Maintenance Superintendent
Purchasing Agent*
Recreation Superintendent
Redevelopment Coordinator
Risk Manager
Senior Accountant
Senior Animal Control Officer
Senior Civil Engineer
Senior Community Development Specialist
Senior Crime Analyst
Senior librarian
Senior Management Assistant
*Incumbent receives executive management fringe benefits.
v-'
! \
~
EXECUTIVE SALARY SCHEDULE
Executive Salary Band
Minimum Limit
E-5
$5,620/month
$67,440/year
Assigned Positions:
Assistant City Manager
Assistant City Attorney
Chief of Police
Deputy City Manager
Director of Public Works
PROPOSED
9/4/90
ATTACHMENT B
Resolution 15823
Maximum Limit
$8,030/month
$96,360/year
E-4
$5,140/month
$61,680jyear
Assigned Positions:
Director of Community Development
Director of Finance
Director of Parks and Recreation
Director of Planning
Fire Chief
Library Director
$7,400/month
$88,800/year
E-3
$4,660/month
$55,920/year
Assigned Positions:
Assistant to the City Manager
Director of Building and Housing
Director of Management Services
Director of Personnel
Deputy Director of Public Works
City Engineer
Executive Director, Nature Interpretive Center
$6,750/month
$8I,OOO/year
Budget Manager
E-2 Asst. Dir. Bldg & Hsg $4,180/month $6,300/month
Assl:. Dir. Comm. Dev. $50,160/year $75,600/year
Asst. Dir. Finance, Asst. Library Director
Asst. Dir. Mgmt. Serv., Asst. Dir. Personnel, Asst. Dir. Planning
E-l
$3,700/month
$44,400/year
$5,470/month
$65.6401year
& a
~-"1
COUNCIL AGENDA STATEMENT
Item Number
Meeting Date
i
4-2-91
Resolution No. I~/O" - Approving the Three-Party
Agreement for Otay Ranch Development Processing between the
City of Chula Vista, Robert Bein, Williams Frost and
Associates and Baldwin Vista Associates, L.P. and Authorizing
the Mayor to Execute Said Agreement
VIA: General Manager, Otay Ranch Project
SUBMITTED BY: Deputy City Manager Krempl~~
REVIEWED BY: City Manage~ 4/5th's vote Yes___No x
The City of Chula Vista is the agency designated to approve consulting
contracts for the Otay Ranch. Additional work is being requested of RBF over
and above the original scope-of-work. Further, an interim payment plan, plus
security is included. The agreement has been reviewed by all parties and is
acceptable to RBF, Baldwin and the City. The County is supportive of the
scope of services to be undertaken.
ITEM TITLE:
RECOMMENDATION
Adopt a resolution modifying the existing agreement with RBF to include this
additional scope-of-work and authorizing the Mayor to sign the attached
agreement.
BOARDS/COMMISSION RECOMMENDATION:
Not applicable.
DISCUSSION
RBF has been under contract with the City of Chula Vista to provide planning
services for the Otay Ranch since August 1989. First and second modifications
to the agreement were authorized by Council in February 1990 and a third
modification was approved in November 1990.
This agreement provides for the fourth modification to the scope of work but
substantially revises and lessens the risk to the City in the event of
Baldwin's failure to pay. The contracts and work program have been dynamic.
They reflect the direction of the Interjurisdictional Task Force within the
context of the overall work program and framework for the Ranch processing of
a General Plan Amendment and General Development Plan by Chula Vista and San
Diego County.
~~
Page 2, Item No. ~
Meeting Date 4/2/91
The additional scope-of-work is an interim scope-of-work in that the tasks
outlined are not envisioned to be completed by the end of June 1991. The
scope-of-work calls for preparation of eight issue Papers, the preparation of
a Development Suitability Methodology and Analysis, a review of the Resource
Management Plan and the preparation of the text, maps and graphics for the
General Plan Amendment and the General Development Plan. The scope-of-work
also provides for all the support work necessary for presentations to the
Citizen and Technical Committees plus outside groups which are interested in
the project. The scope-of-work also provides for environmental coordination
of the Environmental Impact Review consultant.
As part of this three party agreement, an Otay Ranch trust fund is
established. The trust fund is designed to receive deposits and security from
the applicant and to disburse assets of fund. The City's exposure to pay on
this agreement is limited to the assets in this fund. The agreement outlines
payment schedules as well as interest earned on unpaid balances.
FISCAL IMPACT
There will be no fiscal impact to the City of Chula Vista because the Baldwin
Company will be funding the expanded scope-of-work.
al13gk/c
~~
'"~=<T.~_.~'~-'''"_''__'''-'._'~~_'' .__"~ __.~ ....._..~_._,~.". ~..-".'..~~~,'--^=.,~'_...._.~,..'C
.. -.. ".. ..---~....,.,; .-
"
Robert Bein, William Frost & Associates
Contract Agreement for IN 500295
February 15, 1991
Page 1 of 5
EXHIBIT WAW
SCOPE OF SERVICES
A Consultant agrees to perform the following Scope of Services as part of the General
Plan Amendment and General Development Plan/Community Plan planning process
for the Otay Ranch. This is an interim Scope of Services in that the tasks outlined
are not envisioned to be completed by the end of June 1991. The scope is also
general in nature in that the final products will be determined during the process
through interaction with the Technical, Citizen and Executive Staff Committees. For
this reason the scope is being prepared on a time and materials basis, and actual
costs may vary from estimated costs.
TASK 01
Perform research as directed by the Executive Staff Committee on issues
pertaining to the preparation of the General Plan Amendments and the
General Development Plan/Community Plan for the Otay Ranch Project.
Research questions to be investigated and documented in the form of issue
or special study papers which include the following (other issues may be
added as the process proceeds):
TASK 02
. Village Definition Including Densities and Residential Mix.
. University Siting.
. Planning for the Lakes.
Land use south of Otay Lakes.
Buffer around Otay Reservoir.
. Otay Valley Regional Park.
. Existing Environmental Resource Factors and Analysis of Significance.
. TransportationjTransit and Villages.
. Proctor Valley Land Use and Density.
. Number of Otay River Valley Crossings.
Provide analysis and methodology in the preparation of the Development
Suitability Analysis. This includes coordination with the Biological Technical
Committee and appropriate City and County staff to make the determination
that all significant resources have been protected.
G/Olay.!
'1-2.,.../
..--
Robert Bein, William Frost & Associates
Contract Agreement for IN 500295
February 15, 1991
Page 2 of 5
.
TASK 03 Provide a written review of the Resource Management Plan submitted by the
applicant. This review will contain all other agency and interested parties
concerns. Prepare an analysis of the County of San Diego Resource
Protection Ordinance as it relates to the Resource Management Plan.
TASK 04 Conduct analysis for and prepare the texts, maps and graphics for the General
Plan Amendments and the General Development Plan/Community Plan.
This work is anticipated to involve the preparation of the General Plan
Amendment elements required for both the City and County, including
several elements (e.g., housing which may require considerable coordination
and discussion with each of these agencies before text preparation. This task
also involves preparing the General Development Plan text, including the
establishment of policies regarding Villages, the Eastern Urban Center, the
University, Open Space and Conservation, Circulation, Growth Management,
Phasing, Water Conservation, etc. This portion of the task will require that
both the City of Chula Vista and the County of San Diego requirements for
a General Development Plan and a Community Plan are met.
TASK OS Prepare reports and graphics for presentation to the Citizen Committees on
issues pertaining to the preparation of the General Plan Amendments and the
General Development Plan/Community Plan.
TASK 06 Prepare reports and graphics for presentation to Technical Committees on
issues pertaining to the preparation of the General Plan Amendments and the
General Development Plan/Community Plan.
TASK fJ1 Provide coordination, as requested by Executive Staff Committee, on regional
issues outside the Otay Ranch which have a continuing impact on the
planning of the Otay Ranch. Such coordination involves meeting with various
organizations and interested personnel on issues such as the designation of
SR-125 as a toll road, the establishment of regional biological conservation
areas and wildlife corridors, the planning of the Otay Valley Regional Park,
and the study of fixed rail transit extension into the South Bay.
TASK 08 Make presentations to groups interested in the planning of the Otay Ranch.
Such groups may include, but are not limited to, professional planning
organizations (i.e. American Planning Association), local citizen groups other
than the Citizen Committees, such as Crossroads, and other interested parties,
as requested by the City.
OfOtay.l
q ..2A ~ 2...
Robert Bein, William Frost & Associates
Contract Agreement for IN 500295
TASK 09
TASK 10
TASK 11
EXCI lJSIONS
February 15, 1991
Page 3 of 5
Attend and prepare staff reports and other material as required for workshops
and public hearings.
Provide environmental coordination. This effort involves weekly monitoring
of the progress of the Environmental Impact Review (EIR) consultant, the
coordination of the EIR review process and the preparation of staff reports.
This effort does not include production of environmental documentation.
Develop plans, maps, sketches and other graphic presentations per Executive
Staff Committee's request for issues pertaining to the preparation of the Issue
Papers, the General Plan Amendments and the General Development Plan.
Examples of such graphics include conceptual plans incorporating transit into
villages, conceptual plans of village centers, conceptual land use plans for the
Eastern Urban Center, and visual analysis of development around the Otay
Lakes. Maps and graphics will be required for the issue papers, General Plan
Amendments and the General Development Plan/Co=unity Plan.
Work relating to traffic engineering and analysis is excluded from this scope of services.
JHK will be submitting a separate addendum to the City of Chula Vista for this work.
This is an interim scope of services in that the tasks outlined are not envisioned to be
completed by the end of June 1991. The scope is also general in nature in that the final
products will be determined during the process through interaction with the Technical,
Citizen and Executive Staff Committees. For this reason the scope is being prepared on a
time and materials basis, and actual costs may vary from estimated costs.
G/OIay.!
q.:l. fA.-~
RESOLUTION NO. f~/bf
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE THREE PARTY
AGREEMENT FOR OTAY RANCH DEVELOPMENT
PROCESSING BETWEEN THE CITY OF CHULA VISTA,
ROBERT BEIN, WILLIAMS FROST AND ASSOCIATES AND
BALDWIN VISTA ASSOCIATES, L.P., AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City of Chula Vista is the agency
designated to approve consulting contracts for the Otay Ranch; and
WHEREAS, additional work is being requested of RBF over
and above the original scope-of-work; and
WHEREAS, an interim payment plan, plus security is
included.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the Three Party
Agreement for Otay Ranch Development processing between the City
of Chula vista, Robert Bein, Williams Frost and Associates and
Baldwin Vista Associates, L.P., a copy of which is on file in the
office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the Ci ty of
Chula Vista is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista, and all
documentation necessary to implement same.
Presented by
as t
orm by
ney
h
George Krempl, Deputy City
Manager
8693a
Bruce M. Boogaar, ity At
q'~14-"_
Three Party Agreement
for Otay Ranch
Development Processing
This Agreement ("This Agreement") is made this
March 27, 1991, for the purposes of reference only, and effective
as of the date last executed between the parties, between the
city of Chula vista ("city") herein, a municipal corporation of
the state of California, Baldwin vista Associates, Ltd., a
California Limited Partnership, ("Applicant"), and Robert Bein,
William Frost & Associates ("Consultant"), Professional
engineers, Planners & Surveyors, and is made with reference to
the following facts:
Recitals
Whereas, Applicant is the owner of a 22,700 acre parcel of
land located outside the current City limits for the City of
Chula Vista, and within the unincorporated area of the County of
San Diego, and is commonly know as the "Otay Ranch"; and,
Whereas, Applicant is the proponent of the development of
the Otay Ranch according to the concept plan and description
presented to the City Council ("Otay Ranch Project") and made a
part of a Statement of Intentions adopted by the Council on April
25, 1989, and in that regard is the proponent of a General Plan
Amendment and General Development Plan application; and
Whereas, city has entered into a Memorandum of Understanding
("MOU") with the County of San Diego ("County") to provide for
the joint planning of the development of the Otay Ranch through a
coordinated and cooperative effort of selected personnel from
both the city and the County ("Joint Project Team", or
alternatively "Team"); and,
Whereas, pursuant to said MOU, City is primarily responsible
for contracting for consulting services needed to plan for the
development of the Otay Ranch; and,
Whereas, in order to fulfil the need of the Team for
planning services, City entered into an agreement with Consultant
on August 1, 1989 ("Original Agreement"), which agreement was
amended in writing on February 1, 1990 ("First Amendment"),
baldwn3b.wp
March 27, 1991
RBF/city/Baldwin Agreement
Page 1
q-s
February 27, 1990 ("Second Amendment"), and November 13, 1990
("Third Amendment"), all of which shall herein be referred to as
the "Agreement as Amended"; and,
Whereas, city and Applicant owes Consultant, as a result of
services performed pursuant to the Agreement as Amended up to the
date of this Agreement, the sum herein stated and referred to as
"Consultant's Bill for Previously-Provided Services" and the
parties recognize that Consultant has performed all services
required of it under the Agreement As Amended; and,
Whereas, while City desires to continue the services of
Consultant in connection with the planning of the development of
the Otay Ranch, the parties desire to restructure their
contractual relationship from this point on according to the
terms of this agreement, except that they agree to pay the
balance owing Consultant under the Agreement as Amended; 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; and,
NOW, THEREFORE, BE IT RESOLVED that the City, Applicant and
Consultant do hereby mutually agree as follows:
I. Establishment and Operation of Otav Ranch Trust Fund.
A. city to Establish Otay Ranch Trust Fund.
City agrees to establish, as part of its books and records
accounting for financial transactions of the City, and related
entities, a separate fund ("Otay Ranch Trust Fund", or "Trust
Fund") which shall be primarily designed to receive deposits and
security (including the Trust Deed herein contemplated) from
Applicant and to disburse assets of the fund, including proceeds
realized from the foreclosure of any security devices, to pay for
all expenses, expenditures, and/or losses incurred by Team in
connection with processing Applicant's application for the
development of the Otay Ranch through the city and County.
B. Duty to Foreclose.
City agrees that, to the extent necessary to do so in order
to realize proceeds to meet the City's duty to pay for expenses
of the City and Team, and to the extent that Applicant is in
default of the terms of this agreement, City will foreclose upon
any security deposited with the city to secure the performance of
baldwn3b.wp
March 27, 1991
RBF/city/Baldwin Agreement
Page 2
'f-"
Applicant.
II. Duties Reaardina Consultant's Bill for Previous Iv Provided
services.
This section II relates exclusively to the duties and rights
of Applicant, City and Consultant with regard to the payment of
Consultant's Bill for Previously Provided Services.
A. Aoolicant's Duties.
1. Dutv to Pav.
Applicant agrees to pay to city, for deposit to the
Trust Fund, for Consultant's Bill for Previously Provided
Services, the sum of $126.423.86', together with interest
thereon at the rate of 12% per annum, compounded monthly,
calculated from January 1, 1991, on or before July 1, 1991.
2. Dutv to Issue Note.
As a duplicate duty to pay city for Consultant's Bill
for Previously Provided Services, Applicant agrees to issue to
the City a Negotiable Note Secured by Trust Deed in the form
attached as Exhibit A.
3. Dutv to Secure Note.
Applicant agrees to execute one or more Deeds of Trust
in the form attached hereto as Exhibit B ("Trust Deed") for the
purpose of securing, in part, Applicant's obligations herein
under said Note. and in other oart. all of Aoolicant's
obliaations under this Aareement.
a. Property. The real properties ("Property")
which are the subject matter of said Trust Deeds are commonly
known as:
12755 Dannan Court, San Diego, CA 92130,
12756 Dannan Court, San Diego, CA 92130,
12777 Dannan Court, San Diego, CA 92130,
and are legally described as set forth in the legal
description of the property which is the subject matter of said
Trust Deed.
b.
that the value of
$748.000.00 as of
free and clear of
Equity. Applicant warrants and represents
Applicant's equity in said Property is at least
the effective date of this aareement and is
all encumbrances thereon, and that the amount
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March 27, 1991
RBF/City/Baldwin Agreement
Page 3
9-1
of all liens against said property do not exceed $1,122,000, and
are first deeds of trust against the property held by the
following persons in the following currently due amounts:2
(1)
(2)
(3)
c. Appraisal. Applicant shall bear the cost of
an appraisal of Property satisfactory to the City, and the cost
of a title report demonstrating that Applicant is the fee owner
and that there are no prior encumbrances against title not shown
above, and that all encumbrance holders have certified to the
amount above listed.
B. citv's Duties.
1. Conditional Dutv to pav Consultant.
On the condition that Applicant pays City as herein in
this section II, set forth above, or if, as a result of
prosecuting its foreclosure rights under the Trust Deed, funds
are realized, City agrees to pay to Consultant the sum of
$126.423.863, together with such interest as is realized from
Applicant's Duty to Pay for Consultant's Bill for previously-
Provided Services as herein contained.
C. Consultant's Duties.
In the event and on the condition that City pays
Consultant according to the terms herein provided, Consultant
agrees to accept same in consideration for all services
heretofore to the effective date of this agreement rendered to
the Team in connection with, or related to, the Otay Ranch
Project, including all services rendered under the Agreement as
Amended.
D. Aqreement as Amended is Terminated.
All rights and duties of the parties under the
Agreement as Amended are hereby terminated and discharged without
breach, and to the extent addressed by this agreement, are merged
herein.
III. Duties Relatinq to processinq of Application for
Development: provision of Consultinq Services.
This Section III relates to the rights and duties between
Applicant and the City for all costs associated with the
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March 27, 1991
RBF/City/Baldwin Agreement
Page 4
9-f
processing of the otay Ranch Project, and does not involve the
rights and duties of Consultant as to consulting services, or
compensation therefore.
A. Applicant's Duties to Deposit Funds.
1. Dutv to Make Cash Deposits on Demand.
For the benefit of the City exclusively, Applicant
shall deposit with the City for application to the otay Ranch
Fund, such cash amounts as City shall, from time to time, demand
for the purpose of paying all processing costs incurred by the
City and Team in processing Applicant's application for
development of the otay Ranch Project.
Deposits.
2. Limits on Authoritv of citv to Demand Cash
City demand for funds to be placed on deposit shall be
reasonable based on expected cash flow and all unfunded
obligations of the Team which the Team expects to experience
based on existing and future contract commitments.
3. Dutv to Maintain Trust Asset Value at Proper Level.
However, without regard to demand by the City to make
cash deposits, Applicant shall maintain on deposit with the City
sufficient cash or value on deposit with the city to provide for
the payment of all costs incurred by City, billed or otherwise,
in connection with its processing of Applicant's application for
the development of the otay Ranch Project, including all costs
incurred by the City under this agreement.
4. Applicant Liabilitv.
Regardless of the adequacy of funds deposited,
Applicant shall be liable to City for all costs incurred by city
or Team for the City's processing of Applicant's application to
develop the otay Ranch Project, including but not limited to all
costs incurred by City in retaining the services of Consultant as
herein provided.
5. Applicant Dutv to Deposit Performance Trust Deed.
Applicant shall execute a deed of trust in the form
attached hereto as Exhibit B, for the purpose of securing, in
part, all of its duties contained in this Agreement, including
monetary or fiscal duties, and deliver same to City.
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March 27, 1991
RBF/City/Baldwin Agreement
Page 5
q~
a. Property. The real properties ("Property")
which are the subject matter of the Trust Deed are commonly known
as:
12755 Dannan Court, San Diego, CA 92130,
12756 Dannan Court, San Diego, CA 92130,
12777 Dannan Court, San Diego, CA 92130,
and are legally described as set forth in the legal
description of the property which is the subject matter of said
Trust Deed.
b. Equity. Applicant warrants and represents
that the value of Applicant's equity in said Property is at least
$748.000.00 as of the effective date of this aareement and is
free and clear of all encumbrances thereon, and that the amount
of all liens against said property do not exceed $1,122,000, and
are first deeds of trust against the property held by the
following persons in the following currently due amounts:4
(1)
(2)
(3)
c. Appraisal. Applicant shall bear the cost of
an appraisal of Property satisfactory to the city, and the cost
of a title report demonstrating that Applicant is the fee owner
and that there are no prior encumbrances against title not shown
above, and that all encumbrance holders have certified to the
amount above listed.
6. Non-Drocessina Remedv.
In addition to any other remedies which city may have
for breach of this Agreement, breach of this Agreement by
Applicant in any manner, including but not limited to the failure
of Applicant for any reason to deposit funds on demand, shall be
grounds for the refusal of City and/or Team, and City and/or Team
is hereby authorized to refuse, to continue processing the otay
Ranch Project development application.
IV. processina of otav Ranch Proiect.
This section IV shall address the duties and rights of the
parties regarding the processing of the otay Ranch Project, and
compensation therefore.
A. Desianatina ReDresentatives for Administration of
Contract.
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March 27, 1991
RBF/City/Baldwin Agreement
Page 6
C( ..It)
1. The city hereby designates the city Manager, or his
written designee, ("city's Representative") as its representative
for the review and administration of the work performed by
Consultant herein required.
2. Consultant hereby designates John Sulliard as
Consultant's representative ("Consultant's Representative") to
the project for the duration of the project. No substitution for
this position shall be allowed without written approval from the
city.
3. Applicant hereby designates "{{If &t 5M',t '" 5
as Applicant's representative ("Applicant's Representative") to
the project for the duration of the project.
B. Duties Relatinq to Processinq.
1. Duties of Applicant.
a. Provide Information.
The Applicant of the project shall provide to the
Consultant, for the use by the Consultant, all site plans,
grading plans, architectural elevations, project description,
reports or any other documents, drawings, etc., which are
available and could be of assistance to the Consultant in
performing his services and preparing his Work Product.
b. permission to Access proiect Area.
The Proponent shall also provide Consultant with
written permission for the Consultant and City staff to enter the
Project Area, to take any borings, make any tests, conduct any
surveys or reconnaissance necessary to permit the Consultant to
perform the services herein required of the Consultant.
2. Consultant Duties.
a. primarv Dutv.
On the condition that the Consultant is regularly
paid in accordance with the provisions of this Agreement, and
notwithstanding said condition, on the further condition that the
total amount due Consultant is less than $450,000, Consultant
shall continue to prepare a General Plan Amendment and General
Development Plan/community Plan ("GDP") for the development of
Otay Ranch, and in conjunction therewith, perform the tasks set
forth in "Scope of Services, attached hereto as Exhibit C, and
incorporated herein by reference, as same may be modified, added
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March 27, 1991
RBF/city/Baldwin Agreement
Page 7
'1 ~ II
or reduced by the city.
b. Reductions in Scooe of Work.
City may from time to time reduce the Scope of
Work by the Consultant to be performed under this Agreement.
c. Additional Scooe of Work.
In addition to performing the Defined Services
herein set forth, City may require Consultant to perform
additional consulting services related to the General Duties and
Scope of Services ("Additional Services").
d. Standard of Care.
Consultant, in performing any Services under this
agreement, shall perform such services 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.
C. Duties Relatinq to Comoensation.
1. Dutv to Preoare Bill Monthlv.
Consultant shall prepare and submit to the City on the
first day of each month, a bill for its services rendered which
bill shall contain the number of productive hours which
Consultant or their agents or employees shall have spent in
executing the Scope of Work herein contained in this section IV,
which hours are to be extended by an hourly rate factor
calculated at 2.75 times the normal hourly wage paid to said
agent or employee. The extended cost of said individual
employees and/or agents shall be totalled on said bill. Said
bill shall also contain all reimbursable costs incurred during
said billing period.
2. Dutv to Set Hourlv Rate of Aqents or Emolovees.
Consultant shall not adjust the hourly rates or its
agents or employees as a result of this agreement. The hourly
rates of its agents or employees currently assigned, or expected
to be assigned to perform Consultant's duties under this
agreement are set forth in the attached Exhibit D. Consultant
warrants and represents that (1) Exhibit D truly and accurately
reflects the hourly rates paid to such agents or employees as of
the date of this agreement, (2) that such hourly rates are
typical rates paid to similarly situated agents or employees in
baldwn3b.wp
March 27, 1991
RBF/city/Baldwin Agreement
Page 8
'1-12.
the trade or
contained on
Agreement.
industry of Consultant, and (3) that the amounts so
Exhibit D have not been set as a result of this
3.
Dutv to Pav Bill.
City shall pay the properly calculated and
prepared Consultant's bill on a monthly basis within 15 days
after receipt of same, except as herein provided.
4. citv's Deferral Riahts.
a. Definitions. The monthly difference between
the proper amount billed by the Consultant for a given Deferral
Month and the amount paid on such bill shall be referred to as
the Monthly Deferral Amount, and the cumulative difference
between the proper amount billed by the Consultant in total, and
the amount paid on such bill shall be referred to as the
Cumulative Deferral Amount.
b. Deferral Right. city shall not be required to
pay any amount of Consultant's bill for the months of January,
February, March, April and May, inclusive, 1991 ("Deferral
Months"), in excess of $15,000 per month until June 1, 1991.
c. Interest on Deferred Amount. The Monthly
Deferral Amount shall bear interest from 15 days after billing at
the rate 12% per annum, compounded monthly, until paid, except
that Consultant hereby waives interest thereon on such portion of
the Monthly Deferral Amount paid within 60 days after billing.
D. Miscellaneous Duties.
1. Insurance.
Consultant represents that it and its agents, staff and
consultants employed by it are protected by worker's compensation
insurance and the Consultant has the coverage under public
liability and property damage insurance policies which this
Agreement requires to be demonstrated in the form of a
certificate of insurance.
Consultant will provide, prior to the commencement of
the services required under this agreement the following
certificates of insurance to the City prior to beginning work:
a.
statutory Workers compensation coverage plus
$1,000,000 Employers liability coverage.
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March 27, 1991
RBF/City/Baldwin Agreement
Page 9
Cf"/~
b. General and Automobile Liability coverage to
$1,000,000 combined single limit which names
City 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 in the
same manner as members of the general public
("cross-liability coverage"). The cost of
such additional insurance shall be deemed as
a reimbursable cost to consultant.
c. Errors and Omissions insurance to $250,000,
unless Errors and Omissions coverage is
included in the General Liability policy.
All policies shall be issued by a carrier that has a
Best's Rating of "A, Class V", or better, or shall meet with the
approval of the city's Risk Manager.
All policies shall provide that same may not be
canceled without at least thirty (30) days written notice to the
City.
E. Term.
This Agreement should become effective upon execution as
authorized by the Mayor of the City, or his designee, and shall
terminate, if not terminated pursuant to other provisions
contained herein, or otherwise extended by all parties, upon
performance by all parties.
F. Financial Interests of Consultant:
Consultant warrants and represents that neither he, nor his
immediate family members, nor his employees or agents
("Consultant Associates") presently have any interest, directly
or indirectly, whatsoever in the property which is the subject
matter of the Project, or in any property within 10 radial miles
from the exterior boundaries of the property which is the subject
matter of the Project, or ("Prohibited Interest") except as
listed on an attachment.
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant or
Consultant's associates. Consultant promises to advise City of
any such promise that may be made during the Term of this
Agreement, or for 12 months thereafter.
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March 27, 1991
RBF/City/Baldwin Agreement
Page 10
9..1;'
Consultant agrees that neither Consultant nor his immediate
family members, nor his employees or agents, shall acquire any
such Prohibited Interest within the Term of this Agreement, or
for 12 months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement.
G. Hold Harmless.
Consultant shall defend, indemnify and hold harmless the
City, its elected and appointed officers and employees, from and
against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of the
negligent conduct of the Consultant, or any agency 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, it 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.
H. Termination of Aqreement for Cause.
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner his/her 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 shall, at the option of the
city, become the property of the city, and Consultant shall be
entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by
Consultant's breach.
I. Termination of Aqreement for Convenience of citv.
baldwn3b.wp
March 27, 1991
RBF/city/Baldwin Agreement
Page 11
~~
city may terminate this Agreement at any time and for any
reason for giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become city's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other
materials to the effective date of such termination. Consultant
hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth
herein.
J. Assianabilitv.
The services of Consultant are personal to the city, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City
which City may not unreasonably deny.
K. Ownershio. Publication. Reoroduction 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 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.
L. Indeoendent 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
baldwn3b.wp
March 27, 1991
RBF/city/Baldwin Agreement
Page 12
q,/~
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, workers compensation benefits, injury leave or other
leave benefits.
M. Errors and Omissions.
In the event that the City Engineer determines that the
Consultant~ 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, or omissions in the plans or contract
specifications, Consultant shall reimburse City for the
additional expenses incurred by the City including engineering,
construction and/or restoration expense. Nothing herein is
intended to limit City's rights under other provisions of this
agreement.
N. Administrative Claims Reauirements 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 of Chula vista and
acted upon by the city of Chula vista 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.
O. Attornev's Fees.
Should a dispute result in litigation, and the procedure for
claiming and resolving the dispute herein contained is adhered
to, 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.
P. Statement of Costs.
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document as a
result of the scope of work required of Consultant, Consultant
shall include, or cause the inclusion, in said report or document
baldwn3b.wp
March 27, 1991
RBF/City/Baldwin Agreement
Page 13
~,(7
a statement of the numbers and cost in dollar amounts of all
contracts and subcontracts relating to the preparation of the
report or document.
Q. Consultant not authorized to Reoresent citv.
Unless specifically authorized in writing by City, Consult-
ant shall have no authority to act as City's agent to bind City
to any contractual agreements whatsoever.
R. 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 adjacent to the signatures
of the parties represented.
s. Entire Aqreement.
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.
T. Caoacitv 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; that all resolutions or other actions have been taken
so as to enable it to enter into this Agreement.
U. Governinq 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.
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March 27, 1991
RBF/City/Baldwin Agreement
Page 14
~
Signature Page
to
Agreement with
IN WITNESS WHEREOF, City, Consultant and Applicant have
executed this Agreement as of the date set forth adjacent to
their signature.
Dated: March 27, 1991
Attest:
Beverly Authelet,
city Clerk
Approved as to form:
Bruce M. Boogaard,
City Attorney
Dated: March 27, 1991
Dated: March 27, 1991
baldwn3b.wp
March 27, 1991
CITY OF CHULA VISTA
By:
Leonard M. Moore,
Mayor Pro Tem
Robert Bein, William Frost & Associates
By:
Robert Bein, Partner
Baldwin vista Associates, Ltd., a
California Limited Partnership,
By:
Baldwin Company, a General
Partnership,
By:
Greg smith, General Partner
RBF/City/Baldwin Agreement
Page 16
1'-11t
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
baldwn3b.wp
March 27, 1991
Exhibit List
to
Three Party
for otay Ranch Development
Processing Agreement
Note Secured by Trust Deed issued by Applicant to
City in the amount of Consultant'~_R;ll for
Previously Provided Services a~126,423.8~
Trust Deed Securing Note in Exhibit A, and
Performance, Including Monetary Performance, in
Agreement.
Scope of Services of Consultant.
Hourly Rates of Consultant's Employees and Agents
RBF/City/Baldwin Agreement
Page 17
9 - }..t>
Endnotes
1. Sullard say this figure should be: $150,400.63.
originally told me: $126,423.86. Please adivse.
2. Page 5. We will need name and address of the first trust
deed owners, and title reports before execution.
Tony
3. Sullard say this figure should be: $150,400.63.
originally told me: $126,423.86. Please adivse.
Tony
4. Page 5. We will need name and address of the first trust
deed owners, and title reports before execution.
5. Baldwin to furnish name.
q. 2.1
Note Secured by Deed of Trust
$150,400.63
April 1, 1991
Chula Vista, California
For valuable consideration received, the Baldwin vista
Associates, Ltd., a California Limited Partnership ("Obligor"),
does hereby promise to pay to the city of Chula Vista, California,
a chartered municipal corporation of the State of California, or
order, at Chula Vista, California, the sum of $150,400.63 plus
interest thereon, compounded monthly, at the rate of 12% per annum,
in a single lump sum payment on July 1, 1991, except as otherwise
provided below. Any payment received shall be first credited to
interest due, and the balance, if any, shall thereupon be applied
to the principal balance outstanding.
The obligations contained in this Note are secured by three
Deeds of Trust, bearing the same date as this Note, issued to
Spring Mountain Escrow, as Trustee, for the benefit of the city of
Chula Vista, Beneficiary, by obligor.
Obligor may prepay this Note at any time or from time to time
in any amount without penalty.
Notwithstanding the aforementioned date the repayment of this
obligation, upon Obligor's conveyance of a fee interest in all or
any portion of the parcel or parcels which constitute the security
for this Note, as identified in the Deed of Trust above referenced,
or the bankruptcy, reorganization, dissolution or liquidation of
Obligor, the outstanding principal balance of this Note plus any
interest accrued thereon shall become immediately due and payable.
This note shall be payable in legal tender of the united
States.
In the event that either party may be required to use the
legal process in order to collect an amount of money hereunder due,
the prevailing party shall be entitled to reasonable attorney's
fees and court costs.
Dated: April 1, 1991
Baldwin vista Associates, Ltd., a
California Limited Partnership
("Obligor")
by: The Baldwin company, its
General Partner,
by:
Smith,
Greg
President.
[attach notary acknowledgment]
baldwn5.wp
9-22..
E i< 1-11 G I T A
Exhibit B
[For the purposes of the Council Package, this abbreviated form of
Deed of Trust is provided, and only for one of the three parcels
which will constitute the security for Agreement and Note. The
final version for party signature will have Exhibit B to the Deed
of Trust: Standard Terms and Conditions; and will have the full
legal descriptions for the three model homes located in the city of
San Diego, on Dannan Court, commonly known as follows:
12755 Dannan Court
12756 Dannan Court
12777 Dannan Court]
Baldwin vista Associates, Ltd.
Deed of Trust, No. 3
to Secure Note
and
Three Party Agreement for otay Ranch Development Processing
Recording Requested by:
city of Chula Vista,
California
and when recorded, mail to
City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
Attention: City Clerk
For Official Use Only
Assessor Parcel No:
DEED OF TRUST AND ASSIGNMENT OF RENTS
THIS DEED OF TRUST, made this April 1, 1991, for the purposes
of reference, and effective as of the date executed by the parties,
between the Baldwin Vista Associates, Ltd., a California Limited
baldwn9.wp
March 27, 1991
Baldwin's Trust Deed--Council Package Version
Page 1
q--~3
~XH-!~lT S
Partnership, herein called "Trustor", whose address is 11975 El
Camino Real, suite 200, San Diego, CA 92130, Spring Mountain Escrow
Inc., a California corporation, herein called "Trustee", and the
city of Chula vista, herein called "Beneficiary", whose address is
276 Fourth Avenue, Chula Vista, California, as follows:
The Trustor irrevocably grants, transfers and assigns to
Trustee in trust, with power of sale, that property in San Diego
County, California, described as set forth in the attached Exhibit
A to Deed of Trust, together with buildings, fixtures, equipment
and other assets located thereon or appurtenant thereto, and
together with the rents, issues and profits thereof, subject,
however, to the right, power and authority given to and conferred
upon Beneficiary by paragraph (10) of the provisions attached
hereto as Exhibit B to Deed of Trust, to collect and apply such
rents, issues and profits,
FOR THE PURPOSE OF SECURING: (1) payment of the indebtedness
evidenced by one promissory note dated April 1, 1991, and entitled:
"Note Secured by Deed of Trust," and any extension or renewal
thereof, in an amount of $150,400.63, and executed by Trustor in
favor of Beneficiary or order; (2) performance by Trustor of its
obligations as contained in that Agreement between Trustor,
Beneficiary and Robert Bein, William Frost & Associates, dated
March 27, 1991, and entitled "Three Party Agreement for Otay Ranch
Development Processing" also referred to herein as the "Subject
Agreement"; (3) performance by Trustor of each agreement of
Trustor as contained herein, including without limitation, those
set forth in Exhibit B hereto (related to the protection of the
security); and (3) performance under any agreements that are
secured by a trust deed, mortgage, lien, or other encumbrance
against the title to the property which is the subject matter of
this grant that is, or may be, superior to this Deed of Trust.
TO PROTECT THE SECURITY OF THIS DEED OF TRUST, Trustor
agrees, by the execution and delivery of this Deed of Trust and the
Note and Subject Agreement secured hereby, that provisions (1) to
(14), inclusive, of Exhibit B hereby are adopted and incorporated
herein and made a part hereof as fully as though set forth herein
at length.
To the extent permitted by Law, all of the personal property
described in the deed of trust or mortgage shall be deemed to be
fixtures and part of the real property. As to any part of such
personal property not deemed or permitted by law to be fixtures,
the deed of trust or mortgage shall constitute a security agreement
under the Uniform Commercial Code.
baldwn9.wp
March 27, 1991
Baldwin's Trust Deed--Council Package Version
Page 2
9-:1.9
The undersigned Trustor requests that a copy of any Notice of
Default and of any Notice of Sale hereunder be mailed to the
undersigned at his address hereinbefore set forth.
Dated: April I, 1991
Baldwin vista Associates, Ltd., a
California Limited Partnership
("Obligor" )
by: The Baldwin Company, its
General Partner,
by:
Greg Smith, President.
[attach notary acknowledgment]
baldwn9.wp
March 27, 1991
Baldwin's Trust Deed--Council Package Version
Page 3
q..25"
Exhibit C
Scope of Services
to
Three Party Agreement
for otay Ranch Development Processing
This is a filler page for the purposes of the Council Agenda
Report Package only. Since the Council Agenda Report attaches
the Scope of Services there, it was felt not necessary to
duplicate it in this agreement.
Exhibit D
Hourly Wage Rates for
RBF Personnel to be Assigned
This is a filler page for the purposes of the Council Agenda
Report Package only. At the time of preparation of the Agenda
Package, the Hourly Wage Rates, which will "drive" the Consultant
compensation, has not been prepared.
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COUNCIL AGENDA STATEMENT
ITEM I ()
MEETING DATE 4/1./"
ITEM TITLE:
Resolution 16076A Authorizing the Mayor to sign the contract
to Susan Bigelow Associates for design of a City-wide Records
Management System
SUBMITTED BY:
Beverly A. Authelet, City Cle:k~({
4/Sths Vote: Yes_ No.lL
RECOMMENDATION: It is recommended that Council authorize the Mayor to sign the
contract with Susan Bigelow Associates for the design of a City-wide Records Management
Program.
BACKGROUND: On February 26, 1991, Council received the Proposal and awarded the
contract to Susan Bigelow Associates for the design of a City-wide Records Management
Program. The final contract has been negotiated, signed by the consultant and city, and
is before Council to authorize the Mayor to sign said contract in behalf of the City.
Attach:
Resolution
A-113 dated 2-19-91
10 --/
RESOLUTION NO. 16076A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND SUSAN BIGELOW ASSOCIATES TO DESIGN A CITY-WIDE
RECORDS MANAGEMENT AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, the City received a proposal from Susan Bigelow Associated in
response to the RFP for consultant servi ces to desi gn a city-wi de records
management system and to assist in the training of staff in the use of the system
which was approved by Council on February 26, 1991.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista that the agreement between the CITY OF CHULA VISTA, a municipal
corporation, and SUSAN BIGELOW ASSOCIATES, consultant, to design a city-wide
records management program, and known as document number C091-024, which is on
file in the City Clerk's office, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and
he is hereby authorized to execute said agreement for and on behalf of the City
of Chula Vista.
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
expenditure not to exceed $32,130 under the Capital Improvement Project Fund
(Project No. GG129) with $20,434.68 from Residential Construction Tax Fund and
$11,695.32 from Development Impact Fees.
~
Presented by:
as to
Beverly A. Authelet
City Clerk
Bruce M. Boogaar
Ci ty Attorney
/D'Z//(),If'
COUNCIL AGENDA STATEMENT
ITEM
MEETING DATE
ITEM TITLE:
Resolution receiving the Request for Proposal, awarding the
contract to Susan Bigelow Associates to design a City-wide Records
Management System for a total cost of $32,130 which includes a 5%
allowance for direct project costs
SUBMITTED BY:
Beverly A. Authelet, City Clerk
4/5ths Vote: Yes_ No.lL
RECOMMENDATION: It is recommended that Council receive the Request for Proposal by
Susan Bigelow Associates and award the contract for the design of a City-wide Records
Management Program in the amount of $32,130 which includes a 5% allowance for direct
project costs.
BACKGROUND: During the 1990-91 Capital Improvement Budget hearings, the City
Council approved a city-wide records management program (see attached). A portion of
the funds for that project was for the hiring of a consultant to design the program.
In order to be certain every departments' needs were being address, a Task Force was
formed representing all departments and consisting of:
Administration/Council Office: Nancy Woods
Building & Housing: Brad Remp!yeelin Uybungco
City Attorney: Rich Rudolph
Community Development: Margie Girbes/Sylvia Simmons
Finance: Lyman Christopher
Fire: Carol Gove
Library Administration: Paula Brown
Management Services: John Pavlicek
Parks & Recreation: Jerry Foncerrada
Personnel: Diana Levin
Planning: Mando Liuag/Joann Evangelist
It>- '!J
Police Administration: Susan Roos
Public Works/Engineering: Berlin Bosworth
Under the direction of the City Clerk, the Task Force assisted in putting together a Request
for Proposal which was mailed to 10 records consultants. Final date to submit the RFPs
was January 18, 1991. The City Clerk was notified by one consultant that they were not
interested. Two were returned with Address Unknown. The only proposal received was
from the Records Consultant who designed the City of Escondido's program which has been
a model for the country. The total amount of the RFP was $49,050: $41,850 for Phase
1 and $7,200 for Phase 2.
The RFP was designed so that the Task Force could select the tasks which were felt to be
absolutely necessary. After reviewing the proposal, the following tasks were considered
to be essential for a good records program:
Train staff to do a Records Inventory
Design a Master Functional Filing
Create a Comprehensive File Cross-Reference
Prepare detailed Records Retention Schedules
Train and Supervise the System Implementation
Develop a Records Management Manual
Conduct Meetings with Department Staff
FISCAL IMPACf: Requested funds of $32,130, are available under the Capital
Improvement Budget (Project No. GG129) from the Residential Construction Tax
($20,434.68) and the Development Impact Fees (11,695.32).
If) .4
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF CHULA VISTA AND SUSAN BIGELOW ASSOCIATES
FOR DESIGN SERVICES OF CITY-WIDE RECORDS MANAGEMENT SYSTEM
WHEREAS, the City of Chula Vista is in need of professional assistance to design a
city-wide records management system and to train staff in the use of said system; and
WHEREAS, the City of Chula Vista, under the direction of the City Clerk formed a
Records Task Force with representatives from all departments who assisted in the
development of the RFP; and
WHEREAS, the City has solicited RFPs from known Records Consultants throughout
Southern California; and
WHEREAS, Susan Bigelow Associates, known as one of the most qualified Records
Consultants in California, with experience in designing similar systems for many cities and
public agencies, has submitted the only proposal.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista ("City") and
Susan Bigelow Associates, ("Consultant"), do hereby mutually agree as follows:
1. CONSULTANT'S DUTIES
a. General Duties.
Consultant shall develop a City-wide Active Records Program for the City of
Chula Vista which will consist of:
Train and Supervise City staff in a records inventory
Design a Master Functional Filing System
Provide a Comprehensive File Cross-Reference Index
Prepare detailed Retention Schedules for each record series
Train and Supervise the Purge and Implementation of System
Develop a Records Management Manual
b. Scone of Work and Schedule.
It is the intent of the City and Consultant that Consultant carry out the
attached Scope of Services and Proposed Work Schedule (Attachment A).
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it) -S
Consultant shall perform the duties and deliver the 'Work Product" as is set
forth in the Scope of Work and Schedule, attached hereto as Exhibit A, not
inconsistent with the General Duties, according to, and within the time
frames therein established.
c. 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.
d. Insurance.
Consultant agrees to provide evidence satisfactory to the City of insurance
coverages with City designated as an additional insured, to be maintained in
full force and effect for the duration of this Agreement, as follows:
. Comprehensive General Liability: $1,000,000 combined single limit
for bodily and personal injury, injury to or destruction of property,
including loss of use resulting therefrom;
. Automobile Liability Insurance: $100,000/$300,000 limits;
. Worker's Compensation Limits, as required by the Labor Code of the
State of California, should consultant hire employees to perform under
this Agreement.
All policies shall be issued by a carrier that has a Best's Rating of "A Class V',
or better, or shall meet with the approval of the City's Risk Manager.
2. DUTIES OF THE CITY:
a. Consultation and Cooperation.
City shall regularly consult with the Consultant for the purpose of reviewing
the progress of the work and to provide direction and guidance to achieve
the objectives of the project. The City shall permit access to its facilities by
Consultant throughout the term of the agreement.
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The City shall be responsible for the timely fulfillment of its responsibilities
under this agreement. In the event that City actions or inactions interrupt
or delay the Consultant's performance, the Consultant shall notify the City
in writing. Failure on the City's part to correct the lack of performance or
schedule delay in a timely manner shall be cause for the Consultant to
request a contract modification.
b. Compensation.
The total compensation to be paid by the City to the Consultant shall be
$2,550 per month not to exceed $30,600. The consultant shall bill the City
on a monthly basis for services performed under this Agreement. Progress
payments of $2,550 for professional services shall be due thirty days after
services have commenced and every thirty days thereafter.
In addition, The City shall reimburse the Consultant for all direct expenses,
up to a maximum of $1,530. Such direct expenses may include mileage (at
35 cents per mile), duplicating, printing, graphics, supplies, postage, and
telephone costs. Direct expenses will be billed as incurred; invoices will be
documented with receipts and/or mileage.
c. Reductions in Scope of Work.
City may from time-to-time reduce the Scope of Work by the Consultant to
be performed under this Agreement. City and Consultant agree to meet in
good faith and confer for the purpose of negotiating a corresponding
reduction in the Fee associated with said reduction, but shall use the hourly
rate of $56.25 per hour as the basis for calculating reduced compensation.
d. Additional Scope of Work.
In addition to performing the Defined Services herein set forth, City may
require Consultant to perform additional consulting services related to the
General Duties and Scope of Work ("Additional Services"), and upon doing
so in writing, Consultant shall perform same on a time and materials basis
at the rates set forth above at $56.25 per hour. All compensation for
Additional Services shall be paid monthly as billed.
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3. ADMINISTRATION OF CONTRACT
The City designates the City Clerk, Beverly A. Authelet, hereinafter referred to as the
"City's Representative," to review and administer the work performed by Consultant,
pursuant to the attached Scope of Services and Proposed Work Schedule
(Attachment A).
4. TERM
The services described herein shall be completed within 12 months after
commencement of the project, unless a different schedule is agreed to in writing by
both parties to this Agreement.
5. FINANCIAL INTEREST OF CONSULTANT
The Consultant warrants and represents that neither she, nor her inunediate family
members, nor her employees or agents (Consultant Associates) presently have any
interest, directly or indirectly, in the subject matters covered by this agreement,
which would constitute a conflict of interest or give the appearance of such conflict.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to
Consultant or Consultant Associates. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that neither Consultant nor her immediate family members, nor
her employees or agents, shall acquire any such Prohibited Interest within the Term
of this Agreement, or for 12 months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party which may be in conflict with Consultant's responsibilities
under this Agreement.
6. HOLD HARMLESS
Consultant shall defend, indemnify and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees) arising out of the
conduct of the Consultant, or any agency or employee, subcontractors, or other in
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t/).~
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.
"
7.
TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, one party shall fail to fulfill in a timely and proper manner
his/her obligations under this Agreement ("Breaching Party"), or if said Breaching
Party shall violate any of the covenants, agreements or stipulations of this
Agreement, the other party ("Non-Breaching Party") shall have the right to
terminate this Agreement by giving written notice to Breaching Party 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, reports, and other materials prepared
by Consultant shall, at the option of the City, become the property of the City, and
Consultant shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective
date of Notice of Termination, not to exceed the amounts payable hereunder, and
less any damages caused by the breach.
8. ERRORS AND OMISSIONS
In the event that the City Clerk 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 in the plans or contract specification, Consultant shall reimburse
City for the additional expenses incurred by the City. Nothing herein is intended
to limit City's rights under other provisions of this agreement.
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9. TERMINATION OF AGREEMENT FOR CONVENIENCE OF CITY
City may tenninate this Agreement at any time and for any reasons by giving
specific written notice to Consultant of such termination and specifying the effective
date thereof, at least thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other materials described
hereinabove shall, at the option of the City, become City's sole and exclusive
property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective
date of such tennination. Consultant hereby expressly waives any and all claims for
damages or compensation arising under this Agreement except as set forth herein.
10. ASSIGNABILITY
The services of Consultant are personal to the City, and Consultant shall not assign
any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City which
City may unreasonably deny.
11. CONFIDENTIAL AND COPYRIGHT INFORMATION
The City and Consultant agree that certain materials developed under this
Agreement may be confidential to the Consultant or copyright-protected by the
Consultant. Such materials shall be plainly and prominently marked by the
Consultant. The City shall use all reasonable means to insure that the Consultant's
confidential information is safeguarded. The City agrees not to reproduce or
distribute the Consultant's copyrighted information for use by an agency other than
the City without prior written permission from the Consultant. All other work
product is the property of the City.
12. 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
-6-
If) _10
including but not limited to, overtime, retirement benefits, workers compensation
benefits, injury leave or other leave benefits.
13. RESPONSIBLE CHARGE
Consultant hereby designates that Susan Bigelow shall be Consultant's
representative ("Project Manager") to the project for the duration of the project. No
substitution for this position shall be allowed without written approval from the
City.
14. ADMINISTRATIVE CLAIMS REOUIREMENTS 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 flied with the City of
Chula Vista and acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same
may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the
City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. ATTORNEY'S FEES
Should that dispute result in litigation, it is agreed that the prevailing party shall
be entitled to recover all reasonable costs incurred in the defense of the claim,
including costs and attorney's fees.
16. STATEMENT OF COSTS
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document as a result of the scope of work required of
Consultant, Consultant shall include, or cause the inclusion, 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.
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Correspondence relating to this agreement should be to the addresses given below:
Beverly A. Authelet, City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Susan Bigelow
Susan Bigelow Associates
2317 Highview Lane
Spring Valley, California 91977
IN WITNESS WHEREOF, City and Consultant have executed this contract for design
services this 2nd day of April, 1991.
CITY OF CHULA VISTA:
CONSULTANT:
Leonard M. Moore, Mayor Pro Tempore
--~ ~Llll'---~~tr.-<.)
Susan Bigelow, Consultant
ATTEST:
APPROVED AS TO FORM:
Beverly A. Authelet, CMC, City Clerk
/~ (
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Attorney
Risk Manager Initials: -M--
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ATIACHMENT A
SCOPE OF SERVICES AND PROPOSED WORK SCHEDULE
Consultant will design, guide, and facilitate the design of the city-wide records management
program, and train City staff on how to use the system by performing the tasks and
meeting the objectives described below. The proposed schedule shown in the chart as
"approximate end date" may be adjusted appropriately, as determined by the City's
Representative.
OBJECTIVE: The objective is for Consultant to work cooperatively with the City Clerk and
City staff to establish a city-wide, comprehensive records management program for the City
of Chula Vista.
SCOPE: The scope includes the design and implementation of programs to organize and
maintain the active records for seventeen City departments/divisions which include records
generally kept by the City that pertain to its principal and ongoing functions and are
normally stored in a paper mode.
METHOD OF APPROACH: It is felt that the direct involvement of department staff
throughout the design and installation process helps ensure their familiarity with and the
day-to-day useability and efficiency of the program. Therefore, the following tasks have
been chosen to assist the City staff in establishing its comprehensive records program.
Task 1: PROJECf COORDINATION
Consultant will hold a project initiation meeting with the Records Management Task Force
and appropriate department staff to include, but not limited to explaining the overall
approach, components that lend themselves to computerization, necessary time schedules,
selecting and involving departmental records personnel in the program. In addition,
Consultant will meet periodically with department staff/temporary records personnel for
purposes of training, responding to questions, reviewing progress, motivating staff.
Consultant will oversee appropriate City staff in the survey of records of each
department/division for purposes of determining the volumes of records to be addressed.
Staffing requirements needed to implement and maintain the records program will be
evaluated. It is recommended that community volunteers and/or temporary personnel be
used to help with the implementation/purge stage. It is estimated that a total of seven
days will be spent by the Consultant on this Task.
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Task 2: ACTIVE RECORDS PROGRAM
A. Records Inventory. Consultant will train and supervise city staff/temporary records
personnel in performing a complete, physical inventory of the records to be included in the
program. The inventory consists of an identification of types of records being kept for
inclusion in the functional filing system, cross-reference index, and retention schedules.
It also identifies inactive records that may be transferred to lower cost storage; and
obsolete records that may be scheduled for immediate destruction.
B. Master Functional Filing System. Using the inventory results, Consultant shall design
a practical, numerical, functional filing system for use on a city-wide basis. Functions
performed by the various departments shall be identified and records categorized and
subcategorized within each function.
Consultant shall present the initial system in draft form. Each department will have the
opportunity to identify specific or additional subcategories of records that are necessary for
its efficient, day-to-day operations. In this way, each department will have maximum input
into the system regarding its primary functions, and the process will ensure that the final,
city-wide system is appropriate to, and practical for, all users.
Consultant shall develop color coding for the numeric labels, for retention purposes, to
identify departmental ownership of files, and perhaps for segregation of project areas or
years. This color coding is a cost-effective technique for helping to prevent misfiling.
C. Comprehensive File Cross-Reference Index. Using the inventory results and the master
filing system, Consultant shall provide a comprehensive, alphabetic cross-reference index
to direct all users to the appropriate location of information within the numerical filing
system. Once the cross-reference index is installed on the City's computer equipment,
Consultant shall train department staff to incorporate additional references based on the
new, active file labels.
D. Records Retention Schedules. Consultant shall prepare detailed records retention
schedules, based on current state and federal law, and on common recordkeeping practices
that will identify for each records series: (1) an office of record, (2) required retention
periods, and (3) microfilming requirements. The schedules shall reflect historic, research,
evidential, and administrative values of records, in addition to legal retention requirements.
The Consultant shall submit a list of records identified in the records inventory that need
further clarification by departments and/or a list of additional records needing retention
research by the City Attorney. Once Consultant receives this information from the City,
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Consultant shall submit draft schedules to the City Clerk, City Attorney, and all
departments for review and comment prior to submittal of the final schedules.
E. Purge & System Implementation. Using the inventory results, retention schedules,
master filing system, and cross-reference index, Consultant shall train and supervise
department staff (and temporary records staff if hired) in reviewing files and segregating
the contents into (a) active, (2) inactive, and (3) obsolete categories. Consultant shall
train Department staff to:
. Incorporate active records into the new system, using the color coding
techniques;
. Segregate inactive records for inclusion in an inactive records program; and
. Prepare obsolete records for destruction, with a destruction list to be
approved by the City Clerk and City Attorney
F. Records Management Manual. Consultant shall develop a comprehensive records
management manual to ensure the ongoing maintenance of the records program and use
of the system by both current and future staff. The manual will contain, at minimum:
. A complete description of the comprehensive filing system
. An identification and explanation of the filing functions, categories and
subcategories of the system
. The color coding and numeric sequence of the functional file categories
. The master filing system guide
. The alphabetic cross-reference index to the numeric system
. Records retention and disposition information
. Guidelines for a periodic review of the active system to remove
inactive/obsolete records
. Pertinent exhibits, as necessary, to make the system practical and useful to
both current and new staff; and
. Step-by-step procedures for using the system.
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Consultant shall submit originals of the above items for duplication and incorporation by
the City into a loose-leaf binder for distribution to all departments using the new system.
Costs for graphics for the manual cover, the binders, dividers, labels, etc., are not included
in the contract cost.
TASK 3. System Audit. Consultant shall provide to the city at no additional cost, an audit
of the records program approximately six months after its installation to ensure that it is
running smoothly and efficiently. If necessary, informal suggestions and/or formal
recommendations will be made to correct any problems identified by staff or observed
during the audit.
TIME REQUIREMENTS/PROPOSED PROJECT SCHEDULE
Proposed is a joint effort between Consultant and City. In using this approach, it is
difficult to estimate the time requirements to finish each of the above tasks. Assuming
adequate City staffing levels, and that all tasks are performed by City staff/temporary
records personnel as quickly and efficiently as possible, Consultant proposes a twelve
month project.
-12-
/{)-I(,.
Task 1:
Task 2:
ATTACHMENT B
TASK SCHEDULE
Proiect Coordination:
Task I-A: Meetings with Staff: 7 days x $450
$3,150
Task I-B: Staffing Requirements: 1 day x $450
450
Active Records Prosrram:
Task 2-A: Records Inventory: 2 days x $450
900
Task 2-B: Filing System Design: 15 days x $450
6,750
Task 2-C: Cross Reference Index: 10 days x $450
4,500
Task 2-D: Records Retention Schedules: 18 days x $450
8,100
Task 2-E: Implementation: 5 days x $450
2,250
Task 2-F: Manual: 10 days x $450
$4.500
TOTAL
$30,600
-13-
1/)~/7
COUNCIL AGENDA STATEMENT
Item
Meeting Date
~
4/2/91
ITEM TITLE:
Resolution lc"/OS Authorizing the City Manager
or his designee to enter into hold harmless
and indemnification agreements as necessary
to construct off-site improvements associated
with Capital Improvement proje~ls
Community Deve.lopment Director~~
Director of Public Works
)
city Manager1
(4j5ths Vote:
Yes_ No-1L)
SUBMITTED BY:
REVIEWED BY:
The City of Chula vista has several Capi tal Improvement
Projects that are proceeding to construction. These
projects require that the City obtain temporary "Permit (s)
to Enter and Construct" to do work on private property to
accommodate the construction of public improvements in the
right of way. On September 4, 1990, the City Council
approved an agreement with Ryals & Associates for
acquisi tion services. In the process of providing those
acquisition services, Ryals & Associates identified the need
for the City to request permission to enter onto private
property to construct certain improvements, such as the
noise attenuation wall required as mitigation for the otay
Valley Road widening project.
This permission to enter and construct form developed by
Ryals & Associates includes a hold harmless and
indemnification clause. The purpose of this staff report is
to seek authorization from the City Council for the City
Manager or his designee to enter into Permit to Enter and
Construct agreements, in substantial conformance with the
sample agreement in Exhibit A, as necessary for construction
of city Capital Improvement Projects.
Currently, the City Council has the authority to enter into
hold harmless and indemnification agreements.
STAFF RECOMMENDATION: That the City Council authorize the
city Manager or his designee to execute the Permit to Enter
and Construct agreements which include a hold harmless and
indemnification clause as necessary to construct off-site
improvements associated with city capital Improvement
Projects.
It- ,
Page 2, Item
Meeting Date
-L
4/2/91
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City Attorney and the City's Risk Manager have reviewed
and approved the sample form for the Permit to Enter and
Construct attached as Exhibit A. Note: The second
paragraph of this agreement may change depending on the off-
site improvements to be constructed. The City Council, in
approving the resolution would authorize the City Manager or
his designee to enter into this type of agreement to allow
off-site construction necessary for Capital Improvement
Projects.
FISCAL IMPACT: Not applicable.
(harmless)
11'2,.
m EXHIBITA
@mfjJ~Tf
PERMIT TO ENTER AND CONSTRUCT
The undersigned property owners (hereinafter called GRANTOR)
hereby grant permission to the City of Chula Vista, its
contractors, agents and employees (hereinafter called CITY), to
enter upon a portion of the real property designated as Assessor's
Parcel Number AF5A located in the City of Chula Vista, County of
San Diego, State of California, as shown on the attached drawing,
for the purpose of constructing a Sound Wall for the Otay Valley
Road Widening Project.
GRANTOR hereby grants permission to CITY to enter upon, occupy
and pass over such portions of GRANTOR'S real property as deemed
reasonab 1 y necessary for a 11 purposes i nc i denta 1 to the
construction of the Sound Wall in accordance with approved plans.
The permission granted herein shall include the right to perform
any necessary excavation, grading, earth fill, compaction,
alteration of entry walks, walls, fences, gates or other structures
or obstruct ions upon and across that port i on of GRANTOR'S rea 1
property as indicated in the attached drawing.
This permission shall commence upon the date of signlng and
shall continue in full force and effect until the date of filing
of the pertinent Notice of Completion by CITY.
CITY shall i ndemni fy and hol d GRANTOR and GRANTOR'S hei rs,
successors, assigns or lawful tenants harmless from all claims for
damage or liability arising out of CITY's exercise of the above
right to enter upon the property for the purposes stated herein
except where such claims arise from GRANTOR'S wrongful or negligent
conduct. CITY'S indemnity obligation terminates upon the filing
of the Notice of Completion by CITY.
Page 1 of 2
) 1- 3
.
CITY shall perform all work in a professional and workmanlike
manner 1 n accordance with the approved eng i neer i ng plans and
specifications for the project. Upon completion of the project,
CITY shall restore the surface of GRANTOR'S rea 1 property to a
condition that is reasonably equal to or better than its condition
prior to the start of work.
Dated this
day of
1991.
GRANTOR (S ) :
~F1 ~
~F2~
CITY OF CHULA VISTA:
BY: John Goss, City Manager
Page 2 of 2
Il-~
RESOLUTION NO. JlIlbS
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO
HOLD HARMLESS AND INDEMNIFICATION
AGREEMENTS AS NECESSARY TO CONSTRUCT
OFF-SITE IMPROVEMENTS ASSOCIATED WITH
CAPITAL IMPROVEMENT PROJECTS
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, it is necessary to indemnify and hold
harmless private property owners to gain their permission to
construct off-site improvements associated with Capital
Improvement Projects; and,
WHEREAS, only the City Council is authorized to
enter into indemnification and hold harmless agreements;
and,
WHEREAS, it would be impractical to bring each
indemnification and hold harmless agreement associated with
roadway construction projects to the city Council.
NOW, THEREFORE, BE IT RESOLVED that the City
Council of the City of Chula vista hereby authorize the city
Manager to enter into hold harmless and indemnification
agreements as necessary to construct off-site improvements
associated with Capital Improvement Projects.
Presented by
Bruce M. Boog
City Attorne
CL,~.
Chris Salomone
Community Development
Director
(harmreso)
n....E>>
COUNCIL AGENDA STATEMENT
Item Il..
Meeting Date 4-2-91
ITEM TITLE:
1~'Ot.
Resolution - Amendment to FY 1990-91 Budget to
Upgrade 1 Police Lieutenant Position to Police
Captain . ..1
Chief ofl,&Ue
City Manage~ (4/5ths Vote: Yes XX No--1
That the 1990-91 budget be modified to upgrade
a Police Lieutenant's position to Police Captain
SUBMITTED BY:
REVIEWED BY:
RECOMMENDATION:
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
The present 2 Captain organizational structure was implemented in
1984. Prior to that change a 3 Captain system had been used
since 1966. In the 1984 change we went from 3 Captains, 5
Lieutenants and 18 Sergeants to the current plan of 2 Captains,
eight Lieutenants and 16 Sergeants. The primary justification
for this change was the opportunity to create additional
Lieutenants positions to provide them with the opportunity to
work in all major divisions of the police department to better
prepare them for management positions. (Prior to 1984 we had 5
Lieutenants and they were all assigned to the Uniform Division).
Since 1984 the Department has grown from 133 personnel to the
current staffing of 232. During this same period, the population
has climbed from 95,000 to 138,000 and calls for service have
increased proportionately. The Uniform Division Captain has 155
personnel in his division and has 6 Lieutenants, a Communications
Systems Manager and a Supervising Animal Control Officer
reporting to him. The Support Division Captain has 73 personnel
in his division and has two Lieutenants, a Business Office
Manager, a Senior Crime Analyst and a Supervising Evidence
Technician reporting to him. (The current organization chart is
shown in Attachment A). Currently, the 2 Captains spend a
disproportionate amount of time in day-to-day operations and the
Uniform Division Captain has 67% of the total departmental staff
which creates an extremely heavy work load.
If the recommended change is approved, 1
positions in the current Support Division
of the Lieutenant's
would be upgraded to
12-1
Page 2, Item
It
Meeting Date 4-2-91
Captain. The new Captain's position would have 44 personnel in
his Division and the major functions would be Traffic, Training,
Animal Control, Business Office and the Crime/Photo Lab.
The 3 Captain organizational structure will result in a more
equitable sharing of work and a more effective management
structure (See Attachment B). The Uniform Division Captain will
still have 58% uf the personnel but he will only be responsible
for the five Patrol shifts and the communications center staff.
He will be giving up Traffic, Training and the Animal Shelter to
the new Captain. The third Captain's position will allow all
Captains more time for long-range planning, will increase the
number of managers needed for special projects or attendance at
various meetings, and provide more flexibility for the Chief when
he chooses to rotate Captains amongst the three divisions. The
three Captain organizational structure is utilized in most Police
Departments within the 80,000 to 175,000 population range.
The reason for the 4/5ths vote requirement is that the City
Council controls, by budget, the number and compensation of all
positions (Charter Section 501.). Any amendment to the budget
after its adoption must be adopted by the affirmative vote of at
least four members (Section 1005.).
Unlike other mid-year budget recommendations, this one is not
necessarily time sensitive and could be reviewed during the
1991-92 budget review. However, since this proposal is viewed as
being an important improvement to the department's organizational
structure, and its implementation could be advanced by three
months, it is recommended that it be approved at this time.
FISCAL IMPACT:
a Lieutenant is
current budget.
The additional salary for a Captain as opposed to
$565. per month and funds are available in the
11. ' '1.,
RESOLUTION NO. ''''DI.,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 1990-91 BUDGET TO
UPGRADE ONE POLICE LIEUTENANT'S POSITION TO
POLICE CAPTAIN
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, the present two
structure was implemented in 1983; and
captain
organizational
WHEREAS, since 1983, the Police Department has grown
from 129 personnel to the current staffing of 232; and
WHEREAS, the Police Chief
the Lieutenant's positions in the
upgraded to Captain; and
recommends upgrading one
current Support Division
of
be
WHEREAS,
personnel in his
Traffic, Training,
Crime/Photo Lab; and
the new
Division
Animal
Captain's
and the
Control,
position would
major functions
Business Office
have
would
and
44
be
the
WHEREAS, the three Captain organizational structure will
result in a more equitable sharing of work and a more effective
management structure.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby amend the FY 1990-91 budget
by increasing the number of Captain positions by one, decreasing
the number of Lieutenant positions by one, resulting in a total
of three Captain's positions and seven Lieutenants in the police
Department's position count in order to upgrade one Police
Lieutenant's position to Captain.
Presented by
Approved as to form by
William J. Winters, Police
Chief
8697a
Br~~.t! f};;;~d~1ity Attorney
/J.-3
, , .
ATTACHMENT A
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COUNCIL AGENDA STATEMENT
Item 1,3
Meeting Date 4/2/91
ITEM TITLE:
Reso 1 ut ion It-Ifl1
portable radios
Director of Finance~
City Manager&
Authori zi ng purchase of mobil e and
SUBMITTED BY:
REVIEWED BY:
(4/5ths Vote: Yes___No~)
The 1990-91 budget provides for the purchase of thirty-five (35) two-way
mobile radios, six (6) portable radios, and eight (8) battery chargers for
replacement and new vehicles. Bids were advertised via a Countywide
cooperative bid as authorized by Council Resolution No. 6131. The City of San
Diego was the lead agency. Bid No. 1424 prices are effective to June 30, 1991.
RECOMMENDATION: That Council authorize the purchase from Motorola
Communications and Electronics, Inc.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Motorola Communications and Electronics was the low bidder and awarded the bid
on the following radios:
Descriotion
Quantity
Reauired
"Syntor X900" VHF mobile radios
"Maratrac" VHF mobil e radi os
"Maxtrac 100" VHF mobile radios
"Maxtrac 300" VHF mobile radios
MT 1000 portable radios
Battery and vehicle chargers
10
6
14
5
6
8
The radios are for vehicles in the Police Department, Fire, Engineering, Parks
and Recreation, and Public Works.
The radios removed from Pol ice patrol vehicles will be stepped down to other
vehicles where possible and the balance sold at auction. The total purchase
price including taxes is $42,269.2B.
FISCAL IMPACT: Sufficient funds are provided for in FY 1990-91 budget for
the purchase of the communication equipment.
WPC 0276U
J3-f
RESOLUTION NO. }1..101
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING PURCHASE OF MOBILE AND
PORTABLE RADIOS
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the 1990-91 budget provides for the purchase of
thirty-five (35) two-way mobile radios, six (6) portable radios,
and eight (8) battery chargers for replacement and new vehicles;
and
WHEREAS, bids were advertised via a Countywide
cooperative bid as authorized by Council Resolution No. 6131; and
WHEREAS, the City of San Diego was the lead agency and
Bid No. 1424 prices are effective to June 30, 1991; and
WHEREAS, Motorola Communications and Electronics was the
low bidder and awarded the bid on the following radios:
Description
Quantity
Required
"Syntor X900" VHF mobile radios
"Maratrac" VHF mobile radios
nMaxtrac 100" VHF mobile radios
nMaxtrac 300" VHF mobile radios
MT 1000 portable radios
Battery and vehicle chargers
10
6
14
5
6
8
WHEREAS,
Department, Fire,
Works; and
the radios
Engineering,
are for vehicles in
Parks and Recreation,
the Police
and Public
WHEREAS, the total purchase price including taxes is
$42,269.28.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby authorize purchase of 35
two-way mobile radios, 6 portable radios and 8 battery chargers
for replacement and new vehicles via the City of San Diego Bid
No. 1424 awarded to Motorola Communications and Electronics for a
total purchase price including taxes of 442,269.28.
Presented by
ed
by
Lyman Christopher, Director of
Finance
8675a
A
Bruce M.
)3-2..
COUNCIL AGENDA STATEMENT
ItemA-
Meeting Date 4/2/91
ITEM TITLE:
Resolution I~ 10S'
for defibrillators
Director of Finance~~.o(C
City Manage~
Accepting bids and awarding contract
SUBMITTED BY:
REVIEWED BY:
(4/5ths Vote: Yes__No-X-)
At its meeting of February 12, 1991, Council by mi nute act i on approved the
appropri at i on of funds for the purchase of seven defi bri 11 ators. Bids were
received and opened at 3:00 p.m. or March 21,1991 in Conference Room 1,
Public Services Building for the purchase of the seven defibrillators.
RECOMMENDATION: That Council accept the bid and award the contract to
Space labs Inc.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Bid proposal forms were received from the following firms:
BIDDER
AMOUNT
$50,603.67
Space labs Inc.
Redmond, WA
laerdal Medical Corp.
Armone, NY
Based on estimated life of defibrillators, bid specifications included
maintenance agreement costs for a five year extended service after the first
year. The base pri ce for the defi bri 11 ators i ncl uded maintenance for the
first year.
$52,114.64
Spacelabs Inc. submitted the low bid and their proposal meets specifications.
It is recommended that the award be made to this firm. The first
defibrillator will be delivered within two weeks so that training of Fire
Department staff can be impl emented. The rema i ni ng defi brillators wi 11 be
received by the end of April. The Fire Chief had previously indicated to
Council a target date of May 1 to have the EMT -Defi bri 11 ator Program in
service and we are hopeful of meeting that date.
FISCAL IMPACT: Funds required for the purchase are $50,603.67. Funds were
donated for the purchase.
WPC 0623G
Ilf -I
RESOLUTION NO. 1(,101
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR DEFIBRILLATORS
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the following two bids were received and opened
at 3:00 p.m. on the 12th day of February, 1991, in Conference
Room 1, Public Services Building of the City of Chula Vista for
the purchase of seven defibrillators:
BIDDER
AMOUNT
SpaceLabs Inc.
Redmond, WA
$50,603.67
Laerdal Medical corp.
Armone, NY
$52,114.64
and
WHEREAS, it has been recommended that said contract be
awarded to the lowest responsible bidder, SpaceLabs, Inc., who
has assured the City that they are a licensed vendor in the State
of California and can produce an acceptable performance bond.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby accept said two bids, and
does hereby award the contract for said seven defibrillators to
SpaceLabs, Inc. in the amount of $50,603.67 to be completed in
accordance with the specifications as approved by the Fire Chief
of the City of Chula vista.
BE IT FURTHER RESOLVED that the purchasing Agent of the
City of Chula vista be, and he is hereby authorized and directed
to execute said contract for and on behalf of the City of Chula
Vista.
Lyman Christopher, Director of
Finance
8680a
Presented by
ity Attorney
1L{.:i...
COUNCIL AGENDA STATEMENT
Item JS....
SUBMITTED BY:
Meeting Date 412/91
Resolution I~/O' Approving Agreement for Professional Consultant
Services for the Preparation of a Public Facilities Financing Plan for the
Salt Creek Ranch SPA Plan
Director of Planning ~t
City Manager &' (4/Sths Vote: Yes_No.lO
ITEM TITLE:
REVIEWED BY:
The attached Agreement for professional planning consultant services for Willdan Associates is
for the preparation of a Public Facilities Financing Plan for the Salt Creek Ranch SPA Plan.
RECOMMENDATION: That Council approve the attached Agreement and authorize the
Mayor to sign on behalf of the City Council.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In September, 1990, the City Council approved the General Development Plan for the 1,200-
acre Salt Creek Ranch development project located north of the EastLake Business Park and east
of future SR-125. The Baldwin Company, which is the applicant, now wishes to proceed with
the SPA Plan for the entire site. This means that a Public Facilities Financing Plan must also
be prepared at this time.
Willdan Associates was selected after proposals were solicited from four locally-based
consultants that demonstrated specific expertise in engineering, planning and public facility
financing. Interviews were then conducted with the two consultants that submitted proposals by
the City Engineer, the Acting Principal Planner, and the Project Planner. Selection was based
on expertise in public facility financing analysis and specialized koowledge of the City's draft
Growth Management Program.
For the above reasons and ackoowledging that Baldwin Company will reimburse the City for the
full cost of the consultant, it is appropriate to approve the Agreement.
FISCAL IMPACT: There will be no fiscal impact to the City of Chula Vista. The contract
is for a not-to-exceed cost of $62,700.00 and will be paid to the City by the applicant through
a deposit account arrangement.
(SALTCRKPFFP.Al13)
/5-1
RESOLUTION NO. /1./0'_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT FOR
PROFESSIONAL CONSULTANT SERVICES FOR THE
PREPARATION OF A PUBLIC FACILITIES FINANCING
PLAN FOR THE SALT CREEK RANCH SPA PLAN AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, in September, 1990, the City Council approved
the General Development Plan for the 1,200-acre Salt Creek Ranch
development project located north of the EastLake Business Park
and east of future SR-125; and
WHEREAS, the Baldwin Company, which is the applicant,
now wishes to proceed with the SPA plan for the entire site which
means that a Public Facilities Financing Plan must also be
prepared at this time; and
WHEREAS, Willdan Associates was selected after proposals
were solicited and received from qualified consultants with
expertise in financial analysis and specialized knowledge of the
City's draft Growth Management Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the Ci ty of Chula Vista does hereby approve the Agreement for
Consulting Services between the City of Chula Vista, willdan
Associates and the Baldwin Company for preparation of a Public
Facilities Financing Plan for the Salt Creek Ranch Project, a
copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
Presented by
Robert A. Leiter, Director of
Planning
8695a
/~-z
'.
AGREEMENT FOR CONSULTING SERVICES BETWEEN
THE CITY OF CHULA VISTA, WILLDAN ASSOCIATES
AND THE BALDWIN COMPANY FOR PREPARATION OF
A PUBLIC FACILITIES FINANCING PLAN FOR
THE SALT CREEK RANCH PROJECT
WHEREAS, the CITY OF CHULA VISTA is in need of
professional services to prepare a Public Facilities Financing Plan
(PFFP) for the Salt Creek Ranch development project; and
WHEREAS, the CITY OF CHULA VISTA staff distributed a
Request for Proposal to several professional consulting firms with
experience and knowledge of growth management within the CITY OF
CHULA VISTA; and
WHEREAS, WILLDAN ASSOCIATES submitted a proposal and was
subsequently interviewed for possible selection; and
WHEREAS, WILLDAN ASSOCIATES was selected as the most
qualified firm with the concurrence of the BALDWIN COMPANY.
NOW, THEREFORE, BE IT RESOLVED that the CITY OF CHULA
VISTA; the firm of WILLDAN ASSOCIATES, a consulting company; and
the BALDWIN COMPANY, do hereby mutually agree as follows:
I.
PARTIES:
The parties to this Agreement are the CITY OF CHULA
VISTA, a municipal corporation (hereinafter referred to
as "CITY"); WILLDAN ASSOCIATES, a California corporation
and engineering and planning consulting company
(hereinafter referred to as "CONSULTANT"); and the
BALDWIN COMPANY, a California corporation, the applicant
for various discretionary approvals in conjunction with
the SALT CREEK RANCH project (hereinafter referred to as
"APPLICANT" or "PROJECT APPLICANT").
II. SALT CREEK RANCH PROJECT:
The term "Salt Creek Ranch Project", as referred to
hereinbelow, means that project on file in the office of
the Director of Planning located north of the EastLake
Technology Park and northwest of Upper Otay Lake.
III. INTENT OF THE PARTIES:
It is the intent of the CITY, CONSULTANT and APPLICANT
that CONSULTANT work solely for the CITY and perform the
tasks outlined in the attached Work Program (Attachment
A).
/s"-,3
/
IV. OBLIGATIONS OF CITY:
The CITY shall regularly consult with CONSULTANT for the
purpose of reviewing the progress of the project and to
provide direction and guidance to achieve the objectives
of the project. The CITY shall permit access to its
office facilities, files and records by CONSULTANT
throughout the term of the Agreement.
V.
ADMINISTRATION OF CONSULTING AGREEMENT:
The CITY hereby appoints the Director Planning, or his
designee, as the CITY'S representative in the review and
administration of the work performed by CONSULTANT
pursuant to the terms of CONSULTANT I S scope-Of -work.
CONSULTANT and CITY Manager, or his designee, shall meet
as necessary for the purpose of discussing the project.
VI. OBLIGATIONS OF CONSULTANT:
CITY, pursuant to this Agreement, hereby contracts with
CONSULTANT to act in its behalf directly and indirectly
and in conjunction with CITY staff in carrying out the
attached Work Program (Attachment A).
VII. OBLIGATIONS OF APPLICANT:
APPLICANT, shall deposit with the CITY the entire
contract amount specified in paragraph X hereinbelow in
accordance with the following schedule:
A. 50% of the total fee upon the signing of this
agreement by all parties.
B. 50% within thirty (3D) days after the signing of
this agreement.
VIII.
APPLICANT'S SUBMITTAL OF MATERIALS:
APPLICANT shall provide such information as necessary
pursuant to the terms and conditions of this Agreement
and the attached scope-of-work (Attachment A).
IX. TERM:
This Agreement shall become effective upon execution by
the Mayor of the CITY, or his designee, and shall
terminate, if not terminated pursuant to the provisions
contained hereinbelow in Paragraphs XIV, XV or XVI, or
otherwise extended by all parties, on September 1, 1991.
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IS'~
,
I /
X.
COMPENSATION:
The compensation to be paid by CITY to CONSULTANT shall
be on a fixed fee basis in the amount of SIXTY TWO
THOUSAND SEVEN HUNDRED DOLLARS ($ 6 2 , 700 . 00) in accordance
with Attachment A, which will be used by the CITY in
determining the amount of work completed by CONSULTANT,
and, therefore, the percentage of compensation to be paid
by CITY to CONSULTANT each month for Work Program
elements completed. Work Program elements shall be
completed to the satisfaction of the Director of Planning
and in accordance with the Work Program (Attachment A).
CITY agrees to pay the total sum invoiced and approved by
the Director of Planning each month during the duration
of this Agreement. All payments are subject to CITY'S
receipt of funds from APPLICANT sufficient to pay
invoiced amounts. City assumes no independent duty to
pay.
XI. INTEREST OF CONSULTANT:
CONSULTANT presently has and shall acquire no interest
whatsoever in the Salt Creek Ranch project, the subject
matter of this Agreement, direct or indirect, which would
constitute a conflict of interest or give the appearance
of such conflict. No person having any such conflict of
interest shall be employed or retained by CONSULTANT
under this Agreement. CONSULTANT specifically certifies
that neither CONSULTANT, nor any other person employed or
retained by CONSULTANT, is employed by the BALDWIN
COMPANY. CONSULTANT specifically certifies, in addition,
that no promise of future employment, or other
consideration of any kind, has been made to CONSULTANT or
any employee, agent or representative of CONSULTANT, by
the APPLICANT, any employee, agent or representative of
the APPLICANT, regarding the subj ect matter of this
Agreement or any future project in which APPLICANT has an
interest.
CONSULTANT may not conduct business for third parties
which may be in conflict with CONSULTANT'S
responsibilities under this Agreement. CONSULTANT may not
solicit any business during the term of this Agreement
which conflict with his/her responsibilities under the
Agreement.
XII. HOLD HARMLESS:
CONSULTANT shall defend, indemnify and hold harmless the
CITY, its elected and appointed officers and employees,
from and against all claims for damages, liability, cost
and expense (including, without limitation, attorneys'
-3-
15-S
XIII.
fees) arising out of the negligent conduct of the
CONSULTANT, or any agency 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 negligence or 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.
No suit shall be brought arising out of this Agreement,
against the CITY, unless a claim has first been presented
in writing anf filed with the CITY OF CHULA VISTA and
acted upon by the CITY OF CHULA VISTA in accordance with
the procedures set forth in Chapter 1.34 of the Chula
vista Municipal Code, the provisions of which are
incorporated by this reference as if fully set forth
herein.
INSURANCE:
CONSULTANT shall, throughout the duration of this
Agreement, maintain the following insurance coverages:
1. commercial General Liability Insurance including
Business Automobile Liability Insurance in the
amount of $1 million combined single limit, which
names the CITY OF CHULA VISTA as additional insured
and is primary to any insurance policy carried by
the CITY.
2. Errors and omissions insurance in the amount of
$250,000.00.
3.
Statutory Worker's Compensation
Employer's Liability Insurance as
applicable law.
Insurance and
prescr ibed by
All policies shall be issued by a carrier that has a
Bests' Rating of "A, Class V" or better, or shall meet
with the approval of the CITY'S Risk Manager.
CONSULTANT will provide, prior to commencement of the
services required under the Agreement, certificates of
Insurance for the coverages required in this section,
-4-
IS -I,
and, for Commercial Liability Insurance, a policy
endorsement for the CITY as additional insured, and a
policy endorsement stating the CONSULTANT'S insurance is
primary and a policy endorsement stating that the limits
of insurance apply separately to each project away from
premises owned or rented by the CONSULTANT. Certificates
of Insurance must also state that each policy may not be
canceled without at least thirty (3D) days written notice
to the CITY.
XIV. TERMINATION OF AGREEMENT FOR CAUSE:
If, through any cause CONSULTANT shall fail to fulfill in
a timely and proper manner his 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 shall, at the option of
CITY, become the property of CITY, and CONSULTANT shall
be entitled to receive just and equitable compensation
for any work satisfactorily completed on such documents
and other materials up to the effective date of Notice of
Termination, not to exceed the amounts payable under
Paragraph XI hereinabove.
XV. TERMINATION FOR CONVENIENCE OF CITY:
CITY may terminate this Agreement at any time and for any
reason by giving 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 in Paragraph XV
hereinabove shall, at the option of CITY, become CITY'S
sole and exclusive property. If the Agreement is
terminated by CITY, as provided in this Paragraph,
CONSULTANT shall be entitled to received 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 in Paragraph XI hereinabove in the event of such
termination.
-5-
15-7
XVI. TERMINATION AT THE REOUEST OF APPLICANT:
APPLICANT may terminate APPLICANT I S obligations with
respect to this Agreement at any time and for any reason
by giving written notice to CITY of such intent to
terminate said Agreement and specifying an effective date
of such termination at least thirty (30) days before the
date of termination. In the event that APPLICANT shall
terminate the terms of this Agreement, APPLICANT shall
remain liable for all work undertaken up to and including
the effective date of said termination for which CITY
shall be entitled to receive just and equitable
compensation for satisfactory work performed by
CONSULTANT due and owing pursuant to Paragraph XI
hereinabove.
XVII.
ASSIGNABILITY:
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; provided, however, that claims
for money due or to become due to CONSULTANT from CITY
and APPLICANT under this Agreement may be assigned to a
bank, trust company or other financial institution
without such approval. Notice of such assignment or
transfer shall be furnished promptly to CITY. Any
assignment requiring approval may not be further assigned
without CITY approval.
XVIII.
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
(collectively "instruments of service") 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 right 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 (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.
Any reuse of any such instruments of service on any other
project without the prior written consent of CONSULTANT
shall be at CITY'S sole risk and CITY shall hold harmless
and indemnify CONSULTANT from any suit, loss, cost of
defense or liablility resulting therefrom.
-6-
/5-1
XIX. INDEPENDENT CONTRACTOR:
CITY is interested only in the results obtained, and
contractor 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
final work product as each phase of this Agreement is
completed. CONSULTANT and any of 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.
XX. CHANGES:
CITY may, from time to time, require changes in the scope
of the services by CONSULTANT to be performed under this
Agreement. Such changes, including any increase or
decrease in the amount of CONSULTANT'S compensation,
which are mutually agreed upon by CITY, CONSULTANT and
APPLICANT, shall be effective as amendments to this
Agreement only when in writing.
IN WITNESS WHEREOF, CITY, CONSULTANT and APPLICANT have
executed this Contract for Planning Services (Agreement) this 2nd
day of April 1991.
APPROVED AS TO FORM BY:
CITY OF CHULA VISTA:
BY:
BY:
city Attorney
LEONARD MOORE, Mayor
CONSULTANT:
BY:
WILLDAN ASSOCIATES
APPLICANT:
BY:
BALDWIN COMPANY
Attachment 118" StAtJtJE4
FllES\WlllDAN.DEB
-7-
IS.."
ATTACHMENT A
WorkYlan
We propose to complete the following tasks and work products:
r ii' h
Task 1: Identify Proiect Characteristics
Identify and describe the proposed development within the project using
information furnished by the City and the developer.
Work Product:
I. Maps and tables depicting the project including a base map to be used
throughout the report.
2. Meet with City staff to distribute, review and agree on the project
characteristics.
Task 2: Identify and Describe Facility ImDacts
Identify and describe the overall impacts and, in conjunction with the proposed
SPA phasing plan, identify and describe the phased impacts of the project on
the community in terms of the Growth Management Program, the specific
Facility Master Plans and the Threshold Standards.
Work Product:
1. Summary of overall project impacts by facility.
2. Summary of project impacts by phase.
3. Meet with City staff to distribute, review and agree on the work
products.
Task 3: Identify Facility ImDrOyements and Costs
Using the results of Task 2, identify what facility improvements, including cost
estimates, will be needed to maintain compliance with the adopted Threshold
Standards and applicable City Ordinances for those facilities listed below.
I. Police
2. Fire/Emergency Medical Services (EMS)
3. Schools
4. Libraries
5. Parks and Recreation
Proposal to Prepare a Public Facilities Financing Plan/or Salt Creek Ranch - FebrUIJry 18, 1991
2
IS.//)
Work Plan
6. Water (potable and Reclaimed)
7. Sewer
8. Drainage (including Urban Runoff Diversion from Upper Otay Lake)
9. Traffic/Circulation
10. Civic Facilities. ., . .
11. Corporation Yard
12. Open Space Related Facilities and Improvements
For each facility listed above that may overlap project boundaries, the plan will
address the coordination from one project boundary area to another.
Cost estimates for each facility will be developed as well as the funding
potential for existing deficiencies required by the project prior to the phasing
schedule set forth in the Growth Management Program. Out-of-area improve-
ments will be assessed for growth inducing impacts and mitigation measures
identified.
Work Product:
1. Table listing facility improvements and corresponding cost estimates.
2. Narrative description of each facility improvement.
3. Meet with City staff to distribute, review and agree on the work
products.
Task 4: Phasinl! Schedule for Public Facilitv ImDrovements
Using the results of Tasks 1-3, a phasing schedule will be created that
establishes the timing for the installation or provision of facilities or improve-
ments as they are needed as specified in the Growth Management Program and
to maintain compliance with the adopted Threshold Standards or applicable City
ordinance. The phasing schedule will:
1. Ensure that the project will not utilize more than its share of facility
capacity unless sufficient capacity is ensured for other projects.
2. Include a schedule of development in the area and a cash flow analysis
for financing facilities associated with the project.
3. Provide mitigating measures where demand for facilities may exceed
capacity.
Proposal to Prepare a Public Facilities Financing Plan/or Sail Creek Ranch - February 18, 1991
3
IS../I
Work Plan
Work Product:
"
1. Identify what and when facility improvements are required.
2. Cash flow analysis of facility financing.
3. Meet with City staff to distribute, review and agree on the work
products.
Task 5: F1nancim~ Plan
Using the results of Tasks 1-4, a financing plan will be created that identifies
and describes specific methods for funding each facility and improvement and
allocates a proportionate share of the cost to the various properties within the
plan area. In addition, the financing plan will:
1. Identify and describe those facilities and improvements which would
otherwise be imposed as a condition of a development permit or be
provided by the developer in order to establish consistency with the
General Plan, Facility Master Plans, Growth Management Program or
applicable City ordinances.
2. Review project cash flow analysis from Task 4 to ensure the plan
complies with the finance policies contained in the Growth Management
Program.
3. Identify and describe those facilities for which new funding methods are
required to ensure that sufficient funds are available to construct or
provide facilities when required by the phasing schedule and Threshold
Standards.
4. If the Public Facilities Financing Plan boundaries are larger than the SPA
area, identify and describe those properties within the plan area, other
than the project, and describe how the plan for each property will be
coordinated and facilities funded.
5. Acknowledge that assessment districts requested by the developer shall
not be given credit for facility fees when a facility is constructed above
the established standard or conditions of approval.
Proposal 10 Prepare a Public Facilities Financing Plan for Salt Creek Ranch - February 18, 1991
4
IS" 12.
Work Plan
Work Product:
1. Table listing facilities and improvements imposed as a condition of
development or provided by the developer.
2. Cash flow analysis identifying, those facilities which will require new
funding methods to maintain compliance with the Growth Management
Program and Threshold Standards.
3. Meet with City staff to distribute, review and agree on the work
products. .' .;.'. "',
Task 6: Facility Requirements for Deyelooment Proiects
Using the results of Tasks 1-5, a list or schedule will be created that identifies
and describes the facilities and improvements required of individual develop-
ment projects within the plan area.
Work Product:
1. List or schedule that identifies facilities required within the plan area.
2. Meet with City staff to distribute, review and agree on the work
products.
Task 7: Fiscal Analysis/Economic Imoact Reoort
A Fiscal Analysis/Economic Impact Report will be prepared which identifies
and describes the impacts on the City's capital budget as well as on the
maintenance and operations budget for each proposed phase of development.
The report will also address the project's impact on school districts and water
agencies. It is assumed that the absorption study for the development based on
marketing studies will be provided by the project developer, as agreed to by the
City.
Work Product:
1. Revenue and expenditure impact report of City, school districts and
Water District.
2. Meet with City staff to distribute, review and agree on the work products.
Proposal to Prepare a Public Facilities Financing Plan for Salt Creek Ranch - February IB, 1991
5
1~,I.3
i
. -
Work Plan
Task 8: Public Facilities Financinl! Plan Preoaration
Using the information and work products created in Tasks 1-7, a Public
Facilities Financing Plan will be produced that incorporates all of the task
products in a logical, easy to read, graphically augmented report.
Work Product:
1. Prepare and deliver 43 copies of the ll.mfi plan for review by City staff.
2. Meet with City staff to review and discuss the draft plan.
3. Meet with City staff to review and receive approval of responses to all
City staff comments.
4. Prepare and deliver 40 copies of the final plan for consideration by the
Planning Commission and City Council.
Task 9: Proiect Manal!ement
Coordinate and supervise the work of the consulting team and monitor team
progress in completing project tasks and work products. Attend meetings with
staff and prepare a monthly status report by task and budget. Attend up to two
public meetings/hearings.
Work Product:
I. Prepare project status reports monthly which address accomplishments,
identify issues needing resolution, and confirm future target dates for the
completion of tasks, in accordance with the approved project schedule.
2. Attend meetings with ,staff as necessary. Prepare agenda and follow-up
minutes. "
3. Attend up to two public meetings/hearings to present the Public Facilities
Financing Plan.
Proposal to Prepare a Public Facilities FillOllcillg Plall/or Salt Creek Rallch - Februmy 18, 1991
6
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Comnensation
I,
2
3
4
S
6
7
8
9
. 'liovhl:
,-"j".."."-,,,
24
40
112
48
96
64
72
56
96
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$2,400
4,000
11 ,200
4,800
9,600
6,400
7,200
7,500
9,600
$62,700
TOTAL
The fees per task shown above are calculated at an average rate per hour for the team members
anticipated to be involved. An hourly rate sheet is included on the following page.
:1
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PrClposallCl Prepare a Public Faciliries Fi",mdng Pk,n/of Salt er..k Ranch - February Iii, JW2
10
/:,-#/(,
SCHEDULE OF FEES FOR PROFESSIONAL SERVICES
July 1, 1990 - June 30, 1991
CLASSIFICATION
En~lneerin~
Principal Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Division Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
City Engineer ....................................
Senior Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Associate Engineer ................................
Engineering Associate ..............................
Senior Designer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Associate Transportation Planner ............. . . . . . . . . .
Designer (CADD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Senior Public Works Observer ........................
Senior Design Engineer .............................
Senior Drafter ......... . . . . . . . ... . . . . . . . . . . . . . . . . . .
Assistant Transportation Planner .......................
Design Engineer ..................................
Public Works Observer .............................
Designer ........................................
Drafter (CAD D) ..................................
Drafter .........................................
Junior Drafter (Technical Aide) .......................
Real PrODertv Services
Senior Real Property Agent ..........................
Real Property Agent ...............................
Assistant Real Property Agent ........................
Survevinl!
Two-Man Field Party. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Survey - Supervisor ................................
Facilitv Financine
Comm. Development Srvcs Coordinator .................
Special Districts Coordinator .........................
Special Districts Analyst II ................,...........
Special Districts Analyst I . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Buildin~
Building Plan Check Engineer ........................
Supvr, Building Inspection ...........................
Building Plans Examiner ............................
Building Inspector .................................
Sr. Permit Specialist. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Permit Specialist ..................................
ill.!!.tr
Word Processing ..................................
Computer Time ............ . . . . . . . . . . . . . . . . . . . . . . .
FEE RATE
PER HOUR
$118.00
108.00
108.00
88.00
80.00
80.00
73.00
73.00
73.00
67.00
67.00
61.00
61.00
61.00
57.00
56.00
56.00
49.00
41.00
98.00
80.00
67.00
145.00
88.00
88.00
80.00
67.00
56.00
79.00
71.00
68.00
61.00
55.00
44.00
38.00
38.00
Consultation in connection with litigation and court appearances will be quoted separately.
Additional billing classifications may be added to the above listing during the year as new positions are
created.
The above schedule is for straight time. Overtime will be charged at 1.25 times the standard hourly rates.
Sundays and holidays will be charged at 1.70 times the standard hourly rates.
It should be noled that the foregoing wage rates are effective through June 30, 1991. The rates may be
adjusted after that date to compensate for labor adjustments and other increases in labor costs.
1547
\~--\F"--'
\'A/
COUNCIL AGENDA STATEMENT
Item I it:>
Meeting Date 4/2/91
ITEM TITLE:
Consideration of the reorganization of approximately 11. 88 acres of
uninhabited territory in the vicinity of the northeast quadrant of Interstate
805 and East "R" Street known as the "Cameo Development
Reorganization"
REVIEWED BY:
Resolution I~ "D Approving
Development Reo rg~an'zatio "
8/,.
Director of Planning 'J4'"
City Manager &
An original application was filed by landowner petition with the Local Agency Formation
Commission (LAFCO) by Cameo Development Co. (Martin R. Kolkey) for the reorganization
of approximately 11.88 acres involving annexation from the County of San Diego to Chula Vista
and detachment from the Bonita-Sunnyside Fire Protection District (BSFPD). Said application
was certified as sufficient on November 27, 1990, subsequent to City approval of a Tentative
Subdivision Map and prezoning for the property. The 11.88 acre area is situated to the east of
1-805 north of East "R" Street and immediately west of the Terra Nova subdivision (please see
Exhibit A), and is the site of the future 14 single-family home Lynndale Rills subdivision (CVT
90-6) approved by Council on November 13, 1990, under Resolution No. 15948.
the proposed "Cameo
SUBMITTED BY:
(4/Sths Vote: Yes_NoX)
A Negative Declaration for the project was issued by the City's Environmental Review
Coordinator in conjunction with Initial Study IS-89-84 in April, 1990. Said negative declaration
was reviewed and considered by LAFCO in their deliberations and approval.
On December 3, 1990, LAFCO considered the reorganization, and initially denied such based
on matters of land use density, sewering, and traffic. As provided by Government Code Section
56857, the applicant filed a request for reconsideration in order to adequately address
Commissioners' concerns. On February 4, 1991, LAFCO reconsidered the reorganization and
adopted a resolution (R090-2) making determinations and approving the proposal by unanimous
vote. In accordance with the provisions of the Cortese/Knox Local Government Reorganization
Act of 1985, LAFCO has designated the City of Chula Vista as conducting authority, and
authorized the City Council to conduct proceedings without notice and hearing.
RECOMMENDATION: That Council adopt the required form of resolution approving the
"Cameo Development Reorganization."
I ",~ ,
Page 2, Item A
Meeting Date 4/2/91
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Proiect
The reorganization is requested to facilitate construction of the 14 single-family home Lynndale
Hills subdivision (Chula Vista Tract 90-6). On June 12, 1990, the Council denied the original
17-unit project and companion pre-zoning request, and instructed the applicant to explore
additional solutions to address environmental and grading concerns. On November 13, 1990,
Council reconsidered the revised 14-unit proposal, which included a 4.7-acre open space
preserve to protect sensitive habitat, and approved the Tentative Map and pre-zoning to the
City's Residential Estate with Precise Plan modifier (REP) zone under Resolution 15948 and
Ordinance 2422 respectively.
General Plan/Zonine:
A subject of the original LAFCO denial on December 3, 1990, were questions raised regarding
the difference in allowable unit yields for the property between current County land use and
zonal designations under the Sweetwater Community Plan, and those approved by the City.
After analysis and input from both the City and County Planning Departments, it was determined
that the regulations are very similar, with the Sweetwater Community Plan designation of
Residential 3 (2 du/ac), the City General Plan designation of Low Density Residential (0-3
du/ac), County zoning of Rural Residential 1 (1 du/ac), and City pre-zoning to Residential Estate
with Precise Plan for 14 units (or 1.2 du/ac). The primary difference is that the County would
have required a planned residential major use permit to allow the 15,000 sq. ft. lots which are
under the 1/2 acre lot size normally permissible.
Municipal Services
The primary purpose of the reorganization is the provision of municipal services, such as
sewering, necessary to facilitate development of the approved subdivision. Also a subject of the
original LAFCO denial was the question of the ability of the County to provide sewer service
to the property. It was subsequently determined that Chula Vista is the only agency that can
efficiently extend sewer service, and the property is within the City's Metro Sewer Service
Sphere of Influence. The property is not within the Spring Valley Sanitation District, nor does
the District have accessible facilities near this project.
/1,..2..
Page 3, Item &
Meeting Date 4/2/91
During the Initial Study all other affected agencies and City departments such as Public Works,
Police and Fire were contacted, and all reported the ability to adequately serve the development
within standards established by the City's Thresholds and Growth Management Program, and
without an increase of manpower and/or equipment.
FISCAL IMPACT: Pursuant to the existing Master Property Tax Transfer Agreement, Chu1a
Vista will receive $1718 in base property tax revenue annually, and 19.3% of future tax
increment revenues generated from the area. The reorganization is not expected to have an
adverse economic impact on the City.
(CamRoorg)
1I,-3/"-lf
RESOLUTION NO. '11110
RESOLUTION OF THE CITY COUNCIL OF THE
CHULA VISTA APPROVING THE PROPOSED
DEVELOPMENT REORGANIZATION"
CITY OF
"CAMEO
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, an original application by landowner petition
was filed with the Local Agency Formation Commission (LAFCO) for
the reorganization of 11.88 acres involving annexation from the
unincorporated County to Chula Vista and detachment from the
Bonita Sunnyside Fire Protection District, which petition was
certified sufficient by LAFCO on November 27, 1990; and
WHEREAS, the 11. 88 acr e subject ter r itory is generally
located in the northeast quadrant of Interstate 805 and East H
street, and is more specifically described in Exhibits Band C
attached hereto; and
WHEREAS, the purpose of the reorganization is to
facilitate the provision of a full range of municipal services by
the City of Chula Vista necessary to serve the 14 unit
subdivision proposed for the property and approved by the City
Council under Resolution 15948; and
WHEREAS, on February 4, 1991, LAFCO adopted a resolution
making determinations and approving the proposed reorganization
(Reference No. R090-2); and
WHEREAS, pursuant to the provisions of the Cortese/Knox
Local Government Reorganization Act of 1985, LAFCO has designated
the City of Chula Vista as the conducting authority, and
authorized the City Council to conduct proceedings without notice
and hearing; and
WHEREAS, the property to be reorganized will not be
taxed for general bonded indebtedness of Chula Vista; and
WHEREAS, the regular County assessment roll shall be
utilized.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista approves the "Cameo Development
Reorganization" with boundaries as described in Exhibits Band C
(meets and bounds and plat map as approved by LAFCO, February 4,
1991) attached hereto, subject to the following:
1. The boundaries shall be modified to conform to
Exhibit B attached hereto.
1,-$
-1-
2. The boundaries of the territory described in Exhibit
B are definite and certain, and do conform to lines of assessment
and ownership.
3. The City Council does hereby approve the 11.88 acre
uninhabited reorganization pursuant to provisions of Division 3
of the Government Code.
4. The City of Chula Vista does hereby order said
reorganization.
5.
authorized
resolution
Code.
The City Clerk of the City
and directed to transmit a
in accordance wi th Section
of Chula Vista is hereby
certified copy of this
57200 of the Government
8694a
ax
Presented by
Robert A. Leiter, Director of
planning
'ty Attorney
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PROPOSED CAMEO DEVELOPMENT
REORGANIZA TION
vicinity map
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FEET
City of Chula Vlata Planning Dept.- March. 1991
/1.,,7
EXHIBIT A
R090-2
-CAMEO DEVELOPMENT REORGANIZATION"
ANNEXATION TO CITY OF CHlffiA VISTA
DETACHMENT FROM BONITA/FIRESIDE F.P.D.
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER;
1. THENCE NORTH 17047'18- WEST, 119.20 FEET ALONG THE EASTERLY LINE
OF SAID NORTHEAST QUARTER TO THE NORTHERLY LINE OF XI-SD-805, MAP
ON FILE IN THE OFFICE OF THE STATE DIVISION OF HIGHWAYS OF SAID
COUNTY, BEING THE TRUE POINT OF BEGINNING;
2. THENCE NORTH 84012'02- WEST, 442.88 FEET ALONG SAID NORTHERLY
LINE;
3. THENCE SOUTH 76058'25- WEST, 94.03 FEET TO THE CUSP OF A 70.00
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, BEING ALSO A POINT ON
THE EASTERLY BOUNDARY OF THE LAND TO LORRY W. HUTTON, ET UX, BY
FILE PAGE 54284, RECORDED APRIL 2, 1968, IN OFFICIAL RECORDS OF
SAID COUNTY;
4. THENCE ALONG SAID EASTERLY BOUNDARY THE FOLLOWING COURSES:
A. NORTHEASTERLY AND NORTHERLY, 92.58 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 75046'26";
B. TANGENT TO SAID CURVE, NORTH 0043'10" EAST, 106.98 FEET TO
A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE WESTERLY;
C. NORTHERLY AND NORTHWESTERLY, 141.84 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 40038'00";
D. NORTHWESTERLY IN A STRAIGHT LINE TO A POINT DESCRIBED AS
FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY LINE OF
SAID NORTHWEST QUARTER OF QUARTER SECTION 97, DISTANT
THEREON NORTH 71044'30" EAST, 693.50 FEET FROM THE
NORTHWESTERLY CORNER OF SAID QUARTER SECTION 97, SAID
POINT BEING THE EASTERLY TERMINUS OF THAT CERTAIN 20.00
FOOT ROAD EASEMENT AS RESERVED IN DEED FROM THE SAN DIEGO
LAND CORPORATION TO C. A. BOREN, RECORDED MARCH 6, 1918 IN
BOOK 745, PAGE 284 OF DEEDS, RECORDS OF SAN DIEGO COUNTY;
THENCE ALONG THE CENTER LINE OF THAT CERTAIN 40.00 FOOT
ROAD EASEMENT AS RESERVED IN SAID DEED TO BOREN AS FOLLOWS:
SOUTH 25021'00- EAST, 585.00 FEET; AND SOUTH 61040'00" EAST,
121.50 FEET TO A POINT OF THE NORTHERLY LINE OF THE SOUTH
HALF OF THE NORTHWEST QUARTER OF QUARTER SECTION 97, SAID
POINT BEING ALSO ON THE SOUTHERLY LINE OF PARCEL 4 OF PARCEL
MAP NO. 6001, FILED IN THE COUNTY RECORDER'S OFFICE OF SAID
COUNTY, MAY 26, 1977;
5. THENCE SOUTH 72013'17" WEST ALONG SAID SOUTHERLY LINE OF PARCEL
4 TO THE WESTERLY BOUNDARY THEREOF;
Page 1 of 2
EXHIBIT B
//,,.i
,
6. THENCE ALONG SAID BOUNDARY THE FOLLOWING COURSES:
A. NORTH 60021'21" WEST, 107.43 FEET;
B. NORTH 24002'21" WEST, 550.73 FEET TO A NON-TANGENT 180.00
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
C. NORTHEASTERLY, 34.94 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 11007'15";
D. NORTH 72015'39" EAST, 78.13 FEET TO THE NORTHWEST CORNER OF
LAND TO ROBERT T. FINNEY, ET UX, BY FILE PAGE 45648, RECORDED
FEBRUARY 7, 1984, IN THE COUNTY RECORDER'S OFFICE OF SAID
COUNTY;
10.
THENCE SOUTH 61027'48" EAST, 38.34 FEET ALONG THE WESTERLY LINE OF
SAID FINNEY LAND TO THE BOUNDARY OF SAID PARCEL 4;
THENCE SOUTH 40016'51" EAST, 45.79 FEET;
THENCE SOUTH 17047'03" EAST, 10.00 FEET;
THENCE NORTH 72015'39" EAST, 200.00 FEET;
THENCE NORTH 17047'03" WEST, 10.00 FEET;
7.
8.
9.
11.
12. THENCE NORTH 72015'39" EAST, 250.00 FEET TO THE EASTERLY LINE OF
THE NORTHWEST QUARTER OF SAID QUARTER SECTION 27;
13. THENCE SOUTH 17047'03" EAST (RECORD-SOUTH 17047'18" EAST), 1108.80
FEET ALONG SAID EASTERLY LINE TO THE TRUE POINT OF BEGINNING.
Page 2 of 2
Approved by the Local Alency Formetlon
Commission 01 San Diego
FEB - 4 1991
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EXHIBIT B
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NQCOR
SEe 97
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BOY. CITY OF CHULA VISTA
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I.!>proved by 1M Local Ageney formetlon
Commission of San OligO .
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. !-CAP 166CM 815).-RH~ DE LA NACION-POR QSEC 97
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MAPPING DIVISION L....Feo: RO 90-2
SAN DIEGO COUNTY ASSESSOR'S OFFICE AREA: II. 88 AC.
"CAMEO DEVELOPMENT REORGANIZATIONolo- B/L.' 592-100-30&.49
ANX, TO CITY OF CHULA VISTA
DETACH. FROM BON ITA/SUNNYSIDE F.P.D. THOMAS BROS: 70-A-1
II. ~//)
OATE: 2-15-90
SeAL.E: \"=400'
T.R.A. PAGE: &-J
OR"'WN BY' N, ZAMORA
COUNCIL AGENDA STATEMENT
Ke~",,-fl 0" It.." ,
Item 17
Meeting Date 4/2/91
SUBMITTED BY:
Termination of proceedings for the "El Rancho Vista Reorganization"
pursuant to majority l~otest of registered voters
Director of Plannin~ . f'
City Manager&' (4/Sths Vote: Yes_No..xJ
ITEM TITLE:
REVIEWED BY:
On February 26, 1991, the City Council, acting as the designated conducting authority, held a
duly noticed public hearing on the above reference reorganization pursuant to LAFCO's
resolution R090-13, and in accordance with the Cortese/Knox Local Government Reorganization
Act of 1985. Due to oral testimony from area residents at that hearing, Council continued the
hearing to March 12, 1991, to allow adequate opportunity for the filing or withdrawal of protest.
On March 12, 1991, Council held the continued hearing at which additional protests were
recognized, and at the conclusion of that hearing referred the matter of determining the value
of standing protests to the City Clerk. Based on the value of those protests, staff was to return
to Council on April 2, 1991, with the appropriate form ofreso1ution for adoption.
Pursuant to the Clerk's evaluation of protest validity, in conjunction with the Registrar of
Voters, it was determined that 52% of the voters in the affected area were in protest. In
accordance with the provisions of Section 57078 of the Government Code, the City, as
conducting authority, must abandon the reorganization proceedings where such a majority protest
exists. Section 57090 further provides that where proceedings are terminated by majority
protest, no substantially similar proposal may be filed for a period of one year.
RECOMMENDATION: That Council adopt the appropriate form of resolution ordering
termination of the reorganization proceedings pursuant to majority written protest of registered
voters.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In accordance with Section 57075 of the Government Code, Council must take one of three
actions on the reorganization based on the level of protest filed and not withdrawn. For this
inhabited registered voter district, those actions are:
17-1
Page 2, Item 17
Meeting Date 4/2/91
1. Order the reorganization without election if standing protests have been filed by either
of the following:
a. less than 25 % of the registered voters;
b. less than 25 % of landowners owning less than 25 % of the assessed value of land
within the affected territory.
2. Order the reorganization subject to election by registered voters within the territory if
standing protests have been filed by:
a. At least 25% of the number of landowners within the territory subject to the
reorganization who own at least 25 % of the assessed value of land within the
territory .
b. At least 25%, but less than 50%, of the registered voters residing within the
territory.
3. Terminate proceedings if the following majority protest condition exists in accordance
with the G.C.S. 57078:
a. 50 % or more of the registered voters residing in the territory.
While both landowner and registered voter protests were filed and analyzed, the City's action
must be based on whichever produces the greatest protest, or constitutes a majority protest in
conjunction with Section 57078. In this instance a majority protest exists, with 33 of 63
registered voters (52 %) signing protest petitions, as determined by the City Clerk and the
Registrar of Voters utilizing the voters' register as of March 12, 1991.
FISCAL IMPACT: None anticipated by these actions.
(ERVR<<ng.AI13)
11-2.
RESOLUTION NO. }l#UI
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TERMINATING CONDUCTING AUTHORITY
PROCEEDINGS FOR THE EL RANCHO VISTA
REORGANIZATION AS A RESULT OF RECEIVING
MAJORITY WRITTEN PROTESTS
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on February 26, 1991, the Ci ty Council of the
Ci ty of Chula vista as conducting author i ty in accordance wi th
the San Diego Local Agency Formation Commission I s (LAFCO)
Resolution No. RO-90-13, held a duly noticed public hearing on
the El Rancho Vista Reorganization pursuant to Government Code
Sections 57002, 57025 and 57026; and
WHEREAS, said hearing was held in accordance with
Government Code Section 57050; and
WHEREAS, the conducting authority continued said hearing
to March 12, 1991 pursuant to the authority contained in
Government Code Section 57050; and
WHEREAS,
reorganization as
and
written protests were filed to the proposed
provided under Government Code section 57051;
WHEREAS, the staff
determined the validity and
protests pursuant to Government
and 56710; and
of the conducting authority
appropriateness of said written
Code sections 57052, 56707, 56708
WHEREAS, staff of the conducting authority has
determined that 52% of all registered voters within the territory
of the proposed reorganization filed written protests in
opposition to the reorganization as they were permitted to do by
Government Code Section 57051; and
to Government Code section
reorganization proceedings in
a majority written protest
Section 57078.
WHEREAS, the conducting author i ty is required pursuan t
57075(a) (1) to terminate said
accordance with the provisions for
as contained in Government Code
NOW, THEREFORE, the City Council of the City of Chula
Vista does hereby resolve, order, determine and find as follows:
Section 1: The City Council does hereby find that 52%
of the registered voters within the territory of the proposed El
Rancho Vista Reorganization have filed written protests in
opposition to the reorganization.
-1-
(1-3
Section 2: That the proposed El Rancho Vista
Reorganization, referred to the conducting authority for the
purpose of conducting a protest hearing by LAFCO Resolution No.
R090-13, adopted by LAFCO on January 7, 1991, is hereby deemed
abandoned and terminated.
Section 3. As provided in Government Code section
57090, notice is hereby given that the no substantially similar
proposal for a change of organization or reorganization of the
same or substantially the same territory may be filed with LAFCO
within one year unless LAFCO determines that such a waiting
period is detrimental to the public interest.
Section 4: The City Clerk is hereby directed to file a
certified copy of this resolution with the Executive Officer of
the San Diego Local Agency Formation commission.
Presented by
as to
~
Robert A. Leiter, Director of
Planning
8676a
Bruce M.
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COUNCIL AGENDA STATEMENT
Item 18
Meeting Date 4/2/91
ITEM TITLE: Resolution .tl.U1.. Approving submission of FY 1991-92
Transportation Development Act (TDA) Article 4.5 and
Proposition A Claim for HandY trans operation
SUBMITTED BY: Director of Publ ic Works ~
REVIEWED BY: City Manager~ (4/5the Vote: Yes_No_XJ
The City of Chula Vista's FY 1991-92 Article 4.5 Claim to support HandYtrans
operation is required by State law to be submitted annually to SANDAG and
MTDB. The claim consists of $228,078 in TDA Article 4.5 funds and $25,082 in
Proposition A funds.
RECOMMENDATION: That Council approve submission of the FY 1991-92 Article
4.5 TDA and Proposition A Claim.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
The following is a breakdown of estimated operating costs and funding sources
for HandYtrans operation in FY 1991-92 based upon the prel iminary FY 1991-92
budget request:
Estimated Costs
$279,910
5.050
$284,960
Contractual Services
Other Supplies and Services
Tota 1
Estimated Income
$228,078
25,082
31.800
$284,960
FISCAL IMPACT: HandYtrans operation for FY 1991-92 is funded by TDA Article
4.5 funds, Proposition A funds, farebox revenue, and investment earnings.
TDA 4.5 Funds
Proposition Funds
Fare Revenue
WMG:fp/DT-005
WPC 1415T
Ii - I
RESOLUTION NO. 1~1I1...
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUBMISSION OF FY 1991-92
TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE
4.5 AND PROPOSITION A CLAIM FOR HANDYTRANS
OPERATION
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City of Chula Vista I s FY 1991-92 Article
4.5 Claim to support HandY trans operation is required by State
law to be submitted to SANDAG and MTDB by April 1, 1991; and
WHEREAS, the claim consists of $228,078 in TDA Article
4.5 funds and $25,082 in Proposition A funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve submission of FY
1991-92 Transportation Development Act (TDA) Article 4.5 and
proposition A Claim for HandY trans operation.
John P. Lippitt,
Public Works
8682a
D1rector of
ed as
~
Presented by
l~-z..
COUNCIL AGENDA STATEMENT
Item~
ITEM TITLE:
Resolution
FY 1991-92
Claim
Meeting Date 4/2/91
Jt.I':5 Authorizing SCOOT submission of
Transportation Development Act (TDA) Article 4.0
SUBMITTED BY:
Director of Public Works
rr/
REVIEWED BY: City Managed (4/5ths Vote: Yes_No-L)
The FY 1991-92 SCOOT Claim for TDA Article 4.0 funds to support Chula Vista
Transit (CVT) operations and capital procurements is required by State law to
be submitted annually to MTDB and SANDAG. The total SCOOT claim is
$2,706,150, consisting of $2,621,175 claimed against the City of Chula Vista's
apportionment for FY 1991-92 in the amount of $2,737,389 and $84,975 claimed
against the County of San Diego's TDA apportionment.
RECOMMENDATION: That Council authorize SCOOT Board submission of the FY
1991-92 TDA Article 4.0 claim.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The FY 1991-92 SCOOT claim consists of the following components:
City of County of
Chula Vi sta San Dieao T ota 1
Operations $1,815,025 $ 84,975 $1,900,000
Capi ta 1 806.150 0 806.150
Total $2,621,175 $ 84,975 $2,706,150
The $84,975 from the County's TDA account is for CVT service provided by
Routes 705 and new Route 711. The $2,621,175 is for the balance of SCOOT
operating and capital costs claimed against the City of Chula Vista's TDA
funds as contained in the preliminary FY 1991-92 SCOOT budget request. Also
included in this amount claimed is $23,000 for 50% share of Bayfront Trolley
Stat i on ope rat i ng costs next fi sea 1 year (the other 50% will be provided by
the County), and SCOOT's share of items contained in other City of Chula Vista
department budget requests. This claim, including prior year's unallocated
funds, wi 11 1 eave a balance in the Chul a Vi sta TDA account in the amount of
$4,638,166. The City's unclaimed funds may be used for future capital or
operations expenditures.
11-1
Page 2, Item
Meeting Date 4/2/91
The following is a breakdown of estimated SCOOT costs and income sources for
FY 1991-92.
Estimated Costs
$2,068,350
801,650
806.150
$3,676,150
Contractual service for CVT operation
Other supplies and services
Capital outlay
Total estimated costs (including supplemental budget
requests)
Estimated Income Sources
$ 940,000
2,706,150
30.000
$3,676,150
Fare revenue
TOA Article 4.0 funds
Investment earnings
Total income sources
The claim is based on estimated costs and income sources for FY 1991-92. The
claim is subject to modification due to: changes in the proposed FY 1991-92
SCOOT budget, and a di fference between actual and est imated SCOOT operat i ng
and capital costs, and revenues, in FY 1991-92.
FISCAL IMPACT: The FY 1991-92 TDA Article 4.0 claim contains no City of
Chul a Vi sta General Fund contri but ion. SCOOT ope rat ions and capi tal
procurements are funded by City of Chula Vista TDA Article 4.0 funds, County
of San Diego TOA Article 4.0 funds, farebox revenue, and investment earnings.
Fil e: OS-022
WPC 1419T
l~ .z..
RESOLUTION NO. It-IIi
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING SCOOT SUBMISSION OF FY
1991-92 TRANSPORTATION DEVELOPMENT ACT (TDA)
ARTICLE 4.0 CLAIM
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the FY 1991-92 SCOOT Claim for TDA Article 4.0
funds to support Chula Vista Transit (CVT) operations and capital
procurements is required by State law to be submitted to MTDB and
SANDAG by April 1, 1991: and
WHEREAS, the total SCOOT
of $2,621,175 claimed against
apportionment for FY 1991-92 in
$84,975 claimed against the
apportionment.
claim is $2,706,150, consisting
the Ci ty of Chula Vista I s
the amount of $2,737,389 and
County of San Diego's TDA
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby authorize SCOOT submission of
the FY 1991-92 Transportation Development Act (TDA) Article 4.0
Claim.
John P. Lippitt, Director of
Public Works
8681a
Presented by
y Attorney
lq-3
COUNCIL AGENDA STATEMENT
REVIEWED BY:
Item 2/)
Meeting Date 4/2/91
Resolution 11."4 Approving agreement between the City of
Chula Vista and SCOOT for^~~it service in FY 1991-92
Director of Public Works I//L/
City Managerq (4/5ths Vote: Yes_No-1L)
SCOOT was established in August 1979 as a joint powers agency between the City
of Chula Vista and the County of San Diego. SCOOT provides transit service to
both members and makes Transportation Development Act (TDA) claims against
each member's apportionment based on transit service provided. This agreement
specifies transit service provided by SCOOT in the City of Chula Vista.
ITEM TITLE:
SUBMITTED BY:
RECOMMENDATION: That Council approve this agreement for provision of
transit service by SCOOT in the City of Chula vista for FY 1991-92.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The SCOOT FY 1991-92 TDA claim must be submitted annually to SANDAG and MTDB.
The claim contains $2,621,175 claimed against the City of Chula Vista's total
FY 1991-92 TDA Article 4.0 apportionment of $2,737,389. The total Chula Vista
TDA balance (including prior years' unallocated funds) is $4,638,166. These
unallocated funds may be used for future capital or operations expenditures.
Chula Vista Transit (CVT) service in the City of Chula Vista during FY 1991-92
is estimated at 1,044,544 revenue miles, an increase of about 63% from FY
1990-91 due to service expansion approved by Council on March 19, 1991.
Except for updated costs and operating stat i st i cs est imated for FY 1991-92,
all other major provisions of the FY 1991-92 agreement are the same as the
FY 1990-91 agreement.
SCOOT must submit a copy of this agreement to SANDAG by July 1, 1991, in order
to release Chula Vista TDA funds for SCOOT operations in FY 1991-92.
FISCAL IMPACT: Following is a summary of TDA Article 4.0 funding to support
SCOOT operations in FY 1991-92.
FY 1991-92 SCOOT CLAIM
Citv Account
Countv Account
Operations
Capi ta 1
TOTAL
WPC 1418T
File: DS-022
$1,815,025
806.150
$2,621,175
$85,975
o
$84,975
Total
$1 ,900,000
806.150
$2,706,150
~IJ-I
RESOLUTION NO. I {,//4
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND SCOOT FOR TRANSIT
SERVICE IN FY 1991-92, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, SCOOT was established in August 1979 as a joint
powers agency between the City of Chula Vista and the County of
San Diego; and
WHEREAS, SCOOT provides transit service to both members
and makes Transportation Development Act (TDA) claims against
each member's apportionment based on transit service provided; and
WHEREAS, this agreement specifies
provided by SCOOT in the City of Chula Vista.
transit
service
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve an agreement with
between the City of Chula Vista and SCOOT for transit service in
FY 1991-92, a copy of which is on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
8683a
orm by
Presented by
John P. Lippitt, Director of
Public works
City 1\ torney
2f) .L
AGREEMENT BETWEEN
SOUTH COAST ORGANIZATION OPERATING TRANSIT
AND
THE CITY OF CHULA VISTA
FOR PUBLIC TRANSPORTATION SERVICES
FY 1991-92
THIS AGREEMENT is entered into by and between the City of Chula
Vista, hereinafter called "City", and the South Coast Organization Operating
Transit, hereinafter called "Operator".
RECITALS
WHEREAS, Operator wi 11 operate a publ i c bus transportation system
known as Chula Vista Transit (CVT) within the City of Chula Vista and its
immediate environs; and
WHEREAS, Operator and City are desirous of having Operator provide
transit service to areas within the jurisdiction of City; and
WHEREAS, Operator is unable to provide satisfactory and adequate
service to the citizens of City without the financial aid of City; and
WHEREAS, City recognizes the value of the service to be provided by
Operator to its citizens and is willing to contract with Operator to provide
transportation service through the incorporated area of City and within
certain designated locations therein; and
WHEREAS, SCOOT is an eligible transit operator to the extent
authorized by Section 99210 of the Public Utilities Code, and
WHEREAS, Public Utilities Code Section 99288 authorizes City and
Operator to enter into a contract for Operator to provide such public
transportat i on service in the incorporated area of the Ci ty and permi tt i ng
Operator, when such contract is entered into, to claim for local
transportat ion purposes from the Local Transportat i on Fund the apportionment
of the City, or so much thereof as may be agreed upon, in the manner provided
in Article 4 (commencing with Section 99260) of the Mills-Alquist-Deddeh Act
(Ch. 4, Pt. 11, Div. 10 of the Public Utilities Code); NOW, THEREFORE,
IT IS MUTUALLY AGREED between the parties hereto, upon the following
terms, covenants and conditions:
SECTION 1.
Public Bus Transportation System:
A. Operator hereby agrees to provide public bus transportation
services through and within the incorporated area of City for the benefit of
citizens of and visitors to City, upon routes set forth on attached Exhibit A.
2/) -..3
B. In the prOV1Slon of said transportation services along said
routes, Operator shall substantially adhere to the route, frequency of
operation and schedules of arrivals and departures set forth in said Exhibit A.
C. Operator shall perform one passenger count of passengers
boarding and departing the bus within the incorporated area in conjunction
with the San Diego Association of Governments counting program. This count
will be made for all schedul ed tri ps for a one week peri od, Monday through
Saturday. A report summarizing the results of this count will be submitted to
City no later than three weeks after count has been taken. Additionally,
Operator shall submit monthly passenger ridership and mileage counts, by
route, to City.
SECTION 2.
Consideration for Services:
A. As and for consideration for the foregoing services, City hereby
agrees that Operator, with authorization, may include in any claim filed or to
be filed for the FY 1991-92 with the Regional Transportation Planning Agency
in San Diego County under the provisions of Article 4 (commencing with Section
99260) of the Mills-Alquist-Deddeh Act (Chpt. 4, Pt. 11, Div. 10 of the Public
Util ities Code) an amount up to but not exceeding the apportionment to the
incorporated area of the City of Chula Vista.
B. It is hereby agreed by and between the parties that Operator
will provide all the services described in Exhibit A hereto from July 1, 1991,
to June 30, 1992, and that if Operator shall perform only a portion of such
services, Operator shall be entitled to actually receive from the Regional
Transportation Planning Agency only an amount equal to that percentage of the
total amount which the amount of service rendered bears to the total amount of
service, as determined by reference to Exhibit A and the period of time for
which any partial service is rendered.
C. In furtherance of paragraph B, Operator shall be entitled to
receive the consideration hereunder in twelve (12) equal payments starting on
July 1, 1991, and ending on June 30, 1992.
D. In the event that the amount allocated to Operator by the
Regi onal Transportation Pl anning Agency is insuffici ent to meet the cost of
services hereunder as set out in Exhibit A, Operator agrees to immediately so
notify City. City agrees in that event that this agreement shall be amended
to reduce the services hereunder or to pay to Operator from other sources the
amount necessary to meet the balance owing.
SECTION 3.
Vehicles to be Provided and Storage Thereof:
Operator agrees to provide an adequate number of units of buses of
the transit type subject to the approval of the Chula Vista Transit
Coordinator. Operator will serve the City of Chula Vista with twenty-nine
(29) bus units in FY 1991-92 which are hereby approved as the number and type
to be used in the service of intra-city bus transit. It is agreed that any
unit
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utilized will be clearly marked and identified as the Chula Vista Transit
Service and such units will contain route designation signs located in the top
front window compartment of each uni t and will constantly be used on the
respective route except in cases of bus breakdown or emergency maintenance.
It is further agreed that this and any other such designation approved by the
Chula Vista Transit Coordinator will be appropriately implemented by the
Operator and its employees. Operator will paint all coaches that will be
newly placed in Chula Vista Transit Service in the appropriate color scheme.
All identification, signs, insignia and colors to be used on the buses shall
be subject to the approval of the City. City agrees to provide at the City of
Chula Vista shops, located at the northwest corner of !IF" Street and Woodlawn
Avenue in the City of Chula Vista, necessary spaces for the storage and
maintenance of said units. Said spaces shall be designated and Operator shall
insure that no other area of the shops are used for said purpose and shall
exercise control over all of its employees to insure a maximum degree of
security for City of Chula Vista buildings and equipment subject to the
control of the Transit Coordinator of the City of Chula Vista.
Operator agrees that any and all basic and supplemental units which
are designated for use in the Chula Vista Transit operation and which are
permanently identified as such by distinctive colors, painted designs, signs
or other means will be reserved for exclusive use in said operation and will
not be used for hire by other persons, or groups of persons, company,
organization, etc. Operator further agrees that said vehicles will not be
operated on publ ic streets for any purpose other than required to operate,
maintain, repair, wash, 1 icense, fuel, shuttle, or other activity associated
with the normal operation of the Chula Vista Transit System unless
specifically authorized by the Transit Coordinator, or his designated
representative. Prior to leasing and/or acquiring any replacement or
additional vehicles used in Chula Vista Transit Service, Operator will notify
the Chul a Vi sta Trans it Coordi nator, or hi s des ignated representative. The
Chul a Vi sta Transi t Coordi nator wi 11 have the authori ty to inspect and/or
reject any buses proposed for Chula Vista Transit service based on industry
accepted operational/maintenance standards.
SECTION 4.
Insurance:
Operator shall carry and maintain in full force and effect throughout
the term of this Agreement, a public liability insurance policy with a single
limit of not less than TEN MILLION DOLLARS ($10,000,000). Operator will be
responsible for any deductible, and will be liable for such payment under any
insurance claim made naming City of Chula Vista and County of San Diego as
co-insureds, and a copy of such binder shall be filed with the City Transit
Coordinator before commencement of rendition of services hereunder. The
insured waives any right of subrogation against City which may arise by reason
of any payment under this pol icy. This is considered primary coverage for
additional insureds. Operator also agrees to secure and maintain during the
term of this Agreement, Worker's Compensation Insurance covering all employees
of Operator employed in the rendition of services hereunder, and shall furnish
City Transit Coordinator with Certificates evidencing that such insurance is
in effect.
-3-
~o-s
SECTION 5.
Audit:
The City Finance Director shall verify and report in writing, as soon
as possible after the first day of July, October, January, and April of each
fiscal year, to Operator and to the County of San Diego the amount of SCOOT
funds he holds, the amount of receipts since his last report, and the amount
paid out since his last report.
The City Finance Director shall either make or shall contract with a
certified publ ic accountant to make an annual audit of those accounts and
records of SCOOT within 180 days after the end of each fiscal year. The
minimum requirements of the audit shall be those prescribed by Section 6505 of
the Government Code as well as by Section 99245 of the Public Utilities Code.
The audit shall conform to generally accepted auditing standards. Within 180
days following the end of each fiscal year, a report of the audit covering
that fiscal year shall be filed as a public record with the Auditor of the
City of Chula Vista and County of San Diego. All costs of the audit shall be
borne by Operator and shall be a charge against any unencumbered funds of
SCOOT available for that purpose. Audits required by the Transportation
Development Act shall be undertaken in accordance with the requirements of
this Act. City may audit SCOOT records at any time during normal business
hours.
SECTION 6.
Indemnification:
A. City, its agents, officers, and employees, shall not be held
liable for any claims, liabilities, penalties, fines or for damage to any
goods, properties or effects of any person whatsoever, nor for personal
injuries to or death of them, or any of them, caused by or resulting from any
negl igent act or omi ss ions of Operator, not i ncl udi ng 1 i abil i ty by reason of
acts or omissions caused by City, its agents or employees; and Operator, its
agents, officers, and employees shall not be held liable for any claims,
liabilities, penalties, fines or for damage to any goods, properties or
effects of any person whatsoever, nor for personal i nj uri es to or death of
them, or any of them, caused by or resulting from any negl igent acts or
omissions of City, or its agents, employees, or representatives, not including
1 i abil ity by reason of acts or omi ssi ons caused by Operator, its agents or
employees.
B. Operator further agrees to indemnify, and save free and harmless
City and its authorized agents, officers and employees against negligent acts
or oml ss ions caused by Operator, and any cost and expenses incurred by the
respective parties on account of any claim therefor, and City agrees to
indemnify and save free and harmless the Operator and its authorized
representat ives and employees against negl igent acts or omi ssions caused by
City, its agents or employees, and any cost and expenses incurred by the
respective parties on account of any claim therefor.
C. It is contemplated by the parties that this indemnity agreement
is not limited in any way by the extent of any policy of insurance currently
in force and held by either party.
-4-
1/)-fI
SECTION 7.
When Rights and Remedies Not Waived
In no event shall any payment by City hereunder constitute or be
construed to be a waiver by City of any breach of conditions or any default
which may then exist or while any such breach or default shall exist in no way
impairs or prejudices any right or remedy available to City with respect to
such breach or default.
SECTION 8.
Integrated Document:
This document embodies the agreement between City and Operator for
the transportation service described herein and its terms and conditions. No
verbal agreements or conversations with any officer, agent or employee of City
prior to the execution of this Agreement shall affect or modify any of the
terms or obligations contained in any documents comprising this Agreement.
Any such verbal agreement shall be considered as unofficial information and in
no way binding upon City.
SECTION 9.
Severability of Provisions:
If any provisions of this Agreement are held inval id, the remainder
of this Agreement shall not be affected thereby if such remainder would then
continue to conform to the terms and requirements of applicable law.
SECTION 10. Term of Agreement:
The term of this Agreement shall be from July 1, 1991, to June 30,
1992.
SECTION 11. Termination:
It is understood and agreed that either party to this agreement may
cancel said agreement for reasonable cause (i.e., a failure by either party to
substant i ally perform in accordance wi th the terms and condi t ions of thi s
contract), by written notice. Said cancellation notice shall provide for
terminating sixty (60) days from the date of del ivery. It is understood and
agreed that during this period of time both parties shall work toward
satisfying the cause or reason(s) for the request for termination in a manner
mutually beneficial to the parties. If a mutual agreement cannot be worked
out, then all rights and obligations of the parties hereto shall forthwith be
extinguished and terminated at the termination of said sixty (60) day period.
In the event of termination by either party, as stated above, City's
liability hereunder will be limited to the pro rata share of the monthly
compensation for work or services performed prior to the effective date of
termination.
SECTION 12.
Independent Contractor:
Operator is, for all purposes arlslng out of this Agreement, an
independent contractor and no direct employee of Operator is, for any purpose
arising out of this Agreement, an employee of City.
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~IJ -1
SECTION 13. Equal Opportunity and Affirmative Action:
Operator shall be in compliance with all Equal Opportunity and
Affirmative Action Laws.
SECTION 14. Sale or Transfer:
Operator agrees that it will not sell, assign, or transfer in whole
or in part, any right, title, or interest it possesses by reason of this
agreement to any other person, without first obtaining the written consent of
City to such sale, assignment or transfer.
IN WITNESS WHEREOF, the
be executed by thei r respective
this day of
parties hereto have caused this Agreement to
representatives thereunto duly authorized on
, 1991.
THE CITY OF CHULA VISTA
SCOOT
Mayor of the City of Chula Vista
Chairman of SCOOT Board of Directors
Approved as to form by:
WL,tL~ V"~
SCOOT Attorney
?/~k
,
WPC 1420T
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EXHIBIT A
CVT PROJECTED SERVICE AND COST SUMMARY*
FY 1991-92
Route
701
through
711
Miles @$2.61/mile
1,044,544 $2,729,550
Passenoers
1,829,900
@$0.50/Dass. Net Cost
$914,525 $1,815,025
* Includes all service and costs for CVT operations in FY 1991-92 exceDt those
associated with County service on Routes 705 and 711.
WPC 1421T
J.IJ . ~
EXHIBIT A
CHULA VISTA ROUTE DESCRIPTION
FY 1991-92
ROUTE 701
Beginning at H Street Trolley Station., east on H Street, north on Fourth
Avenue, east on F Street, south on First Avenue, east on H Street, south on
Hilltop Drive, east on Rienstra Street, south on Melrose Avenue, Rancho Drive,
Regency Way, west on Otay Valley Road, west on Main Street, north on Fourth
Avenue, west on Anita Street, north on Industrial Boulevard, east on Palomar
Street, and into the Palomar Trolley Station.
Inbound Trip: Follows the same route in the opposite direction.
ROUTE 702
Beginning at the H Street Trolley Station, east on H Street, south on Second
Avenue, east on J Street, south on Hilltop Drive, east on L Street, south on
Melrose Avenue, west on Palomar Street, south on Hilltop Drive, west on
Quintard, north on Second Avenue, west on Palomar Street, and into the Palomar
Street Station.
Inbound Trip: Follows the same route in the opposite direction.
ROUTE 703
Beginning at the H Street Trolley Station, east on H Street, south on Third
Avenue, east on J Street, south on Lori Lane, south on Crest Drive, Oleander
Avenue, east on East Naples, north on Medical Center Drive to Chula Vista
Community Hospital, north on Medical Center Drive, west on East Naples, south
on Oleander, east on Sequoia, north on Brandywine, east on Orange Avenue,
Palomar Street, and into the Palomar Trolley Station.
Inbound Trip: Follows the same route in the opposite direction.
ROUTE 704
Beginni ng at the H Street Troll ey Stat i on, east to Fourth Avenue, south to
Naples Street, to Oleander Avenue, to Telegraph Canyon Road, to Southwestern
Coll ege.
Inbound Trip: Follows the same route in the opposite direction.
-1-
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ROUTE 705
Beginning at the BayfrontjE Street Station, north on Woodlawn, east on E
Street, east on Bonita Road, enter Plaza Bonita Road to Plaza Bonita Shopping
Center. Depart Plaza Bonita, exit on Plaza Bonita Road, east on Bonita Road,
south on Otay lakes Road, and enter Southwestern College.
ROOTE 706/706A
For Route 706, beginning at the H Street Station, east along H Street, north
on Fourth Avenue to C Street and southeast on C Street to Third Avenue, west
on J Street, north on Fifth Avenue, west on I Street, north on Broadway, west
of H Street to the H Street Station.
For Route 706A, beginning at the Bayfront Station on E Street, north on
Woodlawn Avenue, east on E Street, south on Fourth Avenue, west on I Street,
south on Fifth Avenue, east on J Street, north on Third Avenue to C Street,
northwest on C Street to Fourth Avenue, south on Fourth Avenue, west on E
Street, south on Woodlawn Avenue to Bayfront Station.
Route 706A Diversions to KOA Campground - On Third Avenue at D Street,
selective trips go east on D Street, north on Second Avenue to the KOA
Campground; and thence, south on Second Avenue, west on D Street to Third
Avenue where the route picks back up again.
Route 706A Diversions to Chula Vista Marina - At the Bayfront Station on
selective trips, go south on Woodlawn, west on F Street, south on Marina
Parkway, west on G Street, south on Sandpiper Way, east on Sandpiper Way,
north on Marina Parkway, west of G Street, north on Marina Parkway, east on F
Street, north on Woodlawn to the Bayfront Station.
ROUTE 707
Beginning at the H Street, east on East H Street, south on Pas eo Del Rey, east
on East J Street, south on River Ash, east on Blackwood Drive, south on Paseo
ladera, east on Telegraph Canyon Road, north on Otay lakes Road, and into
Southwestern College.
Inbound Trip: Follows the same route in the opposite direction.
ROUTE 70B
Beginning at the Bayfront Station, north of Woodlawn Avenue, west on E Street
to the Park and Ride lot at E Street and Bay Boulevard, and then west into the
Nature Interpretive Center compound along the access road.
Inbound Trip: Follows the same route in the opposite direction.
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PJ-tf
ROUTE 709
A.M. Trios
Beginning at the H Street Station, east on H Street, east on East H Street,
south on Otay lakes Road, east on Otay lakes Road, north on Eastlake Parkway,
east on Fenton Drive, north on Kuhn Avenue, south on Miller Drive, north on
Eastlake Parkway and into Eastlake Drive, north on lakeshore Drive and around
lakeshore Drive to Eastlake Drive, north of Eastlake Drive to East H Street.
Inbound Trip: Begins at intersection of EastLake Drive and East H Street,
west on East H Street, and to the H Street Trolley Station.
P.M. Trios
Beginning at the H Street Station, east on H Street, east on East H Street,
east on EastLake Drive to lakeshore Drive, north on lakeshore Drive and around
lakeshore Drive to EastLake Drive, south of Eastlake Drive and into Eastlake
Parkway, north on Miller Drive, south on Kuhn Drive, west on Fenton Drive to
Eastlake Parkway.
Inbound Tri p: Begi ns at intersection of Eastlake Parkway and Fenton Dri ve,
south on Eastlake Parkway, west on Otay lakes Road, north on Otay lakes Road,
west on East H Street, west on H Street to H Street Trolley Station.
ROUTE 711
Beginning at Southwestern College, north on Otay lakes Road, east on East H
Street, north on Corral Canyon Road, west on Central Avenue, west on Bonita
Road, north on Willow, west on Sweetwater Road, south on Mesa Vista Way, west
on Bonita Mesa Road north on Plaza Bonita Road, and enter Plaza Bonita
Shopping Center.
Inbound Trip: Follows the same route in the opposite direction.
WPC 142lT
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J.()../ z.
COUNCIL AGENDA STATEMENT
Item~
Meeting Date4/Z/91
Resolution 1t,t1S Approving a Reimbursement and
Ori gi nat i on Charge Agreement between the Ci ty of Chula Vi sta
and FN Projects, Inc. for all initial consulting and
admi ni strat i ve costs and expenses associ ated with formi ng a
public financing district for Salt Creek 1 public improvements
and an open space di stri ct and authori ze the Mayor to execute
said agreement
Resolution It.lltp Approving agreements with Muni
Financial Services, Inc., Kadie-Jensen, Johnson and Bodnar;
and Brown, Harper, Burn and Hentschke for Speci al Assessment
Services associated with Salt Creek 1 public facilities
improvements and open space and authorize the Mayor to execute
said agreements I ^^~
SUBMITTED BY: Director of Public Work~'V'
REVIEWED BY: City Manager~ (4/5ths Vote: Yes___No-X-)
FN Projects, Inc. (Baldwin Company) has requested the City to initiate
proceedings under the State 1913/15 Acts or the Community Facil ities Act of
1982 to finance the improvements of the public facilities associated with Salt
Creek 1 development. They have also requested the City to initiate
proceedings to form an open space district. FN Projects, Inc. has signed an
agreement providing for the advance of funds to pay for all initial
consulting, City administration, and appraisal expenses relating to the
formation of a public financing district subject to reimbursement by the City.
ITEM TITLE:
RECOMMENDATION: Adopt the resolutions and authorize the Mayor to execute
said agreements.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
FN Projects, Inc. (Baldwin Company) has requested to use public financing as
the method to finance the major public facilities within Salt Creek 1 such as
East H Street and the grading for a future north/south transportation
corridor. To accomplish this, they have requested that the City retain
consultants to investigate the feasibility of public financing and then
implement proceedings to use publ ic financing for the project. FN Projects,
Inc. has also requested that the City and their consultants analyze the
applicability of the Municipal Improvement Act of 1913 and Bond Act of 1915
for fi nanci ng the improvements. The approximate cost of improvements and
incidentals to be included in the assessment district is $6.4 million. This
is based on keeping all annual special taxes below one percent of the sale
price of the home.
A Feasibility/Financing Plan will be completed, as outlined in the
consultants I proposed agreement, to determi ne the method of fi nanci ng to be
used for this project. This study is scheduled to be done in three months.
21. I
Page 2, Iteml./ A.. 8
Meeting Date 4/2:191 .
Subsequent to this study, the consultants will work on assessment proceedings
to establ ish the district in accordance to the method recommended in the
Feasibility/Financing Plan.
Staff has selected a qual ified consultant assessment team through the RFP
process. In April of 1990, the City sent out a Request for Proposal s for
assessment engineering services. The City received five proposals and
subsequently held oral interviews with the following five assessment
engineering firms:
1. Willdan Associates
2. Muni Financial Services, Inc.
3. BSI
4. NBS/Lowry
5. Dudek and Associates, Inc.
From those interviews, City staff disqual ified one firm and placed the four
remaining firms on a qualified consultant list effective for two years. Staff
did not choose the top-ranked firm on the list because of that consultant's
current City workload and the desire to spread the work to other qual Hied
consultants. Staff chose the second-ranked firm, Muni Financial Services,
Inc. Their team is composed of the following:
1. Muni Financial Services, Inc. - Project Manager and
Assessment Engineer
2. Brown, Harper, Burns and Hentschke - Bond Counsel
3. Kadie-Jensen, Johnson and Bodnar - Financial Advisor
These proposed consultants have signed agreements to do the work outl ined.
Included in the agreement with MuniFinancial Services, Inc. is an optional
item whereby the consultant is authori zed to perform work to form an open
space di strict for Salt Creek I. The option provides the Ci ty with the
ability to form the district with City staff if workload is down.
It is also proposed that the City and FN Projects, Inc. enter into a
Reimbursement and Origination Charge Agreement whereby the developer agrees to
advance to the City funds to cover all costs relating to the formation of the
financing and the open space districts and pay a 1% origination charge for use
of assessment di stri ct fi nanci ng. FN Projects, Inc. will be reimbursed part
of thi s money from bond proceeds upon successful formation of a fi nanci ng
district. The open space costs and origination charge will not be reimbursed.
FISCAL IMPACT: FN Projects, Inc. will pay all costs and has deposited money
to fund initial consultant costs, City costs, and appraisal costs in
accordance with the proposed Reimbursement Agreement. If district proceedings
are completed, a one percent origination charge will be deposited to the
General Fund.
DDS/mad:AY082
WPC 5454E
~, -2,
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A REIMBURSEMENT AND
ORIGINATION AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND FN PROJECTS, INC. FOR ALL
INITIAL CONSULTING AND ADMINISTRATIVE COSTS
AND EXPENSES ASSOCIATED WITH FORMING A PUBLIC
FINANCING DISTRICT FOR SALT CREEK 1 PUBLIC
FACILITIES, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The City Council of the city of Chula vista does hereby
resolve as follows:
WHEREAS, FN proj ects, Inc. has requested the City to
initiate proceedings under the State 1913/15 Acts or the Community
Facilities Act of 1982 to finance the improvements of the public
facilities associated with Salt Creek 1 development and to initiate
proceedings to from an open space district, and
WHEREAS, FN Projects, Inc. has signed an agreement
providing for the advance of funds to pay for all initial
consulting, City administration, and appraisal expenses relating to
the formation of a public financing district for all initial
consulting and City administration expenses relating to the
formation of an open space district and has signed an agreement to
pay a 1% origination charge associated with assessment district
financing pursuant to Council.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve a Reimbursement and
Origination Charge Agreement between the City of Chula vista and FN
Projects, Inc. for all initial consulting, attorney, appraisal and
administrative costs and expenses for Salt Creek 1 public
improvements and open space district and a 1% origination charge,
a copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
Reimbursement Agreement for an on behalf of the City of Chula
vista.
Presented by
John P. Lippitt, Director
of Public Works
FNProjct.res
~1~3
RESOLUTION NO. , ~tlt,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENTS WITH MUNI
FINANCIAL SERVICES, INC.; KADIE-JENSEN,
JOHNSON AND BODNAR; AND BROWN, HARPER, BURN
AND HENTSCHKE FOR SPECIAL ASSESSMENT SERVICES
ASSOCIATED WITH SALT CREEK 1 PUBLIC FACILITIES
IMPROVEMENTS AND OPEN SPACE, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
The city Council of the city of Chula vista does hereby
resolve as follows:
WHEREAS, FN proj ects, Inc. has requested the City to
initiate proceedings under the State 1913/15 Acts or the Community
Facilities Act of 1982 to finance the improvements of the public
facilities associated with Salt Creek 1 and to initiate proceedings
to form an open space district; and
WHEREAS, in addition, FN Projects has signed an agreement
providing for the advance of funds to pay for all initial
consulting, attorney, City administration, and appraisal expenses
relating to the formation of a public financing district subject to
reimbursement by the City, and for all initial consulting and City
administration expenses relating to the formation of an open space
district.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve agreements with Muni
Financial Services, Inc.; Kadie-Jensen, Johnson and Bodnar; and
Brown, Harper, Burn and Hentschke for Special Assessment Services
associated with Salt Creek 1 public facilities improvements and
open space district, copies of which are on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
agreements for and on behalf of the cit of Chul vista.
Presented by
John P. Lippitt, Director
of Public Works
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The Baldwin Company
Craftsmanship in building since 1956
March 2, 1990
Mr. John P. Lippitt
Director of Public Works
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 92010
Dear Mr. Lippitt:
The Baldwin Company hereby requests the establishment of an
acquisition assessment or community facilities district for its
Salt Creek One project. The location of the. project requires the
construction of an extraordinary number of public facilities and
the use of a pUblic financing district would prove to be very
beneficial.
Attachment A lists public facilities and their estimated costs
which could potentially be included within the district. Also
shown are fees which could be included under the community
facilities district legislation.
Attachment B shows the calculation of the potential financing
capacity of the project assuming that all public financing debt
service would not exceed 1% of the assessed value of the homes
within the project.
As can be seen, the costs of the facilities substantially exceed
the debt capacity, and consequently, selectivity must be
exercised in formation of the district and designation of
facilities to be acquired by the district.
Construction of project improvements are anticipated to begin in
June, 1990 and completion is expected in late fall of 1990. Sale
of public facilities to the district is desired within that time
frame.
tJ...s
11975 E1 Camino Real . Suite 200 . San Diego, CA 92130 . (619) 259-2900
It is our understanding that the City of Chula Vista normally
selects a consultant team to help it establish public financing
districts and that the applicant is responsible for the cost of
the formation. We are agreeable to such an approach, but would
request the opportunity to comment on the consultants selected.
Your cooperation is greatly appreciated and we look forward to
working with you and your staff on this project.
Sincerely yours,
~H BALDWIN COMPANY
~
ames M. Harter
Vice President and Project Manager
Attachments
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VICINITY MAP
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FILE NO. -A Yo€;
OWN BY: DDS
DATE: .3- 28 91
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RBDIBlJllSI!lMI AND CIO:GDaTICfi ~ ~
'lliIS ~ is made an:l ent:ered into this day of ,
by am between the ClT'i OF 0IllIA VISD., a Fublic 1qercy of the state of
Califomia (hereinafter referred to as "Agency"), am !iN Projects, Inc., a
California OXporatioo (hereinafter referred to as "PLqlerty owner').
In;~~~A1.~
A. PLqlerty OWner CMlS certain real pzqlElrty that at this time is .....~
to be included within the bc:x.umries of a 14'~ District where the
1qercy woold be initiating ~~;'Y;JS under the provisialS of either
the ''M.mi.cipal lilpraveIIIent Act of 1913", being Divisial 12 of the
streets am Highways Code of the state of Califomia, or the "Mell~Roos
Camunity Facilities Act of 1982", being Qlapter 2.5, Part 1, Divisioo
2, Title 5 of the Gaverrmlent Code of the state of California
(hereinafter referred to as the "J\ss<)C~ District").
B. PLqlerty OWner CMlS certain real pzqlElrty within the bc:x.umries of a
14~ Open Space Maintenance District where the 1qercy woold be
initiating pl:OC""""Ii'Y;JS under the provisialS of City's Open Space
Maintenance District Ordinance (hereinafter referred to as the "Open
Space District").
C. PLqlerty OWner is in CIo:li....eu...nt to advan::ing fums to allow the 1lgercy
to pay for initial consulting am administratioo costs am expenses
related to said ~~iTXJS, said mnies being subject to reiJJbJrsement
or credit upon a S1lOOeSSful sale of l:x:n:ls.
D. '!he parties hereto wish to enter into an Agreement to provide for the
advancement of fums am reiJIbn:sement of credit for mnies previoosly
advanced.
AgBEEME.H~
'!he parties hereto, for lII.ltual CalSideratioo, agree as follows:
~oo 1.
'!he Prqlerty OWner shall advan::e lIDIli.es to the 1lgercy upon
demanl. to pay all costs for such consultants, attorneys am
staff administratioo as City deems nece5S'ary to study, evaluate
am if in City's discretioo it is deemed ~.L"""riate, to form
either district, am if said costs are not advanced, the City
shall be under no obligatialS to pl:ooess prq:lerty owner's
request to form an AS'5'~~'1t District, am same will not
pl:ooeed. '!he 1lgercy agrees to keep records to clearly show the
annmt of mnies advanoed for all preliminary consulting,
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SECTICfi 2.
SECTICfi 3.
SECTICfi 4.
administrative 8rd legal ecxpeI1 us 8rd any other preliminary
CXlI1SUltin;J or administrative sezvices, 8rd upa1 OCIIpletial of
the pto..~i1'XJS 8rd a SIX:>:- ~ful. sale of balds, PL~ty owner
can have the follcwin;J c.ptia'lS:
A. All JlD'lies, ~L oriqinatial Olarge ani ~ Space Wad<:
advaroed, may be re.iJd:m'sed in cash;
B. All JID'Iies, except oriqinatial Olarge ani ~ Space Wad<:
advaroed, may be cq:plied as a credit against any final
lien;
C. A ClCJIi:linatial of the al:xlve.
'!he CXlSts 8rd expenses advaroed shall pay for all
administrative eJCPElI'lSes, in::11Xlin3 staff time ani expenses, ani
those of CXlI1SUltants retained to perform ani :iJtplement the
pt~i1'XJS, toqet:lier with any other CXlSts 8rd expenses
~~":1ry for the initiatial of the p:t:o(""""'Ii~. P.rq;lerty
owner shall pay City an oriqinatial dlarqe as provided by
Resolutial No. 15897, Ordinance No. 2397 ani eam:::il EQlicy.
'!he JlD'lies to be advaroed shall be deposited ani advaroed to
the ~ p.xrsuant to the follcwin;J sdledule:
A. At the time of executial of this J\greement, for the
pn:pcsoo of the Feasibility/Financ:in:J Plan ani ~ Space
District, $78,000.00.
B. Prior to the ..............ylOE!llle1lt of any \I\::IIX relatin;J to the
1IcqUi.sitial J\greements by the ~ or CXlI1SUltant team,
P.rq;lerty owner shall deposit the anomt of $6,500.00.
C. Prior to the ccmnenoement of any \I\::IIX relatin;J to the
formatial of the Ass-~'1t District by the ~ or
consultant team, P.rq;lerty owner shall deposit the anomt
of $102,000.00.
If additional JlD'lies are neoeE'.."IY, the ~ shall mke
denan:l upa1 P.rq;lerty owner ani P.rq;lerty owner shall inmediately
thereafter, within five (5) workin;J days, deposit said JlD'lies
with the ~ to I:XNer the balance of the CXlSts ani expenses.
If for any reason the Assessment District is not fonned, there
will be no ooligatial al the ~ to reinbJrse P.rq;lerty owner
for any CXlSts ani expenses advaroed, ani the ~ does agree
to the follcwin;J:
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~OO5.
~OO6.
~OO7.
~OO8.
A. Rebtblrsement of art:! surplus maUes the 1qen::y has CI'I
deposit in ~9 of those ~ for final payment of
CD'lSUlt.irxJ serlices arP,Ior administrative tiJIle: am,
B. All ather fun:Js previously paid shall not be subject to
:reiJrbn:'sement .
All plans, L"T""- Ls, am ather preliminaJ:y <tv- """"ltatiCl'l as
prepared shall 00::> I,A the prcperty of the 1qen::y, regardless as
to whether either District is acbJally fonoed.
'lhi.s Agreement does not in art:! way create an ooligatiCl'l or
vestiJ'g that the Aqerr::y will dec-i&> to ..............d with either
district, am the Aqerr::y expnS'E'ly reserves the right to
aban:b1 the l'L' <-"Ii~ at art:! tiJIle prior to the cxn::l.usiCl'l of
the ~1ic hearirq.
Shoold Prqlerty OWner desire to aban:b1 pl:o..,.,...,..:ji~ for either
above-refaelloed District, Prcperty OWner shall provide written
notification to the Aqerr::y to i"""""'i"tely terminate all
consultirq agreements am use all efforts to minilnize arrj' am
all ather costs to be incurred by the Prqlerty OWner.
'lhi.s Agreement shall be bindin;J CI'I the s>~~ors am assigns
of the parties hereto.
IN wrrnESS WHEREOF, the parties have executed this 1lgl:eellle1.t CI'I the day am
year first hereinabove written.
kJ.'l=-r:
CITY OF CElIA VIS'l7\
..~..
City Clerk
City of ChulaVista
state of California
Mayor
City of Chula Vista
state of California
APPRJ\/ED 115 '10 FORM:
FN ~, INC., a
California tiCl'l
By:
City Attorney
City of Chula vista
state of California
Its: ~~ /.:.. M.:/-
~..I2.
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AGREEMENT
TIllS AGREEMENT is made by THE CITY OF CHULA VISTA, a municipal corporation,
herein called .City., andKADIE-JENSEN, JOHNSON & BODNAR MUNICIPAL FINANC-
ING CONSULTANTS, INC., a California corporation, herein called .Consultant". .
RECITALS
A. The City requires ongoing professional financing consulting services for proposed
Assessment District to finance facilities in the area known as. Salt Creek I (Baldwin),
herein referred to as the .project".
B. Consultant is ready, willing, and able to provide such services on a continuing basis.
C. City desires to contract with Consultant for such services.
NOW, THEREFORE, in consideration of the recitals and mutual obligations of the
parties hereto as herein expressed, City and Consultant agree as-follows:
BASIC SERVICES
I. CONSULTANT'S RESPONSIBILmES
Under the general direction of the City Manager or his designated representatives, Consultant
shall provide the City with all required professional financing consulting services for the
Project.
A. ~tion of Financine Plan.
Consultant shall:
1. Review and examine the City's various then current criteria with regard
to municipal financing, including lien ratio requirements, analyze tax rate
impact from the use of public debt financing and maximum annual tax.
2. Prepare a brief letter report to the City setting forth findings as to the
financial feasibility of the Project and making appropriate recommenda-
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tions as to proposed changes, if any, which are desirable to assure feasi-
bility .
3. Discuss each such Project plan with staff, and if so directed,property
owner(s) and make such changes as the property owner(s) may request
and the City may approve.
B. Analysis of Bond Marketing.
Consultant shall:
I. Analyze marketing methods appropriate to each Project:
a. Amount, type and quality of security, and
b. Existing and projected bond market.
2. Recommend to the City marketing format:
a. Competitive sealed bids, or
b. Negotiated sale
(I) Competitive negotiation, or
(2) Single underwriters negotiation
Based on the information available to date, competitive sealed bids will
be the recommended method of marketing, and the services herein pro-
vided are based on this method. Should the reCommended method be
changed, this Agreement would be modified accordingly. No increase in
fee would result from such modifications.
C. District Formation for Proiect
Consultant shall:
l. Work with the Assessment Engineer in developing the method of spread-
ing the assessment for the Project. This will assure that the appropriate
methodology has been considered in terms of its effect on bond market-
ing.
2. Attend such meetings of property owner(s) as directed by City.
3. Be available for any other meetings, hearings or consultations as may be
requested by City.
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D. Services Provided by Subconsultant
1. Services of a ()lIl1lified Appraiser: Consultant will retain the services of
a qualified appraiser to provide a current opinion of the fair market value
of individual parcels of property within the proposed assessment district.
The purpose of such appraisal is to demonstrate the relationship of the
lien (the amount of the assessment) to the value of the property being
assessed - the lien ratio. Lien ratio information will be incorporated in
the Official Statement. The appraisal assignment will be in two incre-
ments for the Project. The first increment will involve determining
approximate values within the proposed District for feasibility and will
cost approximately 25 % of the total appraisal fee. The second increment
will be the detailed appraisal for bond marketing. .
E. . Sale of Bonds
Consultant's services in marketing bonds for the Project by sealed competitive
bid shall include, but not be limited to, the following:
1. Prepare both a Preliminary and a Final Official Statement which would
comply with all current and future S.E.C. rules and regulations govern-
ing issuance of municipal securities including all current available infor-
mation useful to the prospective underwriters in evaluating the security of
the Bonds to be offered. Provide a minimum of ten of each both the
Preliminary and Final Official Statements to the City.
2. Assist Bond Counsel in preparing the Notice of Sale and arrange for
required publication.
3. Upon approval of the Notice of Sale and the Preliminary Official State-
ment by the City, mail the Preliminary Official Statement, the Notice of
Sale and a Bid form to a comprehensive list of prospective municipal
bond underwriters.
4. Personally contact individual underwriters to answer questions and stimu-
late strong competitive bidding.
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5. Undertake such other services and analyses as may be required or desir-
able to assure that the City receives the best possible bids on the bonds
being sold and fulfills its obligation for complete disclosure.
6. On the bond sale date, assist the City in opening and evaluating the bids
for the purchase of the bonds, and make a recommendation for award Qf
the bonds to the low bidder.
7. Prepare a Final Official Statement containing the results of the winning
bid and any additional information which may have come to light subse-
quent to the bidding period.
8. Attend such meetings of the City Council or Staff as directed by City.
9. Assist the City, as needed, to assure the timely delivery of bonds and
closing.
10. Be available for any other meetings, hearings or consultations as may be
requested by City.
II. CITY RESPONSIBILITIES
A. The City Manager will notify Consultant of administrative procedures required
for each Project and name representatives authorized to act in his behalf.
B. The City Manager will respond to and resolve all questions pertaining to the
formation of the assessment district.
C. The City Manager will provide, or cause to be provided, the services of a spe-
cial bond counsel for the Project.
D. The City Manager will provide, or cause to be provided, the services of an
assessment engineer for the Project.
E. . The City Manager will provide, or cause to be provided, the services of a Pr0-
ject Manager for the Project.
ID. PROJECT SCHEDULING
A. Consultant shall perform the services described in the financing plan of each
Project in conjunction with the times determined by Bond Counsel and the
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Assessment Engineer. The projected time schedules for the services are as fol-
lows:
1. Retain appraisal service within 15 days of approval of the agreement.
Preliminary appraisal to be completed 45 days thereafter.
2. Complete financing plan and feasibility letter within 75 days of contract
approval.
3. Complete bond marketing analysis within 75 days of contract approval.
4. Items under Section I, subsections C and E will be completed as directed.
IV. CONSULTANT'S COMPENSATION
City agrees to pay Consultant for Consultant's services faithfully rendered hereunder. Fees will
be charged either as a lump sum or on the basis of time and expenses spent on the Project at
the rate of $130 per hour but subject to maximum amounts set forth below.
FinancinC Plan. The maximum amount to be paid Consultant by the City for participa-
tion in the preparation of the financing plan as provided in Subsection A I of Section I
above shall be $3,500. This fee will be determined on a'time and expense basis.
Other Services. For the remaining services to be rendered in accordance with the terms
of this Contract, Consultant will be paid a lump sum of $30,000 contingent upon the
sale of bonds for the Project, subject to the following terms, conditions and exceptions:
A. In addition to any fees which may become due hereunder, Consultant will be
reimbursed, at cost, for any out-of-pocket expenses incurred for any of the
following purposes: printing and mailing of the Preliminary and Final Official
Statements and any accompanying documents required for the marketing of the
bonds; publication of the Notice of Sale; rating of the bonds; insurance obtained
for the Bond Issue; and the preparation of a Statement of Direct and Overlapping
Bonded Debt. The total amount of such reimbursement shall not exceed $12,500
for each Project for which Bond sale services are provided, except that such
maximum does not include Bond Rating or insurance which would be obtained
directly by the City with the assistance of Consultant. The reimbursement of the
foregoing expenses is not contingent upon or subject to the sale of bonds.
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B. If the sale of bonds is cancelled or postponed beyond one year from the date of
commencement of proceedings for such sale, or if this Contract is terminated for
any reason, Consultant shall be paid for services rendered at the rate of $130 per
hour and will be additionally reimbursed for any out-of-pocket expenses incurred
in connection with performing the services required by this contract, outside of
normal office overhead. : The maximum amount to be paid under this sub-
paragraph is $9,000.
C. Consultant will be reimbursed by City, at cost, for any appraisal report as pro-
vided for under Section I, Subsection D. Unless otherwise agreed with the City
prior to implementation of any such reports, the maximu~ amount to be paid by
the City for each the appraisal shall be $17,500. City will reimburse Consultant
for such expenses within thirty (30) days of receipt of billing. Such payments
will not be contingent upon or subject to the sale of bonds, nor will they be
included as a part of any fees or maximum fees in this agreement. (Consultant's
contract(s) with subconsultant are subject to City review and approval pursuant
to Section VI.)
D. Subject in each instance to authorization and direction of the City, Consultant's
maximum compensation under this Agreement will not exceed the following: .
Financing Plan $ 3,500
Bond Sales and Services 30,000
Reimbursement for Out-of-Pocket expenses 12,500
Reimbursement for Subconsultant 17.500
TOTAL MAXIMUM
$63,500
V. OWNERSHIP OF DOCUMENTS
All documents required by the terms of this Agreement shall become City property when
Consultant has been compensated as set forth herein.
VI. PROJECT CONSULTANTS
A. Subconsultants employed by Consultant for any Project shall be subject to prior
approval by the City Manager, both as to selection and compensation.
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B. City reserves the right to employ, at its own expense, any or all consultants, or
other personnel it deems necessary to complete the Project.
VII. GENERAL CONDffiONS
A. Professional Services. Consultant's professional services are being provided
according to the prevailing standard of practice normally exercised in the perfor-
mance of professional services of a similar nature in a similar locale.
B. Independent Contractors. Consultant and any subconsultants employed by Con-
sultant shall be independent contractors and not agents of the City hereunder.
Any provisions of the Agreement that may appear to give City the right to direct
consultant or subconsultants as to details of doing work or to exercise a measure
. of control over the work means that Consultant or subconsultants shall follow the
direction of the City Manager as to end results of the work only.
C. Assie:nment of A~reement. Consultant shall not assign this contract without
City's prior written consent. Any assignment by Consultant without City's prior
written approval shall be cause for termination of this Agreement at the sole
option of the City.
D. Attorney Fees. In the event that suit is brought upon this Agreement to enforce
its terms, the prevailing party shall be entitled to a reasonable sum as attorney
fees.
E. Remedies of City. In the event that (a) Consultant shall default in the perfor-
mance or fulf1llment of any covenant of condition herein contained on its part to
be performed or fulf1lled and shall fail to cure such default within ten (10) days
following the service of a written notice from the City Manager specifying the
default or defaults complained of and the date on which rights hereunder will be
terminated as hereinafter provided if such default or defaults is or are not cured;
or (b) Consultant sha1l f1le a voluntary petition in bankruptcy; or (c) Consultant
shall be adjudicated a bankrupt; or (d) Consultant shall make a general assign-
ment for the benefit of creditors, then, and in either or any of said events, City
may at its option without further notice or demand upon Consultant, immediately
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cancel and terminate this Agreement and terminate each, every and all of the
rights of Consultant and of any and all persons claiming by or through Consul-
tant under this Agreement. - The rights and remedies of City as hereinabove set
forth are cumulative only and shall in no wise be deemed to limit any of the
other provisions of this Agreement or -otherwise to deny to City any right or
remedy at law or in equity which City may have or assert against Consultant
under any law in effect at the date hereof or which may hereafter be enacted or
become effective, it being the intent hereof that the rights and remedies of City,
as hereinabove set forth, shall supplement or be in addition to or in aid of the
other provisions of this Agreement and of any right or remedy at law or in
equity which City may have against said Consultant.
F. Control and Administration of A~reement: Notices. Control and administration
of this Agreement is under the jurisdiction of the City Manager of City as to
City's interest herein and any communication as to the terms or conditions or
any changes thereto or any notice or notices provided for this agreement or by
law to be given or served upon City may be given or served by letter deposited
in the United States mail, postage prepaid, and addressed to the City Manager,
City Engineering and Administration Department, City of Chula Vista, 276
Fourth Avenue, Chula Vista, California 92010.
Any notice or notices provided for by this Agreement or by law to be given or
served upon Consultant my be given or served by depositing in the United States
mail, postage prepaid, a letter addressed to said Consultant at his principal place
of business or any other address which may hereafter be agreed upon by Consul-
tant and City, or may be personally served upon Consultant or any person here-
after authorized by Consultant to receive such notice. Any notice or notices
given or served as provided herein shall be effectual and binding for all purposes
upon the principals of the parties so served.
G. Chanl!es. City may from time to time require changes in the scope of the ser-
vices by Project Manager to be performed under this Agreement. Such changes,
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including any increase or decrease in the amount of Project Manager's compen-
sation, shall be effective as amendments to this Agreement only when executed
in writing by both parties.
H. Administrative Claims Reqpirement and Procedures. No suit shall be brought
arising out of this agreement, against the City, unless a claim has first been
presented in writing and is filed with the City of Chula Vista and acted upon by
the City of Chula Vista in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, the provisions of which are incorporat-
ed by this reference as if fully set forth herein.
IN WITNESS WHEREOF, this Agreement is executed by the City of Chula Vista,
acting by and through its City Manager, pursuant to Resolution No. authorizing such
execution, and by Consultant this _ day of , 1991.
THE CITY OF CHULA VISTA
KADIE-JENSEN, JOI:INSON & BODNAR
MUNICIPAL FINANCING
CONSULTANTS, INC.
By:
By, t?)~ {,~
Willoughby C. ohn! Vice President
Approved as to form:
By:
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SPBCIAL COUNSEL AGRBBMBNT
THIS AGREEMENT is made and entered into tllis day of
1991, by and between the CITY OF CHULA VISTA, CALIFORNIA, a public corporation (here-
inafter referred to as "City"), and BROWN, HARPER, BURNS & HENTSCHKE (hereinafter
referred to as "Counsel").
WHEREAS, City is desirous of considering various methods of financing, and the
feasibility thereof, for SALT CREEK I and the balance of the development, including
but not limited to the "Municipal Improvement Act of 1913", the "Mello-Roos
Community Facilities Act of 1982", Development Impact Fees or developer exactions;
and,
WHEREAS, City is desisrous of implementing the financing of the proposed improve-
ments; and,
WHEREAS, City is desirous of hiring special counsel to assist City in determining
the feasibility/financing plan and the implementation of the proceedings and bond
issuance for the project.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows.
SECTION 1. That Counsel shall perform legal services in connection with the
Feasibility/Financing Study and such proceedings as may result therefrom.
Said services shall include.
1. Assist in the preparation and/or review of any documentation and
reports relating to the financing plan.
2. Attend meetings, as required.
3. Assist in preliminary studies relating to the method and apportion-
ment of spreading the debt or fee obligation to assure compliance
with all applicable legal requirements.
4. Make recommendations as to required administrative and legal proceed-
ings for the purpose of implementing the financing plan.
5. Prepare all necessary ordinances, resolutions, notices and related
documents to implement any impact fees which may be a part of the
financing plan.
6. Provide all other necessary legal services relating to the prepara-
tion of the financing plan.
IMPLEMENTATION OF EACH DISTRICT
1. Preparation of all resolutions, notices, contracts, bond forms and
other papers and documents required in the proceedings.
2. Examination of the proceedings, step by step, as taken.
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3. Appear at all hearings required under the proceedings, and attend
any meetings where attendance is required.
4. Review the "Report" of the Engineer relating to the proceedings.
5. Review and examine the boundary map, diagram and other data showing
the area and boundaries of the District.
6. Review the method and formula utilized by the Engineer for the
apportionment of the assessment.
7. Make recommendations as to the sale of bonds, as required.
8. Instruction and advice in connection with any of the foregoing
services.
9. Issuance of an approving legal opinion attesting to the validity of
the proceedings and the issuance of any bonds.
10. Any and all other customary services relating to the formation of
the District and the issuance of bonds.
ACQUISITION PROCEEDINGS FOR EACH DISTRICT
1. Review of the cost estimate and description of the facilities
pertaining to any acquisition project.
2. Preparation and distribution of the acquisition agreement or
agreements.
3. Preparation of agreements between the City and public utilities for
any utility improvements to be acquired.
SECTION 2. That the City shall perform as follows.
A. Furnish to COunsel such maps, records, title searches, and other
documents and proceedings, or certified copies thereof, as are avail-
able and may be reasonably required by Counsel in the performance of
the services hereunder;
B. For services rendered, pay to Counsel fees computed as follows.
(1) For FEASIBILITY/FINAN9ING PLAN, Counsel shall be paid at the
hourly rate of $125.00 per hour for services rendered, not to
exceed $3,500.00.
(2) For IMPLEMENTATION OF EACH DISTRICT AND ACQUISITION PROCEEDINGS
FOR EACH DISTRICT, Counsel shall be paid a fee computed on the
confirmed assessment as follows.
ONE PERCENT (1\) of the first $1,500,000;
ONE-HALF PERCENT (1/2\> from $1,500,001 to $5,000,000;
ONE-QUARTER PERCENT (1/4\) from $5,000,001 to $10,000,000;
ONE-EIGHTH (1/8\> on the balance thereof.
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If temporary bond anticipation noteB are iBBued, the fee Bhall
be twenty-five percent (25%> of the fee aB above Bet forth, but
not leBB than $2,500.00, unleBB a different fee haB been
mutually agreed upon between the partieB.
C. Payment of either of the above-referenced feeB Bhall be aB followB:
All due and payable upon receipt of money from the Bale and delivery
of bondB and/or noteB to the succeBBful underwriter.
SECTION 3. In the event the proceedingB are terminated or abandoned prior to comple-
tion, CounBel shall be paid a reaBonable fee for BerviceB rendered to
date baBed on an hourly rate of $125.00 per hour, not to exceed
$5,000.00.
SECTION 4. ThiB Agreement contemplateB that CounBel shall pay all ordinary out-of-
pocket expenBeB incurred, including travel, telephone and copy, and the
only expenBeB to be billed to City would be extraordinary meBBenger
and/or overnight mail delivery serviceB.
SECTION 5. That thiB Agreement may be terminated by either party hereto by mailing
written notice thereof to the o~her party.
SECTION 6. No Buit Bhall be brought ariBing out of thiB agreement againBt the City,
unleBB a claim haB firBt been preBented in writing and filed with the
City of Chula ViBta and acted upon by the City of Chula Vista in accor-
dance with the procedureB Bet forth in Chapter 1.34 of the Chula ViBta
Municipal Code, the proviBionB of which are incorporated by thiB refe-
rence aB if fully Bet forth herein.
IN WITNESS WHEREOF, the partieB hereto have cauBed thiB Agreement to be executed on
the day and year firBt hereinabove written.
"CITY"
CITY OF CHULA VISTA
ATTEST.
MAYOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
"COUNSEL"
~~
F. MACKEN
JJ#~
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AGREEMENT FOR SERVICES
THIS AGREEMENT, entered into this day of ,
1991, by and between the City OF CHULA VISTA, a municipal
corporation (hereinafter referred to as "city"), and MUNI FINANCIAL
SERVICES, INC. (hereinafter referred to as "Consultant").
WITNESSETH
WHEREAS, The Baldwin Company has requested the City to perform
a Feasibility/Financing plan (hereinafter referred to as the "F/F
plan") and to implement findings and recommendations made therein,
for the SALT CREEK I development.
WHEREAS, the City desires to prepare the requested F/F plan
and to implement findings and recommendations contained therein,
and
WHEREAS, the City is desirous of retaining a Consultant to
prepare the F/F plan and coordinate all activities of the staff and
other retained consultants as it relates to the preparation of the
F/F plan and the continuing implementation of findings and
recommendations contained therein, and
WHEREAS, City is desirous of retaining Consultant to prepare
an Engineer's Report for the formation of an open space assessment
district to be formed under the City I S Open Space Maintenance
District Ordinance.
WHEREAS, Consul tant is experienced and familiar with all
aspects of infrastructure feasibility analysis, open space
maintenance districts, implementation methods, and is trained and
staffed for municipal, engineering, finance, and project
management, and is willing and capable of performing said
functions.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
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SCOPE OF SERVICES
section 1
Under the direction of the city Manager or his designated
representative, Consultant shall perform the following services:
A. FEASIBILITY AND FINANCING PLAN
The subject of the feasibility report will be the financing of
various public infrastructure improvements associated with the
buildout of SALT CREEK I. The purpose of the report will be to
analyze and recommend appropriate financing mechanisms for the
public facilities associated with the development. The report will
provide sufficient information to the property owners to enable
them to make a determination as to the desirability of financing
the proposed improvements by means of the various financing
procedures to be analyzed. The study will also enable the city to
make a determination as to the financial feasibility or
advisability of such findings.
The specific Scope of Work needed to complete the F/F plan consists
of the following:
Enqineerinq Services
1. Analyze available land use information, tentative maps,
conditions of approval, various public facility studies,
preliminary or final engineering plans, and cost estimates
received for the subject property from the City or developer.
2. Provide a description of each improvement to be included
in the financing plan. Descriptions are to be based on final
or preliminary engineering plans provided by the developer and
shall be of sufficient detail to allow preliminary cost
estimates to be performed.
3. In conjunction with the design engineer, analyze cost
estimates for each proposed facility, as well as estimates for
financing costs.
4. Prepare a map, or maps showing the facilities to be
financed.
5. Develop a preliminary spread methodology or allocation of
costs to each property on the basis of benefit received by
that property for the proposed improvements.
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6. Provide a preliminary assessment for each parcel or
similar group of parcels.
7. considering the benefit, facility, costs and method of
spread, determine the appropriate financing method to be used
for construction. Financing methods to be considered shall
include, but not necessarily be limited to: 1913/1915 Act
Assessment District.
8. Provide above information to financial consultant for the
purpose of preparing a preliminary value to lien ratio
analysis.
9. Prepare recommendations and deliver 20 copies of the
feasibility and financing plan which incorporates the above
information in a manner which will enable the property owner,
as well as the city to make a decision as to the feasibility
of utilizing the various available financing methods.
10. Meet with the property owners, their engineers, other
consultants, and the city staff periodically as needed, and
present the completed report to city staff for review.
proiect Manaqement services
11. In concert with city staff and the support consultants
retained by the City, establish a schedule for the completion
of the F/F plan.
12. Monitor the progress of the F/F plan and make bi-weekly
written status reports to the city.
13. Coordinate the activities of city staff and support
consultants in the collection of data and the preparation of
the F/F plan preparation process.
14. Call meetings as necessary to facilitate data review and
the F/F plan preparation process.
15. Prepare and distribute meeting notes.
16. Raise policy issues and make recommendations as required.
17. Review the draft F/F plan considering neighboring public
facility financing plans, the Growth Management Plan, and City
policy.
18. Coordinate the review of the draft F/F plan with City
staff and property owner.
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19. Make changes to the F/F plan as directed by the city.
B. IMPLEMENTATION PHASE
It is anticipated that the Feasibility and Financing Plan will
recommend the formation of a public financing district for the Salt
Creek Project I project.
The following Scope of Work assumes that 1913/1915 Assessment
Districts will be utilized to fund the improvements under
consideration. If a Community Facilities District is pursued
rather than an Assessment District, a Special Tax Report will be
prepared instead of an Engineer's Report.
Enqineerinq Services
1. In consultation with City staff, property owners, and
other consultants, using the feasibility report as a guide,
determine a boundary for benefiting parcels.
2. In consultation with city staff, property owners and
other consultants, using the feasibility report as a guide,
determine the improvements to be financed by the assessment
process.
3. Identify each
proposed Assessment
District Acts to be
parcel within the
District consistent
used.
boundaries of the
with the Assessment
4. Obtain the proper addresses of owners and prepare a
mailing list for required mailings. The mailing list shall be
alphabetical and cross-indexed to assessor's parcel numbers
which shall list parcels sequentially.
5. Prepare an Assessment District boundary map.
6. Receive and verify the quantities and cost estimates
provided by the design engineer for the facilities to be
constructed with public financing.
7. Determine the assessment methodology to be used in
accordance with the applicable provisions of State law.
8. Apportion the costs of the facilities in the form of
special assessments to be levied upon the parcels of land
within the District using the assessment methodology
determined above.
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9. Meet and consult with the property owners, during the
assessment spread process to ensure that those persons have a
clear understanding of the method of assessment spread prior
to public hearings.
10. Prepare and deliver 16 copies of the preliminary
Engineer's Report to include assessments upon and against the
parcels in the District for the total amount of estimated
costs and expenses of such work in proportion to the estimated
benefits to be received for each of the parcels within the
District.
11. Prepare and record the boundary maps, the assessment
diagrams, assessment roll, and notices for mailing.
12. Prepare the notices of public hearing.
13. Consultant will print and post improvement notices
throughout the District as required by law.
14. Attend all public hearings required by law for
establishment of the assessment district.
15. Answer property owners' questions before, during, and
after the public hearing.
16. Upon completion of the public hearings on the assessment
spread make such revisions to the spread as ordered by the
City Council.
17. Based on actual or bid construction costs and ci ty
Council direction, prepare and deliver 16 copies of the final
Engineer's Report of the assessments and assist in filing and
recording of the Engineer's Report as required by the streets
and Hiqhwavs Code or other applicable law.
18. Upon confirmation of assessments, prepare and mail notice
of assessments as required to all assessed property owners.
19. Prepare 30-day cash collection list and prepare and mail
confirmed Notices of Assessments.
20. Provide a floppy disk of assessment spread including APN,
assessment, and factors used in deriving benefit.
proiect Manaqement services
21. Based on the completed F/F plan, establish a schedule for
the completion of the proceedings through the bond sale.
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22. Monitor the progress of the proceedings and make bi-
weekly status reports to the city.
23. Coordinate the activities of city staff, property owner,
and consultants working on the proceedings.
24. Call meetings as necessary to facilitate the reviews and
approval of data and documents.
25. Assist and advise City staff in the implementation of
district proceedings.
26. Review documents and reports as required.
27. Attend City Council meetings as required.
C. ACOUISITION SERVICES
It is possible that the procedure used to construct the
proposed improvements would result in an acquisition type district.
Therefore, the improvements will be constructed using private
funding and acquired by the city using the 1913 Act proceedings and
1915 Act bonds. Following is a Scope of Work for the engineering
items necessary in the proceedings.
Enqineerinq Services
1. Observe all Bid Qpeninqs for compliance with City
requirements.
2. Prepare a
bids received
improvement.
list of quantities and unit prices based on
by the private party for the works of
3. Review all agreements between the City and the property
owners including the acquisition agreement.
4. Verify the final improvement quantities and associated
costs, including incidental expenses, which will be the
subject of acquisition and provide and incorporate the Final
Costs into the Engineer's Reports.
proiect Manaqement Services
5. Coordinate the activities of the support consultants and
the developer's engineer in the preparation of the list of
improvements to be acquired.
6. Coordinate the preparation of the acquisition agreement.
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7. Review the private contract bidding documents for
conformance to city requirements.
8. Coordinate the review of the private biding and contract
award process for compliance with City requirements.
D. ON-GOING ANNUAL ADMINISTRATION (OPTIONAL AT CITY REOUEST)
Following formation of the District or Acquisition of
Improvements, ongoing annual tasks will be needed to administer the
assessment district. The following optional services are offered
to assist the City in the administration effort:
1. We will establish procedures with the City to identify
pending applications for parcel splits and mergers. We will
prepare and record assessment diagrams and segregate the
original assessments.
2. We will also provide notification of assessment
apportionment to the underwriter. We will provide the County
Auditor with a report listing all parcel mergers and splits
that have occurred within the last year. Our standard report
displays the original parcel(s) and the new parcel(s), along
with the new assessment for each parcel and the date of the
transaction.
3. We will update the district databases on an annual basis
using parcels on record as of March 1st. We will prepare
estimates of administrative expenses, bank fees, and Reserve
Fund interest earnings to determine the total annual
assessment levy. These estimates will be submitted to the
County for review and approval.
4. We will provide assessment installment information,
formatted in the County's standard data configuration on 9-
track magnetic tape, to the County Auditor-controller.
5. We will continually monitor delinquencies and submit
periodic delinquency reports to the City.
6. We will notify delinquent property owners. We will send
two letters to the delinquent property owners in an attempt to
eliminate the delinquencies. We will also provide a list of
delinquent assessments requiring initiation of judicial
foreclosure or other legal proceedings. We will also
coordinate with designated legal counsel to pursue
delinquencies.
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7. We will prepare a Public Information Report summarizing
the information used to calculate the annual assessment
installments as well as identify the sufficiency of the funds
collected. This report will also include a summary of the
method used in apportioning the costs of the improvements.
8. We will field inquiries from property owners and other
interested parties regarding assessment proceedings and annual
installments.
9. We will also
installments for the
prepayment quotes.
10. We will be available to provide assistance related to
assessment proceedings to any County Department as needed.
provide projections of estimated
full term of the district or calculate
11. We will calculate the arbitrage rebate requirements for
each district on an annual basis.
12. We will assist the County with the early redemption of
bonds.
13. We will obtain the necessary recordation document numbers
for prepaid assessments and coordinate the recordation of the
release of lien on prepaid parcels.
E. OPEN SPACE DISTRICT FORMATION (OPTIONAL AT CITY REOUEST)
Provide optional assessment engineering services to produce an
Engineer I s Report to form the Salt Creek I Open Space District
consisting of the following services in conjunction with functions
performed by the city.
1. City will collect a petition from the property owner
requesting formation of an Open Space Assessment District
pursuant to the provisions of the City of Chula vista Open
Space Procedural Ordinance.
2. City will provide Consultant, or direct the applicant to
provide to Consultant, copies of applicable planning
documents, final maps which describe project timing, existing
and proposed land use, and landscaped features.
3. City will provide Consultant, or direct the applicant to
provide to Consultant, a detailed analysis of the costs
associated with the landscape construction and maintenance.
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4. Consultant will prepare boundary map of the open space
district including limits of any zones of benefit.
S. Consul tant will prepare an assessment roll which will
list properties by assessment number, assessor parcel number,
and assessment.
6. Consultant will prepare 16 copies of the preliminary
Engineer's Report which includes a preliminary spread of
assessment to benefitted properties.
7. Consultant will meet with and consult with the affected
property owner and City staff during the assessment spread
process.
8. Consultant will prepare and publish final Engineer's
Report of such assessments and assist in the filing and
recording of same as required by the maintenance district
proceedings (up to 20 copies of the final report).
9. Consultant will update the Engineer's Report for the
first annual levy.
10. Consultant will update the assessment roll reflecting any
subdivision activity for the first annual levy.
11. Consultant will prepare and deliver to the County of San
Diego Assessor's Office a magnetic type or disk containing the
levying data for the first annual assessment.
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SCHEDULE OF WORK
section 2
The following is the estimated schedule for the services to be
provided:
1. The F/F plan shall be commenced in March 1991 and be
completed in May 1991,
2. The public financing district shall be commenced in April
1991 and shall be completed by January 1992.
3. The commencement and completion dates contained herein
may be modified by mutual agreement of the parties hereto.
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FEE FOR SERVICE
section 3
Consultant shall perform the services as set forth in section 1 as
follows:
1. For services performed under section 1-A, (Feasibility
and Financing Plan) the lump sum fee of $15,500 payable in
monthly progress payments based on percentage of the work
completed.
2. For services performed under section 1-B, (Implementation
Phase) the lump sum fee of $44,500 per district, payable in
monthly progress payments based on percentage of the work
completed.
3. For services performed under section 1-C, (Acquisition
services) the lump sum fee of $6,500, payable in monthly
progress payments based hourly charge rates not-to-exceed the
maximum amount.
4. For optional services performed under section
going Annual Administration) the following fee
applies:
1-D, (On-
structure
Fixed Annual Fee per District
$ 3,500.00
$ 15.00
$ 100.00
(per del)
$ 1,250.00
(base fee)
$ 15.00
per parcel
(20 parcels
and greater)
Per Parcel Fee
Delinquency Follow-up
Amended Assessment Diagrams
and Segregation Report
Payoff Calculations
$ 25.00
(per request)
$ 1,500.00
(per bond yr)
Arbitrage Rebate
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We will provide any additional services at the then
current hourly rate as required. Our current hourly rates for
this project are shown below:
Directors
Senior Associates
Associates
Data Entry/Secretarial
Hourlv.Rate
$ 125.00
85.00
65.00
35.00
5. For services performed under Optional section 1-E, (Open
Space District Formation) the lump sum fee of $16,500, payable
in monthly progress payments based on percentage of the work
completed.
6. The cost of printing, reproduction, posting, publication,
noticing, advertising, mailing and postage, and other "out-of-
pocket" expenses where provided by Consultant shall be
reimbursed to Consultant at Consultant's direct cost, said
amounts not to exceed $6,000 per district (Section 1A through
10) based on current hourly rates above.
For services performed after December 31, 1991, the above
stated fees shall be increased by the same parentage increase
in the Consumer Price Index, San Diego all urban consumers
index, as of January 1 of each year.
Total remuneration for Consultant for the F/F plan,
special district, acquisition proceedings, and open space
district formation including the fully budgeted amount of
direct expenses for printing and noticing shall not exceed
$89,000, not including CPI adjustments.
SERVICES BY CITY
section 4
city agrees to furnish to Consultant, in a timely manner, such
maps, records and other documents and proceedings, or certified
copies thereof, as are available and may be reasonably required by
Consultant in the performance of these services.
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CONFLICT OF INTEREST
section 5
Consultant presently has and shall acquire no interest
whatsoever in the subject matter of this Agreement, direct or
indirect, which would constitute a conflict of interest or give the
appearance of such conflict. No person having any such conflict of
interest shall be employed or retained by Consultant under this
Agreement. Consultant shall provide a consultant disclosure form.
TERMINATION OF AGREEMENT FOR CAUSE
section 6
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner his/her 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 lease
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 shall, at the option of the city, become the property of
the city, and Consultant shall be entitled to receive just and
equitable compensation for any work satisfactorily completed on
such documents and other materials up to the effective date of
Notice of Termination, not to exceed the amounts payable hereunder,
and less any damages caused city by Consultant's breach.
The use by city of any unfinished documents, data, studies,
drawings, maps, reports or other materials shall be at City'S sole
risk and city shall hold harmless and indemnify Consultant from any
suit, loss, cost of defense, or liability resulting therefrom.
TERMINATION FOR CONVENIENCE OF CITY
Section 7
city may terminate the Agreement at any time and for any
reason by giving written notice to Consultant of such termination
and specifying the effective date thereof, at least thirty (30)
days before the effective date of such termination. In that event,
all finished and unfinished documents and other materials described
hereinabove shall, at the option of the City, become City's sole
and exclusive property. If the Agreement is terminated by the city
as provided in this paragraph, Consultant shall be entitled to
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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.
The use by City of any unfinished documents, data, studies,
surveys, drawings, maps, reports or other materials shall be at
city's sole risk and city shall hold harmless and indemnify
Consultant from any suit, loss, cost of defense, or liability
resulting therefrom.
ASSIGNABILITY
Section 8
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City which City may
unreasonably deny.
OWNERSHIP, PUBLICATION. REPRODUCTION AND USE OF MATERIAL
Section 9
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other material or
properties produced under this Agreement (collectively "instruments
of service") shall be the sole and exclusive property of the city.
No such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights, or
patent right by Consultant in the United states or in any country
without the express written consent of the city. City shall have
unrestricted authority to publish, disclose (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 instruments of
service on any other project without the prior written consent of
Consultant shall be at City's sole risk and City shall hold
harmless and indemnify Consultant from any loss, cost of defense,
or liability resulting therefrom.
14
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~...MFS
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L__----'
INDEPENDENT CONTRACTOR
section 10
City is interested 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 the
Agreement. city maintains the right only to reject or accept
Consultant's final work product as each phase of this Agreement is
completed. Consultant and any of 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.
CHANGES
Section 11
1. Reduction in Scope of Work
City may from time to time reduce the Scope of Work by
the Consultant to be performed under this Agreement
2. Additional scope of Work
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the General Duties and
Scope of Work ("Additional Services"), and upon doing so
in writing, Consultant shall perform same on a time and
materials basis at the rates set forth in section 3. All
compensation for Additional Services shall be paid
monthly as billed.
INSURANCE
Section 12
Consultant shall maintain, during the term of this Agreement,
the following insurance with companies and on terms satisfactory to
City:
1. Worker's Compensation and Employer's Liability Insurance
as prescribed by applicable law.
15
~, 4J.,..
~:,MFS
L._~
2. Comprehensive General Liability Insurance (bodily injury
and property damage) in the amount of $500,000 per occurrence
and annual aggregate.
3. Automobile bodily injury and property damage liability
insurance, the limits of which shall not be less than
$250/500,000 and $100,00 per occurrence respectively.
4. City shall be named as an additional insured on each of
the above policies.
5. Before
provide City
of the above
commencing work
with certificates
insurance.
hereunder, Consultant shall
or other documentary evidence
6. The insurance certificate shall contain an endorsement
stating that the limits of insurance apply separately to each
project away from premises owned or rented by consultants.
INDEMNIFICATION
Section 13
Consultant agrees to save, keep, and hold harmless the City of
Chula vista from all damages, costs, or expenses in law and equity
including costs of suit and expenses for legal services that may at
any time arise or be set up because of damage to property or injury
to persons received or suffered by reason of the operation of
Consultant which may be occasioned by an negligent error, act or
omission or intentional tortious conduct by Consultant, his agents,
subcontractors, employees, or servants in connection with his
services under this Agreement.
No suit 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 of Chula vista and acted upon by
the City of Chula vista in accordance with the procedures set forth
in chapter 1.34 if the Chula vista Municipal Code, the provisions
of which are incorporated by this reference as if fully set further
herein.
16
t,,,,/f)
"...".MFS
n~:'
ERRORS AND OMISSIONS
section 14
In the event that the City Engineer determines that the
Consultant's negligence, errors, or omission 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 in the plans or contract specifications, Consultant shall
reimburse city for the additional expenses incurred by the City
including engineering, construction and/or restoration expense.
Nothing herein is intended to limit City's rights under other
provisions of this Agreement,
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement on this day of , 1991.
THE City OF CHULA VISTA
CONSULTANT
/)~~
Mayor of the
City of Chula vista
David Keltner, Director
MUNI FINANCIAL SERVICES, INC.
ATTEST
City Clerk
Approved as to form by
city Attorney
17
1/1
fI"'~
[R;IMFS
L__~-.J
THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT
statement of disclosure of certain ownership interest,
payment, or campaign contributions, on all matters which will
require discretionary action of the part of the City Council,
Planning Commission, and all other official bodies. The following
information must be disclosed:
1.
List the names
the contract,
supplier:
of all persons having a financial interest in
i.e., contractor, subcontractor, material
MUNI FINANCIAL SERVICES, INC.
2. If any person identified pursuant to (1) above is a
corporation or partnership, list the names of all individuals
owning more than 10% of the shares in the corporation or
owning any partnership interest in the partnership:
Harry L. Clark
Linda Clark
3. If any person identified pursuant to (1) above is non-prOfit
organization or a trust, list the names of any person serving
as director of the non-prOfit organization or as trustee or
beneficiary or trustor of the trust:
NONE
4. Have you had more than $250 worth of business transacted with
any member of the city staff, Boards, Commissions, Committees
and Council within the past twelve months? Yes No -X-
5. Please identify each and every person, including any agents,
employees, consultants or independent contractors who you have
assigned to represent you before the City in this matter:
David Keltner
Sandra Neeley
6. Have you and/or your officers or agents, in the aggregate,
contributed more than $1,000 to a Council member in the
current or preceding election period? Yes ___ No -X-
18
t~
2/ ' 'fIiI,..
~MFS
Person is defined as: "Any individual, firm, co-partnership, joint
venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, this and any other
county, city and country, city, municipality, district or other
political subdivision, or any other group or combination acting as
a unit".
Date:
IJR I~
Signature of Contractor/Applicant
David Keltner, PE
Director, special Districts services
19
~/'.
COUNCIL AGENDA STATEMENT
Item n
SUBMITTED BY:
Meeting Date 4/2/91
Resolution 1t."7 Accepting bids and awarding contract to
MCR Electrical Contractors, Inc. for traffic signal
modification at Broadway and I Street; and installation of a
red flashing beacon at Hi~~~~ Drive and East Rienstra street
Director of Public Works [~V
City Manager~ (4/5ths Vote: Yes___No-X-)
On March 14, 1991, the Director of Public Works received sealed bids from six
(6) qual ified electrical contractors for the modification of traffic signals
at Broadway and I Street; and installation of a red flashing beacon at Hilltop
Drive and East Rienstra street. The lowest bid received was $62,024 from MCR
Electrical Contractors, Inc.
ITEM TITLE:
REVIEWED BY:
RECOMMENDATION: That Council adopt a resolution accepting the bids and
awardi ng the contract to MCR El ectri ca 1 Contractors, Inc. in the amount of
$62,024.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City Council, during it's regular meeting of December 11, 1990, approved
staff's recommendation to retain the all-way stop at the intersection of
Hilltop Dri ve and East Ri enstra Street and to defer the construct i on of a
traffic signal at this intersection until all traffic signal warrants are
met. As an added safety measure and due to possible visibility problem,
council directed staff to install a red flashing beacon for southbound traffic
on Hilltop Drive to warn motorists of the impending all-way stop.
The traffic signal modi fi cat i on at Broadway and I Street was approved in
fiscal year 1989-90 to include left turn phasing. At that time it was assumed
that the traffic conditions at this intersection, more specifically along
Broadway, would require a protected left turn-phase for the east and westbound
traffic. Staff has monitored traffic conditions at the intersection and have
concluded that the intersection will benefit more if a protective permissive
phasing along Broadway is installed. This type of operation allows vehicles
to make left turns during a fully-protected interval with a green arrow
indication, or to make the left turn with a circular green indication when
there are adequate gaps in opposing traffic. Permissive left turn phasing may
be either pre-timed or traffic actuated. An example of this operation may be
found at East "L" Street and Monserate Avenue.
Bids received from six (6) qualified electrical contractors are as follows:
1. MCR Electrical Contractor, Inc.
2. Knox Electric, Inc.
3. Lekos Electric, Inc.
4. Select Electric, Inc.
5. Steiny & Co.
6. D&H Perry, Inc.
$ 62,024
$ 67,190
$ 68,339
$ 73,160
$ 82,399
$ 84,223
~
~~-,
Page 2, Item ~~
Meeting Date 4/2/91
The low bid of $62,024 is below the engineer's estimate of $89,400 for the
work at both intersections.
FINANCIAL STATEMENT:
1. Total funds available for project:
a. Broadway and I Street
b. Hilltop Drive and East Rienstra Street
TOTAL
$ 99,126
S 65.800
$164,926
2. Total funds required for project:
a. Construction
Broadway and I Street
Hilltop Drive and East Rienstra Street
b. Contingencies (20%)
c. Staff time
TOTAL
$ 56,161
S 5,863
$ 12,405
$ 17. 500
$ 91,929
FISCAL IMPACT: Routine City maintenance and energy cost.
ZO:BR-039; BR-042
WPC 5525E
'-% - 2.
RESOLUTION NO. 1~/l7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT TO MCR ELECTRICAL CONTRACTORS, INC.
FOR TRAFFIC SIGNAL MODIFICATION AT BROADWAY
AND I STREET; AND INSTALLATION OF A RED
FLASHING BEACON AT HILLTOP DRIVE AND EAST
RIENSTA STREET
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the following six bids were received and opened
at 2:00 p.m. on the 14th day of March, 1991, in Conference Room 5
of the Public Services Building of the Ci ty of Chula vista for
traffic signal modification at Broadway and I Street and
installation of a red flashing beacon at Hilltop Drive and East
Rienstra Street:
MCR Electrical Contractor, Inc.
Knox Electric, Inc.
Lekos Electric, Inc.
Select Electric, Inc.
Steiny & Co.
D&H Perry, Inc.
I 62,024
67,190
68,339
73,160
82,399
$ 84,223
WHEREAS, it has been recommended that said contract be
awarded to the lowest responsible bidder, MCR Electrical
Contractor, Inc., who has assured the City that they are a
licensed contractor in the State of California and can produce an
acceptable performance bond.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista has reviewed the specifications for the
construction of said project and does hereby approve same.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista does hereby accept said six bids, and does hereby
award the contract for said traffic signal modification at
Broadway and I Street and installation of a red flashing beacon
at Hilltop Drive and East Rienstra Street to MCR Electrical
Contractor, Inc. in the amount of $62,024 to be completed in
accordance with the specifications as approved by the Director of
Public Works of the City of Chula Vista.
BE
Chula Vista
contract for
IT FURTHER RESOLVED tha t the Mayor of the Ci ty of
is hereby authorized and directed to execute said
and on behalf of the City of Chula Vi ta.
John P. Lippitt,
Public works
8684a
Director of Bruce M. Boogaard, C ty Attorney
Presented by
~"'3
!HMQRAN.!!!!.M
DATE: March 20, 1991
TO: John Goss, City Manager
Bruce Boogaard, City Attorney
Lyman Christopher, Director Of Finance
Beverly Authelet, City Clerk
Roberto Saucedo, Senior Civil Engineer
FROM: John Lippitt, Director of public Works
SUBJECT: Resol ut ion - Accept i ng bids and awardi ng contract to MCR El ectri cal
Contractors, Inc. for the traffi c signal modi fi cat i on at Broadway
and I Street; and installation of red flashing beacon at Hilltop
Drive and East Rienstra street.
Funds Available for Project
a. Broadway and I St
(600-6005-TF205)
Staff time
$ 86,626
$ 12,500
b. Hilltop Dr. and East Rienstra St.
(600-6005-TF214B)
Staff time
Tota 1
$ 60,800
$ 5.000
$164,926
Funds Reouired for Construction
a. Broadway and I St.
20% Contingency
b. Hilltop Dr. and E. Rienstra St.
20% Contingency
Total
$ 56,161
$ 11.232
$ 67,393
$ 5,863
$ 1.173
$ 7,036
$ 74,429
Total
GRAND TOTAL
lO:BR-039; BR-042
WPC 5526E
~1.-S
THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters
which will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
1. Ust the names of all persons having a financial interest in the contract, i.e., contractor,
subcontractor, material supplier;
~~ e.\.eC:tC2.\~ ~""C?~. I~ .
f
^
2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in thejlartnership.
C' ADI O'!!!oo ~""M\'tILE'Z- So"?..
t-.\..........u.1 C:r. ~M\~ ~,.,
3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names
of any person serving as director of the non-profit orgamzation or as trustee or beneficiary or
trustor of the trust.
~~c
to,
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees and Council within the past twelve months? Yes
No L If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants or independent
contractors who you have assigned to represent you before the City in this matter.
No~€
.
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No y..-' If yes, state which
Councilmember(s ):
Person is defined as: "Any individual, jiml, co-partnership, joint venture, association, social club, fraternal organization, corporation,
estate, trust, receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision,
or any other group or combination acting as a unit."
Date:
"? \0\.'9\
~, \~~.
(NOTE: Attach additional pages as necessary)
[A-113\A:DISCLOSE.TXT]
Signature of ntractor/applicant
~MZnt-.l b. ~"\.uz. . 'IlU:".~\PE:NT
Print or type name of contractor/applicant
[Revised: 11/30/90]
1.2..(,
",_""",,,~,",,,..t,";'_~'''''~'''_''''''''''''_'_.
COUNCIL AGENDA STATEMENT
Item 2.3
Meeting Date 4/2/91
ITEM TITlE: Resol ut i on Iii tiff Authori zi ng expenditure of $2,000 from
Council Cont i ngency Fund to defray costs associ ated wi th the
proposed welcome home activities for Desert Storm participants
SUBMITTED BY: Director of Parks and Recreatio~
City Manageg;
At the Council meeting on March 19, 1991, staff was directed to return with a
proposal to provide funds that would serve to defray costs associated with the
proposed welcome home activities for Desert Storm participants.
(4/5ths Vote: Yes___No-x-)
REVIEWED BY:
RECOMMENDATION: That Council approve reso 1 ut i on whi ch authori zes
expenditure of $2,000 from the Council Contingency Fund for support of the
welcome home event.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
At the City Council meeting on March 19, 1991, the City Council requested that
staff return with a proposal to provide funds to help defray costs that might
be associated with the proposed welcome home activities for Desert Storm
part i ci pants. The event is tentatively schedul ed for July 4, 1991, and may
include a parade as part of the festivities. The funds would serve as seed
money to help offset personnel and supply expenditures incurred in support of
the event. As planning of this event develops, additional funds may be
requested.
FISCAL IMPACT: Appropriated funds are available in the Council Contingency
Fund.
WPC 1624R
tJ ' I
RESOLUTION NO. 1I,lIf
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORI ZING EXPEND ITURE OF $2,000
FROM COUNCIL CONTINGENCY FUND TO DEFRAY COSTS
ASSOCIATED WITH THE PROPOSED WELCOME HOME
ACTIVITIES FOR DESERT STORM PARTICIPANTS
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, at the City Council meeting on March 19, 1991,
staff was directed to return with a proposal to provide funds
that would serve to defray costs associated with the proposed
welcome home activities for Desert Storm participants; and
WHEREAS, the event is tentatively scheduled for July 4,
1991, and may include a parade as part of the festivities; and
WHEREAS, the funds would serve as seed money to help
offset personnel and supply expenditures incurred in support of
the event.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby authorize expenditure of
$2,000 from the Council Contingency Fund to defray costs
associa ted wi th the proposed welcome home acti vi ties for Desert
storm participants.
Approved as to form by
""~ ~:g:r::y
Attorney
Presented by
Jess Valenzuela, Director of
Parks and Recreation
8679a
13..2...
COUNCIL AGENDA STATEMENT
Item ~..,
ITEM TITLE:
Resolution ,,,'''
Associates Inc. to
design revisions
Improvement Project
Director of Parks
City Manager9f
Meeting Date 4/2/91
Ratify First Amendment with Nordquist
provide construct i on support servi ces and
for Sweetwater-Rohr Community Park
Recreat i on~.
SUBMITTED BY:
REVIEWED BY:
and
(4/5the Vote: Yes___No-x-)
The Sweetwater-Rohr Community Park improvement project was interrupted after
construction commenced on January 14, 1991. The delay was necessary in order
to address concerns expressed by cit i zens and Council to the approved pl an.
Subsequent revi si ons approved by Council requi red several revi s ions to the
original construction documents and an amendment to the agreement.
REClH4ENDATION: That Council ratify the First Amendment to the agreement
with Nordquist Associates Inc..
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City Council approved an agreement with Nordquist Associates Inc. in June
1988 to develop construction documents for the Sweetwater-Rohr Community Park
Master Plan. The consultant completed the scope of services as required in
the agreement and final plans were approved by the City in September 1990.
The project was advertised for construction in October 1990 and a contract was
awarded to the lowest responsible bidder on November 20, 1990. An order to
commence work was issued to begin work on January 14, 1991. At this time, the
City requested a proposal from Nordquist Associates Inc. to provide a proposal
for construction support services as specified in the original agreement under
Sect i on IV. D. 2. Nordqui st submitted a proposal for $13,500 to provi de thi s
service on a time and materials basis to oversee the construction project
(Attachment "A").
After the contractor began work on January 14, 1991, the project was
temporarily stopped at Council's request to evaluate certain aspects of the
project, i.e., grading, tree removal, storm drainage proposed. Council
directed staff to work with a concerned community group and the consultant to
reexamine certain elements of the original plan in order to arrive at a
compromi se posi t ion. Extens i ve studi es, reports and graphi cs were performed
by the prime consultant and his subconsultants to develop a revised plan that
was satisfactory to the concerned community group. Council approved the
revised report on February 19, 1991 and authorized the City manager to approve
change orders that are necessary for revisions to expedite the project and to
avoid further delay and possible penalties. The revised plan reduced the
amount of grading to Fort Apache Hill, relocated one ballfield out of the
floodplain, and reduced the fill grade for the ballfield.
~~-I
Page 2, Item~
Meeting Date 4/2/91
Nordquist Associates Inc. submitted a proposal for the change order to prepare
the necessary plan reV1Slons (Attachment "8"). The proposal includes
revi si ons to fifteen (15) sheets of the construction documents. The total
cost of these revisions is $23,400 which includes all of the previous reports,
studies done after the project was halted. A written authorization with the
City Manager's office approval was issued on March 4, 1991.
The total additional services required to complete the Sweetwater Rohr
Community Park Improvement Project i ncl ude $13,500 for construction support
services, $23,400 for the design revisions and $1,500 for reimbursables.
These amounts do not include other future financial penal ities that may be
incurred as a result of project delay. The City Attorney, staff from Parks
and Recreation and Engi neeri ng Inspection have been meeting wi th the
contractor, Ki rchnavy Construct i on, to reach an agreement on whether or not
the City should pay delay penalties. The Department will inform Council about
the status of these discussions in the near future.
FISCAL IMPACT: Funds are available in Account No. 600-6000-RC44/Rohr Park
Improvement Project to fund this expenditure.
WPC 1621R
~'l - 2...
RESOLUTION NO. I~'"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING FIRST AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
NORDQUIST ASSOCIATES, INC., AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AMENDMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on April 12, 1988, the City of Chula Vista, a
municipal corporation ("City") and Nordquist Associates, Inc., a
California corporation ("Architect") for the provision of
professional landscape architectural services to the City, and
WHEREAS that agreement contemplated
of more specific details with regard to
Architect of construction support services, and
future negotiation
the provision by
WHEREAS on February 12, 1991, the City Council made some
design revisions requiring a change order to the existing
agreement to provide for new design documents in accordance with
the revisions, and
WHEREAS it is now desirable to
suppor t services requi red by Ci ty
Sweetwater-Rohr Park project.
specify the construction
of Architect for the
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby ratify the First Amendment to
Agreement between the Ci ty of Chula Vista and Nordquist
Associates, Inc. for the provision of design revisions and
construction support services, a copy of which is on file in the
office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of
Chula Vista is hereby authorized and directed to
First Amendment on behalf of the City.
the Ci ty of
execute said
Presented by
Approved as to form by
Bruce
Jess Valenzuela, Director of
Parks and Recreation
8656a
t~..312".'"
FIRST AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND
NORDQUIST ASSOCIATES, INC.
WHEREAS, on April 12, 1988, the City of Chula Vista, a
municipal corporation ("City") and Nordquist Associates, Inc., a
California corporation ("Architect") for the provision of
professional landscape architectural services to the City, and
WHEREAS that agreement contemplated future negotiation
of more specific details with regard to the provision by
Architect of construction support services, and
WHEREAS on February 12, 1991, the City Council made
some design revisions requiring a change order to the existing
agreement to provide for new design documents in accordance with
the revisions, and
WHEREAS it is now desirable to specify the construction
support services requi red by Ci ty of Architect for the
Sweetwater-Rohr Park project.
NOW THEREFORE the parties mutually agree as follows:
1. paragraph II, "Term", is amended to
term of this agreement shall be for the
1988 to October 1, 1991. Undue delays
processing may be cause for the City
extension of this agreement.
read as follows: "The
period from April 12,
in City approvals and
Manager to authorize
2. Subparagraph A of Paragraph IV, "Fees and Payment Schedule",
is amended to read as follows:
A. The fee for services rendered shall be the flat fee amount of
$143,250.00, for services provided up to February 12, 1991. The
fee for services for design revision plans prepared after
February 12, 1991 shall be the flat fee amount of $23,400.00.
For construction support services as set forth in Section D2 of
this paragraph, Architect shall be paid on a time and materials
basis, not to exceed $13,500.00, plus up to $1,500.00 in
reimbursables as set forth in Section C of this paragraph.
Hourly rates for civil engineering, electrical engineering and
architect construction support services shall be as follows:
i4-s
Principal Landscape Architect - $78.00 per hour; Principal Civil
Engineer - $80.00 per hour; Senior Civil Engineer - $78.00 per
hour; Civil Engineer - $63.00 per hour; Design Engineer - $57.00
per hour; Landscape Architect - $55.00 per hour; Designer -
$42.00 per hour; Draftsman - $32.00 per hour; Cler ical - $25.00
per hour; Two-person Surveying Crew - $126.00 per hour.
3. All other terms and conditions of the original agreement
remain in full force and effect except as admended herein.
IN WITNESS WHEREOF, the parties hereto have caused this
first amendment to agreement to be executed this ~~ day of
March, 1991.
CITY OF CHULA VISTA
Nordquist Associates, Inc.
By:
Leonard M. Moore,
Mayor Pro Tern
BY:~\1n~
Niles T. Nordqu t,
President
Attest:
Beverly Authelet,
City Clerk
Approved as to form:
8655a
l.~ ..{,
-2-
ATTACHMENT A
.
January 7. 1991
'\OlWQlIST ASSOCIATES I'\C
l\'ORDQlJIST ASSOCIATES I'\C
NORDQUIST ASSOCIATES INC
Landscape Architecture Land Planning
Jerry Foncerrada, Parks Superintendent
Department of Parks and Recreation
City of Chula Vista
276 Founh Avenue
Chula Vista, CA 92012
445 Thorn Street
San Diego, California
92103
(619) 295-0033
RE:
Fee Proposal of
Landscape Architecture
Construction Support Services for
Sweetwater Rohr Community Park
Calijornia License #1893
Dear Jerry:
In response to your request, we are pleased to present this fee proposal for your
consideration concerning Construction Support Services for Sweetwater ROM Park.
We have enjoyed a successful relationship during the design and development of
Sweetwater ROM Park and look forward to completing the ultimate construction with
you.
This Proposal for Services is offered in response to the request by the City of Chula
Vista for the Sweetwater ROM Community Park. It is based on a program of work
defined in our original agreement with the City, Section IV.D.2.
"Construction Support Services including General Bid Document
Preparation and Processing, Bid Evaluation, Pre-Construction
Meetings, Site Observations and Record Drawings preparation."
We will complete the Construction Support Services on a time and materials basis not
to exceed $13,500.00 without direct authorization of the City of Chula Vista. This
includes civil engineering, electrical engineering and ourselves.
Construction Support Services are performed on an as-needed basis at our standard
hourly rates.
Principal Landscape Architect
Principal Civil Engineer
Senior Civil Engineer
Civil Engineer
Design Engineer
Landscape Architect
Designer
Draftsman
Clerical
2-man Surveying crew
$78/hr.
$80/hr
$78/hr
$63/hr.
$57/hr.
$55/hr.
$42/hr.
$32/hr.
$25/hr.
$126/hr
t~'1
.'
City of Chula Vista
Sweetwater Rohr Community Park
. January 7, 1991
Proposal of Construction Support Services
Reimbursable and additional expenses include reproduction and reprographics, travel
outside of San Diego County, topographic surveys, Construction Staking, Soils or
other Special Studies and Reports, Special Consultants (not identified in this proposal),
Utilities Programming and Coordination, Utility Extensions and Undergrounding,
Public Improvements on Sweetwater Road and Improvements to the Golf Course.
These expenses are provided at cost plus 10%.
We thank you for the opportunity to be of service to your organization and to the City
of Chula Vista. To authorize us to proceed with this work, please sign and return one
copy of this correspondence to our office. Please contact me if there are questions or
clarifications needed.
t~cer~I~TC2 ~~
Niles T. Nordquist, AS City of Chula Vista
Date
Nordquist Associates Inc.
San Diego, California
1~,i'
ATTACHMENT B
Jess Valenzuela, Director
Department of Parks and Recreation
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92012
LANDSCAPE ARCHITECTURE
LA~JO PLANNING
February 18, 1991
9666 BUSINESS PARK AVENUE, SUITE 210
SAN DIEGO, CA 92131
(619) 695.6295 . FAX (619) 695-6299
RE: Additional Services
Change Order Design Revisions
Sweetwater Rohr Community Park
Dear Jess:
CALIFORNIA
LICENSE
.,893
In response to your request, we present this fee proposal for your consideration
concerning Change Order Design Revisions for Sweetwater Rohr Park. The past few
weeks have been stressful on all parties concerned with these changes. We are pleased
to have been able to respond quickly to the problems set upon the City in order to
minimize the "down time" experienced by the contractor. We are prepared to continue
that effort to its completion.
The untimely determination that an Environmental Negative Declaration was required
for this project has caused delay in the construction. We believe that the original
design would warrant such a determination and suggest that the City continue to
process any necessary environmental approvals to preclude any future problems.
While we were not responsible for the environmental processing, our tearn was
responsible for the grading limits into the FEMA floodway boundary. This issue was
raised at our group meeting on 2/6/91. We were pleased to have resolved this issue as
part of the overall grading reduction so as not to cause any additional delays for the City
or the contractor. This was included in the revised design approved by the City
Council on February 12, 1991. We also feel that the original grading scheme for the
ballfields was the best solution and we are independently continuing to gain the FEMA
approvals necessary to allow for the future grading in the south ballfield area.
This proposal includes the work we have completed to date in responding to the City's
requests during this revision process and the work necessary to complete the revised
plans for change order processing. Please note that all work necessary to revise the
floodway grading was performed without charge and is not included in this fee
proposal.
The revisions are to be made in several areas. Grading is reduced and rearranged on
Fort Apache Hill and in the eastern ballfields. The swimming pool and building are
demolished. The storm drain pipe is retained and may be near identical to the original
design. Electrical lines will be re-routed to the east to avoid additional tree losses as a
concern from the City.
It is our intention, as discussed with the contractor in our meeting of 2/15191, that the
quantity and sizes of the trees will remain the same. The concrete walkway on Fort
Apache Hill was eliminated previously as a cost reduction and not considered here.
The area of turf and irrigation will be close to the original. This should mean that the
only significant design changes for the contractor to consider are the reduction in earth
volume and the demolition of the pool area.
12.4."
City of Chula Vista
Sweetwater Rohr Community Park
February 18, 1991
Proposal of Additional Services
Change Order Design Revisions
A general description of the approved conceptual plan (February 12, 1991) in terms of
the change order scope of work for the sheets we must revise is summarized as
follows:
Demolition
Grading
Horiwntal Control
Electrical
Landscape Construction
Irrigation
Planting
D-2
C-3, C-4
C-7
E-4, E-8, E-12, E-12, E-13
L-3, L-4
1-2, 1-3
P-2, P-3
This represents a total of 15 sheets to be revised by our team and reconsidered by the
contractor. Electrical also includes resultant coordination with SDG & E. We will also
complete revised estimates for the changes involved in this revision.
We will complete these additional services for a lump sum of $23,400. This includes
civil engineering $11,200; electrical engineering $2,400; and landscape architect
$9,800. Subconsultant fees are at our cost and no carrying charges are added for
handling and administration (subconsultant fee quotations attached).
Reimbursable and additional expenses include reproduction and reprographics, travel
outside of San Diego County, topographic surveys, Construction Staking, Soils or
other Special Studies and Reports, Special Consultants (not identified in this proposal),
Utilities Programming and Coordination, Utility Extensions and Undergrounding,
Public Improvements on Sweetwater Road and Improvements to the Golf Course.
These expenses are provided at cost plus 10%.
Several weeks ago, we received a verbal authorization to proceed with Construction
Support Services as we proposed on 9124/91. Please send a change order or other
correspondence for our meso
We thank you for the opportunity to be of service to your organization and to the City
of Chula Vista. To authorize us to proceed with this work, please send a letter of
confmnation or change order to our office. Please contact me if there are questions or
clarifications needed.
Sincerely,
~T
Niles T. Nordquist, A
Nordquist Associates Inc.
San Diego, California
2.1J ,/1)
OU151'91
10:23
'fi'298 4518
SHOLDERS&SANFORD
~()l!?
.
SHOlDERS & SANFORD. INC.
PI"nnl()q Engin..ring ~urveying
3':1~lJ fifth Av~nlJ':
S.m Df~nc-, C~iLf,=,rnirl 921U.:'
(619) 2Q".72'12
February 15, 1991
.. 10901A. P666
COST
Mr. Niles Nordquist
Nordquist Associates Inc.
445 Thorn Street
San Diego. CA 92103
REF: ROHR PARK REVISIONS
Dear Niles:
In response to your request, we have reviewed the work effort necessary to revise the
Rohr Park plans to comply with the City Council Resolution. Our fee for this work is
$11.200. No charges have been made for the work required to plot the 1oo-year flood
fine and change to the plans to remove any grading from within the f1oodway. We also
suggest you budget $300 for blueprinting costs. If this meets with your approval,
please amend our agreement as appropriate.
If you have any questions regarding this proposal, please feel free to call.
Sincerely,
SHOLDERS & SANFORD, INC.
~
Robert W. Sanfo
jd
~"'~ /1
FEB-19-'91 13:28 ID:TUPPltl-PATTAII EI1GR
TEL HO:1-619-299-1229
11068 P02
.
URPIN
ATTAN ENGINEERING, INC.
CONSUT/NG ELECTRICAL ENGINEERS
February 15, 1991
NORDQUIST ASSOCIATES, INC.
.9666 Busiuess Park Aveoue Suite 210
San Diego, California 92131
AUention:
Mr. Greg Parker
Subjea:
ROHR PARK CHULA VISTA
Realignment of Electrical Underground
TRE Project No. 88-3084
Dear Greg:
PurSlWlt to our telephone cooversation of Feb 12, 1991, we have reviewed the preliminary redesign of the sile
to detennine the electrical engineering fees to incorporate the requested revisions. The scope of the
electrical redWgn will include realig"ment of the underground electrical to correspond to the revised grading
plan at Fort Apache.
Scope of Servlc..
The specific scope of electrical service for the electrical redesign, include but are not limited to the
following tasks:
a. . Revisions to the demolition plan as required.
b. A new drawing will be created to replace the current plans for the underground electrical system.
This plan will indicate the new grading and the revised alignment of the underground system.
Co The pool and pool building will be demolished and the feeder removed.
d. The electrical serviee location maybe revised to accommodate the revised grading plan. The
revised plan will be submitted to SBIl Diego Gas " Electric for their review and approval.
e. A spare conduit will be installed to the Fort Apache area as directed by the Landscape Architect
for future electrical service.
The P'oposed l'ee for th4 5<'OpC modifieation is a lump sum amount of $2,400 (Two Thousand Four Hundred DoJlars)
for the KOpc of service& identified aboYe.
U there are any questions, please eaIJ me at your convenience.
Siacerely,
TURPIN. RAnAN ENGINEERING, INe.
'7JJ~~1^-
W.R.ltlltaa
VICe Praident
...-
iii, It.
~_.__ ____ _ .._~_____ ___a _...._a_....._ .._...A
COUNCIL AGENDA STATEMENT
Item '-S
Meeting DatI> 4/2j~1~
ITEM TITLE:
Mental Health Association request
bicycle tn
Recreat i o~
to
SUBMITTED BY:
Report: San Diego
conduct a fundraising
Director of Parks and
City Manager~,
The San Diego Mental Health Association is requesting permission to conduct a
fundraising bicycle tour through the City on Saturday, April 27, 1991.
(4/5ths Vote: Yes___No-X-)
REVIEWED BY:
RECOMMENDATION: That Council accept the report and approve the request
subject to staff conditions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The San Diego Mental Health Association has requested permission to conduct a
fundraising bicycle tour on Saturday, April 27, 1991 (see Attachment UAU).
The event entitled the "Southern Classic, U will take place between 7:00 a.m.
and approximately 2:00 p.m. The ride will be comprised of three routes, a 15,
25, and 50 mil e loop. A 11 three loops wi 11 beg in and end in Rancho Del Rey.
The attached map indicates the City streets that will be involved (Attachment
B). McMillin Communities has fully approved this event (Attachment C).
The sponsor is expecting approximately 1,500 participants. The tour flyer and
entry form indicates that all bicycles must pass a pre-event safety check, and
participants are urged to wear hard shell helmets and to conform to all
traffic regulations and rules-of-the-road. There will be ride officials
throughout the courses, and first-aid and refreshment stops situated along all
routes. The sponsor is strongly emphasizing that the event is a tour and not
a race; the participants will be dispersed from the starting area in small
groups to avoid having a large number of cycl ists on the road at any given
point or time.
Approval of the request should be subject to the following conditions:
1. Sponsor must submit proof of liability insurance in the form of a
certificate of insurance and policy endorsement for $1 million naming the
City of Chula Vista as additional insured. Sponsor must also execute the
standard hold harmless agreement.
2. Sponsor to clean-up any trash generated by the event.
1S"-'
Page 2, Item ~
Meeting Date 4/2 9t
The City's Risk Manager, Traffic Engineer, Police Department, and Transit
Special ist have reviewed the proposal and concur with the recommendation. A
request will be sent to the Public Works Department asking them to inspect the
streets on the routes to insure that no road hazards exist.
FISCAL IMPACT: Other than the administrative costs involved in processing
the request, there is no direct fiscal impact to the City.
WPC 1622R
i~#2.
San Diego
"MenIal illness
isn't contagious:
mental health is."
Officers
Joy McAllister
President
Stephen A. Colley
Vice President
Marilyn Rutland
Vice President
Carolyn Morris
Vice President
Susan Challen, LCSW
Secretary
Craig A. Boros
Treasurer
Board Members
Denise Casinelli, MFCC
Paul Cooley
Kathryn Fehnnan
Susan Gail
Masa Goetz, Ph.D.
Jane Hird
Susan Hoff
Susan Lott
Edward B. Mohos, MD.
Steven N. Sparta, Ph.D.
Past President
Donald C. Wiggins
Executive Director
Betty D. Snyder
OW)
Cumbin~d Health '\Ilendes DriH
December 16th, 1990
92108
Jess Valenzuela
Director of Park & Recreation
City of Chula Vista
276 4th Street
Chula Vista, Ca 92010
Dear Jess,
On behalf of the San Diego Mental Health Association
I am requesting the use of the Rancho Del Ray Park
for our 3rd annual SOUTHERN CLASSIC bicycling events
scheduled for Saturday, April 27th, 1991. The event
is expected to draw near 1500 riders; this is a
family ride and not a race.
I am enclosing our 1990 routes for the 15, 25, and 50
miles rides, which met with approval from the City of
Chula Vista. There will be from variances since we are
starting further east this year on H Street. We will
begin from the Information Center and finish at Rancho
Del Rey Park. The riders will leave the center at
various times (50 miles at 7:00 a.m., 25 at 8:00 a.m.
and 15 at 8:45 a,m.) to allow for a safe departure for
the number of entrants.
The registration, parking and check-in area will be
located just north of East H Street at the Rancho Del
Rey Information Center. The finish area we are request-
ing is the large grass area to the west of the parking
lot and softball fields. Our first riders should return
to the park around 9:00 a.m. and should continue until
12 noon. We should be clean-up and departing the park
around 1:00-1:30 p.m.
If you have any questions or concerns, please feel
free to contact me. I will be contacting you the
early part of January to further discuss this event.
On behalf of the San Diego Mental Health Association,
thank-you for consideration in this outstanding
family event in the Southbay area.
-.3
3958 Third Avenue . San Diego, CA 92103-3003 . 619/297-2861
@
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2727 Hoover Avenue
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(619)477.4117
@
io\\. McMillin Communities
February 5, 1991
Mr. Jess Valenzuela, Director
Chula Vista Parks and Recreation Department
276 Fourth Avenue
Chula Vista, California 91910
Dear Jess,
On April 27, 1991 the San Diego Mental Health Association will hold their 3rd annual
Southern Bicycle Classic in Chula Vista.
This year the Association has requested that the staging, start and finish be located at
various areas of Rancho Del Rey.
Not only do we consent to this use, but we welcome the Southern Bicycle Classic to
the Ranch Del Rey Community and look forward to sponsoring the event this year and
in the future.
SincerZ:1 /
'~ <::.....---=->
~J~ C~::'<:AA.~
Constance C. Byram
Community Relations
McMillin Communities
CCB/nl
cc: Kathy Loper
Betty Snyder
25-5
COUNCIL AGENDA STATEMENT
Item~
ITEM TITLE:
Meeting Date 4/2/91
Report on Second Amendment to Agreement between SCOOT and
American Transit Management Corp. (ATC) for operation and
maintenance of Chula Vista Transit (CVT) for the period July
~;r::::rt::o~~:l~~n:O::: ~
City Manager ~ (4/5ths Vote: Yes_No..lL)
SUBMITTED BY:
REVIEWED BY:
The current agreement between SCOOT and ATC for Chula Vista Transit operation
and maintenance terminates on June 30, 1991. The agreement contains an option
for SCOOT to extend the agreement for a two-year term until June 30, 1993.
Staff has negotiated a two-year extension to this agreement with ATC at a rate
per mile of $1.79 in FY 1991-92 and $1.91 in FY 1992-93. The relevant
components in the rate per mile were reviewed by the Risk Manager and
Equi pment Mai ntenance Superi ntendent. These rates are based on the expanded
CVT servi ce next fi sca 1 year approved by Council at its meet i ng on March 19,
1991.
RECOMMENDATION: That Council recommend to SCOOT Board that the Board
approve this Second Amendment between SCOOT and ATC. (The First Amendment to
this agreement, approved by SCOOT Board in May 1988, deleted diesel fuel costs
from the rate per mile paid ATC; SCOOT buys diesel fuel directly from the City
of Chula Vista and enjoys certain tax advantages because of its public
operator status.)
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Thi s Second Amendment extends the agreement between SCOOT and ATC for two
additional years, from July 1, 1991 through June 30, 1993. The rate per mile
for FY 1991-92 negotiated with ATC is $1.79, a ten percent increase over the
current rate per mile of $1.62; and the rate per mile for FY 1992-93 is $1.91,
a six percent increase over the $1.79 rate. Based on an estimated 1.1 million
revenue miles in both fiscal years, the estimated contract cost is $1,969,000
for FY 1991-92 and $2,101,000 for FY 1992-93. The contract cost for these two
fiscal years is based on a 63 percent increase in revenue miles operated
beginning on July 1, 1991.
In add it i on to the substant i a 1 CVT mil eage increase proposed to begi n next
fiscal year, the Second Amendment includes the following major changes from
the current SCOOT/ATC agreement:
Transit staff discussed with ATC various options to increase the benefit
package for drivers. ATC will implement a financial incentive program
next fiscal year based on performance, longevity, and will reimburse
dri vers for Cali forni a Dri veri s li cense expenses. The maximum benefi t
per employee under this program will be approximately $1,000 annually.
1.1. . I
Page 2, Item ~
Meeting Date 3/19/91
In addition to more drivers, ATC will add five new positions to its
administrative and maintenance staffs, including two operations
pos i t ions, two mechani cs and one servi cer/bus washer. These addi t i ona 1
positions are necessary for two reasons: to oversee the greatly
increased CVT operations next year; and to perform adequate maintenance
on the CVT fleet, which will increase by seven buses in May 1991,
bringing the total fleet size to 29.
Casualty and liability costs have increased approximately 90 percent next
fiscal year due to the 63 percent increase in service miles, the addition
of seven Orion buses to the fleet, and insurance industry cost increases.
Over the next two fiscal years, 9 of the original 13 Orion buses
purchased by SCOOT will have engine/transmission rebuilds (4 of the
ori gi na 1 13 Ori on buses have had engi ne/transmi ssi on rebuil ds duri ng the
first three years of the ATC contract).
FISCAL IMPACT: All SCOOT operating and capital costs, including the ATC
agreement are funded with City of Chula Vista Transportation Development Act
(TDA) Article 4.0 funds). Sufficient TDA funds will be available for the next
two fiscal years to fund this agreement as well as additional SCOOT operating
and capital costs.
WPC 1398T
Fil e: DS-027
21.,,2,
COUNCIL AGENDA STATEMENT
Item 27
Meeting Date 4/2/91
SUBMITTED BY:
Public Hearing: Consideration of Coastal
Development Permit No. 52 for construction of
245,000 square foot industrial business park
building on 11 acres located at 850 Lagoon
Drive and owned by Rohr Industries, Inc.
. . IS,
Commun1ty Development D1rectorv.
City Manager ~ (4/5ths Vote: YES_NO-L)
ITEM TITLE:
REVIEWED BY:
A Coastal Development Permit for the construction of Rohr
Industries' Industrial Business Park building at 850 Lagoon
Drive was to be presented to the city council this evening
following a Redevelopment Agency action approving an Owner
Participation Agreement for the project. (Agency action
must take place before the coastal permit may be approved.)
The Owner Participation Agreement has been rescheduled to a
special Agency meeting on Tuesday, April 16 to allow
adequate time to finalize provisions in the agreement;
therefore, it is necessary also to reschedule the Coastal
Development Permit public hearing. Both Agency staff and
Rohr Industries agree and support the postponement.
RECOMMENDATION: That the city Council publicly announce
the rescheduling of the public hearing for the consideration
of Coastal Development Permit No. 52 to a date certain on
April 16, 1991 at 6:00 p.m. in the city Council Chambers
located at the Public services Building, 276 Fourth Avenue,
Chula vista.
FISCAL IMPACT: No significant fiscal impact will result
from the postponement of the public hearing.
(cdpmt52)
~7 .,
COUNCIL AGENDA STATEMENT
Item
Meeting Date
~f:/
4/2/91
ITEM TITLE: PUBLIC HEARING: Amending Conditions of
Approval for PCC-89-27 (Revised) for the 75
Unit Low-Income Housing Project for Seniors
at 628/638 Third Avenue
RESOLUTION/~/~Authorizing the Modifying of
Conditions of Approval for PCC-89-27
(Revised) for the 75 Unit Low-Income Housing
Project for Seniors at 628/638 Third Avenue
SUBMITTED BY: Community Development Directortlb
REVIEWED BY: City Managertp (4/5ths Vote: Yes___No-K-)
The Salvation Army is requesting to construct a 75-unit,
low-income housing project for seniors on 1.1 acres located
at 628/638 Third Avenue in the c-o Commercial Office zone.
The Code provides that housing developments for low and
moderate income seniors are allowed in the c-o zone upon the
approval of a conditional use permit.
This proposal was originally approved by the Council on
March 14, 1989 (ReSOlution 14010) following recommendations
for approval by the Planning Commission and the Commission
on Aging. The site plan and design were approved by the
Design Review Committee on March 2, 1989. The conditional
use permit was allowed to expire after one year, and it
became necessary to refile in order to proceed with the
project.
On December 11, 1990, Resolution 15978 was adopted, and this
Resolution approved PCC-89-27 (Revised). However, several
Conditions of Approval were included in this Resolution that
the Salvation Army cannot satisfy.
RECOMMENDATION: That Council Open the Public Hearing for
PCC-89-27 (Revised), take public comments, and continue the
adoption of the attached Resolution till April 9,.1991.
2&J... J
Page 2, Item t,
Meeting Date 4/2/91
BOARDS/COMMISSIONS RECOMMENDATION: On October 10, 1990, the
Planning commission voted 4-2 to recommend that Council
approve the proposal in accordance with PCC-89-27 (Revised).
On November 14, 1990, the Commission on Aging voted 7-0 to
recommend approval of the project.
On March 2, 1989, the Design Review Committee voted 4-0 to
approve the project design.
On March 27, 1991, the Housing Advisory Committee voted 4-0
to recommend approval of the project. The Housing Advisory
Committee also recommended 4-0 to remove the Condition of
Approval from Resolution 15978 which required that the
owners of 642 Third Avenue give a parking easement to the
Silver Crest Senior Project.
DISCUSSION:
The Salvation Army was selected by the Department of Housing
and Urban Development to receive funding to construct 75
units of section 8 rental housing for very low income
seniors (those with incomes which do not exceed 50% of
county median income). The project will house senior
citizens for the full 40-year term of the HUD mortgage. The
section 8 Program provides subsidies so that residents pay
no more than 30% of their income for rent.
When Resolution 15978 was approved by the Council on
December 11, 1990, two Conditions of Approval were included
which the Salvation Army cannot satisfy. Staff realizes
that these conditions were placed on the proposed project
because of concerns by the Council, but staff believes that
the following recommendations will allay the concerns of the
Council.
First, the Resolution states that the Salvation Army "shall
grant preference to local residents in the leasing of the
proposed project." Unfortunately, after the Salvation Army
requested this change to their Affirmative Fair Housing
Marketing Plan, HUD responded by stating that giving
preference to local residents in a federally funded housing
project was not allowed because of HUD regulations. These
regulations state that the use of federal money mandates
that all people have an equal opportunity for residency.
Despite the fact that HUD mandates equal opportunity, the
2.41..2.
Page 3, Item 11
Meeting Date 04/02/91
history at other Salvation Army Senior projects has been
that they are occupied by residents from the local area.
For example, in EI Cajon, 56% of the residents in the
project were residents of EI Cajon, 26% of the residents
were from the suburbs surrounding EI Cajon such as Lakeside
and Santee, and 16% were from San Diego. In other HUD
assisted senior projects such as Congregational Towers and
Town Centre Manor, the local occupancy rate is approximately
70%. Also, it is typical to have some non-local residents
in senior assisted projects who have moved to live near
their children who do reside in that locality. In addition
to the fact that statistics illustrate that most proj ects
are filled by local residents, the Salvation Army has
already stated that they will make every attempt to target
their marketing to residents of Chula Vista, and they intend
to do this by making pre-applications available at the
Norman Park Senior Center and at any other public building
or meeting that the Council might request.
As a second Condition of Approval, the Resolution also
states that the Salvation Army will "obtain an easement for
the benefit of guests and residents of the complex over the
parcel commonly known as 642 Third Avenue for use as
vehicular parking." The owners of 642 Third Avenue will not
grant this easement. Staff is exploring that either this
Condition of Approval be deleted from the Conditional Use
Permit (PCC-89-27 Revised) or that a contractual arrangement
be further discussed with the owners of 642 Third Ave. for
parking. As previously stated, 39 on-site parking places
should be adequate for the complex. After checking with
several federally funded very low-income senior projects
that also have a parking ratio of approximately .5, it is
even more apparent that the parking at Silver Crest is
adequate. Town Centre Manor, Kiku Gardens, and the
Salvation Army project in EI Cajon all have stated that they
do not have a parking problem. In other words, they have
all the parking they need for residents of their complex.
However, in EI Cajon, the management has stated that guests
typically park on the street. In an attempt to provide
guest parking, the Salvation Army has granted a easement
deed for the purpose of vehicular parking to the Silver
Crest Senior Housing Project so that guests can park in the
Sal vation Army headquarters parking lot and walk to the
Silver Crest Senior Project. Staff visited the Salvation
Army headquarters parking lot during lunchtime, which is the
time that their parking lot is most impacted because of the
services that the Salvation Army offers to senior citizens,
and staff discovered an excess of parking spaces even at
peak operating periods. In reality, with the 39 on-site
parking spaces and the additional parking at the Salvation
ler-3
Page 4, Item~
Meeting Date 04/02/91
Army headquarters, there is adequate parking for both
residents and guests.
In addition to the standard practice of reducing parking
rations for senior projects, this project has an added
advantage because it is located on a bus line, near the
services of the Salvation Army, near doctors' offices and
pharmacies. Therefore, the need for residents to have a car
is reduced.
since the state of California has mandated that the city of
Chula vista meet its regional share of housing needs, this
project is very important to the City's ability to produce
and meet its regional share of very low income housing. If
the Salvation Army is not allowed to produce these units,
the city will be obligated to produce these units plus the
rest of its regional share. According to SANDAG's Regional
Housing Needs Statement which was published in July of 1990
and adopted by the City Council, the City of Chula vista
must produce 821 units of very low income housing in the
next five years.
FISCAL IMPACT: Not applicable.
(sala113 )
%'1- '"
~
o
\
\
Gus PAPPAS PROFESSIONAL LAW CORPORATION
ATTORNEY AT LAW
203 CHURCH AVENUE
CHUL,.A VISTA, CALIf'. 92010
(619) 426-7770
March 28, 1991
Dick Kau Land Co.
3404 Bonita Road
Chula Vista, CA 91910
Re: Salvation Army Retirement Home Project
(Jimmie and Judi Shinohara, owners of
real property at 642 Third Avenue, Chula Vista, CA)
Dear Mr. Kau:
I represent the above named owners of real property at
642 Third Avenue, Chula Vista, CA.
The owners, after consideration and consultation with me
and their other advisers, have concluded that it is not feasible
for them to grant parking and ingress/egress on their property for
use by the Salvation Army or by the Silver Crest Residential
Retirement residents and guests.
Therefore, we request that you notify the City of Chula
vista officials of this decision by Mr. and Mrs. Shinohara, that
they will not grant an easement or license to Silver Crest or to
the Salvation Army.
Yo,-\rs truly,
SwU~ Q
GUS PAPPAS ~
GP/e:
2.'f - ~ /2.9-'
RESOLUTION NO. I ~ I J,O
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MODIFYING OF
CONDITIONS OF APPROVAL FOR PCC-89-27
(REVISED) FOR THE 75 UNITS LOW-INCOME HOUSING
PROJECT FOR SENIORS AT 628/638 THIRD AVENUE
The City Council of the City of Chula vista does hereby resolve
as follows:
WHEREAS, the Salvation Army is requesting to construct
a 75-unit, low-income housing project for seniors on 1.1 acres
located at 628/638 Third Avenue in the c-o Commercial zone; and,
WHEREAS, the City Council approved Resolution Number
15978 on December 11, 1990 which approved (PCC-89-27 Revised) the
Conditional Use Permit for this project; and,
WHEREAS, the Salvation Army is not able to comply with
two of the Conditions of Approval which were included in
Resolution 15978; and,
NOW, THEREFORE, BE
the city of Chula vista does
of Approval for Resolution
Permit PCC-89-27 (Revised)
conditions of approval:
IT RESOLVED that the city Council of
hereby amend the approved Conditions
15978 so that the Conditional Use
now is subject to the following
1. The project shall comply with the plan approved or
conditionally approved by the Design Review Committee.
2. The project shall provide 39 off-street parking spaces.
3. Upon initial opening of the project, if the parking
requirements of the occupants exceeds availability, the
Salvation Army will provide additional parking.
4.
Should the local grocery store at Third Avenue
Street cease operation, the Salvation Army will
daily transportation service for occupants of the
for groceries.
and "J"
provide
project
~'-1
5. The Salvation Army shall grant an easement to the benefit of
the property upon which the project is located permitting
residents and guests of the proposed project to park their
vehicles in any available spaces at the parking lot of the
Salvation Army to be made available to such guests and
residents at such time as the parking lot at the complex
located at 628/638 Third Avenue is filled.
iZ:~tOf~
Bruce M. Boogaard
Agency Attorney
by
Presented by
Chris Salomo
Community De
Director
(salreso)
.21- ~
MAR-25-' 91 11: 06 ID: FALKENBERG/GILLIAM
TEL NO:2132581126
IU94 P02
~
Falkenberg/Gilliam &.Associates, Inc.
Housing Development. Property Management
1560 _ Colorado Boulevard. Pasadena, CaIfornla
Mailing Address: P,O, Bin 7070, Pasadena. Gallfomia91109-7070
Telephone, (213) 258.3512
March 22,1991
Planning Department
Qty of Chula Vista
276 4th Avenue
Otula VISta, 0\ 91910
He: PCC89-27
6281638 3rd Avenue
Gentlemen:
On behalf of The Salvation Army we hereby request that the following two
conditions be deleted from the Conditional Use Permlt for the above project:
1. That the local preference provision be walved due to the fact that HUD
will not accept this condition.
2. That the easement requirement from the property at 642 3rd Avenue be
waived because the owners of that property are unwilling to grant an
easement.
Thank you for your attention to thls matter.
Sincerely yours,
FAlKENBERG/G1WAM &ASSOCS., INC.
~~
Priscilla Gilliam
President
PG/ss
~1"'4f
Falkenberg/Gilliam & Associates, Inc.
Housing Development. Property Management
1560 West Colorado Boulevard, Pasadena. California
Mailing Address: P.O. Bin 7070, Pasadena, California 91109-7070
Telephone, (213) 258-3512
March 18, 1991
,..: .~' ;
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. ',,,,. '/"~ e V [..
f.'.......
M4R 2 I 91
Mr. Bruce M. Boogaard
City Attorney
City of Chula Vista
276 Fourth Avenue
Chula VISta, CA 92010
i~;(linrr)r'1.t-. ,-
o ...., :'-f 1)(~Vt:li,~)".'"
"'l-l"'t:;"'-i'
-C.,
Re: The Salvation Army Chula Vista Silvercrest Residence
Dear Mr. Boogaard:
I met with Mr. Honore' subsequent to our letter requesting the amendment
of our Affirmative Fair Housing Marketing Plan to allow preference for residents
of Chula Vista when renting the proposed units.
The upshot of our discussion was that giving preference to local residents
in a federally funded housing project was not allowed by the regulations. The use
of federal money requires that all people have an equal opportunity for residency.
As we have noted before, our experience shows that the vast majority of
applicants for residency are locally situated within a five mile radius of the project.
Information and Pre-applications will be made available to local residents at the
Senior Center and any public building you may request (eg. City Hall).
We will forward any HUD correspondence regarding this matter to you
immediately.
Sincerely yours,
Falkenberg/Gilliam & Assocs., Inc.
?Y
MR.:eik
cc: Mr. Vern Swenson, The Salvation Army
Ms. Alisa Rogers, City of Chula Vista ,,/
!J.1-ID /J.'1-I'f
RESOLUTION NO. 15978
RESOL~TION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING PCC-89-27 (REVISED) FOR 75 UNIT LOW-INCOME
HOUSING PROJECT FOR SENIORS AT 628/638 THIRD AVENUE
-,'r"-'lTne'Cfty toundFof "tl1~'Clty 'ofChuTa VHta'llbes~'lfereby~ resolve as
'"'lfolrows~""'1! f:"l.....(~'i.""'\ "1-'. ...:......~...~ t :7f:'.'~" r,"-:- '. r. ,~"!,,. rT~'-~:'! .-~,; t'~:!"-;')
<').~ ;'1"~r"1!lrr:r -,- "....:...:.....~.. ~. :.~ .:- ':1f';"l'l' -'j~r1'r~:-''"1 ~;'H)?"10f'
WHEREAS, the SalvatMln Jfr'nfy' 'i~ 'tfeqttestfl\lJ'"I'td" "t'Ons'truC'tl" a 75-unit,
low-income housing project for seniors on 1.1 acres located at 628/638 Third
Avenue in the c-o Commercial Office zone; and
WHEREAS, the Chula Vista Municipal Code provides that housing
developments for low and moderate income seniors are allowed in the C-O zone
upon the approval of a conditional use pennit; and
. WHE.REAS, this ,prop'o~al was origi.~ally approved by the Council on March
'14, 1989H-(Resolution 140l9)"[foTTowing retoi1imendatiolls for approval .by the
Pl anning Commi ssi on aRIVth'e"'Cbnltlffssiolf' on "Agfng" aniP'the ;'siie rplan and desi gn
were approved by the Design Review Committee on March 2, 1989; and
'WHEREAS, the conditional use pennit was allowed to expire after one year,
however, and it became necessary to refile in order to, proceed with the
project; and
4.~N. frr-.~ ;r'"1"r; '?'! f-.~(lr:.i"r:-'~~n~ ':r:~' -:-") ~;nf.t~.(,"l-' .-',;t ,,~:-,';T .
"..fM lIHtRtAS,hihe'Envlr<6'nmei1'tal~Revfew fCoordinato'r tunductefian''.initial Study,
IS-88-77 . of potenti al environmental. "1'1fnjilict'S',. ....associ ated~ wi th the
implementation of the project and has concluded that there would be no
significant environmental impacts, and recommends adoption of the Negative
Declaration issued on IS-88-77; and .
WHEREAS, on October 10, 1990, the Planning Commission voted 4-2 to
recommend that Council approve the proposal in accordance with Resol uti on
PCC-89-27 (Revised); and
WHEREAS, on November 14, 1990, the Commission on Aging voted 7-0 to
recommend approval of the project; .and
WHEREAS, on March 2" 1989, the Desi gn Revi ew Commi ttee voted 4-0 to
approve the project design.
WHEREAS, said approval is based on the following findings:
1. That the proposed use at the location is necessary or desirable to
provide a service or facility which will contribute to the general
well being of the neighborhood or the community.
J.q.11
Resolution No. 15978
Page 2
The project will provide 75 units of affordable rental housing for
very low income seniors within the community, and at a location
which provides ready access to a wide range of public services and
facil ities.
2. That such use will not under the circumstances of the particular
case, be detdmental to the health, safety or general welfare of
persons residing or working in the vicinity or injurious to
property or improvements in the vicinity.
. -
The bulk and mass of the structure are not inconsistent with what
could be developed on the site under the existing C-O zone. The
building has been placed on the lot-in a manner which minimizes the
impact on the adjacent residential uses to the west. The project
will be required to provide 39 parking spaces which is believed to
be adequate to serve a very low income senior development.
3. That the proposed use will comply with. the regulations and
conditions specified in the code for such use.
The use will be required to comply with all applicable codes,
conditions, and requirements prior to the issuance of a buil ding
permit.
4. That the granting of this conditional use permit will not
adversely affect the general plan of the City or the adopted plan
of any government agency.
The proposal complies -with General Plan policy with regard to
density bonuses for senior citizen projects.
. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby concur -.in the environmental conclusions of the Environmental
Review Coordinator and approve Conditional Use Permit PCC-89-27 (Revised) to
construct 75 unit low-income housing project for seniors at 628/638 Third
Avenue subject to the. following conditions of approval:
1. The project shall comply with the plan approved or conditionally
approved by the Design Review Committee.
2. The project shall provide 39 off-street parking spaces.
3. Upon initial opening of the project, if the parking requirements of
" . r ,-,;," the occupants exceeds-tavaflabilitYi.?the.-Sal-va;t-ion<AnT1Y-iWill .provide
r...,. .... ,,-:+ additional--paii'king.. -. -'~r'J"Y.
."'H"~'~'''''',')~ .....,,'of "10") l',r)')'~"'f"'" ',L;r.'~" ","..i. ~r) -q'r''''~ fr.,.,
4. Shoul d the 1 oca 1 grocery store at Thi rd Avenue and "J" Street cease
operation, the Salvation Army will provide daily transportation
service for occupants of the project for groceries.
5. That permittee shall grant preference to local residents in the
leasing of the proposed project.
1'1-/1..
Resolution No. 15978
Page 3
6. Permittee shall obtain, and demonstrate to the satisfaction of
City, ~rior to the vesting of any rights hereunder, an easement for
the benefit of 9uests and residents of the complex over the parcel
commonly known as 642 Third Avenue for use as vehicular parking, an
ingress and egress thereto, to be made available to such guests and
residents of the complex during such times as all permitted parking
spaces at the project are occupied and that parking spaces are
available at the parking lot located at 642 Third Avenue.
7. The Salvation Army shall grant an easement to the benefit of the
property upon which the project is located permitting residents and
guests of the proposed project to park their vehicles in any
available spaces at the parking lot of the Salvation Army to be
made available to such guests and residents at such time as the
parking lot at the complex is filled.
;tL-I i/ ilL
Robert A. Leiter
Director of Planning
proved as 0 orm by
A J)
Presented by
Bruce . Boogaar
City Attorney
2'1-13
Resolution No. 15978
Page 4
,
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11th daylof December, 1990 by the followin9 vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers: McCandliss, Nader, Rindone
Councilmembers: None
Council members: None
Council members: Malcolm, Moore
.k -f
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Gayle L. McCandliss, Mayor
ATTEST:
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. 15978 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 11th day of
December, 1990.
Executed this 11th day of December, 1990.
~
Beverly
~i' Itf
Item No. 30
April 2, 1991
30.
PUBLIC HEARING
AMENDING
SCHEDULE
FEES AND
THE CHULA VISTA MASTER FEE
RELATED TO PARKLAND ACQUISITION
PARKLAND DEVELOPMENT FEES
staff requests that the public hearing be continued to the meeting
of April 23, 1991 in order to obtain additional input from the
development community.
00-1
"
.
" ~. ~~ f-
. .
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United Statea and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested In the above-entitled matter. I
am the principal clerk of the printer of the
CHULA VISTA'STAR-NEWS, a newspaper of
general circulation, printed and published
TWICE-WEEKLY In the City of Chula Vista,
and the South Bay Judicial District. County of
San Diego, State of California, under the date
of Aug. 8, 1932, Case Number 71752; that the
notice, of which the annexed is a printed copy
(set in type not smaller than nonpareil). has
been published in each regular and entire
issue of said newspaper and not in any sup-
plement thereof on the following dates, to-wit:
3/13
all In the year 19...~1....
I certify (or declare) under penalty of perjury that
the foregoing II true and corract.
Datad at Chula Vista
California, thil .1.3......... day of .Ma.r.t.b.............
19.......l}t.........................
S1gna1Ul8
4~'~
rjnciPal Clerk
3f--J-.
Proof of publication of:
......~.':!~u.~...~~~.f.!!).g.....................................................
............................ ~OI' ........................
PUBUCHE~
BY THE CfTY
01' THE crrv Ol'
CHULA vISTA. CIoUFOR-
NOTICE 18 HEREBY GIVEN
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COUNCIL AGENDA STATEMENT
Item a2
Meeting Date 4/2/91
ITEM TITLE: Report: Growth Management Oversight Committee Recommendations
for Parks and Recreation
SUBMITTED BY: Director of Parks and Recr~tio~
Director of Planning /~C
REVIEWED BY: City ManageriX (4/5ths Vote: Yes___No-X-)
IT Council Referral #2099
At its August 23, 1990 workshop, the City Council considered the second annual
report of the Growth Management Oversight Committee (GMOC) and referred those
recommendations deal ing with parks and recreation issues to the Parks and
Recreation Commission for its input. Although the GMOC found that the City
was in compliance with the Parks and Recreation threshold, it had some
additional recommendations for increasing the amount of parkland in the City.
RECOMMENDATION: That the City Council accept the staff report, thereby
approving the following: 1) that Park Acquisition and Development (PAD) fees
continue to be used for acquiring and developing new parks and upgrading
existing local/neighborhood and community parks and facilities; 2) direct
staff to investigate the feasibil ity of implementing a "park benefit fee" that
could be charged to all developments not subject to PAD fees, and a Park
Development Impact Fee (DIF) that could be assessed to all developments for
major capital projects; 3) direct staff to bring back a proposal to require
that all new multi-family residential developments provide private
recreational areas wherever possible; and 4) direct staff to bring back, for
Council consideration, changes to the Parkl and Dedication Ordinance and the
Park and Recreation Threshold Standard to include a definition of net usable
park acreage. Recommendation No. 1 differs from the GMOC recommendat i on,
which will be discussed in the report.
BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission
considered the GMOC report and recommendations and staff's recommendations at
its January 17, 1991 meeting and recommended approval of the staff
recommendation.
DISCUSSION:
Attached to the report is a copy of the GMOC's recommendations for parks and
recreat ion and a defi nit i on of net usabl e acreage. Its recommendations and
staff analysis are discussed below.
1. Park Acouisition and DeveloDment (PAD) Fees should be used solelY for
acauisition and develoDment of new Darks rather than for reDair and
maintenance of existina Dark facilities.
PAD fees have been used in the past for development of new parks
(Sunridge Park); upgrades and enhancements to existing local/neighborhood
parks (Halecrest, Connolley and Palomar Parks) and recreation facilities
(Floor and Bleacher Repair-Parkway Gym); and development of master plans
(Rohr Manor). PAD fees are currently set aside for the Norman Park
~-I
J~
Page 2, Item ~ &2-
Meeting Date 4/2/91
Center Renovation, Relight i ng of Tenni s Courts at two high schools, and
Repainting of the Parkway Gym and Pool exterior. PAD fees have not been
used for maintenance of exi st i ng facil it i es since that use is
inappropriate for these fees. Maintenance of facil ities is part of the
Department's operating budget.
PAD fees have therefore been used to renovate existing local/neighborhood
and community parks and recreation centers and development of new parks.
However, the GMOC raised concerns regardi ng use of PAD fees for maki ng
improvements to exi st i ng 1 oca l/nei ghborhood and communi ty parks rather
than for acquiring and developing new parks. This committee was
especially concerned about the lack of parkland in western Chula Vista.
Staff recommends that PAD fees continue to be used for park improvements
as well as for new park development. Not enough PAD fees are collected
annually to make major land purchases for new park development, since
these fees are restricted to residential development as part of a
subdivision or parcel map. In addition, PAD fees are generally waived
for major developments such as Rancho Del Rey and EastLake in return for
dedication and construction of City local/neighborhood and community
parks. At the same time, upgrades and improvements to existing parks are
continually needed to keep the facilities safe and desirable to use.
Staff, therefore, recommends that PAD fees cont i nue to be used for new
park development for both local/neighborhood and community parks whenever
poss i bl e, and upgrades and enhancements to 1 oca l/neighborhood and
community parks and facil it i es, recreation centers/pool s/gyms and
specialty parks since these hcil ities are of a community-wide benefit
and use. Community facilities of City-wide benefit would include
Memorial Park, Loma Verde Center, Parkway Gymnasium, Eucalyptus Park, and
Marina View Park, for example.
There must be a nexus or connect i on between the co 11 ect i on of PAD fees
for a particular development and use of those same fees for park
improvements that would benefit that development per Section 17.10.080 of
the City Code. That nexus can certainly be made for improvements to
facilities of community-wide benefit. However, for local/neighborhood
parks, it may be more difficult to show City-wide benefit since the
standard for 1 oca l/neighborhood parks is to serve res i dents withi n a
one-half mile radius. Since PAD fees are currently collected on a
City-wide basis, it may be difficult to prove that local/neighborhood
park improvement projects were funded with fees coll ected from
neighboring developments, and not from more distant development projects.
Two possible solutions are to either not use PAD fees for upgrades to
existing local/neighborhood parks as recommended by GMOC, or to establish
park districts throughout the City for collection and use of PAD fees for
any parks located within the park districts. At one time, park districts
were establ ished for the City and the Finance Department kept track of
funds collected and spent within each district. It is recommended that
~..;t
3:l.
Page 3, Item ~ ~~
Meeting Date 4/2/91
staff study the park district concept, and take this concept, if
feasible, to the Parks and Recreation Commission and ultimately City
Council, for consideration.
On a future Council agenda later this month will be a related proposal to
increase PAD fees.
Discussed in #2 below are some additional staff recommendations for
funding improvements to local/neighborhood and community parks or new
park development.
2. Park fees should be charQed for all new residential develooment. rather
than onlv for develooments which reQuire tentative mao aooroval. At the
oresent time. aoartment orojects are not charQed PAD fees.
PAD fees can only be assessed for residential development as a result of
a subdivision map or parcel map, per State Law. However, the City may
not be precluded from assessing another park fee at the building permit
stage for smaller residential developments, and commercial and industrial
developments. In addition, for major parks and recreation improvements,
such as a cultural arts/performing arts facility, greenbelt improvements,
swimming pool complex, new gymnasiums and community centers, a Park
Development Impact Fee (Park DIF) could be considered to fund these
costly facilities.
Staff, therefore, recommends that it be directed to pursue the
establ i shment of a "park benefi t fee", to be assessed on all commerci a 1
and i ndustri al developments and res ident i a 1 developments unaffected by
PAD fees, and a Park DIF to fund major capital improvements. The "Park
Benefit Fee" coul d be used for fundi ng improvements to 1 oca l/neighborhood
and community parks, as well as for acquisition and development of new
parks, especially in western Chula Vista.
3. The Ci tv Council shoul d adoot a reaui rement that all new multi -famil v
residential develooment orovide orivate recreational areas (i.e.. tot
lots) wherever oossible.
At present, the Department receives initial studies as part of the
environmental review process for all proposed developments. To date,
when reviewing initial studies for multi-family (apartment) projects, the
Department has requested inclusion of small grassy areas and a tot lot
when no private recreational facilities are shown. This information is
then forwarded to the Planning Department, who works with the developer
to encourage inclusion of these items in the project.
It is recommended that staff be di rected to invest i gate changi ng the
appropriate City codes to make this recommendation a requirement, and to
consider having this requirement apply only to developments of a minimum
size, and to bring back a proposal for Council consideration.
~.~
3j. u
Page 4, Item ~u.
Meeting Date 4/2/91
4. ADDrove a sDecific definition of net usable acreaQe when calculatinQ Dark
acreaQe.
The City's Park Dedication Ordinance includes criteria for accepting park
land. However, in this criteria, there is no firm definition of usable
acreage. In the past, the Department has, at times, received the
required number of park acres for a particular project, but some of this
acreage has been located under power lines or on slopes. By requiring
provision of usable net acres, the City can ensure that it receives
appropriate flat acres for park development. Staff is in support of this
definition and its inclusion in the threshold standard and in the
Parkland Dedication Ordinance. However, a balance should be established
between the amount of fl at area required and the amount of non-flat
acreage to accept, to take into account the particular topography of an
area. It is therefore recommended that staff be di rected to bri ng back
for Council consideration changes to this Ordinance, and to the Threshold
Standard for Parks and Recreation.
FISCAL IMPACT: If Recommendation No. 2 is eventually implemented, the City
will receive additional funds for park acquisition, development and renovation.
WPC 1619R
3~-
~...q
"
Minutes of a
Regular Meeting of the
PARKS AND RECREATION COMMISSION
Thursday 6:00 p.m.
January 17, 1991
*-REVISED**
Parks and Recreation
Conference Room
*******************
CALL MEE'l'ZNG TO ORDER
ROLL CALL
MEMBERS PRESENT:
MEMBER IATE:
MEMBER ABSENT:
Commissioners Lind, Roland, Willett
Chair Sandoval-Fernandez (6:15)
Commissioner Hall
1. APPROVAL OF JlJ:NOTES
Motion to approve the minutes of the meeting of December 13, 1990 as
distributed.
MSC LDm/ROLAND 3-0 (Sandoval-Fernandez out)
2. PDBLJ:C IlEARDfGS OR REMARKs
NONE
3. UNFZNISBED BUSINESS
Criteria for Memhershin in EastLake Golf eourse
Item continued until February meeting.
4. NEW BUSINESS
a. Golf Course Pee rncrease
Director Valenzuela gave a brief overview of American Golf's proposal
for a fee increase. He stated that staff's review of the
request revealed that the proposed fees were below one third of all golf
courses in San Diego County. This proposal has also been endorsed by
the Men's Club. Johnny Gonzales and Bert Geisendorf were present to
represent American Golf.
The Commissioners discussed the potential Stage IV water alert and the
impact that this would have on the Golf Course. Mr. Geisendorf stated
that if necessary the golf course could go back to using well water for
irrigation, even though it is not considered desirable due to high
3;2. t!"
~-.,;;)
-.'
.."
salinity.
Hr. Bill Anderson, a resident of Chula Vista, spoke in opposition to the
proposed ~ee increase. Mr. Anderson is not pleased with the current
physical condition of the golf course and he feels that he has been
treated in a rude manner by aome American Golf employees, because of
this, he opposes the currently proposed rate increase.
Hr. George Laury, a resident of Chula Vista, spoke in opposition to the
fee increase. Hr. Laury stated that while he has always been treated
with respect at the golf course, he has found some things in disrepair
such as the drinking fountain in the pro shop and some of the greens and
doesn't feel that there should be an increase in fees until these items
are handled.
Mr. Douglas Hawkins, a resident of Bonita, compared the rates of other
golf courses in the area; Balboa and Torrey Pines. He would like to see
a special rate for Chula Vista residents a monthly rate, and a rate for
seniors. He feels that a one year span is too short for another rate
increase. Mr. Hawkins stated that he could play EastLake cheaper than
he could play his own city-owned golf course.
Mr. Tom O'Connor, a resident of Chula Vista, finds the American Golf
employees to be extremely courteous and helpful. In addition, he feels
that American Golf has done a very good jOb in maintaining the golf
course. He has compared the green fees with other golf courses in the
area and finds them to be lower even though conditions at the Chula
Vista golf course are better maintained than the other courses.
Park Superintendent Foncerrada stated that the proposed fee increase is
in line with rates at other comparable courses in the area. He further
stated that American Golf has complied with all of the terms and
conditions of their contract. He has not received any complaints from
citizens or golf course patrons about conditions at the golf course.
It is his opinion that the golf course is in the best condition it has
ever been in. Hr. Foncerrada pointed out to the Commission that
American Golf has completed a number of capital improvement projects
that are above and beyond what the initial contract called for.
Chair Sandoval-Fernandez stated that, based on the input received, she
feels that is too soon for the Commission to make a decision. She would
like to see an example of a tiered fee schedule, with one fee for Chula
Vista residents and a different fee for non-residents, and also a
specification on timelines as to when some of the improvement items are
to be done.
Commissioner Willett requested that staff verify some of the rates that
have been quoted by some of the members of the public. He also noted
that some clubs are trying to hold the amount of their rate increases
to the CPI this year, and stated that the rate increase currently
proposed by American Golf exceeds the CPl.
Motion to table this issue until February, have American Golf come back
with a two-tiered proposal or three-tiered proposal, have staff analyze
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this proposal and have staff check on current rate structures at
comparable racilities in San Diego County and clarify the timelines on
issues related to the contract.
MSC SANDOVAL-FERNANDEZ/ /LIND 4-0
b. CV2000 Renorts
At the request of the Chair, Director Valenzuela briefed the Commission
on the report highlighting those recommendations which he considered
most significant, and gave a status report on those CV2000
recommendations which were currently being acted upon.
Commissioner Roland doesn't think it is a good idea for the City to buy
land in the immediate vicinity of a school because if the school needs
to expand with the growth of the City, the land will be needed by the
school.
Commissioner Willett feels that the City should acquire the property
under redevelopment so if you do need to increase the school or the park
the land will already be in the public domain.
Chair Sandoval-Fernandez referred to Page 6 and the statement about
mUlti-cultural and ethnic changes taking place in the community, and
cautioned staff not to frame that in a negative context. She feels that
the statement, while phrased very delicately, could be interpreted in
a manner that is derogatory to the Hispanic population.
Motion to approve in content the recommendations that are set forth in
the CV2000 report.
MSC WILLETT/LIND 4-0
c. GMOC Renort - Park Issues
Director Valenzuela recapped the concerns expressed by the GMOC, and
staff's response to these concerns.
One of the main concerns of the GMOC is that PAD fees be used
appropriately. Director Valenzuela stated that no PAD fees would be
used for park upgrades unless a nexus could be drawn.
Motion to approve the recommendations.
MSC ROLAND/WILLETT 4-0
d. PAD Pee Increase
Director Valenzuela introduced Principal Management Assistant Stokes who
gave the Commission a recap of the process and criteria used to arrive
at the proposed PAD fee increase.
Commissioner Willett stated that based on recent research he has done
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in this area, it is his opinion that the figures proposed by staff are
appropriate.
Motion to accept the report and send it forward to Council with the
Commission's recommendation.
MSC WILLE'I"l'/SANDOVAL-FERNANDEZ 4-0
e. EastLake Park Tour
Director Valenzuela stated Commissioner Hall had called him requesting
that the Commission accept Mr. Bob Santos invitation to go on a tour of
the EastLake Park site, and discuss the existing condition and future
plans for the area.
Commissioner Willett recommended that the Commission have an updated map
before the tour.
Chair Sandoval-Fernandez suggested that Commissioner Hall should be
consulted before setting a date for the tour as he had specifically
expressed an interest in attending. She further suggested that if
Commissioner Hall's schedule could accommodate it, a lunch time tour
would be appropriate.
Commissioner Willett will be out of town through January 31, 1991.
f. .~h and Oranae Avenue Park Site
Director Valenzuela stated that based on actions taken at the joint
meeting of the Parks and Recreation Commission and the Library Board,
the concept park plan has been tabled. It is hoped that deferring this
plan to the library will facilitate their acquisition of an $8 million
grant to build a library on the site.
Per the Commission's request at that meeting, a letter has been drafted
to Council, reminding them that there still is a park plan for, and
interest in having a park at, that site. Director Valenzuela drew the
Commission's attention to the draft of that letter which was included
in their packets and asked for comments.
It was the consensus of the Commissioners that the letter, with minor
revision by Chair Sandoval-Fernandez, be signed and sent to Council.
g. Tennis Center Aareement
Acting Recreation Superintendent Gates gave an overview of Council's
recommendation on the Tennis Center agreement, in particular, the GPA
requirement.
Commissioner Willett has done a detailed study of the situation, and
found that there has never been a student dismissed from the program
because of the scholastic requirement. He sees it as an incentive for
the students to keep their grades up.
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Director Valenzuela pointed out that the California Interscholastic
Federation's standard is 2.0, and he felt that Council was trying to
.ake this program consistent with this standard.
Commissioner Lind stated that in his opinion, the scholastic requirement
was not a big issue either way, because the type of youth involved in
the program would be getting good grades anyway.
Motion to support Council's recommendation and send the agreement back
to Council.
KSVC WILLETT/LIND 3-1 (Sandoval-Fernandez opposed)
h. Goals
Director Valenzuela presented the Commission with the Department's goals
~or the upcoming year.
Commissioner Willett commended the Director on the goals statement.
Motion to accept the departmental goals.
KSC WILLETT/ROLAND 4-0
** Motion to add Terra Nova Park Improvement plan revisions to the agenda
as an emergency item.
KSC WILLE'1"l'/ROLAND 4-0
i. ~erra Nova Park Y~Drovement Plan Revisions
Director Valenzuela introduced Nick DeLorenzo of Gillespie/ DeLorenzo
who presented the revisions and refinements to the Terra Nova Park
Improvement Plan. He did a comparison of the former and current plan
and discussed the reasons why the changes were made.
In response to Commissioner Willett's questions Mr. DeLorenzo assured
the Commission that the soccer field still meets AYSO standards.
Motion to accept the revised concept plan.
KSC WILLETT/ROLAND 4-0
5. COMMOHICATIONS
a. Written Corresnondence
NONE
b. Commissioner's Comments
WILLETT - Commended Director Valenzuela on his presentation of
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Department goals, and stated that he is qoinq to present them to the
Chula Vista 21 Committee as a quideline.
Commissioner Willett would like the Commission to be notified of all
public hearings involving parks.
LIND - Requested that the Youth Sports Council be advised when playing
~ields are qoing to be taken out of service.
Asked if the water restrictions will have an effect on ballfields.
The Director confirmed that all parks, open space and ball fields will
be affected by the water restrictions.
ROLAND - Expressed his concerns about placing parks under power lines.
6. JlONTHLY REPORT OF DEPARTMENT ACTIVITY AND COUNCIL ACTION
Director Valenzuela announced the appointment of Sunny Shy to the
position of Recreation Director for the Department.
ADJOURNMENT to the reqularly scheduled meeting of February 21, 1991.
Respectively submitted,
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ANNUAl REVIEW OF THRESHOLDS (continued)
Issues Where Thresholds Are Met
1. Police
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In 1989. the threshold for Police services was modified to address both
Priority 1 and Priority 2 calls. The threshold for Priority 1 (emergency
calls) requires that 84S of these calls be responded to within 7 minutes
and that an average response time to all priority calls of 4.5 minutes or
less be ..intained. The actual performance for 1989 indicated that 86.5S
of all Priority 1 calls were responded to within 7 minutes and that the
average response time for all priority call s was 4.21 minutes. This
indicates that the threshol d standard for priority calls was met during
1989. .. ..... - . .. .. ... .
With regard to Priority 2 calls (urgent calls) the threshold standard
requires that 62S of all Priority 2 calls be responded to within 7
minutes. and that an average respon~e time to all Priority 2 calls of 7
minutes or less be maintained. The actual performance for 1989 was that
67.5S of all Priority 2 calls were responded to within 7 minutes and the
average response time was 6.23 minutes. Again, the data indicated that
the threshold for Priori~ 2 Police services was met.
The Polfce Department did not indicate any specific concerns with regard
to its ability to continue to meet these standards during the coming year,
based on development projections.
2. ~
The threshold standard requires that 85S of all emergency fire and medical
emergency calls be responded to within 7 minutes. The actual performance
for 1989 was that 94.1S of all emergency calls were responded to within 7
minutes. This data indicates that the threshold for fire response was met
duri ng 1989.
The Fire Department indicated that they did not foresee any specific
problems with meeting the Fire threshol d standard during 1990, based on
the development. projections that were provided.
As a note to staff. the GHOC has requested that a uniformed representative
of the Fire Department attend future annual reviews of the fire threshold.
3. Parks and Recreation
The Parks and Recreation threshold is a population ratio expressed as 3.0
acres of nei ghborhood and cOlll11uni ty park 1 and, wi th appropri ate
facilities, to be provided for every 1,000 residents east of 1-805. Based
upon a City population estimate of 131,603 in. January 1990, and an
estimated 34,110 persons east of I-80S, 103 acres of park land would be
needed. The supply of park land, according to reports provided by the
Parks and Recreation Department is 200.33 acres east of 1-805. Thus, the
statistical standard has been complied with.
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However. there are 'acknowledged locational and qualitative deficiencies in
theeenual (;nii1.~sta and Montgomery communities. These deficiencies
.are a lIIlltter of concemto the GHOC. and the, Committee has expressed
concerns regarafrigtlie-CO-ntinued growth that is occurring in the central
Chula Vista and Montgomery areas without the ability to provide sufficient
park facilities. There is also 'a concern that multi-track scheduling at
existing elementary schools will reduce the availability of school play
yar,ds for recreational use. ' , , '
Therefore; tile GMOc is recommending that the "threshol d standard for parks
be revised to include a 'standard for new development west of 1-805, IS
well as -addressing park deficiencies for existing residents west of
1-805. The Committee is also recommending that beginning in the next
annual ,report of the "GHOC. information regarding parks and related
facilities west of 1-805 should be included, along with the fees being
collected from developers for park facilities in this area. This shoul d
include analysis of the use of Community Development Block Grant funds
which are allocated for park acquisition west of I-80S.
The Parks and Recreation Department indicates that it has been planning
several additional facilities. These facilities include the Eastlake
Community Park. Sunbow II Community Park, and Discovery and Explorer
neighborhood parks in the Rancho Del Rey Project.
The GMOC also discussed the issue of calculating park acreage (gross
acreage versus -net usable acreage"). which has been a concern of the City
Council and Parks and Recreation Commission as well. The Committee
discussed this matter with the Parks and Recreation Department staff, and
agreed with a proposed definition of -net usabl e" park acreage
(Attachment A). The GMOC is recommending that the City Council. after
further input from appropriate boards and commissions, approve a specific
definition of net usable acreage. and that future reports regarding
compliance with the parks threshold address park acreage in terms of -net
usable- acreage rather than gross acreage.
Other specific recommendations of the GHOC include the following:
.
1. Park Acquisition and Development Fees should be used solely for
acquisition and development of new parks. rather than for repair and
maintenance of existing park facilities.
2. Park fees should be charged for all new residential development,
rather than only for developments which require tentative map
approval. At the present time. apartment projects are not charged
PAD fees.
3. The City Council should adopt a requirement that all new multi-family
residential development provide private recreational areas (e.g.. tot
lots) wherever feasible.
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ATTACHMENT A
PROPOSED DEFINITION OF USABLE NET PARK ACREAGE
The following is a proposed definition of usable net park acreage.
1. As per Ordinance No. 2243 of the City of Chula Vista, 3 acres of land per
1,000 people is to be dedicated for park use. The total area required
for a -specific project shall be net usable acreage. Proposed park sites
will be reviewed and analyzed based on the following criteria:
" . ..
2. Areas for ball fields or built facilities (tennis courts, basketball
courts, gymnasium. etc.) shall be graded to a 2S slope to provide for
proper drainage.
3. In no case will slopes steeper than 4:1 be considered for lawn areas.
4. No perimeter slopes or interior slopes steeper than 3:1 will be given
park credit.
5. No areas wfthin an existing S.o.G. & E. easement will be given park
credi t. -
6. If unique or desirable landforms or site features are existing, they
should be integrated into the park concept and overall design.
7. Graded slopes are to be constructed to have a natural appearance. Slopes
should not be the typical constant gradient for the entire length.
8. All park areas to be handicapped accessible as per Title 24 requirements.
. .
9. Park facilities and features shall be as per the Parks and Recreation
Department guidelines and graphic standards.
10. Each proposed park site will be subject to a discretionary review and
approval by staff for the proposed location. acreage and activities.
WPC 7921P
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ATTACHMENT Al2}
DRAFT REVISED PARKS AND RECREATION THRESHOLD
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To provide a diverse and flexible park system which meets both the active and
passive recreational needs of the citizens of Chula Vista.
OBJECTIVE:
Provide public park and recreational opportunities in a timely manner,
implementing a five-year master plan which describes the location, facility
improvements, and funding program for proposed neighborhood and community
parks.
THRESHOLD STANDARD:
11
East of I-80S: three 13} net usable acres of neighborhood and community
parkland with appropriate facilities shall be provided per 1,000 residents.
West of I-80S: three {3} net usable acres of neighborhood and community
Jlarkland with appropriate facilities shall be rovided er 1 000
eSl en s or a new eve 0 men occurrl n a er u n
a lt on, e t s a a 0 t a on -ran e an 0 rov e a tlona
ar s n e area wes 0 0 mee e nee s 0 ex s n res en s
Wl a oa 0 mee n e s an ar 0 acres er reSl en on a
~w e aslS Wl n years. Implementatlon ot tnlS plan snOUld e
Tun ed Dy sources otner tnan development tees.
!l.
I.FLEHENTATION MEASURES
~, .
Should the GHOC determine that ;the Threshold Standard is not being ~atisfied,
then the City Council shall formally adopt and fund actions to bring the park
and recreation system into conformance. Construction or other actual solution
shall be scheduled to commence within three years.
If construction of needed new park and recreation facil ities is not started
within three years of the deficiency reported by the GHOC, then the City
Council shall, within 60 days of the GHOC's report, schedule and hold a public
hearing for the purpose of adopting a moratorium on the acceptance of new
tentative map applications, based on all of the following criteria:
1. That the moratorium is limited to an area wherein a causal
relationship to the problem has been established; and,
2. That the IlOratorium provides a mitigation measure to a specifically
identified impact.
Shoul"d a'moratorium be established, the time shall be used to expeditiously
prepare specific mitigation measures for adoption which are intended to bring
the condition into conformance. Any such moratorium shall be in effect until
construction of the needed new park and recreation facilities has commenced.
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COUNCIL AGENDA STATEMENT
ITEM: ~3
MEETING DATE: 4/02191
TITLE:
Report on Potential Approaches to Council Staffing
SUBMITfED BY: City Manage9' (4/5ths Vote: Yes_No.lU
At the January 24, 1991 Council Goal-Setting meeting, the Council discussed the attached
report dated January 18, 1991 regarding City Council staffing. Pages 3-5 of the report
highlighted four general options regarding Council staffing. At the meeting, some Council
interest was expressed in both options 2 & 4, with the most interest in option #4 (which
is described further below). There was a desire for staff to return with a more in depth
report which this A-113 is designed to accomplish. Several Councilmembers requested that
the City Manager review the City budget to identify potential methods for funding Council
staffing without any increase in the net City budget. There was also Council interest
expressed in forming a Council Subcommittee to further review and refine the Council
staffing issue, but the Council decided not to form a Council Subcommittee on this subject,
at least not until after the Council had considered a staff report further describing methods
of implementing Council staffing and providing funding therefore.
This report is intended to provide the follow-up information requested at the January 24
Council meeting and to provide a structure for further Council discussion and policy
direction regarding Council staffing.
RECOMMENDATION: That Council:
1. Discuss the alternative methods described in this report for implementing Council
staffing and provide further policy direction to staff (a general guide on how to
implement this is contained in the Summary section of this report).
2. Determine whether the Council wishes to form a Council Subcommittee to further
review issues related to Council staffing.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
As indicated above, at the January 24 meeting the Council expressed the most interest in
option #4 on page 5 of the attached report. This option would add the equivalent of two
full-time assistants to support the Council work effort. This would probably be in the form
of providing the equivalent of a half-time person to support each of the four
Councilmembers, with the existing Senior Management Assistant position providing support
to the Mayor and helping coordinate the activities of the four part-time assistants to try to
avoid duplication of effort. Alternatively, there could be two full-time positions that would
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PAGE 2, ITEM: 33
MEETING DATE: 4/02/91
support the four Councilmembers with each Councilmember entitled to half of the time of
one of these two full-time assistants. The remainder of this report is based on the
assumption that Council is interested in pursuing the four part-time assistants as the
preferred approach to implementing option #4.
In terms of the type of support that Council assistants would provide to individual
Councilmembers, it is presumed that most of the effort would be in the areas of constituent
and community relations and policy development and review. The constituent and
community relations category would include such activities as responding to citizen
inquiries and complaints, attending meetings of various community groups on behalf of a
Councilmember, and assisting with special community events. The policy development and
review category would include information gathering, research, and helping formulate
proposals from a Councilmember for consideration by the entire City Council. The Council
assistants would also help coordinate requests for information from Councilmembers to the
City Manager's office and other City staff.
The remainder of this report addresses the following four issues:
1. Employee status and method of selection
2. Ongoing cost and how to pay for assistants
3. Physical location and initial facilities
4. Role and coordination issues
1. EMPLOYEE STATUS AND METHOD OF SELECTION
In order to provide maximum flexibility, particularly in the scheduling of hours for Council
assistants, and to help minimize their cost, it would probably be most appropriate to have
the Council assistants as unclassified part-time hourly employees. As long as they work
fewer than 999 hours per fiscal year, employees in this status generally do not receive
benefits (e.g. paid vacation, PERS retirement or health insurance) other than Medi-Care
and (starting July 1) Social Security contributions.
There is some ambiguity in the City Charter regarding whether the Council can appoint
employees (in addition to the Secretary to the Mayor and Council) within the Office of
Mayor and City Councilor whether the City Manager must make such appointments. The
City Attorney's Office is further reviewing this legal issue, but even if the City Manager is
required to make such appointments the involvement of the Councilmember to be
supported by an assistant would certainly be sought in selecting and evaluating the
assistant.
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MEETING DATE: 4/02191
If the City Attorney's Office determines that the City Charter does not require that the City
Manager appoint the Council assistants, the City Manager's staff could assist in recruiting
and/or screening candidates if the Council so desires. The positions could be advertised
and the applications screened, with the better qualified candidates interviewed by the City
Manager's staff and the resulting top three to five candidates provided to the
Councilmembers for final evaluation. To make this approach workable, however, the
individual Councilmembers would need to inform the City Manager's office of their needs
in terms of scheduling the assistant's hours of work (such as evenings or weekends) and
in terms of skills that are particularly important to meet an individual Councilmember's
support needs. This type of assistance in the selection process is entirely optional,
however, for unclassified part-time hourly employees, and it might be more efficient for the
Councilmembers to conduct their own selection process. It should be noted, however, that
the City Attorney's Office advises that the entire City Council would need to appoint the
assistants, not individual Councilmembers.
2. ONGOING COST AND HOW TO PAY FOR ASSISTANTS
The cost of the Council assistants could vary, depending upon the level of support,
education, and experience expected of them. For purposes of discussion, however, it is
assumed that the cost of each part-time assistant would be in the range of $10,000 -
$18,000 (including Medi-Care and Social Security contributions equal to 7.65% of salary)
per year for up to 999 hours of work! For four assistants, the total cost is thus estimated
to be between $40,000 and $72,000 per year. If a current or future Councilmember
decides not to have a Council assistant, this would reduce the cost of Council staffing
accordingly.
As Council requested, staff has prepared a list of several alternatives to cover all or part of
the cost of Council assistants so that these positions would not have an adverse impact on
the General Fund. Those alternatives are described below.
The first two alternatives involve cost reductions that are either already in progress or are
already planned:
A. The phase out of the payments to the Bonita/Sunnyside Fire Protection
District for automatic aid.
'The City of Irvine, for example, allocates $18,000 per Councilmember for staff assistance.
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MEETING DATE: 4/02/91
In November 1989 the City and the Bonita/Sunnyside Fire Protection District
agreed to phase out the payments the City had previously made to the
District for automatic aid response. Under this phase out program, the FY
1988-89 payments to the District of over $50,000 were reduced to $35,000
in FY 89-90, to $20,000 in FY 90-91, to $5,000 in FY 91-92, and will be
eliminated in FY 92-93. When this phase out is complete, the annual savings
to the City will be over $50,000. As indicated above, $15,000 of this
reduction is thus occurring in the current fiscal year, and an additional
$15,000 will be saved next fiscal year.
B. Elimination of the fourth Battalion Chief position in the Fire Department.
When the Montgomery area annexed to the City, the City absorbed the
Montgomery Fire Protection District staff, including its Chief as a fourth
Battalion Chief in the Chula Vista Fire Department. When he retires at the
end of December, 1991, staff is proposing that the fourth Battalion Chief
position be eliminated. This will result in a savings of approximately
$42,500 for the last half of FY 1991-92, and $85,000 for each full-year after
the position is eliminated.
Potential reimbursements to the General Fund from other funding sources could also reduce
or eliminate the net cost of Council assistants:
C. Reimbursements from non-General Fund sources.
Although it is difficult to accurately project the level of reimbursements until
the cost and actual work of the Council assistants are better defined, it is
likely that a minimum of $10,000 of the cost of Council assistants could be
reimbursed to the General Fund from such sources as the Redevelopment
Agency, Sewer, and Transit funds.
The following is a potential further cost reduction that could be considered in order to help
fund the cost of the Council assistants:
D. Reduction or elimination of Council Contingency Fund.
For each of the last several years there has been $30,000 of General Fund
money and $20,000 of Redevelopment Agency funds appropriated as a
Council Contingency Fund. Focussing on just the $30,000 in the General
Fund Council Contingency Fund, the following amounts have been spent in
recent years: $8,300 in FY 1987-88, $27,000 in FY 1988-89, $18,000 in FY
1989-90, and $6,100 so far in FY 1990-91.
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MEETING DATE: 4/02/91
Reducing the General Fund part of the Council Contingency Fund from $30,000 to
$15,000, in conjunction with the savings and reimbursements described above in A, B, and
C, more than covers the estimated cost of the Council assistants. Obviously, retaining the
Contingency Fund at its current level, there still would be adequate savings/revenues to
cover this staffing cost.
In addition to the above items, staff has identified the following two items that are not
recommended at this point but that are potential alternatives Council might want to
consider:
E. Elimination of part or all of one full-time equivalent Clerical Aide in the
Library Circulation staff.
With the implementation of the new automated circulation system later in
April and the merger of the formerly separate audio-visual circulation staff
with the main circulation staff, staff expects there to be some efficiencies that
might allow the reduction of one full-time equivalent position. On the other
hand, Library staff predict that certain features of the new automated system
may result in higher volumes of circulation and thus increased circulation
workload. While Library staff would prefer to have an opportunity to
evaluate both the potential efficiencies and the potential circulation increase
resulting from these changes before determining whether a position could be
eliminated, this is nonetheless a possible area of reduction. The elimination
of one full-time equivalent Clerical Aide would save about $14,800 per year.
F. Elimination of a Gardener I position in Parks & Recreation Department.
Depending on the water conservation efforts that are implemented, there
may be less need for park maintenance staff. The elimination of a Gardener
I position would save approximately $32,500 per year.
3. PHYSICAL LOCATION AND INITIAL FACILITIES
There are three general approaches staff has identified for the physical location of the
Council assistants. The first approach would simply be to have the Council assistants share
the existing desk of the Councilmember the assistant would be supporting. The second
alternative would be to create a separate work area for the assistants in the back of the
Council Conference Room. This could be in the form of four separate work areas or a
common work area shared by the assistants. This alternative would require additional
furniture but would avoid what may be the congestion of having the Council assistants
share the Councilmember's desks. Using the area at the back of the Council Conference
Room for work areas for Council assistants would, however, interfere with the seating area
when the City Council, Redevelopment Agency or Board/Commission meetings are held in
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MEETING DATE: 4/02191
the Council Conference Room unless only a very small amount of work space is provided
for the Council assistants. There are usually 3-4 meetings per month held in the Council
Conference Room that include an audience. Council may want to consider moving some
of these meetings to the Council Chambers, particularly since at a number of Council and
Agency meetings held in the last few years the Council Conference Room has not been
large enough to provide seating for everyone who wanted to attend the meetings.
The third alternative would be to add some additional office space onto the northwest end
of City Hall. The type of remodeling that would be appropriate would need to be further
reviewed if Council wished to proceed with this approach, but the cost would probably be
in the general range of $30,000 - $45,000.
In addition to determining the physical location of the Council assistants, appropriate
furniture and equipment would need to be determined. This could include desks, tables,
chairs, guest chairs, telephones, and possibly a microcomputer shared by the Council
assistants. Depending upon the degree to which furniture is shared and the equipment that
is included, the cost for furniture and equipment could range from no cost (if the assistants
simply shared the desks of the Councilmembers) up to about $10,000 (if each assistant had
their own chair, desk, guest chair, and telephone with a shared computer and printer).
4. ROLE AND COORDINATION ISSUES
If the City Council decides to utilize Council assistants, there are a number of role and
coordination issues which need to be addressed. These issues have been developed after
conversations with staff in other small to medium sized cities which have Council staff.
Those issues include the following:
A. There would need to be coordination among the Council assistants,
particularly in terms of responding to the same routine citizen inquiry or
complaint. Without such coordination, a citizen who wrote a letter to each
Councilmember might receive four or five different responses, potentially
creating confusion for the citizen receiving the responses. In addition,
several different Council assistants might be contacting City staff to obtain
the information necessary to respond to the citizen letter. To avoid both the
potential for confusion and the potential for duplication of effort, some
coordination among the Council assistants would be helpful. Such
coordination could be one of the responsibilities of the existing Senior
Management Assistant position.
It should be recognized, however, that this coordination would not preclude
individual Councilmember responses on non routine issues. This could be
appropriate in relation to responses regarding a particular policy or issue
where there is a difference in position among members of the Council.
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B. Another issue involves the number of Council assistants. A Councilmember
could conceivably want to hire several assistants like graduate students for
a few hours each week within the amount of money allocated. The more
people involved, however, the greater the likelihood of confusion,
miscommunication, and duplication of effort. In one City, for example, each
Councilmember had $18,000 per member for part-time staff. At one time
they collectively had 17 part-time assistants involved. It reached the point
where even each Councilmember could not keep up with who was working
for whom (they called them "Gremlins") and they initiated a policy of only
one part-time assistant per Councilmember. Staff would also suggest that the
Council limit the number of Council assistants to one per Councilmember.
C. The Council assistants would be prohibited from participating or assisting in
any improper political activities as set forth in Section 707 of the City
Charter. Similarly, the Council assistants would be subject to the prohibited
acts listed in Section 305 of the City Charter relating to interference with the
City Manager or Department Heads in their performance of duties. The
Council assistants would essentially be subject to the same prohibitions as
already apply to Councilmembers themselves.
These Charter prohibitions include: (1) not using official influence to aid
any partisan political activity or solicit political contributions; (2) not using
any office or position with the City in support or opposition to candidates for
Mayor or City Council; (3) not attempting to unduly influence the City
Manager or department heads in the performance of their duties; and (4) not
performing any administrative or executive functions except those authorized
by the Charter or by ordinance; and (5) except for purposes of inquiry, not
dealing with that part of the administrative service for which the City
Manager is responsible except through the City Manager (or his designee).
D. If a Councilmember does not use his/her assistant to the extent authorized,
the Council may want to authorize the City Manager's office to assign
projects to them on a time available basis, with the Councilmember's support
always coming first. If such assignments were appropriate, the Senior
Management Assistant could help coordinate them. In one City surveyed for
example, this was found useful to achieve maximum productivity from all of
the staff aides.
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The above issues are highlighted based on comments provided by other cities contacted
that have more experience with Council assistants. They are mentioned so that the
structure of Council staff support can be made to work as smoothly, effectively, and
efficiently as possible.
SUMMARY
It would appear that the general Council objective expressed at your January 24 meeting
could be accomplished by:
1. Creating four unclassified part-time hourly positions in the Mayor/Council
Office this current fiscal year to be funded out of the Council Contingency
Fund and/or salary savings, and directing that $40,000 be placed in next
year's Mayor/Council budget for this purpose, with at least an equal amount
of money removed from other parts of the City budget so that there will not
be a negative impact on the overall City budget.
2. Allocate no funds for furniture, since it is assumed that the staff will use
current desks and furniture in the conduct of their duties.
3. Establish a Council subcommittee to work out in more detail with the City
Manager the "role and coordination" issues described in this report.
FISCAL IMPACf: As described in more detail in the Discussion section of this agenda
statement, the cost of implementing Council staffing would vary, depending upon the level
of support, education, and experience expected. For four part-time assistants, the total cost
is estimated to be between $40,000 - $72,000 per year. Office space, furniture, and
equipment needs could also require one-time funding, depending on Council's policy
direction regarding facilities needs. A number of alternatives are discussed in the report
that would cover all of these costs.
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January 18, 1991
TO: The Honorable Mayor and City Council
FROM: John D. Goss, City Mana~-
SUBJECT: City Council Staffing
At the City Council meeting of Thursday, January 24, 1991, you will be
discussing goals and objectives for the City in the coming year in an effort
to determine if there are any changes of priorities, projects to be added or
dropped, etc. It was also indicated that there was desire to discuss at this
meeting the needs of the City Council regarding staff support. By way of a
separate memo, you will receive a list of current major projects for Council
rev:iew, deliberation and feedback as to the relative importance and priority
of these projects. The purpose of this memo is to discuss the support
staffing needs of the City Council.
The City Council authorized in 1986-87 a Senior Management Assistant position
in the City Manager's Office to provide, in addition to clerical assistance1,
full-time staff support for the Mayor and members of the City Council. The
reason for this position was that the workload in the Mayor/Council Office had
increased because of the establishment of a full-time Mayor's position in
1982, the increased size of the City as a result of the Montgomery annexation
in late 1985, a number of pending complex development proposals, and more of
an emphasis on intergovernmental relations on the part of Chula Vista.
Since the creation of the Senior Management Assistant position, Chula Vista's
population has increased from 123,667 to 134,000, and the level of activity of
the City has increased with a number of new major projects being added to the
old ones.
It is difficult for staff to project what the support needs of the individual
members of the City Councilor the City Council collectively might be without
some input from the Council on these needs. The purpose of this report is to
basically provide some staffing options that would be available to the City
Council if there is a desire to increase the current staffing level. In
determining what your support needs may be, it may hinge on how you might
answer the following questions (and possibly some other questions as well.)
lIn addition to the Mayor-Council secretary, a 1/2 position was added mid-year
1984-85, and that position was made full-time in 1989-90.
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1. . How active have you and will you be as a City Councilmember? Also, what
role does a Councilmember now fulfill politically.
Historically, it appears that the role of a Councilmember in Chula Vista
has been to interact with citizens, either face-to-face, by telephone, or
by letter, attend community meetings, review staff reports, make policy
decisions at City Council and Redevelopment Agency meetings and give
! policy direction for the growth and operation of the City. In a few other
cities, however, Councilmembers are becoming more politically active. In
a few cities our size, for example, Councilmembers have either a part-time
or full-time aide to help further political initiatives of that
Councilmember, review staff reports and either underline pertinent parts
'or prepare summaries, and interact with the staff or public on behalf of
the Councilmembers.
These two descriptions of the traditional method in which City
. Councilmembers have proceeded in Chula Vista and the method utilized in
some other communities, are not designed to be complete or comprehensive
but only to give a ~ouple of illustrative scenarios that might help you
assess your answer to the question as to how active the Council job is
. now, and what political style might be utilized in performing the City
Councilmember role.
2. Also, is the existing level of support of Senior Management Assistant and
. two clerical staff sufficient and, if it is not, whether or not existing
staff should be further utilized to provide further support to the Council
or whether or not additional collective or individual support for
,Councilmembers is necessary.
BACKGROUNO
In order to provide a range of options and to gain a better understanding of
what the practice is in other communities, I attended a session at the Annual
League of California Cities Conference in October 1990 entitled, "Large City
Session: Elected Officials Staff Forum." The purpose of attending this
meeting was to learn what some other cities might do by way of having staff
supporting elected officials. The largest city represented was the.City of
Los. Angeles, specifically Councilmember Joy Picus, who is elected by' .
district. It was indicated that she has 12-14 staff people plus 2 clerical
individuals to basically handle the functions of constituent relations and
policy analysis. The City of San Jose (765,207), which was the largest
Council-Manager city represented in the session, has 2 contract employees per
Councilmember. The next largest was the City of Santa Ana (287,983), which
has 2 staff people for their 7 member Council. One apparently handles
constituent relations, while the other does research on policy development.
These employees are part of the City Manager's Office that provide support to
the Mayor and Council. Finally, the City of Hayward (population 106,000) has
one full-time person that works with the City Manager supporting the Mayor and
the Council Office. That person is responsible for constituent relations,
policy analysis, research, employee newsletter, and administering the cable
t.v. and garbage franchises.
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In terms of comparable practice throughout the State, it is very clear that
very large cities, such as San Diego, Los Angeles, San Francisco, San Jose,
and Long Beach, have 1 or more staff people to support each Councilmember.
For medium size cities in Chula Vista's population range (75,000-150,000
population), of which there are approximately 50, most cities do not have
individual Council aides, although there are exceptions to this, including the
cities of Berkeley, Santa Monica, Irvine, West Hollywood and Oceanside.
Locally, in comparing the third and fourth largest cities in San Diego County,
namely Oceanside and Escondido, one finds two different approaches toward
providing staff assistance to Council. In Escondido, there was a proposal to
add staff aides to support individual Councilmembers. But, apparently because
of adverse public criticism, the City Council backed away from that position
and receives support from staff in the City Manager's Office on projects in
which the Council has interest, such as recycling and construction of an arts
center.
In Oceanside, on the other hand, approximately three years ago the City
Council established a full-time aide for each member of the City Council.
Their responsibilities included arranging for celebrations and special events,
attending meetings for City Councilmembers, and generally handling constituent
relations. These aides are supervised by the City Manager's Office. It is
difficult to judge the level of activity of each City, or the effectiveness of
the two City Councils, but both cities seem to be very active, there is a
general perception, although maybe not an accurate one, that the Oceanside
City Council is a little more politically oriented than Escondido.
OPTIONS
In terms of options for the Council, there are probably an infinite number of
combinations that would be possible depending on the Council's perceived need
for additional support. It should be made clear that the City Manager and his
staff stands ready to work with any configuration of support Council desires.
It is clear in the Council-Manager form of government that the City Manager
and his staff (and this also applies to the City Attorney and the City Clerk)
are. available to provide needed support to the Mayor and the City Councf-l.
This is our job and our responsibility which we stand ready to perform. The
question is what form that support is going to take.
There appear to be at least four options that could be suggested. These are
as follows:
1. : Maintain the status quo, which is one Senior Management Assistant plus two
. 'clerical staff.2 The disadvantage to this option is that if your current
needs for Council support are not being met, then you cannot adequately
: fulfill your role as a Councilmember.
lA refinement to this would be to better use the existing resources of staff
in Administration and other support services. Option #2 is one, but only one
form that this could take.
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2. Another option would be to maintain the existing staff in the
Mayor/Council Offices and then assign a currently employed Management
Assistant elsewhere in the City to each Councilmember to provide support
to them in terms of constituent relations and research for policy and
issues. Currently, the City has Management Assistants in Administration
(3), and one each in Police, Public Works, and Parks & Recreation. Each
person would continue to do their current job, but four of this number
. would be a direct contact person for each Councilmember .in addition to
these regular duties, to provide staff support as needed. This would
obviously have to be coordinated through a Deputy City Manager to provide
continuity and coordination. The advantage of this alternative is that
there would be no increase in payroll and each Councilmember would have an
individual staff person to assist them on a part-time basis on constituent
relations and policy development.
The disadvantages to this option are that the individual staff people are
: spread throughout the Civic Center complex, may not be immediately
accessible to the Councilmember, and it may hurt their current work
effort. If this option is pursued, it probably should be pursued on a
trial basis to determine if the disadvantages just cited would really be
problems. It may be that each of those disadvantages could be mitigated
depending on the individual involved and the needs of the individual
Councilmember.
3. Another option would be to add a second full-time professional staff
position to provide support to the City Council. It appears that the
basic duties of support staff for most Councils in other cities involves
constituent relations, including response to complaints, phone calls,
preparation of letters, resolutions and proclamations; assisting with
special community events; performing research; and assisting a
Councilmember in developing policy initiatives. This would basically
parallel the support structure provided by the City of Santa Ana where one
staff person is responsible for constituent relations and the second staff
person is responsible for research and policy development. The advantage
of this proposal is that it not only would increase the amount of Council
support and alleviate Council workload, but would also provide a better
focus on the basic functions of Council support staff than is. currently
the case and probably would provide a better division of responsibility
between constituent relations and policy development functions. It
probably would provide for better coordination of responses to constituent
letters and would be less expensive than the next alternative.
The disadvantage, however, is that it is more expensive than the first two
alternatives and each Councilmember would not have their own person to
support their work as a Counci 1 member , and therefore may not meet
Councilmembers' individual needs for support.
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4. The next option would be to add the equivalent of two more full time staff
to support the Council work effort. This could be in the form of a
half-time person to support each member of the Council (the Senior
Management Assistant would still support the Mayor), or there could be two
full time positions that would support the remaining four members of the
Council. The advantage to this option is that each Councilmember could
have their own person to help support their work effort and to be able to
individualize the response to constituent relations and policy development
initiatives compared to the current level of support.
The disadvantages are that this option would be more costly than the other
options (at least Options #1 and 2) and, depending upon the level and
number of staff and the overall guidelines provided such staff, there
could be, as has been the experience of other cities, some coordination
and communication issues that would need to be resolved.
There are obviously other options such as some combination of the above
options, using the equivalent resources of a Senior Management Assistant
position for presumably five part-time contractual employees, providing a
full-time staff person for each Councilmember or providing a part-time person
to each Councilmember at their option. But regardless of the option
selection, the City Manager stands ready to provide support for Council as
needed, with the real issue being what form should the support take.
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