HomeMy WebLinkAbout1994/08/09 Agenda Packet
Tuesday, August 9, 1994
6:00 p.m.
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DATED. '.J/. SIGNED ,';'--
EVISE
Council Chambers
Public Services Building
Re2'ular MeetiDl! of the City of Chula Vista City Council
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Fox _, Horton _' Moore _' Rindone _, and
Mayor Nader _"
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
APPROVAL OF MINUTES:
August 1, 1994 (Special Meeting) and August 2, 1994.
3.
4. SPECIAL ORDERS OF THE DAY:
a. Proclamation declaring August 9, 1994, Citizens Adversity Support Team (CAST) Day. The
proclamation will be presented by Mayor Nader to Emerald Randolph, Program Director for
CAST.
b. Oath of Office: William Virchis - Cultural Arts Commission; Catherine Radcliffe - Parks and
Recreation Commission; and, John Willett - Growth Management Oversight Commission.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 14)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting that Southwestern College and the City of Chula Vista maximize their
efforts in drowning prevention by increasing swim instruction and practice - Mr. and Mrs.
Paul Webb, 1324 Yorba Ct., Chula Vista, CA 91910. It is recommended that the Council direct
staff to continue to meet with Southwestern College to maximize pool use by the City for
swimming classes.
Agenda
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August 9, 1994
6. ORDINANCE 2598 AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND RESCINDING
ORDINANCE NUMBER 2591 (first readin!!) - On 5/3/94, Council adopted
Resolution 17467, declaring the City's intent to amend its contract with the
Public Employees' Retirement System (PERS) to include the optional benefit
known as Military Service Credit as Public Service for local miscellaneous and
local safety members. On that same date, an ordinance was placed on first
reading to begin the amendment process, then placed on the 5/10/94 agenda for
adoption. PERS law requires a period of at least twenty days between the first
reading and adoption of an ordinance to amend the contract. In order to amend
the contract, as agreed with the employee associations, Ordinance 2591 must be
rescinded and a new ordinance placed on first reading, then adopted at least
twenty days later. Staff recommends Council place the ordinance on first
reading. (Director of Personnel)
7.A. RESOLUTION 1760 I ACCEPTING THE STATE OF CALIFORNIA USED OIL OPPORTUNITY
GRANT NUMBER UOOG-93-338-37 AND USED OIL BLOCK GRANT
NUMBER UBG2-93-430-37 TO ESTABLISH A USED OIL RECYCLING
AND PUBLIC EDUCATION PROGRAM - Oil sales and recovery records
indicate that approximately 250,000 gallons of used motor oil are improperly
disposed of in the greater Chula Vista area annually. Improper disposal includes
disposal in storm drains and on open ground which pollutes our watershed,
threatens wildlife and destroys their habitat. In May 1994, Council authorized
a $270,300 Used Oil Opportunity Grant application. A $101,550 Block Grant
application was also authorized in June 1994 to be submitted to the California
Integrated Waste Management Board. Resolutions with both grant applications
authorized the City Manager to execute the contracts. The City has now been
notified of full awards for both grant requests. Staff recommends approval of
the resolutions. (Administration)
B. RESOLUTION 17602 AMENDING FISCAL YEAR 1994/95 BUDGET TO INCLUDE THE USED
OIL RECYCLING AND PUBLIC EDUCATION PROGRAM AND ADD
TWO TEMPORARY, PART-TIME POSITIONS (,7 STAFF YEAR) IN
UNCLASSIFIED SERVICE IN THE WASTE MANAGEMENT AND
RECYCLING PROGRAMS AND APPROPRIATING FUNDS THEREFOR
- 4/5th's vote required.
8. RESOLUTION 17603 WAIVING THE COMPETITIVE BIDDING PROCESS, APPROPRIATING
$9,800 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL
FUND, AND AUTHORIZING THE PURCHASE OF A 1995 FIRE
SAFETY HOUSE TRAVEL TRAILER FROM SERRO SCOTTY R,V.,
IRWIN, PA - Over the past year, the Fire Department has been raising funds
throughout the community for the purchase of a 28-foot "Fire Safety House" to
be used as a fire prevention educational tool for the Chula Vista community.
To date, $25,288 of the $35,100 needed for the purchase of the trailer has been
raised from non-City fund sources. The request would fund the remaining
$9,800 from the City.s General Fund. Staff recommends approval of the
resolution. (Fire Chie!) 4/5th's vote required,
Agenda
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August 9, 1994
9. RESOLUTION 17604 ACCEPTING DONATION, AUTHORIZING EXPENDITURE AND
APPROPRIATING SAID DONATED FUNDS TO PURCHASE
COMMUNICATIONS EQUIPMENT FOR THE POLICE DEPARTMENT'S
SPECIAL WEAPONS AND TACTICS TEAM - The Police Department
recently received an unsolicited $3,000 donation from the North Island Federal
Credit Union. The donation is designated to fund the purchase of advanced
communications equipment for the Special Weapons and Tactics Team. Staff
recommends approval of the resolution. (Chief of Police) 4/5th's vote
required.
10. RESOLUTION 17605 ACCEPTING DONATION OF A MICROCOMPUTER SYSTEM FROM
DIXON RICE AND DAVID BRAUNSTEIN - On 7/29/94, Dixon Rice and
David Braunstein donated a microcomputer system to the Police Department.
They are local businessmen interested in assisting the Police Department
automate operations. The microcomputer system includes a 386-SX processor,
keyhoard, mouse and color monitor. Staff recommends approval of the
resolution. (Chief of Police)
11. RESOLUTION 17606 APPROVING AGREEMENT WITH SOUTH BAY COMMUNITY
SERVICES, INe. (COMMUNITY DEVELOPMENT PROGRAM),
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND
APPROPRIATING FUNDS THEREFOR - South Bay Community Services
provides numerous social services to the community. Over the past four years
the organization has expanded its scope of services to include community
development activities which include neighborhood revitalization, low income
housing development. and economic development aimed at low income
residents. The agreement allows for the continuation of those activities. Staff
recommends approval of the resolution. (Director of Community Development)
4/5th's vote required.
12. RESOLUTION 17607 APPROVING A GRANT REQUEST IN THE AMOUNT OF $55,100 TO
CALIFORNIA ADOLESCENT NUTRITION AND FITNESS (CANFit)
PROGRAM - In May 1994. a "letter of intent" was submitted by the Parks and
Recreation Department on behalf of the Chula Vista Youth Coalition in response
to the CAN Fit Program's Community-Based Funding Initiative. The Initiative
is seeking innovative nutrition/fitness education projects targeting low-income,
multi-ethnic adolescents (10-14 years of age) in California. On June 10th, the
Department was notified that its letter of intent was approved by CANFit and
the City was invited to submit a full proposal by 7/15/94. A total of $55,100
was requested for an initial12-month period to improve health-related behaviors
of youth in Chula Vista through innovative culturally and linguistically
appropriate programming. Staff recommends approval of the resolution.
(Director of Parks and Recreation)
13.A. RESOLUTION 17608 QUITCLAIMING IN FEE A PORTION OF LOT 4, MAP 12999 TO
LAURA ALlSON-SANIBELLE PARTNERSHIP, L.P., AND
AUTHORIZING THE MAYOR TO EXECUTE THE DEED ON BEHALF
OF THE CITY - On 11/9/93, Council approved a boundary adjustment for the
Agenda
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August 9, 1994
Sanibelle development to adjust the lot line common to Lot 4 of the subdivision
and the adjacent City-owned Open Space, Lot D. The developer granted in fee,
a portion of Lot 4 to the City and the City executed a deed granting a portion
of Lot D to the developer. However, the condominium plan filed by the
developer with the State Real Estate Office, and not processed through City staff
and recorded by the County Recorder did not reflect the adjustment. Since most
of the condominium units within Lot 4 have been sold, it would now be quite
difficult to process and file an amended condominium plan. The developer
would like to reverse the exchange of property and record reciprocal
maintenance easements between the City and the Sanibelle Condominium
Association. In addition, an encroachment permit for wrought-iron fence on
City Open Space land would need to be approved. Staff recommends approval
of the resolutions. (Director of Public Works)
B. RESOLUTION 17609 GRANTING AN EASEMENT FOR MAINTENANCE PURPOSES OVER
A PORTION OF LOT D OF MAP 12757 TO THE SANlBELLE
CONDOMINIUM ASSOCIATION AND AUTHORIZING THE MAYOR
TO EXECUTE THE GRANT OF EASEMENT ON BEHALF OF THE
CITY
C. RESOLUTION 17610 APPROVING AN ENCROACHMENT PERMIT FOR WROUGHT-IRON
FENCE ON CITY OPEN SPACE PROPERTY AND AUTHORIZING THE
DIRECTOR OF PARKS AND RECREATION TO EXECUTE SAME ON
BEHALF OF THE CITY
14. RESOLUTION 17611 APPROVING ENCROACHMENT PERMIT NUMBER PE-309 FOR
MONUMENT SIGN AT 374 "H" STREET AND AUTHORIZING CITY
ENGINEER TO ISSUE SAME - Gil Turollois, the owner of the medical
offices building at the southwest comer of "H" Street and Glover Avenue, has
requested an encroachment permit to construct a monument sign within the
City's right-of-way. According to Section 12.28.020 of the Municipal Code,
Council must consider approval of the request. Staff recommends approval of
the resolution. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommentlation,. complete
the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
None submitted.
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 yellow "Request to Speak Under Oral Communications Form" available
in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name
and address for record purposes and follow up action. Your time is limited to three minutes per speaker.
Agenda
-5-
August 9, 1994
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
15. REPORT UPDATE OF SOLID WASTE ISSUES AND CONSIDERATION OF
CITY'S OPTIONS FOR LOCAL ENFORCEMENT AGENCY (LEA)
DESIGNATION AND CERTIFICATION - Under AB939, cities are required
to designate a certified LEA to handle all of the solid waste permitting and
enforcement needs within the cities' boundaries. The City's currently designated
LEA is the County Department of Health Services. The City now has a
potential interest in building a solid waste transfer station within the City limits
for the purpose of sending waste to a landfill other than those in the nearby
County-owned system. The report explains the City's options with regard to
changing the current designation, discussing them in terms of pros, cons and
estimated costs. It is recommended that Council direct statf to: (I) Prepare and
issue a Request for Proposals for Tvpe "COO (transfer and processing stations,
materials recovery facilities, and composting facilities) permitting and
enforcement services from a qualified LEA; and (2) Report back within 60 days
with specific recommendations to include: (a) evaluation of proposals and
viability of executing a contract with another LEA, (b) withdrawal notice for the
current designation, and (c) status report on the future schedule for being able
to pursue LEA certification based on the transfer station should the City so
desire. (Deputy City Manager Krempl)
16. RESOLUTION 17612 ACCEPTING BID AND AWARDING CONTRACT FOR "SEWER
REHABILITATION - PHASE V IN THE CITY (SW-II5)" - On 7/13/94,
sealed bids were received for "Sewer Rehabilitation - Phase V in the City (SW-
115)." The work to be done includes excavation and grading, asphalt concrete
pavement, crushed aggregate base. trench shoring, traffic control, installation
of eight inch sewer mains, lining existing sewers using spiral-wound profile
ribbed PVC pipe, rehabilitation of existing manhole, and other miscellaneous
work shown on the plans. Staff recommends approval of the resolution.
(Director of Public Works)
17. REPORT REQUEST FOR TEMPORARY WAIVER OF FEES FOR PROPOSED
FARMERS MARKET AT BONITA VILLAGE CENTER - On 8/2/94,
Council directed the request for wiaver by Carolyn DiCerchio be placed on the
agenda for discussion and possible action. Staff recommends Council accept the
report. (Director of Planning)
18. REPORT UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report will
be given by staff.
Agenda
-6-
August 9, 1994
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
19. CITY MANAGER'S REPORTlS)
a. Scheduling of meetings.
20. MA YOR'S REPORTlS)
a. Ratification of appointment: Jennifer Ayer - Youth Commission; and, Robert Fisher - Resource
Conservation Commission.
b. State legislation restricting the utilization of revenues from bus advertising.
21. COUNCIL COMMENTS
Council member Horton
a. Referral to staff to evaluate appropriate staffing in the City Attorney's Office.
CLOSED SESSION
Unless the City Allorney, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are permilled by law to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session to best protectthe
interests of the City. The Council is required by law to return to open session, issue any reports of final action
taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
22. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
. John Hancock vs. the City of Chula Vista.
2. Anticipated litigation pursuant to Government Code Section 54956.9
. City vs. Solid Waste Management JPA (discriminatory rate structure).
Agenda
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August 9, 1994
23. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA), Western Council
of Engineers (WCE), Police Officers Association (POA), and International Association
of Fire Fighters (lAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
24. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
. Property: School District property next to Community Hospital Medical Center.
Negotiating parties: John Goss.
Under negotiation: Potential acquisition of site for Veterans Home.
25. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) a Joint Meeting of the City Council/Southwestern
College Governing Board on August 10, 1994 at 6:00 p.m. in Room 801 at Southwestern College, thence to a
Council Tour on Saturday, August 13, 1994 at 8:00 a.m., and thence to the Regular City Council Meeting on
August 16, 1994 at 6:00 p.m. in the City Couocil Chamhers.
COUNCIL AGENDA STATEMENT
ITEM
.va-
l\lliI<;llNG DAlE 8/09/94
ITEM TITLE: Proclamation Declaring August 9, 1994, Citizens Adversity
Support Team Day in the City of Chula Vista.
SUBMITTED BY: ChiefofPoliceV~
REVIEWED BY: City Manage~ r'J (4/Sth's Vote: Yes_ No..x)
BOARD/COMMISSION RECOMMENDATION: N/A
RECOMMENDATION: That Council Approve the Proclamation.
On August 9, 1993, after nine months of intensive planning and training, the Citizens Adversity
Support Team was put into operation. One year later, over 60 dedicated CAST volunteers have
responded to two-hundred and twenty-one (221) incidents at the request of Police Officers,
Firefighters and local hospital emergency rooms. CAST volunteers have helped over three-
hundred citizens and visitors by providing general information, referrals to social service
agencies and by simply being there to lend compassionate support.
The Chief of Police recommends CAST's one-year anniversary be commemorated by declaring
August 9, 1994, Citizens Adversity Support Day in the City of Chula Vista.
FISCAL IMPACT:
The Citizens Adversity Support Team provides immediate practical
and emotional support to victims of traumatic incidents and their
families. By relieving Police and Fire Department staff from this
responsibility, public safety units are placed back into an available
status more quickly and operational efficiency is enhanced.
J./~ -/
August 4, 1994
TO:
The Honorable Mayor and City Council
llL /'
John D. Goss, City Managerl{'; .\ l;
(,~~
City Council Meeting of August 9, 1994
FROM:
SUBJECT :
This will transmit the agenda and related materials for
meeting of Tuesday, August g, 1994. Comments
Communications are as follows:
the regular City Council
regarding the Written
Sa. This is a request from Mr. and Mrs. Paul Webb requesting that Southwestern
College and the City maximize their efforts in drowning prevention by
increasing swim instructions and practice.
IT IS RECOMMENDED THAT THE COUNCIL DIRECT STAFF TO CONTINUE TO MEET WITH
SOUTHWESTERN COLLEGE TO MAXIMIZE POOL USE BY THE CITY FOR SWIMMING
CLASSES.
On May 27, 1971, the City and the Sweetwater Junior College District
(Southwestern College) entered into a Joint Use Agreement for use of the
swimming pool facilities on the Southwestern College Campus. The term of
the agreement is for thirty (30) years and will expire in 2001.
The agreement stipulated that:
. College uses, programs, and desires would take precedence over City
uses and programs, and that the City would have use of the facility
only when the College made it available.
. Under normal conditions, the facility would be available to the City
during the summer months.
Over the last several years, the competition for the use of the pool has
increased dramatically. As the College increases their uses, according to
the agreement, the City has less opportunity to schedule swimming
programs.
Additional classes have been added to the schedules at Parkway and Loma
Verde Pool to compensate for the reductions at the College, but demand for
classes is growing, and the City is not able to accommodate all persons
interested in enrolling their children in swimming classes.
The City is fully prepared to offer additional classes and activities at
the Southwestern College Pools if time for such activities is made
available to the City.
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O:ULA ViSTA. CA
July 30,1994
T. Nader, Mayor
J. Goss, City Manager
J. Valenzuela, Director of Parks and Recreation
M. Basnight, Aquatics Coordinator
Dear Sirs;
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Chula Vista City Government
276 4th Ave
Chula Vista CA
Drowning is the leading cause of death for children four years old and ydunger. It is
a leading killer of young children up to the age of twelve. Southwestern College
and the City of Chula Vista have an opportunity to play major roles in the
prevention of water injuries and drownings. Their role is one of prevention
through swimming instruction and practice.
The only community pool east of 805 is the Southwestern College pool. With an
increasing population in this area, Southwestern College and the City of Chula
Vista need to maximize the use of our tax paying dollars for the community and not
just for adult students. This means increasing pool availability to the community.
Unfortunately, there is limited swimming instruction this summer at the College
and a waiting list of parents who want their children to learn to swim. In addition,
there is limited swimming practice time due to restricted open swim hours.
We request that Southwestern College and the City of Chula Vista maximize their
efforts in drowning prevention by increasing swim instruction and practice. These
efforts need to include:
· Opening additional swim classes at SWC this summer.
· Offering Open Swim at SWC for swimming practice through Labor Day.
· Expand swim classes offered at SWC in the future during peak lesson periods.
· Expand open swim hours at SWC in future summers.
We look forward to your timely review of this request and will await word through
the City of Chula Aquatics Program announcements which are posted at pool
locations.
Respectfully Submitted,
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COUNCIL AGENDA STATEMENT
ITEM
~
MEETING DATE AUQust 9. 1994
ITEM TITLE: ORDINANCE 2598 Rescinding Ordinance 2591 of the City of Chula
Vista authorizing an Amendment to the Contract
Between the City of Chula Vista and the Board of
Administration of the California Public Employees'
Retirement System.
SUBMITTED BY: DIRECTOR OF PERSONNFf. ,
REVIEWED BY: CITY MANAGERJ{ ~~\ (4/5th Vote: Yes_ No_X..!
This is a clean up item to correct a procedural error in the adoption of Ordinance
2591. On May 3, 1994, the City Council adopted Resolution 17467, declaring the
City's intent to amend its contract with the Public Employees' Retirement System
(PERSI to include the optional benefit known as Military Service Credit as Public
Service for local miscellaneous and local safety members. The City had agreed to
provide this benefit in the Memorandums of Understanding with all bargaining units.
On that same date, an ordinance was placed on first reading to begin the amendment
process, then the ordinance was placed on the May 10, 1994 agenda for adoption.
PERS law requires a period of a least twenty days between the first reading and the
adoption of an ordinance to amend the contract. The Personnel Department was
notified of the deficiency by letter from PERS on July 26, 1994. In order to amend
the contract, as was agreed with the employee associations, Ordinance 2591 must
be rescinded and a new ordinance placed on first reading, then adopted at least
twenty days later.
RECOMMENDATION: Rescind Ordinance 2591 and place the attached ordinance on
first reading. The second reading will be on the September 6, 1994 agenda. The
amendment will take effect on October 7, 1994.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: Personnel staff is unaware of any pending retirements where an
employee would be adversely affected by this delay in implementation. Personnel has
notified the employee associations of the delay and its cause.
FISCAL IMPACT: Was discussed in May 3, 1994 staff report. This benefit is
intended to be funded entirely by the individual employees using it. There is a
potential for a negligible increase or decrease in future unfunded liability due to
actuarial variables.
[A 113\RES.OR]
~-I
MEMORANDUM
DATE;
July 27, 1994
TO:
FROM:
JOHN GOSS, CITY MANAGER
CANDY BOSHELL, DIRECTOR OF PERSONNEL~
TERRI MCFARLAND, RISK MANAGER~
VIA;
SUBJECT:
PERS AMENDMENT - MILITARY SERVICE AS PUBLIC SERVICE
The 1993-94 MOUs contained a provision that the City would adopt
the above contract amendment prior to the end of last fiscal year.
The item was addressed by the City Council at their meeting of May
3, 1994. Unfortunately, the City Clerk placed the adoption of the
ordinance on the May 10 agenda rather than the May 23 agenda.
PERS notified the city on July 26, 1994, that the ordinance was
defective because less than 20 days had lapsed between the first
reading and the adoption. The ordinance needs to be rescinded and
a new ordinance adopted.
The Risk Manager has consulted with the City Clerk and they have
scheduled the first reading for August 9, 1994 and the adoption for
September 6, 1994. The amendment would then be effective on
October 7, 1994.
We are unaware of any employee who has been adversely affected by
this delay in amending the contract. The associations have been
notified of the delay by letter.
amendmem
ID-~
MEMORANDUM
DATE: July 27, 1994
TO: All Bargaining Units & Mid-Managers
FROM: Candy Boshell, Director of Personnel (}{j-
SUBJECT: PERS AMENDMENT FOR MILITARY SERVICE AS PUBLIC SERVICE.
The Personnel Department presented this contract amendment to the City Council on
May 3, 1994 with an intent to have the amendment take effect on June 24, 1994.
Unfortunately, we were advised by PERs on July 26, 1994 that the Ordinance was
unacceptable to PERS because of the timing of the first reading and the adoption of
the ordinance.
This error was due to a lack of communication between this department and the City
Clerk's office. It is not believed that any bargaining unit member has been adversely
affected by this error.
The item has been placed on the Council agenda for August 9th and September 6,
1994. The new estimated effective date is October 7, 1994.
[A 113\RES.ORI
ic-3
ORDINANCE NO. 2598
AN ORDINANCE OF THE CITY OF CHULA VISTA
AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY OF CHULA VISTA AND THE BOARD
OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND RESCINDING
ORDINANCE NO. 2591
The city Council of the city of Chula Vista does ordain as
follows:
section 1. That an amendment to the contract between the City
Council of the City of Chula vista of the City of Chula vista and
the Board of Administration, California Public Employees'
Retirement System, known as document number C094-066, a copy of
which is on file in the office of the City Clerk, is hereby
authorized and by such reference made a part hereof as though
herein set out in full.
section 2. The Mayor of the City of Chula vista is hereby
authorized, empowered, and directed to execute said amendment for
and on behalf of said Agency.
section 3. This ordinance shall take effect thirty days after
the date of its adoption, and prior to the expiration of fifteen
days from the passage thereof shall be published at least once in
the Chula vista Star News, a newspaper of general circulation,
published and circulated in the City of Chula vista and thenceforth
and thereafter the same shall be in full force and effect.
Presented by
Approved as to form by
Candy Boshell
Director of Personnel
Bruce M. Boogaard
City Attorney
t"lf
Council Agenda Statement
ITEM TITLE:
Item 7
Meeting Date 08/09/94
Resolution 1'1' , J Accepting the State of California Used Oil
Opportunity Grant # UOOG-93-338-37 and Used Oil Block Grant #
UBG2-93-430-37 to Establish a Used Oil Recycling and Public
Education Program.
Resolution J ? "" ..tAmending FY 1994-1995 Budget to Include
the Used Oil Recycling and Public Education Program and add two
Temporary, Part-time Positions (.7 Staff Year) in Unclassified Service
in the Waste Management and Recycling Programs and Appropriating
Funds Therefor.
SUBMITTED BY: Conservation Coorde\o!r '~
REVIEWED BY: City ManageLt ~)~\thS Vote: Yes]L No_)
BACKGROUND: Oil sales and recovery records indicate that approximately 250,000
gallons of used motor oil are improperly disposed of in the greater Chula Vista area annually.
Improper disposal includes disposal in storm drains, and on open ground which pollutes our
watershed, threatens wildlife and destroys their habitat.
In May 1994 City Council authorized a $270,300 Used Oil Opportunity Grant application. A
$101,550 Block Grant application was also authorized in June 1994 to be submitted to the California
Integrated Waste Management Board (CIWMB). Resolutions with both grant applications authorized
the City Manager to execute the contracts. The City has now been notified of full awards for both
grant requests and City Council action is necessary to accept the awards and appropriate the funds.
RECOMMENDATION: Approve the Resolutions.
BOARDS/COMMISSIONS RECOMMENDATIONS: The Resource Conservation
Commission reviewed and recommended the Used Oil Opportunity Grant and Block Grant for
submittal to the CIWMB at their April II, 1994 and June 20,1994 meetings respectively. Minutes
of the meetings are attached.
DISCUSSION:
Both the Used Oil Opportunity Grant and the Used Oil Block Grant (Grants) are regional grants that
include the Cities ofImperial Beach and National City. Their respective City Councils have submitted
resolutions authorizing the City of Chula Vista to execute the Grants on their behalf. No funds will
be directly paid to the cities but services to their residents and businesses will be provided as described
7~ /
Page 2 Item
Meeting Date 08/09/94
7
in this report.
The Opportunity Grant process was very competitive, with the CIWMB receiving over $8.5 million
in requests from 54 cities and counties. Chula Vista's proposal ranked sixth among 33 cities and
nineteenth overall. The Block Grants were awarded on a conditional, per-capita basis. Accepting
these Grants obligates the City to hire two interns and a temporary expert professional to carry out the
Program; as described in this report, these positions will be fully reimbursed by grant funds.
Together, the Grants provide $371,850 to develop and implement a regional used oil collection and
public education program. The Grants provide funds to assist local automobile service centers to
obtain state certification as a used oil recycling center. The Grants provide centers with technical
assistance to start and maintain the used oil recycling programs. The Grants also provide recognition
and financial incentives for business owners and residents to participate. This is a voluntary program
that will put an emphasis on catching people doing the right thing for the environment and reward
them for that behavior. The Grants provide funds to purchase and distribute free used oil recycling
containers, place ads in the local media, print and circulate public education material, and provide
financial incentives to participants.
The Grants also provide funds to contract with four local agencies to assist in the public education
effort:
I) The Chula Vista Elementary School will receive $63,000 to implement a used oil/recycling
watershed protection program.
2) The Nature Center will receive $48,700 to incorporate a used oil recycling component into
their existing third grade elementary class activities for Chula Vista students. They will also
receive funds to bus students in for the program from Imperial Beach and National City. The
Nature Center funding also includes $19,000 for a permanent display and financial assistance
to incorporate used oil into other visitor programming.
3) Southwestern Community College will receive $10,000 to implement workshops that will
assist local businesses to coordinate the development of their own used oil recycling programs
with grant resources and activities. This portion of the Grants will also include the kick-off
of City wide business recycling awards sponsored by oil grant funding.
4) The Urban Corp will receive $140,700 to provide the technical assistance to assist local
businesses with the start-up and maintenance of their programs and implement most of the
operational portion of the grant. The Urban Corps responsibilities include the implementation
of a regional point-of-purchase program and support to local schools.
The grants will reimburse the City totally for three part-time temporary positions. Two of the
positions are for part-time interns (999 hours each) that will work on implementation ofthe Used Oil
Recycling Grants under the Conservation Coordinator. The third position is a part-time temporary
?~J..
Page 3 Item ?
Meeting Date 08/09/94
expert professional (416 hours) that will work under the Nature Center's, Volunteer Coordinator to
implement a portion of the Used Oil Grants. The part-time expert professional will be a certified
teacher who will design the curriculum and select the materials needed to incorporate watershed
protection and used oil recycling principals into the Nature Center's third grade elementary science
classes. The teacher and Nature Center Volunteer Coordinator will co-instruct the classes which are
taught as a part of Chula Vista Elementary School District's formal curriculum. The 1994/95 budget
has an authorized.5 staff year although all previous grant-funded programs are complete and there
are no temporary staff members currently working in the waste management program. This resolution
to add.7 staff year will provide position authorization for two additional part-time staff members, the
temporary expert professional (.2 staff year) and one intern (.5 staff year).
FISCAL IMP ACT: The total cost of the proposed Regional Used Oil Recycling and Public
Education Program is $371, 850. All of the costs associated with the execution of the Program are
reimbursable by the State. The Grants provide some funds for potential "overhead" expenses to cover
costs the City may incur in implementation. Although matching funds were not required, a soft match
is provided by the program oversight performed by the City's Conservation Coordinator.
mtm2:oil-cntr.cc
Attachments
7..J
Line Item Appropriations
Used Oil Opportunity Grant # UOOG-93-338-37
270-2710 (Used Oil Opportunity Grant)
Personnel Expenses
5101
5141
5105
5143
5145
TOTAL
Overhead (Admin-grants)
5288
Contracts
5298
Equipment
5568
Materials and Supplies
5398
Other Costs
5392
Total
$ 17,000
247
653
17,900
9,000
140,700
32,500
20,000
1,500
221,600
Used Oil Block Grant # UBG2-93-430-37
270-2712 Used Oil Block Grant
Contracts
5298
Equipment
5568
Materials and Supplies
5398
Other Costs
5392
Total
$ 78,000
1,000
19,500
3,050
$101,550
7'V
Page 4 Item ?
Meeting Date 08/09/94
270-2711(Used Oil Grant BCT)
$ 4,000
1,300
7,500
110
290
$13,200
$ 3,500
$32,000
$48,700
$270,300
MINUTES OF A SCHEDULED REGULAR MEETING
Resource Conservation Commission
Chula Vista, California
6:30 p.m.
Monday, April 11, 1994
Council Conference Room
City Hall Building
CALL MEETING TO ORDER/ROLL CALL: Meeting was called to order at 6:40 p.m. by
Chairman Kracha. City Staff Environmental Review Coordinator Doug Reid called roll.
Present: Commissioners Hall, Kracha, Ghougassian, Johnson, and Burrascano. It was MSUC
(Johnson/Hall) to excuse Commissioner Myers from last meeting and also through the summer
until she finishes school; motion carried 5-0. It was MSUC (Hall/Burrascano) to excuse
Guerreiro from the meeting of March 7 and April 11 due to his school exams; motion carried
5-0. It was MSUC (Hall/Burrascano) to excuse Johnson from the meeting of March 21 due to
vacation; motion carried 5-0. Kracha stated he will be on vacation May 2-June 10, 1994.
APPROVAL OF MINUTES: It was MSUC (Johnson/Hall) to approve the minutes of the
meeting of March 7, 1994. The minutes of March 21 could not be approved due to no quorum
present from that meeting. It was noted that the minutes of February 7, 1994 are still
unapproved.
NEW BUSINESS:
1. Used Motor Oil Grant Application - Michael Meacham explained the grant requirements
and how he is seeking to have some of the money charged from the oil to be returned to
the City. The $240,000 regional grant application is being done on behalf of Imperial
Beach, National City and Chula Visa. He will also ask assistance from schools and
businesses to educate the public on programs to recycle oil. The Nature Center currently
has these classes and will work with them on preserving the environment.
It was MSUC (Ha1lIGhougassian) to recommend that Council approve the grant; motion
carried 5-0.
2. Review of Negative Declaration IS-94-10, Bonita Road Bicycle Lane: It ill noted that the
lanes were included in the General Plan. Opposition to the negative declaration included
comments on the cost, excess traffic, and that underground utilities would need to be
relocated.
A motion was made by Ghougassian to reject the project as it is not economical to the
City; motion died due to lack of second.
A motion was made by Hall, seconded by Burrascano to accept the negative declaration;
motion carried 4-1, no: Ghougassian.
Another motion was made by Hall, seconded by Ghougassian that the project be denied
due to safety problems with traffic. Burrascano felt that the bicycle lane was the best
?.>
;j
Resource Conservation Commission
Page 2
alternative for bikes. However, Hall and Ghougassian felt the danger existed for bikes to
be riding in the busy intersection too close to the freeway; motion failed 3-2, no:
Burrascano, Kracha.
A motion was made by Ghougassian, seconded by Hall to deny the project due to
unnecessary expense; motion failed 3-2, no: Burrascano, Kracha.
3. Review of Negative Declaration IS-94-14, European Parts Club, presented by Mr.
Martinez. After brief discussion, it was MSUC (Ghougassian/Burrascano) to accept the
negative declaration; motion carried 5-0.
4. Review of Negative Declaration IS-94-19, Modification to the EastLake Greens GDP/SPA.
Information was relayed on the density transfer within the approved areas of EastLake
Greens, and exchange of property between Otay Ranch and EastLake.
It was MSUC (Burrascano/Hall) to accept the negative declaration; motion carried 5-0.
[Ghougassian left the meeting at 7:50 p.m.]
5. Environmental Health Coalition: Kracha was distressed that this item was sent to Council
before RCC saw the draft. He questioned how long in advance this was docketed to
council. Further, he wondered if there would be other surprises to expect from the
relationship between the Environmental Health Coalition and the Environmental Resource
Manager. Kracha commented on how parts of the packet appeared to be generated by the
City, however, it is on record that the information is already in effect in San Diego
County. The packet further pertains only to City programs and operations, and he thought
it should be a countywide program. Since too many questions were left unanswered, this
will be an agenda item again at the next meeting.
6. Historical Signs: Kracha again expressed his dissatisfaction that the City Council
appropriated funding of $3700 to the Cultural Arts Co;r.mission in support of its activities
for the remainder of the fiscal year. Consequently, he was offended that in order to cut
its budget, the Council had removed the item of historical signs from RCC's budget with
the intention that the City Manager would find alternative funding for the signs. However,
this has not been done to date, yet the Council appropriated other funds for another
Commission.
A motion made by Hall and seconded by Burrascano to take the excess and unspent monies
in RCC's current budget and designate it to a fund to pay for signs for the historical
buildings; vote: 2-2, no: Johnson, Kracha. The no vote was expressed because it does not
solve the City's problem nor the City Manager's obligation of finding alternative funding.
Kracha stated that the problem of the signs has been unresolved for over five years and
residents are still waiting for the signs.
7-{,
Resource Conservation Commission
Page 3
It was suggested that a recommendation be made to the City Manager that it consider a
budget transfer and requirement funding of the signs. Additionally, as no other source of
alternative funds have been found, that this be reinstated as a line item into RCC's budget.
The R~C also seeks a commitment from the Council to purchase the balance of the signs
for designated historical buildings.
7. Environmentalist of the year award: no criteria for nomination was included in the agenda
packet. The Commission was informed that a presentation could be made at the
Beautification Award banquet on May 31, 1994. Since no nominations were made by this
date, nothing will be done for this year. It was suggested that criteria be developed for
nominations and that planning begin in a timely manner next year.
STAFF REPORT:
Doug Reid handed out information for the staff contact person on the issue papers.
CHAIRMAN'S COMMENTS:
Kracha communicated his disappointment in the way RCC is going.
COMMISSIONER'S COMMENTS:
Burrascano reported she heard back from Staff on the Landscape Manual and Brush
Management. Doug Reid said that staff members are willing to answer questions before
the Commission if requested.
ADJOURNMENT: The meeting was adjourned by Chairman Kracha at 8:30 p.m.
Respectfully submitted,
EXPRESS SECRETARIAL SERVICES
~~
Barbara Taylor
.
/~?
MINUTES OF A SCHEDULED REGULAR MEETING
Resource Conservation Commission
Chula Vista, California
6:30 p.m.
Monday, June 20, 1994
Conference Room #5
Public Services Building
CALL MEETING TO ORDER/ROLL CALL: Meeting was called to order at 6:35 p.m. by
Chairman Kracha. City Staff Environmental Review Coordinator Doug Reid called roll.
Present: Commissioners Hall, Kracha, Johnson, Burrascano. Absent: Ghougassian, Myers,
Guerreiro. It was MSUC (HallIKracha) to excuse Commissioner Ghougassian from the meetings
of April 25 and June 20 due to his election campaign; motion carried 4-0. Myers was
previously excused. The absence of Guerreiro was unknown; vote to excuse at next meeting.
APPROVAL OF MINUTES: It was MSUC (HallIBurrascano) to approve the minutes of the
meeting of April 11, 1994; motion carried 4-0. The minutes of February 7, March 21, and
April 25 still could not be approved due to lack of quorum from those meetings.
ORAL COMMUNICATIONS: Teresa Aland, 1433 Nacion Avenue, Chula Vista, representative
of Indwellers, communicated her intent to draft a proposal for the commission's consideration.
The grant requirements from the Department of Conservation were read. The board encouraged
her to also send a copy of her market development proposal to the City Council.
NEW BUSINESS:
1. Jay C. Benet, architect representing the owner at 644 2nd Avenue, summarized the
redesign and modifications of the designated historical site #44 to upgrade to current
standards. Kracha suggested the residents may lose their classification permit if excessive
changes are made on the outside of the structure. He stated the modified flat roof is not
acceptable as Victorian and that the outside of the structure is not according to restoration
guidelines. Kracha requested staff check the file's permit control limitations on the
permit.
It was MSUC (JohnsonlKracha) to approve the current structure to accommodate the large
water heater, but files an objection to modify the west end (closet and roof) additions;
motion carried 4-0. They further recommended the owner resubmit an application for
historical direction or reclassify to a no-permit limitation.
2. Teresa Aland read the Indweller report. Gretchen Brewer from Urban Ore, Inc. was
scheduled to appear at previously canceled meetings to present alternative source recovery
plants. Michael Meacham explained the City is currently in negotiations about these
facilities and is waiting for an RFP.
?~ fj
Resource Conservation Commission
l'age2
3. Since the commission did not meet last month, Michael Meacham reported that he has
applied for the Used Oil Grant; the first grant for $270,000 was approved. The regional
Block Grant of $101,550 will cover Chula Vista, Imperial Beach and National City. A
grant was also approved for a school program to focus on recycling.
4. Review of Negative Declaration IS-94-18, Bonita Long Canyon Streambed-After a brief
review of the project, it was MSUC (Burrascano/Johnson) to accept the negative
declaration; motion carried 4-0.
[Johnson left the meeting at 8 p.m.]
STAFF REPORT:
Doug Reid reported Staff had a meeting regarding the new Brown Act laws. The agenda must
list items in some detail; minutes or notes should be taken of any commission action, even with
less than a quorum present; care should be taken to discuss city issues in social setting, etc. A
memo by the city attorney describes these new laws in detail. Additionally, Chairman's and
Commissioner's comments must now be listed on agenda and members were advised to phone
them in to Doug by the Tuesday before the next meeting.
Discussion of the RCC budget was continued to a later date due to the Council's rejection of
historical sign line item. Kracha commented that staff had over three years to fund historical
signs. Prior to annexation, Montgomery had also approved $8000 for historical designations.
Council has since denied approval.
CHAIRMAN'S COMMENTS:
Kracha requested agenda item for discussion: Investigate process for developing an amendment
to the Muni Code to remove the RCC's responsibility to historical sites as they're not supported
by City Council. Invite John Rojas from Historical Society for discussion.
COMMISSIONER'S COMMENTS:
The mayor stated that if any members want anything publicized to sendto media for publication;
however, be cautioned of any possible legal repercussions.
ADJOURNMENT: The meeting was adjourned by Chairman Kracha at 8:15 p.m.
Respectfully submitted,
EXPRESS SECRETARIAL SERVICES
~1.b~~~
7.. It?
Applicant Name Total Orip'" Funding Summary
Score ...-. ...-. Recommendation
Hesperia 71.5 ..,"" $47,000 F\IIlW for pwt:hue of 2 tnl!:U and ocher equipmenllO offer \UICd oil curbside eoUection 011 an
IIppOirlUllCnt ~ Ouaaeh will be obtained throu,h a broc:hlm 10 reaidenu.
RoseviUe 71 512.,381 $12,381 The city will purdIax. ZEW oil drop off n.ilu and fund dispoulewu for me oil c;:ollec1ed.
Oakland 70.5 12]4,166 $114,166 Orut fundi will enhanl:e che al)"l public cducaaion pl'OJ!'IIII1brou&h bilIboanb and dim:! mail.
fwlGs will alIo be IIIed forche ckvelopmenl of2 DCwoil coUeaiofI failitiuand lIP1rwtin, of5
euiaiJIIllled oil collection f.clliciel at. thE PllI'I of 0Uland.
Thousand Oaks 70.5 "l,OI5 $52,015 PllbIidpriYale cooperative effort 10 upand ~I'OO and w_ Don't Mill" FWOIfVII includillJ
provldin,5000 fJee coa&&incn and offerirlJ $1 off eouponI for -*r IlXXl conlaincn. Public
educalion dvuu,b prt'ducUon of. video. public aervice___ - ...vebideli,.....
Imperial Cou.lty (Regional) 69.5 "".25, 031-"" $422,991 Eaablish 25 c:eni6od -.d oil ~ cenlUS and II drop otr kaciou (or IIICd oilIfi\v;n..
Public educ:atiOl'l and outrcacb will be throuJh IChooI pramwiona. poinl-o('~buc IIUu:ri&b.
.llItilinfua1 brochura and baDdouu. aDd lib 1XI comanlllil)' KCeII c:aJ>>e and ndio.
Flllmore 68.5 S41."97 sam $40,269 QrantfuDds..u1 be ucdlOfllDdlheoil ponionofaaew~buanIolII__collct1ion
-
Hayward 67 "6,00) $76,000 The Haywd AirT_inaI inatftds 10 upJnde ellliatin& ucd oiIeo1ll:aio1l dlrouJh 1hc:
CIlftIlNCtiOll ofrwopennallenl faciliIia which willllXltJlC IIIed oil'flllCn ~ 1hc: J*mIU oflhe
enainal.._UubJeneralpublic.
San Mateo County (Regional) 67 -'" $498,925 8ayAtea.widepublicedUl:ation,*"paiJnlll~prope:rdiapc:ulofllledoil~y
1IIJetiDa tht: HiIpanic communiI)' (approl. 923,lXK) people). ne propouI calls for TV and
ndio Ids..utel lip. and wriaen IDCdi1IO promoIC uaed oiIl'tICyclin,.
Laguna Niguel (Regional) 65 $134.0211 515.144 $118,876 Eatablisl112cenifedllsedoilconc..."'lioncenlUSandlldropotrlocuionsforllsedoil/fillen.
Public education and ouuuch will be handled throo,h Khool ~ntlllions. point of sak
1Mle1Uh. muhilin,lW broc:hures and handoulS. and ads on communiI)' &CQCI.5 cable and rwIio
Orange (Regional) 65 $495.326 $33.543 $461,783 EatablishSOlZnifiedlllCdoi]colk:c1ioncenttrsand II drop off locations for wed oillfiltm.
Public education and ouuuch will be bandied throu.h ICtlooI prexntlbons. point of sale:
....riaIs. mullilinJll&l bnx:hura and blndollts. and lib on communiI)' aceeu cable and ndio.
Palmda1e (Regional) 65 5348.64.5 $40.063 $308,582 Eaablisl1lllZnified used oU colJectionlZnlrn and II drop otf~ forwed oiIIfiIlen.
Public education and 0U1reKh will be handled dlluu,h schoo] prexntlltiotLS. point of uk
awcrials. multilillJlW bnx:hura and blndouu. and lib on communiI)' &CQCI.5 cable and ndio
Paramount (Regional) 65 $495.326 13.5.1048 $460,178 Eatablish.50lZltifiedlDCdoilcoUectioncenlen.and II dropotrkx:aDonsforwed oillfillen..
Public educ:uion and lNIrUl:h will be hanc1Ied throuJh school ~ntationJ;. point of $ale
....riab. mullilinJual brochwg iuMI handouts. and Ills on community ~ cable and rwiio.
Fontana 63.5 $1.5,51.5 $15,515 filndilOdislribute2.<<Xlusedoilcolkc:tionc:ontlincrJandproridccoIlectiOllfor\IJCdoilal
bouxho]d huantous WUle coliect:ion faci.lil)'.
Amador County 60.5 $36.737 $36,737 UPlradc exislin, wed oil coJJccUon at 1he county landrlll with the addition d. IlXXl,a1lOn tank
andc:oncretepad.
Shasta County 60.5 511.777 $11,777 (innl funds will be used lOP.ve tht: aru IWt'llUndinJ: lbe euisina wed oil coUcc:tion area al the
Burney Trmtfer SWion
Costa Mesa 58 $125,00) ".." $117,500 EKpand nistilll pruJram by illCl"UliDa number of cenirlCd collccUon 1Z1l1en.. oil coUectioo
events. and public educalion.
Long Beach 57.5 $4IS"" .,,,., $479,905 Fund5 will be uxd forClClbIilhin.a ~JionII coUec:tioDand proccssin& prorram for oil bottlu
Public oulft.ldt will include a mobile Udont:Wion n.iler. 'lldUc1e iii... and ulilil)' billinxrtli
Bellflower (Regional) 55 ""'""" S>l.lXXl $446,000 Chat fVftds would establish 24 IZI1i5ed uxd oil coUcction ctI*n. 76 additional colIcc:tion 1i1U.
&IllIpublieeducalion.
Los Angeles 54 .....842 $498,842 fundi 10 acablilh 2.5 IZnirted uaed oil colJel:tion ceaIUI and 10 Jelf.ICMce ooUcction cen1ef5.
inidase. mobile wed oiIcollec:tion proJTlIII by lWionin, an "oilJnobile" at lUlO-Qled
buaincaae5. and c:ondllCl a public ed_Don c:ampaiJn dvuuJh brocb-. f1yen, newapeper and
mdioad5.aDd billboulh.
San Diego County 51 $200."" ....'" $151,050 fIIftCb will be IIIed forcondllClinJ 5oae-day used oil and oil fUterc:ollec:Oon e_1S and for
purchasinJan oil filter dcNirlCr.
Mendocino Solid Waste 50.5 523.11" $23,114 Furlcb roruaed oiI~, publieedualDoa lncIudirtI: prear:n&ationa at all die mJhachools in
Management Authority dle County... -U UIIOIIIl drain IICIICiliq andaipqe atdrqH:lfl"lilCl.
(Regional)
Tulare County 50.5 536.988 $36,988 Wasee oil crwuponatioaaad diapolal at l.5e:uiltinJIiIClIbrouJboutc:wnl)'. Publiced_lion
.-ill be IhrouJh public: ~ -.nccmCntl and ads in ncwspapen ud 011 che radio.
San Jose 45 S'''''''' SIOO $149,900 DevelopmallaDd productioa of.dira:tmaiJ .cIveniaelDenlUld lht redtIip. printinJand
dil&ributiol:lofapoiflt-of-purdtale~lOinformpub1icaboutwcdoilrec:)'Clina
Glendale 40 S27&.2<O S'lOJ63 $207,897 F8nds 10 acabliIb 10 _ cWp.otr me. and 10 pun:bue ud diAilIute 16.000 -.Ii oil collection
_.
Compton 38 ....1.." ".700 $331,800 EaIbliIh3cenifiedllledoilcollec:tion_ICn_6drop-oft"aiICI. PDbIic:educ:monabout
properllled oil diJpoaI wiIIal10 bepnMded.
Folsom 35 .,,,,,, $54,247 OnmfllDdJIOCIlabliIb"'~3_cadftcdllledoil~CiCllfIm.
Baldwin Park 33 S3OO.OOO $25"" $275,000 EatlbliJhmenlandpnllDllCioaoC3a:nifieduaedoilCXlUectioD.CCIlIImand7drop-off(:tlll,len..
SaninanforinctuwialJClllCnlOhCOllllCmm,theproper4ilpoMldllledoil will be held. Other
pubUceduc:ati1lll auc:b ..brocblltU. f1)'ef5. ZE~ad5. and promotiooI will be performed_
ToUl FundiDa R..-mmdatloas:
$8,411,573
~l/
?-'//
7-.... '
G"l~ (t.,
)..q
.
\
'!\
r
"J ~~.J
,h
. RedllCliOftlarc iDcorponled in the "FundinJ RtA:ornmendatiOll" amount, and reflect dle finaJ ItIffllCllllUllCndatiOftl based upon diJc:uuiIm with applic:aa.tlOfI blJd&et illCrlls
dtaI_ COlIIidemi ineliJible. IllUUpporwi. inappropiaIe. orexcessive by che ~view puICls.
RESOLUTION NO.
17~1)1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE STATE OF CALIFORNIA
USED OIL OPPORTUNITY GRANT #UOOG-93-338-37 AND
USED OIL BLOCK GRANT #UBG2-93-430-37 TO
ESTABLISH A USED OIL RECYCLING AND PUBLIC
EDUCATION PROGRAM
WHEREAS, oil sales and recovery records indicate that
approximately 250,000 gallons of used motor oil are improperly
disposed of in the greater Chula vista area annually; and
WHEREAS, improper disposal includes disposal in storm
drains, and on open ground which pollutes our watershed, threatens
wildlife and destroys their habitat; and
WHEREAS, in May 1994, the City Council authorized a
$270,300 Used oil Opportunity Grant application; and
WHEREAS, a $101,550 Block Grant application was also
authorized in June 1994 to be submitted to the California
Integrated Waste Management Board (CIWMB); and
WHEREAS, resolutions with both grant applications
authorized the city Manager to execute the contracts; and
WHEREAS, the City has now been notified of full awards
for both grant requests and City Council action is necessary to
accept the awards and appropriate the fund.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby accept the State of California Used
oil Opportunity Grant #UOOG-93-338-37 and Used oil Block Grant
#UBG2-93-430-37 to establish a Used oil Recycling d Public
Education Program.
r
city
Presented by
Michael Meacham, Conservation
Coordinator
C:\l"'s\used.oil
7/1 ~ /
RESOLUTION NO.
/ 7" () ,)..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FY 1994-95 BUDGET TO
INCLUDE THE USED OIL RECYCLING AND PUBLIC
EDUCATION PROGRAM AND ADD TWO TEMPORARY, PART-
TIME POSITIONS (.7 STAFF YEAR) IN UNCLASSIFIED
SERVICE IN THE WASTE MANAGEMENT AND RECYCLING
PROGRAMS AND APPROPRIATING FUNDS THEREFOR
WHEREAS, the grants will reimburse the city totally for
three part-time temporary positions; and
WHEREAS, two of the positions are for part-time interns
(999 hours each) that will work on implementation of the Used oil
Recycling Grants under the Conservation Coordinator; and
WHEREAS, the third position is a part-time temporary
expert professional (416 hours) that will work under the Nature
Center's Volunteer Coordinator to implement a portion of the Used
oil Grants; and
WHEREAS, the 1994/95 budget has an authorized .5 staff
year although all previous grant-funded programs are complete and
there are no temporary staff members currently working in the waste
management program; and
WHEREAS, staff recommends adding .7 staff year which will
provide position authorization for two additional part-time staff
members, the temporary expert professional (.2 staff year) and one
intern (.5 staff year).
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby amend the FY 1994/95 Budget to
include the Used oil Recycling and Public Education Program to add
two temporary, part-time positions (.7 staff year) in Unclassified
Service in the Waste Management and Recycling Programs.
BE IT FURTHER RESOLVED that funds are hereby appropriated
as set forth in Attachment A, incorporated herein by reference as
if set forth in full.
a~ O~J
Presented by
Michael Meacham, Conservation
Coordinator
Bruce M.
Attorney
, City
C: \ rs \ used. oil
?lJ- /
.
Line Item Appropriations
Used Oil Opportunity Grant # UOOG-93-338-37
270-2710 (Used Oil Opportunity Grant)
Personnel Expenses
5101
5141
5105
5143
5145
TOTAL
Overhead (Admin-grants)
5288
Contracts
5298
Equipment
5568
Materials and Supplies
5398
Other Costs
5392
Total
$ 17,000
247
653
17,900
9,000
140,700
32,500
20,000
1,500
221,600
Used Oil Block Grant # UBG2-93-430-37
270-2712 Used Oil Block Grant
Contracts
5298
Equipment
5568
Materials and Supplies
5398
Other Costs
5392
Total
$ 78,000
1,000
19,500
3,050
$101,550
7B-~
ATTACHMENT A
270-2711 (Used Oil Grant BCT)
$ 4,000
1,300
7,500
110
290
$13,200
$ 3,500
$32,000
$48,700
$270,300
COUNCIL AGENDA STATEMENT
Item y
Meeting Date 8/9/94
Resolution J? '- I):J Waiving the Competitive Bidding Process,
Appropriating $9,800 from the Unappropriated Balance of the General
Fund, and Authorizing the Purchase of a 1995 Fire Safety House Travel
Trailer from Serro Scotty R.V., Irwin, PA.
SUBMITTED 8Y, FIT' Ch;,f ~&k ~
REVIEWED BY: City Manager~ '{) /1 (4/Sths Vote: YesLNo_)
Over the past year, the Fire Department has been raising funds throughout the community for the
purchase of a 28-foot "Fire Safety House" to be used as a fire prevention educational tool for the
Chula Vista community. To date, $25,288 of the $35,100 needed for the purchase of the trailer
has been raised from non-City General Fund sources. This request would fund the remaining
$9,800 from the City's General Fund.
ITEM TITLE:
RECOMMENDATION: That the City Council approve the Resolution.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
Background
Over the past year, the Fire Department has been raising funds throughout the community for the
purchase of a 28-foot "Fire Safety House". This self-contained travel trailer, designed as a mock
residence will be utilized as a tool to assist teaching fire safety to the community. The Fire Safety
House, will be towed to facilities such as public and private schools, pre-schools, mobile home
parks, residential care facilities, community events, and shopping centers. The Fire Safety House
is equipped with a kitchen, bedroom, and living room, each designed to teach fire safety to both
children and senior citizens.
Fund Raising
Originally planned to be purchased solely through private donations, $25,288 has been raised to
date with $10,288 raised from private donations, area service clubs, and from the Department-
sponsored auction in February of 1994, $10,000 committed by the Council from the City's CDBG
allocation for Fiscal Year 1994-95, and $5,000 committed by Sweetwater Authority. Fundraising
activities planned for the future to assist with on-going operation, maintenance, and educational
materials funding include a softball tournament, the printing of a "Fire House Favorites"
cookbook, and a craft fair. Although the effort has been strong and successful, it is recognized
that this pace of private fund raising, combined with the 100-day manufacturing and delivery
period for the trailer makes the purchase of this life-saving trailer a more-distant reality.
~-/
Page 2, Item:
r
Meeting Date: 8/9/94
FIRE SAFETY HOUSE EXPENSES VS. REVENUE
EXPENSES Basic Construction/Manufacture $31,875
7 % California Sales Tax $ 2,231
Contingency and Minor Start-up Costs $ 982
EXPENSE TOTAL $35,106
REVENUE Private Fundraising (408-4081-FD001) $10,288
CDBG (651-6511-FDool) $10,000
Sweetwater Authority (awaiting receipt) $ 5,000
REVENUE TOTAL $25,288
DIFFERENCE ($ 9.800)
Request For Additional Funds
Over the past 10 months, the Department has participated in a number of Urban Search and
Rescue (USAR) and mutual aid activities including the Guejito Wildland Fire near Escondido, the
Northridge area Earthquake, and an interjurisdictional training exercise in Anaheim, to name a
few. Funds have recently been received from the State Office of Emergency Services (OES) and
the City of San Diego (as the County's Urban Search and Rescue coordinator) in the amount of
$20,934, as partial reimbursement for staff time committed to those events. These funds, which
have been deposited in the General Fund, are in addition to the revenue projected for this fiscal
year. Additionally, reimbursement requests are still pending on Strike Team activities during the
earthquake and for other USAR activities, totalling $19,200.
In consideration of the precedent established by the City Council in approving the expenditure of
"L.A. Riot" reimbursement funds by the Police Department to purchase the City's new mobile
command post, it is requested that $9,800 of the funds received from OES and San Diego USAR
be appl ied toward the purchase of the Fire Safety House trailer. Because these funds have not
been included in current year revenue projections, this requested action would not negatively
impact other General Fund budgeted activities.
As stated previously, although Fire Department fundraising efforts will continue, a commitment
of the remainder of funds needed to purchase the trailer now will place this life-saving unit into
service that much faster. Current plans are to place the order for the trailer later this month, with
delivery expected in early December.
8" ..2.
Page 3, Item:
r
Meeting Date: 8/9/94
Waiver of Competitive Bidding Process
Serro Scotty R. V., located in Irwin, P A, provided the initial presentation to Fire Department staff
on their innovative and unique Fire Safety House product which includes training features which
simulate "real-life" fire situations including non-toxic smoke, heated doors, and an emergency
escape ladder from an elevated bedroom window. Staff has since conducted a thorough nation-
wide search for vendors other than Serro Scotty R.V. who manufacture this type of mobile
classroom. Although a few R. V. manufacturers indicated that it would be possible to manufacture
a similar trailer, it would not be their primary mode of manufacture and would require special
tooling which could be cost-prohibitive in the long-run. It is staff's recommendation that because
experience in building this training device is paramount for the safety of the classroom occupants
while using the training aids such as heated doors, smoke, etc., that an experienced manufacturer
be selected. Pursuant to Section 2.56.070 of the Chula Vista Municipal Code, it is requested that
the competitive bidding process be waived.
FISCAL IMPACT: To date, donations total $15,288, with an additional $10,000 being made
available from CDBG funds. This request would appropriate $9,800 from the City's General
Fund to account number 600-6001-FDOO1, as the remaining funds needed for the purchase.
~"'3
RESOLUTION NO. 17~~:J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE COMPETITIVE BIDDING
PROCESS, APPROPRIATING $9,800 FROM THE
UNAPPROPRIATED BALANCE OF THE GENERAL FUND,
AND AUTHORIZING THE PURCHASE OF A 1995 FIRE
SAFETY HOUSE TRAVEL TRAILER FROM SERRO SCOTTY,
R.V., IRWIN, PA.
WHEREAS, over the past year, the Fire Department has been
raising funds throughout the community for the purchase of a 28-
foot "Fire Safety House" to be used as a fire prevention
educational tool for the Chula vista community; and
WHEREAS, to date, $25,288 of the $35,100 needed for the
purchase of the trailer has been raised from non-City fund sources;
and
WHEREAS, staff has conducted a thorough nation-wide
search for vendors of a safety house travel trailer from and only
Serro Scotty R.V., located in Irwin, PA., manufactures this type of
mobile classroom; and
WHEREAS, it is staff's recommendation that because
experience in building this training device is paramount for the
safety of the classroom occupants while using the training aids
such as heated doors, smoke, etc., that an experienced manufacturer
be selected.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
City of Chula vista that pursuant to section 2.56.070 of the Chula
vista Municipal Code, competitive bidding is hereby waived for the
purchase of a 1995 Fire Safety House Travel Trailer from Serro
Scotty R.V. at a cost of $35,100.
BE IT FURTHER RESOLVED that the Purchasing Agent is
hereby authorized and directed to execute said contract on behalf
of the City of Chula vista.
is hereby
ral Fund
BE IT FURTHER RESOLVED that the sum of
appropriated from the unappropriated balance of
into Account 600-6001-FD001.
Presented by
ed l 01:
y...'-I
, city
James Hardiman, Fire Chief
C:\rs\firesafe.hse
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,U'F(I T F' A''EL T F'l. F' (:0
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Serra
Scotty R. ~
Mo(mhomf's . TrJvel TrJiI('rs . Fifth Wheels . Sinn' 1956
6/27/9.
BILL TO/SHIP TO:
Chula Vist~ Tire Opt
Attn: Ed Thomas
Chill. Vista, CA
$22,605.00 1995 FIRE SAFETY HOUSE 80-2800
690.00 911 Phone System
78.00 F.xterior phone Jack
316.00 Front' Rear Stabilizer jacks
110.00 Battery Pack
98.00 Aeeordian Door (separates living rm and kitchen)
80.00 Double Entrance Steps (botb entranceR)
276.00 1.7 cubic foot refrigerator built-in kitcben
3,950.00 6000W Onan Pro-Series Generator mounted OD extended hitch
887.00 Air Conditioner (13,500 STU) Roof-Mounted
2,785.00 Delivery Cbarge from Irwin, PA to Chula Vista, CA
(includes delivery,set-up and demonstration)
H/e Bedroom OD 2nd Level
N/e Awning Rail Only Installed
· $31,875.00
Total Cost
· this quote is valid for 60 days
1f~5
HANDS-ON FIRE PREVENTION
FOR CHILDREN
by scorn
"1be Fire Safety House is a hands-on learning tool that prepares
children for the unexpected experiences of fire. "
ll:lI'id \L Chamherlin, ~r
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COUNCIL AGENDA STATEMENT
ITEM
9
l\U<EIlNG DAlE 9/09/94
ITEM TITLE: Resolution /7 &, pJf Accepting Donation, Authorizing Expenditure
and Appropriating Said Donated Funds to Purchase Communications
Equipment for the Police Department's Special Weapons and Tactics
Team.
SUBMITTED BY: Chief of pOlice~j'l)
REVIEWED BY: City Manager -J:1 ~~\ (4/Sth's Vote: Yes..x.. No~
The Police Department recently received an unsolicited $3,000 donation from the North Island
Federal Credit Union. The donation is designated to fund the purchase of advanced
communications equipment for the Special Weapons and Tactics Team.
BOARD/COMMISSION RECOMMENDATION: N/A
RECOMMENDATION: That Council Approve the Resolution.
On June 22, 1994, staff from the North Island Federal Credit Union presented Lt. Ken Dyke,
SWAT Commander, a check for $3,000. This donation was presented to Lt. Dyke to underwrite
the cost of acquiring hands-free communication devices for SWAT Team members.
North Island Federal Credit Union (NIFCU) staff were present at the Police Department's Open
House on Saturday, May 14, 1994, and witnessed a SWAT demonstration. After the
demonstration, as is customary, several of the attendees approached SWAT Team personnel to
ask questions.
Apparently, there was discussion relative to the existing communications systems employed by
SWAT Team members. The existing SWAT communications devices, which are outfitted on
the Team member's shoulder, must be physically activated by pressing a button. The process
of activating the existing communications devices can draw the Team member's attention for a
brief moment. It is our impression that, based on this question and answer session, a NIFCU
Vice-President took the initiative to fund the donation presented for your approval tonight.
The donation will be used to fully fund the purchase of hands-free communication devices for
SWAT Team members.
FISCAL IMPACT: The $3,000 donation will be appropriated into Fund 408, Department
4081, the Development Deposit Trust Fund's Other Departments Deposit
Projects account, and spent for the identified purpose.
9-;
RESOLUTION NO. / 'l6tl'/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING DONATION, AUTHORIZING
EXPENDITURE AND APPROPRIATING SAID DONATED
FUNDS TO PURCHASE COMMUNICATIONS EQUIPMENT FOR
THE POLICE DEPARTMENT'S SPECIAL WEAPONS AND
TACTICS TEAM
WHEREAS,
unsolicited $3,000
Union; and
the Police Department recently received an
donation from the North island Federal Credit
WHEREAS, the donation is designated to fund the purchase
of advanced communications equipment for the Special Weapons and
Tactics Team.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept the $3,000 donation from the
North Island Federal Credit Union to purchase communications
equipment for the Police Department's Special Weapons and Tactics
Team.
BE IT FURTHER RESOLVED that the City Council does hereby
authorize expenditure and appropriate said $3,0 into Ac unt 408-
4081-PD004.
Richard Emerson, Chief of
Police
t
Presented by
c:\rs\swat.don
9-rc2
COUNCIL AGENDA STATEMENT
ITEM
It?
SUBMITTED BY:
MEKl'iNG DAlE 8/09/94
Resolution 17 J. d ~ccepting Donation of a Microcomputer System
from Dixon Rice and David Braunstein.
Chief of pOlice~,y/ ~
City Manager J4 ~ /?
(4/Sth's Vote: Yes_ Noll
ITEM TITLE:
REVIEWED BY:
BOARD/COMMISSION RECOMMENDATION: N/A
RECOMMENDATION: Accept donated microcomputer system and direct staff to prepare,
for the Mayor's signature, letters thanking Mr. Rice and Mr.
Braunstein for their generosity.
On July 29, 1994, Mr. Dixon Rice and Mr. David Braunstein donated a microcomputer system
to the Police Department. Messrs. Rice and Braunstein are local businessmen interested in
assisting the Police Department automate operations. The microcomputer system includes a 386-
SX processor, keyboard, mouse and color monitor.
At the request of Messrs. Rice and Braunstein, the donated microcomputer will be used to
support Uniform Patrol Division operations.
FISCAL IMPACT: None
Id"'/
RESOLUTION NO.
J7&~.r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING DONATION OF A
MICROCOMPUTER SYSTEM FROM DIXON RICE AND DAVID
BRAUNSTEIN
WHEREAS, on July 29, 1994, Mr. Dixon Rice and Mr. David
Braunstein donated a microcomputer system to the Police Department;
and
WHEREAS, Messrs. Rice and Braunstein are local
businessmen interested in assisting the Police Department automate
operations.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby accept the donation of a
microcomputer system from Dixon Rice and David Braunstein and
appropriates its use to support the Uniform Patrol vision
operations in the Police Department.
Presented by
Richard Emerson, Chief of
Police
c:\rs\computer.don
IO-~
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item 1/
Meeting Date _8/9/94
RESOLUTION 11~q*ROVING AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY
SERVICES, INC. [COMMUNITY DEVELOPMENT PROGRAM],
.AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
AND APPROPRIATING. HOME F~DS THEREFOR
Community Development Director ~
City ManagerJ~ blk L.CN\
U~ (4/5ths Vote: Yes...x...- No ~
Conncil Referral No.
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
South Bay Community Services, Inc. (SBCS), a non-profit organization provides numerous social
services to the Chula Vista Community. Over the past four years this organization has expanded
its scope of services, which the City has supported, to include community development activities
which include neighborhood revitalization, low income housing development and economic
development programs aimed at benefitting low income residents. This agreement allows for the
continuation of these activities.
RECOMMENDATION:
That the City Council adopt the resolution approving an agreement with South Bay Community
Services Inc. authorizing the Mayor to execute the agreement and appropriating $57,600 from
available Fiscal Year 1992, 1993 and 1994 HOME funds.
BOARDS/COMMISSIONS RECOMMENDATION: The Housing Advisory Commission has
supported the funding of this organization over the past four years.
DISCUSSION:
The purpose of South Bay Community Services, Inc. is to provide children, youth, and families
with services and programs which reinforce the family's role in the community and which assist
individuals to aspire realistically to lives of self-fulfillment. SBCS is an IRS 501 (c) (3) non-
profit organization serving the South San Diego Bay area.
SBCS began in 1971 as a treatment rehabilitation center for drug abusing teens. Over the years,
other youth and family support programs have been initiated including: juvenile diversion, gang
intervention, alternative schooling, after school child care, prevention education. SBCS also
operates Casa Nuestra, providing eight beds for homeless teens, and Casa Nueva Vida, a 43-bed
housing facility for homeless families.
In 1989 SBCS initiated a Community Development Program with the objective of developing and
preserving affordable housing and economic opportunities for lower income residents of Chula
Vista. Through the use of Community Development Block Grant funds, the City has funded this
11-)
Page 2, Item J I
Meeting Date W tf
program since its inception. On March 15, 1994 the City Council approved the use of HOME
funds as a substitute funding source for SBCS in an effort to increase CDBG funds for other
needs. SBCS will continue to look to the City in future years for support for this effort, until
they have developed significant housing projects which are able to provide them with an income
stream.
Specifically the funds approved by this resolution will be used to pay for salary /benefits of the
Community Development Division Director of the program plus program intern stipends.
The proposed 1994 program goals are as follows:
Housin!!: Ouuortunities:
Develop and acquire transitional housing and rental units affordable to very low-
and low-income persons.
Work to preserve the affordable rental units at-risk of prepayment under the HUD
236 program.
Continue the homebuyer community education program.
Initiate the Rental Assistance Program helping homeless families with security
deposit guarantees and families on the verge of homelessness with emergency
rental assistance.
Continue providing assistance to families looking for affordable rentals in the
South Bay.
Communitv Revitalization:
Participate in and coordinate neighborhood improvement projects.
Participate in Chula Vista Graffiti Coalition.
Economic Ouuortunities:
Educate organizations and families about the earned income tax credit and help a
minimum of 200 families access the credit, bringing a total of over $400,000 into
the local economy.
FISCAL IMPACT: The contract with SBCS totaling $57,600 will be funded out of available
1992, 1993 and 1994 City's HOME funds. In the remote event that HUD should withdraw the
City's HOME funding, the contract provides that the City is not obligated to fund SBCS for the
contract activities for program expenditure.
[SS/c:lwp51 IJuanISBCS.a13]
/1-:1.
RESOLUTION
/76~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND SOUTH BAY COMMUNITY SERVICES [COMMUNITY
DEVELOPMENT PROGRAM], AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT AND APPROPRIATING HOME FUNDS
THEREFOR
WHEREAS, the City participates in the Home Investment Partnerships Program,
a principal goal of which is to fund projects and services which will benefit low-income Chula
Vista households; and,
WHEREAS, the City has entered into a separate funding agreement with HUD
for the City's 1992, 1993 and 1994 HOME entitlements; and,
WHEREAS, the City Council of the City of Chula Vista approved the use of
HOME funds as a substitute funding source for SBCS in an effort to increase CDBG funds for
other needs.
WHEREAS, the City is desirous of having certain services for the benefit of low-
income households performed by the Grantee; and,
WHEREAS, Grantee warrants and represents that they are experienced and staffed
in a manner such that they can prepare and deliver the services required by Grantee within the
time frames herein provided all in accordance with the terms and conditions of this agreement.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA does hereby find, order, detennine and resolve as follows:
SECTION 1. The City Council does hereby approve the Agreement, known as Document No.
a copy of which is on file in the Office of the City Clerk.
SECTION 2. The City Council does hereby direct and authorize the Mayor of the City of Chula
Vista to execute said contract for and on behalf of the City of Chula Vista.
SECTION 3. This resolution shall take and be in full force and effect im
passage and adoption thereof.
o ED AX
Bruce M. Boogaard
City Attorney
PRESENTED BY:
~ ~~.~
Chns on
Community Development Director
[C:\Wp51 \Juan\Resos\SBCS]
II-J /II-If
AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF
SOUTH BAY COMMUNITY SERVICES
IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT is made this August 2, 1994, 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 South Bay
Community Services, a non-profit organization ("Grantee"), and is made with reference to the
following facts:
R~CIIAL..s.
WHEREAS, the City participates in the Home Investment Partnership (HOME)
Program, a principal goal of which is to fund programs and services which will benefit low and
moderate-income Chula Vista households; and,
WHEREAS, the City has entered into a separate funding agreement with HUD
for the City's annual HOME entitlement; and,
WHEREAS, the City Council of the City of Chula Vista approved the use of
HOME funds as a substitute funding source for SBCS in an effort to increase the availability
of CnBG funds for other needs; and,
WHEREAS, the City is desirous of having those certain services for the benefit
of low income households, hereinafter enumerated, performed by the Grantee, and
WHEREAS, HUD requires the execution of a written agreement setting out the
terms and obligations for the expenditure of HOME funds by the Grantee; and,
WHEREAS, Grantee warrants and represents that they are experienced and
staffed in a manner such that they can prepare and deliver the services required of Grantee
within the time frames herein provided all in accordance with the terms and condition of this
Agreement;
NOW, THEREFORE, in consideration of the mutual obligations of the parties
as herein expressed, the parties hereto agree as follows:
I. Term of Agreement. The term of this agreement shall be for a period of
one (1) year, from July I, 1994 through June 30, 1995.
2. Statement of Work and Schedule. The Grantee shall perform those duties
described in the Statement of Work in Exhibit A, attached hereto and incorporated herein.
These services shall be provided during the term of this agreement and according to the
Performance Schedule in Exhibit A, attached hereto and incorporated herein.
3. Low Income Requirement. The services to be performed by Grantee shall
be provided primarily to persons of low income households. A minimum of 51 % of the
persons provided services shall be of low income, as determined by the most current HUD
/I..f
Page 1
WPC F:\HOME\COMMDEV\I086.93 & 1087.93
Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated
herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each
person or family served.
4. Compensation and Budget. The Grantee agrees to expend City-
appropriated funds to meet bona fide obligations incurred for Casa Nuestra on the condition
City receives sufficient HOME funds and appropriates them for the purposes provided for in
this agreement, and the City shall compensate Grantee for said services up to a maximum of
$57,600 (Fifty Seven Thousand Six Hundred Dollars) payable in approximately equal monthly
payments unless a more advanced payment schedule is set forth in the attached Exhibit A. An
itemized budget for said expenses is set forth in Exhibit B, attached hereto and incorporated
herein by reference. Notwithstanding the foregoing, the City shall, on 30 days advanced
written notice to Grantee, have the option to terminate this Agreement and terminate funding
thereof to the date of such termination upon amending the budget affecting the continued
funding of the program which is the subject matter of this contract.
5. Reimbursement Pavments. Payment of those City appropriated funds
shall be made to Grantee in monthly or quarterly installments following receipt of the "HOME
Expense Reimbursement Claim" form from the Grantee. Expenses itemized on the "Expense
Reimbursement Claim" form shall be limited to actual expenses incurred during the period
specified on said form, and shall not include any anticipated costs. Grantee shall attach
documentation, such as receipts, bills, payrolls, etc. as shall provide reasonable proof of actual
expenses incurred.
6. Reports. The Grantee shall provide the City with a quarterly report,
submitted no later than 40 days after the last day of the previous quarter, which includes a brief
narrative of the services provided and an itemized accounting of the expenditures of HOME
funds during the previous quarter. In addition, said report shall include the following statistical
data for persons/households served during the previous quarter:
(a) the total number of persons/households served;
(b) the number of persons/households receiving each type of service
provided;
(c) of the persons/households served, the number of residents and
non-residents of Chula Vista;
(d) annual gross household income by standard categories, adjusted
for family size (low, moderate, other);
(e) race or ethnicity according to standard categories (Black,
Hispanic, Asian/Pacific Islander, Native American, White);
(f) number of female-headed households served.
J/"'~
Page 2
WPC F:\HOME\COMMDEV\1086.93 & 1087.93
,
(g) narrative of contract objectives (in Agreement) comparing current
objectives vs. original objectives in Agreement. Provide
explanation if not meeting original objectives.
7. Assignment. The services of South Bay Community Services are personal
to that organization. The Performance of this agreement may not, by sub-agreement, be
assigned to any other entity without prior written consent of the City.
8. Financial Records and Audits. The Grantee shall maintain all fmancial
records for three years following the term of this agreement. The City, at its discretion may
require the Grantee to provide or allow the City to undertake a complete fmancial and program
audit of its records. Those records shall contain, at a minimum, the following information for
each client served: income, residency, and ethnicity. The records shall also contain receipts
or other proof of all expenditures made with City HOME funds.
9. Reoresentatives. The Community Development Director, or his/her
designated representative, shall represent the City in all matters pertaining to the services
rendered pursuant to the agreement and shall administer this agreement on behalf of the City.
The Director of South Bay Community Services, or his/her designated representative, shall
represent the Grantee in all matters pertaining to the services rendered pursuant to the
agreement and shall administer this agreement on behalf of the Grantee.
10. Uniform Administrative Reauirements. The Grantee shall comply with
the applicable uniform administrative requirements as described in HUD regulation 24 CFR
570.502. This HUD regulation requires compliance with certain sections of 24 CFR Part 85
"Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments."
II. Other Program Reauirements. The Grantee shall carry out each activity
specified under this agreement with all Federal laws and regulations described in 24 CFR 570,
Subpart K, with the following exceptions: a) The Grantee does not assume environmental
responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility
for initiating the review process under the provisions of 24 CFR 570.612.
12. Accountinl! Procedure. The Grantee agrees to abide by the requirements
of OMB Circular A-I22 "Cost Principles for Non-Profit Organizations." The Grantee shall
account for use of Block Grant funds separately from other funds so as to demonstrate that the
funds are used for their designated purposes.
13. Program Income. Any program income derived from HOME funds shall
be reported to the City and shall only be used by Grantee for the services funded under this
agreement. All provisions of this agreement shall apply to the use of program income for said
activities. Said program income shall be substantially disbursed for said services before the
City will make additional reimbursements to the Grantee. If said program income is on hand
when this agreement expires, or is received after expiration of this agreement, then said
program income shall be paid to the City.
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1/-7
Page 3
14. Conditions for Religious Organizations. If the Grantee is a religious
entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall
abide by the HUD regulations 24 CFR 570.200 CD which prohibits discrimination on the basis
of religion and prohibits the use of funds for religious activities, and places other restrictions
and limitations on the Grantee.
15. Drug-free Workolace. The Grantee shall maintain a drug-free workplace
at all times for the duration of this contract.
16. Lobbving of Federal Officials. The Grantee shall not use any funds
provided under this agreement to pay any person for influencing or attempting to influence an
officer or employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, then
the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
17. Insurance. Grantee represents that it, and its agents, and staff employed
by it are protected by worker's compensation insurance and has coverage under public liability
and property damage insurance policies which this Agreement requires to be demonstrated in
the form of a certificate of insurance. Grantee will provide, prior to the commencement of the
services required under this agreement the following certificates of insurance to the City: a)
Statutory Worker's Compensation coverage plus $1,000,000 Employers liability coverage; b)
General and Automobile Liability coverage to $1,000,000 combined single limit which names
the City as an additional insured, and which is primary to any policy which the City may
otherwise carry ("primary coverage"), and which treats the employees of the City in the same
manner as members of the general public ("cross-liability coverage").
18. Hold Harmless. Grantee 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 attorney's fees) arising out
of the conduct of the Grantee, or any agency or employee, 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. Grantees
indemnification shall include any and all costs, expenses, attorney's fees and liability incurred
by the City, its officers and agents, or employees in defending against such claims, whether
the same proceed to judgement or not. Further, Grantee at its own expense shall, upon written
request by the City, defend any such suit or action brought against the City, its officer, agents,
or employees. Grantee's indemnification of City shall not be limited by any prior or
subsequent declaration by the Grantee.
19. Susoension and Termination In accordance with HUD regulation 24
CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice
to the Grantee due to default by the Grantee or the Grantee's inability to perform, regardless
of whether such inability is due to circumstances within or beyond the Grantee's control. The
WPC F:\HOME\COMMDEV\1086.93 & 1087.93
11-8"
Page 4
award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of
any disputes shall be based on the laws of the State of California.
20. Agreement Modification. This agreement may not be modified orally or
in any manner other than by an agreement in writing signed by the parties hereto.
21. Breach of Contract. The parties reserve the right to pursue any remedy
provided under California law for remedy in instances where contractors violate or breach
contract terms.
22. Reversion of Assets. Upon expiration of this agreement, Grantee shall
transfer to the City any ROME funds on hand at the time of expiration and any accounts
receivable attributable to the use of ROME funds, including any program income derived from
HOME funds.
IN WITNESS WHEREOF, City and Grantee have executed this Agreement this
day of . 1994.
CITY OF CHULA VISTA
BY:
Tim Nader
Mayor, City of Chula Vista
ATTEST:
City Clerk
APPROVED AS TO FORM BY:
Bruce M. Boogaard
City Attorney
SOUTH BAY COMMUNITY SERVICES
WPC F:\HOME\COMMDEV\1086.93 & 1087.93
//'9
Page 5
Exhibit List
Exhibit A. Statement of Work and Performance Schedule
Exhibit B. Itemized Budget
Exhibit C. HUD Income Limits (Revised May 1994)
Exhibit D. City of Chula Vista Party Disclosure Statement
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//,'jtl
Page 6
. .
EXH 1 81 T'f-
315 4th Avenue, Suite E . Chufa Vista. CA 91910 . (619) 420-3620/9790/5051
COMMUNITY DEVELOPMENT PROGRAM
Mission
The mission of South Bay Community Services' Community Development
Program is to initiate economic development for the very low, low and
moderate income residents of Chula Vista and its surrounding
communities. Our efforts are concentrated in three areas:
developing affordable housing opportunities
- performing neighborhood improvement projects
- creating economic advancement options
1994 Goals
Housing Opportunities:
Develop and acquire transitional housing and rental units
affordable to very low- and low-income persons. Include social
services geared to family self-sufficiency.
Work to preserve the affordable rental units at-risk of
prepayment under the HUD 236 program.
Continue our homebuyer community education program in partnership
with the South San Diego Bay Cities Board of Realtors.
Initiate the Rental Assistance Program helping homeless families
with security deposit guarantees and families on the verge of
homelessness with emergency rental assistance.
Continue providing assistance to families looking for affordable
rentals in the South Bay with our Affordable Apartment Database.
Community Revitalization:
Participate in and coordinate neighborhood improvement projects.
Participate in Chula vista Graffiti Coalition.
Economic Opportunities:
With our new Earned Income Tax Credit Education Campaign, educate
organizations and families about the tax credit and help a
minimum of 200 families access the credit, bringing a total of
over $400,000 into our local economy.
Organizational Goals:
Develop and institute a fundraising strategy for local
individuals and corporations.
Continue with an active, effective Advisory Committee.
Advocate on affordable housing, economic development, "and other
issues important to local, lower income families.
Educate City staff, residents, lenders, private developers, and
others on affordable housing issues.
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CITY OFCHULA VISTA
COMl\1UNITY DEVELOPMENT BLOCK GRAA'T
FUNDlNG APPLICATION FOR 1994-95
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NOTE: THIS APPliCATION IS DUE NO lATER THAN MARCH 1, 1994 AT5
P.M. AT THE CITY OF CHULA VISTA, COMMUNITY DEVEWPMENT
DEPARTMENT, 276 FOURTH AVE., CHULA VISTA.
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ProgramlProject Name: r.h1l1rl Vh,t-rl ("'nmmlln; t-y npuplnpmpnt- PrnjPr-t-
Name of Organization: South Bay Community Services
Contact Person: Ka thryn Lembo
Title
Executive Director
Address:
315 Fourth Avenue, Ste E , Chula Vista. CA 91910
Telephone
420-3620
.i. Amount of Funding Requested:
$ 57,600.
2. Amount of 1993-94 CDBG Funding:
$ .d R noD
,
3. If this is an existing program, how many
years has it served Chula VISta residents?
3 years
4. Is this program physically located in Chula Vista?
Yes
5. Describe the main goal(s), objectives, and activities of your organization:
The purpose of South Bay Community Services, Inc. is to provide
children, youth, and families with services and programs which
reinforce the family's role in the community and which assist
individuals to aspire realistically to lives of self-fulfillment.
SBes is an IRS 501 (c) (3) nonprofit organization serving the
South San Diego Bay area.
SBes began in 1971 as a treatment rehabilitation center for drug-
abusing teens. Over the years, other youth and family support
programs have been initiated including: juvenile diversion, gang
intervention, alternative schooling, after-school child care,
employment assistance, counseling, literacy/tutoring, and AIDS
prevention education. SBes also operates C~sa Nuestra, providing
eight beds for homeless teens, and easa Nueva Vida, a 43 bed
housing facility for homeless families.
//- /,;...
6. Describe the specific program for which funds are requested: (If you are only
requesting funds for general organizational support, go to question # 10).
Please see Attachment A.
7. Why is this program needed in Chula Vista?: The program is developing and
preserving affordable housing and economic opportunities for lower
income Chula Vistans. These needs have been highlighted by citizens
and City staff in the City's General Plan, Housinq Element, CHAS,
Chula Vista 2000, and Social Services Plan. Our discussions with
hundreds of residents support these documents. Additionally,
program staff are assisting the homeless- a key issue identified
by the Human Services Needs Assessment, Downtown Business Association,
and Mayor's Housing Summit.
8. Who will be providing the services? Briefly describe qualifications of key
staff and indicate their level of education/t:r:>ining: SBCS' Community Development
Director has a Masters in Public and Private Administration from
Yale University, and over five years experience in nonprofit housing
development. He directs the .program with supervision by SBCS'
Executive Director. A number of interns and volunteers assist with
program activities. A seventeen-member Advisory Committee consisting
of interested community members and housing .professionals assists
staff and makes recommendations to SBCS' Board of Directors.
9. Program Budget: Total: $ 354,600
(Include only those expenses directly related to the program for which funding is
requested) .
CDBG OTHER FUNDS
SaIarieslBenefits: $50,985.00 $ 44,611.00
RentIU tilities: 375.00 0.00
Equipment/Supplies: 0.00 2,000.00
Intern
Other Stipends *: 6,240.00 0.00
Program
Other ev['onlOQS ** 0.00 225,000.00
Indirect
Other <"'0" t-c: 0.00 25,389.00
Subtotals: $57,600.00 $ 297,000.00
Notes: *One intern for 20 hours per week at $6/hour
**Operating costs for KIDZBIZ, short-term housing ;I/;/-:r
for homeless families, and transitional housing
programs.
10. Specify exactly how the CDBG funds will be used:
Funds will be used for the full-time Program Director,
plus personnel costs for affordable housing development
including intern stipends.
11. Please list the name and amount of other secured or potential sources of
funding for this specific program:
Secured
W.K. Kellogg Foundation
Walton Foundation
Horne Depot
Household Bank
$7,500
2,000
5,000
800
Potential
San Diego Community Foundation $40,00C
Bank Of America lQ,OOC
Wells Fargo Bank 10,00C
Other Corporations and
Foundations
25,000
12. Do you anticipate needing CDBG funding for this program in subsequent
years? Yes X No
If yes, how much funding will be needed each year?
1995-96 $ 60,000 1996-97 $62,000 1997-98 $ 64,000
13. Who will be served by your program and what are the boundaries of your
service area?
The program serves lower income Chula Vistans. The majority of those
served are of Latino origin and have incomes below 60% of the area
median income. The program seeks to help over 1,200 people access
affordable housing in 1994.
14. How do people imd out about your program? How do you do outreach?
Public presentations are made, posters are up in banks and local
businesses, and the media helps with public service announcements
Additionally, a number of our program partners, like the Pacific
Southwest Association of Realtors, assist with outreach.
15. Do you assist clients to get to your program site or provide services out in the
community?
The program site_i~Qn_a_major public transportation arterial.
Bus tokens are provided upon request as is transportation by
volunteers. Staff does provide services "out in the community."
1/-11{
. .
16. For this specific program for which CDBG is requested, estimate the total
number of:
a. Total clients served or estimated to be served in:
1995-96
1994-95
1993-94
1,900
1,200
600
b. Chula"Vista residents served or estimated to be served in:
1995-96
1994-95
1993-94
1,330
850
420
c. Low-income clients served or estimated to be served in:.
(low-income household is de(med as follows: Iperson=$23,150; 2person=$26,450;
3person=$29,750; 4person=$33,050)
1995-96
1994-95
1993-94
1,825
1,150
575
17. What methods will you nse to account for the income level and other
demographic information on your clients?
Data is collected as people are serviced. Income level, residence,
and other demographic information is on file.
PLEASE ATIACH THE FOLLOWING ITEMS:
a) A PROGRAM BROCHURE OR FLYER (if you have one)
b) A CURRENT LIST OF YOUR BOARD OF DIRECTORS (one page)
c) A COMPLETE LIST OF CURRENT SOURCES OF REVENUE (one page)
//,/>
eXHIBIT c.
FY '94 -----------------------------INCOME LIMITS-------------_______________________
Median
southern california Family
Metropolitan Areas Income 1 Per 2 Per 3 Per 4 Per 5 Per 6 Per 7 Per 8 Per
Anaheim-santa Ana PMSA $58,800 *Low-Income 27,950 31,900 35,900 39,900 43,100 46,300 49,500 52,650
(Orange County) Very LOW-Income 20,600 23,500 26,450 29,400 31,750 34,100 36,450 38,800
, Bakersfield MSA $36,600 Low-Income 20,500 23,400 26,350 29,300 31,600 33,950 36,300 38,650
(Kern County) Very Low-Income 12,800 14,650 16,450 18,300 19,750 21,250 22,700 24,150
Los AngeleS-Long Beach PMSA $45,200 *Low-Income 27,950 31,900 35,900 39,900 43,100 46,300 49,500 52,650
(Los Angeles County) Very LOW-Income 17,650 20,150 22,700 25,200 27,200 29,250 31,250 33,250
Oxnard-Ventura PMSA $57,900 *Low-Income 27,950 31,900 35,900 39,900 43,100 46,300 49,500 52,650
(Ventura County) Very LOW-Income 20,250 23,150 26,050 28,950 31,250 33,600 35,900 38,200
Riverside-san Bernardino PMSA $42,300 LOW-Income 23,700 27,050 30,450 33,850 36,550 39,250 41,950 44,650
(Riverside-san Bernardino Very LOW-Income 14,800 16,900 19,050 21,150 22,850 24,550 26,250 27,900
counties)
San Diego MSA $45,400 LOW-Income 25,400 29,050 32,700 36,300 39,200 42,150 45,050 47,950
(san Diego County) Very LOW-Income 15,900 18,150 20,450 22,700 24,500 26,350 28,150 29,950
San Luis Obispo-Atascadero- $42,300 LOW-Income 23,700 27,050 30,450 33,850 36,550 39,250 41,950 44,650
Paso Robles PMSA (San Luis Very LOW-Income 14,800 16,900 19,050 21,150 22,850 24,550 26,250 27,900
Obispo County)
Santa Barbara-Santa Maria-Lompoc $47,500 LOW-Income 27,200 31,100 35,000 38,900 42,000 45,100 48,200 51,300
MSA (Santa Barbara County) Very LOW-Income 17,000 19,450 21,850 24,300 26,250 28,200 30,150 32,100
Southern California
Non-Metro Counties
Imperial County $29,400 LOW-Income 19,150 21,900 24,600 27,350 29,550 31,750 33,950 36,100
Very Low-Income 11,950 13,700 15,400 17,100 18,450 19,850 21,200 22,550
Inyo County $35,600 LOW-Income 19,950 22,800 25,650 28,500 30,750 33,050 35,300 37,600
Very-Low Income 12,450 14,250 16,000 17,800 19,200 20,650 22,050 23,500
Mono County $39,600 Low-Income 23,150 26,450 29,750 33,050 35,700 38,350 40,950 43,600
Very LOW-Income 14,450 16,500 18,600 20,650 22,300 23,950 25,600 27,250
-LOW-Income Limit subject to the national median family income level of $39,900.
NOTE: CALIFORNIA MEDIAN FAMILY INCOME $46,400. METRO MEDIAN FAMILY INCOME $47,000. ~
NON-METRO MEDIAN FAMILY INCOME $34,200.
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THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMEE- X H I BIT L
Statement of disclosure of certain ownership interests, payments, or campaign contribl!tions, on all matters
which will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the contract, Le., contractor, subcontractor,
material supplier.
~) " \\
\
2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership.
\-\\ \\.
\
3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the
trust. ,/f J
tfj)fR, at/!/) /' /r (7.d
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards,
Commissions, Committees and Council within the past twelve months? Yes
No ~ If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants or independent
contractors who/vou ~ve assigned to represent you before the City in this matter.
9f3:!:t:io:;; J:1;
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No _ If yes, state which
Councilmember(s):
Person is defllled as: "Any individual, firm, co-pannership, joint venture, association, socio.l club, fraternal organization,
corporation, estate, trust, receiver, syndiCXlle, this and any other county, city and country, city, municipality, distria or other political
subdivision, or any other group or combinalion acting as a unu..
(NOTE:
Attach additional pages as necessary)
~Iu ~/ tji/
/
1 ature f contractor/applicant
/{nI)Rynl J.PfYi8j
1/- /7 Print or t~ name of contractor/applicant
Date:
[C,I WP51 ICOUNCn..\DISCLOSE.TXT]
[Revised' 11130190]
BOARD OF DIRECTORS ROSTER
Charles L. Pugsley, President
Agent, C.V.Police Dept.
Eonita, CA 91902
Ranie Hunter,' Secretarv
The Baldwin Company
vista, CA 91910
Shirley Ferrill, Treasurer
Program Coordinator
Metro, Inc.
Jess Valenzuela
Director or Parks & Recreation
City or Chula vista
276.Pourth Ave.
Chula Vista, ~~ 91910
619/691-5071 work
(1st term)
Charles Moore
Sales Manager
Laidlaw Waste Systems
881 Energy Way
Chula~ Vista, CA 91911
619/421-9400 work
(3rd term) ::
Ray-Etta Mor:.-ell
Estela Lemos'
Tony Linares
Medical Director
91910
(2nd tenn)
(1st term)
Emerald Randoloh
Retired, Director
Chula vista Elementarv
Sc' Dist=ict -
(1st term)
Freddie Nesbit
Retired, consultant
California Youth' Authority
Brad Wilson
vice President
wilson and Cox Insurance
249 E Street
Chula Vista, CA 91912
619/422-6173 work
(1st tennJ
Jl'Jrr
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item: 1:2-
Meeting Date: 8/9/94
Resolution / 7J.~ ?APproving a City of Chula Vista grant request in the
amount of $55,100 to California Adolescent Nutrition and Fitness (CANFit)
Program ~
ITEM TITLE:
REVIEWED BY:
(4/5ths Vote: Yes _ No .XJ
In May 1994, a "letter of intent" was submitted by the Parks and Recreation Department on behalf of
the Chula Vista Youth Coalition in response to the California Adolescent Nutrition and Fitness
(CANFit) Program's Community-Based Funding Initiative. This Initiative is seeking innovative
nutrition/fitness education projects targeting low-income multi-ethnic adolescents (10-14 years of age)
in California.
On June 10th, the Department was notified that its letter of intent was approved by CANFit, and a full
proposal was submitted on July 15, 1994. A total of $55,100 was requested for an initial 12-month
period to improve health-related behaviors -- particularly the eating and exercise habits -- of youth in
Chula Vista through innovative culturally and linguistically appropriate programming. This goal would
be achieved by incorporating YMCA and 4-H nutrition and physical fitness programs into activities
offered through the Junior High Outreach component of the Youth ACTION Program, the Parks and
Recreation Department's WizKidz program, and the MAAC Project's Otay Community Center.
The Department would work closely with the South Bay Family YMCA, 4-H, and the Metropolitan
Area Advisory Committee (MAAC Project) in implementing this project.
RECOMMENDATION: That the City Council adopt the resolution supporting the City's grant request
for $55,100 for a nutrition and physical fitness education program through the California Adolescent
Nutrition and Fitness (CANFit) Program.
DISCUSSION: The California Adolescent Nutrition and Fitness (CANFit) Program seeks to improve
the nutritional status, including physical fitness, of California's low-income African American, Native
American, Latino, and Asian youth 10-14 years of age. CANFit supports local projects that build
community leadership and stimulate change at multiple levels, from individual behavior to policy, in
the areas of nutrition education and fitness. The Program's goal is to widen the diversity of agencies
providing nutrition education and fitness services to low-income, ethnic adolescents by: (1) funding
innovative community-based interventions in nutrition education and fitness; (2) leveraging existing
resources through coordination with other organizations serving these youth; and (3) evaluating and
disseminating effective programs throughout the state.
The City's grant proposal focuses on a collaboration between the Parks and Recreation Department,
South Bay Family YMCA, 4-H, and the MAAC Project. The project's goals will be achieved by
incorporating the YMCA Youth Fitness Program, and the 4-H's "Eating Right is Basic" and "Fit It All
CANFIT
1.2 ~ /
Together" programs, into activities currently offered through the Junior High Outreach component of
the Youth ACTION Program, the Parks and Recreation Department's WizKidz Program (a gang and
substance abuse prevention program offered at the Lorna Verde and Lauderbach Community Centers),
and the MAAC Project's Otay Community Center.
Both the YMCA and 4-H fitness and nutrition programs incorporate extensive curricula that details
specific activities and projects on a daily and weekly basis. These activities and projects would include,
but are not limited to, general fitness exercises, games, focus group discussion topics, cooking
demonstrations, menu planning, field trips (e.g., to the ARCO Olympic Training Center, a hospital
kitchen, restaurants, grocery stores, etc.), special events (e.g., mini-cultural fairs planned in conjunction
with important ethnic/cultural holidays and activities), and guest speakers. The YMCA and 4-H will
provide extensive training and technical assistance to Project staff.
The anticipated result of this project will be youth -- particularly low-income youth between the ages
of 10 and 14 -- who are more knowledgeable about the relationship between good nutrition and physical
fitness and maintaining overall good health, and who practice good nutrition and fitness habits.
FISCAL IMPACT: The City's Human Services Coordinator will serve as the overall project
coordinator, and will be responsible for completing and submitting the required reports to CANFit. The
YMCA's Program Director will be responsible for day-to-day supervision and coordination of activities
directly related to this nutrition and physical fitness project. If awarded this grant request, Service
Provider Agreements will be drawn between the City and the South Bay Family YMCA and the MAAC
Project for a 12-month period beginning September I, 1994 and ending August 31, 1995. Funds will
be disbursed on a monthly basis through a City purchase order on receipt from the agencies of such
submittals including, but not limited to, time sheets, expenditure receipts, and monthly service and
financial reports. (This procedure will be similar to Agreements between the City and the South Bay
Family YMCA and the Boys & Girls Club of Chula Vista for the Youth ACTION Program.)
Approximately $55,100 in grant funds could be secured to expand youth programs in Chula Vista.
CANfit does not require a local match.
CANFIT
I~' :<.
RESOLUTION NO. / ?ttJ7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CITY OF CHULA VISTA
GRANT REQUEST IN THE AMOUNT OF $55,100 TO
CALIFORNIA ADOLESCENT NUTRITION AND FITNESS
(CANFit) PROGRAM
WHEREAS, in May 1994, a "letter of intent" was submitted
by the Parks and Recreation Department on behalf of the Chu1a vista
Youth Coalition in response to the California Adolescent Nutrition
and Fitness (CANFit) Program's Community-Based Funding Initiative;
and
WHEREAS, this Initiative is seeking innovative
nutrition/fitness education projects targeting low-income multi-
ethnic adolescents (10-14 years of age) in California; and
WHEREAS, on June 10, the Department was notified that its
letter of intent was approved by CANFit, and the city was invited
to submit a full proposal by July 15, 1994; and
WHEREAS, a total of $55,100 was requested for an initial
12-month period to improve health-related behaviors--particularly
the eating and exercise habits--of youth in Chula vista through
innovative culturally and linguistically appropriate programming;
and
WHEREAS, this goal would be achieved by incorporating
YMCA and 4-H nutrition and physical fitness programs into
activities offered through the Junior High Outreach components of
the Youth ACTION Program, the Parks and Recreations Department's
WIZKidz program, and the MAAC Project's Otay Community Center.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby approve a City of Chula vista grant
request in the amount of $55,100 to California Adolescent Nutrition
and Fitness (CANFit) Program.
Jess Valenzuela, Director of
Parks & Recreation
Presented by
c: \rs\canfit
1:<-1
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item I J
Meeting Date 8/9/94
Resolution 17 &Ptuitclaiming in fee a portion of Lot 4, Map 12999 to Laura
Alison-Sanibelle Partnership, L.P. and Authorizing the Mayor to Execute the deed
on behalf of the City.
Resolution J 7" tt1anting an easement for maintenance purposes over a portion of
Lot D of Map 12757 to the Sanibelle Condominium Association and authorizing the
Mayor to execute the grant of easement on behalf of the City.
R I. I?t- J 6. hm . " h." C.
eso utton Approvmg encroac ent permIt lor wroug t-Iron lence on Ity
Open Space property and authorizing the Director of Parks and Recreation to execute
same on behalf of the City.
Director of Public Works ~ (/
Director of Parks and Rer~ti~
City ManagerJ4 ~~J
(4/5ths Vote: Yes_No X )
On November 9, 1993, Council approved, by Resolution 17301, a boundary adjustlnent for the Sanibelle
development to adjust the lot line common to Lot 4 of the subdivision and the adjacent City owned open
space, Lot D. The developer granted in fee, a portion of Lot 4 to the City and the City executed a deed
granting a portion of Lot D to the developer. However, the condominium plan filed by the developer with
the State Real Estate Office and not processed through City staff and recorded by the County Recorder did
not reflect this adjustlnent. Since most of the condominium units within Lot 4 have been sold, it would now
be quite difficult to process and file an amended condominium plan. The developer would therefore like
to reverse the exchange of property and record reciprocal maintenance easements between the City and the
Sanibelle Condominium Association. In addition, an encroachment permit for wrought-iron fence on City
Open Space land would need to be approved.
RECOMMENDATION: That Council approve the grant of easement, quitclaim deed and encroachment
permit and authorize the Mayor to execute the quitclaim deed and grant of easement and authorize the
Director of Parks and Recreation to execute the Encroachment permit on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On November 9, 1993, Council adopted Resolution 17301 approving a boundary adjustlnent for the Sanibelle
development located between Hidden Vista and Terra Nova Drives (see Attachment A). The resolution also
authorized the Mayor to execute grant deeds conveying to the developer a portion of open space Lot D of
Map 12757. To complete the boundary adjustlnent, the developer had executed deeds granting in fee
portions of Lot 4 of Map 12999 to the City.
Subsequent to the approval of the boundary adjustlnent by Council, the developer recorded their
condominium plan and sold 11 of 14 condominium units utilizing the legal description of the property prior
to recording of the deeds for the boundary adjustlnent. This situation is causing problems in that the
condominium plan and legal description of condominium lots sold to the homeowners do not match the lot
}3.)
Page 2, Item I J
Meeting Date 7/19/94
as boundary adjusted. The developer has indicated that correction of these documents would be extremely
difficult to accomplish because they would have to obtain the signatures from each of the condominium
owners who have purchased homes. Consequently, the developer has requested that the boundary adjustment
be reversed.
In order to complete the developer's request and achieve the original goal to maintain the area, the following
would have to be accomplished (see Attachment "A"):
1. The City would have to grant back to Laura Alison-Sanibelle Partnership, L.P. (LASP) that portion
of Lot 4 of Map 12999 granted to the City by (LASP) recorded on January 31, 1994 by File No.
1994-0068777.
2. The LASP has executed a quitclaim deed for that portion of Lot D of Map 12757 which the City
authorized to be granted to LASP that was executed by the Mayor but never recorded. This is
needed to assure that the record will be clear on. the reverse of the boundary adjustment process.
3. The City would have to grant an easement to the SCA to allow maintenance of the wrought-iron
fence which has been installed within the area. This provides a permanent ability for the wrought-
iron fence to remain.
4. The SCA would have to obtain an encroachment permit from the City to maintain the wrought-iron
fence within Open Space property. This permit would also include hold harmless clauses to protect
the City from suits associated with the encroachment on open space land owned by the City.
5. The SCA must grant an easement to the City to allow maintenance of the area that is adjacent to the
open space and outside of the wrought-iron fence to allow the open space district to maintain the
area. This portion of Lot 4 is within a slope which appears to be part of the open space.
The Sanibelle Condominium Association has executed or granted all of the required documents.
The end result of this process, if approved by Council, will result in the SCA being allowed to retain their
wrought-iron fence within open space Lot D of Map 12757 and the City being able to maintain a small
portion of Lot 4 of Map 12999 which was graded as a slope and should be maintained as Open Space.
Plats and slides are available for Council viewing.
FISCAL IMPACT: All fees and costs are paid by the developer.
Attachments:
~ Plat of iron fence encroachment& Location of transfer of Land (AttachmentB)
\ Plat of lot line adjustment (Attachment A)
...), Copy of Resolution #17301
\ Easement Deed for a portion of O.S. Lot D for maintenance purposes from the City to SeA.
.~;;ted3/8/94
File No. ER-220
WPC F:\home\engineer\agenda\sanibell.lmc
/3.';"
00
EASEMENT TO BE
GRANTED TO SCA.
I
LASP TO QUITCLAIM
RIGHTS TO SAID
LAND EVEN THOUG~
DEED NEVER RECO DED
TO CLARIFY TITLE.
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NOT~ ~
CIRCLED NUMBERS 0
REPRESENT NUMBER D
ITEMS IN THE AGENlJA
STATEMENT. \
DRA WING HAS BEEN
EXAGERATED IN THE
EAST-WEST DIRECTION.
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\ ADJUSTED
I BOUNDARY
I TO BE
\ ELlMINA TED
\ REVERSING T,
\ THE BOUNDAR
\ADJUSTMENT.
\
r--...-
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,
00
PORTION OF LOT
4 GRANTED TO
THE CITY WITH
RECORDED DEED.
CITY TO QUIT
CLAIM FEE TITLE TO
LASP WITH SCA GRANT-
1NG AN EASEMENT
TO THE CITY.
AREA IS A SLOPE
AND BLENDS WITH
ADJACENT SLOPE
IN LOT D. (OPEN
SPACE)
ORIGINAL LOT
BOUNDARY
o
WROUGTH-IRON
FENCE IN PLACE TO
REMAIN WITH AN 4
ENCROACHMENT
PERMIT FROM THE
CITY.
ADJUSTED
BOUNDARY.
00
.wQQp FENCE
'X-- _ "*"
CRISTA.
ATTACHMENT A 1:J:1 //3-6
SANIBELLE PROJECT.
DATE: TITLE:
7 26 94
DRAWN BY:
J.P.P.JR.
2X\~ :~,\:'>< DIUi()
C:\\1I~() DEL RIO SOt:TH \UHlR!'\L\ ')2IllX..1XX::'
SUITE .:'.:'(1
{,1<l2'1.'\-71)<)0
FAX (JIlj 2ljJJ()56
R{LI-IM COMMLNITIE'-)
?h
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March 8, 1994
city of Chula vista
Engineering Department
276 Fourth Avenue
Chula Vista, CA 91910
y t; A R S
.:.I...I....~
"
Attn: Eugena Franco
Re: Sanibelle Boundary Adjustments Along Hidden vista Drive
(Lots 4, Map No. 12999 and "D", Map No. 12757)
Dear Eugena:
As we have discussed recently, we would like to work out a
satisfactory arrangement of the situation which has arisen. It
appears that the situation at present is unworkable.
currently, the Deed (copy enclosed) which was recorded January 31,
1994, as File No. 1994-0068777 conveyed a portion of Lot 4, Map No.
12999 to the City of Chula Vista, as depicted on the adjustment
plat. The deed was to have conveyed the city a portion of Lot 4,
which then was to have been excluded from the condo plan. The
portion of Lot D, Map No. 12757 which the city was to have conveyed
to the developer was to have been included in the condominium plan
and then the developer was to have conveyed out the units in Lot 4
(and the portion of Lot D acquired from the city) to the purchasers
of the Phase 4 condo plan.
However, the Deed to the city was recorded after 11 of the 14
condominiums in Phase 4 had already been deeded out. Further, the
condominium plan does not exclude the portion of Lot 4 which has
now been deeded to the City; also, it did not include the portion
of Lot D which was to have been acquired from the city.
At this time, the deed which was to have been recorded by First
American, where the City conveys the portion of Lot D to the
developer, together with the deed from, the developer to the
developer ( The "Boundary Adjustment Deed") have been returned to
the city, as now inappropriate.
The recommendation we have received from Roy Provence of First
American to rectify the situation goes as follows:
1. Have the City dee4 back to the developer the portion of Lot 4
conveyed to the city. This corrects the potential conflict
between the city and purchasers of units in Phase 4. The
conveyance should be by Grant Deed.
Jj~f
2~L;'i ~AN DIL(j{)
CAMl!\O lliT RIO SOllTH CALJF()R~J.I\ 'J2!UK-:;XK2
SITlT. _)~II
hl<J ::'9_~. 7(j'){)
I'AX lilY ~(n-_\O'i(J
mFHM COMMLNITIE')
city of Chula vista, Engineering Dept.
Attn: Eugena Franco
March 8, 1994
Page 2
~
YEA R S
.:.1...,.....
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2. Have the Homeowner's Association for Sanibelle grant the City
an easement for maintenance purposes over the portion of Lot 4
where the boundary adjustment was to have been created. The
association has powers under CC&R's to grant certain easements
in the common area.
3. Have the city grant a corresponding easement for maintenance
purposes to the Homeowner's Association over the portion of Lot
D which the developer was to have acquired. Then the
association can be responsible for the maintenance, etc. of the
area.
After you have reviewed this proposal, please contact me at (619)
293-7090 and I will have the correcting documents prepared.
Essentially, the legal descriptions will be quite similar to the
ones already prepared, except for minor revisions and changes
characteristic of easement interests as opposed to fee title.
Thank you for your attention to this and your cooperation.
sincerely,
~uckdi' c2lw/~
Dave Garske
project Manager
DG/tf
cc: Alice Cummings - Brehm communities
Roy Provence - First America Title
IJ~t
Recording requested by and
please return to:
City Clerk
City of ChuIa Vista
P.O. Box 1087
ChuIa Vista, CA 91912
~.
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~: ... This space for Recorder's use, only ...
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[ ] This instrument benefits the
City, only. No fee required.
APN(s) 592-220-04
EASEMENT FOR LANDSCAPE PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Print Name(s) 5n 11 " be U (' 01 Y'clo t'Vl, Y'I " I I y'V"\ A 'S'St) (" ; (. 4- I' C1 ,/\
hereby grant(s) to the City of Chula Vista, in the County of San Diego, State of California, an
easement and right of way for, and the right to plant, maintain, replace, or remove landscaping
in, upon, over and across that certain real property situated in said City of Chula Vista and more
particularly described as follows:
PER A IT ACHED EXHIBIT "A"
Together with the right to enter upon and to pass and repass over and along said easement and
right-of-way and to deposit tools, implements and other materials thereon by said City of Chula
Vista, its officers, agents and employees and by any contractor, his agents and employees
engaged by said City, whenever and wherever necessary for the purposes set forth above.
~"'~.~~~
~--<'/~ (Notary Acknowledgmentrequirtd for each signatory.)
n1nn:;'~:~;;1~7iR';~1r'i:';:~1'p;:,op;;.;y'.g~tryUJ;;;g~fo"J.';"&W~j'8."",;t;'Vi1%':''::1~V:;:;~=;;~~ry:7iJ;;;~1;Y;;~X;p;:tb;'''f;
untUTSigned, Dry Qerk. on behalf of Ihe Chula Vista Dry Council pursuanll0 authoriry confen'ed by Resolution No. 15645 of said Council
adopled on June 5, 1990, and lhe granlee(s) consenl(s) 10 lhe recordation lhereofby ils tbdy auzhorized officer.
,19.2-j
'C'11 t
-
BEVERLY A. AUTHELET, CITY CLERK
By:
Date:
(M:\HOME\ENGINEER\LANDDEV\EASE.GV)
/j'7
Sanibelle Condominium Association,
A California Non- TOfi ulll Benefit Corporation
By:
Its: ;;?-,...;/r-:h/T
.
Date: TVYle ~ /9? ~/
@d~/~ ~
~~~~ -
9~ C? /79)/'
J:J"Y
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS IN LOT 4 OF CHULA VISTA TRACT NO. 89-14
SANIBELLE, ACCORDING TO MAP THEREOF NO. 12999, ALL IN THE CITY OF
CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 4 THENCE ALONG
THE NORTHEASTERLY LINE OF SAID LOT 4 SOUTH 31 059'40" EAST A DISTANCE
OF 12.49 FEET;
THENCE LEAVING SAID LINE SOUTH 73054'15" WEST A DISTANCE OF 38.02 FEET
TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 4, SAID POINT BEING
ON A 792.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE
TO SAID POINT BEARS NORTH 36020'13" WEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 01008'17" A DISTANCE OF 15.74 FEET TO THE BEGINNING
OF A COMPOUND 1763.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A
RADIAL LINE TO SAID POINT BEARS NORTH 35011'56" WEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 00040'43" A DISTANCE OF 20.89 FEET TO THE POINT OF
BEGINNING.
))-9
&. INDICATES 7.5' WIDE TREE PLANTING .&,NO
IoWNTEMMlCE rASEt.4ENT GRANTED PER l.4AP 10051
/
".0.8.
THE t.IIOST NORTHERLY CORNER
Of lOT -4 PER MAP 12999
/
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6'",
/
/
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/
/
v
e. _ 01'22'la'"
R _ 800.00'
l- 19.15'/
e. _ 00'05'14"
R _ 1758.00'
l _ 2.6B'
/
0' /
0<;) /
-j$ /
/
LOT 5
NOTES
LOT 2
.&.. INOlCAttS CENERAL UTlUTY AND ",CCESS EASEMENT
GRANTED PER w,p 12757
./1:,.
&
INDICATES ACCESS fASEt.4ENT GRANTED
PER WAf' 12757
INDICATES OP(N SPA.CE EASEMENT RESEf'"oIED fOR THE
HOIolEDWNERS ASsocv..TION PER MAP 12757
LOT 1
MAP NO. 12999
BONITA ROAD
HIDDEN VISTA"
DIRV(
TERRA NOVA
I
TABULATION DATA
NO. DELTA/BEARING RADIUS LENGTH
1 01'08'17' 792.50 15.74
00'40'43" 1763.50 20.89
3 00'41'22" 1771.00' 21.31'
4 08'30'35" 792.50' 117.71 '
5 3720'33" 20.00' 13.03'
SCALE: 1" 80'
PROJECT
SITE
STREET
~
VICINITY
MAP
NO SCALE
~~
~~
Nieto
Consulting
Engineers, Inc,
EXHIBIT "B"
MAINTENANCE EASEMENT
Civil Engineering. Planners. Surveyors
9675 Businesspark Avenue. Suite 110. San Diego, California 92131
Phone (619) 536-5622 Fo" (619) 536-5624
JOB NO. 3803
DWG. EXHIBIT1.DWG
DATE: 5-11-94
SHEET 1 OF 1
13-10
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
THE CITY OF CHULA VISTA
ATTN:
SAME AS ABOVE
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ .~?~.~::-.!.?...~~.~~...!.~!~~........,
...... Computed on the consideration or value of property conveyed: OR
Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
MAIL TAX STATEMENTS TO:
City of Chula Vista
Signature of Declarant or Agent determining lax - Firm Name
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
LAURA ALISON - SANIBELLE PARTNERSHIP, L.P., a California Limited Partnership
"GRANTOR"
do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
THE CITY OF CHULA VISTA, A CALIFORNIA MUNICIPAL CORPORATION
the real property in the City of
County of
CHULA VISTA
SAN DIEGO
, State of California, described as
SEE LEGAL DESCRIPTION ON THE ATTACHED EXHIBIT "A"
THE PURPOSE OF THIS INSTRUMENT IS TO TERMINATE AND EXTINGUISH ALL RIGHT OF GRANTOR IN ~~
TO THE PROPERTY DESCRIBED IN THE ATTACHED EXHIBIT "A", ARISING FROM THAT CERTAIN GRANT DEED
FROM THE CITY OF CHULA VISTA TO GRANTOR, DATED AND EXECUTED DECEMBER 3, 1993, WHICH IS
NOT RECORDED, AND DESCRIBES SAID LAND.
Dated
JULY 13, 1994
SEE SIGNATURE PAGE ATTACHED AS EXHIBIT "E"
STATE OF CALIFORNIA
COUNTY OF
On
}
}ss.
}
before me,
personally appeared
personalty known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity{ies), and that by his/her/their signa.
ture(s) on the instrument the person(s) or the entity upon behalf of which
the person{s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
/;1-1/
(This area for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
1085 (1/94)
EXHIBIT "All
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO AND CITY OF CHULA VISTA, AND IS IN LOT "D" OF
CHULA VISTA TRACT NO. 89-14, SANIBELLE, ACCORDING TO MAP THEREOF NO.
12757, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF LOT D,
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT NORTH 45009'12" EAST A
DISTANCE OF 5.86 FEET;
THENCE LEAVING SAID LINE SOUTH 49017'23" EAST A DISTANCE OF 14.00 FEET;
THENCE NORTH 38024'07" EAST A DISTANCE OF 107.64 FEET TO THE
BEGINNING OF A 799.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 05042'13" A DISTANCE OF 79.54 FEET;
THENCE NORTH 73054'15" EAST A DISTANCE OF 18.26 FEET TO A POINT ON THE
WESTERLY LINE OF SAID LOT 4, SAID POINT BEING ON A 792.50 FOOT RADIUS
CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH
36020'13" WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 08030'35" A DISTANCE OF 117.71 FEET;
THENCE SOUTH 45009'12" WEST A DISTANCE OF 28.50 FEET;
THENCE SOUTH 35000'OO"WEST A DISTANCE OF 64.35 FEET;
THENCE NORTH 44050'48" WEST A DISTANCE OF 18.84 FEET TO THE POINT OF
BEGINNING.
/j"/~
EXHIBIT "B"
SIGNATURE PAGE
LAURA ALISON - SANIBELLE PARTNERSHIP, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP
BY: LAURA ALISON, GENERAL PARTNER, L.P. NO.1,
A CALIFORNIA LIMITED PARTNERSHIP, General Partner
BY: Hearthstone Advisors, Inc.,
a California Corporation, General Partner
BY:
Cl01
L,J. ~~'-c>> (),
Richard O. Werner,
0~
Chairman and CEO
13-/J
...........................................................................................................
Thl. .pa.. for I..ord.r'a u.., only
Chula VI.,a 'art. and ..er..tton Dept.
Open lIMe. Encroach..nt
City of Chul. Vi.ta
'.0. 10. IOa7
Chul. YI.t., CA '2012
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Wh.n ,a.ord.d. pl.... ..II thl. to:
...........................................................................................................
AUTHORIZATION FOI E.CROACMMENT II elT' cpr. SPAeE LAND
( yr )
Appll..tlon f..: ,
....Ipt 101
'napo. tl on f... ,
....1 pt 101
Inc,oa.haont '.ralt 10.
'ur,u'M to Ch.pter 17.01 of tho
Sanibelle Condominium
Chul. VI.u lIunl.lp.1 Cod" poral..lon Ia hr.by ,r.nted
Associati'ti'do ..ork ..lthln a portion of opon .pa.. I.nd
to:
bolonglng to tho City of Chula VI.t..
All t.r.. and .ondltlon.
ah.ll run with tho I.nd.
of thl. paralt .. to tho paroltt.. .h.11 bo a burd.n upon paraltt..,. I.nd .nd
All .0ndl~lon. .~IY to paraltt.. .nd .11 ...tgn. or .u.....or. In Int.r..t.
Wh.r.... tho paralU" h~. r.qu..t,td tho paralulon of tho City of ehul. VlaU to .ncro..h on tho City
opan .pa.. land .dJ...nt, to .nd for tho dl"ct bon.flt of tho fOIl",lng d...rlbod
proparty: 'Dortion of Lot D of Chu1a Vista Tract no. 89'-'14 (A......r. "r..l
Sanibe11e
10.1.)
592-220-11
)
to do tho
following wort: encroachment of an existing rod iron fence -see attached exhibits
low. th.r.for., In .on.ld.r.tlon of th.lr autual proal.... .nd oth.r food and .olu.bla .....Idor.tlon. tho
,.rtl.. h.r.to .,r.. .. follow.:
'.ral..lon I. h.r.by ".nt.d to In.t.11 tho .bov....ntlonod .ncro..haont on tho ,..1 proporty of tho City
do..rlbtd .bov. In ...ord.n.. with tho fOll",lng .ondltlon.:
T. ,.Id In.t.ll.tlon .h.II, In no ...y Int.rf.r. ..tth .ny ..I.tlng utility, Including .tora dr.ln line.
0lIntd .nd ..Inulned by tho City. Any .h.n,.. of ony utility duo to t", 'naull.tlon of tho
poraltt..,. prlv.t. f..llltl.. .h.ll bo .t tho aol. .apona. of tho poraltt... T". onero,."..nt ah.11
bo lnat.ll.d .nd ..Int.lned In . ..f. .nd ..nlt.ry ..nnor .. dot.ralned by tho City.
Z. II. I nt.n.n.., ,...v.1 or "I...tlon of tho .bov....ntlon.d lnaullott'on of tho prlv.tI ".lIltl..
....11 bo tho .01. r..pon.lblllty of tho paroltt.., or 1..... .t no ..pon.. to tho City.
lIPC 15101
1:1..)11
I......'...... ""'Oft'
",. I of 2
"
3. Slid Inltallatlon shaLL con10r. to the atandarda of the City of Chute Yilta and ahalL confor. to the
regulations .1 ..t forth herein:
I.
Thl. ptr.lt I. r.voc.bl. upon thirty (SO) dly. wrltt.n notlc. to tho ptr.ltt... .nd upon .uch notlc..
tho '",toll.tlon ouU be r'lIvod, or r.l...tod, .. MY be .ptclflod by, tho ptraluor .t ptraIU....
..ptn.. .t tho IIld tlM. 'If tho ptr.lu.. foil. to r_v. or r.loc.U tho .ncro.ch..nt within tho
ptrlod .llott.d. tho City MY C'UI. .uch work to be don. ond tho COlt th.r.of oholl be lopol.d 01 0
ll.n upon tho p.r.ltt.... property.
"r.ltu. h.r.by ogr... to Inde."lfy .nd hold hor.l... the City of Chulo Vloto. .. Ind.onltee. lto
alectfYI and appolntlvl boarda, officer., 1,lntl and ..loy.... frOll any Uab1lUy for d..... or
clat.. for lIS.ute for per.onl' Injury, 'nc'Ydln, ..th, .1 ...Ll .1 frOll cll'.' for property d."lt
"Meh ..y .rt.. f,OII thia ~r..lt. whether due to operltton. of per.ftt.., .or by . lubeontractor, or
lubeontractor., or by any on..of aG.r. peraone directLy or IndIrectly .-played by, or Ictfng .. ...nt
for per.tUte, or any lubeontr.cto, or lubeontractor., or frOll fnde.,U..'. MllI,.nce. ,.,.Ut..
o,re.. to, ond Ih.ll' defend the City of Chulo VIIt. ond Itl elective ond oppolntlve 1>oords. offlc....
a,.ntl and 'MPloy.el, frO. any luits or Ictlon. by law, or inequity for d~"8" caul.d, or all.g.d to
ha". been cauled, by' rea,lon of the afore.aid operations.
The und.rslgned permltt.e hereby ICC.pt. the for.goln, .ncrolchMnt por.lt upon the terls obov. .et
forth Ind Igre.. to III of the condltlonl ond cov.nonto on lto plrt to be ptrfor.ed. It II
understood and 8gfted that, in addition to the above concHtionl, III applicable conditions of the
City of Chule VI.tl Cod. or. Incorporlted horeln by r.f.r.nc. II ,If .et out In full. It II further
I,reed thet If Iny pert of thlo Interfer.. with the futuro ule of tho right of w.y by tho gen.rel
public. It OUlt be reloved. or reloclted. o. d..Ignlt.d by the City. ot the ..penle of the per.itt.e.
Sanibelle Condominium Association
APPLICANT A California Non- Profit DIRECTOR OF 'ARlS AND RECREATION
Hutual Benifit Corporation CITY OF CNULA VISTA
ty
/
Dot.
AUelted by:
(Appllcont: Attlch opproprllte
notlry ocknowl.dg..nt)
t.v.rly A. Auth.let,' City Clerk
10TE:
'.rllttee I. to .ubolt 0 ch.ck or IIney order payoble to County of Sen Dle,o In the Ilount of 15
for flr.t p.ge. S2 for .Ich eddltlonll peg.. Including Juret, for recordetlon of thll per.lt.
1.1-1..5
IIPC 1580R
!..~_! ~ -!L1~, J~,n \_
'e._ 2 of 2
;1'
i
/
/
/
/
""'~ EXIST 7,5' TREE PLANTING
I \ ",AND MAINTENANCE EASEMENT
~IT. ~ ~
~" "ST.
T
~ ~t('
~ -''<.f7
<t;",~..
~~
TABULATION DATA
DELTA/BEARING RADIUS
09' 3S'52" SOO,oo
05'42'13"' 799,00
S 3S'24'07 W
LENGTH
134,71
79,54
107,64'
A.P.N, 592-220- 1
existing ~od.ir n
t~1ng
NO.
1
3
R
L =
LOT
MAP NO.
<2
P,OB,
(MOST WESTERLY
CORNER Of LOT "[)"
MAP NO, 12757)
"
"
S49' I 7'23"' E
14,00'
N44'50'48"W
18,S4'
MAP
SCALE: ," = 50'
PROJECT
T ",r SITE
STIl(ET
.&.
b:,.
.1,.
NOTES:
INDICATES GENERAl UTIUTY AND ACCESS EASEloIENT
GRANTED PER MAP 12757
INDICATES ACCESS EASEloIENT GRANTED
PER MAP 12757
INDICATES OPEN SPACE EASEloIENT RESERVED fOR THE
HOlolEOWNERS ASSOC~nON PER MAP 12757
~
VICINITY MAP
NO SCAU
II
~
Nieto
Consulting
Engineers, Inc.
Civil Engineering. Planners. Surveyors
9675 8usinesspork Ayenue. Suile 110. San Diego, California 92131
Phon. (169) 536-5622 fox: (619) 536-5624
JOB NO, 3803
DWG. EXHIBITl ,DWG
DATE: 5-11 -94
SHEET 1 or 1
IJ--//,
~
On:lerNo.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
SANIBELLE CONDOMINIUM ASSOCIATION
MAIL TAX STATEMENTS TO:
SAME AS
ABOVE
SPACE ABOVE THIS UNE FOR RECORDER'S USE
EASEMENT
*
DOCUMENTARYTRANSFERTAX$ Nl.l.NE:::MS.EMEN1..l.lJ:ll,.:Y--
.....Computed on the consideratiOn or value of p<operty conveyed; OR
.....COmputed on the consideration or value less liens or
encumbrances remaining al time of sale
*NO CONSlDER-
Signalure of Declarant or Agent_rmining tax-Finn Name Ai ION
APN: S""I'2- 1-2.0- II
TRA:
GRANT DEED
FORA VALUABLE CONSIDERATION. receipt of which is hereby acknowledged.
THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION
hereby GRANT(S) to
SANIBELLE CONDOMINIUM ASSOCIATION,
BENEFIT CORPORATION
CHULA VISTA
A CALIFORNA NON-PROFIT MUTUAL
the real property in the City of
County of
SAN DIEGO,
State of California. described as
AN EASEMENT FOR THE PURPOSES AND ACCORDING TO THE LEGAL DESCRIPTION
SHOWN ON THE ATTACHED EXHIBIT "A".
Dated
THE CITY OF CHULA VISTA
A MUNICIPAL CORPORATION
STAlEOFCAUFORNIA
COUNTY OF
On
I
In.
I
before me,
pemnally appeared
personally known 10 me (or proved to me on the basis of oaliIfaclol)'
evidence) to be the pemn(l) whose name(l) laIare subscribed to the
within Instrument and acknowledged to me lIlal hallheIlhey executad lhe
same In hlalherlllleir authorized capaclly(Ias). and lIlal by h_rltheir
signature(l) on the Inltrumenlthe person(l) orilla anlily upon behaW of
whlch the pemn acted, axecuted the Inltrument.
WITNESS my hand and oIIiclal..a'
Signlture
/ :J - I 7 (This area for otlIcia' notarial ..a~
MAIL TAX STATEMENTS AS DIRECTEDABOVE
1002 (1194)
.
EXHIBIT -A-
An easement and right of way for, and the right to plant, maintain,
replace, or remove landscaping in, upon, over and across that
certain real property situated in said City of Chula Vista and more
particularly described as follows:
THAT PORTION OF LOT D OF CHULA VISTA TRACT NO. 89-14
SANIBELLE, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12757, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 11, 1990, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT D; THENCE
ALONG THE NORTHWESTERLY LINE OF SAID LOT D, NORTH 45009'12"
EAST A DISTANCE OF 5.86 FEET; THENCE LEAVING SAID LINE SOUTH
49017'23. EAST A DISTANCE OF 14.00 FEET; THENCE NORTH
38024'07. EAST A DISTANCE OF 107.64 FEET TO THE BEGINNING OF
A NON-TANGENT 799.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY,
A RADIAL LINE TO SAID POINT BEARS NORTH 43016' 08. WEST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 05042'13. A DISTANCE OF 79.54 FEET; THENCE NORTH
73054'15. EAST A DISTANCE OF 18.26 FEET TO A POINT ON THE
SOUTHEASTERLY LINE OF SAID LOT D, SAID POINT BEING ON A 792.50
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID
POINT BEARS NORTH 36020'13. WEST; THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08030'35" A
DISTANCE OF 117.71 FEET; THENCE SOUTH 45009'12. WEST A
DISTANCE OF 28.50 FEET; THENCE SOUTH 35000'00. WEST A DISTANCE
OF 64.35 FEET; THENCE NORTH 44050'48. WEST A DISTANCE OF 18.84
FEET TO THE POINT OF BEGINNING.
Together with the right to enter upon and to pass and repass over
and along said easement and right-of-way and to deposit tools,
implements and other materials thereon by said Sanibelle
Condominium Association, its officers, agents and employees and by
any contractor, his agents and employees engaged by said Sanibelle
Condominium Association whenever and wherever necessary for the
purposes set forth above.
(R:\HOMa\IRGIHlaa\LANDDIV\SAMXBaLL.GV)
1:3"'/Y
/
/
/
/
^'~ EXIST 7.5' TREE PLANTING
/ \ ",AND MAINTENANCE EASEMENT
~
TABULATION DATA
DELTA/BEARING RADIUS
09'38'52" 800.00
05'42'13" 799.00
S 38'24'07" W
LENGTH
134.71
79.54
107.64'
LOT
MAP NO,
o
12757
<?
/
P.O,B.
(MOST WESTERLY
CORNER OF LOT "D"
MAP NO. 12757)
"
"
S49', 7'23" E
14.00'
N44'50'48"W
18.84'
JvlAP
BONITA ROAD
HIDD[N VISTA
DIRV(
EAS7 H"
/. "
1-~ STREtT
<9a1>15'
is'''
'"
SCALE: 1" 50'
7(RRA NOVA
IV
NOTES:
PROJECT
SITE
S7R(rT
.6:,.
INDICATES GENERAL UTILITY AND ACCESS EASEMEN7
GRANTED PER MAP 12757
~
VICINITY MAP
fA
&,
INDICATES ACCESS EASEMENT GRANTED
PER MAP 12757
INDICATES OPEN SPACE EASEMENT RESERVED FOR THE
HOMEOWNERS ASSOCIATION PER MAP 12757
NO SCALE
II
~
Nieto
Consulting
Engineers, Inc.
EXHIBIT "B"
MAINTENANCE EASEMENT
Civil Engineering _ Planners. Surveyors
9675 Businesspork Avenue. Suite 110. Son Diego, California 92131
Phone (169) 536-5622 Fox: (619) 536-5624
JOB NO. 3803
DWG. EXHIBIT1.DWG
DATE: 5-11-94
SHEET 1 OF 1
)3-/f
WHEN RECORDED MAIL 10
N~. I I
'n", Brehm Communi ti es
~,~, 2835 Camino del Rio South
Ci<, Sui te #220
~~" Lsan Di ego, CA 92108 -1
RECORDER'S USE ONLY
ORDER NO.
ESCROW NO.
QUITCLAIM DEED
The undersigned grantor(s) dedare(s):
DOCUMENTARY TRANSFER TAX !~ $
( ) COMPUTED ON FULL VAWE OF PROPERTY CONVEYED. OR
( ) COMPUTED ON FULL VAWE LESS LIENS &
ENCUMBRANCES
REMAINING THEREON AT TIME OF SALE.
) Unincorporated Area _ City of
lax Parcd No. 592-220-11
FOR A VAWABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF CHULA VISTA, A CALIFORNIA MUNICIPAL CORPORATION
hereby remises, releases and quitclaims to
LAURA ALISON - SANIBELLE PARTNERSHIP, L.P., a CALIFORNIA LIMITED PARTNERSHIP
the following described real property in the County of San Diego , State of Califorma:
SEE LEGAL DESCRIPTION ON THE ATTACHED EXHIBIT "A".
Note: This deed is being recorded to reverse a portion of a boundar)' adjustment
approved by Council Resolution 17301 and recorded on Janua~1 31, 1994 by
File No. 1994-0068777
Dated:
Tim Nader, Mayor
City of Chula Vista
STATE OF CALIFORNIA
County of
On this day of
said County and State, personally appeared
, 19 _, before me, the undersigned, a Notary Public in and for
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person _ whose name _
subscribed to this instrument and acknowledged that executed the same.
I :1...~O
WITNESS my hand and official seal.
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS IN LOT 4 OF CHULA VISTA TRACT NO. 89-14
SANIBELLE, ACCORDING TO MAP THEREOF NO. 12999, ALL IN THE CITY OF
CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 4 THENCE ALONG
THE NORTHEASTERLY LINE OF SAID LOT 4 SOUTH 31 059'40" EAST A DISTANCE
OF 12.49 FEET;
THENCE LEAVING SAID LINE SOUTH 73054'15" WEST A DISTANCE OF 38.02 FEET
TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 4, SAID POINT BEING
ON A 792.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE
TO SAID POINT BEARS NORTH 36020'13" WEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 01008'17" A DISTANCE OF 15.74 FEET TO THE BEGINNING
OF A COMPOUND 1763.50 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A
RADIAL LINE TO SAID POINT BEARS NORTH 35011'56" WEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 00040'43" A DISTANCE OF 20.89 FEET TO THE POINT OF
BEGINNING.
/3-~1
RESOLUTION NO. J 7&-1Jg/'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA QUITCLAIMING IN FEE A PORTION OF
LOT 4, MAP 12999 TO LAURA ALISON-SANIBELLE
PARTNERSHIP, L.P. AND AUTHORIZING THE MAYOR TO
EXECUTE THE DEED ON BEHALF OF THE CITY
WHEREAS, on November 9, 1993, Council approved, by
Resolution 17301, a boundary adjustment for the Sanibelle
development to adjust the lot line common to Lot 4 of the
subdivision and the adjacent City owned open space, Lot D; and
WHEREAS, the developer granted in fee, a portion of Lot
4 to the City and the city executed a deed granting a portion of
Lot D to the developer; and
WHEREAS, however, the condominium plan filed by the
developer with the State Real Estate Office and not processed
through city staff and recorded by the County Recorder did not
reflect this adjustment; and
WHEREAS, since most of the condominium units within Lot
4 have been sold, it would now be quite difficult to process and
file an amended condominium plan; and
WHEREAS, the developer would therefore like to reverse
the exchange of property and record reciprocal maintenance
easements between the city and the Sanibelle Condominium
Association.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby quitclaim in fee a portion of Lot
4, Map 12999 to Laura Alison-Sanibelle Partnership, L.P.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized to execute the deed on behalf of
the city to the property shown on the attached map.
Presented by
Approved as to form by
Bruce M. Boogaard, City
Attorney
John P. Lippitt, Director of
Public Works
C:\rs\sanbelle.1
12..4-/
RESOLUTION NO. 17/,p1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING AN EASEMENT FOR
MAINTENANCE PURPOSES OVER A PORTION OF LOT D
OF MAP 12757 TO THE SANIBELLE CONDOMINIUM
ASSOCIATION AND AUTHORIZING THE MAYOR TO
EXECUTE THE GRANT OF EASEMENT ON BEHALF OF THE
CITY
WHEREAS, on November 9, 1993, Council approved, by
Resolution 17301, a boundary adjustment for the Sanibelle
development to adjust the lot line common to Lot 4 of the
subdivision and the adjacent city owned open space, Lot D; and
WHEREAS, the developer granted in fee, a portion of Lot
4 to the city and the City executed a deed granting a portion of
Lot D to the developer; and
WHEREAS, however, the condominium plan filed by the
developer with the State Real Estate Office and not processed
through City staff and recorded by the County Recorder did not
reflect this adjustment; and
WHEREAS, since most of the condominium units within Lot
4 have been sold, it would now be quite difficult to process and
file an amended condominium plan; and
WHEREAS, the developer would therefore like to reverse
the exchange of property and record reciprocal maintenance
easements between the City and the Sanibelle Condominium
Association.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby grant an easement for maintenance
purposes over a portion of Lot D of Map 12757 to the Sanibelle
Condominium Association.
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to execute the grant of easement on behalf of the City
of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
of Public Works
Bruce M. Boogaard, City
Attorney
)3/]. /
RESOLUTION NO.
I?~/IJ
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN ENCROACHMENT PERMIT
FOR WROUGHT-IRON FENCE ON CITY OPEN SPACE
PROPERTY AND AUTHORIZING THE DIRECTOR OF PARKS
AND RECREATION TO EXECUTE SAME ON BEHALF OF
THE CITY
WHEREAS, on November 9, 1993, Council approved, by
Resolution 17301, a boundary adjustment for the Sanibelle
development to adjust the lot line common to Lot 4 of the
subdivision and the adjacent City owned open space, Lot D; and
WHEREAS, the developer granted in fee, a portion of Lot
4 to the City and the city executed a deed granting a portion of
Lot D to the developer; and
WHEREAS, however, the condominium plan filed by the
developer with the State Real Estate Office and not processed
through City staff and recorded by the County Recorder did not
reflect this adjustment; and
WHEREAS, since most of the condominium units within Lot
4 have been sold, it would now be quite difficult to process and
file an amended condominium plan; and
WHEREAS, the developer would therefore like to reverse
the exchange of property and record reciprocal maintenance
easements between the City and the Sanibelle Condominium
Association; and
WHEREAS, in addition, an encroachment permit for wrought-
iron fence on city Open Space land would need to be approved.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve an encroachment permit for
wrought-iron fence on City Open Space property.
BE
Recreation is
city of Chula
IT FURTHER RESOLVED that the Director of Parks and
hereby authorized to execute same on behalf of the
vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
Bruce M. Boogaard, City
Attorney
/3C-1
COUNCIL AGENDA STATEMENT
Item-,!/-
Meeting Date 8/9/94
ITEM TITLE:
J7~ II
Resolution approving Encroachment Permit No. PE-309
for monument sign at 374 "H" Street and authorizing City Engineer to
Issue same
SUBMITTED BY:
f;i
REVIEWED BY: City Manage~
(4/5 Vote: Yes_ NoX)
Mr. Gil Turollols, the owner of the medical offices building at the southwest corner of "H"
Street and Glover Avenue, has requested an encroachment permit to construct a monument sign
within the City's rights-of-way. According to Section 12.28.020 of the Municipal Code, Council
must consider approval of the request.
RECOMMENDATION: That Council adopt the subject resolution approving Encroachment
Permit No. PE-309 and authorizing City Engineer to issue same.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The property at the southwest corner of "H" Street and Glover Avenue is a medical offices
building. In order to achieve high visibility for the name of the medical offices building, the
owner has proposed to place a monument-type sign on "H" Street.
As part of the development, the owner was required to dedicate enough street right-of-way for
the future widening of "H" Street. As a result, the requirement to place the sign on private
property would preclude the sign being easily seen by motorists. Consequently, V.H.L. Design
Associates, acting as agent for the owner, has requested that the City issue an encroachment
permit to allow the sign to be located within the City's right-of-way (see Exhibit "A").
This request was reviewed by the Planning Department. Its response was that the sign was
considered and approved in accordance with Zoning Ordinance requirements during the review
of the building permit application plans.
The sign is seven feet wide by six feet high. In order to maintain sufficient visibility of
pedestrians by motorists exiting the driveway on "H" Street, the placement of the sign is being
restricted to a minimum of five feet from the back of the public sidewalk on "H" Street. (See
Exhibit "B" for sketch of sign and Exhibit "A" for sign location.)
1'1-/
Page 2, Item_Jlf
Meeting Date8/9i'94
The permit contains clauses to ensure that the sign will be maintained (including graffiti-free)
by the owner and, when widening of the streets occurs, any needed relocation of the signs will
be at the owners expense.
It is staff's recommendation that the permit be approved and remain valid until such time as the
street is widened and relocation or removal is necessary.
FISCAL IMPACT: None.
Attachments: Exhibits "A" & "B"
JGA; File No. PE-309
lM:IHOMEIENGINEERIAGENDA IPE-309.JGA]
IJI-.).
RESOLUTION NO. } 7 ~ II
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING ENCROACHMENT PERMIT NO.
PE-309 FOR MONUMENT SIGN AT 374 "H" STREET AND
AUTHORIZING CITY ENGINEER TO ISSUE SAME
WHEREAS, the owners of the retail center being built at
the southeast corner of East "H" Street and Otay Lakes Road have
requested an encroachment permit to construct two monument signs
within the City's rights-of-way; and
WHEREAS, according to section 12.28.020 of the Municipal
Code, Council must consider approval of the request; and
WHEREAS, it is staff's recommendation that the permit be
approved and remain valid until such time as the street is widened
and relocation or removal is necessary.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve Encroachment Permit No.
PE-309 for monument sign at 374 "H" Street subject to conditions
required by said Encroachment Permit.
BE IT FURTHER RESOLVED that the city Engineer of the city
of Chula vista is hereby authorized to issue said Encroachment
Permit No. PE-309.
Bruce M.
Attorney
Presented by
John P. Lippitt, Director of
Public Works
G:\rs\encper.309
1'1- J
II j./ II grREc T
- -
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MtJA!lIMcfolT 11
I ,sIGN -
, 'C --~
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,
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1.II-4/lif-6
I FILE NO. PI:' '309
OWN BY: ~XH\B -r IIAIl
DATE:
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
Affects A.P N.: 573-010-09
Permit No. PE-309
AUTHORIZATION FOR ENCROACHMENT IN CITY RIGHT OF WAY
/
, i
APp~n Fee:
Rec~i;;'~o. :
InspectioQ Fee:
Receipt Np.:
\
I
/~~
/~J
\,/
$ 250.00
130808
$ 123.00
Pursuant to ~12.28 of te Chula
by the City/of Chula Vista (hereinafter
(hereinafter "PERMITTEE") t6 do work
,
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 their
heirs, assigns, successors or transferees.
ista Municipal Code, permission is hereby granted
CITY") to: Gildardo Turullols and Victor Uranga
ithin a portion of right of way belonging to the City
Whereas, the PERMfPTEE 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: 374 "H" Street
A.P.N.: 573-010-09
LEGAL DESCRIPTION: The easterly 100 feet of lots 7 and 8 of L.C. Oakland's Subdivision,
according to map thereof No. 1421, recorded in the County Recorder's Office of San Diego
County on March 8, 1912, and the westerly 10 feet of Glover Avenue as shown on said map
No. 1421, contiguous to said lots 7 and 8. Exceoting therefrom, the northerly 18 feet.
M:\HOMElENGlNEERIPERMrI'S\PE309.JA
/'/-7
Page 1
PERMISSION is hereby granted to do the following work:
Construct a 6 feet high by 7 feet wide monument sign, perpendicular to "H" Street, a minimum
of 5 feet from the back of sidewalk.
Now, therefore, in consideration of their mutual promises, and other good and valuable
consideration, the parties hereto agree as follows:
Permission is hereby granted PERMITTEE 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 PERMITTEE of private facilities shall be at the sole
expense of PERMITTEE.
3. Maintenance, removal or relocation of the abovementioned installation of the private
facilities shall be the sole responsibility of PERMITTEE, and/or PERMITTEE'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.
5. 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.
6. PERMITTEE shall immediately remove any graffiti from the encroaching object.
7. CITY shall have the right to remove graffiti or paint the encroaching object, the paint
being provided by PERMITTEE.
This permit is revocable upon thirty (30) days written notice to the permittee, and upon such
notice, the installation must be removed or relocated, as and when specified by CITY, at
PERMITTE'S cost. If PERMITTEE fails to remove or relocate the encroachment within the
period allotted, CITY may cause such work to be done and the cost thereof shall be imposed as
a lien upon PERMITTEE's property.
PERMITTEE shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of the conduct of the
PERMITTE, or any agent or employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for those claims arising from the
sole negligence or sole willful conduct of the City, its officers, or employees. PERMITTE's
indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred
M: IHOMEIENGlNEERIPERMlTS\PE309.JA
jt.lr
Page 2
by the City, its officers, agents, or employees. PERMITTE's indemnification of City shall not
be limited by any prior or subsequent declaration by the PERMITTEE.
The undersigned PERMITTEE 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 PERMITTEE'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.)
M: \HOMElENGlNEERIPERMlTS\PE309.JA
;1'9
Page 3
SIGNATURE PAGE TO
AUTHORIZATION FOR ENCROACHMENT
INTO CITY RIGHT OF WAY
CITY OF CHULA VISTA:
Pennit approved by:
Date:
CLIFFORD L. SWANSON
DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER
(Notary to attach acknowledgment to next page.)
PROPERTY OWNERIS):
Date:
GILDARDO TURULLOLS
Date:
VICTOR URANGA
(Notary to attach acknowledgment to next page.)
Approved as to form:
BRUCE M. BOOGAARD, CITY ATTORNEY
NOTE: Permittee is to submit a check or money order payable to County of San Diego in
the amount of $23.00 for recordation of this permit.
Attachments: Exhibits A & B
M: \HOME\ENGlNEERIPERMIIS\PE309.JA
/1/'11)
Page 4
~
~
~
~
M: \HOMElENGlNEER\PERMIT'S\PE309.JA
PAGE FOR ACKNOWLEDGMENTS
(Notary to attach acknowledgment.)
City Clerk to attach acknowledgment.)
/'/'//
Page 5
Item
Meeting Date
/..5'
COUNCIL AGENDA STATEMENT
8/9/94
SUBMITTED BY:
REPORT Update
Consideration
Enforcement
certification
Deputy city Manager KremPI;;~ ~ ~
Principal Manageme~)~SSis~~nt Snyder~
City ManagerJi ~~4/5ths Vote: Yes_ No-.JL)
lJ ~ Council Referral #2899
of Solid Waste Issues
of City's options for
Agency (LEA) Designation
and
Local
and
TITLE:
REVIEWED BY:
Under AB939, cities are required to designate a certified LEA to
handle all of the solid waste permitting and enforcement needs
within the cities' boundaries. The City of Chula vista's currently
designated LEA is the County Department of Health Services (DHS).
The city now has a potential interest in building a solid waste
transfer station within the City limits for the purpose of sending
waste to a landfill other than those in the nearby County-owned
system. This report explains the city's options with regard to
changing the current designation, discussing them in terms of pros,
cons and estimated costs.
RECOMMENDATION: Direct staff to:
1) prepare and issue a Request For Proposals (RFP) for ~
"c" (transfer and processing stations, materials recovery
facilities, and composting facilities) permitting and
enforcement services from a qualified LEA, and
2) report back within 60 days with specific recommendations
to include: a) evaluation of proposals and viability of
executing a contract with another LEA, b) withdrawal notice
for the current designation, and c) status report on the
future schedule for being able to pursue LEA certification
based on the transfer station should the City so desire.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
DISCUSSION:
Backqround
The permitting and enforcement requirements overseen by an LEA as
outlined in AB939 range from active and inactive landfill sites to
transfer stations, vehicle inspection at hauler sites and
inspection of solid waste storage facilities. If a city has a
solid waste facility within its jurisdiction and establishes a
specially dedicated and qualified staff, equipment and work plan,
it can apply for LEA certification. Otherwise, the city must
designate another jurisdiction that has LEA certification. As
indicated above, Chula vista designated the County DHS. Each city
If.,/
Page 2, Item
Meeting Date 8/9/94
If
and county have been required since 1991 to have desiqnated a
certified LEA to be the enforcement agency for that particular
jurisdiction.
General Information About LEAs
Attachment A is a list of common questions regarding LEA
designations and certifications. This ~s a list especially
tailored to Chula vista's situation and based on an original set of
questions prepared by the California Integrated Waste Management
Board (Waste Board) for statewide distribution in 1991. Where
appropriate, it lists applicable legal references and addresses
basic questions about definitions, options, and requirements such
as:
o What is an LEA?
o Why is it necessary to have an LEA?
o How is an LEA "designated"?
o How does the City change its current designation?
o What is "certification"?
o Can Chula vista designate itself and become certified as
an LEA?
o What is meant by "jurisdiction"?
o Can Chula vista contract with a neighboring LEA for
services?
o Are there any other local options for LEA formation?
WhY Consider Chanqinq the LEA Desiqnation?
As outlined in Attachment A, the City has a right to withdraw its
current designation at any time but must then designate an
acceptable replacement. The primary question that is being raised
at this time is whether the City should pursue certification and
self-designation. This is a timely question because the City plans
to have a more active role in solid waste management
responsibilities and is moving ahead on a course of action which
could sever the city's ties to the County solid waste system within
18 to 24 months.
It is clear under the law, and appears validated by contacts with
customers of the County LEA outside the County Solid Waste
Division, that the County DHS functions in the LEA role as an arm
of the State. However, the city may prefer to strengthen 'the
perception that the LEA services the City receives are completely
independent and autonomous from the County.
Assuming the City wants to disassociate from the County, the
designation should probably be changed. The City'S options for LEA
services include self-designation, contracting with another LEA, or
choosing the State to act as the city's LEA. The pros and cons are
discussed below.
15",2
Page 3, Item
Meeting Date 8/9/94
if
certification and Self-Desiqnation
The prospect of Chula vista becoming a certified LEA at this time
and then self-designating would provide the city with the most
amount of control over the regulation of the transfer station and
other solid waste facilities within the city limits. However, this
option has the following challenges:
o Timing-- city could not receive Tvpe "C" certification
(for transfer stations, materials recovery facilities and
composting facilities-- see page 2 of Attachment A) until the
city has conducted environmental review and approved a C.U.P.
for the transfer station, probably 6 to 9 months from now.
o Commitment-- LEA certification and self-designation would
be appropriate if the commitment is made to construct the
transfer station, a decision which possibly would be made at
a date later than the 6 to 9 months needed for the C.U.P. If
no transfer station is constructed, LEA certification is
unnecessary.
o Resources-- The requirements include qualified staff
(minimum of one full staff year Registered Environmental
Health specialist, per Title 14 California Code of Regulations
18072) and adequate budgetary resources are very specific,
such as vehicle, health and safety protection equipment,
monitoring and testing materials, training, in addition to
technical expertise to prepare acceptable work plans and
reports and independent legal counsel for enforcement actions,
if necessary.
o Cost-- An estimate of $80,000 for first year costs for
salary ($50,000) and benefits ($15,000), vehicle, safety
equipment and monitoring material costs ($15,000), as well as
additional unknown costs for technical consulting and
independent legal counsel; these costs could be paid through
the user (tip) fees at the transfer station once it was
operating but would require upfront funding initially.
o pOlicy-- A decision to pursue Tvpe "A" certification for
landfill permitting and enforcement (instead of Tvpe "C"- for
transfer stations) in order to completely take back DHS
services currently being given at the otay Landfill would
trigger a need for resolution of the city's differences of
opinion with the County with regard to the landfill's C.U.P.
status.
The otay Landfill physically rests within two jurisdictions
and the State expects agreements about jurisdictional
authority to avoid conflicts over permitting and enforcement.
This is an untested situation and it is unclear what position
the State might take on the City's re-designation request if
the city and the County were not able to reach agreement.
15" J
Page 4, Item
Meeting Date 8/9/94
If
Contractina with Another LEA
Another option is for the city to contract with a jurisdiction
other than the County DHS that is already a certified LEA. This
option would allow the City to move away from the County
relationship more quickly and easily than pursuing self-
designation. It also would have much less cumbersome ongoing
responsibilities than self-designation. These are some of the
currently known factors to consider about contracting:
o Timing-- A change in designation to a qualified LEA
requires a minimum of 90 days withdrawal notice to the state.
During this time the contract can be prepared between the City
and the selected LEA, and the selected LEA can prepare 'and
submit the required workplan changes to the state, redefining
its role to include oversight of Chula vista.
o Resources-- The contract LEA would have the responsibility
for hiring and maintaining adequate resources to meet the
workload needs.
o Cost-- Early estimates indicate contract LEA services may
cost from $.15 to $.20 per ton of material processed through
the transfer station. On an estimated 175,000 tons per year
planned for the City's transfer station, the cost could be
$25,000 to $35,000 a year. This is a preliminary estimate and
refined costs could be obtained through an RFP process.
Desianatinq the state
This option is not considered desirable because it results in a
lack of local control. It is not recommended for any further
consideration unless Council so directs.
Conclusions
At this time, the staff recommendation is to put the certification
and self-designation strategy "on hold" until more information is
known about the viability of contracting with another LEA, the
transfer station development timetable, and future decisions with
regard to construction. The City has the right to pursue
certification and self-designation at a later date.
If, however, it is the Council's desire to pursue a strategy of
certification at this time, it is strongly recommended that the
certification be limited to a Type "c" level and that efforts be
made to gain concurrence from the County DHS regarding the City's
desire to exclude from the territorial limits being used for the
LEA certification that portion of the Otay Landfill within the city
limi ts.
15--7'
page 5, Item
Meeting Date 8/9/94
1/
The preferred recommendation is to determine the viability and
potential cost of contracting with another LEA by issuing an RFP.
It is estimated that the RFP can be prepared, issued and the
results evaluated within 45 to 60 days. The RFP process would be
a relatively simple request for information such as an outline of
available services, credentials and Waste Board certification, rate
structure, ability to handle a long-distance client relationship,
references, etc.
It is envisioned that the RFP could be handled by existing City
staff and the City's solid waste consultant using time and funds
available under the current contract. The issue will be brought
back to Council for further action after evaluation of the
proposals. An RFP process will enhance the city's decision-making
position in this somewhat complex and untested area.
It is also recommended that the city reserve judgement on issuing
a notice of withdrawal of the current LEA designation until the
proposal results are available and a definitive course of action is
determined. Finally, proceeding in the manner recommended by staff
will not impact the overall transfer station planning and process
currently underway with Sexton.
FISCAL IMPACT: There is no new City cost as a result of the
action recommended in this report to issue an RFP.
Although the purpose of the staff recommendation is to produce
accurate costs for LEA services which the city will require at a
transfer station, it is estimated that annual costs paid to an LEA
and charged through the tip fees could be approximately:
o $80,000 for city certification and self-designation
o $25,000 - $35,000 for contracted services with another LEA
It is also noted that the fees for LEA services to be paid by
Sexton during the transfer station development phase are included
in the negotiated contract amount based on the expected "contract
services" level ($25,000 - $35,000), independent of which LEA is
the recipient.
/5-...> //5-{,
Attachment A
COMMON QUESTIONS REGARDING LEA DESIGNATIONS AND CERTIFICATIONS
u!.!! t3l$#n;;~l\~
An LEA is defined as a local enforcement agency with
certification(s) from the California Integrated Waste
Management Board. As an operatina bodY. it is totallY
separate from the local aovernina bodY. An LEA is a
comprehensive solid waste management agency which performs
enforcement, inspection, and permitting duties for handling
permitted, closed, abandoned, exempt, illegal, and inactive
solid waste facilities. An LEA is solely responsible for
carrying out solid waste management in its jurisdictions as
defined in the California Code of Regulations (CCR) and
Division 30 of the Public Resources Code (PRC). Upon
certification by the Waste Board, an LEA is considered an
agent of the State.
Reference: 14 CCR 18011(a) (14) (15), PRC 40150 & 40195
Uoo~i~~i!1!s~ili!~Foo~e~~lti~nl!~~
It has been important for the pUblic's health to have an
agency ensuring that minimum standards for solid waste
handling and disposal are met. In 1989, The California
Integrated Waste Management Act (AB939) required that local
jurisdictions designate a sinale LEA to make those decisions.
This was a change from the prior law under which a city was
able to designate itself as a co-LEA and take responsibility
for non-health-related matters such as litter control, and
typically the local health department acted as the LEA for all
health-related issues. The main intent in the change in law
was to avoid potential conflicts among two agencies with
certain enforcement authority within the same jurisdiction.
H.9K~i!ff!i~~~!~ji~~ff~~!1!~!~~
A local agency is desianated as an enforcement agency by any
one of a number of procedures. The procedure which is most
appropriate to Chula vista is that the City Council may
designate the enforcement agency for the city. In accordance
with State regulations, the City designated the County
Department of Health Services to serve as the City'S LEA on
1/14/92. That designation will remain in force until such
time as the city takes proper steps to make a different
designation of a qualified LEA to act on the City'S behalf,
and that new designation is approved by the Waste Board.
I;::' ?
2
The process for designation requires the completion of several
specific documents which are forwarded to the Waste Board as
a Designation Information Package (DIP). If the DIP is
properly completed and accepted, both the city and the LEA are
notified. The designated LEA must then prepare and submit to
the Waste Board an Enforcement Program Plan (EPP). The EPP is
the certification request for the LEA. If the EPP is complete
and accepted, the Waste Board can be expected to review and
approve it if it is determined that the designated LEA meets
the certification requirements for the certification(s)
requested.
Reference: 14 CCR 18011(a) (13), 18051, 18054, 18076, 18077 &
Article 2.1
R9W!~g~~~tli~Rffi~Yip~~p9:~........WF~SP;P;~P~~~~.~.~P~~WBR~
While no approval of the Waste Board is necessary to withdraw
the current designation for the City's LEA (DHS) , the Board
must approve the new designation. Notice of the withdrawal is
to be given to the state a minimum of 90 days from the
effective date of the withdrawal. The regulations also give
certain conditions under which the state will become the LEA
if the City withdraws its current designation and fails to
follow-up in a timely manner with designation of a certified,
acceptable new LEA.
Reference: 14 CCR 18056.
Klj~!lii~ .....~lp.j;~!~1ip!!;,;1is#M?
In addition to the fact that the City must designate an LEA to
act on its behalf (even if it designates itself), the
designated LEA must be certified by the Waste Board in one or
more types of certification which are based on facility type.
The first three types of certification require permittinq.
inspection and enforcement of requlations at the following:
Tvpe "A": solid waste disposal sites, i.e. landfills;
Tvpe "B": solid waste transformation facilities, i.e.
waste-to-energy plants; and
Tvpe "C": transfer and processing stations, materials
recovery facilities, and composting facilities.
The last type of certification (Tvpe "D") requires inspection
and enforcement of litter. odor and nuisance requlations at
solid waste landfills.
/5'-y
3
Reference: PRC section 43200, et seq., 14 CCR 18071, and
Articles 2.1 & 2.2.
i:lanp);!B~~!Y:!!~~e5~~~~~~~ffi~~5!!!n~8~gB!\\5g5E~~!~5~!~.!a~j;I~
A local jurisdiction must designate an LEA. It can also
become certified (and then designate itself) if it has a solid
waste facility within its jurisdictional boundaries, and is
willing to meet the State's strict regulatory requirements
regarding staffing, technical expertise, etc.
The type of certification requested is determined by the type
of solid waste facility upon which the certification request
is based. Although the otay Landfill is partly within the
city limits, applying for a Tvpe "A" certification at the
"landfill level" would be expected to require the city to
resolve its jurisdictional issues with the county prior to
getting approval from the Waste Board. In addition, since
this is the most complex level of certification, the City's
commitment to this certification would be the most difficult
and the most costly.
However, the planned transfer station could be used as a basis
for application for certification of the Tvpe "c" level at the
point that the environmental review is complete and the
Conditional Use Permit has been issued on the pro;ect.
certification at this point would give the City's LEA
responsibility for all transfer and processing stations,
materials recovery facilities and composting facilities within
Chula vista.
It is noted, however, that, in order to pursue this type of
certification, the City may have to report that portion of the
otay Landfill within the city limits as an exception to Chula
vista's territorial jurisdiction for these purposes. This
action, if acceptable to the Waste Board, would create a
situation whereby the County Health Department would continue
to be the LEA for the landfill activities within Chula vista
and the City would be the LEA for all the previously described
transfer and processing station activities.
Chula vista's situation is untested with regard to LEA
designation and certification. Based on preliminary
discussions with Waste Board staff, the approach outlined
above is likely to require some degree of concurrence by the
County's DHS. The Waste Board is willing to assist the city
in addressing the issue. There is also the possibility that,
ultimately, the Waste Board may not approve a plan which has
two LEA's operating in Chula vista because it is not
consistent with the original intent of the 1989 change in law.
/.>-- '7
4
Wl1g'liiffi!'!m~~R~~![~HEffi~}1iq~ffigp.[!.~.
For the purposes of LEA designation and certification, a
jurisdiction is defined in the DIP by the designating local
governing body, the Chula vista city Council. The interest
currently expressed by the city council indicates that the
jurisdiction is likely to be Chula vista's territorial
boundaries, perhaps with the exclusion of that portion of the
otay Landfill which is within the city limits. However, if
the City were so interested, the jurisdiction could be more
than one city (Chula Vista) or a joint powers jurisdiction.
~ing~H~~.'M~~~iAgP.~E~g~Mi~fii~~i@j1!9Nip.~:B~~~gF~~mriiA~~g
Yes, the city can designate an LEA to perform its regulatory
functions. In fact, the city has currently designated the
County Department of Health Services and the services are paid
through the tipping fee at the County's landfills. However,
the LEA designation does not require that the designation be
tied to the City's geographic location. The City could choose
to designate another certified LEA within the state, paying
for services by contract. The cost of the services would be
paid by the transfer station developer (and/or operator) and
would be charged through the user (tip) fees at the transfer
station.
If another LEA is designated, that agency must then submit a
modification of its current Enforcement Program Plan (EPP) to
the Waste Board to reflect the additional territory, Le.
Chula vista, for its jurisdiction and any items necessary to
complete the additional workload such as staffing, budget,
etc. The modified EPP must be approved by the Waste Board
with respect to the proposed changes and the additional
designation.
It is noted, however, that a contract with another LEA for
transfer station services only (Tvpe "C" certification) may
also require some degree of concurrence with the County DHS as
was discussed on page 3 of this attachment under the topic of
"Can Chula vista designate itself and become certified as an
LEA?"
Reference: 14 CCR 18050.
~F:R~~tt~~~*9~fi~tt~Be~~9PR~9P.~~9~~~~~9~~~~Bn~
The City could designate the Waste Board as its LEA and pay
for the state's services under contract.
Jf"'/~
COUNCIL AGENDA STATEMENT
Item /1,
Meeting Date 8/9/94
ITEM TITLE:
Resolution ) 761.:J.. Accepting bids and awarding contract for "Sewer
Rehabilitation - Phase V i~"~ />Y of Chula Vista, CA (SW-115)"
Director of Public wrts lfP
City Manag~ b ~ (4/5ths Vote: Yes_ NoX)
SUBMITTED BY:
REVIEWED BY:
At 2:00 p.m. on July 13, 1994, in Conference Room 3 in the Public Services Building, the Director
of Public Works received sealed bids for "Sewer Rehabilitation - Phase V in the City of Chula Vista,
CA (SW-1I5)". The work to be done includes excavation and grading, asphalt concrete pavement,
crushed aggregate base, trench shoring, traffic control, installation of 8" sewer mains, lining existing
sewers using spiral-wound profile ribbed PVC pipe, rehabilitation of existing manhole, and other
miscellaneous work shown on the plans.
RECOMMENDATION: That Council accept bids and award contract to Ortiz Corporation in the
amount of $169,106.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In the Fiscal Year 1993-94 Capital Improvement Program, funds were included for sewer rehabilitation
work. Subsequently, staff identified sewer mains that had cracked, broken or collapsed pipe sections
which needed to be replaced. Attached are tables listing the locations and problems needed to be
corrected and plats showing the location of the work.
During the design process, staff reviewed as an alternative to digging up the street and replacing the
existing sewer along its present grade that of lining the sewer. The project included five locations in
which the entire sewer main between two manholes needed to be replaced or lined.
In addition to the standard open trench method for replacing the sewer, staff included in the bid
documents four additional methods for lining the sewers. They included the following:
I. Insulation of 8" Folded PVC PiDe (Nu PiDe). The folded PVC pipe is heated with steam and
is inserted in an existing sewer main and pulled through the sewer from manhole to manhole.
The folded pipe is pressed against the inside wall of the sewer main by an expansion device
which is also heated by steam. Folded PVC pipe is manufactured from identical material, and
conforms to the same standards, as typical PVC pipe. The City's last sewer repair project used
this method.
2. Installation of Cured in Placed Liner PiDe. This method utilizes the installation of an epoxy
cured in-place liner pipe. This is also inserted into the existing sewer and uses hot water under
It, - /
Page 2, Item
Meeting Date
II,
8/09/94
pressure to affix the liner against the inner wall of the sewer main. The resins within the lining
cure and become molded to the side of the existing pipe.
3. Installation of 8" Folded PVC pipe (Am-Liner). The Am-liner PVC pipe is similar in nature
to the Nu Pipe listed above.
4. Installation of 8" Expanded Spiral-Wound Profile Ribbed PVC Pipe. In principle, the "Rib Loc
Expanda Pipe" process comprises a continuous strip of PVC being wound into a pipe with an
initial diameter I" to 2" less than the existing pipe to be renovated. Expanda Pipe is
continuously pushed along the existing pipe by the winding action for its full length. Next a
torque is applied to "Expanda Pipe", expanding it radially until it is torsionally restrained
against the existing pipe wall and in intimate contact with the existing pipe. The process
continues until the entire pipe has been renovated with "Expanda Pipe", being in intimate
contact with the inside wall of the existing pipe.
Anyone of the four methods listed above or standard open trench method was felt to be acceptable
by staff.
Bids for construction of the project were received from three contractors:
Contractor
Bid Amount
Construction
Method Bid
1.
2.
3.
Ortiz Corporation - Chula Vista, CA
Christeve Corporation - Arcadia, CA
Insituform Southwest - Santa Fe Springs, CA
$169,106.00
$199,414.40
$232,651.55
Spiral Wound
PVC (Am-Liner)
Cured in Place
The low bid by Ortiz Corporation is below the engineer's estimate of $220,420.00 by $51,314.00 or
23.3%. Ortiz Corporation has previously done sewer work for the City, and their work has been
satisfactory. The Engineer's estimate was based on the previous sewer rehabilitation project which
used the Nu-Pipe process. Expanding construction options to include other processes helped reduce
the costs of the proposed sewer rehabilitation project.
Ortiz Corporation has chosen as their method of lining the sewer to use installation of 8" Expanda
Spiral-Wound Profile Ribbed PVC Pipe. The Director of Public Works has a short video showing the
process that is involved. It is available for Council viewing. In addition, a representative of the
company is in attendance at tonight's meeting to answer any questions that Council might have
concerning the process of installation of the pipe lining. The Spiral-Wound Profile Ribbed PVC Pipe
product has been in use for the past 10 years and over 1 million lineal feet has been installed. Most
of the work has been accomplished outside of the United States. Hancor, Inc. in October 1993
became licensed to manufacture and sell this project in the United States. Some recent jobs in the
U.S. include:
I)
2)
3)
Country Club Sanitary District in Findlay, Ohio
West Valley Sanitation District of Santa Clara County, CA
Proctor & Gamble, Ivorydale Facility in St. Bernard, Ohio
)t,., .2.
Page 3, Item I b
Meeting Date 8/09/94
Staff contacted people involved with the installation at sites 1 & 2 listed above. According to these
references the work was performed by a specially trained crew and was completed to their satisfaction.
The work has just been recently completed at both sites so they were unable to attest to the long term
durability of the product. We were unable to make contact with a representative of site 3. The
product to be used for lining the sewer main is the same as that used to make PVC pipe and staff
believes it will prove to be a very satisfactory means of sewer repair.
Prevailing Wage Statement
The source of funding for this project is the sewer funds. No prevailing wage requirements were
necessary or a part of the bid documents. Compliance with Federal and State MinoritylBusiness
Women Owned Business requirements was unapplicable on this project. However, by advertising
minority business owners were encouraged to participate. The low bidder is a minority business.
Environmental Status
The City's Environmental Review Coordinator has determined that this project is categorically exempt
under Class 1, Section 15301(C) "Minor Alterations of Existing Facilities" of the California
Environmental Quality Act.
Disclosure Statement
A copy of the contractor's disclosure statement is attached.
Financial Statements
Funds required for construction:
A.
B.
C.
Contract Amount:
Contingencies (approximately 10%)
Staff costs (construction inspection and design)
$169,106.00
$ 16,894.00
$ 28.000.00
Total Funds Required for Construction
$214,000.00
Funds available for construction:
A.
Sewer Rehabilitation - Phase V - Proj ect - SW -115
Sewer Funds
Total funds available for construction
$214.000.00
$214,000.00
FISCAL IMPACT: Funding used for this project will come from the Sewer Facility Replacement
Fund. Upon completion of the project, the sewer main will require routine City maintenance involving
cleaning the sewer on a periodic basis.
SLH:dv:File #AR-042
(F:\home\engmeer\agenda\swrrehab.SUI)
/~":J /16- i
RESOLUTION NO. 17&/:1...
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BID AND AWARDING
CONTRACT FOR "SEWER REHABILITATION - PHASE V
IN THE CITY OF CHULA VISTA, CA. (SW-115)"
WHEREAS, at 2:00 p.m. on July 13, 1994, in Conference
Room 3 in the Public Services Building, the Director of Public
Works received the following sealed bids for "Sewer Rehabilitation
- Phase V in the city of Chula Vista, CA (SW-115)":
Contractor
Bid Amount
Construction Method Bid
ortiz Corporation
Chula Vista, CA
$169,106.00
Spiral Wound
Christeve Corporation
Arcadia, CA
$199,414.40
PVC (Am-Liner)
Insituform Southwest
Santa Fe Springs, CA
$232,651. 55
Cured in Place
WHEREAS, the low bid by ortiz Corporation is below the
engineer's estimate of $220,420.00 by $51,314.00 or 23.3%; and
WHEREAS, Ortiz Corporation has previously done sewer work
for the city, and their work has been satisfactory; and
WHEREAS, the source of funding for this project is the
sewer funds, therefore, no prevailing wage requirements were
necessary or a part of the bid documents; and
WHEREAS, compliance with Federal and State
Minority/Business Women Owned Business requirements was
unapplicable on this project, however, by advertising minority
business owners were encouraged to participate and the low bidder
is a minority business; and
WHEREAS, the City's Environmental Review Coordinator has
determined that this project is categorically exempt under Class 1,
Section 15301(C) "Minor Alterations of Existing Facilities" of the
California Environmental Quality Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. That the City Council concurs in the
determination that this project is categorically exempt under Class
1, Section 15301(C) "Minor Alterations of Existing Facilities" of
the California Environmental Quality Act.
/~-f
section 2. That the City Council does hereby accept the
bid of ortiz corporation as responsive and awards the contract for
"Sewer Rehabilitation - Phase V in the City of Chula Vista, CA.
(SW-115)" to ortiz Corporation in the amount of $169,106.00.
hereby
behalf
section 3.
authorized and
of the City of
The Mayor of the City of Chula vista is
directed to execute said contract for and on
Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
Bruce M. Boogaard, City
Attorney
C:\rs\swrrehab.V
Ij, -{,
THE em OF CHULA VISTA DISCLOSURE STATEMENT
You are required to IDe a Statement of Disclosure of certain ownership or financial interests, payments, or campaign
contnoutions, on all matters which will require discretionary action on the part of the City Council, Planning Commission,
t \d all other official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property which is the subject of the application or
the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
ORTIZ CORPORATION
SAN CON ENGINEERING
SIM. J. HARRIS
HANCOR INC., DBA
PIPE TECH
2. If any person. identified pursuant to (I) above is a corporation or partnership, list the names of all individuals
owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership.
MARCELINO E. ORTIZ
JOSE O. ORTIZ
3. If any person. identified pursuant to (I) above is non-profit organization or a trust, list the names of any person
serving as director of the non-profit organiziltion or as trustee or beneficiary or trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards,
Commissions, Committees, and Council within the past twelve months? Yes_ No~ If yes, please indicate
person(s):
5. Please identify each and every person, including any agents, employees, consultants, or independent contractors
who you have assigned to represent you before the City in this matter.
MARCELINO E. ORTIZ
JOSE O. ORTIZ
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in
the current or preceding election period? Yes_ N02 If yes, state which Council member(s):
Date:
JULY 13, 1994... (NOTE: Attach additional pages as Derssart;';'1
~e of contractor/applicant
JOSE O. ORTIZ, VICE PRESIDENT
II, -?
Print or type name of contractor/applicant
· Person is defined as: -Any ;ndividual.finn. co-partner'5hip.joint wnture. association. social dub. fraternal organization. cotpOl'tlt;on. estate, tI'II.st. nmwr. syndicate. this
and dny other county. city and countf)'. city municipality. district. or othtr poIiticol subdivision. or any other K"O"P or combination acting as a unit..
F20M PI PETEC. I NC. FRI1T
PHONE NO.
510 252 9506
Jul. 27 1994 1i:25At1 P01
.tt4lET4EClBl
.__ J
---.-
4564 Enterprise Street
Fremont, CA 94536-63]5
Telephone: (510) 252-9449
FAX: (SIO) 252-9506
FAX COVER SHEET
Date: truly 27 1Qq4 Time: 11-00 A~m~
Sending To Fax /I
16191 691-5171
Shale Hanson
S..\d To (porson)
city of Chula Vista
Compsny Nome
Bud Layton
Scmt Prom (person)
PIPETEC
Company Name
276 Fourth Avenue
Street
Chula Vista, CA 91910
Str<>cl
City
Stille
Zip
City
Stille
Zip
Telephone Numhe,'
Telephone Nwnber
Totnl NUllIber of Pages 2
( Includlllg this c,ovcr sheet)
IF YOV DO NOT RECE]VE ALL THE PAGES. PLEASE CALL BACK AS SOON AS POSSIBLE!
Ask for:__..~~I\l.Id"
SPECIAL INSTRUCTIONS:
Mr. Hanson,
All the attached list are jobs completed in the past 6 months.
Please let me know as soon as you can about the city council
meeting date, so I can make plans to attend. Thanksl.....
I"~Y
FROM PIF'ETEC, INC. FRI1T
PHOt-jE HU. ~ lid d:::>d ::l::-l::::.1b
Jul. dr 1':::1':::1"4 ll.';;::~HI'1 ,U.:::::
LISTED BELOW ARE THE MOST RECENTLY COMPLETED JOBS
York City
Quebec, Canadll
Andrzej Drezwiecki
(416) 394-2507
Roches et Associes for Ste. Anne de Beaupre
Quebet, Canada
Michel Beaupre
(418) 837-1778
Dessau Inc, For St, Therest
Quebec, Canada
Frederit Sauriol
(514) 384-5660
West Valley SlInitation District of SllntA Clal'a County
City of Los Glltos - (two separate lines)
Mr. Jonllthan Lee
100 E. Sunnyoaks Avenue
Campbell. CA 95008
(408) 278-2407
Proctor & Gamble, lvorydllle Facility
Mr. Ertice Litton
clo Fluor Daniel
Spring GI'o\'e Avenue
St, Bernllrd. OH
(513) 627-7184
Country Club Sanitary ])jstrict
MI'. PlIt Altvater
Municiplll Building
liJndlay. OR 45840
(419) 424-7121
It, - ,
SEWER REhntllLlTATION V
PLAT 1
SIZE/ APPROX. LOCATION OF RECOMMENDED
MANHOLES TAPE STREET LOCATION TYPE DEPTH PROBLEM PROBLEM REPAIRS LATERALS
812-811 36 ELDER AVE SOUTH OF D ST 8"NCP 7' 179'-182' CRACKED PIPE REPLACE 1
249' - 258'(MH) BROKEN PIPE REPLACE 1
877-876 38 FLOWER ST E. OF BRIGHTWOOD AVE 8"NCP 8' 324' - 330' BROKEN PIPE REPLACE 0
880-876 39 BRIGHTWOOD AVE NORTH OF E ST 8"NCP 8' 19'-22' CRACKED PIPE REPLACE 1
39'-45' BROKEN PIPE REPLACE 1
1881-1880 39 BRIGHTWOOD AVE BTWN. FLOWER & E ST 8"NCP 8' 18'-24' BROKEN PIPE REPLACE 2
38'-47' BROKEN PIPE REPLACE 0
234' - 240' CRACKED PIPE REPLACE 0
873-872 39 FIFTH AVE SOUTH OF FLOWER ST 8"NCP 8' 0-9' CRACKED PIPE REPLACE 2
874-873 39 FIFTH AVE BTWN. FLOWER & E ST 8"NCP 8' 90' -99' CRACKED PIPE REPLACE 2
114'-117' BROKEN PIPE REPLACE 1
251' - 257' BROKEN PIPE REPLACE 0
PLAT 2
1776-777
39 IBROADWAY
IBTWN. SEA VALE & CST I 8"NCP I 14' IENTIRE LINE - 267' IBROKEN PIPE
IREPLACE/IN PLACE LINING I
9
(REHABV1W01 )
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SEWER REHABILITATION V
PLAT 3
SIZEI APPROX. LOCATION OF RECOMMENDED
MANHOLES TAPE STREET LOCATION TYPE DEPTH PROBLEM PROBLEM REPAIRS LATERALS
833-834 39 N. SECOND AVE N. OF E ST 8"NCP 8' ENTIRE LINE - 300' BROKEN PIPE REPLACElIN PLACE LINING 15
847-846 39 CHULA VISTA ST BlWN SECOND & DEL MAR 8"NCP 7' 84'-70' BROKEN PIPE REPLACE 0
153'-159' CRACKED PIPE REPLACE 0
231' -237' BROKEN PIPE REPLACE 1
841-842 84 N/O D ST N/O D ST, MH 841 8"NCP 16' ENTIRE LINE - 271' BROKEN PIPE INVERSION LINE 1
860-861 40 THIRD AVE N/O KIMBALL TERRACE 8"NCP 9' 147' - 150' CRACKED PIPE REPLACE 0
171' - 178' BROKEN PIPE REPLACE 0
850-849 38 N. SECOND AVE N. OF SEA VALE ST 8"NCP 7' ENTIRE LINE - 331' BROKEN PIPE REPLACElIN PLACE LINING 17
848-849 38 N. SECOND AVE S. OF SEA VALE ST 8"NCP 7' 91' -98' CRACKED PIPE REPLACE 0
142'-151' CRACKED PIPE REPLACE 0
854-853 38 DEL MAR AVE S. OF SEA VALE ST 8"NCP 8' 11' -14' CRACKED PIPE REPLACE 0
27' - 37' BROKEN PIPE REPLACE 0
48' -78' CRACKED PIPE REPLACE 3
145'-151' BROKEN PIPE REPLACE 0
853-855 38 SEA VALE ST W. OF DEL MAR 8"NCP 9' ENTIRE LINE - 337' BROKEN PIPE REPLACElIN PLACE LINING 18
(REHABV2Wa1)
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SEWER REt~"ILlTATION V
PLAT4
SIZE! APPROX. LOCATION OF RECOMMENDED
MANHOLES TAPE STREET LOCATION TYPE DEPTH PROBLEM PROBLEM REPAIRS LATERALS
.
830-831 40 FOURTH AVE BlWNC&Dsl 8"NCP 8' 37'-40' CRACKED PIPE REPLACE 0
62'-68' BROKEN PIPE REPLACE 1
74'.77' CRACKED PIPE REPLACE 0
96' -99' CRACKED PIPE REPLACE 0
117'-128' CRACKED PIPE REPLACE 0
173' . 176' CRACKED JOINT REPLACE 0
192'-195' CRACKED PIPE REPLACE 1
305' . 308' CRACKED PIPE REPLACE 1
831-832 40 FOURTH AVE BlWN C & DST 8"NCP 8' 81'.87' CRACKED PIPE REPLACE 0
815-814 36 CASSELMAN ST E. OF MONTE VISTA AVE 8"NCP 7' 86'-89' CRACKED PIPE REPLACE 0
186'.189' CRACKED PIPE REPLACE 0
226' . 232' CRACKED PIPE REPLACE 0
260' - 266' CRACKED PIPE REPLACE 0
PLATS
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838-839 36 DST E. OF FOURTH AVE 8"Ne? 8' 53'-59' CRACKED PIPE REPLACE 0
93' -99' CRACKED PIPE REPLACE 2
111'.114' CRACKED PIPE REPLACE 0
136'.139' CRACKED PIPE REPLACE 0
221' - 240' BROKEN PIPE REPLACE 1
285' - 292' CRACKED PIPE REPLACE 0
301'-307' CRACKED PIPE REPLACE 0
313' - 334'(MH) BROKEN PIPE REPLACE 2
839-826 36 DST E. OF FOURTH AVE 8"NCP 13' 17'-42' CRACKED PIPE REPLACE 0
85'-88' CRACKED PIPE REPLACE 0
103'-109' CRACKED JOINT REPLACE 0
137'-146' BROKEN PIPE REPLACE 0
165'-168' CRACKED PIPE REPLACE 0
269' - 313' SAG/OFFSET JOINT REPLACE 0
PLATS
1892 - 891
45 I FOURTH AVE
IS. OF E STREET
8"NCP
9'
1139'-145'
IBROKEN PIPE
I REPLACE
PLAT7
REHABILITATE MANHOLE, LOCATED ON PLAT 7
(REHABYJ.WQ1)
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B"/]-1
COUNCIL AGENDA STATEMENT
Item
/7
Meeting Date 8/9/94
SUBMITTED BY:
Report - Request For Temporary Waiver of Fees for Proposed Farmers
Market at Bonita Village Center
r3cb <tv
Director of Planning ~ ~tj ,1'0
~ (4/5ths Vote: Yes_NolO
~
ITEM TITLE:
REVIEWED BY:
At the Council meeting of August 2, 1994, Carolyn DiCerchio, representing the Bonita Village
Center at 4104 Bonita Road, expressed an interest in establishing a farmers market on a
temporary basis in the Bonita Shopping Center located at the same address. She indicated to
City Council that she would be required to place a $2,000 deposit for the processing of a
conditional use permit and that her organization was not financially prepared to provide the
deposit at this time. Therefore, she requested a waiver of fee be considered on a temporary
basis. Council requested that this item be placed on the August 9 Council meeting for
consideration.
RECOMMENDATION: That Council take no action on the fee waiver request and refer this
matter to staff for evaluation and processing, subject to the filing of a proper application,
including any justification for a fee waiver.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Ms. DiCerchio recently contacted the Planning Department indicating her interest in pursuing
a farmers market within the Bonita Village Shopping Center and was informed that a conditional
use permit would be required to address certain planning issues, such as parking, access, and
hours of operation. She was informed at that time that the filing fee for a conditional use permit
is a $2,000 deposit and would require Planning Commission action. In addition, the filing of
an application along with the site plan and other information would determine whether or not
an initial study would be required, which has a separate $1,000 deposit filing fee. However,
staff explained to Ms. DiCerchio that if their organization wished to pursue the farmers market
on a limited trial basis to determine whether or not it might be successful, an administrative
conditional use permit could be processed which carries with it a filing fee of $350, with an
exemption from the initial study process due to the temporary nature of the activity. Staff had
not proceeded any further, since no application and/or site plan had been submitted to the
Planning Department.
/7-1
17
Page 2, Item
Meeting Date 8/9/94
It should be noted that under the City's Master Fee Schedule, waivers of fees are provided when
the waiving authority is able to find a particular economic hardship or other injustice which
would result to the applicant which outweighs the need for recovering those fees when balanced
against the need for City revenue. The waiving authority is granted to the City Manager's office
for amounts up to or equal to $2,500. City Council action is required only in those cases where
fee waivers exceed $2,500. Consideration to waive any portion of the fees or to refer the matter
to the Manager's office for action is at Council's discretion. In this instance, it is recommended
that you refer the matter to staff to evaluate the project, at such time an application is submitted.
Any fee waiver consideration will be evaluated based on the ordinance criteria once the applicant
has provided the City with the necessary data.
FISCAL IMPACT:
If a waiver is granted, the number of hours required for staff processing will be absorbed by the
City's General Fund.
(:\bvcmkt.al1)
17~~