HomeMy WebLinkAboutAgenda Packet 1991/07/09
Tuesday, July 9, 1991
6:00 p.m.
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Council Chambers
Public Services Building
Resmlar MeetinS?: of the City of Chula Vista City Council
CALLED TO ORDER
1. CAlL THE ROll: Councilmembers Malcolm _, Moore ~ Rindone ~ and Mayor Nader _'
2. PLEDGE OF AlLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: May 21, June 5, June 8, June 10, and June 22, 1991.
4. SPECIAL ORDERS OF THE DAY:
a. Proclaiming the month of July as "Parks and Recreation Month" - Proclamation will be
presented to Jess Valenzuela, Director of Parks and Recreation.
b. Recognition of Foreign ExChange Students from Irapuato, Mexico - Certificates of
Recognition will be presented to: Carlos Pacheco Tirado, Orlando Hernandez, Rose A.
Ramirez Ochoa, Francisco Mosqueda Gallogos, Salvador Carillo Cueva, and Adriana Cortes
J., Coordinator.
c. Proclamation commending E.R. Asmus upon his retirement from the City of Chula Vista.
CONSENT CALENDAR
The staff recommendations regarding the following items lisml undo the Consent Ca1erular will be enacted by the
Council by one motion without discussion unless a CounciJmember, a member of the publU: or City staff requests
that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to
Speak Form" available in the lobby and submit it to the City Cleric prior to the meeting. (Complete the green form
to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff
recommendation.) Items pulled from the Consent Calendar will be discussed after PubliJ; Hearings and Oral
CommuniJ:ations. Items pulled by the publiJ; will be the Just items of business.
5. WRITrEN COMMUNlCATIONS:
a. Letter of Resignation from the International Friendship Commission - Susan Martin.
b. Letter of Resignation from the Child Care Commission - Jeanne R. Arnold.
c. Letter requesting the closure of 1/10 of a mile of Otay Lakes Road on Saturday, September
28,1991 from 7:00 a.m. to 5:30 p.m. for Bonitafest - Molly Cavanaugh, Chairwoman, and
T. Pat Cavanaugh, Vice President, Bonita Business and Professional Association, Post Office
Box 284, Bonita, California.
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July 9, 1991
d. Letter requesting support of proposal to operate the new youth facility being constructed
on the Chula Vista High School campus - Benjamin Richardson, President, Boys and Girls
Club of Chula Vista, 1301 Oleander Avenue, Chula Vista, California.
e. Letter requesting waiver of license requirements for the Tiffany PTA Fair on November 16,
1991 - Claudie D. Gardinier, Craft Fair Chair, Burton C. Tiffany Elementary School.
f. Letter requesting waiver of Design Review fees for the New Worship Center - John T.
Siguruson, Project Architect for the Risen Savior Lutheran Church.
g. Petition requesting the installation of a stop sign on Country VlStas Drive at the intersection
of Crestview Drive, in Bonita Long Canyon (northern comer) - Submitted by Dr. and Mrs.
Robert Baker, 1481 Rimcrest Court, Bonita, California. It is recommended that the request
be referred to staff and the Safety Commission for review.
6. ORDINANCE 2466 ADDING CHAPTERS 3.14 and 3.20, AMENDING SECTION 3.16.010,
REPEAIJNG CHAPTER 3.20, TITLE 13 AND CHAPTERS 13.04 TIIROUGH
13_44 OF TITLE 13, ADDING A NEW TITLE AND NEW CHAPTERS 13.02
TIIROUGH 13.14 TIiEREIN, ADDING A NEW TITLE 14 AND
RENUMBERING CHAPTERS 13.48 TIIROUGH 13.68 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO SEWERS AND WATERCOURSES (second
readinl!: and adoption) (Director of Public Works)
7. ORDINANCE 2467 APPROVING AND ADOPTING AMENDMENT NUMBER ONE TO THE
CHULA VISTA REDEVELOPMENT PLAN AND PROJECf AREA FOR THE
SOUTIiWEST REDEVELOPMENT PROJECf (second readinl!: and adoption)
(Director of Community Development)
8. ORDINANCE 2457 AMENDING CHAPTER 9.06 OF THE MUNICIPAL CODE RELATING TO
REGULATION OF SECURllY ALARM PERMITS (second readinl!: and
adoption) (Chief of Police)
9. RESOLUTION 16229 APPROVING AGREEMENT WITH ACE VIDEO PRODUCTIONS FOR
VIDEOTAPING THE CHULA VISTA CIlY COUNCIL MEETINGS FOR
TELEVISING - In January, the Council approved a six month interim
agreement for video production of Council meetings until a formal Request
for Proposal could be completed. Staff has completed that process and
negotiated the proposed agreement with Ace Video Productions for a
contract with an initial three-year term commencing on 7/15/91. Staff
recommends approval of the resolution. (Deputy City Manager Thomson)
10. RESOLUTION 16230 REVISING SALARY BANDS FOR EXECUTIVE MANAGEMENT PERSONNEL
FOR FISCAL YEAR 1991192 - Resolution provides for adjusting the salary
bands for executive managers. Staff recommends approval of the
resolution. (City Manager)
Agenda
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July 9, 1991
11. RESOLUTION 16231 APPROVING AGREEMENTS GRETOffiN EVANS UBRARY CONCERTS,
UNITED NATIONS DAY COMMITrEE, CHULA VISTA HUMAN SERVICES
COUNCIL AND TIiE CHULA VISTA JAYCEES IN REGARD TO TIiE
EXPENDITIJRE OF CITY FUNDS APPROPRIATED, AND AlITHORIZING TIiE
MAYOR TO EXEClITE SAID AGREEMENTS - The 1991/92 budget includes
funding of various Community Promotions organizations. The Council
considered requests from these groups at the 6/10/91 budget session and
approved funding in the following amounts: 1) Chula Vista Jaycees $9,880,
2) Gretchen Evans Library Concerts $1,560, 3) U.N. Day Committee $380,
and 4) Human Services Council $3,500. Staff recommends approval of the
resolutions. (City Manager)
12. RESOLUTION 16232 DECLARING CERTAIN COMMISSION OFFICES VACANT NUC PRO TUNC
FOR FAILURE TO FILE STATEMENTS OF ECONOMIC INTEREST - On
2/12/91, Council added 14 new Boards and Commissions and 114 new
persons required to file annual Statements of Economic Interest. Those
who have not filed are: Sue Miller, Library Board of Trustees, who
objected to the filing requirement on philosophic grounds; and Carlos
Batara, Charter Review and Robert Gordon, Human Relations Commission,
who have been non-responsive to demands to file and non-participatory in
their respective commissions. Fines were imposed for these late mers by
the City Clerk of $10.00 per day with a statutory maximum of $100.00.
The City Clerk and City Attorney believe that, as a policy matter, it would
be unproductive to engage in further enforcement efforts in order to obtain
complete compliance. Staff recommends approval of the resolution. (City
Clerk and City Attorney)
13. RESOLUTION 16233 RATIFYING AGREEMENT WITH JOHN BURNHAM AND COMPANY FOR
BENEFIT CONSULTING SERVICES AND AlITHORIZING TIiE MAYOR TO
EXEClITE SAID AGREEMENT - Six proposals for benefit consulting services
were received and evaluated by a Health Insurance Committee. On the
basis of the Committee's evaluation, it is recommended that John Burnham
& Company be retained as consultant for the City's various employee
benefit programs. Staff recommends approval of the resolution. (Director
of Personnel)
14. RESOLUTION 16234 AlITHORIZING LEASE OF COMMERCIAL OFFICE SPACE FOR TIiE
WOODLAWN PARK UBRARY - The resolution extends the lease for the
Woodlawn Park library for the period of 7/1/91 through 6/30/92. Staff
recommends approval of the resolution. (Library Director)
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July 9, 1991
15. RESOLUTION 16235 APPROVING AND RATIFYING TIiE CONTRACf FOR LOAN GUARANTEE
ASSISTANCE WTIH TIiE UNITED STATED DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HOD) AND TIiE 1991-A FISCAl. AGENCY
AGREEMENT wrrn CHEMICAL BANK; AUTIIORIZING ISSUANCE OF
PROMISSORY NOTES FOR S750,OOO; APPROPRIATING TIiE PROCEEDS
OF SAID LOAN TO TIiE NORMAN PARK SENIOR CENTER RENOVATION
PROJECf; AND TIiE REAPPROPRIATING PREVIOUS YEARS CDBG FUNDS
FOR TIiE LOAN ORIGINATION CHARGES AND FJRST INTEREST
PAYMENT - On 12118/90, the City awarded the contract for the Norman
Park Senior Center Renovation to Davidson Construction for $2.3 million.
At that time, the City directed staff to initiate an application to HUD for a
Section 108 loan guarantee of $750,000. On 1122/91, the City held a
public hearing and approved the submission of the loan application to
HUD. On 6/13/91, HUD approved the loan guarantee and forwarded loan
documents to the City for execution by 7/3/91. Staff recommends
approval of the resolution. (Director of Community Development)
16.A. RESOLUTION 16236 ORDERING CHANGES AND MODIFICATIONS IN PROCEEDINGS AND
ASSESSMENTS IN ASSESSMENT D1STRICf NUMBER 90-3 (EASTLAKE
GREENS - PHASE I) -At a public hearing on 1122191, Council adopted
resolutions approving the Final Engineer's Report and confIrming
assessments in the amount of $24,185,852 for the EastLake Greens - Phase
I Assessment District No. 90-3. The construction of the improvements to
be acquired through the assessment district proceedings were not complete
at the time of the public hearing and sale of bonds was deferred to a later
date. This action initiates the bond sale portion of the proceedings. In
conjunction with this project, Willdan Associates has requested that the
City process an amendment to their contract which includes an increase in
compensation. Staff recommends approval of the resolutions. (Director of
Public Works)
B. RESOLUTION 16237 AUTHORIZING CERTAIN ASSESSMENTDlSTRICf BONDS TO BE SOLD AT
A PUBUC SALE AND DIRECI1NG A CALL FOR SEALED BIDS IN
ASSESSMENT D1STRICf NUMBER 90-3 (EASTLAKE GREENS - PHASE I)
C. RESOLUTION 16238 RATIFYING FIRST AMENDMENT OF WILLDAN ASSOCIATES CONTRACf
FOR WORK PERFORMED IN CONJUNCI10N WITH ASSESSMENT
D1STRICf NUMBER 90-3 (EASTLAKE GREENS - PHASE I)
17. RESOLUTION 16239 APPROVING AGREEMENT FOR MATERIAL TESTING SERVICES FOR
FISCAl. YEAR 1991192 WITH UNITED STATES TESTING COMPANY, INC.
AND AUTHORIZING TIiE MAYOR TO EXECUTE SAID AGREEMENT - The
construction of quality public works infrastructure improvements depends
in part, on the quality of materials used. The City has an excellent
inspection staff which is complemented by contract inspectors. To make
the inspectors more effective it is necessaty to obtain material testing
services for projects built with both public and private funds. These
services provide the inspectors with the ability to assure that the materials
supplied to construct the project meet the project's specifIcations. As a
result of the RFP process, staff has negotiated a contract with United States
Testing Company to provide material testing services for FY 1991/92. It
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July 9, 1991
is estimated that the consultant will provide between 2,000 and 3,000
person hours of material testing services at a total cost of $150,000. Staff
recommends approval of the resolution. (Director of Public Works)
18. RESOLlJI10N 16240 APPROVING AGREEMENT FOR PUBIJC WORKS CONSTRUCTION
INSPECTION SERVICES FOR FISCAL YEAR 1991192 WITH BSI
CONSULTANTS, INC. AND AIITHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT - The Council in conjunction with the FY 1991192 budget
approval process authorized staff to obtain contractual construction
inspection services to meet the current construction activity demand. As
a result of the RFP process, staff has negotiated a contract with BSI
Consultants, Inc. to provide the public works construction services during
FY 1991192. It is estimated that the consultant will provide between 2,000
and 4,000 person hours of construction inspection services at a total cost
of $202,000. Staff recommends approval of the resolution. (Director of
Public Works)
19. RESOLlJI10N 16241 APPROVING A CONTRACT FOR PERFORMANCE OF PROFESSIONAL
SERVICES BY A CONSULTANT FORMETROPOIJTAN SEWERAGE SYSTEM
MATTERS AND crrY SEWER MATTERS - The City of San Diego is in the
process of designING and upgrading the Metro Sewerage System to be in
conformance with EPA discharge requirements. Such a project will require
the services of a knowledgeable consultant who can assist City staff with
planning and review. It is proposed that the City enter into a new
agreement with William Harshman, to replace the contract which expired
on 6/30/91. Staff recommends approval of the resolution. (Director of
Public Works)
20. RESOLlJI10N 16242 ACCEPTING REPORT AND DECLARING THE CITY'S INTENTION TO
ESTABIJSH CHUIA VISTA OPEN SPACE DISTRICT NUMBER 24 AND
SETTING THE TIME AND PLACE FOR HEARING THEREON - On 5/28/91,
Council initiated the proceedings for the formation of Open Space
Maintenance District No. 24, Canyon Views, and ordered the City Engineer
to prepare and file a report in accordance with the Streets and Highway
Code. The report is now before Council for review. Staff recommends
Council 1) approve the Engineer's Report, 2) approve the resolution
declaring the Council's intention to form the proposed district in
accordance with Section 17.07.020 of the Municipal Code and Section
22587 of the Streets and Highways Code, 3) direct the City Clerk to notice
the public hearing in accordance with Sections 22556 and 22588 of the
Streets and Highways Code, and 4) set July 23, 1991 at 6:00 p.m. as the
date and time for public hearing. (Director of Public Works)
21. RESOLlJI10N 1624:1 AUTHORIZING THE CI1Y ENGINEER TO EXECUTE, ON BEHALF OF THE
CI1Y, AN AGREEMENT REGARDING PROPOSED STREAM OR LAKE
ALTERATION WITH THE STATE OF CAUFORNIA DEPARTMENT OF FISH
AND GAME - The Council at their meeting on 6/18/91, awarded the
contract for "Widening of Telegraph Canyon Road/Otay Lakes Road from
Apache Drive to Rutgers Avenue and Channel Improvements" to Erreca's
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July 9, 1991
Inc. Before the contractor can start work, the City is required to enter into
a stream or lake alteration agreement with the State of California
Departroent of Fish and Game under Section 1601-1603 of California Fish
and Game Code. A portion of the project includes the realignment of the
Telegraph Canyon Creek and the re-establishment of wetlands. Staff
recommends approval of the resolution. (Director of Public Works)
22. RESOLUTION 16244 ENTERING INTO A PERMIT AND HOLD HARMLESS AGREEMENT WITH
TIiE SWEE'IWATERAUTHORTIY - The Sweetwater Authority has a 30-foot
utility easement along Sweetwater Road where grading for the athletic
fields in the Rohr Park Improvement Project Phase I has encroached. Staff
recommends approval of the resolution. (Director of Parks and Recreation)
23.A. REPORT INSTALLATION OF PROTECTIVE COVERlNG ATORANGE/RIENSTRAPARK
- The Department received a Council referral concerning a complaint from
Tom Martin, a coach of a South Bay Lime League team using Orange
Rienstra Park, regarding a potential hazard at the field site. A report was
presented at the 6/4/91 meeting but was deferred to the 7/9/91 Council
meeting. Staff recommends 1) Council accept the report and approve the
resolution, and 2) the City and the Lime League enter into a funding
partnership for the funding of the project. (Director of Parks and
Recreation)
B. RESOLUTION 16245 APPROPRIATING FUNDS FOR PROTECTIVE COVERING AT
ORANGE/RIENSTRA PARK
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak
to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form
to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual
CONSIDERATION OF WATER CONSERVATION PLAN AND AIR QUAU1Y
IMPROVEMENT PLAN FOR RANCHO DEL REY SPAS II AND III;
CONSIDERATION OF RANCHO DEL REY SECTIONAL PLANNING AREA III
DESIGN GillDEJJNES; PCS-90-02; REQUEST TO SUBDMDE 404.9 ACRES
KNOWN AS RANCHO DEL REY SECTIONAL PLANNING AREA III, CHULA
VISTA TRACT NUMBER 90-02 LOCATED BE'IWEEN EAST "H" STREET
AND TELEGRAPH CANYON ROAD, IMMEDIATELY SOUTH OF RANCHO
DEL REY SPA I, RANCHO DEL REY PARTNERSHIP - The tentative map for
SPA III includes 405 acres located between "H" Street and Telegraph
Canyon Road and immediately west of Paseo Ladera. The project includes
lotting for 1,380 dwelling units, a 26+ acre Junior High School site, a 10.8
acre park, and a community purpose site of nearly two acres as well as 148
acres of open space. The SPA plan for this project was approved in
January of this year. Included in the request for approval are design
24.
PUBUC HEARING
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July 9, 1991
guidelines, an air quality plan, a water conservation plan, and a mitigation
monitoring program. Staff recommends Council recertify that the final
EIR -89-10 for Rancho Del Rey SPA III has been prepared in compliance
with CEQA, the State CEQA guidelines, and the environmental review
procedure of the City of Chula Vista; and adopt the following resolutions.
(Director of Planning) Public hearing was continued from the June 18,
1991 meeting.
A. RESOLUTION 16218 RECERTIFYING lHAT TIlE FINAL E1R-89-10 FOR RANCHO DEL REY SPA
III HAS BEEN PREPARED IN COMPUANCE WlTIi CEQA. TIlE STATE CEQA
GillDEUNES AND TIlE ENVIRONMENTAL REVIEW PROCEDURES OF TI-IE
crIY OF CHULA VISTA - This resolution does not require a public hearing,
but is a related item.
B. RESOLUTION 16219 APPROVING TI-IE WATER CONSERVATION PLAN FOR RANCHO DEL REY
SPAS II AND III WITH AMENDMENTS PER ATTACHMENT I
C. RESOLUTION 16220 APPROVING TIlE AIR QUAU1Y IMPROVEMENT PLAN FOR RANCHO DEL
REY SPAS II AND III
D. RESOLUTION 16221 APPROVING TIlE DESIGN GillDEIJNES FOR RANCHO DEL REY SPA III
E. RESOLUTION 16222 APPROVING TI-IE TENTATIVE SUBDMSION MAP FOR RANCHO DEL REY
SPA III
F. RESOLUTION 16223 AMENDING TIlE CEQA FINDINGS FOR E1R-89-10, RANCHO DEL REY SPA
III
G. RESOLUTION 16224 AMENDING TIlE MITIGATION MONITORING PROGRAM FOR EIR-89-10,
RANCHO DEL REY SPA III
25. PUBUC HEARING PCS-91-05 - CONSIDERATION OF TENTATIVE SUBDMSION MAP FOR
CAMBRIDGE AT EASTLAKE GREENS, CHULA VISTA TRAcr 91-05 -
ODMARK AND TI-IELAN - In order to develop a 9-lot condominium project
at the southwest comer of Hunte Parkway and North Greensview Drive, the
applicant has submitted a tentative map known as Cambridge at EastLake
Greens, Chula Vista Tract 91-05., The Council previously certified EIR-86-
4, which included the entire EastLake Greens SPA; therefore, the proposal
is exempt from further environmental review as a Class 1 Q) exemption
under CEQA. Staff recommends approval of the resolution. (Director of
Planning)
RESOLUTION 16246 APPROVING PCS-91-05 - TENTATIVE SUBDMSIONMAP FOR CAMBRIDGE
AT EASTLAKE GREENS, CHULA VISTA TRAcr 91-05
26.
PUBUC HEARING
REVIEW OF CONDmONAL USE PERMIT PCC-90-42; SOUTIi BAY
COMMUNI1Y SERVICES CASA NUESTRA SHELTER AT 1515 HILLTOP
DRIVE - crIY INmATED - On 7/1/90, Council unanimously approved
Conditional Use Permit PCC-90-42 permitting the utilization of an existing
single-family dwelling at 1515 Hilltop Drive as a shelter for runaway and
homeless youth between the ages of 12 and 17 years. One of the
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July 9, 1991
conditions of approval called for a six-month review by Council. The
shelter did not open until late November 1990 so the six-month review has
been delayed until this time. Staff recommends approval of the resolution
in order to provide for staff review and renewal in six months. (Director
of Planning)
RESOLUTION 16247 AMENDING PCC-90-42 - CONDmONAL USE PERMIT FOR SOUTH BAY
COMMUNI1Y SERVICES CASA NUESTRA SHELTER
27. PUBIJC HEARING 01Y OPEN SPACE AND MAINTENANCE DISTRICTS FOR FISCAL YEAR
1991/92 - In accordance with the City Municipal Code Section 17.07, the
City Engineer prepared reports on the spread of assessments for the open
space districts. The reports were accepted and the required public hearing
was set by Council at its meeting of 6/18/91. Staff recommends approval
of the resolutions. If the urgency ordinance is not approved, staff
recommends that the resolution to levy assessments for Open Space District
Nos. 3, 7, 8, 20, and Bay Boulevard Landscaping District not be approved
at this time. In such case, staff will return to Council with the assessments
lowered pursuant to the requirements of the current Municipal Code.
A. ORDINANCE 2468 AMENDING SECI10NS 17.07.010, 17.07.030, AND 17.07.040 OF THE
CHULA VISTA MUNlOPAL CODE RELATING TO OPEN SPACE DISTRICTS
AND DE<J.ARING THE URGENCY THEREOF (ursrencv ordinance) - TIris
ordinance does not require a public hearing but is a related item. The
emergency ordinance is presented to modify the City Municipal Code to
allow the City to maintain an additional 50% contingency reserve. Staff
recommends Council adopt the urgency ordinance.
B. RESOLUTION 16248 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FAOIJTIES TO
BE MAINTAINED AND LEVYING ASSESSMENT FOR FISCAL YEAR 1991/92
FOR OPEN SPACE DISTRICT NUMBER 11
C. RESOLUTION 16249 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FAOIJTIES TO
BE MAINTAINED AND LEVYING ASSESSMENT FOR FISCAL YEAR 1991/92
FOR OPEN SPACE DISTRICT NUMBERS I, 2, 4, 5, 6, 9, 10, 14, IS, 17, 18,
EASTLAKE MAINTENANCE DISTRICT NUMBER 1 AND TOWN CENTRE I
LANDSCAPING DISTRICT
D. RESOLUTION 16250 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FAOIJTIES TO
BE MAINTAINED AND LEVYING ASSESSMENT FOR FISCAL YEAR 1991/92
FOR OPEN SPACE DISTRICT NUMBERS 3, 7, 8, AND 20 AND BAY
BOULEVARD LANDSCAPING DISTRICTS
ORAL COMMUNICATIONS
This is an opportuniJy for the general public to address the city Council on any subject molter within the Council's
jurisdiction tIult 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 agenda.) If you wish to address the Council on sum a
subject, please complete the yeIIow "Request to Speok Under Oral Communii:ations Form" available in the lobby
and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address
for record purposes and follow up action. Your time is limited to three minutes per speaker.
Agenda
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July 9, 1991
ACl10N ITEMS
The items listed in this section of the agenda are expected to elidt substllnlial discussWns and deliberations by the
Council, stoff, 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 aItemotive. T1wse who wish to speak, pleJJse fill Ollt
a . &quest to Speak" form avaiJalJ1e in the lobby and submit it to the city Clerk prior to the meeting. PublU;
comments are limited to five minutes.
None submitted.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items whU:h have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees..
28.A. REPORT CHULA VISTA CULTURAL ARTS COMMISSION CULTURAL ARTS FAIRE -
The Chula Vista Cultural Arts Commission wishes to sponsor a Cultural
Arts Faire. The Commission plans to utilize the services of a professional
consultant to assist them with planning, organizing, and conducting the
Faire. The Commission requests that Council accept the report and
approve the resolution.
B. RESOLUTION 16251 ACCEPTING GIFT OF $4,000 FROM THE BAlDWIN COMPANY, AND
APPROPRIATING $8,000 FROM THE UNAPPROPRIATED BALANCE OF THE
GENERAL FUND TO PROVIDE MATCI-DNG FUNDING FOR CONSULTANT
SERVICES
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items whU:h have been removed from the Consent Calendar. Agenda
items pulled at the request of the publU; will be considered prior to those pulled by Councilmembers. PublU;
comments are limited to five miJwtes per individual
OTHER BUSINESS
29. CIlY MANAGER'S REPORT(S)
a. Scheduling of meetings.
30. MAYOR'S REPORT(S)
a. Referral to the Charter Review Commission regarding emergency meeting notices by the
City Council.
b. Ratification of Commission Appointments - Resource Conservation Commission.
c. Value of requiring graffiti-proof paint on decorative surfaces, utility boxes, etc.
Agenda
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July 9, 1991
31. COUNCJL COMMENTS
Councilman Moore
a. Renaming Dtay Lakes Road - east/west portion. Referral to staff with a report back to
Council in thirty days.
b. Latest change regarding Youth Commission - rationale for 18 year age limitation.
Councilman Rindone
a. Part-time staff assistance for City Council.
b. Re-referral to Charter Review Commission to review the thirty (30) day provision for City
Council absences.
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Instructions to negotiators regarding compensation for unrepresented employees, represented
employees, or both. pursuant to Government Code Section 54957.6
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on Tuesday,
July 16, 1991 at 6:00 p.m. in the City Council Chambers.
A Special Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the
City Council Meeting.
COUNCIL AGENDA STATEMENT
Item
40...
Meeting Date 7/9/91
ITEM TITLE:
Proclamation: Proclaiming the month of July as
"Parks and Recreation Month"
Director of Parks and Recreatio~
ci ty Managerv
SUBMITTED BY:
REVIEWED BY:
Many local agencies throughout California historically proclaim
July as Parks and Recreation Month, to bring awareness of the
value our parks and recreational opportunities give to all
residents of the community.
The Chula vista Parks and Recreation Department is offering a
wide variety of programs for all ages this month and will
continue throughout the Summer. In the area of cultural arts, a
Theater Day Camp is being showcased. The camp will offer acting,
singing, and art classes.
The "Music in the Park" summer concert series will provide sounds
for everyone including contemporary jazz, big band music, and the
ever popular military bands.
Two major special events are planned which included last weeks
Fourth of July fireworks exhibition and the upcoming San Diego
Symphony Pops concert.
A diversity of Summer day camps are being provided. They range
from community day camps to youth sports camps. Recreation
classes, recreation center programs, playground programs,
aquatics program, senior programs and sports leagues will also be
part this summer's offerings.
'to.. -I
COUNCIL AGENDA STATEMENT
ITEM ~
MEETING DATE 7/16/91
ITEM TITLE: Recognition of Foreign Exchange Students
SUBMITTED BY: Mayor Tim Nade:!J'1f
certificates of Recognition will
following exchange students from
(4/5THS VOTE: YES_ NO~
be presented by Mayor Nader to the
Irapuato, Mexico and the coordinator:
Carlos Pacheco Tirado
Orlando Hernandez
Rose A. Ramirez Ochoa
Francisco Mosqueda Gallogos
Salvador Carrillo Cueva
Adriana Cortes J., Coordinator
'-fb . l
,
, :,
'~)-
L_ J
COMMENDING EUGENE R. ASMUS
UPON SIXTEEN YEARS OF DEDICATED SERVICE TO
THE CITY OF CHULA VISTA
WHEREAS, Eugene R. Asmus, joined the City of Chula Vista in
March 1975 as Assistant City Manager; and
WHEREAS, Gene served as Chief Negotiator of the Chula vista
Peace Officers' Association for over ten years; and
WHEREAS, prior to joining the City of Chula vista, Gene served
as City Manager in the California cities of Vista, San Fernando,
westminster and Baldwin Park and as Assistant City Manager for
Eugene, Oregon; and
WHEREAS, Gene received his bachelor's degree from Bowling
Green State uni versi ty of Ohio and a master I S degree from the
university of California at Los Angeles; and
WHEREAS, in addition to his responsibilities as Assistant
City Manager for the City of Chula vista, Gene also served the
citizens of vista as their Councilman:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula
vista, california, do hereby COMMEND EUGENE R. ASMUS upon sixteen
years of dedicated service to the City of Chula vista and express
this City's deep appreciation for the outstanding services Gene has
provided during the last sixteen years.
~~
July 5, 1991
TO:
The Honorable Mayor and City Council
FROM:
SUBJECT:
E. R. Asmus, Assistant City Manager
City Council Meeting of July 9, 1991
tEl
Transmitted herewith are the agenda and related materials for the regular City
Council meeting s€heduled for July 9, 1991. Comments regarding the Written
Communications are as follows:
Sa. IT IS RECOMMENDED THAT SUSAN MARTIN'S RESIGNATION FROM THE INTERNATIONAL
5b. FRIENDSHIP COMMISSION AND JEANNE ARNOLD"S RESIGNATION FROM THE CHILD
CARE COMMISSION BE ACCEPTED WITH REGRET, AND LETTERS OF APPRECIATION BE
SENT TO THEM.
5c. IT IS RECOMMENDED THAT THIS REQUEST FROM THE BONITA BUSINESS AND
PROFESSIONAL ASSOCIATION TO CLOSE 1/10 OF A MILE OF OTAY LAKES ROAD FOR
THE BONITAFEST ACTIVITIES ON SATURDAY, SEPTEMBER 28TH BE REFERRED TO
TRAFFIC ENGINEERING AND THE SAFETY COMMISSION FOR CONSIDERATION AND
REPORT BACK.
5d. This is a letter from the Boys and Girls Club requesting support of
their proposal to operate the new youth facility being constructed on
the Chula Vista Hi9h School campus. IT IS RECOMMENDED THAT THIS LETTER
BE ACKNOWLEDGED AND THAT IT BE CONSIDERED WHEN THE OVERALL ISSUE OF
PROGRAMMING THE YOUTH COMMUNITY CENTER IS CONSIDERED, probably later
this month. The Club's representatives will be notified in advance when
this matter is scheduled for review by the Council.
5e. This is a letter from the Tiffany School PTA requesting waiver of
license requirements for their Fair to be held on November 16, 1991. IT
IS RECOMMENDED THAT, CONSISTENT WITH PREVIOUS YEARS' ACTIONS, COUNCIL
APPROVE WAIVER OF THE BUSINESS LICENSE FEES.
Sf. This is a request for waiver of the design review fees for Risen Savior
Lutheran Church. IN ACCORDANCE WITH CITY COUNCIL POLICY ADOPTED BY
RESOLUTION NO. 13360, IT IS RECOMMENDED THAT THESE FEES BE WAIVED.
5g. This is a petition from residents of Bonita Long Canyon subdivision
requesting a stop sign to be installed at the intersection of Country
Vistas Drive and Crestview Drive. IT IS RECOMMENDED THAT THIS PETITION
BE REFERRED TO THE SAFETY COMMISSION AND TRAFFIC ENGINEERING FOR STUDY
AND REPORT BACK TO COUNCIL.
ERA:mab
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Ms. Teresa Thomas, Chairman
International Friendship Commission
Chula Vista, California
Dear Terri,
SA
'91
RE SErVED
June 1, 1991
J1N 18 Jl9 :02
CITY OF:
CITY C'c;,,)
L<-..i., ,
Regretfully I must submitt my resignation of the International Friendship
Committee. The recent change in job responsibilities simply will not allow
me to fully participate.
I sincerely wish the fellow committee members, all the very best, and look
forward to hearing only great things to come.
If I can be of some assistance in the future, please allow me to do so.
cc: Lorraine Alexander
Secretary
Yours Truly,
~0-f~)lltiA1;;'-J
Susan Martin
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BONITA BUSINESS
& PROFESSIONAL ASSOCIATION
June 24, 1991
Mayor Tim Nader & City Council Members;
City of Chula Vista, Office of the Mayor
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor & City Council Members;
We are fast approaching our 19th Annual Bonitafest which will
be held on Saturday, September 28th. Bonitafest is feeling the
growth of Sweetwater Valley and the surrounding areas. The Booth
rental spaces are being expanded as well as events to include
Bonita Centre East this year.
For safety reasons, we respectfully ask you to consider the
following request for traffic detour and partial closure (please
revue the attached map);
Close Otay Lakes Road beginning at the intersection of Bonita
Road up to Allen School Road, approximately 1/10 of a mile from 7
a.m. to 5.30 p.m., Saturday 28, 1991. Allen School Road could be
used to detour traffic after the parade is over west & north onto
Bonita Road at traffic lite. Villas Drive would be closed onto
Otay Lakes Road, howevere , would still be accesible from Bonita
Road. Songbird Lane traffic could be diverted south onto Otay
Lakes Road to either use Allen School Road or up to H Street.
Our organization will notify all residents with appropriate
flyer (8 to 10 homes) on Songbird Lane three (3) days prior to
event. Further we will post notice at the intersection of Villas
Drive and Otay Lakes Road three (3) days prior to closure of said
entrance, and notify all residents to use the Bonita Road
exit/entrance.
Your help and cooperation in assisting us
community event is deeply appreciated. Thanking
for jj o:~~."o"
H01~~.."."g~irw".."
wi th our annual
you in advance
iJ::Le~
Gail Lee, Co-Chairwoman
MC/GL:pd
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Serving the South Bay since 1882
T. Pat Cavanaugh
Publisher
To: Honorable Mayor, City Councilman
City of Chula Vista
Date: June 25, 1991
Re: Bonitafest
Enclosed is a request from the Co-chairwomen of the Bonitafest requesting
the closure of 1/10 of a mile of Otay Lakes Road for a period of time on
September 28, 1991.
This request is made on behalf of the Bonita Business and Professional
Association. If you would look kindly on this request it will allow the
Bonitafest to expand over to the Bonita Center East this year.
The Bonitafest group over the last 22 years has not requested any money
from the City to fund the Bonitafest activities in spite of the fact that
this event draws thousands of people to our city.
T~+~{lAIL~
T. Pat Cavanaugh ~
Vice President
Bonita Business and Professional Associati
By approving this request it will allow the Bonita Business and Professional
Association to expand the scope of Bonitafest and ensure its presence for
many years to come. /' " >",
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.: MfIYO:R'S OfJ'ic~>' ~
/ Chula Vista, C~:I!.
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Thanks for your consideration.
'5c.-3
CHULA VISTA 0 IMPERIAL BEACH 0 NATIONAL CITY 0835 THIRD AVENlJ:: DCA 92011 0619-427.3000
Admlnlstrallve Office
1301 Oleander Ave.
Chula Vista, CA 91911
(619) 421-4011
(619) 482-6738 FAX
BRANCH LOCATIONS:
1301 Oleander Ave.
Chula Vista, CA 91911
(619) 421-4011
350 "L" Street
Chula Vista, CA 91911
(619) 420-1222
Board of Director.
Benjamin Richardson
President
Royce Jensen
Vice President of
Finance
Sue Welsh
Vice President of
Administration
Glenn Keeran
Vice President of
Operations
Garry Butterfield
Secretary
David McClurg
Treasurer
Robert P. Fox
Past President
Patricia Ables
Rikki Alberson
Martin Barros
Robert J. Bliss
Or. R. Dale Collier
Carol Gove
Xema Jacobson
Cinda Jones
Paul Kapler
George Krampl
I. Joseph Matacia
W. Scott Mosher
Executive Director
!Jh'ls
lIIe.
A member organization of
Gins Incorporated
s&..
noys & GIRLS CLUB
OF CHULA VISTA
June 21, 1991
Mayor Tim Nader
City of Chu1a vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Nader:
The Boys Club & Girls Club of Chula vista is extremely
interested in operating the new youth facility being
constructed on the Chula VIsta High School campus. We
see this as vital for us to be able to continue and
expand needed services on the wests ide of our city.
Enclosed is a copy of the proposal that Scott Mosher,
our Executive Director, submitted to the Parks and Rec-
reation Department.
As you may know, last evening the Parks and Recreation
Commission voted to support the Staff Recommendation
for the City to operate this facility under a joint use
concept. Our Board of Directors is very concerned that
it would logistically be very difficult to coordinate
such use nor would it meet the needs of our Club. A
plus cited for this option was that it would provide a
diverse array of services. Our Club already provides
this and there were no significantly different programs
in the other proposals.
The biggest concern with having the Club operate the
facility seemed to be with our ability to properly
maintain the building.
This certainly could be addressed by simply including
certain maintenance standards as part of the lease if
deemed neccesary. We are also committed to maximizing
use of this facility. Based on the YMCA's proposal, we
could accomodate their needs without conflicting with
our programs.
I also believe we provide affordability of the services
we offer. While most other youth programs provide some
level of scholarships for children unable to afford
their programs, it is important to note that nearly 70%
of the youth we serve on the wests ide come from low-
income families.
\4t/!t!ITTEN
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I think that there is a certain amount of feeling that
this youth center only came into existence because of
the Boys Club moving out of its former location to
allow for the expansion of the Chula vista Center.
Even today we receive criticism for closing our I
street Club and not providing more services on the
westside. This would enable us to expand both the ser-
vices we provide as well as the number of children we
serve.
Our Board of Directors, as well as the parents of the
children we serve, fully support and are committed to
our proposal. The Boys & Girls Club of Chula vista has
been providing needed services and making a difference
in the lives of the children we serve for 34 years.
Having existing programs, staff, and funding, we are
programmatically and fiscally able to operate this new
center.
Should you have any questions regarding our proposal,
please contact myself or Scott Mosher. Thank you very
much for your consideration.
cc: Councilman Len Moore
Councilman David Malcolm
councilman Jerry Rindone
John GoSS, city Manager
::9. ~
p J~[Cf/VED
N2" 1991
MAyOR'S fJ>o.
&bUill Yi:~E
Sincerely,
<~/~10~ O~L,-4o
Benja~in RicJ;;dson
President
.-.
btA-l
Admlnlltratlve Office
1301 ~ander Ave.
Chula Vista, CA 9191'
(619) 42'-40"
(6'9) 482-6738 FAX
BRANCH LOCATIONS:
1301 Oeander Ave.
Chula Vista, CA 9'91'
(619) 421-4011
350 "L. Street
Chula Vista, CA 91911
(6'9) 420-1222
Board of Director.
Benjamin Richardson
President
Royce Jensen
Vioe President of
Finance
Sue Welsh
VIce President of
Administration
Glenn Keeran
Vice President of
Operations
Garry Bunerfield
Sea-Blary
David McClurg
Treasurer
Robert P. Fox
Past President
Patricia Ables
Rikki Alberson
Martin Barros
Robert J. Bliss
Dr. R. Dale Cotlier
Carol Gove
Xema Jacobson
Cinda Jones
Paul Kapler
George Krempl
I. Joseph Malacia
W. Scott Mosher
Executive Director
r1--r- :i\ ,
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,_ \-~.)' \ I:,
I j ",'
'(..,JJ' -,
!Jirls
me.
A member organization of
Girts Incorporated
noys & GIRLS CLUn
OF CHULA VISTA
June 5, 1991
C(Q)jQ)}Y
Mr. Jess Valenzuela, Director
Parks & Recreation Department
city of Chula vista
276 Fourth Avenue
Chula Vista, CA 92010
Dear Jess:
As you know, the Boys & Girls Club of Chula vista is
extremely interested in operating the new youth facil-
ity being constructed on the grounds of Chula Vista
High School. This letter serves to reinforce that
interest, provide you with some background on our orga-
nization and the types of services we provide, and give
you an idea of how we would operate that facility.
overview
The Boys Club of Chula vista began providing services
to the youth of our community in 1957. In 1964, the
Girls Club was established. In July of 1987, the two
organizations merged and became the Girls Club and Boys
Club of Chula vista and opened a new facility at 1301
Oleander Avenue. Prior to that, the Girls Club was
located at 350 L street and the Boys Club was located
at 5th and I Street. About that same time the Club at
5th and I closed in cooperation with ~~e City of Chula
vista and Homart Development to provide for the expan-
sion of the Chula vista Center. There was great con-
cern on the part of numerous parents, children, and
other members of the community about closing that
facility as it served a big need for youth services on
the westside of Chula vista. Homart Development, how-
ever, made a sizable contribution to go toward con-
structing a new youth facility on the westside. This
is the facility, as you know, that is now being built
on the grounds of Chula Vista High School. The oper-
ation of this facility has been critical to us ever
since the closure of the Club at 5th and I to ensure
that quality services continue to be provided on the
westside.
.
. ~ -- """""Ij'""N C. """" p, ~'f'\. /', ~ ~"\ "f1~ .^ '7"'~I't,~. /CHAC
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., .,;, ,.~ ';;!.;,;a ,,' ~ w.::.:.;.!f~~ ..,'-'__ ,;, ,.~U i..:,I ,.~ :t ",<.',' ", .;;. .
5~-:>
Our organization today serves over 2,000 children, is
open 2,100 hours a year, and is being attended by an
average of 320 children each day. We have a voluntary
board of directors which has been greatly developed
over the past two years. We also are affiliates of and
have the full support of Boys and Girls Clubs of Amer-
ica, Girls Incorporated, and the United Way of San
Diego County.
What is the Bovs & Girls Club?
The mission of the Boys and Girls Club of Chula Vista
is to provide positive activities and opportunities to
develop the health, self-esteem, and character of the
youth of our community, enabling them to reach their
fullest potential.
To accomplish our mission, we practice a set of pron-
ciples. The Boys & Girls Club:
is for all boys and girls. Boys and girls of all
races, religion, and ethnic cultures can belong, giving
them a safe, fun, place of their own.
requires no proof of good character. They help and
guide girls and boys who may be in danger of acquiring,
or who already may have acquired, unacceptable habits
and attitudes, as well as boys and girls of good char-
acter.
aakes sure that all girls and boys can afford to
belong. Membership dues are kept low so that all boys
and girls can afford to belong. No child is ever
turned away.
is building centered. Activities are carried out in
the warm, safe, friendly atmosphere of buildings espe-
cially designed to conduct programs.
has full-tUae professional leadership, supplemented
by part-time workers and volunteers.
has an open door policy. The Club is open to all
members at any time during hours of operation.
has a varied and diversified program that recognizes
and responds to the collective and individual needs of
girls and boys.
is guidance oriented.
make appropriate choices.
and self-confidence.
We help children learn how to
We promote their self-esteem
~J-~
Using these principles, we provide a core program based
on physical, emotional, cultural, and social needs and
interests of our youth. This program offers diversi-
fied activities in six areas:
Personal & Educational Development
Citizenship & Leadership Development
Cultural Enrichment
Health & Physical Education
social Recreation
Outdoor & Environmental Education
All of this is based on a youth development strategy
whereby our members acquire a sense of competence, a
sense of usefulness, a sense of belonging, and a sense
of power or influence.
When this strategy is fully implemented,
esteem of girls and boys is enhanced and an
is created which helps them achieve their
tial.
the self-
environment
full poten-
In this way, our Boys & Girls Club is unique from other
public and private youth serving organizations.
Interest in New Facilitv
As previously stated, the Club has had an interest in
this facility ever since the closure of the Club at 5th
and I. We are currently providing services at our L
street site (350 L street), however, the physical
facility there is no longer adequate with the number of
children we are serving and the scope of services we
are providing. We are currently serving an average of
78 children a day which in itself exceeds the capacity
of the actual building. This new facility provides the
opportunity for growth in the number of children being
served; and for program development, expanding the ser-
vices to be provided.
One of the things that is unique about a Boys and Girls
Club is that its target population is toward youth from
low-income and minority families. OVer 60% of the
children currently being served on the wests ide fall
into this target population. This is why, while the
city is growing and developing to the east, we are
looking to grow and develop more on the westside. We
feel that this is an area that is underserved and has
the greatest need.
Scope of Involvement
We propose that the Boys and Girls Club of Chula vista
6A,5
become the operator of this new facility through a
lease agreement with the city at a cost of $1.00 a
year.
The Club would operate the facility when not in use by
the High School in accordance with the joint use agree-
ment between the City and the Sweetwater Union High
School District. We would ask that there be greater
clarification as to the extent of the usage by the High
Schoo 1.
We are committed to coordinating and promoting facility
usage with other community organizations as it is
available. We do this on an ongoing basis already at
our Oleander facility. We currently work cooperatively
with the Sweetwater Union High Scool District, Boy
Scouts, YMCA, N.A. (Narcotics Anonymous), and various
other community groups in utilizing our facility when
it is available.
Our current site at 350 L Street would be closed and
possibly converted to a licensed preschool and child
care program in response to the need for quality,
affordable child care as has been determined by the
Child Care Commission.
Proarams
Another uniqueness of Boys and Girls Clubs is that they
operate a "drop-in" program whereby kids have a place
to go as they need to. Programs are designed to be
developmental and quidance-oriented in nature. The
staff serve as positive role models for the youth and
this in turn creates positive relationships between the
children and the staff. The Club's program is also
designed to address critical needs that today's youth
face. Three critical needs that the program at this
facility would address are latchkey children, substance
abuse prevention, and drop-out prevention.
Programming would include a physical education program,
sports leaques, social recreation programs, homework
help/tutoring program, special interest classes, dance
classes, substance abuse prevention, arts and crafts,
and numerous special events. Teen activities would be
a major focus of our programming also as we feel this
is an underserved population with great need.
Programs and activities change regularly as our staff
is committed to planning a diverse program implementing
individual, small group, and large group or drop-in
activities in each program area. This is why it is
difficult to give you a set schedule as it changes by
the day, week, month, and season. I will try to show
5 J. -(p
you what a typical day might include.
GYMNASIUM
2:30 - 3:30
3:30 - 4:30
4:30 - 5:30
5:30 - 6:30
6:30 - 7:30
7:30 - 8:30
Freeplay/Organized activity
steppingstones/7-9 yr old soccer
10-12 yr old soccer
13-15 yr old soccer
Team handball practice
Teen basketball
other programs in the gym would include sport leagues
for all age groups in soccer, basketball, team hand-
ball, and volleyball (a t-ball league would also be
offered for 6-7 yr olds); a variety of "piCk-Up" games
such as wiffleball, kickball, etc.; special events such
as junior olympics, obstacle course, crazy day, etc.;
and freeplay time.
MULTI-PURPOSE ROOM I
2:30 - 4:30
4:30 - 5:30
5:30 - 6:30
6:30 - 7:30
7:30 - 8:30
Homework help/tutoring
Educational games/contests
Smart Moves program
Bodyworks program
Keystone Club
Other programs in this area would include Operation
smart, arts & crafts, fine arts, photography, and other
special interest group clubs.
MULTI-PURPOSE ROOM II
2:30 - 7:30
social recreation including various
table games, foosball, table tennis,
pool, air hockey, contests, and spe-
cial events.
Teens Only
7:30 - 8:30
DANCE STUDIO
2:30 - 3:30
3:30 - 4:30
4:30 - 5:30
5:30 - 6:30
6:30 - 7:30
7:30 - 8:30
Creative Movement Class
Modern Dance - 10-12 yr olds
Ballet - 6-9 yr olds
Beginning Gymnastics
Advanced Gymnastics
Modern Dance - 13-15 yr olds
Other activities in this area
movement, ballet, jazz, tap,
tics for various age groups.
would include creative
modern dance, and gymnas-
All of this would be supplemented
regular field trips, theme weeks,
events.
by monthly dances,
and numerous special
5J... ~ 7
Staffinq
We currently have a trained staff at our
facility which would move into this facility.
add additional staff as needed as the number
dXen utilizing the facility increases.
Our current staff includes a full time program direc-
tor, a membership secretary, four program leaders, as
well as various program volunteers. In addition,
administrative oversight and support is provided by the
Executive Director, Director of Operations, Secretary,
and Accountant.
L street
We would
of chil-
Equipment
We would provide the equipment necessary to operate the
facility. This would include, but would not necessar-
ily be limited to, tables, chairs, desks, sports equip-
ment, social recreation equipment, and cubbies. Some
equipment we currently have on hand at other program
sites. We also have some funds set aside for this
equipment. We would further secure additional start-up
funds as needed.
Financial Plan
Our current annual budget for our L Street site is
$114,256.00. These funds would be diverted to this new
site. The sources of our income include United Way,
donations, memberships, fundraising, and bingo. All
sources have been steadily increasing and we anticipate
they will continue to do so. We are also developing an
aggressive annual giving program and endowment program
to ensure financial security. We have a copy of our
latest financial audit on file should you request it.
We would propose that the city provide the overhead
space costs including electricity, water, facility
maintenance, and property insurance in conjunction with
the Sweetwater Union High School District as outlined
in the joint use agreement. If this is not possible,
however, we are willing to negotiate these costs.
The Club would provide other operating costs including
personnel, employee related expenses, equipment, pro-
gram supplies, office supplies, liability insurance,
accident insurance, travel, and administrative
expenses.
S~-i
As previously stated, this facility is critical to our
services on the westside. It certainly would enable us
to meet the needs of many more children. Should you
have any questions or need any further information,
please contact me at your earliest convenience. Thank
you for your consideration. I look forward to hearing
from you soon.
Sincerely,
~
w. Scott Mosher
Executive Director
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RECE\VED
BURTON C.
TIFFANY ELEMENTARV9~Hgmp~6P~:38
1691 Elmhurst Street
Chula Vista, CA 91913
CllY
CITY
June 22,1991
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City Clerk
Chula Vista City Council
P. O. Box 1087
Chula Vista, CA 91912
ATTN: Mayor and City Council:
For the seventh year, Tiffany PTA is hosting a craft ~alr to
be held November 16, 1991, at the gymnasium at Bonita Vista High
School, from 9:00 a.m. to 3:00 p.m. Handicrafters from San D1ego
County have been invited to participate in this fair.
I request that the City Council waive any 'lcense requirements
for the ho~ding of this fair, inasmuch as &11 proceed will 9C into
a general fund to be used by Tiffa~y PTA on service preJects and
other progr"ams to be:lef~it the childre'l :yF Qur school, ane' the
entir"e school co:-nmunity.
Thank you for presenting th~s on cur behalf.
S-incere'1Yl
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Claudia D. Gardinier
Craft Fai!~ Chaii-
421-592.:J
Please ser1d any correspondence to Claud~a at 1S64 Cerritos Court,
Chula Vista, CA 91910-7106. Than~ yo~.
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3264 Mary Lane I Escondida I Calif. 92025 I 747-1016
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CITY COUNCIL OffiCES I
CHULA VISTA. CA _,,_
Dr. aod Mrs. Robert Baker
June 10, 1991
City Counci 1
276 4th Avenue
CI"lula Vista, California 91910
Dear Counci 1 Members:
We, the undersigned, along with members of our neighborhood, submit to
you this petition to have a stop sign installed on Country Vistas Drive
at the intersection of Country Vistas Drive and Crestview Drive, in
Bonita Long Canyon. ( t-lblO,'T'HE..li:.>! L.aRtlICR)
Trying to cross Country Vistas Drive, whether on foot or in a car, is
difficult. One cannot see vehicles coming from Country Vistas Drive as
there is a crest in the road which impairs a clear view.
Thank you for your consideration and attention to this matter.
NAME
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establ i shment of i ndustri a 1
Publ ic Hearin.9:\.o~onsiderat ion of
wastewater~~~~fiarge permit fees
Ordin~ ~\J~" Adding Chapters 3.14 and 3.20, amending
Se~h--3.I6.0IO, repealing Chapter 3.20, Title 13 and
,t:i'a'Pters 13.04 through 13.44 of Title 13, adding a new Title
'?-'V13 and new Chapters 13.02 through 13.14 therein, adding a new
O\:,,\) Title 14 and renumbering Chapters 13.48 through 13.68 to the
~~Q Chula Vista Municipal Code relating to sewers and watercourses
Resolution 1(,~a.6 Approving amending the Master Fee
Schedul e to make techni ca 1 reorgani zat i ona 1 changes and
establish new industrial wastewater discharge permit fees
SUBMITTED BY: Director of P~bliC Work~~
City Manager;1 (4/5ths Vote: Yes..lLNo_>
ITEM TITLE:
REVIEWED BY:
EPA regul at ions mandate the i ncl usi on of certai n i ndustri a 1 waste and other
provision's in the City Code. A review of various code chapters relating to
wastewater and the design, construction, use, permitting and funding of
wastewater facilities showed the current code to be faulted in many respects.
Consequently it was determined that the code should be revised not only to
accommodate EPA mandated revisions but so as to upgrade the remaining portions
of the code relating to sewage and public sewage facilities.
RECOMMENDATION: That Council:
1. Conduct the public hearing.
2. Place the Ordinance on first reading.
3. Adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
1. Background
The Federal Government in adopting the Federal Water Pollution Control
Act mandates that sewage agencies:
A. Establish a pretreatment program for industries;
B. Monitor industrial wastes;
C. Establ i sh fees to recover the cost of admi ni steri ng the
industrial waste program;
D. Establish equitable charges for the treatment of sewage based on
the quantity and quality of waste generated; and
E. Pass enabling ordinances.
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Page 2, Item
Meeting Date 6/18/91
Because of the involvement of Federal grants the Metropol itan Sewage
System and all of its participating agencies, including Chula Vista,
became subject to the Water Pollution Control Act mandate.
The EPA, acting through the State Water Resources Control Board,
established a July I, 1991 deadline for enactment of certain provisions
related to sewers and industrial wastes in the City Codes of the
various Metro agencies.
Staff undertook modi fi cat i on of the Chul a Vi sta Code so as to conform
with the Federal requirement. Preliminary review of existing Code
provisions disclosed that such a modification would be, at best, a
band-aid approach. Current wastewater related Code provisions are in
large measure inadequate, poorly organized, archaic and ambiguous.
Consequently, it was determined that the City would be best served
through the preparation of totally revi sed Code provi s ions rel at i ng to
wastewater and wastewater facilities.
Staff requested, and received, an extension of time so as to be able to
incorporate the mandated provisions into a total reorganization and
upgrade of all current sewer-related Code provisions. The Board
representat i ve agreed to the need for extensi ve revi s i on and
subsequently modified the deadline requirement to submission of the
proposed Sewer Ordinance to City Council instead of enactment.
All Metro Sewerage System participants are subject to the same basic
requirement and deadline. The "incentive" provided by EPA includes the
threatened withdrawal of $19,000,000 in grants previously provided to
the Metro System.
The proposed ordi nance was prepared with the foll owi ng objectives in
mind:
A. compliance with the Federal Water Pollution Control Act and the
Federal Clean Water Act.
B. Elimination of ambiguous terms and phrases.
C. Standardization of terminology.
D. Consolidation and organization of wastewater related prOV1Slons.
E. Purging of wastewater facility construction specifications and
details from the Code.
F. Clarification of responsibilities.
G. Clarification and reinforcement of enforcement prOV1Slons.
H. Expansion of appl icabil ity of plan review, permit and inspection
activities to all public wastewater facilities and private
pretreatment facilities.
I. Establishment of a new Industrial Wastewater Discharge Permit and
Fees.
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Page 3, Item
Meeting Date 6/18/91
2. Discussion of Modifications and Additions Made.
A. Industrial Wastewater Provisions
The current code includes some very basic and inadequate
provisions relating to industrial wastes. The proposed ordinance
will create a viable system of permits, fees, management,
reports, pretreatment and enforcement which is both in conformity
with Federal/State regulations, and compatible with Metro System
practices.
The City of San Diego Industrial Waste Program staff has for many
years performed most of the work i nvo 1 ved in i ndustri a 1 waste
permit issuance and compliance for the City of Chula Vista. This
practice has resulted from the fact that San Diego has the
personnel, technical expertise, equipment and laboratory
facilities to accomplish the task. Chula Vista's costs for such
services have been paid from the Sewer Service Revenue Fund. It
is probable that Chula Vista will continue to utilize San Diego's
staff for these purposes rather than contract i ng with a pri vate
1 aboratory or creating its own staff and facil ities. Whatever
course of action is chosen it is necessary that the costs
associated with Industrial Wastewater Discharge Permit issuance
and compl iance be assessed primarily against the generators of
industrial wastewater. The proposed ordinance establishes these
fees and formalizes the process and conditions of permit issuance.
The Industri a 1 Wastewater Di scharge Permit fee to be paid by
industrial dischargers will reflect both the volume and type of
discharge (permit category) involved. The ordinance defines
three permit categories to which all industrial dischargers will
be assigned. Following is a copy of the fee schedule proposed:
Flow (Average Daily
Industrial Wastewater
Flow in Gallons Der Dav
More than 100,000
50,001 to 100,000
25,001 to 50,000
10,001 to 25,000
100 to 10,000
less than 100
Permit Fee (Annual)
Permit Category
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$2,000
1,500
1,250
650
500
25
$1 , 200
1,000
600
500
275
25
$1 ,000
600
500
300
200
25
Some industrial wastewater discharges are of such strength or
character as to be unacceptable without pretreatment. The ordinance
authorizes the Director of Publ ic Works to require construction of
facilities to pretreat such wastewater prior to discharge to the
public sewer.
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Page 4, Item
Meeting Date 6/18/91
Food establishments have in the past proven to be a major source of
grease which has a deleterious effect on the publ ic sewer system.
This ordinance imposes a requirement that grease traps be installed
at food establishments.
The proposed ordinance incorporates an enumeration of prohibited
discharges which is significantly more detailed and comprehensive
than that included in the current City Code. The new listing is
additionally in conformity with Metro System prohibitions.
B. General Modifications
1. The current code include definitions scattered in several of
the pertinent chapters. Terminology used in the text is
sometimes not consistent with the definitions provided and
sometimes not consistent with modern usage.
The proposed ordinance includes a single modernized 1 ist of
definitions and utilizes those definitions in a consistent
manner.
2. The current code i ncl udes extens i ve and archaic sewer
construction specifications and design criteria. Such details
are most appropriately included in the various specifications,
standard drawings and manual s adopted by the City to govern
public works design and construction or are provide for in the
Uniform Plumbing and Building Codes which are applicable in
Chula Vista. The proposed ordinance has been purged of all
such details and simply includes formal reference to those
documents where such details are available.
3. The current code sometimes assigns responsibility and authority
to the City Clerk, City Manager, City Finance Director, City
Engineer and/or the Director of Publ ic Works. In some
instances the delegation of responsibility and authority is not
clearly defined. The proposed ordinance is substantially more
specific in delegating tasks to the City Manager, Director of
Finance, and the Director of Public Works.
4. Current code enforcement provisions relating to wastewater
and/or wastewater facil ities are scattered and confusing, or
simply absent. The proposed ordinance consolidates
admi ni strat i ve enforcement, i ncl udi ng notice, heari ng and
appeal procedures, and judicial enforcement into a single
chapter in such manner as to more clearly define their
appl icabil ity, and provide appropriate "due process".
5. The current City Code sewer permit provisions are generally
applicable to only the construction of sewer laterals and
connections. The proposed ordinance clarifies and expands that
permit authority to cover all wastewater facil ity construction
within the public right-of-way.
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Page 5, Item
Meeting Date 6/18/91
6. The total package of provisions relating to wastewater and
wastewater facilities has been reorganized in the proposed
ordinance. All matters pertaining to sewer related funds and
permitted uses for those funds will be found in Title 3. All
matters, other than funds, relating to wastewater and
wastewater facilities will be found in new Title 13, entitled
"Sewers."
Proposed Title 13 contains seven chapters:
13.02
13.04
13.06
13.08
13.10
13.12
13.14
Purpose, Scope and Policy
Defi nit ions
General Provisions
Permi ts, Pl ans, Construction, Inspect i on, and Use
of Wastewater Facilities
Industrial Wastewater
Unlawful Discharges to the Wastewater System
Fees
The organization and content of the proposed ordinance is
generally similar to and compatible with the City of San
Diego ordinance in regard to industrial wastewater matters
in order to facilitate coordination of industrial
wastewater di scharge permi t issuance and enforcement. The
imposition of new fees in Chapter 13.10 requires their
consideration in a public hearing.
7. Existing Chapter 13.04 relating to fire hydrants is
repealed because its provisions are obsolete, being covered
by the Uniform Fire Code. A new Title 14 is created and
the exi st i ng chapters in Titl e 13 relat i ng to Watercourses
(including Storm Drains) are move to that new Title.
FISCAL IMPACT: The City was billed a total of $22,741.99 by the City of San
Diego for Industrial Waste Program services in Fiscal Year 89-90. Those
charges are expected to increase significantly in the near term. In the past
such costs have been paid from the Sewer Servi ce Revenue Fund and not the
individual permittee. Imposition of industrial wastewater permit fees and
enforcement charges as set forth in the proposed ordinance will generate
additional income to offset those charges by the City of San Diego. Further,
these fees and charges will more equitably distribute the costs associated
with industrial wastewater generation.
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ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTERS 3.14 AND 3.20, AMENDING SECTION 3.16.010,
REPEALING CHAPTER 3.20, TITLE 13 AND CHAPTERS 13.04
THROUGH 13.44 OF TITLE 13, ADDING A NEW TITLE 13 AND NEW
CHAPTERS 13.02 THROUGH 13.14 THEREIN, ADDING A NEW TITLE
14 AND RENUMBERING CHAPTERS 13.48 THROUGH 13.68 TO THE
CHULA VISTA MUNICIPAL CODE RELATING TO SEWERS AND
WATERCOURSES
The City Council of the city of Chula Vista does ordain as
follows:
SECTION I. That a new Chapter 3.14 entitled "Trunk Sewer
Capital Reserve Fund" is added to the Chula vista Municipal Code.
SECTION II. That section 13.14.010 of the Chula vista Municipal
Code is renumbered as Section 3.14.010, and amended to read:
Section 3.14.010 ESTABLISHMENT OF TRUNK SEWER CAPITAL RESERVE
FUND - USES
A. There is established a fund designated as the "Trunk
Sewer Capital Reserve Fund".
B. All revenue derived from the sewer capacitv charqes
(formerlv "sewerage facility participation charges~ Be~ fer~h
hereiR pursuant to section 13.14.090 shall be deposited into such
Trunk Sewer Capital Reserve Fund.
C. The Trunk Sewer Capital Reserve Fund shall be used
solely for the following purposes unless the City Council shall
by four-fifths vote appropriate such funds for another purpose~
provided such other purpose shall be for the planning, design, or
construction of sewage collection or treatment or water
reclamation purposes or incidental thereto:
1. Paying all or any part of the cost and expense to
enlarge sewer facilities of the city so as to
enhance efficiency of utilization and/or adequacy
of capacity in order to effectively serve the
needs of the City;
2. Paying all or any part of the cost and expense to
plan and/or evaluate any future proposals for
areawide sewage treatment and/or water reclamation
systems or facilities.
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6/7/91 -- 1 -- Final
SECTION III. That section 3.16.010 of the Chula vista Municipal
Code is amended to read:
section 3.16.010 9ispasitiaft af mafteys ESTABLISHMENT OF
SEWER INCOME FUND - USES
All revenue derived from Public Sewer Connection Fees under
Sections 13.14.03013.1&.179 through 13.14.08013.1&.298 shall be
deposited into the fund designated as the "Sewer Income Fund" and
which may be used only for the acquisition, construction,
reconstruction, maintenance and operation of sanitation or
sewerage facilities; except that such fund may be used, in the
discretion of the city Council, for, pursuant to a written
contract, the reimbursement of subdividers as reauiredaathariBea
by sections 6648611543 and 6648711544 of the GovernmentBasiftes9
afta Prafessiefts Code af tae state or, pursuant to a written
contract, to reimburse any person who has constructed sewer
facilities, to the extent, as determined by the City Council,
that such sewer facilities have benefited other properties, or to
reimburse the City for any expenses incurred in connection with
the construction and installation of any sewer facility,
including but not limited to the cost of engineering work and all
costs in connection with the acquisition of rights-of-way.
SECTION IV. That Chapter 3.20 of the Chula vista Municipal Code
is repealed and a new Chapter 3.20 entitled "Sewer Service
Revenue Fund" is added.
SECTION V. That former Section 3.20.010 of the Chula vista
Municipal Code is amended to read:
section 3.20.010 Ea~aeliahea Diapeai~ieft af re~eft~e
Eupeftait1:lres permittea ESTABLISHMENT OF SEWER SERVICE REVENUE
FUND - USES.....
A. There is established a fund designated as the "Sewer
Service Revenue Fund".
B. Except for the amounts deposited in the Seweraqe
Facilities Replacement Fund pursuant to section 3.18.010 a~ll
revenue derived from sewer ~ervice charges set forth in ~
ehapter section 13.14.110 shall be deposited into such Sewer
Service Revenue Fund.
c. Nothing herein shall be construed as superseding or
conflicting with the existing ~5ewer I~income ~~und.
D. The fund shall be used solely for the following
purposes unless the city council shall by four-fifths vote
appropriate such funds for another purpose provided such purpose
shall be for the construction, maintenance or operation of sewers
or incidental thereto, including any charge for its collection:
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6/7/91 -- 2 -- Final
1. Paying the cost of maintenance and operation of
the sewer system of the City;
2. Paying all or any part of the cost and expense of
extending, constructing, reconstructing or
improving the sewer system of the City or any part
thereof;
3. Reimbursing persons who have constructed sewer
facilities and who have entered into a
reimbursement agreement with the City;
4. Paying for the San Diego metropolitan sewer annual
capacity charge;
5. Paying for the San Diego metropolitan sewer annual
maintenance and operation charge and periodic
industrial waste program charges.
6. Any purpose authorized for Sewer Income Fund
utilization euee13'E maiR'EeRaPlee aPle1 epcratiePl
J!U:lrpesea.
SECTION VI. That Title 13 and Chapters 13.04, 13.08, 13.12,
13.14, 13.16, 13.20, 13.24, 13.28, 13.32, 13.40, and 13.44 of the
Chula Vista Municipal Code are repealed.
SECTION VII. That a new Title 13 entitled "SEWERS" is added to
the Chula Vista Municipal Code to read as follows:
TITLE 13 SEWERS
CHAPTER 13.02
PURPOSE, SCOPE AND POLICY
Section 13.02.010
PURPOSE
The purpose of this Title is to provide for the maximum
beneficial public use of the City's Wastewater System or
Facilities through adequate regulation of sewer construction,
sewer use and industrial wastewater discharge, to provide for
equitable distribution of the city's costs, and to provide
procedures for complying with wastewater discharge requirements
placed upon the City through interagency agreement or by other
State or Federal regulatory bodies.
Section 13.02.020
SCOPE
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6/7/91 -- 3 -- Final
This Title shall be interpreted in accordance with the
definitions set forth herein and the provisions of this ordinance
shall apply to the direct or indirect discharge of all waste into
the City's wastewater system.
This Title, among other things, provides for the regulation
of sewer construction in areas within the city's boundaries, the
quantity and quality of discharged wastes, the degree of waste
pretreatment required, the setting of waste discharge fees to
provide for equitable distribution of costs, the approval of
plans for sewer construction, the issuance of Permits for
Industrial Wastewater Discharge and of other miscellaneous
permits, and the establishment of penalties for violation of this
Title.
section 13.02.030
LIQUID WASTE DISPOSAL POLICY
The City builds and operates and/or contracts for public
sewers and wastewater facilities collectively known as the City's
wastewater system, which serves homes, industries and commercial
establishments. The following policies apply to wastewater
discharges within the city's boundaries and to other discharges
that are tributary to the City's wastewater facilities.
Generally, wastewater originating within the City's
boundaries will be removed by the City's wastewater system unless
the wastewater will (1) damage structures, (2) create nuisances
(such as odors, etc.), (3) endanger public health, (4) impose
unreasonable collection, treatment or disposal costs on the City,
(5) interfere with wastewater treatment processes, (6) fail to
meet quality requirements set by regulatory government agencies
or interagency agreements, or (7) detrimentally affect the local
environment.
The City in its General Plan adopted in July 1989, has
endorsed the concept of wastewater renovation and reuse in order
to conserve water to provide an alternate source of water supply
and to reduce the overall costs of wastewater treatment and
disposal. The renovation of wastewater through secondary and/or
tertiary wastewater treatment processes will necessitate the
imposition of stringent quality requirements on industrial
wastewater discharges.
To comply with the Federal Water Pollution Control Act and the
Federal Clean Water Act and to permit the City to meet
increasingly higher standards, provisions are made in this Title
for ~he regulation of industrial wastewater discharges. This
Title establishes quantity and quality limitations on industrial
wastewater discharges. provisions are also made for cost
recovery from industrial wastewater dischargers where the
discharges impose inequitable collection, treatment or disposal
costs on the City.
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6/7/91 -- 4 -- Final
The City does prefer and encourage industrial wastewater
dischargers to reach beyond simple compliance with limitations
set upon their discharges, and to incorporate recovery and reuse
provisions into their procedures to the maximum extent feasible.
optimum use of the City's wastewater facilities may require that
certain industrial wastewaters be discharged during periods of
low flow in the City's wastewater system.
CHAPTER 13.04
DEFINITIONS
section 13.04.010
DEFINITIONS
Unless otherwise defined herein, terms relating to water and
wastewater shall be as adopted in the latest edition of Standard
Methods for the Examination of Water and Wastewater. published by
the American Public Health Association, the American Water Works
Association and the Water Pollution Control Federation.
The meaning of other various terms as used in this ordinance
shall be as follows:
A. "Agent" shall mean any person duly authorized by the
City to perform specific work upon sewerage facilities
under permit or under contract.
B. "Applicant" shall mean a person, partnership, entity,
firm, association, corporation, or public agency
applying for connection to a public sewer, approval of
plans to construct or to modify wastewater facilities,
or for a Permit for Industrial Wastewater Discharge.
C. "Building" shall mean a structure containing one or
more fixtures and separated from any other structure.
D. "Building Sewer" shall mean a privately maintained
sewer .which extends across private property from a
building to a sewer lateral, public sewer, or private
sewer.
E. "City Manager" shall mean the City Manager of the City
of Chula vista.
-F. "Director" shall mean the Director of Public Works or
designee.
G. "DiSCharger" shall mean any person who discharges or
causes a discharge of wastewater directly or indirectly
into the City's Wastewater System or Facilities.
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6/7/91 -- 5 -- Final
H. "Domestic Wastewater" shall mean the liquid and
waterborne wastes derived from the ordinary living
processes in a dwelling unit, said wastes being of such
character as to permit satisfactory disposal, without
special treatment, into a public sewer.
H. "Fixture" shall mean any plumbing or wastewater outlet
requiring a trap or vent.
I. "Food Establishment" shall mean a food establishment as
defined in Health and Safety Code section 27520, as it
may be amended from time to time.
J. "Grease Pretreatment Device" shall mean a device
conforming to the Uniform Plumbing Code requirements
for grease interceptors and/or grease traps approved by
the Director and the Director of Building and Housing
and designed to remove grease from wastewater before it
enters the Building Sewer.
K. "Industrial Wastewater" shall mean all wastewater,
including all wastewater from any producing,
manufacturing, processing, institutional, commercial,
service, agricultural, or other operation, including
food establishments, which are required to be
controlled by Federal, State of California or local
regulations or which interfere with the operation and
maintenance of the Wastewater System or Facilities.
These exclude domestic wastewater, but may also include
wastes of human origin similar to domestic wastewater.
L. "Mass Emission Rate" shall mean the weight of a
specific material discharged to the public sewer during
a given time interval.
M. "Parcel" shall mean a piece of land as described or
shown upon current records of the County Recorder of
San Diego County.
N. "Person" shall mean any individual, partnership,
entity, firm, association, corporation or public agency
including the State of California and the United States
of America.
o. "Public Sewer" shall mean a sewer owned and operated by
the City which is tributary to treatment or reclamation
facilities operated or utilized by the City of Chula
Vista.
P. "Private Sewer" shall mean a privately maintained sewer
constructed from its connection with a public sewer
across public and/or private property to provide sewer
service to two or more individual parcels of record,
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6/7/91 -- 6 -- Final
and for which a written agreement pursuant to Section
13.08.090 has been filed with the Director.
Q. "Sewage" shall have the same meaning as "Wastewater".
R. "Sewer Connection" shall mean the"physical facilities
involved and/or the act of construction of a viable
juncture between a building sewer or private sewer, and
sewer lateral or the public sewer system.
S. "Sewer Lateral" shall mean a four or six inch diameter
privately maintained sewer constructed from its
connection with a public sewer across public property
to the boundary of such public property so as to
provide sewer service to buildings or structures
situated upon an individual parcel of record.
T. "Sewer Service" shall mean the service and benefits
derived through utilization of the public sewer system.
U. "Standard Methods" shall mean procedures described in
the current edition of Standard Methods for the
Examination of Water and Wastewater. as published by
the American Public Health Association, the American
Water Works Association and the Water Pollution Control
Federation.
v. "Suspended Solids" shall mean any insoluble material
contained as a component of wastewater and capable of
separation from the liquid portion of said wastewater
by laboratory filtration as determined by the
appropriate testing procedure and Standard Methods.
W. "Treatment Facilities" shall mean facilities owned or
utilized by the City in the treatment of wastewater or
for the reclamation of wastewater.
x. "Waste" shall mean any and all waste substances,
liquid, solid, gaseous, or radioactive, associated with
human habitation, or of human or animal origin, or from
any producing, manufacturing, processing,
institutional, commercial, service, agricultural, food
preparation or other operation.
Y. "Wastewater" shall mean waste and water, whether
treated or untreated, discharged directly or indirectly
into or permitted to enter a public sewer. "Wastewater"
includes both Domestic and Industrial wastewater.
z. "Wastewater Constituents and Characteristics" shall
mean the individual chemical, physical, bacteriological
or radiological parameters, including volume, flow
rate and such other parameters that define, classify or
measure the quality and quantity of wastewater.
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6/7/91 -- 7 -- Final
AA. "Wastewater System or Facilities" shall mean any and
all public facilities used by the City for collecting,
conveying, pumping, treating, disposing and reclaiming
wastewater.
CHAPTER 13.06
GENERAL PROVISIONS
Section 13.06.010
ADMINISTRATION
The Director of Public Works (Director) shall administer,
implement and enforce the provisions of this Title. Any powers
granted to or duties imposed upon the Director may be delegated
by the Director to persons in the employ of the City, or pursuant
to contract.
The Director shall make and enforce regulations necessary to
the administration of this ordinance and may recommend that the
Council amend such regulations from time to time as conditions
require. These regulations shall be consistent with the general
policy established herein by the city Council and shall be
subject to prior review and approval by the City Council.
Section 13.06.020
TIME LIMITS
Any time limit provided in any written notice or in any
provision of this Title may be extended only by a written
directive of the Director.
Section 13.06.030
INSPECTION AND SAMPLING, GENERAL
A. The Director may cause inspection and sampling of every
facility involved directly or indirectly with the discharge of
wastewater to the City's wastewater system as deemed necessary.
These facilities shall include, but not be limited to, sewer
laterals, sewer connections, private sewers, public sewers,
wastewater pumping stations, pollution control plants, all
industrial processes, food establishment facilities or other
facilities which may discharge grease and oil at levels which
cause blockages to the sewer, industrial wastewater generation,
facilities, conveyance and pretreatment facilities, and all
similar wastewater facilities. Inspections may be made to
determine that such facilities are constructed, maintained and
operated properly and are adequate to meet the provisions of this
chapter.
B. Owners, users and operators of all facilities directly
or indirectly connected to the City's wastewater system, whether
under construction or completed shall give access to authorized
personnel or representatives of the City at all reasonable times
including those occasioned by emergency conditions. Any
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6/7/91 -- 8 -- Final
permanent or temporary obstruction to easy access to the
wastewater facility to be inspected shall promptly be removed by
the facility, owner, user or operator at the written or verbal
r~quest of the Director and shall not be replaced.
No person shall interfere with, delay, resist or refuse
entrance to an authorized city inspector attempting to inspect
any wastewater generation, conveyance or treatment facility
connected directly or indirectly to the City's wastewater system,
and the provisions of Chapter 1.16 of this Code shall not apply.
C. The City, through its representatives or inspectors,
shall have the right to inspect and copy pertinent records
relating to a permittee's wastewater discharge or pretreatment
operations including inventories, chemical usage, materials,
sources, hazardous materials manifests and disposal records,
treatment and operations log books and materials invoices.
D. The Director shall provide adequate identification for
all inspectors and other authorized personnel, and those persons
shall identify themselves when entering any property for
inspection purposes or when inspecting the work of any
contractor.
Section 13.06.040
RECORDING OF RECEIPT OF MONIES
The Director shall keep a permanent and accurate account of
all fees, costs, charges, and civil penalties received under this
Title, giving the names and addresses of the persons on whose
account such monies were paid, the date and amount thereof and
the purpose for which paid.
section 13.06.050
ESTIMATED QUANTITIES AND VALUES
Unless otherwise provided herein, whenever the fees and
charges required by this Title are based on estimated values or
estimated quantities, the Director shall make such determinations
in accordance with established estimating practices.
Section 13.06.060
INTERFERENCE WITH CITY'S WASTEWATER SYSTEM OR
FACILITIES
It is unlawful for any person to willfully enter, break,
destroy, uncover, open, restrict flow, bury, deface or tamper
with any sewer or any structure, equipment or appurtenance which
is part of the City's Wastewater System or Facilities.
Section 13.06.070
FALSIFYING INFORMATION
It is unlawful for any person to knowingly make any false
statement, representation, record, report, plan or other document
filed with the Director or to falsify, tamper with or knowingly
render inaccurate any monitoring device or method required under
this Title.
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6/7/91 -- 9 -- Final
section 13.06.080
DISCHARGE AS A PUBLIC NUISANCE
Discharge of wastewater in any manner in violation of this
Title or in violation of any order issued by the Director as
authorized by this Title, is hereby declared unlawful and a
public nuisance and shall be corrected or abated as directed by
the Director.
section 13.06.090
COSTS OF DAMAGE OR CLEANUP
Any person who violates any of the provisions of this Title
or who otherwise causes a deposit, obstruction, damage or any
other impairment to the City's wastewater system or facilities is
liable to the City for all damages, losses or expenses of cleanup
or repair occasioned the City by reason of such violation or
discharge. Additionally, this Title is intended to create a
private cause of action in any person, suffering damages, losses
or expenses as a result of such violation.
Section 13.06.100
ADMINISTRATIVE ENFORCEMENT
A. Termination of Service
When deemed necessary for the preservation of public
health or safety or for the protection of public or private
property, the Director may notify any person or persons using the
wastewater system in a manner or way to endanger the public
health or safety, or public or private property, in writing of
intention to suspend sewer service. In case of emergency, the
Director may act immediately to suspend sewer service without
notice or warning to said person or persons. In suspending
service the Director may sever all pertinent connections to the
public sewer.
If service is so suspended, the Director shall keep an
account of the cost of suspension and remedy of the emergency
situation, and bill the property owner and/or other person
responsible therefor. The Director shall give the affected
person(s) notice of and opportunity for hearing on the need for
and the cost of emergency action as soon as practicable after
taking such action.
B. Revocation of Permit
The Director may revoke any Industrial Wastewater
Discharge Permit and terminate if a violation of any provision of
this. Title is found to exist or if a discharge of wastewater
causes or threatens to cause a condition of contamination,
pollution or nuisance. Such revocation shall be carried out
pursuant to Section 13.06.110. This provision is cumulative of
other statutes or ruleS authorizing termination of service for
delinquency in payment and other civil, criminal or
administrative enforcement actions provided for in this Title.
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6/7/91 -- 10 -- Final
C. civil Penalties
Any person who violates any prov~s~on of this Title or
permit condition or who discharges wastewater which adversely
affects the wastewater system or facilities, or who violates any
cease and desist order or prohibition issued by the Director, or
national pretreatment standard shall be liable civilly for a
penalty not to exceed $1,000 for each day in which such violation
occurs, not to exceed $100,000 in total. Imposition of such civil
penalties shall be pursuant to the procedures set forth in
section 13.06.110.
D. Recalculation of Sewer Service Charges
1. When the Director determines that the permittee
is discharging a flow rate, or a quantity of flow, chemical
oxygen demand, suspended solids or other constituent in excess of
that authorized by the permit or in excess of the quantities
reported to the Director by the permittee, the Director shall
recalculate the sewer service charge. The Director may further
institute proceedings to revoke the permit, or upon application
may issue an amended permit.
2. The data obtained in samplings or any other
relevant information obtained by the Director or presented by the
permittee, shall be used by the Director as the quantity
parameters used to determined a correct sewer service charge.
When the Director makes a determination pursuant to subdivision D
1, above, in the absence of other evidence, the Director shall
presume that the permittee/discharger was discharging at the
determined parameter values over the preceding three (3) years or
since the Director's previous verification of quantity
parameters, whichever period is shorter.
The permittee shall be assessed for all delinquent
sewer service charges together with penalty and interest. Before
these charges shall be assessed, at least two additional 24-hour
samples and flow measurements shall be obtained by the Director,
with all costs of sampling and analyses to be paid by the
permittee. Imposition of said delinquent charges, penalties and
interest shall be pursuant to the procedures set forth in section
13.06.110.
Section 13.06.110
PROCEDURES
ADMINISTRATIVE NOTICE, HEARING AND APPEAL
-A. Unless otherwise provided herein, any notice required
to be given by the Director under this Title shall be in writing
and served in person or by registered or certified mail. If
served by mail, the notice shall be sent to the last address
known to the Director. Where the address is unknown, service may
be made upon the owner of record of the property involved. Such
notice shall be deemed to have been given at the time of deposit,
postage prepaid, in a facility regularly serviced by the United
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6/7/91 -- 11 -- Final
states Postal service whether or not the registered or certified
mail is accepted.
B. Except for emergency suspension of sewer service (as
provided in Section 13.06.100 A), when the Director determines
that a violation of one or more provisions of this Title exists
or has occurred any violator(s) or property owner(s) of record
may be served by the Director with a written Notice and Order.
The Notice and Order shall state the Municipal Code section
violated, describe how violated, the location and date(s) of the
violation(s), and describe the corrective action required. The
Notice and Order shall require immediate corrective action by the
violator(s) or property owner(s) and explain which methodes) of
administrative enforcement are being utilized by the Director:
suspension of sewer service; revocation of permit; civil
penalties; and/or recalculation of sewer service charges. The
Notice and Order shall also explain the consequences of failure
to comply, including that civil penalties begin to immediately
accrue if compliance is not achieved within ten (10) days from
the date the Notice and Order is issued. The Notice and Order
shall identify all hearing rights. The Director may propose any
enforcement action reasonably necessary to abate the violation.
C. If the violation(s) is not corrected within ten (10)
days from the date the Notice and Order is issued, the Director
shall request the City Manager to appoint a Hearing Officer and
fix a date, time, and place for hearing. The Director shall give
written notice thereof to the violator(s) or owner(s) of record,
at least ten (10) days prior to the date for hearing.
1. The Hearing Officer shall consider any written or
oral evidence presented to determine whether the violation(s)
exists, service should be terminated, the permit should be
revoked, suspended, or modified, civil penalties should be
imposed, and/or sewer service charges should be imposed,
consistent with rules and procedures for the conduct of hearings
and rendering of decisions established and promulgated by the
city Manager.
2. In determining whether action regarding a permit
should be taken, or the amount of a civil penalty to be imposed,
the Hearing Officer may consider any of the following factors:
a. Duration of the violation(s)
b. Frequency or recurrence
c. Seriousness
d. History
e. violator's conduct after issuance of the Notice
and Order
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6/7/91 -- 12 -- Final
f. Good faith effort to comply
g. Economic impact of the penalty on the
violator(s)
h. Impact of the violation on the community
i. Any other factor which justice may require.
3. If the violator(s) or owner(s) of record fail to
attend the hearing, it shall constitute a waiver of the right to
a hearing and adjudication of all or any portion of the Notice
and Order.
4. The Hearing Officer shall render a written decision
within ten(10) days of the close of the hearing, including
findings of fact and conclusions of law, identifying the time
frame involved and the factors considered in assessing civil
penalties, if any, or recalculation of sewer service charges, as
appropriate. The decision shall be effective immediately unless
otherwise stated in the decision. The Hearing Officer shall
cause the decision to be served on the Director and all
participating violators or owners of record.
5. If the persons assessed recalculated sewer service
charges or civil penalties fail to pay them within the time
specified in the Hearing Officer's decision, the unpaid amount
constitutes either a personal obligation of the person assessed
or a lien upon the real property on which the violation occurred,
in the discretion of the Director. If the violation(s) is not
corrected as directed the recalculation/civil penalty continues
to accrue on a daily basis. civil penalties may not exceed
$100,000 in the aggregate. When the violation is subsequently
corrected, the Director shall notify the violator(s) and/or
owner(s) of record of the outstanding recalculated sewer service
charges and/civil penalties, and provide an opportunity for
hearing if the amount(s) is disputed within ten (10) days from
such notice.
6. The Director shall take all appropriate legal steps
to collect these obligations, including referral to the City
Attorney for commencement of a civil action to recover said
funds. If collected as a lien, the Director shall cause a notice
of lien to be filed with the County Recorder, inform the County
Auditor and County Recorder of the amount of the obligation, a
description of the real property upon which the lien is to be
recovered, and the name of the agency to which the obligation is
to be paid. Upon payment in full, the Director shall file a
release of lien with the County Recorder.
Section 13.06.120
JUDICIAL ENFORCEMENT
A. Criminal Penalties
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6/7/91 -- 13 -- Final
Notwithstanding section 1.20.010, any person who
violates any provision of this Title or permit condition or who
discharges wastewater which adversely affects the wastewater
system or facilities or who violates any cease and desist order,
prohibition or national pretreatment standard shall be punished,
upon conviction, by a fine of not to exceed $10,000 for each day
in which such violation occurs, or for imprisonment in the County
Jail for not more than one (1) year or both.
B. Injunction/Abatement of Public Nuisance
Whenever a discharge of wastewater is in violation of
the provisions of this Title or otherwise causes or threatens to
cause a condition of contamination, pollution or nuisance, the
Director may also cause the City to seek a petition to the
Superior Court for the issuance of a preliminary or permanent
injunction or both, or an action to abate a public nuisance, as
may be appropriate in restraining the continuances of such
discharge.
C. Other civil Action
Whenever a Notice and Order or Hearing Officer's
decision is not complied with, the City Attorney may, at the
request of the Director, initiate any appropriate civil action in
a court of competent jurisdiction to enforce such Notice and
Order or decision, including the recovery of any unpaid sewer
service charges or civil penalties provided for therein.
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6/7/91 -- 14 -- Final
CHAPTER 13.08
PERMITS, PLANS, CONSTRUCTION, INSPECTION AND
USE OF WASTEWATER FACILITIES
section 13.08.010
DIRECTOR - DUTIES
The Director shall issue permits, review plans, inspect and
make permanent record of:
A. All wastewater facility construction, repairs, sewer
connections and disconnections within public right-of-way.
B. All industrial wastewater pretreatment facility
construction and repairs upon private property.
section 13.08.020
CONNECTIONS TO PUBLIC SEWERS - WASTEWATER
FACILITY CONSTRUCTION - PLANS AND PERMITS
REQUIRED
A. No person, other than employees of the City, shall
construct, connect or disconnect any public or private wastewater
facilities within the public right-of-way without first obtaining
approval of plans and a permit from the Director, unless such
work is performed under written contract or agreement with the
City. A permit shall not be assignable or transferable and shall
become void after sixty (60) days if work for which the permit is
issued has not commenced.
B. Application for permit must be made in writing to the
Director by the owner of the property to be sewered, or
authorized agent. The application shall be of such form and
content as required and provided by the Director.
C. The applicant shall submit to the City for approval,
construction plans and such specifications and other details as
required to describe fully the proposed wastewater facility. The
plans shall have been prepared under the supervision of and shall
be signed by an engineer of suitable training registered in the
State of California.
Section 13.08.030
CONFORMITY OF PLANS FOR WASTEWATER FACILITIES
TO CITY STANDARDS
Construction plans, specifications and details as necessary
to f~lly describe a proposed wastewater facility or wastewater
facility modification shall be in full conformity with the
following documents as adopted, and amended from time to time, by
the Chula vista city Council:
A. "Standard Specifications for Public Works Construction"
published by BNi Books
f. ' z.o
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6/7/91 -- 15 -- Final
B. "Design Standards - 1990 - Construction Standards" by
Chula Vista Department of Public Works
C. "City of Chula vista Subdivision Manual"
D. "San Diego Area Regional Standard Drawings" by San
Diego County Department of Public Works
Copies of all such documents shall be available at the
Office of the Director.
section 13.08.040
INSPECTION, BACKFILLING AND TESTING OF
WASTEWATER FACILITIES
A. All construction or modification of wastewater
facilities, whether under permit, agreement with the City or City
contract, shall be inspected by City forces during construction
so as to assure full compliance with approved plans,
specifications and details in addition to adopted City standards
as referenced in Section 13.08.030.
B. No person other than duly authorized employees of the
City shall backfill any trench or excavation made for the purpose
of constructing a wastewater facility until the pipe or structure
therein shall have been inspected by the Director and written
approval has been given in such form as may be determined by the
Director. The entire length of pipe shall be fully exposed for
inspection. At least twenty-four (24) hour notice shall be
provided in advance of such sewer inspection.
C. The Director may employ such tests as deemed necessary
in testing sewers and other wastewater facilities. The
Contractor shall furnish all tools, labor and assistance
necessary for such tests.
Section 13.08.050
SEWER SERVICE REQUIRED
All buildings which contain any plumbing fixtures and for
which, in the opinion of the Director, service via the public
sewer system is reasonably feasible, must be connected to the
public sewer system.
Section 13.08.060
SEWER CONNECTIONS AND SEWER LATERALS - WORK
TO BE DONE BY CITY
All sewer connections and all sewer lateral installations
within public right-of-way shall be done by the City or its
authorized agents.
Section 13.08.070
LIMITATIONS ON POINT OF DISCHARGE
No person shall discharge any substance(s) directly into a
manhole or other opening in a public sewer other than through an
approved sewer connection.
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6/7/91 -- 16 -- Final
section 13.08.080
LOCATION OF SEWER CONNECTION - AUTHORITY OF
DIRECTOR TO DESIGNATE
The Director shall have the authority to designate the
public sewer to which any building shall be connected,
considering all engineering factors and all outstanding financial
obligations, and the owner of any building may be required to
install pumps or ejectors to discharge part of or all sewage into
the public sewer designated by the Director.
Section 13.08.090
SEPARATE SEWER LATERAL REQUIRED AND ALLOWABLE
DEVIATIONS
Every building or parcel in need of sewer service shall be
served by a separate and individual sewer lateral. Deviations
from this requirement may be granted by the Director after plans
have been submitted to and approved by the Building and Housing
Department and the Public Worked Department Engineering Division
and it has been determined that the deviation will provide a
practical sewage disposal system and will not impose a financial
burden upon the City or relieve the property owner(s) from any
financial obligation in connection with the cost of public sewer
or other sewerage facilities designed to provide sewer service to
the subject building(s) or parcel(s). The Director may authorize
use of the same sewer lateral in any of the following
circumstances of deviation:
A. Where more than one building is situated upon the same
parcel, all of which are owned by the same person, and said
parcel may not legally be split or subdivided, or said owner
agrees in a written instrument suitable for recordation that all
of said parcel will be held under the same ownership as long as
independent sewer laterals are not provided;
B. Where public school districts, governmental agencies or
large commercial or industrial installations are involved;
C. Where two or more parcels are involved; provided that a
written agreement concerning use of the lateral and requiring
private responsibility for the future costs of maintenance and
repair of the lateral has been filed with the Director, fully
executed and in a form suitable for recordation.
Section 13.08.100
REUSE OF OLD SEWER LATERALS
-No new building or other structure shall be provided sewer
service via a previously used sewer lateral within public right-
Of-way unless such used lateral has been inspected and approved
in writing by the Director.
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6/7/91 -- 17 -- Final
section 13.08.110
OCCUPANCY OF PREMISES WITH UNAPPROVED SEWER
LATERAL
It is unlawful for any person to use or occupy any building
until the sewer lateral and building sewer serving such building
has been inspected and approved by the Director and the Director
of Building and Housing, or their duly authorized
representatives, and a Certificate of Occupancy or final
inspection approval has been issued.
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6/7/91 -- 18 -- Final
CHAPTER 13.10
INDUSTRIAL WASTEWATER
section 13.10.010
REQUIRED
INDUSTRIAL WASTEWATER DISCHARGE - PERMIT
No person shall discharge industrial wastewater into the
Wastewater System or Facilities without a permit (Permit for
Industrial Wastewater Discharge) issued therefor by the Director.
Section 13.10.020
PERMIT APPLICATION
A. Persons seeking an Industrial Wastewater Discharge
Permit shall complete and file with the Director an application
in the form prescribed by the Director and accompanied by the
applicable fees as set forth in the Master Fee Schedule as
modified from time to time by Resolution of the City Council.
The technical data submitted shall be projected or actual,
dependent upon applicable circumstance. The applicant may be
required to submit, in units and terms appropriate for
evaluation, the following information:
1. Name, address and Standard Industrial
Classification number of applicant;
2. Volume of wastewater to be discharged;
3. Wastewater constituents and characteristics
including but not necessarily limited to those
mentioned in Section 13.12.010 entitled
"Prohibited Discharges," all as determined by a
laboratory approved by the City;
4. Time and duration of discharge;
5. Average and 30-minute peak wastewater flow rates,
including daily, monthly and seasonal variation if
any;
6. Description of activities, facilities and plant
processes on the premises including all materials
which are or could be discharged;
7. Plans or diagrams depicting location of on-site
sewer lines pumping stations and any reclamation
or pre-treatment facilities.
8. Time of food preparation operations (only required
for Food Establishments).
9. Description of food preparation, type, number of
meals served, cleanup procedures, dining room
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6/7/9~:!'I9 -- Final
capacity, number of employees and number of
fixtures (only required Food Establishments).
10. Any other information as may be deemed by the
Director to be necessary to evaluate the permit
application.
B. The Director will review the data furnished by the
applicant and may require submission of additional information,
and may require approval by other concerned city departments.
After review and acceptance of the data furnished an on-site
inspection of the site and/or the industrial wastewater discharge
system or other systems or processes relating to the industrial
wastewater discharge may be required.
section 13.10.030
INDUSTRIAL WASTEWATER DISCHARGE PERMIT -
ISSUANCE STANDARDS
An Industrial Wastewater Discharge Permit shall be issued
only if the Director concludes from the information provided in
the application, any additional required information, and/or site
inspection, that the permitted discharge will not:
A. be in violation of Section 13.12.010.
B. damage the Wastewater System or Facilities.
C. impose unreasonable collection, treatment or disposal
costs on the City.
D. interfere with wastewater treatment or reclamation
processes.
E. be in violation of the Federal Water Pollution Control
Act, the Federal Clean Water Act and California
regulatory agencies requirements.
F. be in violation of the requirements of applicable
interagency agreements to which the City is signatory.
G. detrimentally affect the local environment.
Section 13.10.040
INDUSTRIAL WASTEWATER DISCHARGE PERMITS -
APPROVAL - CONTENTS - DISPLAY
-A. The Director shall approve issuance' of an Industrial
Wastewater Discharge Permit when the application therefor is in
full conformity with Sections 13.10.020 and 13.10.030.
B. The Director may conditionally approve the permit. The
Industrial Wastewater Discharge Permit may include quantity or
quality restrictions, submission of periodic reports, pre-
treatment of industrial wastewaters before discharge, restriction
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6/7/91 -- 20 -- Final
of peak flow discharges, discharge of certain wastewaters only to
specified sewers of the city, relocation of point of discharge,
prohibition of discharge of certain wastewater components,
installation of monitoring and/or metering facilities,
restriction of discharge to certain hours of the day, payment of
additional charges to defray increased costs of the City created
by the wastewater discharge, repayment of costs incurred by the
City (relative to compliance tests, violations of the terms of
the permit, non-routine inspections and administrative
activities) and such other conditions as may be required to
effectuate the purpose of this Title.
C. The Industrial Wastewater Discharge Permit shall
specify what discharges are permitted, any conditions imposed,
and that it is issued subject to all provisions of this Title and
all other regulations, user charges and fees established from
time to time by ordinance or resolution of the City Council, as
well as reimbursement of enforcement costs incurred by the City.
D. The permittee shall promptly post and continuously
display the Permit, or accurate and complete copies thereof, at
such bulletin board or other prominent place or places as to
assure its availability to persons associated with the industrial
wastewater discharge system or other systems or processes
relating to the permitted industrial wastewater discharge.
Section 13.10.050
DURATION OF INDUSTRIAL WASTEWATER DISCHARGE
PERMITS
A. Permits shall be issued for a specified time period,
not to exceed five (5) years. A permit may be issued for a
period less than a year or may be stated to expire on a specific
date.
B. Multi-year permits for all years other than the first
year shall be subject to submission of a renewal request and
payment of an annual permit fee thirty days prior to the annual
anniversary date of permit issuance. Single-year and the last
year of multi-year permits expire on the date specified and
therefore require submission of a new application for an
Industrial Wastewater Discharge Permit and payment of the
appropriate permit fee at least thirty days prior to the permit
expiration date if the permit holder desires to continue
operations.
C. Any permit for which appropriate application or renewal
forms and annual permit fees (for mUlti-year permits) have not
been received by the expiration or anniversary date, as
appropriate, shall be considered expired or abandoned, and the
Director shall take appropriate enforcement action.
Section 13.10.060
AMENDED PERMITS-FEE
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6/7/91 -- 21 -- Final
In addition to amended permits issued upon application of
the permit holder, any Industrial Wastewater Discharge Permit
shall be subject to amendment by the Director at any time during
the life of the permit for any of the following reasons:
A. Existence of flows, concentrations or facilities not in
conformance with the permit.
B. Changes in state or Federal regulations.
C. Imposition of mass discharge limits.
D. Modifications to the list of prohibited discharges as
shown in section 13.12.010.
The Director shall issue an amended permit with such
conditions as appropriate. No fee shall be charged for issuance
of an amended permit pursuant to items B, C or D above. The fee
for an amended permit initiated by a permittee, or by the
Director necessitated by conditions described in item A above,
shall be in the amount set forth in the Master Fee Schedule and
paid by the holder of the permit. Any changes or new conditions
in a permit shall include a specified reasonable time schedule
for compliance.
section 13.10.070
TRANSFER OF AN INDUSTRIAL WASTEWATER
DISCHARGE PERMIT OR CHANGED USE
Each Industrial Wastewater Discharge Permit shall be issued
to a specific permittee for a specific location, specific use and
specific operation. Any sale, lease, transfer or assignment of
the premises or operation for which the permit was issued shall
require notice to the City and City approval which shall not be
unreasonably withheld. If the current operator, or, upon sale,
lease, transfer or assignment, the new operator, changes any
condition of operation, an amended permit shall first be applied
for and obtained.
section 13.10.080
REVOCATION OF INDUSTRIAL WASTEWATER DISCHARGE
PERMIT
A. The Director may revoke the permit of any permittee who
is found to be in violation of this chapter, or any applicable
local, State or Federal law or regulation, or who:
1.
Fails to factually report the wastewater
constituents and characteristics of its discharge;
2.
Fails to report significant changes in operations
or wastewater constituents and characteristics;
3.
Refuses reasonable access to the permittee's
premises for the purpose of inspection or
monitoring;
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6/7/91 -- 22 -- Final
4. Fails to pay for other than the first year of a
mUlti-year permit, appropriate charges, fees and
reimbursements within thirty (30) days prior to
the annual anniversary date of permit issuance.
5. Fails to pay compliance costs within thirty (30)
days following billing.
6. Causes or threatens to cause a condition of
contamination, pollution, or nuisance;
7. Fails to install grease pretreatment devices as
required by the permit (re food establishments).
8. Fails to fulfill reporting requirements or
pretreatment maintenance as required by the permit
(re food establishments).
9. violates any condition of the permit; or
10. Transmits false information relative to its
operations or discharge.
B. The Director shall give the permittee written notice of
intention to revoke the permit in accordance with the procedure
set forth in section 13.06.110.
Section 13.10.090
MASS DISCHARGE LIMITS
The Director shall have the right to impose mass discharge
limits in lieu of, or in conjunction with concentration discharge
limits. Any such modifications shall be in writing and shall be
incorporated into amended Industrial Wastewater Discharge
Permits.
Section 13.10.100
PERMIT CONDITIONS, SUPPLEMENTAL REPORTS
The Director may at any time, with reasonable notice,
require submission of data and/or information in addition to that
required in the permit application or upon the permit. Such
supplemental report may include but not be limited to changes in
nature of process, volume, hourly rates of flow, mass emission
rate, production quantities, hours of operation or other
information which relates to the generation of waste, including
specified constituents and characteristics of the wastewater
discharge. Such report may also include the chemical
constituents and quantity of liquid or gaseous materials stored
on site even though they may not normally be discharged.
Section 13.10.110
SUPPLEMENTAL SAMPLING AND MONITORING
REQUIREMENTS
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A. The Director may at any time with reasonable notice
require permittees to provide results of periodic measurements of
its discharge which include chemical analyses and/or flow. The
Director may require a sampling and/or a monitoring facility to
be furnished and operated at permittee's expense.
B. All permittees required to provide a monitoring
facility shall furnish and install at an appropriate location a
calibrated flume, weir, flow meter or similar device approved by
the Director suitable to measure flow rate and total volume. In
lieu of wastewater flow measurement and when deemed appropriate,
the Director may accept records of periodic water meter readings
and adjust the flow volume by suitable factors to determine peak
and average flow rates for the specific industrial wastewater
discharge.
C. The sampling and/or monitoring facility should normally
be situated on. the permittee's premises, but the Director may,
when such a location would be impractical or cause undue hardship
on the user, by encroachment permit separately applied for, allow
the facility to be constructed in the public street or sidewalk
area and located so that it will not be obstructed by landscaping
or parked vehicles.
D. Whether constructed on public or private property, the
sampling and monitoring facilities shall be provided in
accordance with the Director's requirements and shall be
completed within 90 days following written notification by the
Director unless a time extension is granted by the Director.
E. Those permittees required by the Director to make
periodic measurements of industrial wastewater flows and
constituents shall annually make the number of such periodic
measurements as required in the permit.
F. When required by the Director, permittees shall install
and maintain in proper order automatic flow-proportional sampling
equipment and/or automatic analysis and recording equipment.
G. Permittees shall allow the City or its representatives
ready access at all reasonable times to all parts of the premises
for purposes of sampling or in the performance of any of their
duties. The Director shall have the right to set up on the
permittee's property such devices as are necessary to conduct
sampling or metering operations. Where a permittee has security
measures in force, the permittee shall make the necessary
arraRgements with their security guards so that upon presentation
of suitable identification, personnel of the City shall be
permitted to enter without delay.
H. All sampling, analysis and flow measurement procedures,
equipment, results and records shall be subject at any time to
inspection by the Director.
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6/7/91 -- 24 -- Final
Section 13.10.120
COMPLIANCE COSTS
INDUSTRIAL WASTEWATER DISCHARGE PERMIT
A. Persons discharging industrial wastewater to a pUblic
sewer without a Permit for Industrial Wastewater Discharge and
persons whose discharge is not in conformity with the conditions
of such a Permit shall pay for all actual costs incurred by the
City in order to bring them into compliance with this chapter
and/or conditions of the permit.
Payment of compliance costs, if required, is in
addition to the annual Industrial Wastewater Discharge Permit
fee. Compliance costs shall be paid within thirty (30) days
following billing. Non-payment of total charges within the
specified period will constitute grounds for revocation of a
permit and termination of sewer service in accordance with
Sections 13.06.100 and 13.10.070.
B. Costs will include but not be limited to those for the
following:
1. site inspection/investigation
2. Monitoring and sampling
3. Laboratory analyses
4. Hearings and other compliance meetings
5. Equipment and transportation
6. Management and overhead
7. Issuance of Notices of Violations and other
pertinent correspondence.
Section 13.10.130
PRE-TREATMENT, GENERAL
A. Permittees shall make wastewater acceptable under the
limitations established herein before discharging to any public
sewer. Any facilities required to pre-treat wastewater to a
level acceptable to the Director shall be provided and maintained
at the permittee's sole expense. Detailed plans, compliance
schedules and operating procedures shall be submitted to the
Director for review and shall be approved by the Director before
construction of the facility. The review of such plans and
operating procedures will in no way relieve the permittee from
the responsibility of modifying the facility as necessary to
produce an effluent acceptable under the provisions of this Title
and the Industrial Wastewater Discharge Permit. Any subsequent
changes in the pre-treatment facilities or method of operation
shall be reported to and be approved by the Director. No
permittee shall increase the use of process water or, in any way,
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6/7/91 -- 25 -- Final
attempt to dilute a discharge (except as allowed by Federal Pre-
treatment standards) as a partial or complete substitute for
adequate treatment to achieve compliance with any local, state or
Federal discharge standard.
B. The Director shall have the authority in negotiation
with any industrial permittee, to impose compliance schedules
relating to installation of specific pre-treatment equipment,
filing of reports and achievement of specific discharge
conditions including target parameter concentrations.
C. Pre-treated wastewater shall conform to categorical
pre-treatment standards promulgated by the U. S. Environmental
Protection Agency (EPA) under the authority of the Clean Water
Act, Sections 307(b) and (c).
Section 13.10.140
PRETREATMENT-INDUSTRIAL WASTEWATER FACILITIES
- APPROVAL OF PLANS AND ISSUANCE OF PERMITS
A. The applicant shall submit to the Director and to the
Director of Building and Housing for approval, such construction
plans and specifications and other details as required to fully
describe the proposed industrial wastewater pretreatment
facility. The plans shall have been prepared under the
supervision of and shall be signed by an engineer of suitable
training registered in the State of California.
B. The Director will approve plans for industrial
wastewater facilities construction, issue a Permit for Industrial
Wastewater Discharge or any other permit under this Code only if
it appears to the Director that the proposed industrial
wastewater facilities and the industrial wastewater discharge
conform to the requirements of this Title. The Director of
Building and Housing will approve plans for industrial wastewater
facilities construction, issue a building or any other permit
under this Code only if it appears to the Director of Building
and Housing that the proposed construction conforms to the
appropriate construction codes adopted by the City.
C.
approval
Title.
All required fees and charges shall be paid before
of plans or issuance of any permit required under this
D. The approval of plans or the issuance of a permit shall
not relieve the discharger of any duty imposed upon such
permittee by this Title.
section 13.10.150
PRETREATMENT - GREASE - FOOD ESTABLISHMENTS
A. All Food Establishments shall install a Grease
Pretreatment Device in the waste line leading from the food
preparation area, or from sinks, drains, appliances and other
fixtures or equipment used in food preparation or cleanup to
where grease may be introduced into the sewerage system. Such
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6/7/91 -- 26 -- Final
grease pretreatment devices shall be installed to remove grease
from wastewater and shall be maintained in efficient operating
condition by periodic removal of the accumulated grease. No such
collected grease shall be introduced into any drainage piping or
public sewer.
B. All Food Establishments shall also provide a collection
drum or container for the purpose of physically segregating oils,
greases and greasy solids. Food Establishments shall establish
procedures for personnel to practice maximum segregation of oils,
greases and greasy solids to the collection drum or container
prior to washing and other cleaning which goes into sewer. Food
Establishments shall properly remove and appropriately dispose of
the material captured from grease pretreatment devices on
wastewater lines and the collection drums for segregating oils,
greases and greasy solids.
section 13.10.160
MAINTENANCE REPORTS, FOOD ESTABLISHMENTS
Food Establishments shall keep records of grease
pretreatment device cleaning, maintenance and grease removal and
report on such maintenance to the Director at the times and in
the manner specified in their permits. The Director may also
require the permittee to provide periodic measurements of its
discharge, including chemical analysis of oil and grease content.
Section 13.10.170
PROTECTION FROM ACCIDENTAL DISCHARGE
A. Each permittee shall provide protection from accidental
discharges of materials prohibited by Section 13.12.010.
Permittees shall provide and maintain facilities to prevent
accidental prohibited discharge at the permittee's own cost and
expense. Plans and specifications for such facilities shall be
subject to review and approved by the Director.
B. In the case of an accidental prohibited discharge, the
permittee shall:
1. Immediately notify both the Director and the City
of San Diego Water utilities Department Industrial
Waste Program (San Diego) of the incident. The
notification shall include: location of discharge,
type of waste, concentration and volume, and
corrective actions.
2. Within five (5) days following an accidental
discharge, submit to the Director and to San Diego
a detailed written report describing the cause of
the discharge and the measures to be taken by the
permittee to prevent similar future occurrences.
Such notification shall not relieve the permittee
of any expense, loss, damages or other liability
which may be incurred as a result of damage to any
wastewater systems, fish kills or any other damage
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6/7/91 -- 27 -- Final
to persons or property; nor shall such
notification relieve the permittee of any fines,
civil penalties or other liability which may be
imposed by this Title or other applicable law.
3. Cause a notice to be permanently posted on the
permittee's bulletin board or other prominent
place prominently displaying for employees the
names and telephone numbers to call in the event
of an accidental prohibited discharge. Permittees
shall ensure that all employees who may cause,
allow or observe such an accidental discharge to
occur are properly trained regarding compliance
with the emergency notification procedures.
Section 13.10.180
LIMITATIONS ON THE USE OF GARBAGE GRINDERS
Matter from domestic, commercial, or industrial garbage
grinders shall not be discharged into the Wastewater System or
Facilities. However, matter generated by garbage grinders in the
preparation of food normally consumed on the premises is excepted
from this prohibition. Additionally, if the permittee has
obtained a permit for that specific use from the Director and
agrees to undertake whatever self-monitoring is required enable
the Director to equitably determine the sewer service charges
based on the waste constituents and characteristics, such matter
is also excepted. Such grinders must shred the waste to a degree
that all particles will be carried freely under the flow
condition normally prevailing in the public sewer. It is
unlawful to use a garbage grinder for grinding plastic, paper
products, inert materials or garden refuse.
section 13.10.190
AVAILABILITY OF THE CITY'S WASTEWATER
FACILITIES
If wastewater facilities capacity is not available, the
Director may require the Industrial Wastewater Discharger
Permittee to restrict discharge until sufficient capacity can be
made available. When requested, the Director will advise persons
who desire to locate new facilities as to which areas within the
Wastewater System where industrial wastewater of the requestor's
proposed quantity and quality are expected to have sufficient
capacity. The Director may refuse sewer service to persons
locating facilities in areas where their proposed quantity or
quality of industrial wastewater is unacceptable for the
available Wastewater System or Facility.
section 13.10.200
RECORDS RETENTION
All permittees subject to this chapter of this Title shall
retain and preserve for not less than three (3) years, any
records, books, documents, memoranda, reports, correspondence and
any and all summaries thereof, relating to monitoring, sampling
and chemical analyses made by or on behalf of a permittee in
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6/7/91 -- 28 -- Final
connection with its discharge. All records which pertain to
matters which are the subject of administrative action or any
other enforcement or litigation activities brought by the City
shall be retained and preserved by the permittee until all
enforcement activities have concluded and all periods of
limitation with respect to any and all appeals have expired.
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6/7/91 -- 29 -- Final
CHAPTER 13.12
UNLAWFUL DISCHARGES TO THE WASTEWATER SYSTEM
Section 13.12.010
PROHIBITED DISCHARGES
A. Prohibited discharges shall include, but not be limited
to, those containing constituents enumerated in this Section.
Such prohibitions are applicable to all users of the wastewater
system. Any constituent not listed herein may be added by
regulation or other prohibition promulgated by the Director based
on results of technical determinations, the actions of regulatory
agencies, the projected impact of the constituent upon the
wastewater system, and the capacity of wastewater treatment
facilities to accommodate such constituent.
B. No person whether or not a permittee, shall discharge
or cause to be discharged directly or indirectly into a sewer
lateral or into the Wastewater System or Facilities, the
following:
1. Any gasoline, benzene, naphtha, solvent, fuel oil
or any liquid, solid or gas that would cause or
tend to ~ause flammable or explosive conditions to
result in the wastewater system.
2. Any matter containing toxic or poisonous solids,
liquids or gases in such quantities that, alone or
in combination with other substances, may create a
health hazard for humans, animals or the local
environment, interfere detrimentally with
wastewater treatment processes, cause a public
nuisance, or cause any hazardous condition to
occur in the wastewater system.
3. Any matter having a pH lower than 5.0 or greater
than 11.0 or having any corrosive or detrimental
characteristic that may cause injury to wastewater
treatment or maintenance personnel or may cause
damage to structures, equipment or other physical
facilities of the wastewater system.
4. Any solids or viscous substances or other matter
of such quality, size or quantity that they may
cause obstruction to flow in the sewer or be
detrimental to proper wastewater treatment plant
operations. These objectionable substances
include, but are not limited to, asphalt, dead
animals, offal, ashes, sand, mud, straw,
industrial process shavings, metal, glass, rags,
feathers, tar, wood, whole blood, paunch manure,
bones, hair and fleshings, entrails, fatty acids,
grease and oil, paper dishes, paper cups, milk
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6/7/91 -- 30 -- Final
containers, or other similar paper products,
either whole or ground.
5. Any rainwater, storm water, ground water, street
drainage, subsurface drainage, roof drainage, yard
drainage, water from yard fountains, ponds or lawn
sprays or any other uncontaminated water.
6. Any matter having a temperature higher than 150
degrees Fahrenheit (65 degrees Celsius), or at a
temperature which causes the influent to the waste
treatment plant to exceed 104 degrees Fahrenheit
(40 degrees Celsius).
7. Any matter containing more than 500 mg/1 of oil or
grease.
8. Any strongly odorous matter or matter tending to
create odors.
9. Any matter containing over 1.0 mg/1 of dissolved
sulfides.
10. Any matter with a pH high enough to cause alkaline
incrustations on sewer walls.
11. Any matter promoting or causing the promotion of
toxic gases.
12. Any matter requiring an excessive quantity of
chlorine or other chemical compound used for
disinfection purposes.
13. Any excessive amounts of deionized water, steam
condensate, distilled water or single pass cooling
water.
14. Any radioactive matter, except:
a. When the person is authorized to use
radioactive materials by the state Department
of Health or other governmental agency
empowered to regulate the use of radioactive
materials, and
b. When the matter is discharged in strict
conformity with current California Radiation
Control Regulations (California
Administrative Code, Title 17), and the
Nuclear Regulatory Commission regulations and
recommendations for safe disposal, and
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6/7/91 -- 31 -- Final
c. When the person is in compliance with all
rules and regulations of all other applicable
regulatory agencies
15. Any matter producing excessive discoloration of
the wastewater treatment plant effluent.
16. Any toxic materials including, but not limited to,
all heavy metals, cyanide, phenols, chlorinated
hydrocarbons and other organic compounds unless
limited to that concentration which complies with
all local, state and Federal discharge
limitations, and which does not interfere with the
operation of the wastewater facilities.
17. Any substance, liquid, gas or solid waste which
would cause a public nuisance or hazard to life,
or would be deleterious to the operation of
wastewater facilities or to the waters receiving
the discharge of the wastewater facilities.
18. Any cesspool or septic tank wastes.
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6/7/91 -- 32 -- Final
CHAPTER 13.14
FEES
section 13.14.010
FEES - RECORD TO BE KEPT
The Director shall keep a permanent and accurate record of
the amount, source, parcel, and purpose for all payments received
under the provisions of this chapter.
Section 13.14.020
FEES - SEWER CONSTRUCTION PERMIT FOR
INSTALLATIONS WITHIN PUBLIC RIGHT-OF-WAY
The applicant for a permit to construct a sewer lateral
within the public right-of-way shall pay to the City the fee as
presently designated or as may be amended in the future, in the
Master Fee Schedule.
Section 13.14.030
CONNECTION TO PUBLIC SEWER - FEE
A. Any person applying for a permit to develop or modify
the use of any parcel shall provide sewer service capability to
that parcel at the property owner's expense. Where the owner
constructs, or contributes toward the costs of construction an
amount in excess of the amount commensurate with the benefits to
be received, as determined by the Director, the City may enter
into a Reimbursement Agreement with such person.
B. Any person desiring to connect, directly or indirectly,
any parcel or any building thereon to any public sewer which has
been constructed at no cost to the parcel to be connected, shall
pay a one-time Sewer Connection Fee to the City in the amount as
presently designated, or as may be amended in the future, in the
Master Fee Schedule adopted by the City Council pursuant to and
in accordance with the procedures set forth in Government Code
section 66016. All revenue derived from such fees shall be
deposited in the Sewer Income Fund. The amount of such fee
shall be determined by one of the following methods of
calculation:
1. General Front Footage
2. Other reasonable method as determined by Council
resolution
3. Reimbursement Agreement
Section 13.14.040
PUBLIC SEWER CONNECTION FEE- METHODS OF
CALCULATION
The Director may issue a permit to make connection to the
public sewer system upon payment of all fees required by
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6/7/91 -- 33 -- Final
ordinances and resolutions of the City including the sewer
connection fee calculated on the basis of either:
A. General Front Footage: In the absence of a valid
applicable Reimbursement Contract for repayment of costs involved
in constructing public sewer facilities, the payment of the fee
as set forth in the Master Fee Schedule per front foot of the
parcel sought to be connected. However, such front foot fee shall
not be imposed upon a person who constructed or paid for the
construction of the public sewer into which connection is
sought; or
B. Special Circumstances: Whenever the city Council, on
recommendation of the Director, determines that any public sewer
benefits property which does not front upon such sewer, or where
property does face upon a sewer, but where the shape of the
property is other than the usual rectangular shape or where it is
unusual in area, or where for any other reason the strict
adherence to the front foot charge provided in paragraph A of
this section would require a property owner to pay an amount not
commensurate with the benefits to be received, the city council
may, by resolution, determine the amount of money which such
property or any unit portion thereof shall pay, in addition to
and prior to the payment of other permit and connection fees.
Such resolution shall take into consideration any contributions
made by a property owner toward the cost of the construction of
the sewer line in arriving at the amount of money to be paid by
such property owner.
Prior to the adoption of such resolution, the Director
may allow a property owner to make use of such sewer facilities
upon the owner guaranteeing to pay the amount to be provided in
such resolution, and upon the deposit of an amount of money
estimated by the Director to be adequate, as a guarantee of the
payment of the amount to be provided in the resolution; or
C. Reimbursement Agreement: The city may choose to enter
into Reimbursement Agreements with persons, whether subdividers
or not, who have constructed public sewer facilities with their
own money and which facilities benefitted property the owners of
which did not contribute to the construction of such facilities.
Any such property owner desiring to be connected to any such
public sewer facility, if such property or the owner thereof did
not contribute toward the cost of the construction, shall not be
permitted to connect without first paying the fee established in
the applicable Reimbursement Agreement on file in the Office of
the Birector.
Section 13.14.050
PUBLIC SEWER CONNECTION FEE - REIMBURSEMENT
AGREEMENT - COLLECTION BY CITY
The City shall endeavor to collect the charges set forth in
the various Reimbursement Agreements on file in the Office of the
Director and cause the sum so collected, less city expense as set
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6/7/91 -- 34 -- Final
forth in the contract, to be reimbursed as provided in this
chapter, but it shall not be liable for any failure to make such
collection or reimbursement, and such obligation to collect such
charges shall terminate six years from the date the sewer
facility is accepted as being completed by the City, except as
may be provided hereinafter in this Chapter.
section 13.14.060
PUBLIC SEWER CONNECTION FEE - REIMBURSEMENT
AGREEMENT - OBLIGATION OF OWNER TO CLAIM
MONEY - FORFEIT WHEN
It shall be the obligation of the person, whether a
subdivider or not, to inquire of the City whether any such
amounts have been paid into the City by a property owner who did
not previously contribute toward the cost of the construction of
the sewer facilities. If any such money remains on deposit with
the City without being claimed by the party rightfully entitled
to it within one year it is deposited, such money shall be
forfeited to the City, and then it shall be transferred to the
Sewer Income Fund of the city.
Section 13.14.070
PUBLIC SEWER CONNECTION FEE - REIMBURSEMENT
AGREEMENT - SEWER FACILITIES OF SPECIAL
IMPORTANCE - ADDITIONAL SPECIFICATIONS ON
CHARGES
If the City Council finds that a particular sewer facility
is of special public interest because of its major importance to
the City, it may, notwithstanding any other provision of this
article allow, by resolution, the following:
A. Time for reimbursement: That the right to
reimbursement for any subdivider, or for any individual, firm or
corporation, as contemplated in this chapter, may be extended up
to twenty years from the date of that the sewer facility is
accepted as being completed by the City;
B. Interest added to charge: That, up to seven percent
per year of the amount of the charge may be added thereto, but,
however, only for the period fixed pursuant to the preceding
paragraph and the person who is entitled to reimbursement as
contemplated in this chapter shall be entitled to receive such
charge and the interest paid thereon. Interest shall be computed
on a quarterly basis, and it shall be computed up to but not
including the quarter in which payment of such charge is paid.
Section 13.14.080
PUBLIC SEWER CONNECTION FEE- REIMBURSEMENT
AGREEMENT- LIABILITY FOR FUTURE CHARGES NOT
RELIEVED
In the event that any parcel for which a Public Sewer
Reimbursement Agreement Fee has been paid receives additional
benefit from any public sewer in the collection system of the
City, the payment of such fee shall not relieve the parcel owner
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6/7/91 -- 35 -- Final
from payment for such additional benefit, nor shall the property
be relieved from the levy of a special assessment under any
special assessment statute of the state for such additional
benefit.
Section 13.14.090
SEWER CAPACITY CHARGE
A. The owner or person making application for a permit to
develop or modify use of any residential, commercial, industrial
or other property which is projected by the Director to increase
the volume of flow in the City sewer system by at least one-half
of one equivalent dwelling unit of flow shall pay a Sewer
Capacity Charge. All revenue derived from such fees shall be
deposited in the Trunk Sewer Capital Reserve Fund. The amount of
such charge shall be the amount presently designated in the
Master Fee Schedule, or as amended by the City Council pursuant
to and in accordance with the procedures set forth in Government
Code section 66016.
B. One equivalent dwelling unit (EDU) of flow is defined
to be 265 gallons per day of sewage generation. The fee for
property involving a modification in use shall reflect only the
increase in sewage generation projected from that property. The
following rates of flow for various land uses shall be utilized
in determining the total fee due for any given property:
Land Use
EDUs of
Flow
Single family residence
Apartment/Condominium living unit
Hospital bed
Mobile Home
Motel, hotel living unit
Church, theater, auditorium
Per each unit of seating capacity
(One unit being 110 persons or
any fraction thereof)
Restaurant
(2.67 plus seating allocation of
1.0 for each 10 seats or fraction
thereof)
1.0
0.75
1.0
1.0
.33
1.0
1.0
Service station
Self service laundry - per washer
Other (see below)
In the case of commercial, industrial and other
developments not included above, the number of equivalent
dwelling units of flow shall be determined in each case by the
Director and shall be based upon the estimated volume of sewage
to be discharged into the City sewer system. The flow rate for
property involving a modification in land use shall reflect only
2.67 +
variable
2.50
.75
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6/7/91 -- 36 -- Final
the increase in sewage generation project from that property
which exceeds .50 equivalent dwelling units of flow.
section 13.14.100
SEWAGE PUMP STATION CHARGE - DISPOSITION OF
REVENUE - DETERMINATION OF CHARGES
A. The owner or occupant of any parcel of real property
connected to a sewage pump station which is a part of the
wastewater system of the City and situated within a Special Sewer
Service Rate Area established by the City Council shall pay a
Sewage Pump Station Charge in the amount set forth in the
ordinance establishing such Area, or as amended by the City
Council from time to time, as designated for administrative
convenience only in the Master Fee Schedule.
B. All revenue derived from sewage pump station charges
shall be deposited into the separate fund deemed appropriate by
the Director of Finance.
C. Sewage pump station charges shall be based upon actual
labor, material, equipment, energy and overhead costs experienced
by the City relative to each sewage pump station except for
first-year costs which shall be estimated by the Director.
Distribution of sewage lift station costs amoung benefitted
parcels shall be as specified in the ordinance establishing the
Area, as reflected for administrative convenience only in the
Master Fee Schedule.
section 13.14.110
SEWER SERVICE CHARGES DESIGNATED - PAYMENT
REQUIRED - DOMESTIC PURPOSES DEFINED
A. In addition to other fees, assessments or charges
provided by the City Code or otherwise, the owner or occupant of
any parcel of real property which said parcel is connected to the
sewer system of the City and to water system maintained by the
Sweetwater Authority, the Otay Water District or the California -
American Water Company shall pay a Sewer Service Charge in the
amount presently designated in the Master Fee Schedule, or as
amended by the City Council pursuant to and in accordance with
the procedures set forth in Government Code Section 66018.
B. All revenue derived from such charges shall be deposited
into the Sewer Income Fund.
-C. For the purpose of this section, real property shall be
deemed to be used for domestic purposes when such property is
used solely for single-family residences or the furnishing of
lodging by the operation of hotels, auto courts, apartment
houses, bungalow courts, housing units, roominghouses, motels,
trailer parks, or the rental of property for lodging purposes.
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6/7/91 -- 37 -- Final
D. Sewer service charges to users in the Montgomery
Annexation Area shall be collected in the form of annual charges
via property tax bills prepared by the San Diego County Assessor
through the end of '91-'92 fiscal year. Montgomery Area charges
shall be comparable to those of the remainder of the city, after
credit for unused reserve monies, acquired by the City during the
Area annexation process, has been applied. Beginning July 1,
1992, sewer service charges for the Montgomery Annexation area
shall be billed and collected in the same manner as in the rest
of the city.
Section 13.14.120 Reduced sewer service charges permitted when-
application-contents-refunds-fees
A. The Director of Finance shall have the authority to
certify eligibility for a reduced sewer service charge, in the
amount of seventy percent (70%) of the rate charged other
residential users, upon investigation, or upon application by the
occupant of a single family residence, apartment, condominium or
mobilehome when the occupant:
1. Meets the low income eligibility criteria set forth
in the Master Fee Schedule, or
2. Provides proof of payment of a monthly sewer charge
greater than the minimum sewer service charge as set
forth in the Master Fee Schedule.
B. The occupant of premises subject to a sewer charge may
request a reduced sewer service charge by filing a completed City
application form. The applicant shall furnish data regarding the
type of unit, number of people in the household and proof of
total annual income (gross) of the household. Application forms
may be obtained from the city's Finance Department. Certification
of eligibility shall be annually established with the Director of
Finance.
C. Eligible occupants of single family homes subject to the
sewer service charge shall have the option of either requesting
an annual refund from the City or requesting the reduced sewer
charge be applied on the sewer billing as shown on the monthly or
bi-monthly water bills.
D. Residents of apartments, condominiums or mobilehomes who
are eligible for the reduced sewer service charge shall receive
the reduced sewer charge as an annual refund only.
E. Requests for annual refunds shall be made by eligible
households between August 1 and September 30 of each year for the
past fiscal year beginning in July and ending in June. The
applicant will be notified of eligibility status within thirty
(30) days of application and, if eligible, a refund shall be
forwarded within ninety (90) days of application.
~~q~
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6/7/91 -- 38 -- Final
F. Residents of the incorporated Montgomery District will
not be eligible for either refunds or a reduced sewer service
charge at the present time; they will, however, be eligible for
the reduced sewer service charge once they are subject to the
full sewer service charge set by the Master Fee Schedule because
the special supplement fund is exhausted.
Section 13.14.130
SEWER SERVICE CHARGE VARIANCES PERMITTED WHEN
- APPLICATION - CONTENTS - FEES
A. The City Manager shall have the power to establish
rules and regulations for the granting of variances from the
established sewer service charges provided such rules and
regulations shall be approved by resolution of the City Council.
The City Manager shall have the power to grant variances from
established sewer service charge billing categories upon receipt
of a variance application as hereinafter provided from the owner
or occupant of any premises, and one or more of the following
situations exist:
1. Where a non-residential user's wastewater contains
a total suspended solids concentration
sufficiently low as to qualify for a different
sewer service charge strength category.
2. Where a substantial portion of the premises of an
industrial or commercial establishment is used for
industrial, commercial, recreational,
horticultural or agricultural purposes of such a
nature that the water supplied to such premises is
not substantially discharged into the sewer
system.
B. The owner or occupant of any premises subject to the
sewer service charge may apply in writing to the City Manager for
a reclassification of such premises (variance) under the
provisions of subparagraphs A 1 or 2, above; provided, however,
that no rebate upon such reclassification shall be allowed for a
period more than ninety (90) days preceding the filing of such
application. The applicant shall furnish substantial engineering
and factual data to support the applicant's contention that the
premises should be reclassified as provided in this section.
c. The owner or occupant of any premises requesting a
variance from the sewer service charges pursuant to the
provisions of this section and the rules and regulations approved
by resolution of the City Council shall pay a fee as presently
designated, or as may in the future be amended, in the Master Fee
Schedule to cover the cost of investigation of said request;
provided, however, that no fee shall be charged for a request for
total exemption from the sewer service charge. In addition, a
special handling charge to cover the cost of billing and
~~q~
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6/7/91 -- 39 -- Final
inspections to be paid per billing may be established in the
resolution granting the variance.
section 13.14.140
SEWER SERVICE CHARGE EXEMPTIONS PERMITTED
WHEN - APPLICATION - CONTENTS
A. The Director shall have the power to certify exemption
from payment of sewer service charges either upon investigation
or upon receipt of application from the owner or occupant of any
premises, provided one or more of the following situations
exists:
1. Where a fire service connection to the water
system is installed;
2. Where the premises are not connected to the
wastewater system of the City;
3. When water is supplied to the premises through a
separate water meter measuring irrigation water
and that water is used entirely for irrigation
purposes.
B. The owner or occupant of any premises subject to the
sewer service charge may apply in writing to the Director for
exemption of such premises under the provisions of subsection A;
provided, however, that no rebate upon such exemption shall be
allowed for a period more than ninety days preceding the filing
of such application. The applicant shall furnish substantial
evidence to support the applicant's contention that the premises
should be exempted as provided in this section.
C. No fee shall be charged for a request for exemption
from the sewer service charge.
Section 13.14.150
PAYMENT OF SEWER SERVICE AND PUMP STATION
CHARGES - PENALTY FOR DELINQUENCY -
DISCONTINUANCE OF SERVICE - WHEN - UNLAWFUL
CONNECTION - BACKBILLING AND PENALTY
A. All sewer service and pump station operation and
maintenence charges , except those described in subsection F
hereinbelow, shall be computed upon a monthly or bi-monthly basis
as determined by the City or the serving water agency, and shall
be payable upon the billing of such charges to the owner or the
occupant.
B. The charges and the billing therefor may be combined
with other utility bills and separately designated.
C. If the sewer service and/or pump station charge for
users other than those described in subsection F, is not paid
t-,Vr-
~-V5-
6/7/91 -- 40 -- Final
before the close of business or postmarked before midnight of the
final date for payment as shown on the billing, a penalty of
twenty percent of the charge(s) shall be added thereto; 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.
D. In the event the owner or occupant of any premises
shall be delinquent in payment of the sewer service 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 service
to such delinquent owner or occupant, and sewer service shall not
again be supplied to such person until all delinquent sewer
service charges plus the penalties thereon as herein provided
have been paid. The sewer service charge may be collected by
suit in any court of competent jurisdiction or any other manner.
E. 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 service to such parcel or building as provided in section
13.06.110. Sewer service shall not again be supplied to such
parcel or building until all delinquent sewer service charges
which have been accumulated during the current ownership of the
parcel or building, plus a penalty of 20% of the delinquent sewer
service charge, has been paid.
F. Sewer service charges for users in the Montgomery
Annexation Area shall be collected in the form of annual charges
via property tax bills prepared by the San Diego County Assessor
through the end of 1991-1992 fiscal year. Montgomery Area
charges shall be comparable to those of the remainder of the
City, after credit for unused reserve monies, acquired by the
City during the Area annexation process, has been applied.
Beginning July 1, 1992, sewer service charges for the Montgomery
Annexation area shall be billed and collected in the same manner
as in the rest of the City.
Section 13.14.160
SEWER SERVICE DEPOSITS REQUIRED WHEN - AMOUNT
A. Guarantee deposits may be required from all applicants
for sewer service who are not the legal or equitable owners of
the property to be served, except applicants for domestic sewer
service.
-B. The City has the right to require deposits from the
owner or occupant of any premises who has allowed his bill for
sewer service charge to become delinquent or who does not have an
acceptable credit rating.
C. Deposits shall be equal to the estimated amount of
three months' sewer service charges, but in no event shall the
deposit be less than twenty-five dollars.
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6/7/91 -- 41 -- Final
section 13.14.170
INDUSTRIAL WASTEWATER DISCHARGE PERMITS -
FEES - COSTS INCLUDED IN FEES
A. Industrial Wastewater Discharge Permit fees and annual
renewal fees shall be based on the wastewater constituants and
characteristics of the discharges to the Wastewater System.
Industrial Wastewater Discharge Permit fees and annual renewal
fees shall be the amount designated in the Master Fee Schedule,
as amended by Council Resolution from time to time, pursuant to
and in accordance with the procedures set forth in Government
Code section 66018. All revenue derived from issuance or renewal
of Industrial Wastewater Discharge Permits shall be deposited
into the Sewer Service Revenue Fund.
B. The regular permit fee and annual renewal fee shall
include expenses incurred by the City for permit processing, data
evaluation, routine on-site inspections, monitoring, sampling or
chemical analysis whether performed by the city or other entity
acting in the city's behalf. Costs relative to permit violations
are NOT included in the annual permit fee and will be billed
separately in accordance with the provisions stated on the
permit, and/or section 13.10.130.
SECTION VIII. That a new Title 14 entitled " WATERCOURSES " is
added to the Chula vista Municipal Code.
SECTION IX. That Chapters 13.48, 13.52, 13.56, 13.60, 13.64,
and 13.68 of the Chula Vista Municipal Code are added to new
Title 14 and renumbered, respectively, Chapters 14.04, 14.06,
14.08, 14.10, 14.14 and 14.18.
SECTION X. Effective Date. This ordinance shall take effect
and be in full force on the thirtieth day from and after its
adoption.
Presented By
Approved as to form by
John P. Lippitt,
Director of Public Works
;.\,1,J-Y ~(.Nql
D. Richard Rud f
Asst. city Attorney
~
6/7/91 -- 42 -- Final
\
RESOLUTION NO.~
R SOLUTION OF THE CITY COUNCIL OF THE CITY OF
C LA VISTA AMENDING THE MASTER FEE SCHEDULE
TO KE TECHNICAL REORGANIZATIONAL CHANGES AND
ESTA ISH NEW INDUSTRIAL WASTEWATER DISCHARGE
PERMIT EES
The City Co
resolve as follows:
of Chula Vista does hereby
WHEREAS, on 18, 1991, the City Council adopted
Ordinance No. mak ing tructural changes to Ti tles 3, 13 and
14 of the Chula vista Munic al Code relating to sewer fees; and
WHEREAS, as a result f said ordinance, all fees
by the City relating to sewer are now found in a new
13.14, necessitating reorganiz tion and/or amendment
comparable sections in the Master ee Schedule; and
imposed
Chapter
of the
WHEREAS, the new ordina imposes new fees with
relation to industrial wastewater di harge permits necessitating
new provisions in the Master Fee Sche ule for the imposition of
said fees.
2. Section 3.20.022 is renumbered to Section
Council of
the Master
NOW, THEREFORE, BE IT RESOLVED t
the City of Chula Vista does hereby amen
Fee Schedule as follows:
1. Section 3.20.020 is renumbered to Section
3. Section 3.20.030 is renumbered to Section
4. Section 13.14.020 is renumbered to Section
5. Section 13.16.020 is renumbered to section
6. Section 13.16.170 is renumbered to Section 13.14.030.
7. Section 13.20.100 is repealed.
8. Section 13.20.110 is repealed.
9. Section 13.20.120 is repealed.
.32. - ~<1'
-1-
" ,
.t-L,lD
I'tDOPTlO
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING 'IV
CHAPTERS 3.14 AND 3.20, AMENDING SECTION 3.16.010,
REPEALING CHAPTER 3.20, TITLE 13 AND CHAPTERS 13.04
THROUGH 13.44 OF TITLE 13, ADDING A NEW TITLE 13 AND NEW
CHAPTERS 13.02 THROUGH 13.14 THEREIN, ADDING A NEW TITLE
14 AND RENUMBERING CHAPTERS 13.48 THROUGH 13.68 TO THE
CHULA VISTA MUNICIPAL CODE RELATING TO SEWERS AND
WATERCOURSES
ORDINANCE NO.
;";1:.i;o-,'~
J.U
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'IV::;;
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The city Council of the city of Chula vista does ordain as
follows:
SECTION I. That a new Chapter 3.14 entitled "Trunk Sewer
capital Reserve Fund" is added to the Chula vista Municipal Code.
SECTION II. That section 13.14.010 of the Chula vista Municipal
Code is renumbered as section 3.14.010, and amended to read:
Section 3.14.010 ESTABLISHMENT OF TRUNK SEWER CAPITAL RESERVE
FUND - USES
A. There is established a fund designated as the "Trunk
Sewer Capital Reserve Fund".
B. All revenue derived from the sewer capacitv charaes
(formerlv "sewerage facility participation charges~ se~ fer~R
RereiR pursuant to section 13.14.090 shall be deposited into such
Trunk Sewer capital Reserve Fund.
C. The Trunk Sewer Capital Reserve Fund shall be used
solely for the following purposes unless the City Council shall
by four-fifths vote appropriate such funds for another purposeL
provided such other purpose shall be for the planning, design, or
construction of sewage collection or treatment or water
reclamation purposes or incidental thereto:
1. paying all or any part of the cost and expense to
enlarge sewer facilities of the City so as to
enhance efficiency of utilization and/or adequacy
of capacity in order to effectively serve the
needs of the City;
2. paying all or any part of the cost and expense to
plan and/or evaluate any future proposals for
areawide sewage treatment and/or water reclamation
systems or facilities.
'-I
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AM... ~~AG6,J JIAJ 18 "'I
E
Final
ORDINANCE NO.~7
SE:COlyD
1Yt:/lD
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4DOl>
ItOIy
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AND ADOPTING AMENDMENT NO. 1 TO THE CHULA
VISTA REDEVELOPMENT PLAN AND PROJECT AREA FOR THE
SOUTHWEST REDEVELOPMENT PROJECT
The City Council of the City of Chula Vista, Cal ifornia does ordain as
foll ows:
Section 1. Formation of Agency
On October 24, 1972, Ordinance No. 1420 was adopted by the City of Chula
Vista creating the Chula Vista Redevelopment Agency for the purpose of
pursuing redevelopment activities in the community, pursuant to the California
Community Redevelopment Law, Health and Safety Code Section 33000 et seq.
("the Law").
Section 2. Designation of Survey Area
On December 16, 1986, and May 22, 1990, the City Council adopted
Resolution No. 12847 and No. 15631, respectively, designating a redevelopment
survey area for project study purposes.
Section 3. Agency's Approval of Draft Plan
The Redevelopment Agency, by resolution, has prepared and approved a
Draft Amendment Pl an and Prel iminary Report for the Southwest Redevelopment
Project Area Amendment No.1.
Section 4. Agency's Approval of Final Plan
The Redevelopment Agency has, after duly noticed public hearing, approved
the Amendment No. 1 to the Southwest Redevelopment Pl an for the Southwest
Redevelopment Project Area and recommended its adoption by the City Council.
Section 5. Legal Description of Amendment No. 1 Area
Attached hereto as Exhibit A is the legal description of Amendment No. 1
to the Southwest Redevelopment Project Area. The Map attached hereto as
Exhibit B is attached as a general visual reference as to the location of the
Amendment No. 1 boundaries, and is not intended to control over the legal
description.
Section 6. Council's Receipt of Reports as Evidentiary Basis
The City Council has received from the Redevelopment Agency the proposed
Southwest Amendment No. 1 Redevelopment Pl an for the Southwest Redevelopment
Project Area ("Plan"), as approved by the Redevelopment Agency, a copy of
which is on file at the office of the Executive Director of the Redevelopment
Agency at 276 Fourth Avenue, Chula Vista, California, and at the office of the
City Clerk, City Hall, together with the Report of the Redevelopment Agency
--J-'1Cr
,..I
1-li1.1
Ordinance No. ~
Page 2
including the reasons for the selection of the Amendment No. 1 Area, a
description of the physical, social, and economic conditions existing in the
Amendment Area, the proposed method of financing the Redevelopment of the
Amendment Area, a pl an for the re 1 ocat i on of bus i ness owners and tenants who
may be temporarily or permanently displaced from the Amendment Area, an
analysis of the Preliminary Plan, the report and recommendations of the
Planning Commission and the Project Area Committee of the City of Chula Vista,
a Declaration of Negative Environmental Impact, and other required reports on
the Plan.
Section 7. Notification of Taxing Agencies
Pursuant to Redevelopment Agency Resolution No. 1087, adopted on June 13,
1990 a Prel iminary Report was prepared and sent to each taxing agency as
required by Section 33345.5 of the Law.
Section 8. SWRPAC Certification of Conformance with the General Plan
The Southwest Redevelopment Project Area Committee has submitted to the
City Council its report and recommendations for approval of the Plan, and its
certification that the Plan conforms to the General Plan.
Section 9.
Finding of Blight
The Agency has found and determined that the Amendment Area is
characterized by the conditions of bl ight which are hereinafter set forth.
These conditions represent physical, social and economic 1 iabil ities which
require a Redevelopment Plan in order to properly provide for the
revitalization and redevelopment in a manner which is consistent with, and in
the interest of, general health, safety and welfare. In addition the Plan
shall be a guideline for implementing the objectives set forth hereinafter so
as to insure that the policies, goals, and objectives of the Redevelopment
Agency, the City Council, and the laws of the State of California are complied
with and implemented in a manner which is in keeping with the general welfare.
The bl ight characterized in the Amendment Area constitutes a physical,
social, or economic liability in the community requiring Redevelopment in the
interest of the health, safety, and general welfare of the people of the
community, and further that this blight is causing a reduction of, or lack of,
proper utilization of the area to such an extent that it constitutes a serious
physical, social, or economic burden on the community which cannot reasonably
be expected to be reversed or alleviated by private enterprise acting alone.
Section 10. Nature and Extent of Blight
The conditions of blight which exist in the Amendment Area include, but
are not limited to, the following:
A. There are inadequate pub 1 i c improvements, pub 1 i c fac il it i es, open
spaces, storm water drainage facilities, and utilities. This
deficiency cannot be remedied by private or governmental action
without Redevelopment;
'.2,
~()..
Ordinance
7..111.1
No.~
Page 3
B. There has been the subdivision and sale of lots of irregular form
and shape. Many of the lots are of an inadequate size and 1 ack
sufficient access thereto or off-street parking therefore to permit
proper usefulness without Redevelopment or to permit private
development without Redevelopment.
C. There is a lack of adequate community facilities;
D. The buildings in the area are in a deteriorated or dilapidated
condition, have mixed commercial, industrial and residential use,
are defective in design and/or physical character.
All of the foregoing is summarized in the Report to the City Council
which has been made a part the record of the proceedings in this matter.
Section 11. Council's Purpose in Adopting the Amendment
The City Council determines and declares that the City Council's purpose
and intent with respect to adopting the Plan and Amendment No. 1 to the
Southwest Redevelopment Project Area for the Southwest Redevelopment Project
is as follows:
A. The elimination of existing blighted conditions and the prevention
of recurring blight in the Amendment Area.
B. The development of property wi th coordi nated land use cons i stent
with the goals, policies, objectives, standards, guidelines, and
requirements as set forth in the City's adopted General Plan.
C. The development of publ i c servi ces and hcil it i es as are necessary
and required for the development of the Project Area.
D. The elimination of environmental deficiencies including inadequate
street improvements, inadequate util ity systems, inadequate publ ic
services; and the potential social, physical, and environmental
characteristics of blight.
E. The development of a more efficient and effective circulation
designed to carry the ultimate circulation flow.
Beautification activities to eliminate all
including, but not limited to, visual blight, in
community identity.
G. Improving the economic cl imate within the Southwest Redevelopment
Project and Amendment Area.
forms of bl ight
order to encourage
F.
H. When necessary the acquisition, assemblage, and/or disposition of
sites of usable and marketable sizes and shapes for commercial,
industrial, recreational, and public facility development within the
Southwest Redevelopment Project and Amendment Area.
""3
~3i-
1~"1
Ordinance No. ~
Page 4
I.
The creation of a more cohesive
strengthening the physical, social,
residential, commercial, industrial,
within and about the Amendment Area.
and unified community by
and economic ties between
and recreational land uses
J. The acquisition and disposition of property for the purpose of
providing relocation housing, as may be required, to implement the
objectives of this Plan.
K. To encourage the coordination, cooperation, and assi stance of other
local agencies, as may be required, to implement the objectives of
thi s Pl an.
L. To encourage community involvement and citizen participation in the
adopt i on of pol i ci es, programs, and projects so as to ensure that
the Plan is implemented in accordance with the objectives and goals
of the General Plan.
M. To provide a procedural and financial mechanism by which the
Redevelopment Agency can assist, complement, and coordinate publ ic
and private development, redevelopment, revitalization, and
enhancement of the community.
N. To implement the City General Plan and in particular its housing
element by providing a method to finance affordable housing as set
forth in the Plan.
Section 12. Joint Public Hearing Conducted
The City Council and the Redevelopment Agency held a joint public hearing
on June 18, 1991 to consider the adoption of the Plan, and the certification
of Negative Declaration IS # 91-36.
Section 13. Finding--Joint Public Hearing Duly Noticed
A notice of said hearings was duly and regularly published in a newspaper
of general circulation in the City of Chula Vista once a week for three
successive weeks prior to the date of said hearing, and a copy of said notice
and affidavit of publication are on file with the City Clerk and the
Redevelopment Agency; copies of the notice of joint public hearing were mailed
by certified mail with return receipt requested to the 1 ast known address of
each assessee, as shown on the last equalized assessment roll of the County of
San Di ego, of each parcel of 1 and in the proposed Southwest Redevelopment
Project Area and Amendment Area; and copies of the notice of joint public
heari ngs were mail ed by cert ifi ed mail with return recei pt requested to the
governing body of each taxing agency which receives taxes from property in the
Southwest Redevelopment Project and Amendment Area.
Section 14. Relocation Program Considered by Council
The Redevelopment Agency has prepared and submitted a program for the
re 1 ocat i on of persons and busi nesses who may be di spl aced as a result of
carryi ng out the Plan and the City Counci 1 has general knowl edge of the
conditions existing in the Project Area and of the availability of suitable
d~
?;'ff 7
Ordinance No.
Page 5
housing in the City for the relocation of families and persons who may be
displaced by the Project, and in the light of such knowledge of local housing
conditions, has carefully considered and reviewed such relocation program.
Section 15. Finding--Matters Considered
The City Council has considered the report and recommendations of the
Southwest Redevelopment Project Area Committee, the report of the
Redevelopment Agency, the Plan, and its economic feasibility, the feasibility
of the relocation program, and Negative Declaration IS # 90-36, has provided
an opportunity for all persons to be heard and has received and considered all
evidence and testimony presented for or against any and all aspects of the
Pl an.
Section 16. Environmental Consequences Considered
The Redevelopment Agency and City Council have reviewed and considered
the Negative Declaration IS # 90-36, for the plan for the Amendment Area
prepared pursuant to the Publ ic Resources Code section 20151 and Health and
Safety Code Section 33351.
Section 17. Tax-Sharing Agreements Negotiated
The Redevelopment Agency and the City Council have entered or are
negotiating to enter into agreements with affected taxing jurisdiction in
order to mitigate or alleviate those fiscal impacts which may affect these
taxing jurisdictions as a result of the adoption or implementation of the Plan.
Section 18. Finding as to Financial Burden to Tax Reallocation
The City Council finds that the financing of the Plan by revenues derived
from the allocation of taxes pursuant to Health and Safety Code Section 33670
will not cause a significant financial burden or detriment (as these terms are
used in Health and Safety Code Section 33012) on any taxing agency deriving
revenues from the Amendment Area
Section 19. Objections Overruled
All written and oral objections to the Plan and Amendment No. 1 to the
Southwest Redevelopment Project Area are hereby overruled.
Section 20. Primary Findings Supporting Adoption of Plan.
The City Council hereby finds and determines that:
A. The Area of Amendment No. 1 to the Southwest Redevelopment Project
is a predominantly urbanized area of a community which is a blighted
area, the Redevelopment of which is necessary to effectuate the
public purposes of the Redevelopment Law.
,..5
~8-3-
'-'l1.1
Ordinance No. ~
Page 6
B. It is necessary and/or desirable to adopt the Plan and Amendment
Area to encompass the property referred to in the Pl an and to
authorize the development and/or construction of such facilities
and/or improvements as are set forth in the Plan.
C. The Amendment Area is a blighted area, the Redevelopment of which is
necessary to effectuate the public purpose declared in the Law. The
finding is based upon the following conditions which characterize
the Amendment Area all of which are set forth in the Report to the
City Council and in other evidence submitted to the Council:
1. The existence of unfit or unsafe buildings and structures due to
age, obsolescence, faulty exteri or spaci ng and mi xed character,
and shifting of uses.
2. The existence of properties which suffer from economic and
phys i ca 1 d is 1 ocat ion, deteri orat i on and disuse because of:
inadequate public improvements, facilities, and utilities,
including inadequate and insufficient traffic circulation, the
existing traffic circulation system is poorly designed and
subject to excessi ve congestion, portions of the Project Area
lack adequate streets or street improvements, drainage, water
distribution, sewers, and lots (parcels) of irregular form,
shape, and size, which cannot be remedied with private or
governmental action without Redevelopment.
3. The existence of properties
dislocation, deterioration, and
planning.
4. A lack of proper utilization of property,
and un product i ve cond i t i on of 1 and
valuable.
which suffer from economic
disuse resulting from faulty
resulting in a stagnant
potentially useful and
It is further found and determined that such conditions are causing, and
will increasingly cause, a reduction and lack of proper util ization of
the area to such an extent that it constitutes a serious physical,
social, and economic burden on the City which cannot reasonably be
expected to be reversed or alleviated by private enterprise acting alone,
requiring Redevelopment in the interest of the health, safety, and
general welfare of the people of the City.
Governmental action available to the City without Redevelopment would be
insufficient to cause any significant correction of the blighting
conditions, and the nature and costs of the public improvements and
facil ities required to correct the bl ighting conditions are beyond the
capacity of the City and cannot be undertaken or borne by private
enterprise acting alone or in concert with available governmental action.
4. The Plan will provide for Redevelopment of properties within the
Amendment Area boundaries in a manner conforming with the Law and in
the interests of the public peace, health, safety, and general
welfare. Redevelopment of the Amendment Area will implement the
objectives of the Law by aiding in the elimination and correction of
~
Ordinance
No. 2~~4.1
Page 7
the conditions of blight, providing for planning, development,
redesign, clearance, reconstruction or rehabil itation of properties
which need improvement.
5. The adopt i on and carryi ng out of the Pl an is economi ca 11 y sound and
feasible since it is based upon the Chula Vista Preliminary
Redevelopment Plan for the Amendment Area which has been shown to be
both economically sound and feasible as a financing mechanism for
the Redevelopment Agency. Under the plan no pub 1 i c redevelopment
activity will be undertaken unless the Redevelopment Agency can
demonstrate that it has adequate revenue to finance the activity.
6. The Plan conforms to the General Plan of the City. This is based on
the fi ndi ngs of the Pl anni ng Commi ss i on that the Pl an conforms to
the City's General Plan.
7. The carrying out of the Plan will promote the public peace, health,
safety, and general welfare of the community and will effectuate the
purposes and pol icy of the Cal ifornia Community Redevelopment Law.
Redevelopment will benefit the Amendment Area by correcting
conditions of bl ight and by coordinating publ ic and private actions
to stimulate development and improve the economic, social, and
physical conditions of the Amendment Area.
8. The rel ocat i on of persons or bus i nesses to the extent anti ci pated
will be minimal. However, the Redevelopment Agency has a feasible
method or plan for the relocation of families and persons who might
be temporarily or permanently displaced from the Amendment Area
through the implementation of the Plan. The Plan provides for
rel ocat i on ass i stance accordi ng to 1 aw. Further the Redevelopment
Plan is intended to implement the City Housing element and provide a
method for financing affordable housing in the City as set forth in
the Pl an.
9. There are or will be provided in the Southwest Redevelopment Project
Area or in other areas not generally less desirable in regard to
public utilities and public and commercial facilities and at rents
or pri ces withi n the fi nanci a 1 means of the famil i es and persons
displaced from the Amendment Area decent, safe, and sanitary
dwellings equal in number to the number of and available to, such
displaced famil ies and persons and reasonably accessible to their
places of employment No person or famil y wi 11 be requ i red to move
from any dwelling unit until suitable replacement housing is
available.
10. All noncontiguous areas of the Amendment area are either blighted or
necessary for effective Redevelopment and are not included for the
purpose of obtaining the allocations of taxes from the area pursuant
to Section 33670 of the Law without other substantial justification
for their inclusion. The boundaries of the Project Area were chosen
to include lands that were underutilized because blighting
influences, or affected by the existence of blighting influences,
and land uses significantly contributing to the conditions of
bl i ght, whose i ncl usi on is necessary to accompli sh the object i ves
and benefits of the Plan.
~3~1..1
1lf~1
Ordinance No.~
Page 8
11. Inclusion of any lands, buildings, or improvements which are not
detrimenta 1 to the publ i c health, safety, or general wel fare is
necessary for the effective Redevelopment of the Amendment Area of
which they are a part; and that such areas included are necessary
for effective Redevelopment in the community and are not included
for the purpose of obtaining the allocation of tax increment
revenues from such areas pursuant to Section 33670 of the California
Health and Safety Code wi thout other substantial just i fi cat i on for
the inclusion. The boundaries of the Amendment Area were chosen to
include lands underutilized because of blighting influences, and
land uses significantly contributing to the conditions of blight.
12. The elimination of blight and the Redevelopment of the Amendment
Area could not be reasonably expected to be accompli shed through
private enterprise acting alone without the aid and assistance of
the Redevelopment Agency. There exists bl ighting influences,
including the lack of adequate public improvements and facilities,
and the i nabil ity of i ndi vidua 1 developers to economi cally remove
these blighting influences without substantial public assistance in
providing adequate public improvements and facilities, the inability
of low and moderate income persons to fi nance needed programs, and
the inadequacy of other government a 1 programs and fi nanc i ng
mechanisms to eliminate the blight, including the provision of
necessary public improvements and facilities.
13. The Plan will afford the maximum opportunity, consistent with the
sound needs of the City as a whole, for the redevelopment of such an
area by private enterprise.
14. The Pl an contai ns adequate safeguards so that the work of
redevelopment will be carried out pursuant to the Plan, and it
provides for the retention of control s and the establ i shment of
restri ct i on and covenants runni ng with the land that is sol d or
leased for private use.
15. Provision for acquisition of real property by use of condemnation,
in the manner and to the extent provided for in the Redevelopment
Pl an, is necessary to the execution of the Plan. Adequate
provisions have been made for payment for property that may be
acquired by eminent domain as provided by law.
16. The use of tax increment funds all ocated to the Agency pursuant to
California Health and Safety Code Section 33670 for the purposes of
increasing and improving the community's supply of low and moderate
income housing as required by California Health and Safety Code
Section 33334.2 outside of the Amendment Area will be of benefit to
the Amendment and will assist in implementation of the housing
element goals and objections.
Section 21. Finding re Availability of Housing and Non- Displacement
The City Council determines that within the Southwest Redevelopment
Project Area boundaries or within the greater community, permanent housing
facilities either exists or will be available within three years of the time
:J.. j fo.- 1.. r
Ordinance
~I(" 7
No.~
Page g
occupants of the Amendment Area are displaced, and pending the development of
such facilities, there will be adequate housing available to such displaced
occupants at rents comparable to those in the community at the time of their
di spl acement. No persons or famil i es of low or moderate income shall be
displaced from residences unless and until there are suitable housing units
available and ready for occupancy by such displaced persons or famil ies at
rents comparable to those at the time of their displacement Such housing units
shall be suitable to the needs of such displaced persons or families and must
be decent, safe, sanitary, and otherwise standard dwellings. The
Redevelopment Agency shall not displace any such persons or famil ies until
such housing units are available and ready for occupancy.
Section 22. Twenty Percent Housing Set Aside
The City Council acknowledges that not less than twenty percent (20%) of
the revenue derived from the allocation of taxes, pursuant to Section 33670 of
the Cal Hornia Health and Safety Code, from the Amendment Area shall be used
by the Redevelopment Agency for the purposed of increasing and improving the
community's supply of housing for persons and families of low or moderate
income, and very low income households unless, through the implementation of
the Plan, one of the following findings are made, which findings shall be made
only in conformance with the City housing element
A. That no need exists in the community, the provisions of which would
benefit the Amendment Area to improve or increase the supply of
hous i ng for persons and famil i es of low or moderate income or very
low income households; or
B. That some stated percentage 1 ess than twenty percent (20%) of the
taxes which were allocated to the Redevelopment Agency is sufficient
to meet such housing need; or
C. That a substant i a 1 effort to meet low and moderate income hous i ng
needs in the community is being made and that this effort, including
the obl igation of funds currently available for the benefit of the
community from state, local, and federal sources for low and
moderate income housing alone, or in combination with these revenue
allocations, is equivalent in impact to the funds otherwise required
to be set aside pursuant to this Section. The City Council shall
cons i der the need of low or moderate income or very low income
households from within or adjacent to the Amendment Area because of
increased employment opportunities or because of any other direct or
indirect result of implementation of the Plan.
Section 23. Approval of Amendment No. 1 to the Southwest Redevelopment
Plan
The Redevelopment Pl an as recommended for approval by the Redevelopment
Agency and the Project Area Committee whi ch is adopted as set forth in the
Prel iminary Plan, is hereby approved and adopted In order to implement and
facilitate the effectuation of the Plan it is found and determined that
certain official actions may need to be undertaken by the City with reference
to, among other things, the following:
~0?- 7.,1
'l~l.i
Ordinance No. ~
Page 10
A. Institution and completion of proceedings for opening, closing,
vacating, widening, or changing the grades of streets, alleys, and
other public rights of way, and for other necessary modification of
the streets, the street layout, and other publ ic rights of way in
the Project Area. Such action by the City shall include the
requirement of abandonment and relocation by the public utility
companies of their operations in public rights of way as appropriate
to carry out the Plan.
B. Institution and completion of proceedings necessary for changes and
improvements in publ icly-owned publ ic util ities within or affecting
the Amendment Area.
C. Revision of zoning within the Amendment Area to permit the land
uses, including mixed use commercial and residential projects, and
development authorized by the Plan, provided that such action is
consistent with the Plan and the City General Plan.
D. Impos i t i on wherever necessary, by use permi ts or other means, of
appropriate controls, within the limits of this Plan, upon parcels
in the Amendment Area to ensure their proper development and use.
E. Provision for administrative enforcement of the Plan by the City
after development. The City and the Redevelopment Agency shall
develop an provided for enforcement of a program for continued
maintenance by owners of all real property, both public and private,
within the Amendment Area through the duration of the Plan.
F. Performance of the above (and of all other funct ions and servi ces
relating to the public health, safety, and physical development
normally rendered in accordance with the schedule which will permit
the development of the Amendment Area) shall be commenced wi thout
unnecessary delays.
G. The undertaking and completing of any other proceedings necessary to
carry out this project.
Section 24. Official Documentation
That certain document entitled "Redevelopment Plan for the City of Chula
Vista Southwest Redevelopment Project Area Amendment No.1", the legal
description and map contained therein, and attached hereto as Exhibits A and B
respectively, and such other reports as are incorporated therein by reference,
a copy of
which is on file in the office of the City Clerk, having been duly reviewed
and cons idered, and hereby incorporated in thi s Ordi nance by reference and
made a part hereof, and as so incorporated is hereby designated, approved and
adopted as the official "Redevelopment Plan for the City of Chula Vista
Southwest Redevelopment Project Area Amendment No.1".
- .2/;(f-. 7"'/()
'-'1~ 1
Ordinance No. Qlel
Page 11
Section 25. Authorization to Implement Plan
The City Clerk is directed to send a certified copy of this Ordinance to
the Redevelopment Agency and the Redevelopment Agency is vested with the
responsibility of carrying out the Plan.
Section 26. Encumbrance of Title
The City Clerk is hereby directed to record within thirty (30) days of
the adoption of this Ordinance with the County Recorder of the County of San
Diego, a description of the land within the Amendment Area as modified hereby
and a statement that proceedings for the Redevelopment of the Amendment Area
have been i nst ituted under the Ca 1 iforni a Commun ity Redevelopment Law. The
Redevelopment Agency is hereby directed to effectuate recordation of documents
in accordance with the provi s ions of Section 27295 of the Government Code to
the extent they are applicable.
Section 27. Notice to Building Permit Applicants
The Community Development and Building Departments of the City are hereby
directed, for a peri od of two years, to adv i se all app 1 i cants for bu il ding
permits in the Project Area boundaries that the site for which a building
permit is being sought for the construction of buildings or for other
improvements within the Project Area.
Section 28. Transmittal to County Tax Assessor/Auditor
The City Clerk is directed to transmit a copy of the description and
statement recorded by the City Clerk pursuant to Section 25 of this ordinance,
a copy of this Ordinance adopting the Plan and a map or plat indicating the
boundaries of the Amendment Area to the auditor and tax assessor of the County
of San Diego, to the governing body of each of the taxing agencies which
levies taxes upon any property in the Amendment Area, and to the State Board
of Equalization.
Section 29. Severability
If any clause, paragraph, section, subsection, sentence, or portion of
this ordinance or the plan or any project provided for therein, is challenged
in a court of competent jurisdiction and is thereafter declared to be
unconst itut i ona 1, illegal, i noperat i ve, or otherwi se i neffect i ve, such
decision shall not affect the validity of the remaining portion thereof. The
City Council hereby declares that it would have adopted this Ordinance and
each clause, paragraph, section, subsection, sentence, or portion thereof, or
the Plan or any project provi ded for therei n, i rrespect i ve of the fact that
anyone or more section, subsections, clauses, phrases, or portions be
declared invalid or unconstitutional.
Section 30. Effective Date
This Ordinance shall become effective thirty (30) days after its
fi na 1 passage and adopt i on and the Redevelopment Agency shall be vested with
the responsibility of implementing and carrying out the Plan and is directed
to undertake all act i vit i es and or projects as is provided, authori zed, or
contemplated in the said Plan in order to provide for the Redevelopment of the
Amendment Area. -:;;'j~ _ 1.. It
Ordinance No. ~ 1
Page 12
Section 31. Certification of Passage, Publication, Posting
The City Clerk shall certify to the passage to this Ordinance and cause
the same to be published in the Chula Vista Star-News, a newspaper of general
circulation, published and circulated in the City of Chula Vista, California
and posted in the manner provided by the Ci ty or appropri ate provi si ons of
State Law.
INTRODUCED AND FIRST READ at a adjourned regular meeting of the City
Council of the City of Chula Vista, California on June 18, 1991, and
therea fter,
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chul a
Vista at a regular meeting thereof held on the 9th day July, 1991.
Presented by
;l
/~l~
Chris Salamone
Director, Redevelopment Agency
Bruce M. Boogaar
City Attorney
WPC 4724H
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AND ADOPTION
ORDINANCE NO.
2457
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS SECTIONS OF CHAPTER 9.06 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO SECURITY ALARMS
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: That Section 9.06.030 of the Chula Vista
Municipal Code is amended to read as follows:
Sec. 9.06.030 Definitions.
For the purposes of this chapter,
and phrases shall be construed as
section unless it is apparent from
different meaning is intended:
the following words
set forth in this
the context that a
A. "Alarm agent" means and includes any person who is
self-employed or employed directly or indirectly by
an alarm business operator whose duties include, but
are limited to: selling, maintaining, installing,
monitoring, demonstrating or causing others to
respond to an alarm in or on any building, place or
premises. This definition shall not apply to local
safety officers as defined in Government Code
Section 20019.4.
B. "Alarm business operator" means and includes any
business operated for any consideration whatsoever,
engaged in the installation, maintenance, alteration
or servicing of alarm systems or which responds to
such alarm systems. "Alarm business operator,"
however, shall not include a business which merely
sells from a fixed location or manufacture alarm
systems, unless such business services, installs,
monitors or responds to alarm systems at the
protected premises.
C. "Alarm system" is any device designed for the
detection of an unauthorized entry on the premises
or for alerting others of the commission of an
unlawful act or both, and when activated emits an
audible or silent signal or message to which police
are expected to respond. I t includes those devices
which emit a signal within the protected premises
only and supervised by the proprietor of the
premises where located, and otherwise known as a
proprietary alarm. Auxiliary devices installed by a
telephone company to protect its systems which might
be damaged or disrupted by the use of an alarm
system are not included in the definition.
~ '1-1
D. "Alarm user" means any person who owns, leases,
rents, uses or makes available for use by its
agents, employees, representatives or immediate
family an alarm system in the city.
E. "Audible alarm" means an alarm system designed to
emit an audible sound outside of the protected
premises to alert persons of an unauthorized entry
on the premises or of the commission of an unlawful
act.
F. "Business" means any nonresidential use.
G. "Direct-dial device" means a device which is
connected to a telephone line and upon activation of
the alarm system automatically dials a predetermined
telephone number and transmi ts a message or signal
indicating a need for emergency response.
H. "False alarm" means the activation of an alarm
system through mechanical failure, accident,
misoperation, malfunction, misuse, or the negligence
of either the owner or lessee of the alarm system or
any of their employees or agents. False alarms
shall not include alarms caused by acts of God, the
malfunction of telephone lines, circuits or other
causes which are beyond the control of the owner or
lessee of the alarm system.
I. "Issuing officer" shall mean
p~~Xltl$~l~tt chief of police.
the
~u~tt"tll foil
J. "Person" shall mean a person, firm, corporation,
association, partnership, individual, organization,
company or a governmental political unit.
K. "Residential" means premises used as dwelling units
which includes apartments and lodginghouses.
SECTION II: That section 9.06.050 of the Chula Vista
Municipal Code is amended to read as follows:
Sec. 9.06.050 Alarm user's permit1L fee.
A. No per son shall install, or cause to be installed,
use, maintain, or possess an alarm system on any
business or residence owned or in the possession or
control of such person within the city without first
having obtained an alarm user's permit from the
lIi/rIf/cNlr/ll"f//Ir/tlrNilr:t//#f.~t1 Issuing Officer In
_tt"t~~nt~/~/t~I$I/~f/~~/II~~~II~V~V~/l"t
_nllttt(~II~if~vYif/Af~VV/~/~~lltAA~AI/~lt~l/t~~
~lt~tt"t///ifV//~//$~f.~tt. The ~lt~tt"t///ifl
~
~-z.
p~~litll~~V~~ Issuing Officer shall prescribe the
form of the application and request such information
as is necessary to evaluate and act upon the permit
application. A non-refundable fee in the amount
established by the City Council by resolution in the
Master Fee Schedule shall accompany each application.
B. The permit application as required under subsection
A of this section shall state:
1. The number of alarm systems and specific purpose
for which the alarm system or systems shall be
used;
2. The alarm user's name;
3. The address of the premises in or upon which the
alarm system has been or will be installed;
4. User telephone number;
5 .
The alarm
selling,
responding
system; and,
business
installing,
to and/or
operator or
monitoring,
maintaining
operators
inspecting,
the alarm
6. The name and telephone number of at least two
persons who can be reached at any time, day or
night and who are authorized to respond to an
alarm signal and who can open the premises in
which the system is installed.
c. An alarm permit shall be valid for twenty-four
months, but a separate permit shall be obtalned for
each separate business, separate place of business,
change of owner ship or change in type of permi t.
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t~l$IIII~/lllt~~III~III~$~tllll~~III~~
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AnAII~~~~if~ifgIAlIP~t~ltlliY~Yiflfif~/AA8~IIAft~t
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ti t!//t~i~//~Y~dW/~~~~~~/~//A4k~//pt~t//A~//AXAtm
$t$t~m//Vd/~~/lt$//~(i~Vii~I/IVV/t~/~~tAIn
A/~~it/pitmIt/A~/ti~~lti~/ln/t~I~/~i~tl~n1
SECTION III: That Section 9.06.060 of the Chula Vista
Municipal Code is amended to read as follows:
Sec. 9.06.060 Correction of information.
whenever any change occur s relat ing to the wr i t ten
information Ak///~H///~~ required In by Section
9.06.050, AIAtm//ititYt//~i(~VV' the permit--holder or
~I~ designAt~ee shall give written notice of such
change to tfle ~lt~ttpt//M//N~~t'ii//,sMAtI! Issuing
Officer within five working days.
SECTION IV: That Section 9.06.080 of the Chula Vista
Municipal Code is amended to read as follows:
Sec. 9.06.080 Alarm system regulations.
A. Alarm Deactivation Audible Alarms. Audible
residential alarms shall be equipped with an
automatic shutoff mechanism capable of terminating
the audible annunciator after activation within a
maximum of fifteen minutes. Audible commercial
alarm systems shall be equipped with an automatic
shutoff mechanism capable of terminating the
audible annunciator after activation within a
maximum of thirty minutes. 1ftIdirl/~/AIAtm~
In$tAXI~~//pt14t//t4//~//~V~qV0t~//~~Vi//~t//t~i
~t~lnAnt~/~/ti/~//i~qVVdd/n4t//d~~~/p!
t~tnIn~//~//VVrl//Ann~ntIAtpt//~/~~vrl//~ntll
nln~tt//~~/Altit//VVrl/pt~//i~~ttti~/nfiY/t~t~
$~ttt~n/~it~mi$/~!l~tttpi/tp/t~mplt.
B. Maintenance Notification. The alarm user shall
contact the Police Department's Communication
Supervisor prior to any service, test, repair,
maintenance, alteration, or installation of an
alarm system which might produce a false alarm.
Any alarm activated where such prior notice has
been given shall not constitute a false alarm.
C. Power Supply. Alarm systems shall be supplied with
an uninterruptible power supply in such a manner
that the failure or interruption of normal utility
electricity will not activate the alarm system.
The power supply must be capable of at least four
hours of operation.
" -4-1i'
8...1{
~
D. Repairs. When any false alarm caused. by a
malfunction of an alarm system has occurred, the
alarm user shall cause the alarm system to be
repaired to eliminate the malfunction. The alarm
system annunciator shall be disconnected while
repairs are made.
E. Permit Number. Every alarm system user whose alarm
system is monitored by an alarm response company
shall provide that company with their alarm system
permit number, once it is issued by the Issuing
Officer. When such responding company calls the
Police Department to report activation of an alarm
system they monitor, they shall provide the permi t
number to the police dispatcher for the police log
entry.
SECTION V. That Section 9.06.130 of the Chula Vista
Municipal Code is amended to read as follows:
Sec. 9.06.130 False alarm penalty assessment.
A. When any emergency alarms, messages, signals, or
notices are received by the Police Department
showing that an alarm user has failed to meet any
of the requirements of this chapter, the M.t~f;t(;t
(;t//p~~Xif;//t~t~tt Issuing Officer is authorized
to demand that the user of that alarm system
disconnect the system until it is made to comply
with the requirements.
B. Any person having an alarm system which results in
a police response in which the alarm proves to be a
false alarm, shall pay a penalty assessment fee to
the city ~t//t(;XX(;~tt in the amount established
by the City Council by resolution in the Master Fee
Schedule for each false alarm, message or signal in
excess of two activations in any twelve month
period.
1.
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t~~XX//~~//Vd//A//~///~~~~~~~~dV//~t
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pt///Aidv~///t~AIV///t~vii///~///Ant
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2. ~p~~~ntiri~//~lt~//t~~//~//~//~//iii//~X~t~
tn~t~XX~tt~n//~i~/~/~/~ppt~t//t~~t~~ft~tj
t~~t~//t~/fti~//i~//t~~t~~//~///~~//ftt~t
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~n;,///~~~~//AtAt~///Yi//~//tiif~pnt~
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pt//W1dW-lf/ilW / ~f.I/p~t1/WYrN / ,MAtJr/,///U
t;r\~1 N>lVW~t/iNd / MI It;r\~1 /fIW-Irf(WW I -MtMtV,1 It;r\~
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pt~~iti~ntll~~IIYdl/~A~~~ttlppllAt.Vll~t
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C. The Issuing Officer shall cause to be issued a
monthly bill for the unpaid fees accrued during any
monthly bllling period and any prlor perlods. Such
bill shall be due and payable withln thirty (3D)
days of the billing date.
D. A late fee of fifteen percent (15%) of the false
alarm assessment shall be added to the unpaid
balance of any assessments required by this section
not paid within thirty days of the billlng date.
E. The amount of any penalty assessment fee and late
fee assessed pursuant to this Section shall be
deemed a debt to the City, and an action may be
commenced by the Issuing Officer in the name of the
city in any court of competent jurisdiction in the
amount of the delinquent debt. Payment of any
penalty assessment fees and late charges shall not
prohibit criminal prosecution for the violation of
any provisions of this chapter.
SECTION VI. That Section 9.06.140 of the Chula Vista
Municipal Code is amended to read as follows:
Sec. 9.06.140 Right to discontinue response.
The ;,lt~tt~t/lptll~Vdlli~fi~t Issuing Officer
reserves the right to discontinue response by police
officers to any location of a silent or audible alarm
when (l) the alarm user has been given wr it ten notice
and assessed six penalty assessments within any
pri~ft~~t twelve-month period, or (2) the alarm user
has failed to pay any such penalty assessment.
Reinstatement may occur when the alarm user has taken
steps to el imina te or cor rect the problem( s) and has
documented the corrective action in writing to the
~lt~ttpt/lptllp~~Xltllt~t~tt Issuing Officer and paid
any penalty assessments that are due.
-:pt.- -~ ~ 8"
SECTION VII. That Section 9.06.150 of the Chula Vista
Municipal Code is amended to read as follows:
Sec. 9.06.150 suspension/revocation of permits.
If at any time it comes to the attention of the
~tt~tt~t//~t//p~~ltt//~~t~tt Issuing Officer that the
holder of an alarm user's permit under this chapter has
violated any provisions of this chapter, or rules, or
regulations made pursuant to this chapter, including but
not limited to, false alarms which exceed the numbers
permitted pursuant to Section 9.06.130, whether or not
the holder has failed or refused to pay the false alarm
penalty assessment fee as provided in t~~//~~tt4pJ
this chapter, the ~/pt//p4~ltt//~~t~tt Issuing
Officer may suspend or revoke the permit. If an alarm
user's permit is to be suspended or revoked, as provided
hereunder, the ~tt~tt~t/ / /<:If! / /#~lU/ / /~t"~ Issuing
Officer shall notify the holder of the permit in writing
of ~t$ the intention to revoke such permit
seventy-two~ours before the effective hour of the
suspension or revocation, along with notice of the
opportunity for administrative review of the proposed
action.
SECTION VIII. That Section 9.06.160 of the Chula vista
Municipal Code is amended to read as follows:
Sec. 9.06.160 Appeals.
Any alarm user aggrieved by the decision of the
~tt~tt~t//~i//p~VVq//~ Issuing Officer to assess
any penalty or to suspend or revoke the permit may
appeal to the City Council by filing an appeal with the
City Clerk within ten (10) days of receipt of notice of
the Issuing Officer's decision. The City Clerk shall
thereupon set the matter for hearing at the next regular
City Council meeting.
SECTION IX: That section 9.06.170 of the Chula vista
Municipal Code is amended to read as follows:
9.06.170 Criminal penalties.
Any person who violates any provision of this chapter
~ttl~~tn~//~~/~/~~/~/$~tt4pn/~/.~~/.l~~/,//p~n~ltt
~~~~~~~~nt~j shall be guilty of an infraction, and
upon conviction thereof shall be punished in accordance
wi th the California Penal Code regarding infractions.
Such persons shall be guilty of a separate offense for
each and every day during any portion of which any
violation of any provision of this chapter is committed,
continued or permitted by such persons.
.pt -A'19 ~ &"'7
SECTION X: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by
Approved as to form by
william J. Winters, Chief of
Police
)'vlS" 9 fL/f
D. Rlchard Rud~lf)
Assistant City~torney
8093a
l' . -Q
1.()
.
~? g-~
COUNCIL AGENDA SfATEMENT
ITEM:~
MEETING DATE: 7/09/91
SUBMITfED BY:
J/"U.tj
Resolution Approving agreement with Ace Video productions
for Videotaping the Chula Vista City Council Meetings for Televising
/'
/1'
Deputy City Manager Thomson C j
TITLE:
REVIEWED BY:
City ManagerrJ
:J
(4/5ths Vote: Yes_ NolO
In January, the City Council ratified staffs' termination of the agreement with Camel
Communications for videotaping the regular Tuesday Council meetings and authorized a
six-month interim agreement with Ace Video Productions for video production of City
Council meetings until a formal RFP process could be completed. Staff has completed that
process and negotiated the proposed agreement with Ace Video Productions for a contract
with an initial three-year term commencing on July 15, 1991.
RECOMMENDATION: That Council adopt the resolution approving the agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/ A
DISCUSSION:
On May 14, 1991, staff distributed 32 copies of the Request for Proposals (RFP) for
videotaping City Council meetings for televising (a copy of the RFP is attached). Seven
responses were returned by the RFP's June 3 deadline from the following organizations:
--Ace Video Productions
--Bob Hoffman Video Productions
--CCN Productions
--Chula Vista/National City Cable Ad Group
--Cox Cable San Diego, Inc.
--Instructional Television (ITV), San Diego County Office of Education
--Integrated System Analysts
q -I
PAGE 2, ITEM
MEETING DATE 7/09/91
Four of these seven proposing organizations were interviewed by the selection panel
composed of Deputy City Manager Thomson, Public Information Coordinator Gulbransen,
and Library Head of Audio Visual Services McMartin. The four proposers interviewed ---Ace
Video Productions, Bob Hoffman Video Productions, Chula Vista/National City Cable Ad
Group, and Instructional Television (l1V), San Diego County Office of Education---
submitted the lowest cost proposals. The interviewed proposers were ranked by the
selection committee using the following criteria and weighting system:
Points Criteria
50 Financial package/cost effectiveness including cost and options
20 Quality of proposal--equipment, staffing
15 Experience of proposer and staff in similar live programs
15 Ability of proposer to perform including availability of equipment and staff,
financial standing
100 TOTAL POINTS
The selection committee unanimously ranked Ace Video Productions as the highest-rated
proposer, and staff has subsequently negotiated the attached proposed contract that would
commence on July 15,1991. Ace Video's proposal received the highest rating because of
its low cost ($729 for the first four hours of each meeting and $80 per hour that a meeting
lasts over four hours), experience of proposer and staff in live programming, quality of
existing equipment and proposed equipment upgrades, demonstrated ability to perform the
required work, and special services proposed (described further below). Ace Video also has
agreed to a clause for termination for convenience. Not all of the other proposers would
agree to this clause, which staff considers important because of the inherent difficulty in
defining adequate video production quality in a multi-year contract.
While cost was not the only factor considered and the proposals varied in their financial
structure and proposed services, as a point of reference the other six proposals had costs
for videotaping a four-hour meeting that ranged from $750 to $3,500.
The proposed contract with Ace Video will cost $729 for the first four hours of meeting
time and $80 for each additional hour beyond the four hours. This cost is for a three-
camera production staffed by a four-person crew. The equipment used for the production
since January will be supplemented by a wavefonn/vectorscope monitor to enhance
alignment of color levels in the three cameras. Ace Video is aware that the possibility of
further lowering the lighting levels in the Council Chambers is being explored by City staff
and consultants, and has agreed to work with staff to ensure that the lighting is as low as
possible consistent with adequate video quality. Ace Video's Sony DXC 3000 cameras are
q..2
PAGE 3, ITEM
MEETING DATE 7/09/91
considered capable of high-quality production in relatively low-lighting settings. Of the
four companies interviewed, three proposed using Sony 3000 cameras and the fourth
proposed using similar quality Panasonic cameras.
Ace Video also has agreed to provide, at no additional charge, a camera operator for an
additional four hours a month for any use designated by the City as well as an additional
four hours a month of video consulting services during the term of the contract. These
services may be used in a variety of ways including videotaping special events and
seminars; training city staff in using video equipment; and for writing, filming, producing
and directing public service announcements.
In addition to videotaping Chula Vista's City Council meetings in the recent interim
agreement, Ace Video Productions has worked with City staff to produce the "1990 Mayor's
State of the City Address," "Chula Vista 2000" and "Gangs, Guns, Graffiti" sponsored by the
Chula Vista Police Department. Ace Video also has worked successfully with several other
public agencies including the San Diego County Probation Department, San Diego County
Drug Abuse Services, San Diego County Service Authority for Freeway Emergencies, Del
Mar Fair and Community Care Network. Numerous other projects have been completed
for commercial clients.
The proposed agreement continues videotape production in an arrangement very similar
to that currently being used by Ace Video. While not addressed in this agreement, Ace
Video also submitted a second proposal which planned videotaping the meetings using
remote camera equipment. Because of capital expenditures and alterations to Council
Chambers that would be needed, staff and the proposer have not had adequate time to
fully examine this option. Both agree to continue to explore further the advantages and
disadvantages of installing remote cameras during the term of this contract.
The terms of the proposed contract are summarized below:
1. Equipment: Three cameras, five monitors, four recorders, one character generator,
three headsets, one special effects switcher, one waveform/vectorscope monitor.
2. Staff: Four people including technical director, two camera operators and one
tape/graphics operator.
3. Cost: $729 for four hours or less of meeting time, plus an additional $80 for each
additional hour beyond four hours. Cost increased in future years by a cpr
adjustment, with a 5 1/2 percent maximum adjustment.
4. Additional Services: Camera operator and video consulting services for up to four
hours a month each for use designated by the City, at no additional charge.
5. Term: Three years commencing July 15, 1991, with a two-year extension at the
City's option. Clauses for termination for either cause or convenience.
Q..3
PAGE 4, ITEM
MEETING DATE 7/09/91
FISCAL IMPACf: Because of the observation of certain holidays and the calling of special
meetings the yearly number of televised Tuesday meetings ranges from 42 to 48. Using
the up to four-hour meeting cost of $729, the base yearly cost for FY 91-92 ranges from
$30,618 to $34,992. Since the length of the meetings can vary greatly, the number of
additional hours at $80 per hour is difficult to estimate but is unlikely to exceed $2,500.
The base cost of $729 is lower than the Carrtel Communications contract base of $884 per
four-hour meeting for FY 1990-91.
Adequate funds are included in the adopted FY 1991-92 budget for this purpose. The
funding includes 40% Redevelopment Agency and 10% SCOOT reimbursements to the
General Fund.
'1-4
RESOLUTION NO. I~Z~~_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND ACE VIDEO PRODUCTIONS
FOR VIDEOTAPING THE CHULA VISTA CITY COUNCIL
MEETINGS FOR TELEVISING
The City Council of the City of Chula vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the ci ty Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and ACE VIDEO
PRODUCTIONS for videotaping the Chula Vista City Council meetings
for televising dated the day of , 1991,
a copy of which is on file in the Office of the City Clerk, and
incorporated herein, 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
Approved as to form by
James R. Thomson, Deputy
City Manager
9035a
'f-b'( OJ'b
CONTRACT TO VIDEOTAPE
CHULA VISTA CITY COUNCIL MEETINGS FOR TELEVISING
This Agreement is made this July 2, 1991 for the purposes of reference only, and effective
as of the date last executed between the parties, between the City of Chula Vista ("City")
herein, a municipal corporation of the State of California, and Harold Frazer Jr. doing
business as Ace Video Productions ("Company") and is made with reference to the
following facts:
RECITALS
WHEREAS, the City of Chula Vista solicited proposals from qualified individuals
or organizations to videotape the regular Tuesday meetings of the Chula Vista City
Council/Redevelopment Agency, and
WHEREAS, the proposals submitted were evaluated in terms of cost effectiveness,
equipment and staffing, experience of personnel, and ability of proposer to perform, and
WHEREAS, Ace Video Productions, as one of the original proposers, agreed to
negotiate with the City a contract mutually beneficial to the parties, and
WHEREAS, Company warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services required
of Company to City within the time frames herein provided all in accordance with the
terms and conditions of this Contract, and,
NOW, THEREFORE, BE IT RESOLVED that the City and Company do hereby
mutually agree as follows:
SECTION 1: SERVICES AND EQUIPMENT
A. Company agrees to produce broadcast quality 3/4" videotape of the entire City of
Chula Vista City Council/Redevelopment Agency meetings that usually are
scheduled on the first four Tuesdays of every month for the term specified in this
agreement. The schedule may include observation of certain holidays and special
meetings.
B. The Company agrees to provide the following equipment as a minimum for
videotape production purposes:
. three Sony DXC3000 color video cameras or equivalent model subject to
City approval;
. one color program monitor, one color preview monitor, and three black and
white monitors;
. two 3/4" videotape recorders;
~~."\
. two 1/2' VHS videotape recorders;
. one character generator;
. three intercom headsets;
. one special effects switcher.
C. Company agrees to also provide a waveform/vectorscope monitor to enhance the
alignment of color levels between cameras, within 120 days following the signing
of this contract.
D. Company will provide up to two playback monitors, of a type acceptable to City,
in the Council Chambers that allow Council members to see what is being taped.
If the City decides these monitors are desirable, Company will provide the
monitor{s) at all Company-videotaped Council meetings.
E. Company will provide a minimum of four staff to operate the above mentioned
equipment including two camera operators, one technical director and one
tape/graphics operator. Company's staff shall be neatly dressed and courteous
at all times and shall present a positive, professional image.
F. Company will deliver to Cox Cable (1175 North Cuyamaca, EI Cajon) a completed
production on 3/4" videotape no later than 3 p.m. the day following the
Council/Agency meeting. Company will deliver to Chula Vista Cable (296 Third
Ave., Chula Vista) a completed production at slow speed on 1/2" VHS videotape
no later than 3 p.m. the day following the Council/Agency meeting. In addition the
company will provide a 1/2' VHS tape to the City by 5 p.m. the day following the
meeting.
G. The Company also agrees to utilize the character generator for identifying
speakers and items under discussion, and displaying the City logo throughout the
meetings. Company will store at least 150 names and titles which will be updated
at least every six months by City. The Company will use the City-provided
opening followed by the meeting agenda at the beginning of each program.
Approximate times specific items will be cablecast will be added to the agenda on
the 3/4" tape. Credits listed at the end of each televised meeting will include the
City of Chula Vista and may include the Company. Various public service
messages also shall be displayed during the meetings, submitted by the City to
the Company at least two working days prior to the meeting the messages are
scheduled to appear.
H. Company shall provide video/audio output into the Public Services Building during
the meeting to be used by the City for live broadcast of the meetings on City-
operated and maintained equipment.
2
~/~
AMENDMENT TO CONTRACT ITEM: #9
I.
Content of the completed video program shall meet with approval of the City of _I J.
Chula Vista. No editina shall occur without the oermission of the City. The entire rlfJ'
content of the program shall be the sole property of the City of Chula Vista. None
of the content of the program may be used for any purpose, commercial or non-
commercial, without the written permission of the City of Chula Vista, except for the
following:
a. Use by an established news organization as part of news coverage of the
meetings;
b. Use by private individuals for limited, non-broadcast viewing;
c. Use by Company for sales demonstrations and other promotions of the
Company.
J. Company will provide a camera operator for up to an additional four hours a
month at no additional charge for any use designated by the City during the term
of this agreement. This may include, but not be limited to, the following: footage
of special events and ceremonies; presentations at trainings; special meetings;
and documentation of existing buildings or conditions in the City. Scheduling of
the camera operator will be subject to Company's availability and may be used for
weekday as well as weekend assignments. If the Company is unable to provide
the operator when requested, the four hours may be carried forward until a time
that is mutually acceptable to the parties. One hour minimum intervals will be
scheduled; travel time to Chula Vista not included. Camera operator will use the
Company's equipment, when available, and may use City's equipment subject to
City's review and approval of Company's insurance covering said equipment.
K. Company will provide up to four hours a month of video consulting services at no
additional charge to City's Public Information office, subject to Company's
availability, during the term of this agreement. If the Company is unable to provide
these services when requested, the four hours may be carried forward until a time
that is mutually acceptable to the parties. One hour minimum intervals will
scheduled; travel time to Chula Vista not included. The consulting service may
include, but not be limited to, the following: training of city staff in proper use of
video equipment including in-camera editing; ways to use video in City
departments; researching use of video by other cities that could be adapted by
City; ways to work with cable companies and television stations to enhance City's
use; advice on equipment purchases; assistance with writing, producing and
directing public service announcements; and technical directing of special
meetings.
L. Company, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall be performed in a manner consistent with
3
9-1
that level of care and skill ordinarily exercised by members of the profession
currently practicing under similar conditions and in similar locations.
SECTION 2: PAYMENT
A. The City agrees to pay the Company $729 for each televised Council meeting of
four hours or less videotaped by Company. An additional $80 will be paid for
each additional hour or part thereof for meetings lasting longer than four hours.
Length of the meetings shall be determined from the scheduled start time until the
meeting is adjourned.
B. Per meeting and hourly cost shall be adjusted annually, after the first year, in an
amount that equals the percentage increase of the All Urban Consumers Price
Index for the San Diego Region (CPI) for the most recent twelve months, up to a
maximum of 5% 'lb.
C. Failure by the Company to videotape scheduled meetings or deliver a completed
videotape production to Cox Cable or Chula Vista Cable by the specified time shall
result in forfeiture of the City payment and a penalty payment to the City equal to
the meeting payment cost. The parties to this agreement acknowledge and recite
that the amounts specified in this section are a reasonable estimate of damages
suffered by the City considering all of the circumstances, including the relationship
of such sums to the range of harm to the City that could be anticipated and the
anticipation that proof of actual damages would be costly or inconvenient. The
parties to this agreement acknowledge that it would be impracticable ,or extremely
difficult to fix the actual damage that the City would incur if the Company breaches
this paragraph of this agreement.
D. The per meeting charge ($729) will be payable by the City for meetings scheduled
to be videotaped by Company that are canceled without at least six calendar days
notice of such cancellation to the Company.
E. In addition to performing the defined services herein set forth, City may ask
Company to videotape additional meetings, and upon doing so in writing,
Company shall perform same, subject to Company's availability of staff and
equipment, at the rates set forth in sections 2.A. and B. of this agreement.
F. Ughting, audio feed and modifications to City buildings will be the responsibility
of the City. Company agrees to provide technical advice, as requested.
G. Videotape stock will be provided by the City. City may purchase videotape stock
or direct Company to purchase videotape at bulk rate. City agrees to reimburse
Company for videotape cost including sales tax plus five (5) percent for handling.
4
\\, ~ [i
If City requests, Company will establish a system to recycle tape stock including
bulk erasure of tapes and keeping a written record of the number of times a tape
is used and tapes that are erased, at a cost of $2.50 per erasure. The City may
elect to not recycle tapes or to establish another system.
H. Any additional purchases, operating or installation costs associated with the
videotaping and not specifically described in this Contract, will be the sole
responsibility of the Company unless accepted by the City in a separate written
agreement.
I. Billing for each meeting shall be submitted to the City the week following each
meeting or after the first and prior to the tenth of the month for all meetings
televised during the previous month. The terms shall be net twenty (20) days from
invoice date.
SECTION 3: TERM
A. The term of this agreement will be for three (3) years commencing on July 15,
1991. The City has the option to extend the term of this Contract for a two (2)
year increment starting July 15, 1994. All other terms of this Contract shall remain
in full force and effect for any such extension of the Contract. The City's right to
extend this Contract pursuant to the provisions of this section shall be contingent
upon providing a sixty (60) day written notice to Company of the City's intent.
B. If, through any cause, Company shall fail to fulfill in a timely and proper manner
his/her obligations under this Agreement, or if Company shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Company of such
termination and specifying the effective date. In that event, all finished or
unfinished materials prepared by Company shall, at the option of the City, become
the property of the City, and Company shall be entitled to receive just and
equitable compensation for any work satisfactorily completed on such materials
up to the effective date of Notice of Termination, not to exceed the amounts
payable hereunder, and less any damages caused City by Company's breach.
C. Either party may terminate this agreement at any time for its convenience by giving
the other party a written notice of such termination and specifying the effective
date thereof at least one hundred and twenty (120) calendar days before such
termination, reserving its right to terminate for cause. In that event, all finished and
unfinished materials described hereinabove shall, atthe option of the City, become
City's sole and exclusive property. If the Agreement is terminated by City as
provided in this paragraph, Company shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such materials to the
5
C\ ... \\
effective date of such termination. Company hereby expressly waives any and all
claims for damages or compensation arising under this Agreement except as set
forth herein.
SECTION 4: SCHEDULE AND ADMINISTRATION
A. The City shall provide to the Company a schedule of dates and times of all
meetings to be televised by Company during the term of this agreement.
B. Company shall defend, indemnify and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out
of the conduct of the Company, or its agents or employees, subcontractors, or
assignees or licensees in connection with the execution of the work covered by
this Agreement, except for those claims arising from the sole negligence or sole
willful conduct of the City, its officers, or employees, and further except as to the
words, actions, presentations, views or opinions presented by persons appearing
on televised meetings. Company's indemnification shall include any and all costs,
expenses, attorneys' fees and liability incurred by the City, its officers agents, or
employees in defending against such claims, whether the same proceed to
judgment or not. Further, Company at its own expense shall, upon written request
by the City, defend any such suit or action brought against the City, its officers,
agents, or employees arising out of the conduct of the Company, or its agents or
employees, subcontractors, or assignees or licensees in connection with the
execution of the work covered by this Agreement, except those claims arising from
the sole negligence or sole willful conduct of the City, its officers, or employees,
and further except as to the words, actions, presentations, views or opinions
presented by persons appearing on televised meetings. Companys'
indemnification of City shall not be limited by any prior or subsequent declaration
by the Company.
C. Company represents that it and its agents, staff and consultants employed by it
are protected by worker's compensation insurance and the Company has the
coverage under public liability and property damage insurance policies which this
Agreement requires to be demonstrated in the form of a certificate of insurance.
Company will provide, prior to the commencement of the services required under
this agreement the following certificates of insurance to the City prior to beginning
work:
Statutory Worker's Compensation coverage plus $1,000,000 Employers
liability coverage, if worker's compensation coverage required by state.
6
c\\. \-\
-' \. d-
General and Automotive Uability coverage to $1,000,000 combined single
limit which names City as an additional insured, and which is primary to any
policy which the City may otherwise carry ("primary coverage"), and which
treats the employees of the City in the same manner as members of the
general public ("cross-liability coverage").
All policies shall be issued by a carrier that has a Best's Rating of "A, Class
V", or better, or shall meet with the approval of the City's Risk Manager.
All policies shall provide that same may not be canceled or materially
changed without at least thirty (30) days written notice to the City.
D. No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City of
Chula Vista and acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same
may from time to time be amended, the provisions of which are incorporated by
this reference as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same.
Upon request by City, Company shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
E. In the event of any dispute between the parties, the prevailing party shall be
entitled to recover all reasonable costs incurred in the litigation of the claim,
including costs and attorney's fees.
F. In so far as Company is merely the agent for the City for the videotaping of its
public presentations, Company shall not be responsible for the content of said
publications or any opinions contained therein expressed or implied. The City
shall indemnify Company from any and all harm, damage, cost or liability based
on the content of the subject public presentations.
G. No change, amendment or modification to the Contract shall be effective unless
it is in writing and signed by the parties hereto.
H. The services of Company are personal to the City, and Company shall not assign
any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City which
City may unreasonable deny.
I. City is interested only in the results obtained and Company shall perform as an
independent contractor with sole control of the manner and means of performing
7
~~. \~)
the services required under this Agreement. City maintains the right only to reject
or accept Company's work products. Company and any of the Company agents,
employees or representatives are, for all purposes under this Agreement, an
independent contractor and shall not be deemed to be an employee of City, and
none of them shall be entitled to any benefits to which City employees are entitled
including but not limited to, overtime, retirement benefits, workers compensation
benefits, injury leave or other leave benefits.
J. Company hereby designates that Harold Frazer, Jr. or Ed Hobrecker shall be
Company's technical director to the production during the term of this agreement.
No substitution for this position shall be allowed without written approval from the
City.
K. The City Manager, or his or her designee, shall be the administrator for the
purposes of this Contract. For those conditions requiring the written approval of
the City, the City Manager or his or her designee shall have the authority to
provide such written approval.
COMMUNICATION RELATING TO THIS AGREEMENT SHOULD BE DIRECTED TO:
Jim Thomson, Deputy City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
691-5296
Harold Frazer, Jr.
Ace Video Productions
4475 Mission Blvd., #215
San Diego, CA 92109
483-9698
8
C\\~
SIGNATURE PAGE TO
CONTRACT TO VIDEOTAPE
CHULA VISTA CITY COUNCIL MEETINGS
FOR TELEVISING
IN WITNESS WHEREOF, City and Company have executed this Agreement this
day of , 1991.
Ace Video Productions:
7kll'tI '
Harold Frazer, Jr.
City of Chula Vista:
Tim Nader
Mayor, City of Chula Vista
Attest:
A:TVCONTRACT
9
(~~ \5/ tt -/8
mE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters
which will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
1. Ust the names of all persons having a financial interest in the contract, Le., contractor, subcontractor,
material supplier. .
IIMlu.a FM'2-U :;a. ..5.J1l1-bJ,v 7RA?""~~//.JE
EJ) Ht;~cJ::6:~
7lJ'" Mav ""
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 parptership.
N/A
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. . I~
NjR
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): YI/JE1) CtJIINt'// At6"/iTlAltX 1'IP.e ~ " "'~5
5. Please identify each and every person, including any agents, employees, consultants or independent
contractors who you have assigned to represent you before the City in this matter.
N/A
· 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No X If yes, state which
Councilmember(s):
lm!lm is defined as: "Any individual, firm, co-partnership, joint venture, assodation, sodal club, fraternal organization,
corporalion, estate, trust, receiver, syndicate, this and any other county, dty and country, dty, munidpality, district or other political
.ubdillisiOlJ, or any other group or combination acting as a unit."
(NOTE: Attach additional pages as necessary)
iM#.
Date: 7,hiQ /
liMit-/) :JR .
Print or type name of contractor/applicant
(Revi"", 11/30190]
[A-I J31A,DISCLOSE.TXT)
C\.\~
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~ .....::. ~
-.;:~.........~
..............................
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CITY OF
CHULA VISTA
May 14, 1991
To All Interested Parties:
The City of Chula Vista is soliciting proposals from interested parties to videotape City
Council meetings for televising. Attached is the Request for Proposals which outlines the
qualifications and other information which the City is seeking in order to evaluate the
proposals. An optional pre-submittal conference is scheduled at 9 a.m. on Thursday,
May 23 in the Council Chambers.
The deadline for submitting proposals is:
June 3, 1991, at 4 p.m.
Attn: Jeri Gulbransen, Public Information Coordinator
Management Services Department
276 Fourth Avenue
Chula Vista, CA 91910
For additional information, please contact Jeri Gulbransen at (619) 691-5296.
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276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010
CITY OF CHULA VISTA REQUEST FOR PROPOSAL (RFP)
TO VIDEOTAPE CITY COUNCIL MEETINGS FOR TELEVISING
I. INTRODUCTION AND PROJECT DESCRIPTION
Televising official government meetings has become a widely accepted public information
tool in the past several years, with more and more cities seeing this as a worthwhile
expenditure to inform the public. Currently in the region, the County of San Diego and
the cities of Chula Vista, San Diego, Escondido, Vista, Del Mar, Oceanside, Carlsbad,
Solana Beach and Coronado televise supervisor/council meetings. Of those cities that
currently do not televise, several are investigating the possibility with the expectation of
beginning production in the next year or two.
The City of Chula Vista has been taping City Council meetings for televising on cable
television since January 1988. The programwas started on a six-month trial basis. After
a successful evaluation, a three-year contract was negotiated to continue the program.
Questionnaires, call-in evaluations and anecdotal feedback have been positive since
Chula Vista began taping. The City is seeking to negotiate a new contract to begin in
July of 1991. While not part of this RFP, the company selected to perform this work will
receive serious consideration for the City's other video production projects such as the
Mayor's State of the City Address.
The Chula Vista City Council/Redevelopment Agency holds regular meetings at 4 p.m. on
the first Tuesday of each month and at 6 p.m. on the three successive Tuesdays of each
month. Because of the observation of certain holidays and the calling of special
meetings, the yearly number of televised meetings ranges from 42 to 48. The length of
the meetings can vary greatly--from under one hour to more than six hours. Currently
the meetings are aired at 7 p.m. Wednesdays on Cox Cable Channel 11 and Chula Vista
Cable Channel 47. Videotape copies (VHS) of the meetings also are available for check-
out at the Chula Vista Public Library.
To better accommodate the televising of City Council meetings, wiring of the Council
Chambers has been modified to allow the microphones to feed into the televising
equipment and to provide a closed-circuit television viewing in one of the conference
rooms. Some changes were made to the lighting; however, cameras with low-light
capability are required.
For the production of Chula Vista's City Council meetings the current operator uses three
chip color cameras (two manned, one stationary); one character generator; one color and
three black-and-white monitors; one preview monitor; four video cassette recorders (two
3/4" and two 1/2"); one special effects switcher; three headsets for communication with
camera operators; 600 feet of coax cable; and an RF signal modulator.
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II. PROPOSAL REQUIREMENTS
A. Minimum requirements:
The following are minimum requirements that a proposer must meet and/or agree to in
order to be considered responsive to this RFP.
1. Finished product: Produce broadcast quality 3/4" or Super VHS videotape of City
Council/Redevelopment Agency meetings regularly scheduled on the first four
Tuesdays of every month and occasional special meetings. Delivery of 3/4" or
Super VHS videotape to Cox Cable (1175 North Cuyamaca, EI Cajon) and delivery
of 1/2' VHS videotape recorded on slow speed to Chula Vista Cable (296 Third
Ave., Chuta Vista) no later than 3 p.m. the day following the Council/Agency
meeting. Provide the city with a 1/2" VHS tape the evening of or by 5 p.m. the day
following the meeting. Provide video/audio output into the Public Services Building
during the meetings to be used by the City for live broadcast of the meetings on
City-operated and maintained equipment.
2. Minimum equipment:
Two chip color video cameras, specifically capable of high-quality
production in low-light setting
One color monitor and two black-and-white monitors
Three video cassette recorders (two 3/4" or Super VHS and one 1/2" VHS)
One character generator
One special effects switcher
3. Minimum staff: Three staff members to operate the equipment, including two
camera operators and one technical director/graphics operator.
4. Character generation: Identify speakers and items being discussed throughout
the meetings. (May require one to two hours CG input prior to meetings.) Display
City logo along with CG during meetings. Run various public service
announcements provided by the City during meetings. Use City-provided opening
at beginning of tape. Add meeting agenda following televised opening showing
approximate times specific items will be cablecast. List credits at the end of the
televised meeting including the City of Chula Vista and, if desired, the company.
5. Insurance: Obtain and provide evidence of the following insurance coverages:
a Comprehensive general liability and property damage coverage of all
operations hereunder of company, its agents and employees including but
not limited to premises and automobile and with minimum coverage of one
million dollars ($1,000,000) combined single limits.
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b. Workers' Compensation insurance to the statutory limit.
B. Desirable options:
Depending on their cost, the following options would be desirable to produce a high-
quality program for the City.
1. Desirable equipment:
Three chip color video cameras, specifically capable of high-quality
production in low-light setting.
Character/special effects generator with capability to reproduce special
logos (in addition to City logo) and capacity to store at least 150 names,
titles and agenda items.
One color monitor, one preview monitor and three black-and-white monitors
Four video cassette recorders (two 3/4" or Super VHS and two 1/2")
2. Staffing options:
a. Four people including two camera operators, one director and one
tape/graphics operator.
b. Five people including three camera operators, one director and one
tape/graphics operator.
C. Other options:
Numerous governmental agenciesnincluding some cities--that are videotaping meetings
have installed remote cameras which are operated from a control booth or van. Some
of these agencies have purchased the cameras and taping equipment, and have hired
staff to complete the production work. Others have the equipment and staff provided by
a cable operator at little or no cost to the agency.
While some interest in remote cameras has been expressed in the City of Chula Vista, it
is the staff recommendation not to purchase equipment or hire staff at this time because
of current budget constraints. However, in response to this RFP, a party may submit a
proposal to use remote cameras. Such a proposal must meet all of the minimum
requirements listed in A. 1-5. Proposals also will be ranked based on the desirable
options (B. 1-2). All proposers must address each of the additional issues for discussion
(D. 1-9). Modifications proposed for City property must be provided on to-scale
drawings. Cost of any equipment (including wiring, cables) proposed for permanent
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installation must be included with the proposal. Any costs to the City to make any
modifications to City facilities will be taken into consideration in rating the proposal.
D. Additional issues for discussion:
All proposers must address each of these items.
1, Term of proposed agreement/contract
2. Modifications, if any, proposed for the interior of the Council Chambers and
approximate costs, if any, that would be incurred by the City or the proposer.
3. Proposed location of control booth or van
4. Background and/or experience of proposer and on-site staff, if known
5. Proposer's experience in similar operations; include sample video of proposer's
work, preferably for similar type of production (meeting setting with majority of
editing done live)
6. References
7. Financial standing of the proposer
8. Statement that proposer is an Equal Opportunity Employer
9. Describe financial proposal based on one of the following (length of the meeting
shall be determined from the scheduled start time until the meeting is adjourned).
If alternative approaches are proposed, describe the financial implications of each.
a. Total cost per meeting, including cost of tape stock
b. Cost per hour of meeting time, including cost of tape stock
C. Cost for first four hours or less of meeting time and additional cost for each
hour longer than four hours, including cost of tape stock
III. SELECTION PROCESS:
A. Pre-Submittal conference
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Parties interested in responding to this RFP are invited to a pre-submittal conference in
the City of Chula Vista Council Chambers, 276 Fourth Ave., at 9 a.m. on May 23 to ask
questions and to view the facility which is used for televised meetings. Attendance at this
conference is optional.
B. Proposal submittal format and deadline
To respond to this RFP, please include the following:
1. Ust the name, title, address and phone number of the proposer. If the proposer
is a joint venture, identify each participating firm.
2. Provide an overall description of the proposal. Multiple proposals may be
submitted; specify the staff, equipment and proposed costs for each. Discuss how
the proposal will meet the minimum requirements (refer to Section IIA), specifically
detailing all equipment and personnel proposed. Address any desirable options
included in the proposal (refer to Section liB). Address any other options included
in the proposal (refer to Section IIC). Describe how the proposal addresses each
of the additional issues for discussion (refer to Section 110), including the proposed
term, any modifications to the facility, background of the personnel, and costs to
the City.
3. The entire proposal submission must include five complete sets of the proposal
and all additional written material. One copy of previously completed video work
also must be included. (See Section 1105).
Proposals that do not include all required forms, correct number of complete
copies, or do not have answers included for every question may be deemed non-
responsive and may be returned to the proposer.
Proposals must be delivered to Jeri Gulbransen, Public Information Coordinator,
276 Fourth Ave., Chula Vista, Ca. 91910, by 4 p.m. PDT, on June 3, 1991. If mail
delivery is used, the proposer should mail documents early enough to provide for
arrival by this deadline. Proposals received after the date and time specified will
be considered only at the discretion of the City of Chula Vista.
C. Evaluation and selection process
Primary regard will be given to the financial proposal, technical competence and ability
of the contractor as demonstrated in the proposal. As indicated, this RFP identifies
certain minimum requirements that must be met and/or agreed upon to qualify for
consideration in the selection process. The benefit of any proposed options will be
weighed against their cost.
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All proposals submitted will be reviewed by a selection committee designated by the City
of Chura Vista. This committee will invite at least the top three rated proposers for an oral
interview and rate the interviewed proposers. Staff then will attempt to negotiate a
contract with the highest rated proposer to be submitted to the City Council for approval.
The contract will be awarded only to responsible prospective contractors. In order to
qualify as responsible, a prospective contractor must, in the opinion of the raters, meet
the following standards as they relate to this Request for Proposal.
1. Have adequate equipment, technical and financial resources for performance or
have the ability to obtain such resources as required during performance.
2. Have the necessary experience, organization. technical qualifications, skills and
facilities or have the ability to obtain them (including any subcontractor
arrangements).
3. Have a satisfactory record of performance.
4. Be otherwise qualified and eligible to receive an award under applicable laws and
regulations.
D. Contract cost
1. The final contract cost is subject to negotiation.
2. At the time of the negotiation of a contract, a recommended agreement will be
submitted to the City Council for approval.
3. The City will not provide financial assistance to the contractor beyond the
negotiated fee.
E. Tentative Schedule
The following is a tentative schedule of events for this RFP process:
1. RFP issued
2. Pre-submittal conference
3. Proposals due
4. Initial evaluations completed
5. Interviews with selected proposers
6. Contract negotiations and preparation
7. Recommendation to City Council
8. Selected operator begins operation
May 13
May 23
June 3
June
June
June
June
July
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IV. REQUIREMENTS AND AUTHORITY OF THE CITY OF CHULA VISTA
A. All materials prepared under this agreement shall be the property of the City of
Chula Vista and may not be used or reproduced in any form without the explicit
written permission of the City of Ch(Jla Vista.
B. The City shall not be liable for any pre-contractual expenses incurred by any
proposer or selected operator. The City shall be held harmless and free from any
and all liability, claims, or expenses whatsoever incurred by or on behalf of any
person or organization responding to this RFP. This Request for Proposal does
not commit the City to award a contract, to pay any costs incurred in the
preparation of the proposal to this request, or to procure or contract for services
or supplies. The City reserves the right to accept or reject any or all proposals
received as a result of this request, to negotiate with any qualified source, or to
cancel in part or entirely this Request for Proposal, if it is in the best interest of the
City to do so. The City may require the proposer selected to participate in
negotiations and to make technical or other revisions of their proposal as may
result from negotiations. The City reserves the right to approve or disapprove
subcontractors proposed.
A:RFP
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ADDENDUM
crIY OF CHULA VISTA REQUEST FOR PROPOSAL (RFP)
TO VIDEOTAPE Cl1Y COUNCIL MEETINGS FOR TELEVISING
This addendum to the City of Chula Vista's Request for Proposals for videotaping City
Council meetings is to clarify several issues that were raised at the optional pre-submittal
conference held on May 23.
The issues and appropriate responses are as follows:
1. Time codinlZlstripin~ of 3/4" or Super VHS tapes:
Not required. Cox Cable does striping. (Not applicable to Chula Vista Cable 1/2" tape.)
2. Tape lo~ to Cox Cable:
Is required. Segment sheet should provide information such as exact time into each tape
the program starts and where the overlap begins at the end of each tape.
3. SP 3/4" tapes:
Optional. Cox Cable can play SP 3/4" tapes in addition to their capability to play 3/4" and
Super VHS tapes. However, providing SP 3/4" tapes is of no benefit because of the
playback equipment that is used (the higher resolution is lost).
4. Financial proposalntape stock (Pa~e 4. lID. 9a-c):
Exclude the cost of the tape stock from the cost of production.
5. Financial proposal--cost of meetin~ production (Pa~e 4. no. 9a-c):
Base the financial proposal only on lID, 9c; with cost of tape stock excluded. Give the cost
for the first four hours or less of meeting time and the additional cost for each hour longer
than four hours. (Length of the meeting shall be determined from the scheduled start time
until the meeting is adjourned.)
6. Proposal submittal--video sample (Pa~e 5. IIIB3):
Submit one copy of sample video in 1/2" VHS format.
The deadline for submitting proposals is:
June 3, 1991, at 4 p.m.
For additional information, please contact Jeri Gulbransen at (619) 691-5296.
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COUNCIL AGENDA STATEMENT
ITEM
MEETING DATE
Ib
Julv 9. 1991
I ~t.~
RESOLUTION Revising Salary Bands for executive
management personnel for FY 1991-92
SUBMITTED BY: CITY MANAGERt (4/5th Vote: Yes_ NOl)
This resolution provides for adGustin9 the salary bands for executive managers.
ITEM TITLE:
RECOMMENDATION:
That Council adopt the resolution approving revised bands.
BOARDS AND COMMISSIONS RECOMMENDATIONS: N/A
DISCUSSION: Attachment A contains the current executive salary schedule. The
proposed schedule is contained in the attached resolution. Changes apply only
to the upper and lower 1 i mi ts of the bands and do not necessaril y bear any
relationship to the salary increases granted. Rather than creating an additional
Band (E-6) to include Assistant City Manager and Chief of Police and because Band
E-l has not been utilized for some time, classes were reallocated to Bands E-l
through E-5 to ensure a more efficient use of this band system.
In addition to the restructure and increase in the limits of the bands, the seven
Assistant Director classifications, the Budget Manager and the Revenue Manager
have been added per Council Resolution Numbers 16103, 16021 and 16102
respectively.
FISCAL IMPACT: N/A
A:\(A113)\EXECBAN0.5AL
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EXECUTIVE SALARY SCHEDULE
Executive Salary Band
Minimum limit
E-5
$5.62D/month
$67,440/year
Assiyned Positions:
Assistant City Manager
Assistant City Attorney
Chief of Police
Deputy City Manager
Director of Public Works
ATTACHMENT A
CURRENT 1990-91
Maximum limit
$8,030/month
$96,360/year
E-4
$5.l40/month
$61,6BO/year
Assigned Positions:
Director of Community Development
Director of Finance
Director of Parks and Recreation
Director of Planning
Fire Chief
Library Director
$7.400/month
$BB,BOO/year
E-3
Assigned Positions:
$4,660/month
$55. 9ZO/year
Assistant to the City Manager
Director of Building and Housing
Director of Management Services
Director of Personnel
Deputy Director of Public Works
City Engineer
Executive Director, Nature Interpretive Center
$6,750/month
$Bl,OOO/year
Budget Manager. Revenue Manager
E-2 Asst. Dir. Bldg & Hsg $4,180/month $6,300/month
Assl:. Dir. Comm. Dev. $50,160/year $75,600/year
Asst. Dir. Finance, Asst. Library Director
Asst. Dir. Mgmt. Serv., Asst. Dir. Personnel, Asst. Dir. Planning
E-l
$3,700/month
$44,400/year
S5,470/month
S65,64CVyear
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RESOLUTION NO. /1,1.3D
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA INCREASING THE EXECU-
TIVE SALARY BANDS.
WHEREAS, pursuant to the authority contained in Resolution No.
7329, adopted by the city Council June 18, 1974, persons occupying
positions in the Executive Category of the Chula vista personnel
structure ("Executive Employees"), as contained in said authorizing
resolution, are paid a salary in an amount as set in the discretion
of the city Manager, according to Executive position Compensation
Guidelines ("Guidelines") attached to Resolution No. 7329, within
ranges ("Salary Bands") established by the City Council by
resolution; and,
WHEREAS, from time to time, since the adoption of Resolution
No. 7329, the city Council has amended the ranges of compensation
for each salary Band, and the positions assigned to each of them;
and,
WHEREAS, the ranges of compensaton for each Salary Band now
need to be adjusted to reflect cost of living increases and provide
the city Manager with sufficient flexibility to attract, retain and
compensate Executive Employees according to said Guidelines;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
section 1. The ranges of compensation for each salary Band,
and the assignment of Executive Employees to each such salary Band
are hereby set as follows:
EXECUTIVE SALARY SCHEDULE
EXECUTIVE SALARY BAND
MINIMUM LIMIT
MAXIMUM LIMIT
Salary Band E-5
$ 6,560jmonth
$78,720jyear
$ 9,360jmonth
$110,320jyear
Assigned positions:
Assistant City Manager
Chief of Police
salband1.wp
July 6, 1991
Reso re Salary Levels
Page 1
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Salary Band E-4
$ 5,960jmonth
$71,520jyear
$ 8,510jmonth
$102, 120jyear
Assigned positions:
Assistant city Attorney
Deputy City Manager
Director of Public Works
Salary Band E-3
$ 5,450jmonth
$65,400jyear
$ 7,840jmonth
$94,080jyear
Assigned positions:
Director of community Development
Director of Parks and Recreation
Director of planning
Director of Finance
Fire Chief
Library Director
Salary Band E-2
$ 4,940jmonth
$59,280jyear
$ 7,160jmonth
$85,920jyear
Assigned positions:
Assistant to the city Manager
city Engineer
Deputy Director of Public Works
Director of Management Services
Director of Building and Housing
Director of Personnel
Executive Director, Nature Interpretive Center
Salary Band E-1
$ 4,430jmonth
$53,160jyear
$ 6,680jmonth
$80,160jyear
Assigned positions:
Assistant Director of Planning
Assistant Director of Finance
Assistant Director of Community Development
Assistant Director of Personnel
Assistant Director of Management Services
Assistant Director of Building and Housing
Assistant Library Director
Budget Manager (Reso. No. 16021)
Revenue Manager (Reso. No. 16102)
salband1.wp
July 6, 1991
Reso re Salary Levels
Page 2
If)..y
section 2. This resolution shall take and be in full force
and effect immediately upon the passage and adoption hereof.
section 3. The city Clerk shall certify to the passage and
adoption of this Resolution; shall enter the same in the book of
original Resolutions of said city; and shall make a minute of the
passage and adoption hereof in the minutes of the meeting at which
the same is passed and adopted.
Presented by:
John Goss
city Manager
salbandl. wP
July 6, 1991
Reso re Salary Levels
Page 3
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COUNCIL AGENDA STATEMENT
Item II
Meeting Date~
ITEM TITLE
Ill> :L!!J{
Resolutions approving agreements between the City of Chula
Vista and various Community Promotions groups for expenditure
of City funds
Resolution
Resolution
Resolution
Resolution
SUBMITTED BY City Manage~
- Agreement with Chula Vista Jaycees
- Agreement with Gretchen Evans Concerts
- Agreement with U. N. Day Committee
- Agreement with Human Services Council
The 1991-92 budget includes funding of various Community Promotions
organizations. The Council considered requests from these groups at the June
10, 1991 budget session and approved funding in the following amounts:
Chula Vista Jaycees
Gretchen Evans Library Concerts
U. N. Day Committee
Human Services Council
$9,880
$1,560
$ 380
$3,500
Agreements have been prepared with each of these agencies setting out the
terms and conditions to receive City funds.
RECOMMENDATION: Adopt resolutions approving agreements.
BOARDS/COMMISSIONS RECOMMENDATION: N.A.
DISCUSSION
The attached agreements remain basically the same as in previous years.
Funding for the Jaycees and the U. N. Day Committee is at the same level as in
1989-90 and 1990-91. Mrs. Evans, who manages the Library Chamber Concert
series, has arranged to increase the number of Library Chamber Concerts from
six to seven at no additional cost. As Council is aware, the Human Services
Council requested an additional $1,000 this year in order to expand the level
of their social service programs for FY 1991-92, which was approved at the
June 10 budget session.
FISCAL IMPACT:
Funds are available in the 1991-92 Community Promotions budget activity.
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RESOLUT ION / (,~~ J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENTS BETWEEN THE CITY
OF CHULA VISTA AND GRETCHEN EVANS LIBRARY CONCERTS,
UNITED NATIONS DAY COMMITTEE, CHULA VISTA HUMAN
SERVICES COUNCIL AND THE CHULA VISTA JAYCEES IN
REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIA-
TED, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
The City Council of the City of Chula vista does
hereby resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Chula Vista that those certain agreements between
THE CITY OF CHULA VISTA, a municipal corporation, and GRETCHEN
EVANS LIBRARY CONCERTS, UNITED NATIONAL DAY COMMITTEE, CHULA
VISTA HUMAN SERVICES COUNCIL and CHULA VISTA JAYCEES, in regard
to the expenditure of City funds appropriated, copies of which
are on file in the office of the City Clerk, be, and the same are
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 agreements for and on behalf of the City of Chula
vista.
Presented by
Approved as to form by
~LJ/~
Bruce M. Booga
City Attorney
Dawn Herring
Budget Manager
9026a
II ... Z.
AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS
OF THE CHULA VISTA JAYCEES IN REGARD TO THE
EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered into the
July, 1991, by and between the CITY OF CHULA VISTA, a
corporation, hereinafter referred to as "City", and
VISTA JAYCEES, hereinafter referred to as "Jaycees":
day of
municipal
the CHULA
WIT N E SSE T H .
WHEREAS, the City Council of the City of Chula Vista has
determined that the function of the Chula vista Jaycees serves a
valid public purpose, and
WHEREAS, the City Council of the City of Chula
desires to encourage the beneficial aims of the Chula
Jaycees through appropriation of reasonable amounts of
funds, and
Vista
Vista
City
WHEREAS, the City
consideration of requests
and individuals, and
Council has established a policy for
for funding by private organizations
WHEREAS, such policy stipulates that no expenditure may
be made out of any appropriation awarded said organization unless
an agreement has been reached between the parties setting out the
terms and conditions for the expenditure of such funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. The organization known as the Chula Vista Jaycees
agrees to participate in the Fiesta de la Luna and related
activities, including the selection of "Miss Chula vista".
2. The Chula vista Jaycees agrees to expend City appro-
priated funds to meet bona fide obligations incurred in
performing services related to participation in the Fiesta de la
Luna, in an amount not to exceed $7,230, and selection of "Miss
Chula Vista", in an amount not to exceed $2,650, in fiscal year
91-92 .
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3. The Jaycees agree to submit, on a yearly basis,
complete report of all expenditures and shall specifically list
purposes furthered by the city appropriated funds of $9,880
fiscal year 91-92.
a
the
for
4. That the Council of the City of Chula vista at its
discretion may require the Chula vista Jaycees to provide or allow
the city to undertake a complete financial audit of their records.
5. That the term of this agreement shall be for
of one (1) year, from 7-1-91 through 6-30-92, unless
modified to include other permitted expenditures of funds
appropriated by the City Council.
a per iod
further
that are
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
CHULA VISTA JAYCEES
Mayor of the City of Chula Vista
~~
Parade Chairman
ATTEST
City Clerk
Approved as to form by
~1tCity~~~~~
,(1('11
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Ol05a
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AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS
OF THE UNITED NATIONS DAY COMMITTEE IN REGARD
TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered into this day of
July, 1991, by and between the CITY OF CHULA VISTA, a municipal
corporation, hereinafter referred to as "City", and the UNITED
NATIONS DAY COMMITTEE, hereinafter referred to as "Committee";
WIT N E SSE T H :
-----------
WHEREAS, the City Council of the City of Chula Vista has
determined that the designation of a united Nations Day Committee
serves a valid public purpose, and
WHEREAS, the Ci ty Council of the Ci ty of Chula vista
desires to encourage the beneficial aims of the united Nations
Day Committee through appropriation of reasonable amounts of City
funds, and
WHEREAS, the City
consideration of requests
and individuals, and
Counci 1 has
for funding
established a policy for
by private organizations
WHEREAS, such policy stipulates that no expenditure may
be made out of any appropriation awarded said organizations
unless an agreement has been reached between the parties setting
out the terms and conditions for the expenditure of such funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. The organization known as
Committee agrees to promote friendly
members of different nations who corne to
the united
relations
Chula Vista.
Nations
between
Day
all
2. That the united Nations Day Committee agrees to
expend City appropriated funds to meet bona fide obligations
incurred in performing services related to the united Nations Day
program, not to exceed $380 for fiscal year 91-92.
3. The Committee agrees to submit, on a yearly basis, a
complete report of all expel)di tures and shall specifically list
the purposes furthered by the City appropriated funds of $380 for
fiscal year 91-92.
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4. That the Council of the City of Chula Vista at its
discretion may require the united Nations Day Committee to provide
or allow the City to undertake a complete financial audit of their
records.
5.
of one (ll
modified to
appropriated
That the term of this agreement shall be for
year, from 7-1-91 through 6-30-92, unless
include other permitted expendi tures of funds
by the City Council.
a per iod
further
that are
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
UNITED NATIONS DAY COMMITTEE
Mayor of the City of Chula Vista
~~
Kltty Raso, C alrman
ATTEST
Clty Clerk
Approved as to form by
A.I-- ~.-J ~ ..(~I<I
'l\jI':City Attorney
-2-
0103a
(
It .J,..
AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS
OF GRETCHEN EVANS LIBRARY CONCERTS IN REGARD TO
THE EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered into the day of
July, 1991, by and between THE CITY OF CHULA VISTA, a municipal
corporation, hereinafter referred to as "City" and GRETCHEN EVANS
LIBRARY CONCERTS, hereinafter referred to as "Gretchen Evans";
WIT N E SSE T H :
-----------
WHEREAS,
determined that
Concerts serves a
the City Council of the City of Chula Vista has
the function of the Gretchen Evans Library
valid public purpose, and
WHEREAS, the City Council of the City of Chula vista
desires to encourage the beneficial aims of the Gretchen Evans
Library Concerts through appropriation of reasonable amounts of
City funds, and
WHEREAS, the City
consideration of requests
and individuals, and
Council has
for funding
established a policy for
by private organizations
WHEREAS, such policy stipulates that no expenditure may
be made of any appropriation awarded said organization unless an
agreement has been reached between the parties setting out the
terms and conditions for the expenditure of such funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. Gretchen Evans agrees to provide a total of seven
1 ibrary concer ts, three in the fall and four in the spr ing. Of
these seven concerts, the City will appropriate and expend
$1,560.00 for same during the 1991-92 fiscal year.
2. Gretchen Evans agrees to
funds to meet bona fide obligations
services related to the library concerts.
expend Ci ty appropriated
incurred in performing
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3. Gretchen Evans agrees to submi t, on a year ly bas is,
a complete report of all expenditures and shall specifically list
the purposes furthered by the City appropriated funds of $1,560
for fiscal year 1991-92.
4. That the Council of the City of Chula vista, at its
discretion, may require Gretchen Evans to provide or allow the
City to undertake a complete financial audit of her records.
5. That the term of this agreement shall be for a
period of one (1) year, from 7-1-91 through 6-30-92, unless
further modified to include other permitted expenditures of funds
that are appropriated by the City Council.
IN WITNESS WHEREOF,
agreement to be executed the
forth.
the parties hereto have caused this
day and year first hereinabove set
THE CITY OF CHULA VISTA
GRETCHEN EVANS LIBRARY CONCERTS
Mayor of the City of Chula Vista
~7 n j{~
Gretchen Evans
ATTEST
City Clerk
Approved as to form by
l)U..U fL./)\ 161ft
kicity AttorneyO
,
I
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Ol04a
\\~ ~
AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS
OF THE CHULA VISTA HUMAN SERVICES COUNCIL IN REGARD
TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered into this day of
JUly, 1991, by and between the CITY OF CHULA VISTA, a municipal
corporation, hereinafter referred to as "City", and the CHULA
VISTA HUMAN SERVICES COUNCIL, hereinafter referred to as "CVHSC":
WIT N E SSE T H .
WHEREAS, the City Council of the City of Chula vista has
determined that the designation of a Chula Vista Human Services
council serves a valid public purpose, and
WHEREAS, the Ci ty Counci 1 of the City of Chula vista
desires to encourage the beneficial aims of the Chula Vista Human
Services Council through appropr ia tion of reasonable amounts of
City funds, and
WHEREAS, the City
consideration of requests
and individuals, and
Council has established a policy for
for funding by private organizations
WHEREAS, such policy stipulates that no expenditure may
be made out of any appropriation awarded said organizations
unless an agreement has been reached between the parties setting
out the terms and conditions for the expenditure of such funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
l.
their input
programs.
The Chula vista Human Services Council will provide
and suggestions in matters relating to social service
2. The Human Services Council will expend City
appropriated funds not to exceed $3,500 to defray operating
expenses for holding meetings and forums within the City, produce
a quarterly newsletter, and for the purchase of office supplies,
postage and printing.
3. The Committee agrees to submit, on a yearly basis, a
complete report of all expenditures and shall specifically list
the purposes furthered by the City appropriated funds of $3,500
for fiscal year 91-92.
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4. That the Council of the City of Chula Vista at its
discretion may require the Chula Vista Human Services Council to
provide or allow the City to undertake a complete financial audit of
their records.
5.
of one (1)
modified to
appropriated
That the term of this agreement shall be for
year, from 7-1-91 through 6-30-92, unless
include other permi tted expenditures of funds
by the City Council.
a period
further
that are
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
CHULA VISTA HUMAN SERVICES
6:t ~~-
~ l
airman
Mayor of the City of Chula Vista
ATTEST
City Clerk
Approved as to form by
~LJ.~ 7(~(~1
thJ\City Attorney
5902a
(
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
1~'t.3Z.
Resolution: RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING
CERTAIN COMMISSION OFFICES VACANT NUNC PRO TUNC'
FOR FAILURE TO FILE STATEMENT OF ECONOMIC
INTERESTS.
City Clerk ~,r.(tJ. ~
City Attor~
Meeting Date:
Item /2
July 9, 1991
SUBMITTED BY:
(4j5ths Vote:
Yes
No_X_)
On February 12, 1991, the City Council adopted Resolution
15961 which added 16 new Boards and Commissions to the Conflict of
Interest Code, and 114 new persons to the list of those required to
file annual Statements of Economic Interest. Those who have not
filed are: Sue Miller, Library Board of Trustees, who objected to
the filing requirement on philosophic grounds; and Carlos Batara,
Charter Review and Robert Gordon, Human Relations Commission, who
have been non-responsive to demands to file, and who have generally
been less-than-participatory in their respective commissions.
Fines were imposed for these late filers by the City Clerk of
$10.00 per day, and they are now at their statutory maximum of
$100.00.
The City Clerk and the City Attorney believe that, as a policy
matter, it would be unproductive to engage in further enforcement
efforts in order to obtain complete compliance.
Recommendation:
Adopt the attached resolution which deems their failure to
file the required Statement of Economic Interest as an offer of
resignation of office, and deems the offices of Sue Miller, Carlos
Batara and Robert Gordon vacant retroactively (nunc pro tunc) as of
the date of the filing deadline for their Statement of Economic
Interests.
Reasons for Recommendation:
The reasons for the recommendation are as follows:
(1) Substantial compliance has been obtained. Out of the new
114 commissioners who are now required to file, all but three
1. i.e., "retroactively"
boards1.wp
July 3, 1991
Al13 re Statement of Economic Interest Filers
Page 1
I'J. -/
have either filed their statements or resigned their
positions. This represents 97% voluntary compliance.
(2) The remaining non-filers are transitional cases: These
three persons were caught up in a mid-term change of policy
that was not a condition of the office at the time of their
entry into the office.z
(3) The city relies heavily on tpe "volunteer work force" of
its boards and commissions, and to subject some of their
members to criminal prosecution3 during the transitional
implementation of a new and somewhat controversial reporting
policy may send an unintended message of ingratitude for the
contributions of these volunteers.
(4) The Clerk has a system in place now to assure complete
compliance. The application form has been revised to indicate
which Boards and Commissions are required to file annual
statements of Economic Interest. The letter of appointment
which is sent by the Mayor will include a paragraph about the
filing requirement to those who must file. Lastly, each new
commissioner is handed the forms and instructions with the
Certificate of Appointment at the time of the swearing-in
ceremony.
Problem:
The fines imposed by the City Clerk for non-filing have
matured into an asset of the city4, and as a policy matter, waiver
2. This is a key element of the recommendation. We do not intend
on making a similar recommendation in the future for late filers.
3. section 91000, Government Code, provides that knowing and
wilfull violations of Fair Political Practices Act 1S a
misdemeanor, and may permit a fine of up to the greater of $10,000
or three times the amount the person failed to report, or illegally
contributed, expended, etc. In addition, section 92002 provides
that persons conficed of a misdemeanor under this title shall be a
candidate for any elective office for a period of four years
following the date of conviction unless the court otherwise
specifies at the time of sentencing.
4.
fining
City.
Section 91013 (c) provides that funds received under the
section are to be deposited into the general fund of the
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July 3, 1991
A113 re Statement of Economic Interest Filers
Page 2
IZ-2..
of such an asset, unless otherwise authorized,s are policy matters
for the Council.
Furthermore, the Code Section which imposes the $10 per day
fine6 does not permit the city Clerk to waive liability for the
fine if the statement of economic interest is not filed within 30
days.7
The recommendation of deeming the non-filing an offer of
resignation, and the resulting declaration of vacancy of Office,
retroactively, obviates the need for further enforcement action,
and effectively results in a revocation of the fine, without
technically constituting the waiver of liability apparently
prohibited by the Code. In this way, we believe that we are
achievin~ a just result without violating the terms of the
statute.
Boards/Commissions Recommendation:
Not applicable. The city Clerk mailed a copy of this report
to the affected persons.
Backqround:
The city of Chula vista has a total of 285 Board and
commission members; 1269 are required to file annual Statements of
5. For example, the city council has authorized the city Manager
to waive, under certain circumstances, certain permit fees.
6. Government Code Section 91013. Unless otherwise specified,
references are to the Government Code.
7. It should be noted that the greatest leniency period is granted
for failure to file Statement of Economic Interests. In other
words, no waiver is permitted beyond 5 days for failure to file
second preelection campaign statements, or beyond 10 days for all
other reports. Section 91013.
8. The city Attorney recognizes that we are engaging in a legal
convention here in order to obtain a just result. It is not the
policy of the office to do so frequently. We do not expect the
circumstance producing this one will reoccur.
9. 133 if you consider the 7 members of the Planning commission
who are required to file the functionally equivalent form, labeled
Form 721.
boards1.wp
July 3, 1991
Al13 re Statement of Economic Interest Filers
Page 3
/2 -.,3
Economic Interests, of which 12 have historically been required to
file and 114 of which are required by the most recent amendments to
the Conflict of Interest Codes. Of the 126 required commissioner-
filers, there are three commissioners who have failed to file.
Contacts have been made both by phone and by letter without
obtaining compliance. Fines have been levied and bills have been
mailed. However, compliance has not occurred. Currently, the city
Clerk has two options: collect the fines through small claims
court which mayor may not result in obtaining the required filing
or turn the cases over to the District Attorney for prosecution.
The latter may result in unnecessary expenses to the city.
In the case of Sue Miller, her second term of office expired
June 30, 1991. She indicated she would not comply and had been at
the Council meetings to protest addition of the Library Board to
the list of those required to file annual statements. However,
since Ms. Miller's term of office is over, and she has served the
community well for eight years and is not. eligible for
reappointment, it is requested that the Council declare the
position terminated effective April 15, 1991 (the due date for the
statement per Resolution 16044) for lack of compliance with the
statement of Economic Interest filing requirement.
Carlos Batara was appointed to the Charter Review Committee on
January 8, 1991. We had some difficulty reaching him to get him
sworn into office; he has not filed an assuming office statement of
Economic Interest. currently, the Assistant City Attorney is in
the process of declaring the position vacant because of lack of
attendance. In order to close Mr. Batara's file, it is requested
that the city council declare the position vacant effective April
1, 1991 (the due date for the statements per Resolution 15961).
Robert Gordon was appointed to his first term on the Human
Relations Commission on August 2, 1990. Since he has failed to
even communicate with staff, it is recommended that Council take
action to remove him from office for failure to file a statement of
Economic Interest to be effective April 1, 1991 (the due date for
the statements per Resolution 15961).
Fiscal Imoact:
The city will not collect $300,lObut will also save the costs
of collection which would substantially exceed that amount.
10. section 91013(c) limits the liability for fines imposed for
late filing of statements of Economic Interest to $100 per person.
boards1.wp
July 3, 1991
Al13 re statement of Economic Interest Filers
Page 4
1:<' - 'I
RESOLUTION NO. 1~~3')..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, DECLARING CERTAIN
COMMISSION OFFICES VACANT NUNC PRO TUNC FOR
FAILURE TO FILE STATEMENT OF ECONOMIC
INTERESTS.
WHEREAS, on February 12, 1991, the city Council adopted
Resolution No. 15961 which added 16 new Boards and Commissions to
the Conflict of Interest Code, and 114 new persons to the list of
those required to file annual statements of Economic Interest; and,
WHEREAS, those who have not filed are: Sue Miller, Library
Board of Trustees, Carlos Batara, Charter Review and Robert Gordon,
Human Relations Commission; and,
WHEREAS, fines were imposed for these late filers by the city
Clerk of $10.00 per day, and they are now at their statutory
maximum of $100.00 each, or $300.00 in total; and,
WHEREAS, the City Clerk and the City Attorney have recommended
th~t, as a policy matter, it would be unproductive to engage in
further enforcement efforts in order to obtain complete compliance
for the following reasons:
(1) Substantial compliance has been obtained. Out of the new
114 commissioners who are now required to file, all but three
have either filed their statements or resigned their
positions. This represents 97% voluntary compliance.
(2) The remaining non-filers are transitional cases: These
three persons were caught up in a mid-term change of policy
that was not a condition of the office at the time of their
entry into the office.
(3) The city relies heavily on the "volunteer work force" of
its boards and commissions, and to subject some of their
members to criminal prosecution during the transitional
implementation of a new and somewhat controversial reporting
policy may send an unintended message of ingratitude for the
contributions of these volunteers.
(4) The Clerk has a system in place now to assure complete
compliance. The application form has been revised to indicate
which Boards and Commissions are required to file annual
Statements of Economic Interest. The letter of appointment
which is sent by the Mayor will include a paragraph about the
filing requirement to those who must file. Lastly, each new
commissioner is handed the forms and instructions with the
boards1.wp
July 3, 1991
Al13 re statement of Economic Interest Filers
Page 1
I:;' .5
Certificate of Appointment at the time of the swearing-in
ceremony; and,
WHEREAS, furthermore, the Code Section which imposes the late
filing, and authorizes waiver of liability of same does not permit
the city Clerk to waive liability for the fine if the statement of
economic interest is not filed within 30 days; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The failure of a Board Member, Committee person,
or Commissioner of the City of Chula Vista, to file Statements of
Economic Interests, as required by the City of Chula Vista Conflict
of Interest Code and Government Code Section 91013, may, upon
determination of the city Council, be deemed to constitute a tender
of resignation from the Office which created the requirement to
file.
Section 2. The City Council accepts as of April 15, 1991 the
resignation of Sue Miller from the Library Board of Trustees, and
hereby declares that the Office of the Library Board of Trustee
held by Sue Miller is deemed vacant as of March 15, 1991.
section 3. The City Council accepts as of April 1, 1991 the
resignation of Carlos Batara from the Office of Charter Review
Commissioner, and hereby declares that the Office of the Charter
Review Commissioner held by Carlos Batara is deemed vacant as of
April 1, 1991.
section 4. The City Council accepts as of April 1, 1991 the
resignation of Robert Gordon from the Office of Human Relations
Commission, and hereby declares that the Office of the Human
Relations Commissioner held by Robert Gordon is deemed vacant as of
April 1, 1991.
Section 5. Nothing herein shall invalidate any vote,
resolution, or other action of any board, committee or commission
taken between the date of vacation of office of said persons and
the effective date of this resolution.
Section 6. This resolution shall take and be in full force
and effect immediately upon the passage and adoption hereof.
Section 7. The City Clerk shall certify to the passage and
adoption of this Resolution; shall enter the same in the book of
original Resolutions of said City; and shall make a minute of the
passage and adoption hereof in the minutes of the meeting at which
the same is passed and adopted.
boards1.wp
July 3, 1991
Al13 re Statement of Economic Interest Filers
Page 2
IZ -(,
Presented by:
Beverly Authelet
City Clerk
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July 3, 1991
Al13 re statement of Economic Interest Filers
Page 3
1~-7
COUNCIL AGENDA STATEMENT
ITEM
I~
MEETING DATE
July 9. 1991
ITEM TITLE: RESOLUTION )(,:z.~" Ratifying agreement between the City and John
Burnham and Company for benefit consulting services and authorizing the Mayor to
execute the agreement.
SUBMITTED BY: DIRECTOR OF PERSONNEL ~~
REVIEWED BY: CITY MANAGE~. (4/5th Vote: Yes___ NO~
(I
In January, 1991, the City did not renew its agreement for employee benefit
consulting services with The Wyatt Company because the two principals of that
firm had left to join another firm in Texas. Instead, the City issued a Request
for Proposal (RFP) for consulting services.
Six proposals were recei ved and evaluated by a Health Insurance Committee
consisting of the Risk Manager, representatives from each of the bargaining units
and other employee groups (Unclassified/Unrepresented, Mid-Management and
Executive). On the basis of the Committee's evaluation, staff recommends that
John Burnham & Company be retained as consultant for the City's various employee
benefit programs.
RECOMMENDATION: that Council adopt the resolution.
BOARDS AND COMMISSIONS RECOMMENDATIONS: N/A
DISCUSSION: The City has been utilizing employee benefit consulting services
from The Wyatt Company since January, 1988. In 1991, the City did not renew its
agreement with The Wyatt Company because the two principals we had been dealing
with left to join another firm in Texas. After meeting with the Health Insurance
Committee, it was agreed that the City would issue an RFP.
Six proposals were received and four finalist candidates were selected for an
interview by a selection committee. Criteria used in evaluating the firms
included technical skills, knowledge, education and experience of the principals
and thei r support staff, oral and written communi cat ions abil ity and thei r
credi bi 1 i ty. After careful consi derati on, the se 1 ecti on committee I s
recommendation is to appoint John Burnham & Company as consultant for the City's
employee benefit plan.
FISCAL IMPACT: A total of $20,000 has been approved in the 1991-92 Insurance
Budget plus $13,000 in encumbered funds from the 1990-91 Insurance Budget that
would have otherwise been paid to The Wyatt Company, will cover the costs of this
contract.
A:\(AJ13)\BURNHAMJ
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RESOLUTION NO. lie 2..35
.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND JOHN BURNHAM & COMPANY FOR
BENEFIT CONSULTING SERVICES AND APPROPRIATING FUNDS
THEREFOR,
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 by the City Council
of the City of Chula Vista that that certain agreement between
the CITY OF CHULA VISTA, a municipal corporation, and JOHN
BURNHAM & COMPANY for benefit consulting services
dated the day of 1991, a copy of which is attached
hereto and ~ncorpora ted herein, the same as though fully set
forth herein be, and the same is hereby ratified.
BE IT FURTHER RESOLVED that the Mayor of the Ci ty
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
Approved as to form by
Candy Boshell, Director of
Personnel
J-.-J
Bruce M.
Attorney
9010a
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Agreement with
John Burnham & Company
for Employee Benefit Consulting Services
This Agreement is made this 1st day of July, 1991 for the purposes of
reference only, and effective as of the date last executed between the
parties, between the City of Chula Vista ("City") herein, a municipal
corporation of the State of California, and John Burnham & Company, a firm
(.Consultant"), and is made with reference to the following facts:
Recita 1 s
Whereas, City desires the professional services of an employee benefits
consultant; and.
Whereas, Consultant warrants and represents that they are experienced
and staffed in a manner such that they are and can prepare and deliver the
services required of Consultant to City within the time frames herein provided
all in accordance with the terms and conditions of this Agreement; and,
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
I. Consultant's Scope of Work
Consultant agrees to perform a full range of services related to the
acquisition, implementation, maintenance, communication and improvement
of the City's group health, dental and life insurance benefits.
Specific responsibilities include, but are not limited to:
A. Assisting the City in administering all group insurance plans,
responding to questions from and providing information to staff
representatives, settling claim disputes and other oversight
services during the course of the program.
B. Assisting the City in complying with all related laws and
regulations as well as contract requirements.
C. Reviewing claims experience census, claims service and claims
administration to ensure maximum benefit to the City.
D. Determining and recommending the most economical funding method
for benefit programs.
E. Representing the City in negotiations with providers on all
issues, including those related to premiums, benefit levels, plan
design and special terms and conditions.
F. Meeting with and providing reports to various City representatives
including the Risk Management Office, City Council, City
Management, employee groups and the Health Insurance Committee.
13-3
G. Conducting data gathering activities with employees to ascertain
benefit needs, levels of satisfaction, benefit education needs and
the like.
H. Assisting the City with the implementation and communication of
new programs or changes to existing programs, which may include
attending Open Enrollment meetings.
I. Researching and advising the City of new developments in the law
and employee benefit programs on an on-going basis.
J. As requested by the City, soliciting bids from insurance markets
which specialize in group insurance plans as needed and supplying
the City with original documents from all bid solicitations
received.
K. Evaluating bids and bidders, including claims payment procedures,
abilities, experience and history, reserve establishment policies
and financial soundness, and identifying the most cost-beneficial
package from among the various bidders.
L. Coordinating with City representatives on labor relations issues
concerning group insurance and benefit programs.
M. Standard of Care - Consultant, in performing any services under
this agreement, whether Defined Services or Additional Services,
shall be performed in a manner consistent with that level of care
and skill ordinarily exercised by members of the profession
currently practicing under similar conditions and in similar
locations.
II. Insurance
Consultant shall, throughout the duration of this Agreement, maintain
the following insurance coverages.
A. Commercial General Liability Insurance including Business
Automobile Liability Insurance in the amount of $1 million
combined single limit, which names the City of Chula Vista as
additional insured and is primary to any insurance policy carried
by the City.
B. Insurance Agent's errors and omissions insurance in the amount of
$250,000.
C. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance in the amount of $1 million.
All policies shall be issued by a carrier that has a Best's Rating
of "A, Class V", or better, or shall meet with the approval of the
City's Risk Manager.
Consultant will provide, prior to commencement of the services
required under the agreement, certificates of insurance for the
coverages required in this section, and, for Commercial General
Agreement with John Burnham & Company
Page 2
l~"~
Liability Insurance, a policy endorsement for the City as
additional insured, and a policy endorsement stating the
consultant's insurance is primary, and a policy endorsement
stating that the limits of insurance apply separately to each
project away from premises owned or rented by Consultant.
Certificates of insurance must also state that each policy may not
be canceled without at least thirty (30) days written notice to
the City.
III. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the consultant for the purpose of
reviewing the progress of the Scope of Work and to provide
direction and guidance. In addition thereto, City agrees to
provide census information, copies of existing benefit plans and
Memoranda of Understanding.
B. Compensation
City will pay Consultant a sum not to exceed $33,000 for all work
set forth in Section II of this Agreement. Consultant shall be
paid for services in accordance with the maximum fee set forth
herein by billing the City on a monthly basis using the following
hourly rates:
Consulting Services
Actuarial Services
Paraprofessional Services
Assembly, typing, etc.
C. Reductions in Scope of Work
City may from time to time reduce the Scope of Work by the
Consultant to be performed under this Agreement. City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the fee associated
with said reduction.
$150.00 per hour
$225.00 per hour
$ 60.00 per hour
$ 25.00 per hour
IV. Administration of Contract
The City hereby designates the Risk Manager, or her written designee, as
its representative for the review and administration. of the work
performed by Consultant herein required.
V. Term
Consultant shall perform all of the Defined Services herein required of
it by not later than June 3D, 1992.
'.
VI. Financial Interests of Consultant
Consultant warrants and represents that neither he, nor his immediate
Agreement with. John Burnham & Company
Page 3
l~ -s
family members, not hi s employees or agents ("Consultant Associ ates")
presently have any interest, directly or indirectly, whatsoever in
recommending employee benefit programs.
Consultant further warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward or
gain has been made to Consultant or Consultant Associates. Consultant
promises to advise City of any such promise that may be made during the
Term of this Agreement, or for 12 months thereafter.
Consultant agrees that neither Consultant nor his immediate family
members, nor his employees or agents, shall acquire any such Prohibited
Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with
Consultant's responsibilities under this Agreement.
VII. Hold Harmless
Consultant shall defend, indemnify and hold harmless the City, its
elected and appointed officers and employees, from and against all
claims for damages, liability, cost and expense (including without
limitation attorneys' fees) arising out of the conduct of the
Consultant, or any agency or employee, subcontractors, or others in
connection with the execution of the work covered by this Agreement,
except only for those claims arising from the sole negligence or sole
willful conduct of the City, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses, attorneys'
fees and liability incurred by the City, it officers agents, or
employees in defending against such claims, whether the same proceed to
judgment or not. Further, Consultant at its own expense shall, upon
written request by the City, defend any such suit or action brought
against the City, its officers, agents, or employees. Consultants'
indemnification of City shall not be limited by any prior or subsequent
declaration by the Consultant.
VIII.Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner his/her obligations under this Agreement, or if Consultant
shall violate any of the covenants, agreements or stipulations of this
Agreement, City shall have the right to terminate this Agreement by
giving written notice to Consultant of such termination and specifying
the effective date thereof at least five (5) days before the effective
date of such termination. In that event, all finished or unfinished
documents, data, studies, surveys, reports and other materials prepared
by Consultant shall, at the option of the City, become the property of
the City, and Consultant shall be entitled to receive just and equitable
compensation for any work satisfactorily completed on such documents and
other materials up to the effective date of Notice of Termination, not
to exceed the amounts payable hereunder, and less any damages caused
City by Consultant's breach.
Agreement with John Burnham & Company
Page 4
\~.(,
IX. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason for
~ giving specific written notice to Consultant of such termination and
specifying the effective date thereof, at least thirty (30) days before
the effective date of such termination. In that event, all finished and
unfinished documents and other materials described hereinabove shall, at
the option of the City, become City's sole and exclusive property. If
the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation
for any satisfactory work completed on such documents and other
materials to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising
under this Agreement except as set forth herein.
X. Ass i gnabil i ty
The services of Consultant are personal to the City, and Consultant
shall not assign any interest in this Agreement, and shall not transfer
any interest in the same (whether by assignment or novation), without
prior written consent of City which City may unreasonable deny.
XI. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs,
plans, procedures, systems and any other materials or properties
produced under this Agreement shall be the sole and exclusive property
of City. No such materials or properties produced in whole or in part
under thi s Agreement shall be subject to pri vate use.. copyri ghts or
patent rights by Consultant in the United States or in any other country
without the express written consent of City. City shall have unre-
stricted authority to publish, disclose as may be limited by the
provisions of the Public Records Act, distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies,
data, statistics, forms or other materials or properties produced under
this Agreement. .
XII. Independent Contractor
City is interested only in the results obtained and Consultant shall
perform as an independent contractor with sole control of the manner and
means of performing the services required under this Agreement. City
maintains the right only to reject or accept Consultant's work
Products). Consultant and any of the Consultant's agents, employees or
representatives are, for all purposes under this Agreement, an
independent contractor and shall not be deemed to be an employee of
City, and none of them shall be entitled to any benefits to which City
employees are entitled including but not limited to, overtime,
retirement benefits, workers compensation benefits, injury leave or
other leave benefits.
XIII.Responsible Charge
Consultant hereby designates that Bradley Orr shall be Consultant's
representative ("Project Manager") to the project for the duration of
Agreement with John Burnham & Company
Page 5
v~..1
the project. No substitution for this position shall be allowed without
written approval from the City.
XIV. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement,
against the City unless a claim has first been presented in writing and
filed with the City of Chula Vista and acted upon by the City of Chula
Vista in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be amended,
the provisions of which are incorporated by this reference as if fully
set forth herein, and such policies and procedures used by the City in
the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith
with City for the purpose of resolving any dispute over the terms of
this Agreement.
XV. Attorney's Fees
Should that dispute result in litigation, it is agree that the
prevailing party shall be entitled to recover all reasonable costs
incurred in the defense of the claim, including costs and attorney's
fees.
Statement of Costs
In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document as a result of
the scope of work required of Consultant, Consultant shall include, or
cause the inclusion, in said report or document a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts
relating to the preparation of the report or document.
Agreement with John Burnham & Company
Page 6
~~-~
Agreement with
John Burnham & Company
for Employee Benefit Consulting Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
this day of , 1991.
CITY OF CHULA VISTA
BY:
Tim Nader
Mayor, City of Chula Vista
Attest:
Beverly Authelet,
City Clerk
Approved as to form:
Bruce M. Boogaard,
City Attorney
JOHN BURNHAM & COMPANY
BY:
A:\(Al13)\BURNHAM.J
Agreement with John Burnham & Company
Page 7
\~-'i
,
;.
l~;ID
COUNCIL AGENDA STATEMENT
Item ~
ITEM TITLE:
Meeting Date 7-9-91
Resolution /(..1..3~ Ratifying lease agreement between
city of Chula vista and Woodlawn Park civic League,
Inc. for use of commercial office space for the
Woodlawn Park Library and authorizing the mayor
to execute said agreement.
Library Director ~\..-
SUBMITTED BY:
REVIEWED BY: City Manager~ (4j5ths Vote: Yes___No-X-)
I
On December 20, 1988 the City Council approved Resolution 13905
accepting responsibility as successor agency to operate two San
Diego County branch libraries in the Montgomery annexed area. The
Woodlawn Park Library is located at 115 Spruce Road, Chula vista.
The Library desires to continue operating the branch library at
this location and renew for one year a commercial lease with the
Woodlawn Park civic League, Inc., for commercial office space at
115 Spruce Road in Chula vista.
BOARDS AND COMMISSIONS RECOMMENDATION: NjA
RECOMMENDATION:
Approve lease.
DISCUSSION:
The lease term shall commence on July 1, 1991 and expire on June
30, 1992. The office space is approximately 608 square feet
costing $.34 per square foot. The lessor agrees to maintain the
interior and exterior of the building and to pay for all utilities.
The lessor is responsible for property taxes. All parties to the
lease shall hold liability insurance. The city's negotiated lease
is for $205 per month, or $2,460 per year. This renewal represents
a 4.1% increase of $8 a month or $96 a year.
The lease is renewable under a cost-of-living formula for four
additional years. The formula insures that the rent will annually
increase by no more than 50% of the region's cost of living index.
The Library is requesting the City Manager or his designee be
authorized to exercise the City's option to extend the term in
annual increments.
FISCAL IMPACT:
In the FY 1991-92 budget, the Library requested $2,460 for rental
of this facility. Therefore, there will be sufficient funds to
cover the negotiated lease amount of $2,460.
14-1
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA RATIFYING LEASE AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND WOODLAWN PARK CIVIC LEAGUE, INC. FOR USE
OF COMMERCIAL OFFICE SPACE FOR THE WOODLAWN PARK
LIBRARY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, on December 20, 1988, the City Council approved
Resolu tion 13 90 5 accepting responsibili ty as successor agency to
operate two San Diego County branch libraries in the Montgomery
annexed area, and
WHEREAS, the woodlawn Park Library has been located at
115 Spruce Road for many years and staff desires to continue
operating the branch library at this location and recommends
en ter ing into a one-year lease for the property, wi th au thor i ty
in the City Manager to extend for up to four one-year periods,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain lease agreement between
THE CITY OF CHULA VISTA, a municipal corporation, and WOODLAWN
PARK CIVIC LEAGUE, INC. for use of commercial office space for
the Woodlawn Park Library, dated the 1st day of July, 1991, a
copy of which is on file in the Office of the City Clerk, and
incorporated herein, the same' as though fully set forth herein
be, and the same is hereby ratified.
BE IT FURTHER RESOLVED that the Mayor of the ci ty 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
Approved as to form by
Rosemary Lane, Library Director
Bruce M. Boogaar
. 1 ('l("I1
ity Attorney
5808a
/Y:- ~
LEASE AGREEMENT
This lease agreement, made and entered in this 28 day of
June, 1991 by and between Woodlawn Park civic Leaaue hereinafter
referred to as "Lessor" and the city of Chula Vista, a Charter city
in the State of California, hereinafter referred to as "City"
whereby the parties hereto agree as follows:
1. DESCRIPTION. The Lessor hereby leases to the City that
portion of the real property situated in the City of Chula Vista,
County of San Diego, commonly known as: 115 Spruce Road. Chula
vista. CA 91911, consisting of: see Addendum "A".
2. ADMINISTRATION. This lease agreement shall be
administered on behalf of the City by the Library Director or
designated representative of the Library Director of the city of
Chula vista. The city Manager or designated representative is
authorized to exercise the city's option to extend the term of this
lease as provided in paragraph hereof ~
3. NOTICE. Any notice or notices provided by this lease or
required by law to be given or served upon either party may be
given or served by depositing the same in the united States Mail,
postage prepaid addressed to the Lessor at: 115 Spruce Road. Chula
Vista. CA 91911 and addressed to the city at: Chula Vista Public
Library, 365 F street, Chula Vista, CA 91910, attention: Library
Director, or said notices may be personally served upon the Lessor
or the City at the address shown or to such other address as Lessor
or City may subsequently specify in writing.
4. TERM. The term of this Lease is 12 months commencing on
Julv 1. 1991 and terminating on June 30. 1992. The city shall have
an option to extend this Lease upon the expiration thereof for four
additional periods of twelve months each upon the same terms and
conditions as stated herein. Such option shall be exercised by the
city by giving written notice of intent to exercise option at least
30 days in advance of the normal expiration of this lease or of
each succeeding extension thereof.
5. RENT. The rent to the Lessor shall be $205.00 (Two
Hundred Five Dollars) per month and shall be paid by the city on
the first of the month next following the month in which such
rental was earned, except that if the first day of the term shall
not be the first of the month, rent shall be appropriately
prorated. Rent shall be paid to the Lessor at the following
address: 115 Spruce Road. Chula vista. CA 91911.
6. COST OF LIVING ADJUSTMENT. Beginning July 1, 1992 and for
each succeeding twelve month period, the monthly rental provided
for above shall be adjusted to reflect any increase or decrease in
the purchasing power of the dollar by the use of the following
formula: R= $205.00 (1 + 0.50[BjC-1]) wherein R equals the adjusted
monthly rental for each month of the particular twelve month
period; B equals the average monthly consumer price index as
herein defined for the first full calendar quarter immediately
)if ..3
t
\,~ , -,-
preceding the commencement of the twenty-four month period for
which the adjusted monthly rental is being computed; C equals the
average monthly consumer price index as herein defined for the
first full calendar quarter immediately preceding the commencement
of the term of this lease.
The consumer price index which shall be used as the source for
such index numbers shall be that published by the United states
Department of Labor, Bureau of Labor Statistics, Consumer Price
Index for the San Diego Metropolitan Area, Wage Earners Index
7. UTILITIES. The Lessor shall pay for all utili ties
necessary for the use and enjoyment by the City of the demised
premises. The Lessor shall provide trash service and trash bins on
the premises for use by the city.
8. INSURANCE. The city shall be responsible for liability
arising from the City's use of the demised premises that are
exclusively for use and under control of the City and for City
property and improvements within the demised premises occupied by
the City. The Lessor shall be required to insure the structure,
and shall maintain public liability insurance including bodily
injury and property damage for areas used in common such as, but
not limited to parking areas adjacent to the demised premises. The
Lessor shall provide evidence of $500,000.00 public liability
insurance in the form of a Certificate of Insurance and Policy
Endorsement which names the city of Chula vista as additional
insured to the City Clerk at 276 Fourth Ave. Chula vista CA 92010.
9. CITY'S PERMITTED USES. It is the intention of the City
to occupy and use the demised premises for a branch City library
but the City reserves the right to occupy and use the demised
premises for any other proper governmental purpose.
10. REPAIRS. The Lessor shall, at his sole expense, provide
all exterior maintenance and all structural repair including but
not limited to exterior painting and roofing. The Lessor shall, at
his sole expense further provide major maintenance and repairs
costing over $300.00 to all heating, ventilation, air-conditioning,
cooling, plumbing, water supply, sewer and electrical equipment,
and do so in a timely manner.
11. MAINTENANCE. The Lessor shall provide all necessary
janitorial services within the demised premises. The Lessor at
his sole expense shall maintain the parking area, exterior lighting
and landscaping.
12. INSTALLATION AND ALTERATION. The City may install any
and all equipment and fixtures necessary or desirable for the
City's use of the demised premises, but shall make no permanent
alterations or additions to said demised premises without the
written consent of the Lessor. All such equipment and fixtures
installed by the City shall remain the property of the City and
may be removed at or before the termination of this lease or
extension thereof, and any damage to the demised premises
occasioned by such installation and/or removal shall be repaired
by the City upon request by the Lessor. The Lessor shall make any
necessary alterations to meet the requirements of fire regulations.
- 2 -
,4 -~
13. PARKING. The City will be provided with unrestricted
access to the parking areas during normal business hours.
14. EXTERIOR SIGNS. The City shall be permitted to place
such signs as are necessary on the front of the demised premises.
15. EXTERIOR BOOKDROP. The Lessor shall permit the City to
place a bookdrop and access to it, in the parking lot.
16. DAMAGE OR DESTRUCTION. In the event that the demised
premises should be partially damaged by fire or any other cause
during the term of this lease or extensions thereof, other than
through the fault of negligence of the city, repairs shall be made
by the Lessor at his sole expense, and with all reasonable dispatch
and the City shall be allowed a reduction of rent in proportion to
the ratio of the damaged area to the entire demised premises. Such
reduction of rent shall continue during the time required for the
Lessor to make such repairs. If in the opinion of the City the City
can continue to use and occupy the demised premises without
substantial inconvenience there shall be no reduction of rent. In
the event the damage by fire or other cause other than through the
fault or negligence of the City amounts to the substantial
destruction of the demised premises, this lease agreement may be
terminated by either party at its option by giving notice of
intention to the other party within 30 days following said
destruction; if the lease agreement is not so terminated, the City
shall not be liable for any rent until repairs and reconstruction
have been made by the Lessor to the satisfaction of the City. If
the demised premises are substantially damaged or destroyed through
the fault or negligence of the City, its officers, employees or
persons on the demised premises for the purpose of transacting
business with the city, this lease shall not terminate and it shall
be the obligation of the City, at its sole expense, to reconstruct
or repair said demised premises.
17. QUIET POSSESSION. The Lessor for himself, his heirs,
devisee, successors, agents or assignees covenants and agrees that
the City upon payment of the rent and compliance with all the terms
and conditions of this lease may lawfully, peacefully and quietly
have, hold, use, occupy and enjoy the demised premises and each
part thereof during the term of this lease of extension thereof
without hindrance or interruption from the Lessor, his heirs,
devisee, successors, agents or assignees. The Lessor has and
reserves the right at any reasonable time to enter upon the demised
premises to inspect or to perform any obligation imposed by this
lease, but in so entering, shall conduct himself so as to minimally
interfere with the city's use and enjoyment of the demised
premises.
18. HOLDING OVER. Any holding over by the city after the
expiration of the term of this lease shall be construed to be a
tenancy from month-to-month at the monthly rental specified herein
and on the terms and conditions herein specified so far as the same
may be applicable. Such holding over shall include any time
required by the city to remove its equipment and fixtures and
repair the premises as hereinbefore specified.
- 3 -
/ L/ -5
19. DEFAULT. In the event either party shall default in the
performance of any terms or conditions of the lease agreement and
shall fail to cure such default within 30 days following service
upon the defaulting party of a written notice of such default
specifying the default or defaults complained of, the complaining
party may forthwith terminate this lease agreement by serving the
defaulting party written notice of such termination.
20. ENTIRE LEASE. The parties hereto have herein set forth
the entirety of their agreement.
Lessor:
Dated:
Dated:
City of Chula vista:
- 4 -
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COUNCIL AGENDA STATEMENT
Item IS
Meeting Date 07/09/91
ITEM TITLE: Resolution 1(,1.!l5 Approving and Ratifying the Contract for
Loan Guarantee Assistance with the United States Department of
Housing and Urban Development (HUD); the Grant Agreement and
Loan Guarantee Acceptance Provisions; the 1991-A Fiscal Agency
Agreement with Chemical Bank; Authorizing Issuance of Notes for
$750,000; Appropriating the Proceeds of Said Loan to the Norman
Park Senior Center Renovation Project; and Reappropriating Previous
Years CDBG Funds for the Loan Origination Charges
SUBMITTED BY: Community Development Director C _L., -
REVIEWED BY: City Managed, '
'tJ (4/Sths Vote: Yes..x. No _)
BACKGROUND:
Under CDBG regulations the City can apply to HUD for a Section 108 loan guarantee of
up to six times the City's annual entitlement. The Section 108 loans are underwritten by
private financial institutions and future year's CDBG entitlement funds are pledged toward
repayment of the loan. The City has previously taken out Section 108 loans to purchase
property for low-income housing.
On December 18, 1990 the City awarded the contract for the Norman Park Senior Center
Renovation to Davidson Construction for $2.3 million. At that time, the City directed staff
to initiate an application to HUD for a Section 108 loan guarantee of $750,000. On January
22, 1991 the City held a public hearing and approved the submission of the loan application
to HUD. On June 13, 1991 HUD approved the loan guarantee and forwarded loan
documents to the City for execution by July 3, 1991.
RECOMMENDATION: That the City Council adopt the resolution: (1) Approving the
Contract for Loan Guarantee Assistance and Funding Approval with the U.S. Dept. of
Housing and Urban Development, the 1991-A Fiscal Agency Agreement with Chemical
Bank and ratify the Mayor's execution of same; (2) Authorizing the issuance of Promissory
Notes for $750,000 and appropriate the proceeds of said loan to the Norman Park Senior
Center Renovation project; and (3) Reappropriating previous years CDBG funds for the
loan origination charges.
BOARDS/COMMISSIONS RECOMMENDATION: The Commission on Aging
recommended in favor of the application for a Section 108 Loan Guarantee of $750,000 for
the Norman Park Senior Center Renovation.f
/5-/
Item IS-
Meeting Date 07/09 /91
Page Two
DISCUSSION:
At the December 18, 1990 meeting, the Council directed staff to initiate a Section 108 loan
guarantee application in the amount of $750,000 for the Norman Park Senior Center
Renovation project. A public hearing was held on January 22, 1991 and the City Council
approved the loan application for submittal to HUD.
On June 13, HUD approved the loan guarantee and sent the loan documents by Federal
Express to the City; they requested that the executed documents be returned by July 3 for
the loan sale on July 17.. The documents arrived too late to be approved by the Council
at their meeting of June 18. Since the Council did not meet for another three weeks, and
in order to meet the HUD-imposed deadline, the Mayor executed the loan documents and
submitted them to HUD.
If for any reason the Council chooses not to approve the loan documents, then staff will
immediately contact HUD to retract the agreements prior to the loan sale. HUD will be
submitting the loan documents to the intermediary financial institution on July 10 and the
loan sale will take place on July 17. Although the interest rate on the loan will not be
established until July 10, staff predicts that it will be between 8.5 and 9%.
THE LOAN DOCUMENTS
The documents which were executed by the Mayor and submitted to H.U.D are as follows:
. Series 1991-A Fiscal Agency Agreement and Master Fiscal Agency Agreement
among all the Borrowers and Chemical Bank (attachment #1). These
agreements set forth the City and the Bank's duties and responsibilities. All
the jurisdictions applying for Section 108 assistance are parties to this
agreement.
. The Contract for Loan Guarantee A~sistance (attachment #2). This Contract
provides when and how payment of the costs of the public offering is to be
made. The final amount of the costs will not be known until the week before
July 17, the public offering date. At that time (about July 10), HUD will
notify the City regarding these amounts.
. The Promissory Notes (attachment #3). There are three Notes in the amount
of $250,000, one for each principal maturity. The first interest payment is due
February 1992. The date of the Notes will be July 17, the public offering
date.
. Grant Agreement and Loan Guarantee Acceptance Provisions (attachment
#4). This document amends the Grant Agreement authorized by HUD on
June 21, 1990 (our annual entitlement funds agreement) to include the
15' ..z...
Item IS
Meeting Date 07/09/91
Page Three
loan guarantee assistance. Our line of credit will be automatically
increased by $750,000. The Agreement includes a condition that the City
utilize the Loan Guarantee by December 1, 1992.
. Opinion of Counsel and Timeline (attachment #5 and #6). The letter and
timeline were required by H.D.D. in order to complete our submittal.
REPAYMENT OF THE LOAN
The City agrees to pledge future CDBG entitlement funds as security for the loan. The City
has submitted a repayment plan (see attachment #7). Basically, the City will make principal
payments once a year for three years beginning in August 1992 and interest payments twice
a year (February and August) for three years beginning in February 1992.
The Loan Origination Fee (about $12,000) and the February 1992 interest payment (about
$35,000) will need to be paid this year. For the loan origination charges, surplus CDBG
funds in the amount of $15,230 are available in the Economic Development Revolving Fund
account. For the first interest payment (about $35,000), funds are available in the Norman
Park Senior Center Renovation Project (10% contingency reserve). It is expected that the
Renovation will be completed by December 1991. If for any reason the contingency reserve
has been fully expended at that time, then the Council will have to reallocate funds from
another completed CDBG project to pay the February 1992 interest payment.
FISCAL IMPACT:
The exact fiscal impact of the Section 108 loan guarantee depends on the interest rate
established on July 10. Repayment of the Section 108 loan will reduce the amount of funds
available for other CDBG capital improvement projects over the next three years. The City
receives approximately $1.2 million annually for the CDBG program. Of this amount, about
$800,000 is available for capital improvement projects. Over the next 3 years of repayment,
only $500,000 to $600,000 will be available for CIP projects.
Attachment 1:
Attachment 2:
Attachment 3a
3b
3c
Attachment 4:
Attachment 5:
Attachment 6:
Attachment 7:
Series 1991-A Fiscal Agency Agreement (with Exhibit A, Master Fiscal Agency Agreement
Contract for Loan Guarantee Assistance
Note - Due Date August 1992
Note - Due Date August 1993
Note - Due Date August 1994
Grant Agreement and Loan Guarantee Acceptance Provisions
Letter: Opiniol! of Counsel
Text: Timeline for Activities
Text: Repayment Schedule
IC:\ WP51 \ COUNCIL \ CHEM-BANK.1l3]
I$~~IIS-i
RESOLUTION NO. 1~2.35
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA APPROVING AND
RATIFYING THE CONTRACT FOR LOAN GUARANTEE
ASSISTANCE WITH HUDi THE GRANT AGREEMENT AND
LOAN GUARANTEE ACCEPTANCE PROVISIONS; THE
1991-A FISCAL AGENCY AGREEMENT WITH CHEMICAL
BANK; AUTHORIZING ISSUANCE OF NOTES FOR
$750,000; APPROPRIATING THE PROCEEDS OF SAID
LOAN TO THE NORMAN PARK SENIOR CENTER
RENOVATION PROJECT; AND REAPPROPRIATING
PREVIOUS YEARS CDBG FUNDS FOR LOAN ORIGINATION
CHARGES
WHEREAS, the City is in need of additional funds for the
construction of the Norman Park Senior citizen Center; and,
WHEREAS, the city, as authorized by the Resolution No. 16040,
on January 22, 1991, has applied for a Section 108 Loan Guaranty
from HUDi and,
WHEREAS, HUD has approved, on June 13, 1991, our application
and is willing to guaranty our loan in the amount of $750,000,
secured by the pledge of future allocations of CDBG entitlements;
and,
WHEREAS, because the City Council did not meet for the last
two weeks in June, there was insufficient time to bring the
documents to the city Council in advance of their execution and
delivery to HUD to meet HUD's document delivery date of July 3,
1991 and their Note Sale deadline date of July 17, 1991;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
section 1. The City Council does hereby approve the Contract
for Loan Guarantee Assistance, City Clerk Document No. ; the
Grant Agreement and Loan Guarantee Acceptance provisions, City
Clerk Document No. ; the Master Fiscal Agency Agreement among
the Borrowers and Chemical Bank (No. ); the Series 1991-A
Fiscal Agency Agreement (No. ) ; and the three
Promissory Notes ("Notes") (Nos. , and
respectively); copies of all of which are on file in the Office of
the city Clerk.
section 2. The City Council does hereby approve for execution
the Contract for Loan Guarantee Assistance, the Grant Agreement and
Loan Guarantee Acceptance Provisions; the Series 1991-A Fiscal
Agency Agreement, and the three prommisory Notes, and ratifies the
secl08.wp
July 3, 1991
Reso re Section 108 Loan Program
Page 1
\'5 -5
Mayor I S execution of same, and authorize the issuance of said
prommisory Notes.
section 3. The City Council does hereby appropriate the
proceeds from said notes into Account No. 646-6460-PRllOA, the
Norman Park Senior Center Renovation Project.
section 4. The City Council hereby reappropriates all of the
funds remaining from the Economic Development Revolving Fund,
Account Nos. 633 6330 BG 201, 634 6340 BG 201, and 635 6350 BG 201;
to Normal Park section 108 Loan Repayment Fund, Account No. 647-
6470-PR111, for loan origination charges in the amount of
$15,230.00.
section 5. This resolution shall take and be in full force
and effect immediately upon the passage and adoption hereof.
section 6. The City Clerk shall certify to the passage and
adoption of this Resolution; shall enter the same in the book of
original Resolutions of said City; and shall make a minute of the
passage and adoption hereof in the minutes of the meeting at which
the same is passed and adopted.
Presented by:
CL~~/
ChrJ.s Salomone
Community Development Director
Approved as to form by:
JO;lLJIJ~ 76f"
Bruce M. Boogaard .
City Attorney .
sec108.wp
July 3, 1991
Reso re section 108 Loan Program
Page 2
\t;-I,
ATTACHMENT 1
SERIES 1991-A FISCAL AGENCY AGREEMENT
Section 1. This SERIES 1991-A FISCAL AGENCY AGREEMENT (the
"Fiscal Agency Agreement") is made and entered into as of this
12th day of June, 1991, by and among the undersigned Borrowers
(collectively, the "Borrowers") and Chemical Bank, a New York
banking corporation, as Fiscal Agent (the "Fiscal Agent").
Section 2. The parties agree that all terms and provisions
of the Master Fiscal Agency Agreement by and among the Borrowers
and the Fiscal Agent, a copy of which is attached hereto as
Exhibit A, are by this reference thereto incorporated herein and
made a part of this Fiscal Agency Agreement, and the parties
hereby agree to be bound by all such terms and provisions.
Section 3. All demands, notices and communications
hereunder shall be in writing and shall be deemed to have been
duly given when and if personally delivered at or mailed by
registered mail, postage prepaid (a) in the case of a Borrower,
to the address specified below, or such other address as may
hereafter be furnished to the Fiscal Agent in writing by such
Borrower, and (b) in the case of the Fiscal Agent, to 55 Water
Street, Room 606, New York, New York 10041, Attention: Mortgage-
Backed Securities Department in the Corporate Trustee
Administration Department, or such other address as may hereafter
be furnished to the Borrowers in writing by the Fiscal Agent.
This Fiscal Agency Agreement may be executed in several
counterparts, each of which shall be an original and all of which
together constitute but one and the same instrument.
IN WITNESS WHEREOF, the Borrowers and the Fiscal Agent have
caused their names to be signed hereby by their respective
officers thereunto duly authorized as of the day and year first
above written.
CHEMICAL BANK
THE BORROWERS
By:
MUNICIPALITY OF AGUADILLA,
PUERTO RICO
Authorized Officer
By:
Title:
Address:
.
Attention:
IS".. 7
k) - 1(PJ.3S
(It) 7/- 1/7
I~"?
CITY OF CBULA VISTA,
CALIFORNIA
BY:~ ,~~
Title:M:y_~
Address: ~1~~Jf~t;S ~~~\~~
Attention: fuvlcI H or;IS
CITY OF CINCINNATI, OHIO
By:
Title:
Address:
Attention:
CITY OF COUNCIL BLUFFS, IOWA
By:
Title:
Address:
Attention:
~
4
EXHIBIT A
MASTER
FISCAL AGENCY AGREEMENT
among
the
BORROWERS
and
CHEMICAL BANK,
as Fiscal Agent
/.s- ';
((- /b~3 5
(}YI/- l!~
TABLE OF CONTENTS
section Page
2.01.
2.02.
2.03.
3.01.
3.02.
3.03.
3.04.
3.05.
3.06.
3.07.
3.08.
3.09.
3.10.
4.01.
5.01.
5.02.
5.03.
6.01.
7.01.
7.02.
7.03.
7.04.
7.05.
7.06.
7.07.
7.08.
7.09.
ARTICLE I: DEFINITIONS
Definitions......................................... 1
ARTICLE II: DELIVERY AND REGISTRATION OF NOTES
Details of Notes................................... 6
Acceptance by Fiscal Agent......................... 7
Authorization Order................................ 7
ARTICLE III: ADMINISTRATION OF NOTES
Modification of Notes.............................. 9
Fixing of Record Date.............................. 9
Collection on Guarantees........................... 10
Notification of Amounts Due........................ 10
collection of Payments; Note Account............... 10
Defeasance Account................................. 11
Fiscal Agent to Act as Paying Agent................ 13
Permitted Charges Against Note Account............. 14
Fiscal Agent to Cooperate; Release of Notes........ 15
Replacement Notes................................................................... 15
ARTICLE IV: PAYMENTS
payments.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... 17
ARTICLE V: REGISTRATION OF NOTES
Registration of Transfers and Exchanges of Notes... 18
Persons Deemed Holders............................. 20
Maintenance of Office or Agency.................... 20
ARTICLE VI: RIGHTS AND DUTIES OF BORROWERS
Compensation and Indemnification of Fiscal Agent... 20
ARTICLE VII:
RIGHTS AND DUTIES OF FISCAL AGENT
Duties of Fiscal Agent............................. 22
Certain Matters Affecting Fiscal Agent............. 24
Fiscal Agent Not Liable for Notes.................. 25
Eligibility Requirements for Fiscal Agent.......... 25
Resignation and Removal of Fiscal Agent........... 26
Merger or Consolidation of Fiscal Agent............ 28
Fiscal Agent May Own Notes......................... 29
Fidelity Bond or Insurance......................... 29
Fiscal Agent Not Liable for Investments............ 29
/$""../0
8.01.
9.01-
9.02.
9.03.
9.04.
9.05.
9.06.
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
ARTICLB VIII: TERXlKATION
Termination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
ARTICLB IX: MISCELLANEOUS PROVISIONS
Amendment. . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30
Inspection of Documents by Holders................. 31
Governing Law........................................................................... 32
Notices. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... 32
Severability of Provisions......................... 33
Counterparts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33
Form of Authorization Order................... A-l
DTC Letter to Fiscal Agent.................... B-1
Letter of Representations from
Fiscal Agent to DTC...................... C-l
Form of Notice of Missed Borrower Payment
from Fiscal Agent to Secretary........... 0-1
Form of Notice for Guarantee Payment
from Fiscal Agent to Secretary........... E-l
ii
IS'..II 115, l'h
MASTER
~I8CAL AGENCY AGRBBKBHT
This FISCAL AGENC't AGREEMENT (the "Agreement") is made and
entered into by and among the Borrowers, as hereinafter defined
(the "Borrowers") and Chemical Bank, a banking corporation
organized and existing under the laws of the State of New York,
as Fiscal Agent (the "Fiscal Agent").
In consideration of the premises and of the mutual
agreements herein contained, the parties agree as follows:
ARTICLE I
DEFINITIONS
Whenever used in this Agreement, the following words and
phrases, unless the context otherwise requires, shall have the
following meanings:
Act: The Housing and Community Development Act of 1974, as
amended, 42 U.S.C. S 5301 et seq.
Aareement: This Fiscal Agency Agreement and all amendments
and supplements hereto.
Authorization Order: The written order of the Secretary
delivered to the Fiscal Agent pursuant to Section 2.03 hereto, in
substantially the form set forth in Exhibit A hereto.
Authorized Officer: When used with respect to the Fiscal
Agent, means the chairman or any vice-chairman of the board of
1
;.:.-;. /3
directors, the chairman or any vice-chairman of the executive
committee of the board of directors, the chairman of the trust
committee, the president, any vice president, the secretary, any
assistant secretary, the treasurer, any assistant treasurer, the
cashier, any assistant cashier, any trust officer or assistant
trust officer, the controller or any assistant controller or any
other officer of the Fiscal Agent customarily performing
functions similar to those performed by any of the above
designated officers and also means, with respect to a particular
corporate trust matter, any other officer to whom such matter is
referred because of his knowledge of and familiarity with the
particular subject.
Authorized Official: When used with respect to the united
states Department of Housing and Urban Development, the Secretary
and any other official of such department who at the time shall
have been duly authorized to act on behalf of the Secretary.
Beneficial Owners: The actual purchasers of the Notes whose
ownership interests therein will be recorded through the book-
entry system of DTC.
Borrowers: units of general local government, or public
agencies designated by such units, which have issued debt
obligations guaranteed by the secretary pursuant to section 108.
Business Dav: A day on which banking institutions in New
York City are not required or authorized to remain closed and on
which the New York Stock Exchange is not closed.
Cede & Co.: The nominee name of DTC.
2
I~'/~
Contract: Any Contract for Loan Guarantee Assistance
entered into between a Borrower and the secretary providing for
the issuance of Notes and their related Guarantees by such
Borrower and the Secretary, respectively.
Corporate Trust Office: The office of the Fiscal Agent's
Mortgage-Backed Securities Department at Chemical Bank, which, at
the date of the execution of this Agreement, is located at 55
Water Street, Room 606, New York, New York 10041, or the office
of a successor fiscal agent.
DTC: The Depository Trust Company, a securities depository
for the Notes and their related Guarantees or its nominee.
Date of Note: The date of note stated on any Note, which
shall be the date on which the Note and its related Guarantee are
delivered initially to the Holders.
Defeasance Account: with respect to any Note, any account
created and maintained pursuant to section 3.06.
Default: A default by a Borrower under the terms of its
Note.
Director. Financial Manaqement Division: The Director of
the Financial Management Division, Office of the Assistant
secretary for Community Planning and Development, u.s. Department
of Housing and Urban Development, and any other official of such
department who at the time shall have been duly authorized to act
on behalf of such Director.
Fee Account: with respect to any Note, any account created
and maintained pursuant to section 6.01.
3
,.-
1~~/5
Fiscal Aqent: Chemical Bank, a banking corporation
organized and existing under the laws of the state of New York,
or its successor in interest, or any successor fiscal agent
appointed as herein provided.
Government Obliqation: A direct obligation of, or any
obligation for which the full and timely payment of principal and
interest is guaranteed by, the united states of America,
including but not limited to, united states Treasury Certificates
of Indebtedness, Notes and Bonds - state and Local Government
Series, or certificates of ownership of the principal of or
interest on direct obligations of, or obligations unconditionally
guaranteed by, the united states of America, which obligations
are held in trust by the Fiscal Agent.
Guarantee: with respect to any Note, the related Guarantee
made by the Secretary pursuant to Section 108 by which the
Secretary guarantees the timely payment of the principal of and
interest on such Note.
Guarantee pavment: Any payment made by the secretary
pursuant to a Guarantee.
Holder: The Person in whose name a Note is registered in
the Note Register.
Letter of ReDresentations: The letter from the Fiscal Agent
to be furnished to DTC in accordance with Section 7.01 herein, in
substantially the form set forth in Exhibit C hereto.
Maturitv Date: The stated maturity date of a Note, and with
respect to any Notes called for redemption prior to maturity, the
4
IS"/~
date on which such Notes are redeemed.
~: Any note issued by a Borrower and guaranteed by the
Secretary pursuant to Section 108.
Note Account: wLth respect to any Note, the account created
and maintained pursuant to section 3.05.
Note Reaister: The Register maintained by the Fiscal Agent
pursuant to Section 5.01.
Opinion of Counsel: A written opinion of counsel for the
Secretary, who may be, but does not have to be, an employee of
the Department of Housing and Urban Development.
Payment Date: with respect to a Note, each February 1 and
August 1 on which interest or principal is due and payable, or
whenever any payment under a Note shall be due on a saturday,
Sunday or holiday for the Holder of such Note, the first day
thereafter on which the Secretary and the Holder of such Note are
open for business.
Person: Any individual, corporation, partnership, joint
venture, association, joint-stock company, trust, unincorporated
organization or government, or any agency or political
subdivision thereof.
principal Amount: The principal amount stated on the face
on a Note.
Record Date: with respect to any Note, the close of
business on the fifteenth calendar day of the month next
preceding the month in which a Payment Date occurs.
Secretary: The Secretary of HOusing and Urban Development.
5
IS-I?
Section 108: section 108 of Title 1 of the Act.
Underwriters: The underwriters identified as such in the
Underwriting Agreement referred to in the Authorization Order
from the Secretary to the Fiscal Agent with respect to a
particular series of Notes.
ARTICLE II
DELIVERY AND REGISTRATION OF NOTES
SECTION 2.01. Details of Notes. From time to time
following the execution and delivery hereof, the Borrowers will
deliver or cause to be delivered to the Fiscal Agent certain
Notes and their related Guarantees. No later than two (2)
Business days before the time of any delivery of Notes to
Holders, the secretary shall deliver to the Fiscal Agent the
Notes of each Borrower. Each Borrower's Notes shall be in the
form of a separate, single, fully registered note in the amount
of each separate stated maturity of the Notes. On the date of
original delivery thereof to the Fiscal Agent, the Notes shall be
registered in the registry books of the Fiscal Agent pursuant to
instructions to be furnished by the Underwriters to the Fiscal
Agent at least two (2) Business Days before the date of delivery
to the Holders. The Borrowers authorize the Secretary to list
such Notes in the Authorization Order delivered by the Secretary
pursuant to section 2.03. The Fiscal Agent shall have no
6
IS:/Y
responsibility in respect of the authorizations of any Borrower
hereunder or with respect to the information supplied by the
Secretary in the Authorization Order from the Secretary pursuant
to section 2.03. Each Borrower does hereby designate and appoint
the Fiscal Agent as the paying agent and registrar of all of such
Borrower's Notes.
SECTION 2.02. AcceDtance bv Fiscal Aaent. Upon its receipt
of the Notes and their related Guarantees, the Fiscal Agent will
acknowledge receipt of such Notes and related Guarantees
delivered by the Secretary to the Fiscal Agent, as paying agent
and registrar, and will immediately deliver such Notes and
related Guarantees to the Holders in accordance with the terms
and conditions of this Agreement.
SECTION 2.03. Authorization Order. The Fiscal Agent agrees
that concurrently with its receipt of the Notes and their related
Guarantees from the Secretary on behalf of the Borrowers, and
upon receipt of an Authorization Order from the secretary and
such Opinion of Counsel and other documents as the Fiscal Agent
may reasonably request, the Fiscal Agent will register and
deliver the Notes and their related Guarantees in accordance
with, and upon the direction of, the Secretary as specified in
such Authorization Order.
Not less than two (2) Business Days (or such shorter period
as the Secretary and the Fiscal Agent shall agree upon) before
the time of any delivery of any Notes to Holders under this
7
1~-19
Agreement, the Secretary shall deliver an Authorization Order
substantially in the form of Exhibit A hereto, directing the
Fiscal Agent to register the Notes and deliver the Notes and
their related Guarantees in accordance with the terms set forth
therein.
Each such order shall set forth:
(a) the designation of the series of Notes;
(b) the name of the issue;
(c) the dates on which interest payments are due;
(d) the interest rates and Maturity Dates of the
Notes;
(e) the principal amount and maturity of the Notes of
each Borrower that the Secretary has authorized for delivery
by the Fiscal Agent, for registration and subsequent
delivery to the registered Holder;
(f) whether the Notes and their related Guarantees are
to be held physically by the Fiscal Agent or transferred to
DTC and the date such delivery or transfer is to occur;
(g) whether the Notes are subject to redemption or
acceleration prior to their Maturity Dates and if so, the
terms and conditions relating to any redemption or
acceleration; and
(h) any additional directions from the Secretary
regarding the public offering of the Notes.
8
IS ,.).()
ARTICLB III
ADMINISTRATION OF NOTBS
SECTION 3.01. Modification of Notes. Any term of any Note
may be modified by such amendments as may be agreed upon from
time to time by the Secretary and the Holder (or if the Holder is
DTC, by the Beneficial Owners of such Note) and the Borrower
under such Note. within fifteen (15) days after receipt by the
Fiscal Agent at its Corporate Trust Office of notice from the
Secretary of any meeting or other occasion for the giving of
consent by a Holder, the Fiscal Agent shall give notice to such
Holder, which notice shall contain (a) such information as is
contained in the notice received by the Fiscal Agent, (b) a
statement that such Holder at the close of business on the record
date specified in accordance with section 3.02 hereof will be
entitled, subject to any applicable provisions of law and any
applicable provisions of or governing such Notes, to consent to
the proposed change in the terms of such Holder's Note. No such
change in the terms of any Note shall alter or affect the
Secretary's guarantee of timely payment of all principal and
interest on such Note.
SECTION 3.02 Fixina of Record Date. Whenever the Fiscal
Agent is required to give notice pursuant to section 3.01, the
Fiscal Agent shall fix the Record Date (which shall be five (5)
days after receipt of notice thereof from the Secretary (or if
such day is not a Business Day then the next succeeding Business
9
IS.. J../
Day)) for the determination of the Holders who shall be entitled
to receive such notice. Only such Holders at the close of
business on such record date shall be entitled to receive any
such notice.
SECTION 3.03. Collection on Guarantees. Pursuant to each
Guarantee, the Secretary will unconditionally guarantee the
payment of all principal and interest on the Note to which such
Guarantee relates when and as due in accordance with the terms of
the Notes. Pursuant to the request of DTC, in substantially the
form set forth in Exhibit B hereto, the Fiscal Agent hereby
agrees to serve as DTC's agent solely for the purpose of
collecting payment on any guarantee while DTC or its nominee is
the Holder of the corresponding Note.
SECTION 3.04 Notification of Amounts Due. within four (4)
months after the date of this Agreement, the Fiscal Agent shall
prepare and provide to each Borrower a written schedule of total
principal and interest due on the Notes of such Borrower for each
Payment Date. One (1) month before each Payment Date, the Fiscal
Agent shall notify each Borrower in writing of the upcoming
payment and include in such notice written payment instructions
with respect to such payment.
SECTION 3.05. collection of Payments: Note Account. For
each of its Notes, a Borrower shall establish and maintain with
the Fiscal Agent a separate, non-interest bearing trust account
(a "Note Account") into which the Fiscal Agent shall deposit the
following:
10
I~-" 2 Z.
(a) All regular payments on such Note, including those
made by the Borrower, those made with funds transferred by
the Fiscal Agent from the Defeasance Account to the Note
Account, and those made by the Secretary pursuant to a
Guarantee; and
(b) All principal payments on such Note at its Maturity
Date, including those made by the Borrower, those made with
funds transferred by the Fiscal Agent from the Defeasance
Account to the Note Account, and those made by the Secretary
pursuant to a Guarantee.
Guarantee Payments made by the Secretary in accordance with
the terms of Section 3.07 herein shall be deposited by the Fiscal
Agent in the applicable Note Account. The moneys held as part of
a Note Account shall be held in trust for the benefit of the
Holder of the corresponding Note and shall be applied by the
Fiscal Agent in accordance with the provisions of Section 3.08
herein.
SECTION 3.06. Defeasance Account. For each of its Notes
that a Borrower elects to defease, the Borrower shall establish
and maintain with the Fiscal Agent a trust account (a "Defeasance
Account"), separate and apart from all other accounts of such
Borrower and the Fiscal Agent. The Borrower shall irrevocably
deposit in such account either moneys or Government Obligations,
which in the sole determination of the Secretary, mature and bear
interest at times and in amounts sufficient, together with the
moneys already on deposit with the Fiscal Agent for such purpose,
11
~~~3
to pay when due the principal and interest to become due on the
Notes. The moneys and any investments held as part of a
Defeasance Account shall be held in trust for the benefit of the
corresponding Holder and shall be applied by the Fiscal Agent
solely to the payment of principal of and interest on the related
Note. All of the Borrower's Notes or all of the Borrower's Notes
of any maturity may be defeased as provided herein. The
Borrower's election to defease any Note shall not result in the
payment of interest before the applicable due date or of
principal before the Maturity Date.
upon and in accordance with the Secretary's instructions
pursuant to the corresponding Contract, the Fiscal Agent shall
apply so much of the sums deposited in a Defeasance Account as
shall be necessary to purchase the Government Obligations
designated by the Secretary's instructions. The Fiscal Agent
shall collect on the due dates thereof the principal of and
interest and premium, if any, on the Government Obligations on
deposit in the Defeasance Account and shall, without further
authorization or direction, apply such receipts on each Payment
Date to the Payment of interest and principal then due. At the
opening of business on the relevant Payment Date, the Fiscal
Agent shall transfer from the Defeasance Account to the Note
Account the amount of interest and principal to be paid.
Receipts in excess of the amount necessary to make the
payments on each payment Date shall be reinvested by the Fiscal
Agent in Government Obligations maturing on or before the next
12
1~~~1
Payment Date. The Fiscal Agent shall collect on the due dates
thereof the principal of and interest and premium, if any, on
such Government Obligations, and shall, without further
authorization or direction, apply such receipts to the payment of
interest and principal on the next Payment Date. Amounts under
$5,000 that cannot be invested in such obligations on any Payment
Date may be held uninvested.
SECTION 3.07. Fiscal Aaent to Act as pavina Aaent. The
Fiscal Agent shall receive the payments due on the Notes and
deposit such payments in the Note Accounts as provided in
sections 3.05 and 3.06. Each Borrower shall make payments
directly to the Fiscal Agent by 3:00 p.m. (New York City time) on
the fifth Business Day next preceding the relevant Payment Date.
No later than 1:00 p.m. (New York City time) on the fourth
Business Day next preceding each Payment Date, the Fiscal Agent
shall determine whether all payments required to be made on the
Notes have been duly received from each Borrower. If such
payments have not been received, the Fiscal Agent shall notify
the Secretary by a telephone call to the Director, Financial
Management Division, confirmed in writing by telex or telecopy in
the form attached hereto as Exhibit 0, that the Secretary may be
required to make a Guarantee Payment, and shall provide notice of
the amount of such payment. If a payment required to be made by
a Borrower on a Note has not been duly received by the Fiscal
Agent by the close of business on the Payment Date, no later than
10:00 a.m. (New York city time) on the Business Day next
13
1~-..2S
succeeding the relevant Payment Date, the Fiscal Agent shall
notify the Secretary, by a telephone call to the Director,
Financial Management Division, confirmed in writing by telex or
telecopy,in the form attached hereto as Exhibit E, that the
Secretary is required to make a Guarantee Payment and shall
provide notice of the amount of such payment. The Secretary
shall make any required Guarantee payment by wire transfer to the
Fiscal Agent in immediately available funds, for subsequent
payment by the Fiscal Agent to the Holder in accordance with the
terms of Section 4.01 herein. If a payment required to be made
on a Note has not been duly received from either the Borrower or
the Secretary by the close of business on the second Business Day
next succeeding the Payment Date, pursuant to the terms of the
Borrower's Contract, interest shall accrue on the amount of such
payment at the stated rate from the applicable Payment Date until
the date of payment to the Fiscal Agent.
SECTION 3.08. Permitted Charqes Aqainst Note Account. The
Fiscal Agent shall, from time to time, withdraw funds from a Note
Account for the following purposes:
(a) to make payments to the Holders in the amounts
and in the manner provided for in Section 4.01;
(b) to reimburse the Secretary for a Guarantee
Payment made with respect to the Note to which such
Note Account relates, provided that such reimbursement
shall be limited to amounts received by the Fiscal
Agent that represent late recoveries of payments of
14
/ ~-.. :l.. (..
principal and/or interest respecting which any
Guarantee Payment was made; and
(c) to clear and terminate the Account pursuant to
section 8.01.
SECTION 3.09. Fiscal Aaent to Cooperate: Release of Notes.
Upon payment in full to the Holder of any Note (including
pursuant to the related Guarantee), the Fiscal Agent shall
release the Note to the Secretary.
SECTION 3.10. Replacement Notes. (a) In the event that
the Fiscal Agent is given notice that DTC has determined to
discontinue providing its services as securities depository with
respect to the Notes and their related Guarantees, the Fiscal
Agent shall arrange for another qualified securities depository
to maintain custody of the Notes and their related Guarantees.
If the Fiscal Agent fails to identify another qualified
securities depository, the Fiscal Agent and the Borrowers will
take appropriate action to deliver fully registered Notes to the
Beneficial Owners of the Notes.
(b) In the event the Secretary and all of the Borrowers
determine that continuation of the system of book-entry transfers
through DTC is not in the best interests of the Beneficial Owners
and so advise the Fiscal Agent, the Fiscal Agent will discontinue
the book-entry system with DTC. If the Fiscal Agent fails to
identify another qualified securities depository to replace DTC,
the Fiscal Agent and the Borrowers will take appropriate action
15
~~~7
to deliver fully registered Notes to the Beneficial OWners of the
Notes.
(c) If (i) DTC discontinues providing its services or the
book-entry system is d~scontinued as contemplated in subsections
(a) and (b) of this Section 3.10, (ii) another qualified
securities depository is not identified and (iii) the Fiscal
Agent is responsible for performing those functions previously
performed by DTC and any other function associated with a non-
book-entry transfer system, then the Fiscal Agent and the
Secretary (on behalf of the Borrowers) shall negotiate any
additional compensation to be paid to the Fiscal Agent under
section 6.01 in connection with such additional responsibilities.
(d) If (i) any mutilated Note is surrendered to the Fiscal
Agent, or the Fiscal Agent receives evidence to its satisfaction
of the destruction, loss or theft of any Note, and (ii) there is
delivered to the Fiscal Agent such security or indemnity as may
be required by it to hold it harmless, then, in the absence of
notice to the Fiscal Agent that such Note has been acquired by a
bona fide purchaser and upon the Holder's paying reasonable
expenses of the Fiscal Agent, the Borrower under such Note shall
execute and the Fiscal Agent shall deliver, in exchange for such
mutilated Note or in lieu of such destroyed, lost or stolen Note,
a new Note of like principal amount or appreciated Principal
Amount, as appropriate, date and tenor. If any such mutilated,
destroyed, lost or stolen Note has become or on or before the
next Note Payment Date will become due and payable, the Fiscal
16
I~;t.fr
Agent may, in its discretion, pay such Note when due instead of
delivering a new Note.
ARTXCLB XV
PAYMENTS
SECTXON 4.01. Payments. On each Payment Date relating to a
particular Note, the Fiscal Agent, as paying agent for the
Borrower under such Note, shall pay to the corresponding Holder
determined as of the close of business on the next preceding
Record Date (other than as provided in section 8.01 respecting
the final payment) all amounts credited to the Note Account
relating to such Note as of 10:00 a.m. (New York city time) on
the applicable Payment Date, other than amounts, if any, which
represent late recoveries of principal and/or interest respecting
which any Guarantee Payment was made. Interest payments on a
Note and, upon presentation and surrender of such Note at
maturity or at redemption, the Principal Amount, are payable (i)
by mailing a check payable in Federal funds to such Holder at the
address of such Holder on the Note Register or (ii) by wire
transfer to such commercial bank located in the continental
United States having appropriate facilities therefor as such
Holder may designate in writing to the Fiscal Agent (provided
that the Holder shall have given the Fiscal Agent appropriate
written wire transfer instructions not later than the Record Date
with respect to such payment). (If the Holder of a Note is DTC,
17
~~
interest and principal payment shall be paid by the Fiscal Agent
to CEDE & co., as nominee of DTC, or its registered assigns in
Federal funds on each Payment Date. Interest and principal, if
any, shall~be made payable to the order of "CEDE 6< co." and shall
be made by the Fiscal Agent by wire transfer to DTC at its
account specified by DTC in appropriate wire instructions given
to the Fiscal Agent, or in the absence of such instructions from
DTC, by mailing a check payable in Federal funds to DTC at its
address as the same shall appear in the Note Register).
ARTICLE V
REGISTRATION OP NOTES
SECTION 5.01. Reqistration of Transfers and Exchanqes of
Notes. The Fiscal Agent shall be the registrar of the Notes for
the purposes of registering the Notes and maintaining a record of
any transfers and exchanges of Notes as herein provided. The
Fiscal Agent shall cause to be kept at the office to be
maintained in accordance with the provisions of section 5.03
hereof, a Note Register in which it shall record for each Note,
the name and address of the registered Holder, the Principal
Amount and Maturity Date thereof and such other information as
may be required by applicable law or regulation.
Registration of transfer shall be subject to such reasonable
regulations as the Fiscal Agent may prescribe. No registration
of transfer or exchange of any Note may be made unless all
18
1~-",.3L)
information required to be provided by the Holder has been given
as provided in the form of Note. Upon surrender for registration
or transfer of any Note at the office that the Fiscal Agent
maintains xor such purpose pursuant to Section 5.03, the Fiscal
Agent shall execute and deliver, or cause the Borrower under such
Note to execute and deliver in the name of the designated
transferee or transferees, one or more new Notes of like
aggregate Principal Amount.
At the option of the Holder, a Note may be exchanged for
Notes of like aggregate Principal Amount, upon surrender at the
office that the Fiscal Agent maintains for such purpose pursuant
to section 5.03.
Every Note presented or surrendered for registration of
transfer or for exchange shall be duly endorsed by, or be
accompanied by a written instrument of transfer or authorization
for exchange in form satisfactory to the Fiscal Agent duly
executed by the Holder thereof or by its attorney duly authorized
in writing.
Exchanges and transfers will be without charge to the Person
presenting the Note for transfer or exchange, except that the
Fiscal Agent may require payment of a sum sufficient to cover any
tax or governmental charge that may be imposed in connection with
any transfer or exchange of a Note.
All Notes surrendered for registration of transfer or
exchange shall be cancelled by the Fiscal Agent in accordance
with its standard procedures. All such cancelled Notes shall be
19
IJ-' $./
forwarded to the Secretary by the Fiscal Agent from time to time.
SBCTIOR 5.02. Persons Deemed Holders. Prior to due
presentation of a Note for registration of transfer, the Borrower
under such Note, the secretary, the Fiscal Agent and any of their
agents may treat the Person in whose name any Note is registered
as the holder of such Note for the purpose of receiving payments
pursuant to Section 4.01 hereof and for all other purposes
whatsoever. Neither the Borrower, the Secretary, the Fiscal
Agent nor any of their agents shall be affected by notice to the
contrary.
SECTION 5.03. Maintenance of Office or Aaencv. The Fiscal
Agent shall maintain a designated office or agency where Notes
may be surrendered for registration of transfer or exchange and
where notices and demands to or upon the Borrowers or the Fiscal
Agent in respect of the Notes and this Agreement may be served.
The Fiscal Agent designates its Corporate Trust Office as such
office for said purposes.
ARTICLE VI
RIGHTS AND DUTIES OF BORROWERS
SECTION 6.01. ComDensation and Indemnification of Fiscal
Aaent. Each Borrower agrees to pay the Fiscal Agent an initial
fee as reasonable compensation for all services to be rendered by
it hereunder and as payment or reimbursement for all reasonable
expenses and disbursements to be incurred by the Fiscal Agent in
20
I~'.J t..
connection with the Agreement. The Fiscal Agent shall deposit
such fee in a Fee Account separate and apart from all other
accounts of such Borrower and the Fiscal Agent. On an annual
basis, commencing on the date the Notes are delivered initially
to the Holders, the Fiscal Agent will deduct from each Fee
Account the compensation due hereunder for such year. Each
Borrower also agrees to pay the Fiscal Agent any additional
compensation agreed to be paid to the Fiscal Agent pursuant to
the provisions of subsection (c) of section 3.10. Each Borrower
hereby acknowledges that upon its failure to pay the Fiscal Agent
the compensation due hereunder, the Secretary may pay such
compensation on behalf of such Borrower, which payment may be
satisfied out of grants pledged by such Borrower to the Secretary
as security for repayment of the Notes pursuant to the Contract.
Each Borrower also covenants to indemnify the Fiscal Agent
against, and to defend and to hold it harmless from any
liabilities and any related out-of-pocket expenses (including,
without limitation, fees and expenses of legal counsel) that it
may incur in connection with this Agreement or the Notes, other
than any liabilities and expenses arising out of the Fiscal
Agent's bad faith, willful misconduct or gross negligence. The
obligations of each Borrower to compensate and indemnify the
Fiscal Agent shall constitute indebtedness hereunder and shall
survive the satisfaction and discharge of this Agreement.
The Borrowers will pay all out-of-pocket expenses, including
fees and disbursements of counsel incurred by the Fiscal Agent in
21
~~33
the performance of its duties hereunder; provided, however, that
(a) the Fiscal Agent shall in no event acquire any lien upon any
Notes administered pursuant to this Agreement, or any moneys
received with respect thereto, or any claim against the Holders
of the Notes, by reason of the failure of the Borrowers to pay
any of such charges or expenses, and (b) the Borrowers shall not
be required to pay any out-of-pocket expenses incurred by the
Fiscal Agent to the extent that the expenses are chargeable under
Section 5.01 hereof to persons requesting the transfer or
exchange of Notes.
The terms of this section 6.01 with respect to claims
arising in connection with the Fiscal Agent's duties while acting
as such shall survive the termination of this Agreement or the
resignation or removal of the Fiscal Agent.
ARTICLB VII
RIGHTS AND DUTIES OP PISCAL AGENT
SECTION 7.01. Duties of piscal Aaent. The Fiscal Agent
undertakes to perform only such duties as are specifically set
forth in this Agreement. with respect to each Note and the
related Guarantee that are delivered to the Fiscal Agent, the
Fiscal Agent shall act as paying agent and registrar for the
Notes. Except upon compliance with the provisions of Sections
2.03 or 3.09, none of the Notes, their related Guarantees or any
other related instruments or documents shall be delivered by the
22
a~3r
Fiscal Agent to the Holders or to the Secretary, or otherwise
released from the possession of the Fiscal Agent.
The Borrowers hereby appoint the Fiscal Agent to act as
their agent in executing the Letter of Representations to be
delivered to DTC, in substantially the form set forth in Exhibit
C hereto.
No provision of this Agreement shall be construed to relieve
the Fiscal Agent from liability for its bad faith, willful
misconduct or gross negligence; provided, however, that:
(a) The duties and obligations of the Fiscal Agent
shall be determined solely by the express provisions of this
Agreement, the Fiscal Agent shall not be liable except for
gross negligence or willful misconduct in the performance of
such duties and obligations as are specifically set forth in
this Agreement, no implied covenants or obligations shall be
read into this Agreement against the Fiscal Agent and, in
the absence of bad faith on the part of the Fiscal Agent,
the Fiscal Agent may rely conclusively, as to the truth and
accuracy of the statements and contents and the correctness
of the opinions expressed therein, upon any certificates,
opinions, resolutions, statements, reports, documents,
orders or other instruments furnished to the Fiscal Agent
and conforming to the requirements of this Agreement; and
(b) The Fiscal Agent shall not be personally liable
for an error of judgment made in good faith by an Authorized
Officer or Authorized Officers of the Fiscal Agent, unless
23
~~
it shall be proved that the Fiscal Agent was grossly
negligent in ascertaining the pertinent facts.
SECTION 7.02. certain Matters Affectinq Piscal Aqent.
Except as otherwise provided in Section 7.01:
(a) The Fiscal Agent may rely and shall be protected
in acting or refraining from acting upon any resolution,
certificate of an Authorized Official, certificate of
auditors or any other certificate, statement, instrument,
opinion (including an oral opinion or advice of counsel),
report, notice, request, consent, order, appraisal, bond or
other paper or document believed by it to be genuine and to
have been signed or presented by the proper party or
parties;
(b) The Fiscal Agent may consult with counsel who may
be, but does not have to be, an employee of the Fiscal Agent
and any opinion of such counsel, whether oral or written,
shall be full and complete authorization and protection in
respect of any action taken, suffered or omitted by it
hereunder in good faith and in accordance with such opinion
of counsel, and the Fiscal Agent shall not be required to
take any action in violation of law or any action that
would, in its reasonable determination, expose it to any
fine or penalty imposed by law;
(c) The Fiscal Agent shall not be personally liable
for any action taken, suffered or omitted to be taken by it
in good faith and believed by it to be authorized or within
24
~~
the discretion or rights or powers conferred upon it by this
Agreement;
(d) The Fiscal Agent may exercise any of the powers
hereunder or perform any duties hereunder either directly or
by or though agents or attorneys and the Fiscal Agent shall
not be responsible for any misconduct or negligence on the
part of any agent, attorney or securities depository
appointed with due care by it; and
(e) The Fiscal Agent shall not be obligated to make
any investigation into the facts or matters stated in any
resolution, certificate, statement, instrument, opinion,
report, notice, consent, order, approval or other paper or
document.
SECTION 7.03. Fiscal Aaent Not Liable tor Notes. The
recitals contained herein and in the Notes shall be taken as
statements of each Borrower, and the Fiscal Agent assumes no
responsibility for the correctness of the same. The Fiscal Agent
makes no representation as to the validity or sufficiency of this
Agreement or of any Note, guarantee or related document or any
defeasance and shall not be held liable for any defect in any
portion thereof. The Fiscal Agent shall not be accountable for
the use or application by the Secretary or any Borrower of any of
the Notes or of the proceeds of such Notes.
SECTION 7.04. Bliaibilitv Reauirements tor Fiscal Aaent.
The Fiscal Agent hereunder shall at all times be a corporation
having its principal office in the State of New York and
25
~:37
organized and doing business under the laws of such state of the
United states of America, authorized under such laws to exercise
corporate trust powers, having a combined capital and surplus of
at least $100,000,000 and subject to supervision or examination
by Federal or state authority. If such corporation publishes
reports of condition at least annually, pursuant to law or the
requirements of the aforesaid supervising or examining authority,
then for the purposes of this section 7.04, the combined capital
and the surplus of such corporation shall be deemed to be its
combined capital and surplus as set forth in its most recent
report of condition so published. In case at any time the Fiscal
Agent shall cease to be eligible in accordance with the
provisions of this section 7.04, the Fiscal Agent shall resign
immediately in the manner and with the effect specified in
Section 7.05.
SECTION 7.05. Resianation and Removal of Fiscal Aaent.
Subject to the further provisions of this Section 7.05, the
Fiscal Agent may resign at any time and be discharged from its
duties as the Fiscal Agent hereunder by giving at least sixty
(60) days' prior written notice of such resignation to the
Secretary and the Borrowers and specifying the date on which such
resignation is to take effect, and the Fiscal Agent may be
removed by the secretary as the Fiscal Agent at any time, with or
without cause, by giving at least five (5) Business Days' prior
written notice of such removal delivered to the Fiscal Agent and
specifying the date on which removal is to take effect. Upon any
26
/~- -33
such resignation or removal, pursuant to the terms of each
Borrower's Contract, the Secretary may, without other formality
than appointment and designation in writing (a copy of which
written in~trument shall be promptly provided to the resigning or
removed Fiscal Agent), appoint a successor fiscal agent, provided
that such successor fiscal agent shall be eligible under the
provisions of Section 7.04. Any successor fiscal agent appointed
as provided herein shall execute, acknowledge and deliver to the
Secretary, the Borrowers and its predecessor fiscal agent an
instrument accepting such appointment hereunder, and thereupon
the resignation or removal of the predecessor fiscal agent shall
become effective and such successor fiscal agent, without any
further act, deed or conveyance, shall become fully vested with
all the rights, powers, duties and obligations of its predecessor
hereunder, with like effect as if originally named as fiscal
agent herein. upon acceptance by such successor fiscal agent of
its appointment hereunder or in the absence of such an
appointment upon the effective date of the resignation or removal
as specified in the applicable notice referred to above (or, if
the notice does not so specify, the expiration of the sixty (60)
or five (5) day period referred to above), the Fiscal Agent shall
deliver all of the Notes and their related Guarantees (if then
held by the Fiscal Agent) and other property relating to the
Notes then in its custody to such successor fiscal agent or the
secretary, as the case may be, all funds in or otherwise to the
credit of the Note Accounts, the Fee Account and the Defeasance
27
~~
Accounts. The Fiscal Agent shall otherwise release, assign and
deliver to such successor fiscal agent or the secretary, as the
case may be, against receipt by such successor fiscal agent or
the Secretary, as the case may be, including without limitation,
by transmitting to such successor fiscal agent or the Secretary,
as the case may be, for deposit in successor accounts,
established by the successor fiscal agent or the Secretary, as
the case may be, all other property relating to the Notes in its
possession, and effect a transfer of such property in such manner
and pursuant to such instruments as the Secretary shall
reasonably request. The Fiscal Agent shall likewise deliver at
such time to such successor fiscal agent or the Secretary, as the
case may be, all of the Note Registers and all related records
and documents in its possession. The Fiscal Agent shall not be
discharged from its duties or obligations hereunder following its
resignation or removal until such property has been delivered to
such successor or the Secretary, as the case may be, and
transferred, as provided above.
SECTION 7.06. Merqer or consolidation of Fiscal Aqent. Any
corporation into which the Fiscal Agent may be merged or
converted or with which it may be consolidated, or any
corporation resulting from any merger, conversion or
consolidation to which the Fiscal Agent shall be a party, or any
corporation succeeding to all or substantially all of the
corporate trust business of the Fiscal Agent, shall be successor
of the Fiscal Agent hereunder, provided such corporation shall be
28
~~
eligible under the provisions of section 7.04, without the
execution or filing of any paper or any further act on the part
of any of the parties hereto, anything herein to the contrary
notwithstanding.
SECTION 7.07. Fiscal Aqent Mav own Notes. The Fiscal Agent
in its individual or any other capacity may become owner or
pledgee of Notes with the same rights it would have if it were
not the Fiscal Agent.
SECTION 7.08. Fidelitv Bond or Insurance. So long as any
Note is administered hereunder, the Fiscal Agent shall at all
times maintain a fidelity bond or such insurance coverage in
respect of its fiscal agent capacity hereunder as it ordinarily
maintains when acting in such capacity.
SECTION 7.09. Fiscal Aqent Not Liable for Investments. The
Fiscal Agent shall have no liability for any loss sustained as a
result of any investments made pursuant to the instructions of
any of the parties hereto.
ARTICLE VIII
TERMINATION
SECTION 8.01. Termination. The respective obligations and
responsibilities of the Borrowers and the Fiscal Agent created
hereby with respect to any Note administered by the Fiscal Agent
(other than the obligations of the Borrowers and the Fiscal Agent
to make payments to Holders as hereafter set forth) shall
29
~~
terminate upon the final payment of the last Note administered by
the Fiscal Agent at its Maturity Date. No notice need be given
and final payment will be made from the corresponding Note
Account on. the next following Payment Date upon presentment and
surrender of the Note at the office maintained pursuant to
Section 5.03.
with respect to each Borrower, upon the final payment of
principal of and interest on each Note, for which a separate Note
Account has been established pursuant to section 3.05, the Fiscal
Agent shall notify the Secretary of any moneys deposited in such
Note Account that have remained unclaimed by any Holder entitled
to receive the same for at least two (2) years after the date
upon which such final payment should have been made. The Fiscal
Agent may, and upon receipt of a written request of the Secretary
shall, pay over to the Secretary the unclaimed amount so
deposited and the Holder shall thereafter look only to the
Secretary for payment of such unclaimed amount, and all liability
of the Fiscal Agent with respect to such unclaimed amount shall
thereon cease.
ARTICLE IX
MISCELLANEOOS PROVISIONS
SECTION 9.01. Amendment. Except as otherwise provided in
this Section 9.01, this Agreement may not be amended with respect
to a Borrower without the prior written consent of the Secretary
30
~~~
and of all other Borrowers; provided, however, that no such
amendment shall reduce in any manner the amount of, or delay the
timing of, payments received by the Fiscal Agent, including
Guarantee payments, which are required to be distributed on any
Note without the consent of the Holder of such Note. Subject to
the foregoing proviso, with the prior written consent of the
Secretary, a Borrower and the Fiscal Agent may from time to time
agree to amend any provision of this Agreement so long as such
amendment relates only to the Borrower and the Fiscal Agent and
shall not adversely affect the rights of the other Borrowers that
are parties hereto. No amendment, modification, termination or
waiver of any provision of this Agreement, nor any consent to any
departure by any party from any provision hereof binding upon
such party, shall be effective unless the same shall be in
writing and signed by the parties hereto, the Secretary and if
applicable, all other Borrowers. No such amendments,
modification, waiver or consent shall adversely affect the rights
of the Holder or Holders of any Note issued in accordance with
the terms of this Agreement and outstanding at the time of such
amendment, modification, waiver or consent. The Fiscal Agent
may, but shall not be obligated to, enter into any amendments
that affect its rights, duties and immunities under this
Agreement.
SECTION 9.02. Insnection of Documents bv Holders. The
Fiscal Agent shall keep a fully executed or conformed copy of
this Agreement (together with all amendments, supplements,
31
~~~
waivers and consents hereto) on file at its Corporate Trust
Office, and shall permit reasonable inspection (and limited
copying) to be made of this Agreement during normal business
hours by any Holder or by its designee, at such Person's expense,
provided that the Person purporting to be such Holder or designee
establishes his identity and capacity to the Fiscal Agent's
satisfaction.
SECTION 9.03. Governina Law. This Agreement and the Notes
and all rights hereunder and thereunder and provisions hereof and
thereof shall be governed by, and construed in accordance with,
the laws of the state of New York applicable to contracts made
and to be performed therein, and the obligations, rights and
remedies of the parties hereunder and thereunder shall be
determined in accordance with such laws.
SECTION 9.04. Notices. All demands, notices and
communications hereunder shall be in writing and shall be deemed
to have been duly given when and if personally delivered at or
mailed by registered mail, postage prepaid, (a) in the case of a
Borrower, to the address furnished on the signature pages
attached hereto, (b) in the case of the Secretary, to the United
States Department of Housing and Urban Development, 451 Seventh
Street, s.w., Washington, D.C. 20410, Attention: Director,
Fihancial Management Division, Office of the Assistant Secretary
for community Planning and Development, or such other address as
may hereafter be furnished to the Fiscal Agent in writing by the
32
~q
Secretary, and (c) in the case of the Fiscal Agent, to Chemical
Bank, 55 Water street, Room 606, New York, New York 10041,
Attention: Mortgage-Backed Securities Department or such other
address as may hereafter be furnished to the Borrowers and to the
Secretary, in writing, by the Fiscal Agent. The Fiscal Agent is
entitled to a copy of any notice given to any Borrower or to the
Secretary by any Holder. Any notice requested or permitted to be
mailed to a Holder shall be given by first class mail, postage
prepaid, at the address of such Holder as shown in the Note
Register. Any notice so mailed within the time prescribed in
this Agreement shall be conclusively presumed to have been duly
given, whether or not the Holder receives such notice.
SECTION 9.05. Severability ot Provision. If anyone or
more of the covenants, agreements, provisions, or terms of this
Agreement shall be for any reason whatsoever held invalid, then
such covenants, agreements, provisions or terms shall be deemed
severable from the remaining covenants, agreements, provisions,
or terms of this Agreement and shall in no way affect the
validity or enforceability of the other provisions of this
Agreement or of the Notes or the rights of the Holders thereof.
SECTION 9.06. Counternarts. This Agreement may be executed
in several counterparts, each of which shall be an original and
all of which together constitute one and the same instrument.
IN WITNESS WHEREOP, the Borrowers and the Fiscal Agent have
duly approved the terms and provisions hereof by causing the
names of their respective officers duly authorized to be executed
on counterpart agreements in respect of each series of Notes.
33
IS..tfr
EXHIBIT A
[FORM OF AUTHORIZATION ORDER]
Chemical Bank, as
Fiscal Agent under the
Fiscal Agency Agreement
referred to below
55 Water street
Room 606
New York, New York 10041
Attention:
Mortgage-Backed securities Department
Dear Sirs:
The following information is being furnished to you pursuant
to (i) Section 2.03 of the Fiscal Agency Agreement dated as of
, 19 providing for the issue of u.s. Government
Guaranteed~otes;-Series ,and (ii) Section of the
Underwriting Agreement dated as of ,19 .
Capitalized terms used herein and not otherwise-aefined herein
have the same meanings as in the Fiscal Agency Agreement.
ARTICLE I. Information regarding Notes to be registered in
the name of and delivered to the Holders:
(a) Note series:
(b) Name of issue:
(c) Interest Payment Dates: semiannual interest payments
on February 1 and August 1, commencing [insert first interest
Payment Date] to the Maturity Date indicated below.
(d)
MATURITY DATE
Interest
Rate
[insert August or February 1], 199
199
199
199
200
200
%
%
%
%
%
%
A-1
~~
(e)
SERIAL MATURITIES
(OOO's omitted)
BORROWER 199
199
199
199
199
200
200
Amount
(f) [state whether the Notes and their related Guarantees
are to be held physically by the Fiscal Agent or transferred to
The Depository Trust Company and the date such delivery or
transfer is to occur.]
(g) [state whether the Notes are subject to redemption or
acceleration prior to their Maturity Dates indicated above and if
so, the terms and conditions relating to any redemption or
acceleration].
(h) [Identify each Note the first page of which is to be
replaced with substitute pages enclosed herewith.]
ARTICLE II. [Instructions to the Fiscal Agent regarding
application of proceeds of the Notes, and of funds received by
the Secretary from the Borrower to be deposited with the Fiscal
Agent at the time of delivery of the Notes.]
Very truly yours,
SECRETARY OF HOUSING AND
URBAN DEVELOPMENT
By:
Name:
Title:
A-2
1~-...tl7
EXHIBIT B
[Letterhead of The Depository Trust company]
, 1991
Chemical 8ank, as
Fiscal Agent under the
Fiscal Agency Agreement
referred to below
55 Water street, Room 606
New York, New York 10041
Attention:
Mortgage-Backed Securities Department
Re:
$ Government Guaranteed
Notes. Series 1991-A
Dear Sirs:
The Depository Trust Company ("DTC") has agreed to make the
above-referenced Notes and their related Guarantees eligible for
DTC's services. Pursuant to the terms and provisions of the
Series 1991-A Fiscal Agency Agreement (the "Fiscal Agency
Agreement"), dated as of , 1991, entered into by
and among the Borrowers and Chemical Bank, a New York banking
corporation, as Fiscal Agent, the ownership of the Notes will be
registered by the Fiscal Agent in the name of Cede & Co., as
nominee for DTC.
DTC hereby acknowledges that so long as DTC or its nominee
is the sole Holder of the Notes, the Guarantees run directly to
DTC. Because DTC is acting only as securities depository for the
Notes, at the request of the Underwriters, DTC hereby appoints
the Fiscal Agent to act as DTC's agent solely for the purpose of
enforcing any Guarantees while DTC or its nominee is the sole
Holder of the Notes.
DTC assumes no liability for the appointment of the Fiscal
Agent as its agent for such purpose, or for any actions taken by
the Fiscal Agent. The Fiscal Agent agrees to indemnify and hold
harmless DTC and any of its employees, officers, directors and
shareholders from any claims relating to actions or omissions to
act by the Fiscal Agent in connection with enforcing the
Guarantees.
DTC will have no responsibility for any expenses incurred by
the Fiscal Agent in enforcing the Guarantees.
B-1
/~-..i/?
Capitalized terms used but not defined herein have the
meanings given them in the Fiscal Agency Agreement.
Very truly yours,
THE DEPOSITORY TRUST COMPANY
By:
Authorized Officer
Accepted:
CHEMICAL BANK,
as Fiscal Agent
By:
Authorized Officer
B-2
I~; '19
EXHIBIT C
LETTER OF REPRESENTATIONS
_, 1991
The Depository Trust Company
55 Water street
New York, New York 10041
Attention:
Richard Nesson
General Counsel's Office
Re:
$ U.S. Government Guaranteed
Notes, Series 1991-A, Guaranteed by the
Secretary of Housinq and Urban Develooment
Dear Sir or Madam:
The purpose of this letter is to set out certain matters
relating to the above-referenced Notes (the "Notes"). Each Note
is to be issued by a unit of general local government or its
designated public agency approved under S 108 (individually, the
"Borrower" and, collectively, the "Borrowers") of Title I of the
Housing and Community Development Act of 1974, as amended,
42 U.S.C. S 5308. Chemical Bank (the "Fiscal Agent") is acting
as Fiscal Agent of the Borrowers with respect to the Notes
pursuant to the Series 1991-A Fiscal Agency Agreement, dated as
of , 1991, by and among the Borrowers and the Fiscal
Agent. The Notes will be issued pursuant to resolutions or other
such documents of the Borrowers authorizing the issuance of the
Notes (the "Documents"). paineWebber Incorporated, Pryor,
McClendon, Counts' Co., Inc., Merrill Lynch' Co. and Salomon
Brothers Inc (collectively, the "Underwriters") are distributing
the Notes through The Depository Trust Company ("DTC").
To induce DTC to accept the Notes and their related
Guarantees as eligible for deposit at DTC and to act in
accordance with its rules with respect to the Notes and their
related Guarantees, the Fiscal Agent makes the following
representations to DTC:
1. Subsequent to Closing on the Notes on
, 1991, there shall be deposited with DTC
one Note (and its related Guarantee) in registered form
registered in the name of DTC's nominee, CEDE' CO.,
for each stated maturity of the Notes of each Borrower
in the face amounts set forth on Schedule A hereto, the
total of which represents 100% of the aggregate
C-1
1~"S'b
principal amount of such Notes.
2. The Documents provide for the solicitation of
consents from holders of the Notes under certain
circumstances. The Fiscal Agent shall establish a
record date for such purposes and give DTC notice of
such record dated not less than 15 calendar days in
advance of such record date to the extent possible.
3. All notices and payments addressed to DTC
shall contain the CUSIP numbers of the Notes.
4. Notices to DTC by facsimile transmission
shall be sent to (516) 227-4039 or (516) 227-4190.
Notices to DTC by any other means shall be sent to:
Municipal Reorganization Manager
Call Notification Department
The Depository Trust Company
711 Stewart Avenue
Garden City, New York 11530
5. Interest payments on the Notes shall be
received by CEDE & CO., as nominee of DTC, or its
registered assigns, in Federal funds on each payment
date. Such payments shall be made payable to the order
of "CEDE & CO.".
6. Payments of principal shall be received by
CEDE & CO., as nominee of DTC, or its registered
assigns in Federal funds on the maturity date of each
Note. Principal payments shall be made payable to the
order of "CEDE & CO.," and shall be addressed as
follows:
Municipal Redemption Department
The Depository Trust Company
55 Water street, 50th Floor
New York, New York 10041
Attention: Collection Supervisor
7. DTC may direct the Fiscal Agent to use any
other telephone number for facsimile transmission,
address or department of DTC as the number, address, or
department to which payments of interest or principal
may be sent.
8. In the event that beneficial owners of the
Notes shall be able to obtain Notes pursuant to the
Documents, the Fiscal Agent shall notify DTC of the
C-2
/~-,~-I
availability of Notes, and shall issue, transfer, and
exchange Notes as required by DTC and others in
appropriate amounts.
9. DTC may determine to discontinue providing
its services as securities depository with respect to
the Notes and their related guarantees at any time by
giving reasonable notice to the Fiscal Agent. Under
such circumstances, at DTC's request, the Fiscal Agent
will cooperate with DTC in taking appropriate action to
make available Notes to any DTC Participant having
Notes credited to its account.
10. Nothing herein shall be deemed to require the
Fiscal Agent to advance funds on behalf of the
Borrowers.
Very truly yours,
CHEXICAL BAHlt
as Fiscal Agent
By:
Name:
Title:
Received and Accepted:
THE DEPOSITORY TRUST COMPANY
By:
Name:
Title:
cc: Underwriters
Underwriters' Counsel
C-3
IS "$;';"
SCHEDULE A
$
U.S. Government Guaranteed Notes
Series 1991-A
Borrower
Number
Principal
Amount
Maturity
Date
Interest
Rate
CUSIP
C-4
l.s"": ~ .
EXHIBIT D
[FORM OF NOTICE OF MISSED BORROWER PAYMENT
FROM FISCAL AGENT TO SECRETARY]
Secretary
United States Department of Housing
and Urban Development
451 Seventh Street, S.W.
Washington, D.C. 20410
Attention:
Director, Financial Management Division,
Office of the Assistant Secretary for
Communi tv Plannina and Develooment
Re: Series 19 Fiscal Agency Agreement
dated as of 19
Dear Sir or Madam:
We are furnishing this notice to you pursuant to Section
3.07 of the Fiscal Agency Agreement, dated as of
, 19 , providing for the issue of U.S.
Government Guaranteed Notes, Series (the "Fiscal
Agency Agreement"). Capitalized terms used herein and not
otherwise defined herein shall have the meanings assigned in the
Fiscal Agency Agreement.
This letter confirms our earlier
that we have not received the payment
Note of
name], Note No. , with
August 1, , in the amount of $
We agree to notify you no later than 10:00 a.m. (New York
City time) on [insert Business
Day next succeeding the relevant Payment Date] if we have not
received such payment by the close of business on
[insert relevant Payment Date].
telephone notice to you
required to be made on the
[insert Borrower
a maturity date of
Very truly yours,
CHEMICAL BANK, as Fiscal Agent
under the Fiscal Agency Agreement
By:
Name:
Title:
D-1
~~
(FORM OF NOTICE FOR GUARANTEE PAYMENT
FROM FISCAL AGENT TO SECRETARY]
EXHIBIT E
Secretary
United States Department
of Housing and Urban Development
451 Seventh Street, S.W.
Washington, D.C. 20410
'-
Attention:
Director, Financial Management Division
Office of the Assistant Secretary for
Communitv Plannina and Develooment
Re: Series 19 Fiscal Agency Agreement,
dated as Of . 19
Dear Sir or Madam:
We are furnishing this notice to you pursuant to Section
3.07 of the Fiscal Agency Agreement, dated as of
19 , providing for the issue of U.S. Government Guaranteed
Notes, Series (the "Fiscal Agency
Agreement"). Capitalized terms used herein and not otherwise
defined herein shall have the meanings assigned in the Fiscal
Agency Agreement.
This letter confirms our
that we have not received the
Note of
name], Note No.
August 1, , in the amount of $
dated - , to you notified
received such payment as~such date.
previous telephone notice to you
payment required to be made on the
(insert Borrower
, with a maturity date of
Our letter,
you that we had not
We are writing this letter to inform you that you are
required pursuant to your Guarantee of such Note to make a
Guarantee Payment in the amount on $ in respect
of the above-mentioned Note. Payment should be made by wire
transfer to us in immediately available funds to:
(Insert wire instructions here.]
Very truly yours,
CHEMICAL BANK, as Fiscal Agent
under the Fiscal Agency Agreement
By:
Name:
Title:
E-1
Is-:. 5""5
WIRE TRANSFER INSTRUCTIONS
FOR REMITTING LOAN PROCEEDS TO BORROWER
BORROWER
AMOUNT
:
1. Bank
.
.
2. Address of Receiving Bank
3. ABA Identification
.
.
4. Borrower's Account Number
5. Name of Account
.
.
6. Bank Official to Contact
7. Telephone No. of Bank Official :
CORRESPONDENT BANK (If Applicable)
1. Bank .
.
2. Address .
.
3. ABA Identification
4. Borrower's Account Number .
.
5. Name of Account :
I~'~
ATTACHMENT 2
CONTRACT FOR LOAN GUARANTEE ASSISTANCE UNDER
SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT
OF 1974, AS AMENDED, 42 U.S.C. S5308
Date of Contract
This Contract for Loan Guarantee Assistance ("Contract") is
entered into between the City of Chula Vista. California as
Borrower (the "Borrower") and the Secretary of Housing and Urban
Development ("Secretary") as guarantor for the guarantee made
pursuant to Section 108 of Title I of the Housing and Community
Development Act of 1974, as amended ("Title I") and to 24 C.F.R.
Part 570, Subpart M, of Note B-90-MC-06-0540 , all notes
substituted as provided in the original Note, and any additional
notes issued pursuant to the loan guarantee commitment dated
June 13, 1991 (collectively, the "Notes"), all
having the same note number. The Notes are hereby incorporated
into the Contract. Terms used in the Contract with initial
capital letters and not otherwise defined in the text hereof
shall have the respective meanings given thereto in the Notes.
The Borrower gives the Secretary full authority to act for the
Borrower in negotiating with the underwriters selected by the
Secretary (the "Underwriters") the terms of the public offering.
1. (a) All funds received by the Borrower under the Notes
(the "Guaranteed Loan Funds") shall be deposited
immediately on receipt in a separate identifiable
custodial account (the "Guaranteed Loan Funds
Account") with a financial institution whose
deposits or accounts are Federally insured. The
balance of deposited funds exceeding such insurance
coverage shall be fully (100%) and continuously
collateralized by Government Obligations as defined
in paragraph 10. Such collateral shall be pledged
under a written security agreement, in a form
acceptable to the Secretary, and shall be held in a
separate custodial account on behalf of the
Borrower for the full term of deposit. The
Borrower shall promptly deliver to the Secretary an
assignment, in a form acceptable to the Secretary,
of its interest in such collateral whenever the
balance of deposited funds exceeds such insurance
coverage.
I~ "~7
p- 16;1.35
eo fI-/(l(
The Guaranteed Loan Funds Account shall be
established and designated as prescribed in the
attached form document entitled "Letter Agreement
for Section 108 Loan Guarantee Program Custodial
Account" (Attachment 1) and shall be maintained for
the Guaranteed Loan Funds. (A fully executed copy
of such Letter Agreement shall be submitted to the
Secretary within thirty days of its execution.)
The Borrower is authorized to make withdrawals from
said account only for the payment of the costs of
approved activities or for the temporary investment
of funds. Investments shall be limited to
Government Obligations, as defined in paragraph 10,
having maturities that are consistent with cash
requirements of the approved activities. In no
event shall the investments mature on or after
October 1, 1992 , or have maturities
which exceed one year. All investments shall be
held in trust for the benefit of the Secretary by
the above financial institution in an account (the
"Guaranteed Loan Funds Investment Account")
established and designated as prescribed in the
attached form document entitled "Letter Agreement
for Section 108 Loan Guarantee Program Custodial
Investment Account" (Attachment 2) and shall be
maintained for Government Obligations purchased
with funds from the Guaranteed Loan Funds Account.
The Guaranteed Loan Funds Investment Account need
only be established if and when the Borrower
invests the Guaranteed Loan Funds in Government
Obligations. (A fully executed copy of such Letter
Agreement shall be submitted to the Secretary
within thirty days of its execution.) All proceeds
and income derived from such investments shall be
returned to the Guaranteed Loan Funds Account. All
funds in the Guaranteed Loan Funds Account must be
disbursed by the Borrower for approved activities
by October 1, 1992 . Any funds remaining in
the Guaranteed Loan Funds Account after this date
shall be immediately transferred to the Loan
Repayment Account.
(b) Borrower shall by the fifteenth day of each month
provide the Secretary with a written statement
showing the balance of funds in the Guaranteed Loan
Funds Account and the withdrawals from such account
during the preceding calendar month and a statement
identifying the obligations and their assignments
in the Guaranteed Loan Funds Investment Account.
'.;'.
2
--
1.5 - 5"f
(c) Upon a declaration of Default by the Secretary, all
right, title, and interest of the Borrower in and
to the Guaranteed Loan Funds Account and Guaranteed
Loan Funds Investment Account shall immediately
vest in the Secretary for use in the making of
payment due on the Notes or purchase of Government
Obligations in accordance with paragraph 10.
2. The Borrower shall make payments due on or before the
Public Offering Date directly to the Holder of the Notes
when due. (The "Public Offering Date" shall be the date
fixed as such in a notice given by the Underwriters to
the Secretary not less than five Business Days in
advance thereof. "Business Day" shall mean a day on
which banks in the city in which the principal office of
the Holder is located are not required or authorized to
remain closed and on which the Federal Reserve Bank of
New York and the New York Stock Exchange are not
closed.) After the Public Offering Date, pursuant to a
fiscal agency agreement, the Borrower shall pay to the
fiscal agent selected by the Underwriters (the "Fiscal
Agent"), as collection and paying agent for the Notes,
all amounts due pursuant to the terms of the Notes.
Payment shall be made by 3:00 P. M. (New York City time)
on the fifth Business Day preceding the relevant Payment
Date. Payment may be made by check or wire transfer.
3. The Secretary shall select a new fiscal agent on behalf
of the Borrower if the Fiscal Agent resigns or is
removed by the Secretary.
4. (a) The Borrower shall pay the customary and usual
issuance, underwriting, and other costs of the
public offering, including the cost of compensation
of the Fiscal Agent. Such payment shall either be
made by wire transfer to the Fiscal Agent on the
day prior to the Public Offering Date or be made
from the Guaranteed Loan Funds on the Public
Offering Date. If the Borrower does not make such
payment, the Secretary may make such payment with
grants pledged pursuant to paragraph S(a).
(b) The Borrower shall reimburse the Underwriters for
all out-of-pocket expenses (including reasonable
fees and disbursements of counsel) incurred in
connection with the proposed public offering if the
public offering does not occur because of any
refusal, inability, or failure on the part of the
Borrower to submit to the Secretary no later than
~
3
IC-S"f
ten days before the estimated Public Offering Date
the executed notes for the public offering; the
executed fiscal agency agreement; and an opinion of
the Borrower's counsel that the notes are valid,
binding, and enforceable obligations of the
Borrower, the governing body has authorized, in
accordance with applicable state and local law, the
issuance of the notes, the pledge of grants
pursuant to 24 C.F.R. S570.703{b){2) is valid,
there is no outstanding litigation that will affect
the validity of the notes, and the fiscal agency
agreement is a valid, binding, and enforceable
obligation of the Borrower. If the Borrower fails
to reimburse the Underwriters as provided in this
paragraph, the Secretary may pay the amount of the
reimbursement from funds pledged pursuant to
paragraph 5{a).
5. The Borrower hereby pledges as security for repayment of
the Notes the following:
(a) All grants which have been made or for which the
Borrower may become eligible under Section 106 of
Title 1.
6.
(b) Program income, as defined at 24 CFR Section
570.500(a), directly generated from the use of the
Guaranteed Loan Funds.
(c) Other security:
(d) All proceeds (including insurance and condemnation
proceeds) from any of the foregoing.
(a) All amounts pledged pursuant to paragraphs 5{b),
5{c), and 5 (d) shall be deposited immediately on
receipt in a separate identifiable custodial
account (the "Loan Repayment Account") with a
financial institution whose deposits or accounts
are Federally insured. The balance of deposited
funds exceeding such insurance coverage shall be
fully (100%) and continuously collateralized by
Government Obligations as defined in paragraph 10.
Such collateral shall be pledged under a written
security agreement, in a form acceptable to the
Secretary, and shall be held in a separate
custodial account on behalf of the Borrower for the
full term of deposit. The Borrower shall promptly
deliver to the Secretary an assignment, in a form
acceptable to the Secretary, of its interest in
such collateral whenever the balance of deposited
funds exceeds such insurance coverage.
4
.
/~ ,(pi)
The Loan Repayment Account shall be established and
designated as prescribed in the attached form
document entitled "Letter Agreement for Section 108
Loan Guarantee Program Custodial Account"
(Attachment 1) and shall be maintained for such
pledged funds. The Loan Repayment Account need
only be established if and when the Borrower
receives amounts pledged pursuant to paragraphs
5(b), 5(c) or 5(d). (A fully executed copy of such
Letter Agreement shall be submitted to the
Secretary within thirty days of its execution.)
Borrower is authorized t~ make withdrawals from
said account only for the purpose of paying
interest and principal due on the Notes, including
the purchase of Government Obligations in
accordance with paragraph 10, or for the temporary
investment of funds, until final payment and
discharge of the indebtedness evidenced by the
Notes, unless otherwise expressly authorized by the
Secretary in writing. Investments shall be limited
to Government Obligations, as defined in paragraph
10, having maturities that are consistent with cash
requirements for payment of principal and interest
as required under the Notes. In no event shall the
maturities of such investments exceed one year.
All investments shall be held in trust for the
benefit of the Secretary by the above financial
institution in an account (the "Loan Repayment
Investment Account") established and designated as
prescribed in the attached form document entitled
"Letter Agreement for Section 108 Loan Guarantee
Program Custodial Investment Account" (Attachment
2) and shall be maintained for Government
Obligations purchased with funds from the Loan
Repayment Account. The Loan Repayment Investment
Account need only be established if and when the
Borrower invests funds in the Loan Repayment
Account in Government Obligations. (A fully
executed copy of such Letter Agreement shall be
submitted to the Secretary within thirty days of
its execution.) All proceeds and income derived
from such investments shall be returned to the Loan
Repayment Account.
(b) Borrower shall by the fifteenth day of each month,
provide the Secretary with a written statement
showing the balance of funds in the Loan Repayment
Account and the deposits and withdrawals of all
funds in such account during the preceding calendar
month and a statement identifying the obligations
and their assignments in the Loan Repayment
Investment Account.
.
5
/~,.." I
(c) Upon a declaration of Default by the Secretary, all
right, title, and interest of the Borrower in and
to the Loan Repayment Account and Loan Repayment
Investment Account shall immediately vest in the
Secretary for use in the making of payments due on
the Notes or purchase of Government Obligations in
accordance with paragraph 10.
7. Any grants available to the Borrower under Section 106 of
Title I (including program income derived therefrom) are
authorized to be used by the Borrower for payments due on
the Notes, or for the purchase of Government Obligations in
accordance with paragraph 10.
8. Upon a determination by the Secretary that payments
pursuant to the requirements of paragraph 2 and paragraph 4
are unlikely to be made as specified, the Secretary may
limit the availability of grants pledged pursuant to
paragraph 5(a). Such limitation shall be in an amount
estimated by the Secretary to be sufficient to ensure such
payments are made when due and may be effected by
withholding amounts at the time such grants are approved or
by disapproving payment requests submitted with respect to
such grants.
9. The Secretary may use grants withheld pursuant to paragraph
8 to make payments required by paragraph 2 and paragraph 4
if such payments have not been made by the Borrower.
10. For purposes of this Contract, the Notes shall be deemed to
have been paid if there shall have been deposited with the
Fiscal Agent either moneys or Government Obligations, which
in the sole determination of the Secretary, mature and bear
interest at times and in amounts sufficient, together with
the moneys on deposit with the Fiscal Agent for such
purpose, to pay when due the principal and interest to
become due on the Notes. All of the Notes or all Notes of
any maturity may be so defeased, provided that all Notes
having the longest maturities are defeased before those
with shorter maturities. If all Notes guaranteed pursuant
to this Contract shall be deemed to have been paid, then
the Borrower shall be released from all agreements,
covenants, and further obligations under this Contract.
"Government Obligation" means direct obligation of, or any
obligation for which the full and timely payment of
principal and interest is guaranteed by, the united States
of America, including but not limited to, united States
Treasury Certificates of Indebtedness, Notes and Bonds -
State and Local
6
~
IS-~
Government Series or certificates of ownership of the
principal of or interest on direct obligations of, or
obligations unconditionally guaranteed by, the United
States of America, which obligations are held in trust by a
commercial bank which is a member of the Federal Reserve
System and has capital and surplus (exclusive of undivided
profits) in excess of $100,000,000.
11. (a) A Default under the Notes shall occur upon failure
by the Borrower to pay when due an installment of
principal or interest on the Notes, unless such
payment is made when due by the Secretary pursuant
to paragraph 9. The Borrower waives notice of
Default and opportunity for hearing for failure to
make a payment when due.
(b) The Secretary may declare the Notes in Default if
the Secretary makes a final decision in accordance
with the provisions of 24 CFR S570.9l3, including
requirements for reasonable notice and opportunity
for hearing, that the Borrower has failed to comply
substantially with Title I. Notwithstanding any
other provision, following the giving of such
reasonable notice, the Secretary may withhold the
guarantee of any or all obligations not yet
guaranteed under outstanding commitments, suspend
approval of further Advances under the Notes, and
request the Borrower's financial institution to
refuse to honor any instruments drawn upon, or
withdrawals from, the Guaranteed Loan Funds Account
or to release obligations and assignments from the
Guaranteed Loan Funds Investment Account, pending
the Secretary's final decision.
12. Upon a declaration of Default, the Secretary may exercise
any or all of the following remedies:
(a) The Secretary may continue to make payments due on the
Notes or purchase Government Obligations in accordance
with paragraph 10 with any pledged funds and may use
pledged funds to pay any interest due for late
payment.
(b) The Secretary may withhold the guarantee of any or all
obligations not yet guaranteed under outstanding
commitments.
(c) The Secretary may withhold approval for any or all
further Advances under the Notes.
,
7
I.s--~..j
(d) Until the Public Offering Date, the Secretary may
accelerate the Notes.
(e) The Secretary may exercise any other appropriate
remedies or sanctions authorized under laws or
regulations applicable to the assistance provided
under this Contract, or may institute any other action
authorized by law to recover Guaranteed Loan Funds
from amounts pledged under this Contract.
13. The Contract and the Notes are hereby incorporated in and
made a part of the Grant Agreement authorized by the
Secretary on June 21, 1990 under the Funding
Approval for grant number B-90-MC-06-0540 to the
Borrower.
14. The Borrower's liability for amounts due pursuant to the
terms of the Notes shall be limited to the security pledged
in paragraph 5 of this Contract.
15. Special Conditions and Modifications:
[X ] Check if continued on extra sheet and attach.
8
I~-,.(,f
IN WITNESS WHEREOF, the undersigned, as authorized officials of
the Borrower and the Secretary, have executed this Contract for Loan
Guarantee Assistance.
CITY OF CHULA VISTA,
CALIFORNIA
BORROWER
A'l"lBST' \. \ c\" S o:R",,~ ,-l
(Name) \'::'.
-~'''' \ (\\ (\1
DQ \~\:'\V, \\v. "-.1tlLk
'\ " (Tit~'le)
\ f' I~ '=t-
,I \ \
,--' ,~~\. ''-..-- L ~ '_7
(Signatur
\:..
BY: 1:~ j),t r
. (Name)
/vl4'vor-
/ (Title)
~
~ /Iaif A-
(Signature)
5v-,!e. )5' /t1/
(Dat:e)
SECRETARY OF HOUSING AND URBAN DEVELOPMENT
BY:
(Date)
.
IS" ..(,~ 9
ATTACHMENT 1
u. S. DEPARrnENT OF HOUSING AND URBAN DEVELOPMENT
LETTER AGREEMENT FOR
SECI'ICN 108 WAN GUARANTEE P~
CUSTODIAL ACCOUNT
Name of Institution (and Branch)
Street
City
DATE
[] This account is established for funds received by the Borrower under
note(s} guaranteed by the United States Department of Housing and Urban
Development (HUD) under the Section 108 Loan Guarantee Program.
(Guaranteed Loan Funds Account.)
[] This account is established for repayment of the note guaranteed by
HOD under the Section 108.Loan Guarantee Program. (Loan Repayment
Account) .
You are hereby authorized and requested to establish a custodial account
to be specifically designated
"
Trustee of United States Department of Housing and Urban Development."
All deposits made in such account shall be subject to withdrawal therefrom by
the Borrower named below, and shall also be subject to withdrawal therefrom by
HOD. No agent of the Borrower shall be authorized to withdraw funds from the
account. You are also authorized to pay HOD at any time upon its written
demand, which need not name a specific amount, the entire amount in such
account subject only to notice requirements contained in applicable regulations
governing this institution, but in no event to exceed seven business days.
You are further authorized upon the request of HOD to refuse to honor any
instrument drawn upon or withdrawals from such account by parties other than
HOD and to change the name of the aforesaid account to the "United States
Department of Housing and Urban DevelofXOOnt." In no instance shall the funds
in the Custodial Account be used to offset funds which may have been advanced
to, or on behalf of, the Borrower by the custodian institution.
/.5'~
This letter is submitted to you in duplicate. Please execute the
duplicate copy of the certificate below, acknowledging the existence of such
account, so that we may present the copy signed by you to HUD.
ftiiifJi CI+~ of ChLtI a
N~r~
By (Signature)
\I (~ fo,
,
mr~
Title
The undersigned institution certifies to the United States Department of
Housing and Urban Development (HUD) that the account identified is in existence
in this institution under account number , and agrees
with the Borrower named above and HUD to honor demands on such account in the
manner provided in the above letter, subject only to notice requirements
contained in applicable regulations governing this institution, but in no event
to exceed seven business days. The undersigned institution further agrees upon
the request of HUD to refuse to honor any instruments drawn upon or withdrawals
from such account by parties other than HUD and to change the name of the
aforesaid account to "United States Department of Housing and Urban
Development. " In no instance shall the funds in the Custodial Account, be used
to offset funds which may have been advanced to, or on behalf of, the Borrower
by the custodian institution. Deposits in this institution are insured by the
Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance
Corporation, or the National Credit Union Administration.
Name of Institution
By
Ti tle
Date
~
IS" ~ 7
ATTACHMENT 2
U. S. DEPARlMENT OF HOUSING AND URBAN DEVELOPMENT
LETTER AGREEMENT FOR
SECl'ION 108 LOAN GUARANTEE POCGRAM
CUSTODIAL INVES'lMENT ACCOONT
Name of Institution (and Branch)
Street
City
DATE
[] This account is established to hold obligations and their assignments, such
obligations having been purchased with funds from the Guaranteed Loan Funds
Account. (Guaranteed Loan Funds Investment Account.)
[] This account is established to hold obligations and their assignments, such
obligations having been purchased with funds from the Loan Repayment
Account. (Loan Repayment. Investment Account.)
You are hereby authorized and requested to hold obligations and
assignments of those obligations in trust for the United States Department of
Housing and Urban Development (HOD) in an account specifically designated
"
Trustee of United States Department of Housing and Urban Development."
All obligations and assignments shall be subject to release to the Borrower
named below, and shall also be subject to release to HUD. No agent of the
Borrower shall be authorized to release the obligations or assignments. You
are also authorized to release the obligations and assignments to HUD at any
time upcn its written demand, which need not name specific obligations and
assignments, all obligations and assignments being held in such account subject
only to any notice requirerrents contained in applicable regulations governing
this institution, but in no event to exceed seven business days.
You are further authorized upcn the request of HUD to refuse to honor any
request for release of the obligations and assignments from such account by
parties other than HUD and to change the name of the aforesaid account to the "
United States Department of Housing and Urban Development." In no instance
shall the obligations in the account be used to offset funds which may have
been advanced to, or on behalf of, the Borrower by the custodian institution.
,
1~'tJ'
This letter is submitted to you in duplicate. Please execute the
duplicate copy of the certificate below, acknowledging the existence of such
account, so that we may present the copy signed by you to HUD.
Name off2~JbNe:r ~ \f6t~
J- ~~
By (Signature)
~/1 ~.--r-
Tit e
The undersigned institution certifies to the United States Department of
Housing and Urban Development (HUD) that the account identified is in existence
in this institution under account number , and agrees with
the Borrower named above and HOD to honor demands release on such account in
the manner provided in the above letter, subject only to any notice
requirements contained in applicable regulations governing this institution,
but in no event to exceed seven business days. The undersigned institution
further agrees upon the request of HOD to refuse to honor any request for
release of the obligations and assignments from such account by parties other
than HOD and to change the name of the aforesaid account to "United States
Department of Housing and Urban Development." In no instance shall the
obligations in the account be used to offset funds which may have been advanced
to, or on behalf of, the Borrower by the custodian institution. Deposits in
this institution are insured by the Federal Deposit Insurance Corporation, the
Federal Savings and Loan Insurance Corporation, or the National Credit Union
Administration. .
Name of Institution
By
Title
Date
1S"~7
ATTACHMENT 3a
NOTE
NOTE NUMBER:
B-90-MC-06-0540
DATE OF NOTE:
BORROWER: city of Chula Vista,
California
MATURITY DATE: August 1, 1992
PRINCIPAL
AMOUNT: $250,000
INTEREST RATE:
REGISTERED
HOLDER: Cede & Co.
CUSIP NUMBER:
For value received, the undersigned, City of Chula Vista,
California (the "Borrower", which term includes any successors and
assigns), a municipal corporation organized and existing under the
laws of the State of California, promises to pay to the order of
the above named Registered Holder (the "Holder", which term
includes any successors or assigns), at the time, in the manner,
and with interest at the rate hereinafter provided, the principal
amount of Two Hundred Fifty Thousand Dollars ($250,000) on the
Maturity Date as hereinabove stated.
The Note shall be delivered initially (as hereinafter defined)
in fully registered form to Chemical Bank as Fiscal Agent (the
"Fiscal Agent") pursuant to the terms of the Series 1991-A Fiscal
Agency Agreement (the "Fiscal Agency Agreement"), dated as of
June 12, 1991, between the Fiscal Agent and the borrowers specified
therein, inclUding the Borrower. The terms and provisions of the
Fiscal Agency Agreement, insofar as they affect the rights, duties
and obligations of the Lender and the Holder hereunder, are hereby
incorporated herein and form a part of this Note. The Fiscal
Agency Agreement provides for the Fiscal Agent to perfor~
duties, including duties of paying agent and registrar for the
Note. This Note may be surrendered to the Fiscal Agent for
registration of transfer or exchange, as provided in the Fiscal
Agency Agreement. The Fiscal Agent shall permit reasonable
inspection to be made of a copy of the Fiscal Agency Agreement kept
on file at its corporate trust office.
,.
I~-'" 7~
({- !(PX35
~09/-Wi
Interest at the Interest Rate as specified on the face of this
Note shall be paid on February 1 and August 1 of each year (each,
a "Payment Date"), commencing February 1, 1992, and on the Maturity
Date. Interest shall be calculated on the basis of a 360-day year
consisting of twelve 30-day months.
Both principal and interest shall be paid in the manner and as
provided in the Fiscal Agency Agreement in such funds as are at the
time of payment legal tender for the payment of debts due to the
united States.
If a payment of principal or interest herein provided has not
been duly received by the Fiscal Agent from either the Borrower or
the Secretary by the close of business on the second Business Day
next succeeding a Payment Date pursuant to the terms of the
Contract, interest shall accrue on the amount of such payment at
the Interest Rate payable on this Note, from the relevant Payment
Date until the date of payment to the Fiscal Agent. Nothing in the
immediately preceding sentence shall be construed as permitting or
implying that the Borrower may, without the written consent of the
Holder and the Secretary, modify, extend, alter or affect in any
manner whatsoever the right of the Holder to receive any and all
payments of principal and interest specified in this Note.
"Business Day" shall mean a day on which banks in the city in which
the principal office of the Holder is located are not required or
authorized to remain closed and on which the Federal Reserve .Bank
of New York and the New York stock Exchange are not closed.
Whenever any payment .under this Note shall be due on a
Saturday, Sunday or holiday for the Holder of this Note, such
payment shall be due on the first day thereafter on which the
Secretary and such Holder are open for business.
This Note evidences indebtedness incurred pursuant to and in
accordance with a Contract for Loan Guarantee Assistance (the
"Contract"), dated as of , 19 , and any
amendments thereto, between the Borrower and the Secretary and
pursuant to section 108 of the Housing and Community Development
Act of 1974, as amended, 42 U.S.C. S 5308 (the "HCD Act"). This
Note is subject to the terms and provisions of the Contract, to
which Contract reference is hereby made for a statement of said
terms and provisions and for a description of the collateral
security for this Note. The payment of principal and interest when
and as due on this Note in accordance with its terms is
unconditionally guaranteed by the Secretary to the Holder (the
"Guarantee") . The Secretary's Guarantee shall be executed
contemporaneously with execution of this Note, and shall be issued
pursuant to and in accordance with the terms and provisions of the
Contract and section 108 of the HCD Act.
To the extent not inconsistent with applicable law, this Note
shall be subject to modification by such amendments, extensions, ·
and renewals as may be agreed upon from time to time by the
Secretary, the Bor~ower, and the Holder (or if the Holder is The
IS- 71
Depository Trust Company, by the owners of the beneficial interests
of the Note).
A default under this Note shall occur upon failure by
Borrower to pay when due principal or interest on the. Note.
Borrower hereby waives notice of default and opportunity
hearing for failure to make a payment when due.
the
The
for
.
In addition, the Secretary may declare the Borrower in default
under this Note if the Secretary makes a final decision in
accordance with the provisions of 24 C.F.R. ~ 570.913, including
requirements for reasonable notice and opportunity for hearing,
that the Borrower has failed to comply substantially with Title I
of the HCD Act. Notwithstanding any other provisions, following
the giving of such reasonable notice, the secretary may withhold
the guarantee of any or all obligations not yet guaranteed under
outstanding commitments and request the Borrower's financial
institution to refuse to honor any instruments drawn upon, or
withdrawals from the Guaranteed Loan Funds Account (as defined in
the contract) or to release obligations and assignments from the
Guaranteed Loan Funds Investment Account (as defined in the
Contract), pending the Secretary's final decision.
.
Following a default by the Borrower under the terms of this
Note, the Holder agrees to rely wholly ?nd exclusively for
repayment of such Note upon the Guarantee. The enforcement of any
instruments or agreements securing or otherwise related to such
Note shall be the sole responsibility of the Secretary, and the
Holder shall not be responsible for the preparation, contents or
administration of such instruments and agreements, or for any
actions taken in connection with such instruments and agreements.
The Holder, to the extent it is legally able to do so, shall bind
or cause to be bound its successors and assigns to all limitations
imposed upon the Holder by this Note.
This Note is not subject to prepayment or acceleration.
The Borrower hereby waives any requirement for presentment,
protest or other demand or notice with respect to this Note.
This Note is issued, executed, and delivered on behalf of the
Borrower by its authorized official as an obligation guaranteed by
the Secretary pursuant to section 108 of the HeD Act.
~
I~-~ ?.2.
IN WITNESS WHEREOF, the undersigned, as an authorized official
of the Borrower, has executed and delivered this Note.
ATTEST: ~.. \~lUl)IJ
(signature)
c-~ \J~~~QS:~~~{
(Name) U
'\) (\' (\
.~()C~y "'. \\v. ~\",\qk /
(Titl'e)' \
CiI:t of Cfu{!CA vis+Q
BORR ER
,r Btth~
(Signature)
01<' N uJ,e (
(Name)
By:
(VlC1 '(!f
(Titlie)
.
.
IrS-: ~
ATTACHMENT 3b
NOTE
NOTE NUMBER:
B-90-MC-06-0540
DATE OF NOTE:
BORROWER: city of Chula Vista,
California
MATURITY DATE: August 1, 1993
PRINCIPAL
AMOUNT: $250,000
INTEREST RATE:
REGISTERED
HOLDER: Cede & Co.
CUSIP NUMBER:
For value received, the undersigned, city of Chula Vista,
California (the "Borrower", which term includes any successors and
assigns), a municipal corporation organized and existing under the
laws of the State of California, promises to pay to the order of
the above named Registered Holder (the "Holder", which term
includes any successors or assigns), at the time, in the manner,
and with interest at the rate hereinafter provided, the principal
amount of Two Hundred Fifty Thousand Dollars ($250,000) on the
Maturity Date as hereinabove stated.
The Note shall be delivered initially (as hereinafter defined)
in fully registered form to Chemical Bank as Fiscal Agent (the
"Fiscal Agent") pursuant to the terms of the Series 1991-A Fiscal
Agency Agreement (the "Fiscal Agency Agreement"), dated as of
June 12, 1991, between the Fiscal Agent and the borrowers specified
therein, including the Borrower. The terms and provisions of the
Fiscal Agency Agreement, insofar as they affect the rights, duties
and obligations of the Lender and the Holder hereunder, are hereby
incorporated herein and form a part of this Note. The Fiscal
Agency Agreement provides for the Fiscal Agent to perform certain
duties, including duties of paying agent and registrar for the
Note. This Note may be surrendered to the Fiscal Agent for
registration of transfer or exchange, as provided in the Fiscal
Agency Agreement. The Fiscal Agent shall permit reasonable
inspection to be made of a copy of the Fiscal Agency Agreement kept
on file at its corporate trust office.
~
IJ-' 7f
(2-/rf:J.35
(tOy/-/IY
Interest at the Interest Rate as specified on the face of this
Note shall be paid on February 1 and August 1 of each year (each,
a "Payment Date"), commencing February 1, 1992, and on the Maturity
Date. Interest shall be calculated on the basis of a 360-day year
consisting of twelve 3o-day months.
Both principal and interest shall be paid in the manner and as
provided in the Fiscal Agency Agreement in such funds as are at the
time of payment legal tender for the payment of debts due to the
united states.
If a payment of principal or interest herein provided has not
been duly received by the Fiscal Agent from either the Borrower or
the Secretary by the close of business on the second Business Day
next succeeding a Payment Date pursuant to the terms of the
Contract, interest shall accrue on the amount of such payment at
the Interest Rate payable on this Note, from the relevant Payment
Date until the date of payment to the Fiscal Agent. Nothing in the
immediately preceding sentence shall be construed as permitting or
implying that the Borrower may, without the written consent of the
Holder and the Secretary, modify, extend, alter or affect in any
manner whatsoever the right of the Holder to receive any and all
payments of principal and interest specified in this Note.
"Business Day" shall mean a day on which banks in the city in which
the principal office of the Holder is located are not required or
authorized to remain closed and on which the Federal Reserve.Bank
of New York and the New York Stock Exchange are not closed.
Whenever any payment. under this Note shall be due on a
Saturday, Sunday or holiday for the Holder of this Note, such
payment shall be due on the first day thereafter on which the
Secretary and such Holder are open for business.
This Note evidences indebtedness incurred pursuant to and in
accordance with a contract for Loan Guarantee Assistance (the
"Contract"), dated as of , 19 , and any
amendments thereto, between the Borrower and the secretary and
pursuant to section 108 of the Housing and community Development
Act of 1974, as amended, 42 U.S.C. S 5308 (the "HCD Act"). This
Note is subject to the terms and provisions of the Contract, to
which Contract reference is hereby made for a statement of said
terms and provisions and for a description of the collateral
security for this Note. The payment of principal and interest when
and as due on this Note in accordance with its terms is
unconditionally guaranteed by the Secretary to the Holder (the
"Guarantee"). The Secretary's Guarantee shall be executed
contemporaneously with execution of this Note, and shall be issued
pursuant to and in accordance with the terms and provisions of the
Contract and section 108 of the HCD Act.
To the extent not inconsistent with applicable law, this Note
shall be subject to modification by such amendments, extensions, >>
and renewals as may be agreed upon from time to time by the
Secretary, the Bor~ower, and the Holder (or if the Holder is The
/S".. -c
Depository Trust Company, by the owners of the beneficial interests
of the Note).
A default under this Note shall occur upon failure by
Borrower to pay when due principal or interest on the Note.
Borrower hereby waives notice of default and opportunity
hearing for failure to make a payment when due.
the
The
for
.
In addition, the secretary may declare the Borrower in default
under this Note if the Secretary makes a final decision in
accordance with the provisions of 24 C.F.R. ~ 570.913, including
requirements for reasonable notice and opportunity for hearing,
that the Borrower has failed to comply substantially with Title I
of the HCD Act. Notwithstanding any other provisions, following
the giving of such reasonable notice, the Secretary may withhold
the guarantee of any or all obligations not yet guaranteed under
outstanding commitments and request the Borrower's financial
institution to refuse to honor any instruments drawn upon, or
withdrawals from the Guaranteed Loan Funds Account (as defined in
the contract) or to release obligations and assignments from the
Guaranteed Loan Funds Investment Account (as defined in the
Contract), pending the Secretary's final decision.
"
.
Following a default by the Borrower under the terms of this
Note, the Holder agrees to rely wholly and exclusively for
repayment of such Note upon the Guarantee. The enforcement of any
instruments or agreements securing or otherwise related to such
Note shall be the sole responsibility of the Secretary, and the
Holder shall not be responsible for the preparation, contents or
administration of such instruments and agreements, or for any
actions taken in connection with such instruments and agreements.
The Holder, to the extent it is legally able to do so, shall bind
or cause to be bound its successors and assigns to all limitations
imposed upon the Holder by this Note.
This Note is not subject to prepayment or acceleration.
The Borrower hereby waives any requirement for presentment,
protest or other demand or notice with respect to this Note.
This Note is issued, executed, and delivered on behalf of the
Borrower by its authorized official as an obligation guaranteed by
the Secretary pursuant to section 108 of the HCD Act.
.'
IS-' 7(.
IN WITNESS WHEREOF, the undersigned, as an authorized official
of the Borrower, has executed and delivered this Note.
L+~ of Cful(() Vlst~
BORRO ER
By:
Cl!dt~
(~gnature)
ATTEST: \,
(Signature)
\\ It \:\S(~'U{P l\\c;\
(Name) l)
'---~ " \\', (\
~l2\~ '-"\\:1 \ kd:--,
(Title)' ,
JiM rJJI2f'
(Name)
!1;.~lA '
(T' Ie)
\(.
/S~71
ATTACHMENT 3c
NOTE
NOTE NUMBER:
B-90-MC-06-0540
DATE OF NOTE:
BORROWER: city of Chula vista,
California
MATURITY DATE: August 1, 1994
PRINCIPAL
AMOUNT: $250,000
INTEREST RATE:
REGISTERED
HOLDER: Cede & Co.
CUSIP NUMBER:
For value received, the undersigned, City of Chula Vista,
California (the "Borrower", which term includes any successors and
assigns), a municipal corporation organized and existing under the
laws of the State of California, promises to pay to the order of
the above named Registered Holder (the "Holder", which term
includes any successors or assigns), at the time, in the manner,
and with interest at the rate hereinafter provided, the principal
amount of Two Hundred Fifty Thousand Dollars ($250,000) on the
Maturity Date as hereinabove stated.
The Note shall be delivered initially (as hereinafter defined)
in fully registered form to Chemical Bank as Fiscal Agent (the
"Fiscal Agent") pursuant to the terms of the Series 1991-A Fiscal
Agency Agreement (the "Fiscal Agency Agreement"), dated as of
June 12, 1991, between the Fiscal Agent and the borrowers specified
therein, including the Borrower. The terms and provisions of the
Fiscal Agency Agreement, insofar as they affect the rights, duties
and obligations of the Lender and the Holder hereunder, are hereby
incorporated herein and form a part of this Note. The Fiscal
Agency Agreement provides for the Fiscal Agent to perform certain
duties, including duties of paying agent and registrar for the
Note. This Note may be surrendered to the Fiscal Agent for
registration of transfer or exchange, as provided in the Fiscal
Agency Agreement. The Fiscal Agent shall permit reasonable
inspection to be made of a copy of the Fiscal Agency Agreement kept
on file at its corporate trust office.
.
/S" 71'
R. - Iff:; :5
Co ((r - /!J. 0
Interest at the Interest Rate as specified on the face of this
Note shall be paid on February 1 and August 1 of each year (each,
a "Payment Date"), commencing February 1, 1992, and on the Maturity
Date. Interest shall be calculated on the basis of a 360-day year
consisting of twelve 30-day months.
Both principal and interest shall be paid in the manner and as
provided in the Fiscal Agency Agreement in such funds as are at the
time of payment legal tender for the payment of debts due to the
united states.
If a payment of principal or interest herein provided has not
been duly received by the Fiscal Agent from either the Borrower or
the Secretary by the close of business on the second Business Day
next succeeding a Payment Date pursuant to the terms of the
Contract, interest shall accrue on the amount of such payment at
the Interest Rate payable on this Note, from the relevant Payment
Date until the date of payment to the Fiscal Agent. Nothing in the
immediately preceding sentence shall be construed as permitting or
implying that the Borrower may, without the written consent of the
Holder and the Secretary, modify, extend, alter or affect in any
manner whatsoever the right of the Holder to receive any and all
payments of principal and interest specified in this Note.
"Business Day" shClIl mean a day on which banks in the city in which
the principal office of the Holder is located are not required or
authorized to remain closed and on which the Federal Reserve-Bank
of New York and the New York stock Exchange are not closed.
Whenever any payment _ under this Note shall be due on a
Saturday, Sunday or holiday for the Holder of this Note, such
payment shall be due on the first day thereafter on which the
Secretary and such Holder are open for business.
This Note evidences indebtedness incurred pursuant to and in
accordance with a Contract for Loan Guarantee Assistance (the
"Contract"), dated as of , 19 , and any
amendments thereto, between the Borrower and the Secretary and
pursuant to section 108 of the Housing and Community Development
Act of 1974, as amended, 42 U.S.C. S 5308 (the "HCD Act"). This
Note is subject to the terms and provisions of the Contract, to
which Contract reference is hereby made for a statement of said
terms and provisions and for a description of the collateral
security for this Note. The payment of principal and interest when
and as due on this Note in accordance with its terms is
unconditionally guaranteed by the Secretary to the Holder (the
"Guarantee") . The Secretary's Guarantee shall be executed
contemporaneously with execution of this Note, and shall be issued
pursuant to and in accordance with the terms and provisions of the
Contract and section 108 of the HCD Act.
To the extent not inconsistent with applicable law, this Note
shall be subject to modification by such amendments, extensions,
and renewals as may be agreed upon from time to time by the
Secretary, the Bor~ower, and the Holder (or if the Holder is The
IS"' 19
Depository Trust Company, by the owners of the beneficial interests
of the Note).
A default under this Note shall occur upon failure by
Borrower to pay when due principal or interest on the Note.
Borrower hereby waives notice of default and opportunity
hearing for failure to make a payment when due.
the
The
for
.
In addition, the Secretary may declare the Borrower in default
under this Note if the Secretary makes a final decision in
accordance with the provisions of 24 C.F.R. ~ 570.913, including
requirements for reasonable notice and opportunity for hearing,
that the Borrower has failed to comply substantially with Title I
of the HCD Act. Notwithstanding any other provisions, following
the giving of such reasonable notice, the Secretary may withhold
the guarantee of any or all obligations not yet guaranteed under
outstanding commitments and request the Borrower's financial
institution to refuse to honor any instruments drawn upon, or
withdrawals from the Guaranteed Loan Funds Account (as defined in
the contract) or to release obligations and assignments from the
Guaranteed Loan Funds Investment Account (as defined in the
contract), pending the Secretary's final decision.
.
Following a default by the Borrower under the terms of this
Note, the Holder agrees to rely wholly and exclusively for
repayment of such Note upon the Guarantee. The enforcement of any
instruments or agreements securing or otherwise related to such
Note shall be the sole responsibility of the Secretary, and the
Holder shall not be responsible for the preparation, contents or
administration of such ins'truments and agreements, or for any
actions taken in connection with such instruments and agreements.
The Holder, to the extent it is legally able to do so, shall bind
or cause to be bound its successors and assigns to all limitations
imposed upon the Holder by this Note.
This Note is not subject to prepayment or acceleration.
The Borrower hereby waives any requirement for presentment,
protest or other demand or notice with respect to this Note.
This Note is issued, executed, and delivered on behalf of the
Borrower by its authorized official as an obligation guaranteed by
the Secretary pursuant to section 108 of the HeD Act.
\1;.
/.r..!O
IN WITNESS WHEREOF, the undersigned, as an authorized official
of the Borrower, has executed and delivered this Note.
CI+~ o-r CAt{ I~ V ,c,ta;
BORRO ER
~/)~~~
(Signature)
if) 0L- NtlJ-v-
(Name)
ATTEST:
c~s=~ L~ l^~J
(Name)
'~ 0
(1' .
c '.l2~li\\""\\\11 l'~Kk
(Ti le)l .
IS -tI(
By:
M/I Vr /
(Ti tle'j
~
Grant Agreement and Loan
Guarantee Acceptance Provisions
U.S. Department of Housing
and Urban Development
Community Development
Block Grant Program
ATTACHMENT 4
~
,r
Grant Agreement
ThIs Grant Agreement is made by and between the Department of Housing and Urban Development (HUD) and the Ci ty
of Chul a Vi sta. Cali forni a (the Grantee) pursuant 10 the authority of Title 1 of the HOUSing and Community Devel-
opment Act of 1974 (PubliC Law 93-383). as amended. The Grantee's submissions for Title I assIstance and the HUD regulations at 24
CFR Part 570 (as now In effect and as may beamended from time to tlme), which are Incorporated by reference. together with the HUD
Funding Approval Form 7082 and any special conditions, which are hereto attached. constitute part of the Agreement.
In reliance upon and In consideratIOn of the mutual representations and obligations hereunder, HUD and the Grantee agree as follows
Subject to the provisions of this Grant Agreement. HUD will make the funding assistance for Fiscal Year 19 speCified in the
attached HUD Fundmg Approval Form 7082 available to the Grantee upon execution of the Agreement by the parties. The obligation
and utilization of the funding assistance provided IS subject to the requirements of the regulations and any special conditions set forth In
the HUD Funding Approval Form 7082. including the requirement for a release of funds by HUD under the Environmental Review
Procedures at 24 CFR Part 58 for any activities reqUlnng such release.
The Grantee agrees to comply with all applicable requirements of Titles 11 and III of the Uniform Relocation ASSistance and Real
Property AcqUISition Policies Act of 1970 (42 US,C, 4601) as specIfied in regulations Issued by the Secretary and published In 24 CFR
Part 42.
The Grantee further agrees to assume all of the responsibilities for environmental review. decision makIng and actions. as specified and
reqUired in regulations Issued by the Secretary pursuant to section 104(f) of the Act and published in 24 CFR Part 58.
The Grantee further agrees to accept responSibIlity for adherence to the Agreement by subreciplent entitles to which It makes funding
assistance hereunder available.
U.S. Department of HOUSing and Urban Development
Paul Reitman Bardack ~~
By Acting Deputy Assistant Secretary
for Grant ProQra,ns
Title
11Lt\-----
(IL \
Date
The Grantee
B Cit~. of Chula Vista.
y;;- ~~
< \~ ~ ~
Tolle ~
Dale ~
~v,,?- J.J~ /'(91
,
California
Loan Guarantee Acceptance Provisions
(Use only for Section 108 Loan Guarantee Assistance to designated public agency)
The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on
"\ with respect to grant number , ,as Grantee designated to receive loan guarantee
assistance. and agrees to comply with the terms and conditions Of the Agreement, applicable regulations. and other requirements of HUD
now or hereafter in effect pertaining to the assistance provided it
Na~~-t.~7~ v/stq
Sigl1iVie of A~hrzed Off'Clal
Title aAf
Title
1~ ..it
HUO-7082.' 1'2.831
24 CFR 570
Instructions for Completing
Funding Approval Form
HUD-7082
U.S. Department of Housing
and Urban Development
CommunIty Development
Block Grant Program
~
1r
Block No.
1. Enter the Grantee's name as shown in Item 4 of Standard form
424.
2. Enterthenumber shown tn Item 300f Standard Form 424. and
indicate the Fiscal Year for which the funding IS to be made.
NOTE: If reallocated funds are being made available as a supple-
ment to an existing grant. enter in addition to the grant number for
the current fiscal year. the grant number for the grantee applicable
to the reallocated fund (i.e. if the grantee's FY 1985 grant number is
B-85-MC-99-0001 and the grantee will also receive allocated
funds appropnated In FY 1984. also enter B-84-MC-99-0001)
3. Enter the Grantee's complete address as shown In Item 4 of
Standard Form 424
4. Enter the date of submission or amendatory shown In Item 23
of Standard Form 424.
S. (a) Enter the month. day and year that the submIssIon or
amendatory was received. provided that It was Judged to be
complete. If the submiSSion was incomplete. enter the date
that the additions which made It complete were received
(b) Enter the date that the Grantee IS notIfIed of funding
approval. This will be the date appearing on the letter trans-
mitting the HUD-7082 to the Grantee and is considered the
POint of obligation for accounting purposes.
(c). Enter date program year starts
6. Check the appropriate box. Check "Original Funding Approval"
for the first funding approval form executed under the grant
number shown In Block No.2. Check ""Amendment'. for sub-
sequent funding approval forms executed under the same grant
number. Number amendments under the grant number consecu-
tively startmg With "I..'
7. Check the appropriate box.
8. The amounts entered in this block shall pertain only to funds
appropriated to CD Block Grants. They shall not Include amounts
pertaIning to surplus urban renewal funds. which are handled
separately in Block No. 10. If grantee is to receive reallocated
funds from prior Fiscal Year(s) in addition to its formula amount
from the current FIscal Year. complete one column for each
separate Fiscal Year: otherWise leave the first two Fiscal Year
columns blank.
(a) Enter the amount of CDBG funds currently reserved for
this Grantee under the grant number shown in Block No.2. If
am8{ldment. enter the amount of CDBG funds which have
been'-reserved since the completion of the previous Funding
Approval form.
(b) Enter the amount of COSG funds now being provided to
this Grantee. If amendment. enter only the Increase (+) or
decrease (-) in the amount of CDBG funds approved for use
by this Grantee under the grant number shown In Block No.2.
(c) Subtract the amount on line 88 from the amount on line
8a and enter the difference on this lme.
9. The amount entered in this block shall pertain only the dIstri-
bution of the grant amount shown on line 8b. If grantee is to
receive reallocated funds from prior Fiscal Year(s) in addition to its
formula amount from the current Fiscal Year, complete one
column for each separate Fiscal Year; otherwise leave the first two
Fiscal Year colum.,s blank. 5- '-3
(a) Enter the amount to be WIthheld for payment of principal
and interest due the purchaser of notes or other obligations
guaranteed pursuant to section 108. or, jf applicable, for
repayment due the United States as a result of guarantees
made pursuant to section 108.
(b) Enter the amount deducted by HUD pursuant to 24 CFR
570.802 to be used for repayment of urban renewal loans
Attach schedule, indicating the following for each loan:
Project Number:
Amount of CDBG funds to be applied to loan repayment:
S
(cl Add the amounts on lines 9a and 9b and enter the sum on
this line.
(d) Subtract the amount on line 9c from the amount on line
8b and enter the difference on this line. This is the amount of
COBG funds made available by this Funding approval form
for disbursement through the grant payment system (e.g.
letter of credit).
10. Complete only if surplus grant funds remained after the
financial settlement of urban renewal and/or NDP project(s). and
those funds have been reserved to thIS Grantee Reference: 24 CFR
570.801.
(a) Enter the amount of surplus U.A. funds reserved for this
Grantee. Verify this amount with the Regional Account:ng
Division. On the first Funding Approval form in which this
block is completed, enter the total amount of surplus U.R
funds reserved for this Grantee via Form HUD-718. On sub-
sequent Funding Approval forms. whether original or amend-
ment. enter the balance of surplus U.R. fundS available for
future use. as shown on line 10c of the previous Fundmg
Approval form. plus any additional amount of surplus U.R
funds reserved for this Grantee via Form(s) HUD-718
(b) Enter the amount of surplus U.R. funds now being
approved for use by this Grantee. This amount will be dis-
bursed through the grant payment system being used for
CDBG funds (e.g., leaer of credIt). If a .Ietter of credIt is being
used to disburse CDBG funds. the same letter of credit will be
used to disburse surplus U.A. funds.
(c) Subtract the amount on line 10b from the amount on line
lOa and enter the difference on this line.
11. (a) Enter an amount equal to three times the Grantee's cur-
rent entitlement amount.
(b) Enter the principal amount of outstanding loans guaran-
teed pursuant to Section 108.
(cl Enter the amount of outstanding commitments to guaran-
tee loans made pursuant to Section 108 (approved commit-
ments minus outstanding loans guaranteed).
(d) Subtract the amounts on line 11b and 11c from the
amount on line 11a and enter the difference on this line.
(e) Enter the amount of the loan guarantee commitment now
being approved for this Grantee. NOTE: the amount approved
cannot exceed the amount on line lle. ';,
12. Check the appropriate box. If applicable. enter the name and
complete address (Street. City, County. State and ZIP Code) of
any public agency designated and attach special Acceptance
Provision.
13. Add Special Conditions. if applicable.
....lln.7nA? 11?..R:ll
13. Special Condition:
(continued)
(a) In the event the applicant shall fail to submit a promissory
note or other obligation to HUD for inspection and guarantee
before December 1, 1992, this commitment shall terminate and
expire as of such date.
~~
~V?-
:--~~-:
..........-...;~~
~-:;...~--
--~- ~
ATTACHMENT 5
C1lY OF
CHUIA VISTA
OFFICE OF THE CITY ATTORNEY
June 24, 1991
U.S. Department of Housing and Urban Development
Attn: Paul Webster, Director, Financial Management Division
451 Seventh st., S.W., Room 7180
Washington, D.C. 20410
Re: Opinion of Counsel
Dear Mr. Webster:
It is my opinion that the Promissory Notes are valid, binding, and
enforceable obligations of the borrower; that the city Council of
the city of Chula vista (the governing body) has authorized, in
accordance with applicable state and local law, the issuance of the
notes; that the pledge. of grants pursuant to 24 CFR section
570.703 (b) (2) is valid; that there is no outstanding litigation
that will affect the validity of the notes; and, that the Series
1991-A Fiscal Agency Agreement is a valid, binding, and enforceable
obligation of the borrower.
BMB:DMH:clb
cdbgjopinion.ltr
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276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691 J)(l17
ATTACHMENT 6
TIME LINE FOR ACTIVITIES DESCRIBED IN SECTION 108 LOAN
GUARANTEE APPLICATION
NORMAN PARK SENIOR CENTER RENOVATION PROJECT
Request for Release of Funds
December 12, 1990
Award of Contract for Construction
December 18, 1990
Construction Work Began
February 1. 1991
Construction To Be Completed
February 1, 1992
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ATTACHMENT 7
REPAYMENT SCHEDULE
Face amount of the loan:
Term:
First payment of principal
Interest rate:
$ 750,000
3 years
August, 1992
?
February 1992: Full interest on $750,000 for 6 plus months
August 1992: First principal payment of $250,000 plus
interest on $750,000 for 6 months.
February 1993: Full interest on $500,000 for 6 months
August 1993: Second principal payment of $250,000 plus
interest on $500,000 for 6 months
February 1994: Full interest on $250,000 for 6 months
August 1994: Third principal payment of $250,000 plus
interest on $250,000 for six months.
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COUNCIL AGENDA STATEMENT
Item JI. A<..
Meeting Date 7/9/91
ITEM TITLE: a) Resolution J(P~~ Ordering changes and modifications in
proceedi ngs and assessments in Assessment Di stri ct No. 90-3
(EastLake Greens-Phase I)
SUBMITTED BY:
REVIEWED BY:
b)
Resolution 1l..~-;1 Authorizing certain assessment district
bonds to be sold at a public sale and directing a call for
sea 1 ed bi ds in Assessment Di stri ct No. 90-3 (EastLake
Greens-Phase I)
Resolution 1(.~3g Ratifying first amendment of Willdan
Associates contract for work performed in conjunction with
Assessment District No. 90~~~stLake Greens-Phase I)
Director of P~c Works plv .
City Manager 19 (4/5ths Vote: Yes___No-x-)
c)
At a public hearing on January 22, 1991, Council adopted resolutions approving
the Final Engineer's Report and confirming assessments in the amount of
$24,185,852 for the EastLake Greens-Phase I Assessment District No. 90-3. The
construction of the improvements to be acquired through the assessment
district proceedings were not complete at the time of the publ ic hearing and
sale of bonds was deferred to a later date. loday's action initiates the bond
sale portion of the proceedings.
In conjunction with this project, Willdan Associates has requested that the
City process an amendment to thei r contract whi ch i ncl udes an increase in
compensation.
RECOMMENDATION: Adopt the resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Resolution ordering changes in proceedings and assessments.
At the time of the publ ic hearing, it was estimated by Eastlake Development
Company that the construction of the improvements, which includes major and
collector streets, water, sewer, storm drain and reclaimed water systems, and
landscaping and irrigation would be completed in April of this year now should
be completed in September 1991. In anticipation of the possibility that the
final cost of the improvements would exceed the estimated cost, a contingency
allowance of approximately 10% of the estimated construction cost was made in
the amount assessed to the d i stri ct. It was further antic i pated that the
assessments coul d subsequently be lowered if some or all of the cont i ngency
was not needed.
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Page 2, Item lit,
Meeting Date 7/9/91
Based on a review by the Assessment Engineer, Willdan Associates, of the
project costs to date, it is recommended that the assessments to the district
and the bond issue be reduced to $21,978,202 from the original $24,185,852
amount. This reduction is a result of actual construction costs known to date
conformi ng to the earl i er estimated costs and the reduct ion in the need for
cont i ngency allowances. There remains a very mi nima 1 cont i ngency all owance
for the construction remaining to be completed. If the final cost of the
remaining construction exceeds the funds available from the bond issue,
EastLake Development Company will absorb the excess cost.
The proposed changes to the Final Engineer's Report, as shown in the Modified
Final Engineer's Report, consist of the lowering of the total amount assessed
to the district as discussed above and the resulting lowering of the
individual assessments. In addition, there were some minor corrections which
are also refl ected in the Report. All necessary procedures to process the
changes have been followed.
Resolution authorizing bonds to be sold.
As a result of the construct ion schedul e ori gi na lly provi ded, it was planned
that the bonds would be sold at this time and that bond debt service payments
would be posted to the property tax roll by the August 10, 1991 dead1 ine.
While the construction of the improvements will not be completed until
September 1991, it is recommended that the sale of the bonds proceed at this
time and that bond debt service be posted with County Tax Collector in August
as originally planned to be assessed this year. It is better to assess the
new homeowners the fi rst year they are there. Otherwi se an assessment in a
later year causes them problems.
If the bonds are not issued until November 1991, after the construction of the
improvements is complete in September, an interest accrual allowance of
approximately 7% would have to be added to the bond issue since the first bond
debt service could not be posted until August, 1992. This increase in
assessments to the district would negate most of the savings achieved through
the reduction in the contingency allowance. Bond debt service cannot be
posted to the property tax roll this year unless the bonds are sold and dated
prior to September 1, 1991.
The issuance of the bonds prior to the completion of the improvements has no
negative impact on the City or future property owners in that first, no
payment will be made to EastLake Development Company until all of the
improvements are comp1 ete and the fi na 1 cost is revi ewed; and second, any
funds remaining after the acquisition of the improvements is complete will be
credited back to the di stri ct in the form of a reduct ion in the amount of
bonds outstanding or in the bond debt service posted to the tax roll in 1992
or 1993.
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Page 3, Item ,1~
Meeting Date 7/9/91
Resolution ratifying First Amendment to Willdan Associates contract.
EastLake requested and City staff directed Wi11dan Associates to include DIF
streets in the assessment district. It was not originally anticipated that
DIF streets be included because of the projected debt of non-DIF streets would
maximize the "1% special tax" policy. However, project costs came in lower
and EastLake requested that DIF streets be added to the di strict. A revi sed
acquisition agreement and the Preliminary Engineer's Report, approved by
Council by Resolutions 15975 and 15974, outlined the additional improvements.
The request to add DIF streets was made after Willdan Associates had prepared
a draft Preliminary Engineer's Report and required them to modify that report
and perform additional audit work. Willdan is requesting an additional
$18,000, $14,187.17 for Implementation, $5,500 for Acauisition, and a
reduction of $1,687.17 for Postina (actual cost) for this district for a total
of $70,000 for the portion of the contract bei ng reimbursed by di stri ct.
There are adequate funds in the district budget to cover these costs. Staff
recommends approval of the additional compensation.
FISCAL IMPACT: None to the City. All bond issuance costs wi 11 be paid by
the assessment district.
DDS:fp/AY-083
WPC 5676E
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. -COUNCIL AGENDA STATEMENT 7'
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Meeting Date 1/22/91
Public Hearing: Assessment District No. 90-3 (Eastlake Greens
- Phse I)
Resolution Ordering certain changes and
modi ficat ion to the Engineer's report in Assessment Di strict
No. 90-3
b) Resolution Confirming the assessment, ordering the
impr~vements made, together with appurtenances, and approving
the engineer's "report" for Assessment District No. 90-3
c) Resolution Approving contracts for ownership of
utility improvements for Assessment District No. 90-3
SUBMITIED BY: Director of Public Works ~
REVIEWED BY:
City Manager
(4/Sths Vote: Yes___No-x--)
On December Ie, 1990, Council adopted the resolution of intention to order the
acquisition and financing of certain infrastructure improvements in the Greens
and surrounding areas of the Eastlake Development pursuant to the Municipal
Improvement Act of 1913 and Ordinance No. 2397, and set a public hearing for
January 22, 1991, for the purpose of hearing public testimony.
All owners of property within the proposed assessment district have been
mailed a notice of the public hearing including the proposed assessment to
their land.
RECOMMENDATION: Adopt the resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Municipal Improvement Act of 1913 h a financing mechanism which allows
the future residents to finance infrastructure improvements through assessment
district bonds with payments collected on their property taxes.
This is an acquisition assessment district wherein the developer is
constructing the public improvements and the City will acquire them upon
completion with funds derived from the sale of bonds. The estimated cost of
the improvements are assessed to land within the assessment district and paid
off by the property owners over a 25 year period. New home buyers have the
option of paying off the assessment and including the cost with their
mortgage. However, since this would raise the amount of the down payment and
would be paid at a higher interest rate for a longer period of time, this
option is rarely, if ever, exercised.
The improvements proposed to be financed by the assessment district include
circulation element streets, collector streets, water and sewer systems,
reclaimed water facilities, storm drain systems, dry utilities, landscaping
and irrigation systems.
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Meeting Date 1/22/91
The total amount proposed to be assessed to the parcel sin the assessment
district is $24.19 million. This includes construction, engineering design,
inspection and administration costs, and other incidental costs as shown in
the fall owi ng :
Acouisition Construction Costs
Water System 980
Water System 710
Waste Water
Street, Storm Drain and Landscaping
Reclaimed Water -
Dry Utilities
DIF Streets
Incidental EXDenses
1. Project Management
2. Assessment Engineering
3. Design Engineering
4. Construction Supervision
5. Bond Counsel
6. Financial Consultant
7. Landscape Design
8. Utility Engineering
9. Plan Check & Inspection Fees
10. Public Agency Project Management
11. Surveying & Staking
12. Special Studies Engineering
13. Soils Engineering
14. Printing, Advertising, Post of Public Hearing Notices
15. Bond Printing, Servicing & Registration
16. Sewer and Water Engineering
17. Capitalized Interest
TOTAL
$1,684,921
1,426,751
2,032,996
4,947,466
975,861
1,173,014
5.101. 950
$17,342,959
SUBTOTAL INCIDENTALS
$ 40,000
70,000
1,367,000
70,000
62,732
35,000
320,000
50,000
600,000
35,000
336,000
300,000
164,000
4,000
10,000
235,000
241.859
$3,940,591
$ 483,717
2.418.585
$6,842,893
$24,185,852
18. Bond Discount (2%)
19. Reserve Fund (10%)
TOTAL
TOTAL ASSESSED TO DISTRICT
Since construction of all of the improvements is not yet complete, the amount
proposed to be assessed to the district and the individual assessments
represent not to exceed amount. There is a contingency amount of
approximately 10 percent of the construction budget included in the amount
assessed to the district and upon completion of the improvements, the final
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Page 3, Item
Meeting Date 1/22/91
cost will be reviewed and the assessments ro!duced as
appropriate. If the costs are higher than the contingency provide for, the
developer will cover those increased amounts. The bond sale, which will be
held at the completion of construction which is anticipated in April 1991,
will also be adjusted in accordance with the final construction cost.
The assessments proposed for three of the approximately 190 parcels in the
district result in parcel value to assessment ratios which are les~ then the
City's criteria of three to one.
The three parcels include the neighborhood shopping center, the golf course
and the golf course clubhouse site. Tbe appraisal of the current value of the
parcels is based on unimproved land with only the publ ic improvements in
place. It is reasonable to project that when all three parcels are fully
developed, the value to assessment ratio will meet or exceed the City's
criteria. In the interim period, the EastLake Development Company will
provide letter of credit as security for that difference associated with the
debt to lien ratio of these parcels prior to the sale of bonds.
Subsequent to the approval of the Preliminary Engineer's Report, it was
determined that several final subdivision maps had been recorded. However,
one corresponding parcelization had not been included in the preliminary
assessment roll. The new parcels have now been included. Since the
assessment was considered in the prel iminary report there is no charge in
assessment just a redistribution to the parcels created by the subdivision.
It was also determined that the incidental expenses of the assessment district
had been incorrectly applied to the individual assessments. The resolution
ordering changes and modifications to the Engineer's Report corrects these
inaccuracies. The correction of the incidental expense misappl ication does
result in some assessments increasing and some decreasing. The maximum
increase in assessments to residential parcels is 8.5 percent. The resulting
assessments are well within the City's three-to-one value-to-assessment ratio
criteria and below the one percent maximum annual debt service policy. The
owners of parcels whose assessments have been raised have signed a waiver and
consent form accepting the increases.
On the agenda are three-party agreements with the City, EastLake Development
Company and SDG&E, Pacific 8ell, and Otay Water District for the acceptance
and conveyance of facil ities constructed as part of the assessment district
improvement. There is no cost or liability to the City associated with these
agreements, however, they are necessary as a part of the acquisition district
proceedings.
FISCAL IMPACT: EastLake Development Company has deposited the one percent
assessment district origination charge of $241,858.52 with the City. If the
assessment proceedi ngs are not compl eted, thi s money wi 11 be refunded mi nus
any staff costs. Or if the proceedings are completed, then this money will be
deposited to the General Fund. All assessment district costs will be paid
through the issuance of 1915 Act bonds.
WPC 5391E
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ITEM TITLE:
SUBMrn.ED BY:
REVIEWED BY:
BACKGROUND:
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SUPPLEMENTAL
COUNCIL AGENDA STATEMENT
Item
a) Resolution
b) Resolution
c) Resolution
Meeting Date 12/18/90
Adopting a map showing the proposed boundary
of a special Assessment District No. 90-3,
EastLake Greens Phase I
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Declaring . intention and covering preliminary
deteI111ination to order the acquisition of certain
improvements in a proposed Assessment District
No. 90-3, EastLake Greens Phase I: ordering
the preparation of a report describing the district
to be assessed to pay the costs and expenses
thereof; and providing for the issuance of bonds
Passing on the "Report" of the Engineer, giving
preliminary . approval and setting a time and
place for a public hearing regarding Assessment
District No. 90-3, EastLake Greens Phase I
I
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d) Resolution Approving revisions to the acquisition/financing
agreement for Assessment District No. 90-3,
EastLake ~re/ Phase I.
Director of Public wor~ fW1/
City Manager
(4/Sths Vote: Yes_No..K..)
)\
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On October 16, 1990, Council accepted the petition of the EastLake Development Company
and other property owners to initiate acquisition assessment district proceedings, pursuant
to the Municipal Improvement Act of 1913 and Ordinance 2397, for the financing of
infrastructure improvements in the Greens and surrounding areas of the EastLake
development. This item continues the formal proceedings leading to the establishment of
the EastLake Greens - Phase I assessment district.
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Page 2, Item
Meeting Date 12/18/90
Adopt the resolution. Set time and date of public hearing for January 22, 1991, at 6:30 p.m.
BOARDS AND COMMISSIONS RECOMMENDATIONS: None
DISCUSSION:
At its neeting of December 11, 1990, the Council continued this item for one week and
requesLed information in three areas: What. would be the impact of the proposed
assessments on future homeowners?; What information relative to the proposed assessments
would be disclosed to new home buyers?; and, By approving this assessment district, what
additional liability is the City taking on? _ The following responses are offered to those
questions.
What would be the impact o/the proposed assessments onJUture Iwmeowners?
City policy requires that the aggregate total of all property taxes, special taxes, and the
annual debt service for special assessments shall not exceed two percent (2%) of the market
value of a home. The two percent target is widely used by public agencies in California to
evaluate the impact of special taxes, primarily Mello-Roos Community Facility Districts, and
the annual payments for assessment districts on homeowners.
Since the property tax is approximately one percent (1%), the total of special taxes and
assessment district debt service cannot exceed the remaining one percent (1%). A
preliminary review of the existing and future debt, including this proposed assessment
district, by the financial consultant indicates that the maximum annual payments will be in
the range of three-quarters of one percent (3/4 of 1 %). This is substantially below the one
percent (1%) referred to above.
The proposed assessments range from $5,930 for condominium units to $6,700 for detached
dwelling units. The estimated market value ranges .from $170,000 for the lowest
condominium unit to $192,000 for the lowest detached dwelling unit. The annual debt
service payment on an assessment of $5,930 would be approximately $590, which is 0.35
percent (0.35%) of the $170,000 value; for the assessment of $6,700, annual debt service
payment would be $670, which is 0.35 percent (0.35%).
As _discussed below, the home owner will be informed of the assessment district. The
facilities being constructed are necessary for the developers to construct their subdivisions.
Consequently, the developers have to front the costs and then charge them to the home
buyer in the price of the home or charge them through an assessment district. The financial
impact to the home owner is shown on Exhibit S-I, attached, whereby the home owner has
the choice of financing the assessment through his mortgage or accepting the assessment.
This table illustrates, that over the life of the financing, the home owner would pay $4,390
more in interest payments if the assessment district were not an option. Therefore, there
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Page 3, Item
Meeting Date 12/18/90
is a small favorable impact for the home owner in using the assessment district. There have
been very few, if any, home owners who assumed obligations through their conventional
loans in lieu of the assessment district.
What infOTTTUltion relative to the proposed assessments would be disclosed to new home buyers?
The City has a 'ery strong disclosure ordinance regarding special taxes and special
assessments. De\ llopers are required to disclose not only the amount of taxes and/or
assessments, but to show prospective home buyers all annual payments and the cost to
discharge the special tax and/or assessment-in its entirety at the time of purchase. In an
effort to assure that home buyers acknowledge this information, they may indicate on the
disclosure :orm whether or not th~y wish to discharge any or, alI of the special taxes and
assessments, and sign the form. Sample disclosure forms for the proposed assessment
district are attached.
By approving this assessment district, what additional liability is the City taking on?
The City is assuming no liability in approving this assessment district. The land upon which
the assessments are levied provides the sole security for any bonds which are issued as a part
of this proceeding.
The folIowing language is from an Official Statement to potential bond buyers and is
commonly utilized throughout California on assessment district bond issues:
"Neither the full faith and credit nor the general taxing power of
the City, the State of Califomia, nor any political subdivision
thereof is pledged to the paymellt of the bonds. If a delinquency
occurs in the paymellt of any assessmellt illStallmem, the City will
have a duty only to trallSfer into the redemption fund the amoullt
of the delinquency out of the reserve ftllld. This duty of the City
is continuing during the period of delinquency, only to the extellt
of funds available from the reserve fund, until reinstatemellt,
redemption or sale of the delinquem property. There is no
assurance that sufficiem funds will be available from the reserve
fund for this purpose. In accordance with Section 8769(b) of the
Improvemellt Bond Act of 1915, the City has detennined that it
wi/1not obligate itself to advallce fUllds from its treasury to cure
any deficiellCY in the redemptioll fUlld."
Included in the assessment district budget are monies to establish a reserve fund. This fund,
. which is equal in amount to one full year of debt service on the bonds, is established for the
purpose of paying the bondholders in the event of any delinquency on the part of property
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Page 4, Item
Meeting Date 12/18/90
owners in making their paymer.ts, which are collected on the annual property tax bill. If a
property owner is delinquent, the City will begin foreclosure proceedings against the
property within 150 days.
The impact of issuing assessment district bonds on the City's ability to issue other types of
bonds.is negligtble. It can actually enhance the City's bond issuing capability if the
8clm;n;~tration of assessment dhtrict bonds is timely and tliorough.
CONCLUSION:- ':"::-
Assessment district financing is widely usedin new developments in California, including
Chula Vista. All new development east of 1-805 are in School District Mello-Roos Districts,
and all new development for EastLake and Rancho del Rey ;.Jse assessment districts for
infrastructure. . _ '..
The Council Agenda Statement of December 11, 1990, is attached for reference. Also
attached are sample disclosure forms given to potential buyers to fully inform them of the
assessment.
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EXHIB IT 5-1
TOTAL INTEREST PAID
CASE I - Assessment District and Conventional Loan
Assume conventional loan @ 10% - 30 yr. - 20% down
Assessment districts @ 8~% - 2'5 yr. - no down
Amour t Monthly Total
Price Financed Payment Interest
Conv. loan '$170,000 $136,000 $1,202.24 $296,806.40
A.D. 90-3 5,930 48.27 8,551. 00
$141,930 $1,250.51 $305,357.40
CASE II - Financed by Conventional Loan Only
Conv. loan
$175,930
$141,930
$1,254.66
$309,747.60
Amount of interest saved by Assessment District is $4,390.20
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o -COUNCIL AGENDA STATEMENT 0
Reso 1 ut i on 'Sq, 'A.
boundary of special
Greens Phase I
Item~, e .b
Meeting Date 12/11/90
Adopting a map showing the proposed
Assessment District No. 90-3, Eastlake
SUBMITTED BY:
b) Resolution '$'q'13 Declaring intention and covering
preliminary determination to order the acquisition of certain
improvements in proposed Assessment District No. 90-3,
Eastlake Greens Phase I: order'ng the preparation of a report
describing the district to be assessed to pay the costs and
expenses thereof; and providing for the issuance of bonds
c) Resolution ,S"ql'l Passing on the "Report" of the
Engineer, giving preliminary approval and setting a time and
place for a publ ic hearing regarding Assessment District No.
90-3, Eastlake Greens Ph~se I
d) Resolution ,S''tfJ$"' Approving revisions to the
acquisition/financing a9~eement for Assessment District No.
90-3, Eastlake Greens Pha;~~~.;1
Director of Public work~lr-
City Manager l~a, (4/Sths Vote: Yes_NoA.)
REVIEWED BY:
On October 16, 1990, Council accepted the petition of the Eastlake Development
Company and other property owners to initiate acquisition assessment district
proceedin9s, pursuant to the Municipal Improvement Act of 1913 and Ordinance
2397, for the financing of infrastructure improvements in the Greens and
surroundin9 areas of the Eastlake development. This item continues the formal
proceedi ngs 1 eadi ng to the establ i shment of the Eastl ake Greens - Phase I
assessment district.
RECOMMENDATION: Adopt the resolutions. Set time and date of public hearing
for January IS, 1991, at 6:30 p.m.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The public improvements proposed to be financed through the acquisition
assessment district proceedings include major and collector streets, water and
sewer systems, reclaimed water facilities, electrical, gas, and' telephone
systems, storm drain facilities, and landscaping and irrigation systems. The
estimated total amount proposed to be assessed to the land in the district is
S24,185,852, including S17,342,959 for construction and S6,842,893 in expenses
which include design engineering and plan checking costs, inspection costs,
assessment district consultant expenses, and bond reserve fund and discount
a 11 owances.
'.
Construction of the competitively bid improvements be9an in early 1990 and are
estimated to be completed by April I, 1991. The improvements in the Greens
area will be sufficiently complete in early January, 1991 that the Eastlake
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'__ige 2, Item "II~.fa
Meeting Date 11/6/90
nt Company has scheduled the grand opening of that ar~i!. in early
1 with the marketing of homes to follow shortly thereafter. Since the
Jng of homes would precede the levying of assessments in_ a standard
"isition assessment district proceedings, Eastlake Development Company has
quested that the City's recently adopted procedural ordinance, Ordinance
2397, which allows the acquisition of improvements completed after the
adoption of the. resolution. of intention and publ ic heating, be util ized to
complete the proceedings prior to February. The City has received a guarantee
for all City improvements included in the proposed assessment districts in the
form of bonds. ~his will. ensure that the .improvements assessed in the
district will be constructed. Additionally, .the City will not pay for the
acquisition of improvements until they have been completed.
The areas included within the proposed assessment distr ct boundary are the
Greens, Trails, Vistas and the Olympic Training Center site. Only the
northern portion of the Greens will have all improvements constructed at this
time, and will receive no subsequent. a-ssessments. The Trails, Vistas,. Olympic
Training Center,. and the southern portion of the Greens, however, receive
benefit from portions of the backbone water, s~wer, reclaimed water,
electrical, gas, and telephone systems being constructed at. this time. As
improvements are completed in these areas in the future, Eastlake Development
Company has indi cated they wi 11 propose subsequent assessment di stri cts for
those improvements.
The proposed revisions to the approved acquisition/financing agreement consist
of the addition of two major streets, included in the Transportation
Development Impact Fee (DIF) program, and the deletion of one street, also in
the DIF program. The streets to be added are Eastlake Parkway from Otay lakes
Road to approximately 4,500 feet south and Hunte Parkway from Otay lakes Road
to Cl ubhouse Dri ve. The del eted street is East Orange Avenue from Hunte
Parkway to approximately 5,000 feet east. Also deleted are the water, sewer,
and storm drain facilities which would have been constructed as an integral
part of East Orange Avenue.
At the time the acquisition/financing agreement was prepared, it was thought
by the developer that the inclusion of the DIF amount, then 52,850 per
equivalent dwelling unit, in the assessments for the other improvements would
result in total assessments which would exceed the City's policy limiting all
annual public debt service to one percent (1%) of the value of a dwelling unit
or other development. A detailed review by the City's financial consultant
has shown that even with the addition of the recently updated DIF amount, the
proposed assessments are well below the one percent limit. East Orange Avenue
is being deleted due to a schedule change by the developer which delays its
completion until late 1991 or early 1992.
The next step in the assessment district proceedings is the public hearing.
Adoption of tonight's resolutions will set the time and date of the publ ic
hearing for January 15, 1991, at which time the district will be formed and
the assessments will be levied. After the publ ic hearing, further Council
action will be necessary to authorize the sale of bonds.
FISCAL IMPACT: The Developer has advanced all City expenses related to the
prop.osed assessment district. In conformance with City policy on developer
requested assessment districts, recently adopted by Resolution 15897, Eastlake
Development Company will deposit the origination charge of approximately
$240,000 prior to the public hearing. The actual amount will be based on the
Final Engineer's Report.
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RESOLUTION NO. J~~3(.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CHANGES AND MODIFICATIONS
IN PROCEEDINGS AND ASSESSMENTS IN ASSESSMENT
DISTRICT NO. 90-3 (EASTLAKE GREENS, PHASE I)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has
previously adopted its Resolution of Intention and confirmed an assessment
for certain works of improvement 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.
90-3 (EASTLAKE GREENS, PHASE I) (hereinafter referred to as the "Assessment
District"); and,
WHEREAS, at this time it is further determined that assessments can be
reduced to better reflect final construction costs based upon estimates of
final work; and,
WHEREAS, there has now been submitted an amended Engineer's "Report n
ref lecting reduct ions in assessments to better reflect actual costs and
benefits received from the works of improvement, except one assessment which
will require an amendment and increase to properly reflect benefits received;
and,
WHEREAS, there has also been submitted an executed Consent and Waiver
acknowledging the increase in Assessment No. 124.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That it is hereby ordered that certain changes and modifica-
tions can be made to cause the reduction in assessments to better reflect
final construction figures and costs. One assessment will require an
increase to properly reflect proposed development projections. For particu-
lars as to the modified assessments, reference is made to the Engineer's
"Report", as amended, dated the date of this meeting_
SECTION 3. That said changes and modifications are hereby ordered
pursuant to the provisions of Section 10352 of the Streets and Highways Code
and said changes and modifications will not result in the increase in any
individual assessment or result in the inclusion of any properties not origi-
nally within the boundaries of the Assessment District, except as set forth
as follows:
Assessment No. 124 shall be increased from the confirmed amount of
$129,454.00 to $185,333.05 to properly reflect benefits based on
property development and projected units.
SECTION 4. That said changes and modifications, as so ordered, are to
the best interests of the property owners within the boundaries of the Assess-
ment District and the assessment roll and Engineer' B "Report ", as modified,
shall now stand as the "Report" for all subsequent proceedings relating to
this Assessment District.
){,()...-I
SECTION 5. That no public hearing is required for these changes and
modifications inasmuch as said modifications meet the intent and requirements
of said Section 10352 of the Streets and Highways Code, and it is further
hereby determined that said changes and modifications are in the best public
-interest and convenience for the Assessment District and the property owners
affected thereby.
SECTION 6. That said changes and modifications will cause a reduction
in all assessments as set forth in the amended Engineer's "Report", except
Assessment No. 124, which is hereby ordered to be increased.
SECTION 7. That said executed CONSENT AND WAIVER is hereby received,
approved and ordered to be filed in the Office of the City Clerk.
Presented by
Approved as to form by
John P. Lippitt
Public Works Director
0}RJ,..j ~ 7/>1'11
/J.;.,.sruce M. 80098a
IIWN:ity Attorney
PASSED, APPROVED, and
Vista, California, this
following vote:
ADOPTED by the City Council of the City of Chula
day of 1991, by the
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Gregory R. Cox, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
1'tJ... .2,
RESOLUTION NO. /(,').3'7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNJ;A, AUTHORIZING CERTAIN
ASSESSMENT DISTRICT BONOS TO BE SOLO AT PUBLIC
SALE AND DIRECTING A CALL FOR SEALED BIDS
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has
previously initiated proceedings pursuant to the provisions of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the
state of California, and declared its intention to issue bonds pursuant to the
provisions of the "Improvement Bond Act of 1915", being Division 10 of said Code, in
a special assessment district known and designated as ASSESSMENT DISTRICT NO. 90-3
(EASTLAKE GREENS, PHASE I) (hereinafter referred to as the "Assessment District");
and,
WHEREAS, at this time this legislative body is desirous to proceed to authorize
that said bonds shall be sold on sealed proposals to the highest bidder, all in the
form as authorized by law.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That this legislative body does hereby call for sealed bids through
a competitive sale for bonds to be issued to represent unpaid
assessments within the Assessment District, said bonds to be issued
in the form and provisions of the "Improvement Bond Act of 1915",
being Division 10 of the Streets and Highways Code of the State of
California.
SECTION 3. That the interest rate on said bonds shall not exceed the current
legal maximum interest rate of 12% per annum, and said bonds shall
be subject to all of the terms and provisions relating to bonds as
set forth in the "Improvement Bond Act of 1915", and further as Bet
forth in the Resolution of Intention for these proceedings.
SECTION 4. That the designated Financial Consultant, KADIE-JENSEN, JOHNSON &
BODNAR, is hereby directed and authorized to proceed at this time to
call for sealed bids and solicit proposals for the sale of bonds to
represent all unpaid assessments on privately owned property within
the boundaries of the Assessment District.
SECTION 5. That there will be furnished the legal opinion of BROWN, HARPER,
BURNS & HENTSCHKE, Attorneys at Law, approving the validity of the
proceedings and the enforceability of said bonds.
Il.,b -I
PASSED, APPROVED,
California, this
and ADOPTED by the City Council of the City of Chula Vista,
day of , 1991, by the following vote:
AYES: Councilmembers:
NOES: Councilmernbers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
ss.
I, Beverly A. Authelet, City Clerk of the City of
certify that the foregoing Resolution No.
adopted by the City Council held on the
Chula Vista, California, do hereby
was duly passed, approved, and
, 1991.
day of
Executed this
day of
, 1991.
Beverly A. Authelet, City Clerk
/t.h-Z-
RESOLUTION NO. '~~3&
RESOLUTION OF
CHULA VISTA
AGREEMENT FOR
THE CITY COUNCIL OF THE CITY OF
RATIFYING FIRST AMENDMENT TO
SERVICES WITH WILLDAN ASSOCIATES
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on May 22, 1990, pursuant to Resolution No.
15624 the City and Willdan Associates, a California corporation
(Engineer), entered into an Agreement for Consulting Engineering
Services; and
WHEREAS, the City has requested Engineer to perform
additional tasks and gather additional information relative to
completion of Assessment District 90-3 not contemplated in the
original Agreement, at costs in excess of those set forth in the
original Agreement; and
WHEREAS, such additions require amendments to both the
scope of services and fee for services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the First Amendment
to Agreement for Services, a copy of which is on file in the
Office of the City Clerk, and incorporated herein, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of
Chula vista be, and he is hereby authorized and
execute said First Amendment to Agreement for and
the City of Chula vista.
the Ci ty
directed
on behalf
of
to
of
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
Bruce M.
9039a
I~C. - I /1,e.2
"'.. ~. ..,
FIRST AMENDMENT TO
AGREEMENT FOR SERVICES
This First Amendment to Agreement is entered into this day of , 1991,
by and between the City of Chula Vista (hereinafter referred to as "City") and Willdan
Associates, a California Corporation (hereinafter referred to as "Engineer");
WITNESSETH
WHEREAS, on May 22, 1990, pursuant to Resolution No. 15624, the City and Engineer
entered into an Agreement for consultant engineering services to perform a feasibility
and financing plan and to implement findings and recommendations regarding the
EastLake Greens and the balance of the EastLake development, including the proposed
Olympic Training Center; and
WHEREAS, the City has requested Engineer to perform additional tasks and gather
additional information relative to completion of Assessment District 90-3. Such
additions will require an amended Scope of Services; and
WHEREAS, City is desirous of having Engineer complete the additional tasks within
the Scope of Services of this amended agreement which are necessary to accomplish
Assessment District 90-3.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto that the original agreement is amended as follows:
1. Engineer's responsibilities as set forth in Section 1, Subsection B.2 are amended
to read:
2. 'ln consultation with City staff, property owners, and other consultants,
using the feasibility report as a guide, determine the improvements to be
financed by the assessment process. Improvements shall include
development impact fee streets."
2. Engineer's responsibilities as set forth in Section 1, Subsection C.3 are amended
to read:
3. "Verify the final improvement quantities and associated costs, including
incidental expenses, which will be the subject of acquisition and provide
a certification to the City. Improvements shall include development
impact fee streets."
3. Fees as set forth in Subsections B, C, and D of Section 3 of the original
Agreement are amended to read:
B. "For services performed under Section I-B, the lump sum fee of
$39,500.00 per District except AD 90-3, for which there shall be the lump
sum fee of $53,687.17, payable in monthly progress payments based on
percentage of the work completed."
SF2\A.dmin IContractlO4()()()-l. Con \ 7-1 -91
It-C - 3
I' - ','
;..., ~-' :...c
C. "For services performed under Section l-C, the lump sum fee of $9,500.00
per District except AD 90-3, for which there shall be the lump sum fee of
$15,000.00 payable in monthly progress payments based on percentage of
the work completed."
D. "The cost of printing, reproduction, posting, publication, notIcmg,
advertising, mailing and postage, where provided by Engineer as described
in Section l-A-12 and 13, shall be reimbursed to Engineer at Engineer's
direct cost, said amounts not to exceed $3,000 per district, except AD 90-3
for which there shall be the lump sum fee of $1,312.83, based on current
hourly rates.
For services performed after December 31, 1990, the above stated fees
shall be increased by the same percentage increase in the Consumer Price
Index, San Diego all urban consumers index, as of January 1st of each
year.
Total remuneration for Engineer for the Feasibility jFinancing Plan, seven
special district and acquisition proceedings including the fully budgeted
amount of direct expenses for printing and noticing shall not exceed
$440,000.00, not including CPI adjustments."
All other provisions of the original Agreement dated May 22, 1990 shall remain in full
force and effect except the additions or deletions set forth above.
IN WITNESS WHEREOF, the City and Engineer have executed this Agreement on
this _ day of , 1991.
THE CITY OF CHULA VISTA
WlLLDAN ASSOCIATES
Mayor of City of Chula Vista
ATTEST
City Clerk
Approved as to form by:
. _~t:U \i--V ' 7jS/9!
{C<{:City Attorney ~
snlAdmin IConrracII04OC\?-/. Con 17-/-9/
Il,e - ~
~O~SENT AND WAIVER
AGENCY:
CITY OF CHULA VISTA
WHEREAS, the above Agency has initiated proceedings and scheduled a public hearing
under the provisions of the "Municipal Improvement Act of 1913", being Division 12
of the Streets and Highways Code of the State of California, for the construction of
certain public improvements to benefit properties within the boundaries of a special
assessment district, said assessment district known and designated as ASSESSMENT
DISTRICT NO. 90-3 (EASTLAKE GREENS, PHASE I), (hereinafter referred to as the
"Assessment District"; and,
WHEREAS, at this time certain changes and modifications are proposed to be made to
the assessment of property owned by the undersigned property owner(s); and,
WHEREAS, the undersigned property owner (s) acknowledges that pursuant to the
provisions of the "Municipal Improvement Act of 1913", property owner would be
entitled to additional notice of the proposed increase in the assessment against the
property. The undersigned, however, acknowledges that he is aware of the proposed
increase in the assessment against the property and waives any and all right which he
may now have to further notice pertaining to the proposed increase in the assessment
against the property and any and all right which he may have to protest the
modification to the proposed improvements resulting in said increased assessment.
NOW, THEREFORE, it is hereby declared by the undersigned property owner(s) as
follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the undersigned property owner (s) hereby consents to the proposed
modification and amendment to the assessments as hereinafter set forth:
ASSESSMENT
NUMBER
ORIGINAL
ASSESSMENT
PROPOSED
MODIFICATION
PROPERTY
DESCRIPTION
124
595-321-30
$129,454.00
$185,333.05
REASON FOR PROPOSED MODIFICATION: To correctly reflect benefit based on
property development and projected units.
SECTION 3.
That property owner(s) hereby acknowledges the above proposed changes and
modi f icat ions and increase in assessment, and requests the Agency to
proceed at this time to order said changes and modifications.
DATED:
The undersigned hereby certify under penalty of perjury that they are the
property owner(s) of record of the parcel and property as described and
set forth above. r,"fI/t..W/t'l 1/1 Ll../fS PI9P-""rNC1!S'
/lY: c~^,"'V.(L7 -1",,^f:/l..IG~ ./
7- s--'t ;z2dc - -n1y-- v,,,.
PROPERTY OWNER
SECTION 4.
/'t-6
State of California
County of San Diego
befo e me, dLiClAMl.- ~frK ,personally appeared
, personally known to me r proved to me on the basis
of satisfactory evidenc to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument on the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument. _
WITNESS my hand and official seal.
Signature AJu~ iJ,o-a
OffICiAl SEAL
~"... SILVANA BRAZEll
. '. \'4()TARY. PUBliC .~lroR"IA
PRINCIPAL OFFICE IN
SAN DIEGO COUNIV
,..... M, CommiSSKm hPI~ feb. 12, 1994
(Seal)
CERTIFICATION OF ASSESSMENT ENGINEER
The undersigned, as Assessment Engineer, does hereby CERTIFY that I have reviewed the
CONSENT AND WAIVER form, and that the persons signing the document are the owners of
the property as shown on the records of the County Assessor or as shown by documenta-
tion, copies of which are attached hereto.
EXECUTED this U day of
, 1991, at Chu1a Vista, California.
WILLDAN ASSOCIATES
/:)L~
BY'~~~ ~
~ SMENT E R
I
-~( ,1r\<.'
(I,i' ~..,'--' Q 1.,1'"
FINAL ENGINEER'S REPORl ~~,j~
S,.'ci C'.:'v::.\: . ,
~... "11<<\(0\./1
.-:('". I ~_
MODIFIED
~ ~
-
-
- -
- -
CITY OF
CHULA VISTA
ASSESSMENT
DISTRICT NO. 90-3
EASTLAKE GREENS PHASE 1
ASSESSMENT DISTRICT
(ACQUISITION)
'\Kl WILLDAN ASSOCIATES
ASSESSMENT DISTRICT NO. 90-3
(ACQUISITION)
EASTLAKE GREENS PHASE I
CITY OF CHULA VISTA
Tim Nader
Mayor
City Council Members
David L. Malcolm
Jerry R. Rindone
City Staff
John D. Goss
John P. Lippitt
Bruce Boogaard
Cliff Swanson
Leonard M. Moore
(Vacant)
City Manager
Director of Public Works
Ci ty Attorney
City Engineer
Professional Services
Willdan Associates
Municipal Finance Administration
Brown, Harper, Burns & Hentschke
Kadie-Jensen, Johnson & Bodnar
Assessment Engineer
Project Management
Bond Counsel
Financing Consultant
Preliminary approval by the City Council of the City of Chula Vista on the II th day of
December, 1990.
Final approval and confirmation by the City Council of the City of Chula Vista on the 22nd
day of January, 1991.
Modified by the City Council of the City of Chula V'
(
JS5lJANETI{)4(X)().XVlIlle 25. 1991
ASSESSMENT DISTRICT NO. 90-3
(ACQUISITION)
EASTLAKE GREENS PHASE I
CITY OF CHULA VISTA
TABLE OF CONTENTS
Section
~
A Order of Procedure and Schedule of Events . . . . . . . . . . . . . . . . . . . . . . I
B General Information .................................... 2
C Resolution of Intention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
D Engineer's Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
Part I Plans and Specifications . . . . . . . . . . . . . . . . . . . . . . . . .. 12
Part II Improvement Costs and Expenses ... . . . . . . . . . . . . . . . .. 13
Part III Assessment Roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
(a) Submittal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
(b) Assessments Per APN . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
(c) Certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33
(d) Method and Formula of Assessment Spread . . . . . . . . . . . . .. 34
Part IV Diagram (Reduced) . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 55
Part V Description of Work . . . . . . . . . . . . . . . . . . . . . . . . . . .. 63
Part VI Right-of-Way Certificate ......................... 64
ApJ>endix
A - Acquisition Agreement
B - Actual Cost Information (Bound Separately)
C - Procedural Ordinance No. 2397
JS5'JANEn04(X)(),X'June 20, 1991
II
SECTION A
ORDER OF PROCEDURE
AND
SCHEDULE OF EVENTS
ASSESSMENT DISTRICT NO. 90-3
Event
1. Acquisition Agreement
2. Adopt Boundary Map
3. Resolution of Intention
4. Presentation of Preliminary
Engineer's Report
5. Public Hearing
Confirmation of Assessments
6. Approve Modifications
JS5VANEn04OOO.XVune 20, 1991
Date
October 16, 1990
December 18, 1990
December 18, 1990
December 18, 1990
January 22, 1991
July 9, 1991
SECTION B
GENERAL INFORMATION
ASSESSMENT DISTRICT 90-3
The Assessment District is proposed for the purpose of acquiring certain public improve-
ments under the Municipal Improvement Act of 1913 and the City of Chula Vista,
Procedural Ordinance No. 2397. The general administration of this District will be
undertaken by the City of Chula Vista and all official actions will be made by the City
Council.
Following the public hearing to confirm the assessments, the property owner has thirty (30)
days in which to pay all or any portion of this assessment without interest or penalty. Each
property owner has the option of paying their total proportional share in cash, or by paying
each in installments through the issuance of assessment bonds. If the property owner elects
not to pay the assessment within the 30 day cash collection period, assessment bonds, in
the amount of the unpaid assessment, will be sold to cover the cost of the assessment. The
total cost may include, but is not limited to, such items as construction costs, design costs,
legal fees, various consultant fees, printing and publication charges, and costs of servicing
bonds.
The cost of the acquisition of these improvements and incidentals is assessed and spread
proportionally over every parcel of land within the District that has received an im-
provement or has benefitted by the improvement. The method of making the assessment
spread is in accordance with the benefits received. The level of benefit varies according
to land use and utilization of the improvements funded.
Additional information may be obtained by contacting the office of the Public Works
Director, John P. Lippitt.
JS5VANEn04OOO.XVun~ 20, 1991
2
SECTION C
RESOLUTION OF INTENTION
Original on file at the office of the City Clerk
lSSVANEn04OfX).XVune 20, 1991
3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, DECLARING INTENTION
AND COVERING PRELIMINARY DETERMINATION TO
ORDER THE ACQUISITION OF CERTAIN IMPROVEMENTS
IN A PROPOSED ASSESSMENT DISTRICT; ORDERING
THE PREPARATION OF A REPORT DESCRIBING THE
DISTRICT TO BE ASSESSED TO PAY THE COSTS AND
EXPENSES THEREOF; AND PROVIDING FOR THE
ISSUANCE OF BONDS
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1.
SECTION 2.
The public interest and convenience require, and it is the intention of
this body, pursuant to the provisions of Division 12 of the Streets and
Highways Code of the State of California (the "Municipal Improvement
Act 1913"). except where expressly modified or amended by the p1:ovi-
sions of the City of chu!a Vista Special Asse~sment Procedural
Ordinance No. 2397, to order the acquisition of certain public improve-
ments, together with appurtenances and appurtenant work, in a special
assessment district known and designated as ASSESSMENT DISTRICT NO.
90-3 (EASTLAKE GREENS, PHASE I) (hereinafter referred to as the "Assess-
ment District").
DESCRIPTION OF IMPROVEMENTS
The improvements to be acquired and financed under these proceedings
are generally described as street improvements consisting of grading,
base, paving, curb, gutter, sidewalk, street lighting and landscaping,
utilities and underground improvements consisting of water facilities,
sanitary sewers, storm drains, irrigation facilities and utility facili-
tieB, together with appurtenanceB and appurtenant work, to serve and
benefit properties located within the boundarieB of the Assessment
District.
DESCRIPTION OF ASSESSMENT DISTRICT
That said improvements and work to be acquired are of direct benefit to
the properties and land within the Assessment District, and this legis-
lative body hereby makes the expenl:leEl of said work, improvementB ano
acquisition chargeable upon a district, which said Assessment District
is hereby declared to be the Assespment District benefited by said work
and improvements and to be assessed to pay the costs and expenses
thereof, including incidental expenses and costs and which is described
"s follows:
All that certain territory in the District included within the exterior
boundary lines shown on the plat exhibiting the property affected 01:
benefited by or to be assessed to pay the costs and expenses of said
acquisition in the Assessment District, sald map titled and identified
as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 90-3 (EASTLAKE
GREENS, PHASE I)". and .,hich map was heretofore approved and which said
map or diagram is on file with the transcript of these proceedings,
EXCEPTING therefrom the area shown within and delineated upon said map
4
SECTION 3.
or plat hereinabove referred to, the area of all public streete, public
avenues, public lanes, public roads, public drives, public courts,
public alleys, and all easements and rights-af-way therein contained
belonging to the public. For all particulars as to the boundaries of
the Assessment District, reference is hereby made to said boundary map
heretofore previously approved and on file.
REPORT OF ENGINEER
That this proposed acquisition is hereby referred to WILLDAN
ASSOCIATES, the duly appointed ASSESSMENT ENGINEER, who is hereby
directed to make and file a combined report as authorized by Section
2961 of the streets and Highways Code of the state of California, said
report to be in writing and contain the following:
A. Plans of the "as-built" improvements to be acquired;
B. An estimate of the cost of the acquisition of the "as-built" works
of improvement, including the cost of the incidental expenses in
connection therewith;
c. A diagram showing the Assessment District above referred to, which
ehall aleo show the boundaries and dimensions of the respective
subdivisions of land within said Assessment District, as the same
existed at the time of the passage of the Resolution of Intention,
each of which subdivisions shall be given a separate number upon
said Diagram;
D. A proposed assessment of the total amount of the assessable costs
and expenses of the proposed improvement upon the several divisions
of land in proportion to the estimated benefits to be received by
such subdivisions, respectively, from Baid acquisition of improve-
ments. Said assessment shall refer to such subdivisions upon said
diagram by the respective numbers thereof;
E. The descr ipt ion of the works of improvement to be acquired under
these proceedings;
F. The total amount, as near as may be determined, of the principal
sum of any unpaid special assessments previously levied or pending,
other than those contemplated in these proceedings.
G. The true value of the parcels of land and improvements which ar~
proposed to be assessl?d. Said true v2\lue may be '?stimated (\9 thl?
full cash value of the parcels as shown upon the last equalized
assessment roll of the County.
When any portion or percentage of th~ cost and expenses of the acquisi-
tion is to bp- paid from sources other than assessments, the amount of
such portion or percentage shall first be deducteod from the total
estimated coste and expenses of said acquisition, and said assessment
shall include only the remainder of the estimated costs and expenses.
Said assessment shall refer to said ~ubdivisions by their respective
numbers as assigned pursuant to Subsection D. of this Section.
5
SECTION 4.
SECTION 5.
SECTION 6.
BONDS
Notice is hereby given that bonds to represent the unpaid assessments,
and bear interest at the rate of not to exceed the current legal
maximum rate of 12% per annum, will be issued hereunder in the manner
provided in the "Improvement Bond Act of 1915", being Division 10 of
the Streets and Highways Code of the State of California, which 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 said Act, providing an
alternative procedure for the advance payment of assessments and the
calling of bonds shall apply.
The principal amount of the
than an amount equal to an
principal of the bonds, and
year, plUB the amount of
generally an aggregate amount
first year's adjustment.
bonds maturing each year shall be other
even annual proportion of the aggregatl?
the amount of principal maturing in each
interest payable in that year. will bE'
that is equal each year, except for the
Pursuant to the provisions of the Streets and Highways Code of the
state of California, specifically Section 10603, the Treasurer is
hereby designated as the officer to collect and receive the assessments
during the cash collection period. Said bonds further shall be
serviced by the Treasurer or designated Paying Agent.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
That except as herein otherwise provid~d for the issuance of bonds, all
af said acquisition shall be made and ordered pursuant to the prav i-
sione of the "Municipal Improvement Act of 1913", being Division 12 of
the Streets and Highways Code of the State of California, and applic-
able Sections of the City of Chu1a Vista Special Assessment Procedural
Ordinance No. 2397.
SURPLUS FUNDS
That if any excess shall be realized from the assessment, it shall be
used, in such amounts as the legislative body may determine, in accor-
dance with the provisions of law for one or more of the following
purposes:
A. Transfer to the general fund; provided that the amount of any such
transfer shall not exceed the lesser of One Thousand Dollars
($1,000.00) or five percent (5~) ~f the total fr~m the Improvement
Fund;
B. As a credit upon the assessment and any supplemental assessment; or
c. For the maintenance of the improvement.
6
SPECIAL FUND
SECTION 7.
The legislative body hereby establiehes a special improvement fund
identified and designated by the name of this Assessment District, and
into said Fund monies may be transferred at any time to expedite the
making of the acquisition herein authorized, and any such advancement
of funds is a loan and shall be repaid out of the proceeds of the sale
of bonds as authorized by law.
PROCEEDINGS INQUIRIES
SECTION B.
For any and all information relating to these proceedings, including
information relating to protest procedure, your attention is directed to
the person designated below:
JOHN LIPPITT, PUBLIC WORKS DIRECTOR
CITY OF CHULA VISTA
P. o. BOX 1087
CHULA VISTA. CA 92012
TELEPHONE: (619) 691-5021
PUBLIC PROPERTY
SECTION 9.
All public property in the use and performance of a public function
shall be omitted from assessment in these proceedings unless expressly
provided and listed herein.
ACQUISITION
SECTION 10. That the public interest and convenience and the statute authorizes the
acquisition of those improvements as described in this Resolution, and
said improvements are in existence and have been installed in place
prior to the date of adoption of this Resolution. For a general descrip-
t ion of the works of improvement, reference is made to the previously
approved Acquisition/Financing Agreement, as approved by this legisla-
tive body, a copy of which is on file with the transcript of these
proceedings.
NO CITY LIABILITY
SECTION 11. This legislative body hereby furth~r declares not to obligate itself to
advance available funds from the Treasury to cure any deficiency which
may occur in the bond red..mption fund. This determination is made
pursuant to the authority of Section 8769(b) of the Streets and Highways
Code of the State of California, and ~~id determination shall furth~r b~
set forth in the text of the bonds is~ued pursuant to the "Improvemellt
Bond Act of 1915".
DIVISION 4 PROCEEDINGS
SECTION 12. That this legislative body is in compliance with the provisions of
Division 4 of the Streets and Highways Code of tIle State of California,
and compliance has been met as follows:
7
A. 60% petition signed by property owners has been filed with the
legislative body.
B. Combined Engineer's "Report" ae authoriz.ed by Section 2961 will
be filed and be a part of these proceedings.
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 13. It is hereby declared that this legislative body proposes to levy an
annual assessment pursuant to Section 10204 of the streets and Highways
Code of the State of California, said annual assessment to pay costs
incurred by the city and not otherwise reimbursed which result from the
administration and collection of assessments or from the administration
or registration of any associated bonds and reserve of other related
funds.
UTILITY IMPROVEMENTS
SECTION 14. This legislative body further proposes to enter into an Agreements with
the following listed agencies and/or regulated utility companies, said
Agreements setting forth certain terms and conditions relating to the
ownership, management and control of certain utility improvements:
A. SAN DIEGO GAS & ELECTRIC CO. - Gas and electrical facilities
B. PACIFIC BELL - Telephone facilities
C. OTAY WATER DISTRICT - Water facilities
A copy of each Agreement shall be, upon approval, on file in the Office
of the City Clerk
APPROVED and ADOPTED this
day of
, 1990.
MIIYOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST:
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
8
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, BEVERLY A. AUTHELET, CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY
CERTIFY that the foregoing Resolution, being Resolution No. , was duly
passed, approved and adopted by the City Council, approved and signed by the Mayor,
and attested by the City Clerk, all at the meeting of said City Council
held on the day of 1990, and that the same was
passed and adopted by the following vote:
AYES:
COUNCIL MEMBERS
NOES:
COUNCIL MEMBERS
ABSENT:
COUNCIL MEMBERS
ABSTAIN:
COUNCIL MEMBERS
EXECUTED this _____ day of
[SEAL]
, 1990, at Chula Vista, California.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
9
SECTION D
ENGINEER'S REPORT
PURSUANT TO THE PROVISIONS
OF SECTION 10204 OF
THE STREETS AND HIGHWAYS CODE
AND THE CITY OF CHULA VISTA
PROCEDURAL ORDINANCE NO. 2397
Pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division
12 of the Streets and Highways Code of the State of California and the City of ChuIa Vista,
Procedural Ordinance No. 2397, and in accordance with the Resolution of Intention No.
15973 , adopted by the City Council of the
CITY OF CHULA VISTA
(hereinafter referred to as the "CITY"), in connection with the proceedings for
ASSESSMENT DISTRICT NO. 90-3
(EASTLAKE GREENS PHASE I)
(hereinafter referred to as the "Assessment District"), I, John P. Lippitt submit herewith
the Report for the Assessment District, consisting of six (6) parts as follows:
PART I
Plans and specifications for the improvements to be acquired are filed herewith and made
a part hereof. Said plans and specifications are on file in the Offices of the City Clerk and
the Superintendent of Streets.
PART II
The estimated cost of the improvements to be acquired, including incidental costs and
expenses in connection therewith, is set forth on the lists thereof, attached hereto, and are
on file in the Office of the City Clerk.
PART III
A proposed assessment of the total amount of the costs and expenses of the improvements
upon the several subdivisions of land within the assessment district, in proportion to the
estimated benefits to be received by such subdivisions, from said improvements, is set forth
upon the assessment roll filed herewith and made a part hereof.
JS5'JANEn04OOO.X'June 20, 1991
10
PART IV
A Diagram showing the assessment district and the boundaries of the subdivision of land
within said assessment district, as the same existed at the time of the passage of the
Resolution of Intention is filed herewith and made a part hereof.
PART V
Description of the work for the improvements are filed herewith and made a part hereof.
Description of ail rights-of-way, easements and lands to be acquired, if necessary, is set
forth on the lists thereof and are on file in the Office of the City Clerk.
PART VI
The Assessment Engineer's Certificate stating that the right-of-way associated with the
improvements to be acquired by the City will be transferred to the City by easement or
other means.
This Preliminary Report dated this _ day of
,1990.
John P. Lippitt
Superintendent of Streets
City of Chula Vista
This Final Report dated this _ day of
, 1991.
John P. Lippitt
Superintendent of Streets
City of Chula Vista
JS5VANET1()4(X)(),XVune 20. 1991
II
PART I
PLANS AND SPECIFICATIONS
ASSESSMENT DISTRICT NO. 90-3
Plans and specifications for the improvements to be acquired are filed herewith and made
a part hereof. Pursuant to the provisions of the City of Chula Vista Procedural Ordinance
No. 2397, said plans and specifications shall be on file in the offices of the City Clerk and
the Superintendent of Streets.
JS5VANETlO4OfXJ.XVune 20, 1991
12
PART II
IMPROVEMENT COSTS AND EXPENSES
ASSESSMENT DISTRICT NO. 90-3
Preliminary Confirmed Modified
A. ACQUISITION CONSTRUCTION COSTS
Water System 980 $ 1,684,921 $ 1,684,921 $ 1,559,071
Water System 710 1,426,751 1,426,751 1,320,184
Waste Water 2,032,996 2,032,996 1.881,148
Street, Storm Drain & Landscaping 4,947,466 4,947,466 4,577,932
Reclaimed Water 975,861 975,861 902,972
Dry Utilities 1,173,014 1,173,014 1,085,399
DIF Streets 5,101,950 5,101,950 4,720,876
Subtotal $ 17,342,959 $ 17,342,959 $ 16,047,582
B. INCIDENTALS (See Next Page) $ 6,842,893 $ 6,842,893 $ 6,304,845
C. TOTAL PROJECT COST $ 24,185,852 $ 24,185,852 $ 22,352,427
Note: The above costs are estimates, and actual costs may differ. However,
reimbursement shall not exceed the above costs.
JS5VANETl04()()().XVune 25, 1991
13
PART II (Continued)
Preliminary Confinned Modified
INCIDENTAL EXPENSES
I. Project Management $ 40,000 $ 40,000 $ 40,000
2. Assessment Engineering 70,000 70,000 70,000
3. Design Engineering 1,367,000 1,367,000 1,264,896
4. Construction Supervision 70,000 70,000 64,772
5. Bond Counsel 62,732 62,732 60,441
6. Financial Consultant 35,000 35,000 35,000
7. Landscape Design 320,000 320,000 296,099
8. Utility Engineering 50,000 50,000 46,265
9. Plan Check & Inspection Fees 600,000 600,000 555,185
10. Public Agency Project Management 350,000 35,000 169,027
II. Surveying & Staking 336,000 336,000 310,904
12. Special Studies Engineering 300,000 300,000 277 ,592
13. Soils Engineering 164,000 164,000 151,751
14. Printing, Advertising, Posting of Public 4,000 4,000 4,000
Hearing Notices
15. Bond Printing, Servicing, & Registration 10,000 10,000 10,000
16. Sewer & Water Engineering 235,000 235,000 217,447
17. Capitalized Interest ~ 241.859 49 .175
Subtotal Incidentals $ 3,698,732 $ 3,940,591 $ 3,622,554
18. Bond Discount (3 % )(2 %)* 725,576 483,717 447,049
19. Reserve Fund (10%) (See Next Page) 2.418.585 2.418.585 2.235.242
TOTAL INCIDENTAL EXPENSES $ 6,842,893 $ 6,842,893 $ 6,304,845
Note:
The above costs are estimates, and actual costs may differ. However,
reimbursement shall not exceed the above costs.
* Bond discount is calculated at 3 % for preliminary expense and at 2 % for confirmed and
modified expense.
JS5VANEn04fXJO.XVune 25, 199]
14
PART II (Continued)
CALCULATION OF BOND DISCOUNT AND RESERVE FUND
Preliminarv Confirmed Modified
A. ACQUISITION CONSTRucnON COST $ 17.342.959 $ 17.342.959 $ 16.047,582
B. INCIDENTAL SUBTOTAL WITHOUT BOND
DISCOUNT AND RESERVE FUND 3.698.732 3.940.591 3 .622.554
Subtotal $ 21.041,691 $ 21,283,550 $ 19,670,136
Bond Discount (3 % )(2 %)* 725,576 483.717 447,049
Reserve fund (10 % ) 2.418.585 2.418.585 2.235.242
Total Discount and Reserve fund 3,114,161 2,902,302 2,682,291
TOTAL TO ASSESSMENT $ 24,185,852 $ 24,185,852 $ 22,352,427
Note:
The above costs are estimates, and actual costs may differ. However,
reimbursement shall not exceed the above costs.
* Bond discount is calculated al 3% for preliminary expense and at 2% for confirmed and
modified expense.
JS5VANETlO4(X)().XVune 26, 1991
15
PART III
ASSESSMENT ROLL
ASSESSMENT DISTRICT NO. 90-3
PART III (a)
SUBMITTAL
MUNICIPAL IMPROVEMENT ACT OF 1913,
DIVISION 12 OF THE STREETS AND HIGHWAYS CODES
OF THE STATE OF CALIFORNIA,
AND THE CITY OF CHULA VISTA,
PROCEDURAL ORDINANCE NO. 2397
WHEREAS, on November 6, 1990, the City Council did, pursuant to the provisions of the
"Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways
Code of the State of California and the City of Chula Vista Procedural Ordinance No.
2397, adopt Resolution of Intention No. 15973 for the acquisition of certain public
improvements, together with appurtenances and appurtenant work in connection therewith
in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 90-3
EASTLAKE GREENS PHASE I
(Hereinafter referred to as the "Assessment District"); and,
WHEREAS, said Resolution of Intention, as required by law, did direct the appointed
Superintendent of Streets to make and file a report consisting of the following:
I) Plans and specifications;
2) Estimated cost of improvements;
3) A proposed assessment of the costs and expenses of the works of improvement
levied upon the parcels and lots of land within the boundaries of the assessment
district;
4) Assessment diagram showing the assessment district and the subdivisions of
land contained herein;
5) A description of the public improvements to be acquired;
For particulars, reference is made to the Resolution of Intention as adopted by the City
Council.
JSSVANEn04OOO.XVune 20, 1991
16
NOW THEREFORE, I, John P. Lippitt, as appointed Superintendent of Streets, and
pursuant to the "Municipal Improvement Act of 1913" and the City of Chula Vista
Procedural Ordinance No. 2397, do herein submit the following:
1. I, pursuant to the provisions of law and the Resolution ofIntention, have assessed the
costs and expenses of the works of improvement to be performed in the Assessment
District upon the parcels of land in the Assessment District benefitted thereby in
direct proportion and relation to the estimated benefits to be received by each of said
parcels. For particulars of the identification of said parcels, reference is made to the
Assessment Diagram.
2. As required by law, a Diagram is herein included, showing the Assessment District
as well as the boundaries of the respective parcels and subdivisions of land within
said district as the same existed at the time of the passage of said Resolution of
Intention, each of which subdivisions of land or parcels or lots respectively have been
given a separate number upon said Diagram and in said Assessment Roll.
3. The subdivisions and parcels of land and the numbers therein as shown on the
respective Assessments Diagram as included herein correspond with the numbers as
appearing on the Assessment Roll as contained herein.
4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division
10 of the Streets and Highways Code of the State of California (the "Improvement
Bond Act of 1915"), to represent all unpaid assessments, and the last installment of
said bonds shall mature a maximum of TWENTY-FOUR (24) YEARS from the 2nd
day of September next succeeding twelve (12) months from their date. Said bonds
shall bear interest at a rate not to exceed the current legal maximum rate of 12 % per
annum.
5. By virtue of the authority contained in said "Municipal Improvement Act of 1913",
and the City of Chula Vista Procedural Ordinance No. 2397 and by further direction
and order of the City Council, I hereby make the following assessment to cover the
costs and expenses of the works of improvement for the Assessment District based
on the costs and expenses set forth as follows:
Acquisition Construction Costs
Incidental Costs & Expenses
Amount to Assessment
.Preliminarv
I7 .342.959
6.842.893
24.185.852
Confirmed
17,342,959
6,842,893
24,185,852
Modified
16,047,582
6,304,845
22,352,427
For particulars as to the individual assessments and their descriptions, reference is
made to the Assessment Roll attached hereto.
6. In addition to or as a part of the assessment lien levied against each parcel of land
within the Assessment District, each parcel of land shall also be subject to an annual
assessment to pay costs incurred by the City and not otherwise reimbursed which
JS5VANEn040(jo.XVune 25.1991
17
result from the administration and collection of assessments or from the administra-
tion or registration of any bonds and/or reserve or other related funds. The
maximum amount of such annual assessment upon each such parcel of land shall not
exceed 5 % of the amount of the annual assessment installment.
7. All costs and expenses of the works of improvement have been assessed to all parcels
of land within the Assessment District in a manner which is more clearly defined in
the "Method and Formula of Assessment Spread", which is a part of this Assessment
Roll.
The preliminary report dated:
,1990 By:
John P. Lippitt
Superintendent of Streets
City of Chula Vista
State of California
The final report dated:
,1991 By:
John P. Lippitt
Superintendent of Streets
City of Chula Vista
State of California
JS5lJANETlO4OOO.XlJune 20, 1991
18
lS5VANEn04/XXJ.XVune 20, 1991
PART III (b)
ASSESSMENTS PER APN
19
ASSESSMENT APN PRELIMINARY CONFIRMED MODIFIED
fI ASSESSMENT ASSESSMENT ASSESSMENT
1 595-321-03 356,033 see usessmenl fI's 335-397
2 595-32H)6 629,855 see assessment fI's 398-487
3 595-321-08 947,277 see assessment fI's 177-322
4 595-320-05 596,021 622,075 586,113.15
5 595-32H)4 1,615,203 see usessmenl fI's 323-334
6 595-321-10 880,541 914,248 859,142.15
7 595-32O-<l6 234,169 255,224 238,446.78
8 595-320-10 183,859 221,098 204,320.78
9 595-321-11 5,444,296 5,296,397 4,937,160.15
10 595-320-09 135,722 130,282 121,185.83
11 595-320-07
11 595-321-02
11 595-321-05 1,006,389 967,781 911,220.04
12 595-330-01 6,700 7,130 6,686.36
13 595-330-02 6,700 7,130 6,686.36
14 595-330-03 6,700 7,130 6,686.36
15 595-330-04 6,700 7,130 6,686.36
16 595-330-05 6,700 7,130 6,686.36
17 595-330-06 6,700 7,130 6,686.36
18 595-330-07 6,700 7,130 6,686.36
19 595-330-08 6,700 7,130 6,686.36
20 595-330-09 6,700 7,130 6,686.36
21 595-330-10 6,700 7,130 6,686.36
22 595-330-11 6,700 7,130 6,686.36
23 595-330-12 6,700 7,130 6,686.36
24 595-330-13 6,700 7,130 6,686.36
15 595-330-14 6,700 7,130 6,686.36
26 595-330-15 6,700 7,130 6,686.36
27 595-331-01 6,700 7,130 6,686.36
28 595-331-02 6,700 7,130 6,686.36
29 595-331-03 6,700 7,130 6,686.36
30 595-331-04 6,700 7,130 6,686.36
31 595-331-05 6,700 7,130 6,686.36
32 595-331-06 6,700 7,130 6,686.36
33 595-331-07 6,700 7,130 6,686.36
34 595-331-08 6,700 7,130 6,686.36
35 595-331-09 6,700 7,130 6,686.36
36 595-331-10 6,700 7,130 6,686.36
37 595-331-11 6,700 7,130 6,686.36
38 595-331-12 6,700 7,130 6,686.36
39 595-331-13 6,700 7,130 6,686.36
40 595-331-14 6,700 7,130 6,686.36
41 595-331-15 6,700 7,130 6,686.36
42 595-331-16 6,700 7,130 6,686.36
43 595-331-17 6,700 7,130 6,686.36
44 595-331-18 6,700 7,130 6,686.36
45 595-331-19 6,700 7,130 6,686.36
46 595-331-20 6,700 7,130 6,686.36
ASSESSMENT APN PRELIMINARY CONFIRMED MODIFIED
# ASSESSMENT ASSESSMENT ASSESSMENT
47 595-331-21 6,700 7,130 6,686.36
48 595-331-22 6,700 7,130 6,686.36
49 595-331-23 6,700 7,130 6,686.35
50 595-331-24 6,700 7,130 6,686.35
51 595-331-25 6,700 7,130 6,686.35
52 595-331-26 6,700 7,130 6,686.35
53 595-331-27 6,700 7,130 6,686.35
54 595-331-28 6,700 7,130 6,686.35
55 595-331-29 6,700 7,130 6,686.35
56 595-331-30 6,700 7,130 6,686.35
57 595-331-31 6,700 7,130 6,686.35
58 595-331-32 6,700 7,130 6,686.35
59 595-331-33 6,700 7,130 6,686.35
60 595-331-34 6,700 7,130 6,686.35
61 595-331-35 6,700 7,130 6,686.35
62 595-331-36 6,700 7,130 6,686.35
63 595-331-37 6,700 7,130 6,686.35
64 595-331-38 6,700 7,130 6,686.35
6S 595-331-39 6,700 7,130 6,686.35
66 595-331-40 6,700 7,130 6,686.35
67 595-331-41 6,700 7,130 6,686.35
68 595-331-42 6,700 7,130 6,686.35
69 595-331-43 6,700 7,130 6,686.35
70 595-331-44 6,700 7,130 6,686.35
71 595-331-45 6,700 7,130 6,686.35
72 595-331-46 6,700 7,130 6,686.35
73 595-331-47 6,700 7,130 6,686.35
74 595-331-48 6,700 7,130 6,686.35
75 595-331-49 6,700 7,130 6,686.35
76 595-331-50 6,700 7,130 6,686.35
77 595-331-51 6,700 7,130 6,686.35
78 595-331-52 6,700 7,130 6,686.35
79 595-331-53 6,700 7,130 6,686.35
80 595-331-54 6,700 7,130 6,686.35
81 595-331-55 6,700 7,130 6,686.35
82 595-331-56 6,700 7,130 6,686.35
83 595-331-57 6,700 7,130 6,686.35
84 595-331-58 6,700 7,130 6,686.35
85 595-330-16 6,700 7,130 6,686.35
86 595-330-17 6,700 7,130 6,686.35
87 595-330-18 6,700 7,130 6,686.35
88 595-330-19 6,700 7,130 6,686.35
89 595-330-20 6,700 7,130 6,686.35
90 595-330-21 6,700 7,130 6,686.35
91 595-330-22 6,700 7,130 6,686.35
92 595-330-23 6,700 7,130 6,686.35
93 595-330-24 6,700 7,130 6,686.35
94 595-330-25 6,700 7,130 6,686.35
95 595-330-26 6,700 7,130 6,686.35
96 595-330-27 6,700 7,130 6,686.35
ASSESSMENT APN PRELIMINARY CONFIRMED MODIFIED
, ASSESSMENT ASSESSMENT ASSESSMENT
97 595-330-28 6,700 7,130 6,686.35
98 595-330-29 6,700 7,130 6,686.35
99 595-330-30 6,700 7,130 6,686.35
100 595-330-31 6,700 7,130 6,686.35
101 595-330-32 6,700 7,130 6,686.35
102 595-330-33 6,700 7,130 6,686.35
103 595-330-34 6,700 7,130 6,686.35.
104 595-330-35 6,700 7,130 6,686.35
105 595-330-36 6,700 7,130 6,686.35
106 595-330-37 6,700 7,130 6,686.35
107 595-330-38 6,700 7,130 6,686.35
108 595-330-39 6,700 7,130 6,686.35
109 595-330-40 6,700 7,130 6,686.35
110 595-330-41 6,700 7,130 6,686.35
111 595-330-42 6,700 7,130 6,686.35
112 595-330-43 6,700 7,130 6,686.35
113 595-330-44 6,700 7,130 6,686.35
114 595-330-45 6,700 7,130 6,686.35
115 595-330-46 6,700 7,130 6,686.35
116 595-330-47 6,700 7,130 6,686.35
117 595-330-48 0 0 0.00
118 595-330-49 0 0 0.00
119 595-330-50 0 0 0.00
120 595-321-26 47,442 49,316 46,333.26
121 595-321-27 171,979 178,770 167,958.08
122 595-321-28 219,421 228,086 214,291.34
123 595-321-29 183,839 191,099 179,541.39
124 595-321-30 0 129,454 185,333.05
125 595-321-31 189,770 197,264 121,624.81
126 595-321-32 124,536 0 0.00
127 595-321-33 0 0 0.00
128 595-340-01 6,346 6,890 6,446.25
129 595-340-02 6,346 6,890 6,446.25
130 595-340-03 6,346 6,890 6,446.25
131 595-340-04 6,346 6,890 6,446.25
132 595-340-05 6,346 6,890 6,446.25
133 595-340-06 6,346 6,890 6,446.25
134 595-340-07 6,346 6,890 6,446.25
135 595-340-08 6,346 6,890 6,446.25
136 595-340-09 6,346 6,890 6,446.25
137 595-341-01 6,346 6,890 6,446.25
138 595-341-02 6,346 6,890 6,446.25
139 595-341-03 6,346 6,890 6,446.25
140 595-341-04 6,346 6,890 6,446.26
141 595-341-05 6,346 6,890 6,446.26
142 595-341-06 6,346 6,890 6,446.26
143 595-341-07 6,346 6,890 6,446.26
144 595-341-08 6,346 6,890 6,446.26
145 595-341-09 6,346 6,890 6,446.26
146 595-341-10 6,346 6,890 6,446.26
ASSESSMENT APN PRELIMINARY CONFIRMED MODIFIED
, ASSESSMENT ASSESSMENT ASSESSMENT
147 595-341-11 6,346 6,890 6,446.26
148 595-341-12 6,346 6,890 6,446.26
149 S9S-341-13 6,346 6,890 6,446.26
150 595-341-14 6,346 6,890 6,446.26
151 595-341-15 6,346 6,890 6,446.26
152 S9S-341-16 6,346 6,890 6,446.26
153 S9S-341-17 6,346 6,890 6,446.26
154 S9S-341-18 6,346 6,890 6,446.26
155 595-341-19 6,346 6,890 6,446.26
IS6 595-341-20 6,346 6,890 6,446.26
157 595-341-21 6,346 6,890 6,446.26
158 595-341-22 6,346 6,890 6,446.26
159 595-340-10 6,346 6,890 6,446.26
160 S9S- 340-11 6,346 6,890 6,446.26
161 595-340-12 6,346 6,890 6,446.26
162 595-340-13 6,346 6,890 6,446.26
163 S9S-340-14 6,346 6,890 6,446.26
164 595-340-15 6,346 6,890 6,446.26
165 S9S-340-16 6,346 6,890 6,446.26
166 595-340-17 6,346 6,890 6,446.26
167 S95-340-18 6,346 6,890 6,446.26
168 S95-340-19 0 0 0.00
169 595-050-17
169 595-080-05
169 595-080-13
169 S95-080-14
169 595-080-20
169 595-080-21
169 595-Q90-01
169 595-090-09
169 S95-090-10
169 643-020-19
169 643-020-20
169 643-030-04
169 643-030-06
169 643-040-05
169 643-040-06 10,252,158 8,167,381 7,346,189.13
170 595-320-02 0 0 0
171 59S- 320-03 0 0 0
172 595-320-04 0 0 0
173 595-320-08 0 0 0
174 59S-321-o7 0 0 0
175 595-320-12 0 see assessment "s 488-584
176 643-040-07 0 1,146,759 I,OS8,391.50
177 595-360-01 0 7,095 6,650.63
178 595-360-02 0 7,095 6,650.63
179 595-360-03 0 7,095 6,6S0.63
180 595-360-04 0 7,095 6,650.63
ASSESSMENT APN PRELIMINARY CONFIRMED MODIFIED
, ASSESSMENT ASSESSMENT ASSESSMENT
181 595-36CHl5 0 7,095 6,650.63
182 595-36CHl6 0 7,095 6,650.63
183 595-361-01 0 7,095 6,650.63
184 595-361-02 0 7,095 6,650.63
185 595-361-03 0 7,095 6,650.63
186 595-361-04 0 7,095 6,650.63
187 595-361-05 0 7,095 6,650.63
188 595-361-<)6 0 7,095 6,650.63
189 595-361-07 0 7,095 6,650.63
190 595-361-08 0 7,095 6,650.63
191 595-361-09 0 7,095 6,650.63
192 595-361-10 0 7,095 6,650.63
193 595-361-11 0 7,095 6,650.63
194 595-361-12 0 7,095 6,650.63
195 595-361-13 0 7,095 6,650.63
196 595-361-14 0 7,095 6,650.63
197 595-361-15 0 7,095 6,650.63
198 595-361-16 0 7,095 6,650.63
199 595-361-17 0 7,095 6,650.63
200 595-361-18 0 7,095 6,650.63
201 595-361-19 0 7,095 6,650.63
202 595-361-20 0 7,095 6,650.63
203 595-361-21 0 7,095 6,650.63
204 595-361-22 0 7,095 6,650.63
205 595-361-23 0 7,095 6,650.63
206 595-361-24 0 7,095 6,650.63
207 595-361-25 0 7,095 6,650.63
208 595-361-26 0 7,095 6,650.63
209 595-361-27 0 7,095 6,650.63
210 595-361-28 0 7,095 6,650.63
211 595-361-29 0 7,095 6,650.63
212 595-361-30 0 7,095 6,650.63
213 595-361-31 0 7,095 6,650.63
214 595-361-32 0 7,095 6,650.63
215 595-361-33 0 7,095 6,650.63
216 595-361-34 0 7,095 6,650.63
217 595-361-35 0 7,095 6,650.63
218 595-361-36 0 7,095 6,650.63
219 595-361-37 0 7,095 6,650.63
220 595-361-38 0 7,095 6,650.63
221 595-361-39 0 7,095 6,650.63
222 595-361-40 0 7,095 6,650.63
223 595-361-41 0 7,095 6,650.63
224 595-361-42 0 7,095 6,650.63
22S 595-36CHl7 0 7,095 6,650.63
226 595-36CHl8 0 7,095 6,650.63
227 595-360-09 0 7,095 6,650.63
228 595-360-10 0 7,095 6,650.63
229 595-360-11 0 7,095 6,650.63
230 595-360-12 0 7,095 6,650.63
ASSESSMENT APN PRELIMJNARY CONFIRMED MODIFIED
, ASSESSMENT ASSESSMENT ASSESSMENT
231 S9S- 360-13 0 7,09S 6,6S0.63
232 S9S-360-14 0 7,09S 6,6S0.63
233 S9S-360-1S 0 7,09S 6,6S0.63
234 S9S-360-16 0 7,09S 6,6S0.63
23S S9S-360-17 0 7,09S 6,6S0.63
236 S9S-360-18 0 7,09S 6,6S0.63
237 S9S-360-19 0 7,09S 6,6S0.63
238 S9S-360-20 0 7,09S 6,6S0.63
239 S9S-360-21 0 7,09S 6,6S0.62
240 S9S-360-22 0 7,09S 6,6S0.62
241 S9S-360-23 0 7,09S 6,6S0.62
242 S9S-360-24 0 7,09S 6,6S0.62
243 S9S-360-2S 0 7,09S 6,6S0.62
244 S9S-360-26 0 7,09S 6,6S0.62
24S S9S-360-27 0 7,09S 6,6S0.62
246 S9S-360-28 0 7,09S 6,6S0.62
247 S9S-360-29 0 7,09S 6,6S0.62
248 S9S-360-30 0 7,09S 6,6S0.62
249 S9S-360-31 0 7,09S 6,6S0.62
2S0 S9S-360-32 0 7,09S 6,6S0.62
2S1 S9S-360-33 0 7,09S 6,6S0.62
2S2 S9S-360-34 0 7,09S 6,6S0.62
2S3 S9S-360-3S 0 7,09S 6,6S0.62
2S4 S9S-360-36 0 7,09S 6,6S0.62
2SS S9S-360-37 0 7,09S 6,6S0.62
2S6 S9S-360-38 0 7,09S 6,6S0.62
2S7 S9S-360-39 0 7,09S 6,6S0.62
2S8 S9S-360-40 0 7,09S 6,6S0.62
2S9 S9S-360-41 0 7,09S 6,6S0.62
260 S9S-360-42 0 7,09S 6,6S0.62
261 S9S-360-43 0 7,09S 6,6S0.62
262 S9S- 360-44 0 7,09S 6,6S0.62
263 S9S-360-4S 0 7,09S 6,6S0.62
264 S9S-360-46 0 7,09S 6,6S0.62
26S S9S-360-47 0 7,09S 6,6S0.62
266 S9S-360-48 0 7,09S 6,6S0.62
267 S9S-360-49 0 7,09S 6,6S0.62
268 S9S-360-S0 0 7,09S 6,6S0.62
269 S9S-360-S1 0 7,09S 6,6S0.62
270 S9S-360-S2 0 7,09S 6,6S0.62
271 S9S-360-S3 0 7,09S 6,6S0.62
272 S9S-361-43 0 7,09S 6,6S0.62
273 S9S-361-44 0 7,09S 6,6S0.62
274 S9S-361-4S 0 7,09S 6,6S0.62
27S S9S-361-46 0 7,09S 6,6S0.62
276 S9S-361-47 0 7,09S 6,6S0.62
277 S9S-361-48 0 7,09S 6,6S0.62
278 S9S-361-49 0 7,09S 6,6S0.62
279 S9S-361-S0 0 7,09S 6,6S0.62
280 S9S-361-S1 0 7,09S 6,6S0.62
ASSESSMENT APN PRELIMINARY CONFIRMED MODIFIED
, ASSESSMENT ASSESSMENT ASSESSMENT
281 595-361-52 0 7,095 6,650.62
282 595-361-53 0 7,095 6,650.62
283 595-361-54 0 7,095 6,650.62
284 595-361-55 0 7,095 6,650.62
285 595-361-56 0 7,095 6,650.62
286 595-361-57 0 7,095 6,650.62
287 595-361-58 0 7,095 6,650.62
288 595-361-59 0 7,095 6,650.62
289 595-361-60 0 7,095 6,650.62
290 595-361-61 0 7,095 6,650.62
291 595-361-62 0 7,095 6,650.62
292 595-361-63 0 7,095 6,650.62
293 595-361-64 0 7,095 6,650.62
294 595-361-65 0 7,095 6,650.62
295 595-361-66 0 7,095 6,650.62
296 595-361-67 0 7,095 6,650.62
297 595.-361-68 0 7,095 6,650.62
298 595-361-69 0 7,095 6,650.62
299 595-361-70 0 7,095 6,650.62
300 595-361-71 0 7,095 6,650.62
301 595-360-54 0 7,095 6,650.62
302 595-360-55 0 7,095 6,650.62
303 595-360-56 0 7,095 6,650.62
304 595-360-57 0 7,095 6,650.62
305 595-360-58 0 7,095 6,650.62
306 595-360-59 0 7,095 6,650.62
307 595-360-60 0 7,095 6,650.62
308 595-360-61 0 7,095 6,650.62
309 595-360-62 0 7,095 6,650.62
310 595-360-63 0 7,095 6,650.62
311 595-360-64 0 7,095 6,650.62
312 595-360-65 0 7,095 6,650.62
313 595-360-66 0 7,095 6,650.62
314 595-360-67 0 7,095 6,650.62
315 595-360-68 0 7,095 6,650.62
316 595-360-69 0 7,095 6,650.62
317 595-360-70 0 7,095 6,650.62
318 595-360-71 0 7,095 6,650.62
319 595-360-72 0 0 0
320 595-361-72 0 0 0
321 595-361-73 0 0 0
322 595-361-74 0 0 0
323 595-321-14 0 248,243 235,527.38
324 595-321-15 0 335,858 318,654.69
325 595-321-16 0 365,063 346,363.79
326 595-321-17 0 335,858 318,654.69
327 595-321-18 0 277 ,448 263,236.48
328 595-321-19 0 0 0
329 595-321-20 0 0 0
330 595-321-21 0 0 0
ASSESSMENT APN PRELIMINARY CONFIRMED MODIFIED
, ASSESSMENT ASSESSMENT ASSESSMENT
331 595-321-22 0 0 0
332 595-321-23 0 0 0
333 595-321-24 0 0 0
334 595-321-25 0 0 0
335 595-350-01 0 7,130 6,686.35
336 595-350-02 0 7,130 6,686.35
337 595-350-03 0 7,130 6,686.35
338 595-350-04 0 7,130 6,686.35
339 595-350-05 0 7,130 6,686.35
340 595-350-06 0 7,130 6,686.35
341 595-350-07 0 7,130 6,686.35
342 595-350-08 0 7,130 6,686.35
343 595- 35CHl9 0 7,130 6,686.35
344 595-350-10 0 7,130 6,686.35
345 595- 350-11 0 7,130 6,686.35
346 595-350-12 0 7,130 6,686.35
347 595-350-13 0 7,130 6,686.35
348 595-350-14 0 7,130 6,686.35
349 595-350-15 0 7,130 6,686.35
350 595-350-16 0 7,130 6,686.35
351 595-350-17 0 7,130 6,686.34
352 595-350-18 0 7,130 6,686.34
353 595-350-19 0 7,130 6,686.34
354 595-350-20 0 7,130 6,686.34
355 595-350-21 0 7,130 6,686.34
356 595-350-22 0 7,130 6,686.34
357 595-350-23 0 7,130 6,686.34
358 595-350-24 0 7,130 6,686.34
359 595-350-25 0 7,130 6,686.34
360 595-350-26 0 7,130 6,686.34
361 595-350-27 0 7,130 6,686.34
362 595-350-28 0 7,130 6,686.34
363 595-350-29 0 7,130 6,686.34
364 595-350-30 0 7,130 6,686.34
365 595-350-31 0 7,130 6,686.34
366 595-350-32 0 7,130 6,686.34
367 595-350-33 0 7,130 6,686.34
368 595-350-34 0 7,130 6,686.34
369 595-350-35 0 7,130 6,686.34
370 595-350-36 0 7,130 6,686.34
371 595-350-37 0 7,130 6,686.34
372 595-350-38 0 7,130 6,686.34
373 595-350-39 0 7,130 6,686.34
374 595-350-40 0 7,130 6,686.34
375 595-350-41 0 7,130 6,686.34
376 595-350-42 0 7,130 6,686.34
377 595-350-43 0 7,130 6,686.34
378 595-350-44 0 7,130 6,686.34
379 595-350-45 0 7,130 6,686.34
380 595-350-46 0 7,130 6,686.34
ASSESSMENT APN PRELIMINARY CONFIRMED MODIFIED
# ASSESSMENT ASSESSMENT ASSESSMENT
381 595-350-47 0 7,130 6,686.34
382 595-350-48 0 7,130 6,686.34
383 595-350-49 0 7,130 6,686.34
384 595-350-50 0 7,130 6,686.34
385 595-350-51 0 7,130 6,686.34
386 595-350-52 0 7,130 6,686.34
387 595-350-53 0 7,130 6,686.34
388 595-350-54 0 7,130 6,686.34
389 595-350-55 0 7,130 6,686.34
390 595-350-56 0 7,130 6,686.34
391 595-350-57 0 7,130 6,686.34
392 595-350-58 0 7,130 6,686.34
393 595-350-59 0 7,130 6,686.34
394 595-350-60 0 7,130 6,686.34
395 595-350-61 0 0 0
396 595-350-62 0 0 0
397 595-350-63 0 0 0
398 595-370-01 0 7,159.92 6,714.69
399 595-370-02 0 7,159.92 6,714.69
400 595-370-03 0 7,159.92 6,714.69
401 595-370-04 0 7,159.92 6,714.69
402 595-370-05 0 7,159.92 6,714.69
403 595-370-06 0 7,159.92 6,714.69
404 595-370-07 0 7,159.92 6,714.69
405 595-370-08 0 7,159.92 6,714.69
406 595-370-09 0 7,159.92 6,714.69
407 595-370-10 0 7,159.92 6,714.69
408 595-370-11 0 7,159.92 6,714.69
409 595-370-12 0 7,159.92 6,714.70
410 595-370- 13 0 7,159.92 6,714.70
411 595-370-14 0 7,159.92 6,714.70
412 595-370-15 0 7,159.92 6,714.70
413 595-370-16 0 7,159.92 6,714.70
414 595-370-17 0 7,159.92 6,714.70
415 595-370-18 0 7,159.92 6,714.70
416 595-370-19 0 7,159.92 6,714.70
417 595-370-20 0 7,159.92 6,714.70
418 595-370-21 0 7,159.92 6,714.70
419 595-370-22 0 7,159.92 6,714.70
420 595-370-23 0 7,159.92 6,714.70
421 595-370-24 0 7,159.92 6,714.70
422 595-370-25 0 7,159.92 6,714.70
423 595-370-26 0 7,159.92 6,714.70
424 595-370-27 0 7,159.92 6,714.70
425 595-370-28 0 7,159.92 6,714.70
426 595-370-29 0 7,159.92 6,714.70
427 595-370-30 0 7,159.92 6,714.70
428 595-370-31 0 7,132.60 6,687.38
429 595-370-32 0 7,132.60 6,687.38
430 595-370-33 0 7,132.60 6,687.38
ASSESSMENT APN PRELIMINARY CONFIRMED MODIFIED
, ASSESSMENT ASSESSMENT ASSESSMENT
431 595-370-34 0 7,132.60 6,687.38
432 595-370-35 0 7,159.92 6,714.70
433 595-370-36 0 7,159.92 6,714.70
434 595-370-37 0 7,159.92 6,714.70
435 595-370-38 0 7,159.92 6,714.70
436 595-370-39 0 7,159.92 6,714.70
437 595-370-40 0 7,159.92 6,714.70
438 595-370-41 0 7,159.92 6,714.70
439 595-370-42 0 7,159.92 6,714.70
440 595-370-43 0 7,159.92 6,714.70
441 595-370-44 0 7,159.92 6,714.70
442 595-370-45 0 7,159.92 6,714.70
443 595-370-46 0 7,159.92 6,714.70
444 595-370-47 0 7,159.92 6,714.70
445 595-370-48 0 7,159.92 6,714.70
446 595-370-49 0 0.00 0.00
447 595-370-50 0 0.00 0.00
448 595-370-51 0 0.00 0.00
449 595-371-01 0 7,132.60 6,687.38
450 595-371-02 0 7,132.60 6,687.38
451 595-371-03 0 7,132.60 6,687.38
452 595-371-04 0 7,132.60 6,687.38
453 595-371-05 0 7,132.60 6,687.38
454 595-371-06 0 7,132.60 6,687.38
455 595-371-07 0 7,132.59 6,687.38
456 595-371-08 0 7,132.59 6,687.38
457 595-371-09 0 7,132.59 6,687.38
458 595-371-10 0 7,132.59 6,687.38
459 595-371-11 0 7,132.59 6,687.38
460 595-371-12 0 7,132.59 6,687.38
461 595-371-13 0 7,132.59 6,687.38
462 595-371-14 0 7,132.59 6,687.38
463 595-371-15 0 7,132.59 6,687.38
464 595-371-16 0 7,132.59 6,687.38
465 595-371-17 0 7,132.59 6,687.38
466 595-371-18 0 7,132.59 6,687.38
467 595-371-19 0 7,132.59 6,687.38
468 595-371-20 0 7,132.59 6,687.38
469 595-371-21 0 7,132.59 6,687.38
470 595-371-22 0 7,132.59 6,687.38
471 595-371-23 0 7,132.59 6,687.38
472 595-371-24 0 7,132.59 6,687.38
473 595-371-25 0 7,132.59 6,687.38
474 595-371-26 0 7,132.59 6,687.38
475 595-371-27 0 7,132.59 6,687.38
476 595-371-28 0 7,132.59 6,687.38
477 595-371-29 0 7,132.59 6,687.38
478 595-371-30 0 7,132.59 6,687.38
479 595-371-31 0 7,132.59 6,687.38
480 595-371-32 0 7,132.59 6,687.38
ASSESSMENT APN PRELIMINARY CONFIRMED MODIFIED
, ASSESSMENT ASSESSMENT ASSESSMENT
481 595-371-33 0 7,132.59 6,687.38
482 595-371-34 0 7,132.59 6,687.38
483 595-371-35 0 7,132.60 6,687.38
484 595-371-36 0 7,132.60 6,687.38
485 595-371-37 0 7,132.60 6,687.38
486 595-371-38 0 7,132.60 6,687.38
487 595-371-39 0 7,132.60 6,687.38
488 643-090-01 0 8,821.56 8,377.59
489 643-090-02 0 8,821.56 8,377.59
490 643-090-03 0 8,821.56 8,377.59
491 643-090-04 0 8,821.56 8,377.59
492 643-090-05 0 8,821.56 8,377.59
493 643-090-06 0 8,821.56 8,377.59
494 643-090-07 0 8,821.56 8,377.59
495 643-090-08 0 8,821.56 8,377.59
496 643-09CHl9 0 8,821.56 8,377.59
497 643-090-10 0 8,821.56 8,377.59
498 643-090-11 0 8,821.56 8,377.59
499 643-090-12 0 8,821.56 8,377.59
500 643-090-13 0 8,821.56 8,377.59
501 643-090-14 0 8,821.56 8,377.59
502 643-090-15 0 8,821.56 8,377.59
503 643-090-16 0 8,821.56 8,377.59
504 643-090-17 0 8,821.56 8,377.59
505 643-090-18 0 8,821.56 8,377.59
506 643-090-19 0 8,821.56 8,377.59
507 643-090-20 0 8,821.56 8,377.59
508 643-090-21 0 8,821.56 8,377.58
509 643-090-22 0 8,821.56 8,377.58
510 643-090-23 0 8,821.56 8,377.58
511 643-090-24 0 8,821.56 8,377.58
512 643-090-25 0 8,821.56 8,377.58
513 643-090-26 0 8,821.56 8,377.58
514 643-090-27 0 8,821.56 8,377.58
515 643-090-28 0 8,821.56 8,377.58
516 643-090-29 0 8,821.56 8,377.58
517 643-090-30 0 8,821.56 8,377.58
518 643-090-31 0 8,821.56 8,377.58
519 643-090-32 0 8,821.56 8,377.58
520 643-090-33 0 8,821.56 8,377.58
521 643-090-34 0 8,821.56 8,377.58
522 643-090-35 0 8,821.56 8,377.58
523 643-090-36 0 8,821.56 8,377.58
524 643-090-37 0 8,821.56 8,377.58
525 643-090-38 0 8,821.56 8,377.58
526 643-090-39 0 8,821.56 8,377.58
527 643-090-40 0 8,821.56 8,377.58
528 643-090-41 0 8,821.56 8,377.58
529 643-090-42 0 8,821.56 8,377.58
530 643-090-43 0 8,821.56 8,377.58
ASSESSMENT APN PRELIMINARY CONFIRMED MODIFIED
, ASSESSMENT ASSESSMENT ASSESSMENT
531 643-090-44 0 8,821.56 8,377.58
532 643-090-45 0 8,821.S6 8,377.58
533 643-090-46 0 8,821.56 8,377.58
534 643-090-47 0 8,821.56 8,377 .58
535 643-090-48 0 8,821.56 8,377.58
536 643-090-49 0 0.00 0.00
537 643-091-01 0 8,821.56 8,377.58
538 643-091-02 0 8,821.56 8,377.58
539 643-091-03 0 8,821.56 8,377.58
S40 643-091-04 0 8,821.56 8,377.58
541 643-091-05 0 8,821.56 8,377.58
542 643-091-06 0 8,821.56 8,377.58
543 643-091-07 0 8,821.56 8,377.58
544 643-091-08 0 8,821.56 8,377.58
545 643-091-09 0 8,821.56 8,377 .58
546 643-091-10 0 8,821.S6 8,377.58
547 643-091-11 0 8,821.56 8,377.58
548 643-091-12 0 8,821.56 8,377.58
549 643-091-13 0 8,821.56 8,377.58
550 643-091-14 0 8,821.56 8,377.58
551 643-091-15 0 8,821.56 8,377.58
552 643-091-16 0 8,821.56 8,377.58
553 643-091-17 0 8,821.56 8,377.58
554 643-091-18 0 8,821.56 8,377.58
555 643-091-19 0 8,821.56 8,377.58
556 643-091-20 0 8,821.S6 8,377.58
557 643-091-21 0 8,821.56 8,377.58
558 643-091-22 0 8,821.56 8,377.58
559 643-091-23 0 8,821.56 8,377.58
560 643-091-24 0 8,821.56 8,377.58
561 643-091-25 0 8,821.57 8,377.58
562 643-091-26 0 8,821.57 8,377.58
563 643-091-27 0 8,821.57 8,377.58
564 643-091-28 0 8,821.57 8,377.58
565 643-091-29 0 8,821.57 8,377.58
566 643-091-30 0 8,821.57 8,377.58
567 643-091-31 0 8,821.57 8,377.58
568 643-091-32 0 8,821.57 8,377.58
569 643-091-33 0 8,821.57 8,377 .58
570 643-091-34 0 8,821.57 8,377 .58
571 643-091-35 . 0 8,821.57 8,377.58
572 643-091-36 0 8,821.57 8,377.58
573 643-091-37 0 8,821.57 8,377.58
574 643-091-38 0 8,821.57 8,377.58
575 643-091-39 0 8,821.57 8,377.58
576 643-091-40 0 8,821.57 8,377.58
577 643-091-41 0 8,821.57 8,377.58
578 643-091-42 0 8,821.57 8,377.58
579 643-091-43 0 8,821.57 8,377.58
580 643-091-44 0 8,821.57 8,377.58
ASSESSMENT APN PRELIMINARY CONFIRMED MODIFIED
, ASSESSMENT ASSESSMENT ASSESSMENT
581 643-091-45 0 8,821.57 8,377.58
582 643-091-46 0 8,821.57 8,377.58
583 643-091-47 0 8,821.57 8,377.58
584 643-091-48 0 8,821.57 8,377.58
24,185,852 22,352,427.00
PART III (c)
CERTIFICA TES
I, Beverly A. Authelet, as City Clerk, do hereby certify that the foregoing assessment,
together with the diagram attached thereto, was filed in my office on the day of
1991.
City Clerk
City of Chula Vista
State of California
I, Beverly A. Authe1et, as City Clerk, do hereby certify that the foregoing assessment,
together with the diagram attached thereto, was approved and confirmed by the City
Council of the City of Chula Vista on the _ day of 1991.
City Clerk
City of Chula Vista
State of California
I, John P. Lippitt, as Superintendent of Streets of said City, do hereby certify that the
foregoing assessments, together with the diagram attached thereto, was recorded in my
office on the day of 1991.
Superintendent of Streets
City of Chula Vista
State of California
JS5VANE1i04OOO.XVune 20, 1991
33
PART III Cd)
METHOD AND FORMULA OF ASSESSMENT SPREAD
The law requires and the statutes provide that assessments, as levied pursuant to the
provisions of the "Municipal Improvement Act of 1913", must be based on the benefit that
the properties receive from the works of improvement. The statute does not specify the
method or formula that should be used in any special assessment district proceedings. This
responsibility rests with the Assessment Engineer, who is retained for the purpose of
making an analysis of the facts in determining the correct apportionment of the assessment
obligation. For these proceedings, the City has retained the services ofWilldan Associates.
The Assessment Engineer makes his recommendation at the public hearing on the
Assessment District, and the final authority and action rests with the City Council after
hearing all testimony and evidence presented at the public hearing. Upon the conclusion
of the public hearing, the City Council must take the final action in determining whether
or not the assessment spread has been made in direct proportion to the benefits received.
First, it is necessary to identify the benefit that the public improvements will render to the
properties within the boundaries of the assessment district. The overall benefit derived by
the properties within the proposed boundary of the assessment district is the construction
of the public improvements which will enable the properties to develop. The public
improvements include a water system, a sewer system, a reclaimed waterline, dry utilities
and street improvements. The properties within the assessment district boundary are
currently undeveloped. Because of the interrelationship of the various public improvements
needed for future development, the assessment district funding and construction mechanism
is an efficient way to fund and construct the improvements.
Developments within the EastLake Development Company properties participating in the
costs of the improvements, in whole or in part, are the properties commonly referred to as
EastLake Greens, Trails, Woods, Vistas, Olympic Training Center, and Phase II of the
EastLake Business Center. Land uses in these areas include residential estate, residential
single family, residential condominium and residential multifamily units. Non-residential
uses include commercial, industrial, public, quasi-public and a golf course to be located in
the EastLake Greens.
Master facility plans/studies prepared by NBS Lowry for water, wastewater and reclaimed
water were used as a basis for the spread methodology developed herein. Use factors
established by the various studies were incorporated into the spread formula and reference
is hereby made to the appropriate study for a detailed analysis of the facility. Reference
is also made to the Assessment District Engineer's reports for Districts 85-2 and 86-1,
which previously funded similar facilities in the EastLake area.
JS5VANEn04OOO.XVune 20. 1991
34
A. Water System
The water facilities funded in Assessment District 90-3 are broken down into two
separate systems. The 710 pressure zone system will provide water service to the
Olympic Training Center whereas the 980 pressure zone system will provide service
to all other areas within the EastLake Development.
1. The 710 Pressure Zone System
The 710 system that will be funded in Assessment District 90-3 is indicated on
Exhibit 1. These facilities benefit the Olympic Training Center exclusively,
therefore the cost for these facilities is spread to the Olympic Training Center
only. Sizing of the 710 system was established by NBS Lowry in the Water
Subarea Master Plan, February 23, 1990. The system was designed for use by
both offsite sources and the Olympic Training Center. However, only the
minimum pipe sizes required by the EastLake Development alone are funded
in this assessment district.
Additional facilities are required in the 710 system in order to provide full
service to the Olympic Training Center. Any additional facilities are planned
to be funded through future assessment districts as the construction is planned
and completed.
JS5VANE1iQ4O(X).XVune 20, } 991
35
EXHffiIT 1
710 WATER SYSTEM
FUNDED IN AD. 90-3
,-
"
,
,
-
I
[0_
I
L-- ... ---
...
\
,
~ \
~
\ \
,
\
,
\
'\1
,/
LEGEND
1
Eastlake Parkway .. Otay Lakes Rd.
to SDG&E easement
2
Otay Lakes Road . Eastlake Parkway
to Hunte Parkway
3
Hunte Parkway Otay Lakes Rei.
to Orange Avenue
'\Xl WIT.T DAN ASSOCIATES
CONSULTING ENGINEERS AND PLANNERS
"" OREENWJCH DR... surm Z5O, SAN DIBGO. CA 92W <'19)457-1199
2. The 980 Pressure Zone Water System
The 980 water facilities to be acquired through Assessment District 90-3 are
shown in Exhibit 2. They will extend full water service to the Greens I Area
of the EastLake Development, as well as provide major trunk lines to the
remaining areas. The 980 water facilities to be acquired through Assessment
District 90-3 with their associated benefitting area are as follows:
Table I
Street Benefilling Area
1. EastLake Parkway Entire District
2. Clubhouse Drive* #2 Entire District
3. Clubhouse Drive* #3 Greens I and II
4. Greensgate Drive Entire District
5. Master Ridge Road Entire District
6. Otay Lakes Road Entire District
7. Hunte Parkway Entire District
8. Greensview Drive Entire District
*see Exhibit 2
The backbone water system, as seen in Exhibit 3, is the complete network of
water mains that will provide equivalent water access to the Greens, Woods,
Vistas, Trails and Business Center Phase II. In Assessment District 90-3 the
cost for this entire backbone system is spread to the benefitting properties by
a water demand factor (see Table 2). However, the entire backbone system is
not being constructed at the present time. The cost of the future facilities is
credited back by the same water demand factor to those areas which do not
receive 100% service. Those areas are Greens Phase II, Business Center Phase
II, Woods, Trails & Vistas. Greens Phase I is the only area that is receiving
100% service and is therefore the only area not receiving any credit.
This method of assessing and crediting back the costs of facilities not yet
constructed ensures that each parcel is assessed for its proportionate share of the
entire system.
JSSlJANETI{)4()()O.XVune 20, 1991
37
Table 2
Walee Demand Factors
Land Use EDU's
Residential, Single Family Detached 1.0/ du
Residential, Condominiums .8/ du
Residential, Apartments .7/ du
Retail 7.8/ acre
Commercial 5.6/ acre
Industrial 5.6/ acre
Church 2.0/ site
Clubhouse 7.8/ acre
Visitor's Center 7.8/ acre
Pipe sizes and water demand factors for the 980 system were taken from the NBS
Lowry Water Subarea Master Plan, February 23, 1990. The Black and Veatch Otay
Water District Benefit Analysis, April 16, 1990, was used in conjunction with the
NBS Lowry Report to determine the extent of oversizing in the system. Funding for
the 980 system through Assessment District 90-3 includes the installation cost of the
minimum sized pipe necessary to service the EastLake Development only.
JS5VANETlO4fXX).XVune 20, 1991
38
EXHffiIT 2
PORTION OF 900 WATER SYSTEM
FUNDED IN AD. 90-3
,
,-
,
"
-
I
L-- .. --
~ .
\
~
\ \ ,/
\
\
,
\
'\1
IEGEND
1 . Eastlake Parkway. Otay Lakes Road to SDG&E ~t
Z . Clubhouse Drive. Eastlake Parkway to GneDSv\ewDrlve
3 . Clubhouse Drive. GreeDSv\ew Drive to HUDteParll.wlly
4 . GreeDsgate Drive. GreeosvIeW Drive to Eastlake.ParlI.1riIy
5 Master Ridge Road. Greeuvtew Drive to Otay Lakes Road
6 . Otoy Lakes Road. Eastlake Parkway to Salt Creek
7 - HUDte Parkway - Otoy Lakes Road to Oraoae Avenue
8 . GreeDsview Drive -Clubhouse Drive to HUDte Parkway
\X7 WIT J .DAN ASSOCIATES
CONSULTING ENGINEERS AND PlANNERS
W3 ORI!DfWICH DR.. sum! zse. SAN DIBOO. CA 91122 (619)457-1199
EXHffiIT 3
"
LEGEND
BACKBONE 980 WAlER SYSlEM
ULTIMAlE SYSTEM
.,,',.'.'.._._._._ n_... '" . "',,.' __ ,,- _.,',',."
.,.".-,-.-.-,.-, _,-",_"_,_,,-,,,-._ _,.n,,_',_',_',"'" '_'_"__' ., __ __ ,',__,', .....n'.
"-..---. .: .-:.-.-,-,,-. ----,----:,."'-.:-(-.::. -- ,.-.- .:---:'-',..,--.:--.-,,-. .
._. . .... .d. ._'" ,..__ __, _ _ __ n_._ __
. ., - - -" --.- -- - - ""'" "".
., -., - "'.-., ..
.,-,,-.:..":-- -,.; .
.:_',__ '" . "--'",'.''' "'''.d.'.'.__ .'._n"----- n...-,- ..,_'. ,,__ _ _': ,,":-,_,:.:,_,
._,' " ,__,.'...' ',' " - ,','" _n.''''. _ -- _, ,',',,-.
.--. - -- - - -. - - ,- v -, , 'c'"
- Eastlake Parkway- Otay LlIkes Road to SDG&E easement
, ,_.. , '" - -,- , , -, -. - - -- - , "
,- , ,." '" -., ,.
','.".'. -'. ..'-...-- ',:,::,:"'::'---.: --,:,:,-'::':,-:':-:',-- :-:':'_:_'-'-'-,:, -::-'--",:-,--,' '_,coco:: '_:
2 - Clubhouse Drive;. Eastlake Parkway to Hunte Avenue
3 - S. Greensview Drive - Clubhouse Drive to Hunte Parkway
, -": - --' ::, -: -_-', :}::- - :,_,::):::'::-:,:::.::--:,__:,::'(:::,:;(-:)"/::;{::::'_':,,{::::,::::::_,:c,:,:it:, -::(',_::::::,:'::_ - -:' :::< _;::/:,::t ::,:::,_:';,; -::_'::::: :,:, ::::' ::'/?,:::: : -:- :_"C.C:"
:,:_,,_-,_-_:-'_ _,_"n",'_'__"____' ,_,_n'___,_,::_:- __"
"'n:_ -n_:--,:-"-:' _, __-,-:_,,_,,_:_:,_:_n,_'-,,_,_,':,_::__n,:_-,__-,_n:'_''_::'.'-"-'-' _:,:,_,:' _"__'-:-_-'-' """",_, ,n
4 - N. Greensview Drive. Clubhouse Drive to Hunte Parkway
5 . Greensgate Drive - Eastlake Parkway to North Greensview Drive
,_ - __ _'_' ""__ - '_'_ _-_- _,_, ,_,_ '_' _- "_ _-n- -_- "'"
."" ",::':':, -:'-":cc',-,:--,:-::'c:',:'::-,_,':,-:':-":'--'-_n '-c,-,-,'::':-_- -_:'::_-'-,_,_ '_'_'_'_" ,n_,_,_-- ,---:,-:-.
6 . Master Ridge Road - North Greensview Drive to Otay Lakes Road
/
- Business Center - Otay Lakes Road to Pipe #9
'0
~-I
I 3
L-- - --
- Business Center - Pipe #8 to Pipe #10
:':':n -c,_:_: _ ,- ::'-',::'-:,:
10 - Business Center - Connector - Pipe #9 to existing Business Center I
~
~
\
,
\
\
\
\
'\1
11 - Hunte Parkway - Otay Lakes Road to Woods Loop
12 . Woods Loop - Hunte Parkway to Otay Lakes Road
13 . Hunte Parkway - Otay Lakes Road to Clubhouse Drive
14. Hunte Parkway - Clubhouse Drive to Orange Avenue
15 . Otay Lakes Road - Hunte Parkway to Vistas Loop
16 . Vistas Connector North - Otay Lakes Road to Vistas Loop
17 - Vistas Loop . Vistas Connector North to Vistas Connector South
18 - Vistas Connector South - Vistas Loop to Orange Avenue
19 - Orange Avenue - Salt Creek to Hunte Parkway
\Kl WITLDAN ASSOOATES
CONSULTING ENGINEERS AND PLANNERS
6363 GREENWICH DR.. SUITE 2SO, SAN DIEGO, CA 92112 (619}tS7-1199
B. Reclaimed Water
The reclaimed water facilities to be acquired through Assessment District 90-3 are
shown in Exhibit 4. They will extend full reclaimed water service to EastLake
Greens Phase I, as well as provide the major service lines to the remaining areas
within the EastLake development.
Exhibit 5 shows the reclaimed water system as it will look in its ultimate state. This
ultimate reclaimed water system will provide a source of irrigation water for the
parks, schools and open space areas within the EastLake Development including the
golf course and Olympic Training Center. The design and water use analysis for the
reclaimed water system is addressed in the Preliminory Reclaimed Water Use Study,
March, 1990 by NBS Lowry.
The cost for the ultimate reclaimed water system is spread to the developments that
benefit from the irrigated areas in proportion to the average demand of that area. For
instance, private facilities, like the golf course and the Olympic Training Center will
bear the entire cost of their proportion of the reclaimed water system, whereas the
regional park cost will be spread to the entire residential community. Table 3 lists
the benefitting areas and their percentage of the total reclaimed water demand. The
figures for average demand in gallons per day (GPD) were taken from the NBS
Lowry report.
A credit analysis is utilized since the entire system is not being constructed at the
present time. The cost of the facilities to be constructed in the future are credited
back by the same water demand rate to those areas that are not receiving 100%
service. Those areas are Greens Phase II, Woods, Vistas, Trails, Business Center
Phase II and the Olympic Training Center. Greens Phase I is the only area receiving
100% service, and is therefore the only area not receiving a credit.
This method of assessing and crediting back the cost of facilities not yet constructed
ensures that each parcel is assessed for its proportionate share of the entire system.
The additional reclaimed water facilities to be constructed are planned to be funded
in future assessment districts.
JSJVANEn04OOO.XVune 20, 1991
41
Table 3
EastLake Reclaimed Water Demands
Average Percent
Irrigated Demand of Total
Benefitting Ar~ Parcel Acres (GPO) Demand
Golf Course Golf Course 160.6 553,016 25%
O.T. Site O.T. Site 100.0 344,344 16%
Greens Common Area Conunon Area 49.6 170,795 8%
Greens - Residential Parks 36.6 126,029 6%
Greens - Residential Open Space 30.8 106,058 5%
Trails - Residential Parks 67.6 232,777 11%
W nods - Residential Parks 22.0 75,756 4%
Woods and Trails Open Space 50.0 172,172 8%
All Residential Regional Park 43.4 149,445 7%
All Residential Elementary Schools 16.0 55,095 3%
All Residential Junior High School 10.0 34,434 2%
All Residential High School 25.0 86,086 4%
Entire District Freeway Interchange 4.0 13,774 1%
Totals 2,119,781 100%
JS5VANEl104()()().xVune 20, 1991
42
EXHffiIT 4
REClAIMED WATER FACILmES
FUNDED IN AD. 90-3
,-
,
3
I
L-- - ---
-
~
~
\
..
,
\
\
\
\
\
\
\
\
\\1
.;'
\Xl WIT.T .DAN ASSOCIATES
CONSULTING ENGINEERSANDPLANNERS
6363 GREENWiCH DR., surm 2SO, SAN DIBOO. CA 92122 (619}tS7-1199
EXHillIT 5
RECLAIMED WATER FACILITlliS
'.:.:'___'__'_'.' .. "_,, ',,' - __.__,:_,::,__,_ -n_-_-___-_-_,_,_ _ "-'.:":'.'
. ,-:, ___,_,__._-'- :_'_:,_,_ n_ :oo,"'__ _'_'_::<';"
1 . Eastlake Parkway - Otay Lakes Road to Clubhouse Drive
ULTIMATE SYSTEM
1-
:':',::_'_::_':::_:"":-:.: _.n._.'-=:. ::-"__:-:'
,..,-",_-.:_.,:..:_:,_,.;: __:,:::,_, ,,::,-,_:,,__ _n_'-_ '_"'n""--'_'--'--'--- .. .____.. '.:',,-,,_:'-,-,,-:.'-,-,,__..,:.
2 . Clubhouse Drive. Eastlake Parkway to Greensview Drive
3 - Otay Lakes Road - EastIake Parkway to Lane Avenue
:::,:,.::-.,:':::'-' .': '--'-':",,-, ::.:'-:. -:.-- .:----:::.::
'_'_'_':';'_:::-"_'_ -'-'n'--
"'-"-, -'''--- '- ----'. -... . --- - -
., - ---,.
c-'-'-:"-'-:-':-_-'-:-:-,-'-_-'-_- ',-:;",-,---,--, -.:- _' -,.-.; :--,-".: ,--, -_'_-:".'-'
4 - Otay Lakes Road - Lane Avenue to Hunte Parkway
._, ". '.'.'.""..".' n.",'.' ..... '. .":'
7 . Otay Lakes Road - Woods Loop to Salt Creek
8 - Woods Loop - Otay' Lakes Road to Otay Lakes Road
I
L-- ---
~
~
\
\
\
,
\
\
'\}
9 - Vistas Loop - Otay Lakes Road to Orange Avenue
,
10 . Orange Avenue ,Vistas Loop to Hunte Parkway
-'"
11 . Hunte Parkway - Orange Avenue to Clubhouse Drive
12 . Trails Loop - Hunte Avenue to Hunte Avenue
13 - South Greensview Drive - Hunte Parkway to Clubhouse Drive
14 - Eastlake Parkway - Clubbouse Drive to SDG&E easement
'\Kl WILLDAN ASSOCIATES
CONSULTING ENGINEERS AND PLANNERS
6l6J GREENWICH DR.. surrn zso. SAN DIEGO, CA 92122 (6t9)4S7-1l99
C. Waste Water
The waste water facilities to be acquired through Assessment District 90-3 are shown
in Exhibit 6. They will provide full sewer service to EastLake Greens Phase I, as
well as provide major sewer mains to the Greens Phase II, Woods, Trails, Vistas and
Olympic Training Center development areas.
For assessment purposes, the system was divided into two separate drainage areas,
the Telegraph Canyon Basin and the Salt Creek Basin. The Telegraph Canyon Basin
system serves the Business Center and most of the Greens Development. The Salt
Creek System serves the Woods, Trails, Vistas, Olympic Training Center and
portions of the Greens.
At present there are no gravity sewer outlets within the Salt Creek Basin. The
construction of a long term sewage outlet is currently under investigation by the City
of Chula Vista and the EastLake Development Company. In the interim, the waste
water within the Salt Creek Basin will be pumped to the existing trunk sewer in
Telegraph Canyon due to the availability of excess capacity in this line.
In accordance with the agreement between EastLake Development Company and the
City of Chula Vista, the Salt Creek pump station cost is assessed to the benefitting
properties at a cost/EDU that does not exceed the expected cost/EDU of EastLake's
share of the future Salt Creek gravity line. This future cost was provided by the
EastLake Development Company from an analysis provided by Wilson Engineering.
The cost of the transmission lines and pump station within both the Telegraph Canyon
and Salt Creek Basins are spread to the benefitting properties by the Waste Water
Flow Factors as listed in Table 4. These factors were derived from the average daily
waste water flows as outlined in the NBS Lowry Wastewater Subarea Master Plan,
May 1990.
Table 4
Wastewater Flow Factors
Land Use EDU's
Residential - Sinele Familv Detached 1.0/ du
Residential . Condominiums .8/ du
Residential, Apartments .6/ du
Retail 10.4/ acre
Commercial 10.4/ acre
Industrial 10.4/ acre
Church 3.0/ site
Clubhouse 10.4/ acre
Visitor's Center 16.7/ acre
JS5VANEn04()()().XVune 20, 1991
45
EXHffiIT 6
WASTE WATER FACILITIES
FUNDED IN AD. 90-3
,-
,
I
L-- ---
LEGEND
1-
2-
3-
4.
5-
6-
7-
8-
9-
1.1 -
1.2 .
,
,.
~
~
\
,
\
\
\
\
,
\
'\1
./
EastJake Parkway. Otay Lakes Road to SDG&E ___t
Greensview Drive - Greensgate DrIve Area
Master Ridge Road - Greens~ DrIve to Otay Lakes ROad
Clnbbouse Drive -EastJake Parkwlly to West 01 Hunte Parkway
Greensgate Drive - bstlake Parkway to GreensvlewDrlve
Otay Lakes Road -Lane Ave. to. Hunte Parkway
Greensvlew Drive-Hunte Parkway to east olMllliter Ridge Road
Hunte Parkway - Otay Lakes Road to Ora. Ave.
Otay Lakes Road. Hunte Parkway to Salt Creek
Pump Station in EastJake Parkway
Pump Station In Otay Lakes ROad
\:xl WIT J nAN ASSOCIATES
CONSULTING ENGINEERS AND PlANNERS
W3GRBENWICH DR., surm 2SO, SAN DIEOO. CA 92122 (619}CS7.tl99
EXHffiIT 7
WASTE WATER FACILmES
ULTIMATE SYSTEM
,
,
;
I
L--"--
~ \
\
~
\ \ ,/
\
\
\
\
\j
LEGEND
1 -. Eastlake Parkway.. Otay Lakes Road to SDG&E etiellWlt
2 . Greensview Drive - Greensgate Drive Area
3 -Master Ridge Road -Greensvlew Drive to 0Ia)' Lakes Road
4 . Clubhouse Drive . Eastlake PIIl'kwa)' to West of Hunte Parkway
5 -.. Greensgale Drive -. Eastlake PIIl'kwa)' to Greenrnew Drive
6 .. Otay Lakes Road - Labe Ave. to Hunte PIIl'kway
7 -Greensview Drive -Hunle Parkwa)' to ..st 01 Master JUdge Road
8 -Hunle Parkway. Otay Lakes ROad toOnmge Ave.
9 - OIay Lakes Road. Hunte Parkwa)' to Salt Creek
10- Greensview Drive. Clubhouse Drive to MidpoInt
1.1 . Pump Station In Eastlake Parkwa)'
t.2 . Pump Station in OIay Lakes Road
\Xl WIT.T DAN ASSOCIATES
OONSULTlNG ENGINEERS AND PLANNERS
"" GR.BBNWJCH DR.., surrB 2SO, SAN DIEGO, CA 92122 (619)457-1199
D. Street and Stonn Drain ImDrovements
Those streets and associated storm drain facilities to be acquired through the Assess-
ment District 90-3 are shown on Exhibit 8. They are of specific benefit to EastLake
Greens Phase I and EastLake Greens Phase II. These streets are designed in
conjunction with other major backbone streets which are under the Chula Vista
Development Impact Fee (DIF) program described in Section E. The non-DIF streets
to be acquired through Assessment District 90-3 are North Greensview Drive, a
residential collector within a 108 foot right-of-way; Masters Ridge Road, a residential
collector within a 72 foot right-of-way; Greensgate Drive, a residential collector
within a 108 foot right-of-way; and Clubhouse Drive, a residential collector within
a right-of-way that varies from 72 feet to 108 feet to accommodate a decorative
median. These streets with their associated benefitting area are as follows:
Table 5
I Street I Benefitting Area I
1. North Greensview Drive EastLake Greens Phase I
2. Masters Ridge Road EastLake Greens Phase I
3. Greensgate Drive EastLake Greens Phase]
4. Clubhouse Drive EastLake Greens Phase] & II
The cost of these streets, and associated landscaping and storm drain facilities is
spread to the benefitting properties using an average daily traffic (ADT) trip
generation factor. The storm drain facilities funded are an integral part of the street
network used to divert water from the street surface for safe travel. Therefore, the
cost of storm drains is spread with the cost of streets using an ADT factor. These
factors are based on land use and provide a uniform method of spread based on
computer modeling by the San Diego Association of Governments (SANDAG). The
ADT factors converted to EDU's, and associated land use are presented in Table 6.
Avera.e Dailv Traffic Generation Factors
Land Use EDU
Residential. Sin.le Familv Detached lldu
Residential Condominiums .S/du
Residential. Apartments .6/du
Retail 40/acre
Commercial 40/acre
Industrial 20/acre
Golf Course and Clubhouse .S/acre
Church 4/acre
Table 6
JS5VANEn04OOO.XVu", 20. 1991
48
EXHmIT 8
STREET IMPROVEMENTS
FUNDED IN AD. 90-3
,
0_
,-
,
\
./
I
L--"--
--
..
LEGEND
~ \
~\ \
\
\
\
\
\j
1 . GreeosvlewDrive
2 Master Ridge Road
3 Clubhouse Drive
4 . Greeosgate Drive
\Xl WIT.T .DAN ASSOCIATES
CONSULTING ENGINEERS AND PlANNERS
6363 GR.EENWK1i DR.., surm ~ SAN IXEGO, CA 9J:W (619}4S7-1199
E. Street hnorovements Elil!ible for Develooment hnoact Fee Credit
It is proposed that EastLake Parkway and Hunte Parkway street improvements (see
Exhibit 9) be financed by an assessment district against parcels which receive a
special benefit from the street improvements. The amount of the assessment against
each parcel is directly related to the average daily traffic generation or the usage of
the street as indicated On Table 7. Justification of the need for these improvements
is contained in the development project's Environmental Impact Report, tract map
conditions, the Transportation Phasing Plan for the eastern territories and the
EastLake Greens Development Agreement.
EastLake Parkway is a four lane major street within a 138 foot right-of-way and
Hunte Parkway is a four lane major street within a 108 foot right-of-way. They are
two of a number of major streets required to be widened or constructed to provide
a circulation system which will accept the cumulative number of trips generated by
new development in the eastern area of the City of Chula Vista. Through the
construction of these streets, another link in the overall major street network is
completed, thereby providing additional capacity in the overall circulation network.
EastLake Parkway and Hunte Parkway, together with these other major streets are
all included within the City's Development Impact Fee program, a program for
financing the major streets in the eastern area. The benefit to the properties within
this program is that through each property's participation, it attains its share of
capacity in the eastern area circulation street system. Since EastLake Parkway and
Hunte Parkway are a part of this program, the same methodology used in the
formulation of the Development Impact Fee program is used here. Therefore, the
assessment levy against each parcel equals the amount of the Development Impact
Fee. A separate procedure is provided by the City for the owner/developer to request
credit against required Development Impact Fees.
Table 8 identifies the construction and incidental expenses eligible for Development
Impact Fee credit. The total dollar amount listed for the Development Impact Fee
Credit was divided by the DIF value of $3,060 per EDU to obtain the total number
of EDU's eligible for DIF credit.
A portion of the storm drain construction items were not eligible for DIF credits as
determined by Rick Engineering estimates dated November 30, 1990. These non-DIF
storm drain costs are included in the non-DIF street improvement spread in the
assessment district, and are spread to the properties indicated in Table 5 using the
ADT factors identified in Table 6.
JSSVANEn04(XX).XV"ne 20, 1991
50
Table 7
AVERAGE DAILY TRAFFIC GENERATION
FACTORS
Land Use EDU
Residential - Single Family Detached I.O/du
Residential - Condominiums .8/du
Residential - Apartments .6/du
Retail 40/acre
Commercial 40/acre
Industrial 20/acre
Church 4/acre
Olympic Training Center 3.33/acre
lSSVANE7104000.XVune 20, 1991
51
EXHffiIT 9
DIP STREETS
FUNDED IN AD. 90-3
,
,-
,
,
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I
L-- .. --
--
..
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\
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~
\ \
\
\
\
\
\\}
LEGEND
./
. Hunte Parkway.Otay ukes Rd.
to Clubhouse Drive
1 . EastIake Parkway. Otay UIkes Rd.
to SDG&E easement
\Xl WIT.T DAN ASSOCIATES
CONSULTING ENGINEERS AND PLANNERS
Q0 GRJ!BNWIai DR., surm 1SO, SAN DIBOO, CA mzz ('19)(57-1199
TOTAL DIF ELIGIBLE MODIFIED DIF
DESCRIPTION COST COST ELIGIBLE COST
EastLake Parkway
Grading - Fill $ 124,000 $ 124,000 $ 114,738
Grading - Cut Balance 16,500 16,500 15,268
Landscaping 392,877 392,877 363,532
Traffic Signalization 150,000 150,000 138,796
Storm Drain Improvements 781,732 222,260 205,659
Street Improvements 1,091,505 1,091,505 1,009,979
North Hunte Parkway
Grading - Fill $ 190,000 $ 190,000 $ 175,809
Grading - Cut Balance 14,000 14,000 12,954
Landscaping 1,700,000 1,700,000 1,573,024
Traffic Signalization 150,000 150,000 138,796
Storm Drain Improvements 327,860 61,880 57,258
Street Improvements 525,114 525,114 485,892
Subtotal $ 5,463,588 $ 4,638,136 $ 4,291,705
Contingency 10% 546,359 463,814 429,171
Construction 6,009,947 5,101,950 4,720,876
INCIDENTAL EXPENSES
Project Management $ 40,000 $ 0 $ 0
Assessment Engineering 70,000 0 0
Design Engineering 1,367,000 431,500 399,270
Construction Supervision 70,000 0 0
Bond Counsel 62,732 0 0
Financial Consultant 35,000 0 0
Landscape Design 320,000 162,500 150,363
Utility Engineering 50,000 0 0
Plan check & Inspection Fees 600,000 189,500 175,346
Public Agency Project Management 35,000 0 134,027
Survey & Staking 336,000 171,000 158,228
Special Studies Engineering 300,000 0 0
Soils Engineering 164,000 83,500 77,263
Printing, Advertising, Posting
of Public Hearing Notices 4,000 0 0
Bond Printing, Servicing &
Registration 10,000 0 0
Sewer & Water Engineering 235,000 0 0
Capitalized Interest 241.859 0 0
Subtotal Incidentals $ 3,940,591 $ 1,038,000 $ 1,094,497
Total $ 9,950,538 $ 6,139,950 $ 5,815,373
Number of EDU's eligible for DIF credit as modified equals
5,815,373/3,060= 1,900 EDU's
JS5VANETi04OOO.XVune 25,1991
53
F. Incidentals
The cost of incidentals has been spread proportionately over the various improve-
ments in the direct proportion that the improvement bears to the total cost of
improvements.
In conclusion, it is my opinion that the assessments for Assessment District No. 90-3
are spread in direct accordance with the benefits that the land within the district
boundary receives from the works of improvements.
Dated: October 19. 1990
JSSVANEn04OOO.XVune 20, 1991
54
PARTlY
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 90-3
Reduced copy. Assessment Diagram is on file in the
offices of the City Clerk and the Superintendent of
Streets
Said Assessment Diagram is filed herewith and made a
part hereof.
JS5VA.NEn04OOO.XVun~ 20, 1991
55
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
tooT TO SCAlE
SEE SHEET 7
~
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A..... ASSEss.e.rT WAS lEVED BY n-E an' CQ..tO.. CF Tl-E aTY CF
DU.A VISTA. 5T A TE CF CA.LF:::FNA.. CN P~5 CF LA"V 9-C.......... CN
1'"t-CS ASSES9>€NT ClA~AM MAP. SAC ASse:ss.etr WAS LEVEO CN TtoE
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~~T CF rt-E OTY CF DU..A VISTA CN Tt-E DAY CF
g;a ~ IS ~ TO Tl-E ASSES9.ENT nl.. ~ N TI-E
CFFI':E CF Ti-E STREET SPE~ FCFl M EXACT Ao.,.QJ.lT CF EA:H
ASSESSJ...ENi L.EVED AGANST EAD-l PAKS.. CF l..ANJ 9-OWN CN TitS
ASSEss..ENT 0ACJ=lAM.
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ro:NI~_5AN~CONfY-
LEGEND
- _ _ DISTRICT BOUNDARY
PARCEL BOUNDARY
NAP NOT A PART OF' THE DISTRICT
"'"IE
nt: 9::J..t.[lARY ANJ ~AJCS..S AS ~ I6RN ACE
AS 9<JW'I CN nE ASSESSl'YS PAR:S. MAPS CF itt;
co..NTY CF SAN tEOO. STATE CF CA.l..FCFNA..
(0
ASSESSMENT NUMBER
SHEET I 0' 7 SBtETS
,\.A7 WILLD,o\'" ",SSO(']-'lTFS
\ftI CCIOM'PIO(;DoQNDtI_~
--------
.11/04000
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE
GREENS PHASE I
LEGEND
~
N
I
- - - - - TRACT BOUNDARY
PARCEL BOUNDARY
- ,
~....
GRAPHIC SCALE
,.,. .,.
("n::I'l)
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12 LOT NUMBER
G ASSESSMEl'-o'T NUMBER
p...-ens AM AI SHOWN ON n< ASStSSOII'S PNlCtL lU,PS
ct nc CClYIITY Off '* DlECO. S'l'ATt Of CAUf'OIIN!A.
SHEET 2 OF 7 SHEETS
"\"A!7 WILLD.....S' ASSOCl.o\TES
\1'\1 -,... -_II _ ,,_..
--...-.--...--
JJrol_o.ooo
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA. COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
.
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--------- DISTRICT BOUNDARY
PARCEL BOUNDARY
'2 LOT NUNBER
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ASSESSNENT NUNBER
P.....CEI,.$ Nl'[ -.s SHOlJtN ON 'flol[ ...sSESSOR'S p.-...cEl lW"S
OF' THE COiJHT'f or Sol/ol ~ECO. STAT[ or c.o,urOIl....A.
'\-.'7 WJUD_...;.; ....SSOCl....TES
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--.....--... ~...
HI0400Q
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA. COUNTY
OF SAN DIEGO. STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
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PIJICEL..S.IJl[ ol,S SHOWN 0I<l1'l-lE .o.sStSs,:lIl"S p",llcn IAAJ>S
O#T>1[COU,.;ryOf~DI[C;O.~...TEorc.wrCll'..A
~ 10, Q.4OOO
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
~
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(III rvr)
'....a'lllIft.
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LEGEND
--------- TRACT BOUNDARY
PARCEL BOUNDARY
12 LOT NUMBER
G ASSESSMEST STMBER
PoVtCEl.S IJl[ AS SMClWt<l OJrj 1'JoIE o\SS[SSO~'S PAJi':t1. WAPS
or THE COVNTY or SAN I)lECiO, ST....TE or CA..lrOll..",-
SHEET 5 OF 7 SHEETS
'I A'7 WILLD.".... .o\SSOC1ATES
\A" t:--.faOI_"_"'_"
--.....--...----
J.N.C4000
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
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--------- TRACT BOUSDARY
PARCEL BOUNDARY
12 LOT NUMBER
o ASSESSMEST Sl'MEER
PAACE-.5.lJ1EilSSlolO'fifOOI\jTI4E-.sSESSOR'SPAACE1.WJ>'S
OF Ti-lE COUfrrlTY or s.-.N PICCO. SlAn or CA.l.Jr~N"""
,\"'-7 WILLD."S ....SSOCIATES
AI ~fM __ttt..... "--"
-------.......-...
Jlojc.ooo
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
0/0
/ ............
0_0-
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NOT TO $CAI.E
LEGEND
_.___._ TRACT BOUNDARY
PARCEL BOUNDARY
12
LOT NUMBER
G ASSESSMENT NUMBER
PAIlC:El.S,tJl( AS SI'IOlfr'N 01ol THE ...sSESSOII'S ploRcn WAF'S
OF M COUh'l'Y or $.Ul OIECO. STAT[ or c.wrORI,I;A.
SHEET 7 OF 7 SHEETS
00- a. 7 WILLD.o\S .",SSOCLHES
',ft/ ...-,............_""_..
--......-----
J./O,Oo&OOQ
PART V
DESCRIPTION OF WORK
ASSESSMENT DISTRICT NO. 90-3
The general description of work to be funded by Assessment District 90-3 consists of the
following:
1. Street improvements consisting of grading, base, paving, curb, gutter, sidewalk,
street lighting and landscaping within the following rights-of-way:
a. North Greensview Drive - from Hunte Parkway west to Clubhouse Drive.
b. Master Ridge Road - from North Greenview Drive north to its terminus.
c. Clubhouse Drive - from Hunte Parkway west to EastLake Parkway.
d. Greensgate Drive - from North Greenview Drive west to EastLake Parkway.
e. EastLake Parkway - from Otay Lakes Road south to SDG&E easement.
f. Hunte Parkway - from Otay Lakes Road south to Clubhouse Drive.
2. Utilities and underground improvements consisting of potable water facilities,
reclaimed water facilities, sanitary sewers, storm drains, irrigation facilities and
utility undergrounding as appropriate by applicable state and federal statutes within
the following rights-of-way:
a. Eastlake Parkway - from Otay Lakes Road south to the SDG&E easement.
b. North Greensview Drive - from Hunte Parkway west to Clubhouse Drive.
c. Master Ridge Road - from North Greensview Drive north to its terminus.
d. Clubhouse Drive - from Hunte Parkway west to EastLake Parkway.
e. Greensgate Drive - from North Greensview Drive west to EastLake Parkway.
f. Hunte Parkway - from Orange Avenue north to Otay Lakes Road.
g. Otay Lakes Road - from EastLake Parkway east to its terminus onsite.
3. Two sewer pump stations and associated force mains located in Otay Lakes Road and
EastLake Parkway.
JS5VANE1104000.XVune 20, 1991
63
PART VI
RIGHT-OF-WAY CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
The undersigned, RICHARD K. JACOBS, hereby CERTIFIES UNDER PENALTY OF PERJURY that the
following is all true and correct.
At all times herein mentioned, the undersigned was, and now is the authorized representative of Willdan
Associates, the duly appointed ASSESSMENT ENGINEER of the CITY OF CHULA VISTA, CALIFOR-
NIA.
That there have now been instituted proceedings under the provisions of the "Municipal Improvement Act
of 1913", being Division 12 of the Streets and Highways Code of the State of California and the City of
Chula Vista, Procedural Ordinance No. 2397, for the construction and acquisition of certain public
improvements in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 90-3
(hereinafter referred to as the" Assessment District").
THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:
( check one)
o
a.
That all easements, rights-of-way, or land necessary for the accomplishment of the works of
improvement for the above referenced Assessment District have been obtained and are in the
possession of the City.
~b.
That all easements, rights-of-way or land necessary for the accomplishment of the works of
improvement for the above referenced Assessment District have been obtained and are in the
possession of the City, EXCEPT FOR THOSE DESCRIBED IN EXHIBIT "A" attached
hereto, showing maps of rights-of-way and easements not yet obtained at this time.
JS5VANEn04fXXJ.XVune 20, 1991
64
EXHIBIT A
,
I
I
'"
-
LEGEND
\
~ \
~ \
\ \
\
\
\
\\1
I
L-- .. --
..
./
1 . Eastlake Parkway. Clubbouse Drive
to SDG&E easement
2 . Hunte Parkway. Clubhouse Drive
to Orange Avenue
\Kl WIT.T DAN ASSOCIATES
CONSULTING ENGINEERS AND PlANNERS
6.163GRBENWla-I DR.. SUI'I'E Z5O, SAN DIEGO, CA 92W <619}(S7-1199
APPENDIX A
ACQUISITION AGREEMENT
Original on file at the office of the City Clerk
~
RESOLUTION NO.
ISq 7S-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, APPROVING AND AUTHO-
RIZING EXECUTION OF AMENDED ACQUISITION/
FINANCING AGREEMENT RELATING TO THE INSTALLA-
TION AND FINANCING OF CERTAIN IMPROVEMENTS IN
A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, is considering the
formation of a special assessment district under 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, for the construction of certain public works of
improvement in a special assessment district, said assessment district known and
designated as ASSESSMENT DISTRICT NO. 90-3 (EASTLAKE GREENS, PHASE I) (hereinafter
referred to as the "Assessment District"); and,
WHEREAS, the Streets and Highways Code of the State of California, specifically the
"Municipal Improvement Act of 1913", expressly authorizes the acquisition of any
improvements that are authorized to be constructed under said law, and the property
owner, in order to proceed in a timely way with his development, desires to
construct and/or cause the construction of certain works of improvement prior to the
adoption of the Resolution of Intention; and,
WHEREAS, at this time there has been submitted to this City Council for review and
approval, an Amended Acquisition/Financing Agreement setting forth certain terms and
conditions, as well as estimated prices and quantities of work to be installed and
financed pursuant to the above-referenced Agreement, which Amended Acquisition/
Financing Agreement will replace and supercede the original Acquisition/Financing
Agreement previously submitted and approved.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS,
SECTION I. That the above recitals are all true and correct.
SECTION 2.
That the Amended Acquisition/Financing Agreement, as
referenced Assessment District, is hereby approved,
authorized to be made by the Mayor and City Clerk.
submitted for the
and execution is
SECTION 3. That said Amended Acquisition/Financing Agreement submitted herewith
shall replace and supercede the original Acquisition/Financing Agreement
previously submitted and approved.
SECTION 4. That a copy of said Amended Acquisition/Financing Agreement shall be
kept on file in the City Clerk and remain for public inspection.
/16-1
SECTION 5. The final prices to be paid for said improvements shall be prices as
determined by the City to be reasonable, to represent the actual costs
and expenses for the installed works of improvement, including all
appropriate incidental expenses.
APPROVED and ADOPTED this
day of
, 1990.
MAYOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST:
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
;~Xf'om:J
TTY ATTORNEY
//0- ~
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, BEVERLY A. AUTHELET, CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY
CERTIFY that the foregoing Resolution, being Resolution No. , was duly
passed, approved and adopted by the City Council, approved and signed by the Hayor,
and attested by the City Clerk, all at the meeting of said City Council
held on the day of 1990, and that the same was
passed and adopted by the following vote:
AYES:
COUNCIL MEMBERS
NOES:
COUNCIL MEMBERS
ABSENT:
COUNCIL MEMBERS
ABSTAIN:
COUNCIL MEMBERS
EXECUTED this _____ day of
, 1990, at Chula Vista, California.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
[SEAL)
/lb-3
This Page Blank
~
II r::,.. "
AMENDED ACQUISITION/FINANCING AGREEMENT
THIS AGREEMENT is made and entered into this day of
1990, by and between the CITY OF CHULA VISTA, a public agency of the State of
California (hereinafter referred to as "City"), and EASTLAKE DEVELOPMENT CO.,
(hereinafter referred to as "Property Owner").
WHEREAS, the City is considering the formation of a special assessment district
under the terms and conditions of the "Municipal Improvement Act of 1913", being
Division 12 of the Streets and Highways Code of the State of california, for the
construction of certain public improvements, together with appurtenances and appurte-
nant work within the jurisdictional limits of said City, said special assessment
district known and designated as ASSESSMENT DISTRICT NO. 90-3 (EASTLAKE GREENS,
PHASE I (hereinafter referred to as the "Assessment Di&tricttl); and,
WHEREAS, Section 66462 of the Government Code of the State of California ("Subdivi-
sion Map Act") expressly authorizes financing and completion of public improvements
under an appropriate special assessment act, and Section 10102 of the_Streets and
Highways Code ("Municipal Improvement Act of 1913") expressly authorizes the acquisi-
tion of any improvements authorized to be constructed under said law; and,
WHEREAS, Property Owner, in order to proceed in a timely way with its development,
desires to construct and has constructed certain public works of improvement that
are proposeci. to be included with the works of improvement for the Assessment
District, namely, the improvements as set forth and described in the attached,
referenced and incorporated Exhibit "A"; and,
WHEREAS, the City and Property Owner are in agreement that the determined eligible
works of improvement may be included within the Assessment District financing at at
prices determined by the City to be reasonable; and,
WHEREAS, it is the intent of this Agreement to provide that Property Owner shall,
upon a successful confirmation of assessment and sale of bonds for the Assessment
District, be paid for the works of improvement which are integral, determined
eligible and a part of the Assessment District, as the prices as determined by the
City; and,
WHEREAS, the properties within the boundaries of the Assessment District will be
assessed only for those portions of the works of.improvement that benefit the proper-
ties within the boundaries of the Assessment District, and this Acquisition/
Financing Agreement and payment for the works of improvement will apply to and only
cover those portions of said works of improvement; and,
WHEREAS, in performing under this Agreement, it is mutually understood that Property
Owner is acting as an independent contractor and not an agent of the City, and City
shall have no responsibi.lity for payment to any contractor, subcontractor or
supplier of the Property Owner; and,
WHEREAS, Property Owner shall be the owner of and retain title to all of the works
of improvement constructed pursuant to this Agreement until such time as the City,
acting pursuant to the provisions of the "Municipal Improvement Act of 1913", shall
acqu ire such works of improvement. Upon such transfer, such improvements shall
/lD-S
become the property of the public agency and/or regulated utility authorized to
provide the service to the Assessment District; and,
WHEREAS, the City has no objection to purchasing the improvemente from said Property
Owner, and Property Owner is desirous that the City purchase said improvements, and
at this time said improvements are owned by Property Owner; and,
WHEREAS, Property Owner hereby further agrees to indemnify and hold harmless the
City of any challenge involving the validity or enforceability of this Agreement and
Property Owner further agrees to defend or provide the monies in advances for any
defense as it relates to a challenge to this Agreement; and,
WHEREAS, City may, at its option, terminate
challenge is filed relating to the validity
these assessment district proceedings.
this Agreement at any time if any legal
or enforceability of this Agreement for
,
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows:
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
That the above recitals are all true and correct.
The City has no financial obligation to construct the improvements, and
all expense for said improvements, including all incidentals thereto,
ahall be borne by owners of property within the Assessment District.
That said City does intend to proceed with the adoption of a Resolution
of Intention and the formation of a special Assessment District for the
improvements above described; however, the City reserves the right to
determine those facilities which are eligible for final funding.
That the City agrees to acquire and finance through the use of special
assessment proceedings, and Property Owner agrees to convey all
completed improvements to the City, those improvements being all as set
forth in the previously referenced Exhibit "A". Property Owner agrees
to post with the City the required bonds to guarantee the performance
of the work and payment of all labor and materials, said bonds to be in
the amounts as determined by the City.
Property Owner shall be responsible for the maintenance and shall
maintain said improvements in a satisfactory condition prior to any
final transfer and acceptance.
No acquisition monies shall be paid until the described improvements
to be acqu ired have been transferred free and clear of all liens,
claims and encumbrances, and Property OWner does hereby indemnify the
City against any liens, claims or encumbrances relating to sald
acquired improvements.
/1;:>- ~
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
The final facilities and actual prices to be paid for said improvements
are those that the City believes to be integral and reasonable and
confer special benefit on properties within the Assessment District.
The estimated prices for the improvements are set forth in the'
attached, referenced and incorporated Exhibit "S". Final prices shall
be based upon unit prices and quantities as determined by the City to
be reasonable, and no other costs and expenses shall be allowed unless
expressly authorized by the legislative body of the City. The Property
Owner shall provide all substantiating documentation and certifications
of authenticity as requested by the City in the determination of either
the quantities of work constructed or the prices to be paid for such
improvements.
The estimated quantities set forth in the previously referenced Exhibit
"B" shall be revised to reflect the actual quantities of works of
improvement actually constructed at prices as determined by the City.
Any final determination shall be made by the City as to the prices and
quantities to be paid.
The costs of acquisition shall also include the necessary engineering
and related incidental expenses, inCluding, but not limited to, the
preparation of plans, specifications, bidding and all related documenta-
tion. Said final costs and expenses are to be determined upon the
~ompletion of the works of improvement and certified by the City.
The cost for said works of
with the benefits received,
for the Assessment District.
improvement shal.l be spread in accordance
as determined by the Assessment Engineer
SECTION 10. All plans and specifications shall be 'submitted by the Property Owner,
and all improvements shall be bid and constructed in full compliance
with all applicable local rules and laws, including the payment of
prevailing wages. Property Owner agrees to keep records and to allow
the City to review said records for all bids and contracts let for any
of the improvements. City shall have the right to inspect all works of
improvement as if said works of improvement were being constructed as a
public works contract let by the City.
SECTION 11. Upon execution of this Agreement and completion of the improvements,
the City shall have the right to use said improvements as determined
necessary and integral for the works of improvement within the Assess-
ment District.
SECTION 12. The acquisition monies, upon the sale of bonds, shall be distributed
pursuant to written instructions executed by all persons having an
interest in the property, as disclosed by a current title report.
"Interested parties" shall consist of property owners as shown on the
last equalized assessment roll for property taxes, as well as any
11f:)- 7
beneficiaries under any existing deeds of trust. No cash distribution
shall be made until all parties have executed the appropriate written
instructions.
SECTION 13. Acquisition monies may be withheld until all improvements required to
be installed by the Property Owner have been completed, and a reason-
able amount of monies due under this Agreement may be subsequently with-
held to cover f ioal possible corrections and/or adjustments in the
work, said work to be accomplished subsequent to the confirmation of
the assessment and sale of bonds.
SECTION 14. This Agreement is contingent upon the confirmation of assessments and
suc'cessful sale of bonds, and it shall be null and void if said bonds
are not sold within a three (3) year period following the date of this
Agreement, or any mutually agreed extension; however, this time can be
extended by request of the Property Owner and concurrence of the
legislative body.
SECTION 15. Property Owner hereby agrees to provide written notice to any potential
purchasers of lots in a form satisfactory to City so advising the
potent ial owner of the fact of the proposed or confirmed Assessment
District, with said document being executed by the potential owner.
SUch notice shall be provided to the potential owner a reasonable time
before the potential owner becomes contractually committed to purchase
the lot so that the potential owner may knowingly consider the impact
of the assessment in the decision to purchase' the lot. A copy of all
such notices executed by actual purchasers shall be Bent to the City.
SECTION 16. Property Owner agrees to and shall assume the defense of, indemnify and
hold harmless the City, its officers and agents, from any action,
damages, claims or losses of- any type resulting from this Agreement,
including without limitation the design, engineering, construction
bidding, award of the contract contract and construction of the improve-
ments. No provision as contained herein shall in any way limit the
extent of the responsibility of said Property Owner for payment of
damages resulting from the construction of the improvements and/or any
contractual relationships between Property Owner and contractor and/or
subcontractors.
SECTION 17. This Agreement is binding upon heirs, assigns, and successors-in_
interest.
SECTION 18. This Agreement, by its execution, amends and supercedes any terms and
conditions that may be inconsistent in any previous agreement, includ-
ing any subdivision improvement agreement, relating to the construc_
tion, installation or financing of said improvements.
110 -)'
SECTION 19. The prevailing party in any litigation relating to, interpreting or
enforc ing this Agreement, shall be entitled to reasonable attorney's
fees as determined by the Court.
SECTION 20.
This Agreement and the construction
subject to all local laws and ordinances
improvement agreements, land division,
applicable development requirements.
of the improvements shall be
relating to the requirement of
improvement security or other
EXECUTED by and between the parties hereto on the day and year first hereinabove
written.
"CITY"
CITY OF CHULA VISTA
ATTEST:
MAYOR
CITY OF CHULA VISTA
S:::1: ,CALIFO
vAP~i~\O fo m by
BRUCE
CITY CLERK
CITY OF CHULA VISTA
STATE OF CAIFORNIA
"PROPERTY OWNER"
EASTLAKE DEVELOPMENT CO.
~y: Jjr1~ 4-ldJt
1It)-q
EXHIBIT A
DESCRIPTION OF WORK
ASSESSMENT D1STRlCT NO. 90-3
The general description of work to be funded by Assessment District 90-3 consists of the
following:
I. Street improvements consisting of grading, base, paving, curb, gutter, sidewalk,
street lighting and landscaping within the following rights-of-way:
a. North Greensview Drive - from Hunte Park-way west to Clubhouse Drive.
b. Master Ridge Road - from North Greenview Drive north to its terminus.
c. Clubhouse Drive - from Hunte Parkway west to EastLake Parkway.
d. Greensgate Drive - from North Greenview Drive west to EastLake Parkway.
e. EastLake Parkway - from Otay Lakes Road south to SDG&E easement.
f. Hunte Parkway - from Otay Lakes Road south to Clubhouse Drive.
2. Utilities and underground improvements consisting of potable water facilities,
reclaimed water facilities, sanitary sewers, storm drains, irrigation facilities and
utility undergrounding as appropriate by applicable state and federal statutes within
the following rights-of-way:
a. Eastlake Parkway - from Otay Lakes Road south to the SDG&E easement.
b. North Greensview Drive - from Hunte Park-way west to Clubhouse Drive.
c. Master Ridge Road - from North Greensview Drive north to its terminus.
d. Clubhouse Drive - from Hunte Parkway west to EastLake Parkway.
e. Greensgate Drive - from North Greensview Drive west to EastLake Parkway.
f. Hunte Parkway - from Orange Avenue north to Otay Lakes Road.
g. Otay Lakes Road - from EastLake Parkway east to its terminus onsile.
3. Two sewer pump stations and associated force mains located in Otay Lakes Road and
EastLake Parkway.
11'0- 10
Exhibit B
ACQuis:1ion Agreement
Eastlake Development Assessment District 90-3
COST SUMMARY
ITEM # DESCRIPTION
1 980 WATER SYSTEM
2 710 WATER SYSTEM
3 WASTE WATER
4 STREET. STORM DRAIN & LANDSCAPING
5 RECLAIMED WATER
6 DRY UTILITIES
7 DIF STREETS
8 INCIDENTALS
TOTAL
COST
1.684.921
1.426.751
2.032.996
4.947,466
975.861
1.173.014
5. I 01 .950
3,442.000
20.784.959
II D - 1/
OS-Dee-gO
Exhl::~l B
AcquiSition Agreement Exhibit
Easllake Develo;:>ment Assessment District 90-3
980 WATER SYSTEM
UNIT QUANTITY UNIT COST
ITEM # DESCRIPTION PRICE
EASTLAKE PARKWAY I
I AIR RELEASE VALVE (2") EA. 4
2 BLOWOFF w-e (2") EA. 2 I
3 BLOWOFF W-9 (4") EA. 3 I
,
4 BUTTERFLY VALVE (12") EA. 3 I
5 BUTTERFLY VALVE (20") EA. 5 I
e 12" WATER MAIN L.F. 213
7 20" WATER MAIN L.F. 2941
8 30" WATER MAIN L.F. 37
9 I" WATER SERVICE EA. 2
10 2" WATER SERVICE EA. I
" BLOWOFF (e") EA. I
12 3e" WATER MAIN L.F. 1844
13 BUTTERFLY VALVE (3e") EA. 3 ITEMS 1-13 275,000
GREENSGATE DRIVE
14 AIR RELEASE VALVE (1") EA. I I
IS FIRE HYDRANT (3-WAY) EA. I I
i
Ie 12" WATER MAIN L.F. 495 ITEMS 14-1e 21.570 I
N. GREENSVIEW DRIVE
17 AIR RELEASE VALVE (I") EA. 2
18 BLOWOFF w-e (2") EA. 18
19 FIRE HYDRANT (3-WAY) EA. 17
20 BUTTERFLY VALVE (8") EA. 9 ;
21 BUTTERFLY VALVE (10") EA. e
22 BUTTERFLY VALVE (12") EA. 31
23 BUTTERFLY VALVE (1e") EA. I
24 BUTTERFLY VALVE (20") EA. I
25 BUTTERFLY VALVE (30") EA. 2
2e 8" WATER MAIN L.F. 314
27 10" WATER MAIN L.F. 239
28 12" WATER MAIN L.F. 5295
29 Ie" WATER MAIN L.F. 59
30 2" WATER SERVICE EA. I ITEMS 17-30 352.528
OS-Dee-90
lib -/2..
E"'"I:,t 8
Acquisl:lon Agreement Exhibit
EaStlake Development Assessment District 90-3
980 WATER SYSTEM
UNIT QUANTITY UNIT COST
ITEM # DESCRIPTION PRICE
MASTER RIDGE ROAD
31 AIR RELEASE VALVE (1") EA. 1
32 BLOWOFF W-6 (2") EA. 3
33 FIRE HYDRANT (3-WAY) EA. 2
34 BUTTERFLY VALVE (10") EA. . 3
35 BUTTERFLY VALVE (12") EA. 4
36 10" WATER MAIN L.F. 146
37 12" WATER MAIN LF. 1088 ITEMS 31-37 61.049
CLUBHOUSE DRIVE
38 AIR RELEASE VALVE (1") EA. 7
39 AIR RELEASE VALVE (2") EA. 3
40 BLOWOFF W-6 (2") EA. 9
41 BLOWOFF W-9 (4") EA. 4
42 FIRE HYDRANT (3-WA Y) EA. 11
43 BUn-ERFL Y VALVE (10") EA. 15
44 BUTTERFLY VALVE (12") EA. 1
45 BUTTERFLY VALVE (16") EA. 1
46 BUTTERFLY VALVE (20") EA. 3
47 BUTTERFLY VALVE (30") EA. 2
48 8" WATER MAIN LF. 138
49 10" WATER MAIN LF. 3289
50 12" WATER MAIN LF. 39
51 20" WATER MAIN LF. 561
52 30" WATER MAIN L.F. 3703 ITEMS 38-52 235.131
N. HUNTE PARKWAY
53 AIR RELEASE VALVE (2") EA. 1
54 BLOWOFF W-6 (2") EA. 3
55 BLOWOFF W-9 (4") EA. 1
56 FIRE HYDRANT (3-WAY) EA. 5
57 BUTTERFLY VALVE (16") EA. 2
58 BUTTERFLY VALVE (30") EA. 1
59 30" WATER MAIN LF. 3103 ITEMS 53-59 125.000
OS-Dee-gO
lib - /3
Exr.ltJlt B
AcquiSition Agreement Exhibit
Eastlake Development Assessment District 90-3
980 WATER SYSTEM
UNIT QUANTITY UNIT COST
ITEMN DESCRIPTION PRICE
S. HUNTE PARKWAY
60 AIR RELEASE VALVE (1") EA. 2
61 AIR RELEASE VALVE (2") EA. 6
62 BLOWOFF W-6 (2") EA. 3
63 BLOWOFF W-9 (4") EA. 2
,
64 FIRE HYDRANT (3-WAY) EA. 4
65 BUTTERFLY VALVE (8") EA. 1
66 BUTTERFLY VALVE (16") EA. 4
67 8" WATER MAIN L.F. 38
68 16" WATER MAIN L.F. 3101 ITEMS 60-68 227,612
OTAY LAKES ROAD
69 AIR RELEASE VALVE (1") EA, 1
70 AIR RELEASE VALVE (2") EA. 9
71 BLOWOFF W-6 (2") EA. 7
72 BLOWOFF W-9 (4") EA. 8
73 FIRE HYDRANT (3-WAY) EA. 2
74 BUTTERFLY VALVE (12") EA. 5
75 BUTTERFLY VALVE (16") EA. 7
76 12" WATER MAIN L.F. 1985
77 16" WATER MAIN L.F. 5244
78 2" WATER SERVICE EA. 1 ITEMS 69-78 233,857
SUBTOTAL 1,531,746
79 CONTINGENCY 10% 153,175
TOTAL 1,684,921
OS-Dee-gO
II b -Ii
Exr;;::;! 8
:"C:;";:SilIO:i Agreement
Eas:lake Development Assessment District 90-3
INCIDENTAL EXPENSES
ITEM # DESCRIPTION
DESIGN ENGINEERING
2 CONSTRUCTION SUpERVISION
3 LANDSCAPE DESIGN
4 UTILITY ENGINEERING
5 PLAN CHECK & INSPECTION FEES
6 SURVEYING & STAKING
7 SPECIAL STUDIES ENGINEERING
8 SOILS ENGINEERING
9 SEWER & WATER ENGINEERING
TOTAL
COST
1,367,000
70,000
320,000
50,000
600,000
336,000
300,000
, 64,000
235,000
3.442,000
110 -IS-
OS-Dee-gO
~':::~:S;:i:;n A;ieeli'.ent
Eas::ake Deve:o~:T1ent Assessment District 90-3
710 WATER SYSTEM
UNIT QUANTITY UNIT COST I
ITEM # DESCRIPTION PRICE I
EASTLAKE PARKWAY
1 AIR RELEASE VALVE (2") EA. 8
2 BLOWOFF W-6 (2") EA. 1
3 BLOWOFF W-9 (4") EA. 4
4 FIRE HYDRANT (3-WAY) EA. 15
5 BUTTERFLY VALVE (12") EA. 2
6 BUTTERFLY VALVE (20") EA. 8
7 12" WATER MAIN L.F. 168
8 20" WATER MAIN L.F. 4781 ITEMS 1-8 315,774
N. HUNTE PARKWAY
9 AIR RELEASE VALVE (2") EA. 2
10 BLOWOFF W-6 (2") EA. 1
II BLOWOFF W-9 (4") EA. I
12 BUTTERFLY VALVE (24") EA. 2
13 24" WATER MAIN L.F. 3093 ITEMS 9-13 41 I ,759
S. HUNTE PARKWAY
14 AIR RELEASE VALVE (2") EA. 3
15 BLOWOFF W-6 (2") EA. I
16 BLOWOFF W-9 (4") EA. 3
17 BUTTERFLY VALVE (24") EA. 3
18 24" WATER MAIN L.F. 3027 ITEMS 14-18 320,000
OTAY LAKES ROAD
19 AIR RELEASE VALVE (2") EA. 8
20 BLOWOFF W-9 (4") EA. 9
21 FIRE HYDRATN (3-WAY) EA. 3
22 BUTTERFLY VALVE (10") EA. I
23 BUTTERFLY VALVE (20") EA. 3
24 BUTTERFLY VALVE (24") EA. II
25 BUTTERFLY VALVE (30") EA. 4
26 10" WATER MAIN L.F. 36
27 20" WATER MAIN L.F. 1271
28 24" WATER MAIN L.F. 6279
29 30" WATER MAIN L.F. 2092
30 BLOW OFF (6") EA. 3
31 AIR RELEASE VALVE (3") EA. 2 ITEMS 19-31 249,514
SUBTOTAL 1,297,046
32 CONTINGENCY 10.,0 129,705
TOTAL 1,426,751
OS-Dee-90
/I b -/~
Exhlbtl B
Acquisition Agreement
Eastlale Development Assessment D,stflet 90-3
SEWER SYSTEM
UNIT QUANTITY UNIT COST
ITEM # DESCRIPTION - PRICE
EASTLAKE PARKWAY
1 MANHOLE S-17 4' DIAM. EA. 17
2 CONNECT TO EXIST. MANHOLE EA. 1
3 8" P.V.C. L.F. 2806
4 8" SEWER MAIN L.F. 2114
5 12" P.V.C. L.F. 2220
6 FORCE MAIN CLEAN OUT EA. , 5 ITEMS 1-6 204,758
7 PUMP STATION EA. 1 315,126
GREENSGATE DRIVE
8 MANHOLE S- 1 74' DIAM. EA. 1
9 8" P.V.C. L.F. 559
10 SEWER END CAP EA. 2
11 SEWER PLUG (EXIST. SEWER) EA. 1
12 REM. PLUG CONN. W/C. COLLAR EA. 1 ITEMS 8-12 14,160
N. GREENSVIEW DR.
13 MANHOLE S-17 4' DIAM. EA. 12
14 8" P-:V.C. L.F. 3092
15 SEWER END CAP EA. 7
16 SEWER PLUG (EXIST. SEWER) EA. 1
17 4" SEWER LATERAL EA. 1 ITEMS 13-17 84,503
MASTER RIDGE ROAD
18 MANHOLE S-17 4' DIAM. EA. 3
19 8" P.V.C. L.F. 994
20 SEWER END CAP EA. 3
21 SEWER PLUG (EXIST. SEWER) EA. 1
22 4" SEWER LATERAL EA. 1 ITEMS 18-22 26,432
CLUBHOUSE DRIVE
23 MANHOLE S-17 4' DIAM. EA. 7
24 8" P.V.C, L.F. 2503
25 SEWER END CAP EA. 4
26 REM. PLUG CONN. W/C. COLLAR EA. 1
27 ENCASEMENT (>8") L.F. 105 ITEMS 23-27 67,661
N. HUNTE PARKWAY
28 MANHOLE 5-17 4' DIAM. EA. 9
29 8" P.V.C. L.F. 37
30 10" P.V.C. L.F. 37
31 SEWER END CAP EA. 4
32 SEWER PLUG (EXIST. SEWER) EA. 2
33 6" SEWER MAIN L.F. 74
34 12" FORCE MAIN L.F. 296
35 15" SEWER MAIN L.F. 2840 ITEMS 28-35 108,469
,,/) -/7
Exhibil B
Acquisition Agreement
Eastlake Development Assessment District 90-3
SEWER SYSTEM
UNIT QUANTITY UNIT COST
ITEM # DESCRIPTION PRICE
S. HUNTE PARKWAY
36 MANHOLE S-17 4' DIAM. EA. 7
37 FORCE MAIN CLEAN OUT EA. 7
38 12" SEWER MAIN L.F. 2734
39 12" FORCE MAIN L.F. 3065 ITEMS 36-39 259.820
OTAY LAKES ROAD
40 MANHOLE S-17 4' DIAM. EA. .' 18
41 10" P.V.C. L.F. 134
42 8" SEWER MAIN L.F. 86
43 12" P.V.C. L.F. 1430
44 FORCE MAIN CLEAN OUT EA. 10
45 12" SEWER MAIN L.F. 4277
46 15" SEWER MAIN L.F. 3130 ITEMS 40-46 267.250
47 PUMP STATION EA. 1 500,000
SUBTOTAL 1,848,178
Ilb-/~
EX:"ilbit B
AcquiSition Agreement
Eastlake Development Assessment District 90-3
STREET SYSTEM
UNIT QUANTITY UNIT COST
ITEMN DESCRIPTION PRICE
N. GREENSVIEW DRIVE
1 GRADING - FILL C.Y. 8,000 1.00 8.000
2 GRADING - CUT BALANCE C.Y. 730,000 0.50 365.000
3 18" R.C.P. loF. 793
4 24" R.C.P. loF. 2329
5 30" R.C.P. L.F. 547
6 36" R.C.P. loF. , 579
7 42" R.C.P. loF. 362
8 CLEANOUT TYPE A (0-9) EA. 22
9 CURB INLET TYPE B (0-2) EA. 13
10 CONCRETE LUG (0-63) EA. 1 ITEMS 3-10 904,303
11 6" A.C. BERM loF. 1171
12 A.C. SIDEWALK L.F. 5653
13 PED. RAMP(SDG-101) loS. 20
14 CITY MONUMENT EA. 16
15 GUARD BARRICADE EA. 72
16 MONOLITHIC CURB, GUT. & sm loF. 8873
17 ADJ. M.H. COVER TO GRADE EA. 34
18 PAVING (COLLECTOR STRS.) S.F. 240273
19 SEAL COAT S.F. 240273
20 8' P.C.C. DRIVEWAY EA. 5
21 5 1/2" P.C.C. X-GUTTER S.F. 890
22 STREET LIGHT - SINGLE HUNG EA. 14 ITEMS 11-22 575,321
OS-Dee-gO
,,/) - If:!
E,n,b,t B
AcquiSItion Agreement
Eastlake Development Assessment District 90-3
STREET SYSTEM
UNIT QUANTITY UNIT COST
ITEM # DESCRIPTION PRICE
MASTER RIDGE ROAD
23 GRADING - FILL C.Y. 31000 0.50 15.500
24 GRADING - CUT BALANCE C.Y. 0 0.00 0
25 18" R.C.P. L.F. 456
26 24" R.C.P. L.F. 263
27 30" R.C.P. L.F. 226
28 CLEANOUT TYPE A (D-9) EA. , 5
29 REMOVE EXIST. S.D. L.F. 46 ITEMS 25-29 159.724
30 6" A.C. BERM L.F. 76
31 A.C. SIDEWALK L.F. 367
32 PED. RAMP (SOO-101) L.S. 3
33 CITY MONUMENT EA. 1
34 GUARD BARRICADE EA. 67
35 MONOLITHIC CURB, GUT. & SM! L.F. 1637
36 PAVING (COLLECTOR STRS.) S.F. 31670
37 SEAL COAT S.F. 31670
38 TYPE B-1 CURB L.F. 208
39 8' P.C.C. DRIVEWAY EA. 2
40 5112" P.C.C. X-GUTTER S.F. 1040
41 STREET LIGHT - DOUBLE HUNG EA. 1
42 STREET LIGHT - SINGLE HUNG EA. 2
43 30' COMMERCIAL D'NY. EA. 1 ITEMS 30-43 98,392
OS-Dee-90
I/O -).0
Exh,bil B
AcquiSition Agreement
Eastlake Development Assessment District 90-3
STREET SYSTEM
UNIT QUANTITY UNIT COST
ITEM # DESCRIPTION PRICE
CLUBHOUSE DRIVE
44 TRAFFIC SIGNALlZATON L.S. 1 150,000.00 150,000
45 GRADING - FILL C.Y. 36000 1.00 36,000
46 GRADING - CUT BALANCE C.Y. 150000 0.50 75,000
47 LANDSCAPING L.S. 1 300,000 300,000
46 16" RC.P. L.F. 1042
49 24" R.C.P. L.F. .' 754
50 30" RC.P. L.F. 566
51 36" RC.P. L.F. 433
52 42" RC.P. L.F. 133
53 46" R.C.P. L.F. 469
54 CLEANOUT TYPE A (D-9) EA. 13
55 CURB INLET TYPE B (D-2) EA. 13
56 CONCRETE LUG (D-63) EA. 1 ITEMS 46-56 710,410
57 6" TYPE G CURB (G-2) L.F. 3131
56 6" ....C. BERM L.F. 615
59 A.C. SIDEWALK L.F. 2979
60 PED. RAMP (SDG-l0l) L.S. 6
61 P.C.C. SIDEWALK S.F. 26219
62 CITY MONUMENT EA. 9
63 MONOLITHIC CURB, GUT. & sm L.F. 3437
64 ADJ. M.H. COVER TO GRADE EA. 21
65 SAWCUT EXIST. P.C.C. OR A.C. L.F. 120
66 REMOVE A.C. BERM & A.C. sm L.F. 145
67 PAVING (COLLECTOR STRS.) S.F. 154936
66 SEAL COAT S.F. 196972
69 TYPE B-1 CURB L.F. 2267
70 STREET LIGHT - DOUBLE HUNG EA. 2
71 STREET LIGHT SINGLE HUNG EA. 6 ITEMS 57-71 475,974
OS-Dee-90
IIC - ~J
EXI"',;t)i: B
AcquiSition Agreement
Easllake Developmenl Assessment District 90-3
STREET SYSTEM
UNIT QUANTITY UNIT I COST I
ITEM # DESCRIPTION PRICE
GREENSGATE DRIVE I
72 GRADING - FILL C.Y. 0 0.00 0
73 GRADING - CUT BALANCE C.Y. 83000 0.50 41,500
74 18" R.C.P. L.F. 86
75 42" R.C.P. L.F. 384
76 CLEANOUT TYPE A (D-9) EA. 1 ITEMS 74-76 118,037
77 CURB INLET TYPE B (D-2) EA. 2
78 PED. RAMP (SOO-101) L.S. 2
79 MONOLITHIC CURB. GUT. & SNJ L.F. 988
80 ADJ. M.H. COVER TO GRADE EA. 2
81 SAWCUT EXIST. P.C.C. OR A.C. L.F. 150
82 REMOVE A.C. BERM & A.C. SNJ L.F. 130
83 SEAL COAT S.F. 31406
84 TYPE B-1 CURB L.F. 853
85 STREET LIGHT - DOUBLE HUNG EA. 1
86 PAV.!!'G (MAJOR STREETS) S.F. 31406 ITEMS 77-86 75,580
87 ADD. LANDSCAPING COST L.S. 1 388.955 388,955
SUBTOTAL 4.497.696
88 CONTINGENCY 10'" 449.770
TOTAL 4.947,466
05-Dee-90
IID- 2Z
Exhibit B
Acquisition Agreement
Eastlake Development Assessment District 90-3
RECLAIMED WATER SYSTEM
UNIT QUANTITY UNIT COST
ITEM # DESCRIPTION PRICE
EASTLAKE PARKWAY
1 6" RECLAIMED WATERLINE L.F. 110
2 lG" RECLAIMED WATERLINE L.F. 4S55
3 GATE VALVE (G") EA. 3
4 BUTTERFLY VALVE (1G") EA. 7
5 AIR RELEASE VALVE (2") EA. 6
6 BLOWOFF W-G (2") EA. . 3
7 BLOWOFF W-9 (4") EA. G ITEMS 1-7 327,44G
N. HUNTE PARKWAY
S lG" RECLAIMED WATERLINE L.F. 3152
9 BUTTERFLY VALVE (1G") EA. 2
10 AIR RELEASE VALVE (2") EA. 2
11 BLOWOFF W-9 (4") EA. 2 ITEMS S-1 1 135,000
S. HUNTE PARKWAY
12 lG" RECLAIMED WATERLINE L.F. 3147
13 BU~ERFLY VALVE (16") EA. 6
14 AIR RELEASE VALVE (1") EA. 2
15 AIR RELEASE VALVE (2") EA. 3
lG BLOWOFF W-G (2") EA. 3
17 BLOWOFF W-9 (4") EA. 3 ITEMS 12-17 150,000
CLUBHOUSE DRIVE
lS G" RECLAIMED WATERLINE L.F. 70
19 S" RECLAIMED WATERLINE L.F. 331
20 lG" RECLAIMED WATERLINE L.F. 201
21 BUTTERFLY VALVE (S") EA. 3
22 BUTTERFLY VALVE (12") EA. 1
23 BUTTERFLY VALVE (lG") EA. 1 ITEMS 1 S-23 25,907
OS-Dee-gO
lIb - .2.3
Exhlbil B
':":::;uisition Agreement
Easllake Development Assessment District 90-3
RECLAIMED WATER SYSTEM
UNIT QUANTITY UNIT COST
ITEM # DESCRIPTION PRICE
OTAY LAKES ROAD
24 6" RECLAIMED WATERLINE l.F. 21
25 8" RECLAIMED WATERLINE L.F. 2096
26 16" RECLAIMED WATERLINE l.F. 1636
27 20" RECLAIMED WATERLINE L.F. 4932
28 BUTTERFLY VALVE (8") EA. 5
29 BUTTERFLY VALVE (16") EA. , 5
30 BUTTERFLY VALVE (20") EA. 9
31 AIR RELEASE VALVE (1") EA. 3
32 AIR RELEASE VALVE (2") EA. 9
33 BLOWOFF W-6 (2") EA. 5
34 BLOWOFF W-9 (4") EA. 7 248.793
SUBTOTAL 887.146
35 INCIDENTALS 10.... 88.715
TOTAL 975.861
OS-Dee-gO
110- LV
Exhibit B
Acquisition Agreement
Eastlake Development Assessment District 90-3
STREET SYSTEM - DIF
UNIT QUANTITY UNIT COST
ITEM # DESCRIPTION PRICE
EASTLAKE PARKWAY
1 GRADING - FILL C.Y. 124,000 1.00 124,000
2 GRADING - CUT BALANCE C.Y. 33,000 0.50 16,500
3 LANDSCAPING l.S. 1 392,877 392.877
4 TRAFFIC SIGNALIZATION l.S. 1 150,000 150.000
5 18" R.C.P. L.F. 1451
6 CLEANOUT TYPE A (D-9) EA. 9
7 CURB INLET TYPE B (D-2) EA. 17
8 TYPE "F' C.B. EA. 2
9 HIGH SIDE COBBLE DITCH l.F. 1130 ITEMS 5-9 222,260
10 6" TYPE H CURB (G-2) 6205
11 ROLLED CURB (G-4) L.F. 60
12 REMOVAL CURB & GUTTER L.F. 260
13 6" A.C. BERM l.F. 1070
14 A.C. SIDEWALK l.F. 6314
15 PED. RAMP (SOO-101) l.S. 8
16 P.C.C. SIDEWALK S.F. 27500
17 ST. NAME SIGN (SDM-102) EA. 5
18 CITY r~ONUMENT EA. 7
19 RELOCATE STREET LIGHT EA. 1
20 MONOLITHIC CURB, GUT. & srw l.F. 4945
21 SEAL COAT S.F. 374855
22 TYPE B-1 CURB l.F. 6645
23 51/2" P.C.C. X-GUTTER S.F. 600
24 STREET LIGHT - DOUBLE HUNG EA. 15
25 STREET LIGHT - SINGLE HUNG EA. 11
26 TEMP. A.C. PAVING S.F. 7730
27 TRENCH RESURFACING L.F. 2800
28 REPLACE EX 4" HP GAS l.S. 1
29 PAVING (MAJOR STREETS) S.F. 374855 ITEMS 10-29 1,091,505
OS-Dee-90
Ill:> - 2,)
Exhibit B
Acquisition Agreement
Eastlake Development Assessment District 90-3
STREET SYSTEM - DIF
UNIT QUANTITY UNIT I COST
ITEM # DESCRIPTION PRICE
N. HUNTE PARKWAY
30 GRADING - FILL C.Y. 190,000 1.00 190.000
31 GRADING - CUT BALANCE C.Y. 28,000 0.50 14.000
32 LANDSCAPING L.S. 1 1,700,000 1,700.000
33 TRAFFIC SIGNALIZATION L.S. 1 150,000 150.000
34 18" R.C.P. L.F. 352
35 CLEANOUT TYPE A (0-9) EA. , 4 ITEMS 30-35 61,880
36 6" TYPE G CURB (G-2) L.F. 3052
37 6" A.C. BERM L.F. 106
38 PED. RAMP (SDG-l01) L.S. 2
39 P.C.C, SIDEWALK S.F. 10952 I
40 CITY MONUMENT EA. 5
41 GUARD RAIL L.F. 1810
42 GUARD BARRICADE EA. 88
43 ADJ. M.H, COVER TO GRADE EA. 20
44 RE~OVE A.C. BERM & A.C. SNJ L.F. 160
45 SEAL COAT S.F. 228485
46 TYPE B- 1 CURB L.F. 5908
47 STREET LIGHT - DOUBLE HUNG EA. 7
48 STREET LIGHT - SINGLE HUNG EA. 3
49 MONOLITHIC CURB & GUTTER S.F. 2925
50 PAVING (MAJOR STREETS) S.F. 228485 ITEMS 49-72 525.114
SUBTOTAL 4,638.136
51 CONTINGENCY 10o~ 463.814
CONSTRUCTION TOTAL 5,101.950
OS-Dee-90
/11:>- 2. c.
Exhibit B
AcquiSition Agreement
Eastlake Development Assessment District 90- 3
STREET SYSTEM - DIF
UNIT QUANTITY UNIT COST
ITEM # DESCRIPTION PRICE
INCIDENTALS
52 CIVIL ENGINEERING L.S. 1 431.500 431.500
53 LANDSCAPE ARCHITECTURE L.S. 1 162.500 162.500
54 SOILS ENGINEERING l.S. 1 83.500 83.500
55 SURVEYING l.S. 1 171.000 171.000
56 INSPECTION DEPOSIT L.S. 1 189.500 189.500
INCIDENTAL TOTAL 1.038.000
GRAND TOTAL 6,139,950
OS-Dee-90
lib - ,). 7
APPENDIX B
ACTUAL COST INFORMATION
(Bound Separately)
APPENDIX C
PROCEDURAL ORDINANCE NO. 2397
ORDINANCE NO. 2397
AN ORDINANCE OF THE
ESTABLISHING SPECIFIC
ASSESSMENT PROCEEDINGS
CITY
TERMS
OF CHULA VISTA, CALIFORNIA,
AND CONDITIONS FOR SPECIAL
WHEREAS, the City of Chula Vista, California, is a charter city organized
and existing under the laws of the State of California, and is duly authorized
and empowered to make laws as they relate to municipal affairs of the City;
and, .
WHEREAS, at this time this City is desirous to establish certain terms,
conditions and authorizations specifically as it relates to the processing and
formati on for speci al assessment di stri cts under the appl i cabl e 1 aws of the
State of California.
NOW, THEREFORE, BE IT ORDAINED:
SECTION 1. Recitals. That the above recitals are all true and correct.
SECTION 2. Reference to Laws. The provisions of the "Municipal
Improvement Act of 1913," being Division 12 of the Streets and Highways Code
of the State of California, commencing with Section 10000, shall be applicable
to all special assessment proceedings in the City and shall only be modified
and amended as set forth herein.
SECTION 3. Acquisition. Section 10010 ACQUISITION, subparagraph (a) is
amended to include and define acquisition as the following:
(a) Any works, improvements, appl i ances or facil i ti es authori zed to be
made, constructed or acquired under this division ("Municipal
Improvement Act of 1913") and which are in existence and installed
inplace on or before the date of adoption of the Resolution of
Intention for the acquisition therof; the City may finance the
purchase and acquisition of improvements completed after the
adoption of the resolution of intention if the facility or
improvement was constructed as if it had been constructed under the
direction and supervision, or under the authority of, the City.
Ordinance No. 2397
Page 2
Acqui si ti on can a1 so i nc1 ude use or capacity ri ghts in any of the
works, improvements, app1 icances or faci1 ities acquired or
installed pursuant to Section 10109 to 10110 of the "Muncicipa1
Improvement Act of 1913," inclusive. The remainder of Section
10010 shall remain in full force and effect and be app1 icab1e for
all special assessment proceedings conducted by the City.
SECTION 4. This ordinance shall take effect and be in full force on the
thirtieth day from and after its adoption.
Presented by
Works
Bruce M. Boogaard
City Attorney
by .J)
Ordinance ~o. 2397
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 2nd day of October, 1990, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers: McCandliss, Moore, Nader, Cox
Councilmembers: None
Council members: None
Councilmembers: Malcolm
~.&~,
ATTEST:
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1 ss.
CITY OF CHULA VISTA 1
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2397 had its first reading on
September 25, 1990, and its second reading and adoption at a regular meeting
of said City Council held on the 2nd day of October, 1990.
Executed this 2nd day of October, 1990.
~? ~al
Bever y Authelet, City Clerk
COUNCIL AGENDA STATEMENT
Item , 7
Meeting Date 7/9/91
ITEM TITLE: Resolution /"'-31 Ratifying agreement for Material
Testing Services for FY 1991-92 between the City of Chula
Vista and United States Testing Company, Inc., and authorizing
the Mayor to execute on beha~:~~ the City
SUBMITTED BY: Director of Public wor~ rrv
REVIEWED BY: City Manager~ (4/5ths Vote: Yes___No-x-)
The construction of qual ity publ ic works infrastructure improvements depends
in part, on the qual i ty of materi a 1 s used. To assure that we cont i nue to
obtain qual ity improvements, we need to obtain material testing services for
projects built with both public and private funds. These services provide our
inspectors with the ability to assure that the materials supplied to construct
the project meet the project's specifications. These servi ces were provided
to the City by United Stated Testing Company, Inc. during the FY 1990-91
period.
The City Council, in conjunction with the FY 1991-92 budget approval process,
authorized staff to obtain material testing services for FY 1991-92. As a
result of the RFP process, staff has negotiated a contract with United States
Testing Company (USTC) to provide material testing services for the FY 1991-92
peri od. It is est imated that the consultant wi 11 provide between 2,000 and
3,000 person hours of material testing services at a total cost of $150,000.
RECOMMENDATION: That Council ratify the agreement and authorize the Mayor
to execute on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The construction of public works infrastructure improvements requires the use
of quality materials to assure their longevity and usefulness to their owner.
To assure the quality of the improvements, the City of Chula Vista has adopted
construction regulations such as the Regional Standard Specifications for
Publ ic Works Construction (Green Book), CalTrans Standard Specifications, and
City special provisions.
These specifications require the use of quality materials in the construction
of publ ic works infrastructure improvements. In the past, 1 ike most other
agencies in the County, Chula Vista rel ied in the testing performed by the
various product manufacturers supplying materials for the private developments
who would certify the materials as meeting specifications.
Occasionally, materials used for the construction of City projects were tested
via change orders on a project-by-project basis. Realizing the difficulties
in obtaining objective, dependable material testing necessary to properly
inspect both pri vate and publ i c fac i 1 it i es, staff opted 1 ast year to secure
these services directly.
11.. ,
Page 2, Item }~
Meeting Date 7/9/91
In FY 1990-91, USTC services enabled City staff to successfully challenge
substandard materi a 1 and workmanshi p on several projects. USTC' s integrity,
reputat i on and thei r knowl edge of testing methods enabl ed staff to confront
test reports presented by other companies hired by contractors to val idate
poor construction results. The qual ity of the materi a 1 s obtai ned 1 ast year
improved as a result of this testing program. Staff, therefore, would like to
continue the material testing program.
The standard process for selecting consultants was used. A request for
proposal s was sol i cited. Prel imi nary screeni n9 by staff reduced the
appl icants to three which were interviewed by a selection committee composed
of Engineering Division staff. Criteria which were considered included:
1. experience of personnel
2. knowledge of Chula Vista and regional standards
3. laboratory facilities
4. response time to complete tasks
5. ability to meet CalTrans certification
6. costs
Proposals were received from eight firms:
1. United States Testing Company, Inc.
2. Kleinfelder
3. Southern California Soils & Testing, Inc.
4. BSI Consultants, Inc.
5. Construction Testing Engineers
6. Leighton and Associates, Inc.
7. Ninyo & Moore
8. PSI, Inc.
United States Testing Company, Inc. was selected as the firm that would best
meet the City's criteria for selection. They have provided this service to us
in the past and have given us excellent service and are recommended for
selection.
Staff, therefore, has negot i ated a contract wi th USTC to obtain the needed
material testing services for FY 1991-92. These services will include job
site testing and pl ant inspections. The extent of these servi ces wi 11 be
determined on a project-by-project basis and will cover both private and
publ ic projects. The fees for these services will be based on a mutually
agreed fee schedule which varies depending on the test/service provided.
Staff estimates, however, the maximum total fee to be about $150,000 and that
it will require between 2,000 and 3,000 person hours to fulfill. The
Consultant will provide plant inspections/technicians on an as-needed basis.
The agreement provides that the Consultant shall only assign those individuals
specifi cally approved by the Ci ty and that subst itutes or repl acements shall
also be approved. It further grants the City the right to terminate the
contract in the event Consultant is unable to provide acceptable personnel.
I f it becomes necessary to termi nate the contract, the Ci ty woul d select a
replacement firm from the list shown above.
Il.~
Page 3, Item~
Meeting Date 7/9/91
Funding for the material services contract will be obtained from developer
inspection fees and from approved Capital Improvement Program (CIP) funds.
There will be no additional expense to the City's General Fund.
FISCAL IMPACT: The estimated maximum cost of this contract totals
$150,000. However, there is no cost to the City General Fund because the
charges will be paid from developers fees or approved crp projects.
RS:KY-013
WPC 5674E
11,,3
RESOLUTION NO. J""~~L
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND UNITED STATES TESTING
COMPANY, INC., TO PROVIDE MATERIAL TESTING
SERVICES FOR FY 1991-92 AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and UNITED STATES
TESTING COMPANY, INC., to provide material testing services for
FY 1991-92, dated the day of ,
1991, a copy of which is on file in the Office of the City Clerk,
and incorporated herein, 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
Approved as to form by
John P. Lippitt, Director of
Public Works
~.L1~ 7~1
Bruce M. Booga Clty Attorney
9029a
11-~
Agreement with
united States Testing Company, Inc.
for Material Testing Services
during Fiscal Year 1991-1992
THIS AGREEMENT is made and entered into this 9th day of
July, 1991, by and between the CITY OF CHULA VISTA, CALIFORNIA, a
public corporation, hereinafter referred to as "City", and UNITED
STATES TESTING COMPANY, INCORPORATED, a California Corporation,
whose address is 3467 Kurtz Street, San Diego, California 92110,
hereinafter r~ferred to as "Consultant", relates to certain Public
Works Constru~tion Inspection services in the City of Chula Vista,
and is made with reference to the following facts:
RECITALS
WHEREAS, the city provides inspection services for Public
Works-related projects constructed with public or private funds
through.:lUt the City and retains the ultimate decision making
authori~y regarding such inspection services; and,
WHEREAS, in order to provide quality inspection services for
these projects, City anticipates the need for assistance by
Consultant in the testing of materials during the period from July
1, 1991 to June 30, 1992.
WHEREAS, the Consultant represents that it has qualified
personnel and a complete laboratory to perform the wide variety of
material testing duties in accordance with Caltrans testing
requirements and Consultant desires to undertake the same.
NOW, THEREFORE, in consideration of the recitals and mutual
obligations of the duties as herein expressed, City and Consultant
agree as follows:
I. Scope of Service.
A. Consultant agrees to provide qualified field
technicians, laboratory personnel, and complete laboratory
facilities as required to perform the sampling and testing of
materials used in the construction of public works facilities, such
as concrete, soils, and bituminous materials. Testing shall
include, but is not limited to, mechanical analysis, mix design,
density determination, and composition.
B. Consultant agrees to provide qualified personnel that
are experienced in the testing of material used to construct pUblic
works facilities and in the inspection of asphaltic concrete and
Portland Cement concrete plants and familiar with Regional Standard
Drawings and Standard Specifications "Green Book", as amended by
the C1ty of Chula vista, and CalTrans Standard Specifications and
Drawings.
\1.5
C. Consultant agrees to assign personnel capable of
performing the services outlined in the scope of work.
D. In the eveT,t Consultant is unable to provide acceptable
personnel to perform the material testing and/or plant inspection
services, c~ty shall h~ve the right to terminate the contract. It
is estimated that 2000 to 3000 person hours will be required to
fulfill this contract.
E. Consultant agrees to provide appropriate transportation
vehicles, and paging units for personnel assigned to perform the
contract work.
F. Consultant agrees to provide such qualified personnel
from time-to-time as same may be requested by City. However,
requests for material. testing services shall be made with a minimum
notice of twenty-four (24) hours by the city.
G. Consultant, by and through their assigned personnel, are
to provide the services more specifically described on Exhibit "A"
here in attached and made a part of this agreement.
H. standard of Care. Service performed by the Consultant,
and its employees, under this Agreement will be conducted in a
manner consistent with that level of care and skill ordinary
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
I. Where Consultant is called upon, in connection with the
performance of services herein required, to report findings, form
opinions, and draw conclusions, Consultant will separate identify
each, and, with regard to findings, will be reporting the findings
actually observed.
J. Consul tant agrees that their personnel will work at the
direction of the Director of Public Works, the City Engineer, or
their designee while performing the field portions of this
contract.
K. Consultant agrees to participate in Caltrans
Correlation Testing Program (CTP) and provide City with Caltrans
certified personnel to perform the material testing and/or plant
inspection services herein required.
All services of Consultant herein required may be hereafter
cOllectively referred to as "Services".
\I-(D
II. Authorization, Progress and Completion
A. Consultant's Services shall
written Notice to Proceed fnlm City,
Manager, or his designee, and shall be
June 30, 1992.
commence upon receipt of
by and through the City
completed not later than
III. Compensation
A. City shall pay the Consultant in accordance with the fee
schedule attached as Exhibit "f," ("Fee Schedule") and made a part
of this agreement, except that Consultant shall not be paid and
City has neither authorized n,lr appropriated the payment in an
amount greater than $150,000.
B. Consultant will periodically submit invoices to City.
Invoices will show hour charges pursuant to the Fee Schedule.
C. Payment is due upon presentation of invoice and is past
due thirty (30) days from invoice date.
,D. without liability for so stating on either party's
behalf, it is presently estimated that Consultant will provide
between 2000 and 3000 person hours of material testing/plant
inspection services. However, the City reserves the right to vary
the number of person hours contracted for during the duration of
this agreement whether the number of hours varies substantially
less or more than the estimated 2000 to 3000 person hours. The
City Engineer shall determine the level of service the Consultant
is to provide to maintain a level consistent with the City's desire
for quality inspection services.
IV. Responsibilities of City
A. City hereby agrees to supply CONSULTANT all information,
data, reports, records, and drawings possessed by City, and
necessary for carrying out the work outlined in Exhibit "A" hereof,
without charge by City and City shall cooperate in every way
reasonable in carrying out its responsibilities without delay.
City further agrees that where and when an inspection decision
requires the exercise of judgement and discretion, City will do so
without unreasonable delay.
V. Conflicts of Interest
A. Consultant is not a "consultant" as defined in the Fair
Political Practices Act.
B. The Consultant presently has no interest whatsoever in
projects within the City, direct or indirect, which would
constitute a conflict of interest or give the appearance of such
conflict. No person having any such conflict of interest shall be
employed or retained by the Consultant under this Agreement.
\"-'1
Consultant presently has no interest, nor will acquire
during the term of this contract and for 12 months after the
conclusion of this contract any interest, which (a) would
constitute a "financial conflict of interest" as the phrase is used
in, or in the context of, the Fair Poli'':.ical Practices Act if the
Consultant were a public employee working for the City of Chula
vista or its Redevelopment Agency, or (b) which would give the
appearance of such a financial conflict of interest. In addition,
Consultant will not engage in any business relationship with any
person or firms doing business within the Chula vista sphere of
influence area. Consultant shall not tal-e any compensation for the
work performed herein from any other ~,son other than City.
VI. Termination of Agreement.
Notwithstanding the foregoing term herein provided, this
Agreement may be terminated in the following manner:
A. By City for Cause.
If, through any cause, the Consultant shall fail to fulfill
in a timely and proper manner his ojligations under this Agreement,
or it the Consultant shall violate any of the covenants,
agreements, or stipulations of the agreement, City shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination specifying the effective date
thereof, at least five (5) days before the effective date of such
termination. Consultant shall be entitled to receive just and
equitable compensation for any satisfactory work completed to the
effective date of such termination, less any damages suffered by
city caused by any defaults, or other breaches, of Consultant.
B. By City Without Cause.
City may terminate this Agreement at any time and for any
reason by giving written notice to the Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination.
Consultant shall be entitled to receive just and -equitable
compensation for any satiSfactory work completed to the effective
date of such termination.
C. consequences of Termination.
Regardless of the manner of termination, including
termination by natural expiration of the term hereof, all finished
and unfinished work product, including documents and other
materials herein described shall, at the option of the City, become
city's sole and exclusive property.
\,,"\..f
VII. Assignability
The services of Consultant are personal to the City, and
Consul tant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of city except as
outlined in the attached scope-of-work; provided, however, that
claims for money due or to become due to the Consultant from City
under this Agreement may be assigned to a bank, trust company, or
other financial institution without such approval. Notice of such
assignment or transfer shall be furnished prompTly to city. Any
assignment requiring approval may not be further assigned without
City approval.
VIII. Ownership, PUblication, Reproduction and Use of Material:
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and ~ny other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be subject
to private use, copyrights or patent rights by Consultant in the
United states or in any other country without the express written
consent of City. City shall have unrestricted authority to
publish, disclose as may be limited by the provisions of the Public
Records Act, distribute, and otherwise use, copyright or patent, in
whole or in part, any such reports, studies, data, statistics,
forms or other materials or properties produced under this
Agreement.
IX. Independent Contractor:
City is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services required
under this Agreement. City maintains the right only to reject or
accept Consultant I s Work Product. Consul tant and any of the
Consultant's agents, employees or representatives are, for all
purposes under this Agreement, an independent contractor and shall
not be deemed to be an employee of City, and none of them shall be
entitled to any benefits to which City employees are entitled
including but not limited to, overtime, retirement benefits,
workers compensation benefits, injury leave or other leave
benefits.
x. Indemnity:
Consultant agrees to indemnify and save City and its agents
and employees harmless from any and all liability, claims, damages
or injuries to any person, including injury to Consultant's
employees and all claims which arise from or are connected with the
negligent performance of or failure to perform the work or other
obligations of this agreement, or are caused or claimed to be
caused by the negligent acts or willful misconduct of Consultant,
It - 't
his agents or employees, and all expenses of investigation and
defending against same; provided, however that this indemnification
and hold harmless shall not include any claim arising from the sole
negligence or willful misconduct of the city, its agents or
employees.
In the event a court of competent jurisdiction ultimately
determines that both Consultant and City were to some extent the
proximate cause of the damages to a third party, then Consultant
and City shall share the responsibility therefor in the same
proportion as their degree of fault. Finally, in the ever,t such a
claim results in litigation Which is resolved in favor ot City and
Consultant prior to a court determination of proximate c,use, the
parties agree to determine in good faith their relative degree of
faul t and share in the costs of defense and investigation in
proportion thereto. If agreement cannot be reached on this issue,
it shall be resolved by arbitration.
XI. Insurance
Consultant represents and warrants that it and its agents,
staff and other firms employed by it is and are protected by
worker's compensation insurance and that Consultant has such
coverage under public liability and property damage insurance
policies which the Consultant deems adequate. In addition, the
Consultant will provide the following certificates of insurance to
the city:
A. Evidence of statutory Worker's Compensation coverage
plus $1 million Employers liability coverage, which names the City
of Chula vista as additional insured.
B. Evidence in the form of a Certificate of Insurance and
Policy Endorsement, or General and Automobile Liability coverage to
$1 million combined single limits which names the city of Chula
vista as additional insured.
C. Evidence in the form of a Certificate of Insurance of
Errors and Omissions insurance to $1,000,000, unless Errors and
omissions coverage is included in General Liability.
D. All insurance carriers shall comply with the items
listed below:
1. Listing by the state Insurance Commission as a
company authorized to transact the business of
insurance in the state of California.
2. Best's Rating of "A", Class v, or better.
3. Primary Endorse~ent. Provide that Consultant's
coverage shall be pr1mary to any coverage separately
owned, purchased, or maintained by City.
t'"1.'O
4. Cross Liability coverage. Provide that
Consultant's policy(s) which name City as additional
insured shall also insure City's employees as if and
though they were members of the general public.
XII. Disputes
In the event that a dispute should arise relating to the
performance of the services to be provided under this Agreement,
payment shall be as later determined by arbitration, if the citf
and the Consultant agree thereto, or as fixed in a court of law.
Should that dispute result in litigation, it is agreed that the
prevailing party shall be entitled to recover all reasonable costs
incurred in the defense of the claim, including court costs and
attorney's fees.
(end of page. next page is signature page.)
\ I' "
EXHIBIT A
SCOPE OF WORK
MATERIAL TESTING SERVICES
SCOPE
li sted below is a general descri pt i on of the numerous tests that will be
performed during this contract. .
SECTION A. - SOILS TESTING
1. Laboratorv Maximum Densitv tests in accordance with ASTM D-1557,
Method C.
2. Densitv of Soil in Place bv the Sand-Cone method in accordance with
ASTM D-1556.
3. Density of Soil and Soil Aqqreqate in olace by the Nuclear method in
accordance with ASTM D-2922.
4. Moi sture content of Soil and Soil Aqqreqate in olace bv the Nucl ear
method in accordance with ASTM D-3017.
SECTION ~. - CONCRETE TESTING
1. Comoressive Strenqth of Cvl indrical Concrete Soecimens in accordance
with ASTM C-39.
SECTION C. - BITUMINOUS/ASPHALT CONCRETE TESTING
1. Quantitative Extraction of Bitumen from Bituminous Pavinq Mixtures in
accordance with ASTM D 2172, Method B or California Test 362.
2. Sieve or Screen Analysis of Fine and Coarse Aqqreqates in accordance
with ASTM C 136 or California Test 202.
3. Sand Eauivalent Value of Soils and Fine Aqqreaate in accordance with
ASTM D 2419 or California Test 217.
4. Loss in LA Rattler in accordance with California Test 211.
5. Swell in accordance with California Test 305.
6. Maximum Density Determination of Asohalt Concrete by the Hveen Method
in accordance with ASTM D 1560 and D 1561.or California Test 304.
7. Theoretical Maximum Density Determination of Asohalt Concrete in
accordance with ASTM D 2041.
8. Stabil ometer Value of Asohalt Concrete in accordance with Cali forni a
Test 366.
9. Density of Bituminous Concrete in Place by Nuclear Method in
accordance with ASTM D 2950.
\ ""\.. , 'l.
EXHIBIT A
SCOPE OF WORK
MATERIAL TESTING SERVICES
SECTION O. - PLANT INSPECTION
Prov; de full-t ime plant ; nspect i on of Aspha 1t Concrete and Portland Cement
Plants to assure proper operation, and proportioning in accordance with
requirements of project specifications. Including certification and reports
of monitoring and required corrections and adjustments. Payment shall be per
hour for time spent at the plant.
SECTION E. - "R" VALUE TESTS
"R"existence Value Tests of Soils in accordance with ASTM 0-1557 shall be
provided' on samples of material selected by the City and picked up by the
laboratory at the site. Test results reported shall include a description of
the materials, "R" value containers shall be supplied by the laboratory.
WPC 4982E
-2-
\1. ~ 13
UNITED ST"TES TESTING COMPANY, INe.
Engineering &: Support Services
3467 Kurtz Street, California 92110
Telephone: 6191225-964
FAX: 6191224-8950
EXHIBIT B
FEE SCHEDULE
MATERIAL TESTING SERVICES
LESS 10% DISCOUNT
PROFESSIONAL SERVICES; {per hourl
Principle Engineer...__.._.. ..
Certified Engineering Gcologist.-__...
Registered Enginccr..__ ___
Environmental Engineer..._ ...
Registered Environmental Asscssor..._____
P' l:"~";~ G I .
rOJect ~eer! eo ogISt.........___..._.....
Staff Enginccr!Gcologist.._..._._........_...
Draftsman............................_......_____...
RoofinglWalerproofing COnsultant..._.....__......
Contractor Quality Control Representative...._....
Submittal Reviewer....___....._..._.__.._....
Mechanica1lElcctrical Inspector ......._.._...__.
Registered Special Inspector........._..._...._._..
(Concrete, Masonry, Welding, Pre-Stress)
Pile Driving Inspcctor..........._._...._.........._.......
OSA/OSHPD Inspector............................................
RoofmlVW alerproofing Inspector............................
Technician......................................................__...
With nuclear gage add................................._....
With pull-out equipment (up to 30 tons) add...
Non-Destructive Testing Inspector
Ultrasonic, magnetic particle, dye penetrant....
Radiography ................_..................._..............
MINIMUM CHARGES;
$ 90
8S
8S
8S
8S
75
60
50
8S
Quole
Quote
Quote
42
OVERTIME RATES :
Our rcguIar working hours are from 6:00 am. to 4:30 p.m.
Monday through Friday. Overtime rates will be charged
for any time outside our required working hours, over eight
hours in one day, weekends and holidays. All overtime will
be charged at the rate of time-and-one-haH except for
Sundays at double time and holidays at two-and-one-hal!
time.
Established special work shifts will be charged as follows:
Swing Shift, add 10%
Grave Yard Shift, add 20%
50 The following shall be considered holidays:
50 New Year's Day Veteran's Day
42 Memorial Day Thanksgiving Day
40 L~ Independence Day Friday after Thanksgiving
's.. 0 Labor Day Christmas Day
8 President's Day
42
Quote
Technicians
Show up .....................................__.......__.. 2 hours
Minimum charge......................._.._....._..... 2 hours
Inspectors
Show up.........................................__............._ 2 hours
One-half working day or less..._..........._.. 4 hours
(\ Over 4 hours .................................__..._...... 8 hours
[,.... Charg.~ tJa&IEl feRal is ,altai
COring...._.................................................................. 2 hours
Per Dicm....... Actual Cost + 15% (minimum S65.00!day)
SCHEDUUNG :
A minimum of 24 hours notice is required to schedule or
cancel personnel If 1166 thas J1ltsurs seael i5 pre-Jid,d
as a &asseUa~es, a &11.9-:: up _LA~e will "aul([ld. LA
Fee Schedule 1O-Q
\1-11
MILEAGE:
Mileage will be charged for travel outside San Diego
County at SO.40 per mile.
SUPPORT SERVICES :
PickuplDelivcry (per trip within San Diego County)
Word Prnr....;"glSecretarial (per hour)...._....._
File search, re-issue of report, copies (minimum)..
FAX (each page)......._..............................................
OIJTSIDE SERVICES:
$30
40
40
1
Cost plus 30% will be charged for any work not directly
performed by our office.
COURT APPEARANCE AND DEPOSlilONS :
Up to hal!-day._...._......_.._._._............
Over hal!-day_..__....._.__......
Preparation of Testimony (per hour)......_............
S 600
1,200
90
Pagel oD
.-
EXHIBIT B
MATERIAL TESTING SERVICES
FEE SCHEDULE
TESTING
LESS 10 % DISCOUNT
A preparation charge will be added to aD samples submitted to the laboratory that are not ready for testiDg. This preparation
charge will be based On the actual time required and at the laboratory lcclmician's rate oC $40.00 per hour. This testing
laboratory agrees to exercise rcasooable care in ol-t.;n;ng. preserving. and caring for the samples to be tested, but assumes
no fCS}:>Onsibiliry for damages, either direct or consequential, which arise or are aDeged to arise from loss, damage or
destruction of samples due to circumstances beyond this testing laboratory's control Samples arc discarded after testing
unless requested otherwise in writing by the client. A per month fee is charged for retained samples.
~:.ETE: (per specimen)
Compr ..ssion Tests
6 xU cylinder ASTM C39 ___...._.. $ 13
Gunite/Shotcrete Panels, 3 cut cores
per panel (set). _._" 175
Cores, ASTM C42 (excludes sample preparation) 20
Lightweight Concrete Fill, ASTM C496 ..__....... 25
Aexural Test, 6x6x18, ASTM C78..__._.......__..... 35
Modulus of Elasticity, static, ASTM C469................ 75
Concrete Mix Design (includes aggregate testing).. VO
Concrete Mix Design Revision or Review................ 80
Drying shrinkage (3 specimens.28 days)
ASTM C157 MOD (set)...................._._..._ 180
Unit Weight, lightweight concrete filL........._.._.._ 25
Spliting Strength Test, ASTM C496.......................... 30
Cement Testing..........__.......__......__......._...... Quote
Trial Batch (includes mix design, aggregate
testing, 6 compression tests).._..........._.__......... 500
MASONRY: (per specimen)
Compression Tests
Mortar, 2><4 cylinder UBC .......;_......................... $ 13
Grout UBC...............__..__._..................._......... 15
Cores (excludes sample preparation)................. 25
Composite Prism (under 400,000 Ibs) UBC
Full size, 8xl6xl6.......___..__................._...... 80
Half size, 8xl6"g._.._........_....._................_. 65
Shear Test, cores (excludes sample preparation)... 45
BLOCK (ASTM C140): (per specimen)
Compression Test, to 8x8x16 ASTM E447...._........ $ 25
Compression Test, larger than llx8x16 ASTM E447 30
Moisture Condition by relative humidity ASTM C427
First unit.__........._.__._......____........_.......... 150
Each additional unit ......_......____........... 75
Effiorcscence, block only...._._____......... 20
Block with Dtortar.........................._..._.._.......... 30
Conformance Package ASTM C90..._..._.___.. 300
Fee Schedule ID-6
\1. - IS
BRICK (ASTM C87): (per speclInen)
Modulus of Rupture_
Compression Test.__
Absorption, 24 hour submersion
Absorption, 7-day.....__.__
Boiling, 5 hour._...___.
Saturation Co-Efficient, includes Absorption..._..
Emorescencc.._.._.._._..._._____...
Moisture as rcccived........._......_.___.....__.......
Complete set of UBC required tests (set)._........
ROOFING: (per specimen)
Roofing Tile
Strength Test UBC........._......._.
Absorption UBC.....__...____......_.............
Asphalt Roofing, cut-out samples (excludes sampling)
Asphalt Softening PoinL....__.....__..........._ 125
Roofing Material Analysis
ASTM D2829 with surfacing.._._.__.......
ASTM D3617 without surfacing...._.............
Asbestos Evaluation (per ply).._..__._._......__.....
STEel: (per specimen)
$20
20
15
35
25
25
20
15
350
S 18
18
275
125
15
Reinforcing Steel
Tensile Test ASTM A615
No. 11 bars & smaDer......_.._._.._...._ S V
No. 14 bars & larger (to minimum
requirements only)........___ 48
Bend Test: No. 11 bars and smaDer..._........ 22
Welded Specimens (rebar)
Tensile Test: No. 11 bars & smaDer.............. 30
Tensile Test: No. 14.._......_ 50
Tensile Test: No. 18.....__......__._.......... 70
MechanicaDy Spliced Bar Tensile Tcst...._..._ 70
Pre.Stress Strand (7 wire) ASTM A416__..._ 75
Structural Steel (excludes machining)
Tensile Test: up to 200,000 Ibs. ASTM A370.. 30
Bend Tcst....._._....._.__ 20
Pipe Flattening Tcst.__.. 20
Mechanical TeSts
Hardness Test, Rockwell. _.._.. 30
Page 2 oD
EXHIBIT B
MATERIAL TESTING SERVICES
LESS 10% DISCOUNT
SOILS: (per apeclo, ...n)
Soil Classi.fication ASTM 02487 $ 200
P1asticity IndexILiquid Limit ASTM 0424_ 120
Laboratory Compaction Test (Moislure Density)
ASTM 01557 (4 Mold) 100
ASTM 01557 (6' Mold) 125
CaliIornia MethoJ 216 ( each curve) 125
R-Valuc (minimum 3 pts.),
CaliIornia Test Method 301 145
CaliIornia Bearing Ratio ASTM 01883
includes MID Curve 350
Cement Treated Bas. laboratory design
(soil cement) (eah set) 425
Cement Treated Bas.. compression lest 20
Moisture Content ASTM 02216 15
UBC Expansion Test ASTM 03080 110
Oirect Shear Test..._..._ 150
ConsolidatinDS ASTM 02435 (per point) 40
AGGREGATES: (per spec/llIe.,)
Sieve Analy:;is, ASTM C136 (Gradation)
Coarse A ggregate.......__..._... $ 40
Fme Aggregate (including wash)... 50
Specific Gravity
Coarse, ASTM C127_....._.....__. 30
Fme ASTM C128.._._..........__ 40
Absorption
Coarse ASTM C127..............._........ 18
Fme ASTM C128..._..__..._..._..... 22
Cleatmess Value,
California Test Method m........._..... 57
Sand Equivalent,
California Test Method 217........__ 65
Ourability Test, California Test Method 229
COarse................................................__.... 90
Fme............................................_.....__ 65
Sodium of Magnesium Soundness, per size
Fraction ASTM C88 (fraction)........-.:.._. 60
Los Angeles Rattler, ASTM C13!...... 120
Organic Impurities in sand, ASTM C40 30
Crushed Particle, ASTM.._....._. 100
Clay Lumps and Friable Particles ASTM CI42-... 70
Mortar making properties of fine aggregates
ASTM C87................._.......___.. 200
ASPHALllC CONCRETE: (per speclmen)
Stability Tests, Hveem California Test Method 304
or Marshall ASTM 01559......_ .... $ 100
Swell, California Test Method 30S
Extraction, % Asphalt, including Gradation
ASTM 02922-
Mmmum Theoretical Unit Weight (Rice Gravity)
ASTM C2041
Unit Weight Sample requiring compaction,
California Test Method 308
Unit Weight compacted sample or core,
California Test Method 308
Asphalt Mix o...igJ'
Asphalt Mix Design Review
Film Stripping..._ __........
CORING & SAWING (COl"-de. asphalt, ITIIISOrVyj :
Sawing Operator &: Rig (per hour)........_............ $ 8S
Coring Operator &: Rig (per hour).___..._... 75
Assistant (per hour)...___.................................. 32
Blade Charge (per lineal foot)..._........_..._............. 1
SPECIAL TESTING:
50
120
6S
6S
40
...... Quote
135
50
Universal Testing machine and operator (400,000 Ibs.
capacity) 1 hour minimum (per hour)_........... $ 200
Hydraulic Jack Cah'bration ..__.._.._......... 200
WELDER QUAUFlCAl10N & WElDING PROCEDURE
OUAUFlCATlON :
The following fees includes mmmum of two hours inspec.
tion. Material and welding equipment are DOl included.
American Welding Society (A WS 01.1)
Limited thickness plate (per position)...............
Unlimited thickness plate (per position)...........
Pipe (per position).._....___..............
American Welding Society (A WS 01.4)
Bar sizes #3 thru #9 (each)..._......._.......
Bar sizes #10 and #11 (each).__...._..........
Bar sizes #14 and #18 (each)_..___.........
American Society of Mechanical Engineers (ASME)
Plate or pipe procedure qualification (each)....
Plate or pipe welder qualification (each)...........
American Welding Society (A WS 01.3)
Light gage metal (includes bUll and plug weld)
Procedure Qualification per A WS, ASME
or Military'Standards..
$ ISO
200
200
ISO
200
22S
soo
SOO
150
Quote
Please nOle thaI this Fcc Schedule contains only the more common services performed by this office and is not a complete list.
ing. Please call for a quotation if your service needs are nOllisted herein. Discounts will be considered for long term or quan-
tity services. There will be a 30% premium 011 aU laboratory test "RUSH" orders.
Fee Schedule 10-6
n../~
Page30f3
COUNCIL AGENDA STATEMENT
Item 18
Meeting Date 7/9/91
ITEM TITLE: Resolution 1t,;t~C> Ratifying agreement for public works
construction inspection services for FY 91-92 between the City
of Chula Vista and B.S. I. Consultants, Inc. and authorizing
the Mayor to execute on behalf of the City
SUBMITTED BY: Director of 11 ic Works !fII/
REVIEWED BY: City Manage~) (4/5ths Vote: Yes___No-X-)
The City Council in conjun~iOn with the FY 1991-92 budget approval process
authorized staff to obtain contractual construction inspection services to
meet the current construction activity demand. As a result of the RFP
process, staff has negot i ated a contract with B. S. I. Consultants to provi de
for public works construction inspection services during the FY 91-92 period.
It is estimated that the consultant will provide between 2000 and 4000 person
hours of construction inspection services at a total cost of $202,000.
RECOMMENDATION: That Council rat i fy the agreement and authori ze the Mayor
to execute on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
It has been our practice to supplement City staff during times of peak
workload with contract employees. For the past three years, we have
experienced an unprecedented high level of development activity and have
contracted with B.S.I. Consultants for inspection services. This high level
of construction activity is expected to continue for the FY 1991-92 period.
Also the City has major CIP projects scheduled for construction this year
which will give in-house inspectors less time for private development work.
Thus, it is not possible to provide the required level of inspection services
with current Engineering Inspection staff. The City Council, in conjunction
wi th the FY 1991-92 budget approval process, authori zed staff to obtain the
needed contractual construction inspection services. Payment for these
services are charged directly to the developers. If development is less
active than anticipated, we will use fewer hours of inspection services.
Inspection services are rebid annually and in response to our Request for
Proposals, we received six proposals.
The standard process for selecting consultants was used. A request for
proposal s was sol icited. Prel iminary screening by staff reduced the
appl icants to three which were interviewed by a selection committee composed
of Engineering Division staff. Criteria which were considered included,
experience of the firm and employees that would be assigned to Chula Vista,
knowl edge of Chul a Vi sta standards and procedures, and the fi rms abi 1 i ty to
provide quality management staff. The proposals in ranked order were:
1. B.S.I. Consultants
2. Willdan Associates
3. Dudek and Associates
4. Kercheval Engineers
5. Pace Setter Municipal Services
6. CPM+
If-I
Page 2, Item
Meeting Date 7/9/91
B.S.I. Consultants was
criteria for selection.
have given us excellent
selected as the firm that would best meet the City's
They have provided this service to us in the past and
service and are recommended for selection.
The inspectors currently assigned to the City will be backed by equally
experienced substitutes in the event that they are absent or retire due to the
depth of trained, experienced personnel employed by B.S.I. Consultants.
Staff, therefore, has negotiated a contract with B.S.I. Consultants, Inc. to
obtain the needed construction inspection services for FY 91-92. These
services will include the inspection of grading work, the construction of
curb, gutter, sidewalk, driveways, storm drain, sewers, street lights, asphalt
concrete and portland cement concrete pavements. B.S.1. will be compensated
for the inspector's servi ces at 1 ast year's rate of $50.00 per hour for the
first six months of the contract. They will be compensated at a rate of $51
per hour for the last six months of the contract. Therefore, the maximum
total fee totals $202,000 (2,000 person hours of construction inspection
servi ces at $50/hour pl us 2,000 person hours of construction inspect i on at
$51/hour). The Consultant will provide as many as three inspectors to fulfill
the contract on an as-needed basis. B.S.I. will provide the inspector's
vehicle and a paging unit under that hourly rate.
The agreement provides that the Consultant shall only assign those individuals
speci fi ca lly approved by the City and that subst itutes or repl acements shall
also be approved. It further provides that the City shall have the right to
terminate the contract in the event consultant is unable to provide acceptable
personnel. If it becomes necessary to terminate the contract, the City would
select a replacement firm from the list shown above.
It shoul d be noted that the contract inspectors wi 11 be assigned to projects
within the El Rancho del Rey Specific Plan Area, the Eastlake Greens
Development and Sunbow. Therefore, the expense for this contract will be
reimbursed by developer's fees.
FISCAL IMPACT: The estimated maximum cost of thi s contract total s
$202,000. However, there is no cost to the Ci ty because the charges will be
reimbursed by developer's fees.
RS:mad/KYOI3
WPC 5675E
/1-1-
RESOLUT ION NO. J l,p tlf,o
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND BSI CONSULTANTS, INC.,
TO PROVIDE FOR PUBLIC WORKS CONSTRUCTION
INSPECTION SERVICES DURING FY 91-92 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 by the Ci ty Council of
the City of Chula vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and BSI
CONSULTANTS, INC. to provide for public works construction
inspection services during FY 1991-92, dated the day
of , 1991, a copy of which is on file in the
Office of the City Clerk, and incorporated herein, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the Ci ty 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
Approved as to form by
John P. Lippitt, Director of
Public Works
(In( ~
lfr - .3
COUNCIL AGENDA STATEMENT
Item 1'1
Meeting Date 7/9/91
ITEM TITLE: Reso 1 ut i on /~~ 1./1 Approvi ng a consultant contract for
performance of profess i ona 1 servi ces associ ated with the
Metropolitan Sewerage System and City sewer matters
SUBMITTED BY: Director of Public Work~~
REVIEWED BY: City Manage~ (4/Sths Vote: Yes___No~)
The City of San Diego is in the process of designing an upgrade of the
Metropol itan Sewerage System to conform with EPA discharge requirements; a
$2.4 bi 11 i on construct i on project. Such a project will requ i re the servi ces
of a knowl edgeabl e consultant who can ass i st the Chul a Vi sta City staff wi th
planning and review. It is proposed that the City enter into a new agreement
with Mr. William Harshman to replace the current agreement which expires on
June 30, 1991, to perform such professional services.
RECOMMENDATION: That Council adopt the resolution approving the contract
and authorize the Mayor to execute the document on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City Council on June 12, 1990, by Resolution No. 15669, approved an
extension of a contractual agreement with Mr. William Harshman for providing
sewerage-related professional services. This contract will terminate on June
30, 1991. It is proposed that Mr. Harshman be reta i ned on an hourly bas is at
the rate of $40 per hour for a maximum of 500 hours during Fi scal Year
1991-92. Mr. Harshman was formerly employed by the City and assisted in the
formulation of the existing agreements and amendments between the City and the
Metropolitan Sewerage System (Metro). This knowledge and experience in
sewerage matters can continue to assist us during the process of upgrading the
Metro System.
The upgrade of the Metro System is now in the design phase and more detailed
construction and financing cost estimates are now available. The construction
of the proposed secondary treatment and water reclamation system will require
approximate ly ten years to complete at a construction cost of about $2.4
billion in 1990 dollars. If Chula Vista remains as a participating agency in
the Metro System, the City will be required to participate in the upgrade and
sewer service charges will need to be increased by more than 100 percent by
the year 2000.
l'i .../
Page 2, Item 1'1
Meeting Date 7/9/91
Treatment and financing decisions regarding the Metro System will affect Chula
Vista for many years in the future. To assist in the decision making process,
a feasibil ity study was prepared by a consultant to investigate and evaluate
for the City of Chula Vista all reasonable options for wastewater collection,
treatment, disposal and reuse. Further studies regarding specific site
1 ocat ions, detail ed cost est imates, fi nanci a 1 and 1 ega 1 aspects will be
performed during Fiscal Year 1991-92. It is desirable to hire a consultant
who is famil iar with the City system to assist in the review and decision
making process.
It is proposed that the City use a sole source agreement due to Will iam
Harshman's unique experience and familiarity with the City. Mr. Harshman
worked as a City employee for 33 years during which one of the his primary
duties was in sewerage matters. He served the City an additional 5 years as a
sewerage consultant.
This contract will be for 13 months, from July I, 1991 to July 31, 1992. This
extra month will allow preparation of the next annual contract, if needed, to
follow adoption of the City budget without disrupting service during that time.
Actual assignments to be made to Mr. Harshman and their prioritization shall
be determined by the Director of Public Works.
FISCAL IMPACT: Maximum fees paid to Mr. Harshman shall not exceed $20,000.
Actua 1 costs will depend upon number of hours of work performed. The costs
will be paid from the Trunk Sewer Capital Reserve Fund.
EMC:KY-054
WPC 5654E
)C{-2..
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING AGREEMENT WITH WILLIAM
HARSHMAN FOR PERFORMANCE OF PROFESSIONAL
SERVICES ASSOCIATED WITH THE METROPOLITAN
SEWERAGE SYSTEM AND CITY SEWER MATTERS,
WAIVING COMPETITIVE NEGOTIATION OF SAID
AGREEMENT, AND AUTHORI ZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, the City of San Diego is
designing an upgrade of the Metropolitan
conform with EPA discharge requirements; and
in the
Sewerage
process
system
of
to
WHEREAS, such a project will require
knowledgeable consultant who can assist the
staff with planning and review; and
the services of a
Chula vista Ci ty
WHEREAS, it is proposed that the City enter
agreement with Mr. William Harshman to replace
agreement which expires on June 30, 1991, to
professional services.
into a new
the current
perform such
WHEREAS, Mr.
services substantially
new services, which in
Harshman's prior independent contractor
assist in the potential performance of the
many instances continue prior work, and
WHEREAS, competitive negotiation of
pursuant to Chula vista Municipal Code Section
be cost-effective.
the new agreement
2.56.220 would not
NOW, THEREFORE, BE IT
the City of Chula vista that
Agreement for services would
waived.
RESOLVED by the City Council of
competitive negotiation of this
be impracticable and is hereby
BE IT FURTHER RESOLVED that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
WILLIAM HARSHMAN for consulting services for the performance of
professional services associated with the Metropolitan Sewerage
System and City sewer matters, dated the day of ,
1991, a copy of which is on file in the Office of the City Clerk,
and incorporated herein, the same as though fully set forth
herein be, and the same is hereby approved.
l~- 3
-1-
BE IT FURTHER RESOLVED tha t the Mayor of the Ci ty 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
Approved as to form by
John P. Lippitt, Director of
public Works
VYu:~
9037a
lQ-'4- -2-
CONTRACT FOR SEWERAGE CONSULTANT SERVICES
THIS CONTRACT for sewerage-rel ated profess i onal servi ces is entered into
and is effective as of this 1st day of July 1991, by and between the City of
Chula Vista, a municipal corporation, hereinafter called "City" and William
Harshman hereinafter called "Sewerage Consultant" or "Consultant".
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto
as follows:
1. SCOPE OF PROJECT
In the performance of the duties and responsibil ities set forth in this
agreement, Sewerage Consultant shall act strictly in a professional capacity
as an independent contractor for all purposes and in all situations and shall
not be considered an employee of the Ci ty of Chul a Vi sta. The Sewerage
Consultant acknowledges that he is not an employee of the City of Chula Vista,
and said City is not obligated nor charged with the responsibility of
withholding income taxes from any payments due the Sewerage Consultant nor is
the City obl igated to pay social security taxes, nor F. I.C.A. taxes upon or
for the Sewerage Consultant. The Sewerage Consultant reserves full control of
his activities as to the manner and selection of methods with respect to
rendering his professional services to the City of Chula Vista. The reports,
correspondence, and agreements prepared by the Sewerage Consultant shall be
subject to the review and approval of the Director of Publ ic Works and all
such documents shall become the property of the City of Chul a Vi sta. The
Sewerage Consultant agrees to perform the bul k of hi s act i vi ties upon the
City's premises at a designated location in the Engineering Division, 276
Fourth Avenue, Chula Vista, California. Permission to perform duties at an
alternative location shall be subject to specific approval in each instance by
the Director of Public Works.
2. OTHER EMPLOYMENT
Consultant may not conduct busi(less for third parties which may be in
confl i ct with Consultant's respons i bil it i es under thi s contract. Consultant
may not solicit any business during the term of this contract which conflicts
with his responsibilities under the contract.
3. PERIOD OF SERVICE
The Sewerage Consultant shall perform and compl ete profess i ona 1 servi ces
as specified during the contractual period, which shall commence on July I,
1991, and terminate on July 31, 1992. Payment for services in FY 1992-93 is
contingent upon appropriation.
4. NATURE OF SERVICES TO BE RENDERED
The following is a listing of potential tasks provided for the purpose of
depicting the nature of work to be performed under this contract. Assignments
are intended to be limited to sewerage-related matters.
-1-
R I (.,.,J '-( \
<t,,,q I - I L '--1
\q _ L~
A. Aid the Director of Publ ic Works in Metro Sewer matters such as
negotiating with the City of San Diego on Metro costs.
B.
Aid the Director in discussions,
relating to upgrading of the
alternatives to Metro.
negotiations and document review
Metro System and evaluating
C. Advise and assist the City staff in discussing sewer-related
subjects.
D. Aid in revision of the City Code relative to sewage matters.
E. Aid in preparation and/or implementation of the City's Financial
Plan and Revenue Program.
These tasks may require the Sewerage Consultant to perform training, and
prepare agreements, ordinances, resolutions, written reports and agenda
statements. It may also require oral presentations by the Sewerage Consultant
at meet i ngs, conferences, and workshops. In connect i on with the performance
of'this work, the Sewerage Consultant shall be obl igated and compensated to
attend all meetings of the City Council at which his recommendations will be
considered unless approval for absence is given by the Director of Publ ic
Works.
These tasks may, furthermore, entail the Sewerage Consultant's
coordination with the line and staff departments of the City of Chula Vista,
County of San Diego, City of San Diego, and other governmental agencies.
5. TIME SCHEDULE FOR COMPLETION OF TASKS
It is the intent of thi s agreement that the Sewerage Consultant shall
perform assigned tasks on a part-time, but as-needed basis.
The Consultant and the Director of Public Works shall establish a
mutually acceptable schedule for the performance of work. Deadl ines
established for specific tasks assigned shall reflect such schedule. The
schedule may be revised for the accomplishment of pressing or emergency
matters.
The total time spent will not exceed 500 hours but may be less depending
on the City's needs.
6. CITY RESPONSIBILITIES
A. The Sewerage Consultant shall coordi nate hi s act i vit i es with the
Director of Public Works who shall, at the expense of the City,
assign technical and professional personnel to the service of the
Sewerage Consultant to assist in completing the projects specified
in paragraph 4. Such coordination shall include regular
consultation for the purpose of monitoring and assessing progress,
and to formulate indicated program changes so as to more effectively
achieve the program objectives as may be agreed upon from time to
time.
-2-
\ C\_ ~~;.
B. The City shall provide the following to the Sewerage Consultant at
City's own expense:
1. Clerical services.
2. Office space and meeting, drafting, and filing facilities.
3. Office supplies, drafting materials, and printing and
duplicating supplies and services.
4. Maps, topographic information, aerial photographs, and other
documents which the City has at hand, or can acquire at a
reasonable cost.
5. Mileage reimbursement at $.30 per mile plus parking fees.
7. COMPENSATION
In consideration of the satisfactory performance of the Sewerage
Consultant, the City of Chula Vista agrees to reimburse the Sewerage
Consultant in the amount of forty dollars ($40.00) per hour. Minimum
compensation for attendance after 5:00 p.m. at evening Council meetings shall
be the equivalent of one hour's pay.
8. LIABILITY
Sewerage Consultant agrees to defend, indemnify, protect and hold City
and its agents, officers and employees harmless from and against any and all
claims asserted or liability established for damages or injuries to any person
or property which arise from or are connected with or are caused or claimed to
be caused by the acts or omi ss ions of Sewerage Consultant in performi ng the
work or services herein, and all expenses of investigating and defending
against same; provided, however, that Sewerage Consultant's duty to indemnify
and hold harmless shall not include any claims or liability arising from the
establ ished sole negl igence or willful misconduct of the City, its agents,
officers or employees.
9. TERMINATION
The City shall have the right to suspend or abandon the work assigned to
Consultant in whole or in part at any time, and the City shall have the right
to terminate this agreement for reasonable cause at any time upon 30 days
wri tten notice wi thout any 1 i abil i ty to the Sewerage Consultant except the
Sewerage Consultant shall be paid all salary due up to the time of suspension
of the contract. Upon completion of each assigned task, any documents
including computer data files prepared under this agreement by the Sewerage
Consul tant shall be forthwi th transmi tted to the City and they shall be the
sole property of the City.
-3-
\ C\. \
10. ASSIGNS
Neither this agreement nor any part thereof, nor any monies due or to
become due thereunder, may be assigned by the Sewerage Consultant without the
consent and approval of the City.
11. AMENDMENT
This agreement may be amended at any time by mutual consent.
Dated:
J~ "il \9'9 ,
~
o
"""'"
Will i am Harshman
Mayor, City of Chula Vista
Approved as to form:
~".LJ ~ "7(~/'i1
1k5t City Attorney
WPC 5655E
-4-
ICL V
I \ '-~
COUNCIL AGENDA STATEMENT
Item ~b
ITEM TITLE:
Meeting Date 7/9/91
Reso 1 ut ion jI,')..cJ.2... Accept i ng report and decl ari ng the
City's intention to establish Chula Vista Open Space District
No. 24 and setting the time ~~~lace for hearing thereon
Director of Public Works~~ ()
Director of Parks and Re~eatio~
City Manag~ (4/5ths Vote: Yes___No~)
SUBMITTED BY:
REVIEWED BY:
On May 28,1991, by Resolution 16178, Council initiated the proceedings for
the formation of Open Space Maintenance District No. 24, Canyon Views, and
ordered the City Engineer to prepare and file a report in accordance with the
Streets and Highway Code. The report is now before Council for review and
approval.
RECOMMENDATION: That the City Council:
1. Approve the Engineer's Report.
2. Adopt a resolution declaring the Council's intention to form the proposed
di stri ct in accordance wi th Section 17.07.020 of the Muni ci pal Code and
Section 22587 of the Streets and Highways Code.
3. Direct the City Clerk to notice the publ ic hearing in accordance with
Sections 22556 and 22588 of the Streets and Highways Code.
4. Set July 23, 1991 at 6:00 p.m. as the date and time for public hearing.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Report on Proposed Open Space District No. 24 Canvon Views
I. BackQround
This report was prepared pursuant to City Council direction and in
compliance with the requirements of Division 15, Part 2, Chapter 1 of the
Streets and Highways Code of the State of California and the Chula Vista
Municipal Code, Sections 17.07.
On August 9, 1988 by Resolution 13726, Council approved the tentative map
for Canyon Vi ew Homes, Chul a Vi sta Tract 88-8. The fi na 1 map (Map No.
12507) was approved on October 27, 1989 by Resolution 15369. One of the
conditions of approval required that the open space lots created by the
map be included within an open space maintenance district. The
developer, Canyon View Homes, has petitioned for the formation of an open
space maintenance district to maintain said lots. However, since the
petition was received, a number of properties have been sold thereby
requiring a public hearing for the formation of the district.
2~-1
Page 2, Item ~
Meeting Date 7/9/91
II. Boundaries of District
The boundary of the di stri ct corresponds to the boundary of Chula Vi sta
Tract 88-8, Canyon View Homes and is shown on the Assessment Diagram on
file in the Office of the City Engineer. A reduced copy, Attachment "A"
is included in this report. As permitted in the Streets and Highways
Code Section 22571, the details of the individual lots (lines, dimensions
and bearings) to be maintained are shown in the County Assessor's Maps
for the properties on file in the San Diego County Assessor's office.
III. Maintenance Items
The areas to be ma i nta i ned by maintenance contract cons i st of four open
space lots totalling 119,746 square feet and designated as Lots C, D, E
and H on the Assessment Diagram. These are the highly visible slopes
adjacent to East H Street and Rutgers Avenue. The facil ities and items
of maintenance included within the District are as follows:
1. Maintain landscaping and irrigation system improvements within the
designated open space lots.
2. Maintain the stucco walls located within the open space lots.
3. Maintain drainage facilities within the open space lots.
The proposed maintenance program for Open Space District 24 consists in
general of the following:
1. Repair, removal, or repl acement of all or any part of any
improvement.
2. Irrigation, fertilization, trimming, and replacement of dead or
diseased landscaping.
3. Weed abatement.
4. Removal of trimmings, trash and litter.
IV. Cost Estimate
The estimated annual cost for maintenance of Open Space Maintenance
District No. 24 Canyon Views is $26,500. This preliminary estimate is
based on information obtained from the developer.
Even though we do not expect to take over the di stri ct for maintenance
unt il January, 1992, staff proposes to assess for the full year. Under
the Code, a 50 percent reserve is required, but it can be built up over a
five year period. Spreading this reserve over five years would require a
10 percent higher assessment each year. By assessing for the full year,
the reserve would be built up in the first year without this increase to
~.:L
Page 3, Item !lo
Meeting Date 7/9/91
the fi rst fi ve years assessments. Thi s approach waul d also prevent a
large jump in the assessment from a half year assessment in FY 1991-92 to
a full year assessment in FY 1992-93. The assessment this fiscal year if
assessed for 1/2 year would be $397.50. For the next four years, the
annua 1 assessment assumi ng no change in costs waul d be $728.75. Wi th
stafffs proposal, assuming no change in annual costs, the assessment will
remain constant at $662.50 (see Attachment "D").
V. Assessment Schedule
The proposed district will contain 40 single family attached units. The
proposed distribution of assessments is shown in Attachment "C". For
purposes of distributing assessments, each single family unit is
equivalent to one assessment unit. The estimated annual assessment for a
typical single family unit is $662.50.
Plats are available for Council viewing.
FISCAL IMPACT: None. Cost of district formation are paid for by the
developer through a deposit. Annual staff and administration costs are
included in the assessment.
SE:OS-025
WPC 5667E
J..t;-..3
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING REPORT AND DECLARING THE
CITY'S INTENTION TO ESTABLISH CHULA VISTA OPEN
SPACE DISTRICT NO. 24 AND SETTING THE TIME AND
PLACE FOR HEARING THEREON
The City Council of the City of Chula Vista does hereby
resolve as follows: '
WHEREAS, the
petitioned the City
maintenance district in
Municipal Code, and
developer of canyon View Homes has
for the formation of an open space
accordance with criteria contained in the
WHEREAS, since the
reviewed the open space area
matter is going immediately
a second Planning Commission
Planning Commission has previously
through the subdivision process, the
to the City Council without need for
review, and
WHEREAS, pursuant to the provisions of
Highways Code section 22587, a public hearing is
establish the proposed open space district, and
Streets and
required to
WHEREAS, an engineer's report was submitted by the City
Engineer and the Director of Parks and Recreation for the cost of
maintaining the open space district; and that said estimated
annual assessment to be charged for each parcel is $662.50, and
WHEREAS, this report was prepared by the City Engineer
or under his direction and was presented to Council for approval
in order to proceed wi th the Public Hear ing set for July 23 in
accordance with the Landscaping and Lighting Act of 1972
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the Engineer's report
for the FY 1991-92 spread of assessments for Canyon Views Open
Space Maintenance District No. 24.
BE IT FURTHER RESOLVED that the City Council does hereby
set July 23, 1991 at 6:00 p.m. in the Council Chambers, City of
Chula Vista, 276 Fourth Avenue, Chula Vista, California as the
date and time for the public hearings on said assessments.
~
John P. Lippitt, Director of
Public Works
form by
Presented by
9002a
2f; - tf
-1
~
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&=--=-=-
------ -----
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-
. I
OPEN SPACE MAINTENANCE DISTRICT NO. 24:
OF THE CITY OF CHULA VISTA
~---7
,
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~'
ATTACHMENT A
(iI
\\
lor....
,- -.-
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~"I
~ ___.....______m
. . ---~-_..__.-
- -....---.--------
-------
. -----
LOT"Ir I
A~
If;
J.IlIIIIII..
~
.....It....
-..
@.-
bl'le...T1ON
. ...-----..... -. -----"-
__. _ ___. ,,_. __ n, ,M'.
'-____n
",,"",VAL
,.--..""::........--..-
... - .....
......._ .......__ __ cny o. (HUL" VIS'" 11I................JldMI ..... ...
.._ _ ..... ,....... ...... h......... 01 ., Ir CANYON VIEW HOMES
...".._ :c':. .......4ML..- __ c,," 1_ _ _00 OPEN SPACI MAINTENANCI"DISTlUCT NO. 24 .....
......_17.'"' _..........
WPC 5668E
ESTIMATED ANNUAL COST
OPEN SPACE DISTRICT 24
CANYON VIEWS
FY 1991-92
Item
Contract Services
Util ities
Materials
Landscape Supplies
City Staff Services
8ackflow Certif.
Trash Collection & Disposal
1991-92 Total Budget
/it; ..(,
ATTACHMENT B
$12,650
8,130
950
350
4,010
160
250
$26,500
ATTACHMENT C
OPEN SPACE MAINTENANCE DISTRICT NO. 24
CANYON VIEWS
ALLOCATION OF COSTS
FY 1991-92
Residential Units - 100%
Total % of % of
# of Lots Assessment/ Assessment Residential District
Residential or Un its Unit Units Assessment Assessment
Single
Family Lots 40 1.0 40 100.0 100.0
Total
Assessment
Res i dent i a 1 40 100.0
Annual Maintenance Costs - Open Space Lots = $26,500
Cost per EDU = $26.500 = $662.50 = Assessment for Single Family Unit Per Year
40
WPC 5668E
/1.0-7
ATTACHMENT D
ASSESSMENT BASED UPON CURRENT CODE
Estimated 10% Reserve of Previous Year Total Single Unit
Year Annual Cost Estimated Annual Cost Reserve Amt. 40 = Assessment
1 $13,250* +0.10 (26,500)**= $ 2,650 $ 0 = $397.50
2 26,500 +0.20 (26,500) = 5,300 2,650 728.75
3 26,500 +0.30 (26,500) = 7,950 5,300 728.75
4 26,500 +0.40 (26,500) = 10,600 7,950 728.75
5 26,500 +0.50 (26,500) 13,250 10,600 = 728.75
*Assessed for 1/2 year
**Reserve is based on a full-year cost to achieve 8 5-year reserve
of 50% per Section 17.07.030 of the Municipal Code.
STAFF'S PROPOSAL WITH CODE CHANGE
Estimated Previous Year Total Single Unit
Year Annual Cost Reserve Reserve Amt. 40 = Assessment
1 $13,250 +0.50 (26,500) = $13,250*** $ 0 $662.50
2 26,500 + 13,250 13,250 = 662.50
3 26,500 + 13,250 13,250 = 662.50
4 26,500 + 13,250 13,250 = 662.50
5 26,500 + 13,250 13,250 662.50
***Full 50X reserve is acquired in first yeaf because
areas to be maintained are not accepted until January
resulting in 1/2 year or 50% reserve being accumulated
during the July to January assessment.
WPC 5681 E
/UJ-?'
COUNCIL AGENOA STATEMENT
Item tJ
Meeting Date 7/9/91
ITEM TITLE:
Resolution /1,243 Authorizing the City Engineer to
execute, on behalf of the City of Chula Vista, an agreement
regardi ng proposed stream or 1 ake a 1 terat i on wi th Cali forn i a
Department of Fish and Gam:~ ~
Director of Public Works I~
(4/5ths Vote: Yes___No-x-)
SUBMITTED BY:
REVIEWED BY:
City Managerp'
The City Council at their meeting on June 18, 1991, approved Resolution No.
16202 awarding the contract for "Widening of Telegraph Canyon Road/Otay Lakes
Road from Apache Drive to Rutgers Avenue and Channel Improvements" in the City
of Chula Vista to Erreca's Inc. Before the Contactor can start work, the City
of Chula Vista is required to enter into a stream or lake alteration agreement
with the State of California Department of Fish and Game under Section
1601-1603 of California Fish and Game Code. A portion of the project includes
the real ignment of the Telegraph Canyon Creek and the re-establ ishment of
wetlands.
RECOMMENOATION: That Council approve subject resolution.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
Attached is a copy of the proposed stream or 1 ake a lterat i on agreement with
Ca 1 i forni a Department of Fi sh and Game. The agreement requ i res the City to
comply with certain recommendations which include:
1. Disturbance or removal of vegetation shall not exceed the minimum
necessary to complete operations. The disturbed portions of any stream
channel or lake margin within the high water mark of the stream or lake
shall be restored to as near their original condition as possible.
2. Restoration shall include the revegetation of stripped or exposed areas.
3. Any temporary dam (any artificial obstruction) constructed shall only be
built from material such as clean gravel which will cause 1 ittle or no
siltation.
4. Temporary fills shall be constructed of nonerodible materials and shall
be removed immediately upon work completion.
S. Preparat i on shall be made so that runoff from steep, erodi bl e surfaces
will be diverted into stable areas with little erosion potential.
Frequent water checks shall be placed on dirt roads, cat tracks, or other
work trails to control erosion.
1../-1
Page 2, Item ~J
Meeting Date 7/9/91
6. Wash water containing mud or silt from aggregate washing or other
operation shall not be allowed to enter a lake or flowing streams.
7.
a.
A silt catchment basin shall be constructed across the stream
immediately below the project site. This catchment basin shall be
constructed of gravel which is free from mud or silt.
b.
Upon compl et i on of the project and after
area is clear of turbidity, the gravel
sediment shall be removed from he stream.
all flowing water in the
along with the trapped
8. If a stream channel has been altered during the operations, its low flow
channel shall be returned as nearly as possible to its natural state
without creating a possible future bank erosion problem, or a flat wide
channel or sluice-like area. If a lake margin has been altered, it shall
be returned as nearly as possible to its natural state without creating a
future bank erosion problem. The gradient of the streambed or lake
margin shall be as nearly as possible the same gradient as existed prior
to disturbance.
g. Structures and associated materials not designed to withstand high
seasonal flows shall be removed to areas above the high water mark before
such flows occur.
10. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or
concrete or washings thereof, oil or petroleum products or other organic
or earthen material from any logging, construction, or associated
act i vi ty of whatever nature shall be allowed to enter into or placed
where it may be washed by rainfall or runoff into, waters of the State.
When operations are completed, any excess materials or debris shall be
recovered from the work area. No rubbish shall be deposited within 150
feet of the high water mark of any stream or lake.
11. The operator will notify the Department of Fish and Game of the date of
commencement of ope rat ions and the date of comp 1 et i on of operations at
least five days prior to such completion.
12. In order to assure that the streambed is properly revegetated, the
Department of Fish and Game has also added other special conditions.
These conditions include maintenance requirements for a five year
re-establishment period to assure no undesirable plants take over. They
a 1 so address survi va 1 and growth requi rements duri ng the establ i shment
period.
The City has an agreement with EastLake Development Company per Resolution NO.
13716, which was approved by the Council on August 2, 1988, for the
maintenance of Telegraph Canyon Channel. However, the contractor of work on
the Telegraph Canyon RoadjOtay Lakes Road widening project will be responsible
for maintenance of the channel for 365 calendar days after the pre-maintenance
acceptance. Copies of EastLake Development Company maintenance agreement and
the resolution approving it are attached.
FISCAL IMPACT: This agreement will require extensive maintenance related
costs. However, EastLake Development Company is requi red to pay the i nit i a 1
maintenance costs and a maintenance district is proposed to be set up to cover
the long-term costs.
MA:AN-012jWPC 5678E
tl ~ 2
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHOR I ZING THE CITY ENGINEER TO
EXECUTE, ON BEHALF OF THE CITY OF CHULA VISTA,
AN AGREEMENT REGARDING PROPOSED STREAM OR LAKE
ALTERATION WITH THE CALIFORNIA DEPARTMENT OF
FISH AND GAME
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City owns the Telegraph Creek Canyon
immediately adjacent to Telegraph Canyon Road/Otay Lakes Road; and
WHEREAS, the natural channel will be improved from
Apache Drive to Rutgers Avenue, including realignment in portions
and reestablishment of wetlands; and
WHEREAS, on June 18, 1991 by Resolution 16202, the City
Council awarded the contract to Erreca's Inc. to accomplish said
improvements; and
WHEREAS, Eastlake Development Company, a California
general partnership (EDC), is responsible for the costs of
construction under its "master agreement" with the City approved
by Resolution 13715 on August 2, 1988 and for maintenance costs
pursuant to a separate maintenance agreement approved by the City
Council by Resolution 13716 on August 2, 1988; and
WHEREAS, improvement work cannot begin until an
agreement is entered into between the City and State of
California Department of Fish and Game in accordance with the
requirements of California Fish and Game Code Sections 1601-1603,
protecting fish and wildlife during the improvement work
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby authorize the City Engineer
to execute on behalf of the City of Chula Vista an agreement
regarding proposed stream or lake alteration with the State of
California Department of Fish and Game, a copy of which is on
file in the Office of the City Clerk, and incorporated herein,
the same as though fully set forth herein be, and the same is
hereby ratified.
Presented by
Approved as to form by
John Lippitt
Director of Public Works
~w~~ 7/:>('11
D. Richard Rudolf
Assistant City Attorney
9036a
2/ -..3
Notification No. 5-168-91
THP No.
AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION
THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department,
and the City of Chula Vista
of Chula Vista ,State of California , hereinalter called the operator, is as follows:
WHEREAS, pursuant to Division 2, Chapter 6 of California Fish and Game Code, the operator, on the ..ll- day of April ,
19~, notified the Department that he intends to substantially divert or obstruct the natural flow of, or substantially change the bed,
channel. or hank of, or use material from the streambed of, the following water: Telegraph Can yon Creek , in the County of
San Diego , State of California, S - T Il .
WHEREAS, the Department (represented by Sandra Gabler has made an inspection of subject area on the
6 day of May , 19 R, and) has determined that
such operations may substantially adversely affect existing fish and wildlife resources including: Ri Darian and wetland
habitat and associated wildlife.
.
THEREFORE, the Department hereby proposes measures to protect fish and wildlife during the operator's work. The operator hereby
agrees to accept the following recommendations as part of his work Numbers 1: 2:8: 12: 15: 16: 17: 19: 20: 21: 22
from the list of recommendations on the back of this page and the following special recom"1endations:
1. All work in or near the stream or lake shall be confined to the period June 1. 1991 to June 1. 1993
2. All special recommendations as listed beginning on page two.
The operator, as designated by the signature on this agreement, shall be responsible for the execution of all elements of this agreement.
A copy of this agreement must be provided to contractors and subcontractors and must be in their possession at the work site.
If the operator's work changes from that stated in the notification specified above, this agreement is no longer valid and a new
notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this agreement and with other
pertinent Code Sections, including hut not limited to Fish and Game Code Sections 5650, 5652 and 5948, may result in prosecution.
Nothing in this agteement authorizes the operator to trespass on any land or property, nor does it relieve the operator of responsibility
for compliance with applicable federal, state, or local laws or ordinances.
THIS AGREEMENT IS NOT INTENDED AS AN APPROVAL OF A PROJECT OR OF SPECIFIC PROJECT
FEATURES BY THE DEPARTMENT OF FISH AND GAME. INDEPENDENT REVIEW AND RECOMMENDATIONS WILL
BE PROVlDED BY THE DEPARTMENT AS APPROPRIATE ON THOSE PROJECTS WHERE LOCAL, STATE, OR
FEDERAL PERMITS OR OTHER ENVIRONMENTAL REPORTS ARE REQUIRED.
This agreement becomes effective on "pon si~nat"re of ooer~ t.x. :h\.:f\~_
Operator .- ~
Department R tativc
Title Title Flm /rNA GfW,G W!lR])6fV
Organization
Department of Fish and Game, State of California
Date c,/:uh/
Date
.If inspection was not made, cross out words within parentheses.
2.1...5
fG 1060 (5-17) 17 12406
RECO.\fME~DA TIO~S
1. [)j,turhllllc or rClT)()"\-,d of vc::::::dation shall not exceed
tlk m1lJimllm rl(>('('s~:<;r\' Incomplete Opt'Lltions. The
distinhr.d portions of any ;.;trC':UTI cbmrJc! or lake Inar~
gin ,':i!Lin ttJe high \l:akr marL: of the strcnn or lake
:-:lLJl 1 k' H~~torc(l to :l"; ne.ll' their origin;ll condition ,is
po:;sillle.
2. Hcstoratioll sball include the H'\'egctation of stripped
or exposed areas.
:3 Hock, riprap, or other erosion protection shall be placed
lTl an',lS \\'hcrc \cg('Lltion CHlIJO! rCJsonJ.hly be expected
to l)('co:n(~ re\.~-tal)lish('(l .
.1. Tn..;talbtion of bridgc.<;, cuh"crts, or other structures slun
he :-,(Jch that \\"atef How is not impaired and upstream
or dmyl);,lrcam pass<lgi;' of fish is. llssurcd at all times.
Bot tums of tcrn\)Or~ln' culycrts slLdl be phccd at or
hclo\\' stn:,nn c ldllnZ,I l2;LHlc. Bottoms of pcrnunc.nt
culvcrb shall be placed bclo\\' stream dWllncl grade.
,So Pbns for desir.;:n of concrete sills and othc>r features
that could potentially impede .fish rnigrations must bt'
apPw\'\.'d by IJc'pdrtrnclIt engineers.
6. \ Vhell iHIV dam (anv artifici,d obstruction) is being
construLt(;d. rnaiJitaillcd, or placed in operation, ,sum~
cient \\'atl'r ~lJJll at all times 1)(; alkJ\ycd to pass (}0\\,11-
st.n,':::J11 to lTlitintalu fi,..,hlifc lx.low the Jam.
- _-\11 adequ:'tk fish passJ,(:!;c facility must be incorporated
illto any barrier that obstructs fish p;issagc.
S, Any tt:!npor:lry d~lln (,In\' artificial obstruction) C011-
stnJcted slldll onh' be built from Inatcrial such as dt:;U1
gr~n'c1 \yhieh wil]. C;Hlse little or no siltation.
U, ::\0 et]uipmt'nt will bt< openCtled in live stream channels.
10. Equipnh\nt 511;t11 not he opcr~lted in the stream ch:umds
of flowing Iin: stn'ams except as may be necessary to
construct crOSSilll.:S or harriers ;J11c1 fnls at ch,mnd
changes. '
II. \rhell \\-ork in a ilo,\'ing stream is unavoidable, the
entire strcamflo\',' shall he diverted around the v,ork
area by u barrier, t('mpor,H~' culvert, and/or a ncw
channd capClbk of pcrmitting upstream and down-
stream llsh movement. Construdioll of thf' bClrrier
and/ or the new channel sll;111 normally lwgin in the
dO\nlstrcarn ~lrCil ;,1ncl continuc in an upstream din'C-
tiorl. ~1n(1 the flow shall he Jiv('rtc.d onl" when con-
struction of the diversion is completed. (~hdnncl bank
or barrier construction shall be adCcHute to prc\'cnt
sCl:pagc' into or from tht' work arc;!, Ch~mncJ banks or
b~lrrj('r" shall not he mack of eart'h or other substances
sllhcct to erosion Imks" first enclos(.d 11\, sh(,f'l pj]in~,
rock rirrap, or other protective matprial. The pnc10surc
rlml tlJ(' supportive nutcrial shall be renloycd when
the \\'or1-.: is completed :lntI the rcmm'al shall110rmalJr
proceed from dO\\'nstrc;l1n in an llpstrC'am Jirectiml.
1-) >rcmp(lLln' fills slJ;tll be constructed of nonerodil)]C
m:\tcrb]" and skill Lc TTTnO\\.d irrmlCdiately upon \\-ork
cOlnl)]etioll.
1:J. ['juiptJll'nt ,Ju11 not h< opClat(.d ll1 the lake or lts
nurgin except during exc;l\\llion awl as may he n{'(cs-
~/...{P
Silry to C'on\trl;cf h;lr"ricl''' or 'l111s. If work in the lake'
is-+ln,lyoid,,hlc ,I curLtin (,lldoSl~.t(' to pn'\:cnt ~i)tatioll
of the lakl' beyond t he 'll~nll'diatc wOllirl2; arr;l sl1;in
hi' instilled, The cnc!oslIh: ~lncl any supportl\'c mateI'Ll]
shall he lcrno\'ed W}HTI the \york is completed
1"1. Silt settling basins shall be 10C';ltcd ~l'\\'J\' from the stream
or bJ...c to prevent di)culorcc1. silt-Lc',~ring water from
reaching tIll' strt.:...llTI or lake.
15. Prcpar,ltion "shall he nude so that runoff from steep,
('forhhlc surlnce') wd! he diverted into stable areas with
ljttk clOsion potential. Frequent water checks shaH be
pbced on dirt roads, cat tracks, or other work trails to
control U'O:--iOll.
16, \VJsh \v;tkr conLtining mud or silt frOlll aggregate wash~
in,;'; or otLer opcLltions "hall not he allowed to enter a
lake or flowing streams.
J7, ;\) A silt catc},Tllent basin shall be constructed across
tlH:: strealD imrnuliatdy helo\\' the project site, This
~\ltc1lln('nt lu"iH shall be constructed of gravel \"hieh
IS frce frorn mud or silt.
h t' pon (:ompldion of the project and after cdl flfN,:illg
watt;r in the :nea is c1edr of tur!Jidit\., the ~ran~l along
with the tr;lppcd seuiment shall be'rcrnov('d from the
stream.
IS, If operations require moving of equiprncnt across a
Howing stre:lrn, sllcb opera bans sh:111 he conducted
\\'ilhmd :-;uLsbnti,111y illcrhlsing stream turhidity. For
repealed crGismgs. thv operator shan install a briJu('
culvcrt, or rock-fill crossing as specified in conune~t~
below. ~
](), If a stream dlJnnd Ius been :11terccl uurin,s the opcra-
bOlL", its ]cm' flow clumlf~l shall he returned as nearlv
as possihle to its natural sUlk without creating a possible
future hank erosion prohkm, or a flat wide channel or
sJuicc~lih< arcCl, If a bke margin has been altered, it
shall be returned ~IS nearly as, possible to its natural
start' without creating a future> hank erosion problem,
TJw gradic'nt of the strc'>amln'd or bkc manrin shan be
as H('arly as possil)Je the same' gradient as C'xisted prior
to disturbance.
~O. Structures and assochkd m:lterials not designed to
withstand high scason~l1 HIl\\-s shall he remoycd to areas
ahove' the high waler mark hefore snch flows occur.
21. 1\0 d,,],r;,. soil. silt. "md, hn-k, sbsh. sawdust. rub-
hish, c('lTIcnt or concrete or washings thereof. oil or
petroleum products or other org:mic or earthen material
from any lo~gillg, constructioll. or associated activity
of whalenT n,\turc shan he allowed to enter into or
placed where it lll<l\' be \\':tshc(l 1n' rainfall or runoff
into, waters of the .SLltf'. \\'l']('n oix'rations arc com-
pleted, an\' excess mnteriills or ckhris ,<;1]811 be removeu
from the' work arpa. No ruhhish shall be deposited
within 150 feet of tll(> high water mark of anv st,ream
or IJke, ' ~
22. The operator will notify the Dep:utmcnt of Fish and
Game of the (lode of (:ommel!CeIHult of operations ;:md
the dak of compktioll of operations at k~lst five days
prior to such c:mnplctiol1,
ADDITIONAL RECOMMENDATIONS FOR STREAMBED ALTERATION AGREEMENT
Notification No. 5-168-91
23. Vegetation shall not be removed or intentionally damaged
beyond a distance of 100 feet upstream or 100 feet
downstream from the identified limits of the project
area.
24. Prior to the construction of the landscaping the graded
site shall be surveyed by a qualified biologistX who
is knowledgeable in riparian vegetation to ascertain
areas of the channel appropriate to the planting of
riparian trees.
25. In order to determine if the revegetation techniques
used have been successful, any plant species planted
in accordance with #24 above and as specified below,
shall achieve the minimum growth at the end of three
and five years. If the mimimum growth is not achieved,
then the Operator shall be responsible for taking the
appropriate measures as determined by Department representatives.
The Operator shall be responsible for any costs occurred
during the revegetation or in subsequent corrective
measures.
SPECIES SIZE AT PLANTING HEIGHT
PLANTING CENTERS 3 YEARS 5 YEARS
(gallons)
Arroyo willow PB 8 feet 10 feet 15 feet
1 gallon 8 feet 10 feet 15 feet
Black Willow PB 8 feet 12 feet 18 feet
1 gallon 8 feet 12 feet 18 feet
Sycamore 1 gallon 20 feet 5 feet 9 feet
5 gallon 22.5 feet 7 feet 13 feet
15 gallon 25 feet 10 feet 18 feet
Cottonwood 1 gallon 7 feet 12 feet
5 gallon 9 feet 15 feet
15 gallon 13 feet 20 feet
26. Except as provided for in #28, all planting shall have a
minimum of 80% survival the first year and 100% survival
thereafter and/or shall attain 75% cover after three years
and 90% cover after five years for the life of the project.
If the survival and cover requirements have not been met,
the Operator is responsible for replacement planting to
achieve these requirements. Replacement plants shall be
monitored with the same survival and growth requirements
for five years after planting.
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27. Planting may be done between October 1 and March 31 to take
advantage of the winter rainy season.
28. An annual report shall be submitted to the Department, by
the Operator, by January 1 of each year for five years after
planting. This ~eport shall include the survival, percent
cover, and height of both tree and shrub species. The number
by species of plants replaced, an overview of the revegetation
effort, and the method used to assess these parameters shall
also be included. Photos from designated photo stations
shall be included and recommendations for change, if any.
29. Channel bottom and slope mix are acceptable.
30. Replanting for channel/banks shall consist of a minimum
of the following:
(Cottonwood)*
AMOUNT
160-1 gallon
104-1 gallon
187-1 gallon
228-1 gallon
3-15 gallon
3-15 gallon
SPECIES
Heteromeles arbutifolia (Toyon)
Rhus integrifoila (Lemonade Berry)
Salix goodingii (Black Willow)
Salix lasiolepis (Arroyo willow)
(Sycamore) *
* = The existing Eculyptus grove, located south of Rutgers
Avenue and within the designated project site, shall be
removed including all root bases. Replacement shall be
with the above mentioned Cottonwoods and Sycamores. These
species shall be planted only on the south bank of the project
and must be within forty feet of mid-channel.
31. Within the channel/banks all invasive exotic species, as
determined by Operator's biologist, of plants shall be removed
by hand labor for the first three years after revegetation
has been completed.
32. Staging/storage areas for equipment and materials shall
be located outside of the channel.
33. Vehicles shall not be driven or equipment operated in water
covered portions of the channel, or where wetland vegetation,
riparian vegetation, or aquatic organisms may be destroyed,
except as otherwise provided for in the Agreement and as
necessary to complete authorized work.
34. One vehicle may be driven in wet protions of the channel
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to accomplish the work authorized by this Agreement. This
work is only authorized when the vehicle is completely clean
of petroleum residue and water levels are below the gear
boxes of the equipment in use or lubricants and fuels are
sealed such that inundation by water shall not result in
leaks.
35. Access to the work site shall be via existing roads and
access ramps.
36. Vehicles may be driven in the channel bed to traverse the
distance to the work site from the access point, and in
the immediate vicinity (within 50 feet) of the work area,
and only as necessary to accomplish authorized work.
37. Any equipment or vehicles driven and/or operated within
or adjacent to the channel shall be checked and maintained
daily, to prevent leaks of materials that if introduced
to water could be deleterious to aquatic life.
38. Stationary equipment such as motors, pumps, generators,
and welders, located within or adjacent to the channel shall
be positioned over drip pans.
39. The clean-up of all spills shall begin immediately. The
Department shall be notified immediately by the Operator
of any spills and shall be consulted regarding clean-up
procedures.
40. Raw cement/concrete or washings thereof, asphalt, paint
or other coating material, oil or other petroleum products,
or any other substances which could be hazardous to aquatic
life, resulting from project related activities, shall be
prevented from contaminating the soil and/or entering the
waters of the State. Any of these materials, placed within
or where they may enter a stream or lake, by the Operator
or any party working under contract, or with the permission
of the Operator, shall be removed immediately.
The Operator shall provide a copy of this Agreement to all contractors,
subcontractors, and the Operator's project supervisors. Copies
of the Agreement shall be readily available at work sites at
all times during periods of active work and must be presented
to any Department personnel, or enforcement personnel from another
agency, upon demand.
The Operator shall notify the Department, in writing, at least
five (5) days prior to intitiation of construction (project)
activities and at least five (5) days prior to completion of
construction (project) activities. Notification shall be sent
to the Department at 330 Golden Shore, Suite 50, Long Beach,
California 90802, Attention: Environmental Services.
4
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CONCURRENCE
City of Chula Vista
(Operator)
California Department
of Fish and Game
(Department)
(signature)
(date)
A~,<>- Co-d-'L t /:).1/W
(signature) (date)
(title)
,Au- Dl" '~I-ol\
(date)
jg
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COUNCIL AGENDA STATEMENT
Item II
Meeting Date 8/2/88
ITEM TITLE: a)
Resol utio[l lo311S' Approving a Master Agreement wi th
EastLake Development Company for acquisition, construction,
and fundi ng of Tel egraph Canyon Road/Otay Lakes Road
Improvements
b) Resol ution 10371{", Approving an Agreement with EastLake
Development Company for the maintenance of Telegraph Canyon
Channel
SUBMITTED BY:
Director of Public Works
rIItY
(4/5ths,Vote:
Yes_No..!...)
REVIEWED BY:
City Manager
A conditi on of the EastLake "Development Agreement" and the Publi c Facil iti es
Financing Plan (PFFP) was that, after a certain number of building permits had
been issued, no more could be issued until construction had begun on Telegraph
Canyon RoadlOtay Lakes Road between EastLake and Paseo Ladera. EastLake is at
that point now and the purpose of these agreements are to allo\~ EastLake to
continue development based on their commitments for construction of the road
and drainage channel.
RECOMMENDATION: That Council approve the resolutions approving agreements
with 'EastLake for the construction of the road and channel and for maintenance
of the channel.
BOARDSICOMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
At this stage of development, EastLake has been stopped from any further
building permits until two projects are started as follows:
1. Widen Telegraph Canyon Road to a four-lane major status between I-80S and
Otay Lakes Road.
2. Improve shoul ders of Otay Lakes Road between Tel egraph Canyon Road and
EastLake Parkway.
EastLake is ready to begin construction on the portion of the project between
EastLake and Rutgers. However, instead of just widening the shoulders, they
propose to build the street to a six-lane prime arterial standard which would
also necessitate the construction of a naturalized drainage channel. It was
thought wasteful to spend the time to improve shoulders on the road when near-
term development would necessitate more lanes.
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Page 2. Item II a, I)
Meeting Date 8/2/88
The agreements before Council are to construct Telegraph Canyon Road/Otay
Lakes Road between EastLake and 1900 ft. east of Paseo Ladera to a prime
arterial six-lane facility. The project will be constructed in three phases.
Phase I - the porti on between EastLake and Rutgers Avenue; Phase II - the
portion between Apache Drive and 1900 ft. east of Paseo Ladera; and Phase III
- the middle portion between Rutgers and Apache Drive. The middle portion is
primarily the responsibility of the City using funds from Charter Point and
the Navy housing project to build a four-lane facility. However, we plan to
build a six-lane facil ity along with drainage improvements through Phase III;
therefore, DIF funds and EastLake funds will be contributed towards that
project.
Since the entire project would not be completed in one phase, the attached
agreement is to provide the mechanism for the construction to be completed and
for the release of building permits on a phased basis' over the period of the
construction.
The agreement al so provi des that the City will use its best efforts in
creating an assessment district to assist EastLake in funding a portion of the
project. However, the Council is not agreeing at this time to establish that
di stri ct. If the Council shoul d approve an assessment di stri ct at a future
date for ei ther the road or the drai nage di stri ct, it woul d only fall on the
new properties in The Greens and some of the drainage cost could be attributed
to the business park. None of the assessment charges would relate to the
Hi 11 s and Shores resi denti al area. Furthermore, since the faci 1 ity bei ng
constructed is a Development Impact Fee (DIF) facility, the maximum assessment
per single-family dwell ing woul d most 1 ikely be equivalent to the DIF fee or
$2,100 per unit charge for the road project. An additional charge would be
attributable for the drainage district.
The channel construction will be financed by a reimbursement district whereby
EastLake will advance the money to construct the channel and be reimbursed as
people receive building permits within the drainage basin. Again, depending
on a later decision to be made by the Council, the portion of the project that
is the responsibil ity of property in EastLake may be funded by an assessment
di stri ct.
Major elements of the agreement are as follows:
1. EastLake will construct and pay for the construction of Phases I and II of
both the road faCility and the channel facility.
2. Eastlake will assist the City in constructing the portion of Phase III
between Apache Drive and Rutgers Avenue (in front of Charter Point and the
Navy housing).
-- 3. The City will give credits to Eastlake for building permits in the DIF
program within EastLake.
4. The City will reimburse EastLake at a time determined by the City as money
becomes available the excess amount that EastLake expended beyond their
responsibility.
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Page 3, Item
Meeting Date H/Z/HH
5. Before any further buil ding permi ts will be rel eased for EastLake, the
following has to occur:
a. The parties enter into this agreement.
b. The contract for Phase I of the transportation improvements is
awarded and construction commenced.
c. The required bonds for security for the grading and improvements
included in Phases I and II are submitted to the satisfaction of the
City Engineer.
d. The deposit of probable compensation if required is posted with the
Superi or Court for the emi nent doma i n acti on ,for the ri ght-of-way for
Phase I.
e. A cash deposit to be placed in a City trust fund or equivalent'
security acceptable to the City for the anticipated right-of-way cost
. for Phase II.
~' Security acceptance to the City for the cost of construction of Phase
III drainage improvements and anticipated right-of-way costs shall be
delivered to the City.
g. The drainage maintenance agreement is approved.
6. The building permits for residential and non-residential construction in
EastLake will be released as follows:
a. Upon the commencement of construction of Phase I, the remaining 200+
building permits in the Hills and Shores will be released and an
additional 318,000 sq. ft. of building permits for the Business Park
will be released.
b. Upon the openi ng of two 1 anes in each di recti on of Otay Lakes Road
for Phase I and the start of construction for Phase II, an additional
159,000 sq. ft. of industrial development in the Business Park will
be authori zed.
c. Upon the opening of a minimum of two lanes in each direction for
Phase II, an additional 159,000 sq. ft. of industrial development
will be authorized plus the residential development authorized in the
Village Center as provided in the EastLake SPA Plan will be.
authorized.
Copi es of the agreement, exhibi t showi ng the phases, and a schedul e are
attached for your review.
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Page 4, Item
Meeting Date 8/2/88
Drainage Maintenance Agreement
Because of the construction of the road to six lanes, major encroachments into
the existing natural drainage courses owned by United Enterprise will be
required. Because of the encroachment, it was deemed necessary to construct
the channel along the entire roadway segment. It is proposed that the channel
be constructed as a natural channel per the policy adopted by the Council in
1976 and from further requi rements of the Corps of Engi neers and the State
Department of Fish & Game in order to get permits for this project. Because
the project is being constructed as a natural channel and not within the
City's standards for concrete-lined channels, the City staff proposes that a
maintenance mechanism be established to pay for the maintenance cost.
Under this agreement, the City will be primarily responsible for the
maintenance of the channel for the entire length at the cost of EastLake per
the agreement. Major elements of the agreement are as follows:
1. For a period of one year from the date of completion of the channel,
EastLake will maintain the channel at its sole expense.
2. For each of the next two years after each phase of the channel is
completed (or until the maintenance district is formed), EastLake shall
pay to the City any cost the City has expended in maintaining the channel.
3. EastLake shall also post a letter of credit in the amount of $500,000 in
the interest of the City for the following purpose. At the end of three
years, should the maintenance district not be established by the Council,
the City shall foreclose on the letter of credit and use the proceedings
from the $500,000 to maintain the channel in perpetuity or until a
maintenance district is formed.
4. Should EastLake remit the $500,000 letter of credit to the City and should
at a later date a maintenance district be, formed, then the City agrees to
return any unused portions of the cash, including interest, to the
EastLake Development Company.
Staff members from the City Attorney's Office, Public Works Department, and
Planning Department have reviewed these proposals and find them acceptable and
recommend that these agreements be approved.
FISCAL IMPACT: All City costs associated with this project are proposed to
be reimbursed from Development Impact Fees or Assessment District proceeds.
Consequently, no long-term fiscal impact on the City is foreseen.
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JPL:nr/HX006, HX007, HYGar-
WPC 3884E . /
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MASTER AGREEMENT
FOR THE ACQUISITION, CONSTRUCTION AND FUNDING OF
TELEGRAPH CANYON ROAD/OTAY LAKE ROAD IMPROVEMENTS
This Agreement is entered into this ;2",d day of A-v..~f;
1988, by and between EastLake Development Company, a California
partnership comprised of corporations ("EastLake"), and the City
of Chula Vista, a municipal corporation (the "City"), based on
the following facts:
RECITALS
1. The EastLake Public Facilities Financing Plan ("PFFP")
and EastLake I Development Agreement requires that certain
improvements be constructed as development in the area
progresses, among which are the Telegraph canyon Road/otay Lakes
Road street (collectively the "Improvements.") Such Improvements
must be under construction in order for development to continue
beyond the thresholds contained in the PFFP.
2. Ordinance No. 2251 adopted by the City Council of the
city on January 19, 1988, establishes a Developer Impact Fee
("DIF") for Transportation Improvements and sets forth a method
of reimbursement for developers who receive authorization to
construct in lieu of paying the DIF.
J. The City is currently preparing a Telegraph Canyon
Drainage' Plan and Ordinance pursuant to the state Subdivision Map
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Act (Cal. Govt. Code Section 66483 et seq.) to fund the
construction of the Telegraph Canyon Road/Otay Lakes Road
drainage channel improvements ("Drainage Impact Fee") or provide
a method of reimbursement or credit to property owners who fund
or build facilities from other property owners who benefit from
or create the need for the drainage improvements, but have not
contributed towards them. It is anticipated that such Drainage
Impact Fee shall be implemented by the City at a time subsequent
to the commencement of construction of Phase I of the channel
improvements by EastLake.
4. The City has granted authorization by Resolution No.
12500, pursuant to Section 4(b) of Ordinance No. 2251 for
EastLake to construct Phase I of the street improvements. The
City has hired a consultant to process the formation "of the
Assessment District under the Improvement Act of 1913 for funding
of Phase I Improvements through an Acquisition District. The
parties contemplate that subsequent phases of the project will be
treated in a similar manner.
5. EastLake anticipates that it shall be able to obtain a
credit against Drainage and Transportation Impact Fees, or
partial reimbursement for the cost of construction of the
required facilities or both, where such costs are in excess of
its pro rata share of the responsibility for the improvements
pursuant to ordinances currently or proposed to be adopted by the
City as described in Recital 3 above.
6. EastLake, in anticipation of providing an adequate
roadway system and mitigating project-related and cumulative
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impacts of the proposed and submitted EastLake Greens project,
desires to widen Telegraph Canyon Road to six (6) travel lanes
instead of four (4) as would otherwise be required by the PFFP
and Development Agreement and further anticipates participation
in the construction and financing of Telegraph Canyon Road
Drainage Channel Improvements.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE FACTS WHICH ARE
INCORPORATED HEREIN BY REFERENCE AND FOR OTHER VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE
PARTIES AGREE AS FOLLOWS:
1. Imorovement Reauirements.
All improvements required to be constructed or financed
by EastLake under this Agreement as described below shall be
completed in compliance with the approved City plans and
specifications for such improvements.
1.1 Roadwav Imorovements. EastLake agrees to
construct and provide right of way for those segments of
the Telegraph canyon Road/Otay Lakes Road improvements
("Transportation Improvements"), as depicted in Exhibit
"A" as EastLake's responsibility, in accordance with the
Improvement Drawings for the Transportation
Improvements,. and pursuant to the anticipated phasing
and construction schedule as set forth in Exhibit "B".
1.2 Channel Imorovements.
(a) EastLake further agrees to construct the
segments of the Telegraph Canyon Road/otay Lakes
Road Drainage Channel Improvements ("Drainage
Improvements"), as depicted in Exhibit "A" as
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EastLake's responsibility, in accordance with
the anticipated phasing and construction
schedules set forth in Exhibit lOB".
.~ (D) EastLake also agrees to advance to the
City the funds for construction of improvements
and acquisition of right-of-way for Phase III of
the Channel Improvements, as depicted in Exhibit
"A" as EastLake's responsibility, in accordance
with the anticipated phasing and construction
schedules set forth in Exhibit "B".
1.3 Cost of ImDrovements. The initial cost of the
Improvements as described in Sections 1.1 and 1.2 above,
shall be borne by EastLake including land acquisition,
the design and engineering costs, preparation of the
grading plans, construction plans and specifications,
right-of-way diagrams and drainage channel landscape
plans; provided, however, that the City has already
authorized a DIF credit pursuant to Section 4(b) of
Ordinance No. 2251 for Phase I of the Road Improvements
by Resolution No. 13500 adopted on
, 1988 and
will likewise consider authorization of Phase II of the
~ Road Improvements when requested to do so; provided
/-
further that City shall consider authorization for
Drainage Fee credits or reimbursements following the
adoption of the Drainage Fee ordinance described above.
1.4 Staae Construction Reauirements. Pursuant to
Section 6.6.2 of the Development Agreement for EastLake
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REVISED SECTION 1.3, PAGE 4, OF MASTER AGREEMENT
FOR THE ACQUISITION, CONSTRUCTION, AND FUNDING OF
TELEGRAPH CANYON ROAD/OTAY LAKE ROAD IMPROVEMENTS
Revis~d portion in upper case type.
I
1.3 Cost of Improvements. The initial cost of the Improvements as
described in Section 1.1 and 1.2 above, shall be borne by EastLake including
land acquisition, the design and engineering costs, preparation of the grading
plans, construction plans and specifications, right-of-way diagrams and
drainage channel landscape plans; AND EASTLAKE SHALL ADVANCE THE COST OF ANY
SHORT FALL IN EXCESS OF CITY BUDGETED FUNDS FOR THIS PROJECT THAT THE CITY
EXPERIENCES IN CONSTRUCTING PHASE III TO 6 LANES OF PAVEMENT (THE CITY'S
CURRENT BUDGETED AMOUNT IS -APPR81<If1:.TCL ~ ~ MILLION); provided, however,
that the City has already authorized a DIF credit pursuant to Section 4(b) of
Ordinance No. 2251 for Phase I of the Road Improvements by Resolution No.
13500 adopted on , 1988 and will likewise consider authorization
of PhaseS II AND II I of the Road Improvements when requested to do so;
provided further that City shall consider authorization for Drainage Fee
credits or reimbursements following the adoption of the Drainage Fee ordinance
described above.
WPC 3894E
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I and the Public Facilities Financing Plan ("PFFP"), the
Improvements which have been agreed to are required to
be under construction in order to exceed the cumulative
development'authorized the project under Stage IB of the
PFFP. EastLake proposes and the City agrees that for
purposes of this Agreement and without modification to
~~
the actual requirements of the PFFP and Development
Agreement, except as noted in Section 1.4.1 herein"
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shall be entitled to pro,ceed tO~~~_IIA of '\
construction and the requirements of the PFFP
cumulative
,
and Development Agreement shall be "deemed met" for
proceeding to such Stage, if the following are
accomplished to the satisfaction of the City: (i) the
parties enter into this Agreement, (ii) the contract for
Phase I of the Transportation Improvements is awarded
and construction commenced, (iii) the required bonds or
security for the grading and improvements included in
Phases I and II are submitted to the satisfaction of the
City Engineer, (iv) the Deposit of Probable
Compensation, if required, is posted with the Superior
(
Court for the eminent domain action contemplated for
transportation right of way acquisitions for Phase I,
(v) 'oB .~ash ~eposit to be .-placed in a City trust.account,
or other -equivalent .security..acceptable to .the City Lor
Ahe anticipated right-.of way <cost '~or -'Che,phase :II
oXransportation and Drainage ~mprovements, (vi) security
for the costs of construction of the Phase III Drainage
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Improvements and anticipated right of way costs, and
(vii) the Drainage [Channel] Maintenance Agreement is
approved.
1.4.1 Notwithstanding anything hereinabove in
Section 1.4 to the contrary with respect to
EastLake's right to develop beyond Stage IC to
Stage IIA of the PFFP, for purposes of this
Agreement the parties agree that the City shali
issue building permits and'EastLake shall limit
further development in accordance with the
following events involving the construction of .
the Teleqraph Canyon Road/otay Lakes Road
improvement: upon and during EastLake's
compliance with Section 1.4 of this Aqreement,
the city shall issue building permits for all
remaining areas of EastLake I, provided however:
(a) EastLake shall be entitled to no further
building permits for the development of the
industrial acreage of EastLake I beyond permits
for 589,000 square feet, except that EastLake ~
shall be entitled permits for an additional
318,000 square feet at the start of construction
for Phase I, and (b) EastLake upon the opening
of two (2) lanes in each direction of Telegraph
Canyon Roadjotay Lakes Road for Phase I and the
start of construction of Phase II shall be
entitled to building permits for an additional
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159,000 square feet of industrial development in
addition to the development authorized provided
in_(a) above, and (c) EastLake shall upon the
opening of two (2) travel lanes in each
direction for Phases I and II be entitled to an
additional 159,000 square feet of industrial
development in addition to the amounts
authorized hereinabove in (a) and (b) plus the
residential development authorized in the
"Village Center" as provided in the approved
EastLake I S.P.A.
2. Mitiaation of Anticipated Impacts
City agrees that EastLake, in order to fulfill its
obligations pursuant to the Development Agreement for EastLake I
and the PFFP, is not obligated to construct six (6) lanes of
Telegraph Canyon Road nor to advance costs for, and partially
build the Channel Improvements; however, EastLake is willing
currently to make such improvements because the additional
capacity in Telegraph ~anyon Road will be necessary to mitigate
project specific and cumulative traffic impacts should the City
approve the "EastLake Greens" project.
Without making any commitment whatever to approve the
EastLake Greens project, City agrees that based upon current
traffic projections for the "Eastern Territories" and subject to
confirmation by a certified EIR for the Greens, the increase from
four to six lanes on Telegraph Canyon Road between paseo Ladera
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and the westerly boundary of EastLake's ownership, assures
Telegraph Canyon Road's adequacy to meet the direct and
cumulative traffic ~mpacts of the EastLake Greens Project.
City further agrees, for the purposes of any further
reimbursement to EastLake from third parties, that if the
EastLake Greens project, as submitted, or modified EastLake
Greens project of similar traffic qeneration characteristics, is
not approved by the City, EastLake's rights to reimbursement
based upon its pro-rata impact upon Telegraph Canyon Road shall
not be based upon the assumed construction of the EastLake
Greens.
3. Riaht to Reimbursement.
EastLake may be entitled to reimbursement for any costs
borne by it above its prorated share for the construction of the
Improvements described in Sections 1.1, 1.2 and 1.3 above as
follows:
3.1 Road Imorovement Reimbursement. In as much as
Ordinance 2251 authorizes a credit against fees payable
or cash reimbursement for excess costs or both, but does
not specify p!ecisely which cost items are reimbursable,
the parties agree that, with respect to the
Transportation Improvements, EastLake shall be
reimbursed the total cost of construction as allowed by
law.
4. Channel Imorovement Reimbursement.
EastLake may also receive credit or be reimbursed for
the total cost of the Channel Improvements, in accordance with
the provisions of any ordinance which may be adopted by the City.
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5. Formation of Assessment District.
The city agrees to use its best efforts if and when
requested by EastLa~e to establish one or more Assessment
Districts for the funding of all or a portion of the
Improvements.
5.1 Acauisition of Imorovements. The Assessment
Districts will acquire all, or a portion, of the
Improvements from bond sale proceeds and reimburse
EastLake such amounts expended by EastLake in
constructing the Improvements as are set aside for the
purpose and as are permissible in accordance with State
law. The acquisition of the Phase I Road Improvements
has already been approved by City Council Reso. No. ___,
adopted on The acquisition of the remainder of
the Road Improvements and the Channel Improvements is
anticipated to be approved by City Council in due
course.
6. Attornevs' Fees.
In the event either party commences litigation for a
specific performance o! damages for the breach of this Agreement,
the prevailing party shall be entitled to a judgment against the
other for an amount equal to reasonable attorneys fees and court
costs incurred.
7. Severabilitv.
If any provision of this Agreement is held invalid, the
remainder of this Agreement shall not be affected thereby, if the
remainder within continues to conform to applicable law.
~/..1.S
-9-
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8. SubsidiarY Aareements.
The parties anticipate that in order to implement this
Master Agreement the City and EastLake may enter into several
more detailed agreements, setting forth the respective
obligations of the parties, including at a minimum the following:
(a)
Acauisition and Fundina Aareement
an agreement
with the city with respect to the formation of one or
~ more Assessment Districts and the acquisition and
---
funding of the Improvements by such' District, and
related agreements;
(b) Development Aareement - an agreement with
respect to the approval of EastLake Greens setting forth
the pro rata share of costs allocable to the Greens for
required infrastructure and improvements including,
among other things, the Improvements.
(c) Maintenance Aareement - an agreement for
maintenance of the Drainage Channel and the possible
establishment of a Channel Maintenance District.
(Individual)
--
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STATE OF CAL~NIA
. COUNTY OF ~flAJ
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cuted the same.
WITNESS my hand and official .eal.
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PATRICIA YOUNG
. NOTAIn' PU8UC.c:AI.JFORNtA
. PRINCIPAL OFfICE IN
1M DIEGO COtJHTV
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EXHIBIT "A" - 2
TELEGRAPH CANYON ROADjOTAY LAKEs ROAD Dfi'ROVEMENTs
DESCRIPTION OF PROJECT
The overall limits of the
EastLake westerly boundary
feet east of Paseo Ladera.
follows:
transportation improvements are the
west to approximately 1,900 lineal
The improvements will be phased as
Phase 1
EastLake westerly boundary to Rutgers Road. Funds
for construction and R.O.W. 's for this section
will be advanced by EastLake. The improvement
will be constructed by EastLake.
Phase 2
Apache Drive to 1,900 lineal feet east of Paseo
Ladera. Funds for the construction and R.O.W. 's
for this section will be advanced by EastLake.
The improvement will be constructed by EastLake.
Phase 3
Rutgers Road to Apache Drive. Funds for the
construction and R.O.W.'s for the road
improvement portion will be funded from four
sources. Namely, Charter Point contribution,
federal funds related to the Navy housing project,
federal aid urban funds and development impact
fees. Funds for the Phase 3 channel improvements
including Right-Of-Way will be advanced by
EastLake.
.
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Construct Improvements
12 Months I I year EDC Maintenance I
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I Construct Improvements I'
15 Months I I year EDC Maintenance I
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Construction
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Er.viroNlU'nlal Schedule By
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I Construct Improvements I
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. EXHIBIT B
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AGREEMENT FOR THE MAINTENANCE OF
DRAINAGE CHANNEL AND ESTABLISHMENT
OF CHANNEL MAINTENANCE DISTRICT
This Agreement is entered into on this
day of _,
1988, by and between THE CITY OF CHULA VISTA ("City"), a
municipal corporation, and EASTLAKE DEVELOPMENT COMPANY, a
California general partnership_consisting of corporations ("EDC")
.
based on the following facts and circumstances:
RECITALS
1. The EastLake I Public Facilities Financing Plan requires
the widening of Telegraph Canyon Road/Otay Lakes Road. This
widening requires the construction of a drainage channel
("Channel") of varying widths and approximately three miles
(16,200 linear feet) in length.
2. The road widening project necessitates the relocation of
the existing drainage course to the ultimate one hundred (100)
year storm design.
3. The City and EDC both desire to establish a drainage
Channel Maintenance District as quickly as possible but recognize
that some period of maintenance may be required until the
formation of the district.
4. The road improvements are currently planned to be
constructed in three phases identified in Exhibit A. The Channel
improvements will be constructed concurrently with each road
phase.
;2./,3/
, .
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE FACTS, AND FOR
OTHER VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:
1. Obligations_,of EDC
1.1. Maintenance by EDC. For a period of one year from
the date a Notice of Completion is filed for each phase of the
.
Channel construction, (pursuant to City's standard timing and
practice for such Notice), EDC shall maintain at its sole cost
and expense, that portion of the Channel for which construction
is then complete.
1.2. Maintenance by City. For each of the next two
years after each phase of the Channel is completed, or until the
Channel Maintenance District is formed, whichever occurs first,
EDC shall pay to the City the costs of Channel maintenance for
whatever phases of the Channel have been completed. At the
beginning of each fiscal year, the City shall prepare a scope of
work and cost estimate for the Channel maintenance and submit
them to EDC for review. EDC will have the opportunity to review
and discuss with the City the proposed scope of work. EDC shall
remit payment in full within sixty (60) days. If, and only if,
payment is not made within sixty (60) days, the City shall draw
upon the security posted by EDC as described in Section 1.3,
below, for said amount.
The maximum maintenance costs per phase are: Phase I,
$8,750.00, phase II, $17,850.00; Phase III, $8,400.00.
1.3. Prepaid Maintenance Costs. In addition to the
obligations set forth in Section 1.1 and 1.2 to maintain the
Channel, EDC shall post Letters of Credit or alternate security
/1.1 ".~2.
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acceptable to the City in the total amount of Five Hundred
Thousand Dollars ($500,000.00), hereafter referred to as the
"Principal", which is estimated to be an amount which will
generate a yearly interest return sufficient to fund future
maintenance requirements. The Letters of Credit or alternate
security acceptable to the City shall be provided in accordan~e
with the requirements of Section 1.4 below, and shall remain in
force for a period of three years or until the Channel
Maintenance District is formed, whichever occurs first. If the
Channel Maintenance District is not formed within a period of
three (3) years from the completion of the first phase of Channel
construction, the City will make a written demand on EDC for that
portion of the security listed in Section 1.4 below. EDC will
remit the requested amount within sixty (60) days. If EDC does
not remit the requested amount within the specified time, the
city shall have the right to draw down the Letters of Credit or
alternate security acceptable to the City, and deposit said funds
in an interest bearing account to be used exclusively for the
maintenance of the Channel.
1.4. It is the City's intention to utilize the
Principal received from EastLake as a trust fund using only the
interest earnings to cover the yearly maintenance costs of each
completed portion of the Channel; however, because a full year's
interest may not be accrued prior to the time the City must
expend funds for the maintenance of the Channel, EDC shall
provide a Letter of Credit or other security satisfactory to the
City by phase in the amounts shown in Section 1.5. This security
~I ..3.3
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will be utilized to supplement the interest earned during a
partial year the Principal is on deposit. It shall be posted by
phase at the same time the principal security in Section 1.5 is
posted. For purposes of this section, "interest" shall be
defined as the interest regularly paid on similar interest
bearing accounts by the institution of the City's choice for.
maintaining the above-mentioned trust fund account; provided,
however, that if such amount is less, on a pro rata basis, than
the amounts contained in Section 1.2, EDC's maximum liability
shall be limited to the amounts countained in Section 1.2.
1.5. Posting of the Letters of Credit or Alternate
Security Acceptable to the City. For each phase of the Channel
Improvements, Letters of Credit or alternate security acceptable
to the City shall be posted in an amount which represents the
prorata portion of the entire Channel which that phase bears to
the whole with the City on a date which is one year from the date
of completion of that phase of the Channel as follows:
Phase I
Phase II
Phase III
(4,500 ft.)
(8,600 ft.)
(3,100 ft.)
28%
53%
19%
Principal
Amounts
$ 140,000
265,000
95,000
$ 500,000
Supplemental
Security
Amounts
$ 8,750
17,850
8,400
$35,000
provided, however, that the Letter of Credit or alternate
security satisfactory to the City shall in no event be posted
later than the date on which the bond or other security for the
guaranty and warranty of improvements (on the Channel) is
released, or in the event that no such bond has been posted, no
,2/- ~f -4-
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later than the date on which the faithful performance bond for
construction of the Channel is released.
1.6. EDC agrees to advance to the City of Chula Vista
such funds as may be-reasonably necessary for the formation of
the Channel Maintenance District. These costs for the formation
of the district shall be reimbursed from fees collected from the
Channel Maintenance District after it is formed.
2. Obligations of City
2.1. The City shall use its best efforts in, and
diligently pursue, the formation of the Channel maintenance
district, which will include as much as practicable, all of the
land within the drainage basin served by the Channel
improvements.
2.2. The City shall cooperate with the County of San Diego
and use its best efforts to include in the Channel maintenance
district all property within the drainage basin which is within
the jurisdiction of the County.
2.3. In the event that EDC remits cash or the City
draws down the Letters of Credit or alternate security
satisfactory to the City, the City shall place the proceeds in a
separate interest-bearing account earmarked solely and
specifically for the purpose of defraying the costs of Telegraph
Canyon Road/Otay Lake Road Channel maintenance within the reaches
shown on Exhibit A, and neither the principal nor the interest
may be used for any other purpose.
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2.4.
In the event that the Channel Maintenance
District is formed after cash is remitted or the Letters of
Credit or alternate security satisfaction to the City has been
drawn upon, and placed into the account described in Section 2.4,
the security so deposited, plus accumulated interest, or any
portion thereof remaining after all duly incurred expenses to
that point have been paid, shall be returned to EDC.
2.5.
Attornevs' Fees. In, the event either party
commences litigation for a specific performance or damages for
the breach of this Agreement, the prevailing party shall be
entitled to a judgment against the other for an amount equal to
reasonable attorneys fees and court costs incurred.
2.6.
Severabilitv.
If any provision of this
Agreement is held invalid, the remainder of this Agreement shall
not be affected thereby, if the remainder within continues to
conform to applicable law.
(Individual)
--
STATE OF CALlF~NIA "-
COUNTY OF 19-1\1 t::77EG~
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me, the undersigned. a Notary Public in and for
appeared
. pcrsondly known to me or
proved to me on the basis of sa~ctOry evidence to be
the pcrson_ whose name / subS~Ef to the
within instrument and ackno'wJcdgcd that exe-
cuted the same.
WITNESS my hand and official seal.
@.S'OFFICIAlSEAl
." '. PATRICIA YOUNG
r.....,; _ NOTARY PUI!IUC.CAI.lFORNIA
. PRINCIPAl OFFICE IN
, SAN DIEGO COUPf1Y
.. ~ Uy~Eq.__a.ll19
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REVISED SECTION 1.3, PAGE 4, OF MASTER AGREEMENT
FOR THE ACQUISITION, CONSTRUCTION, AND FUNDING OF
TELEGRAPH CANYON ROAD/OTAY LAKE ROAD IMPROVEMENTS
Revised portion in upper case type.
-1.3 Cost of Improvements. The initial cost of the Improvements as
described in Section 1.1 and 1.2 above, shall be borne by EastLake including
land acquisition, the design and engineering costs, preparation of the grading
plans, construction plans and specifications, right-of-way diagrams and
drainage channel landscape plans; AND EASTLAKE SHALL 'ADVANCE THE COST OF ANY
SHORT FALL IN EXCESS OF CITY BUDGETED FUNDS FOR THIS PROJECT THAT THE CITY
EXPERIENCES IN CONSTRUCTING PHASE III TO 6 LANES OF PAVEMENT (THE CITY'S
CURRENT BUDGETED AMOUNT IS APPROXIMATELY $5.6 MILLION); provided, however,
that the City has already authorized a DIF credit pursuant to Section 4(b) of
Ordinance No. 2251 for Phase I of the Road Improvements by Resolution No.
13500 adopted on , 1988 and wi 11 1 i kewi se consider .authori zati on
OF DIF CREDITS FOR PhaseS II AND III of the Road Improvements when requested
to do so; provided further that City shall consider authorization for Drainage
Fee credits or reimbursements following the adoption of the Drainage Fee
ordinance described above.
WPC 3894E
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RESOLUTION NO. 137/~
~'d-n
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND EASTLAKE DEVELOPMENT COMPANY FOR THE MAINTENANCE
OF TELEGRAPH__ CANYON CHANNEL
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
.
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOV1, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, 'and EASTLAKE
DEVELOPMENT COMPANY, for the maintenance of Telegraph Canyon
Channel
dated the day of , 198 , a copy of which' is
attached hereto and incorporated herein, 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
Approved as to form by
John P. Lippitt, Director
of Public Works
\tCLJ!~'
Thomas J. Harr
Attorney
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AGREEMENT REGARDING SECURITY FOR VARIOUS
TELEGRAPH CANYON/OTAY LAKES ROAD IMPROVEMENTS
This agreement is entered into this
9th
day of
September
, 1988 by and between EastLake Development Company, a
California partnership comprised of corporations ("EastLake"),
and the City of Chula Vista, a municipal corporation (the
"City"), based upon the following facts:
RECITALS
1.
EastLake and the City have previously entered into a
Master Agreement concerning the acquisition, construction and
funding of various Telegraph Canyon Road/Otay Lakes Road public
improvements, dated
AURust 2, 1988 , as approved by the City
Council pursuant to their Resolution No.
13715
(hereinafter
referred to as the "Master Agreement").
2.
Pursuant to the Master Agreement, the City has required
EastLake to provide security acceptable to the city for various
anticipated costs of public right-of-way, and for the cost of
construction of various public improvements to be borne by
EastLake in the future.
,
3.
Various methods of providing "security acceptable to the
city" are contemplated between the parties, depending upon the
particular improvement or obligations of EastLake set forth in
the Master Agreement.
4. The parties to this Agreement have agreed as to what
constitutes "accept~ble security" for payment of the anticipated
AGOOOCKB/9-9-88
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costs of the public rights-of-way necessary for the Drainage
Channel Improvements specified for Phase II of the Telegraph
canyon Road Improvem~nt Project and the anticipated construction
costs and anticipated right-of-way costs for the Drainage Channel
specified for Phase III of the Improvement Project.
NOW THEREFORE, IN CONSIDERATION OF THE ABOVE FACTS WHICH ARE
INCORPORATED HEREIN BY REFERENCE, AND FOR OTHER VALUABI.E
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE
PARTIES AGREE AS FOLLOWS:
1.
For purposes of providing a portion of the security
which EastLake must establish pursuant to the Master Agreement
referred to above, EastLake shall establish an irrevocable
letter(s) of credit naming the City as Beneficiary in the amounts
and for the purposes and subject to the conditions herein. City,
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" .subject to the limitations herein, shall accept the letter(s) of
credit as security for the specified improvements and
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obligations.
2.
EastLake shall establish in favor of the City an
irrevocable letter(s) of credit as follows:
2.1 An irrevocable letter of credit in the principal
amount of Seven Hundred sixty Seven Thousand Three Hundred Sixty
,
,~ Two Dollars ($767,362.00) for the anticipated Drainage Channel
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construction cost Phase III of the Telegraph Canyon Road/Otay
Lakes Road Improvement project, as defined in the Master
AGOOOCKB/9-9-88
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Agreement referenced hereinabove. EastLake shall l'urther provide
an irrevocable letter of credit in the amount of One Hundred
Fifty Five Thousand ~wo Hundred Thirty Two Dollars ($155,232.00)
for the estimated public right-of-way acquisition cost which the
City may acquire directly or indirectly, through purchase or by
eminent domain for Phase III of the Drainage Channel Construction
Project 1 and
2.2 An irrevocable letter of credit in the amount of
Seven Hundred Eig~teen Thousand One Hundred Dollars
($718,100.00), Which is the estimated cost of public rights-of-
way which must be acquired from private owners for the
construction of the Drainage Channel improvements for Phase II of
the Telegraph canyon RoadjOtay Lakes Road improvement project,
pursuant to the Master Agreement referenced hereinabove.
3. The City shall be entitled to draw upon said letter(s)
of credit in the following circumstances:
3.1
a. If any letter 01' credit securing the
obligations contained hereinabove in paragraphs 2.1 and 2.2 shall
be due to expire provided, however, that the City may not draw
upon said letter of credit until 15 days after notice to
EastLake1 and
b.
City shall have adopted a resolution of the
City Council in the form set forth in Exhibit A, attached hereto.
AGOOOCKBj9-9-aa
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3.2 If the City shall have: (a) declared EastLake in
, default of one or more of its obligations as set forth in the
.~ Master Agreement, and City shall give notice to EastLake of its
1 intent to draw upon the letter(s) of credit no less than 30 days
~
j prior to its date of draw; and (b) City shall adopt a resolution
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hereto.
4.
The City shall draw upon said 1etter(s) of credit in the
amounts authorized and for the purposes set forth hereinbelow:
4.1 If the City draws upon the letter(s) of credit
established in accordance with paragraphs 2.1. and 2.2
hereinabove it shall: (a) in the case of a scheduled expiration
of any of the letter(s) of credit which may be established, be
entitled to draw the entire amount of the letter of credit, if
prior to the draw the letter of credit has not been renewed or a
cash deposit substituted; and (b) in the case of a letter of
credit securing any obligation to construct improvements, be
entitled to draw the amount the city shall be obliged to pay any
contractor to construct the improvement for which the letter of
credit was established within 30 days of the date of draw; and
(c) in the case of a letter of credit securing any obligation to
acquire public rights-of-way, be entitled to draw any sums
required to acquire rights-of-way pursuant to a fully executed
purchase agreement or Deposit of Probable compensation.
AGOOOCKB/9-9-88
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5.
EastLake from time to time shall build facilities that
require rights-of-way. the provisions for which are secured by
letter(s) of credit. upon EastLake's request, fOllowinq the
1 tender of other security acceptable to the City or Eastlake's
^
! performance of its obligations, the City shall agree to reduce
the amounts of the letter(s) of credit specified hereinabove in
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paragraphs 2.1 and 2.2. For example, in conjunction with such
reduction of security, EastLake may provide performance, labor
and materialmen's bonds in conjunction with 'the issuance of any
construction contract or Drainage Channel Improvement in
Phase III. EastLake may also from time to time post cash
j deposits with the Superior Court to obtain public rights-of-way.
6.
For purposes of tendering a demand for payment to any
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. financial institution with whom an irrevocable letter of credit
.~ is established, the City shall adopt, by majority vote of the
! quorum of the City Council, a Resolution in the form set forth in
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Exhibit "A" attached hereto, and shall prQvide the financial
institution where a letter of credit is established, what
purports to be a certified copy of said Resolution tendered in
person by a person designated by the city Council in the
Resoluticn such as Lyman Christopher, the City Treasurer, Gina
Chammas, Assistant City Treasurer, John GosS, city Manager, or
sid Morris or Gene Asmus, his Deputy and Assistant, any of whom
must bear identification, together with a site draft in the
amount of the authorized draw.
AGobOCKB/9-9-88
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7, In the event of any delay of EastLake's performance
under said Master Agreement, EastLake shall not be 1n default
during any period of enforced delay. Enforced delay shall be
defined pursuant to this Agreement as a failure to perform or a
delay in performance where such failure or delay in performance
is due to war, insurrection, strikes, walk-outs, riots, floods,
unusually inclement weather, earthquakes, fires, casualties,
litigation, inability to obtain governmental permits (where
EastLake has diligently pursued issuance of permits), or other
occurrences beyond EastLake's reasonable control. In any event
of claimed enforced delay, EastLake shall provide the city with a
notice of such event and an extension of time for such cause will
be granted in writing for a period of the enforced delay, or a
longer period as may be mutually agreed upon.
8.
Any notices provided pursuant to this Agreement shall be
in writing and delivered in person or sent by certified mail,
postage prepaid, return receipt requested, to the principal
offices in the City of Chula Vista of EastLake Development
located at:
EastLake Development
900 Lane Avenue, suite 100
Chula vista, California 92013
Attn: Gary S, Kashing
AGOOOCKB/9-9-88
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And to the city at:
,
city of Chula Vista
276 4th Avenue
Chula Vista, CA 92010
Attn: -- City Engineer
Notice shall be effective on the date delivered in person or the
.,
date when the postal authorities indicate the mail is delivered
to the address of the receiving party indicated above.
Said notices may be sent in the same manner to other persons
j and addressees as other parties to this Agreement may from time
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, to time designate by mail.
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9.
If any material provisions of this Agreement are held
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j invalid or unenforceable, this Agreement will be automatically
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j terminated unless, within 15 days after such provision is held
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invalid by a trial court of competent jurisdiction, the party
:. holding rights under the invalidated Agreemant affirllls the
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balance of this Agreement in writing. This Agreement may only be
:1 modified from time to time by the mutual consent of the parties
.~
:\ and only in the same manner as its approval, by a written
'1 modification signed and authorized by the city of Chula Vista and
:1 EastLake Development Company.
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IN WITNESS WHERF.OF, the parties hereto have executed this
Agreement on the date firmt written above.
CITY:
CITY OF CHULA VISTA,
a municipal corporation
By~Ap<"",,/
Ci Engineer
DEVELOPER:
-EastLake Development Company,
a california general partnership
comprised of,corporations
1f,-
. KGlshing
President Operations
~
AGOOOCKB/9-9-88
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619 23? 6~~8 P.0~
EXHIBIT "A"
i<ESOLUTION NO.
RESOLDTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA--DECLARING ITS ENTITLEMENT TO
SECURITY FOR PUBLIC IMPROVEMENTS AND RIGHT-OF-
WAY NECESSARY FOR COMPLETION OF THE TELEGRAPH
CANYON ROAD/OTAY LAKES ROAD IMPROVEMENT
PROJECT.
The city council of the city of Chula vista does hereby
resolve as follows:
WHEREAS, EastLake Development company and the city of Chula
Vista had previously entered into a Master Agreement for the
acquisition, construction and funding of Telegraph Canyon
Road/otay Lakes Road improvements, approved by Resolution of the
City No. 13715, and an Agreement regarding security for various
Telegraph Canyon Road/Otay Lakes Road improvements approved by
Resolution of the City No. _ , hereinafter referred to as the
"Master Agreement" and the "Security Agreement;" and
WHEREAS, the city of Chula vista pursuant to said Agreements
has accepted a letter of credit for security of specified
obligations of the Master Agreement, all as set forth in the
Security Agreement for various Telegraph canyon Road/Otay Lakes
Road improvements and rights-of-way; and
WHEREAS, the Security Agreement requires that the City, prior
to exercising its rights to the funds assured by the letter of
credit, provide EastLake with written notice of the City's intent
to draw upon the letter of credit and set forth one of the
reasons the city is entitled to the funds secured by the letter
of credit, as specified in the Security Agreement;
NOW THEREFORE, BE IT RESOLVED by the City Council of the city
of Chula Vista:
[PROVIDE ONE OF THE FOLLOWING]
1
1. A letter of credit, posted as security for the
obligations of the Master Agreement, is due to expire within
fifteen days of the date of the approval of this Resolution, and
the city has given EastLake notice of its intent to draw upon the
letter of credit as specified in the Security Agreement, and
EastLake has not renewed the letter of credit nor tendered other
security for perfor~ance of EastLake's obligations under the
Master Agreement.
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13'3 '0;:' 1 ~E:::; If:.: 2.~1 LUCE rOPI,iAF'D SAt! r! j EGO
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619 2~2 67:.8 P.Q~
2. EastLake has been declared in default of its obligations
under the Master Aqreement, and the City has given EastLake
notice of its intent to draw upon the letter of credit as
required by the Security Agreement, and t~e city shall draw and
use the fund drawn for payment of right-of-way acquisition costs
and/or improvement costs as specified in paragraphs 2.1 and 2.2
of the Master Agreement and all require.ents of the Security
Agreement.
BE IT FURTHER RESOLVED, by the city of Chula vista, that this
Resolution be served upon EastLake Development, and
that be authorized pursuant to the security
Agreement to draw upon the letter of credit be authorized by the
city to so draw.
Presented and Approved as to form by
Thomas J. Harron, City Attorney
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COUNCIL AGENDA STATEMENT
Item ~2..
ITEM TITLE:
Meeting Date-LL2~
Resol ut i on I~t.~~ Approvi ng a permi t and enteri ng into a
Hold Harmless Agreement with Sweetwater Authority
Director of Parks and Recreatio~
Director of Public WorksA~
City Manager ~ ~ (4/5ths Vote: Yes___No-!-)
SUBMITTED BY:
REVIEWED BY:
Sweetwater Authority has a 3D-foot utility easement along Sweetwater Road
where gradi ng for the athl et i c fi el ds in the Rohr Park Improvement Project
Phase I has encroached.
RECOMMENDATION: That Council approve the permit and Hold Harml ess Agreement
and authorize the Mayor to execute the agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On February 6, 1990, Council approved a Hold Harmless Agreement which was
required by the South Bay Irrigation District and Sweetwater Authority for the
athletic field improvements over two util ity easements at the eastern end of
Rohr Park. Si nce then, Sweetwater Authori ty has acqui red the water system
from South Bay Irrigation District and is now the sole owner and operator.
Sweetwater Authority recently notified the Parks and Recreation Department
that a new Hold Harmless Agreement (Attachment A) is required for the 3D-foot
util ity easement along Sweetwater Road which is being encroached by the Rohr
Park Improvement Project. Origi na lly, the improvements di d not affect the
easement; however, the revi sed plans shi fted the drai nage structure to run
along the base of the Sweetwater Road slope.
The permit an Hold Harml ess Agreement is s imi 1 ar to the February 6, 1990
agreement entered into by the City and the South Bay Irrigation District and
Sweetwater Authority for two different utility easements on the park property.
FISCAL IMPACT: None.
Attachment: Hold Harmless Agreement.
WPC 1677R
ll~(
RESOLUTION NO.J l.-:z.",~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE A
PERMIT AND HOLD HARMLESS AGREEMENT WITH THE
SWEETWATER AUTHORITY FOR A 30-FOOT UTILITY
EASEMENT ALONG SWEETWATER ROAD
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the Sweetwater Authority has a 30-foot utility
easement along Sweetwater Road where grading for the athletic
fields in the Rohr Park Improvement Project Phase I has
encroached.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby authorize the Mayor of the
City of Chula Vista to execute a permit and Hold Harmless
Agreement with the Sweetwater Authority for a 30-foot utility
easement along Sweetwater Road.
Presented by
Approved as to form by
Jess Valenzuela, Director
of Parks and Recreation
~
Attorney
9009a
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ReoordID;J RequestEd By
ani Return To:
SWeetwater Authority
505 Garrett AvE!lUle
Olula vista, CA 91912
Attn: ErKJineeriIq Departmant
PERMIT AND HOlD HARMIESS J\GREEMENT
'!his agreemmt is made as of the day of
, 19_, by ani between the City of O1ula vista
("CJwner"), ani its heirs, assigns ani S11ccesS-:>rs in interest ani the
SWeetwater Authority ("Operator").
RECITAIS
A. OWner, South Bay I=igation District ani Operator entered
into a Pennit ani Hold Hannless Agreement ani Pennit, dated FebIUaIy 6,
1990 ani recorded as Document No. 90-383752. Said agreem:mt =ntained
provisions =n:::entin::J OWner's encroadnnent on Operator's easements set
forth in said agreerrent.
B. OWner is the owner of property described on Exhibit "e" ,
attached hereto ani made a part hereof, ani refe=ed to as Rchr Park.
OWner is prcp:lSiIq inprovements to Rchr Park, inclucl.in:J but not l:i1nited
to, land~piIq, i=igation systems, softball fields ani gradi.n;J.
C. SWeetwater Authority is 1'1OW' the sole owner ani operator of
the water system whidl serves water Cl.I.St:cIoors in the cities of National
City, O1ula vista ani portions of Bonita. Said system includes water
mains ani easements (Operator's easements) .
D. SUbsequently, OWner has encroadled upon a different easement
whidl contains Operator's 42-inc::h water main. Said easement is described
an Exhibits "A" ani "B" attached hereto.
E. '!he parties hereto seek to enter the same agreerrent with
respect to the new encroadnnent OI/er the easement described herein, as
was entered into in the FebIUaIy 6, 1990 agreerrent.
J\GREEMENT
'lherefore, in =nsideration for the Operator's =nsent to the
aforementioned inprrNements, it is m.rt:ually agreed as follows:
1
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1. OWner is hereby pennitted to eocroach in the q;Jerator's
easement area specified on Exhibit "A" with its inprovE!llel'lts.
2. OWner for itself, its heirs, assigns am S1'~eors in
interest agrees to hold q;Jerator hannless fran arrj
liability, claim, demarxi, danage, or cost suffered or
i.nc:urred by OWner which results directly or inlirect1y fran
flow, ropbJre, or spillin3" of the 42-inch water main passin3"
thra.Igh the q;Jerator's A'l<=rnPnt; caused by OWner's
erx:roadlment.
3. OWner, for itself, its heirs, assigns am Sll"'OeSSOrs in
interest agrees to in:iemnify q;Jerator for all costs am
expense which are neoessary to repair q;Jerator's water main
which exceed the costs to repair said water main if the
OWner's inprovE!llel'lts did not eocroach upon the q;Jerator's
easement, as to repairs neoessitated by OWner's eocroad1ment.
4. 'Ibis ay.l.~t shall remain in full force am effect to
inure to the benefit of q;Jerator am its SU~.,ors in
interest so lorg as the aforementioned eocroad1ment in
Operator's easerrent continues in existence.
OONER
CITY OF 0lUIA VISTA
Date:
By:
Mayor
Date:
By:
Clerk
Awroved as to fom
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City Attorney U
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rv'agree/rdupark
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PARCEL A:
A strip.of land 30.00 feet in width lying within Quarter Section 47, of Rancho
de la Nacion, in the County of San Diego, State of California, according to Map
thereof No. 166, filed in the office of the County Recorder of said San Diego
County May 11, 1869, the boundaries of said strip of land described as follows:
Commencing at the northwest corner of the northeast quarter of Quarter Section
47, being the most southerly corner of land described as Parcel "A" in deed to
Robert B. Zinser, et ux, filed in the office of the County Recorder of said San
Diego County May 13, 1963, as Document No. 82296; thence South 19016'02" East
(record South 19038'46" East) 14.01 feet. to the southerly line of County Road
Survey No. 471, a plat of which is on file in the office of the County Engineer
of said San Diego County, as said southerly line is shown on Record of Survey
Map No. 7377, filed in~e office of the County Recorder of said San Diego
County March 18, 1971, being the TRUE POINT OF BEGINNING: thence along said
southerly line, and along the easterly prolongation of said southerly line North
72027'29" East (record North 72095'52" East) 498.26 feet to its intersection
with the easterly boundary of the land described in the above mentioned deed to
Zinser; thence South 18012'59" East u-ecord South 18034'11" East) 0.12 feet;
thence South 37012'54" West u-ecord South 36051'54" West) 51.99 feet; thence
South 72027'29" West 993.12 feet, parallel with and 30.00 feet South of
R.S..471; thence North 18000'13" West 30.00 feet; thence North 72027'29" East
537.22 feet, along the southerly line of said R.S. 471 to the TRUE POINT or
BEGINNING.
EXHIBIT "A"
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SWEE/Yv'A"TER ROAD
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H/'NCDRHER OF l1--Il':::.. HIE. 1/4 OF '/4 SE..G .41
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AUTHORITY EASEMENTS !
SEE EXHIBIT A
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EXHIBIT C
COUNCIL AGENDA STATEMENT
Item ~3 A....s
Meeting Date 7/9/91
Report Installation of protective covering at Orange-
Rienstra Park
Resol ut i on It, 'l.f4.S Appropri at i ng funds for protect i ve
covering at Orange-Rienstra Park and authorizing the transfer
of $12,205 from Residential Contraction Tax Fund and
appropriate to General Fund Account 100-1531-5362
SUBMITTED BY: Director of Parks and Recreatio~
REVIEWED BY: City Manager!1' (4/5ths Vote: Yes-x-No___>
1/
ITEM TITlE:
At the May 21, 1991 Council meeting, staff was directed to investigate a
complaint by Little League coach, Tom Martin, regarding the need for
protective covering at Orange-Rienstra Park and report back to Council with
recommendations. At the June 4, 1991 Council meeting, staff was asked to meet
with the South Bay Little League regarding the report and return to the July
9, 1991 Council meet i ng wi th results of meeting with the South Bay L ittl e
League and review by the Parks and Recreation Commission.
RECOMMENDATION: That Council accept Alternative #1 thereby directing staff
to replace the netting material with chain 1 ink screening and requiring the
League to share in the project's cost.
BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission
recommended that the City finance the total cost of installation of protective
chainlink screening.
DISCUSSION:
The Department recei ved a 1 etter from Mr. Tom Martin, coach of a South Bay
L ittl e League team usi ng Orange-Ri enstra Park (Attachment A). Mr. Martin's
ma in concern deal s wi th the deteri orated overhead nett i ng materi a 1 used to
protect spectators in the bleachers and snack stand areas. Mr. Mart i nand
League representatives contend that the deteriorated condition of the covering
is a potential safety hazard due to "pop-ups" or foul balls going through the
net and hitting patrons.
The Department attempted to deal with stray foul balls on thi s fi e 1 d back in
1985 when the fences for the L ittl e League p layi ng fi e 1 ds were upgraded. At
that time, staff met with the South Bay League officers and it was agreed that
the back stop fencing and the side line fencing be raised an additional 6 to 8
feet. The purpose of raising the fencing was to provide a greater safety
margin to spectators and snack bar patrons from foul balls.
The first year following the installation of new fencing, the new League
officers requested permi ss i on from the Department to install some type of
netting over the bleachers and snack stand area. The Department had no
objections with the League's request. However, a condition was placed on the
League reqUiring the netting be removed and stored at the end of the season.
~3 --I
Page 2, Item .2~
Meeting Date 7/9/91
Over course of years, the netting has deteriorated at this site and foul balls
have gone over the extended fencing. It is, therefore, necessary to replace
this material with something more durable. Because of the cost associated
with replacing the protective covering, staff sought bids on fencing and
netting material as well as analyzing various financing alternatives.
However, before these financing alternatives are discussed, it is important to
point out that this potential hazard is not unique to this playing field site
but is characteristic of all locations now being used by youth baseball and
softball leagues. For example, this scenario is also the case at Greg Rogers
Park and Eucalyptus Park. Protect i ve cages may be along term necess i ty at
all sites with 1 eagues. The Department wi 11 be eva 1 uat i ng these fi e 1 ds to
determi ne the issue of 1 i abil ity and the poss i bil i ty of i nsta 11 i ng cages as
part of the CIP process.
In determining the best suitable material for the Orange-Reinstra Park
ballfield, the Department considered several materials including netting
fabri c and other fenc i ng type materi a 1 s. These were found to be
unsatisfactory due to their lack of durability and longevity.
Consequently, a chain 1 ink material appears to be the most durable and is
recommended for installation. The suggested method of financing includes
having the League and City enter into a joint partnership and share in the
costs. This encourages leagues to share in the responsibility of their
respective play sites during the season and throughout the year and to work
with the City in addressing potential problems and also providing solutions
that include funding.
This approach has in fact worked successfully in the past. For example, the
Department has worked cooperatively with the Chula Vista Girls Softball
Association in their request for modification to their playing fields. The
City went into partnership with this league, with the City providing funding
for backstops and the league providing the labor and additional materials for
outfield fencing, realignment of playing areas and modification to the
irrigation system.
Other cities such as San Diego provide City matching funds within the budget
to accommodate communi ty organi zat ions who wi sh to work in partnershi p wi th
the City to upgrade, improve and purchase equipment for the betterment of the
communi ty. Thi s has proved to be a successful program in that the 1 eagues
have developed a sense of responsibility and ownership in the facilities they
utilize.
South Bay Little League has been contacted regarding matching funds for this
project and are receptive to the partnership funding concept, although the
League has only committed to $1,000. An additional $500 may be provided by
the League through a private sponsorship.
Financino Alternatives
Staff has investigated several alternatives to resolve this apparent problem.
Listed below are the suggested alternatives and the fiscal impact for
implementation. It should be noted that competitive bids are still being
23'.2..
Page 3, Item 23
Meeting Date 7/9/91
sought for this project and the figures shown reflect just one bid. An
alternate bid was provided by the League, with a total cost estimate
approximately $4,000 lower. The figures utilized in this report are based on
the higher bid obtained by City staff.
Alternative 1:
Replace the netting material with chain 1 ink fencing or other similar
material which provides a stronger and longer lasting barrier. The City
and the Little League would enter into a funding partnership, whereby the
League would pay $1,000 and the City would pay $12,205. The League would
arrange to have the old netting removed.
Cover patio area by concession stand:
Materi a 1
Labor
Cover dugout area:
Materi a 1
Labor
Cover bleacher area:
Materi a 1
Labor
Fiscal Impact:
Alternative 2:
$ 3,765
4.000
$ 7,765
$ 910
1. 350
$ 2,260
$ 1,155
2.025
$ 3,180
$12,205
($13,205 total cost less $1,000 League
payment)
Finance the installation of protective chain link screening with RCT
Funds.
Fi sca 1 Impact:
Alternative 3:
$13,205.00
Requi re that the L ittl e League i nsta 11 the protect i ve screeni ng at the
League's expense.
Fiscal Impact: None.
FISCAL IMPACT: Alternative 1:
Alternative 2:
Alternative 3:
WPC 1666R
$12,205
$13,205
None
~3 -.3
RESOLUTION NO. lI,.t'l5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS FOR PROTECTIVE
COVERING AT ORANGE-RIENSTRA PARK
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, there has been considerable concern expressed
by South Bay Little League regarding the hazardous parking
situation and the deteriorated overhead netting material used to
protect spectators at Orange-Rienstra Park; and
WHEREAS, at its meeting of May 21, 1991, Council
directed staff to investigate the need for protective covering at
Orange-Rienstra Park; and
WHEREAS, the Parks and Recreation Department has
recommended that the netting material be replaced with chain link
screening, on the condition that the League contribute services
and $1,000 cash toward completion of the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby appropriate $12,205 from the
Residential Construction Tax Fund to General Fund Account
100-1531-5362, subject to the satisfactory performance of the
condition by the South Bay Little League.
Presented by
Approved as to form by
Jess Valenzuela, Director of
Parks and Recreation
9027a
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From:
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A'lTACHMENl' A
~r. Leonard Hoore ../~
~y= ~
Tom Har~~ '
:Littl~ea~ .Coach, Orange-Rienstra
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Wtc.If'.WI- ~,
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Park
J:te.:
Subject: Xecessity of a Protective Coverins at Orange-Rienstra Park
(b) Staff has displayed an unusal lack of empathy
and, understanding and an almost cavaliar attitude
regarding our aecond concern. This was fi~st,brought
to the attention of ataff laat Februaryr again
by telephone ,and, personally last week, all in the
. attempt to get something done.
Sum.ary: During our oral presentat~on to the c~ty council on Hay
21, 1991i I shalr introduce to you the ar~a of concern
by clari~ying the enclosed aketch and' familiar zing you
vith the attached photographs of this dangerous situation.
Your favorable Consideration ,of this matter and expedious
response is appreciated. Plesse allow me to ths~k1YOU
in advance for the little Chula Vistans vho are at risk
while watching their brothers and sisters play ball.
,.
,-
1. Attached is a letter to the Director of Parks and Recreation,
d~ted Anr11 29. 1991. ,,", - ".', '.. ,
2. As of this date there has been ,no response, however
(s) He, apparently, turned these concerns over to a
: . staff member who is to be credited for getting
the parking restriction implemented
Note:
Two days after'this implementation an accident
occurred on the ball field which required the
services of an emergency vehicle. If this accident
had Occurred a week earlier I am afraid we would
have had a most awkward situation in that the
vehicle could not have gotten into the area.
While ve appreciate the way this was expedited
ve strongly feel the second subject is actually
more hazardous than the first.
'.
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-
Wnc:-Director Parks and lecreatior.. Apri).'J,9" .19,91
-Three Photographa indicating the ar'ea of 'concern
-Drawing/Sketch of area
V:;:
Director, Parks and Ie creation
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April 29, 1991
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Jess Valenzuela, Director
:Parks and Recreation
'Chula Vista, Ca. 91910
From: Tom Martin, ~ssistant Coach Cardinals
Minor League Orange-Rienstra Par~ .
Chula V.ista., Ca. 91911
Purpose:
To restate and elaborate concerns per our conversation last
week regarding Orange/Rienstra Park
"
Subject: I Hazardous Park~ng situation
II Dangerous Bleacher and~pectator area
.
Item
I This particular park'does not have adequate parking spaces.
the parking ~reas that are available are joined by a narrow
bottle neck strip that allows ~arking in a hap hazzard manner.
a- This bottle neck is most dangerous every Saturday with folks
parking on, parallel and adjacent too the immediate walkway
leading ~o the snack bar area.
, . '
!:: This .parking situation makes it very hazardous to the l"ittle
people who come with their families., These little people
are at risk'due ~o the closeness'of parked cars and drivers
trying to weave their way through this maze.
c- Th~ cprrent situation, especially each Saturday, will restrict
an ,emergency vehicle from entering ~he Pony 'League field area~
"
Note: During th, next years budgetary prpcess or.at any time you may
feel pert~nent, I would welcome'~he opportunity of assisting
...:" the process of having a parking area. created' in the SDG&E green-
. !ay.that is next to the park on the eastern side"of ~ax Avenue.
"0 , .
d- Staff ,did Bsree with me, though expressed concerns abou~ en-
-- fQrcement.~ It was my impression that a no parking area was
to be ~stablished by t~e painting.~nd marking of "no parking".
II
The spe~tator area between the Major and Minor League fields
is dangerous to persons as they .0 to the snack bar'and watch
ball sames. It is note worthy that both home plates are clo-
ser than anywhere else in the city park system thus bringing
two seperate spectator sr~ups sittins in the aame bl!acher
complex, only facins opposite directions.
The exsistins protective overhang aaterial (a net fabri~
material donated a few years ago by the United States Navy)
has.simply worn out.
Fo~l balls, o~er throws and other errant ba!ls from either
the Major or Minor League teams do fall directly into and .
onto the spectator and walkway area.
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(1) It ~s only natural that this pa~ticular age group of the players
(9 ~o 13) haTe brothers 'and sisters, These little Chula Vistans
are at particular risk, as they vatchtheir family member parti-
cipa~e, from being struck by a ba1l~rom the other game,
,
~' The argument presented by staff that this protective covering is
the leagues problem, falls apart upon impartial~observation,
(1) The league officers ser~e on a rearll basis" at the pleasure ~f
participants a,nd are no' the property. owners.
(2) The property ov,ners must; bear"the ultimate,;,~esponsibility of
safety of persons using the parle se~rice8" "Whether it is an
organized Little League event of simply guys hitting ball,
should not defer r~sponsibility. :
,
..
(3) This is a City park, the City of Chula Vista is the property
owner .
(4) Staff doe~ not agree w;th this position and feel it is not the
ci ties respoll,si bili ty.'
Summary: This situation needs to be 'addressed most expediousally.
At this writing, persons are.at risk. The parking situation
is diffie.ult yet s'afety should not be compromised'; Any area
that ,:the public enj oys. throug,hQut city, sh9Uld have emergency
Tehicle access. The simpleabsolTement of responsibility by
staff.; regardin'g the immediate' need of the protective overhang
.ate~~al is unnacceptable. Citizens must be protected from
being;blind sided from a way-ward ball~ The risk is pr~sent
, now, ~~ch ,night and further compounded on any given Saturday.
" It is'~incerely hoped that these dangerous situations shall '
~.iJAe ~~.~s.~ed ~mmedi,atel.~ and~s~:~SsfUllr c~mpleted. "
Thomas A.~ ' " ,n.
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Kajor League, Orange-Rienstra Park
Kinor League. Orange-Rienstra Park
South Bay Little League, Orange-Rienstra Park
President,
Pl::esident,
President,
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COUNCIL AGENDA STATEMENT
Item '-4
Meeting Date 7/9/91
ITEM TITLE:
Public Hearing:
a) Consideration of Water Conservation Plan and
Air Quality Improvement Plan for Rancho del
Rey SPAs II and III;
b) Consideration of Rancho del Rey Sectional
Planning Area III Design Guidelines
c) PCS-90-02: Request to subdivide 404.9 acres
known as Rancho del Rey sectional Planning
Area III, Chula vista Tract No. 90-02 located
between East "H" Street and Telegraph Canyon
Road, immediately south of Rancho del Rey SPA
I; Rancho del Rey Partnership
Resolution )(.,~18 Recertifying that the Final EIR-89-10 for
Rancho del Rey SPA III has been prepared
in compliance with CEQA, the State CEQA
Guidelines and the environmental review
procedure of the city of Chula vista
Resolution I/.. 'l.\q Approving the Water Conservation Plan for
Rancho del Rey SPAs II and III with
amendments per Attachment 1
Resolution J~iL~ Approving the Air Quality Improvement
Plan for Rancho del Rey SPAs II and III
Resolution I ~7.7../ Approving the Design Guidelines for
Rancho del Rey SPA III
Resolution
J (.,'2.~~ Approving the tentative subdivision map
for Rancho del Rey SPA III
J ~ ~13 Amending the CEQA Findings for EIR-89-10,
Rancho del Rey SPA III
I ~ 7-)" If Amending the Mi tigation Moni toring
Program for EIR-89-10, Rancho del Rey SPA
III
Director of Planning ~
city Manage~ (4/Sths Vote: Yes ___ No ~)
Resolution
Resolution
SUBMITTED BY:
REVIEWED BY:
~tI-1
Page 2, Item
Meeting date
1.1/
7/9/91
This project was originally scheduled for a City Council public
hearing on June 18, 1991, and was continued to the meeting of
July 9. Several changes have been made to the Council Agenda
Statement and attachments which you received for the June 18
meeting on the above project. A memo is attached which further
clarifies the changes (Exhibit A).
The applicant, Rancho del Rey Partnership, has submitted a
tentative map for the sectional Planning Area (SPA) III Plan to
subdivide approximately 405 acres into residential lots, open space
areas, a school lot, a park, and a community purpose facility lot.
The project is bounded on the north by East "H" Street and Rancho
del Rey SPA I, on the south by Telegraph Canyon Road, on the west
generally by Paseo Ladera and existing development, and on the east
generally by Buena vista Way (Exhibit 1 attached).
Included for your consideration are the Air Quality Improvement and
Water conservation Plans prepared for Rancho del Rey SPAs II and
III as directed by City Council, the tentative maps for the three
phases of SPA III, and the Design Guidelines. The Design
Guidelines were presented for informational purposes at the time of
SPA Plan review and are presented at this time for adoption.
Rancho del Rey SPA III is the final sectional Planning Area for the
El Rancho del Rey specific Plan. The SPA I plan was approved in
1987 and is now under construction. The SPA II plan was approved
in 1989 and is also under construction. Rancho del Rey SPA III was
approved in January, 1991.
The city Council previously certified EIR-89-10 and the associated
mitigation monitoring program in its consideration of the sectional
Planning Area Plan for Rancho del Rey SPA III. Additional
mitigation measures are proposed with the air and water plans.
Therefore, amendments to the CEQA Findings and the Mitigation
Monitoring Program are required. A more complete discussion of
these environmental documents is contained in the Discussion
section below.
RECOMMENDATION
1. Recertify that the Final EIR-89-10 for Rancho del Rey SPA III
has been prepared in compliance with CEQA, the State CEQA
Guidelines and the environmental review procedure of the City
of Chula vista;
~I/-z.
Page 3, Item 2l.f
Meeting date 7/9/91
2. Adopt a resolution approving the Water Conservation Plan for
Rancho del Rey SPAs II and III with the following amendments:
Amendment No. 1 Table 1-2 on page 3; Amendment No.2
Pages 31 and 32 (Amendments are contained in Attachment 1 to
this report);
3. Adopt a resolution approving the Air Quality Improvement Plan
for Rancho del Rey SPAs II and III;
4. Adopt a resolution approving the Design Guidelines prepared
for Rancho del Rey SPA III;
5. Based on the Findings and Conditions in the attached draft
city Council Resolution, approve the tentative subdivision map
for Rancho del Rey SPA III;
6. Adopt a resolution amending the CEQA Findings for EIR-89-10,
Rancho del Rey SPA III; and
7. Adopt a resolution amending the Mitigation Monitoring Program
for EIR-89-10, Rancho del Rey SPA III.
BOARDS/COMMISSIONS RECOMMENDATIONS
On March 31, 1991, the Parks & Recreation Commission approved the
concept park plan.
On May 6, 1991, the Resource Conservation Commission reviewed the
tentative map and had no comment.
On May 8, 1991, and on May 22, 1991, the City Planning Commission,
held public hearings to consider the air and water plans, the
design guidelines and the tentative map. On May 22nd the
Commission unanimously recertified EIR-89-10, and recommended
approval of the design guidelines and provisional approval of the
tentative map for Rancho del Rey SPA III. While the Commission
reviewed and considered both the Air Quality Improvement Plan and
the Water Conservation Plan, no action was taken. The provisional
tentative map approval is based on both the air and water plans,
and the subsequently amended CEQA Findings and Mitigation
Monitoring Program, being approved by the city Council.
DISCUSSION
Rancho del Rev sectional Planninq Area (SPA) III Plan
The Rancho del Rey SPA III Plan is included as Exhibit 2 attached.
The plan is intended to show the general location of all proposed
uses and the general circulation system. It details that within
2." ...3
Page .., Item
Meeting date
:l~
7/9/91
the 405 acres of SPA III, there are proposed a maximum of 1,380
dwelling units (314 single family conventional units at 2-4 and 4-6
dwelling units per acre; 250 single family cottage units at 4-6 and
6-8 dwelling units per acre; 228 townhouse units at 8-12 dwelling
units per acre; and 588 specialty housing units at 4-6, 6-8 and 8-
12 dwelling units per acre). Also included in the plan is a 26.1
acre junior high school site, a 10.8 acre park site, a 1.9 acre
community purpose facility site and 148.3 acres of open space.
This SPA plan was approved with conditions at the city council
hearing of January 15, 1991. (A more complete analysis of the
subdivision lot designations is found in section D. ANALYSIS,
following this Discussion section.)
Subdivision Structure and Desiqn
Rancho del Rey SPA III is planned to be a residential community
with a diversity of housing types which will become available to
families and individuals with various income levels and housing
needs. Eighty-six acres of Specialty Housing is located in the
northern portion of the plan, immediately south of East "H" Street.
A variety of housing types will be included in the development of
this area as a retirement community. Precise plan approval will
further detail specific requirements and provisions for this lot.
The single family units in SPA III are generally located in the
center of the plan and have been designed to relate to existing
adjacent single family units. The area located in the southeastern
portion of the plan will interface with existing multi family
development to the east and with the park and open space systems to
the south and west. The open space system in Rancho del Rey SPA
III includes over 148 acres consisting mostly of canyon and slopes
covered in coastal sage scrub. Trail and pedestrian path systems
will be provided along East "H" Street, in the south leg of Rice
Canyon, along Pas eo Ranchero and in the open space areas north of
Telegraph Canyon Road. These trails and pedestrian paths result in
an added recreational benefit for the area.
Gradinq
The EI Rancho del Rey Specific Plan set the limit for developable
areas and open space areas. In addition, the specific Plan
included a series of findings acknowledging that development of the
project site under the adopted Specific Plan would require
substantial landform alteration. At the time of SPA Plan approval,
alternative grading concepts that alleviated amounts of grading in
open space areas and reduced heights of cut and fill slopes were
presented and made part of project approval.
Development areas are located on the higher elevations or plateaus,
while the canyons and slopes remain primarily in open space with
:t.ll~ ~
Page S, Item
Meeting date
'2. V
7/9/91
some recreational uses such as trails. The Rancho del Rey SPA III
Plan calls for a balanced cut and fill grading program of
approximately 4.0 million cubic yards. Typical cuts and fills will
range between 10 and 20 feet. Many slopes will be retained in a
natural state in the open space areas. Those graded slopes that
encroach the open space areas will be revegetated with native
species.
Grading shown on the tentative maps is consistent with the
alternative grading concept plan and maintains the areas set for
development and open space by the Specific Plan. A condition is
recommended for tentative map approval that requires grading
proposals to be reviewed by the City Engineer for consideration of
balanced cut and fill, utilization of appropriate soil types,
effective landscaping and revegetation where applicable. Grading
is to occur in separate phases unless a single phase operation is
approved with the grading plan.
An area of potential concern is the grading and drainage occurring
on lots 71, 72 and 89 of Phase 2, unit 1. In these areas, the
subdivision must meet and interface with existing development and
grading will need to be accommodated on site. In order to provide
the largest possible pad area and avoid a difficult terrain
situation of open drainage channels on residential lots, staff
prefers that the grading and drainage plans detailing these lots
provide for spot drainage interceptors to catch the water and carry
it underground. This may require retaining walls and further grade
analysis. A recommended condition of approval requires that no
negative grading or drainage impacts occur to the off site
properties adjacent to these lots.
circulation
Access to the subdivision is provided by Paseo Ranchero from either
East "R" Street to the north, Telegraph Canyon Road to the south,
or via East "J" Street from the west. The El Rancho del Rey
specific Plan designates Telegraph Canyon Road and East "R" Street
as prime arterials, Paseo Ranchero as a 4 lane collector and East
"J" Street as a 2 lane residential collector.
The proposed tentative map and improvements for these streets are
consistent with the SPA Plan, Specific Plan, and General Plan
designations. Conditions of SPA approval and the Public Facilities
Financing Plan (PFFP) require development of SPA III to be
consistent with any adopted Eastern Chula vista Transportation
Phasing Plan. This is also made a condition of tentative map
approval. The PFFP also requires completion of East "J" Street to
connect with existing improvements to the west.
/1.1./,5
') L1
Page 6, Item ~
Meeting date 7/9/91
An item of concern raised at the city council hearing on the SPA
regarded the level of service at the intersection of Pas eo del Rey
and East "H" Street. It was determined that a right turn lane
would be required should conditions warrant the addition. However,
given the open space canyon slope that is located immediately
adjacent to the right-of-way and the substandard street width
already established, there may be substantial impact associated
with the addition of the turn lane. A condition of tentative map
approval provides that the developer enter into an agreement to
provide a right turn lane at the intersection of Paseo del Rey and
East "H" Street, to the satisfaction of the city Engineer, should
it be determined to be necessary.
The Metropolitan Transit and Development Board (MTDB) has provided
comment on the transit alternatives provided by Rancho del Rey SPA
III (Attachment 2). While the design of the project creates
neighborhoods and is sensitive to natural topography, the
circuitous streets and cul-de-sacs are not as easily adapted to
transit operation as much as the traditional interconnecting grid
system of streets. MTDB recommendations and recommendations from
the Air Quality Improvement Plan include pedestrian pathways
through ends of cul-de-sacs that would connect to adjacent streets,
adequate public rights-of-way at intersections along major
arterials for future bus stops, and park and ride facilities where
feasible to encourage car pooling. These have been incorporated
into the conditions of approval.
Low and Moderate Income Housinq
The Housing Element requires that subdivisions of over 50 dwelling
units provide 5% of the total project unit count as affordable
units for low-income families and 5% of the total project unit
count for moderate-income families. In August, 1990, the city
Council approved an agreement concerning this requirement and how
it will be met in the Rancho del Rey Specific Plan area. The
agreement states that Rancho del Rey has satisfied in full the
moderate income housing requirement of 322 units by the
construction of multi-family units in the Rancho del Rey Specific
Plan area. The goal for low income units has been partially met.
The agreement also states that the additional 23 (minimum) low
income units will be provided in SPA III if a reasonable area for
such units is available. If no such site is available in SPA III,
it was agreed that an alternate site within the City may be
approved. A condition has been placed on tentative map approval
that prior to first final map approval, the applicant shall present
a schedule demonstrating how compliance with the low income housing
requirement will be met.
7. tI ,(1'
Page 7, :Item
Meeting date
:1.1{
7/9/91
Specialtv Housinq Area
The specialty Housing Area, shown on the tentative map as Phase 1,
will be developed as a retirement community, creating a village
atmosphere for residents in a variety of housing types. The
precise design of the development is unknown at this time.
However, the conceptual grading plan, made a part of SPA Plan
approval, provides the basic footprint of the pad and slope areas
and the circulation. The Design Guidelines discuss the desired
concepts to be used in developing the site. SPA Plan approval and
recommended tentative map conditions of approval require the
adoption of a Precise Plan prior to development of the parcel.
Another recommended condition requires an agreement be entered into
by the developer that the parcel be developed specifically for
senior housing.
At the meeting of January 15, 1991, Council expressed concern that
there be guarantees in place regarding the development of this land
for senior use. Specific details of financial arrangements are
more properly handled in a development agreement, which is
currently being prepared by the developer and staff. The
requirement for Precise Plan approval will provide the City
adequate review of the density, circulation, open space and
interface of the retirement community with the surrounding areas.
In addition, a condition has been included that requires an
agreement be entered into by the developer and the City, prior to
recordation of final map, that the parcel will be developed
specifically for senior housing.
Communitv Purpose Facilities
The Community Purpose Facility Task Force was created by the city
Council to study the need for community facilities in the City of
Chula vista. The Task Force has made specific recommendations to
the City Council for a minimum acreage requirement of 1.39 acres of
community Purpose Facility land per 1,000 persons. This minimum
acreage requirement was recently adopted as a City standard.
An analysis of the projected population for SPAs I, II and III
combined, based on unit types, yields that 16.12 acres of community
purpose facility land is required. Actual acreage provided within
the boundaries of SPAs I, II and III, including the 1.1 net acre
site proposed in SPA III, totals 11.2 acres. The deficit of
approximately 4.92 acres may be made up by considering an out
parcel immediately adjacent to SPA III at the southeast corner of
Paseo Ranchero and East "H" Street. This property, owned by the
Rancho del Rey Partnership, is currently in negotiations for sale
to a church community. Condi tions of tentative map approval
include the requirement that compliance with the Community Purpose
~1/'1
Page 8, :Item
Meeting date
t.t{
7/9/91
Facility Ordinance be demonstrated prior to first final map
approval. The applicant is proceeding with a SPA amendment and
appropriate rezoning to designate the 4.92 acres for Community
Purpose land use.
Park Dedication
The Tentative Maps for Rancho del Rey SPA III provide for a 10.80
acre (gross) neighborhood park located on the south side of East
IIJII Street adjacent to the junior high school. This is consistent
with the approved SPA Plan for the project. The Park Land
Dedication Ordinance (PLDO) requires 12.5 acres of park land based
on projected population and current PLDO application. After
subtracting the area with slopes greater than 5:1, the net useable
acreage of the neighborhood park is 10.25. In addition to
requiring fees and/or additional improvements to make up the
shortage of park land, joint use of recreational facilities located
on the park and school grounds will serve the recreational needs of
the community. The design of both the park and school have taken
joint use of facilities into consideration. Facilities located on
the school grounds to be available for public use include tennis
courts, basketball courts, hard courts and ball fields. Facilities
on the park property include tot lots, a par course, soccer fields
and picnic areas. The park plan was approved by the Parks
Commission on March 21st. In addition to the 10 acre park, SPA III
incorporates the trail system previously described.
Water Conservation Plan and Air Oualitv Improvement Plan
The city Council directed that a Water conservation Plan and Air
Quality Improvement Plan be prepared for Rancho del Rey SPAs II and
III pursuant to the General Plan and the Growth Management
Policies.
Water
The purpose of the Water Conservation Plan is to respond to the
long term need to conserve water in new development. The
conservation plan is intended to be implemented over the life of
the project and to establish standards for future residents. Since
the immediate water crisis has eased, the two water districts
serving the Chula vista area have adopted less stringent water
cutbacks than what was anticipated at the time of SPA Plan
approval.
The Water Conservation Plan prepared for SPAs II and III and
included with this report, states that with water conservation
measures implemented on-site, projected water use for all areas of
SPAs II and III, including the park and school, is 400,000 gallons
/If/ ,p
Page 9, Item ~I{
Meeting date 7/9/91
of water per day. The water conservation measures outlined in the
Water Conservation Plan for SPAs II and III include on-site
measures (efficient fixtures and devices in the units, efficient
landscaping and irrigation, public awareness and education
programs) and a commitment to participate in any off-site
mitigation program adopted by the city. Such a program would be
designed to require new development to off-set all or a portion of
their new water demand by funding or providing new water
conservation improvements in older areas where efficient plumbing
or irrigation fixtures were not installed. Fees collected could
also be spent on studying or acquiring new or improved sources of
water (e. g., expanded water reclamation, desalinization, etc.).
The applicant shall comply with a city-approved water use offset
policy. Said policy may require one or more of the following:
1. Compliance with a regional water use offset program, to be
administered by the San Diego County Water Authority.
2. compliance with a locally administered water use offset
program;
3. Implementation of specific water use offset measures for this
project, if neither a regional or locally-administered water
use offset program is in place prior to issuance of building
permits for any portion of this project.
In the event that a city-approved water offset policy is not in
effect at the time building permits are issued, the requirements of
this plan shall be met through implementation of specific water
offset measures for this project, with the level of offsets and
specific measures to be approved by the City.
At their hearing on May 22, 1991, the Planning Commission expressed
concern that this project be held to a water policy enacted on a
regional or city-wide basis. since Chula vista is acting as a
forerunner in the water conservation program, they expressed the
desire that the city work with the water districts operating in the
City as well as with other jurisdictions to encourage a County-wide
program.
Air Qualitv
As discussed in the Air Quality Improvement Plan included with this
report, the most significant air quality improvement measures are
those policies and regulations established at the broadest
geographic level, i. e. State or Federal. However, measures
implemented on a city or project level can have a positive impact.
The Air Quality Improvement Plan prepared for Rancho del Rey SPAs
II and III includes mitigation measures suggested by the developer
2'1,.1
Page 10, Item :Z~
Meeting date 7/9/91
and those recommended by the consultant reviewing the plan,
stevens/Garland and Associates. These include pedestrian and
bicycle paths, jobs/housing balance, access to regional travel
systems, access to transit, educational programs to increase
awareness, and the provision of park-n-ride facilities.
Local and regional air quality regulations including the Air
Pollution Control District program are being drafted that will
supersede existing standards. SPA III is being reviewed in advance
of these programs. In addition, it is an in-fill project, being
surrounded by existing and approved development. The circulation
network and land use plan, which relate to existing topography and
surrounding land uses, were previously approved by the SPA. For
these reasons, a major re-design of the project to incorporate a
more transit oriented design is not feasible. However, the Air
Quality Improvement Plan recommended several improvement measures
with the project including a park-n-ride facility to help limit
individual car trips by encouraging car pooling and bus ridership.
In addition, SPA III will be subject to on-going monitoring
programs inherent in the City's Transportation Phasing Plan and
Growth Management Program.
The Chula vista Transit Study, recently adopted in concept by the
City Council, has identified the need for a park-n-ride facility
near the intersection of East "H" Street and Pas eo Ranchero. The
location of a facility near this intersection would accommodate
population generated by the Rancho del Rey development. One factor
in siting a successful park-n-ride facility is maintaining a sense
of security and ease of access. In addition, establishing the
facility early on, with initial development, allows the facility to
become a part of the community and helps establish car pooling
habits at the outset. possible alternatives near this intersection
include the future library site, the church anticipated at the
southeast corner of Paseo Ranchero and East H Street, and the
Pilgrim Lutheran Church to the northeast. The Transit Coordinator
will be meeting with the applicant to determine the exact location
and design. The developer is being required to agree to improve a
park-n-ride facility to the satisfaction of the city Transit
Coordinator. In the future, park-n-ride facilities may be more
adequately addressed in the Public Facilities Financing Plan stage
of a development.
Desiqn Guidelines
The Design Guidelines are an integral part of the Rancho del Rey
SPA III Plan and development. They are intended to establish
minimum standards for the design and architectural character of
project. They are provided to ensure that the quality and
:2.1/ ;It)
Page 11, Item ~4
Meeting date 7/9/91
fundamental concepts established at the master planning stage are
maintained in the final phase of detailed planning and design.
The Design Guidelines were considered in their draft form to
evaluate the plan layout, lot configuration and open space
treatments found in the tentative map. The majority of the Design
Guidelines encompasses landscape design. Landscape zones are
proposed which promote drought tolerant/naturalized landscaping as
the predominant landscape theme. Other features of the landscape
design program include slope erosion control, natural open space
enhancement, irrigation standards, fuel modification landscaping,
landscaping and the interface between residential areas and public
areas. Revision sheets for the revised Design Guidelines have been
included with this report and would replace those presently in your
SPA III binder.
Recvclinq Facilities
Concern has been expressed that provisions for recycling
opportunities be addressed with the approval of subdivisions.
currently, the City Conservation Coordinator is working on programs
for recycling but has not implemented specific requirements.
Laidlaw Waste System, the waste collector for the City, provides
residential curbside pick up of recycled materials wh~n the units
become occupied and service established. The applicant's Product
Development Committee is considering areas for recycling bin
storage within the single family units to further encourage the
program. provisions for recycling in the multi-unit areas will
also be pursued with the assistance of the city Conservation
Coordinator and addressed with Precise Plan review.
Environmental
A. Recertify the Final EIR-89-10
The city Attorney determined that the "tentative subdivision
map" for the above cited project is considered a "project"
under the California Environmental Quality Act and as such,
environmental review is required. As the Final Supplemental
Environmental Impact Report EIR-89-10 for Rancho del Rey SPA
III was certified by the Planning Commission at its meeting on
November 14, 1990, and was certified by Council on January 15,
1991, and as the tentative map and SPA Plan for RDR III are
basically considered identical, the city Attorney has
determined that the recertification of EIR-89-10 should occur
prior to the tentative subdivision map being adopted.
For your information, the executive summary of EIR-89-10 which
you reviewed and certified is attached.
j.1I,1!
Page 12, Item
Meeting date
zlJ
7/9/91
B. Final Amended CEQA Findings for EIR-89-10
Subsequent to Council's adoption of the CEQA findings for EIR-
89-10 on Rancho del Rey SPA III, and in accordance with
Council's conditional approval of the RDR SPA III Plan, the
applicant submitted and the city reviewed studies of ways to
reduce net water usage of the proposed project and suggested
methods to improve air quality within the project. Based on
these studies, the CEQA findings have been modified, and the
revised findings are attached.
Air Quality was previously considered a significant impact at
a cumulative level and is still significant at the cumulative
level but now found infeasible to mitigate to an insignificant
level. Water use was previously considered insignificant at
a project level and at a cumulative level. Water is still
considered an insignificant impact at a project level and
significant at a cumulative level.
C. Final Amended Mitigation Monitoring Program
A mitigation monitoring program for EIR-89-10, Rancho del Rey
SPA III, was adopted by the City Planning Commission on
November 14, 1990, and by the city Council on January 15,
1991. Amendments have been made to the monitoring program to
further mitigate negative impacts to air quality.
Also additional mitigation measures were included to cover the
possibility that additional vernal pool acreage could be
discovered by a spring survey. The responsibilities of the
mitigation monitoring consultant and the applicant were more
precisely defined and more specific information regarding
gnatcatcher habitat mitigation was incorporated.
ANALYSIS
The proposal is consistent with the Chula vista General Plan and
the adopted EI Rancho del Rey Specific Plan and Rancho del Rey
sectional Planning Area III Plan. In addition, SPA III is in
compliance with the Chula vista Growth Management Program as it is
included in the Development Phasing Forecast, (or the 5 to 7 year
program), and can be approved pursuant to the adoption of air
quality improvement and water conservation plans. The Rancho del
Rey SPA III Plan is included as Exhibit 2 attached. The plan is
intended to show the general location of all proposed uses and the
general circulation system. The actual tentative maps detail that
within the 405 acres of SPA III, there are proposed a maximum of
1,380 dwelling units (289 single family conventional units at 2-4
and 4-6 dwelling units per acre; 242 single family cottage units at
i.ll.' It.
Page 13, xtem Z L{
Meeting date 7/9/91
4-6 and 6-8 dwelling units per acre; town house units at 8-12
dwelling units per acre; and specialty housing units at 4-6, 6-8
and 8-12 dwelling units per acre). Also included in the
development is a 26.1 acre junior high school site, a 10.8 acre
park site, a 1.9 acre community purpose facility site and 148.3
acres of open space. This SPA plan was approved with conditions at
the City Council hearing of January 15, 1991.
According to the Chula vista Municipal Code, the purpose of the SPA
Plan in a PC Planned Community zone is to provide for the orderly
pre-planning of large tracts of land containing a variety of land
uses which are under unified ownership or development control. The
Rancho del Rey SPA III site utilization Plan contains seven
residential planning areas divided into three development phases:
the specialty housing area is in phase one, the area west of Paseo
Ranchero is in phase two and the area east of Paseo Ranchero is in
phase three. The tentative map submitted for SPA III is consistent
wi th these development areas and phases. A lot summary of the
tentative map is as follows:
Phase
1
2
3
Unit SPA III Lot Area (AC) No. proposed Use
Desig. No. Gross/Net Lots
R-7 1-3 90.6 / - 3 MUlti-family res.
A-D 67.3 / - 4 open Space
1 R-3 1-135 30.5 / - 135 Sngl family res.
A-B 8.3 / - 2 Open Space
2 R-4 1-85 13.9 / - 85 Sngl family res.
A 0.4 / - 1 Open Space
3 R-1 1-10 2.8 / - 10 Sngl family res.
CF-1 1 1.7 / 1.1 1 community Fac.
4 R-1 1-21 5.3 / - 21 Sngl family res.
A-B 40.9 / - 2 open Space
1 R-2 1-144 29.1 / - 144 Sngl family res.
A-B 8.9 / - 2 Open Space
2 R-5 1-157 21.8 / - 157 Sngle family res.
A-B 1.1 / - 2 Open space
3 R-6 1 18.3/16.6 1 Multi-family res.
A-B 15.7 / - 2 Open Space
4 S-l 1 26.1/23.4 1 Junior High
P-1 1 11.3/10.0 1 Park
A 1.2 / - 2 Open Space
7.1./-13
Page 14, Item i~
Meeting date 7/9/91
The Planning Department has concluded that the proposed map is
consistent with the El Rancho del Rey SPA III plan and, therefore,
we are recommending approval subject to the conditions and findings
listed herein.
RESPONSE TO COMMENTS
A. Staff has reviewed a letter from Ken Baumgartner, Executive
vice president, McMillin Company, dated June 28, 1991,
(Exhibit B) and offers the following responses:
1) Water Conservation Plan condition
The proposed revision to the "water offset" condition
would appear to restrict the city Council's options in
adopting and implementing a local water offset program,
by limiting the structure of that program, and by
requiring the City to accept "a regional water offset
program, regardless of how it is structured. Staff would
recommend no change to the original condition.
2) Park and Ride Facility (Condition #56)
Staff agrees that it would be appropriate to consider
"development of a master plan for park and ride facilities
and other related facilities in Eastern Chula Vista, and
to develop an overall financing plan for such facilities,
to be supported by development impact fees or some other
financing mechanism. However, with no such plan
currently in place, we feel that the condition requiring
construction of the proposed park and ride facility at
Rancho del Rey is necessary. We would support adding the
following language to this condition: "Requirements of
this condition may also be met by dedication,
improvements, and/or financial participation in a park
and ride facility master plan, at the sole discretion of
the City Council."
3) Park Dedication
Parks and Recreation Department staff has indicated that
they are currently reviewing the population factor to be
used for senior housing projects, in response to a
previous Council referral, and that the project will be
subject to whatever Parkland Dedication Ordinance
requirements are in effect at the time that development
of the project occurs.
t~,/~
Page 1S, Item 2.. L/
Meeting date 7/9/91
B. Council received a written communication from Mr. Allan G.
Olsen (Exhibit C) relating to use of a construction road in
the vicinity of his house. This letter was submitted as a
response to the Notice of Public Hearing for the subject
project.
In response to the letter, staff worked with the developer to
prepare a condition of approval which addresses the issue.
staff would recommend that Council add the following condition
to those included in PCS 90-02:
The developer shall utilize the Paseo Ranchero
corridor for construction traffic unless otherwise
approved by the City Engineer. A construction
traffic plan shall be submitted for review and
approval prior to approval of the first final map
or issuance of a grading permit, whichever occurs
first. The plan shall include provisions for dust
control and state hours of operation. Revisions to
said plan shall be approved by the City Engineer.
FISCAL IMPACT: Not applicable.
(RDR3CC.RP1)
~1.f'lr /J1.-/6
EXHIBIT A
July 1, 1991
Subject:
The Honorable Mayor and City Council
John Goss, City Manage#
Bob Leiter, Director of Planning $I
Rancho del Rey SPA III Tentative Map Public Hearing
To:
Via:
From:
This project was originally scheduled for a City Council public hearing on June 18, 1991, and
was continued to the meeting of July 9. Several changes have been made to the Council Agenda
Statement and attachments which you received for the June 18 meeting on the above project.
These changes consisted of corrections and incorporation of additional wording to more precisely
clarify issues. Also, a resolution regarding the Final Amended CEQA Findings and reformatted
and corrected Final Amended Mitigation Monitoring Program for City of Chula Vista, Rancho
del Rey SPA III and CEQA Findings have been enclosed.
The following changes were made:
. Agenda Statement - Final Amended CEOA Findine:s for EIR-89-1O
Additional wording was incorporated to state that air quality, which was previously
considered a significant impact at a cumulative level and is still significant at the
cumulative level has as a result of the studies cited previously been found to be infeasible
to mitigate to an insignificant level.
. A!!enda Statement - Final Mitigation Monitoring Program
Additional mitigation measures were included to cover the possibility that additional
vernal pool acreage could be discovered by a spring survey. The responsibilities of the
mitigation monitoring consultant and the applicant were more precisely defined. More
specific information regarding gnatcatcher habitat mitigation was also incorporated.
. Resolution EIR-89-90(e)
The resolution on Final Amended CEQA Findings was added.
~t.f ./7
The Honorable Mayor
and City Council
-2-
July 1, 1991
. Resolution EIR-89-1O(f)
The resolution amending the mitigation monitoring program was changed to remove the
words" additional water conservation measures and" from paragraph 2 as additional water
conservation measures had not been added. The Planning Commission upon their review
of the City's analysis of additional possible water conservation measures for Rancho del
Rey III determined that they would prefer Rancho del Rey III meet Citywide conservation
standards once they have been established.
. Final Amended Mitigation Monitoring Program City of Chula Vista. Rancho del Rey
SPA III
This replaces the Amended Mitigation Monitoring Program that you received with the
last packet. It has an improved format and several corrections regarding the
responsibility of the applicant versus the mitigation monitoring consultant have been
made.
. Final Amended CEOA Findings
This replaces the Amended CEQA Findings that you received in the last packet. The
section on air quality had been inappropriately placed and was moved to the section on
"Impacts Found Infeasible to Mitigate to an Insignificant Level."
. The original mitigation monitoring matrix (which was adopted with the EIR) and the
Stevens/Garland Associates, Inc. Review of the Rancho del Rey II and III Air Ouality
Improvement Plan are also included in your packet.
RAL:BR/nr
(RdRchanges)
1.44/1
)
,-
...... .
'.
1l,\(tlJOOllrl
EXHIBIT B
= noo\1tl .m:
D.O ~ox QOl6
S.\TIOS.Il CITY
C.\ 920:;0-6&25
tbl9) 477..4117
June 28, 1991
The Honorable Tim Nader and City CouncilmemberS
CITY OF CHULA VISTA
276 Founb Avenue fl I
Chula Vista, CA 91910
RE: SPA m - TENTATIVE lRACf NO. 90-2
. (Hearing of July 9, 1991)
RECEIVED I
JIJN 28'/991
PLANNING
Dear Mayor Nader and City Councilmembers:
r '
,
In reference to the subject item the Rancho del Rey Partnership has the following
comments to offer. Our comments refer to your agenda package dated June 18,
1991. If revisions are made for the 'uly 9, 1991 meeting additional comments
may be presented at the public hearing.
Water Conservation Plan
. The Pannership would request that the Council consider substitute wording for
what is recommended by your staff as a water use offset condition. We request
the following amendments to the Water Conservation Plan:
Table 1-2, page 3
Offsite Measures
(delete existing language and add:)
.
The applicant shall, with respect to each dwelling unit built, upon issuance
of a building permit for such dwelling unit:
1. Comply with a regional water use offset program, to be
anmini~tered by the San Diego County Water Authority (a
"Regional Water Program:); or, if no Regional Water
Program is adopted at the time of issuance of the building
permit,
2. Comply with a water use offset program administered by the
local water district(s) or jointly anmini~tered by the local
.~;
water district(s) and the City (a "Local Water Program:); or,
if no Local Water Program is adopted at the time of
issuance of the building permit,
7.-t!-lQ
,
,
\ ,
.
June 28, 1991
Letter to The Honorable Tim Nader
Page Two
3. Comply retroactively with a subsequently adopted Regional
Water Program: or, if no such program is adopted prior to
issuance of the certificate of occupancy,
4. Comply relToartively with a subsequently adopted Local
Water Program, if any is adopted prior to issuance of the
certificate of occupancy.
,
Page 31-32
Delete everything after second sentence of fourth paragraph, and add
same .ce"luuements as above.
We believe that the above version provides a hierarchy or tiering of water use
off-set measures going from regional to local programs including a mechanism to
make it effective up to the issuance of a certificate of occupancy.
The requested substitutions presented above also apply to the Amended Rancho
del Rey Sectional Planning Area (SPA) ill Plan (E.I.R.-89-10) Candidate CEQA
Findings - Service and Utilities - Water (4.12).
Park-n-Ride Facilitv (Condition # 56)
The Partnership is not opposed to constructing/funding its proportionate share
of a park-n-ride lot but is fundamentally opposed to the specific location and
improvement criteria as recommended absent a comprehensive area wide master
plan for the overall siting, sizing, and design of park-n-ride facilities related to an
overall transit system.
The Chula Vista Transit Study prepared by MTDB dated December 1990,
suggests several locations that would be suitable to seNe this project. Further
study should occur before selecting the Paseo Ranchero/East "H" Street site.
We would support funding/construction of our prorata share of this facility
through an area wide Development Impact Fee or through the development
agreement negotiation process.
The comments and objections presented above also apply to Amended Rancho
del Rey (SPA) ill Plan (E.I.R.-89-19) Candidate CEQA Findings - Air Quality .,
(4.4),
tl/ ..;lO
"
June 28, 1991
Letter to The Honorable Tim Nader
Page Thre~
Park Dedica~ion
The staff repan on page 7 - Park Dedication states that the PlDO requires 12.5
acres of useable park land to be dedicated. 10.40 useable acres are being
provided. This statement suggests that SPA In is 2.10 acres deficient. This is
incorrect. The following calculation shows that a total of 10.29 useable acres are
requirr d. The 10.40 useable acre;.:; as provided does not include private recreation
faciliti,:s that may also count towards meeting the park requirement. SPA In
therefvre ex.eeds the PLOO requirement by 0.11 acres. The analysis also does
not include the 13.10 acres of active recreation area being provided by the Junior
High School site. " r '
1I0usini Tyoe
Retirement/Senior
Townhome/Condo
S.F.D.
.:!lIIm
580
228
572
POD. Factor
81.64
2.80
3.22
Total POll.
951
638
.1Ml
.J&Q
3,430 (+) 1,000
3.43 (x) 3
= 3.43
- JO.29 useable acres
8
This assumes 1.64 persons per units for the retirement/senior
housing area which is the population factor used for mobile homes.
The current PLDO does not currently provide a population factor for
senior/retirement housing. As a result the above park needs analysis aSsumed
a 1.64 persons per units factor for retirement housing. This factor is assigned to
mobile homes. This factor was used because many senior citizens reside in
mobile home parks and would most closely represent the retirement housing rate.
Parks and Recreation Department staff is currently developing a generation rate
for retirement housing.
As an aside, two different sets of population generation factors are being used by
the City. The Planning Department in calculating the Community Purpose
Facilities needs and the Parks and Recreation Department in calculating the
PLOO requirements are using different population generation factors. All City
fees/requirements that are based on population generation factors should be
based on one standard population factor.
.'.
t.1f..~1
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....
June 28, 1991
Letter to the Honorable Tim Nader
Page Four
I will be present at the public hearing to respond to any questions that you may
have. In closing. we request your approval of the SPA m Tentative Tract Map
and associated items.
Sincerely, .
,
, -
,~ ,
Ken Baumgartner
Executive Vice Pre~dent
,
.
,..
cc: Bevefly Authelet, City Clerk
Robert Leiter, Planning Director
KB/sg
'",
~ 'I.. )"'L~
Allan C. Olson
970 East 'J' Street
Chula Visla. CA 91910-6748
EXHIBIT C
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RESOLUTION NO. lu~l1r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RECERTIFYING THAT THE FINAL
EIR-89-l0 FOR RANCHO DEL REY SPA III HAS BEEN
PREPARED IN COMPLIANCE WITH CEQA, THE STATE
CEQA GUIDELINES AND THE ENVIRONMENTAL REVIEW
PROCEDURE OF THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Rancho del Rey SPA III is the final Sectional
Planning Area for the EI Rancho del Rey Specific Plan which was
approved in January, 1991; and
WHEREAS, on May 22, 1991, the Planning Commission
unanimously recertified EIR-89-l0 and recommended approval of the
design guidelines and provisional approval of the tentative map
for Rancho del Rey SPA III.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby recertify that the Final
EIR-89-l0 for Rancho del Rey SPA III has been prepared in
compliance with CEQA, the State CEQA Guidelines and the
environmental review procedures of the City of Chula Vista.
Presented by
Robert A. Leiter, Dlrector of
Planning
8968a
A ~A -I
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE WATER CONSERVATION
PLAN FOR RANCHO DEL REY SECTIONAL PLANNING
AREAS (SPA) II AND III
WHEREAS, a duly verified Water Conservation Plan was filed
with the Planning Department of the City of Chula Vista on January
8, 1991 by Rancho del Rey Partnership, and
WHEREAS, said Plan reviewed the proposed water usage of the
project and conservation measures to mitigate the water use impacts
associated with the development, and
WHEREAS, the Planning commission held an advertised public
hearing on associated tentative subdivision map PCS-90-02 on May 8,
1991, and continued to May 22, 1991, and
WHEREAS, the City Council set the time and place for a hearing
on associated tentative subdivision map (PCS-90-02) and notice of
said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and
its mailing to property owners within 300 feet of the exterior
boundaries of the property at least ten days prior to the hearing,
and
WHEREAS, the hearing was held
advertised, namely 7:00 p.m., June
Chambers, 276 Fourth Avenue, before
hearing was thereafter closed, and
at the time and place as
18, 1991, in the Council
the city Council and said
WHEREAS, the city Council found that the Water Conservation
Plan is exempt from CEQA pursuant to section 15262 of the State
CEQA Guidelines.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL finds as
follows:
1.
The Water Conservation Plan as modified to
attached amendments is in compliance with
Management Program adopted April 23, 1991; and
contain the
the Growth
2.
The Water Conservation Plan as modified to contain
attached amendments is in compliance with Ordinance 2248,
Growth Management Implementation Ordinance adopted April
1991; and
the
the
23,
3. The Water Conservation Plan as modified to contain the
attached amendments is in compliance with Condition No. 20 on
Rancho del Rey Sectional Planning Area Plan III (Council
Resolution No. 15993, dated March 5, 1991).
kf6 ~ I
BE IT FURTHER RESOLVED THAT THE Water Conservation .Plan, as
modified, for Rancho del Rey SPAs II and III is approved.
That a copy of this resolution be transmitted to the owners of
the property.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, this 18th day of June, 1991, by the following vote, to-
wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Robert A. Leiter
Director of Planning
form b
Presented by
ar
2
l.lfB..Z
AMENDMENT NO. 1
Table 1-2, page 3
Rancho del Rey SPA II and SPA III
Water Conservation Measures
On-site Measures
(This section remains the same.)
Off-site Measures
Fall ~artiei~atien in a City a~prevcd \.ater eenGcryatisn/mitigatien
~rs~ram aesi~ncd te eff set aaaitienal water aemana asseciatca \.ith
new eonatruetisa threagh the r~tre fit af elder, leaD ~ffieicnt
\:atcr fixturco off site, aRa/sF fundin~ fer Rew ou~~lics or oeureCD
sf ~atcr. The applicant shall complv with a City-approved water
use offset policv. Said policv may reauire one or more of the
followina:
~ Compliance with a reaional water use offset proaram. to be
administered by the San Dieao County Water Authority.
~ Compliance with a local Iv administered water use offset
proaram lsuch proaram may be administered bv the city. water
district. or a combination of both) ;
~ Implementation of specific water use offset measures for this
proiect. if neither a reaional or locallv-administered water
use offset proaram is in place prior to issuance of buildina
permits for any portion of this proiect.
In the event that a City-approved water offset policy is not in
effect at the time buildina permits are issued. the reauirements of
this plan shall be met throuah implementation of specific water
offset measures for this proiect. with the level of offsets and
specific measures to be approved bY the city.
3
~~
AMENDMENT NO. 2
Page 31, continuing onto page 32:
D. Offsite Mitigation Measures
Because of the crisis created by the multi-year drought in
California and the extreme short term water rationing/use
restrictions adopted to respond to the situation, new attention is
being given to formulating new policies which will conserve water
and allow for long term growth.
As noted in the preceding sections, although the SPA II and SPA III
projects implement a variety of water conserving practices, the
construction and occupation of these projects will result in an
increased demand for water. The drought has demonstrated that
water is a finite resource and that current supplies cannot
reliably support current demands and continued growth. However,
growth is a major component of both the State's, and especially,
the local San Diego area economy. In order to accommodate growth,
while long term water supplies are evaluated and implemented, new
programs to more efficiently use the available water are being
proposed.
An initial area of focus is the retro-fit of plumbing fixtures and
landscape irrigation in existing development. According to
statistics compiled by the Construction Industry Federation (CIF),
retro-fitting the shower and toilet fixtures in approximately 2.8
older homes would save the amount of interior-use water required by
one new home (additional older homes would be required to off-set
outdoor water use at the new home). Thus a mitigation program
which collected fees to complete such conversions, or directly
required equivalent conversions, could allow a limited amount of
new development to occur without creating a net increase in water
demand. Comparable water savings could also be achieved by retro-
fitting irrigation systems of schools, parks, golf courses, etc.,
where significant conservation of irrigation water could be
achieved. This type of water consumption off-set program has been
conceptually approved by the San Diego County Water Authority.
Additional studies to determine the exact specifications, scope and
implementation process are now under way. In order to avoid
conflicting regulations and to maximize fairness, such a program
would need to implemented on a wide basis, preferably county-wide.
The city and local water district would provide input in the
4
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.
.
.
would need to implemented on a wide basis, preferably county-wide.
The City and local water district would provide input in the
establishment of the large scale program and would probably provide
~ocal t.plementation.
As indicated earlier, the approval of the Rancho del Rey SPA III
Plan was conditioned to require a Water Conservation Plan which
reduced any impacts to the local water supply to an "insignificant"
level, as determined by the City Council. This is the first and,
.0 far, the only project to be so conditioned. ^~ the ~ime the
.eftdi~ieft vas araf~ed, i~ vas iR~erpFe~ea ~e re~aire a eere ~e~
ift8~aa.a er ee.ple~e wa~er eefta~~ieR eft se~,Beea~se He pregram,
.tlspt.ell Jlsliey SF eit)"Vide eriteria existed te 138 yaea as a
.'aftElard. lIewe-:er, add! t.isnal )9rej 881:.9 retlliest appre":als BlUlf SE' a
~r8ad kassEl .i~i.a~ieR/e8RBerva~ieR prell's. is de~elepea,
-iftsi,RirieaRt'. is expeeted _8 1ge defiRea as fall implelllCFl'tat.ieR sf
eft alt.e ee"Ber-.~a'Eiefl meaSlires .ful f\:lll ,artieipatiefl 1ft all eff s1 t.c
.i~i,a~i8R pre,r.. .Rsarses 19y ~ke Sit.y. The ~P1A II aRa Srh III
.rejee~s viII f~lly eemply wit.h the re~\iiremeftta af a Gity a~prevea
aftd/sF spensered wa~eY eaRser~a~ieft/.i~i,a~ieft ~regP&m. To meet
this reauirement. the aoolicant shall comolv with a Citv-aooroved
water use offset oolicv. said oolicv may reauire one or more of
the followina:
4L Comoliance with a reaional water use offset oroaram. to be
administered bv the San Oieao County Water Authoritv.
~
Comnliance with a locallY administered water use offset
oroaram (such nroaram may be administered bv the City. water
district. or a combination of both):
~ Imnlementation of snecific water use offset measures for this
nro;ect. if neither a reaional or local lv-administered water
use offset croaram is in cIace crior to issuance of buildina
cermits for any cortion of this oro;ect.
In the event that a Citv-aooroved water offset oolicv is not in
effect at the time buildina oermits are issued. the reauirements of
this clan shall be met throuah imolementation of soecific water
offset measures for this cro;ect. with the level of offsets and
soecific measures to be aooroved bv the City.
5
/.if8~S
,
'ih~
1HIS PAGE BlANK
J-L/8 -"
RESOLUTION NO. ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AIR QUALITY
IMPROVEMENT PLAN FOR RANCHO DEL REY SECTIONAL
PLANNING AREAS (SPA) II AND III
.
WHEREAS, a duly verified Air Quality Improvement
filed with the Planning Department of the City of Chula
January 28, 1991 by Rancho del Rey Partnership, and
Plan was
vista on
WHEREAS, said Plan reviewed the impacts to air quality
anticipated by the project and measures to mitigate the impacts
associated with the development, and
WHEREAS, the Planning Commission held an advertised public
hearing on associated tentative subdivision map PCS-90-02 on May 8,
1991 and continued to May 22, 1991, and
WHEREAS, the city council set the time and place for a hearing
on associated tentative subdivision map (PCS-90-02) and notice of
said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and
its mailing to property owners within 300 feet of the exterior
boundaries of the property at least ten days prior to the hearing,
and
WHEREAS, the hearing was held at the time and place as .
advertised, namely 7:00 p.m., June 18, 1991, in the Council
Chambers, 276 Fourth Avenue, before the City Council and said
hearing was thereafter closed, and
WHEREAS, the City Council found that the Air Quality
Improvement Plan is exempt from CEQA pursuant to Section 15262 of
the State CEQA Guidelines.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL finds as
follows:
1. The Air Quality Improvement Plan as submitted is in compliance
with the Growth Management Program adopted April 23, 1991; and
2. The Air Quality Improvement Plan as submitted is in compliance
with Ordinance 2248, the Growth Management Implementation
Ordinance adopted April 23, 1991.
BE IT FURTHER RESOLVED THAT THE Air Quality Improvement Plan
for Rancho del Rey SPAs II and III is approved.
That a copy of this resolution be transmitted to the owners of
the property.
1
.
2..'/C. -I
.
e
.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, this 18th day of June, 1991, by the following vote, to-
wit:
AYES:
NOES:
ABSENT :
ABSTENTIONS:
Presented by
Robert A. Leiter
Director of Planning
~~-L
to:::!)
2
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING DESIGN GUIDELINES FOR
RANCHO DEL REY SPA III
.
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the Design Guidelines are an integral part of
the Rancho del Rey SPA III Plan and development which are
intended to establish minimum standards for the design and
architectural character of the project; and
quali ty
planning
planning
WHEREAS, said Guidelines are provided to ensure that the
and fundamental concepts established at the master
stage are maintained in the final phase of detailed
and design; and
WHEREAS, the Design Guidelines were considered in their
draft form to evaluate the plan layout, lot configuration and
open space treatments found in the tentative map; and
WHEREAS, the majority of the Design Guidelines encompass
landscape design with landscape zones proposed which promote
drought tolerant/naturalized landscaping as the predominant .
landscape theme as well as slope erosion control, natural open
space enhancement, irrigation standards, fuel modification
landscaping, landscaping and the interface between residential
areas and public areas; and
WHEREAS, the Design Guidelines are in conformance with
the EI Rancho del Rey Specific Plan and the Chula Vista General
Plan; and
WHEREAS, the Design Guidelines will promote the orderly
development of the involved sectional planning area and ensure a
consistent quality of development in keeping with the fundamental
concepts established for the approved SPA.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the Design Guidelines
for Rancho del Rey SPA III and does hereby impose them, among
others, as conditions of development.
~obert A. Leiter, Director of
Planning
8973a
form by
J)
Presented by
d, C1ty Attorney
.
"'~D -, \
RESOLUTION NO. ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE TENTATIVE
SUBDIVISION MAP FOR RANCHO DEL REY SECTIONAL
PLANNING AREA (SPA) III, CHULA VISTA
TRACT 90-02
WHEREAS, a duly verified application for a tentative
subdivision map was filed with the Planning Department of the city
of Chula vista on November 8, 1989 by Rancho del Rey Partnership,
and
WHEREAS, said application requested the subdivision of
approximately 405 acres into residential lots, open space areas, a
school lot, park and community purpose facility lot, and
WHEREAS, the Planning commission held an advertised public
hearing on said project on May 8, 1991, and continued to May 22,
1991, and
WHEREAS, the City Council set the time and place for a hearing
on said tentative subdivision map application and notice of said
hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the city and its mailing to
property owners within 300 feet of the exterior boundaries of the
property at least ten days prior to the hearing, and
WHEREAS, the hearing was held
advertised, namely 7:00 p.m., June
Chambers, 276 Fourth Avenue, before
hearing was thereafter closed, and
at the time and place as
18, 1991, in the Council
the City Council and said
WHEREAS, the City Council recertified EIR-89-10, with
Statement of Overriding Considerations, and associated Mitigation
Monitoring Program for Rancho del Rey SPA III.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL finds as
follows:
Pursuant to section 66473.5 of the Subdi vision Map Act, the
tentative subdivision map for Rancho del Rey Sectional Planning
Area (SPA) III, Chula Vista Tract no. 90-02, is found to be in
conformance with the various elements of the City'S General Plan
based on the following:
1. The site is physically suitable for residential
development and the proposal conforms to all standards
established by the City for such projects.
1
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2. The design of the subdivision will not affect the
existing improvements -- streets, sewers, etc. -- which
have been designed to avoid any serious problems.
3. The project is in substantial conformance with the Chula
vista General Plan Element as follows:
a. Land Use - The project is consistent with the
General Plan, EI Rancho del Rey Specific Plan and
the SPA III Plan which designates the property PC -
Planned Community, with a variety of land uses and
residential densities.
b. Circulation All of the on-site and off-site
public streets required to serve the subdivision
are consistent with the circulation element of
Chula vista General Plan and the circulation
proposed within the EI Rancho del Rey Specific
Plan. Those facilities will either be constructed
or in-lieu fees paid in accordance with the Rancho
del Rey SPA III Public Facilities Financing Plan.
c. Housing - A low and moderate housing program with
an established goal of 5% low and 5% moderate will
be implemented subject to the approval of the
City's Housing Coordinator. Computation of the
satisfaction of this condition will include the
entire EI Rancho del Rey Specific Planning Area.
d. Conservation and Open Space - The project provides
148.3 acres of open space, 36% of the total 404.9
acres. Grading has been limited on hillsides and
grading plan approval will require the revegetation
of slopes in natural vegetation. Approval of EIR-
89-10 included the adoption of a mitigation
monitoring program outlining the mitigation
measures required for project impacts on geology,
soils, biology, air, water, cultural resources,
land form, transportation and utility sources.
e. Parks and Recreation The project will be
responsible for the improvement of the 10 acre net
neighborhood park and payment of PAD fees or
additional improvements as approved by the Director
Parks and Recreation. In addition, a trail system
will be implemented through the south leg of Rice
Canyon, connecting with other open space areas.
f. Seismic Safety - The Rancho del Rey site is crossed
by the La Nacion Fault Zone which has one prominent
fault, running north to south, with other potential
traces. The mitigation monitoring program adopted
2
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with EIR-89-10 provides for measures to betaken to
mitigate the impacts of development in association
with the fault zone.
g. Safety - The site will be wi thin the threshold
response times for fire and police services. The
project will increase the need for additional
personnel, however, the City is planning to meet
that need with additional revenues provided by this
project.
h. Public Facilities Element This project is
obligated in the conditions of approval to provide
all on-site and off-site facilities necessary to
serve this project. In addition to that, there are
other regional facilities which this project (
together with SPAs I and II) is contributing to,
including a public library site, fire station site,
and fire training facility site. The subdivision
is also contributing to the otay Water District's
improvement requirements to provide terminal water
storage for this project as well as other major
projects in the eastern territories.
h. Noise - The units will be required to meet the
standards of the UBC with regard to acceptable
interior noise levels.
i. Scenic Highway - The project does not affect this
element of the General Plan.
j. Bicycle Routes - Bicycle paths are provided along
Telegraph Canyon Road, East "H" Street and Paseo
Ranchero Road as shown in the Circulation Element.
k. Public Buildings - No pUblic buildings are planned
for the site. The project shall be subject to RCT
and DIF fees.
4. Pursuant to section 66412.2 of the Subdivision Map Act,
the Council certifies that it has considered the effect
of this approval on the housing needs of the region and
has balanced those needs against the public service needs
of the residents of the City and the available fiscal and
environmental resources. The development will provide
for a variety of housing types from single family
detached homes to attached single family and senior
housing. In addition, the addressment to providing a
percentage of low and moderate priced housing is in
keeping with regional goals.
3
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5. The configuration, orientation and topography o{ the site
partially allows for the optimum siting of lots for
passive or natural heating and cooling opportunities.
BE IT FURTHER RESOLVED THAT THE TENTATIVE SUBDIVISION MAP for
Rancho del Rey SPA III, Chula vista Tract 90-02, is approved
subject to the following conditions:
General/Preliminarv
1. The Public Facilities Financing Plan shall be followed with
improvements installed in accordance with said plan or as required
to meet threshold standards adopted by the City of Chula Vista.
In addition, the sequence in which improvements are constructed
shall correspond to any future East Chula vista Transportation
Phasing Plan adopted by the City. The City Engineer and Planning
Director may at their discretion, modify the sequence of
improvement construction should conditions change to warrant such
a revision.
2. All mitigation necessary to avoid significant effects itemized in
the Mitigation Monitoring Program for Environmental Impact Report
EIR-89-10 as required prior to Final Map approval, are hereby
inqorporated as conditions of approval. The Director of Planning
may modify the sequence of mitigation at his discretion should
changes warrant such a revision.
3. The developer shall comply with the Community Purpose Facility
Ordinance. The areas proposed to show compliance with said
ordinance shall be provided prior to approval of the first final
map. Areas of consideration for qualification must be within the
areas of SPAs I, II or III. Amendment to the EI Rancho del Rey
Specific Plan and sectional Plan Areas may be necessary to
accomplish compliance.
4. Prior to final map approval for Phase 1, a Precise Plan shall be
approved by the city Council detailing the development of the
Specialty Housing project. The precise plan shall include but is
not limited to: detailing the density of the various portions of
the project; identifying the amount of recreational and open space
facilities; detailing the financial arrangements available to
proposed tenants; identifying the age limits and any income
requirements of tenants; and showing the percent of the project
for sale or rent.
Streets. Riahts-of-Wav and Imorovements
5. Prior to any final map approval for Phase 2 or 3 or any unit
thereof, the developer shall obtain all necessary right-of-way
4
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for the construction of the unimproved off site portion of
East "J" street west of Paseo Ladera, from River Ash Drive to
Red Oak Place.
6. The developer shall construct the unimproved off site portion
of East "J" street west of Paseo Ladera, from River Ash Drive
to Red Oak Place, to a Class II Collector Standard, except
that the 5 foot sidewalk may be asphalt concrete instead of
portland cement concrete. The construction of these
improvements shall be guaranteed prior to final map approval
for Phases 2 or 3 or any unit thereof. The subdivider may
request the formation of a reimbursement district for these
off-site improvements in accordance with section 15.50 of the
Municipal Code.
7. The developer shall request the vacation of that portion of
Paseo Marguerita as necessary to accomplish the design as
shown on the tentative map. said vacation shall be
accomplished prior to the approval of the final map for Phase
2, unit 3.
8. The off site portion of East "J" street adjacent to Buena
vista Way shall be granted in fee to the City for Open Space,
public utilities and other public uses. The grant of this
property shall be completed prior to approval of a final map
for Phase 3, Unit 3. The developer shall enter into an
agreement to not oppose the inclusion of this property in Open
Space District # 20 (Zone 7) prior to approval of any final
map for Rancho del Rey SPA III. The developer shall be
responsible for the costs associated with annexing this
property to Open Space District # 20.
9. The developer shall be responsible for the construction of off
site improvements at the westerly end of Paseo del Norte in
the Casa del Rey subdivision. The construction of these
improvements shall be guaranteed prior to approval of the
final map for Phase 2, Unit 2. A cash deposit was previously
deposited with the City to pay the cost of this work. The
amount deposited is available to the developer for
construction of these improvements.
10. Prior to final map approval for Phase 1, the developer shall
dedicate additional right-of-way along the frontage of the
property on East "R" Street to provide a 20 foot parkway
(existing curbline to property line).
11. The developer shall be responsible for construction of a
sidewalk/recreational pathway along the entire frontage of
subject property on East "R" Street from Paseo Ranchero
westerly to Paseo del Rey to the satisfaction of the City
Engineer, Director of Planning and the Director of Parks and
5
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Recreation. The construction of these improvements.shall be
guaranteed prior to final map approval for Phase 1.
12. The developer shall be responsible for construction of an
expanded 8 to 10 foot wide sidewalk/recreational pathway along
the western side of Paseo Ranchero, to connect the trail
systems in the south leg of Rice Canyon and in the Telegraph
Canyon Road open space area. These improvements shall be
installed in conjunction with the construction phases of Paseo
Ranchero specified in the Public Facilities Financing Plan.
13. The developer shall be responsible for the construction of
wider sidewalks at transit stops, subject to the approval of
the city Engineer.
14. The final design of Pas eo Ranchero shall include eight foot
wide landscape easement buffers as required by the street
Design Standards or be adjoined by an open space lot at least
eight feet wide with slopes no greater than 5:1, except in the
following areas where the final design shall be subject to the
approval of the Planning Director, Landscape Architect and
City Engineer:
a. Adjacent to the lots fronting on Cabo Calabazo, Calle
Candelero and Punto Miraleste where a special slope and
retaining wall design will be implemented;
b. Along the Junior High School site;
c. Along the existing Ladera villas and Mission Verde
subdivisions where existing conditions shall remain; and
d. Adjacent to the out-parcel owned by the Chula Vista
School District.
15. The final design of East "J" Street shall include 5.5 foot
wide landscape easement buffers as required by the Street
Design Standards or be adjoined by an open space lot at least
5.5 feet wide with 5:1 maximum side slopes, except in the
following locations where the final design shall be subject to
the approval of the Planning Director, Landscape Architect and
City Engineer:
a. Along the park site;
b. Along the two corner lots at the intersection of East IlJIl
Street and Camino Miel (lots 82 and 97 of Phase 2, unit
1) and the southeast corner lot of East "J" Street and
Cabo Capote (lot 85 of Phase 2, Unit 2);
c. Adjacent to the out-parcel owned by the Chula vista
School District; and
6
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d. Along the existing Bel Aire Ridge subdivision where
existing conditions shall remain.
16. All retaining walls which interface with the public street
system shall be constructed to match the Ranch Rancho del Rey
SPA III Design Guideline standards for exterior walls.
17. The developer shall be responsible for construction of full
street improvements for all public and private streets shown
on the Tentative Map within the subdivision boundary; and for
the construction of off-site improvements to construct Paseo
Ranchero, East "J" street and Pas eo Ladera as shown on the
Tentative Map, to the satisfaction of the City Engineer.
Said improvements shall include, but not be limited to,
asphalt concrete pavement, base, concrete curb, gutter and
sidewalk, sewer and water utilities, drainage facilities,
street lights, signs, fire hydrants and transitions to
existing improvements. street intersection spacing as shown
on the tentative map is hereby approved.
18. All the streets shown on the Tentative Map within the
subdivision boundary, except private streets, shall be
dedicated for public use. Design of said streets shall meet
all city standards.
19. A temporary turnaround conforming to City standards shall be
provided at the end of streets having a length greater than
150 feet, measured from the center line of the nearest
intersecting street to the center of the cul-de-sac, except as
approved by the City Engineer.
20. Cul-de-sacs and knuckles shall be designed and built in
accordance with City standards unless otherwise approved by
the City Engineer.
Lot Confiquration
21. Frontage on all lots shall be a minimum of 35 feet at the
right-of-way line except as approved by the City Engineer.
This condition does not apply to flag lots, as defined in the
Municipal Code.
22. Lot lines shall be located at the top of slopes except as
approved by the City Engineer. When adjacent to open space
lots, property lines shall be located a minimum 2.5 feet from
the top of slope.
23. The preparation of final maps and plans for the locations
listed below shall be carried out in accordance with the
7
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following criteria unless otherwise approved by the city
Engineer and Director of Planning:
a. Provide a minimum 50 feet from the corner of Paseo
Ranchero and East "J" street to lots 6 and 7, Phase 3,
Unit 2, to provide additional buffer and transition area
at the corner.
b. Provide a pedestrian throughway between lots 130 and 131,
Phase 3, Unit 2, from Camino Calabazo to east "J" Street
across from the school and park sites.
c. Lot 128 of Phase 2, unit 1, shall be widened to a minimum
50 foot width to accommodate a combined slope and maximum
5 foot retaining wall. This is to avoid a "tunnel"
effect created at side lot lines.
d.
Lots 3 and 5, Phase 2, Unit 3 shall
foot high retaining walls, and/or
retaining walls and crib walls.
utilize maximum 5
a combination of
e. Provide a different name for each of the portions of
Palazzo Court located to the east and west of East "J"
Street and the portions of Dorado Way located to the east
and west of Camino Miel.
street Trees/Open Space
24. The developer shall grant to the City street tree planting and
maintenance easements along all public streets as shown on the
Tentative Map. The width of said easements shall be as
outlined in the City'S Street Design Standards Policy.
25. The developer shall be responsible for street trees in
accordance with Section 18.28.10 of the Chula vista Municipal
Code. The use of cones shall be included where necessary to
reduce the impact of root systems disrupting adjacent
sidewalks and rights-of-way.
26. All open space lots adjacent to public rights-of-way shall
maintain a width so as to provide 10 feet of landscaping
treatment behind the back of sidewalk.
27. Maintenance of all facilities and improvements within open
space areas covered by home owners associations shall be
covered by CC&Rs to be submitted and approved by the Planning
Department prior to approval of the associated final map.
28. Prior to the approval of any final map, the developer shall
request in writing that maintenance of all facilities and
improvements within the open space area associated with such
8
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map shall be the responsibility of the Rancho del 'Rey Open
Space Maintenance District.
29. Prior to approval of the first final map, a comprehensive
landscape plan shall be submitted for review and approval of
the city Landscape Architect and Director of Parks and
Recreation. Prior to approval of each final map,
comprehensive, detailed landscape and irrigation plans,
erosion control plans and detailed water management guidelines
for all landscape irrigation shall be submitted in accordance
with the Chula vista Landscape Manual for the associated
landscaping in that final map. These detailed landscape and
irrigation plans shall be for the review and approval of the
City Landscape Architect and Director of Parks and Recreation.
The landscaping format within the project shall be to
emphasize native, drought tolerant plant material. Exceptions
can be made for areas where reclaimed water is exclusively
used. The comprehensive landscape plans shall address:
a. Slope enhancement and landscape treatment for the slope
in Open Space Lot A, Phase 3, Unit 3, beneath the Junior
High School lot. The plan shall address and provide for
mature size plant material, boulder work and/or buttress
work on the slope.
b.
A naturalized revegetation program for areas
in open space lots, which may include
irrigation.
of grading
temporary
c. The disturbed "native" areas within Telegraph canyon Road
open space corridor. This area shall include tree
groupings or tree groves. These plantings shall be
treated as random plantings and shall be identified in at
least six areas along the corridor with each location
providing plantings of 50 to 100 trees. The exact number
of trees and locations are to be approved by the Planning
Department and Department of Parks and Recreation. The
intent of these grove areas is to provide a consistency
with existing grove areas in the open space corridor west
of the Rancho del Rey SPA III area.
30. Prior to approval of the first final map, details showing the
location and design of the trail system and a sign program
shall be submitted to and approved by the Directors of
Planning and Parks and Recreation. The trail system in the
open space lots shall be a minimum 6 feet wide within an 8
foot horizontal clear space and a 10 foot vertical clear
space. The associated sign program shall identify the trail
network in the open space areas and connecting along Paseo
Ranchero, to the satisfaction of the Directors of Planning and
Parks and Recreation.
9
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31. Prior final map approval for Phase 3, unit 3 and Phase 4, unit
2 as shown on the Tentative Map, cross sections shall be
submitted to and approved by the Director of Planning and city
Engineer illustrating the interface where the trail is located
adjacent to the drainage ditch along Telegraph Canyon Road.
The fencing of the drainage channel shall be aesthetically
pleasing incorporating the use of plantings, equestrian type
fencing and vinyl clad fencing. These cross sections and
decorative fencing program may be included with the
comprehensive landscape plan. Fence gates shall be provided
at locations approved by the City Engineer to allow
maintenance of the drainage channel.
Parks
32. The developer shall be obligated for 12.5 acres of parkland as
described in the approved SPA Plan, including land, and/or
fees, and/or additional improvements, in accordance with the
Parkland Dedication Ordinance. The actual final acreage will
relate to the number of units approved with the final maps.
33. The park located in Phase 3, Unit 4 shall be a minimum 10 net
useable acres. Design and development of the park shall be
subject to the approval of the City's Director of Parks and
Recreation and shall conform with the park master plan to be
adopted by the City Council.
34. An adequate buffer and separation of 50 feet shall be provided
between the residential lots at the eastern end of Palazzo
Court and the existing park facilities, to the satisfaction of
the Director of Parks and Recreation. Solution may include
but is not limited to relocating an existing tennis court or
lot redesign.
35. A minimum 20 foot wide access corridor shall be maintained at
the end of Paseo Palazzo where the cul-de-sac abuts the
existing park. Said area shall be made part of the park.
Detail and design of the access shall be submitted to and
approved by the Departments of Planning and Parks and
Recreation prior to final map approval for Phase 3, unit 1.
Gradinq/Drainaqe
36.
An erosion and sedimentation control plan shall be prepared as
part of the grading plans.
37.
Specific methods of handling storm drainage are subject to
detailed approval by the City Engineer at the time of
submission of improvement and grading plans. Design shall be
accomplished on the basis of the requirements of the
Subdivision Manual and the Grading Ordinance (No. 1797 as
amended). The developer shall submit calculations to
.
10
~ -It)
demonstrate compliance with all drainage requirements of the
Subdivision Manual.
38. Grading proposals shall be reviewed and approved by the City
Engineer and Director of Planning for consideration of
balanced cut and fill, utilization of appropriate soil types,
effective landscaping and revegetation where applicable.
Grading shall occur in separate phases unless a single phase
operation is approved with the grading plan.
39. A letter of permission for grading shall be obtained from
SDG&E prior to any grading within or adjacent to an SDG&E
easement or which would affect access thereto.
40. The developer shall make a reasonable effort to obtain
permission to grade the slopes along Buena Vista Way at the
former intersection of East "J" Street. If permission to
grade said slope is not reasonably attainable as determined by
the city Engineer, the regrading of these slopes shall not be
required. The provisions of this condition shall be complied
with prior to approval of the final map for Phase 3, unit 3.
41. Prior to approval of any final map for single family
residential use, the developer shall submit a list of proposed
lots indicating whether the structure will be located on fill,
cut or a transition between two situations.
42. Lots shall be so graded as to drain to the street or an
approved drainage system. Drainage shall not be permitted to
flow over slopes. Lots 71, 72 and 89 of Phase 2 unit 1 shall
be designed so that there will be no negative grading or
drainage impacts to the adjacent off-site properties.
43. Graded access shall be provided to all public storm drain
structures including inlet and outlet structures. Paved
access shall be provided to drainage structures located in the
rear yard of any residential lot or as approved by the City
Engineer.
44. The use of boulders in minor drainage basins and energy
dissipators in the canyon and open space areas in the manner
approved by the City Engineer and Planning Director, is
encouraged to allow water to be captured and to allow trees to
grow naturally.
Sewer
45. The developer shall be responsible for performing sewage flow
metering to monitor three segments of main identified in the
Rick Engineering report dated September 5, 1990 as sections
QR, X1X2 and KL. Metering shall be accomplished at the
locations determined by the city Engineer. Metering shall be
11
j.'IC -II
accomplished prior to the issuance of any building permit for
SPA III and be repeated at intervals directed by the City
Engineer. Should any of these segments have metered flows
which fill more than 80% of the pipe diameter, the applicant
shall construct parallel facilities as determined by the City
Engineer. The developer shall enter into an agreement with
the City prior to first final map approval providing for all
items indicated above.
46. An improved access road with a minimum width of 12 feet shall
be provided to all sanitary sewer manholes. The roadway shall
be designed for an R-20 wheel load or other loading as
approved by the City Engineer.
47. The developer shall obtain permission from the City to deposit
sewage in a foreign basin. The developer shall enter into an
agreement with the City relative to the diversion of sewage
prior to final map approval for any phase or unit thereof
proposing said diversion.
48. The developer shall be responsible for the removal of the
existing sewer pump stations (Mission Verde and candlewood).
Prior to approval of any final map entailing said removal, the
owner and the City shall enter into an agreement to establish
the scope of work and the amount to be reimbursed by the City
to the subdivider for performing said work. The developer may
also request the formation of a special sewer service area to
provide for the cost of connection of the area currently being
served by the Candlewood pump station to the permanent gravity
sewer system.
Unless otherwise approved by the City Engineer, the scope of
work at both sites shall be limited to the removal and
disposal of equipment, grading, landscaping and construction
of new sewerlines and manholes required for connection to the
proposed Rancho del Rey sewer system. Any upsizing of Rancho
del Rey Sewer lines due solely to the flow generated by the
Mission Verde and Candlewood areas shall also be included.
Reclaimed Water
49. Prior to approval of the associated final map, the developer
shall provide on-site infrastructure to accept and to use
reclaimed water when it is available, along Paseo Ranchero
from Telegraph Canyon Road to East "R" Street and along East
"J" Street from Paseo Ranchero to the park site, per the
adopted Public Facilities Financing Plan.
50. Any costs incurred from retrofitting the reclaimed water
system, when reclaimed water becomes available, shall be paid
by the developer. Monies for this shall be held by the City,
through a deposit set up by the developer. The amount shall
12
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be determined by the developer, approved by the City and in
place prior to approval of each associated final map.
.tin
51.
Fire hydrants will be required per
standards. Hydrant spacing is 500 feet
300 feet for multi-family dwellings.
the Fire Department
for single family and
52. Maximum hydrant pressure shall not exceed 150 psi.
53. Fire hydrants and roadway access (per City Fire Marshall
approval) shall be installed, tested and operational prior to
any combustible materials placed on-site.
Aareements/Covenants
54. Prior to final map approval for Phase 1, unit 1, the developer
shall enter into an agreement with the city to guarantee the
development of the parcel specifically for senior housing.
55. Prior to the approval of the first final map, the developer
shall enter into an agreement to provide a right turn lane at
the intersection of Paseo del Rey and East "H" street, to the
satisfaction of the city Engineer, if the threshold standards
for this intersection as expressed in the then current Growth
Management Ordinance are exceeded at any time during the
development of this project.
56. Prior to approval of the first final map, the developer shall
enter into an agreement to provide a park-n-ride facility near
the intersection of East "H" street and Paseo Ranchero to
include 50 parking spaces, 10 bicycle lockers, lighting, trash
receptacles and circulation striping to the satisfaction of
the city Transit Coordinator. In addition, a transit stop, to
include a bench, shelter and trash receptacle, shall be
provided on the north side of East "H" street. A plan of said
improvements and the timing thereof shall be submitted and
approved by the City Transit Coordinator. Requirements of
this condition may also be met by dedication, improvements,
and/or financial participation in a park-n-ride facility
master plan, at the sole discretion of the City Council.
57. Prior to approval of each final map, copies of proposed CC&Rs
for the subdivision shall be submitted to and approved by the
City Planning Department.
58. Prior to approval of the first final map, the developer shall
provide a schedule, subject to the approval of the Planning
Director and city Housing Coordinator, for the development of
low income housing as defined in the agreement executed
between the City and Rancho del Rey Partnership per City
Council Resolution No. 15751 dated August 7, 1990.
13
t.f./.G ~/..3
59. Prior to the approval of any final map for the subj ect
subdivision or any unit thereof, the developer shall obtain
all off-site right-of-way necessary for the installation of
required improvements for that unit. The developer shall also
provide easements for all on-site and off-site public storm
drains, sewers and other pUblic utilities prior to approval of
the final map. Easements shall be a minimum width of 6 feet
greater than pipe size, but in no case less than 10 feet.
60. The developer shall notify the City at least 60 days prior to
consideration of the final map by city if off-site right-of-
way cannot be obtained as required by the Conditions of
approval. (Only off-site right-of-way or easements affected
by section 66462.5 of the Subdivision Map Act are covered by
this condition.
After said notification, the developer shall:
a. Pay the full cost of acquiring off-site right-of-way or
easements required by the Conditions of Approval of the
tentative Map.
b. Deposit with the City the estimated cost of acquiring
said right-of-way or easements. Said estimate to be
approved by the City Engineer.
c.
Have all easements and/or right-of-way documents
plats prepared and appraisals complete which
necessary to commence condemnation proceedings.
and
are
d. If the developer so requests, the city may use its powers
to acquire right-of-way, easements or licenses needed for
off-site improvements or work related to the Tentative
Map. The developers shall pay all costs, both direct and
indirect incurred in said acquisition.
The requirements of a, b, and c above shall be accomplished
prior to the approval of the Final Map.
All off-site requirements which fall under the purview of
section 66462.5 of the State Subdivision Map Act will be
waived in accordance with that section of the Act if the City
does not comply with the 120 day limitation specified in that
section.
61. Prior to approval of each final map, the developer shall enter
into an agreement with the city to include the subdivisions in
the Mello Roos public facilities district or an acceptable
alternative financing program, subject to the approval of both
the Chula vista Elementary and Sweetwater High School
Districts.
14
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, .
62. Prior to approval of each final map, the developer shall enter
into an agreement with the City wherein he agrees to comply
with that version of the Growth Management Ordinance in effect
at the time a building permit is issued. Such compliance
includes but is not limited to the then current East Chula
vista Transportation Phasing Plan and the adopted Air Quality
Improvement Plan and Water Conservation Plan for Rancho del
Rey SPA III.
63. Prior to final map approval for any phase or unit thereof, the
developer shall enter into an agreement with the city whereby:
a. The developer agrees that the City may withhold building
permits for any units in the subject subdivision if any
one of the following occurs:
1. Regional development threshold limits set by the
then current adopted East Chula vista
Transportation Phasing Plan have been reached.
2. Traffic volumes, level of service, public utilities
and/or services exceed the threshold standards in
the then effective Growth Management Ordinance.
b. The developer agrees that the city may withhold occupancy
permits for any of the phases of development identified
in the Public Facilities Financing Plan (PFFP) for Rancho
del Rey SPA III if the required public facilities, as
identified in the PFFP or as amended by the Annual
Monitoring Program have not been completed.
.64. Prior to approval of each final map, the developer shall agree
to not protest the formation of a district for the maintenance
of landscaped medians and parkways along streets within and
adjacent to the subject property.
65. Prior to approval of each final map, the developer shall enter
into an agreement with the City wherein he holds the city
harmless for any liability for erosion, siltation or increased
flow of drainage resulting from this project.
66. The developer shall enter. into an agreement with the City
whereby the developer agrees to participate in the monitoring
of existing and future sewage flows in the Telegraph Canyon
Trunk Sewer and the financing of the preparation of the Basin
Plan and, pursuant to any adopted Basin Plan, agree to
participate in the financing of improvements set forth
therein, in an equitable manner. Said agreement shall be
executed by the developer prior to final map approval for any
phase or unit proposing to discharge sewage into the Telegraph
Canyon Trunk Sewer.
15
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67. The developer shall permit all franchised cable television
companies ("Cable Company") equal opportunity to place conduit
to and provide cable television service for each lot within
the subdivision. The developer shall enter into an agreement
with all participating Cable Companies which shall provide, in
part, that upon receiving written notice from the City that
said Cable Company is in violation of the terms and conditions
of the franchise granted to said Cable Company, or any other
terms and conditions regulating said Cable Company in the city
of Chula Vista, as same may from time to time be amended,
developer shall suspend Cable company I s access to said conduit
until city otherwise notifies developer. Said agreement shall
be approved by the City Attorney prior to final map approval.
68. The developer shall utilize the Paseo Ranchero corridor for
construction traffic unless otherwise approved by the city
Engineer. A construction traffic plan shall be submitted for
review and approval prior to approval of the first final map
or issuance of a grading permit, whichever occurs first. The
plan shall include provisions for dust control and state hours
of operation. Revisions to said plan shall be approved by the
City Engineer.
Fees/Pavments
69. The subject property is within the boundaries of Open Space
District #20 (Zone 7), Open Space District #10 (Phase II) and
Assessment District #87-1. Prior to final map approval or
other grant of approval for any phase or unit thereof, the
developer shall pay all costs associated with:
a) detachment of subject property from Open space District
#10 (Phase II); and
b) reapportionment of assessments for Open Space District
#20 (Zone 7) and Assessment District #87-1 as a result of
subdivision of lands within the project boundary.
70. The developer shall pay:
a. Spring Valley Sewer Trunk connection fees ($130/acre)
prior to final map approval for any phase or unit thereof
contributing flow to the Spring Valley Trunk Sewer.
b. Telegraph Canyon drainage fees in accordance with
Ordinance 2384.
71. PAD fees shall be waived or modified as provided in the
adopted Public Facilities Financing Plan for Rancho del Rey.
RCT fees and DIF fees shall be paid in accordance with the
applicable regulations. PAD fees shall be guaranteed until
such time as the City waives said fees.
~tfG -I (p
16
,
Miscellaneous
72. The boundary of the subdivision shall be tied to the
California System Zone VI (1983).
73. Prior to final map approval for any unit, the developer shall
submit a copy of said final map in a digital format such as
.(DXF) graphic file. This Computer Aided Design (CAD) copy of
the final map shall be based on accurate coordinate geometry
calculations and shall be submitted on 5 1/2 HD floppy disk
prior to recordation of the final map.
74. The developer may file a master final map which provides for
the sale of super block lots corresponding to the units and
phasing or combination of units and phasing thereof, shown on
the tentative map.
If said super block lots do not show individual lots depicted
on the approved tentative map, a subsequent final map shall be
filed for any lot which will be further subdivided.
The city Engineer may condition approval of such a final map
to require necessary plans to prQvide infrastructure necessary
top meet City threshold policies and to conform to the
approved Public Facilities Financing Plan. All super block
lots created shall have access to a dedicated public street.
Bonds in the amounts determined by the City Engineer shall be
posted prior to approval of a master final map. said master
final map shall not be considered the first final map as
indicated in other conditions of approval unless said map
contains single or multiple family lots shown on the tentative
map.
Code Reauirements
75. The developer shall comply with all relevant Federal, State
and Local regulations, including the Clean Water Act. The
developer shall be responsible for providing all required
testing and documentation to demonstrate said compliance as
required by the City Engineer.
76. The developer shall comply with all applicable sections of the
Chula vista Municipal Code as they exist at the time of
issuance of the building permit. Preparation of the final map
and all plans shall be in accordance with the provisions of
the Subdivision Map Act and the City of Chula vista
Subdivision Map Act and the City of Chula vista Subdivision
Ordinances and Subdivision Manual.
77. Applicant shall comply with, remain in compliance with, and
implement, the terms, conditions and provisions of the
sectional Planning Area Plan, and such Water Conservation
Plan, the Air Quality Plan and the Public Facilities Financing
t.'l-E - I? 17
Plan approved by the Council ("Plans") as are applicable to
the property which is the subject matter of this Tentative
Map, prior to approval of the Final Map, or shall have entered
into an agreement with the city, providing the city with such
security (including recordation of covenants running with the
land) and implementation procedures as the city may require,
assuring that, after approval of the Final Map, the Applicant
shall continue to comply with, remain in compliance with, and
implement such Plans.
That a copy of this resolution be transmitted to the owners of the
property.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, this 9th day of July, 1991, by the following vote, to-
wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
(llDR3TMCC.RES)
~tfE..11'
18
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE CEQA FINDINGS FOR
EIR-89-10, RANCHO DEL REY SPA III
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, subsequent to the City Council's adoption of
the CEQA Findings for EIR-89-10 on Rancho del Rey SPA III, and in
accordance with Council's conditional approval of the RDR SPA III
Plan, new studies were required to evaluate ways to reduce net
water waste and improve air quality within the project; and
WHEREAS, the Water and Air Plans specify measures to be
incorporated into the project that provide for better water and
air quality.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the Ci ty of Chula Vista does hereby amend the CEQA Findings for
EIR-89-10, Rancho del Rey SPA III, to include the Water and Air
Plans.
Presented by
?J2 ~"
Bruce M. Boogaar
by
Robert A. Leiter, Director of
Planning
8969a
lty Attorney
?,tI,c -I
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MITIGATION MONITORING
PROGRAM FOR EIR-89-10, RANCHO DEL REY SPA III
, The City Council of the City of Chula Vista doe~~ hereby
r~~ve as follows:
"
"-
"""~~EREAS, a Mitigation Monitoring Program f r EIR-89-10,
Rancho ~ Rey SPA JII, was adopted by the ity planning
Commission'~~n November' 14, 1990 and by the 1 ty Council on
January 15, 91; and
'\
,
WHEREAS, amendment~ have been mad to the Monitoring
Program since wate use has Q~en reduced a d additional measures
have been added to further Iit~tigate ne tive impacts to water
quality; and " "
'", \
"~ \
in or~r to assu e that these are in fact
Mi tiga tio~ Moni to ng Program has been amended
,,- "
"
WHEREAS,
implemen ted, the
accordingly.
\
NOW, THEREFORE, BE IT ,J;;SOLVED, that the City Council of
the City of Chula Vista es>"hereiJ-l( amend the Mitigation
Monitoring Program for EIR-89 10, Ri'hl,cho d,el Rey SPA III.
, \
'" \
, \
Presented by ~d, a~ 0 form by
~."..\\ J
Bruce
, Clty
"
\''-\,
, "
\ \
\
\
\
\
\
Attorney
Ro ert A.
planning
8970a
(
/
/
\
"
\
\,
3/-43
~v-:
7 -5 - 9/
RESOLUT ION NO. / C:, J),J. 4--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MITIGATION MONITORING
PROGRAM FOR EIR-89-10, RANCHO DEL REY SPA III
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, a Mitigation Monitoring Program for EIR-89-10,
Rancho del Rey SPA III, was adopted by the City Planning
Commission on November 14, 1990 and by the City Council on
January 15, 1991; and
WHEREAS, amendments
Program since water use has
have been added to further
quality; and
have been made to the Monitoring
been reduced and additional measures
mit iga te negative impacts to wa ter
WHEREAS,
implemented, the
accordingly.
in order to assure that these are
Mitigation Monitoring Program has been
in fact
amended
NOW, THEREFORE, BE IT RESOLVED that the City Council of
hereby amend the Mitigation
Rancho del Rey SPA III as shown
1991 Final Amended Mitigation
the City of Chula vista does
Monitoring Program for EIR-89-10,
in the version marked "July 9,
Monitoring program."
Presented by
Approved as to form by
~MV
Robert A. Leiter, Director of
Planning
8970a
Bruce M. Boog
Zlf~ - f
COUNCIL AGENDA STATEMENT
Item ~
ITEM TITLE:
Meeting Date 7/9/91
Consideration of tentative
at EastLake Greens, Chul a Vi sta
Public Hearing: PCS-91-05
subdivision map for Cambridge
Tract 91-05 - Odmark & Thelan
Resol ution 1(,'J..~1, Approving PCS-91-05
SUBMITTED BY: Director of Planning ~
REVIEWED BY: City Manager~ (4/5ths Vote: Yes___No-X-)
The applicant has submitted a tentative subdivision map known as Cambridge at
EastLake Greens, Chula Vista Tract 91-05, in order to develop a 9-10t
condominium project consisting of 146 units on 11.68 acres at the southwest
corner of Hunte Parkway and North Greensview Drive.
The City Council previously certified EIR-86-4, which includes the entire
EastLake Greens SPA. The proposal is exempt from further environmental review
as a Class l(j) exemption under CEQA.
RECOMMENDATION: That Council adopt the resolution approving PCS-91-05.
BOARDS/COMMISSIONS RECOMMENDATION:
Commission voted 5-2 to recommend
accordance with Resolution PCS-91-05.
On June 26, 1991, the Planning
that the Council approve the map in
On March 25, 1991, the Design Review Committee voted 3-0 to approve the design
of the project (ref: DRC-91-62).
DISCUSSION:
The property is located on the southwest corner of Hunte Parkway and North
Greensvi ew Dri ve wi thi n the EastLake Greens Pl anned Commun i ty. The EastLake
II GDP and EastLake Greens SPA des i gnate the site for Medi urn High Dens i ty
Attached Residential development (11-18 du/ac) at a target yield of 146
units. The proposal is for 146 units on 11.68 acres, which results in a net
density of 12.5 du/ac. The site sits above the abutting streets to the north
and east, and adjoins the golf course on the west and south.
The project involves a total of 146 two-story townhouse units in four-plex and
six-plex buildings. The street system consists of private drives, with a
primary loop and motor courts which provide access to garages located at the
rear of the structures. Guest parking is provided in bays and along the
primary loop. The common recreation area will feature a swimming pool, tot
lot, pergola and restroom building. Each unit also has a private patio.
The project was approved by the Design Review Committee and could be
constructed as apartments. The purpose of the map is to sell the individual
units. The two Planning Commissioners opposed to the project expressed
concern over the dens ity of the project. As noted, the project's dens ity is
near the low end of the General Pl an range and cons i stent with the dwell i ng
unit yield authorized in the EastLake Greens SPA plan.
11"-/
Page 2, Item ~
Meeting Date 7/9/91
The recommended conditions of approval are as follows:
1. The maintenance of Lots Band C shall be undertaken by the Master
Homeowners Association.
2. The common area designated as Lot 1 shall be developed with the first
phase of construction.
3. The location of the guest parking spaces, including the two spaces
closest to Unit 28, shall be subject to review and approval of staff
prior to approval of a grading plan.
4. An acoustical analysis shall be submitted and any necessary mitigation
measures guaranteed prior to the approval of grading plans or a final map.
5. The approval of all final maps by the City Council will require
compliance with the City's adopted threshold standards to the
satisfaction of the Director of Planning.
6. The developer shall enter into an agreement with the Otay Water District
to provide terminal water storage and other major facil ities to assure
water availability to the project prior to the approval of a final map.
7. RCT shall be paid except as otherwise modified by the publ ic hcil ities
and financing plan for EastLake Greens. PAD fees shall be guaranteed on
park lands established (in accordance with City standards) prior to
recordation of the map.
8. The subdivider shall provide written evidence of agreement with the Chu1a
Vista City School District regarding the provision of adequate school
facilities for the project prior to the approval of a final map.
9. The project shall comply wi th the plans approved by the Des i gn Revi ew
Committee (DRC-91-62).
10. The amount of any fees applicable to the project shall be those in effect
at the time they are collected.
11. All streets within the development shall be private. Detailed horizontal
and vertical a1 ignment of the center 1 ine of Cambridge Court shall be
reflected on the improvement plans for said developments. Design of said
streets shall meet the City standards for private streets.
12. Should the developer elect to file multiple final maps, a phasing plan
shall be approved by the City Engineer indicating improvements to be
installed for each map prior to approval of the first map.
13. Prior to the approval of any final map for any lot or unit, the developer
shall guarantee the construction of all improvements (streets, sewers,
drainage, util ities, etc.) deemed necessary to provide service to such
lot or unit in accordance with City standards.
')..t;-.2.-
Page 3, Item ~
Meeting Date 7/9/91
14. The subject property is wi thi n the boundari es of Assessment Di stri cts
85-2 and 90-3. The developer shall be responsible for all costs
associated with reapportionment of assessments as a result of subdivision
of lands within the project boundary.
15. a. The developer shall agree to not protest i ncl us i on of the property
in a district for the maintenance of landscaped medians and parkways
along streets adjacent to the subject property.
b. The developer shall enter into an agreement wherein he agrees to not
protest formation of an assessment district for the construction of
street improvements to connect Orange Avenue and Palomar Street to
existing improvements to the west of the subject property and to not
protest incl usion of the subject improvements as projects in the
Eastern Territories Development Impact Fee system.
c. The developer shall enter into an agreement wi th the City whereby
the developer agrees to part i ci pate in the moni tori ng of exi st i ng
sewage flows in the Telegraph Canyon Truck Sewer and the financing
of the preparat i on of the Bas i n Plan and, pursuant to any adopted
Basin Pl an, agree to participate in the financing of improvements
set forth therein, in a equitable manner. Said agreement shall be
executed by the developer prior to Final Map approval.
16. Lots shall be so graded as to drain to the street or to an approved
drainage system. Drainage shall not be permitted to flow over slopes.
17. Off-site cumulative transportation impacts shall be mitigated to
insignificant levels by adhering to the current East Chula Vista
Transportation Phasing Plan or any future updates thereto.
18. The developer shall enter into an agreement whereby the developer agrees
that the City may withhold building permits for any units in the subject
subdivision if traffic on Otay Lakes Road, Telegraph Canyon Road,
EastLake Parkway, exceed the levels of service identified in the City's
adopted thresholds.
19. The Declarat i on of Covenants, Conditions and Restri ct i ons shall i ncl ude
provi si ons assuri ng maintenance of all streets, dri veways and drainage
systems which are private. The City of Chula Vista shall be named as
party to said Declaration authorizing the City to enforce the terms and
conditions of the Declaration in the same manner as any owner within the
subdivision.
20. On the condition that City shall promptly notify the subdivider of any
claim, action or proceeding and on the further condition that the City
fully cooperates in the defense, the subdivider/appl icant shall defend,
indemnify, and hold harmless the City, and its agents, officers and
employees, from any claim, action or proceeding against the City, or its
agents, offi cers or employees, to attack, set aside, void or annul any
~...3
Page 4, Item AS
Meeting Date 7/9/91
approva 1 by the City, i ncl udi ng approvals by its agents, offi cers, or
employees with regard to this subdivision.
21. The developer shall permit all franchised cable television companies
("Cable Company") equal opportunity to place conduit to and provide cable
television service for each lot within the subdivision. The developer
shall enter into an agreement with all participating Cable Companies
which shall provide, in part, that upon receiving written notice from the
City that said Cable Company is in violation of the terms and conditions
of the franch i se granted to sa i d Cable Company, or any other terms and
conditions regulating Cable Company in the City of Chula Vista, as same
may from time to time be amended, Developer shall suspend Cable Company's
access to said conduit until City otherwise notifies Developer. Said
agreement shall be approved by the City Attorney prior to Final Map
approval.
22. Pri or to approval of a Fi na 1 Map for any uni t, the owner sha 11 submi t a
copy of said final map in a digital format such as (DXF) graphic file.
This Computer-Aided Design (CAD) copy of the Final Map shall be based on
accurate coordinate geometry calculations and shall be submitted on 5-1/2
HD floppy disk prior to the approval of the Final Map.
23. The City Engineer shall determine which proposed sewers will be publicly
maintained. All public sewers shall have paved access to manholes. Only
a-inch diameter sewers will be considered to be publicly maintained.
24. The pri vate storm drain east of units 57-62 shown withi n Hunte Parkway
shall be relocated outside of the public right-of-way. Connection to the
public storm drain system shall be approved by the City Engineer.
25. The developer shall install a raised concrete median in North Greensview
Drive between Hunte Parkway and 200 feet west of Cambridge Court.
Said median shall include landscaping and/or hardscape and be designed to
the satisfaction of the City Engineer.
26. The applicant shall comply with a City-approved water use offset policy.
Said policy may require one or more of the following:
a. Compl i ance wi th a regi ona 1 water use offset program, to be
administered by the San Diego County Water Authority.
b. Compliance with a locally administered water use offset program
(such program may be administered by the City, water district, or a
combination of both);
c. Implementation of specific water use offset measures for this
project, if neither a regional or locally-administered water use
offset program is in place prior to issuance of building permits for
any portion of this project.
t~.. ~
Page 5, Item A5
Meeting Date 7/9/91
In the event that a City-approved water offset policy is not in effect at
the time building permits are issued, the requirements of this condition
shall be met through implementation of specific water offset measures for
this project, with the level of offsets and specific measures to be
approved by the City.
FISCAL IMPACT: Not applicable.
WPC 9480P
as...s I"~-{,
RESOLUTION NO. 11.2.1f1,..
RESOLUTION OF
CHULA VISTA
CAMBRIDGE AT
TRACT 91-05
THE CITY COUNCIL OF THE CITY OF
APPROVING TENTATIVE MAP FOR
EASTLAKE GREENS, CHULA VISTA
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, Odmark & Thelan has submitted a tentative
subdivision map in order to develop a 9-1ot condominium project
consisting of 146 units on 11.68 acres at the southwest corner of
Hunte parkway and North Greensview Drive, and
WHEREAS, the City Council previously
which includes the entire EastLake Greens SPA
exempt from further environmental review
exemption under CEQA; and
certified EIR-86-4,
and the proposal is
as a Class l(j)
WHEREAS, the Planning
recommend that Council approve
with its Resolution PCS-91-05
June, 1991; and
Commission voted unanimously to
the tenta ti ve map in accordance
adopted on the 26th day of
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the tentative map for
Cambridge at Eastlake Greens, Chula Vista Tract 91-05 subject to
the following conditions:
1. The maintenance of Lots Band C shall be undertaken by the
Master Homeowners Association.
2. The common area designated as Lot 1 shall be developed with
the first phase of construction.
3. The location of the guest parking spaces, including the two
spaces closest to unit 28, shall be subject to review and
approval of staff prior to approval of a grading plan.
4.
An acoustical analysis shall be
mitigation measures guaranteed
grading plans or a final map.
submitted and any necessary
prior to the approval of
5. The approval of all final maps by the City Council will
require compliance wi th the City I S adopted threshold
standards to the satisfaction of the Director of Planning.
6.
The developer shall enter
Water District to provide
major facilities to assure
prior to the approval of a
in to an agreement wi th the Otay
terminal water storage and other
water availability to the project
final map.
';..'5- 7
-1-
7. RCT shall be paid except as otherwise modified by the public
facilities and financing plan for EastLake Greens. PAD fees
shall be guaranteed on park lands established (in accordance
with city standards) prior to recordation of the map.
8. The subdivider shall provide written evidence of agreement
with the Chula vista city School District regarding the
provision of adequate school facilities for the project
prior to the approval of a final map.
9. The project shall comply wi th the plans approved by the
Design Review Committee (DRC-9l-62).
10. The amount of any fees applicable to the project shall be
those in effect at the time they are collected.
11. All streets within the development shall be private.
Detailed horizontal and vertical alignment of the center
line of Cambridge Court shall be reflected on the
improvement plans for said developments. Design of said
streets shall meet the City standards for private streets.
12.
Should the developer elect to file multiple
phasing plan shall be approved by the
indicating improvements to be installed for
to approval of the first map.
final maps, a
Ci ty Engineer
each map pr ior
13. Prior to the approval of any final map for any lot or unit,
the developer shall guarantee the construction of all
improvements (streets, sewers, drainage, utilities, etc.)
deemed necessary to provide service to such lot or uni t in
accordance with City standards.
14. The subject property is within the boundaries of Assessment
Districts 85-2 and 90-3. The developer shall be responsible
for all costs associated with reapportionment of assessments
as a result of subdivision of lands within the project
boundary.
15. a. The developer shall agree to not protest inclusion of
the property in a district for the maintenance of
landscaped medians and par kways along streets ad jacent
to the sUbject property.
b. The developer shall enter into an agreement wherein he
agrees to not protest formation of an assessment
district for the construction of street improvements to
connect Orange Avenue and Palomar Street to existing
improvements to the west of the subject property and to
not protest inclusion of the subject improvements as
projects in the Eastern Territories Development Impact
Fee system.
-2-
)..s -f
c. The developer shall enter into an agreement with the
City whereby the developer agrees to participate in the
monitoring of existing sewage flows in the Telegraph
Canyon Truck Sewer and the financing of the preparation
of the Basin Plan and, pursuant to any adopted Basin
Plan, agree to participate in the financing of
improvements set forth therein, in a equitable manner.
Said agreement shall be executed by the developer prior
to Final Map approval.
16.
Lots shall be so graded as
approved drainage system.
to flow over slopes.
to drain to the street or to an
Drainage shall not be permitted
17.
Off-site cumulative transportation impacts
mitigated to insignificant levels by adhering to
East Chula vista Transportation Phasing Plan or
updates thereto.
shall be
the current
any future
18. The developer shall enter into an agreement whereby the
developer agrees that the City may withhold building permits
for any units in the subject subdivision if traffic on Otay
Lakes Road, Telegraph Canyon Road, EastLake Parkway, exceed
the levels of service identified in the City's adopted
thresholds.
19. The Declaration of Covenants, Condi tions and Restr ictions
shall include provisions assuring maintenance of all
streets, dr i veways and drainage sys terns which are pr i va te.
The City of Chula Vista shall be named as party to said
Declaration authorizing the City to enforce the terms and
conditions of the Declaration in the same manner as any
owner within the subdivision.
20. On the condition that City shall promptly notify the
subdivider of any claim, action or proceeding and on the
further condition that the City fully cooperates in the
defense, the subdivider/applicant shall defend, indemnify,
and hold harmless the City, and its agents, officers and
employees, from any claim, action or proceeding against the
City, or its agents, officers or employees, to attack, set
aside, void or annul any approval by the City, including
approvals by its agents, officers, or employees with regard
to this subdivision.
21. The developer shall permit all franchised cable television
companies ("Cable Company") equal opportunity to place
conduit to and provide cable television service for each lot
within the subdivision. The developer shall enter into an
agreement with all participating Cable Companies which shall
provide, in part, that upon receiving written notice from
the City that said Cable Company is in violation of the
terms and conditions of the franchise granted to said Cable
Company, or any other terms and conditions regulating Cable
25-9
-3-
Company in the City of Chula Vista, as same may from time to
time be amended, Developer shall suspend Cable Company's
access to said conduit until City otherwise notifies
Developer. Said agreement shall be approved by the City
Attorney prior to Final Map approval.
22. Prior to approval of a Final Map for any unit, the owner
shall submi t a copy of said final map in a digi tal format
such as (DXF) graphic file. This Computer-Aided Design
(CAD) copy of the Final Map shall be based on accurate
coordinate geometry calculations and shall be submitted on
5-1/2 HD floppy disk prior to the approval of the Final Map.
23. The City Engineer shall determine which proposed sewers will
be publicly maintained. All public sewers shall have paved
access to manholes. Only 8-inch diameter sewers will be
considered to be publicly maintained.
24.
The private storm drain east of units 57-62 shown
Hunte Parkway shall be relocated outside of the
right-of-way. Connection to the public storm drain
shall be approved by the City Engineer.
within
public
system
25.
The developer shall install a
Nor th Greensview Dr i ve between
west of Cambridge Court.
raised concrete median in
Hunte Parkway and 200 feet
Said median shall include landscaping and/or hardscape and
be designed to the satisfaction of the City Engineer.
26.
The applicant
offset policy.
following:
shall comply wi th a ci ty-approved water use
Said policy may require one or more of the
a. Compliance with a regional water use offset program, to
be administered by the San Diego County Water Authority.
b. Compliance with a locally administered water use offset
program (such program may be administered by the City,
water district, or a combination of both);
c.
Implementation of specific water use offset measures
this project, if neither a
locally-administered water use offset
place prior to issuance of building
portion of this project.
regional
program is
permits for
for
or
in
any
Zt5 _ /64-
In the event that a City-approved water offset policy is
not in effect at the time building permits are issued,
the requirements of this condition shall be met through
implementation of specific water offset measures for
this project, with the level of offsets and specific
measures to be approved by the City.
Presented by
Approved as to form by
Robert Leiter, Director of
Planning
. (t.t.) 0
Bruce M. Booga
9025a
-5-
2!! -if
RESOLUTION NO. PCS-91-05
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
APPROVE THE TENTATIVE SUBDIVISION MAP FOR
CAMBRIDGE AT EASTLAKE GREENS, CHULA VISTA TRACT
91-05
WHEREAS, a duly verified application for a tentative subdivision map
was filed with the Planning Department of the City of Chula Vista on April 10,
1991 by Odmark and Thelan, and
WHEREAS, said appl ication requested approval to subdivi!e a 9-lot
condominium project consisting of 146 units on 11.68 acres located at the
southwest corner of Hunte Parkway and North Greensview Drive in the EastLake
Greens Community, and
WHEREAS, the Planning Commission set the time,and p~ace for a hearing
on said tentative subdivision map application and notice of said hearing,
together with its purpose, was given by its publ ication ~n a newspaper of
general circulation in the city and its mailing to property owners within 300
feet of the exterior boundaries of the property at least ten days prior to the
hearing, and
WHEREAS, the hearing was held at the time and place as advertised,
namely 7:00 p.m., Wednesday, June 26, 1991, in the Council Chambers, 276
Fourth Avenue, before the Planning Commission and said hearing was thereafter
closed, and
WHEREAS, the Planning Commission previously certified EIR-86-4 and
the project is exempt from further environmental review as a Class l(j)
exemption under CEQA.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION finds as
follows:
Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative
subdivision map for Cambridge at EastLake Greens, Chula Vista Tract 91-5,
is found to be in conformance with the various elements of the City's
General Plan based on the following:
1. The site is physically suitable for residential development and the
proposal conforms to all standards established by the City for such
projects.
2. The design of the subdivision will not affect the existing
improvements -- streets, sewers, etc. -- which have been designed to
avoid any serious problems.
3. The project is in substantial conformance with the Chula Vista
General Plan Elements as follows:
a. Land Use - The residential type and density proposed is
consistent with the EastLake II GDP and the EastLake Greens SPA
Plan.
~5 - /3 .
Circulation - The street system consists
drives consistent with City standards.
East Chula Vista TPP has been required.
c. Housing - The project will provide an attached housing produc';
consistent with the overall mix approved for EastLake Greens.
of private streets and
Participation in the
b.
d.
Conservat i on The conservation of major 1 and
environmentally sensitive areas was addressed by the
and II GDP' s and the EastLake Greens SPA Pl an. The
consistent with those plans.
e. Park and Recreation, Open Space The overal'
park/recreation/open space program has been establ i shed by thl
GDP and SPA. The proposal is consistent with that program.
forms and
EastLake I
project is
f. Seismic Safety - There are no major geologic constraints on the
site. Specific mitigation measures pertaining to grading, soil
and slope stability, fill materials and. foundation design have
or will be incorporated into the project.
g. Safety - The project will have to show compl iance w'th the
City's threshold standards for public services prior to the
approval of final maps and the issuance of building permits.
h. Noise - All dwellings will be designed so as not to exceed
interior noise levels of 45 dBA. An acoustical report has been
required prior to grading.
i. Scenic Highway - Landscaped open space is proposed along the
Hunte Parkway Scenic Road.
j. Bicycle Routes - All of the major streets within EastLake Greens
have been designed to accommodate bicycle travel.
k. Publ ic Buildings - No publ ic buildings are planned or proposed
withi n the project boundari es. The project is subject to the
payment of Eastern Area Development Impact Fees.
4. Pursuant to Section 66412.2 of the Subdivision Map Act, the
Commission certifies that it has considered the effect of this
approval on the housing needs of the region and has balanced those
needs against the publ ic service needs of the residents of the City
and the available fiscal and environmental resources. The designated
mixture of SFD/SFA and apartment mix within EastLake Greens was
evaluated and acted on by the Planning Commission during
consideration of the Greens SPA.
5.
To the extent feasible, structures have been
manner to provide for passive or natural
opportunities.
sited and sized in a
heating and cooling
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that
City Council approve the tentative subdivision map for Cambridge at EastLake
Greens, Chula Vista Tract 91-05 subject to the following conditions:
1.5..1'/ -2-
1. The maintenance of Lots Band C shall be undertaken by the
Master Homeowners Association.
2. The common area designated as Lot 1 shall be developed with the
first phase of construction.
3. The location of the guest parking spaces, including the two
spaces closest to Unit 28, shall be subject to review and
approval of staff prior to approval of a grading plan.
4. An acoustical analysis shall be submitted and any necessary
mitigation measures guaranteed prior to the approval of grading
plans or a final map.
5. The approval of all final maps by the City Council will require
compliance with the City's adopted threshold standards to the
satisfaction of the Director of Planning.
6. The developer shall enter into an agreement with the Otay Water
District to provide terminal water storage and other major
facilities to assure water availability to the project prior to
the approval of a final map.
7. RCT shall be pa i d except as otherwi se mod i fi ed by the pub 1 i c
facil ities and financing plan for EastLake Greens. PAD fees
sha 11 be guaranteed on park 1 ands estab 1 i shed (i n accordance
with City standards) prior to recordation of the map.
8. The subdivider shall provide written evidence of agreement with
the Chula Vista City School District regarding the provision of
adequate school facilities for the project prior to the approval
of a final map.
9. The project shall comply with the plans approved by the Design
Review Committee (DRC-91-62).
10. The amount of any fees applicable to the project shall be those
in effect at the time they are collected.
11. All streets within the development shall be private. Detailed
hori zonta 1 and vert i ca 1 a 1 i gnment of the center 1 i ne of
Cambri dge Court shall be refl ected on the improvement plans for
said developments. Design of said streets shall meet the City
standards for private streets.
12. Should the developer elect to file multiple final maps, a
phasing plan shall be approved by the City Engineer indicating
improvements to be installed for each map prior to approval of
the fi rst map.
13. Prior to the approval of any final map for any lot or unit, the
developer shall guarantee the construction of all improvements
(streets, sewers, drainage, utilities, etc.) deemed necessary to
provide service to such lot or unit in accordance with City
standards.
-3-
~ ../.$
14. The subject property is within the boundaries of Assessment
Districts 85-2 and 90-3. The developer shall be responsible for
all costs associated with reapportionment of assessments as a
result of subdivision of lands within the project boundary.
15. a. The developer shall agree to not protest inclusion of the
property in a district for the maintenance of landscaped
medians and parkways along streets adjacent to the subject
property.
b. The developer shall enter into an agreement wherein he
agrees to not protest formation of an assessment district
for the construction of street improvements to connect
Orange Avenue and Palomar Street to exi sti ng improvements
to the west of the subject property and to not protest
inclusion of the subject improvements as projects in the
Eastern Territories Development Impact Fee system.
c. The developer shall enter into an agreement with the City
whereby the developer agrees to participate in the
monitoring of existing sewage flows in the Telegraph Canyon
Truck Sewer and the fi nanci ng of the preparat i on of the
Bas i n Plan and, pursuant to any adopted Bas i n Pl an, agree
to participate in the financing of improvements set forth
therein, in a equitable manner. Said agreement shall be
executed by the developer prior to Final Map approval.
16. Lots shall be so graded as to drain to the street or to an
approved drainage system. Drainage shall not be permitted to
flow over slopes.
17. Off-site cumulative transportation impacts shall be mitigated to
insignificant levels by adhering to the current East Chula Vista
Transportation Phasing Plan or any future updates thereto.
18. The developer shall enter into an agreement whereby the
developer agrees that the City may withhold building permits for
any units in the subject subdivision if traffic on Otay Lakes
Road, Telegraph Canyon Road, EastLake Parkway, exceed the levels
of service identified in the City's adopted thresholds.
19. The Declaration of Covenants, Conditions and Restrictions shall
include provisions assuring maintenance of all streets,
driveways and drainage systems which are private. The City of
Chula Vista shall be named as party to said Declaration
authorizing the City to enforce the terms and conditions of the
Declaration in the same manner as any owner within the
subdivision.
20. On the condition that City shall promptly notify the subdivider
of any claim, action or proceeding and on the further condition
that the City fully cooperates in the defense, the
subdivider/applicant shall defend, indemnify, and hold harmless
the City, and its agents, officers and employees, from any
claim, action or proceeding against the City, or its agents,
~ ,. I'
-4-
officers or employees, to attack, set aside, void or annul any
approval by the City, including approvals by its agents,
officers, or employees with regard to this subdivision.
21. The developer shall permit all franchised cable television
companies ("Cable Company") equal opportunity to place conduit
to and provide cable television service for each lot within the
subdivision. The developer shall enter into an agreement with
all participating Cable Companies which shall provide, in part,
that upon receiving written notice from the City that said Cable
Company is in violation of the terms and conditions of the
franchise granted to said Cable Company, or any other terms and
conditions regulating Cable Company in the City of Chula Vista,
as same may from time to time be amended, Developer shall
suspend Cable Company's access to said conduit until City
otherwi se not i fi es Developer. Said agreement shall be approved
by the City Attorney prior to Final Map approval.
22. Prior to approval of a Final Map for any unit, the owner shall
submit a copy of said final map in a digital format such as
(DXF) graphic file. This Computer-Aided Design (CAD) copy of
the Fi nal Map shall be based on accurate coordi nate geometry
calculations and shall be submitted on 5-1/2 HD floppy disk
prior to the approval of the Final Map.
23. The City Engineer shall determine which proposed sewers will be
publicly maintained. All public sewers shall have paved access
to manholes. Only a-inch diameter sewers will be considered to
be publicly maintained.
24. The private storm drain east of units 57-62 shown within Hunte
Parkway shall be relocated outside of the public right-of-way.
Connection to the public storm drain system shall be approved by
the City Engineer.
25. The developer shall install a raised concrete median in North
Greensview Drive between Hunte Parkway and 200 feet west of
Cambridge Court.
Said median shall include landscaping and/or hardscape and be
designed to the satisfaction of the City Engineer.
26. The applicant shall comply with a City-approved water use offset
policy. Said policy may require one or more of the following:
a. Compl iance with a regional water use offset program, to be
administered by the San Diego County Water Authority.
b. Comp 1 lance wi th a 1 oca 11 y admi n i stered water use offset
program (such program may be administered by the City,
water district, or a combination of both);
c. Implementation of specific water use offset measures for
this project, if neither a regional or locally-administered
water use offset program is in place prior to issuance of
building permits for any portion of this project.
2.'5-/7
-5-
In the event that a City-approved water offset policy is not in
effect at the time building permits are issued, the requirements
of this condition shall be met through implementation of
specific water offset measures for this project, with the level
of offsets and specific measures to be approved by the City.
That a copy of this resolution be transmitted to the owners of the
property and the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA,
this 26th day of June, 1991, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Commissioners Casillas, Fuller, Decker, Martin and Grasser-Horton
Commissioners Carson and Tugenberg
None
ATTEST:
/2'J:Ll
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OOMARK & THELAN
1[110 .''''''''';'' ~..,""', ~,ol.. llll' s..n u.c,,, {..Ilt...",.. VlI<l'
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CAMBRIDGE
AT EASTLAKE GREENS
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THE cm. F CHULA VISTA PARTY DISCLOSuJ<E STATEMENT.
,
1.
Statement of disclosure of certain ownership interests, payn:ents, or campaign contnbutions, on all matters
. which will require discretionary action on the part of the CHY Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
contributed more than $1,000 to a
Yes No --.!.... If yes, state which
. .' ';.: 'to ); ~ .: ',:: ~ ~ ;, ':el . (
. .., '1"""'1' ''Ill'
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Person is defined as: "Any individual, firm, co-pnrfnership, )0;''' \'Cnfllre, nssueinlion, socinl club, frnfernnl o'rgnnizarion, corpornlio~,
eSWfe, lrusf, recei~'er, syndicate, {his (lnd nny ollla cOllnty. ci~) (Ind COulltry, Cif)', mllllidpnlity, district or other polilical subdivisioIJ,
01' allY other group or combination aCfing as n L1nil."
2,
,
3.
4.
5,
>.1"",
6.
(NOTE:
Date:
1.
~l~ . ; . ~ ; '. >
:,,:t;. ." \ .
i.e:, 'contractor,
List the names of all persons having a financial interest
subcontractor, material supplier. .
Odmark & Thelan, a California General Partnership
in the contract,
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:"i ,.';. -.H, <~;;r:
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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. '1. j":it'A:~,lt' ;;;,':
T d P Od k ," ",' '''I "'"
_e_ _- __mar_ > '''1'' " ':;'
John D. Thelan
)
,
If any person identified pursuant to (1) above is non-profit organization or a trust, list the mimes
of any person serving as director of the non-proLt organization or as trustee or beneficiary or
trustor of the trust. ';.: ';~-:.:."i."",Jt.
". . ~).;..
N/A
Have you had more than $250 worth of busines,; transacted with any member of the City staff,
Boards, Commissions, Committees and Council within the past twelve months? Yes
No -2L If yes, please indicate person(s):
Please identify each and every person, including any agents, employees, consultants or independent
contractors who you have assigned to represent you before the City in this matter.
~tfl!ve Stoc.k
Geor2e O'Day. O'DaY ~on8ultants
Steve Berry. Architects Lorimer Case
Have you and/or your officers or agents, in the aggregate,
Councilmember in the current or preceding electio:, period?
Councilmember(s ):
j';'II,
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.j '~ : 'h ~
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[,\.IIJ\A:DISCLOSIl,TXT]
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Signature 4 :?~ra~r/23'1:YcXi!Yf2-'F , , ,.' I.
Odmark &' thelan ': i
Print or tn'; name of contractor/applicant ".:! 1 .
~ , ' (Rcvl"d:\1/30f.IO)':, .
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Planning Commission
-2-
June 26, 1991
ITEM I:
PUBLIC HEARING: PCS-91-5 - CONSIDERi.TION OF TENTATIVE
SUBDMSION MAP FOR CAMBRIDGE AT EASTLAKE GREENS, CHULA
VISTA TRACT 91-5 - Odmark & Thelan
Senior Planner Griffm gave the location of the property and described the proposed project. He
noted the project had been approved by the Design Review Committee on March 25, 1991, and
could be constructed as apartment units. The sole purpose of filing 'If the tentative map was to
sell the individual units. Mr. Griffm said the proposed project compied with both the EastLake
II General Development Plan and the EastLake Greens SPA, and w~\ a Class I Exemption from
environmental review under the California Environmental Quality Act because of a previously
prepared EIR and the fact that the map only involved the issue of ownership. Based on the
findings and conditions listed in the staff report, staff recommended approval of the map subject
to an amendment to Condition No. 26. He suggested the IdSt paragraph of Condition No. 26,
third line, second word which read "plan" should be changed to "condition."
Chair Grasser Horton asked if the City had an adopted waW use offset program. Mr. Griffin
relied negatively. Answering Chair Grasser Horton, he also replied that the County Water
Authority or Otay Water District had none.
Commissioner Carson asked how close the levels of service on traffic were coming to the City
adopted standards on Otay Lakes Road, Telegraph Canyon Road, and EastLake Parkway.
Commissioner Tugenberg also asked why East "H" Street east of 1-805 wasn't included.
Assistant Planning Director Lee answered that the traffic count had not changed significantly
since 1989.
Commissioner Fuller responded on behalf of the Growth Oversight Commission, noting that
their report was in the process of being finalized and stated the City is still in compliance with
the levels of service on those streets.
Senior Civil Engineer Ullrich also stated that East "H" Street had been left out because the
impact from traffic generated by this project on East "H" Street was considered to be very
limited, since the majority of the trips would go down Otay Lakes Road and Telegraph Canyon
Road.
Answering Commissioner Carson's question, Assistant Planning Director Lee reported staff
could have the exact numbers by the July 10 meeting.
Commissioner Tugenberg questioned Condition No. 19, asking if the private roads would be
covered under the CC&Rs of EastLake regarding the parking of RVs on the street.
Assistant Planning Director Lee replied that they would.
~S~;"'1
Planning Commission
-3-
June 26, 1991
Commissioner Decker asked if consideration had been given to the developer l,Sing xeriscape
whenever possible. Senior Planner Lee answered that there was not a specific condition
regarding xeriscape; however, the condition regarding water offset policy woul~ address that.
Chair Grasser Horton asked for a comparison to another project near EastLake Greens regarding
density and housing type. Mr. Lee replied that there was nothing comparable in terms of
housing type. The density would be a little higher than the typical attached unit1 there.
Chair Grasser Horton questioned if they were stacked units, or more like townht 71es. Mr. Lee
answered it was more of a townhouse development.
Assistant Planning Director Lee stated staff had visited a similar project in San Diego, and were
very impressed with the project, the architecture, and the appearance frum the street. It had a
much lower density appearance from the street because of the design.
Chair Grasser Horton asked if this would be the highest density projecl they had approved in
EastLake Greens. Senior Planner Griffin answered there were other areas in EastLake Greens
designated for a higher density, but this would be the highest the Commission had seen.
This being the time and the place as advertised, the public hearing was opened.
No one wishing to speak, the public hearing was closed.
Commissioner Carson asked why 11 wasn't selected for development instead of 12.5. Mr.
Griffin answered that when the EastLake Greens SPA Plan was adopted, the target yield was
exactly at 146 units. Although the target yield could be reduced, the DRC felt the density
worked well with that type of project.
MS (Casillas/Martin) that based on the findings contained in Section "D" of the report,
recommend that the City Council approve the tentative subdivision map for Cambridge at
EastLake Greens, Chula Vista Tract 91-5, subject to conditions 1 through 26, with the change
suggested by staff to condition 26.
Commissioner Tugenberg stated he was voting against the project because he felt there were too
many units.
Commissioner Carson commented she felt there should be more open space; too dense.
Commissioner Grasser Horton said she would vote for the project since it targeted the lower end
of the range of the medium residential density. The higher density projects in EastLake Greens
were selling very well compared to the overall San Diego market.
VOTE ON MOTION:
5-2 (Commissioners Carson and Tugenberg voting against).
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DRC-91-62 '.~~!; .t~.,~_LJ:_as.tLake Greens
2.u,!.t.wes t corner of Ji9-,.t!LQQli., CO~,L'i.~
V~.J:.a and Hunte Pkwy 146 Townhomes
staff Presentation
Assistant Planner Amy Wolfe stated that an informal presentation
of this 146 townhome ?ro)ect'had been given previously, on
3/11/91. Based or, committee concerns and recommendations
regarding parking, c.,ter core linkage. pedestrian walkways, and
visual corridors bet~'~n outer units. the applicant had made
revisions for the coml'\ictee's consideration. However, staff still
had some concerns ree, , ding the site plan and presented a modified
plan proposed by stat Ms. Wolfe also recommended the inclusion
of hardscape within ~e motorcourt area and modification of
fencing to incorpor&. either a 2 ft. high base wall along its
full length, and/or .- lasters placed at 10 ft. intervals. Also,
since a lighting pl~ ~ad not been submitted, one should be
brought to staff fee ,pproval,
Associate planner ,: ui~. Hernandez noted that staff was also
recommending flat cone!'",te tile roof for the project rather than
asphalt shingle.
Staff recommended apploval of this project subJect to the
conditions listed i~ she staff report,
Applicant Response/Dlscussion
steve stock, of Odm2[K & Thielen, stated that grading will affect
site plan implement~~lon per the staff sketch, but that he other-
wise agreed with st"ff's modifications/refinements to the site
plan. He agreed wit!. "taff conditions a-g, and said that he would
submit a lighting p) a., to staff. Karen Scarborough stated that
stamped concrete co.!':: be used around the landscaping pockets
using different text.res and finishes,
Committee Response/~l scussion
Chai rperson oi 1 man ":" "., t i oned the placement of parking spaces in
view corridors. Mr. E'ock stated that those spaces could be moved
elsewhere. Gilman a l:'.0 noted that fencing must be 5' uninter-
rupted, but that s)'? 1 :ke the use of pilasters as an alternative.
Member Spethman as,,,,,d i.ow the stepping stones would be set; Ms.
Scarborough said that ,he elevation was flat. Upon more
discussion of the harj,caping, Ted Odmark said that they preferreci
not to draw attenticn to the motorcourts, and that different
concretes were more dlfficult to integrate. He invited staff to
visit a prototype of what they were proposing. Gilman noted that
residents would be s(endinng more time at the motorcourts than at
their front doors. ~owever, she felt that the hardscape issue
could be handled at 3taff level. Upon a request for clarificatior
from Ms. Wolfe, she lndicated that more than just accents aroune
the planters was needed.
....
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MSUC (Gilman/Alberti) (3-0) ~o approve the project, subject to
staff conditions with the fo:lowing modifications:
f - Pool fence design sh811 be modified to incorporate a 2
ft. high base wall a 0ng Its full length and/or 2'x2'x5'
high pilasters per Ea2tlake Greens fence design guidelines.
Spacing of pilasters ~~d design solution shall be submitted
to staff for final r~Vlew and approval.
g - Samples and specifications of decorative paving material
as well as the layo~t p.ttern shall be submitted to staff.
j - Finish materials s~&II specify flat concrete tile roofs.
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ODMARK & THELAN
July 3, 1991
Honorable Tim Nader, Mayor
Members of the City Council
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
Re: Agenda of July 9, 1991
Cambridge at Eastlake Greens
Dear Mayor Nader and Members of the City Council:
We are the developers of the referenced project which consists of
146 2-story townhomes within Eastlake Greens. Over the past
approximately 7 months, we have been working very closely with
your staff, Design Review Board and others On bringing forward a
project which meets all City requirements. For your information,
we found the constructive input of your staff and Design Review
Board to be most helpful in making our project, in the final
analysis, a better project.
The project comes before you with the full staff support, as well
as recommendations of approval by the Design Review Board and
Planning Commission. While we are not aware of any outstanding
issues, should you have any questions, please let us know.
We are enclosing some background information on our company and
some of our past projects so that you may have a better
understanding of our standards as to design and quality of
development. Also enclosed is a photograph of the original
Cambridge project which is located in the La Jolla Village Square
area and which is the prototype for the project before you.
We are very much looking forward to being a part of your city.
Sincerely,
ODMARK & THE LAN
Av?
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. V' /A v'L----
ohn D. Thelan
Ted P. Odmark
J(Q'-33
lOlD University Avenue, Suite 201. San Diego, California 92103. (619) 291.7300. FAX (619) 291-9115
RECENT RECOGNITION OF ODMARK & THELAN PROJECTS
Uptown District:
1988 President's Award of Excellence
(Landscape Architecture),
San Diego Chapter, American Society of
Landscape Architects;
1990 Commercial & Industrial Council
Best Mixed Use Project;
1990 Orchid Award, Urban Planning,
Orchids & Onions, San Diego County Chapter:
American Institute of Architects (AlA),
American Planning Association (APA) ,
American Society of Interior Designers
(ASID) ,
American Society of Landscape Architects
(ASLA) ,
Association of Environmental Planners (AEP) ,
American Institute of Graphic Artists (AlGA);
1990 Professional Builder Magazine
Feature Performance Award;
1990 Cover Story in the June 1990 issue
of the Urban Land Institute's "Urban Land"
Magazine;
1990 Feature Story in October 1990 issue of
Architectural Record Magazine;
Columbia Place:
1989 Pacific Coast Builders Conference
Best In The West, Gold Nugget Award,
Best Residential Project - Medium to High
Density;
1990 Urban Land Institute Award for
Excellence for Small-Scale Residential
Development; (This is the only project in San
Diego that has received such recognition by
the Urban Land Institute);
1990 Orchid Award, Urban Planning,
Orchids & Onions, San Diego County
AlA, APA, ASID, ASLA, AEP, AlGA
Cambridge Terrace: 1989, Awarded First Place,
Multi-Unit Residential Project category,
California Landscape Contractors Association
J5-31
DEVELOPMENT EXPERIENCE OF OOMARK 8r THELAN PRINCIPALS
PROJECT NAME DATE LOCATION DEVELOPMENT CONCEPT SIZE/LAND USE ROLE
Cambridge at Eastlake Current Chula Vista Low-rise Condos 146 Townhouses BuilderlDeveloper
The Boulders Current Alpine Single Family Subdivision 84 Single family homes BuilderlDeveloper
Broccato at Batiquitos Shores Current Carlsbad Single Family Subdivision 72 Single family homes BuilderlDeveloper
Esprit 1989/90 Mira Mesa Low-rise Rentals 108 Units/Multi-family BuilderlDeveloper
WaterMark 1989/91 Downtown, San Diego Mid-rise Condos 96 Units/Multi-family BuilderlDeveloper
Uptown District 1987/89 Hillcrest Mixed Use 143,000 sq_ ft Commercial Builder/Developer
318 Units/Multi-family
Columbia Place 1987/88 Downtown, San Diego Mid-rise Condos 103 Units/Multi-family BuilderlDeveloper
Cambridge Terrace 1987/88 Univ_ Towne Centre Low-rise Condos 108 Units/Multi-family BuilderlDeveloper
Bonita Valley 1986/87 Bonita Low-rise Rentals 184 Units/Multi-family BuilderlDeveloper
~ Cambridge 1979/80 La Jolla Low-rise Condos 96 Units/Multi-family BuilderlDeveloper
Park Place 1979/80 Mission Valley Low-rise Condos 144 Units/Multi-family Builder/Developer
\
b'{ Gateway 1980/81 Univ. Towne Centre Mid-rise Office 6 story/160,000 sq ft Concept, Land Use,
Design through Bldg
Permit, Sold to Bren
Playmor Bernardo 1979/80 Rancho Bernardo Low-rise Condos 204 Units/Multi-family Builder/Developer
The Orchard 1978 Midway Area Low-rise Rentals 563 Units/Multi-family BuilderlDeveloper
for Seniors
Playmor Terrace 1977/78 Univ. Towne Centre Low-rise Condos 392 Units/Multi-family Builder/Developer
Friars Pointe 1979 Friars Rd. Low-rise Rentals 189 Units/Multi-family BuilderlDeveloper
Mission Playmor 1976 Mission Valley Low-rise Condos 200 Units/Multi-family BuilderlDeveloper
Eastgate Village 1976 Univ_ Towne Centre Low-rise Rentals 157 Units/Multi-family Builder
Perez Acres 1975 Yigo, Guam Low-rise Condos 200 Units/Multi-family Builder/Developer
Quest 1974 Mira Mesa Low-rise Condos 200 UnitslMulti-family Builder/Developer
Playmor La Jolla 1973 Univ. Towne Centre Low-rise Condos 220 UnitslMulti-family BuilderlDeveloper
Rancho Rios 1972/75 Chula Vista Low-rise Condos 524 UnitslMulti-family BuilderlDeveloper
NOTICE OF PUBLIC HEARINGS
BY THE CITY PLANNING COMMISSION AND CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE CITY PLANNING
COMMISSION AND CITY COUNCIL of Chula Vista, California, for the purpose of
considering a tentative subdivision map known as Cambridge at EastLake Greens,
Chula Vista Tract 91-5, located at the southwest corner of Hunte Parkway and
North Golf Course Vista Drive and submitted by Odmark & Thelan. The applicant
proposes to develop a 9-10t condominium project consisting of 146 units on
11.68 acres and make all required public improvements. A copy of the
tentative map is on file for inspection in the office of the Planning
Department. Any petitions to be submitted to the Planning Commission must be
recei ved by the Pl anni n9 Department offi ce no 1 ater than noon of the heari ng
date.
SAID PUBLIC HEARINGS WILL BE HELD BY THE CITY PLANNING COMMISSION on
Wednesday, June 26, 1991, at 7:00 p.m., and BY THE CITY COUNCIL on Tuesday,
July 9, 1991, at 6:00 p.m. Both hearings will be held in the Council
Chambers, Public Services Building, 276 Fourth Avenue, at which time any
person desiring to be heard may appear.
DATED: June 7, 1991
CASE NO. PCS-91-5
,
~a;c7 R~etarY
Chula Vista Planning Commission
WPC 9267P/1644P
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Odmark and The1an
1010 University Ave., Ste. 201
San Diego, CA 92103
O'Day Consultants
7220 Avenida Encinas, Ste. 206
Car1sbad, CA 92009
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Attn: Georqe O'Day
COUNCIL AGENDA STATEMENT
Item ').k
Meeting Date 7/9/91
ITEM TITLE: Publ ic Hearing: Review of Conditional Use Permit PCC-90-42;
South Bay Community Services Casa Nuestra Shelter at 1515
Hilltop Drive - City initiated
Resolution /(P')..1f7 ~enf'ing PCC-90-42
SUBMITTED BY: Director of Planning ~.
REVIEWED BY: City. Manager~" (4/5ths Vote: Yes___No-!-)
Ii Council Referral No. 2060
On July 10, 1990, the hul a Vi sta City Council unanimously approved
Conditional Use Permit PCC-90-42 (Resolution No. .15708) permitting the
utilization of an existing 2,900 sq. ft. single family dwelling at 1515
Hi 11 top Dri ve as a eight-bed shelter for runaway and homel ess youth between
the ages of 12 and 17 years.
The project was approved subject to several conditions, one of which
establishes the term of the permit at one year and which calls for a six-month
review by Council with notice to neighbors within 1,000 ft. of the site and
signators of a petition in opposition which was submitted when the project was
originally considered. The shelter did not open until late November 1990, so
the six-month review has been delayed until this time.
RECOMMENDATION:
order to provide
Condition #5 of
follows:
That Council adopt the resolution amending PCC-90-42 in
for staff review and renewal in six months (January 1992).
PCC-90-42 (Resolution # 15708) to be amended to read as
"This conditional use permit shall expire on January 8, 1992, subject
to review and extension by the Zoning Administrator. Notice shall be
given to all properties within 300 ft. plus any residents that
submitted 1 etters or spoke at the six-month revi ew. The deci si on of
the Zoning Administrator may be appealed directly to the City Council,"
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Resolution 15708, attached hereto, lists the following conditions of approval:
1. The facil ity shall serve no more than eight children at anyone time.
There shall be at least one qualified staff person on the site and awake
at all times.
2. The children shall be properly supervised at all times and shall not be
allowed to loiter in the front yard or within the neighborhood.
Activities within the dwelling and on the grounds shall not be allowed to
create a noise disturbance to surrounding residents.
u-/
Page 2, Item 21e
Meeting Date 7/9/91
The building and
appearance, and
neighborhood.
4. Applicant shall conduct a vigorous screening process and limit the
occupancy by the children to abandoned and abused children. Children
with any background or history for violence, alcohol abuse or drug abuse
shall be precluded from occupancy at the premises.
grounds shall be maintained in a neat and orderly
in good repair, consistent with the surrounding
3.
5. The term of this conditional use permit shall be for one (1) year and the
performance of the appl icant in meeting the conditions herein specified
shall be reviewed by the Council six (6) months from the date of issuance
herein. All neighbors previously signing the petition in opposition and
all neighbors within 1,000 feet of the premises shall be notified of the
review hearing at the six month interval and any application for renewal.
6. Failure to comply with the conditions of approval or complaints from
surrounding residents shall constitute grounds for review and possible
revocation of the permit.
The hcil ity has been in operation since November 25, 1990. Staff reviewed
the appl icant's performance in meeting the conditions of approval by way of
site inspections, interviews with the program director, and from input
solicited in writing from the surrounding property owners and petitioners
(please see attached letter).
The City received a total of six letters of concern in response to the request
for input (please see attached). Four of the letters are from residents that
apparently are not aware the facility is already in operation. These letters
expressed concerns with the "proposal" in terms of the potential for
depreciated property valves, the safety and security of surrounding residents,
and the establ ishment of another commercial enterprise in the neighborhood.
The two other letters were both from adjoining residents, and referred to
specific incidents related to a lack of supervision, including shouting and
arguing late at night, and loitering in front of the facility during the day.
Staff found the dwelling and grounds to be orderly and well-maintained. In
response to the concerns raised by the two adjoining residents, the program
director acknowledged that several problems were identified early-on and have
been or are now being addressed. Staff of the facil ity was upgraded in
February, and the following measures have been implemented since that time:
A new full-time staff person has been added for the period between
9:00 a.m. to 5:00 p.m. The house was previously unoccupied and
locked between 9:00 a.m. and 3:00 p.m. while the children were away
at school or at work. If a child returned unexpectedly during these
hours they would have to telephone the program offices (from the
nearest pay phone) and wait outside the facility until someone
arrived to let them in and remain to supervise-- thus the prior
problem with loitering out front.
2(, . z.
Page 3, Item ~
Meeting Date 7/9/91
In order to address the problem of occasional late-night noise and
activity, the program .director has instituted a new set of house
rules which provide more specific guidelines for behavior and more
specific sanctions if those guidelines are violated. Also, a staff
member now makes bed checks every ten minutes throughout the
night--l ights-out is 11 :00 p.m. There is always a staff member
on-site and awake at all times (a copy of the resident handbook is
attached hereto).
Both .if the adjoining residents that raised concerns were subsequently
contacted by City staff to determine if these new measures have been
successful in addressing their concerns. The resident at 1514 Jasper
indi cated a continued concern with late night noi se (scrapi ng) and 1 ights in
the rear yard. The resident at 1525 Hilltop stated that the majority of
problems have been addressed, but indicated other concerns with the
maintenance of the grounds, early trash set-out, and having their driveway
blocked on at least one occasion.
The program director states that the 1 ight is probably a floodl ight on the
side of the house and the scraping noise may be the occasional weight training
that occurs on the rear patio. According to the director, the 1 ight will
henceforth be turned-off overnight and the weight training will be restricted
to the earlier evening hours. The other concerns with early trash set-out and
interference with the driveway will also be addressed, according to the
director.
CONCLUSION:
The problems which surfaced in the first few months of operation have been
addressed and resol ved with the new and expanded staff and the new house
rules. Staff found the dwelling and grounds to be neat and well-maintained.
The program director has stated that they will immediately address the
remaining issues raised by the neighbors.
For these reasons, we are recommending that the permit be extended to January
8, 1992 (approximately one-year of operation) with renewal subject to
consideration by the Zoning Administrator. Notice would be restricted to 300
ft., plus all of those who have submitted letters or who speak at the Council
hearing. Appeal of the Zoning Administrator's decision would be directly to
the City Council.
FISCAL IMPACT: Not applicable.
WPC 9357P
2J, -3
RESOLUTION /(, tLJ 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING RESOLUTION 15708 REVISING
CONDITIONS OF APPROVAL ON CONDITIONAL USE PERMIT
pcc-90-42
The City Council of the City of Chula Vista does
hereby resolve as follows:
WHEREAS, on July la, 1990 the Chula vista City
Council unanimously approved Conditional Use Permit PCC-90-42 by
Resolution No. 15708, permitting utilization of an existing 2900
square foot single family dwelling at 1515 Hilltop Drive as an
eight-bed shelter for runaway and homeless youth between the ages
of 12 and 17 years; and
WHEREAS, pcc-90-42 included a condition requiring
Council review within six months, and
WHEREAS, on July 9, 1991 the City Council conducted
a duly noticed public hearing to review the performance of the
conditions set forth in PCC-90-42; and
WHEREAS, Sou th Bay Communi ty Services,
of PCC-90-42 has substantially complied with all the
established therein
the holder
conditions
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Chula vista that condition #5 of PCC-90-42 as set
forth in Resolution No. 15708 is amended to read as follows:
"This conditional use permit shall expire on January 8,
1992, subject to review and extension by the zoning
Administrator. Notice shall be given to all properties
within 300 ft. plus any residents that submitted letters
or spoke at the six-month review. The decision of the
zoning Administrator may be appealed directly to the City
Council."
Presented by
Approved as to form by
Robert Leiter
Director of Planning
D. t~~;~t<Nq,
Assistant City ~ tney
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1514 Jasper AV
Chula Vista
CA 91911
03/13/91
Ref (PCC-90-42 )
Dear Amy Wolfe,
In reply to your letter dated March 4, regarding the single family residence
at 1515 Hilltop Dr,
'The conditions are not being met. We have had teens loitering out front shouting
-It:, friends across the street.
(be night at 1pn they were running around, screeming and shouting,
jumping in and out of windows. WHERE WAS THE STAFF.
One of the teens could not gain entery, so she went to a neighbours to use the bathroan and
the phone. WHERE WAS THE STAFF.
CLCYl'HS have been tossed onto the roof, when brought to the staffs attention, they were not at all
pleasant.
NO CDNDITIONS FOR THE :?ERMIT ARE NOr BEING MET.
Yours Sincerely
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C1lY OF
CHUlA VISTA
PLANNING DEPARTMENT
Dear Sir/Madam:
The Chula Vista Planning Department is currently reviewing the performance of South Bay
Community Services in meeting the conditions of approval specified in Resolution Number
15708, as amended and adopted by City Council on July 10, 1990.
The Planning Department would like to obtain your input in order to identify any issues
associated with the approved use, to utilize the existing single-family residence at 1515 Hilltop
Drive as an eight-bed shelter for runaway homeless youth between 12 and 17 years of age.
The Conditional Use Permit (pCC-90-42) conditions of approval are as follows:
1. The facility shall serve no more than eight children at anyone time. There shall be at
least one qualified staff person on the site and awake at all times.
2. The children shall be properly supervised at all times and shall not be allowed to loiter
in the front yard or within the neighborhood. Activities within the dwelling and on the
grounds shall not be allowed to create a noise disturbance to surrounding residents.
3. The building and grounds shall be maintained in a neat and orderly appearance, and in
good repair, consistent with the surrounding neighborhood.
4. Applicant shall conduct a vigorous screening process and limit the occupancy by the
children to abandoned and abused children. Children with any background or history for
violence, alcohol abuse or drug abuse shall be precluded from occupancy at the premises.
5. The term of this conditional use permit shall be for one (1) year and that the performance
of applicant in meeting the conditions herein specified shall be reviewed by the Council
six (6) months from the date of issuance herein. All neighbors previously signing the
petition in opposition and all neighbors within 1,000 feet of the premises shall be notified
of the review hearing at the six month interval and any application for renewal.
6. Failure to comply with the conditions of approval or complaints from surrounding
residents shall constitute grounds for review and possible revocation of the permit.
Please submit any written correspondence to the Chula Vista Planning Department prior to
March 15, 1991.
Dated: March 4, 1991
Case No. PCC 90-42
~~td~
Assistant Planner
.~~
~/ -PsC~~)) ~'IJ-
~ ...-.;- 276 FOURTH /cl-iuLA VISTA CAliFORNIA 91910116191 691-5101
RESIDENT HANDBOOK
south Bay community Services is a community based agency with a
wide range of psychological, educational, vocational, emergency
shel ter care, and chi I care services. SBCS provides Individual,
Family, Group, and Multi-family group counseling; Juvenile
Diversion programs; Tutoring and Literacy programs; Training for
Job Readiness; 24 Hour Runaway Hotline and short term Foster beds ;
an After School program for grammar school age children.
The purpose of the organization is to reinforce the family's role
in the community and to assist youth to aspire realistically to
lives of self fulfillment through the goals of providing prevention
programs, crisis counseling, shelter care, and reunification
services in a bi-lingual (Spanish-English), bi-cultural setting.
Casa Nuestra is a shelter for eight runaway and homeless youth
between the ages of 12 and 17. Everyone accepsed at Casa Nuestra
win work with a Primary Counselor and a group of resldential
counselo~s. with these people, you will work on e~pressing your
feelings and understanding special skills that will help you get
along with others at Casa Nuestra, friends and even your family
members. Our goal is to reunite you with your family or find an
appropriate and pleasant alternative placement. This situation is
kind of like a family, everyone needs to work together on basic
responsibilities to be effective.
Together we will all work to understand and care about each other
and to grow to become the best people we can.
HOUSE RULES
Since there are many of us living together at Casa Nuestra, it is
important for everyone to take responsibility for their actions.
Everyone is expected to follow the rules and to make sure others do
the same. Our behavior effects those around us and when we care-
about someone, we want them to know how we feel. Residents are
encouraged to express their feel ings in appropriate ways. Casa
Nuestra is a safe place, therefore, anyone who is violent to
themselves or others and residents who continually break rules,
will be dismissed from the program. Breaking one of the 6 major
rules may result in immediate dismissal! Therefore, it is
important that you learn the rules.
RULES/POINT-LEVEL SYSTEM
There are a lot of residents at Casa Nuestra at one time, and
everyone is in a different situation. In order to help with your
success, we have a point and level system. There are several
levels: Level I, Level II and Level III. In the next few pages,
you will find a description of each level.
~..I('
CASA NUESTRA RULES
~. NO VIOLENCE OR THREATS
PROPERTY.
*Reason: Everyone needs to
*Consequence: Restriction
**NO WEAPONS: All weapons will be
permanently.
OF VIOLENCE TO OTHERS.
YOURSELF
OR
reel sare, violence is hurtful.
or dismissal from the program.
taken away, illegal ones
2. NO DRUGS. ALCOHOL OR DRUG RELATED ITEMS.
*Reason: Drug and alcohol use can be self-destructive. It
also keeps people from paying attention to their
reasons for staying at Casa Nuestra.
*Consequence:
If you use drugs or alcohol while involved
in tne program you will be dismissed. If
you are involved in someone else's use~ you
may be ~esteci for drugs ana be placed on
restriction.
3. NO STEALING OR OTHER CRIMINAL ACTS (like gambling)
* Reason: Stealing is against the law, causes mistrust and
hurts people.
* Consequences: Restriction or dismissal.
4. NO PHYSICAL CONTACT: This includes any sexual contact.
roughhousing and general touching.
* Reason: People orten do not understand what is meant by
certain types of touching. Some physical contact
is used to suggest sexual feelings. Because so
many different people live here, we ask that
residents refrain from physical contact, except
in appropriate activities.
* Consequences: Restriction or Dismissal.
NOTE: People often choose to make this rule a big issue. People
are here to work on their personal problems and feelings.
That is why we ask that you express your feelings in words
rather than actions.
5. NO RUNNING AWAY OR LEAVING WITHOUT PERMISSION.
* Reason: Cas a Nuestra is responsible for your whereabouts.
* Consequence: Restriction or dismissal.
6. SMOKING ONLY ON THE FRONT PORCH AT SPECIFIED TIMES.
* Reason: Fire laws, 3cheduliug.
* Consequence: Loss of privileges for the person round
smokin.g. Group pri vi 1 ege 1 ass for 24 hours.
*NO BORROWING OR LENDING CIGARETTES.
*NON-SMOKERS MAY NOT BEGIN SMOKING AT CASA NUESTRA.
tJ,... 17
*aSED CIGARETTES IN BUTT CANS ONLY.
*'rEE ABOVE CONSEQUENCES WILL OCCUR IF ANY SHaKING RULES i"-R.E BROKEN.
7. NO SWEARING OR VERBAL ABaSE.
* Reason: Manners. Verbally abUsing others is aggressive
and hurtful.
* Consequence: LoSS of privileges/or low points earned.
8. NO TATTOOING, WRITING OR CUTTING ON SKIN. NO ~~DICAL HAIR
CS"'..NGES.
* Reason: Health laws and positive personal care.
* Consequence: LosS of privileges or restriction.
NOTE: Because there are a lot of expectations from parents,
(prObation officers .and social workers) we ask that. the
way people look when they come to Casa Nuestra remains
the same until they leave.
.9. RESIDENTS MUST ATTEND ALL SCEOOL/WORK, GROUP ACTIVITIES,
CEORES ~..ND COMMUNITY ~~ETINGS. RESIDENTS ~~E EXPECTED TO.
KEEP A POSITIVE ATTITUDE.
* Reason: We all need to work together to make Casa Nuestra
successful.
* Consequence: LosS of privileges, restriction or
dismissal, level drag.
*NOTE: RESIDENTS MUST BE ENROLLED AND ATTENDING SCEOOL,
TRl'..NSFERRU1G SCHOOLS OR WORKING FULL-TI}I~.
10. NEED. PERMISSION TO GO IN OFFICE AREA. .
* Reason: Privacy and Confidentiality.
* Consequence: LasS of privileges; less.points earned.
'-
11. NEED STAFF PE~'iISSIoN TO BE IN ANOTEER RESIDENT'S ROOM..
* .Reason: Privacy-and appropriata b~~ta=ies.
* Consequence: LosS of privileges, .less earned points.
12. FOOD ALLOWED IN DINING ARE-'I. AND KITCHEJ.'I ONLY (INCLUDES STORAGE
OF ANY FOODS).
* Reason: We need to keep the house clean and free of bugs.
. * consequence:. LoSS of snack privilege, lower earned
. . points.
13. RESIDENTS MUST SIGN OUT WHEN LEAVING.
* Reason: Safety and responsibility.
* Consequence: LoSS of check out privilege.
1~. TOLL CALLS MUST BE }I~E COLLECT.
* Reason: Expensive to program.
* Consequence: LoSS of phone privileges.
15. NO BALL PLAYING INDOORS.
* Reason: Safety.
*'Consequence: LesS earned points.
:z(, .. If
....
16. BEDROOMS WILL BE ASSIGNED BY STAFF.
17. PICTURES AND POSTERS MAY BE PLACED ON THE BULLETIN BOARDS ONLY
AND MUST BE APPROPRIATE.
*Reason: House upkeep and image.
*Consequence: Full points won't be earned, must pay damages.
18. TV AND RADIO ALLOWED AFTER ALL CHORES ARE SIGNED OFF AND R.C.
HAS ANNOUNCED FREE TIME.
*Reason: Everyone needs to focus on responsibilities
without distractions.
*Consequences: Loss of radio for 24 hours.
19. NO NOTE PASSING.
*Reason: Note passing is secretive. closed
communications. A lot of times very negative
things happen when people are secretive.
Everyone is encouraged to be open and honest.
*Consequence: Read note to group or discovery.
*Consequence:
TO BE QuIET AFTER LIGHTS OuT.
Respect for other residents, positive personal
care.
Full points won't be earned, early room time
the next night.
20.
RESIDENTS ARE
*Reason:
21. ALL RESIDENTS MUST RETURN TO THE HOUSE BY 5:30 UNLESS OTHER
ARRANGEMENTS HAVE BEEN MADE.
22. SCREENS MUST BE ON WINDOWS AT ALL TIMES.
OFF SCREENS THERE WILL BE CONSEQUENCES.
23. PROBATION AND CPS RESIDENTS WILL NOT BE ELIGIBLE FOR PASSES
(INCLUDING FAMILIES), UNTIL RESIDENT HAS BEEN THERE FOR A WEEK
OR LONGER.
IF RESIDENTS TAKE
24. IF RESIDENTS DO NOT COMPLY WITH HOUSE RULES AND CHORES MAY BE
ASKED TO LEAVE PROGRAM.
25. WHEN MALE STAFF ARE WORKING RESIDENTS MUST CHANGE CLOTHES IN
BATHROOM.
*Reason: To ensure safety of residents by staff's
ability to enter room after one warning knock.
26. NEW ITEMS BROUGHT INTO HOUSE MUST BE ADDED TO INVENTORY
SHEET. ANY ITEMS NOT ON INVENTORY SHEET WILL BE TAKEN BY
STAFF TO ASSIST CLIENTS WITH INAPPROPRIATE BEHAVIOR.
~-~
LEVEL I
Bedtime: 9:30pm Lights out 10:00pm
Pass: 1 hour per week (with supervision)
Choose weekly house chores after Levels II and III
No TV and radio
No evening or weekend outings
Daily journal
Allowance: $1.50
LEVEL II
Bedtime: 10:00pm Lights out 10:30pm
Phone: 3 social/personal calls
choose weekly house chores after Level III
Journal 3 times a week
TV and radio
off grounds activities
Passes: 3 hours per week with supervision
Allowance: $2.50
LEVEL III
Bedtime: 10:30pm Lights out 11:00pm
phone: 5 social/personal calls 50 min/3 calls 15 minutes
Choose weekly house chores
Journal 1 time per week
Increased TV
Passes: 1-3 hours per week without supervision
Allowance: $5.00
RESTRICTION
This gives you the opportunity to think about yourself and your
actions. Also you will consider your choices and reasons for these
as well as review your alternative choices.
You may be restricted if:
-you break a major rule
-continually have a bad attitude and act uncooperatively
-don't follow house rules
Restriction is defined as the loss of all privileges, no visitors,
radio, tv., phone calls (social/personal) and no activities. There
will be 1 cigarette break only at the residential counselor's
discretion. The residents will be restricted to their rooms at all
times except for meals, chores and community meetings. Residents
will be required to:
-clean room thoroughly
-complete journal entry and share with residential counselor
regarding what happened. why and what could have been done
differently.
:;fp.,t.t;
,
SNACK POLICY
AM/AFTERNOON FREE TIME: Residents may eat healthful snack
provided by the program and other snacks that you have purchased
with staff permission and in permitted area only.
PHONE POLICY
* Residents must record all phone calls on their phone log and all
calls will be dialed by a staff.
* social calls can be made after 5 pm on weekdays and after 4 pm on
weekends, during free time periods. All calls end at 9:30 pm
unless the RS says otherwise.
* All calls will be limited to 10 minutes.
* The number of phone calls any resident makes is set by the level
system. READ IT!
SMOKING POLICY
"
.
We do not encourage smoking at Casa Nuestra, so if you come to Casa
Nuestra as a non-smoker you may not smoke while here. If you do
smoke we ask you to give your cigarettes to the R~; who checks you
in. They will be kept in a drawer and given to you at smoke
breaks. Smoking may only be done at breaks at the designated area.
please use the trash can provided for matches and butts. There
will be one cigarette at each break.
CIGARETTES
6:30 am
9:00 am
,11:00 am
1:00 pm
4:00 pm
6:45 pm
9:00 pm
weekdays
weekends
weekends
weekends
Mon - Sun
Mon - Sun
Mon - Sun
TRANSPORTATION
The residents will use the public bus system for transportation or
counselors will provide rides in personal vehicles. Parents will
transport to doctor's and dentist and any other appointments.
VISITATION
Parents are permitted to visit residents. Visitation hours are
4-5 pm seven days per week. It is necessary to contact the
Residential counselor 24 hours prior to the visit. Exceptions to
the visitation policy should be discussed with the Residential
Counselor.
~ "'~l
APPEARANCE GUIDELINES
Many times the way a person dresses causes problems with people who
do not approve. This happens especial I y between teenagers and
adults. At Casa Nuestra, we want to respect everyone's opinion
while not adding to these problems. That is why we ask residents
not change the way they look in any drastic way while at Casa
Nuestra.
when males and females live together at
it is important to be extra careful
Therefore, we have the following rules:
a place like Casa Nuestra,
about the way we dress.
* Residents must be fully clothed at all times. Bathing suits,
pajamas, wet clothes, towels and underwear are not okay to
wear in the open living areas.
* Shirts and shoes must be worn at all times unless during a
water activity. . ~
* Tube tops, short shorts, halters and cut off shirts are not
okay. You will be asked to change and may not earn full
points.
* Shirts with drug/alcohol or negative slogans cannot be worn
while you are in the program.
* You may have your haircut at a haircut store with adult
permission. No hair dying.
* No cutting clothes without staff permission.
RADIO pOLICY
* Radios may be played during free time and preparation time
only.
* Radios are to be played at a reasonable level. If you can
stand outside your door, and still hear the sound it's too
loud.
* Radios are not to be played .outside.
* personal radios and walkmans are not to be taken out of
bedrooms.
***** If these rules are broken, the consequence will be:
- one warning
_ loss of privilege for 24 hours.
* Enjoy your music, respect other people's music.
DAMAGE POLICY
* If a resident causes damage to the house in any way, he or she
must pay for it or repair it. Everyone must respect the property
both inside and out.
* Violent damage will result in restriction or dismissal from the
program.
* Each person is responsible for their bedroom. Both roommates
will be responsible for the damage if one person fails to admit
responsibility.
~/, --.12..
T.O.' s
Target objectives are counseling assignments that help you work on
some of the issues that brought you to Casa Nuestra.
After your Intake meeting, you will be assigned your first T.O. 's.
From then on, they will be determined at the Sunday night community
meetings. Your Counselor will tell you about assignments soon
after the meeting. If you want some control in what T.O.'s are
assigned, talk to the group prior to Sunday night.
T.O.'s are always due by Sunday night.
basis. T. O. 's al ways have two parts,
share it.
Some are due on a daily
to do something and then
All T.O.'s are very serious and need to be completed in a serious
way, even though a lot of them may be reall y fun to do. ~
-
If you have any questions about T.O. 's, talk to a staff member
right away - especially your Counselor.
FEEDBACK AND POINTS
At Casa Nuestra, everyone works very hard to be the best they can
be. One way to work on that goal is to get feedback and advice
from peers and staff.
Every^night you will have the opportunity to sit down and talk with
the Rig. At that time, you will go over how the day went using a
~rint sheet and discussing areas that need improvement.
'("",,(:-- .'
The ~fint sheet is a list of assigned points for everything a
resident does during the day. Points are high when a resident
really works hard on his/her issues and becomes a leader in the
community. Points are average when a resident begins to learn the
program, learns about special skills and is beginning to work on
the issues that brought them to Casa Nuestra'(points are low when
a resident isn't working to his/her best effort, chooses to have
negative attitudes, or acts hurtful to others.
Below is a list of specific behaviors that will bring a certain
amount of points in each feed back area:
MORNING ACTIVITIES
4 - Takes a positive leadership role during morning
activities.
3 _ Room completely cleaned (vacuumed, dusted, bed made,
clothes put away). All chores done and signed off without
supervision. Showers and dresses on time and
appropriately. polite and well mannered at breakfast.
Assertive and positive with peers and staff.
j.t,..~
2 - Meets basic requirements for #3 but needs staff
supervision on chores, room, or meal time. Minor testing
but has a positive attitude with staff and peers.
1
_ Needs frequent supervision to meet basic
Has a negative or lethargic attitude.
a peer or staff interaction.
responsibilities.
Needs a major in
o - Basically, not dealing with it. Does not meet any
requirements. Aggressive or abusive interactions with
peers or staff.
MEALTIME
1
BEHAVIOR
Comes to the table on time, eats only after everyone is
seated, polite and well mannered, asks before leaving the
table.
w
,
o -, Poor manners or disruptive.
AFTERNOON ACTIVITIES
4 - Takes a leadership role during activity and free time.
Cooperates with teachers and staff, completes all
schoolwork on time. No disruptions throughout the
afternoon.
3 - Completes all work on time and is appropriate and active
during recreation and free-time.
2 - Needs minor reminders on classroom actions but completes
work on time. Appropriate during activity but needs
encouragement to be involved.
1 - Lacks motivation during afternoon activities, needs limits
set to be fully active.
o - Refusing to participate, isolates from others, extended
roomtime needed.
INTERACTIONS WITH PEERS
4 Shows a high level of caring and empathy for others while
openly dealing with personal issues. Assertive and
supportive with others, starts contact. Openly expresses
feelings and confronts peer negativity. A truly positive
leader.
3 - Shows some leadership skills including all of the above
things, but not all the time. No inappropriate behavior
with others.
2 - Beginning to show assertiveness and leadership skills and
is learning empathy for others. Beginning to express
feelings and deals openly with others. Participates more
with the group.
~.~~
1 - Rarely makes real contact with others and isolates
self. Rarely confronts negativity and chooses not to
practice assertiveness skills. Rarely deals with issues.
o - Not honest with others, does not begin to deal with
issues. Usually aggressive or passive with others.
Refuses to participate appropriately, abusive, negative,
lying, manipulative. Negative leader.
STAFF INTERACTIONS
4 Shows a high level of trust with staff, supervision not
needed to work in the program. Works extra hard in
dealing with personal issues. Totally responsible. Open
with staff, respectful, assertive, meets staff requests.
3 - Meets requirement for number 4, but staff or other need to
begin most contact. w ~
2 - Some testing through actions or words, distant from staff.
1 - Avoids contact with staff, aggressive at times.
o - out of control and aggressive towards staff.
RULES
3
AND LIMITS
_ Follows all rules and limits and encourages others
the same. Responds positively to staff requests.
to do
2 - Follows all rules but minor testing at times.
1 - Some testing of limits - minor rule breaks.
o - Frequently breaks rules, uncooperative with staff.
COMMUNITY MEETING
.2 -Ontime,
skills.
actively participates, uses empathy and social
Respectful, focused, no disruptions.
. .
1 Participates only when called upon, not active in group,
doesn't focus or minor distractions.
o - Distractive, .aggressive, asked to leave meeting.
HOUSE JOBS
2 - Done correctly and on time.
1 - Some supervision needed.
o - Chore not done appropriately.
~-~~
PERSONAL OBJECTIVES
2 - Works to meet daily and long term goals. Works hard to
meet program requirements throughout the day. completes
T.O.'s openly.
1 - Needs encouragement to work on goals and T.O.'s.
o - Avoids issues, goals and T.O.'s.
.
~
M~~~
CASA NUESTRA
EARLY DEPARTURE PROCEDURES
PLANNED
when Casa Nuestra program appears inappropriate, the youth becomes
seriously ill or is not benefiting from services for some other
reason, the counselor may coordinate an early departure. Outside
referrals should be given and arrangements made for aftercare
through Casa Nuestra if appropriate.
ACTING OUT REMOVAL
'--There will be automatic dismissal if: residents engage in sexual
activity with another resident; physical violence; use of drugs or
alcohol.
1.-
2 .
3.
Consult with the assigned counselor or Clinical
Coordinator/Program Coordinator if possible. RC is
responsible to decide in the absence of consultation.
Contact the parents to transport the youth.
If parents are not available, contact the police. In
an emergency call 911. Give them the address and phone
number of Casa Nuestra and describe the situation. The
willingness of the police to remove a youth depends on
the individual officer's perception of the situation.
If the police refuse to assist and the youth is
uncontrollable or poses a danger, ask him/her to leave
the premises. Call the police again if the youth
refuses and the danger escalates. Sometimes a call to
Juvenile Hall or Hillcrest Receiving Home to verify
their willingness to accept the youth will assure the
officer's cooperation.
Make notations in client case record.
4.
Probation/Department of Social Services clients
1. Contact the assigned worker/officer as soon as
difficulties begin and request an intervention. If
early departure is decided, request that the placement
worker arrange for removal. If the worker is
unavailable, speak to the supervisor or duty worker.
2. If the above does not work and removal is necessary,
contact the police as outlined above.
3. File a Special Incident Report with Licensing. Make
any other important notations in case record.
HOSPITALIZATION (Suicidal/Psychotic)
1. When it is determined that the level of risk is severe
enough to warrant removal from the program (client is
a danger to self and/or others), the youth's parents
will be informed of the situation and assisted in
arranging for the youth to be hospitalized,
~-~7
2. If the youth has no parents or the parents are
uncooperative, CPS will be contacted to authorize
hospitalization. In an emergency call 911.
3. To hospitalize (before 4:30 pm)*, call County Mental
Health (CMH) Lorna Portal Adolescent unit (692-8436)
and ask for the Intake Worker. Be prepared to give
demographic information such as name, age, sex, etc.
4. Request police to transport to the CMH unit if parents
are unavailable or situation is too dangerous. (A
person who is a danger to self or others may be
hospitalized involuntarily for 72 hours observation.
This can be initiated by any adult, and authorized by a
peace officer; or hospital personnel of an evaluation
facility. This is referred to as a 5150)
5. *After 4:30 pm call Hillcrest Screening (531-6363) and
ask for the psychiatrist on call (get his/her name for
our records). Be prepared to explain the need for
hospitalization.
6. Request that the police take the youth to University
Hospital (USCD Medical Center) Adult psychiatric Unit
(225 Dickinson St., San Diego) if parents are unavailable
or it is too dangerous (5150).
7. When parents are transporting the youth, they may choose
to go to a private psychiatric unit (see Roladex for
referrals), or a hospital emergency room. (Clients with
insurance may need to follow procedures or utilize
facilities specific to their insurance policies. It is
their responsibility to make arrangements and provide
transportation if they want to utilize insurance).
8. Make notations in client case record, including
appropriate collateral contact notes.
Probation/DSS
1. Contact the assigned worker/officer to inform him/her of
the situation, and request that the placement worker
arrange for removal. If the worker is unavailable, speak
to the supervisor or duty worker.
2. If the above does not work and removal is necessary,
follow the hospitalization procedure above and request
policy to transport.
3. In an emergency, call 911.
4. File a Special Incident Report with Licensing. Make any
other important notations in case record, including
collateral contact notes.
/2." .U'
DAILY SCHEDULE
6:00 A.M. WAKE-UP
6:15-8:15 SHOWER! DRESS! CHORES SIGNED OFF! BREAKFAST
8:30 DEPARTURE
8:30-4:00 P.M. SCHOOL! WORK! TUTORING & HOMEWORK
4:00
RETURN TO HOUSE! QUIET TIME! JOURNALS
4:30
FREE TIME! LAUNDRY
5:00
DI~NER PREP! PHONE TIME! HOMEWORK! NEWS TIME
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5:30 DINNER SERVED
6:00 DINNER CLEAN-UP! CHORES
6::30-7:30 COMMUNITY MEETING (MON., THURS,); GROep IT, WI
7:30-8:30 INDIVIDUAL SESSIONS (TUES" WED. l! or ACTIVITY
I-ARTS & CRAFTS, RECREATION. ALCOHOL AXD DRUG
EDUCATION, AIDS EDUCATION. INDEPENDENT LIVING
SKILLS
V,":<7
8::30 A.~!.
9:30
10:00
11: 30
I;EEKEND SCH):"DCL):"
WAKE-UP/ SHOWERS/ DRESS/ PREPARE BREAKFAST
BREAKFAST
CHORES/ SAT.: ~AJOR CLEAN-UP
COHNUNITY ~1EETING
12:00 LUNCH PREP
12: 30 P.)1. LUNCH
1:00
5:30
6:00
6:30
RECREATION ACTIVITY! FIELD TRIP
FREE TI~lE! LAUNDRY! DI)INER PREP
D BNER
DINNER CLEAN-UP/ CHORES
'w
7:00 COMMUNITY MEETING
7:30-10:00 GROUP ACTIVITY
9:30-11:00 BEDTIMES
2.f"~O
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July 8, 1991
RECEIVED
Chula Vista City Council
Chula Vista, CA 91910
"91 JlJL -8 P 2 :39
When I received the "Notice of Hearing," for this meeting, I thought this was
CITY GF Ci+j'__,,: " i.~ -; p;
a legitimate request for our approval of a proposed HoGm€tEt:~lj:ll:Hftgiect.
Wrong!
Upon my inquiry to the Assesors office, I learned that the South Bay Community
Services already owned the house and that the Planning Commission and the City
Council had already given their approval over the objection of nearly every
homeowner and taxpayer in the immediate vicinity. Some have lived here for
twenty years.
The Planning Department informed me that they have no control over who buys
property--although true, there had to have been discussions and a strong guarantee
that their request for its use would be approved before anyone would commit
themselves to investing an expenditure of some $200,000 for plans that would be
denied.
Regardless of how noble the cause you violated the R-l single family residence
zoning law and approved its use for a public juvenile housing project.
What this hearing amounts to is a Kangaroo Court proceedings. You have been
arrogant and deceptive and apparently your thinking is that the end justifies the
means.
I'm sorry to see that our government is deceiving its citizens into believing
that we have laws to guard against violations such as this.
Needless to say I strongly disapprove of the Homeless Youth Center in spite of
all the promises of 100% supervision, no alcohol or drug problems, etc. They
have problems--and there are bound to be problems or there would be no necessity
for this project.
I' ~6-3J
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d.a~ g, ~LA/
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( .; {.J -,/v .~~&""i:
June 24, 1991
RECEIVED
Chula Vista City Council
Chula Vista, California
'91 J!l. -8 P 2 :J8
Re: Hearing for Conditional Use Pennit PCC-90-42
en y o~
CITY C' Cr";,,,_
L,.;.:.nJ\ :~
We, the residents of Holiday Estates Condominium Canplex which is located
directly west of 1515 Hilltop Drive, 'WOuld like to express our opposition
to the single family residence for haneless youth which is proposed by South
Bay Community Services, Inc. for the following reasons:
1. There are 76 units in this complex and we have anywhere fran 80 to
100 youth impacting the area in what was originally designed to be
an adult complex. We already have all the youth oriented problems.
2. We have a swinrning pool and have youth climbing over the fence along
with all the other problems associated with pools.
3. Our complex is fenced but the entrances are open, We have students fran
Lorna Verde Elementary, Castle Park Junior and Senior High Schools
crossing our property with bicycles and skateboards leaving debris
and graffiti.
3. There is a liquor store directly across the street fran this property.
Why would you put youth with obvious problems in such close proximity?
4. We are desperately trying to do the best we can for the youth living
here, and we sincerely hope that you will not allow this to happen to
exacerbate the" problems.
We recognize that there may be a need for such hanes for disturbed youth, but
we think it a mistake to have one located in an area \.mich has a high density
of pecple now. It 'WOuld be our hope that such a facility might be located in
an outlying area of the county where there might be less difficulty with the
density of population and businesses which the Hilltop location 'WOuld produce.
The Home Owners Association feels that this location 'WOuld only tend to exacer-
bate the problems of these troubled young pecple as well as the difficulties
we face in our camnuni ty
Hane Owners Association
:OlidaY Estates ~nd~niL:2
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NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public
hearing to consider the following:
PCC-90-42: For the purpose of reviewing the performance of South
Bay Community Services Inc. in meeting the conditions of approval
for Conditional Use Permit PCC-90-42 permitting utilization of
the single-family dwelling located at 1515 Hilltop Drive as
shelter for homeless youth. Copies of the facilities floor plan
and site layout are on file in the office of the Planning
Department.
Copies of the related documents are on file in the Office of the Planning
Department, 276 Fourth Avenue. Any petitions to be submitted to the City
Council must be received by the Office of the City Clerk no later than noon of
the hearing date.
If you wish to challenge the City's action on this tentative subdivision map
in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written
correspondence delivered to the City Clerk's Office at or prior to the public
hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, July 9, 1991
at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
DATED: June 14, 1991
Beverly A. Authelet
City Cl erk
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL
of the City of Chula Vista, Cal Hornia, for the purpose of reviewing the
performance of South Bay Community Services Inc. in meeting the conditions of
approval for Conditional Use Permit PCC-90-42 permitting util ization of the
single-family dwelling located at 1515 Hilltop Drive as shelter for homeless
youth. Copies of the facilities floor plan and site layout are on file in the
office of the Planning Department. Any petitions to be submitted to the City
Council must be received in the City Clerk's office no later than noon of the
hearing date.
If you wish to challenge the City's action on this tentative subdivision map
in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written
correspondence delivered to the City Clerk's Office at or prior to the public
hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, July 9, 1991
at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
DATED: June 14, 1991
CASE NO.: PCC-90-42
Beverly A. Authelet
Ci ty Cl erk
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( 1515 HILLTOP DRIVE)
( PCC-90-42 )
LOCATOR
EIGHT BED SHELTER FOR
RUNA WA Y AND HOMELESS
CHILDREN
"_.~
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY
COUNCIL of the City of Chula Vista, California, for the purpose of reviewing the performance
of South Bay Community Services Inc. in meeting the conditions of approval for Conditional
Use Permit PCC-90-42 permitting utilization of the single-family dwelling located at 1515
Hilltop Drive as shelter for homeless youth. Copies of the facility's floor plan and site layout
are on file in the office of the Planning Department. Any petitions to be submitted to the City
Council must be received in the City Clerk's office no later than noon of the hearing date.
If you wish to challenge the City's action on this Conditional Use Permit in court, you may be
limited to raising only those issues you or someone else raised at the public hearing described
in this notice, or in written correspondence delivered to the Planning Commission at or prior to
the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, June 25,
1991, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at
which time any person desiring to be heard may appear.
DATED: June 12, 1991
CASE NO. PCC-90-42
Beverly Authelet, City Clerk
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CllY OF
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OFFICE OF THE CITY CLERK
TELECOPIER COVER LETTER
TELECOPIER # (619) 691-5171
TO:
STAR NEWS - LEGALS
DOCUMENT(S) BEING SENT:
STAR NEWS
FIRM:
TELECOPIER NO:
FROM:
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VISTA CITY
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COUNCIL AGENDA STATEMENT
Item 2.7
Meeting Date 7/9/91
ITEM TITLE: a) Ordinance ~~~ Amending Sections 17.07.010, 17.07.030
and 17.07.040 of the Chula Vista Municipal Code relating to
open space districts and declaring the urgency thereof
.) Public Hearing: City Open Space and Maintenance Districts for
Fiscal Year 1991-92
b Resolution 11.1-41 5" Ordering certain open space and
maintenance facilities to be maintained and levying assessment
for Fiscal Year 1991-92 for Open Space District No. 11
t!) Resolution 11.1-4f Ordering certain open space and
maintenance facilities to be maintained and levying assessment
for Fiscal Year 1991-92 for Open Space District Nos. 1-2, 4-6,
9, 10, 14, 15, 17, 18, Eastlake Maintenance District No.1 and
Town Centre 1 Landscaping District
Reso 1 ut i on Ii- 1-' 0 Orderi ng certain open space and
maintenance facilities to be maintained and levying assessment
for Fiscal Year 1991-92 for Open Space District Nos. 3, 7, 8
and 20 and Bay Boulevard Land~~~ing Districts
Director of Public Works~(tr~
Director of Parks and Re~~tion
City Manage~ (4/5ths Vote: Yes~No___)
tl;
SUBMITTED BY:
REVIEWED BY:
I n accordance with the City Mun i c i pa 1 Code Sect ion 17.07, the City Eng i neer
prepared reports on the spread of assessments for the open space di stri cts.
The reports were accepted and the required public hearing was set by Council
at its meeting of June 18, 1991.
An emergency ordinance is presented tonight to modify the City Municipal Code
to allow the City to maintain an additional 50% contingency reserve.
RECOMMENDATION: Staff recommends that Council adopt the emergency ordinance
and approve the resolutions levying said assessments for Fiscal Year 1991-92.
If the emergency ordinance is not approved, staff recommends that the
resolution to levy assessments for Open Space District Nos. 3, 7, 8 and 20 and
Bay Boul evard Landscapi ng Di stri ct not be approved at thi s time. In such
case, staff will return to Council with the assessments lowered pursuant to
the requirements of our current Municipal Code.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
')..7-1
Page 2, Item 'J. 7
Meeting Date 7/9/91
DISCUSSION:
On June 18,1991, the City Council approved the reports for the City Open
Space and Maintenance Di stri cts prepared by the City Engi neer or under hi s
direction and set July 9,1991, as the date for the public hearing. The
reports cover the following districts:
1. Open Space Di stri ct Nos. 1-11, 14, 15, 17 and 18
2. Rancho Del Rey Open Space District No. 20
3. EastLake Maintenance District No.1
4. Bay Boulevard and Town Centre I Landscaping Districts.
The proposed individual assessments for Fiscal Year 1991-92 as they compare to
last year are shown below:
Table 1
FY 91-92 FY 90-91 % Increase
OSD Assessment/EDU Assessment/EDU or Decrease
1 $ 54.87 $ 47.52 +15%
2 35.90 30.58 +17%
3 357.66 383.40 -7%
4 213.80 270.74 -21%
5 260.74 344.02 -24%
6 136.44 121.56 +12%
7 98.36 (2) 106.20 -7%
8 456.02 450.92 +1%
9 96.72 81.82 +18%
10 131. 48 62.22 +111%
11 86.18 40.12 +115%
14 369.38 361. 88 +2%
15 229.20 209.56 +9%
17 154.58 (3)(4)(5) 0 New
18 321.44 (3) 187.38 +72%
20 140.58 (2) 296.41 -53%
EastLake Maint. Dist. 8.72 6.33 +38%
Bay Blvd. 1189.00 ( 1)(2) 1,339.20 -11%
Town Centre 41. 98 (1)(3) 43.40 -3%
(1 ) Per benefit unit
(2) As proposed, reserve exceeds 50%
(3) Assessments lowered per revised budgets approved 6-18-91
(4) Assessment lowered due to reserve adjustment
(5) Noticed by mail that proposed assessment is $189.14
These assessments are based on the budget approved by Council on June 18,
1991. Open Space District No. 18 and Town Centre assessments have been
adjusted downward to reflect the approved budget. District 18's proposed
assessment is $321.44/EDU compared to $380.44/EDU proposed at the last
meeting. This is due to a revision in the utility cost outlined in the
1. 7...2.
Page 3, Item ~1
Meeting Date 7/9/91
budget. Town Centre's proposed assessment is $41.98/benefit unit compared to
$51.98/benefit unit proposed at the last meeting. This is due to a revision
in the estimated fund balance caused by an anticipated $10,000 cost saving on
steam cleaning of sidewalks. See attached Exhibits A and B for
modifications. Also, for a discussion of the changes in the proposed annual
assessments compared to Fi sca 1 Year 1990/91' s assessments, see the attached
Council Report on June 18, 1991.
Additionally, District 17's assessment is proposed to be lowered from $189.14
as indicated at the June 18,1991 meeting to $126.10. Staff inadvertently
proposed a 50 percent reserve for the first year of maintenance and now
recommends adjust i ng that to zero percent. Assess i ng the property owners at
the annual cost only is appropriate because staff does not have a definite
date for the turnover of this district to the City. If a turnover occurs in
August or September, the savings accrued for those months will provide about a
10 percent reserve (see Exhibit C for modifications).
At the June 18, 1991, Council meeting, Council directed staff to notify by
mail property owners within Open Space Districts 4 and 18 and all property
owners withi n Open Space Di stri cts where the proposed annual assessment is
i ncreas i ng by 50% or $50 as compared to Fi sca 1 Year 1990/91' s assessment, of
the public hearing. Staff notified the property owners of Districts 4,10, 11,
17 and 18 of the public hearing. All but District 4's assessments are
proposed to increase.
At the June 8, 1991 property owner meeting Mrs. Martel of Open Space District
5 inquired about alternatives to the existing open space maintenance program.
She subsequently presented a proposal to the City whereby Open Space Districts
5 and 9 be combined. Staff, through the Parks and Recreation Department, has
received a referral on this but action cannot be accomplished prior to levying
the assessments for Fiscal Year 1991-92. Staff anticipates returning to
Council with a report analyzing the possibility of combining districts. If
action is recommended at that time, staff would proceed with the
recommendation and it is anticipated that any action would be completed prior
to approving the open space budgets and assessments for Fiscal Year 1992-93.
In conjunction with tonight's action on the levy of assessments, staff
recommends that the City Municipal Code, Sections 17.07.010, 17.07.030, and
17 .07 .040, be amended to allow the City to maintain a contingency reserve of
up to an addi t i ona 1 50 percent of the proposed fi sea 1 year's budget. The
current 50 percent reserve is for the purpose of cash flow to cover the first
si x month's expenses before recei pt of tax income. The addit i ona 1 reserve
amount capabil i ty is to: 1) a 11 ow the accumul at i on of funds for speci a 1,
aperiodic maintenance items that happen less frequently than annually; 2)
allow more uniform assessments in new di stri cts where both open space to be
maintained and new homes come on over several years which would otherwise
cause the assessments to vary greatly until the entire district is built out;
and 3) to stabilize assessments from year to year due to variations in actual
expenditures and revenue received. It is not staff's intention to accumulate
larger reserves in this later case, but only to minimize additional amounts as
27,3
Page 4, Item ~i7
Meeting Date 7/9/91
necessary to smooth out peaks and valleys in the budget i ng and assessment
process. Without this ordinance we cannot accumulate additional funds beyond
the fi sca 1 year's proposed budget and cash flow reserve. If we cannot pl an
for and accumulate a reserve for anticipated aperiodic maintenance items, such
as cleaning storm drain desi1ting basins, the fiscal year in which that
maintenance needs to be done would have a significantly higher assessment than
other years. The reasons for such urgency are that the annual levy of
assessments for open space districts must be imposed by August 10 and there is
insufficient time for an ordinance enacted in the normal course to be
effective by that date.
Our current Code allows the City to ma i nta in a reserve of 50% of the next
year's operating budget to provide necessary cash flow for operations for the
first six months of each fiscal year. The proposed modification is in
addition to this 50% reserve. Attached to this Council report is the proposed
ordinance for your reference (see Exhibit Dj.
The proposed ordinance change is not required to be pub1 ic1y noticed. Staff
did address the issue in the June 18 report in order to have the item
considered by Council and allow notice to the pub1 ic through the posting of
the agenda and televising of the meeting. Two property owners inquired about
it. One property owner only supported an additional 10% contingency reserve,
not 50% and another opposed the proposal altogether.
FISCAL IMPACT: None to the City.
DDS:fpjOS-OOl
WPC 5677E
~7-~
EXHIBIT A
PART R--ESTIMATE OF CO:3T AND NET ASSE~;StlENT
OPEN SPACE DISTRICT NO_ 18 (MODlFlHi)
CONTRACTUAL :;ERVICES
:$ 7tl7::~O
B3BO
30990
9:10
19BO
---.---.
$ 1?30'!O
36~321
CITY STAFF SERVICES
UTILITIES
LANDSCAPE EUPPLIES
MATERIALS TO MAINTAIN SLUGS, l:TRUCTURE, GRDl~
El:TIMATED MAINTENANCE COST
REEERVE REQUIREMENT (30%)
LES:: BALANCE AVA [LABLE Fi,OM
PREV[QUS FISCAL YEAR
35417
NET M;SES:3MENT
$ 124c,74
"'1..5
PART C: f1,~SE,;,;MF:NT ROLL (MUDI FI ED)
CPEN SPACE DIc:TRICT NO. Hl
1~~91/32 A~~SESSt1ENT PER UNIT =
(:40-070<19
640- 070-/10
G40-~:51'~Ol t() 5;:1
640-252-01 to 40
640-252-41\ to 59
640-260-01 to 29
640-260-:31 to 71
640-260-7';
640-271-U1 to t,6
640-;:~72-01 t.o 49
'J..7-~
3~~1. 44
100.00
2.55
5:3.00
40.00
16.00
2:').00
41. 00
LOU
56.00
49.00
38'I.b5
32,144.00
eliJ.68
l1,U:36.:32
12,857.60
5,11\3.04
3,321.76
n,179.04
:321. 44
16,000.64
15,750.56
124,574.01)
EXHIBIT B
PART B--ESTH'1ATE DF COST AND NET AE,SESSMENT
TOWN CENTRE I LANDSCAPING DI~;'l'RICT (MODlFIED)
LANDSCAPE SUPPLIE~~
$ 1(01)0
31970
C8U)
lJOO
20(J0
180
250
1CO
--- -.-
:1', ,,:::4130
2fj:.~30
CONTRACTUAL SERV [CE:,;
CITY STAFF SERVICES
UTILITIES
l1ATERIALS TO MAINTAIN BL))("~, ~;TRlICTURE, GRm;
AtJVERTIE,ING
OTHEE COl'1MODlTIE,;
BACKFWW CERTIF
ESTIMATEU MAINTENANCE COE,'r
REC,I<:RVE REQUIEEMENT (50%)
LE::::S BALANCE AVAILAEf"E FROM
PREY TOllS FI SCAL YEAR
~~;Ei71l)
NET ASSESSMENT
:~ 41872
Z1~7
PART C: ASSESSMENT ROLL (MODI B'l ED)
TOWNE CENTRE 1 LANDSCAPING DISTRICT
1991/92 ASSESSMENT PER UN]T =
568-044-12
568-044-13
568-044-14
56:3-(H4 -15
568-044- If)
568-044-17
568-044-18
568-044-19
568-044-20
568-044-21
56cH)44-22
5613-044-23
568-071-01
568-071-02
568-071-03
568--071-04
568-071-05
568-071-12
568-071-13
563071-14
563-071-1E,
568-071--16
568-071-17
568152--06
568-152-07
568-152-08
568-152-09
568152-10
568-152-11
568-152-13
568-152-16
568-152-17
568- 1:;2-113
568-152-19
5613-152-20
568-152-21
568-161-0~)
568 - 161.-04
568161-05
568-161-06
568-161-07
568-161-08
568-161-09
568-161-10
568-161-11
568-161-12
568-1f31-13
568-161.26
568-'161-27
27-f
4L9EJ
12.30
11.40
10.20
13.40
10. fJO
'/.00
26.10
10.80
14.10
11.30
15.20
113 . 20
25.90
14.80
11.20
7.00
23.90
10.130
15.20
10.60
16.30
18.30
12.60
8.80
8.10
14.50
13.00
7.10
7.70
11.80
15.00
16.80
15.00
18.70
13.10
17.60
10.80
15.20
5.70
8.30
6.60
12.80
7.40
11.90
12.90
12.60
7.30
1:) .10
6.70
516.36
478.58
428.20
562.54
457.58
293.86
1,095.68
45:3.311
591. 92
474.38
638.10
764.04
1,087.2e
621.30
470.18
293.136
1,003. ~32
453.38
638.10
445.00
6134.28
'(68.24
528.96
369.42
340.04
608.72
545.74
2ge.06
323.26
495.36
629.70
70b.26
629.70
7e5.04
54f!. 94
738.86
45:3.38
638.10
23:), 30
348.44
277.08
537.34
:310.66
499.56
541. 54
528.96
306.46
801.82
281.28
5C8~lGl.2n 12.60 2128 _ 96
168-1f)135 16.10 (:,75.8e
568-2'70-20 22.70 D52.9E:
~~168-270-21 42.10 1,767. ,36
56Cl-nO-22 31. 10 1, 305 . 58
56Cl-270-23 15.20 Ei3EI. 10
568-270-27 15.00 62,1.70
568 -::1;:;3-. 0 1 21.10 8EJ5.7EI
56EJ-::U3-02 3.90 163.72
568-333-03 :1.90 163.72
568-<:1;:;:3-04 7.130 327.44
568-:len-05 3.90 163.72
568333-06 3.90 163.72
568-3;:;3-07 3.90 1f,;:I.72
568-333-08 5.00 209.90
c,68-334-01 15.50 650.70
568-334-02 ;:i.90 163.72
568-334.03 3.90 163.72
568-334-04 15.E,0 650.70
568-350-19 15.50 650.70
568-350-20 3.90 163.72
568-350-21 7.80 327.44
568-350-23 3.10 130.14
568-350-25 8.60 361. 04
568.350-39 5.70 239.30
568-350-.40 5.70 239.30
568-351-01 7.80 ~J27 _ 44
5(;0-351-02 4.40 184.72
568-351-03 6.30 264.48
568-270-30 11.00 461.78
568-300-46 41.20 1,729.58
1,000.00 41,980.28
1..1..f
EXHIBIT C
PART B-"-ESTIMATE OF COST AND NET ASSESSMENT
OPEN SPACE DISTRICT NO_ 17 - MODIFIED
CDNTRAcrUAL SERVICES
CITY STAFF SERVICES
TRASH COLLECTION & Dn~pO,~AL
LANDSCAPE SUPPLIES
t1ATERIALS TO MAINTAIN BLDGS, STRUCTURE, GRDS
ESTIMATED MAINTENANCE COST
RESERVE REQUIREMENT (0%)
LESS BALANCE AVAILABLE mOM
PF:EVIOUS FISCAL YEAR~
NET ASSESSMENT
* EXISTING BALANCE OF $:0:2.09 IS NOT PART OF THE RE:SERVE-
Z74fJ
$ 2250
J710
CJOO
550
100
$ 7110
o
o
$ 7110
PAhT C: A::::E:;:',MENT ROLL (I1Um FI E U \
OPF:N SPACE Dl:;TRICT NO. 17
1991/92 ASSESSMENT PER UNIT
64.0-240-01
640-24.0-04 to 46
640-240--48 t.o ';9
Z 7-11
lb4. ~)8
1.00
43.00
2.00
154..51,
6,646.94.
:J09.1t:.
46.00
7,110.bB
EXHIBIT D
ORDINANCE NO. A'I-'FI
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTIONS 17.07.010, 17.07.030 AND 17.07.040 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO OPEN SPACE DISTRICTS AND
DECLARING THE URGENCY THEREOF
The city council of the city of Chula vista does ordain as
follows:
SECTION I. That section 17.07.010 of the Chula vista Municipal
Code is amended to read:
section 17.07.010 Title for citation.
The ordinance codified herein, consisting of sections
17.02&.010 through 17.07.04017.88.398 of the Chula vista
Municipal Code, may be cited as the "Chula vista Open Space
Procedural Ordinance af 1972."
SECTION II. That Section 17.07.030 of the Chula vista Municipal
Code is amended to read:
section 17.07.030 Reserve Operating Fund
Each Open Space District shall, upon creation, have added to
the assessment an amount equivalent to one hundred~ percent of
the estimated first vear expenses. Each existinq Open Space
District shall annuallv have added to the assessment an amount
equivalent to ten percent of the nextpFe~iaus year's estimated
operating budget, so that after five years of generation there
shall be accumulated a reserve of at least fifty percent of the
next~Fe~ia~s year's estimated operating budget. The amount of
the accumulated reserve shall in no event exceed one hundred
percent of the next vear's estimated operatinq budqet. The
enqineer's report and the Council's action shall not include in
the annual levv an amount, for a reserve, in excess of the
maximum one hundred percent reserve. AfterTficFcaftcF the reserve
reaches at least fiftv percent. but not more than one hundred
percent. it shall be maintained to provide necessary cash flow
for operations for the first six months of each fiscal year and a
reasonable buffer aqainst larqe variations in annual assessments.
'2.1-1.3
6/28/91 -- 1 -- Draft 2
SECTION III. section 17.07.040 of the Chula Vista Municipal
Code is amen~ed to read:
Section 17.07.040 Change to Streets and Highways Code
Section 22525
The followinq is added to those items included in the
definition of "Imorovement" set forth in Streets and Hiqhwavs
Code Section 22525. as it mav be amended from time to time:
.. I IJBfJre-:emel! ;' means ellS er any eelt\Siflat.ieR. af 'Ese fel1et..-ift! I
(a) Tt...: iRst.allatiefl af JllafttifllJ af laREiaeal'iPlfJ.
(e) The inst.allat.isa eE' esnstraetisn af et.atuary,
faunt-aiRs, ana et.her ernameftt.al atrHetaE'CS and faeilities.
fe) The iBstallat.isn er eeRst.raet.ioR af puelie lightin~
faeilitieB.
f4tlhl Native plantings and open space areas, including
naturaJ drainage facilities.
(e) The iRst.allatisn or oORotraetien af any faeilities
vhieh are appartenant 1:6 allY af the fereEJoing or ~hich arc
Reee6sary eF eeR7enient fer the maintenance eE' servieinlJ thereaf,
iRelaaiRE) lJraEiiRlJ, elearing, rcme7al af deBris, 'the inst.allatiea
BE' eenotr\ietien af curse, 'Jut.teE'S, \w.alls I sielc't...allts, er paving I
BE' yater, irrilJatisR, drainaqc, eE' elee~rieal faeili~iea.
(f) 'rho iflotallatiafl af parlc, rcercatiaflal, er apcfl spaec
i~ra~emeRto, iflel~ai~~, hut net limi~ea ~e, all e~ the
felle"obl'!J1
(1) Lana prcparatien, SHea ao ~raaifl~, levelifl~,
eattiR~ aRa fillin~, sea, landooapifl~, irri~atieR oyotemo,
oidc\:allcs, alia elraiRa~c.
(2) Li~ht5, play~reuRa equipmen~, play eaurts, ana
paelie restraams.
(g) The maiRtcnanee er
fere~eiR~.
. .
aCrVl.el.REj",
er seth, af any af the
(a) The aequiaitieR af laRa fer parle, rcercatienal, er
epeJ\ apaee pUrl36Sco.1t
SECTION IV. Urgency--Effective Date. This ordinance is necessary
as an emergency measure for preserving the public peace, health,
safety, and general welfare and shall take effect and be in full
force immediately upon its adoption. ' The reasons for such
urgency are that the annual levy of assessments for open space .
districts must be imposed by August 10 and there is insufficient
time for an ordinance enacted in the normal course to be
~ 7 -1'1
6/28/91 -- 2 -- Draft 2
effective by that date. This ordinance will allow an increase in
the reserve portion of the annual assessments, in order to
provide a buffer aga:.nst large variations between annual
assessments, for the greater financial comfort of those required
to pay.
Presented By
Approved as to form by
John P. Lippitt,
Director of Public Works
D. Richard Rudolf
Asst. City Attorney
~-~
6/28/91 -- 3 -- Draft 2
,-
COUNCIL AGENDA STATEMENT
Item
Meeting Date 6/18/91
ITEM TITLE: a) Resolution Approving:'he Engineer's reports for
the FY 1991-92 spread of Issesrments for City Open Space
Maintenance Districts I-II, 14, 15, 17, 18, 20, EastLake
Maintenance District No.1, Bay Boulevard and Town Centre,
declaring the intention to levy and collect assessments and
setting July 9, 1991 It 6:00 p.m. IS the date and time for the
public hearing
SUBMITTED BY:
b) Report to propose modification )f Municipal Code,
17.07.030 to provide an additional contingency reserve
Director of Public works~q~ '
Director of Parks and Recreation
Section
REVIEWED BY:
City Manager
(4/5ths Vote: Yes___Ho-X-J
On April 16, 1991, City Council adopted resolution No. 16133 directing the
City EngiQeer to prepare and file reports o~ assessments for all existing City
Open Space Maintenance Districts. These reports have been prepared and the
above resolution approves them and sets the date for a public hearing to
consider the spreading of assessments.
The report considers modification of the 1972 Act to allow the reserve to be
increased up to an additional 50% of the estimated yearly cost.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Pursuant to Article 4, Chapter I, Part 2 of Division IS of the California
Streets and Highways Code, also known IS "Landscaping and Lighting Act of
1972," the City Engineer has prepared and filed the annual reports for all
existing Open Space Maintenance Districts in the City.
These reports were prepared by the City Engineer or under his direction and
are presented to Council for approval in order to proceed with the Public
Hearing set for July 9, in accordance with the Landscaping and Lighting Act of
1972. The reports cover the following districts:
1. Open Space District Nos. 1 through II, 14, IS, 17, and 18
2. Rancho del Rey Open Space District No. 20
3. EastLake Maintenance District No. 1
4. Bay Boulevard and Town Centre I Landscaping Districts
~7-/7
.~--w
Page 2, Itell
Meeting Date 6/18/91
The Parks and Recreation Departlllent conducted an infol"lllal lleeting for. all
property owners within each district on Saturday, June 8. At that llleet1ng,
staff explained the propoaed budget and annual assessment. Several questions
and objections regarding the budget, assessments and procedures were raised at
that lleeting.
The proposed assessments for Fiscal Year 1991-92 are as follows:
Table 1
F" 91-92
Asse-:sment/EDU
Q.SIl
1
2
3
4
5
6
7
8,
9
10
11
14
15
17
18
20
EastLake Maint. Dist.
Bay Blvd.
Town Centre
S 54.87
35.90
357.66
213.80
260.74
136.44
98.36 (2)
456.02
96.72
131.48
86.18
369.38
229.20
189.14
380.44
140.58 (2)
8.72
1189.00 (1),(2)
51.98 (1)
(1) Per benefit unit
(2) As proposed, reserve exceeds 50%
FY 90-91
Assessment/EDU
S Increase
or Decrease
S 47.52
30.58
383.40
270.74
344.02
121. 56
106.20
450.92
81.82
62.22
40.12
361.88
209.56
New
187.38
296.41
6.33
1,339.20
43.40
+15'
+1"
-"
-2lS
-24S
+12S
-"
+IS
+18S
+111S
+3~
+2S
+~
+103'
-53S
+38S
-l1S
+20%
Open Space Districts I, 2, 6, 8, 9, 14, .15 and Town Centre had low to 1I0derate
. increases in their assessments due to increased contract costs, increased
reserve requirements in accordance with Section 17.07.030 of the Code or as a
result of a lower 'previous year's rates. The lower rate is a result of
adjusting the assessment to reduce' the estimated reserve to the current 50%
requirement. The percent change is especially apparent where the previous
year's balance was at 75-80% of the estimated cost and the current year
contract costs increase. This was the case in District 18. and to a lesser
extent in Districts 2, 6, 9, 10, 11, IS, and Town Centre.
District 10 had a very large increase due to the anticipated inclusion of
additional, open space associated with Ladera Villas. This open space has a
high estimated cost for maintenance.
~ 7-lf
:......... "..,
-
'." .' '~-""-.'
Page 3. It_
Meeting Date 6/18/91
District 11 increase can be attributed to a reduction in assessed properties
IS a result of I re-subd1v1s10n of I condom1n1um. There was I reduction of 40
units in that district IS a result of the re-mapping. District II's contract
costs Ilso increased. .
Districts 3, 4, 5, Ind 7 had decreases in supplemental improvements or utility
costs which resulted in this year's Issessments being lower than last year's.
It is proposed for D1strict 7, 20, and Bay Boulevard that the fund balance in
excess of 50% reserve be left in the account to be used in future years as
needed and help level the Issessment. Should Council elect not to mod1fy the
ordinance to l110w more than 50% reserve, the assessments would be reduced.
Staff has anticipated the following year's costs and levied assessments this
year which should be close to following years.
District 20 had a substantial decrease in the assessment over last year. This
occurred because the actual lIaintenance contract Clme in substantially lower
than what was estimated by the developer's landscape architect.
Staff reconrnends lIod1fying the C1ty Code, Chapter 17.07.030 which deals with
the Reserve Operat1ng Fund for Open Space Districts. Our current Code allows
the City to maintain an add1tional contingency reserve of 50% of the next
year's operating budget to provide necessary cash flow for operations for the
first six months of each fiscal year. Staff reconrnends modification of th1s
provision to allow the City to ma1nta1n a reserve. not to exceed 100% to
provide cash flow or a reserve balance which can be used in the future years.
.Under the current Code, the City is required to return any excess fund balance
above the 50% reserve. Th1s results in a lower assessment than what would
occur if the balance at the end of the year 1s at or less than 50% result1ng
in assessments fluctuating year after year. A reserve balance could be used
to help reduce the impact of add1tional improvements or to help balance the
.peak and valley. effect that has been typical of our assessments.
Staff at the July 9, 1991 meeting w111 present the ordinance as an urgency
ord1nance. The Engineer's reports for Open Space Distr1ct Nos. 7, 20, and Bay
Boulevard w111 need to be rev1sed if the emergency ord1nance IIOdification is
not adopted in order to return all amounts in excess of the current 50%
11m1tation.
FISCAL IMPACT: None.
DOS/File: OS-OOl
"PC 5647E
~ 7- /1
. _ 'T~. ___ o;"~-,~..
~ ..
.,-. ...
ORDINANCE NO. '2.4tJ'
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTIONS 17.07.010, 17.07.030 AND 17.07.040 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO OPEN SPACE DISTRICTS AND
DECLARING THE URGENCY THEREOF
The City Council of the City of Chula vista does ordain as
follows:
SECTION I. That section 17.07.010 of the Chula vista Municipal
Code is amended to read:
section 17.07.010 Title for citation.
The ordinance codified herein, consisting of sections
17.02&.010 through 17.07.04017.08.399 of the Chula vista
Municipal Code, may be cited as the "Chula vista Open Space
Procedural Ordinance af 1972."
SECTION II. That Section 17.07.030 of the Chula vista Municipal
Code is amended to read:
section 17.07.030 Reserve Operating Fund
Each Open Space District shall, upon creation, have added to
the assessment an amount equivalent to one hundred~ percent of
the estimated first vear expenses. Each existinq Open Space
District shall annuallv have added to the assessment an amount
equivalent to ten percent of the nextprc.ieue year's estimated
operating budget, so that after five years of generation there
shall be accumulated a reserve of at least fifty percent of the
nextprc.ieuD year's estimated operating budget. The amount of
the accumulated reserve shall in no event exceed one hundred
percent of the next vear's estimated operatinq budqet. The
enqineer's report and the Council's action shall not include in
the annual levy an amount, for a reserve, in excess of the
maximum one hundred percent reserve. AfterThcrcaftcr the reserve
reaches at least fiftv percent. but not more than one hundred
percent. it shall be maintained to provide necessary cash flow
for operations for the first six months of each fiscal year and a
reasonable buffer aqainst larqe variations in annual assessments.
1).7A--1
7/5/91 -- 1 -- Draft 2
SECTION III. section 17.07.040 of the Chula vista Municipal
Code is amended to read:
Section 17.07.040 Change to Streets and Highways Code
Section 22525
The followinq is added to those items included in the
definition of "Improvement" set forth in Streets and Hiqhwavs
Code section 22525. as it mav be amended from time to time:
... I~re7ell\errt. I _cane ene er an}" eembinatien of the felle\."ing:
(a) The iHstallatisH ef plaHtiH~ ef laHaseapiH~.
(a) The iHstallatisH er esnstrHetisH ef stataary,
feuHtaiHs, aHa sther erHamental struotHres aHa faoilities.
(e) The iHstallatisH or oSHstraetisn sf pualis liqhtiHq
facilities.
tetlhl Native plantings and open space areas, including
natural drainage facilities.
(e) The iHstallatisH sr eSHstrHetieH sf aHY faeilities
..'flieh are appurteHaHt te aH}" sf the fsreqeiH~ sr \Thich are
nccco~ary er oeR~eRicnt fer the maintenance er acr~ieing thereof,
iHcluaiH~ ~raain~, elearinq, remsval ef aearis, the iHstallatien
sr cSHstraetisH sf caras, ~utters, .Jalle, siam:alks, or pa7iHq,
or .later, irri~atieH, araiHaqe, er eleetrioal facilities.
(f) The installation ef park, recreatienal, or epeH spaee
imprevements, iHclaain~, but net limitea to, all sf the
felloviH~1
(1) Lana preparatieH, such as ~raain~, levelin~,
cuttiH~ ana filliHq, sea, lanascapinq, irrigatien systems,
a idc\."a!ltEl , :J.nd draiRal:jc.
(2) Li~hts, play~rouna e~Hipment, play oourts, ana
pualie restrooms.
(~) The maintenance sr servieinq, or seth, of any of tao
forcqoiH~.
(h) Tae ac~uisitieH sf laHa fer park, reereatieHal, or
speR Sp.:lCC purpeccc."
SECTION IV. Urgency--Effective Date. This ordinance is necessary
as an emergency measure for preserving the public peace, health,
safety, and general welfare and shall take effect and be in full
force immediately upon its adoption. The reasons for such
urgency are that the annual levy of assessments for open space
districts must be imposed by August 10 and there is insufficient
time for an ordinance enacted in the normal course to be
~7Ft-2.
7/5/91 -- 2 -- Draft 2
effective by that date. This ordinance will allow an increase in
the reserve portion of the annual assessments, in order to
provide a buffer against large variations between annual
assessments, for the greater financial comfort of those required
to pay.
Presented By
Approved as to form by
John P. Lippitt,
Director of Public Works
27,q -.3
7/5/91 -- 3 -- Draft 2
RESOLUTION NO. I t-~~l'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED AND
LEVYING ASSESSMENT FOR FISCAL YEAR 1991-9"2
FOR OPEN SPACE DISTRICT NO. 11
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, in accordance with the Chula Vista Municipal
Code Chapter 17.07, the City Engineer has prepared a report on
the spread of assessments for the open space districts; and
WHEREAS, on June 18,
reports for the City Open
prepared by the City Engineer
July 9, 1991, as the date for
1991, the City Council accepted the
Space and Maintenance Districts
or under his direction and set
the public hearing; and
WHEREAS, the reports cover the following districts:
1. Open space District Nos. 1-11, 14, 15, 17, and 18.
2. Rancho Del Rey Open Space District No. 20.
3. Eastlake Maintenance District No.1
4. Bay Boulevard and Town Centre I Landscaping Districts
WHEREAS, the assessments for Open Space Districts 17 and
18 and Bay Boulevard Landscaping District have been modified
since approval of the Engineer's Report
WHEREAS, the proposed individual assessment for fiscal
year 1991-92 as it compares to last year is shown below:
Open Space
District
FY 91-92
Assessment/EDU
FY 90-91
Assessment/EDU
%
Change
11
$ 86.18
$ 40.12
+115%
WHEREAS, all property owners in the District were
notified of a pre-assessment meeting held on June 8, 1991, and
were notified of the pUblic hear ing by the notice published in
the newspaper, and by mail; and a t the June meeting, ther e were
no objections to the assessment from the property owners who
attended.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby order certain open space and
maintenance facilities to be maintained and levying the
assessments set forth hereinabove.
Presented by
Approved as to form by
(,-ff-'""
W\J
John P. Lippitt
Director of Public Works
Bruce M. Booga r
City Attorney
90l6a
2"'7S- I
RESOLUTION NO. 1l..~4~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED AND
LEVYING ASSESSMENT FOR FISCAL YEAR 1991-92
FOR OPEN SPACE DISTRICT NOS. 1-2, 4-6, 9, 10,
14, 15, 17, 18, EASTLAKE MAINTENANCE DISTRICT
NO. 1 AND TOWN CENTRE I LANDSCAPING DISTRICT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, in accordance with the Chula Vista Municipal
Code Chapter 17.07, the City Engineer has prepared a report on
the spread of assessments for the open space districts; and
WHEREAS, on June 18,
reports for the City Open
prepared by the City Engineer
July 9, 1991, as the date for
1991, the City Council accepted the
Space and Maintenance Districts
or under his direction and set
the public hearing; and
WHEREAS, the reports cover the following districts:
1. Open Space District Nos. 1-11, 14, 15, 17, and 18.
2. Rancho Del Rey Open Space District No. 20.
3. Eastlake Maintenance District No.1
4. Bay Boulevard and Town Centre I Landscaping Districts
WHEREAS, the assessments for Open Space Districts 17 and
18 and Bay Boulevard Landscaping District have been modified
since approval of the Engineer's Report
WHEREAS, the proposed individual assessments for fiscal
year 1991-92 as they compare to last year are shown below:
Open Space
District
1
2
4
5
6
9
10
14
15
17
18
Eastlake Maint. Dist
Town Centre
(1) Per benefit unit
FY 91-92
Assessment/EDU
FY 90-91
Assessment/EDU
%
Change
$ 54.87
35.90
213.80
260.74
13 6.44
96.72
131.48
369.38
229.20
154.58
321.44
8.72
41.98 (1)
$ 47.52
30.58
270.74
344.02
121. 56
81.82
62.22
361. 88
209.56
o
187.38
6.33
43.40
+15%
+17%
-21%
-24%
+12%
+18%
+111%
+ 2%
+ 9%
New
+72 %
+38%
- 3%
').7C. -/
WHEREAS, all property owners in the District were
notified of a pre-assessment meeting held on June 8, 1991, and
all property owners within Open Space Districts 4, 10, 17 and 18
were notified by mail of the scheduled public hearing and said
hearing was also noticed by publication
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula Vista does hereby order certain open space and
maintenance facilities to be maintained and levying the
assessments set forth hereinabove.
Presented by
Approved as to form by
B~~~~t 7(~(q(
City Attorney
John P, Lippitt
Director of Public Works
9015a
2.7e--Z
RESOLUTION NO. J~ AS/)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED AND
LEVYING ASSESSMENT FOR FISCAL YEAR 1991-92
FOR OPEN SPACE DISTRICT NOS. 3, 7, 8 and 20 AND BAY
BOULEVARD LANDSCAPING DISTRICT
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, in accordance with the Chula Vista Municipal
Code Chapter 17.07, the City Engineer has prepared a report on
the spread of assessments for the open space districts; and
WHEREAS, on June 18,
reports for the City Open
prepared by the City Engineer
July 9, 1991, as the date for
1991, the City Council accepted the
Space and Maintenance Districts
or under his direction and set
the public hearing; and
WHEREAS, the reports cover the following districts:
1. Open Space District Nos. 1-11, 14, 15, 17, and 18.
2. Rancho Del Rey Open Space District No. 20.
3. Eastlake Maintenance District No.1
4. Bay Boulevard and Town Centre I Landscaping Districts
WHEREAS, the assessments for Open Space Districts 17 and
18 and Bay Boulevard Landscaping District have been modified
since approval of the Engineer's Report
WHEREAS, the proposed individual assessments for fiscal
year 1991-92 as they compare to last year are shown below:
Open Space FY 91-92 FY 90-91 %
District Assessment/EDU Assessment/EDU Change
3 357.66 383.40 -7%
7 98.36 106.20 -7%
8 456.02 450.92 +1%
20 140.58 296.41 -53%
Bay Blvd. 1189.00 (1) 1339.20 .-11%
(1) Per benefit unit
WHEREAS, all property owners in the Districts were
notified of a pre-assessment meeting held on June 8, 1991, and
all property owners were noticed of the public hearing as said
hearing was noticed by publication.
~ 7D -/
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula Vista does hereby order certain open space and
maintenance facilities to be maintained and levying the
assessments set forth hereinabove.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
~(
90l9a
'l.7D-2
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
Hearing protests as to the levy of the proposed assessments
for City Open Space and Maintenance Districts.
copies of the documents are on file in the Office of the City
Engineer, 276 Fourth Avenue, Chula vista California.
If you wish to challenge the City's action on this in court, you
may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in
written correspondence delivered to the City Clerk at or prior to
the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
July 9, 1991, at 6:00 p.m. in the Council Chambers, Public Services
Building, 276 Fourth Avenue, at which time any person desiring to
be heard may appear.
DATED: June 18, 1991
Beverly A. Authelet, CMC
Chula vista City Clerk
/
.;-
\v ..'
~ ~ @ ~ II W ~ rr0.,
I ',r,
ULL" , 2 8/99/ @i
CITY COUNCil OfFICES
CHLlA VISTP, CA
June 25, 1991
Honorable Mayor Tim Nader
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
U: OPBII SPACE MAZftEllAHCE DISTRICT 14 - BONITA LONG CANYON
~ar Mayor Nader:
As a
issues
current
14.
resident of
surrounding
assessments
Bonita Long Canyon, I ask
establishment, method
and maintenance costs for
that
of
Open
you review the
apportionment,
Space District
At the time the District was formed, staff reports (copies
enclosed) dated 12/17/85 and 1/14/86 stated "Assessments to
property owners are proposed to be adjusted with the addition of
each new unit in accordance with the benefits received." The
first year's assessment was $84 per dwell~ng unit, and this
year's is proposed to be $370, a total ~ncrease of 340%.
Normally, the addition of more homes reduces an assessment, even
though additional open space may have been added. Clearly,
assessing all homes the same amount, regardless of benefit
received, does not conform to the method of apportionment
presented at the time the district was formed. In addition, the
1972 Landscaping and Lighting Act was intended for use where
special benefits would accrue to properties within specific
boundaries. It is not a tax, and assessments are based on
benefit received.
In the case of Bonita Long Canyon, it would be difficult to show
equal benefit for a home located on the canyon versus one either
in the interior of the development, or on the perimeter, adjacent
to the surrounding older neighborhoods, yet all are being charged
the same amount. Some of the City's open space districts (Nos.
7, 20 and Bay Blvd.) use the correct, equitable method for
calculating benefits: it is unclear why this method wasn't
utilized uniformly.
My second concern relates to the total costs for maintaining
Bonita Long canyon a~~ 1300 linear feet of median along East H
street. Attachment -lICIt to the December report states "Natural
areas adjacent to streets are estimated to be 3% of total open
space. The remainder of the natural open space is assumed to
require no maintenance." Since Bonita Long Canyon is natural
open space, it's difficult to understand why $320,000/year is
required for maintenance. While revegetated areas may have
needed initial heavy watering,
high, and one wonders what
expended for contract services.
Lastly, the method of homeowner notification used by the Parks &
Rec. Department, while meeting the minimum legal requirements,
does not provide enough information to give the homeowner an
understanding of what an open space maintenance district is or
what it means to him. A meeting is held on a Saturday with the
expressed purpose of discussing the districts and annual
assessments 1 yet when any questions regarding the purpose,
..ount, etc., are asked, homeowners are unable to get answers.
Instead, staff refers them to the Council.
$90,000 for utilities seems rather
is being done for the $178,400
I believe
community,
however,
received,
of how and
most people see the value of open space in our
and are willing to contribute. That contribution,
should be calculated equitably, based on benefit
reasonable costs, and full knowledge and understanding
why they are being assessed.
I am providing my comments in writing, as, unfortunately, the
July 9 public hearing date for this item conflicts with our
School Board meeting, as is often the case. I ask that these
comments become part of the pUblic hearing record when this item
is heard.
I appreciate your taking the time to read my letter and am
confident you will review the issues I have raised.
Sincerely,
~~"-w.s.~
Kate Shurson
739 Baylor Avenue
Bonita, CA 91902
'. 15
,
toUNCIL AGENDA STATEMENT
It.. 10
MeetlngDlte 12/17/85
ITEM TITLEz I. Report: Proposed Optn Spac. MalntenancI Dhtrfc:t No. 14.
lonlta Long CI~on Estates, Unit 1
IUBMlnED IY:
IEYIEWED IY I
b. Rlsolutlon Approving preliminlry report and
declaring intention to fom Open Space Maintenlnce Dhtrtct
110. 16'.
DirectGrof Pub1fc Works/City Engineer :sY' h1"'''~
,City Mlnl9lrt (4/Sths Yote: v.._NoL)
The purpose of thi. report Is to provide the necessar,y bact, round information
to enable Council to Initiate formltion of an open ~ac' ma nt.nlnce district
within BonitlLong Ca~on Estates, Unfts 1 through 7. The boundaries of the
proposed district are shown in Attachment -AU. Specific fasUtl eXlmined in
this report Irt the requirements for the proposed district Ind conformance, by
the petftfonlr. wfth the criterfa conta1ned fn the Municfpa' Code tor
establfsh1ng open spiel mafntlnlnce distrfcts. '
RECOIf4ENDATlON: That the Cfty Councl1:
1. Adopt I resolutfon decllring the Councfl's tntention to form the proposed
dtstrtct tn .ccordance wfth Sectfon 17.08.160 of the Munictpal Code.
Z. Set January 14t 1986, It 7:00 p.m. fn the Council Chambers as the date and
time for a publfc hearfng to consider the proposed formation of Open Space
Maintenance Dlstrfct No. 14,
3. Direct the Cfty Clerk to IdvertiSI the publfc heartng and matl notfces of
. the heartng to .ffected persons fn accordance with Sections 17.08.180 and
17.08.190 of the Hunictra, Code and the notiffcatfon requi rement of the
laws of the Stite of Ca' fomia. .
.
BOARDS/COMMISSIONS RECOlt4ENDATION: The Planning Conmfssion took action to
rtCo_nd approval of the SPA Plan Ind the Tent.the N.p for Bonfta Long
. C.~on Unfts 2-7 inclusive on November 13, 1985. Such approval fncluded the
dlsignlted open space Irea shown on both of th.se maps.
DISCUSSION:
McMilltn Development, Inc., developer of Bonft. Long Ca~on Estates. submitted
. letter of petit10n on September 4. UU. Ind December 5. 1985. requesting
fOl"lllltfon of an open space maintenance dtstrict. The petitton comp1fes with
Conditfons 3, 10, .nd 36 cont.i~ed fn Resolution 10470 approving the Tent.tivI
M.p of Chula Vtsta Tract 81-4. Bon1t. Long Ca~on Estates. Unit 1.
-,
.--
P'o, 2. Ita 10
Meeting Datel2'7"lm5
The cltveloper has dedi cited Ind the City Council 81 Resolution 11993 hll
accepted titl. to three loti dnignlted II op.n IPIC' on the Finll Mlp of
Chula Vh~ Tract 81-4. Bonita Long Clnyon Estltes. Unit 1. The three loti
win lal ..intlined a. natural and landscaped open .pace. Llndlc.pfng 11
p~IDned for thl G.nter _dian along [1St "H" Street adjlcent to the loutherly
ltOund'ry 9~_.~oni~'I~ong. ~'':\Yon. . .,'.
An of thll. op.n .pac. loti confoN to thl crfter1l contafned fn' Sectfon
17.08.02OC of thl Municipal Cod.. None of thele three loti will be .Ifntlined
_ . ....OWIltI'l' assoctation.
The .nU... 80nitl long Cal\Yon Estates project. Units 1. through 7. "nl
CC!lIIPrill the District. 650 Iei'll are within the boundary. Eventua"y 862
IIl1l1t owners win live wi~hfn this proj.ct. The proposed total of 111
dedicated open 'plce are.. 11 .bo~t 277.5 'cres. .. .' .
McMtllin w111 tnlt.n the neceuary '.ndscaping .nd irrigation .t no 'llpen"
to the Ci~. The landlCaping win be complete .nd IItabl hhed frioI' to
acc.ptance by the City on behl1 f of thl rropostd open IplCI ma ntenanee
dhtrtct. Thlre are 199 benett ti ng propert II (199 EDU) on thl ......ment
rolll within the proposed dfltrtct at the present time in Unft 1. and the
.sti.lted annuIl mafntenance cost to be .ssesled each new EDU is .pprolliaately
$85. Attachment "B" indtc.tes the allocatfon of costs for e,ch lot within the
distrtct. Lot lI_ers are those shown on Map 11205. Bontta Long Cal\Yon
Est.tes. Unit 1. Totll annual ..intlnanc. costs in connection with Unit 1 .re
esU..ted .t $16.'50 p.r ~Ir (In Attlchme.nt "C.).
Op.n Space M.inten.nc. Dtstrict No. 14 11 proposed to include III op.n space
arels in Un!t 1 .nd.pro ose~ U~1~! 2 ,through 7 of Bonita Long Clnyon Est t.s.
~l!!!!lIIIll~t c. .; . ..... I"! II
~~.f~1fJf(il:UIltL.1J\;,f," an" ' . .
. '
The petttioner C80nitl Long Clnyon Partn.rih1~) is the pl'ls.nt own.r of .11
the alltssed properties. The responstbfltty for paying the open space
..fntenenel Ineume. nt wi ". ~~P'ch~f';'~~""'iM~U1Dhit~Ptr\jU
II those propertfes Ire .ol~. . . ~... ~
V..ll'rJ..t.ndw~b.-nefAtill'iIf . ~UiiliiU
Concerns reglrding brow ditch,s previously expressed by Councl1h.VI been
refl.cted in construction d.tatls shown on i.provement planl. .
T/II review of pllns Ind inspection of landscaping work Ire bling coordinlted
with the Llndsclpe Architlct and 'arkl and Recreation Department. .
FISCAL. IMPACT: Hone
51../nr
VPC 1734E
..
. .
.
..
. .
'.
.'
,....,ij;'....~. \~ "iol",.'
".~ ...,.. .....:,..,...;.'.1.; ....1";'1',...-. .~'~..!"..,...F'.'....~ v _ .J.,~. .J.........~. .... ~,
.
BONITA ~ONa CANYON
LANDSCAPB MAINTBNANCB DISTRICT
Iii UNITS - FINAL XAl 1120~
Pl&nt.e4
&n4
Permanently
Irrilfated
P1ant.ed
&nd
felllporarlly
brioat.ea
Bydroseeded Naturat
Lot. 200
aOl
202
CeA~n ...41&0
. . .treet
t'OTA~
. 0
11.9315
.,050
3.6Q..2
~4,~16
66,621
1,14&
,r
1,106,424 sq.1
66,621
S,UII
1,106,424
. -
'lanted and Irriqated
· . i
24,586
66..621
n,207 aq. ft.
X 0.17 .q-ft/year
15,500
8/166 sq/ft
XO.035 aq-tt/yr
285
1,106,424
.O~l
33,1 2
~ aq-ft/yr
.r;nr
15,505
HydrOleec:led
ass
aatural *
~'
.........
. ".-
*Natural areas adjacent to streets are estimated to be 3' of total
ope~ apace. The remainder of the natural open apaoe ia aa.umed
to require no maintenance.
----
ATTACHMENT Ne"
.
r;
~ ~
COUNCIL AGEIIlA STATDl:NT
L.I-.J v I ~
,
It<<A-.!:L
MI.tfng Date 1/14/86
Publ1c hearfng to fom Chull Yilta Open spael Maintenanc.
Dfstrfct No. 14, Bonfta Long Canyon Estatls - Unfts 1 through 7
..solutfon /,.3 -;.. 'f' Establhhfng Op.n Spac. Maintenance
Dfltrict No. 14, ~..~ /
Dfrector of Public Works/City Engfneer ~
Cf1;,y Manag.r (e/5th. Yotel Yes No X )
. --
.
J1EM TITLE a
IUlNITTED IYa
-,rElIED IYI
>.f.
McMill1n Development Inc., developer of Bonfta Long Canyon Estates, fn behalf
of the owner, Bonita Long Canyon Partnership, has petitioned for the form.tfon
of an open space .aintenance district 1n .ccordane. wf th thl condftions of
-.pproval (3. 10 and 36) contained fn Resolution 10470 approvfng thl Tentativ.
Subdivision Map of thula Vilta Tract No. 81.4, Bonita Long Canyon Estatel,
Unit 1.
On Dec..ber 17, lIaS. Cftr Couneil set Januar,y 14, 1986, al the date for I
publ1c hearfng on the proposed fOnDItion of Opln Space Maintlnance Dhtrict
110. 14.
IF;CCXIEIIDATION: That Council I
1. Conduct the publfc hearing.
2. AdoPt a resolutfon fonnfng Open Space Mafntenanc. Dhtrfct No. 14 for
lonita Long Canyon Eltatel.
IOARDS/COMMISSIONS RECOMMENDATION:
It 1ts ..etfng on January 8, 1986,
SpICI Maintlnance Dfstrfct No. 14.
DISCUsSION:
'f!j.", ..f'
The Planning Conrnhlion adopted . '-IlOtton
reconrnendlng approval of the proposed Open
.-
,Under .evlral condftions of approval of the Tentativ. Map for Bonfta Lons
Canyon Estates, the dev.loper was requfred to p.tition for the formatfon of an
open .pace ..fntenanee distrfct. Thosl conditions have been satilffed.'
The boundar,y for proposed Op.n Space Maintenance District No. 14 is the same
.. that for Bonfta Long Canyon Estatel, Unfts 1 through 7 al ihown on Map No.
11205 (Un1t 1) and the recently approved Tentative Subdivhfon Map showing
Unfts 2 through 7. Attachment .A" shows the proposed bounda!')'. The owner
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will tnltall the n.c.llary landscaping and 1rrigltion .t no expense to the
'C1~. Th. '.ndsc:ap1ng w111 be complete and esubl1shed by the petitioner
prior to .cceptance by the 'City on beh.'f of the proposed optn Iplee
. ..tntenance d1ltrict. There will be 882 benefiting prop.rties on the
1.1t..lent rol,. within the proposed dfstrict. At the present time. there are
U9 ben,f1t1nll properties (199 EDU) on the autlsment rolls Within the
,ropolld dtatr1ct in Unit 1. The estimated annuIl'II.1nunane. cost to be
.I..,..d each new EDU in Unit 1 11 approxillately $85. Attachment "B"
tndlc.tel the l11ocat1on of costs for tach tot In Unit 1 .. shown on Map
11206. Total annual ..intenance costs In connection with Untt 1 .re elt1mated
at "1.'60 p.r ,.er ("1 Attachment "CM).
., "solution No. 11193 C1~ Counctl acce~ted title to Loti 200, 201 end 202
for op.n .pacI tn Unit 1. Thesl lots (25.3 acres' are .11 included within the
Dtalrlct. Also tnclu!ed .h,.'Pllrlllltl!l't"l ..,~JiW~ -~~.. hn
1 RlJJUl.QnL"'E.st~'H";at....t':"dJ.~II\~/lQ'f:tn,.fIl!bdtv'., .', '1
..:.tR1~:t.d "open"'.p..ce~""'!fo~aW!l!.even'MInlt.~H~~~., .cres~~n~ 1
f1nll .aps .... .pproved. TbwOl ..'~ . _ ntt;;;3.dll~1I.:. .,
I'flhnot o".,fncluded-fn..t~" P eLm&: n It w111 be
..intlin.d by our Parks Ind'Recr..tion Department.
Ionlta Long ClnYon Partnership 11 the present owner or 111 the auessed
properties except those owned by the Ci~. The responsibt11ty for paying the
open spice lIa1 ntenanee ISsessment.. w111 be c nve.yed. ~ th "eh..Rto\~!,~g
prop.rti.. II tho.. prop,rties .... sold. "..,. p, "., e
~ropos.4 to ,c U.:.ell.f IIIDd~Uiltabt;-:udi t1~1"" cQJ'.daIlCt~~h
.,tntfl(i.rtce1Y.d,'" A mapSliowTnf"l e proposed dlltrict. ie"OiiiiiiPI'CI
r.l. .nd the:benef1t1ri~ properties is attached.
Th. Landsclpe Archttect and the Perks end Recreation Department hive reviewed
and .pproved the pllns for lendscaping work in Unit 1.
FISCAL IMPACT. tlone.
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Councjl Members:
In an effort to keep the meeting flowing and try to eliminate !he redundancy of multiple speakers. many of !he Sunbow
residences have collectively formed the following statement of concerns.
We have basically !hree areas of concern. First and most importantly. we do not believe !he budget for !he 91-92 open
space assessment should be approved at this time. It is our contention !hat !hese estimates are inaccurate and require
further investigation. Second. we are opposed to !he emergency ordinance to raise !he reserve by 50%. Third, we are
formally announcing our dissatisfaction wi!h the current holder of !he landscaping contract for our open space. Briefly.
!he following reasons support our concern.
1. Landscaper: R.C. Landscape Maintenance holds our contract along wi!h open space I. 3,4,5,7.8.9.10. and Bayfront
Trolly Station. Our schedule requires R.C. landscape to service our open space on Mondays and Wednesdays. On bo!h
days !hey are scheduled to be work the full day (See attachments 1 and 2). Currently. they have only been servicing our
area on Tuesdays for half a day or less. As part of !heir responsibilities, they are required to clear the brush from the open
canyons in our area. This has not been done. Currently the brush is waist high and extremely dry. As a result. one
resident was denied fire insurance. The insurance company declared the area a fire hazard. For !he most part. !he
landscaper only mows and trims !he hedges. Informed by your staff !hat !his is a performance contract, we formally
stating !hat we do not approve of their performance. and !hat they are not fulfilling !heir contractual responsibilities.
Al!hough we do not know what is happening to all the o!her areas. if our service are any indication. then perhaps it is time
to re-evaluate !he service contract held by R.C. Landscape.
2. We do not approve the emergency ordinance proposal to raise the contingency reserve by 50%. According to
Regulations regarding Open Space Districts Section 17.07.030. an assessment equivalent to 10% of the previous year's
budget may be collected. so !hat after five years of generation !here shall be an accumulated reserve. for operations for !he
first 6 months of each fiscal year. (Attachment 3). Since our open space is only 2 years old. we do not foresee any
unusually high expenditures to be associated wi!h maintaining our area. Following the guidelines previously established
should more than cover any expenditures associated with our space. We were also informed by the county !hat !he city
receives 13 checks each year from our assessment fund. !herefore. you should not be experiencing a problem of operating
without funds.
3. The final item we would like to bring to your attention. concerns !he approval of !he fiscal budget for 91/92 regarding
open space. At this time we do not believe !he budget should be approved. It is our belief that a postponement date of
30-45 days should be scheduled to allow further investigation into the matter. We have found several discrepancies in the
proposed budget. Alerting your staff to !hese findings has already resulted in two reductions to the proposed budget.
There is much documentation suggesting our open space budget has flaws and a weak audit trail as to actual expenditures
incurred. We have researched many items independently and can provide this documentation to you and your staff.
There are still many unanswered questions regarding !he budget and where !he previous years funds have gone. We are
fully aware that this is a time consuming project. However. in !he brief time we have worked wi!h your staff we have
already seen a reduction of approximately 16% in the budget. an average of $60.00 per unit. To date, no one has been
able to present to us !he past expenditures relating to our open space. We are a relatively new open space. We would like
to see our space maintained and our budget handled in a responsible manner. That is why we are here tonight to voice our
concern. While we want to see !he matter cleared. we also want to establish and maintain a good working relationship
wi!h !he city and Parks and Rec. Dept.
We are fully aware of the amount of work involved in rectifying this matter. That is why we are requesting a continuance
before approving !he budget for our open space. We are willing to offer any assistance to your staff. We are available
for conferences. site inspections. planning, questions, recommendations. etc. We would like to see a team solution
regarding !his matter. We will gladly present any documentation we have obtained in an effort to ease !he burden on your
staff. If you or your staff have any further questions or comments. We will be happy to answer any now or schedule an
appointment at a future date.
Thank you for the opportunity to present our views regarding this matter.
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(commenc; ng '.wi th " Sectf on~~~~2S00 )~~ofA.thet'-5tref:!ts;rli,and.:ttlj ghwan:~Code'~1s
1 ncorporated :'f n':and:,made!~1!!Pa rt.tof~hf .s;;~r~f ~ance .~~.xc~pt~.aSL.[Dth~r'\rIJse
provf ded 'f nthf s' Chapter ;,.;1 7 .07 .i!!al1j,~nnual.il;assessment~t:.pceaures~or;~l1
ex; sti ng Open Space, Oi stri cts ,:in~t~e .iti ty;;p~rsHa!lt :J:o~, t~e tfhuiaj;Vf sta ,'OPell~~:';'"
,Space 'Oi strf ct ..Procedural'Or,dfnance,:<of ',\TIl972. ~s~well ~.as]Jll~-!lthe..rtproce~ur:f!s;i'~;(~,,:
for,.the organf za,tfon."1 evyi ng and, collecUon 'Of'?SS~Ssme!lt.s~and"(fil1ancin90f~~~~t:r
new .and: ~xi sting open spacedistricts.shall!~be!,fn '~accordance-wfth.,the ' ,"
provfsfonsofthe Landscapfngand LighUng"'t"Of,'J972.as . same may be amended
from time to tfme fOrd 2331 S5 '1989)L~,.:."""",,".kc"',~:" '
17.07 .0"; . ....~. "'~u~, F.,,;'!ff:5'f;J"if!'<;. . '
Each Open Space District shall. upon creation~'.'have .c"added to the
assessment an amount equfva1ent" to ten perceiltof.:theprevious year's
operating budget, so that after five years of 'generation, there shall be
accumul ated a ,reserve of fifty percent of the prevfous,year's operating
budget. There~fter the reserve shall be maintained to provide necessary cash
flow for operations for the first six months of each fiscal year. (Ord. 2332
$6 1989).
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17.07.040 Change 'to Streets and Highways Code Section 22525.
II 'Improvement' means one or any combination of the fo1Jowingt
,
(a) The installation of planting of landscaping.
(b) The installation or construction of statua,ry, fountains, and other
ornamental structures and facilities. .
(c) The installation or construction of public lighting facilities.
(d) Native p1antings and open space areas, including natural drainage
facilities.
(e)The installation or construction of'any facilities which are
appurtenant to any of the foregoing or, which are necessary or
convenient for the maintenance or servicing thereof, including
grading, clearing, removal of debris, the installation or construction
of curbs, gutters, walls, sidewalks, or paving, or water, irrigation,
drainage, or electrical facilities.
(f) The install ati on of park, recreational, or open space improvements,
including, but not limited to, all of the following:
(1) Land preparation, such as grading, leveling, cutting and filling,
sod, landscaping, irrigation systems, sidewalks, and drainage.
(2) Lights, playground equipment, play courts, and public restrooms.
610
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Item No. 28
July 2, 1991
FROM:
John D. Goss,
Mayor and City
City ManageM
Report from :~e
Council
TO:
The Honorable
SUBJECT:
July 9, 1991
Commission
Chula Vista Cultural Arts
Included on the July 9, 1991 Council Agenda is a report from the
Chula Vista Cultural Arts Commission requesting $4,000 from the
General Fund. The requested funds would be used by the Commission
to match a donation from the Baldwin Company for the purpose of
hiring a consultant to plan and organize a Cultural Arts Faire in
May 1992. This request for funds was just received by our office
and was not submitted as part of the regular budget process. No
budget review was conducted regarding this expenditure.
While it is recognized that a festival of this caliber would be
beneficial to the community it is instead recommended that first
the Commission attempt to procure the funding required from other
private donors. If the Commission is unable to obtain such funding
it is recommended that this item be placed on the "wish list" along
with other desirable budget proposals that are still pending.
cc: Cultural Arts Commission
(faire)
2.$-1
COUNCIL AGENDA STATEMENT
Item M
ITEM TITLE:
Meeting Date 7/9/91
Report - Chul a Vi sta Cultural Arts Commi ss i on Cultural Arts
Faire
Resol ut i on It. '/.';1 Appropri at i ng
unappropriated balance of the General
funding for consultant services
$4,000 from the
Fund to provide matching
SUBMITTED BY: Chula Vista Cultural Arts Commission
(4/5ths Vote: Yes-x-No___>
The Chula Vi sta Cultural Arts Commi ss i on wi shes to sponsor a Cultural Arts
Faire. The Commission plans to utilize the services of a professional
consultant to assist them with planning, organizing, and conducting the Faire.
COM~1.RECOMMENDS: That Council accept the report and approve the reso I ut ion
appropriatlng funds to help offset the costs of a consultant.
DISCUSSION:
The Chula Vista Cultural Arts Commission wishes to sponsor a Cultural Arts
Faire. The Faire is scheduled for the first two weekends in May of 1992. The
Commi ss ion envi si ons that thi s wi 11 be an annual fest i va 1 des i gned to
celebrate Chula Vista's creative arts heritage and to recognize and highlight
the City's di versifi ed ethni c background in the arts. The Commi ssi on's goal
is to sponsor a unique festival celebrating Chula Vista's cultural diversity,
while promoting community pride and qual ity in the cultural arts as well as
creating a community identity. The Chula Vista 2000 Cultural Arts
Subcommittee included a multi-cultural arts festival as part of their
recommendations at the conclusion of the CV 2000 process.
A Cultural Arts Faire Subcommittee has been meeting for several months
developing a plan of events for the Faire. These events include:
1. A pi ano concert by the renowned Gustavo Romero, who grew up in Chul a
Vista.
2. Original theatre involving Southwestern College, Onstage Productions, and
the Chula Vista High School Performing Arts Group.
3. local artist and writer luncheons.
4. A community mural project.
5. Multi-cultural street dancers.
6. A food and flower show.
t.f..1
Page 2, Item
Meeting Date
~l
7/9/91
7. A band festival.
8. A film festival.
9. A juried art show.
10. A church choral festival.
11. An ethnic food festival.
The Subcommittee also is recommending a logo design contest, which would
i ncl ude adults, hi gh school students, and el ementary school students. Pri zes
will be awarded to winning artists, and the logo(s) will be utilized in
publicity and promotion of the event.
The Cultural Arts Commi ss i on supports the Fa ire Subcommi ttee' s recommendation
to hire a professional event consultant to assist them in the planning,
organization and ultimate presentation of the Faire in the spring of 1992.
The Ba 1 dwi n Company has donated $4,000 to be used as seed money for the
Faire. This funding, in addition to a matching amount from the City, will
provide adequate funding to bring a consultant on-board and will help ensure
that the Cultural Arts Faire is a success. First year success, in what is
hoped to be an annual event, is critical in locating and attracting sponsors,
participants, and spectators for subsequent events.
FISCAL IMPACT: $4,000 woul d be appropri ated from the unappropri ated balance
of the General Fund to Account 100-0126-5211.
WPC 1681R
~i. ....
RESOLUTION NO. 11.2.S' J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING GIFT OF $4,000 FROM THE
BALDWIN COMPANY, AND APPROPRIATING $8,000 FROM
THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND
TO PROVIDE MATCHING FUNDING FOR CONSULTANT
SERVICES
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the Chula Vista Cultural Arts Commission wishes
to sponsor a Cultural Arts Faire; and
WHEREAS, the Commission envisions that this will be an
annual festival designed to celebrate Chula vista's creative arts
heritage and to recognize and highlight the City's diversified
ethnic background in the arts; and
WHEREAS, the Cultural Arts Commission supports the Faire
Subcommittee's recommendation to hire a professional event
consultant to assist them in the planning, organization and
ultimate presentation of the Faire in the spring of 1992; and
WHEREAS, the Baldwin Company has donated $4,000 to be
used as seed money for the Faire.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby accept the restricted gift of
$4,000 from the Baldwin Company and appropriate $4,000 from the
unappropriated balance of the General Fund to Account
100-0126-5211 to provide matching funding for consultant services
for a Cultural Arts Faire.
Presented by
Approved as to form by
Jess Valenzuela, Director of
Parks and Recreation
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SuiteC-12
Chula V~ta, CA 91911
16191429-6777
FAX 429686S
EXACTA
Graphic Specialist
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1989-90 ACTUAL PROJ I~V EXPEND. EST FUNO 1991-92 RESERVE FUNDS ASSESSMENT
BALANCE ASSESSMENT EARNINGS APPROI' SAVING~ ,BAlANCE IlIIlGET REQUIREMNTS NEEDED REQUIRED
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26.981 36.026./ 2.0)0 41.850 0 23.157' 44.540 22.270 66.810 43.653
11.047 7.614./ 1.0lO' 11.500 0 8.161 11.400 5.700 17.100 8.939
9.363 ~ 1.0JO 44.290 0 14.764 42.990 12.897 55.887 41.123
26.928, +'56.5115~ 2.0lO 57.260 0 : 28.252 48.480 24.240 n.no 44.468
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10.818 19,693:,- 1.0lO 21.050 '0. I . 10.461 ' 21,710 10.855 32.565 22.104
9.392 11,045,,' 1.0JO 13,560 0 \ 7,877, 11,530 5.765 17.295 9.418
11.337 49,601 1.0JO '! 44,660 C 0 0 17.278 44.960 20.232 65.192 47,914
68.840 31.419/ 5.0lO ,/60,110,;; 0 45,149 rj: 53,540, 26.770 80.310 35,161
37.381 38.6621 2.000 ,,'J ~10" -.....h 0 , 2l!.232C ,I ~.140 24.570 73.710 45.478
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6.222 11.945' 0 13.850 0 4.317' 13.370 4,011 17.381 13.064
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17.07.020 Incorporation of the landscaping and lighting Act of 1972.
The landscaping and lighting Act of 1972, Part 2 of Oivision 15
(commencing with Section 22500) of the Streets and Highways Code is
incorporated in and made a part of this ordinance. Except as otherwise
provi ded in this Chapter 17.07, all annual assessment procedures for all
exi sti ng Open Space Di stri cts in the Ci ty pursuant to the Chul a Vi sta Open
Space District Procedural Ordinance of 1972, as well as all other procedures
for the organization, levying and collection of assessments, and financing of
new and existing open space districts shall be in accordance with the
provisions of the Landscaping and Lighting Act of 1972, as same may be amended
from time to time. (Ord. 2331 S5 1989).
17.07.030 Reserve Operating Fund. ~
Each Open Space District shall, upon creation, have added to the
assessment an amount equivalent to ten percent of the previous year's
operating budget, so that after five years of generation there shall be
accumul ated a reserve of fifty percent of the previ ous year I s operating
budget. Thereafter the reserve shall be maintained to provide necessary cash
flow for operations for the first six months of each fiscal year. (Ord. 2332
S6 1989).
17.07.040 Change .to Streets and Highways Code Section 22525.
"'Improvement' means one or any combination of the following:
(a) The installation of planting of landscaping.
(b) The installation or construction of statuary, fountains, and other
ornamental structures and facilities. .
(c) The installation or construction of public lighting facilities.
(d) Native plantings and open space areas, including natural drainage
facilities.
(e) The install ati on or constructi on of any facH i ti es which are
appurtenant to any of the foregoing or which are necessary or
convenient for the mai ntenance or servicing thereof, inc1 uding
grading, clearing, removal of debris, the installation or construction
of curbs, gutters, walls, sidewalks, or paving, or water, irrigation,
drainage, or electrical facilities.
(f) The installation of park, recreational, or open space improvements,
including, but not limited to, all of the following:
(1) Land preparation, such as grading, leveling, cutting and filling,
sod, landscaping, irrigation systems, sidewalks, and drainage.
(2) lights, playground equipment, play courts, and public restrooms.
610
(R 10/90)
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COfIII1"JI/loCTNO Loc.-TIOtoI ..,. I'. P.O. BOX 12
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THIS BIll DUE AIID PAVAlLE
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DATE PAST DUE> IUll/90
CMIC::a __. MIlDI M?... '0 ~,DG&I'
PAGE
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02-.029-4435-0, 1191 MEDltAl ttR DR 28182 Ia 21ll 255, 11. .O~ . 21.29
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02-402~35-0. 1191 HEDICAL CTA DR 2U811 255 2311 11" .06 . 21.58
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-"-,,,. SAN DIEGO. CALIfORNIA 12112
JUL "6 1990
THIS I'lL DUE AIID 'AVAlLE
UPOII 'RESEIlTATlDII
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ACCOUNT
NUMBER
913-0826-16
1250 MEDICAL CENTER DR
YATER SYSTEM FEE
SERVICE DATES FROM 03/22/91 TO 0~/22/91 (31 DAYSl
WATER CHAR~E FOR 8 UNITS (READS 2369 TO 23771
ENER~Y CHAR~E ..06920 PER UNIT OF YATER CONSUMED
30.00
11.68
0.55
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ACCOUln
NUMBER 91 '3-0827-1 5
""~~~:~~~:~~r'-I
CENTER DR
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WATER SYSTEM FEE
SERVICE DATES ~ROM 0'3/e2/'1 TO 04/22/'1 C'31 DAYS)
'30.00
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FINAL PAYMENT DATE 05/16/'1
30.00
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ACCOUNT
NUMBER
913-0828-14
SERVICE
ADDRESS
1192 8UNDOl./N LN
WATER SYSTEM FEE
SERVICE DATES ~RO" 03/22/91 TO 04/22/91
l./ATER CHAR~E ~OR 8 UNITS (READS 2e64 TO
ENER~Y CHAR~E ..06920 PER UNIT ~ l./ATER
30.00
(31 DAYSJ
2272J
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12.00
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FINAL PAYI'IENT DATE 05/16/91
42.55
CONSU~TION THIS MONTH 5,984 val..
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ACCOUNT
NUMBER
913-0829-13
. .
..
YATER SYSTE" FEE
SERVICE DATES FRO" 03/22/91 TO 0~/22/91 (31 DAYS)
YATER CHAR~E FOR 9 UNITS (READS 2578 TO 2587)
ENER~Y CHAR~ ..06920 PER UNIT OF YATER CONSUI'ED
30.00
13.50
0.62
PLEASE PAY THIS MOUNT
FINAL PAYIENT DATE 05/16/91
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ACCOUNT
NUMBER
913-0830-10
'-lATER SYSTEM FEE
SERVICE DATES FRO" 03/22/91 TO 0~/22/91 (31 DAYS)
30.00
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FINAL PAYMENT DATE 05/16/91
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NUMBER
9t 3-0831-19
SERVICE
ADDRESS 1098 PACIFIC HILL 8T
UATER SYSTEM FEE
SERVICE DATES FROM 03/22/91 TO 04/22/91 (31 DAYS)
WATER CHARGE FOR 2 UNITS (READS 468 TO 470)
ENERGY CHARGE., 06920 PER UNIT OF WATER CONSUI'tED
PLEASE PAY THIS MOUNT
FINAL PAYMENT DATE 05/16/91
CONSUMPTION THIS MONTH
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ACCOUNT
NUMBER 913-0836-14
.f;::S~fif;~~;':;~~T.'~,' ,
CENTER DR
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WATER SYSTEM FEE
SERVICE DATES ~ROM 03/22/91 TO 04/22/91 (31 DAYS)
WATER CHAR~E FOR 44 UNITS (READS 17157 TO 17201)
ENER~Y CHAR~E ..06920 PER UNIT OF WATER CON8U~D
30.00
I
66.00
3.04
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FINAL PAY~NT DATE 05/16/91
99.04
CONSUMPTION THIS MONTH
32,912 gal..
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. ACCOUNT
NUMBER 913-08]7-13
.
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"
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WATER SYSTE" FEE
SERVICE DATES FRO" 03/22/91 TO 04/22/91 (31 DAYS)
WATER CHAR~E FOR 36 UNITS (READS 10654 TO 10690)
I!:NEIIt~Y CHAlltc;e: .. 06'20 ~ER UNIT CJlIr WATER CONSUPlED
30.00
54.00
2.'"
PLEASE PAY THIS A"OUNT
FINAL PAY~NT DATE 05/16/91
86.49
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CONSU~TlON THIS I10NTH
26,92S gal..
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660 EAST NAPLES
YATER SYSTE" FEE
SERVICE DATES FRO" 03/22/91 TO O~/22/91 C31 DAYS)
WATER CHAR;E FOR 6 UNITS CREADS 2017 TO 2023)
II!:NI!!:~l;Y CHMl;1I!: .. 06'l!0 ~ER UNIT OF "ATE~ CONSUI'III!:D
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FINAL PAY~NT DATE 05/16/91
39.~1
CONSUMPTION THIS "ONTH
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:g~~k~~ 60t DINtOND HEAD CT
. . ..
WATER SYSTE" FEE
SERVICE DATES FRO" 03/22/91 TO 04/22/91 (31 DAYS'
WATER CHAR~E FOR 4 UNITS (READS 79S TO S02'
ENER~Y CHAR~E ..06920 PER UNI T OF WATER CONSV.....D
30.00
6.00
0.27
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FINAL PAY~NT DATE 05/16/91
36.27
CONSUMPTION THIS ftONTH
2,992 gal..
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SERVICE
ADDRESS
1 t to "EDICAL CENTER DR
. . -
~ATER SYSTE" FEE
SERVICE DATES FRO" 03/22/9t TO 04/22/9t (3t DAYS)
WATER CHARGE FOR 3 UNITS (READS 49t TO 494)
ENERGY OlARGE .. 06geo PER UNIT OF ~ATER CONSU~D
30.00
4.50
o.eo
PLEASE PAY THI S A"OUNT
FINAL PAY~NT DATE 05/16/'1
34.70
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,
YATER SYSTEM FEE
SERVICE DATES FRO" 03/22/91 TO 0~/22/91 (31 DAYS)
WATER CHARGE FOR 1 UNITS (READS 327 TO 328)
ENERGY CHA"GE ., 06'J20 ..~ UNI T OF WATER CONSUMED
30.00
1.50
0.06
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FINAL PAYMENT DATE 05/16/91
31.56
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CONSUMPTION THIS MONTH 7~8 gal.,
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YATER SYSTEM CHAR~E
SERVICE DATES FROM 02/21/91'TO 03/22/91
YATER CHAR~E FOR 1 UNITS (READS 2368 TO
ENER~Y CHAR~E ..06920 PER UNIT OF YATER
30.00
(29 DAYSl
23691
CONSUMED
1. 17
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FINAL PAYMENT DATE 0~/16/91
31.23
CONSUMPTION THIS
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SERVICE DATES FROM 02/21/91 TO 03/22/91 (29 DAYS)
30.00
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~INAL ~AYHENT DATE 0~/16/'1
30.00
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~ATER SYSTEM CHAR~E
SERVICE DATES FROM 02/21/91 TO 03/22/91 (29 DAYSI
WATER CHAR~E FOR 1 UNITS (READS 2263 TO 22641
ENERQY CHARQE ..06920 PER UNIT OF YATER CONSUMED
30.00
1.17
0.06
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FINAL PAYMENT DATE 04/16/9'
31.23
CONSUMPTION THIS MONTH
748 V.I..
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ACCOUNT I SEAJICE
NUMBER 913-0829-13 . ADDRESS 698 EAST N~
WATER SYSTEM CHAR~E
SERVICE DATES FROM 02/21/91 TO 03/22/91 (2' DAYS)
30.00
PLEASE PAY THIS AMOUNT
FINAL PAYMENT DATE 04/16/91
30.00
.,..,................__..4 J.'" J ,1..,<<, 'oft ..........., ..._______.._.._
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SERVICE DATES FROM 02/21/91 TO 03/22/91 (29 DAYS)
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FINAL PAYMENT DATE 04/16/91
30.00
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NUMBER
UATER SYSTEM CHARQE
SERVICE DATES FROM 02/21/91 TO 03/22/91 (29 DAYS)
30.00
PLEASE PAY THIS AMOUNT
FINAL PAYMENT DATE 04/16/91
30.00
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YATER SYSTEM CHAR~E
SERVICE DATES FROM 02/21/91 TO 03/22/91 (29 DAYS)
YATER CHAR~E FOR 8 UNITS (READS 17149 TO 17157)
ENER~Y CHAR~E ..06920 PER UNIT OF YATER CONSUMED
30.00
9.36
0.55
PLEASE PAY THIS AMOUNT
FINAL PAYMENT DATE 04/16/91
39.91
CONSUMPTION THIS MONTH
5.984 g.l..
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Th1. 1. th. ~1~th y..r o~ . C.l1forn1.drought, pl.... do .11
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ACCOUNT
NUMBER
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WATER SYSTEM CHAR;E
SERVICE DATES FROM 02/21/91 TO 03/22/91 (29 DAYS)
WATER CHAR~E FOR 118 UNITS (READS 10536 TO 10654)
ENER~Y CHAR~E ..06920 PER UNIT OF WATER CONSU"ED
30.00
138. 06
8.16
PLEASE PAY THIS AMOUNT
FINAL PAY~NT DATE 04/16/91
176.22
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CONSUMPTION THIS MONTH 88,264 val..
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'.. .you can .'t~. ~duc. w.t.r-c;o~~~'tJon. ~_,_"..~, n-i--'""-.::'_Z: -:.:.:.:J ... __... ~_~.. . ~'-.sto _...
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SERVICE DATES FROM 02/21/91 TO 03/22/91 (29 DAYS)
PLEASE PAY THIS AMOUNT
FINAL PAYMENT DATE 04/16/91
~~__....___....:._.--ft~4 ... ... .
, Thl. 1. ~~ flf~h y..r of a Callfornla~ough~, pl.... do all
1; vou c.n ~o ~duc. .wat.r consullptlon..;.:;..,i....~:'~.__,,;...:.-' ;":,~;...,.;,.,.,.
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NUMBER
91 :!-OSU-1 7
I SERVICE
! ADDRESS
601 DIAMOND HEAD
WATER SYSTEM CHARQE
SERVICE DATES FROM 02/21/91 TO 03/22/91 (29 DAYS)
30.00
PLEASE PAY THIS AMOUNT
FINAL PAYMENT DATE 04/16/91
30.00
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ACCOUNT I SERVICE
NUMBER '!II ~-Oa&a-l ~ ADDRESS 1110 ME:DlCAl..-C
.. -
UATER SYSTEM CHARGE
SERVICE DATES FRO" 02/21/91 TO 03/22/91 (29 DAYS)
30.00
I
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FINAL ~AYHENT DATE 04/16/91
30.00
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ACCOUtH
NUMBER
.,. -
YATER SYSTEM CHAR~E
SERVICE DATES FROM 02/21/91 TO 03/22/91 (29 DAYS)
30.00
~
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FINAL PAY~NT DATE 04/16/91
30.00
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_ you ~.!' ~o ~.duc.. ~.~-'~ ..,:'J:,.,!).,eullpt i ~'L.2''o.i;,:..;...;~..:.>"~~c;..., i.~~,~. ;. ',,"
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ACCOUNT
NUMBER
'11-0826-16
SE RVICE
ADDRESS 1250 "ED I CAL CENTER DR
'. -
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~ATER SYSTEM FEE
SERVICE DATES FROM 0'/23/9' TO 02/2'/91 (29 DAYS)
WATER CONSU~D 44 UNITS (READS 2324 TO 2368)
ENERGY FEE .,06920 PER UNIT OF WATER CONSU~D
10.00
.
51.48
3.04
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TOTAL CHARGES DUE
FINAL PAY~NT DATE 03/'8/91
84.52
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Thi. i. th. fifth y..r of . C.liforni. drought, pl.... do .11
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ACCOUNT
NUMBER
913-0827-15
1251 MEDICAL CENTER DR
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WATER SYSTEM FEE
SERVICE DATES FRO'"' 01/23/91 TO 02/21/91 (29 DAYS)
WATER CONSUtED 20 UNITS (READS 1918 TO 1938)
ENERGlY FEE ..06920 PER UNIT OF WATER CONSUtED
30.00
23.~0
1.38
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FINAL PAY tENT DATE 03/18/91
54.78
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ACCOUNT
NUMBER
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'J.; t I r :-~: :':_~:~~i.'~i,2-:;(f;~~~~:~':.~.~?:~'~:"
913-0828-14
11 92 SUNDOWN LN
. - -
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WATER SYSTE" FEE
SERVICE DATES FRO" 01/23/91 TO 02/21/91 (29 DAYS)
WATER CONSU~D 2<4 UNITS (READS 2239 TO 2263)
ENERGY FEE ..06920 PER UNIT OF WATER CONSUI'IED
30.00
28.08
1.66
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TOTAl. CHARgES DUE
FINAl. PAY~NT DATE 03/18/91
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ACCO~NT
NUMBER
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913-0829-13
SERVICE
ADDRESS 698 EAST NAPLES
~ATER SYSTE" FEE
SERVICE DATES FRO" 01/23/91 TO 02/21/91 (29 DAYS)
YATER CONSUI'IED 27 UNITS (READS 1!S51 TO 1!S78)
ENERgy FEE ..06920 PER UNIT OF YATER CONSUPlED
::so. 00
31.59
1.86
TOTAL CHARGES D~
~INAL PAYI'IENT DATE 03/18/91
63.45
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ACCOUNT
NUMBER
913-0830-10
:~~~~~~ '87 EAST NAPLES
. - -
WATER SYSTE" FEE
SERVICE DATES FRO" 01/23/91 TO 02/21/91 (29 DAYS)
WATER CONSUI'IED 3 UNITS (READS 270 TO 273)
ENERGY n:E ..06920 PER UNIT Of" WATER CONSUPED
.
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TOTAL CHAR;ES DUE
FINAL PAYI'IENT DATE 03/18/91
30.00
3.51
0.20
33.71
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Thi. i. the ~i~th y.ar o~ . C.li~orni. drought, pl.... do '.11
you can to help r.duc. wat.r consumption by fift..n perc.nt.
',; :X~:i~'::'"J:.~ :)ft~.~i;E,~;~"';:~1\\:;;~:.;3~~~:~',,;~;' : .:\t,. ;~r:~..t/!~:'JirTi~:zT:::Z-!i~
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ACCOUtn
NUMBER
91 3-0831-19
SERVICE
ADDRESS 1098 PACIFIC HILL IT
. ~.~.~~ ~~~A.(~:'{!;:;~f;~~:~~~-::~cT:~, I~il:' r j ;.' . .
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.
WATER 8Y8TE" FEE
SERVICE DATES FRO" 0'/23/" TO 02/2'/" (2' DAYS)
WATER CONSU~D 5 UNITS (READS 463 TO 468)
ENERGY FEE ..06920 PER UNIT OF WATER CONSUPED
30.00
5.85
0,34
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TOTAL CHAR;ES DUE
FINAL PAY~NT DATE 03/'8/"
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Thi. i. th. fifth y..r of . C.lifornia drought, pl.... do .11
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ACCOUNT
NUMBER
.. """-:-;r~~?~~~~~::~.~~~< .-:
I " .r'~f--~~...r~~'~. :;~~ ~.;.... ~!':~.?'f.' .~
9t 3-0836-t..
9t 0 tEDICAL CENTER DR
. - --
..'
WATER SYSTE" FEE
SERVICE DATES FROM 01/23/9t TO 02/21/91 (29 DAYS)
WATER CONSUtED 52 UNITS (READS 17097 TO 171~9)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUtED
30.00
60.8~
3.59
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FINAL PAY tENT DATE 03/18/91
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.l:j?l;~~j~f~;,;ff!j:~~:f!".1(;~:/.~1q~:;:~:<;:' ?:'.....
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SERVICE
ADDRESS
913-0837-13
911 MEDICAL CENTER DR
WATER SYSTEM FEE
SERVICE DATES FRO" 01/23/91 TO 02/21/91 129 DAYS)
WATER CONSUMED 108 UNITS IREADS 10428 TO 10536)
EIER~Y FEE ..06920 PER UNI T OF WATER CONSUPED
30.00
126.36
'7.47
TOTAL CHARGES DUE
FINAL PAYMENT DATE 03/18/91
163.83
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NUMBER
~:_~~':_'.;~;;~7t~~:p~~~~(.:~:;.
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913-0865-18
, SE RVICE
ADDRESS 660 EAST NAPLES
, .
-
WATER BYBTE" FEE
SERVICE DATES FRO" 01/23/91 TO 02/21/91 (29 DAYS)
WATER CONSUMED 18 UNITS (READS 1999 TO 2017)
ENERGY FEE .,06920 PER UNIT OF WATER CONSUMED
30,00
.,
21.06
1. 2..
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FINAL "AY~NT DATE 03/18/91
52.30
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ACCOUNT
NUMBER
913-0866-17
SERVICE
ADDRESS 601 DIN10ND HEAD CT
YATER 8YSTE.. FEE
8ERVlCE DATES FRO" 01123/91 TO 02121/91 (29 DAYS)
WATER CONSU/'lED 11 UNITS (READS 787 TO 798)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSU~D
30.00
12.87
0.76
TOTAL. CHAR;ES DUE
FINAL. PAY/'lENT DATE 03/18/91
43.63
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ACCOUNT
NUMBER
913-0868-15
:g~~~;~ 111 0 "ED I CAL CENTER DR
. -
'.
WATER SYSTE" FEE
SERVICE DATES FRO" 0'/23/" TO 02/2'/" (2' DAYS)
WATER CONSUI'ED 6 UNITS (READS 485 TO 491)
ENER~Y FEE ..06920 PER UNI T OF WATER CONSUI'ED
30.00
7.02
0.41
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FINAL PAYI'ENT DATE 03/18/91
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of . C.liforni. drought, pl.... do .11
w.t.r consu.ption by fift..n p.rc.nt.
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ACCOUNT
NUMBER
913-0869-14
1252 "ED I CAL CENTER DR
YATER SYSTE" FEE
~ SERVICE DATES FRO" 01/23/91 TO 02/21/91 (29 DAYS)
.;.;. WATER CONSU~D 2 UNITS (READS 325 TO 327)
ENERGY FEE ..06920 PER UNIT OF WATER CONSU~D
30.00
2.34
0.13
TOT AL CHARGES DUE
FINAL PAY~NT DATE 03/18/91
32.47
...................... R E " I N D E R......................
Thi. i. th. ~i~th y..r o~ . C.li~orni. drought, pl.... do .11
you c.n to h.lp r.duc. w.t.r consu.ption by ~i~t..n p.rc.nt.
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ACCOUNT
NUMBER
913-0826-16
, SERVICE
ADDRESS 1250 IRR MEDICAL CENTER DR
, . .
UATER SYSTEM FEE
SERVICE DATES FROM 12/18/90 TO 01/23/91 (36 DAYS)
UATER CONSUMED 2 UNITS (READS 2322 TO 2324)
ENER~Y FEE ..06920 PER UNIT OF ~ATER CONSUMED
30.00
2.34
0.13
,
5(080
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FINAL PAYMENT DATE 02/13/91
32.47
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PLEAsEI<EEP"THEAREA'jN :AND '~OUND YOuR tETER"X ',a..EAN AND~"
UNOBSTRUCTED .'. ,:, "-' . :,- "c,,' '''', <..,',,~,: ''''-.' ',,,,::,,,, ",,,,' ,':',,: ,,'.;
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ACCOUNT
NUMBER
.~. -..~..' ......4.~1',;:.__,.""- - . I
l '!->oi. (' ~ r ~- - ,
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913-0827-15
1251 IRR MEDICAL CENTER DR
YATER SYSTEM FEE
SERVICE DATES FROM 12/18/90 TO 01/23/91 (36 DAYSl
YATER CONSUMED 2 UNITS (READS 1916 TO 19181
ENER~Y FEE ..06920 PER UNIT OF YATER CONSUMED
TOTAL CHAR~ES DUE
FINAL PAYMENT DATE 02/13/91
30.00
2.34
0.13
32.47
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;tPLEASE J<EEP'THEMEA 1N D '~ciUND':YOUR . . , '.AND '
UNOBSTRUCTED. . :~~~..' ~-~, ..._-~.:'";' _.:;~-:..:~?(-- .,~~..)..~::""'.,.;t~,.;+i~:_-:.;\~~~:-::~.~< S''':..::t--'- ..;:'
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ACCOUNT
NUMBER
913-0828-1'"
11 92 I RR SUNDOIoJN LN
~ATER SYSTEM FEE
SERVICE DATES FROM 12/18/90 TO 01/23/91 (36 DAYS)
~ATER CONSUMED 1 UNITS (READS 2238 TO 2239)
ENERQY FEE ..06920 PER UNIT OF WATER CONSUMED
30.00
1.17
0.06
TOTAL CHARQES DUE
FINAL PAYMENT DATE 02/13/91
31.23
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.11 you ~.n to h.lp r.du~. w.t.r ~on.u.pt1on by t.n p.r~.nt.
'; .pLEAsE 1<EEP~'1'HEMEA NAADMOUND : OUR '. TER. ;4EAN~;;,' .:.
.'....OBSTRUCTED <}..,. ,.f.>,,>.> """~., ",' '&' '.~;:'..,"",',.~,'.;;t:' -:>;',C. ,/i.t;fi;.,~,:C"~
'-,;'''''''.. , . _' . _,. :-:""J~"'.-i'- "'-,t,...', -.~- .._~...~-"~....-:.~~-~. _;1"-;'..'....,_"".. ,-'..~ . --."...-.." ~...:.~..,.- ,--";!''J."..,. v,'."'-"-,'
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ACCOUNT
NUMBER 913-0829-13
~~'- ", -"}~.f.f~;~.'~:~/.,~~'.!:,7i-~:-~7~'. .
.~.-' -~ - - -
~- .~l:S~~T ' -
698 IRR EAST NAPLES
WATER SYSTEM FEE
SERVICE DATES FROM 12/18/90 TO 01/23/91 (36 DAYS)
WATER CONSUMED 2 UNITS (READS 2549 TO 2551)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
TOTAL CHAR;ES DUE
FINAL PAYMENT DATE 02/13/91
30.00
2.34
0.13
32.47
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~"PLEASE KEEP '.THliLAAEA tNRoIDMOutm:, tlurt. ' ~Xia.
ft'. ....UN~B~T~U~ED. ~,; ~:h;:t;~". - :..~i' -..~,~..._~".~;1~.:..~.:.~,:.,~r.;-~~..~~~ ;~~/~;.~.:c:~:~~_~.~~{~{;::~:i:.o.+~..>.:,_'~'.;. /.;; ,,:j.,
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ACCOUNT
NUMBER
687 IRR EAST NAPLES
913-0830-10
WATER SYSTEM FEE
SERVICE DATES FROM 12/18/90 TO 01/23/91 (36 DAYS)
WATER CONSUMED 1 UNITS (READS 269 TO 270)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
30.00
TOTAL CHAR~ES DUE
FINAL PAYMENT DATE 02/13/91
31.23
I
1.17
0.06
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:PLEASE'KEEP'1'HE ~'EA 'IN :AND MOUND ;YoURtliTERaDX .
UNOBSTRUCTCD .:.;....\.\, ..;,~.".'! ~ . '.'.<.,' ~;,,;
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ACCOutH
NUM&ER
913-08:U-19
SERVICE
ADDRESS 1098 IRR PACIFIC HILL ST
WATER SYSTEM FEE
SERVICE DATES FROM 12/18/90 TO 01/23/91 136 DAYS)
30.00
TOTAL CHAR~ES DUE
FINAL PAYMENT DATE 02/13/91
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..,~~ . ~ "'. ~"'- ~ . ..'-.' - . .- ...,
.' PLEASE KEEP lHEAREA IN AND ,MOUND YOUR "tETER ~1io)(tL.EAN' AND
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ACCOUNT
NUMBER
913-0836-14
SERVICE
ADORESS 910 IRR MEDI CAL CENTER DR
~ATER SYSTEM FEE
SERVICE DATES FROM 12/18/90 TO 01/23/91 (36 DAYS)
:. ~ATER CONSUMED 264 UNITS (READS 16833 TO 17097)
ENER~Y FEE ..06920 PER UNIT OF ~ATER CONSUMED
30.00
309.84
18.~6
TOTAL CHAR~ES DUE
FINAL PAYMENT DATE 02/13/91
358. 1 0
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.11 you can to h.lp reduce w.ter consumption by ten p.rc.nt.
--PLEASE _KEEP~ E :~EA -lNANIl' AROUND YOUR 'METERlIOX :a.EAN~':;: '-
'.UNOBSTRUCTED. ..." .' "~_.,}.'. ..,N~..-___ .....-. r...:.-\"...~.y"'-.; ",'.:Y,:,'c;;:.._
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ACCOur;T
NUMBER
913-0837-13
SERVICE
ADDRESS 911 IRR ttEDICAL CENTER DR
~ATER SYSTEM FEE
SERVICE DATES FROM 12/18/90 TO 01/23/91 (36 DAYS)
WATER CONSUMED 10 UNITS (READS 10418 TO 10428)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
30.00
11.70
0.69
TOTAL CHAR;ES DUE
FINAL PAYMENT DATE 02/13/91
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.11 you c.n to help r.duc. w.t.r consumption by t.n p.rc.nt.
':'~"r"'"' -.--..,- . -.' - _ _ .' _.. ..', _ ','.' _ ~',_
PLEASE kEEP THE.~EA IN ,AND,AR~YOU" )( Q..EAN AND
UNOBST~UCTED, "T.,~..:j..t';,L.;.::.<;,...~..;;;...: ; .:.:li:;i_.~~;....::i{;:.i;li . ."
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ACCOUNT
NUMBER
913-0865-18
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660 IRR EAST NAPLES
-' .
-
~ATER SYSTEM FEE
SERVICE DATES FROM '2/18/90 TO 01/23/9' (36 DAYS)
~ATER CONSUMED 1 UNITS (READS 1998 TO 1999)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
30.00
1.17
0.06
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FINAL PAYMENT DATE 02/13/9'
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"PLEASE KEEP THE'AAEA-1N' AND' -MOUND YOUR "';;TER80X
-~ UNOBSTRUCTED", _ #. - .' ,,!- -'- .
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IRR DIAMOND HEAD CT
ACCOUNT
NUMBER
913-0866-17
. . -.....
WATER SYSTEM FEE
SERVICE DATES FROM 12/18/90 TO 01/23/91 136 DAYS)
30.00
TOTAL CHARQES DUE
FINAL PAYMENT DATE 02/13/91
30.00
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I N D E R .....................
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w.t.r consumption by t.n p.rc.nt.
,~
,f .PLEASE KEEP THEAAEA _IN ANDAROUND~' ", flETtR.aoXQ.EAN AND' .
.~- . ;iJN08STRUCTED '_ ~ ~-~::.;;~.~~~:..~~.:~;~.f. .~.~~~:..~~~:<ji~..,;~~~.~-;:h* ,.:t'~.:....~, -~;2i, ->,. : ' .
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ACCOUNT
NUMBER
913-0868-15
. .
. I
1110 IRR MEDICAL CENTER DR
>.. -
WATER SYSTEM FEE
SERVICE DATES FRO" 12/18/90 TO 01/23/91 (36 DAYS)
30.00
o.~.
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TOTAL CHAR~ES DUE
FINAL PAYMENT DATE 02/13/91
30.00
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.11 you c.n to help r.duc. wat.r consumption by t.n p.rc.nt.
:,< PLEAsE J(EEPTHEAREAIN~DAR NO, _ . '~\&tf' )C.' _, .' . NMD 0
;, - UNOBSTRUCTED .' -., ;,""-}<._~,,~'o/_ "'--'_'-"'~~ :;,JA\j,-,'''''''',,_~~(( '", '..Ii . .
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ACCOUNT
NUMBER
.'3-0869-'.
CENTER DR
YATER SYSTEM FEE
SERVICE DATES FRO" 12/18/90 TO 01/23/91 (36 DAYS)
30.00
TOTAL CHAR~ES DUE
FINAL PAYMENT DATE oe/13/91
30.00
D m@rnn~rn: n
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.11 you c.n to h.lp r.duc. w.t.r con.umption by t.n p.rc.nt.
'1tLEASE KEEP THE MEA'IJN .'.~ MoUt:<ilfYouR :flEiER~X,Q..W.; ~;
. UN~~rRU~T~, >.-:;...: ...,-~;~~,~,~iy....~~~;.rr' _:"- ..~~,:,'";.~\:-i~.p.~;.. ~-~. <~ <- ~.'~{~>.~J~~~~',.-.:;.:y;_-,w..:~::t-~.. 'I~.....
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ACCOUNT
NUMBER
913-0826-16
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CENTER DR
,. -
WATER SYSTEM FEE
SERVICE DATES FROM 11/20~'0 TO 12~IS~90 (28 DAYSI
~ATER CONSUMED 36 UNITS (READS 2286 TO 2322)
ENERGY FEE _.06920 PER UNIT OF ~ATER CONSUMED
30.00
42.12
2.49
5 [, g~
o rr@~D~[g n
Ute 2 4 I9EQ U
74.61
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TOTAL CHARGES DUE
FINAL PAYMENT DATE 01~IT~'1
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.11 you c.n to h.lp r.duc. w.t.r con.umption by t.n p.rc.nt.
'~'PLEASE KEEP .1'HEMEA""iNAND ARoUND'YOUR tEiER 8O)(Q.EAN 'AND:"
,UNOBSTRUCTED. .t" ,; ;->~F ,. '"'" . . '" ,/.'.'... ~...~.,:. :..- '.V>', ,"
_..___ _u_____ '--'--.~,_-.__-
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SERVICE
ADDRESS 1251 IRR "EDICAL. CENTER DR
Accowa
NUMBER .913-0827-15
WATER SYSTE" FEE
SERVICE DATES ~RO" 11/20/90 TO 12/18/90 (28 DAYS)
WATER CONSUMED 40 UNITS (READS 1876 TO ,',6)
ENERCiY ~I! ..06920 P'ER UNIT OF WATER CONSUI'IED
TOTAL. CHAR~ES DUE
FINAL. P'AYMENT DATE 01/17/91
30.00
46.80
2.76
~
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all you can to h.lp ~.duc. wat.~ consu~tion by t.n p.~c.nt.
~-':- . . ., --. . .- - ~'. --' . , ~", -. , ":'" . . . . - ., . -.'
, . PLEASE t<EEP THE MEAtN AND,MOUND OURltETaR -lOX CLEANMD
" :.d;1i .,,;~C?BS~R~,~T~:..;.-:-~;-,~.~~~~:~ 'i~~aJ;"''::'~~''~~3~:~;i~a;",~~~,~:~~''.:l~;,~..,~;-~.~~,j~~.
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.;
UATER SYSTEM FEE
SERVICE DATES FRO" 11/20/90 TO 12/18/90 (e8 DAYS)
YATER CON8U~D 50 UNITS (READS e188 TO e238)
ENI!:RG;Y I"!:E .. oneo ~ER UNIT 01" UATER CONl5U~D
:I
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~ 91.96
TOTAL CHARG;ES DUE
FINAL ~AY~NT DATE 01/17/91
30.00
58.50
3."6
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.11 you c.n to h.lp r.duc. w.t.r consu.ption by t.n p.rc.nt.
. .>"ilLEA8E1<EEP .' 'E~EA~.._ 'MOUNDvDuR fETERaoX .!Q...JW,jAND*1 "
. i" " .'~~Bsr~UC1ED I!.~~>'~:~"~:" ~-' J'~~~';>'~ ,~,.~~;.,> ):::";:':;:\\<" '.f:t~'-c. ~'.-t"'~J{.,;:-L.l:.(-.~~_/~::::~...t~..-~r_.
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ACCO'.J!'>;T
NU"'EER ' 913-0829-13
SERVICE
ADDRESS 698 IRR EAST NAPLES
WATER SYSTE" FEE
SERVICE DATES FRO" 11/20/90 TO 12/18/90 (e8 DAYS)
WATER CONSUI'IED 57 UNITS (READS 2..92 TO 25..9)
ENERGY FEE .,06920 PER UNIT OF WATER CONSUI'lED
30.00
66.69
3.'"
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100.63
TOTAL CHARGES DUE
FINAL PAYI'lENT DATE 01/17/91
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.11 you c.n to h.lp r.duc. w.t.r con.ullption by t.n p.rc.nt..
.~-----~~. . .'""". .. '. " ..-' < .". - ',..
PLEASE KEEP THE MEA IN AND MOUND YOUR ,.TER. X CLEAN' MD
, . ~ .o.,..UNOBST~~~.~: .~.L. ~;,:;~,~:.~3~;..-,~~-~~S~.i~1~~:t~~~;)Zir. "~.kji ".~~_~~__.. ~.
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ACCOUNT
NUMBER ,913-0830-10
':f~'~~g~~~J!s~~r:f~:" "
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SERVICE
ADDRESS 687 IRR EAST NAPLES
~ATER SYSTEM FEE
SERVICE DATES FROM 11/20/90 TO 12/18/90 (28 DAYS)
WATER CONSUMED 7 UNITS (READS 262 TO 2691
, ENERQY FEE ..06920 PER UNIT OF WATER CONSUMED
30.00
e.19
0.48
. .
TOTAL CHARQES DUE
FINAL PAYMENT DATE 01/17/91
m<s
D llEC 2 A GOO
,~ ~
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38.67
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Thi. i. th. fourth y..r of . C.liforni. drought, pl.... do
.11 you c.n to h.lp r.duc. w.t.r con.u.ption by t.n ~rc.nt.
"~.> :"fUAE'lcEEPtntE.MtEA, ':JNAND " OUND, YOURtETER .1ilOx ''(:I ~..N -ME) :CC '
.- ,~:..: c~~~~OBsrRUCT~..~~- ,/~.<.-, ''':f'''}.-' ~.~::: ;:_t,;:';.--:;:'-'~'. . ';-;".:-.. ':..__-_-::~.~_.-..~.'_::.... ,.~~-.:__"~.~.:'~!~~~..;'.::~:rr::;~., -,~,;.;. '-"J.i.f';l~:,:>
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913-0831-19
8T
YATER 8Y8TE" FEE
8ERVICE DATE8 FRO" "/20/'0 TO '2/'8/'0 (28 DAYS)
WATER CONSUI'E:D '0 UNI T8 (READ8 ..53 TO "'3)
ENER~Y FEE ..0"20 PER UNIT OF WATER CONSU~D
30.00
'.
" . TO
o.n
,
"
TOTAL CHAR;ES DUE
FINAL PAYPENT DATE O'/'T/"
.39
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Thi. i. the ~ourth y..r of . C.liforni. drought, pl.... do
.11 you c.n to h.lp r.duc. w.t.r con.u~tion by t.n perc.nt.
'i~"':~
;':PLEASE KEEP THE~EA, N'AND MoutiL ".iIM)X'"CLNfD
.' .' . _ '." " .,' . _'-'". ~ ", "'. .-,.,___'" .;.,t.-: ... ',.~"..' .... .... - " ,,'.....' -. ' " , . -. -. -.. . .-.-
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ACCOUNT
NUMBER ,913-0836-14
91 0 IRR MEDICAL CENTER DR
~ATER 8YSTEM FEE
SERVICE DATES FROM 11~0~'0 TO le~18~'0 (28 DAYS)
~ATER CONSUMED e38 UNITS (READS 165'5 TO 168331
ENERCOY FEE . . 06920 PER UNIT OF WATER CONSUMED
30.00
n8.46
16.46
TOTAL CHAR;ES DUE
FINAL PAYMENT DATE Ol~IT~"
D rn @ [g 0 'W [g n 324. 92
DEe 2 4 ~ U
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.11 you c.n to h.lp r.duc. w.t.r con.umption by t.n p.rc.nt.
"".,..... ",'_. '. . , . -'..' -- - . ", '-, ". -, . - -'~.,' -'
',-j,:;PLEA8ElCEEP "tHE J'REA ".lNANDMOUND 'YOUR JETER '.-ox '4.EAN :AND;
. '. ":-.uNOBSTRUCTED -_, "t~\ : ." - . - ";:{~'.~" .~::"):..;-~_.>I:._.~~~~:~:,:~. :,,"L;~':~::~ -:,~, ; /. " -< .:~ ;'.;.
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ACCOUNT
NUMBER
,{~f!"'08?.A'r."'.;.~P"7P'~';; .
".- -"~ .."':l:"....e.z:..,~. " . ~..."..:.' t
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.913-0837-13
SE RVICE
ADDRESS
911 IRR I'EDICAL CENTER DR
WATER SYSTEM FEE
SERVICE DATES FRO" 11/20/'0 TO 12/18/'0 (28 DAYS)
WATER CONSUI'ED 184 UNITS (READS 10234 TO 10418)
ENERc;y FEE ..06920 PER UNIT OF WATER CONSUI'ED
30.00
215.28
12.73
f
I
i
f
;
TOTAL CHAR~ES DUE
FINAL PAY tENT DATE 01/'7/"
orn@rno~rn ~
DEe 2 4 1900 IU
25e.01
....
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Thi. i. th. fourth y..r of . C.liforni. drought, pl.... do
.11 you c.n to h.lp r.duc. w.t.r con~.ption by t.n p.rc.nt.
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ACCOUNT
NUMBER
913-0865-18
660 IRR EAST NAPLES
WATER SYSTEM FEE
SERVICE DATES FROM 11/20/'0 TO 12/18/90 (28 DAYS)
" WATER CONSUI'IED ~1 UNITS (READS 1957 TO 1998)
ENER;Y FEE ..06920 PER UNIT OF WATER CONSUMED
TOTAL CHAR;ES DUE
FINAL PAYMENT DATE 01/'7/"
Drn@~D~[gn
DEC2um U
30.00
~7.97
2.83
80.80
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Thi. i. th. fourth y..r of . C.liforni. drought, pl.... do
.11 you c.n to h.lp r.duc. w.t.r con.u.ption by t.n p.rc.nt.
";'~-,':,PLEAiiE KEEPlfHE':MEA;:IN NilD ~OUND' OURtETER':ioX.,eLEAN-AND'"'
..'; ~~OBBTR~~~ ~ '>.-- -:':- :,_~<~- 'x~.\.: ,~,~~'~'i~'-\~"-~ - ~A ,~:.- ~ ~- - ," :'J. . '- ._-'.~': ~-~Yi:" -~~,. '.j',)~;'7~." ~~__-~~
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ACCOUNT
NUMBER ~ 9t 3-0866-17
WATER SYSTEM FEE
SERVICE DATES ~RO" 11/20"0 TO 12"8"0 128 DAYS)
WATER CONSUMED 20 UNITS (READS 767 TO 787)
ENERGY ~EE ..06920 I"ER UNIT OF WATER CONSUMED
30.00
23.40
1.38
TOTAL. CHARGES DUE
FINAL. I"AYMENT DATE 0"'7'"
;;
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.11 you c.n to h.lp r.duc. w.t.r con.u~tion by t.n p.rc.nt.
;-........-:--.,..~ .~._-'. . .
_ -_ PLEASE KEEP THE - MEA ,iN'l\ND 1AR0UND 'TOUR JETER .:aoX:GiAN 'AND
_~, '~"" ~~~STR~C!EI? :~;~~.. ~ ~~~.~.~. .ij. -~.~.:.::;~;~:1l::~H~~i:.:~.L-5:~i:\. ;~'\\-;:.?~~~~~L.I-..~.L;. ~
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.
ACCOUNT
NUMBER
913-0868-15
SE RVICE
ADDRESS 11 to IRR MEDICAL CENTER DR
. - -
WATER SYSTE'" FEE
S~RVICE DATES ~RO'" 11/eo/to TO 1e/1e/to ree DAYS)
WATER CONSUMED 11 UNITS rR~ADS 474 TO 485)
E~RGY FEE .. 0"20 ~ER UNIT OF WATER CONSUI'IED
@~D~@
OE.C 1 A IS)
~
TOTAL CHARGES DUE
FINAL PAYMENT DATE 01/17/91
C' .,
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12.87
0.76
43.63
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Thi. i. ~h. rour~h y..r or a C.lirornia drough~, pl.... do
.11 you c.n ~o h.lp r.duc. wa~.r con.uap~1on by t.n p.rc.nt.
:'..:~--..--.-- _.~'. '-"-.,,'-. '-.. ... ....'..- .-- .- -...c.... '"_ .... __
; . PLEASE KEEP THE AREA 'lNAND MOUND .'",OURtETER."IlOX j'CLEAN AND
. --':" .UNOBSTRUCTED. . . . . ,';,,;.,. .:; ~'-,:..i.~;I:..,;; .j,,{.,...i,,;..:.':..;......::: t:::.. J...:":.c
~~ ;:;;; ""1 '.'-~ ~_.....;w~;_"'~~','.<<:..; """::;-"__..___ _" __.__.L:.iiii_...__ ...__= :;.;.., ~~
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1e52 IRR "EDICAL CENTER DR
. I
:~~&~.".'"}~~'.:~:a'I~,,:::,;.~,":,":-~_,_~
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ACCOUNT
NUMBER _ 9t 3-0869-14
WATER SYSTEM FEE
SERVICE DATES ~ROM t1/Z0/'0 TO 1e/te/'0 cee DAYS)
WATER CONSUMED 4 UNITS CREADS 32t TO 325)
ENERl;Y FEE ..06920 PER UNI T OF WATER CONSUMED
30.00
4.68
0.27
TOTAL CHAR;ES DUE
FINAL PAYMENT DATE Ot/t7/'t
34.95
~
.
..................... REM I N D E R .....................
Thi. i. the ~ourth y..r o~ . C.li~orni. drought, pl.... do
.11 you c.n to h.lp r.duc. w.t.r con.u.pt1on by ten percent.
......,7.-.,- ,''',_-'' .'__"..~_ ~~.. ,........_, __..,____...<,~,...._~..~...: _._.._.., ...~_.....-,__.. ",_" "_'
- .' >PLEASE -KEEP THE -MEA .!N,~D -MOUND YOUR fETER~X a.EAN <AND ..;
,;,.,. '~?BSTRUCTED. . .y,_, ';', . -Y;o: . .ij.: .' . , ~ .<.' ~.;:,
.. _.- . _..- -._._.. -.- --- -
. - c;. (.; (;;. :- . -: C~ .:-. ..-. ~.. :J ,;, ~ ~ .) ~.l .) "
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913-0826-16
1250 IRR "EDICAL CENTER DR
WATER SYSTEM FEE
SERVICE DATES FROM 10/19/90 TO 11/20/90 (32 DAYS)
WATER CONSUMED 115 UNITS (READS 2171 TO 2286)
~ ENERQY FEE ..06920 PER UNIT OF WATER CONSUMED
30.00
13....55
7.95
5bfO
oec:,
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TOTAL CHARQES DUE
FINAL PAYMENT DATE 12/13/90
172, SO
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..................... REM I N D E R .....................
Outdoor w.t.r u.. i. .till .ubj.ct to STAQE II r..triction..
Pl.... c.ll 670-2222 ~or mor. ln~orm.tlon,
.
_'1>LEAEKEEP'THE MEA1NMD :MOUND
~OBSTRUCTED' ,"'+"',,-,;-.'",. <'0,
~ ,.,' ,. .. ._..~.--.:.:.-..~.....,._.-~~---'
OURtETER..X !tLEAN- AND _,'~
"-';;::-';;~'_',~ -.::.. ....:~_;:p."'" .-"";:X'- - ;'~~.:.
.
~
fc.r~QG~0aG~~39~0~n~'~~'~'J..
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ACCOJNT
NUMBER
-. ";';;
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SERVICE
ADDRESS
913-0827-15
1251 IRR "EDICAL CENTER DR
WATER SYSTEM FEE
SERVICE DATES FROM 10/1'/'0 TO 11/20/'0 (]2 DAYS)
WATER CONSUMED 102 UNITS (READS 1774 TO 1876)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
30.00
I 19 . 34
7.05
TOTAL CHAR~ES DUE
FINAL PAYMENT DATE 12/13/'0
156.39
,
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2
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..................... REM I N D E R .....................
Outdoor w.t.r u.. i. .till subj.ct to STA~E II r..triction..
Pl.... c.ll 670-2222 for Mor. inform.tion.
.;....:.
------
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~ "~-~~i~~}i;,t~:;~_~lY~~7~ ~I0~:~;?~<.
ACCOUNT
NUMBER
913-0828-14
LN
WATER SYSTEM FEE
SERVICE DATES FROM 10/19/90 TO 11/20/90 (32 DAYS)
WATER CONSUMED 140 UNITS (READS 2048 TO 2188)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
30.00
163.80
9.68
TOTAL CHAR~ES DUE
FINAL PAYMENT DATE 12/13/90
203 , 48
..................... REM I N D E R .....................
Outdoor w.t.r u.. i. .till .ubj.ct to STA~E II r..triction..
Pl.... c.ll 670-2222 for Mor. infor..tion.
~.' "'PLEASE'1<EEP nlE MEA:t~ MD'MOUND jOUi(_TER-~X a..EAN:MD.., .
:UNOBSTRUCTED. ,.' ,;<.. .'. ", . ,- ,.- ..' '.:', ". .~.<l .Z
-r. ' "~"',.' . ' ... ~ -;I.- ~ ~ J,.,; " . .
,,",
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(,-. _ t: t '. . . .,' \ ), ~:.:, "i' , _
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",: .
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Accour~T
NUMBER .'313-0829-13
SERVICE
ADDRESS 698 IRR EAST NAPLES
~ATER SYSTEM FEE
SERVICE DATES FROM 10/19/90 TO 11/20/90 (32 DAYS)
WATER CONSUMED 136 UNITS (READS 2356 TO 2~92)
ENER~Y FEE ..06920 PER UNIT OF ~ATER CONSUMED
:30.00
159. 12
9.~1
c e c--'
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c- 0(.1
ee(
0(.1
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~ 0 (.\ ~
TOTAL CHARQES DUE
FINAL PAYMENT DATE 12/13/90
198.53
..................... REM I N D E R .....................
Outdoor wat.r us. is still subj.ct to STAQE II r.str1ct1on..
Pl.a.. call 670-2222 for mor. information.
. ."
PLEASE I<EEP'THEMEA"INMi> AROUND 'YOUR.'1'Em.llOX 1:L.~N AND
~ UNOBSTR.~CTED ~ , ._,.~ ~-~2/~:~:-,~,:;J~.:.:~~f~3~.;L_i'~t~~~~~j-~--:';;'~-~~;1~ -~~~~~.~~~
c . ("' ~- (; G <;; C .-:: t:- ;7- .~ .} n ,;,,") ;,:) ()..:) ,!., ~ J -)
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ACCOUNT
NUMBER ~913-0830-1 0
~ATER SYSTEM FEE
SERVICE DATES FROM 10/19/90 TO 11/20/90 (32 DAYS)
WATER CONSUMED 19 UNITS (READS 243 TO 262)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
TOTAL CHAR~ES DUE
FINAL PAYMENT DATE 12/13/90
30.00
22.23
1. 31
53.54
..................... REM I N D E R .....................
Outdoorw.t.r u.. i. .till subj.ct to STAGE II ~..trictions.
Pl.... c.ll 670-2222 for .or. infor..tion.
.' . 'PLEASE WPM MEA."H -MD MOUND "toUR '.TER tIoXc:LEAN :MD. :;,
UNOBSTR.UCTED. _;:.\~. ~:..~:::,;-:;.,.~~{;,..~~.~-J~ ;.':,o>.)~;(:.,-:~~.! '~_'\>P~:~ ~, . '.~ . ..,;~' ~:": -:~~"'-,..-~~:. ~.'~-:
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ACCOUNT
NUMBER
913-0831-19
SERVICE
ADDRESS 1098 IRR PACIFIC HILL ST
. .. -
WATER SYSTEM FEE
SERVICE DATES FROM 10/19/90 TO 11/20/90 (32 DAYS)
WATER CONSUMED 12 UNITS (READS 441 TO 453)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
30.00
14.04
0.83
o.~,
0(;"
C.,,
: 0(.,'
G.t
0(;.
C.(f
- . ~\~,
t
TOTAL CHARQES DUE
FINAL PAYMENT DATE 12/13/90
44.87
..................... REM I N D E R .....................
Outdoor w.t.r us. i. .till .ubj.ct to STAQE II ~.triction..
Pl.... c.ll 670-2222 for mor. inform.tion.
'~PLEAsE KEEP ~E AREA.1N AND MOUND -rM . ,TE _ '. X a:~N'AND
UNOBSTRUCTED ~ '.-.-:-.;. '.. ~; ~,;...::'~..;\,~': ".; ,~''''~~;)'"~~.-~~::'!_:~~L ~~~-:::,}_ ;'i~~> ~;'" i...:'_' ,_:_' ,.-
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ACCOUNT
NUMBER
913-0836-14
. r'
~--~".r.:~{~T~~~~l~-?<~~~~?;~~. .
910 IRR MEDICAL CENTER DR
~ATER SYSTEM FEE
SERVICE DATES FROM 10/1'/'0 TO 11/eo/,0 (3e DAYS)
WATER CONSUMED 7e, UNITS (READS 15866 TO 165'5)
ENER~Y FEE .,06,eo PER UNIT OF WATER CONSUMED
30.00
875.07
50.44
TOTAL CHAR;ES DUE
FINAL PAYMENT DATE 1e/13/'0
955.51
,
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Outdoor wat.r u.. i. .till .ubj.ct to STA~E II r..triction..
Pl.... c.ll 670-2222 for mor. inform.tion.
. 'PLEASE'1CtEP
"UNOBSTRUCTED .
e: MEA' IN'MDMOUND YOUR fETERitoX 4EAN 'Nfl) . :'
".4:"-::....." . . ~ ::"i.-".. '; ,~ ., ~'..~(: ~' '.,~~' -:..' ;~; ....'_:.....'~..>'... . , ,- ...... 1" .
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ACCOJtH
NUMBER
913-0837-13
IRR ~DICAL CENTER DR
~ATER SYSTEM FEE
SERVICE DATES FROM 10/19/90 TO 11/20/90 (32 DAYS)
~ATER CONSUMED 397 UNITS (READS 9837 TO 10234)
ENERGY FEE ..06920 PER UNIT OF ~ATER CONSUMED
30.00
470.77
27.47
TOTAL CHARGES DUE
FINAL PAYMENT DATE 12/13/90
528.24
..................... REM I N D E R .....................
Outdoor w.t.r us. is still subJ.ct to STAGE II r.strictions.
Pl.... c.ll 670-2222 for more inform.tion.
-~PLEASE--KEip-THE MEA 'iN ANDAROu.co j'YOURtEtER 1Kl?<
UNOBSTRUCTED '.",': ."., ~ .",,;,c-:".' ...~..;.'".....:...":::<.,
_--.......~_-...;....___~. _ ~c:.._. ........:...:..:..,"....s _-~;......~,,,......,~,~:.L.-_..:\~.':~_,.::.....:~~.......,;.._ -........w.~~._....
EAIIl . AND
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913-0865-18
660 IRR EAST NAPLES
UATER SYSTEM FEE
SERVICE DATES FROM 10/19/90 TO 11/20/90 (32 DAYS)
WATER CONSUMED 89 UNITS (READS 1868 TO 1957)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
TOTAL CHAR;ES DUE
FINAL ~AYMENT DATE 12/13/90
t
30.00
1 04. 13
6.15
1<40.28
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Outdoor w.t.r u.. i. .till .ubj.ct to STAGE II r..triction..
Pl.... c.ll 670-2222 for .or. inform.tion.
, PLEASE-KEEP THE MEA'1NAND AROUND VOURtETER :BOX'Q..EAN 'AND,
UNOBSTRUCTED ~..';" :..:. "r.t.... ',r . ....! ;:"':.~. ,> ",' _'
...~'"'_. .
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ACCOU'T
NUMBER
~::"';-F.' ~ ,~:;,~~;?"'(~":~'.
.:~..~--;'>-.>C~;:-:~~ f~~ _ '.
:t~~~c.ES 601 IRR DIAI'IOND tEAD CT
"3-0866-'7
YATER SYSTEI'I FEE
SERVICE DATES FROI'I 10/19/'0 TO 11/20/'0 (32 DAYS)
YATER CONSUI'IED 51 UNITS (READS 716 TO 767)
ENER~Y FEE ..06920 PER UNIT OF YATER CONSUI'IED
30.00
59.67
3.52
TOTAL CHAR~ES DUE
FINAL PAYI'IENT DATE 12/13/90
93. "
..................... R E 1'1 I N D E R .....................
Outdoor w.ter u.e i. .till .ubject to STA~E II ~.tr1ction..
Pl.... c.ll 670-2222 for more inform.tion.
t:"~.n.. ". '. .. '.' ' ',_', _~, ~" ,'. __ '-'.
PLEASE kEEP THEMEA.JN~D AROUND :'V'0llR_ '.-oX 'UEANAND .
.~" ' UNOBST~~C!':D.. ~._:~-..- .L.-".d~.i:~L;.~i...~ ;~':~~~::iX~~i\ ,;~.-1\i~'":..-:;1.~t)j'~:~;:i:'~~~2~~.~<.~.:~':i...
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. ... W' '-"... "..... ~ ..J.,... "....
t ~ . . t: t . . . . ." \ ''''' ~ :.:. .,i
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ACCOUI. T
NUMBER
913-0868-15
1110 IRR MEDICAL CENTER DR
WATER SYSTEM FEE
SERVICE DATES FROM 10/19/90 TO 11/20/90 (32 DAYS)
WATER CONSUMED 28 UNITS (READS 446 TO 474)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
30.00
32.76
1.93
TOTAL CHAR~ES DUE
FINAL PAYMENT DATE 12/13/90
6....69
,
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Outdoor w.t.r u.. i. .till .ubj.ct to STA~E II r..triction..
Pl.... c.II 670-2222 for .or. information.
:..;>--~----.o:'
. ~LEASE kEEP THE MEA 'IN'.AND ',MOuNDVCOR . TER .~)t 'CLEAN AND
. __ _ -'UNOB~T~U_~T~~~~ ~.~ . ~:~~~.;.~~~~~_~.j~';-f~-~..~.j~\;r~~~~~'~-;~Ejli~:;~~~~;,~. . ;'" .~
(- (;; C; CJ ;: ,-:~;. ,70 ',-" .J n .:3 ",") ,:) ~J .:), '") I r I -,
t:' CI . to: t,. . -,.. '. .. \.' ~ ~ ;;'. .,;, .
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ACCOUNT
NUMSER ""3-0869-'"
SERVICE
ADORESS 1252 I RR MED I CAL
WATER SYSTEM FEE
SERVICE DATES FROM 10/19/90 TO 11/20/90 (32 DAYS)
WATER CONSUMED 11 UNITS (READS 310 TO 321)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
30.00
12.87
0.76
TOTAL CHAR;ES DUE
FINAL PAYMENT DATE 12/13/90
43. 63
~
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..................... R E H I N D E R .....................
Outdoor wat.r us. is still sUbJ.ct to 8TA;E II r.strictions.
Pl.as. call 670-2222 for .or. information.
f':flLEASE 'kEEp E 'MEA" f!I.MD _OUND ,,"oUR TER..X Q.EAN AND " .
!.~OBSTRUCTEJ:j..,'i:, ~,;;.,'. -' .:.....:....:~:./..~........ ..~~_ '-' H...,..:i..,-.?..~~"., .,.~_.,,;w.1lO...-i
,~.;.a.._~_ .a... . ..::;,;;..'-'>-.... .....a:.'....". "~ ~:;r 7-O"'-......\-~ -. .i...:".........;>'~lIIt..~'" ,~~~~ ->lIr..~~"""aLO!t- "~",I...J..-~"I..."i!l ..1~iL___
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t:..t:t.... ,,\.),~;,;....;,~
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t.: \ . t:r ---., ..... ~.. :.' ..~:.; -......... r1t - ~
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v..t>:.:':' '~V.l~t1
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, SE:RI,'tCE
ADDRESS
.r" .<1., r;: .. ...7; . ..J~~___......
t.:C':'v:,7
. - -
N:.J"'SER
913-0826-16
1250 IRR MEDICAL CENTER DR
YATER SYSTEM FEE
SERVICE DATES FROM 09/21/90 TO 10/19/90 (28 DAYS)
YATER CONSUMED 71 UNITS (READS 2100 TO 2171)
ENER~Y FEE ..06920 PER UNIT OF ~ATER CONSUMED
30.00
83.07
~. 91
C.f'
.-
0(,_
C.,
COH
cet
0(.
c.(
~ 0 (.\:
'7 u ~-o
TOTAL CHAR;ES DUE
FINAL PAYMENT DATE 11/15/90
117 . 98
.......................... NOT E..........................
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROU;HT, P~EASE DO
ALL YOU CAN TO HE~P REDUCE YATER BY TEN PERCENT. THANK YOU.
-.~.' ,~~'r~""-""""'_0!" ,. . .___~___~ . _...._. ~_ _ " _ __~_........,_~.,r- .__ _. .,~~-_.
PLEASE KEEP THE AREA IN .-ND AROUND YOUR ~TER BOX ~EAN .-ND
UNOBSTRUCTED.
.......>...,.~.~..-_.~~. - '.'-','
,."'-:..--~--;.....:...,~;...."'.._.'.:-... '""-"~~.
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c . - : t..i e:- . .1 ~:; :/r ~:: ;--.' -. -. '., ('. - - ~ tv :;: ....
o , ~ <<I . t1- ;-~ :. :. . ;, .~ ~ '.tJ ... ~ Co t'i ,-
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_... r.,,-,-~- .".'
r...... -, ':;j: .', -. ~IP'-.riJ:'.<< -.
".' ..... .. '!< " .... -~~ '"7':'- i~ '.
ACCOU'~ T
NUMBER
913-0827-15
I SERVICE
ADDRESS
"'--;--" ".--
'~....,._.",....-....,._c"
1251 IRR "EDICAL CENTER DR
. - -
WATER SYSTE" FEE
SERVICE DATES FRO" 09/21/90 TO 10/19/90 (28 DAYSI
WATER CONSUMED 51 UNITS (READS 1723 TO 177~)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSU~D
30.00
Dee:
0(:
c.,
C 0(;
e.t
0(;
c.c.
~. O~\.
TOTAL CHARI:ES DUE
FINAL PAYMENT DATE 11/15/90
n.19
,
.
,
E
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I
t
59.67
3.52
.
t:
1
~
t
l
.......................... NOT E.......................... J
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROUI:HT, PLEASE DO
. ALL YOU CAN TO HELP REDUCE WATER BY TEN PERCENT. THANK YOU.
L,~~~~;;~~~~:E:.:E.A,:::~.:~~ ~~~~~ :~~~:N._~:~~'.
I
I
/
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G ,; ~ . . t) ;'~ =. :". , . :- ~ .., .. 1 e t'l
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913-0828-14
I ~ER'''ICE
ADDRESS
, .
.-:...
'':;':--'
.~..
-.
1192 IRR SUNDOWN LN
)
. - --
WATER SYSTEM FEE
SERVICE DATES FROM 09/21/90 TO 10/19/90 (28 DAYS)
WATER CONSUMED 82 UNITS (READS t966 TO 2048)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
30.00
95.94
5.67
cer-
C(;
C.,
, Cl (.
c.(
C) (;
Ce(
- .~.
TOTAL CHAR~ES DUE
FINA~ PAYMENT DATE 11/15/90
131.61
,
.......................... NOT E..........................
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROU~HT, PLEASE DO
ALL YOU CAN TO HELP REDUCE WATER BY TEN PERCENT. THANK YOU.
-_.__.,.-~_-:"'"......~~, ~, '''''!I:! ~._~............."..:......_.--.-...Jl.~_ ~ -'.--. ';rr-""o_..
PLEASE KEEP THE AREA IN AND 'AROUND YOUR I'ETER BOX CLEAN AND
UNOBSTRUCTED.
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j SEFl'.'ICE
ADDRESS
6'8 IRR EAST NAPLES
~ATER SYSTEM FEE
SERVICE DATES FROM 09/21/90 TO 10/19/90 e28 DAYS)
WATER CONSUMED 75 UNITS (READS 2281 TO 2356)
ENERGY FEE . .06920 PER UNIT OF ~ATER CONSUMED
30.00
87.75
5.19
"
TOTAL CHARGES DUE
FINAL PAYMENT DATE 11/15/90
122.94
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THIS IS THE FOURTH YEAR OF A CALIFORNIA DROUGHT, PLEASE DO
ALL YOU CAN TO HELP REDUCE .~ATER BY TEN PERCENT. THANK YOU.
~ )~,~~..,. ._~~-. _ ".'""'''''.r'''~ ._'"'''' 9,,,,:,,~..._. ..._. .~'. _ ',_::--- ... :~.
;;,.1"LEASE KEEP 1WE MEA IN MID MOUND~OUR.fETERlIOXa..EAN AND
f C',..:....OBSTRUCTED.,::, 'c- ",', ...." " " ..
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h,C,~~i'F' . 913-0830-1 0 :~~~~cs's 687 IRR EAST NAPLES
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~ATER SYSTEM FEE
SERVICE DATES FROM 09/21/90 TO 10/19/90 (28 DAYSI
YATER CONSUMED 8 UNITS (READS 235 TO 2431
ENER~Y FEE '.06920 PER UNIT OF YATER CONSUMED
.! '" ~D
TOTAL CHAR~ES DUE
FINAL PAYMENT DATE 11/15/90
30.00
9.36
0.55
39.91
,
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THIS IS THE FOURTH YEAR OF A CALIFORNIA DROU;HT, PLEASE DO
ALL YOU CAN TO HELP REDUCE ~ATER BY TEN PERCENT. THANK YOU.
----'-'-"""""". .~~~~~~.~.,...,.'"".-._-~--,......_., -....-.........- .......~. --,
PLEASE KEEP THE AREA IN AND AROUND YOUR PETER BOX CLEAN AND
UNOBSTRUCTED. . ,
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I;;~~~~ 1098 IRR PACIFIC HILL
A::CO:..H~T
Nur.~5EP
913-0831-19
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~ATER SYSTEM FEE
SERVICE DATES FROM 09/21/90 TO 10/19/90 (28 DAYSl
~ATER CONSUMED 27 UNITS (READS 414 TO 4411
ENERGY FEE . . 06920 PER UNIT OF "'ATER CONSUMED
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FINAL PAYMENT DATE 11/15/90
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.......................... NOT E..........................
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROUGHT. PLEASE DO
ALL YOU CAN TO HELP REDUCE ~ATER BY TEN PERCENT. THANK YOU.
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i SERJICE
ADDRESS
910 IRR ~DICAL CENTER DR
913-0836-1"
WATER SYSTEM FEE
SERVICE DATES FROM 09/21/90 TO 10/19/90 (28 DAYS)
WATER CONSU"ED 555 UNITS (READS 15311 TO 15866)
ENERQY FEE .,06920 PER UNIT OF WATER CONSU"ED
TOTAL CHAR;ES DUE
FINAL PAY~NT DATE 11/15/90
30.00
661 . 95
38."0
730.35
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.......................... NOT E..........................
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROU;HT, PLEASE'DO
ALL YOU CAN TO HELP REDUCE WATER BY TEN PERCENT. THANK YOU.
_.__.,.~,..~_. -_0_."-'... __"-_",,,-._ ~ ~~..~......---_____.~__-<.__. ~.- ,..~_.~___..___~_.....__............._.."-'"".
PLEASE KEEP THE AREA' IN AND AROUND YOUR I'ETER BOX CLEAN AND
UNOBSTRUCTED.
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NUMeE~
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ADDRESS
911 IRR IEDI CAL CENTER DR
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WATER SYSTEI1 FEE
SERVICE DATES FROI1 09/21/90 TO 10/19/90 (28 DAYS)
WATER CONSUMED 259 UNITS (READS 9578 TO 9837)
ENERQY FEE ..06920 PER UNIT OF WATER CONSUMED
303.79
17.92
TOT AL CHAR;ES DUE
FINAL PAYMENT DATE 11/15/90
351. 71
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THIS IS THE FOURTH YEAR OF A CALIFORNIA DROUQHT, PLEASE DO
ALL YOU CAN TO HELP REDUCE WATER BY TEN PERCENT. THANK YOU.
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,,,".',,'" 913-0865-18 ADD"ESS 660 IRR EAST NAPLES ~
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SERVICE DATES FROM 09/21/90 TO 10/19/90 (28 DAYS)
~ATER CONSUMED 65 UNITS (READS 1803 TO 1868)
ENERGY FEE ..06920 PER UNIT OF ~ATER CONSUMED
TOTAL CHARGES DUE
FINAL PAYMENT DATE 11/15/90
30.00
76.05
"."9
110.54
:
.......................... NOT E..........................
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROUGHT, PLEASE DO
ALL YOU CAN TO HELP REDUCE WATER BY TEN PERCENT. THANK YOU.
.I'!'..~.___~___...~~.... ___ .,._~r.~.......__. "~~'--:-"~. _~n <--__.
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PLEASE KEEP THE AREA IN AND AROUND YOUR f'ETER BOX CLEAN AND
UNOBSTRUCTED.
_.__...;..~'..:..-.~__--....;-........_.........,~~~ ......;... ~~_ :,,.;. .~:~.-~~'.nJ.-..';..._,.:;,.~::t.:.... "~.'..~..~.'..'!w.a....:....~~.,........_
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ANCU~;5~~T 913-0866-17 I ;~~~(SES 601 IRR DIAMOND HEAD CT
YATER 8YSTE~ FEE
SERVICE DATES FRO~ 09/21/90 TO 10/19/90 (28 DAYS)
WATER CONSUMED 31 UNITS (READS 685 TO 716)
ENERQY FEE ..06920 PER UNIT OF WATER CONSU~ED
TOTAL CHARCES DUE
FINAL PAY~ENT DATE 11/15/90
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THIS IS THE FOURTH YEAR OF A CALIFORNIA DROUCHT. PLEASE DO
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i SER'\'ICE
I AODFlESS
1110 IRR MEDICAL CENTER DR
913-0868-15
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WATER SYSTEM FEE
SERVICE DATES FROM 09/21/90 TO 10/19/90 (28 DAYS)
WATER CONSUMED 18 UNITS (READS ~28 TO ~~6)
ENERGY FEE ..06920 PER UNIT OF WATER CONSUMED
30.00
21.06
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FINAL PAYMENT DATE 11/15/90
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'UMEER . "3-086'-'4 ADDRESS 1252 IRR MEDICAL CENTER DR
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WATER SYSTEM FEE
SERVICE DATES FROM 0'/21/'0 TO 10/1'/'0 (28 DAYS)
WATER CONSUMED 5 UNITS (READS 305 TO 310)
ENERr.y FEE .. Onl!O PER UNIT OF WATER CONSUMED
30.00
5.85
0.34
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TOTAL CHARr.ES DUE
FINAL PAYMENT DATE 11/15/'0
36.19
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ALL YOU CAN TO HELP REDUCE WATER BY TEN PERCENT. THANK YOU.
-,-.--_.......-'--.--..-;or..-,~ . . _, __. .. ,_ _~,~_..._-~.'-"'.~-......-..-.....~.-.-................-...-..'._-'--,~......:"':>""'"-
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1250 IRR I1EDICAl.. CENTER DR
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WATER SYSTEM FEE
SERVICE DATES FROM 08/22/90 TO 09/21/90 (30 DAYS)
WATER CONSUI1ED 134 UNITS (READS 1966 TO 2100)
ENERl;Y FEE ..06920 PER UNIT OF WATER CONSUI1ED
156.78
9.27
30.00
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TOTAL CHARQES DUE
FINAl.. PAYI1ENT DATE 10/16/90
196.05
.......................... NOT E..........................
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROUQHT, PLEASE DO
Al..L YOU CAN TO HELP REOUCE WATER BY TEN PERCENT. THANK YOU.
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.913-0827-15
1251 IRR I'lEDICAL CENTER DR
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~ATER SYSTEM FEE
SERVICE DATES FROM 08/22/90 TO 09/21/90 (30 DAYS)
~ATER CONSUMED 109 UNITS (READS 161~ TO 1723)
ENERGY FEE ..06920 PER UNIT OF ~ATER CONSUMED
127.53
7.54
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TOTAL CHARGES DUE
FINAL PAYMENT DATE 10/16/90
165. 07
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"MO MciiuNl:) YCUR1EfE'f.ox 'CLEANMD:':
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IRR SUNDO~ LN
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WATER SYSTEM FEE
SERVICE DATES FROM 08/22/90 TO 09/21/90 C30 DAYS)
WATER CONSUMED 132 UNITS CREADS 1834 TO 1966)
ENERGY FEE ..06920 PER UNIT OF WATER CONSUMED
154.44
9.13
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FINAL PAYMENT DATE 10/16/90
193.57
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ACCOUNT
NUMBER
913-0829-13
SERVICE
ADDRESS 698 IRR EAST NAPL.ES
. - -
WATER SYSTE" FEE
SERVICE DATES FRO" 08/22/90 TO 09/21/90 (3D DAYS)
WATER CONSU~D 1~3 UNITS (READS 2138 TO 2281)
ENERGY FEE ..06920 PER UNIT OF WATER CONSU~D
30.00
167.31
9.89
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FINAL. PAY~NT DATE 10/16/90
207.20
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,t NUMBER
J
913-0830-10
687 IRR EAST NAPLES
I
YATER SYSTEM FEE
SERVICE DATES FROM 08/22/90 TO 09/21/90 C30 DAYS)
YATER CONSUMED 1~ UNITS CREADS 221 TO 235)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
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FINAL PAYMENT DATE 10/16/90
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'098 IRR PACIFIC HILL ST
30.00
30.42
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~ATER SYSTEM FEE
SERVICE DATES FROM 08/22/90 TO 09/21/90 (30 DAYS)
WATER CONSUMED 26 UNITS (READS 388 TO 414)
ENERGY FEE ..06920 PER UNIT OF ~ATER CONSUMED
TOTAL CHARGES DUE
FINAL PAYMENT DATE '0/'6/90
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ACCOUNT
NUMBER
913-0836-1'1
910 IRR I'EDICAL CENTER DR
30.00
834.48
48.16
912.64
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YATER SYSTEM FEE
SERVICE DATES FROM 08/22/90 TO 09/21/90 (30 DAYSI
WATER CONSUMED 696 UNITS (READS 14615 TO 15311)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
TOTAL CHAR~ES DUE
FINAL PAYMENT DATE 10/16/90
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ACCOUNT
NUMBER
911 IRR ~DICAL CENTER DR
30.00
....0.52
25.7"
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913-08]7-13
WATER SYSTEM FEE
SERVICE DATES FROM 08/22/90 TO 09/21/90 (30 DAYS)
WATER CONSUMED 372 UNITS (READS 9206 TO 9578)
ENERGY FEE ..06920 PER UNIT OF WATER CONSUMED
TOTAL CHARGES DUE
FINAL PAYMENT DATE 10/16/90
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ACCOUNT
NUMBER
913-0865-18
660 IRR EAST NAPLES
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WATER SYSTEM FEE
SERVICE DATES FROM 08/22/90 TO 09/21/90 (30 DAYS)
~ATER CONSUMED 106 UNITS (READS 1697 TO le03)
ENER~Y FEE ..06920 PER UNIT OF ~ATER CONSU"ED
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FINAL PAYMENT DATE 10/16/'0
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124.02
7.33
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601 IRR DIN'lOND HEAD CT
30.00
54.99
3.25
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SERVICE DATES FROM 08/22/90 TO 09/21/90 (:30 DAYS)
WATER CONSUMED "'7 UNITS (READS 638 TO '8S)
ENERQY FEE ..06920 PER UNIT OF WATER CONSUMED
TOTAL CHARCOES DUE
FINAL PAYMENT DATE 10/1"'0
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1110 IRR MEDICAL CENTER DR
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WATER SYSTEM FEE
SERVICE DATES FROM 08/22/90 TO 09/21/90 (30 DAYS)
~ATER CONSUMED ~6 UNITS (READS 382 TO ~28)
ENER~Y FEE .,06920 PER UNIT OF ~ATER CONSUMED
53.82
3.18
30.00
TOTAL CHAR~ES DUE
FINAL PAYMENT DATE 10/16/90
87.00
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'252 IRR "EDICAL
WATER SYSTEM FEE
SERVICE DATES FROM 08/22/90 TO 09/21/90 (30 DAYSI
WATER CONSUMED 12 UNITS (READS 293 TO 305)
ENERGY FEE ..06920 PER UNIT OF WATER CONSUMED
30.00
'''.0''
0.83
TOTAL CHARGES DUE
FINAL PAYMENT DATE 10/16/90
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THIS IS THE FOURTH YEAR OF A CALIFORNIA DROUGHT, PLEASE DO
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:5~~~~~ 1250 IRR I'lEDICAL CENTER DR
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WATER SYSTEI'l FEE
SERVICE DATES FROM 07123/'0 TO 08122/'0 (30 DAYSJ
; ~ATER CONSUI'lED 129 UNITS (READS 1837 TO 1966J
~ ENERCOY FEE ..06920 PER UNI T OF ~ATER CONSUI'lED
30.00
150.'3
8.92
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189.85
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THI8 IS THE FOURTH YEAR OF A CALIFORNIA DROUCOHT, PLEASE DO
ALL YOU CAN TO HELP REDUCE WATER BY TEN PERCENT. THANK YOU.
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SERVICE DATES FROM 07/23/90 TO 08/22/90 C30 DAYS)
; WATER CONSUMED 109 UNITS CREADS 1505 TO 1614)
J ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
,
30,00
127.53
7.54
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TOT AL CHAR~ES DUE
165. 07
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.......................... NOT E..........................
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROU~T, PLEASE DO
ALL YOU CAN TO HELP REDUCE WATER BY TEN PERCENT. THAN< YOU.
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ACCOUNT
NUMBER
<~.'.~-.:-~~:~::,~i:;!;:t~C').;'::-!.:.:~.:(:~7 ,-~
913-0828-14
WATER SYSTEM FEE
SERVICE DATES FROM 07/23/90 TO 08/22/90 (30 DAYS)
WATER CONSUMED 12~ UNITS (READS 1710 TO 183~)
ENERGY FEE ..06920 !"ER UNIT OF WATER CONSUMED
30.00
1~5.08
8.58
TOT AL CHAR;ES DUE
183."
FINAL PAYMENT DATE 09/18/90
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ACCOUNT
NUMBER
. - -
1e".e6
1 0.93
~ATER SYSTEM FEE
SERVICE DATES FROM 07/23/90 TO 08/2e/90 C30 DAYS)
~ATER CONSUMED 158 UNITS (READS "eo TO 2138)
ENERGY FEE *.oneo PER UNIT OF ~ATER CONSUMED
.;'- TOTAl.. CHAR;ES DUE
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913-0830-10
NAPLES
. - -
:,( YATER SYSTEI'l FEE
SERVICE DATES ~ROM 07/23/90 TO OSr,!2/90 (30 DAYS)
, WATER CONSUMED 15 UNITS (READS 206 TO 221)
.> ENERCOY nE ..06920 PER UNI T OF WATER CONSUMED
IT.SS
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TOTALCHARCOES DUE
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.......................... NOT E..........................
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SERVICE DATES FROM 07/23/90 TO 08/22/90 (30 DAYS)
YATER CONSUMED 29 UNITS (READS 359 TO 388)
ENERG;Y FEE . . 06920 PER UNIT OF YATER CONSUMED
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FINAL PAYMENT DATE 09/18/90
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913-0836-14
IEDI CAL CENTER DR
. -
WATER SYSTEM FEE
'.l SERVICE DATES FROM 07/23/90 TO 08/22/90 (30 DAYS)
, ~ATER CONSUMED 696 UNITS (READS 13919 TO 14615)
., ENERGY FEE ..06920 PER UNIT OF ~ATER CONSUMED
30.00
834.48
48.16
< TOTAL CHARGES DUE
912.64
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.i WATER SYSTEM FEE
SERVICE DATES FROM 07/23/90 TO 08/22/90 (30 DAYS)
.! WATER CONSUMED 366 UNITS (READS 88410 TO 9206)
ENERc;y FEE . .06920 PER UNIT OF WATER CONSUMED
433.26
25.32
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TOTAL CHARc;ES DUE
488. 58
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NAPLES
~ WATER SYSTE" FEE
. SERVICE DATES FRO" 07/23/90 TO 08/22/90 (30 DAYS)
. WATER CONSU~D 1eO UNITS (READS 1577 TO 1697)
ENER~Y FEE .. oneo ~ER UNIT OF WATER CONSU~D
30.00
140.40
8.30
TOTAL CHAR;ES DUE
178.70
FINAL PAY"ENT DATE 09/18/90
.......................... NOT E..........................
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROU~HT. PLEASE DO
ALL YOU CAN TO HELP REDUCE WATER BY TEN PERCENT. THANK YOU.
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SERVICE DATES FROM 07/23/90 TO 08/22/90 (30 DAYS)
~ATER CONSUMED 65 UNITS (READS 573 TO 638)
ENER~Y FEE ..06920 PER UNIT OF ~ATER CONSUMED
30.00
. . - -
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913-0868-15
. - -
;, WATER SYSTEM FEE
~ SERVICE DATES FROM 07/23/90 TO 08/2e/90 (30 DAYS)
-5 WATER CONSUI'IED 24 UNI TS (READS 358 TO 38e I
ENERGY FEE .. oneo PER UNIT OF WATER CONSUI'IED
30.00
28.08
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ACCOUNT
:t NUMBER
913-0869-14
:~~~~~ 1252 IRR MEDICAL CENTER DR
.. -...-
<; WATER 8YSTEM FEE
, SERVICE DATES FROM 07/23/90 TO 08/22/90 (30 DAYS)
'; WATER CONSUI'lED 13 UNITS C READS 90 TO 2'3)
ENERIOY I"EE ..06'20..ER UNIT 01" WATER CONSUI'IED
,
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ACCOU~T
NUMBER
1250 IRR MEDICAL CENTER DR
. .
'. ~ . t I
9t ]-0826-16
YATER SYSTEM FEE
SERVICE DATES FROM 06/21/90 TO 07/23/90 C32 DAYS)
WATER CONSUMED 145 UNITS CREADS 1692 TO 1837)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
169.65
10.03
SlPr
TOTAL CHAR~ES DUE
209.68
WATER CONSUMED THIS MONTH 108460 val..
FINAL PAYMENT DATE 08/16/90
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LOCATED AT SOUTHWESTERN SATELLITE SCHOOL - 1468 EAST H 8T.
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~ATER SYSTEM FEE
SERVICE DATES ~ROM 06/21"0 TO 07/23"0 (32 DAYS)
" WATER CONSUMED 111 UNITS (READS 13'4 TO 1505)
ENERl:OY FEE . . 06'20 ~ER UNIT OF WATER CONSUMED
30.00
129.87
7.68
o e C::t' TOTAL. CHAR'ES DUE 1 IT . 55
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.................... XERISCAPE &ARDEN ......................
OPEN TO THE PUBLIC (ANYTIME) FOR A SELF-l:OUIDED TOUR TO VIEW
LOW WATER USA~E PLANTS, IRRI~ATION SYSTEMS AND USE OF MULCH.
LOCATED AT SOUTHWESTERN SATELLITE SCHOOL - 1468 EAST H ST.
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ACCOUNT
NUMBER
913-0828-1.
WATER SYSTE" FEE
SERVICE DATES FRO" 06/21/90 TO 07/23/90 (32 DAYS)
WATER CONSU~D 137 UNITS (READS 1573 TO 1710)
ENERGY FEE .. 06920 ~ER UNIT OF WATER CONSUP'IED
TOT AL CHARGES DUE
WATER CONSUI'IED THIS "ONTH 102.76 gals.
FINAL PAY~NT DATE OS/16/90
30.00
16 0 . 29
9.48
199.77
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LOY WATER USAGE PLANTS, IRRIGATION SYSTE"S AND USE OF ~LCH.
LOCATED AT SOUTHWESTERN SATELLITE SCHOOL - 1.68 EAST H ST.
~.( ONE UU~.,()F<~~~.~Jl.:;~...;......oAit~::~i~;<~.';~X::.t...' .
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ACCOUNT
NUMBER
~'{~~;~~~f~rJ~"f~~:- ~~t.~. ;'
913-0829-13
.
., WATER 8YSTEM FEE
SERVICE DATES FRO'" 06/21/90 TO 07/23/90 C3! DAYSl
YATER CONSUMED 167 UNITS CREADS 1813 TO 19801
I!NER~Y FEE .. 06920 ~I!R UNIT OF YATER CONSUI'tED
. .
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TOTAL CHAR~ES DUE
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WATER CONSUMED THIS "ONTH 12..916 val..
FINAL PAYMENT DATE 08/16/90
30.00
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195.39
11.55
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.................... XERISCAPE ~ARDEN ......................
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LOW YATER USA~E PLANTS. IRRI~ATION SYSTEMS AND USE OF I'lULCH.
LOCATED AT SOUTHWESTERN SATELLITE SCHOOL - ,..68 EAST H ST.
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ACCOUIH
NUMBER
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-
913-083O-t 0
'.
YATER SYSTEM FEE
SERVICE DATES FROM 06'21"0 TO 07~3"O (32 DAYS)
WATER CONSUMED 21 UNITS (READS 185 TO 206)
ENER~Y FEE .,06920 I"ER UNIT OF WATER CONSUMED
30.00
24.57
1. 45
TOT AL CHAR~ES DUE
56.02
YATER CONSUMED THIS MONTH 15708 val..
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.................... XERISCAPE ~ARDEN ......................
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LOW YATER USA;E PLANTS. IRRI~ATION SYSTEMS AND USE OF MULCH.
LOCATED AT SOUTHWESTERN SATELLITE SCHOOL - 1468 EAST H ST.
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WATER SYSTEM FEE
SERVICE DATES FROM 06/21/'0 TO 07/23/'0 C32 DAVSJ
WATER CONSUMED 30 UNITS (READS 32' TO 3S'J
ENER.V FEE ..06'20 ~ER UNIT OF WATER CONSU/'lED
30.00
:IS, '0
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TOTAL CHAR;ES DUE
67.17
WATER CONSUMED THIS MONTH
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FINAL PAYMENT DATE 08/16/90
.................... XERISCAPE ;ARDEN ......................
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LOCATED AT SOUTHWESTERN SATELLITE SCHOOL - 1468 EAST H ST.
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ACCOUtH
NUMBER
9t 3-0836-1"
-TI::'-W~-\~;::'~'~~:''!"''''''Y'~-~
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YATER 8YSTEM FEE
8ERVICE DATES FROM 06/21/'0 TO 07/23/'0 (32 DAYS)
YATER CONSUMED 68' UNITS (READS 13230 TO 13"')
ENERCOY FEE ..06920 PER UNIT OF YATER CONSUMED
.TOTAL CHAR;ES DUE
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YATER CONSUMED THIS "ONTH 515372 gal..
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FINAL PAYMENT DATE 08/16/90
30.00
RS.87
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LOCATED AT SOUTHWESTERN SATELLITE SCHOOL - '''68 EAST H ST.
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ACCOUNT
NUMBER
913-08:37-13
YATER SYSTEM FEE
SERVICE DATES FROM 06121/'0 TO 07123/'0 C32 DAYS)
YATER CONSUI'tED 336 UNITS UtEADS 850" TO 8MO)
ENERCWV FEE ..06'20 PER UNIT OF' "'ATEIt CONSUMED
30.00
3'6."
23. 2S
TOTAL CHARGES DUE
"50.21
YATER CONSUMED THIS MONTH 2S1328 val..
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FINAL PAYMENT DATE 08/16/90
.................... XERISCAPE GARDEN ......................
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LOW WATER USAGE PLANTS. IRRIGATION SYSTEMS AND USE OF MULCH.
LOCATED AT SOUTHWESTERN SATELLITE SCHOOL - 1..68 EAST H ST.
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ACCOUNT
NUMBER
. I
660 IRR EAST NAPLES
WATER SYSTEM FEE
SERVICE DATES FROM 06/21/90 TO 07/23/90 (32 DAVSI
WATER CONSUMED 118 UNITS (READS 1459 TO IST71
ENERI;V FEE ..06920 PER UNIT OF WATER CONSUMED
30.00
138.06
e.16
TOTAL CHAR~ES DUE
176.22
WATER CONSUMED THIS MONTH 88264 V-h.
FINAL PAYMENT DATE 08/16/90
.................... XERISCAPE ;ARDEN ......................
OPEN TO THE PUBLIC (ANYTIME) FOR A SELF-~UIDED TOUR TO VIEW
LOW WATER USAI;E PLANTS. IRRII;ATION SYSTEMS AND USE OF MULCH.
LOCATED AT SOUTHWESTERN SATELLITE SCHOOL - 1468 EAST H $T.
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ACCOUNT
NUMBER
913-0866-17
601 IRR DIAI10ND HEAD CT
YATER SYSTEM FEE
SERVICE DATES FROM 06/21/90 TO 07/23/90 (32 DAYS)
YATER CONSUMED 71 UNITS (READS 50i! TO 573)
~ ENER~Y FEE ..069i!O ~ER UNIT OF YATER CONSU~D
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83.07
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TOTAL CHARc;ES DUE
117 . 98
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YATER CONSUMED TH I S "ONTH 53108 Gal..
FINAL PAYMENT DATE 08/16/90
.................... XERISCAPE ~ARDEN ......................
OPEN TO THE PUBLIC (ANYTIME) FOR A SELF-~UIDED TOUR TO VIEW
LOW WATER USAGE PLANTS, IRRIGATION SYSTEMS AND USE OF MULCH.
LOCATED AT SOUTHWESTERN SATELLITE SCHOOL - '''68 EAST H ST.
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8~RVICE DAT~S FROM 06/21/90 TO 07/23/90 (32 DAYS)
~ATER CONSUMED 33 UNITS (READS 325 TO 358)
ENERGY nE .. oneo ~ER UNIT OF WATER CONSUrED
38.61
2.28
30.00
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TOTAL CHAR;ES DUE
70.89
WATER CONSUMED THIS "ONTH e~68~ val..
FINAL PAY~NT DATE 08/16/90
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LOCATED AT SOUTHWESTERN SATELLITE SCHOOL - 1~68 EAST H ST.
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ACCOUNT
NUMBER
WATER SYSTEM FEE
SERVICE DATES FROM 06/21/90 TO 07/23/90 (32 DAYS)
WATER CONSUMED 23 UNITS (READS 257 TO 280)
ENERQY FEE ..06920 PER UNIT OF WATER CONSUIED
30.00
26.91
1.59
TOTAL CHARgES DUE
58.50
WATER CONSUMED THIS MONTH 11204 val..
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.................... XERISCAPE gARDEN ......................
OPEN TO THE PUBLIC (ANYTIME) FOR A SELF-gUIDED'TOUR TO VIEW
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LOCATED AT SOUTHWESTERN SATELLITE SCHOOL - 1468 EAST H ST.
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YATER SYSTEM FEE
SERVIPE DATES FROM OS/22/90 TO 06/21/90 (30 DAYS)
WATER CONSUMED 85 UNITS (READS 1607 TO 1692)
ENERGY FEE ..06920 PER UNIT OF WATER CONSU~D
TOT AL CHARGES DUE
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FINAL PAYMENT DATE 07/17/90
.......................... NOT E..........................
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THIS IS THE FOURTH YEAR OF A CALIFORNIA DROUGHT.
PLEASE DO ALL YOU CAN TO HELP REDUCE WATER
CONSUMPTION BY 10 PERCENT. THANK YOU
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1251 IRR "EDICAL CENTER DR
.. -
WATER SYSTEM FEE
SERVICE DATES FROM OS/22/90 TO 06/21/90 (30 DAYS)
WATER CONSUMED 99 UNITS (READS 1295 TO 1394)
ENERI:Y FEE ..06920 PER UNIT OF WATER CONSUMED
30.00
115.83
6.85
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TOT AL CHARQES DUE
152.68
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FINAL PAYMENT DATE 07/17/90
.......................... NOT E..........................
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROUQHT.
PLEASE DO ALL YOU CAN TO HELP REDUCE WATER
CONSUMPTION BY 10 PERCENT. THANK YOU
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~ATER SYSTEM FEE
SERVICE DATES FROM OS/22/90 TO 06/21/90 (30 DAYS)
WATER CONSUI'IED 118 UNITS CREADSJ455 TO 15731
ENERc;y FEE ..06920 PER UNIT OF WATER CONSUI'IED
TOTAL CHARc;ES DUE
30.00
138.06
8.16
176.22
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FINAL PAYMENT DATE 07/17/90
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"-",... . if..":. '-',. ~". :' . _:.. '~: f e_"-..,~ i'" - "".~..;>:.~~ "",,: .,,_ :",:,.,
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:;~~~~ 698 IRR EAST NAPLES
.:~;~ .:'~'-~-1~.~f ~::~ :l :" . I ;1' , . ~ . ;~~~-:.~-~-~.~ !~~~,-;~~')i:>'~':
~
~J:~~ 913-0829-13
.. -
WATER SYSTEM FEE
SERVICE DATES FROM OS/22/90 TO 06/21/90 (30 DAYS)
WATER CONSUMED 153 UNITS (READS 1660 TO 1813)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
TOTAL CHARQES DUE
219.59
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FINAL PAYMENT DATE 07/17/90
.......................... NOT E..........................
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROUQHT.
PLEASE DO ALL YOU CAN TO HELP REDUCE WATER
CONSUMPTION BY 10 PERCENT. THANK YOU
.' .
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~UC,J~ENRT 913-0830-10
687 IRR EAST NAPLES
~ATER SYSTEM FEE
SERVICE DATES FROM OS/22/90 TO 06/21/90 (30 DAYS)
~ATER CONSUMED 14 UNITS CREADS 171 TO 185)
ENERGlY FEE ..06920 PER UNIT OF ~ATER CONSUMED
.J
TOTAL CHARGlES DUE
30. 00
16.38
0.96
417. :J4
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FINAL PAYMENT DATE 07/17/90
.......................... NOT E..........................
THIS IS THE FOURTH YEAR OF A CALIFORNIA l)ROUGlHT.
PLEASE DO ALL YOU CAN TO HELP REDUCE ~ATER
CONSUMPTION BY 10 PERCENT. THANK YOU
".,.;""".
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1098 IRR
YATER SYSTEM FEE
SERVICE DATES FROM OS/22/'0 TO 06/21/'0 (30 DAYS)
YATER CONSUMED 26 UNITS (READS 303 TO 329)
ENER~Y FEE ..06920 PER UNIT OF YATER CONSUMED
TOTAL CHAR~ES DUE
,
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30.42
1.'79
62.21
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FINAL PAYMENT DATE 07/17/90
.......................... NOT E..........................
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROU~HT.
PLEASE DO ALL YOU CAN TO HELP REDUCE WATER
CONSUMPTION BY 10 PERCENT. THANK YOU
$ ~":1"f ";.,; " ~._- .1I~. ..,-.iJ.{~.....'.;:'~~-!")__~ 1'.(.......~.~)~_.:;...11. .'.
, .~-oNE ctJNIT ':OF .Uo\TER EGUAUf 748 ;.M.:lVN8 .:;':;~>.::.~..~~;,:".
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~~~~~ '10 IRR I'IEDICAL CENTER DR
. - -
WATER SYSTE" FEE
SERVICE DATES FRO" OS/22/90 TO 06/21/90 (30 DAYS)
WATER CONSU~D 551 UNITS (READS 12679 TO 13230)
ENERI:Y FEE . . 06920 PER UNIT OF WATER CONSU~D
30.00
657.11
38.12
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FINAL PAY~NT DATE 07/17/90
.......................... NOT E..........................
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROU~HT.
PLEASE DO ALL YOU CAN TO HELP REDUCE WATER
CONSU"PTION BY 10 PERCENT. THANK YOU
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ACCOUNT
NUMBER
UATER SYSTE" FEE
SERVICE DATES FRO" OS/22/90 TO 06/21/90 (30 DAYS)
UATER CONSU~D 295 UNITS (READS 8209 TO 8504)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSU~D
TOT AL CHAR(;ES DUE
30.00
347.35
20.41
397.76
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FINAL PAYMENT DATE 07/17/90
.......................... NOT E..........................
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROU;HT.
PLEASE DO ALL YOU CAN TO HELP REDUCE UATER
CONSUI'IPTI ON BY 10 PERCENT. THANK YOU
. .
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ACCOUNT
NUMBER . 13-0865-18
~~~';~ 660 IRR EAST NAPLES
WATER SYSTEM FEE
SERVICE DATES FROM OS/22/90 TO 06/21/90 (30 DAYS)
WATER CONSUMED 105 UNITS (READS 1354 TO 1459)
ENERGY FEE . . 06920 PER UNIT OF WATER CONSUMED
122.85
7.26
TOTAL CHARGES DUE
160.11
30.00
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FINAL PAYMENT DATE 07/17/90
.......................... NOT E..........................
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROUGHT.
PLEASE DO ALL YOU CAN TO HELP REDUCE WATER
CONSUMPTION BY 10 ~ERCENT. THANK YOU
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:;~~~~~ 601 IRR DINtOND tEAD CT
WATER SYSTEM FEE
SERVICE DATES FROM OSI2!/90 TO 06/!1/90 (30 DAYS)
WATER CONSUMED 189 UNITS (READS 313 TO SO!)
ENERC;Y FEE . .069!O PER UNIT OF WATER CONSUI'lED
30.00
221.13
13.07
TOTAL CHARC;ES DUE
264.20
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FINAL PAYMENT DATE 07/17/90
.......................... NOT E..........................
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROUC;HT.
PLEASE DO ALL YOU CAN TO HELP REDUCE WATER
CONSUMPTION BY 10 PERCENT. THANK YOU
~:,- ,,' -,' .,.,'".,._:_...:', ,,:., . !~)o....'" ~
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ONE U.IT OFiMTER EQUALS'''' $Al..1..ONs ..>,::r:~',~.,/ ,
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ACCO;'!~~T
NUMBER 913-0868-15
1110 IRR "EDICAl. CENTER DR
WATER SYSTEM FEE
SERVICE DATES FROM OS/22/90 TO 06/21/90 (30 DAYS)
WATER CONSUMED 31 UNITS (READS 294 TO 325)
ENER~Y FEE ..06920 PER UNIT OF WATER CONSUMED
TOTAL CHAR~ES DUE
30.00
36.27
2.14
68.41
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.......................... NOT E..........................
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ONE UNIT 'OF ~TER~QUAL8'!J-48 CALl.ONS,;.;~~.'"):.;>, ~..;. ......., ,
:_:.......,_,_, .,- _ ~ . . _.;..0.....- ........t ....-__ '~-i.-JW. .z:';"~~"""", .;.......;J!!I;...-....;.'.-,,;...;.. ~~._~.-;~"-... .;.."- -.:....~ ~.,?:..-:.'a..' L...:l;,;;... "j,.A
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROU~HT.
PLEASE DO ALL YOU CAN TO HELP REDUCE WATER
CONSUMPTION BY 10 PERCENT. THANK YOU
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~Uc,,;>~ENRT 91 J-0869-14
WATER SYSTEM FEE
SERVICE DATES FROM OS/22/90 TO 06/21/90 (30 DAYS)
WATER CONSU~D 25 UNITS (READS 232 TO 257)
ENERf:Y FEE ..06920 PER UNIT OF WATER CONSU~D
TOTAL CHARGES DUE
30.00
29.25
1.73
60.98
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FINAL PAY~NT DATE 07/17/90
.......................... NOT E..........................
THIS IS THE FOURTH YEAR OF A CALIFORNIA DROUf:HT.
PLEASE DO ALL YOU CAN TO HELP REDUCE WATER
CONSUMPTION BY 10 "ERCENT. THANK YOU
J'
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"- . .. ,,- C>NE -:UNIT OF <WATER:DUAL;I '1'48 .~.~,,;;."'..,..~..l.."'. i . \. I.,
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, ~13-0826-16
1250 MEDICAL CENTER DR
~ATER SYSTEM FEE
SERVICE DATES FROM 0~/22/91 TO OS/21/91 (29 DAYS)
WATER CHAR~E FOR 81 UNITS (READS 2377 TO 2~58)
ENER~Y CHAR~E .. 069l!O ~ER UNI T OF WATER CONSU~D
30.00
1l!:1.50t,\
5.6
PLEASE PAY THIS AMOUNT
FINAL ~AYI'ENT DATE 06/1 ~/91
157. 1 0
CONSUMPTION THIS MONTH
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ACCOUNT
NUMBER ,113-0827-' 5
SERVICE
ADDRESS t251 MEDICAL CENTER DR
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YATER SYSTEM FEE
SERVICE DATES FROM 0~'22'" TO 05~1'" (Z' DAYS)
WATER CHAR~E FOR Te UNITS CftEADS "38 TO Z010)
ENER~Y CHAR~E ..06'ZO PEft UNIT OF WATEft CONSUMED
30.00
, OIL 00
4.'S
PLEASE PAY THIS AMOUNT
FINAL PAYMENT DATE 06/,4",
142.98
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CONSUMPTION THIS MONTH
53,856 gal..
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NUMEER "'913-0828-1 "I
:\>:;qS~~tV\rf';jJ~-:'~'.~'..,
.. -
11 92 SUNDOIoIN LN
UATER SYSTEM FEE
SERVICE DATES FRO" 04/e2/', TO OS/el/" (e, DAYSl
WATER CHARGE FOR 82 UNITS (READS 2272 TO 23541
ENERGY CHARGE ..06920 PER UNIT OF UATER CONSU~D
30.00
1e3.00
5.67
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FINAL PAY~NT DATE 06/1"1/91
158.67
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'-Nu",eER :lJ1 3-0829-1 3
EAST NAPLES
~ATER SYSTEM FEE
SERVIC~ DAT~S ~ftOM 04/2e/" TO OS/2'/" (2' DAYS)
WATER CHAR~E FOR 90 UNITS (READS e5S7 TO 2677)
ENER~Y CHAR~E ..06920 PER UNIT OF WATER CONSUMED
30.00
135.00
6.22
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FINAL PAYMENT DATE 06/'4/"
171.22
CONSUMPTION THIS MONTH
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NUMBER '913-0830-10
687 EAST NAPLES
WATER SYSTEM FEE
SERVICE DATES FROM 0~/22/91 TO OS/2'/" (29 DAYS)
~ATER CHARGE FOR 13 UNITS (READS 273 TO 286)
ENERGY CHARGE ..06920 PER UNIT OF ~ATER CONSUMED
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FINAL PAYMENT DATE 06/1~/91
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ACCOUNT
NUMBER .9t 3-0831-19
WATER SYSTEM FEE
SERVICE DATES FROM 04/ee/" TO OS/2,/', (2' DAYSl
WATER CHAR~E FOR 22 UNITS (READS 4TO TO 4'21
ENER~Y CHAR~E ..06'20 PER UNIT OF WATER CONSU~D
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FJNAL PAY~NT DATE 06/,4/',
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,YATER SYSTEM FEE
/ SERVICE DATES FROM 04/2U91 TO OS/21/91
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! WATER CHAR~E FOR 367 UNITS (READS 17201
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WATER CHAR~E FOR e67 UNITS (READS 10690 TO 10957)
!ENER~Y CHAR~E ..06geo PER UNIT OF WATER CONSUMED
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FINAL PAYMENT DATE 06/14/91
CONSUMPTION THIS MONTH 199,716 ~.l..
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ACCOUNT
NUMBER .913-0865-18
YATER SYSTEM FEE
SERVICE DATES FROM 04~ee~91 TO OS/Z1~'1 ce9 DAYS)
YATER CHAR~E FOR 59 UNITS CREADS eoe3 TO eose)
ENER~Y CHAR~E ..06geo PER UNIT OF ~ATER CONSUMED
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FINAL PAYMENT DATE 06~14~91
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CONSUMPTION THIS MONTH 44,132 gal..
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-HUM. OR 91 J-0866-17
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WATER SYSTEM FEE
S~ftVICE DATES ~ftOM 04/zE/', TO OS/2'/" (2' DAYS'
WATER CHARGE FOR 21 UNITS (READS 80e TO 823'
ENERGY CHARGE ..06~eo PER UNIT OF WATER CONSU~D
30.00
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FINAL PAYMENT DATE 06/'4/"
6e.95
CONSUMPTION THIS MONTH
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~ATER SYSTEM FEE
SERVICE DATES FROM 0~/22/" TO OS/2,/', (2' DAYS)
WATER CHARGE FOR " UNITS (READS ~,~ TO 513)
ENERGY CHARGE ..06'20 PER UNIT OF WATER CONSUMED
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FINAL PAYMENT DATE 06/1~/"
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NUMBER '13-0869-14 1l!~Se "EDICAL CENTER DR
WATER SYSTEM FEE
SERVICE DATES FROM 04/22/91 TO OS/21/91 (29 DAYS)
WATER CHAR~E FOR ET UNITS (READS 328 TO 3SS)
ENER~Y CHAR~E ..06920 PER UNI T OF WATER CONSUMED
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FINAL PAY~NT DATE 06/14/91
72.36
CONSUMPTION THIS ~NTH
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