HomeMy WebLinkAboutAgenda Packet 1994/08/02
Tuesday, August 2, 1994
4:00 p.m.
"\ declare wn1er penalty of perjury that I alf{
employed by the City of Chula Vista In the
('ffice of the City Clerk and thai;. I posted
t'lls Agenda/Notice on the Bulletin B~ard at
1"e publie rvie ,s, uildin'l and_~t CI.3 Hall o:,....a>-~
[:.'\TED, 7..~ . SIGNED /
Reilular Meetimz of the City of Chuta Vista City Council
Council Chambers
Public Services Building
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Fox _' Horton _, Moore _. Rindone _, and
Mayor Nader _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
July 19, 1994 (City Council) and July 19, 1994 (Joint Meeting of the
City CounciliRedevelopment Agency)
3.
APPROVAL OF MINUTES:
4. SPECIAL ORDERS OF THE DAY: None submitted.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 12)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green fonn to speak in favor of the staff recommendation; complete the pink fonn to speak in opposition to
the staff recommentlation.) Items pulled from the Consent Calentlar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a.
Letter requesting an O\IIlortunity to meet with the Mayor in the near future regarding a
contract between the City of Chula Vista and the Solid Waste Authority - Henry D.l.
Abarbanel, Member, City of Del Mar, and Dal Williams, Member, City of Vista, Solid Waste
Authority, 1600 Pacific Highway, Room 215, San Diego, CA 92101-2470. It is recommended
that Council designate one or two members to meet with the Solid Waste Authority
representatives.
b.
Requesting a letter andlor resolution be sent to the Chairmen of the Assembly Public Safety
Committee, Senate Judiciary Committee, Assembly Ways and Means Committee, and Senate
Appropriations Committee to inlluence legislators to vote for crime bills which will make
criminals fear the consequences of committing crimes - Collene Campbell, Mayor, City of San
Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. It is recommended that
Council support the list of Bills, as it may be amended by Council, and direct staff to send
appropriate letters of support to the Legislature.
Agenda
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August 2, 1994
6. RESOLUTION 17591 REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
SAN DIEGO TO CONSOLIDATE A SPECIAL MUNICIPAL RUNOFF
ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION
23302 OF THE ELECTIONS CODE AND FOR SUBMISSION TO THE
VOTERS A QUESTION RELATING TO AMENDING THE CHARTER
TO CAUSE THE DATE OF GENERAL MUNICIPAL ELECTIONS TO
COINCIDE WITH THE DATE OF STATE PRIMARY ELECTIONS -
Consolidation of elections saves the City thousands of dollars in operating
expense. To consolidate the Special Municipal Runoff Election with the
Statewide General Election the County Board of Supervisors must give their
consent. An amendment to the Charter is proposed to automatically coincide the
date of General Municipal Elections with the date of State Primary Elections in
the future. Staff recommends approval of the resolution. (City Attorney and
City Clerk)
7. RESOLUTION 17592 AMENDING FISCAL YEAR 1994/95 BUDGET, PROVIDING FOR A
GENERAL FUND APPROPRIATION TO THE GENERAL LIABILITY
INSURANCE ACCOUNT - Due to the settlement of the Janey Hummell
lawsuit, an appropriation from the General Fund of $275,000 is needed. Staff
recommends approval of the resolution. (Director of Personnel) 4/5th's vote
required.
8. RESOLUTION 17593 ADOPTING NEGATIVE DECLARATION IS-94-26; APPROVING THE
CLOSURE OF THIRD A VENUE TO VEmCULAR TRAFFIC BETWEEN
"E" STREET ANDDA VIDSON A VENUE ON THURSDAY AFTERNOONS
BETWEEN 2:00 P.M. AND 8:00 P.M. FOR A FARMERS' MARKET
SPECIAL EVENT SUBJECT TO CONDITIONS, AND WAIVING
BUSINESS LICENSE FEES FOR THE VENDORS PARTICIPATING IN
THE SPECIAL EVENT - The Downtown Business Association is proposing
to establish a certified Farmers' Market special event in Town Centre I. The
Market is proposed to be conducted every Thursday between 3:30 p.m. and 7:00
p.m. and is planned to be located within the Third Avenue street right-of-way
between "E" Street and Davidson A venue. Approximately 25 produce vendors
will participate. Staff recommends approval of the resolution. (Director of
Community Development)
9.A. RESOLUTION 17594 AUTHORIZING ISSUANCE OF BONDS, APPROVING FORMS OF
BOND INDENTURE, BOND PURCHASE CONTRACT AND
PRELIMINARY OFFICIAL STATEMENT FOR ASSESSMENT DISTRICT
NUMBER 90-2 (OTAY VALLEY ROAD) LIMITED OBLIGATION
IMPROVEMENT BONDS, SERIES B - On 6/23/92, Council approved the
formation of the Assessment District for the widening of Otay Valley Road. On
6/30/92, Council authorized the issuance of bonds, approving the form of the
bond indenture and related documents. The bond indenture was further
modified on 7/27/93 to include the Limited City Pledge to provide security
enhancement for parcels in Otay Rio Business Park. Present action will
authorize the issuance and use of the second bond series, Series B, for Phase II
construction. Staff recommends approval of the resolutions. (Director of Public
Works, Director of Finance, and Director of Community Development)
Agenda
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August 2, 1994
B. RESOLUTION 17595 AUTHORIZING THE APPROPRIATION OF FUNDS FROM FUND 637,
IMPROVEMENT FUND FOR ASSESSMENT DISTRICT NUMBER 90-2
(OTAY VALLEY ROAD), TO CIP PROJECT ST-l23 CONTINGENT
UPON SERIES B BOND SALE; AND, RENEWING THE LIMITED CITY
PLEDGE TO PROVIDE SECURITY ENHANCEMENT FOR PARCELS
IN OTAY RIO BUSINESS PARK (ASSESSMENT NUMBERS 102-149)-
4/5th's vote required.
C. RESOLUTION 17596 AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO
INITIATE FORECLOSURE PROCEEDINGS ON DELINQUENT
PARCELS IN ASSESSMENT DISTRICT NUMBER 90-2 (OT A Y V ALLEY
ROAD)
10. RESOLUTION 17597 AUTHORIZING ISSUANCE OF BONDS, APPROVING FORMS OF
BOND INDENTURE, BOND PURCHASE CONTRACT AND
PRELIMlNARY OFFICIAL STATEMENT FOR ASSESSMENT DISTRlCT
NUMBER 92-02 (AUTO PARK) - On 3/23/93, Council adopted the resolution
of intention to order the acquisition and financing of certain infrastructure
serving the Auto Park development pursuant to the Municipal Improvement Act
of 1913. The two public hearings required by law were held on 6/8/93 and
6/22/93. On 8/24/93, Council approved the Acquisition/Financing Agreement
and on 9/28/93, confirmed the assessment and approved the Engineers Report
for Assessment District 92-2 (Auto Park). Staff recommends approval of the
resolution. (Director of Public Works)
II.A. RESOLUTION 17598 APPROVING FINAL MAP OF TRACT 93-03, TELEGRAPH CANYON
ESTATES NEIGHBORHOOD 2 UNIT 2, ACCEPTING ON BEHALF OF
THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP,
AND THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT - On 1119/93, Council
approved the Tentative Subdivision Map for Tract 93-03, Telegraph Canyon
Estates. Under consideration are the fifth and sixth final maps for said tentative
map. Staff recommends approval of the resolutions. (Director of Public
Works)
B. RESOLUTION 17599 APPROVING FINAL MAP TRACT 93-03, TELEGRAPH CANYON
EST A TES NEIGHBORHOOD 3 UNIT 2, ACCEPTING ON BEHALF OF
THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP,
AND THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
12. REPORT GRADING MODIFICATIONS FOR ELEMENTARY SCHOOL SITE
(EASTLAKE GREENS) - The Chula Vista Elementary School District is ready
to begin construction for a new school in EastLake Greens. It is hoped that the
school will be ready for classes at the beginning of the Fall 1995 term. In order
to build the school, they need to modify the grading plan from the original
grades shown in the tentative map for EastLake Greens. The report discusses
the grading modification. Staff recommends Council accept the report.
(Director of Public Works)
* * END OF CONSENT CALENDAR * *
Agenda
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August 2, 1994
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised andlor posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Fona" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green fona to speak in favor of the staff recommendation; complete
the pink fona to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
13.
PUBLIC HEARING
CONSIDERING TESTIMONY ON THE ESTABLISHMENT OF ZONE E
WITHIN EASTLAKE MAINTENANCE DISTRICT NUMBER ONE, FOR
THE PERPETUAL MAINTENANCE OF TELEGRAPH CANYON
CHANNEL - On 5/24/94, Council declared the intention to establish Zone E
within EastLake Maintenance District Number One (ELMDI) to provide for the
maintenance of Telegraph Canyon channel. The public hearing will consider
testimony for assessing benefitting properties within EastLake Maintenance
District Number One for their pro rata share of the costs. Staff recommends
approval of the resolution. (Director of Public Works) Continued from the
meeting of 7/26/94.
RESOLUTION 17588 ESTABLISHING ZONE E WITHIN EASTLAKE MAINTENANCE
DISTRICT NUMBER ONE, CONFIRMING THE REPORT, ORDERING
THE IMPROVEMENTS AND LEVYING THE FIRST YEAR
ASSESSMENT FOR FISCAL YEAR 1994/95
ORAL COMMUNICATIONS
This is an opportunity for the general public to OJidress the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the City
Council from taking action on any issues not included on the posted agenlla.) If you wish to address the Council
on such a subject, please complete the yellow "Request to Speak Under Oral Communications Fona" available
in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name
and address for record purposes and follow up action. Your time is limited to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions andlor Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantilll 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" fona available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
14.
ORDINANCE 2596
AMENDING SECTIONS 13.14.100 AND 13.14.150 OF THE MUNICIPAL
CODE RELATING TO SEWAGE PUMP STATION CHARGES AND
ORDINANCE NUMBER 2461 AND REPEALING ORDINANCE
NUMBERS 2181, 2286, AND 2477 TO DISSOLVE SPECIAL SEWER
SERVICE RATE AREAS (second readin!! and adoDtinnl - On 5/17/94,
Council approved Policy Number 570-03, Sewage Pump Station Financing
Policy. The Policy provides that all existing Sewer Service Rate Areas, which
provide for the financing of maintenance and operation costs of public sewage
pump stations by property owners, be modified as of 7/1/94. Ordinances 2181,
2286, 2477, and Resolutions 6833 and 8028 must be repealed and Ordinance
Agenda
-5-
August 2, 1994
2481, all of which established Special Sewer Service Rate Areas, must be
amended to comply with the Policy. The Master Fee Schedule and Municipal
Code need to be updated to re!lect the provisions stated in the Policy. Staff
recommends Council place the ordinance on second reading and adoption.
(Director of Public Works) Continued from the meeting of 7/26/94.
15. RESOLUTION 17577 PROVIDING FOR THE ESTABLISHMENT AND ADMlNlSTRATION OF
A CITY-WIDE RECORDS MANAGEMENT PROGRAM FOR BOTH THE
ACTIVE AND INACTIVE SYSTEMS, INCLUDING RETENTION
SCHEDULES AND PROCEDURES, AND AUTHORIZING THE
DESTRUCTION OF PUBLIC RECORDS - In June 1991, Council approved
a CIP Project for a City-wide Records Management Program. Included in the
project was the hiring of a consultant to assist in the design of a records
program. Since that time, the program has been developed with input from all
departments. Staff recommends approval of the resolution. (City Clerk)
Continued from the meeting of 7/26/94.
16. RESOLUTION 17584 AUTHORIZING THE PURCHASE OF TRANSIT BUSES ON
COOPERATIVE BID - The Fiscal Year 1994/95 Transit Division budget
provides for the purchase of two (2) transit buses. The City is able to obtain the
buses via a County of San Diego bid. Staff recommends approval of the
resolution. (Director of Public Works) Continued from the meeting of
7/26/94.
17. RESOLUTION 17585 APPROVING UNIFORM FARE STRUCTURE AGREEMENT FOR
TRANSIT SERVICES - The agreement incorporates three major cooperative
functions among transit operators under the Metropolitan Transit Development
Board jurisdiction: cash fare structure; transfer procedures; and, regional
passes, including revenue distribution. The primary changes to the Fiscal Year
1994/95 agreement are price increases for some regional passes. Staff
recommends approval of the resolution. (Director of Public Works) Continued
from the meeting of 7/26/94.
18. RESOLUTION 17586 APPROVING AMENDMENT TO AGREEMENT WITH THE SAN DIEGO
TRANSIT CORPORATION (SDTC) - The amendment to the agreement for
Fiscal Year (FY) 1994/95 continues Chula Vista Transit's participation in
regional transit information service at a cost of $21,541, a 5.6% decrease from
the FY 1993/94 cost of $22,766. Staff recommends approval of the resolution.
(Director of Public Works) Continued from the meeting of 7/26/94.
19. RESOLUTION 17600 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE
FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO
THE ENGINEER'S REPORT AND LEVYING THE ASSESSMENTS FOR
FISCAL YEAR (FY) 1994/95 FOR EASTLAKE MAINTENANCE
DISTRICT NUMBER ONE - ZONE D - On 6/14/94, Council directed staff
to meet with the property owners of Salt Creek I to discuss the open space
(EastLake Maintenance District Number I - Zone D) budget and proposed
assessments for FY 1994/95 before Council would consider levying the annual
assessment. The item considers the issues raised at the meeting. Staff
recommends approval of the resolution. (Director of Public Works) This item
will not be considered Drior to 6:00 D.m.
20. REPORT JOINT MEETING WITH SOUTHWESTERN COLLEGE BOARD TO
DISCUSS TRANSIT FACILITY PROJECT - The background information is
submitted to Council in preparation for the joint meeting on 8110/94 with
Southwestern College Board to discuss the transit facility project. Staff
recommends Council accept the report. (Director of Public Works)
Agenda
-6-
August 2, 1994
21.
REPORT
UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
A. ORAL REPORT REGARDING LEGAL REMEDIES TO
PROPOSED JPA RATE STRUCTURE - Continued from the
meeting of 7/26/94.
22.
REPORT
UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report will
be given by staff.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to jive minutes per individual.
OTHER BUSINESS
23. CITY MANAGER'S REPORTCSI
a. Scheduling of meetings.
24. MAYOR'S REPORTCSI
a. Ratification of appointment: William Virchis - Cultural Arts Commission. Continued from the
meeting of 7/26/94.
b. RESOLUTION 17590 OPPOSING ANY DELAY IN THE CONSTRUCTION OF THE
PRIMARY TREATMENT PHASE OF THE INTERNATIONAL
TREATMENT PLANT AND DEMANDING THAT THE LOCAL
CHAPTER OF THE SIERRA CLUB DROP ITS OPPOSITION TO
THE CONSTRUCTION OF THE MECHANICAL PRIMARY
TREATMENT PHASE AND ENTER INTO A NEGOTIATED
SETTLEMENT WITH THE INTERNATIONAL BOUNDARY
AND WATER COMMISSION (IBWC) AND ENVIRONMENTAL
PROTECTION AGENCY (EPA) FOR FUTURE STUDY OF
ADVANCED INTEGRATED PONDING SYSTEMS FOR
SECONDARY AND TERTIARY TREATMENT PURPOSES
Continued from the meeting of 7/26/94.
25. COUNCIL COMMENTS
Councilmember Horton
a. Legislative Committee items for Council consideration:
. OPPOSE SB 845 (Rogers) Enterprise Zones
. SUPPORT SB 1779 (Bergeson) Graffiti Prevention
Agenda
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August 2, 1994
Councilmember Moore
b. Potential Motion: When an item is being considered by staff for Council action that involves the
business community, the Chamber of Commerce will be invited to participate in the associated
workshops leading to a report/ordinance/resolution and Council action. Ref: minutes of August
24, 1982 and October 5, 1982 Council Meetings with motions similar to above.
Excerpt: Council Meetin.. Au.ust 24. 1982
MSUC (Moore/Cox) that when staff is considering cbanges to the streets' usage, that they
maintain a liaison with the Chamber of Commerce while still in the planning stage.
Excerpt: Council Meetin.. October 5. 1982
MSUC (Moore/Malcolm) that in the future any items being referred to the City Council that affect
the business community that staff send those items to the Chamber of Commerce for their input
and also to any committee or commission concerned.
CLOSED SESSION
Unless the City Altorney, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are pennilled by law to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by law to return to open session, issue any reports of final action
taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
26. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Anticipated litigation pursuant to Government Code Section 54956.9
. City vs. Solid Waste Management JPA (discriminatory rate structure).
27. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA), Western Council
of Engineers (WCE), Police Officers Association (POA), and International Association
of Fire Fighters (lAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
28. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
ADJOURNMENT
The meetiog will adjourn to the Regular City Council Meeting on August 9, 1994 at 6:00 p.m. in the City Council
Chambers.
A Meeting of the Redevelopment Agency will be held immediately following the City Council Meeting.
,
L
July 28, 1994
SUBJECT:
The Honorable Mayor and City Courtci\
John D. Goss, City Manager ~, ~\
City Council Meeting of August 2, 1994
TO:
FROM:
This will transmit the agenda and related materials for the regular City Council
meet i ng of Tuesday, Augu s t 2, 1994. Comments regard i ng the Wr i tten
Communications are as follows:
Sa. This is a request from the San Diego Solid Waste Authority to meet with
our City concerning sol id waste contract terms and rates. IT IS
RECOMMENDED THAT COUNCIL DESIGNATE ONE OR TWO MEMBERS TO MEET WITH THE
SOLID WASTE AUTHORITY REPRESENTATIVES. The purpose of the meeting would
be to express our concerns to them regarding the Differential Rate Study
and to indicate that we are not willing to negotiate a contract under the
current proposed rate structure.
Sb. Th i s is a letter from the Mayor of San Juan Cap i strano reques t i ng a
resolution and/or letters supporting several crime-related bills currently
under consideration in the State Legislature. Although none of the bills
identified fit within the city's adopted legislative program, they each
serve va 1 i d deterrent or pun i shment purposes and are supported by the
Police Department and the League of California Cities. IT IS RECOMMENDED
THAT COUNCIL SUPPORT THE LIST OF BILLS, AS IT MAY BE AMENDED BY COUNCIL,
AND DIRECT STAFF TO SEND APPROPRIATE LETTERS OF SUPPORT TO THE
LEGISLATURE.
JDG:mab
.
~ECEIVED
SOLID WASTE AUTHORITY
\'
The Honorable Tim Nader
Mayor, City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
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_TV OF CHULA VISTA
MY CLERK'S OFFICE
Dear Mayor Nader:
At. a follow up to the letter sent to you on lune 21, 1994 we have
enclosed a copy of the Differential Rate Study that Deloitte and
Touche delivered to the Solid Waste Authority on luly 14, 1994.
On August 1, 1994 the Solid Waste Authority will hold a public
hearing in Encinitas at 11:00 a.m. to review and adopt a Solid Waste
Disposal Fee Schedule which includes differential rates for non-
member entity waste.
We look forward to having the opportunity to meet with you in the
very near future regarding a contract that is workable for both your
city and the Authority. We ask that you contact either of us or Lin
Wurbs at 531-6174 at your earliest convenience to set up a meeting.
Sincerely,
t~: ~ a.-tL IJ,j
EaUf -?t: id-t.J
HENRY DJ. ABARBANEL
Solid Waste Authority
Member, City of Del Mar
DAL WILLIAMS
Solid Waste Authority
Member, City of Vista
Enclosure
cc: 10hn D. Ooss, City Manager
City of Chula Vista
1600 PACIPIC 1U0000AY, I.OOM 215, SAN DJBOO. CALIPORNIA 92101.2A70
TBLI!PIIONB: 619/531-6174 PAX: 619/531-5'794
cc.'
WRITTEN COM~\UNI(A TiONS
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SAN DIEGO SOLID WASTE AUTHORITY
Analysis of System Costs
and
Non-Member Contract Rates
FINAL REPORT
July 14, 1994
Printed on rec:~:cled paper
.5e.-.2.
Deloitte &
Touche
SAN DIEGO SOLID WASTE AUTHORITY
TABLE OF CONTENTS
I. Background
II. Overview of the Authority's System Costs
ID. Non-Member Contract Pricing Structure
Printed 011 ,.ec.vcJed paper
I~.J
Deloitte &
Touche
SAN DIEGO SOLID WASTE AUTHORITY
I. Background
Printed on recycled paper
2.fA-lf
Deloitte &
Touche
SAN DIEGO SOLID WASTE AUTHORITY
OBJECTIVES
At the request of the San Diego Solid Waste Authority (the Authority), Deloitte &
Touche has undertaken to apply an equitable, market competitive, and economically sound
rate structure for non-member (non-owner) jurisdictions that use the County solid waste
services (the System). This rate structure is designed to address the cost of services,
opportunity for economical participation in rate contracts, and the competitive
environment. This application was developed according to the general rate structure
framework provided by the Authority.
This effort has entailed the supporting objective of creating a pricing model which will
account for operating and administrative costs, capacity replacement costs, landfill and site
related costs, and facilities financing. The cost analysis supporting this model has
segregated costs into fixed and variable components, disposal and non-disposal categories,
active and inactive facility expenditures, and apportionment of costs associated with
historical usage by users and prior users of the System according to an allocation basis and
methodology provided by the Authority.
Deloitte and Touche recommends that non-user pricing contracts which are implemented
be those that best support Authority policies and fiscal objectives, effective cost
management practices, and optimal financing alternatives.
Deloitte &
Touche
Printed on recycled paper
3
5A-f
SAN DIEGO SOLID WASTE AUTHORITY
PROJECT APPROACH
Tasks
The foundation of our work is the analysis and segregation of costs and capital
expenditures into fixed and variable components and other aforementioned categories
including those of current usage and prior usage and commitment related costs. This
analysis is based on discussions with relevant Authority personnel regarding the nature and
behavior of cost items, and the merit of the assumptions provided by the Authority applied
in the model. Next, the applicability of cost categories to collection mediums (including
base tipping fees, and differential service fees) was evaluated.
The cost analysis resulted in a model which provides a clear illustration of the current cost
structure of the Authority's System: This model provides analytical support and a
baseline, or relevant range, for the rates that result from our application of the rate
framework. Our analysis of the System's cost structure was applied to the rate structure
framework provided by the Authority. This pricing framework incorporates optional
delivery commitment lengths and rates designed to recover jurisdictional responsibility for
NCRRA facility debt obligations and jurisdictional responsibility for costs associated with
historical usage of the System, (e.g., inactive landfill site maintenance costs and
closure/post -closure costs) as specified by the Authority.
According to the proposed rate structure, each jurisdiction's portion of these costs is
allocated over the term of the commitment, creating a rate schedule intended by the
Authority to provide non-members an economic, cost-based alternative to either enter
longer-term commitments or to join as a member. This is accomplished using a differential
service fee scale which decreases with longer term commitments, and apportions similar
aggregate cost recoveries over varying commitment lengths. Under this schedule,
members are charged a lower differential service fee according to the same schedule on
the Authority's premise that they are committed to the System indefinitely and assume the
risks of managing and maintaining the financial viability of the System.
Deloitte &
Touche
Printed on recycled paper
~ ~.t
SAN DIEGO SOLID WASTE AUTHORITY
PROJECT APPROACH
(continued)
Underlying Assumptions
The analysis performed within the scope of this project was based on data, cost allocation
methodologies, and certain rate structure parameters provided by the Authority. The
Authority's Solid Waste Enterprise Fund Program 1994/95 Budget was the source of
current annual operating and capital expenditure information. The San Diego 1nterim
Solid Waste Commission Capital Improvement Program for the fiscal years ended
2007/08 (2002/03 in document title) were relied upon for future capital expenditure
information. No independent verification or evaluation of the accuracy or reasonableness
of this information was conducted.
The methodology and allocation basis for estimating costs associated with historical usage
of the System, in addition to the general framework of the proposed rate structure, were
provided by the Authority. Deloitte & Touche does not address or opine on the
feasibility, reasonableness, or legality of implementing these cost recovery (rate-setting)
methods in this report.
Deloitte &
Touche
Printed on reeve/ed paper
5 ~'7
SAN DIEGO SOLID WASTE AUTHORITY
II. Overview of Authority Costs
Printed on recycled paper
6 ~.~
Deloitte &
Touche
. SAN DIEGO SOLID WASTE AUTHORITY
VOLUME DISTRIBUTION OF THE AUTHORITY SYSTEM
TABLE 1 contains current tonnage information for the Authority jurisdictions, along with
their present status in the System.
The table higl.l:ghts the importance to the System of the jurisdictions with the highest
delivery volumes. This point is reinforced in pages which follow in illustrating the high
fixed cost component of the System's cost structure. The total annual cost per ton of the
System has a strong negative correlation with volume--Iess volume in the System
produces a cost per ton which is substantially higher with significant volume decreases.
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SAN DIE\;O SOLID WASTE AUTHORITY
TABLE 1
WASTE TONNAGE VOLUME DISTRIBUTION
URISDICTION VOLUME PRESENT MEMBERSillP STA11IS
County of San Diego 280,039 Member
City of San Diego 122,272 Non-Member
Chula Vista 112,616 Non-Member
Escondida 95,674 Non-Member
Oceanside 90,831 Non-Member
El Cajon 90,691 Non-Member
Vista 65,323 Member
Carlsbad 64,815 Non-Member
San Marcos 60,117 Non-Member
Encinitas 47,123 Member
National City 46,197 Member
La Mesa 44,893 Non-Member
Santee 42,512 Non-Member
Lemon Grove 21,714 Member
Coronado 16,562 Non-Member
Imperial Beach 15,546 Non-Member
Poway 13,159 Member
Solana Beach 12,447 Member
Del Mar 5,669 Member
Mexico 1,201 Non-Member
Other Counties 532
No City 67
Total 1,250,000
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SAN DIEGO SOLID WASTE AUTHORITY
CURRENT COST STRUCTURE OF THE AUTHORITY SYSTEM
TABLES 2 summarizes 1994/95 System costs according to the Solid Waste Enterprise
Fund Program 1994/95 Budget and the cost model that was developed to provide
supporting analysis for the proposed pricing structure. The 1994/95 budget does not
include any funding for capacity replacer..ent costs, which is estimated at $156.2MM over
the next 15 years
The Authority's current rate setting process which resulted in the $55.00/ton tipping fee
for fiscal year (FY) 1994/95 resembles the "Cash" or "pay-as-you-go" approach. As
previously mentioned, capacity replacement costs, which are incorporated into the rates
under the Cash method, were deferred in the 1994/95 rate setting process in order to
achieve a more competitive rate level. In other respects, the Authority's current budget
and rate setting process is similar to the Cash method, which recovers in tipping fees
capacity replacement expenditures, debt service costs, and other capital costs, in addition
to O&M expenses.
Base Costs (Fees)
Costs related to the ongoing, current usage of services provided by the solid waste System
are subtotaled as the Base Costs (Fees) of the System. These costs have an extremely
close relationship to System volume. The variable cost component (25% of total System
costs) fluctuates in direct proportion to volume, as does the revenue associated with these
items. The fixed component of the Base Cost accounts for 37% of total System costs, up
to some defined level, does not fluctuate with volume. Fixed costs, together with costs
associated with historical usage (discussed below) drive the relationship between the total
cost per ton and System volume - as volume decrease these fixed and historical cost
remain in the System.
Costs Associated with Historical Usage and Commitments of the System
This category of costs is that used for determination of Differential Service Fees within the
rate structure framework guidelines provided by the Authority. The items contained in
this cost (rate) component are NCRRA debt service costs, closure and post-closure costs,
and inactive O&M costs and capital expenditures.
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TABLE 2
Current Cost Structure Under the 1994/95 Authority Enterprise Fund Budget'
Assumes a Pay-As-You-Go (Cash Method) Financing Approach
OPERATING COSTS
Variable
Fixed
SUBTOTAL
$MILLlONS
$ PER TON
%
$17.5
$25.9
$43.4
$14.01
$20.73
$34.74
24.8%
36.6%
61.4%
CAPITAL EXPENDITURES
CIP - Active and New Sites
$8.9
$7.10
12.6%
BASECOSTS BASl;fiEE
o
~
~
X;
OTHER COSTS TO USERS AND PRIOR USERS OF THE SYSTEM
NCRRA Debt Service $13.3
Closure/Post-closure Costs $0.0
Inactive Site Operating Costs $4.6
Inactive Site CIP Expenditure $2.7
$10.64
$0.85
$3.70
$2.14
18.8%
1.5%
6.5%
3.8%
TOTAL SYSTEM COSTS
Revenue Offset
$72.9
($3.3)
$59.17
($2.61 )
-4.6%
TOTAL NET SYSTEMCOSTSi<i, ..................$69.6
..:-,--.;.-.'.-';.,.,.;...;.-...,.:.:.......-...,.,.:..,-... .-.-'........:,-.........-.-,......,-,.-,-.....,...-.-.-,....-...-. $5657....................
."<. ..<.:<........:.::...::...,//\....,.....,. . ....,...<......... .., .. ... . ...i:::.:+:i':
.:':.:.:.:.:::~::
:''',,:::/\..100;0%' .
.
Assumes retention of current System volume (Jurisdictions)
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SAN DIEGO SOLID WASTE AUTHORITY
III. Non-Member Contract Pricing Structure
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SAN DIEGO SOLID WASTE AUTHORITY
AUTHORITY POLICY OBJECTIVES
The Authority believes that differential service fees charged to non-members may be a
necessary or attractive option in achieving its financial and management objectives,
including the right-sizing of the System. Solid waste system rate structures should be
consistent with the mission and objectives of the Authority.
Rate structures should be designed to be equitable to all participants, competitive with
market alternatives, and provide for the successful management and financial viability of
the System. The validity of a pricing structure which charges a differential service fee to
non-members of the System will be based on its association with the cost of services,
future capacity replacement costs, risk-based contingencies, and objective and justifiable
criteria for establishing jurisdictional responsibility for other costs associated with
historical usage and facilities committed to by the System.
The stated policy objectives of the Authority under the Joint Powers Agreement of May 2,
1994, are as follows:
I. SDSWA shall promote economic efficiency in the management and handling of the
Solid Waste System;
2. The Commissioners, Officers and employees of SDSW A shall maintain an attitude of
public service;
3. SDSW A shall manage the Solid Waste System utilizing the best environmental
protections reasonably achievable as a matter of sound fiscal policy;
4. The PARTIES (member jurisdictions) shall approach the Solid Waste System as a
matter of regional concern;
5. The commissioners and officers of SDSW A shall endeavor to adopt the best regional
approach for management of the Solid Waste System;
6. SDSW A shall operate the Solid Waste System in a fiscally sound manner utilizing the
resources of its PARTIES, which shall be collected only through fees, rates and
charges for use of the Solid Waste System.
7. SDSW A shall provide protection to the PARTIES and hold each of them harmless
from liabilities arising from the management and operation of the Solid Waste System.
It is recommended that the above stated policies and objectives be reviewed as new
approaches underlying non-member contracts contained in this report are pursued by the
Authority--such as differential pricing and historical usage costs.
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SAN DIEGO SOLID WASTE AUTHORITY
PRICING CONSIDERATIONS IN AUTHORITY'S CURRENT ENVIRONMENT
It is recommended that the following issues be considered in the selection and
implementation of System rates:
Competitiveness of member and non-member tipping rates
If the System seeks to promote economic volume and membership, engender regional
loyalty and commitment over the long term, and manage its operations cost-effectively,
then achieving and maintaining price competitiveness in the marketplace will be critical to
its strategy and rate setting policies.
Impact of costs associated with historical usage of the System
Objective measun::s can be utilized which seek to quantifY and allocate certain non-
disposal costs to both users and non-users of the System, based on historical usage,
initiative approvals, and commitments in which these jurisdictions participated. The
allocation basis and methodology used herein was provided by the Authority. Deloitte &
Touche does not address the feasibility, reasonableness, or legality of recovering costs
through this rate component in this report.
Authority policy with respect to historical cost responsibility acceleration
The acceleration of any costs associated with historical usage or commitments of System
users constitutes a sufficiently significant policy shift as to warrant review and possible
incorporation of this approach into the Authority's stated policy objectives and strategy for
providing services. Deloitte & Touche does not address the feasibility, reasonableness, or
legality of accelerating recovery of these costs through this rate component as described in
this report.
Fixed costs of $55.0 million (1994/95 Budget)
Actual (implemented) rate'levels should account for coverage of fixed costs to the extent
possible while remaining competitive with the marketplace.
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SAN DIEGO SOLID WASTE AUTHORITY
PRICING CONSIDERATIONS IN AUTHORITY'S CURRENT ENVIRONMENT
(continued)
Capacity replacement costs (estimated at $156.2 million over the next 15 years)
Given the capital-intensiveness of the System operation, it is w~rthwhile for the Authority
to review its method of recovering capacity replacement capital expenditures (see prior
discussion regarding the Cash method to rate setting). The possibility exists that
replacement costs associated with non-member tonnage may be recovered in current
tipping fees, while capacity replacement costs associated with member tonnage may be
deferred. This may promote economic volume and membership.
Deferred CIP costs and funding of closure/post-closure reserves in 1994/95 budget
year
Rate levels should allow for coverage of necessary active site reserves and inactive site
maintenance and remediation.
Refunding of differential fees to non-members who join the System
An optional feature of the proposed rate structure is to offer a reimbursement of
differential fees to non-member jurisdictions that contract for less than 20 years and
become members at some point before their contract expiration.
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SAN DIEGO SOLID WASTE AUTHORITY
PARAMETER~ INCORPORATED IN THE PROPOSED PRICING STRUCTURE
The following fr~' :nework guidelines for the construction of the proposed rate contract
structure were provided by the Authority:
Proportional obligation of non-member jurisdictions for NCRRA facility debt
service, apportioned over the commitment period
This item has been included as an element in the differential service fee component of the
pricing structure application. As previously noted, direction for its inclusion, as well as
the allocation basis and methodology were provided by the Authority.
Proportional obligation of non-member jurisdictions for non-disposal costs
associated with current and prior usage of the System, apportioned over the
commitment period
This item has been included as an element in the differential service fee component of the
pricing structure application As previously noted, direction for its inclusion, as well as
the allocation basis and methodology were provided by the Authority.
Optional delivery commitment schedule
The Authority has requested that Deloitte & Touche report non-member rate impacts for
1,5, 10, or 20 year commitments for tonnage delivery to the System (The I-year optional
contract rate is referenced as the non-contract rate). The apportionment of the above
components of the proposed differential serviCe fee will result in the same aggregate
nominal cost recovery over each contract term. As such, the Authority intends the lower
differential service fee associated with longer contracts to promote economic, long term
deliveries to the System. As the member rate will constitute the lowest rate paid by
System users under the proposed rate structure, membership in the System is also
promoted.
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SAN DIEGO SOLID WASTE AUTHORITY
BASE FEE
The Base Fee is representative of the costs associated with the annual operating and
capital expenditure requirements of providing services. As noted previously, the Base Fee
rate level has a high negative correlation with volume.
The Base Fee is based on the Solid Waste Enterprise Fund Program 1994/95 Budget,
which is summarized in TABLE 2. Annual Operating Costs and 1994/95 Capital
Expenditures are the components of the Base Fee. For 1994/95 the Base Fee is
$41.84/ton. Because the Base Fee is based on annual operating costs and capital
expenditures, and fluctuates with volume, it is subject to annual change. The 1994/95
budget does not include any funding for capacity replacement costs, estimated at
$156.2MM over the next 15 years. Therefore, the collection of capacity replacement
costs in the Base Fee has the potential to significantly change the $41. 84/ton Base Fee in
the near term.
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SAN DIEGO SOLID WASTE AUTHORITY
DIFFERENTIAL SERVICE FEE
In addition to the Base Fee that all users are charged for annual usage of the System under
the proposed rate structure, an additional fee is apportioned to cover all past and current,
explicit and estimated liabilities of the Authority generated by both members and non-
members. The Differential Service Fee is intended to equitably allocate historical financial
obligations of the Authority pertaining to inactive landfills and debt service for the
NCRRA facility Based upon Authority assumptions, the Differential Service Fee will
vary depending on whether a member chooses to join the Authority, or whether to enter
into one of the optional delivery alternatives (e.g., 5, 10 or 20 years, or a non-contract
rate). Once a jurisdiction selects the commitment term for meeting their historical
financial obligation (i.e., join the Authority or enter into a contract), cost will be
apportioned to the jurisdiction over the commitment period, and allocated based on its
relative population share. The non-direct disposal related financial obligations that are
included in the Differential Service Fee are:
1. NCRRA Debt Service - At the end of fiscal year 1995, the Authorities debt service
obligations for the NCRRA facility will be approximately $136.9 million to be paid
over the next 22 years.
2. Active Landlill ClosurelPost-Closure Costs - Prior to January 1, 1989, the
Authority was not obligated and did not collect fees for cpc. Since that time, fees
have been collected for CPC, a portion of which must be allocated back to cover pre-
1989 obligations.
3. Inactive Landfill Annual Operating Costs - The Authority has, and will continue to
have, cost obligations for inactive landfill maintenance and remediation in accordance
with State and Federal regulations. These costs are annual reoccurring costs, that may
continue for the next 60 years.
4. Inactive Landfill Capital Costs - In addition to the annual landfill operating costs,
the Authority has projected approximately $36.2 million of capital project needs over
the next 15 years to bring landfills in compliance with State and federal regulations.
Using the Differential Service Fees, each jurisdiction's portion of these costs is allocated
over the term of the commitment, creating a rate schedule intended by the Authority to be
attractive to non-members, who can enter into longer-term commitments or join as a
member. This is accomplished using a rate scale which decreases with longer term
commitments, and apportions similar aggregate cost recoveries over the respective
commitment lengths. Under this schedule, members are charged a lower differential
service fee according to the same schedule on the premise that they are committed to the
System indefinitely and assume the risks of managing and maintaining the financial viability
of the System.
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SAN DIEGO SOLID WASTE AUTHORITY
Regardless of whether non-members join the Authority, or whether they enter into one of
the optional delivery contracts, the Differential Service Fees are designed to apportion all
cost associated with historical usage. For example, if 50% of the population served are
members of the Authority, 25% of the population served enter into a five-year contract,
and the remaining 25% of the population served enter into a ten-year contract, all known,
non-member historical financial obligations of the Authority will be met by year 20. The
~p.thodology and assumptions used to incorporate the four components into a differential
service fee are described below.
NCRRA Debt Service
At the beginning ofFY 1995, the outstanding principal on the NCRRA facility will be
approximately $\36.9 million, to be paid over the next 22 years. The majority of the debt,
approximately $95 million, is fixed interest bonds with rates ranging from 5.35% to
6.75%. These bonds are supported by a letter of credit (LOC)with a 1.5% annual rate.
The remainder of the debt obligation, approximately $40 million, consists of variable rate
bonds. Total annual principal and interest payments are approximately $\3.1 million, but
vary due to the variable rate bonds. Current projections for FY 1995 estimate the
NCRRA debt service payment at $12.6 million.
Our analysis assumed equal principal and interest payments of$\3.12 million annually,
which equates to an average annual interest rate of 7. 72%. Under these assumptions, we
determined the annual debt service payments for the NCRRA under 5, 10 and 20 year
terms, non-contract terms, and for member jurisdictions.
CONTRACT TERMS (Years)
Member Non-Contract 5 10 20
COMPONENTS Rate
NCRRA Debt Sen'ice
Aggregate Annual Costs S13,120,438 SI47,462,127 S34,030,981 S20,141,411 S13,650,087
NCRRA Debt (Srr). 10.50 117.97 27.22 16.11 10.92
NCRRA Debt (SlPer).. S8.73 S98.1O S22.64 S13.40 S9.08
. srr - Based on 1,250,000 tons in the System
.. Based on a total population of 1,503,173 (eA. Dept. of Finance, 1/1/94)
Members will continue to pay their NCRRA facility debt obligations over next 22 years, in
accordance with the Official statement, while non-member jurisdictions will pay their
entire debt obligation over the term of their contract. For, example a non-member
jurisdiction that enters into a ten-year contract will pay their entire debt obligation in ten
years versus 22 years.
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SAN DIEGO SOLID WASTE AUTHORITY
Active Landfill Closure/Post-Closure Costs
Prior to January 1, 1989, the Authority was not obligated and did not collect fees for CPC
landfill costs. At the time, 22.8 % of the Authority's total available landfill capacity was
utilized. Since then, the State has authorized the Authority to collect $3.90 per ton for
CPC maintenance obligations. The Authority has directed Deloitte & Touche to assume
that 22.8% of this fee, or approximately $0.90 per ton, represents the costs associated
with historical landfill obligations at currently active landfills.
Based on information provided by the Authority, at the beginning ofFY 1995, the
Authority had collected approximately $20.6MM for CPC maintenance, and will need to
collect an additional $70.2MM to meet its State mandated CPC obligations. Assuming
that 22.8% of this future liability is for pre-1989 activities, the historical financial
obligation to be shared by all users of the System is $16.0MM. Included in Differential
Service Fees under the proposed pricing structure are the active landfill CPC costs under
5, 10 and 20 year terms, ilOn-contract terms, and for member jurisdictions.
CONTRACT TERMS (Years)
Member Non-Contract 5 10 20
COMPONENTS Rate
Active LF CPC Costs
Aggregate Annual Costs 801,312 16,026,239 3,205,248 1,602,624 801,312
Active LF CPC (Sff)' 0.68 13.52 2.70 1.35 0.68
Active LF CPC (S/Per)" 0.53 10.66 2.13 1.07 0.53
. srr - Based on 1,250,000 tons in the System MINUS 65,000 tons for recycling
.. Based on a total population of 1,503,173 (CA. Dcpl. of Finance, 111/94)
It should be noted that at current collection rates of $3.90 per ton, the Authority will meet
its CPC obligations prior to the closure of the landfills. Our analysis assumes that the
differential service fee would only cover the pre-1989 financial obligation and would not
contribute to any excess fees that may be collected,
Inactive Landfill Annual Operating Costs
The Authority has, and will continue to have, obligations to maintain inactive landfills in
accordance with State and Federal regulations. In the 1995 budget, inactive landfill
operating costs are projected to be approximately $4.62 million. Over the next few years,
Deloitte &
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SAN DIEGO SOLID WASTE AUTHORITY
these costs are projected to decline until they level off at approximately $3.1 million per
year by the year 2000.
Assuming the Authority would have these obligations for the next 60 years, and using an
real discount rate of 5%, which approximates the Authority's current costs of capital, the
Authority's cumulative financial obligation is estimated at $64.8 million in 1995 dollars. If
the inactive landfill maintena!1ce obligation was for only 40 years, the financial impact
would be $58.9 million in 1996 dollars. We determined the inactive landfill annual
operating costs under 5, 10 and 20 year terms, non-contract terms, and for member
jurisdictions. For member jurisdictions, we assumed annual payments covering obligations
for the next 20 years, rather than for the next 60 years, assuming they would cover future
costs when they became due. All non-member jurisdictions will pay their entire historical
obligation over the term of their contract, rather than over the assumed 60 year
maintenance period.
CONTRACT TERMS (Years)
Member Non-Contract 5 10 20
COMPONENTS Rate
Inactive LF O\lerate Costs
Aggregate Annual Costs 2,171,603 64,830,121 12,966,024 6,483,012 3,241,506
Inactive LF Op Cost (Sm' 1.74 51.86 10.37 5.19 2.59
Inactive LF OD Cost (SIPer)" 1.44 43.13 8.63 4.31 2.16
. Sff - Based on 1,250,000 Ions in the System
.. Based on a total population of 1,503,173 (CA. Depl. of Finance, 1/1/94)
Inactive Landfill Capital Costs
The Authority has projected approximately $36.2 million of capital projects in the next 15
years to bring all inactive landfills in compliance with State and Federal regulations.
Currently, no other capital projects are scheduled for the inactive landfills. We determined
the inactive landfill capital costs under 5, 10 and 20 year terms, non-contract terms, and
for member jurisdictions. For those non-member agencies who enter a 20-year contract,
we have assumed inactive landfill capital costs will be collected over the first 14 years of
the contract, to assist in meeting the Authority's related funding requirements,
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SAN DIEGO SOLID WASTE AUTHORITY
CONTRACT TERMS (Years)
Member Non-Contract 5 ]0 20
COMPONENTS Rate
Inactive LF Canital Costs
Aggregate Annual Costs ],808,919 36,]78,373 7,235,675 3,617,837 2,584,]70
Inactive Capital Cost (S/T). 1.45 28.94 5.79 2.89 2.07
Inactive Capital Cost (/Per).. 1.20 24.07 4.81 2.41 1.72
. srr - Based on 1,250.000 tons in the System
.. Based on a total population of 1,503,173 (CA. Dept. of Finance, 111/94)
TABLE 3 summarizes the impact of the Differential Service Fee. Three important facts
are highlighted within TABLE 3. First, the table clear shows the total impact of the
Differential Service Fee, and how it is structured to provide non-members incentive to
either enter long-term commitments or to join the Authority as an active, participating
member. Second, the financial difference between entering a long-term contract (i.e., 20-
years) and joining the Authority is minimal. This is largely due to the debt service on the
NCRRA facility being for approximately the same period (22 years). Third, the associated
historical costs built into the current year budget are slightly higher than those for a either
a member jurisdiction or for a long-term contract. As mentioned, NCRRA debt service,
active landfill CPC costs, and inactive landfill operating costs are higher in the current
budget than in future years.
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21 S4-",). J
TABLE J
'"
'"
COMPONENTS
NCRRAlkbtSti'vlalW ......
Aggregate Annual Costs
NCRRA Debl (Sff)"
NCRRA Debl (SlPer)"
AdiWLR.CPccoOUiiin
Aggregate Annual Cosls
Active LF CPC (Srr)
Active LF CPC (SlPer
InaCtiveLFOriteCi!$tj,
Aggregale Annual CoslS
[nactive LF Op Cost (Srr)
[nactive LF Cost (SlPer)
InaCtiveLItCIl'.' 'ita..C05tsii
Aggregate Annual Costs 2,680,000
Inactive Capital Cosl (Srr) 2.[4
[naclive Capilal Cost (lPer) 1.20 24.07 4.81 2.41 1.72 1.78
Sff - Based on 1,250,000 tons in the System, except Active LF CPC - removed 65,000 tons for recycling SDC-4PTS.xl.
Based on a tolal population of 1,503,173 (CA Depl. of Finance, 111/94)
::::::::::;;::::::::':::::::::::::::;:;::::::::{!t(!;~r~t t:CQNTR:1\G1T:TERMS'
Member Non-Contract 5
Rate
Years
10
~
,
\.
~
.
SAN DIEGO SOLID WASTE AUTHORITY
DYNAMICS OF PROPOSED RATE STRUCTURE COMPONENTS
Base and Differential Service Fees
As illustrated in TABLE 4, our analysis and application of System costs and their
characteristics to the rate structure framework developed by the Authority results in
differential service fees which will vary with the term of commitments, and base fees which
will vary with System volume and other volume. Table 4 provides examples of rate
structures under the assumptions contained in this report. However, the Authority is not
obligated to provide these term commitments, and future System changes may impact both
Base Fee and the Differential Service Fee. The rates proposed below do not incorporate
the impact of other collected revenues (interest, state and federal grants, etc.), that could
potentially lower rates.
TABLE 4
Based on Current Volume - 1,250,000 Tons
Rate Component Member Non-Members
Non.Contract* 5-Year 10-Year 20-Year
Base Fee"'. 541.84 541.84 541.84 541.84 541.84
Differential Sen'ice Fee 14.32 211.60 45.95 25.48 16.22
TOTAL 56.16 253.44 87.79 67.32 58.06
FY 1995 - Moving Fonvard
.
1- Vear equivalent
Does not include NCRRA reserve fund penalty
..
Using this rate approach, the Authority can test variations on non-member contract prices
based on the following variables:
.
Contract terms
Future volume scenarios and projections
Changes in the CIP
Regulatory Changes
Other
.
.
.
.
For example, TABLE 5 shows the impact of collecting capacity replacement costs, and
other scheduled capital improvements, on a constant annual basis. Assuming constant
System tonnage, collection of these costs would add $8.00/ton to the Base Fee, resulting
in a Base Fee of$49.84. Depending upon future system volume, revised System capacity
planning, and a v?riety of other factors, required collection for these costs could increase
or decrease.
Deloitte &
Touche
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23 s: ':15
TABLE 5
Current Cost Structure of the Authority Waste System -Incorporating Projected Annual Capital Needs ·
Assumes a Pay-As-You-Go (Cosh Method) Financing Approach
$MILLlONS
$ PER TON
%
OPERATING COSTS
Variable
Fixed
SUBTOTAL
$17.5
$25.9
$43.4
$14.01
$20.73
$34.74
21.7%
32.1%
53.9%
CAPITAL EXPENDITURES
CIP - Active and New Sites
$18.9
$15.11
23.4%
BASE COSTS BASE FEE
'"
~
~
,
~
~
TOTAL SYSTEM COSTS
Revenue Offset
OTHER COSTS TO USERS AND PRIOR USERS OF THE SYSTEM
NCRRA Debt Service $13.3
Closure/Post-closure Costs $0.0
Inactive Site Operating Costs $4.6
Inactive Site CIP Ex enditure $2.7
$10.64
$0.85
$3.70
$2.07
$82.9
($3.3)
$67.10
($2.61 )
-4.0%
ITOTAL NET SYSTEM. COSTS .Lii.>./.......$79.6
""0'._.__,.,-,...
...."..-....-..-...
...-..-.-'.............
.......... .........
..-.-.........-......
...._n...._._........_...
......... .........
:::::::':::;::::::.:.:::,:.:~.:.:.:.:...
$64 49
H.- ............__. . .....
........,..,-,.,.,-,_...."........._,--,-........-,...,-"':-;'-';-,'
.\::;::::i,i,:,,;:;::::;;::::t:::,::::::::\:::)::::::/:::::t::~:::~:}:/:{t:. , _. ~_" ,
;.;.:.:.,;.:..".;'"
.....;Hi%1t..;/100;O%....,.............
I
........., .. .....
':':''''.:-:.:.:.:..,:,:.:.:,:.,.:.:.::.:.:.:.~
.
Assumes retention of current System volume (Jurisdictions)
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JUL:
26 A 7 '!57
MEMBERS OF THE CITY COUNCIL
COLLENE CAMPBELL
GARY L- HAUSOORFER
GILJONES
CAROLYN NASH
JEFF VASQUEZ
Of CfiULA VISTA
TY CLERK'S OFFICE
CITY MANAGER
GEORGE SCARBOROUGH
,.
Honorable Mayor and Members of the City Council
City of Chula Vista
276 Fourth Avenue
Chula Visa, California 92010
July 21,1994
Mayor and City Council.
As a Mayor, member of the League of California Cities Public Safety Committee, and possibly one of the
hardest-hit crime victims in the State, I would like to suggest we become a team and start to make a "real
difference" in the fight against crime
We can no longer just sit back and believe that our legislators are going to respond to the devastating crime
problem Your coopemtion is needed immediately to influence our legislators to vote for crime bills which
will make criminals fear the consequences of committing crime in our communities. It is time that we react
effectively and move rapidly to better protect our citizens. Enough is enough I
Several months ago, the Public Safety Committee recommended support positions on a number of "tough
on crime" bills pending before the State Legislature, and the League Board concurred (see attached list).
Will you please urge our legislators to enact these bills immediaiely. Please write a strong letter and send
a resolution to the Chairman of the four most critical committees who continue to play political "Russian
roulette" with our loved one's lives. (Enclosed is a sample resolution and the Committee Chairmen).
Every year, four-thousand Californians arc murdered and yet some legislators continue to coddle the
criminals, giving them privileges and rights not afforded to law-abiding citizens. Many seniors wish they
could be cared for as well as inmates. We hear about overcrowded jails, but not about the tax supported
facilities for conjugal visits for first degree murderers We hear about shortage of police on our streets, but
do not hear about our tax money paying for frivolous lawsuits against innocent crime victims filed by
convicted killers in prison Killers are profiting hom their heinous crimes.
It could be helpful if your letter I resolutions were received by the committees by August 4, 1994, so when
the Assembly and Senate return for a short session beginning August 8, the views of your city will be
recorded Don't let them close another session on September I and walk away from the compelling
consequences of crime.
With respect and sincere appreciation for your great commitment to society,
ollene ( 10mpson) Campbell
Mayor
Ala/her vIScoff Cumphell, lJ/1/rdeJ'tld 1982
Sister oJ'(11Idy and Alickey Thompson, J//urdered /988
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5 ~ ( ,'/ iWW:. j l..ft ~_A,i~\~~'i'i~~'~.~.,~, ,~.;.'~a
~~~~~N cAP~~iALIFORNIA 92675~4)~~~;'1
1ttsnhttiJIlR lif t~t ~it~ of
'iut ~nitJR ~a,jstrJnJl
~~tniS. the citizens of California voted that the State Constitution shall decree
Public Safety to be the first responsibility of local government; and,
~~tniS. the safety of San Juan Capistrano citizens is the number one priority and
of par amount importance to the Mayor and the City Council; and,
~~trtiS. violent crime is causing great concern andfear in citizens throughout
Califomia; and,
~~trtiS. crime in our neighborhoods affects citizens regardless of race, age,
gender, social status, political or religious affiliations, and causes immense human suffering; and,
~~trtiS. the financial burden of crime is continuing to escalate and thereby
seriously impacting budgets of City, County, State and Federal Government; and,
~~trtiS. in addition, the financial burden of crime and lengthy criminal justice
proceedings are ovelWhelming our resources and eroding confidence in government; and,
~~tni'S. the League of Califol71ia Cities has taken a position on legislation to "get
tough on crime" as recommended by its Public Safety Committee; and,
~~trti'S. it is in the best interest fif the citizens of the State of California to support
these legislative positions and encourage prompt action by our legislators in Sacramento resulting in
completion before the end of the 1993 - 1994 Legislative Session (ending September 1, 1994).
;N'!liIfu.1J~trd!lilrt. ~t ~* ~l',S!liIIIDrdr. that the City of San Juan Capistrano
urges the California Legislature to immediately enact, without diluting or weakening, all "get tough
on crime" bills and associated legislatiol/.
'JiiIJ;\i;Sitil. NWr!lil!iJtIDr. ilIlIDr ~hw*dr. this 19th day of July, 1994.
,.
.
CRIME BILLS . PUBLIC SAFETY
(Partial List)
AD 20X (Andal) Repeal of the Inmates Bill of Rights. Allows the Department of Com:ctions to
impose reasonable restrictions on inmates consistent with the State and Federal Constitutions. Failed in
Senate Judiciary (5-2) on July 5. Must ask for reconsideration.
(The sister-bill to above)
SB 1260 (presley) Repeal of the Inmates Bill of Rights. Both of these bills have already been
weakened. we have asked they be returned to their original form. Currently California inmates have
many more privileges that afforded by the Consrinaion. Both of these bills have been weakened.
SB 1330 (Calderon) "Son of Sam" Profits of Crime to insure crime does not pay. Garnishes the
proceeds of a felon's business enterprise that was enhanced by the notoriety of the crime of the status of
the felon and puts money into an involuntary trUst fund for the benefit of the victim. Notorious
criminals, like Charles Manson, otherwise stand to profit from music royalties, "crime trading cards"
revenue and sales of crime paraphernalia. (Referred to Assembly Ways and Means, no elate, request
to expedite.)
AD 2470 (Rainey) Juvenile Gun Possession. Bans the possession of handguns and ammunition by
minors except with the permission of a parent or guardian for specified purposes. Would delay or
revoke the driving privileges of minors in violation of this act. (Referred to Senate Appropriations, to
be heard August 8, 9:30 a.m.)
SB 1311 (presley) Caljacking. Death Penalty, Drive-By Shooters. Adds to the list of possible "special
circumstances" for which the death penalty could be imposed on murder committed in the course of a
carjacking, and murder committed by drive-by shooting with premeditation and foreknowledge. (Pulled
from Public Safety, June 28, trying to reschedule August 9.)
SB 20X (Leonard) Truth in Sentencing. Limits the use of sentence reductions fer good behavior and
worlc time credits for serious and violent offenders to no more than fifteen percent of the sentence
(currently it is 50%). Put on suspense tile in Senate Appropriations. Blocked.
Ask to be recalled from suspense tile.
SB 26X (Bergeson) One Strike and You're OuL Provides that all rapists and any child molester who
employs force or engages in subStantial sexual conduct will face life without the possibility of parole.
Child molesters who do not use force would face up to 16 years in prison. Scheduled for August 9,
Assembly Public Safety Committee.
AD 27X (Speier) Child Homicide, Felony Murder. Makes willful child abuse. which results in death,
first-degree murder and punishable by 15 years to life. and reckless child abuse that results in death,
second-degree statutory murder. Set in Senate Judiciary for Aupst 9.
SB 41X (Presley) Sexually Violent Predators. This bill allows prosecutors to petition the courts to
commit sexually violent predators to a secure mental facility after they are released from prison if they
are deemed dangerous by a jury. Trying to schedule for August 9 in Assembly Public Safety.
5b~3
, ,
Following are the Chairmen and members of the most critical committees dealing with public safety issues:
(Naturally. it would be more effective if letters and resolUlions were sent to every cOmnUttee member individually.
however tmX contact will be helpful.) Chairman will not distribute your letter to other members. (/fyou desire
all members to read your correspondence. then you must send it individually!)
ASSEMBLY PUBLIC SAFETY COMMITTEE:
Chairman Bob Epple (D - Long Beach)
1021 "0" Street, Suite A-198. Sacramento. CA 95814 Capitol Ph: (916) 445-6047 Dist Ph: (310) 984-7709
Vice Chairwoman Paula Boland, (R-Granada Hills), State Capitol, Rm 3098, Sacramento, 95814
Assemblymember Tom Bates, State Capitol, Rm 446, Sacramento, 95814
Assemblymember Mike Gotch. State Capitol, Rm 3120, Sacramento. 95814
Assemblymember Barbara Lee. State Capitol, Rm. 4146. Sacramento, 95814
Assemblymember Richard Rainey, State Capitol. Rm. 4015, Sacramento, 95814
Assemblymember Phillip Isenberg, State Capitol, RID 6005, Sacramento, 95814
SENATE JUDICIARY COMMITIEE:
Chairman David Roberti, (D - Van Nuys)
State Capitol, Room 2032, Sacramento, CA 95814 Capitol: (916) 445-8390 District: (818) 901-5588
Vice-Chairman Tim Leslie, (R - Carnelian Bay) State Capitol, RID 4081, Sacramento, 95814
Senator Charles Calderon, State Capitol, RID. 5066, Sacramento, 95814
Senator Tom Campbell, State Capitol, RID 3048, Sacramento, 95814
Senator Bill Lockyer, State Capitol, RID 205, Sacramento, 95814
Senator Milton Marks, State Capitol, Rm 5035, Sacramento, 95814
Senator Nicholas Pettis, State Capitol, Rm 5080, Sacramento, 95814
Senator Raben Presley, State Capitol, Rm 5114, Sacramento, 95814
Senator An Tones, State Capitol, RID 2080, Sacramento, 95814
Senator Diane Watson, State Capitol, RID 4040, Sacramento, 95814
Senator Cathie Wright, State Capitol, RID 4052, Sacramento, 95814
ASSEMBLY WAYS AND MEANS COMMITTEE:
Chairman John Vasconcellos, (D - Santa Clara)
State Capitol, Rm. 6026, Sacramento, CA 95814 Capitol (916) 445-4253, Dist (408) 288-7515
Vice Chairman Paul Horcher, (R . Diamond Bar) State Capitol, Rm. 3123, Sacramento, 95814
Following are Committee Members: Mail will be received by sending to member's name at State Capitol:
Assemblymember: Fred Aguiar, Doris Allen, Dede Alpert, Dean Andal, Valerie Brown, John Burton,
Roben Campbell, Jim Costa, Bob Epple, Manha Escutia, Barbara Fri..mnAn, Thomas Hannigan, Ross Johnson,
Barbara Lee, Willard Murray Jr., Jack O'Connell, Richarcl Polanco, Curt Pringle, CbarIes Quackenbush,
Andrea Seastrand, Paul Woodruff.
SENATE APPROPRIATIONS COMMITI'EE:
Chairman Roben Presley (D - Riverside).
State Capitol, Rm. 5114, Sacramento, CA 95814 Capitol Phone: (916) 445-9781
Vice Chairman Robert Beverly (R-Long Beach) State Capitol, Sacramento, CA 95814 Capitol (916) 445-6447
FoUowing are Committee Members: Mail will be received by sending to mcmber's name at State Capitol:
Senate Member: Alfred Alquist, Marian Bergeson, Ralph Dills, Leroy Gn:ene, Patrick Johnston,
David Kelley, Lucy Killea, Bill Leonard, Henry Mello, An Toues, Diane Watson.
Nou: I would be delighted to receive a copy of your resolution and letter - Collene Campbell, Mayor. SJ.c.
5b' L/
COUNCIL AGENDA STATEMENT
Item
Meeting Date 8/2/94
~
ITEM TITLE:
Resolution 17~11 Requesting the Board of
Supervisors of the County of San Diego to
Consolidate a Special Municipal Runoff Election
to be Held on the Date Pursuant to Section 23302
of the Elections Code and for Submission to the
voters a Question Relating to Amending the
Charter to Cause the Date of General Municipal
Elections to Coincide with the Date of state
Primary Elections.
City Attorne~
SUBMITTED BY:
4/Sths Vote: Yes
No X
Consolidation of elections saves the City thousands of dollars in operating
expense. To consolidate the Special Municipal Runoff Election with the Statewide
General election the County Board of Supervisors must give their consent. An
amendment to the Charter is proposed to automatically coincide the date of
General Municipal elections with the date of State primary elections in the
future.
RECOMMENDATION:
That Council adopt the attached resolution.
BOARDS/COMMISSIONS RECOMMENDATION:
The Charter Review Commission at its meeting of July 2S, 1994 unanimously endorsed
the amendment. (See attached minutes).
DISCUSSION:
Consolidation of the Special Municipal Runoff Election, which has been called to
be held on November 8,1994, with the Statewide General election on the same date
is desirable.
Pursuant to Section 23302 of the Elections Code, a request must be made to the
County Board of Supervisors to agree to the consolidation so that the election
shall be held in all respects as if there were only one election and to authorize
the San Diego Registrar of Voters to canvass the returns of the Special Municipal
Runoff Election.
The State of California recently moved the date of the Presidential Primary in
1996 from June to March. This move was done to raise the importance of the
outcome of the California vote in determining the winners of the primaries.
However, at this time the state still has the gubernatorial election set for
June, 1998. Therefore, only every four years will there be an election in March
instead of June.
The current Charter section setting the date of the General Municipal election
sets the date at the first Tuesday after the first Monday in June. Therefore,
a change is needed for the 1996 election to move this date to March, or the City
will be forced to spend over $100,000 to hold its own election.
t,-/
Item
Meeting Date 8/2/94
Page Two
t
It is possible the State will change the date of future elections. In any event,
in gubernatorial election years the primary will be held in June and in the
Presidential years the primary will be held in March. Therefore, it would serve
the City to amend the Charter to adjust the date of election to the date of State
primary elections. The result being that the City would avoid the need to amend
the Charter every two years to adjust the election date.
FISCAL IMPACT: $7,000 has been budgeted in FY 94/95 for one runoff election; the
Registrar of Voters estimates that this Charter amendment will cost an additional
$7,000.
M:\home\attorney\elect94.a13
~~
RESOLUTION NO. ..... /7.5',/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN DIEGO TO
CONSOLIDATE A SPECIAL MUNICIPAL RUNOFF ELECTION TO
BE HELD ON THE DATE PURSUANT TO SECTION 23302 OF
THE ELECTIONS CODE AND FOR SUBMISSION TO THE VOTERS
A QUESTION RELATING TO AMENDING THE CHARTER TO
CAUSE MUNICIPAL ELECTIONS TO COINCIDE WITH FUTURE
STATE PRIMARY ELECTIONS
WHEREAS. the City Council of the City of Chula Vista has called a Special Municipal
Runoff Election to be held on November 8, 1994 for the purpose of holding a runoff election
for Council Seat 3 for the two candidates who received the highest number of votes at the
General Municipal Election held on June 7, 1994; and,
WHEREAS, it is desirable that the Special Municipal Runoff Election be consolidated
with the Statewide General election to be held on the same date and that within the city the
precincts, polling places, and election officers of the two elections be the same, and that the
San Diego County Registrar of Voters canvass the returns of the Special Municipal Runoff
election and that the election be held in all respects as if there were only one election; and,
WHEREAS, under the provisions of the Chula Vista Charter, General Municipal Elections
are to be held on the first Tuesday after the first Monday in June of the election year; and,
WHEREAS, the Presidential Primary election in California has been changed from June
1996 to March 1996; and,
WHEREAS, future changes of state and federal elections are likely to occur; and,
WHEREAS, consolidation of Municipal elections with statewide elections would give
the City savings of over $100,000; and,
WHEREAS, amending the provision in the Charter which sets the General Municipal
election date to automatically coincide with the date of California State primary election would
avoid the necessity of having to amend this section in the future.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of Section 23302 of the Elections
Code, the Board of Supervisors of the County of San Diego is hereby requested to consent
and agree to the consolidation of a Special Municipal Runoff Election with the Statewide
General election on Tuesday, November 8, 1994 for the purpose of conducting a runoff
election for Council Seat 3.
~~J
SECTION 2. That a proposed Charter Amendment measure to be submitted to the
voters shall appear on the November 8, 1994 ballot as follows:
Shall the Charter be amended so the date of the General YES
Municipal election automatically coincides with the date of the
California State orimarv election for that vear. NO
SECTION 3. Effect of Affirmative Vote on Measure No.1.
Upon certification of the results of the election wherein it is truly and properly certified
that the abovementioned ballot label has received an affirmative vote by a majority of votes
cast, the Section 900 of the Charter shall be deemed ordained by the People of the City of
Chula Vista to read as follows:
Sec.900. General Municioal Elections: Terms.
General Municipal elections for the election of Mavor and
Councilmembers and for such purposes as the City Council may describe shall
be held in the City of Chula Vista on tRe first Tuesday after the first Menday
in June in eaoR even nUFflBered '(ear the same date in each election vear as the
California State orimarv elections. Saia €leneral Ffl~nieiflal eleetien for the
oleetion ef Mayer and sueR ether flurpeses shall Be held on tAe first Tuosday
after tRe first Manday in June al 1990, ana avery four years thereafter.
SECTION 4. That the San Diego Registrar of Voters is authorized to canvass the
returns of the Special Municipal Runoff Election. The election shall be held in all respects as
if there were only one election, and only one form of ballot shall be used.
SECTION 5. That the Board of Supervisors is requested to issue instructions to the
County Registrar of Voters to take any and all steps necessary for the holding of the
consolidated election.
SECTION 6. That the City of Chula Vista recognizes that additional costs will be
incurred by the County by reason of this consolidation and agrees to reimburse the County
for any costs.
SECTION 7. That the City Clerk is hereby directed to file a certified copy of this
resolution with the Board of Supervisors and the Registrar of Voters of the County of San
Diego.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
t.~t{
PASSED, APPROVED and ADOPTED ON . , 1994.
Presented by:
Beverly A. Authelet, City Clerk
~"'f
MINUTES OF A REGULAR MEETING OF THE
CHARTER REVIEW COMMITTEE
JULY 25, 1994
July 25, 1994
Council Conference Room
6:00 p.m.
-----------------------------------------------------------------
MEMBERS PRESENT:
Bob Campbell, Susan Fuller, Sharon Reid,
Deric Prescott and John Dorso
MEMBERS ABSENT:
Jack Blakely (excused) and Janet Lawry
(unexcused)
STAFF PRESENT:
Bruce Boogaard, City Attorney and Michael
Karp, Legal Intern
The meeting was called to order by Chairperson Campbell at 6:00
p.m. The roll was called and all members were present except
Member Blakely who was excused for a previous meeting and Member
Lawry who was unexcused.
MSUC (Campbell/Reid) to approve the minutes of the January 18 and
February 1, 1994 regular meetings.
City Attorney Boogaard conducted the elections at the commission's
request, opened nominations. MSUC (Reid/Fuller) to retain the
present officers for FY 1993/94. Nominations were closed, and
Attorney Boogaard declared Campbell and Dorso elected.
There were no comments from members of the public.
Agenda Item 6:
Consideration of Charter amendment to cause the
date of General Municipal Elections to coincide
with the date of State Primary Elections.
City Attorney Boogaard presented the proposed amendment to allow
the date of Municipal Elections to automatically change with the
changes in the date of the Statewide primary. The reason for this
change was explained to be the State's interest in moving the date
of the presidential primary to March in Presidential election years
to increase the importance of California in choosing the
presidential candidates but not in gubernatorial election years.
The date of the State primary in non-presidential years remains in
June, thus without this amendment, the Charter would need to be.
changed annually. Chula vista's interest in holding the Municipal
elections on the same date as the State elections involves reducing
the cost of the elections, estimated at over $100,000. Member Reid
noted that the language in the change was effective to create a
floating election day in the city which coincides with the date of
the State election.
&.7
Charter Review Commission Minutes
July 25, 1994
Page Two
MSUC (Reid/Fuller) to recommend the adoption of language change by
the Council and People.
other Matters:
city Attorney Boogaard presented a compilation of the proposed
amendments which had been presented to Council at the February 22
Meeting. These amendments had been deferred to facilitate further
discussion prior to their inclusion on the November ballot. The
city Attorney suggested a format for each proposed change to be
presented in a complete packet to Council subsequent to further
review of the Commission. Member Campbell expressed the fact that
hundreds of hours had already gone into the review of each
amendment. The City Attorney responded that his own review of each
proposed amendment would be included in the packets, and the
Commission would have the opportunity to review his analysis.
Attorney Boogaard gave an example of one proposed measure with
language he had found to be problematical. Member campbell
indicated that he would need time alone to carefully review the
City Attorney's analysis of each issue and suggested to reconvene
the Commission after the City Attorney had provided his analysis to
each member.
Member Fuller noted that none of the issues were pressing which
remained for review, thus the need to put these proposed changes on
the November ballot was minimal. The lack of time constraint was
noted and the City Attorney agreed that there was time to consider
all the measures thoroughly to place them on the ballot for the
next election in March 1996.
city Attorney agreed to submit his analysi
to the members with sufficient time for r
meeting date. The members agreed to e the dat
meeting for Tuesday. September ". '" t .,~.
C:\crc\7-25-4 a!nutes
.
osed changes
to the next
or the next
t....y
COUNCil AGENDA STATEMENT
ITEM
7
MEETING DATE Auaust 2. 1994
ITEM TITLE:
RESOLUTION
J 'lf9~
Amending FY 1994-95 Budget, providing for
a General Fund appropriation to the General
liability Insurance Account.
SUBMITTED BY: DIRECTOR OF PERSONNBf~
REVIEWED BY: CITY MANAGERW ~\ (4/5th Vote: YesX No_I
Due to the settlement of the Janey Hummell lawsuit, an appropriation from the
General Fund of $275,000 is needed.
RECOMMENDATION: That Council adopt the resolution providing for an
appropriation of $275,000.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
A settlement has been negotiated in the Janey Hummell v. City of Chula Vista lawsuit
in the amount of $300,000. This settlement amount was not fully budgeted in FY
1994-95 Budget. $25,000 of the settlement will be paid from budgeted workers'
compensation funds. The remaining $275,000 will be paid from the General
Insurance account. Settlements of this size are not predictable and therefore not
budgeted and an appropriation is needed. The City Council previously authorized this
settlement.
FISCAL IMPACT: A total of $275,000 is to be appropriated from the General Fund
to Insurance Account 100-0700-5233. The total sum appropriated to this account
will be expended by authorization and approval of the Finance Director.
7-/
RESOLUTION NO.
/ /5'9-2..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FY 1994-95 BUDGET,
PROVIDING FOR A GENERAL FUND APPROPRIATION TO
THE GENERAL LIABILITY INSURANCE ACCOUNT
WHEREAS, due to the settlement of the Janey Hummell
lawsuit, an appropriation from the General Fund of $275,000 is
needed.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby appropriate $275,000 rom the
General Fund into Insurance Account 100-0700- 3.
Candy Boshell, Director of
Personnel
Presented by
c:\rs\approp.lia
/-~
COUNCIL AGENDA STATEMENT
Item
Meeting Date 8/2/94
g'
REVIEWED BY:
RESOLUTION 1')593 (1) ADOPTING NEGATIVE
DECLARATION 15-94-26; (2) APPROVING THE CLOSURE OF THIRD
AVENUE TO VEHICULAR TRAFFIC BETWEEN E STREET AND
DAVIDSON AVENUE ON THURSDAY AFTERNOONS BETWEEN 2:00
P.M. AND 8:00 P.M. FOR A FARMERS' MARKET SPECIAL EVENT
SUBJECT TO CONDITIONS, AND (3) WAIVING BUSINESS LICENSE
FEES FOR THE VENDORS.PARTIC~nTING IN THE SPECIAL EVENT
Community Developmenr~~ector }PI
City Manager ~ \>..6~)
(4/5ths Vote: Yes
Council Referral Number:
No .1L1
NA
ITEM TITLE:
SUBMITTED BY:
BACKGROUND:
On May 24, 1994, the City Council approved the temporary closure of Third Avenue to
vehicular traffic between E Street and Davidson Street on Thursday afternoons between 2:00
p.m. and 8:00 p.m. for a 60 day period to accommodate a Farmer's Market. During the 60
day period, an Initial Study of potential environmental effects was conducted. In addition,
the street closure request was presented to the Safety Commission and Town Centre Project
Area Committee and the Negative Declaration was submitted to the Resource Conservation
Commission.
The Environmental Review Coordinator conducted Initial Study IS-94-26 and concluded that
there would be no significant effect on the environment and has recommended the adoption
of Negative Declaration IS-94-26.
RECOMMENDATION: That the City Council adopt a resolution:
1) Adopting Negative Declaration 15-94-26 and finding that the project will have no
significant environmental impact,
2) Approving the closure of Third Avenue to vehicular traffic between E Street and
Davidson Avenue on Thursday afternoons between 2:00 p.m. and 8:00 p.m. for a
Farmers' Market subject to conditions attached as Exhibit A; and,
3) Waiving business license fees for vendors participating in the special event.
BOARDS/COMMISSIONS RECOMMENDATION:
On July 11, 1994, the Resource Conservation Commission reviewed Negative Declaration 15-
94-26 and voted 5-0 to recommend acceptance of the negative declaration. (Excerpt of
approved minutes attached.)
~-/
Page 2, Item ~
Meeting Date 08/02/94
On July 14, 1994, the Safety Commission adopted a motion confirming that the Commission
reviewed and considered Negative Declaration IS-94-26 and recommends that the City Council
approve the street closure subject to conditions (conditions included in attached conditions
of approval). (Excerpt of unofficial minutes attached.)
On July 28, 1994, the Town Centre Project Area Committee voted 1) to confirm that the
Committee reviewed and considered Negative Declaration 15-94-26, and 2) to recommend
that the City Council approve the closure of Third Avenue to vehicle traffic between E Street
and Davidson Avenue on Thursday afternoons between 2:00 p.m. and 8:00 p.m. for a
Farmers' Market subject to conditions recommended by staff and waive business license fees
for vendors participating in the special event. (Conditons are included in attached conditions
of approval.) (Excerpt of Draft minutes attached.)
DISCUSSION:
After evaluating the Downtown Farmers' Market during the 60 day demonstration period
beginning June 2, 1994, it appears that the Market has been successful as a promotional
activity and, as determined by the Negative Declaration, the Market will not result in any
significant environmental impact. The following report provides a description of the Market
activities, the public noticing and review process for the street closure, and Initial Study's
findings. (A copy of the May 24, 1994 agenda statement requesting the temporary closure
of Third Avenue for the Farmers' Market is attached for your information.)
Market Activities
The Farmers' Market is a certified market which includes certified farmers that offer for sale
only those items they grow themselves. Only immediate family and salaried employees of the
a certified producer may act for and sell the products of that producer. Items include fresh
and dried fruits and herbs, vegetables, nuts, honey, eggs, house plants and cut flowers. Also
approved for sale are jerky, fresh fish, olives and baked goods.
The sale of cut flowers and house plants has created a concern among the Downtown florists.
The Market flowers are sold at wholesale prices at which it is difficult for the local retail
florists to compete. One of the Downtown florists has submitted a letter to the DBA Board
requesting that the Board consider the situation and the Board has responded by making a
commitment to meet with the florists as a group and discuss the alternative solutions to
resolve the problem.
To ensure the integrity of the Farmers' Market, staff has recommended that the vendors and
activities of the Market be limited to vendors allowed by a certified farmers' market, arts and
crafts hand made by the seller, the sale of goods and services by DBA members, and
promotional activities that enhance but do not detract from the Downtown. A condition of
approval would allow the Director of Community Development to review all vendors and
activities before they are included in the Market.
Market Promotion
The DBA plans to promote the Market in several ways. A direct mailing will be made to Chula
Vista area homes and advertising will be through local publications. The DBA will promote
the Market on the Third Avenue Banner located above Third Avenue north of F Street and they
r....J-
Page 3, Item ~
Meeting Date 08/02/94
plan to purchase professionally, wood crafted signs which will be placed around the vendors
at the Market to identify the activity. The signs will be made by a local wood crafter and will
be 4 foot by 5 foot painted signs in the shape of a cow and will state, "Certified Farmers'
Market Today."
Public Notice
In an effort to provide adequate notification to all the parties that would be affected by the
street closure and the special event, the following outreach has been undertaken. The DBA
began the process by holding a public forum at Papa Dave's Coffee House located at the
northeast corner of Third and Davidson Avenues on March 30. All merchants located along
Third Avenue between E Street and Davidson Avenue were notified by personal visit from the
Town Manager and they were given notice by flyer on March 22 and again on March 28.
Approximately 25 merchants attended the forum. The DBA reported that attendees, by a
show of hands, voted their support for the market. In addition, the DBA devoted a full page
of the DBA's April newsletter to the Farmers' Market. The newsletter has a distribution of 400
which includes all 350 DBA members. Since the proposal was modified to include both the
north and south lanes of Third Avenue (original proposal was for the closure of only the
northbound lane), the DBA expanded their personal contact to include all property owners
adjacent to the proposed street closure to discuss the closure and market operation.
City staff mailed notices of the City Council May 24 public meeting to all 350 DBA members
and to all property owners within 500 feet of the proposed street closure and affected area.
In addition, following the Council's approval of the 60 day temporary street closure, notices
of the street closure and detour were published in the local newspaper and the transit
coordinator posted a sign at the affected bus stop and in the affected buses.
Notice of the recent Initial Study for the street closure and Market was were mailed to all DBA
members and properties within a minimum of 1000 feet of the Street closure and the notice
of Negative Declaration was posted in the County Clerk's Office and was mailed to all DBA
members and properties within a minimum of 1000 feet of the proposed street closure area.
Notices of the Resource Conservation Commission and Safety Commission meetings were
posted at City Hall. And, notice of the Town Centre Project Area Committee and City Council
meetings to consider the street closure and waiver of business license fees was published in
the local newspaper, posted at City Hall, and mailed to all DBA members and properties within
1000 feet of the proposed street closure area.
Vehicle Traffic
While Third Avenue was closed during the 60 day Market demonstration period, vehicle traffic
counts were taken, turning movement counts were evaluated and the City's Traffic
Engineering and Environmental Planning staff observed the vehicle traffic. It was concluded
that during the operations of the Farmers' Market, when Third Avenue is closed between
Davidson and E Street, the level-of-service on primary access roads would not change and
would not exceed level-of-service "C", the design ADT volume. There were some delays for
vehicles northbound on Landis Avenue and Church Avenue that were making left-hand turns
on to E Street. However, D Street at Third Avenue and Fourth Avenue are signalized which
spreads the traffic flow into platoons with the red light traffic signal phase creating gaps in
the traffic flow permitting some left-hand turn movements, this combined with the limited
?<:J
Page 4, Item
Meeting Date 08/02/94
~
once-a-week operation of the market creates an observable, but less than significant impact.
There is a need to maintain emergency services on Third Avenue and to the storefronts along
Third Avenue. This is accomplished by maintaining a minimum ten foot wide open lane in the
center of Third Avenue between the vendors. Breaks also are provided between booths,
displays and vehicles from Third Avenue to the storefronts. Emergency access also is
available from the alleys that parallel Third Avenue which have several ingress and egress
points between the buildings to Third Avenue.
Vehicle ParkinQ
There are over 200 public parking spaces within easy walking distance of the Farmers'
Market. That includes public parking in lots and on-street along Third Avenue between
Davidson and F Street and on Church and Landis Avenues between E Street and F Street.
Informal parking surveys were conducted by staff on June 9, June 16, and June 23, the first
three market days. The surveys were conducted at what appeared to be the peak hours of
activities between 3:30 p.m. and 4:15 p.m. The results of the surveys show that parking
north of Davidson Street on Landis Avenue, north and south of Davidson on Church Avenue,
and south of Davidson on Third Avenue was nearly full during the survey time period. Parking
spaces were always available south of Davidson on Landis Avenue and in the parking lot
south of Davidson near F Street between Church and Del Mar Avenues during the survey
periods. It was observed that the vehicle turn-over was regular and market customers found
parking fairly easy.
It appears, from the Initial Study and parking surveys, that traffic circulation and emergency
access will not be significantly impacted by the proposed street closure and public parking is
adequate to accommodate the Market event.
FISCAL IMPACT:
The DBA will assume all costs for traffic signs devised and will provide the labor for posting
signs, and coordination for the Farmers' Market. The City is providing public noticing and
processing, and guidance related to vehicle traffic control. Revenue from the parking meters
located along the portion of Third Avenue proposed for closure will be lost, however, those
revenues will be transferred to the public parking lots located in the back of the Third Avenue
businesses and is anticipated to be substantially from the added use of the now underutilized
lots due to the Market.
The Market will be able to accommodate up to 36 produce vendors. Annual business license
fees for vendors is $52.50 If the City waives the business license fees for those vendors
participating in the Market, a maximum of about $1,800 in revenue will not be remitted.
However, it is anticipated that the Market will stimulate a significant increase in sales within
the Downtown which should in turn result in a net increase in area sales tax to the City. It
is expected that this increase in sales tax will off-set any loss in business license revenue.
The Market has not been operating long enough to substantiate those expectations, however,
it is anticipated that by June 1995 enough data will be compiled to make a determination on
the extent of the financial benefit provided to the City in parking meter revenue and if the
sales tax revenue has increased in the Downtown area since the inception of the market.
~-'f
~
Page 5. Item
Meeting Date 08/02/94
There will be some administrative costs relative to the enforcement of traffic and safety
services which will include staff time.
farmer3/Downtowndisk
8"5 /0-&
RESOLUTION
17.5"93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1)
ADOPTING NEGATIVE DECLARATION 15-94-26; (2) APPROVING THE CLOSURE OF
THIRD AVENUE TO VEHICULAR TRAFFIC BETWEEN E STREET AND DAVIDSON
AVENUE ON THURSDAY AFTERNOONS BETWEEN 2:00 P.M. AND 8:00 P.M. FOR
A FARMERS' MARKET SPECIAL EVENT SUBJECT TO CONDITIONS, AND (3)
WAIVING BUSINESS LICENSE FEES FOR THE VENDORS PARTICIPATING IN THE
SPECIAL EVENT
WHEREAS, the City Council of the City of Chula Vista established a Business
Improvement Area on November 16, 1971 which created the Downtown Business
Association; and,
WHEREAS, the Downtown Business Association has requested to close Third Avenue
from "E" to Davidson Avenue on Thursdays between 2:00 P.M. and 8:00 P.M. in order to
conduct a certified Farmers' Market special event; and,
WHEREAS, the Downtown Business Association has requested a waiver of the
Business License Fee for the vendors taking part in the Farmers' Market special event;
WHEREAS, the proposed Farmers' Market special event will further the
Redevelopment effort within the Town Centre 1 Project Area; and
WHEREAS, the City Council has reviewed and considered Negative Declaration 15-94-
26.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
find, order, determine and resolves:
1. That the City Council hereby adopts Negative Declaration 15-94-26 and finds
that the project will have no significant environmental impact.
2. That Third Avenue shall be closed to vehicular traffic between E Street and
Davidson Avenue on Thursday afternoons between 2:00 P.M. and 8:00 P.M. for a Farmers'
Market special event subject to conditions attached hereto as though fully contained herein.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves
the waiver of the City's Business License Fee for the vendors participatin in the Farmers'
Market.
~LC;:Q~
Chris Salomone
Community Development Director
ASJ
PRESENTED BY:
Bruce M. Boogaard
City Attorney
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EXHIBIT A
Page 1 of 2
CONDITIONS OF APPROVAL
1. The subject street closure shall be permitted for a one year period unless sooner revoked
to accommodate the Downtown Farmers' Market. At the end of one year, the Farmer's
Market shall be evaluated by the Community Development Director and City Engineer and
their findings shall be reported to the City Council by August 1, 1995. The City Council,
at that time, may consider an extension of the street closure for the continuation of the
special event.
2. All vendors or activities to take place within the closed street right-of-way, other than
those approved herein shall be approved by the Community Development Director prior
to their participation in the Farmers' Market.
Aooroved Vendors and Activities
a) Certified Farmers' Market'
b) Arts and Crafts hand made by the seller
c) Promotional activities that enhance the Market but do not detract from the
Downtown business environment or create significant noise, congestion, or safety
hazards
d) Downtown Business Association (DBA) merchants and businesses in good
standing may sell or demonstrate merchandise and services that are currently sold
within their Downtown premises.
3. The DBA shall provide, set-up and remove all signs, barricades, temporary traffic control
devices related to the Farmers' Market and street closure in a timely manner (set-up
completed no later than 3:30 p.m. and removal completed no later than 8:00 p.m.). All
traffic control devices, signs, and barricades shall be placed in accordance with the sign
placement plan prepared by the City Traffic Engineer and attached as Attachment I and
shall conform to the State of California traffic control requirements.
4. The DBA will responsible for the coordination and implementation of all activities and
regulations related to the street closure and Farmers' Market and the appropriate City of
Chula Vista departments and staff and any applicable County, State, or Federal
requirements.
5. The DBA shall provide evidence of a certificate of insurance and the policy endorsement
satisfactory to the City, naming the City of Chula Vista as additional insured.
1 A certified farmers' market is a location approved by the County Agricultural Commissioner, where certified
farmers offer for sale only those items they grow themselves. Only the immediate family and salaried employees
of ta certified producer may act for and sell the products of that producer. Items include fresh and dried fruits and
herbs, vegetables, nuts, honey, eggs, house plants and cut flowers, jerky, fresh fish, olives and baked goods.
?"8'
EXHIBIT A
Page 2 of 2
6. The DBA shall execute an agreement to hold the City harmless from any liability from the
activities within the street right-of-way and resulting from the Farmer's Market special
event.
7. The DBA shall be responsible for implementing the following Storm Drain Pollution
Prevention Program for the Downtown Farmers' Market:
a) Debris and/or other pollutants shall not be swept or otherwise made/allowed to
go into storm drain inlets or facilities at any time.
b) The street right-of-way shall be thoroughly swept and all solid debris shall be
placed in containers following the close of the Farmers' Market.
c) The street and sidewalks may be washed with water to prevent health hazards.
d) This plan may be revised as necessary to prevent, control, or eliminate the
discharge of pollutants to the storm drain system resulting from the outdoor
activities of the Downtown farmers' Market.
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Resource Conservation Commission
ATTACHMENT 2
Page 3
3. Review of Negative Declaration IS-94-26, Certified Farmers Market: Mary Coburn,
Executive Director for the Downtown Business Association, was present to answer specific
questions of the RCC. The three requests by the DBA were briefly addressed with no
further comments. A motion was made (Hall/Myers) to recommend acceptance of the
negative declaration; 5-0, motion carried.
4. Historical site review by RCC-Kracha felt that since no support was given to RCC by the
council on signage for historical homes, that the Muni Code be revised to reflect this
designation be reassigned to another commission. Hall noted that if this commission took
no action, nobody else will take responsibility for the signs. A suggestion was made by
Staff to possibly transfer the element of the Historical Preservation from RCC to another
commission-i.e., Design Review Committee in the Planning Department, someone with
permit control or with an architectural background. The Historical Society should also
have some input on the decision. Staff to approach all parties and if there is a possibility
of transfer of designation, this item will then be put on the agenda for discussion.
5. Election of ChairlVice-Chair. Motion was made (Hall/Guerreiro) to nominate Cindy
Burrascano as the Chairman of the RCC; 5-0, motion carried. A motion was then made
(Kracha/Myers) to nominate Michael Guerreiro as Vice-Chairman of the RCC; 5-0, motion
carried.
6. Review of Planning Commission Agenda:
a. PCM 94-20/PCA-94-02: Continued.
b. PCA-94-04: Continued.
c. Lower Sweetwater Valley GPA Issue Paper: Discussed earlier.
STAFF REPORT:
RCC has the opportunity to open a public healing 011 the Shopping Center ElR, per memo from
Joe Monaco; decided against it.
CHAIRMAN'S COMMENTS:
For the next meeting staff will check with council on the status of the environmental list so RCC
can make a report.
COMMISSIONER'S COMMENTS:
Guerreiro: The City has denied Surf Rider Foundation the right to stencil storm drains.
Although cities like Imperial Beach, National City and Oceanside were allowed to paint their
drains, he requested Staff fmd out why Chula Vista has denied this request.
fiA "!r- ) J
ATTACHMENT 2
MINUTES OF A REGULAR MEETING
OF THE CHULA VISTA SAFETY COMMISSION
Thursday, July 14,1994
7:05 p.m.
Council Chambers
Public Services Building
CALL TO ORDER
1. Roll Call:
Present:
Chair Thomas, Vice Chair Padilla (in at 7:08), Commissioners Bierd, Matacia,
Pitts, and Smith
Also Present:
Hal Rosenberg, Traffic Engineer; Frank Rivera Associate Traffic Engineer; Sgt.
Gene d'Ablaing; and Shirley Buxton, Recording Secretary
2. Pled2e of Alle2iance/Silent Praver
3. ODenin2 Statement - Read by Chair Thomas
4. ADDroval of Minutes: May 26 & June 9, 1994
MSC (Smith/Bierd) to approve the minutes of May 26, 1994 as presented. Approved 4-0-1-1 with Vice Chair
Padilla absent and Commissioner Pitts abstaining.
-
MEETING AGENDA
5. REPORT on Downtown Certified Farmer's Market on Third Avenue between E Street and Davidson
Street
Frank Rivera presented staff's report.
Hal Rosenberg mentioned that staff had been monitoring the event and found no unusual or unsafe conditions
at the Farmer's Market.
Chair Thomas asked Pam Buchan for a brief overview of the program.
Pam Buchan, Principal Community Development Specialist, said she had received positive feedback from the
public, customers, and downtown merchants on the Farmer's Market. The Downtown Business Association
sponsored the Farmer's Market which was located on Third Avenue from E Street to Davidson Street. The
merchant's grossed $9,000 - $11,000 each Thursday. There were 23 - 25 vendors participating. Some of the
products included flowers, herbs, potted plants, assorted "certified" produce. Certified produce meant it had
to be sold by the growers. There was also live music and the merchants were more involved.
Chair Thomas asked if the City would continue to waive the business license requirements.
Pam Buchan said staff would return to the City Council on August 2, 1994 to give them a status update. Staff's
recommendation would be to continue the waiver of business licenses. Staff was trying to accomplish
exposure of the downtown area with the Farmer's Market, not necessarily making money.
MSUC (Thomas/Bierd) to recommend to the City Council the approval of temporary street closure for the
Downtown Certified Farmer's Market subject to the following three conditions: 1) the operation of the
Farmer's Market would be evaluated annually by the Community Development Director and City Engineer
and their findings shall be reported annually to the City Council at the first Council meeting in March; 2)
all non-food vendors shall be approved by the Community Development Director prior to the vendor's
UNOFFICIAL MINUTES)t-5 Y ---/ ~
Safety Commission Minutes
July 14, 1994
Page 2
participation in the Farmer's Market; 3) a storm drain pollution prevention program for the Farmer's Market
shall entail: a) the street right-of-way shall be thoroughly swept and all solid debris shall be placed in
containers following the close of the Farmer's Market and b) the street and sidewalks may be washed with
water to prevent health hazards; and 4) had reviewed and considered and approved the Negative
Declaration.
6. STATUS REPORT on traffic concerns for Oleander Avenue south of Orange Avenue
Frank Rivera said staff met with residents of Oleander Avenue to discuss traffic issues. There were
approximately 30 people at the meeting. Resident's felt it would be best to divide Oleander Avenue into three
study areas. Staff received good input from residents including accident history which was not included in
staff's reports from the Police Department. Residents requested all-way stops in the area. Since the Elementary
School was in summer recess, staff felt it would be best to complete their analysis after school resumed in
September and report to the Commission in October. The report would include an evaluation of speed
humps, which interested the residents. If speed humps were approved by the Commission, it would be the
first location in the City, and it would need to be approved by the City Council. Staff was working with the
City of San Diego to review their policy for installing humps. Staff also reviewed installing edgelines along
Oleander Avenue. Block captains were selected for each study area to act as a liaison between residents and
staff. The Police Department continued enforcement and staff had marked out pavement legends for the new
speed limit signs to be added. During the first week of August, Oleander from East Orange to Sequoia Street
would be resurfaced. Staff intended to wait a few weeks after the overlay was completed before striping the
area.
MSUC (Padilla/Pitts) to have staff continue to work with residents and to return with a final report to the
Commission on October 13, 1994.
7. REPORT on request for time limited parking 500 block of Del Mar Avenue and 200 blocks of Shasta
Street and Whitney Avenue
Frank Rivera presented staff's report.
Hal Rosenberg said staff did not take a strong position on whether time parking should be established, but it
was an option left to the residents who were impacted. Staff relied upon the community to give support in
the form a petition indicating interest in time limited or permit parking.
Chair Thomas pointed out that the report mentioned vehicles parked on sidewalks and lawns and asked if it
was because of lack of street improvements.
Frank Rivera responded that the area had rolled curbs and it was easy to park on the curbs. Motorists parked
wherever their car would fit.
Commissioner Matacia confirmed with staff that they were trying to get community support and had mailed
75 letters and received 10 phone calls, five supporting time limited parking and five against.
Frank Rivera said the reason people were against the idea was because they were far removed from problem
and were not impacted yet. If staff installed time limited parking for those currently effected, those not
impacted would begin the feel the impact and would want time limited parking. It would create a "domino"
effect on the entire street.
UNOFFICIAL MINUTeS
*--60--'/b
t
ITEM TITLE:
SUBMrru;D BY:
REVIEWED BY:
BACKGROUND:
ATTACHMENT 3
COUNCIL AGENDA STATEMENT
1.1; Item
~ V\ Meeting Date 5/24/94
COUNCIL RESOLUTION \.1\ 1) APPROVING THE TEMPORARY
CLOSURE OF THIRD A VENUE TO VEHICULAR TRAFFIC
BElWEEN E STREET AND DA VIDSON AVENUE ON THURSDAY
AFfERNOONS BETWEEN 2:00 P.M. AND 8:00 P.M. FOR A 60 DAY
PERIOD COMMENCING ON JUNE 2 FOR A FARMERS' MARKET
SPECIAL EVENT, AND 2) WAIVING BUSINESS LICENSE FEE FOR
THE VENDORS PARTICIPATING IN THE SPECIAL EVENT AND 3)
WAIVING INITIAL STUDY DEPOSIT (FEE) FOR LONG-TERM
FORMAL STREET CLOSURE
COMMUNITY DEVELOPMENT DIRECTOR (S . [;J!l
CITY MANAGER/EXECUTIVE DIRECTOR ~ ~d ./"Z
(4/5ths Vote: Yes _ No XJ
Council Referral Number: NA
The Downtown Business Association (DBA) proposes to establish a weekly certified Farmers'
Market in the Town Centre I Project area as a special event and requests the closure of Third
Avenue between E Street and Davidson Avenue to accommodate the market. In addition, the
DBA requests that the City waive the business license fee for the vendors participating in the
Market.
The City's Traffic Engineer, Risk Manager, Police Department Special Events Coordinator, Fire
Department, Transit Coordinator, Community Development Department, Planning Department,
and City Attorney's Office reviewed the proposed temporary street closure. The following
report discusses the issues that were raised and resolved during the staff meetings and
discussions.
RECOMMENDATION: That the City Council adopt a resolution approving:
1) the temporary closure of Third Avenue to vehicular traffic between E Street and Davidson
Avenue on Thursday afternoons between 2:00 p.m. and 8:00 p.m. for a 60 day period
commencing on June 2, 1994 for a Farmers' Market subject to conditions;
2) waiving business license fee for vendors participating in the special event; and,
3) waiving Initial Study deposit (fee) for long-term formal street closure.
11 ~~//7
. \
Page 2, Item
Meeting Date 5/24/94
,
,
BOARDS/COMMISSIONS RECOMMENDATION:
During the 60 day term of the proposed demonstration project, the staff and the DBA will
provide a presentation of the formal street closure and Farmers' Market proposal to the Town
Centre Project Area Committee and Safety Commission for their review and reconimendation.
DISCUSSION:
The DBA is proposing to establish a certified Farmers' Market special event in Town Centre l.
The Market is proposed to be conducted every Thursday between 3:30 p.m. and 7:00 p.m. and
is planned to be located within the Third Avenue street right-of-way between E Street and
Davidson Avenue. Approximately 25 produce vendors will participate in the first market
scheduled for June 2. A full description of the DBA's proposal is attached as Exhibit A. [The
original proposal has been modified to consist of a full width street closure (north and south
bound lanes of Third Avenue) rather than closure of just the northbound lane. This change was
made because the single lane closure had the potential to create significant pedestrian safety
ISsues.
The specific location for the Market was selected for several reasons. The northeast section of
the Town Centre I Project Area does not have as high an activity level as other commercial
sections of the Downtown. The market will provide an opportunity to introduce the public to
this portion of the Downtown area. This segment of Third Avenue also is highly visible from
E Street which will provide a high level of Market exposure to local and through traffic carried
on E Street. Additionally, mid-block public parking lots are available and easily accessible to
customers near the proposed market location.
To accomplish the open market as planned, the DBA has requested that Third Avenue be closed
to vehicular traffic between E Street and Davidson Avenue between 2:00 p.m. and 8:00 p.m.
on Thursdays and that the business license fee be waived for participating vendors.
The California Vehicle Code section 21101(e) allows a local authority to temporarily close a
portion of any street for local special events. This may be accomplished by resolution or
ordinance. After reviewing the proposal and potential impacts, staff is recommending approval
of the temporary street closure by resolution.
Staff also is recommending that the City Council approve the proposed street closure for a 60
day period which would be considered a special event demonstration project. The demonstration
project is a class 23 CEQA exemption. During the demonstration project, the Traffic Engineer
will monitor the shift in traffic patterns. This information will be the traffic data base that will
be used to prepare the Initial Study. necessary for the formal, long-term project that will be
presented to the City Council following the completion of the demonstration project. The Initial
Study application includes a $1000 deposit which covers staff processing and administrative
costs. The DBA as a non-profit organization has requested that this fee be waived.
rr- ?{~/ Y
Page 3, Item
Meeting Date 5/24/94
In addition, the demonstration project will provide an opportunity to evaluate other issues such
as parking and signage and will allow the Town Centre Project Area Committee and the Safety
Commission an opportunity to provide comments to the City Council based on a working model.
The following discussion addresses the issues pertinent to the temporary street closure for the
special event.
Public and Local Notice of Street Closure
Merchants, local residents, and local street traffic will be affected 9Y the street closure and
detour. In an effort to provide adequate notification to all the affected parties the following
outreach has been undertaken. The DBA began the process by holding a public forum at Pa Pa
Dave's Coffee House located at the northeast corner of Third and Davidson Avenues on March
30. All merchants located along Third Avenue between E Street and Davidson Avenue were
notified by personal visit from the Town Manager and they were given notice by flyers (see
Exhibit B) on March 22 and again on March 28. Approximately 25 merchants attended the
forum. The DBA reported that attendees voted their support for the market. In addition, the
DBA devoted a full page of the DBA's April newsletter to the Farmers' Market (see Exhibit C).
The newsletter has a distribution of 400 which includes all 350 DBA members. Since the
proposal was modified to include both the north and south lanes, the DBA has expanded their
personal contact to include all property owners adjacent to the proposed street closure to discuss
the closure and market operation.
City staff mailed notices of the City Council May 24 public meeting to all 350 DBA members
and to all property owners within 500 feet of the proposed street closure and affected area. In
addition, if the Council approves the closure, a series of notices will be published in the local
newspaper and the transit coordinator will post a sign at the affected bus stop and in the affected
buses.
Traffic Control Plan
The City's Traffic Engineer has prepared a traffic control detour plan to direct traffic around
the proposed closed portion of Third Avenue. If the closure is approved, a series of traffic
control signs will be placed on Third Avenue before and during the Farmers' Market special
event (see attached plan - Exhibit D). Traffic Engineering will mark-out the locations for all
the required traffic control signs. The DBA will be responsible for supplying, setting-up, and
removing all traffic control signs, cones and barricades at the market. Traffic Engineering will
assist the DBA on the initial closure to develop a correct procedure.
Detour signs will direct north and southbound traffic to 4th Avenue via E Street and F Street.
Neither of these circulation element streets are experiencing level of service problems as
reported in the 1993 traffic monitoring report. There appears to be sufficient capacity on these
streets to accommodate the diverted traffic. The temporary closure should not impact any traffic
threshold standards. However, it is expected that some traffic congestion may result at the F
Street !Third Avenue intersection. In anticipation of this occurrence, special traffic operating
procedures (i.e. dual left turn lanes) will be implemente~ to mini'~COn~~) ~
.'
Page 4, Item
Meeting Date 5/24/94
During the recommended demonstration period, the Traffic Engineer will be monitoring the
traffic circulation. All traffic issues revealed during that time period will be forwarded to the
Safety Commission for comments and recommendation to the City Council with the formal long-
term Farmer's Market proposal following the completion of the demonstration project.
Parking
One of the reasons the proposed location was selected was because public parking is within
proximity of the proposed Farmers' Market and it will be easily accessible to the Market and
Downtown shoppers (see Exhibit E). There are three public parking lots containing over 90
spaces located north and south of Davidson Avenue behind businesses on the east side of Third
Avenue (Church Avenue) and two public parking lots containing almost 200 spaces located north
and south of Davidson Avenue behind the businesses on the west side of Third Avenue (on
Landis Avenue). These parking lots are currently used at a 50% to 60 % occupancy (1993
data). They are easily accessible from F and E Streets via Landis and Church Avenues and via
Davidson Avenue and are located along the Third Avenue detour route.
Towing
Tow Away Zone signs must be posted in accordance with the vehicle code before the street
closure occurs. It was agreed that the DBA will be responsible for placing Tow Away signs 24
hours before the street closure to allow ample warning that cars will be towed by 2:00 p.m. on
Thursdays. The DBA has been previously responsible for tow away notices when street closures
have been allowed for street festivals.
Market Promotion
The DBA plans to promote the Market in several ways. A direct mailing will be made to
78,000 Chula Vista area homes and advertising will be through local publications. The DBA
will promote the Market on the Third Avenue Banner located above Third Avenue north of F
Street and they plan to purchase professionally, wood crafted signs which will be placed around
the vendors at the Market to identify the activity. The signs will be made by a local wood
crafter and will be 4' x 5' painted signs in the shape of a cow and will state, "Certified Farmers'
Market Today."
Staff feels that the issues raised can be satisfactorily resolved. In addition to the traffic and
parking issues, the City staff will observe and monitor the set-up and operation of the market
during the demonstration project to determine if any modifications or additional
recommendations to the traffic control plans will be necessary for safe operation.
FISCAL IMPACT:
The DBAwill assume all costs for traffic the signs, and provide the labor for posting signs, and
coordination for the Farmers' Market. The City is providing public noticing and processing,
and guidance related to vehicle traffic control. Revenue from the parking meters located along
ril~t1" ?' /~ CJ
"
Page 5, Item
Meeting Date 5/24/94
the portion of Third Avenue proposed for closure will be lost, however, those revenues will
most likely be transferred to the public parking lots located in the back of the Third Avenue
businesses and will most likely be increased substantially from the added use of the now
underutilized lots due to the Market.
The Market will be able to accommodate up to 36 produce vendors. Annual business license
fees for vendors is $50. If the City waives the business license fees for those vendors
participating in the Market, a,maximum of $1800 in revenue will not be remitted. However,
it is anticipated that the Market will stimulate a significant increase in sales within the
Downtown which -should in turn result in a net increase in area sales tax to the City. It is
expected that this increase wilI off-set any loss in business license revenue.
There will be some administrative costs relative to the enforcement of traffic and safety services
which will include staff time.
If the Initial Study deposit is waived, the approximately $1000 staff processing and
administrative costs for the preparation of the Initial Study will be absorbed by the Community
Development Department's staff services budget. The DBA is a non-profit organization which
qualifies for the waiver of fees if the City Council deems it appropriate.
c:farmer. 113
~6/;;Z/
360 Third Avenue
P.O. Box 381
OIuIa Vista, CA 91912
(619) 422-1982
(619) 422-1452
1994 Officers & Directors
President
Jim Fergus
Vice President
Tom Money
Secretary
Jan Cano
Treasurer
Donna Hawk
Past President
Vangie Kujawski
Dana Birch
Lou Black
Sandra Mascarenhas
Lou Nicholaus
Ben Patton
Marie Raftery
Dave Rossi
Dr. Steven Wachs
Town Manager
Mary Coburn
April 12, 1994
Christopher Salomone, Director
Community Development
City of OIula Vista
476 Fourth Avenue
Chula Vista. CA 91910
Dear Chris:
The Downtown Business Association is pleased to present our Certified Farmers'
Market plan for approval. I am sure you are aware that Certified Farmers' Markets
are being used statewide to vitalize city center shopping areas. The establishment
of a market will create a self-supporting, weekly activity that has the potential to
attract 3,000 to 4,000 shoppers on a weekly basis. Currently markets are being
held in Ocean Beach, Coronado, Pacific Beach, La Mesa, Escondido, Hazard
Center, Oceanside, Vista. Poway, Del Mar and Uptown San Diego. As you can
see, the Chula Vista area is ripe for a market!
The market will be held every Thursday, beginning June 2 rain or shine, from
3:30 until 7;00 PM (winter hours maybe adjusted) year round. In order for
Downtown Chula Vista to maximize the market's potential we are requesting
permission to close the north bound lane of Third A venue between Davidson and
E Street This location has ample parking, good visibility and will bring needed
foot traffic to the area.
We will need to begin street closure at 2:00 PM in order to allow ample time for
shoppers currently parked in the area time to leave and to allow the DBA to
position barricades and signage. We will be working with an experienced Market
Manager who not only manages four markets but is also a grower.
We have been in contact with all the business owners on both sides of Third
Avenue between Davidson and E Street and on March 30th we held a market
forum. The result was a vote of support and pledge of cooperation.
We appreciate your support in gaining approval for the street closure.
cc:Pam Buchan
~3 EXHIBIT
A
DOWNTOWN
CHULA VISTA
CERTIFIED FARMERS' MARKET
PROPOSAL.
Chula Vista Downtown Business Association
360 Third Avenue
Chula Vista, CA 91910
422-1982
Jr15 'if -- ..2?
EXHIBIT A
Purpose
The purpose of a weekly certified fanners' market is to provide a weekly self-
supporting (income producing) event that has the potential to attract between
3.000 and 4.000 shoppers into the Downtown core.
Background
A certified farmers' market is an effort to reestablish the traditional link between
farmers and consumers. A certified farmers' marketis a location approved by the
county agricultural commissioner. where certified fanners offer for sale only those
items they grow themselves. Before a certified producer certificate is issued. the
agricultural COmmissioner visually inspects the applicants's field to verify that the
applicant is actually the producer of the crops listed on the certificate. Only the
immediate family and salaried employees of a certified producer may act for and
sell the products of that producer. Items include fresh and dried fruits and herbs.
vegetables. nuts. honey. eggs. house plants and cut flowers. Also approved for sale
are Jerky, fresh fish. olives and baked goods.
Certified Farmers' Markets are being used stateWide to reverse the trend of
shopping in the suburbs and bring people back Downtown. Currently markets are
being held in Ocean Beach, Coronado, Pacific Beach, La Mesa, Escondido, Hazard
Center, Oceanside, Vista, Poway, Del Mar and Uptown San Diego. Both the Ocean
Beach and Escondido Farmers' Market involve an evening street closure.
Surveys taken at three different markets indicated:
. Of the market customers interviewed, more than half consider themselves
regular customers.
. The average customer spends between $2.00 and $25.00.
· Half the customers indicated that they typically shopped outside the Downtown area
for groCeries. .
· More than half the customers expected to tie in the trip With other shopping.
Typically, for every one dollar spent at the market $3.00 are spent at neighbOring
businesses.
· Almost half reported being previously unfamiliar With the Downtown area and
now liking it.
· The presence of the market improved the customer's image of the shopping area.
Proposal
The Downtown Business Association proposes to establish a year round Certified
Farmers'Market every Thursday (rain or shine) beglnnfng on June 2nd. The
market will begin set up at 2:00 PM and the bell will sound at 3:30 PM (no sales
may be made until the Market Manager sounds the opening bell). The market will
close at 7:00 PM and the street will reopen no later than 8:00 PM.
fi--Ir 55 ~ J '7
Five Downtown locations were considered for the market location. Considerations
included - visibility, surface, shade/windbreaks, bathroom availability with hot &
cold running water and parking. Our main goal was to get the shoppers onto 1h1rd
Avenue, therefore, utilizing a parking lot was not a serious consideration.
Meetings were held with Pam Buchan and Miguel Tapia from Community
Development and Hal Rosenberg the City's Traffic Engineer. The challenge was to
determine the location that would provide the greatest benefit to 1hird Avenue
businesses with the leas~ ~~of impact on traffic flow. That area was
determined to be the no~~? J~~between Davidson and E Street. 1h1s
location provides excellent visibility from E Street and would attract cross town
traffic into the Downtown core. There is adequate parking in the lots behind the
businesses and there are several mid-block walk ways.
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diverted at F Street. 1hird At~ willJe~~ open to traffic until Davidson where
all Ri~' 1 :' LOO traffic will lll{(f eiilier park and shop or continue to SesQnd
k.'eHue. Und/6 tJ? (Vhu/c7/~ 4Ve/1ur?S.
A Public Forum was held on March 30th at Papa Dave's to outline the Certified
Farmers' Market plan for all businesses between Davidson and E Street. The result
was an overwhelming vote of support and a pledge of cooperation.
~S/;2~.
The Certified Farmers' Market will be supervised by an experienced Market
Manager who. in this case. happens to be a grower. It is the Market Manager's
responsibility to recruit a wide variety of growers. The Market Manager will draft
the market rules and regulations and monitor growers to make Sure they are in
compliance. The Market Manager assists in the street closure. checks in the
growers. assigns spaces. monitors sales and collects 6% of gross sales from the
growers at the close of the market.
In conjunction with the Market Manager, the Chula Vista Downtown Business
Association intends to maintain a high proille at the weekly market. Various
promotions and activities will be planned in conjunction with the market.
Downtown restaurants are being contacted to provide monthly cooking
demonstrations using fresh market produce. Downtown bakeries and florist will
be invited to participate at the market and we only ask that they pay the same fee
as all the growers (6% of the gross sales).
The only commercial booths and displays allowed are those of DBA members not
located in the market area. Prior to Christmas, arts and crafts displays may be
allowed.
The DBA will establish a Market Committee to oversee the market and resolve
issues as they arise. The Market Committee will consist of the Market Manager.
the Town Manager, one DBA Board Member and one representative from both the
east and the west side of Third Avenue between Davidson and E Street. The
committee will monitor the market budget and assist in planning advertising and
market promotions.
The DBA requests the following:
1. The weekly closure of Third Avenue between Davidson and E Street on
Thursdays from 2:00 until 8:00 PM.
2. A waiver of the sidewalk sales ordinances and business license requirement
for the Certified Farmers' Market and participating growers and vendors. .
3. Provide assistance in routing traffic for the first month at no charge to the
DBA.
4. Approve a decal to be posted on appropriate parking meters indicating
"No Parking - Farmers' Market Every Thursday from 2:00 - 8:00 PM". The
DBA will incur the expense of the decals and assume responsibility for
installation.
~ ~/2J
DOWNTOWN
CHULA VISTA
CERTIFIED FARMERS' MARKET FORUM
Wednesday, March 30, 1994
Papa Dave's
6;30 p.m.
Please try to attend, your input and support is very
important to this project! R.S.V.P. 422-1982
If you are unable to attend, please call the DBA office
at 422-1982 and we will ~chedule a specific time to
meet with you.
If we do not hear from you we will assume that we
have your complete support! jJ~.. EX. B
%'/] / H I B I I
The Downtown Business Association proposes to establish a year round Certified Fanners' Market
everY Thursday (rain or shine) beginning on June 2nd. The market will begin set up at 2:30 PM
'and the bell will sound at 3:30 PM (no sales may be made until the Market Manager sounds the
opening bell). The market will close at 7:00 PM and the street will reopen no later than 8;00 PM.
Five Downtown locations were considered for the market location. Considerations included _
vJslbility, surface, shade/windbreaks, bathroom avallability with hot & cold nttlnlng water and
parking. Our main goal was to get the shoppers onto Third Avenue, therefore, utilizing a parking
lot was not a serious consideration.
The chaIIenge was to determine the location that would provide the greatest benefit to Third Avenue
businesses With the least amount of impact on traffic flow. That area was determined to be the north
bound lane between Davidson and E Street. ThIs location provides excellent visibility from E Street
and would attract cross town traffic into the Downtown core. There is adequate parking in the lots
behind the businesses and there are several mid-block walk ways.
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Growers would park parallel
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South bound traffic on Third
Avenue will remain open.
Chula Vista TransIt, San Diego TransIt and through traffic would be diverted at F Street Third
Avenue will remain open to traffic until Davidson where all north bound traffic will tum and either
park and shop or continue to Second Avenue.
A Public Forum was held on March 30th at Papa Dave's to outline the Certified Farmers' Market
plan for all businesses between Davidson and E Street The result was an overwhelming vote of
support
The Certified Fanners' Market will be supervJsed by an experienced Market Manager who, in this
case, happens to be a grower. It is the Market Manager's responsibility to recruit a Wide variety of
growers. The Market Manager will draft the market rules and regulations and monitor growers to
make sure they are in complIance. The Market Manager assIsts in the street closure, checks In the
growers, assIgns spaces, monItors sales and collects 6% of gross sales from the growers at the close
of the market
.J!.~ ~- JJ
4
(EXCER~T FROM April issue of Downtown newsletter)
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negative declaration
ATTACHMENT 4
PROJECT NAME: Certified Farmers Market
PROJECT LOCATION: Third Avenue Right-of-Way between Davidson and E Street
ASSESSOR'S PARCEL NO.: N/A
PROJECf APPLICANT: Chula Vista Downtown Business Association (DBA)
CASE NO: IS-94-26
DATE: June 29, 1994
A. Proiect Settin2
The project site is within the Third A venue right-of-way between Davidson and E Street.
There would be no permanent modifications to the right-of-way. The project site is quite
flat, there are no biological resources present nor are there any geologic hazards in the
project vicinity. The project site is bound to the east and west by the retail business and
other services that front on Third A venue. .
B. Proiect Descriotion
The Downtown Business Association proposes to establish a year round Certified Farmers'
Market every Thursday. The market will begin set up at 2:00 p.m. and the bell will sound
at 3:30 p.m. (no sales may be made until the Market Manager sounds the opening bell). The
market will close at 7:00 p.m. and the street will reopen no later than 8:00 p.m.
Five downtown locations were considered for the market location. Considerations included -
visibility, surface, shade/windbreaks, bathroom availability with hot and cold running water.
Our main goal was to get the shoppers onto Third A venue, therefore, utilizing a parking lot
was not a serious consideration. .
The challenge was to determine the location that would provide the greatest benefit to Third
A venue businesses with the least amount of impact on traffic flow. It was determined that
a full street closure of Third A venue between Davidson and E Street would be the safest for
pedestrians and shoppers. This location provides excellent visibility from E Street and would
attract cross town traffic into the downtown core. There is adequate parking in the lots
behind the businesses and there are several mid-block walkways.
Chula Vista Transit, San Diego Transit and northbound through traffic will be diverted at F
Street. Third Avenue will remain open to traffic until Davidson where all northbound traffic
will turn and either park and shop or continue to Fourth A venue or Second A venue.
The Certified Farmers' Market will be supervised by an experienced Market Manager who,
in this case, happens to be a grower. It is the Market Manager's responsibility to recruit a
wide variety of growers. The Market Manager assists in the street closure, checks in the
growers, assigns spaces, monitors sales and collects 6% of gross sales from the grower~~f.t..
the close of the market. II ~ <::'y'/ '7 Y . ::-...lL::
~~_ 0 . ~( ,~~~
city of ehula vllta planning dapartment 01Y OF
envlronmenta. review .eetlon. CHUlA VISTA
The DBA will establish a Market Committee to oversee the market and resolve issues as they
arise. The Market Committee will consist of the Market Manager, the Town Manager, one
DBA Board Member and one representative from both the east and the west side of Third
Avenue between Davidson and E Street. The committee will monitor the market budget and
assist in planning advertising and market promotions.
The DBA requests the following:
1. The weekly closure of Third Avenue between Davidson and E Street on Thursdays
from 2:00 until 8:00 p.m.
2. A waiver of the sidewalk sales ordinances and business license requirement for the
Certified Farmers' Market and participating growers and vendors.
3. Provide assistance in routing traffic for the first month at no charge to the DBA>
4. Approve a decal to be posted on appropriate parking meters indicating "No Parking -
Farmers' Market Every Thursday from 2:00 - 8:00 p.m.". The DBA will incur the
expense of the decals and assume responsibility for installation.
A certified farmers' market is a location approved by the county agricultural commissioner,
where certified farmers offer for sale only those items they grow themselves. Before a
certified producer certificate is issued, the applicant is agricultural commissioner visually
inspects the applicant's field to verify that the applicant is actually the producer of the crops
listed on the certificate. Only the immediate family and salaried employees of a certified
producer may act for and sell the products of that producer. Items include fresh and dried
fruits and herbs, vegetables, nuts, honey, eggs, houseplants, and cut flowers. Also approved
for sale are jerky, fresh fish, olives and baked goods.
C. Comoatibilitv with Zonin!! and Plans
The project will require the approval of the use of the Third Avenue right-of-way which is
part of the Circulation Element of the Chula Vista General Plan. Because of the limited
once-a-week use of the right-of-way, the project is in substantial compliance with the General
Plan Circulation Element. The property is Zoned C-B and the uses would, therefore, comply
with the zoning of the site. The right-of-way is part of the Circulation Plan for the Town
Centre Redevelopment Plan and because of minimal use of the site (6 hours, once a week)
the project complies with the redevelopment project.
D. Identification of Environmental Effects
An initial study conducted by the City of Chula Vista (including the attached Environmental
Checklist Form) determined that the proposed project will not have a significant
environmental effect, and the preparation of an Environmental Impact Report will not be
required. This Negative Declaration has been prepared in accordance with Section 15070
of the State CEQA Guidelines.
The following impacts have been determined to be less than significant. A discussion of each
of these less than significant impacts from the proposed project follows.
WPC F:\II0MElPu.NNlNG\2048.94
~ g-ytJ
Page 2
Traffic
During the month of June 1994, the Farmers Market was conducted on a trial basis. During
this time, traffic counts were taken, turning movement counts made and observations made
by Traffic Engineering staff and Environmental Planning staff. It was concluded that during
the operations of the Farmers Market when Third Avenue is closed between Davidson and
E Street, the level-of-service on primary access roads would not change and would not
exceed level-of-service "C", the design A't)Tvolume. There are some delays for vehicles
northbound on Landis Avenue and Church Avenue that are making left-hand turns onto E
Street. However, E Street at Third Avenue and Fourth Avenue are signalized which breaks
the traffic flow into platoons with the red light traffic signal phase creating gaps in the traffic
flow permitting some left-hand turn movements. This combined with the limited once-a-week
operation of the market creates an observable, but less than significant impact.
There is a need to maintain emergency services on Third A venue and to the storefronts along
Third Avenue. This is accomplished by maintaining the center section of Third Avenue clear
and open and providing breaks between booths, displays or vehicles from Third Avenue to
the storefronts. Access is also provided from the alleys that parallel Third Avenue.
Noise
The project site is in an urbanized area with existing commercial land uses. There is,
therefore a commensurate urban noise level in the project area. Traffic noise levels in the
project site are projected to be 70 CNEL within the Third A venue right-of-way and 65 CNEL
at the storefronts along Third Avenue. With the closure of Third Avenue, this traffic noise
component of the ambient noise level would be largely eliminated and would be replaced by
noise associated with the farmers market. This market noise level has been observed to be
lower than the traffic noise which is otherwise present. Neither is an intrusive noise level
given the land use.
The second element of the change in noise level is due to the shift in traffic from Third
A venue to other streets providing circulation in the project area. E Street and F Street are
east-west streets that have primarily retail commercial zoning with some office-commercial
zoning. There are primarily retail commercial uses and some areas of public uses along
these streets. Church A venue and Landis A venue are north-south streets that parallel Third
A venue. These streets have office-commercial zoning with primarily office and public
parking land use. The shift traffic to these commercial east-west and north-south streets
would not create any acoustical incompatibilities.
E. Mitil!ation necessarY to avoid sil!nificant effects
The proposed project will not result any significant or potentially significant environmental
impacts, therefore, no project specific mitigation is be required.
~ ~~1J /
WPC P,IHOMElPlMlNING\2048.94
Page 3
F. Consultation
1. Individuals and On!anizations
City of Chula Vista: Roger Daoust, Engineering
Cliff Swanson, Engineering
Hal Rosenberg, Engineering
Frank Rivera, Engineering
Bob Sennett, Planning
Ken Larsen, Director of Building & Housing
Carol Gove, Fire Marshal
Crime Prevention, MaryJane Diosdada
Marty Schmidt, Parks & Recreation Dept.
Rich Rudolf, Assistant City Attorney
Chula Vista City School District: Kate Shurson
Sweetwater Union High School District: Tom Silva
Applicant's Agent: Jim Fergus, 385 Third Ave., CV 91910
2. Documents
Chula Vista General Plan (1989) and EIR (1989)
Title 19, Chula Vista Municipal Code
Town Centre Redevelopment Plan
Master EIR Town Centre Redevelopment Plan
3. Initial Study
This environmental determination is based on the attached Initial Study, any
comments received on the Initial Study and any comments received during the public
review period for this Negative Declaration. The report reflects the independent
judgement of the City of Chula Vista. Further information regarding the
environmental review of this project is available from the Chula Vista Planning
Department, 276 Fourth Avenue, Chula Vista, CA 91910.
~
ENVIRO~ENT AL REVIEW COORDINATOR
EN 6 (Rev. 5/93)
~ ~-Lj.2
Page 4
v.'PC' F:\HOME\PlANNlNG\2048.94
INITIAL STUDY
:J?!ll'Office Use 00Jy
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Receipt No. I:.
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Related Case No. ~
APPLlCA nON CANNOT Bb ACCEPTED UNLESS SITE
PLAN IS FOLDED TO FIT INTO AN 8-1/2 X 11 FOLDER
BACKGROUND
1. Project Title 't"yL \." ~ \(>,1""0"-' 0\.,.,,,----'c
2. Project Location (Street address or description)
A.
City of Chula Vista
Application Fonn
\~V,j~ C'.401.a"'\-....c> 'o~'-L.JVH..,..... ~Q~, c-\.............r-... ... C ~\"r.,\-
Assessors Book, Page & Parcel No. V~'n\.~ Q t~\ .::::>\ ~2l" ~
3. Brief Project Description '-..o...)a~{~\~ ~~'lJ'..~ C'\.._,...)(,.
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4. Name of Applicant C" C)., .\t '- '\'. ~'-.... --:\)~ri~"",--,I""\~. 1......1............ ") ~......'-...c.,.c, <.. \.... ....-'
Address~,-).G"" 2,,~\ -"l.-<.:>\'r\,J-~ Fax# -\1..7 \4S<.Phone ""<-l \"W~
City ~~...D<. ,-, '" \.., State C' c.. Zip c:, \ "\ \ 7-
5. Name of Preparer/Agent 3."..., ~~'-' "
Address _~'gs '''''./20 ~'-"'<"-<L Fax# -.I,.;lD-.o~S Phone >-\,:)0- ,\0-\~
City Q..Q..Q, 0:-\~ State c::.'U Zip "'\\'\\0
Relation to Applicant ~j,< ,--\~,,\.
6. Indicate all pennits or approvals and enclosures or documents required by the Environmental
Review Coordinator. IV /A .
a. Pennits or approvals required.
General Plan Amendment
_ RezonelPrezone
_ Grading Permit
_ Tentative Parcel Map
Site Plan & Arch. Review
_ Special Use Permit
_ Design Review Application
_ Tentative Subd. Map
_ Redevelopment Agency OPA
_ Redevelopment Agency DDA
_ Public Project
Annexation
_ Specific Plan
Conditional Use Pennit
Variance
_ Coastal Development
Other Permit
If project is a General Plan Amendment and/or !erone, please indicate the change in designation from
to
b.
Enclosures or documents (as required by the Environmental Review Coordinator).
_ Arch. Elevations _ Hydrological Study
_ Landscape Plans _ Biological Study
_ Tentative Subd. Map _ Archaeological Study
_ Improvement Plans _ Noise Assessment
_ Soils Report _ Other Agency Pennit
_ Geotechnical Report Other
~y-L/J
_ Grading Plan
_ Parcel Map
Precise Plan
= Specific Plan
_ Traffic Impact Repon
Hazardous Waste Assessment
__..._.._._.........H'................~~._. . '""'~.., u._~, tD4 Ift"t'\ 01\
'-..1
E. CERTIFICA nON
I. as owner/owner in escrow *
Print name
or
I'","","~~"
~j~~ ~
Print name
HEREBY AFFIRM, that to the best of my belief. the statements and information herein contained are in all
respects true and correct and that all known information concerning the project and its setting has been
included in this application for an Initial Study of possible environmental impact and any enclosures for
attachments thereto.
Owner/Owner in Escrow Signature
~~
Consultant or A
5/<90/0.04-
Date
*If acting for a corporation, include capacity and company name.
~~/ ~/_~!J
WPC:F,'HlMEII'LANNING\STOREI>J02I.....93 (Rd. 102ll.93) (Ref. 1022.93)
Page 7
.
.
.
Case No. 15.q,,-~,
APPENDIX III
CITY VA TA SHEET
PLANNING DEPARTMENT
L Current Zoninll: on site: C - E
North L~ R
i;: ~ ~ ~
D.
Does the project conform to the current zoning?
general Plan land use designation on site: ~~. S~.T fiJ.~JJ-1-"'~
North ~A.J.') _ ~ / ~
South '" ./
East ) I I,
West 'I II
Is the project compatible with the General Plan Land Use Diagram? ~
Is the project area designated for conservation or open space or adjacent to an area so designated?
/f'\tr/
Is the project located adjacent to any scenic routes? ~
(If yes, describe the design techniques being used to protect or enhance the scenic qualitY of the
route). .
m. Schools ~ /hI-t.-
If the proposed project is residential, please complete the following:
School
CIDacitv
Eniollment
Units
Prooosed
GeDenting
Facta'S
SlIIdents
Generaled
From Proiect
Elementary
Junior High
Senior Hi&b
IV. Remarks:
.30
.29
.10
.
~
>5~S7
{, h-'1/q'-j
Date' /
WIII:.~~D'".I'\""_ .lmlmuW. t02D.I3)
Paae 1
I
I
,
Y!;-91e.
Case No. r~ -Q'l-:2l-.
INTERDEPARTMENTAL COMMENT SHEETS
ENGINEERING DIVISION
1 Drainal!e
A. Is the project site within a flood plain? tJ t> .
If s~. state which FEMA Floodway Frequency Boundary. ~ .
B. What is the location and desaiption of existing on-lite draina&e facilities? ~"1I!!:.Af~
~w ~JT'J.IW~~ A' ~"_ ...,.,..".t..J:) AII___....rt...1E: TZ> IAlb&t -'Ie.. WUETWS.
s.~~.-!!..^""'" t::IFTUre. I~--""".,.j DFTV/~ A-YElJUE AAlb
AIllney Ideq~ive the project? y~.
If not, please explain briefly. N A
.
c.
D.
What is the location and description of existing off-site drainage facilities? J g "A .G.P.
IN -rt.h~T) A-VEAl(1~ klutl!:..U ~, ~l""""~.n
E. Are they adequate to serve the project? YE~.
If not, please explain briefly. 1:J.,/A; .
TranSDortation TlIe. C rrY ~~ &.fffIt.A V,,,,,,, 7'1tAFf::/t:.. DI(;'~//J& PIVrSIM.J. 'oS
C,,"~,",'r't-Jf 'P~IIJ&. ~Ft:tG Mt:N~N4 FQf. '11f/~ ~~
What roads provide primary access to the project? WU_&... I $S~ A """'fJ:l c:.
714 IU AilE' E ST~E T ,p ,S7-,:EEi i FO~"'H AilE 1/::!i t;-.. "Tlf5
What is the estimated number of one-way auto trips 10 be pnerated by the project (per 'd:J'i;l-:- ~
;1000 7"~'Ps po,," <b HOell<. PE~Iob of e..,..~-
,;1:00 p.M. TO fl:oo P.M. ON mV1!SDAYS ON'-Y. 1M:>.
What are the Average Daily TraffIC (A.D.T.) volumes onb,primary eccess roads before and
afterprojectcompletion'1 /8~0 /83$'"'0
S1RIet Name FOI.I~"'fI A VE Before Ak
E .srRe.ET I"-/~O /7800
F .5T/LEE..,.. I:J.O,;zO 1;!37~
. 7",.,,~D AilE. /8'1"-0 If 000
Do any of these voJumea exceed the City's Leve1..of-SeMce (1..0.5.) "C" cIesian ADT
volume? If yes, please specify. NO
n.
,I B.
q"l
~Jf
A.
c.
~ y,S-J-
"'2
__ -.--- ...---.........tCl21.IS_~._mn"Ju I~)
Y5-9?B
CaseNo.~b
Jf the A.D.T. or L.O.S. "e" design volume is unknown or not II'plicable, explain briefly.
ilIA
. D. Are the primary access roads adequate to serve the project? Y ~ .5
Jf not, please explain briefly. . N/A
E. Would the project create unacceptable Levels of Service (LOS) It inteneetions adjacent to
or ~ the vicinity of the project site? tV 0
Jf so, identify: Location ,." It
Cumulative L.O.S. foJlA
F. Is the proposed project a "large project" under the Congestion Management Program? (An
equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle
trips). 'Jf yes. a Traffic Impact Analysis (TlA) will be required. In this case the TlA wiI1
have to demonstrate diat the project will not create an unmitigatable adverse impact, or that
all related traffic impacts are not mitigated to a level of non-significance.
Yes )l No
The following questions apply if a Traffic Impact Analysis is not required.
G. Is traffic mitigation required to reduce traffic ,impacts that wiI1lauh from implementation of
the proposed project? ' )( Yes No
If yes, please describe. -rIZ-AfF' c:... c..oIVTf2.0L--
t>E'TOv~ rz.oV~ Feol1 STlZ-EcT
C./'o5v~~ A~A
H. Is the project ~~istent with the criteria established in the City'. TransponItion Phasing Plan.
General Plan Traffic Element, and all other pe.ninent 1rIffic ItIId;,.,~'1 PJcase rdm:oce any
other traffic impact stUdies for roadway segments that may be impacted by the ~
project. YE 5. t;E.f,}fU~.,A..L Pl.AIJ TMFFIc... E.LE.~~!J;
L
J.
Is . traffIC stUdy required?
Is there lilY dedication required?
If 10, please specify. ~ I A
x
No
fi~~ X~S3
....e 3
~~0Z2."~,IIQI"')(IoI.I02lI.,,)
Ys -9lB
Case No. I$-qL/-~f:>
I
. K.
Is there any street widening required?
If 10, please specify. to) I A
N/A
L. Ne there any other street improvements required? NO
If 10, please lpecify the general nature of the necessary improvel'lel1ts.
t-J/A
NO
M. Will the project and related public improvements provide IltisfactOI)' UlffIC lltIVice for
existing conditions and future buildout General Plan conditions? (please provide a brief
explanation). 1011 A .
m. ~oi1s
A. lose there any anticipated adverse geotechnical conditions on the project site? No .
B. If yes, specify these conditions. ~/A.
C. Is a Soils Report necessary? Ah.
IV. Land Fonn
A. What is the averag~ slope of the site? 2. %
B, What is the maximu~lope of the site? 2.~
V. ~
lose there any traffic-related noise levels impacting the site that are signifICant enough to justify that
a noise analysis be required of the applicant? ~ f). '
Vl Waste Generation
How much solid and liquid (sewer) waste will be generated by the proposed project per day']
Solid llJt::J,,:z:/~'I&JJ"- IAlr:~~~""/~1oJ ~-v~~
Liquid liJSrJt::'&It:.IEAl-r 1~Fr.,tbA4~~ ~t//7'tI!'D.
What is the IocJtiQl\ and size of existing sewer lines llII or doWDSUUm from die lite?
-B" nlA-N~ co.,....'rb I JAlr:[ IAi .,-u/J/!r) 4uWA".. '^I.U I~ I:=lJ"tlA/~ ~(.n-IJw""~.
Ale they adequate to serve the proposed project7 (If no, please explain) Y€<.. At 'I'"JiI' ".ell
A~r-r,~/~r_ ..,..........IAIA-.,.~ ;e:,.,.I...,...,1!A! ,..........'IIIm- wu:'" ,...~ ......D~'AI~ .......'TT~I-.
=;;::,.~~~ ...._6 ~,~ ""~ ~~t:-.:
....~ft!.\._ avwnu"a.rr'tW1:ft.um 4n~~. .UI2.u:n (11(. 1~.P3) .. ..
Case No. 15.91/-2(,
FIRE DEPARTMENT
A.
What is the distance to the nearest fire s/on1 An~ what is the File Department's estimated
reaction time? ..!1 &4 . ~,~ .
B.
Will the rue Dep~ment be able to provide an Idequate level of fire protection for the
proposed facility without an increase in equipment or personnel? y..c 5
c.
Remarks /kC-ES S --,4
--
/ IV C../'1S 1 0 /- /Jr-'
/l/I--&-4 H uS 7'
Z-r-? ~~ 'j...,..x-Y.
6[
H';;;,vk/~[/.J
a~.~
Ffre Marshal
(,-1-7+
Date
..
..
/'
~ g-:53
WI'C:F,~ou,,~. Iml",,) (W.1l1lD.")
.... 6
Case No. /5 -&Jcf--2(,
LANDSCAPE PLANNING
A.
Does the project affect native plant communities?
If so. please identify which communities.
//
What landscaping conditions (if any) ill be required for these hillsides?
des on or adjacent to the project.
Will the project require native planting? (Please describe)
B.
Please identif
C. Of the total area be developed. how much. and which areas are expected to be replanted
and require s plemental watering? (Please describe).
E. Are there any other landscape requirements or mitigation for the project?
~~
---- y L:-------
~
~~/j?4
Date
City Landscape Architect or Representative
firif/p- <;) ~ ~
wpc",,~GlSTORED\J022.93 (JUf. 1021.93) (JUf. IOl1l.93)
Page 8
CHULA VISTA POLICE DEPARTMENT
CRIME PREVENTION UNIT
PLAN REVIEW RECOMMENDATIONS
DATE:
June 7, 1994
FROM:
Doug Reid, Environmental/Planning ~
Acting Captain Partch, Investigative Division~
M. J. Diosdado'?]:~
Crime Prevention Unit
15-94-26 Farmer's Narket E St to Davidson on Third Av
,.., "
l,' r
'1..-- __:"
TO:
VIA:
JUN_ C In
, v ;;;81
/',' /! "',
--I-,il,\,
PROJECT:
The Crime Prevention Unit does not have any comments regarding this project at this time.
Information on the project, or within the plans, does not provide enough detail to permit
crime prevention analysis.
Please forward the following information to the Crime Prevention Unit when available.
Elevations
Floor Plans
Landscape and Lighting Plans
Site Development Plans
Comments:
I recommend regular signage to be piaced at Third Av & E St and at
Davidson St & Third Av locations to advise and warn the traffic of the regular
closure of Third Avon every Thursday, rain or shine. A banner could be used in
the interim or regularly at Third Av & F St, again it is a constant reminder of
this road closure.
Thank you for the opportunity to have input into the planning process. If you
have any questions, please feel free to contact me any time.
cc: BrookC!ver, SCA
~ Y-S)
CPTED RoutinJ Form
PDlcpu <W93
Case No. 1S-94-26
ENVIRONMENTAL CHECKLIST FORM
1. Name of Proponent: Chula Vista Downtown Business Association
2.
Lead Agency Name and Address:
City of Chula Vista
276 Fourth A venue
Chula Vista, CA 91910
3.
Address and Phone Number of Proponent:
P.O. Box 381, Chula Vista, CA 91912
4. Name of Proposal: Downtown Chula Vista Certified Farmers Market
5. Date of Checklist: June 27, 1994
k.ff ?~~/I
Page 1
WPC F:\HOME\PLANNIN0\2041.94
P".illII1
.......... -- '-to..
-- v.... -- No
I..... MIl..... I..... I.....
I. LAND USE AND PLANNING. Would the
proposal:
a) Conflict with general plan designation or 0 0 0 ~
zoning?
b) Contlict with applicable environmental plans or 0 0 0 ~
. policies adopted by agencies with jurisdiction
over the project?
c) Affect agricultural resources or operations (e.g.,
impacts to soils or farmlands, or impacts from
incompatible land uses)?
d) Disrupt or divide the physical arrangement of an
established community (including a low-income
or minority community)?
Comments: The project, because of its limited impact on the Chula Vista General Plan Circulation
Element (i.e., 6 hours a day, once a week), will be in substantial compliance with the Chula Vista
General Plan and the Town Centre Redevelopment plan. Because the project site is within a public
right-of-way there are no agricultural resources present and there are no land use related environmental
plans or policies that would relate to this type of use in a public right-of-way. (Ref: City of Chula
Vista General Plan, City of Chula Vista General Plan Update EIR, May 31, 1989, Town Centre
Redevelopment Plan, Town Centre Redevelopment Plan, Master EIR, Chula Vista Municipal Code, site
visits June 1994 - D. Reid)
b) Induce substantial growth in an area either
directly or indirectly (e.g., through projects in
an undeveloped area or extension of major
infrastructure)?
c) Displace existing housing, especially affordable
housing?
Comments: The project is not residential in nature and will not increase any population projection
individually or cumulatively. The project site and area is urbanized and no extension or expansion of
any right-of-way is proposed. There is no housing present that would be displaced by the project.
(Ref: Project Description Initial Study Application IS-99-26, Chula Vista General Plan & Site Visits
June 1994)
II. POPULATION AND HOUSING. Would the
proposal:
a) Cumulatively exceed official regional or local
population projections?
o
o
o
~
o
o
~
o
o
o
~
o
o
o
~
o
o
o
~
o
m. GEOPHYSICAL. Would the proposal result in or
expose people to potential impacts involving:
a) Unstable earth conditions or changes in geologic 0 0 0 ~
substructures?
b) Disruptions, displacements, compaction or 0 0 0 ~
overcovering of the soil?
,,4 ~v ;? ---~ 0
WPC P:\HOME\PIANNIN0\2047.94
Page 2
.....111
P........, -- '- ....
-- u.... -- No
...... .......... ...... 1.....
C) Change in topography or ground surface relief 0 0 0 181
features?
d) The destruction, covering or modification of any 0 0 0 181
unique geologic or physical features?
e) Any increase in wind or water erosion of soils, 0 0 0 181
either on or off the site?
f) Changes in deposition or erosion of beach sands, 0 0 0 181
or changes in siltation, deposition or erosion
which may modify the channel of a river or
stream or the bed of the ocean or any hay inlet
or lake?
g) Exposure of people or property to geologic 0 0 0 181
hazards such as earthquakes, landslides, mud
slides, ground failure, or similar hazards?
Comments: The proposed project would not alter the project site nor are there any geophysical
conditions on or near the project site which could expose the project site to geologic hazards. (Ref:
City of Chula Vista General Plan update EIR May 31, 1989, Town Centre Redevelopment Plan Master
EIR)
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns, 0 0 0 181
or the rate and amount of surface runoff?
b) Exposure of people or property to water related 0 0 0 181
hazards such as flooding or tidal waves?
c) Discharge into surface waters or other alteration 0 0 0 181
of surface water quality (e.g., temperature,
dissolved oxygen or turbidity)?
d) Changes in the amount of surface water in any 0 0 0 181
water body?
e) Changes in currents, or the course of direction 0 0 0 181
of water movements, in either marine or fresh
waters?
f) Change in the quantity of ground waters, either 0 0 0 181
through direct additions or withdrawals, or
through interception of an aquifer by cuts or
excavations?
g) Altered direction or rate of flow of 0 0 0 181
groundwater?
h) Impacts to groundwater quality? 0 0 0 181
i) Alterations to the course or flow of flood 0 0 0 181
waters?
~~ y -'j, /
WPC F:\HOME\PLANNINO\2047.94 Page 3
j) Substantial reduction in the amount of water
otherwise available for public water supplies?
Comments: The project site is urbanized and the project will not result in changes in absorption rate,
drainage patterns or the rate or amount of surface runoff. The project would use the existing urban
i"frastructure incIuding storm drain system. There will be no change in surface conditions such as
landscaping or paving and therefore, no change in ground water conditions. There will be no increase
in impervious surfaces and therefore no significant change in surface runoff. (Ref: Lawrence, Fogg,
Florer & Smith Drainage Study, City of Chula Vista 1965, Town Centre Redevelopment Plan Master
EIR, Site Visit June 1994 - D. Reid)
r..iaIIJ
.........., -- '-,--
-- u.... -- No
I..... MIl..... I..... I.....
0 0 0 181
V. AIR QUALITY. Would rhe proposal:
a) Violate any air quality standard or contribute to
an existing or projected air quality violation?
b) Expose sensitive receptors to pollutants?
o
o
o
181
o
o
o
181
c) Alter air movement, moisture, or temperature,
or cause any change in climate, either locally or
regionally?
d) Create objectionable odors?
o
o
o
181
o
o
o
181
e) Create a substantial increase in stationary or
non-stationary sources of air emissions or the
deterioration of ambient air quality?
Comments: The project generates about 2000 automobile trips during the 6-hour period of Thursday
street cIosure. This would not result in any regionally or locally significant air quality impacts and not
all of these trips would be "new." Some of these trips would be made to other farmers markets or
other facilities selling similar goods. (Ref: City of Chula Vista General Plan Update EIR May 31,
1989, Town Centre Redevelopment Plan Master EIR)
o
o
o
181
VI. TRANSPORTATION/CIRCULATION. Would
rhe proposal resuU in:
a) Increased vehicIe trips or traffic congestion? 0 0 181 0
b) Hazards to safety from design features (e.g., 0 0 0 181
sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
c) Inadequate emergency access or access to nearby 0 0 181 0
uses?
d) Insufficient parking capacity on-site or off-site? 0 0 0 181
e) Hazards or barriers for pedestrians or bicyclists? 0 0 0 181
t) Conflicts with adopted policies supporting 0 0 0 181
alternative transportation (e.g. bus turnouts,
bicycIe racks)? )~~/ ~~?~
WPC F:\HOME\PlJ.NNINO\2047.94 Page 4
g) Rail, waterborne or air traffic impacts?
r.........,
r........., .......... u. ....
.......... u.... --.... No
..- ......... ..- ..-
0 0 0 181
0 0 0 181
h) A "large project" under the Congestion
Management Program? (An equivalent of 2400
or more average daily vehicle trips or 200 or
more peak-hour vehicle trips.)
Comments: During the month of June 1994, the Farmers Market was conducted on a trial basis.
During this time, traffic counts were taken, turning movement counts made and observations made by
Traffic Engineering staff and Environmental Planning staff. It was concluded that during the operations
of the Farmers Market when Third A venue is closed between Davidson and E Street, the level-of-
service on primary access roads would not change and would not exceed level-of-service "C", the
design ADT volume. There are some delays for vehicles northbound on Landis A venue and Church
Avenue that are making left-hand turns onto E Street. However, E Street at Third Avenue and Fourth
A venue are signalized which breaks the traffic flow into platoons with the red light traffic signal phase
creating gaps in the traffic flow permitting some left-hand turn movements. This combined with the
limited once-a-week operation of the market creates an observable, but less than significant impact.
There is a need to maintain emergency services on Third A venue and to the storefronts along Third
A venue. This is accomplished by maintaining the center section of Third A venue clear and open and
providing breaks between booths, displays or vehicles from Third Avenue to the storefronts. Access is
also provided from the alleys that parallel Third Avenue. (Ref: IS-94-2C, Interdepartmental Comment
Sheets, Engineering Division, II Transportation & Fire Dept.; field observations June 1994 - H.
Rosenberg, F. Rivera, M. Donnelly, D. Reid)
VII. BIOLOGICAL RESOURCES. Would the proposal
result in impacts to:
a) Endangered, sensitive species, species of 0 0 0 181
concern or species that are candidates for
listing?
b) Locally designated species (e.g., heritage trees)? 0 0 0 181
c) Locally designated natural communities (e.g, oak 0 0 0 181
forest, coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian and vernal 0 0 0 181
pool)?
e) Wildlife dispersal or migration corridors? 0 0 0 181
f) Affect regional habitat preservation planning 0 0 0 181
efforts?
Comments: The project site is urbanized and there are no sensitive habitats, species, or corridors
present. there is ornamental landscaping present that will not be altered by the operation of the market.
~ ;y/j, 3
Page 5
WPC F:\HOME\PU.NNINO\2047.94
......1oI\r
......1oI\r .......... u".....
.......... u.... -- N.
1..- MIl..... 1.'- 1.'-
VIII. ENERGY AND MINERAL RESOURCES. Would
the proposal:
a) Conflict with adopted energy conservation plans? D D D 181
b) Use non-renewable resources in a wasteful and D D D 181
inefficient manner?
c) If the site is designated for mineral resource D D D 181
protection, will this project impact this
protection?
Comments: The project consists of an intermittent land use that is not regulated or governed by any
energy conservation plans. Only minimal resources would be consumed by the operation of the market.
The diversion of traffic could result in a very minor increase in trip lengths, but not to a significant
level. This could be offset by avoiding longer trips to similar facilities selling similar products (lS-94-
26 - Interdepartmental comment sheets, Engineering Division, II Transportation)
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of
hazardous substances (including, but not limited
to: petroleum products, pesticides, chemicals or
radiation)?
b) Possible interference with an emergency
response plan or emergency evacuation plan?
c) The creation of any health hazard or potential
health hazard?
d) Exposure of people to existing sources of
potential health hazards?
e) Increased fire hazard in areas with flammable
brush, grass, or trees?
D
D
D
181
D
D
D
181
D
D
D
181
D
D
D
181
D
D
D
181
Comments: The operation of this does not involve the use of any petroleum products, pesticides,
chemicals or radioactive material. As long as the proposed emergency access is maintained there would
be no conflict with emergency plans, no hazards created and there is no condition present that would
expose people to a hazard. This is an urban area. There are no flammable brush, grass or trees
present. (Ref: Application form for IS-94-26, Interdepartmental Comment Sheets, Fire Dept., field
observations June 1994 - D. Reid)
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels?
b) Exposure of people to severe noise levels?
D
D
D
181
D
D
D
181
~<g/j, i
WPC F:\HOME\~NIN0\2047.94
Page 6
.......~
..........
I....,.
PGtelltitDy
...........
u....
.........
.....,...
..........
.....,.
No
I....,.
Comments: The project site is in an urbanized area with existing commercial land uses. There is,
therefore a commensurate urban noise level in the project area. Traffic noise levels in the project site
are projected to be 70 CNEL within the Third A venue right-of-way and 65 CNEL at the storefronts
along Third Avenue> With the closure of Third A venue, this traffic noise component of the ambient
noise level would be largely eliminated and would be replaced by noise associated with the farmers
marlcet. This market noise level has been observed to be lower than the traffic noise which is otherwise
present. Neither is an intrusive noise level given the land use.
The second element of the change in noise level is due to the shift in traffic from Third A venue to other
streets providing circulation in the project area. E Street and F Street are east-west streets that have
primarily retail commercial zoning with some office-commercial zoning. There are primarily retail
commercial uses and some areas of public uses along these streets. Church Avenue and Landis Avenue
are north-south streets that parallel Third A venue. These streets have office-commercial zoning with
primarily office and public parking land use. The shift traffic to these commercial east-west and north-
south streets would not create any acoustical incompatibilities. (Ref: City of Chula Vista General Plan
Update EIR May 31, 1989; Interdepartmental Comment Sheets, Engineering Division, II Transportation
and V Noise IS-94-26)
XI. PUBLIC SERVICES. Would the proposal have an
effect upon, or result in a need for new or altered
government services in any of the following areas:
a) Fire protection? 0 0 0 181
b) Police protection? 0 0 0 181
c) Schools? 0 0 0 181
d) Maintenance of public facilities, including 0 0 0 181
roads?
e) Other governmental services? 0 0 0 181
Comments: The Fire and Police Departments have indicated they can provide an adequate level of
service with existing facilities and manpower. Schools will not be impacted by the proposed project
because it is a retail commercial use. The project will be adequately served by all other existing
infrastructure (Ref: IS-94-26 - All City data sheets; Town Centre Redevelopment Plan Master EIR)
XII.
Thresholds. Will the proposal adversely impact the
City's Threshald Standards?
o
o
o
181
As described below, the proposed project does not adversely impact any of the seen Threshold
Standards.
a) Fire/EMS
The Threshold Standards requires that fire and medical units must be able to respond to
calls within 7 minutes or less in 85 % of the cases and within 5 minutes or less in 75 % of
the cases. The City of Chula Vista has indicated that this threshold standard will be met,
since the nearest fire station is one-half a mile away and would be associated with a two
minute response time. The prol"'sed project will comply with this Threshold Standard.
~?/~J
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WPC F:\HOME\PLANNIN0\2047.94
...........
--
1-....
............
--
u....
........
........
--
......
N.
1-....
Comments: As long as the project maintains emergency access to Fire Department will provide an
adequate level of service. (Ref: IS-94-26, City Data Sheets, Fire Dept.)
b) Police
The Threshold Standards require that police units must respond to 84 % of Priority 1 calls
within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5
minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes
or less and maintain an average response time to all Priority 2 calls of 7 minutes or less.
The proposed project will comply with this Threshold Standard.
Comments: (Ref: City Data Sheets, Chula Vista Police Dept. Crime Prevention Unit, Plan Review
Recommendations, dated June 7, 1994)
c) Traffic
The Threshold Standards require that all intersections must operate at a Level of Service
(LOS) "C" or better, with the exception that Level of Service (LOS) "0" may occur during
the peak two hours of the day at signalized intersections. Intersections west of 1-805 are
not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or
"F" during the average weekday peak hour. Intersections of arterials with freeway ramps
are exempted from this Standard. The proposed project will comply with this Threshold
Standard.
Comments: To mitigate for the street closure, traffic control to direct traffic to the detour route which
will be provided and any significant impact will be avoided. (lS-94-26, Interdepartmental Comment
Sheet, Engineering Division, 11 Traffic)
d) ParkslRecreation
The Threshold Standard for Parks and Recreation is 3 acresll,OOO population. The
proposed project will comply with this Threshold Standard.
Comments: No park acreage will be approved for the project.
e) Drainage
The Threshold Standards require that storm water flows and volumes not exceed
City Engineering Standards. Individual projects will provide necessary
improvements consistent with the Drainage Master Plan(s) and City Engineering
Standards. The proposed project will comply with this Threshold Standard.
Comments: The project will utilize the existing drainage facilities that are adequate to serve the project
(lS-94-26, Interdepartmental comment sheets, Engineering Div. I Primary)
f) Sewer
The Threshold Standards require that sewage flows and volumes not exceed City
Engineering Standards. Individual projects will provide necessary improvements
consistent with Sewer Master Plan(s) and City Engineering Standards. The
proposed project will comply with this Thresldd Standard. 1J---KZ:
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Comments: The discharge of waste water will he into the existing sewer system will he at an off peak
time period and the system will be adequate (Ref: IS-94-26, Interdepartmental Comment Sheet,
Engineering Div. VI Waste Generation).
g) Water
The Threshold Standards require that adequate storage, treatment, and transmission
facilities are constructed concurrently with planned growth and that water quality standards
are not jeopardized during growth and construction. The proposed project will comply
with this Threshold Standard.
Applicants may also be required to participate in whatever water conservation or fee off-set
program the City of Chula Vista has in effect at the time of huilding permit issuance.
Comments: N/A
XIII. UTILITIES AND SERVICE SYSTEMS. Would
the proposal result in a need for new systems, or
substantial alterations to the following utilities:
a) Power or natural gas? 0 0 0 181
b) Communications systems? 0 0 0 181
c) Local or regional water treatment or distribution 0 0 0 181
facilities?
d) Sewer or septic tanks? 0 0 0 181
e) Storm water drainage? 0 0 0 181
f) Solid waste disposal? 0 0 0 181
Comments: The project is a once-a-week, 6-hour operation that will only have a trivial effect on the
provision of these utility and service systems.
XIV. AESTHETICS. Would the proposal:
a) Obstruct any scenic vista or view open to the
public or will the proposal result in the creation
of an aesthetically offensive site open to public
view?
b) Cause the destruction or modification of a scenic
route?
c) Have a demonstrable negative aesthetic effect?
d) Create added light or glare sources that could
increase the level of sky glow in an area or
cause this project to fail to comply with Section
19.66.100 of the Chula Vista Municipal Code,
Title 19?
o
o
181
o
0 0 0 181
0 0 0 181
0 0 0 181
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e) Reduce an additional amount nf spill light?
o
o
o
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Comments: The project site is in the urbanized downtown area of Chula Vista and there are no
opportunities for scenic vistas or view points nor would the project create an offensive site open to the
public. There are no scenic routes in the project area and the project adds no significant light or glare
source. (Ref: Chula Vista General Plan, Town Centre Redevelopment Plan and Master EIR)
xv. CULTURAL RESOURCES. Would the proposal:
a) Will the proposal result in the alteration of or 0 0 0 181
the destruction or a prehistoric or historic
archaeological site?
b) Will the proposal result in adverse physical or 0 0 0 181
aesthetic effects to a prehistoric or historic
building, structure or object?
c) Does the proposal have the potential to cause a 0 0 0 181
ph ysical change which would affect unique
ethnic cultural values?
d) Will the proposal restrict existing religious or 0 0 0 181
sacred uses within the potential impact area?
e) Is the area identified on the City's General Plan 0 0 0 181
EIR as an area of high potential for
archeological resources?
Comments: The project will not result in any physical cbange in the condition of the project site. This
is an urbanized area with no historical sites and the General Plan Update EIR shows that it has a low
potential for cultural resources. (Ref: General Plan Update EIR May 31, 1989, Chula Vista Register of
Historical sites)
XVI. PALEONTOLOGICAL RESOURCES. Will the
proposal result in the alteration of or the destruction
of paleontological resources?
Comments: The project site has a low potential for Paleontological Resources and the project will not
involve any subsurface development. (Ref: Chula Vista General Plan Update, May 31, 1994)
o
o
o
181
XVII. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or 0 0 0 181
regional parks or other recreational facilities?
b) Affect existing recreational opportunities? 0 0 0 181
c) Interfere with recreation parks & recreation 0 0 0 181
plans or programs?
Comments: Neither the project site nor the adjacent area contain park or recreational facilities or
opportunities that could be affected by the project. There are also no plans or programs for parks or
recreation that could be affected by the proposed project. (Chula Vista General Plan)
;f--5'f 6 ~ bY
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XVIII. MANDATORY FINDINGS OF SIGNIFICANCE:
See Negative Declaration for 1TIilndatory findings of
significance. If an EIR is needed, this section
should be completed.
a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a
plant or animal community, reduce the number
or restrict the range of a rare or endangered
plant or animal or eliminate important examples
of the major periods or California history or
prehistory?
Comments: The project site does not involve any significant fish, wildlife, or plants or their habitats
that could be affected by the project. This is an urbanized area of Chula Vista that does not involve
any historic or prehistoric sites. (General Plan Update EIR May 31, 1989; Chula Vista Register of
Historic Sites)
o
o
o
181
b) Does the project have the potential to achieve
short-term, to the disadvantage of long-term,
environmental goals?
Comments: The project is an attempt to enhance the long term viability of the downtown area. The
Certified Farmers Market is an effort to re-establish the traditional link between farmers and
consumers. They are being used statewide to reverse the trend of shopping the suburbs and bring
people back downtown.
o
o
o
181
c) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection with
the effects of past projects, the effects of other
current projects, and the effects of probable
future projects.)
Comments: There are no known probable future projects that could result in a cumulatively significant
environmental impact. The test and observation period of operations demonstrated that the proposed
project with past and current projects would not result in a significant impact.
o
o
o
181
d) Does the project have environmental effect
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Comments: There are no air quality, water quality, hazardous materials, geologic or other adverse
conditions on the project site or resulting from the operation of the farmers market that could adversely
effect human beings directly or indirectly.
o
o
o
181
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Page 11
ENVIRONMENTAL FACI'ORS POTENTIALLY AFFECI'ED:
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a .Potentially Significant Impact" or .Potentially Significant Unless Mitigated," as indicated by
the checklist on the following pages.
D Land Use and Planning
D Population and Housing
D Geophysical
D Water
D Air Quality
DETERMINATION:
D Transportation/Circulation
D Biological Resources
D Energy and Mineral Resources
D Hazards
D Noise
D Mandatory Findings of Significance
D Puhlic Services
D Utilities and Service Systems
D Aesthetics
D Cultural Resources
D Recreation
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
~
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because the mitigation measures described
on an attached sheet have been added to the project. A MITIGATED NEGATIVE
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
o
o
I find that the proposed project MAY have a significant effect(s) on the environment, but at
least one effect: I) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on the
earlier analysis as described on attached sheets, if the effect is a "potentially significant
impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain to be addressed.
Sif1~ fl2v/
~vcvu '0. tN,/TJD
Environmental Review Coordinator
City of Chula Vista
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Page 12
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Case No. 15-94'2~
APPENDIX IV
Comments
Received During the Public Review Period
_ No Comments Were Received During the Public Review Period
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DRAFT
MINUTES
SPECIAL MEETING
TOWN CENTRE PROJECT AREA COMMITTEE
CITY OF CHULA VISTA
July 28, 1994
8:58 a.m.
Council Conference Room
City Hall
Meeting was opened at 9:20 a.m. when quorum was reached.
1. Roll Call
Members Present:
Members Absent:
Chairman Blakely, Members Killian, Altbaum, and Winters.
Members Mason.
Member Killian indicated she will not be able to attend the meeting of Angust 4, 1994 because she will be out of
town on business. She requested to be excused from the meeting.
Staff Present:
Principal Community Development Specialist Pam Buchan and Community Development
Specialist Miguel Z. Tapia.
Also Present:
Downtown Business Association President Jim Fergus.
2. Approval of Minutes of June 16, 1994.
MSC (Altbaum/Killian) (4-0-1-0 Mason absent) to approve the minutes of June 16, 1994 as mailed.
REDEVELOPMENT BUSINESS
3. Farmers' Market.
Principal Community Development Specialist Buchan spoke on this item and indicated that the item is being
presented to the committee for recommendation to the Redevelopment Agency.
Member Winters inquired as to the rationale for staffs recommendation to waive the business license. Staff
responded that it was to provide an incentive for the vendors to participate in the market. The anticipated income
from the business license fee is estimated to be less than $1,900 per year and it is expected that sales from the
increase in business activity will result in an increase in the sales tax revenue to the City.
Member Altbaum asked if parking meters are being enforced during the Market and staff indicated that they are.
Member Blakely asked if vendors pay sales tax to the City. Staff indicated they will verify this with the Finance
Department.
Member Killian asked if staff will be monitoring the public parking located on Landis Avenue south of Davidson.
She expressed concern about the parking impacts once the new medical bnilding at the southwest corner of Landis
and Davidson is completed. Staff indicated that the informal parking surveys showed a significant number of
parking spaces were always available south of Davidson on Landis Avenue during the Market. Staff will continue
to monitor the parking in this area.
MSC (Altbaum/Winters) (4-0-1-0 Mason absent) to 1) confirm that the committee has reviewed and considered
Negative Declaration IS-94-26, and 2) recommends that the City Council approve the closure of Third Avenue
to vehicular traffic between E Street and Davidson Street on Thursday afternoons between 2 p.m. and 8 p.m.
for a Farmers' Market subject to conditions recommended by staff and waives business license fees for
_. ....d_'"''''' ,_... !J~;?-- 7 J /t -il
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ITEM TITLE:
SUBMUTED BY:
REVIEWED BY:
BACKGROUND:
ATTACHMENT 3
COUNCIL AGENDA STATEMENT
~ Item
~ ~ Meeting Date 5/24/94
COUNCIL RESOLUTION \ 1\ 1) APPROVING THE TEMPORARY
CLOSURE OF THIRD A VENUE TO VEHICULAR TRAFFIC
BE'IWEEN E STREET AND DA VrnSON A VENUE ON THURSDAY
AFTERNOONS BEIWEEN 2:00 P.M. AND 8:00 P.M. FORA 60 DAY
PERIOD COMMENCING ON JUNE 2 FOR A FARMERS' MARKET
SPECIAL EVENT, AND 2) WAIVING BUSINESS LICENSE FEE FOR
THE VENDORS PARTICIPATING IN THE SPECIAL EVENT AND 3)
WAMNG INITIAL STUDY DEPOSIT (FEE) FOR LONG-TERM
FORMAL STREET CLOSURE
COMMUNITY DEVELOPMENT DIREemR ~ S . &In
CITY MANAGER/EXECUTIVE DIRECTOR ~ ~O ~
(4/5ths Vote: Yes _ No..x..J
Council Referral Number: NA
The Downtown Business Association (DBA) proposes to establish a weekly certified Fanners'
Market in the Town Centre I Project area as a special event and requests the closure of Third
Avenue between E Street and Davidson Avenue to accommodate the market. In addition, the
DBA requests that the City waive the business license fee for the vendors participating in the
Market.
The City's T(llffic Engineer, Risk Manager, Police Department Special Events Coordinator, Fire
Department, Transit Coordinator, Community Development Department, Planning Department,
and City Attorney's Office reviewed the proposed temporary street closure. The following
report discusses the issues that were raised and resolved during the staff meetings and
discussions.
RECOMMENDATION: That the City Council adopt a resolution approving:
I) the temporary closure of Third Avenue to vehicular traffic between E Street and Davidson
Avenue on Thursday afternoons between 2:00 p.m. and 8:00 p.m. for a 60 day period
commencing on June 2, 1994 for a Farmers' Market subject to conditions;
2) waiving business license fee for vendors participating in the special event; and,
3) waiving Initial Study deposit (fee) for long-term formal street closure.
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Page 2, Item
Meeting Date 5124/94
,
. BOARDS/COMMISSIONS RECOMMENDATION:
During the 60 day term of the proposed demonstration project, the staff and the DBA will
provide a presentation of the formal street closure and Farmers' Market proposal to the Town
Centre Project Area Committee and Safety Commission for their review and reconimendation.
DISCUSSION:
The DBA is proposing to establish a certified Farmers' Market special event in Town Centre r.
The Market is proposed to be conducted every Thursday between 3:30 p.m. and 7:00 p.m. and
is planned to be located within the Third Avenue street right-of-way between E Street and
Davidson Avenue. Approximately 25 produce vendors will participate in the first market
scheduled for lune 2. A full description of the DBA's proposal is attached as Exhibit A. [The
original proposal has been modified to consist of a full width street closure (north and south
bound lanes of Third Avenue) rather than closure of just the northbound lane. This change was
made because the single lane closure had the potential to create significant pedestrian safety
issues.
The specific location for the Market was selected for several reasons. The northeast section of
the Town Centre I Project Area does not have as high an activity level as other commercial
sections of the Downtown. The market will provide an opportunity to introduce the public to
this portion of the Downtown area. This segment of Third Avenue also is highly visible from
E Street which will provide a high level of Market exposure to local and through traffic carried
on E Street. Additionally, mid-block public parking lots are available and easily accessible to
.customers near th<<e proposed market location. .
To accomplish the open market as planned, the DBA has requested that Third Avenue be closed
to vehicular traffic between E Street and Davidson Avenue between 2:00 p.m. and 8:00 p.m.
on Thursdays and that the business license fee be waived for participati.ng vendors.
The California Vehicle Code section 21 101 (e) allows a local authority to temporarily close a
portion of any street for local special events. This may be accomplished by resolution or
ordinance. After reviewing the proposal and potential impacts, staff is recommending approval
of the temporary street closure by resolution.
Staff also is recommending that the City Council approve the proposed street closure for a 60
day period which would be considered a special event demonstration project. The demonstration
project is a class 23 CEQA exemption. During the demonstration project, the Traffic Engineer
will monitor the shift in traffic patterns. This information will be the traffic data base that will
be used to prepare the Initial Study. necessary for the formal, long-term project that will be
presented to the City Council following the completion of the demonstration project. The Initial
Study application includes a $1000 deposit which covers staff processing and administrative
costs. The DBA as a non-profit organization has requested that this fee be waived.
111-
Page 3, Item
Meeting Date 5/24/94
In addition, the demonstration project will provide an opportunity to evaluate other issues such
as parking and signage and will allow the Town Centre Project Area Committee and the Safety
Commission an opportunity to provide comments to the City Council based on a working model.
The following discussion addresses the issues pertinent to the temporary street closure for the
special event.
Public and Local Notice of Street Closure
Merchants, local residents, and local street traffic will be affected llY the street closure and
detour. In an effort to provide adequate notification to all the affected parties the following
outreach has been undertaken. The DBA began the process by holding a public forum at Pa Pa
Dave's Coffee House located at the northeast corner of Third and Davidson Avenues on March
30. All merchants located along Third Avenue between E Street and Davidson Avenue were
notified by personal visit from the Town Manager and they were given notice by flyers (see
Exhibit B) on March 22 and again on March 28. Approximately 25 merchants attended the
forum. The DBA reported that attendees voted their support for the market. In addition, the
DBA devoted a full page of the DBA's April newsletter to the Farmers' Market (see Exhibit C).
The newsletter has a distribution of 400 which includes all 350 DBA members. Since the
proposal was modified to include both the north and south lanes, the DBA has expanded their
personal contact to include all property owners adjacent to the proposed street closure to discuss
the closure and market operation.
City staff mailed notices of the City 'Council May 24 public meeting to all 350 DBA members
and to all property owners within 500 feet of the proposed street closure and affected area. In
addition, if the Council aPproves the closure, a series of notices will be published in the local
newspaper and the transit coordinator will post a sign at the affected bus stop and in the affected
buses.
Traffic Control Plan
The City's Traffic Engineer has prepared a traffic control detour plan to direct traffic around
the proposed closed portion of Third Avenue. If the closure is approved, a series of traffic
control sigus will be placed on Third Avenue before and during the Farmers' Market special
event (see attached plan - Exhibit D). Traffic Engineering will mark-out the locations for all
the required traffic control signs. The DBA will be responsible for supplying,. setting-up, and
removing all traffic control signs, cones and barricades at the market. Traffic Engineering will
assist the DBA on the initial closure to develop a correct procedure.
Detour signs will direct north and southbound traffic to 4th Avenue via E Street and F Street.
Neither of these circulation element streets are experiencing level of service problems as
reported in the 1993 traffic monitoring report. There appears to be sufficient capacity on these
streets to accommodate the diverted traffic. The temporary closure should not impact any traffic
threshold standards. However, it is expected that some traffic congestion may result at the F
Street !Third Avenue intersection. In anticipation of this occurrence, special traffic operating
procedures (Le. dual left turn lanes) will be implemented to minimize the congestion.
. h<g-:13
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Page 4, Item.
Meeting Date 5/24/94
During the recommended demonstration period, the Traffic Engineer will be monitoring the
traffic circulation. All traffic issues revealed during that time period will be forwarded to the
Safety Commission for comments and recommendation to the City Council with the formal long-
term Farmer's Market proposal following the completion of the demonstration project.
Parking
..--
One of the reasons the proposed location was selected was because public parking is within
proximity of the proposed Farmers' Market and it will be easily accessible to the Market and .
Downtown shoppers (see Exhibit E). There are three public parking lots containing over'9Q
spaces located north and south of Davidson Avenue behind businesses on the east side of Third
Avenue (Church Avenue) and two public parking lots conrninine almost 200 spaces located north
and south of Davidson Avenue behind the businesses on the west side of Third Avenue (on
Landis Avenue). These parking lots are currently used at a 50% to 60 % occupancy (1993
data). They are easily accessible from F andE Streets via Landis and Church Avenues and via
Davidson Avenue and are located along the Third Avenue detour route.
Towing
Tow Away Zone signs must be posted in accordance with the vehicle code before the street
closure occurs. It was agreed that the DBA will be responsible for placing Tow Away signs 24
hours before the street closure to allow ample warning that cars will be towed by 2:00 p.m. on
Thursdays. The DBA has beenpreviously responsible for tow away notices when street closures
have been allowed for street festivals.
Market Promotion
The DBA plans to promote the Market in several ways. A direct mailing will be made to
78,000 Chula Vista area homes and advertising will be through local publications. The DBA
will promote the Market on the Third Avenue Banner located above Third Avenue north of F
Street and they plan to purchase professionally, wood crafted signs which will be placed around
the vendors at the Market to identify the activity. The signs will be made by a local wood
crafter and will be 4' x 5' painted signs in the shape ofa cow and will state, "Certified Farmers'
Market Today."
Staff feels that the issues raised can be satisfactorily resolved. In addition to the traffic and
parking issues, the City staff will observe and monitor the set-up and operation of the market
during the demonstration project to determine if any modifications or additional
recommendations to the traffic control plans will be necessary for safe operation.
FISCAL IMPACT:
The DBAwill assume all costs for traffic the signs, and provide the labor for posting signs, and
coordination for the Farmers' Market. The City is providing public noticing and processing,
and guidance related to vehicle traffic control. Revenue from the parking meters located along
-11-;'iJ
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Page 5, Item
Meeting Date 5/24/94
the portion of Third Avenue proposed for closure will be lost, however, those revenues will
most likely be transferred to the public parking lots located in the back of the Third Avenue
businesses and will most likely be increased substantially from the added use of the now
underutilized lots due to the Market.
The Market will be able to accommodate up to 36 produce vendors. Annual business license
fees for vendors is $50. If the City waives the business license fees for those vendors
participating in the Market, a,maximum of $1800 in revenue will not be remitted. However;
it is anticipated that the Market will stimulate a significant increase in sales within the
Downtown which .should in turn result in a net increase .in area sales tax to the City. It is
expected that this increase will off-set any loss in business license revenue.
There will be some administrative costs relative to the enforcement of traffic and safety services
which will include staff time.
If the Initial Study deposit is waived, the approximately $1000 staff processing and
administrative costs for the preparation of the Initial Study will be absorbed by the Community
Development Department's staff services budget. The DBA is a non-profit organization which
qualifies for the waiver of fees if the City Council deems it appropriate.
c: farmer. 113
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~
COUNCIL AGENDA STATEMENT
ITEM TITLE:
a)
Item
Meeting Date 8/2/94
Resolution / 75''1 i authorizing issuance of Series B bonds,
approving form of bond indenture, bond purchase agreement and
Preliminary Official Statement for Assessment District 90-2 (Otay
Valley Road)
Resolution /75'15' authorizing the appropriation of funds from
Fund 637, Improvement Fund for Assessment District No. 90-2 (Otay
Valley Road), to CIP Project ST-123 contingent upon Series B Bond
sale; and, renewing the Limited City Pledge to provide security
enhancement for parcels in Otay Rio Business Park (Assessment Nos.
102-149)
9
b)
c) Resolution I? >'9 ~ authorizing the City Attorney, or his
designee, to initiate foreclosure proceedings on delinquent parcels in
Assessment District No. 90-2 (Otay Valley Road)
SUBMITTED BY: Director of Public Works !i'
Director of Finance tf . (, C)\
Director of Community Development \.. ~
REVIEWED BY: City Manage~ ~ ~ (4/5ths Vote: Yes...K..No_)
On June 23, 1992, the City Council approved the formation of the Assessment District for the
widening of Otay Valley Road. On June 30, 1992, the City Council adopted Resolution No. 16708
authorizing the issuance of the first series of the bonds for the Assessment District Series A bonds,
approving the form of the bond indenture and related documents (the "Resolution ofIssuance"). The
bond indenture was further modified by Resolution 17205 on July 27, 1993 to include the Limited
City Pledge to provide security enhancement for parcels in Otay Rio Business Park. Tonight's action
will authorize the issuance and use of the second bond series, Series B, for Phase II construction.
RECOMMENDATION: That Council approve the resolutions: I) authorizing issuance of Series
B bonds, approving forms of bond indenture, bond purchase contract and Preliminary Official
Statement for the Series B bonds; 2) authorizing the appropriation of funds from Fund 637 to CIP
Project ST-123, contingent upon Series B bond sale; and, renewing the Limited City Pledge to
provide security enhancement for parcels in Otay Rio Business Park (Assessment Nos. 102-149); and
3) authorizing the City Attorney to initiate foreclosure proceedings on delinquent parcels.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
'/-/
Page 2, ItemL
Meeting Date 8/2/94
DISCUSSION:
This report outlines the Phase II improvements that will be financed by the bonds, the Bond
Indenture, the Bond Purchase Agreement, the Preliminary Official Statement, special risk factors and
future action.
I. DESCRIPTION OF WORK
The widening of Otay Valley Road from 1-805 to the northerly boundary of the Otay Rio
Subdivision has been planned as a phased project. On June 30, 1992, the City Council, by
Resolution No. 16708 authorized the issuance of the Series A bonds for the first phase of the project.
Phase I extended from 1-805 to 1,200 feet east of Nirvana Avenue and is now in progress. Tonight's
action will authorize the issuance of the Series B bonds for the construction of Phase II. Phase II will
extend from 1,200' east of Nirvana Avenue to the northerly limits of the Otay River bridge crossing.
The fmal phase, Phase III, will widen the existing 26-foot wide bridge that was constructed by the
County to a width of 52 feet, tying the roadway to the northerly limits of the Otay Rio Subdivision.
Phases I and II were proposed to be funded via the formation of Assessment District 90-2. Phase
III is a separate CIP project approved in the FY 1993-94 budget (STM-319) and is not financed with
assessment district bonds. The Series A bonds for Phase I were sold in September, 1993. Pending
tonight's approval of the bond issuance, the proceeds from Series B bonds will be deposited into
Fund 637, Improvement Fund and appropriated to CIP Project ST-123. On June 7, 1994, Council
awarded the contract for Phases II and III to Signs & Pinnick, Inc. in the amount of $2,374,136.70
contingent upon bond sale.
II. THE LIMITED CITY PLEDGE
The first bond issue (Series A) was met with resistance by investors due to the special risk factors
(see Section IV, page 3). The bonds did not sell initially so the City obligated itself to pay the
annual installment of Otay Rio Business Park (potentially $225,000 annually) if an installment
became delinquent which enabled first issue bonds (Series A) to be sold. Tonight's action authorizes
the issuance of the second bond issue (Series B) in the amount of $2,119,994 for Phase II
construction and renews the City's Limited Pledge to advance funds for delinquent installment
associated with Otay Rio Business Park (assessment Nos. 102-149). The limited pledge will be equal
to the lesser of (i) the annual assessment installment on unimproved parcels within the Otay Rio
Business Park (unimproved is defined as not having Certificates of Occupancy) or (ii) the amount
of the amount of delinquent assessment installments on the Otay Rio Business Park properties. At
a minimum, this obligation to advance funds could be $0 (when Otay Rio Business Park remains
current on its installments) to a maximum of $225,000 annually (the full amount of estimated annual
installments on the Otay Rio Business Park properties). This is a renewal of the Limited Pledge the
City made last year for Series A and needs to be reconfirmed for series B to ensure the bonds are
marketable. In the underwriter's opinion , the bonds will be not be marketable unless the credit
enhancement is included.
Funds for this security enhancement will be identified at the time the funds are needed, if ever. Staff
is also negotiating with the owner of Otay Rio Business Park to obtain a deposit of $225,000 or
other security to fund at least one year's installment.
Cj - ;..
Page 3, Item~
Meeting Date 8/2/94
III. PURCHASE AGREEMENT. INDENTURE & PRELIMINARY OFFICIAL STATEMENT
The RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS, APPROVING THE BOND
INDENTURE OFFICIAL STATEMENT AND BOND PURCHASE AGREEMENT authorizes the
issuance of 1915 Act bonds in the amount of $2,119,994, approves the bond indenture, which sets
forth the conditions and covenants of the bond issue, and the Official Statement, which is the
disclosure document for the assessment district and bonds, in substantially final form, and approves
the sale of the bonds to the firm of Stone and Youngberg. The City and Stone and Youngberg will
price the bonds, i.e., set the interest rates and discount, on August I and the bond purchase
agreement to be approved by the adoption of this resolution will incorporate this final pricing of the
bonds. The bond indenture, bond purchase agreement and Official Statement will be completed and
executed on behalf of the City by the Director of Finance.
IV. SPECIAL RISK FACTORS
There are a number of special risk factors associated with the district:
I. The endangered species located within the district are: 1.1 acres of Coastal Sage Scrub, the
California gnatcatcher and least Bell's vireo. The City has obtained the necessary permits to
construct Phase II of Otay Valley Road, however, the presence of endangered and threatened
species may restrict the development of undeveloped parcels within the district.
2. Hazardous substances in the form of contaminated soils and groundwater are located within
the district. The County landfill has agreed to accept the soil, in principal, provided it is not
too contaminated. In terms of groundwater flow, some of these contaminated parcels are
"upstream" of other non-contaminated parcels within the district and it is not known if the
uncontaminated parcels will remain in that state.
3. The 1994 appraisal on the property has valued the land within the district at approximately
half the original 1992 appraised value. Although the property value trend is in a downward
motion, the value-to-lien ration meets or exceeds the City's criteria.
4. Approximately 8 property owners within the district are delinquent on their payment of taxes
and special assessments for the Fiscal Year 1993/94 installments. The total combined
delinquent amount is $26,354. The City has sent letters to the owners that were delinquent
in paying their taxes. The City must initiate foreclosure proceedings against the delinquent
parcels if payment is not made prior to the Series B bond sale per the bond indenture to
protect the bond holders and other property owners. This includes removing the parcels from
the tax rolls. This action is a basic security feature of assessment district debt. The third
resolution authorizes the City Attorney to initiate the proceedings.
Bond counsel recommended that the bond sale for this district be a "negotiated bond sale" due to the
complex issues and associated risks. A negotiated bond sale allows staff and consultants to work
with the underwriter throughout the project to ensure that all special risk factors are understood and
fully disclosed. The underwriter, Stone and Youngberg, was recommended by staff and approved
by Council for the bond sale in the amount of $7.1 million in June 1992. Due to delays, resulting
in the need to bifurcate the environmental permits and consequently the bond sale, the bond
9-3
Page 4, Item~
Meeting Date 8/2/94
documents were changed to reflect sale of bonds for Phase I construction (Series A). It was also
anticipated that separating the bond sale into Series A and B would reduce the cost of capitalized
interest to the property owners. Entering into the bond purchase agreement with Stone and
Youngberg for Series B bonds (Phase II construction) is a continuation of the process previously
approved by Council.
V. FUTURE ACTION
The bond sale is proposed for mid-August, 1994 to enable construction to begin III September,
earliest date allowed under the environmental permits.
FISCAL IMPACT: The underwriters have requested credit enhancement to cover $2.1 million in
assessments in the Otay Rio Business Park. Depending on the interest rate of the bonds, the annual
impact on the City could equal up to $225,000 for Series A and B bonds if Otay Rio Business Park
defaults on their payments. The City is requested to renew its pledge to advance the amount of the
total annual debt service for Series B bonds on unimproved property owned by Otay Rio Business
Park (assessments for "improved" parcels would not have to be secured). The City will only be
required to advance these funds in the event the owner does not pay annual assessment installments.
Any funds advanced by the City would be secured by the property and would be reimbursed through
redemption of the delinquent assessments or foreclosure proceedings.
The City has already obligated itself to advance funds for the payment of debt service on the bonds
in an amount not to exceed 10% of the principal amount of the bonds (the Reserve Fund). This
equals an obligation of approximately $700,000.
A copy of the Bond Indenture, Bond Purchase Agreement, and Preliminary Official Statement are
on file in the City Clerk's Office.
Attachments: District Map
TNAY081
M;IH011E\ENGINEER\AGENDA \OVRBOND.4
072794
'I-I{
.... - - - - - .. - .. .,. . . . .. .. .. .. .II
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-2
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
OTAY VALLEY ROAD
W
I
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I
LEGEND
OU Y COUNTY
LANDFILL
AREA or
SP IAL BENE IT
-.........
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- - - DISTRICT BOUNDARY
PARCEL BOIJN)ARY
@
ASSESSMENT NUMBER
-,
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1M[ ElWNDNIY AND PARCELS AS 5tI(MI HDl[ClN MC..
AS SHOIH ON lH[ ASstSSOR'S PARCO. MAPS or
THE COlMTY (E SAN Moo. STAl[ (IF CAlEORtIA.
~ WILLDAN AS8OCIATI3
'AI __~_IUIIiIIl{"
--------
SlfEET 2 OF 2
oUl MIJl
Minutes
June 30, 1992
Page 14
This being the time and place as advertised, the public hearing was declared open.
MS (Malcolm/Moore) to continue the public hearing to the meeting of July 21, 1992.
Council recessed at 8: 11 p.m. and reconvened at 8: 19 p.m.
Councilman Rindone stated he was surprised to see that the public hearing had been set. He reminded staff
that on 8127191 Council had agreed to review the rate of return for Laidlaw and review how they compared
on competitive bidding. Staff was directed at that meeting to work with Laidlaw regarding audit review,
rate of return, and confidentiality agreement. He felt that needed to be addressed before the public hearing
was held.
Lyman Christopher, Director of Finance, responded that they had met with Laidlaw over the past several
months and it was their intention to address those issues during the scheduled public hearing for the rate
increase. Laidlaw had been asked for financial information that could be made public, including rate of
return, and they had indicated that they would provide information that could be provided to the Council.
VOTE ON MOTION: approved lU1aIlimously.
28. PUBUC HEARING CONSIDERATION OF REVISIONS TO CHAPTER 5.20 OFTIiE CHULA VISTA
MUNICIPAL CODE, TIiE CARDROOM ORDINANCE - On 4128/92, Council heard public testimony related
to several proposed changes to Section 5.20 of the Municipal Code known as the Cardroom Ordinance. As
a result of that discussion, staff was directed to prepare draft revisions to the ordinance for Council review
and to schedule a public hearing. Each of the six Cardroom Ordinance revision issues specified by Council
are addressed in the report. The proposed changes are intended to assist local cardroom operators in
remaining competitive with other county gambling centers while maintaining the City's philosophy pertinent
to gaming issues. Staff recommends Council continue the public hearing to the meeting of July 21, 1992.
(Chief of Police) Continued from the 612192 meeting.
MSUC (Nader/Moore) to continue the public hearing to the meeting of July 21, 1992.
ORAL COMMUNICATIONS
None
ArnON ITEMS
29,A RESOLUTION 16706 AUTHORIZING VARIOUS APPROPRIATIONS OF FUNDS FOR ASSESSMENT
DISTRICT NUMBER 90-2 (OTAY VALJ..EY ROAD) - On 4/8/92, bids were received for "The Improvement of
Assessment District 90-2 (Otay Valley Road) from 1-805 to 1,200 feet east of Nirvana Avenue". Since the
Council established the Otay Valley Road Assessment District 90-2, it is now appropriate to award the
construction contract for the fu-st phase of the project. In order to award the construction contract, it is
necessary that the bond funds for the contract be assured. The approval of the bond sale agreement,
preliminary official statement, and bond indenture fulfill that requirement. Staff recommends approval of
the resolutions. 4/5th's vote required. (Director of Public Works and Director of Finance)
Councilman Rindone questioned whether they were municipal bonds and why the quoted rates were so high.
9-(,
.
Minutes
June 30, 1992
Page 15
Lyman Christopher, Director of Finance, stated that the range indicated was close to the percentage for the
most recent bond sale, i.e. 7.3%. The bond sale would not occur for thirty days. Assessment district bonds
were not rated.
,
Councilman Malcolm questioned whether staft' had looked a enhancing the bonds with some type of
insurance.
Mr. Christopher stated that issue was always looked at when doing a bond issue. Historically and
traditionally it was common practice not to get a rating for assessment district bonds. He was unaware of
any issues that had ever been insured. It would be a negotiated sale with Stone & Youngbird. Competitive
bids were not sought because it was not a typical assessment district formation, it had complex problems
associated with the formation of the district and the structure of the bond issue. Therefore, it was better
to get the underwriter involved initially when forming the assessment district than to wait until the end and
have a public or competitive sale.
Mayor Nader stated that he had concerns regarding the scope of the overall project in relation to the people
being assessed. He questioned whether the resolutions were time sensitive or if they could be continued.
Mr. Lippitt responded that the contract had to be awarded by 6/30/92 in order to receive the SB300
contribution. Council also needed to appropriate the funding.
Councilman Malcolm stated that everyone had concerns but his colleagues had made a difficult decision and
did not feel there was any choice regarding the resolution or a purpose for a delay.
RESOLUTIONS 16706, 167ffl, AND 16708 OFFERED BY COUNOLMAN MALCOLM, reading of the ten was
waived.
Mayor Nader agreed with Councilman Malcolm and stated that he would vote for the resolutions with
reluctance. He did not appreciate having to vote for an item with undue consideration because of the timing
involved.
VOTE ON RESOLUTIONS 16706, 167ffl, AND 16708: approved unanimously.
MS (Malcolm/Grasser Horton) to direct staff to respond to the comments made by Ms. Gregory and Mr.
Cushman and bring back a report regarding further evaluation as to whether the assessments were correct.
Councilman Rindone did not feel that the evaluation should be restricted to only the two property owners
in the motion, but any property that needed reassessment.
Councilman Malcolm stated that was the intent of his motion.
Mr. Lippitt stated that Mr. Teyssiet's property would also be evaluated.
VOTE ON MOTION: approved unanimously.
Mayor Nader stated that he was concerned that the assessments were rather steep and questioned whether
it would be advisable to have a voluntary group of assessed property owners formed which could review
proposed work and contracts and provide their ongoing input to staff and Council since it was their money
being spent.
Mr. Lippitt responded that there was a project area committee which met with the Redevelopment staff and
addressed many of the issues in the Otay Valley as well as that project.
9-7
Minutes
June 30, 1992
Page 16
Mayor Nader requested that "routine notice and opportunity for property owners to look at proposed
contracts and scope of work prior to approval by staff and Council and to offer their comments" be placed
under his comments for the next meeting. He did not necessarily want a new committee with staffing
formed but felt their input would be valuable.
Councilman Moore questioned whether the Mayor was addressing future assessment districts.
Mayor Nader stated he was addressing future work and contracts in the assessment district with notice to
property owners being assessed and an opportunity to offer comments before final approval was made or
contracts approved.
Councilman Moore expressed concern that it would result in the redoing of the district. That type of
information should have been received in year one of a five year project, not the sixth year of a five year
project.
Mayor Nader stated he did not want it to be a matter or renegotiating the spread of assessments but wanted
to look to see if there were ways of getting things done more cost effectively.
B. RESOLUTION 167W AWARDING THE CON1RACf FOR THE CONSTRUcnON OF CERTAIN
PUBUC WORKS IMPROVEMENTS IN ASSESSMENT DISTRICf NUMBER 9().2 (OTAY VAUE'{ ROAD)
C. RESOLUTION 16708 AUTIiORIZING ISSUANCE OF BONDS, APPROVING FORMS OF BOND
INDENTURE, BOND PURCHASE CON1RACf AND PREUMINARY OFFICIAL STATEMENT FOR ASSESSMENT
DISTRICf NUMBER 9().2 (OTAY VAUE'{ ROAD)
-..J
30. REPORT FOREST CONSERVATION INITIATIVE. Council directed staff to bring back
a report for consideration for the purpose of supporting placing the Forest Conservation Initiative on the
County ballot for a vote of the electorate. Staff recommends Council accept the report and take no position
on the Forest Conservation Initiative. (Administration)
A1do Vidali, 4364 Bonita Road, Bonita, CA 91902, representing Wilderness Teams, stated he was in support
of preserving the most important environment piece of real estate left in San Diego County for the future
generations. He urged Council to support the initiative.
Duncan McFetridge, Descanso, CA, President of Save Our Forest and Ranchlands, urged Council to reject the
staff recommendation and adopt Option 1 of the staff report, "support in the form of a letter to the
Chairperson of the Board of Supervisors, a request by the Forest and Ranchland Committee to place the
Forest Conservation Initiative on the ballot for a vote of the electorate".
Mayor Nader questioned whether the current County action or the initiative would result in a lower density
for the land in question.
Barbara Bamburger, Environmental Resource Manager, responded that the action taken by the County
affected the Central Mountain Plan area but the other eight community planning areas would not be
affected. The overall density would be higher without the initiative.
Mayor Nader referred to page 30.5 of the staff report and questioned if the County would lose state revenues
if their action was left standing or whether the County could change their action if found to be out of
compliance and therefore regain their reimbursement.
Ms. Bamburger responded that if the state deemed that the County was not following the Williamson Act,
then they could make the decision that they would not reimburse the County. There was a question as to
9-~
RESOLUTION NO.
/ '7 ~:;9 '-i
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING ISSUANCE OF BONDS, APPROVING FORMS OF BOND
INDENTURE, BOND PURCHASE CONTRACT AND PRELIMINARY OFFICIAL
STATEMENT FOR ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY
ROAD) LIMITED OBLIGATION IMPROVEMENT BONDS, SERIES B
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, is
conducting proceedings for the installation of certain public improve-
ments in a special assessment district pursuant to the terms and provi-
sions of the "Municipal Improvement Act of 1913", being Division 12 of
the Streets and Highways Code of the State of California, said special
assessment district known and designated as ASSESSMENT DISTRICT NO. 90-2
(OTAY VALLEY ROAD) (hereinafter referred to as the "Assessment
District"); and,
WHEREAS, this legislative body has previously declared in its
Resolution of Intention to issue bonds to finance said improvements, said
bonds to issue pursuant to the terms and provisions of the "Improvement
Bond Act of 1915", being Division 10 of said Code; and,
WHEREAS, in December, 1993, the City issued the $3,607,498.00 City
of Chula Vista Assessment District No. 90-2 (Otay Valley Road) Limited
Obligation Improvement Bonds, Series A, to fund the first phase of
construction of the authorized improvements; and,
WHEREAS, at this time this legislative body is desirous to set forth
all formal terms and conditions relating to the authorization, issuance
and administration of the City of Chula Vista Assessment District No.
90-2 (Otay Valley Road) Limited Ob 1 i gat i on Improvement Bonds, Seri es B
(the "Series B Bonds") in a principal amount not to exceed $2,119,994.00;
and,
WHEREAS, all preconditions to the issuance of the Series B Bonds as
contained in the bond indenture for the Series A Bonds have been satis-
fied; and,
WHEREAS, there has been presented, considered and ready for approval
a bond indenture setting forth formal terms and conditions relating to
the issuance and sale of the Series B Bonds (the "Bond Indenture"); and,
WHEREAS, there has also been presented for consideration by this
legislative body a form of Bond Purchase Contract authorizing the sale of
the Series B Bonds to Stone & Youngberg, the designated underwriter; and,
l~HEREAS, there has also been presented for consideration by this
legislative body a form of Preliminary Official Statement containing
information including but not I imited to the Assessment District and the
type of the Series B Bonds, including terms and conditions thereof.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
REC IT ALS
SECTION 1.
That the above recitals are true and correct.
94;/
"]\'
Resolution No.
Page Two
BOND AUTHORIZATION
SECTION 2.
That thi s I egi s I at i ve body does authori ze the issuance of
the Series B Bonds in an aggregate principal amount not to
exceed $2,519,163.00 pursuant to the terms and provisions of
the "Improvement Bond Act of 1915", being Division 10 of the
Streets and Highways Code of the State of Cal ifornia, and
a 1 so pursuant to the spec i fi c terms and condit ions as set
forth in the Bond Indenture presented herein.
BOND INDENTURE
SECTION 3. That the Bond Indenture is approved substantially in the
form presented herein. The Finance Director is hereby autho-
rized and directed for and on behalf of the City to execute
the Bond Indenture with such additions thereto or changes
therein as may be approved by the Finance Director, subject
to the review and approval of Bond Counsel, such approval by
the Finance Director to be conclusively evidenced by the
execution and delivery thereof. A copy of said Bond
Indenture shall be kept on file with the transcript of these
proceedings and open for public inspection.
BOND PURCHASE CONTRACT
SECTION 4. That the Bond Purchase Contract as submitted by STONE &
YOUNGBERG, the des i gnated underwriter, known as document
number , a copy of which is on file in the
Offi ce of the City Cl erk, is hereby approved sub stant i ally
in the form presented herein. The Finance Director is
hereby authorized and directed for and on behalf of the City
to evi dence the City's acceptance of the terms and prov i-
sions of the Bond Purchase Contract by executing and deliver-
ing the Bond Purchase Contract in the form presented to the
City at this meeting, with such changes therein as are
approved by the Fi nance Di rector, subject to the revi ew and
approval of Bond Counsel, such approval by the Finance
Director to be conclusively evidenced by the execution and
delivery thereof.
PRELIMINARY OFFICIAL STATEMENT
SECTION 5.
The form of the preliminary official statement (the "Prelimi-
nary Offi cia I Statement") is hereby rat i fi ed and approved.
The offi cers of the City and thei r authori zed representa-
tives are each hereby directed to prepare or cause to be
prepared a final official statement (the "Official State-
ment") relating to the Series B Bonds. The distribution by
the underwriter of copies of the Preliminary Official State-
ment to persons who may be interested in the purchase of the
9/1 ....2,
Resolution No.
Page Three
Series B Bonds is hereby ratified and the underwriter is
directed to deliver copies of the Official Statement to all
actual purchasers of the Series B Bonds from the underwriter
act i ng in such capacity. The Fi nance Di rector of the City
is authorized to certify to the underwriter that the Prelimi-
nary Official Statement was deemed final as of its date
within the meaning of Rule 15c2-12 of the Securities and
Exchange Commission. The officers of the City and their
authorized representatives are, and each of them acting
a lone and wi th the concurrence of Bond Counsel to the Ci ty
is, hereby authorized and directed, for and in the name of
the City, to execute the Official Statement with such
revisions from the Preliminary Official Statement as are
reasonable and customary to describe accurately the Series B
Bonds and matters conta i ned in the Purchase Agreement and
the Bond Indenture. Such approval shall be evidenced by the
execution thereof.
FINAL BOND DELIVERY
SECTION 5.
No further action will be required by this legislative body
if the bonds are priced, sold and del ivered prior to
September 2, 1994.
ADVANCE OBLIGATION REQUIREMENT
SECTION 7. This legislative body does further specifically agree and
covenant for the benefit of the Series B Bondholders to
advance funds to cure deficiencies and delinquencies which
may occur in the Redemption Fund as such requirements are
set forth in the Bond Indenture.
SUPERIOR COURT FORECLOSURE
SECTION 8. This legislative body does further specifically covenant for
the benefit of the bondholders to commence and prosecute to
completion foreclosure actions regarding delinquent install-
ments of the assessments in the manner, within the time
limits and pursuant to the terms and conditions as set forth
in the Bond Indenture as submitted and approved through the
adoption of this Resolution.
OTHER ACTS
SECTION 9.
A 11 act ions heretofore taken by the offi cers and agents of
the City with respect to the sale and issuance of the bonds
are hereby approved, confirmed and ratified, and the Finance
Di rector and any and a 11 other offi cers of the Ci ty are
hereby authorized and directed, for and in the name and on
beha If of the Ci ty, to do any and a 11 thi ngs and take any
9A~ :J
f .
.0
Resolution No.
Page Four
and all act ions re 1 at i ng to the execution and deli very of
any and all certificates, requisitions, agreements and other
documents, which the Finance Director may deem necessary or
ad vis ab 1 e in order to consummate the 1 awfu 1 issuance and
delivery of the Series B Bonds in accordance with this
resolution.
Presented by
Approved as to form by
John P. Lippitt
Public Works Director
Bruce M. Boogaard
Ci ty Attorney
9/1-'1
Resolution No.
Page Fi ve
PASSED, APPROVED, and ADOPTED
Chula Vista, California, this
by the following vote:
by the City Coune i 1 of the Ci ty of
day of , 1994,
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Tim Nader, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista,
California, do hereby certify that the foregoing Resolution No.
was duly passed, approved, and adopted by the City Counci 1 held on the
day of , 1994.
Executed this
day of
, 1994.
Beverly A. Authelet, City Clerk
9/J 1,5'
3
.--
.i
,/ ~
BOND INDENTURE
Thi s Bond Indenture (the "Indenture") dated as of August I, 1994, is entered into and
approved by the City of Chula Vista (the "Issuer") to establish the terms and
conditions pertaining to the issuance of bonds in a special assessment district known
and designated as ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD) (the "Assessment
District") .
SECTION 1. Issuance, Desi nation and Amount. Pursuant to the provisions of the
"Improvement Bond Act 0 1915', being Division 10 of the Streets and
Hi ghways Code of the State of Ca 1 i forn i a, as amended (the "Act"), the
Issuer does hereby authorize and direct the issuance and sale of a
seri es of bonds to represent a portion of the unpaid assessments on
certain private property within the Assessment District, which bonds are
hereby designated as the City of Chula Vista Assessment District No.
90-2 (Otay Valley Road) Limited Obligation Improvement Bonds, Series B"
(the "Bonds").
SECTION 2. Unpai d Assessments. The Issuer shall determi ne the assessments whi ch
are unpaid and the aggregate amount thereof as authorized by Section
8621 of the St reets and Hi ghways Code of the State of Ca 1 iforni a and
shall issue Bonds in an aggregate principal amount equal to the deter-
mined amount of unpaid assessments, less any previously issued bonds
secured by the unpaid assessments. Unpaid assessments means the aggre-
gate amount of unpaid assessments on nonpublic lands in the Assessment
Di st ri ct other than the Exc 1 uded Assessments. "Exc 1 uded Assessments"
means the unpaid assessments against the parcels stated in Exhibit "B"
hereto, which parcels are not eligible for development as of the date
hereof, and wou 1 d be, if i nc 1 uded as securi ty for the Bonds, an i mpa i r-
ment to the securi ty for the Bonds. The Exc 1 uded Assessments are the
subject of that certain Assessment District No. 90-2 Reimbursement
Agreement dated as of March 9, 1993, among the Issuer, the Redevelop-
ment Agency of the Issuer and the property owner pursuant to which the
Issuer may, at such time as the parcels subject to the Excluded Assess-
ments become developable, issue, sell and deliver Series C bonds
secured by the Excluded Assessments.
SECTION 3. Term of Bonds. As shown on Exhibit "A" hereto, the Bonds shall mature
a maximum of and not to exceed twenty-four (24) years from the second
day of September next succeeding twelve (12) months from their date.
The provisions of Part 11.1 of the Act, providing an alternative proce-
dure for the advance payment of assessments and the call ing of Bonds
shall apply. The Bonds shall be subject to refunding pursuant to Divi-
sion 11.5 of the Streets and Highways Code of the State of California.
SECTION 4. Registered Bonds. The Bonds shall be issuable only as fully registered
Bonds in the den ami nat i on of $5,000, or any integra 1 mu 1t i P 1 e thereof,
except for one bond maturing in the first year of maturity, which shall
include the amount by which the total issue exceeds the maximum
integral multiple of $5,000 contained therein.
1
9/1- ~
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
Date of Bonds.
shall accrue
hereto.
The Bonds shall be dated August 2, 1994 and interest
from that date at the rates set forth in Exhibit "A"
Maturity and Denomination. The Bonds shall be issued in serial and
term form, with annual maturities on September 2nd of every year
succeeding twe,lve (12) months after their date, until the whole is paid.
The principal amount payable each year, taking into consideration
mandatory sinking fund redemptions, shall result in approximately equal
annual debt service during the term of the issue considering the
interest rate and principal amount payable in the respective years, is
as shown in Exhibit "A" attached hereto and in Section 9 hereto.
Interest. Interest is payable each March 2 and September 2 (each being
an interest payment date), commencing March 2, 1995. Each Bond shall
be of a single maturity and shall bear interest at the rate as set
forth in the accepted bid proposal for said Bonds from the interest
payment date next preceding the date on which it is authenticated and
registered, (i) unless said Bond is authenticated and registered as of
an interest payment date, in which case it shall bear interest from
said interest payment date, (ii) unless said Bond is authenticated and
registered prior to the first interest payment date, in which case it
shall bear interest from its date, or (iii) unless interest is in
default on said Bond on such date, in which case it shall bear interest
from the last date on which interest was paid in full or from its dated
date if no interest has been paid, unti 1 payment of its principal sum
has been discharged. Interest shall be calculated on the basis of a
360 day year composed of twelve 30-day months.
Interest on said Bonds shall be paid by check mailed (or, in the case
of any owner of not less than $1,000,000 principal amount of the Bonds
who so requests in writing prior to the close of business on the
fi fteenth day preced i ng each interest payment date, by wi re trans fer)
to the registered owner thereof on each interest payment date at his or
her address as it appears on the books of registration, or at such
address as may have been fi 1 ed with the payi ng Agent for that purpose,
as of the 15th day immediately preceding said interest payment date (a
"Record Date"), whether or not such day is a business day.
Place of Payment. The principal on the Bonds shall be payable in
lawful money of the United States of America upon surrender of the Bond
at the office of Bank of America National Trust and Savings Association
in Glendale, Cal ifornia, the designated registrar, transfer agent and
paying agent of the Issuer ("Paying Agent"), or such other registrar,
transfer agent or paying agent as may be designated by subsequent
Resolution of the Issuer.
Redemption. The first series of Bonds shall be subject to redemption
as follows:
A. Optional. The Bonds shall be subject to optional redemption and
payment in advance of maturi ty, in whole or in part, on the 2nd day
29/?-'l
of March or September in any year, from any source of funds, at the
following redemption prices, expressed as a percentage of the
pri nc i pa 1 amount redeemed, together with accrued interest to the
date of redemption:
103% if redeemed on or before September 2, 2004
102% if re~eemed on March 2 or September 2, 2005
101% if redeemed on March 2 or September 2, 2006
100% if redeemed on March 2, 2007 and thereafter.
If less than all outstanding Bonds are called for optional redemp-
tion, the Issuer not less than 45 days prior to the redemption date
shall select Bonds for redemption in such a way that the ratio of
outstanding Bonds to issued Bonds shall be approximately the same
in each annual maturity insofar as possible. Within each annual
maturity Bonds shall be selected for redemption by lot.
B. Fund. The Bonds maturing on September 2, 2017
the "Term Bonds" are subject to mandatory sinking fund redemption
by lot at a redemption price equal to the principal amount thereof,
plus accrued i nteres t to the redempt i on date, wi thout premi urn, on
each September 2 in the years and for the amounts listed below:
Oate
(September 2)
Amount
,.
2009
2010
2011
2012
2013
2014
2015
2016
2017 (maturity)
$
In the event of any optional, partial redemption of the Term Bonds,
th e amounts in the foregoi ng schedu 1 e sha 11 be reduced pro-rata
among redemption dates in order to maintain substantially level
Annual Debt Services (defined as principal and interest due on the
Bonds on March 2 and September 2 of any year).
C. Partial Redemption. If less than all of the outstanding Bonds are
to be redeemed, the portion of any Bond of a denomination of more
than $5,000 to be redeemed shall be in the principal amount of
$5,000 or an integral multiple thereof, and, in selecting portions
of such Bonds for redemption, the Payi ng Agent shall treat each
such Bond as representing that number of Bonds of $5,000 denomi na-
tions which is obtained by dividing the principal amount of such
Bond to be redeemed in part by $5,000. Upon surrender of any Bond
to be redeemed in part only, the Paying Agent shall authenticate
3 9/1.Y
and deliver to the owner, as the expense of the Issuer, a new Bond
or Bonds of authorized denominations equal in aggregate principal
amount to the unredeemed portion of the Bond surrendered, with the
same interest rate and the same maturity date. Such partial redemp-
tion shall be val id upon payment of the amount required to be paid
to such owner, and the Issuer and the Paying Agent shall be
released and discharged thereupon from all liability to the extent
of such payment.
D. Notice. Notice of redemption of Bonds shall be provided at least
30 days in advance of the redemption date by registered or certi-
fied mail or by personal service to the respective registered
owners thereof at thei r addresses as they appear on the regi stra-
tion books of the Paying Agent. Neither the failure of any regis-
tered owner to receive redemption notice nor any defend in such
notice so given shall affect the sufficiency of the proceedings for
the redempt i on of such Bonds. The Issuer shall prov i de i nst ruc-
tions to the Paying Agent to effect sinking fund redemptions at
least 45 days prior to each redemption date.
SECTION 10. [Reserved].
SECTION 11. Exchange of Registered Bonds. Fully registered Bonds may be exchanged
at the office of the Paying Agent in Glendale, California, for a like
aggregate principal amount of Bonds of the same interest rate and
maturity, subject to the payment of taxes and governmental charges, if
any, upon surrender and cancellation of this Bond. Upon such transfer
and exchange, a new registered Bond or Bonds of any authorized denomina-
tion or denominations of the same maturity for the same aggregate
principal amount wi~l be issued to the transferee in exchange therefor.
SECTION 12. Books of Regi st rat ion. There shall be kept by the Payi ng Agent suffi-
cient books for the registration and transfer of the Bonds and, upon
presentation for such purpose, the Paying Agent shall, under such
reasonable regulations as it may prescribe, register or transfer or
cause to be registered or transferred, on said register, Bonds as
hereinbefore provided.
SECTION 13. Execution of Bonds. The Bonds shall be executed manually or in facsi-
mile by the Treasurer and by the City Clerk, and the corporate seal may
be imprinted manually or in facsimile on the Bonds. The Bonds shall
then be de 1 i vered to the Payi ng Agent for authent i cat i on and regi st ra-
tion. In case an officer who shall have signed or attested to any of
the Bonds by facsimile or otherwise shall cease to be such officer
before the authentication, delivery and issuance of the Bonds, such
Bonds nevertheless may be authenticated, delivered and issued, and upon
such authentication, delivery and issue, shall be as binding as though
those who signed and attested the same had remained in office.
SECTION 14. Authentication. Only such of the Bonds as shall bear thereon a certifi-
cate of authentication substantially in the form below, manually
executed by the Paying Agent, shall be valid or obligatory for any
4 9/1- q
purpose or entitled to the benefits of this Indenture, and such certifi-
cate of the transfer agent and registrar shall be conclusive evidence
that the Bonds so authent i cated have been duly executed, authent i cated
and delivered hereunder, and are entitled to the benefits of this
Indenture.
Date:
FORM~F CERTIFICATE OF AUTHENTICATION AND REGISTRATION
This bond has been authenticated and registered.
BANK OF AMERICA NATIONAL TRUST
AND SAVINGS ASSOCIATION
as Transfer Agent, Registrar and
Paying Agent
By:
SECTION 15. Negotiability, Registration and Transfer of Bonds. The transfer of any
Bond may be registered only upon such books of registration upon
surrender thereof to the Paying Agent, together with an assignment duly
executed by the owner or his attorney or legal representative, in satis-
factory form. Upon any such registration of transfer, a new Bond or
Bonds shall be authenticated and delivered in exchange for such Bond,
in the name of the transferee, of any denomination or denominations
authorized by this Indenture, and in an aggregate principal amount
equal to the principal amount of such Bond so surrendered. In all
cases in which Bonds shall be exchanged or transferred, the Paying
Agent shall authenticate at the earliest practical time, Bonds in accor-
dance with the provisions of this Indenture. All Bonds surrendered in
such exchange or registration of transfer shall forthwith be cancelled.
The Paying Agent may make a charge for every such exchange or registra-
tion of transfer of Bonds sufficient to reimburse it for any tax or
other governmental charge required to be paid with resfect to such
exchange or registration of transfer. No transfer of ful y registered
Bonds sha 11 be requ i red to be made between a Record Date and the next
following interest payment date, nor during the fifteen (15) days
preceding the selection of any Bonds for redemption prior to the
maturity thereof, nor with respect to any Bond which has been selected
for redemption prior to the maturity thereof.
SECTION 16. Ownership of Bonds. The person in whose name any Bond shall be
registered shall be deemed and regarded as the absolute owner thereof
for all purposes, and payment of or on account of the principal and
redemption premium, if any, of any such Bond, and the interest on any
such Bond, shall be made on 1 y to or upon the order of the reg is tered
owner thereof or his 1 ega 1 represent at i ve. All such payments shall be
valid and effectual to satisfy and discharge the liability upon such
Bond, including the redemption premium, if any, and interest thereon,
to the extent of the sum or sums so paid.
5
9/1-/&
SECTION 17. Mutilated, Destroyed, Stolen or Lost Bonds. In case any Bond secured
hereby shall become mutilated or be destroyed, stolen or lost, the
Issuer sha 11 cause to be executed and authenticated a new Bond of 1 i ke
date and tenor in exchange and substitution for and upon the cancella-
tion of such mutilated Bond or in lieu of and in substitution for such
Bond mutilated, destroyed, stolen or lost, upon the owner's paying the
reasonab 1 e exp.enses and charges in connect i on therewith, and, in the
case of a Bond destroyed, stolen or lost, his filing with the Paying
Agent and Issuer of evidence satisfactory to them that such Bond was
destroyed, stolen or lost, and of his ownership thereof, and furnishing
the Paying Agent and Issuer with indemnity satisfactory to them.
SECTION 18. Cancellation of Bonds. All Bonds paid or redeemed, either at or before
maturity, shall be cancelled upon the payment or redemption of such
Bonds, and delivered to the Issuer. Upon written direction from the
Issuer, Bonds may be destroyed by the Paying Agent, as allowed by law.
A certificate of destruction shall be provided to the Issuer. The
Issuer agrees to reimburse the Paying Agent I s costs incurred with the
microfilming or other required permanent recording, if any, related
thereto.
SECTION 19. Creation of Funds. The Treasurer of the Issuer is hereby authorized
and directed to establish and maintain the following funds for purposes
of making payment for the costs and expenses for the works of improve-
ment and payment of principal and interest on the Bonds. The funds to
be created are des i gnated, and the terms and cond it ions of the funds
are, as follows:
IMPROVEMENT FUND: The proceeds from the sale of the Bonds, after
deposit of required. amounts in the Redemption Fund, shall be placed in
the Fund hereby created, pursuant to Sections 10602 and 10424 of the
California Streets and Highways Code, as amended, which shall be called
the "Improvement Fund", and the monies in said Fund shall be used only
for the purposes authorized in said assessment proceedings, and specifi-
cally to pay for the costs and expenses of the acquisition of the autho-
rized public capital improvements, together with all incidental
expenses. Any surplus in the Improvement Fund after completion of the
improvements shall remain in the Improvement Fund for a period of not
less than two (2) years from the receipt of Bond proceeds as provided
in Section 10427.1 of the California Streets and Highways Code, and
thereafter shall be utilized or distributed as determined by the Issuer
and authorized by the Act.
REDEMPTION FUND: The Treasurer is hereby authorized and directed to
keep a Redemption Fund designated by the name of the proceedings, into
which he shall place accrued interest, if any, on the Bonds from the
date of the Bonds to the date of del ivery to the initial purchaser
thereof, all sums received for the collection of the assessments and
the interest thereon, together with all penalties, if applicable.
Pri nc i pa 1 of and interest on said Bonds shall be pa i d to the regi stered
owner out of the Redemption Fund so created (pursuant to Section 8671
6 9A-//
of the California Streets and Highways Code). Accrued interest paid by
the purchaser of the Bonds, if any, sha 11 be depos i ted in the Redemp-
tion Fund. In all respects not recited herein, the collection of
assessment installments and the Redemption Fund shall be governed by
the prov is ions of the Act. Under no circumstances shall the Bonds or
interest thereon be paid out of any other fund except as provided by
law.
,
SECTION 20. Issuer Liability. It is hereby further determined and declared that
the Issuer hereby obl igates itself to advance each March 2 and
September 2 any available funds to cure any deficiency or delinquency
which may occur in the Redemption Fund by failure of property owners to
pay annual assessment i nsta 11ments. The Issuer's ob 1 i gati on to advance
funds to cure a deficiency in the Redemption Fund shall be 1 imited in
aggregate amount to (1) ten percent (10%) of the principal amount of
the Bonds and any Parity Bonds (as defined herein) outstanding at any
time, plus (2) an additional advance if and to the extent that any such
advance is requi red to cure any deficiency in the Redemption Fund
resulting from the failure by the owners of the properties represented
by Assessment Numbers 102 through 149, inclusive, as shown upon the
Assessment Diagram of the Assessment District filed in the Office of
the County Recorder of San Di ego County on June 25, 1992, in Book 26,
Page 39, Document No. 92-0397322, Maps of Assessment Districts to pay
the annual assessment installments on such properties, or any of them,
when due and payable (the "Advance Obligation Requirement"). The
Advance Ob 1 i gati on Requi rement stated under (2) above shall terminate
as to any parce 1 (i) for wh i ch the annual assessment i nta 11 ments have
been paid when due and payable for five (5) consecutive years, or (ii)
upon the issuance by the Issuer of a certificate of occupancy for a
parcel with no dennquent taxes or assessments, or (iii) as to any
parcel sold to the Issuer or the Chula Vista Redevelopment Agency.
Amounts so advanced wi 11 be repaid to the Issuer, together with
interest thereon from the date of such advance at the rate equal to the
rate of interest payable on the delinquent assessment installments for
which such advances were made, from proceeds derived from the redemp-
tion or foreclosure of property with respect to which an assessment
i nsta llment is unpai d and from payments of the deli nquent assessments,
and to the extent of such repayment to the Issuer, the Issuer's obliga-
tion to advance funds shall be reinstated. The Issuer declares that it
does not obligate itself to advance funds to cure any deficiency in the
Redemption Fund other than as covenanted in this Section 20.
SECTION 21. Covenant for Superior Court Foreclosure. In the event of delinquency
in the payment of any installments of unpaid assessments, the Issuer
does covenant for the benefi t of the owners of the Bonds that it wi 11
review assessment records of the County not later than February 15 and
June 15 of each year to determine the amount of the assessments
collected in the current fiscal year. The Issuer shall commence fore-
closure action(s) on all parcels for which the payment of assessment
installments are del inquent in the Superior Court of the State of
California (Part 14, Division 10, "Improvement Bond Act of 1915",
Streets and Highways Code) no later than April 1 (with respect to the
February 15 determi nat i on) or August 1 (wi th respect to the June 15
determination) and diligently prosecute and pursue such foreclosure
7
9/1 ~ 1;<
proceedings to judgment and sale. The Finance Director shall notify
the Mayor and City Council and the City Attorney of annual delinquency
requ i ri ng the commencement of a forec 1 osu re act ion pu rsuant hereto and
the City Attorney shall commence, or cause to be commenced, such
proceedings.
SECTION 22. Covenant to Ma,intain Tax-Exem t Status. The Issuer covenants that it
wi not make any use of the proceeds of the Bonds issued hereunder
which would cause the Bonds to become "arbitrage bonds" subject to
Federal income taxation pursuant to the provisions of Section 148(a) of
the Code, or to become "Federally-guaranteed ob 1 i gat ions" pursuant to
the provisions of Section 149(b) of the Code, or to become "private
activity bonds" pursuant to the provisions of Section 141(a) of the
Code. To that end, the Issuer will comply with all applicable require-
ments of the Code and all regulations of the United States Department
of Treasury issued thereunder to the extent such requirements are, at
the time, applicable and in effect. Additionally, the Issuer agrees to
imp 1 ement and follow each and every recommendat ion prov i ded by bond
counsel and deemed to be necessary to be undertaken by the Issuer to
ensure compliance with all applicable provisions of the Code in order
to preserve the exemption of interest on the Bonds from Federal income
taxation.
SECTION 23. Covenants Regarding Arbitrage. The Issuer shall not take nor permit or
suffer to be taken any action with respect to the gross proceeds of the
Bonds as such term is defined under the Code which, if such action had
been reasonab 1 y expected to have been taken, or had been de 1 i berate ly
and intentionally taken, on the date of issuance of the Bonds, would
have caused the Bonds to be "arbitrage bonds" within the meaning of
Section 148 of the Code and the regulations promulgated thereunder.
The Issuer shall calcul ate Excess Earnings in accordance with the
Rebate Instructions attached hereto as Exhibit "C" and incorporated
herei n by th is reference, and sha 11 pay Excess Earni ngs to the Un i ted
States of America in accordance with the Rebate Instructions.
Notwithstanding the foregoing, the Rebate Instructions may be modified,
in who 1 e or in part, without the consent of the owners of the Bonds,
upon receipt by the Issuer of an opinion of Bond Counsel to the effect
that such modification shall not adversely affect the exclusion from
gross income of interest on the Bonds then Outstanding.
SECTION 24. Order to Print and Authenticate Bonds. The Treasurer is hereby
instructed to cause Bonds, as set forth above, to be typed or printed,
and to proceed to cause said Bonds to be authenticated and delivered to
an authori zed representative of the purchaser, upon payment of the
purchase pri ce as set forth in the accepted proposal for the sale of
Bonds.
SECTION 25. Arbitrage Certificate. On the basis of the facts, estimates and circum-
stances now in existence and in existence on the date of issue of the
Bonds, as determined by the Treasurer, said Treasurer is hereby autho-
rized to certify that it is not expected that the proceeds of the issue
will be used in a manner that would cause such obligations to be arbi-
trage Bonds. Such certification shall be del ivered to the purchaser
together with the Bonds.
8
7/1"1:1>
SECTION 26. Amendments or Supplements. The Issuer may, by adoption of a resolution
from time to time, and at any time, without notice to or consent of any
of the Bondowners, approve an amendment or supplemental indenture
hereto for any of the following purposes:
(a) to cure any ambiguity, to correct or supplement any provision here-
in which .may be inconsistent with any other provision herein, or
to make any other provi s i on with respect to matters or questions
arising under this Indenture or in any supplemental indenture,
provided that such action shall not materially adversely effect
the interests of the owners of the Bonds or any Parity Bonds;
(b) to add to the covenants and agreements of and the limitations and
the restrictions upon the Issuer contained in this Indenture,
ot her covenants, agreements, 1 i mi tat ions and restri ct ions to be
observed by the Issuer which are not contrary to or inconsistent
with this Indenture as theretofore in effect;
(c) to modify, alter, amend or supplement this Indenture in any other
respect wh i ch is not materi ally adverse to the i nteres ts of the
owners of the Bonds or any Parity Bonds;
(d) to maintain the tax exempt status of the interest payable on the
Bonds and any Parity Bonds; or
(e) to issue Parity Bonds as provided in Section 27 hereof.
Excl usive of the supplemental indentures hereto provided for in the
first paragraph of this Section 26, the owners of not less than 60% in
aggregate principal'amount of the Bonds and Parity Bonds then Outstand-
ing shall have the right to consent to and approve the adoption by the
Issuer of such supplemental indentures as shall be deemed necessary or
desirable by the Issuer for the purpose of waiving, modifying, alter-
ing, amending, adding to or rescinding, in any particular, any of the
terms or provisions contained in this Indenture; provided, however,
that nothing herein shall permit, or be construed as permitting, (a) an
extension of the maturity date of the principal of, or the payment date
of interest on, any Bond or Parity Bond, (b) a reduction in the
principal amount of, or redemption premium on, any Bond or Parity Bonds
or the rate of interest thereon, (c) a preference or pri ori ty of any
Bond or Parity Bond over any other Bond or Parity Bond, or (d) a
reduction in the aggregate principal amount of the Bonds and Parity
Bonds the owners of which are required to consent to such resolution or
order, without the consent of the owners of all Bonds and Parity Bonds
then outstanding.
SECTION 27. Parity Bonds. The Issuer may issue from time to time additional bonds
upon the unpaid assessments in an amount not to exceed the total amount
of unpaid assessments then existing less the principal amount of Bonds
and any parity bonds previously issued for, and secured by, the unpaid
assessments. Additional bonds issued pursuant to this Section 27 may
be issued on a parity with the Bonds ("Parity Bonds") only if the
following conditions have been met:
9 fj/l-It(
A. The Issuer shall be in camp 1 i ance with a 11 covenants set forth in
the Indenture and any supplemental indenture and a certificate of
the Issuer to that effect shall have been filed with the Treasurer;
provided, however, that Parity Bonds may be issued notwithstanding
that the Issuer is not in compliance with all such covenants so
long as immediately following the issuance of such Parity Bonds the
Issuer wil) be in compliance with all such covenants.
B. The issuance of such Parity Bonds shall have been duly authorized
pu rs u ant to the Act and all app 1 i cab 1 e 1 aws, and terms and the
issuance of such Pari ty Bonds shall have been provi ded for by a
supplemental indenture duly adopted by the Issuer.
C. The Treasurer shall have received the following:
(1) An opinion of bond counsel to the effect that, assuming compli-
ance by the Issuer with certain tax covenants, the issuance of
the Parity Bonds will not adversely affect the exclusion from
gross income for federal income tax purposes of interest on
any Bonds or Parity Bonds theretofore issued or the exemption
from State of California personal income taxation of interest
on any outstanding Bonds or Parity Bonds theretofore issued.
(2) A cert ifi cate from one or more Independent Fi nanc i a 1 Consu 1-
tants (defined hereinbelow) which when take together certify
that (a) the fair market value of the land and then existing
improvements in the Assessment District, as determined by the
assessed value of such land or by an appraisal performed on a
basis consistent with the appraisal dated July 6, 1992,
prep a red by the Ki bbey /Sami ppa 1 a Group and prov i ded to the
Issuer in connection with the issuance of the Bonds (the
"Appraisal "), is at least three times the sum of (i) the
aggregate principal amount of all Bonds and Parity Bonds then
outstanding, plus (ii) the aggregate principal amount of the
additional Parity Bonds proposed to be issued, plus (iii) the
aggregate principal amount of all assessment district Bonds
then outstanding and payable from assessments to be levied on
parcels of land within the Assessment District, plus (iv) a
portion of the aggregate principal amount of other community
facilities district or general obligation bonds then outstand-
ing and payable at least partially from taxes to be levied on
parcels of land within the Assessment District (the "Other
Bonds") equal to the aggregate pri nci pa 1 amount of the Other
Bonds multiplied by a fraction, the numerator of which is the
amount of taxes levied for the Other Bonds on parcels within
the Assessment District, and the denominator of which is the
total amount of taxes levied for the Other Bonds on all
parcels of land, based upon information from the most recent
fiscal year, and (b) the fair market value of each group of
parcels owned by a single owner which is responsible for more
than five percent (5%) of the unpaid assessments, as deter-
mined by the assessed value of such parcels or by an appraisal
performed on a basis consistent with the Appraisal provided to
the Issuer in connection with the issuance of the Bonds, is at
10 9/1--/>"
least three times the debt allocable to such parcels calcu-
1 ated in the manner set forth in (a) above. For purposes of
making the certifications required by this paragraph C., the
Independent Financial Consultants may rely on reports or
certificates of such other persons as may be acceptable to the
Issuer, Bond Counsel and the initial purchasers of the
proposed Parity Bonds.
,
The term "Independent Financial Consultant" shall mean a
financial consultant or firm of such consultants generally
recognized as well qual ified in the field of land secured
public financing, appointed and paid by the Issuer and who, or
each of whom: (i) is in fact independent and not under the
domi nat i on of the Issuer; (i i) does not have any substant i a 1
interest, direct or indirect, with the Issuer; and (iii) is
not connected with the Issuer as a member, officer or employee
of the Issuer, but who may be regularly retained to make
annual or other reports for the Issuer.
(3) In the case of the issuance of Parity Bonds secured by unpaid
assessments on the properties represented by Assessment
Numbers 25 through 41, inclusive, as shown upon the Assessment
Diagram of the Assessment District filed in the Office of the
County Recorder of San Diego County on June 25, 1992, in Book
26, Page 39, Document No. 92-0397322, Maps of Assessment
Districts, a certificate of an environmental engineering
stating that such parcels are no longer contaminated with
hazardous or toxic waste to a degree which would prohibit the
development of such parcels and a certificate of the City that
it is not aware of any environmental condition on such
property that would prevent the issuance of a building permit
for, such parcel.
IN WITNESS WHEREOF, the Issuer has executed this Bond Indenture effective the date
first written hereinabove.
FINANCE DIRECTOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
11
9/1"/1,
YEAR
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2017
~
CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO. 90-2
(OTAY VALLEY ROAD)
.'
EXHIBIT "A"
MATURITY SCHEDULE
PRINCIPAL MATURING
INTEREST RATE
$
12 9/1#/7
CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO. 90-2
(OTAY VALLEY ROAD)
EXHIBIT "B"
,
EXCLUDED ASSESSMENTS
Assessment Numbers 25 through 41.
~
13 9/1-/~
CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO. 90-2
(OTAY VALLEY ROAD)
EXHIBIT "("
ARBITRAGE REBATE INSTRUCTIONS
This document sets forth instructions regarding the investment and disposition of
mon i es depos i ted in vari ous funds and accounts estab 1 i shed in connect i on wi th the
issuance by the City of Chula Vista ("Issuer") of its Assessment District No. 90-2
(Otay Valley Road) Limited Obligation Improvement Bonds, Series B in aggregate
principal amount of $2,519,163.00 ("Bonds").
The purpose of these instructions is to provide the Issuer with information
necessary to ensure that the investment of the monies in the funds and accounts
described herein will comply with the arbitrage requirements imposed by the Internal
Revenue Code of 1986 and the regulations issued thereunder.
DEFINITIONS
For purposes of these instructions, the following terms shall have the meanings set
forth below:
Bond Year. The term "Bond Year" means each 12 month period (or shorter period from
the date of issuance) that ends at the close of business on a date selected by the
Issuer.
Code. The term "Code" means the Internal Revenue Code of 1986, as amended.
Delivery Date. The term "Delivery Date" means AU9ust.,,~, 1994.
.}.
Excess Investment Earnings. The term "Excess Investment Earnings" means an amount
equal to the sum of:
(1) The excess of
(a) The aggregate amount earned from the Del ivery Date of the Bonds on all
Nonpurpose Investments in which Gross Proceeds of the Bonds are invested,
over
(b) The amount that would have been earned if the Yield on such Nonpurpose
Investments had been equal to the Yield on the Bonds,
plus
(2) Any income attributable to the excess described in paragraph (1).
In determining Excess Investment Earnings, (i) any gain or loss on the disposition
of a Nonpurpose Investment shall be taken into account and (i i) any amount earned on
a bona fide debt service fund shall not be taken into account.
Capital ized terms herein that are not defined herein shall have the meaning set
forth in the Bond Indenture.
14 '/1"/&/
Gross Proceeds. The term "Gross Proceeds" means the fo 11 owi ng:
(1) Original proceeds, i.e., the amount received by the Issuer as a result of the
sale of the Bonds and any amounts actually or constructively received from
investing the amount received from the sale of the Bonds;
(2) Amounts, other than or,iginal proceeds, in any fund established as a reasonably
required reserve or replacement fund;
(3) Amounts, other than as specified above, that are reasonably expected to be or
are used to pay debt service with respect to the Bonds; and,
(4) Amounts received as a result of investing amounts described above.
Investment Property. The term "Investment Property" means any security, ob 1 i gat i on,
annuity contract or investment-type property in which Gross Proceeds are invested,
excluding, however, the following:
(a) United States Treasury - State and Local Government Series, Demand Deposit
secu rit i es; and
(b) tax-exempt obligations.
For purposes of these Instructions, the term "tax-exempt ob 1 i gati ons" shall i ncl ude
only obligations the interest on which is (i) excludable from gross income for
federal income tax purposes and (ii) not treated as an item of tax preference under
Section 57(a) (5) of the Code. The term "tax-exempt obl igation" shall, however, also
include stock in a "qualified regulated investment company," which is a corporation
that (i) is a regulated investment company within the meaning of Section 851(a) of
the Code and meets the requ i rements of Sect i on 852 (a) of the Code for the taxab 1 e
year; (ii) has only one class of stock authorized and outstanding; (iii) invests all
of its assets in tax-exempt obligations (as defined above) to the extent practic-
able; and (iv) has at least 98% of its gross income derived from interest on, or
gain from the sale or other disposition of, tax-exempt obligations, or the weighted
average value of its assets is represented by investments in tax-exempt obligations.
Nonpurpose Investment. The term "Nonpurpose Investment" means any Investment
Property which is acquired with the Gross Proceeds of the Bonds and is not acquired
in order to carry out the governmental purpose of the Bonds.
Purchase Price. The term "Purchase Price", for the purpose of computation of the
Yield of the Bonds, has the same meaning as the term "Issue Price" in Sections
1273(b) and 1274 of the Code, and, in general, means the initial offering price to
the public (not including bond houses and brokers, or similar persons or organiza-
tions acting in the capacity of underwriters or wholesalers) at which price a
substantial amount of each maturity (at least 10 percent) of the Bonds was sold.
The term "Purchase Pri ce", for the purpose of computat i on of Yi e 1 d of Nonpurpose
Investments means the fair market value of the Nonpurpose Investment on the date of
use of Gross Proceeds of the Bonds for acquisition thereof, or if later, on the date
that Investment Property constituting a Nonpurpose Investment becomes a Nonpurpose
Investment of the Bonds.
Regulations. The term "Regulations" means temporary and permanent Regulations
promulgated under Section 148 of the Code.
15
9/1-.20
Yield. The term "Yield" means that discount rate which, when used in computing the
present value of all payments of principal and interest (or other payments in the
case of Nonpurpose Investments which require payments in a form not characterized as
p r in c i pal and i nteres t) on a Nonpurpose I nvestment or on the Bonds produces an
amount equal to the Purchase Price of such Nonpurpose Investment or the Bonds, all
computed as prescribed in applicable Regulations. The yield on Nonpurpose
Investments must be computed by the use of the same frequency interval of
compounding interest as is used with respect to the Bonds.
REBATE REQUIREMENT
Calculation of Excess Investment Earnings. No later than the last day of the flfth
Bond Year, each succeeding fifth Bond Year and on the date the last Bond is
discharged, the Issuer shall calculate or cause to be calculated the Excess
Investment Earnings, if any. This calculation shall be made or caused to be made by
the Issuer in accordance with the following rules:
(1 )
For purposes of calculating the Yield on any investment as required under these
Ins t ruct ions, the purchase pri ce of the i nves tment wi 11 be the fa i r ma rket
pri ce of the i nves tment on an es tab 1 i shed market. Th is means that the 1 ssuer
will not pay a premium and will not accept a lower interest rate than is
usually paid to adjust the Yield on an investment.
The market price of certificates of deposit issued by a commercial bank may be
regarded as being at a fair market price if they are determined by reference to
the bona fide bid price quoted by a dealer who maintains an active secondary
market in such certificates, or, if no secondary market exists, by satisfying
subparagraph (3) below relating to investment agreements.
Investments pursuant to an investment agreement may be regarded as bei ng made
at a fair market price if (i) at least three (3) bids are received on the
investment contract from persons without an interest in the Bonds; (ii) the
winning bidder provides a certificate that, based on its reasonable expecta-
tions on the date the investment agreement is entered into, investments will
not be purchased or sole at a price other than their fair market value; (iii)
the yield on the investment agreement is at least equal to the yield offered
under the highest bid received from a non-interested party; and (iv) the yield
on the investment agreement is at least equal to the yield offered on similar
contracts.
(2)
(3)
(4)
For other investments traded on an established market, the fair market price
shall be the mean between the bid and offered prices for such obl igations on
the date of purchase or, if subsequent thereto, the date the investment becomes
a Nonpurpose Investment.
Where amounts must be restricted to a certain Yield and investments cannot be
purchased on an establ ished market or a bona fide fair market price cannot be
established at a Yield that does not exceed the maximum permissible Yield, the
Issuer may acquire or hold tax-exempt securities, currency or United States
Treasury Certificates of Indebtedness, Notes and Certificates - State and Local
Government Series ("SLGs") that Yield no more than the maximum permissible
Yield. SLGs are available at the Federal Reserve Bank.
(5)
16
'1/1",)./
Payment to United States. The Issuer shall payor cause to be paid an amount equal
to Excess Investment Earnings (after application of any available credits) to the
United States of America in installments with the first payment to be made not later
than thirty (30) days after the end of the fifth Bond Year, and with subsequent
payments to be made not later than five (5) years after the preceding payment was
due. The Issuer shall assure that each such installment is in an amount equal to at
least ninety percent (90%), of the Excess Investment Earnings with respect to the
Bonds as of the close of the computat i on peri od. Not 1 ater than sixty (60) days
after the retirement of the Bonds, the Issuer shall payor cause to be paid to the
United States one hundred percent (100%) of the theretofore unpaid Excess Investment
Earn i ngs of the Bonds. The Issuer shall remit payments to the Un ited States at the
address prescribed by the Regulations as the same may be from time to time in effect
with such reports and statements as may be prescribed by such Regulations. The
Issuer shall assure that such payments are made to the United States on a timely
basis from any funds lawfully available therefor.
Further Obligation of Issuer. The Issuer shall assure that Excess Investment
Earnings are not paid or disbursed except as provided in these instructions. To
that end, the Issuer shall assure that investment transactions are on an arms-length
basis. In the event that Nonpurpose Investments consist of certificates of deposit
or investment contracts, investment in such NonPurpose Investments shall be made in
accordance with the procedures described in applicable Regulations as from time time
in effect.
REBATE EXCEPTIONS. Absent an OplnlOn of nationally recognized bond counsel, the
exception of Section 148(f) (4) (C) of the Code wi 11 be considered satisfied only if
either the Six-Month Exception (set forth in subparagraph (1) below) or the Two-Year
Exception (set forth in subparagraph (2) below) is satisfied. If either of such
requirements is satisfied, the. Rebate Requirement will be treated as having been
satisfied.
(1)
Six-Month Exception. The Six-Month Exception will be treated as having been
satisfied if all Gross Proceeds of the Bonds are expended for the governmental
purposes of the Bonds no later than the day that is six (6) months after the
date of de 1 i very of the Bonds, and if a 11 amounts, if any, determi ned to be
required to be paid to the United States Treasury in compliance with the Rebate
Regulations are paid to the United States Treasury. Gross Proceeds which are
held in the Reserve Fund and Gross Proceeds which arise after such six (6)
months and which were not reasonably anticipated as of the date of delivery of
the Bonds shall not be considered Gross Proceeds for purposes of this subpara-
graph (1).
(2)
Two-Year Exception. The Two-Year Exception will be treated as having been
satisfied in the requirements of paragraphs (i) and (ii) below are satisfied.
(i)
At least 75 percent of the available construction proceeds of the Bonds
are used for construction expenditures (including reconstruction and
rehabilitation) with respect to property that is owned by a governmental
unit or an organization described in Section 501(c)(3) of the Code and
exempt from federal income tax under Section 501 (a) of the Code.
17 9/1~.2.J..
(ii) At least 10 percent of the available construction proceeds of the Bonds
have been expended for the governmental purposes of the Bonds within the
six (6) month period beginning on the date of the delivery of the Bonds,
at least 45 percent of the available construction proceeds have been
expended for the governmental purposes of the Bonds within the one (1)
year period beginning on the date of the delivery of the Bonds, at least
75 percent of the available construction proceeds of the Bonds have been
expended for the governmental pu rposes of the Bonds with i n the 18-month
period beginning on the date of the delivery of the Bonds, and all of the
available construction proceeds of the Bonds have been expended for the
governmental purposes of the Bonds within the two (2) year period beginn-
ing on the date of the delivery of the Bonds. For purposes of this
subparagraph, the term "available construction proceeds" means the amount
equal to the issue price (within the meaning of Sections 1273 and 1274 of
the Code) of the Bonds, increased by earnings on the issue price, earn-
ings on amounts, if any, on deposit in the Reserve Fund not funded from
the proceeds of the sale of the Bonds, and earnings on all of the fore-
goi ng earn i ngs, and reduced by the amount of the issue pri ce on deposit
in the Reserve Fund and the issuance costs fi nanced by the Bonds. The
term "available construction proceeds" shall not include amounts earned
on the Reserve Fund after the earl ier of the close of the two (2) year
period described above in this subparagraph (ii) or the date the construc-
tion is substantially completed. The term "available construction
proceeds" shall not include payments on any obligation acquired to carry
out the governmental purposes of the Bonds and shall not include earnings
on such payments.
For purposes of subparagraph (ii) of this subparagraph (2) all of the available
construction proceeds shall be treated as expended for the governmental
purposes of the Bonds withifi two (2) years from the date of the delivery of the
Bonds if all of such proceeds are expended for the governmental purposes of the
Bonds within three (3) years from the date of the del ivery of the Bonds and
such amounts would have been expended for such purposes within two (2) years
from the date of the delivery of the Bonds but for a reasonable retainage
(~, to ensure comp 1 i ance wi th the terms of a construction contract) that
does not exceed five (5) percent of the available construction proceeds of the
Bonds.
(3)
Multi-Purpose Issue Treatment. Solely for purposes of determining whether the
Bonds are described in subparagraph (1) of subparagraph (2) above, the Issuer
may treat the Bonds as two separate issues. Only one of such two separate
issues may be treated as satisfying the requirements of subparagraph (2) above.
EXPECTATIONS AND ELECTIONS. The issuer expects that the proceeds of the sale of the
Bonds deposited in the Improvement Fund wi 11 be fully expended for construction
expenditures within the meaning of Section 148(f) (4) (C) (iv) (I) of the Code. The
Issuer does, therefore, expect to satisfy the spending requirements of Section
148(f) (4) (C) (ii) of the Code. Accordingly, the Issuer does elect to apply the
two-year expenditure exception of Section 148(f) (4) (C) (ii) of the Code to the Bonds.
The Issuer does not elect to have the penalty provision of Section 148(f)(4)(C)(vii)
apply.
18
9/1-~3
MAINTENANCE OF RECORDS. With respect to all Nonpurpose Investments acquired in a
fund or account established and held by the Issuer, the Issuer shall record or cause
to be recorded the following information: (i) purchase date, (ii) purchase price,
(iii) information establishing that the purchase price is the fair market value as
of such date (~, the pub 1 i shed quoted bi d by a dealer in such an investment on
the date of purchase), (iv) any accrued interest paid, (v) face amount, (vi) coupon
rate, (vii) periodicity of interest payments, (viii) disposition price, (ix) any
accrued interest received, and (x) disposition date. To the extent any investment
becomes a Nonpurpose Investment by becoming Gross Proceeds after it was originally
purchased, it shall be treated as if it were acquired at its fair market value at
the time it becomes a Nonpurpose Investment. The Issuer shall keep and retain for a
period of six (6) years following the retirement of the Bonds, records of all
determinations made pursuant to these Instructions.
AMENDMENT. In order to comply with the covenants in the Bond Indenture regarding
compliance with the requirements of the Code and the continued exclusion from gross
income for purposes of federal income taxation of interest paid on the Bonds, the
procedures described in these Instructions may be modified as necessary, without the
con s en t of Bond owners, and based on the op i n i on of nat i ona 11 y recogn i zed bond
counsel acceptable to the Issuer, to comply with regulations, rulings, legislation
or judicial decisions as may be applicable to the Bonds. Neither the Issuer nor any
of its members, agents, officers or employees shall be liable for any action taken
or for its failure to take any action in connection with these Instructions. The
Issuer may rely conclusively on the advice of its Bond Counsel with respect to the
requirements of these Instructions.
***
~
19 9/1"'~i
RESOLUTION NO. 1759.5"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE APPROPRIATION OF
FUNDS FROM FUND 637, IMPROVEMENT FUND FOR
ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY
ROAD), TO CIP PROJECT ST-123 CONTINGENT UPON
SERIES B BOND SALE; AND, RENEWING THE LIMITED
CITY PLEDGE TO PROVIDE SECURITY ENHANCEMENT
FOR PARCELS IN OTAY RIO BUSINESS PARK
(ASSESSMENT NOS. 102-149)
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby authorize the appropriation of
$2,119,994 from Fund 637 to CIP Project ST-123, contingent upon
Series B bond sale; and, renewing the Limited city Pledge to
provide security enhancement for parcels in Otay Rio Business Park
(Assessment Nos. 102-149).
BE IT FURTHER RESOLVED that the city Council does hereby
authorize the Department of Finance to set up the necessary
expenditure accounts in Fund 637, Improvement Fund and revenue
account for the SDG&E payment.
John P. Lippitt, Director of
Public Works
Presented by
C: \ rs\ seriesb. ovr
9tJ~/
RESOLUTION NO.
/759~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY ATTORNEY, OR
HIS DESIGNEE, TO INITIATE FORECLOSURE
PROCEEDINGS ON DELINQUENT PARCELS IN
ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY
ROAD)
WHEREAS, approximately 8 property owners within
Assessment District No. 90-2 are delinquent on their payment of
taxes and special assessments for Fiscal Year 1993/94 installments;
and
WHEREAS, the total combined delinquent amount is $26,354;
and
WHEREAS, the City has sent letters to the owners that
were delinquent in paying the taxes; and
WHEREAS, the city must initiate foreclosure proceedings
against the delinquent parcels if payment is not made prior to the
Series B Bond sale, which includes removing the parcels from the
tax rolls.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby authorize the city Attorney, or his
designee, to initiate foreclosure proceedings 0 delinqu t parcels
in Assessment District No. 90-2 (Otay Valley ad).
Presented by
John P. Lippitt, Director of
Public Works
c: \ 1"8\ fore lose . 902
fC-j
~
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item I tfJ
Meeting Date 8/2/94
Resolution J ? 5'1 7 Authorizing issuance of bonds, approving forms of
bond indenture, bond purchase contract and preliminary official statement for
A"'..m"" Do"", No. 92.()2(^:,/"Mk)
Director of Public wor~'~
City ManagerJ:\ ~.~ (4/5ths Vote: Yes_NolO
SUBMITTED BY:
REVIEWED BY:
On March 23, 1993, Council adopted the resolution of intention to order the acquisition and tinancing of
certain infrastructure serving the Autopark development pursuant to the Municipal Improvement Act of 1913.
The two public hearings required by law were held on June 8 and 22, 1993. Later, on August 24, 1993,
Council approved the Acquisition/Financing Agreement and on September 28, 1993, contirmed the
assessment and approved the Engineer's Report for Assessment District 92-2 (Autopark).
On March 23, 1993, by Resolution 17043, the City Council also approved an underwriting agreement with
Stone & Youngberg. This agreement states that the parties shall enter into a Purchase Contract regarding
the nelwtiated bond sale. A negotiated sale was selected in consideration to special risk factors resulting
from the presence of contaminated soils and/or water on parcels located immediately adjacent to the District,
which may restrict the suitability of the securities to a limited set of investors.
Tonight's action will continue the legislative proceedings of the Autopark Assessment District.
RECOMMENDATION: That Council adopt the resolution authorizing issuance of bonds and approving
bond indenture, bond purchase contract and preliminary official statement for Assessment District 92-02.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The public improvements to be tinanced through the Assessment District No. 92-2 include asphalt concrete
pavement, drainage facilities, curb, gutter, sidewalk, landscaping, street lighting, sewer mains, sewer pump
station, storm drain system, water system, and miscellaneous appurtenant structures (see Exhibits A & B).
The acquisition ofright-of-way for Otay Valley Road widening and Brandywine Avenue and Autopark Drive
construction within the proposed district is also included.
The total contirmed assessment approved by Council on September 28, 1993 to the Autopark parcels is
$1,985,683. This includes construction, engineering design, inspection and administration costs, and other
incidental costs. The Autopark parcels already have assessments placed by Assessment District 90-2 (AD
90-2, Otay Valley Road) which is tinancing the construction of Otay Valley Road that provides the primary
access to the site. The incidental expenses include a line item ($365,939) for the prepayment of the AD 90-2
assessments, which will eliminate all senior liens on the Autopark parcels.
The contirmed assessments were based on a land value of $9.00 per square foot, in accordance with the
appraisal performed by the Kibbey and Samppala Group in April 15, 1993. An appraisal update, prepared
on May 27, 1994 by the same company, estimated a current land value of $8.75 per square foot. Pursuant
I () ...;
Page 2, Item / tP
Meeting Date 8/2/94
to Section 18 of the Acquisition/Financing Agreement, the amount of the bond issue shall not exceed one
third (113) of the value of the property. The following table presents the bond amount calculations and the
proposed debt to be placed on the Autopark parcels.
Land Value
Land Value to
to Lien Ratio Lien Ratio
(Using (Using
Net Area Land Value(l) Confirmed Confirmed Proposed Proposed
Parcel (Acres) ($8.75/s.f.) Assessments Assessments) Bonded Debt Debt)
I 2.543 $ 969,000 $332,319 2.92:1 $323,000 3:1
2 8.299 3,163,000 1,084,514 2:92:1 1,084,514 2.92:1
3 4.353 1,659,000 568,850 2:92:1 568,850 2.92:1
Total 15.195 $5,791,000 $1,985,683 $1,976,364
(Amount of Bond issue)
10nly includes value of land and public improvements (streets, sewer, etc.). It does not include private buildings value.
The previous table shows a "Land" value to lien ratio of 2.92:1 for parcels 2 and 3. The dealers'
showrooms and other facilities are currently under construction on Parcel 2 (Fuller Ford, Honda and KIA)
with a building permit value of $2,188,091 and Parcel 3 (South Bay Chevrolet) with a building permit value
of $2,463,648. The building improvements will increase the value of the property which would raise the
"Total" value to lien ratio above the 3:1 required by City policy. The bonded debt for Parcell (no current
construction) also complies with the 3: 1 ratio. The total proposed bonded debt ($1,976,364) is slightly
smaller than the total contirmed assessment ($1,985,683) which is the level of public financing expected by
the developer. Staff feels that under the current circumstances the proposed debt allocation is acceptable,
and recommends that Council approve a bond sale in the amount of $1 ,976,364. The bond counsel (Brown,
Diven & Hentschke) has determined that this proposal satisfies the Acquisition/Financing Agreement and
concurs with staff recommendation. Exhibit C presents the revised cost estimate.
Resolution
The RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS, APPROVING THE BOND
INDENTURE, OFFICIAL STATEMENT AND BOND PURCHASE CONTRACT authorizes the issuance
of 1915 Act bonds in the amount of $1 ,976,364, approves the bond indenture, which sets forth the conditions
and covenants of the bond issue, and the Official Statement, which is the disclosure document about the
assessment district and bonds, in substantially tinal form, and approves the sale of the bonds to the firm of
Stone & Youngberg. The City and Stone & Youngberg will price the bonds, i.e. set the interest rate and
discount on August 1, and the bond purchase contract to be approved by the adoption of the resolution will
incorporate this final pricing of the bonds. The bond indenture, bond purchase contract and Official
Statement will be completed and executed on behalf of the City by the Director of Finance.
Future Action
The bond sale is proposed to take effect by mid-August 1994.
/~',)...
Page 3, Item / ~
Meeting Date 8/2/94
FISCAL IMPACT: None. The developer has already signed a Reimbursement Agreement with the City,
in which he agrees to advance all City expenses and consultant costs related to the proposed assessment
district formation and will be reimbursed from bond proceeds.
A copy of the Bond Purchase Contract, Bond Indenture, and Preliminary Official Statement are on file in
the Clerk's Office.
Attachments:
Assessment District Diagram
Description of Improvements
Cost Estimate
LdT/AY -090
WPC E\home\engineer\agenda\bonds92.2
II!) -:3 //0 A
RESOLUTION NO.
)7597
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING ISSUANCE OF BONDS, APPROVING FORMS OF BOND
INDENTURE, BOND PURCHASE CONTRACT AND PRELIMINARY OFFICIAL
STATEMENT FOR ASSESSMENT DISTRICT NO. 92-2 (AUTO PARK)
WHEREAS, the CiTY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, is
conducting proceedings for the installation of certain public
improvements in a special assessment district pursuant to the terms and
provisions of the "Municipal Improvement Act of 1913", being Division 12
of the Streets and Highways Code of the State of California, said special
assessment district known and designated as ASSESSMENT DISTRICT NO. 92-2
(AUTO PARK) (hereinafter referred to as the "Assessment District"); and,
WHEREAS, this legislative body has previously declared in its
Resolution of Intention to issue bonds to finance said improvements, said
bonds to issue pursuant to the terms and provisions of the "Improvement
Bond Act of 1915", being Division 10 of said Code; and,
WHEREAS, at this time this legislative body is desirous to set forth
all formal terms and conditions relating to the authorization, issuance
and administration of said bonds; and,
WHEREAS, there has been presented, considered and ready for approval
a bond indenture setting forth formal terms and conditions relating to
the issuance and sale of bonds; and,
WHEREAS, there has also been presented for consideration by this
legislative body a form of Bond Purchase Contract authorizing the sale of
bonds to Stone & Youngberg, the designated underwriter; and,
WHEREAS, there has also been presented for consideration by this
legislative body a form of Preliminary Official Statement containing
information including but not limited to the Assessment District and the
type of bonds, including terms and conditions thereof; and,
WHEREAS, thi s 1 egi slat i ve body hereby further determi nes that the
unpaid assessments shall be specifically in the amount as shown and set
forth in the Certificate of Paid and Unpaid Assessments as certified by
and on file with the Treasurer, and for particulars as to the amount of
said unpaid assessments, said Certificate and list shall control and
govern.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
REC IT ALS
SECTION 1. That the above recitals are true and correct.
1~'5
Resolution No.
Page Two
BOND AUTHORIZATION
SECTION 2... That th i s 1 egi slat i ve body does authori ze the issuance of
1 imited oblig::.tion improvement bonds in an aggregate
principal amount not to exceed the aggregate amount of the
unpa i d assessments pursuant to the terms and prov i s ions of
the "Improvement Bond Act of 1915", being Division 10 of the
Streets and Highways Code of the State of California, and
also pursuant to the specific terms and conditions as set
forth in the Bond Indenture presented herein.
SECTION 3.
SECTION 4.
SECTION 5.
BOND INDENTURE
That the Bond Indenture is approved substantially in the
form presented herein. The Finance Director is hereby
authori zed and di rected for and on behalf of the City to
execute the Bond Indenture wi th such addi t ions thereto or
changes therei n as may be approved by the Fi nance Di rector,
subject to the review and approval of Bond Counsel, such
approval by the Finance Director to be conclusively
evidenced by the execution and delivery thereof. A copy of
said Bond Indenture shall be kept on file with the tran-
script of these proceedings and open for public inspection.
BOND PURCHASE CONTRACT
That 'the Bond Purchase Contract as submitted by STONE &
YOUNGBERG, the des i gnated underwriter, known as document
number , a copy of which is on file in the
Offi ce of the City Cl erk, is hereby approved substanti ally
in the form presented herein. The Finance Director is
hereby authorized and directed for and on behalf of the City
to evidence the City's acceptance of the terms and provi-
sions of the Bond Purchase Contract by executing and deliver-
ing the Bond Purchase Contract in the form presented to the
City at this meeting, with such changes therein as are
approved by the Finance Director, subject to the review and
approval of Bond Counsel, such approval by the Finance
Director to be conclusively evidenced by the execution and
delivery thereof.
PRELIMINARY OFFICIAL STATEMENT
The form of the preliminary official statement (the "Prelimi-
nary Official Statement") is hereby ratified and approved.
The offi cers of the City and thei r authori zed representa-
t i ves are each hereby di rected to prepare or cause to be
prepared a final official statement (the "Official
Statement") relating to the Bonds. The distribution by the
underwriter of copies of the Preliminary Official Statement
Id" (,
Resolution No.
Page Three
to persons who may be interested in the purchase of the
Bonds is hereby ratified and the underwriter is directed to
deliver copies of the Official Statement to all actual
purchasers of the Bonds from the underwriter acting in such
capacity. The Finance Director of the City is authorized to
certify to the underwriter that the Preliminary Official
Statement was deemed final as of its date within the meaning
of Rule 15c2-12 of the Securities and Exchange Commission.
The offi cers of the City and thei r authori zed representa-
tives are, and each of them acting alone and with the concur-
rence of Bond Counsel to the City is, hereby authorized and
directed, for and in the name of the Ci ty, to execute the
Official Statement with such revisions from the Preliminary
Offici al Statement as are reasonable and customary to
describe accurately the Bonds and matters contained in the
Purchase Agreement and the Bond Indenture. Such approval
shall be evidenced by the execution thereof.
FINAL BOND DELIVERY
SECTION 6.
No further action wi 11 be requi red by thi s 1 egi slat i ve body
if the bonds are priced, sold and delivered prior to
September 2, 1994.
FINAL ASSESSMENTS
SECTION 7.
That the Certificate of Paid and Unpaid Assessments, as
certified by the Treasurer, shall remain on file in that
office and be open for public inspection for all particulars
as it relates to the amount of unpaid assessments to secure
bonds for this Assessment District.
SUPERIOR COURT FORECLOSURE
SECTION 8. This legislative body does further specifically covenant for
the benefit of the bondholders to commence and prosecute to
completion foreclosure actions regarding delinquent install-
ments of the assessments in the manner, within the time
limits and pursuant to the terms and conditions as set forth
in the Bond Indenture as submitted and approved through the
adoption of this Resolution.
OTHER ACTS
SECTION 9.
A 11 act ions heretofore taken by the offi cers and agents of
the City with respect to the sale and issuance of the bonds
are hereby approved, confirmed and ratified, and the Finance
Di rector and any and all other officers of the City are
hereby authorized and directed, for and in the name and on
beha If of the City, to do any and a 11 thi ngs and take any
/~,?
Resolution No.
Page Four
and all actions re 1 at i ng to the execut i on and deli very of
any and all certificates, requisitions, agreements and other
_ documents. wh i ch the Fi nance Oi rector may deem necessary or
advisable in order to consummate the lawful issuance and
delivery of the bonds in accordance wit his resolution.
Presented by
John P. Lippitt
Public Works Director
1t1'?
Resolution No.
Page Fi ve
PASSED, APPROVED, and ADOPTED
Chula Vista, California, this
by the following vote:
by the City Council of the City of
day of . 1994,
AYES: Couneilmembers:
NOES: Couneilmembers:
ABSENT: Couneilmembers:
ABSTAIN: Couneilmembers:
Tim Nader, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet. City Clerk of the City of Chul a Vista,
California, do hereby certify that the foregoing Resolution No.
was duly passed, approved, and adopted by the Ci ty Counei 1 he 1 d on the
day of , 1994.
Executed this _____ day of
, 1994.
Beverly A. Authelet, City Clerk
ItJ'7 j;()-IO
,
ASSESSMENT DIAGRAM
ACQUISITION
ASSESSMENT DISTRICT NO, 92-2
(AUTOPARK)
FOR THE
CITY OF CHULA VISTA
COl.NTY r::F SAN DIEGO, STATE r::F CALIFORNIA
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ENGINEER'S REPORT
PART VI
DESCRIPTION OF WORKS OF IMPROVEMENT
The proposed works of improvement are generally described as follows:
1. Brandywine Avenue: (Proposed right-of-way to vary from 56 feet to 80 feet) from Otay
Valley Road to the south boundary of Assessment District No. 92-2; including but not
limited to asphalt, curb, gutter, sidewalk, street lights, medians, water, sewer, storm drain,
fencing, signing and striping, landscaping. Right-of-way acquisition is also included.
2. Auto Park Drive: (Proposed right-of-way 40 feet) within the boundaries of Assessment
District No. 92-2 including but not limited to asphalt, curb, gutter, sidewalk, street lights,
medians, water, sewer, storm drain, fencing, signing and striping, landscaping. Right-of-
way acquisition is also included.
3. Otay Valley Road: Widening to provide an eastbound right turn lane to Brandywine
Avenue, including, but not limited to asphalt, curb, gutter, sidewalk, street light,
landscaping, signing and striping, fencing. Right-of-way acquisition is also included.
4. Sewer line and pump station: Along the south boundary of Assessment District No. 92-2.
The gravity sewer line is 8 inches in diameter with a total length of approximately 1,100
feet. The pump station is required to pump sewer flows through 2-4" force mains to the
existing sewer line in Otay Valley Road.
5. Main infrastructure water, sewer and storm drain transversing and serving comrnerciallots
within the boundary of the proposed district
/tJ -J /
WPC F:'JlOME'ENGINEER\770.93
Page 18
-
c;<fli6/ + c.
.
CITY OF CHULA VISTA
Assessment District No. 92-2
(Auto park)
Estimate of Improvement Project Costs
Construction Cost
Streets ............................................................................................................................
Water ..................................................................:..........................................................
Sewer.............................................................t...............................................................
Stonn Drain .........................................................;.........................................................
Contingency.....................................................:............................................................
Construction SubTotal.............. ..............................................................................
Incidental Expenses
Right-of-Way Acquisition.... ............. ............................................................................
Outstanding Lien (Otay Valley Road AD 90-2) ...........................................................
Surveying ......................................................................................................................
Landscape Architect......................................................................................................
Civil Engineering ..........................................................................................................
Soil Engineering............................................................................................................
Construction Administration .........................................................................................
Public Agency (project Management & Assessment Engineering) ..............................
Bond CounseL.......... .....................................................................................................
Appraiser ................ .......................................................................................................
Pennit Fees
Otay Water District ....................................................................................................
City of Chula V ista.....................................................................................................
Printing, Advertising, Posting.. .....................................................................................
Bond Printing, Servicing, Registration. ........................................................................
Incidental Expenses Su btotal. ..................................................................................
Net Costs Bonded For
Construction SubtotaI....................................................................................................
Incidental Subtotal........................................................................................................
Construction and Incidentals Subtotal...................................................................
Less Developer Contributions .......................................................................................
Total Construction and Incidentals Assessed to District ............................................
Less Cash Prepayments .................................................................................................
Net Costs Bonded For ..............................................................................................
Other Costs
Underwriter Discount.....................................................................................................
Debt Service Reserve Fund ...........................................................................................
Total Bond Issuance Costs .........................................................................................
TOTAL BOND AMOUNT ............................................................................................
Total
$ 602,254
117,054
150,704
170,586
104,060
S 1,144,658
$ 738,230
365,939
23,000
8,100
79,200
35,000
20,000
20,000
17,428
6,000
9,000
22,000
1,000
10,000
S 1,354,897
$ 1,144,658
1,354,897
S 2,499,555
(769,916)
S 1,729,639
0
S 1,729,639
$ 59,291
187,434
$ 246,725
S 1,976,364
/tJ "/:J- //()-71
THE CIIT OF CHULA VISTA PARIT DISCLOSURl:; STATEMENT
Statement of disclosure of certain o\\.l1ership 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. List the names of all persons having a financial interest in the contract, i.e., contractor,
subcontractor, material supplier.
STONE & YOUNGBERG
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. .
Kenneth E. Williams Ronald D. Goodman
Scott C. Sollers L. William Huck
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.
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.JL If yes, please indicate person(s):
5. Please identify e<Jch and every person, including any agents, employees, consult<Jnts or independent
contractors who you h<Jve assigned to represent you before the City in this m<Jtter.
L. William Huck John MurDhv
Rami ro Albarran Robert Wha 1 en
(of Stone & Youngberg) (of StradlinG. Yocca. Carlson & Rauth)
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to <J
Councilmember in the current or preceding election period? Yes _ No L If yes, state which
Councilmember(s):
Pl.'rcon is defined as: "Anyindiddllnl,jirm. co.pnrmerslzip,joinl \'CnlUrC, nssocinrion, socinl club,frntcrnnl orgnnizmion, corporntiOIJ.
. ('SitUi', n"us!, recch'er, syndicflte, this nnd (111)' other cOllnT)~ Cify tlnd cOLln17)~ city, nwu;cipnli'y, district or other pOliTical sllbdi~'J:Sivll,
or nllY olher grOllp or comb;llm;on nClillg ns nllllil."
D:lIc:
7~ (0 (ffV
(:>:OTE: Allach additional p3ges as ncccss3TY)
Signature of contractor/applicant
JI/~/.3
STONE & YOUNGBERG
Print or type nnme of contractor/applicant
(Ih"\.I~~'lJ: J 1."::'n')ll)
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$1,976,364
CITY OF CHULA VlST A
Assessment District No. 9Z-Z
(Auto park)
L1mit.d Obliaation Improvement Bonds
BOND PURCHASE AGREEMENT
August _, 1994
Honorabl".Mayor and City. Council Members
City {)f Chula Vista
Ch\lla Vista, California
Dear Mayor and Council Members:
Stone & Youngherg (the .Underwriter"), acting not as a fiduciary or agent for you, but
on behalf of itself, offer~ tv t:nt"r into this Bond Purchase Agreement with the City of Chula
Vista, California (the "City"), which upon acceptance will be binding upon the City and upon the
Underwriter. This offer i~ mane. ~lIbj~ct to the City's acceptance by the execution of this Bond
Purchase Agreement and ilS delivery to the Underwriter at or before 11:59 p.m., local time, on
the date set forth hereinabove. and, if not so accepted, will be subject to withdrawal by the
Underwmer upon notice delivered 10 the City at any time prior to the acceptance hereof by the
City.
I. Purchase. Sale and Delivery of the Bonds.
(a) Subject to the terms and conditions and in reliance upon the
representations, warranties and agreements herein set fOrtil, the Underwriter hereby agrees to
pur~h~s" from the City, and the Ctty hereby agrees to sell to the Underwriter, all (but not less
than all) of the City of Chula Vista Assessment District No. 92.2 (Autopark) Limited Obliiation
Improven1~nt Bonds (the "Bonds"). in the nggrCJatc principal amoullt uf $1,985.683, dated
August I 1994, bearing interest from said date (payable on March 2 and September 2 in each
year commencing on March 2, 1995) at the rates per annum and maturing on the d~res and in the
amounts set forth or described in Exhibit A hereto. The purchase price for the Bonds shall be
$ , representing S of aggregate principal amount, less an underwriter's
discount of $ , Th" Bonds shall be substantially in the form described in, shall be
issued and secure.d under the provisions of, and shall.be payable and be subject to redemption as
provided in, a bond indenture dated Aug\l~1 1. 1994 (the "Indenture") and the Improvement Dond
Act of 1915. constituting Division 10 of the Streets and Highways Code of the State of California
(the "1915 Act").
(b) The City has heretofore approved and authorized the distribution Of the
preliminary nffid~1 statement ro!latinll to Ihe Bonds dated July _, 1994 (the 'Pn,llminary Official
/D~ 7.2.
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Statement"); and by its execution of this Bond Purchase Agreement it hereby approves and
authorizes the distribution of a final official statement consistinl: of the Preliminary Official
Statement with such changes thereto as shall be agreed upon by the Cit)', its Bond Counsel, and
the Underwriter (the "Official Statement"). The City deems the form of the Preliminary Ofticial
Statement to be final for purposes of Securities and El'.change Commission Rule i5c2-12; and it
is a condition of the offer of the Underwriter made hereby that the Ciry deliver to it not to exceed
250 copies of the Official Statement within seven hu~ine" ti~ys of the date hereof. The City
hereby allthori<:es the Underwriter to use and distribute in connection with the offer and sale of
the Bonds: the Preliminary Official Stmement, the Official Statement, the Indenture, this Bond
Purchase Agrc::crlllmt and all Information contained herein, and all other documents, certificates
and statements furnished by the Cit), to the Underwriter in connection with the transactions
contemplateti hy this Bond Purchase Asreement.
. (c) Except as the City and the Underwriter may otherwise agree, the City will
deliver to the Underwriter, at 9;00 a.m. local time, on August _, 1994 or such later date as may
be acceptable to the Underwriter (the "Closing Date"): (i) at the offices of The Depository Trust
Company in New York, New Yurk, or at such other location as may be designated by the
Underwriter, the Bonds, in definitive form (all Bonds being lithographed on steel engraved
borders and be.'U'ing CUSIP numher,~). duly E'xecuted by the City in the manner provided for in
the Indenture and the 1915 Act; and (ii) at the offices of Brown, Diven & Helllschke ("Bond
Counsel"), or at such other location as may be designated by the Underwriter, the document.~
hereinalter mentioned; and the Underwriter will accept such delivery and pay the purchase price
of the Bonds in Los Angeles clearinghouse funds (such delivery and payment being herein
referred to as the "Closing"). The Donds shall be U1C1I.lt: available to the Underwriter not later
than 24 hOl\(s prior to the Closing Date for the purposes of inspeCtion and packaging. The Bonds
shall be in fully registered form and shall be registered in accordance with instnlctions to be
supplied by the Underwriter at least 72 hours prior to the Closing Date.
2. Reoresentation. Warranties and A~reements of the City. The City represents and
warrants to and agrees with the Underwriter that:
(a) The City is duly organized and validly existing as a municipal corporation
of the State of California and has, and at the Closing Date will have. fulllef.~l right, power and
authoriry (i) to enter into this Bond Purchase Agreement, (ii) to issue, sell and deliver the Bonds
to the Underwriter as provided herein, and (iii) to carry out, give effect to and consummate thl:
trllnsactions contemplated b)' this Bond Purchase Agreement, the Indenture, the Official Statement
and any agreements referred to therein.
(b) The City has complied with, and will at the Closing Date be in compliance
in all respects with the 1915 Act, the Municipal Improvement Act of 1913, constiMing Divi~ion
12 of the Streets and Highways Code of the State of California (the "1913 Act"), and all other
applicable laws and agreements.
(c) The City has, or prior to the Closinl: Date, will have, duly and validly: (i)
approved and authorized the Indenture. the Bonds. thi~ Bond Purcha.~e Agreement. the Official
Statement and any other applicable agreements; and (ii) authorized and approved the performance
by the City of its obligations contained in. and the taking of any and all action as may be
necessary to carry out, give crrc:ct to anel consummate the transactions contemplated by, each of
rvoL:16&16_2121 TBD.TaD
10 - 7 3
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said documents. At the Closing Date (assuming due authorization. execution and delivery by the
other parties thereto, where necessary) the Bonds. the Indenture, this Bond Purchase Agreement,
and any other applicable 8&ro:CIlU:mts will constitute the valid, legal and binding obligations of the
City, enforceable in accordance with their respective'terms, subject to bankruptcy. insolvency and
other laws affecting the enforcement of creditor~' dshts in general and to the applkation of
equitable principles if equitable remedies are sought.
(d) The City is not, and as of the Closing Date will not be. in breach of or
default under any law or administrative rule or regulation of the State of California or the United
States of America, or of any department, divisiun, agency or instrumentality of either thereof. or
any applicable court or administrative decree or order or any loan agreement. note, indenture,
contract. agreement or other instrument to which rhe City is party or is otherwise subject or
bound which breach or default would have a material adverse affect on the City's abilities to
perform its obligations under this Bond Purchase Agreement. the Indenture, the Bonds, the 1913
Act, th~ 1915 Act, and the contract or contracts for the acquisition of the public improvements
which will be financed with the proceeds from the sale of the Bonds (collectively, the
"Contr~~ts"): and the execution and delivery of the Bonds. Ihe Indenture. this Bond I'urchase
Agreement. the Contracts, any other applicable agreements and the other instruments
contemplated by any of such documents to which the City is a pan)'. and compliance with the
provisions of each thereof, will not conflict with or constitute a breach of or default under any
applicable law or administrative rule or regulation of the State of California or the United States
of America. or of any department. division, agency or II\strumentality of either ulerCl,)f, or any
applicable court or administrative decree or order or any loan agreement, note. jnd~nlure,
contract. agreement or other instrument 10 which the City is a party or is otherwise subject or
bound.
4
(e) All approvals, consents, authorizations. elections and orders of or filings
or registrations with any governmental authority. board, agency or commission having
jurisdiction which would constinne a conditioll prt:Cedent to, or the absence of which would
materially adversely affect. the performance by the City of its obligations hereunder and under
the 1913 Act, the 1915 Act. lhe Indenture. the Bonds. the Contracts. and any other applicable
agreements have been or will be obtained and are or will be in full force and effect.
(t) The Bonds, the Indenture, the Contracts and other applicable agreements
conform as to form and tenor to the descriptions thereof cont.1ined in the Oflicial Statement; and
rht F.lond~. when delivered to and paid for by the Underwriter on the Closing Date as prOVided
herein, will be validly issued and outstanding and entitled to all the benefits and security of the
19\ S Act and the Indenture,
(g) Except as otherwise set forth in the Official Statement, the City has
obtained all 4iPproval~ elml permits necessary to proceed with the acquisition of the public
improvements constituting the improvement project as described in the Official Statement (the
"Improvement Project").
(11) The special assessments describe<! in tJle Official Statement Itave been dilly
and lawfully levied under and pursuant to the 1913 Act; and each such assessment constitutes a
valid and legally binding lien on the pareel of land in Assessment District No. 92"2 (the
"Assessment Di~rrict") on which it "'at: confirmed. The Cicy has 14kcn. or will prior to the
"""'16180_Z \lITIlU.....D
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Closing Date have taken, all actions nece$sary lU cause the County to include on the l!l!l4-95 tax
bills of the landowners within Assessment District No. 92-2 assessment installments equal to debt
service on the Bonds and on the City of Chula Vista Limited Obli~ation Improvement Bonds,
Series A Assessment District No. 92-2 (Autopark) (the 'Series A Bonds") due on March 2, 1995
and September 2, 1995. Except as disclosed in the Official Statemem, there are no outstanding
assessment liens or specialtal\es against the land in the Assessment District which are senior to
the assessment liens referred to in this paragraph.
(i) The Official Statement is and will be, as of the Closing Date, true, correct
and complete in all material respects: and the Official Statemenr r1n/'s not and will not, as of the
Closing Date, contain any untrue statement of a material fact or omit to state a material fact
required to be stated therein or necessary to make the statements therein, in light of the
circumstances under whiCh they were made, not misleading.
(j) During the period commencing on the date hereof and ending on the dale
90 day's following the Closing Date, if any event shall occur as a result of which it may be
necessary to supplement the Official Statement in order to make the statements therein. in liehl of
the circumstances existing at such time, not misleading, the City shall forthwith notify the
Underwriter of any such event of which it has knowledge and, if such event requires an
amendment or supplemem 10 llle Official Statement, the City will at its expense amend or
supplement the Official Statement in a form and manner jointly approved by the City and the
Ul\derwriter.
(k) The City has taken all actions required to be taken by it so that the unpaid
as$essments in the Assessment District and the imerest thereon and the funds and accounts
established pursuant to or referred to in the Indenture and the 1 Cj 15 Act are and will be trust
funds for the' payment ohhc principal of and redemplion prt:mium and imerest on the Bonds,
subject in all cases to the provisions of the Indenture and the 1915 Act permining the application
thereof for the purposes and on the terms and conditions set forth thp.rein.
(I) No action, suit, proceeding, inquiry or investigation, at law or in equity,
before or by any COurt, regulatory agency, or public board or body is pending, or to the
knowledge of the City, threatened, in any way affectins: the existence of the City or the titles of
it.~ officers to their respective offices or seeking to restrain or to enjoin the issuaJ1'c, sale OJ
delivery of the Bonds, the application of the proceeds thereof in accordance with the Indenture
and the 1915 Act, or the collection or application of assessments pled2ed or to be pledged 10 p~y
the principal of and interest on the Bonds, or the pledge thereof, or in any way contesting or
affecting the validity or enforceability of the Bonds, the Indenture, any other applicable
agreements, this Bond Purchase Agret:ment, or any action of the City contemplated by any of
said documents, or in any way contesting the completeness or accuracy of the Official Statement
or the powers of the City or jg authority with respect to the Bonds, the Indenture, any applicable
agreements, this Bond Purchase Agreement or any action of the City contemplated by any of said
documents, or in any way seeking to erUoin or restrain the City from approving the development
of any of the property within the Assessment Distriet, or which would advenely affect the
exclusion from gross income for purposes of federal income tal\arion of interest paid on the
Bonds or the exemption of such interest from California persunal income taxation; nor to the
knowledge of the City, is there any basis therefor.
"".;16886_2121 TaD.TBD
16-1 :)
U7f27194
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(m) The City will turnish such information, execute such instruments and take
such other action in cooperation with the Underwriter as the Underwriter may reasonably request
tn qualify the Bonds for offer and sale under the "Blue Sky" or oUler stlCurities laws and
regulations of such states and other jurisdictions of the United States as the Underwriter may
designate, provided that the City shall not be required to eon~ent to service of proce.. in any
jurisdiction and provided further that no such action shall be at the expense of the City. It is
understood that the City is not responsible for compliance with or the consequences of failure to
comply with applicable .~lue Sky" laws.
(n) The City will apply the proceeds of the Bonds in accordance WiUl the t 915
Act. the Indenture and all other applicable documents and as described in the Official Statement.
(0) Prior to any further subdivision of land within the Assessment District, the
asSeSS1)lents on such land will be amended and the unpaid installments of said assessments will be
apportioned in accordance with the benefil~ received by the several parcelS, a1l as provided for in
Section 8730 of the Streets and Highways Code of the State of California.
(p) The City will take any and all actions reasonably necessary to assure the
continued exclusion from gross income for purposes of federal income taxation of the mterest on
the ~onds and will not take any action, or permit any action to be taken with respect to which it
may exercise control, which would result in the loss of that exclusion.
(q) ArIy certificate signed by any official of the City authori:ted to do so shall
be deemed a representation and warranty by the City to the Underwriter as to the statements
made therein.
"
3. Conditions to the Oblil!ations ot the Underwriter. The obligations of the
Underwriter to accept delivery of and pay for the Bonds on the Closing Date shall be subject, at
the option of the llnc1erwriter, to the accuracy in all mnteriaJ respects of the represelllaliull~ and
warranties on the part of the City contained herein as of the dati: hereof and as of the Closing
Date, to the accuracy in all material respects of me statements of the oflicers and other officials
of the City, as well as of the other individuals referred to herein, made in any certificates or
other documents furnished pursuant to the provisions hereof, to the performance by the City of
its obligations to be performed hereulllJ"r at or prior to the Closing Date and to the following
additional conditions:
(a) At the Closing Date, the Indenture and any other applicable agreements
shall be in filII force and effect, and shall not have been amended. modified or supplemented,
except as may have been agreed to in writing by the Underwriter; and there shall have been taken
in connection with the issuance of the Bonds and with the transactions contemplated thereby and
by this Bond Purchase Agreement, all sllch a.;tions ~, in the opinion of Bond Counsel shall be
necessary and appropriate.
(b) At the Closing date. the Official Statement shall be in form and substance
satisfactory to the Underwriter.
(c) At the Closing Date, taxes and assessments shall not be delinquent on
properties within the Assessment District which beM more than five percent (5 %) of the
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aggregate amount of the assessment then remaining unpaid, except as specifically approved in
writing by the Underwriter.
(d) Between the date hereof and the Closing Date, the market price or
marketability of the Bond.< .hall not have been materially adversely affected, in the judgment of
the Underwriter (evidenced by a wrinen notice to the City terminating the obligation of the
Underwriter to accept delivery of and pay for the Bonds). by reason of any of the following:
(i) legislation introduced in or enacted by the Congress or
recommended to the Congress by the Prc5ident of the Unilt:4.1 States, the Department of the
Treasury, the Internal Revenue Service, or any member of Congress. or favorably reported for
passage to either House of Congress b)' any committee of .""h House to which such legislation
has been referred for consideration, or a decision rendered by a court established under Article
III of the Constitution of tile United States of America or by the Tax Coun of the United States
of An\e:rka, or an order, ruling, regulation (final, temporary or propose<l), press release or other
form of notice issued or made by or on behalf of the Treasury Department of the United States of
America or the Internal Revenue Service, with the purposc or effect, directly or inuirllCtly. of
imposing federal income taxation upon such interest as would be received by any holders of the
Bonds;
(ii) legislation introduced in or enacted by the Congress or an order,
decree or injunctioll i>sue:u by any COUrt of competent juriSdictIon, or an order. ruling, regulation
(fmal. temporary or proposed), press release or other form of notice issued or made by or on
behalf of the Securities and Exch~ng~ Conuni~sjon, or any other governmenUll agency having
jurisdiction of the subject maner, to the effect that obligations of the general character of the
Bonds, or the Bonds, including any or all underlying arrangements, are not exempt from
registration under or other requirements of the Securities Act of 1933. as amended, or that the
Indenture is not exempt from qualification under or other requirements of the Trust Indenture Act
of 1939, as amended, or that the issuance:, offering 01 sillc of ubligations of the general character
of the Bonds, or of the Bonds, including any or all underlying arrangements, as contemplated
hereby or by the Official Statement or otherwise would he in violation of the federal 6ecurities
laws as amended and then in effect;
(ili) a general suspension of trading in securities on the New York
Stock Exchange, or a general banking moratorium declared by federal, St.1te of New York or
!llllle of California officials a\.lthorized to do so, or a war or other national calamity;
(iv) the withdrawal or downgradin~ of any ratil\2 of any sp.c.llrities of
the City by a national rating agency;
(v) any amendment to the federal or California Constitution or action
hy any federal or California c.ourt, legislative body, regulatory body or other authority materially
adver~ely affecting the taX statu~ of the City, its property, income, securities (or intcrC$t thereon),
the validity. priority or enforceability of the assessments or the ability of the City to acquire and
construct the Improvement Project as contemplated by the Indenture and the Official Statement;
or
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, (vi) any event. occurring , or Information becoming Ienown which, in the
judgment of the Underwriter after consultation with the City, makes untme in any material
respect any sUlI"ment or Information contained in the Official Statement, or has the effect that the
Official Statement contains any untrue statement of material fact or omits to state a material fact
requirp.d In he stated therein or neces.~ary to make the statements therein, in the light of the
circumstances under which they were made, not misleading,
(e) At or prior to the Closing Date, the "Underwriter snail have recdv.,u twO
counterpart originals or certified copies of the following documents, in each case satisfactory in
form and subst:lnC8 to the "Underwriter:
(i)
Manager or his designee;
The Official Statement, executed on behalf of the City by its City
(ii) The Indenture, substantially in the form duly approved by the City,
which Indenture shall not have been further amended or modified (except as may have been
agreed to by the Unrlerwriter) and shall be in full force and "ffect as of the Closing Date;
(iii) An unqualified opinion, dated the Closing Date and addressed to
the City, of Bond Counsel to the effect that the Bonds are the valid, IC~<lI, binding obligations of
the City and that the interest thereon is exclud~ from gross income for purposes of federal
in<;ome taxes, is not a specific preference item for purposes of f".tIpr~1 individual and corporate
alternative minimum taxes. and is exempt from personal income taxes of the State of California,
all as provided in the Official Statement. together with a letter from Bond Counsel, dated the
Closing Date and address~ to the Underwriter, to the effect thaI such opinion may be relied
upon by the UMerwriter to the same extent as if such opinion were addressed to it;
(iv) An opinion, dated the Closing Date and addressed to the
Underwriter. of Rond Counsel to the effett that (1) this Bond Purchase Agreement has been duly
authorized, executed and delivered by the City, and, assuming due authorization, execution and
delivery by the Underwriter. constitutes a legal. valid and binding agreement of the City,
enforceable in accordance with ItS terms, subject to banleruptcy, insulv"lI~Y. and oth<;r laws
affecting the enforcement of creditors' rights in general and except as sllch enforc.eability may be
limited by the application of equiuble principles if equilanlp remedies are soul!ht: (2) the Bonds
are e)(empt from the registration requirements of the Securities Act of 1933. as amended; (3) the
Indenture is exempt from qualification under the Trust Indenture Act of 1939, a.s amended:
(4) the Bonds and the Indenture conform as to form and tenor to the descriptions thereof
contained in the Official Statement, and the statements on the cover of the Official Statement and
unoer the captions "INTRODUCTION,' 'WI:. DONDS,' "LEGAL ~1ATTERS . Genera',"
'LEGAL MATTERS.. Tax Matters' and "APPENDIX B" present a fair and accurate summary
of the information contained therein: (5) the Bonds and the Indenture constinlle legal, valid and
binding agreements of the City enforceable in accordance with their terms except as such
enforceability may be Iimit~ by bankruptcy, insolvency and other laws affecting the enforcement
of creditors' rights In general anctthe application of equil<tuh:: principle- if equitable re.medics are
sought; (6) the moneys to be held from time to time in the Redemption Fund referred to in the
Indenture, including we investmenU thereof. ar~. ant! will be trust funds for t.he payment of the
principal of and redemption premium and interest on the Bonds. subJect in aU cases to the
provisitlns of the Indenture permitting the application thereof for the purposes and on the terms
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and conditions set forth therein; and (7) the assessments in the Assessment District have been
duly and lawfully levied under and pursuant to the 1913 Act and constitute valid and legally
binding liens on the respective properties upon which they were levied;
(v) An opinion, dated the Closing Date and addressed to the
Underwriter, of Stradling, Yocca, Carlson & Rauth, a Professional Corporation, to the effect that
(i) the Bonds are exempt from the registration requirements of the Securities Act of 1933, as
amended, (ii) the Indenture is exempt from qualification under the Trust Indenture Act of 1939,
as amended, and (Iii) without havini undertaken to determine independently the accuracy or
completeness of the statements contained in the Orficial Statement, but on the basi> of their
participation in conferences with representatives of the City. Bond Counsel, the owners of
property within the Assessment District,the Underwriter and others. and their examination of
certain documents, nothing has come to their attention which would lead them to believe that the
Official Statement as of its date and as of the Closing Datc, contained any untrue statement of a
material fact or omitted to state a material fact required to be stated therein or n~ce.sary to ma~c
the statements therein. in the light of the circumstances under which they were made, not
misleading (e~ce}ll that no opinion or belief nced to be exprcS'ed as to any r.ppennice~ and any
other financial and statistical data contained in the Official Statement);
(vi) Such memoranda of Stradling, Yucca, Carlson & Rauth, a
Professional Corporation, or of other counsel specified by the Underwriter. as to "Blue Sky"
matters as the Underwriter may reasonably require.
(vii) A cp.nificate, dated the Closing Date and signed by the City
Manager of tlJF City or his designee, to the effect that (I) the rcpresentations and warranties of
the City contained herein are tnle and correct in all material re~pe~ts on and as of the Closing
Date with the same effect as if made on the Closing Date; (2) to the best knowl.,ug~ of sai.1
officer, no event has occurred since the date of the Ofticial Statement which should be disclosed
in the Offici.11 Statement for the purpose for which it is to be use" or which it is necessary to
disclose therein in order \0 make the statements and information therein not misleading in any
material respect; and (3) the City has complied with all the agreements and satisfied all the
conditions on its pan to be performed or satisfied under this Bnnd purchase Aireement. the
Indenture, the 1913 Act, the 1915 Act, and the Official Statement at and prior to the Closing
Date;
(viii) An opinion, dated the Closinj1. Date and addressed to the
Underwriter of the City Attorney, to the effect that (I) no action, suit, proceeding, inquiry or
IIlvestiiation, at law or in equity. before or by any coun, regulatory agency. public board or
body, with respect to which the City has been properly noticed. is filed again$! the Cit)' nor. to
his current actual knowledge, is threatened against the City nor, to his currem actual knowledge.
is the subjeCt of any investigation or inquiry of the City. which. in any of th~ ahove
circumstances. in any way affects the existence of the City or the titles of its offjc~rs to their
rp.s~ctive offices. or seeks to restrain or to enjoin the issuance. ~ale or delivery of the Bonds. the
application of the proceeds thereof in accordance with the Inuenture. or tile collection or
application of thc assessments and the interest thereon to pay the prinCIpal of and interest on the
Bonds, or in any way contestS or affc:<;L' Lhe validity or cnfurceability of the Bonds, the
Indenture, this Bond Purchase Agreement. the Contracts. or any other applicable agreements or
any actiOl\ of lhp. City contemplated by any of said documents, or in any way contests the
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completeness or accuracy of the Official Statement or the powers of the Ciry or its authority with
respect to the Bonds, the Indenture, this Bond Purchase Agreement, the Contracts, or any other
applicable agreement, or any action on the part of the City contcmplated hy any of said
documents, or in any way seeks to enjoin or restrain the City from approving the development of
the propcrty within the Asse.sment District, or which challenges the exclusion of inter....' p"iel on
the Bonds from gross income for purposes of federal income taxation or the exemption of such
interest from California personal income taxation; (2) the City is duly organized and validly
existing as a municipal corporation of the State of California, with full legal right, power and
authority to issue the Bonds and to perform all of its obligations under this Bond Purchase
Agreement, the Imlentun:, the Bonds, and the Contract5: (3) thc City has duly authorized,
executed and delivered the Indenture, this Bond Purchase Agreement and the Official Statement;
(4) upon ext.cuflnn and delivery by the City (assuminll due authorization, execution and delivery
by the other parties thereto, where necessary), the Indenture, this Bond Purchase Agreement and
the Contr;1cts will constinne legal, valid and binding agreements of the City enforceable in
accordance with their terms; provided, however, that the opinions expressed in this
Paragraph (viii) with respect to this Bond Purchase Agreement are expressly subject to and
limited by any negligcnce, wrongdoing or failure by the Underwriter to comply with all ";tlllfory
or other legal requirements applicable to the sale or issuance of the Bonds; (5) to his current
actual knowledge, the City is not in breach of or default under any law or administrative rule or
regulation of the State of California or the United States of America, or of any department,
division. agency or instrumentality of either thereof, or any applicable court or administrative
decree or order or any loan agreel1lClll, 1l0~e, indennm:, contract, agrccmcnt or other instrument
to which the City is party or is otherwise subject or bound which breach or default would have a
material adverse "ffeet on the Ciry's abilities to perform its obl1gations under this Bond Purchase
Agreement, the Indenture, the Bonds, the 1913 Act, the '915 Act, and the Contracts; (6) \0 his
current actual1mowledge, the execution and delivery of the Bonds. the Indenture, this Bond
Purchase Agreement, the Contracts, any orner applicable agreements and The urn!:'r ills~rUlllellts
contemplated by any of such documents to which the City is a party, and compliance with the
provisions of cach the.reof, will no! conflict with or constitute a bre<,ch nf or default under any
applicable law or administrative rule or regulation of the Stare of Califl)rnia or the United States
of America. or of any department, division. agency or instrurnentality of either thereof, or any
applicable court or administrative decree or order or any loan agreement, note, indenture,
contract, agreement or other instnlment to which the City is a party or is otherwise subject or
bound; (7) all approvals. cun.cnl:>, authorizations, elections and orders of or filings or
reiislrations with any governmental authority, board, agency or commission having jurisdiction
which would constitute a condition precedent to. or the absence of which would materially
adversely affect, the performance by the City of its obliiations hereunder and under the 1913
Act, the 1915 Act, the Indenture, the Bonds, and any other applicable agreements have been or
will be obtained and are or will be in lull force anCl effect; anCl (8) b.\SeO upon lhc iuror ma~ioll
made available to him in the course of his participation in the preparation of the OffIcial
SLatelllcnt llnd without having unelertaken to determine independently ('I" assuming any
responsibility for the accuracy, completeness or fairness of such information or the statements
contained in the Official Statement, the Official Statement, as of its date and as of the Closing
Date, does not contain any untrue statement of a material fact or omit \0 state a material fact
required to be stated therein or necessary to make the statements therein. in the light of the
circumstances unCler which ~liey were made. not misleading (except that no opinion or betief need
be expressed as to any appendices and any other financial and statistical dat., contained in the
Official Statement);
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Each of the foregoing opinions may be made subject to and be limited by
bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the
enforcement of creditors' rights in general, and lU the aflfllica\ioll of equitable principles if
equitable remedies are sought, including, without limitation, concepts of materiality,
reasonableness, sood faith and fail' dealing and rhe (ln~~ihility of the unavailability of specific
performance, injunctive relief or other equitable remedies, regardless of whether considered in a
proceeding in equity or in law.
Ox) A certificate, dated the Closing Date of The Samppala Group (the
. ApprAiser') to thc cffcct that (1) the summary of its Apprai~al appended to the Official
Statement has been so appended with its permission, and (2) neither the aforesaid summary of the
Appraisal nor the material contained in the Official Statement under the heading 'SPECIAL RISK
FACTORS. Property Values" contains any untrue statement of a material fact or omits to state a
material fact required to be Stated therein or necessary to make the statementS therein, in light of
Ute circumstances under which they were rrulue, Hul lIli~leading;
(x) (A cl'rtificate, d~teilthe Closing Date of TorStan. Inc.. (the
"Environment.11 Consultant") to the effect that the material pertaining to IH\7.al'dous substances
contained in the Official Statement under the heading "SPECIAL RISK FACTORS - Hazardous
Substances" does not contain any untrue statement of a malenal fact or omit to state a material
fact tequired to be stated therein and is not misleading;)
(xi) A certificate of the Assessment Engineer to the effect that the
material contained in the Official Statement under the captions "Description," "The Improvement
Project," "Cost Estimates," "Summary of Assessment Proceedings" and "Method of Spreading
Assessments,"'\mder the heading "THE DISTRICT," does not contain any untrue ~tatement of a
material far.t or omIt to state a nlaterial fact required to b~ ~\.led therein or necessary to make the
statements therein, in light of the circumstances under which they were made, not misleading;
(xii) Such certificates from the owners of property within the
Assessment District as the Underwriter may reasonably request;
(xiii) A transcript of all proceedings relating to the authoriution,
lssuwlce, sale and delivery of thc Bonds; llI1d
(xiv) Such additional legal opinions, certificates, proceedings,
instruments and other documents as the Underwriter or Bond Counsel may reasonably request.
All Ute opiniOns, letters, certificates, instrumenL~ llnd other documents mentioned in this
se<..'tion or elsewhere in this Bond Purchase Agreement shall be deemed to be in compliance with
the terms hereof if, and only if, they are in form ~nc1 ~lIh~tance satisfactory to the Underwriter.
If any of the conditions to the obligations of the Underwriter contained in this section or
elsewhere in this Bond Purchase Agreement shall not have been satisfied when .ulll11S required
herein, allllbligations of the Underwriter hereunder may be terminated, at, or at any time prior
~(l, the Closing Date; by written notice to the City, except that the resp~.ctive nhligations of the
Underwriter and the City set forth in Section 4 hereof shall continue in full force and effect.
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4. Exoenses.
(a) Whether or not the Underwriter ae<.:\:lll) delivery of and pay fOT the Bonds
as set forth herein, the Underwriter shall be under no obligation to pay, and the City shall payor
cause to be paid out of any legally available funds of rhe City all expenses incident to the
performance of the City's obligations hereunder, including but not limited to: the cost of
printing, engraving and delivering the Bonds to the Underwriter; the cost of printing, distribution
and delivery of the Preliminary Official Statement and the Official Statement III such reasonable
quantities as may be requested by the Underwriter; the fees and disbursements of the paying
agent and n::jlistrar for the Bonds and Bond Counsel, llnd any aceo"ntants, enllineers. appTaiser~
or other experts or consultants the City has retained in connection with the Bonds; and any other
expenses not specifically enumerated in para~raph (b) of this Seclion incurred in conneLtion with
the issuance of the Bonds,
(b) Whether or not the Bonds art: delivered to the Underwriter as set forth
herein, the City shall be under no obligation to pay, and the Underwriter shall pay the cost or
preparation of any "Blue Sky" or legal investment memnr:mda; expenses to Qualify the Bonds for
sale under any "Blue Sky. or other sUIte securities laws; and all other expenses incurred hy the
Underwriter in connection with its public offering and distrihution of the Bonds (except those
specifically enumerated in paragraph (a) of this Section), including the fee payable to the
California Debt Advisory Commission and the fees and disbursements of its counsel and any
advertising e"pensc:s.
S. Notices. Any notice or other communication to be given to the City under this
Bond purchas~ Agreement may be given by delivering the same in writing to City Manager, City
of Chula Vista, 276 Fourth' Avenue, Chula Vista. California 92010, and with a copy to Brown.
Diven & Hentschke, uno High Bluff Drive, Suite 240, S~lI Diego, California 92130; tlnd nny
notice or other communication to be given to the Underwriter under this Bond Purchase
Agreement mllY be given by delivering the same in writing III Stone & Youngberg, 4350 La Jolla
Village Drive, Suite 840, San Diego, California 92122, Attention: L. William Huck.
6. Parties in Interest. This Bond Purchase Agreement is made solely for the benefit
of the City and the Underwriter (induding successors or assignees of the Underwriter) and no
other person, lndudillg bulnot limited to IIn)' owner of land within the A"t'ssmenl District. shall
acquire or have any right hereunder or by virtue hereof.
7. Survival of Reoresentations and Warranties. The representations and warranties
of the City set forth in or made pursuant to this Bond Purchase Agreement shall not be deemed to
have been discharged, satisfied or otherwise rendered void by reason of the Closing or
termination of this Bond Purchase Agreement and regardless of any investigations made by or on
behalf of the Underwriu:r (or statements as to thl! r~ult~ of such investigations) concerning such
representations and statements of the City and regardless of delivery of and the payment for the
Bonds.
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8, ' Effective, This Bond Purchase Aireement shall become effective and binding
upon the respective parties hereto upon the ex.ecution of the acceptance hereof by the City and
shall be valid and enforceable as of the time of such acceptance.
Very truly yours,
STONE & YOUNGBERG
By:_ .
Its: Authorized Officer
Accepted :
CITY OF CHULA VISTA
By
Director of Finance
.
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EXHIBIT A
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07127/94
BOND INDENTURE
This Bond Indenture (the 'Indenture') dated as of August I, 1994, is entered into and
approved by the City of Chula Vista (the 'Issuer') to establish the terms and
conditions pertaining to the issuance of bonds in a special assessment district known
and designated as ASSESSMENT DISTRICT NO. 92-2 (AUTO PARK) (the 'Assessment
District') .
SECTION 1. Issuance, Designation and Amount. Pursuant to the provisions of the
'Improvement Bond Act of 1915', being Division 10 of the Streets and
Highways Code of the State of California, as amended (the 'Act'), the
Issuer does hereby authorize and direct the issuance and sale of a
seri es of bonds to represent the unpaid assessments on certain pri vate
property within the Assessment District, which bonds are hereby
designated as the City of Chula Vista Assessment District No. 92-2 (Auto
Park) limited Obligation Improvement Bonds' (the 'Bonds').
SECTION 2. Unpaid Assessments. The Issuer shall determine the assessments which
are unpa i d and the aggregate amount thereof as authori zed by Sect i on
8621 of the Streets and Highways Code of the State of Cal ifornia and
shall issue Bonds in an aggregate principal amount equal to the deter-
mined amount of unpaid assessments. Unpaid assessments means the aggre-
gate amount of unpaid assessments on nonpublic lands in the Assessment
Di stri ct.
SECTION 3. Term of Bonds. As shown on Exhibit 'A' hereto, the Bonds shall mature
a maximum of and not to exceed twenty-three (23) years from the second
day of September next succeedi ng twelve (12) months from thei r date.
The provisions of Part 11.1 of the Act, providing an alternative
procedure for the advance payment of assessments and the call i ng of
Bonds shall apply. The Bonds shall be subject to refunding pursuant to
Division 11.5 of the Streets and Highways Code of the State of
California.
SECTION 4. Registered Bonds. The Bonds shall be issuable only as fully registered
Bonds in the denomination of $5,000, or any integral multiple thereof,
except for one bond maturing in the first year of maturity, which shall
include the amount by which the total issue exceeds the maximum
integral multiple of $5,000 contained therein.
SECTION 5. Date of Bonds. The Bonds shall be dated August 1, 1994 and interest
shall accrue from that date at the rates set forth in Exhibit 'A'
hereto.
SECTION 6. Maturity and .Denomination. The Bonds shall be issued in serial and
term form, with annual maturities on September 2nd of every year
succeeding twelve (12) months after their date, until the whole is paid.
The principal amount payable each year, taking into consideration
mandatory sinking fund redemptions, shall result in approximately equal
annual debt service during the term of the issue considering the
interest rate and principal amount payable in the respective years, is
as shown in Exhibit 'A' attached hereto and in Section 9 hereto.
la, ~5
SECTION 7.
SECTION 8.
SECTION 9.
Interest. Interest is payable each March 2 and September 2 (each being
an interest payment date), commencing March 2, 1995. Each Bond shall
be of a s i ngl e maturity and shall bear interest at the rate as set
forth in the accepted bid proposal for said Bonds from the interest
payment date next precedi ng the date on wh i ch it is authent i cated and
regi stered, (i) un 1 ess said Bond is authent i cated and regi stered as of
an interest payment date, in whi ch case it shall bear interest from
said interest payment date, (ii) unless said Bond is authenticated and
registered prior to the first interest payment date, in which case it
shall bear interest from its date, or (iii) unless interest is in
default on said Bond on such date, in which case it shall bear interest
from the last date on which interest was paid in full or from its dated
date if no interest has been paid, until payment of its pri nci pa 1 sum
has been di scharged. Interest sha 11 be ca 1 cu 1 ated on the bas is of a
360 day year composed of twelve 30-day months.
Interest on said Bonds shall be paid by check mailed (or, in the case
of any owner of not less than $1,000,000 principal amount of the Bonds
who so requests in writing prior to the close of business on the
fifteenth day preceding each interest payment date, by wire transfer)
to the registered owner thereof on each interest payment date at his or
her address as it appears on the books of regi strat i on, or at such
address as may have been filed with the Paying Agent for that purpose,
as of the 15th day of the month immediately preceding said interest
payment date, whether or not such day is a business day.
Place of Payment. The principal on the Bonds shall be payable in
lawful money of the United States of America upon surrender of the Bond
at the office of Bank of America National Trust and Savings Association
in San Francisco, California, the designated registrar, transfer agent
and paying agent of the Issuer ("Paying Agent"), or such other
registrar, transfer agent or paying agent as may be designated by
subsequent Resolution of the Issuer.
Redem)tion. The first series of Bonds shall be subject to redemption
as fa lows:
A. Optional. The Bonds shall be subject to optional redemption and
payment in advance of maturity, in whole or in part, on the 2nd day
of March or September in any year, from any source of funds, at the
fa 11 owi ng redempt i on pri ces, expressed as a percentage of the
pri nci pa 1 amount redeemed, together with accrued interest to the
date of redemption:
103% if redeemed on or before September 2, 2002
102% if redeemed on March 2 or September 2, 2003
101% if rideemed on March 2 or September 2, 2004
100% if redeemed on March 2, 2005 and thereafter.
If less than all outstanding Bonds are called for optional redemp-
tion, the Issuer not less than 45 days prior to the redemption date
shall select Bonds for redemption in such a way that the ratio of
outstanding Bonds to issued Bonds shall be approximately the same
in each annual maturity insofar as possible. Within each annual
maturity Bonds shall be selected for redemption by lot.
16 ~ tb
B. Mandator Sinkin Fund. The Bonds maturing on September 2, 1027
the "Term Bon s" are subject to mandatory sinking fund redemption
by lot at a redemption price equal to the principal amount thereof,
plus accrued interest to the redempt i on date, without premi urn, on
each September 2 in the years and for the amounts listed below:
Date
(September 2)
2009 $
2010
2011
2012
2013
2014
2015
2016
2017 (maturity)
Amount
C. Partial Redemption. If less than all of the outstanding Bonds are
to be redeemed, the portion of any Bond of a denomination of more
than $5,000 to be redeemed shall be in the principal amount of
$5,000 or an integral multiple thereof, and, in selecting portions
of such Bonds for redempt i on, the payi ng Agent shall treat each
such Bond as representing that number of Bonds of $5,000 denomina-
tions which is obtained by dividing the principal amount of such
Bond to be redeemed in part by $5,000. Upon surrender of any Bond
to be redeemed in part on ly, the Payi ng Agent shall authent i cate
and deliver to the owner, as the expense of the Issuer, a new Bond
or Bonds of authori zed denomi nat ions equal in aggregate pri nci pa 1
amount to the unredeemed portion of the Bond surrendered, with the
same interest rate and the same maturity date. Such partial redemp-
tion shall be valid upon payment of the amount required to be paid
to such owner, and the Issuer and the Paying Agent shall be
re 1 eased and di scharged thereupon from all 1 i abil ity to the extent
of such payment.
D. Notice. Notice of redemption of Bonds shall be provided at least
30 days in advance of the redemption date by registered or certi-
fied mail or by personal service to the respective registered
owners thereof at thei r addresses as they appear on the regi stra-
tion books of the Registrar. Neither the failure of any registered
owner to receive redemption notice nor any defend in such notice so
given shall affect the sufficiency of the proceedings for the
redemption of such Bonds. The Issuer shall provide instructions to
the payi ng Agent to effect sink i ng fund redempt ions at 1 east 45
days prio, to each redemption date.
SECTION 10. JReservedJ..
SECTION 11. Exchange of Registered Bonds. Fully registered Bonds may be exchanged
at the offi ce of the payi ng Agent in San Franc i sco, Cali forni a, for a
like aggregate principal amount of Bonds of the same interest rate and
maturity, subject to the payment of taxes and governmental charges, if
10 ~ t 7
any, upon surrender and cancellation of this Bond. Upon such transfer
and exchange, a new registered Bond or Bonds of any authorized denomina-
tion or denominations of the same maturity for the same aggregate
principal amount will be issued to the transferee in exchange therefor.
SECTION 12. Books of Registration. There shall be kept by the Paying Agent suffi-
cient books for the registration and transfer of the Bonds and, upon
presentati on for such purpose, the Paying Agent shall, under such
reasonable regulations as it may prescribe, register or transfer or
cause to be registered or transferred, on said register, Bonds as
hereinbefore provided.
SECTION 13. Execution of Bonds. The Bonds shall be executed manually or in facsi-
mile by the Treasurer and by the City Clerk, and the corporate seal may
be imprinted manually or in facsimile on the Bonds. The Bonds shall
then be del ivered to the Paying Agent for authentication and registra-
ti on. In case an offi cer who shall have signed or attested to any of
th e Bonds by facs imi I e or otherwi se shall cease to be such offi cer
before the authenti cat ion, de I i very and issuance of the Bonds, such
Bonds nevertheless may be authenticated, delivered and issued, and upon
such authent i cat i on, de I i very and issue, shall be as bi nding as though
those who signed and attested the same had remained in office.
SECTION 14. Authentication. Only such of the Bonds as shall bear thereon a certifi-
cate of authentication substantially in the form below, manually
executed by the Paying Agent, shall be valid or obligatory for any
purpose or entitled to the benefits of this Indenture, and such certifi-
cate of the transfer agent and registrar shall be conclusive evidence
that the Bonds so authenticated have been duly executed, authenticated
and del ivered hereunder, and are entitled to the benefits of this
Indenture.
FORM OF CERTIFICATE OF AUTHENTICATION AND REGISTRATION
This bond has been authenticated and registered.
Date:
BANK OF AMERICA NATIONAL TRUST
AND SAVINGS ASSOCIATION
as Transfer Agent, Registrar and
payi ng Agent
By:
SECTION 15.
Negotiability, Registration and Transfer of Bonds. The transfer of any
Bond may be registered only upon such books of registration upon
surrender thereof to the Paying Agent, together with an assignment duly
executed by the owner or his attorney or legal representative, in satis-
factory form. Upon any such registration of transfer, a new Bond or
Bonds shall be authent i cated and de livered in exchange for such Bond,
in the name of the transferee, of any denomination or denominations
authorized by this Indenture, and in an aggregate principal amount
equal to the principal amount of such Bond so surrendered. In all
cases in which Bonds shall be exchanged or transferred, the Paying
to-~ l'
Agent shall authenticate at the earliest practical time, Bonds in accor-
dance with the provisions of this Indenture. All Bonds surrendered in
such exchange or registration of transfer shall forthwith be cancelled.
The Paying Agent may make a charge for every such exchange or registra-
tion of transfer of Bonds sufficient to reimburse it for any tax or
other governmental charge required to be paid with respect to such
exchange or registration of transfer. No transfer of fully registered
Bonds shall be required to be made between the fifteenth (15th) days
preceding each interest payment date, nor during the fifteen (15) days
preceding the selection of any Bonds for redemption prior to the
maturity thereof, nor with respect to any Bond which has been selected
for redemption prior to the maturity thereof.
SECTION 16. Ownership of Bonds. The person in whose name any Bond shall be
registered shall be deemed and regarded as the absolute owner thereof
for all purposes, and payment of or on account of the pri nc i pa I and
redempt ion premi urn, if any, of any such Bond, and the interest on any
such Bond, shall be made only to or upon the order of the registered
owner thereof or hi s I ega I representat i ve. All such payments sha 11 be
valid and effectual to satisfy and discharge the liability upon such
Bond, i nc I udi ng the redempt i on premi urn, if any, and interest thereon,
to the extent of the sum or sums so paid.
SECTION 17. Mut i I ated, Destroyed, Stolen or Lost Bonds. In case any Bond secured
hereby shall become mutilated or be destroyed, stolen or lost, the
Issuer shall cause to be executed and authenticated a new Bond of like
date and tenor in exchange and substitution for and upon the cancella-
tion of such mutilated Bond or in lieu of and in substitution for such
Bond mutilated, destroyed, stolen or lost, upon the owner's paying the
reasonab I e expenses and charges in connecti on therewith, and, in the
case of a Bond destroyed, stolen or lost, his fil ing with the Paying
Agent and Issuer of evidence satisfactory to them that such Bond was
destroyed, stolen or lost, and of his ownership thereof, and furnishing
the Paying Agent and Issuer with indemnity satisfactory to them.
SECTION 18. Cancellation of Bonds. All Bonds paid or redeemed, either at or before
maturi ty, sha 11 be cancelled upon the payment or redempt i on of such
Bonds, and delivered to the Issuer. Upon written direction from the
Issuer, Bonds may be destroyed by the Paying Agent, as allowed by law.
A certificate of destruction shall be provided to the Issuer. The
Issuer agrees to reimburse the Paying Agent I s costs incurred with the
microfilming or other required permanent recording, if any, related
thereto.
SECTION 19. Creation of Funds. The Treasurer of the Issuer is hereby authorized
and directed to establish and maintain the following funds for purposes
of making pay~ent for the costs and expenses for the works of improve-
ment and payment of principal and interest on the Bonds. The funds to
be created are designated, and the terms and conditions of the funds
are, as follows:
IMPROVEMENT FUND: The proceeds from the sale of the Bonds, after
depos it of requi red amounts in the Reserve Fund and Redempt i on Fund,
shall be placed in the Fund hereby created, pursuant to Sections 10602
10- ~;
and 10424 of the California Streets and Highways Code, as amended,
which shall be called the "Improvement Fund", and the monies in said
Fund shall be used only for the purposes authorized in said assessment
proceedings, and specifically to pay for the costs and expenses of the
acquisition of the authorized public capital improvements, together
with all incidental expenses. Any surplus in the Improvement Fund
after completion of the improvements shall remain in the Improvement
Fund for a peri od of not 1 ess than two (2) years from the recei pt of
Bond proceeds as provided in Section 10427.1 of the California Streets
and Highways Code, and thereafter shall be utilized or distributed as
determined by the Issuer and authorized by the Act.
REDEMPTION FUND: The Treasurer is hereby authori zed and di rected to
keep a Redempt i on Fund des i gnated by the name of the proceedi ngs, into
which he shall place accrued interest, if any, on the Bonds from the
date of the Bonds to the date of deli very to the i ni t i a 1 purchaser
thereof, all sums recei ved for the collection of the assessments and
the interest thereon, together with all penalties, if applicable.
Principal of and interest on said Bonds shall be paid to the registered
owner out of the Redemption Fund so created (pursuant to Section 8671
of the Cal ifornia Streets and Highways Code). Accrued interest paid by
the purchaser of the Bonds, if any, shall be deposited in the Redemp-
tion Fund. In all respects not recited herein, the collection of
assessment i nsta llments and the Redempt i on Fund shall be governed by
the provisions of the Act. Under no circumstances shall the Bonds or
interest thereon be paid out of any other fund except as provi ded by
law.
RESERVE FUND: Pursuant to Part 16 of the Act, there shall be created a
special reserve fund for the Bonds to be designated by the name of the
Assessment District and specified as the special "Reserve Fund". An
amount equal to the Reserve Requirement shall be deposited in the
Reserve Fund out of the Bond proceeds.
Monies in the Reserve Fund shall be applied as follows:
A. Amounts in said Reserve Fund shall be transferred to the Redemption
Fund for the Bonds if, as result of delinquencies in the payment of
assessments, there are insufficient monies in said Redemption Fund
to pay principal of and interest on the Bonds when due. Amounts so
transferred shall be repaid to the Reserve Fund from proceeds from
the redemption or foreclosure of property with respect to which an
assessment is unpai d and from payments of the del inquent
assessments.
B. The "Reserve Requirement" shall be an amount equal to the lesser of
(i) the ~aximum Annual Debt Servi ce on the Bonds, (i i) 125% of the
average annual debt servi ce on the Bonds, or (i i i) the 1 esser of
10% of the principal amount of the Bonds outstanding or 10% of the
original principal amount less any original issue discount or plus
any original issue premium. Annual Debt Service on the Bonds for
each year ending September 2nd shall equal the sum of (a) the
interest falling due on the outstanding Bonds in such 12 month
period, assuming that the outstanding Bonds are retired as
'0 ~ 1 0
scheduled, and (b) the principal amount of outstanding Bonds
fall in g due duri ng such 12 month peri ad. "Average Annual Debt
Service" shall mean the average Annual Debt Service during the term
of the Bonds. "Maximum Annual Debt Service" shall mean, as
computed from time to time, the largest Annual Debt Service during
the period from the date of such computation through the final
maturity of any outstanding Bonds.
C. Interest earned on the permitted investment of monies on deposit in
the Reserve Fund shall remai n in the Reserve Fund to the extent
required to maintain the Reserve Fund. On July 15 of each fiscal
year the amount on deposit in the Reserve Fund in excess of the
Reserve Requirement may, in the sole discretion of the Issuer, be
transferred from the Reserve Fund to the Redemption Fund and
credited to the unpaid assessment installments payable during such
fiscal year. The Auditor's record, prepared pursuant to Section
8682 of the Streets and Highways Code, shall reflect the credits
against each of the unpaid assessments in the manner provided in
Streets and Highways Code Section 10427.1 in amounts equal to each
parcel's proportionate share of such transfer.
Notwithstanding the above, interest earnings on monies on deposit
in the Reserve Fund in excess of the "yield" on the Bonds, as that
term is defined in the Internal Revenue Code of 1986 (the "Code"),
shall be subject to transfer and rebate to the United States
pursuant to the terms and provisions contained in Exhibit "B"
attached hereto and incorporated herein by reference.
D. Whenever monies in the Reserve Fund are sufficient to retire all of
the Bonds outstanding, plus accrued interest thereon, such money
shall be transferred to the Redemption Fund for the Bonds and
collection of a corresponding amount of the remaining unpaid assess-
ments shall cease.
E. In the event assessments are paid in cash in advance of their final
maturity date, the Issuer shall credit the prepaid assessment with
a proportionate share of the Reserve Fund and transfer an amount
equal to such credit to the Redemption Fund to be utilized for the
advance retirement of Bonds.
SECTION 20. Covenant for Superi or Court Foreclosure. In the event of deli nquency
in the payment of any installments of unpaid assessments, the Issuer
does covenant for the benefit of the owners of the Bonds that it will
review assessment records of the County not later than February 15 and
June 15 of each year to determine the amount of the assessments
collected in the current fiscal year. The Issuer shall commence fore-
closure action(s) on all parcels for which the payment of assessment
installments are del inquent in the Superior Court of the State of
California (Part 14, Division 10, "Improvement Bond Act of 1915",
Streets and Highways Code) no later than April 1 (with respect to the
February 15 determination) or August 1 (with respect to the June 15
determination) and diligently prosecute and pursue such foreclosure
proceedings to judgment and sale; provided that no foreclosure
proceeding shall be required as long as the Reserve Fund is maintained
I()~q I
at or above the Reserve Requirement. The Finance Director shall notify
the Mayor and City Counci 1 and the City Attorney of any del inquency
requiring the commencement of a foreclosure action pursuant hereto and
the City Attorney shall commence, or cause to be commenced, such
proceedings.
SECTION 21. Covenant to Maintain Tax-Exem t Status. The Issuer covenants that it
wi not make any use 0 the proceeds of the Bonds issued hereunder
which would cause the Bonds to become "arbitrage bonds" subject to
Federal income taxation pursuant to the provisions of Section 148(a) of
the Code, or to become "Federally-guaranteed obl igations" pursuant to
the provisions of Section 149(b) of the Code, or to become "private
activity bonds" pursuant to the provisions of Section 141(a) of the
Code. To that end, the Issuer will comply with all applicable require-
ments of the Code and all regulations of the United States Department
of Treasury issued thereunder to the extent such requi rements are, at
the time, applicable and in effect. Additionally, the Issuer agrees to
imp 1 ement and fo 11 ow each and every recommendat i on provi ded by bond
counsel and deemed to be necessary to be undertaken by the Issuer to
ensure compliance with all applicable provisions of the Code in order
to preserve the exemption of interest on the Bonds from Federal income
taxation.
SECTION 22. Covenants Regarding Arbitrage. The Issuer shall not take nor permit or
suffer to be taken any action with respect to the gross proceeds of the
Bonds as such term is defined under the Code which, if such action had
been reasonably expected to have been taken, or had been del iberately
and intent i ona lly taken, on the date of issuance of the Bonds, woul d
have caused the Bonds to be "arbitrage bonds" within the meaning of
Section 148 of the Code and the regulations promulgated thereunder.
The Issuer shall calculate Excess Earnings in accordance with the
Rebate Instructions attached hereto as Exhibit "B" and incorporated
herein by this reference, and shall pay Excess Earnings to the United
States of America in accordance with the Rebate Instructions.
Notwithstanding the foregoing, the Rebate Instructions may be modified,
in whole or in part, wi thout the consent of the owners of the Bonds,
upon receipt by the Issuer of an opinion of Bond Counsel to the effect
that such modification shall not adversely affect the exclusion from
gross income of interest on the Bonds then Outstanding.
SECTION 23. Order to Pri nt and Authent i cate Bonds. The Treasurer is hereby
instructed to cause Bonds, as set forth above, to be typed or printed,
and to proceed to cause said Bonds to be authenticated and delivered to
an authorized representative of the purchaser, upon payment of the
purchase prioe as set forth in the accepted proposal for the sale of
Bonds.
SECTION 24. Arbitrage Certificate. On the basis of the facts, estimates and circum-
stances now in existence and in existence on the date of issue of the
Bonds, as determi ned by the Treasurer, said Treasurer is hereby autho-
rized to certify that it is not expected that the proceeds of the issue
will be used in a manner that would cause such obligations to be arbi-
trage Bonds. Such certification shall be del ivered to the purchaser
together with the Bonds.
{{J ~ 1 '2-
SECTION 25. Amendments or Supplements. The Issuer may, by adoption of a resolution
from time to time, and at any time, without notice to or consent of any
of the Bondowners, approve an amendment or supplemental indenture
hereto for any of the following purposes:
(a) to cure any ambiguity, to correct or supplement any provlslon here-
in which may be inconsistent with any other provision herein, or
to make any other provision with respect to matters or questions
arising under this Indenture or in any supplemental indenture,
provided that such action shall not materially adversely effect
the interests of the Bondholdersj
(b) to add to the covenants and agreements of and the 1 imi tat ions and
the restrictions. upon the Issuer contained in this Indenture,
other covenants, agreements, limitations and restrictions to be
observed by the Issuer whi ch are not contrary to or i ncons i stent
with this Indenture as theretofore in effect;
(c) to modify, alter, amend or supplement this Indenture in any other
respect wh i ch is not materi ally adverse to the interests of the
Bondownersj
(d) to maintain the tax exempt status of the interest payable on the
Bonds; or
(e) to issue additional bonds as provided in Section 26 hereof.
Excl usive of the supplemental indentures hereto provided for in the
first paragraph of this Section 25, the Owners of not less than 60% in
aggregate principal amount of the Bonds then Outstanding shall have the
right to consent to and approve the adoption by the Issuer of such
supp 1 ementa 1 indentures as shall be deemed necessary or des i rab 1 e by
the Issuer for the purpose of waiving, modifying, altering, amending,
adding to or rescinding, in any particular, any of the terms or provi-
sions contained in this Indenture; provided, however, that nothing
herein shall permit, or be construed as permitting, (a) an extension of
the maturity date of the principal of, or the payment date of interest
on, any Bond, (b) a reduction in the principal amount of, or redemption
premium on, any Bond or the rate of interest thereon, (c) a preference
or priority of any Bond or Bonds over any other Bond or Bonds, or (d) a
reduction in the aggregate principal amount of the Bonds the Owners of
which are required to consent to such resolution or order, without the
consent of the Owners of all Bonds then outstanding.
SECTION 26. Additional Bonds. The Issuer may issue from time to time additional
bonds upon the unpaid assessments in an amount not to exceed the total
amount of unpaid assessments then existing less the principal amount of
Bonds previously issued for, and secured by, the unpaid assessments.
Additional bonds issued pursuant to this Section 26 shall be on a
parity with the Bonds.
10 r "(3
IN WITNESS WHEREOF, the Issuer has executed thi s Bond Indenture effective the date
first written hereinabove.
FINANCE DIRECTOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
,
IO"-~ l-I !/O -9j
YEAR
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2017
CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO. 92-2
(AUTO PARK)
EXHIBIT "A"
MATURITY SCHEDULE
PRINCIPAL MATURING
INTEREST RATE
$
,
}tJJ - '1 s
CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO. 92-2
(AUTO PARK)
EXHIBIT "B"
ARBITRAGE REBATE INSTRUCTIONS
This document sets forth instructions regarding the investment and disposition of
monies deposited in various funds and accounts estab1 ished in connection with the
issuance by the City of Chu1a Vista ("Issuer") of its Assessment District No. 92-2
(Auto Park) Limi ted Ob 1 i gat i on Improvement Bonds in aggregate pri nc i pa 1 amount of
$1,985,683.00 ("Bonds").
The purpose of these instructions is to provide the Issuer with information
necessary -to _ ensure that the investment of the monies in the funds and accounts
described herein will comply with the arbitrage requirements imposed by the Internal
Revenue Code of 1986 and the regulations issued thereunder.
DEFINITIONS
For purposes of these instructions, the following terms shall have the meanings set
forth below:
Bond Year. The term "Bond Year" means each 12 month period (or shorter period from
the date of issuance) that ends at the close of business on a date selected by the
Issuer.
Code. The term "Code" means the Internal Revenue Code of 1986, as amended.
Delivery Date. The term "Delivery Date" means August _, 1994.
Excess Investment Earn i ngs. The term "Excess Investment Earni ngs" means an amount
equal to the sum of:
(1) The excess of
(a) The aggregate amount earned from the Deli very Date of the Bonds on all
Nonpurpose Investments in which Gross Proceeds of the Bonds are invested,
over
(b) The amount that would have been earned if the Yield on such Nonpurpose
Investments had been equal to the Yield on the Bonds,
plus '
(2) Any income attributable to the excess described in paragraph (I).
In determining Excess Investment Earnings, (i) any gain or loss on the disposition
of a Nonpurpose Investment shall be taken into account and (ii) any amount earned on
a bona fide debt service fund shall not be taken into account.
Capi ta 1 i zed terms herei n that are not defi ned herei n shall have the meani ng set
forth in the Bond Indenture.
1~ - ~,
Gross Proceeds. The term "Gross Proceeds" means the following:
(1) Original proceeds, i.e., the amount received by the Issuer as a result of the
sale of the Bonds and any amounts actually or constructively received from
investing the amount received from the sale of the Bonds;
(2) Amounts, other than ori gi na 1 proceeds, in the Reserve Fund and in any other
fund established as a reasonably required reserve or replacement fund;
(3) Amounts, other than as specified above, that are reasonably expected to be or
are used to pay debt service with respect to the Bonds; and,
(4) Amounts received as a result of investing amounts described above.
Investment Property. The term "Investment Property" means any security, ob 1 i gation,
annuity contract or investment-type property in which Gross Proceeds are invested,
excluding, however, the following:
(a)
Un itedSt ates Treasury - State and Local Government Series, Demand Deposit
securit i es; and
(b)
tax-exempt obligations.
For purposes of these Instructi ons, the term "tax-exempt ob 1 i gat ions" shall i nc 1 ude
only obligations the interest on which is (i) excludable from gross income for
federal income tax purposes and (ii) not treated as an item of tax preference under
Section 57(a)(5) of the Code. The term "tax-exempt obligation" shall, however, also
include stock in a "qualified regulated investment company," which is a corporation
that (i) is a regulated investment company within the meaning of Section 851(a) of
the Code and meets the requirements of Section 852(a) of the Code for the taxable
year; (ii) has only one class of stock authorized and outstanding; (iii) invests all
of its assets in tax-exempt obl igations (as defined above) to the extent practic-
ab 1 e; and (i v) has at 1 east 98% of its gross income deri ved from interest on, or
gain from the sale or other disposition of, tax-exempt obligations, or the weighted
average value of its assets is represented by investments in tax-exempt obligations.
Nonpurpose Investment. The term "Nonpurpose Investment" means any Investment
Property which is acquired with the Gross Proceeds of the Bonds and is not acquired
in order to carry out the governmental purpose of the Bonds.
Purchase Price. The term "Purchase Price", for the purpose of computation of the
Yield of the Bonds, has the same meaning as the term "Issue Price" in Sections
1273(b) and 1274 of the Code, and, in general, means the initial offering price to
the public (not including bond houses and brokers, or similar persons or organiza-
tions acting in the capacity of underwriters or wholesalers) at which price a
substantial amount of each maturity (at least 10 percent) of the Bonds was sold.
The term "Purchase Pri ce"., for the purpose of computat i on of Yi e 1 d of Nonpurpose
Investments means the fair market value of the Nonpurpose Investment on the date of
use of Gross Proceeds of the Bonds for acquisition thereof, or if later, on the date
that Investment Property constituting a Nonpurpose Investment becomes a Nonpurpose
Investment of the Bonds.
Regulations. The term "Regulations" means temporary and permanent Regulations
promulgated under Section 148 of the Code.
,~...~ 7
Yield. The term "Yield" means that discount rate which, when used in computing the
present value of all payments of principal and interest (or other payments in the
case of Nonpurpose Investments which require payments in a form not characterized as
principal and interest) on a Nonpurpose Investment or on the Bonds produces an
amount equal to the Purchase Price of such Nonpurpose Investment or the Bonds, all
computed as prescribed in applicable Regulations. The yield on Nonpurpose
Investments must be computed by the use of the same frequency interval of
compounding interest as is used with respect to the Bonds.
REBATE REQUIREMENT
Calculation of Excess Investment Earnings. No later than the last day of the fifth
Bond Year, each succeeding fifth Bond Year and on the date the last Bond is
discharged, the Issuer shall calculate or cause to be calculated the Excess
Investment Earnings. This calculation shall be made or caused to be made by the
Issuer in accordance with the following rules:
(1)
For purposes of calculating the Yield on any investment as required under these
Instructions, the purchase price of the investment will be the fair market
price of the investment on an established market. This means that the Issuer
wi 11 not pay a premium and wi 11 not accept a lower interest rate than is
usually paid to adjust the Yield on an investment.
The market price of certificates of deposit issued by a commercial bank may be
regarded as being at a fair market price if they are determined by reference to
the bona fide bid price quoted by a dealer who maintains an active secondary
market in such cert ifi cates, or, if no secondary market exi sts, by sat is fyi ng
subparagraph (3) below relating to investment agreements.
(2)
(3)
Investments pursuant to an investment agreement may be regarded as being made
at a fair market price if (i) at least three (3) bids are received on the
investment contract from persons wi thout an interest in the Bonds; (i i) the
winning bidder provides a certificate that, based on its reasonable expecta-
t ions on the date the investment agreement is entered into, investments wi 11
not be purchased or sole at a price other than their fair market value; (iii)
the yield on the investment agreement is at least equal to the yield offered
under the highest bid received from a non-interested party; and (iv) the yield
on the investment agreement is at least equal to the yield offered on similar
contracts. .
(4)
For other investments traded on an establ ished market, the fair market price
shall be the mean between the bid and offered prices for such obligations on
the date of purchase or, if subsequent thereto, the date the investment becomes
a Nonpurpose Investment.
Where amounts must be restricted to a certain Yield and investments cannot be
purchased on an establ ished market or a bona fide fair market price cannot be
established at a Yield that does not exceed the maximum permissible Yield, the
I ssuer may acqu ire or hold tax-exempt securi ties, currency or United States
Treasury Certificates of Indebtedness, Notes and Certificates - State and Local
Government Series ("SLGs") that Yield no more than the maximum permissible
Yield. SLGs are available at the Federal Reserve Bank.
(5)
fdJ - , ~
Payment to Un i ted States. The Issuer shall payor cause to be pai d an amount equal
to Excess Investment Earnings (after application of any available credits) to the
United States of America in installments with the first payment to be made not later
than thirty (30) days after the end of the fifth Bond Year, and with subsequent
payments to be made not later than five (5) years after the preceding payment was
due. The Issuer shall assure that each such installment is in an amount equal to at
least ninety percent (90%) of the Excess Investment Earnings with respect to the
Bonds as of the close of the computat i on peri od. Not 1 ater than s i x':.y (60) days
after the retirement of the Bonds, the Issuer shall payor cause to be paid to the
United States one hundred percent (100%) of the theretofore unpaid Excess Investment
Earnings of the Bonds. The Issuer shall remit payments to the United States at the
address prescribed by the Regulations as the same may be from time to time in effect
wi th such reports and statements as may be prescri bed by such Regu 1 at ions. The
Issuer shall assure that such payments are made to the United States on a timely
basis from any funds lawfully available therefor.
Further Obligation of Issuer. The Issuer shall assure that Excess Investment
Earnings are not paid or disbursed except as provided in these instructions. To
that end, the Issuer shall assure that investment transactions are on an arms-length
basis. In the event that Nonpurpose Investments consist of certificates of deposit
or investment contracts, investment in such NonPurpose Investments shall be made in
accordance with the procedures described in applicable Regulations as from time time
in effect.
REBATE EXCEPTIONS. Absent an oplnlon of nationally recognized bond counsel, the
exception of Section 148(f) (4) (C) of the Code wi 11 be considered satisfied only if
either the Six-Month Exception (set forth in subparagraph (1) below) or the Two-Year
Exception (set forth in subparagraph (2) below) is satisfied. If either of such
requirements is satisfied, the Rebate Requirement will be treated as having been
satisfied.
(1)
Si x-Month Except i on. The Si x-Month Exception wi 11 be treated as havi ng been
satisfied if all Gross Proceeds of the Bonds are expended for the governmental
purposes of the Bonds no later than the day that is six (6) months after the
date of deli very of the Bonds, and if all amounts, if any, determi ned to be
required to be paid to the United States Treasury in compliance with the Rebate
Regulations are paid to the United States Treasury. Gross Proceeds which are
he 1 din the Reserve Fund and Gross Proceeds wh i ch ari se after such six (6)
months and which were not reasonably anticipated as of the date of delivery of
the Bonds shall not be considered Gross Proceeds for purposes of this subpara-
graph (1).
(2)
Two-Year Exception. The Two-Year Exception will be treated as having been
satisfied in the requirements of paragraphs (i) and (ii) below are satisfied.
(i)
At least 7S percent of the available construction proceeds of the Bonds
are used for construction expenditures (including reconstruction and
rehabil itation) with respect to property that is owned by a governmental
unit or an organization described in Section SOl(c) (3) of the Code and
exempt from federal income tax under Section SOl(a) of the Code.
~~~1
(ii) At least 10 percent of the available construction proceeds of the Bonds
have been expended for the governmental purposes of the Bonds within the
six (6) month period beginning on the date of the delivery of the Bonds,
at least 45 percent of the available construction proceeds have been
expended for the governmental purposes of the Bonds wi thi n the one (1)
year period beginning on the date of the delivery of the Bonds, at least
75 percent of the available construction proceeds of the Bonds have been
expended for the governmental purposes of the Bonds within the 18-month
period beginning on the date of the delivery of the Bonds, and all of the
available construction proceeds of the Bonds have been expended for the
governmental purposes of the Bonds within the two (2) year period beginn-
ing on the date of the del ivery of the Bonds. For purposes of this
subparagraph, the term "avai 1 ab 1 e construct i on proceeds" means the amount
equal to the issue price (within the meaning of Sections 1273 and 1274 of
the Code) of the Bonds, increased by earnings on the issue price, earn-
ings on amounts, if any, on deposit in the Reserve Fund not funded from
the proceeds of the sale of the Bonds, and earnings on all of the fore-
',going earnings, and reduced by the amount of the issue price on deposit
in the Reserve Fund and the issuance costs financed by the Bonds. The
term "available construction proceeds" shall not include amounts earned
on the Reserve Fund after the earlier of the close of the two (2) year
period described above in this subparagraph (ii) or the date the construc-
tion is substantially completed. The term "available construction
proceeds" shall not i nc 1 ude payments on any ob 1 i gati on acqui red to carry
out the governmental purposes of the Bonds and shall not include earnings
on such payments.
For purposes of subparagraph (ii) of this subparagraph (2) all of the available
construction proceeds shall be treated as expended for the governmental
purposes of the Bonds within two (2) years from the date of the delivery of the
Bonds if all of such proceeds are expended for the governmental purposes of the
Bonds within three (3) years from the date of the del ivery of the Bonds and
such amounts would have been expended for such purposes within two (2) years
from the date of the deli very of the Bonds but for a reasonable retai nage
(~, to ensure compliance with the terms of a construction contract) that
does not exceed five (5) percent of the available construction proceeds of the
Bonds.
Mu It i -Purpose I ssue Treatment. Solely for purposes of determi n i ng whether the
Bonds are described in subparagraph (1) of subparagraph (2) above, the Issuer
may treat the Bonds as two separate issues. Only one of such two separate
issues may be treated as satisfying the requirements of subparagraph (2) above.
EXPECTATIONS AND ELECTIONS. The issuer expects that the proceeds of the sale of the
Bond s depos ited in the Improvement Fund wi 11 be fully expended for construction
expenditures within the meaning of Section 148(f) (4) (C) (iv) (I) of the Code. The
Issuer does, therefore,' expect to satisfy the spending requirements of Section
148(f)(4)(C) (ii) of the Code. Accordingly, the Issuer does elect to apply the
two-year expenditure exception of Section 148(f)(4)(C)(ii) of the Code to the Bonds.
(3)
I() - I {TO
MAINTENANCE OF RECORDS. With respect to all Nonpurpose Investments acquired in a
fund or account established and held by the Issuer, the Issuer shall record or cause
to be recorded the fo 11 owi ng i nformat i on: (i) purchase date, (i i) purchase pri ce,
(iii) information establishing that the purchase price is the fair market value as
of such date (~, the pub 1 i shed quoted bi d by a dealer in such an investment on
the date of purchase), (iv) any accrued interest paid, (v) face amount, (vi) coupon
rate, (vii) periodicity of interest payments, (viii) disposition price, (ix) any
accrued interest received, and (x) disposition date. To the extent any investment
becomes a Nonpurpose Investment by becoming Gross Proceeds after it was originally
purchased, it shall be treated as if it were acquired at its fair market value at
the time it becomes a Nonpurpose Investment. The Issuer shall keep and retain for a
pe ri od of six (6) years fo 11 owi ng the ret i rement of the Bonds, records of all
determinations made pursuant to these Instructions.
AMENDMENT. In order to comply with the covenants in the Bond Indenture regarding
complianc~ with the requirements of the Code and the continued exclusion from gross
income for purposes of federal income taxat i on of interest paid on the Bonds, the
procedures described in these Instructions may be modified as necessary, without the
consent of Bond owners, and based on the opinion of nationally recognized bond
counsel acceptable to the Issuer, to comply with regulations, rulings, legislation
or judicial decisions as may be applicable to the Bonds. Neither the Issuer nor any
of its members, agents, offi cers or emp 1 oyees shall be 1 i ab 1 e for any act i on taken
or for .its failure to take any action in connection with these Instructions. The
Issuer:may rely conclusively on the advice of its Bond Counsel with respect to the
requirements of these Instructions.
***
,
10 ,. 10 I
COUNCIL AGENDA STATEMENT
Item
/1
Meeting Date 8/2/94
SUBMITTED BY:
Resolution 175'1 r Approving Final Map and Subdivision
Improvement Agreement for Chula Vista Tract 93-03, Telegraph Canyon
Estates Neighborhood 2 Unit 2
Resolution /759' Approving Final Map and Subdivision
Improvement Agreement for Chula Vista Tract 93-03, Telegraph Canyon
Estates Neighborhood 3 Unit 2
Director of Public wor~1li. ~
City Manager~ ~~] (4/5ths Vote: Yes_No-XJ
ITEM TITLE:
REVIEWED BY:
On January 19, 1993, by Resolution 16960, the City Council approved the Tentative Subdivision
Map for Chula Vista Tract 93-03, Telegraph Canyon Estates. The fifth and sixth final maps for
said tentative map are now before Council for approval.
RECOMMENDATION: That Council adopt the resolutions approving the final maps and the
subdivision improvement agreements.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project is generally located on the northerly side of Otay Lakes Road and adjacent to the
western side of the proposed alignment for State Route 125. It consists of 112.4 acres which
are proposed to be subdivided into 344 residential lots and open space lots. The first four units
of the development, which were previously approved by Council, consisted of a total of 142
numbered single family residential lots and a total of five (5) lettered lots for open space and
other public purposes totalling approximately 62.7 acres.
The two maps now before Council for approval represent the final maps for the second phase
of the development. These maps consist of a total of 38 numbered single family lots totalling
approximately 7.6 acres. Approval of the maps brings the total number of approved lots for the
development to 180 numbered residential lots and 5 lettered lots for open space and other public
purposes. All conditions of approval applicable to these maps have been satisfied. The
condition that requires an agreement to provide low and moderate income housing must be
satisfied prior to approval of the map containing the 200th residential lot as stipulated in Council
Resolution No. 17475 amending certain conditions of the Tentative Map for Telegraph Canyon
..
1/-/
Page 2, Item~
Meeting Date 8/2/94
Estates. Community Development staff IS currently negotiating this agreement with the
developer.
The final maps for Unit 2 of Neighborhoods 2 and 3 of Chula Vista Tract 93-03, Telegraph
Canyon Estates have been reviewed by the Public Works Department and found to be in
substantial conformance with the approved tentative map. Approval of the final maps constitutes
acceptance on behalf of the public portions of Genevieve Avenue and St. Germain Road and tree
planting and maintenance easements all as shown on the final maps.
The developer has executed a Subdivision Improvement Agreement for each map and provided
bonds to guarantee construction of the required public improvements (CV drawings 94-01
through 94-20), except for PAD fees has paid all applicable fees, and has provided a bond to
guarantee the monumentation for said subdivision. Under the recent PAD fees policy adopted
by the Council, the PAD Fees do not have to be paid until the final map is released for
recording, but not later than 60 days after the Council approves the map. Staff will not release
the map until the PAD Fees have been paid. A Supplemental Subdivision Agreement applicable
to these maps has been previously approved by Council with approval of the first three maps
(Resolution No. 17279). A copy of this agreement and subsequent approved amendments is
attached.
A plat is available for Council viewing.
FISCAL IMPACT: None. All Staff costs associated with processing of improvement plans
and final ma7 will be reimbursed from developer deposits.
Attachments: J /Subdivision Improvement Agreements (2)
J Bonds NOT ~r A
Pisclosur~t!lt.Jrh~NNE.D NOT SC A,.,
V Plat - Telegraph Canyon Estates Phasell -ru ,'NED
Approved Supplemental Sub~on Improvement Agreement
Council Resolutino No. l74HU1'SC
~~
File: EY-387/EY-388
P:\HOME\ENGINEER\AGENDA \tce2&3u2.hnc
080294
I j- .2..
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this_day of , 199_, by
and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
and BALDWIN BUILDER, a California corporation, 11975 EI Camino Real, Suite 200, San
Diego, CA 92130.
hereinafter called "Subdivider";
WIINES.S.EIH~
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
Telegraph Canyon Estates, Neighborhood 3, Unit 2 pursuant to the provisions of the Subdivision
Map Act of the State of California, and in compliance with the provisions of Title 18 of the
Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map;
and,
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the public
improvements and/or land development work required by the Code to be installed in subdivisions
before final maps of subdivisions are approved by the Council for purpose of recording in the
Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider
shall enter into an agreement with City, secured by an approved improvement security to insure
the performance of said work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all
of the public improvements and/or land development work required in said subdivision within a
definite period of time prescribed by said Council, and
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WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the public improvement work required by
City in connection with the proposed subdivision and will deliver to City improvement securities
as approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 16960, approved on the 19th
day of January, 1993 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos. 94-20 through 94-01, inclusive on file in the office of the
City Engineer, and
WHEREAS, an estimate of the cost of constructing said public improvements according
to said plans and specifications has been submitted and approved by the City in the amount of
One Hundred Eleven Thousand Dollars and No Cents ($111,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
I. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and adjoining said
subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict
conformity and in accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by this reference are incorporated
herein and made a part hereof.
2. It is expressly understood and agreed that all monuments have been or will be installed
within thirty (30) days after the completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name signs if permanent street name
signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the third anniversary date of Council approval of the Subdivision
Improvement Agreement.
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4. It is understood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of Fifty-Five
Thousand Five Hundred Dollars and No Cents ($55,500.00) which security shall guarantee the
faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A"
and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of Fifty-Five
Thousand Five Hundred Dollars and No Cents ($55,500.00) to secure the payment of material
and labor in connection with the installation of said public improvements, which security is
attached hereto, marked Exhibit "8" and made a part hereof and the bond amounts as contained
in Exhibit "8", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of One Thousand
Five Hundred Dollars and No Cents ($3,000.00) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
-3-
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terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security .
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
II. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the public
improvements constructed pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or
omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow, modification of the velocity of
-4 -
/I"?
the water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
SUBDIVIDER: BALDWIN BUILDERS,
a California Corporation
Mayor of the City of Chula Vista
ATTEST
City Clerk
By: Timothy J. O'Grady
Vice President
Approved as to form by
Ci,y::;k ~
(Attach Notary Acknowledgment)
-5-
J/- 7
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
>
,
.
Form: BOND
Amount: $55,500.00
Exhibit "B"
Improvement Security - Material and Labor:
Form: BOND
Amount: $55,500.00
Exhibit "C"
Improvement Security - Monuments:
Form: BOND
Amount: $1,500.00
Securities approved as to form and amount by
ti.. ik ~~...Q
City Attorney
Improvement Completion Date:
THREE (3) YEARS FROM DATE OF COUNCIL
APPROVAL OF THE SUBDIVISION
IMPROVEMENT AGREEMENT
-6- /1-' r/
EXECUTED IN TRIPLICATE
BOND #111 2724 3712
Premium: $999.00
J 'N:.) &$1:)
Ax/v
:oc:m FeR r:.;ITHFUL ?ERFOlU".ANCE
\'iE~?"::.~_S, ':'~e Ci. ty Counci.l of tl1e Ci t.y of C:tula Vista f
S ta te of Cal:..f:::::n.:.a, and Baldwin Builders. A California Corporation
(here~naf~er des~gna~ed as
u?r~nci.?al") ,::ave e!'.'Ca:ed l.n'C.o an ag=eement whereby 9rincipal
agrees to ins~~ll and complete certain designated public
irnprovemen'C.s, ~hici said agrea~ent, dated
19 , and ide!".~ified as project TR.Na. 93-03 Neighborhood 3. Unit 2
Sanitary Sewer and Roadway Improvement - Telegraph Canyon Estates, ::.s here.oy
referred ~o and ~ade a par~ hereof; and
\mE~;S, Said prL~cipal is required under ~~e te~s
of said ag::eemen~ to furnish a bond for the fai~~ful perfo~ance
of said ag::eemen~.
NOW, ~HE~E~ORE, we, the principal and
The American Insurance Company , as surety, are
held and =i=~ly ~cund un~o the City of Chula Vista, hereinafter
called "City", in t~e penal sum of FIFTY FIVE THOUSAND FIVE HUNDRED AND NI
100------------------------------------- dollars (S 55.500.00 )
lawful money of ~~e Un~ted Sta~es, for the oavment or wh~ch sum
well and t=uly to be made, we bind ourselve~,-our heirs,
successors, executors and administrators, jointly and severally,
firmly by these presents.
The condition of this obligation is such that if the
above bounded principal, his or its heirs, executors, adminis-
trators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any altera-
tion thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner ~~erein
specified, and in all respects according to their true intent
and meaning, and shall inda~ify and save harmless ~~e City of
Chula Vista, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void;
otherwise i~ shall be and remain in full force and effect.
As a par~ of the obligation secured hereby and in
addition to the face amount specified therefor, there shall be
included costs and ::easonable expenses and fees, including
reasonable attorney's fees, incur::ed by the City in succeSSfully
enforcing such obligation, all to be taxed as costs and in-
cluded in any judgment rendered.
The surety hereby s~ipulates and agrees that no change,
extension of ~~~e, alteration or addition to the terms of the
/ / -- q-
.JI_J~
l/ 1"';-
, .
-"'-
agreement or to the work to be oerformed thereunder or the
specifications accompanying the'same shall in any~ise affect
its obligations on this bone, and it does hereby waive notice
of any such change, exta~sion of time, alteration or addition
to the ter~s of the agrea~ent or to the work or to the speci-
fications. '
In addition to the acts bonded for pursuant to the
agrea~ent incor?orated above, the fOllowing acts and perfo~ances
are additionally subject to the ter~s of this agreement:'
executed
of March
In witness whereof,
by the principal and
, 19 94
this instrument has been duly
surety above named, on the 8th day
"
BALDWIN BUILDERS, A
CALIFORNIA CORPORATION
THE AMERICAN INSURANCE COMPANY
By:4~ ~
BY: \JI.0H1\1'(l 'ill, llirmpbt~~
IIlY\rilW ::r. ()'!-t<CA\>/ ~ \(\C'F B::FSl\:k;i.J!
Conttac or
APPROVED AS TO FORM:
4- ;J; la".f
City Atto=ey
Victoria M. Campbell, Attorney-In-Fact
Surety
777 San Marin Drive
Novato, CA' 94998
Surety Address
P\'l-E-34
/J-/~
1-1-=11
GENERAL
POWER OF
.uTORNEY
THE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation incorporaled under the law, of the Slale of
New Jersey on February 20.1846. and redomesticated to me State of Nebraska oa June I. 1990. and having its principaJ office in the City of Omaha. Stale of
Nebraska, has made, constituted and' appointed. and does by these presenu mue, cons~itute and appoint
---VICTORIA M. CAMPBELL---
Ji~I';:'~faJJ- Altomey(s)-in-Fact. with full power and authority bereby coafemd in iu aame. place and mad. 10 execute. seal. ackDowledce and dellver any
and III boads. uaden.aJtiDa. r<coaDizaDca or other wrillCll obllcatioDl iD the DllUR tllmof ____________________________________
and to biDd tile CorporatioD tIIereby .. fuUy and to tbe same CXlCDt .. if sueb boDds were signed by tile PresideDt. sealed witll tile corporate seal of tile
Corporation and duty attested by its Secretary, hereby ratifying and confuminl all that the said Attomey(sHa-Fact may do in the premises.
This power of anomey is granted pursuant to Article VII, Sections 4$ and 46 of Ry-laws of THE AMERICAN INSURANCE COMPANY now in full force and
effca.
. Ardde VU. Appoln'....' aod Aulborll1 of Raid.., s.cr._. Ano",.".....Foct aDd A,..U'o """"pI L<pI Prv<:efllaod Malt. Appara_.
Sectloa 45. AppoiatJJJeat. The Cbairmaa of 1be Board of Directon. Ute Presideat, aay Vice-Presideat or a01 otber penon authoriud. by tbe Board of
Dlrecton, lbe Cbairmao of !be Board of Dindon, the PJUideot or aay Vjce..Preskleat IDay, from dme to time, appoiut Resideat Asststaot Secretaries aud
Attorae)"l4a..Fact to represeat aad act for aad oa behalf of tbe CorpondoD ud Actau to accepllepl procell aad make appeanDCeS for aad OD bebuf of the
Corporadoa.
SeelIOD 46. Authority. The aUlhority of sudl. Resideal Asaistaal SecRcaries, Attonaeys..ia..Fact aad Aleals sbaJJ be as prescribed La tbe lastrumeat evldeadac
tbelr appolDtmeal. AUf sucb appolalmeallad aUlalboric,. CnDeed thereby may be moted II lay time by Ibe Bolrd of Diredon or by aar perIOa empowered 10
m..ake such appolatmeat."
This power of attorney is signed and sealed under and by the authority of the CoUowing Resolutigo adopted by Ihe Board of Directors of THE AMERJCAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice.President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be amxed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating tbereto, by facsimile,
and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile sisnature or facsimile seal shall be valid and bindins
upon the Corporation:'
fN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY bu caused these presents to be signed by its Vice-President. and its corporate seal to
behero:untoafflxedtbis 1st dayof June ,19~.
THE AMERICAN INSURANCE COMPANY
By
~//~:~~_..~~
"
--
} a.
00 tbis 1 ~ t' day of TIl,"p . 19.9.0-. before me personally came R. D. Farnsworth .
10 me known. who, being by me duly sworn. did depose and say: tllal he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Corporation
described in and wbich CJ;ccuted the above instrument; thai be knows the seal of said Corporation; that the seal aeflxed to the said instrUment is such corporate
seal; tIIat it wu so affIXed by order of tile Board of Directon of said Corporation and tllat he signed his name tIIereto by Uke order.
fN WITNESS WHEREOF, I have hereunto set my band and affixed my official seal. tile day and year herein fllSl above wrinen.
...KlI......................"......"'"",""......
i OFFICIAL SEAL S
= ~ J. M. VANDEVORT 5
I NOTARY PUBliC. CALIFORNIA i
i Principal Office In M,rin County :
I My (ammiuiao b,... Auq. 2C. 1.,,2 i
L...HI'...............n.......".O",'"..""'"'I..;
STATE OF CALIFORNIA
COUNTY OF MARIN
-~
t/~
Nowy Public
c..Eklll'lCATE
STATEOFCALIFORNIA
COUNTY OF MARIN
} a.
I. theundenigned. Resident Assistant S=ewy of THE AMERICAN fNSURANCE COMPANY. a NEBRASKA Corporation. DO HEREBY CERTIFY thaI
the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revok.ed; and funhermore that Article VII, Sections 4:5 and 46 of the
By~laws of the Corporation, and the Resolution of the Board of Directors; see. forth in the Power of Attorney, are now in force.
Signed and sealed at the County of Marin. Dated the 8 t h day of Ma r c h
94
,19_.
cY~ t> {24
I\c:lAdo:Iu ~ $c:ctcwy
/1-1/
~1II1.t~'"
.'if
~ i
"~~lIr\~'"
36Q7lt,TA~,90 (REV)
~XECUTED I~ TRIPLICATE
Bond 1 III 2724 3720
Premium inlcuded in ?eJf9~~~~j
/J XII/
BOND FOR ~~TERIAL AND LABOR
\-iHERE.;$, the Cit'/ Council. of the City of Chula
Vista, S tate of Cali=or:lia: and Baldwin Builders. A California
Corporation (here.!.nai~e= designaced. as
np=~.:1c.:.oal'l) have e!1\:==ed. :..::..~o an acreemer:t t.o{herebv ':lrinci.~al
agrees to i~s~~ll and com91e~s ce=~ii~ designated puSlic .
L~?rovemencs, which said ag=eeme~t, dated
19 , and idenci=ied as ?rojec-:: TR.:'lO'93-03 Neighborhood 2, Unit 2
Sanitary Sewer lit Roadway Improvements , l.S hereby re!e==ec ~o and
made a par"'C. hereof; anc. leJ.egrapn I...anyon Estates
WHEREAS, Onder the ter~s of said agreement, principal
is requized before e!1\:eri~g upon t~e pe==o~ance of the work,
to file a good and sufficient payment bond with ~~e City of
Chula Vista to secure the cla~"s to which reference is made in
Title 15 (commencing with Section 3082) of Part 4 of Division
3 of the CLvil Code of the State of California.
NOW, TF~REFORE, said pri:lcipal and the undersigned
as corporate surety, are held fi~ly bound unto the City of
Chula Vista and all cont=ac-::ors, subcontractors, laborers,
materialmen and o~~er persons employed in the performance of
t~e aforesaid agre~~ent and referred to in the aforesaid Code
of Civil Procedure in the sum of SEVENTY SEVEN THOUSAND FIVE HUNDRED
AND NO/lOO---------------~----------- dollars ($ 77,500.00 ), for
mater~als furn~shed or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same L'1 an amount
not exceeding the amount hereinabove set forth, and also in
case suit is brought upon ~~is bond, will pay, in addition to
the face amount thereof, costs and reasonable expenses and
fees, including reasonable attorney's fees, incurred by ~~e
City of Chula Vista in successfully enforcing such obligation,
to be awarded and f;xed by the court, and to be t~~ed as costs
and to be included in the judgment therein .rendered.
It is hereby expressly stipulated and agreed that
this bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Title
IS (commencing with Section 3082) of Part 4 of Division 3 of
the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed,
then this obligation shnll become null and void, othe~~ise it
shall be and remain in full force and ef:ect.
//--//
1-1-1
-2-
.
The surety hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of said agrea~ent or the specifications accompanying
the same shall in any manner affect its obligations on this
bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
,
In witness
duly executed by the
the 8th day of March
whereof, this instrument has been
principal and surety above named, on
19 94
BALDWIN BUILDERS~ A
CALIFORNIA CORPORATION
THE AMERICAN INSURANCE COMPANY
~~~rJ/)v;?
BY: ( \It'-l\Yi i () '--rn, (: (~\ ryV\ fh' l ~
IIMh-n+Y'J", D'&zADi1. \{ICf" w-es\CEJI
Contr ctor
APPROVED AS TO FORM:
IL A ~.J
CityAtt ney
Victoria M. Campbell, Attorney-In-Fact
Surety
777 San Marin Drive
Novato, CA 94998
Surety Address
PW-E-34
/ I .-/2-
--J+-P1
";'-
File No.: 111 2724 3845
EXECUTED IN TRIPLICATE Premium: $50.00 17t:fJ
,Ij.;.-,v/,j
SURVEY MONUMENT INSTALLATION BOND IJ .til/
LET IT BE KNOWN BY THESE PRESENTS , that Baldwin Builders, A California Corporation
as the subdivider (hereinafter "Principal"), and The American Insurance Company
, a corporation of the State of Nebraska
(hereinafter "Surety"), are held and fmnly bound unto the City of Chula Vista, a municipal
corporation, in the County of San Diego, State of California, and to and for the benefit of any
and all persons who may suffer damage by reason of the breach of the conditions hereof, in the
penal sum of THREE THOUSAND AND NO 11 00--------.:.----------------------------------
dollars ($3,000.00 ) lawful money of the United States, to be paid to the said City
of Chula Vista.
WHEREAS, Principal is presently engaged in subdividing certain lands to be
known as Chula Vista Tr #93-03 Neighborhood 2, Unit 2 Telegraph Canyon Estates
subdivision in the City of Chula Vista, in accordance with the Contract for Completion of
Improvements authorized by Council Resolution No. ; and,
WHEREAS, Principal desires not to Install durable monuments prior to the
recordation of the final map of the subdivision and desires to install same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if Principal
shall have installed durable monuments of the survey by Hunsaker & Associates San Dieszo. Inc.
. (N.... 01 Eneinoc,)
in accordance with the fll1al map of said subdivision, a copy of which is on me with the City
Engineer of the City of Chula Vista, reference to which said map is hereby made and same is
incorporated herein as though set forth in full, and according to the ordinances of the City of
Chula Vista in force and effect at the time of giving of this bond, on or before the expiration
of thirty (30) consecutive days following completion and acceptance of public improvements
within said subdivision, then the obligation shall be void, otherwise to be and remain in full
force and effect.
(Signatur.. OD revene lide.)
U ~7
/1 / .
//---13
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on March 10 , 191.L
BALDWIN BUILDERS, A CALIFORNIA
CORPORATION
THE AMERICAN INSURANCE COMPANY
~~ 9 /)~
BY: l ) 11\\tJJ ui 11'), rOJfl\{)btM
IIM6\l.I.'/ :,\, O'l....K:J:,.'OI l\j\(!~ ~S[)F-t-C\
Principal
Victoria M. Campbell, Attorney-In-Fact
Surety
(Above-signatories must be notarized.)
Approved as to form:
;:L tft. '1" J!
City Attorney
(pW-E-34)
//-,/L/
~ ~ ~(j /, I
//- /1/->>,
1;
c4
FDlEMAH'S FUND
IN5URANIZ COMPANIES
FIAEMAN'S FUND INSURANCE COM""NY
THE AMERICA'" INSURANCE COM,l"olINV
BOND NO. III 2724 3720
NATrON"'1" Su~ItTY <=OR"O"ATION
ASSOCIATED INDIMNITY CORPORATION
"..ER1CAN AUTO,",OaII.E IN.URANCE COMPANY
HONIE O""IC&, IAN I"ItANCIKO, CAL,JI'ORNIA
BJDER
In consideration of the premium charged, it is understood and agreed that:
Effective from tba
8th
day o'
March
19~
It is understood and agreed that the above captioned bond. submitted for
Neighborhood 2. Unit 2 cover the construction permits during the interim
until subdivision improvement agreement is approved.
Drawing #'s 94-20 thru 94-01
Provided, however, that the liabUity of the
under the attached bond and under the attached bond em changed by this rider shall not be cumulative.
THE AMERICAN INSURANCE COMPANY
Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions. agreements or warranties of the
undermenUoned bond. other than C%I stated above.
A<<ached 10 and lorming a part of Bond No 111 2724 372,i,lsued by Ibe THE AMERICAN INSURANCE COMPANY
dated Ibe 8th
day of
March
19~
on behalf o'
BALDWIN BUILDERS, A CALIFORNIA CORPORATION
and in lavor o' THE CITY OF CHULA VISTA
Signed thUs
17th
day of
March
19-1.L
THE AMERICAN INSURANCE COMPANY
J,
"
360270-11.66
B / I I
y:
~I VIC RIA M.
.2-
+Htf
/J~ / 5
EXECUTED IN TRIPLICATE
File No.:
Premium:
111 2724 3852
$5o.009(J~ B
/ 7~ .!25-15
f) XI I~/
SURVEY MONUMENT INSTALLATION BOND
LET IT BE KNOWN BY THESE PRESENTS, that Baldwin Builders, A California Corporation
as the subdivider (hereinafter "Principal"), and The American Insurance Company
, a corporation of the State of Nebraska
(hereinafter "Surety"), are held and fun1ly bound unto the City of Chula Vista, a municipal
corporation, in the County of San Diego, State of California, and to and for the benefit of any
and all persons who may suffer damage by reason of the breach of the conditions hereof, in the
penal sum of ONE THOUSA.'ID FIVE HUNDRED AND NO/100--------------------------------
dollars ($ 1,500.00 ) lawful money of the United States, to be paid to the said City
of Chula Vista.
WHEREAS, Principal is presently engaged in subdividing certain lands to be
known as Chula Vista Tr #93-03 Neighborhood 3, Unit 2 Telegraph Canyon Estates
subdivision in the City of Chula Vista, in accordance with the Contract for Completion of
Improvements authorized by Council Resolution No. ; and,
WHEREAS, Principal desires not to install durable monument! prior to the
recordation of the final map of the subdivision and desires to install same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if Principal
shall have installed durable monuments of the survey by Hunsakes & Associates San Diego, Inc.
. (II-. of Eocioon)
in accordance with the final map of said subdivision, a copy of which is on me with the City
Engineer of the City of Chula Vista, reference to which said map is hereby made and same is
incorporated herein as though set forth in full, and according to the ordinances of the City of
Chula Vista in force and effect at the time of giving of this bond, on or before the expiration
of thirty (30) consecutive days following completion and acceptance of public improvements
within said subdivision, then the obligation shall be void, otherwise to be and remain in full
force and effect.
/I-lip
(SilnalUreo OD reverie ride.) ~
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on March 10 , 19-2i.
BALDWIN BUILDERS, A
CALIFORNIA CORPORATTON
THE AMERICAN INSURANCE COMPANY
L;F ~.()1J?7-
By: \ Acl:m in. 1Y\. rC\ ~
-r;-,.."rffil,Y"T ~\1fu\)(JVI('E~\f~~
Principal
Victoria M. Campbell, Attorney-In-Fact
Surety
(Above-signatories must be notarized.)
Approved as to fonn:
tL/J1 ~/'.f
City Attorney
(pW-E-34)
J /- /7
/ tI -;!J
/1-.1.v/1f
GENERAL
POWER OF
JI'ORNEY THE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorpora,ed under the laws of the S""e of
New Jersey aD February 20. 1846. and redomesticated to the State or Nebraska 00 June 1. 1990. and having its principal office in the City of Omaha, State of
Nebraska. has made. constituted. and' appointed. and does by these presents make. constitute and appoint
---VICTORIA M. CAMPBELL---
i&~;:'~r'a;J' Anomey(s)-in-Fact. with full power aDd authority hereby confemd in its name, place and ..ead. toaecuse. seal. acknowledse and dellver any
and all bonds. ..dClUlcinl. recolQizances or other written oblllatio.. in the Dlcuretbereof ______________________________________
and to bind the Corporation thereby as Cully and to the same extent as if such bonds were signed by the President. sea.led with the corporate scaJ of the
Corporation and duly attested by its Secretary, hereby ratifying and coofumiDI all thaI the said Anomey(s)..in-Fad. may do in the premises.
This power of attoruey is granted punuant to Article VII, Sections 45 and 46 of By-laws aCTHE AMERICAN INSURANCE COMPANY now in full force and
effect.
"A.rtIde YD. Appoiauuut ud AutborltT of ResJdellt S<<ntu1eJ. Ano~.FIIt:t ad A,NU to accept l4aI Procea aad Make Apparueer.
SectIoa 4S. AppolGtlIJeat. The CbaJnaaa of tbe Board of Otrecton. tbe Presideot, aa)' Vlce-Presideat or aay other persoa audlortzed by tbe Board of
Dlreeton, lbe CbainDaa of tbe Board of Di.m:1:on. tbe PresideDt or lay Vlce-Praide1It IDaY. from time to time. appoiDt Resident Aaistaac SecreWies aad
Anof"lle1lo4a-Ftct Co f't1JracDt aad act tor lad OD beb..t of Ibe Corporadoa llId Acall 10 lc:etpllepJ ptoceSl lad make appeanaecl for IDd 00 bebaJf of Ibe
Corporation.
Secdoa 46. AlldJorlty. The autbority of sucb ResideDt tUsistaat Secretaries. Auorvrs-ta-Fact aad ACeuts sball be as prescribed I.a Ibe lostrumeat evideadDc
their .ppolatllleat. ADY sDcb appalatmeat aad aU autbority craDled tbereby IDay be re'foked acaay tiale by tbe Board of Directon or by aDY pcnoa empowered to
lllAke .acb appalalmeat."
This power of attorney is signed and sealed under and by the authority of the foUowing ResolutiQO adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984. and said R~olution has not been amended or repealed:
"RESOLVED. that the signature of any Vice. President. Assistant Secretary, and Resident Assistant Secretary of this Corporation. and the seal of this
Corporation may be afflxed or printed on any power of attorney, 00 any revocation of any power of attorney, or on any certificate relatina thereto. by facsimile,
and any power of attorney, any revocation of any power of attorney, or certificate bcarinC such fa~Unile signature or facsimile seal sball be valid and bindiog
upon the Corporation:'
IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its VlCC.Presidcl1t. aDd its corporate sea1 to
be hereunto affixed. this
1st dayof
June
,19~,
THE AMERICAN INSURANCE COMPANY
A .
4/5~-:~~-..~~
By
Vice..;', '.
} n.
Oathis 1 c::.r day of Tlln~ .19 9.n.-.before me persoDailycame R. D. Farnsworth .
to m. known. who, being by me duly sworn, <lid depose and say: thaI h. a Vice-Praident of THE AMERICAN INSURANCE COMPANY, lh. Corporation
described io and which executed the above instrument: that he knows the sea.I of said Corporation; that the seal aeflXed to the said in.strument iJ such corporate
seal; that it was so affIXed by order ot the Board of Directon of said Corporation aDd that he sicned his name thereto by Uke order.
IN WITNESS WHEREOF, I have hereunto set my band and affIXed my official seal. the day and year herein fIM above wrin.n.
.........H.M........"..........,,","'"",'"',.......
i OFFICIAL SEAL 5
= Q 1. M. VANDEVORT ;;
I NOTARY PUBLIC, CALIFORNIA i
iI Principal Ollie. In Marin County 5
i My Camndssion (xpim AlI9- 21. 1992 i
i...'H.'....n.'.......n.........."".n..."'I.I1.... i
STATE OF CALIFORNIA
COUNTY OF MARlN
-~
t./~
NOW'( P\lbIk
(;U(11l'1CA.TE
STATEOFCALIFORNlA
COUNTY OF MARIN
} n.
I, th...d.....icned. Resident A.ssistan, Secrerary of THE AMERlCAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that
th. forqoing and anacbed POWER OF ATTORNEY remains i.o full forte and bas DOl been revoked; and furthermoretha, Articl. VU, Sections 45 and ~ of the
By.taws of the Corporation. and the Resolution of the Board of Directors; $Cl forth in the Power of Attorney. are DOW in force.
Sicned and sealed at the County of Marin, Dated the 8 t h day of Ma r c h
94
.19_,
~~~~
It.~AJ:As&aOIs.e.::r.:wy
11'/7
360711-TA-<l-90 (REV)
I
,
,
1
CHULA VISTA TRACT NO. 93-03
TELEGRAPH CANYON ESTATE~
PHASE II \
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.....:::: 71.-1V
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// HUNSAKER &- ASSOCIATES SAN DIEGO, IN
Y
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UNIT NO. 1 _
MAP NO. 1,1011
/
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{@
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PLANNING - ENGINEERING - SURVEYING
10179 HVENNEKENS STREET - SAN DIEGO, CALlF'ORN1A 92121
(619) 558-<#500 ~ FAX (619) 558-1<#14
GENERAL
POWER Of
ATtORNEY
THE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: ThaI THE AMERICAN INSURAblCE COMPANY. a Co~ration incorporated under thelawl 01 the Slate of
New Jersey on February 20. 1846. anci reQomestic:al~ to the State of Nebraska on June I. 1990. and havin. iu principaJ office in the City of Omaha. State of
Nebraska, has made. COnstilUtc<1 and" appOlnted. and does by these presenu make. constitute ana appoin~
---VICTORIA M. CAMPBELL---
iG~;~~taw(J- Anoraey(s).iD.Fact, with full -power and authoritY bcrcbyeonfcn'cd in iu name. place and. steac1. to execute, seal. ackDowled&c aDd detiveruy
&Ad &1l bonds. W14crta.kin1. recopizaZ1OC1 or other WTincn obliptiODS in the c.aNTe thereof ____________________________________
and to bind the Corporation thereby as fully and to the same c:xteDt as if such bonds were signed by tne President. scaled with the corporue sca.I of the
Corporation and duly attested by its Sccr<wy. bereby ra<ityinr and coDlirminr all tlw lbe said Attorney(IHn-faa may do in the premises.
'!'his power of attorney;1 granted pursuant to Article VlI. Sections" and '6 01 By-laws of THE AMERICAN INSURANCE COMPANY now in full forne and
eff"".
. AnIde vn. Appo/JIUZlent ud A_Ibari,., of Residen' Seaeuries. A noro.,.,.u..Fact ud A,eau ro acap' LtpJ 1'rocaI UJd M.b Ap"..,.-.
Sectioa 45. A.ppoiauaeat. The Cba.irmaa of tbe Board of Directors. Ute Pf'ftidea~ aa,. Vice-Presideat or aa,. other penoa ..tbori:zed by tbe Board of
D\recton. tbe Cha.inDu of tbe Board of Direc1on. the Pnside1lt or la, Vlce-Presideat ma,.. from time Co time. appolat Readeat A.s1iIWIt Secretaries ud
AUOraeyJ4a..Facc to I"tpnseat aad act for aad OD beba!f of (be CorpondoalDd Acnu 10 accept lepl proc:ess aad lIl&ke appa.ruea for ud OD beUit of t.be
Corpontioa.
Sealo. '6. Aalbariry. ne a_lbon.." 01 suell Residea. MsistIIa.Secretaries. Anoroeyo-ia-facta.d A..... slIIIlJ be u prac:ribed 10 the iIulnlmeal nIdeaciD&
lbeU appolalmeat. Aa,. neb appolDtmeal lad aJJ aatJ:tority enated lbereby mar be rnoked al uy1ime by tbe Board of Direc:1.on or br aDY penGa cm.powerecll0
make lueb appoiatmcal."
'This power of anorncy is signed anel sealed under and by the authority of the foUowing Resolutien adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meetinr duly called and beld o. tIlellll day of July. 1911'. and said Resolution hu not bc<n amended or repealed:
"RESOLYED, that the signature of any Vic:e.President. AWwlt Sc;reury. and Resident Assistant SecretarY of this Corporation. &Dd the sea.! of this
Corporation may be affLXcd or printed on any power of attorney, on a.ny revocation of any power of attorney, or OD a.ny certificate reLatin& thereto. by facsimile,
&Dei any power of attorney. any revocation of &.DY poWeI' of attorney. or certificate bcarinl such facsimile stgnature or facsimiJe sa.I sball be valid and. binclina:
upon the Corporation:'
IN WITNESS WHEREOF. TIlE AMERlCAI'IINSURANCE COMPANY hu call$ed lbese presents to be signed by its Vice-President. and its co~me seal to
bebero:untoalfiJ<edthis 1st day 01 June .19.1Q....
~;"'"
(.'~~.:..~~,-:.'.:.:\
, J'.' . .
, ,
~ ~'-j
c-.. ,._ ,.7
"'nt
THE AMERlCAI'IINSURANCE COMPANY
By
4//~-"~~"r~~
y--........
STATE OF CALIFORNIA
COUNTY OF MARlN
} ~
Onthis 1<r- day of T"n~ 19!1.O-.beforemepersooallycame R.D.Farnsworth
to me baWD. who. bculr by me duly sworn. did depose and say: tlw be is Vieo-Presideat of THE AMERICAI'IINSURANCE COMPANY. 'be Corporation
delcribcd In and wlliell Cltccuted lbe above ioslnlmeDJ; tlw be bows lbe seal of said Corporation; tIw lbe seal affll<ed to lbe said ioslnlment Is suell corporate
seal: Wt it was 10 affixed by order 01 lbe Board 01 Diro:ton of said Corponltion and tIw be si&ned his lWlle lbereto by like order.
.
IN Wln1ESS WHEREOF. 1 bave hereunto let my bud and affiJ<ed my official seal. the day and year herein first above writteo.
..........".............m""""'""""'"""''''" .
i OFFICIAL SEAL ~
i@ J. M. VANDEVORT =
= NOTARY PUBLIC. CALIFORNIA ~
! PrincfQal Offici in Mann County :
! Wty Cammiuioo Ea.... """ 11. 1"2 =
i.."...._n.........AIH............m.u"'m..Hi
-~
~
Nowy ......
\...&.Kl1J'ICATE
STATE OF CALifORNIA
COUNTY OF MARIN
} ~
I. lbeuadenigaed. Resident AssisWIt Sccr....,. of TIlE AMERICAN INSURANCE COMPANY. a NEBRASKA Corporation. DO HEREBY CERTIFYtlw
tbeforqolnraad attaelled POWER OF ATI'ORNEYremaioa in full forceud hunot been revoked: and furthenaorewtArtide VII. S<ctions" aad'6ofthe
By-laws of the Corporation. and the Resolution of the Board of Directors; set fonh iD the Power of Attorney, are now in force.
Signed and sealed at lbeCounty of Mario. Dated the 10th day of
~;;""
/......\..-.'i"..,
{.'..
~ J!!JJ# :-
""....c'(tf;j....
March 19~
~~ ~ a;4
It.aidca&~ScI:nLwy
360711-TA.o.90 (REV)
//'~/
GENERAL
POWER OF
AI"I'ORNEY
THE AMERICAN INSURANCE COMPANY
.
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, 3. Corporation incorporated under the laws of the State of
New Jersey on February 20., 1846. and rcdomcsticated to the State of Nebraska on June I. 1990. and havinl ita principal office in the City of Omaha, State of
Nebmka. has made. consututed and' appoint~. and does by these presents make. constitute and appoint
---VICTORIA M. CAMPBELL---
i&~;~~ fawr~ Anomcy(sri.n~Fac:t. with full power and authority bereby con(ClTed in its name, plac:e and stead, to cucute. seal. acknowlcdlc and deliver any
and aJJ bonds. undcnakinS. rceognizaaces or other written obliaatioas in the nature thereof ___________________________________
,
and to bind the Corporation thereby as fully and to the same extent as if such beads were signed by the President. seaJed witb the corporate $eal of the
Corporation and duly attested by its Secretary, hereby ratifying and confinning aU that the said Attorncy(s)-in-Fact may do in the premises.
This power of anorney is granted pursuant to Article VII, Sections 4S and 46 of By~laws afTHE AMERICAN INSURANCE COMPANY cow in full force and
effect.
.. Arddc YD. Ap".,iatmeal .lId A.uthority of RC$ideal5<<:rrtuia, A.tloroeys..;".F.ct .lId AeeatJ 10 IHX'ept LepJ Prot:e:ss ud Mae Appa,..lIalS.
Secdoa 45. AppoJIIIIIICIJI. The Chairm.a 01 cbe Board 01 Oirec:1on. tbe Pmideat. .ay Vlce.Praideot or aay odler penoa autborized by tbe Board ot
Dlncton. lbe Chairmu. of tbe Board of Di.m:1ors. the Presideat or lay Vi(eooPresideat maYt from tilDe to Cimc. appoiat ReadeDt A.ssistaat Secretaries aad
Attora',.....a"F.et to repl"eSCat aDd let for aad oa betaaJf of tbe Corpondoa aact Aleats to IC'Cept lectJ process lad make appearaac:es for lad OD bebtJf 01 che
CorpoRdoa.
Secttoa 46. Authority. The authority of such ResideDt Assistaot Sec:n:taries. Aetorueys-ia"Fact aad Aceots shaJJ be as pracribed la cbe ilU:trumeot evideadDc
their .ppolDtmeat. ADY sucb IppoiDtmcot aDd aU IUlbooty cnuted tbereby OIlY be revoked.e lay time by tbe Board ot Directors or by aay pcnoa empowered to
aaake sucb apPointmeat,"
This power of attorney is signed and sealed under and by the authority of the foUowing ResolutieD adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held OD the 31st day of July, 1984, and said Resolution has not been amended or repealed:
uRESOLVED, tbat the signature of any Vice. President, Assistant Secrec.ary, and Resident Assistant Secretary of this Corporation, and the seal of this
CorpOration may be affiXed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate reJatin&: thereto, by facsimile,
and any power of attorney, any revocation of any power of attorney, or ccrtincatc bearing such facsimile signature or facsimile s.ea.I shall be valid and bind.ing
upon the Corporation:'
IN WITNESS WHEREOF, THE MiERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President. and its corporate seaJ to
bcher..untoatnxedthis 1st day of June .19-12-.
THE AMERICAN INSURANCE COMPANY
By
~~-
:f ~"-...c.-~
'r~~
"
} u.
Onthis 1 ~r day of Tl1T"\P . 19.9.0...-, before me personaUycame R. D. Farnsworth .
to me knowu. who. being by me duly sworn, did depose and say: that he is Vice~President of THE AMERICAN INSURANCE COMPANY, the Corporation
described in a.od whicb executed tbe above innrument: that be knows the sea.I of said Corporation: that the seal amxecl to the said innrumc:nt is such corporate
seal: that it wu so atnxed by order of the Board of Directors of said COfl'Oration and that he signed ha name thereto by Uke order.
--
STATE OF CALIFORNIA
COUNTY OF MARIN
IN WITNESS WHEREOF, I have hereunto set my hand and afflxed my official seal, the day and year herein fust above written.
...'Kt.'".NIN.tHtn.'......,"""'""'""'"rnn .
i OFFICIAL SEAL 5
i@'J.M.VANDEVORT;;
~ NOTARY PUBliC. CALIFORNIA ~
. Principal Office in Mtrin County ::
I My c.mnriuioft bpim Af4 28. '7'92 i
...'"u....n..........n..............u"IC'"'.n....i
-~
t/~
NowyP'ttblic
CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF MARIN
} u.
I. the undersigned. RcsidcntAssLstant Sccrcrary of THE AMERICAN INSURANCE COMPANY. a . NEBRASKA Cofl'OrarloD. DO HEREBY CERTIFY that
the foregoing aDd anacbed POWER OF ATrORNEY remains in full foree a.nd bas not been revoked: and furtherm.orethal Article VU. Sections 4$ and 46 afthe
By-laws of the Corporation. a.ad the Resolution of the Board of Dircaors; set fonh in tbe Power of Attorney, are now in force.
Signed and scaled at the County of Marin. Dated the
17th day of
March
19~.
/~ ~ t:24
RaicIa AIIiIIMl Socnury
J6Q711.TA-6-90 (REV)
//'.2.1.}
GENERAl.
POc/EIl OF
ATI'ORNEY THE AMERICAN lNSURA."ICE COMPANY
KNOW ALL MEN BV THESE PRESENTS: ThaI THE AMERICAN INSURAblCE COMPANY. a COf'1)Oratlon iricolllOrated under the 10.... of the Stale of
New Jen~ on February 20. 1846. and redomesticated to the Stale of Nebraska on June I. 1990. and naVlng Its principal oifice In the City of Omaba. SLate of
Nebraslr.:a. has mlele. COnsUIUl<<1 and appalntcd. and dOC$ by IhCK prC$C11u make, constitute and appoint
---VICTORIA M. CAMPBELL---
~~;~a:tawrJ. AnornC'Y(S)-lDeFaa. with full power andauthoriry be:rcby coaferred in its name. place and stead. to cxcc;utc..seal. aekDowledceaad ddiverany
IAli all bonas. ucc1cn.aJcinC. recocniza.DCC$ or otber wrinca obliptioD$ in the narure thereof ___________________________________
and to bind the Corporatioa thereby as fully and to the same cnent as if such bonds were signed. by the President, scaJcd with the corporate sc:a1 of tbc
ColllOralioa aDd duly anested by iu Sccn:wy, bereby ratifyiag and cnaiirmiag all thai tbe SIld AltOrney(.)-ia.Faet may do in the premises.
This po...er of anorney 15 granted pursuant to Article VB. Seetions.S and <6 of By.la.... of THE AMERICAN INSURANCE COMPANY 00'" ia full force and
cf(eel.
"Anide vn. AppoilUJlJtfJl aDd Aarboril1 o( Residel ~ Anoraqs..Jo-F.CI."d A,eau ro M:Cepr l.41l Pr0ce:s6 &lid Make AppanllCt:S.
Settioa 45. Appoilumear. Tbe Cbai.nua of tbe Board of DlAC'Ion. tJH: Presidea~ aa,. Vice-Presideat or aa)' olber penoa lalborized by die Board of
Dlredon. lbe Oaairma. of lbe Board of Dlreetors. \be Pn:sldeat or aa,.. Vlce-Presideat IDJ,Y. trom time to lime. Ippolat Resideal A.sIis&aat Secreuria aDd
AtlOnleys..f.a..FaCl to repraeal aad act tor lad OD beUJt of tbe Corpondoo aDd ACeuts 10 accept lee&.! process aad make appc:tJ"&DCCI for ud oa beaU of t.M
Corpondoa.
S<<Uoa 46. Aafbo,;ty. The autbority of sucb Rcsidea.1 A.ssistaal Sec:m.aries. Anoraeys..tD.Flc:t aad Ace-aU sball be as prescribed la tbe iDstrumeal evideociD.l
tbdrappolacmeot. ADY sucb appolatmeallad aD aatbority cna1td tbenb,.. EDIY be rnoked It aay time by tbe Board of DiftCtors or by &07 perIOD empoweml to
make sucb appoilltmeGt."
This power of anornc:y is signed and scaled under and by the autbority of the (eUewing Resoluti9D adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly ealled and beld on the 31st day of 3uly, 1914, aad said Resolution has not be<n amended or repealed:
"RESOLVED, !.bal the signature of any Vice-President. Assistant Secretary, and Resident Assistant S<<rewy of this Corporation. and the seal of this
Corporation DlIy be afrued or printed on any power of anorney, on any revocation of &.DY power of attorney, or on any certificate relating thereto. by fKSimile.
and &DY power of attorney, any revocation of aay power of attorney, or c:utificate be:a.ri.ng such facsimile signacure or facsimile seal sball be valid and bindin&
upon the Corporation:'
IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY bas c:aused these preseau to be aaned by iu Vi"".President. and iu eorporate seal 10
bebero:uatoafllxedthis 1st dayof June . 19~.
~;;""
/'~~~';~~.\"
(~~~)
t>..,~(,ff#>.\r
THE AMERICAN INSURANCE COMPANY
By
4J~.a-e:~1! -. r~~
.'.
YICC'-PraidaIt
STIITE OF CALIFORNIA
COUNTY OF MARIN
} ~
Oothis 1 "r day of 1m"" 199.O-,beforemepenooal1ycame R. D.Famswonh
to IDe known, wbo. being by IDe duly sworn, did depose and say: thai be is Vice-President of THE AMERICAN INSURANCE COMPANY, tbe COlllOralioa
dc:Ic:ribcd ia a.nd. wbich aecutcc1 the above instrumau: that be knows the seal of said Corporation: tbat the seal a.rr1XeC1 to the said insuument is such corporate
seal; thaI it wu 10 &fnxed by order of the Board of Directon of said Corporatioa and thaI be aaned his ll&lDe tbereto by Uk. order.
IN WITNESS WHEREOF. I bav. bereunto setIDY band and affIXed IDY offic:ial seal, the day aDd year berein nm above writlell.
"'"....."......*"'"'~,..~""""""""""'.
i OFFICIAL SEAL 5
; @ J. M. V ANDEVORT i
i .. NOTARY PUBLIC. CALIFORNIA i
:I Princtpll Offici in Mann County :
i ""~b..m_lI.1"1 i
..UH.,""".'.......A.H"..........m.''"''"..Hi
.
-~
~
N<<aI'f PubUc
Ck.Kl Ll' lCA:rE
STATE OF CALIFORNIA
COUNTY OF MARIN
}~
t. the undersianed, Resident AssisWlt Sccn:wy of THE AMERICAN INSURANCE COMPANY. a NEBRASKA COf'1)Oralion. DO HEREBY CERTIFY thai
the for",oiag and anached POWER OF ATI'ORNEY rentains in full force and bas DOt beea revoked; and furthermore that Article Vll. Sections.S and 46 of the
By.laws of the Cor,>orlDon. and the Resolution of the Board of Oircaon; set forth in the Power of Attorney, are now in force.
Sianed and scaled at the County of Marin. Dated the 10th day of
~&'"
r~".-...."".,
'. - .. ,
: /" !
~"t> ',lJ
",f"'~(tl'l~7
March . 19 ~
/~ ~ a~~
RcAdau: ........ S<<ntaty
1/"';' ?
360711.TA.90 (REV)
1993 BEST'S KEY RATING GUIDE - PROPERTY.CASUALTY EDITION
ANNUAL STATEMENT DATA FOR YEARS 1988.1992
-_. .. - ..... - ...... -. -
{Group Aftllillion)
PrinciptlOtflcer F C..h
Bepn ~:,i'~nl,::;:s Mktin. ..,. , . Not
lle1t's ifier , Short. SllXlo.s '" Total Uo. ., _. ~"" Not Bo.. Under. Not "'T..
Specillty Ratln! ""E"iiect1Wl1 Tom ... """ "clmitted "'" ..rned 01"" T... hOlders' ~iutns Prtmiums Not ..'trIlln, mvestJ'r<<ll Opnbnl Not
Ph.'" . "'" 1"","1- ".., Au.u ,l,s5ets .". Pmm Li.b, L"l)ilitfes Surplus Written Writ*'! .~ Incol'Tlt '''''"'' '''''''' "",-
F" "'" Yelr ", ('l ('l (SOOO) ('l ('l ('l ($000) ($000) ($000) ($GOO) ('l (SOOO) ($000) ($000) ($000)
AM" NAIC'
AMERICAN twlOWAR[ MUTUAl I"' (OH) , 'II I\.4 73-9 141 271.186 610.4 30,7 U 188.507 82.679 157.168 137.526 771 -1,551 1062 5.811 5.663
Mo\ofists Mulual. Nne,'kIn H.rdwart Grp A
otlWtE.H. Rlbold. Cl'l.irman,Pmident , , 'Il l.f 81.4 111 30.,62] 591 ".l '.7 218.579 &6.045 200.317 m.m 77.0 -17,1lOO 11.743 ~7 ~..
P.O. Box 4)5 , '" ,. ,. 79,3 16.9 325,84S 59.0 32.3 ,.1 244,Olt 8U30 245.391 l7a.m 65.4 .21.591 19.205 ...,.. ~"
MlnllNpolis.,MN 55440
1900: MUWliI: DIrect HA-' '91 ., 83.3 IH )2C.197 640 29,0 '0 272,488 51,709 233,115 175,011 ".0 -62,929 20,990 -41.939 _27.090
CQlTlmtrt:illlinn. PwsonllLilll$
612.935,1400 I , 'l2 .. '" " 305,HS 6U 26.2 " m,I,S '5.150 155,376 UI.611 72.6 -3US3 20.715 -12.131 -5.0&&
AM8 #00132 "lAlC_13331 . 06/01/93 ~nl'(i;lIIlt'e$,AWli.iIbilll'f 278\, ~'Comp166\, 1Am,~tfij \U\,ItIJIoPhy$all\O\.QlherW",",,5,O'lli PlircipliSll\t$:CAl5.]'V..'Il'I'7\:1frI6J'1li:"IY~1\:Fl.U'lli
.
AMERICAN l+OME ASSURAJrQ: CO At 'II ,.. .... '" '.790,564 '" I" 7.' 4,042.671 147,811 152,11\ l,95l.llt "' -13,9'1 \89,001 115110 '7.7ot
(AmerIcan IntnltiDnllGl1IUP) ,
~ M. SlIer, ,.,.... At . 'It .. IU .u Un.3U m I" U 4,H3.t02 m.m m,'" 1.951,714 "' "".612 US,2ll I...... 1I1~
70 PIne StreIC ,. ,. '.0 S3.0 ". 6.19U87 7" 111 U 5,051.111 1.140.706 141.91S 2,Q54.541 '" VII 221,851 232.631 IIU4'
New Yert, NY 10270 1
18!S3:S\ocII:~ At< , 11 16' .... ".0 W6,On 10.' I" 16 50332.519 1.493.SSI 997.961 2.103.154 ... 11.356 241.6H ","011 211.14.;
eomrn.t:lIlUnII
212.770..71)00 1++ I " \., 62,4 "' 7,363,391 82.2 14.4 ].I U37,m 1,725,$24 Ui5.6OI 2.OM.. 11. -76.238 nun ".". 16\.61.
.we 1'02034 NAIC .19380 " K/21ft3 PmtilIIl.NI:OIIlIrUlllltt 44n, WrnIrs'Cxr4l30,3l. oIMo LdJ6.n. PnactI LiIllMlly2.8'1li.m 2.21 ~ SIIIII: HY2U\;CAI6,7I; txUl;l1.8I;fI.1.11
AMERICAN INDlMNITY COMPANY I , 'II 13 774 21' 105.108 '"~ ]79 5' 18.399 27.309 0.106 65.531 914 -3.0H 5,963 "" 3.1"
(Ameriean Incltrnnily Group)
J.Feflman Seinsheimerlll. Pres "CEO .- " 'II ,. 77.6 200 \Ol,m 55.1 35,1 " 81.597 26)80 44,640 65.351 85.4 ~9,220 un ...", -328
P,O, ao.I259 ,- ,. II 6',2 27,7 !lo,m 56,1 34.0 " 8i.27l 23,100 45.276 63.161 74.7 -10,610 MOl -5.001 ~1.7SO
Galv~ton.TX 77553 ,
19l3:StO:;k:A&.ncy ,- . '9\ 12 74.8 22,0 105.988 55.' 32.a 11,4 10,731 25.257 40.011 S4.203 71.6 ..z.95O 5,621 ...TI 2,m
ComrnettilILinn.Pe~IILines
409.766.4600 ,. I 'l2 l' 78.3 203 106.364 52,4 37,5 10.1 8un 24.631 47.38' 64.656 78.5 -6.32' 5,11& ~50 1IO
-'MB "02037 NAIC '19518 . G4112/U PM;ipaILNs:~LiItliill'f(5,4\.C4m'1~17,0\.~11.0'I.AulcPtlysicll9.3',0lt.-1.ilbiitJ7.0'lli Pr'rIcipal StJtes: TlSO.2'1li: LA 5"'; FlUI;M$UI; TN 1.61
.' "0'" "" ",'" w....'......,
AIIfItICM INDEMfITY U,OYDI . , 'n 2U- TI' U '" ... ..' 100.0 , '" 1,197 ... ... 3l ... 3l 22,
(AmIricIn lNlemnity Group)
J. Feflmln SeinsMimer Ut. Any-irH'1CI: 1- " '" 33.4 62.9 '7 532 ... H' 100,0 27 50. 2.856 ... ... " ... " !t,
PO, BoIlZ59 1- , ,. 51.6 '1I ... '"~ ... 'H 100,0 " 511 1,110 ... ... '00 ~ " I.
Galvtston.TX 71553
1983:Llo)'ds: Acener I. , 11 50.1 3", H' 170 ... ..' 100.0 10 690 '.lot ... H' 182 H' 182 ::.
Commerdll Lines I-
409-1~600 r " ... l3.2 H' '" H' H' 100.0 " '" 1l,393 'H H' 226 ... 227 11
"'''0177.,- :" NNC t 43559 . D4l1VtJ PmeipII StM: TX 100.01 . ,,,..
AMUICAN IND(I'f;NDfNT INS co HA.' 'U 2U 59.6 16.0 5,380 29,8 53.1 16,5 4,226 U53 13,748 ,.. ,. -1.561 '50 -710 -1.059
(No Group Affililtion)
LewlsS,SrnalI,PresiOent HA-' 'Il 5' 60.' '" 4,513 20.3 .., 25.6 3.082 1.532 1,646 1.646 100.0 lot .. 117 "'
533 G.rmantowl'lPlke. Suite 208 HA-' 'to 20,5 16.8 62.7 4,17l 34.6 40.4 25.0 3.529 1.242 5.135 1,600 3\.2 -111 '" ..., ,..
Ptymiu:;~,~~ :~r~r62 HA-' "I (0,2 19,8 40,0 uS" 61.1 22.9 16,0 2.566 !.l81 4.733 '" 19.1 -104 160 " II
Comm.rcill AuW,P.rSOI'llIAulo III.' _"0 -730
215.832.4940 'l2 33.4 13,0 536 6,044 52.1 20,6 273 UU l.3oo ..... 3.0H 46,5 ..., 111
AM8 _04969 NAIC ..17957 , 01l06ft3 ~nciI*l.iI'Ia:A,,*u.oar-,983'1li,I.ulcPhysall.7\ PnrciPlllSl$l,:PAloo.O'lli
'C<--'. ".-,,1 '. ~~J1<;.'-'" . '!'-'.'.......---.'- . '"oA" ,."l..;':-.''''_' -. . .... . ".~ ,. .-".,,..,. '.'" .~.... ,..,.,,"- '" '" ., .',.'-.J~!.':" , ."
THE~INStJRAHCECO~NI). A " 11 III ,,.. 13.1 1,578.441 7U IU .. l.216.257 302.191 595,909 522.499 .... -42.516 101.'" """ \I~
(fdNn's FvM InsurInCI eo.. -,.'
Herbertf,Hln~,Cl'IIirmInlCEO , 'I 11 '" 'U 14.] 1.597.392 79.1 I" $.I 1.345.769 251.623 615.103 484.931 ".0 -119.001 111,241 .L1t1 IUti
177 SanMlnn Drfye , , 'lO IU n. 15.1 1.572.166 10.1 IU '.0 U31.7n ,..... 401.931 ....". ".1 -10U31 97JI' ...." -am
_CA '4998
1846:StocIo::,t,pIlcy . , 11 II au 11.5 1.583,liO 1l.0 lU 31 U09.459 273.650 435.471 462,981 51.1 -Ioa.m 112.11' utI lI.7l7)
Mvltlplellnel
41 ~'99-2000 1 , " l.l ,ao ll,5 1.665,890 81.6 1"-3 ., 1.336,3S4 329.534 403.817 437.264 5l.6 ~106.22] !l1,m IU31 34.490>
*' '02111 NA/C.1'21851 III O$/24tn Pri'w;ilIILilK""'Clmp31.2'.Com'~22.51.",*~U'I,~9.11,*I.iItlilIfrU' Pm:ipIIStIlIt: CA25.61; NY 11,71: PA9l'lli;III].71.: 1lI)-U~,
AMERIC"N IHTtGRITY INS CO ,. 'U 12,9 n5 '5 44.679 SU 41,4 '7 28.032 16,646 5U06 49.153 89.5 ~,414 3.611 1.257 1.316
(NcGroupAffilialion)
J.WillilmSrlndner.Prt$ldent .. 'Il 20.7 13.6 I.' ~4,400 '0,0 50' ... 35.525 1-&816 80,924 72.469 8U .2,540 '.m 1.669 2,240
Two PIOn Center PlIII. Znd Floor , 'to 28,9 62.4 " 61,932 56.6 ".. " 41.063 20.869 103,305 95.251 ,<0 -4,1a3 4.m -66 110
Philldelphil.PA 19102
1966: Stock :Ag.rq MA-lI . '91 ,<7 65.8 17,5 63.140 ." 28.9 5' 41,590 2l.S5O 97.395 83.078 85.3 -7.222 ',Iot -2.1\3 '"
2IN.~~~oo F 'Il ,., 49.5 46.7 58.481 6U 34.4 t. 49.3i6 '.105 78,967 42.156 53.4 -16,433 2,927 -lllOI ~12,3OI
AMB _03207 NAIC..10197 07/06/93 PTi/lci;:1Ijli/'la.:OI!lerUH100.0\ IImciI*StIlII: lll,''A.;CA 11.4": R.IO.31:N'i'.0'lli: TU.2\
w;t.;"-' . .', ......~:'I."'.'f;l... '",,,,-!,.,,,,,,,;"'.,.,. '" .... ,...'__~.: -'-"'7'''''''.~''''''". " .. ""." ~,-"'^''' -"'-';'l''',_.' .. " ..-~. ., ..-.,"-,.~,,,,,,..,....,:~
AMRICAH 1Nl1Jt-no EXCH, ... _
(~lnttr.rll;lelityGroup) 'n 5.' 57.1 373 U10 .., '" 11.4 ,'" 2,860 1.699 1.516 '" .... '" -169 -149"
HII'OId Antlmon,CfO HA.' I 'Il 50.0 32,6 \7,4 14.705 .... U 14.1 U14 .,,,. 12.111 !l,OU 11.1 ~1.361 III ~.. -735-'
8400LouISiIl'II StrIIt HA-J I ,. II 7'5.9 1'-3 19.127 '" 0. " 17.121 to" 12.019 6.957 57.9 -7,275 1211 ...". ~,""!
Men1IlvIIIt.~ 46410
1981: RAG: DIrect "'-l , 11 .1 ".0 27.0 16.131 ". ,. 1.0 13.700 2.U' 7.761 1.001 ... -3,168 "OIl ...'" -I,,,",
Commercial Auto. iI'lllnd Mlrlne
219.755.4567 III-I 2 12 19.4 40,4 ".1 \3.173 ".1 .. ... 1I.m tOOl 5.051 3.133 61.9 -2,682 ... -1.122 -1.3S4:
AM8 101716 NAIC 0<0080 . 0l1Ol/lJ I'mdpIIlM Na LiIllIly 94.71.'" lIItiJlI5JI PrW;:iJIIIs..: CA 36.31; 1l10.0\; LlOl; 1'17,11; 'O.U.i;~'
,
AMERICAN INTERNATIONAL INS CO (NY) .. I 'II 21 71.8 2~' 1!9.m 71.5 21,6 05 116,288 73.089 U'l !l7,817 100.0 -26,Im 13,225 -IO}&9 -2.383
(American International Group)
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1975:Stock:Aa;erq ... 1 'II '.l 72.0 24.1 212.406 86.8 ]3.5 -20.3 143.055 n.351 15.436 154,281 73.1 -9.l01 10.351 1.251 2.119
Per1Ofl.IA~to
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34
- Cail 90(J.555BEST jar the west Best's Ratings -
1993 BEST'S KEy RATING GUlDE-PROPERlY-CASUALlY
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RECORDING REQUESTED BY: )
)
city Clerk )
).
WHEN BeORDED MAIL '1'0: )
)
CITY OF CHULA VISTA )
276 Fourth Av.nue )
Chula Vista, CA gl'10 )
)
No transf.r tax is due as this i. a.)
conveyance to . public agency of )
1..s than a fee interest for which )
no cash consideration has been paid )
or received. )
)
~~_(\ lJ~~-- ~
Deval er 'i )
)
\
Above Space for Recorder's Use
.
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
Telegraph Canyon
(Conditions 3, 4, 30, 31, 32, 33, 34,
35, 36, SO, 60, 61, 62, 6B, 71 and 73)
This Supplemental \~~diVi.io~vement Agreement
("Aqreement..) is made this - day of , 1'93, by and
betw.en THE CITY OF CHULA VISTA, California ("City" or .Grant....
for r.cording purpose. only) .and otay Vista Associates, a
California limited partn.rship ("Developer" or .Grantor"), with
reference to the facts s.t forth below, which recitals constitut.
a part of this Agr..ment:
BCITALS
A. 'this Aqr.ement concerns and affects certain real property
located in Chula Vista, california, more particularly described on
Exhibit .1." attach.d h.reto and incorporated herein (.Property.).
The Property 1s part of a project commonly known as. Teleqraph
Canyon Estates (.project..). :
B.
Developer 1. the cnmar of the Property.
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C. Developer has applied for and the City has approved a
~entative Subdivision Map commonly referred to as ~eleqraph Canyon
Estates, Chu1a Vista ~ract 93-03 ("Tentative Subdivision Map") for
the subdivision of the Property. .
D. ~he City has adopted Resolution No. 16960 ("ReSOlution")
pursuant to which it has approved the ~entative SUbdivision Map
subject to certain conditions as more particularlY d.scribed in the
Resolution. The description of the conditions in this r.cital
section of this Aqr.ement is intended only to summarize and
paraphrase such conditions in the Resolution, and is not int.nded
herein to modify or explain them, and is not intanded .s a basis
for interpretinq them. .
E. Condition Nos. 3 and 60 of the Rasolution r.quires
Developer to perform certain .i tiqation .easures to the
satisfaction of the Director of Planninq,and to cause
implementation of mitiqation .easures to be monitor.d via the
approved Mitiqation Monitorinq proqram.
F. Condition No. 4 of the Resolution reqqires Developer to
.ither (a) comply with, r.main in complianc. wiih, and implement,
the terms, conditions and provisions of the Tel.qraph Canyon
Estates General Development Plan, Sectional planninq Area Plan,
Master Plan of Reclaimed Water, Water Conservation Plan, Air
Quality Improvement Plan and the Public Faciliti.s Financinq Plan
approved by the Chula Vista city Council (coll.ctively, the
"Tel.qraph canyon Plans") which are applicabl. to the Property
prior to approval of any final subdivision map ("Final Map"), or
(b) enter into an aqreement with the City, providinq the City with
such security (includinq r.cordation of cov.nants runninq with the
land) and impl.mentation procedures as the- City may r.quire,
.ssurinq that, after .pproval ot all Final Maps, Developer shall
continue to comply with, r.main i~ compliance with, and implement
such '1'eleqraph Canyon Estates Plans.
G. Condition No. 14 of the Resolution r.quires the Dev.loper
to install transit ameniti.s on both sides of Otay Lak.s Road at
the project entry or appropriate alternative location as approv.d
by t;h. city Enqin.er. Transit ameniti.s includ. but ar. not
liaited to bench.s and/or shelt.rs and ar. subj.ct to approval by
the City Enqin.er. Develop.r. was requir.d to pay $5,000 cash
deposit to the city prior to the approval of the first F.t.nal Map to
fund transit ...nities wh.n required, receipt of ;vhich bas
occurr.d. .
B. Condition No. 27 of the R.solution, which vas .ubsequent-
ly ...nd.d by Resolution No. 17278, r.quir.d that, prior the
recordinq of the final aap, the Dev.loper vas to ent.r into an
.qr....nt with city to commit to us. of r.claim.d vat.r .t the
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earliest possible date and to make all reclaimed water use conform
to the applicable requlations of Chula vista, Regional Water
QUality Control--Soard and the state Department of aealth. .
I. (Condition No. to] city bas .dopted city-wide growth
aanagement -thresholds", as establi.hed by city Resolution No.
13346 ("Threshold."). Thes. Thresholds establi.h performance and
-quality of life" standards for a variety of servic.s and impacts
which mu.t be inexistence or satisfied by the Project .s a
condition to the city permitting the Project to be built. In
addition to the Thresholds, .nd as a mechanism to in.ure compliance
therewith, the city has .dopted the Ea.tern Chula vi.ta
Tran.portation phasing Plan ("phasing plan"). The Phasing Plan
provide. that certain transportation facilities .u.t be in
exi.tence or provided by the Project a. a condition to the City
permitting the Project to be built. The Thre.hold. and the Phasing
Plan establish .tandards and lev.l. of service for various
identified public facilities and these standards .nd levels of
..rvic. are enforced through the withholding of building permits
when the public facility or re.ource drop. below . sp.cified
thre.hold. Condition No. 30 r.quire. Developer to .qree to comply
with the Thresholds .nd standards created by City Re.olution
No. 13346 and the Phasing Plan.
OS. Condition No. 31 of the Re.olution require. Developer and
city to comply with the requirement. of the Ea.tern Chula vi.ta
Tran.portation Pha.ing Plan and Tran.portation Development Impact
Fee Program.
It. Condition No. 32 of the R..olution re;uire. Developer .nd
city to enter into an aqreemen~ with the city wherein Developer
shall agree to not prote.t the formation of (1) . aaintenance
district for the maintenance of land.c:aped .edians .nd .cenic
corridors along certain street. within .nd adjac.nt to the Project;
.nd (ii) an ......ment di.trict for the aaintenance of Telegraph
Canyon Flood Control Channel.
L. condition No. 33 of the Re.olution require. the Developer
.nd city to enter into an agreement wherein Developer .gre.. to not
prote.t the formation of .nd inclusion in a Community Facility
District to finance con.truction of State Route 125.
M. condition No. 34 of the Re.olution requires the Developer
to enter into .n .greement to indemnify .nd hold harmle.~ the City
from .ny claiu, .ction. or proceedings .gain.t the City to attach,
.et ..ide, void or annul .ny .pproval by the-City with ~gard to
the Telegraph canyon E.tate 8ubcUv1sion. '
N. Condition No. 35 of the Re.olution require. the Developer
to enter into an .greement to hold the city harmle.. from .ny
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liability for erosion, siltation or increased flow of drainage
resulting from the Project.
o. Condition No. 36 of the Resolution requires the Dev.eloper
to enter into an agreement with the City relating to the provision
of franchi.. cable television service. a. aore particularly set
forth in Condition No. 36.
P. Condition No. 50 of the Resolution requires the Developer
to submit to the City ennual building permit reports, traffic cost
analysis and fiscal impact analysis on the terms set forth in said
COndition No. 50.
Q. Condition No. fi1 of the Resolution requires the Developer
to dedicate and record an open space ea.ement on a ainimum of .9
acre. wetlands a.sociated with a larger wetland. area on the otay
Ranch property in a location approved by the Director of Planning.
R. Condition No. fi2 of the Resolution, which was subsequent-
ly amended by Resolution No. 17278 requires that prior to approval
of a final map by the City council, the Developer to execute an
.affordable housing agreement in a form sati.faotory to the City
prOViding for 34.4 affordable housing units on the area of the
Tentative Map covered by the Later Final Maps, and in accordance
with Condition No. fi of the Telegraph canyon Estates GDP and SPA
Plan (Re.olution No. 16768) prior to the recordation of any Later
Final Maps for the project.
S. Condition No. fi8 of the Resolution, which was sub.equent-
ly amended by Resolution No. 17278 requires Developer to enter into
an agreement with the city prior to the recordation of the fourth
Final Map (a. defined in the amending Resolution) providing that
Developer will cau.e, consent to, permit, apply for, and not oppose
the planning or replanning and loning or rezoning of an off-site
parcel(s) as a Community Purpose Facilities site. Said off-site
parcel(s) shall be satisfactory to the City and of the same
approximate size as that which may have been required on-site, and
mu.t be owned by the Developer, be within the juri.diction of the
city and otherwise be within the vicinity of the project and
subject to the satisfaction and approval of tha Director of
Planning. otherwise, Developer i. to submit a Revised SPA Plan and
Tentative Map which provide. for said site within the subdivision.
T. 'l'here are certain other unperformed and unfulfilled
conditions of said Tantative Map, such a. Condition Nos. :71 and 73.
v. City is willing, on tha pruise., 'security, ~ and
condition. herein contain,d to approve the first three 'final "p.
for which Developer ha. applied commonly known as Neighborhood 1,
Unit 11 Neighborhood 2, Unit 11 and Neighborhood 3, unit 1 (WFirst
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~.e Final MapsW) as being in substantial conformanc. with the
~entative subdiyision Map for the ~erritory of such Fir.t ~br.e
Final Map.. . .
MOW, '1'HEREFORE, in .xchange for ~he autual covenant., ~.rms
and condition. h.r.in contained, the pa~i.. agr.. a. s.t forth
below.
1. Agr....llt AJlplioa!>l. to 8=";U.llt owner..
1.1 a;r....llt BillcUJl; UpOIl 8uoo...or.. ~i8 Agr....nt
shall be binding upon .nd.inur. ~o the ben.fit of the succ..sor.,
a..igons and int.r..t. of the pa~i.. .s to any or all of the
Prope~y until relea.ed by the autual consent of the p.~i...
1.2 agr....llt .un. witb tb. Lalld. '1'he burd.n of the
cov.nants contained in this Agr..ment (WBurden") ia for the benefit
of the l.nd owned by ~he city .dj.c.nt to the Prope~y. ~he Burden
~ouche. and concerns the Property. It is tile intent of the
parti.., and the pa~i.. agree, that this cov.nant sh.ll be binding
upon, and run with, the ownership of the l.nd which it burd.ns.
~he Burden of ~hi. Agr..ment .hall be r.l.a..d from titl., a. to .n
individual lot or unit within the Project upon the sale of any lot
improved with a r.sidence. If r.quest.d by Dev.loper, City ahall
ex.cut. a quitclaim rel..sing the Burden of thi8 Agr....nt from the
~itl. ~o any auch lot.. If D.v.lop.r aa.i;n. any po~ion of the
Prop.~y aubj.ct to the Burden of this Agr..ment, D.v.lop.r sh.ll
have the rIght ~o obtain a r.l.a.e of any of Dev.lop.r'a
Obligation. under this Agr.ement provid.d Dev.loper obtains the
prior written con.ent of the City to any auch r.l..... city ah.ll
not withhold it. consent to any auch r.quest for a r.l.a.. ao long
a. the a..ignee demonstrate., to the r.a.on.bl. aatiafaction of the
City, it. ability to perform it. Obligation. under this Agr...ent
a. it relates to the po~ion of the Project which is being acquired
!ly the a.sign.e. .
2. COIUUUOJl 110. I aJlel .0 - .iU;aUoll ....ur... 0 Develop.r
ahall, at th.ir aol. co.t and .xp.n.., implem.nt all aitigation
....ur.. r.quir.d by ...olution Mo. lU60, and in pa~icular,
S.ction IX, B. and s.ction VII, Condition Mo. 10, ~o the
o sati.f.ction of the city and shall implem.nt or caus. ~o be
implem.nt.d, at th.ir aol. coat end .xpen.., the Miti;ation and
Moni~odng Program r.;uir.d by ..aolution No. 16860, S.ction IX. D.
3. COJlUUOJl 110. . - coapliuo. WUb .1aJla. %n aatisfaction
of Condition Mo. . of the ...olution, D.v.loper har.by ce~ifi..
that Developer la currantly in c01llplianc. with and.gr... ~o
(a) r..ain in complianc. with, and implement, the t.rm., conditiona
and provision. of the ~.l.graph Canyon z.tatas Plan. prior ~o
approval of' any Final Map, or (b) agr.e. ~o provide the city with
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8upP. SU for ~ele;raph Canyon Estat..
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auch aecurity (including recordation of covenanta running with the
land) and implementation procedure. as 'the city aay require,
assuring that, after approval of Final Map., Developer ahall\'
continue to comply with, remain in compliance with, and implement
auch ~elegraph canyon Plans. Developer shall have satisfied its
Obligations to comply with the ~elegraph Canyon Plans so long a.
Developer remain. in substantial compliance with 'the action plan
for implementation of the ~elegraph Canyon Plans set forth on
schedule 3 attached hereto and incorporated herein.
4. Con4ition .0. 14 __ ~r&D.it ..enitie.. Developer shall
in.tall such transit amenities on both sides of otay takes Road at
the project entry or appropriate alternative location as approved
by the City Engineer. ~ansit amenities, as the term is used
herein, shall include, but shall not be limited to, benches and/or
shelters and are subject t.oapproval by the City Engineer. city
acknowledges receipt from the Developer of $5,000 as a cash deposit
t.o secure Developer'. promise. in this regard.
5. con4ition .0. in -- .eclslae4 .ster Vse. Developer
hereby agrees to install reclaimed water piping in such locations
a. city shall require, and at such time. as cit.y ahall require same
during the construction of the infrastructure for the Property.
Developer further agree. that it and it.. auccessors in interest
shall u.e reclaimed water at the earlie.t pos.ible date aeme is
reasonably available at such price as city shall determine is
reasonable, which .hall at a minimum be understood t.o .ean at least
the price of potable water. . Developer shall otherwise be comply
with applicable regulations 'of Chula vista, Regional Water QUality
Control Board and the state Department of Health as t.o the purchase
and use of reclaimed water.
6. con4itlon .0. SO - aul141ng ~ermit.. .ot. to Sssue While
~bresbo14. Deficient. In aatisfaction of Condit.ion No. 30,
Developer agrees as folloWS:
6.1 Developer hereby grants to the city the right t.o
withhold building permits for any dwelling units on the Property at
auch t.ime as anyone of the following occur:
6.1.1 ~affic volaes, levels of aervice, public
utilit.ie. and/or service. exceed the standards for those adopted
City ~hresholds identified on Schedule 1 et.tached bf1'eto and
incorporated herein; or, {
~ ~.. ,
6.1.2 .egional development. threshold limit.s
identified on Bast Chule vist.a ~ansportat.ion phasing Plan,
Schedule 2, at.t.ached hereto and incorporat.ed berein.
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7. Condition Ho. 31 - Compliance With .astern Chula Vista
~ran.portation ~hasinq ~lan and ~ransportation Development xmpact
r.. I'ro;ru. In satiafactlon of Condition No. 31, D.v.loper .qrees
that it shall co.ply with the r.quir.ments of the r.vised Eastern
Chula vista ~ansportation Phasing ~lan .nd ~ansportation
Dev.lopment Impact F.e proqram or .s said documents .ay be revised
ba.ed on the conclusions of the H.N.'.l'.B. stat. .Rout. 125 ~inancing
study.
8. condition Ho. 32 - .0 I'rotest of Maint.nano. Di.trict or
........nt Di.trict. In sati.faction of Condition No. 32 of the
R.solution, Developer and their heirs, .s.ign., tran.f.r..s, and
other succ.ssors-in-interest, ber.by agr.es to not protest the
~ormation of . maint.nance di.trict ~or the maint.nance of ..dians
and sc.nic corridors alonq str..t. within and adjacent ~o the
Prop.rty .nd to not protest the formation of and inclu.ion of the
Prop.rty in an ......ment diatrict ~or the maint.nanc. of '.l'.legraph
Canyon Flood Control Channel. '.l'hi. .gr..ment ~o not prot.st the
inclusion of th... public improv.m.nt. .hall not be de.med a waiver
of the right ~o challenge the .mount of .ny a.......nt which .ay be
impo.ed due to the .ddi tion of th.se n.w improv.ment. .nd shall not
int.rf.re with the right of .ny per.on ~o vote ip a s.cr.t ballot
.l.ction.
,. condition HO. 33 - HO ~rot..t of .ormatioD of community
..cility Di.trict. In .atisfaction of Condition No. 33 of the
Resolution, Developer hereby aqrees to not prot.st the formation of
and ~nclusion of the Property in . community ~.cility di.trict to
fin.nce construction of stat. Rout. 125. '.l'his .gr....nt ~o not
prot.st the inclusion of these pUblic improv...nts shall not be
d.em.d . waiver of the right to challenge the ..ount of any
......ment which may be impos.d due to the addition of th... n.w
improvement. .nd .hall not int.rf.r. with the -right .of any per. on
~o vote in . s.cr.t ballot .l.ction. . .
10. condition Ho. U - 8ubdivisioD Map %Ddemnity. In
satisfaction of Condition No. 35 of the R.solution, the Dev.lop.r
.gr... that, on the condition that City shall promptly notify the
Dev.lop.r of any claim, .ction or proc..din; and on the furth.r
condition that the city fully coop.rat.s in the d.f.n.., the
Dev.lop.r shall d.f.nd, ind.mnify, and hold harml... the city, and
it. .q.nt., offic.r. and employ..., from any cl.im, .ction or
proce.dinq .qain.t the city, .or it. .q.nt., offic.rs or employ..s,
~o .ttack, s.t .sid., void or annul any approval by the City,
includinq .pproval. by it. planninq Commi.sion, City Council, or
. any approval by it. aq.nt., offic.rs, or employ... with:raqard ~o
this Projact.
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11. Con4ition 110. 35 - Catlle S'elevision aas_ents. :En
satisfaction of Condition No. 36 of the Resolution, the Developer
agrees to permit all cable televi.ion companies franchi.ed by the
City of Chula Vbta equal opportunity to place conduit to and
provide cable ~elevision service ~or each lot or unit within the
Project.. Developer further aqrees to vrant, by license or
easement, and for the benefit of, and to be enforceable by, the
City of Chula Vista, conditional access to cable television conduit
within the properties situated within the Project only to those
cable television companies franchised by the City of Chula Vista
the condition of such vrant being that (a) such acce.s is
coordinated with Developer's construction schedule so that it does
not delay or impede Developer's construction schedule and does not
require the trenches to be reopened to accolDlllodate the placement of
such conduits; and (b) any such cable company is and remains 1n
compliance with, and promises to remain in compliance with, the
terms and conditions of the franchise and with all other rules,
requlations, ordinances and procedure. requlating and affecting the
operation of cable television companies a. same may bave been, or
say from time to time be, i.sued by the city, of Chula Vbta.
Developer hereby conveys to the City of Chula Vista the authority
to enforce said covenant by such remedies as the City determine.
appropriate, including revocation of said grant upon a
determination by the City of Chula Vista that they bave violated
the conditions of the grant.
12. Condition .0. 10 - 8ubmission of annual auilding .ermit
and Other .eports. In satisfaction of Condition No. 50, Developer,
and their beirs, assigns, transferee. and other successors-in-
intere.t shall submit to the city Director of Planning annual
building permit reports. '1'he first of such reports sball be
submitted cOlDlllencing a. of February 1, 1"4. Sub.equent reports
shall be delivered on an annual basi. until the last building
permit 1n the Project has been issued.
13. Condition Bo. .1 - .etlands "sement. Developer agrees
that it will not apply for Council approval of a fourth or'later
final map to the Property, and City may withhold approval of same
notwithstanding all other conformance with the '1'entative Map, until
Developer has dedicated to the City, and same bas been recorded 1n
first priority position, a minimum of ., acres wetlands associated
with a large wetlands area on the otay Ranch property in a location
approved by the Director of Planning. \ : ..
14. COnditioD Bo. .2 - Affordule .0UdDg "gre.ent.
Developer agrees that, without permiasion of t:be City Council, it
will not apply for Council approval of a fifth or later final map
to the Property. until City and Developer have reached an affordable
bousing agreement in a form satisfactory to the City providing for
34.4 affordable bousing units on the area of the '1'entative Map
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cov.r.~ by the fourth or later final aaps, and in accordance with
Condition No. 6 of the ~elegraph Canyon Estate. GDP and SPA Plan
(Resolution N~. 16768).
15. condition No. .. - SonillljJ ~or a CO_lUlit}' hrPo.e
.acilitie. lite. Developer agree. that, if one or aore parcels of
property satisfactory to the City an~ of the same approximate aize
a. that which aay have been require~ on-site, owne~ by the
Developer within the juris~iction of the city an~ otherwbe be
within the vicinity of the Property has not been (re)planne~ an~
(re) zone~ a. a Community Purpose Pacilitie. aite at the time
Developer applie. for council approval of a fourth or other final
aap for the Property, or if the partie. 'have not raache~ a
aatisfactory aljJreement for the planninljJ and zoning of auch a
parcel, city aay withhol~ approval of aame notwithatan~ing any
other requirement, an~ Developer ahall aubmit a Revi.e~ SPA Plan
an~ ~entative Map which provi~es for aaid aite within the
auMivision. city agrees that proximal areas of the We.tern Parcel
of the otay Ranch Project may provi~e auch an off aite parcel if it
aeet. the other requirement. of annexation and owner.hip by the
Developer at the time of zoning.
16. Compliance With Unfulfilled Condition.. Develop.r aqre.s
to comply with all the con~ition. of the ~.ntative SuMivi.ion Map
which remain unperforme~ or unfulfille~ at the time of the filing
of the Final Map, inclu~in9 the following con~ition. no.. 71 an~ 73
which read as follows:
condition No. 71. Pay the following f.e. in
accordance with the city C~e an~ council
Policy:
a. ~he ~an.portation an~ Public Facilities
Development Impact P.e. prior to the i..uance of any
building permit;
.
b. Signal Participation Pee.;
c. All applicable aewer ~aa., includinljJ, but
not limite~ to, .ewer connaction fa..; an~
d. ~. ~elaqraph Canyon 8awar aaa1n ~ae.
Con~ition No. 73. Comply with ~itla 24 an4-
any other anar'iJY con.ervation ordinance. and'
policie. 1n affect at the tiae con.truction
occur. on tha property 1n conforaance with the,
~antativa luMivbion llap.
,
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17. ..ti.f.ction of condition.. city agrees that the
execution of this Agr.ement constitutes satisfaction of
Developer'S obligation of conditions 3, 4, 14, 27, 3D" 31, 32, 33,
34, 35, 36, 38, 50, 61, 62, 68, 71 and 73 of the Resolution as it
applias to the territory of the First ~hree Final Map. for Chula
vista Tract '3-03.
- .
)'
18. .e coreS in; .
prepared by either or
of either party.
1'. xisoellaneous.
~hb Aqreement, or an abstract bereof
both partie., say be recorded at the option
19.1 '.oUoe.. Vnless otherwise. provided 11' this
Aqreement or by law, any and all notices required or permitted by
this A;reement or by law'to be served on or delivered to aither
party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to
whom it 1s directed, or in lieu thereof, when three (3) business
days have elapsed following deposit in the V.S. sail, certified or
registered mail, return receipt requested, first-class posta;e
prepaid, addressed to the address indicated 11' ~is A;reement. A
party may change such address for the purpose of this paraqraph by
91ving written notice of such change to the other party. Facsimile
transmission shall constitute personal delivery.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA '2010
Attn: Director of Public Works
Developer:
otay vista Associates
c/o ~he Baldwin Company
11'75 El Camino Real
San Diego, CA '2130
Attn: project Mana;er of
~eleqraph canyon Project
A party say chan;e such a44ress for the purpose of this paraqraph
. by 91vin; written notica of such change to the other party 11' the
sanner provi4ed 11' this para;raph. Facsimile transmi.sion shall
constitute personal delivery., ~ : .
11.2 capt10llS. Captions 11' this Aqreement are 1n.erte4
tor convenience of reference and do not define, describe or limit
the scope or intent of this Aqreement or any of its terms.
I
e:\subdlv\~cesupp2.WP
November 2, 1"3
supp.. IIA for ~eleqraph Canyon Estates
pa;e 10
~ 11"'10
..
to
-- ...-
r
19.3 Entir. Ar;r....nt. '1'bia Agr.ement contains tbe
.ntir. agr.ement between the parties regarding the subject satter
h.reof. Any prior oral or written r.pr.sentations, agr.ements,
un4erstan4ings, and/or stat.ments shall be of no force and effect.
'1'hi. Agreement i. not int.n4.d to sup.r..de or am.nd any otber
agr..ment betw.en the parti.. unle.s axpre.sly not.d.
. 19.4 >>r.paraU,on of Aqr....Dt. 110 infer.nc., assumption
or pr.sumption sball be drawn from the fact that a party or his
attorn.y prepared and/or drafted this Agr.ement. It shall be
conclusively presumed that both parti.s participat.d equally in the
pr.paration and/or drattinq this Agre.ment.
19.5 ..citals: BXbibits. Any recitals set forth above
ar. incorporated by reterence.into this Agr..m.nt.
19.6 AttorD.Ys~ .r.... In the event of any dispute
arising out of this Agr.ement, th. pr.vailing party in any action
shall be entitled to reasonable attorn.y.' f..s in addition to any
other costs, damages, or remedies.
..
IN WI'l'NESS WHEREOF, the parties ber.to bave
Agreement to be execute the day and year first
forth.
By:
City of Chu1a Vista
ader, Mayor
Attest:
eTAY VISTA.ASSOCIATES, a
california limited partnership
By: Sky Vista, . California
corporation, G.neral
Partner
ce M.
:~~6r~~ ~
Title: o"J,C'~ 'CP;:~\~...rr
Date:
By:
lIam. :
'1'it1e:
f
,
a:\subdiv\tcesupp2.vp
lIovnber 2, 1993
supp. SIA for 'l'elagraph Canyon .stat.s
. paq. 11
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----....... .".
........--~. .,., . -~~
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'l'HE UNt) REFERRED 'J'O HEREIN %S S%TUATED %N 'l'BE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
'l'HE SOUTHWEST QUARTJ:R OF SECTION 34, <J'QWNSHIP l' SOUTH, IWfGE 1 WEST,
SAN IEJlNAROINO BASE AND MERIDIAN, IN 'l'BE COUNTY OF SAN 1)IEGO, STATE
OF CALIFORNIA, ACCORDING 'J'O UNITED STATES GOVERNMENT SURVEY APPROVED
APRIL 1', 1883.
EXCUTlNG THt:UnoM THAT POllTION LYING SOUTBEASTDLY OF DE FOI..1.OWlNG
1)ESCRI!ED LINE: .
BEGINNING AT THE' NOllTHEAST CORNEll OF THE SOU'rlNEST"QUAllTEll OF SECTION
34, TOWNSHIP 17 SOUTH, BANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO UNITED SnTES
GOVENMENT SURVEY APPROVED APRIL 17, 1883, THENCE '01JTB 00-47'09" WEST
1071.74 FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING A POINT OF A
NONTANGtNT 2970.00 FOOT 1AD1US CURVE CONCAVE NORnM:STERLY. A IADIAL
LINt TO SAID POINT IEAllS SOUTH 39-49'36" EAST, 'rHENCE SOUT!NtSTERLY
ALONG SAID CUllVE THROUGH A CENTRAL ANGLE OF 01- 47' n" A DISTANCE OF
92.74 FEET TO THE IEGINNlNG OF A UVEllSE 5067.00 rOOT JADIUS CUllvt,
THENCE SO\JTHWESTERLY ALONG SAID CUllVE THROUGH A CENTRAL ~GLE OF 01-
U'04" A DISTANCE OF 159.28 FEET, THENCE 'IA.NGENT TO SAID CUllVE S01JTB
60-47'16" WEST 976.36 FEET TO THE BEGINNING OF A'IA.NGENT 5067.00 rOOT
1AD1US CURVE CONCAVE SOUTHEASTERLY, THENCE SOU'rlNESTDLY ALONG SAID
CURVE THROUGH A CENTRAl. ~GLE OF 05-11'19" A DIS'IA.NCE OF 458.86 FEET,
THENCE 'IA.NGENT TO SAID CURVE SOUTH 55-35'57" WEST 549.31 FEET TO THE
BEGINNING OF A'IA.NGENT 1933.00 FOOT IADIUS CURVE CONCAVE NORTHWESTERLY'
'IBENCE SO\JTHWESTtRLY ALONG SAID CUllVE THllOUGH A ct:uAAL ~GLE OF 24-24'
05" A DISTANCE OF 823.23 FEET TO A POINT ON THE WESTERLY BOUNDAllY OF
SAID SOUTHWEST QUAllTER DISTANT NORTH 00-01'06" WEST 94.14 FEET noM
THE SOUTHWtST CORNtJI. OF SAID SOU'rlNEST Qt1A.1lTEll. ALSO BEING DE POINT
OF TEBMINUS OF SAID DESCRIIED LINE.
ALSO EXCEPTING 'fBD,E!1toM THAT POllTION DESCllIlED AS FOLLOWS:
COHMJ:NCING AT 'l'BE 1f01n'HEAST COUD OF soU'1'HWEl'1'ZRN COLloZCE U'l'ATES,
UNIT NO. t , ACCORDING 'l'O 'l'BE KU' 'l'BEREOF If 0 . ." 42 , nu:D %If 'l'BE
OFFICE OF 'l'BE RECORDER OF SAID SAN DIEGO coUNTY J 'l'BENCE SOUTHERLY,
lEARING SOUTH 00-00'52- EAST ALONG 'l'BE EASTERLY LI1fE OF SAID KU' NO.
'7'742, AND 'l'BE wESTERLY LINE OF SAID SECTION 34, A'DISTANCZ OF 165.tB
ruT 'l'O 'l'HE DUE JIOINT OF IEGDlNIJIG, ftENCE SOUTHERLY .DJtI1IG SOUTH
00-00'52- EAST ALONG 'l'BE EASTERLY LI1fE OF SAID KU' .0. "'42 AND '1'HE
WESTERLY LINE OF SAID SECTION 34, A DISTANCE OF 214.02 ruT' 'l'BENCE
EASTERLY lEARING .ORTH "-51'0'- EAST ALONG A PAJl.Uu'", LINE 'l'O 'l'BE
EAST-WEST C!;NTERLINE OF SAID SECTION 34, A DIS'1'ANCZ OF 400.00 ruTJ
'l'BENCE 1f0RTHERLY IDJlING 1f0R'1'H 00-00' 52- WEST ALONG A p,AMun'.. LINE
'1'0 'l'JlE EASTERLY LINE OF SAID KU' If 0 . "'42 AND 'l'HE WES'1'EIlLY ~ OF
SAID SECTION 34, A DISTANCE OF 212. '74 1'EZ'1" 'l'BENCE WESTERLY lEARING
NOR'l'H .. _ 4t ' 54 _ WEST, A DIS'1'ANCE OF . DO. DO I'EE'1' 'J'O '1'HE DUE POINT OF
IEGINNINC: .
_____.JI ea-
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SCBEDm.E -1-
Growth Jlanaq_ent ~..holda
City Councll ...olution Ho. 13346 approved eleven public facllitia.
and .ervice. vith related thraahold tltandarcU and !apl_entation
aeuura., vhich vara liatad in a policy .uteaent datad Hoveaber
17, 1"7 and have eub.aquently .an rafinad Ila.ed on
nCOlllDendationa frOll tha Growth JlaDaq_ent OYer.ight c-f.don
(GKOC). .
~e elaven era:
'rraffic
Polica
. Fire/EKS
School.
I.1braria.
Parka and ..creation
Water
.ewar
Drdnage
Air Quality
Fiacal
..
Durin; the davelopment of the Growth llanag_ent P.~.... ao IUIW
facilitia. vera added to tha 1J.at of faci11ti.. to . analyaed:
Civic Faciliti..
corporation Yard
~uhold 8tandarda era uaed to idantify when Dev or IlHladed
public facllitia. ere na.dad. to aitigat. the Japacta of D.W
davelopaent. DeveloplllaJlt approval. vill Dot . aade UDl...
compliance vith th... .tandarda can . _to "l'ha.e thruhold
.tandarda have .an prapared to guarantee that public faclliti.. or
infraa1:1'uc.tUre improvaenu vill keep pace vith the ,........ of
vrowth.
,
.~U1OZ -1-
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SCHEDULE "'2"
Transportation Phasing Plan Threshold Standards
')
1. City-wide: Maintain LOS "CO or better at all intersections. with the exception that
LOS "0" may occur at signalized intersections for a period not to exceed a total
of two hours per day. No intersection shall operate at LOS "E" or "F' as
measured for the average weekday peak hour.
2. West of Interstate of 805: Those signalized intersections which do not meet
Standard '1 above may continue to operate at their current (1987) LOS. but shall
not worsen.
Notes to Standards:
1. LOS measurements shall be for the average weekday peak hour. excluding
seasonal and special circumstances.
.
2. The measurement of LOS shall be the ICU (Intersection Capacity Utilization)
calculation utilizing the City published designs standards.
3. The measurement of LOS at intersections of City arterials and freeway ramps
shall be a growth management consideration in situations where proposed
developments have a significant impact at interchanges.
4. Circulation improvements should be implemented prior to anticipated
deterioration of LOS below established standards..
SCHEDULE "'2"
j,,?-.)~ //-'Ii
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f)
SCHEDULE "3"
Action ~lan for Implementation of Telegraph Canyon Plans
}'Vater Conservation ~: Since the City water offsite policy is not yet in effect, the
recommendations as stated in the Water Conservation Plan, dated May 1992. as modified
November 18, 1992 will be implemented. Items such as uHra-Iow flush lDilets, ultra-low
flow shower heads, faucet aerators, and a pressure reducing value will be provided for
each household. Additionally, a water conservation guide will be provided to each new
homeowner at the time they enter into a contract for the purchase of a home within the
Telegraph Canyon Estates project. A major portion of the open space/scenic corridor
will be planted with a non-irrigated hydroseed for water conservation P\I1f>05es.
Additionally,the irrigation system has incorporated rain shut~ valves and the system
will be maintained in accordance with the water management plan submitted by Burton
and Associates.
t,
Air OualityJmtlrovement ~: Dust control by way of moisture addition to the soU
during the grading operation will be implemented. In addition to the onsite dust control
measures, an offsite dust control program to keep onsite dirt from being carried or
tracked onto travel roadways will also be implemented by scheduling daily street
sweeping and washing at construction .~~ points on internal paved roadways.
Erosion control measures will be implemented in accardance with the Erosion Control
Plans contained in the rough grading plans. Offsite traffic inte1{......2 from construction
personnel commuting to the site and the movement of material on and off the site wDl
be minimized by restricting land closures to off-peak travel periods and scheduling truck
access such that 80% of the daily receipt of conaete and other building materials and
other truck arrival/departures occur between 9:00 am and 3:00 pm.
,
SCHEDULE "3"
p~~t'" /1-0/5
I
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RESOLUTION NO. 17'175'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CERTAIN CONDITIONS OF
RESOLUTION NO. 16960 APPROVING THE TENTATIVE
SUBDIVISION MAP FOR CHULA VISTA TRACT g3-03,
TELEGRAPH CANYON ESTATES
WHEREAS, on January 19, 1993, by Resolution 16960, the
City Council approved the Tentative Subdivision Map for Chula Vista
Tract 93-03, Telegraph Canyon Estates; and,
WHEREAS, at 1:11e time 1:11e first final map of 1:111s
development was approved, Council al.o adopted Resolution 17278
amending the original conditions of approval of 1:11e tentative map
and certain conditions were amended to defer compliance until
approval of a later final map of the development; and, .
WHEREAS, the supplemental subdivision'agreament for 1:11e
first phase of development (Reso. NO. 17279) outlined the terms and
conditions for the developer to satisfy 1:11e amended conditions:
and,
WHEREAS, the developer is now requesting 1:11at Council
further amend Conditions of Approval Nos. 61, 62, and 68 to defer
compliance until approval of subsequent maps; and,
WHEREAS, Condition NO. 61, a. originally amended,
requires 1:11e developer to enter into an agre.ment to dedicate and
record in first priority positions a minimum of o.g acres of
wetlands on the Otay Ranch property prior to approval of 1:11e fourth
final map; and
WHEREAS, it had been anticipated 1:11at 1:11e grant of
easement and subordination agreement would be completed prior to
presenting 1:11e fourth final"map for Council approval; 1:11e 9%'ant of
easement has been prepared and recorded, however, because the
property on which 1:11e easement is located serves as collateral for
loans secured for 1:11e purchase of 1:11e otay Ranch 1:11e subordination
agreement must be executed by a number of different entities and
individuals and 1:11e execution proce.s has taken considerably more
time 1:11an anticipated; and
WHEREAS, staff recommends 1:11at COndition NO. 61. be
further amended to read a. follows: .
-Enter into an agreement not to apply for council
approval of a fourth or later Final Map for 1:11e
,property until Developer has dedicated to the City,
by 1:11e recordation of . dedication deed, an
. 1
/1---0/(;,
1""..1
easement over a minimum of 0.9 acres wetlands
associated with a large wetlands area on the otay
Ranch property in a location approved by the
director of Planning ("original wetlands Easement")
and provided a title policy covering the original
Wet;lands Easement. Developer shall further agree
not to apply for council approval of the final map
containing the 232nd lot until Developer has
recorded all necessary subordination agreements to
subordinate any deeds of trust encumbering the
property on which the original WetlandS Easement is
located and provided a title policy Jnsuring the
priority of the Original Wetlands Easement."
WHEREAS, the original condition 62 of the approved
tentative map for Telegraph Canyon Estates required the developer
. to enter into an affordable housing agreement to, as a minimum,
grant in fee to the city not less than three buildable acres in a
location and of a character satisfactory to the city for the
purpose of constructing housing for low and moderate income
families; and ·
WHEREAS, Condition No. 62, as previously amended,
requires the developer to enter into an Affordable Housing
Agreement with the City to provide 34.4 affordable housing units
within the area covered by the Fifth Final Map prior to recordation
of the Fifth Final Map; and
WHEREAS, since it is anticipated that the fifth final map
will soon be presented to council for approval and the developer
and city staff have come to an understanding that the required
affordable housing may be provided partlY on-site and partly off-
site, Staff recommends that condition No. 62 be further amended to
read as follows: ..
"Enter into an agreement to provide seventeen (17)
moderate income units within the boundaries of the
development prior to approval of the pinal Map
containing the 200th lot and enter into an
agreement to provide .eventeen (17) low income
unit. to be provided off .ite in a location
acceptable to the Director of Community Development
prior to approval of the pinal Map containing the
201.t lot."
WHEREAS, condition Ito. 68, a... originally amended,
requires the Developer to enter into an agre_ent with the City to
cause, con.ent to, permit, apply for, and not oppo.e the planning
or replanning and zoning or rezoning of an off-.ite parcel(a) as a
community Purpo.e Pacilities (CPF) .ite prior to the recordation of
the fourt!l pinal Map; and,
2
~J/-'-/?
WHEREAS, the CPF .ite is expected to be provided in the
first village of the otay Ranch, and the Otay Ranch General
Development Plan has been conditioned accordingly, however, the
Otay Ranch property has !lot yet been annexed and therefore the
developer is unable to comply with the condition at this time; and,
WHEREAS, the amended condition would require the
developer to further reserve and later replan an appropriate CPF
site within the project if an off-site parcel cannot be guaranteed
prior to the approval of the final map containing the 301st lot of
the subdivision; and
WHEREAS, staff recommends Condition 68 be .mended as
follows:
"Enter into an agreement with the City prior to
approval of the fourth Final Map to record a
covenant ("Covenant") against a parcel comprised of
not more than 1.5 acres located within the
development that said parcel be restr~cted for the
use of a Community Purpose Facilities .ite and to
cause, consent to, permit, apply for, and not
oppose the planning or replanning and zoning or
rezoning as a Community Purpose Facilities site
prior to approval of the Final Map containing the
301st lot. Developer shall further agree that if
Developer has not caused, consented to, permitted,
applied for 'or not opposed the planning or
replanning and zoning or rezoning of .aid site
prior to approval of the Final Map containing the
301st lot, city may require Developer to .ubmit an
amendment to the SPA Plan to create the necessary
zoning for such a site within the boundaries of the
property covered by the Covenant."
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby amend certain conditions of
Resolution No. 16960 approving the Tentative Subdivision Map for
Chula Vista Tract 93-03, Telegraph canyon Estates .. .et forth
hereinabove.
Pre.ented by
Approved .. to form by
PENDING REVIEW BY THE CITY ATTORNEY
Bruce K. Boovaard, City
Attorney
John P. Lippitt, Director of
Public Works
C:\ra\TCE.Con
,
3
//'1( Y
J?r-?
RESOLUTION NO. I' If? &
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE SUPPLEMENTAL
SuBDIVISION IMPROVEMENT AGREEMENT APPROVED BY
RESOLUTION 17279 REQUIRING DEVELOPER TO COMPLY
WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NO. 16960 APPROVING A TENTATIVE
SUBDIVISION MAP FOR TELEGRAPH CANYON ESTATES,
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
NOW, THEREFORE, BE :IT RESOLVED the cL ty Council of the
City of Chula Vista does hereby approve that certain Amendment to
the Supplemental Subdivision :Improvement Aqre_ent approved by
Resolution 17270 requiring developer to comply with certain
unfulfilled conditions of Resolution .No. 16960 approving a
Tentative Subdivision Map for Teleqraph Canyon Estates, on file in
the office of the City Clerk as Document NO. (to be completed
by the city Clerk in the final document).
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula Vista is hereby authorized and directed to execute said
Amendment to the Supplemental Subdivision Aqreement.
John P. Lippitt, Director of
Public Works
Approved as to form by
ITEM WAS PUT ON AGENDA LATE - PENDING
REVIEW OF THE CITY ATTORNEY - MAY
REQUIRE A CLOSED SESSION.
Bruce M. Boogaard, City
Attorney
Presented by
C:\ro\TCE.IIA
,
11-i./9
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~4 08:38 BALDWIN CO. 619 259 024200000000
P.2
""
mE CFTY OF CHUU JIlSTA PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contnoutions, on all matters
which will require discretionary action on the part of the City Council, Planning Commission, imd all other
official bodies. The following infonnation mllst be disclose.d:
1. List the names of all persons having a financial interest in the contract, i.e., contractor,
subcontractor, material supplier.
Baldwin Buildersl a California
Corporat1on
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.
James P. Baldwin
Alfred E. Baldwin
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.
N/A
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.!.... If yes, please indicate person(s);
5. Rlease 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.
Dave !laIlmer Dexter Wilson
Hunsaker and Associates Wilson Engineering
..jack Hill
6. Have you and/or your officers or agents, in the aggregate, contnbuted more than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No.1L. If yes, state which
Councilmember(s):
. Person is defined as: .Any individual. firm. co-partnership,joint venture. DSsocituion, social club,frattmllll organWltion. corpt>>'tl/ion,
/!Slale. mISt. receiver. syndicOfC. this and any other county, city QIId counrry. city, municipality. disrria or "tho poliricol subdivision,
or an}' orhcr group or combination acting as II unit..
/I'~CJ
(NOTE: Auach additional pages as n=sary)
Dale: -:r~N 70 . \93A
.
(A-I J:\.'\:DISCLOSE. 'IXT]
'T,\'o'\d'{I,\.'f -:T. O'bfl.'f'r,\>Y
Print or type name of contractor/applicant
(RC'iis<d; ll~I9OJ
RESOLUTION NO.
175'9~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 93-03, TELEGRAPH CANYON ESTATES
NEIGHBORHOOD 2 UNIT 2, ACCEPTING ON BEHALF OF
THE PUBLIC THE PUBLIC STREETS DEDICATED ON
SAID MAP, AND THE EASEMENTS GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The City Council of the City of Chula vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 93-03, TELEGRAPH CANYON ESTATES
NEIGHBORHOOD 3 UNIT 2, and more particularly described as follows:
Being a subdivision of a portion of Southwest Quarter of
section 34, Township 17 South, Range 1 West, San
Bernardino Base and Meridian, in the City of Chula Vista,
county of San Diego, State of California according to Map
thereof No. 166, filed May 11, 1869 in the office of the
county Recorder of said County.
Area: 4.873 acres
Numbered Lots: 26
No. of Lots: 26
Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: portions of
Marquette Road and st. Germain Road, and said streets are hereby
declared to be public streets and dedicated to the public use.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula vista the easements with the right
of ingress and egress for visibility and street tree planting and
maintenance, all as granted and shown on said map within said
subdivision, subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said public streets are
1
II/) --I
accepted on behalf of the public as heretofore stated and that
those certain easements with the right of ingress and egress for
the construction and maintenance of street tree planting, as
granted thereon and shown on said map within said subdivision is
accepted on behalf of the city of Chula vista as hereinabove
stated.
BE IT FURTHER RESOLVED that the city Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 1994, for
the completion of improvements in said subdivision, a copy of which
is attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he is hereby authorized and directed to execute
said agreement for and on behalf of the city of Chula vista.
C:\rs\TCNeigh2.2
Presented by
John P. Lippitt, Director of
Public Works
2
///?'~
RESOLUTION NO.
1?5'9~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 93-03, TELEGRAPH CANYON ESTATES
NEIGHBORHOOD 3 UNIT 2, ACCEPTING ON BEHALF OF
THE PUBLIC THE PUBLIC STREETS DEDICATED ON
SAID MAP, AND THE EASEMENTS GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The City Council of the city of Chula vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 93-03, TELEGRAPH CANYON ESTATES
NEIGHBORHOOD 3 UNIT 2, and more particularly described as follows:
Being a subdivision of a portion of Southwest Quarter of
section 34, Township 17 South, Range 1 West, San
Bernardino Base and Meridian, in the City of Chula Vista,
County of San Diego, State of California according to Map
thereof No. 166, filed May 11, 1869 in the office of the
County Recorder of said County.
Area: 2.719 acres
Numbered Lots: 12
No. of Lots: 12
Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public street, to-wit: portion of
Genevieve Avenue, and said street is hereby declared to be a public
street and dedicated to the public use.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the city of Chula vista the easements with the right
of ingress and egress for visibility and street tree planting and
maintenance, all as granted and shown on said map within said
sUbdivision, subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said public street is
1
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accepted on behalf of the public as heretofore stated and that
those certain easements with the right of ingress and egress for
the construction and maintenance of street tree planting, as
granted thereon and shown on said map within said subdivision is
accepted on behalf of the City of Chula Vista as hereinabove
stated.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 1994, for
the completion of improvements in said sUbdivision, a copy of which
is attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista be, and he is hereby authorized and directed to execute
said agreement for and on behalf of the City of Chula vista.
Presented by
t
John P. Lippitt, Director of
Public Works
C:\rs\TCNeigh3.2
2
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COUNCIL AGENDA STATEMENT
Item I a..
Meeting Date 8/2/94
SUBMITTED BY:
Report on grading modification for Elementary School Site (Eastlake
Greens)
Director of Public Work~
City Manager.JCt ZJ~J
(4/5ths Vote: Yes_NoXJ
ITEM TITLE:
REVIEWED BY:
The Engineering Division is currently processing grading plans submitted by EastLake
Development Company for the grading of the Eastlake Greens South, Phase I. The grading
of Unit 33, the elementary school site, is included in said grading plans. The proposed grading
for the school site is a modification to the grades shown on the approved tentative map. This
report is to inform Council of the proposed changes.
RECOMMENDATION: That Council accept the report regarding grade modification to the
Eastlake Greens elementary school site.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Chula Vista Elementary School District has requested that the Eastlake Greens elementary
school site be graded at a one percent slope (1%) across the pad instead of the four percent
(4%) shown on the approved tentative map. Site plans for schools generally require a
relatively level pad in order to provide a maximum usable area for layout of buildings and
playgrounds. The proposed grading shown in the Eastlake Greens South, Phase I grading
plans would provide a more usable school site than was shown on the approved tentative map.
As a consequence of the change in pad elevation, the height of the slope on the westerly side
of the school site will increase from a maximum height of 9 feet to 27 feet. This height is still
considerably less than other existing slopes in the Greens. For instance, the slopes along the
easterly side of Eastlake Parkway at Otay Lakes Road are 50 feet high.
No adverse impact to adjacent development is anticipated due to the increased slope height.
Eastlake High School is located directly across Eastlake Parkway on the westerly side,
Championship Classics II on the northerly side, and a public park site on the southerly side.
While grading of the park site is included as part of the work, we will require that the usable
area of the park not be decreased.
Landscaping of the westerly slope will be required to be designed to soften the easterly view
from the high school site and a graded access ramp will be provided between the school site
and the park site. Additionally, Eastlake will be required to process a lot line adjustment to
relocate lot lines to the top of slopes.
IJ-I
Page 2, Item
Meeting Date 8/2/94
The school district is on an accelerated schedule to have the school completed and ready for
the 1995-96 school year. Therefore, unless otherwise directed by Council, the Engineering
Division will issue a grading permit as soon as plans are finalized and bonds are posted. This
is anticipated to occur by August 3.
Staff concurs with this adjustment, however, if Council objects to this modification, staff is not
sure if the City has the authority to stop the District from grading in this manner. The City
Attorney is researching this issue and will probably be able to respond to questions at the
meeting should the Council not agree with the grading modification.
A plat showing an east-west section of the grading of the site is available for Council viewing.
FISCAL IMPACT: None. Eastlake Development Co. is paying all processing fees.
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FILE NO.
DATE: 7-27-94
CHULA ELEMENTARY SCHOOL SITE
(EASTLAKE SOUTH GREENS)
OWN BY:
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CHULA VISTA ELEMENTARY SCHOOL
SITE 33 (EASTLAKE SOUTH GREENS) \':
COUNCIL AGENDA STATEMENT
Item
Meeting Date
, 19/94 i. { ~
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Ordinance .J..5"9 (, Amending Sections 13 .14.100 and 'K\\r$~
13.14.150 of the Municipal Code relating to Sewage ~~'
Station Charges and Ordinance No. 2461 and repealin~J}nl~e
Nos. 2181, 2286, and 2477 to dissolve Speci~~W~Service
Rate Areas r,O\\\)
~fj;Y.
'\ b) Resolution J ,ft. Y Amending' the Master Fee Schedule
'J ,to delete Chapter XII, Engineering-Sewer, Section D, Pump
f.~'1 #.') . '1' ) 1 vi Stations relating to sewage pump station fees and repealing
II'( r'1jl"1 Resolution Nos. ~833 and 8028 to discontinue the billing of
t . ' J sewage pump station surcharges.
SUBMlHED BY, 0;..- ofPobIi,orJJ:fi:~
REVIEWED BY: City Manage~~ ~j (4/5ths Vote: Yes_ No...X">
ITEM TITLE:
a)
On May 17, 1994, the City Council adopted Resolution No. 17491 approving Council Policy
No. 570-03, Sewage Pump Station Financing Policy. The Council Policy provides that all
existing Sewer Service Rate Areas, which provide for the fmancing of maintenance and
operation (MIO) costs of public sewage pump stations by property owners, be modified.
Ordinance Nos. 2181, 2286, 2477 and Resolution Nos. 6833 and 8028 must be repealed and
Ordinance No. 2461, all of which established Special Sewer Service Rate Areas must be
amended to comply with the Council Policy. The Master Fee Schedule and Municipal Code
need to be updated to reflect the provisions stated in the Council Policy.
RECOMMENDATION: That Council:
1. Adopt Ordinance amending Sections 13.14.100 and 13.14.150 of the Municipal Code
and Ordinance No. 2461 and repea1ing Ordinance Nos. 2181, 2286, and 2477 to
dissolve Special Sewer Service Rate Areas.
2. Adopt Resolution amending the Master Fee Schedule to delete sewage pump station
fees and repealing Resolution Nos. 6833 and 8028 to discontinue the billing of sewage
pump station surcharges.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable
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Page 2, Item ~ ~
Meeting Dat~
DISCUSSION:
Council Policy No. 570-03 states that all MID costs for all City owned sewage pump stations
within Chula Vista shall be paid from the City's general sewer budget. The policy provides
that all of the existing Special Sewer Service Rate Areas within the City be modified as of July
I, 1994 to relieve affected homeowners or businesses of the obligation to pay the Special
Sewer Service Rate applicable to the pump station. This ordinance and resolution will
implement the requirements of the pump station policy. They must be enacted on July 19 in
order to ensure that the billing of pump station fees is discontinued as of the first billing period
subsequent to July I, 1994. Where existing agreements or ordinances provide for developer
contributions toward the payment of MID costs, those portions of the agreements or ordinances
which apply to developer contributions shall continue to be effective.
Current pump stations are listed with the related ordinances and resolutions on the attached
Table I. Maps are also included which show the location of the pump stations. Most of these
pump stations are owned by the City and the MID costs are fmanced through sewer service
charges paid by the residents whose properties are part of sewer service rate areas. The San
Diego Unified Port District and EastLake pump stations are fmanced differently and must
therefore be treated differently under the new pump station policy.
PORT DISTRICT PUMP STATIONS
The San Diego Unified Port District is responsible for paying the MID costs for three sewage
pump stations located within Chula Vista. These pump stations are serviced by the City
through an existing agreement with the Port District. The agreement would not be affected by
the Council Policy because these pump stations are not owned by the City. The City will
continue to provide the MID for the pump stations, and the Port District will continue to
reimburse the City for all related expenses.
EASTLAKE GREENS PUMP STATIONS
EastLake Development Company and the City of Chula Vista have an agreement (enacted by
Resolution 16180 and Ordinance No. 2461) regarding maintenance and operation of two
existing sewage pump stations (EastLake Parkway and Otay Lakes Rd) and one future pump
station (Orange Avenue). Under this agreement, both the developer and the homeowners share
in the MID costs until, 1) enough units have been sold to allow the homeowners to fmance the
full MID costs based upon a predetermined amount per unit or 2) seventy-five percent of a
given number of the units have been sold. It was predetermined that the residents would pay
a monthly flat fee of $0.75, $1.00, $1.50 or $2.00 per Equivalent Dwelling Unit (EDU) for the
MID costs based on the type of residence and whether the wastewater from the property flows
through one or two pump stations. When either of the two above conditions are met, EastLake
_7".3-"
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Page 3, Item --.U
Meeting Dat~
Development will be released from its obligation to pay for the MlO costs. Thereafter, all MlO
costs would be paid by the property owners.
~
In order to be in conformance with the Pump Station Council Policy, the agreement between
EastLake Development and the City must be amended to relieve property owners of their
obligation to pay a portion of the MlO costs. EastLake Development will continue contributing
toward MlO expenses in the same proportion stipulated in the agreement. The City will
periodically monitor all sewer connections that contribute flow into the pump stations and
calculate the amount of revenue that these connected residences would have contributed for
MlO costs. This amount will be paid out of the City's sewer budget and subtracted from the
previous year's actual MlO costs for the pump station to determine the amount due by
EastLake andlor subsequent developers. EastLake Development will be released from their
obligation to pay MlO costs when the estimated amount that the residents would have
contributed equals or exceeds MlO costs in any given year or when 75 percent of the total
number of tributary EDUs have been connected to the pump station. At that time, all the MlO
costs for the pump station will be paid through the general sewer budget.
OLYMPIC TRAINING CENTER PUMP STATIONS
Three pump stations will serve the Olympic Training Center (OTC). This includes OTC No.
1, a temporary pump station located on the Criterium Course, OTC No.2, a permanent pump
station located at the Boat House and OTC No.3, a temporary pump station located between
Otay Lakes Road and the future E. Orange Ave. All three pump stations have been designed
to serve only the Olympic Training Center. OTC NO.3 pump station was constructed to allow
the Olympic Training Center to discharge sewage prior to completion of the larger E. Orange
Ave pump station, and it will not be needed after the E. Orange Ave. pump station is
completed. No agreement has yet been adopted for these pump stations. It is proposed that
these stations be maintained by the City through agreement with the Olympic Training Center,
as allowed through Section E of the Pump Station Policy. The Olympic Training Center would
pay all MlO costs, as well as costs associated with pump station removal. They will also be
required to pay the costs of connection to a gravity system when available for the OTC No.
1, Criterium Course pump station and cost of connection to the E. Orange Ave. system for the
OTC No. 3 pump station.
AUTO PARK PUMP STATION
Two agreements between the City of Chula Vista and the Chula Vista Auto Park to provide
for the maintenance of the Auto Park sewage pump station and holding tank were approved
by Resolution Nos. 17081 and 17082 on April 20, 1993. The developer is required to pay the
actual pump station and holding tank MIa costs for the fIrst year of operation. The agreement
also stipulates that a sewer service rate area will be established to pay for MlO costs. The
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Page 4, Item i ~
Meeting Dat~
establishment of a sewer service rate area is no longer permitted by the Pump Station Policy.
All MlO costs after the first year are proposed to be paid through agreement with the Auto
Park Association, as provided in the Covenants, Conditions, and Restrictions for this
development.
RANCHO ROBINHOOD II PUMP STATION
A Special Sewer Service Rate Area was not established for the Rancho Robinhood II sewage
pump station. Payment of MlO costs was addressed in Resolution No. 8028 and the
accompanying agreement between the developer and the City, which stated that the developer
would pay all MlO costs associated with the sewage pump station with the option of assigning
the MID costs to the properties which would be served by the sewage lift station. The payment
of MlO costs was later transferred from the developer to the Homeowner's Association. The
Homeowner's Association was never formally established, therefore properties served by the
pump station were individually billed for the MlO costs by the City without amending
Resolution No. 8028. We propose to repeal Resolution No. 8028 and discontinue billing the
II homeowners for the MlO costs of the sewage pump station. This is consistent with the
council policy adopted on May 17, 1994.
The Council Policy states that the actual cost of bypassing or removing a temporary sewage
pump station from service and connecting the collection system to an adjacent permanent
gravity system shall be paid from the regular sewer budget, and that this cost (less any
remaining deposits collected for that purpose) shall be distributed among all properties
connected to the Chula Vista sewer system.
MISSION VERDE AND CANDLEWOOD PUMP STATIONS
Two temporary pump stations, Mission Verde and Candlewood, are scheduled to discontinue
operation in 1995 and 1996, respectively, after the Rice Canyon Trunk Sewer is constructed.
A tentative subdivision map for Rancho del Rey SPA m was approved by Resolution No.
16266 on July 18, 1991. The subdivision map conditions provide for the removal of the
Mission Verde and Candlewood sewage pump stations by the developer. Prior to approval of
the fmal map, the owner and the City shall enter into an agreement to establish the scope of
work and the amount to be reimbursed by the City to the subdivider for performing said work.
The cost of removal and connection to gravity sewers for the Mission Verde and Candlewood
sewage pump stations will be paid through the general sewer budget.
The Master Fee Schedule must be amended to comply with the Council Policy. Chapter XII
Engineering-Sewer, Section D (Pump Stations), which refers to sewage pump station charges
and delinquent payments, will be deleted. Section 13.14.100 of the Municipal Code must also
be amended to conform with the Council Policy. Parts A through E will be deleted and Part
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sections.
Page 5, Item 7
Meeting Dat~
Language similar to the Council Policy will replace most of the deleted
v
FISCAL IMPACT: In accordance with Council Policy No. 570-03, all Special Sewer
Service Rate Areas will be dissolved and the MlO costs for all sewage pump stations will be
paid out of tht; general sewer budget to the extent that developer payments are not provided.
The total estimated annual cost of pump station MlO is $141,000. Approximately $28,000 of
that amount is presently financed out of City sewer funds. Since there will be no increase in
the sewer service charge for Fiscal Year 1994-95, it is estimated that the annual loss in
revenues will be approximately $113,000 for 1994-95. This amounts to an additional cost to
the City of approximately $0.22 per Equivalent Dwelling Unit per month. In future fiscal
years, this amount will have to be added to the overall sewer rate. There will be no immediate
impact on the sewer service charge because of reserves in the sewer funds. The MlO costs of
the Olympic Training Center and Chula Vista Auto Park pump stations are proposed to be paid
by those entities under separate agreements with the City. The cost of removing the Mission
Verde and Candlewood sewage pump stations and reconnecting the sewers to gravity systems
will be addressed in the agenda statements for the reimbursement agreement with McMillin
Development, developers of Rancho del Rey.
BVH:LY-081
Attachments
1. Table 1: Sewage Pump Stations
2. Sewage Pump Station locations
3. Minutes 5/17/94
4. Sewage Pump Station Policy Agenda Statement
M:\HOMElENGlNEl!RIAGENDAISEWPUMP.AGIl
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TABLE I
SEWAGE PUMP STATIONS
Name
Resolutions/Ordinances Estahlishinl! Rate
~
1.
2.
3.
4.
S.
6.
7.
8.
Chula Vista Woods Subdivision
Candlewood Subdivision
Mission Verde Subdivision
Terra Nova Subdivision (Woodcrest)
Rancho Robinhood n
EastLake Parkway (A)
Otay Lakes Road (B)
East Oranie Ave (C)
Ordinance No. 2181
Resolution No. 6833
Or<tin.nr~ No. 2286
Or<tinanr.e No. 2477
Resolution No. 8028
Or<tinanr.e No. 2461
Ordinanr.e No. 2461
Ordinanr.e No. 2461
The Chula Vista Auto Park Sewage Pump Station. Supplemental Subdivision A&reement
was approved by Resolution No. 17082. No Or<tinanr.e has been passed establishing
a special ~wer ~rvice rate area. The CC&R's for the Auto Park provide for the MlO
costs to be paid by the Auto Park under an agreement with the City.
M:lhome\engineerlagenda\sewpump.age
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ORDINANCE NO. 02.59 " ,?><,)-\>\~~ .
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AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTIONS 13.14.100 AND 13.14.150 OF THE
MUNICIPAL CODE RELATING TO SEWAGE PUMP
STATION CHARGES AND ORDINANCE NO. 2461 AND
REPEALING ORDINANCE NOS. 2181, 2286, AND 2477 TO
DISSOLVE SPECIAL SEWER SERVICE RATE AREAS
WHEREAS, the City of Chula Vista provides sewer service within the boundaries of the
City, and
WHEREAS, pursuant to Health and Safety Code Section 5471, on December 16, 1986,
the City Council adopted Ordinance 2181 for the Chula Vista Woods Subdivision; on October
11, 1988, the City Council adopted Ordinance 2286 for the Mission Verde Subdivision; on June
11, 1991, the City Council adopted Ordinance 2461 for the EastLake Greens Subdivision and
the Olympic Training Center and on September 17, 1991, the City Council adopted Ordinance
2477 for the Woodcrest Terra Nova Subdivision establishing special sewer service rate areas for
said subdivisions with a monthly surcharge to be assessed for each unit or property, and
WHEREAS, on May 17, 1994, the City Council approved Resolution 17491, adopting
Council Policy No. 570.03, the Sewage Pump Station Financing Policy, and
WHEREAS, Section C, part 3, of Council Policy No. 570.03 states that "all existing
Special Sewer Service Rate Areas shall be modified as of July I, 1994 to relieve affected
homeowners or businesses of the obligation to pay the Special Sewer Service Rate applicable to
the pump station with the City".
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
SECTION h Ordinances 2181,2286, and 2477, which established Special Sewer Service
Rate Areas for the financing of MIO costs of sewage pump stations, shall be rescinded with the
adoption of this ordinance. The portion of MIO costs for City owned sewage pump stations
previously paid through sewer service rate areas shall be paid from the general sewer budget.
SECTION 2: Where existing agreements or ordinances provide for developer
contributions toward the payment of MIO costs, those portions of the agreements or ordinances
which apply to developer contributions, including expiration dates if any, shall continue to be
effective.
SECTION 3: Amend Ordinance No. 2461 for the EastLake Greens Subdivision to relieve
affected property owners and schools of the obligation to pay the Special Sewer Service Rate.
~ 9 r6:,.-' l ~ --,
Ordinance No.
:;.$"'v
Page 2
The developers will continue to be obligated for their share of payments of the MlO costs
associated with the pump stations.
Sections VII, VIII, IX, X, XI, XII of Ordinance No. 2461 shall be deleted.
The following sections of Ordinance 2461 will be revised as follows:
SECTION I. The City Council of the City of Chula Vista hereby
desilmates eslll8lislie~ a Sjleeilll sewer 5efViee fllte IIfell with three component
zones, within the boundaries of Tentative Subdivision Map No. 88-3 and Parcel
Map 16318 of the City of Chula Vista, as shown on Exhibit 1 attached hereto,
for the purpose of providing special sewer services to said IIfell aRE! zones through
three temporary sewer pump stations, and to subsequently provide customary
service through a gravity-flow system. Said sewer services shall be provided by
the City of Chula Vista in conformance with the contract between the City of
Chula Vista and Eastlake Development Company, dated January 9, 1990, as
amended by agreement dated June 4, 1991. The name of the proposed
comoonent zones are 3peeiaJ. Itfe8. i3 "E&5d..ak:e CFeeft.3 8peeial. Rate /'deS.", \vith.
Std:Utfe&3 Sf !:8ftes "A", "B" and "C".
SECTION ill. The domestic sewer service charge for each single-family
dwelling unit within the EastLake Greens component zones Speeitll IllIte 1._
shall be equal to the amount charged other similarly situated customers within the
service area of the City.
SECTION IV. On or about July 1 of every year, commencing on the
July 1 immediately following placement of each sewer pump station into service
and acceptance by City of responsibility fQr ef its maintenance and operation, the
Director shall determine the estimated costs for maintenance and operation of
each pump station for the following fiscal year. The determination shall be made
for each component zone.
If said estimated maintenance and operation costs exceed estimated funds
to be paid by the City eelleeteEI f.fem lIsefS for any zone, and the Director has not
made a determination for that zone that the .initial rates. no longer apply, the
Director shall notify EastLake Development Company and/or its successors in
interest of the amount of their portion of the surcharge, pursuant to the First
Amendment to Agreement between City and EastLake dated June 4, 1991. The
total amount of EastLakelsuccessors surcharge to be paid shall be the difference
between said total estimated maintenance and operation costs, and the amount
- 7'1 ~
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Ordinance No.
.15'9/,
Page 3
estimated by the City that would have been allocatable to the users. te-ge
eeHeeled f16m 1I!lefS, lIS lIe~eri6el1 ill dli3 lieeliell, 81111 Seeliell3 S &fill 6.
Felle-.viftg determiRatisft sf the tetsl 8.fft81:lRt af the aeer:e ae3eMed
sluellarge eaell yeftf, ~e The Director shall determine how to apportion the total
surcharge among EastLake and their successors in interest, based on the following
formula: Each party (EastLake and successors) sha1l be responsible for the same
percentage of the total surcharge as that determined by dividing the number of
EDUs for which building permits have not been obtained by July 1 within that
party's ownership by the total number of EDUs within each mm: SlIBarea for
which building permits have not been issued by July 1 of that year. EDUs shall
be evaluated based on the "EDU factor" described below.
The Director may, at his discretion, review the status of funds available
for the purpose of operating and maintaining said pump station at any time during
the year. If, as a result of said review, the Director determines that there will be
insufficient funds estimated &\"ailllllle in any component zone SlI8llfellllllmll staliell
ftIfttI to provide for said maintenance and operation and that the ftIfttI balance is
likely to be depleted within 30 days, the Director shall notify EastLake in writing
of such situation and require EastLake to provide sufficient funds to provide for
said maintenance and operation to July 1 of that fiscal year pursuant to the
agreement between the City and EastLake as amended, dated June 4, 1991.
EastLake shall, within 30 days of receipt of said notification, deposit said
required funds with the City treasurer. When the next annual determination is
made of the surcharge as described above, the "loan" by EastLake shall be
considered "estimated cost" and the value of the surcharge shall be determined
after such credit.
The Director shall determine for any zone that the "initial rates" no longer
apply when either &fIlllilltt "perm&flellt l'Ilte3" 8PJl1y 'Hfiell lie er she lIetefffline3
ei~er lilet 1) a sufficient number of units are connected so that the total of the
number of units times the ~'prQpriate initial rates will be l!:reater or caual to flllllls
are Beillg eeHeelell frem lIi1el"S 16 IlFe'/ille fer the annual maintenance and
operation costs, or 2) within that zone, 75 % of the total number of EDUs within
the zone have been connected to the pump station.
First sentence only of Section V will be revised as follows:
SECTION V. The "EDU factor" for all land uses within the comlX>nent
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Ordinance No. .2.59"
Page 4
~ speeial se....er 5efViee f&te _ shall be as follows:
SECTION VI. 1. de~igllated speeial epeI'lltiells ed nuHllleII&IIee
MI1:ehar-ge skaR Be assessed fer saeh a5ef 5eFViee vL"ithiR the tt..ree eelBft8ReRt
mAts. Ea.3tLake Speei81 Rale :\feB.
"Initial rates" shall be in effect for all three zones commencing from the
date of enactment of this ordinance until such time as the Director makes a
determination for that zone that "initial rate" no longer apply. FeHe'Hing slIell
8etef'ffiiftatisft, the "perfflan.eftt fRtes" shall he ill effeet fer that rBfte.
While initial rates are in effect. the pumo station costs p~able by the City
will be the ffiallthly 6ffiallllt p&i.d ~y eaell el:lsteffier 'Nithin IlIlY mile is determined
by multiplying the applicable zone rate factor appropriate by the "EDU" factor
listed in Section 5 above. Far "initial rate" , Dhe zone rate factor for zones A
and B is one dollar ($1.00) per month. The initial zone rate factor for zone "C"
is two dollars ($2.00) per month. Fer "perffieellt f&tes": The mile f&te foetar
fsf~~"'e3 A BIld B i3 ehHliftee hy di-/idi8g the eMjlftated 8ftftllal JlUHftteft8flee 8ftd
eperetiaA easts fer the pllffil' ste.tiell seMIIE; that mile ~y lite tetftl IIl1ffi~er ef
BODs, respeeti-;ely, 8ft liRe iR that ftlRe the JlIR! 391'JeeediRg the fiseal year fer
whieh the rate is te ~e este.~lislle8. The mile f&te fReler fer mile C i~ ebWIle8
~y dividing lite e9liffiatee &lllIlIal ffi&i.lltell&llee Md epeflHiell easl5 far the plllftjl
ste.tiall 3ef'Vieillg mile C BY tile letftlllllffi~er ef EDUs elllille in that mile all tile
Jlllle 39 preeeEliAg lite iiseal Yllllf fer wfiieh the f&te is ~eiIIg este.~lisile8, MEI
aEldiftg the -,altle af the ~Re stlreharge fer 26fte B as eelettlated flBe-,e.
The ffiallthly ellllfge shall ~e eal.elllatell eEl ealleetell a8ffiillistfe.tively,
II111eS5 it feSlilts ill IlIl ille_50. III that eo,ellt, tile pF8paseEl mereElSe sI=1all ~e
w/ie"Jled hy CStlfleil i8 atI.,anee at a Ratified ptddie heariftg.
SECTION 4:
read as follows:
That Section 13.14.100 of the Chula Vista Municipal Code is amended to
Section 13.14.100
Sewage Pump Station Charge - DispBsitiBB BeRenBlle Detel'lBiBBtiBB
ee CkBpr;es Sewal!e Purno Station Financlnl!
A.. All the MID costs for all City owned sewaee pump stations within Chula Vista. which
costs are in excess of funds d~sited by develo,pers re!\POnsible for the construction of
said pump stations. shall be paid from the ,eneral sewer budeet.
~7;'t.1
.J. Ie I~-'Q
Ordinance No.
~5'~
Page 5
I!.. When a permanent sewal!e Dump station is aDoroved for construction and has been
constructed and accepted by the City. the develo,per shall de.posit the M/O cost of the
pump station for a period of 20 years based on an estimate by the City.
1.. As an alternative to de.positin~ the full 20 year M/O costs with the City
immediately I!pon comoletion of the sewa~e pump station. the develo,per and the
City m~ enter into an al!reement nrovidin~ for the M/O costs to be Daid by the
develo~r over a period of time. In this instance. the commitment to nay shall
be l1uaraJ'tPMl with adequate security. one form of which may be a lien I!pon the
pronertv to be develo,ped. The amount of said lien may be adiusted over time as
pro,perty is sold or as oayments are made. No portion of the lien amount shall
be reassi~ned to a buyer of a develo,ped pro,perty.
2.. In instances where the oroperty to ultimately be served by a permanent Dump
station is not fully contained within the ownership of the developer who builds the
pump station and an a!!reement with the City has been entered into as provided
above. durin~ a !!iven year that developer shall be resoonsible for the portion of
the M/O cost which is proJlOrtional to the number of EDU's he has connected to
the pumo station as compared to the full number ofEDU's connected to the Dump
station as determined by the Director. In instances where the developer has
deposited the full estimated 20 year M/O costs. a subsequent develo.per usinl1 the
pumo station shall be reauired to reimburse the ori~inal develo.per for previously
deJlOsited M/O costs (olus interest) for EDU's to be connected by that subsequent
develoner.
j... For temoorary sewai!e oump stations. where the pronerty to ultimately be served
is not wholly within the ownership of the develo.per who builds the pumD station.
each subsequent develo,per connectinl! EDU's to the station shall be re~nsible
for the payment of a portion of the annual M/O cost which is prooortional to the
number of EDU's that develo..per has connected as compared to the total number
of connected EDU's.
~ For all active sewa!!e pump stations. the total of M/O costs. includin!! costs of
re.placements. utilities. nersonneI. equipment. sl!Pplies and overheads of all City sewa!!e pumo
stations shall be calculated by the City on a calendar year basis.
That total. plus an estimated amount for inflation. ifany. less de.posits or contributions estimated
~o be on hand at the end of the fiscal year current at that time. shall be included as a system cost
i~ the normal City-wide sewer budl1et and distributed amon!! all pronerties within the City
~
~ ('1-'\
Ordinance No.
~.5'9t,
Page 6
connected to the Chula Vista sewer system durin!! the fiscal year be!!innin~ on the immediately
followin!! July 1.
n.. The actual cost of bypassin!! or removin~ a temporary sewa!!e pump station from service
and connectin!! the collection system to an adiacent permanent !!ravity system shall be paid from
the re!!ular sewer bud~et. and that cost (Jess any remainin~ deJlOsits collected for that pUlJ)Ose)
shall be distributed amon~ all pr()1lerties connected to the Chula Vista sewer system.
~ This section shall not be aoolicable to any sewa~e pump station not owned b.y the City
or to any a~reement with a public a!!enc;y or private entity concernin~ such a pump station.
.
....
B:-
e:-
The e"Jl:fter aT seSlIl'Mt af MY p&fetl af le8:l 1'f8pefl}" e8ftfteeted te a ae"..-rt'8.ge 1'1Iffil'
statiea whish is B. part af the \"JastErJ:atef system af the City anti sitHeteEI -.\"ithia a SiJeeial
StONer Serviee Rate .&...rea e3tfthlished BY the City CStlftsil shallI'll)" an MAHal 8e-JJ&ge
Pump S1&tiS8 ChMgs ill the 8ffl8t1ftt :Jet feftJl in the efdift8ftee estaBlishing sueR I..fea, a1
ti lIfftelllletl by the City CelllleilMlllllHly by 8fdiIlMee, ti lIesigllated fer IllIftlinistlllth.e
eaw/eIIiellee ellly ill Ute Master Fee Selletlllle. Tile Mllllti eilllrge sllall be pre fllteEI fer
He'JI 8f Festered gefViee, &Ad shall he ealeulated anfl M3e3JeE1 pHFStlant 16 this 3tt6divisisft
Mil sllbdivhiell C lIefe8f Mil ealleeted ill aee8f6Mee with SeeliBIl 13.11.1S9.
1..11 ftr/SRlIe deFived (lEUR !ie"NagS pump stat-iSR eftarges shall he depeMted iDle a separate
ftuul a1 &eS8t1Rt deeffied apI'rep8ate hy the Direeter af FinUlae.
Sewage pllftlp steliell ellllfges siltil be btietlllpElll filII east reB8'/BfY ef IIH ei~ elfIleIlge3,
ineludiRg, But Rst limited le, lear, malerials, eEjUipmeAt, ,eOlter and -J':ttter 88Sts,
eRlergelley tiMftlS, Mil everllead easts BlIpefielleetl by the City relllli"le te eaeil SB'Nage
pump Mati6ft, ifteludi"g pre-Asia" af a fe!Jef\oe (far eash ReO)' ana a re&:i8ftahle huffer
agaift3t large -,&riMiaR ift anRual aS3e33meRt), "et less than 25 pereent Ref mele thaR S9
pet:eeRt sf ~e estimated 88915 fer maiRteRanee ud &pemBeR fer the eRSUH\g year. :\RY
lIeReit er elleess reslIltillg ferftl II lIiffefellee het'lIeeII ~e esftftllltetl ea5ts Mil aetll8l easts
siltil by eaffeeted by aElj1l9lftlellts tet lie ftttes eftllfgetl te the Pfeperty eWIlBfS 1I11ri1lg ~e
sueeeediftg year. fafter the re5efVe leashes at least 25 pereest, hut Bet Mere th8fl 59
I'ereeRt, it shall 8e maiRtainea te 'Fe"/ide Reeessary .sk A.e\-, fer 8pemaaRS and a
feti8ftahle h1:lffer against lHge \MaaS"S iR 8I\ftlUtl 8:35e3smen.t:s. Evei')" year,
88mmet\eiftg iMMediately felle-.viftg plaeeffieRt af seitl _:Iage pllmp SteHa8 inte gefYiee
Mil aeeeplllllee by eity ef !eSJl8llstbility fer is ftlMllteftMee Mil epe1'&li:BIl, the Difeeter
af PHhlie "JadEs shall setermiRe the estiMated easts fer mMRteaanee and apeANi8ft af
said plllllp s18liell fer the ellffellt RSelH year, illeltlllillg ~e 2S te S9'1t reserve, fRBllllired
FHfttl:ij, and shall tletelfftifte ~e aetllal iHftd, eft depesit -.\"ith the City, -Jlhether femaiftiftg
freftl prier year epBfBtiells er fr-eftl DB'/eleper, estiftlated te be If/Mlable ti ef JlIlle 39
?~t-.;
-
.J.. I 2... \ '4 - \ 'L
Ordinance No.
,)59 t
Page 7
(.4.eftial flllllls). The 8IlRllal Se.,vage PIIRlp SmaeR Cllllfge shall be delerftlifted b)' the
falle'Nillg farlftl:lla: (RfJEtlIifeII FIIRds lftiRIIS I.eltlal Fl:lRds) divided by the Rlllftber ef
etIstelfters 66RReeleEl ta the OEwage pllRlp 5IMiell eR 9lI:id JIIRe 39. Fer teRlpefllf"j ge'Nage
pump MMiSft3, the aamal ee3t af hypa33iftg eEl feffi8ving ft:e1R the amaeR, anil
feeeRfteeaag the !ieFVed Eyhdy;isiSR te the atljaeeFlt permaneRt gflvdty system shaD he
peid frelft the praee~~s ef 9lI:id Clulfge (Md De"/eleper fllllds a"Illi1e8le, if &IIY).
Hewe'.er, the CRllfge ftlr the 1ll5t ftlll year 5IIall Ret inere&ge ab6'/e the llfBellllt eharged
tile year preeediRg the 1ll5t year. If atIditieRal fllllds Ilfe felIlIired te pay SlieR lfansiaell
eests, &RAHal Char..ges shaH eeRtiR\:le Ie Be assessed tiRal sHah eeMs are e8mpletely paid.
Ul'8a that eveR, the Speeial Se':..er Se~;iee Rate 'ares. shall he di33el-~'ed. The DiFeeter
shall HIe a fel'eft with the City Clerk aRllllally geuiRg fel'th the desefil'aeR af eaeh
prepefly affeetell &liE! the Illftellllt ef the l'repesed Chllfge.
D: The ehllfge 5IIall be eelleeleEl ill lftaRthly ar bi Iftellthly iRstalllftellts with the waler bill,
anlHlall)' 6ft tfle tftX hill, af etJ:temix 83 tfle City determifte3. Stlah BftIUlal eharge3 &fe
sllbjeet te illtefest, late peylftellt pellallies, and ether eRllfges Il5 set feftb ill Seetiall
13.1 US9.
&.- The eharge, tegetiler ..;,ilft illtefest 66SIS, lete eharges &liE! IelI:3ElRllble etteflley's fees 5IIall
be a eAllfge lIflE!a e6l1tilll:lillg Iiell ell the prepefly gefVed, _Mable ME! fereele3llille ill
the salfte Iftllflller Il5 a Ifteftgage er by sale 1'1IrSllllflt te Ci>'AI CeE!e Seeaells 1367 anE!
2921, 8fl8 eftfeFee9.hle is the same ffiMfter M any deliR'illeftt tft:x, if eelleeted 8ft the Htx
eHh
E. II is a 1'IIf1lese aRE! illtellt ef this seetiell te al'llly the l'reeeE!lIfes Rell te the eldaaAg
:.peei&l 3e7/er 3efYiee !tie ~ af EeAeS, 16 the eful that all 3HSh &fe8.9 er maes, ple3eftt
er flllllfe, shall be esmblished, Rave llflRllal eAllfgeS ll5ilE)ssed, eeHeeted, BIlE! eIlfereed
lII'6ll defillllt ill the salfte Iftanller. All previous agreements and ordinances relating to
special sewer service rate areas or zones are hereby amended to be in conformity with
Council Policy No. 570.03 these pfe'tisialls. This section is enacted pursuanl to an
exercise by the City Council of its police powers as a Charter city, and pursuant to
Health and Safety Code Section 5471, Government Code Sections 54300 et seq., or any
other applicable state law. 1.11 Re\': llI'eeial ge'.ver seMee fete llfe&!l er i!ElReS hereafter
erealeEI 5IIall be efeltle8 by &II eftlill8Ree sllbsllllltiall} in aee6MaRee with ME! pllfSlIllflt
te the Iftedel eMillanee 66lllllillillg the felIlIirelfteRts ef this seetiell preJlllfed by the City
I.ttefftey and aplu6~..ed hy City C8HBeil.
SECTION S:
read as follows:
That Section 13.14.150 of the Chula Vista Municipal Code is amended to
~~-,~
1'"t-13
Ordinance No.
,1.59 t
Page 8
13.14.150 Payment of Sewer Service alla Pulllp Statiell Charges-Penalty for
Delinquency-Discontinuance of Service- When- Unla wful
Conneetion-Backbilling and Penalty.
A. Billing and Payment. All sewer service BIle I'IIIft1l sltlaaR epeftltieR Me lftaiBteR8Jlee
charges shall be billed upon a monthly or bi-monthly basis, or on the Tax Bill, as
determined by the City Council, and shall be payable upon the billing of such charges
to the owner or the occupant.
B.
1.
Director's Report. Annually, not later than August 10, the City Clerk shall set
the Report of the Director of Public Works med pursuant to Section 13.14.100
and/or 13.14.110 for public hearing before the City Council and duly cause
Notice thereof and of the filing of said report to be published once at least ten
days in advance thereof in a newspaper of general circulation published in the
City of Chula Vista.
2. Notice to Property Owner. When the Director of Public Works requests that such
charges be collected on the Tax Bill for the first time, the City Clerk shall, in
addition to the notice required by subsection B.l., cause to be mailed to each
person assessed for each property described in the report, at the address shown
on the last available assessment roll, Notice of the filing of the report and of the
date, time, and place of the public hearing thereon. If such charges are collected
on the Tax Bill pursuant to such Notice, annually thereafter such notice need not
be given but only the notice by publication required by subsection B.l.
C. Council Action. The City Council shall conduct a public hearing to consider the amount
of such charges, and whether they shall be collected on the Tax Bill. The first year said
charges are proposed to be placed on the Tax Bill, such action is subject to a majority
protest.
1. If a majority of the owners of affected properties protest placement on the Tax
Bill, the charges shall not be so collected, but shall be established by City
Council Resolution and collected pursuant to subsection D hereof.
2. If there is no majority protest and the City Council determines to place the
charges, or some of them, on the Tax Bill, for those to be collected on the Tax
Bill the City Council shall by ordinance approve the report of the Director of
Public Works, along with any corrections thereto and establish the amounts of $e
se'''''age "111ftI' sltltiell ehllfges BIle/er such sewer service charges to be placed on
?~ t} ,y-
~I~...\~
Ordinance No.
.2.5'9t
Page 9
the Tax Bill. The City Clerk shall endorse thereon that it is the report finally
approved by the City Council, and forward the appropriate data forthwith to the
County Auditor for enrollment on the Assessment Roll, and ultimate collection
by the Tax Collector on the Tax Roll in accordance with Health and Safety Code
Section 5473 et seq.. Pursuant to Health and Safety Code Section 5473.8, all
laws applicable to the levy, collection and enforcement of real property taxes
including, but not limited to, delinquency, correction, cancellation, refund and
redemption, are applicable to such charges.
a. Pursuant to Health and Safety Code Sections 5471 and 5473.10, the City
Council shall establish by ordinance the charges as those set forth in said
report (along with any corrections) and hereby establishes the basic
penalty for delinquency in the amount of 10% of the delinquent amount,
plus one and one half (1-112) percent per month for nonpayment of the
charge and basic penalty (designated for administrative convenience only
in the Master Fee Schedule), which shall also be collected by the Tax
Collector on behalf of City.
b. The Director of Finance shall give Notice to the owner of any parcel
when any such charges become delinquent for 60 days, and of any
penalties and interest thereon as provided herein, and that they shall
constitute a lien with the force, effect and priority of a judgment lien
against the lot or parcel against which it was imposed, good for three
years from recordation, if recorded. The Director of Finance shall record
with the County Recorder, pursuant to Health and Safety Code Section
5473.11, a certificate specifying the amount of the unpaid charges and
penalties and interest thereon, when any such charges become delinquent
for 60 days.
D. Non-Tax Bill. Alternatively, the charge and the billing therefor may be combined with
other utility bills and separately designated, or otherwise billed and collected, as
determined by the City Council. Said charge, together with penalties and interest, and
reasonable attorneys' fees (hereafter collectively referred to as Charge), shall be a charge
on the property served and shall be a continuing lien upon the property served, the lien
to become effective upon recordation of a Notice of Delinquent Sewer Service (IIml/ar
Se'J.'Ilge Piliill' 818tiall-) Charge. Each such Charge also shall be the personal obligation
of the person who was the owner of such property served at the time when the Charge
was levied. The personal obligation for Delinquent Sewer Service (end/Elf Sewage PIIHlJl
Sl8lieJl) Charges shall not pass to an owner's successors in title as their personal
obligation unless expressly assumed by them.
- /;1-1-
.1- 15 \ ~-l.s
Ordinance No.
elf?"
Page 10
Any Charge imposed in accordance with this ordinance shall be a debt of the owner of
property served from the time the Charge is levied. At any time after any charges have
become delinquent, the City Engineer may file for record in the office of the San Diego
County Recorder, a Notice of Delinquent Sewer Service (StillIer Se'll8ge PlIfftP Steaea)
Charge as to such property served, which notice shall state all amounts which have
become delinquent with respect to such property served and the costs (including attorneys
fees), late penalties and interest which have accrued thereon, and the amount of any
charges relating to such property served which is due and payable although not
delinquent. The notice also shall contain a description of the property served with the
name of the record or reputed record owner of such property, and the name and address
of the trustee authorized by the City to enforce the lien, if by nonjudicial foreclosure as
provided below. Immediately upon recording of any Notice of Delinquency pursuant to
the foregoing provisions of this Section, the amounts delinquent, as set forth in such
notice, together with the costs (including attorneys' fees), late penalties and interest
accruing thereon, shall be and become a lien upon the property served described therein,
which lien also shall secure all costs (including attorneys' fees), late penalties and interest
accruing thereon. In the event the delinquent charge and all other charges which have
become due and payable with respect to the same property, together with all costs
(including attorneys' fees), late charges and interest which have accrued on such
amounts, are paid fully or otherwise satisfied prior to the completion of any sale held to
foreclose the lien provided for in this ordinance, the City Engineer shall record a further
notice, similarly signed, stating the satisfaction and release of such lien.
Each lien may be foreclosed as and in the same manner as the foreclosure of a mortgage
upon real property under the laws of the State of California, or may be enforced by sale
pursuant to Sections 2924, 2924(b), 2924(c) and 1367 of the California Civil Code, or
any successor statute or law, and to that end, the right to enforce the lien by sale is
hereby conferred upon the City and its trustee designated in the Notice of Delinquent
Charge, or a trustee substituted pursuant to California Civil Code Section 2934a. The
City shall have the power to bid for the property served at a foreclosure sale, and to
acquire and hold, lease, mortgage and convey the same. Suit to recover a money
judgment for unpaid charges, costs, late penalties and attorneys' fees shall be
maintainable without foreclosing or waiving the lien securing the same. In any action
by the City to collect delinquent charges, accompanying late charges or interest, the
prevailing party shall be entitled to recovery of its costs and reasonable attorneys' fees.
E. Penalty for Delinquency. If the sewer service IlIlEller 'liMP !IIlHisa charge is not paid
before the close of business or postmarked before midnight of the final date for payment
as shown on the billing, a basic penalty of ten (10) percent of the charge(s) shall be
added thereto, plus one and one half (1-1/2) percent per month for nonpayment of the
r").d ,. (;
~,
..J- kD - \ "4 - I (,.
Ordinance No.
~.59t
Page 11
charge and basic penalty (designated for administrative convenience only in the Master
Fee Schedule); provided, however, that when the final day for payment falls on Saturday,
Sunday or a legal holiday, payment may be made without penalty on the next regular
business day.
F. Service Discontinuance. In the event the owner or occupant of any premises shall be
delinquent in payment of the sewer service lIIla/ar pllffip slltti:aft charge and such
delinquency continues for a period of five days after the final date for payment of such
charge, the city shall have the right, forthwith and without notice, to discontinue sewer
ana/ar pllffip M8tieft service to such delinquent owner or occupant, and sewer ana/ar
pllffip sllltieft service shall not again be supplied to such person until all delinquent sewer
service lUIa/er plllflp sllltieft charges plus the penalties thereon as herein provided have
been paid. The sewer service Ilfta/er JlllffiP sllltieft charges may be collected by suit in
any court of competent jurisdiction or any other manner.
G. Unlawful Connection. In the event that any parcel or building is determined by the
Director to have been unlawfully connected to the public wastewater system, the City
shall have the right to terminate sewer Ilfta/er pllffip !lItltieft service to such parcel or
building as provided in section 13.06.110. Sewer lUIa/er plllflp sllltieft service shall not
again be supplied to such parcel or building until all delinquent sewer service ea/er
pllffip M8liaft charges which have been accumulated during the current ownership of the
parcel or building, plus a basic penalty of 10% of the delinquent sewer service 8Ila/er
pllffip sllltieft charge plus one and one half (1-112) percent per month for non-payment
of the charge and the basic penalty (designated for administrative convenience only in the
Master Fee Schedule), has been paid.
SECTION 6: The City Clerk of the City of Chula Vista is hereby directed to publish this
ordinance within fifteen (15) days after its passage in the Chula Vista Star News, a newspaper
of general circulation published in the City of Chula Vista.
SECTION 7: Effective Date. This ordinance shall take effect and be in full force on the
thirtieth day from and after its adoption.
JAtll7
l'i-ll
Ordinance No.
.;59t.
Page 12
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
Bruce Boogaard
City Attorney
(f:_""'~.ord)
(July II, 1994)
'7. <J -/,..
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(. t' \ ,",,-l~
COUNCIL AGENDA STATEMENT
Item /6
I 'tit
Meeting Date_ e t 'J-. \
ITEM TITLE:
J75'l?
Resolution ***** Adopting the Records Management Program
Manual, providing for the Establishment and Administration of a City-
wide Records Management Program, including Retention Schedules,
Alphabetic Cross References, Procedures for both the Active and Inactive
Systems, the Elimination of Legal Size Files for the City of Chula Vista,
Authorizing the destruction of Public Records, and Establishing a date for
Conversation to and compliance with said program
SUBMITTED BY: City Clerk\j.J-(}-
In June 1991, the City Council approved a CIP Project for a City-wide Records Management
Program. Included in the project was the hiring of a consultant to assist in the design of a
records program. Since that time, the program has been developed with input from all
departments. The program is now before Council for approval and adoption.
RECOMMENDATION: That the City Council approve the attached Resolution adopting the
City-wide Records Management Program and the Program Manual, which includes the Records
Retention Schedules and the Alphabetic Cross References, Procedures for the Active and Inactive
Systems, including authorization to destroy public records, elimination of Legal-size Files, and
setting a date for completion.
BOARD/COMMISSION RECOMMENDATION: None
DISCUSSION: With the help of Susan Bigelow, records consultant, a records management
program for the City was designed. Each department had an active role in both the design of
the records system and the drafting of the retention schedules.
The Resolution sets forth a records management program for the City, including procedures
which are consistent with sections of the Government Code relating to record keeping, and
authorizing the destruction of public records. The Program establishes retention schedules which
are essential in setting up and maintaining the records program. The retention schedules
establish the time period that a record is to be maintained in an active office environment, when
it is to be transferred to storage, and how long it must remain there before it can be destroyed.
In some cases, records cannot be destroyed unless they are first preserved in some manner such
as on microfilm or optical disk.'
Adoption of the Program and approval of the Manual will provide express authority for
department heads and other City officers to destroy unneeded public records, without further
City Council approval on a case-by-case basis. This will save a great deal of City Council
agenda time (and paper), and protect those officers from allegations of unlawful destruction in
violation of Government Code Sections 6200 and 6201. It also sets forth procedures for the
Funds for an optical disk system were also included in the City-wide Records Management Project. An
RFP is currently being developed. ..il'-,' - 1.5-1
Item No.
Date:
~/t)
~;,~'l"
destruction of original and duplicate public records when no longer needed or required by law
to be kept.
The Program, as submitted, does not include police records although a function has been
assigned (the 1200 series). It was discovered very late in the process that only a part of the
police records had been included. The Police Department has been notified, and they are
working on it. However, a decision was made to proceed with the Program minus the Police
function and to bring that section back to Council at a later time. The Resolution includes
direction to the Police Department with a six-month time frame for completion.
The Resolution also includes elimination of legal-size files known as the ELF program. The
purpose in eliminating legal-size files and converting to letter size paper and equipment as soon
as possible is to reduce administrative operating costs as follows:
. Reduces floor space: legal-size filing cabinets occupy approximately seventeen
percent more floor space than a letter-size file cabinet.
. Conserves energy and natural resources: there are over 960 square inches of
steel wasted with the average legal-size lateral file. A ream of legal-size paper
is approximately twenty-one percent larger and twenty-four percent heavier than
a ream of letter-size paper; a waste of wood fibers and energy production.
. Eliminates the need for double stocking of paper, folders, etc. in order to have
supplies available in both letter and legal sizes.
. Reduces the cost of supplies: Legal-size paper, filing folders, and filing cabinets
all cost more than letter-size.
. Reduces the cost in preserving records: Whether preserving records on microfilm
or on an imaging system, fewer legal size records can be stored on a roll of
microfilm or on an optical disk.
Many agencies have adopted such a policy and have converted to letter size including:
Department of the Army, Federal Communications Commission, Securities Exchange
Commission, the U.S. Postal Service, the Federal Courts, and a majority of the State Court
Systems (including California). Several San Diego cities (La Mesa, EI Cajon, Oceanside, and
Escondido) also changed to letter size in the mid-' 80s.
Currently, Chula Vista's City Attorney's Office uses all letter-size paper for all legal pleadings
and other court filings. However, although a majority of Chula Vista's records are now letter
size, it has lagged behind in making this an official position of the City. Departments still order
legal size filing supplies such as folders, and some forms are still being produced on legal size
paper, as well as some plans are still being submitted folded to legal size.
Effective July 1, 1994, a new State law changes the standard size of forms submitted for
recording to 8 1/2 x 11 inches. The Recorder's Office has informed the City that they will
charge a penalty fee for any document smaller or larger than 8 1/2 x 11 inches in size.
.g' J.- - /5-~
Item No.
Date:
yl!
-::'':'iS~~
As part of the records program, high density files2 were purchased for three departments:
Engineering, Personnel, and Planning. Public Works Operations included high density files in
their remodel as did the City Attorney's Office. This has made filing cabinets available to other
departments that have had a need for them. Currently there is no immediate plan to convert all
city departments to high density filing equipment; it would simply be too costly. However, the
long-range plan includes converting all filing equipment to high density. Because of budget
constraints, this would occur when a need arises for additional filing equipment or when a
department is undergoing remodeling. As an interim measure, we will be using a file folder
with both a top and side tab which can be used in both regular filing cabinets as well as the new
high density filing shelves.
FISCAL IMPACT: The City will experience an overall cost savings because: (1) letter-size
supplies and equipment is on the average 25 percent cheaper--(a cost comparison of some
supplies and equipment is attached) and; (2) inactive records will consistently be purged from
the active files and moved to the Records Center where storage is cheaper--(currently, records
are being stored in the old Weight Room at Parkway Gym which was vacant); and (3) by
consistently destroying records which are no longer required to be kept will reduce the volume
of paper thus freeing up valuable floor space for other purposes.
2
High density filing systems saves space because it eliminates the room required for pulling out drawers.
It also increases filing efficiency when used with color coding since all files are visible and misfiles are
immediately noticeable. ~ ;:J- ~ 3
~ ,~.
,
,~
Item No. ~
Date: "'l('r.'9a "~r~~
Page 4 t/%.J'Icj
COST COMPARISON BETWEEN LETTER SIZE AND LEGAL SIZE ITEMS
Cost for Cost for
Item Letter Size Lel!al Size Savinl!s
Filing Cabinets
Vertical, 4-drawer 273.00 313.00 40.00
Lateral, 4-drawer 650.00 750.00 100.00
1 Box of 100 Plain, 11 pt. Manila Folders 11.75 15.65 3.90
1 ream (500 sheets) white copier paper 89.24 102.95 12.71
/5 -If
.I- ~/-
RESOLUTION NO 12,f77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, PROVIDING FOR THE
ESTABLISHMENT AND ADMINISTRATION OF A CITY-WIDE
RECORDS MANAGEMENT PROGRAM FOR BOTH THE ACTIVE
AND INACTIVE SYSTEMS, INCLUDING RETENTION
SCHEDULES AND PROCEDURES, AND AUTHORIZING THE
DESTRUCTION OF PUBLIC RECORDS
The City Council of the City of Chula Vista, California, does hereby resolve as follows:
Section 1. Purpose. The declared purpose of this Resolution is to provide for the proper and
efficient management of the public records of the City of Chula Vista.
Section 2.
Definitions.
a. "City Clerk" means the City Clerk, or the City Clerk's designated representative, of the City of
Chula Vista.
b. "Disposition" means the allocation of public records to a particular location according to their
categorization or for destruction.
c. "ELF" is a program endorsed by the Association of Records Managers and Administrators to
"Eliminate Legal Files." The program helps to reduce the administrative operational costs of
business and government by approximately twenty-five percent.
d. "High Density Filing Systems" are lateral-type filing shelves which can be open or have doors
which fully retract. Lateral tiling eliminates pull-out drawers so less aisle space is needed
between cabinets thus reducing floor space, and the system can go as high as seven shelves while
an average filing cabinet is four or five drawers high.
e. "Public Record" includes any writing containing information relating to the conduct of the
public's business prepared, owned, used, or retained by the city regardless of physical form or
characteristic.
f. "Records Center" means a central repository for housing all inactive records until they have met
their specific retention requirentents, or other records which are stored and preserved from
destruction due to legal, operating, or historical reasons.
g. "Records Management Program" means the systematic control of the creation, acqUISItiOn,
processing, use, protection, storage, and final disposition of all public records, including the
establishment and maintenance of a system of filing, indexing, storing, preserving, and destroying
of public records.
h. "Retention Schedule" means that portion of the Records Management Program and Manual,
approved by the City Council by resolution (or as amended by the City Clerk pursuant to
authority delegated herein), describing records maintained by city departments and specifying,
15"-5
8'./
Resolution No. ***-*
Page 2
in accordance with statutory requirements or evaluation, the period of time which must elapse
before destruction may be made of a body of records; and
L "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other
means of recording upon any form of communication or representation, including letters, words,
pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper
tapes, photographic films and prints, magnetic or punches cards, discs, drums, and other
documents.
Section 3. Ownership of Public Records. All public records shall be the property of the City of
Chula Vista; and, in this regard, such records shall be delivered by outgoing officers and employees to
their successors. No records are to be removed from city premises and stored in unauthorized locations
(Le. employees residences).
Section 4.
Responsibilities; Adoption.
a. City Council. The responsibility for the keeping and management of all public records of the
City of Chula Vista shall rest with the City Council of the City of Chula Vista. The City Council
hereby adopts as the City Records Management Program ("Program") that program set forth in
the City-wide Records Management Program Manual ("Manual") on file in the City Clerk's
Office and known as Document Numbers C094-*-* and C094-**-, respectfully.
b. Officers and employees. It shall be the duty of each officer and employee of the City of Chula
Vista to protect, preserve, store, transfer, destroy or otherwise dispose of, use, and manage
public records only in accordance with applicable federal, state, or local law, or such rules as
may be promulgated or approved by the City Council, including but not limited to, the
"Program" .
c. City Clerk. It shall be the duty of the City Clerk to coordinate the "Program" for the City of
Chula Vista. In this regard, the City Clerk may, among other things, do the following to insure
the proper and efficient management of the public records of the City of Chula Vista:
(1) Develop and circulate such instructions and regulations as may be necessary and proper
to implement and maintain the "Program", including instructions and regulations
encouraging city officers, departments, and employees to immediately destroy and not
place in files those documents such as preliminary drafts, notes, or interagency or intra-
agency memoranda not retained in the ordinary course of business;
(2) Advise and assist city departments in the preparation of records inventory and updating
retention schedules;
(3) Provide and maintain a Records Center to house records no longer required in active
office areas but which require further retention due to legal, operating, or historical
reasons; maintain an index to all records stored in the Center; and respond to requests
for inspection and/or copying of public records maintained in the Records Center, with
the assistance of the Department Head of the affected department;
""-
~
JS-b
Resolution No. *****
Page 3
(4) Advise and assist city departments in reviewing and selecting material to be transferred
to the Records Center for preservation;
(5) Advise and assist, as the City Clerk deems necessary, city departments in conducting
surveys, studies, and investigations as will assist in promoting of a proper and efficient
"Program" for the City of Chula Vista, including information retrievals systems; and
(6) Develop procedures for the protection of city records against natural or other disasters.
(7) Periodically, on a regular basis not less than annually, prepare and promulgate
amendments to the Alphabetic Cross-Reference Index and the Retention Schedules to
retlect new categories and/or subcategories in the Functional Filing System determined
by the City Clerk to be necessary, subject to the approval of the City Manager and City
Attorney for administrative and legal appropriateness, respectively. The City Clerk may
in the interim between annual amendments, issue new numbers for use by departments.
d. City Departments. City Departments shall establish and maintain an active, continuing program
for the economical and efficient management of the public records of the department. Such
program shall, among other things, provide for:
(1) Effective controls over the creation, maintenance, and use of public records in the
conduct of business including provision for immediate destruction, and non-filing of
documents such as preliminary drafts, notes, or inter-agency or intra-agency memoranda
not retained in the ordinary course of business;
(2) Promotion of the maintenance and security of records deemed appropriate for
preservation;
(3) Segregation and disposal of records of temporary value in accordance with established
retention schedules; and
(4) Respond to requests for inspection and/or copies of public records of the department.
Those public records which are not required in the current operation of the office where
they are made or kept, and all public records which can properly be abolished or discontinued,
shall be destroyed in accordance with Section "e" hereinafter specified, or shall be transferred
to the Records Center so that the selected historical records of the City may be centralized, made
more widely available, and insured permanent preservation.
e. Destruction of Public Records.
(1) The City Council hereby approves the Records Retention Schedules in the "Manual."
(2) The City Council hereby grants city officers and department heads who are custodians
of public records for their office or department authority to destroy duplicate public records more
than one (I) year old but less than two (2) years old, if the procedure for Destruction of
Duplicate Publ ic Records set forth in the "Manual" is followed.
,s...,
5 <,--
Resolution No. ..*-.
Page 4
(3) The City Council hereby grants city officers and department heads who are custodians
of public records authority to destroy original public records more than three (3) years old and
duplicate public records more than two (2) years old, if the procedure for Destruction of Original
(or Duplicate, as applicable) Public Records (including approval of the City Attorney) set forth
in the "Manual" is followed.
(4) At minimum, an annual destruction of inactive records shall occur in accordance with the
Retention Schedules ll. order to release valuable storage space for additional records.
(5) This section does not authorize the destruction of the following original public records
(unless such record has been preserved either on micromm or optical disk in accordance with
subsection (f):
(a) Records affecting the title to real property or liens thereon;
(b) Court records;
(c) Records required to be kept by statute;
(d) Records less than three years old;
(e) The minutes, ordinances, and resolutions of the City Council and all city boards,
commissions, and committees.
(6) This section shall not be construed as limiting or qualifying in any manner the authority
provided in Section of" hereinafter provided for the destruction of records, documents,
instruments, books, and papers in accordance with the procedure therein prescribed.
f. Conditions of Destruction. Notwithstanding the provisions of Section "e" hereinabove described,
the City Officer having custody of public records, regardless of the age of the public records,
may, without approval of the City Councilor the written consent of the City Attorney, cause to
be destroyed any or all of such public records if all the following conditions are met:
(1) The record, paper, or document is photographed, microphotographed, or reproduced by
electronically recorded video images on magnetic surfaces; recorded in the electronic
data-processing system, recorded on optical disk, reproduced on mm or any other
medium which does not permit additions, deletions, or changes to the original document,
or reproduced on mm, optical disk, or any other medium in compliance with the
minimum standards or guidelines, or both, as recommended by the American National
Standards Institute or the Association for Information and Image Management for
recording of permanent records or nonpermanent records, whichever applies.
(2) The device used to reproduce such record, paper, or document on mm, optical disk, or
any other medium is one which accurately and legibly reproduces the original thereof in
all details and which does not permit additions, deletions, or changes to the original
document images.
~ J5-<?
Resolution No. .....
Page 5
(3) The photographs, microphotographs, or other reproductions on film, optical disk, or any
other medium are made as accessible for public reference as the original records were;
and
(4) A true copy of archival quality of such film, optical disk, or any other medium
reproductions shall be kept in a safe and separate place for security purposes. Provided,
however, that no page of any record, paper, or document shall be destroyed if any sucb
page cannot be reproduced on film with full legibility . Every such unreproducible page
shall be permanently preserved in a manner that will afford easy reference.
Section 5, Legal-size Paper. All Departments within the City should endeavor to eliminate the use
of legal size-paper and convert to letter size for all forms and supplies (Le. paper, folders, and other
supplies) as quickly as possible once the current supply has been depleted; and that the Purchasing Agent
is instructed to cease ordering all legal size supplies including filing cabinets and to convert to letter size
supplies and high density, letter-size filing systems;
Section 6. Staged Implementation for Police Department. The Police Department is hereby
instructed to complete their portion of the records program and that it be brought forth for Council
approval within six months from the date of approval of the City-wide Records Management Program.
Until that time Resolution No. 13883, which was adopted December 6, 1988 and gives Police authority
to destroy certain types of records will remain in effect, although no other type of record can be
destroyed without City Attorney and City Council approval.
Section 7. General Implentation Schedule. Conversion to the "Program" be accomplished by all
city departments no later than December 31, 1995.
l
Presented by
Beverly A. Authelet, City Clerk
Bruce M. Boogaard, Ci
:1-:'1
I!-r
COUNCIL POLICY
CIlY OF CHUlA VISTA
SUBJECT: CITY-WIDE RECORDS
MANAGEMENT PROGRAM
ADOPTED BY:
Resolution No. XXXXX
POLICY EFFECTIVE
NUMBER DATE PAGl
112-01 XXIXXI94 1 OF 1
I DATED: XXIXXI94
PURPOSE
The Records Management Program e....blishes a city-wide filing system with retention schedules and
procedures for maintaining the records of the City. The Program includes:
The Active System with a complete description of the functional filing system to be used by all
departments
Procedures to follow regarding how to create a new file as well as instructions on how to destroy an
original and a duplicate record
An alphabetical cross-reference
Retention schedules
Elimination of legal-size documents
Guidelines for the preservation and destruction of records; and
An Inactive System which includes directions on how to transfer and retrieve inactive records to 8l
from the Records Center.
POllCY
The council-approved policy with guidelines and procedures can be found in the City-wide Records
Management Program Manual as adopted by the City Council on **1**/94.
~.44
J~ -It>
COUNCIL AGENDA STATEMENT
Item .6/6
Meeting Date 7~E::94 ~/2/e;1.(
SUBlWru;D BY:
Resolution 1'.5'8''1
CCHJperative bid
Director of Public Works ~
City ManagerJ':l ~ ~
Authorizing the purchase of Transit buses on
ITEM TITLE:
REVIEWED BY:
("/5tbs Vote: Yes_No..xJ
The FY 1994-95 Transit Division budget provides for the purchase of two (2) beavy duty
transit buses. Council Resolution #6132 authorizes the City to participate in a CCHJperative bid
with other governmental agencies. The City is able to obtain the two buses via the County of
San Diego option on Purchase Order #30163 adopted by the Board of Supervisors on June 7,
1994.
RECOMMENDATION: That Council adopt resolution authorizing the purchase of two (2)
beavy duty transit buses from Gillig Corporation, Hayward, CA
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The last bus purchase by the Transit Division was in FY 91-92 for four (4) buses. Demand
for transit service since then has increased 13.5% from 2,026,000 total ridership in FY 91-92
to an estimated 2,300,000 total ridership in FY 94-95. In order to meet this service demand,
it is necessary to purchase two (2) additional buses. In spring 1993, the County of San Diego. .
issued a Request for Bid for four (4) 35-foot buses. The County Purchasing Department
solicited bids from qualified bus manufacturers nationwide, and sent bid documents to five
prospective bidders. One bid was received, from Gillig Corporation, Hayward, CA in the
amount of 5222,066 per bus. According to County staff, other potential bus manufacturers
declined to submit a bid either because of the relatively small order of four buses, or because
of production commitments to other transit systems.
Included in the County's bid document was an option to purchase up to six (6) additional buses
by June 30, 1994. The unit cost of these additional buses under the option is 5225,419.68, an
increase of less than 2% from the original bid price of 5222,066. The total cost of $450,839.36
for the two CVT buses is $41,160.64 below the $492,000 contained in the FY 1994-95 Transit
Division budget.
Attacbed for Council's information (Att,r.hment 1) is a picture of the Gillig Phantom bus. The
San Diego Transit Director of Maintenance has reviewed the County of San Diego's
specifications and tecommended one change - that the ZF transmission be changed to an
Allison B400R. In addition to this change, Transit staff requested Gillig to change General
Electric radios to Motorola for the CVT purchase since our current radios on CVT buses are
, ~ 7/~'i~
}8-/ ~~ ~vu4"
Page 1, Item 15
Meeting Date 7/16/94
manufactured by Motorola. Gillig has responded to the Transit Coordinator that these two
changes can be made at no additional cost to the City.
.
The addition of two Gillig buses to the CVT fl~ will increase the fleet size to 33 buses
produced by four manufacturers: 2 Gillig, 4 ,Chance Trolleys, 4 Goshen, and 23 Orions
manufactured by Bus Industries of America. The CVT contract operator, San Diego Transit,
concurs with this bus purchase and does not fc;ri-eseeany problems associated with the addition
of two buses to the CVT fleet which are not~anufactured by the present three manufacturers.
San Diego Transit has 155 Gillig buses as piut ofits total fleet of 308 buses, and its mechanics
ore """"""'" m............ "'"1; (112 o;n;g. ~ pmclwod by SDT m 1991, ond
43 were purchased in 1983. All 155 'gs are diesel powered.) In addition, many of the
major components used in heavy duty ansit bUses (such as engine, traflsmi~sion, suspension,
etc.) are the same among different m ufacturers.
The specifications for the Gillig ~es cover all the City's requirements, and include air
conditioning, an electronic destina . on sign, and a Series 50 Detr9~' Diesel engine which meets
the current California Clean Air emissions requirements. I~ls timated that the buses will
be delivered in six months and '11 be llSed for service expins' n to Route 709 serving the
Eastlake Library and Eastlake ea generally. / /
/ !
In evaluating past fleet purr.&ases for the City, the:" ~uncil has " ested that staff
determine the feasibility of fiuing alternative fuel sys ~ch as co~p ed natural gas
(CNG). This was done als for the proposed bus phase.! Attachmljllt is a chart which
compares the emissions fo the Series,50 Diesel enidni and Jhe Series ~ mpressed Natural
Gas engine against the I 4 California Standards -fqt four iemissionsj h drocarbons, carbon
monoxide, nitrogen oxid ,and particulates. The ~ries 5~ Diesel 9hi' not only meets the
California 1994 standar for these ,four pollutant$, but h,Bs 1l!rm1, 'e . ions than the CNG
engine for three of the i our polluta;ts (hYdrOcarbjns, ~n moq6xid and particulates).
In addition to evalua~g emissions, regarding ~ feasib~ty of ing an alternative fuel
bus such as CNG fO,riChula VlSta,:Transit, the/Trans~'t rd' tor ,ntacted Gillig and San
Diego Transit conceqling the capiW and operll6ng cost . er ces b een the Detroit Diesel
Series 50 engine and CNG. In ter$ of capil41 cost, "g es ated t a CNG powered bus
with the same specifications as thoSe buses ~g ~ed y the unty would cost at least
$40,000 more thana bus with the ,Detroit Diesel S.~~ 50 gine, approximately $80,000
more for the two buses. San Diego Trans;t staff indi~ that t bids on 40-foot CNG
buses in other traI/Sit systems hav~ been $,,00,000 or 1J!.0 per unit. tIn addition to the higher
capital costs for ~G buses, San Diego transit has '. ated that Fe addition of two CNG
buses to the C~ fleet would increase annual maintenance cost und", the City of Chula VISta
contract by $50,,000 annually due to mdre frequent and costly maiDtenance requirements for
CNG vehicles yersus diesel vehicles./Based upon the above, staff is not recommending the
purchase of ttj CNG vehicles. ' .
~,,~ /6-;1.
Page 3, Item If
Meeting Date 7/26/94
FISCAL IMPACT: The FY 1994-95 Transit Division budget provides $492,000 for two
transit buses. The purchase cost for two Gillig buses under the County of San Diego option
will be $450,830.36.. The cost or the bus purchase is funded by the Transportation
Development Act (TDA) Article 4.0 funds.
WMG:DS'{)28
)L_~.N
I" - 3
RESOLUTION No.I?58"lj
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE PURCHASE OF
TRANSIT 8USES ON COOPERATIVE BID
WHEREAS, the FY 1994-95 Transit Division budget provides
for the purchase of two (2) heavy duty transit buses; and
WHEREAS, Council Resolution No. 6132 authorizes the city
to participate in a cooperative bid with other governmental
agencies; and
WHEREAS, the City is able to obtain two Gillig Phantom
buses via the county of San Diego option on Purchase Order #30163
adopted by the Board of Supervisors on June 7, 1994; and
WHEREAS, the unit cost of these additional buses under
the option is $225,419.68, an increase of less than 2' from the
original bid price of $222,066; and
WHEREAS, the total cost of $450,839.36 for the two CVT
buses is $41,160.64 below the $492,000 contained in the FY 1994-95
Transit Division budget.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize the purchase of two
Gillig Phantom heavy duty transit buses via the County of San Diego
option on Purchase Order #30163 at a cost 0 450,830 6.
John P. Lippitt, Director of
Public Works
oved ~ 0 '=:0
city
Presented by
Bruce M. Boaga
Attorney
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5J5/94
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1
-/
IlESOLll'1'ICN NO. 6132
,
/..
.
..
IlESOLll'1'ION 01' '!'HE CITY COUNCIL 01' 'l'IIE CITY 01' CIIULA VISTA
AMENDING aESOLOTION NO. 2018 TO AUTHORIZE Ta! PURCHASING
AGENT TO JOIN WITH THE STATE 01' CALIFORNIA, '!'HE CITY Oil
COUNTY.or SA!!. DIEGO~ TJIE CIIllLA .VISTA ItLEMEHTARY SCHOOL
DISTRICT,' THE SlIEE'l'WATER UNION HIGH SCHOOL DISTRICT, Tn
SAN DIEGO UNIFIED POM DISTRICT OR AllY OTHER PUBLIC OR .
. IIllNICIPAL AGENCY 0!'-''rJIII STATE'OI' CALIFORNIA IN OIlTAINING.
IIIDS FOR CEIlTAIR MATERIALS AND SUPPLIES 01' COMMON USAGE
Oil ENTERING IN'!'O' CONTRACTS, AIlI\ANGEMENTS' AND AGRDMENTS
FOR COOPERATIVE POIlCllASING PItOGIWIS
;';'
.,
.' . 'rhe ,CitI Council.of ~e City of Chub Viau doee bereby r..ol".
.. foll_.. .......--., _.... -. ,_.. .. - .., ..
.' .-: WllEIlEAS'; ~II" City c:buncil .... "'retofore by ".olut:J.on No. 2011, .
par.u.nt to Article 1 of Chapter 5 of Divi.ion 7 of Title 1 of ~e Govern-
....t Code of the Sute of C.liforni., .Mcll euthodu. public agancie.
to contrect with a.cll other to jointly .xerci.. e .-er comaon to ..id
contr.cting p.rtie., .uthoriz.d the Purella.ing Avent of the City of CIIula
Viet. to from time to time enter into evre.....nt. with the City of S.n
Diago, tile County of San Diego and the S.n Dievo OniUed School Diatrict
to obtain combined bid. fo; the purcll... of ~e .....ual or epecial require-
..nta of ..id governmenul bodie. for v.do... ud .undry ..teri.l., .
lupplie. and equipaant ,of <' ft u..;., and
~. ....-
WllEIlEAS, ..id purch..ing pr09r.... .. authorized by th. joint
uarche of .-er levialation ha. further bean approved by ~e Ci~y
council.of tile CitY'Qf Ch..l. vi.u pur.u.nt to Section 2.515 of the
01..1. Vi~~:,~i~~ Cod'!f ~d .
1lIIE1lEAS, it ia now dedred to ext.nd ~ authodty of ~
Purch..ing Avent. to go.v.~el)t.l aganci.. other ~ tho.e ....tion.d
111 .aid ...olution No;' 2011. - .
'1101I, 'l'llEUI'OIl!, ,--U rf DSOLVED by ~e City Council of th. City
of Chul. Vi.t. th.t tile Purch..ing Agent of the City of Chul. Vi.t. be,
~ he i. hereby authorized to .dvart:J..e when it i. fe..ible and de.ir.bl.
for common bid. covering th. requir...ent. of the sute of C.liforni., ~e
City or CoUnty of San Dievo, the Cllul. Vi.t. El....nt.ry School Dhtdct,
the SWeetw.ter union Bigll ScIIool Di.trict, ~e San Diego Unified Port
Diltrict or any other public oraunicip.l eveney, for pedod. of time
lOt to exc.ad one III year in duration or to join with .aid aganci.. in
their adverti.ing for bid. for ceruin ..t.riel. and .uppli.. or to
.._nd ~e award of contrect. by th. City Council to tho.e peraon. or
corpor.tion. who.. bid. ha". been accept.d by ..id egenci.., or. ~o enter
1IIto other fe..ible or de.irebla parch..ing pr09r... with ..id egancia..
BB IT ...u........R IlESOLVED ~et ~e joint exerciae of power. a.
authoriz.d by thi. re.olut:J.on .h.ll be~ .ff.ctive when and:if ~e
ltate of c.llforni., ~e City or County of .an Diego, ~ Chub Viau
Il...nt.ry .cllool Di.trict, ~ lV.etw.ter Union Bigh .cIIool Di.trict,
the San Diego Unifi.d Port Di.trict or anI other public or aunicip.l
19aney of tII. State of Californi. .h.ll f Ie with the Clerk of ~e Ioard
of Superviaore of the County of .... Diego ud the City Cl.rk of the City .
Of Chul. Vi.t. certifi.d ~pi.. of re.olution of their ra.pective legi.l.-
U.. bodie. authoriztnv ~ advert:J..ing for ud rac.ipt of combined bid.
U above indiceted.
U rr ...u........IlIlESOLVED ~t ~e authodty braiD conuiD.d &h.ll
.eff.ctiva until ra.cln4.d by till. City Counci~.
~~~.1t:~~j~~
Fhoruon, City _ger ' ; :. Geoige~. Li~~' ~to~
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AIlOP'1'ED AMD APPJlOIIED by the cur CODNClL of the CIn or CBlIL.
VIS'l'A, CALII'01lIIIA, t:hi. 10th day of
foI1llliug 'IPOte, to-vi t.
July
, 11 l!.., by tho
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Counc:J.Ja.n 'cott. BoNl. &aile_. lIYc5e. .......1
IIAYES .
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COUNTY or SAN DIEGO) ...
an or CBlILA VISTA )
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I, JIlIIIlU M. PllLASZ, City Cluk of the CJ. ty of Chula Vi.ta,
CaliforAia, DO DlIDY CBRl'II'Y that the above aIl4 foregoug 18 a full,
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true ADd corract oopy of
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CJ.ty Clerk
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COUNCn.. AGENDA STATEMENT
SUBl\Ul u;D BY:
Resolution J"}.J'rf Approving
Agreement for Transit Services
Director of Public Works ~
City Manage~ ~~
Item ~ 17
Meeting Dat.. 7.1it>l94 v{ ~/~"
Uniform Fare Structure
ITEM TITLE:
REVIEWED BY:
(4/5ths Vote: Yes_No_XJ
The Uniform Fare Structure Agreement incorporates three major cooperative functions among
area transit operators under Metropolitan Transit Development Board (MTDB) jurisdiction:
a cash fare structure; transfer procedures; and regional tickets and passes, including distribution
of revenue among operators. This agreement, which has been in effect since 1981, usually is
amended annually due to changes in cash fares or prices for regional passes. The FY 1994-95
agreement was approved by the MTD Board of Directors on June 23, 1994. The primary
changes to the agreement for FY 1994-95 are price increases for some regional passes. MTDB
requires participation in this agreement as a condition for receipt of Transportation
Development Act (TDA) funds in accordance with Section 99284 of the Public Utilities Code.
RECOMMENDATION: That Council adopt resolution approving Uniform Fare Structure
Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This agreement coordinates transit service for fixed route and dial-a-ride transit operators under
MTDB's jurisdiction receiving TDA Article 4.0 and 4.5 funds. Coordination functions include
transfers among operators, establishment and maintenance of a uniform fare structure, and
revenue distribution to operators from regional tickets and pass sales. The following fIXed
route operators participate in this agreement: County of San Diego Transit System (CTS);
MTDB contract operators; National City Transit (NCT); North County Transit District
(NCTD); San Diego Transit (SDT); San Diego Trolley (SDTI); and Chula Vista Transit (CVT).
The TDA Article 4.5 funded dial-a-ride operators, including Chula VISta HandYtrans, were
added to the agreement in FY 1992-93 to provide Complementary Paratransit Service for the
Article 4.0 funded fIXed route operators in compliance with the Americans with Disabilities Act
(ADA). ADA certifIed passengers may transfer between fIXed route and dial-a-ride services
by paying the appropriate fare as specifIed in the agreement. The fares differ depending on
the fIXed route system used and the distance traveled. -
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Page 2, Item IV
Meeting Date 7/26/94
The primary changes to the FY 1994-95 agreement are price increases of some monthly passes.
The reason for the increase is to raise revenue to cover part of the anticipated operator funding
shortfalls in the MTDB region in FY 1994-95. Most CVT riders who purchase monthly passes
use the following three types: Loca1/Urban Zone pass; SeniorlDisabled pass; and Youth pass.
These passes permit unlimited ridership on r~nal bus systems and the Trolley. The
Loca1/Urban Zone pass increased $1.00, fromS48!to $49; the SeniorlDisabled pass increased
$0.25, from $12 to $12.25; and the Youth pf~s mcreased $2.25, from $22 to $24.25. Cash
. fares remain the same, which on CVT ar,e: regular adult fare, $1.00; lenior/disabled fare,
... $0.75; youth fare $0.75; and special fare.,(lD Ro,ute 706n06A ("Downtowner"), $0,25.
, ,
. Participation in this agreement enhan coor~ination among various operators in the region,
resulting in better service to the pub' ,and ~ provides a mechanism for d' 'buting regional
pass revenues among operators. P s sales ;evenueis distributed among.6p tors based on
passenger boardings. For exampl , CVT dqVers record each passenger ~o oards a bus with
a pass. At the end of each mon total rev~ue from pass sales in theregio is divided among
operators based on each opera r's perceni share of total pass boar~gs. . .
, j ,
FISCAL IMPACT: CVT' share of retional pass sales reven~ in FY/1993-94 (f1Sca1Y~
ending June 30, 1994) is timated af.' $666,800, or appro~ately ,;50"10 of CVT~' to .
estimated fare revenue of ,327,090. &tafT estimates that CVT will rifeive at least,tIiis s e
per cent of regional pass jevenue in F~ 1994-95. if I /. t
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BG:File No.:DS.o19/DS.o3 i f
AUachment: Unifonn an: S1ructure ~t /
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RESOLUTION NO.
17f8".5'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING UNIFORM FARE STRUCTURE
AGREEMENT FOR TRANSIT SERVICES
WHEREAS, the Uniform Fare structure Agreement
incorporates three major cooperative functions among area transit
operators under MTDB jurisdiction: a cash fare struct\lre; transfer
procedures; and regional tickets and passes, including distribution
of revenue among operators; and
WHEREAS, this agreement is being modified effective July
1, 1994 primarily because of price increases for some regional
passes; and
WHEREAS, this agreement was approved by the MTD Board on
June 23, 1994 and participation in this agreement is a requirement
for receipt of Transportation Development (TDA) funds in accordance
with Section 99284 of the Public Utilities Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula Vista does hereby approve the Uniform Fare.
structure Agreement for Transit Services, a copy of which is on
file in the office of the city Clerk as Document No. (to be
completed by the City Clerk in the final document).
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
John P. Lippitt, Director
of Public Works
Bruce M. Boogaard, City
Attorney
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UNIFORM FARE STRUCTURE AGREEMENT
Approved as to Form:
Legal Counsel
City of Chula Vista
Date:
MTDB Dot. No. T0213.0-95
SRTP 875
CHULA VISTA HANDYTRANS
m\'u'~\
Ellal""aR af tile Blllll!l Mayor
City of Chula Vista
Date:
-30--1/,--5'
/7-s-
UNIFORM FARE STRUCTURE AGREEMENT
Approved as to Form:
Legal Counsel
City of Chula Vista
Date:
.
~\~\~
MTDB Doc. No. T0213.0-95
SRTP 875
CHULA VISTA TRANSIT
..&I..L.I....",,, vr LI,~ 8"",.." Mayor
City of Chula Vista
Date:
-J'~.. -h-.
-27- /, Y
/7-b
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MTDB Doc. No. T0218.0-95
SRIP 875
UNIFORM FARE STRUCTURE
AGREEMENT
SECTION 1: PURPOSE AND RESPONSIBILITY
1.1 Intent
This Agreement is entered into, between and among the transit operators
listed in Sections 1.1.1 and 1.1.2, the Senior/Disabled Dial-A-Ride
operators for Americans with Disabilities Act (ADA) Complementary
Paratransit Services listed in Section 1.1.3, the Metropolitan Transit
Development Board (MIDB), the North San Diego County Transit Development
Board (NSDCTDB), and the San Diego Association of Governments (SANDAG)
for the purpose of formalizing the Metropolitan Transit System (MTS)
Uniform Fare Structure. The Uniform Fare Structure is intended to
enhance public convenience and help the public understand that the
operators listed in Sections 1.1.1, 1.1.2, and 1.1.3 function as a
single unit.
1.1.1 Fixed-Route Ooerators
Chula Vista Transit (CYT)
County Transit System (CTS)
MTDB Contract Services (900 Series)
National City Transit (NCT)
North County Transit District !NCTD)
San Diego Transit Corporation SDIC)
San Diego Trolley, Incorporate (SDTI)
1.1.2 General Public Dial-A-Ride Ooerators
El Cajon Dial-A-Ride (CTS)
La Mesa Dial-A-Ride
Lemon Grove Dial-A-Ride (CTS)
San Diego Transit DART
Spring Valley Dial-A-Ride (CTS)
1.1.3 Senior and Disabled Dial-A-Ride Ooerators
Chula Vista Handy trans
National City WHEELS
City of San Diego Dial-A-Ride
CTS Senior and Disabled Services (for East County, South Bay,
and North City/Poway)
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1. 2 Backaround
1.2.1
1.2.2
1.2.3
1.2.4
In accordance with the requirements of Section 99282.5 of the
Public Utilities Code, the MTD Board of Directors and the SANDAG
Board of Directors adopted resolutions on June 23, 1980 and
July 21, 1980, respectively, establishing a Transfer Policy for
all operators receiving Article 4 Transportation Development Act
(TDA) funds in the HTDB and SANDAG jurisdictions. As a result
of these actions, a Master Transfer Agreement was originally.
executed between and among HTDB area operators and NCTD on
July I, 1981 and subsequently amended, as appropriate,
fulfilling the intent of coordinating transit service within the
region.
To further coordinate transit service, the Regional Ready Pass
Agreement was originally executed on July I, 1981 and renewed,
as appropriate, to provide for acceptance, administration,
sales, and revenue distribution of the regional Ready Pass.
A Uniform Fare Structure was also established in the HTDB area
in July 1981 providing for coordinated base fare levels for
Local, Urban, Express, and Dial-A-Ride services. In July 1988,
the Regional Ready Pass Agreement, the Master Transfer Agree-
ment, and agreements related to the acceptance, administration,
sale, and revenue distribution of $1.00 10-Pack/Sl.50 10-Pack
tickets and Day Tripper passes were formally incorporated into
the Uniform Fare Structure Agreement.
The ADA became federal law in July 1990. HTDB submitted an ADA
Complementary Paratransit Plan to the Federal Transit
Administration (FTA) in January 1992. The plan, signed by the
transit operators listed in Section 1.1.1 (except for NCTD),
sets forth the requirements and fare structure for the comple-
mentary paratransit services, to be operated by the Dial-A-Ride
services listed in Section 1.1.3. NCTD has submitted a separate
ADA Complementary Paratransit Plan to the FTA for its area of
jurisdiction.
1.3 Mutual Aareement
As a result of the background described in Section 1.2, it is mutually
agreed among all operators, HTDB, NSDCTDB, and SANDAG that this Uniform
Fare Structure Agreement is established, which incorporates a base fare
structure agreement, a transfer agreement, and a regional tickets and
passes agreement.
1.4 Resoonsibilitv for Maintenance of Aareement
Maintenance of this Agreement shall be the responsibility of each of the
operators and shall be a condition for continued receipt of TDA funds in
accordance with Section 99284 of the Public Utilities Code. Through
cooperative agreement, MTDB and SANDAG shall monitor the implementation
and maintenance of this Agreement.
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1. 5 1m!!
This Agreement shall become effective July I, 1994 and shall be in
effect until amended by MToB, SANoAG, and each of the operators. NCTo
may withdraw from this Agreement with ninety (90) days notice.
1. 6 Chanaes
Each op~ratar shall give MToB, in its area of jurisdiction, and SANDAG
sixty (60) days natic~, in writing, before a desired change to the
Agreement may be implemented. No change shall be made without the
consent of MToB, SANoAG, and each of the operators.
SECTION 2: DEFINITIONS
2.1 Service Definitions
The following definitians shall apply to MToB area operators only.
These definitions do not apply to NCTo:
2.1.1 local Service. Fixed-route bus service on local roads serving
neighborhood destinations and feeding transit centers in the
immediate area. NCT, CTS, CYT, and some MToB contract operators
operate local service.
2.1.2 Vrban Service. Moderate-speed, fixed-route bus service
primarily on arterial streets with frequent stops. SDTC and
some MTDB contract operators operate Urban service.
2.1.3 Exoress Service. Fixed-route bus service with stops only at
major transit centers, residential centers, and activity
centers, has more than six stops outside Centre City or at
collector end of route, generally travelling less than
50 percent of the one-way miles on freeways and averaging at
least 12 miles per hour, with an average trip length of
approximately 10.0 miles or under, and uses standard transit
buses. SDTC and some MToB contract operators operate Express
service.
2.1.4 Premium Exoress Service. Fixed-route bus service with stops
only at major transit centers, residential centers, and activity
centers, has more than six stops outside Centre City or at
collector end of route, generally travelling 50 percent or more
of the one-way trip miles on freeways, averaging at least
15 miles per hour, with an average passenger trip length of over
10.0 miles, and uses standard transit buses. SDTC and some
MToB contract operators operate Premium Express service.
2.1.5 Commuter EXDress Service. Fixed-route bus service with stops
only at major transit centers, residential centers, and activity
centers, generally travelling 50 percent or more of the one-way
trip miles on freeways, averaging at least 25 miles per hour
with an average passenger trip length of over 10.0 miles, and
uses commuter coaches. CTS operates Commuter Express service.
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2.1.6 Dia1-A-Ride Service. Service available to the general public
that does not operate over a fixed route. The service is
dispatched through telephone requests from patrons. E1 Cajon
Dia1-A-Ride (CTS), La Mesa Dia1-A-Ride, Lemon Grove Dia1-A-Ride
(CTS), San Diego Transit Direct Access to Regional Transit
(DART), and Spring Valley Dial-A-Ride (CTS) operate Dial-A-Ride
service.
2.1.7 Paratransit Service. Service limited to senior and disabled
passengers that does not operate over a fixed route. This
service is dispatched through telephone requests from patrons.
The Coordinated Transportation Service Agency (CTSA) oversees
such services.
2.1.8 ADA Como1ementarv Paratransit Service. Specialized curb-to-curb
transportation services provided to persons who qualify as
eligible for such services under the guidelines of the Americans
with Disabilities Act of 1990 and as specified in the MTDB
Regional ADA Complementary Paratransit Plan. Except for
commuter bus, commuter rail, or intercity rail systems, each
public entity operating a fixed-route system shall provide
paratransit or other special service to individuals with
disabilities that is comparable to the level of service provided
to individuals without disabilities who use the fixed-route
system.
2.1.9 Dedicated Transoortation Service. In relation to social service
agencies or other organizations, a dedicated transportation
service is defined as paratransit vehicle usage that is set
apart for and guaranteed to an agency for the transportation of
its eligible clients. The vehicle, for a particular time frame,
is for the definite use of these persons, and a ride is
unavailable to other eligible persons within the community.
2.1.10 Rural Service. Scheduled service operated in rural areas over
fixed routes. CTS-Rural operates Rural service.
2.1.11 Liaht Rail Service. Service provided by San Diego Trolley.
2.1.12 Soecial Service. Special services (such as the Stadium Bus)
operated by an individual operator. Special services are not
subject to the requirements of this agreement.
2.2 Passenaer Definitions
The following shall apply to MTDB area operators and NCTD to determine
eligibility for special fares.
2.2.1
Senior. Any person 60 years of age or older. Acceptable proof
of senior fare eligibility shall be a Medicare card, a valid
driver's license, a state of California senior identification
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2.2.2
2.2.3
2.2.4
2.2.5
2.2.6
2.2.7
.
card, an MTS identification card, or an NCTD identification
card. This definition applies to persons who seek to purchase
and/or use a Senior/Disabled monthly Ready Pass or
Senior/Disabled cash fare on fixed-route transit or trolley
services.
Disabled. Any person with a permanent mental or physical
disability. (NelD only: any person with a permanent or
temporary disability. An NCTD Temporary Disability Card is a
red card with an expiration date.) Acceptable proof of disabled
fare eligibility shall be an MTS identification card, Medicare
card, NCTD disabled identification card, state of California
Department of Motor Vehicles (DHV) disabled identification card,
or DMV placard identification card. This definition applies to
persons who seek to purchase and/or use a Senior/Disabled
monthly Ready Pass or Senior/Disabled cash fare for fixed-route
transit or trolley services.
HelDer. Any person designated by and travelling with a disabled
passenger in a wheelchair as their assistant.
Youth. Any person 6-18 years of age (inclusive). Acceptable
proof of youth fare eligibility in the HYDB area shall be an HYS
youth identification card, a valid driver's license, or current
school photo identification card (through high school only).
NCTD shall control youth pass eligibility at the point of
purchase and may ask for proof of eligibility from boarding
passengers.
Child. Any person age 5 or under.
Personal Care Attendant. In relation to the ADA complementary
paratransit service, a personal care attendant is a person who
is designated by the ADA eligible passenger to aid in their
mobility. The person may be a friend, family member, or paid
employee. A personal care attendant is not charged a fare on
the ADA complementary paratransit service vehicle on which the
attendant accompanies the ADA eligible passenger, but may be
charged on non-ADA services. The need for and use of a personal
care attendant must be indicated at the time of ADA eligibility
certification.
Sworn Peace Officer. As defined in HYDB Policies and Procedures
No. 41, "MTS: Complimentary Services," sworn peace officers
will be allowed to ride on regularly scheduled HYS bus and
trolley routes without charge. This does not apply to NCTD or
to CTS Commuter Express service.
2.3 Other Definitions
2.3.1 BYl. Transit vehicle operated by CYT, SDTC, CTS, NCT, HTDB
contract operators, and NCTD.
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2.3.2
2.3.3.
2.3.4
2.3.5
2.3.6
2.3.7
Trollev. Light rail transit vehicle operated by SoTI.
Centre Citv San oieao. That portion of ~owntown San Diego
bordered by Laurel Street to Interstate 5 (1-5) on the north,
Commercial Street to 1-5 on the south, 1-5 on the east, and the
waterfront on the west.
Station. That fixed site at which the San Diego Trolley stops
to load and unload passengers. The stops within Centre City .
San Diego are considered one station.
Zone(s~. For bus service, geographical areas are defined by
fixed oundaries within which particular fares are estab1ished.
Zone 1 is the central urbanized area of the San Diego region
bounded by the Mexican border to the south, the MToB area of
jurisdiction limit to the east, the waterfront on the west, and
extending north along Interstate 5 (1-5) to just south of
Carmel Valley Road and north along interstate IS (I-IS) to
Los Penasquitos Canyon (Mercy Road). Zone 2 extends from the
Zone 1 northern boundaries north to Manchester Street along 1-5,
and north to Lake Hodges/Pomerado/Highland Valley Road along
I-IS. Zone 3 extends from the Zone 2 northern boundaries north
to Batiquitos Lagoon along 1-5, and north to Bear Valley Parkway
along I-IS. Zone 4 consjsts of everything within the MToB area
of jurisdiction north of the Zone 3 northern boundary. The
above zone definitions do not apply to NCTD. For trolley
service, a zone is the number of stations from the station of
boarding that a person may travel for a particular fare. For
ADA complementary paratransit service, a zone is the
geographical area defined by fixed boundaries within which
particular fares are established. The boundaries for the zones
are determined by each of contracting agencies for the local
operator of the paratransit service.
Transfers. The actions by passengers in which they leave one
bus, trolley, or dial-a-ride service and board a subsequent bus,
trolley, or dial-a-ride service to complete their trips.
UDorade. An additional fare required to enhance the value of an
original fare (upon transfer) or a pass to travel on a higher
fare bus, trolley, or dial-a-ride service.
SECTION 3: REGIONAL BASE CASH FARES
3.1 SCODe
This section shall cover base fare levels for MTDB area fixed-route
operators. This section does not apply to NCTo.
3.2 Cash Fare Levels
3.2.1 Local route cash fares shall be $1.00.
3.2.2 Urban route cash fares shall be $1.50.
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3.2.3 Express, Premium Express, and Commuter Express route cash fares
shall be as follows:
Express Zone 1 . $1.75
Express Zone 2 . $2.00
Premium Express Zone 1 . 52.00
Premium Express Zone 2 . $2.25
Commuter Express Zone 2 . $2.50
Commuter Express Zone 3 . $2.75
Commuter Express Zonp. 4 . $3.00
Zones shall correspond to bus zones as defined in Section 2.3.5
of this agreement and as shown in Attachment A (map).
3.2.4 San Diego Trolley one-way cash fares shall be as follows and as
detailed in Attachment B.
Centre City
1 Station
2 Stations
3 Stations
4-7 Stations
8-28+ Stations
. $1.00.
. $1.00
. $1.00
. $1. 50
. $1.50
. $1. 75
3.2.6
3.2.7
3.2.8
.Centre City cash fare allows unlimited rides within Centre City
(i.e., round trips) within a two-hour period.
Senior/Disabled. cash fares on all routes shall be 75 cents.
There shall be no zone charges associated with Senior/Disabled
cash fares.
Helper cash fares on all routes shall be 75 cents.
There is no regional youth cash fare.
Children (5 years and under) ride free when accompanied by a
fare-paying passenger. The number of children allowed to ride
free will be determined by the individual operators.
3.2.5
3.3 Soecial or Individual ODe rat or Fares
3.3.1 CTS, NCT, and CYT may set youth cash fares of 75 cents. Proof
of eligibility for a youth cash fare (as specified in
Section 2.2.4) shall be required.
3.3.2 Individual operators may set cash fares for special services
such as stadium buses, shuttles, and promotional services. All
operators will notify Regional Transit Information and other
operators of any promotions put into effect.
3.3.3 CTS may set cash fares for the CTS Rural services.
3.3.4 Dial-A-Ride operators may set individual cash fares for
Dial-A-Ride services.
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3.3.5 ADA Complementary Paratransit Service fares in the MToB area of
jurisdiction are set in relation to fixed-route services. In
compliance with the ADA requirements, the one-way fares for ADA
complementary paratransit services are set at double the fares
for comparable fixed-route services. Attachment C specifies the
ADA local zone fares, and Attachment 0 the ADA regional fares.
Within the ADA guidelines, the senior and disabled dial-a-ride
operators listed in Section 1.1.3 will retain local flexibility
to establish fares for social service agencies that purchase .
dedicated transportation for their clients. This section does
not apply to NCTo.
SECTION 4: REGIONAL TRANSFERS
4.1 Scooe
This section shall cover transfers between all Article 4 General Public
oial-A-Ride operators, Article 4.5 ADA and Senior/Disabled oial-A-Ride
operators, SoTI, and NCTo. It shall also define a policy for
participation in the regional transfer system by other transit
providers. And, it shall provide transfer policy guidelines between
fixed-route bus service and ADA complementary paratransit services.
4.2 Transfer Slios
4.2.1 Bus and oial-A-Ride Transfer SliD Soecifications
4.2.1a
4.2.1b
The paper transfer slip issued by each bus and
dial-a-ride operator within the MToB area of
jurisdiction shall include the following information:
o designation of service type (Local or
Urban/Express);
o the cash fare paid;
o the route number or, for dial-a-rides, the oper-
ator of the issuing vehicle;
o the direction of travel of the issuing vehicle;
and
o the date and time of day the transfer expires.
The transfer slip issued by NCTD's automated transfer
slip system for use within its area of jurisdiction
shall include the following information:
o route number;
o issue date;
o time of issue; and
o time of expiration.
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All paper transfers issued in the MTDB area (including
transfers issued by dial-a-ride operators) shall be
punched or cut, as appropriate, by the driver. In the
MlDB area, drivers shall use a unique transit
hole-punch.
MTDB shall be responsible for printing these paper
transfers in the MlDB area. NClD shall be responsible
for printing transfers in the North County area. .
4.2.2 Trollev Sinale-Ride Tickets as Valid Transfer SliDS
San Diego Trolley single-ride tickets shall be valid as transfer
slips and shall include the following information:
o cash value of the trip for which the ticket is valid;
o station of boarding;
o the time the ticket expires; and
o the date the ticket was issued.
4.2.1c
4.2.1d
4.2.3 Soecial Transfers
Ready 2 tickets and 10-Pack tickets (for $1.50, $1.75, $2.50,
$2.75*, and $3.00 fares) validated by SDTI vendomats shall be
valid transfers up to the time of expiration stamped on the
ticket.
*
$2.75 10-Pack tickets to be phased out in December 1994.
4.3 Transfer Charaes
These transfer charges will apply to transfers between and among MTDB
area operators, and between NCTD and each other operator. For the
eurposes of this agreement, NCTD service shall be deemed equal to $1.50
Urban" service. These transfer charges will not apply to transfers
within NCTD.
4.3.1 Transfer Uoarades
4.3.1.a
;
4.3.1b
Transfer slips shall only be issued when a cash fare
is paid or a 10-Pack ticket is relinquished.
Passengers with a valid transfer slip may transfer to
a bus or trolley with an equal or lower cash fare
value free of charge. Passengers with a valid
transfer slip must pay the difference between the
lower and higher cash fare in 25-cent increments when
transferring to a bus or trolley with a higher cash
fare value. Transfer upgrades range from $0.25 to
$2.00 and are detailed in Attachment E.
There shall be no transfer upgrade charges on fixed-
route services for senior or disabled passengers.
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4.3.1c
4.3.1d
4.3.1e
Transfers made from a bus or trolley to a dial-a-ride
service listed in Section 1.1.2 of this Agreement
(excluding DART) will require a 50-cent upgrade fare
regardless of the cash base fares charged on either
service. NCTD shall determine its areas fare upgrade
regulations.
There are no transfer privileges between dial-a-ride
services listed in Section 1.1.2 of this Agreement.. A
full fare is required upon each boarding.
ADA-eligible passengers with a valid transfer slip
from an ADA complementary paratransit service vehicle
may transfer to a bus or trolley without the payment
of a transfer upgrade charge. There will be a payment
of a transfer upgrade required from a bus or trolley
to an ADA complementary paratransit service. An
eligible passenger is a person with a disability who
has been certified as eligible under the Americans
with Disabilities Act of 1990 and the MTDB Regional
ADA Complementary Paratransit Plan. This does not
apply to NCTD.
4.4 Transfer Time
Transfer slips issued from MTDB area buses shall be valid within the
MTDB area until the date and time indicated on the transfer slip
(sixty [60] minutes from the terminal time of the route from which the
transfer slip is issued). NCTD shall set its own time policy for
accepting transfer slips issued from MTDB area buses. Transfer slips
issued from NCTD area buses and used to transfer to MTDB area services
shall be valid for two hours from the time of issue (as shown on the
transfer slip). Transfer slips issued from ADA complementary
paratransit service vehicles shall be valid until the date and time
indicated on the transfer slip (the time indicated shall be two hours
from the time of drop off by the ADA paratransit vehicle, to the nearest
half hour). Passengers may exchange 10-Pack tickets for a valid
transfer upon boarding the bus. Single-ride and multi-ride trolley
tickets shall be valid as transfer slips until the date and time
indicated on the ticket (two hours from the time of purchase or
validation). No transfer slips shall be issued when a monthly or daily
pass (as described in Section 5 of this Agreement) is presented.
Transfer slips issued in exchange for a previously issued transfer slip
shall be punched or cut by the driver to be valid only until the time
remaining on the original transfer slip, unless an upgrade is paid. If
an upgrade is paid (defined in Section 2.3.7 as an additional fare
required to enhance the value of an original fare (upon transfer) or a
pass to travel on a higher fare bus, trolley, or dial-a-ride service),
the passenger travelling on the higher value service may be issued a new
transfer slip with additional time as stated in the first sentence of
Section 4.4.
-10- It. ./t
/7-/6
4.5 Transfer Directional Restrictions
Passengers with a valid transfer slip (as defined in Sections 4.2,
4.3, and 4.4) may not make a return trip on the route, or on any route
on the same printed public timetable from which the transfer slip was
issued. Stopovers (reboarding the same route in the same direction) is
allowed (except on NCTD services) and there are no other directional
restrictions on transfers.
4.6 Transfer Centers and Points
Timetable coordination shall be established at the points shown on
Attachment F throughout the MTDB area of jurisdiction between and among
all operators and for as many routes as possible. A transfer shall be
considered time-coordinated if the scheduled meet is within six minutes.
4.7 Particioation in Transfer Svstem
The policy for participation in the regional transfer system in the MTDB
area (as defined in Sections 4.1, 4.2, 4.3, 4.4, 4.5, and 4.6) by
transit providers other than those included in Sections 1.1.1, 1.1.2,
and 1.1.3 shall be as follows:
4.7.2
Private operators participating in the regional transfer system
must operate a fixed route and fixed, published schedule.
Operators must serve an area or need not currently served by an
existing MTDB area operator.
Any publicly subsidized operator should be incorporated into the
regional transfer system to the extent feasible and practical.
4.7.1
4.7.3
4.8 ~DA Comolementarv Paratransit Service Transfer Considerations
Under the guidelines of the Americans with Disabilities Act of 1990,
transfers between fixed-route bus and trolley services can take place at
bus stop and station locations of choice of the ADA service passenger.
As long as the ADA passenger can board and/or deboard at a chosen stop
or station location, (i.e., the wheelchair lift can be deployed) there
are no restrictions as to where the passenger may transfer. Providers
may suggest, but cannot require, that transfers between fixed-route
services and the ADA paratransit services take place at the major
transfer locations as shown in Attachment G.
The fare upgrade (from the fixed-route bus or trolley to the ADA
paratransit service) will only be paid on the ADA paratransit service
vehicle, not on the fixed-route vehicle. This is an exception to the
MTDB policy to allow passengers to pay transfer fares on the first or
second vehicle
A transfer received upon any fare payment on a fixed-route vehicle will
be worth a maximum of 75 cents toward the payment of the fare upgrade on
the ADA complementary paratransit vehicle.
-11- ~17
I '7 -/7
A $12.25 Senior/Disabled Ready Pass or any other higher value pass used
to board a fixed-route vehicle will be worth 75 cents toward the payment
of the fare upgrade on the ADA complementary paratransit vehicle.
No 10-Pack tickets, Day Trippers, tokens, or other prepaid fare media,
as described within this Agreement, will be accepted as fare on the ADA
paratransit service vehicle.
The above considerations do not apply to NCTD.
Transfers between NCTD lift service and MTDB complementary paratransit
services are allowed. For ADA services, a transfer slip issued from
NCTD lift service shall be valued at $3.00 (double the $1.50 value as
established in Section 4.3)
SECTION 5: PASSES AND TICKETS
This section shall apply to fixed-route bus and trolley operators and DART
services only. General public and senior/disabled dial-a-ride operators do
not accept regional passes.
5.1.1
5.1 Rea;onal Monthly Pass
5.1.2
5.1.3
5.1.4
Adult Monthlv Passes. The crice of a regional adult monthly
pass (Ready Pass) shall be ased on service type and zones.
Local and Urban 20ne 1 passes shall be $49. Express Zone 1 and
San Diego Trolley passes shall be $49. Express Zone 2 and
Premium Express Zone 1 passes shall be $54. Premium Express
Zone 2 passes shall be $59. Commuter Express Zone 2 passes
shall be $62. Commuter Express Zone 3 passes shall be $67.
Commuter Express Zone 4 passes shall be $72. The adult monthly
pass shall entitle the person to whom the pass is issued to
unlimited rides during the month for which the pass is
designated on any equal or lower priced regularly scheduled
services. Half-priced monthly passes shall be sold beginning
the 15th day of each month at The Transit Store and Pass-by-Mail
only.
Senior/Disabled Monthlv Passes. The price of a regional senior/
disabled monthly pass is $12.25 and shall entitle the senior or
disabled passenger to unlimited trips during the month for which
the pass is designated on any regularly scheduled services.
Half-priced monthly passes shall be sold beginning the 15th day
of each month at The Transit Store and Pass-by-Mail only.
Youth Monthlv Passes. The price of a youth monthly pass is
$24.50 and shall entitle the youth passenger to unlimited trips
during the month for which the pass is designated on any
regularly scheduled services. Half-priced montbly passes shall
be sold beginning the 15th day of each month at.The Transit
Store and Pass-by-Mail only.
Centre Citv San DieDo Passei. The Centre City San Diego-only
monthly pass shall be available to the general public. The
Centre City pass shall entitle the passholder to unlimited trips
-12- /t,-)~
17-/~
.
during the month for which the pass is designated, on any
regularly scheduled services provided within Centre City
San Diego (as defined in Section 2.3.3) by San Diego Trolley
only. The price of the Centre City San Diego pass shall be
S24.50. MTS AutoPark monthly parking permit holders shall
receive a 50 percent discount on the pass (discount to be
subsidized by the Regional Building Authority).
5.2 Soeclal Reaional Passes
5.2.2
Dav Passes-General Public. The price of a one-day (1 Day
Tripper) pass is S5 and the price of a four-day (4 Day Tripper)
pass is S15, and shall entitle the person to whom the pass is
issued to unlimited rides during the day(s) for which the pass
is valid on any regularly scheduled services provided by those
operators listed in Section 1.1.1 and the San Diego Bay Ferry.
Multi-Dav Passes-Grouo Advance Sales. Multi-day passes, valid
for one to seven days, may be issued to groups only on an
advance sales basis only. The price of multi-day, group advance
sales passes shall be as follows:
5.2.1
one-day pass . S4
two-day pass . S6
three-day pass. S8
four-day pass . S10
five-day pass . S12
six-day pass . S14
seven-day pass . S16
The multi-day (Day Tripper) pass shall entitle the person to
whom the pass is issued unlimited rides during the corresponding
number of consecutive days for which the pass is valid on any
regularly scheduled services provided by those operators
identified in Section 1.1.1 and the San Diego Bay Ferry.
Special events passes may be purchased in bulk in advance at
discounted rates as follows:
100-499 passes . Full price per pass
500-999 passes . 5 percent discount per pass
1,000-1,999 passes. 10 percent discount per pass
2,000-2,999 passes. 15 percent discount per pass
3,000+ passes . 20 percent discount per pass
5.2.3 Classroom Dav Triooer. Classroom Day Trippers are valid for
one day during non-peak hours between 9 a.m. and 3 p.m. on
weekdays or anytime on weekends. Classroom Day Trippers may be
issued to school and youth groups (up to 18 years of age) on an
advance sales basis only. Groups must be able to travel with a
maximum of 17 people (a minimum of two adult chaperons for a
group of 15 youths) per group, depending on bus or trolley route
capacity. The price of Classroom Day Trippers shall be SI.25
per person, and each passenger shall be issued a separate
ticket. The Classroom Day Tripper shall entitle the person to
-13- II, -/9
'7- '1
whom the pass is issued to unlimited rides during the day for
which the pass is valid, within the prescribed hours, on any
regularly scheduled services provided by those operators listed
in Section 1.1.1 and the San Diego Bay Ferry. Revenue for the
Classroom Day Trippers is allocated to individual operators on a
trip-by-trip basis, split according to the trip itinerary estab-
lished by the purchaser of the Classroom Day Tripper.
5.3 Regional Tickets
5.3.1 . The price of a
bus/trolley la-Ride ticket book $1.50 la-Pack is $14 and shall
entitle the person to whom the t cket book is issued to ten (10)
trips of up to $1.50 cash fare value per trip on any regularly
scheduled services. For a trip on the trolley, the ticket must
be validated in the trolley ticket machine before boarding.
5.3.2 . The price of a
bus/trolley la-Ride ticket book $1.75 la-Pack is $17 and shall
entitle the person to whom the t cket book is issued to ten (10)
trips of up to $1.75 cash fare value per trip on any regularly
scheduled services. For a trip on the trolley, the ticket must
be validated in the trolley ticket machine before boarding.
5.3.3 - - . The price of a
bus/trolley la-Ride ticket book ($2.50 la-Pack is $22.50 and
shall entitle the person to whom the ticket book is issued to
ten (10) trips of up to $2.50 cash fare value per trip on any
regularly scheduled services. For a trip on the trolley, the
ticket must be validated in the trolley ticket machine before
boarding.
5.3.4 * Bus/Trollev la-Ride Ticket Book ~S2.75 la-Pack). The price of a
bus/trolley la-Ride ticket book $2.75 la-Pack) is $25 and shall
entitle the person to whom the ticket book is issued to ten (10)
trips of up to $2.75 cash fare value per trip on any regularly
scheduled services. For a trip on the trolley, the ticket must
be validated in the trolley ticket machine before boarding.
* The $2.75 la-Pack will be phased out in December 1994.
5.3.5 . The price of a
bus/trolley la-Ride ticket book $3 la-Pack is $27 and shall
entitle the person to whom the t cket book is issued to ten (10)
trips of up to $3 cash fare value per trip on any regularly
scheduled services. For a trip on the trolley, the ticket must
be validated in the trolley ticket machine before boarding.
-14- -I~ ~.2...(j)
/7-c2 0
SECTION 6: REGIONAL MONTHLY PASS UPGRADES
6.1 Adult Pass Uoorades
Passengers holding a valid adult monthly pass must pay a cash upgrade
to ride services that require a higher value pass as defined in
Section 5.1.1. Pass upgrades range from $0.25 to $1.25 in 25-cent
increments based upon the difference in cash fares associated with each
pass. Attachment H details the pass upgrade ch&rges.
6.2 Senior/Disabled and Youth Pass Uoorades
There shall be no cash upgrades required on Senior/Disabled and Youth
monthly passes for travel on any regularly scheduled services provided
by those operators listed in Section 1.1.1 of this Agreement (except CTS
Rural services - see Section 6.3).
6.3 Senior/Disabled Pass ADA Uoorades
There shall be a cash upgrade required on a Senior/Disabled pass, or any
other higher value pass, if an eligible passenger transfers to an ADA
complementary paratransit service vehicle. This cash upgrade will be
the difference between the 75-cent ride value of the Senior/Disabled
pass and the ADA complementary paratransit fares, ranging from $2 to $4
per one-way trip. The cash upgrade will only be paid on the ADA
complementary paratransit service vehicle. This section does not apply
to NCTD.
6.4 CTS Rural Services
All passes, including Senior/Disabled and Youth passes, shall have a
$1.50 cash value when boarding or transferring to CTS Rural services.
SECTION 7: REGIONAL TICKET AND PASS ADMINISTRATION
7.1 Scooe
This section shall cover the administration of printing, sales,
boarding counts, revenue collection, and revenue allocation for
Regular, Senior/Disabled, Youth, Day Tripper, and Centre City passes
and all la-Pack tickets. This section does not apply to general public
or senior/disabled dial-a-ride operators.
7.2 SANDAG Resoonsibilities
7.2.1 SANDAG shall ensure that each operator submits Ready Pass
boarding counts by category (Adult (all zones combined), Senior/
Disabled, and Youth) and all la-Pack ticket counts (by ticket
type) to SANDAG on a monthly basis, using the form shown in
Attachment I. In addition, SANDAG shall ensure that those
-15-1f~~( .
7.2.2
7.2.3
7.2.4
7.2.5
7.2.6
operators operating Express, Premium Express, and Commuter
Express routes submit pass-boarding counts by route. SANDAG
shall also ensure that appropriate operators submit transfer
upgrade activity counts on Attachment I.
SANDAG shall determine the proportion of revenues from Adult
Ready Pass sales to be allocated to each operator on a
countywide basis in accordance with the formula shown in
Attachment J.
SANDAG shali determine the proportion of revenues from
Senior/Disabled and Youth Ready Pass sales to be allocated to
each operator on a countywide basis in accordance with the
formula shown in Attachment K.
SANDAG shall determine the proportion of revenues from
all IO-Pack ticket sales to be allocated to each operator on a
countywide basis in accordance with the formula shown in
Attachment l.
SANDAG shall submit the Ready Pass summary counts and allocation
percentages by category (Adult, Senior/Disabled, and Youth) and
all pass level and all IO-Pack ticket counts (by type) for each
operator to MTDB, instructing MTDB to disburse the Ready Pass,
Day Tripper, and IO-Pack sales revenue collected to the various
operators in accordance with the calculated percentages. SANDAG
shall submit said percentages and counts for the previous month
to MTDB by the 25th day of the month following.
SANDAG shall prepare a yearly summary of Ready Pass and all
IO-Pack ticket riders (by operator).
7.3.1
7.3 MTDB Resoonsibilities
7.3.2
7.3.3
7.3.4
MTDB shall fund and administer the design and printing of
regional passes and tickets.
MTDB shall fund the regional prepaid fare program encompassing
the distribution and sales reconciliation of Ready Passes (for
Adult by price, Senior{Disabled, and Youth), Day Tripper passes,
Centre City passes, al IO-Pack tickets, pass-by-mail program,
and for San Diego Trolley, Ready 2 tickets, as well as a pass
sales effort directed at major employers. A Pass Sales
Administrator, employed by MTDB, will be the coordinator of this
fare program.
MTDB shall prepare a monthly summary of Ready Pass (by category
and price), Day Tripper pass, Centre City pass, all IO-Pack, and
Ready 2 sales and net sales revenue, and shall submit a copy of
this summary to each operator (net sales revenue is the gross
revenue minus commissions to sales outlets).
MTDB shall determine the Day Tripper pass sales revenue to be
allocated to each operator based on the percentages of regional
Adult Ready Pass sales as determined by SANDAG. An allocation
of 1.5 percent of the Day Tripper revenue shall be allocated to
-16- jfi,#~;2.
17 -.,2 -<
7.3.5
7.3.6
7.3.7
7.3.8
7.3.9
7.3.11
,
the San Diego Bay Ferry prior to the remaining 98.5 percent.
allocated to the other operators that accept the Day Tripper.
MTDB shall determine the proportion of TransNet Local
Transportation Sales Tax subsidy to be allocated to each MTDB-
area operator for Senior/Disabled and Youth passes based on the
formula shown in Attachment M.
MTDB shall prepare a monthly summary of TransNet Local
Transportation Sales Tax subsidies for Senior/Disabled and Youth
passes or any other local jurisdiction subsidy by the end of the
month.
MTDB shall prepare a monthly summary of regional Ready Pass
(for Adult by price, Senior/Disabled, and Youth), Day Tripper
pass, Centre City pass, all 10-Packs, and Ready 2 revenue
distribution, including subsidies, and shall submit a copy of
these data and the SANDAG summary counts and allocation
percentages (Section 7.2.5) to each operator and to SANDAG, when
issuing checks as described in Section 7.3.9.
MTDB shall keep a separate fund for all pass and ticket sales
revenues received, to include interest accrued on monies
contained in such fund.
MTDB shall issue a check monthly to each operator for its
portion of Adult (Ready) pass, Senior/Disabled pass, Youth pass,
Day Tripper pass, Centre City pass, all 10-Pack tickets, and
Ready 2 net sales revenues, TransNet Local Transportation Tax
subsidy (MTDB area operators only), and proportionate accrued
interest which exceeds MTDB costs for Pass Sales Administrator
compensation in accordance with instructions from SANDAG. (The
pass and ticket revenue check shall reflect the net amount to be
received by each operator after adjustment is made to allocate
transfer fares paid on first vehicles as described in
Attachment t.) Checks for a particular month's revenues shall
be issued for all funds received by MTDB during the previous
month. These checks shall be issued within five (5) working
days from MTDB's receipt of the SANDAG report as referenced in
Section 7.2.6. A reconciling report shall be sent to each
operator showing which month the money is from and any adjust-
ments (e.g., bad checks, theft, error).
MTDB shall bill local jurisdictions monthly for any subsidy
payments that may result from a reduced price monthly pass
program established by that jurisdiction and apportion such
revenue to the appropriate operators.
7.4 Ooerator ResDonsibilities
7.4.1 Each operator shall count pass riders (by category: Adult (all
zones combined), Senior/Disabled, and Youth) and 10-Pack ticket
riders (by type). Operators shall count other prepaid fare
media (Day Trippers, Classroom Day Trippers) as feasible, based
on current farebox technology in use. Those operators operating
Express, Premium Express, and Commuter Express routes shall
-17-
~
17-.23.
7.4.2
7.4.3
NBF:nbf:jy
A-UFSA95.NBF
6/27/94
Attachments: A.
B.
C.
D.
E.
F.
G.
H.
1.
J.
K.
L.
M.
count pass boardings by route for Express, Premium Express, and
Commuter Express services. Buses shall be equipped to permit
operators to maintain a daily count of each category and type of
rider. A record of daily counts shall be maintained and kept on
file for a one-year period. Such record shall be made available
to SANDAG at its request. For the purpose of IO-Pack ticket
revenue allocation, the IO-pack tickets shall be counted as
follow:
o A IO-Pack ticket, received for fare payment, that has been
validated by a San Diego Trolley vendomat is counted as a
transfer.
o A IO-Pack ticket, received for fare payment, that has not
been validated by a San Diego Trolley vendomat is counted as
a IO-Pack ticket for revenue allocation.
Daily pass and IO-Pack ticket usage on the San Diego Trolley
shall be determined on a sampling basis as prescribed by SANDAG.
Each operator shall prepare a monthly summary of pass riders (by
category and route, where applicable) and all IO-Pack ticket
riders (by type) using the form in Attachment I and submit the
previous month's summary to SANDAG by the 23rd day of the month
following.
Each operator shall permit SANDAG to be the arbiter in case of
any questions on pass counts and SANDAG shall justify its
decision to operator(s) in question.
Express Bus Zones, Routes, and Fares
San Diego Trolley Zone Fares
ADA Complementary Paratransit Local Fares
ADA Complementary Paratransit Regional Fares
Transfer Upgrades
Transit Centers and Points
Paratransit Transfer Sites
Pass Upgrades
Regional Pass, Ticket, and Transfer Upgrade Usage
Adult Pass Revenue Allocation Formula
Senior/Disabled and Youth Pass Revenue Allocation Formula
Revenue Allocation Procedure for IO-Pack Tickets
TransNet Pass Subsidy Allocation Procedure
-18- /J,JI
00;::, -
17...e. ~
UNIFORM FARE STRUCTURE AGREEMENT
Approved as to Form:
:e~era 1 c~:n~ -><- / ::>
Date:
LiJ/Zq Iq~
MTDB Doc. No. T0213.0-95
SRTP 875
METROPOLITAN TRANSIT DEVELOPMENT
BOARD
~~.~
enera anager
Date:
6/...... Ie,,,",
.
17,,2 5
,..
-19-_ J~ ":1.5-
,
UNIFORM FARE STRUCTURE AGREEMENT
Approved as to Form:
legal Counsel
Date:
;
-20-
MTDB Doc. No. T0213.0-95
SRTP 875
SAN DIEGO ASSOCIATION OF
GOVERNMENTS
ExecutIve 01rector
Date:
17-~ -b
/J, ,. .2 ~
.
UNIFORM FARE STRUCTURE AGREEMENT MTDB Doc. No. T0213.0-95
SRTP 875
Approved as to Form: CITY OF LA MESA DIAL-A-RIDE
City Attorney Mayor, City of La Mesa
Date: Date:
-21- /;, -.) ?
17.27
UNIFORM FARE STRUCTURE AGREEMENT
Approved as to Form:
Legal Counsel
North San Diego County
Transit Development Board
Date:
HTDB Doc. No. T0213.0-95
SRTP 875
NORTH SAN DIEGO COUNTY TRANSIT
DEVELOPMENT BOARD
Chairman of the Board
North San Diego County
Transit Development Board
Date:
-22- -)Ii-.~
r7-!27
UNIFORM FARE STRUCTURE AGREEMENT
Approved as to Form:
...... '---")./ ;J
Lega 1 counse-:--
San Diego Transit Corporation
Date:
;
MTDB Doc. No. T0213.0-95
SRTP 875
SAN DIEGO TRANSIT CORPORATION
Secretary Of the Board
San Diego Transit Corporation
Date:
-23- -h-.r:t.1"
1).21
UNIFORM FARE STRUCTURE AGREEMENT
Approved as to Form:
"'-- Le~al co:~ ":>--,
San Oiego Trolley, Inc.
~
--'
Date:
MTDB Doc. No. T0213.0-95
. SRTP 875
SAN DIEGO TROLLEY, INC.
Chairman of the Board
San Diego Trolley, Inc.
Date:
-24-~ /6''' ..:ft?
/7-..30
UNIFORM FARE STRUCTURE AGREEMENT
Approved as to Form:
Legal Counsel
Date:
-25-
,
MTDB Doc. No. T0213.0-95
. SRTP 875
COUNTY TRANSIT SYSTEM
Clerk of the Board
County of San Diego
Board of Supervisors
Date:
Jt :J '
r I
17.3)
UNIFORM FARE STRUCTURE AGREEMENT MTDB Doc. No. T0213.0-95
SRTP 875
Approved as to Form: NATIONAL CITY TRANSIT
City Attorney City Manager
Date: Date:
-26- Ii .J~
17~.3 L
UNIFORM FARE STRUCTURE AGREEMENT MTDB Doc. No. T0213.0-95
SRTP 875
Approved as to Form: CHULA VISTA TRANSIT
Legal Counsel Chairman of the Board
City of Chula Vista City of Chula Vista
Date: Date:
/7-33
-27- I~' :11
UNIFORM FARE STRUCTURE AGREEMENT
Approved as to Form:
Legal Counsel
Date:
MTDB Doc. No. T0213.0-95
SRTP 875
EL CAJON DIAL-A-RIDE
Clerk of the Board
County of San Diego
Board of Supervisors
Date:
-28- J~ JL/
7 ...
/7- 3~
.
UNIFORM FARE STRUCTURE AGREEMENT MTDB Doc. No. T0213.0-95
SRTP 875
Approved as to Form: lEMON GROVE DIAl-A-RIDE
lega 1 Counse 1 C1 erk of the Board
County of San Diego
Board of Supervisors
Date: Date:
,.
-29- -I,...JJ-
17.35
UNIFORM FARE STRUCTURE AGREEMENT
Approved as to Form:
Legal Counsel
City of Chula Vista
Date:
MTDB Doc. No. T0213.0-95
.. SRTP 875
CHULA VISTA HANDYTRANS
Chairman of the Board
City of Chula Vista
Date:
-30- It.;tt
,7 -s-6
UNIFORM FARE STRUCTURE AGREEMENT MTDB Doc. No. T0213.0-95
SRTP 875
Approved as to Form: NATIONAL CITY WHEELS
City Attorney City Manager
Date: Date:
-31- r/~'.17
/7.....17
UNIFORM FARE STRUCTURE AGREEMENT
Approved as to Form:
Legal Counsel
Date:
-32-
"TDB Doc. No. 10213.0-95
SRTP 875
COUNTY TRANSIT SYSTEM
(Senior and Disabled Services)
Clerk of the Board
County of San Diego
Board of Supervisors
Date:
-It, .:l t?-
17~.3%
UNIFORM FARE STRUCTURE AGREEMENT
Approved as to Form:
legal Counsel
Date:
,
MTDB Doc. No. T0213.0-95
SRTP 875
CITY OF SAN DIEGO DIAl-A-RIDE
Director
Parks and Recreation
Date:
-33- -/~.. jf
17 - g i
UNIFORM FARE STRUCTURE AGREEMENT
Approved as to Form:
Legal Counsel
San Diego Transit Corporation
Date:
:
HTDB Doc. No. T0213.0-95
SRTP 875
SAN DIEGO TRANSIT DART
Secretary of the Board
San Diego Transit Corporation
Date:
-34- -I~ ",y ()
/7-1.{ a
UNIFORM FARE STRUCTURE AGREEMENT
Approved as to Form:
legal Counsel
Date:
.HTDB Doc. No. T0213.0-95
SRTP 875
SPRING VALLEY DIAL-A-RIDE
Clerk of the Board
County of San Diego
Board of Supervisors
Date:
-35--Ir-lf!----
17- if /
" Zone 1 r
"^ '
l\ Rt. 210 $54., $2,00
i \ Rt. 20~,!6j1.!5
/t#mw'\\, m' )
, . /f
Rt. 3(1$49., $1.7(i / \
Rt. 50"'9., $1.75\ f l
Rt. 150~9., $1.75';/ Rf. 270 $54., $2.00
\ ! \ Rt. 40 $54., $2.00 ,
; tl..,J:It,].Q"$4~,.lI:!5"",,j EI Cajon
~ 'W',...............\ ~ . '''-"^^-N'''''' ~
_...._."-~""'-< \ \ , La Mesa
"""'",,1 >)t"/'/L~~~:~' '"^~~"~'W"
r'-T'''\,W' Grove
'.""'~J \
'\ ~ational City
~ "ChUla Vista
\ I l'
\,R.t:~.~g.~~.:~.~.2.:~ _._,tJ
.~'....,...; . "
'. . 0 1
Oceanside
{<
\.
,.........p....."""-.,.",..
..,' "'\. San
"M ..\
"'.. arcos '
~. \
Rt. 800 $72.,$3.00 "'..__ i
'~ ~"~~""^"{--~'\
, \. "'-.....
Carlsbad
Zone 3
Rt. 800 $67., $2.75
.)
\
j
I
/
Encinitas
Del Mar
'\. I Zone 2 I
Rt. 800 $62., $2.50
\
\
San Diego
Coronado
Imperial
Beach
MTDB
17- '-I 1....
~~
EXPRESS BUS ZONES,
ROUTES AND FARES
I Zone 41
Rt. 810 $72., $3.00
Escondido
..'.....,'"
-~"'......- .
..~.
--....,
Rt. 220 and Rt. 230
$59., $2.25 /'_u~'
Rt. 20 $54., $2:(10
\,
Rt. 820 $62., $2$()
"
Poway \,
'\
"
".
Santee:'
//.
./"
./
Rt. 870 $62., $2.50"
~ ./.:-.
~ ..f
~ /"
::- ' ..../
'",
2 miles
Legend: Route No. end P... PrIce,
On..Wey C.eh PrIce
ATTACHMENT B
r
&AM DIIGO tIOLLIl ZOO fillS
._ SOWU Liu
Banlo larbor- heme I.e. I.e. e.I. e.I. e.I. .all lr1l leJer So
Iootu aide fiut 8tb St. 2m St. 1St. 1St. 'aloau In. ,,,. 1194. Illbo
IIIluPlCon. Ctr. IUO IUO 11.50 11.50 11.50 11.50 11.50 11.15 11.15 11.15 11.15 11.15
eo... Ctr. hst IUO IUO 81.50 81.50 11.50 81.50 81.50 11.15 81.15 11.15 11.15 81.15
s.a"rt 81.00 81.00 11.50 11.50 81.50 81.50 11.50 81.15 81.15 81.15 81.15 81.15
"rica 'lua 81.00 81.00 11.50 81.50 11.50 11.50 11.50 11.15 11.1$ 11.15 11.15 11.15
Soh 'e ""t 11.00 81.00 81.50 11.50 11.50 11.50 11.50 11.15 11.15 11.15 Sl.15 81.15
l.ittle lUll 81.00 11.00 81.50 11.50 11.50 11.50 11.50 11.15 81.15 11.15 81.T5 81.15
Ci.ie Celter 11.00 11.00 11.50 11.50 11.50 81.50 11.50 11.15 81.T5 11.T5 Il.T5 81.T5
fifU ,_ 11.00 81.00 11.50 81.50 11.50 11.50 11.50 11.15 11.T5 81.15 81.15 11.15
Cit, Collep 11.00 11.00 11.50 11.50 81.50 11.50 11.50 81.15 11.15 81.15 81.T5 11.15
luket . 12U 11.00 81.00 11.50 81.50 81.50 81.50 81.50 81.15 11.15 81.15 I1.T5 81.15
laperial . 12U 11.00 11.00 81.50 11.50 81.50 11.50 81.50 81.15 Il.T5 81.15 81.15 11.15
lenio lerbor- 'aclfie I.e. I.e. e.I. e.I. e.I. .ala lr1l Itrtr So
Iootu aide fiut IU St. 24U St. 1St. 1St. hlOllr ... bl. 1194. lalbo
lenio Iootu 11.00 11.00 11.50 81.50 11.50 81.50 81.50 81.15 81.15 81.T5 81.15
Itrborri" 81.00 81.00 11.00 81.50 81.50 81.50 81.50 81.50 81.15 81.15 11.T5
Pacific fiut 81.00 81.00 81.00 81.00 81.50 81.50 81.50 81.50 11.50 I1.T5 81.15
I.Uo..l Cit,-eU 11.50 11.00 81.00 81.00 81.00 11.50 81.50 81.50 81.50 81.50 81.15
lIlio..l eitJ-24tb 11.50 81.50 81.00 11.00 81.00 81.00 11.50 81.50 81.50 81.50 11.50
Cktl. IlIt.-1 St. 81.50 11.50 81.50 11.00 81.00 81.00 81.00 81.50 81.50 81.50 81.50
Cktl. list... St. 11.50 81.50 11.50 11.50 11.00 81.00 81.00 81.00 81.50 81.50 81.50
'aloau 81.50 81.50 81.50 11.50 11.50 11.00 11.00 81.00 81.00 81.50 81.50
hll ,_ 11.15 81.50 81.50 11.50 11.50 81.50 81.00 81.00 81.00 81.00 81.50
Irl1 bene 11.15 11.15 81.50 81.50 11.50 81.50 81.50 81.00 81.00 11.00 81.00
11m 11.4. 81.15 81.T5 81.15 81.50 81.50 81.50 81.50 81.50 81.00 81.00 81.00
So 'albo 81.15 11.15 11.15 11.15 11.50 11.50 81.50 11.50 81.50 11.00 81.00
lenio Iebor- 'acme I.e. I.e. e.I. e.I. e.I. hla Ir1l Itrar So
I.otu 11.. fiut IU St. 24U St. I St. 1 St. .al_ ... ... 1194. 'albo
25U . c-re1l1 11.00 81.50 81.50 81.50 81.50 81.50 81.15 81.15 81.15 81.T5 81.15 81.15
Uad . c-ercW 81.50 81.50 11.50 81.50 11.50 81.15 81.T5 11.15 11.15 81.15 81.15 81.15
41U StTttt 81.50 81.50 81.50 81.50 81.T5 81.15 81.15 81.T5 81.15 81.15 81.15 8U5
I1cU4 b.... 81.50 81.50 81.50 81.T5 11.T5 81.T5 81.T5 8U5 81.T5 81.T5 81.15 81.T5
I2td StTttt 81.50 81.50 8U5 11.15 11.T5 IU5 11.15 81.15 11.15 81.T5 81.T5 11.15
lltaaebultta ; 81.50 11.15 8U5 81.15 81.15 11.15 81.15 81.T5 81.T5 11.15 81.15 81.15
.. Qren Iepot 81.T5 81.15 81.T5 81.T5 81.15 8U5 81.15 8U5 81.l5 81.15 81.15 8U5
SpriQ StTttt 11.15 81.15 81.T5 81.15 81.15 81.T5 81.15 81.15 8U5 81.15 81.15 11.15
'- .... II". 81.15 81.T5 81.15 81.15 11.15 81.15 IUS 11.T5 11.15 81.T5 11.15 81.15
lINaIaoItCaltlT 81.T5 81.15 81.T5 11.T5 81.15 11.T5 81.15 81.15 81.T5 11.T5 81.15 81.15
..,. kl.. 81.15 81.15 81.T5 81.15 81.T5 81.15 81.15 81.T5 81.15 11.15 11.15 81.15
11 WOI fr. Ctr. 81.15 81.15 81.15 81.15 81.15 81.T5 81.T5 81.T5 81.15 81.T5 11.T5 81.T5
mrlllS.lll
4/16/93
IJ - JifJ
I 7, 4-5
SU IllGO TIOLLrt ZOII nus
fr. Iut L111
25th . 3211I . em IIclld I2ad .....cu- !.nol S,r1.. La leA S,..t. "',a II
CUcl. CUe!. StHet '..lIe StH.t IIU. &me StH.t ~ltd. c..tar ',me Wn
&lllup/Co... Ctr. 11.00 11.00 11.50 11.50 11.10 11.50 11.50 11.15 11.15 11.T5 11.15 11.15
Co... Ctr. lilt 11.00 11.00 11.50 11.~ 11.50 11.50 11.50 11.15 11.75 11.15 I1.T5 11.T5
Seaport 11.00 11.00 11.50 11.50 11.50 11.50 11.50 11.15 11.T5 11.T5 11.75 11.T5
"'r1cl 'lue 11.00 11.00 11.50 11.50 11.50 11.50 11.50 11.75 11.15 11.15 11.75 11.15
Slah 'e "pot 11.00 11.00 11.50 11.50 11.50 11.50 11.50 11.T5 11.15 11.T5 11.15 11.15
Littl. nab 11.00 11.00 11.50 11.50 11.50 11.50 11.50 I1.T5 11.15 11.T5 11.T5 11.15
Chic c..t.r 11.00 11.00 11.50 11.50 11.50 11.50 11.50 11.15 11.15 11.15 11.T5 11.15
'lfU bIOI 11.00 11.00 11.50 11.50 11.50 11.50 11.50 11.15 11.15 11.15 11.15 11.15
elt, Coil... 11.00 11.00 11.50 11.50 11.50 11.50 11.50 11.15 11.T5 11.15 11.T5 11.15
lart.t . 12U 11.00 11.00 11.50 11.50 11.50 11.50 11.50 11.15 11.15 11.15 11.T5 11.15
..rid . UU 11.00 11.00 11.50 11.50 11.50 11.50 11.50 11.15 11.T5 11.15 11.15 11.15
25t.. 3hU em Itclld I2ad ......u. .. &,ri.. La .... Q,..t. "'n 11
OIrcl. c.rcl. Stl'ttt b.... Sbltt ..tta Sm. StHat Iltd. Clltar bme Wn
Imi. lotIO 11.00 11.50 11.50 11.50 11.50 11.50 11.15 11.15 11.15 11.15 11.15 11.15
Iar"H1dt 11.50 11.50 11.50 11.50 11.50 11.15 11.15 11.15 11.15 11.15 11.15 11.15
'IClfic fleet 11.50 11.10 11.50 11.50 11.15 11.15 11.15 11.15 11.15 11.T5 11.T5 11.15
latind Cit,-aU 11.50 11.50 11.10 I1.T5 11.15 11.75 11.15 11.15 11.15 11.T5 11.T5 11.15
ktinel Clt,-2(U 11.50 11.50 11.T5 IUS 11.15 IUS 11.15 11.15 11.15 11.15 IUS 11.15
~1, 'iat.-1 St. 11.50 11.15 IUS 11.15 11.15 11.15 IUS 11.15 11.15 11.15 11.15 11.T5
~1, 'l.t... St. 1l.75 11.15 IUS IUS 11.15 IUS IUS 11.15 11.15 11.15 11.15 11.15
PalCIIU II.T5 11.15 1l.75 11.15 11.15 11.T5 11.15 IUS 11.75 11.15 11.15 11.15
Pall b.... 11.T5 IUS IU5 11.15 11.15 11.T5 11.15 11.75 11.15 11.15 11.15 11.15
.rit I'nll II. 15 11.15 IUS 11.15 11.15 11.15 11.T5 11.15 11.15 11.15 11.15 11.15
11m Iltd. IUS IUS IUS 11.15 11.15 I1.T5 11.15 IUS 11.15 11.T5 11.15 11.T5
SIa flim 11.15 11.15 11.15 11.15 11.15 11.T5 11.T5 11.15 11.15 11.15 11.15 11.T5
25U. 321U UU llelld I2ad .....cu. r..n &,rill La.... Q,..t. "',a 11
c.rcl. c.rc1. Street b.... Sbltt aU. &me Street Iltd. CIIhr 1- Wn
25t. I c-rcid t1.l0 11.10 11.50 11.50 11.50 11.50 11.50 11.15 11.15 11.15 11.T5
3hd I eo.erc1d 11.00 11.00 11.00 11.10 11.10 11.50 11.50 11.10 11.15 IUS IUS
em Street 11.00 11.00 11.00 11.00 11.50 11.50 11.50 11.10 11.10 IUS 11.T5
helld b.... 11.50 11.00 11.00 11.00 11.00 11.50 11.50 11.50 11.10 11.10 11.15
I2ad Stl'ttt 11.50 11.50 11.00 11.80 11.00 11.00 11.50 11.50 11.50 11.50 11.50
..........tta 11.50 11.50 11.50 11.00 11.00 11.00 11.00 11.50 11.50 11.50 11.50
r..n &me DePOt 11.50 11.50 11.50 11.50 11.00 11.00 11.00 11.00 11.50 11.50 11.50
Sprlq Street 11.50 11.50 11.50 11.50 11.50 11.00 11.00 11.00 11.00 11.50 11.50
" .... Iltd. IUS 11.50 11.50 11.50 11.50 11.50 11.00 11.00 11.00 11.00 11.50
ar.-t Cnter 11.15 11.T5 11.50 11.50 11.50 11.50 11.50 11.00 11.00 11.00 11.00
..." Drh. 11.15 11.T5 11.T5 11.50 11.50 11.50 11.50 11.50 11.00 11.00 11.00
11 W.. b. Ctr. IUS 11.75 IUS 11.75 11.50 11.50 11.50 11.50 11.50 11.00 11.00
mnDS.1l1 -II; -1./1
4/le1'3
/7- ~ '-I
su OlIGO ftOLLIY ZOII rAUS
'"' Ba"lie
IIull1P/ Co". Ctr. Ita- llerlca Salt. " IoUU. Chlc nm CUJ ,,,tat llperlal
Con. Ctr. Wen ton 'lue "pot nab Cater bane Collaee . 12tk . 12tk
IIull1\llCop. Ctr. 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00
em. Ctr. lilt 11.00 ".00 11.00 11.00 11.00 11.00 ".00 11.00 11.00 11.00
Itaport 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00
IItrlca flua 11.00 11.00 ".00 11.00 11.00 ".00 11.00 11.00 11.10 ".00
Salt. .. lepot 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.10
IoUU. ltab 11.00 11.00 11.00 11.10 ".00 11.00 11.00 11.00 11.00 11.00
Chle Celter 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 ".00 11.00
.un ,,,nt 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.10 11.00 11.00
Ctt, CoUaee 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00
..!t.t . 12tk 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.10 11.00
IlPtrial . 12tk 11.00 11.00 ".00 11.00 11.00 ".00 11.00 11.00 11.00 11.00
1Iu1l1P1 Con. Ctr. .... .rlca Salta 'a IoUU. Chlc .lftk Cl~ IIutat Iaperla1
Colt. Ctr. IIlIt port flue 8Qot ltab Celtar ,- Colla,a l12tkU2n
Barrio Lope ".00 ".00 11.00 11.00' 11.00 11.00 11.00 11.00 11.00 11.00 11.00
lerlloraiie 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00
heme nllt 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50
letine1 CttJ-en 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50
leUoad CUJ-24tk 11.50 11.50 11.50 11.50 11.50 11.50 IUO 11.50 11.50 11.50 11.50
Chla nata-1 St. 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50
cala flata" St. 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50
h10llr 11.15 11.15 11.15 11.15 11.15 11.15 11.15 11.15 11.15 11.15 11.15
'ala ,,,nt 11.15 11.15 11.15 11.15 11.15 11.15 11.15 11.15 11.15 11.15 11.15
lria ,_ IU5 IU5 11.15 11.15 11.15 11.15 IU5 IU5 11.15 IU5 11.15
laJ.r l19d. 11.15 IU5 IU5 11.15 11.15 IU5 11.15 IU5 11.15 IU5 11.15
SaI teldro IU5 11.15 IU5 11.15 11.15 IU5 11.15 11.15 IU5 11.15 11.15
1Iul8p1 Colt. Ctr. .... lInlca Salta ,. 101tUa Chic nnk Ci~ laltet laperial
Colt. Ctr. ..at port 'lue Iapot ltab ea.tar bant CoUa,. . 12tk . 12tk
25U l ea.rc1al 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.00 11.10 11.00
S2Id . C-rc1al 11.00 11.00 11.10 11.00 11.00 11.00 11.00 11.00 11.00 11.10 11.00
4'fn St!llt 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50
helld b_ 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50
I2Id Stran 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50
"acuttl 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50
.. lIrvt. Iepot 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50 11.50
Spriu S\!lIt 11.15 11.15 11.15 11.15 11.15 IUS 11.15 11.15 11.15 11.15 11.15
loa .... II,d. 11.15 11.15 IUS 11.15 11.15 11.15 11.15 11.15 IUS 11.15 11.15
eroa-t Coter 11.15 IUS 11.15 11.15 11.15 11.15 11.15 11.15 IU5 11.15 11.15
lien tri" IUS 11.15 IUS 11.15 11.15 IUS 11.15 11.15 IU5 11.15 11.15
II WOI h. Ctr. 11.15 11.15 11.15 11.15 11.15 IU5 11.15 11.15 11.15 IUS 11.15
mJlIIS.1l1 /7-4)
4/18/93
#---1/5
ATTACHMENT C
ADA COMPLEMENTARY PARATRANSITFARES
LOCAL ZONE FARES - .MTDB AREA ONLY
E@F;;;'(W~FFEQi1ve~BEa~;nt93:;1I!m;ITt1t1;;
MTDBAREA . .
Imperial Beach $2.00
South San Diego $2.00
Chula Vista $2.00
National City $2.00
Coronado $2.00
San Diego (Central areas) $3.00
East County $2.00
Scripps Ranch $3.00
Mira Mesa $3.00
Poway $2.00
Rancho Bernardo $3.00
Rancho Penasqultos
Carmel Mountain Ranch
Sabre SDrinas
.JlAIII'JJ&.Wt,
~
/7'" LJ {,.
ADA COMPLEMENTARY PARATRANSIT FARES - REGIONAL TRANSFER FARES
;:iMlPa~al;",#I:;F~Q;t!V~OPTPa~a1;t99a.;
Imperial South Chula Nat. Coro- San East Scripps Mira
Beacti S.D. Vista CI nado Diego Coun Ranch Mesa
Imperial Beach $2.00 $2.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.50 $3.50 $4.00
South San Diego $2.00 $2.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.50 $3.50 $4.00
Chula Vista $3.00 $3.00 $2.00 $2.00 $3.00 $3.00 $3.00 $3.50 $3.50 $4.00
National C $3.00 $3.00 $2.00 $2.00 $3.00 $3.00 $3.00 $3.50 $3.50 $4.00
Coronado $3.00 $3.00 $3.00 $3.00 $2.00 $3.00 $3.00 $3.50 $3.50 $4.00 ,.
"- ~ ~
-' San Diego $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.50 $3.50 $4.00 n
" ::I:
i'i
~ , East County $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $2.00 $3.50 $3.50 $4.00 :z
~ -t
"""-1 c
Scripps Ranch $3.50 $3.50 $3.50 $3.50 $3.50 $3.50 $3.50 $3.00 $3.00 $4.00
Mira Mesa $3.50 $3.50 $3.50 $3.50 $3.50 $3.50 $3.50 $3.00 $3.00 $4.00
Poway $4.00 $4.00 $4.00 $4.00 $4.00 $4.00 $4.00 $4.00 $4.00 $2.00
R. Bemardo(b) $4.00 $4.00 $4.00 $4.00 $4.00 $4.00 $4.00 $4.00 $4.00 $2.00
(a) $3.00 to/from NCro via La Jolla/UTC $3.50 to/from NCTD via Rancho Bernardo/North County Fair
(b) Includes Rancho Penasquitos, Carmel Mountain Ranch and Sabre Springs
(c) $2.00 (peak) $1.00 (10:00 am - 3:00 pm) Fares are set by NCro and are subject to change
NJMNES.'M<t
~
ATTACHMENT E
BUS AND TROLLEY TRANSFER UPGRADES
Fare Transff!r Fare
Paid 1.00 1.50 1.75 2.00 2.25 2.50 2.75 3.00
1.00 Free .50 .75 1.00 1.25 1.50 1.75 2.00
1.50 Free Free .25 .50 .75 1.00 1.25 1.50
l.iS Free Free Free .25 .50 .75 1.00 1.25
2.00 Free Free Free Free .25 .50 .75 1.00
2.25 Free Free Free Free Free .25 .50 .75
2.50 Free Free Free Free Free Free .25 .50
2.75 Free Free Free Free Free Free Free .25
3.00 Free Free Free Free Free Free Free Free
NBF:ll1
UNIFORME.NBF
4/26/93
It..~
, .74
17-4%
ATTACHMENT F
I
North County fair
Del Mar
o Cannel Velley
PcfNay
San Diego
Chula VISta
t
..~ ..
MTDB
Imperi!!' Beach
Figure 5-3
17~ 4 f
--I~1'Jff
eEllialinll
Transit Centers
OPL. · (E-.g .......... - funding,
ond SlIM lex)
ATTACHMENT G
SUGGESTED PARATRANSIT TRANSFER SITES
For passenger and driver safety and convenience, operators may suggest that
transfers take place at existing transit centers, trolley stations and major
shopping and medical facilities, such as:
VA Medical Center
Paratransit Service:
Accessible Routes:
City of San Diego Dial-A-Ride
3D, 34, 34A, 41, 50, ISO, 301
University Town Center Transit Center
Paratransit Service:
Accessible Routes:
City of San Diego Dial-A-Ride
3D, 34, 34A, 41, 50, IDS, ISO, 301, 310
Fashion Vallev Transit Center
Paratransit Service:
Accessible Routes:
City of San Diego Dial-A-Ride
6, 13, 16, 20, 25, 41, 81
Mission Vallev Center (bus StODS at Robinsons-Mav)
Paratransit Service:
Accessible Routes:
City of San Diego Dial-A-Ride
6, 25, 81
San Dieoo State Universitv Transit Center
Paratransit Service:
Accessible Routes:
City of San Diego Dial-A-Ride
II, 13, 36, 55, 81, 115
MarketDlace at the Grove Transit Center
Paratransit Service:
Accessible Routes:
Euclid Transit Center
Paratransit Service:
Accessible Routes:
City of San Diego Dial-A-Ride
5, 16, 36, IDS, 816, 856
City of San Diego Dial-A-Ride
3, 4, 5, 13, 16, 55, IDS, 603, 816, and Trolley
Plaza Bonita (bus StOD at FOCUS/Montaomerv Ward)
Paratransit Services:
Accessible Routes:
City of San Diego Dial-A-Ride
National City WHEELS
Chula Vista HandY trans
601, 602, 603, 604, 70S, 711
-IJ,~.Td-
17- ~(j
.
Paratransit Service:
ImDerial & 12th Transit Center
Accessible Routes:
City of San Diego Dial-A-Ride
CDunty Transit System Senior/Disabled Services
1, 4, 11, 29, 901, 902, 903 and Trolley
24th Street Trollev Station
Paratransit Service:
Accessible Routes:
Bavfront Trollev Station
Paratransit Service:
Accessible Routes:
H Street Trollev Station
Paratransit Service:
Accessible Routes:
National City WHEELS
601, 602, 604, and Trolley
Chula Vista HandY trans
705, 706A, and Trolley
Chula Vista HandYtrans
701, 702, 703, 704, 706, 707, 709 and Trolley
Iris Avenue Trollev Station
Paratransit Service:
Accessible Routes:
County Transit System Senior/Disabled Services
29, 901, 933, 934, and Trolley
Palm Avenue Trollev Station
Paratransit Service:
Accessible Routes:
Parkwav Plaza
Paratransit Service:
Accessible Routes:
Grossmont Transit Center
Paratransit Service:
Accessible Routes:
El Caion Transit Center
Paratransit Service:
Accessible Routes:
County Transit System Senior/Disabled Services
933, 934, and Trolley
County Transit System Senior/Disabled Services
115, 846, 847, 848, 858, 864, 871, 872, 888, 894
County Transit System Senior/Disabled Services
15, 81, 854, 878, 879, 888, 894, and Trolley
County Transit System Senior/Disabled Services
15, 846, 847, 848, 852, 858, 864, 870, 871, 872, 873,
878, 879, 888, 894
-2- -IJ-.>/
17.-1"1
Pomerado HosDital
Paratransit Service:
Accessible Routes:
County Transit System Senior/Disabled Services
844, 845
Oceanside Transit Center (200 block South Tremont Street)
Paratransit Service:
Accessible Routes:
LIFT
301, 302, 303, 305, 310, 312, 313, 314, 316, 317, 318,
320, 800
Cardiff Towne Center (Birmingham Drive and Newcastle Avenue)
Paratransit Service:
Accessible Routes:
LIFT
301, 304, 308, 309, 310, 361
Vista Transit Center (Broadway and Santa Fe Avenue)
Paratransit Service:
Accessible Routes:
LIFT
302, 306, 311, 318, 320, 331, 332
Plaza Camino Real (Highway 78 and Marron Road - Robinsons-May)
Paratransit Service:
Accessible Routes:
LIFT
302, 309, 310, 311, 312, 316, 320, 321, 322, 800
Escondido Transit Center (700 block Valley Parkway)
Paratransit Service:
Accessible Routes:
LIFT
302, 307, 308, 320, 381, 382, 384, 384X, 385, 388,
810, 878, 879
North Countv Fair Transit Center (Bear Valley Parkway, Escondido)
Paratransit Service:
Accessible Routes: .
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UNIFORMG.NBF
6/7/94
LIFT
20, 320, 382, 384, 878, 879
-3- /~ :>';,1-
/7--- 5L-
ATTACHMENT H
REGIONAL PASS UPGRADES
T 532.92
Pass Value S49 S54 S59 S62 S67 S72
Cash Equivalent $D5 n:oo n:n S2.50 S2.75 S3.00
UDarade to Bus Cash Fare
S1.00 NR NR NR NR NR NR
S1.25 NR NR NR NR NR NR
S1.50 NR NR NR NR NR NR
S 1. 75 NR NR NR NR NR NR
S2.00 SO.25 NR NR NR NR NR
S2.25 SO.50 SO.25 NR NR NR NR
S2.50 SO.75 SO.50 SO.25 NR NR NR
S2.75 $1.00 SO.75 SO.50 SO.25 NR NR
S3.00 S1.25 S1.00 SO.75 SO.50 SO.25 NR
All Trolley Trips NR NR NR NR NR NR
NR . None Required
Notes: Upgrades to DART services are SO.50 per trip.
All passes (including Senior/Disabled and Youth) have Sl.50 cash equivalent
when used to board SDCTS Rural Routes.
TDA 4.0 General Public Dial-A-Ride Services do not accept the Regional Pass.
ADA Complementary Paratransit Services with the MTDB area of jurisdiction do
not accept the Regional Pass, except as a SO.75 credit towards the transfer
upgrade payment to the ADA complementary paratransit vehicle. This does not
apply to NCTD.
NBF:nbf:esw(lm)
UNIFORHH.NBF
5/9/94
-/t:5'J
/ 7~S3
ATTACHMENT I
REGIONAL PASS, TICKET AND TRANSFER UPGRADE USAGE
(to be submitted to SANDAG)
Operator:
Month of
19_
1. Total number of Adult monthly pass users carried:
la. Total number by route for Express, Premium Express, and Commuter
Express routes:
Route No.
Route No.
Route No.
Route No.
Route No.
Adult Pass Boardings
Adult Pass Boardings
Adult Pass Boardings
Adult Pass Boardings
Adult Pass Boardings
2. Total number of Senior/Disabled monthly pass users carried:
3. Total number of Youth regional monthly pass users carried:
4. Total number of $1.50 IO-Pack Tickets received:
5. Total number of $1.75 10-Pack Tickets received:
6. Total number of $2.50 10-Pack Tickets received:
7. Total number of $2.75 10-Pack Tickets received:
8. Total number of $3.00 10-Pack Tickets received:
9.
Total number of Transfer Upgrades. received:
· See attached page for explanation
. $0.25
. $0.50
. $0.75
. $1.00
Compiled by:
Name
Date
I hereby certify that the figures stated above for regional monthly pass,
ticket usagb, and transfer upgrades are accurate.
General Manager
Date
NBF:nbf:jy
F-UPGRAD.NBF
6/7/94
JJ-~'1
, ",
/7- s 1
.
(Attachment to Attachment I)
REVENUE ALLOCATION FOR
TRANSFER UPGRADE ON FIRST VEHICLE POLICY
Beginning July I, 1988, the Metropolitan Transit System (MTS) operators
implemented a policy to allow passengers to pay transfer upgrade fares on the
first ~ second vehicle. (Previous policy required upgrade payment on the .
second vehicle only.) The new policy meant that operators previously
rece1~ing upgrade fares may no longer receive them, and those not previously
receiving upgrades may now collect the revenue. Due to this, area operators
conducted a transfer survey in 1987 to estimate which operators would be
impacted, negatively and positively, by the new policy. Based on the results
of the 1987 survey, four positively impacted operators (San Diego Transit,
Chula Vista Transit, National City Transit, and County Transit System) agreed
to allocate revenue to San Diego Trolley, Inc., (the only negatively impacted
operator). Set monthly revenue amounts were deducted from each operator's
monthly pass revenue/TransNet subsidy check, and the sum of the deductions
were added to Trolley's monthly check. The formulation, based on the
1987 survey, continued until June 3D, 1994.
The San Diego Association of Governments (SANDAG), in cooperation with the
area operators, conducted a 1994 transfer survey. Based on this work and
additional information from the operators, a change in the allocation
procedures will be put into effect. As of July I, 1994, the four operators of
local bus services (Chula Vista Transit, National City Transit, County Transit
System, and MTDB Contract Services for Routes 933/934 only) will allocate
revenue to San Diego Trolley, Inc., to compensate for transfer upgrade
payments based on an actual monthly accounting of transfer upgrade revenue
received on their services. The operators listed will report actual amount of
transfer upgrade activity on page I, line 9, of Attachment I. Monthly revenue
amounts, to be calculated by SANDAG, will be deducted from each operator's
monthly pass revenue/Trans Net subsidy check and the sum of the deductions will
be added to San Diego Trolley, Inc.'s, monthly check.
NBF:nbf:jy
AT-UPGRD.NBF
6/7/94
I 7 ~ s-S
~':ff
ATTACHMENT J
ADULT PASS
REVENUE ALLOCATION FORMULA
PROCEDURE DESCRIPTION
The base pass price of $49 is retained from all $49, $54 and $59 passes sold.
The $62, $67, and $72 passes are not part of the formula except that three
percent of the total revenue from the $62, $67, and $72 passes is retained for
the region and combined with the $49 base revenue. (The three percent
represents the transfer rate on the County Transit System Express routes that
accept the $62, $67, and $72 passes. County Transit System Express keeps all
the remaining $62, $67, and $72 pass revenue.) The base pass revenue is then
allocated to each operator that accepts $49 through $59 passes based on the
operator's percentage of regional pass boardings for all adult passes. Then,
revenue for each $5 pass price increment from the $54 and $59 passes is
allocated proportionally to those operators accepting that particular value or
a higher value (up to $59) pass.
PASS REVENUE ALLOCATION PROCEDURE
SleD 1
la. The total number of $49 through $59 Adult passes sold * $49 + three
percent of $62, $67, and $72 Adult pass revenue. $49 pass base revenue.
lb. The total number of $49 through $59 pass riders on all routes operated
by operator .x. + the total number of $49 through $59 pass riders on all
routes operated by all operators. proportion of $49 pass base revenue
allocated to operator .x..
lc. la * lb. $49 base pass revenue allocated to operator .x..
SleD 2
2a. The total number of $54 and $59 passes sold * $5 . $54 pass incremental
revenue.
2b. The total number of $54 and $59 pass riders on all routes requiring $54
and $59 passes operated by operator .x. + the total number of $54 and
$59 pass riders on all routes requiring $54 and $59 passes operated by
all operators. proportion of $54 pass incremental revenue allocated to
operator .x..
2c. 2a * 2b . $54 pass incremental revenue allocated to operator .x..
'16"~
/7'- J-t"
Steo 3
3a. The total number of SS9 passes sold * SS . SS9 pass incremental revenue.
3b. The total number of SS9 pass riders on all routes requiring SS9 passes
operated by operator .x. + the total number of SS9 pass riders on all
routes requiring SS9 passes operated by all operators. proportion of
SS9 pass incremental revenue allocated to operator .x..
3c. 3a * 3b . SS9 pass incremental revenue allocated to operator .x..
SteD 4
4a. The total S62, S67, and S72 pass revenue (minus the three percent
included in the S49 pass base) is allocated to those County Transit
System Express services that accept S62, S67, and S72 passes.
NBF:nbf:esw(lm)
UNIF-J93.NBF
5/9/94
:
-2-~
17, ) 7
ATTACHMENT K
SENIOR/DISABLED AND YOUTH
PASS REVENUE ALLOCATION FORMULA
The total number of pass riders (by category) on all routes operated by
operator "x," divided by the total number of pass riders (by category) on all
routes operated by all operators equals the proportion of pass revenue (by
category) allocated to operator "x."
NBF:lm
UNI FORMK. NBF
4/26/93
-/~-:rr
17 ~ ')'1
.
ATTACHMENT L
TEN-PACK TICKET
REVENUE ALLOCATION FORMULA
1. 10-Pack ticket revenue allocation is to be calculated separately for the
following ticket types: Sl.50 10-Pack tickets, SI.75 IO-Pack tickets..
2. All revenue from ticket sales is allocated each month, regardless of the
relationship between ticket sales and use.
3. Each operator's monthly ticket boardings for a particular month are
calculated by averaging the current month's and past two months'
boarding counts. (Thus, the ticket boarding counts are a revolving
average.) SANDAG will calculate the average monthly boarding counts.
4. Each operator's monthly percent share of ticket revenue is determined as
follows:
o Average monthly ticket boardings for operator .x. + total average
monthly ticket boardings for all operators combined.
5. Ticket revenue allocated to each operator is determined as follows:
o Percent share of monthly ticket revenue (from Step 3) for
operator .x. multiplied by the total ticket sales revenue for that
month. .
S2.50, S2.75 and S3.00 10-Pack ticket revenue (minus three percent
retained for the region) is allocated to San Diego County Transit System
Express services that accept the S2.50, S2.75 and $3.00 10-Pack tickets.
NBF:nbf:esw(lm)
UNIF-L95.NBF
5/9/94
*
.-/t"f9
/ 7 ~ J"(
f
5.
6.
7.
8.
ATTACHMENT M
TRANSNET PASS SUBSIDY ALLOCATION PROCEDURE
OBJECTIVE
To allocate TransNet pass subsidies in a manner that ensures each operator
receives pass revenue (sales and subsidies) in an amount equal to pass sales
revenue received prior to TransNet.
STEPS
1.
Determine individual operator percent of countywide boardings (from
operator counts).
Allocate pass sales revenue based on Step 1.
Total MTDB area operator percent share to determine MTDB area share of
countywide boardings (NCTO share. remaining).
Determine pass sales attributable to MTDB/NCTO boardings.
(HTDB percent x number of countywide passes sold;
NCTO percent x number of countywide passes sold)
Multiply MTDB passes sold x $12.25 (senior/disabled) or $24.50 (youth)
subsidy/pass. MTDB area TransNet subsidy pool (see below*). (NCTO
TransNet subsidy pool . NCTO passes x $ determined by NCTO)
Recalculate individual operator percent share of boardings for MTDB area
only.
Apply operator shares to MTDB TransNet subsidy pool . individual
operator TransNet subsidy.
Steps 2 + 6 . total operator pass revenue.
2.
3.
4.
*
Base price for senior/disabled is 50 percent of $49 pass. Therefore,
TransNet sUbsidy/pass is: $24.50 - $12.25 pass revenue. $12.25
subsidy/pass.
Base price for youth is 100 percent of $49 pass. Therefore, TransNet
sUbsidy/pass is: $49.00 - $24.50 pass revenue. $24.50 sUbsidy/pass.
*
NBF:nbf:esw(lm)
UNIF-M95.NBF
5/9/94
~1&,-,t tP
/7- ~ a
COUNCIL AGENDA STATEMENT
. .-/fIt
Item -r7
Medina Date '.'~f;{~" "C/a/&t'i
ITEM TITLE:
Resolution. J 7frt, Approving amendment to.agreement between
the San Diego Transit Corporation (SDTC) and City of Chula Vista for
unified telephone information system
SUBMITI'ED BY: Director of Public Works r
REVIEWED BY: City Manage~ b _ (4/Sths Vote: Yes_No..xJ
On July 19, 1980, the South Coast Organization Operating Transit (SCOOT) entered into an
agreement with San Diego Transit Corporation (SDTC) for regional transit telephone information
service. This service provides Chula Vista Transit (CVT) riders with information on CVT schedules
and routes and on all other fIXed route transit systems in San Diego County. When SCOOT was
dissolved on July I, 1993, the agreement for this telephone information service was changed in FY
1993-94 to be between the City of Chula Vista and SDTC. This amendment for FY 1994-95
continues CVT's participation in this regional service at a cost of $21,541, a 5.6% decrease from
the FY 1993-94 cost of $22,766.
RECOMMENDATION: That Council adopt resolution approving amendment to agreement
between San Diego Transit Corporation and City of Chula Vista for unified telephone information
system for FY 1994-95.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The following transit operators participate in the regional telephone system operated by SDTC: San
Diego Trolley, North County Transit District, SDTC, County Transit Suburban, CVT, and National
City Transit. Chula Vistans receive transit information on all systems operating in the County. The
service is available seven days a week between the hours of approximately 5:30 a.m. and 11:00 p.m.
Under the FY 1994-95 agreement, SDTC estimates that the City's share of total system-wide calls
of 1,850,000 will be 45,000, or 2.44% of total calls, about the same as in FY 1993-94. The average
cost per call is about 48e ($21,541 + 45,000 calls). A total estimated SDTC information system
cost for next fiscal year is $882,841, a 5.6% decrease from FY 1993-94. During FY 1993-94,
SDTC installed a new computerized telephone information trip planning system. The cost decrease
estimated in FY 1994-95 is due partially to cost savinas resulting from the new computerized
information system.
nSCAL IMPACT: The City of Chula Vista's prorated share of the FY 1994-95 total regional
telephone information system cost is estimated at $21,541 (2.44% x $882,841). The cost of this
service is included in the FY 1994-95 Transit Division budget account 402-4020-5211 (Advertising)
which is funded by Transportation Development Act (TDA) Article 4.0 funds.
~_o7f(. J<t~ ~
~\f~~ ~~VU.J
~ l~.~.,.Q;::Q,-;)..A.
WMG:DS-03S
WPC M:~~~."
~ ri-I
RESOLUTION NO. 17.5'8'(,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENT TO AGREEMENT
BETWEEN THE SAN DIEGO TRANSIT CORPORATION
(SDTC) AND CITY OF CHULA VISTA FOR UNIFIED
TELEPHONE INFORMATION SYSTEM
WHEREAS, on July 19, 1980, the South Coast Organization
Oper~ting Transit (SCOOT) entered into an agreement with San Diego
Transit Corporation (SDTC) for regional transit telephone
information service; and
WHEREAS, this service provides Chula vista Transit (CVT)
riders with information on CVT. schedules and routes and on all
other fixed route transit systems in San Diego County; and
, '
/ '
WHEREAS, when SCOQt was/dissolved on July 1, 1993, the
agreement for this telephon, infotmation service was changed in FY
1993-94 to be between the eity 01 Chula Vista and SDTC; and
J
WHEREAS, this mendm~t for FY 1994-95 continues CVT's
participation in this re ional rvice at a cost of $21,541, a 5.6'
decrease from the FY 19 3-94 c st of $22,766. ,
.. .: '.
" ,
J . ",.'. ,
NOW, THEREF RE, BE :JT RESOLVED th /Ci~y Council of the
City of Chula Vista es here~y approve an en~ent to agreement
between the San Dieg Transit/corporation DTC)/and City of Chula
Vista for unified t ephone i formation s stem,fa copy of which is
on file in the offi e of the ity Clerk Doc~ent No. (to be
completed by the C, ty Clerk n the fin docwyent) . /")
BE IT iURTHER RE ,OLVED tha.f the yor Of~/ city of
Chula Vista is hereby autHorized ~d dire ted to e e u~ said
Amendment for and on behalflof the ~ity of. Vis. f
i /r' ved at, to olm
! j j
./ I
l
;'
B!:l,Uce ,M. Booga rd,
At~orrtey
'. . j
John P. Lipp tt, Director of
Public Work
Presented by
C:\ro\IDTC.tel
17-.....
fi-~
..~an Diego Transit . ". . . ". -:, <.i1Jih . .
..~~n Operato"n Ihe Metropohtan liansit System . . .... . . -
100 16th Street
P.O. Box 2511
San Diego, CA 82112
(619) 238-0100
FAX (619) 896-8159
June 7, 1994
Mr. Bill Gustafson
City of Chula Vista
707 F Street
Chula Vista, California 91910
Dear Bill:
Enclosed are two copies of the Ninth Amendment to the Telephone Information
Agreement for the period July I, 1994 through June 30, 1995. When this agreement has
been fully executed, please return one copy for our file.
These costs are based upon SDTC's proposed FY95 budget. Telephone Information costs
have decreased 5.38 percent from last year. This decrease reflects the budget constraints
employed in the next fiscal year.
This is the last year of the agreement to use the July 1989 through February 1992 percent
allocation. For Fiscal Year 1996, a new percentage will be determined based on the
actual usage over a three year period commencing March 1992 through February 1995.
If you have any questions regarding this agreement, please contact me at 238-0100 ext.
451.
Sincerely,
~
Roger A. Pere~
Manager-Acctg. and Payroll
RAP/dd
Enclosures (2)
-/7 :J
)9-3
AGREEMENT BETWEEN 'rHE SAN DIEGO "l'RANSIT CORPORATION
AND
CITY OF CHULA VISTA
FOR
UNIFIEO TELEPHONE INFORMATION SYSTEM
AMENDMENT '1'0 THE AGREEMENT
In accordancQ with Sections 7 A and 8 of the above mentioned
agreement, the following changes in the agreement as of July 1,
1993, are hereby agreed upon:
RECITALS
WHEREAS, City operates Chula Vista Tran-
sit (CVT), a fixed-route bus system; and
WHEREAS, SOTC has jointly in the past
maintained a Transportation Information System
providing information to telephone callers
about CVT operations and relating to fare,
route and other operational information; and
WHEREAS, such a relationship has
benefited both SOTC and City in terms of
effectiveness and efficiency; and
WHEREAS"SOTC and City desire to continue
this relationship.
NOW, 'rHEREFORE, in consideration of the
recitals and the mutual obligation of the
parties set forth herein, SOTC and City agree
as follows:
SECTION 2. OBLIGATIONS OF CITY
Delete Paragraphs A and B and replace as follows:
A. City agrees to pay to SOTC the sum of twenty-one thousand,
five hundred forty-one dollars ($21,541) in return for the
use of its Telephone Information System (TIS) to
disseminate rider information by telephone during FY95.
The calculation of the $21,541 is shown on Exhibit A
attached to this agreement. This calculation is based upon
the numbe~ of calls received for each agency from July 1989
to February 1992. This will be the base percentage through
FY 95.
B. Payment for this sum shall be made on a monthly basis no
later than .ten (10) days after receipt of invoice from
SOTC. Payment for each month shall be the amount of one
thousand, seven hundred ninety-five dollars and eight cents
($1,795.08). 17- i 1fT-if
,
Amendment to Agreement
Between SDTC and City of Chula Vista
page 2
SECTION 7. TERM OF AGR!EMENT AND TERMI~ATION
Delete Paragraph A and 'replace as follows: This agreement shall be
effective from July 1, 1994 throughJU'fle 30.. 1995.
All other provisions of this agreement remain in force.
SAN DIEGO TRANSIT CORPORATION
CI'l'Y OF CHULA VISTA
BY
~4
Ronald H. Ya
ACTING PRES
BY
& GEN. MGR.
MAYOR
DATE
~/'/IV
{ ,
DATE
ATTEST:
(
RK
EY
Attachment: Exhibit A
- J] Y'
, --
f'i- 5
EXHIBIT A
SAN DIEGO TRANSIT CORPORATION
FISCAL YEAR 1995 TELEPHONE CONTRACTS
-
PROPOSED
FY95 FY95 FY94 FY94
--L COST , COST
CHULA VISTA 2.44\ $21,541 2.44\ $22,766
COUNTY 5.60% 49,439 5.60% 52,251
MTDB
ROUTE 932 0.85% 7,504 0.85% 7,931
ROUTES 933, 934 0.59% 5,209 0.59% 5,505
STRAND 1.32% 11,654 1. 32% 12,316
NATIONAL CITY 1. 45% 12,801 1. 45% 13,529
NORTH COUNTY 17.03% 150,348 17.03% 158,899
SDTC . 61.67% 544,448 61.67% 575,413
TROLLEY 9.05% 79.897 9.05% 84.441
TOTAL 100.00% $882,841 100.00% $933,051
------- ==--=--- ____m_. ------.-
I '-6- I~_(,
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 8/2/94
ITEM TITLE: Resolution I 7lo 00 Ordering certain open space and maintenance
facilities to be maintained, approving modification to the Engineer's
Report and levying the assessments for Fiscal Year 1994-95 for Eastlake
Maintenance District No. I - Zone D
SUBMITTED BY: Director of Public Works f}1'l/'
Director of Parks and ~r~~~ation
REVIEWED BY: City Manage~ ~~\\ (4/5ths Vote: Yes_NoX)
U /'/
At the Council meeting of June 14, 1994, Council directed staff to meet with the property
owners of Salt Creek I to discuss the open space (Eastlake Maintenance District No. I - Zone
D) budget and proposed assessments for FY 1994/95 before Council would consider levying
the annual assessment. This item considers the issues raised at the meetings.
RECOMMENDATION: Adopt the resolution to approve modification to the Engineer's
Report and levy assessments for FY 1994-95.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
At the June 14 public hearing, Council took testimony, closed the hearing, and directed staff
to meet with the property owners of Salt Creek I. Staff met with the property owners and the
developer on June 22 and June 29 to provide information, find out issues and identify options.
This report presents the issues and considers the options identified at those meetings.
Salt Creek 1, located easterly of Eastlake Hills and Shores, is within Eastlake Maintenance
District No. I (ELMDI). The development is presently assessed for those improvements
within ELMDI (Zone A) such as East H Street and Otay lakes Road medians. In FY 94-95,
the assessments for ELMDI - Zone A approved on June 21, 1994 will pay for additional
improvements such as the "SRI25" corridor (including ramps), additional medians on East H
Street and Otay Lakes Road. Tonight's action is to consider the proposed assessment for FY
94-95 for ELMDI - Zone D. established in 1991.
In the following report are discussions of the Zone D improvements, budget, property owner
concerns, ideas to lower their costs, and staff's recommendation.
Imorovements
Zone D's improvements consist of landscaped parkways adjacent to the development; large
landscaped slopes south of and adjacent to East H Street continuing southerly along the
"SRI25" corridor; preservation areas for the Otay tar plant and for coastal sage; landscaping
\9 - \
Page 2, Item \ q
Meeting Date 8/2194
within the SDG&E easement and landscaping on manufactured slopes surrounding one of the
SDG&E towers within their easement. As a condition of development, these areas were placed
in ELMDI - Zone D to provide for perpetual maintenance. Table I quantifies those areas by
type of maintenance.
TABLE I
Description
Streets cape, parkway
Erosion control planting, Erosion control slopes
Non-irrigated hydroseed, non-irrigated slopes
Coastal sage preservation zone, non-irrigated slopes
Otay tar plant preservation zone, non-irrigated slopes
TOTAL
(1) Acreages reviewed and corrected 7/5/94 from 26.08 acres to 19.79 acres.
provided by the developer which was too high.
Acres
2.23
10.59
1.11
5.18
.68
19.79(1)
Acreage of 26.08 acres was
Budget
Staff proposes reducing the original budget by $15,820 in response to property owner concerns
and by $40,300 due to a correction in the total amount of irrigated acres. The original budget
incorrectly included acreage that is not within Zone D. The corresponding assessment went
from $355 to $259 per EDU for Zone D, for a single family home. Table 2 indicates the
original budget before adjusting the acreage and the revised budget. In addition, Table 2
breaks down the cost per equivalent dwelling unit (EDU) by product type.
TABLE 2
Cost/EDU bv Product Tvve
Zone D - Salt Creek Original Revised Estancia Chapala Cabo
(SFD) (Townhomes) (Condos)
Account Title Budget Budget I EDU 0.8 EDU(2) 0.6 EDU
Utilities $45,230 $32,310 $76 $61 $46
Trash collection & disposal 2,800 0 0 0 0
Servo to maintain buildings, 720 260 I I I
structures & grounds
Other contractual services 91,440 64,160 152 121 91
Landscape supplies 2,550 0 0 0 0
Materials to maintain buildings, 5,300 2,650 6 5 4
structures & grouuds
Subtotal $148,040 99,380 235 188 141
City staff services 17,440 9,980 24 19 14
GRAND TOTAL $165,480 $109,360 $259 $207 $155
Units 166 216 141
EDU'S(l) 423.4 166.0 172.8 84.6
(I) Due to a correction in the spread to be consistent with the spread approved at the time Zone E was established, the total EDO's went from
466.6 to 423.4 after the notification process. This results in the costlEDU increasing which is more than offset by budget reductions and
the acreage correction yielding a proposed assessment of $259/year.
(2) Originally proposed in June at I EDU which was incorrect.
\q-~
Page 3, Item~
Meeting Date 8/2194
Prooertv Owners Meetings
Approximately 30 property owners attended each meeting along with a representative of the
Baldwin Company, Rob Cameron. At the second meeting, Baldwin's landscape architect
attended to provide additional information and the City's QWL coordinator volunteered her
time to facilitate the meeting. The QWL coordinator provided the residents a neutral mediator
which was appreciated by the residents. The first meeting was spent eXplaining the process,
district, budget and assessment. The second meeting provided the property owners the
opportunity to formalize their issues and "brainstorm" options to reduce costs and improve the
process. Staff indicated that all issues and options would be brought forward to Council with
the major items presented below. (For a complete discussion of all the issues and options,
please refer to the Attachment A.)
Issues and Ootions
Major issues and options which were brought forward or discussed are as follows:
A) Budget Issues:
1. Why should a neighborhood pay to maintain City land?
2. Who should pay for maintenance of "SR 125" slopes and corridor, biological preserve
areas, and SDG&E areas near towers?
3. What is appropriate budget amount for Irrigation and contractural services?
4. What is appropriate budget amount for trash collection and disposal and for materials
and should these be paid from reserves?
Options:
I. Let City pay for City open space not the residents
2. Let SDG&E pay for land within their easement
3. Let Caltrans pay for slopes (zone D) and "SR 125" corridor (zone A) or
negotiate with Caltrans to accept maintenance of the slopes in future and reimburse the
homeowners after takeover.
4. Let Baldwin pay for maintenance in perpetuity
5. City work for $0
6. Homeowner input on condition of landscaping prior to turnover
7. What is the cost if Estancia, Chap ala and Cabo were considered as separate zones?
8. What is the cost if a homeowners' association (HOA) performed the maintenance?
9. Let the single family attached homes pay for their adjacent slopes through their existing
HOA's.
10. Could landscaping changes reduce the maintenance costs?
11. Contract specifications should be revised to reflect a reduction in the level of service
in order to minimize cost
12. Let everything naturalize/die
\q - 3
Page 4, Item \ '1
Meeting Date 8/2/94
Staff recommended chanl!es based on discussions at public meetinl!s.
Staff has reviewed the concerns and options presented by the homeowners and have made the
following revisions in response to their concerns:
1. Reduce staff costs ($7/EDU) This is done by reallocating Public Works staff cost
between the zones in a more equitable manner.
2. Delete contingent-type maintenance such as supplemental fire clearance ($29/EDU) Staff
agrees that these costs are less likely to occur, and if they do, we could use the reserves
to pay the costs.
3. Make budget/spread corrections ($60/EDU)
4. Form an HOA if the property owners so choose and indemnify the City against a
majority protest. This would give the owners more control over contract specifications,
landscaping changes, the spread of costs, etc.
5. Work with homeowners prior to accepting the open space for maintenance. Baldwin
supports this option.
6. Negotiate with Caltrans in the future, if applicable, to accept the slopes adjacent to the
"SR 125" corridor for maintenance and to reimburse the property owners for
maintenance performed prior to acceptance. This won't be known for a few years.
7. Re-analyze irrigation needs in 3 - 5 years which could provide a cost reduction of
$24,000 or $55/EDU in the future.
Maior areas of disal!reement between staff and the residents.
Staff realizes that there are still differences with the residents. The differences primarily relate
to cost issues and the policy of requiring residents to pay for open space maintenance.
Over the past 20+ years the City has established open space districts which include nearly
10,000 parcels. The majority of the districts are east of 1-805 where there is a significant
increase in open space from properties west of 1-805. The open space concept was adopted
by the City to provide less congested, lower density neighborhoods for the people residing in
the area. In order to obtain the benefits, the areas have to be maintained to preserve the
appearance, if irrigated, and to provide brushing, if natural, to reduce the fire hazard. These
are all items which enhance the neighborhood's privacy, beauty, and property values making
it a desireable place to live. The cost of maintaining the open space areas have been the
responsibility of the benefiting residents in each area as the open space districts were formed
prior to occupancy of the units.
The residents of Salt Creek I are opposed to paying for the maintenance of the areas adjacent
to their development and disagree with the level of maintenance as well as other details of the
administration of the contracts for the maintenance.
Past policy is that all the residents within the subdivision pay for the cost of maintaining
common open space facilities. The slopes along the major streets, and above SR 125 were
created by the subdivision and provide a separation between the road facilities. The slopes
provide a benefit to the neighborhood by separating the homes from the road. The SDG&E
easement also had slopes constructed by the subdivision in order to create the lots. The
undisturbed portion of the easement has a very low cost factor.
\q-&.t
Page 5, Item19-
Meeting Date 8/2/94
There was concern about costs of irrigation, city staff, trash removal etc. Staff has had over
20+ years of experience in developing budgets for these districts. Granted, we don't have
actual bids for the maintenance contractor, but staff estimates are believed reasonable.
All the points listed earlier in the report as well as other issues and options raised at the
neighborhood meetings are discussed in detail in Exhibit "A". (attached).
Recommendation
Staff recommends the assessment schedule for Zone D for FY 94-95 be as shown in Table 3.
Zone A
TABLE 3
Zone D TOTAL
Monthlv Pavment
I EDU $9.32 $258.30 $267.62 $23
0.8 EDU 7.46 206.64 214.10 18
0.6 EDU 5.60 154.98 160.58 14
The proposed revised assessment /EDU has been lowered from $355 to $259 per year. This
is much closer to the mean assessment ($235 per year) charged to the other 10,000 parcels in
the eastern area.
The report before Council includes the above staff recommendations and the assessments in
Table 3 reflect the reductions of $7/EDU, $29/EDU and $60/EDU.
FISCAL IMPACT: The proposed assessment would cost the residents $109,360 ($259/EDU)
to provide revenue for maintenance of Zone D's open space and the reserve (50%) for Fiscal
Year 1994/95. If Council chooses to implement other options outlined in this report, the impact
to the City could be as high as $2 million annually.
Attachments: A - Issues and Options
B - Open Space Diagrams ~
C - Budget Worksheets
D - Meeting attendance ~C
wpe M,lhom,I'D8inoe'\'8,nda\wn,d ~~
E - Property owner correspondence ~
F - Baldwin's disclosure forms (reduced copies)
G - Council approved disclosure form
~(j
~O~ 072994
\Q-'5/,q-J,
RESOLUTION NO. J 7"~o
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED,
APPROVING MODIFICATION TO THE ENGINEER'S
REPORT AND LEVYING THE ASSESSMENTS FOR FISCAL
YEAR 1994-95 FOR EASTLAKE MAINTENANCE DISTRICT
NO. 1 - ZONE D
WHEREAS, at the Council meeting of June 14, 1994, Council
directed staff to meet with the property owners of Salt Creek I to
discuss the open space (Eastlake Maintenance District No. 1 - Zone
D) budget and proposed assessments for FY 1994/95 before Council
would consider levying the annual assessment for Zone D; and
WHEREAS, Zone D's improvements consist of landscaped
parkways adjacent to the development, large landscaped slopes south
and adjacent to East H Street continuing southerly along the
"SR125" corridor, preservation areas for the Otay tar plant and for
coastal sage, landscaping within the SDG&E easement and landscaping
on manufactured slopes surrounding one of the SDG&E towers within
their easement; and
WHEREAS, prior to the adoption of this resolution, the
city Council has caused the formation of various districts under
and pursuant to either the Chula vista Open Space District
Procedural Ordinance ("Procedural Ordinance"), as contained in
Chapter 17.07 (adopting in substantial part the 1972 Lighting and
Landscaping Act ("Act") as contained in Streets and Highways Code
section 22500, et seq., or pursuant to the Act itself designated as
follows:
Eastlake Maintenance District No. 1
WHEREAS, in accordance with the Procedural Ordinance, the
city Engineer has prepared a report on the spread of assessments
for said Open Space and Maintenance District ("Engineer'S Report");
and
WHEREAS, on April 19, 1994, the City Council approved the
Engineer's Reports and set June 7 and 14, 1994 as the dates for the
public hearings; and
WHEREAS, on August 2, 1994, the City
modifications to the Engineer's Report
Maintenance District No. 1 Zone D; and
Council approved the
affecting EastLake
WHEREAS, staff recommends that the assessment schedule
for Zone D for FY 1994-95 be as shown below:
/'1 - '7
Zone A Zone D TOTAL Monthly
Payment
1 EDU $9.32 $258.30 $267.62 $23
0.8 EDU 7.46 206.64 214.10 18
0.6 EDU 5.60 154.98 160.58 14
WHEREAS, the proposed assessment reflects a reduction in
staff costs of $17/EDU and deletion of contingent-type maintenance
estimated at $5,350, or $13/EDU.
NOW, THEREFORE, BE IT RESOLVED as to Eastlake Maintenance
District No. I, that the City Council of the City of Chula vista
does hereby find that written protests against the proposed
assessment increase have not been made by owners representing more
than one-half of the area of the land to be assessed from the
improvement and confirms the diagram and assessment contained in
the Engineer's Report, and orders the open space and maintenance
facilities to be maintained. The adoption of this resolution shall
constitute the levy of the assessments as propose in the
Engineer's Report for the 1994-95 fiscal rand t forth
hereinabove for Eastlake Maintenance Distri t o. 1 - ZeD.
Presented by
John P. Lippitt, Director
of Public Works
C:\rs\zoneD.ass
Iq-<6
AUG 02 '94 10:58 BALDWIN CO. 619 259 824280088888
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Craflsmanship in building since /9$6
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~uiust 2, 1994
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Honorable Mayor Nader
Members of the Chula Vista City Council
CiTV OF CHULA VISTA
276 Fourth Avenue
Chula Vista, California 91910
Honorable Mayor and Members of the City Council:
I want to apologize, as I will be unable to attend the City Council hearing this evening
regarding the Salt Creek Landscape Maintenance District. 1 have worked closely with the
homeowners and City staff over the last month and a half to address the homeowners
issues, and fully intended to appear at your hearing. Unfortunately, the date of the
hearing was rescheduled three times and ended up being scheduled durini the one week
in which I had indicated that I had a long-scheduled vacation. As Kim Kilkenny is also
on vacation, and both Fred Arbuckle and Greg Smith are no longer with the Baldwin
Company, we do not have any company representative sufficiently familiar with the Salt
Creek community who will be able to appear.
With this in mind, I communicated with several ofthc principal spokes persons for thc
homeowners over the last couple of days. Bused on the work thut we have done to date
on this issue, they indicated that they did not have any objection to our being unable to
appear. In several cases they indicated that they had no objections to thc Staff's current
recommendations. In other cases. they indicated that they had objections, but that these
objections did not involve issues that could be addressed by the Baldwin Company-
For the record, Iwill reiterate that the Baldwin Company supports the Staffs
recommendation. The Baldwin Company opposes deletion of the State Route 125 slope,
, or any other areas, from the Landscape Maintenance District. Statl'deserves credit for
._ _ reducing the annual assessment that will be charged to Salt Creek owners from the
previously estimated $355 to the currently recommended $259 per EDU. As I discussed
in earlier correspondence to you on this issue, the original disclosure forms signed by the
homeowners estimated that the LMD annual assessment would bc $426 per year. Staff's
recommendation is a considerable savings.
Poat-ltN brand fax transmittal memo 767'1
To ....m
Fax'
//~~.
1 Diego. CA 92130 . (619) 2S9-2900
Honorable Mayor Nader
Members of the Chula Vista City Council
CITY OF CHULA VISTA
August 2, 1994
Page 2
Obviously, if any issues arise that need to be addressed by the Baldwin Company or if
you have any further questions, I will be available next week when I return. Again, I
apologize for being unable to appear.
Sincerely,
THE BALDWIN COMPANY
~=~. (101M=t?p'1 r@c
Vice President
Iq- 1-0
~/J
Chula Vista City Council
276 Fourth ave
Chula Vista, CA.91010
The HonOIllble Tim Nader
A1lerattcndingseveralcommuru''''m'etm' g-m' thc-"'l' ,q"_.\-~,,, .0"".0', ";. H .1,. '-'" r," 00'
. ") I.. ~'1. .,.,.1J. ..l,,~. UJj... '.<J.l '-~'.1 ..c'..J-.... '- ........-... _.~ -r ~.. "'1"--- .--
assessmt:nt for Zone D ofEastlakc: MainteJlliil~~ llimCl ~~v. 1. I vLli:1.i..il.c~ II ",u~i vf ~I~ .i....\~c;J ~w~i'
recommendations to Council on this issue as made aVallaole on Juiy l~th 1 YY4. Alter readm!, this report. 1 have
grave concerns a-', to inconsistant statements Hno missing inrnrrnfttirm v..,;fh n'g:1rrl,-: to f(ide.: ~Te,pnfE'rl H1 Hw
meetings which are not reflected in this revised report.
Item 1: The revised report states that the heanng on the assessment lor L.One U was closed Alter re'.1ewUl!' Ule
video of the last Council meeting where thi" matter W(l~ presenkrt M<.; n~r...t Vlnnly ,,!,p('ifir(111v :~"h.rllh:11 h":~";T1:
on th!!; matter would not be closed. She \-vas Assur,;d by C,'illl.:i1 t~:::: .t:. m:::":: :.... :1 r..::~.;:i:j.:~ ',,' ,~(',::.: [' \~'.J~d
remain open.
Item 2: On page 4 of the revic;erl r~cnmmenri~h()Tl h:v ~tlilT thr' rPTlPrl ",j;~lf'" "'nit' "lorl''' (lhm',.' SR 1? C; \\<-'1" crf:alr>d
by the subdivision and provide a benefit to the nc1g'hb,:-rhood b) ~;;:f';;:::'~::e ~~:: hCr71:: f,:i~\ .~.: ;-:':':--!
I spoke to City t:ngine~r DOIUla Snydt:r at each ufthc lneellng:::. JCgi1.iili.tlj.::, ih,"- 1."l)JU....Dl.'> Ul UI~ H~;:,idCjl[."" Uf~~.vIIC iJ
who feel that the SRl25 comdor slopes should not be mcluded Ul Lone Ulor me lolio"1ng reasons:
a) Both Ms.Snyder and the Cal Tr;lIlS project ;,apcn~:',)l ["1 :::r..l ~.~ :;t<t::'.~ Ul:;.t ~.': .-~:'~'. ~ JJ'XI.:- C __ ,-:, 1 :-~
corridor were made larger and Sleeper to dl.A.:OnUlIOddlc UlI;; pwpu~t:;J i\Jdllt'\'uY. In dJ..iiliun, SIUPCI') j~}l un .LiIU uf!
ramps were created and graded that were in no way reqlUred bv the houslng development Tlus addJMnal and
premature grading was done for a rou1e which hft~ n0t y~1 ht'ffi appnwen hy C:;,ltr;.jn" ~ml mHY 1" fh-t he illp~~:11
according to Senator Steve Peace. This grading cJused:1 brg,;, :m~ :'P~"'crl.';!':-::: crC':::~C'r:. i..c'!1tJl pr(;b1c;;:, b.t SJ':"::=- ~::
city future expense aI}d created a cost effective \'vet)' for BdlJ."'1H Lv io:;Ul:-.i.i;f..,Ulc ""vti ",,1u\..-;. w'uulJ v~ICrV\i;:'1;; lt~C;U i.ll
be hauled away.
b) The Residence of Zone D de n0t bencEt from th-.: SR! 25 ~Orrid'::T c.j t}, _ 1~j'2;~ .<.: ~ .~,11 ~ :'JC :~:;'.:: ~J.2.:' :":'-~'
other Chula Vista taxpayer driving on any lughway adjd.L;cHtlu uw l,;iLY. ~H ld.l'l, ~rdl5 ita.:) f..,C[;H ~~I..al'uI;;U ~ d
"trucking route''from the Mexrcan border.This will only cause nOISe pOliunon ana decrease our property value II
SR125 becomes a ton road, rf"sinents ofSH1tcre~k willl-lP -in Ih,~ I1n;rrll' ~\")<-:lt;nTl nf!,:--l:rin~J for th"llr h''-'l' of
roadway slop~s, th..:n paying t,J us;,; L."-l':: road to driy.::. to \'--:::~~~
c) It may be argued that since on and oll'ramps have aireadv oeen l'fOdea at lhe clJJerT10n ot the C11\'. me:"K 12)
corridor is no longer open sp€lce lTl Iht' pllH.<-:.' oefinitinn hill a rO:-tdv,i:-tv which 1" ;tlP;'Ir1:1 in !'re1imin;-lf"~! cpn...ll-qch;m
stages.
The citizens present at the mee1Jn!'S were told several1m1es by staft that this mlorrnanon woula Oe mcluded m a
report to counsel. I sincerely hope th('lt the issue ofr~TTw"ing the high mHlnteniincf: sll11'1"" pfS? l?<<\ from 7.oTH;' n
was left out the report as an oversight, and not as on effort tc !:'ep this issue "!L.,~'r the :orpc~ "
One last concern that appears to be a ongoing problem. The people m lone 1J cannol have a clear malonty of
landowners represented while the developer (Baldwin) owns Ihe m.jo,.;ty oftl", 1.T1,I Th,> rih, :1T1n R.I,lwiT1 hnth
benefit from the creation of the SRI25 corridor and ramps>whil~ the t:JxPF'" "ti" t'l: CU]]e'''. Thece "proOf' :c be
alot of "backscratching" going on between the City ufChuIa 'list.. and Bolclwin atilte ""~"n.e oril,e ",u"n; whu
hve in the city and support it's growth. This IS not only unethicai but may also be illegal
) 9 -II
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Attachment A
Issues & Options
A) Budget Issues:
1. Why should a neighborhood pay to maintain City land?
The open space to be maintained by Zone D was a condition of development of Salt Creek I and is
an integral part of the development'S tentative map approval, density, landscaping plan, etc. The
,pm ,,"," """ "'" ,,,mud" "" GUy in f" "'~ " _~ ," GUy " fiN"'" "" """""",,,,' 0[
these areas via the Landscaping and Lighting Act. If the City had not accepted these areas as open
'P"" """ ..- -'" "'" "m ,....''''" ,,-' ..""" -" ~"....'"
Either way, the residents would haVe been responsible for paying for the maintenance. This is the
standard in most of eastern Chula Vista when development has common open space areas.
2. Who should pay for maintenance of "SR 125" slopes and corridor, biological preserve
areas, and SDG&E areas near towers?
"" 'SR 125' ""miD' "'" _ ..- '" " " "","","'" " "" EJMD1 "'" """" -'" ~I
0[ ""Wd "'" ",,,,,,,. 1. "'" "'" ""'""" in "" ,ri,"", ",,,,,,'''''''''' f" EJMD1. ,,'
Creek I (Zone D) is responsiblefor maintaining the slopes adjacent to "SR 125". These slopes abut
the Salt Creek 1 development and were the result of the grading for Salt Creek 1. The landscaping
on these slopes provide erosion control and extend the Salt Creek 1 landscaping concept around the
perimeter of the development.
As a condition of development, the biological preserve areas were dedicated as open space to ensure
,/wi _iDp- did ,m "", in ...., """- ,-" ,,,.,. "" """"",,,,' """",,,,
_ ...., "", "",,", primnri. 0[ fi" ",""""" "'" ""_'" ""," _. "" SDGtJi
",-" '''~ "" '" '"' ","",,'" " " -iop<d '" - ,"""" " ~, ,"
development of Salt Creek I. Landscaping was provided to protect these denuded areas. The
development of Salt Creek I, approved by council, was allowed with the condition that these areas
which require maintenance as a direct result of the development be maintained by the open space
fi""''''' """",,,... "" P"I"'" _n do '"' "'" .... ,"" ..- - - """",.
the slopes resulting from the grading of the subdivision and the "SR 125" corridor.
Using special assessments to pay for maintenance of these open space areas, dedicated as a condition
of the Salt Creek 1 development, charges the owners most benefitting from the improvements.
AI ,od< _ ~ "" ",,,,-0[.- " """", " C41<""" "" """,,"""" '"" ~ '" "",',
,,""~"""" ""oil _ ,,_ '"' """", '" "',,'" ,_. "" ",,,,.0[.- "P"''''.
maintained by Zone A and includes Salt Creek I, and Eastloke I. The adjacent slopes are to be
maintained by Eastloke I's Homeowners Association and Salt Creek I, respectively.
3. What is appropriate budget amount for water, electricity, baekBow preventer
certifications, and contractual services?
The residents are concerned that the irrigation requireme1lts are unreasonably high which also affects
'" ,,,,,," _ _,. Sloff "'" _ '" -" ,..- - '" -- .......'" ,""
-1- ~ /t-l7.-
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designed the project and the amount of irrigation budgeted on a per acre basis is consistent with the
landscape architect's recommendation. The amount budgeted is based on historical data compiled
by the City's open space coordinator. As an additional check, Baldwin will be providing staff their
current costs for irrigation. Baldwin's costs are expected to be higher because irrigation needs are
greater during the first year of establishment of the landscaping.
The backflow preventer certifications were originally budgeted at $40 each based on historical data.
Subsequent to budget preparation, bids were received which were approximately half that estimate.
The proposed budget has been revised to reflect this new infomJation.
The residents are concerned that the budget for contractual services, estimated at $64,160, is
unreasonably high. The budget is based on historical data consistent with the other City Open Space
Districts and staff is satisfied that the budget is appropriate. The budget reflects an annual
maintenance contract cost of $5,750 per acrefor parkways, $4,310 per acrefor irrigated slopes and
$500 per acre for native areas.
4. What is appropriate budget amount for trash collection and disposal and for materials
and should these be paid from reserves?
Included in the original budget were maintenance items for standard and supplemental fire clearance
and debris removal associated with native vegetation. This work may need to be peiformed but the '
residents requested that they not be assessed for these items. Rilther, the residents would like these
funded from the reserve if needed. The supplemental costs have been eliminated from the proposed,
revised budget and if these services are needed, they will be funded by the reserves.
S. What is appropriate method for allocating staff services?
The property owners would like staff to consider other ways of spreading staff costs. Park and
Recreation staff costs are currently spread on each zone's percent of the total district budget. Council
directed staff to use this when the Eastlake Maintenance District No.1 (ELMDI) came on board
because the budget W(lS very small in comparison to the number of homeowners in the district.
Previously, the costs had always been spread by parcel throughout all districts. If the City had
continued to spread costs by parcel, ELMDI would have been responsible for an inordinate amount
of staff costs although the staff time spent on the district would not justify that cost.
Public Works' staff costs have in the past been spread the same as Parks' and Recreation staff costs
within the ELMDI zones. In response to one owner at the April meeting, staff reviewed the method.
Since Public Works' staff time is not proportionate to the budget, but rather to each zone and each
corresponding assessment type, the staff time allocation would be mare equitable if the cost is spread
equally between all zones in ELMDI. This is also consistent with how Public Works' spreads their
costs per district, typically $700 - $900 per district. Additionally, the amount originally budgeted
was based on a consultant's cost and the work is now being peiformed by staff at a savings to
ELMDI ofmare than $5,000 per year. The proposed, revised budget reflects both changes.
6. Why are Parks & Recreation p.lIffing costs so high (9% of the budget)?
The staffing budget for this zone is consistent with the other districts in the City. Staff does not
concur that the cost is too high.
- 2 -
~
/1- /3
7. Is it appropriate to require performance bonds?
PerfoT7TUlnce bonds cost the property owners approxi1TU1Jely 2 % of the landscape maintenance
contract, or $2. 93/EDU annually. Staff requires perfomumce bonds based on the City Attorney's
advice. The residents did not want to pay for the "insurance" but wanted instead to use the reserve
if needed for contractors in default.
8. What will the condition of landscaping be when turned over to the City?
The residents are concerned that the City will accept the open space areas for maintenance from the
developer in a substandard condition which ultimately would cost the residents more money. The
Parks and Recreation staff require the landscaping to be in satisfactory condition prior to acceptance
of the open space areas for maintenance by the City. As insurance, the City requires the developer
to post a bond for landscaping which is not released until the City approves the landscaping for City
maintenance.
B) District Organization Issues:
1. What is the cost if Estancia, Chapala and Cabo were considered as separate zones?
The project was developed as a whole, not three separate areas. Grading, slopes, and density are
all interrelated. Staff suppons Zone D, as is. However, staff has analyzed this option and the
resulting figures are: Cabo= $8,400 ($60/unit); Chapala= $68,000 ($320/unit); and Estancia=
$32,600 ($196/unit). According to the spread approved by Council in 1991, the costs should be
spread as follows: Cabo= $155/unit; Chapala= $207/unit; and Estancia= $259/unit.
Property owners made decisions on purchasing their homes based on the existing spread. Staff
would expect Chapala residents (townhomes) to oppose this option.
2. What is the cost if a homeowners' association (HOA) performed the maintenance?
For the same level of service, there is no clear evidence that there would be cost savings under HOA
control. Staff believes that the costs outlined in the budget are realistic whether the work is
performed by an HOA or open space district. The HOA option was investigated by OSD 24, Canyon
Views, and the developer and residents indicated to staff that it would cost more if the HOA
performed the maintenance. Additionally, the property owners of Salt Creek I did not indicate any
strong suppon for this option.
C) Landscaping Issues:
1. Could landscaping changes reduce the maintenance costs?
The residents asked staff to consider the impact of replacing the landscaping on the slopes with non-
irrigated native plant 1TU1Jerial. Replacing the existing landscaping would impact the appearance of
the slopes and would cost approxi1Tll11ely $300,000 for the 11 acres oj irrigated open space.
Ulti1Tll11ely, this would reduce the on-going maintenance cost with the break even point esti1Tll11ed at
10 years. The property owners would need to agree to pay for this change.
- 3 -
~
I~- 14
In addition slopes along East H Street corridor are highly visible and provide the entrance
landscaping into the Salt Creek I development. The concept was developed by Baldwin and approved
by the City both for aesthetics along a view corridor and erosion control. The landscaped slopes
adjacent to the "SR-125" corridor are not as visible and this is a potential area for saving money
with less impact to the aesthetics. Baldwin's landscape architect believes that after 3 - 5 more years
of maintenance, the plants would establish and survive with less irrigation. This is a potential area
for cost reduction, estimated at $24,000 annually in the future. Although not recommended by staff,
the residents would like the City to consider deleting all maintenance on these "SR 125" slopes which
would save the property owners $48,000 or $110/EDU annually. Baldwin does not suppon this
option.
Any major change in landscaping needs to be considered by all property owners, including the
developer.
2. Contract specifications should be revised to reflect a reduction in the level of service in
order to m;n;m;7.e costs.
Following discussions with the landscape architect who designed the project, it is the opinion of staff
that the specifications of the contract are appropriate for the various plantscapes used on this
project.
Cost savings in the future may occur as the landscape matures by downgrading the level of
maintenance required. It is the opinion of the landscape architect that the erosion control slope
plantings will become substantially less labor intensive after a period of 3 to 5 years. This
corresponds to the length of existing renewal periods of City contracts. When the original contract
period expires, the maintenance requirements of the slope areas will be downgraded when next put
out to bid. It should be noted, however, that due to the size and steepness of the slopes and the
purpose of the plantings, i.e. erosion control, the designing landscape architect advises strongly
against the abandonment or cessation of irrigation of the slopes at this time. Even at maturity it is
recommended that the slopes be supplementally irrigated at least three times each summer. Staff is
in agreement with the designer that the slopes can be gradually weaned of water over a period of
3 - 5 years but that immediate cessation of irrigation would jeopardize the survival of the existing
vegetation.
In summary, it is the recommendation of staff that the specifications of the contract remain intact and
that the maintenance requirements of the slope areas be downgraded when the first contract period
comes to term and the project is rebid in 3 -5 years time.
D) MiscelIaneons Issues:
1. The development company's disclosure process needs improvement.
The property owners felt that disclosure of this assessment was not successful, although Baldwin did
prepare the document and state the amount in the disclosure (see Attachments F and G). Baldwin
is investigating ways to improve their disclosure techniques, such as re-training sales staff,
delineating cost figures by Mello-Roos, assessment districts and the maintenance districtfor showing
a typical monthly instalbnent, adding the column on the disclosure form to show the open space
assessment, revising the title of the disclosure to be in red, 36 point type and including a better,
more complete description of the facilities to be maintained by the open space district.
-4-
~
ICj -I '5
The Council-approved disclosure includes the following features:
1) Signature
2) Table of each annual installment by district
3) Title in red, 36 point type
4) Pay-off option infomu1tion
The forms prepared by Baldwin generally included all required information plus more.
2. Who-is the Baldwin contact for problems?
Roben Cameron, Vice President of the Baldwin Company indicated that residents may contact him
regarding any Baldwin/resident issues.
Options in ResDonse to Issues:
The property owners requested that each of the following options, developed in response to the
owners' concerns, be analyzed for Council's consideration.
A) Budget 'Options
1. Let City pay for their open space not the residents
Using special assessments to pay for open space maintenance charges the owners most benefitting
from the improvements. Staff suppons the district as approved in 1991 because it charges the owners
who benefit from the development of which density, home prices, slopes, landscaping are all
interrelated.
Paying for open space dedicated in conjunction with the Salt Creek I development from the General
Fund instead of special assessments could set a precedent that would be very costly to the City.
Residents in other existing districts may look to the City to fund their maintenance, too. The
potential fiscal impact could be $2 million annually from the General Fund.
2. Let City maintain biological reserves (coastal sage and Otay tar plant)
The property owners objected to maintaining these areas andfelt that there should be no maintenance
of these areas anyway. The maintenance typically consists of fire clearance and debris removal.
The maintenance is estimated to cost $3,192 for standard fire clearances and $6,145 for
supplemental fire clearance and debris removal. Staff explained that these areas may require fire
clearance and debris removal. Costs of $6,145 for supplemental work are not included in the
proposed, revised budget. This is a depanure from past practice but as a compromise, staff sup pons
not including a cost in the budget for these items. If needed, the work will be paid for from the
reserves to provide that type of maintenance. This maintenance is not necessarily needed annually.
3. Let SDG&E pay for land within their easement
The landscaped slopes within the SDG&E easement are a result of the grading for the Salt Creek 1
development. SDG&E maintained these areas prior to grading but the areas were 'UlIive requiring
-5- ~ IO}-I-b
'minimal maintenance, if any. Staff recommended and Council approved these areas to be maintained
by the residents of Salt Creek I which is consistent with other City open space districts.
4. Let Caltrans pay for slopes (zone D) and "SR 125" corridor (zone A)
As the SR-125 alignment has not been adopted yet, it would be premature to request that CalJrans
pay for the maintenance of the corridor (Zone A) or adjacent slopes (Zone D). However, CalJrans
will peifonn the maintenance for areas accepted by them for "SR 125".
5. Negotiate with Caltrans to accept maintenance of the slopes in future and reimburse the
homeowners after takeover.
The property owners would like the City to work with Caltrans to accept the slopes adjacent to SR
125 for maintenance if this alignment is chosen. Reimbursement could be a condition of transferring
the right-of-way to the State. This option would increase the cost for the State and staff doesn't see
an incentive for Caltrans or CTV to accept the slopes for maintenance.
6. Let Baldwin pay for maintenance in perpetuity
As a condition of approval, the City required Baldwin to pay costs to establish an open space district
to provide for the perpetual maintenance of the Salt Creek I open space areas. It is not a condition
of development that Baldwin maintain the areas in perpetuity. To require this is not practical since
development companies have difficulty, if even possible, in obtaining a bond to guarantee perpetual
maintenance. Or as an alternative to a bond, the City could require cash security wherein the City
could utilize the interest to peifonn maintenance. This would cost the developer over $3 million.
7. Low-ball estimate for bid process, get more for the money
Property owners are concerned that the budget is inflated and will result in high bids. A possible
alternative would be to provide contractors, if requested, a bid estimate with a range of costs
wherein the budget figure represents the upper end of the range. Staff feels the budget is realistic
and does not recommend this option as it may encourage improper bids which may result in
contractor default. Additionally, all contracts go through the City's established bid process which
enhances competition.
8. Use known costs rather than estimates, basing assessment on something other than the
budget; issue rebate checks
Baldwin Company provided the City with draft figures representing their current costs over the last
year. Their costs are similar to the City's estimated costs used to prepare the budget. Consequently,
staff supports using the figures outlined in the proposed, revised budget. If the actual bid and utility
costs are less than the estimated costs outlined in the budget the assessment could be lowered the
next fiscal year or if the actual costs are substantially lower (over $50) refund checks could be.
issued. Processing refund checks does create additional administrative work which may not make
this option cost effective. On the other hand, this addresses the property owners' issue that in
today's economy, they would rather have minimal costs now and not a lower assessment in some
subsequent year.
- 6-
~
I~- 17
9. Review budget and consider reductions to obtain a minim,,! budget and corresponding
assessment.
Propeny owners would like the maintenance cost to be reduced as they do not feel thaJ much money
needs to be spent to maintain the open space areas and landscaping. The proposed, revised budget
reflects reductions of $15,820 thaJ will not substantially impact the level of service. The items
reduced or eliminated include supplemental fire clearances and associated debris removal and
landscaping supplies. The other budget figures are based on historical data compiled by the open
space coordinator and it is staff's opinion that the proposed, revised budget is reasonable.
10. City work for $0
If the City were to provide staff services at no cost to this district, it is likely thaJ this would become
an issue with all other open space districts. It would be difficult to subsidize one and not another.
If the City did not receive reimbursement for staff time from any of the districts, more than three full
time employees would have to be funded through another source. The fiscal impact would be
approximately $200,000.
11. Pay "hard/direct" costs only but not staff costs
The bulk of City staff services is in staff costs, not postage, mailings, etc. and the fiscal impact to
the City is nearly the same as stated in the above paragraph.
12. Pay performance bond from the City attorney's budget as it was his requirement
This option would save the owners $2.93/EDU annually and would cost the City $1240 annually.
Additionally, this would set precedence for all other open space districts and consequently would
have a much greater impact on the City'sfinances.
13. Homeowner input on condition of landscaping prior to turnover
Propeny owners were concerned that staff would accept the open space for maintenance before
addressing all landscape issues i.e. snail infestation. Homeowners requested thaJ they be consulted
prior to acceptance of the open space areas for maintenance by the City. This is done in other cities
that Baldwin has worked with and is acceptable to staff. Staff agreed to work with the homeowners
prior to acceptance of open space for maintenance.
B) District Organization Options:
1. Let the single family attached homes pay for their adjacent slopes through their existing
HOA's.
In order to split the zone into some private and some public areas, an engineer's repon would have
to be resubmitted indicating thaJ the benefit area of the 1991 repon does not reflect the most
equitable method for spreading costs and thaJ the improvements really benefit other areas. Staff
recognizes that there are various methads for spreading the costs based on benefit. However, staff
suppons the current methodology approved by Council in 1991 which spreads the cost of all the Salt
Creek 1 open space areas to all the residents of thaJ development. The entire development, from
tentative map approval to grading and landscaping, has been approached as if this is a distinct
neighborhood. The approved benefit area and methodology is consistent with this approach. .
- 7 - ~Jq - I ~
2. Overall HOA for Zone D
For the slopes and open space areas to be maintained by an BOA they should be privately owned.
The basic argument for private ownership is that the owners will be directly responsible for the
maintenance and liability, and, therefore, the cost. The cost of maintaining will still be spread
among the same number of people however under an BOA those people would have a greater say
in the level of maintenance. The Planning Department believes that the maintenance of prominent
slopes along street frontages should generally not be left to the uncenain quality of private
maintenance by a small BOA or by individual homeowners.
"
Should Council favor the option to tum the maintenance over to BOA control, the property owners
would need to fonn a legal BOA and the City would need to grant the open space lots to the BOA,
with the grant deed containing a revener clouse should the City deem maintenance to be inadequate.
This would allow the City to take over maintenance again if the residents chose to cut costs by
lowering the maintenance standard resulting in an unacceptable appearance of the area. If the City
chose to do this, there would likely be a high cost to reestablish the landscaping. Also, small BOA's
typically lack a sense of consistency as propenies change hands or boards of directors change. For
example, OSD-12, Chaner Point, where the open space is maintained by the BOA and not by the
City, the landscaping has been changed twice in four years.
If the City allowed the open space to be maintained by an BOA and subsequently (for any reason) .
decided to take back control and assess the owners for maintenance, new legislation (October, 1993,)
could prevent the City from imposing an increase in assessment. The increase would occur by going
from private to public maintenance. The City could mitigate this potential problem by placing a
condition on the grant of open space to the BOA. The condition would be to enter into an agreement
to indemnify the City against a majority protest which would overrule an increase in assessment.
There is the possibility that once the BOA takes over the maintenance, it would be impractical if not
impossible for the City to take it back and raise assessments adequately to re-installlandscaping and
provide a higher level of maintenance.
C) Landscaping Options:
1. Let everything naturaIize/die
If all areas were left unirrigated and not maintained, the landscaping should eventually naturalize.
During this transition, there is a potential for erosion problems. Some property owners may not
suppon this. Baldwin does not suppon this option. As has been done in the past,. stajJwould want
all property owners to be involved in this type of decision, probably by mail-in ballot.
2. Arbitrarily limit the assessment to $lOO/year
This option would limit revenues to $42,000 per year or approximately 40% of the proposed revised
budget. To accomplish such a drastic cost reduction, irrigation and maintenance of slopes would
need to be eliminated impacting aesthetics and erosion control measures.
The proposed assessment of $259 to provide $109,360 in revenue is slightly above the mean costledu
($235) of all City districts.
- 8 - ..A-t
19-11- iii8
D) Miscellaneous Options
1. Property owner impact on decision to levy assessment
The property owners feu that they would have more leverage with the City if Baldwin would sign the
petition opposing the assessment that was presented to Council during the two public hearings in
June. Staff indicated that the hearing was closed.
The Baldwin Company (representing 60% of the assessable land area) indicated that it would not
show good fiiith with the City for the Baldwin Company to sign the petition as the open space and
all open space items were conditions of approval of the Sah Creek I development.
2. Get more homeowners to Council
The property owners feu that they would have more leverage with Council if more homeowners
attended. In the development, 87 property owners representing 22% of the assessable land area,
opposed the maintenance cost and corresponding assessment of the district by petition. Additionally,
30 property owners attended these open space meetings and did work outside of those meetings by
notifying/informing residents and gathering information. This demonstrates to staff the strong
concern over this assessment and also the willingness of the owners to work with staff to find
solutions. Whether or not more homeowners attend, it's evident to staff that the assessment is an
imponant issue with the residents.
3. Site visit by Council of the Salt Creek I open space
The property owners would like Council to visit the open space areas.
m: \homc\cnginccr\agcnda\zoncdatt
- 9 - ~ lelf-..eo
.J-\e
IEDU
r-
C-'-.-/l
.............
~\~6-L:E ~A.M\C
RANCHO SAN MIGUEL
Low DeneItr Rellldentt.l
-I_I
.~r ':-lor.!
_I
LOr"
_I
Lor c
WIW.8 LOCATED II OPI!H "ACI! I.OT8
..... TRAN8PAAENT 80lItD WALL
- ..~ BLOCK WALL
..... WROUGHT RON FEfrd
aa.a. WROUGHT IRON FENCl!OV!R ~ BLOCK WALL
__ WOOD RAL FENCE
. _q._q._. - .-rq
e:ld
...~,..-
'I".J,.,!! . .
, 11"",1.'''' I'.,
'"
13
"
i
d
I
!i
.....
I'"'c" ~ME;:S.
- _..
IS
II
"
RANCHO SAN MIGUEL
Low DeneItr ReIlldentl8l
II
_I
Lor 0
---
II
" ..
I. n
.. ,.
OJ
it
\
_TH
~
. .. --
~
SCALE II FEET
-....-
lEGI!ND . UND8CAPE TYl'E8
8nEET8CAPE
EROSION CONTROL PI.AIf'nNlI
COAST AI. SAGE PRESERVATION ZONE
OTAV TAR PLANT PRESERVATION ZONE
_ _lUTED HYDROSEED
EXHIBIT B
PHASE I
RESIDENTIAL AREA LANDSCAPE TYPE';
~~TI!..~~~ ~~DOOT~OO~OO~~
IO>O~TIRlO~T -1 ~@OO~ 10>
~ ~lL if ~1Pd~~~ 'iI
..
.~_-..!!!U!f!I ~
" . .. A. . ·
[ASUI<[ _1(JWlC[ IIS\lIlCI NO I -.. t
laIC 0 .-. tI!
.. -, .. --... ..."
......
"
..... . l.MIMlCAN TYPD
IIlITIIEET8CAI'I!
EROSION CONYROL PlAN1'IICI
...... __TEO HYDIlO8EED
~
WALLS LOCATEO II OPEN "ACI!
..... TR_ARENT lIOI-'lD WALL ..
- WAOUOHT liON OYER BlUMP
SAL TCREEK 1
Townhome Site
mACT 89-90 UnIt 4
INT.
LOT A
C~-A-pA '-=A
--
INT.
LOT.
-Sl
,
~
~
SAL TCREEK 1
Col.d6........... SIte
--~ .
\
.
\
.....
-
............................... ...
..=
".8-€DU
EXHIBIT C
PHASE n
TOWNHOME AREA LANDSCAPE TYPES
1E&$1FIL&~1E ~&UlM1FIE~&lM(C~
IQ)O$'U'1R10(C'U' m'il ~@lMlE IQ) i
~&IL. if ~WJ~~~ 111
, RANCHO S
I Low Density Rea
~I
d.
~'
"
!i fire Stetlon
,.
~j
NORTH
. ... 100 100
1'\-"1
SCALE II FeET
_..-r."_
SAL TCHt:t:1\ RANCH
Neighborhood Perk
. '2-\(., \\o\.-\tS
J
SAL TCREEK RANCH
" Multl-FlII'IlIy RtItIldentlel
r,
: i
I,
: i
I.
"
il
J::r ._DfUM ""'"''
----- --.---
-
.
.. 1'.' .. . .. ,.
[.sn.M( MAIN'f(NANC( DlSlRtC' NO . ..... c
ZON( D ..........
.... ..., .. ---.... ...,.
~
,
~
~ \ ~r llAt.1c-'..-,- / ~P':"""
- ~ ,,\ ~Af"1'::-:lilnn 4 ~
""-9'. \\ \' '" \~
. ~ I ,\ /"
" '" , V SALTCREEK RANCH
, ,'. \ '. "f Multf-FlIlIlIy Re8ldentl8l
"" '. \ r I UtIIly Eee.-.
" " ' SALTCREEK 1 +f
~. \\ CondoniIUn SIte II
'- \J .~ FIIII.IN CA:BO :
," I ~ LOlA \1
i\' m I
, \ \ --1--~--,----,-m___11
I ~.._-- .----~ :iJ
, I IlOUNoARY'
" \
I' \
'-Ill':' \
p ---'"' \
" "-
, I
. Go E't) U.
EXHIBIT D
PHASE m
CONDOMUNIUM AREA LANDSCAPE TYPES
~~~1iIL~~~ IMI~D~1i~~~~<C~
IQ)D~1rIPdD<C'ii" &I'll &:@~~ IQ)
$~Ib if ~~~~~ iI
tatTH i~
o .. ... 100
11....."I
SCALE II FEET
-......-
\ql ~MtS
EASTLAKE INDUSTRIAL PARK
..... .....
'-
LEGEND . LANllSCAPI! TYPES
,/ ,,', EROSION CONTROL PLANTlNCI
WALLS LOCATED II OPEN "ACE
--- SLIM' &LOCK WALL
...............................
-
.
~fA!r!I ~
0".. ... . "'.'A ;
(AS1l.M( u..ttHNtCt. OISJIbC' NO 1 __ .
ION[ 0 SIlt .... t . t
__ _t.. _____...
..
1.1.'11..f
EastLake Maintenan~e District
Salt Creek
Landscape Maintenance Budget
# Account Title
5251 Utilities $45,230.00
5253 Trash Collection and Disposal $ 2,800.00
5262 Service to maintaip buildings $ 720.00
structures and grounds
5298 Other Contractual Services $91,440.00
5351 Landscape Supplies $ 2,550.00
5362 Materials to Maintain Buildings $ 5,300.00
Structures and Grounds
5291 City Staff Services $17,440.00
GRAND TOTAL............ $165,480.00
Subtotal without City Staff $148,040.00
---e:::l I q- -Q 4
~&\JI>bV
~2.,310
1
2~O
61f,'''O
p'
~,b5D
'1, '1eo
l()q,~bO
qq ~~()
tZ
lI\
I.
I
,
CODE MAP COLOIt DI!SCRIPTION ACRES SQUARE FOOTAG
I GIlIlI!N lmlI!ETSCAPI!, PAIlXWAY %,2.~ IAll 07 I#) 'UII
3 aLUB I!ROSION CONTROL PLANTING, 1!Il0Sl0N CONTROL SLOPI!S If), S-tf I'M JJe., ').nO 134,-
. YI!LLOW NlJN.IIlRIGATED HYDROSI!:I!D, NON-IIlRIGATED SLOPI!S I, / I 1.1112 - ..-
5 PINIl. COASTAL SAGE PRI!SI!IlVATION ZONE, NlJN.IRRIGATED SLOPI!S 5'.16 ~.951' t.2-< ",*0 moW
5 PINIl. OI'AY TAR PlANT PRI!SI!IlVATION ZONE, NON-IRRIGATED SLOPI!S (J.ffle .fIlII ')..'1 ft2.0 19,5311
TOTALS fI,=J.'1 u.. fl.t." or:;n 1,1"''''
SALT CRI!I!X I, EASI1.AKI! MAINTI!NANCE DISTRICT I, ZONE D
DESCRIPTION At.ftllS COSTIACRElYEAR SUlITOT ALo.
TOTAL
nREETSCAPE, PARKWAYS ~.'2.~ ...... $2,931.. $ t;!JIU.)
, EROSION CONTROL PLANTING, EROSION CONTROL SLOPES 110.51 IU6- $2.3'0." $39, "'.M )
TOTALS-WATER ONLY 'U,138.88 >
TOTAJ,.EU!CTIlICITY(2) ONLY ~I.III:?' COST OF WATER X 2.5.. OF WATER COST $ 1,1"," ..,
S44.llO.. X 0.025
TOTAL tTI1LlTY COSTSSALT CREEK I, EASTLAKE MAINT. DIST. I, WNE D I. ....-
Lnunl:.S
WATER(I) AND ELECTII' "'Vl1)
b,5~c.I-
2if, 't't2..
~',5'2."
~6
3~/'3/'f
W_CtIIlI
Partways are ....&<t<d for 36 Inches .., - per year.
Erooion conuol ....... Ift....&<t<d for 29 inc.... .., - per year.
W_ service r... _ 22'1"'_ CtIIlI.
DESCRlP'I1ON WATER REQUIREMENT IN INCHESIYEAR X UNrrsOFWATER PER ACRE INCH X COST PER IlNIT OF WATER - + AVERAGESERVlCEFEES22'1- COSTIACRElYEAR
29
36.3
$1.836-($2399.00)
$1.836-($1933.00)
$531.00
$427.00
$!.9:lO.oo
Sl.360.oo
PARKWAY
SLOPES
36
36.3
E_ CtIIlIIft typitIIIy 2.5'1"'_ CllIIS
4 31../310
-
-1\
.
~
525] TRASIf COLLECTION AND DISPOSAL
PURPOSE: FEE FOIl 40 anllc YAIlD ROLL OW DUMPSTERS USED FOR 11flt REMOVAL OF ILLEGALLY DUMPI!D MATl!RIALS AND DI!1IRts GI!NERATED FROM 11flt
PERFORMANCE OF FIRE CLEARANCES AS REQUIRED BY 11flt FIRE MARSHALL.
, DUM PER DUMPS'reR
10 X S280.00
j!f
5H2 SERVICE TO MAINTAIN IUILDINGS, STRucnJIlES, AND GROUNDS
STATE IlEALnt CODE MANDATED IIACKFLOW PREVENn:R CERTIFICATIONS
, IACICFLOW FREVENTERS X COST PER CER11FICAnON PER DEVICE
II
X
$40.00
-
$'720.00
--
~
AVERAGE IIIACICFLOW PREVENn:R PER EACH IRRIGATED ACRE(43.S60 SQ. FT.)
/~ y. 20 -:..
2"0.0
~
,
N
...J
5Z9lI 0'I1IER CONTRACTUAL SERV1C1!5
ESnMATED CONTRAC1OIt COSft IASI!D UPON HISTORICAL LOW IIIIIS FOR LIItE OR SIMILAR LANDSCAPING.
LANDSCAPE TYPE ACRES
X
COSTIACRElYEAR - YEARLY COSTS
PARKWAY ...1 2.2.3 SS750.00 $1.518.88 ~ /'Z,B'2'3
IRRIGATEDStoPES 16.86 /1).5' 14310.00 m.6'l8l18 .. "'5,'&/o~
=~ci~AL7.74 b.'1:f $500.00 ~ .1,t+B~
Alsoinelall':"~: 6V15J
En~...lt, irriplIoIl.,.. ........ "'. ......715 of -- COllI 7
.... "ft88(_ _) X.01 - $3._.. 3' 1S3() 'I D. () :: Z2.0r
Fin: c1__a1 of illoplly dumped -.. ... ......_.1 plonlinI. \he of Prnb..ion ~b"clll Prison 1- Wort Cn:ws of 16........ eodI day:
, days X .... per cn:w per day - 10hI1 d
10 X t1V1 on - ta~... )'
TOTAL 5191 - 1't,.... ,)8J.~.GO . ~.998.88 I $3._.89)
-)
.,
(PI, qSI + 2-2df- '::.
''Ii Ie-~
-..
-
btf:, /60
5351 LANDSCAPE SUl'l'LIES
PLANT MATERIAL FOR REVEGETATION Of BARE ARI!AS OR SUl'l'LEMENTAL PLANI1NGS. AVERAGES 3" Of CONTRACT COST.
C<JOlofC_ X 0.0]-
_ CDS.MS.. v t.OJ
"551.8'
I
53G MATERIALS TO MAII'lTAIN BUILDINGS, Sl'RUCTIJRES, AND GROUNDS
REPLACEMENI' PARTS mR TIlE REPAIR Of IRRIGATION SYSTEMS ARISING FROM VANDALISM AND WEAR. AVERAGES IZ.. OF WATER COSTS.
W_C<JIl X O.IZ-
"',1)8.88 X 9.11 ~..
:~
~
Z,680-
5Z9I CITY STAFF SERVICES
RElMlltlRSEMI!JIrI' TO TIlE ClTY'S GENERAL FUND mR CITY STAFF ADM1N1STRATION Of TIlE MAINTI!NANCIl OF TIll! DISTRICT.
A. ..........___ SI].ZZO.OO"n ..~^ "" I!2.l'lo'!:f-J = l:l.~'"'7.1:::"
1.93" of.... __' . ........... ofSIlI.lHO.OO 1 ,....." .rT;11'o', 1:^'" ;., ,IJ z;n:, T'" ....
ON...: This ...... is .liahlly .... ...... .... City'" ........ of 10.77" of mai1Ilmance coots.
B. 1!J.gI._I...... ...,."...... 5,...... Element S4,ZZO.OO
? I 100
91 ;'5
-7
'1990
TOTAL 'IT._.811 ~
(]riai..11y demaI . . pro _ share of .... I...... distritt.
~ /a./Q #.A.anJaIlJ.I1f!L J),Bfrrc.f
Sa.II ~re..ek I
. . PUtA4l. siJ-tL, /7t.:
No. I - ~on.t D
>>A~ !dd~~s
5re..-e- VAI...sr-=-. ... ~,,""BPI-tt1A. lUlt''t') 9!v'-.A \f(<SrA.
.. $fl..~AN. NcTMAtJ _ CA80 ~lIfA 0t-UAvlsifiI../ If/''tl~
Ptill1 QuIJ\(\ """L-a~ r&de(D . tVtuUt Ursta. q 1'1)Jl
tfil 4], /'
z~I(-;t7t.. ~III"-LI.I.J ~~II!if;Jd.a> C';lut.!1/1:,J1 crflJ'1
~f:s,ol..a.)~d.+fI1~hd{. Oj~~~l:>qtt6icL" KDI/'(r~+fId <!.JzJ4~'s~ 9/ffY
PJ/;L ~J#W "Bw..eoeeeK. cv. f'H/<I
535- ~Iql. L-oR../ tJcJrnan _ c.cu:v Bo.JlIf/.. UJuPa lkic:... qflt
. efl77/1 Ls Belt...- ~ /!o/k/^1 ;t.ftJ6/i {!flckl1 u,sm'1I'JIY
JJ. ~J F Is-put...- I!IIII/IIf. (loU/Nt:; ;(.,t:l6c CJlc.Jc..rJ U/SM1'17Ij
/-c....)<. 7F ./ - 0 / . /'> 1.1 I
<f;"'-/?.68 . ~~,~j~v/ .... /1d/l1Gl'eck Cf ~c:... [)iS/'l. 961
--J~&" ~(2g"/ ...,.. J-Mc? i;I/fPb'RV ClwM- tll{~. 'iffl!-
ff/lb6'~~7iiiJI~~?P2r~ ~/fffi 7</~
~ ~ -r ~ U~ .--c..h t3~.~f/<f~.~
{l~K.;.JR.. oJ _ GJoc~ ~~V~ CJ:J 9/9/4
(!5vS" l::~T7l.-e7L.. ~ _ /ltA-JI'I-e;t?N 1l,Or.€ II!). C, Ii. M- ~~/9
~~ c:;'/)__ ~);~~dN ~J>WIN ~'?~ .
,-..., -Q -........::, J
6f2..-2..'Jo3 ..Yo"" \ d 1 _ 'ley/) U("-,\1aI'lc,..... cu. (14917 /Y
'~'7/"'J/l.I!9~ Jr, _ L/!/" t!.(;/J?pA4 c. lj, 9/9/7".
.s(,O-70lf,,{'I!Il,eL./ltlf~rn.l/' ~ ~74t~_ {!./ 1/?~
. /[NtJf Vlsconfi """LCf:lo !J.o.deroCir _._ ~9/911.~
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DONNA SNIDER, Civil Engineer
CITY OF CHULA VISTA
PUBLIC WORKS DEPARTMENT ASSESSMENT DISTRICTS
276 Fourth Avenue
Chula Vista CA 91910
RE: OPEN SPACE MAINTENANCE DISTRICT BUDGET - ZONE D
June 27. '1994
Dear Ms. Snider:
Here is a summary of the issues raised at the June 22nd meeting on
the budget for Zone D.
~ITY\PUBLIC LAND ISSUES:
1. MAINTENANCE RESULTING FROM CITY LAND.
Several steep slopes were created by grading required to provide
land for SR 125. While the slopes are not part of the SR 125 site,
they are a direct result of the requirement to provide a graded
path for SR 125. Residents of Zone D should not be singled out to
pay the full cost to maintain these slopes simply because the
slopes happen to fall within the boundaries of their. open space
district.
The land set aside for SR 125 is for the benefit of all residents
of Chula Vista. Any maintenance of that land, or as a result of
providing that land, should be shared equally by all taxpayers.
Additionally, if the developer had not been required to provide
land for SR 125, the slopes in question would have ended up as part
of the development, and no open space maintenance would be
required. It would be unfair for the City to require residents of
Zone D to pay to maintain land that could not be developed as a
result of the requirement to provide the land to the City to
benefit all residents of the City.
It was recommended that the costs to maintain these slopes be
removed from the Zone D budget. (At the June 22nd meeting it was
not known how much land was in question, and the City Staff would
calculate the acreage for the June 29th meeting.)
2. MAINTENANCE OF CITY LAND.
Within Zone D are four areas of City land: a biological preserve,
a native open space, and two areas beneath the SDGE towers. These
areas are for the benefit of all residents of Chula Vista and the
residents of Zone D should not be required to maintain this City
land.
As is the case with the City land for SR 125, this land would have
been developed except for the City's requirement to provide the
undeveloped land. Had the land been included in the development, no
open space maintenance would have been required.
-E4
Iq - 31
It may be argued that Zone D residents will have a greater benefit
of this City land since it is within their neighborhood. However
that same argument could be made for any City owned and maintained
facility: the residents near facilities such as libraries and parks
will have a greater benefit due to their location; yet the cost is
shared equally by all taxpayers. The City land in Zone D should be
treated o~ the same basis.
.
It was recommended that the City land be removed from the Zone D
budget. (Referring to the maps displayed at the June 22nd
meeting, this land is the 7.73 acres color-coded pink and yellow.)
TOTAL COST\BUDGET ISSUES:
1. UTILITIES.
Estimates for water are based on separate requirements for parkways
and slopes. These requirements show a greater water usage for
parkways than for slopes. There are no lawn areas on the parkways
or medians and the landscaping does not appear to be significantly
different from that of the slopes.
I would like the water requirement for the parkways verified: check
that this water requirement is not based upon an average from
parkways that includes lawn areas.
Estimates for electricity were based upon average water costs
rather than the number of controllers. I would like the estimates
verified by calculating the usage based upon the number of
controllers.
Additionally, it was agreed that Baldwin's actual usage might be
helpful to determine the reasonableness of the utilities budget.
Robert Cameron, Vice President of The Baldwin Company, agreed to
provide that information at the June 29th meeting.
Also note that the water requirements include areas asked to be
removed from Zone D. If these areas are removed, the budget for
utilities would have to be recalculated for the areas removed.
2. TRASH COLLECTION AND DISPOSAL.
The present budget estimates that 10 days of clearing debris and
collecting illegally dumped materials will be required, and that
each of the 10 days will require a 40 cubic yard roll off dumpster.
This estimate appears to be excessive.
During the June 22nd meeting it was suggested that the budget for
this item be reduced to $0, and that any trash collection be paid
from reserves.
Also note that the land in question for this budget item is almost
entirely City land, areas which are requested to be removed from
the open space district budget. If this land is removed and the
budget is not reduced to $0, it would have to be recalculated.
~'CJ-3L
3. SERVICE TO MAINTAIN BUILDINGS, STRUCTURES, AND GROUNDS.
This budget item is to provide State mandated backflow preventer
certifications. It was originally estimated that the cost for each
certification would be $40; actual costs for the prior year were
$17.50. It is recommended that the budget be recalculated using the
actual cost of $17.50.
Also not~.that some of the backflow devices may serve areas asked
to be removed from Zone D. If those areas are removed, any devices
serving those areas should also be removed from the budget.
4. OTHER CONTRACTUAL SERVICES.
The budget for the irrigated slopes allows for 87 hours of
contractor work per week. There is simply no way that much labor
should be required to maintain the slopes: either the budget
overstates the amount work required, or the City is reqUiring far
more maintenance than is practical. (We are not interested in
having a "Cadillac" when a "Volkswagen" will suffice.)
Hopefully the additional information at the June 29th meeting will
provide some direction to getting a more reasonable cost.
This budget item also includes the work crews mentioned above in
the trash collection item and needs to be adjusted.
Also note that this item includes acreage requested to be removed
from Zone D. If that acreage is removed, this item should be
adjusted accordingly.
5. LANDSCAPE SUPPLIES
There was no significant concern on this item.
6. MATERIALS TO MAINTAIN BUILDINGS, STRUCTURES, AND GROUNDS
This item was budgeted based upon average costs from other open
space districts using water cost as a base. Many residents felt
that the anticipated costs are too high.
Perhaps the budget for this item be reduced by 50% (6% of water
costs). This is a relatively small item in the budget and any costs
above the revised budget could be paid from reserves without having
a significant negative affect on reserves. (Also a future
adjustment to correct this "under budgeting" would not result in a
significant increase to future assessments.)
7. CITY STAFF SERVICES
This item is based upon a percentage of the total budget. It was
explained that this is the method currently approved by the City
Council.
The present budget of $17,440, is 41% of the combined budget for
Ci ty Staff Services for all of the East Lake and Salt Creek
Districts. It is difficult to see how this assessment is fair: the
Zone D assessment is nearly half of the total for City Staff
Services for all of East Lake, East Lake Greens, East Lake Greens
-E~3
ICj- 33
Expansion and Sewer Pump Station, Olympic Training Center, Salt
Creek, and SR 125. However, Zone D represents only 4% of the total
taxpayers in the combined areas, and has a small percentage of the
land.
The present method of allocating the cost of City Staff Services
places a aisproportionate burden on the residents of Zone D.
Perhaps tpe City Staff can present an alternative method that more
accurately allocates costs to Zone D.
I hope this letter is helpful in preparing for the June 29th
meeting. I am looking forward to the meeting and a more reasonable
budget for Zone D.
Sincerely,
~eJ5
DAVID DIGIAM
2269 Rolling
Chula Vista.
TTISTA
Ridge Rd.
CA 91914
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CHUll \-,<.r~. CA
24 June 1994
Chula Vista City Council
276 Fourth Ave.
Chula Vista, CA. 91910
The Honorable Tim Nader:
.-
During the June 14th City Council meeting you voiced a concern about the cost of
maintaining open spaces in Chula Vista. At that meeting the landscape maintenance assessment
for Eastlake Maintenance District, Zone D was discussed. Numerous concerns of the property
owners were brought to the council's attention. The extremely large increase in the assessment
fee (from $6.96 to $.3b~..3:> for the residents of Chapa la, higher for Estancia) was topic number
Olle for 1ll0~t of the home owners. However, there are other concerns that should be addres~cd. A
primary one is the amount of water that is allotted for these open spaces. In zone D, parkways
and streetscapes are budgeted for 36 inches and erosion control slopes are budgeted for 29
inches at an annual cost of $44, 130. This in Southern California, an area that receives an average
annual rainfall of less than 10 inches per year. That amount of water usage should not be allowed
in an area that is semi-arid. The city ofChula Vista should not encourage but, mandate that
native plants (if possible), drought resistant and/or low water usage plants be used for open
spaces and streetscapes.
A second concern is the cost of "contractual services", $91,440 a year. That amount
would be enough to pay four people $9.00 per hour to work 40 hour a week for a year. I do not
recall seeing that many maintenance workers in this area every day. If they were, the two broken
sprinkler heads would have been fixed and not continued to gush water into the air for the past
two weeks. With a total assessed cost of $165,480 for zone D, which encompasses 26.08 acres,
the cost per acre would be $6,345. Since 7.74 acres is considered preservation zone (chaparral)
and hydroseed which requires no irrigation, the actual cost will be $9,033 per acre.
On july 12th, I hope that the City Council will be able to find a solution that will allow Chula
Vista to have acceptable open spaces at a reasonable cost to the home owners in assessment
zone D.
Arthufi K.H. Sc~ener & April K. Schaefer
~l~{t.~
2203 Lago Madero
Chula Vista, CA. 91914
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. .ICE OF snc:w.TAXES AND ~~'TS
P..
NOTICE OF SPEMA.T TAX
'I'bo CIwla V_ ,,,,--...,. 8cboo1_ aDd u.e s..__ UDioD Hiah Scbool D_
(colle<tIgely, the 'ScIIoal DiItricIa'l Cormecla -'IIity &.:IIidea diItril:t rDiJtriol") pummnt to the
1"6.' '-. 01 the WoIk>-llDoo c--...,. Fadlitieo DIItrlct ^'" 01 1982,.. ",,-+-, rAt:t"l. 'I'ht
_ 01 the Dlatriet IDdude t.bai __ de-\.oIo, . projoc:< _--"1y -.. .. "Sa!> CreeL'
_ oc the At:t. alaoal_. auob .. II1e Scbool DIsiricta. _ _ a _ for the ooIe
purpoM . FO'i..i.., oertaiI1 .d....--.' public ........ ud. to 8Daoe . ~ nDP or pWlUc &Ad.
capiW _ Wwsh the...,. otopodal_ ;.......11. bul_llml&ecIlOo ~oa 01
"-.'WY. -.lar7 IIIlCIId;b ICb<loIIIIIld purdlue of aquipuwm.
'I'ht __ .bId> buJNIr II ....-. riIliD dla ~ Cnek pnieotla -..rrilliD the
""v. ;"'i fIl d:ae DiaricL.
SpodaI_ will be IrMd 1IIIdt,.. apiDA an propmy _ the bolIDdarIoo ol die Diab'io<.
___,.( die lot or qajt wbich ba1er iI purcilaIiIl& Cor tile purpoMI 01 ~ _ aad apeaon of
dla pubIio: ICbllOI oopltal fadIiileI, aad _ b=ds __ to P81 for ...... oobool fadIWoo, punuaD& to
~ olilla.-iouo I'ormaoloD __.lor the DIal:ricL
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PurouaDt to the Ie.. -... ~ the opoc:iaI taz will be JIII1Ible Cor ftNDt1-lift (25) ,....
or lIIlliI oil b=ds iuueIIlor CFD No. 1 ... bleD diaobarpd. .biohevv iI _..... TIle opodaIras
.-0 Im_ dla ~ of lb. DIotPict will be P8181>1e .. pet oldie ~ prop<If't1-
aDd mbject. to &he MIlle p-_lM.. '"'WT)"u.'k.wI Cor ~ HoweY." lobe pracedW'el ill cue ~.
~ or delault are U........ and _ may DOt ..... much time to eure a ~ lor
-= ot1OUl' opoc:iaI_ to preveut al.., I .... apiDA 1""" Jot or ..... .. _ _ han lor
--,."0/'"""-. of otbIlr aeoenJ prapercy CU8L
'I'bo _ ........ opeeiaI_ t.bai 10 Jl&1abI2 for 1OUI' lot or UDilIa .. ... Corlb OIl the
J.4~4'~
'1'E! DlST!Ucr HAS BEEN FOllMED AND '1'BE S1'EClAL'l'JoX WILL BE LEVIED
AGAINST 'l'BE BUYER'S LOr OR tJNI'I' EVEN 'l'IiOOGH '1'BE BUYER )lAY RAVE VO'1'EIl
AGAINST OB NOT D""nlT< 'I'BAT THE tllS'l'B1cr BE FOlWEll OR mAT '1'E! SPECIAl. TAX
BE LEVIED.
A _ ol die RUe aad _ 01 ~F --'-_ 01 Special Tax aDd an olber _....hl.
............ aad ~ _ be obtaiDecl &om the S....ft..... 0..... Hlib Sebool D_ aDd the
QwIa V... 'C':I --...,., Sc:bool ~
NnTICE OF It.QCllI'S!::~
'I'ht CIt1 of CbuIa ~ ror-d AIr ~ DIItrlct No. 8$-2 r AD 86-2'> """"""'" to die
MIIIlicipal' J V' 'At:I. ol1818. AD 8$-2 _ f_ for the ~ of....I~r -- public
__ __ a..,... -_a Aio U D' will be IrMd -",_ apiDA oil ~ wilbiD
die boUDdarioo ol AD 86-2. ......'O;"r die lot or ..... _ B_ ill pIlI<lbaaiD;. ror die purpoMI 01
JII1itlr _ azulllZI' r. .. ol &be public Ia.,.... ,. aad IIl1 baDdo INuacI tol'lJ €Dr ...... -.
Tbo ~ _ be prepaid UDW __ ....._ Tbo __ of &be -, - ia
pqobIo for ,- .... or ..... II .. lOt. forlb OIl dla 1 .. ilIr -.
Tbo at" ofCbula V__ ~ u....._ DIat:rIot No. 1 <D+.....r Z- D_
&beU_f-Jo- DiItrict.) Cartbe-"'-.---olr" J .....mediuI. I r" -poodpuk'waJaaDCl
-4-(' tal --1iIbtiDB' widIiD pubi: rtp.&H("wq .. cl .. ..... matatelUlla l' ---.. Zoae D
_ formed iI1lll1l1 to ruIlll &be ......-- of_II*" Iott owaed ill r_1rJ' \be Cit1 of CIwla
V-. 'I'ht __ 11 ft' Cor balIllba .....an IlIatrict No. 1 aad ZelIa D ia IUlIja to aDlIuaI
~.. do> . -d IrJ' &be Cit1 ola.llla V-. 'I'ht -' ~ may".,.
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No. 110-1 rAD 110-1' __ to die 14111licipal1la,.. . . At:I. 01 1818. Oaoa lanDod. AD 110-1 will
lie.... \be purpoao of aoq.-, __ public oopitaI "'-... r" ouch.. -..... "-.
__ dnlD azul........ .......... Tbo 1>0'-' -loa ol AD 110-1 iDoIude &be ~ Cteek pnioeL It 10
..411l1ed \bat AD llO-l will _ LIIIlIlecI ObllpdoD ''''. .. . Boadt ill Mriylll82. 'I'ht Bcadt
will lie -.ed IrJ' dla uar-id -.. ... prapercy riIliD AD 110-1. Aio." . will be Ioolod
.-It ~ aplaat all ... -,4lt1 wIlbIIl dla b., . ill of AD 110-1, ......~ &be.... or IIIlit .bic:b bu1W
10....... . r fortbe~clJll1itlr_aDd "',... clthe_aadr004a..,... -. aall
_ _....001 oc p81 for ouch __ Tbo a I - _ be prepaid UDder__
.....__._ The __ ol die -"""It t.bai 10 pqobIo Cor )'OUr lot or UDil it .. lOt. f_ OD lba
_ OIl &be lollowiDl pap.
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prvndeloriM..v.' . .. ot aL~r.t- b7mr IF- ~ witbiD .......-.. ......oItbediltrictaM
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lL~ _ L. . ad aae:&..,........u.bIe b1-"-~' I ill ""*'" the 8~_~_'" UDIaa HiIb 8cbDoI,
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........T ....a v...:....._ -. . M lie. L Ja adIIidaD to .. .....8peci81 'ru. ad I -lit
~t ..~. w.".___ DlItriIS No. 1 ~-a...., laDe D wItb.iIl tbe DiItriet) ~ far tba
0.-.. 01"' I! ............ .. r .-~_....,_1IDd -Wi -".1 *- JiIbtiDI
witbiD public fi&btI ot..,.... .".aA 1-.. l --~ aad ta _1 . :..wrecl b1 Jl:!.e...t;itLot~"
CIIIIIa V-. TIle --' I . for tile -.II ~ iI oarrea1I1-'-.... ai~~.....'"
~to""".4) ~ ....L . 4b1tbeac,.ola.aJaVilia. Tb.,..~!eted__~-:".1for
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Tbo _ _fir iIa............ DO . r .. to the _ oltlle -~ .... --
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B. l"..., ..;;11'"""" Distriet No.1: Salt Creekil ~1Iliad izl EanLaU ....l..__
IliIoriot No.1.. Thlo IliOtric\ ... r"""",, to IImd b1 dUect _ . -.. tho _leJWD or
...."-P-. _ __ ....-1'"" porkwwyo cd ouppIemcotal ..reel tighw., wit!> puIl1ie _..or.
~ or rlado-tr _......____ -1 -t. ~ Salt Creek. The ovllrail ~ ""m .. for u.
_............_ CIf.ucb tac:i1biea, WkJ:UD f.'" ..... v.~__.._ DiauicL No. 111 Zooa '0: wbidl CIIIiy
...... 8B1t Creek. Zaae:D... tarmed to ftmd b7 direct heae&.' I -u the ___t_._ ~
_ _Iola 0WIl0CI in fee bJ tho Ciq of 0wIa V_ '"9"o!InI IIopeI ~ to Sll.W .. ...n u
the .........-..- cl&be ....A~ft. aM ~p' rtinft IIJ'lIf.cmI iD &be..-Ml ~ ad;jIlcIm to &be opeA
_Iota _.... EMt'B" a_loll. MiIud Iloo4 """ P_ Va1le111ood. AmNaI
't -II Car holb tho .......u Ilistrics """ ZaDe D .... dotorllliDod buelI _ tile - or tile
. . "'. --u to be -.:....nnad lII/JIar ~ tor the fiaal rear. c:ha!'pd ill praponioA &0 &be
~ to be.....ocI b1 ....1IIIIt.1ot<<...--- in tile DiItricl oIIli Z- D.
Co Aahr....1r. ....tniatPit!t.No.OO.l: F.N.Prcic&llDc._~ad_ottlaa
_01'_ oCtIIia Notloe b1 B_. -1- __ pi ""." to - tIle__ or
__ puI>II<: Im,... -.. 0- __ tIIia Diotric< will ~ publie ilDproY- tohi<:b
iDdu4I m-eet....., "'.1Una dNiD aDd ud11ar7 .......... _I'll, 111 toO eern ADd bme6t
)'15~ wt&biA Se1t Creek. The 00IIl ~ b...,.....~...u aDd' -l..l_...... --S aDd.-
r-r- " lOr ..... JlI"OPIrC1 wltbin &he DiI:trict..
Tbe 'V->'-;row! bBreb1 ~.""".-;pt oI'aaopy oI'lbII Notice orc-~~ F1Idlilloo
DiIIric& UlCi . -, DiItri<tL
Dodc:
Buyer:
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item-.!.l
Meeting Date 8/2/94
Resolution I 7 ~ t' P Ordering certain open space and maintenance
facilities to be maintained, approving modification to the Engineer's
Report and levying the assessments for Fiscal Year 1994-95 for Eastlake
Maintenance District No. I - Zone D
SUBMITTED BY: Director of Public Works ~
()I
City Manager f
(4/5ths Vote: Yes_NoX)
REVIEWED BY:
At the Council meeting of June 14, 1994, Council directed staff to meet with the property
owners of Salt Creek I to discuss the open space (Eastlake Maintenance District No. I - Zone
D) budget and proposed assessments for FY 1994/95 before Council would consider levying
the annual assessment. This report is being finalized and will be delivered under separate
cover.
/9-1; r
COUNCIL AGENDA STATEMENT
Item 2.0
Meeting Date 8/2/94
SUBMITTED BY:
Report on Joint Meeting between City Council and Soutbwestern College
Board to discuss soutbwest::: jllege Transit Facility Project
Director of Public Works rY!f/
ITEM TITLE:
REVIEWED BY: City Manager .)J
U
(4/5ths Vote: Yes_NoX)
At the April 12, 1994 meeting, Council considered the attached report on the Southwestern
College Transit Facility. Council adopted recommendation #2 only which was to schedule a
joint meeting between Council and the Soutbwestern College Board to discuss the project
(Council did not adopt staff recommendation #1). The joint meeting between the College
Board and Council is scheduled for Wednesday, August 10, 1994 at 6:00 p.m. at Soutbwestern
College. The purpose of this report is to provide information to Council and Southwestern
College on tbe proposed project prior to the August 10 meeting, and to receive any direction
from Council to assist in preparation for the meeting.
RECOMMENDATION: That Council accept this report.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The attached report which Council considered on April 12, 1994 discussed the proposed transit
facility project in detail and presented City staff s reasons why tbe College's proposed site at
the future LibrarylLearning Resource Center (LRC) does not meet the City's objectives for a
transit facility. These objectives are:
. Improve Chula Vista Transit (CVT) service to Soutbwestern College,
. Serve as a transfer point for CVT routes,
Improve CVT operating efficiency including reducing costs, and
. To meet tbe transportation requirements of all CVT riders including Soutbwestern
College students, Bonita Vista Middle and High School students, and the general public.
At tbis point the City and College differ on the recommended site for the transit facility. The
College recommended site is identified on Attachment 3 of tbe attached April 12, 1994 report
and is also shown on the Attachment 1 (evaluation matrix) as site 5. The College
recommended site is located on the north side of tbe campus near the perimeter campus road
and Devore Stadium in tbe vicinity of the proposed LibrarylLRC. Access to this site would
be from tbe East H Street entrance to tbe campus. The City staff recommended location is site
1B 1, identified on Attachment 2 of the April 12, 1994 report. This site is a modification of
~I/-I
Page 2, Item ..2 tJ
Meeting Date 8/2/94
the site originally recommended by the Southwestern College Transit Center Feasibility
approved by the College Board. Site 1B 1 is located between the Gotham and Elmhurst Street
entrances to the campus, but is set back about 150 feet from Otay Lakes Road and utilizes part
of an existing parking lot.
Following is a summary of the advantages and disadvantages of theses two sites:
Site 5 (College Recommended site)
Advantages:
. Visual Impact - Since this location is not visible from either Otay Lakes Road or East
H Street, there should be no negative visual impacts on surrounding neighborhoods.
Landscaping - There is sufficient space to development a facility in this area with no
apparent loss of existing landscaping.
Bus Service - CVT buses serving the College would stop at one location, thereby
improving bus capacity utilization. The location provides convenient access for College
destined passengers to the north side of the campus and the proposed new Library/LRC.
Disadvantages:
. Cost
It is estimated that this site would add approximately $304,000 annually to CVT
operating cost (page 3 of the April 12 report, and attachment 8-A). Please note that
Attachment 8 has been updated (8A) to reflect CVT's operating costs for FY 1994-95;
the original attachment 8 was based on FY 1993-94 operating costs.
. Access
Several disadvantages exist including: time, distance, and potential nOise impact
(discussed on pages 3 and 4).
. Transfer function
The distance of this site from East H Street detracts from its function as a transfer point
particularly for non-college passengers (discussed on page 5).
. Safety
The relative isolation of this site on campus raises safety concerns for passengers,
particularly during early morning and late evening hours and at times when College is
not in session.
. Timing of development
It is staff s understanding that the College Library/LRC will not be built for at least five
years. Coordinating transit facility development with the Library/LRC raises two
Issues:
~d - .)..
Page 3, Item .2 ()
Meeting Date 8/2/94
I) If the transit facility is built now, perhaps five years in advance of the
Library/LRC, the facility will not serve the present campus well; however,
2) The County staff has indicated it would like to implement this project in the
near future, since it can reallocate the remaining $720,000 to other projects if
the Southwestern transit facility is not built.
Site lEI (Citv Staff Supported Site)
As a result of City and County staff s conceptional evaluation of additional transit facility
locations in Fall 1992 (Attachment I - April 12, 1994 report), one site that met CVT's
operating objectives and Council's objective of not impacting existing landscaping on campus
was site 1B I (Attachment 2-2 of the April 12 Report). This site was also concurred in by the
neighborhood representatives who considered various alternative sites on October 30, 1992.
Site IB I is a modification of the original site recommended by the Southwestern College
Transit Center Feasibility Study and utilizes an existing parking lot on the Southwestern
College campus. Site 1B I is set back about 150 feet from Otay Lakes Road.
Advantages:
This site meets transit objectives for a transit facility and provides the following advantages:
CVT Operations
. It would improve CVT bus service to Southwestern College by centralizing all bus
routes in one location, thereby improving CVT's bus capacity utilization.
. It would allow quick access to and from the College campus.
. It provides a convenient point for CVT buses ending at the College (for buses not
proceeding to the Eastlake area) to terminate and turn around before proceeding back
to western Chula Vista. It also provides a terminus for future CVT routes serving the
Eastlake area.
. This site serves well as a transfer point for non College destined passengers.
Other Advantages
Visual Impact - This site, by being located in an eXlstmg parking lot, would have
limited aesthetic or environmental impact on the neighborhood.
. Both MTDB and County staff concur that this site would function well as a transit
facility.
. Safety - This site offers good visibility from both on campus and from Otay Lakes
Road and should present no safety concern for transit passengers.
.).1} , ::J
Page 4, Item ,;2, tJ
Meeting Date 8/2/94
Disadvantages:
. Impact on Existing Landscaping - Although this site is proposed to be located in an
existing parking lot, there would some removal of existing grass for buses to access this
site from the Gotham Street and Elmhurst entrances to the campus.
. Some parking spaces would either be lost or could be relocated to a vacant area.
Relocation would mean loss of some grass.
Alternative Transit Site
If Councilor Southwestern College do not wish to pursue a transfer facility at the 1B 1 site (or
at any alternate location off Otay Lakes Road), staff recommends improvements on Otay Lakes
Road to better accommodate bus passengers as the next best alternative. A new traffic signal
and crosswalks at the intersection of Gotham and Otay Lakes Road would facilitate movement
to and from the Southwestern College campus for CVT riders. Installation of a traffic signal
at this location is being held in abeyance pending resolution of the transit facility project, since
a transit facility off Otay Lakes Road would require a signal to function properly. Since three
of the four routes currently Southwestern College do not enter the campus, but stop on Otay
Lakes Road, the installation of a traffic signal would result in pedestrian movement to and
from the College for CVT riders. Bus passenger amenities such as shelters and benches could
also be installed on Otay Lakes Road.
Advantages:
. Capital Cost - Minimum compared to all other transit facility sites. Estimated
improvement cost is between $100,000 - $]50,000 (including traffic signal, crosswalks,
shelters, and benches).
CVT Operating Costs - No major change to present CVT operating costs. Perhaps
small decrease in cost since Route 704 would no longer enter the College campus.
(Under this alternative, all four CVT routes currently serving the College would board
and de-board passengers on Otay Lakes Road).
CVT Operations - Since all CVT buses would stop on Otay Lakes Road and not enter
the College campus, bus capacity utilization would be improved.
Disadvantages:
Southwestern College Service - Since one of four CVT routes currently enters the
Southwestern College campus, College destined passengers who ride Route 704 would
experience a longer walk between Otay Lakes Road and the campus.
. CVT Operations - This alternatives does not provide the planning and operations
flexibility offered by most transit facility sites. A transit facility would provide a
specific central location in which buses could terminate, layover, or dischargelboard
~~~1
Page 5, Item ~()
Meeting Date 8/2194
passengers and continue on to eastern Chula Vista. A transit facility provides more
convenient transfer opportunities for passengers.
Summarv
. The College preferred transit facility location near the stadium and the future
LibrarylLRC would result in substantial operating cost increase for CVT, currently
estimated at approximately $300,000 based on the current fiscal year operating cost.
This cost includes the additional miles and buses that would be required to retain the
existing CVT service frequency to the College.
. The College preferred site, while meeting the objectives for further College
development, does not function well as a transit facility for non-college destined
passengers.
. There currently remains approximately $720,000 in County funds for the transit facility
project. While a detailed cost analysis has not been done of all sites, City and County
staffs estimate that any of the transit facility sites would cost at least $720,000 to build.
The County has indicated it does not have additional funds to supplement the $720,000
remaining for this project. Any additional funds required to implement a transit facility
could be supplemented by City of Chula Vista Transportation Development Act (TDA)
Article 4.0 funds.
. In October 1992, a number of additional sites were evaluated as shown in Attachment
I in the April 12 Council report Any site for a transit facility removed from the
Southwestern College campus (for example south of Telegraph CanyonlOtay Lakes
Road) would cost more to develop and serve the College than an on-campus site, since
bus shuttle service from a remote site to the College would need to be provided.
. Making improvements on Otay Lakes Road would better accommodate CVT buses and
passengers is a low cost alternative to building a formal transit facility. This alternative
basically is an improvement to current CVT service to the College area. This
alternative does not provide the operations and passenger service convenience and
flexibility of some transit facility alternatives (such as site lEI), but from a CVT
operations standpoint, is preferable to the College preferred location.
A copy of this report, including the April 12, 1994 staff report, has been sent to Southwestern
College. In addition, prior to the August 10, 1994 joint meeting, staff will send a meeting
notice to approximately 570 households in the following areas:
1) The neighborhood bounded by Otay Lakes Road, Rutgers Street, and East H Street (east
of Southwestern College);
2) Residents in the area on and to the east of Buena Vista Way (west of Southwestern
College).
;J.. P.,5
Page 6, Item ,;J.. t1
Meeting Date 8/2194
FISCAL IMPACT: The County of San Diego has dedicated a total of $900,000 for the
Southwestern College Transit Facility. Approximately $180,000 has been spent to date on
planning and design work; therefore $720,000 remains for this project. Additional funds
required for the facility could come from City of Chula Vista TDA Article 4.0 funds.
File: DS-030
\VMG:SB
m:\engmeer\agenda\swccntr.wmg
072894
.ll)...~
INFORMATION MEMO
~~
f-A-11
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August I, 1994
File No: DS-030
FROM:
Honorable Mayor and City Council
John Goss, City Manager tJ
John P. Lippitt, Director of Public Works Pf7L/t'5C-
Bill Gustafson, Transit Coordinator 13 C--
TO:
VIA:
VIA:
SUBJECT:
Additional Information on Southwestern College Transit Facility
Supplemental information was requested on Item 20 for the August 2, 1994 council
meeting, the report on Joint Meeting between City Council and Southwestern College
Board to discuss Southwestern College transit facility project. In that report, Transit staff
estimates (Attachment 8A) that the net cost increase to maintain the existingCVT service
level at the College proposed transit facility site would be approximately $304,000 annually
based on FY 1994-95 operating costs. It was requested that Transit staff develop one or
more options that would result in no cost increase for CVT based on the College preferred
facility location.
While staff does not recommend either of these two options, they do attempt to respond
to Council's request by presenting two possible CVT service change alternatives that would
involve no additional cost to serve a transit facility near the proposed College Library!
Learning Resource Center. Both options involve CVT service reductions to accomplish this
objective. Option 1 reduces service frequency on Route 709 and restructures Route 711.
Option 2 adds 2 buses to Route 709 to maintain current service frequency, restructures
Route 711 and eliminates about 65,740 annual CVT miles by reducing service on Routes
701, 703, and 705.
Council should also be aware that staff developed these options in a short time period.
They are meant to show only two cost reduction approaches that could be evaluated
further.
Option 1
CVT route structure under Option 1 is shown on Attachment 1. The following is a
summary of the service changes for each of the four existing CVT routes serving
Southwestern College, including cost and service impacts.
1. Route 704:
No change to existing service.
020- 7
Southwestern College Transit Facility
-2-
August 2, 1994
2. Route 705:
Terminate route at new SWC transit facility; eliminate service on Otay Lakes Road,
Gotham and Rutgers Streets.
Retain current frequency of approximately 40 minutes.
Annual cost savings estimated at $37,500.
3. Route 709:
Restructure route to serve SWC transit facility, Eastlake High SchoollLibrary, and
terminate at intersection of East H Street and Eastlake Parkway.
Reduce frequency from current 30 minutes peak/45 minute off-peak to 1 hour.
Annual estimated cost increase of $65,700.
4. Route 711
Terminate at SWC transit facility; eliminate service to Eastlake area (Eastlake area
service provided by Route 709)
Current service frequency of approximately 1 hour and 20 minutes improve to 1
hour.
Annual estimated cost savings of $85,000.
5. Annual estimated total cost savin~ is $57.500 or about 21,300 miles based on
current CVT total operating cost.
Option 2
Under option 2 CVT Routes 704, 705, and 711 would be the same and described in Option
1. However, two buses would be added to Route 709 in order to maintain the current
service frequency. The following is a summary of estimated changes and impacts.
1. Route 704 (Same as Option 1)
2. Route 705 (Same as Option 1)
3. Route 709
Maintain current 30 minute peak/45 minute off-peak frequency. Restructure Route
as under Option 1.
~CJ-?5
Southwestern College Transit Facility
-3-
August 2, 1994
Estimated annual cost increase is $300,000, including $250,000 operating cost, and
annual depreciated cost over 15 years of $50,000 for two new buses.
4. Route 711 (Same as Option 1)
5. Total annual estimated cost increase is $177.500.
6. Estimated annual cost increase under this option of $177,500 is 65,740 miles based
on CVT total operating cost of $2.70 or about 5.5% of total CVT system annual
miles. In order to make up this cost increase, staff looked at reducing service on
a number of routes. Although staff has not had time to do a detailed analysis,
following is an example of some potential service cuts that could be evaluated
further.
Eliminate Route 705 Sunday service: 14,200 annual miles
Eliminate four evening trips on Route 701: 22,000 annual miles. (The last trip on
Route 701 would depart H Street station at 8:00 pm instead of 10:00 pm.)
Route 703: Eliminate two evening trips for a savings of 11,000 miles. (The last
trip would depart H Street at 7:45 pm instead of 10:00 pm.)
The balance of the mileage could be made up by reducing Route 701 weekend
service (Saturday and Sunday) from current 30 minutes to 1 hour frequency.
In addition, listed below for your information is a current ridership boarding and
deboarding from Southwestern College from CVT Routes 704, 705, 709, and 711. This
data was collected by SANDAG in Fall 1993. This data shows that total College ridership
for these four routes is 1,420 or approximately 47% of total ridership for these four routes.
Southwestern College Routes
Daily Data from FY 1993/94 Passenger Counts
Route # FY 1993/94 Route College
Trips to At Southwestern College Daily Ridership
SWC Ons Offs Total Total Percentage
704 22 370 329 699 1,048 66.70%
705 26 95 104 199 1,007 19.76%
709 20 164 245 409 874 46.80%
711 13 66 47 113 212 53.30%
Totals 81 695 725 1,420 3,141 46.64%
WMG:SB
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.1.0-'<0
COUNCIL AGENDA STATEMENT
Ite~20
Meetina Date 4/11194
Report on Southwestern College Transit Facility
Director of Public Works W
City Manager .J4 ~ ~
At the June 9, 1992 meeting, Council considered a location for a transit facility at Southwestern College
located on Otay Lakes Road between the Gotham and Elmhurst Streets entrance to the College. Many
residents of the area objected to this location..t the Council meeting. Council rejected this transit facility
location and directed staff to look at other locations which would not impact existing landscaping on the
College campus, and also to encourage public participation in the planning process. Councilmembers
Rindone and Horton were appointed to a Council subcommittee to facilitate transit facility location
discussions.
ITEM 'TITLE:
SUBlW.J1)!;J) BY:
REVIEWED BY:
(4/5tbs Vote: Yes_NoA)
RECOMMENDATION: That Council:
1. Not pursue developing a transit facility at the proposed location of the Southwestern College
LibrarylLearning Resource Center.
2. Schedule a joint meeting between Council and the Southwestern College Board to discuss the
transit facility project
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On October 5, 1992, a meeting was held in the Council Conference Room to discuss the proposed transit
facility. This meeting was attended by representatives from the City, County of San Diego, Southwestern
College, and residents from the neighborhood near Southwestern College. The meeting concluded with
the understanding that City and County staffs would identify a greater number of possible locations, both
on and off Southwestern College campus, that might be suitable for a transit facility. City, County, and
College staffs jointly identified additional sites; each site was evaluated based on criteria that took into
account concerns expressed by the College, the community, and factors related to bus operations. These
sites are presented in Auachment 1.
A second meeting of this group was held on October 3D, 1992, to discuss these various site alternatives.
The objective of this meeting was to reach consensus on up to three site locations for presentation to the
Southwestern College Board at its November II, 1992, meeting for consideration. The group reached
consensus on three sites in order of priority: Site 6A16Al; Site IBl; and Site 4. These sites are shown
on Attachment 2. Site 6A16Al are variations on an expansion of the existing CVT bus drop off area on
the Southwestern College ring road. Site IBl is a modification of both the original proposal approved
by the O::!1ege and presented to Council on 1une 9, 1992, and Site IB on Attachment 1. This proposal
sets back the facility about 150 feet off Otay Lakes Road and uses part of an existing parking lot area.
Site IBl was identified by the group at the October 3D, 1992 m~ as a site that potentially could
_ . . a;)..t:J? - /1
Pale 1. ItemJk...
Meetinl Date 4/12/94
meet Transit Operations objectives and the concerns of both Council and area residents. Site 4 is a
-horseshoe" design that uses the Gotham Street campus entrance and is perpendicular to Otay Lakes
Road.
These sites were presented to the Southwestern College BllIU"d at its m~ng on November 11, 1992.
At that meeting, the Board requested some additional information on the proposed transit facility at the
College, including existing and proposed Chula VISta Transit service to the College. This information
was presented to the Board at its December 9, 1992 meeting. At this meeting, the Board also solicited
comments from the public. The Board indicated that it would consider the transfer facility location again
at its February 10, 1993 meeting.
At the February 10, 1993 meeting, the Southwestern College Board approved a location for a transit
, facility neat the proposed new Library/Leaming Resource Center. This site is adjacent to the Campus
Ring Road in the existing parking lot next to Devore Stadium; access is off East H Street. This site is
shown on Attachment 3; it is also indicated as Site 5 on Attachment 1. This site received the lowest
score of all sites evaluated in Fall 1992. On February 26, 1993, a meeting was held between City,
County and Southwestern College staffs to discuss this location. City staff identified numerous concerns
about this location including: additional operating cost for CVT buses; access improvements that would
be needed both on East H Street and on campus; and the timing of developing a transit facility with the
new Library/Leaming Resource Center, which the College anticipates would not be built for at least five
years.
The three parties involved in this project - the City, Southwestern College, and County of San Diego -
agreed that this location should be evaluated further. The College agreed to contact the architectural .
firm, LPA, working on the Library/Leaming Resource Center plan, and request LPA to address some of
the development issues and concerns of a transit facility at this location. A meeting was held on
November I, 1993, with the College to discuss this project. The attached letter from lohn W1lsoD,
Director of Business and Operations for the College, to Assistant City Manager Sid Morris, presents the
College's commitment to a transit facility at this location (Attachment 4). The College has asked the
City to respond to this location for the transit facility.
A transit facility at this location has severe access constraints for CVT buses. It would increase CVT's
operating costs; it does not function well as a transfer location; and it would result in longer trip time
on most CVT routes for all passengers, including those destined for the College.
T",n~it Facility Functions
Staff believes a transit facility at Southwestern College should meet the following operation objectives:
Improve CVT aervice to Southwestern College.
Serve as a transfer point for CVT,routes.
Improve CVT operating efficiency, including reducing operating costs.
'.
There are two bus operations functions that should be achieved to meet these objectives: quick access
to and from the College for CVT buses; and cenu:aJization ~f all CVT buses at rme location. Currently,
there are four CVT routes that serve Southwestern College: Routes 704, 70S, 709, and 711 (Attachment
:Lo-l1-
Pale 3, Item 1(,
Meetin& Date 4/12/94
S shows these four CVT routes). Route 704 enters the College campus on Otay Lakes Road, and Routes
70S, 709, and 711 board and deboard passengers on Otay Lakes Road. Therefore, only Route 704 enters
the College campus.
The eadsting CVT service to Southwestern College does Dot meet two important operations objectives
of quick access and bus centralization. Route 704, which enters the campus, experiences delays of 5-} 0
minutes during certain times of day, particularly when College classes are starting or ending. Secondly,
since the four routes serving the College do not stop in one location, bus capacity is not used efficiently.
Most students want to ride the bus that enters the campus; therefore, Route 704 is often over capacity
while the other three routes that stop OD Otay Lakes Road are often under capacity. Centralizing the
buses in one location is also necessary in order for the transit facility to serve as a convenient transfer
point for non-College destined CVT passengers. This transfer point would serve future CVT routes
operating in the EastLake area, and avoid the need for all CVT routes to travel from the eastern part of
the City to one of the three Trolley stations.
When evaluating the transit facility at the proposed LibrarylLeaming Resource Center site against the
bus service and operations objectives discussed above, there are certain advantages and disadvantages
with this location. Attachments 6 and 7 show how CVT routes would be changed to access this transit
facility.
Advantal!es
Since this location is not visible from either Otay Lakes Road or East H Street, there will be no
negative DiJW impact on surrounding neighborhoods.
There is sufficient space to develop a facility in this area and no apparent loss of existing
landscaping.
CVT buses serving the College would stop at one location, thereby improving bus capacity
utili:ation.
The location provides convenient access for College destined passengers to the north side of the
campus and the proposed new Library!Leaming Resource Center.
Disadvantal!es
~ This site would increase CVT's operating and capital costs. Staff estimates that in order
to maintain the tlresent CVT service leveL a transit facility in this location would add
avp.o.l<i"'-tely 5285,000 annually to CVT's operating and capital costs. This cost increase is due
both to the additionsl miles to access the facility from East H Street, and ad"i." three buses on
Routes 709 and 711 to maintain current service frequency (.,ltttol'.h"'ent 8 summarizes the cost
impact of this location on eadsting CVT service).
Access to the tlrOtlosed location presents the following problems for CVT operations:
. ~ There is considerable traffic entering the College before classes, exiting after
classes, a:.d when there are specisl events or activities at the College such as football
games. Delays occur both pro~i"g east on East H Street, and 'Westbound at the left
~/3
Pale 4, Item J (,
Meetinl Date 4/12/94
tum signal at the campus entraDce on East H Street. For example, on Tuesday, January
25 and Thursday, January 27, 1994, at approximately 7:45 Lm., the Transit Division
Adminiotrative Analyst recorded the time delay for two approaches to the proposed tnmsit
facility site. The time to proceed from Otay Lakes Road and Elmhurst Street to the site
was 10 minutes. This routing simulates CVT Routes 704, 709 and 711. The other
approach took about 6 minutes, from Otay Lakes Road north of East "II" Street (in front
of Bonita Pointe Plaza). This routing simulates CVT Routes 705 and 711. For the two
CVT routes that proceed to the East1ake Area - 709 and 711, these delays would occur
on both the inbound and outbound trips, resulting in up to 16 minutes additional trip time
per one round trip. Therefore, without extensive oft'site improvements on East H Street,
such as an exclusive bus lane, buses would experience sisnificant delays on East H Street
while entering and exiting the campus during certain time periods. The College has
committed to access improvements on campus only; oft'-site improvements would be the
City's responsibility.
Traffic counts were taken for vehicles entering and exiting the campus via the East "R"
Street access road. The counts covered the period from 12 p.m. Monday, December 6,
1993 through 12 p.m. Friday, December 10, 1993. The average daily traffic (AD1) was
8,220, with 4,260 vehicles entering and 3,960 exiting.
The counts showed definite peaks in traffic flow, generally coinciding with class start and
end times. For example, between 7 Lm. - 8 Lm., an average 668 vehicles entered the
campus, or 16% of total daily entering vehicles. Another sisnificant period for entering
vehicles was between 6 p.m. - 7 p.m., when 445 vehicles, loolo of the total entering
vehicles, entered the campus. The major period for vehicles leaving the campus was
between 10 Lm. and 2 p.m., when an average of 385 vehicles ner hour exited,
representing 39% of all daily exiting vehicles.
These peak times for vehicles entering and leaving the campus would impact CVT
operations, and complicate CVT scheduling, since schedules would have to allow
sufficient trip time during peak traffic periods. It should also be noted that these traffic
counts did AQ1 include traffic generated by sporting events (such as football games), since
no events were scheduled when the counts were taken.
. Distance: The distance from East H Street to the proposed tnmsit facility location is
approximately 1/4 mile (please see Attachments 1 and 6). Therefore, every time a CVT
bus entered the campus, there would be an approximate 112 mile round trip diversion from
East H Street to the facility and retum.Routes that do not terminate at the College, but
continue on to the east (cumntly Routes 709 and 711) would enter the campus llmh on
the outbound and inbound trips, resultinLin a one mile addition to _r.h rnnnd trip _This
diversion to the tnmsit facility would increase CVT's operating costs, reduce service
frequency due to increased travel distance, and is an out-of-direction travel pattern for
non-College destined CVT passengers.
. Noise: _The entraDce road to the campus has a steep grade and there would be engine
noise from buses accelerating When enterins the campus and potential brake noise when
buses exii"the campus. This noise, and exhaust fumes ~;:n buses, could have a negative
impact on existing residences adjacent to the campus entraDce road off East H Street.
eQV~ lJ/
Pale 5, Item~
Meetinl Date 4/12194
_ Tnn.fer Function: This location detracts from the facility's function as a transfer point,
panicularly for non-College destined passengers. Its distance from East H Street, and the out-of-
direction travel pattern for through CVT passengers, becomes even more evident and inconvenient
when the College is not in session, and CVT buses proceed to the transit facility when there are
no College destined passengers.
In snmm.'Y, bus access in terms of_and distance are the major disadvantages to this location. Bus
access time could be improv~ by on-campus traffic flow improvements and tDd.enSive off-site
improvements on East H Street.. The College has indicated that any oft'-campus improvements. would
be the City's responsibility. HoweVer, even with unrestricted or preferential bus access, the distance to
the location from EUt H Street severely detracts from the transit facility's function as a transfer point
Therefore, it is staff's recommendation that the City not pursue developing a transit facility at this
location.
Altmnative T",n~it Facility Location
Ju a result of City and County stafrs conceptual evaluation of additional transit facility locations in Fall
1992 (Attachment I), one site that met CVT's operating objectives, and Council's objective of not
impacting existing landscaping on the campus, was Site IBl (Attar.hment 2). This site was also
concurred in by the group considering various alternative sites on October 30, 1992. This site is a
modification of the site originally recommended by the Southwestern College Tmnsit Center Feasibility
Study and approved by the College Board (modified in that it required removal of less green space). Site
IBI is located between the Gotham and Elmhurst Street entrances to the campus but is set back about
1 SO feet from Otay Lakes Road and lltili...." part of an existing parking lot
Site IBI was identified by the group as a variation of Site IB (Attachment 1). Site IBI is located about
SO feet further on campus than IB, and uses part of an existing parking lot The primary advantages of
this site are:
It would meet Tmnsit Operations objectives of quick access to the College, and
centralization of bus routes at one location.
It serves well as a Tmnsit transfer point
It meets Council's objective of not impacting campus landscaping.
It should have no aesthetic or environmental impact on the neighborhood.
Both MTBD and County staffs concur that this site would function well as a transit
facility.
It is staft"s recommendation that Council schedule a joint meeting with the Southwestern College Board
to reconsider a transit facility at the Site IBI location.
Minor Imtlrovements on Otav , ..lees Road
If either Council or Southwestern College do not wish to pursue a transit facility at the IBI site (or at
any alternate location oft' Otay Lakes Road), then staff recommends that a transit facility at the College
not be pursued further, and that CVT routes board and deboard passengers at stops on Otay Lakes Road.
A new traffic signal and crosswa1ks will be installed by Summer 1994 at Gotham Street and Otay Lakes
Road. Once the signal is activated, College destin~ CVT passengers will have a safe way to cross Otay
Lakes Road when boarding or deboarding CVT buses. Bus passenger amenities such as shelters and
. _", ~ 0 - I :5
Pale 6, Item I"
Meetinl Date 4/12/94
benches could be installed on Otay Lakes Road. 1bis area would serve College destined CVT passengers
and also serve as a transfer point for CVT passengers with minor low cost improvements.
!l:nmm.rv
A transit facility at the proposed LibrarylLearning Resource Center would increase CVT's operating cost,
reduce service efficiency and effectiveness, and result in less convenient bus service, particularly for Don-
college destined CVT passengers. Staff does Dot recommend pursuing a transit facility at this location.
A transit facility at Site IB I, located about 200 ft. off Otay Lakes Road in an existing parking lot, would
meet CVT's operating objectives. If Site IBI is Dot a feasible alternative for the facility, th-=n staff
recommends m.lring minor capital improvements OD Otay Lakes Road and boarding and deboarding all
CVT passengers in this location. -
FISCAL IMPACT: The County of San Diego has dedicated a total of $900,000 for the Southwestern
College transit facility. Approximately 5180,000 has been spent to date on planning and design work;
therefore, 5720,000 r..m.in. for this project. It is staff's opinion that the transit facility location at the
LibrarylLearning Resource Center site has access and operations problems that cannot all be mitigated,
. even with significant design and engineering improvements, such as exclusive lane for buses on H Street
and priority signalization for buses entering and existing the campus. Including offsite improvements
such as these as part of the project would exceed substantially the 5720,000 pml.ining in the County of
San Diego's budget for this project. The County has indicated that additional funds are Dot available for
this project. Southwestern College has committed to access improvements on campus only; off-site
improvements would be the City's responsibility.
Staff also estimates that a transit facility at this location would increase CVT's operating costs initia11y
by 5285,000 annually in order to maintain the current CVT service level.
Attachments:
Attachment 1 -
Attachment 2 -
Attachment 3 -
Attachment 4 -
Attachment 5 -
Attachment 6 -
Auachment 7 -
Attachment 8 -
Attachment 9 -
Attachment 10 -
WMGIF"J1e: DS.o30
WI'C r_-.uu.cN'''.lI!I
Alternate Transit Facility Matrix
Transit Facility Sites IB1, 6A16AI, and 4
Southwestern College Board approved Transit Facility Location
Letter from John Wdson to Sid Morris
Existing CVT Routes to Southwestern College Map
CVT Routes serving College-approved Transit Facility (area)
CVT Routes serving College-approved Transit Facility (detailed)
Estimated CVT cost to serve College-approved site
Council Agenda Statement 8r. Minutes of June 9,1992
Excerpt Minutes from Southwestern College Board
~-o-l ~
f~- r-
~~/~
IJTrIJCHMGI.IT I.
Evaluation of Possible Southwestern College
Transit Facility Locations
Legend: 0 Good (2) e Fair (1) · Poor (0)
, :} }
Criteria I ~
i I ) I f~ a I ~~
II "'= "'= ~ ! a~ ?let
Sites I f ... l !l t~ 1&
! t II I J Ii ~
l~ a !a
l.A. Original Propoaal: E> 0 0 . 0 E> E> . 0 0 0 0
Between Cotham.. _ 17
Elmhunt (Opt. 1)
1.B. Modified p""pout: 19 E> 0 E> E> 0 P E> E> 0 0 0 0
Setback~ from Otay
Lakes Road
:z.A. Original ~poaal: 16 E> 0 E> E> E> E> E> . 0 0 0 0
South of Cotham
(Option %)
:z.B. Modified Propoaal: E> 0 E> E> E> E> . E> E> 0 0 0
Option % Setback IS
Behind !!" II.... ~'),
:z.c. Option 2: Setback to ' 14 E> E> E> E> E> 0 0 0 E> . E> E>
u.. swc Paddng Lot..
_~Road - --
3. Original Propoaal: E> 0 E> 0 0 E> . 0 . 0 . 0
~orth Parkins Lot (Opt. IS
3)
4- Hoanh_ Uaing n E> 0 E> 0 0 0 0 0 E> 0 0 0
Cotham
5. 'H'StnetUaingSWC 8 . E> . e E> e . 0 . . E> E>
Stadium IlDtrance
6.A. IUDs Road Option:
Expand. ExUtlDs Bua ~2 0 0 e 0 0 0 0 0 0 e 0 0
Area with Dropoff@
Acbnin. B14
6.B. IUJIS Road. Optlon: u.. 14 E> 0 E> 0 0 0 0 e . . . E>
&....lty B14
7. Vacant Lot: North ':
Comer H SVOtay T .1.-. 12 E> e e 0 9 . . 0 0 e . E>
Road.
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caovemlll; Ioatd
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G. GordCl'l"OWllW'lg. D.M.D
Jerry J. ~h
MorICl ,...,.. Perman
JudV SchuIenbllrg
~~ M. Conte
~endenl/Pr"d<<'>f
. November 10, 1993
Mr. Sid Morris
Assistant City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Sid:
I have enclosed the information from
requested regarding the location and
improvements to our access road from
improvements near our stadium.
our architect which you
project description for
"R" street and parking
the
lot
In reference to our commitment to the project, the District will
be responsible for the widening of our access road from "R"
street and the parking lot improvements in the stadium parking
lot. The City/county would be responsible for the construction
of the Transit Center and the "fifth lane" for bus traffic.
I have attached the correspondence that Mr. Conte sent to
Mr. John Goss in February regarding the approved site by our
Governing Board.
If you have any further questions, please contact me at 482-6320.
Sincerely,
11 r{ )J7. 't,.1 d.,p&.v
~~. Wilson, Di~ector
v-usiness and Operations
JMW /ym
~
eel Joseph M. Conte, Superintendent/president
Ken Fite, Viee President, Fiscal Affairs
Bill Lieberman, MTDB
Steve Ron, San Diego County Transit
John T.ippatt, City of .......,,. Vista
enclosure .
YM\COMSP\SMOARlS.CCV\ 113
~~o-.:Lt.
_. ..... . ,...,M "-"J.,m ~AlU6'9) Al2-6323 . SOUIh_8Item Coml'\'U1IIY C'c'-ge l)Istr\Ct
NO'v g \993
LPA
.~;::C~~
'!J...nrr:~
MEMQRANOUM
Inrerior ;:n..j~"
U!:;':ri:J,'.'I!Atl.:,'!::::'.
TO:
John Wilson
Southwestern College
FROM: Joe Yee
DATE:
November 3, 1993
PROJECT NAME: Southwestern College
RE:
Orculation Description
for the North Parking
Lots and Transit Center
PROJECT NO.:
93072.10
cc: Dan Heinfeld, LPA
(;Ienn Carets, LPA
MEMO:
The entry drive has two lanes entering and two lanes exiting the north
parking lots via 'H' Street. At the 'H' Street intersection there are five lanes
of traffic, two for entering the campus and three for exiting the campus. (See
Alternative 'B' diagram.)
Connected to the entry drive is a two lane semi-loop road traveling two ways
and linking to the campus ring road. The semi-loop road will also be
servicing the parking lots In this sector and Transit Center with six bus
parking spaces for the loading and unloading of passengers.
An altemative to the two-way semI-loop road will be to designate It a one-
way, 2 lane, road. (See Alternate 'It! diagram.) The entry drive connecting
to 'H' Street will remain the same.
The construction of a fifth entry drive lane dedicated for bus services would
require additional intrusion Into the slope of the stadium, Into the paved area
west of the field house, and additional height to retaining walls. VISually the
slope bank will need to be re-Iandscape, icreening and softening the Intrusion
of additional roadway Into the stadium area. This will need to be done with
the four lane entry drive also. I think that the dedicated bus lane can be built
and the visual Impact between a four lane road and a five lane road Is
minimal and can be resolved. '
0InP Caunly
Sin Ditfo
SoKr.1m.r.ro
Tli\~". l.ac.
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~7T ,l/<:.JfIf<1GJJT 81/
CVT Service to Southwestern College
Service to Southwestern CoI'ege
Via Proposed College Transit Center (1)
Current Service to Southwe.tem College
Roule
Number
Current
Number
Bueee
Current
Deily
Tot"s
Current
Annul' Mo..
Current
Totl' Annuli
COlts
Number
Bu",
Required
Proposed
Dilly
Totlls
Annuli
Mil..
Totl'
Annul'
Costs
Annuli
Revenue
Miles
Difference
Annuli
Operating
Cost
Difference
704 259 259
93 93
178 178
704 To"'. 2 99,388 $268,294 2 99,388
705 489 446
343 313
705 To,.,. 153 128
2 f50,978 $407,835 2 f37, f08
709 323 624
176 272
709 To"'. 2 9f,840 $247,968 4 f73,888
711 338 440
711 To,.,. f 88,528 $233,828 2 112,840
Total. 7 428,7f2 $f, f57,522 10 523,004
(@SJ.7ltt'.lIe)
Totll EstlmlJted Annuli COlIt I_s. $254,588 Oparet/ng Cost Increl..
$50,000 Ceplt., Cost Increas.
$304,588 To,., Annuli Cost Increl.. (2)
$288,294
o
$0.00
$370,192 (13,888) ($37,443.60)
$469,498 82,048 $22f,529.60
$304,128
28,112 $70,502.40
$1,412,111 ~ 94.2921 $254.588.4011
(@SJ.1111.lIe)
No (f.)
(2.)
Thl. comperl_ .sssumes Ihat IIHI present I.WlI of seMel on CVT routes 704, 70S, 709, " 7f f would be ml/nt./ned wlflllh. Trlnslt Cen'"
The 311dd1t1onll buees required Ire esllmllld to cost $250,000 eech. They Ire depreciated over f5 yelrs to reflect III annUlI capltel cost of $50,000.
If r;-- 2-
..€a - 3 't.
COUNCIL AGENDA STATEMENT
*rrJJCH/I1E~T 9.
I~
IIHttllll Date 5/g/g,
lTEJI TITLE: Resolution r"Loll Approving agreellent between the County
of San Diego, Southwestern Community College District, and the
City of Chula Vista for construction, _intenance and
operation of the Southwes~e.rn~ollege Transit Center
SUBMITTED BY: Director of Public Works ~ '
REVIEVm BY: City tu.na~e1 (4/5ths Vote: 'es-lto...JJ
Council conSidered this item at its ..eting on May 5, 1992, and directed staff
to provide the following additional' information on the transit center project:
the traffic pattern exiting the college and transit center at Elmhurst St; a
~re detailed cost breakdown of the project; the cost of other transit center
alternatives ..ntioned in the feaSibility study; and solicit the City
Attorney's review of the contract to ensure that it contains adequate cost
control language. Attached for Council's information is the agenda statement
(including the feasibility study and agreement) considered by Council on May
5, 1992 (Exhibit 1). This agenda statement will present the additional
information requested by Council.
RECClMENDATION: That Council approve:
1.
Agreement between the County of San Diego, Southwestern Community College
District, and the City of Chula Vista for construction, .aintenance, and
operation of the Southwestern College Transit Center; and
Conceptual site plan Alternative 1 as shown in the Southwestern College
Transit Center feasibility Study.
BOARDS/CCMUSSIONS RECOIItEHDATION: Hot applicable.
DISCUSSION: .
2.
Traffic Pattern
The conceptual design of the transit center has been slightly lIOdified to
provide better ..nagement of traffic on the college access road (Elmhurst
Street extended) and to its intersection with Otay Lakes Road. As noted on
the attached diagram (Exhibit 2), a raised barrier island has been
incorporated into the design for the purpose of creating an exclusive
right-turn bus lane and to reduce confusion at the Otay Lakes Road
tntersection. The lIOdified design creates better definition of the transit
center exit driveway and should result in Opti.lIII safety perforlllnce of the
Otay Lakes Road/Elmhurst Street intersection.
After tt was determined that the best location for the Transit Center was in
the proposed location it was determined that a traffic signal would be
required at the intersection of Otay Lakes Road and Elmhurst Street in order
~~o-.33
Page 2, It. \3
Meeting Date 6/9/92
to permit bus traffic to safely and expeditiously ..ke a left turn out of the
center to go north on OtIY Lakes Road. It would also provide the necessary
brake in OtIY Lakes Road traffic to allow busses coming frOll the south to
enter the Transit Center at Gotham Street.
Under this plan it is also expected that college traffic will be attracted to
the signalized intersection. Since the ranking of the intersection of Gotham
Street and OtIY Lakes Road is based on the .ntering volume of traffic, which
is basically warranted by the college traffic and not the neighborhood
traffic, the diversion of traffic to Elllhurst would effect the nU1llber of
signal priority points that this intersection receives. It was concluded that
re-distribution of traffic due to the Transit Center would also reduce
conflicts at the Gotham Street intersection but would cause a greater impact
at the El.nurst Street intersection.
Cost Braakdown
A cost estillate for the project is attached IS Exhibit 3. Transit Center
construction, including the traffic signal and a 15S contingency, is estillated
at $745,000 or about 65" of the total project cost. The other ..jor cost
components of the project are: the feasibility study, design, construction
inspection, and project .anagement. Land will be dedicated by the College.
As indicated in the attached letter from Sharon Jasek Reid, Deputy Director
Public Works, County of San Diego (Exhibit 4), the two lIain objectives of the
project design were to develop a facility whose function would improve transit
service and auto access to and from the College; and also be aesthetically
compatible with College architecture and enhance existing development in the
area.
Cost of Altarnatives
Detailed cost estillates were prepared only for Alternative 1, the recommended
site plan. All four alternatives share the same basic design components; the
only lIajor difference among the alternatives that would affect cost is
location. The County staff and consultant for the project, Estrada Land.
Planning, estillate that the recOlllll8nded Alternative 1 and Alternative 4 are
comparable in cost, while Alternatives 2 and 3 would be aore expensive.
City Attorney Rav1ew of Aareement
The attached letter from Ms. Jasek Reid (Exhibit 4) indicates that the
agreement allows all three parties cost .control through the design and review
process. Section I.C. requires the County to obtain City and College final
approval of project design and Section IV.A. states that the County will
submit 301, 701, and final working drawings and specifications to the City and
College for approval. The City Attorney has reviewed the agreelll8nt and
concurs that the existing language provides adequate cost control for the City
on the project.
,~...~
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Page 3, It. )..!.
Meeting Date 6/9/92
FISCAL IMPACT: The total estlaated cost of the Southwestern College,
Transit Center is $1,150,000, which includes the completed feasibility study,
engineering drawings, construction, inspection, and project unagement,
including a 15S contingency. Southwestern College w111 dedicate land to the
City for the Transit Center. The County of San Diego has programmed $900,000
of its TOA funds for this project, and the City will commit up to $250,000 of
its TDA Article 4.0 funds to this project, if needed after expenditure of the
County funds. It is difficult to estimate annual -.jor ulntenance and repair
costs or potential ltablltty costs related to center operations. However,
SCOOT .aintenance and repair costs at the H Street Trolley Station Transit
Center (which is a comparable fac11 ity to the one proposed at the COllege)
have averaged about $800 annually over the past ten years and there have been
no liability costs related to the H Street Station Transit Center.
WMG:DS-030/DS-037
liPC 15571
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RESOLUTION No.-1101o n
RESOLUTION or ~~ eITY eOUNe~L OP THE exTY OF
CHtlLA VISTA APPROVING AGREEMENT BETWEEN THE
COUNTY OF SAN DIEGO, SOUTHWESTERN COMMUNITY
COLLEGE DISTRICT, AND THE CITY OF CHtlLA VISTA
FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF
THE SOUTHWESTERN COLLEGE TRANSIT CENTER
WHEREAS, at its meeting of February 20, 1990, Council
approved an aqreement between the County of San Diego, 'Southwestern
College and the city of Chula Vista for a Southwestern College
Transit Center feasibility study; and
WHEREAS, the feasibility study has been completed which
concluded that the Southwestern College Transit Center Project is
necessary and feasible; and
WHEREAS, the aqreement, and Alternative 1 Conceptual site
Plan, have been approved by the Southwestern College Board of
Directors; and
WHEREAS, the total estimated cost of the transit center
project is $1,150,000, including contingencies; and
WHEREAS, said aqreement authorizes the County to proceed
with construction of the transit center and defines maintenance and
operation responsibility between the College and the City once the
center is completed; and
WHEREAS, according to County staff, the project will
follow California Environmental Quality Act (CEQA) quidelines for
environmental approvals through use of a Ne~ative Declaration; and
WHEREAS, Council, at its May 5, 1992 meeting, directed
staff to provide more information regarding traffic patterns, cost
breakdown and other transit alternatives.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve aqreement between the
County of San Diego, Southwestern Community College District, and
the City of Chula Vista for construction, maintenance and operation
of the Southwestern College Transit Center, 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
aqreement for and on behalf of the City of Chu1a Vista.
'~_r
~o..:.37
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BE IT FURTHER RESOLVED that the city Council does hereby
approve the Conceptual Site Plan Alternative 1 as shown in the
southwestern College Transit Center feasibility, study.
Presented by
John P. Lippitt, Director of
Public Works
C::\n\__
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Urban V: r. Veronica E. Jones
891 otay Lakes Road
Chula Vista, CA 91913
May 28, 1992
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Faxed to (619) 425-6184 o~ 5-28-92 4:30 p.m.
Honorable Mayor and city Council
City of Chu1a Vista
276 4th Avenue
Chula Vista, CA 91910.
SUbject: SOuthwestern College Transit Center
Honorable Mayor and Council Members,
'this request is for a public hearing to allow input from the
public into the matter of the proposed transit center within the
Southwestern College Campus and along the West side of otay Lakes
Road.
As you can see by our address our home of the past 26 years
fronts on otay Lakes Road and would be immediately across the
street from the proposed transit center. We had 10 years ago a
transit stop in front of our home and got it moved to a commercial
area due to the fumes and increased traffic at our front door. In
the intervening years our side of otay Lakes was designated by you
the City for no parking during school hours as the impact on the
residences along otay Lakes was too great. Robberies have forced
us to put bars on all our windows and doors and this is in part due
to the growth in the area part of which was on again Campus
Property. Although our request is self motivated in part it is
also for the balance of the community.
It was in. fact the effort of a neighbor so.e blocks away
from Otay Lakes Road that alerted us to the approval of the project
by the Southwestern College Board of Trustees. His alert was more
of an alarm as the rest of the neighbors we have discussed this
with are equally concerned with the negative impact of this
project. .The following are so.e of the concerns:
1. No EIR was filed on the project.
2. Southwestern was originally planned to become a 4 year
college and in fact was promoted as such for the bond
financing to acquire the land and build the facility.
A. 'the efforts of the Board of trustees in selling
off parcels of land has reduced the land of the campus
to prevent the conversion to a 4 year school.
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B. Any further reduction in available campus land
will further prevent future expansion of the existing
institution.
C. A review of the original and subsequent bond
financing vehicles to check the propriety of the
boards actions relating to the selling of land
.specifically acquired for the c~pus.
D. A review of the propriety of the Board to enter
into a joint venture unrelated to education.
3. Lack of adequate traffic studies before the Board took
action and prior to formulation of the proposal.
4. Air quality studies on the impact of Bus pollution.
S. Moise studies on the impact of noise on the adjoining
property owners and student population.
6. Environmental issue of reduction of qrass and plants in
lieu of acres of concrete and asphalt. Sounds like the
Brazilian Rain Forest syndrome.
7. A study on the impact on crime due to increased
transient population.
8. A study on the need and feasibility if a 4 year campus
is built elsewhere in area thereby possiblY reducting
student populations and ridership.
9. Increased danger to Junior High and High School students
walking, riding bicycles, and driving to area schools on
otay Lakes Road..
10. Increased danger and congestion to college campus
students both driving and walking to college from ajoining
community.
'1'0 our knowledge these issues have not been addressed. In
addition the lack of normal procedures to notify adjoining effected
property owners is apalling, unfair and reminescent of railroading
techniques of the Boss '!'Weed days. Before you mm city council
passes judgement on the proposed project we are asking you to be a
truly representative form of government.
Please hear us, protect us, and in all sincerity represent
us.
''!'bank you and we look forward to getting your response.
Respectfully yours,
U~~~
Urbon v:.Jijies
/ j ~~t ~(.{2.a/
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Thomas A. Davfs
1657 Gotham Street
Chula Vfsta. CA 91913
421-6577
May 21. 1992
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Th~ Mayor and Cfty Councfl of the Cfty of Chula Yfsta
276 Fourth Avenue
Chula Yfsta. CA 91910
Dear Hayor and .embers of the Cfty Council:
In February of this year I wrote to you regarding a
decision by the city staff not to install a traffic signal
at the intersection of Otay Lakes Road and Gotham Street.
When that letter appeared on the City Council agenda for
February 18. 1992. the city staff provided you with a brief
written information report to substantiate their reasons for
not fnstalling a traffic si9nal at the intersection. and
recommended that you receive and file my letter without
further action - which was done.
After the Council action I corresponded with the City
Manager. requesting further details that supported the staff
decision not to install a traffic signal. e.g.. traffic
warrants and traffic analysis. and so on. I also asked to
know Why another intersection further north on Otay Lakes
Road. at Camino Del Cerro Grande. had a traffic signal
funded and installed. along with extensive curb and cross
walk improvements. ahead of other intersections (Gotham
Street being one of these) that the City staff itself had
established as having greater need.
I did not receive a reply to my request for information
until May 12. 1992. more than two and a half months later. I
can understand that the cfty staff has many important func-
. I
tions and duties to perform. and that responding to citizens
requests for information intrudes on this process. but.it
seems odd that it took so long to answer questions that
should have .lready had answers ff the decisfon not to
install a signal at Otay Lakes Road and Gotham Street had
previously been documented. While this time delay is irri-
tating. ft now appears to be a .inor issue. .
The overriding reason for not installing a traffic
signal at Otay Lakes Road and Gotham Street are city. col-
lege and county plans f4r the construction of a Transit
Center fn place of the front lawn at Southwestern College
along Otay Lakes Road. The City of Chula Yista. San Diego
dlo-4.:!.
... ~e._ I
City Council. May 21. 1992. Page 2.
County and Southwestern College staffs have been negotiating
for some time among themselves to develop a plan for the
construction of the Transit Center that will draw $900.000
dollars from county transportation funds and $250.000 dol-
lars from similar City of Chula Vista funds.
The front lawn of the college seems to have been chosen.
as the site for the Transit Center in a roundabout way.
Southwestern College controls adequate unde~eloped land on
the corner of Otay Lakes Road and East H Street to build- the
Transit Center. If this site were used. the cost might even
be less than putting it on the front lawn since there are
already traffic control devices installed in the immediate
vicinity of the corner location. However. the Southwestern
College administration wishes to reserve this undeveloped
site for some future joint development venture with a
yet-to-be-determined partner. As a result. the college has
chose~acrifice the aesthetically pleasing and environmen-
tally benign front lawn and convert it into an acre and a
half of concrete. asphalt. transplanted palm trees and fake
-Aztec-like- pillars.
When I appeared before the City Council in February and
appealed to you to reverse the decision not to install a
traffic signal at Otay Lakes Road and Gotham Street. the
city staff informed you that their decision was sound. based
on a significantly reduced traffic volume at that intersec-
tion. The staff position was further enhanced by certain
financial benefits to the city derived from funding provided
by the county for the construction of the Transit Center.
The staff. it turns out. had not done a traffic study at the
Otay Lakes Road/Gotham Street intersection. or the area. in
a number of years - the information provided to you in
February had no basis in fact. and was guess-work.
It was not until April 28. 1992. according to the
traffic warrants provided to me by the Director of Public
works in his Hay 12. 1992 letter. that a traffic survey was
actually done. some two months after I appeared before the
City Council. No accurate traffic-data appears to have been
used in the Transit Center planning to this point. either.
The statement that staff made to you in February that the
traffic count at the Gotham Street intersection had declined
to 1100 vehicles per day was wildly inaccurate. After the
April traffic count the previously reported volume turned
out to be in error by 3781 - the April count indicates the
average daily traffic volume at Gotham to be 4160 vehicles
per day!
-26 - 4 $
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City Council. May 21. 1992. Page 3.
It distresses me that the city staff was so careless in
providing you with accurate inforaation. I feel that this
severely prejudiced your action on my February request. It
was made to appear that there was no substantiation or
justification for .y appeal. and naturally you acted accord-
ingly. However. almost every aspect of the staff position in
February was not supported by accurate facts (in some cases.
none at all). The situation appears little changed now.-even
after receiving the .answers. to ay questions addressed to
the City Manager.
The Director of Public Works. for example. indicates in
his May 12th reply, that the traffic survey done in April
demonstrates that the intersection of Otay Lakes Road and
Elmhurst Street is now busier than the one at Gotham Street.
My examination of the warrants clearly shows that the traf-
fic volume at Elmhurst (the minor street) has a volume of
2000 fewer vehicles per day than Gotham Street. Somehow.
with a traffic count half that of Gotham, Elmhurst was
awarded a maximum of 12 points for vehicle volume - as
opposed to 6 points for Gotham Street. This kind of suspi-
cious manipulation of figures produced a forced total of 55
points for Elmhurst and only 43 for Gotham Street.
Another weakness in the traffic study is the failure
to take into account that traffic flow has been severely
reduced along Otay Lakes Road between the Gotham Street
intersection and Telegraph Canyon Road because of road
construction. For over a year much of the traffic that might
otherwise use Telegraph Canyon is. and has been. opting to
use East H Street rather that fight the construction and
congestion on Telegraph Canyon Road.
I also note that the city staff has never produced
factual justification for the installation of a traffic
signal and side walk and curb improvements at the intersec-
tion of Otay Lakes Road and Camino Del Cerro Grande/Surrey
Drive. Failure to support this decision with facts aakes it
appear more and more likely that the decision to fund a
signal at that intersection was made arbitrarily. and ahead
of intersections having a greater need.
There are two request that I wish to make of the City
Council. First. I would like the City's involvement in the
matter of the Transit Center. and the commitment of funds
for its construction at the site in front of Southwestern
College. to be impartially reexamined. This project has
c2tJ - 4S-
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Cfty Councfl. May 21, 1992. Page 4.
never properly fnvolved the resfdents fn the vfcfnfty of the
college, and ft has not recefved a realistfc or accurate
examinatfon of the ~ffect of fts constructfon on Otay Lakes
Road trafffc flow. Second, I would request that a accurate,
strafghtforward, determfnatfon be made of the traffic and
pedestrian situation at the Otay Lakes Road/Gotham Street
intersection, wi~h serious consideration being given to the
fnstallation of a traffic signal there at the earliest
possible tille.
Thank you for your fndulgence once again of this mat-
ter.
A"'jk.
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Robert C. Muff
874 Xavier Avenue
Chula Vista,. CA '1913
(619) 421.3320
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Mayor Tim Nader
276 4th Avenue
Quia Vista, CA 91910
27 May 92
SUB1: Proposed Transit Center - Southwestern College.
Dear Mayor Nader:
I have just recently learned about the proposed transit center being planned for the
"front yard" of Southwestern College.
As a CODcerned citizen and close neighbor to. SWC. I atronv1v onpose any plans to
alter the beautiful landscaped area in front of the college bordering Olay Lakes Road.
As Chula Vista rapidly expands eastward. Otay Lakes Road is becoming more and more
commercialized. One of the last remaining garden &pots in this immediate area is the
SWC campus. Much time. effort. and money has been spent planning and
maintaining the front approach to the campus. 1 would hate to see the trees and grass
removed to make way for lots of concrete to luppon a handful of noisy and polluting
busses.
Alternatives must be considered: j
I. Empty lot - southwest corner of Otay Lakes and East "H" Streets.
2. Another area on campus. possibly in the ex;stin2 parking lot above Ik. west of
the stadium. (This approach would save lots of concrete...and taxpayers money)
Unless you have forecasted and documented a dramatic increase in passenger uaffic
Into and out of Southwestern College. 1 seriously question the necessity to increase
the capacity of the current bus stop.
Request you reevaluate this uansit center requirement before we College Estates
residents lose this beautiful area to yet another concrete jungle.
~::;~-c..} -
~rt C. Muff ~
Copy to: .
1. County Supervisor Bilbray
2. SWC President Conte
3. Star News Editor
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June 1. 1992
Mr. Joseph Conte. President
Southwestern College
900 Otay Lakes Road
Chula Vista. CA 91913
Re: Proposed Southwestern College Transit Center
Dear Sir:
Recently it has come to our attention that San Diego County and South-
western College are proposing to build a transit center at the present
front entrance to the college. After reviewing the plans. we are list-
ing below a number of reasons why we. as residents of College Estates
(the residential area immediately to the Ea,t of the college) are
opposed to the transit center:
1. Present economic conditions for Federal. County and City do
not warrent this expendure of tax payers' dollars (estimated
cost $1.150.000.00). Budget deficiencies have forced many
public employees to accept their jobs on a part-time basis.
or face lay-off.
2. In future planning this Center may be a Dlus for East Lake
developers. However. it will empact the residential com-
munity that exists all around the campus (North. South.
East and West) by the additional traffic that would be
created; as well as adding to the pOllution. Furthermore.
zoning has been changed at the East Corner of Otay Lakes
Road and H Stret. making this property available fOr another
Shopping area. Together with Ralph's shopping center and
the 7-11 strip mall at the other end of Otay Lakes Road. plus
the Fire Station .at Elmhurst. the eventuality for an intolerable
congestiDn of traffic in this immediate area is very probable.
3. We seriously question how the Transit Center would benefit
the students who attend Southwestern. Our home being
directly across from the main entrance to the campus. and
also the fact City buses stop almost directlY in front of
our house. we observe a very small percentage (perhaps as
small as 10%) of the students using the buses as their means
of transportation to the college. We ourselves also use the
buses frequentlY (#704 and #705). and find there is a very
small percentage of residents taking advantage of them. It
is a well-known fact that students of highschool and college
age are car-oriented; and most of John Q. Public for that
matter.
4. We believe there is a safety matter to be considered also.
With a Middle School. a Highschool. and a College along
Otay Lakes Road. there are a large number of their students
who walk along this busy highway to and fro~ school. The
possibility for serious accidents to happen with the increased
flow of traffic the Center would bring should not be taken
liPUy. ~..2o - 41
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I
Mr. Joseph Conte, President
Southwestern College
June 1, 1992
Page 2
5. Although this opposition to the Transit Center is more of a
personal consideration, it is also one that we are sure is
of considerable concern to all College Estate home owners.
We believe the Transit Center would mean a great deal more
traffic than what we already contend with when attempting
to enter Otay Lakes Roadl would mean more air pollution
and litterl and a lowering of our proper~y values.
6. The proposed location of the Transit Center at the main en-
trance to the Southwestern College would mean destroying
the beautiful setting it now presents to the public.
It is our understan"ing after talking with persons in the City of Chula
vista administration that this project has been in the planning stage
now for two years. However, it only came to our attention ten days ago.
Certainly more advanced information would have been appreciated by those
of us living in the area.
Thank you to give our objections your serious consideration.
C~
Robert F. Kelley, Sr.
~Vt.~ ~j(~
)r~eanor E. Kell~Y-~
875 Otay Lakes Road
Chula Vista, CA 91913
482-1809
cc:
Brian Bilbray, Supervisor, City of Chula Vista
Tim Nader, Mayor
Jerry Rindone, Councilman
Leonard M. Moore, Councilman
Shirley Grasser. Horton, Councilwoman
David Malcolm, Councilman
John Wilson, Southwestern College
Tom Davis, resident College Estates
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A PETITION OPPOSIIIG THE CO~STRUCTlON OFA TRAIlSIT CEIlTER Oil
THE FRONT LAWN 2F SOUTHWEST~RN COL~~GE
By the residents of College Estates and surrounding areas
Name Pr,-,,4- Address Date' Signature
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By the residents of College Estates and surrounding areas
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Name Address Date Signature
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A PETITIOI ~TRUCTIOI OF A TRAISIT CENTER ON
N L SOU't'1N!'rrlRN CoratE
By the residents of College Estates and surrounding areas
Name Pr:^ + Address Date Signature
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A PETITION OPPOSING THE CO STRUCTION OF A TRANSIT CENTER ON
R N. IIN
By the residents of College Estates and surrounding areas
Nllle Pr ;lIt . Address Date Si gna ture
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.A PETITION OPPOSING THE CON~TRUCTION OF A TRANSIT CENTER ON
THE 'RONT LA~N 0 SOUTH~EslllN COL~E
By the residents of College Estltes Ind surrounding'lrels
Nllle
Address
Dlte
Signlture
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A PETITION OPPOSING THE CO~STRUCTION OF A TRANSIT CENTER ON
T~E FRONT LAWN F SOUTHWESTERN COLLE6E .
By the resfdents of Coll.ge Estates and surroundfng areas
Nalle
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.Jun. 3. 1992
Philip Ed. Ry.n
1631 Got.h.. St..
Chul. V1at. CA 91913
IIr. To. D.v1a
16S7 Goth.. St.
Chul. V1at. CA 91913
I
!
D..r IIr. D.v1a.
-I ..y not b. .bl. to ..k. 1 tto th. ...1:.1ng on .Jun. 9th du. to
working obl1g.t1on..
I .upport you in your ~1gh1:. .g.~n.t 1:.h. 1na1:..11.1:.10n o~ . bu. d.pot
on th. ~ront l.wn .r.. o~ Sou1:.h~..t.rn Coll.g.. You ..k. ..ny v.11d
point. .bout 1:.h. proj.ct. ..p.c~.llY 1:.h. l.ck o~ con.ult.t1on with,
.nd 1n~or.at1on p....d 1:.0 th. p.opl. in 1:.h. n.1ghborhood that will
. b. .:f~.ct.d.
I~ I c.n ..k. it 1:.0 1:.h. ...t1n, on 1:.h. 9th I will go but 1~1 can
not pl.... u.. my l.tt.r to yo~ .. . vo1c. .g.1nat th. bu. d.pot.
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A
PETITIOII
OPPOSIIlG THE
HE FRONT LAII
OIlSTRUCTIOII
OF OUTHII
OF A TRAilS IT CEIITER
RN OL
ON
By the residents of College Estates and surrounding areas
Nalle
Address
Date
Signature
~~~-~~~~~~~~~-~- ~--
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,
Minutes
June 9, 1992
Page 12
Councllman Moore stated one of the criteria included bi-cu1tj1r11 aspects. In reviewing the tum it included
two Mexicm Nationals, eight other Hispanics, one Black, siPt of those listed were females, for Asians, and
one Other.
.
CouncDwoman Grasser Horton agreed with many of Mayor liIader's concerns and stated it was an extremely
hard decision to make.. She was very impressed with the Ust of architects but due to the time frame and
funding, she felt that the City would be receiving a beaut\fu!ly designed project that they could be very
proud of. She felt that if CouncD reviewed the top eight cjmdidates it would be very comprehensive and
time consuming and she did not feel the time was available for such a review. .
VOTE ON MOTION: ",".u...d 3-1-0-1 with Nader opposed and Malcolm alwhini"g.
Mayor Nader requested that the City Clerk docket, under "'ayor's Comments, for 7/21192. amending the.
CouncD policy for the selection of architects.
councilman Malcolm returned to the dias at 9:43 p.m.
13. RESoumON 16611 APPROVING AGREEMENT BE'IWEEN nm coumY OF SAN DIEGO,
soUIliWESl'ERN coMMUNITY COu.EGEOlSTRICT,ANDi'HE C1YFORCONSTRUcnON,MAJN'IENANCE
AND OPERATION OF nm soUIliWESl'ERN COu.EGE TllANSlT CENTER . Council considered this item
at its 5/5/92 meeting and requested additional information on the project. Staff recommends Council
approve: 1) the resolution, and 2) the Conceprual Site Plan Alternative 1 as shown in the Feasibility Srudy.
(Director of Public Works) Continued from the 5/5/92 meeting.
William Gustafson, Transit Coordinator, summarized the project.
l
CouncDman Rindone requested clarification of the differences of the plan, specifically regarding the exit from
the college on Elmhurst Street and the flow from the college exits.
Mr. Gustafson stated the primary change was the island bl!ing extended to the west. It would segregate the
traffic coming out of the college on Elmhurst extension rj-om the bus traffic that would either merge into
the Elmhurst area or to circle around an exit on Otay Wes Road for the buses heading south.
CouncDman Moore questioned whether there was landscaping on the island and the number of routes to
the college in the fall.
Mr. Gustafson presented a conceprual drawing of the isll\l1d and landscaping. He stated that there would
be four routes which was one less route, but they would ~ adding all day service on Route 709. It would
be less routes but more frequent service. .
Counci\man Malcolm questioned whether there would be additional bus trips once the tranSit center was
completed. He also questioned whether buses would be: allowed to idle in the bays.
Mr. Gustafson responded that there would not be additicinal bus trips next Iiscal year but the fact that the
center was there would enable them to expand service oyer the years if needed. He stated there would be
a layover for some of the routes, i.e. between five to seven minutes.
Mayor Nader questioned what new traffic signalization would be included.
Mr. Gustafson responded that a new signal would be pla~ed at the intersection at Elmhurst and Otay Lakes
Road.
I
~...~a- ho
,
.
Minutes
June 9, 1992
Page 13
The following people IpOke in opposition to the transit center due to concems of air pollution, noise
pollution, removal of open space, costs involved, limited parkins. me! aesthetic value:
. Eugene Dershem, 1618 Elmhunt Street, Clula Vasta, CA 91913
.. Dawn Dershem. 1618 Elmhunt Street, Chula Vista. CA 91913
Do~d C. Bodie, 16S4lthaca. Clula Vista. CA 91913
Kathy Hibbard, 1651 Gotham Street. Clula Vista. CA 91913
John F. Markham Jr., 1663 Gotham Street, Clula Vista, CA 91913
Katherine Belo. 815 Otay Lakes Road, Chula VISta, CA 91913
Cecilia Vasquez, 811 Otay Lakes Road. Clula Vista, CA 91913
Samuel R. Longanecker, 1689 Ithaca Street. Chula Vista. CA
Robert E. Chaffee. 1641 Gotham Street, Clula Vista, CA
Veronica E. Jones. 891 Otay Lakes Road, Chula Vista. CA 91913
Urbon Jones, 891 Otay Lakes Road. Chula Vista, CA 91913
Mario Failla, 879 Otay Lakes Road, Chula Vista, CA 91913
Margarete Failla, 879 Otay Lakes Road. Chula Vista, CA 91913
Barbara Longanecker. 1689 Ithaca, Chula Vista. CA 91913, was not present when called to speak.
Tom Davis spoke in opposition to the staff recommendation and presented petitions in opposition with 165
signatures. He also referred to his request regarding the installation of a traffic signal on Gotham Street and
Otay Lakes Road. He felt the information regarding survey numbers given to Council were incorrect.
Steve Harris. 713 Brookstone Road. "204. Chula Vista. CA, IpOke in support of the staff recommendation.
Councilman Moore informed the public that there was a state mandate to improve the air quality by
increasing the number or riders per car. If the City did not improve ridership the Air Quality Control Board
would set mandatory fees and fmes. Therefore, the City was caught in the middle. The number of buses
would not be increased due to the transit center. the turn around would allow safer movement for the buses.
but it would also move the pollution closer to the homes. The question was whether It was the right
location and he felt Council should direct staff to come back with a recommendation for the second best
place.
Councilman Malcolm stated he was committed to public trarlSit but wanted to make it clear that the County
of San Diego could move forward with the project without the approval of the City of Clula Vista. The only
reason it was before the Council was because they were requesting $250,000 towards the project. He
wanted to have a transit center there but did not want the IBIS taken OUL The faculty parkins lot in front
of the College could be utilized as a transit center which would utilize existing paved areas. He did not feel
that public input hall been included early enough in the project. fie would like to send It back to staff to
see what could be done to encourage public participation. public availability, and to be able to save the
expanse of the grassy area.
Councilman Rindone .tated he served on the Metropolitan Transit Deve10pment Board and felt a transit
center was needed. He also referred to the .tate mandates and regulations and stated he was very much
transit oriented. This was an occasion where citizens came forth and the rime had come were there needed
to be a balance. Most speakers had acknowledged the need for a transit center and he felt It should be
referred to staff to look for the next best location.
MS (JUDdonclGrasser Horton) refer to staff to fiDd another appropriate location for the trarIIir center but
DOt m place It where It would destroy the aesthetic beauty of the College.
~~02o-61
utes
t 9. 1992
e 14
1II,.n.,.." Moore questioned whether the City would have to be a salesman and ,en the County on the
t that the City Council did not want it there. that they would have to conaibute more money toward
esiJll, and may have to ~ some infrastNCNre costs also.
, Gustafson responded that the County wanted to do what the City wanted to do and the City wantecl to
what the public wanteeL They did need to ta1k to the Collele u some of the issues discussed had been
viously discussed and dismissed.
mcilman Rindone felt there were other options to be considered. Le. main parking lot, southeut portion
IDain lot, Otay Lakes !load at the bue with shuttle service to the Collele. etc. He felt that Southwestern
Ilese wanted to be a loocI nelshbor ane! would work with the Council and the neishbors.
I}'Or Nader stated that the neighborboocl wa. broulht into the process rather late and felt a lot of time
we! have been Aved if there was a process early on where the public had been notified. He encouraled
ishborboocls to establish community planning councils. .
7TE ON MOTION: lIJ'i"vvecI .......imously.
lyor Nader informecl the public of the existing ordinance reluding the adjournment of a Council meeting
10'.30 p.m. unless there was a motion to continue. Due to several members of the public waiting to
ldrea items on the alenda he would prefer to see the meetinl continued.
S (Nadcr/Malcolm) to continue the meerlnl to bear items Sa, 14. 15, CouDcil Comments, acl QosecI
siou. All other items to be continued to the meeting of June 16. 1992-
arolyD Butler. 97 Bishop Street, Chula Vista, CA 91911, stated she hae! requested that 51 be pulled from
\I Consent Calendar and now requestee! that it be continued to the meetinl of June 16, 1992.
IayW Nader stated he would amend his motion to continue item Sa to the June 16, 1992 meetinl.
~ty Manlier Goss informed Council that item #8 required a 4/5th's vote and requested that Council address
llat item.
:ouncilman Malcolm requested that item 8 be docketee! for the meetinl of June 30. 1992.
IO'IE ON MOTION: .pp,o)ftd .m...lmously.
l4. REPORT REGARDING 1HE REQUESTBY!lOBERTO GRAnANNE. MD., FO!lAUEN .
MiREEMENl" IN UEU OF POSl1NG A ~ BOND FOR 1HE DEFERRAL OP PUBUC 1MPIl0VEMENl'S AT
360 "H" sTREET . The owner of the property at 360 "H" Street is convertinl an existing sinlle family
~wel1in1 on the site to a medical office. The City has required wie!ening and installinl public improvements
alonl the frontale of"H" Street. The owner hu appliee! for and was crantee! a deferral of this requirement
with a condition a cuh bond be posted in the amount of 59.700. The owner hu requested that the City
accept a lien on the property insteae! of postinl the cuh bond. As directed by Council at the 5/12192
meetinl, staff is c:umntly revisinl the policy relardinl the hancllinl and approval of lien asreements.
However. because this request was alreae!y in process before the Councillleferral. staff is submitting the
request to Council for consideration. Staff recommends Council accept the report and deny the applicants
request. (Director of Public Works)
MIyor Nader stated that Council would consie!er items 14 and 15 aitDultllleously.
~.20"-.b'L
.
.
TEL: 619-421-0346
Apr 6~94 15:19 No.OOl P.02
. .
()li~ 10
o
~tsm
eo...nIng _d
Augle 8or..-.o
Q. Qcrdon 81o_g. D.M.D
Jerry J. Griffith
MorIO NDYOI'PIlImOn
Judy Sc:huI8nberg
JoIopI. M. Cont..
~..InI..ndant{Pr"cWI'
MOVED BY GRIFFITH, SECONDED BY BARENO AND CARRIED,
TO APPROVE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO,
CITY OF CHULA VISTA, AND SOUTHWESTERN COLLEGE FOR A
FEASIBILITY STUDY FOR A BUS TRANSIT CENTER AT
SOUTHWESTERN COLLEGE, AT NO COST TO THE DISTRICT.
AGREEMENT
FOR
FEASIBILITY
STUDY
-------.------------------
STATE OF CALIFORNIA)
)SS
COUNTY OF SAN DIEGO)
I, JOSEPH M. CONTE, SECRETARY TO THE GOVERNING BOARD OF THE
SOUTIiWES'!'b:HN COMMUNITY COLr.F:GR DISTRICT OF SAN DIEGO COUNTY,
CALIFORNIA, DO HEREBY CERTIFY THAT THE FOREGOING IS A FULL, TRUE AND
CORRECT COpy OF A MOTION UNANIMousr.y PASSED BY THE GOVERNING BOARD OF
THE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT AT A MEETING HELD ON THE
14TH DAY OF PEBRUARY, 1990.
.2~ :::'NI~O
~.RO -b3
.--' -...- .....-- -........
..1-.
.
<<>>
s~
~Ing IoCIld
N.rJe Ilareno
G. Gorden 8ro~. D.M.D
Jerry J. ~lltIItl
McwIo Ne.el-Permon
N:Jy SChUlercerQ
JolllPh M. Conte
~..lntendent/PrOlldonl
CHULA VISTA CITY, SAN DIEGO COUNTY AND TRANSIT
REPRESENTATIVES DISPLAYED ARCHITECTURAL RENDERINGS
AND DISCUSSED PROPOSED TRANSIT CENTER AT SOUTHWESTERN
COLLEGE.
SUPERINTEN-
DENT/
PRESIDENT'S
REPORT
--------------------------
STATE OF CALIFORNIA)
)SS
COUNTY OF SAN DIEGO)
I, JOSEPH M. CONTE, SECRETARY TO THE GOVERNING BOARD OF THE
SOUTHWESTERN COMMUNITY COLLEGE DISTRICT OF SAN DIEGO COUNTY,
CALIFORNIA, DO HEREBY CERTIFY THAT THE FORF-GOING IS A PULL, TRUE AND
CORRECT COPY OF A MOTION UNANIMOUSLY PASSED BY THE GOVERNING BOARD OF
TH~ SOUTHWESTERN COMMUNITY COLLEGE DISTRICT AT A MEETING HELD ON THE
8TH DAY OF MAY, 1991.
}u c;.di
TO GOVERNING BOARD
~..Q6-CLf
900 Olay Lnlco. Rood . Cl'1Jla VIslc1. CA 91910. (619) 482-6301 F/'\X (619) 421-0346. SOUltlwesl.m Carnr'rlI-nIty College Olltrlct
.
o
~
eov.mIng Ioon:I
NJrIe BorOtlQ
G, Gardon Browning. 0,11II.0
JerrV J. G"tfltll
lIIIarlo N.......Permon
.Iud'( Scf>.jlenbelg
JoIQph M. Conle
5lA:>..lIlIendenl/PrOlld......
.
MOVED BY GRIFFITH, SECONDED BY PERMAN AND CARRIED,
TO APPROVE AGREEMENT WITH THE COUNTY OF SAN DIEGO AND
CITY OF CHULA VISTA TO CONSTRUCT A SOUTHWESTERN COLLEGE
TRANSIT CENTER.
AGREEMENT
POR CON-
STRUCTION
OF TRANSIT
CRNTER
--------------------------
STATE OF CALIFORNIA)
)SS
COUNTY OF SAN DIEGO)
I, JOSEPH M. CONTE, SECRETARY TO THE GOVERNING BOARD OF THE
SOUTHWESTERN COMMUNITY COLLEGE DISTRICT OF SAN DIEGO COUNTY,
CALIFORNIA, DO HEREBY CERTIFY THAT THE FOREGOING IS A PULL, TRUE AND
CORRECT COpy OF A MOTION UNANIMOUSLY PASSED BY THE GOVERNING BOARD OF
THE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT AT A MEETING HELD' ON THE
8TH DAY OP APRIL, 1992.
0-", .~.
CRETARY TO GOVERNING BOARD
,
~3eJO-b5
900 Olav LnlcOl Rood. CN..da VIlla. CA 91910. (619) A82-6301 FAX (619) 421.0346. Southwest.rn CorTvnlIlIIy .~,ClIt.trlc:t
.--- _.~ --. ----
o or'
-'-' -- -- .'-'..-
.
o
~
eovernInQ Ioard
AugO' Bareno
G. Gcrdon Ilr~g. 0.1.4.0
Jerry J.l;lltfnh
Marlo Neves-Perman
~ Sdlllltrberg
Joaaph M. Conte
Sl.ptttnlendttlt/Prosldonl
CITY OF CHULA VISTA/COUNTY OF SAN DIEGO PRE-
SENTATION ON TRANSIT CENTER CONCEPT/LOCATION.
SID MORRIS, JOHN LIPPITT AND BILL GUSTAFSON,
CITY OF CHULA VISTA, REVIEWED SIT~ OPTIONS FOR
PROPOSED TRANSFER CENTER ON SOUTHWESTERN COMMUNITY
COLLEGE DISTRICT LAND. CINDY RESLER, STUDENT, ALSO
SPOKE TO STUDENT TRANSPORTATION NEEOS.
THE GOVERNING BOARD EXPRESSED INTEREST IN THE
CITY REVIEWING OPTIONS 6A, 6A1 AND 1B1 AND PROVIDING
EXPANDED INF'OHMA'l'ION, AS WELL AS INFORMATION ON
RIDERSHIP TO THE COLLEGE AND THE SURROUNDING
NElGHBORHOOD.
THE DISTRIC'l' Wl1,L HOLD A PUBLIC HEARING ON '1'H~:
TRANSFER CENTER CONCEPT AT THE DECEMBER 9TH MEETING.
TRANSIT
CENTER
--------------------------
~.J'o, b~
.ooOtovLaket Rood. CtUaVlata.CA91910. (619)482-6301 FAX(619)421-o346. SoUlhwestem~CollegeDlstrlct
TEL: 619-421-0346
~pr 6.9i 15:19 No.OOl P.06
o
~m
$ov.rnlnQ a-d
Auglo 8orono
Ii Gordon lIrownng. 01,10
Jewy J GI\1IWh
Moria NevCK-Pormon
JUdy Sc:tUonbOlg
JOMph M. ConIe
Sulxwlnlondonl/Pres;dllnl
A.
PUBL!C HEARING ON PROPOSED TRANSIT CENTER, 7150 -
9100 P.M.
STUDENTS CINDY RESLER, DENNIS JOHNSON, AND
PATRICIO M. FLORES, AND COMMUNITY RESIDENTS JOE
AND ELIZABETH BONNER, TOM DAVIS, ALLEN JONES,
ROBERT F. KELLY, AND CECILIA V. VASQUEZ ADDRESSED
THP. BOARD REGARDING THE PROPOSED TRANSIT CENTER.
SID MORRIS, ASSISTANT CITY MANAGER, AND BILL
GUSTAFSON, CITY OF CHULA VISTA, AND BILL LIEBERMAN,
MTDB, ALSO ADDRESSED THE BOARD REGARDING THE MATTER.
AT THE CLOSE OF THE HFARING, PRESIDENT BROWNING
ADVISED THE BOARD WOULD CONSIDER THIS ITEM AT A
SPECIAL BOARD HERTING, OR AT THE REGULAR
FEDRUARY 10 BOARD MBF.TING INASMUCH AS THE JANUARY
MEETING WOULD BE HELD AT THE SOUTHWESTERN COLLEGE
EDUCATION CENTER AT SAN YSIDRO.
TRANSIT
CENTER
--------------------------
STATE OF CALIFORNIA)
)SS
COUNTY OF SAN DIEGO)
I, JOSEPH M. CONTE, SECRETARY TO THE GOVERNING BOARD OF.'THE
SOUTHWESTERN COMHUtllTY COLI,EGI': DISTRICT OF SAN DIEGO COUN'l'Y,
CALtFORNIA, DO HF.REBY CERTIFY THAT THE FOREGOING IS A FULl., TRUE AND
CORRECT COpy OF A MOTION UNANIMOUSLY PASSED BY ~HR GOVERNING BOARD OF
THE SOU~HWESTERN COMMUNITY COLLEGE DISTRICT AT A MEETING HELD ON THE
9TH DAY OF DECEMBtR, 1992.
..~~ ~I'~
-A-tO::5
c2(j- C,7
.
"i".. .
.'
.
<<~
SolrlhwEstll'n
- -1:cI1figE
$oytfnlng Ioard
AuO'. IlortflO
:; GOldon lIrowrl,..g. D.M.D
J8rry J. c;rtllllh
1.101'10 Neves-Permon
Judy $crluIonbOIQ
~M. ConI.
Superilltendenl/PJOIIdonl
CONSIDER SITE OF TRANSIT CENTER.
TOM DAVIS, 1657 GOTHAM ST., ROBERT KELLEY, 875
OTAY LAKES RD., ALLEN JONES, 891 OTAY LAKES RD, MARIA
ISAB~L PARMER, 1363 PETERMAN DR., SAN DIEGO, JOHN
LIPPITT, CI~Y OF CHULA VISTA, AND BILL LIEBERMAN,
COUNTY OF SAN DIEGO, ADDRESSED THE GOVERNING
BOARD REGARDING THE PROPOS~D TRANSIT CENTER.
MOVED BY GRIFFITH, SECONDED BY BROWNING, TO
AUTHORIZE THE SUPERINTENDENT/PRESIDENT, WITH CON-
TINU~D CONSULTATION WITH THE GOVERNING BOARD, TO
NEGOTIATE WITH THE APPROPRIATE TRANSIT AUTHORITIES
TO LOCATE A TRANSIT TRANSFER CENTER ON CAMPUS IN
THE APPROXIMATE OR ADJACENT LOCATION TO THE PROPOSED
NEW LIBRARY, AND THAT ANY AGREEMENT WITH APPROPRIATE
TRANSIT AUTHORITIES WOULD CONTAIN THE ARRANGEMENTS TO
SUBSIDIZE THE RIDERSHIP OF FULL-TIME SOUTHWESTERN
COLLEGE STUDENTS.
DISCUSSION ENSUED WHICH INDICATED THAT WHILE ALL
FELT THE LIBRARY LOCATION MIGHT BE BETTER THAN THR PRE-
VIOUSLY IDENTIFIED FRONT OF THE CAMPUS, FACJNG OTAY
LAKES ROAD, AND THE BACK ROWS OF THE STAFF PARKING LOT
(PLAN 1B1), THERE WAS LACK OF CONSENSUS ON A MANDATED
SUBSIDIZATION OF COLLEGE RIDERSHIP. THE GOVERNING BOARD
REQUESTRD THE SUPERINTENDENT/PRESIDENT TO PROVIDE THEM
A REPORT ON COMMUNITY COLLEGES TllAT HAVE AGREEMENTS/
ARRANGEMF.NTS THAT CREATE A SUBSIDIZATION FOR STUPENTS.
MOVED BY GRIFFITH, SECONDED BY BROWNING AND CARRIED,
TO AUTHORIZE SUPERINTENDENT/PRESIDENT CONTE, WITH CON-
TINU~D CONSULTATION WITH THE GOVERNING BOARD, TO
NEGOTIATE WI~H APPROPRIATE TRANSIT AUTHORITIES TO HAVE A
TRANSIT CENTER AT SOUTHWESTERN COLLEGE APPROXIMATELY AT
OR ADJACENT '1'0 THE LOCATION OF THE PROPOSED NEW LIBRARY/
LEARNING RESOURCE CENT~R.
~
020-b"t
I
TRANSIT
CENTER
"
toOOtoyLOl<..Aood. crua"'''o.C''91910. (619)482-6301 FAX(619)42100346. ~tem con."unltyCon.geOlstr1ct
TEL: 619-421-0346
Apr 6.94 l~:lY No.UUl ~.U~
J'kG!!: -2-
. GOVERNING BOARD EXCERPT
FEBRUARY 10, 1993
----------------------
STATE OF CALIFORNIA)
)SS
COUNTY OF SAN DIEGO)
I, JOSEPH M. CONTE, SECRETARY TO THE GOVERNING BOARD OF THE
SOUTHWESTERN COMMUNITY COLLEGE DISTRICT OF SAN DIEGO COUNTY,
CALIFORNIA, DO HEREBY CERTIFY THAT THE FOREGOING IS A FULL, TRUE AND
CORRECT COpy OF A MOTION UNANIMOUSLY PASSED BY THE GOVERNING BOARD OF
THE SOUTHWESTERN COMMUNITY COLLEGE DISTR AT A EETING HEL ON THE
10TH DAY OF FEBRUARY, 1993. "n1
RETARY T VERNIN
p&-1
J2.0 ~ CC;
an'" I/DIItIINI$TIIATlON lIUlU1ING .
~.
\,,\ ""':;'IlI?I,
..~.,'
fl:.r".' ~i:r?,
"\:1' '~"J-
"ti,~"t/,'J/
~ -'- -..,....
.,
THB CITY OF
SAN DIE
Fax'
-/'
llPI'ICE CIF THE
CI1Y MANAGER
(&18) 2311 Dl3
July 28. 1994
Mr. John GoSS, City Manager
City of Chula Vista
276 Fourth AvalUC
Chula Vista, CA 91910
.~. _ ':" _, "," .~ -, ,---. -,,, -....,. -0'
r-:" :'"
,.'1-'" lV' 'o:-:r.
- I -. ~. -.
-7.--
~~ ..., . ......
Dear Mr. Closs.
The Mayor and City Cwucil of San Diego asked me to send this request to you cooceming !be .
action taJren at the Council meeting of July 26, 1994 when the question of. continuing membership
in the San Diego Area Wastewarer Management District (District) was considered. .
During public testimony OIl !his item a request was made by CDWlCilman Tony Snesko of the City. .
of Poway to provide for a thirty (30) day extension of timt 80 !be Member Agencies had one mon:
oppor1lIDity to aeree 10 tbe CoDSellSUS Memorandum of UnderSll1lding and the turrent voting
strUcture cmrtaiDed in Slate law. After considerable discussion tht Mayor and City Cwucil, by
nnammous vote, decided to withdraw from lbe District, but furthtr decided to hold tbc withdrawal
in abeym:e fur thir1y (30) days so that each Member AgeDI:;y has 1he oppormnity 10 again consider
agreement on these f;......""""... 1 points.
Therefore, the City of San Ditgo's withdrawal from 1he District will be efftctive August 26, 1994
unless, prior to that daTe, 1he City of San Diego rec:eives a letter from ead1 Member ~y* stating
that meir legislative body has agreed 10 remain a member of die District in ~rdance with all the
tmlIB and condiUOllS <nntIlined In lbe c:urrent Slate legislation and the Consensus Memorandum of
Unde~nding (as approved by the District Board at its JlIIIC 17, 1994 meeting).
..
The City COIlDCil specified lhat, as pertaiDs to ChuIa Vista ami. EI Cajon. a
IIlnm of agreement from either ageo;y (or both) will suffice.
~_._...
*
DIVERSITY
IlRINGS us AU. TOGfTI-ER
02//'1
2
The San Diego City Co\lDcil recognizes lbat many of the Mcmbor AgellllieS are agreeable 10 this
request aod is hopc:ful that a favorabk acreement on lhcse cri&al Wucs may be readied by all. It
is our \mdentanding. dIrough the District General ~.n.gl'r, that Coronado, Del Mar. Lemon Grove,
National City, Ora)' Warer District lIIid powa)' have already agreed to these fn""..-ntal points.
On bebaIf of the Mayor and Council I am asking !bat your Agenc)' COIISider this request and. if)'ou
have not already clone 10, aeod a 1etter of acreemem on these timdamenIal points to the City of San
Dieeo. City Attorney's OffICe, 202 'C' St, 3 CAB, San Diego, Ca 92101 by 5:00 p. m. OD Aull11st
~
INFORMATION MEMORANDUM
~~~
July 29, 1994
TO: Honorable Mayor and City Council
FROM: Legislative Committee
SUBJECT: Legislative Analysis - (for discussion under Councilwoman Horton's comments)
Attached for your review are analyses of SB 845 and SB 1779. These bill are n21 covered by
the 1993-94 Legislative Program and therefore require formal action by the City Council.
These bills are scheduled for hearing soon after the State Legislature reconvenes on August 8.
With the Council's approval, staff will prepare and send appropriate letters of support and
opposition.
1. SB 845 (Rol!ers) Ente1Jlrise Zones: Establishment Would allow for establishment of
three additional state enterprise zones. The sites eligible for designation would be limited
to those nine agencies still on the finalist list from three years ago. Chula Vista is not
among those cities which would be considered eligible under this bill. The Legislative
Committee disagrees with this bill's intent to limit the potential program expansion (and
all the ensuing benefits) to an outdated and limited list of agencies and would favor
amendments to authorize a new round of applications.
Recommendation: OPPOSE
2. SB 1779 (Ber~eson) Graffiti Prevention Would make several changes in statewide
graffiti laws that would, among other things, enable cost recovery for removing graffiti,
allow arrests of graffiti suspects for "reasonable cause," and delay or suspend driving
privileges for graffiti offenders.
Recommendation: SUPPORT
Although the recommendations on these items have the support of the respective departments
(Community Development and Police) and the Legislative Committee, they are not covered by
the Legislative Program and are being brought forward for approval by the City Council.
cc: League of California Cities
Advocation, Inc.
a: \ana94 \covxxxx
c2~ - /
CITY OF CHULA VISTA
LEGISLATIVE ANALYSIS
July 22, 1994
BILL AUTHOR TITLE INTRODUCED AMENDED II
ROGERS ENTERPRISE ZONES: 3/4/93 7/6/94 i
S6 845 I
EST A6L1SHMENT I
,
CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM I
PENDING SUPPORT NONE NO I
STATUS: PENDING IN ASSEM6L Y REVENUE AND TAXATION COMMITTEE
BACKGROUND:
California currently has 25 enterprise zones, authorized and overseen by the California
Trade and Commerce Agency. These areas receive targeted employment tax credits
(Bank and Corporation Tax, Income Tax) from the state and favorable consideration
for other state and federal programs and assistance (such as HUD's recent Enterprise
Community and Empowerment Zone programs for social service grants of up to $50
million).
Chula Vista applied for enterprise zone designation in late 1991, the last time
applications were accepted, but the application was not approved.
SB 845 would:
Allow for establishment of three additional enterprise zones. The sites eligible for
designation would be limited to those nine agencies still on the finalist list. Chula
Vista is IlQ1 among those who would be considered eligible under this bill. The finalist
list this bill would propose to use is three years old.
Staff supports the enterprise zone program and believes that its expansion is a
worthwhile goal. However, staff disagrees with this bill's intent to limit the potential
expansion (and all the ensuing benefits) to an outdated and limited list of agencies
and would favor amendments to authorize a new round of applications, during which
time Chula Vista and other cities would be eligible to re-apply.
FISCAL IMPACT: The most recent data indicate that an average of 29 businesses receive state tax
credits per zone per year, for a total of $192,000 in direct state assistance per zone
per year. The amount and duration of each credit varies with the number of qualified
employees and the length of time they are employed within the zone.
The establishment of an enterprise zone could have a major impact on Chula Vista's
ability to attract and retain a strong business and industrial base and to encourage
business expansion. Through links to other state and federal legislation, an enterprise
zone could also help the City compete for additional credits, grants and other
assistance.
DATE TO COUNCIL
City Council
August 2, 1994
RECOMMENDATION
OPPOSE
LETTERS
YES
"':\(ANAl VS[S)\SB84~,en.
e2SIt-R
CITY OF CHULA VISTA
LEGISLATIVE ANALYSIS
July 22. 1994
BILL AUTHOR TITLE INTRODUCED AMENDED Ii
SB 1779 BERGESON GRAFFITI PREVENTION 2/24/94 6/27/94 I
CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM 1
I'
PENDING PENDING NONE NO 1:
STATUS: PENDING IN ASSEMBLY Wf>.YS AND MEANS COMMITTEE
BACKGROUND:
Graffiti violations are currently subject to state penalties and various forms of
regulation by the City of Chula Vista. City regulation includes restrictions on the sale
and display of graffiti implements, prosecution of vandals for either an ordinance
violation or misdemeanor, and the option of participation in the Police Department
graffiti diversion program and community service.
SB 1779 would:
*
Authorize local governments and school districts to determine the cost of
removing graffiti and recover those costs via the juvenile court system.
*
Make it unlawful to sell graffiti implements to minors.
*
Increase the penalties for acts of vandalism valued between $400 and $1,000
and require restitution by minors committing such acts or their parents.
(Currently, vandalism valued between $1,000 and $5,000 is punishable by a
fine of $5,000 or one year in prison or both. This change would lower the
threshold for such punishment from $1,000 to $400.)
*
Allow for police officers to arrest under the guidelines of "reasonable cause"
those suspected of committing acts of vandalism.
*
Amend the vehicle code to delay or suspend the driving privilege of any person
13 years of age or older upon conviction for such acts of vandalism.
This bill would provide a variety of tools for local authorities to deal with the problems
of graffiti. It would not preclude continued administration of the Police Department's
community service diversion program or the enforcement of the City ordinance on the
display of graffiti implements.
FISCAL IMPACT: Undetermined. This bill could make it easier for Chula Vista to recoup the costs of
graffiti removal, although this cost recovery would be limited to cases where court
action is taken.
DATE TO COUNCIL
City Council
August 2, 1994
RECOMMENDATION
SUPPORT
LETTERS
YES
A:\I...NAl'l'Sf:Sl\S81179....
~)A- 3
r
c
AMENDED IN ASSEMBLY JULY 6,1994
AMENDED IN ASSEMBLY JUNE 13, 1994
AMENDED IN ASSEMBLY MARCH 7, 1994
AMENDED IN ASSEMBLY JANUARY 26, 1994
AMENDED IN ASSEMBLY AUGUST 30, 1993
AMENDED IN SENATE MAY 26, 1993
AMENDED IN SENATE APRIL 28,1993
AMENDED IN SENATE APRIL 20,1993
SENATE BILL
No. 845
(
c
Introduced by Senators Rogers, Beverly, Hurtt, Leonard,
Leslie, Lewis, and Wyman
(Coauthors: Assembly Members Andal, Baca, Bornstein,
Costa, Ferguson, Haynes, Honeycutt, Knight, Polanco,
Richter, Umberg, Weggeland, and Woodruff)
~
\
~
~
~
March 4, 1993
An act to amend Section 7073 of the Governmen t Code, and
to amend Sections 17963.8 ltfttI gaegg 17052.13, 17053.8,
17053.9, 17231, 17252.5, 17276.2, 23612, 23622, 24356.2, 24384,
and 24416.2 of the Revenue and Taxation Code, relating to
enterprise zones.
SB 845, as
establishment.
The Enterprise Zone Act required the Department of
Commerce to designa,te not more than 25 enterprise zones
within the state by December 1991.
.. This bill would increase the number of enterprise zones to
.. 28 and specify the method by which the additional 3
c
I
LEGISLATIVE COUNSEL'S DIGEST
amended, Rogers. Enterprise
zones:
,'\ L~!:r {.:. '.
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~ ''Or n'.
"'-'~:~-'
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5B 845
-2-
enterprise zones would be designated. The bill would
provide that the Trade and Conunerce Agency may not
designate any area as an enterprise zone iF that designation
would result in the existence of more thaJI 18 enterprise zones
in the state as of December 31, 2001. The bill would require
the agency to review the progress and e{{ectiveness of each i
enterprise zone, as specified, and report its findings to the .
Legislature. It would authorize the agency to revoke the 1
designation of any zone that fails to make demonstrable .,1,
progress toward achieving its stated goals, as specified. .
The existing Personal Income Tax Law and the Bank and
Corporation Tax Law authorize various credits and
deductions against the taxes imposed by those laws with
respect to certain activities conducted within an enterprise
zone, including a credit for qualified wages paid or incurred
by an employer to a qualified disadvantaged individual who
meets specified criteria; iHeltuHng It reqltirelfleftt ~ the
inaividual is ft l'ttIltliftea empI6)'ee, tIS aefinea, wfte fttIS
}iartii:i13stea tft 3pseifie;a jeDs pragram3.
This bill would require taxpayers who claim the credits and
deductions allowed under the Personal Income Tax Law and
the Bank and Corporation Tax Law with respect to enterprise
zones to provide the Franchise Tax Board with the number
of full-time, part-time, and seasonal employees employed by
the taxpayer within an enterprise zone as of the first and last
day of each taxable or income year. The bill wouU specify that
those credits and deductions shall not be available after the
termination of enterprise zone designation. The bill would
revise the definition of "qualified disadvantaged individual"
for the purpose of Mtese the wage tax credits.
Vote: majority, Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as Follows:
1 SECTION 1. Section 7(J13 of the Government Code is
2 amended to read:
3 7073. (a) The governing body of any city or county
4 may, either by ordinance or resolution, propose an
5 eligible area plus one commercial or industrial area o~.:
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1 both within its respective jurisdiction as the geographic
2 area for an enterprise zone. A county may propose an
3 area within the unincorporated area as the geographic
4 area for an enterprise zone, but shall not propose an area
5 within an incorporated area. This proposed geographic
6 area shall be based upon findings by the governing body
7 that the area is a depressed area and that the designation
8 as an enterprise zone is necessary in order to assist in
9 attracting private sector investment in the area. The city
10 or county shall establish definitive boundaries for the
11 area to be included in the application for designation and,
12 if designated by the agency, the designation shall be
t 13 binding for a period of 15 years. Th.e designation of an
114 area as an enterprise zone shall terminate 15 years from
15 the date of original designation.
16 (b) Following the application for designation of an
I 17 enterprise zone by a city or county, the governing body
18 shall apply to the agency for designation, The agency
19 shall adopt regulations and guidelines concerning the
, 20 necessary contents of each application for designation;
21 (c) Any city, county, or city and county with an
22 eligible area within its jurisdiction may complete a
23 preliminary application. A maximum of 20 applications
24 may be chosen each year to complete a final application.
25 (d) (1) From the applications received, the agency
26 may designate not more than 28 enterprise zones within
27 the state, one of which may be designated an airport
28 enterprise zone and not more than three of which may
29 be designated high technology enterprise zones. The
30 agency may not designate any area as an enterprise zone
31 if that designation would result in the existence of more
32 than 18 enterprise zones in the state as of December 31,
33 2001.
34 (2) In the case of any existing enterprise zone or area
35 established pursuant to Chapter 12.9 (commencing with
36 Section 7080), or any new enterprise zone Or area
37 established pursuant to Chapter 12.9 (commencing with
38 Section 7080) designated on or after the effective date of
39 the act adding this paragraph, a city or county may
40 propose that the enterprise zone or' area established
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pursuant to Chapter 12.9 (commencing with Section
7080) within the incorporated area be expanded by 15
percent to include definitive boundaries that are
contiguous to the enterprise zone or area established
pursuant to Chapter 12.9 (commencing with Section
7080). The agency may approve that expansion for
enterprise zones based upon the criterion specified in
subdivision ~ (g), and for expansion of areas
established pursuant to Chapter 12.9 (commencing with
Section 7(80), the criterion specified in Section 7082.
(3) Notwithstanding any other provision to the
contrary, the three additional enterprise zones
authorized by the act adding this paragraph shall be
designated by the agency as follows:
(A) The agency shall consider applications only from
the nine governing bodies that submitted applicativns
that were not selected for designation during the last
period in which applications were received.
(8) Each of the nine governing bodies that previously
submitted applications may use the same application or
the same application with minor changes, or may submit
a new application.
(e) The agency shall require each application for
enterprise zone designation to include specific
performance goals, standards, and target dates for
achieving those goals. In evaluating applications, the
agency shall base its decision on the specificity of the
stated goals and shall give priority to applications that
demonstrate the greatest ability to increase employment
within the enterprise zone, reduce unemployment
within the zone, reduce zone residents' dependency on
public social service programs, attract businesses to the
zone, improve the household earnings of zone residents,
leverage additional public and private resources, and
otherwise improve the social and economic status of zone
residents.
(E) The agency shall review the progress and
effectiveness of each enterprise zone within Five years of
the date of designation, or by December 31, 1999, for.
zones designated prior to January 1, 1994, and eveI)' five"
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years thereafter, and report the Findings to the
Legislature. The agency may revoke the designation of
any zone that fails to make demonstrable progress toward
achieving its stated goals.
(g) In designating enterprise zones, the agency shall
select from the applications submitted those proposed
enterprise zones which, based on those applications,
meet, to the extent possible, the following criterion:
Those proposed enterprise zones which, upon a
comparison of all of the applications submitted, indicate
that they propose the most effective, innovative, and
comprehensive regulatory, tax program, and other
incentives in attracting private sector investment in the
zone proposed. >
For purposes of this paragraph, regulatory incentives
include, but are not limited to, all of the following: the
suspension or relaxation of locally originated or modified
building codes, zoning laws, general development plans,
or rent controls; the elimination or reduction of fees for
applications, permits, and local government services; and
the establishment of a streamlined permit process.
Tax incentives include, but are not limited to, the
elimination or reduction of construction taxes or business
license taxes.
Program and other incentives may include, but are not
limited to, all of the following: the provision or expansion
of infrastructure; the targeting of federal block grant
moneys, including small cities, education, and health and
welfare block grants; the targeting of economic
development grants and loan moneys, including grant
and loan moneys provided by the federal Urban
Development Action Grant program and the federal
Economic Development Administration; the targeting of
state and federal job disadvantaged and vocational
education grant moneys, including moneys provided by
the federal Job Partnership Training Act of 1982; the
targeting of federal or state transportation grant moneys;
and the targeting of federal or state low-income housing
and rental assistance moneys.
In the process of designating new zones, the agency
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7006 shall not apply to the extent it
the provisions of the act adding this
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purchase of qualified property.
(b) For purposes of this section:
(1) "Taxpayer" means either of the following:
(A) A qualified business as defined in Section 7082 of
the Government Code.
(B) A person or entity engaged in a trade or business
within an enterprise zone designated pursuant to Section
7m3 of the Government Code.
(2) "Qualified property" means machinery and
machinery parts used for fabricating, processing,
assembling, and manufacturing, and machinery and
machinery parts used for the production of renewable
energy resources or air or water pollution control
mechanisms, up to a value of one million dollars
($1,000,000), which; tft meets either of the following
requirements:
(A) In the case of a taxpayer described in
subparagraph (A) of paragraph (1), the property is used
exclusively in a program area; ttttft; tft .
(B) In the case of a taxpayer described in
subparagraph (B) of paragraph (1), thepropertyisusM
exclusively in an enterprise zone and is purchased prior
to the termination of enterprise zone designation
pursuant to Section 7073 of the Government Code.
(c) if the taxpayer has purchased property upon
which a use tax has been paid or incurred, the credit
provided under subdivision (a) shall be allowed only if
qualified property of a comparable quality and price is
not timely available for purchase in this state.
(d) In the case where the credit allowed under this
section exceeds the "net tax" for the taxable year, that
portion of the credit which exceeds the "net tax" may be
carried over to the "net tax" in succeeding taxable years,
until the credit is used. The credit shall be applied first
to the earliest years possible.
(e) Any taxpayer who elects to be subject to this
section shall not be entitled to increase the basis of the
property as otherwise required by Section 164(a} of the
Internal Revenue Code with respect to sales or use tax
paid or incurred in connection with the purchase of
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1 qualified property.
2 (f) In the case of a taxpayer described in subparagraph !
3 (A) of paragraph (1) of subdivision (b), the amount of I
4 the credit allowed by this section in any taxable year shall
5 not exceed the amount of tax which would be imposed on
6 the income attributed to business activities of the
7 taxpayer within the program area (as defined in Section .
8 7082 of the Government Code) as if that attributed
9 income represented all of the income of the taxpayer
10 subject to tax under this part. The amount of that
11 attributed income shall be determined in accordance
12 with the provisions of Article 2 (commencing with
13 Section 25120) of Chapter 17 of Part 11, modified for
14 purposes of this section as follows:
15 (1) For taxable years beginning on or after January 1,
16 1991, and ending on or before December 31, 1996, inl!ome
17 shall be apportioned to the program area by multiplying
18 total income from the business by a fraction, the
19 nurneratorofwhich is the property factor plus the payroll .
20 factor, and the denominator of which is two.
21 (2) "The program area" shall be substituted for "this
22 state."
23 (g) In the case of a taxpayer described in
24 subparagraph (B) of paragraph (1) of subdivision (b), 4
25 the amount of the credit allowed by this section in any
26 taxable year shall not exceed the amount of tax which
27 would be imposed on the income attributed to business
28 activities of the taxpayer within an enterprise zone
29 (designated pursuant to Section 7(J13 of the Government
30 Code) as if that attributed income represented all of the
31 income of the taxpayer subject to tax under this part. The
32 amount of that attributed income shall be determined in
33 accordance with the provisions of Article 2 (commencing ,
34 with Section 25120) of Chapter 17 of Part 11, modified for T
35 purposes of this section as follows:
36 (1) For taxable years beginning on or after January 1,
37 1991, and ending on or before December 31,1996, income 1.
38 shall be apportioned to the enterprise zone by
39 multiplying total income from the business by a fraC.:J'on.,
40 the numerator of which is the property factor plus the
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payroll factor, and the denominator of which is two.
(2) "The enterprise zone" shall be substituted for "this
state. "
(h) Any taxpayer described in subparagraph (B) of
paragraph (1) of subdivision (b) who claims a credit
pursuant to this section shall provide, in a fomJ and
manner specified by the Franchise Tax Board, the
number of full-time (defined as 35 hours or more per
week), part-time, and seasonal employees employed by
the taxpayer within an enterprise zone as of the first and
last day of the taxable year.
SEe. 3. Section 17053.8 of the Revenue and Taxation
Code is amended to read: .
17053.8. (a) There shall be allowed as credit against
the "net tax" (as defined in Section 17039) for the taxable
year an amount equal to the sum of each of the following:
(1) Fifty percent for qualified wages in the first year
of employment.
(2) Forty percent for qualified wages in the second
year of employment.
(3) Thirty percent for qualified wages in the third year
of employment.
(4) Twenty percent for qualified wages in the fourth
year of employment.
(5) Ten percent for qualified wages in the fifth year of
employment.
(b) For purposes of this section:
(1) "Qualified wages" means the wages paid or
incurred by the employer during the taxable year to
qualified disadvantaged individuals. "Qualified wages"
means that portion of hourly wages which does not
exceed 150 percent of the minimum wage.
(2) "Qualified years one through five wages" means,
with respect to any individual, qualified wages received
during the 6O-month period beginning with the day the
individual commences employment within an enterprise
zone. . 'Qualified years one through five wages" shall not
include any wages paid or incurred after the date
enteJprise zone designation terminates, expires, or
becomes inoperative.
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(3) "Minimum wage" means the wage established by , 21
the Industnal Welfare Commission as provided for in
Chapter 1 (commencing with Section 1171) of Part 4 of 3
Division 2 of the Labor Code. 4
(4) "Qualified disadvantaged individual" means an 5
individual- 6
(A) Who is a qualified employee within the meaning f 87
of paragraph (5).
(B) ~ho is hired by the employer after the 9
deSIgnation of the area in which services were performed 10
as an enterprise zone (under Section 7073 of the 11
Government Code). 12
(C) Who is any of the following: 13
(i) An individual who has been determined eligible for 14
serVIces under the federal Job Training Partnership Act 15
(29 V.S.C. Sec. lSOI et seq.). . 16
(ii) Any voluntary or mandatory registrant under the 17
Greater Avenues for Independence Act of 1985 provided 18
for pursuant to Article 3.2 (commencing with Section . 19
11320) of Chapter 2 of Part 3 of Division 9 of the Welfare 20
and Institutions Code. 21
(iii) Any individual who has been certified eligible by 22
the California Employment Development Department 23
under the federal Targeted Jobs Tax Credit Program as ~ 24
long as that program is in effect. 25
(5) "Qualified employee" means an individual who 26
satisfies both of the following: 27
(A) At least 90 percent of whose services for the 28
taxpayer during the taxable year are directly related to 29
the conduct of the taxpayer's trade or business located in 30
an enterprise zone, and 31
(B) Who performs at least SO percent of his or her 32
services for the taxpayer during the taxable year in an . 33
enterprise zone. 34
(c) (1) For purposes of this section: 35
(A) All employees of trades or businesses that are i 36
nO,t incorporated and are under common control shall i 37
be treated as employed by a single employer, and I 38
(B) The credit (if any) allowable by this secti:Jn 39
wIth respect to each trade or business shall be 40
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determined by reference to its proportionate share of
the qualified wages giving rise to the credit.
The regulations prescribed under this paragraph shall be
based on principles similar to the principles which apply
in the case of controlled groups of corporations as
specified in subdivision (c) of Section 23622.
(2) If an employer acquires the major portion of a
trade or business of another employer (hereinafter in this
paragraph referred to as the "predecessor") or the major
portion of a separate unit of a trade or business of a
predecessor, then, for purposes of applying this section
(other than subdivision (d)) for any calendar year
ending after that acquisition, the employment
relationship between an employee and an employer shall
not be treated as terminated if the employee continues
to be employed in that trade or business.
(d) (1) If the employment of any employee, with
respect to whom qualified wages are taken into account
under subdivision (a) is terminated by the taxpayer at
any time during the first 270 days of that employment
(whether or not consecutive) or before the close of the
270th calendar day after the day in which that employee
completes 90 days of employment with the taxpayer, the
tax imposed by this part for the taxable year in which that
employment is terminated shall be increased by an
amount (determined under those regulations) equal to
the credit allowed under subdivision (a) for that taxable
year and all prior taxable years attributable to qualified
wages paid or incurred with respect to that employee.
(2) (A) Paragraph (1) shall not apply to any of the
following:
(i) A termination of employment of an employee who
voluntarily leaves the employment of the taxpayer.
(ii) A termination of employment of an individual
who, before the close of the period referred to in
paragraph (1), becomes disabled to perform the services
of that employment, unless that disability is removed
before the close of that period and the taxpayer fails to
offer reemployment to that individual.
(iii) A termination of employment of an individual, if
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it is determined under thc applicable employment ~ 1
compensation provisions that the termination was due to 2
the misconduct of that individual. 3
(iv) A termination of employment of an individual 4
due to a substantial reduction in the trade or business 5
operations of the taxpayer. 6
(v) A termination of employment of an individual if. 7
that individual is replaced by other qualified employ~es 8
so as to create a net increase in both the number of 9
employees and the hours of employment. 10
(B) For purposes of paragraph (1), the employment 11
relationship between the taxpayer and an employee shall 12
~ot be treated as terminated by reason of a mere change 13
m the form of conducting the trade or business of the 14
taxpayer, if the employee continues to be employed in 15
that trade or business and the taxpayer retains a 16
substantial interest in that trade or business. 17
(3) Any increase in tax under paragraph (1) shall not 18
be trea~e? as tax imposed by this part for purposes of. 19
deternurung the amount of any credit allowable under 20
this part. 21
(e) In the case of an estate or trust- 22
(1) The qualified wages for any taxable year shall be 23
apportioned between the estate or trust and the . 24
beneficiaries on the basis of the income of the estate.or 25
trust allocable to each, and 26
(2) Any beneficiary to whom any qualified wages have 27
been apportioned under paragraph (1) shall be treated 28
(for purposes of this part) as the employer with respect 29
to those wages. 30
(f) For purposes of this section, "enterprise zone" 31
means ~ area for which designation as an enterprise 32
zone IS III effect under Section 7073 of the Government . 33
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(g) The credit shall be reduced by the credit allowed 35
under Section 17053.7. The credit shall also be reduced by 36
the federal credit allowed under Section 51 of the : 37
Internal Revenue Code. I 38
In addition, any deduction otherwise allowed u~:~, 39
this part for the wages or salaries paid or incurred b:. 40
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taxpayer upon which the credit is based shall be reduced
by the amount of the credit.
(h) In the case where the credit allowed under this
section exceeds the net tax for the taxable year, that
portion of the credit which exceeds the net tax may be
carried over to the net tax in succeeding taxable years for
the number of taxable years in which the designation of
an enterprise zone under Section 7073 of the
Government Code is operative, or 15 taxable years, if
longer, until thc credit is used. The credit shall be applied
first to the earliest taxable years possible.
(i) The amount of the credit allowed by this section in
any taxable year shall not exceed th~ amount of tax which
would be imposed on the income attributed to business
activities of the taxpayer within the enterprise zone (as
defined in Section 7073 of the Government Code) as if
that attributed income represented all of the income of
the taxpayer subject to tax under this part. The amount
of that attributed income shall be determined in
accordance with the provisions of Article 2 (commencing
with Section 25120) of Chapter 17 of Part 11, modified tor
purposes of this section as follows:
(1) For taxable years beginning on or after January 1,
1991, and ending on or before December 31, 1996, income
shall be apportioned to the enterprise zone by
multiplying total income from the business by a fraction,
the numerator of which is the property factor plus the
payroll factor, and the denominator of which is two.
(2) "The enterprise zone" shall be substituted for "this
state."
SEG 3,
U) Any taxpayer claiming a credit pursuant to this
section shall provide, in a Form and manner specified by
the Franchise Tax Board, the number of Full-time
(defined as 35 hours or more per week), part-time, and
seasonal employees employed by the taxpayer within an
enterprise zone as of the first and last day of the taxable
year.
SEe. 4. Section 17053.9 of the Revenue and Taxation
Code is amended to read:
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1 17053.9. (a) In the case of a qualified employee, there
2 shall be allowed as a credit against the "net tax" (as
3 defined by Section 17039) for the taxable year an amount
4 equal to 5 percent of the qualified wages for the taxable
5 year.
6 (b) FOT purposes of this section:
7 (1) "Qualified employee" means an individual-
8 (A) Who is described in paragraph (5) of subdivision
9 ~ (b) of Section 17053.8.
10 (B) Who is not an employee of the federal
11 government or of this state or of any political subdivision
12 of this state.
13 (2) (A) "Qualified wages" has the meaning given to
14 the term "wages" under subsection (b) of Section 3306 of
15 the Internal Revenue Code, attributable to services
16 performed for an employer with respect to whom the
17 employee is a qualified employee, in an amount which
18 does not exceed one and one-half times the dollar
19 limitation specified in that subsection.
20 (B) "Qualified wages" does not include ~ either of .
21 the following:
22 (i) Any compensation received from the federal
23 government or this state or any political subdivision of
24 this state.
25 (ii) Any wages paid or incurred after the date
26 enterprise zone designation terminates, expires, or
27 becomes inoperative.
28 (3) "Enterprise zone" means any area with respect to
29 which a designation as an enterprise zone is in effect
30 under Section 7(173 of the Government Code.
31 (c) For each dollar of income received by the taxpayer
32 in excess of qualified wages, as defined in this section, the
33 credit shall be reduced by nine cents ($0.09).
34 (d) The amount of the credit allowed by this section
35 in any taxable year shall not exceed the amount of tax
36 which would be imposed on the income of the employee
37 attributable to emplcyment within the enterprise zone as
38 if that income represented all of the income of the
39 taxpayer subject to t'il( under this part.
40 SEe. 5. Section 17231 of the Revenue and Taxation
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1 Code is anwnded to read:
2 17231. (a) There shall be allowed as a deduction the
3 amount of net interest received by the taxpayer in
4 payment on indebtedness of either of the following:
5 (1) A qualified business (as defined in Section 7082 of
6 the Government Code).
7 (2) A person or entity engaged in the conduct of a
8 trade or business located in an enterprise zone (as
9 defined in Section 7(173 of the Government Code).
10 (b) No deduction shall be allowed under subdivision
11 (a) unless at the time the indebtedness is incurred each
12 of following requirements are met:
13 (1) The qualified business is located solely within a
14 program area (as defined in Section 7082 of the
15 Government Code), or the trade or business is located
16 solely within an enterprise zone (as defined in Section
17 7(173 of the Government Code).
18 (2) The indebtedness is incurred solely in connection
19 with activity within the program area or enterprise zone.
20 (3) The taxpayer has no equity or other owneJ;Ship
21 interest in the debtor.
22 (4) With respect to the deduction allowed under
23 paragraph (2) of subdivision (a), the interest is received
24 prior to the termination of enterprise zone designation
25 purswmt to Section 7073 of the Government Code.
26 SEe. 6. Section 17252.5 of the Revenue and Taxation
27 Code is amended to read:
28 17252.5. (a) A taxpayer may elect to treat the cost of
29 any Section 17252.5 property as an expense which is not
30 chargeable to capital account. Any cost so treated shall be
31 allowed as a deduction for the taxable year in which
32 Section 17252.5 property is placed in service.
33 (b) In the case of a husband or wife filing separate
34 returns for a taxable year in which a spouse is entitled to
35 the deduction under subdivision (a), the applicable
36 amount shall be equal to 50 percent of the amount
37 otherwise determined under subdivision (a).
I 38 (c) (1) An election under this section for any taxable
39 year shall-
. 40 (A) Specify the items of Section 17252.5 property to
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1 which the election applies and the portion of the cost of .
2 each of those items which is to be taken into account
3 under subdivision (a), and
4 (B) Be made on the taxpayer's return of the tax
5 imposed by this part for the taxable year.
6 (2) Any election made under this section, and any
7 specification contained in that election, may not be .
8 revoked except with the consent of the Franchise Tax
9 Board.
10 (d) (1) For purposes of this section, "Section 17252.5
11 property" means any recovery property which is Section
12 1245 property (as defined in Section 1245(a) (3) of the
13 Internal Revenue Code) and which is acquired by
14 purchase for exclusive use in a trade or business
15 conducted within an enterprise zone designated
16 pursuant to Section 7073 of the Government Codli.
17 (2) For purposes of paragraph (1), "purchase" means
18 any acquisition of property, but only if-
19 (A) The property is not acquired from a person whose
20 relationship to the person acquiring it would result in the .
21 disallowance of losses under Section 267 or 707 (b) of the
22 Internal Revenue Code (but, in applying subsections (b)
23 and (c) of Section 267 of the Internal Revenue Code for
24 purposes of this section, Section 267 (c) (4) of the Internal .
25 Revenue Code shall be treated as providing that the
26 family of an individual shall include only his or. her
27 spouse, ancestors, and lineal descendants).
28 (B) The basis of the property in the hands of the
29 person acquiring it is not determined-
30 (i) In whole or in part by reference to the adjusted
31 basis of such property in the hands of the person from
32 whom acquired, (If.
33 (ii) Under Section 1014 of the Internal Revenue Code, .
34 relating to basis of property acquired from a decedent.
35 (C) The property is acquired prior to the termination
36 of enterprise zone designation pursuant to Section 7M3
37 of the Government Code.
38 (3) For purposes of this section, the cost of property
39 does not include so much of the basis of the property as
40 is determined by reference to the basis of other property ,
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held at any time by the person acquiring the property.
(4) This section shall not apply to estates and trusts.
(5) This section shall not apply to any property for
which the taxpayer may not make an election for the
taxable year under Section 179 of the Internal Revenue
Code because of the application of the provisions of
Section 179(d) of the Internal Revenue Code.
(6) In the case of a partnership, the dollar limitation
contained in subdivision (f) shall apply with respect to
the partnership and with respect to each partner.
(7) This section shall not apply to any property
described in Section 168(f) of the Internal Revenue
Code, relating to property to which Section 168 of the
Internal Revenue Code does nol apply.
(e) For purposes of this section, "taxpayer" means a
taxpayer who conducts a trade or business within an
enterprise zone designated pursuant to Section 7m3 of
the Government Code. _
(f) The deduction allowable under subdivision (a) for -
any taxable year shall not exceed the following applicable \
amount for the taxable year of the designation bf an o:::t
enterprise zone and taxable years thereafter: V,
C'(
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Taxable year of designation ......................
1st taxable year thereafter ........................
2nd taxable year thereafter ......................
3rd taxable year thereafter ......................
Each taxable year thereafter ....................
The applicable
amount is:
$ 5,000
5,000
7,500
7,500
10,000
(g) This section shall apply only to property which is
used exclUSively in a trade or business conducted within
an enterprise zone.
(h) Any amounts deducted under subdivision (a) with
respect to property which ceases to be used in the trade
or business within an enterprise zone at any time before
the close of the second taxable year after the property
was placed in service shall be included in income for that
year.
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2B
29
30
31
32
33
34
35
36
37
38
39
40
(i) Any taxpayer who elects to be subject to this ·
secl10n shall not be entitled to claim for the same
property the deduction under Section 179 of the Internal
Revenue Code, relating to an election to expense certain
depreciable business assets.
OJ Any taxpayer who elects to be subject to this
sectlOn shall provide, in a form and manner specified by .
the Franchise Tax Board, the number of full-time
(defined as 35 hours or more per week), part-time, and
seasonal. employees employed by the taxpayer within an
enterpnse zone as of the first and last day of the taxable
year.
SEe. 7. Section 17276.2 of the Revenue and Taxation
Code is amended to read:
17~6.2. The term "qualified taxpayer" as used in
Section 17276.1 means any of the following: .
(~) A t~p~yer engaged in the conduct of a qualified
busmess WIthin a program area (as defined in Section
7082 of the Government Code).
(1) A net operating loss shall not be a net operating
loss carryback to any taxable year and a net operating loss
for any taxable year beginning on or after the date that
the taxpayer becomes a qualified business shall be a net
operating loss carryover to each of the 15 taxable years
following the taxable year of loss.
(2) For purposes of this subdivision:
(A) "Net operating loss" means the loss determined
under Section 172 of the Internal Revenue Code as
modified by Section 17276.1, attributable to the busU;ess
activities of the taxpayer within the program area (as
de~ed in Section 7082 of the Government Code). That
attributed loss shall be determined in accordance with
the provisions of Article 2 (commencing with Section
25120) of Chapter 17 of Part 11, modified for purposes of
this section as follows:
(i) For each taxable year beginning on or after January
1, 1991, and ending on or before December 31 1996 loss
shall be apportioned to the program area by ~ultipiying
total loss from the business by a fraction, the numerator
of which is the property factor plus the payroll factor, and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
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36
37
38
39
40
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SB 845
the denominator of which is 2.
(ii) "The program area" shall be substituted for "this
state."
(B) A net operating loss carryover shall be a deduction
only with respect to income attributed to the business
activities of the taxpayer within the program area (as
defined in Section 7082 of the Government Code)
determined in accordance with the provisions of Article
2 (commencing with Section 25120) of Chapter 17 of Part
11, modified for purposes of this section as follows:
(i) For each taxable year beginning on or after January
1, 1991, and ending on or before December 31, 1996,
income shall be apportioned to the program area by
multiplying total income from the business by a fraction,
the numerator of which is the property factor plus the
payroll factor, and the denominator of which is 2.
(ii) "The program area" shall be substituted for "this
state. "
(b) A taxpayer who is engaged in the conduct of a
trade or business within an enterprise zone designated
pursuant to Section 7073 of the Government Code on or
after that designation.
(1) A net operating loss shall not be a net operating
loss carryback to any taxable year and a net operating loss
for any taxable year beginning on or after the date that
the area in which the taxpayer conducts a trade or
business is designated an enterprise zone shall be a net
operating loss carryover to each following taxable year
that ends before the expiration or revocation of the
designation of the enterprise zone under Section 7073 of
the Government Code or to each of 15 taxable years
following the taxable year of loss, if longer.
(2) For purposes of this subdivision:
(A) "Net operating loss" means the loss determined
under Section 172 of the Internal Revenue Code, as
modified by Section 17276.1, attributable to the business
activities of the taxpayer within the enterprise zone (as
defined in Section 7073 of the Government Code). The
attributed loss shall be determined in accordance with
the provisions of Article 2 (commencing with Section
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
25120) of Chapter 17 of Part 11, modified for purposes of ·
this section as follows:
(i) For each taxable year beginning on or after January
1, 1991, and ending on or before December 31, 1996, loss
shall be apportioned to the enterprise zone by
multiplying total loss from the business by a fraction, the
numerator of which is the property factor plus the payroll .
factor, and the denominator of which is 2.
(ii) 'The enterprise zone" shall be substituted for
"this state."
(8) A net operating loss carryover shall be a deduction
only with respect to income attributed to the business
activities of the taxpayer within the enterprise zone (as
defined in Section 7073 of the Government Code)
determined in accordance with the provisions of Article
2 (commencing with Section 25120) of Chapter 17 of Part
11, modified for purposes of this section as follows:
(i) For each taxable year beginning on or after January
1, 1991, and ending on or before December 31, 1996,
income shall be apportioned to the enterprise zone by .
multiplying total income from the business by a fraction,
the numerator of which is the property factor plus the
payroll factor, and the denominator of which is 2.
(ii) "The enterprise zone" shall be substituted for .
"this state."
(C) A net operating loss carryover shall be a deduction
only with respect to taxable years ending prior to the
termination of enterprise zone designation pursuant to
Section 7(Jl3 of the Government Code.
(c) A taxpayer engaged in the conduct of a trade or
business within the Los Angeles Revitalization Zone
designated pursuant to Section 7102 of the Government
Code. ~
(1) A net operating loss shall not be a net operating
loss carryback for any taxable year, and a net operating
loss for any taxable year beginning on or after the date
the area in which the taxpayer conducts a trade or
business is designated the Los Angeles Revitalization
Zone shall be a net operating loss carryover to each
following taxable year that ends before the expiration or .
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1 revocation of the designation of the Los Angeles
2 Revitalization Zone under Section 7102 of the
3 Government Code or to each of the 15 taxable years
4 following the taxable year of loss, if longer.
5 (2) For the purposes of this subdivision:
6 (A) "Net operating loss" means the loss determined
7 under Section 172 of the Internal Revenue Code, as
8 modified by Section 17276.1, attributable to the business
9 activities of the taxpayer within the Los Angeles
10 Revitalization Zone (as defined in Section 7102 of the
11 Government Code). The attributable loss shall be
12 determined in accordance with the provisions of Article
13 2 (commencing with Section 25120) of Chapter 17 of Part
14 11, modified as follows:
15 (i) For each taxable year beginning on or after January
16 1, 1992, and ending before January 1, 1998, loss shall be
17 apportioned to the Los Angeles Revitalization Zone by
18 multiplying total loss from the business by a fraction, the r'>
19 numerator of which is the property factor plus the payroll -
20 factor, and the denominator of which is 2. . \
21 (ii) "The Los Angeles Revitalization Zone" shall be <c.
22 substituted for "this state." "'^
23 (B) A net operating loss carryover shall be a deduction <:::>J
24 only with respect to income attributed to the business - 1::1
25 activities of the taxpayer within the Los Angeles
26 Revitalization Zone (as defined in Section 7102 of the
27 Government Code) determined in accordance with the
28 provisions of Article 2 (commencing with Section 25120)
29 of Chapter 17 of Part 11, modified as follows:
30 (i) For each taxable year beginning on or after January
31 1, 1992, and before January 1, 1998, income shall be
32 apportioned to the Los Angeles Revitalization Zone by
33 multiplying total income from the business by a fraction,
34 the numerator of which is the property factor plus the
35 payroll factor, and the denominator of which is 2.
36 (ii) "The Los Angeles Revitalization Zone" shall be
37 substituted for "this state."
38 (3) This subdivision shall cease to be operative on
39 January 1, 1998. However, any unused net operating loss
40 may continue to be carried over to following years as
SB 845
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1 provided in this subdivision until the net operating loss
2 has been used.
3 (d) For each taxable year beginning on or after
4 January 1, 1995, and before January 1, 2003, a taxpayer
5 engaged in the conduct of a trade or business within a
6 LAMBRA.
7 (1) A net operating loss shall not be a net operating
8 loss carryback for any taxable year, and a net operating
9 loss for any taxable year beginning on or after the date
10 the area in which the taxpayer conducts a trade or
11 business is designated a LAMBRA shall be a net operating
12 loss carryover to each following taxable year that ends
13 before the expiration or revocation of the designation of
14 a LAMBRA under Section 7116 of the Government Code
15 or to each of the 15 taxable years following the taxable
16 year of loss, if longer. .
17 (2) For the purposes of this subdivision:
18 (A) "LAMBRA" means a local agency military base
19 recovery area designated in accordance with Section
20 7114 of the Government Code.
21 (B) 'Taxpayer" means a taxpayer or partnership that
22 conducts a trade or business within a LAMBRA and, for
23 the first two taxable years, has a net increase in jobs
24 (defined as 2,000 paid hours per employee per year) of
25 one or more employees in the LAMBRA.
26 (i) The net increase in the number of jobs shall be
~ determined by subtracting the total number of full-time
28 employees (defined as 2,000 paid hours per employee per
29 year) the taxpayer employed in this state in the taxable
30 year prior to commencing business operations in the
31 LAMBRA from the total number of full-time employees
32 the taxpayer employed in this state during the second
33 taxable year after commencing business operations in the
34 LAMBRA. For taxpayers who commence doing business
35 in this state with their LAMBRA business operation, the
36 number of employees for the taxable year prior to
37 commencing business operations in the LAMBRA shall
38 be zero. If the taxpayer has a net increase in jobs in the
39 state, the credit shall be allowed only if one or more
40 full-time employees is employed within the LAMBRA.
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SB 845
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1 (ii) The total number of employees employed in the
2 LAMBllA shall equal the sum of both of the following:
3 (I) The total number of hours worked in the LAMBRA
4 for the taxpayer by employees (not to exceed 2,000 hours
5 per employee) who are paid an hourly wage divided by
6 2,000.
7 (II) The total number of months worked in the
8 LAMBRA for the taxpayer by employees who are salaried
9 employees divided by 12.
10 (iii) In the case of a taxpayer who first commences
11 doing business in the LAMBRA during the taxable year,
12 for purposes of subclauses (I) and (II), respectively, of
13 clause (ii) the divisors "2,000:' and "12" shall be
14 multiplied by a fraction, the numerator of which is the
15 number of months of the taxable year that the taxpayer
16 was doing business in the LAMBRA and the denominator
17 of which is 12.
18 (C) "Net operating loss" means the loss determined
19 under Section 172 of the Internal Revenue Code, as
20 modified by Section 17276.1, attributable to the busmess
21 activities of the taxpayer within a LAMBRA. The
22 attributable loss shall be determined in accordance with
23 the provisions of Article 2 (commencing with Section
24 25120) of Chapter 17 of Part 11, modified as follows:
25 (i) For each taxable year beginning on or after January
26 1 1995 loss shall be apportioned to a LAM BRA by
27 ~ultipl~ng total loss from the business by a fraction, the
28 numerator of which is the property factor plus the payroll
29 factor and the denominator of which is 2.
30 (ii)' "The LAMBRA" shall be substituted for "this
31 state."
32 (D) A net operating loss carryover shall be a
33 deduction only with respect to income attributed to the
34 business activities of the taxpayer within a LAMBRA
35 determined in accordance with the provisions of Article
36 2 (commencing with Section 25120) of Chapter 17 of Part
37 11, modified as follows:
38 (i) For each taxable year beginning on or after January
39 1 1995 and before January 1, 2003, income shall be
40 apporti~ned to a LAMBRA by multiplying total income
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S8 845
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1 from the business by a fraction, the numerator of which
2 is the property factor plus the payroll factor and the
3 denominator of which is 2. '
4 (ii) "The LAMBRA" shall be substituted for uthis
5 state."
6 (iii) If a loss carryover is allowable pursuant to this
7 section for any taxable year after the LAMBRA
8 designation has expired, the LAMBRA shall be deemed to
9 remain in existence for purposes of computing this
10 limitation.
11 (e) A taxpayer who qualifies as a "qualified taxpayer"
12 shall, for the taxable year of the net operating loss and any
13 taxable year to which that net operating loss may be
14 carried, designate on the return filed for each year the
15 su.bdivision of this section which applies to that taxpayer
16 wIth respect to that net operating loss. If the taxpaye'r is
17 ehgJble to qualify under more than one subdivision of this
18 section, the designation is to be made after taking into
19 account subdivision (f).
20 (f) If a taxpayer is eligible to qualify under more than
21 o~e subdivision of this section as a "qualified taxpayer,"
22 Wlth respect to a net operating loss in a taxable year, the
23 taxpayer shall designate which subdivision of this section
24 is to apply to the taxpayer.
25 (g) Notwithstanding Section 17276, the amount of the
26 loss de~ermined under this section shall be the only net
27 operatmg loss allowed to be carried over from that
28 taxable ~ear and ~he designation under subdivision (e)
29 shall be mcluded III the election under Section 17276.1.
30 (~) Any taxpayer described in subdivision (b) who
31 chums a net operating loss deduction pursuant to this
32 section shall provide, in a fonn and manner specified by
33 the Franchise Tax Board, the nwnber of full-time
34 (defined as 35 hours or more per week), part-time, and
35 seasonal employees employed by the taxpayer within an
36 enterprise zone as of the first and last day of the taxable
37 year.
38 SEe. 8. Section 23612 of the Revenue and Taxation
39 Code is amended to read:
40 23612. (a) There shall be allowed as a credit against
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58 845
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1 the "tax" (as defined by Section 23036) an amount equal
2 to the sales or use tax paid or incurred by the taxpayer in
3 connection with the purchase of qualified property.
4 (b) For purposes of this section:
5 (1) "Taxpayer" means either of the following:
6 (A) A qualified business as defined in Section 7082 of
7 the Government Code.
8 (B) A bank or corporation engaged in a trade or
9 business within an enterprise zone designated pursuant
10 to Section 7fJ13 of the Government Code.
11 (2) "Qualified property" means machinery and
12 machinery parts used for fabricating, processing,
13 assembling, and manufacturing. and machinery and
14 machinery parts used for the pr<xluction of renewable
15 energy resources or air or water pollution control
16 mechanisms, up to a value of twenty million dollars
17 ($20,000,000), which; 1ft meets either of the following
18 requirements:
19 (A) In the case of a taxpayer described in
20 subparagraph (A) of paragraph (1) the property, is used
21 exclusively in a program area; tIftft; itt . .
22 (B) In the case of a taxpayer described in
23 subparagraph (B) of paragraph (I), the property is used
24 exclusively in an enterprise zone and is purchased prior
25 to the termination of enterprise zone designation
26 pursuant to Section 7073 of the Government Code.
27 (c) If the taxpayer has purchased property upon
28 which a use tax has been paid or incurred, the credit
29 provided under subdivision (a) shall be allowed only if
30 qualified property of a comparable quality and price is
31 not timely available for purchase in this state.
32 (d) In the case where the credit allowed under this
33 section exceeds the "tax," the excess may be carried over
34 to reduce the "tax" in the following year, and succeeding
35 years if necessary, until the credit has been exhausted.
36 (e) Any taxpayer who elects to be subject to this
37 section shall not be entitled to increase the basis of the
38 property as otherwise required by Section 164(a) of the
39 Internal Revenue Code with respect to sales or use tax
40 paid or incurred in connection with the purchase of
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S8 845
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1 qualified property.
2 (f) In the case of a taxpayer described in subparagraph
3 (A) of paragraph (1) of subdivision (b), the amount of
4 the credit allowed by this section shall not in any year
5 exceed the amount of tax which would be imposed on the
6 income attributed to business activities of the taxpayer
7 within the program area (as defined in Section 7082 of
8 the Government Code). The amount of that attributed
9 income shall be determined in accordance with the
10 provisions of Article 2 (commencing with Section 25120)
I I of Chapter 17, modified for purposes of this section as
12 follows:
13 (1) For income years beginning on or after January 1,
14 1991, and ending on or before December 31,1996, income
15 shall be apportioned to the program area by multiplying
16 total income from the business by a fraction, die
17 numerator of which is the property factor plus the payroll
18 factor, and the denominator of which is two.
19 (2) "The program area" shall be substituted for "this
20 state."
21 (g) In the case of a taxpayer described in
22 subparagraph (B) of paragraph (1) of subdivision (b),
23 the amount of the credit allowed by this section in any
24 year shall not exceed the amount of tax which would be
25 imposed on the income attributed to business activities of
26 the taxpayer within the enterprise zone (designated
27 pursuant to Section 7073 of the Government Code). The
28 amount of that attributed income shall be determined in
29 accordance with the provisions of Article 2 (commencing
30 with Section 25120) of Chapter 17, modified for purposes
31 of this section as follows:
32 (1) For income years beginning on or after January 1,
33 1991, and ending on or before December 31,1996, income
34 shall be apportioned to the enterprise zone by
35 multiplying total income from the business by a fraction,
36 the numerator of which is the property factor plus the
37 payroll factor, and the denominator of which is two.
38 (2) "The enterprise zone" shall be substituted for "this
39 state."
40 (h) Any taxpayer described in subparagraph (B) of
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S8 845
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1 paragraph (1) of subdivision (b) who claims a credit
2 pursuant to this section shall provide, in a form and
3 manner specified by the Franchise Tax Board, the
4 number of full-time (defined as 35 hours or more per
5 week), part-time, and seasonal employees employed by
6 the taxpayer within an enterprise zone as of the first and
7 last day of the income year.
S SEe. 9. Section 23622 of the Revenue and Taxation
9 Code is amended to read:
10 23622. (a) There shall be allowed as a credit against
11 the "tax" (as defined by Section 23(36) an amount equal
12 to the sum of each of the following:
13 (1) Fifty percent for qualified wages in the first year
14 of employment.
15 (2) Forty percent for qualified wages in the second
16 year of employment.
17 (3) Thirty percent for qualified wages in the third year
18 of employment.
19 (4) Twenty percent for qualified wages in the fourth
20 year of employment. .
21 (5) Ten percent for qualified wages in the fifth year of
22 employment.
23 (b) For purposes of this section:
24 (1) "Qualified wages" means the wages paid or
25 incurred by the employer during the income year to
26 qualified disadvantaged individuals. "Qualified wages"
'1:1 means that portion of hourly wages which does not
28 exceed ISO percent of the minimum wage.
29 (2) "Qualified years one through five wages" means,
30 with respect to any individual, qualified wages received
31 during the 6O-month period beginning with the day the
32 individual commences employment within an enterprise
33 zone. "Qualified years one through five wages" shall not
34 include any wages paid or incurred after the date
35 enterprise zone designation terminates, expires, or
36 becomes inoperative.
37 (3) "Minimum wage" means the wage established by
38 the Industrial Welfare Commission as provided for in
39 . Chapter 1 (commencing with Section 1171) of Part 4 of
40 Division 2 of the Labor Code.
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SB 845
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1 (4) "Qualified disac'.vantaged individual" means an
2 individual-
3 (A) Who is a qualified employee within the meaning
4 of paragraph (5).
5 (B) Who is hired by the employer after the
6 designation of the area in which services were performed
7 as an enterprise zone (under Section 7073 of the
8 Government Code).
9 (C) Who is any of the following:
10 (i) An individual who has been determined eligible for
11 services under the federal Job Training Partnership Act
12 (29 U.S.c. Sec. 1501 et seq.).
13 (ii) Any voluntary or mandatory registrant under the
14 Greater Avenues for Independence Act of 1985 provided
15 for pursuant to Article 3.2 (commencing with Section
16 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare
17 and Institutions Code.
18 (iii) Any individual who has been certified eligible by
19 the California Employment Development Department
20 under the federal Targeted Jobs Tax Credit Program as
21 long as that program is in effect.
22 (5) "Qualified employee" means an individual who
23 satisfies both of the following:
24 (A) At least 90 percent of whose services for the
25 taxpayer during the income year are directly related to
26 the conduct of the taxpayer's trade or business located in
27 an enterprise zone, and
28 (B) Who performs at least 50 percent of his or her
29 services for the taxpayer during the income year in an
30 enterprise zone.
31 (c) (1) For purposes of this section, all employees of
32 all corporations that are members of the same controlled
33 !1!oup of corporations shall be treated as employed by a
34 smgle employer. In any such case, the credit (if any)
35 allowable by this section to each member shall be
36 determined by reference to its proportionate share of the
37 qualified wages giving rise to the credit. For purposes of
38 this subdivision, "controlled group of corporations" has
39 the meaning given to that term by Section 1563(a) of the
40 Internal Revenue Code, except that-
1 (A) "More than 50 percent" shall be substituted for "at
2 least 80 percent" each place it appears in Section
3 1563(a) (1) of the Internal Revenue Code.
4 (B) The determination shall be made without regard
5 to subsections (a) (4) and (e) (3) (C) of Section 1563 of
6 the Internal Revenue Code.
7 (2) If an employer acquires the major portion of a
8 trade or business of another employer (hereinafter in this
9 paragraph referred to as the "predecessor") or the major
10 portion of a separate unit of a trade or business of a
11 predecessor, then, for purposes of applying this section
12 (other than subdivision (d)) for any calendar year
13 ending after that acquisition,.. the employment
14 relationship between an employee and an employer shall
15 not be treated as terminated if the employee continues
16 to be employed in that trade or business.
17 (d) (1) If the employment of any employee with
18 respect to whom qualified wages are taken into account
19 under subdivision (a) is terminated by the taxpayer at
. 20 any time during the first 270 days of that employment
21 (whether or not consecutive) or before the close of die
22 270th calendar day after the day in which that employee
23 completes 90 days of employment with the taxpayer, the
. 24 tax imposed by this part for the income year in which that
25 employment is terminated shall be increased by an
26 amount equal to the credit allowed under subdivision (a)
27 for that income year and all prior income years
28 attributable to qualified wages paid or incurred with
29 respect to that employee.
30 (2) (A) Paragraph (1) shall not apply to any of the
31 following:
32 (i) A termination of employment of an employee who
33 voluntarily leaves the employment of the taxpayer.
34 (ii) A termination of employment of an individual
35 who, before the close of the period referred to in
36 paragraph (1), becomes disabled to perform the services
37 of that employment, unless that disability is removed
38 before the close of that period and the taxpayer fails to
39 offer reemployment to that individual.
40 (iii) A termination of employment of an individual, if
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40
it is determined u.ndcr thc applicable unemployment ·
compensatlOn provIsIons that the termination was due to
the mIsconduct of that individual.
(iv) A termination of employment of an individual
due to a substantial reduction in the trade or business
operations of the taxpayer.
(v) A termination of employment of an individual if .
that individual is replaced by other qualified employ~es
so as to create a net increase in both the number of
employees and the hours of employment.
(B) For purposes of paragraph (1), the employment
relationship between the taxpayer and an employee shall
not be treated as terminated-
(i) By a transaction to which Section 381 (a) of the
Internal Revenue Code applies, if the employ~e
contmues to be employed by the acquiring corporation
or '
(ii) By reason of a mere change in the form of
conducting the.trade or business of the taxpayer, if the
em~loyee continues to be employed in that trade or
busmess and the taxpayer retains a substantial interest in
that trade or business.
(3) Any increase in tax rmder paragraph (1) shall not
be treated as tax imposed by this part for purposes of
de,ternumng the amormt of any credit allowable rmder
this part.
(e) In the case of-
(1) An organization to which Section 593 of the
Internal Revenue Code applies, and
. (2) A regulated investment company or a real estate
mveslr?ent trust subject to taxation under this part
rules slTmlar to the rules provided in subsections (e) and
(h) of Section 46 of the Internal Revenue Code shall
apply.
(f) For purposes of this section, "enterprise zone"
mean~ ~ area for which designation as an enterprise
zone IS m effect rmder Section 7073 of the Government
Code.
(g) The credit shall be reduced by the credit allowed
under Section 23621. The credit shall also be reduced by
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1 the federal credit allowed under Section 51 of the
2 Intcrnal Revenue Code.
3 In addition, any deduction otherwise allowed under
4 this part for the wages or salaries paid or incurred by the
5 taxpayer upon which the credit is based shall be reduced
6 by the amount of the credit.
7 (h) In the case where the credit allowed under this
8 section exceeds the "tax," the excess may be carried over
9 to reduce the "tax" in the following year, and succeeding
10 years if necessary, for the number of years in which the
II designation of an enterprise zone under Section 7073 of
12 the Government Code is operative, or 15 income years,
13 if longer, until the credit has been e.xhausted.
14 (i) The amormt of the credit allowed by this section
15 shall not in any year exceed the amount of tax which
16 would be imposed on the income attributed to business
17 activities of the taxpayer within the enterprise zone (as
18 defined in Section 7073 of the Government Code). The
19 amount of that attributed income shall be determined in
20 accordance with the provisions of Article 2 (commencing
21 with Section 25120) of Chapter 17, modified for purposes
22 of this section as follows:
23 (1) For income years beginning on or after January 1,
. 24 1991, and ending on or before December 31,1996, income
25 shall be apportioned to the enterprise zone by
26 multiplying total income from the business by a fraction,
27 the numerator of which is the property factor plus the
28 payroll factor, and the denominator of which is two.
29 (2) "The enterprise zone" shall be substituted for "this
30 state."
31 lj) Any taxpayer claiming a credit pursuant to this
32 section shall provide, in a form and manner specified by
33 the Franchise Tax Board, the number of full-time
34 (defined as 35 hours or more per week), part-time, and
35 seasonal employees employed by the taxpayer within an
36 enterprise zone as of the first and last day of the income
37 year.v38 SEe. 10. Section 24356.2 of the Revenue and Taxation
39 Code is amended to read:
40 24356.2. (a) A taxpayer may elect to treat the cost of
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1 any Section 24356.2 property as an expense which is not
2 chargeable to capital account. Any cost so treated shall be
3 allowed as a deduction for the income year in which the
4 Section 24356.2 property is placed in service.
5 (b) (1) An election under this section for any income
6 year shall-
7 (A) Specify the items of Section 24356.2 property to
8 which the election applies and the portion of the cost of
9 each of those items which is to be taken into account
10 under subdivision (a). and
11 ,(B) Be made on the taxpayer's return of the tax
12 imposed by this part for the income year.
13 (2) Any election made under this section, and any
14 specification contained in that election, may not be
15 revoked except with the consent of the Franchise Tax
16 Board. .
17 (c) ( 1) For purposes of this section, "Section 24356.2
18 property" means any recovery property which is Section
19 1245 property (as defined in Section 1245 (a) (3) of the
20 Internal Revenue Code) and which is acquired by
21 purchase for exclusive use in a trade or business
22 conducted within an enterprise zone designated
23 pursuant to Section 7fY73 of the Government Code.
24 (2) For purposes of paragraph (1), "purchase'" means
25 any acquisition of property, but only if-
26 (A) The property is not acquired from a person whose
27 relationship to the person acquiring it would result in the
28 disallowance of losses under Section 267 or 7fY7 (b) of the
29 Internal Revenue Code (but, in applying Sections 267 (b)
30 and 267 (c) of the Internal Revenue Code for purposes of
31 this section, Section 267 (c) (4) of the Internal Revenue
32 Code shall be treated as providing that the family of an
33 individual shall include only his or her spouse, ancestors,
34 and lineal descendants),
35 (B) The property is not acquired by one member of an
36 affiliated group from another member of the same
37 affiliated group, and
38 (C) The basis of the property in the hands of the
39 person acquiring it is not determined in whole or in part
40 by reference to the adjusted basis of such property in the
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1 hands of the person from whom acquired.
2 (D) The property is acquired prior to the termination
3 of enterprise zOJle designation pursuant to Section 7m3
4 of the GoveT1l11Jcnt Code.
5 (3) For purposes of this section, the cost of property
6 does not include so much of the basis of that property as
7 is determined by reference to the basis of other property
8 held at any time by the person acquiring that property.
9 (4) This section shall not apply to any property for
10 which the taxpayer may not make a federal election for
11 the taxable year under Section 179 of the Internal
12 Revenue Code because of the application of the
13 provisions of Section 179(d) of the Internal Revenue
14 Code.
15 (5) For purposes of subdivision (b)-
16 (A) All members of an affiliated group shall be treated
17 as one taxpayer, and
18 (B) The taxpayer shall apportion the dollar limitation
19 contained in subdivision (f) among the members of the
20 affiliated group in whatever manner the board shall by
21 regulations prescribe.
22 (6) For purposes of paragraphs (2) and (5), "affiliated
23 group" has the meaning assigned to it by Section 1504 of
24 the Internal Revenue Code, except that, for these
25 purposes, the phrase "more than 50 percent'" shall be
26 substituted for the phrase "at least 80 percent'" each place
27 it appears in Section 1504(a) of the Internal Revenue
28 Code.
29 (7) This section shall not apply to any property
30 described in Section 168(f) of the Internal Revenue
31 Code, relating to property to which Section 168 of the
32 Internal Revenue Code does not apply.
33 (d) For purposes of this section, "taxpayer" means a
34 taxpayer who conducts a trade or business within an
35 enterprise zone designated pursuant to Section 7fY73 of
36 the Government Code.
37 (e) Any taxpayer who elects to be subject to this
38 section shall not be entitled to claim additional
39 depreciation pursuant to Section 24356 with respect to
40 any property which constitutes Section 24356.2 property.
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(f) The deduction allowable under subdivision (a) for
any income year shall not exceed the following applicable
amount for the income year of the designation of an
enterprise zone and income years thereafter:
The applicable
amount is:
.
Income year of designation............................
1st income year thereafter ............................
2nd income year thereafter ..........................
3rd income year thereafter ............................
Each income year thereafter ........................
$ 5,000
5,000
7,500
7,500
10,000
(g) This section shall apply only to property which is
used exclusively in a trade or business conducted within
an enterprise zone.
(h) Any amounts deducted under subdivision (a) with
respect to property which ceases to be used in the trade
or business within an enterprise zone at any time before .
the close of the second income year after the property is
placed in service shall be included in income for that
year.
(i) Any taxpayer who elects to be subject to this
section shall provide, in a Form and manner specified by .
the Franchise Tax Board, the number of Full-time
(dermed as 35 hours or more per week), part-time, and
seasonal employees employed by the taxpayer within an
enterprise zone as of the first and last day of the income
year.
SEe. 11. Section 24384 of the Revenue and Taxation
Code is amended to read:
24384. (a) There shall be allowed as a deduction the
amount of net interest received by the taxpayer in .
payment of indebtedness of either of the following:
(1) A qualified business (as defined in Section 7082 of
the Government Code).
(2) A person or entity engaged in trade or business
located in an enterprise zone (as defined in Section 7073
of the Government Code).
(b) No deduction shall be allowed under subdivision .'
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SB 845
1 (a) unless at the time the indebtedness is incurred each
2 of the following requirements are met:
3 (1) The qualified business is located solely within a
4 program area (as defined in Section 7082 of the
5 Government Code), or the trade or business is located
6 solely within an enterprise zone (as defined in Section
7 7073 of the Government Code).
8 (2) The indebtedness is incurred solely in connection
9 with activity within the program area or enterprise zone.
10 (3) The taxpayer has no equity or other ownership
11 interest in the debtor.
12 (4) With respect to the deduction allowed under
13 paragraph (2) of subdivision (a), the interest is received
14 prior to the termination of enterprise zone designation
15 pursuant to Section 7(Jl3 of the Government Code.
16 SEe. 12. Section 24416.2 of the Revenue and Taxation
17 Code is amended to read:
18 24416.2. The term "qualified taxpayer" as used in
19 Section 24416.1 means any of the following:
20 (a) A taxpayer engaged in the conduct of a qualified
21 business within a program area (as defined in Section
22 7082 of the Government Code).
23 (1) A net operating loss shall not be a net operating
24 loss carryback for any income year and a net operating
25 loss for any income year beginning on or after the date
26 that the taxpayer becomes a qualified business shall be a
27 net operating loss carryover to each of the 15 income
28 years following the income year of loss.
29 (2) For purposes of this subdivision:
30 (A) "Net operating loss" means the loss determinal
31 under Section 172 of the Internal Revenue Code, as
32 modified by Section 24416.1, attributable to the business
33 activities of the taxpayer within the program area (as
34 defined in Section 7082 of the Government Code). That
35 attributed loss shall be determined in accordance with
36 the provisions of Article 2 (commencing with Section
37 25120) of Chapter 17, modified for purposes of this section
38 as follows:
39 (i) For each income year beginning on or after
40 January 1,1991, and ending on or before December 31,
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1996,. loss shall be apportioned to the program area by
multiplymg total loss from the business by a fraction the
numerator of which is t~e property factor plus the pa~roll
factor, and the denommator of which is 2.
(ii)" 'The program area" shall be substituted for "this
state.
(B) A net operating loss carryover shall be a deduction
only .~th respect to income attributed to the business
activIties of the taxpayer within the program area (as
defined. in ~ection 7082 o~ the Government Code)
deternuned In accordance WIth the provisions of Article
2 (c?mmencing with Section 25120) of Chapter 17,
mo?ified for purposes of this section as follows:
(1) For each income year beginning on or after
Janu~y 1, 1991, and ending on or before December 31,
1996,.mcome shall. be apportioned to the program area by
multiplymg total mcome from the business by a fraction
the numerator of which is the property factor plus th~
payroll factor, and the denominator of which is 2
(ii) "The program area" shall be substituted fo~ "this
state. "
(b) A taxpayer who is engaged in the conduct of a
trade or business within an enterprise zone designated
pursuant to Section 7(J73 of the Government Code on or
after that deSignation.
(I) .(A) A net operating loss shall not be a net
opera~g lo~s carryback to any income year and, except
as p~oVlded m subparagraph (B), a net operating loss for
any I?COme year beginning on or after the date that the
area ~ whICh the taxpayer conducts a trade or business
IS deSIgnated an enterprise zone shall be a net operating
loss carryover .to each following income year that ends
before the expIration or revocation of the designation of
the enterprise zone under Section 7073 of the
Gover~ent .Code or to each of 15 income years
followmg the mcome year of loss, if longer.
(~) In the case of a financial institution to which
Section 585, 586, or 593 of the Internal Revenue Code
apphes: a net operating loss for any income year
begmrung on or after January I, 1984, shall be a net
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S8 845
1 operating loss carryover to each of the five income years
2 following the income year of the loss. Subdivision (b) of
3 Section 24416.1 shall not apply.
4 (2) For purposes of this subdivision:
5 (A) "Net operating loss" means the loss determined
6 under Section 172 of the Internal Revenue Code, as
7 modified by Section 24416.1, attributable to the business
8 activities of the taxpayer within the enterprise zone (as
9 defined in Section 7(J13 of the Government Code). The
10 attributed loss shall be determined in accordance with
II the provisions of Article 2 (commencing with Section
12 25120) of Chapter 17, modified for purposes of this section
13 as follows:
14 (i) For each income year beginning on or after
15 January 1, 1991, and ending on or before December 31,
16 1996, loss shall be apportioned to the enterprise zone by
17 multiplying total loss from the business by a fraction, the
18 numerator of which is the property factor plus the payroll
19 factor, and the denominator of which is 2.
20 (ii) 'The enterprise zone" shall be substituted for
21 "this state."
22 (B) A net operating loss carryover shall be a deduction
23 only with respect to income attributed to the business
24 activities of the taxpayer within the enterprise zone (as
25 defined in Section 7(J13 of the Government Code)
26 determined in accordance with the provisions of Article
'Z1 2 (commencing with Section 25120) of Chapter 17,
28 modified for purposes of this section as follows:
29 (i) For each income year beginning on or after
30 January 1,1991, and ending on or before December 31,
31 1996, income shall be apportioned to the enterprise zone
32 by multiplying total income from the business by a
33 fraction, the numerator of which is the property factor
34 plus the payroll factor, and the denominator of which is
35 2.
36 (ii) "The enterprise zone" shall be substituted for
37 "this state."
38 (C) A net operating loss carryover shall be a deduction
39 only with respect to income years ending prior to the
40 termination of enterprise zone designation pursuant to
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Section 7073 of the Govemment Code.
(c) A taxpayer engaged in the conduct of a trade or
business within the Los Angeles Revitahzation Zone
designated pursuant to Section 7102 of the Government
Code.
(1) (A) A net operating loss shall not be a net
operati~g lo~ carryback for any income year and, except
as p~oVlded ill subparagraph (B), a net operating loss for
any mcome year beginning on or after the date the area
in which the taxpayer conducts a trade or business is
designated the Los Angeles Revitahzation Zone shall be
a net operating loss carryover to each following income
year that ends before the expiration or revocation of the
designation of the Los Angeles Revitahzation Zone under
Section 7102 of the Government Code or to each of the
15 income years following the income year of loss, J
longer.
(B) In the case of a financial institution to which
Section 585, 586, or 593 of the Internal Revenue Code
apphes, a net operating loss for any income year
be~g on or after January I, 1984, shall be a net
operating loss carryover to each of the five years
following the income year of the loss. Subdivision (b) of
Section 24416.1 shall not apply.
(2) For the purposes of this subdivision:
(A) "Net operating loss" means the loss determined
under Section 172 of the Internal Revenue Code as
modified by Section 24416.1, attributable to the busu;.ess
activities of the taxpayer within the Los Angeles
Revitahzation Zone (as defined in Section 7102 of the
Government Code) . The attributable loss shall be
determined in accordance with the provisions of Article
2 (~ommencing with Section 25120), modified as follows:
(I! The ~oss shall be apportioned to the Los Angeles
Revltahzation Zone by multiplying the loss from the
business by a fraction, the numerator of which is the
property factor plus the payroll factor and the
denominator of which is 2. '
(ii) "The Los Angeles Revitahzation Zone" shall be
substituted for this state.
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(B) A net operating loss carryover shall be a deduction
only with respect to income attributable to the business
activities of the taxpayer within the Los Angeles
Revitalization Zone (as defined in Section 7102 of the
Government Code) determined in accordance with the
provisions of Article 2 (commencing with Section 25120)
of Chapter 17 of Part 11, modified as follows:
(i) For each taxable year beginning on or after January
1, 1992, and before January I, 1998, income shall be
apportioned to the Los Angeles Revitalization Zone by
multiplying total income from the business by a fraction,
the numerator of which is the property factor plus the
payroll factor, and the denominator of which is 2.
(ii) "The Los Angeles Revitahzation Zone" shall be
substituted for "this state."
(3) This subdivision shall cease to be operative on
January I, 1998. However, any unused net operating loss
may continue to be carried over to following years as
provided in this subdivision until the net operating loss
has been used. .
(d) For each income year beginning on or after
January I, 1995, and before January 1, 2003, a taxpayer
engaged in the conduct of a trade or business within a
LAMBRA.
(1) (A) A net operating loss shall not be a net
operating loss carryback for any income year and, except
as provided in subparagraph (B), a net operating loss for
any income year beginning on or after the date the area
in which the taxpayer conducts a trade or business is
designated a LAM BRA shall be a net operating loss
carryover to each following income year that ends before
the expiration or revocation of the designation of a
LAMBRA under Section 7116 of the Government Code or
to each of the 15 income years following the income year
of loss, if longer.
(B) In the case of a financial institution to whichnSection 585, 586, or 593 of the Internal Revenue Code
applies, a net operating loss for any income year
beginning on or after January 1, 1984, shall be a net
operating loss carryover to each of the five years
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1 following the income year of the loss. Subdivision (b) of
2 Section 24416.1 shall not apply.
3 (2) For the purposes of this subdivision:
4 (A) "LAMBRA" means a local agency military base
5 recovery area designated in accordance with Section
6 7114 of the Government Code.
7 (B) "Taxpayer" means a bank or corporation that
8 conducts a trade or business within a LAMBRA and for
9 the first two income years, has a net increase in Jobs
10 (defined as 2,000 paid hours per employee per year) of
11 one or more employees in the LAMBRA.
12 (i) The net increase in the number of jobs shall be
13 determined by subtracting the total number of full-time
14 employees (defined as 2,000 paid hours per employee per
15 year) the taxpayer employed in this state in the income
16 year prior to commencing business operations in the
17 LAMBRA from the total number offull-time employees
18 the taxpayer employed in this state during the second
19 mcome year after commencing business operations in the
20 !-AMBRA. Fo~ taxpayers who commence doing business
21 m this state WIth their LAMBRA business operation, the
22 number of employees for the income year prior to
23 commencing business operations in the LAMBRA shall
24 be zero. If the taxpayer has a net increase in jobs in the
25 state, the credit shall be allowed only if one or more
26 full-time employees is employed within the LAMBRA.
27 (ii) The total number of employees employed in the
28 LAMBRA shall equal the sum of both of the following:
29 (I) The total number of hours worked in the LAM BRA
30 for the taxpayer by employees (not to exceed 2,000 hours
31 per employee) who are paid an hourly wage divided by
32 2,000.
33 (II) The total number of months worked. in the
34 LAMBRA for the taxpayer by employees who are salaried
35 employees divided by 12.
36 (iii) In the case of a taxpayer that first commences
37 doing business in the LAM BRA during the income year,
38 for purposes of subclauses (I) and (II), respectively, of
39 clause (n) the divisors "2,000" and "12" shall be
40 multiplied by a fraction, the numerator of which is the
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58 845
1 number of months of the income year that the taxpayer
2 was doing business in the LAMBRA and the denominator
3 of which is 12.
4 (C) "Net operating loss" means the loss determined
5 under Section 172 of the Internal Revenue Code, as
6 modified by Section 24416.1, attributable to the business
7 activities of the taxpayer within a LAMBRA. The
8 attributable loss shall be determined in accordance with
9 the provisions of Article 2 (commencing with Section
10 25120), modified as follows:
11 (i) For each income year beginning on or after
12 January 1, 1995, the loss shall be apportioned to a
13 LAMBRA by multiplying the loss from the business by a
14 fraction, the numerator of which Is the property factor
15 plus the payroll factor, and the denominator of which ts
16 2.
17 (ii) "The LAMBRA" shall be substituted for "this
18 state."
19 (0) A net operating loss carryover shall be a
20 deduction only with respect to income attributable to the
21 business activities of the taxpayer within a LAMBRA
22 determined in accordance with the provisions of Article
23 2 (commencing with Section 25120) of Chapter 17 of Part
24 11, modified as follows:
25 (i) For each taxable year beginning on or after January
26 1, 1995, and before January 1, 2003, income shall be
27 apportioned to a LAMBRA by multiplying total income
28 from the business by a fraction, the numerator of which
29 is the property factor plus the payroll factor, and the
30 denominator of which is 2.
31 (ii) "The LAMBRA" shall be substituted for "this
32 state."
33 (iii) If a loss carryover is allowable pursuant to this
34 section for any income year after the LAM BRA
35 designation has expired, the LAM BRA shall be deemed to
36 remain in existence for purposes of computing this
37 limitation.
38 (e) A taxpayer who qualifies as a "qualified taxpayer"
39 shall, for the income year of the net operating loss and
40 any income year to which that net operating loss may be
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1 carried, designate on the return filed for each year the
2 subdivision of this section which applies to that taxpayer
3 with respect to that net operating loss. If the taxpayer is
4 eligible to qualify under more than one subdivision of this
5 section, the designation is to be made after taking into
6 account subdivision (f).
7 (f) If a taxpayer is eligible to qualify under more than
8 one subdivision of this section as a "qualified taxpayer,"
9 with respect to a net operating loss in an income year, the
10 taxpayer shall designate which subdivision of this section
11 is to apply to the taxpayer.
12 (g) Notwithstanding Section 24416, the amount of the
13 loss determined under Section 24416.1 shall be the only
14 net operating loss allowed to be carried over from that
Ip income year and the designation under subdivision (e)
16 shall be included in the election under Section 24416.1.
17 (h) Any taxpayer described in subdivision (b) who.
18 claims a net operating loss deduction pursuant to this
19 section shall provide, in a form and manner specified by
20 the Franchise Tax Board, the number of full-time
21 (defined as 35 hours or more per week), part-time, and
22 seasonal employees employed by the taxpayer within an
23 enterprise zone as of the first and last day of the income
24 year.
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AMENDED IN ASSEMBLY JUNE ?:T, 1994
AMENDED IN SENATE APRIL?:T, 1994
AMENDED IN SENATE APRIL 13,1994
SENATE BILL
No. 1779
,
Introduced by Senator Bergeson
(Principal coauthor: Assembly Member Johnson)
(Coauthon: Senaton Beverly, Hurtt, Lewis, Presley, and
Torres)
(Coauthors: Assembly Memben Connolly, Hauser, Hoge,
Morrow, O'Connell, Pringle, 8ft8 Riehter) Richter, and
Snyder)
February 24, 1994
An act to amend Section 1714.1 of the Civil Code, to amend
Section 53069.3 of the Government Code, to arqend Sections
594,594.1,594.4,594.6,594.7,640.5, and 640.6 of, and to add
Sections 594.15 and 836.1 to, the Penal Code, to amend Section
13202.6 of the Vehicle Code, to add Article 18.5 (commencing
with Section 743) to Chapter 2 of Part 1 of Division 2 of, and
to repeal Section 728 of, the Welfare and Institutions Code,
relating to graffiti.
LEGISLATIVE COUNSEL'S DIGFSI'
S8 1779, as amended, Bergeson. Graffiti prevention.
. Existing law prohibits the defacement of property of
, another. Every person who maliciously defaces, damages, or
i destroys the real or personal property of another is guilty of
: vandalism, which is punishable by a fine, imprisonment, or
I' , both, as specified. Liability for an act for the willful
. misconduct of a minor which results in the defacement of
, '
I property with paint or a similar substance is imputed to the
l . parent or guardian of that minor. It is unlawful to sell to a
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inor, or for a minor to possess, a container of aerosol paint
,pable of defacing property. Existing law authorizes a city or
lunty to enact an ordinance to provide for the use of city or
lunty funds to remove graffiti or other inscribed material.
This bill would, among other things, make it unlawful to sell
) a minOT any grafliti implement. The bill would increase the
enalties for specified acts of vandalism resulting in
efacement, damage, or destruction valued at $400 or more,
ut less than $5,000. The bill would authorize a peace officer
J arrest persons whom the officer has reasonable cause to .
elieve has committed specified acts of vandalism, whether or
,ot the acts were committed in his or her presence. The bill
~ould authorize local governments and school districts to
letermine and recover the costs of removing graffiti, as
pecified. The bill would also require minors who commit
pecified acts of vandalism to provide restitution. In addition,
he bill would make parents liable for the payment of
lpecified fines levied on the minor if the minor is unable to
Jay, and would establish a procedure whereby the parent or
~ardian of that minor may be ordered to pay restitution if
the minor or the minor's estate is unable to do so. The bill
would impose a state-mandated local program by expanding
the definition of various crimes.
The CalifonUa Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated
by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required
by this act for a specified reason. .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.. .
.. The people of the State of California do enact as follows:
1 SEGnON1. Section 1714.1 of the Civil Code is
2 amended to read:
3 1714.1. (a) Any act of willful misconduct of a minor
4 which results in injury or death to another person or in
5 any injury to the property of another shall be imputed to
6 the parent or guardian having custody and control of the
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1 minor. for all ~urpose8 of civil damages, and the parent or
2 guardian haVIng custody and control shall be jointly and
3 severally liable with the minor for any damages resulting
4 from the willful misconduct. .
5 ~e joint and several liability of the parent or guardi~
6 haVlOg custody and control of a minor under this
7 subdivision shall not exceed ten thousand dollars
8 ~$~O,OOO) for each tort of the minor, and in the case of
190 ~J~ to a ~rson, imputed liability shall be further
limited to medical, dental and hospital expenses incurred
11 by the injured person, not to exceed ten thousand dollars
12 ($10,000). The liability imposed by this section is in
13 addition to any liability now imposed by law.
14 (b) Any act of willful misconduct of a minor which
15 results. in the ~efacement of property of another by
16 graffiti or other mscribed material shall be imputed to the
17 parent or guardian having custody or control of the minor
18 ~or all purposes of civil damages. These damages shall
19 mclude, ,but are not necessarily limited to, court costs,
. '. 00 attorney s fees, costs of removal of graffiti or other
21 inscribed material by private parties or public entities
_ 22 costs of repair and replacement of defaced property and
23 !he l~w ~nforcement costs incurred by public entitles in
... 24 Identifying and apprehending the minor. These damages
25 may be recovered by civil action or in juvenile court
26 proceedings pursuant to Section 746 of the Welfare and
27 Institutions Code. The parent or guardian having custody
28. or control of the minor shall be jointly and severally liable
29 ~th the minor for any damages resulting from the willful
30 miscOnduct,. not to exceed twenty thousand dollars
31 ($00,000) for each tort of the minor.
32 (c) Notwithstanding any other provision of law if a
.. 33 minor is found to be a person described in Section 002 of
34 the ~e~are and Institutions Code by reason of the
35 COmIDlSSlon of an act prohibited by Section 594 594 3
36 594.4, 640.5, 640.6, or 640.7 of the Penal Code, that imm.:.g
37 and the names and addresses of the minor's parents, if
38 known, shall be reported by the probation officer of the
39 county to the person or entity in possession of the
. . 40 property defaced by.the minor. and to the city clerk or
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1 other official designated by the city council of the city u: ..
,2 which the defaced property is located, or to the clerk of
3 the board of supervisors or other official designated by
4 the board of supervisors, if the I defaced property is
3 located in an unincorporated area of a county or in a city
6 and county.
7 (d) As used in subdivision (b), the term "civil action" ..
8, means an action in municipal court, including small
9' claims court. , '
10 ' (e) In any proceeding brought pursuant to subdivision
11 (b) by a public entity that has adopted cost findings
12 pursuant to Section 7415 of the Welfare and Institutions
13 ,Code, there shall bea presumption affecting the burden
14 of proof that the cost findings made by the public entity,
13 or the most recent review thereof, accurately reflect the
16 , actual ,costs inCWTed by the public entity. A certified
17 copy of an ordinance or resolution memorializing the coSt
18 findings or the most recent review' thereof shall be
19, admissible as proof of those costs., ' '
00 (f) In any proceeding brought pursuant to subdivision . .
21 (b), there shall be a conclusive presumption that a person'
22 convicted by final judgment of violation of Section 594,
23 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, ot
24 declared a ward of the juvenile court pursuant to Section ..
25 602 of the Welfare and Institutions Code by reason of the
26 commission' of an act prohibited by Section 594, 594.3,
27 640.5, or 640.6 of the Penal Code, committed the act
28 described in the judgment, and a certified copy of the
29 , judgment shall be admissible as proof of that fact., "
30 ' " (g) As used in this section, the term "graffiti or other
31 inscribed material" includes any unauthorized
32 inscription, word, figure, mark, or design that is written.
33 marked, etched, scratched, drawn, or painted on any real ..
34 or personal property. ' ,,;' ,
35 ' (h)' As used in this section the term "custody" means
36 either physical or legal custody. " ,
37, SEC. 2. Section 53069.3 of the Government Code is
38 amended to read:
39 53069.3. A city, county, or city and county may enact
40 an ordinance to provide for the use of city or county funds . .
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SB 17'79
1 to re~ove graffiti or other inscribed material from public
2 o~ pnvately owned property within that city, county, or
3 CIty and county and to replace or repair public or
,4 privately owned property within that city, county, or city
5 and county that has been defaced with graffiti or other
6 inscribed material that cannot be removed cost
7, effectively.
8 That ordinance shall authorize only the removal of the
9 graffiti or other inscribed material itself, or, if the graffiti
10 or other inscribed, material cannot be removed
11 cost-effectively, the repair or replacement of the portion
12 of the property that was defaced, and not the painting,
13 repair, or replacement of other parts of the property that
14 were not defaced., '
15 The removal, repair," or 'replacement may be
16 performed only after a finding by the city, county, or city
17 and county that the graffiti or other inscribed material is
18 obnoxioUll,'and, in the case of publicly owned property,
19 only after securing the consent of the public entity
00 having jurisdiction over the property, and in the case of
21 privately owned property, only, after securing the
22 consent of the owner or possessor.
23 ,The law enforcement agency with primary jurisdiction
24 in a city, county, or city and county which enacts an
2S ordinance pursuant to this section. 'may promulgate
26, procedures for preremoval preservation of sufficient
27 evidence of the graffiti or other inscribed material for
28, criminal prosecutions or proceedings pursuant to Section
29 602 of the Welfare and Institutions Code pertaining to the
30 person or persons who iIw:ribed the graffiti or other
31 material. These procedures shall be followed by the city,
32 county, or city and county prior to or during removal of
33 graffiti ot other inscribed material. '
34 As WJed in this section, "graffiti or' other inscribed
as material" includes any unauthorized inscription, word,
36 figure, mark, or design that is written, marked, etched,
37 tcratched, ,drawn, or painted on any real or personal
38 property.
39, This section does not preclude the abatement of graffiti
40 or other inscribed material as' a nuisance pursuant to
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SB .1'779
1 Section 25845 or 38773.5, or the enacbnent or
2 enforcement of any criminal law with respect to
3 nuisance.
4 SEC. 3. Section 594 of the Penal Code is amended to
5 read:
,,6 594. (a) Every person who maliciously commits analy
7 of the following acts with respect to any real or person
8 property not his or her own. in cases other than those
. ,9 specified by state law. is guilty of vandalism:
10. (1) Defaces with graffiti or other inscribed material.
11 (2) Damages. '. .
12 . . (3) Destroys.
13 .' Whenevera person violates paragraph (1) with respect
14 to real property belonging to any public entity. as dE;fined
15 by Section 811.2 of the Government Code~ or real
16 property belonging to the federal government. It shall be
17 a pennissive inference that the person neither owned the
18 property nor had the permission of the owner to deface.
19 damage. or destroy the property.
00 (b) (1) If the amount of defacement. damage. or
21 destruction is fifty thousand dollars ($50.000) or more.
22 vandalism is punishable by imprisonment in the state
23 prison or in a county jail not exceeding one year. 'or by a
24 fine of not more than fifty thousand dollars ($50.000). or
25 by both that fine and imprisonment.
26 (2) If the amount of defacement.' damage. or
. 'Z1 destruction is five thousand dollars ($5.000) or more but.
28 less than fifty thousand dollars ($50.000). vandalism is
29 punishable by imprisonment in the state prison. or in a
30 county jail not exceeding one year. or by a fine of not
31 more than ten thousand dollars ($10.000). or by both that
32 fine and imprisonment.
33 (3) If the amount of defacement. damage. or
34 destruction is four hundred dollars ($400) or more but
35 less than five thousand dollars ($5.000). vandalism is
36 punishable by imprisonment in a county jail not
37 exceeding one year. or by a fine of five thousand dollars
38 ($5.000). or by both that fine and imprisonment.
39 (4) If the amount of defacement. damage, or
40 destruction is less than four hundred dollars ($400).
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1 vandalism is punishable by imprisonment in a county jail
2 for not more than six months. or by a fine of not more
3 than one thousand dollars ($1.000). or by both that fine
4 and imprisonment. .
5 (c) Upon conviction of any person under this section
6 for acts of vandalism consisting of defacing property with
7 graffiti or other inscribed materials. the court may. in
8 addition to any punishment imposed under subdivision
9 (b). at the victim's option. order the defendant to clean
10 up. repair. or replace the damaged property himself or
11 herself, or to pay for someone else to do so.
12 (d) If a minor is personally unable to pay a fine levied
13 for acts prohibited by this section. the parent of that
14 minor shall be liable for payment of the fine. A court may
15 waive payment of the fine or any part thereof by the
16 parent upon a finding of good cause.
17 (e) As used in this section. the term "graffiti or other
18 inscribed material" Includes any unauthorized
19 inscription. word. figure. mark. or design that is written.
20 marked. etched. scratched. drawn. or painted on real or
21 personal property.
22 SEC. 4. Section 594.1 of the Per1al Code Is amended to
23 read:
24 594.1. (a) (1) It shall be unlawful for any person,
25 firm. or corporation. except a parent or legal guardian, to
26 sell or give or in any way furnish to another person. who
'Z1 is in fact under the age of 18 years. any graffiti implement
28 that is capable of defacing property without first
29 obtaining bona fide evidence of majority and identity.
30 (2) For purposes of this subdivision. "bona fide
31 evidence of majority and identity" is any document
32 evidencing the age and identity of an individual which
33 has been issued by a federal. state. or local governmental
34 entity, and includes, but Is not limited to. a motor vehicle
35 operator's license. a registration certificate issued under
36 the federal Selective Service Act, or an identification card
37 issued to a member of the armed forces.
38 (3) This subdivision shall not apply to the furnishing of
39 an aerosol paint container of six ounces or less. a large
. 40 marker pen. a paint stick. or an etching tool to a minor
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for the minor's use or possession under the supervision of 1 his or her hours of school attendance or employment.
1 2 (C) If the person has two prior convictions under this
2 the minor's parent, guardian, instructor, or employer. 3 subdivision, community service not to exceed 300 hours
3 (4) Aerosol container.s of paint or related su.b~tances 4 over a period not to exceed 240 days during a time other
4 may be furnished for use in school-related actiVities that 5 than during his or her hours of school attendance or
5 are part of the instructional program when used under 6 employment.
6 controlled and supervised situations within the classroom I 7 (e) (1) As used in this section, the term "graffiti
7 or on the site of a supervised project. These containers 8 implement" means any aerosol paint container, large
8 may not leave the supervised site and shall be inventoried 9 marker pen, paint stick, or etching tool.
9 by the instructor. This use shall comply with Section 10 (2) As used in this section, "aerosol paint container"
10 32060 of the Education Code regarding the safe use of 11 means any aerosol containvr regardless of the material
11 toxic art supplies in schools. 12 from which it is made, which is adapted or made for the
12 (b) It shall be unlawful for any person under the age 13 purpose of spraying paint or other substance capable of
13 of 18 years to purchase a graffiti implement that is 14 defacing property. .
14 capable of defacing property. 15 (3) As used in this section, "large marker pen" means
15 (c) Every retailer selling or offering for sale in this 16 any indelible marker or similar implement with a tip
16 state graffiti implements capable of defacing property 17 which, at its broadest-width, is greater than one-fourth of
17 shall post in a conspicuous place a sign in letters at least 18 one inch, containing anything other than a solution which cr:-
18 three-eighths of an inch high stating: "Any person who 19 can be removed with water after it dries.
19 maliciously defaces real or personal property is guilty of 20 (4) As used in this section, "paint stick" means any ~
20 vandalism which is punishable by a fine, imprisonment, 21 device containing a solid form of paint, chalk, wax, epoxy,
21 or both." 22 or other similar substance capable of being applied to a <c.
22 (d) (1) It shall be unlawful for any person to possess 23 surface by pressure, and upon application, leaving a mark \r..
23 a graffiti implement while in or on any public or private 24 at least one-fourth of one inch in width, visible from a
24 property without the permission of the owner or 25 distance of 20 feet, and not water soluble. ~
25 possessor of the property. This subdivision does not 26 (5) As used in this section, "etching tool" means any
26 prohibit possession of a graffiti implement by a person 27 tool designed for the purpose of scarring or inscribing
27 over the age of 18 years when in a moving vehicle with 28 glass, metal, concrete, or wood.
28 the permission of the vehicle's owner or possessor, on a 29 (f) Violation of any provision of this section is a
29 public highway, street, or alley. 30 misdemeanor.
30 (2) As a condition of probation for any violation of this 31 SEC. 5. Section 594.15 is added to the Penal Code, to
31 subdivision, the court may order a defendant convicted 32 read:
32 of a violation of this subdivision to perform community . 33 594.15. (a) Every person or entity that sells aerosol
33 service as follows: 34 paint containers, large marker pens, paint sticks, or
34 (A) For a first conviction under this subdivision, 35 etching tools shall store or cause such items to be stored
35 community service not fo exceed 100 hours over a period 36 tit !tit __ wmeh .-,. he lie Mthle e,. tfte ptthlie, htH
36 not to exceed 90 days during a time other than during his . 37 v. mllh is ~ aeee_Ie M tfte ptthlie tit tfte regttlBl' e8t1PSe
37 or her hours of school attendance or employment. 38 M lruMft688 v.;ithetlt 8lftpleyee BMishmee, peB8tBg ~ ,
38 (B) If the person has a prior conviction under this 39 pending sale or disposition, in an' area viewable from a
39 subdivision, community service not to exceed 200 hours G 40 cash register or other workstation at which at least one
40 over a period of 180 days during a time other than during
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1 person is stationed, or shall use antitheft devices.
~ Violation of this section is an infraction punishable by a
3 fine not to exceed two hundred fifty dollars ($250).
4 (b) The following terms used in this section shall have
5 the meaning herein set forth:
6 (1) "Aerosol paint container" means any aerosol
7 container regardless "r the material from which it is
8 made, which is adapted or made for the purpose of
9 spraying paint or other substance capable of defacing
10 property.
11 (2) "Antitheft device" means a device placed at all
12 entrances and exits through which members of the public
13 pass that makes a noise audible For at least 50 Feet when
14 merchandise that bas not been purchased is passed
15 through it. .
16 (3) "Large marker pen" means any indelible marker
17 or other similar implement with a tip which, at its
18 broadest width, is greater than one-fourth of one inch,
19 containing anything other than a solution which can be
00 removed with water after it dries.
21 13T
22 (4) "Paint stick" means any device containing a solid
23 form of paint, chalk, wax, epoxy, or other similar
24 substance capable of being applied to a surface by
25 . pressure, and upon application, leaving a mark at least
26 . one-fourth of one inch in width, visible from a distance of
'r1 2D feet, and not water soluble.
28 . tIT
29 (5) "Etching tool" means any tool or material
30 designed for the purpose of scarring or inscribing glass,
31 metal, concrete, or wood, including etching creams.
32 (c) Nothing in this section shall invalidate, limit, or
33 modify an ordinance oF, nor be construed to prohibit the
34 . adoption of an ordinance by, a city, county, or city and
35 county, if that ordinance imposes restrictions on the
36 display of aerosol paint containers, large marker pens,
37 paint sticks, or etching tools.
38 SEC. 6. Section 594.4 of the Penal Code is amended to
39 read:
40 594.4. (a) Any person who willfully and maliciously
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injects into or throws uIJOn, or otherwise defaces,
damages, destroys, or contaminates, any structure with
butyric acid, or any other similar noxious or caustic
chemical or substance, is guilty of a public offense,
punishable by imprisonment in the state prison or in a
county jail, by a fine as specified in subdivision (b), or by
both that imprisonment and fine.
(b) (1) If the amount of the defacement, damage,
destruction, or contamination is fifty thousand dollars
($50,000) or more, by a fine of not more than fifty
thousand dollars ($50,000).
(2) If the amount of the defacement, damage,
destruction, or contamination is five thousand dollars
($5,000) or more, but less than fifty thousand dollars
($50,000), by a fine of not more than ten thousand dollars
($10,000) .
. (3) If the amount of defacement, damage, destruction,
or contamination is four hundred dollars ($400) or more,
but less than five thousand dollars ($5,000), by a fine of
not more than five thousand dollars ($5,000).
(4) If the amount of the defacement, damage,
destruction, or contamination is less than four hundred
dollars ($400), by a fine of not more than four hundred
dollars ($400).
(c) For purposes of this section, "structure" includes
any house or other building being used at the time of the
. offense for a dwelling or. for commercial purposes.
SEC. 7. Section 594.6 of the Penal Code is amended to
read:
594.6. Every person who, having been convicted
previously of vandalism or affixing graffiti or other
inscribed material under Sectioh 594, 594.3, 594.4, 640.5,
640.6, or 640.7, or any combination of these offenses, on
two separate occasions, and having been incarcerated
pursuant to a sentence, a conditional sentence, or a grant
of probation for at least one of the convictions, is
subsequently convicted of vandalism under Section 594,
may be ordered by the court as a condition of probation
to perform community service not to exceed 300 hours
over a period not to exceed 240 days during a time other
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1 person is stationed, or shall use antitheft devices.
~ Violation of this section is an infraction punishable by a
3 fine not to exceed two hundred fifty dollars ($250).
4 (b) The following terms used in this section shall have
5 the meaning herein set forth:
6 (1) "Aerosol paint container" means any aerosol
7 container regardless dT the material from which it is
8 made, which is adapted or made for the purpose of
9 spraying paint or other substance capable of defacing
10 property.
11 (2) "Antitheft device" means a device placed at all
12 entrances and exits through which members of the public
13 pass that makes a noise audible for at least 50 feet when
14 merchandise that bas not been purchased is passed
15 through it.
16 (3) "Large marker pen" means any indelible marker
17 or other similar implement with a tip which, at its
18 broadest width, is greater than one-fourth of one inch,
19 containing anything other than a solution which can be
20 removed with water after it dries.
21 -(3T
22 (4) "Paint stick" means any device containing a solid
23 form of paint, chalk, wax, epoxy, or other similar
24 substance capable of being applied to a surface by
25 . pressure, and upon application, leaving a mark at least
26 . one-fourth of one inch in width, visible from a distance of
Z1 2D feet, and not water soluble.
28 . fit
29 (5) "Etching tool" means any tool or material
30 designed for the purpose of scarring or inscribing glass,
31 metal, concrete, or wood, including etching creams.
32 (c) Nothing in this section shall invalidate, limit, or
33 modify an ordinance of, nor be construed to prohibit the
34 . adoption of an ordinance by, a city, county, or city and
35 county, if that ordinance imposes restrictions on the
36 display of aerosol paint containers, large marker pens,
37 paint sticks, or etching tools. .
38 SEC. 6. Section 594.4 of the Penal Code is amended to
39 read:
40 594.4. (a) Any person who willfully and maliciously
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injects into or throws upon, or otherwise defaces,
damages, destroys, or contaminates, any structure with
butyric acid, or any other similar noxious or caustic
chemical or substance, is guilty of a public offense,
punishable by imprisonment in the state prison or in a
county jail, by a fine as specified in subdivision (b), or by
both that imprisonment and fine.
(b) (1) If the amount of the defacement, damage,
destruction, or contamination is fifty thousand dollars
($50,000) or more, by a fine of not more than fifty
thousand dollars ($50,000).
(2) If the amount of the defacement, damage,
destruction, or contamination is five thousand dollars
($5,000) or more, but less than fifty thousand dollars
($50,000), by a fine of not more than ten thousand dollars
($10,000) .
(3) If the amount of defacement, damage, destruction,
or contamination is four hundred dollars ($400) or more,
but less than five thousand dollars ($5,000), by a fine of
not more than five thousand dollars ($5,000).
(4) If the amount of the defacement, damage,
destruction, or contamination is less than four hundred
dollars ($400), by a fine of not more than four hundred
dollars ($400).
(c) For purposes of this section, "structure" includes
any house or other building being used at the time of the
. offense for a dwelling or. for commercial purposes.
SEC. 7. Section 594.6 of the Penal Code is amended to
read:
594.6. Every person who, having been convicted
previously of vandalism or affixing graffiti or other
inscribed material under Sectiob 594, 594.3, 594.4, 640.5,
640.6, or 640.7, or any combination of these offenses, on
two separate occasions, and having been incarcerated
pursuant to a sentence, a conditional sentence, or a grant
of probation for at least one of the convictions, is
subsequently convicted of vandalism under Section 594,
may be ordered by the court as a condition of probation
to perform community service not to exceed 300 hours
over a period not to exceed 240 days during a time other
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1 than during his or her hours of school attendance or
2 employment.
3 SEC. 8. Section 594.7 of the Penal Code is amended to
4 read: .
~ ~94j7. Notwithstanding subdivision (b) of Section ~94,
.6 every person who, having been' convicted previously of
7 vandalism under Section 594 for maliciously defacing
8 with graffiti or other inscribed material any real or
9 . personal property not - his or her own on two separate
10 occasions and having been incarcerated pursuant to Il
11 sentence, a conditional sentence, or a grant of probation
12 for at least one of the convictions, is subsequently
13 convicted of vandalism under Section ~94, shall be
14. punished by Imprisonment in a county jail not exceeding
1~ one year, or in the state prison. . .
16 SEC. 9. . Section 640.~ of the Penal Code is amended to
17 read: .
18 640.~. (a) Any person who defaces with graffiti or
19 other inscribed material the interior or exterior of the
00 facilities or vehicles of a governmental entity, as defined
21 by Section 811.2 of the Government Code, or the interior
22 or - exterior. of the facilities or vehicleS of a public
23 transportation system.as defined by Section 99211 of the
24 Public Utilities Code, or the interior or exterior of the
~ facilities of or vehicles operated by entities subsidized by
26 the Department of Transportation or the interior or
'Z1 exterior of any leased or rented facilities or vehicles for
28 which any of the above entities incur costs of less than
29 two hundred fifty dollars ($250) for cleanup, repair, or
30 . replacement is guilty of an Infraction, punishable by a
31 fine not to exceed five hundred dollars ($l5OO) and by a
32 minimum of 24 hours of community service for a total
33 time not to exceed 100 hours over a period not to exceed .
34 90 days,_ during a time other than during his or her hours
~ of school attendance or employment. This subdivision
36 does not preclude application of Section 594.'
37 (b) If the person has been convicted previously of an
38 infraction under subdivision (a) or has a prior conviction
39 of Section 594, ~94.3, 594.4, 640.6, or 640.7, the offense is
40 a misdemeanor, punishable by Imprisonment in a county
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1 jail not to exceed six months, by a fine not to exceed one
2 thousand dollars ($1,000), or by both that Imprisonment
3 and fine. As a condition of probation, the court shall order
4 the defendant to perform a minimum of 48 hours of
~ community service not to exceed 200 hours over a period
6 not to exceed 180 <<Jays during a time other than during
7 ,his or her hours of school attendance or employment.
8 (c) Every person who, having been convicted
9 previously under this section or Section ~94, 594.3, Ii94.5
10 694.4,640.6, or 640.7, or any combination of these offenses,
11 on two separate occasions, and having been incarcerated
12 pursuant to a sentence, a conditional sentence, or a grant
13 of probation for at least one of the convictions, is
14 subsequently convicted under this section, shall be
1~ punished by Imprisonment in a county jail not to exceed
16 . one year. As a condition of probation, the court may order
17 the defendant to perform community service not to
18 exceed 300 hours over a period not to exceed 240 days
19 during a time other than during his or her hours of school
20. attendance or employment.
21 (d) (1) Upon conviction of any person under
22 subdivision (a), the court, in addition to any punishment
23 imposed pursuant to subdivision (a), (b), or (c), at the
24 victim's option, may order the defendant to perform the
25 necessary labor to clean up, repair, or replace the
26. property damaged by that person. .
Z1 (2) . If a minor is personally unable to pay any fine
28 levied for violating subdivision (a), (b), or (c), the parent
29 or legal guardian of the minor shall be liable for payment
30 of the fine. A court may waive payment of the fine or any
31 .part thereof by the parent or legal guardian upon a
32 finding of good cause.
(t 33 (e) Any fine levied for a violation of subdivision (a),
34 , (b), or (c) shall be credited by the county treasurer
M pursuant to Section 1463.29 to the governmental entity
36 having jurisdiction over, or responsibility for, the facility
37 or vehicle involved, to be used for removal of the graffiti
38 or other inscribed material or replacement or repair of
39 the property defaced by the graffiti or other inscribed
(9 40 material. Before crediting these fines to the appropriate
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1 governmental entity, the county may determine the
2 administrative costs it has incurred pursuant to this
3 section, and retain an amount equal to those costs.
4 Any community service which is required pursuant to
,5 subdivision (a), (b), or (c) of a person under the age of
6 18 years may be performed in th~ presence, and under
7 the direct supervision; of the person's parent or legal
8 guardian.
9 (f) 1u used in this section, the term "graffiti or other
10 inscribed material" includes any unauthorized
11 inscription, word, figure, mark, or design that is written,
12 marked, etched, scratched, drawn, or painted on real or
13 personal property.
14 SEC. 10. Section 640.6 of the Penal Code is amended
15 to read:
16. 640.6. (a) Except as provided in Section 640.5, any
17 person who defaces with graffiti or other inscribed
18 material any real or personal property not his or her own,
19 when the amoWlt of the defacement, damage, or
00 destruction is less than two hundred fifty dollars ($250),
21 is guilty of an infraction, punishable by a fine not to
22 exceed five hundred dollars ($500). This subdivision does
23 not preclude application of Section 594.
24 In addition to the penalty set forth in this section, the
25 court shall order the defendant to perform a minimum of
26 24 hours of community service not to exceed 100 hours
'Z1 over a period not to exceed 90 days during a time other
28 than during his or her hours of school attendance or
29 employment.
30 (b) If the person has been convicted previously of an
31 infraction under subdivision (a) or has a prior conviction
32 of Section 594, 594.3,594.4,640.5, or 640.7, the offense is
33 a misdemeanor, punishable by not to exceed six months
34 in a county jail, by a fine not to exceed one thousand
35 dollars ($1,000), or by both that imprisonment and fine.
36 As a condition of probation, the court shall order the
37 defendant to perform a minimum of 48 hours of
38 community service not to exceed 000 hours over a period
39 not to exceed 180 days during a time other than during
40 his or her hours of school attendance or employment.
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5B 1779
(c) Every person who, having been convicted
previously under this section or Section 594, 594.3, 594.4,
640.5, or 640.7, or any combination of these offenses, on
two separate occasions, and having been incarcerated
pursuant to a sentence, a conditional sentence or a grant
of probation for at least one of the con~ctions is
subsequently convicted under this section, shall' be
punished by imprisonment in a county jail not to exceed
one year. 1u a condition of probation, the court may order
the defendant to perform community service not to
exceed 300 hours over a period not to exceed 240 days
during a time other than during his or her hours of school
attendance or employment. .
. (d) Upon conviction of any person under subdivision
(a), the court, in addition to any punishment imposed
pursuant to subdivision (a), (b), or (c), at the victim's
option, may order the defendant to perform the
necessary labor to clean up, repair, or replace the
property damaged by that person. .
(e) If a minor is personally unable to pay BnY fine
levied for violating subdivision (a), (b), or (c),theparent
or legal guardian of the minor shall be liable for payment
. of the fine. A court may waive payment of the fine or any
part thereof by the parent or legal guardian upon a
finding of good cause.; . . ,
Any community service , which is required pursuant to
subdivision (a), (b), or (c) ofa person under the age of
18 years may be performed in the presence, and Wlder
the ~ect supervision, of the person's parent or legal
guardian.
. (f) As used in this section, the term "graffiti or other
inscribed material" includes any unauthorized
inscription, word, figure, mark, or design that is written,
marked, etched, scratched, drawn, or painted on real or
personal property. . .
SEe. 11.. Section 836.1 is added to the Penal Code, to
read: .'
836.1. Notwithstanding any ~ther provision of law, a
peace officer may arrest a person pursuant to the
authority granted to him or her by Chapter 4.5
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SB 1779
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1 (commencing with Section 830) of this title, without a
2 warrant, whenever either of the following circumstances
3 occurs:
4 (a) The person to be arrested has violated Section 594,
5 394.3,594.4,640.3,640.6, or 640.7, whether or not in the
6 officer's presence.
7 (b) The officer has reasonable cause, based on
8 corroborating testimony by an eye witness, to believe
9 that the person to be arrested has violated Section 594,
10 594.3, 594.4,640.3, 640.6, or 640.7, whether or not that
11 violation, in fact, has been committed.
12 SEC. 12. Section 13002.6 of the Vehicle Code is
13 amended to read:
14 13202.6. (a) (1) For eeeh every conviction of a
15 person for ~ eflaMe lIpeeiJietl Ht slIhtli M8Il -tdh
16 eeHUBiM;ed while a violation of Section 594, 594.3, or 594.4
17 of the Penal Code, committed while the person was 13
18 years of age or older, the court may suspend the person's
19 driving privilege for one year. H the person convicted
20 does not yet have the privilege to drive, the court may
21 order the department to delay issuing the privilege to
22 drive for one year subsequent to the time the person
23 becomes legally eligible to drive. However, if there is no
24 further conviction for ~ e9'eme lIpeeifted Ht
25 etli-,w8B ~ violating Section 594, 594.3, or 594.4 of the
26 Penal Code in a 12-month period after the conviction, the
'Z1 court, upon petition of the person affected, may modify
28 the order imposing the delay of the privilege. For each
29 successive offense, the court shall suspend the person's
30 driving privilege for those possessing a license or delay
31 the eligibility for those not in possession of a license at the
32 time of their conviction for one additional year.
33 (2) Any person whose driving privilege is suspended
34 or delayed for an act involving vandalism in violation of
35 Section 594, 594.3, or 594.4 of the Penal Code, may elect
36 to reduce the period of suspension or delay imposed by
37 the court by performing community service under the
38 supervision of the probation department. The period of
39 suspension or delay ordered under paragraph (1) shall be
40 reduced at the rate of one day for each hour of
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1 community service performed. For purposes of this
2 paragraph, "community service" means cleaning up
3 graffiti from any public property, including public transit
4 vehicles.
5 (3) As used in this section, the term "conviction"
6 includes the findings in juvenile proceedings specified in
7 Section 13105.
8 (b) (1) Whenever the court suspends driving
9 privileges pursuant to subdivision (a), the court in which
10 the conviction is had shall require all drivers' licenses
11 held by the person to be surrendered to the court. The
12 court shall, within 10 days following the conviction,
13 transmit a certified abstract of the conviction, together
14 with any drivers' licenses surrendered, to the
15 department.
16 (2) Violations of restrictions imposed pursuant to this
17 section are subject to Section 14603.
18 (c) When the court is considering suspending or
19 delaying driving privileges pursuant to subdivision (a),
20 the court shall consider if a personal or family hardship
21' exists that requires the person to have a driver's license
22 for his or her own, or a member of his or her family's,
23 employment or medically related purposes.
24 (d) The suspension, restriction, or delay of driving
25 privileges pursuant to this section shall be in addition to.
26 any penalty imposed upon conviction of any violation
27 lIpeeified Ht pat'/l!I'aph ~ M lIlIhtli\ i8i81l ~ of Section
28 594, 594.3, or 594.4 of the Penal Code.
29 SEC. 13. Section 728 of the Welfare and Institutions
30 Code is repealed. .
31 SEC. 14. Article 18.5 (commencing with Section 743)
32 is added to Chapter 2 of Part 1 of Division 2 of the Welfare
33 and Institutions Code, to re:ld:
34
35 . Article 18.3. Graffiti Removal and Damage Recovery
36 Program
37
38 743. It is the intent of the Legislature in enacting this
39 article to accomplish the following purposes:
40 (a) To assist public and private owners and possessors
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,1 . ,of property defaced by minors with graffiti or other
2 , inscribed material to recover their full damages.
. 3. .(b). To safeguard the fiscal integrity of cities and
.. counties that expend public funds to remove graffiti and
! 5 ,other material inscribed by minors from public or private
,fi . property. .or. to repair' or replace public or private
7 ,property defaced by .minors with graffiti or other
,~. insc~ material, by enabling those cities and counties
,9 to recoup the full costs. of that removal, repair, and
10, ,replacement.. , ' , " .
11,:" (c) To. safeguard the fiscal integrity of cities and
12, ,CQunties by, enabling,. them to recoup the law
1~ " enforcement costs' of. identifying and apprehending
14:, minors who deface the property of others with graffiti or
15 other inscribed material. . . ,
16 L,,(d):;To,rninimi7.f' the costs of collecting those costs and
17 dAmlllges.. "",.,'
18 " .(e) Tp discourage the inscription of graffiti and other
19. material by minors by requiring the offending minors,
20, ,and their parents who have the financial ability to do so,
21 . , to bear the costs associated with the unlawful defacement
22 , of property with graffiti or other inscribed material.
23. ,(f) To retain, in the juvenile court the discretion
,24oeededto ~mplishthe goal ofrehabilitating minors.
25 '. ]U.". (a) As. used in this article, the term "graffiti or
26 ,OlDer .inscribed material" includes any unauthorized
27 inscription, word, figure, mark, or design that is written,
~. marked, etched, scratched, drawn, or painted on real or
29.personal property.
3/) ".(b) As used in subdivision (d) ofSection746,theword
31. . ..custody" means either legal custody or physical custody
32 of, a minor., .,. '. ' ..., .'
33 ' . 745. (a) A city, county, or city and county may elect,
~. by ordinance,to have the probation officer of the county
~. recoupfo~,it. through juvenile court proceedings in
36 accordance with ,Section 746, its costs associated with
37 . defacement by minors of its property and the property of
38. others by graffiti or other inscribed material. That
39:, ordinance, shall include the cost finding or findings
40, .~ed iIl.subdivision(b). and if the city, county, or city
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1 ,other inscribed material, and of repairing and replacing
2 ' property of the types frequently defaced with graffiti or
3 other inscribed material that cannot be removed cost
,4 effectively. A city, county, or city and county that does
,!5, not adopt an ordinance pursuant to subdivision (a) may
, I) I adopt, an ordinance 'containihg the cost findings
,7' ,described in this subdiviSion. Findings of costs per unit of
8 ,measure may include I but are not limited to, findings of
,9 , the costs per square inch of removing painted graffiti or
10 of the costs per item of replA('il\g items that have been
11 etched.", , ." ',,' ,., .
12 (d) A school district, district, or other local public
13 I agency may elect, by formal action of its governing body,
14 to have the probation officer of the county recoup for it;
15. through. juvenile court, proceedings in accordance with
16~tion 746, its costs associated with the defacement by
17. .mmors of property it owns or possesses by graffiti or other
18 inscribed material. Upon election, the school district
19 district, or other local public agency shall make the cort
~ findings described in subdivision ,(c). These cost findings
21 ~ be. reviewed at least once every three years, at
22 which time the school district, district, or other local
23 public agency, by formal action of its governing body,
24 I shall adopt updated cost findings in accordance with
25 ~subdivision (c). A school district, district, or other local
26. public agency may rescind, by resolution, its election to
rzr have the probation officer recoup its costs pursuant to
28 this section.. Immediately, after making the election
29 described, in this subdivision and adopting initial or
30 ,updated cost findings, and immediately after rescinding
31 said election, the school district, district, or other local
32, public agency shall caUBe a certified copy of a document
33,' memorializing the election; rescission, or cost findings to
34 be forwarded to the clerk of the juvenile court in the
35, county ~d. to the .probation officer of the county. A
36 school district, district, or other local public agency that
37 ,~oes not elect to have the probation officer of the county
38 recoup i~ costs p~~t to Section 746 may adopt the
39 . cost findings descnbed m this subdivision. ' ' ,
40 ;' ,(e) A city. county, o~ city and county that has elected'
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1 to have the probation officer of the county recoup its
2 costs pursuant to Section 746 shall transmit to the
3 probation officer, forthwith, data about its expenditure of
4 resources in identifying and apprehending any minor
5 ,about whom a petition is filed alleging that the minor is
,6 a person deacribed by Section 602 by reason of the
,7 commission of an act prohibited by Section 594, 594.3,
8 594.4, 640.5, 640.6, or 640.7 of the Penal Code. That data
9 shall be sufficient to enable the probation officer and the
10 juvenile court to calculate the costs to the city, county, or
11 city and county in identifying and apprehending the
12 minor. ' " "
13 ,(f) A city, county,or otter public agency that' has
14 elected to have the probation officer of the eounty
15 recoup its costs pursuant to Section 746 and that has made
16 cost findings pursuant to subdivisions (c) or (d) shall
17 transmit to the probation officer, forthwith, data about its
18 expenditure of resources to remove graffiti' or other
19 material inscribed by, or to repair or replace property
~, defaced by, any minor about whom a petition is filed
21 alleging that the minor is a person described by Section
22 602 by reason of the commission of an act prohibited by
. 23 Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal
24 Code. That data shall be sufficient' to enable the'
25 ' probation officer and the juvenile court to calculate the
26 costs to the cityl county, or other local agency for that,
rzr removal, repair, or replacement. ' 'p
28 (g) The probation officer of a eounty may establish.
29 procedures for collecting the data d~bed in
30 subdivision (e) and (f). These procedures may mclude a
31 provision that the juvenile eourt may not award and the
32 probation officer may refuse to collect costs described in
33 this section unless the data required to be provided to the
34 probation officer pursuant to subdivisions (e) 'and (f) is
35 provided to him or her within a time certain after he or
36 she makes a demand therefor.". .
37 " 746.' (a) If a minor is found to bea person described
38 in Section 602 by reason of the commission of an act
39 prohibited by Section 594, 594.3, 594.4, 640.5, 640.6 or 640.7
40 ,of the Penal Code, and the court does not remove the
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1 minor. from the physical custody of the parent or
2 guardian~ the ~ourt as a condition of probation, except in
3. any case m which the court makes a finding and states on
4 ~e recor~ its reasons why that condition would be
: map~ropnate, shall require the minor to wash, paint,
repalJ', or replace ~e property defaced, damaged, or
7 destroyed ~y the rmnor or otherwise pay restitution to
8 the probation officer of the county for disbursement to
9 the o~er .or possessor of the property or both. 10 any
10 ~ m whic~ th,e minor is not granted probation or in
11. which the mmor s cleanup, repair, or replacement of the
12 prope~ will not return the property to its condition
13 before It was defaced, damaged, or destroyed, the court
14 shall make a finding of the amount of restitution that
13. would be required to fully compensate the owner and
16 possessor of the property for their damages. The court
17 ~ or~er the minor or the minor's estate to pay that
18 . r~stitution to the probation officer of the county for
19 disbursement to the owner or possessor of the property
20 or bc:'th. to the extent the court determines that the minor
21 ?r his ~tate have the ability to do so, except in any case
22 m whi~ the court makes a finding and states on the
23 ~rd I~ reasons' why full restitution would be
24 ~pprop~te.. If full restitution is found to be
25 mappropnat~, the court,. shall require the minor to
26 ~o~ specified community service, except in any case
27 m whic~ the court makes a finding and states on the
28 ~rd I~ reasons wh,. that condition would be
29 mappropnate. . .
30 . (b) If a minor is found to be a person described in
31 Section 602 by reason of the commission of an act
32 prohibited by Section 594 594.3 594 4 640 5 640 6
33 !>W.7.of the Penal Code, and the ~affiti ~r otb~r mai:~ri~
34 mscnbed by the minor has been removed or the
35 property defaced by the minor has been repaired or
36 repl~ed by a public entity that has elected, pursuant to
:n . Section .145, to have the probation officer of the county
38 r~p I~ costs through proceedings in accordance with
39. . tIJ.is secti~n. ~d has made cost findings in accordance
40 With subdiVISIOns (c) or (d) of Section 745, the court shall
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1 determine the total cost incurred by the public entity for
2 said removal, repair, or replacement, using, if applicable,
3 the cost findings most recently adopted by the public
4 entity pursuant to subdivision (c) or (d) of Section 745.
5 The court shall order the minor or the minor's estate to
6 pay those costs to the probation officer of the county to
7 the extent the court determines that the minor or the
8 minor's estate have the ability to do so.' .
9 (c) If the minor is found to be a person described in
10 Section 602 by reason of the commission of an act
11 prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or
12 640.7 of the Penal Code and the minor was identified or
13 apprehended by the law enforcement agency of a city or
14 county that has elected, pursuant to Section 745. to have
15 the probation officer of the county recoup its costs
16 through proceedings in accordance with this section, the
17 'court shall determine the cost of identifying or
18 apprehending the minor, or both, using, if applicable, the
19 cost findings adopted by the city or county pursuant to
20 subdivision (b) of Section 745. The court shall order the
21 minor or the minor's estate to pay those costs to the
22 probation officer of the county to the extent the court
23 determines that the minor or the minor's estate have the
24 ability to do so. .,.
25 (d) If the court determines that the minor or the
26 minor's estate is unable to pay in full the costs and
27 damages' determined pursuant to subdivisions (a), (b),
28 and (c), and if the minor's parent or parents have been
29 cited into coUTt pursuant to Section 747, the court shall
30 hold a hearing to determine the liability of the minor's
31 parent or parents pursuant to Section 1714.1 of the Civil
32 Code for those costs and damages. Except when the court
33 makes a finding setting forth unusual circumstances in
34 which parental liability would not serve the interests of
35 justice, the court shall order the minor's parent or parents
36 to pay those costs and damages to the probation officer of
37 the county to the extent the court determines that the
38 parent or parents have the ability to pay, if the minor was
39 in the custody or control of the parent or parents at the
40 time he or she committed the act that forms the basis for
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,1 the finding that the minor is a person described in Section . '. 1 person described'in Section 602.
2 602. In evaluating the parent's or parents' ability to pay, 2 (i) If the parent or parents after having been cited to
3 the court shall take into consideration the family income, 3 appear pursuant to Section 747, fail to appear as ordered,
4 the necessary obligations of the family, and the number 4 the court shall order the parent or parents to pay the full
5 of persons dependent upon this income. 5 amount of the costs and damages determined by the
,6 (e) The hearing described in subdivision (d) may be 6 court pursuant to subdivisions (a), (b), and (c). ,
7 held immediately following the disposition hearing or at . rt 7 U) Execution may be issued on an order issued by the
8 a later date, at the option of the court. 8 court pursuant to this section in the same manner as ~n
9 (f) If the amount of costs and damages sought to be 9 ajudgment in a civil action, including any balance unpwd
10 recovered in the hearing pursuant to subdivision (d) is '10 at the tennination of the court's jurisdiction over the
11 five thousand dollars ($5,000) or less, the parent or 11 minor.' ,
12 parents may not be represented by counsel and the 12 (k) At any time prior to the satisfaction of a)udgment
'13 probation officer of the county shall be represented by his 13 entered pursuant to this section, a person agBlDSt whom
14 or her nonattorney designee. The court shall conduct 14 the judgment was entered ~y petition the rende~g
15 such a hearing in accordance with Sections 116.510 and 15 urt to modify or vacate the Judgment on the showmg
16 116.520 of the Code of Civil Procedure. Notwithstanding , 16 ~ a change ~ circwnstances relating to his or her ability
17 the foregoing, if the court determines that a parent 17 to pay the judgment.
18 cannot properly present his or her defense, the court 18 ' (I) For purposes of a hearing conducted pursuant to \--
19 may, in its discretion, allow another individual to assist 19 subdivision (d), the judge of the juvenile court shall have ~
20 that parent. In addition, a husband or wife may appear . <t 20 ,the jurisdiction of a judge of the municipal court. . .
21 and participate in the hearing on behalf of his or her 21 (m) Nothing in this section shall be construed.t? limit
22 spouse if the representative's spouse has given his or her 22 .the authority of a juvenile court to provide conditions of ~
23 consent and the court determines that the interest of 23 probation. ,
24 justice would be served thereby. 24 (n) The options available to the court pursuant to ~
25 (g) If the amount of costs and damages sought to be . Ct 25 subdivisions (a), (b), (c), (d), and (k), to order payment
26 recovered In the hearing pursuant to subdivision (d) 26 by the minor and his or her parent or parents ofless than
CZT exceeds five thousand dollars ($5,000), the parent or CZT the full costs described in subdivisions (a), (b), and (c),
28 parents may be represented by counsel of his or her or 28 on grounds of financial inability or for reasons of justice,
29 their own choosing, and the probation officer of the 29 shall not be available to a municipal court in an ordinary
30 county shall be represented by the district attorney or an 30 civil proceeding pursuant to subdivision (b), of Section
31 attorney or nonattorney designee of the probation 31 1714.1 of the Civil Code, except that in any proceeding
32 , officer. The parent or parents shall not be entitled to 32 pursuanUo either subdivision (b) of Section 1714.1 of the
33 court-appointed counselor to counsel compensated at, . rlt 33 Civil Code or this section, the maximum amount that a
34 public expense. ' \! 34 parent or a minor may be ordered to pay shall not exceed
35 (h) At the hearing conducted pursuant to subdivision 35 twenty thousand dollars ($20,000) for each tort of the
36 (d) , there shall be a presumption affecting the burden of 36 minor.
37 proof that the findings of the court made pursuant to 37 747. (a) If the petition alleges that the minor is the
38 subdivisions (a),' (b), and (c) represent the actual 38 person described by Sect:,io~ 602 by r.eason of the
39 damages and costs attributable to the act of the minor 39 commission of an act prohibited by Section 594, 594,3,
40 that forms the basis of the finding that the minor is a . (j 40 594.4, 640.5, 640.6, or 640.7 of the Penal Code, the court,
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1 in ad~tion to th~ n?tice provided in Sections 658 and 659, . ·
2 shall ~ssue. a Cl~ation to the minor's parent or legal
3 ~ardian, ordenng them to appear in the court at the
4 time and date stated for a hearing pursuant to subdivision
5 (d) of Section 746.
6. (b). The citation shall notify the parent or legal
7 guardian that at the hearing, he, she, or they may be . .
8 ordered to pay restitution sufficient to fully compensate
9 th~ owner and possessor of the property defaced by the
10' mmor for the damage caused by that defacement the law
11 e~rce~ent ~osts of identifying and apprehending the
12 nunor, if applicable, and the costs incurred by a public
13 entity to remove graffiti or other material inscribed by
11~ ' the min~r, or .to re~air or replace the property defaced
~ by the.mmor, if ap?licable..The citation shall set forth the
16 provisions of Section 746 and shall advise the parent or
17 parents that he, she, or they may be ordered to pay an
18 amount not exceeding twenty thousand dollars ($20 (00)
19' for the abo~e-referenced damages and costs. The cit~tion
21/D1 shall contam a. warning to the parent or parents that if he, .. .
she, or ~ey fail to.appear at the time and date stated, the
22 court will order him, her, or them to pay in full the costs
23 and damages caused by the act of the minor.
24 (c) Service of the citation shall be made on all parents . .
25 . or legal guardians of the minor whose names and
26 addresses are known to the petitioner.
CZ1 (d) ~rvice of the. citation shall be made at least 10
~ days pnor t~ the time and date stated therein for
29 a~ance, lit the manner provided by law for the
3301 seTVl~?f a summons in a civil action, other than by
publication. " ,
32 . 748. Any moneys collected by the probation officer of
33 the ~ounty pursuant to an order rendered pursuant to . .
34 SectiO? 746 shall be distributed by the county to the
35 followmg persons and entities in the following priority'
36 (a) Restitution to the owner and possessor of th~
37 property defaced by the minor, in the amount
38 determmed by the court.
39 (b) After. ~e restitution described in subdivision (a)
40 has been paid lit full, or if restitution was not ordered, the. .
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00
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215
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315
costs of removing graffiti or other material inscribed by
the minor and of repairing or replacing property defaced
by the minor, to the city, county, or other local public
agency that incurred those costs, except that the county
may deduct and retain 13 percent of the amount
collected for the removal, repair, or replacement,costs, or
an amount equivalent to its actual costs of collection,
whichever is less.
(c) After the costs and damages described in
subdivisions (a) and (b) have been paid in full,orifthere
are no costs or damages, the law enforcement costs of
identifying and apprehending the minor, to the city or
county that incurred those costs, except that the county
may deduct and retain 13 percent of the amount
collected for those law enforcement costs, or an amount
equivalent to its actual costs of collection. whichever is
less.
749. If any provision or clause of this article or the
application thereof to any person or circumstances is held
invalid, the invalidity shall not affect other provisions or
applications of this article which can be given effect
'without the invalid provision or application, and to this
end the provisions of this article are severable.
SEC. 13. No reimbursement is required by this act
pursuant to Section 6 of Article XIIl B of the California
Constitution because the only costs which may be
incurred by a local agency or school district will be
incurred because this act creates a new crime or
infraction, changes the definition of a crime or infraction,
changes the penalty for a crime or infraction, or
eliminates a crime or infraction. Notwithstanding Section
17580 of the Government Code, unless otherwise
specified in this act, the provisions of this act shall become
operative on the same date that the act takes effect
pursuant to the California Constitution.
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