Loading...
HomeMy WebLinkAbout1994/08/09 Agenda Packet Tuesday, August 9, 1994 6:00 p.m. '" decltire ",njar penaitY ot perjUry till" i .&m em;>!c .ej b! the City of Chu!a Vista in the- OITice of ;~~;e City Cler~,~ ;:n-.~ tll& I posted this f,;en~a/No,ice on the Gulletin B~ard at the PUbl~'C 1:rVi es u:iding and at Ity all on 1/ ,~ " 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 -2- 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 -3- 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 -4- 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 -7- 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. JDG:mab -_._~ 00 r, .-, -- - '..'1 I.'" '.'0 il '1 ;;0 rn! I "c; " '," (,1 o r~":--"~ "---"--"" r I I <, I ~~~~_~_~82~ ~ ClfY C(~Lf;;~lL l~fr:,CE.S 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; ~ ~ =- p~ = 1"1 m" n ~~ ~ fTI v". < o. =- ", .....<: '0 0 .....- -V> ., "..... .- rn~ ..... 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, 5 ADDRESS I 3:2.'-1 '10M CJ- (.)/ eel ~5/~(LI) . WRItTEN COMMUNICATIONS (~f2 ~~ if 1fJ-C- ' Sv..- - J r f/7/7;/ I NAME YrlLtI 4-- h. \~ \r?f5'b NAME I--...../~. _.~_-..... ADDRESS ~-J .f-z, 1, j/ rc, v q 7 I '> 'j 9/7/ ;f 91'910 10 10 L \3 NAME en-:;,o{"\ ~..1 -' 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 t:H:", 2"'! 1 '~',~ 1 -). .,;:: ..j . ';':~~ ;: :::::::: ::: ,U'F(I T F' A''EL T F'l. F' (:0 F'AI;E O~ 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 fiN} Oi/il'_ On li(,-lii'.i\7i. (,'-1 ~"'k .... ':J;: _..,__ - - ~ ~ ~ - 1 .'1' ;.~..'. ~. .~. He... H. 1.,. HHh HHJ .~~i ': H~ iUUU UHih HHJHH_ ..; r. ~~~ ~ uu 111 ~! ~~!~J!~~ : - - .~- ;:~~ ~~i ~ ~ ;.L ::: -:.; :': 5-S 2 5 S. :; E: -: i.~ -:'..... ~ ~ ~.~ ~ ;:: -- ~.:. . - l.E -;" z'~ ;: :i, ~ 2 ~ ':J ~....c: 'c "5"....- k ~~ :-' ~ . ~ ::: :.- ~F " Q 2! ~ ':::;)"'7- ]!l~ - '" ;:;:::, UUI ~ x, ;. ,.....1 -<: ~ ~ .... 2 " co' ~ ~ .., Si:;;l ~ 1 _ ~ "'.6 ~ ttlllt!lllctllIIJlllilltllitlf! l;~ ~ ~ ~~~~~ ~ .!~_~-~.i~ ~1 ~~~E~ ~.~~~~-5-5~ f ~ 4 ~ ~ :i ~ ~ ~ ~ -= _. r. _ ..; :: ::: 2u: -' ?"'7 ~ ..; 11 !II ii, I, " yl ILJ .l.j,1 !.I,-t ..11 II"~YJ I[ ii' 1 II " " is I~~ "=-l ! rll' il~~j. ,,=~Jld i I~~l'-:::::J.: ~ e 'Jru~,:~ ~ ::I 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. WPC F:\HOME\COMMDEV\1086.93 & 1087.93 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 WPC F:\HOME\COMMDEV\lOB6.93 & 1087.93 //,'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. 0>d."_1>( D ~ FU::ED rg~ COUNTY OF IAN DIEGO ~Way Jieg>Cany II-II -...-......--.... -.......--. '-c... . EXH1-B1T..5 . /-,,~, :,:',; - i _".'l:--... ~\ CITY OFCHULA VISTA COMl\1UNITY DEVELOPMENT BLOCK GRAA'T FUNDlNG APPLICATION FOR 1994-95 /1;;/( I ,.., g91 f'./"!'-''"::""::.::;~:'',~. >.; [.'::::!~;;J{?;;}"4i( : 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. .. .~ {r".( .--." 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. \ ~ ,{ 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. I Lw ~I 0::: Q ~I ~\ <\ 2\ -\ ::r: NOT~ ~ CIRCLED NUMBERS 0 REPRESENT NUMBER D ITEMS IN THE AGENlJA STATEMENT. \ DRA WING HAS BEEN EXAGERATED IN THE EAST-WEST DIRECTION. I I I I I I I I I I I I I I I I I~ I :0 I~ I I \ ADJUSTED I BOUNDARY I TO BE \ ELlMINA TED \ REVERSING T, \ THE BOUNDAR \ADJUSTMENT. \ r--...- I I I , 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 "I ,; I -', 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...,..... " 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 ~. ~:: II ~ ~~ " [ f ~: ... This space for Recorder's use, only ... >>>>x.:~~".~:~...wx~<<.;.;,,,;,;,;,:,~:-:,:,:-:,:,:-,"'~;.;.;.;.;,;,-..;.:,;.;~,:.:~.;'X{'~;':'~:-:-:'':':0;';';';'*':'~:'lr':.:-:,:,m@;.:-:>;,m~;*;*;...;,;'.':'Y.';<<.;.:-:,:,~w.@>>:,x-:.w,.;.-.@;*,,,;.;,;*,.,,,,,:,:.:-:,:.~:,:,:.*~>>:<<-:,w.w_,,:-:-m:-.,<<,,;.;.~:.;,:':-:-;->>:,;,;,;,;,;~m:.;."'_;""',:':-:';':-;':' [ ] 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 / %;-0 / -"k o <? / /<? 6'", / / / / / 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 I I I I I I I 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 - - \ I If $1f)6WALKJ g' I 5' Zr,' MtJA!lIMcfolT 11 I ,sIGN - , 'C --~ -- ..- r- .... , I PRoP. i./A/Ec:i I ltJ ~ ~ ../ ~ #374 IJ..l ~ ~ -..J ---- ~ I I I ~ I\. ~. f!:J'l( ". ~ ~. 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 ) '\:::) '" \ ~ 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) ~ I ~ 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 ~ \ ~ '" 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) ~. _"'7'" - .-----" 1 \ \. ~ \~ -~- "7 .- o --- ~~. --- - ~ - , LOCATION OF WORK: ,/ 01, \ \ \ \ \ \ '- '- '" \ \\0 ; NO SCALE ,/ ~ FY 1993-94 SEWER REHABILI~A~ION PROG~I, - PHASE V /J-13 WORK ORDER NO. AR-042 II PLAT N'J!'~BEF.: 1 II DATE 11/18/93 II 3.H .' ------- , -' 7 ~ . / ~/ ____~ _~~OJo · s"\' . . . . . . . . . . . . . . . - . . .. .' . . t;' C '4 \~ LOCATION OF WORK: NO SCALE ---. ~. -- ) ~ # ' .... . . .. f'" d /--~ / "- cf\ \ \ \ \ ' \ '. \ \ b \ I " / -. ~ ~=~ FY 1993-94 SE.....ER REHABILITh-:':ON /'-10/ I I PROGRAM - PHASE V !: WORK ORDER NO. AR-042 I PLAT NUr.1BER: 2 II DATE 11/18/93 II EVH - -.--..---..-- ...~ ~, ~ /' ( -- "-.. \ SECOND I l..--- /' 5= '0.4% \\ _/ " ~ s= 0,4 % ~ ~~':- .... '~I . ~ <t ~ tFi , ~ S; ';t . " I '- - , '. .~ .. . . ..... w w a:: ..... V) to \rl o:l <t ...J :I: U (O~). ..... .J :1 "'.i 5=0.4 % . .. . .. M DEL .. . , . , .. 8 . MAR I (w \...J \~ m' '<Sl . . . '. <t W V)= . M . . . , (;f'~,J C'.M ,~ 'B~'~ , .. , '- . J m ...J a:: ...J a:: c:t . ~j~ o If' '. I -- --- LOCATION OF WORK: / d. \ " " \ \ '-. "- \ \\\\p / NO SCALE WORK ORDER NO. FY 1993-94 SEWER REHABILITA~ION PROGRAM - PHASE V AR-042 II PLAT NUMBER: 3 II DATE ," (""ITffi ) THIRD \_1 ,= . L DIS - ~ IJ -If I ___=-.J 11/18/93 Ii B\'i-j l ...... "" ~... <:. r '~ \~\ ' ',1 @ , i oj tJ< \ ~ lj ~.\1' 't', \' _ ~ \.'J r. ' ": .\ - tf"\\ I t', ,<. ;' ,- , - ~ .<~.\0 "r" ,~- - - LOCATION OF WORK: /' "-. 1\,\",\\\" o '-' , \_~-r' , " / ./ II Ii NO SCALE FY 1993-94 SE~ER REHABILIThTION PROGRAM - PHASE V I""/~ WORK ORDER NO. AR-042 II PLKT Wc}J.:3ER: 4 II Dl'.TE: 11/18/93 I! 3\'ij ~ ~~o I ~ ~. ,e".'~ " b . G"--O'-J S .~ e ~ GS ..,' --J" I \~ , ' ~ e~"~\ ~i .~ .\\. ~ \ \ \ \ \. . \- --- ~. ~\ "," \ , ) \ \~6\J?\~ LOCATION OF WORK: ...... ---- / '-., ~\\\\\\\\\\';b '. / NO SCALE tWORK ORDER NO. FY 1993-94 SE~ER REHABILI7hc:8N PROGRAM - PHASE V AR-042 II PLAT N1JMBER: 5 II DATE It-I '1 11 / 18 /93 II ---} [, BVl-i 1L .' 'e~\ ~ .- ~ ~ ~ :t:. \ , , - ~ -" LOCATION OF WORK: /' d,\' \ \ \" \ " "- , \ \ 0 / NO SCALE /' ~ ~ .- I ~ORK ORDER FY 1993-94 SEWER REHABILIT~~ION PROGRAM - PHASE V NO. AR-042 II PLAT NUMBER: 6 II Dr.TE.: /~-/y 11/18/93 II _;;.=c==,=, / / / / / / / / / / / / / / ~ / / / / / / / / / / / MANHOLE TO BE ~ ....~ REHABILITATED ~ --.- \ ...~ \_~- \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ /~ \ \ \ (" \ \ \ \ \ \ \ \ \ \ \ \ , \ \ LOCATION OF WORK: ~ NO SCALE r bo," ORD'R NO. FY 1993-94 SEWER REHABILITh':'ICN ~/ ~/q PROGRAM - PHASE V /~ I AR-042 II PLAT N1..;:<3ER: 7 II DATE 2/18/93 II 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~~