HomeMy WebLinkAboutAgenda Packet 1991/07/16
Tuesday, July 16, 1991
6:00 p.m.
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Council Chambers
Public Services Building
Resmlar MeetinS?: of the City of Chula Vista City Council
CAILED TO ORDER
1.
CAlL THE ROLL:
Councilmembers Grasser Horton --.J Malcolm _, Moore -1 Rindone _
and Mayor Nader _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SIlENT PRAYER
3. APPROVAL OF MINlITES: June 11 and June 18, 1991
4. SPEClAL ORDERS OF THE DAY:
a. 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, Urrtia Family, Viesca Family, Masters Family, Sevilla Family, Fox Family,
and Capetanakis Family.
b. Announcing official commencement of Traveler Information (Radio) Station Operations -
The City and the Chula Vista Chamber of Commerce will 'throw the switch' to announce
official commencement of the City's new short-range radio station (AM 1610).
CONSENT CALENDAR
The staff recanrmendations regarding the following items listed under the Consent Calendar will be enacted by the
Council by one motion without discussion unless a CounciImember, a member of the public or CiJy staff requests
that the item be pulled for discussion. If you wish to speak on one of these items, please [tll out a 'Request to
Speak Form' available in the lobby and submit it to the CiJy 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
recanrmendation.) Items pulled from the Consent Calendar will be discussed after Public Hearings and Oral
Communications. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Claims against the City - Peter Aardema, c/o Royce, Grimm, Vranjes, McCormick & Graham,
Attorney at Law, 185 West 'F' Street, Suite 200, San Diego, CA 92101.
b. Petition requesting paving of alley on Elm Avenue - Property Owners on Madrona, Cypress
and Minot.
Agenda
-2-
July 16, 1991
c. Letter requesting waiver of Conditional Use Pennit and Environmental Study fees for a
Culturally Specific Men's RecovetyHome - Roger Cazares, Executive Director, MAAC Project.
140 West 16th Street, National City, CA 92050.
6. ORDINANCE 2465 REZONING CERTAIN 1ERRITORY KNOWN AS SUBAREA 2 OF PART III,
WITIllN STUDY AREA B, AND GENERALLY LOCATED WITIllN CENfRAI.
CHULA VISTA COMMUNITY, EAST OF FOURlli AVENUE BE'IWEEN 'E'
AND DAVIDSON STREETS, TO REQUIRE A PRECISE PLAN FOR TIiE
DEVELOPMENT OF PARCElS WITIllN TIiE AREA DEPICfED ON EXHIBIT
A (second readinR: and adoption) - Staff recommends Council place
ordinance on second reading and adoption. (Director of Planning)
7. ORDINANCE 2464 AMENDING SECTION 9.20.020, 9.20_040, 9.20.045, 9.20.050AND ADDING
SECTION 9.20.035 TO CHAPTER 9.20, PROPERTY DEFACEMENT, OF TIiE
CHULA VISTA MUNICIPAL CODE (second readinR: and adoption) - The
proposed ordinance will add a section not permitting graffiti to remain and
amend sections to include the regulation of displaying aerosol paint
containers and felt tip markers, enforcement of wrongful storage offenses,
parental civil responsibility for damages, and civil responsibility for
damages wrongful display or storage. Staff recommends Council place
ordinance on second reading and adoption. (Director of Public Works)
First reading of ordinance was at the 6/18/91 meeting.
8A ORDINANCE 2469 AUTIlORIZING AN AMENDMENT TO TIiE CONTRACf Willi TIiE BOARD
OF ADMINISTRATION OF TIiE PUBUC EMPLOYEES' RETIREMENT
SYSTEM (first readinR:) - Action will amend the City's Public Employees'
Retirement (PERS) contract to provide for Section 20020.1. Staff
recommends Council place the ordinance on first reading and approve the
resolution. (Director of Personnel)
B. RESOLUTION 16253 INTENTION TO APPROVE AN AMENDMENT TO CONTRACf BE'IWEEN
TIiE BOARD OF ADMINISTRATION OF TIiE PUBUC EMPLOYEES'
RETIREMENT SYSTEM
9. RESOLUTION 16233 RATIFYING AGREEMENT WITII JOHN BURNHAM AND COMPANY FOR
BENEFIT CONSULTING SERVICES AND AUTIlORIZING TIiE MAYOR TO
EXECUTE 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) Continued from 7/9/91 meeting.
10. RESOLUTION 16254 AUTIlORIZING AGREEMENT Willi YVONNE T. QillN FOR USE OF
COMMERCIAL OFFICE SPACE FOR TIiE CASTI.E PARK/OTAY BRANCH
UBRARY - The lease commences 7/1/91 and will expire 6/30/92 with an
option to renew for four years on a cost of living formula. Staff
recommends approval of the resolution. (Library Director)
Agenda
-3-
July 16, 1991
11. RESOLUTION 16255 AlITHORlZING TI-IE MAYOR TO EXECUTE A CONTRACf FOR A
SYMPHONY CONCERT AND TO ENTER INTO INDEMNIFICATION
AGREEMENTS - The City in conjunction with the San Diego Unified Port
District is planning to host the San Diego Symphony Pops Orchestra for a
concert at Marina View Park on Sunday, July 21,1991. Staff recommends
approval of the resolution. (Director of Parks and Recreation)
12. RESOLUTION 16256 AlITHORlZING A CHANGE ORDER TO TI-IE 1990/91 PAVEMENT
OVERLAY CONTRACf AND APPROPRIATING FUNDS FROM TI-IE
UNAPPROPRIATED BALANCE OF TI-IE GAS TAX FUND - Sweetwater
Authority is completing a water main replacement project in 'E' Street
between Second and Fifth Avenues. Since 'E' Street also requires some
pavement maintenance work, Sweetwater Authority and City staff are
proposing a joint overlay project. Staff proposes adding the work to the
existing overlay project contract with Sim J. Harris Company as a change
order. Sweetwater Authority will pay their share at approximately
$30,000. Staff recommends approval of the resolution. (Director of Public
Works)
13. RESOLUTION 16257 APPROVING ENCROACHMENT PERMIT NUMBERPE-234 FOR RETAINING
WAll. AT 119 FIRST AVENUE - The City is installing curb, gutter and
sidewalk along a portion of First Avenue as part of a 1911 Block Act
project. In order to do this work in front of 119 First Avenue, a retaining
wall must first be built due to the existing topography. A portion of the
wall is eight feet in height. Staff recommends approval of the resolution
and authorize the City Engineer to issue the permit. (Director of Public
Works)
14. RESOLUTION 16258 APPROPRIATING FUNDS AND DIRECflNG SfAFF TO ENTER INTO AN
AGREEMENT WITH TI-IE PROPERTY OWNERS OF PARCEL 618-152-16
(1070-1072 FIFTH AVENUE) FOR DRAINAGE IMPROVEMENTS ADJACENT
TO TI-IE FIFTH AVENUE SfREET IMPROVEMENT PROJECf FROM "I.'
SfREET TO NAPLES SfREET - The property owners of 1070-1072 Fifth
Avenue are requesting in accordance with the City's drainage policy for
lateral channels that the City participate in improving the drainage facility
across their driveway. The policy states that the City may participate in up
to 50% of improvements for lateral channels. This proposed drainage
improvement would consist of a rectangular concrete channel connecting
to the City's existing facilities at Fifth Avenue and extending westerly to the
existing corrugated metal pipes. Staff recommends Council appropriate
$37,000 and approve the resolution. (Director of Public Works)
15. RESOLUTION 16259 APPROVING TI-IE SUBMITTAL OF APPUCATION FOR Sf ATE-LOCAL
TRANSPORTATION DEMONSfRATION PROGRAM (STATE SENATE BIlL
SB-3(0) THIRD CYCLE FUNDS - SB-300 created the Transportation
Demonstration Program to identify and construct locally supported projects
with a minimum of State planning and review. Staff has prepared an
application package to CalTrans, the agency administering State-Local
Transportation Demonstration Programs and on 6128/91 submitted said
Agenda
-4-
July 16, 1991
package. A Council resolution approving submittal of the application is
required. Staff recommends approval of the resolution. (Director of Public
Works)
16.A. RESOL\TI10N 16260 APPROVING AMENDMENT TO AGREEMENT Willi SWEETWATER
AUlHORITYTO PROVIDE FOR COu.ECllON OF STORM DRAIN FEES - On
12/8/91 the U.s. Environmental Protection Agency proposed regulations
for the issuance of National Pollutant Discharge Elimination System
(NPDES) permits to regulate storm water discharge into the waters of the
u.s. The fmal version of these regulations were issued on 11/16/90.
These permits will require agencies discharging storm water to develop
management programs for the control of pollutants. The City established
a storm drain fee by enacting Ordinance 2463 on 6/18/91. The storm
drain fee will pay for the establishment and implementation of the NPDES
program. Amendments to the agreements with the Sweetwater Authority
and the Otay Water District will be needed to provide for the collection of
said storm drain fees. Staff recommends approval of the resolutions.
(Director of Public Works)
B. RESOL\TI10N 16261 APPROVING AMENDMENT TO AGREEMENT WITIf OTAY WATER
DISTRICf TO PROVIDE FOR COu.ECllON OF STORM DRAIN FEES
17. RESOL\TI10N 16262 ACCEPTING CONTRACf WORK FOR mE BONITA ROAD WIDENING
FROM FLOWER STREET TO BONITA GLEN DRIVE IN mE crIY; AND
APPROPRIATING FUNDS TIfEREFORE - On 11/6/90 Council awarded a
contract in the amount of $218,699.83 (including contingencies) to L. R.
Hubbard Construction Co., Inc. The total cost of the project, however,
exceeded the budgeted funds by $16,878,80 for staff time. It is necessary,
therefore, that this amount be appropriated from the unappropriated Gas
Tax Fund. Staff recommends approval of the resolution. (Director of
Public Works)
1B.A. REPORT SUPPLEMENTAL REPORT ON CONTRACf FOR PUBUC WORKS
INSPECllONS SERVICES FOR FISCAL YEAR 1991/92
B. RESOL\TI10N 16240 APPROVING AGREEMENT FOR PUBUC WORKS CONSTRUCllON
INSPECllON SERVICES FOR FISCAL YEAR 1991/92 WITIf BSI
CONSULTANTS, INC. AND AUlHORlZING mE MAYOR EXECUTE SAID
AGREEMENT - The Council in conjunction 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 negotiated a contract with BS[
Consultants, Inc. to provide the public works construction services during
FY 1991/92. 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) Continued from 7/9/91 meeting.
* * END OF CONSENT CALENDAR * *
Agenda
-5-
July 16, 1991
PUBlJC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The folIowing'iJems have been advertised and/or posted as publil: 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 recommendaIion; complete the pink form
to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individuaL
19.
PUBlJC HEARING
CONSIDERATION OF A RATE INCREASE FOR TRASH SERVICE PROVIDEI>
BY LAIDLAW WASTE SYSTEMS, INC. - (Director of Finance) Continued
from the meeting of 6/18/91. Staff recommends that the public hearing
be continued to the meeting of August 13, 1991.
20.
PUBlJC HEARING
PCS-91-M - CONSIDERATION OF TENTATIVE SUBDMSION MAP FOR
EASf PALOMAR ESTATES, aruLA VISTA TRACf 91-04 - WESTERN
COMMUNITIES ASSOCIATES - The applicant has submitted a tentative
subdivision map in order to subdivide 3.3 acres at the comer of East
Palomar Street and Nolan Avenue into thirteen (13) single family lots.
Based on Initial Study 91-35 and the comments thereon, the Environmental
Review Coordinator has concluded that there would be no significant
environmental impacts and recommends adoption of the Negative
Declaration. Staff recommends approval of the resolution. (Director of
Planning)
RESOLUTION 16263 APPROVING PCS-91-M - TENTATIVE SUBDMSION MAP FOR EASf
PALOMAR ESTATES, aruLA VISTA TRACf 91-04 - WESTERN
COMMUNITIES ASSO<JATES
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the Council's
jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the City Council from
taking action on any issues not included on the posted agenda.) If you. wish to address the Council on such a
subject, please complete the yellaw "Request to Speak Under Oral Communications Form" available in the lobby
and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address
for record purposes and follow up actinn. Your time is limited to three minutes per speaker.
ACIlON ITEMS
The iJems listed in this section of the agenda are erpected to elicit substantinl discussions and deliberatinns by the
Council, staff, or members of the general public. The iJems will be considered individually by the Council and staff
recommendatinns may in certain cases be presented in the alternative. Those who wish to speak, please fill out
a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Public
comments are limited to five minutes.
21. RESOLUTION 16264 APPROVING PRElJMlNARY DESIGN REPORT FOR IMPROVEMENTS OF
BROADWAY FROM "L" STREET TO NAPLES STREET - Council provided
staff with policy direction concerning construction of street improvements
along the Broadway corridor including construction of raised median
Agenda
.6.
July 16, 1991
islands. At the meeting of 2/2/90, Council accepted the recommendations
of the Chamber of Commerce and staff. In addition, Council directed staff
to provide concept plans depicting new medians at those intersections
where traffic level warrant medians. Concept plans were to be presented
to Council for approval prior to the preparation of final construction plans.
Staff recommends approval of the resolution and direction to staff to
proceed with the final design plan. (Director of Public Works)
22. RESOLUTION 16265 APPROVING TIIE TEMPORARY CLOSURE OF BONITA ROAD AND A
PORTION OF OTAY LAKES ROAD TO CONDucr BONITAFEST . The
Bonitafest Committee and its sponsoring organization, the Bonita Business
and Professional Association is requesting permission to conduct the 19th
Annual Bonitafest on Saturday, September 28, 1981. As part of this event,
Bonita Road and Otay Lakes Road are being considered for a temporary
closure. Staff recommends Council approve the temporary closure of
Bonita Road between Willow Street and Central Avenue for the parade and
staffs proposal for a partial closure of Otay Lakes Road north of Allen
School Lane subject to conditions. (Director of Public Works)
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the CiJy Council will consider items whkh have been forwarded to them for consideration by one
of the CiJy's Boards, Commissions and/or Committees.
None submitted.
ITEMS PULLED FROM TIIE CONSENT CALENDAR
This is the time the CiJy Council will discuss items whkh have been remotIed from the Consent Cakndor. Agenda
items pulled at the request of the public will be considered prior to tJwse pulled by Councilmembers. Public
comments are limited to five minutes per individual
OTIIER BUSINESS
23. OIT MANAGER'S REPORT(S)
a. Scheduling of meetings.
24. MAYOR'S REPORT(S)
a. Referral to the Charter Review Commission regarding emergency meeting notices by the
City Council. Continued from the 7/9/91 meeting.
b. Ratification of CommissiOn/Committee Appointments. Resource Conservation Commission
and Chula Vista 21. Continued from 7/9/91 meeting.
Agenda
-7-
July 16, 1991
c. Value of requiring graffiti-proof paint on decorative surfaces, utility boxes, etc. Continued
from 7/9/91 meeting.
d. Composition of Bayfront Subcommittee.
e. Appropriate Technologies II Subcommittee.
f. Designation of MTDB Alternate.
25. COUNCJL COMMENTS
Councilman Rindone
a. Re-referral to Charter Review Commission to review the thirty (30) day provision for City
Council absences. Continued from the 7/9/91 meeting.
Councilman Moore
a. Excessive distance between fire hydrants in portions of southwest Chula Vista. New
construction permit requires improvements at high cost for typical residential unites). Refer
to staff for alternatives includiog liaison with appropriate water district.
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Pending litigation pursuant to Government Code Section 54956.9 - Catherine Morris versus the City
of Chula Vista
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on July 23,
1991 at 6:00 p.m. in the City Council Chambers.
COUNCIL AGENDA STATEMENT
ITEMk
MEETING DATE 7/16/91
ITEM TITLE: Recognition of Foreign Exchange Students & Host Families
Mayor Tim Nad~
certificates of Recognition will be presented by Mayor Nader to the
foreign exchange students from Irapuato, Mexico, their Coordinator and
host families as follows:
SUBMITTED BY:
(4/STHS VOTE: YES
NO xx
Carlos Pacheco Tirado
Orlando Hernandez
Rose A. Ramirez Ochoa
Francisco Mosqueda Gallogos
Salvador Carrillo Cueva
Adriana Cortes J., Coordinator
Urrutia Family
viesca Family
Hasters Family
Sevilla Family
Fox Family
Capetanakis Family
L{-A ' I
~
COMMENDING ADRIANA CORTES JIMENEZ
FOR HER DEDICATED SERVICES IN COORDINATING
THE FAS HUMANA PROGRAM
WHEREAS, Adriana Cortes Jimenez has given unselfishly of her
time and talents to coordinate the Fas Humana Program in our sister
city - Irapuato, Mexico; and
WHEREAS, the FAS Humana Program provides abandoned or severely
abused children with shelter, food and education giving a caring
and loving environment in which to grow; and
WHEREAS, we believe our world's most precious commodity is its
youth, and we commend the efforts of Adriana and the Fas Humana
Program for providing support and guidance in nurturing these young
children into responsible adults; and
WHEREAS, Adriana has worked very hard to do something about
the conditions in her community giving the children hope which they
might not otherwise have; and
WHEREAS, Adriana has been instrumental in assisting our city
to develop an exchange program giving students from our community
a cross-cultural educational opportunity to share their love and
talents with children in our sister City through the Kellogg Grant:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula
Vista, California, do hereby COMMEND ADRIANA CORTES JIMENEZ for her
dedicated services in coordinating the Fas Humana Program in
Irapuato, Mexico and call upon all citizens to join me in
commending Adriana for her dedication in giving love and guidance
to the needing children.
COUNCIL AGENOA STATEMENT
Item
4b
Meeting Date 7/16/91
ITEM TITLE Special Orders of the Day - Announcing Official Commencement of
Traveler Information (Radio) Station Operations
SUBMITTEO BY Principal Management Assistant Snyder'i&
REVIEWED BY City ManagerV4 ~~ 4/5 Vote: Yes_ Nol
The City Council and the Chula Vista Chamber of Commerce will "throw the
switch" to announce official commencement of the City's new short-range radio
station, which will broadcast information to travelers and Chula Vista
residents on local attractions, special events and related traffic circulation
and parking. Although the station, which transmits on 1610 AM, was placed in
operation on May 17, 1991, equipment problems prevented full transmission
until recently. The broadcast can now be heard within the City limits with
messages updated by the Chamber of Commerce under a specific operating
agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N.A.
RECOMMENDATION: N.A.
t..lh -I
~~~
July 12, 1991
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
Sid W. Morris, Assistant City Manager~
City Council Meeting of July 16, 1991
. Transmitted herewith are the agenda and related materials for the regular City
Council meeting scheduled for July 16, 1991. Comments regarding the Written
Communications are as follows:
Sa. IT IS RECOMMENDED THAT THE CLAIMS AND AMENDED CLAIM FILED BY PETER
AARDEMA AND CONDOR CARRIAGE COMPANY BE DENIED.
Sc. This is a petition from property owners on Madrona, Cyprus and Minot
Avenues requesting that Elm Avenue and two other alleys be paved, or
that the alleys be closed. IT IS RECOMMENDED THAT THIS REQUEST BE
REFERRED TO STAFF FOR STUDY AND A REPORT AND RECOMMENDATION BE BROUGHT
TO COUNCIL IN AUGUST.
Sd. This is a letter from the MAAC Project requesting waiver of fees for a
Conditional Use Permit and an Environmental Study required for the
operation of a men's recovery home. IT IS RECOMMENDED THAT, CONSISTENT
WITH COUNCIL POLICY REGARDING WAIVER OF FEES FOR NONPROFIT
ORGANIZATIONS, THE FEES FOR THE CUP AND ENVIRONMENTAL STUDY BE WAIVED.
SWM:mab
trans
COUNCIL AGENDA STATEMENT
Item
'5~
7116/91
Meeting Date
ITEM TITLE:
Claims Against the city
SUBMITTED BY:
Director of personnel~
(4/5ths Vote: Yes
NoL-)
Claimant No.1:
city Manager~ p.,6~
Peter Aardema
c/o Royce, Grimm, Vranjes, McCormick &
Graham
Attorneys at Law
185 West F street, suite 200
San Diego, CA 92101
REVIEWED BY:
On April 12, 1990, Ms. Adeline Miller filed a Claim against the
City for $10 million in connection with severe personal injuries she sus-
tained when she was struck by a vehicle as she crossed the street near 30th
Street and L in the city of Chu1a vista. The claim was denied by the city
Council on June 12, 1990 and the City is currently involved in litigation
concerning this incident.
On June 4, 1991, a Claim for indemnity was filed against the city of
Chula vista by Peter Aardema's representatives, and an Amended Claim was
filed on June 13, 1991 in connection with the litigation brought by Ms.
Miller.
Due to questionable liability, it is the recommendation of the
City's counsel, Daley & Heft, and Risk Management, that the Claims
described above be denied.
Claimant No.2:
Condor Carriage company
Law Offices of Vivian L. Schwartz
1615 Murray Canyon Road, suite 620
San Diego, CA 92138-1425
On May 16, 1991, a Claim was filed against the City of Chula vista
by representatives of Condor Carriage company, and an Amended Claim was
filed on June 13, 1991, apparently seeking indemnity in connection with an
1nJury involving a city employee that occurred on January 30, 1990. The
employee was allegedly injured when an outrigger installed on a City
vehicle by Condor Carriage was lowered onto his foot. He sued Condor Car-
riage who now plans to file a cross-complaint against the city.
Form A-113 (Rev. 11/79)
cJD> ~ I
It is the op1n1on of counsel for the city, and the City's claims
administrators, Carl Warren & company, that a cause of action cannot be
sustained against the City absent an express indemnity agreement between
the City and Condor Carriage. Because liability for the incident is
extremely remote, it is their recommendation, concurred in by Risk Manage-
ment, to deny the claims presented by Condor carriage.
RECOMMENDATION:
1. Deny the Claim and Amended Claim of Peter Aardema, and
2. Deny the Claim and Amended Claim of Condor Carriage company.
J
~A~~
,
. )
Date:
To:
From:
subject:
Solution:
Written Coroms: 7/16/91
July 30,1989
City of Chula vista Planning and Road Maintenance Dept.
Home Owners
Elm Avenue
Elm avenue and two other alleys are dirt alleys. In the
summer time, we have the problem of dust getting allover the
place and inside our homes. In the winter, we have mud and holes.
Just recently, a vehicle went through the fence into a back yard.
This happens often. Right now, there is gravel on the alley and
vehicles skid and lose control. This problem is getting worse and
nothing has been done for many years.
AS a dedicated alley or street, we as home owners would like these
alleys paved or closed and the property returned to the home
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Respectively Submitted:
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property owners on Madrona, Cypress and Minot
WRITiEN COMMUNICA"iiONS
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ADMINISTRA nON
140 W. 16th. St., National City, CA 92050 (619) 474-2232, FAX (619) 474-5035
June 10, 1991
Honorable Mayor Tim Nader
city of Chula Vista
276 4th Avenue
Chula Vista, CA 91910
Honorable Mayor Nader:
The MAAC PROJECT has been awarded a contract to operate a
Culturally Specific Men's Recovery Home in the south Bay by the
County of San Diego. A facility in the City of chula Vista has
been identified for this home, as such we will be applying to the
City for a Conditional Use Permit (CUP) and an Environmental
Study as a preliminary step in opening the facility.
The MAAC PROJECT is a non-profit service organization serving the
South Bay Community for over 25 years. The services that will be
offered by "Nosotros" Latino Men's Recovery Home will take place
in a sober, drug-free supportive environment. This service is
desperately needed in this area.
We request your
waiving the CUP fee
$500.
assistance and that of the City Council in
of $2,000 and the Environmental study fee of
Thank you in advance for your consideration and should you have
any questions feel free to contact Maritza Garcia at 425-9171.
'a:r'cQ
Roger Cazares
Executive Director
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WRITTEN COMMUNICA TIOpt1'"
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SUPPORTED IN PART BY UNITED WAY AND COUNTY CAP
COUNCIL AGENDA STATEMENT
Item ~ "
ITEM TITLE:
Meeting Dat1 ~
'i //P/q)
City Initiated Proposal to Amend General Plan and Zoning
Reclassification to Resolve Inconsistencies
Public Hearing: GPA-9l-lIPCZ-9l-C - City-initiated proposal to amend
the General Plan and rezone certain territory, generally bounded by E
Street, H Street, Second Avenue and Third Avenue, plus an additional
area east of Fourth Avenue between "E" and Davidson Streets, to resolve.
general planlzoning inconsistencies within the Central Chula Vista
community. The precise territorial limits, proposed rezonings, and
proposed general plan amendments are depicted on attached Exhibits
A,B,C, and D and Table 1.
ReSOlution. lj ~~ Approving an Amendment to the Chula Vista
Gene~~ /
~~~
~0'O\Ordinance JfI,S Changing the zones as described in Exhibits
c,O~O. A, B, C, and D and Table I, subject to conditions 'a' and 'b'
SUB~ BY: Director of Planning ;tf}[
REVIEWED BY: City Manage~~ (4/Sths Vote: Yes_No2U
BACKGROUND:
On June 11, 1991, the City Council held a public hearing on the above referenced General Plan
Amendment and Zoning Proposals. Due to a potential conflict of interest on the part of
Councilman Rindone relative to "Part III-Subarea 2" (an area east of Fourth Avenue between
"E" Street and Davidson Street) the public hearing relative to this subarea was continued to the
meeting of June 18. Attached is the original Council Agenda Statement on this item. It was
recommended by staff and the Planning Commission that the General Plan designation for this
subarea be changed from "High Density Residential" to "Professional and Administrative
Commercial," and that the zoning be changed from CoO (Commercial Office) to C-O-P
(Commercial Office-Precise Plan required).
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Page 2, Item
Meeting Date 6/18/91
RECOMMENDATION:
As pertains to "Part ill-Subarea 2" of the Central Chula Vista Zoning Consistency Study area:
1. Based on the Initial Study and comments on the Initial Study and Negative Declaration,
find that the proposed rezonings and General Plan amendments will have no significant
environmental impacts and adopt the Negative Declaration issued on IS-9l-13 for the
General Plan/Zoning Consistency Study.
2. Adopt a resolution to change the General Plan as described on the attached Exhibits A,
B, C, and D and Table 1.
3. Adopt an ordinance to change the zones as described on the attached Exhibits A, B, C,
and D and Table I subject to the following conditions:
(a) The City of Chula Vista shall enforce any appropriate legal mechanism sponsored
by the Chula Vista School District and the Sweetwater Union High School
District to mitigate impacts on school facilities.
(b) All existing nonconforming uses created as a result of this action shall be allowed
to be reconstructed in the vent of destruction of greater than 60 % of the
property's improvements upon review and approval of the Planning Commission.
BOARDS/COMMISSIONS RECOMMENDATION: See attached Council Agenda Statement,
dated 6/11/91.
DISCUSSION: See attached Council Agenda Statement, dated 6/11/91.
FISCAL IMPACT: Not applicable.
(A\l3-OPA91-1.2)
(." .. ;..
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ORDINANCE NO. ;t~f,~
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AN ORDINANCE OF THE CITY OF CHULA VISTA REZONING CERTAIN
TERRITORY KNOWN AS SUBAREA 2 OF PART III, WITHIN STUDY
AREA B, AND GENERALLY LOCATED WITHIN THE CENTRAL CHULA
VISTA COMMUNITY, EAST OF FOURTH AVENUE BETWEEN "E" AND
DAVIDSON STREETS, TO REQUIRE A PRECISE PLAN FOR THE
DEVELOPMENT OF PARCELS WITHIN THE AREA DEPICTED ON
EXHIBIT A ATTACHED HERETO
WHEREAS, the Council has studied the feasibility and propriety
of replanning and rezoning an area referred to as the General
Plan/Zoning Consistency Study Special Study Area B-1 in Central
Chula vista which is generally bounded by "E" Street on the north,
"H" Street on the south, Second Avenue on the east, and Third
Avenue on the west and, in addition, includes a small area located
east of Fourth Avenue between "E" and Davidson Streets, and, in
addition, includes a small area located east of Fourth Avenue
between "E" and Davidson Streets, inclusive ("Study Area"); and
WHEREAS, said study Area includes approximately 50 acres and
219 lots and was divided into three subareas to facilitate analysis
and working with the community; Part I generally includes the
southern area located between "H" and "G" Streets, Part II includes
the central area located between "G" and "F" Streets; and Part III
includes an area located between "F" and "E" streets, referred to
as Subarea I, as well as the small area adjacent to Fourth Avenue
which area is represented in the map attached hereto as Exhibit A
as Subarea 2 ("Subarea 2"), and which area is the subject matter of
this ordinance; and
WHEREAS, the city Council bifurcated Subarea 2 from the
remainder of the other Parts and areas in the Study Area,
introduced an ordinance rezoning the other areas at their City
Council meeting of June II, 1991, and deferred consideration of
Subarea 2 of Part III at that time; and
WHEREAS, the Environmental Review Coordinator conducted an
Initial Study, IS-91-13, of potential environmental impacts
associated with the implementation of the proposed rezonings and
General Plan amendments and based on the Initial Study and comments
thereon, the Coordinator has concluded that this reclassification
contemplated by this ordinance would cause no significant
environmental impacts as per the Negative Declaration issued on IS-
91-13; and,
WHEREAS, on April 10, 1991, the Planning Commission recom-
mended approval by a vote of 6-0-1 (Commissioner Martin abstained)
of the revisions to the Land Use and Land Use Diagram of the Land
Use Element of the General Plan provided for in Council Resolution
No. 1 and of the rezoning of said Study Area in the
manner herein provided; and,
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c::2<i ~3
WHEREAS, at the Council Meetings at which this Ordinance was
introduced, the City Council adopted Resolution No.
amending the General Plan to permit increased planning densities in
the manner therein provided ("General Plan Amendment"); and,
WHEREAS, the City Council has determined that the reduction in
densities permitted by this rezoning is consistent with the
increased densities permitted by the General Plan Amendment; and,
Now, therefore, the City Council of the City of Chula vista
does ordain as follows:
SECTION 1. Rezoning.
Subarea 2 is hereby rezoned so that Subarea 2, which is
designated and described on Exhibit A (attached hereto), shall be
changed from the zoning designation of c-o to the zoning
designation of C-O-P.
SECTION 2. Special Development Standard Requirements for Zone
with "P"-modifier relating to Destruction of Pre-existing, Non-
Conforming Use.
For Subarea 2, as part of the development that the City will
incorporate into any precise plans for the development or use of
property within said subareas, one such development standard shall
be that, notwithstanding section 19.64.150 of the Chula vista
Municipal Code, all existing uses within the Study Area which are
made non-conforming as a result of this action shall be allowed to
be reconstructed in the event of destruction even if the degree of
destruction is greater than 60% of the property's improvements,
subject to review and approval of the Planning Commission. The
Council finds that this mandatory development standard is necessary
to accomplish the Council's objective in this particular case, to
wit: to stabilize the existing neighborhood from further increases
in density.
SECTION 3. School Impact Fees Policy.
As a matte~ of policy, the city of Chula vista shall enforce
such legal mechanisms sponsored by the Chula vista School District
and the Sweetwater Union High School District as may be approved by
the City to mitigate impacts on school facilities.
SECTION 4: This ordinance shall take effect and be in full
force on the thirtieth day from and after its adoption.
Ie'Y
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Presented by
Robert A. Leiter, Director of
Planning
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d, City Attorney
1. Insert Council Reso No. on General Plan Amendments.
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COUNCIL AGENDA STATEMENT
r<..\0~ Item~ 7
<;>0<< Meeting Date~
~tt~n:e r:9ti0i- Amending sections 9.20.020, '1/IiD{11
~~.20.040, 9.20.045, 9.20.050, and adding section
~~ 9.20.035 to chapter 9.20 property defacement of the
O~~ Chula Vista Municipal Code first reading.
<;,.....0
..uDft..l~-J:JSD BY: Director. of Public Works#~
REVIEWED BY: City Mar::ager$ ~ (4j5ths Vote: Yes_No...1L)
At the May 28, 1991, City Council meeting Council requested that
staff return with an ordinance requiring property owners to remove
graffiti within a period of 7 to 10 days. At that meeting, staff
informed Council that the Graffiti Control Subcommittee was already
considering such an ordinance and would return with an ordinance on
graffiti control that addressed removal of graffiti by property
owners and other items.
%TEll '1':ITLE:
RECO~AT:ION: That Council adopt the ordinance amending section
9.20 of the Municipal Code.
BOARDS/COMM:ISS:IONS RECOMMENDATION: The Graffiti Control
Subcommittee consisting of members from utilities, developers,
Chamber of Commerce, school districts, and City staff have all
reviewed the attached ordinance and recommend its adoption.
DISCUSSION:
The Graffiti Control Subcommittee, which has been meeting since May
2, 1991, had considered various amendments to the City Code in
regards to property defacement. On April 18, 1991 the City
Attorney submitted and Council adopted an ordinance which amended
section 9.20 of the code by: defining aerosol containers; included
felt-tip markers as prohibited items for minors to possess; and
prohibited the sale or furnishing of aerosol spray cans or felt-tip
pens to minors. In addition it changed the violation from an
infraction to a misdemeanor at the discretion of the City Attorney.
As indicated above, the subcommittee at the recommendation of the
City Attorney decided that other amendments were also called for.
These are enumerated briefly below.
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1. Require property owners to remove graffiti with seven days.
2. Require that establishments displaying and selling aerosol
paint containers and felt-tip markers place these in an area
which is not normally accessible to customers during working
hours.
3. Require that all property owners (including homeowners) keep
aerosol spray containers and felt-tip markers in a securely
enclosed room which is not normally accessible to other people.
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Page 2, Item
Meeting Date 6/18/91
-However, it was further determined by the subcommittee that
this would not be enforced except if it had been found that
violation has contributed to an act of vandalism.
4. Indicated that parents have civil responsibility for damages
of their children if they knowingly permit them to possess an
aerosol paint container of felt-tip marker.
5. Finds that any person who displays or stores aerosol spray
containers, felt-tip markers in violation of provisions of the
ordinance shall be.civilly liable for all costs up to $1,500,
which will permit the filing claims in small claims court.
- -
The subcommittee discussed all of these proposed changes to the
ordinance at length. The owner of Cornell's Office Supplies
represented the Chamber and contacted other such business owners
and gave their feedback on the appropriateness of requiring the
more stringent display and sale requirements. As a whole, the
subcommittee agreed that the cost to society caused by persons
applying graffiti to utility boxes, concrete walls, etc. needs be
taken into consideration by the individuals selling these items
and, therefore, it is warranted that the City require a secure
display.
The item that caused the most discussion by the subcommittee was
the section that requires everyone including the City and
homeowners to keep felt-tip markers and aerosol cans in an enclosed
secure room. Wording was worked out that would take into account
the fact that the budget manager, for example, may have felt-tip
markers on her desk or in her office and may leave her office from
time to time in the conduct of the business day, but that her
office is still in a building which will be locked at the end of
the business day. In addition it was determined that the
provision that enforcement would not take place except when it was
found that violation of this section of the code had led to
graffiti would go a long way toward mitigating the intrusion of
local government into people's private lives. All of these issues
are indicated in the marked up ordinance which is attached for
Council's consideration.
The above discussion has dealt with the ordinance, in general, as
it applies to citizens and businesses in the community. This
section will deal briefly with the ordinance as it applies to the
City, itself, as a municipal corporation. The requirement that all
graffiti be removed from property within seven days applies to the
City as well as to utility companies, private individuals, and
businesses. The City has 5 1/2 linear miles of lined concrete
drainage channels. Each drainage channel has two sides which makes
up about 11 miles and each side is anywhere from 4' - 10 I high. As
Council can see, this is a large area from which staff will be
responsible for insuring that graffiti is removed. In addition,
the City has over 100 traffic signal intersections, each
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Page 3, Item
Meeting Date 6/18/91
of which has a traffic signal controller box, may have a power
pedestal and has four standards which may be marked with graffiti.
The City also has over 4,000 street light standards, some of which
have been marked with graffiti.
CUrrently, the city is already removing graffiti from municipal
buildings, park restrooms, park equipment etc. It had not,
however, been removing all graffiti on controller boxes, drainage
channels etc. within seyen days but had been responding as soon as
possible with the staff that we have. Requirement for removal
within seven days will require the addition of two maintenance
workers to the traffic-paint operations section at a cost of about
$94,000 the first year and an on-going cost of about $75,000 per
year. This includes equipment such as a truck, sprayer, paint,
graffiti remover, etc. This will be discussed in further detail in
the Supplemental Budget Report on Graffiti Control which you also
received for today's meeting. It should be noted that the City of
National Ci ty, which is much smaller than Chu1a Vista, had
estimated that they would spend about $96,000 per year for graffiti
removal but most likely will spend about $150,000 for a graffiti
removal contract. The City of Southgate, from which the City
Attorney came to us, spends over $170,000 per year for graffiti
removal.
FISCAL :IMPACT:
As indicated above, the first year's cost of the ordinance to the
City will be about $96,000 and will be further discussed in the
Supplemental Budget Report on Graffiti Control.
DB:mp
(COAGAMGC)
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ORDINANCE NO.~
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTIONS 9.20.020, 9.20.040, 9.20.045, 9.20.050, AND
ADDING SECTION 9.20.035 TO CHAPTER 9.20, PROPERTY
DEFACEMENT
The City Council of the city of Chula vista does ordain
as follows:
SECTION I: ~hat sections 9.20.020, 9.20.040, 9.20.045
and 9.20.050 of Chapte~ 9.20 are amended to read as follows:
9.20.020 Definitions.
A. "Deface", as used in this Chapter, means the
intentional altering by physical, mechanical or
chemical means of the physical shape, dimension,
contour or appearance of property.
B. "Aerosol paint container" means any aerosol
container, regardless of the material from which it
made, which is adapted or made for the purpose of
spraying paint or other substance capable of defacing
property. (Ord. , Sec. 1, 1991)
C. "Felt tip marker" means any indelible marker or
similar implement with a tip which, at its broadest
peiftt width is greater than one-eighth (l/Sth) inch,
containing an ink that is not water-soluble. (Ord.
, Sec. 1, 1991)
9.20.040 Prohibition of sale, possession, display for
purposes of sale, and storage of aerosol
paint containers.
A. Sale or Furnishing to Minors. It shall be unlawful
for any person, other than a parent or legal guardian,
to sell, exchange, give, loan, or otherwise furnish, or
cause or permit to be sold, exchanged, given, loaned,
or otherwise furnished, any aerosol paint container to
any person under the age of eighteen years without the
consent of the parent or other lawfully des~gnated
custodian of the person, which consent shall be given
in person.
B. Possession. It shall be unlawful for any person
under the age of eighteen years to have in his or her
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June 11, 1991
Proposed Additions to Grafitti Ordinance
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possession any aerosol paint container while.upon
public property or upon private property without the
consent of the owner of such private property whose
consent shall be as to the person's presence while in
the possession with a aerosol paint container.
C. DisDlav for the PurDoses of Sale. No Derson. firm
or entity enaaaed in a commercial enterprise ("Seller")
shall disDlay any aerosol Daint container for sale.
trade or exchanae. nor shall store any aerosol paint
container Dendina display for sale or Dendina sale.
exceDt in an area from which the Dublic shall be
:~~~r:~~e~~:~~d:~t~~~~o~~re~~;~r:~i~~s;:;~~~~'pa~~
containers for sale shall be bv containment in (1) a
comDletelv enclosed cabinet or other storaae device
which shall be DermanentlY affixed to a buildina or
buildina structure. and which shall. at all times
exceDt durina access bY authorized representatives.
remain securelv locked: or in an enclosed area behind a
sales or service counter from which the public is
Drecluded from entry.
D. Wronaful Storaae of Aerosol Paint Containers. No
Derson shall store anv aerosol Daint container except
in either (1) a completely enclosed room which shall.
at all times except durina access or substantial
occupancy bY the owner or an authorized adult
reDresentative of the owner. remain securelY locked: or
(2) in a completelY enclosed cabinet or other storaae
device which shall be permanently affixed to a buildina
or buildina structure. and which shall. at all times
except durina access by the owner or an authorized
adult reDresentative of the owner. remain securelY
locked. For the purposes of this section. an owner or
authorized representative of the owner. shall be deemed
to have substantial occupancy of a room even durina
short Deriods of absence if the room is Dart of a
laraer structure which is occuDied bv the owner.
1. Enforcement Policy on Wronaful Storaae
Offenses. It shall be the intention of the city
to enforce this Drovision aaainst the "Wronaful
Storaae of Aerosol Paint Containers" onlY when its
violation has caused or contributed to an act of
vandalism bY a third Darty. ,
9.20.045. Prohibition of sale, possession and display
of felt tip markers.
A. Sale or Furnishing To Minors. It shall be unlawful
(
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June 11, 1991
Proposed Additions to Grafitti Ordinance
Page 2
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for any person, other than a parent or other iegal
guardian, to sell, exchange, give, loan, or other
furnish, or cause or permit to be sold, exchanged,
qiven, loaned, or otherwise furnished, any felt tip
marker to any person under the age of eighteen years
without the consent of the parent or other lawfully
desiqnated custodian of the person, which consent shall
be qiven in person.
B. Possession by Minors. It shall be unlawful for any
person under the age of eighteen years to have in his
or her possession any felt tip marker while upon public
property or upon private property without the consent
of the owner*of such private property, except while
attendinq, o~ travelling to or from a school at which
the person is enrolled, if the person is participating
in a class at said school which has, as a written
requirement of said class, the need to use felt tip
markers.
C. Disolav for the Purooses of Sale. No oerson. firm
or entity enaaaed in a commercial enterorise ("Seller")
shall disolav any felt tio marker for sale. trade or
exchanae. nor shall store any felt tio marker oendina
disolav for sale or oendina sale. exceot in an area
from which the oublic shall be secure Iv orecluded
without emolovee assistance. One such acceotable
method for disolavina felt tio markers for sale shall
be in a comoletelv enclosed cabinet or other storaae
device which shall be oermanentlv affixed to a buildina
or buildina structure. and which shall. at all times
exceot durina access bv authorized reoresentatives.
remain secure Iv locked.
D. Wronaful Storaae of Felt Tio Markers. No oerson
shall store any felt tio marker exceot in either (1) a
comoletelv enclosed room which shall. at all times
exceot durina access or substantial occuoancv bv the
owner or an authorized adult reoresentative of the
owner. remain securelY locked: or (2) in a comoletelv
enclosed cabinet or other storaae device which shall be
oermanentlv affixed to a buildina or buildina
structure. and which shall. at all times exceot durina
access bv the owner or an authorized adult
reoresentative of the owner. remain secure Iv locked.
For the OUrDoses of this section. an owner or
authorized reoresentative of the owner. shall be deemed
to have substantial occuoancv of a room even durina
short oeriods of absence if the room is Dart of a
laraer structure which is occuoied bv the owner.
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June 11, 1991
Proposed Additions to Grafitti Ordinance
Page 3
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Enforcement Policy on Wronaful Storaae Offenses. It
shall be the intention of the City to enforce this
Drovision aaainst the "Wronaful storaae of Felt TiD
Markers" only when its violation has caused or
contributed to an act of vandalism bv a third Dartv.
9.20.050. Penalties for violation of chapter.
A. Criminal Penalties. Any and all violations of this
chapter shall be punishable either as an infraction or
aisdemeanor, at the discretion of the City Attorney.
Zt is further understood that financial parental
responsibility for any acts of vandalism shall be
strictly enforced.
B. Parental -Civil Resoonsibilitv for Damaaes. Anv
Darent or other leaal auardian who consents to.
Dermits. or otherwise knowinalv allows her or his child
under the aae of eiahteen to oossess an aerosol oaint
container or a felt tio marker shall be oersonallv
liable for any and all costs to any Derson incurred bv
any Darty in connection with the reoair of any orooertv
caused bv said child. and for all attorney's fees and
court costs incurred in connection with the civil
Drosecution of any claim for damaaes.
c. civil Resoonsibilitv for Damaaes Wronaful Disolav
or Storaae. Anv oerson who disolavs or stores an
aerosol sorav container or felt tio marker in violation
of the orovisions of this chaoter shall be oersonallv
liable for any and all costs incurred bv any Darty in
connection with the reoair of any Drooertv caused bv a
minor who shall use such aerosol sorav container or
felt tio marker in violation of the Drovisions of
California Penal Code Section 594. and for all
attorney's fees and court costs incurred in connection
with the civil Drosecution of any claim for damaaes.
not to exceed 51.500.00.
SECTION II: That Section 9.20.035 is added to Chapter
9.20 of the Chula Vista Municipal Code to read as follows:
9.20.035 Permittina Graffiti to Remain
It is unlawful for any Derson who is the owner or who
has Drimarv resoonsibilitv for control of ODODertv or
who has Drimarv resoonsibilitv for the reoair or
maintenance of orooertv ("Resoonsible Partv"l to oermit
DrODertv which is defaced with araffiti to remain so
defaced for a Deriod of seven (71 days after notice of
same. unless said Derson shall demonstrate bv a
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June 11, 1991
Proposed Additions to Grafitti Ordinance
Page 4
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DreDonderance of evidence that thev do not have the
financial or Dhvsical ability to remove the defacina
araffiti. or unless it can be demonstrated that the
ResDonsible Partv has an active Droaram for the removal
of araffiti and has scheduled the removal of the
graffiti as Dart of that Droaram. .
SECTION III: This ordinance shall take effect and be
in full force on the thirtieth day from and after its adoption.
Presented by
David Byers, Director of
Public Works
Graf9.wp
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June 11, 1991
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Proposed Additions to Grafitti Ordinance
Page 5
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CITY ATTORNEY'S BACKGROUND DRAFT
CUrrent Text "On the Books" is in regular font.
Proposed Text is in -Shadowed- Font
Additions are Underlined.
Deletions are in &~ri][e Slit.
CUrrent and Proposed
Graffiti Ordinance
9.20.010. Purpose and intent.
It is the purpose and intent of the City Council of the
City, through the adop~ion of this chapter, to provide additional
enforcement tools to protect public and private property from
acts of vandalism and defacement; especially, but not limited to,
graffiti on privately and publicly owned walls, which are
inimical and destructive of the rights and values of private
property owners as well as the total community. It is further
the intent of the City Council, through the adoption of this
notice upon all of those who callously disregard the property
rights of others, that the law enforcement agencies of the city,
both the police department and the prosecutor's office, will
strictly enforce the law and severely prosecute those persons
engaging in the defacement of public and private properties.
9.20.020 Definitions.
A.
altering
physical
"Deface", as used in this Chapter, means the intentional
by physical, mechanical or chemical means of the
shape, dimension, contour or appearance of property.
B. "Aerosol paint container" means any aerosol container,
regardless of the material from which it made, which is adapted
or made for the purpose of spraying paint or other substance
capable of defacing property.' (Ord. , Sec. 1, 1991)
C. "Felt tip marker" means any indelible marker or similar
implement with a tip which, at its broadest peiftt width is
greater than one-eighth (1/8th)2 inch, containing an ink that is
not water-soluble. (Ord. ,. Sec. 1, 1991)
9.20.030 Prohibition of defacement.
It is unlawful for any person to intentionally deface,
1. Adapted from R & T Code section 7287.
2. Note that National City's ordinance uses "four millimeters".
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June 3, 1991
Proposed Additions to Grafitti Ordinance
Page 1
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alter, change, destroy, mutilate, remove, take down or take away
any public property or any private property without the consent
of the owner of such property or the public agency charged with
the trusteeship of property. A mistake as to the private
property owner's identity or lack or knowledge that such property
is held by a public agency shall not be a defense to a violation
of this section.
1.20.035 Paraitting Graffiti to Remain
It 1a unlawful for any ~son who is the owner or who has
priaary responsibility for control of pro~ty or who has primary
responsibility for the .repair or maintenance of property
'-ResDOnsible Partv-} to ~it property which is defaced with
graffiti tor..ain ao Oafaced for a period of ~ seven '7} days
after notice of aame, unle.s aaid ~.on shall demonstrate by a
preponderance of evidence that they do not have the financial or
Dhvsical ability to remove the defacing graffiti. or unless it
can be demonstrated that the ResDonsible Party has an active
Drooram for the removal of oraffiti and has scheduled the removal
of the oraffiti as Dart of that Drooram.
9.20.040 Prohibition of sale, possession, display for purposes
of sale, and storage of aerosol paint containers.
A. Sale or Furnishing to Minors. It shall be unlawful for
any person, other than a parent or legal guardian, to sell,
exchange, give, loan, or otherwise furnish, or cause or permit to
be sold, exchanged, given, loaned, or otherwise furnished,3 any
aerosol paint container to any person under the age of eighteen
years without the consent of the parent or other lawfully
designated custodian of the person, which consent shall be given
in person.
B. Possession. It shall be unlawful for any person under
the age of eighteen years to have in his or her possession any
aerosol paint container while upon public property or upon
private property without the consent of the owner of such private
property whose consent shall be as to the person's presence while
in the possession with a aerosol paint container, 4
c. Display for the Purpose. of Sale. No per.on, firm or
entity engaged 1n a commercial enterprise ("Seller") shall
display any aerosol paint container for aale, trade or exchange,
3. This "furnish" language is offered to create a parallel with
the felt tip marker language.
4. This language is proposed for removal as inclusive of the
universe of possibilities.
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Proposed Additions to Grafitti Ordinance
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nor shall .tore any aerosol paint container pending display for
_le or pending aale. except in an area from which the Dublie
ahall be .ecurelv Dreeluded without emDlovee assistance. Two
auch acceDtable .ethods for disDlayino .~OSOl Daint containers
for .ale shall be by containment in (1) a completely enclosed
cabinet'or other atorage device which shall be peraanently
affixed to a building or building atructure. and which shall. at
all t1aes axcept during access by authori.ed representatives.
raaain .ecurely locked: or in an enclosed area behind a sal.s or
service counter froa vhich the Dublic is Drecluded from entry. 6
D. wrongful storage of Aerosol Paint Containers. 7 No
person shall .tore any..erosol paint container except in either
(1) . oo.pletely enclosed roo. which shall, at all tim.s except
during acces. or aubstantial OCCUDancy by the owner or an
5. This amendment was designed to address the concern of Cornell
Office Products. representing the commercial sector, that our
businesses should be given more flexibility as to how to keep
implements of graffiti from the public while at the same time,
permitting it to be displayed for sale.
6. This idea was obtained through Officer Dan Bollian, Chula
Vista Police Department.
7. The regulatory aspect of this provision is admittedly
controversial because it imposes a duty on all persons to "lock
up" their "graffiti-abIes" when they are not present. The sub-
committee on graffiti ended up approving the provision, but staff
invites the council to debate the philosophical aspects:
A. What is the purpose of the provision? To reduce vandal
access to "graffiti-abIes.
B. How effective is the provision to achieve the intended
purpose? Staff believes that a significant amount of graffiti-
abIes (probably more spray cans than markers) are obtained as a
result of theft from open and unattended garages, storage rooms,
etc. Staff believes that mere discussion of the provision will
help raise the level of awareness of residents of the problem and
help to keep garages and storage rooms closed and locked when
they are not in attendance.
C. What are the undesired consequences? Unfortunately, the
regulation constitutes an intrusion into the private rives of
non-vandals in order to help control a serious, community-wide
problem. We have attempted to mitigate the intrusive effect by
putting a restrictive enforcement policy in the ordinance which
provides that the section is not to be enforced except when its
violation has contributed to an act of graffiti vandalism.
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authoriaed adult representative of the owner, remain securely
locked; or (2) 1n a coapletely enclosed cabinet or other storage
device which ahall be peraanently affixed to a building or
building atructure, and which shall, at all U.es except elurinq
access by the owner or an authoriaed adult representative of the
owner, r-eaainaecurely locked. For the ourDOses of this .ection.
an owner or authoria.d reoresentative of the owner. .hall be
deeaed to have aubstantial OCCUDancv of a room even elurina ahort
Deriod. of absence if the room ia Dart of a laroer structure
which ia occ:u:Died bv the owner.
1. Enforceaent Policv on Wronaful storaae Offenses.
It ahall be the intention of the city to enforce this
aroviaion aaainat the -wronaful Storaa. of Aerosol
Paint COntainers- onlY when its violation has caused or
contributed to an act of vandaUsm bv a third Dartv. a
9.20.045. Prohibition of sale, possession and display of felt
tip markers.
A. Sale or Furnishing To Minors. It shall be unlawful for
any person, other than a parent or other legal guardian, to sell,
exchange, give, loan, or other furnish, or cause or permit to be
sold, exchanged, given, loaned, or otherwise furnished, any felt
tip marker to any person under the age of eighteen years without
the consent of the parent or other lawfully designated custodian
of the person, which consent shall be given in person.
B. Possession by Minors. It shall be unlawful for any
person under the age of eighteen years to have in his or her
possession any felt tip marker while upon public property or upon
private property without the consent of the owner of such private
property, except while attending, or travelling to or from a
school at which the person is enrolled, if the person is
participating in a class at said school which has, as a written
requirement of said class, the need to use felt tip markers.
c. Diaplay for the Purpose. of Sale. No person, fira or
enUty engaged in a coaaercial enterprise (-Seller-) shall
diaplay any felt tip .arker for aale, traele or exchanqe, nor
ahall atore any felt tip .arker pending elisplay for sale or
pen4ing aale, except in an area fro. which the oubUc shall be
aecurelv Dreclueled without ..olov.. assistance. One auch
acc.Dtabl. ..thod for elisolavina f.lt tio .arkers for aale shall
)a in a coapletely encloseel cabinet or other atorage el,evice which
8. This change was recommended by the Graffiti subcommittee as a
way of making an official policy statement without making it look
like a excuse for governmental intrusion into the private lives
of the individual members of the public.
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ahall be paraanently affixed to a building or building structure,
and whiCh ahall, at all ti.es except during access by authori.ed
repreaentatives, reaain securely locked.
D. Wrongful Stora9. of F.lt Tip Markers. No person ab..ll
atore eny felt tip .arker except in either (1) a completely
encloaed rooa whiCh ah..ll, at all ti... except during acc.ss or
aubstantial OCCUDancy by the owner or an authoriz.d adult
repr.sentative of the owner, r....in s.cur.ly lock.d; or (2) in ..
ooapl.t.ly encloaed cabinet or other stor..ge device which ab..ll
be peraanently affixed to a building or building structure, and
which ahall, at all tie.s exc.pt during acc.ss by the owner or ..n
authoriaed adult repre.ent..tive of the owner, r....in securely
locked. For the DurDO.es of this section. an owner or ..uthorized
reDr.sent..tive of the comer. ah..ll be deemed to h..ve subst..nti..l
OCCUDanev of a roo. even durina abort Darieds of ..bsence if the
rooa is Dart of a l..raer structur. which is occul)ied bY the
owner .
1. Enforcement Policy on Wronaful Stor..ae Offenses.
It ah..ll be the intention of the City to enforce this
Drovision ..a..inst the .Wronaful Stor..ae of Felt Til)
M..rkers. only when its viol..tion h..s c..used or
contributed to an act of v..nd..lisa bY .. third Darty.
9.20.050. Penalties for violation of chapter.
A. Criminal Penalties. Any and all violations of this
chapter shall be punishable either as an infraction or a mis-
demeanor, at the discretion of the City Attorney.9 It is fur-
ther understood that financial parental responsibility for any
acts of vandalism shall be strictly enforced.
B. Parental civil Responsibility for Dam..ges. Any parent
or other leg..l 9Ilardi..n who consent. to, permits, or otherwise
knowingly allows her or hia child under the age of .ighteen to
po..... an aerosol paint cont..iner or a felt tip ...rker ab..ll be
person..lly liable for any and all costs to any person incurred by
any party in conn.ction with the repair of any property c..used by
.aid child, and for all attorn.y-. f.es and court costs incurred
in conn.ction with the civil pro..cution of any clai. for
d"'9...
C. Civil Responsibility for oaa..ges Wrongful Di.pl..y or
stora9.. Any person who displ..ys or .tores an aerosol spr..y
container or f.lt tip ...rker in viol..tion of the provisions of
9. This language is similar to Penal Code Section 594 for
graffiti vandalism. Damages for illegal sale or possession are
not expected to be signific..nt.
(
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thi. Chapter ahall be personally liable for any and all costs
incurred by any party in connection with the repair of any
property ~used by . ainor who ahall use such aerosol spray
container or felt tip u.rker in viOlation of the provisions of
California Penal Code Section Sgt, and for all attorney'. fees
and court coat. incurred in connection with the civil prosecution
of any claia for daaage., not to exceed $1.500.00.
,
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Item 7
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From the Office of the City Attorney
City of Chula Vista
Memorandum
Date:
July 15, 1991
From:
Bruce M. Boogaard, city Attorney
Voice Phone: 691-5037
Telecopier: 691-5214
Debra Corbett, President
San Diego County City Attorney's Association
To:
Via:
( ) Mail
cc: Lynn McDougall, City Attorney, El Cajon
Len Moore, Mayor Pro Tem
Re: Model Graffiti Ordinance
Dear Debra,
Attached is a "first effort" at drafting a "cafeteria style"
graffiti ordinance. I was asked to produce this work product by
our Mayor Pro Tem, Len Moore, due to his participation in a San
Diego League committee created to address the graffiti problem from
a County-wide perspective.
This proposed "Model Graffiti Ordinance" attempts to collect in a
single document the legislative approaches of various cities
throughout the State. Somewhere between 25 to 35 ordinances were
examined. In addition, it incorporates some new thinking for which
I would like to take credit, or blame as the case may be. It also
is designed to "dove tail" with existing state law, most of which
is captured in the endnotes.
I refer to it as a "cafeteria style" ordinance because it is
organized in modular units by conceptual legislative responses to
graffiti, and is designed to permit a city to "piCk and chose"
which parts they like.
Although it was intended to be comprehensive, it is still a "first
effort". It needs careful scrutiny and "polite" criticism by the
incisive legal minds of the members of our association. I would
have preferred it be reviewed before presenting it to the County
League Committee, but Councilman Moore is requesting it be sent
noting City Attorney review pending.
Please circulate a copy of it with the minutes so as to permit a
more comprehensive review at our meeting of July 25.
.
.'
Proposed Ordinance Concepts to
Address the Graffiti Nuisance
Prepared and/or Compiled by Bruce M. Booqaard
City Attorney, Chula Vista
1.
Definitions.
1.1. Graffiti'
As used in this section, "graffiti" includes any
unauthorized inscription, word, figure, or design that
is marked, p-tched, scratched, drawn, or painted on any
structural component of any building, structure, or
other facility, regardless of the nature of the
material of that structural component.
1.2. Aerosol Paint Container
"Aerosol paint container" means any aerosol container,
regardless of the material from which it made, which is
adapted or made for the purpose of spraying paint or
other substance capable of defacing property.2
1.3. Felt Tip Marker
"Felt tip marker" means any indelible marker or similar
implement with a tip which, at its broadest width is
greater than one-eighth (1/8th23 inch, containing an
ink that is not water-soluble.
1.4. Paint stick
"Graffiti stick" means a device containing an solid
form of paint, chalk, wax, epoxy, or 'other similar
substance capable of being applied to a surface by
pressure, and upon application, leaving a mark at least
one-eighth of an inch in width, visible from a distance
of 20 feet, and not water-soluble.5
1.5. Graffiti Implement
"Graffiti Implement" means an Aerosol Paint Container,
a Felt Tip Marker, or a Paint stick.
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Conceptual Graffiti Ordinance
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2.
provisions relating to Purpose and Intent.
"It is the purpose and intent of the City Council of the
City, through the adoption of this chapter, to provide
additional enforcement tools to protect public and private
property from acts of vandalism and defacement; especially,
but not limited to, graffiti on privately and publicly owned
walls, which are inimical and destructive of the rights and
values of private property owners as well as the total
community. It is further the intent of the city Council,
through the adoption of this notice upon all of those who
callously disregard the property rights of others, that the
law enforcement agencies of the city, both the police
department and the prosecutor's office, will strictly
enforce the law and severely prosecute those persons
engaging in the defacement of pUblic and private
properties. "6
Anti-Vandalism Provisions.7
3.
3.1. City "re-iteration"a
"It shall be unlawful for any person to apply graffiti
on any public or privately owned structures located on
public or privately owned real property within the
city."
3.2. Possession by Minors.9
It shall be unlawful for any person under the age of
eighteen years to have in his or her possession any
Graffiti Implement while upon public property or upon
private property without the consent of the owner of
such private property whose consent given in advance
and shall be as to the person's presence while in the
possession of a Graffiti Implement. 10
School Exception for Felt Tip Markers. The
foregoing provision shall not apply while (1) the
person is attending, or travelling to or from a
school at which the person is enrolled, if the
person is participating in a class at said school
which has, as a written requirement of said class,
the need to use felt tip markers.
3.3. Possession in Designated Public Places."
"No person shall have in his or her possession any
Graffiti Implement while in any public park, play-
ground, swi_inq pool, recreational facility (other
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July 15, 1991
Conceptual Graffiti Ordinance
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than a hiqhway, street, alley or way), except as may be
authorized by the City.,,12
4. Punishment Provisions.
..
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4.1. state Law Provisions.
4.1.1. Loss of Driver's License. 13
4.1. 2 . Community Service. 14
4.2. Mandatory Juvenile Delinquent Community Service. 15
"Any minor determined to be a ward of the court under
Welfare and Institutions Code section 602 as a result
of committinq an offense in the City of Chu1a Vista16
shall be required, at the City's option, to perform
community service, including graffiti removal service
of not less than 6 hours nor more than 80 hours.,,17
4.3. Penalties for Violation.
" Criminal Penalties. Any and all violations of
this chapter shall be punishable either as an
infraction or a misdemeanor, at the discretion of the
City Attorney."
5. Detection Provisions.
5.1. State Law Provisions.
5.1.1. Reward Authority. 18
"(a) Pursuant to Section 53069.5 of the Government
COde, the city does hereby offer a reward of $
for information 1eadinq to the arrest and conviction of
any person for violation of Penal Code Section 594 by
the use of Graffiti. ,,19
(b) Claims for rewards under this Section shall be
filed with the city. Each claim shall:
(1) Specifically identify the date, location and
kind of property damaged or destroyed.
(2) Identify by name the person who was
convicted, or confessed to the damaqe or
destruction of the City property.
(3)
Identify the court and the date upon which
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Conceptual Graffiti Ordinance
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the conviction occurred or the place and the date
of the confession.
(c) No claim for a reward shall be allowed by the City
council unless an Authorized Representative of the city
investigates and verifies the accuracy of the claim and
recommends that it be allowed. ,,20
(d) The person committing the graffiti, and if an
unemancipated minor, then the custodial parent of said
minor shall be liability for reward paid pursuant to
this section."
5.2. Reimbursement of Car Phone Air Time.
"The City shall reimburse to any person reporting by
means of a mobile or cellular phone an act of graffiti
vandalism or existence of graffiti within the City
limits in the amount of the direct phone charges,
exclusive of taxes, etc., incurred by said person."
5.2.1. Air-Free Hot Line Number.
6. Accessibility to "Graffiti-abIes" Provisions.
6.1. state Law Provisions. 21
6.2. Furnishing to Minors Prohibited.
"Furnishing to Minors. It shall be unlawful for any
person, other than a parent or legal guardian, to sell,
exchange, give, loan, or otherwise furnish, or cause or
permit to be exchanged, given, loaned, or otherwise
furnished, any Felt Tip Marker or Graffiti Stick to any
person under the age of eighteen years without the
consent of the parent or other lawfully designated
custodian of the person, which custodial consent shall
be given in advance in writing."
6.3. Wrongful Display for Sale. 22
"No person, firm or entity engaged in a commercial
enterprise ("Seller") shall display for sale, trade or
exchange, any Graffiti Implement except in an area from
which the public shall be securely precluded without
employee assistance. Two such acceptable methods for
displaying a Graffiti Implement for sale shall be by
containment in (1) a completely enclosed cabinet or
other storage device which shall be permanently affixed
to a building or building structure, and which shall,
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July 15, 1991
Conceptual Graffiti ordinance
Page 4
at all times except during access by authorized
representatives, remain securely locked; or (2) in an
enclosed area behind a sales or service counter from
which the public is precluded from entry."n
6 . .. . Wrongful storage. 24
-No person shall store any Graffiti Implement except in
either (1) a completely enclosed room which shall, at
all times except during access or substantial occupancy
by the owner or an authorized adult representative of
the owner, remain securely locked; or (2) in a
completely enclosed cabinet or other storage device
which shall be permanently affixed to a building or
building structure, and which shall, at all times
except during access by the owner or an authorized
adult representative of the owner, remain securely
locked. For the purposes of this section, an owner or
authorized representative of the owner, shall be deemed
to have substantial occupancy of a room even during
short periods of absence if the room is part of a
larger structure which is occupied by the owner.
6.4.1 Enforcement Policy on Wrongful storage
Offenses.
It shall be the intention of the City to enforce
this provision against the "Wrongful storage of
Aerosol Paint Containers" only when its violation
has caused or contributed to an act of vandalism
by a third party."
6.5 civil Responsibility for Damages Wrongful Display or
storage.
Any person who displays or stores a Graffiti Implement in
violation of the provisions of this chapter shall be
personally liable for any and all costs incurred by any
party in connection with the removal of graffiti, or the
repair of any property containing graffiti, caused by a
minor who shall use such Graffiti Implement in violation of
the provisions of california Penal Code Section 594, and for
all attorney's fees and court costs incurred in connection
with the civil prosecution of any claim for damages.23
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July 15, 1991
Conceptual Graffiti Ordinance
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7.
Removal Provisions.
7.1. Right of City to Require Removal. (Self-Removal) .26
i
,
.
"It is unlawful for any person who is the owner or who has
primary responsibility for control of property or who has
primary responsibility for the repair or maintenance of
property ("Responsible Party") to permit property which is
defaced with graffiti to remain so defaced for a period of
seven (7) days after notice of same, unless (1) said person
shall demonstrate by a preponderance of evidence that they
do not have the financial or physical ability to remove the
defacing graffiti; or (2) unless it can be demonstrated that
the Responsible Party has an active program for the removal
of graffiti and has scheduled the removal of the graffiti as
part of that program, in which case it shall be unlawful to
Dermit such DrODertv defaced with araffiti to remain defaced
for a Deriod of fifteen C151 davs after notice of same. ,,27
7.2. Declaration of Nuisance.
7.2.1. Graffiti as a Nuisance. "The existence of
graffiti within the City limits of the city of Chula Vista
is a public and private nuisance, and may be abated
according to the provisions and procedures herein
contained."
7.2.2. Graffiti Attracting Surface as a Nuisance.
"The existence of any surface of a structure on a parcel of
land which has been defaced with graffiti after removal more
than 5 times in 6 months is a public and private nuisance,
and may be abated by minor modifications thereto, or to the
immediate area surrounding same, according to the provisions
and procedures herein contained as follows: said surface or
surfaces shall be required to be retrofitted, at the cost of
the property owner of said lot, or at the cost of the City
at the City's option, with such features or qualities as may
be established by the City as necessary to reduce the
attractiveness of the surface for graffiti, or as necessary
to permit more convenient or efficient removal thereof. ,,28
7.3. Right of city to Remove.~
7.3.1. Volunteer Work Force.
"Persons removing Graffiti pursuant to a City-sponsored
graffiti removal program shall be deemed workers
covered by the City's worker's compensation program and
insurance coverage."
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July 15, 1991
Conceptual Graffiti Ordinance
Page 6
7.3.2. Use of Public Funds.30
<
"Whenever the City becomes aware, or is notified and
determines that graffiti is so located on public or
privately owned property within the City, the City
shall be authorized to use public funds for the removal
of same, or for the painting or repairing Of same, but
shall not authorize or undertake to provide for the
painting or repair of any more extensive area than that
where the graffiti is located, unless the city Manager,
or his designee, determines in writing that a more
extensive area is required to be repainted or repaired
in order to avoid an aesthetic disfigurement to the
neighborhood or community, or unless the Responsible
Party agrees to pay for the costs of repainting or
repairing the more extensive area."
7.3.3. Right of Entry on Private Property Provisions.
7.3.3.1. Securing Owner Consent. 31
"Prior to entering upon private property or
property owned by a public entity other than the
city, for the purpose of removal of graffiti, the
City shall attempt to secure the consent of the
property owner, and a release of the City from
liability for private or public property or
liability damage. ,,32
7.3.3.2. Failure to Obtain Owner Consent.
"If a Responsible Party fails to remove the
offending Graffiti within the time herein
specified, or if the City shall have requested
consent to remove or paint over the offending
Graffiti and the Responsible Party shall have
refused consent for entry on terms acceptable to
the City consistent with the terms of this
Section, the City shall commence Abatement and
Cost Recovery Proceedings for the removal of the
graffiti according to the following procedure.
7.3.3.3. Abatement and Cost Recovery
Proceedings.>> .
A. Notice and Conduct of Due Process Hearing.
The Director of Public Works ("Hearing Officer")
shall give not less than 48 hours notice, served
in the same manner as summons in a civil action in
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July 15, 1991
Conceptual Graffiti Ordinance
Page 7
;
.
graf19.wp
July 15, 1991
accordance with Article 3 (commencing with section
415.10) of Chapter 4 of Title 5 of Part 2 of the
Code of civil Procedure (If the owner of record,
after diligent search cannot be found, the notice
may be served by posting a copy thereof in a
conspicuous place upon the property for a period
of 10 days and publication thereof in a newspaper
of general circulation published in the county in
which the property is located pursuant to Section
6062.) to the Responsible Party who is responsible
for the maintenance of a parcel of property
containing graffiti ("Property"), and, if a
different person is the owner of record of the
parcel of land or which the nuisance is
maintained, based on the last equalized assessment
roll or the supplemental roll, whichever is more
current, then to said owner also, of a "due
process" hearing at which said Responsible Party
shall be entitled to present evidence and argue
that his or her Property does not contain
graffiti. The determination of the Hearing
Officer after the "due process" hearing shall be
final and not appealable. If, after the due
process hearing, regardless of the attendance of
the Responsible Party, or his agent, the Hearing
Officer determines that the Property contains
graffiti, the Hearing Officer shall give written
notice ("Eradication Order") that, unless the
graffiti is removed within 5 days thereafter, the
City shall enter upon the Property, cause the
removal, painting over (in such color as shall
meet with the approval of the Public Works
Director) or such other eradication thereof
("Eradication Effort") as the Public Works
Director determines appropriate, and shall provide
the Responsibility Party thereafter with an
accounting of the costs of such Eradication Effort
on a "full cost recovery basis".
,.
B. Eradication Effort. Not sooner than the time
specified in the Order of the Hearing Officer, the
Public Works Director, or his designee, shall
implement the Eradication Order, and shall provide
an accounting to the Responsible Party of the
costs thereof ("Eradication Accounting").
C. Cost Hearing. If the Responsible Party fails
to request a hearing before the Hearing Officer on
the Eradication Accounting ("Cost Hearing"), or if
requested, and a Cost Hearing is conducted after
Conceptual Graffiti ordinance
Page 8
,
extending due process to the Responsible Party,
after such a Cost Hearing, the Hearing Officer
determines that all or a portion of the Costs are
appropriately chargeable to the Eradication
Effort, the total amount set forth in the
Eradication Accounting, or such amount thereof
determined as appropriate by the Hearing Officer,
("Assessed Eradication charges") shall be due and
payable by the Responsible Party within 30 days.
D. Lien.~ If all or any portion of the
Assessed Eradication Charges remain unpaid after
30 days, pursuant to the authority created by law,
including Government Codes Section 38773, et seq.,
such portion thereof as shall remain unpaid shall
constitute and is hereby declared to constitute a
lien on the Property which was the subject matter
of the Eradication Effort. The Director of Public
Works shall present a Resolution of Lien to the
City Council, and upon passage and ~doption
thereof, shall cause a certified copy thereof to
be recorded with the San Diego County Recorder's
Office.
7.3.4. Eligibility of CDBG Funds.35
7.3.5. Taxing Provisions.~
7.4. Ease of Removal Provisions.
~
7.4.1. Common utility Colors and Paint-type.
"Any gas, electric, telephone, water, sewer, cable,
telephone and other utility operating in the City of
Chula Vista shall paint their above-surface metal
fixtures with a uniform paint type and color which
meets with the approval of the City Manager."
7.4.2. Condition Encroachment Permits.37
"All encroachment permits issued by the city are
conditioned on (1) the permittee shall apply an anti-
graffiti material to the encroaching object of a type
and nature that is acceptable to the Director of Public
Works; (2) the immediate removal by the permittee of
any graffiti; (3) the right of the City to remove
graffiti or to paint the encroaching object; (4)
providing City with sufficient matching paint and/or
anti-graffiti material on demand for use in the
painting of encroaching object containing graffiti."
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July 15, 1991
Conceptual Graffiti Ordinance
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7.4.3. Condition Tentative Maps.~
WIn approving tentative or parcel maps, conditional use
permits, variances, or other similar land use
entitlements, the City shall consider imposing any or
all of the following conditions, or other similar or
related conditions, at the public hearing required by
law for approval of the tentative map, conditional use
permit, variance or other similar land use entitlement,
is approved:
(1) Use of Anti-Graffiti Material. Developer
shall apply an anti-graffiti material of a type and
nature that is acceptable to the Director of Public
Works to such of the pUblicly-viewable surfaces on the
improvements to be constructed on the site deemed by
the Director of Public Works to be likely to attract
graffiti ("Graffiti Attracting Surfaces");
(2) Right of Access to Remove Graffiti.
Developer shall grant, prior to resale of any of the
parcels which are within the territory of said map, the
right of entry over and access to such parcels, upon 48
hours posting of notice, by authorized City employees
or agents, to the City for the purpose of removing or
"painting over" graffiti from Graffiti Attracting
Surfaces previously designated by the Director, and the
right to remove such graffiti; and,
(3) Supply City with Graffiti-Removal Material.
Developer shall, for a period of 2 years after the
resale of their final lot, provide the City with
sufficient matching paint and/or anti-graffiti material
on demand for use in the painting over or removal of
designated Graffiti Attracting Surfaces."
(4) owner to Immediately Remove Graffiti.
Developer shall, either as part of the Conditions,
Covenants and Restrictions, or as separate covenants
recorded against individual lots, prior to resale of
same, covenant, which covenant shall run with the land
and be for the benefit of the city, in a form
satisfactory to the City, that the owner of the lots
shall immediately remove of any graffiti placed
thereon."
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.
8. Prevention Provisions.
;
8.1.. Design of New Graffiti-attracting Surfaces.39
~
8.2. Retro-fit Existing Graffiti-attracting Surfaces; Non-
Residential Structures. This may be incorporated in the
Eradication Order during an abatement hearing.
8.2.1. At OWner's Cost. "Any surface of a structure
on a parcel of land placed in any land use other than
residential which has been defaced with graffiti after
removal4o more than 5 times in 6 months, or the
immediate area surrounding said surface, shall be
required to be retrofitted, at the cost of the property
owner of said lot, with such features or qualities as
may be established by the City as necessary to reduce
the attractiveness of the surface for graffiti, or as
necessary to permit more convenient or efficient
removal thereof." .
8.2.2. At City's Cost. "The owner of property on
which is located a surface of a structure other than
residential which has been defaced with graffiti after
removal41 more than 5 times in 6 months, or the
immediate area surrounding said surface, shall permit
the City to enter upon and make such modifications
thereto, at City's cost, which modifications shall
include such features or qualities' as may be
established by the City as necessary to reduce the
attractiveness of the surface for graffiti, or as
necessary to permit more convenient or efficient
removal thereof."
8.3. Mural Painting program.42
8.4. Legal Wall Program. 43
9. Parental Involvement Provisions.~
9.1. Parental Criminal Liability.
9.1.1.
See wrongful storage provision, above.
9.1.2.
above.
See Wrongful consent to minors possession,
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9.2.
Parental Civil Liability.45
,
9.2.1. "Any parent or other legal guardian who
consents to, permits, or otherwise knowingly allows her
or his child under the age of eighteen to possess a
Graffiti Implement shall be personally liable for any
and all costs to any person incurred in connection with
the removal of Graffiti caused by said child, or by
said Graffiti Implement,~ and for all attorney's fees
and court costs incurred in connection with the civil
prosecution of any claim for damages.47
10. Severability
~
If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city Council declares
that it would have adopted each section, subsection, sentence,
clause, phrase or portion thereof, irrespective of the fact that
anyone or more sections, subsections, clauses, phrases or
portions be declared invalid or unconstitutional.48
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!
Endnotes
Proposed Ordinance Concepts to
Address the Graffiti Nuisance
Prepared and/or Compiled by Bruce M. Boogaard
city Attorney, Chula Vista
1. Approximately copied from Government Code, section 53069.3.
"Other inscribed material" was omitted here.
See also, Penal Code Section 640.5, which defines graffiti
for the purposes of defining the crime on governmental facilities
or vehicles as follows:
As used in this section, graffiti means any form of
unauthorized painting, writing, or inscription regardless of
the content or nature of the material used in the commission
of the act.
westminster Code, section 9.38.020, defines it as: "crude
drawing, inscription, scratching, scrawling or otherwise marking
by any person on any wall, fence, stucco, plaster or other hard
surface not his own, written or drawn so as to be seen by the
pUblic."
See also definition of "graffiti" in Welfare and
Institutions Code, Section 1760.3, defining the word for the
purpose of establishing a pilot Graffiti removal project, as
follows:
(a) For purposes of this section "graffiti" means any
unauthorized inscription, word, figure, or design which is
marked, etched, scratched, drawn, or painted on any
structural component of any building, structure, or other
facility regardless of its content or nature and regardless
of the nature of the material of that structural component.
2. Adapted from R & T Code Section 7287, which provides, for the
purposes of taxing spray can sales:
". . . [A]erosol paint container" means any aerosol
container, regardless of the material from which it is made,
which is adapted or made for the purpose of spraying paint
capable of defacing property.
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3. Adapted from National City's ordinance which used "four
millimeters". Please note the taxing authority of R & T Code
Section 7287 specifies ~/2 inch or greater.
4. Chula Vista Municipal Code Section 9.20.020 (B). See R & T
Code Section 7287, which for the purposes of taxation, defines
"felt tip marker" as "any broad-tipped indelible marker or
similar implement containing an ink that is not water-soluble."
S. New concept derived from Graff.iti subcommittee meeting in
Chula Vista.
6. Chula Vista Municipal Code Section 9.20.010.
7. There is generally no need to repeat State Law, and in many
cases, the pre-emption doctrine makes any attempt to do so a
useless practice. In this regard, Penal Code, Section 594,
provides:
Vandalism; penalty
(a) Every person who maliciously (1) defaces with paint
or any other liquid, (2) damages, or (3) destroys any real
or personal property not his or her own, in cases otherwise
than those specified by state law, is guilty of vandalism.
(b)
(1) If the amount of defacement, damage, or
destruction is fifty thousand dollars ($50,000) or
more, vandalism is punishable by imprisonment in the
state prison or in a county jail not exceeding one
year, or by a fine of not more than fifty thousand
dollars ($50,000), or by both that fine and
imprisonment.
(2) If the amount of defacement, damage, or
destruction is five thousand dollars ($5,000) or more
but less than fifty thousand dollars ($50,000),
vandalism is punishable by imprisonment in the state
prison, or in a county jail not exceeding one year, or
by a fine of not more than ten thousand dollars
($10,000), or by both that fine and imprisonment.
(3) If the amount of defacement, damage, or
destruction is one thousand dollars ($1,000) or more
but less than five thousand dollars ($5,000), vandalism
is punishable by imprisonment in the county jail not
exceeding one year, or by a fine of five thousand
dollars ($5,000), or by both that fine and
imprisonment.
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(4) Xf the amount of defacement, damage, or
destruction is less than one thousand dollars ($1,000),
vandalism is punishable by imprisonment in the county
jail for not more than six months, or by a fine of not
more than one thousand dollars ($1,000), or by both
that fine and imprisonment.
(c) Upon conviction of any person under this section
for acts of vandalism consisting of writing graffiti,
the court may, in addition to any punishment imposed
under subdivision (b), at the victim's option, order
the defendant to either clean up and repair the damaged
property himself or herself, or to pay for someone else
to do so."
See also, Penal Code, Section 594.1, which makes the sale or
furnishing to minors of spray paint cans illegal:
Aerosol containers of paint
(a) xt shall be unlawful for any person, firm, or
corporation, except a parent or legal guardian, to sell or
give or in any way furnish to another person, who is in fact
under the age of 18 years, any aerosol container of paint
that is capable of defacing property without first obtaining
bona fide evidence of majority and identity.
For purposes of this subdivision, "bona fide evidence
of majority and identity" is any document evidencing the age
and identity of an individual which has been issued by a
federal, state, or local governmental entity, and includes,
but is not limited to, a motor vehicle operator's license, a
registration certificate issued under the federal Selective
Service Act, or an identification card issued to a member of
the armed forces. This subdivision shall not apply to the
furnishing of six ounces or less of an aerosol container of
paint to a minor for the minor's use or possession under the
supervision of the minor's parent, guardian, instructor, or
employer.
(b) zt shall be unlawful for any person under the age
of 18 years to purchase an aerosol container of paint that
is capable of defacing property.
(c) Every retailer selling or offering for sale in this
state aerosol containers of paint capable of defacing
property shall post in a conspicuous place a sign in letters
at least three-eighths of an inch high stating: "Any person
who maliciously defaces real or personal property with paint
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is guilty of vandalism which is punishable by a fine,
imprisonment, or both."
(d) It is unlawful for any person to carryon his or
her person and in plain view to the public an aerosol
container of paint while in any posted public facility,
park, playground, swimming pool, beach or recreational area,
other than a highway, street, alley or way, unless he or she
has first received valid authorization from the governmental
entity which has jurisdiction over the public area.
As used in this subdivision "posted" means a sign
placed in a reasonable location or locations stating it is a
misdemeanor to possess a spray can of paint in such public
facility, park, playground, swimming pool, beach or
recreational area without valid authorization.
(e) It is unlawful for any person under the age of 18
years to possess an aerosol container of paint for the
purpose of defacing property while on any public highway,
street, alley, or way, or other public place, regardless of
whether that person is or is not in any automobile, vehicle,
or other conveyance.
(f) Violation of any provision of this section is a
misdemeanor.
See also Penal Code, section 640.5, which creates a special crime
of apply graffiti on facilities or vehicles of a governmental
entity:
Graffiti; facilities or vehicles of governmental entity,
etc.; punishment
(a) Any person who writes, sprays, scratches, or
otherwise affixes graffiti on or in the facilities or
vehicles of a governmental entity, as defined by Section
811.2 of the Government Code, or on or in the facilities or
vehicles of a public transportation system as defined by
Section 99211 of the Public Utilities Code, or on or in the
facilities of or vehicles operated by entities subsidized
by, the Department of Transportation, or on or in any leased
or rented facilities or vehicles for which any of the above
entities incur costs of cleanup, repair, or replacement is
guilty of an infraction punishable by a fine not to exceed
two hundred fifty dollars ($250) and by community service
for a total time not to exceed 48 hours over a period not to
exceed 30 days, during a time other than during his or her
hours of school attendance or employment. This subdivision
does not preclude application of Section 594.
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(b)
i
(1) Upon conviction of any person under
subdivision (a), the court may, in addition to any
punishment imposed pursuant to subdivision (a),
order the defendant to perform the necessary labor
to clean up, repair, or replace the property
damaged by that person, but shall not order the
person to pay for any related costs incurred by
the cleanup, repair, or replacement of the
property.
(2) If a minor is personally unable to pay any
fine levied for violating subdivision (a), the
parent or legal guardian of the minor shall be
liable for payment of the fine. A court may waive
payment of the fine by the parent or legal
guardian upon a finding of good cause.
(c) Any fine levied for a violation of subdivision (a)
shall be credited by the county treasurer pursuant to
Section 1463.29 to the governmental entity having
jurisdiction over, or responsibility for, the facility or
vehicle involved, to be used for removal of the graffiti.
Before crediting these fines to the appropriate governmental
entity, the county may determine the administrative costs it
has incurred pursuant to this section, and retain an amount
equal to those costs.
~
Any community service which is required pursuant to
subdivision (a) of a person under the age of 18 years may be
performed in the presence, and under the direct supervision,
of the person's parent or legal guardian.
(d) As used in this section, graffiti means any form of
unauthorized painting, writing, or inscription regardless of
the content or nature of the material used in the commission
of the act.
However, the Penal Code invites Cities to participate in some
regulation making activity relative to the sale of spray paint
cans or other "defacable liquids" by Penal COde, Section 594.5,
which provides as follows:
n Nothing in this code shall invalidate an ordinance of,
nor be construed to prohibit the adoption of an ordinance
by, a city, city and county,. or county, if such ordinance
regulates the sale of aerosol containers of paint or other
liquid substances capable of defacing property."
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8. Possible pre-emption problem.
~
g. As noted
spray can to
by a minor.
above, state Law makes it illegal to sell of give a
a minor, but does not address "possession" of same
This section is intended to fill that gap.
10. Chula Vista Ordinance, Section 9.20.040(h).
11. If the .possession by Minors" provision above is enacted,
this section may still be useful to prohibit adults from having
spray cans in designated public places.
12. Idea copied from City of Westminster, Chapter 9.38.040.
13. Vehicle Code, Section 13202.6 permits suspension or delay in
issuance of a driver's license of one year for each conviction of
graffiti as follows:
Conviction of person aged 13 to 21 for vandalism by defacing
property with paint or any other liquid; suspension or delay
of driving privilege; reduction of period for community
service
(a)
(1) For each conviction of a person for any offense
specified in subdivision (d), committed while the person was
13 years of age or older, the court may suspend the person's
driving privilege for one year. If the person convicted
does not yet have the privilege to drive, the court may
order the department to delay issuing the privilege to drive
for one year subsequent to the time the person becomes
legally eligible to drive. However, if there is no further
conviction for any offense specified in subdivision (d) in a
12-month period after the conviction, the court, upon
petition of the person affected, may modify the order
imposing the delay of the privilege. For each successive
offense, the court shall suspend the person's driving
privilege for those possessing a license or delay the
eligibility for those not in possession of a license at the
time of their conviction for one additional year.
(2) Any person whose driving privilege is suspended or
delayed for an act involving vandalism in violation of
Section 594 of the Penal Code, may elect to reduce the
period of suspension or delay imposed by the court by
performing community service under the supervision of the
probation department. The period of suspension or delay
ordered under paragraph (1) shall be reduced at the rate of
one day for each hour of community service performed. For
purposes of this paragraph, "community service" means
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,
,
cleaning up graffiti from any public property, including
public transit vehicles.
(3) As used in this section, the term "conviction"
includes the findings in juvenile proceedings specified in
Section 13105.
,
~
(b)
(1) Whenever the court suspends driving privileges
pursuant to subdivision (a), the court in which the
conviction is had shall require all drivers' licenses held
by the person to be surrendered to the court. The court
shall. within 10 days following the conviction, transmit a
certified abstract of the conviction, together with any
drivers' licenses surrendered, to the department.
(2) Violations of restrictions imposed pursuant to this
section are subject to Section 14603.
(c) When the court is considering suspending or delaying
driving privileges pursuant to subdivision (a), the court
shall consider if a personal or family hardship exists that
requires the person to have a driver's license for his or
her own. or a member of his or her family's, employment or
medically related purposes.
(d) This section applies to violations involving vandalism
in violation of Section 594 of the Penal Code by defacing
property with paint or any other liquid.
(e) The suspension, restriction, or delay of driving
privileges pursuant to this section shall be in addition to
any penalty imposed upon conviction of any violation
specified in subdivision (d).
14. Please see Vehicle Code. Section 42001.7. which permits a
Court to requiring a littering (VC 23111. 23112, 23113(a))
offender to pick up litter or clean up graffiti:
(a) Every person convicted of a violation of Section
23111 or 23112. or subdivision (a) of Section 23113, shall
be punished by a mandatory fine of not less than one hundred
dollars ($100) nor more than one thousand dollars ($1,000)
upon a first conviction, by a mandatory fine of not less
than five hundred dollars ($500) nor more than one thousand
dollars ($1,000) upon a second conviction, and by a
mandatory fine of not less than seven hundred fifty dollars
($750) nor more than one thousand dollars ($1,000) upon a
third or subsequent conviction.
Xn no case may the court order imprisonment in the
county jail for a violation punishable under this
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1
subdivision, unless imprisonment is ordered pursuant to
Section 166 of the Penal Code.
(b) The court shall, in addition to the fines imposed
pursuant to subdivision (a), order the offender to pick up
litter or clean up graffiti at a time and place within the
jurisdiction of the court as follows:
~
(1) For a first conviction
subdivision (a), the court
to pick up litter or clean
than eight hours.
(2) For a second conviction punished pursuant to
subdivision (a), the court shall require the offender
to pick up litter or clean up graffiti for not less
than 16 hours.
punished pursuant to
shall require the offender
up graffiti for not less
(3) For a third or subsequent conviction punished
pursuant to subdivision (a), the court shall require
the offender to pick up litter or clean up graffiti for
not less than 24 hours.
(e) It is the intent of the Legislature that persons
convicted of highway littering be required to bear the
penalty for their actions. Therefore, the court may not
suspend the mandatory fines required by subdivision (a)
except in unusual cases where the interest of justice would
best be served by suspension of the fine. If the court
suspends imposition of any fine required by subdivision (a),
it shall, as a condition of that suspension, require the
offender to pick up litter or clean up graffiti at a time
and place within the jurisdiction of the court for not less
than eight hours for everyone hundred dollars ($100) of
fine suspended. The court may not suspend the order to pick
up litter or clean up graffiti required by this subdivision
or subdivision (b) except in unusual cases where the
interest of justice would best be served by suspension of
that order.
15. See Welfare and Institutions Code, Section 729.8, requiring
mandatory community service for minors possessing drugs:
(a) If a minor is found to be a person described in
Section 602 by reason of the unlawful possession, use, sale,
or other furnishing of a controlled substance, as defined in
Chapter 2 (commencing with Section 11053) of the Health and
Safety Code an imitation controlled substance as defined in
Section 11675 of the Health and Safety Code, or toluene or a
toxic, as described in Section 381 of the Penal Code, upon
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the grounds of any school providing instruction in
kindergarten, or any of grades 1 to 12, inclusive, or any
church or synagogue, playground, public or private youth
center, or public swimming pool, during hours in which these
facilities are open for business, classes, or school-related
activities or programs, or at any time when minors are using
the facility, the court, as a condition of probation, except
in any case in which the court makes a finding and states on
the record its reasons that the condition would be
inappropriate, shall require the minor to perform not more
than 100 hours of community service.
(b) The definitions contained in subdivision (e) of
Section 11351.1 shall apply to this section.
(c) As used in this section, "community service" means
any of uhe following:
(1) Picking up litter along public streets or highways.
(2) Cleaning up graffiti on school grounds or any
public property.
(3) Performing services in a drug rehabilitation
center.
16. Regardless of whether it is related to graffiti.
17. New municipal concept. Research Required: Does a city have
the authority to impose punishment for a "crime"? Pre-emption
problem. . See first or second previous footnote.
18. Government COde, Section 53069.5, provides:
"Reward for information concerning person causing death,
injury or property damage; liability for reward.
A local agency, as defined in Section 54951, may offer
and pay a reward, the amount thereof to be determined by the
local agency, for information leading to the determination
of the identity of, and the apprehension of, any person
whose willful misconduct results in injury or death to any
person or who willfully damages or destroys any property.
Any person whose willful misconduct has resulted in
injury or death to any student or any person employed by or
performing volunteer services for a local agency or who has
willfully damaged or destroyed any property of a local
agency or any property of any other local agency or state or
federal agency located within the boundaries of the local
agency shall be liable for the amount of any reward paid
pursuant to this section and if he is an unemancipated minor
his parent or guardian shall also be liable for the amount.
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19. For similar provision, see Westminster Code, Section
9.38.030.
20. Xmperial Beach, Section 12.72.090.
,-
21. Even though Penal Code Section 594.1, cited above, makes it
illegal to sell or give a spray can or "other defacable liquids"
to minors, this may not include felt tip markers, and would not
include solid "graffiti sticks". These provisions may supplement
such a gap.
22. See Henry Morris, Los Angeles City Attorney's Office,
handling injunction against the wrongful display for sale
provisions. Police Department not now enforcing the ordinance,
and will wait appeal decision. Manufacturer's applied for the
injunction. This provision is similar to Los Angeles Municipal
Ordinance No. 166199 (Nov. 16, 1990).
23. Chula Vista Municipal COde, Section 9.20.040, originally
derived from Officer Dan HOlian, Chula Vista Police Department.
24. The regulatory aspect of this provision is admittedly
controversial because it imposes a duty on all persons to "lock
up" their "graffiti-abIes" when they are not present. The sub-
committee on graffiti ended up approving the provision, but Staff
invites the council to debate the philosophical aspects:
A. What is the purpose of the provision? To reduce vandal
access to "graffiti-abIes.
B. How effective is the provision to achieve the intended
purpose? Staff believes that a significant amount of graffiti-
abIes (probably more spray cans than markers) are obtained as a
result of theft from open and unattended garages, storage rooms,
etc. Staff believes that mere discussion of the provision will
help raise the level of awareness of residents of the problem and
help to keep garages and storage rooms closed and locked when
they are not in attendance.
C. What are the undesired consequences? Unfortunately, the
regulation constitutes an intrusion into the private lives of
non-vandals in order to help control a serious, community-wide
problem. We have attempted to mitigate the intrusive effect by
putting a restrictive enforcement policy in the ordinance which
provides that the section is not to be enforced except when its
violation has contributed to an act of graffiti vandalism.
25. A particular jurisdiction may wish to add: "not to exceed
$1,500.00" or some other amount.
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26. The theory of these type of provisions is to shift the cost
of removal to the property owner on whose property the graffiti
is located.
27. Chula Vista Municipal Code Section 9.20.035. See also San
Marcos Municipal Code Section 10.30.20(b).
28. Credits for this idea to the author.
29. The theory of this section is not to have the city absorb
the cost of removal, but to simply get access to the property to
remove the offending graffiti.
30. Government Code, Section 53069.3, designed to avoid the use
of a "gift of public fund" challenge to the expenditure of public
funds to remove graffiti from private property, provides as
follows:
"Repair of defaced public or private permanent structures;
ordinance; public funds; consent of. owner.
" A city or county may enact an ordinance to provide for
the use of city or county funds to remove graffiti or other
inscribed material from public or privately owned permanent
structures located on public or privately owned real
property within such city or county.
Such ordinance shall only authorize the removal of the
graffiti or other inscribed material itself, and not the
painting or repair of a more extensive area.
Such removal may be performed, only after a finding by
the city or county that the graffiti or other inscribed
material is obnoxious, and, in the case of a publicly owned
structure, only after securing the consent of the public
entity having jurisdiction over the structure, and in the
case of a privately owned structure, only after securing the
consent of the owner.
As used in this section, "graffiti or other inscribed
material" includes any unauthorized inscription, word,
figure, or design that is marked, etched, scratched, drawn,
or painted on any structural component of any building,
structure, or other facility, regardless of the nature of
the material of that structural component.
This section does not preclude the abatement of.
graffiti or other inscribed material as a nuisance pursuant
to Section 25845 or 38773.5, or the enactment or enforcement
of any criminal law with respect to nuisance.
31. Please note Imperial Beach provision conditioning the
authority of the City to authorize the removal of graffiti, based
on Government Code Section 53069.3. This seems contrary to the
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authority of the city to correct nuisances, and is not
recommended by this author:
-Where a structure is privately owned, the removal of the
graffiti may be authorized only after acquiring the consent,
release, and waiver of the owners. The city shall obtain
such consent, release, and waiver by placing a Graffiti
Removal Authorization Form on the premises and the same 1s
returned to the city."
...
32.
One such form may look like the following:
GRAFFITI WAIVER AND RELEASE OF LIABILITY
The undersigned warrants and represents that the undersigned
is the owner of the property hereinbelow set forth ("Property"),
or is acting on behalf of, and as agent for the owner, of the
Property in connection with granting the permissions and making
the promises herein contained.
The city of Chula Vista, its councilpersons, officers and
employees, its volunteers, representatives and agents, the
graffiti removal sponsors, and the persons specifically described
below, or any of their agents, employees and assigns
("Indemnitees"), may have offered, or may have participated in
the offering to the undersigned, to remove graffiti existing on
the Property, and it is our desire to grant permission to
Indemnitees and to do so on the terms and conditions herein
contained.
Now, therefore, the undersigned does hereby warrant,
represent, promise and agree as follows:
1. The undersigned acknowledges that graffiti removal may
involve certain risks to the Undersigned and Property Owner which
include, but are not limited to, the potential for injury to
persons or damage to property, including damage from
inappropriately matched paint color. I hereby assume all of the
such risks.
2. In consideration for attempting to remove Graffiti from
the Property, I hereby take action for myself, my spouse, my
principal, owner of the Property, executors, administrators,
heirs, next of kin, successors, and assigns as follows:
(A) waive, release and discharge Indemnitees from any and
all liability for my death, disability, personal injury, property
damage, property theft or actions of any kind Which may hereafter
accrue to Indemnitees from this activity.
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July 15, 1991
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.
(B) indemnify, defend and hold Indemnitees harmless from any
and all liabilities, costs, expenses, expenditures and claims
made by other individuals or entities who have suffered or claim
to have suffered loss, injury or damage during their attempt to
remove graffiti from the Property except for those claims arising
from the sole negligence or sole willful conduct of the
Indemnitees.
This Waiver, Release and Indemnity shall be construed
broadly to provide a release and waiver to the maximum extent
permissible under applicable law.
I hereby certify that I have read this document, and I
understand its content.
Specific Indemnitees:
Signature
Date Signature
Date
33. Note that Cities typically already have a nuisance abatement
procedure under their "property maintenance". provisions, and
hopefully one which meets the requirement of due process.
Referral to those proceedings could be made at this point rather
than reiteration here. Santa Clara's and Redland's ordinance has
what appears to be a good abatement procedure which cities may
prefer over this one.
34. Government Code Section 38773, provides for summary
abatement of nuisances at the expense of the person maintaining
same, and provides that by ordinance, may make the expense of
abatement a lien against the property:
.. The legislative body may provide for the summary
abatement of any nuisance at the expense of the persons
creating, causing, committing, or maintaining it and by
ordinance may make the expense of abatement of nuisances a
lien against the property on which it is maintained and a
personal obligation against the property owner, in
accordance with Section 38773.1 or 38773.5.
Section 38773.1, provides authority to establish liens against
property containing nuisances, as follows:
(a) The legislative body may by ordinance establish a
procedure to collect abatement and related administrative
costs by a nuisance abatement lien. This ordinarice shall
require notice prior to the recordation of the lien to the
owner of record of the parcel of land or which the nuisance
graf19.wp
July 15, 1991
Conceptual Graffiti Ordinance
Page 25
is maintained, based on the last equalized assessment roll
or the supplemental roll, whichever is more current.
(b) The notice shall be served in the same manner as
summons in a civil action in accordance with Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of
Part 2 of the Code of civil Procedure. If the owner of
record, after diligent search cannot be found, the notice
may be served by posting a copy thereof in a conspicuous
place upon the property for a period of 10 days and
publication thereof in a newspaper of general circulation
published in the county in which the property is located
pursuant to Section 6062.
(c) A nuisance abatement lien shall be recorded in the
county recorder's office in the county in which the parcel
of land is located and from the date of recording shall have
the force, effect, and priority of a judgment lien.
(1) A nuisance abatement lien authorized by this
section shall specify the amount of the lien, the name
of the agency on whose behalf the lien is imposed, the
date of the abatement order, the street address, legal
description and assessor's parcel number of the parcel
on which the lien is imposed, and the name and address
of the recorded owner of the parcel.
(2) In the event that the lien is discharged, released,
or satisfied, either through payment or foreclosure,
notice of the discharge containing the information
specified in paragraph (1) shall be recorded by the
governmental agency. A nuisance abatement lien and the
release of the lien shall be indexed in the grantor-
grantee index. .
(3) A nuisance abatement lien may be foreclosed by an
action brought by the city for a money judgment.
(4) Notwithstanding section 6103, Section 27383, or any
other provision of law, the county recorder may impose
a fee on the city to reimburse the costs of processing
and recording the lien and providing notice to the
property owner. A city may recover from the property
owner any costs incurred regarding the processing and
recording of the lien and providing notice to the
property owner as part of its foreclosure action to
enforce the lien.
As an alternative procedure, Government COde, Section 38773.5,
permits the establishment of procedures for the abatement of a
nuisance; and permits the cost of abatement to constitute a
special assessment against parcel, as follows:
As an alternative to the procedure authorized by
Section 38773.1, the legislative body may by ordinance
establish a procedure for the abatement of a nuisance and
graf19 . wp
July 15, 1991
Conceptual Graffiti Ordinance
Page 26
i
,
make the cost of abatement of a nuisance upon a parcel of
land a special assessment against that parcel. The
assessment may be collected at the same time and in the same
manner as ordinary municipal taxes are collected, and shall
be subject to the same penalties and the same procedure and
sale in case of delinquency as provided for ordinary
municipal taxes. All laws applicable to the levy,
collection and enforcement of municipal taxes shall be
applicable to the special assessment. However, if any real
property to which the cost of abatement relates has been
transferred or conveyed to a bona fide purchaser for value,
or if a lien of a bona fide encumbrancer for value has been
created and attaches thereon, prior to the date on which the
first installment of the taxes would become delinquent, then
the cost of abatement shall not result in a lien against the
real property but instead shall be transferred to the
unsecured roll for collection. Notices or instruments
relating to the abatement proceeding or special assessment
shall be entitled to recordation.
Government Code, Section 38773.7 permits the City to recover
treble damages for a second or subsequent civil or criminal
judgment in connection with the abatement of a nuisance:
" The legislative body, by ordinance, may provide that
upon entry of a second or subsequent civil or criminal
judgment within a two-year period finding that an owner of
property is responsible for a condition that may be abated
in accordance with an ordinance enacted pursuant to Section
38773.5, except for conditions abated pursuant to Section
17980 of the Health and Safety COde, the court may order the
owner to pay treble the costs of the abatement.
35. Lawndale told that graffiti removal may not be an eligible
use of COBG funds.
36. Revenue and Taxation Code, Section 7287, permits a city or
county to levy a tax by an ordinance approved by two-thirds of
the electors voting on the measure, on the privilege of selling
at retail within the city or county "aerosol paint containers,
containers of any other marking substance, felt tip markers which
have a flat or angled surface of 1/2 inch or greater, or any
other marking -instruments" of $.10 per container or $.05 per
marker-type instrument. The city must contract with the State
Board of Equalization to perform administrative functions, for
which they are to be paid "off the top" from the proceeds, and
the tax levy must be repealed within five years. The tax will be
collected from purchasers by the retailers. The proceeds of the
tax "shall only be expended by that local entity for purposes of
the removal and prevention of graffiti, or for educational
graf19 . wp
July 15, 1991
Conceptual Graffiti Ordinance
Page 27
proqrams for at-risk youth to combat graffiti vandalism in all
its forms."
~
There is the prospect for a tax independent of this state
authority, particularly for charter cities.
37. Credits for this idea to author.
38. Credits for this idea to Sid Morris, Assistant City Manager,
Chula Vista.
39. ftHardening the target." See Bombino and Burnino: The
Social Oraanization and values of HiD HOD Graffiti Writers and
Imolications for policv by Devon Brewer and Marc Miller, "Deviant
Behavior", 11:345-369, 1990, Hemisphere Publishing Corporation,
1990.
40. This provision has to be analyzed as possibly discouraging
removal by the property owner.
41. This provision has to be analyzed as possibly discouraging
removal by the property owner.
42. Palo Alto has such a program.
43. certain authorities believe that intensified removal, pre-
vention and punishment efforts fuel the psyche of the graffiti
artist, spurring more intensive graffiti. These authorities
suggest that providing certain designated walls as legal for
graffiti would have the effect of reducing graffiti elsewhere for
several reasons: (1) it permits peer recognition without
prosecutorial risk; and (2) it lessens the value associated with
graffiti if "lay persons/commoners" learn the skills of the
graffiti artist, etc. See Bombino and Burnino: The Social
Oraanization and values of HiD HOD Graffiti Writers and
Imolications for policv by Devon Brewer and Marc Miller, "Deviant
Behavior", 11:345-369, 1990, Hemisphere Publishing Corporation,
1990.
In order to permit legal walls, however, all of the criminal
sections have to be considered for modification in order to
permit possession and travel back and forth to the legal wall.
44. Penal Code Section 640.5 permits that "any community service
which is required pursuant to subdivision (a) [government
facility or vehicle defacement] of a person under the age of 18
years may be performed in the presence, and under the direct
supervision, of the person's parent or legal guardian.
graf19.wp
July 15, 1991
Conceptual Graffiti Ordinance
Page 28
{
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45. Remember that Civil Code Section 1714.1 imputes the willful
aisconduct of a minor to the parents or custodial guardians for
all purposes of civil damages, to $10,000 per incident for
graffiti injuries, and includes court costs and attorneys fees.
Remember also that Government Code, Section 53069.5, makes
parents contingently liable for rewards paid out for catching
-defacers" of public property:
· Any person whose willful misconduct has resulted in
injury or death to any student or any person employed by or
performing volunteer services for a local agency or who has
willfully damaged or destroyed any property of a local
agency or any property of any other local agency or state or
federal agency located within the boundaries of the local
agency shall be liable for the amount of any reward paid
pursuant to this section and if he is an unemancipated minor
his parent or guardian shall also be liable for the amount...
Tbe same applies, in Penal Code Section 640.5 for minor defacing
governmental facilities or vehicles:
· (2) If a minor is personally unable to pay any fine
levied for violating subdivision (a), the parent or legal
guardian of the minor shall be liable for payment of the
fine. A court may waive payment of the fine by the parent
or legal guardian upon a finding of good cause."
However, Penal Code, Section 594.1, permits parents to give or
sell aerosol containers of paint to their children without
criminal liability. This ordinance provision would make them
civilly liable for such decisions.
46. This phrase permits civil liability if the child gives the
Graffiti Implement to a friend who causes the graffiti.
47. Chula Vista Municipal Codes, Section 9.20.050 (B).
48. copied from Imperial Beach, Section 12.72.110.
graf19.wp
July 15, 1991
Conceptual Graffiti Ordinance
Page 29
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
ITEM
~ fl.. l3>
MEETING DATE
Julv 16. 1991
Amendments to the City's Public Employees Retirement (PERS)
Contract to provide for Section 20020.1.
A. RESOLUTION !I..;L 53 of intention to approve an Amendment
to Contract between the Board of Administration of the
Public Employees' Retirement System and the City Council
of the City of Chula Vista.
B. ORDINANCE 2.lJtcCj of the Ci ty Council of the City of
Chul a Vi sta authori zi ng an Amendment to the Contract
between the City of Chula Vista and the Board of
Administration of the Public Employees' Retirement
System.
DIRECTOR OF PERSONNEL ~
CITY MANAGER..J&l ~~ (4/5th Vote: Yes_ NOl)
In 1973, PERS law allowed Communications Operators to elect to become Safety
members and make reti rement contri buti ons accordi ngly. Later, the PERS 1 aw
definition of a Safety member was changed to exclude Communications Operators but
grandfathered those who had elected Safety membership in 1973. The City employed
a Communications Operator in 1973 who elected Safety membership. Later, in March
of 1987, this individual was promoted to Lead Communications Operator and
therefore lost the grandfathered benefit of Safety membership. When this became
known to the City, it sponsored legislation to amend PERS law to allow this
individual to again be treated as a Safety member. The legislation passed in
1988 as PERS law Section 20020.1. This section requires that the City amend its
contract with PERS for this benefit to be legal.
RECOMMENDATION: Adopt Resolution of Intention and place the Ordinance on first
reading.
BOARDS AND COMMISSIONS RECOMMENDATIONS: N/A
DISCUSSION: The Resolution and Ordinance to amend the City's contract with PERS
is a clean-up item that will bring the City into compliance with a PERS law
section that was written from legislation sponsored by the City.
Section 20020.1 states: "Local policeman" or "policewoman" also includes any
officer or employee of a police department of a contracting agency which is a
city, employed to perform communication duties for an employer that contracted
with this system for coverage for its local policemen or policewomen on October
I, 1948, and who elected to become a local safety member on August 25, 1973,
pursuant to Chapter 91 of the Statutes of 1973.
~ -I
ITEM
'?~ ..l3
MEETING DATE
Julv 16. 1991
This section appl ies to only one individual who works for the City of Chula
Vista.
PERS law requires that a 20-day period elapse between the passage of the
Resolution of Intent/first reading of the Ordinance and the final reading of the
Ordinance. Therefore, the second reading of the Ordinance will be scheduled for
the August 5, 1991 meeting.
FISCAL IMPACT: The City has been contributing the Safety membership rate for
this one individual since 1973. Therefore, there is no fiscal impact to the
City. The affected individual has repaid her PERS contributions for the period
of time between her promotion and the passage of the legislation which formed
Section 20020.1.
A:\(A113)\PERSCOMM,OP
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RESOLUTION NO. 1~1..5.3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OF INTENTION TO APPROVE AN
AMENDMENT TO CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE
CITY OF CHULA VISTA
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, the Public Employees' Retirement Law permits
the participation of public agencies and their employees in the
Public Employees' Retirement system by the execution of a
contract, and sets forth the procedure by which said public
agencies may elect to subject themselves and their employees to
amendments to said Law; and
WHEREAS, one of the steps in the procedure to amend this
contract is the adoption by the governing body of the public
agency of a resolution giving notice of its intention to approve
an amendment to said contract, which resolution shall contain a
summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed
change:
To provide Section 20021.1 ("Local police Officer" shall
include any officer or employee of a police department
employed to perform communication duties and who elected
to become a local safety member on August 25, 1973).
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby give notice of intention to
approve an amendment to the contract between the said governing
body and the Board of Administration of the Public Employees'
Retirement system, a copy of said amendment being attached
hereto, as an "Exhibit" and by this reference made a part hereof.
Presented by
Candy Boshell, Director of
Personnel
9054a
~8-1
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter. I
am the principai clerk of the printer of the
CHULA VISTA STAR-NEWS, a newspaper of
general circulation, printed and published
TWICE-WEEKLY in the City of Chula Vista,
and the South Bay Judiciai District, County of
San Diego, State of California, under the date
of Aug. 8, 1932, Case Number 71752; that the
notice, of which the annexed is a printed copy
(set in type not smalier than nonpareil), has
been published in each regular and entire
issue of said newspaper and not in any sup-
plement thereof on the foliowing dates, to-wit:
7/2U
all in the year 19.9.1
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at
Chula Vista
California, thisZD.......... day of......Ju.ly.
19...... ..9.:1.......................
Signature
Pnncipal Clerk
8~u:t.W1N&cJ
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This space is for the County Clerk's Filing Stamp
Proof of Publication of:
.. ...,Ra s.. .1.62 5. 3............ .................. ............ .............. ......
....................., RESOlUTION. NO. 18253 !..............................
RESOLUTION OF THE CITY
COUNCIL OF THE etTY OF
CHULAVlSTA OF INTEN-
TION.TOAPPROVE -AN
AMENO-MENT..TO i'CbN-.1
TRACT'\BETWEENcTHE
BOARD. 01'. ADMINISTRA-
TION OF'TIlE~UBEICEM-
PLOYEES~.'t~;RETfREMENT
SYSTEM AND 'THE. CITY
COUNCIL OF- THE- CnY' OF
CHULA VISTA-
The CUrCounc:l1 or thtJ' CIty
of cnura- Villa doH_ hereby
resolve as fbIlowa:
V\lHEREAS. N' PubRe Em-
plOY88S' Rellrement Law. per-
mlm the ~padOI:t'.at public
a~',lU'id:1beit:_emp/Oy!es
~~.::.,~=~r:
dono'.Qotltr8'Ct,;'ancr,...fOrth
:~:o.::=~::.ctU:
subject ihemMIvU:" and their
employeea, ID amendments ID
salctLaw:ancf..- .', ..
wt-IEREAS, one of the.tapa
In the procedure to amend thla
con.act Ia ... odapllan by ...
governing body of the public
agency- 01 . r8safultan g,lvIng
notice at Ita Intandon ID-ap,-
prove-an amendment tCIsald
contr'act_Whk:h ruoIutlon shall
contain . ,summary of the
change proppsed In .,ald' con-
tract;and'- - ,i.i. ~
WHEREAS, the fbnawulg Is
a statement of the propoSed
change:
To ~Ide Secdon- 2OO2t.1
(''lac8L Police CffiC(H'" sh8lt In-
! Clude'any,of!IC8r ar"em.playee:
! of a - police 'ttepartmentem~
played 10 perfOrm communiea-.
tlon dull" and who e1oct8d ID
become a local safety member
on August 25, 1973}.
NOW, THEREFORE. BE IT
RESOLVED that Ih.Clty
Council oJ the. CIty' of Chula
Vista does, hef&by give notice
of Intantlarf' IDapprove an
amendmenttD. thfi.qonll'aCt be-
tween.lh& ulf!-~il)lbody
and. the Boar1:ta"tMm/[it-e:-
don or-the' P(iti!l~:',:emplci~.
R.......... S]/lIlanlIf.'..... of
said amendmentl$ ann.m,N.
otnceofthaCltycref'k. 7,
Presenl8ciby:
. c.nc:ty loeh811
[){recIDr of Personnef
Approved as to torm by:
Bruce M. B~rd
Clly AllDmey
CV02033 7/20191
* * * COP Y * * *
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\~()\ PUBLIC
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AMEIIDMEIl'1' TO CON'I'RAC'I'
BE'l'WEEN THE
BOARD OF ADMINISTRATION
OF THE
EMPLOYEES' RETIREMEN'l'
AND THE
CITY COUNCIL
OF THE
CITY OF CHOLA VISTA
SYSTEM
The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of above public agency,
hereinafter referred to as Public Agency, having entered into a contract
effective October 1, 1948, and witnessed August 31, 1948, and as amended
effective October 1, 1951, November 1, 1955, January 1, 1960, January 1, 1961,
September 1, 1967, September 28, 1973, October 4, 1973, October 8, 1976, April
16, 1981, January 8, 1982, September 28, 1984, July 3, 1987, October 13,
1989, September 27, 1990, November 16, 1990 and January 4, 1991, which
provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective January 4, 1991, and hereby replaced by the following
paragraphs numbered 1 through 14 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement agell
shall mean age 60 for local miscellaneous members and age 50 for local
safety members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after October 1, 1948 making its employees as
hereinafter provided, members of said System subject to all provisions
of the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and
to all amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contract-
ing agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety
members) ;
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
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4. In addition to the classes of employees excluded from membership by
said Retirement Law, the fOllowing classes of employees shall not
become members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5.
Prior to January 1, 1975, those members who were hired by Public
Agency on a temporary and/or seasonal basis not to exceed 6 months
were excluded from PERS membership by contract. Government Code
Section 20336 supersedes this contract provision by providing that any
such temporary and/or seasonal employees are excluded from PERS
membership subsequent to January 1, 1975.
6.
This contract shall be the continuation of the contract of the
Montgomery Fire Protection District, hereinafter referred to as
"Former Agency". The accumulated contributions, assets and liability
for prior and current service under the Former Agency's contract shall
be merged pursuant to Section 20567.1 of the Government Code. Such
merger occurred January 1, 1986.
a. Service performed for the former agency prior to January 1, 1986
shall be computed separately from service performed on and after
January I, 1986, pursuant to Government Code Section 20567.8.
7.
The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member
shall be determined in accordance with Section 21251.13 of said
Retirement Law (2\ at age 60 Full).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21252.01 of said Retirement Law
(2\ at age 50 Full).
9. Public Agency elected to be subject to the following optional
provisions:
a. Section 20862.8 (Credit for Unused Sick Leave).
b. Section 20020 ("Local Police Officer" shall include persons
assigned to identification and communication duties in the Police
Department who were not classified as local safety members and
who were in such employment on or prior to August 4, 1972, and
who elected to be local safety members on or before September 28,
1973) .
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c.
Section 21222.85 (Special 3% - 15% Increase) for or on behalf of
those local miscellaneous members and those local safety members
who retired or died prior to January 1, 1974.
d.
Sections 21263/21263.1 (Post-Retirement Survivor Allowance) for
local safety members only.
e.
Section 20500 (Public Agency and its employees have agreed to
share the cost of the following benefit: Section 21252.01 (2% @
50 Full formula).
From and after September 28, 1984 to July 1, 1985 the local
safety employees of Public Agency shall be assessed an additional
0.341% of their compensation - for a total contribution rate of
9.341% pursuant to Government Code Section 20500.
f.
Sections 21380 - 21387 (1959 Survivor Benefits) including Section
21382.4 (Third Level of 1959 Survivor Benefits).
g.
Section 20024.2 (One-Year Final Compensation).
Section 20021.1 ("Local Police Officer" shall include any officer
or employee of a pOlice department employed to perform
communication duties and who elected to become a local safety
member on August 25, 1973).
10. Public Agency, in accordance with Government Code Section 20740,
ceased to be an "employer" for purposes of Section 20759 effective on
October 8, 1976. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20759, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20759.
11. Public Agency shall contribute to said Retirement System the
contributions determined by actuarial valuations of prior and future
service liability with respect to local miscellaneous members and
local safety members of said Retirement System.
12. Public Agency shall also contribute to said Retirement System as
follows:
a. Public Agency shall contribute $2.50 per employee, per month on
account of the liability for the 1959 Survivor Benefits provided
under Section 21382.4 of said Retirement Law. (Subject to annual
change.) In addition, all assets and liabilities of Public
Agency and its employees shall be pooled in a single account,
based on term insurance rates, for survivors of all local
miscellaneous members and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one in-
stallment within 60 days of date of contract to cover the costs
of administering said System as it affects the employees of
Public Agency, not including the costs of special valuations or
of the periodic investigation and valuations required by law.
98-.5
* * * COP Y * * *
c. A reasonable amount, as fixed by the Board, payable in one in-
stallment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
13. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
14. Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within fifteen days
after the end of the period to which said contributions refer or as
may be prescribed by Board regulation. If more or less than the
correct amount of contributions is paid for any period, proper
adjustment shall be made in connection with subsequent remittances.
Adjustments on account of errors in contributions required of any
employee may be made by direct payments between the employee and the
Board.
B. This amendment shall be effe~ve on
~9_.
~
BOARD OF ADMINISTRATION ~
PUBLIC EMPLOYEES' RETIREM~YSTEM
the
day of
CITY COUNCIL
OF THE
CITY OF CHULA VISTA
.1.
~
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CHIEF, CONTRACT S
PUBLIC EMPLOYEES
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ICES DIVISION
ETIREMENT SYSTEM
BY
Presiding Officer
BY
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Witness Date
Attest:
,.
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Clerk
PERS-CON-702 (AMENDMENT)
(Rev. 3/91)
~ I!!J -I.,
COUNCIL AGENOA STATEMENT
ITEM q
MEETING DATE Julv 16. 1991
ITEM TITLE: RESOLUTION IIP~~) 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 MANAGER~ ~~\ (4/5th Vote: Yes_ NDl)
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.
Si x proposals were recei ved and evaluated by a Health Insurance Commi ttee
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
i ntervi ew by a se 1 ecti on commi ttee. Cri teri a used in eva 1 uat i ng the fi rms
included technical skills, knowledge, education and experience of the principals
and thei r support staff, oral and wri tten communi cati ons abi 1 ity and thei r
credi bi 1 ity. After careful consi derati on, the sel ecti on commi ttee' 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:\(A113)\BURNHAM.J
q-I
RESOLUTION NO. 11#2..33
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 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
MtJ
Candy Boshell, Director of
Personnel
Bruce M.
Attorney
90l0a
'l-Z-
\~ 4
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:
Recitals
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.
q-3
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G. Conducting data gathering activities with employees to ascertain
benefit needs, levels of satisfaction, benefit education needs and
the 1 i ke.
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
Agreemen t
with John Burnham & Company
l~
Page 2
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 30, 1992.
VI. Financial Interests of Consultant
Consultant warrants and represents that neither he, nor his immediate
Agreement with John Burnham &
Company
q~5
l~ S
Page 3
family members, not his employees or agents ("Consultant Associates")
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
~.(;,.
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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. Assignability
The services of Consultant are personal to the City, and Consultant
shall not assign any interest in this Agreement, and shall not transfer
any interest in the same (whether by assignment or novation), without
prior written consent of City which City may 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 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 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
Poge 5
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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 &
comPlif... ?
t!> ~
Page 6
Agreement with
John Burnham & Company
for Employee Benefit Consulting Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thi s 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
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Page 7
,
(
July 15, 1991
FROM:
SUBJECT:
Councilman Rindone
John D. Goss, City Manage~
Candy Boshell, Director of personnel~
Diana Levin, Risk Manage~
Use of a Consultant for Employee Benefit Programs
TO:
VIA:
In response to your question about the need to have a consultant to advise the
City on employee benefit programs, 1 offer the following explanation.
In 1986, faced with a 37% increase in health insurance premiums, the City Council
authorized staff to solicit consultant proposals for employee health insurance.
Since the benefits contained in the health plans are negotiable benefits, a
Health Insurance Committee, consisting of representatives from the various
bargaining units, was formed to make recommendations to the City Council. 1986
marked the start of the largest and most volatile insurance market upswing among
all the cities' insurance programs. Increasing claims costs coupled with medical
inflation forced the City to look at developing managed care programs to overlay
health insurance plans and therefore help contain costs. In four years, with the
help of consultants, the City has come from offering a Flexible Benefit Plan,
Long Term Oi sabil ity, Li fe Insurance, one health mai ntenance organi zati on
(Kaiser) and one fully insured health plan to offering the following:
1.
a. A state-of-the-art triple option health care plan consisting
of a Kaiser look-alike plan which utilizes the service
arrangement with Community Hospital;
Q. a managed care preferred provider organization; and
c. a catastrophic health care plan
2. Kaiser
3. Two voluntary dental plans
4. Two Flexible Spending Accounts
5. Li fe Insurance
6. Supplemental Life Insurance
7. Long Term Oisability
Our consultants have dealt successfully in the past with issues such as retiree
health insurance, the PERS health benefits program, bargaining unit requests to
reduce benefits or increase deductibles, federally mandated programs to perform
anti-discrimination testing, IRS regulations governing employee benefit programs
and legislation proposals by the state to require employers to provide certain
health care benefits.
In addition, cons.ultants know j,nsllraflce market conditions and can negotiate on
the City's behalf at renewal time. Consultants have also been extremely helpful
Councilman Rindone
-2-
July 15, 1991
in resolving employee complaints after City staff has exhausted all avenues of
recovery.
Employee benefits are probably the most complex of the City's insurance programs.
They demand a level of expertise that City staff does not possess. Larger public
agencies such as the County and City of San Diego use consultants for employee
benefits while maintaining whole departments or divisions solely dedicated to
employee benefit programs.
From a psychological standpoint, using an independent consultant for employee
benefit programs has virtually eliminated the belief among employees that the
City is trying to force a particular program on employees. A consultant,
instead, acts as a facilitator in bringing labor and management into agreement.
COUNCIL AGENDA STATEMENT
Item I ()
Meeting Date 7/16/91
Resolution J~l~~ Ratifying lease agreement between
City of Chu1a vista and Yvonne T. Quin for use of
commercial office space for the Castle Park/Otay
Library and authorizing the mayor to execute said
agreement.
SUBMITTED BY: Library Director~
REVIEWED BY: city Manager~\J-5~ (4/5ths Vote: Yes_No-1L)
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 annexed Montgomery area. The
Castle Park/Otay Library is located at 1592 Third Avenue, Chula
vista. The Library desires to continue operating the branch
library at this location and renew for one year a commercial lease
with Yvonne T. Quin for commercial office space at 1592 Third
Avenue in Chula vista.
ITEM TITLE:
BOARDS AND COMMISSIONS RECOMMENDATION: N/A
RECOMMENDATION:
Approve lease.
DISCUSSION:
The lease term shall commence on July 1, 1991 and expire on June
30, 1992. The office space is approximately 1,720 square feet
costing approximately $1.03 per square foot. The lessor agrees to
provide all major maintenance and repair and to pay for water and
trash removal. The lessor is responsible for property taxes. All
parties to the lease shall hold liability insurance. The City's
negotiated lease is for $1,769 per month, or $21,228 per year.
This renewal represents a 4.1% increase of $69 a month or $828 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 $21,240 for rental
of this facility. Therefore, there will be sufficient funds to
cover the negotiated lease of $21,228.
10 --I
RESOLUTION NO. /~')..5'i
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING LEASE AGREEMENT BETWEEN
CITY OF CHULA VISTA AND YVONNE T. QUIN FOR USE
OF COMMERCIAL OFFICE SPACE FOR THE CASTLE
PARK/OTAY 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
Resolution 13905 accepting responsibility as successor agency to
operate two San Diego County branch libraries in the annexed
Montgomery area; and
WHEREAS, the Castle park/Otay Library is located at 1592
Third Avenue and the Library desires to continue operating the
branch library at this location by renewing a one-year commercial
lease with Yvonne T. Quin for said space.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby ratify the lease agreement
between the City of Chula Vista and Yvonne T. Quin for use of
commercial office for the Castle park/Otay Library at 1592 Third
Avenue, a copy of which is on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
Rosemary Lane, Library
Director
9056a
"l
Presented by
1 \) -?-
LEASE AGREEMENT
This lease agreement, made and entered in this ~ day of June,
1991 by and between Yvonne T. Ouin 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: 1592 3rd. Avenue Ste. A&B
Chula vista California 91911, consisting of: approximatelv 1720
sauare feet of commercial space see diagram, 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 4 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: 431 3rd Ave. San Dieqo.
CA 92101 and addressed to the citv 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 $1.769.00 (One
Thousand Seven Hundred Sixty-nine 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: 431 3rd Ave. San Dieqo. CA 92101.
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= $1769.00 (1 + 0.50[B/C-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
preceding the commencement of the twenty-four month period for
10-,3
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I \.c /<::>:-.
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 City shall pay for all utilities that are
for the exclusive use of the City and for which separate meters
exist except water and sewer which shall be paid by the Lessor.
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 I 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 $1 million 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 in
a timely manner.
11. MAINTENANCE. The City shall provide all necessary
janitorial services and minor maintenance 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 th~ 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-
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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. OUIET 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
wi thout 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 constru~d 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-
10-5
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.
Dated: 7-g-'l/
Lessor: /Y. tJ IJn1/np
J
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I D-lo
Dated:
city of Chula vista:
,
COUNCIL AGENOA STATEMENT
Item /I
Meeting Date 7/16/91
ITEM TITLE: Reso 1 ut ion /I"t 55 Authori zing the Mayor to execute a
contract for a symphony concert and to enter into
indemnification agreements ./)
SUBMITTED BY: Director of Parks and Recreatio~~
REVIEWED BY: City Manager~~~ (4/5ths Vote: Yes___No-X-)
The City, in conjunction with the San Diego Unified Port District, is planning
to host the San Di ego Symphony Pops Orchestra for a concert at Mari na Vi ew
Park on Sunday, July 21, 1991.
RECOMMENDATION: That Counci 1 adopt the reso 1 ut i on authori zi ng the Mayor to
execute a contract with the San Diego Symphony and to enter into an
indemnification agreement with Rohr Industries for the use of their parking
facilities, and with the San Diego Unified Port District.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City is planning to host a Pops concert at Marina View Park on July 21,
1991. The San Di ego Symphony wi 11 perform on an outdoor stage located just
south of the convergence of "J" Street and Marina Parkway on the 1 arge grass
area of the park. There are two funding sources for this event. The San
Diego Unified Port District has budgeted $19,500 to defray the actual contract
cost of the symphony and an addit i ona 1 $11,070 was allocated in the City's
non-departmental budget to offset the costs of supplies and services,
including the fireworks finale. The program, entitled "Musical Stories"
i ncl udes mus i c the whole fami ly will enjoy, such as the Story of Babar, The
Little Elephant, The Sorcerers Apprentice from Disney's Fantasia, Rossini's
William Tell Overture, and Saint-Saens' Carnival of the Animals. Patrick
Flynn will conduct the orchestra, featuring pianists Mary Barranger and Rita
Borden. San Diego Fireworks will provide a fireworks display to accompany the
symphony's musical finale. The symphony has contracted directly with the
fireworks company and has included the fireworks display in their contract
with the City, so no contract is necessary between San Diego Fireworks and the
City.
Public parking will be available in the area, and free shuttle bus service
will be offered between the concert site and the "H" Street trolley stations.
Traffic and crowd control will be handled by regular duty police officers and
police reserve personnel. Promotion and advertising have been coordinated
through the City's Public Information office.
\ \ - \
Page 2, Item II
Meeting Date 7/16/91
The symphony will provide the stage, orchestra shell, and all sound and
lighting equipment necessary.
The performance of the Pops orchestra will greatly enrich the cultural and
artistic opportunities for Chula Vista residents, and the event will help to
enhance the City's image as a community that nurtures cultural programs.
FISCAL IMPACT: The amount of $11,070 has been allocated in the City's
non-departmental budget to offset the costs of suppl ies, services, and the
fireworks finale.
WPC 1682R
'\-'1-
RESOLUTION NO. 11.,~SS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR A SYMPHONY CONCERT AND TO ENTER
INTO INDEMNIFICATION AGREEMENTS
The City council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City, in conjunction with the San Diego
Unified Port District, is planning to host the San Diego Symphony
Pops Orchestra for a concert at Marina View Park on Sunday, July
21, 1991; and
WHEREAS, staff recommends that Council adopt the
resolution authorizing the Mayor to execute a contract with the
San Diego Symphony and to enter into an indemnification agreement
with Rohr Industries for the use of their parking facilities, and
with the San Diego Unified port District.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve and authorize the
Mayor to execute an Agreement between the San Diego Symphony
Orchestra Association and the City of Chula vista for a symphony
concert at Marina View Park on Sunday, July 21, 1991, a copy of
which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council approves
and authorizes the Mayor to execute an indemnification agreement
with Rohr Industries for the use of their parking facilities, and
a Tideland Activity Permit from the San Diego Unified Port
District, copies of which are on file in the office of the City
Clerk.
Presented by
Bruce M. Boogaard, C ty Attorney
Jess Valenzuela, Director of
Parks and Recreation
9058a
\\ _3/"-1
AGREEMENT BETWEEN THE SAN DIEGO SYMPHONY
ORCHESTRA ASSOCIATION AND THE CITY OF CHULA VISTA
THIS AGREEMENT between the San Diego Symphony Orchestra Association, a
not-for-profit corporation incorporated under the laws of the State of
California (herein called the "Symphony"), and:
City of (hula Vista
(herein called the "Presentor"), WITNESSETH:
1. ENGAGEMENT. In consideration of the mutual promises
the Symphony agrees to furni sh and the Presentor agrees to
of the San Di ego Symphony Orchestra for -one-
be given on:
herei n set forth,
hire the serv ices
concert (s) to
Dav of Week
Sunday
Date
July 21, 1991
Hour
7;30 P.M.
at:
Name of Facil itv
Address
Marina View Park
Chula Vista
Except as otherwise specifically agreed to in writing, the selection of the
program, any soloist, and other artistic personnel for each concert shall be
at the sole discretion of the Symphony, and the mere consent of the Symphony
to furnish particular music or other matter of persons (including the
conductor) shall not be deemed a waiver or relinquishment of this power.
2. PAYMENT. The Presentor shall pay to the Symphony the amount of:
S 22.000 (twentv-two thousand dollars)
A deposit of
S 2.200 (two thousand two hundred dollars) shall be required on execution
of contract, leaving a balance due of:
S 19.800 (nineteen thousand eiQht hundred dollars)
Payment for each concert shall be in 1 awful money of the Uni ted States by
certified check on or before the day of the concert. On failure to pay, the
total amount for all concerts shall then become due and owing. Time is of the
essence to the provisions of this paragraph.
\\ ~S
3. THE SYMPHONY SHALL PROVIDE:
SEE ADDENDUM A. PAGE 6 OF THIS CONTRACT
4. FACILITIES. The Presentor shall provide at its expense the above named
facility(ies) at the time(s) indicated.
When required by the Symphony, the Presentor shall furni sh, at its expense,
one or two properly tuned concert grand pianos, as requested.
All of the above shall be to the satisfaction of the Symphony, and shall also
be provided for any daytime rehearsals requested by the Symphony prior to and
for each concert.
The Presentor, at its expense, shall furnish for performances all ticket
sellers and takers, ushers, special police, attaches and other like personnel,
any licenses and permits required, tickets of admission and programs, postage
or express charges or printed matter, all other advertising costs, and shall
bear all other expenses in connection with the giving of the concert, to
include:
SEE ADDENDUM A. PAGE 6 OF THIS CONTRACT
The Presentor, at its expense, shall provide the Symphony for its library, Ten
(10) copies of the program for each concert.
5. COURTESY TICKETS. For each concert, the Presentor shall provide, upon
request, up to Ten (10) complimentary seats to the Symphony and at the
disposal of its management.
6. CREDITS, PROGRAM AND PUBLICITY. The Presentor agrees to display the name
of the Orchestra, the conductor and any other pri nci pa 1 sin all advert is i ng
and printed programs in such form as may be prescribed by the Symphony, and to
print and distribute house programs from copy furnished by the Symphony, said
copy to be printed in its entirety as furni shed. Advance proof of house
programs shall be furni shed the Symphony, not 1 ess than two weeks before the
concert date for the Symphony's approval of page format and credits. The
Presentor agrees to promote the concerts and to attempt to obtain an
attendance in a number that the facility at which the performance will be held
will reasonably accommodate.
II -lP
-2-
7. RESTRICTION. The Presentor agrees that no concert(s) is(are) to be
recorded, broadcast, televised or otherwise extended beyond the hall without
the prior written consent of the Symphony.
In the event that the Symphony wishes to have the concert(s) recorded,
broadcast, televised or otherwise extended beyond the facility, the Presentor
agrees to make the facility available for the installation, operation and
removal of all necessary equipment and facilities. All costs relative thereto
shall be borne by the Symphony. The Presentor sha 11 not recei ve any fee,
remuneration or compensation for any such extension of the concert(s).
8. NO DISCRIMINATION. The Presentor agrees that admission to and seating in
the hall shall be without regard to race, color, religion or national origin.
9. PROGRAM CHANGES. The Symphony shall have the right, exercisable solely
at its discretion, as represented by the judgment and decision of its Music
Director, Conductor or other authorized representative, to change the program
of any concert at any time and for any reason, regardl ess of any
advertisement, consent or promise of the Symphony, whether contained in
Paragraph One hereof or otherwise by removing from the program any music or
other matter to be presented and substituting therefor other music or matter,
and by removing any person, including the Conductor of the concert, persons or
group of persons, except the San Di ego Symphony Orchestra itself, and either
subst i tut ing therefor other person, persons or group of persons or none at
all, and the Symphony's performance of the program as so changed shall be
deemed full performance of its engagement and obligations, whether under
Paragraph One hereof or otherwise, for the concert which would have otherwise
been performed.
10. IMPOSSIBILITY OF PERFORMANCE. If the concert or concerts which are the
subject matter of thi s agreement are prevented from occurri ng for any reason
which is beyond the control of either of the part i es such as an act of God,
fi re, ill ness or phys i ca 1 di sabil i ty of a key performer, acts or regu1 at ions
of public authorities or labor unions, labor difficulties, lock-out, strike,
civil tumult, war, riot, power failure, air raid, or air raid alarm, act of a
publ ic enemy, interrupt i on or delay of transportat i on servi ce for mus i ci ans,
epidemic, ("Intervening Force"), the duties of the parties herein specified
including the duty of Symphony to perform and the duty of Presentor to pay
shall be suspended, each party to bear their own costs incurred in the
preparation of the concert to the time of the Intervening Force. Each of the
part i es shall agree to meet and confer for the purpose of reschedul i ng the
performance or performances herei n speci fied, and all reasonabl e effort wi 11
be made to reschedule the performance and to perform as herein specified.
11. EXCUSE FROM PERFORMANCE. The Symphony is not required to perform the
concert or concerts as herein specified if the area, material and facil ities
as herein, or as required in Addendum A to be provided by Presentor have not
been substantially provided.
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12. NOTICE. Any notice which is provided to be given under the terms of this
agreement must be in writing and may be gi ven personally or by regi stered
mail, directed to the Symphony at 1245 Seventh Avenue, San Diego, CA 92101,
and to the Presentor at its address as set forth below. Either party may, by
like notice, designate a different address for the serving of notices.
13. MODIFICATION. No modification or waiver of any of the terms of this
Agreement shall be valid unless in writing and executed with the same
formality as this Agreement. Failure of either party to insist in anyone or
more instances upon strict performance of any of the terms and provisions on
the other party's part to be performed, shall not be considered as a waiver or
rel inquishment of any such term or provision for the future, and the same
shall continue in full force and effect.
14. HOLD HARMLESS/INSURANCE
HOLD HARMLESS: Symphony agrees to indemnify and hold harmless the' City of
Chula Vista against and from any and all damages to property or injuries to or
death of any person or persons, including property and employees or agents of
the City, from any and all claims, demands, suits, actions or proceedings of
any kind or nature including worker's compensation claims, of or by anyone
whomsoever, in any way resulting from or ari sing out of the negl igent or
intentional acts, errors or omissions of the Symphony or any of its officers,
agents or employees.
Presentor agrees to indemnify and hold harmless the Symphony against and from
any and all damages to property or injuries to or death of any person or
persons, including property and employees or agents of the Symphony, from any
and all claims, demands, suits, actions or proceedings of any kind or nature
including worker's compensation claims, of or by anyone whomsoever, in any way
resulting from or arising out of the negligent or intentional acts, errors or
omissions of the Present or or any of its officers, agents or employees.
INSURANCE: Symphony shall, throughout the duration of this Agreement maintain
comprehensive general 1 iabil ity and property damage insurance covering all
operat ions hereunder of Symphony, its agents and employees i nc 1 ud i ng but not
1 imited to premises and automobile, with minimum coverage of Five Hundred
Thousand Dollars ($500,000.00) combined single limits. Evidence of such
coverage, in the form of a Certificate of Insurance shall be submitted to the
City Clerk at 276 Fourth Avenue. Said policy or policies shall provide thirty
(30) day wri tten not i ce to the City Cl erk of the City of Chula Vi sta of
cancellation or material change.
Presentor shall, throughout the duration of this Agreement maintain
comprehensive general 1 iabil ity and property damage insurance covering all
operations hereunder of Presentor, its agents and employees including but not
1 imi ted to premi ses and automobil e, wi th mi nimum coverage of Fi ve Hundred
Thousand Dollars ($500,000.00) combined single limits. Evidence of such
coverage, in the form of a Certificate of Insurance shall be submitted to the
San Diego Symphony at 1245 Seventh Avenue, San Diego. Said policy or policies
shall provide thirty (30) day written notice to the Symphony of cancellation
or material change.
-4-
1t~8'
IS. ASSIGNMENT. Each of the parties to this agreement are required to
perform personal services to the other party. Therefore, this agreement shall
not be assigned by either party to any other person, firm, association,
organization, or entity without the prior written consent of the other party,
which written consent may be withheld for any purpose whatsoever in the sole
discretion of the party whose consent is required.
16. CONSTRUCTION. Thi s Agreement shall be construed, governed, and
interpreted pursuant to the laws of the State of California, and is a
California Contract. This Agreement represents the full understanding between
the part ies, and nei ther party shall be bound by any terms or undertaki ngs
other than those contained therein.
IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR
BELOW WRITTEN.
PRESENTOR'S NAME:
CITY OF CHULA VISTA
BY:
THE SAN DIEGO SYMPHONY ORCHESTRA
ASSOCIATION
BY:
WESLEY O. BRUSTAD
Executive Director
TITLE
276 Fourth Avenue
Chula Vista. CA 92010
PRESENTOR'S AOORESS
DATED:
19_
19_
WPC 1683R
-5-
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ADDENDUM "A"
Addendum to Contract:
THE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION
Summer Pops Runout Program
Presentor agrees to provide the following for outdoor concerts:
1. At least four (4) properly suppl ied restrooms, 2 marked women and 2
marked men, for the exclusive use of the Orchestra members, as required by the
Symphony's Master Agreement. (Portable restrooms are acceptable. If portable
restrooms are provided, then handiwipes should be supplied in lieu of a sink.)
2. 150' x 70' smooth and level space adequate for set-up of concert shell.
3. 110/220 single phase electrical service with 100 amps per leg to be
located within 100 feet from stage/shell.
4. Additional sound needs, if required, are to be contracted from the sound
company designated by Symphony.
5. Backstage security consisting of two (2) personnel beginning one hour
prior to scheduled concert time and ending one-half hour after conclusion of
concert.
Symphony agrees to provide:
1. One (1) performance of approximately 90 minutes duration.
2. Pops Conductor and Program, to be determined by Symphony.
3. Equipment:
a. San Diego Symphony Orchestra Pops shell.
b. Music stands and seating for the Orchestra.
c. Overhead lighting for the Orchestra.
d. San Diego Symphony Orchestra sound system for facil ities with a
seating capacity of up to 3,500.
e. Stage platform.
4. Production crew to set up Orchestra equipment.
5. Fireworks display to conclude the program.
ACCEPTED BY:
City of Chula Vista
LOCAL PRESENTING ORGANIZATION SIGNATURE
DATE 19_
TITLE
WPC 1683R
-6-
\\ -ID
DlDEMNIFlCATION AGREEMENT
The City of Chula Vista agrees to indemnify and hold harmless Rohr Industries
from any liability arising from its use of property at the parking lot,
leased by Rohr Industries, located at Tidelands Avenue and "G" Street, in
order to allow for the July 21, 1991 Symphony Pops Concert. The City of
Chula Vista also agrees to defend Rohr Industries in any litigation arising
from this activity.
Date:
Tim Nader
Mayor of the City of Chula Vista
\ \ ,1\
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10.
DATE
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND ACTIVITY PERMIT
PERMITTEE:
CITY OF CHULA VISTA
USE OR ACTIVITY: Symphony Pops Concert
LOCATION FOR WHICH PERMIT ISSUED: Marina View Park
EFFECTIVE DATES (No ~ore than ~O days):
July 21, 1991
SECURITY DEPOSIT: $ -0-
THIS PERMIT FOR TIDELAND USE IS ISSUED SUBJECT TO THE FOLLOWING
TERMS AND CONDITIONS:
1. Permittee shall comply with all apo1icab1e laws, rules
and regulations of the District and other governmental entities.
2. Permittee shall keep the prooerty and all equipment used
in connection with this permit in a clean, safe and sanitary manner
and in good reoair at all times. Allor any portion of the security
deposit shall be available unconditionally to the District for the
purpose of cleaning or repairing damages to the property upon ter-
.fnation of this permit.
3. This permit may be cancelled by either party by the giving
of twenty-four (24) hours notice in writing to the other party.
Such cancellation shall be without liability of any nature.
4. .This permit shall not be transferred Or assigned.
5. Permittee shall defend, indemnify, and ho1~ harmless
District, its officers and emOloyees agai~st all causes of action,
for Judicial relief of any kind, for damage to property of any kind
whatsoever,. and to whomever belonging, including Permittee, or in-
Jury to Or death of any person or persons, including employees of
Permittee, resultin~ directly or indirectly from activities in c~n-
nection with the issuance and performance of this permit or ariSIng
from the use of the property, facilities Or Services of District,
its Officers Or employees~
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5. Pe~fttee shall maintain comprehensive pUblic liability
(coverfn9 operatfons, prOducts and completed operations) and blanket
contractual coverage fnsurance throughout the term of this permit.
The polfcies shall, as a minimum, provide the following forms of
coverage: $1 million combined single limit
(A) Personal Injury and. Bodily Injury:
One Person S
One Occurrence S
(8) Property Damage S
Certfffcates of such fnsurance, in a form satisfactory to the District.
shall be filed wfth Distrfct's Community and Sovernment Affairs De-
partment. Insurance certificates filed pursuant to this permit shall
contain a non-cancellation-without-notice clause and shall provide
that copies of cancellation notices shall be sent to the District.
7. The rfghts and privileges extended by this permit are non-
exclushe.
8. Permittee shall not engage in any activity on property of
the District other than the activity for which this permit is e~pressly
fssueo.
9. Permittee shall be subject to and comply with any speCial
~onditions attached hereto.
10. Permittee shall comoly with all reauirements and directives
of the Port Directo~ of District. .
11. In the event of failure of Permittee to comply with any
provision of this permit, this permit may, at the discretion of the
Port Director, be terminated immediately.
SAN DIEGO UNIFIED PORT DISTRICT
By
Permittee hereby accepts this permit and agrees to comply with all the
terms and conditfons thereof.
APPROVED as to form:
JOSEPH D. PATELLD
Port Attorney
Per~ttee's signature
Address: Citvof Chula Vista
276 Fourth Ave
Chula Vista. CA
\\- \3
COUNCIL AGENDA STATEMENT
Item I :z.
Meeting Date 7-16-91
SUBMITTED BY:
Resolution 11.2.51.- Authorizing a change order to the 90/91 Pavement
Overlay Contract and transferring funds from the 91/92 Pavement Overlay
Project.
Director of Public Work~rf/'
City Manager jl"\ ~~
~ /-'"
ITEM TITLE:
REVIEWED BY:
(4/5ths Vote: YesXNo_)
Sweetwater Authority is completing a water main replacement project in "E" Street between
Second Avenue and Fifth Avenue. Since "E" Street between First Avenue and Fifth Avenue
also requires pavement maintenance work, Sweetwater Authority and City staffs are proposing
a joint overlay project. City staff proposes adding the work to the existing overlay project
contract with Sim J. Harris Co. as a change order. Sweetwater Authority will pay their share
at approximately $28,500. The City needs to transfer the additional funds required.
RECOMMENDATION: That the Council approve the resolution.
BOARDS AND COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION:
Sweetwater Authority is completing a water main replacement project in "E" Street from Second
Avenue to Fifth Avenue which requires a considerable amount of re-paving work to be done.
The City's pavement management program recommends that "E" Street from First Avenue to
Second Avenue should be resurfaced in 1995-96 and from Fourth Avenue to Fifth Avenue in
1991-92. It also recommends that the remaining portions be chip sealed during the next five
years. Because of the extensive paving work required by the Sweetwater project and the
maintenance work already scheduled by the City, staff is recommending that we take advantage
of the situation and accelerate the overlay schedule to take advantage of the outside funding.
Even though this is pushing the pavement management up by one to four years, the timing of
Sweetwater's work suggests that the work should be done now in order to "do it right."
Specifically, Public Works recommends that the City add an overlay on "E" Street between First
Avenue and Fifth Avenue to the City's 90/91 Pavement Overlay Contract and that Sweetwater
Authority will pay their share.
1'-- ,
Page 2, Item
Meeting Date 7-16-91
Attached are letters from Sweetwater Authority dated July 1, 1991 and July 10, 1991. The
Sweetwater Authority Governing Board authorized their staff to apply the costs of liquidated
damages from their water main replacement contract plus the amount of the paving deduct and
an additional amount not to exceed $10,000 towards the installation of a I" AC Overlay in "E"
Street from Second to Fifth Avenue. The estimated total is $28,500. The City will pay for the
entire overlay between First Avenue and Second Avenue. Sweetwater Authority and the City
will split the cost of the overlay between Second Avenue and Fifth Avenue. The amount of
Sweetwater Authority's contribution to this project is beyond that which would be required under
normal policy.
Based on the existing pavement overlay contract with Sim J. Harris Co., the change order would
be approximately $100,000 total. Since Sweetwater Authority will pay approximately $30,000,
the City of Chula Vista is required to come up with $70,000. The exact amount of Sweetwater's
contribution will be determined when the total amount of liquidated damages are known. Once
approval is obtained, the Director of Public Works will enter into a change order with Sim J.
Harris, Co. to overlay "E" Street.
FISCAL IMPACT:
The additional cost to the City for this pavement overlay work is $70,000. Funds are available
in the 91/92 Pavement Overlay Project in account #250-2501-ST521. The $70,000 should be
transferred to Project # ST515.
CS:SB:AX-12l
A-l13S/PA VEMENT
1~-2.
RESOLUTION NO.
If.<,,-..<:,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING A CHANGE ORDER TO THE
90/91 PAVEMENT OVERLAY CONTRACT AND CHARGING
SAME TO THE 91/92 PAVEMENT OVERLAY PROJECT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Sweetwater Authority is completing a water main
replacement project in "E" Street between Second Avenue and Fifth
Avenue; and
WHEREAS, since "E" Street between First Avenue and Fifth
Avenue also requires pavement maintenance work, Sweetwater
Authority and City staffs have proposed a joint overlay project;
and
WHEREAS, City staff proposes adding the work to the
existing overlay project contract with Sim J. Harris as a change
order; and
WHEREAS, Sweetwater
approximately $28,500 and
additional funds required.
Authority will
the. Ci ty needs
pay their share
to transfer
at
the
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby authorize a change order to
the 90/91 Pavement Overlay Contract.
BE IT FURTHER RESOLVED that the sum of $70,000 shall be
charged to Project ST5l5.
Presented by
John P. Lippitt, Director of
Public Works
905la
12 -;J
COUNCIL AGENDA STATEMENT
REVIEWED BY:
Item 13
Meeting Date 7/16/91
Resolution ) I,,,~; approving Encroachment Permit No. PE-233 for
retaining wall at 119 First Ave:~~ /
Director of PUb.liC W. ork~ (r
City Manager-.Jl1 ~y~ (4/5 Vote: Yes_No...x1
The owner of 119 First Avenue is installing a retaining wall and sidewalk adjacent to his
frontage. This work is being accomplished in conjunction with a City Block Act project. The
retaining wall is within public right-of-way and is over five feet in height, requiring an
encroachment permit to be approved by Council.
ITEM TITLE:
SUBMITTED BY:
RECOMMENDATION: That Council adopt the subject resolution, authorize the City Engineer
to issue the permit and direct the City Clerk to record the documents.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
The City is in the process of constructing street improvements at various locations around the
city under its 1911 Block Act, Phase XIX - XXII. One of the areas includes the frontage of 119
First Avenue (on the northeast corner of First Avenue and Flower Street). The owner is
constructing the sidewalk and the retaining wall at his cost, as required by a previous deferral.
The property has a lien recorded against it to pay for this work. Once completed, the owner
will request release of the lien.
Due to the existing topography, the owner must build and maintain a retaining wall to provide
space for the construction of curb, gutter and sidewalk. Due to the proximity of the house to
the project limits (see Exhibit "A"), the location for the wall has been set at 2'12 feet behind the
proposed sidewalk, putting it one to three feet into the City's right-of-way.
The wall will reach a height of eight feet at its maximum. The City Engineer cannot
administratively approve an encroachment permit for any retaining wall exceeding five feet in
height. According to ~ 12.28.020 of the Municipal Code, the City Council must authorize all
encroachments not delegated to the City Engineer (see Code ~12.28.030). The encroachment
permit normally has a clause which requires, upon 30 days notification, the permittee to remove
the encroachment and pay all costs associated with the removal. This clause has been replaced
with a provision allowing the City to remove the wall at City costs, should the removal be
necessary for a future widening project. Should the removal be necessary, the City would have
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Page 2, Item I ~
Meeting Date 7/16/91
to provide improvements to protect the use of the property. The wall is being placed at the
location requested as an overall design feature of the City project. Consequently, the staff has
agreed to present Council with the alternate clause for approval.
It is our intent that the owner shall obtain a construction permit prior to his constructing the
wall. The wall will be built in accordance with Building and Housing Standard Drawing No.
B-429 and inspection done along with the Block Act work.
The permit request has been reviewed by the Planning Department. Planning staff has placed
a condition that 10% of the masonry block be split-face block, placed randomly in the wall to
break the monotonous tone of a plain block wall.
The encroachment permit contains a maintenance clause relieving the City of all responsibility
for maintenance of the wall. It also contains conditions regarding anti-graffiti wherein the
permittee shall: a) apply anti-graffiti material of a type and nature that is acceptable to the
Director of Public Works; b) immediately remove graffiti when discovered; c) grant the City
permission to remove graffiti, if it becomes necessary and; d) if wall is painted, grant the City
permission to paint and also furnish matching paint to the City. The permit also includes a
clause which holds the City harmless for any damage or personal injury which may occur as a
result of the wall being constructed in our right-of-way.
In connection with the condition to apply an anti-graffiti material, staff is working on a general
policy on this subject. The policy will apply to permits and City projects. We will be returning
with this policy at a later date.
The encroachment permit is to be filed with the County Recorder and, as such, run with the
land. Subsequent owners of the property should be aware that any maintenance of the wall is
their sole responsibility.
FISCAL IMPACT: None.
PE-233
JH
(C:\ WP51 \PE\PE-233. A 13)
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RESOLUTION NO.J li>t C;""L
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING ENCROACHMENT PERMIT NO.
PE-233 FOR RETAINING WALL AT 119 FIRST AVENUE
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, the owner of 119 First
retaining wall and sidewalk adjacent
conjunction with a City Block Act project;
Avenue is
to his
and
installing a
frontage in
WHEREAS, the retaining wall is within public
right-of-way and is over five feet in height, requiring an
encroachment permit to be approved by Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve Encroachment Permit
No. PE-233 for retaining wall at 119 First Avenue as set forth in
Exhibit "A" attached hereto and incorporated herein by reference
as if set forth in full.
Presented by
d as
A
John P. Lippitt, Director of
Public Works
9052a
Bruce M.
\~-31'3..t
(
Recording requested by and
please return to:
Public Works Department
Engineering Division Permits
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
ti;:Hr~vm!z.ti%llit$;W~~;:~l~~~t:1m!~;!;!t~
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(This spa~ for Recorder's use. only)
..........., :::::;::t~~::tilinit!{r: ...:::::::::::.:.:::'tf@~::~:Wfmi:tM~:t:H@H@mMMW~;:::tM@m:it:j~mnMn:~mt@n::?::::::t:::::::::::
*
AUTIlORIZATION FOR ENCROACHMENT IN CITY RIGHT OF WAY
PERMIT NO. PE-233
Application Fee: $..HLA....
Receipt No: ..HLA....
Inspection Fee: $ N/A
Receipt No.: ..HLA....
Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted
by the City of Chula Vista (hereinafter .CITY") to: John and Zuladawn NOI'1!:ard (hereinafter
.PERMITTEE") to do work within a portion of right of way belonging to the City of Chula
Vista.
All terms and conditions of this permit as to the PERMITTEE shall be a burden upon
permittee's land and shall run with the land. All conditions apply to PERMITTEE and all
his/her/their heirs, assigns, successors or transferees.
Whereas, the PERMITTEE has requested the permission from CITY to encroach on CITY's
right of way adjacent to and for the direct benefit of the following described property:
Address: 119 First Avenue A.P.N.: 566-330-42
Legal Description: That portion of Lot 62 of Rosebank Subdivision, in the City of Chula Vista,
County of San Diego, State of California, according to Map thereof No. 1304, filed in the office
of the Recorder of said San Diego County, January 18, 1911, lying easterly of a line described
as follows:
,
Commencing at the northeasterly comer of said Rosebank Subdivision; thence along the
northerly line of said subdivision S 11 0 12' 00. W, 57.14 feet to the northeasterly comer ofland
described in the deed to the City of Chula Vista for street purposes, recorded November 4, 1927
in Book 1423, Page 9 of Deeds; thence along the easterly boundary of said land
S 070 51' 00" W, 65.81 feet to the northerly terminus of a tangent 5oo.oo-foot radius curve,
concave easterly; thence southerly along the arc of said curve through a central angle ofr
1~-5
Page 1
~"..,-
.~.~. -'
(
190 00' 00" a distance of 165.81 feet to the beginning ofa compound, l00.OD-foot radius curve;
thence southeasterly along the arc of said curve through a central angle of 570 30' 00. a distance
of 100.36 feet; thence tangent to said curve S 680 39' 00. E, 90.54 feet (Record 92.35 feet) to
the boundary of said Lot 62. .
EXCEPTING THEREFROM that portion lying northerly and easterly of the following-described
boundary line:
Commencing at the southerly terminus of that certain tangent, lOD-foot radius curve in the
boundary of the land first hereinabove described shown as having a central angle of 190 00' 00.
and a distance of 165.81 feet, said..southerly terminus also being the northerly terminus of a
compound, l00-foot radius curve; thence southeasterly along the arc of said curve through a
central angle of 190 24' 14" a distatlce of 33.87 feet to the TRUE POINT OF BEGINNING of
the herein described line; thence N 73021' 34" E, 81.90 feet; thence S 560 31' 10. E, 39.48
feet to the intersection of the westerly line of the easterly 2.00 feet of said Lot 62; thence
S 180 34' 24" W along the westerly line of the easterly 2.00 feet of said Lot 62,73.03 feet to
the southeasterly boundary of said Lot 62.
Pennission is hereby granted to do the following work: Construct and maintain a masonry
retaining wall as shown on Chula Vista Drawing No. 91-142.
Now, therefore, in consideration of their mutual promises, and other good and valuable
consideration, the parties hereto agree as follows:
Permission is hereby granted PERMITIEE to install the above-mentioned encroachment on
the real property of CITY described above in accordance with the following conditions:
1. The encroachment shall be installed and maintained in a safe and sanitary manner as
determined by CITY.
2. Said installation shall, in no way interfere with any existing utility, including but not
limited to storm drain lines owned and maintained by CITY. Any changes of or to any
.. utility due to the installation by PERMITIEE of private facilities shall be at the sole
expense of PERMITIEE.
3. Maintenance, removal or relocation of the abovementioned installation of the private
facilities shall be the sole responsibility of PERMITIEE, andlor PERMITIEE's lessee,
should there be any, at no expense to CITY.
,
4. Said installation shall conform to all standards and specifIcations as stated in the Chula
Vista Municipal Code, including, but not limited to:
A. A Construction Permit is to be acquired by the owner or his contractor from the
Department of Public Works, Engineering Division, prior to beginning work on
the wall.
B. The Wall is not to exceed eight (8) feet in height.
I~-~
Page 2
C.
In accordance with the requirements set by the Planning Department, the masonry
material used in construction of the wall shall contain 10 % split-face masonry
block placed randomly throughout.
(
D. PERMITIEE shall apply an anti-graffiti material of a type and nature that is
acceptable to the Director of Public Works)
E. In the event that graffiti is found on the wall:
1) PERMfITEE is responsible for its immediate removal;
2) CITY retains 'the right to remove it or to paint the wall;
3) PERMITTEE" may be required to provide CITY with sufficient matching
paint on demand for use in the re-painting of the wall.
CITY reserves the right to remove or relocate the wall at its cost, should it be necessary for a
widening the street or similar project in the future.
PERMITIEE hereby agrees to and shall defend CITY, its elective and appointive boards,
officers, agents and employees against any claim, and in any suit or proceeding, at law or in
equity, for damages caused, or alleged to have been caused, by actions taken or alleged to have
been taken under this permit by PERMITIEE directly or by his/her/their agent(s), contractor(s),
or agents or employees of same. PERMITIEE further agrees to and shall indemnify and hold
harmless CITY, its elective and appointive boards, officers, agents and employees, as
. indemnitees, for any claim, suit or proceeding submitted, brought or instituted against CITY as
a result of actions taken, or alleged to have been taken, under this permit, including, but not
limited to, any asserted liability for loss of or damage to property or for personal injury,
including death.
The undersigned PERMI.TIEE hereby accepts the foregoing encroachment permit upon
the terms and conditions stated herein and agrees to comply with all stated terms and conditions
and with all applicable laws, including any applicable provision of the Chula Vista Municipal
Code. It is further agreed that if any part of PERMITIEE's encroachment or
PERMITTEE's rights under this encroachment permit should interfere with the future use of the
CITY's right of way by the general public, it must be removed or relocated at PERMITTEE's .
expense and such right shall be terminated as and when indicated by CITY.
In the event of a dispute arising as to the terms or interpretation of this permit, the City
Engineer shall resolve said dispute in his sole and unfettered discretion, reasonably applied.
(End of page. Next page is signature page.)
Page 3
1.3-1
.
(
SIGNATURE PAGE TO
AUTHORIZATION FOR ENCROACHMENT
INTO CITY RIGHT OF WAY
CITY OF CHULA VISTA
PERMIT APPROVED BY:
Date:
Clifford L. Swanson, Deputy PubliC Works Directorl
City Engineer
ATTEST:
APPROVED AS TO FORM:
Beverly A. Authelet, City Clerk
Bruce Boogaard, City Attorney
PROPERTY OWNER(S):
Date:
Date:
(Applicant: Attach notary acknowledgment.)
NOTES: 1. Each owner as reflected on the preliminary title report must sign.,
2. Permittee is to submit a check or money order payable to County of San Diego
in the amount of $ /5 eR for recordation of this permit.
13-~
Page 4
.
(
\
DRAWN BY
__.J..:..~~G.____
DATE 7 _ 8-91
----------
EXHIBIT
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FILE NO, PE.2~~
TIT L E
ENCROACHMENT PERMIT FOR WALL AT
1/9 FIRST AVENUE
COUNCIL AGENDA STATEMENT
Item~
REVIEWED BY:
Meeting Date 7/16/91
Reso 1 ut i on 1'- 'J..S ~ Appropri at i ng funds and di rect i ng staff
to enter into an agreement with the property owners of parcel
618-152-16 (1070-1072 Fifth Avenue) for drainage improvements
adjacent to the Fifth Avenue Street improvement project from
"L" Street to Naples Street. ..J
Director of Public Work~~
City Managel<~ ~~. (4/5ths Vote: Yes...LNo_>
ITEM TITLE:
SUBMITTED BY:
During the early stages of construction for the Fifth Avenue Improvement
Project between "L" Street and Naples Street, the property owners of 1070-1072
Fifth Avenue [John and Jenni e Ri ndone] requested that the drainage channel
located on thei r property be improved in conjunct i on wi th the Fifth Avenue
Street improvements. The new drainage facilities constructed with the Fifth
Avenue project will discharge water in the same manner as in the past which is
upon the driveway of 1070-1072 Fifth Avenue and heading westerly into two 42"
corrugated metal pi pes. The property owners are request i ng that the City
participate in constructing a new channel.
RECOMMENDATION: That Council:
1. Appropriate funds in the amount of $37,000 from the unappropriated
balance of the Residential Construction Tax fund.
2. Direct staff to return to Council with an agreement which would
provide for the property owners participation in the cost of
drainage improvements across 1070-1072 Fifth Avenue.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The property located at 1070-1072 Fifth Avenue has a concrete drainage channel
runni ng through the property whi ch is also used as the dri veway and parki ng
lot for this duplex. As a consequence, during heavy rains, flooding occurs in
the driveway, occasionally up to the level of the foundation of the
buildings. This drainage system was constructed when the duplex units were
built under the jurisdiction of the County.
At this time the property owners are requesting, in accordance with the City's
drainage policy for lateral channels, that the City participate in improving
the drainage facility across their driveway. City drainage policy for lateral
channels states that the City may participate in up to 50% of improvements for
1 atera 1 channels. Thi s proposed drainage improvement woul d consist of a
rectangular concrete channel connecting to the City's existing facilities at
Fifth Avenue and extending westerly to the existing corrugated metal pipes.
Staff estimates that the approximate construction costs will be $50,000. The
I~ -I
Page 2, Item I L(
Meeting Date-r7I679l
Rindone's have agreed to pay one-half of the construction cost of the project
not to exceed $25,000. The owners are also will i ng to grant the City an
easement which will contain the proposed drainage facilities. Both the
Rindone's and the City have met with the adjacent property owner to discuss a
three-way cost sharing to the project. While the adjacent property also
floods when it rains, the owner was quite firm that they could not afford to
participate in the project. None of the existing or proposed channel is
located on the adjacent property.
Staff estimates that the total cost of the project will be approximately
$62,000, $12,000 of which will be for staff costs. The property owners have
agreed to pay one-half of the construction costs and propose that the City pay
all staff costs for design and inspection. Under the proposed agreement, if
the actual construction costs come in above $50,000, neither party is
committed to proceed. Both the City and the Rindone's contribution for the
construction contract is limited to $25,000 each. If the contract costs come
in higher, we would only award it if both parties agreed to pay more.
The proposed drainage improvements would serve two purposes:
1. to prevent small children from being swept into the open pipes
westerly from the driveway area during a major storm, and
2. to help provide flood protection.
Attached are correspondence between the Ri ndone' s (or thei r representat i ve)
and the Ci ty. The 1 atest correspondence dated June 11, 1991, from thei r
attorney, Mr. Cliff Reed, outlines several conditions in which they suggest
the City would try and assist the property owners. Staff has researched these
items and feels at this time that since the adjacent owner has clearly
indicated he does not wish to participate, they are not applicable. While
staff will continue to cooperate with the Rindone's efforts to obtain
financial participation from the neighbor, we do not totally understand what
Mr. Reed's defi nit i on of cooperat i on woul d i nvo 1 ve. We woul d not recommend
that the Ci ty take any action to force part i ci pat i on such as an assessment
di strict.
FISCAL IMPACT: The project will requi re the appropri at i on of funds in the
amount of $37,000 from the unappropri ated balance of the Res i dent i a 1
Construction Tax fund.
DD/mad:AO-076
WPC 5686E
)14,2-
RESOLUT ION NO. II, 7..5 i
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS AND DIRECTING
STAFF TO ENTER INTO AN AGREEMENT WITH THE
PROPERTY OWNERS OF PARCEL 618-152-16
(1070-1072 FIFTH AVENUE) FOR DRAINAGE
IMPROVEMENTS ADJACENT TO THE FIFTH AVENUE
STREET IMPROVEMENT PROJECT FROM "L" STREET TO
NAPLES STREET
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, during the early stages of construction for the
Fifth Avenue Improvement project between "L" Street and Naples
street, the property owners of 1070-1072 Fifth Avenue [John and
Jennie Rindone] requested that the drainage channel located at on
their property be improved in conjunction with the Fifth Avenue
Street improvements; and
WHEREAS, the new drainage facilities constructed with
the Fifth Avenue project will discharge water in the same manner
as in the past which is upon the driveway of 1070-1072 Fifth
Avenue and heading westerly into two 42" corrugated metal pipes;
and
WHEREAS, at this time the property owners are
requesting, in accordance with the City's drainage policy for
lateral channels, that the City participate in improving the
drainage facility across their driveway; and
WHEREAS, the City drainage policy for lateral channels
states that the City may participate in up to 50% of improvements
for lateral channels; and
WHEREAS, the proposed drainage improvement would consist
of a rectangular concrete channel connecting to the City's
existing facilities at Fifth Avenue and extending westerly to the
existing corrugated metal pipes with an estimated construction
cost of $50,000; and
WHEREAS, the Rindone' s have agreed to pay one-half of
the construction cost of the project not to exceed $25,000 and
are also willing to grant the City an easement which will contain
the proposed drainage facilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby direct staff to return to
Council with an agreement which would provide for the property
owners' participation in the costs of drainage improvements
across 1070-1072 Fifth Avenue.
14-~
-1-
BE
appropriate
Residential
Presented by
IT FURTHER RESOLVED that the City Council does hereby
$37,000 from the unappropriated balance of the
Construction Tax Fund.
John P. Lippitt, Director of
Public works
9049a
/4 -Lf -2-
as
~
, Clty Attorney
.
CLIFTON E. REED
Atlornt")' at I~w
357 ThIJ"d Avenue
Chula Vista. CA 92010
16J91426-4362
June 11, 1991
Mayor and City council
CITY OF CHULA VISTA
276 Fourth ; .venue
Chula vista CA 91910
Subj: STORM DRAIN IMPROVEMENTS - ASSESSOR' S PARCEL NO. 618-152-16
Dear ~ayor and council:
After much discussion between City officials and my clients,
Jenni~ and John Rindone, my c~ients are willing to give the City
the eusement across their property th~ city requires to complete
the Fifth Avenue Street Improvement project. My clients agreement
is conditioned upon Council approval of a staff proposal as
follows.
The city will design and construct a drainage facility across
the Rindone property substantially in accordance with diagram "B"
in the attached Exhibit 1. The Rindones will pay one-half of the
construction costs of that project not to exceed $25,000.00. If
the construction bid proposed to be accepted exceeds $50,000.00,
the bid shall not be awarded without further approval by the City
and the Rindones.
The easement agreement will contain appropriate hold harmless
provisions relating to the construction and use of the public
facility. The ciey staff will continue to cooperate with my
clients' effort to obtain reimbursement from a neighbor benefitting
from the project but the City is not required to establish an
assessment or benefit district as a part of this cooperation. City
staff shall also cooperate with the Rindones in attempting to
locate financing sources which may be less costly than commercial
loans available to the Rindones. This cooperation does not mean,
however, that the city is obligated to locate or provide such
financing and locating such financing is not a condition to the
Rindones obligations to finance their share of the project.
'~"Y ;/
Clifton E. Reed
CER:DNS
061191-1
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March 15, 1991
. C(0)fP'f
Mr. Cliff Swanson
Engineering Department
City of Chula Vista
276 Fourth Avenue
Chula vista, CA 92010
RE: OPEN DRAINAGE DITCH ACROSS DRIVEWAY OF 1070-72 FIFTH AVENUE
We, as property owners adjacent to the drainage ditch crossing
1070-72 Fifth AvenuH, Chula Vista, are concerned about the health
and safety standard~ if the existing flood/drainage ditch is not
improved while improvements are being made in the un.ierground
drainage system on Fifth Avenue, and the open box for the
drainage pipe at this address. When we have a rainy season, the
water flows very rapidly from the large open drainage pipes
(scheduled to be replaced with new pipes) at Fifth Avenue to the
other set of open large drainage pipes in back of 1070-72 Fifth
Avenue. The force of the water is such that it carries grocery
carts and debris along its path. The water level approaches the
doorsteps of 1070-72 Fifth Avenue, and floods the backyards of
1076-1078 Fifth Avenue. During periods of heavy rain, the
potential of flooding exists for 1076-78 Fifth Avenue as this
property is lower than 1070-72 Fifth Avenue. We feel this is a
safety hazard for children as the pipe openings are large enough
to permit entry, and a health hazard should chemicals enter into
the drainage system, as well as a flood hazard.
Upon the annexation of the Montgomery area, we believed that the
City of Chula vista would aSSUJlle all the costs of improvement and
reconstruction at the time of eventual reconstruction. However,
the city staff has declined to make this recommendation in the
case of the above identified problem. We disagree with staff's
recommendation.
Please note: Policy #522-,01 page 2, #3. policv for Financinq
Various Cateqories of Drainaqe Pro;ects, a. Flood Control
Pro;ects. "The Federal government usually pays for all costs
except right-Of-way, relocation and reconstruction of utilities.
These latter costs are paid by the city with reimbursement by the
State of California, Department of Water Resources." We consider
this drainage system to be a utility (i.e. something useful to
the public), and this project is considered to be a
reconstruction of existing poor facilities.
Jl.I -1
CC(Q)~V
According to staff, the city could not pay for correcting this
problem they inherited from the Co~nty when annexing this area,
as it only involves the two addresses listed. Apparently, city
Council Policy #3 "policv for Financina various Cateaories of
Drainaae proiects" item (a) Flood Control proiects previously
quoted is deemed by the City to pertain to larger areas of
flooding.
Therefore, if agreement cannot be reached between the city
Engineering staff and the owners o~ the property in question, we
request that this _tter be presen.:ed to the city council for
resolution at the next session, &cch 26.
If we, the property owners, agree to partially pay for the
construction of the flood/drainage facility, can the following
terms of understanding and agreement be assured:
1. Re: Policy #522-01 Drainaae - storm, page 2, b. Lateral
Channels. "The responsibility for the cost of design and
construction of lateral channels and structures may be shared
equally by the City and prop(rty owners involved." The City
staff informed us this was considered a lateral channel. In our
opinion, the City Policy states that the city could pay 50% of
the construction cost, however, your staff has a different
interpretation of the policy. As we understand your staff's
interpretation, if both property owners agree to share the cost,
each party will pay one-third. However, if only one of the
property owners will participate, the City could pay 50% in order
to correct this problem. Provided the City deems there would be
no way this part of the flood/drainage reconstruction could be
totally included in the City'S expenditures for current
reconstruction of the Fifth Avenue drainage problems, we believe
the city should pay one-half the total cost of correcting this
existing flood/drainage problem to connect the underground
drainage system from Fifth Avenue to the pipes behind 1070 Fifth
Avenue, and the ~wners of the adjacent property (1070-72 and
1076-78 Fifth Avenue) which are affected by this flood potential
divide the other half of the cost between them.
2. If the property owners are required to pay a portion of the
costs to correct this flood/drainage problem, then we believe
that a twenty-year repayment schedule (special tax assessment
district) is appropriate because the approximate total cost
ranges between $43,000 and $50,000. The city staff informs us
that a ten year repayment period is maximum. Is there any
flexibility in your policy by staff or is the City Council
required to make the final decision?
3. As we understand the possible solutions, there are two
alternatives to solving this problem. One is an open rectangular
drainage ditch with a chainlink fence. The other alternative
involves the use of prefabricated pipes which would continue
enclosing the drainage system to the pipes at the back of the
/4 ~<(
.
t(Q)~Y
property. There are approximately 150 feet of open spillway
across 1070-72 Fifth Avenue located next to the property line of
this property and 1076-78 Fifth Avenue. If we are required to
pay for a portion of the costs to correct this flood/drainage
problem, we would like to be permitted to rave input into which
system is used after the definite costs are ascertained.
We would appreciate the City staff response prior to the deadline
for sUbmitting items for the March 26 Council Agenda. We are
hoping to reach an agreement regarding this flood/drainage
problem with City staff. However, should cgreement not be
reached before the deadline for submitting items to the Council
Agenda, we would like the opportunity to present our problem to
them for their input toward a solution on the March 26 meeting.
Decisions need to be made so that construction can progress
within the time schedule currently established for this project.
Sincerely,
John and Jennie Rindone
cc: Mr. John GOSS, city Manager
Mr. Dennis Davies, Associate Civil Engineer
II./. - ~
CC(Q)~)f
September 20, 1990
Mr. John Goss
city Manager
City of Chula vista
276 Fourth Avenue
Chula Vista, CA 92010
FILE:
IMPROVEMENT OF FIFTH AVENUE BETWEEN "L"
STREET AND NAPLES STREET
,
AO-076
RE:
PROPERTY ADDRESS:
107&-72 Fifth Avenue
PARCEL NUMBER:
618 152 16 00
SUBJECT:
CHANGE OF DRAINAGE PLAN TO PIPES BELOW GROUND
ACROSS DRIVEWAY OF SAID PROPERTY INSTEAD OF
ABOVE GROUND OPEN DRAINAGE
Dear Mr. Goss,
Please accept this letter as a request to change the drainage
plan for our property as identified above. We have spoken to Mr.
Dennis Davies of the Engineering Department and we believe that
we understand the plan as developed. However, we would like the
City to reconsider this drainage plan because of our concerns for
the safety of children and the very real potential water damage
to our property and the property of our neighbors.
Previously, we, as owners of 1070-72 Fifth Avenue, brought this
drainage problem to the attention of the Planning Department of
San Diego county when the property was in the Montgomery
District, and again before the Chula vista City when an apartment
complex was constructed behind our property.
The problem with the above ground drainage, which begins where
the pipes at Fifth Avenue open up allowing rapid flow drainage
across the driveway of 1070-72 Fifth Avenue to the pipes on the
land behind our property, has always existed. It is my
understanding that the drainage plan will not be changed because
there is no increase in the flow of the water after the
completion of the project. However, this does not ma~e sense to
us. The properties become flooded with the existing flow, and
the failure to correct this situation at the time of this
construction may tend to liable the City in the event of
accidents or water damage. In a phrase, you inherited a problem
with the annexation of the Montgomery area, and the maintenance
of the problem at the same level is not acceptable.
/4..ID
~(Q)[P1f
.,j:
Permit me to be graphic in describing the problem. Not only does
the existing amount of water drainage cause flooding problems
during heavy rains with the water coming up to the doorstep, but
there is the added problem of safety to young children who could
easily be swept into the open pipes with the force of the water.
The tenant at 1072 has seen even grocery carts being swept
through the area by the force of the water, along with much
debris. There is also the added problem of children playing in
the pipes during the dry season. Before the complex was built
behind our property, we brought in a picture taken during a storm
which shows water up to the doorsteps of our apartments so that
the city engineers would be aware of this problem before the
construction progressed too far on the property behind ours. We
would be glad to show ~his picture to anyone involved in the
decision-making process for this project. We understand we will
be asked to deed over"a corner of our property on Fifth Avenue
for construction of a n~w opening. Instead of the expense of
building this concrete structure, we feel a better use of funds
in the long run would be to continue undergrounding the pipes and
connecting to the pipes on the property behind ours. Since the
problems of Fifth Avenue are being corrected, why not correct
this problem and prevent any potential loss of a life or
property.
We would like to discuss this matter with you or those who have
the authority to make recommendations for changes.
Thank you for your understanding and cooperation in advance.
Sincerely,
/~ ~~ c;;;j?~~
John and Jennie Rindone
430 Corte Maria
Chula vista, CA 92010
420-7979
cc: Mayor Greg Cox
Mr. John Lippitt, Director of Public Works
Mr. Dennis Davies, Associate civil Engineer
..
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CITY OF CHULA VISTA
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
ADVANCE PLANNING SECTION
**** COST ESTIMAi"E ****
ST-102
Mar 24. 198!
R So1orzanc
E A Franco
AX-079
PROJECT TITLE:
=============================================================================
.
.
No
ITEM
. QUANTITY
UNIT UNIT PRICE
AMOUNT
-----------------------------------------------------------------------------
1 Remove A~ pavement/subgrade 211,200 SF 1.15 $242, S8C
preparation ,
2 Cement tl"eated base, 13" 17,160 TON 30.00 $514,80C
3 AC pavem€:nt, 5" 6,600 TON 50.00 $330,00C
.. Remove curb & gutter 5,280 LF 7.25 $38,28e
6 PCC curb & gutter, G-2 5,280 LF 16.00 $84,48C
6 Remove PCC sidewalk 52,800 SF 2.20 $116, 16e
7 PCC sidewalk, 4" 52,800 SF 3.00 $158,40C
8 Manhole adjustment 1 1 EA 200.00 $2,20C
9 Replace traffic signal loops 32 EA 500.00 $16,00e
10 Traffic control 1 LS 15,000.00 $15,00e
11 Signing & striping 5,280 LF 0.50 $2,64C
12 ~andscaped median, Chamber 1 LS 58,600.00 $58,60C
of Commerce proposal
13 Traffic signal interconnect 2,640 LF 5.00 $13,20C
SUBTOTAL: $1,592,64C
.
CONSULTANT DESIGN(15"): $238,89f
SUBTOTAL: $1,831,53f
CITY STAFF (1,800 Hrs.): $103,32C
SUBTOTAL: $1,934,85Ei
CONTINGENCIES (15"): $290,22S
GRAND TOTAL: S2&~25.08A
.-;
(
I
=============================================================================
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11111111111111111111111
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PROJECT LOCATION:
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DRAWN BY: H GI
~-----------
_l'~T:: ~~ ~.71 ~! _ _
TITLE:
STREET
AVENUE,
STREET.
RECONSTRUCT/ON_ BROADWAY
ilL" STREET TO NAPLES
~,
;~."'j'-:';':";""
,
,
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10' t 10'
32' 32'
I I
" I
10' 8' 12' 12' 16' 12' 12' 8' 10'
-
50' -I~ 50'
100'
DRAWN BY: W. S. TITLE: ULTIMATE WIDTH CROSS SECTION - BROADWAY,
--------...---------
DATE:' 6! 281 91 BETWEEN "L" STREET S NAPLES STRE ET
...---------------
'.
,
(APP.05)
STATE USE ONLY
PROJECT NO.
EANo.
PP No.
j
APPUCATlON FOR STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDS
Part I: Information and Certification
Pursuant to California Streets and Highways Code, Division 3, Chapter 16, Section 2600 et. seq.,
application for State-Local Transportation Partnership Program Funds is hereby made by:
Applicant:, City of Chula Vista
Address: 276 Fourth Avenue. Chula Vista. California 91910
Contact Person: Mr. Samir M. Nuhaily. Associate Civil Enoineer
Phone: (619) 691-5173
Olst: 11
County: San Dieoo
Route No: CS
PM/PM:
I
Estimated Award Date: Soring '92 State Hwy involved? No
% Work on State Hwy-.n..
Will State Administer Contract? yes/no No
Transit project? yes/no No
Description of Project Umits: Fourth Avenue between Kittiwake Lane and Del Rey High School.
Description of Work: Widenino and Reconstruction of said street. The work will include the installation
of A.C. Davement. curb. gutter. sidewalk... etc.
Identify Source of Local Share Funds: Transoortation Sales Tax ITransnet)
Justification of Project: This section of Fourth Avenue has missino imorovements. The wideninQ will
Drovide for a more efficient traffic flow.
Part II: PrQject Costs
(A) Contract Items
(B) Less Federal Project Costs (Contract Items)
(C) Net (Contract Items) C = A - B
(0) CE plus contingency (10% maximum)
(E) Total Project Cost E = C + 0
Maximum State Share Total Project x (0.5) F = 0.5 (E)
$ 171.100
$ < 0
$ 171.100
$ 17.110
$ 188.210
$ 94.105
A
> 8
C
o
E
F
(
CERTlFICATlOH: To the best of fIf'/ knowledge _ bel!~. tlIe DU .... fntonllltfon I"'Ovlcled In this appHeatlon are true and
ICOl'reet, _ I.. authorized to file this application on behalf of the opplleont. Applicont aeknowledges thot It onlerstands,_
_ can coaply with the ti.. II.lts for award of contracts and expenditure of funds. .
lema end Title: Mr. Clifford L. SWinson. De~v Public ~orks Director/Citv Enaineer
(Print or Type), ~.A ~
'I_turo:~ ~ AA:p
AU_ta: . Map, Typical laction, Elllllneer'a Estl..t.
Dott~~
(_\4TItAVE.FRM)
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CITY OF CHULA VISTA
Department: Public Works
COST ESTIMATE
PROJECT TITlE: Street Improvements - Fourth Avenue,
Kitti k L t D 1 R Hi h S h 1
Date: 5-14-89
Prepared by: E.A. Franco
Checked by:
wa e ane 0 e ey 19l c 00
NO. ITEM OUANTITY UNIT UNIT
PRI CE AMOUNT
,
1 Remove AC Berm - 786.6 LF ~ 3.00 $ 2,360.00
2 Remove PCC Curb and Gutter 304.6 LF 7.25 2,208.00
3 Remove AC Driveway 1,575 SF 1.00 1,575.00
4 Remove PCC Driveway 1,890 SF 3.25 6,143.00
5 Remove PCC Sidewalk 2,146 SF 2.20 4.721. 00
6 Embankment/Excavation 660.5 CY 5.00 3.303.00
7 PCC Curb and Gutter 1,091.2 LF 16.00 17,456.00
",
( . PCC Driveway 2,070 SF 3.50 7,245.00
,
9 Aggregate Base 774 TN 30.00 23,220.00 I
10 4" AC Pavement 276.5 TN 50.00 13.825.00
11 Remove AC Sidewalk 800 SF 1.00 800.00
12 Masonry Retaining Wall 1.242.8 SF 25.00 31,070.00
13 PCC Sidewalk 4,736 SF 3.00 14,208.00
14 Traffic Signal Relocation 1 LS 40,000.00 40,000.00
15 Traffic Control 1 LS 3,000.00 3,000.00
. ~ubtotal $171,134.00
Consultant Design 42 800.00
.
Staff Time 16 200.00 .
.
Contingency 25,670.00 .
( ubtotal $255,804.00
1
Right-of-way 11,056 SF 12,000.00 132,672.00 -
"otal $388,476.00
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t---_________
DATEr 5/31/89
~---~-....._---
.
TIn.Er STREET IMPROVEMENTS
AVENUE. KITTIWAKE LANE
REV HLG.tL SCHOOL.
FOURTH
.
TO DEL
--
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10' Cl 10'
37' t 37'
I ~ I
10' 6' 14' 12' 10' 12' 14' 6' 10'
47' ../-- 47'
94'
DRAWN BY: w. s. tITLE: ULTIMATE WIDTH CROSS SECTION - FOURTH AVENUE,
.--------... ----.............
DATE: .6/28/91 BETWEEN KITTIWAKE LN. 8 DEL REY HIGH SCHOOL
-~-----~---------
COUNCIL AGENDA STATEMENT
Item
15
ITEM TITLE:
Meetin9 Date 7/16/91
Resolution 1""~4 Approving the submittal of an
application for Third Cycle Funds of the State-Local
Transportation Demonstration Program (Senate Bill 300)
Director of Public ~or~
City Manager~\~^~\ (4/5ths Vote: Yes___No-x-)
{j~
SUBMITTED BY:
REVIEWED BY:
Senate Bi 11 300 created the Transportation Demonstrat i on Program to i dent i fy
and construct locally supported projects with a minimum of State planning and
review. Staff has prepared an appl ication package to CalTrans, the agency
admi ni steri ng State- Loca 1 Transportat i on Demonstration Programs, and on June
28, 1991 tentatively submitted said package. The tentative submittal was done
on that date in order to meet State deadlines. If the Council decides not to
cont i nue with the program, the app 1 i cat i on wi 11 be dropped by Ca lTrans. In
order that the application for State-Share Funding may be considered, a
Council resolution approving submittal of the application to the CalTrans
Local Streets and Roads Engineer is required.
RECOMMENDATION: That City Council adopt a reso 1 ut ion approvi ng submittal of
project applications for available Senate Bill 300 State-Local Transportation
Demonstration Program, Third Cycle Funds.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In response to the extensive State-wide need of funding for the rehabilitation
and upgrading of streets and roads, the State legislature has proposed a
State-Local Demonstration Program. The SB-300 State-Local Transportation
Demonstration Program offers an opportunity to construct projects which may
not stand the traditional test of State-wide significance, but are critically
needed by a local community.
The State Legislature intends
FY 1992-93 by June 30, 1992.
determi ne whether th is wi 11 be
year.
Applications for funds were tentatively submitted to the CalTrans Local
Streets and Roads Engineer on June 28, 1991. The maximum State share for each
project wi 11 be 50 percent of project construct i on 1 ess Federal fundi ng for
the project. A prel iminary 1 ist of projects submitted by all agencies to
Ca lTrans wi 11 be compil ed and the requested State share computed. I f the
requested State share exceeds the total budgeted amount, a pro-rata share for
the projects will be computed and applicants will be notified of the resulting
percentage of State share.
to appropriate funding for the program for
At that time, the Legislature will also
an ongoing program beyond the 1992-93 fiscal
/15'1
Page 2, Item IS
Meeting Date 7/16/91
Projects submitted must meet the following eligibility requirements.
1. The project will i~crease the capacity of the highway or guideway or
would extend serVlce to new areas; or in case of a local road
rehabilitation project, it would extend the useful life of the roadway by
at least ten years.
2. The app 1 i cant has committed itself, or is capabl e of commi tt i ng itself,
to the payment of the local share to complete the project.
3. The project is not receiving any other State funds.
4. The appl icant has completed, or is capable of completing, all project
development work so that the contracts for the project can be awarded no
later than June 30, 1993.
5. Improvements to State highways are consi stent with State/Federal
standards and are designed to minimize long-term maintenance cots.
6. The cost estimate included in the application is reasonable.
The following is a listing of the City projects which were submitted for third
cycle funds:
Proiect
Maximum
Local Share State Share
1.
2.
3.
Broadway (L St. to Naples St.)
Fifth Ave. (Naples St. to Oxford St.)
Fourth Ave. (Kittiwake Ln. to Del Rey H.S.)
Total
$876,150
240,625
94.105
$I,210,880
$876,150
240,625
94. 105
$1,210,880
The City's share of funding for the proposed projects will be appropriated
from Transportation Sales Tax (Proposition A) revenues for all three projects.
FISCAL IMPACT: Maximum potential revenue to the City in the amount of
$1,210,880. Actual amount will be dependent on the number of projects
approved and the computed percentage of State share. The City will be
responsible for the local share.
SMN:KY-179
WPC 5687E
15,2..
RESOLUTION NO. IlD~S~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SUBMITTAL OF AN
APPLICATION FOR THIRD CYCLE FUNDS OF THE
STATE-LOCAL TRANSPORTATION DEMONSTRATION
PROGRAM (SENATE BILL 300)
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, Senate Bill 300 created the Transportation
Demonstration Program to identify and construct locally supported
projects with a minimum of State planning and review; and
WHEREAS, staff has prepared
the agency administering State-Local
Programs, and on June 28, 1991
application; and
an application to CalTrans,
Transportation Demonstration
tentatively submitted said
WHEREAS,
Funding may be
submittal of the
Roads Engineer is
in order that
cons idered, a
application to
required.
the appl ica tion for Sta te-Share
Council resolution approving
the CalTrans Local Streets and
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the submittal of an
application for Third Cycle Funds of the State-Local
Transportation Demonstration Program (Sentate Bill 300).
Presented by
John P. Lippitt, Director of
Public Works
9045a
\C;... .3
(APP.05)
STATE USE ONLY
PROJECT NO.
EANo.
PP No.
APPUCATlON FOR STATE-LOCAL TRANSPORTATION PARTNI:RSHIP PROGRAM FUNDS
Part I: Information and Certification
Pursuant to California Streets and Highways Code, Division 3, Chapter 16, Section 2600 et. seq.,
application for State-L.ocaI Transportation Partnership Program Funds is hereby made by:
Applicant: Citv of Chura Vista
Address: 276 Fourth Avenue. Chuta Vista. California 91910
. Contact Person: Mr. Samir M. Nuhailv. Associate Civil EnQineer
Dist: 11
County: San DieQo
Route No: CS
PM/PM:
Phone: (619) 691.5173
/
Estimated Award Date: Fall. 1991
State Hwy involvec? No
% Work on "'tate Hwy~
Will State Administer Contract? yes/no No
Transit project? yes/no No
Description of Project Umits: Fifth Avenue between Naples Street and Oxford Street.
.
Description of Work: WideninQ and reconstruction of said street. The work will Include the installation
of A.C. oavemen!. curb. outter. sidewalk.... etc.
Identify Source of Local Share Funds: TransDortation Sales Tax (rransnet)
Justification of Project: ExistinQ oavement is badly deteriorated. Widenina is needed to handle hi~her
traffic volumes.
Part II: Project Costs
(A) Contract Items $ 437.500 A
(B) Less Federal Project Costs (Contract Items) $ < 0 > B
(C) Net (Contract Items) C = A - B $ . 437.500 C
(0) CE plus contingency (10% maximum) $, 43.750 0
(E) Total Project Cost E=C+O $ 481.250 E
Maximum State Share Total Project x (0.5) F = 0.5 eE) $ 240.625 F
CERTIFICATION: To the best of IIy u-lodge and belief, the data and Info....tlon proYfded In this applfcetfon are true..nd
correct, end I .. authorized to file this application on behal f of tha applicant. Appl fcant acu-lodges that It U>derstands, .
end can coapl)' with the tl... lI_fts for allard of contracts and expendfture of funds. . i
(
.... end Title: Mr. Clfffo~ L. SWinson. DeDUtv Public Works Director/Citv Enaineer
..,u~
SI...ture ~~
Attac:"-nta: l MIIp, typiC81 Section, Enslfneer'a lltiMte
Dete.Lk~/
(SMNz::z:::.:
15-A-f
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ST-409
CITY OF CHULA VISTA
Department: Engineering Division
COST ESTIMATE
Date:
Prepared by:
Checked by:
01/29/90
SMN
.
PROJECT TItlE: FIFTH AVENUE BETWEEN NAPLES AND
OXFORD - BOTH SIDES
NO. OUANTITY UNIT
ITEM UNIT PRICE AMOUNT
1 Curb and Gutter 1.790 LF ~ 12.00 21.480.00
2 Sidewalk 8.950 SF 2.80 25.060.00
3 Driveways 2.185 SF 3.50 7.647.50
-
4 14" Aggregate Base 3.790 'Ions 25.00 94,750.00
5 3" A.C. Pavement 860 Tons 65.00 55,900.00
6 Cross Gutters 528 SF 4.25 2,244.00
7 Grading LS LS - 14.000.00
I Site Preparation and Clearing and Grubbi g 74,011 SF 0.50 37.005.50
9 Protection & Restoration of Ext. Improve LS LS - 14.000.00
10 Traffic Control LS LS - 14.000.00
11 Curb Inlet 5 EA 3.000.00 15,000.00 i
12 Storm Drain Cleanout 2 EA 3.310.00 6.620.00 I
13 Storm Drain - 18" RCP 700 LF 70.00 49.000.00
14 Storm Drain - 24" RCP . 350 LF 80.00 28.000.00
15 Pedestrian !lamp 8 EA 600.00 4.800.00
16 Street Light 6 EA 4.000.00 24.000.00
17 Signsge LS LS - 1.500.00
.
18 Masonry Retaining Wall 300 SF 16.50 4.950.00
TC! u: , I. nnn nn .
19 Relocation of Water FacilitieC! -
I( 'I) Ad1ustment of Sewer Manhole .. 1'A ?nn nn , nnn nn
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21 Street Survey Monument
SUBTOTAL 4~~.477.00
CONS n.. """ .nnn nn
CITY STAFF 36.000.00
CONTINGENCIES ft~' .n... n...
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DRAWN BY: H GI
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DATE: 3/31/89
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STREET
AVENUE,
OXFORD
IMPROVEMENTS- FIFTH
NAPLES STREET TO
STREET . .'-
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DRAWN BY: W. S. TITLE: ULTIMATE WIDTH CROSS SECTION - FIFTH AVENUE t
....------..- ----...----
DATE: 6/28/9/ BETWEEN NAPLES STREET 8 OXFORD STREET
-t-- --.:.----------
COUNCIL AGENDA STATEMENT
Item I~ A +EJ
Meeting Date 7/16/91
ITEM TITLE: a. Resolution I~UD Approving amendment to agreement with
Sweetwater Authority to provide for collection of storm drain
fees
b. Resolution /~~/DI Approving amendment to agreement with
~~:~ Water District to pro:i.~/or collection of storm drain
SUBMITTED BY: Director of Public Work~ W-
REVIEWED BY: City Manager~ ~~\ (4/5ths Vote: Yes___No-X-)
IJ~
On December 8, 1988, the United States Environmental Protection Agency (EPA)
proposed regul at ions for the issuance of Nat i ona 1 Poll utant Di scharge
Elimination System (NPDES) permits to regulate storm water discharge into the
waters of the United States. The fi na 1 vers i on of these regul at ions was
issued on November 16, 1990. These permits will require agencies discharging
storm water to develop management programs for the control of pollutants. The
City establ i shed a storm drain fee by enacting Ordi nance 2463 on June 18,
1991. The storm drain fee will pay for the establishment and implementation
of the NPDES program. Amendments to the agreements with the Sweetwater
Authority and the Otay Water District will be needed to provide for the
collection of said storm drain fees.
RECOMMENDATION: That Council approve the items as descri bed in the t itl es
above.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In order to establish and implement the National Pollutant Discharge
Elimination System (NPDES) program, the City Council established a storm drain
fee by enact i ng Ordi nance 2463 on June 18, 1991 and by approvi ng Reso 1 ut ion
16200 which amended the Master Fee Schedule to add the storm drain fee. The
effect of the fee will be to reimburse the General Fund appropriately for the
costs associated with the NPDES program. The approved fee was $.70 per month
per dwelling unit for single family dwellings and $.06 per hundred cubic feet
of water consumed for multi -fami ly, commerci a 1, or i ndustri a 1 accounts per
calendar month with a $500 maximum.
The revenues are based on a total number of single family dwelling units of
27,300 and an estimated water consumption rate of 3.1 million gallons per day
for multi-family and 3.1 million gallons per day for commercial usage. The
total estimated annual revenues are $405,000. The estimated direct cost of
the NPDES program for Fiscal Year 1991-92 is approximately $405,000. The
storm drain fee will be paid only by the parties connected to City's sewer
system and will be collected with the sewer service charges. The existing
agreements wi th the Sweetwater Authority and the Otay Water Di stri ct must be
amended in order to provide for the collection of the storm drain fee.
FISCAL IMPACT: None.
SMN/mad:File No. KY-181
WPC 5690E
{I. ..I
ITEM TITLE:
RESOLUTION 16260
RESOLUTION 16261
Item 16
MEETING DATE 7/16/91
APPROVING
AGREEMENT
AUTHORITY
COLLECTION
APPROVING
AGREEMENT
DISTRICT
COLLECTION
AMENDMENT TO
WITH SWEETWATER
TO PROVIDE FOR
OF STORM DRAIN FEES
AMENDMENT TO
WITH OTAY WATER
TO PROVIDE FOR
OF STORM DRAIN FEES
Contracts were not available at the time the agenda packet was
duplicated. The Engineering Department will distribute copies to
the Council prior to the meeting.
I It, -2..
RESOLUTION NO. 1~1.t.D
RESOLUTION OF THE CITY COUNCIL OF
CHULA VISTA APPROVING AMENDMENT
WITH SWEETWATER AUTHORITY TO
COLLECTION OF STORM DRAIN
AUTHORIZING THE MAYOR TO EXECUTE
THE CITY OF
TO AGREEMENT
PROVIDE FOR
FEES, AND
SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on December 8, 1988, the united States
Environmental Protection Agency (EPA) proposed regulations for
the issuance of National pollutant Discharge Elimination system
(NPDES) permits to regulate storm water discharge into the waters
of the united States with the final version of these regulations
being issued on November 16, 1990; and
WHEREAS, said permi ts will r equi re agencies discharging
storm water to develop management programs for the control of
pollutants; and
WHEREAS, the City established a storm drain
enacting Ordinance 2463 on June 18, 1991 which fee will
the establishment and implementation of the NPDES program;
fee
pay
and
by
for
WHEREAS, an amendment to
Sweetwater Authority will be needed to
of said storm drain fees.
the agreement wi th the
provide for the collection
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the Amendment to
Agreement with Sweetwater Authority to provide for collection of
storm drain fees, a copy of which is on file in the office of the
City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Amendment for and on behalf of the City of Chula Vista.
Presented by
John P. Lippitt, Director of
Public Works
9047a
1(, A - I
RESOLUTION NO. }t,/.-l., I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENT TO AGREEMENT
WITH OTAY WATER DISTRICT TO PROVIDE FOR
COLLECTION OF STORM DRAIN FEES, 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 8, 1988, the United States
Environmental Protection Agency (EPA) proposed regulations for
the issuance of National pollutant Discharge Elimination system
(NPDES) permits to regulate storm water discharge into the waters
of the United States with the final version of these regulations
being issued on November 16, 1990; and
WHEREAS, said permits will require agencies
storm water to develop management programs for the
pollutants; and
discharging
control of
WHEREAS, the City established a storm drain
enacting Ordinance 2463 on June 18, 1991 which fee will
the establishment and implementation of the NPDES program;
fee
pay
and
by
for
WHEREAS, an amendment
Water District will be needed
said storm drain fees.
to the agreement with the Otay
to provide for the collection of
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the Amendment to
Agreement with Otay Water District to provide for collection of
storm drain fees, a copy of which is on file in the office of the
City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the Ci ty of
Chula vista is hereby authorized and directed to execute said
Amendment for and on behalf of the City of Chula vista.
od 1
":0
Presented by
John P. Lippitt, Director of
Public Works
9048a
ruce M. Boog~r , City Attorney
I~e -
COUNCIL AGENDA STATEMENT
Item J7
ITEM TITLE:
Meeting Date 7/16/91
Reso 1 ut i on 1~11.. 2.. Accept i ng contract work for the Bonita
Road widening from Flower Street to Bonita Glen Drive in the
City; and appropriating funds.t~reof
Director of Public Work~nrv
City Manager.,j~ '<>'t'~ (4/5ths Vote: Yes..lLNo_)
SUBMITTED BY:
REVIEWED BY:
On November 6, 1990, the City Council, by Resolution No. 16034, awarded a
contract in the amount of $218,699.83 (including contingencies) to L. R.
Hubbard Construction Co., Inc. The contract was for the widening of Bonita
Road from Flower Street to Bonita Glen Drive. The work is now completed.
The total cost of the project, however, exceeded the budgeted funds by
$16,878.80. It is necessary, therefore, that this amount be appropriated from
the unappropriated Gas Tax Fund.
RECOMMENDATION: That Council approve the reso 1 ut i on accept i ng the contract
work and appropriating $16,878.80 from the unappropriated Gas Tax Fund.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
L. R. Hubbard Construction Co., Inc. completed the construction of the Bonita
Road widening (from Flower Street to Bonita Glen Drive) Project on June 20,
1991. All work was completed in accordance with the contract plans and
specifications and to the satisfaction of the City Engineer.
The final cost for the project amounted to $271,878.80 (see Financial
Statement). The budgeted funds for the project amounted to $255,000. We,
therefore, exceeded the available funds by $16,878.80 ($271,878.80 less
$255,000.00). The additional funds are to reimburse the General Fund for City
staff charges. These are not additional construction charges. It is
necessary, therefore, to obtain thi s amount from the unappropri ated Gas Tax
Fund balance.
FINANCIAL STATEMENT:
I.
Appropriated Funds
a. Construction
b. Staff
TOTAL I
$228,000.00
27.000.00
$255,000.00
II.
Contract Amount As Awarded
a. Construction
$217,450.00 original contract
plus contingencies
b. Sweetwater Authority (water facilities)
c. Staff
$218,699.83
TOTAL II
5,240.00
27.000.00
$254,439.83
11-}
Page 2, Item
Meeting Date 7/16/91
III. Actual Expenditures
Construction:
a. Street improvement work
b. Sweetwater Authority (water facilities)
c. United States Testing Engineers
(material testing)
SUB-TOTAL
$230,316.31
4,868.34
3.813.60
$238,998.25
Staff:
Staff includes 1.73 full cost recovery
factor inception to May 2, 1991
(latest available report)
$32,880.55
TOTAL II I
$271,878.80
IV.
Deficit
a. Appropriated funds
b. Actual expenditures
DEFICIT
$255,000.00
271.878.80
$16,878.80
FISCAL IMPACT: In addition to the construction costs summarized above, the
City will maintain the street improvements.
WPC 5685E
\(-.2.
RESOLUT ION NO. I~ '"j..J, 'L
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING PUBLIC IMPROVEMENTS FOR
THE BONITA ROAD WIDENING FROM FLOWER STREET TO
BONITA GLEN DRIVE IN THE CITY AND
APPROPRIATING FUNDS THEREFOR
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the Public Works Department of the City of
Chula Vista has heretofore been notified that the contract work
for the widening of Bonita Road from Flower Street to Bonita Glen
Drive has been completed in accordance with that certain contract
agreement dated November 6, 1990, by and between the City of
Chula vista and contractor, L. R. Hubbard Construction Co., and
WHEREAS, on the 20th day of June, 1991, a final
inspection was made and all of the public improvements in the
project have been completed to the satisfaction of the Director
of Public Works and in accordance with the requirements of the
City, and
WHEREAS, the total cost of the project,
exceeded the budgeted funds by $16,878.80 and it is
that this amount be appropriated from the Gas Tax Fund..
however,
necessary
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that said improvements be, and they are
hereby approved and accepted by said City, based upon the
recommendations of the Director of Public Works.
BE IT FURTHER RESOLVED that the City Clerk be, and she
is hereby directed to forward a certified copy of this resolution
to the contractor, L. R. Hubbard Construction Co.
BE IT FURTHER RESOLVED that the amount of $16,878.80 be
appropriated from the unappropriated balance of the Gas Tax Fund
250-2501 and transferred to Account 250-250l-ST138.
John P. Lippitt, Director of
Public Works
9046a
C t Attorney
Presented by
!1- .3
COUNCIL AGENDA STATEMENT
Item
I~A
Meeting Date 7/16/91
ITEM TITLE: Supplemental report on contract for public works
inspection services for FY 91-~
SUBMITTED BY: Director of PUbliccworks~~
REVIEWED BY: City Manage~ ~~ (4/Sths Vote: Yes_No---1LI
At the July 9, 1991 Council meeting, a proposed contract for public
works inspection services was presented for approval. However, due
to last minute changes the actual agreement was not sent out in the
package and was not available for Council review. The proposed
contract is attached to this report. In addition, there were some
questions raised concerning the use of contractual inspectors.
This report is to address those questions.
RECOMMENDATION: That Council accept this report and approve the
resolution ratifying the agreement as presented at the July 9
meeting.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: As indicated in the previous Council agenda
statement, the compensation rate for services under the contract is
$50 per hour for the first six months of the contract and $51 per
hour for the last six months. It is estimated that we will require
between 2000 and 4000 hours of inspection services during the
current fiscal year. This rate includes the vehicle and paging
unit to be provided by the contractor.
In the previous fiscal year we utilized the services of one
contract inspector full time for the entire fiscal year, a second
inspector for approximately 2/3 of the year, and a third inspector
for approximately 1/3 of the fiscal year. Because of the varying
nature of the workload, we had all three contractual inspectors
working during some of that time and only one for other times. The
flexibility in the contract conditions have allowed us to respond
to the work load and eliminate the inspectors which were no longer
needed.
On our in-house inspection staff, the top rate for Public Works
Inspectors is $21.92 per hour without full cost recovery. Adding
the full cost recovery rate to that amount, we bill for in-house
staff inspection services at the rate of $56.07 per hour. The full
\~~-\
Page 2,
Meeting
Item--1.i.L
Date 7/16/91
cost recovery rate does include the cost of a vehicle and radio.
However, it does not take into account the capital outlay required
to make the initial purchase of a new vehicle and radio for new
staff inspectors.
During the preparation of our FY 1991-92 budget request we reviewed
the potential workload situation and, because of the downturn in
the economy, were reluctant to request the additional staff
inspector. Even though we knew we would be utilizing the services
of one contractual inspector full time for the full year for FY 90-
91, the workload in engineering generally slumps long after the
other sectors. Consequently, we were looking at the possibility of
not having enough work for the full year in FY 91-92 to require the
additional staff inspector and felt it more expeditious to continue
the contract until we were sure the workload would remain high
enough to support the in-house inspector. staff recommends that we
continue with the full scope of the contract for inspection
services for the current fiscal year. We will review the workload
and need for adding a staff inspector for consideration in the FY
92-93 budget.
FISCAL IMPACT: None to this recommendation to accept this report.
The estimated maximum cost for the inspection services contract
totals $202,000 and would be reimbursed by developer fees.
. CLS:cs/KY013
l~t\# ~ /tf6A - +
(
I
COUNCIL AGENDA STATEMENT
Item 18
Meeting Date 7/9/91
ITEM TITLE: Resolution l(,it~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 71 ic Works f/I!/
REVIEWFD BY: City Managev. (4/5ths Vote: Yes_Noll
The City Council in conjunction 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 negotiated." a contract with B.S. I. Consultants to provide
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 ratify the agreement and authorize 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. Thi s high 1 evel
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
with the FY 1991-92 budget approval process, authorized 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
proposals 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 considere8 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 abil 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+
IfBJ
Page 2, Item
Meeting Date 7/9/91
B.S.I. Consultants 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.
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, drivew~ys, storm drain, sewers, street lights, asphalt
concrete and portland cement concrete pavements. B.S. I. will be compensated
for the inspector's services at last 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
services at $50/hour plus 2,000 person hours of construction inspection 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
specifically approved by the City and that substitutes or replacements 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 should be noted that the contract inspectors will 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 this contract totals
$202,000. However, there is no cost to the City because the charges wi 11 be
reimbursed by developer's fees.
RS:mad/KY013
WPC 5675E
,
I fB1...
RESOLUT ION NO. 1l.P ~4-0
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, THEREFOR';, 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 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 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
(])v( u...J
1~3
Agreement with
ESI Consultants, Inc.
for Public Works Construction Inspection Services
for 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 BSI
CONSULTANTS, INCORPORATED, a California Corporation, whose address
is 16880 West Bernardo Drive, San Diego, California 92127,
hereinafter referred to as "Consultant", relates to certain Public
Works Construction Inspection services in the City of Chula Vista,
and is made with reference to the following facts:
RECITALS
WHEREAS, the City in the exercise of its "police power"
provides inspection services for Public Works-related projects
constructed with public or private funds throughout the City, and
retains the ultimate decision making authority regarding such
inspection services while using independent construction inspection
services; and,
WHEREAS, in order to provide quality inspection services for
these projects, City anticipates the need for assistance by
Consultant inspection personnel during the period from July 1, 1991
to June 3D, 1992.
WHEREAS, the Consultant represents that it has qualified
personnel to perform the wide variety of construction inspection
duties 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 public works
field inspection personnel as required to perform inspection of
grading work and curb, gutter, sidewalk, driveways, storm drain,
sewers, street light, asphalt concrete and Portland Concrete
Pavement installation.
B. Consultant agrees to provide qualified personnel
that are experienced in the inspection of public works facilities
and familiar with Regional Standard drawings and Standard
Specifications "Green Book".
C. Consultant agrees to assign personnel capable of
performing the services outlined in the scope of work.
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D.
acceptable
shall have
that three
inspection
In the event Consultant is unable to provide
personnel to perform the inspection services, City
the right to terminate the contract. It is estimated
persons will be required to fulfill the City's
needs.
E. Consultant agrees to provide appropriate
transportation vehicles, and radios for 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.
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.
All services of Consultant herein required may be hereafter
collectively referred to as "Services".
II. Authorization, Progress and Completion
Consul tant I s Services shall commence upon receipt of wri tten
Notice to Proceed from City, by and through the City Manager, or
his designee, and shall be completed not later than June 30, 1992.
III. Compensation
A. City shall pay the Consultant in accordance with the fee
schedule attached as Exhibit "B" ("Fee Schedule") and made a part
of this agreement, except that Consultant shall not be paid and
City has neither authorized nor appropriated the payment in an
amount greater than $202,000.
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.
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D. without liability for so stating on either party's
behalf, it is presently estimated that Consultant will provide
between 2000 and 4000 person hours of construction 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 4000 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 and shall acquire 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.
Consul tant 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 Political 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 take any compensation for the
work performed herein from any other person other than City.
VI. Termination of Agreement.
Notwithstanding the foregoing term herein provided, this
Agreement may be terminated in the following manner:
11'8-1
A. By City for cause.
If, through any cause, the Consultant shall fail to fulfill
in a timely and proper manner his obligations under this Agreement,
or if 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.
VII. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City 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 any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
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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'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,
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 event such a
claim results in litigation which is resolved in favor of City and
Consultant prior to a court determination of proximate cause, 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.
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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 Endorsement. Provide that Consultant's
coverage shall be primary to any coverage separately
owned, purchased, or maintained by City.
4. Cross Liabili ty 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 City
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.)
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Signature Page to
Agreement with
BSI Consultants, Inc.
for Public Works Construction Inspection Services
for Fiscal Year 1991-1992
IN WITNESS WHEREOF, City and BSI Consultants,
Incorporated have executed this Agreement on this 8th
JUly, 1991.
day of
CITY OF CHULA VISTA
BY:
Tim Nader
Mayor, City of Chula vista
Attest:
Beverly Authelet,
city Clerk
Approved as to form:
~~ ?/R/r;
Bruc M. Boogaard ' I
City Attorney
Exhibit A: Detailed Scope of Work, Phase I
Exhibit B: Fee Schedule
(RS3\BSI-1.CNT)
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EXHIBIT "A"
SCOPE OF WORK
CONSTRUCTION INSPECTION SERVICES
SCOPE
Listed below is a general description of the numerous duties that
will comprise the daily contract administration/inspection routine
for this contract. The tasks generally undertaken include, but are
not necessarily limited to the following:
* Familiarization and review of contract documents.
* Participation in Preconstruct ion Meetings.
* Review of Compliance Certificates, Shop Drawings, etc.
* Daily Inspection and Preparation of Daily Inspection
Reports.
* Review and recommendations in the processing of
payment requests.
* Assistance and recommendations in the processing of
Change Orders, if required.
* Preparation of periodic Project Status Reports.
* Coordination with Contractor, City staff, etc.
* Coordination with Materials Laboratory staff for
material and compaction testing.
* Other Construction Phase Services, as may develop, to
determine that the work is proceeding in general compliance
with the intent of the plans and specifications.
The following represents a more detailed process of the normal
sequence of events involved in daily administration/inspection
activities that will be utilized on this project:
* Review Plans and Specifications
* Attend meetings and conferences as required.
* Review submittals as required and discuss with
Contract Senior Inspector/City Contract Manager.
* Meet with Contractor at the beginning of each day and
review proposed work plan, including specific details that
may affect the progress.
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* Record information related to Contractors work crews
and performance, equipment at site, etc.
* Coordinate schedules and testing as
including sampling, if necessary and review
results.
required,
of test
* Make notes and approve quantities and develop pay
estimates as required and submit to Engineer for approval.
* Review actual Contractor performance throughout day,
as required, and discusses discrepancies as they occur.
* Develop "Punch List" items.
* Review
Contractor
corrections
items requiring
and submit final
have been made.
corrective
acceptance
action
report,
with
when
* Serve as general liaison between Contractor and City.
* Report to City Contract Manager at completion of each
day's work.
* Prepare and submit daily and weekly summary inspection
reports.
* Coordinate on-going construction surveys and staking
as required.
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EXHIBIT "B"
FEE SCHEDULE
Task Description
Estimated Fees
A. Construction Administration and Inspection
*Construction Inspector - (July 1, 1991 to December 31, 1991)
Assume 2000 hours @ $50/hour
$ 100,000.00
*Construction Inspector - (January 1, 1992 to June 30, 1992)
Assume 2000 hours @ $51/hour
$ 102,000.00
*Mileage
N/C
Project Supervision
N/C
Sub-total - Contract
Administration and Inspection
B. Materials Testing Services
Provided by City
Provided by City
C. Surveying Services
TOTAL ESTIMATED FEES
$ 202,000.00
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MEMORANDUM
July 16, 1991
File No. KY-013
From:
Honorable David Malcolm, Councilmember
John Goss, City Manage~
John P. Lippitt, Director of
To:
via:
Subject:
aSI Contract for Inspection
Public work~
Services
The following information is offered per your request:
1. The aSI contract has been in effect for two years. It
was entered into the first time for fiscal year 1989-90.
2. The payments to aSI were $213,148 in FY 89-90 and
$156,725 for FY 90-91 through May 31, 1991.
CLS:cs
cc: Mayor Nader
Councilmember Moore
Councilmember Rindone
Councilmember Grasser-Horton
(A:BSI.ouno)
Item 19
MEETING DATE 7/16/91
ITEM TITLE:
PUBLIC HEARING
CONSIDERATION
INCREASE FOR
PROVIDED BY
SYSTEMS, INC.
OF A RATE
TRASH SERVICE
LAIDLAW WASTE
staff is requesting that the public hearing be continued to the
meeting of August 13, 1991.
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COUNCIL AGENDA STATEMENT
Item 2../>
Meeting Date 7/16/91
ITEM TITLE:
PCS-91-04 - Consideration of
subdivision map for East
Estates, Chula Vista Tract
Western Communities Associates
Resolution (~~3 Approving PCS-91-04
Di rector of Pl ann i ng 27ft
City Manager~~ \~6~\ (4/5ths Vote: Yes__No~)
tentative
Palomar
91-04
Public Hearing
SUBMITTED BY:
REVIEWED BY:
The applicant has submitted a tentative subdivision map known as East Palomar
Estates, Chula Vista Tract 91-04, in order to subdivide 3.3 acres at the
northeast corner of East Palomar Street and Nolan Avenue into 13 single family
lots.
The Envi ronmenta 1 Revi ew Coordi nator conducted an Init i a 1 Study, IS-91-35, of
potential environmental impacts associated with the implementation of the
project. Based on the attached Init i a 1 Study and comments thereon, if any,
the Coordinator has concluded that there would be no significant environmental
impacts, and recommends adoption of the Negative Declaration issued on
IS-91-35.
RECOMMENDATION: That Council adopt the resolution approving PCS-91-04.
BOARDS/COMMISSIONS RECOMMENDATION: On June 12, 1991, the Planning
Commi ss i on voted 6-1 to recommend that Council approve the tentative map in
accordance with Resolution PCS-91-04.
DISCUSSION:
Adjacent zoning and land use.
North - R-l
South - R-l
East - R-l
West - R-l
- Church; Single family dwellings
- Single family dwellings
- Single family dwellings
- Single family dwellings
Existing site characteristics.
The site is presently vacant and measures approximately 220' x 660' (3.3
acres), with the longer dimension representing the frontage on East Palomar
Street. The property slopes gently down from west to east, with the exception
of some larger manufactured slopes along the easterly boundary. The site
adjoins single family dwellings and a church.
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Page 2, Item :<'0
Meeting Date 7/16/91
Tentative MaD
The proposal is to subdivide the property into 13 single family lots which
range in size from 7,000 sq. ft. to 12,350 sq. ft. The map shows eight lots
along East Palomar, and fi ve lots to the north or rear -- four of whi ch are
panhand1 e lots. Access is concentrated on the common access dri ves so that
only two individual driveways directly access East Palomar.
The proposal is cons i stent with the General P1 an and the under1yi ng R-l zone
lot standards, and subsequent development of the panhandle lots will be
required to meet the City's panhandle lot standards (CVMC 19.22.150). We have
recommended several condi t ions of approval whi ch will address the appearance
in and around the common drives, and help ensure the maintenance of the larger
down slopes which will remain along the easterly boundary of the property.
A petition in opposition to the project was submitted in response to the
notice on the Initial Study. The applicant subsequently met with the
surrounding residents, and only two neighbors spoke at the Commission
hearing-- one in favor of the project, and one expressing some concern over
continued use of a portion of the property as an informal trail short-cut for
children. Staff explained that this area would likely be fenced off by the
subsequent property owners.
The following are the recommended conditions of approval. (Note: Condition
No. 27 has been amended from the one considered by the Planning Commission to
reflect the Council's most recent direction with respect to water
conservation):
1. Any fencing or walls shall maintain a minimum 10 ft. setback from the
common dri ves, and the area between the fence/wa 11 and dri ve shall be
landscaped and property maintained. Fencing greater than 3.5 ft. high
sha 11 ma i nta in the same setback from the common dri ves as the dwell i ng
without the prior written permission of the Zoning Administrator. These
restrictions shall be reflected in the CC&R's for each of the affected
lots (lot #'s 4,5,6,7,9, 10, 11 & 12).
2. The CC&R's shall specify the responsibil ity of the property owners to
maintain the common drives, the landscaping adjacent to the common
dri ves and in and around the guest parki ng areas, and the down-slopes
along the easterly boundary of lot #'s 11 and 13.
3. Landscape and irrigation construction drawings, including a fencing plan
for the areas adjacent to the common drives, shall be reviewed and
approved by the Ci ty Landscape Archi tect pri or to the issuance of any
building permits. Any developer-installed landscaping shall prescribe
to xeriscaping principles whenever possible.
4. The final screening design for the guest parking areas should include a
hard, permanent visual barrier (such as a decorative fence) in
conjunction with shrub groupings and other plant materials. The
plantable islands shall provide a minimum 4 ft. plantable area within
the planter.
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Page 3, Item J.,()
Meeting Date 7/16/91
5. The common dri veways shall be treated wi th enri ched pavi ng at thei r
entrances subject to review and approval of the City Landscape Architect.
6. The development of the panhandle lots are subject to compliance with the
City's panhandle lot standards (CVMC 19.22.150).
7. The CC&R's for the project shall be submitted for review and approval
and shall be recorded concurrently with the final map. The CC&R's shall
contain a prohibition against T.V. and radio antennas and garage
conversions. THe CC&R's shall name the City as a party to the CC&R's
insofar as the City shall have the right, but not the obligation, to
enforce the provisions of the CC&R's relating to areas of public concern
such as, but not 1 imited to, the maintenance of common areas and the
adherence to other ordinance regulations of the City.
8. The "hammerhead" design turn areas shall be posted "No parking fire
lane" subject to review and approval of the Fire Marshal.
9. The amount of any fees appl icable to the project, including but not
1 imited to PAD, DIF and RCT fees, shall be those in effect at the time
they are collected.
10. The approval of a final map by the city Council will require compl iance
with the City's adopted threshol d standards to the sat i sfact i on of the
Director of Planning.
11. The developer shall be responsible for the construction of full street
improvements for all publ ic streets shown on the Tentative Map within
the subdi vi s i on boundary in conformance with the current Chul a Vi sta
Design Standards according to the following classifications:
CLASSIFICATION
East Palomar Street
Class I Collector
(except that the
roadway width,
centerline to
curbline, shall be
32 feet)
Nolan Avenue
Res i dent i a 1
Said improvements shall include, but not be limited to, asphalt concrete
pavement, base, concrete curb, gutter and sidewal k, sewer and water
utilities, drainage facilities, street lights, signs, fire hydrants and
transitions to existing improvements.
12. Prior to Final Map approval the developer shall grant to the City a
landscaped buffer area easements along all public streets. The width of
said easements shall be as outlined in the City's Street Design
Standards Policy.
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Page 4, Item :M
Meeting Date 7/16/91
13. Prior to Final Map approval the developer shall dedicate additional
right of way along the frontage of the property as follows:
East Palomar Street - to provide a half width street of 42 feet
Nolan Avenue - to provide a half width street of 28 feet.
14. The developer shall be responsible for the installation of the following
improvements to the satisfaction of the City Engineer:
1) A 100 watt street light at the north property line on Nolan Avenue.
2) Two 250 watt street lights on East Palomar Street.
3) Replace two existing 100 watt with 250 watt street 1 ights on the
south side of Palomar Street.
15. The drainage system across lots 11 and 13 shall be maintained by the
owners of said lots. Provisions shall be included in the CC&R's which
shall be approved prior to approval of the Final Map.
16. An erosion and sedimentation control pl an shall be prepared as part of
the grading plans.
17. Lot 1 ines shall be located at the top of slopes except as approved by
the City Engineer. 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.
18. Prior to approval of the Final Map the developer shall demonstrate to
the satisfaction of the City Engineer that the downstream sewer system
is capable of handling the additional sewage flow to be generated by the
project. The developer shall also enter into an agreement with the City
whereby the owner agrees to participate in funding of the necessary
facilities to provide downstream sewer capacity for those segments
already working over design capacity or which this development causes to
exceed City des i gn standards. Thi s agreement shall be executed by the
developer prior to Final Map approval.
19. The devel oper shall enter into an agreement with the Ci ty wherei n the
City is held harmless from any liability for erosion, siltation or
increased flow of drainage resulting from this project.
20. On the condition that the 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 development/appl icant shall
enter into an agreement, 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 of employees to
attack, set aside, void or annul any approval by the City, including
approval by its Planning Commission, City Councilor any approval by its
agents, officers, or employees with regard to this subdivision.
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Page 5, Item Jj)
Meeting Date 7/16/91
21. The boundary of the subdivision shall be tied to the California System -
Zone V 1.
22. 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.
23. 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 with 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 condit ions regul at i ng Cabl e 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.
24. Prior to approval of the Final Map, the developer shall submit a copy of
the 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.
25. The developer shall comply with all appl icable 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 Ordinances and Subdivision Manual.
26. The developer shall grant access and parki ng easements to the
satisfaction of the City Engineer to the subsequent owners of panhandle
lots 4, 5, 6, 7, 9, 10, 11 and 12. These easements shall be granted on
the final map in accordance with Section 18.20.150 of the City of Chula
Vista Municipal Code.
27. The applicant shall comply with a City-approved water use offset
policy. Said policy may require one or more of the following:
a. Compliance with a regional water use offset program, to be
administered by the San Diego County Water Authority.
b. Compl iance with a locally administered water use offset program
(such program may be administered by the City, water district, or a
combination of both).
~d-S
Page 6, Item 1J>
Meeting Date 7/16/91
c. Implementation of specific water use offset measures for this
project, if neither a regi onal or 1 oca lly-admi ni stered 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
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.
28. The CC&Rs shall contain a provision prohibiting the parking of any
RV-type vehicles (including campers, boats, and trailers) on any portion
of the lots including driveways.
FISCAL IMPACT: Not applicable.
WPC 9442P
J/;-'
RESOLUTION No.I(P~3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE TENTATIVE
SUBDIVISION MAP FOR EAST PALOMAR ESTATES,
CHULA VISTA TRACT 91-04 - WESTERN COMMUNITIES
ASSOCIATES
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, Western Communities Associates has submitted a
tentative subdivision map known as East Palomar Estates, Chula
vista Tract 91-04, in order to subdivide 3.3 acres at the
northeast corner of East Palomar street and Nolan Avenue into 13
single family lots; and
WHEREAS, the Environmental Review Coordinator conducted
an Initial Study, IS-91-35, of potential environmental impacts
associated with the implementation of the project and has
concluded that there would be no significant environmental
impacts, and recommends adoption of the Negative Declaration
issued on IS-91-35; and
WHEREAS, on June 12, 1991, the planning Commission voted
6-1 to recommend that Council approve the tentative map in
accordance with Resolution PCS-91-04.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby find as follows:
Pursuant to section 66473.5 of the Subdivision Map Act,
the tenta ti ve subdi vis ion map for Eas t Palomar Estates, Chula
Vista Tract 91-04, 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 project dens i ty of
consistent with Residential Low
du/ac) General Plan designation for
3.9 du/ac is
Medium (3-6
the site.
~I) _ 1
-1-
b.
Circulation
serving the
standards.
The streets
project are
and common drives
designed to Ci ty
c. Housing - The project will provide single-family
detached housing consistent with the surrounding
neighborhood.
d. Conservation - The site is previously disturbed
and not known to contain any natural resources.
e.
Park and Recreation, Open
will be required to pay
development fees pr ior to
map.
Space - The project
park acquisition and
approval of a final
f. Seismic Safety There are no known faults
within the immediate vicinity of the site.
g.
Safety The
standards with
and police.
site is within the threshold
respect to response time for fire
h. Noise The project will not create nor be
impacted by noise beyond the City's standards.
i. Scenic Highway
Scenic Highway.
The site does not adjoin a
j.
Bi cycle Routes -
Bike Route and
standards.
Palomar Street is a designated
will be improved to those
k. Public Buildings - The project is subject to RCT
and DIF fees at issuance of building permits.
4. pu rsuan t to Section 66412.2 of the Subdi vision 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.
5. The size and configuration of the site and resulting
street pattern do not allow for the optimum siting
of all the lots for passive or natural heating and
cooling opportunities without reducing the density
below that allowed under ~he existing zoning.
BE IT FURTHER RESOLVED
map for East Palomar Estates
conditions:
that the tentative subdivision
is subject to the following
tL;-f
-2-
(Note: Condi tion No. 27 has been amended from the one
considered by the Planning Commission to reflect the
Council's most recent direction with respect to water
conservation):
1. Any fencing or walls shall maintain a minimum 10 ft. setback
from the common drives, and the area between the fence/wall
and drive shall be landscaped and property maintained.
Fencing greater than 3.5 ft. high shall maintain the same
setback from the common drives as the dwelling without the
prior written permission of the Zoning Administrator. These
restr ictions shall be reflected in the CC&R' s for each of
the affected lots (lot #'s 4, 5, 6, 7, 9, 10, 11 & 12).
2. The CC&R's shall specify the responsibility of the property
owners to maintain the common drives, the landscaping
adjacent to the common drives and in and around the guest
parking areas, and the down-slopes along the easterly
boundary of lot #'s 11 and 13.
3. Landscape and irrigation construction drawings, including a
fencing plan for the areas ad jacent to the common dr i ves,
shall be reviewed and approved by the City Landscape
Architect prior to the issuance of any building permits.
Any developer-installed landscaping shall prescr ibe to
xeriscaping principles whenever possible.
4. The final screening design for the guest parking areas
should include a hard, permanent visual barrier (such as a
decorative fence) in conjunction with shrub groupings and
other plant materials. The plantable islands shall provide
a minimum 4 ft. plantable area within the planter.
5.
The common driveways shall
at their entrances subject
City Landscape Architect.
be treated with enriched paving
to review and approval of the
6.
The development
compliance with
19.22.150).
of
the
the panhandle lots
City's panhandle lot
are subject to
standards (CVMC
7. The CC&R's for the project shall be submitted for review and
approval and shall be recorded concurrently with the final
map. The CC&R's shall contain a prohibition against T.V.
and radio antennas and garage conversions. THe CC&R's shall
name the City as a party to the CC&R's insofar as the City
shall have the right, but not the obligation, to enforce the
provisions of the CC&R's relating to areas of public concern
such as, but not limited to, the maintenance of common areas
and the adherence to other ordinance regulations of the City.
t/)-9 -3-
8 .
The "hammerhead" design turn
parking fire lane" subject to
Fire Marshal.
areas shall
review and
be posted
approval of
"No
the
9. The amount of any fees appl icable to the pro ject, including
but not limited to PAD, DIF and RCT fees, shall be those in
effect at the time they are collected.
10. The approval of a final map by the city council will require
compl iance wi th the Ci ty' s adopted threshold standards to
the satisfaction of the Director of Planning.
11. The developer shall be responsible for the construction of
full street improvements for all public streets shown on the
Tentative Map within the subdivision boundary in conformance
wi th the current Chula vista Design Standards according to
the following classifications:
CLASSIFICATION
East Palomar Street
Class I Collector
(except that the roadway
width, centerline to
curbline, shall be 32 feet)
Nolan Avenue
Residential
Said improvements shall include, but not be limited to,
asphal t concrete pavement, base, concrete curb, gutter and
sidewalk, sewer and water utilities, drainage facilities,
street lights, signs, fire hydrants and transitions to
existing improvements.
12. Prior to Final Map approval the developer shall grant to the
City a landscaped buffer area easements along all public
streets. The width of said easements shall be as outlined
in the City's Street Design standards Policy.
13. Prior to Final Map approval the developer shall dedicate
additional right of way along the frontage of the property
as follows:
East Palomar Street - to provide a half width street of
42 feet
Nolan Avenue - to provide a half width street of 28 feet.
~-I()
-4-
14. The developer shall be responsible for the installation of
the following improvements to the satisfaction of the City
Engineer:
1) A 100 watt street light at the north property line on
Nolan Avenue.
2) Two 250 watt street lights on East Palomar Street.
3) Replace two existing 100 watt with 250 watt street
lights on the south side of Palomar Street.
15.
The drainage system across lots 11
maintained by the owners of said lots.
included in the CC&R's which shall be
approval of the Final Map.
and 13 shall
provisions shall
approved prior
be
be
to
16. An erosion and sedimentation control plan shall be prepared
as part of the grading plans.
17. Lot 1 ines shall be loca ted a t the top of slopes except as
approved by the City Engineer. 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.
18. Prior to approval of the Final Map the developer shall
demonstrate to the satisfaction of the City Engineer that
the downstream sewer system is capable of handling the
additional sewage flow to be generated by the project. The
developer shall also enter into an agreement wi th the Ci ty
whereby the owner agrees to participate in funding of the
necessary facilities to provide downstream sewer capacity
for those segments already working over design capacity or
which this development causes to exceed City design
standards. This agreement shall be executed by the
developer prior to Final Map approval.
19. The developer shall enter into an agreement with the City
wherein the City is held harmJ,ess from any liability for
erosion, siltation or increased flow of drainage resulting
from this project.
20. On the condition that the 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 development/applicant shall enter into an
agreement, 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 of
employees to attack, set aside, void or annul any approval
by the City, including approval by its Planning Commission,
City Councilor any approval by its agents, officers, or
employees with regard to this subdivision.
.2J; -II
-5-
21. The boundary of the subdivision shall be tied to the
California System - Zone VI.
22. 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.
23. 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 with 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 otherwise
notifies Developer. Said agreement shall be approved by
the City Attorney prior to Final Map approval.
24. Prior to approval of the Final Map, the developer shall
submit a copy of the 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.
25. 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 Ordinances and Subdivision Manual.
26. The developer shall grant access and parking easements to
the satisfaction of the City Engineer to the subsequent
owners of panhandle lots 4, 5, 6, 7, 9, 10, 11 and 12.
These easements shall be granted on the final map in
accordance with Section 18.20.150 of the City of Chula
Vista Municipal Code.
27.
The applicant
offset pOlicy.
following:
shall comply wi th a City-approved water use
Said policy may require one or more of the
a.
Compliance with a regional water
to be administered by the San
AU thori ty.
use offset program,
Diego County Water
p; -II-
-6-
b.
Compliance with a locally administered water
offset program (such program may be administered
the City, water district, or a combination of both).
use
by
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.
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.
28. The CC&RS shall contain a provision prohibiting the parking
of any Rv-type vehicles (including campers, boats, and
trailers) on any portion of the lots including driveways.
Robert A. Leiter, Director of
Planning
9057a
"'::0
Presented by
, C1ty Attorney
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\
THE crn' l. CHT)U Y1STA PAR11' DlSCLOSu. .J STATEMENT
Statement of disclosure or eerta!n ownership Interests, payments, or eampnlgn contributions, on all metters
which will requIre diserellolll!ry !ctJon on the part of the City Council, PlannIng Commission, Ilnd nil other
oWcill1 bodies. The following in!ofr:l!ltion must be disclosed:
1. Un the names ot all pe~son! hnving a finnncial interest In the contrncl, I.e., contractor,
subcontractor, material &ur>plier.
\~ESTERN COllMUNITIES ASSOCIATES
2. If Ill\Y persort Identified p\lTS\l!lntlo (1) above Is'l\ eorpor:.tlon or partnership, l!3t the names of all
Indlvldullls owning more thon 10% of the shllres in the corporuion or owning any p:mnership
inlorest in tho partncnhlp.
ROBERT c. S?RIGGS
DOUGLAS K. BRUNDAGE
3. It any person Identified pursuant to (1) nbove is non.p!ofit orgllnl7,ation or a trust, Ila! the names
of ..ny per;ol'l ul'Vin!! AI direCtor of the nun.profit organl:tatJon or pos trustl\e or beneiiclllI')' or
truslor of the trust.
DOES NOT AP?LY
4. Have you had morc than S250 worth of business transacted \~ith nny member of the CIty stnrf,
Boards, CommissIons, Committees and Council withln the past twelve months? Yes_
No L I! yes, ple~se lndicnte person(s~: (SEE ATTACHED)
S. Pletlse Idenlify eoch Ilnd every person, Including IIny Ilgents, employees, consultants or Independenl
contrnctors who you h!lve assisned to represent you before the City In this malter.
DON AYLES (E.R.B. EN~INEERING)
ROBERT C. S?RIGGS (WESTERN COMMUNI!IES ASSOCIATES)
6. Have you and/or your ofClcers or agents, in the aggregate, contributed more th!ln $1,000 to II
Councllmember In the current or preceding electIon period? Yes _ No JL.. If yes, stllte wl1lc:J
Councfln16mber(a):
(NOTe: AIt.~h adllltlolla11'Ises .. naec~snr)')
Dlltl:: June 5, 1991
c' club,fl'tl/tr/ln/ orgllllltnrlan, (Olporn/lolI,
nfill. dim/et or o/h.,. p~/il"/f/ mod;"",i..",
fUl.Wlls dcnned 51: 'AII)'fl!t!Mduol,fll'l'II, (c.pnrmtl'llrl.~, /"'111 l'mntrt, nSloc/mlon,
rI!(/{C, InW, ~cc/ytr. ~nd/cme, tMs rmd nil)! Ollltr cOlln/)!. r:/c)' nlld eOIln/7)\ c/I)\ /11111
or 1l1I)' ocher ~"P or combtnntton IIclilll( tIS n 11/1/1.'
S ASSOCIATES
rl1~tor/nj'>pllc\lnt
(,\.II,'.,\:blset.OSl!.Tl<'ll
'Robert C, priggs
Print or ), pe Ill1l1lc of cOl1tractM/npp!icant
IItwl...~; 11:'Uo'JO\
J.t; -Ir
MEMORANDUt
=========.
. Date: June 5, 1991
To Steve Griffin
Chula Vista Planning Department
From: Robert C. Spriggs
Re East Palomar Subdivision
Dear Steve:
-
\"7" KECE~~.Q_-
,JJN - 5 \99\
PLANNI~r-
I
,
~l
With regards to item 4 on the questionna de, I would like it to be of
record that Douglas Brundage and myself ~av, an ownership position
along with ther individuals in an apartment building located in the
City of Ch 1 'Vista with councilman David Malcolm.
v
j,t;. I if
negative declaration
PROJECT NAME: East Palomar Estates, 13-Lot Tentative Tract Map
PROJECT LOCATION: North side of East Palomar Street, south of Nolan Avenue
ASSESSOR'S PARCEL NO. 620-050-35
PROJECT APPLICANT: United Enterprises, Limited
7777 Alvarado Road, Suite 621, La Mesa, CA 92041
CASE NO: IS-91-35
DATE: April 18, 1991
A. Project Settino
The 3.3 acre site is mostly flat, and is surrounded by R-1 single-family
development with average lot sizes of approximately 7000 sq. ft. East
Palomar Street forms the southern border, Nol an Avenue forms the western
border, and residences occur along the northern and southern borders.
With the exception of a few grasses, the site is absent of vegetation.
Trail s cri ss-cross the si te and they appear to coll ect trash, and other
unwanted items, such as vehicle parts and shopping carts.
B. Proiect Descriotion
The project proposes 13 single-family residences: 10 of the lots are
between 7000-8000 sq. ft.; 1 lot is between 8000-9000 sq. ft.; and 2 lots
are over 10,000 sq. ft. The residences are 2-story, Mediterranean style,
and the landscape plan includes numerous tree, shrub, vine and groundcover
species. Existing 5 and 6 foot high fences would continue to form the
border between the adjacent residences to the north and east. The project
also proposes widening of Nolan Avenue and East Palomar Street to meet
City standards.
C. Comoatibilitv with Zonino and Plans
The R-I-7 zone requires 70 percent of the lots to be a mlnlmum of 7000 sq.
ft., and 20 and 10 percent of the lots to be a minimum of 6000 and 5000
sq. ft., respectively. The project is well above the minimum zoning
requirement. The General Plan designation is Low-Medium Residential, (3-6
dwelling units per acre). The project's gross density of 3.9 dwelling
units per acre and net density of 5.2 dwelling units per acre are within
this designation. The Project's 4 panhandle lots conform to the
requirement that no more than 4 lots may be served. The project 81 so
conforms to driveway and parking requirements.
,2/)-~
city of chula vista planning department 01Y OF
environmental review .ectlon CHUlA VISTA
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D. ComDliance with the Threshold/Standards Policv
1. Fi re/EMS
The Threshold/Standards Pol icy requires that fire and medical units
must be able to respond to calls within 7 minutes or less than 85% of
the cases and within 5 minutes or less in 75% of the cases. The City
of Chul a Vi sta has i ndi cated that thi s threshold standard wi 11 be
met, since the nearest fire station is approximately 1/2 mile away
and would be associated with a three-minute response time. The
proposed project will comply with this Threshold Policy.
2. Police
The Threshold/Standards Policy requires that police units must
respond to 84% of Priority 1 calls within 7 minutes or less and
maintain an average response time to all Priority 1 calls of 4.5
minutes or less. Police units must respond to 62.10% of Priority 2
calls within 7 minutes or less and maintain an average response time
to all Priority 2 calls of 7 minutes or less. The proposed project
will comply with this Threshold Policy.
3. Traffic
The Threshold/Standards Pol icy requires that all intersections must
operate at a Level of Service (LOS) "C" or better, with the exception
that Level of Service (LOS) "D" may occur during the peak two hours
of the day at signal ized intersections. Intersections west of 1-805
are not to operate at a LOS below their 1987 LOS. No intersection
may reach LOS "F" duri ng the average weekday peak hour.
Intersections of arterials with freeway ramps are exempted from this
policy. The proposed project will comply with this Threshold Policy.
4. Parks/Recreation
The Threshold/Standards Pol icy for Parks and Recreation is 3
acres/I,OOO population. The Park Service District within which this
project is located has an excess of 2.3 acres of parkl and over the
General Plan standard. The proposed project will be required to pay
Park Acquisition and Development fees in lieu of parkland dedication.
5. Drainage
The Threshold/Standards Pol icy requires that storm water flows and
volumes not exceed City Engineer Standards. Individual projects will
provide necessary improvements consistent with the Drainage Master
Plan (s) and Ci ty Engi neeri ng Standards. The proposed project wi 11
comply with this Threshold Policy.
6. Sewer
The Threshold/Standards Policy requires that sewage flows and volumes
shall not exceed City Engineering Standards. Individual projects
will provide necessary improvements consistent with Sewer Master
Plan(s) and City Engineering Standards. The proposed project will
comply with this Threshold Policy.
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7. Water
The Threshold/Standards Pol icy requires that adequate storage,
treatment, and transmission facil ities are constructed concurrently
with planned growth and that water quality standards are not
jeopardized during growth and construction. The proposed project
will comply with this Threshold Policy.
E. Identification of Environmental Effects
An initial study conducted by the City of Chula Vista determined that the
proposed project will not have a significant environmental effect, and the
preparation of an Environmental Impact Report will not be required. A
Negative Declaration has been prepared in accordance with Section 15070 of
the State CEQA Guidelines.
The following impacts have been determined to be less than significant. A
discussion of each of these less than significant impacts from the
proposed project follows.
Water
Due to recent drought conditions, as a condition of project approval, the
applicant must agree to no net increase in water consumption or
participate in whatever water conservation or fee off-site program the
City of Chula Vista has in effect at the time of building permit issuance.
The applicant shall enter into an agreement with the City providing for a
no net increase in water consumption or participate in whatever water
conservation or fee offsite program the City of Chula Vista or any other
public agency has in effect at the time of building permit issuance.
F. Mitiaation necessarv to avoid sianificant effects
The proposed project is not associated
significant environmental impacts,
mitigation will be required.
G. Findinas of Insianificant Imoact
Based on the following findings, it is determined that the project
described above will not have a significant environmental impact and no
environmental impact report needs to be prepared.
with any significant or potentially
therefore, no project specific
1. The project has the potential to substantially degrade the quality of
the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a plant or animal
comnunity, reduce the number or restrict the range of a rare or
endangered plant or animal, or eliminate important examples of the
major periods of California history or prehistory.
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The project site is surrounded by urban development on all sides, and
is absent of biological, historic or prehistoric resources. Thus, it
is found that the project will not have a significant impact on these
resources.
2. The project has the potential to achieve short-term environmental
goals to the disadvantage of long-tena environmental goals.
The 13-unit single-family residential project is in conformance with
the General Plan, and will fulfill development of this site as
envisioned by the City. It is found that the project will not
achieve short-term environmental goals to the disadvantage of
long-term environmental goals.
3. The project has possible effects which are individually limited but
cumulatively considerable. As used in the subsection, "cumulatively
considerable" means that the incremental effects of an individual
project are considerable when viewed in connection with the effects
of past projects, the effects of other current projects, and the
effects of probable future projects.
The 13-unit single-family residential project is an infil1 project
with urban development on all sides. The limited nature of the
proposed development coupled with the fact that it is a project which
fills in an area surrounded by development which has already
contributed significantly to cumulative impacts, results in the
finding that this project will not contribute to cumulative impacts.
4. The environmental effects of a project will cause substantial adverse
effects on human beings, either directly or indirectly.
The project will develop 13 residential units, which is compatible
with surrounding development. It is found that no substantial direct
or indirect, adverse effects will occur to humans.
H. Consultation
1. Individuals and Oraanizations
City of Chula Vista: Diana Richardson, Community Development
Roger Daoust, Engineering
John Lippitt, Engineering
Cliff Swanson, Engineering
Hal Rosenberg, Engineering
Bob Sennett, Planning
Ken Larsen, Director of Building and Housing
Carol Gove, Fire Marshal
Captain Keith Hawkins, Police Department
Shauna Stokes, Parks and Recreation Department
,tt;..t3
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Chula Vista City School District: Kate Shurson
Sweetwater Union High School District: Tom Silva
Applicant's Agent: Robert Spriggs, Western Communities Associates
2. Documents
"Report of Soil Investigation - 13-Lot Subdivision" 1991
3. Initial Studv
Thi s envi ronmental determination is based on the attached Init i a 1
Study as well as any comments on the Initial Study and the Mitigated
Negative Declaration. Further information regarding the
environmental review of the project is available from the Chula Vista
Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010.
~~Q.~
ENVIRONMENTAL REVIEW COORDINATOR
EN 6 (Rev. 12/90)
WPC 9157P
J~, 1.1./
FOR OFFICE USE
INITIAL STUDY
Case No. ",oS - 9/- _<s-
.Ei.e- <;"Vu ~- .9 -> ~
Receipt No. 9..s~~Y'"
Date Rec'd -::> "//.9/
Accepted by C--Y? o.
Project No. /:;-;-.5.;>/
City of Chula Vista
Application Form
A. BACKGROUND
1. PRnJECT TITLE 13 lot tentative tract map
2. PRnJECT LOCATION (Street address or description)North side of East
Palomar Street, between Nolan and Park
Assessors Book, Page & Parcel No. 620-050-35
3. BRIEF PRnJECT DESCRIPTION This is a 13 lot subdivision with aross
acreage of 3. 3-x acre. The existing zoning is R-1
(Residential) .
4. Name of Applicant united Enterprises, Limited, (Calif. Limited Ptnsp
Address 7777 Alvarado Road Ste. 621 Phone 16191697-4R77
City La Mesa State CA Zip 92041
5. Name of Preparer/Agent ERE ENGINEERING. INC.
Address 13260 poway Road Phone (619)278-1744
City poway State CA Zip 92064
Relation to Applicant Consultant
6. Indicate all permits or approvals and enclosures or documents
required by the Environmental Review Coordinator.
a. Permits or approvals required:
General Plan Revision
---- Rezoning/Prezoning
---- Precise Plan
---- Specific Plan
---- Condo Use Permit
---- Vari ance
Design Review Committee Public Project
X Tentative Subd. Map Annexation
X Grading Permit --- Design Review Board
---- Tentative Parcel Map ---- Redevelopment Agency
--- Site Plan & Arch. Review----
Other
b. Enclosures or documents (as required by the Environmental Review
Coordi nator).
Location Map Arch. Elevations
X Gradi ng P1 an Concept --- Landscape Pl ans
---- Si te P1 an ---- Photos of Si te &
---- Parcel Map --- Setting
---- Preci se Pl an X Tentative Subd. Map
---- Specific Plan --- Improvement Plans
---- Other Agency Permit or ---- Soils Report
---- Approvals Requi red ---
Eng. Geology Report
--- Hydrological Study
---- Biological Study
---- Archaeological Survey
---- Noise Assessment
---- Traffic Impact Report
Other
90-55
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B. PROPOSED PROJECT
1. Land Area: sq. footage 1437.48 or acreage 3.3 Acres
If land area to be dedicated, state acreage and purpose.
Nolan Avenue East Palomar Street Widening = 0.8 acres
2. Complete this section if project is residential.
a. Type development: Single family X Two family
Multi family Townhouse Condominium
b. Number of structures and hei ghts 13 single family units,
dwe11inq heights per city code.
c. Number 0 f Un its: 1 bedroom 2 bedrooms
3 bedrooms X 4 bedrooms X Total units 13
d. Gross density (DU!total acres) 3.9 DU!Acre
e. Net density (DU!total acres minus any dedication) <;_2 DU/Acre
f. Estimated project popul ation 48 persons (based on 3.7 persons per \D'lit).
g. Estimated sale or rental pri ce range unknown
h. Square footage of floor area(s) unknown
i. Percent of lot coverage by bui 1 di ngs or structures per code
j. Number of on-site parking spaces to be provided per code
k. Percent of site inroad and paved surface 24%
3. Co~plete this section if project is commercial or industrial.
a. Type(s) of land use
b. Floor area Height of structure(sl
c. Type of construction used in the structure
d. Describe major access points to
orientation to adjoining proper.
the
e. Number of on-site p 1ng spaces provi ded
f. Estimated numb of employees per shi ft , Number of
Tota 1
g. ted number of customers (per day) and basis of estimate
~~,tb
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i. Type/extent of operations not in enclosed buildings
h. Estimated range of service area and basis of estimate
j. Hours of operation
k. Type of exteri or 1 i ghti ng
If project is other than residentia
complete this section.
a. Type of project
b. Type of faci1iti provided
c. Square feet enclosed structures
d. Height structure{sl - maximum
e. Ul' ate occupancy load of project
Number of on-site parking spaces to be
Square feet of road and paved surfaces
or industrial
4.
N A-
provided
C. PROJECT CHARACTERISTICS
1. If the project could result in the direct emission of any air
po 11 utants, (hydrocarbons, sulfur, dust, etc. 1 i denti fy them.
None
2. Is any type of grading or excavation of the property anticipated yes
(If yes, complete the following: 1
a. Excluding trenches to be backfilled, how many cubic yards of
earth will be excavated? 10.000:!:
b. How many cubi c yards of fill will be p1 aced? Balanced cut/ fill
c. How much area (sq. ft. or acres) will be graded? 3.0 A.C
d.
What will be the - Maximum depth of cut
Average depth of cut
Maximum depth of fill
Average depth of fi 11
10 feet (Lot 13)
3
4
2
to,7.. 7
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3. Describe all energy consuming devices which are part of the proposed
project and the type of energy used (air conditioning, electrical
appl iance, heating equipment, etc.) Normal single family residential
a liance use. Gas and electr1cai ener supply as well
A~ solar water heat is anticipate .
4. Indicate the amount of natural open space that is part of the project
(sq. ft. or acres) None - The entire site has been disturbed.
5. If the project will result in any employment opportunities describe
the nature and type of these jobs. A] 1 construction trades associated
with residential and roadway construct1on.
6. Will highly flammable or potentially explosive materials or
substances be used or stored within the project
site? No
7. How many estimated automobile trips, per day, will be generated by
the project? lOx 13 = 130 ADT
8. Describe (if any) off-site improvements necessary to implement the
project, and their points of access or connection to the project
site. Improvements include but not limited to the following: new
streets; street widening; extension of gas, electric, and sewer
lines; .cut and fill slopes; and pedestrian and bicycle facilities.
D.
Street improvements involve widening of Nolan Avenue &
East Palomar St. All utilities are presently fronting the
project site.
DESCRIPTION OF ENVIRONMENTAL SETTING
1. Geology
Has a geology study been conducted on the property? No
(If yes, please attach)
Has a Soils Report on the project site been made? No
(If yes, please attach)
2. Hydro logy
Are any of the following features present on or adjacent to the
site? (If yes, please explain in detail.)
a.. Is there any surface evi dence of a shallow ground water
table? No
b. Are there any watercourses or drainage improvements on Or
adjacent to the site? yes
to,;' 1"
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c. Does runoff from the project site drain directly into or toward
a domestic water supply, lake, reservoir or bay?
No
d. Could drainage from the site cause erosion or siltation to
adjacent areas? No
e. Describe all drainage facilities to be provided and their
location. Drainage easements and storm drains will be provided
as required.
3. Noise
a. Will there be any noise generated from the proposed project site
or from points of access which may impact the surrounding or
adjacent 1 and uses? No
4. Biology
a. Is the project site in a natural or partially natural state?
No
b. Indicate type, size and quantity of trees on the site and which
(if any) will be removed by the project. None
5. Past Use of the Land
a. Are there any known historical resources located on or near the
project site? None
b. Have there been any hazardous materials disposed of or stored on
or near the project site? None
6. Current Land Use
a. Describe all structures and land uses currently existing on the
project site. The project site has existing zoning R-l
Residential. The pro;ect site at present is surrounded by
sinale familY dwellinq. The site has no structures.
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b. Describe all structures and land uses currently existing on
adjacent property.
South
Residential - Sinqle Family
x
North
East
x
West
x
7. S.ocial
a. Are there any residents on site? (If so, how many?) None
b. Are there any current employment opportunities on site? (If so,
ho\~ many and what type?) None
Please provide any other information which could ex edite the evaluation of
t e propose proJect.
This is an in fill project. All surrounding properties are presently
built-out.
P;,.3a
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E. CERTIFICATION
I,
or
Owner/owner 1n escrow-
I'~
Consultant
Consultant or Agent-
ftt[2
or
HEREBY AFFIRM, that to the best of my belief, the statements and information
herein contained are in all respects true and correct and that all known
information concerning the project and its setting have been included in
Parts B, C and 0 of this application for an Initial Study of possible
environmental impact and any enclosures for attachments thereto.
DATE: 11 /26/90
*If acting for a corporation, include capacity and company name.
to' J./
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Case No. :::cS-Qt-3S-
CITY DATA
F. PLANNING DEPARTMENT
1. Current Zoning on site:
North
South
East
West
?_ J
Does the project conform to the current zoning? ~S
2.
General Plan land use
oeslgnation on site:
North
South
East
West
Is the project compatible with the General Plan Land Use Diagram? ~~
~ -W\ e.o\\3W\
- e ~
R.
l.I.,)~(
Is the project area designated for conservation or open space or adjacent
to an area so designated? YES
Is the project located adjacent to any scenic routes? tV\3
(If yes, describe the design techniques being used to protect or ennance
the scenic quality of Chula Vista.) -
How many acres of developed parkland are within the Park Service District
of this project as shown in the Parks and Recreation Element of the
General Plan? 1/.S
What is the current park acreage requirements in the Park Service
Di strict? "{. z...
How many acres of parkland are necessary to serve the proposed project?
(2AC/l 000 pop.) q. z...
Does the project site provide access to or have the potential to provide
access to any mineral resource? (If so, describe in detail.) ttJ()
.
~- 3.2.
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3. Schools
If the proposed project is residential, please complete the following:
School
Current
Attendance
Current
Capacity
4.')'+
1l/56
\080-6
Students Generated
From Project
3.'1
:.(. '17
l. :5
Elementary p~ 4f)1
Jr. High Cast/fb.rk HJ. I~ IE;
Sr. Hi9hCQbtie7()f1::.~ ;;2,1'-10
4. Aesthetics
Does the project contain features which could be construed to be at a
variance from nearby features due to bulk, form, texture or color? (If
so, please describe.) tJu - S'-'':ljeLt" +0 deSL7V\ \f'O.J\e..oJ
5. Energy Consumption
Provide the estimated consumption by the proposed project of the following
sources: .
Electricity (per year)
Natural Gas (per year)
Wa ter (per day)
6. Remarks:
$/-33
a~
Date V
/ (, 11"1
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G. ENGINEERING DEPART}lENT
Case NO.Is-Qi_35
~i\e.. Ys-'t7't
1. Drainage
a. Is the project site within a flood plain? ~o
b. Will the proj~ct be subject.to any eXisting flooding hazards? ~
:
c. Will the project create anY:flooding hazards? ..dtl
d. What is the location and description of eXisting on-site
drainage facilities? Brow ~ JI9"e.,.,P <,-4-",<,; ~;:;;;~ ,.,~:
,ftl~+ \c~~J. a+ ~k "._~~~,,- e~ ~:~ ~_ __ _ ___()___ p .
e. Are they adequate to serve the project? lif::r";l.1\ . dr"'fl~~ s-l-ud-c
-h> be. -S...bl'\'-I-kd. .....4l... ~~()Il~""~4'r",-:."~ f' ~..~ .s...~\ A6d.r<.<, r
f. What is the location and description of existing off-site *"... l!o$"'':'
drainage faCilftieS?~s:r;'!_: ~~~.~":,~"~~:.:J.:;r
1C:...-+~I,,_-.....<.t. 70 .. .,~ _1___,,:" _ ~'______I c._rb~
.,...+ or AI",,,,,! t'4....0MA-r +.
g. Are t'};y adequate to serv.t the project? lJ~ I(r "'~ ~ dr"""'(:l s4..d"(
-\-0 ."- ~v~l1';:,,<ts""-4-~ ~';'~Ou"-IY\<-N+<,!a ....j f ~ oS':....1I
Transportatlon . J
2.
a. What roads provide primary access to the project? 1;4~+ F'41"~Ar
SI-.
b.
What is the estimated number of one-way auto trips to be
generated by the project (per day)? 1'2,0
c. What is the ACT and esti~ated 1 evel of service before and after
project completion?
Before After
A.D.T. Z 41?C> z(;" (')
L.C.S. A A
d. Are the primary access roads adequate to se rve the project? y~~
I f not, explain briefly.
e.
Will it be necessary that additional dedication, widening and/or
improvement be made to existing streets? y~..
If so, specify the general nature of the necessary actlons.
~ ::-fl'''''<!''WI.I--d-<.: t'u".~~...+l."'I...:J..u~11<: I p""",-~+,
Q...~ 'S \---\ ll,.ts. 'S+4'ect .l~.L:_~:.", ~C'l..:..c" 4c. r...\I'....le
,..&I..~. .of". .....y oAr Cl....'S::c. -Ucc..+e,.P 9+......T 0.... ?^Lo"",,'"
cst. (~O'~... ~ "'"' 'I'E). Nol-... I\~. ('C,;el-+:.e ('1-'3' ~....~ 4. ~).
See c:.v.'P...~. 70-SSc>.
p~JY
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3. Geoloay
Case tlo. ~""i-ql-35
a. Is the project site subject to:
Known or suspected fault hazards? U'" 1.::"'0........ I l""'<!!"'''J''''-
~P""+ ",..+ Sll.~_\"'-.J..
li que facti on?, Il.... "-....~" \.c;p: \6 12'.. f"'"rt ",...+ ';u. "",_: ~.I.
Landslide or slippage? ~"o...n.
b. Is an engineering geology report necessary to evaluate the
project? :rF n-..~~_..._.J.....L \0>>, <"t!l~15 ~~.."'........,
4. Soil s
a. Are there any anticipated adverse soil conditions on the project
site? .u"'l::.II\I\....."') ~..:'5 Rl!.f.....~ "'0-+ ~"'''''_\~~
b. If yes. ~Ihat are these adverse soil condi ti ons? ...Jd..n~....... '"
c. Is a soils report necessary? y~s
5. Land Form
a. Hhat is the average natural slope of the site? 2./1'"J
b. What is the maximum natural slope of the site? "2. 70/b
'--1;". .'., tJoise
Are there any traffic-related noise levels impacting the site that
are significant enough to justify that a noise analysis be required
of the applicant? No
,20- 3S-
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7. Air Quality
Case No. :rs-ql-~S
If there is any direct or indirect automobile usage associAted with
this project, complete the Following:
Total Vehicle
Trips Erni ss i on Grams of
(per day) Factor Pollution
CO I~O X 118.3 . 'S,~7"
Hydrocarbons 1'50 X 18.3 . z.,~7<J
1lOx (N02) ISO X 20.0 = z., (,00
Particulates ,~o 'I 1.5 . I C! S
Sulfur ISO X .78 . 101
8. Waste Generation
How much solid and liquid (sewage) waste will be generated by the
proposed project per day?
Solid ~"+l Lbs. Liquid ~~'fO B"t.
"hat is the location and size of existing sewer lines on or adjacent
to the site? g"sI"Wl!t" in ~ 'P"'\o_"'r~. ..pl"....:~ .....~,~.
9.
Are they adequate to serve the proposed project? __~o
Public Facilities/Resources Impact
If the project could exceed the threshold of having any possible
significant impact on the environment, please identify the ~ublic
' facilities/resources and/or hazards and describe the adverse impact.
(Include any potential to attain and/or exceed the capacity of any
public street, sewer, culvert, etc. serving the project area.)
~..0",I"'''5 ,,.; .:r".."l",-\-1.l'\- IId~..1 -61( $-k.r
'"">1' <OA .~ ....J.,." ( Q.. '" {......., "-
+v... ~ hI", 011-.
Remarks/necess~ry mitigation measures
. . .
l
~?/.
~
~
.
I.
~, rl},Mit,t
3a., ~
Date
p~311
~. :\/"
V
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H. FIRE DEPARTMENT
Case No. /.5 7/- J..r-
1. What is the distance to the nearest fire station and what is the Fire
Departr.lent's estimated reaction time? 1/2 Mile. Three 1linutes.
2. Will the Fire Department be able to provide an adequate level of fire
protection for the proposed facility without an increase in equipment
or personnel? Yes.
3. Remarks fire hydrants, fire apparatus turnarounds anJ fire flow have
been tal J t'tI out on pn:V101" suhllllll.d s. 1" n
'1 T0 C'IKI rtm011t l'cnu i relllcnts
1l.1\'C hcC'n satisfied for thc :lhovc rcouirclncnts.
t'. 1~ ~n
tlre "lar~al
'I- 3105
2/26/91
Date
~..37
. -"~--- .-----.-
-13{a)-
Case No. :rs, q1-~5'
H-l. . PARKS & RECREATION DEPARTMENT
.
1.
Are existing neighborhood and community parks near the project
adequate to serve the population increase resulting from this
project?
Neighborhood
Community parks
t.Io
No
2.
If not, are parkland dedications or other mitigation proposed
as part of the project adequate to serve the population increase?
Nei ghborhood ~ ~
Community parks \'~ ~"t"').
Does this project exceed the Parks and Recreation Thresholds
established by City Council policies?
NO
3.
_~~ ~ 'b'~.
Parks and Recreation Director or
Representative
~ ''Z'-1\.
Date
,20 ' 3J1
';:1:~~
.""'"'~;'<'''
."- ............._.............,'-...4_...hol.t....................~~~&...71. '. ...,..:!t'.....
. . ..;............<:.... .'. i :'!._;:..:..:.~
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[tAlVATlCIll f1F POttllTUL [ftt_IITAl III'ACTS
CASE MI.
",,-
It. CeIIld tH ,raject ....,t tl:
A It",tltC.lt c...... tft 4llllftttl1 01' 4lUI1t11
of lround Wlter? .
A It",tltClnt .,t....UOllIlf dlrectl. or ..to
of flaw of lround IIIter'
",., otIIer It",tllc.lt .ffect .. ...... IIIl1f1
4. Drlf",,"
.. Is tile ,raject In. _ject to t....Uon!
It. Caul. tile ,roject I'IIlIlt tl:
A If",tftc.nt c....... tft .blorptfon r.tel.
dr.I",," Pltteml or tile r.te of _t 0'
lurflce I'IIIIClfn
.
I. An.I,lts ('....1.. tn Slctlon oJ .n 1.,loIllUOlI of IIftllltlan ,ropoled far
.11 Itlnfflclnt or patontl.'I, It",fflc.nt t~ICtl.)
!!! PDttllTtAl 110
1. Coal_
.. Is tH ,roject 1ft. luIIJect to .IIJ luIIltlnU.,
""Irdl. luch .1 e.rthqultel, '.ndlltdlnl, or
ltquef.ctlon? -
b. Cauld tH project ..sult In:
Sf",tlfc..t ....tIIIl. IIrth ClIIldltt_ 01'
~ chl..el t. ...Ioglc.' lubst_ture?
A II",tlfc..t _"tc.Uon of .IIJ .tquo
, IlOloglc.l f..turel?
\b.\ [apaIU... IIf po.,le or ,raportJ to It",tftC..t
-...l\ lIologfc ""lrdS?
2. 50111
.. Doll tH project In, ClllItot. .,,; iOn I "Mch
.... ..,..she, .11wf., or hllhl, erodible'
b. CeIIld tile praject I'IIlIlt II:
A It",Ufc..t fnere... t. tIlnd or IIIter
. erollon of salls, ,fther an or aff-Ifte?
A Itl.tffc..t IIOUht of III totton'
3. II'OUlId V.ter ~
.. ts tile ,roject Itte _ or ...r .IIJ
ICcllltbl. lround IIIter resourcll'
; -14-
.......-
v-
v-
11ft tneroose t. ....ff Iteyond tile clPICfl1'
of .IIJ ..tur.I ...tlr-..., or "_do f.cllll1
.1 tiler _sfto or clalmltre'"
Alter.tlOlll to tH COlIrII 01' flow IIf flood
...ters?
en..... t. _t of lurfeco .ter t. IIIJ
...ter badJ' .
t.pal.... of PIOPl. 01' ,~ to IIIter
rel.ted "'Urdl luch II, flOOding or tldel
......?
.,/'"
,,/
-
L 'I.
/
lelCMlrCel
Cauld tile project Nil" t.:
.
Ltllftlng ICCIII to on, It,.fflc..t
.Iner., relourc.1 ....tch c.. be
ecanonlc.ll, o.tracted'
llIo II",Utc..t I'Iductlon .f ClII'NlItl, or
patontl.ll, 'reductl.. .grfcoltur.t '.nds?
.. lond F...
Cauld tile project ...Iult tl . ....to.tt.I chi.,.
tn topogr.,hy or lround IUrfaco relief felturesl
-15-
""" .~..~. ..... -
"
!!! PlIItIlTtM. !!!
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-
---
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........-
-
t/'"
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-
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-
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-
-
1/
-
,
. .
v
.".....-
-
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fl.,. .
m POTE1lTIAL !!!! m POTtITIAI. !!
b. Is tile project Inconsistent with tile 16. ~
CGOprehensl.e Reglon.l Plan? ~ Could tM project result In:
13. AestheUcs
lIosteful. lnefffclent or un_esu.., conS....UolI L.--
a. Could tile project result III: of energy? , '
Detradotlon 0' c_1 t7 oestheUcs bJ A Significant ,"crease III deNnd on existing ,.....-.
l-ooslng structures. colors. fonos or lights sources of energJ?
"ldelJ .t varhnce lffth pre'olllng c_nltJ ...-- A 'allure to conserve energy. water Or otlle~
standards
resourc~s1 ".-
ObstrucUon 0' onJ scenic .Iew or .IsU -
V- ,
open to the publlef 17. Utilities
1I1l1 tM proDOsol resul t III a "" light V Could the project result III a IIfed 'or "" sJs~
source or glore? or olternotl.es to the 'allowing utilities:
14. ~ P_r Or natural 90S ....-
C....nlc.tlons sJstelS --
~ .. Could tM project result III: 1Ilter ....-
Sewor or seotlc t.nts 0::.-
\ TM dlsploceoent 0' residents or peopll Solid waste & dlspos.l :E-
-c:::.. _loJed at tM sfte? V- 18. H_n He.lth'
-
A slgnlffcant change In denslt7 or growth -- Could the project result III tM creoUon 0' .IIJ
r.tl In tM ore.?
he.lth haz.rd or DOtentl., he.lth hazordT c---
The substontl.l deNnd 'or additional housing ,.....- 19. Tr.nsDOrt.tlon/Acclss
or .ffect exlsUng housing? -
15. C.....ltJ In'r.structure Could the project result fn:
.. Could thl project Inhibit the .bl1ltJ 0' the A slgnlflc.nt change III IKlltlng traffic
urb.n support SJStM to pro.lde adequate ",- p.tterns? L--
sUPPOrt for the c....nftJ or this project?
Could tile project res.lt In a deterlor.tlon - An Incre.so In tr.rrlc that coold sabsUnU.nJ -
b. l_r the servlcl level 0' .nJ street Or hlg....J
of .nJ of tM 'allowing services? below .n .ccept.bll level? ~
F'I re Protection ~ ZO. ..tur.l Resources
Pollee Protection -
Schools J2""'";;;::-- Could the project res.lt fll a s.sUIIU., ~
Ports or Recreational F'acllltlls depletion 0' non-re.....bll lI.turol resaurclS?
M.lnton.nce 0' Public F'.cllltles
InclUding ROOdS !C'
-18- -19-
.'
,
21. Ifst of Des.t
Wfll propos.ls f...I..:
.. A rflt of .. ..plosfo. or the ..I.n. of .'"
hu.rclous subsune.s (tneludlng, but not
11.lt.d to, oil, p.stlcldes, ch..lc.ls or
r.dl.tlonl In the ..Oftt of .n .ccldent or
ups.t condition?
b, 'oSlfbl. fnt.rf.nne. with .n ......nc,
pl.n or .n ...rg.ne, ...cu.tlon pl.n?
ZZ. Grewth Induc....t
Could the IInlc. .......f....nts of the project
result In second.ry proJoets th.t ,""uld h... .
growth InducIng Influ.nc. .nd could h... .
cUlUl.tl.. .ffect of . slgnlflc.nt 1...I?
23. ""n..tory Ffndlngs of Sfgnfffc.nc.
..
~
~
\ b.
~
lion the proJoet h... . pot.nthl to degr....
the ...1fty of the .n.fro_t. or curt.ll
the dl..rSlt, of the .n.lro...nt?
..~ ".
Dots the .roJect h... the pot.nU.I to
.chl... short-t... to the dfs.d..nug.
of long-t... .n.lro...nUI 9011I? II. short
t... f.,.ct on the .n.I.....nt Is _ ""Ich
occurs In the rel.tl..ly brl.f, deflnltl..
perfOd of U.., ""Ill long-t... I_cts
will .noure well fnto the future.,
c. Dots tho .roJect how. f_cts which .,..
Indl.fou.ll, ll.lt.d, but cUlUl.tl..ly con-
slder.bl.? IC..vl.tl..ly conslder.bl. ...ns
thlt the fnc....nt.I .ffects of .n Indhlou.1
.rOJect .r. consldenbl. when .f_d In connec-
tion with the .ff.cts 0' o.st project, the
.ffects of oth.r currOftt proj.cts .nd the
.f'ectS of .rob.bl. future .rojects.'
d. lion the project how. .n.I_.ul .ffects
""Ich will c.us. Subst.ntl.l 'd..rs.
.ffects on h.... ..Ings, elth.r dlrectl, or
Indtrectl,!
-20-
m PO'ltlfrIAL !!
...--
.........-
...--
_..k _
"...--
-,
,
.
.
.11 .
<I. 'ROJECT Il[YISIIIIS . MITlGATI. IlrASUllrS
.
11Ie follow'ng proJect ...h'o., or .'Ug.Uon Mnun, hi.. ....
Incorpor.t'd 'nto the project .nd w'l1 be I.,I_.t.d dur'ng the
d,slgn, construct'on or oper.t'on of the proJ.ct:
,
proJect proponent
wte
-21-
~
,
Q
~
,
.- .-....
.
,
.
K. DETERMINATION
On the basis of this initial study:
It is recommended that the decision making authority find that
----- the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION is hereby forwarded to
the decision making authority for consideration and adoption,
~ It is reconnended that the decision making authority find that "
although the proposed project could have a significant effect on
the environment, there will not be a significant effect in this
case because the MITIGATION MEASURES described above have been
ADDED to the project and a MITIGATED NEGATIVE DECLAR.'.. ; is
hereby forwarded to the decision making authority for'
consideration and adoption,
. ,
It is found that the proposed project MAY have a Significant
----- effect on the environment, and an ENVIRONMENTAL IWACT REPORT is
required to evaluate the issues identified in this Initial Study,
It is found that further tnfonnation wt1l be necessary to
----- determine any environmental significance resulting f~ the
project and the technical information listed below is required
prior to any determination,
~ II. I~'?/
Dater - ~ "'
WPC 0169P
-22-
."
.
L. DE MINIMIS FEE DETERMINATION
----(Chapter 1706, Statutes of 1990 - AS 3158)
~
.
~It is hereby found that this project involves no potential for
.'any adverse effect, either individually or cumulatively on
wildlife resources and that a .Certificate of Fee Exemption"
shall be prepared for this project.
It is hereby found that this project could potentially impact
wildlife, individually or cumul.tively and therefore fees in
accordance with Section 711.4 (d) of the Fish and Game Code
shall be paid to the County Clerk.
flf2J
o/-;!-q/
jp,(/ ~
Sweetwater Union High School District
ADMINISTRATION CENTER
"30 ~I"H AVENUE
CHULA VISTA. CALIP'()tItNIA 8Z0"
C61') .11-5553
~ rn @ rn 0 ~1 ~fr\:'l
I Wn 1991 iw
~NNING Dl:I'ARTMEI'lT
March 6, 1991
Mr. Douglas D. Reid
Environmental Review Coordinator
Planning Department
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91910
Dear Mr. Reid:
Re: East Palomar Estates - 13 lot Subd1v1s1on
15-91-35 - Un1ted Enterpr1ses
The above subject project will significantly impact the
Sweetwater Union High School District's operations. It has been
found that the payment of the district's share of $1.58 per square
foot of habitable space does not. meet the needs created by new
development. In fact, this project's impact of four students
would cost the district $49,232 1n permanent facility costs. If
the dwelling unit area for each unit is at or above 4,300 square
feet, then the collection of fees would mitigate the project's
impact.
It is doubtful that this subdivision would comprise a housing
mix of that size; therefore, I am requesting that this project's
impact to the district be mitigataed by its annexation into
Community Facilities District No.5. Please advise the applicant
of our concern so that discussions for the processing of this
request may begin.
If you have any questions or comments, please call me.
S1Yjrely,
//M'J1 ~'-
Thomas Silva
ec: Thomas Meade
Kate Shurson
j./J ..l/ {""
IOARD OFEIlUCATION
JOSEPH D. CUMMINGS. Ph.D.
LARRY CUNNINGHAM
SHARON GILES
PATRICK A. JUDO
GREG R. SANDOVAL
IUPERIIlTtNDENT
JOHN F. VUGRH. Ph.D.
CHULA VI' "A ELEMENTARY SCHor"!", DISTRICT
84 EAST "J" STREET . CHULA VISTA, CALIFORNIA 92010 · 619 425-9600
EACH CHILD IS AN INDIVIDUAL OF GREAT WORTH
February 27, 1991
RECEIVED
Ms. Barbara Reid
Environmental Section
city of Chula Vista
276 Fourth Avenue
Chula vista, CA 91910
IJ,tlR - I 1991
PLANNING
Re: IS-91-35 / FA-521 / DP-826
Applicant: United Enterprises Limited
Location: North side of .Bast Paloaar, between Nolan
and Park
Project: East Palomar EstateSfProposed 13 Lot
Subdivision
Dear Ms. Reid:
This is to advise you that the East Palomar Estates project,
located on the north side of East Palomar, between Nolan and
Park, is within the Chula vista Elementary School District
which serves children from Kindergarten through Grade 6.
District enrollment has been increasing at the rate of 4 - 5
percent over the past several years, and this is projected
to continue. Permanent capacity has been exceeded at many
schools and temporary relocatable classrooms are being
utilized to accommodate increased enrollments. The District
also buses students outside their attendance areas, both to
accommodate growth and assist in achieving ethnic balance.
Currently, a developer fee of $1.58 per square foot of
assessable area ($ .70 for Chula vista Elementary School
District, $ .88 for SWeetwater Union High School District)
is assessed for new residential construction and
additions/remodels of over 500 square feet.
Since developer fees currently allowed under State law
provide approximately twenty-five percent of the facilities
costs to house new students, the District encourages
developer participation in alternative financing mechanisms
to help assure that facilities will be available to serve
children generated by new construction. We are currently
utilizing Community Facilities Districts (CFD'S) as one
method to help fund this shortfall. Participation in a CFD
is in lieu of developer fees, with school mitigation paid by
the homeowner in the form of a special tax. Residential
projects of 20 units or more west of the I-80S, and all new
development east of the I-80S, are recommended for
participation/annexation in a CFD. other smaller projects
are also given the opportunity to mitigate school impacts
through annexation in lieu of fees.
~{)..'I~
('
("
.." ..'; t.:
MAIL TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
Attn: Doug Reid
t
, ~ J,..u~......L m
APR 3 0 1991
NOTICE .. , 99J.:~__
OF PROPOSED NEGATIVE DECLARATION .' .' 0
(FINDING OF NO SIGNIFICANT ENVIRONMENTAL IMfACT)
.
l
",
~
.,.. .
NOTICE IS HEREBY GIVEN that the City of Chula Vista is considering a
recommendation that the project herein identified will have no significant
environmental impact in compliance with Section 15070 of State CEQA
guidelines. A copy of the Negative Declaration (finding of no significant
impact) and the Initial Study, which supports the proposed findings, are on
file in the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista,
CA 92010. These documents are available for public review between the hours
of 8:00 a.m. and 5:00 p.m., Monday through Friday.
Anyone wishing to comment on the proposed Negative Declaration should provide
their written comments to the Chula Vista Planning Department, 276 Fourth
Avenue, Chula Vista, CA 92010.
This proposed finding does not constitute approval or denial of the project
itself; it ~ determines if the project could have significant environmental
impact. P'i'QJ'ects whi ch coul d have si gni ficant impact must have an
Environmental Impact Report prepared to evaluate those possible impacts in
compliance with Section 15064 of State CEQA Guidelines.
If you wish to challenge the City's action on this Negative Declaration in
court, you may be 1 imi ted to rai si ng only those issues you or someone el se
raised in written correspondence.
,
For further informati on concerni ng thi s project, incl uding publ i c heari ng
dates, pl ease contact Maryann Mil1erat (619) 691-5101.
Thi s noti ce is requi red to be fi 1 ed wi th the County Cl erk I s offi ce for a
period of not less than thirty ,(3D) days.
ASSESSOR I S PARCEL NUr1BER: 629-050-35
PROJECT LOCATION:
PROJECT DESCRIPTION:
North side of East Palomar, south of Nolan Ave.
Proposed construction of 13 single family
residential lots.
DECISION MAKING AUTHORITY:
I1HTIAL STUDY 110. IS 91-35
Chula Vista Planning Commission
DATE:
EN 7 (Rev. 1/90)
WPC OOOGY
4/26/91
~,~
I'JLaD D' I'D .
omcm 01' 'I'D OOUAt'l"1' OL1IRE
8AJlJ DIJIICJO OOUJr1'T OJr 1 .
POS'l'BD APR 3 0 1991 J!,JMQVU MAY 3 0
UT111UlBDTOAGDCTO. ,c:;/:n /9/
D.P~ '
~
~{) ~ 41
RH IVED
\\p;nr.....
".
CO"~\~l:""irl( ~
~:-; - 9 1991
A5~('(!J.H~
PLANNiNG
-; ; :; ~: \ :,' '" I )~l :.ll
~U'T! h.;:
April 4. 1991
~:, ','[ ,~,,~ .\-,; ~,.:!
LoIl',(,'--",,::,!;
Irene J. White
P.O. Box 6000
San Diego. CA 92166
~ar Ms. White:
I am the builder of the 13 homes that is proposed for East Palomar
Street.
The City of Chula Vista has forwarded your letter regarding some
concerns that you might have. It would be my pleasure to meet with
you and discuss these issues.
I think that you should know that the size lots are veil within the
existing zoning and thst the ssles price of the homes will be in
excess of $215.000.00.
With regards
minimize the
will be done
planting.
to the privacy factor. we are making every attempt to
future development's presence to your property. This
with heavy emphasis on privacy fencing and landscape
Please call
more detail
at (619) 697-4877 if you would like to review in
landscaping and architectural plans.
WESTERN
Robert
RCS:ck
cc: Douglas D. Reid
Environmental Review Coordinator ./
~,t.{k
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....l"C:h ~,1991
. ~. J
^
Doug1a. D. Reid
Environmental Revi.w Coordi....tor
P. D. BOll 1087"
Chu1a Vista, Ca 92012
Dear 8ir.
I have reviewed the proJect description on ~ile at the
Chula Vista Planning Dept. known as Palomar Estat.s.
80m. o~ that acreage boarders my property. While I
would welcome single ~ami1y homes built upon the acreage
in question, I do have some concerns.
Thirteen (13) homes on 3.3 acr.s allows a higher density
th.n currently ellists in the surrounding COMmunity and
may adversly a~~ect the property values o~ the
neighboring homes. The eKisting homes have one third
(1/3) acre lots and are valued ~rom .130,000 to over
.200,000.
The probable visual impact of decreasing or totally
obliterating the view o~ MeKico ~rom the upper windows
will devalue my property as well as the properties
either side of mine.
\.
The plans call ~or hammerhead type parking. Two o~
which abut my land. The lights o~ vehic1.s and noise
~rom the parking areas will impact on the quality o~
li~e o~ at le.st three (3) ~amilies
The water problems are serious and will continue long
into the ~uture. One way to help alleviate the
shortages is to curtail high density building in all
area. for the good of all p.op1..
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P8bruary 27, 1991
lis. Barbara bid
Page 2
RE: East PalOllar
"
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'!'he ~jectproject, i.located .il1 'the PaIOllar School
attendance area. '!'his &chool is 'presently operatinq at
capacity, and an alternative financinq _chanis., such as
participation in or annexation to a ca.aunity Pacilities
District is r8COl11tended. Xf you are interested in annexinq
to CFD 110. 5, please let us know as soon as possible, and we
will forward our annexation criteria to }'Cu.
If you have any questions, please contact this office.
Sincerely,
\) '-~f\h.~
~~-
Kate Shurson
Director of Planninq
KS:dp
cc: United Enterprises Limited
ERa Enqineerinq, Inc.
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Planning Commission
-4-
June 12, 1991
ITEM 3:
PUBLIC HEARING: PCS-91-04 - CONSIDERATION OF TENTATIVE
SUBDMSION MAP FOR EAST PALOW.R ESTATES, CHULA VISTA
TRACT 91-04 - United Enterprises, Limited
Assistant Planning Director Lee gave the location of the site and a description of the land uses
in the immediate vicinity. He noted that each of the two panhandle areas would be required to
provide three off-street parking spaces in addition to their two-car garages, and noted other
conditions in the report. Staff recommended approval subjf ct to the conditions and findings
listed in the report. Mr. Lee said that traditionally the app.' .cant would be required to reach
agreement with the Chula Vista and Sweetwater Union School Districts relating to adequate
school facilities prior to approval of [mal map. On this particular project, the applicant would
either be paying the school fees or participating in a Mello-Roos.
Chair Grasser Horton asked whether "enriched paving" was decorative paving. Mr. Lee
answered that it was to identify the entry areas as awmmon drive, and there was a variety of
different types of material which could be utilized.
In answer to Commissioner Decker's query, Mr. Lee said the maintenance of the paving was
handled by the homeowners directly affected by that. Most of the area would be concrete except
for the use of the decorative material at the entry.
Commissioner Martin was concerned with threshold standard compliance regarding parks and
recreation. Assistant Director Lee answered that the environmental review process reviewed the
amount of park acreage in existence in a given service area. In this case, the applicant would
pay the park fees which would provide community parks as opposed to a neighborhood facility.
Commissioner Martin was interested in which park the subdivision would use. Several parks
were mentioned; however, Mr. Lee said no additional park acreage would be dedicated.
Commissioner Carson asked the approximate size of the lots which surrounded the project. Mr.
Lee answered that they were zoned R-l, typically in the 7,000 sq. ft. range; however, there
could be some larger lots near the end of the cul-de-sacs. In the project, none of the lots were
below 7,000 sq. ft.
Commissioner Carson was concerned that there was no condition regarding water in the
Negative Declaration, on page 3. Mr. Lee said the project was located in the Sweetwater
District, and Council had indicated they wanted staff to proceed working with the Water District
to arrive at a solution, regionally and Countywide. Council had not proceeded with any specific
conditions relating to the smaller subdivisions and individual lots. There had not been a fee
established .
Commissioner Carson concluded that without a condition regarding water, if a project was
developed, they would not have to offset. She asked if a condition regarding water could be
added, then removed if Council decided to proceed with a requirement for an offset program.
,to ~ ~ 7
Planning Commission
-5-
June 12, 1991
Mr. Lee said an offset program could be implemented at building permit s~age and did not have
to be a condition of the map. Typically, a tentative map takes approximately 6 months before
a final map is ready for recordation. Mr. Lee said building would take place at a minimum of
8 months. The water issue should be settled by then.
Commissioner Decker asked if the Design Review Committee would insist on some form of
xeriscape without it being a recommendation. Assistant Director Lee answered that it would be
decided by the City Landscape Architect. If the Commission wished to have an emphasis on
xeriscape in the smaller subdivisions similar to that which had been impos..d on the larger scale
subdivision, that could be a condition. Unlike the larger subdivisions, there would be more
individuals providing the landscaping.
Commissioner Casillas was concerned about the role of the City ,:IS a party to the CC&Rs. If
the City did not have an obligation to enforce the CC&Rs as they related to ordinance
regulation, who would enforce them. Assistant Attorney Fritsch answered that the City had a
right to enforce them, but was not obligated to. She felt the col1dition gave the residents an
additional civil remedy so that, if necessary, they could actually enforce the CC&Rs themselves,
but does not detract from the remedies the City already has. The City already has ordinances
speaking to those issues.
Commissioner Fuller asked if, under the Negative Declaration, the applicant must agree to no
net increase in water consumption or participate in whatever water fee offsite program the City
has in effect at the time of building permit issuance. It wouldn't need to be added as a condition
of approval.
Mr. Lee said each document is reviewed at the building permit stage to see if they are in
compliance with the Negative Declaration or Mitigated Negative Declaration.
This being the time and the place as advertised, the public hearing was opened.
Don Ayles, ERV Engineering, 13260 Poway Road, Poway 92060 representing the developers,
said it was their understanding that by the time building permits were ready to be issued, they
would have to comply. They had agreed to comply with the ordinance in effect at the time.
Regarding Conditions "I" and "m", he asked that the dedication to the City for street widening
and easements be part of the map rather than a separate document. He requested that the
wording"... or as dedicated on the map" be added after the words "separate document." Mr.
Ayles asked for approval of the project.
Answering Commissioner Decker, Mr. Ayles said they did not any object to using xeriscape
whenever possible.
Therese A. Petermichel, 1300 Park Drive, Chula Vista spoke in favor of the project. She
reported some of the problems the neighborhood had experienced with the empty lot. Ms.
Petermichel said the park behind the cul-de-sac was dangerous; there was a recent fire in the
J.1).5f
Planning Commission
-6-
June 12, 1991
empty lot on the other side of the park which she thought was probably the responsibilily of the
City.
Chair Grasser Horton asked if the fIre was because of weeds. Ms. Petermichel concurred.
Commissioner Martin asked if there was a ball fIeld, barbecue pits, or tables in the park. Ms.
Petermichel answered that previously there had been, but not anymore because it was de~troyed.
Robert Spriggs, 7777 Alvarado Road #621, La Mesa, representing the developer ar I home
builder, said he was there to answer any questions.
Commissioner Fuller asked if the petitioners had been contacted and their concerns resolved.
Mr. Spriggs said he had responded to the petitioners by letter, and they were invited to come
to his offIce. Mrs. White had come regarding a view situation, and it had been worked out.
None of the other petitioners commented or inquired. Mr. Spriggs said he had attended the
Chula Vista Elementary School meeting, and this project along with three other projects were
unanimously incorporated into a special Mello-Roos district.
Commissioner Decker asked if the alleys would be red curbed. Mr. Spriggs said they would
be marked red and also posted. There would not be a homeowners association, but they would
be maintained under a CC&R arrangement. The street would be maintained under a joint use
agreement.
Barbara Felvor, 1272 Pecan Place, Chula Vista said she was concerned about the density. She
agreed that the empty lot had been a dangerous place for the children for years. She was also
concerned about drainage and the grading. Ms. Felvor asked if the area would be fenced; if
there would be access to the path just east of the development.
Assistant Planning Director Lee explained how the area would be graded; the fencing would
normally be left up to the individual homeowner.
Ms. Felvor said the park had been nice at one time, but she had quit going because of drug
activities.
No one else wishing to speak, the public hearing was closed.
Commissioner Decker asked that the words "any developer-installed landscaping shall subscribe
to xeriscaping principles whenever possible" be added to condition "c."
Assistant Planning Director Lee suggested that the Commission consider adding language as
follows: "Prior to the approval of the fInal map, the applicant shall comply with any City or
regional fee or water offset program that has been adopted. "
f.o.t59
Planning Commission
-7-
June 12, 1991
Commissioner Tugenberg asked that conditions be added to read:
"The applicant must agree to no net increase in water consumption or participate in
whatever water conservation or fee offsite program the City of Chula Vista has in effect
at the time of building permit issuance. "
"The CC&Rs shall contain a provision prohibiting the parking of RV vehicles on
driveways, front lawns, or on their property in any shape or manner, including all types
of RVs."
Commissioner Tugenberg said the City Council had a great concern that the RVs were
destroying the appearance of the City, and the CC&Rs had contained this in most of the larger
developments. He believed anything over 10 was a large development and the CC&Rs shculd
preclude the parking of RVs on the property. The City would have a list which defmed what
RVs were.
Mr. Spriggs returned to the microphone to clarify that the additional condition regarding water
would be at the building permit stage rather than map stage. They preferred the building permit
stage. Assistant Planning Director Lee concurred that the building permit stage would be
agreeable as long as they entered into an agreement.
Commissioner Fuller requested that the engineering questions regarding conditions "I" and "m"
be discussed. Senior Civil Engineer Ullrich explained the issue regarding the easements and
dedication on the map in lieu of a separate document. Typically, the dedication statement is
signed on the map and the developer has actually entered into the agreement to dedicate so that
when Council considers the map, it has already been granted to the City and the Council only
needs to accept it. The improvements to be installed in the street will meet the existing
facilities. Regarding drainage, it would be considered during the grading plan check and is very
carefully reviewed to make sure there is no problem from that grading.
Commissioner Martin discussed the various parks in the area, and thought the rough land next
to Orange/Rienstra Park could be accommodated as part of the park for barbeques, etc. The
plan was very nice, but he was concerned about an additional burden on Palomar Park which
was already being used by an unwelcome element. He suggested that the area between
Orange/Rienstra and the SDG&E easement be developed.
Mr. Lee noted that in this case the applicant was required to pay the fees which would be used
somewhere in the community, either in a neighborhood park facility or one of the community
facilities. He asked if Commissioner Martin would stop by his office during the next week to
identify the property and find out if there was an opportunity in that particular area.
MSC (Tugenberg/Carson) 6-1 (Commissioner Martin against) that based on the Initial Study and
comments on the Initial Study and Negative Declaration, find that this project will have no
significant environmental impacts and adopt the Negative Declaration issued on IS-91-35.
J.I) . (p ()
Planning Commission
-8-
June 12, 1991
MSC (Tugenberg/Carson) 6-1 (Commissioner Martin against) that based on. the fmdings
contained in Section "D" of the report, recommend that the City Council approve the tentative
subdivision map for East Palomar Estates, Chula Vista Tract 91-04, subject to conditions 'a'
through 'z', in addition to the following:
Include in condition 'c' that any developer-installed landscaping shall prescribe to
xeriscaping principles whenever possible.
Add as new conditions:
aa. The applicant shall enter into an agreement with the City providing for a no net
increase in water consumption or participate in whatever water conservation or
fee offsite program the City of Chula Vista has in effect at the time of building
permit issuance.
bb. The CC&Rs shall contain a provision prohibiting the parking of any RV-type
vehicles (including campers, boats, and trailers) on any portion of the lots
including driveways.
Chair Grasser Horton informed the audience that if they were concerned about parks and wished
to address the Commission, they were welcome to speak under "Oral Communications." She
also noted that the City has a Parks Commission.
/U)-t,1
RESOLUTION NO. PCS-9I-04
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
APPROVE THE TENTATIVE SUBDIVISION MAP FOR EAST
PALOMAR ESTATES, CHULA VISTA TRACT 91-04
WHEREAS, a duly verified application for a tentative subdivision map
was filed with the Planning Department of the City of Chula Vista on February
II, 1991 by Western Communities Associates, and
WHEREAS, said application requested to subdivide 3.3 acres at the
northeast corner of East Palomar Street and Nolan Avenue into 13 single family
lots, and
WHEREAS, the Planning Commission 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 publ ication 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., Wednesday, June 12, 1991, in the Council Chambers, 276
Fourth Avenue, before the Planning Commission and said hearing was thereafter
closed, and
WHEREAS, the Commission found that the project would have no
significant environmental impacts and adopted the Negative Declaration issued
on IS-91-35.
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 East Palomar Estates, Chula Vista Tract 91-04, 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 establ ished 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 project density of 3.9 du/ac is consistent with
Residential Low Medium (3-6 du/ac) General Plan designation for
the site.
/Lo ~ /P2.
b. Circulation - The streets and common drives serving the project
are designed to City standards.
c. Housing The project will provide single-family detached
housing consistent with the surrounding neighborhood.
d. Conservation - The site is previously disturbed and not known to
contain any natural resources.
e. Park and Recreation, Open Space - The project will .be required
to pay park acquisition and development fees prior to approval
of a final map.
f. Seismic Safety - There are no known faults within the invnediate
vicinity of the site.
g. Safety - The site is within the threshold standards with respect
to response time for fire and police.
h. Noi se - The project will not create nor be impacted by noi se
beyond the City's standards.
i. Scenic Highway - The site does not adjoin a Scenic Highway.
j. Bi cycl e Routes - Palomar Street is a des ignated Bi ke Route and
will be improved to those standards.
k. Public Buildings - The project is subject to RCT and DIF fees at
issuance of building permits.
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.
5. The size and configuration of the site and resulting street pattern
do not allow for the optimum siting of all the lots for passive or
natural heating and cooling opportunities without reducing the
density below that allowed under the existing zoning.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that
City Council approve the tentative subdivision map for East Palomar Estates,
Chula Vista Tract 91-04 subject to the following conditions:
1. Any fencing or walls shall maintain a minimum 10 ft. setback
from the common drives, and the area between the fence/wall and
drive shall be landscaped and property maintained. Fencing
greater than 3.5 ft. high shall maintain the same setback from
the convnon drives as the dwell ing without the prior written
permission of the Zoning Administrator. These restrictions
shall be reflected in the CC&R's for each of the affected lots
(lot #'s 4, 5, 6, 7, 9, 10, 11 & 12).
p;.~ -2-
2. The CC&R's shall specify the responsibility of the property
owners to maintain the common drives, the landscaping adjacent
to the common drives and in and around the guest parking areas,
and the down-slopes along the easterly boundary of lot lI"s 11
and 13.
3. Landscape and irrigation construction drawings, including a
fencing plan for the areas adjacent to the common drives, shall
be reviewed and approved by the City Landscape Architect prior
to the issuance of any building permits. Any
developer-installed landscaping shall prescribe to xeriscaping
principles whenever possible.
4. The final screening design for the guest parking areas should
include a hard, permanent visual barrier (such as a decorative
fence) in conjunction with shrub groupings and other plant
materials. The plantable islands shall provide a minimum 4 ft.
plantable area within the planter.
5. The common driveways shall be treated with enriched paving at
their entrances subject to review and approval of the City
Landscape Architect.
6. The development of the panhandle lots are subject to compliance
with the City's panhandle lot standards (CVMC 19.22.150).
7. The CC&R' s for the project shall be submi tted for revi ew and
approval and shall be recorded concurrently with the final map.
The CC&R's shall contain a prohibition against T.V. and radio
antennas and garage conversions. THe CC&R's shall name the City
as a party to the CC&R's insofar as the City shall have the
right, but not the obligation, to enforce the provisions of the
CC&R's relating to areas of public concern such as, but not
limited to, the maintenance of common areas and the adherence to
other ordinance regulations of the City.
8. The "hammerhead" design turn areas shall be posted "No parking
fire lane" subject to review and approval of the Fire Marshal.
9. The amount of any fees app 1 i cab 1 e to the project, i nc 1 ud i ng but
not 1 imited to PAD, DIF and RCT fees, shall be those in effect
at the time they are collected.
10. The approval of a fi na 1 map by the city Counci 1 wi 11 requi re
compliance with the City's adopted threshold standards to the
satisfaction of the Director of Planning.
11. The developer shall be responsible for the construction of full
street improvements for all public streets shown on the
Tentative Map within the subdivision boundary in conformance
with the current Chul a Vi sta Des ign Standards accordi ng to the
following classifications:
J./)-~ f
-3-
CLASSIFICATION
East Palomar Street
Class I Collector
(except that the
roadway width,
centerline to
curbline, shall be
32 feet)
Nolan Avenue
Residential
Said improvements shall include, but not be limited to, asphalt
concrete pavement, base, concrete curb, gutter and sidewalk,
sewer and water util ities, drainage facil ities, street 1 ights,
signs, fire hydrants and transitions to existing improvements.
12. Prior to Final Map approval the developer shall grant to the
City a landscaped buffer area easements along all public
streets. The width of said easements shall be as outl ined in
the City's Street Design Standards Policy.
13. Prior to Final Map approval the developer shall dedicate
add i ti ona 1 ri ght of way along the frontage of the property as
foll ows:
East Palomar Street - to provide a half width street of 42
feet
Nolan Avenue - to provide a half width street of 28 feet.
14. The developer shall be responsible for the installation of the
following improvements to the satisfaction of the City Engineer:
1) A 100 watt street light at the north property line on Nolan
Avenue.
2) Two 250 watt street lights on East Palomar Street.
3) Replace two existing 100 watt with 250 watt street lights
on the south side of Palomar Street.
15. The drainage system across lots 11 and 13 shall be maintained by
the owners of said lots. Provisions shall be included in the
CC&R's which shall be approved prior to approval of the Final
Map.
16. An erosion and sedimentation control plan shall be prepared as
part of the grading plans.
17. Lot 1 ines shall be located at the top of slopes except as
approved by the City Engineer. 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.
J-O - 6,S
-4-
18. Prior to approval of the Final Hap the developer shall
demonstrate to the satisfaction of the City Engineer that the
downstream sewer system is capable of handling the additional
sewage flow to be generated by the project. The developer shall
also enter into an agreement with the City whereby the owner
agrees to participate in funding of the necessary facilities to
provide downstream sewer capacity for those segments al ready
working over design capacity or which this development causes to
exceed City design standards. This agreement shall be executed
by the developer prior to Final Hap approval.
19. The developer shall enter into an agreement with the City
wherein the City is held harmless from any liability for
erosion, siltation or increased flow of drainage resulting from
this project.
20. On the condition that the 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
development/applicant shall enter into an agreement, 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 of employees'to attack, set aside,
void or annul any approval by the City, including approval by
its Planning Commission, City Council or any approval by its
agents, officers, or employees with regard to this subdivision.
21. The boundary of the subdivision shall be tied to the Cal ifornia
System - Zone VI.
22. 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 compl iance as required by the
City Engineer.
23. 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 with 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. Sa i d agreement shall be approved
by the City Attorney prior to Final Hap approval.
24. Prior to approval of the Final Hap, the developer shall submit a
copy of the Final Hap 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
J.~ .~~
-5-
shall be submitted on 5-1/2 HD floppy disk prior to the approval
of the Final Map.
25. 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
Ordinances and Subdivision Manual.
26. The developer shall grant access and parking easements to the
satisfaction of the City Engineer to the subsequent owners of
panhandle lots 4, 5, 6, 7, 9, 10, 11 and 12. These easements
sha 11 be granted on the fi na 1 map in accordance wi th Section
18.20.150 of the City of Chula Vista Municipal Code.
27. The applicant shall enter into an agreement with the City
providing for a no net increase in water consumption or
participate in whatever water conservation or fee offsite
program the City of Chul a Vi sta has in effect at the time of
building permit issuance.
28. The CC&Rs shall contain a provision prohibiting the parking of
any RV-type vehicles (including campers, boats, and trailers) on
any portion of the lots including driveways.
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 12th day of June, 1991, by the following vote, to-wit:
AYES:
Commissioners Carson, Tugenberg, Casillas, Fuller, Decker and
Grasser-Horton
NOES:
ABSENT:
Commissioner Martin
None
ATTEST:
~~ 'pr ~('a1'
Na cy Ri ey, Se ret y
WPC 9441P
1-()~&' 1 -6-
~~....._r-Hn'::'n
"c_,.,.
DATE:
June 20, 1991
.JU~! )-;
TO: Beverly Authelet, City Clerk ell Y GLt.I\I\.) Vii
FROM: Nancy Ripley, Planning Department
SUBJECT:
Referral from Planning Commission meeting of June 12, 1991
Please schedule the following for Council consideration at the meeting of
July 16, 1991
Forwarded herewith: Public Hearing Notice(s) and Mailing List(s).
Forthcoming: Resolution(s)
PUBLIC HEARING: PCS-91-04 - CONSIDERATION OF TENTATIVE SUBDIVISION MAP
FOR EAST PALOMAR ESTATES, CHULA VISTA TRACT 91-04 -
Western Communities Associates
RESOLUTION Approving PCS-92-04
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY
COUNCIL of Chu1a Vista, California, for the purpose of considering a tentative
subdivision map known as East Palomar Estates, Chu1a Vista Tract 91-04,
located on the north side of East Palomar Street, between Nolan Avenue and
Park Drive, and submitted by United Enterprises, Limited. The applicant
proposes to subdivide 3.3 acres into 13 single family residential lots with an
average lot size of 8,062 square feet, and make all required public
improvements. A copy of the tentati ve map is on fil e for i nspecti on in the
office of the Planning Department.
An Initial Study, IS-91-35, of possible significant environmental impacts
has been conducted by the Environmental Review Cordi nator. A fi ndi ng of no
significant environmental impact has been recommended to the City Council and
is on file, along with the Initial Study, in the office of the Planning
Department. Any petition to be submitted to the City Council must be received
by the City Clerk's office no later than noon of the hearing date.
If you which 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 Council at or prior to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, July 16,
1991, at 6:00 p.m. in the Council Chambers, Public Services Bui1din9, 276
Fourth Avenue, at which time any person desiring to be heard may appear.
DATED: July 3, 1991
CASE NO.: PCS-91-04
Beverly A. Authe1et
City C1 erk
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NOTICE OF PUBLIC HEARING ./ C4~~
BY THE CITY PLANNIN& C8t1flISSHIN OF
CHULA VISTA, CALIFORNIA
C!..Q (A....1'\......L
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY....fLAIUlING
CClMrnSSHIN of Chula Vista, California, for the purpose of considering a
tentat i ve subdi vi si on map known as East Palomar Estates, Chul a Vi sta Tract
91-04, located on the north side of East Palomar Street, between Nolan Avenue
and Park Drive, and submitted by United Enterprises, Limited. The appl icant
proposes to subdivide 3.3 acres into 13 single family residential lots with an
average lot size of 8,062 square feet, and make all required public
improvements. A copy of the tentative map is on file for inspection in the
office of the Planning Department.
An Initial Study, IS-91-35, of possible significant environmental impacts has
been conducted by the Environmental Review Coordinator. A finding Qf nOt:!......: ,
significant environmental impact has been recommended to the ~
-Cemmi33ieR and is on file, along with the Initial Study, in the.offiC~g~~ ;h;.. L
Planning Department. Any petitions to be submitted to the t1a~ ('~<';:dB~-
must be received by the Ph~iSSi9R office no later than noon of the
t':~. 's
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 ~laRRiR~ Cemmi33ien at or prior to the public
hearing. ~ c..o.. . :<.L
l' --0 ...........- --.:....L ~" .. , t
SAID PUBLIC HEARING WILL BE HELD BY THE CITY !lD.NNIIlG C8rlMIEEIQtl on -Itedlle36ay, '
~ 11~~I~'\1:I~p.m. in the Council Chambers, Public Services Building,
276 Fourth Avenue, at which time any person desiring to be heard may appear.
DATE~:" 1!J0
CASE NO. PCS-91-04
N lp e , tary
Chula Vista Plannin
WPC 9140P/2658P
X .J~ ~ 4- 72-2 /~~.
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CllY OF
CHUlA VISTA
OFFICE OF THE CITY CLERK
TELECOPIER COVER LETTER
TELECOPIER * (619) 691-5171
TO:
STAR NEWS - LEGALS
FIRM:
STAR NEWS
TELECOPIER NO:
('", \q) 426-6346
PHONE NO.: ((" \q) 427-3000
FROM:
CHULA VISTA CITY CLERK'S OFFICE
DATE: ~Q" 3, ICjc{ I
(J '
TIME:
!l'>Y:=:'
DOCUMENT(S) BEING SENT:
V'-^--~C
\~31~~\
\)
TOTAL NUMBER OF PAGES INCLUDING THIS COVER PAGE:
2-
WE ARE TRANSMITTING AT FOLLOWING SPEED:
4 MINUTES 6 MINUTES
FAST STANDARD
IF ALL PAGES ARE NOT RECEIVED, PLEASE CALL (619) 691-5041 AND ASK
/ -----
FOR: Lo~--+'!\ \2,::.~
PUBLISH ON:
~ (~\ (C{ql
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276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 920101(619) 691-5041
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a publ ic
hearing to consider the following:
PCS-91-04: For the purpose of consi derin9 a Tentative
Subdivision Map for East Palomar Estates, Chula Vista Tract 90-04
- Western Communities Associates. Copies of the tentative map is
on file for inspection 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 16, 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: July 3, 1991
Beverly A. Authelet
Ci ty Cl erk
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RA~IPEZ ROBERT S/YCLANOA A(OVI .
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HATLE8ERG CLARE~CE J/SUSA~ C
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RECEIV~fiJly 13, 1991
City Council of Chula Vista,
Office of the City Clerk
City Hall
P.O. Box 1087
Chula Vista, California 92012
Californi;P1 J1l 15 A1D:53
CIlY r,~ IT
CITY CL8<K
Re: East Palomar Estates, Chula Vista Track 91-04
Negative Declaration Case No. 15-91-35 of 4/18/91
Dear City Council,
We the undersigned, would like United Enterprises,
Limited to address the listed concerns and impacts pertaining
to the tentative subdivision known as East Palomar Estates,
Chula Vista Track 91-04 at the Public Hearing July 16, 1991.
1. The existing 5 and 6 foot high fences is not the
property line as stated in Project Description of Negative
Declaration Case No. 1S-91-35. The property boundary is
marked with survey disks approximately 12 to 18 inches south
of the existing fences for Chula Vista Gardens Unit No.7
lots 215, 216, 217 and 218.
2. Erosion Control of property north of the proposed
subdivision. Recommend a concrete block type retaining wall
to the height of present grade of the lots to the north and a
CCR&R be part of the property deed for it's maintenance.
3. Decrease of property value due to the loss of view.
Recommend a CCR&R be part of the property deed limiting tree
height to the height of the roof peak.
4. Noise from proposed parking lots is of concern.
Recommend concrete type retaining wall and dense plantings to
absorb the noise.
s~~, c-~/
~/j. M~~
1273 Sonoma Court
C)1}l.jla,)'i~a,. Ca. 91911-3732
t'd1-Y/' => (c;V~..~.
Robert Ramir z
1285 Sonoma Co J
Chula Vista, Ca. 91911
Ct2~ ?<.;(!.Ai1i-
Clayton R. White
1279 Sonoma Court
Cf-blla 'y~~tb C~911-3732
/) A-l.v<7.. (. .. _ AC-CLv_.
"RObert .-Luce
1291 Sonoma Court
Chula Vista, Ca. 91911-3732
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COUNCIL AGENDA STATEMENT
Item ":<../
Meeting Date 7/16/91
Resol ut i on I~t.~~ Approvi ng prel imi nary des i gn report for
the improvements of BroadwaY(ro "L" Street to Naples Street
in the City of Chula Vista.
Director of Public Work~
City Manager-J~ ~~) (4/5ths Vote: Yes__No-X-)
The City Council at its meeting of February 2, 1990 provided staff with policy
di rect ion concerni ng construct i on of street improvements along the Broadway
corridor including construction of raised median islands. At the meeting of
February 2, 1990 City Council accepted the following recommendations based on
staff's report and input by the Chamber of Commerce:
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
1. The street be widened as necessary.
2. New raised medians would be permitted only at major intersections, left
turn lanes.
3. All landscaping shall be low growing shrubs which do not block signage.
In addition Council directed staff to provide concept plans depicting new
medians at those intersections where traffic volumes warrant medians. Concept
plans were to be presented to the City Council for approval prior to the
preparation of final construction plans.
RECOMMENDATION:
1. That Council approve the preliminary design report.
2. Staff be directed to proceed with the final design plan.
BOARDS/COMMISSIONS RECOMMENDATION: On September 14, 1989 the Safety
Commission reviewed the proposed reconstruction project between "F" Street and
the southern city limits. The Safety Commission recommended installation of
median islands as part of the reconstruction project for the purpose of
enhancing the safety and performance of Broadway. Attached is a copy of the
Safety Commission minutes.
DISCUSSION:
The engineering firm of Robert Bein, William Frost and Associates was retained
by the City of Chul a Vi sta to provi de prel imi nary des ign report and fi na 1
construction plans for the improvement of Broadway between "L" Street and
Naples Street. The main text of the preliminary report is attached including
Appendix B. A copy of the entire preliminary report is available in the City
Cl erk' s offi ce for the Council's use. The report summari zes the project
des i gn criteri a, traffi c signal upgrades, traffi c safety improvements,
conceptua 1 project des ign and pre 1 imi nary cost estimate. Emphas is was placed
on the following items:
1. Location of existing medians vs. location of any new medians.
'21 ,I
Page 2, Item :tl
Meeting Date 7/16/91
2. Existing and ultimate curb locations.
3. Pavement design.
4. Property line location and additional required right-of-way.
5. Existing utilities and utilities relocation.
6. Community Impact: Summary of comments and suggestions sol icited from
property owners and tenants regarding the improvements.
Broadway between "L" and Naples Street currently has rai sed medi an islands for
most of its length. Staff notified all property owners and tenants along
Broadway between "L" Street and Naples Street of the conceptual plans and
invited them to attend two separate open house meetings where they were able
to revi ew the pl ans and di scuss the project with Engi neeri ng staff and the
Consultant. The preliminary design report being presented to the City Council
includes the conceptual plan as well as the comments received from the public
at the open house meetings.
The preliminary design report recommends permanent improvements consisting of
new curb, gutter, and sidewalk at a width of 82 ft. curb-to-curb;
reconstruction of all existing raised medians with new landscaped medians; and
the addit i on of one new medi an i sl and located on Broadway just south of "L"
Street.
Construction of this new raised median on Broadway is needed to protect left
turni ng movements onto "L" Street from northbound Broadway and to reduce
confl i cts near the intersect i on of "L" Street and Broadway. The curb wi dth of
82 ft. curb-to-curb is proposed to match the County's major road standard and
the exi st i ng curb improvements whi ch were bui lt by the County pri or to the
annexation of the Montgomery area into the City. The City's major road
standard is 80 feet curb-to-curb.
On January 23 and March 14, 1991, meetings were held with property owners and
tenants along the affected areas to revi ew the conceptual plans. Response
from property owners and tenants was generally favorable for the project,
a lthough some i ndi cated they woul d 1 i ke to see the exi st i ng medi ans removed
from the project area. All property owner comments are attached as Appendix
'B' in the report. All of the property owners and tenants have been notified
that this item will be on tonight's agenda.
Staff bel ieves that the recommendations proposed for permanent improvements
along Broadway between "L" Street and Naples Street concur with Council s
previ ous recommend at ion concerni ng the construction of raised medi ans along
Broadway.
The City's Consultant Engineer, Robert Bein, William Frost and Associates,
will be available at the Council meeting to make a presentation an answer any
questions Council may have. Larger scale maps and plans will also be
available for viewing by the City Council and the public.
FISCAL IMPACT: None.
SA:AX-079
WPC 5689E
AI-2..
RESOLUTION NO. IV~Y
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING PRELIMINARY DESIGN
REPORT FOR THE IMPROVEMENTS OF BROADWAY FROM
"L" STREET TO NAPLES STREET IN THE CITY OF
CHUL VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council at its meeting of February 2,
1990 provided staff with policy direction concerning construction
of street improvements along the Broadway corridor including
construction of raised median islands; and
WHEREAS, at the meeting of February 2, 1990 City Council
accepted the following recommendations based on staff's report
and input by the Chamber of Commerce:
1. The street be widened as necessary.
2. New raised medians would be permitted only at major
intersections, left turn lanes.
3. All landscaping shall be low growing shrubs which do not
block signage.
WHEREAS, in addition Council directed staff to provide
concept plans depicting new medians at those intersections where
traffic volumes warrant medians with said concept plans being
approved by the City Council prior to the preparation of final
construction plans.
NOW,
the City of
design report
Naples Street
THEREFORE, BE IT RESOLVED that the City Council of
Chula vista does hereby approve the preliminary
for the improvements of Broadway from "L" Street to
in the City of Chula Vista.
BE IT FURTHER RESOLVED that staff be directed to proceed
with the final design plan.
John P. Lippitt, Director of
Public Works
9050a
rney
Presented by
21-3
~
..
.
SAFETY COMMISSION AGENDA STATEMENT
Item 3e
Meeting Date ~/14/89
ITEM TITLE: Proposed reconstruction project for Broadway between "F"
Street south to City limits
SUBMITTED BY: City Traffic Engineer~
RECOMMENDATION: That the Safety Commission recommend installation of median
i sl ands as part of the reconstructi on project for Broadway between "F" Street
south to City limits to the City Council.
DISCUSSION:
The Ci ty of Chul a Vi sta is proposi ng to reconstruct Broadway from "F" Street
south to the City limits south of Main Street, a distance of approximately 3.5
miles. Included in this improvement work will be widening of those sections,
basi cally north of "L" Street, that are substandard in wi dtn. The proposal
also includes construction of raised, landscaped medians where these do not
exist and landscaping those medians that are currently in place.
In reviewing traffic projections, it was determined that existing traffic
volumes are in excess of 28,000 vehicles per day on some segments that were
designed to handle 22,000 vehicles. In addition, existing traffic lanes are
too narrow in some sections and there are numerous left turns and U-turns as
well as cross traffic that further delays traffic and causes congestion.
Accident statistics indicate that six of the top ten intersections and seven
of the top 33 mid-block segments with the highest number of accidents are on
Broadway. Increased traffic in the future will cause increased congestion and
delay with traffic diverting to other alternate routes.
The proposed City project, which includes a raised landscaped median, is
designed to improve safety, reduce congestion and delay, maximize on-street
parking and provide for a more attractive urban street. Generally, the
widening will take place within the existing right-of-way; however, some minor
right-of-way may be required, particularly at intersections to provide
additional turni.ng capacity. .
The inclusion of the raised median is to prevent left and U-turns at
unprotected locations. The major intersections will have a left turn pocket
to provi de an opportuni ty to make a safer 1 eft or U-turn. A rai sed medi an
island will improve traffic flows on a major arterial street. In conventional
appl i cati ons, medi an i sl ands can reduce the number of head-on acci dents that
occur as a result of two vehicles sharing a two-way left turn lane. Traffic
si gnal s desi gned to be actuated on the medi an for the separate si des of a
-
1.l-~
Page 2, Item 3e
Meeting Date 9/14/B9
roadway also improve pedestrian safety while minimizing delay to the
motorists. In addition to the safety aspect, this design will create a more
positive control situation with less confusion for the driver. The projected
future traffi c vol urnes can be handl ed more comfortably on a roadway of the
nature of the proposed design. Further, the proposed landscaping will provide
a softer, more attracti ve envi ronment. The el imi nati on of congesti on and
delay, along with the more pleasing environment should encourage shoppers to
go to shops and stores on Broadway rather than discourage shopping in the area.
Staff is recommending this project since traffic flow will be improved,
aestheti cs wi 11 improve and an expected reducti on in acci dents coupl ed with
additional traffic capacity will be realized.
FR/mad
WPC 4532E
Attachment: Area Plat
Proposed Cross Section of Broadway
Staff proposals (2)
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MItJUTES
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September 14, 1989
Js.l Request for a crosswa1 k at "L" St-'eet at Country C1 ub Ori ve
Mr. Ri vera reported that staff !lerformed a pedestri an count. Staff
received a telephone call from the person who made the original
request, askin9 for the item to be dropped due to a lack of
pedestri ans.
~1DTI ON
MSUC (Militscher/Koester) 5-0, to accept staff's recommendation.
JJ!l Safety Commission Policy for expediting Council Referrals
Commissioner Thomas noted the Safety Commission just received a copy
of this item at tonight's meeting.
MOTI ON
MSUC (Thomas/Koester) 5-0, to accept in concept the Council policy and
bring it back for ratific~tion at the next Safety Commission meeting
of October 12, 1989, noting the fact that it is a draft copy only.
(e) Reconstructi on project for Broadway between "F" Street south to City
1 i mits
Mr. Rosenberg explained staff's proposal to widen some areas, provide
additi onal capaci ty at busy i ntersecti ons and install rai sed medi ans
along Broadway to prevent midblock left turns.
Commissioner Militscher asked about the traffic disruption during
construction.
Vi ce Chai rman Braden i nqui red how 1 arge of an area woul d be under
construction at anyone time.
t~r. Rosenberg repl i ed it woul d be done in secti ons and the traffi c
would be detoured from one side to the other except during peak hours
when all lanes of traffic would be used.
Commissioner Arnold asked if the Chamber of Commerce had been notified.
Mr. Rosenberg answered the City Engineer had made a presentation to a
downtown group but he did not know which group.
Commissioner Arnold inquired if staff would be installing left turn
traffic signals at each lettered cross street. He suggested a painted
continuous two-way left turn lane.
Mr. Rosenberg explained, because of the anticipated traffic volumes of
up to 30,000 cars a day and the density of the commercial area, a
continuous two-way left turn lane would be inefficient, motorists
would be conflicting with each other.
r~OTI ON
MSUC (Thomas/Koester) 5-0, to acce!lt staff's report.
~/- II
L INTRODUcnON
The City of Chula Vista, through the availability of gas tax and transportation sales tax
funds, has prioritized reconstruction of pavement and related improvements to "Broadway",
a 4-lane major arterial street through a west-side commercial district of the City. As shown
on the Vicinity Map, Exhibit A, the reach of Broadway which has been identified for study
and reconstruction is from "L" Street to Naples Street, a distance of approximately 2,500
feet. The primary focus of the construction project is to repair failed pavement surfaces
within the project area; however, the project also includes median improvements, grade
adjustments, street widening, curb and sidewalk repairs, and utility relocations.
Robert Bein, William Frost and Associates has been retained by the City of Chula Vista to
provide preliminary and final engineering services for design of the desired improvements.
This Preliminary Design Report summarizes design criteria, the extent of proposed
improvements, preliminary construction costs, and property owner input for presentation to
the City Council for review and approval. Upon approval of the Preliminary Design Report,
construction drawings and specifications will be prepared as a final bid package for
construction.
As a subconsultant to RBF, Leighton and Associates (L&A) has prepared laboratory testing
and pavement recommendations for repaving of the subject reach of Broadway. Their
findings are included in a separate report, included as Appendix A
In order to solicit and incorporate comments from the affected property owners and tenants,
two meetings were held for review of the conceptual plans. The meeting minutes are
included as Appendix B to this report.
1/500342.4
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EVAPORATORS
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PRELIMINARY DESIGN REPORT
BROADWAY IMPROVEMENTS
Vicinity Map
EXHIBIT A
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n. EXISTING OONDmONS
The existing roadway surface of Broadway shows signs of pavement failure throughout the
project site from "L" Street to Naples Street. A photographic study of the project site
(Exhibits B-1 through B-11) is included on the following pages. Specifically, the existing
visual characteristics of the project site are as follows:
Medians
Raised medians currently exist along the entire project length with the exception of a reach
from "L" Street 500 feet south. The existing medians are asphalt paved with no landscaping.
Surface Drainaee
Existing catch basins are located at the southeast corner of "L"/Broadway, the southeast
corner of Arizona/Broadway, the northwest corner of Moss/Broadway, and on the east side
of Broadway 500 feet north of Naples. Existing cross gutters are located on the east side
of Broadway at Naples and Arizona.
Street Slopes
The existing lateral street cross-fall varies from 1.5 to 4.0 percent. The longitudinal gutter
slope varies from 0.3 percent in the northern segments to 2.3 percent in the south. The
street is generally flat with undulations which create low points at the Telegraph Canyon
Channel and Crested Butte Street.
Power Poles
Existing power poles are located on the west side of Broadway from "L" to Moss and on the
east side of Broadway from "L" to Arizona. Existing power poles on the south side of "L"
Street at Broadway will also be impacted by the proposed improvements. All existing power
poles are to be removed by SDG&E with a Conversion District process prior to
commencement of Street Improvements.
DrivewllYs
The project area includes 45 driveways into both commercial and residential (multi-family)
dwellings. The driveways vary in width from 18 to 30 feet. Dual driveways exist for some
businesses along the project reach.
1/S00342.4
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Sidewalks
The existing sidewalk varies in width from 4 to 10 feet. Several properties throughout the
project length have no existing sidewalk, particularly at underdeveloped lots.
Utilities
Numerous meters, vaults, light poles, hydrants, and transformers are located within the street
right-of-way. The average lot frontage contains four or five utility features within the street
right-of-way.
Setbacks
Approximately 60 percent of the lots do not conform to the minimum setback of 20 feet
included in the current street standards for a 4-lane major roadway.
Landsca.pin~
Some existing bed landscaping and tree wells have been established in the street right-of-way
by private property owners for approximately 20 percent of the total street length. .
Si~als
The "L", Naples and Moss Street intersections are operated by existing phased traffic signals,
with detector loops.
In addition to surface features, the following underlying utilities and constraints exist:
Storm Drain
The Telegraph Canyon Channel intersects the study area as a double 10' x 13' reinforced
concrete box midway between Moss and Arizona Streets. Built by the Army Corps of
Engineers in 1988, this facility is under pressure flow at Broadway due to a "design"
hydraulic jump location just east of Broadway. An abandoned alignment of the channel just
south of Arizona Street has been filled on both sides of Broadway.
Water
An existing water main maintained by the Sweetwater Authority, is located on the east side
of Broadway for the entire project length, several feet from the existing curb face. The
precise location of the water line has not been determined from available record drawings.
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An existing gas main, maintained by SDG&E, is located on the west side of Broadway for
the entire project length, approximately 15 feet from the existing curb face.
Sewer
An existing trunk sewer, maintained by the City of Chula Vista, is located on the west side
of Broadway from Arizona Street to Crested Butte Street. South of Crested Butte Street,
the sewer arcs across the roadway to the east side, approximately 10 feet from the existing
curb face. From Moss Street to Crested Butte Street, a second parallel sewer line is located
on the east side of Broadway approximately ten feet from the existing curb face.
Storm Drain
An existing 6O-inch storm drain, maintained by the City of Chula Vista, is located on the
west side of Broadway from Moss to Crested Butte, approximately 20 feet from the westerly
curb face.
Roadway
For most of the project length, a buried concrete pavement slab approximately 40 feet in
width, straddles the road centerline. The top of the concrete is approximately 1.5 to 2 feet
below the existing pavement surface.
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Exhibit B.3
Looking north toward the northeast corner of the Broadway I Moss street inter-
section. Note the existing catch basin location.
Exhibit B-4
Looking north along the east side of Broadway between Moss street and Crested
Butte street. Note the various utility surtace features.
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BROADWAY IMPROVEMENTS
Photographic Study
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Exhibit B-1
Looking north toward the southeast corner of the Broadway / "L" street intersec-
tion. This is the reach of street to be widened. Note the various utility and
landscape encumbrances.
Exhibit B-2
Looking north from the Broadway / Moss street intersection. Note the condition
of the pavement surtace and pending of nuisance water in the forefront. The
asphaltic concrete median curb has been painted to make the median obstruc-
tion more visible, Note settlement of a previous utility trench.
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BROADWAY IMPROVEMENTS
Photographic Study
Exhibit 8-5
looking north toward the northeast corner of the Broadway I Naples street
intersection. Note the condition of the existing cross gutter and ponding of
nuisance water.
Exhibit 8-6
looking across Broadway to a low point and catch basin location on the east side
just south of Crested Butte.
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BROADWAY IMPROVEMENTS
Photographic Study
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Exhibit B.7
Looking north along the west side of Broadway just north of Moss street. Note
the absence of sidewalk and landscape improvements.
Exhibit B.8
Looking south along the west side of Broadway just south of Moss street. Note
the existing utility, signage and landscape improvements within the street right-
of-way.
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BROADWAY IMPROVEMENTS
Photographic Study
Exhibit B-9
The abandoned Telegraph Canyon Channel box culvert under Broadway. A new
alignment re-routes the channel approximately 250 feet south. Since this photo-
graph, the old channel alignment has been filled.
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Exhibit 8-10
Looking so.uth along the west side of Broadway south of "L" Street.
overhead power line~ and the proximity of the building to the street
Note
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BROADWAY IMPROVEMENTS
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Exhibit 8.11
looking south toward the southeast corner of the Broadway /"l" street intersec-
tion. An existing storm drain crosses Broadway at this location discharging at the
curb in front of the Texaco service station. Nole the overhead power lines.
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BROADWAY IMPROVEMENTS
Photographic Study
III. DESIGN CRTIERIA
The following is a summary of design criteria which were applied for conceptual design of
improvements to Broadway in the project area. These criteria were developed from existing
City guidelines, field site visits, regional standards for construction, cost considerations, and
discussions with the City engineering staff. Criteria were established in the areas of
Drainage, Pavement Design, Median and Curb Geometry, and Utilities. Any deviations
from these standards are addressed in Section VI, "Conceptual Design."
A. Drainaee
The following drainage assumptions or design criteria were applied for design of the
drainage improvements and surface runoff consideration:
1.
Sub-surface storm drain systems should be sufficiently sized to convey the
100year (ultimate) storm runoff.
2.
The street cross section should be sufficient to convey the 100year (ultimate)
storm runoff at a depth below the top-of-curb elevation. A 20-foot dry lane
on each side of the street shaH be maintained.
3.
Cross-gutters are not acceptable at the three major intersections within the
project area.
4.
For analysis of regional storm drain facilities, computed discharges from the
1964 "Fogg" study should be used. For analysis of surface runoff and local
storm drain facilities, new discharges should be computed using the City of
Chula Vista Rational Method.
5.
Once stormwater is collected within a culvert, it should not be re-released
downstream as surface runoff. (e.g., the southwest comer of Broadway/"L"
Street intersection).
6.
All new storm drain facilities should comply with the San Diego County
Regional Standard Drawings and the 1990 Construction Standards for the City
of Chula Vista.
7.
Proposed roadway improvements should not impede the flow of runoff from
private properties; aH "low points" will require sidewalk underdrains or on-site
catch basins. Existing patterns of surface runoff should be maintained
wherever possible.
Minimum grade ~or storm drains shaH be 0.5%.
8.
[/500342.4
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9. Maximum manhole spacing shall be 800 feet for pipe diameters greater than
30 inches, 300 feet otherwise.
B. Pavement Desien
The following loading assumptions and design criteria were applied for design of the
new roadway surface:
1. Pavement design calculations are to be based on the Caltrans Highway Design
Manual, dated July 19, 1990.
2. A Traffic Index (TI) of 9 is to be assumed for traffic loading conditions. The
City's Subdivision Manual lists a TI range of from 7 to 9 for commercial
roads.
3. Structural Pavement Sections to be considered include 1) Asphaltic concrete
over aggregate base, 2) full-depth asphaltic concrete, and 3) asphaltic
concrete overlay.
4. Sub-surface Investigation is to include drilling, logging, and sampling of fine
small-diameter borings, laboratory R-value and moisture/density testing, and
geotechnical analysis. The City's "Pavement Management Systems" data was
also consulted.
5. The ultimate roadway shall have a minimum curb-to-curb width of 80 feet.
c. Medians. Curbs. and Sidewalks
The following street design standards were applied for design of the Broadway Street
Improvements:
1. According to the City's 1990 street design standards, the streets in the project
area were categorized as follows:
Broadway
"L" Street
Crested Butte
Moss Street
Naples Street
Arizona Street (East)
Arizona Street (West)
4-Lane Major
Class I Collector
Residential
Class II Collector
Class II Collector
Residential
Industrial Road
2.
At intersecting sth:ets, ultimate curb geometry should be maintained, at least
to the curb return on the intersecting street.
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3. All curb returns should have a 30-foot minimum radius.
4. At intersecting streets, a temporary curb transition from existing to ultimate
street section should have a minimum expansion ratio of 5:1.
5. Raised center medians should be constructed along Broadway where medians
already exist, and where turning movements at intersections demand that
medians be installed.
6. Left-turn pockets at the three major intersections should be at least 250 feet
in length. Left-turn pockets at Crested Butte and Arizona Street may be
reduced based on lower traffic volume.
7. Double reversing curves at the beginning of left turn pockets should be at a
radius of no less than 90 feet, preferably 120 feet.
8. Six-inch curbs should be specified for new median and roadway edges, except
where intermittent repairs to an existing 8-inch curb are called for.
9. Existing sidewalk and/or curb and gutter should be reconstructed in areas
showing substantial deterioration and cracking, or in areas exhibiting local
ponding.
10. Any widening of existing sidewalks will entail removal of the existing sidewalk
and re-paving of the entire sidewalk width, rather than partial reconstruction.
11. Although the standard section for a 4-lane major calls for an 8-foot sidewalk
in commercial districts, the existing sidewalk width may be deemed sufficient
if the preservation of existing landscaping or other constraints prohibit
sidewalk widening. At least five feet of clear pedestrian space should be
available as a minimum.
12. At the old Telegraph Canyon Channel crossing, the existing sidewalk and
pedestrian railing over the reinforced concrete box culvert headwall will
remain.
13. Landscaping of the medians should include low vegetation and hardscape to
minimize impacts to traffic. Also, vegetation with low water-use requirements
shall be considered.
VlOO342.4 14
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D. Utilities
The following design criteria were established for disposition of existing utilities
within the study area:
1. Overhead power poles are to be undergrounded in coordination with
SDG&E.
2. Existing manholes and vaults within the roadway should be adjusted to match
proposed finished surface grades.
3. Above-ground electric transformers, telephone cabinets, and signal boxes
should be relocated if the existing locations interfere with pedestrian and
traffic movement.
4. Traffic signalization and automation should be upgraded to meet current City
standards.
5. The design shall accomodate existing conduit structures for underground
conversion.
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N. TRAFFIC
Besides the goal of improving the roadway surface, the Broadway improvements will
implement traffic signal upgrades and traffic safety improvements. The proposed
improvements affecting traffic circulation are as follows:
1. Reduced street crossfaIl throughout the project length will reduce pavement
undulations at cross-street intersections which cause vehicles to ''bottom-out'' while
crossing Broadway.
2. Elimination of the cross-gutter across Naples Street will also reduce a dip in the
roadway which is an existing roadway hazard for cross traffic.
3. Reconstruction of the raised centerline median will lengthen left-turn pockets and
make the median more visible to traffic.
4. Construction of a new raised centerline median just south of "L" Street will prohibit
unsafe cross-traffic turns into driveways near the "L" Street Intersection.
5. Widening of the northbound lanes of Broadway at "L" Street will make right turns
onto eastbound "L" Street possible for large trucks. This existing constriction
prohibits right turns for large trucks without making several ''backward-forward''
movements in the intersection.
6. Traffic signal upgrades will allow for better placement of the signals for improved
traffic signal response.
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7.
Re-striping of the pavement surface will provide for better lane delineation.
8. Proposed storm drain improvements will alleviate existing surface runoff problems
which affect traffic during intense rainfalls.
Final improvement drawings for the project will include traffic signal plans, striping plans,
and traffic detour plans for the project reach of Broadway. The final design will be based
on the City of Chula Vista 1990 Design and Construction Standards. The anticipated detour
plans will include a two-phased approach to construction, with the inner and outer lanes
being constructed in separate phases. For re-construction of the outer lanes, the existing
centerline median will be removed and paved temporarily for containment of traffic within
the inner lanes. During re-construction of the center median and inner lanes, traffic will be
routed to the new outside lanes.
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V. COMMUNITY INPUT
In order to solicit comments from the property owners and tenants within the project area,
two design presentations were held on January 29 and March 14, 1991.
The presentations were held in an "open agenda" fashion in which property owners and
tenants were given individual presentations and solicited for comments.
The January 29 meeting was attended by 10 property owners, the March 14 meeting by 8
property owners.
The majority of discussion was focused on right-of-way acquisition, median construction,
landscaping, construction phasing, driveway access, and parking. The following is a summary
of the prevalent questions or discussions encountered:
1. It was suggested that the 2-hour on-street parking restriction be lifted. Businesses
along Broadway are not of the "store-front" shop variety which benefit the most from
restricted parking.
Response: It is beyond the scope of this improvement project to examine parking
time restrictions. This comment was forwarded to the City Traffic
Engineer.
2. An observation was made that many vehicles fail to distinguish the raised centerline
median (asphalt curb) at night, when exiting a driveway across traffic lanes.
Response: The improved street section will include a median bordered by a 6-
inch concrete curb with landscaping which will be more visible at night
than the existing AIC berm.
3. The lengthened left turn pocket at Arizona Street was viewed as a much-needed
improvement.
Response: The conceptual improvement plan calls for a lengthing of the left-turn
pocket from 80 feet to 190 feet.
4. There was concern over any attempts to close cross-traffic turns to Arizona Street.
Response: The conceptual improvement plan does I!Q1 include a continuation of
the center median through Arizona.
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5. A painted turn-lane was suggested as an alternative to the raised median to provide
easier cross-traffic driveway access.
Response: Based on the high traffic volumes on Broadway, and the high
frequency of driveways, uncontrolled cross-traffic turns represent a
severe traffic hazard. The raised median acts to limit left turns to
major intersections where cross-traffic turns can be better anticipated
by oncoming traffic.
6. There was concern that the existing street is not wide enough to construct a 16-foot
center median.
Response: The existing street meets the City standard width for a 4-lane major
roadway with the exception of the northbound lanes at the intersection
with "L" Street. In this area, the outer curb is to be widened up to six
feet.
7. It was commented that the existing driveway at the "Cal Stores" property was not
wide enough for safe access.
Response: The existing driveway width is 24 feet, which meets the City driveway
standards for a commercial property.
8. It was requested that the City backfill the old Telegraph Canyon Channel as a part
of the Broadway improvements project.
Response: Since the initial property owners' meeting, the old Telegraph Canyon
Channel has been partially filled by the adjacent property owners.
9. The driveway locations shown on the Conceptual Plan at the Bungalow Apartments
and adjacent auto body shop are inaccurate. A sidewalk underdrain may also be
necessary at this location to pick up on-site drainage.
Response: The Conceptual Plan has been revised to show the correct driveway
locations.
10. There was concern regarding the length of any temporary street closures during
construction and the general affect that construction will have on businesses.
Response: The Contractor will be required to maintain access to all properties
throughout the project. However, detours and slowed traffic on the
street during construction is likely to affect business in general. The
majority of the demolition and repaving work will be performed in a
3 month period.
1/S00342.4 18
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11. There was concern regarding several recent commercial developments within the
project area which were required to construct only a 5-foot sidewalk, rather than the
8-foot sidewalk required by the City standard street cross sections.
Response: Revised Street Standards were adopted by the City in February 1990.
Several commercial projects along Broadway had approved site plans
prior to this date.
12. The decision to relocate existing utility features outside the 8-foot sidewalk was
discussed.
Response: In general, a guideline was established that at least 5 feet of clear
pedestrian space should be provided if utility features are not
relocated.
13. For proposed commercial development projects within the project area, it was
questioned whether public improvements constructed privately before the City's
project could be reimbursed from the City.
Response: Ken Goldkamp informed the property owners that this would not be
possible. However, a delay in processing ti!e private permit may allow
the City to install the public improvements prior to on-site
development.
I/lOO342.4 19
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VL CONCEP1UAL DESIGN
Analysis of the existing constraints and identification of design criteria has led to a design
concept for improvements. The conceptual design is shown as Exhibit E, Sheets 1 through
4. The following paragraphs explain the design approach and summarize the improvements
for each of the major project components: Drainage, Pavement Design, Medians, Curbs and
Sidewalks, and Utilities.
A. Drainaie
Within the study area, there are two major existing street drainage problems, at the
"L" Street Intersection and at the Naples Street Intersection, as follows:
"L" Street Draina~e
At the southeast corner of the Broadway /"L" Street intersection, an existing 4-foot
catch basin intercepts surface runoff, conveying flows across the intersection in an 18-
inch pipe, and discharging the water into the adjacent street gutter. The slight grade
on the pipe and the substandard outlet structure on the adjacent curb have created
a maintenance problem in addition to being undersized for the tributary drainage.
The Fogg Study records a 100year ultimate design flow of 24 cfs at this location. In
order to alleviate the existing drainage problem, the conceptual design includes an
enlarged catch basin on the southeast corner, and a storm drain extension from this
catch basin at "L" Street to the existing Telegraph Canyon Channel (approximately
1,000 feet). A 30-inch RCP storm drain at a hydraulic grade line (HGL) slope of
.005 would be sufficient to carry the 100year design flow. Since the downstream
channel is designed to flow under pressure during peak flows, a flapgated outlet
structure in an adjacent manhole would be required to prevent backwater flows
entering the storm drain from the channel. Due to the wide disparity in runoff peak
times between the storm drain system and the Telegraph Canyon watershed, this
arrangement should be satisfactory for both drainages.
Naples Street Draina~e
At the southeast corner of the Naples/Broadway intersections, surface flows are
conveyed northerly across Naples Street via an existing concrete cross gutter. The
cross gutter shows evidence of frequent ponding of nuisance water and the occasional
"bottoming-out" by fast-moving vehicles through the intersection.
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The Fogg Study records a to-year ultimate design flow of 77 cfs at this location. In
order to eliminate the cross-gutter design, the conceptual design includes two new
catch basins on the southeast comer of the intersection with a storm drain extension
northerly to meet the existing 60-inch storm drain near Crested Butte Street
(approximately 500 feet). A 39-inch RCP storm drain at a hydraulic grade line
(HGL) slope of .OOS would be sufficient to carry the 100year design flow. The tie to
the existing 60-inch pipe does not represent a diversion between watersheds, since
this area currently drains to the catch basin on Broadway over the existing pipe.
Based on the proposed street crossfall of 2 percent, the street section is sufficient to
carry the to-year ultimate surface flows not collected by the subsurface storm drain
system, while maintaining a 20-foot dry lane on either side of centerline.
B. Pavement Desiin
Analysis of the existing pavement section has identified several explanations for the
visible deterioration of the pavement surface, including the following:
1. The existing observed pavement section does not meet current design loading
conditions.
2. Settlement has occurred in the backfill of utility trenches.
3. Differential settlement has occurred between those portions of the roadway
underlain by a concrete pavement and those underlain only by asphalt and
base.
4. Water infiltration into subgrade soils or between base layers may have caused
weakness.
5. The expected 20-year service life of the original asphaltic pavement
construction has expired.
For purposes of pavement analysis, the project length has been divided into three
reaches, each with unique pavement design recommendations. A summary of
minimum recommended structural pavement sections is shown as Exhibit D,
including the following pavement options:
Option A:. Asphaltic Concrete Overlay
The accumulated layering of subsequent asphalt concrete overlays has raised the
street grade considerably since its original construction, leading to substandard street
crossfall and the reduction of on-street runoff flow capacity. For this reason, the
option of overlaying an additional asphaltic concrete layer on the existing surface has
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been discounted. Such an overlay would not remedy differential settlement and
utility backfill settlement which would be reflected up through the new pavement
layers. An additional 4 to SlI.! inches of asphaltic concrete overlay would be required
in order to meet the necessary design section.
Option B: Asphaltic Concrete over Aggregate Base
This alternative represents the pavement section which would be recommended if the
roadway were being constructed for the first time, on native soil sub-base. The depth
of recommended base material varies from 7 to 16 inches, and the depth of asphaltic
concrete varies from 6 to 8 inches. Due to the large section (13 to 24 inches), this
alternative necessitates removal of all existing pavement and base.
This alternative may also present conflicts with any existing shallow utilities.
Option C: Full-Depth Asphaltic Concrete
In the event that aggregate base material is not readily available, a full-depth
asphaltic concrete roadway section may be used. This option requires less total
depth than Option B (10 to 16 inches vs. 13 to 24 inches).
Other Considerations
It is likely that, following removal of the existing pavement section, certain areas of
the subgrade will require remedial work due to soil characteristics or moisture
content. The geological investigation recorded highly variable results for the
underlying soils conditions. Many additional borings would be required to identify
the specific areas requiring remedial grading or compaction.
If the existing pavement section is to be recycled to partially provide for the new
aggregate base layer, then additional testing and analysis would be required to
validate the make-up and strength of the recycled pavement.
Medians. Curbs and Sidewalk
Based on the criteria established under Section III, "Design Criteria", the following
improvements are to be constructed in conjunction with repaving of the roadway
surface:
1.
Reconstruction of the outer northbound curb from "L" Street approximately
500 feet south. This improvement widens the centerline-to-curb distance from
35 to 40 feet. Four driveway approaches are to be reconstructed with the
sidewalk improvements.
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SUMMARY OF MINIMUM RECOMMENDED STRUCTURAL PAVEMENT SECTIONS
Minimum Recommended Structural Pavement Sections ( inches)
Asphaltic Concrete
A.C. Ca !trans Full Depth Overlay
Aspha !tic over Class 2 OR Asphaltic OR on Existing
Roadway Section Concrete Aggregate Base Concrete Section
~ Broadway
- from Naples to 6 7 10
I 100' north of 4
W Crested Butte
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N Broadway
w from 100' north 7 16
of Crested Butte 8 14 16 5-1/2
to 300' north of
Moss Street
Broadway
300' north of 6 11
Moss Street to 7 9 12 5
l Street
EXHIBIT D
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2.
3.
4.
5.
Reconstruction of the center median. The median varies from 4 to 16 feet in
width. Landscaping of the median will include approximately 65% hardscape
to 35% landscape.
Reconstruction of curb returns at the following locations:
"L" Street/Broadway
"L" Street/Broadway
Arizona/Broadway
Moss/Broadway
Moss/Broadway
Moss/Broadway
Crested Butte/Broadway
Naples/Broadway
southeast comer
southwest comer
southwest comer
northwest corner
southwest comer
southeast comer
northwest comer
northwest comer
Each of these improvements will require that additional street right-of-way be
acquired from the property owner of the respective comer lot.
Approximately 20,000 square feet of sidewalk construction is proposed to
widen and connect existing pedestrian walkways.
Approximately 4,000 square feet of driveway approaches is proposed.
Approximately 1,500 linear feet of curb and gutter re-construction is proposed
along the outside lanes of traffic due to visible deterioration of the existing
curb, settlement, ponding of water, and the widening at "L" Street.
6.
7.
Handicapped access ramps will be provided at all street comers.
Sidewalk underdrains will be necessary at 1001 Broadway and 1088 Broadway
to convey runoff from existing low points on private ownership to the street
gutter.
8.
9. Grading outside the street right-of-way will be necessary at 906 Broadway and
980 Broadway to provide for a 5:1 downhill slope from the edge of right-of-
way to the existing ground elevations.
1{5OO342.4
At other properties, minor grading or paving may be required to meet the
proposed sidewalk construction.
The project also includes curb and sidewalk improvements and street
widening along a 100-foot reach on the north side of Naples Street, just west
of Broadway.
10.
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D. Utilities
Apart from storm drain construction, the utility improvements to be constructed
include the following:
1. Re-setting of water meter vaults to match the proposed finished grade. A
draft copy of the Preliminary Design Report has been forwarded to the
Sweetwater Authority for future coordination of the final engineering
drawings.
2. Undergrounding of overhead power lines on the west side of Broadway. This
work is being coordinated with SDG&E to insure consistency between
proposed construction schedules. This work will complete the work included
in the Undergrounding Utility Conversion District formed on December 10,
1985, by City Resolution No. 12276.
3.
Relocation of some transformer units, traffic boxes, and telephone cabinets
which interfere with safe pedestrian access. A criteria was established to
maintain at least 5 feet of clear width for pedestrian access on all sidewalks.
4.
Resetting of sewer and storm drain manholes to adjust the manhole lid to new
finished grade elevations in the street.
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I/S00342.4
25
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vm. PREUMINARY COST ESTIMATE
Preliminary construction costs were determine for the proposed street improvements based
on several sources of current construction cost data for San Diego County. The preliminary
quantity and cost estimate is summarized in Exhibit E.
The total estimated construction cost is $1.77 million, in June 1991 dollars. This information
is presented to the City for determination of project feasibility as originally scoped. The
cost figures are estimates only and do not include future fluctuations in cost factors. All
quantities were compiled using scaled and planimeter measurements from the approved Site
Plan.
The preliminary cost estimate is based on the following cost assumptions:
1. Undergrounding of overhead power lines will not be a cost item to the City.
2. The existing concrete slab beneath the AIC cover is approximately 40 feet wide and
5 inches thick throughout the project length.
3. The existing AIC pavement is approximately 8 inches thick throughout the project
length.
4. The estimated costs do not include a cost savings for recycling of the existing
pavement for aggregate base.
5.
The estimated costs do not include allowance for subgrade reconstruction or
dewatering.
6. At intersections, a sawcut at the curb return and 3D-foot reach of overlaid payment
was assumed sufficient to match grades between streets.
7. No cost for interim paving for purposes of traffic detours is included.
8. Grade adjustment to utility vaults will not be a cost item to the City. Cost for
adjustment to meter boxes for water services will be split evenly between the City
and the Sweetwater Authority.
9. Relocation of telephone cabinets and transformers will not be a cost item to the City.
10. Right-of-way costs are not included.
l/S00342.4 26
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Meeting Minutes
Property Owner Meeting
Broadway Improvements
City of Chula Vista
March 14, 1991
The following minutes record the participation and discussion conducted in a property
owners meeting held on March 14, 1991 from 4:00 p.m. to 7:00 p.m. in the Blue Room at
the Chula Vista Marina, 550 Marina Parkway. Attached is a list of those who received
meeting announcements, a sign-in sheet from the meeting, and completed Comment Sheets.
The attendees were as follows:
NAME
ADDRRC;S OR ORGANIZATION
Ken Goldkamp
Dennis Davies
Zoubir Ouadah
Bill Shaw
Dale Harvey
Martha Griffith
Charles Woo
Elmer Parker
Richard Wright
Mac McElravy
Walt Humphrey
Delores Humphrey
Mr. Cortaneda
Jorge DeLeon
Mr. Hom
City of Chula Vista
City of Chula Vista
City of Chula Vista
RBF
RBF
980 Broadway
945 Broadway
960 Broadway
1043 Broadway
984 Broadway
975 Broadway
975 Broadway
1077 Broadway
1070 Broadway
1060 Broadway
MEETING FORMAT
The meeting was held as an opportunity for concerned property owners to view conceptual
plan exhibits and to discuss the plan with City representatives and their consultants. Each
attendee was given a personal overview of the Scope of the project followed by an
examination of the impacts to their specific property of concern.
G/500342.min
,2,1 - ; &j
DISCUSSION TOPICS
The majority of discussion was focused on right-of-way acquisition, median construction,
landscaping, construction phasing, driveway access, and parking. The following is a summary
of the prevalent questions or discussions encountered:
1. A painted turn-lane was suggested as an alternative to the raised median to provide
easier cross-traffic driveway access.
2. There was concern that the existing street is not wide enough to construct a 16-foot
center median.
3. The driveway locations shown on the Conceptual Plan at the Bungalow Apartments
and adjacent auto body shop are inaccurate. A sidewalk underdrain may also be
necessary at this location to pick up on-site drainage.
4. There was concern regarding the length of any temporary street closures during
construction and the general affect that construction will have on businesses.
5. There was concern regarding several recent commercial developments within the
project area which were required to construct only a 5 foot sidewalk, rather than the
8-foot sidewalk required by the City standard street cross section.
6. The decision to relocate existing utility features outside the 8-foot sidewalk was
discussed. In general, a guideline was established that at least 5 feet of clear
pedestrian space should be provided if utility features are not relocated.
7.
For proposed commercial development projects within the project area, it was
questioned whether public improvements constructed privately before the City's
project could be reimbursed from the City. Ken Goldkamp informed the property
owners that this would not be possible. However, a delay in processing the private
permit may allow the City to install the public improvements prior to on-site
development.
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Meeting Minutes
Property Owner Meeting
Broadway huprovements
City of Chula Vista
January 29, 1991
The following minutes record the participation and discussion conducted in a property
owners meeting held on January 29, 1991 from 3:00 p.m. to 7:00 p.m. in the Blue Room at
the Chula Vista Marina, 550 Marina Parkway. Attached is a list of those who received
meeting announcements, a sign-in sheet from the meeting, and completed Comment Sheets.
The attendees were as follows:
NAME
ADDRRC\S OR ORGANIZATION
Ken Goldkamp
Dennis Davies
Hal Rosenberg
Bill Shaw
Lew Gluesing
Paul Keck
Dale Harvey
Bill Cosby
Martha Griffith
George Pomstock
Carol Pomstock
Suzanne Woo
S.P. Hanna
Elmer Parker
Dotti Page
Dick Malzahn
Richard Wright
City of Chula Vista
City of Chula Vista
City of Chula Vista
RBF
RBF
RBF
RBF
California Custom Truck Shell
980 Broadway
1067 Broadway
1067 Broadway
634 Ash
947 Broadway
960 Broadway
1077-1081 Broadway
1081 Broadway
1043 Broadway
).1 HE lING FORMAT
The meeting was held as an opportunity for concerned property owners to view conceptual
plan exhibits and to discuss the plan with City representatives and their consultants. Each
attendee . was given a personal overview of the Scope of the project followed by an
examination of the impacts to ,their specific property of concern.
G/S00342.min
:2/ - if;..
DISCUSSION TOPICS
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The majority of discussion was focused on right-of-way acquisition, median construction,
landscaping, construction phasing, driveway access, and parking. The following is a summary
of the prevalent questions or discussions encountered:
1. It was suggested that the 2-hour on-street parking restriction be lifted. Businesses
along Broadway are not of the "store-front" shop variety which benefit the most from
restricted parking.
2. An observation was made that many vehicles fail to distinguish the raised centerline
median (asphalt curb) at night, when exiting a driveway across traffic lanes.
3. The lengthened left turn pocket at Arizona Street was viewed as a much-needed
improvement.
4. There was concern over any attempts to close cross-traffic turns to Arizona Street.
5. A painted turn-lane was suggested as an alternative to the raised median to provide
easier cross-traffic driveway access.
6. There was concern that the existing street is not wide enough to construct a 16-foot
center median.
7. It was commented that the existing driveway at the "Cal Stores" property was not
wide enough for safe access.
8. It was requested that the City backfill the old Telegraph Canyon Channel as a part
of the Broadway improvements project.
9. The driveway locations shown on the Conceptual Plan at the Bungalow Apartments
and adjacent auto body shop are inaccurate. A sidewalk underdrain may also be
necessary at this location to pick up on-site drainage.
10. There was concern regarding the length of any temporary street closures during
construction and the general affect that construction will have on businesses.
G/SOO342.min
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COUNCIL AGENDA STATEMENT
Item 2.:2-
ITEM TITLE:
Meeting Date 7/16/91
Resol ut i on I~')J, 5 Approvi ng the temporary closure of
Bonita Road and a portion of Otay Lakes Road to conduct
Bonitafest
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City Manager~~~~\ (4/5ths Vote: Yes___No-X-)
SUBMITTED BY:
REVIEWED BY:
The Bonitafest Committee and its sponsoring organization, the Bonita Business
and Profess i ona 1 Associ at i on, is requesting permi ss i on to conduct the 19th
Annual Bonitafest on Saturday, September 28, 1991. As part of this request,
Bonita Road and Otay Lakes Road are being considered for a temporary closure.
RECOMMENDATION: That Council approve the temporary closure of Bonita Road
between Willow Street and Central Avenue for the parade and staff's proposal
for a partial closure of Otay Lakes Road north of Allen School Lane subject to
the conditions listed.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Bonita Business and Professional Association is sponsoring the 19th Annual
Bonitafest on Saturday, September 28, 1991, and is requesting permission to
conduct the event. The main activities will include a parade along Bonita
Road and the operation of over 300 booths by profit-making and non-profit
groups selling arts and crafts items and food/beverages.
The parade is scheduled for 10:30 a.m. to 12:30 p.m., and will necessitate the
closure of Bonita Road from Central Avenue at the east end to Willow Street on
the west end. (Both Central and Wi 11 ow wi 11 remain open at all times.) Thi s
closure would be in effect from approximately 10:00 a.m. to 1:00 p.m. The
parade will consist of marching units, marching bands, floats and other
motor-driven vehicles, as well as equestrian units. All horses will be ridden
by their owners. Streamers, balloons, and noise-making devices will not be
permitted along the parade route. The route will be marshaled by the sponsor
and police.
Arts and crafts booths will be set-up in parking areas on the south side of
Bonita Road from Willow Street to east of Otay Lakes Road.
In addition, the Traffic Engineering Division and the Chula Vista Police
Traffic Division have reviewed the request from the Bonita Business and
Professional Association to close Otay Lakes Road from Bonita Road south to
the intersect i on of All en School Lane/Cami no El evado. The requested closure
is for Saturday, September 28, 1991 from 7:00 a.m. to 5:30 p.m.
;;'2-1
Page 2, Item ~A.
Meeting Date 7/16/91
Staff does not recommend the proposal to close off Otay Lakes Road and Bonita
Road to divert traffic to Allen School Lane and Allen School Road.
Traffic volumes on Otay Lakes Road are approximately 20,000 vehicles per day.
Bonita Road volumes are approximately 27,000 vehicles per day. The large
amount of traffic diverted to the narrow residential two lane streets, Allen
School Road and Allen School Lane, is unacceptable. The pedestrian crosswalk
at Allen School Road is always heavily used for this event since the
Bonitafest is on either side of this intersection. Thus, the diverted traffic
would still go through the Bonitafest crowd and staff does not want to channel
all area traffic to this intersection.
As an alternative Engineering staff recommends the closure of the west side of
Otay Lakes Road with one lane of traffic in each direction utilizing the east
half of the roadway from Bonita Road south past Allen School Lane. This area
could accommodate parking or more booths to give more a feel ing of drawing
both centers together. The first available opportunity for staff to meet with
the Bonitafest committee was 5:00 p.m. Friday and, therefore, as of the
writing of this document, we do not know if this alternative is acceptable to
them. Staff will provide more input at the Council meeting.
Pedestri ans cross i ng Otay Lakes Road to and from Bonita Centre East will be
allowed to cross only at the marked crosswalk at the intersection with Bonita
Road. Vi 11 as Dri ve at the i ntersectl on with Otay Lakes Road will be closed.
Songbird Lane residents will be allowed right turns in and right turns out of
the street.
The Bonita Business and Professional Association will be required to provide
staff wi th a traffi c control plan for the part i a 1 road closure of Otay Lakes
Road. In addition, all necessary traffic control devices such as
cones/delineators, barricades and signs for the duration of the event will be
their responsibility.
The Police Department has expressed a need to have additional parking for this
event since there is a great demand for on-street parking on adjacent
streets. The possibility of shuttle service from area parking facilities such
as: Rohr Park and Bonita Vista High School should be explored. Last year
many people were cited for parking illegally. The Chula Vista Police
Department will continue to enforce all parking prohibitions in the area.
The Committee will contact the Police Department to arrange for adequate crowd
and traffic control throughout the day. The sponsor will pay for all required
police services.
Staff is recommending approval subject to the following conditions:
1. Provision of evidence of insurance in the form of a Certificate of
Insurance and a policy endorsement in the amount of $2 million, naming the
City as additional insured.
~J.. - z..
Page 3, Item 1.2-
Meeting Date 7/16/91
2. Execution of a Hold Harmless Agreement by the Bonitafest sponsor.
3. Sponsor to submit a traffic control plan for approval by the Traffic
Engineering Division.
4. Sponsor to rent and provide adequate traffic control devices, no parking
signs, as specified by the Pol ice Department and the Traffic Engineering
Division.
5. Sponsor to make arrangements for police coverage at the event.
6. Sponsor to reimburse the City for all staff services.
FISCAL IMPACT: Other than the administrative costs of processing this
request, there is no direct fiscal impact to the City. The sponsor will be
responsible for reimbursing the costs of City staff support.
FR/mad:CY-029
WPC 5692E
Attachments: Area Plats (2)
Area Pl at - Otay lakes Road
letter and drawi ng dated 6/24/91 NOr S(AN"'~/)
letter dated 6/25/91 Nfl r Stt4N"'/i:1)
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DRAWN BY
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OAT E 7/10/91
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OTAY LAKES ROAD
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RESOLUTION NO. II,,~S
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE TEMPORARY CLOSURE OF
BONITA ROAD AND A PORTION OF OTAY LAKES ROAD
TO CONDUCT BONITAFEST
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, the Bonitafest
organization, the Bonita Business
is requesting permission to conduct
Saturday, September 28, 1991; and
Committee and its sponsoring
and Professional Association,
the 19th Annual Bonitafest on
WHEREAS, as part of this request, Bonita Road and otay
Lakes Road are being considered for a temporary closure; nd
WHEREAS, staff is recommending the temporary closure of
Bonita Road between willow Street and Central Avenue for the
parade and staff I s proposal for a partial closure of otay Lakes
Road north of Allen School Lane subject to the conditions listed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the temporary closure
of Bonita Road between Willow street and Central Avenue for the
parade and staff I s proposal for a partial closing of Otay Lakes
Road north of Allen School Lane for the Bonitafest on
September 28, 1991 subject to the following conditions:
1. Provision of evidence of insurance in the form of a
Certificate of Insurance and a policy endorsement in the
amount of $2 million, naming the City as additional insured.
2. Execution of a Hold Harmless Agreement by the Bonitafest
sponsor.
3. Sponsor to submit a traffic control plan for approval by the
Traffic Engineering Division.
4. Sponsor to rent and provide adequate traffic control
devices, no parking signs, as specified by the police
Department and the Traffic Engineering Division.
5. Sponsor to make arrangements for police coverage at the
event.
6. Sponsor to reimburse the City for all staff services.
bYJ)
presented by
John P. Lippitt, Director of
Public Works
906la
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BO~ITA BUSIXESS
& PROFESSIC~AL AS30C IA TIO::\
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June 24. 1991
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Hayor Tim Nader & City Council Hembers;
City of Chula Vista, Gffice of the Hayor
276 Fourth Avenue
Chula Vista, CA 91310
Dear Hayor & City ,ounc~l Hembp.rsl
We are fast arproach.ng our 19th Annual Sonitafest which will
be held on Saturday, Sepcember 28th. Bonitafest is feeling the
growth of Sweetwater Valley and the surrounding areas. The Sooth
rental spaces are being expanded as well as events to include
Bonita Centre East this year.
For safety reasc~s, we respectfully ask you to consider the
following request fo. traffic detour and partial closure (please
revue the attached aap)1
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 tralfic lite. Villas Drive would be closed onto
Otay Lakes Road, howevere , would still be accesible froll Bonita
Road. Songbird Lan.. traffic could be diverted south onto Otay
Lakes Road to either ~s~ Allen School Road or up to H Street.
Our organization will notify all residents with appropriate
flyer (8 to 10 homes) 0:1 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, an, notify all residents to use the Bonita Road
exit/entrance.
Your help and cooperation in assisting us with our annual
community event is deeply appreciated. Thanking you in advance
'O';j '~~'''O';
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Gail Lee, Co-Chairwoman
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Serving Ihe South Bay since 1882
T. Pat Cavanaugh
P\bllsher
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To:
Date:
Honorable Mayor, City
City of Chula Vista
June 25, 1991
,
Councilman
Re: Bonitafest
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Enclosed is a request from the Co-chairwo~en 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 Benita Business and Professional
Association. If you would look kindly on this request it will allow the
Bonitafest to expand over to the Bonit~ Center East th~s year.
The Bonltafest 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.
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By approving this request it will allow the Bonita Business and Professional
Association to expand the scope of Bonltafest and ensure Its presence for
many years to come.
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Thanks for your consideration. /,.,;.- ,,\'10,\\11'_ ,_,
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T. Pat Cavanaugh . tj',. ~ ,:,,:: fJ"~;'
Vice President ~ t.~:.'IY~ Of.dot .:-
Bonita Business and Professional Associati~~\ <,.".;. ",t.,')\ /if.
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CHULA VISTA OIMPERIAL lEACH:: NAnONAL CITY ::8~5 THRD AVENUE ~JCA 92011 0619.427.3000
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TO: Councilman Jerry Rindone
FROM: John D. Goss, City Manager-l~ ~~,
SUBJECT: Questions Raised Regarding July 16 Council Agenda
Ju ly 15, 1991
Item No. 5-C - MAAC Project is in a possible default of a loan to the City or
etc. What legal obligations has MAAC not fulfilled to the City? Pending this
request for the waiver of a conditional use permit and environmental study
fees.
We are not aware of a loan which the MAAC project is in default on. The City
of Chula Vista did allocate $50,000 to the MAAC project out of the 1991-92
CDBG entitlement funds for purchase of an office building in Chula Vista.
In addition, the City is constructing a parking lot (with City and County CDBG
funds) for MAAC Project at the Otay Community Center; the construction will
begin next week. The City took over this project because MAAC Project staff
was unable to coordinate the design, award, and construction of the project.
The MAAC Project has been in violation of their Conditional Use Permit since
January, 1990 when they completed the addition to the Otay Community Center
(and did not build the additional parking).
MAAC Project is one of the largest private, non-profit social service
providers in the County. They provide a variety of services to Chula Vista
residents. Their proposed residential facility for recovering alcoholics will
help the City fulfill its Social Service Plan, which identifies services for
substance abusers as the highest priority.
Item 8-A - Who is the City's lead Communication Operator?
There is more than one, but the person affected by this action is Sue Brown.
Item 9 - Why do we need a consultant for the evaluation of employee benefit
services? Isn't this a typical function of a Personnel Department?
Please refer to attached memo submitted by Diana Levin, Risk Manager.
Item 17 - Why is staff time specifically charged to this project? Is all
staff time assigned to specific projects and not charged to the General Fund?
What staff are we talking about?
On all CIP Projects Engineering Division staff spends time in a project's
various phases. These may include preliminary work to get field data for
design, actual design of the project, contract administration and inspection,
and construction surveying. This not only includes Engineering Staff, but any
other department's time when that department works on the project. An example
would be Planning Department working on a project in connection with the
environmental clearance. Under the City's accounting system, all of the City
personnel are charged to the General Fund directly. The departments keep
track of time spent on various projects which are funded by other sources,
such as Gas Tax, and reimburses the General Fund for this time at the full
cost recovery rate. The full cost recovery rate includes all overhead which
includes items such as space rental, departmental and Citywide supervision,
Councilman Jerry Rindone
Page 2
and vehicle use. In addition to staff time, all expenses necessary to
complete a project are billed to the project. These items may include postage
for special mailings or notices, reproduction costs, or materials and supplies.
Item 20 - What are "Panhandle lot standards?" Please explain.
The Panhandle lot provisions are intended to address the issues unique to lots
which contain or are served by a private drive or easement as opposed to lots
which front upon a public or private street. These issues include the
calculation of usable lot area and setbacks, adequate access for fire
equipment, the need for guest parking, and questions of maintenance and
screening of the drive.
Please refer to the attached Panhandle lot provisions for the specific
standards.
DJG:mab
cc: Mayor/Council
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19.22.150 Panhandle lots. flag lots. or lots served by an easement-
Requil"elllents and conditions. . '
~ Panhandle lots. flag lots or lots served by In easement proposed ~thin I
subdivision shall ~et the criteria contained in this section ~
8. No lot lIay be created or developed under this provision' which could
otherwise be served by a public street unless approved by the director of
planning and the city engineer. .,
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c. All development pennitted under this provision. shall be subject to the .
regulations and requirements of this title except as otherwise regulated .
in this section. "
D. The division of any property under'this provision shall be subject to the
regulations of the State Map Act and Subdivision Ordinance of the city.
E. Not IIOre than four lots served by a private road or easement shall be
allowed under this provision unless this restriction is waived by the
director of planning or city council.
F. The responsibility for the lIIintenance and cost of maintenance of all
common areas. roads or easements and guest parking areas shall be shared
under contractual agreement by the property owner of each lot; thi s shall'
be accomplished through the formation of a homeowner's ass~~iation.
S. Development criteria: '
1. Road and easement widths"shall be as follows: one lot, fifteen feet;
two or more lots. twenty"feet. . These widths lIay be increased if it is
detennined by the director of planning that a sidewalk is required.
2. All driveways, guest parking areas and roadways shall be paved with a
minimum of five inches of portland concrete cement.
3. Each lot shall contain an area not less than the minimum lot size of
the underlying zone exclusive of all private roads, CCll1lllon areas and
guest parking areas.
4. All onsite utilities shall be undergrounded.
5. Each dwelling shall be connected to a gravity sewer unless otherwise
approved by the city engineer.
6. An onsite fire hydrant lIay be required by the fire department when
such is deemed necessary.
7. Guest parking shall be provided as follows: one lot, one space; two
lots, three spaces; three lots, five spaces; four lots, six spaces. '
The individual driveways to the garage shall not be construed as
meeting the guest parking requirement.
8. Accessory structures shall not be located closer than ten feet to any
dwelling located on adjacent property.
9. The following setbacks shall be observed:
a. Front Yard. Fifteen feet from any access drive, and guest parking
areas; ,
b. Any garage facing an access drive shall be a lIinimum of twenty-two
feet from the drive,
c. Side Yard. ,Not less than that required by the underlying zone;
d. Rear Yard. Not less than that required JJy the underlying zone
.u(!on in.i.tial_ c~n~~r~ctJon.
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10. A minimum five-foot-high fence shall be provided on eaCh side of the
private drive behind the front setback and on those property lines
abutting adjoining properties. This requirement may be modified or
waived-by the director of planning if it is found that said fence 1$
not necessary for the protection of the adjoining properties.
11. If the property is graded to create a building pad for each lot, the
minimum level area (no slope over five percent) of each pad shall-be
not less than eighty percent of the minimum lot-size of the underlYJng
zone. but in no case shall the minimum area be less than five thouslnd
square feet. Development proposed on existing natural topography:
having an average natural slope of ten percent or greater, and .with
less than ten percent of the site to be graded, shall be subject to
the approval of the director of planning, who shall consider wheth~r
such development will adversely affect adjacent properties - or
c1evelopment.
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12. Guest lIarking areas shall be adequately screened from onsUe and
adjacent residential lIroperties.
H. No garage conversions shall be permitted.
I. Development shall be sabject to site plan and architectural approval of
. the director of planning.
COrd. 1868 S 2 (part). 1979.1
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".22.'60 Floor Area-RatiO.
Construction of dwell1ngs or any !'emodel1ng or additions to existing
dwellings shall have a floor area ratio (FAR) which limits the lIuimum
building area to 45' of the lot area for single family dwellings and 55' of
the lot area for duplexes. The floor area ratio calculation shall also
include the square footage of patios. garages and other accessory structures
present on the lot. For these purposes, an accessory- structure is defined as
any structure which rises 4 or more feet above finished grade. (Ord. 2144 S 2
(part) 1986.) -
".22.170 Building Additions and Remodeling.
A"1 remodeling or additions to existing dwellings, which when added to the
orig1nal building square footage equals 50' or greater than the original
building lIermit allowed. shall require the building to comply with-.turrent
zoning ordinance standards. Current building setback standards - shall.
however. apply only to new additions to an existing dwell ing. Original
building square footage shalt be determfned by submfttal of dfmensioned floor
and site plans by the applicant. which ere subject to N!view by the Director
of Planning for verification. fOrd. 2144 , 2 (part) 1986.
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