HomeMy WebLinkAboutAgenda Packet 1992/08/11
Tuesday, August 11, 1992
6:00 p.m.
'" declare under penalty of periu~ t~llt I a1rI
10 ed by the City of Chula VIsta In the
e7~ceY of the City Clerk and that I posted
0. A de/Notice on the Bulletin Board at
thIS gen d COt Hall n
the PUb~iC rv. as Building a.~, ~t I ..>../;iW'"""
DATED' . ..2 SIGNED :. .
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C. t
Council Chambers
Public Services Building
ReSl:l1lar Meetin~ of the City of Chula Vista City Council
CAll. TO ORDER
1.
ROll CAll:
Councilmembers Horton _, Malcolm ~ Moore ~ Rindone ~ and Mayor
Nader _
2. PLEDGE OF AllEGIANCE TO THE FlAG. SILENT PRAYER
3. APPROVAL OF MINIITES: July 28, 1992 (Council) and July 28, 1992 (Joint Council/RDA)
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office:
Board of Appeals: Harold Coleman, Jr.
Civil Service Commission: Jack Turner
Commission on Aging: Anne M. Nute
Cultural Arts Commission: Lori Chan Luna
Growth Management Oversight Commission: Mike Armburst
Human Relations Commission: Michele Delehanty
Planning Commission: John Ray
Town Centre Project Area Committee: Michael Steiner, Kathy Lembo, Bill Winters
b. Presentation of Certificates of Recognition to students: Certificates will be presented to:
Sachiko Murata, Yukiko Nakamura, Aiko Yamazaki, and Etsuko Yoshida from Sister City.
Odawara, Japan; Hazaki Saito, Taiko Mishimo, Noriko Sato, Etsuko Tate, Hirofumi
Hashimoto, Tomoe Terui, and Pierre.Yres Dozo from Japan.
CONSENT CALENDAR
(Items 5 through 13)
The stoff recommendations regarding the following iIems listed under the Consent Calendm will be enacted by the
Council by one motion without discussion unless a Councilmember, a member of the publU: or City stoff requests
that the item be pulled for discussion. If you wish to speak 011 one of these iIems, 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 oppasition to the stoff
recommendation.) Items pulled from the Consent Calendm will be discussed after Action Items and Boards and
Commission Recommendations. Items pulled by the publU: will be the first iIems of business.
5. WRITTEN COMMUMCATIONS: None
6.
ORDINANCE 2524
AMENDING SECIlON 2.30.020 OF THE MUNICIPAL CODE RELATING TO
MEMBERSHIP ON THE ECONOMIC DEVELOPMENT COMMISSION (EDC)
Agenda
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August 11, 1992
(first readinsd - On 10/9/90, Council amended Section 2.30.020 and
2.30.060 to expand EDC membership from seven to nine commissioners.
The recommended ordinance is being proposed by the Economic
Development Commission and provides language outlining specific areas
of expertise which should be drawn from in Council's selection of
appointees. The purpose is to encourage a well balanced membership
representing expertise vital to the EDC's role in developing, recommending,
and implementing economic development strategies. Staff recommends
Council place ordinance on first reading. (Director of Community
Development) Continued from the 8/4/92 meeting.
7. RESOLUTION 16746 RATIFYING AGREEMENT WI1H TIlE COUNTY OF SAN DIEGO RELATING
TO TIlE DESIGNATION OF CHULA VISTA HARBOR AS TIlE SOUTHERN
HOME PORT OF TIlE TALL SHIP CALIFORNIAN - The agreement allows
the City to accept payment of $7,000 from the County's Community
Enhancement Program which will go toward reimbursing the General Fund
for the $26,000 grant awarded for the tall ship CALIFORNIAN. Staff
recommends approval of the resolution. (Deputy City Manager Krempl)
8. RESOLUTION 16747 AU1HORIZING AND SUPPORTING TIlE SUBMITTAL OF A GRANT
APPIJCATION TO TIlE FEDERAL EMERGENCY MANAGEMENT AGENCY
FOR MATCHING FUNDS FOR TIlE PURCHASE OF ALERT/WARNING
PAGING EQillPMENT - The Fire Department (Disaster Services) has
prepared a grant application to FEMA requesting matching funds in the
amount of $1,250 for the development of local disaster communications
and alert/warning systems. Staff recommends approval of the resolution.
(Fire Chief)
9. RESOLUTION 16748 ADOPTING TIlE SAN DIEGO COUNTY FIRE MUTUAL AID AGREEMENT
The agreement provides for the coordination and availability of fire
protection resources and facilities of the County of San Diego, cities, fire
protection districts, fire departments, and other political subdivisions
within San Diego County. Staff recommends approval of the resolution.
(Fire Chief)
10. RESOLUTION 16749 APPROVING ENCROACHMENT PERMIT NUMBERPE-260 FOR RETAINING
WALL AT 326 EAST MOSS STREET . The owners of 326 Moss Street
propose installation of a retaining wall in the rear yard. To take advantage
of the best location for the wall and to facilitate construction, the footing
must encroach within a City drainage easement. The wall will be seven
feet high at its maximum. Any encroachment permit for a retaining wall
over five feet in height must be considered by Council. Staff recommends
approval of the resolution. (Director of Public Works)
11. RESOLUTION 16750 APPROPRIATING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACT
FOR "CROSS GUTTER REMOVAL AND INSTALLATION OF STORM DRAIN
FACIlJTIES AT HILLTOP DRIVE AND NAPLES STREET" - On 7/28/92,
sealed bids for the project were received. Work includes traffic control,
Agenda
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August 11, 1992
removal and disposal of existing improvements, relocation of existing
facilities, excavation and compaction, asphalt concrete pavement curb and
gutter, sidewalk pedestrian ramp, driveways, adjustment of manhole and
gate valves, various drainage inlets and sttuctures, shoring, reinforced
concrete pipe, a stteet survey monument, consttuction surveying, protection
and restoration of existing improvements, and other miscellaneous work.
Staff recommends approval of the resolution, acceptance of the bids and
awarding the contract to Overson-Rand Corporation. (Director of Public
Works) 4/5th's vote required.
12. RESOLUTION 16751 ACCEPTING BIDS, WAIVING IMMATERIAL DEFECfS AND AWARDING
CONTRACT FOR EAST "Ii" STREET AND HIDDEN VISTA BUS TURNOUf;
AWARDING CONTRACT TO TIiE SECOND RESPONSmLE BIDDER,
CONOl.ETE CONTRACTORS INTERSTATE, IN TIiE EVENT ERRY
CONSTRUcnON FAILS TO PROVIDE PERFORMANCE AND LABOR BONDS
WITHIN TEN WORKING DAYSAFTERRECEMNG NOTICE OF AWARD-On
7/15/92, sealed bids for the project were received. The work to be done
includes installation of new curb, gutter, sidewalk, cast-in-place concrete
slabwork, bus shelter, bench, traffic control, loop detectors, and other
miscellaneous work. Staff recommends approval of the resolution,
acceptance the bid and awarding the contract to Erry Consttuction.
(Director of Public Works)
13. REPORT LEGAL ALTERNATIVES TO DEAIJNG WITII PANHANDLING IN TIiE
DOWNTOWN AREA TIfAT MAY BORDER ON ASSAULT - Council has
expressed its concern over reported incidents of aggressive panhandling in
the downtown business district and has asked the City Attorney's Office to
report on alternatives available to address this problem. A recent U.s.
District Court has ruled that an "anti.begging" law, similar to the City's, is
an unconstitutional breach of the solicitor's right of free speech and equal
protection. Staff recommends Council accept the report. (City Attorney)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The foUowing items have been advertised and/or posted as public hemin&, as required by law. [fyou wish to speak
to any item, please fill out the "Request to Speak Form" avaiJilbk in the lobby and submit it to the GUy Ckrk prior
to the meeting. (Complete the green form to spt:ak in favor of the staff recommendJJtion; complete the pink form
to spt:ak in opposition to the staff recommendation.) Comments are limited to five minutes per individuaL
14.
PUBUC HEARING
PCC-92-40: CONDITIONAL USE PERMIT: APPEAL OF PLANNING
COMMISSION APPROVAL OF A REQUEST TO CONSTRUCT INfERIM FIRE
STATION NUMBER SIX AT TIiE SOUTIiWEST CORNER OF LANE AVENUE
AND FENTON STREET; APPEU.ANT - CAJJFORNIA LAND ASSOCIATES -
Appeal of Planning Commission approval PCC-92-40 for the City
application to consttuct an interim fIre station at the southwest comer of
Fenton Street and Lane Avenue, 2396 Fenton Street. Staff recommends
Agenda
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August 11, 1992
approval of the resolution. (Director of Planning) Continued from
7/28/92 meeting.
RESOLunON 16752 PCC-92-40 CONDITIONAL USE PERMIT: APPROVAL OF REQUEST TO
CONSTRUCT INTERIM FIRE STATION NUMBER SIXAT THE SOUTIIWEST
CORNER OF LANE AVENUE AND FENTON STREET; APPELLANT -
CALIFORNIA LAND ASSOClATES
15.
PUBUC HEARING
PCA-92-03: CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL
CODE REQUIRING A CONDmONAL USE PERMIT FOR SALES OF
ALCOHOUC BEVERAGES IN THE COMMERCIAL-NEIGHBORHOOD (C-N)
ZONE - C11YINlTIATED - On 4/21192, during consideration of a report on
alcohol sales facilities in Commercial Neighborhood (C-N) zones, the
Council directed staff to return with a proposed ordinance outlining an
application procedure for alcohol sales in the CoN zone. The procedure
would require approval by the City and input by the Police Department,
with approval being subsequently placed on the consent calendar for
Council action. Staff recommends Council place ordinance on first reading.
(Director of Planning)
ORDINANCE 2526
AMENDING SECTIONS 19.14.030, 19.34.020, AND 19.34.030 OF THE
MUNICIPAL CODE RELATING TO THE SALE OF ALCOHOUC BEVERAGES
IN THE COMMERCIAL-NEIGHBORHOOD (C-N) ZONE (first readinl!:)
ORAL COMMUNICATIONS
This is an opportunity for the general puh/U; to address the City Council 011 any 9Ubjea 11IJJtter within the Council's
jurisdU:tion that is not an iJem 011 this agenda. (State law, however, generally prohibits the City Council from
tI11dng action 011 any issues not induded 011 the posted agenda.) If you. wish to address the Council 011 sudJ a
9Ubject, please complete the yellow "Request to Speak Under Oral ComnwnU:ations Form" available in the lobby
and 9UbmiJ it to the City Clerk prior to the meeting. Those wha wish to speak, please give your nome and address
for "",ord pwposes and follow up action. Your time is limiteJI to drree minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Cowu:il will consider iJems whid& 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 erpected to eli&it 9Ubstantial discussions and deliberations by the
Council, staff, or members of the general public. The iJems will be considered individullIly by the Council and staff
recommendations may in certain cases be presented in the altenwtive. Those wha wish to speak, please fill out
a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Pub/u;
comments are limiteJI to five minutes.
Agenda
.5.
August 11, 1992
16.A. RESOLUTION 16753 AUlHORIZING ISSUANCE OF BONDS, APPROVING BOND INDENTURE
AND OFFICIAL SfATEMENT FOR ASSESSMENT DlSfRICf NUMBER 90-1
(SALT CREEK 1) - These are the closing resolutions for the Salt Creek I
assessment district proceedings. They approve certain bond-related
documents and award the bond sale to the lowest bidder. Staff
recommends approval of the resolutions. (Director of Public Works)
B. RESOLUTION 16754 AUlHORIZING ISSUANCE OF BONDS, APPROVING BOND INDENTURE
AND PREUMINARY OFFICIAL SfATEMENT FOR ASSESSMENT DlSfRICf
NUMBER 90-1 (SALT CREEK 1)
17. REPORT APPROVING PROPOSED WORK PLAN FOR NEW AND INCREASED
REVENUES . During the fiscal year 1992/93 budget review hearings,
Council received two lists of revenue options which were being evaluated
by staff. At that time Council expressed desire to provide additional
comments and review on the revenues listed. The purpose of the report is
to receive feedback from the Council to confirm the Manager's short and
long term revenue plan. Staff recommends Council accept the report. (City
Manager)
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council wiD discuss items which Iulve been removed from the Consent Calendar. Agenda
items puIkd at the request of the publU: wiD be considered prior to those puIkd by CounciImemben. PublU:
comments are limited to five minutes per individual
OTHER BUSINESS
18. CITY MANAGEROS REPORTfS)
a. Scheduling of meetings.
19. MAYOR'S REPORTfS)
20. COUNCIL COMMENTS
Councilwoman Horton:
a. Name change of the Elderly and Handicapped Transportation Committee.
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on August
18, 1992 at 6:00 p.m. in the City Council Chambers.
COUNCIL AGENDA STATEMENT
Item
~.b
Meeting Date 08/12/92
ITEM TITLE
Student Recognition
SUBMITTED BY
International Friendship Commission
(4/5ths Vote: Yes___No~)
Mayor Nader to present each of the following students with
certificates of recognition.
Sister City - Odawara Students
Sachiko Murata
Yukiko Nakamura
Aiko Yamazaki
Etsuko Yoshida
Lions Club S~onsors - Southwest Bonita AM
Hazaki Saito
Taiko Mishimo
Noriko Sato
Etsuko Tate
Hirofumi Hashimoto
Tomoe Terui
Pierre-Yres Dozo
4b -/
.
.
.
COUNCIL AGENDA STATEMENT
Item (., ,,,4.,,,,k
Meeting Date ~ 8J/~;.2.
ITEM TITLE:
Ordinance 2524 Amending Section 2.30.020 of the Chula Vista Municipal
Code Relating to Membership on the Economic Development Commission
~
SUBl\UnJill BY:
Community Development Director
City Managel\...~ ~d ~\
No...xJ
(4/Sths Vote: Yes
REVIEWED BY:
BACKGROUND: The ordinance, as originally proposed by the Economic Development
Commission, has been revised per Council's direction on August 4, 1992.
RECOMMENDATION: That Council introduce the proposed ordinance for first reading.
BOARDS/COMMISSIONSRECOMMENDA TION: The Economic Development Commission
unanimously endorsed the ordinance as currently proposed on August 5, 1992.
DISCUSSION:
The ordinance as currently proposed provides for the following:
Votin!! Members
Two (2) Chamber of Commerce nominees
One (1) South San Diego Bay Cities Association of Realtors nominee
Six (6) Residents at large
9 Subtotal
Non Votin~ Members
Five (5) Ex-Officio Commissioners
The ordinance stipulates the selection process by the Mayor and Council. Specifically, of the
six residents at large, two are appointed by the Mayor and each of the remaining four are
appointed by one of the four Council members. Additionally, areas of desirable expertise are
identified for consideration by Council in making appointments.
FISCAL IMPACT: None.
(A:\ORD1S20U 13
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Co-2.
ORDINANCE 2524
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION
2.30.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
MEMBERSHIP ON THE ECONOMIC DEVELOPMENT COMMISSION
THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby ordain
as follows:
Section 1. That Section 2.30.020 of the Chula Vista Municipal Code is amended to read
as follows:
Section 2.30.020 Membership.
A. Number of Members.
The Commission shall consist of nine (9) Voting Members, a Staff Ex-
officio Member, and up to Ulree (3) five (5) General Ex-officio Members.
B. Designation of Members
1. Voting Members.
The Voting Members shall be appointed by the City Council from the
qualified electors of the City, two (2) of whom shall be appointed from a
classification consisting of nominees from the Beefli Association of Directors of
the Chula Vista Chamber of Commerce and who shall, at the time of their
appointment and throughout their term, have membership in the Chamber of
Commerce; one (1) of whom shall be a nominee from the Beefli Association of
Directors of the South San Diego Bay Cities Beefli Association of Realtors and
who shall, at the time of their appointment and throughout their term, have
membership in the South San Diego Bay Cities Bellfd Association of Realtors; and
six (6) of whom shall be residents of the City at large and who shall, throughout
their term, maintain their residency and elector status. each of which shall be
nominated bv a seoarate member of the Council whi!(h nomination shall b~
confirmed. and thus aooointed... the entire City Council bv a maioritv vote.
2. Staff Ex-officio Member.
The City Manager or his/her designate representative shall be an ex-officio
member of the commission, who shall not be required to be a qualified elector of
the City, but who shall have no vote ("Staff Ex-officio Member").
3. General Ex-officio Members.
f..t,-8
,,'<
+\9-
The City Council, or its designee, may appoint not greater than iliree (3)
five (5) additional ex-officio members of the Commission, who shall not be
required to be qualified elector(s) of the City, but any such appointed ex-officio
members shall have no vote ("General Ex-officio Member").
!.. Desired areas of Expertise
In order to ensure the hie:hest caliber of talent and experience and a diversity
of vie\\fPOints. the Council should appoint Members and Ex-officio Members. with
one or more of the followin~ areas of expertise (in addition to the nominees from
the Chamber of Commerce and Association of Realtors as provided in this
Subsection. B.1):
Market Research
Residential Develooer
Commercial/Industrial Developer
Banker/Lender
Maior Employer
Small Business Owner
Job Trainin~/Employment Services
Maior Land Owner
Labor Leader
Maior Utility
Maquiladora/International Business
Educational Institution
San Diego Economic Develo.pment Corooration
South San Diego County Economic Development Commission
Commercial Real Estate Broker
Section 2. Transitional Provisions. The adootion of this ordinance shall not result in th~
unseatine: of any seated Commission member. Vacancies on the Commission in the at lare:e
seats shall be filled bv the Mavor and Councilmembers oursuant to their nominatine: authority
in the followine: order:
The Mavor shall have the authority to nominate the first vacancy. The Councilmember
hQldine: Seat No. 1 shall have the authority to nominate the next vacancy in line. th~
Councilmember holdine: Seat No. 2 shall have the authority to nominate for the next vacancy in
9nter. the Mavor sh!l!l have the authority to nominate the next vacancy in order. the
Councilmember holdine: Seat No. 3 shall have the authority to nominate the next vacancy in
Qrder. the Councilmember holdine: Seat No.4 sh!l!l have the authority to nominate the next
vacancv in order. and such order continues to reDeal itself until all of the at lar2e seats on the
Commission are fill~ bv oersons directly nominated bv th~Mavor or a Councilmember.
Section 3. This ordinance shall take effect and be in full force on the thirtieth day from
and after its adoption.
fe,-~
Presented by:
Chris Salomone
Community Development Director
(C:IWP51ICOUNCILIRESOSIEDC-ORD.ORD]
io-s
ro 1 by
Bruce M. Boogaard
City Attorney
-0
ITEM TITLE:
COUNCIL AGENDA STATEMENT
ITEM: 7
MEETING DATE:~
Resolution /i.7l{1.. Ratifying agreement with the County of San
Diego relating to the designation of Chula Vista Harbor as the
Southern Home Port of the tall ship CALIFORNIAN
Deputy City Manager KremPtJ~
City Manager.j~ ko~ (4/5ths Vote:
Yes No X )
--
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
The City's agreement with the Nautical Heritage Society to designate Chula Vista
Harbor as the Southern Home Port of the tall ship CALIFORNIAN requires that the
City make a $26,000 per year grant to the ship's organization. In consideration
of the value of the ship as a shared community asset, the County has allocated
$7,000 in its Community Enhancement Fund to support this service.
RECOMMENDATION: That Council adopt the resolution authorizing the Mayor to sign
the attached agreement accepting the $7,000 from the County.
BOARDS/COMMISSIONS RECOMMENDATIONS:
DISCUSSION:
Not applicable.
The attached agreement identifies the City of Chula Vista as a contractor charged
with continuing to work toward maintaining Chula Vista Harbor as the Southern
Home Port of the tall ship CALIFORNIAN. For such service, the County agrees to
pay the sum of $7,000.
FISCAL IMPACT: The payment of $7,000 from the County will go toward
reimbursing the General Fund for the $26,000 grant awarded for the tall ship
CALIFORNIAN. The remaining $19,000 will be reimbursed by the Redevelopment
Agency, leaving no net impact on the General Fund.
A:SDFUND
(.../
RESOLUTION NO.
/1c7L/6
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING AGREEMENT WITH THE
COUNTY OF SAN DIEGO RELATING TO THE
DESIGNATION OF CHULA VISTA HARBOR AS THE
SOUTHERN HOME PORT OF THE TALL SHIP
CALIFORNIAN
WHEREAS, the city's agreement with the Nautical Heritage
Society to designate Chula vista Harbor as the Southern Home Port
of the tall ship CALIFORNIAN requires that the City makes a $26,000
per year grant to the ship's organization; and
WHEREAS, in consideration of the value of the ship as a
shared community asset, the County has allocated $7,000 in its
Community Enhancement fund to support this service.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby ratify the agreement with the
County of San Diego relating to the designation of Chula vista
Harbor as the Southern Home Port of the tall ship CALIFORNIAN, a
copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to sign on behalf of the city of Chula vista the
agreement accepting the $7,000 from the County.
Presented by
George Krempl, Deputy City
Manager
F:lhomclattomeyISDCntyCa
-(-;L
I
AGREEIIEIIT ~N THE CWIITY OF SAIl DIEGO
~City of Chula Vista
Th. County, und.r .uthority of Gov. code 26100 .nd .ppllcobl. County
Ordlnonc.., de.lr.. to _.g. Contr.ctor In connection with the
promotion end odv.rtl.lng of County r..ourc.. In order to Incr....
Touriam, trade, and commerce in the county;
WHEREAS, Contractor possesses certlln skills, experience, education
lndIor coqlltency to perform the specl.l servlc.s or event Identified
below, and County desires to engage Contractor for such special s.rvices
or event; and
AUDITOR AND CONTROLLER
FundIng Orgsnlz.tion 10250
Contract #:
Account:
T.sk Option ActivIty
Approved for funda and account.:
WHEREAS, the Boord of Supervisors on Julv 15. 1992 .lloc.ted
57,000 to the Contr.ctor for s.rvlc.. .s Indlc.ted her.ln for the
period Julv 1. 1992 to June 30. 1993 by Boord Action
M.O. ..J2...
WILLIAM J. KELLY
Auditor & Controller
By:
Th. County of Ssn Diego hereby .nters sn .gr.ement with Contr.ctor City of Chuls VIst..
SCODe of Services. The Contractor will promote and provide 8 scope of services described 8S the foLlowinQ tour'st/cuLtural related
.ctlvltles: Mslntsln Chul. VIst. Horbor .. southern Home Port of the Toll Ship C.llfornlon.
Tenm of Aareement. The term of this Agreement shall be for the period Indicated above.
M.thod of Povment. Qusrterly paymentl of equel 8Il1OuntS, which sh.ll be due on or before the l.st doyof .och quorter, wIll be mode
.utomotlc.lly commencing with the County's r.c.lpt of . signed copy of this Agreement on or before 2 we.ks prior to the I.st doy of
the quert.r. In the .v.nt . signed copy of thl. Agreement is not rec.lved on or before 2 w..ks prior to the I..t d.y of the qu.rt.r,
the flr.t payment wIll be mod. on or before the l..t dey of the next qu.rter. During the contr.ct ye.r, but In no event l.ter thon
two month. beyond the contract year, the Contractor must ,ubmft documentation to the County'. representative setting forth actual
expenditures IIIIIde In support of the scopa of s.rvlce.. Any payments Ill8de to contrector which exceed the totel .ctusl expenditures
for the contrect y..r IIIJ8t be refunded to the County. Rehrbursement for expenses Incurred in odvence of the quarterly payment
achedule wUl be lllllde upon autmfssion of an fnvofce by the Contractor to the COU"1ty'a representative setting forth the actual
.xpendlture.. Th. -..nt of such reimbursement .h.ll be deducted from the succeeding qusrterly peymentl.
In the ev.nt th.t Ie.. th.n .11 services .re performed In e proper end timely menner, the Contr.ctor shell be Obllg.ted to Inform
the County's r.pr.sent.tlv. of such, .nd sh.ll only be peld for the r..son.ble costs of those servic.. performed during the payment
period II deteMmfned by th, County's representatfve. However, the Contractor and the County'srepresentatfve may agree fn writing
to ext.nd the parlod of thl. Agr.ement for not lOre th.n three (3) months to .llow the Contr.ctor edditlonel .tlme to preform the
s.rvlc.. required by this Agreement. The tot. I peyments mode to Contrector for servlc.. performed during the tots I period of this
Agreement, fncludfng any extensfon, shaLL not exceed the amount allocated to Contractor a. indicated fn this Agreement. In the event
Contr.ctor receives payment from the County for. servlc. which Is l.ter dls.llowed by the County upon review of the Controetor'S
docunent.tion of.ctuel .xpendltur.., the Contrector sh.ll pr_tly refund the dls.llowed IIIIlOUnt to the County on request, or.t its
option, the County OUllt the IIIIlOUnt dlullowed from eny payment due or to become due to controctor under thIs Agreement or .ny other
Agreement.
l'~
Comcensatfon. The County agrees to pey to the Contractor the sum of $7,000, for the perfod indicated above, and Contractor agrees
that aald sum shall be full compensation for all services In performing this agreement for said period.
Administrator of Aareement. The Chief Administrative Officer shall be the County's representative for the purpose of administering
this Agre_nt.
~ Any notice or notlcas required or permitted to be given pursUlnt to this Agro_nt may be personally served on tho other
party by the party giYing such notice, or may be served by certified mail, postage prepaid, "return receipt requested, to the following
addresses:
County:
County of San Diego
1600 Pacific Highway
San Diogo, CA 92101
Contractor;
Mr. Jim Thomson, Deputy City Maneger
City of Chula Vista
276 Fourth Avo.
Chula Vista, CA 91910
J have read the above and the Terms and Conditions set forth on the back of this Agreement and I accept the allocation and agree
thereto:
Contractor
Signature
Title
Date
County of San Diego
Clerk of the Board of Supervisors or Authorized Representative
Date
,..4
1.
TERIlS _ lXlIIDlTJONS Of COMJIfITY EM_CElIEMT SERVICES AGIlEEIIENT
Audit and I~mtfon of RftO.o;tL At any time during normal business hour. end .s often al the COU'ltr ..y deem nee.sllry the
Contractor I a mede aVI a6'fi'"""to the COU"Ity for examination all of h. records with respect to.l _Uer. covered by' this
Agreement and wUl permit the COWlty to audit, examine and IIIIIke excerpts or transcripts from such records and make audit, of
all invoice., Nt.rtall, payrolls, records of persomel and other "data relating to all InBtters covered by thi'. Agreement. 'unlels
otherwise specified by the COl.nty, .aid records should be made avaflable for examinetion within San Dfego COLnty. Contractor
shall metnt_fn such records in an accessibl. location and condition for I period of not less than four. year. following receipt
of final payment under this Agreement unless County agrees In writing to an esrller disposition. The State of Csllfornls or .ny
Federal agency h.vlng an Interest In the subject of this agreement shall h.ve the same rights conferred upon County by this
Agreement.
Je~fnBtf~ of Aa~t for "--e. Upon breach of 'this Agreement, COU'1ty Ihalt hive the right to terminate thil Agreement by
glv ng wrItten not ce to tontrlctor of such termination and lpeclfylng the effective dete thereof, It least five (5) days before
the effective date of such termination. In th.t event, Contractor shall be entitled to received reasonable c_.tlon for .ny
satfdlctory work'cc::lq)leted to dete of termination, not to exceed the 8I1IOI.rIts p.Ylble to dete of termination reduced by the ImOU'lt
of _ges sust.lned by County by reason of such breach.
~tfon for ~ence al ~tv. COCXlty mey terminate thll Agreement, at any time by giving written notice to Cont'rector
OTIiiCh termlnat on a specifYIng the effective date thereof at least abty (60) days before the effective date of luch
termination.
2.
3.
4.
Contractor NY terminate thta Alreement at any time bv living written notice to COWlty
o auc term NIt on a.pee y ng t e effective dlte thereof at le..t Ibty (60) dlya before the effective dete of .uch
termination. Inth.t .vent, It Is .xpr.ssly .greed .nd understood th.t Contr.ctor .t the option of County sh.ll for. Minimum
parlod of thIrty (30) days .fter giving .uch notice provide .s requested by the admlnlstr.tor of this Agr.ement, .sslstanc. end
advice to Contractor's succeesor to hcllltate the period of transition c.used by such termination, provided th.t such Mini....
period of assistance and advice by Contr.ctor to Contrsctor's successor shall not extend beyona the effective date .of the
termination.
Ch~. County may from time to time require changes In the scope of the ..rvlces of Contractor to be perfonmed hereunder.
Sue anges, Including any Increase or decrease In the amount of Contractor's Compensation which ar. mutually agreed upon by
and between COt.I'\ty and Contractor, shalt be effective when Incorporlted In written emenctnents to this Agreement therein. .
~~i~~ty. The Contractor shall not assign any interest In this Agreement, and shall not transfer any Interest In the same
( et er assignment or novation), without the prior written consent of tha County thereto(' provided, howev.r, thst clsl.. for
money due or to bec_ due to Contrsctor from County under this Agreement may be .sslgned w thout such .pproval. Notice of sny
such .sslgnment or tr.n.f.r .h.ll be furnl.hed promptly to County.
Intr~t of ~tr~or. Contractor covenant. that Contractor pre.ently ha. no tnt.rest, Including, but not limited to, oth.r
pro ects or Indepa nt contracts, and shall not acqulre.ny such Interest, direct or Indirect, Which would conflict In.ny IIIM1r
or degree wIth the performanca of services required to be perfOrmed under this Agreement. Contr.ctor further Covenants that In
the performance of this Agreement no person hsvlng any such Interest shall be employed or retained by Contractor under thl.
Agreement.
P\bllcatlm..ba-lIdueUC!!'LIlIld Usa of "rterlal. No ..terl.l produced, In Whol. or In part, under this Contr.ct sh.ll be slbJect
to copyrlilitln the UnltiCI Statal or n any other Country. The County sh.ll have unr.strlcted .uthorlty to publish, dlsCIO..!
distribute end otherwls. us., in whole or In pert, any reportl, datI or other mat.rlals prepared under thf. contract. At
reports, data and other materials prepared under this Contr.ct sh.ll be the property of the County upon completion of this
Contract.
Ansur:"fe and Hold Har:ll':t. Aq~ Contractor agrees to IIIlnUln .uch Insurance.. will fUlly prottct both Contractor and
ounty rom any or at c a ma ~y workmen'S corrpensetlon Ict or ~loyer'. liability laws, and from any and III clal_ of
whatsoever kind or nature for the demeo. to property or for ~r.onal Injury, Including d.ath, Nlde by anyone whomsoever which
may .rl.. from operations carr fed on lId,r this Agreement, either by Contractor, any subcontractor or bv anyone directly or
Indirectly _.ged or _loyed by either of them. Contrsctor .h.ll exoner.t., Indennlfy .nd hold h.""l..s County from end
.g.lnst, .nd sh.ll assume full responsibility for payment of, .ll feder.l, st.t. .nd loc.l tsxes or contributions I~ad or
requlrec:f U"Ider ~loyment Insurance, loclal security and Income tax 18.,./ wfth respect to Contractor and Contractor'. .lO)'Hs
.ng.ged In parformance of this Agreement. CountY,.nd It. .gents ana _loyses sh.ll not be, or be h.ld lI.bl. for .ny
llabllltl.s, penaltl.., or forf.ltur.s/ or for any demeo. to the goods, propertle. or .ff.ct. Ot Contractor, or of .ny oth.r
parsons wh.tsoever, nor for parsonal In ury to or death of them, Wh.thar c.used by or r.sul tlng from .ny negllg.nt .ct or anl..lon
of Contractor. Th. prOVisions of this paragraph do not rellev. the County of County's liability for d....g.. to Contractor....ed
by negUgM\t acta or omte.tona. Contractor further alilr... to Indetrnffy and hold harml... COWlty and COYnty" qentl .nd
etrployees, against and from any and III of the foregoing II.bUft'e., and any and all COlt. or expenses Incurred by CCM.r\ty on
account of any claim therefore. Contractor egrees to ISSume the foregoing obligations and liabilities, by which Contractor .h.tt
Indennlfy end hold CCM\ty harml.ss from all claims .rlslng by reason of the work done or by reason of any let or omllllon of
Contractor.
5.
6.
7.
8.
9.
"l"S
""""".~
.z......
~,,~,-...~..._...~"
10.
l.~=~raetor. It fa Igreed that County fa Inter..ted only in the ruulte obutned and thlt Contractor shall perform
II In e t contractor with lole control of the menner and ...n. of perfonmfng the aerYfc.. required under this Agreement.
Contrector .hell CCiq)lltl thl, Agreement according to Contractor'. own ....na and ..thod. of work which .hlll be In the .xclual....
charOI and control of Contrector and shall not be lubJect to control or lupervfafon by County Ixcept I. to the rl.ultl of the
work. Contractor fl, for III purpose. .rfling out of thl, agreement, In fndepe~lt contractor and neither Contractor nor
Contrlctor'l ~loyeel Ihlll be deamed In ~loyee of County. It II Ixprellly underltood Ind Igreed that Contrlctor and
Contrlctor'l ~loy"" Ihlll In no event be entitled to Iny benefltl to wlllch County _loye.. Ire entitled Inclucllng, but not
limIted to, overtime, any retfrement benefltl, workmen'. campen..tlon benefltl, and Injury l..YI or other l.I...1 benefit..
E~l ~rttrlftJ. Contrector will not dfacrfmfnate agafnst any lIft1)lo~e, or agalnat any appUcant for .ue:h """loyment beCIU..
o ao., race, co or, relfgfon, physfcal handfcap, ancestry, sex or natIonal orlaln. Thl. provlalon ,hall Include, but not be
limited to, the following: employment, upgrading, demotion, or tranafer; recruitment or recruftment 8dverttalng; layoff or
termination; rates of payor other forms of compenaatlon; and selection for training, Including apprenticeship.
AffinnBt/ye~ Contractor, Contractor's subcontractora and luppliera, If any, Ihall comply wfth the AfflrmetlYl ActIon
Progrlm or andorilll let forth In Artlcll Illk (commencing It t 84) of thl Sin Olago County Admlnlltrltlvl Codl, which Program
Is Incorporated h.r.ln by reference, unless the Contractor, Contractor' I lubcontractor. Dr luppltar. ar. .xempted from .ald
Program. The Afflrmatlvl Action Program for Vendorl II lit forth In Artlcll Illk of thl Sin Oilgo County Admlnlltrltlvl Coda
and the rule. .nd regulations Implementing said Program as .et forth In Board of Supervllor. ..aolutlon No. 123, dated January
25, 1977 Ind Exhibit A thereto Ire on file In thl Office of the Clerk of the BOlrd of Supervllorl of the County of Sin Oligo,
County Admlnl,tratlon Center, San Diego, California 92101. Copies of luch provlalon of the San Diego County Admlnlatratlve Code
wtll be furnllhed upon roquelt.
~ It la expres.lyunderatood and agreed that Contractor ahall .ngage or require the a.rvlces of no other
person or flnm~-by contractor or otherwise, ,to provide or asalat In providing luch aervlcea without the expr.aa written ConIlnt
of county! provided, however, that this provision ahall not apply to I.cretlrbl, cl.rlcal, routine mechanical and .llIflar
Incident. services needed by Contractor to assist In the perfonmance of thla Agreement. Contractor Ihall not hlr. countr'"
enployees to perform any portion of the worle: or service. provided for herein Including leeretlrial, clerical and aiml ar
Incldentll Ilrvlcll IXCept upon the written Ipprovll of County.
Governlno Law. Thll Igreement Ihlll be construed Ind Interpreted Iccordlng to the llWI of the Stlte of CIllfornll.
Contractor'. Emclovees ~ Eauiament. Contractor agrees that Contractor has lecured or will lecure at Contractor'. own eXpenle
all perlonl emp oyeel a equipment required to perfonm the aervlcel required under thil Agreement and th.t .11 luch I.rvlcel
will ba parJormad by Contrlctor, or undlr Contrlctor'l lupervlllon, by parlona luthorlzed by llw to parform luch IlrvI.II. If
Iny 1..lng_nt II madl whlrlby ~loyeel of County Irl Uled by Contrlctor Ind Irl lub)act to Contrlctor'l lupervlllon Ind
control, they Ihlllj while englge In luch work ba conlldered for III purpolel, II ~loyeelj Ilrvlntl, or Igentl of thl Contrlctor
and not of County, rr.spective of party paying them. Contractor shall exonerat., Indemn fy, and hold harml.I' County fromlnd
agatnst any and all lOSI, damege or expense, by reason of any act of omllslon of any employee, lervant or agent of Contractor,
Including thOll, If Iny, orlglnllly _loyed by County Ind utilized by Contrlctor, Ind Contrlctor Igrlel to defend, It
Contractor'a own expense, any suit or suits that may be brought agatnst County by r.aaon of any luch act or omfsslon. County
shill not be relpon.lble nor be held lllble for Iny damage to perlon or property conloquent upon the ule, mlluse, or flllurl of
Iny equipment used by Contrlctor or Iny of Contrlctor'l employeel, Iven though luch equipment be furnllhed, rlnted, or loaned
to Contractor by County. The acceptance or use of any luch equipment by Contractor'. employe., .hall be construed to mean that
Contractor accept a full responsibility for and agrees to exonerate, Indemnify and laVI hanml.11 County from and agalnat any and
all claims for any damege whatsoever resulting from the use, misuse, or failure of such equipment, whether such darnege be to the
employee or property of Contractor, other contractors, County, or of other persons. Equipment includes, but Is not limited to,
materials, tooll or other things.
C~J"te A.r~t. It II exprellly understood Ind Igreed thlt thll Agrlement constltutel the Intlre Igreement batween Contrlctor
a ountya n no event shall contractor be entitled to any compensation, benefits, relmburlements or ancillary lervlces other
than as herein expressly provided.
11.
'2.
13.
14.
15.
16.
l~(p
COUNCIL AGENDA STATEMENT
ITEM TITLE:
11.7t1.1
Resolution authorizing and supporting the submittal
of a grant appl ication to the Federal Emergency
Management Agency for matching funds for the
purchase of alert/warning paging equipment.
Fire Chief j,~ C
City ManagerJ~ \:>a~it5ths Vote: Yes
Item
Meeting Date 08/11/92
~
SUBMITTED BY:
REVIEWED BY:
No X-.)
BACKGROUND:
The Fire Department (Disaster Services) recommends that the City
submit a grant application to the Federal Emergency Management
Agency requesting matching funds in the amount of $1,250 for the
development of local disaster communications and alert/warning
systems. These funds would be used to purchase radio receivers for
key City administrative and operational staff offices for disaster
alert notifications. This system would benefit Chula vista's
Disaster Preparedness Program by improving the system used to alert
command staff during working hours.
RECOMMENDATION: That the City Counci I approve the Resol ution
authorizing and supporting the grant application.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Funds were allocated at the end of FY 92 to purchase greatly needed
items for the City's Emergency Command Center (ECC). Part of this
allocation was used to obtain and license equipment for the first
phase of an alert/warning system. phase one included the purchase
of a low band radio base station, a tone encoder system, and the
cost of FCC radio licensing.
The second phase of this program would be to purchase the
pager/quick call alert receivers for disaster alert notification.
These alert receivers or pagers would be placed in the offices of
key administrative and operational staff for notification during
working hours. It currently takes Police Dispatchers approximately
15 or 20 minutes to make the five phone calls required to activate
the callback list. With the paging system, the same process would
take less than three minutes.
<t - \
Page 2, Item '1
Meeting date 08/11/92
This is a unique system utilizing a low band (35.68 MHz) special
emergency services frequency which wi 11 be used for disaster
service paging only.
The Federal Emergency Management Agency (FEMA) has established a
matching fund grant program for the development of local disaster
communications and alert/warning systems. We would like to apply
for this grant to fund the second phase of our alert/warning system
program.
The matching funds supplied by the City would be the money already
spent on the first phase of the program.
This form of warning network will greatly enhance the notification
of key City Personnel during the weekday work hours.
FISCAL IMPACT: Cost avoidance to the City of $1,250.
1l?;<L
RESOLUTION NO.
Ibll.fl
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING AND SUPPORTING THE SUBMITTAL OF A GRANT
APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY
FOR A MATCHING FUNDS GRANT FOR THE PURCHASE OF
ALERT/WARNING PAGING EQUIPMENT, SUPPORTING THE CITY'S
DISASTER PREPAREDNESS PROGRAM.
The city council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, the Federal Emergency Management Agency has
grant monies available to city disaster programs to purchase
communications warning equipment, and
WHEREAS, the Fire Department recommends that the City
submit a grant application for $1,250 to purchase needed radio
equipment for this City'S Disaster Alert/Warning System, and
WHEREAS, said radio equipment would be used for the
benefit of the entire south Bay Area of San Diego County during
times of disaster or major emergency.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby authorize the submittal of a
grant application in the amount of $1,250 to the Federal Emergency
Management Agency.
BE IT FURTHER RESOLVED, that the City Manager of the City
of Chula vista is authorized to sign the Application for Federal
Assistance (Standard Form 424).
Presented by:
Approved as to form by:
~ ~ ddv(
Sam G. Lopez
Fire Chief
Ruth M. Fritsch, Assistant
city Attorney
F:home\aUomey\FBMAamt
<t:. -.3/ ~...1
. 9F' ..ICA TION FOR I. DATI 'u...rmo Applc..nl !dent,''''
FEDERAL ASSISTANCE AU2ust 21, 1992
.1. I'tPf 0# IU.....- - J. DA TlltlCElVEO IY IT Ii TI St.l. A,po/ICIIO'l lanl.'",
AppliC.tlOn I'rNDpJic.fiOfl
0 CorY,ttUClO'\ o ConIlrUC11On
4. DATE RECIIVI.O IV 'EDEUL, AOENCY Feeser,lldenllh"
fi Non-GonJ'rUChOn C: ..",..construc:lion
t. ~ tH'04'....1')()fit
~""..... Qfo.nll'I~1 UM
Citv of Chula Vista Disaster Services
J.~'"J (gl..,. City. COl,PIty, ,t.,.. and ZIp COde) Nlime and 111.phone number ot the ,*101\ to be conlKled on maUer, inYO/'t1ng
Disaster Services thl. .pph~l)Qn (Q'.....,... C0(I8)
447 F Street Robert S. Nelson
Chula Vista, CA 91910 Disaster Preparedness Specialist
(619) 476-5338
ii. ."""OVIR lOENTlftCATlOH NUMIER (EINI: 7. mE OF API'\JC4HT: (.nt" appro""". I."., in bo.) EI
GI;J-16 10101016 9 I 0 I A $1'1' H I_nelen, School 0..,
B County I Slll' Controlled institution or Higher lul'NnQ
t T"t'PI 01 Al'PL1lCA1'1ON: @Munic:iPlI J. Prry.t. UnIverSity
0 Townahip K Indilln T,it.
to New D Contlnu.tlOn o Re.._ e. 1n18l'.t.l. L. lndiYldu.1
0 0 F. InterrnunlCIg,e1 ... Profit OJg.nilltion
I Awtaion, enter appropriate Ietlef(l) in boJr(es): G Speci.1 OI'I,~t N O'he, (Sl>ecIfy,
A Increut A....d B Oec;',ue A.ard C lner.... Our'lion
O. o.cr.... O,,'llIon 01.... (._'fyl: .. .......E Of FEDlRAL AGENCY:
Federal Emergency Management Agency
.. CATALOG Of' OEOf_ _ESTlC 8 I 3 01 5 1 1 13 ,.. OISCRIPTlVE TITlE OF APPLlCAHr$ 'ROJECT:
",",STA.NCE NUWUIl:
Matching funds would be used to purchase pagers
TTTl.E: State and Local Warning and quick call receivers for a local alert
rnmmunication Svstems warning system, maintain a state of readiness,
'J. 'QAt AfpICTaD IT 'IIOJICT (',Ii.s. COUt't,,-,. ".",, .re.): and for the continuity of local government,
City of Chul.. Vista, within the County providing direction and control.
of San Diego and the State of California.
.J. ~ED PROJECT: ,.. CONGRESSIONAL DISTRICTS OF
S~'1 0.11 Ending Oltl a Applicanl : b Ploject
6/1/92 9/30/93 44th District 44th District
t\.. unMA TED 'UNOtHQ. 11. 1$ .uPUCAnoN SUI..IECT TO R!VIEW IV STATI EXECUTIVE ORDER 12)72 '.OCESS?
Flder.' . .DD (!) VES THIS PREAPPlICAT1QN,APPlICATlON WAS MADE AVAILABLE TO T>1E
- 1250 STAn exECUTIVE OROER 12372 PROCESS FOR REVIEW ON
-
Ao(:lIqnt . .DD DAn August 21, 1992
1250
$tlt. . .DD 0
.. b NO PROGRAM IS NOT COVEREO BV EO. -l2372
Loc<II . .DD 0
OR PROGRAM HAS NOT BEEN SELECTED B'I STAn FOR REVIEW
0..... . .00
Program Income . .DD '7. " THE ~LJC;4HT OELINOUENT ON AH't FIOEIV.I,. Olin
. .00 o Vo. If .Yes,. .nKh en explanahon. lii]No
TOTAl.
2500
i. TO 1'11'1 lilT 0* fIIY kflt()WLIOOI AND IELlI'. ALL DATA IN THIS ~'LICAnoN.PREAP'LlC.t.noH ARE TRY! AND COA:RECT. neE DOCUMENT HAS IEEN DULV
!JT"H()lIItlZla IV 'fW1' OOYIIltNINQ IODV Of' THE All'PLICAHT AND THE APPLICANT WILL COM'LV WITH THE AnACHEO ASSURANCES IF THE ASSISTANCE IS AWARDED
r ,oped Name or A"'lhOr~td Rep,eMn,ahve b TltI. e T.~rr n"m~
John D. Goss City Manager 61 91-5 1
-
~ AUtholllecl Rept'Mnt'tive - I O.le &gned
.
~~~ .tI. Nell USObJo _:standa,d ~Clfrn4.~. . 'RfV ...e~!
OMI Appro..1 ND. O~J
Authorized lor local Reproducllon
<<6 -5
PreSCribed Oy OMS ""lrCr,jI" 4.10l
OMB Circular No. A-102 musl ~ used (or Ihis pro.ram. ~uid.
&nee on preparin. the appropriate application may ~ obtained
(rom the Stale emerlenc)' manasement office. An environmentAl
impact Itatement may ~ required. Thil pro.ram il eli.ible (or
coveraae under E.O. 12372, "lnter,overnmentAl Review of Feder.
al Prosrams." An applicant should consult Ihe office or official
desianaled u the sinsle point of contact in his or her State for
more information on the process the State requires to ~ followed
in applyinl for lIIistance, if the Seaee has selected the pro.ram for
review.
A"uadoe ProeM..,.: All local applications must be approved by
the State u a joint project application. The State submits Standard
Form 424 and documentation specified b)' OMS Circular No. A-
102 and the Federal Emerlenc)' Mana.ement A.enc)' u pan or
an application ror a Comprehenlive Cooperative Aareement. (A
Comprehenlive Cooperative A,reement il a lin.le instrument for
multiple pro.rams.) Forms are furnished b)' and applicahons are
lubmitted to the appropriate FEMA Re,ional Office. Standard
form application (OMB Circular No. A-102) is submitted to the
Re,;onal Dirte.or.
A_ ~ PoUlical .ubdivlslom 1ft notified o( projec. IppU.
OI'lon .hrou,h .he Stl".
DoMIl_ MUI' be Ipproved by FEMA in the fioell yelr for which
funds are appropriated.
..... or A_.a1/DIaapjlro... TI..: 30 to 60 dlY'.
~ Appeals are lubmitted to the Re,ional Director, by the
Stlte, (or evaluation and submi$Sion 10 the AJIOCiate Director for
Slate and Local Pro,rams &lid Support, by formal leuer, in tripli-
cale, and Ii,ned b)' the authorized State authorit)'. The si,ned
copies of the project application relurned to the State should ac.
compan)' the leller of appeal. Appeals on items alread)' contrlCted
for should reach the Federal Emer,enc)' Manasement A,ency
Re,ional office at least 30 days ~fore the end of the fisc.1 )'ear.
R.....: Federal funds for Ihese projects are appropriated for ex-
penditure on an annual basis.
ASSISTANCE CONSIDERATIONS:
Fona'" UNI M..dit.. Requ're..aa: Maximum of SO percent Feder.
ai, 50 percent State or loc.1 malchin, funds.
LMIdI ud 11.. PUlI.1 or AIIiRuce: Until project is completed or
canceled. All appliCJ,tions carr)' a completion date. Disbunement
is ,eneratly made on an "u required" basis with advances poui.
ble.
POST ASSISTANCE REQUIREMENTS:
........ Financial and performance repo"s must be submitted u re-
quired by OMS Circullr No. A.102.
ANIta; Federal audits will be made in accordance with the basic
policies of FMC 13.2 10 ensure that funds have been applied effi.
cientl)', economically, and effectivel)'. Periodic audits should be
made IS pan or the recipient's s)'stem of financial mana,emene and
intemal conlrol to meet terms and conditions of ,ranll and other
aareemenll.
RtcONI: Financial records, suppo"in, documents, statistical records,
and all other recordl peninent to the ,rant project shall be re-
tained IS reql.lired by OMB Circular No. A-102.
FINANCIAL INFORMATION:
_11....__: '8.o101.().1.999.
~ (Orlnts> FY 86 SO: FY 17 OIt SO: Ind FY 18 OIt
11,2SO,000.
..... ud Anrqe or ,tuac:taI AII!I....: NOI av.il.ble.
PROGRAM ACCOMPLISHMENTS, In noell year 1986, no fund.
were available.
REGULATIONS, GUIDELINES, AND LITERATURE: 44 CFR Pin
301; Civil Preparedness Guides, CPO 1-3. and CPGI.20. Liter.-
ture ma)' be obtained from local or State emer,ency mana,ement
offices.
INFORMATION CONTACTS:
IteIlouI .. Local om..: Set Appendi. IV of the ~lalo, for
FEMA Reaional offices. Interested penons are encour.,ed to
comrnuniclle with their local or State emer,ency m.naaement
Omct.
~-h
H.....uarten Om. Earl T. Tildon. Direction Ind Control Branch.
Emerlenc)' M....ement Systems Support DiviSIon, Stale and
Local Pro,rams md Sl.Ipporl. Federll Emersene)' Mana,emenl
A,ency, Washinpon DC 20472. Tolephono, (2021 646.)094.
RELATED PROGRAMS: 1),$03. Civil 00fen..-5,.,o Ind LocII
Emer.enc)' M...ement Auillance; 83.S04. Olher State and
Local Direction. Control and Warnin,; 83,S13. State and Local
Warni", and Co.ml.lnication S)I1lems.
EXAMPLES OF FUNDED PROJECTS: (I) COOlS of pllnnin, Ind do.
si.nin, and Eoc. includin. architectural and ensineetin, costs:
(2) COlU of co.-n.action necessar)' to develop Ihe EOC facility
and (or equipmClu 10 make Ihe EOC operational; (3) costs or
equippin. . mobile or transportable command cenfer (or civil de.
fenle direction'" control Ute.
CRITEIIIA FOR SEU!C.7lNG PROPOSALS: Each projoc, i. .pprov.
.ble on its own _ritl based on criteria sel fonh in CPO 1.3, in-
formation and priorities in State EOC Program Developmenl
Plans, and FEMA re,ional and national priorities established in reo
lation 10 all hazards vuJerability anal)'ses, includin. anack risk and
to COlt benefill within.
,
83.513 STATE AND LOCAL WARNING AND
COMMUNICATION SYSTEMS
FEDERAL AGENCY, STATE AND LOCAL PROORAMS AND
SUPPORT, FEDERAL EMEROENCY MANAOEMENT
AOENCY
AUTHORIZATION: Federal Civil Defense Act of 1950, IS amended;
$0 U.S.C. App. Witt soq.
OBJECJ1VES: To mai.ntain the civil defense re.dines.s of Stale and
local ,overnmenll b)' fumishin. matchin, funds for the purchase
of equipment ADd supponinl materials for State and local direc-
tion and controL alertina and warnin. systems and 10 up,rade
State and local emet,enc)' communciations networks.
TYPES OF ASSISTANCE: Project Orin...
USES AND USE IIESTRIcrIONS: Thi. provides (or mltchin, fund.
technical usistaDCe to St.te and local ,overnmenu ror uPlradin,
statewide emerp:DCy communic.tions and wamina syslems.
ELIGIBILITY REQUIREMENTS:
""u_. EUpblUtr. Stl.. (includ.. U.S. TerritoriOl) or locII 'ov.
ernmenll. such. Cil)', count)', township. There must be a civil
deferue or.anizadon established punuant co taw; an approved
emer,ency operation. plan; and a Federal Emer,enc)' Mana,e.
ment Aleney approved pro,ram paper.
....nciarJ E1lpbllltJ: Sla.. (includOl U.S. TerritoriOl) or locII ,ov.
emments, such. city, count)' or township.
C:rMn~tadoII: The requirements must ~ documented.
Project applic:anu mUSI certify thar matchin. funds are or will be
available ~fore disbursement. COSII will be determined in accord-
ance with OMS Circular No, A.87 for State and local ,ovem-
ments.
APPLICATION AND AWARD PROCESS:
Prea"ucadoe CooNIudoa: The standard application forms IS fur.
nished b)' the Federal a,ency and required b)' OMB Circular No.
A.102 mUll ~ used for this pro,r.m. Ouidance on preparina the
application may be obtained from the State Emer,enc)' Mana,e.
menl office. This pro,ram is eliaible for coverale under E.O.
12372. ".nceraovernment Review of Federal Prosrams." An appli-
cant should consult the office or official desi,n.ted as the sin.le
point of contaCt in his or her Stale for more informalion on the
pl'OCCll Ihe Stale requires to be followed in .pplyin, for wist.
ance, if the St.te hu selecled the proaram ror review.
ApplieadM ProeelIue: The State submits St.nd.rd Form 424 .nd
documentation specined b)' OM8 Circular No. A.t02 and the
Federal Emer.enc)' Mana,emenl A,ency u pari or an application
for a Comprehensive Cooperalive A,reemenl. (A Comprehen,iv~
Cooperltive A,reement is a linale instrument for multiple pro-
.rams.) Forms are furnished by and applications are $ubmiued 10
the appropriale FEMA Re.ional Office.
Awanl Proeerlture: NOI .pplicable.
,
e
871
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Irt
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I;
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f:
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,
Doodll_: MUll be approved by FEMA in Ih. n",al y.ar for which
funds are appropriated.
Rlnp o( Appro,al/DiupprO"11 Time: 30 10 60 days.
Appeals: Appcali are submitted 10 the Reaiana' Director. for evalul-
tion and subminion to the Assocille Director, State and local
Pro.rams and Support, by (ormal leiter, in triplicate. and sianed
by the authorized Stile or local authority. The sianed copies of
che project application returned to the applicant should accompa.
ny the Jetter of appeal. Appeals on item. already contracted for
should reach the Federal Emerscnc:y Man'acmene Alency Re-
Jiona' Ornce II leul 30 dlYs before the end of the fiscal year.
ReMw,": Feder.1 funds for these projects are appropriated on In
annual (liscal year) basis,
ASSISTANCE CONSIDERATIONS:
Foraull IUd Matdlta. Req..,.....lI: SO percent Federal, SO percenl
St.ale or local ,overnmenl matchin, fundi.
Lenita. ud Time P....ln. of AAlItanee: Unlil project il completed or
cancelled. All applications mull carry I completion date. Dis.
bursemenl is made by Leuer of Credit to the St.atet.
POST ASSISTANCE REQUIREMENTS:
Reporta: Financial and performance reports must be submitted IS reo
quir.d by OMB Circular No, A,102,
Audlll: Federal audits will be made in accordance with the basic
policies of FMC 73.2 to ensure that funds have been applied effi.
ciently, economically, and effectively. Periodic audits should be
made IS part of the recipient's Iyscem of nnancial mana,ement and
internal conlrol 10 merit the conditions of arants and other aaree.
ments.
Recorda: Financial records support in, documented statistical records
and all other recordl peninent to the arant project shall be reo
tained IS required by OMB Circular No. A.I02.
FINANCIAL INFORMATION:
AcccMI.tl....dllead..' ".0101-0-1.999.
Obllptlona: (Oranll) FY 16 SO: FY 11 ..I SO: and FY II ...
$2",000,
Ran.. .... A...... of Fl_ AaIIataKe: No. applicabl..
PROGRAM ACCOMPLISHMENTS: In n",al y.ar 1916, no rund.
were available. .
REGULATIONS, GUIDELINES, AND LlTERATlJRE: 44 CFR 301;
Civil Preparedness Quide. CPO l.J.. literature may be obtained
from State emer,ency mana,ement offices.
INFORMATION CONTACTS:
ROIIoool or Local Olllca, See Calalo, Appendi. IV for FEMA R..
aional Offices. Interested penons are encouraaed to communicate
with their S1IIe emeraency manaaemenl offices.
H..dqu.arttn omee: Joseph H. MUM. Communications Manaae.
ment Officer. Federal Emera.ncy Manlaement A,enc)', Wuhin,.
'on, DC 204n T.I.phon.: (202) 646-3013.
RELATED PROGRAMS: Il.SOl, Civil Def....-Stal. and Local
Emer,ency Manl,ement Allil1&ncej 83.~, Other State and
Local Direction, Control and Wamin,; 83.512. State and Local
Emer,ene)' Oper"in, Cenlen.
EXAMPLES OF FUNDED PROoIECTS: No. applicable.
CRITERIA FOR SELECTING PROPOSALS: Each prOJect applica,
tion is selected on its own merit u it rel.tes to the enhancement of
emeraene)' communications and/or wlrnin. at the State and local
levels.
83.514 POPULATION PROTECTION PLANNING
FEDERAL AGENCY: STATE AND LOCAL PROORAMS AND
SUPPORT, FEDERAL EMEROENCY MANAOEMENT
AOENCY
AUTHORIZATION: Federal Civil Defense Act o( 19~, u amended;
SO U.S,C. App. 2251 .. seq.
OBJECTIVES: To usill States and locahtin to develop Mulli. haurd
emer,eney operalions plan, (EOP's) that detaillhe plannin, provi.
sions that are neceuary to ensure Ihe proteclion of people (rom
the effed1l of nuclear aHack and other idenlified hazards. Thne
E.O.P.'s provide lhe basis for commonly needed (unclional capa.
bililies; E.Q, evacuatin,. shelter. wlrnin, direcllon and conlrol.
"171
:<l-1
emer,ency suppon Ie1'Wcn. emer,ency public information and reo
source mana,emenl in tiSll1en clused by andy hazard.
1YPES OF ASSISTANCE: PrOjecl Oranls (Cooperative Aareements),
USES AND USE RESTRIC\'IONS: Provid.. 100 perc.n. fund in, ror
salar)', benefits. travel ad indirect COlU for Populalion Proteclion
planners and clerical .-iSlanll. level of fundin. " conlin,cnl
upon the qualilY and ca-ttity of plSl performance.
ELIGIBILITY REQUIRENENTS:
Applicant EUllblUty: Stllel"{inctudin, U.S. terriloria) are eliaible 10
particip'le.
BeD.nctary EUllblllt)': s.e (includina U.S. Terrilories).
Crtdentiala/Doe....tat_ COlt will be determined In accordance
wilh OMB Circular A-6' for Slale and loc.l ,overnmenls. Admin.
istrative procedures ....1 (ollow the luidance conl.ined in OMB
Circular A.l02.
APPLICATION AND AWAIU) PROCESS:
Preappliclltlon CoordJutlla: The standard applic'lion forms IS fur.
nished by the FederlllllCncy and required by OMS Circular No,
A.102 must be used for Ihis pro,ram. This pproar.m is eliaible for
cove rase under E.O. 11172. .olnteraovernmenlll Review of Feder.
al Prosrams." An appic:ant should conlull the office or official
dnisnated as che lin<' point .of contaCt in hil or her St.te (or
more information on _ procesl the Stlte requires 10 be followed
in .pplyin, for usistIKe. i( the Stale hu selected Ihe pro,ram for
review,
AppUcadOll Procedure: 'De .$lite submit. Slandard form "2" .nd
documentation specir_ by OMB Circular No. A.102 and Ihe
Federal Emerlency ....semenl Aaency as pan of an applicalion
for I Comprehensive Cooperative Alreemenl. (A Comprehensive
Cooperative Agreem_ is . lingle instrument for multiple pro-
grams.) Formi are fulWilhcd by and applications are submined to
the appropriate FEMA I.elional Office.
Award ProcelIu,.: FEMA. Reaional Office will nOlify the Slit..
DeadlI..: Comprehensiye Cooperative A,rerment run on I riscal
year basil' Oclober I daru September 30. Application should be
received in time 10 allow award by Oclober I.
Ran.. .f Appro..I/~.ol TI..., Appro.imat.ly 30 day. aft.r
receipt of application.
Appeals: FEMA Re,ioul Director and Associate Direclor for Sllte
Ind Local Progrlms &lid Suppon.
Renewal.: Renewals are e.ed upon new application each nseal year.
Amounts are based up:. pul performance and Ihe projected plan
of operllion.
ASSISTANCE CONSIDERATIONS:
F.....I. .... M.lekl., ....1_10' ProYid.. 100 perc.n. Fed.ral
fundinl'
Leoatb 104 TIN P1w1.. at Aialataneo: Aui..anc_ i. for th. Fed.ral
riscal year O<:lober I . September 30.
POST ASSISTANCE REQUIREMENTS:
Reports: Repons are recpired in accordance with Ihe provisions of
OMS Circular A-102.
Audia: In accordance with lhe provision, o( OMB Circular No. A.
128. "A udils of SlIle and local GovernmenlS. to Scale and local
SO\lernments Ihll receive rinancialassistance of SIOO,OClQ or more
within the SI.le's fiscal year shall have an audit made (or thai
ye.r, Slate and local lovemments that receive between 525.000
and SI00,ooo within lhe sute's riseal )'ear shall have an audil made
in accordance with Ci"ular No. A.128, or in accordance wilh
Federal laws and re.ulalions lovernin, the pro,rams in which
Ihe)' parlicipate.
ReconIa: Financial records. suPportinl documents, lIalillieal records.
and other records peninenl 10 lhe ar.nt pro,ram. includina time
.nd Iflendance. inventory, and procurement records musl be kept
for 3 yea" followinS submission of the annual upenditure repon
Records for nonexpenclable property acquired wilh the assislance
of Federal (unds shall be relained (or J )'ea" fol1owina its disposi-
lion.
nNANCIAL INFORMATION:
Acc..ntl....tlnc.tl..: lI.oIOI-O-I.999,
Obllp_ (Oranll) FY 16 $1,029,000; FY 17 es. $7,975,000; and
FY II .., $7,975,000,
COUNCIL AGENDA STATEMENT
Item ,X,
. Meeting Date ~2 ~B/t;'
ITEM TITLE: Resolution rl.."C;O Appropriating funds, accepting bids and
awarding contract for "Cross Gutter Removal and Installation
of Storm Drain Facilities at Hilltop Drive and Naples Street
in the City of Chula Vista, CAR
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager J~ ~~~l (4/5ths Vote: Yes..,LNo_>
At 2:00 p.m. on July 29, 1992, in Conference Room 3 in the Public Services
Building, the Director of Public Works received sealed bids for .Cross Gutter
Removal and Installation of Storm Drain Facilities at Hilltop Drive and Naples
Street in the City of Chula Vista, CAu. Work includes traffic control,
removal and disposal of existing improvements, relocation of existing
facilities, excavation and compaction, asphalt concrete pavement, curb and
gutter, sidewal k pedestrian ramp, driveways, adjustment of manhol e and gate
valves, various drainage inlets and structures, shoring, reinforced concrete
pipe, a street survey monument, construction surveying, protection and
restoration of existing improvements, and other miscellaneous work.
.1.
1.
2.
.3.
4.
5.
6.
RECOMMENDATION: That Council:
Appropriate $59,200.00 from the unappropriated balance of Gas Tax Fund to
Hilltop and Naples Cross Gutter Removal - CIP ST-144B.
Accept bids and award contract to Overson-Rand Corporation in the amount
of $89,553.54.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
2.
The Hilltop Drive and E. Naples Street Cross Gutter Reconstruction was
authorized for funding in FY 1988-89 with additional funding approved in FY
1990-91. The purpose of this project was to remove the excessively deep cross
gutters at Hilltop Drive and Naples Street which is a signalized intersection
and install a drainage system to remove the water from this intersection.
Thi s construction wi 11 improve traffi c safety through the intersection by
el iminating the need for drivers to brake prior to the cross gutter which
increases the potential for rear-end coll i sions. Presently, many cars are
scraping their bumpers on the existing pavement.
Bids for construction of this project were received from six contractors as
follows:
Overson-Rand Corp. - Lakeside
Caves, Inc. - San Diego
Granite Construction Company - San Diego
State Construction Co. - San Diego
RTB, Inc. - Lakeside
Southland Paving, Inc. - San Diego
$ 89,553.54
90,395.00
109,904.00
116,010.00
123,302.19
131,297.20
~9"1
The low bid by Overson-Rand Corporation is above the engi neer' s estimate of
$84,891 by $4,662.54 or 5.5 percent. It is staff's recommendation that the
contract be awarded to Overson-Rand Corporation.
Page 2, Item K' )<1 ;T J
Meeting Date ~2 ~/~.1
~
Attached is a copy of the Contractor's Disclosure Statement.
FINANCIAL STATEMENT:
Funds Reouired for Construction
1. Contract Amount
2. Contingencies (approx. 10%)
3. Relocation of Water Facilities
4. Staff Cost (already encumbered & spent)
5. Additional Staff Cost
Total Funds Required to Construct Project
Funds Available for Construction
1. Budgeted Amount (includes construction cost,
contingencies & staff expenses) as amended
in the 1990-91 budget for the Hilltop &
Naples Cross Gutter Removal Project
2. Transfer for funds from Unappropriated
Balance of Gas Tax Funds to Hilltop &
Naples Cross Gutter Removal CIP ST144B
Total Funds Available for Construction
$ 89,553.54
8,674.44
7,574.50
31,197.52
14.000.00
$151,000.00
$ 91,800.00
59.200.00
"""'\
$151,000.00
FISCAL IMPACT: Additional funds are being requested for this project to
cover increased construction and staff costs. The final design includes the
overlaying of Hilltop Drive from Naples Street to approximately 360 feet
north. The end of the overlay of this project joins with the City's overlay
project for FY 1991-92. The scope of the original project did not anticipate
the large amount of pavement work required within the intersection to
eliminate the cross gutter and to change the drainage patterns. The original
budget anticipated a construction cost of $60,700 including $5,000 for
pavement work. The final bid of $89,500 includes $32,200 for pavement work.
The original budget amount estimated staff cost about $19,100. The final
project cost estimates staff cost to be $35,200. The bids received were very
close to the engineer's estimate for construction.
After construction is completed, only routine maintenance will be required.
SLH:AX-1l3
WPC 6108E
'1
~ 9-;2
Mf.MQBAfiIlYM
.
July 30, 1992
File: AX-H3
TO:
John Goss, City Manager
Bruce Boogaard, City Attorney
Lyman Christopher, Director of Finance
Beverly Authelet, City Clerk
Roberto Saucedo, Senior Civil Engineer
FROM:
SUBJECT:
John Lippitt, Director of Public Works
Resolution - Appropriating funds, accepting bids and awarding
contract for "Cross Gutter Removal and Installation of Storm Drain
Facilities at Hilltop Drive and Naples Street in the City of Chula
Vista, CA"
Funds Reouired for Construction
.1.
2.
3.
4.
5.
Contract Amount
Contingencies (approx. 10%)
Relocation of Water Facilities
Staff Cost (already encumbered & spent)
Additional Staff Cost
$ 89,553.54
8,674.44
7,574.50
31,197.52
14.000.00
$151,000.00
Total Funds Required to Construct Project
Funds Available for Construction
1. Budgeted Amount (includes construction cost,
contingencies & staff expenses) as amended
in the 1990-91 budget for the Hilltop &
Naples Cross Gutter Removal Project
Accounts 250-2501-STI44 & ST1448
$ 91,800.00
2. Transfer for funds from Unappropriated
Balance of Gas Tax Funds to Hilltop &
Naples Cross Gutter Removal CIP 5T1448
Total Funds Available for Construction
59.200.00
$151,000.00
WPC 6109E
.
~ '-1
THE CTn' OF CHUU nSTA P..4R1l'DlSCLOSIl/Ut SlAJJ:.MJ:.l'U
""
~ment of disclosure of certain ownership interests, payments, or campaign contributions, on all matters
ch will require discretionary action on the part of the City Council, Planning Commission and all other
,cial bodies. The followirg information must be disclosed:
having a financial interest in
i.e., contractor,
If any person identified purs nt to (1) above is a corporation or rtnership, list the names of all
individuals owning more than 0% of the shares in the corpor tion or owning any partnership
intere t in the partnership.
fit organization or a trust, list the names
ganization or as trustee or beneficiary or
1"\
If any person identified pursuant to (1) ab e is non-
of any person serving as director of the no
1rustor of the trust.
-
Have you had more than $250 worth of b mess transa ed with any member of the City staff,
Boards, Commissions, Committees and C ncil within the ast twelve months? Yes
No X If yes, please indicate person(s
5.
Have you and/or your oWc s or agents, in the aggregate, contributed m.o
Councilmember in the curr t or preceding election period? Yes _ No X.
Councilmember(s):
ncluding any agents, empl es, consultants or independent
represent you before the Cit 'n this matter.
'.
Please identify each and every person
cont actors who you h \'e assigned
. '
than $1.000 to a
es, stUIe: ",hidl
~ is defined as: "An,I' indil'idllal,fi nI, ro.partn~rsllip. joi/ll .'Cnlllre, association. social r/uh, fralernal organization, r
r./ilIe', m/S/, rertil'v, S)."dicate, Ihis an an)' OIlier roulI/)'. ri/)' and rounll)'. ri/)', municipali/); distrirl or olher polilical Sll
or any olher grOllp or combination aC/ing as a IIlIil,"
(:'\OTE: A1t3rh addilion3\ p:lges as nrrcss~I'Y)
Dale::
7-,r7-9~
&~/tf!;,A","~
Signature of contractor/applicant
! \':, ',\ D1SClOSr.n:1l
(la/i/e"/- ~Jler'~r"I
Print or type name of contractor/applicant
IRt"\l...nl II ''''MI)
'"'"
-
~ '.'/
r
e
.
.
RESOLUTION NO. 161$0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS, ACCEPTING
BIDS AND AWARDING CONTRACT FOR "CROSS GUTTER
REMOVAL AND INSTALLATION OF STORM DRAIN
FACILITIES AT HILLTOP DRIVE AND NAPLES STREET
IN THE CITY OF CHULA VISTA, CA"
WHEREAS, at 2:00 p.m. on July 29, 1992, in Conference
Room 3 in the Public Services Building, the Director of Public
Works received the following six sealed bids for "Cross Gutter
Removal and Installation of Storm Drain Facilities at Hilltop Drive
and Naples Street in the City of Chula Vista, Ca.":
Overson-Rand Corp. - Lakeside
Caves, Inc. - San Diego
Granite Construction company - San Diego
State Construction Co. - San Diego
RTB, Inc. - Lakeside
Southland Paving, Inc. - San Diego
$89,553.54
90,395.00
109,904.00
116,010.00
123,302.19
131,297.20
WHEREAS, it is recommended by staff that the contract be
awarded to the low bidder, Overson-Rand Corporation, who has
assured the City that they are a licensed contractor who can
produce an acceptable performance bond; and
WHEREAS, additional funds are requested for this project
to cover increased construction and staff costs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista has reviewed the specifications for the
construction of cross gutter removal and installation of storm
drain facilities and does hereby approve same.
BE IT FURTHER RESOLVED that the City Council of the city
of Chula Vista does hereby accept said six bids and award the
contract for Hilltop Drive and Naples Street cross gutter removal
and installation of storm drain facilities to Overson-Rand in the
amount of $89,553.54.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
contract for and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the sum of $59,200.00 is
hereby appropriated from the unappropriated fund balance of Gas Tax
Fund to Hilltop and Naples Cross Gutter Removal - CIP ST-144B.
Presented by
John P. Lippitt, Director of ,
Public Works
p:_-..,.-
.JJ~
9...>'
~
.,
THIS PAGE BLANK
........
"""'"
~ ""
COUNCIL AGENDA STATEMENT
Item
Meeting Date 8/11/92
~
ITEM TITLE:
~"1~r(
Resolution adopting the County of San Diego Fire
Mutual Aid Agreement
SUBMITTED BY:
Fire
Chief ~:r
, ~I
Manager~ ~ '4: (4/5ths
Vote:
Yes_No ~)
REVIEWED BY:
City
BACKGROUND:
Since the Fire Mutual Aid Agreement was last updated during the
early 1980s, many new fire agencies have been established or
changed within San Diego County. In order to assure a current and
legal agreement as required by the State of California Disaster
Act, it is necessary to have each agency's governing body adopt the
Agreement by resolution.
The Fire Mutual Aid Agreement provides for the coordination and
availability of fire protection resources and facilities within the
County of San Diego to prevent and combat the effect of fire or
other emergency which may result from a disaster, Parties entering
this Agreement will voluntarily aid one another by the interchange
of fire protection and rescue services and facilities to cope with
the problems which may arise in the event of disaster.
RECOMMENDATION: That the City Council approve the attached
Resolution adopting the county-wide Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The first county-wide Fire Mutual Aid Agreement signed by the City
of Chula Vista dates back to the 1950s and was updated during the
late 1960s, and the early 1970s and 1980s.
The purpose of this Agreement is for all parties to establish a
system of Mutual Aid which will be effective during conditions of
local peril, local emergency or local disaster.
Each party agrees to furnish fire protection personnel, resources
and facilities, and to render such fire protection and rescue
services to each party of this Agreement as may be necessary, in
accordance with the San Diego County Fire Mutual Aid Operational
plan - Annex B, to be adopted pursuant to this Agreement. Annex B
details the manner by which such personnel, resources and
'1-\
Page 2, Item '1
Meeting Date 8/11/92
facilities are to be made available and furnished; provided,
however, that no party shall be required to unreasonably deplete
its own fire protection resources in furnishing Mutual Aid.
Each party of this Agreement agrees that no reimbursement to
responding agencies shall be made, except for reimbursement for
firefighting supplies actually used.
The Agreement is intended to supplement, not to replace, state
Mutual Aid or Automatic Aid Agreements now in existence.
In addition to adopting the Agreement, this Resolution shall also
authorize the Fire Chief of the City of Chula vista to sign the
Agreement on the behalf of the City Council, and designates the
Fire Chief to serve as the representative of the City of Chula
Vista on the Fire Advisory Committee and to vote on its behalf.
FISCAL IMPACT: Potential cost includes personnel costs, supplies,
and overtime. However, savings woul d be real i zed by reciprocal
Mutual Aid in the event that Chula Vista suffered a disaster or
major emergency.
q-2.
RESOLUTION NO. 11..1 't ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE SAN DIEGO COUNTY FIRE
MUTUAL AID AGREEMENT
WHEREAS, there exists the possibility of disasters within
San Diego County which could exhaust the Fire Protection Resources,
Rescue Resources and Facilities of the Cities, Fire Protection
Districts, Fire Departments, or other Political Subdivisions in
which such disasters may occur; and
WHEREAS, it is desirable in the event of such a disaster
that the cities, Fire Protection Districts, Fire Departments and
other Political Subdivisions within San Diego County voluntarily
aid and assist one another by the interchange of Fire District
Resources, Rescue Resources and Facilities; and
WHEREAS, the San Diego County Fire Mutual Aid Agreement,
a copy of which has been received and is on file in the office of
the City Clerk, provides a method by which such Mutual Aid can be
rendered.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
city of Chula vista that the Fire Chief is authorized to sign the
Agreement on behalf of the city of Chula vista.
BE IT FURTHER RESOLVED that the Fire Chief is designated
to serve as the representative of the City of Chula vista on the
Fire Advisory Committee responsible for the administration of said
Agreement.
form by
Presented by
Sam Lopez, Fire Chief
F:\homclattomeylmulaloid
q.?,/q...1I-
SAN DIBGO COmITY
PIU MUTUAL AID AGUBMBNT
DIS AGUBMBNT made and entered into by and between the County
of San Diego, the undersigned Cities, Fire Protection Districts,
Public or Private Fire Departments and Political Subdivisions
within the San Diego County;
WITNESSBTH
WHBRBAS, it is necessary that the Fire Protection Resources
and Facilities of the County of San Diego, cities, Fire Protection
Districts, Fire Departments, and other Political Subdivisions
within San Diego County entering into this Agreement be coordinated
and be made available to prevent and combat the effect of fire or
other emergency which may result from a disaster within the limits
of the County of any type of a lesser nature than a disaster
requiring a declaration of a State of Extreme Emergency; and
WHEUAS, it is desirable in the event such a disaster should
occur that each of the parties hereto should voluntarily aid and
assist one another by the interchange of Fire Protection and Rescue
Services and facilities to cope with the problems which may arise
in the event of disaster; and
WHEUAS, it is necessary and desirable that a cooperative
agreement be executed for the interchange of such Mutual Aid on a
local and County-wide basis;
NOlf, DEUFOU, IT IS DUDY AGUBD by and between each and
all of the parties hereto as follows:
1. AUTHORITY: This Agreement is made pursuant to the
California Emergency Services Act, Chapter 7, Division 1 of the
Government Code (commencing with section 1500). It is an exercise
of Mutual Aid powers authorized by Section 9616 thereof, and is
intended to supplement, not to replace, other Mutual Aid or
Automatic Aid Agreements which now exist between various entities
in San Diego county.
q-5
2. SCOPE OF AGRBBMBNT: It is the intent of the parties to
establish a system of Mutual Aid which will be effective during
conditions of local peril, local emergency or local disaster as
those terms are defined in Section 1505 of the California Emergency
Services Act.
3. AID TO BE FURNISKBD: Each party agrees to furnish Fire
Protection Personnel, Resources and Facilities and to render such
Fire Protection and Rescue Services to each and every other party
to this Agreement as may be necessary to prevent and combat any
type of disaster of a lesser nature than a disaster requiring a
Declaration of a State of Extreme Emergency within the limits of
San Diego County, in accordance with an Operational Plan to be
adopted pursuant to this Agreement, (hereinafter referred to as
the San Diego County Fire Mutual Aid Operational Plan - Annex B),
detailing the manner by which such Personnel, Resources and
Facilities are to be made available and furnished: provided
however, that no party shall be required to deplete unreasonably
its own Fire Protection Resources, Personnel, Services and
Facilities in furnishing such Mutual Aid: and provided that the
determination of such party as to the extent to which it can
furnish Mutual Aid without depleting unreasonably its own Fire
Protection Resources, Personnel, Services and Facilities shall be
final and conclusive.
4. CONSIDERATION: The consideration for this Agreement shall
be the promise of each party to assist the others and it is
understood that no party shall be Obligated to payor reimburse any
other party for any aid furnished pursuant hereto, except that
reimbursement shall be made by the party receiving such. aid
pursuant to the Fire Mutual Aid Operational Plan for fire fighting
supplies actually used by the Agencies furnishing assistance
hereunder.
q-~
"
5. CALIPORNIA DISASTER PLAN: It is expressly understood that
any Mutual Aid extended under this Agreement and the Operational
Plan to be adopted is furnished in accordance with the provisions
of the "California Disaster Act" and other applicable provisions
of the law.
Any Fire Official who requests and is furnished Mutual Aid
pursuant to this Agreement and Operational Plan adopted pursuant
thereto shall immediately notify the Area Fire Coordinator for San
Diego County, Region VI, as established by the California Disaster
Plan, of the movements of such personnel and equipment as they are
provided.
C. PARTIES ELIGIBLE TO PARTICIPATE:
A. Parties eligible to participate in the San Diego
County Fire Mutual Aid Agreement shall be any
organized Fire Department within San Diego County.
For purposes of this COtJllTY AID PLAN, the term "Pire
Department" includes Fire Department, Fire Protection
District, Fire Protection Agency, Fire Company, Fire
Brigade, and any Agency lawfully organized to provide
Fire Protection Services.
B. Elimination of a Party: A party may be eliminated from
this Mutual Aid Agreement by a majority vote of the
Fire Advisory Committee upon Notice to the party
effected and hearing thereon, based upon the following
considerations:
1. Whether the level of the party's actual response
to a request for Mutual Aid (number of requests
compared to number of declined requests, number
and quality of personnel arriving at scene, type
and quality of equipment arriving at scene)
demonstrates that the Mutual Aid of such party is
not effective.
2.
Whether
indicate
response
the resources of the party clearly
that the party's potential level of
would not be effective.
7. EXECUTION: This Agreement shall become effective as to
each party when executed by that party, and shall remain operative
and effective as between each and every party that has executed (or
'1-1
hereinafter executes) this Agreement, until terminated as to such
party. The termination by one or more parties of their
participation in this Agreement shall not affect the operation of
this Agreement as between the other parties to this Agreement.
Approval of this Agreement by the state Disaster Council shall not
be a condition o~ this Agreement.
Execution of this Agreement shall be as follows:
A. The Governing Body of the party shall by Resolution
approve this Agreement, which shall be designated as
"The San Diego county Fire Ilutual Aid Agre_ent," and
shall authorize a designated representative to execute
a copy of this Agreement.
B. The authorized representative of the governing body
shall execute a copy of this Agreement and forthwith
file three executed copies, together with a certified
copy of the resolution of the governing body approving
and authorizing the execution thereof with the
Secretary of the Fire Advisory Committee, and the
State Disaster Council.
8. TERMINATION: Termination of the Agreement may be effected
as to any party as follows: the governing body of the party shall
by resolution give notice of termination of participation in this
Agreement and file a certified copy of such resolution with the
Fire Advisory Committee Secretary and with the State Disaster
Council. This Agreement shall be terminated as to such party
twenty days after filing of such resolution.
t. FIRE ADVISORY COKKITTEE:
A. Creation of Committee: There is hereby created a Fire
Advisory Committee. The Fire Advisory Committee shall
be composed of members appointed by the parties to
this Agreement as hereinafter provided, and the Area
Fire Coordinator, who shall serve as Chairperson.
q-~
. .
B. Representative.: Each party to this Aqreement aqrees
to desiqnate a representative to act as its member of
the Fire Advisory Committee. Each representative shall
serve as such at the will and pleasure of the
governing body that appointed them. Such
representative shall cease to be a member at such time
as "this Aqreement is terminated as to the party that
appointed them.
C. Duties: It shall be the duty of the Fire Advisory
Committee to:
1. Adopt an Operational Plan p~rsuant to this
Aqreement.
2. Consider and adopt such amendments to the
Operational Plan as may be necessary or desirable.
D. Ralph K. Brown Act: All meetinqs of the Fire Advisory
Committee shall be called, noticed and conducted with
the provisions of the Ralph M. Brown Act (commencinq
with Section 54950) of the Government Code.
E. Meetinqs: The Fire Advisory Committee shall provide
for its reqular meetinqs provided, however, it shall
hold at least one reqular meetinq each year. In
addition, special meetinqs may be called at the
discretion of the Area Fire Coordinator designated by
this Aqreement, and they shall fix the date, hour and
place for holdinq each meetinq.
F. QUorum: Fifty percent plus one member of the members
of the Fire Advisory Committee present at any reqular
or special meetinq shall constitute a quorum for the
transaction of business.
G. Rule. and Requlations: The Fire Advisory Committee may
adopt from time to time such rules and requlations for
the conduct of its meetinqs and affairs as may be
required.
q ~q
,
10. AREA PIRB COORDINATOR: The Area Fire Coordinator of San
Diego County, Region VI, as established under the California
Disaster Plan, or his or her duly designated alternate shall be the
Coordinator of this Agreement. It shall be the duty of the Area
Fire Coordinator to:
A. Prepare a proposed Operational Plan for submission to
the Fire Advisory Committee.
B. Prepare such proposed amendments to the Operational
Plan for submission to the Fire Advisory Committee as
may from time to time appear necessary or desirable.
C. Call special meetings of the Fire Advisory Committee
as necessary to provide for the adoption of an
Operational Plan or to provide for consideration of
amendments thereto.
D. Chair the San Diego county Fire Chiefs Operations
Committee.
11. SECRETARY: The Area Fire Coordinator shall designate a
Fire Advisory Committee Secretary from among the members of the
Fire Advisory Committee. It shall be the duty of the secretary to:
A. Submit a copy of this Agreement to the State Disaster
Council for approval. The State Disaster Council shall
be requested to notify each entity which is eligible
to participate in this Agreement of its approval.
B. Submit an approved copy of the Agreement to the
Director of the San Diego County Office of Disaster
Preparedness.
C. Act as a depository of resolutions approving this
Agreement, executed copies of this Agreement,
Resolutions of Termination, the Operational Plan, and
such other documents as may be received pursuant to
this Agreement.
q_/D
"
#
12. EFFECTIVB DATE OF AGREEMENT: This aqreement shall take
effect upon its execution by fifty-percent plus one of the eliqible
parties defined herein.
IN WITNESS WHEREOF,
this Aqreement is executed by the
, actinq by and throuqh
, pursuant to Resolution
, authorizinq such execution.
day of , 1992
THE CITY OF CHULA VISTA
Fire Chief
its
No.
City Council
Dated this
Rev. June 1, 1992
BY
TITLE
'\-11
COUNCIL AGENDA STATEMENT
Item ) b
Meeting Date 8/11/92
ITEM TITLE: Resolution 11014-~ approving Encroachment Permit No. PE-260 for
retaining wall at 326 East Moss Street
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager,J~ ~ ~ (4/5 Vote: Yes_No..x.l
The owners of 326 East Moss Street propose to install a retaining wall in the rear yard. To take
advantage of the best location for the wall and to facilitate construction, the footing must
encroach within a City drainage easement. The wall is proposed to be seven feet high at its
maximum. Any encroachment permit for a retaining wall over five feet in height must be
considered by Council.
RECOMMENDATION: That Council adopt the subject resolution, authorize the City Engineer
to issue the permit and direct the City Clerk to record the documents.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
Mr. and Mrs. Jay Shaufele, the owners of the property at 326 East Moss Street have applied for
an encroachment permit to allow the placement of the footing of a retaining wall into a portion
of a City drainage easement. The Shaufeles wish to improve the appearance of their rear yard,
as it now slopes downward toward the rear property line and is overgrown with weeds and
brush. By constructing a seven-foot-high retaining wall, the owners may level their back yard
and the lower area can be better maintained.
Due to the options of configuration of the footing for different types of walls, the footing may
extend from either side of the wall. To make the maximum use of the level pad in the rear
yard, the owners would like to have the wall on the easement line. If the footing was not
allowed into the easement, extensive excavation would be necessary (see Exhibit "B"). Mr.
Shaufele stated that there is no way to gain access to the rear yard with the equipment needed
to do the work. Therefore, by allowing the footing to be constructed in the easement, the
excavation may be done with hand tools. He is willing to reverse the footing at its nearest
proximity to the storm drain clean-out (Case I on Exhibit "B").
/D- I
Page 2, Item I~
Meeting Date 8/11/92
The drainage easement is 12 feet wide and extends from the east property line to approximately
midpoint of the lot (see Exhibit "A"). The footing of the wall will encroach approximately 2'12
feet into the drainage easement. However the footing will not be directly over the 24-inch pipe
in the easement. The pipe is about ten feet below the footing and will not be significantly
impacted by the additional pressure from it.
The permit includes a maintenance and removal clause stating that if the footing within the
easement needs to be removed for access to our storm drain, the owners are financially
responsible for the cost of that removal and for any replacement costs involved.
The encroachment permit is to be filed with the County Recorder and, as such, run with the
land. Subsequent owners of the property should be aware that any maintenance of the wall is
their sole responsibility.
Based upon the facts presented herein, staff recommends that Council adopt the subject
resolution approving the encroachment permit and authorizing the City Engineer to issue the
same.
FISCAL IMPACT: None.
PE-260
JH
//)-2..
tA$MT I./lJe
ADDRESS:
3'26 E. MOSS 51.
CHULA VISTA) CA C! I Cl\ 11
CI.EAtJ OUT
r:OO T II.U:.
f./
PIPf
SECTION VIEW
p~oP.
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fol.-r.-S.
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~ HT. RET. WAl L
_ _ rlDP OF SLOPE I
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1 I
30' !
PROP. Ll~E
CLEAN OUT.
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[g)200m~nlJ n~Q
FILE NO.PE.~60
DATE: '-"Z..'l!>-qZ
326 E. MOSS
EN Cl<OACJ:.IMENT
If) -..3
ST.
PEI2MI1"
OWN BY: l2... H .
~~~~~- fA~IW 10 BE
ex CAVATE:D
I
I
I
I
/' t;/ZouN'O i-IAlE
.": ~" ", :",:~ .'. : ;.::':'
FOOTl/llG
..
02.41".;11:;& EASEMENT
CASE I
~ G120U/110 /.lAtE
10"
rOQrlAlt;
CASE 2
[3E~D rBDLf DD[30G
FILE NO. P.c-2('O
DATE:
3Z~ EAST MOSS ST.
Et-JCrzOACHMENT PEJ2MlT
IIJ-'f
OWN BY:
RESOLUTION NO. II::. 14-<1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING ENCROACHMENT PERMIT NO.
PE-260 FOR RETAINING WALL AT 326 EAST MOSS
STREET
WHEREAS, Mr. & Mrs. Jay Shaufele, the owners of the
property at 326 East Moss Street, have applied for an encroachment
permit to install a retaining wall in the rear years; and
WHEREAS, in order to take advantage of
for the wall and to facilitate construction,
encroach within a city drainage easement; and
the best location
the footing must
WHEREAS, the wall is proposed to be seven feet high at
its maximum and encroachment permit for a retaining wall over five
feet in height must be considered by Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve Encroachment Permit No.
PE-260 for retaining wall at 326 Moss Street and authorize the City
Engineer to issue said permit.
BE IT FURTHER RESOLVED that the city Clerk is hereby
directed to record the encroachment permit with the County Recorder
and, as such, run with the land.
Presented by
(
Ruth
City
as to
John P. Lippitt, Director of
Public Works
p, \home\attomeyIPB- 260
1(;)-.5
THE ern' OF CHULA. nSTA PARTY DISCLOSURE Sl:.41'EMENT
,
,.-ement of disclosure of certain ownership interests, payments, or campaign contributions, on all -ma tters
,ich will require discretionary action on the part of the City Council, Planning Commission, and all other
'icial bodies. The following information must be disclosed:
Ust the names of all persons having a financial interest in the contract, i.e., contractor,
sub;PJ.ltractor, ma~rial supplier.
CLt~~gJ- e~J /~r"f'
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. 0 - . \
C/i1/;""J ~~O" \Wi I"........... 1). ~"e~:!:H:I.
~rr I'JrJd~r'\
MlLih",...J nv~~t'\
'.
If any person identified pursuant to (1) above is non-profit organization or a trust, list the names
oC any person serving as director oC the non-profit organization or as trustee or beneficiary or
trustor of the trust.
5.
Have you had more than $250 worth of business transacted with any member oC the City staff,
Boards, Commissions, Committees and Council within the past twelve months? Yes
No X- If yes, please indicate person(s):
Please identify each and every person, including any agents, employees, consultants or independent
'~~?:'''~ who yoo h91" ,~,;,",d 10 "p,,,"1 yon ""0" Ih, C;IY ;0 Ih;' mott",
~~: t~
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 K If yes, stale: ",hidl
Councilmember(s ):
P,'I'nn is defined as: "AllY indil'idl/al. firm, co.parmrrsllip, jOill1 I'cnlllre, associalion, social ell/h, fralernal orgallization, corporolioll.
,'SIt"!', II'lISI, rceeil'er, S)'lldicale, IIIis and all)' OIlier COI/III)', cil)' alld counll)', cil)'. mUllicipalil)'. dislricl or OIlier polilical sl/hdi,'isicJlI,
OJ" (lilY orller group or combination nct;'lg ns n unit..
(SOTE: A\l3Ch addilion31 pages 35 nCCC5S~IY)
Date::
7-~7-9;l....
(j/Jx/tf::,~-
Signature of contractor/applicant
--
(l a/tIe;.f I) II U"~"Yl
Print or type name: of contractor/applicant
1Ih.\I"'~'~111 ~u "411
1\-;' '.\ DlSCLOSLTIT]
11-'1
r
COUNCIL AGENDA STATEMENT
Item 12-
Meeting Date 8/11/92
ITEM TITLE: Resolution 11..1 '51 Accepting bids, walvlng immaterial
defects and awarding contract for East H Street and Hidden
Vi sta bus turnout in the City of Chul a Vi sta; and awardi ng
contract to the second responsible bidder, Concrete
Contractors Interstate, in the event Erry Construct i on fails
to provide performance and labor bonds within ten working days
after receiving Notice of ~:~~
SUBMITTED BY: Director of Public Works ~~
REVIEWED BY: City Manager~ ~~ (4/5ths Vote: Yes_No..lL)
On Wednesday, July 15, 1992, at 2: 00 p. m., the Di rector of Publ i c Works
received sealed bids for the construction of bus turnout on East H Street in
the City of Chula Vista. The work to be done includes installation of new
curb, gutter and s i dewa 1 k, cast- i n-p 1 ace concrete sl abwork, bus shelter and
bench, traffic control, loop detectors and other miscellaneous work.
RECOMMENDATION: That Council
1. Accept bi ds and award contract to Erry Construct ion in the amount of
$24,926.11.
2. Award contract to the second lowest respons i bl e bidder, Concrete
Contractors Interstate, in the event Erry Construction fail s to provide
the required performance and labor bonds within ten working days after
receiving the Notice of Award.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Bids were received from five contractors as follows:
Contractor
Bid Amount
1. Erry Construction
2. Concrete Contractors Interstate
3. Hammer Construction
4. Caves, Inc.
5. Carolyn Scheidel
*See explanation in text following.
The low bid by Erry Construction is below the engineer's estimate of $38,376
by $13,449.89 or 35 percent. Erry Construction has satisfactorily done work
for the Ci ty in the past. They repaired the stamped boman ite crosswalks on
Third Avenue. However, Erry Construction has had difficulties obtaining
acceptable bonds in the past. Standard contract documents requires the
successful bidder to sign the contract, provide the required insurance
certificates and provide 100 percent Faithful Performance and Material and
Labor bonds within ten (10) working days after the bidder has received notice
$24,926.11
31,909.50
*36,650 (28,886.50)
39,604.00
46,811.00
t;l. -1
Page 2, Item ).2...
Meeting Date 8/11/92
that the contract has been awarded. Recommendation #2 is a contingency action
in the event that the Lowest Responsible Bidder, Erry Construction, does not
provide bonds and all other documents within the required ten day period.
Should the low bidder, Erry Construction, not be able to provide the necessary
bonds, that award should be automatically rescinded, and the contract be
automatically awarded to the next lowest responsible bidder. Based on the bid
documents, the next lowest bid was Concrete Contractors Interstate for
$31,909.50.
Hammer Construction, the apparent second low bidder, made an error in his bid
which could impact our decision. They totaled the individual bid items and
listed the total as $36,650. When staff verified the total, the total came to
$28,886.50. This would place Hammer Construction as the second low bidder,
and if Erry defaults on the contract, the award coul d 1 ogi ca lly go to Hammer
Construction. Hammer has given us a letter (attached) and indicated that they
added profit and overhead to the individual bid items and arrived at the
$36,650 total rather than include overhead and profit in each bid item as the
bid proposal specifies. The City Attorney's office has indicated that we may
be able to require Hammer to construct the project for $28,886. However,
because: 1) Hammer is a new contractor and we were unable to get references on
their work, and 2) Hammer made a mistake on his bid documents, due to lack of
experience in filling out bids, staff recommends that Council should find the
Hammer bid unresponsive, and, if necessary, award the bid to Concrete
Contractors if Erry cannot provide adequate insurance and security.
Concrete Contractors Interstate's bid of $31,909.50 is below the engineer's
est imate by $6,466.50 or 16.9 percent. Concrete Contractors Interstate has
performed work for the City in the past. They did the widening of Bonita Road
between Flower Street and Bonita Glen Drive in 1990.
The low bid received from Erry Construction did not contain Addendum #1 as
required, did not show items with unit prices written in words and had one
arithmetic error in the unit price of asphalt concrete pavement. Staff
recommends that Council waive the irregul arities in Erry Construction's bid
and find that these irregularities are immaterial based on the following:
1. The lack of Addendum #1 at the time of submittal did not provide an
advantage to the low bidder since it was a mere correction to typographic
error. Additionally, Erry Construction did provide a signed copy of the
addendum at a later date.
2. Unit prices written in words are needed in case of disparity in the
proposal between the lump sum or unit price bid shown in figures and
words. In case of disparity, unit bid price amount as stated in words
shall prevail and take precedence. Staff cons iders thi s omi ss ion as an
oversight and concurs that it does not provide any advantage to the low
bidder.
\)..- 2-
Page 3, Item ;'0(
Meeting Date 8/11/92
3. The arithmetic error in the unit price per ton for asphalt pavement was
another oversight and it al so does not provide any advantage to the low
bidder.
4. Council has the right to waive immaterial irregularities in the bid
documents.
Attached is a copy of the Contractor's Disclosure Statement.
FINANCIAL STATEMENT:
Funds ReQuired for Construction
Contract Amount
Contingency (10%)
Staff Cost (design & const.)
Total Funds Required
Funds Available for Construction
SCOOT Capital Project
East H St. Bus Pull-In
404-4040-STl54
Total Funds Required
Balance
Award to Lowest
Responsible Bidder
Errv Construction
Contingency Award
to Second Lowest
Responsible Bidder
Concrete Contractors
Interstate
$24,926.11
2,492.61
13.581. 28
$41,000.00
$31,909.50
3,190.95
13.899.55
$49,000.00
$56,329.00
$41,000.00
$15,329.00
$56,329.00
$49,000.00
$ 7,329.00
FISCAL IMPACT: This
budget as indicated.
City maintenance.
reflects an expenditure of funds authorized in the CIP
Upon completion of the project, it will require routine
SA:AS-007
WPC 6107E
\~. 3 /,1.-6
THE CIIT OF CHUU VISTA PARIT DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters
which will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
l. List the names of all persons having a financial interest in the contract, i.e., contractor,
,~'r7(Jat,1}~!!-7/A/
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
~~;J~Ot~~12/1 A/
3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
t~':t1 %: the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards,~mmissions, Committees and Council within the past twelve months? Yes_
No I:::::: If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants or independent
cv:>~~~~..JtA~:2 ~)~esent you before the City in this matter.
6.
Have you and/or your officers or agents, in the aggregate, contrihuted morc;...than $1,000 to a
Councilmember in the current or preceding election period'! Yes _ NOL If yes, state which
Councilmember(s):
Person is defined as: "All)' indit'idlllll, firm. co-par/ltC'rship,joinr 1'('fJ(lIrc', nSJocitlliolJ, social dllh,frmernol organiznlion, corporatioll,
estaTe, tnlsf, Teceit'e,., s)'lldictlIe. this alld any other cOHllIy. ci(l' and COllllll)', diy, n nietlw/il)', dislricl or olher poli/ical subdh'isioll,
or llny other group or comhilln/;olJ acting as llunit."
(NOTE: Auac additional pages' s necessary)
-
Date:
7t!alo,-f~
1,\-1 JJWDlSCLOSE.TXTI
\').-5
HAMMER CONSTRUCTION
1294 CARDINAL PLACE
CHULA VISTA,CA 91911
(619) 482-8635
LICENSE # 642039
July 31, 1992
City of Chula Vista
276 Fourth Ave
Chula Vista, CA 91910
Public Works Department
RE: BID for East H Street and Hidden Vista Dr. Bus turn out,
Chula Vista
As you requested in our telephone conversation on 07-26-92, I am
writing this letter to clarify the discrepancy on by bid form. It
is clear that my bid price for the project was $36,650.00, as
shown in the grand total space. My profit was added to the
bottom line rather than amortised in the unit prices. I would be
happy to complete the job for bid price of $36,650.00. In the
event that I am not the lowest bid I understand that the city
will have to award the bid to another contractor. I hope that
this did not cause the city any inconvenience and look forward to
doing business with the city of Chula Vista in the future.
Ji;;ii~J )f~
Hammer Construction
!2../~
RESOLUTION NO. J1..15/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, WAIVING IMMATERIAL
DEFECTS AND AWARDING CONTRACT FOR EAST H
STREET AND HIDDEN VISTA BUS TURNOUT; AWARDING
CONTRACT TO THE SECOND RESPONSIBLE BIDDER,
CONCRETE CONTRACTORS INTERSTATE, IN THE EVENT
ERRY CONSTRUCTION FAILS TO PROVIDE PERFORMANCE
AND LABOR BONDS WITHIN TEN WORKING DAYS AFTER
RECEIVING NOTICE OF AWARD
WHEREAS, on July 15, 1992, at 2:00 p.m., the Director of
Public Works received sealed bids for the construction of the bus
turnout on East H Street in the City of Chu1a vista, and
WHEREAS, bids were received from five contractors as
follows:
Erry Construction
Hammer Construction
Concrete Contractors Interstate
Caves, Inc.
Carolyn Scheidel
$24,926.11
28,886.50
31,909.50
39,604.00
46,811.00
WHEREAS, Section 1009 of the city Charter and Section 2-1
of the Contract Special provisions requires that the contract be
awarded to the Lowest Responsible Bidder, and
WHEREAS, the low bid by Erry is below the engineer's
estimate, however, it has had difficulties in the past obtaining
acceptable bonds; and
WHEREAS, standard contract documents require the
successful bidder to sign the contract, provide the required
insurance certificates and provide 100% Faithful Performance and
Material and Labor bonds within ten working days after the bidder
has received notice that the contract has been awarded; and
WHEREAS, the low bid received from Erry did not contain
Addendum #1 as required, did not show items with unit prices
written in words and had one arithmetic error in the unit price of
asphalt concrete payment; and
WHEREAS,
irregularities in
irregularities are
staff recommends that Council
Erry Construction's bid and find
immaterial based on the following:
waive the
that these
1. The lack of Addendum #1 at the time of submittal
did not provide an advantage to the low bidder
since it was a mere correction to typographic
error. Additionally, Erry Construction did provide
a signed copy of the addendum at a later date.
1
ll.~1
2. unit prices written in words are needed in case of
disparity in the proposal between the lump sum or
unit price bid shown in figures and words. In case
of disparity, unit bid price amount as stated in
words shall prevail and take precedence. Staff
considers this omission as an oversight and concurs
that it does not provide any advantage to the low
bidder.
3. The arithmetic error in the unit price per ton for
asphalt pavement was another oversight and it also
does not provide any advantage to the low bidder.
4.
council has the right to waive
irregularities in the bid documents.
immaterial
WHEREAS, Hammer Construction is unresponsive and not a
responsible bidder because of its failure to provide any past
experience, references or evidence to show that it has had any
public or private construction experience; and
WHEREAS, Council finds that Concrete Contractors
Interstate is the second lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby accept said bids, waive the
immaterial defects in Erry's bid and award the contract for East H
Street and Hidden vista bus turnout in the City of Chula vista to
Erry Construction in the amount of $24,926.11.
BE IT FURTHER RESOLVED that this award is contingent on
Erry Construction's provision of 100% faithful performance and
labor bonds to the city within ten working days after receiving
Notice of the Award.
BE IT FURTHER RESOLVED that in the event that Erry
Construction fails to provide said 100% faithful performance and
labor bonds within ten working days after receiving Notice of the
Award, this award to Erry is revoked by operation of law and the
contract for East H Street and Hidden vista turnout is awarded to
the second lowest responsible bidder, Concrete Contractors
Interstate in the amount of $31,909.50.
BE
authorized and
of the City of
IT FURTHER RESOLVED that the Mayor is hereby
directed to execute said contract for and on behalf
Chula vista.
John P. Lippitt, Director of
Public Works
F: \bomc\attomeylonybOl
Presented by
2
1.2.-1
COUNCIL AGENDA STATEMENT
Item
\3
Meeting Date
8/11/92
ITEM TITLE:
Report - Legal Alternatives to Dealing with Pan-
handling in the Downtown Area That May Border on
Assault
SUBMITTED BY:
Assistant CilJA\f:orney
city Attorne\~
Fritsc~
Reviewed by:
COUNCIL REFERRAL NO. 2503
4/5ths Vote: Yes
No-1L
council has expressed its concern over reported incidents of
aggressive panhandling in the downtown business district and has
asked the City Attorney's Office to report on alternatives
available to address this problem. This report responds to that
referral. A recent U. S. District Court has ruled that an "anti-
begging" law, similar to our own, is an unconstitutional breach of
the solicitor's right of free speech and equal protection.
RECOMMENDATION: It is therefore our recommendation that:
(1) The Council place our own anti-begging statute on "non-
enforcement" status until the constitutionality of such a law is
clarified, and have the City Attorney provide a report back to the
Council at such time as is appropriate.
(2) Have the city use existing state "anti-sidewalk-
obstruction" statutes, state constraints against offering services
near freeways, and other state statutes cited herein, such as the
assault and battery law, to prohibit aggressive panhandling rather
than our own anti-begging ordinance until the law on anti-begging
statutes is clarified by the appeal of the Blair case, or
otherwise;
Other options:
since the city Attorney does not recommend any further City
regulation of aggressive panhandling, if the Council so desires,
they should advise the City Attorney if they would like to see a
proposed ordinance regulating "vending adjacent to roadways",
similar to the state legislation prohibiting vending adjacent to
freeways.
\ ~ - I
It_~
paqe 2
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Our current ordinance regulating panhandling is found in section
9.21.010 which states as follows:
"It is unlawful for any person at any place within the
City to beg or solicit alms or any other thing or money
for his support or for the support of anyone else, or
for any other purpose, or to make a business of begging
or soliciting alms, money, or thing of value, either by
word or act or combination thereof, as herein after
defined."
The enforceability of this provision is somewhat open to question
at this point. A federal trial court in the case of Blair v.
Shanahan 775 F.Supp. 1315 (N.D. Cal. 1991) recently invalidated
Penal Code S647(c), which has language very similar to Chula vista
Municipal Code section 9.21.010.
Penal Code S647 (c) provides that any person "who accosts other
persons in any public place or in any place open to the public for
the purpose of begging or soliciting alms" is guilty of a
misdemeanor. The court in Blair found that S647(c) violates the
first amendment of the united States Constitution, saying that
begging was first amendment protected activity. The Blair court
also found that S647(c) violated the fourteenth amendment's right
to equal protection in that it discriminates between lawful and
unlawful conduct based upon the content of the communication. The
court said that the state interest that was promoted by S647(c) -
to avoid annoyance to the public - was not so compelling as to
justify a limitation on protected speech.
Blair is currently on appeal. It is at odds with a California
Court of Appeal case Ulmer v. Municipal Court (1976) 55 Cal.App.3d
263, 127 Cal.Rptr. 445 which found that S647(c) was constitutional
under both the united States and California Constitutions. The
Blair court considered itself bound by Ulmer as to the
interpretation of the California Constitution, but felt free to go
off on its own with respect to purported violations of the united
States Constitution.
At this point, there is a conflict between the federal trial court
and the state appellate court with respect to the constitutionality
of a law which is very similar to our own. Until the appeal in
Blair is decided, the more cautious approach is to suspend
enforcement of our ordinance. However, we have other enforcement
options.
\~'2
Item \a
Page 3
Penal Code S647c [as distinguished from Penal Code S647(c),
discussed above] is another option for us in controlling aggressive
begging. That section has survived a constitutional challenge
(PeoDle v. Man [1974] 39 Cal.App.3d Sup. 1, 114 Cal.Rptr. 237). It
is a "anti-sidewalk obstruction" law which provides that any person
who "willfully and maliciously obstructs the free movement of any
person on any street, sidewalk or other public place or in any
place open to the public" is guilty of a misdemeanor. section 647c
further states that its provisions do not affect the power of a
county or city to regulate conduct upon a street, sidewalk, other
public place or on or in a place open to the public. Therefore, an
aggressive panhandler who "maliciously" blocks the movement of
another could be cited.
Penal Code S415 is also potentially applicable. It prohibits among
other things, the using of offensive words in a public place which
are inherently likely to provoke an immediate violent reaction.
This section has withstood numerous constitutional challenges.
Penal Code S242, battery, prohibits any unconsented to, offensive
touching, no matter how slight. It is also potentially applicable.
Penal Code S240, assault, prohibits any threatened battery, even if
not accomplished. This too is an enforcement option.
Vehicle Code S22520.5 prohibits stopping on a freeway except in
emergencies. It appears to be a legislative response to the recent
proliferation of "will work for food" signs and is meant to
discourage drivers from responding. Should Council desire, the
city Attorney could draft a parallel provision to regulate such
conduct on City streets. However, this office recommends against
it for the following reasons: (1) There are a myriad of
legitimate reasons for stopping, pulling over to one side of the
road (e.g., mail a letter, drop a child off at day care, park to do
an errand) that would make a parallel city street provision hard to
draft or enforce; (2) We are not aware of the necessity of such an
ordinance at this time; (3) There are due process problems with
regulating this conduct; (4) There is a potential preemption issue.
Vehicle Code S22520. 5 is in our view an overregulation of an
embarrassing social condition which did not give rise to the
original complaint.
Finally, we could continue to enforce our local ordinance if we
redraft it to promote what the Blair court found to be a "compel-
ling interest". Blair recognized that "coercive", "threatening"
and "intimidating" begging could be lawfully prohibited.
\~-3
It_ _13
Page ..
However, before we amend our statute to narrow its focus, we would
advise waiting for the outcome of the Blair appeal to see if a
higher court overturns it, obviating the necessity for any change
to our ordinance.
FISCAL IMPACT: None. Not applicable.
\3.~~
COUNCIL AGENDA STATEMENT
Item 1'1
Meeting Date 8/11/92
ITEM TITLE: PUBLIC HEARING: - Conditional Use Permit PCC-92-40:
Appeal of Planning Commission Approval of a Request
to Install Interim Fire station No. 6 at the
southwest corner of Lane Avenue and Fenton street;
Appellant - California Land Associates
Resolution)b15~enYing the Appeal and Approving
Conditional Use Permit PCC-92-40
REVIEWED BY:
ci ty Manager,jG ~ -r
(4/sths Vote: Yes___No-K-)
SUBMITTED BY: Director of Plannin
The city of Chula vista proposes to install Interim Fire station
No. 6 at the southeast corner of Fenton street and Lane Avenue,
2396 Fenton street, APN 595-232-10, in the BC-1 zoning district as
defined in the EastLake Planned Community District Regulations.
The interim fire station will be operated at this location until
such time as an optimal site for a permanent station is selected
and additional development warrants the construction of a permanent
structure. California Land Associates, the owners of the office
building directly east of the fire station site, has appealed the
decision of the Planning commission approving PCC-92-40. All
documents and correspondence are attached (see index following
staff report).
The Environmental Review Coordinator has determined that this
project is a Class 3 (c) Categorical Exemption per the California
Environmental Quality Act (CEQA).
RECOMMENDATION: That
Conditional Use Permit
based on the records
Commission and Council.
Council adopt the resolution approving
PCC-92-40 and findings contained therein
of the proceedings before the Planning
BOARDS/COMMISSIONS RECOMMENDATION: On July 8, 1992 the Planning
commission voted 6-to-0 to approve PCC-92-40. That decision has
been appealed by California Land Associates based on the points
listed under "Contentions of Appellant".
N-I
Page 2, rtem
Meeting Date
N
8/11/92
DrscussrON:
Adiacent Zonina and Land Use:
ZONING
LAND USE
site BC-1 (PC) Vacanti 1 structure
North BC-1 (PC) Vacant
South BC-1 (PC) Vacant
East BC-1 (PC) Industrial
West BC-1 (PC) Industrial
Existina site Characteristics
The modular structure to house the fire fighting apparatus has
already been installed on the northeastern portion of the site, and
just west of the apparatus structure, the foundation for the
personnel building has already been graded and partially installed.
Construction was initially allowed to proceed without the necessary
conditional use permit because of an incorrect interpretation of
the EastLake PC Zone regulations dealing with temporary uses. Work
has since been stopped until the outcome of the public hearing for
this conditional use permit.
Proposed Use
Proposed Interim Fire station No. 6 consists of two structures
totaling approximately 2,340 square feet which will occupy the
northeast portion of the site. since installation had already
started, the apparatus parking bay, a 15.5 foot high modular
structure, sits about 50 feet south of the northern property line
and, at its nearest point, about 26.5 feet from the eastern
property line.
The personnel structure, an approximately 11 foot high modular
building, will sit about 60 feet south of the northern property
line and about 105 feet east of the western property line. The
area where the foundation for the personnel structure is to be
poured was being excavated and was partially installed prior to
suspension of work.
14,2..
Paqe 3, Item
Meetinq Date
I~
8/11/92
Alternate sites
Several alternate sites were considered at the same time as this
site. A site near the southeast corner of otay Lakes Road and
Hunte Parkway was considered, but specific site characteristics,
including limited site distance from the east and potential
ingress-egress problems, made the location unacceptable. Another
site was considered along EastLake Parkway south of Telegraph
Canyon Road, but EastLake High School will be built there instead.
still, a third site was considered but rejected because it is part
of the Kaiser Hospital site.
In the opinion of the Fire Department the site chosen offers the
best possibility for service as it is on a main arterial access
into the EastLake Greens area, is in close proximity to Telegraph
Canyon Road and no other major projects preclude its construction.
Given the existing conditions and if development to the north is
significantly delayed, this is the site preferred by the Fire
Department, possibly even for a permanent fire station. If this
were to evolve into the permanent fire station site for this area,
the modular structures would be replaced by permanent buildings.
Architectural Review
When this project was submitted through the Building Department for
building permits, the Planning Department reviewed the site design
and architecture and, due to the interim nature of this facility
and the substantial landscaping to be provided, staff determined
that the project is compatible within the context of the
surrounding neighborhood. The EastLake Development Company also
reviewed and approved the architectural design of the proposed
modular structures.
ANALYSIS
Conformance with EastLake Requlations
Fire Station No. 6 is proposed for this location on an interim
basis. Its life span depends on determining an optimal site for a
permanent fire station and the pace at which future development
occurs. Depending on plans for surrounding areas, including the
otay Ranch, the optimal site may be (1) the current, interim
location in the EastLake-I Business Center; (2) another, more
easterly site within the EastLake development; or (3) a site in
Salt Creek Ranch on Mt. Miguel Road south of East "H" Street. At
this point, it is likely that the interim fire station site will be
needed for 5-7 years.
;Y-3
paqe 4, Item l'f
Meetinq Date 8/11/92
The use as a fire station requires a conditional use permit per
section VI. 0.2. I of the EastLake I Planned Community District
Regulations. This section states:
"Temporary use of properly-designed mobile trailer units for
classrooms, offices, banks, etc., for periods not to exceed
ninety days subject to administrative review. Reauests for
such uses of more than ninetv davs in duration shall reauire
the approval of a Conditional Use Permit bv the Plannina
Commission. Such units shall meet all necessary requirements
of building, fire and health codes." [Emphasis added].
The proposed use can meet the performance standards
Business Center District as outlined in section IV. 3
EastLake I Planned community District Regulations.
for the
of the
Conformance with The General Plan
The proposed Interim Fire station No. 6 conforms with and
implements the City's general threshold standards for fire
services, as well as implementing the more detailed project
guidelines for fire coverage adopted as part of the City's Fire
station Master Plan:
"1. As a general rule, fire stations shall be distributed so
as to meet the service levels established in the
thresholds standards. The threshold standard for fire
requires the department to respond to 85% of all
emergency calls for service within 7 minutes."
CONFORMANCE: The placement of Interim Fire station No.
this location will bring virtually all residences
businesses in EastLake within this threshold standard.
6 at
and
"2. The precise location of fire stations shall be determined
by:
a. Land Use Pattern, residential density and building
intensity.
b. street patterns and traffic volume.
CONFORMANCE: The land use pattern surrounding the site is
industrial while the building intensity has not reached a
maximum as the area is not at build-out. Both Fenton Street
and Lane Avenue are, at present, lightly travelled streets for
the same reason.
/ 4~ l/
paqe 5, Item
Meetinq Date
Ie;
8/11/92
"3. Fire stations should be sited on arterial streets or
collectors. If circumstances require the location of a
fire station on a minor street, the said minor street
should lead directly to an arterial street or collector."
CONFORMANCE: The site for Interim Fire station No. 6 is
located at the intersection of Lane Avenue and Fenton street.
Lane Avenue is a collector street which permits direct access
to Telegraph Canyon Road, a prime arterial, to the south,
while Fenton Avenue is a minor street which permits direct
access to EastLake Parkway to the west.
"4. Fire stations may be located on corner lots, with primary
and secondary (alley) access. stations should be
situated a minimum of three hundred feet (300') from
signalized intersections."
CONFORMANCE: The site is at the southeast corner of Fenton
Avenue and Lane street, as mentioned earlier. The primary
access at the northeast corner will be the only point of
vehicular ingress and egress to the site. The nearest
signalized intersection to the station is at Telegraph Canyon
Road and Eastlake Parkway, more than 300 feet away.
"5. Fire station sites must be large enough to accommodate a
station office, living quarters for the on-duty
personnel, areas for apparatus storage and maintenance,
off-street parking, and environmental amenities, such as
landscaping and walks. Where stations are located in
areas of anticipated growth, the fire station site should
be of adequate size to accommodate planned expansion.
New fire stations should be built to house no less than
two apparatus."
CONFORMANCE: The site, architectural and floor plans and
elevations show living quarters, an area for apparatus storage
and maintenance, off-street parking, landscaping and walks.
Even though this is a temporary station with a limited life
span, the site is large enough to accommodate expansion, but
will house only one apparatus for this reason. If a permanent
station is built at this location, a structure to house at
least two apparatuses will be constructed.
"6. The design of fire stations should be environmentally and
aesthetically compatible with adjacent land uses."
CONFORMANCE: The proposed interim fire station will consist
of two modular structures, a personnel building and an
apparatus parking bay, and include a covered patio area which
will architecturally link the two main building segments of
II{.. 5
paqe 6, Item
Meetinq Date
/1(
8/11/92
the facility.
site making it
uses.
The substantial landscaping will enhance the
aesthetically compatible with adjacent land
The personnel building and apparatus parking bay have been
designed in a manner which will not only yield functionally
appropriate buildings, but will also result in the development
of a facility which will architecturally complement and be
compatible with the structures in the immediate area. The
proposed architectural design was reviewed and approved by the
EastLake Design Review Board on February 14, 1992.
The proposed structures, although temporary in nature, will be
installed on permanent foundations. The exterior articulation
of the rectangular building masses will be kept simple and
streamlined, in keeping with the contemporary theme of the
business center, and will incorporate a 36 inch high parapet
along the structures' roof perimeters. The buildings'
exterior will be treated with T1-11 mansard vertical siding.
The proposed color palette will consist primarily of gray wall
color and teal green accent color combinations which are
consistent with the color scheme of the structure to the east
of the site.
staff found the proposed architecturally enhanced modular
building design solution to be an acceptable and appropriate
alternative to a "permanent" structure, given the temporary
nature of the facility, and concluded that the facility will
positively contribute to the appearance and development of the
EastLake Business enter.
"7. Where practicable, fire station houses should be one
story in height."
CONFORMANCE: The personnel structure will be one story at
11'4", while the apparatus parking bay will be 15'6". Both
structures will have only one story.
CONTENTIONS OF APPELLANT:
1. APPELLANT: "The lease between the Fire Department and
EastLake violates the Subdivision Map Act".
Response: This proposed development is in conformance with
Government Code S 66428 and does not warrant the
preparation of a parcel map for the fOllowing
reason:
Pursuant to Government Code S 66428(a) a parcel map
is not required for . . . "Land conveyed to or from
/'1-,(",
page 7, Item
Meeting Date
)tJ
8/11/92
a gove:r;nmental agency. . unless a showing is
made ~n individual cases, upon substantial
evidence, that public policy necessitates a parcel
map." No such "public policy" reason for a parcel
map has been advanced by the appellant. A public
policy reason for compelling a parcel map is not
present because:
a) The parcel upon which the station will be
located is the result of a prior land
division. All public "facilities" and the
"design" (as these terms are used in the
Subdivision Map Act) considerations have
already been addressed in the prior
subdivision. TM# 15823 recorded October 6,
1989 (TPM-90-01).
The City would not require the development of
additional infrastructure should this parcel
be divided by a parcel map nor would it
require significant design changes to its
configuration. In addition, the findings made
for TPM-90-01 are still in effect and would
not be changed even if the City decided to
execute another parcel map.
b) The city reserves adequate regulatory
authority through the conditional use permit
process and findings to address any matter of
public health, safety or welfare which may be
raised in the context of a parcel map, thus
eliminating the need for a parcel map.
c) The city cannot force its lessor (Eastlake) to
develop the remainder (unused) portion of the
site. The city's weed abatement and nuisance
ordinances will be enforced to insure the
unused portion of the site remains in a safe
and sanitary condition.
2. APPELLANT: "The EastLake Business Center Architectural
Committee violated the CC&R's in approving the fire station
design".
Response:
The compliance of the fire station's design with
the Eastlake Business Center's CC&R is not a matter
which the City council may adjudicate. CC&R
established pursuant to civil Code S 1468 are
private covenants regulating the use of land
subject to them. The City has no regulatory
Ii./-.. 7
Page 8, Item
Meeting Date
JIf
8/11/92
authority to act as an Appeals Board to any action
taken by the Business Center Architectural
Committee. If the Appellant has a complaint
regarding the action of the Committee, they should
take that up with the Committee itself.
3. APPELLANT: "The Planning Commission was mislead by staff to
believe the city was funding the cost of the fire station".
Response: The funding for the fire station, in part by
Eastlake and in part by City, using a portion of
the DIF fees is irrelevant to the land use
considerations before the City.
4. APPELLANT: "The Fire Department failed to mitigate visual
blight by selecting one of several alternative sites offered
by EastLake Development Co.".
Response: Staff disagrees with the appellant's contention
that the station results in "visual blight." In
any event the city owes no duty to Appellant to
insure that any public or private land use is
aesthetically pleasing to them. The issue in
question is the conformance of the structure with
the applicable architectural standards. It has
been found to conform through the administrative
Design Review process.
5. APPELLANT: "The findings that the station will not (i) be
injurious to adjacent property or (ii) adversely affect the
General Plan (Planning Department letter dated May 19, 1992)
is specifically based on the erroneous assumption the use is
"temporary [in] nature," when in fact the use will be for a
minimum of five years".
Response: The fire station, although not a desirable use to
the Appellant, has not been demonstrated to be
injurious, in a physical sense, to their property.
This use is far less intense than other land uses
permitted on the property. It produces far fewer
vehicle trips than other permitted land uses.
Rather than being contrary to the General Plan,
this station is in conformance with the Public
Facilities Element for reasons presented under the
ANALYSIS section of this report.
fi.I. .. t
paqe 9, Item
Meetinq Date
)~
8/11/92
6. APPELLANT: "The Fire Department's C.U.P. application
describes the lot area as ".73 acres; but only a small
percentaqe of the land is planned for landscapinq, thereby
creatinq a weed patch of indefinite (but not less than five-
year) duration".
Response:
The portion of the site not occupied will
maintained by the EastLake Development Company
agreements between them and the City and
required by Chapter 8.32 of the Municipal Code
weed abatement.
be
per
as
for
7. APPELLANT: "The City unnecessarily exposes itself to an
inverse condemnation action by affected adjacent landowners".
Response: There is no basis for City liability in inverse
condemnation. The City'S location or use of the
facility does not result in a taking of a property
right held by appellant, even though the use is
considered undesirable by them.
8. APPELLANT: "Approval of the C.U.P. at issue reverses Chula
vista's history of visionary planning, construction of
municipal buildings which enhance the environment and
application to itself of the same hiqh architectural standards
adherence to which it demands of citizens".
Response: The city has applied design review and conditional
use permit regulations to this project as it would
to any project of this nature and type at this
location.
ORDINANCE REQUIRED FINDINGS:
1. That the proposed use at the location is necessary or
desirable to provide a service or facility Which will
contribute to the general well being of the neiqhhorhood or
the community.
The proposed use will contribute to the safety and
welfare of the community by improving the currently
available fire services and response time within the
eastern territories and provide a facility in close
proximity to the intended service areas.
2. That such use will not under the circumstances of the
particular case, be detrimental to the health, safety or
qeneral welfare of persons residinq or workinq in the vicinity
or injurious to property or improvements in the vicinity.
('t~'7
Page 10, Item
Meeting Date
1'1
8/11/92
The interim use of the subject site as a fire station
will not detrimentally affect the health, safety or
welfare of persons residing or working in the vicinity or
be injurious to property or improvements in the vicinity
in that:
1. The proposed use is temporary and Class 3 (cl
Categorical Exemption per CEQA;
2. There are public facilities that are adequate to
handle future area growth; and
3. The fire station is necessary for the protection of
persons and property in the vicinity of the site.
3. That the proposed use will comply with the regulations and
conditions specified in the code for such use.
The proposed use complies with section VI.O.2.1 of the
EastLake I Planned community District Regulations for the
BC-1 zone and pertinent Municipal Code requirements in
that this is a temporary use compatible with surrounding
uses, and any construction or grading work will be done
in compliance with the regulations of the City of Chula
vista.
4. That the granting of this conditional use permit will not
adversely affect the General Plan of the city or the adopted
plan of any government agency.
The temporary use of the site as a fire station facility
will not adversely affect the General Plan of the City of
Chula vista in that it will implement provisions of
Section 2.1 of the Safety Element of the General Plan and
any other applicable element of the General Plan.
5. That the granting of this conditiona1 use permit complies with
the Subdivision Map Act.
Based on section 66428 of the Subdivision Map Act, public
policy does not require the processing of a parcel map
under such circumstances as exists in this case for the
following reasons:
A. This parcel is part of a prior land division which
has adequate public facilities and complies with
appropriate design.
B. The City reserves adequate regulatory authority
through the conditional use permit process.
11./ ~/D
Paqe 11, Item
Meetinq Date
If
8/11/92
C. The remainder portion of the site will be
maintained by EastLake as required by the
agreements between EastLake and the city, and by
the weed abatement program (Chapter 8.32 of the
Municipal Code).
FISCAL IMPACT: Not applicable.
(fmSlat)
I 'I-~ III pi ... 120
RESOLUTION NO.
/1D1S2
A RESOLUTION OF
THE CITY OF CHULA VISTA CITY COUNCIL
GRANTING A CONDITIONAL USE PERMIT TO
CONSTRUCT AND OPERATE AN INTERIM FIRE
STATION AT THE SOUTHWEST CORNER OF
LANE AVENUE AND FENTON STREET
WHEREAS, a duly verified application for a conditional use
permit was filed with the Planning Department of the city of Chula
vista on May 8, 1992 by the Chula vista Fire Department; and
WHEREAS, said application requested a conditional use permit
to allow an interim fire station; and
WHEREAS, the Planning Commission held a public hearing on July
8, 1992 and voted 6-to-0 to approve said Conditional Use Permit;
and
WHEREAS, the Planning Commission's decision was appealed by
California Land Associates; and
WHEREAS, the city Council set the time and place for a hearing
on said conditional use permit application and notice of said
hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the City and its mailing to
property owners within an area of 500 feet radius of the exterior
boundaries of the property at least ten days prior to the hearing;
and
WHEREAS, the hearing was held
advertised, namely 6: 00 p.m., July
Chambers, 276 Fourth Avenue, before
hearing was thereafter closed.
at the time and place as
21, 1992 in the Council
the city Council and said
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL finds as
follows:
1. That the proposed use at the location is necessary or
desirable to provide a service or facility which will
contribute to the general well being of the neighborhood
or the community.
The proposed use will contribute to the safety and
welfare of the community by improving the currently
available fire services and response time within
the eastern territories and provide a facility in
close proximity to the intended service areas.
2. That such use will not under the circumstances of the
particular case, be detrimental to the health, safety or
general welfare of persons residing or working in the
14 ~ /3
Resolution No.
Page 2
vicinity or injurious to property or improvements in the
vicinity.
The interim use of the subject site as a fire
station will not detrimentally affect the health,
safety or welfare of persons residing or working in
the vicinity or be injurious to property or
improvements in the vicinity in that:
The proposed use is temporary
Categorical Exemption per
Environmental Quality Act;
2. There are public facilities that are adequate
to handle future area growth; and
1.
and a Class 3(c)
the California
The fire station is
protection of persons
vicinity of the site.
3. That the proposed use will comply with the regulations
and conditions specified in the code for such use.
3.
necessary for the
and property in the
The proposed use complies with section VI.O.2.I of
the EastLake I Planned Community District
Regulations for the BC-l zone and pertinent
Municipal Code requirements in that this is a
temporary use compatible with surrounding uses, and
any construction or grading work will be done in
compliance with the regulations of the City of
Chula vista.
4. That the granting of this conditional use permit will not
adversely affect the General Plan of the City or the
adopted plan of any government agency.
The temporary use of the site as a fire station
facility will not adversely affect the General Plan
of the City of Chula vista in that it will
implement provisions of section 2.1 of the Safety
Element of the General Plan and any other
applicable element of the General Plan.
5. That the granting of this conditional use permit complies with
the Subdivision Hap Act.
Based on Section 66428 of the Subdivision Map Act, public
policy does not require the processing of a parcel map
under such circumstances as exists in this case for the
following reasons:
l~ -14
Resolution No.
Page 3
A. This parcel is part of a prior land division which
has adequate public facilities and complies with
appropriate design.
B. The City reserves adequate regulatory authority
through the conditional use permit process.
C. The remainder portion of the site will be
maintained by EastLake as required by the
agreements between EastLake and the City, and by
the weed abatement program (Chapter 8.32 of the
Municipal Code).
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby denies the
appeal by California Land Associates and adopts this resolution
granting Conditional Use Permit, PCC-92-40, subject to the
following conditions:
1. Any changes to the proposed site plan and/or building
architecture shall be subject to approval by the Director
of Planning prior to issuance of building permits.
2.
A "no-fee"
construction
right-of-way.
construction permit is required for
of the driveway approach in the street
3. If the exemptions in the grading ordinance are not met,
the developer is required to obtain a "no-fee" grading
permit.
4. This permit shall be subject to any and all new,
modified, or deleted conditions imposed after adoption of
this resolution to advance a legitimate governmental
interest related to health, safety or welfare which city
shall impose after advance written notice to the
permittee and after the city has given to the permittee
the right to be heard with regard thereto. However, the
City, in exercising this reserved right/condition, may
not impose a substantial expense or deprive Permittee of
a substantial revenue source which the Permittee can not,
in the normal operation of the use permitted, be expected
to economically recover.
5. This conditional use permit shall become void and
ineffective if not utilized within one year from the
effective date thereof, in accordance with section
19.14.260 of the Municipal Code. Failure to comply with
any condition of approval shall cause this permit to be
reviewed by the city for additional conditions or
revocation.
) 4 - J5
Resolution No.
Page 4
That a copy of this resolution be transmitted to the applicant
and the City Council.
Presented by
Bruce M. Boogaard
City Attorney
~t A. Lei r
~~tor of Planning
14-//0
.
.
.
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File No.
PUBLIC HEARING CHECK LIST
CIlY COUNCIL PUBLIC HEARING DATE '7 IJ \ I q.d-
SUBJECT ~ LL. Q~~ r~~-92.-'-jo: ~ ~ ~~
€ 2.~"1(" 4.-.~ ~.
LOCATION
~O,~.
MAILED NOTICES TO PROPERlY OWNERS -'=-i ~ NO. MAILED
PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK '7 /7J 114 z..
COPIES TO:
Administration (4) 1/
Planning .,/
Originating Department
Engineering ,/
Others
City Clerk's Office (2) ./
" /<t, (Cj~
( ~ ~Y ll~ II? fc,:)
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POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
JL~~
'\7v-' CO\.
-58.
/L!;/7
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NOTICE OF PUBLIC HEARINGS
BY THE CITY PLANNING COMMISSION AND THE
CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE
CITY PLANNING COMMISSION AND CITY COUNCIL of Chula vista,
California, for the purpose of considering an application for a
conditional use permit, PCC-92-40.
The application, submitted by the City of Chula Vista, requests
permission to construct an interim fire station at the southwest
corner of Fenton Street and Lane Avenue, 2396 Fenton Street, APN
595-232-10, in the BC-1 zoning district. A plot plan and legal
description are on file in the office of the Planning Department.
Any petitions to be submitted to the Planning Commission must be
received by the Planning Department office, and those to be
submitted to the City Council must be received by the City Clerk no
later than noon of the respective hearing dates.
.rhe Environmental Review Coordinator has determined that this
project is a Class 3(c) Categorical Exemption per the California
Environmental Quality Act (CEQA).
.
If you wish to challenge the City's action on this conditional use
permit in court, you may be limited to raising only those issues
you or someone else raised at the public hearings described in this
notice, or in written correspondence delivered to the Planning
commission or city Council at or prior to the public hearings.
Said public hearing before the PLANNING COMMISSION will be held on
Wednesday July 8, ~992 at 7:00 p.m.; and before the CITY COUNCIL on
-~esday, July2~, ~992 at 6:00 p.m. in the Council Chambers, Public
services Building, 276 Fourth Avenue, at which time any person
desiring to be heard may appear.
DATED:
June 19, 1992
~-"~ k?-c JlJ '~
Na cy Ripley, Secret ry
Chula vista Planning commission
Case No. PCC-92-40
.
c,,;1-9;r rrnuJecf t-u-f- fW)~
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Wes tern Sa It Co
Lane Avenue
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Eastlake Development Co.
Mahoney Trust 11-22-89
Bein Robert/Frost William Assoc Hudson Partners
Attn: Jack Li ht
No 1 Mr. Gordon E. Dunfee, Esq
Managing General Partner
Dunfee Properties, Inc.
Eastlake Development
Attn: Curt Smith
Sam Lopez, Fire Chief
/1// 1
.
INDEX OF ATTACHMENTS
A. Locator drawing, site plan, planting plan, and elevations
along with applicant's disclosure statement.
B. Letter from adjacent property representative Gordon Dunfee
dated May 14, 1992
C. Letter from the Chula vista Planning Department dated May 19,
1992 granting the Zoning Administrator CUP approval
D. Letter to Mr. Dunfee acknowledging receipt of May 14th letter
E. Letter from Mr. Dunfee dated June 22, 1992, stating no
objection to the site but rather the temporary building design
F. Planning commission report and minutes from July 8, 1992,
Planning commission meeting
G. Letter from EastLake regarding the lease agreement and
including a copy of said agreement
H. Applicant's appeal, including letter from attorney
I. Copy of EastLake Business Center CC&Rs
J. Letter from Bruce Sloan of EastLake regarding meeting with
Dunfee held July 27, 1992
--- I
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CITY OF CHULA VISTA
PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign
contributions, on all matters which will require discretionary action on the part of the
City Council, Planning Commission, and all other official bodies. The following
information must be disclosed:
1. List the names of all persons having a financial interest in the application, bid,
"'''''', " P"P::ll:/ -fie
If real property is involved, 1 i st the names of all persons having any ownership
interest.
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 i dentifi ed pursuant to (ll above is a non-profi t organizati on or a
trust, list the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
4. Have you or any person named in (1) above had more than $250 worth of business
transacted with any member of City staff, Boards, Commissions, Committees and
Council within the past twelve months? Yes No If yes, please indicate
person(s) -----
5. Have you and/or your offi cers or agents, in the aggregate, contri buted more than
$1,000 to a Councilmember in the current or preceding election period?
Yes No
If yes, state which Councilmember(s):
l Person is defined as: "Any individual, firm, copartnership, jOint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate,
thi s and any other county, city and county, city, munici pali ty, di stri ct or other
political subdivision, or any other group or combination acting as a unit."
(NOTE:
Date:
Attach additional pages as
necessary. )
.~ ~f~~'~ .
:>1 gnature 0 contractor pp 1cant
WPC 0701P
A-110
Sk.~""......e-\ 6. lbrc--V
Print or type name of contractor/applicant
A-'7
d P DUNFEE PROPERTIES, In<-
(619) 535-0388
May 14, 1992
Jy/2c:~
;v<; ~.~ IV/2D
Ms. Amy Wolfe
Assistant Planner
City of Chula vista
276 4th Avenue
Chula Vista, CA 91910
i
PL."q1V.
'lV11Va
100...
'-' ,7-,,'
Re: Interim Fire station #6
Dear Ms. Wolfe:
I am in receipt of your letter dated 5/8/92 announcing the CUP
request for the fire station at 955 Lane Avenue. I am the
managing general partner for California Land Associates, No.1, A
California Limited Partnership. We own the adjacent parcel.
I have many concerns on this application.
-How will the department access this parcel? (across ours?)
-Architecture?
~Noise?
-Toxic material handling?
-What affect does this use have on property values?
This park was promised to be exclusively business users. Please
advise.
,
a Land Associates, No. 1
ited Partnership
cc: Mr. Hank Gotthelf
6480 Weathers Place. Suite 220 . San Diego, California 92121
8 - J
~~~
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CllY OF
CHULA VISTA
PLANNING DEPARTMENT
May 19, 1992
City of Chula Vista Fire Department
276 Fourth Avenue
Chul a Vista, CA
SUBJECT: Conditional Use Permit, PCC-92-40, Interim Firestation Facility
The Zoning Administrator has considered your request to approve construction
of a temporary fire station within the Eastlake Business Center (BC-l
district) and authorize a (90 day) temporary use permit for the utilization of
the property, at the southeast corner of the Fenton Street and lane Avenue
intersection (2396 Fenton), as a fire station facility. The subject proposal
is exempt from environmental review as a class 3(c) exemption.
After reviewing your proposed project, site plan and the existing conditions
in the immediate vicinity of the subject property, the Zoning Administrator
has been able to make the required findings to grant your request which is
hereby approved subject to the following conditions.
1. The proposed site plan and building architecture shall be subject to
administrative design review and approval prior to issuance of building
permits.
2. The project shall comply with all Engineering Department (see attached
memorandum) Building and Housing Department requirements, as well as
pertinent Municipal Code requirements.
3. This permit shall be subject to any and all new, modified, or deleted
conditions imposed after approval of this permit to advance a legitimate
governmental interest related to health, safety or welfare which City
shall impose after advance written notice to the permittee and after the
City has given to the permittee the right to be heard with regard
thereto. However, the City, in exercising this reserved right/condition,
may not impose a substantial expense or deprive Permittee of a substantial
revenue source which the Permittee can not, in the normal operation of the
use permitted, be expected to economically recover.
4. This conditional use permit shall become void and ineffective if not
utilized within one year from the effective date thereof, in accordance
with Section 19.14.260 of the Municipal Code. Failure to comply with any
condition of approval shall cause this permit to be reviewed by the City
for additional conditions or revocation.
Q-I
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 919"0/(619) 691-5101
City of Chula Vista Fire Department
Page 2
May 19, 1992
Findings of fact are as follows:
1. The proposed use will contribute to the safety and welfare of the
community by improving the currently available fire services and response
time within the eastern territories and providing a facility in close
proximity to the intended service areas.
2. The interim use of the subject site as a fire station will not
detrimentally affect the health, safety or welfare of persons residing or
working in the vicinity or be injurious to property or improvements in the
viCinity due to its temporary nature.
3. The proposed use will comply with the EastLake I (BC-l) regulations and
pertinent Municipal Code requirements.
4. The temporary use of the site as a fire station facility will not
adversely affect the General Plan of the City of Chula Vista.
You have the right to appeal this decision to the Planning Commission. A
completed appeal form must be received by this office within ten days of the
date of this letter. Forms are available from the Planning Department. In
the absence of said appeal the decision of the Zoning Administrator is final.
Failure to use this permit within one year from the date of this letter shall
cause the permit to become null and void unless a written request for an
extension is received and granted prior to the expiration date.
Four copies of a Notice of Exemption from environmental review have been filed
with the County Clerk. The Clerk will mail three to us and we will forward
one to you.
1 / ,,/
Ji p.../T -UJ
~ y Wolfe /;~
ssistant Plannf:{r
cc: City Clerk
Code Enforcement
WPC 0343p/2655P
Q.-d--
CITY OF CHULA VISTA
~~~
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~~~~
CllY OF
CHULA VISTA
PLANNING DEPARTMENT
June 8, 1992
Mr. Gordon E.
6480 Weathers
San Diego, CA
Dunfee,
Place, Ste.
92121
220
Re: Iterim Fire station #6
Dear Mr. Dunfee:
We are in receipt of your letter dated May 14, 1992 expressing
concerns in regards to potential impacts which could be generated
by the proposed interim fire station facility, currently under
construction at 2396 Fenton Street.
We would like to inform you that the request which was filed by the
Chula vista Fire Department was for a 90 day, temporary,
conditional use permit which would allow utilization of the subject
site as a fire station facility. Any future request for time
extensions shall be subject to review and approval by the Planning
Commission.
In response to your questions, regarding project access,
architecture, noise impacts, toxic materials handling and property
value impacts, we would like to clarify that:
a) Access into the site will be provided via Fenton Street. The
proposed driveway access will be located approximately 170
feet from the southeast corner of the Lane Avenue and Fenton
Street intersection.
The Engineering Department has reviewed the submitted
development proposal and has not identified any significant
traffic pattern changes as a result of the proposed use.
b)
Due to the temporary nature of the use, modular units are
proposed to house the truckport and office functions. The
proposed building design has been approved by the Eastlake
Design committee and by the Chula vista Planning Department.
fJ - I
276 FOURTH AVE/CHULA VISTA. CALIFORNIA 9191011619} 691-5101
c) The Fire Department estimates to receive an aver~ge of 1
emergency call per day (which would requ1re use of
airhorn/siren) at the subject facility; however additional
vehicular movements in and out of the site that would not
generate exessive noise disturbance to adjacent properties are
anticipated.
d) The Fire Department has indicated that no toxic materials will
be stored on site.
I hope that the aforementioned information will alleviate some of
your concerns relating to this project. Detailed site and
landscaping plans as well as building elevations are available for
your review at the Planning Department.
If you have any further questions, please don't hesitate to call me
at 476-5331. .
/
5i cerely '~1 ~
r;LL tUj
ssi~tant Planner
AW/mh
f0.:2..
CITY OF CHULA VISTA
dp
.
DUNFEE PROPERTIES, Inc.
(619) 535-0388
R~CEJVE2D
jUN".
]~.
PLANNI/J(.
June 22, 1992
Mr. steve Griffin
Senior Planner
city of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Interim Fire station #6
Dear Steve:
Thank you for taking the time to meet with me Wednesday, June 17.
It is my understanding that based on our conversation,
construction on the temporary structure that will be Interim Fire
Station #6 has been haltered by your order. This status will
remain until a full public hearing will take place at Planning
Commission on July 8. Apparently, the Planning Department had
elected to gain approval for the construction of this facility
through an administration approval. This remedy is only
available for temporary structures for use of 90 days or less.
Since by your own admission, the permanent fire station site in
Salt Creek will not be available for a period far beyond 90 days
(potentially many years), this administrative CUP was a mistake
and improperly granted without the requisite public hearing.
As you are now aware we feel these inexpensive prefabricated
modular structures are an eyesore and totally unappropriate in a
business park environment. As I mentioned several times we have
no problem with the use of a fire station on the fact that we
might be neighbors. The existing temporary unit, a windowless
painted plywood type finish, was sited to block our street
visibility and light.
There are numerous other sites (Southend of lot 1, lot 3 & 4,
etc.) within Eastlake Business Park that, with appropriate and
timely review, will provide a more suitable and compatible
temporary site for the fire station.
6480 Weathers Place' Suite 220 . San Diego, California 92121
E - I
Mr. steve Griffin
Page Two
June 22, 1992
with the long, arduous, and extremely expensive architectural
review we were forced to endure by the Eastlake Architectural
Committee and the City of Chula vista's Design Review Committee,
I am in complete disbelief that this ill conceived temporary plan
was permitted.
I will be there July 8 to address these and other concerns and
issues that need regarding the relocation of this station.
Sincerely,
California Land Associates, No. 1
A C07if;r~ Lj)(7:ershiP
G~~ Dunfee,Afu~q.
Managing General Partner
cc: Mr. Hank Gotthelf
E.-~
city Planning Commission
Agenda Item for Meeting of July 8, 1992
Page 1
5.
PUBLIC HEARING:
Conditional Use Permit PCC-92-40 a
Request to Construct Interim Fire station
No. 6 - City of Chula Vista, Applicant
A. BACKGROUND
The City of Chula Vista proposes to construct Interim Fire
Station No. 6 at the southeast corner of Fenton street and
Lane Avenue, 2396 Fenton street, APN 595-232-10, in the BC-1
zoning district as defined in the EastLake Planned Community
District Regulations. This station will be temporary until
such time as a permanent station is constructed on Mt. Miguel
Road south of East "H" Street.
The Environmental Review Coordinator has determined that this
project is a Class 3 (c) Categorical Exemption per the
California Environmental Quality Act (CEQA).
B. RECOMMENDATION
Based on findings contained in section "E" of this report,
Staff recommends that the Planning commission adopt a motion
to approve the request, PCC-92-40, to construct an interim
fire station at the southeast corner of Lane Avenue and Fenton
street, subject to the following conditions:
1. Any changes to the proposed site plan and/or building
architecture shall be subject to approval by the Director
of Planning prior to issuance of building permits.
2. A "no-fee" construction permi t is required for
construction of the driveway approach in the street
right-of-way.
3. If the exemptions in the grading ordinance are not met,
the developer is required to obtain a "no-fee" grading
permit.
4.
This permit shall be subject to any and all new,
modified, or deleted conditions imposed after adoption of
this resolution to advance a legitimate governmental
interest related to health, safety or welfare which City
shall impose after advance written notice to the
permittee and after the City has given to the permittee
the right to be heard with regard thereto. However, the
City, in exercising this reserved right/condition, may
not impose a substantial expense or deprive Permittee of
a substantial revenue source which the Permittee can not,
in the normal operation of the use permitted, be expected
to economically recover.
,
{~ I
PCC-92-40 - INTERIM FIRE STATION NO. 6
Julv 8. 1992
5. This conditional use permit shall become void and
ineffective if not utilized within one year from the
effective date thereof, in accordance with Section
19.14.260 of the Municipal Code. Failure to comply with
any condition of approval shall cause this permit to be
reviewed by the City for additional conditions or
revocation.
Page 2
C. DISCUSSION
Ad;acent Zonina and Land Use:
ZONING
LAND USE
site BC-1 (PC) Vacanti 1 Structure
North BC-1 (PC) Vacant
South BC-1 (PC) Vacant
East BC-1 (PC) Industrial
West BC-1 (PC) Industrial
Existina site characteristics
The si te is a pregraded pad which is currently in a highly
disturbed condition with recent grading having been done in
preparation for construction of the fire station. (Work has
stopped until the outcome of the public hearing for this
conditional use permit.) The site slopes gently from the southeast
corner to the northwest corner, but after construction will drain
to the northeast corner. Landscaping surrounds the parcel to the
north, east and west.
ProDosed use
Proposed Interim Fire Station No. 6 consists of two structures
totaling approximately 2,340 square feet which will occupy the
northeast portion of the site. Since construction had already
started, the apparatus parking bay, a modular structure sits about
50 feet south of the northern property line and, at its nearest
point, about 26.5 feet from the eastern property line.
The personnel structure will sit about 60 feet south of the
northern property line and about 105 feet east of the western
property line. The area where the foundation for the personnel
structure is to be poured was being excavated prior to suspension
of work.
F,).
PCC-92-40 - INTERIM FIRE STATION NO. 6
Julv 8. 1992
Page 3
D. ANALYSIS
Conformance with EastLake Reaulations
Fire Station No. 6 is proposed for this location on an interim
basis. Its life span depends on when the permanent station on
Mt. Miguel. Road will be built. At this time, the Fire
Department has not set a date for start of construction for
the permanent station.
The use as a fire station requires a conditional use permit
per section VI. 0.2. I of the EastLake I Planned Community
District Regulations. This section states:
"Temporary use of properly-designed mobile trailer units
for classrooms, offices, banks, etc., for periods not to
exceed ninety days subject to administrative review.
Reauests for such uses of more than ninetv davs in
duration shall reauire the approval of a Conditional Use
Permit bv the Plannina Commission. Such units shall meet
all necessary requirements of building, fire and health
codes." [Emphasis added).
The proposed use can meet the performance standards for the
Business Center District as outlined in Section IV.3 of the
EastLake I Planned Community District Regulations.
Conformance with The General Plan
The proposed Interim Fire Station No. 6 conforms with and
implements provisions of Section 2.1 of the Safety Element of
the General Plan as follows:
"1. As a general rule, fire stations shall be
distributed so as to meet the service levels
established in the thresholds standards. These
standards establish as a general rule that 75% of
all dwelling unit responses should be within a 5
minute response time and 95% within a 7 minute
response time."
CONFORMANCBI The placement of Interim Fire station No. 6 at
this location will bring virtually all residences and
businesses in EastLake within this threshold standard.
"2. The precise location of fire stations shall be
determined by:
a. Land Use Pattern, residential density and
building intensity.
F~ 3
PCC-92-40 - INTERIM FIRE STATION NO. 6
Julv 8. 1992
Page 4
b. Street patterns and traffic volume.
CONFORMANCB: The land use pattern surrounding the site is
industrial while the building intensity has not reached a
maximum as the area is not at build-out. Both Fenton Street
and Lane Avenue are, at present, lightly travelled streets for
the same reason.
"3. Fire stations should be sited on arterial streets
or collectors. If circumstances require the
location of a fire station on a minor street, the
said minor street should lead directly to an
arterial street or collector."
CONFORMANCE: The site for Interim Fire station No. 6 is
located at the intersection of Lane Avenue and Fenton Street.
Lane Avenue is a collector street which permits direct access
to Telegraph Canyon Road, a prime arterial, to the south,
while Fenton Avenue is a minor street which permits direct
access to EastLake Parkway to the west.
"4. Fire stations may be located on corner lots, with
primary and secondary (alley) access. stations
should be situated a minimum of three hundred feet
(300') from signalized intersections."
CONFORMANCE: The site is at the southeast corner of Fenton
Avenue and Lane Street, as mentioned earlier. There will be
no secondary access to the site. The nearest signalized
intersection to the station is at Telegraph Canyon Road and
Eastlake Parkway, more than 300 feet away.
"5. Fire station sites must be large enough to
accommodate a station office, living quarters for
the on-duty personnel, areas for apparatus storage
and maintenance, off-street parking, and
environmental amenities, such as landscaping and
walks. Where stations are located in areas of
anticipated growth, the fire station site should be
of adequate size to accommodate planned expansion.
New fire stations should be built to house no less
than two apparatus."
CONFORMANCB: The site, architectural and floor plans and
elevations show living quarters, an area for apparatus storage
and maintenance, off-street parking, 1andscaping and walks.
Even though this is a temporary station with a limited life
span, the site is large enough to accommodate expansion, but
will house only one apparatus for this reason.
{'l(-
PCC-92-40 - INTERIM FIRE STATION NO. 6
Julv 8. 1992
"6. The design of fire stations should be
environmentally and aesthetically compatible with
adjacent land uses."
Page 5
CONFORMANCB: The proposed interim fire station will consist
of two modular structures, a personnel building and an
apparatus parking bay, and include a covered patio area which
will architecturally link the two main building segments of
the facility.
The personnel building and apparatus parking bay have been
designed in a manner which will not only yield functionally
appropriate buildings, but will also result in the development
of a facility which will architecturally complement and be
compatible with the structures in the immediate area. The
proposed architectural design was reviewed and approved by the
EastLake Design Review Board on February 14, 1992.
The proposed structures, although temporary in nature, will be
installed on permanent foundations. The exterior articulation
of the rectangular building masses will be kept simple and
streamlined, in keeping with the contemporary theme of the
business center, and will incorporate a 36 inch high parapet
along the structures' roof perimeters. The buildings'
exterior will be treated with T1-11 mansard vertical siding.
The proposed color palette will consist primarily of gray wall
color and teal green accent color combinations which are
consistent with the color scheme of the structure to the east
of the site.
Staff found the proposed architecturally enhanced modular
building design solution to be an acceptable and appropriate
alternative to a "permanent" structure, given the temporary
nature of the facility, and concluded that the facility will
positively contribute to the appearance and development of the
EastLake Business enter.
"7. Where practicable, fire station houses should be
one story in height."
CONFORMANCB: The personnel structure will be one story at
11'4", while the apparatus parking bay will be 15'6". Both
structures will have only one story.
E. FINDINGS
1. That the proposed use at the location is necessary or
desirable to provide a service or facility which will
contribute to the general well being of the neighborhood
or the community.
,:", ~
PCC-92-40 - INTERIM FIRE STATION NO. 6
Julv 8. 1992
Page 6
The proposed use will contribute to the safety
and welfare of the community by improving the
currently available fire services and response
time within the eastern territories and
provide a facility in close proximity to the
intended service areas.
2. That such use will not UDder the circumstances of the
particular case, be detrimental to the health, safety or
qeneral welfare of persons residinq or workinq in the
vicinity or injurious to property or improvements in the
vicinity.
The interim use of the subject site as a fire
station will not detrimentally affect the
health, safety or welfare of persons residing
or working in the vicinity or be injurious to
property or improvements in the vicinity in
that the proposed use is temporary and a Class
3 (c) Categorical Exemption per CEQA.
3. That the proposed use will comply with the requlations
and conditions specified in the code for such use.
The proposed use complies with Section
VI.O.2.I of the EastLake I Planned Community
District Regulations for the BC-1 zone and
pertinent Municipal Code requirements in that
this is a temporary use compatible with
surrounding uses, and any construction or
grading work will be done in compliance with
the regulations of the City of Chu1a Vista.
4. That the qrantinq of this conditional use permit will not
adversely affect the General Plan of the City or the
adopted plan of any qovernment aqency.
The temporary use of the site as a fire
station facility will not adversely affect the
General Plan of the city of Chu1a Vista in
that it will implement provisions of section
2.1 of the Safety Element of the General Plan.
F.t,
UNOFFICIAl. MINUTE,!
EXTRACT FROM MINUTES OF PLANNING COMMISSION MEETING OF JULY 8,
1992
COUMISSIONERS PRESENT:
Chair Fuller, Commissioners Carson,
Casillas, Decker, Martin and Tuchscher
5.
PUBLIC HEARING:
CONDITIONAL USE PERMIT PCC-92-40 - A
REQUEST TO CONSTRUCT INTERIM FIRE
STATION NO. 6 - CITY OF CHULA VISTA,
APPLICANT
Senior Planner Griffin said Interim Fire Station No. 6 would be
located at the southeast corner of Fenton Street and Lane Avenue
as indicated on the overhead projection. It would consist of two
structures totalling approximately 23,340 square feet on the
northeast portion of the site. Access to the site is off Fenton.
Work on construction of this building has stopped until the
outcome of this public hearing.
Construction of an interim facility was made a condition of
approval of the EastLake Project which is providing the funding.
It has received design approval by the City and the EastLake
Design Rev iew Boa rd.
The interim facility would be replaced eventually by a permanent
fire station in the Salt Creek Ranch Project. The Salt Creek
Ranch Tentative Map is currently being processed through the City
and will be completed soon.
The facility is needed in order for the City to maintain its
Threshold Standard for fire response time in this eastern area.
Based on the findings and conditions outlined in the staff
report, approval of this use at this location is recommended.
The item was double-~i~!d to the Planning Commission and on to
the Council on July ~- to minimize any delay on construction of
the project if approved. Action by Council, however, would
require an appeal. The Commission's decision would be final
unless an appeal is filed.
Commissioner Decker asked if, beyond the perimeter but still on
the property, is the City's responsibility? Does the City own or
lease the property? Will the City be responsible for
beautification of the area? At the present, there is only bare
ground beyond where the trees used to be.
City Fire Chief Lopez replied that the City is leasing the whole
parcel; that prior to construction the lot was empty and the City
F-1
EXTRACT - PLANNING COMMISSION MINUTES
JULY 8, 1992
2
plans to landscape the area adjacent to the facility only.
Commissioner Decker expressed curiosity about the buildings
asking if they were modular buildings that would be utilized
elsewhere when no longer needed. The Chief replied affirmatively
saying there was a possibility of utilizing them in the Otay
Ranch area.
The Commissioner also asked about provisions made for the
handicapped in the bathroom facilities. The Chief replied that,
per the American Disabilities Act, all new buildings, even
temporary, must have access for the handicapped.
Chair Fuller referenced the project location shown on the Locator
Map in the packet, and asked what use is planned for the rest of
the property closest to Otay Lakes Road? Staff replied that they
knew of no plans but Mr. Stevenson from EastLake was present and
could answer further if needed.
Commissioner Tuchscher asked why the whole site was not being
1 ands caped? Mr. Griff in repl ied that all the lots had been
graded and there was no interim landscaping on any of the vacant
lots, therefore, his assumption was that it was considered
unnecessary.
This being the time and the place as advertised, the public
hearing was opened.
Jerome E. Eggers, 350 W. Ash, San Diego, 92101, an attorney for
California Land Associates, stated that his client owns an office
building to the immediate right of the proposed project. The
box-like, windowless equipment storage building abuts his
client's property line. From both aesthetic and business
purposes the location is a disastrous one. He congratulated the
City on "red-tagging" its own project when it was realized that
the neighbors had not been able to speak to its presence. He
said staff acknowledges that, although the building is termed
"interim", it will be there for quite a long time. There are
numerous other sites available, not on corners and not at the
landmark entrance to the commercial park.
~is client opposes the interim facilitv on aesthetic 9rounds and
because of its drastic negative effect on the atmosphere of the
business park and the property values in the area. He urged the
Commission to deny the appl~cation. Mr. Egger said there would
be no opposition to a fire station if it were a permane
facility and met the arc ~tec ur ~ s an ar s 0 e community.
No one else wishing to speak, the public hearing was closed.
Assistant Planning Director Lee pointed out that the testimony
rJ
EXTRACT - PLANNING COW1ISSION MINUTES
JULY 8, 1992
3
had focused' on the architectural aspect of the building, however,
the issue before the Commission was if this was an. appropriate
location for the fire station. It is important that the station
be located on Lane Avenue, a main connector road. It is an
interim facility although the exact time frame is unknown.
EastLake's offices are located directly across the street and
there are other buildings in and around the site location.
Chair Fuller asked if other sites had been available to the Fire
Department? Mr. Lee replied that other sites had been discussed
and this site was chosen by the Fire Department considering
response times, being on a major north-south connector and in
close proximity to Telegraph Canyon Road.
To accommodate someone who wished to speak, the public hearing
was reopened.
Gordon Dunphy, California Loan Associates, an adjacent property
owner, said his objection was to the lack of design of the
facility and its location. He asked why another location had not
been chosen? He said it was h.is understanding that no other
feasible sites were available and asked if EastLake would speak
to that.
Mr. Lee interjected that he had not meant to imply that there
were no other feasible sites.
Chief Lopez said they had chosen what, in their opinion, was the
best si te to serve the w hol e a rea. It is a main artery access
into the EastLake Greens area which will be one of their primary
concerns during the month of September. It is stated in the
EastLake Agreement that once the Otay Ranch Plan is approved by
the City, within five years a permanent site will be chosen for a
permanent station. It is not known how many stations will be
needed in Otay Ranch. Depending on circumstances involving Salt
Creek Ranch, the permanent station maybe located at this site.
It is being constructed, therefore, so that building can take
place on the site and the fire station still be operational.
Construction of a permanent station costs over $1/2 million and
if it had to be vacated, would be a great financial loss.
Chair Fuller asked if it had been necessary to chose a permanent
site at this time, would this location have been chosen? Chief
Lopez answered that with what development is now and if it never
grew any more, this is an ideal location and is the preferred
site of the ones offered.
The EastLake Representative indicated his willingness to answer
any questions the Commission might have.
No one else wishing to speak, the public hearing was closed.
;:, cor
EXTRACT - PL~NNING CO~rnISSION MINUTES
JULY 8, 1992
4
Commissioner Decker read aloud Finding .2 in the staff report
regarding the temporary basis of the subject site. He commented
that something will be decided within five years as compared to
the Otay Ranch time projection of 50 years. Chief Lopez
interjected that a determination would probably be made by the
end of the year and it would be built within five years.
MSUC (Carson/Casillas) 6-0 that based on findings contained in
Section wEw of the staff report, the Planning Commission approves
the request, PCC-92-40, to construct an interim fire station at
the southeast corner of Lane Avenue and Fenton Street, subject to
conditions 1 through 5.
Commissioner Tuchscher said he could understand the feelings of
the adjacent property owners regarding the design of the interim
building. He wanted to register his concern regarding what he
sees as substandard for City and public facilities.
Commissioner Casillas commented that the City is facing financial
problems and the availability of funds had to be a concern of
both staff and City Council during the design. If the City can
do without so much "gold-plating", the benefit would accrue to
the whole community. He appreciated Mr. Egger's concerns but the
City does not have excessive funds and does the best with what it
has. Hopefully, the landscaping will improve the visual impact.
Commissioner Tuchscher said he was in agreement and would vote in
support of the site selection. He also pointed out that
financial constraints are not accepted with regard to the private
sector projects.
Mr. Griffin reiterated for the benefit of the persons speaking in
opposition that the Commission action is final unless an appeal
is filed. Those persons speaking in opposition would be notified
by mail that they could file an appeal within 10 days. A fee is
requi red.
(~Il!'
RECEIVED
July 10, 1992
'Jlc:L 1..
1CJ~'"
'~., "
PLANNING
Mr. steve Griffin
senior Planner
city of Chula vista
276 Fourth Avenue
Chula vista, CA 91910
Re: Planning Commission/Interim Fire station
Dear steve:
There were a number of questions raised last night
at the Planning commission Hearing. Although I was
present and capable of answering these questions,
the Commission I believe, understood staff's request
and took the appropriate action.
I will be on vacation at the time of the Council
hearing in late July and will be unable to answer
questions that might arise. It is for that reason
that I would like to respond and clarify some issues
that were brought forth last night. Please feel
free to use the information in preparing the Council
for this agenda item.
Mr. Lopez responded to the questions regarding the
selection of the site and of the site plan. I
believe that his responses may have been
misunderstood by a majority of the Planning
Commission. The criteria for the selection of the
site was detailed in a "Letter of Understanding for
an Interim Fire station in EastLake" (Subsection 2).
After numerous meetings EastLake offered the City
three locations. These were a portion of Lot 1 in
the EastLake Business Center, the old farm house on
otay Lakes Road in Salt Creek, and the southeast
corner of Hunte Parkway and otay Lakes Road. The
Fire Department quickly determined that the farm
house did not meet their criteria. The southeast
corner of Hunte and otay Lakes Road did not meet the
criteria for a number of reasons. Some of these
included timing to grade and improve the site and
access versus slope issues pertaining to proposed
site designs.
r
..
.....
...
EASTLAKE
DEVELOPMENT
COMPANY
900 Lone Avenue
Suite 100
Chula Vista, CA 91914
(619) 421-0127
,AX (619) 421-1830
G--/
Mr. steve Griffin
July 10, 1992
Page two
The City then chose a portion of Lot 1. Another point that may
have been misunderstood is that the City has entered into a lease
onlv for the area shown on the lease as Exhibit "A". I have
attached this to show that this does not cover all of Lot 1.
Concerns over the balance of the lot regarding maintenance are
unfounded. EastLake Development Company periodically scapes each
lot we own in an attempt to keep them free from weeds and debris.
This is a regular practice that allows for proper marketing. In
addition, the slopes surrounding the site have already been
landscaped and are maintained by EastLake Development Company as
part of our "marketing corridor". The portion unaffected by the
lease would be maintained by EastLake in the same standards as
our remaining lots.
EastLake Development Company's Design Review Committee approved
the temporary use and design based upon, but not limited to the
following factors:
1. The criteria imposed by the City of Chula vista.
2. The use is temporary as it relates to the Letter of
Understanding for an Interim Fire station in EastLake
and the lease.
3. The magnitude of the structures are minimal and are
dwarfed by the average buildings in the Business
Center.
4. The use is appropriate for an industrial/office park.
Any concerns that EastLake offered these sites to the City to
benefit EastLake Development Company are untrue. The requirement
was conditioned in our SPA I approval. The need was dictated by
growth and the city's responsibility to provide the service. The
fact that the site is directly across the street from our
Corporate office should indicate that we feel the use and
construction is appropriate. We are paying for the construction
of the station and therefore have an interest that the
construction is cost efficient yet meets design standards.
Finally, by virtue of the lease we have effectively pulled five
&2-~
Mr. steve Griffin
July 10, 1992
Page three
(5) acres of saleable land off the marketplace until the
permanent location is resolved. Our cost and interest in this
project and the desire to make it appropriate for the entire
community is substantial.
Again, steve, I will be out of town and unable to attend the
Council hearing. Should you have any questions, please contact
me prior to July 16, 1992 or contact Bruce Sloan of our office.
COMPANY
CS:ds
cc: Bruce Sloan
G3
Des~~iption of Leased Premises
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AGREEMENT
FOR AN INTERIM AND PERMANENT FIRE STATION
IN EASTLAKE
This Agreement, dated this 6th day of February, 1992, for
the purposes of reference only, and effective as of the date last
executed by the parties, is between the city of Chula Vista, a
chartered municipal corporation of the State of california,
("city") and Eastlake Development Company, a California General
Partnership, hereinafter referred to as the "Developer", and is
made with reference to the following facts:
1 Recitals.
1.1 The Fire station Master Plan of the City of Chula Vista
identified a permanent site for a new, sixth City fire station
within the Salt Creek Ranch development. Because the Salt Creek
Ranch is presently in the General Development Plan stage and
lacks supporting infrastructure, it would be infeasible to
construct a permanent fire station within that development at
this time. However, given the development which has occurred in
the area, and the development which is underway, a sixth fire
station will be needed in the near future to meet the operational
requirements of the City's Fire Department in the area of
EastLake, EastLake Greens, Salt Creek Ranch, Rancho San Miguel,
and, if annexed to the City, the Western Parcel of the Otay Ranch
("Prospective Area of Need"). Therefore, the purpose of this
Agreement is to cover the terms and conditions for developing and
equipping an Interim and possibly Permanent Fire Station within
the Eastlake development. In addition, the development and
equipping of the Interim Fire Station satisfies the requirements
outlined in the Fire Station Master Plan (PART II, Section H1,
paragraph 2, page 35) dated February, 1989 and revised July 10,
1989, relating to the need for a fire station to be in operation
prior to ~reens development proceeding south of the specified
area.
1.2 Under the Eastlake-I SPA Agreement, PART III: Public
Facilities Financing Plan dated February 19, 1985, and Tentative
Map No. 84-7, Condition No. 15, as set forth in Council
Resolution No. 11960, adopted March 19, 1985, the Developer is
obligated to provide a one-acre fire station site within the
Eastlake-I Village Center, and, construct a permanent fire
station thereon, and to equip same.
1.3 While a new fire station may, depending upon the pace
of development, soon be needed to serve the Prospective Area of
Need, the City is still studying the optimal location for a
permanent site. Therefore, a fully equipped temporary fire .
station ("Interim Fire Station") is needed to serve said Area.
2 Obligatory Provisions.
.:(1<.,,::><:><1.
Coq 2-024
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.
The City and Developer hereby agree as follows:
2.1 provision of Land~ Duration of Lease.
The Developer agrees to provide a minimum one (1) acre site,
acceptable to the city, for use as an Interim Fire Station site,
for the period of time it takes the city to locate according to
the procedures herein established, finance, design, construct,
and commence operations at, a permanent Fire station in the
Prospective Area of Need.
2.1.1 ,Location of Interim Fire station site.
The Interim Fire Station shall be located at the Lane
Avenue site, described in the Plot Plan as "Temporary Site"
attached as Exhibit 1.
2.1.2 Nature of City's occupancy Right.
The city shall have only that interest in the Interim
Fire Station Site as is provided in this Agreement and the
attached Exhibit 2, the "Interim Fire station site Lease" ~nd
shall not accrue any fee interest in the interim site, except
according to the provisions of this Agreement. city and
Developer shall abide by all terms and conditions of Exhibit 2,
as if set forth fully in this Agreement.
2.2 BUILDING AND SITE IMPROVEMENT
2.2.1 Duty to Provide. The Developer shall provide
City with a turnkey Interim Fire Station. Such a turnkey
facility shall include all buildings and site improvements as
described below and in Exhibit 4 of this Agreement, as well as
tenancy in the Temporary Site, at zero (0) dol~a~~ rent, as
provided in this Agreement, including Exhibit 2.
2.2.2 General Specifications.
2.2.2.1 station House. The Developer shall
provide for a temporary modular building of approximately 1500
square feet for city use as an interim fire station. Said
building shall consist of: three (3) bedrooms, two (2) 3/4
bathrooms, and common areas configured to include a kitchen,
dining area, living room, private office, public greeting area
and sufficient closet space. Developer shall meet and confer with
city regarding interior design of Interim Fire station.
,
2.2.2.2 Truck Port. The Developer shall provide
an enclosed and covered truck-port with minimum dimensions of
twenty feet (20') in width and forty feet (40') in length. Said
truck-port shall have doors with minimum clearance dimensions of
fifteen (15') in width and twelve feet (12') in height at both
ends. Developer shall meet and confer with city regarding design
of the Interim Fire station truck-port.
G-&
, .
~
2.2.2.3 station House-Truck Port Connector. The
Developer shall provide a covered patio to connect the modular
building and truck-port. Said patio covering shall afford City
personnel well lighted, unobstructed truck-port ingress and
egress without exposure to rain. Developer shall meet and
confer with City regarding design of the covered patio.
2.2.2.4 Utilities. The Developer shall provide
all utility hook-ups (including water, sewer, gas, electric and
telephone, and cable television if cable television is available
during the time the interim fire station is operational)
landscaping and other non-building site work (including
driveways, turnarounds and paved areas for staff parking), and
all related street sigmlge/signing (i.e. warning lights and/or
signs).
2.2.3 Processing Design.
The attached site plan provides a preliminary defini-
tion of the proposed Interim Fire Station and its appurtenances.
Developer shall meet and confer with city regarding the final
configuration of the Interim Fire Station facility. It is the
intent of both parties that the final configuration will conform
to the preliminary design (attached as Exhibit 3 & 4) and
description outlined above as closely as determined feasible by
the parties.
All site plans shall be reviewed by City staff in
accordance with the City's standard review procedures and shall
meet the City's applicable design, building and signage criteria.
All site plans shall be subject to review and approval by the
City's Boards, Commissions and City Council. The City shall
specify in writing all reviews and approvals required.
In the event that the city and Developer are unable to
reach agreement after meeting and conferring as herein required,
the city shall have the right to make, at its sole discretion,
final revisions to any Interim Fire Station modular building, .
truck-port, landscape, signage or o~er site improvement designs.
The Developer shall be responsible for providing the
funds necessary to purchase the modular building, truCk-port and
covered patio. The Developer shall be r~sponsible for the costs
associated with undertaking all site-related and street-related
work. The costs estimated to be associated with the modular
G- '")
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building, truck-port and patio and for site-related work are
individually summarized below and are estimated at $177,356.00.
MODULAR BUILDING $ 64,931
TRUCK-PORT $ 18,000
SITE PREPARATION $ 26,975
UTILITIES $ 20,000
(hookups, permits, etc. )
LANDSCAPE $ 18,700
City STAFF SERVICES $ 9,750
CONSULTANTS $ 19,000
TOTAL ESTZHATED COST $177.356
2.2.4 FINANCIAL RESPONSIBILITY FOR COST OVERRUNS
The Developer shall be financially responsible for the
provision of the Interim Fire Station site and Improvements,
whose Total Estimated Cost is $177,356, regardless of actual
cost, except as provided in the following Subsections.
2.2.4.1 Any additions, deletions or changes in
the size, design, fixtures of the modular building or provisions
of the site or its improvements (hereinafter "Building/Site
Changes" as set forth in Exhibits 3 & 4), shall be subject to a
cumulative cost limitation of fifteen percent (15%) of the total
estimated cost, so that all such Building/Site Changes shall not
result in additional costs to Developer in excess of $26,603.40
above the total amount estimated above (without regard for the
individual estimates). City shall not by this provision be
limited from making modifications should it determine to bear,
and advance at the time of expenditilre by the Developer, the
,financial responsibility for such changes~ and
2.2.4.2 Developer's financial responsibility
under this Section shall not modify or i~ any way abridge
Developer's rights of credit and/or reimbursement as hereinbelow
provided with respect to "Development Impact Fee Credits
("DIF")."
2.2.5 Title to Building and site Improvements.
. Upon completion of the building and site improvements
made under the obligations of this Section, acceptance of same by
the City, and upon inclusion of same in the DIF assessment, title
to same, but not the land, shall be vested in the City, and
assigned to and accounted for in its General Fund.
G.-51
2.3 MAINTENAN~~ & UTILITIES
During the term of the lease, the City shall be responsible
for maintaining the property grounds and building as provided in
Exhibit 2, the "Interim Fire station Lease" and until then, the
Developer shall be responsible.
The City shall be responsible for utility costs after the
Interim Fire Station becomes operational, and until then, the
Developer shall be responsible.
^For all purposes of this Agreement, the Station will be
deemed "operational" when the Station is staffed by City
personnel and available ~or fire suppression duties.
2.4 STATION AND FIRE FIGHTER EQUIPMENT
The Developer shall be responsible for providing
furnishings, fixtures and equipment for the Interim Fire Station
subject to the terms and conditions of this Agreement. Said
furnishings, fixtures and equipment shall meet all standards of
functionality, as are customary for City fire stations. An
inventory of such items is attached to this Agreement as Exhibit
5. The city reserves the right to make final amendments, at its
sole discretion, to Interim Fire Station and Fire Fighter
equipment requirements. Any such .amendments shall be made by
City no later than one-hundred and twenty (120) days from the
date the station becomes operational. In any event, such equip-
ment shall not exceed the usual and customary fire station
equipment.
Developer shall be responsible for providing the funds
necessary to enable the city to purchase the fire pumper, pumper
related equipment, fire fighter related equipment and fire
station-related furnishings. These components, listed in Exhibit
5 along with their estimated cost, include, but are not limited
to, the following:
FIRE PUMPER: Triple combination, 1500 gallon per $223,762
minute fire pumper.-
Includes fire hose, nozzles, clamps $ 50,333
and adapters; breathing apparatus;
mobile and portable radios; booster
lines; resuscitator; defibrillator;
and related tools. .
Includes turn-out and related gear
and manuals.
Includes all related communications $ 24,713
equipment, kitchen appliances,
furniture, lounge furnishings and
exercise equipment.
FIRE PUMPER
EQUIPMENT:
FIRE FIGHTER
EQUIPMENT:
FIRE STATION
FURNITURE ,
FIXTURES AND
EQUIPMENT:
$ 13,554
TOTAL ESTIMATE
$312.362
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2.4.1 FINANCIAL RESPONSIBILITY FOR COST OVERRUNS 'ON
STATION AND FIRE FIGHTER EQUIPMENT
The Developer shall be financially responsible for the
funding of the City's acquisition of Fire Fighter and Fire
station equipment as provided hereinabove and the attached
Exhibit 5, whose Total Estimated Cost is $312,326, regardless of
actual cost, except as provided hereinbelow in the following
Subsections.
2.4.1.1 Any changes in the specification of
equipment, additions to equipment, .or substitutions of equipment
provided hereinabove orin Exhibit 5 ("Equipment Changes") shall
be subject to a cumulative limitation of fifteen percent (15t) so
that all such Equipment Changes shall not result in additional
costs to Developer in excess of $46,854.30. The City shall not
be limited by this provision should it determine that additional
Equipment Changes are desirable at its own expense; and
2.4.1.2 Developer's financial responsibilities
pursuant to this Section shall not modify.or in any way abridge
Developer's rights of credit and/or reimbursement as provided
hereinbelow with respect to "Development Impact Fee Credits."
2.4.2 Upon provision of the furnishings and equipment
made under the obligations of this Section, acceptance of same by
the City, and upon inclusion of the costs for same in the DIF
assessment, title to same shall be vested in the City.
3 PROCUREMENT AND FINANCING
The Developer shall be responsible for procuring financing
and bearing all other costs related thereto, and providing to
City all buildings and site improvements as provided and limited
in this Agreement.
The Developer shall be responsible for providing the neces-
sary funds to the City for any equipment described in Exhibit 5
of this Agreement subject to the limitations herein specified.
Upon request for such funds from city, Developer shall remit said
funds within thirty (30) days of the request.
Developer shall procure all items detailed in Exhibit 4 in
accordance with the terms and conditions set forth in Section 4:
"Developer construction of Various Public Facilities," of City
Ordinance #2320, which established the Public Facilities DevelOp-
ment Impact Fee and which is attached a~ Exhibit 6.
4 ADMINISTRATION OF CONTRACT
The City hereby designates the City Manager, or his
designee, as its representative for the review and administration
of the work performed by Developer herein required.
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The Develope~ .hall be responsible for r~~mbursing City for
City staff services that are directly related to the development
of the interim fire station, as is usual and customary for City's
standard capital projects, including, but not limited to, plan
design and review, and site/building inspection. Such reimburse-
ments shall accrue to City at the full cost recovery rate.
The City shall be responsible for all city staff costs
including general operating and insurance costs once the station
becomes operational.
5 DEVELOPMENT IMPACT FEE CREDITS
In consideration of the funding requirements herein placed
on the Developer', the Developer, and its successors as herein
permitted, shall be entitled to a credit against all or a portion
of the Fire Suppression System component of the Public Facilities
Development Impact Fee COIF) in the manner herein provided.
5.1 Permissible Expenditures. The credit shall be
determined following a cost accounting of expenditures which
takes into account:
5.1.1
5.1.2
5.1.3
5.1.4
5.1.5
the costs associated with the furniShings,
fixtures, and equipment for the Interim Fire
Station, as herein required of the Developer
and detailed in Exhibits 4 and 5 and
including contingency costs, if incurred.
Authorized costs shall include authorized
amendments made by the City within one-
hundred and twenty days from the date the
station becomes operational: and,
the costs associated with the Interim Fire
Station building and site improvement, as
herein required of Developer and including
contingency costs, if incurred: and,
the costs for street improvements associated
with the use of.the facility as an Interim
Fire Station, such as caution signs, warning
lights, etc, but not for developing any
infrastructure which may serve other parcels:
,
all reimbursements for city staff services
and City Consultant costs that are directly
related to the development of the interim
fire, as described in Section 5:
any special assessments, property based
taxes, special taxes or owner's association
dues paid by Developer while the site is
being used as an Interim Fire Station: and
G-1I
Shoo ~ the parcel be used as a jte for a
permanent fire station, upon cOwreyance of same to
the City:
5.1.5.1.
Neither City nor the Public Facilities
DIF shall be responsible, under any
conditions, for paying an any special
assessment, special taxes, or owner's
association dues, including monthly
charges of the Eastlake Business Center
owner's Associationr and,
5.1..5.2
Developer shall receive DIF credit for
costs of reallocating the Business
Center owner's Association among the
remaining Business Center parcels.
Any direct demolition costs incurred by the
Developer in removing any building or site
improvements abandoned by the City upon
termination of the lease term, net of the
fair market value of same. In the event that
any Developer receives more for the value of
said improvements upon sale there of than the
direct cost of demolition, Developer shall
pay said excess over to the City. No claim
hereunder shall be permitted except upon
proof of disposition of the building and site
improvements by the Developer, and proof of
proceeds therefrom.
5.1..6
All other expenses associated with the
Interim Fire Station which are accepted by
the city and included in the present DIF
assessment or future DIF assessments, as
provided in Section 5.2 & 5.3 below.
5.2 Processing of Creditsr Accounting Due Date. Said
accounting shall be performed at Developer'S expense one-hundred
and thirty (130) days after the Interim Fire station becomes
operational. The City shall review' said accounting within thirty
(30) days of submission of a complete accounting by Developer.
The city may challenge any expense itemized by Developer. If an
expense is challenged, Developer and city shall use good faith to
reconcile differences. The City shall, however, be the final
arbiter as to what is an acceptable expense for purposes of
determining the Developer'S DIF credit against the Fire
Suppression System component of the Public Facilities DIF.
5.1.7
5.3 Annual Updating. The City shall make a good faith and
best effort to update the Fire Suppression system Fund component
of the Public Facilities DIF once a year to account for the
Interim Fire Station costs, and to account for accepted periOdic
expenditures (e.g. assessments and taxes) made by Developer in
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subsequent years when the site is still being used
Fire station following its completion.
5.4 Use of Credits; Manner of Application. At such time as
the full costs incurred by Developer of the 7nterim Fire Station
are included by the city in the Fire Suppression System component
~f the Public Facilities D7F, and the Developer's D7F-eligible
expenditures are determined by the City, the Developer shall be
entitled to meet its obligation to make D7F contributions (upon
the issuance of building permits) to the Fire Suppression System
component of the Public Facilities D7F by application of said
balance to the required D7F contribution. i'he amount of said
credits shall be equal to the then current (i.e., at the time the
building permits 'are pulled) D7F rate allocable to the Fire
Suppression System component times the number of Equivalent '
Dwelling Units for which building permits are issued. Developer
shall have the right to assign all or a portion of its credits
from time-to-time to third parties. upon written notification to
city. As said application is made. the city shall determine the
difference between the D7F eligible expenditures made by the
Developer on the 7nterim Fire Station and applications made
against said amount under the authority of this Section.
for an 7nterim
5.5 Refund. i'he terms of repayment or refund shall be in
accordance with the terms set forth in City of Chula Vista
Ordinance No. 2320, which established the Public Facilities D7F
and which is attached as Exhibit 6, as such may be from time to
time amended.
6 i'7M7NG
i'he facility shall be completed, and ready to be utilized
within City's fire suppression and emergency response system, as
determined solely by City, by no later than June 30, 1992. All
equipment/furnishings, except as subsequently noted, shall be on-
site and installed no later than July 31, 1992 or, if the
facility is completed sooner, 30 days of completion of the
facility. Fire fighter equipment shall be available no later
than May 30, 1992, or if the facility is operational sooner,
sixty (60) days prior to the facility becoming operational. i'he
fire pumper shall be available by March 1, 1992. Developer shall
use good faith and best efforts to have the 7nterim Fire Station
completed and to have all equipment avail~ble on the dates set
forth herein or upon later dates agreed tb by the City. i'he time
frames set forth herein may be modified by mutual agreement of
the Parties. i'hey shall be subject to the time required for city
approval of the site design and improvements, delays caused by
the unavailability of materials and equipment, war, earthquake,
flood, or national, state or regional emergencies.
7 i'ERM
The City shall have the right to occupy the Interim Fire
Station until such time as it takes the city to finance, design,
G-/3
construct, and comme ~ operations at, a perman" ':. Fire station
in the Prospective A.._a of Need. -- !
8 PERMANENT FIRE STATION: SITE
8.1 Duty to Retain Interest During Term.
. Developer shall not sell, hypothecate, or otherwise transfer
any interest in the Temporary site and shall remain able to
convey clear, marketable title to same, during the time City has
the right to occupy the Interim Fire Station Site, except (1) in
conjunction with a sale, transfer or hypothecation of all or a
substantial portion of the interests of Eastlake Development
company to a third party, including a pledge of assets as may be
required from time to time by any creditor of Developer, and then
only with 30 days advance written notice to the prospective
transferee, with a copy of same to the City, of the City'S
interest under this Agreement and consent of transferee to
recognize the City'S option to title, or (2) upon consent by the
City to relocate the Interim Fire station to an alternative site
in Eastlake, said consent to be at sole discretion of city which
will not be unreasonably withheld.
8.2 Duty to Determine Permanent site Location.
Following approval of the General Development Plan ("GDP")
for the western parcel of the otay Ranch and the land use element
of the General Plan ("LOE/GP") applicable to the western parcel
of the otay Ranch, the City shall commence determining its
location for the placement of a permanent station ("Permanent
station Site", or alternatively, "Permanent Site") in the
Prospective Area of Need, and shall use reasonable diligence to
determine said location, obtain financing, design, construct and
commence operations at the Permanent site not later than 5 years
from the date of approval of the GDP and the LOE/GP, or as soon
thereafter as is possible, but not later than the year 2001. The
date upon which the City determines the location of the Permanent
Fire Station shall be herein referred to as the "Date of
Permanent Site Determination".
8.3 Permanent Site is at the Interim Fire station site.
If the Permanent site is determined by the City to be at the
location of the Interim Fire station site, the following rights
and duties obtain:
8.3.1 Duty to Convey Fee Title to City.
. Developer shall convey title to the Temporary Site to
City, together with all improvements, appurtenances, rights,
privileges, and easements benefitting, belonging or pertaining
thereto, in fee simple, free of all monetary liens, taxes and
encumbrances.
8.3.2 Duty to Build and Equip Permanent Station.
If the Permanent Fire Station is at the location of the
Interim Fire Station site, Developer will use good faith and best
b- 1<;-
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efforts to provide~ue Permanent Fire Station wnen required by
the city, but in no event later than 18 months after the Date of
Permanent Site Determination, subject to the right of Developer
to request extensions thereof, which request right is hereby
allowed upon proof submitted by the Developer that (1) Developer
has not recovered, through the use of credits against the fee for
fire facilities, eighty percent (80%) of Developer's eligible
costs associated with the Interim Fire Station, as determined by
the City according to this Agreement, or (2) refunds paid to the
Developer in conjunction with the aforementioned credits are less
than 80% of Developer'S eligible costs, or (3) funds contributed
towards the costs of the Permanent Fire Station from the Fire
Component of the Public Facilities DIF in conjunction with the
aforementioned credits are less than 80% of Developer's eligible
costs.
8.4 Permanent Site is in EastLake, Not at the Interim Site.
8.4.1 Permanent Site is Supplied with Infrastructure
at the Date of Permanent Site Determination.
If the Permanent Site is determined by the City to be within the
territory of any tentative map, within City or City's "sphere of
influence" which is applied for, owned or sponsored by Developer
and served by paved streets, water, sewer, electricity, gas and
telephone utilities ("Served by Infrastructure"), the following
rules obtain: Developer will use good faith and best efforts to
provide the Permanent Fire Station when required by the City, but
in no event later than 18 months after the Date of Permanent Site
Determination, subject to the right of Developer to request
extensions thereof, which right to request is hereby allowed upon
proof submitted by the Developer that (1) Developer has not
recovered, through the use of credits against the fee for fire
facilities, eighty percent (80%) of Developer's eligible costs,
as determined by the city according to this Agreement, associated
with the Interim Fire Station, as determined by the City
according to this Agreement, or (2) refunds paid to the Developer
in conjunction with the aforementioned credits are less than 80%
of Developer's eligible costs, or (3) funds contributed towards
the costs of the Permanent Fire Station from the Fire Component
of the Public Facilities DIF in conjunction with the
aforementioned credits are less than 80% of Developer's eligible
costs.
8.4.1.1 If the permaneni Fire Station is in
Eastlake, Developer shall be given credit, for costs related to
construction of the permanent fire station, against Public
Facilities Developer Impact Fee: Fire Suppression System, in
accordance with Ordinance No. 2320, as 'same may, from time to
time, be amended, and the rules and regulations promulgated
thereunder.
8.4.2 Permanent site is not Supplied with Infra-
structure at Date of Permanent site Determination.
G- I.J
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:If tne Permanent SJ.te is determ.u\ed by the City to
be within the territory of any tentative map, within City or
City's "sphere of influence" which is applied for, owned or
sponsored by Developer but not Served by :Infrastructure the
following rules obtain: Developer will provide the Permanent
Fire station with reasonable diligence after said site is Served
by :Infrastructure, but in no event later than 18 months after the
date upon which said Permanent Site is Served with :Infrastructure
subject to the right of Developer to request extensions thereof,
which request right is hereby allowed upon proof submitted by the
Developer that (1) Developer has not recovered, through the use
of credits against the fee for fire facilities, eighty percent
(80t) of Developer's eligible costs associated with the :Interim
Fire station, as determined by the city according to this
Agreement, or (2) refunds paid to the Developer in conjunction
with the aforementioned credits are less than 80t of Developer's
eligible costs, or (3) funds contributed towards the costs of the
Permanent Fire Station from the Fire Component of the Public
Facilities D:IF in conjunction wi~ the aforementioned credits are
less than 80t of Developer's eligible costs. Nothing herein
shall obligate the Developer to provide the Permanent Station
site with the above referenced infrastructure outside of the
normal course of development by virtue of its being selected by
the City as the Permanent Station Site.
8.4.2.1 :If the Permanent Fire station is in
Eastlake, Developer shall be given credit, for costs related to
construction of the permanent fire station, against Public
Facilities Developer :Impact Fee: Fire Suppression System, in
accordance with Ordinance No. 2320, as same may, from time to
time, be amended, and the rules and regulations promulgated
thereunder.
8.S Permanent site is Not in EastLake
:If the Permanent Fire station is not within the territory of
any such map, Developer shall have no further obligation after
expiration of the lease term, with respect to such Station under
the terms of this Agreement. Nothing herein shall obligate or
exempt the Developer from charges, taxes, assessments (including
impact fees) otherwise lawfully imposed.
:In such case, city shall use its best efforts to acquire the
real property necessary for such a site ~nd enter into agreements
with respect to its financing and construction as soon as
feasible. .
8.6 Duty to "Provide" Fire stati~n.
As the term is used in this Agreement to impose on the
Developer a duty to provide a Permanent Fire station, it shall
mean that Developer shall do the following:
8.6.1 Provide the funds for, or, at the option of the
b--Ib
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Developer, plan, design, and construct, to the specifications
reasonably set and approved by the City, a two bay, 4,000 square
foot fire station facility.
8.6.2 Irrespective of whether the permanent fire
station is located in EastLake, Developer shall not be required
to purchase requisite apparatus, equipment and tools as herein
required. That is to say, the apparatus, equipment and tools
purchased as required in this Agreement for the temporary Fire
station shall be transferred to the Permanent Fire station upon
completion of said Permanent Fire station.
S.7 City's Entitlement to Reimbursement for Land
Contribution. .
Prior to the establishment of the Public Facilities DIF for
Fire Facilities, City negotiated with Developer for a one acre
permanent fire station site within the Eastlake-I Village Center.
This site was obtained by city in exchange for various project-
specific considerations granted by city. Having procured the
aforementioned one acre site for considerations of equal value,
and, having mutually agreed that a one acre site in the
Eastlake-I Business Park (the Temporary Site) is the preferable
site if a permanent fire station is constructed in Eastlake, City
and Developer agree that City shall receive reimbursement from
the Public Facilities DIF: Fire Suppression System Fund for
providing the requisite land, if the Temporary Site is used for
the Permanent Fire Station.
9 PROCESSING OF ENTITLEMENTS
City and Developer agree to the following as a result of
Developer's reserving a site (the temporary site or other site
within EastLake as specified above) for the Permanent Fire
Station:
1. The Eastlake-I SPA Agreement provision and subsequent
map condition (Tentative Map No. 84-7, Condition No.
15, Resolution No. 11960) ~equiring the dedication of a
one-acre fire station site within the East1ake Village
Center has been waived.
2. City agrees to process at Developer's expense a SPA
Amendment for the Village Center Area which, if
approved, would convert the previous Open Space/Public
Use designation of the one acre fire station site to a
commercial use designation. City's agreement to
process the proposed amendment does not imply that said
SPA Amendment will be approved. Furthermore, such
processing shall be subject to all discretionary City
actions and public hearings as required and, if
necessary, environmental review.
G~ /'7
3. City agrE to process a SPA Amendme ! for the area
surrounding the Temporary Site. city's Agreement to
process the proposed amendment does not imply that said
SPA Amendment will be approved by City. Furthermore,
such processing shall be subject to all discretionary
City actions and public hearings as required. (See
Exhibit 7 for approximate boundary of the SPA
Amendment) .
10 ATTORNEY FEES
:In the event of any dispute between the parties, the pre-
vailing party shall recover its attorney fees, and any costs and
expenses incurre.d by reason of such dispute.
:IN W:ITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the date first set forth.
City of Chula Vista
Developer
~/L~/;.A_
Mayor
c:;;:; () f2dt'-f
C.ity <fe'rk
ov d a~o
Bruce M. Boogaard
City Attorney
6-- I~
Exhibit 1.
Exhibit 2.
Exhibit 3.
Exhibit 4.
Exhibit 5.
Exhibit 6.
Exhibit 7.
Exhibit List
The Lane Avenue site Plot Plan
Interim Fire station site Lease Agreement.
Preliminary design of the Interim Fire Station
Site.
Building and Site Improvements.
Furnishings, fixtures and equipment for the
Interim Fire Station.
Section 4: "Developer Construction of Various
Public Facilities," of City Ordinance '2320, which
established the Public Facilities Development
Impact Fee.
Approximate Boundary of the SPA Amendment for the
area surrounding the Temporary Site.
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UI\ IlJll\lAL
INTER" FIRE STATION SITE LEASE, . .EEMENT
Exhibit 2
THIS LEASE, dated as of
EASTLAKE DEVELOPMENT COMPANY, a California
("Landlord"), and THE CITY OF CHUIA VISTA,
tion ("Tenant").
, 1991, is between
general partnership
a municipal corpora-
THE PARTIES AGREE AS FOLLOWS:
1. PREMISES
1.1 Premises. Landlord leases to Tenant and Tenant hires
from Landlord, on the terms, covenants and conditions hereinafter
set forth, that certain real property (the "Premises") situated
within the Eastlake Development in the City of Chula Vista,
County of San Diego, State of California, more particularly
described in Exhibit "A" attached hereto and incorporated herein.
2. ~
2.1 Condition Precedent to Commencement of Term.
Notwithstanding any other provision contained herein the
commencement of this Lease and obligations hereunder shall be
eXpressly subject to a condition precedent that the Agreement
known as the "AGREEMENT FOR AN INTERIM AND PERMANENT FIRE STATION
IN EASTLAKE" (hereinafter "Agreement") is approved by the City
Council of the City of Chula Vista in accordance with their
procedures without modification except as accepted by Landlord.
Landlord's satisfaction with the Agreement shall be evidenced by
Landlord's execution of the Agreement in a manner provided for
therein.
2. 2 ~. The term of this Lease shall commence upon
receipt of written notice from the City Manager of Chula Vista by
Eastlake Development Company that the Fire Station Improvements
to be constructed on the site are "Qperational." For purposes of
this Agreement the Station will be deemed Operational when it is
staffed by city of Chula Vista personnel and available for fire
suppression duties as provided in the notice. The Term as
provided herein shall end upon written notice to Eastlake
provided by the City of Chula Vista that'the City has completed
or caused to be completed the construction of a permanent fire
station either within the confines of the property owned by
Landlord or otherwise.
&-~J
3. RENTAL
3.1 Rental. Tenant shall have a right in consideration of
the covenants contained in the AGREEMENT FOR AN INTERIM AND
PERMANENT FIRE STATION IN EASTLAKE to occupy the Premises free of
charge.
\.
4. REAL PROPERTY TAXES
AND OWNERS' ASSOCIATION FEES
4.1 PaYment of Real Pronertv Taxes and OWners' Association
fin. Landlord shall pay all real property taxes when due and
payable. Landlord shall also pay any and all owners' association
dues or fees which may become due and payable on the Premises all
in accordance with the Agreement.
4.2 Credit for ~axes and Owner's Association Fees. .
Landlord's payment of real property taxes and owners' association
dues or fees shall be subject to a credit against certain fees
owed by Landlord to Tenant, as more fully set forth in the Letter
of Understanding [defined below).
5. IMPROVEMENTS
5.1 Imnrovements. Landlord shall construct certain
improvements on the Premises (the "Improvements") as more fully
set forth in that certain AGREEMENT FOR AN INTERIM AND PERMANENT
FIRE STATION IN EASTLAKE, dated , 1992, by and
between Landlord and Tenant. Upon completion,~enant, subject to
Tenant's complying with the requirements of the Covenants,
Conditions and Restrictions ("CC&Rs") shall have the right to
make any alterations, additions, utility and sign installations
or further improvements on the Premises without the prior consent
of Landlord. After the term of this Lease, ~enant shall have the
right to remove all Improvements. If Tenant fails to remove any
or all of the Improvements within ninety (90) days after the
expiration of the term of this Lease, such Improvements may be
disposed of in the manner set forth in the paragraph relating to
"DEVELOPMENT IMPACT FEE CREDITS" of. the "Agreement".
6. MAINTENANCE AND REPAIRS
6.1 Tenant's Obliaation for Maintenance of Premises and
Imnrovements.
6.1.1 Good Order. Condition and Renair. It shall
be solely the obligation of ~enant to keep the Premises and
Improvements in good repair and in a clean, sanitary condition
during the term of this Lease.
2
G - ;).;).
6.1.2 Condition Ucon Surrender. At the expiration
of this Lease, Tenant shall surrender the Premises, broom clean,
in good sanitary order, condition and repair, ordinary wear and
tear excepted. As provided in this Lease, Tenant shall have the
right to remove any and all Improvements on the Premises, in its
sole discretion, and shall repair any damage to the Premises
caused by such removal.
6.2 No Maintenance Resconsibi1itv for Landlord. The
parties intend that Landlord shall have no obligation, in any
manner whatsoever, to repair ~d maintain the Premises, nor the
Improvements thereon, . nor the equipment therein, all of which
obligations are intended to be that of Tenant. Tenant waives the
benefit of any statute now or hereinafter in effect which would
otherwise afford Tenant the right to make repairs at Landlord's
expense or to terminate this Lease because of Landlord's failure
to keep the Premises in good order, condition and repair,
including, but not limited, to California Civil Code Sections
1932, 1933, 1941 and 1942.
7. USE OF PREMISES
7.1 Permitted Use. Tenant shall use the Premises solely as
a fire station and for emergency services, and shall make no
other use of the Premises except for fire station and emergency-
related services.
7.2 Protective Covenants. Tenant will (i) comply with any
covenants, conditions and restrictions affecting the Premises on
the Commencement Date, (ii) immediately give Landlord written
notice of receipt by Tenant of any notice of violation under any
. protective covenants and (iii) indemnify and hold Landlord
harmless from any liability or costs (including attorneys' fees)
indirectly or directly arising out of Tenant's violation of any
of the protective covenants.
7.3 Utilities Costs. Tenant shall pay directly to the
appropriate supplier, the monthly eost of all natural gas, heat,
'light, power, sewer service, telephone, water, refuse disposal,
and other utilities and services supplied including without
limitation any taxes or additional fees or charges levied upon
the provision of such services to the Premises.
8. HAZARDOUS MATERIAlS
8.1 Prohibition of Hazardous Materials. Tenant shall not
cause or permit any hazardous materia1'to be brought upon, kept
or used in or about the Premises by Tenant, its agents, employ-
ees, contractors or invitees without the prior written consent of
Landlord, which may be withheld in Landlord's sole and absolute
discretion. Tenant shall, at its own expense, at all times and
in all respects comply with all hazardous materials laws.
3
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The term .fazardous Materials" as UL ~ herein shall
mean any federal, state or local laws, ordinances, codes,
statutes, regulations, administrative rules, policies and orders
and other authority, existing now or in the future, which '
classify, regulate, list or define hazardous substances,
materials, wastes contaminants, pollutants, including without
limitation any legal authority, regulations, or policies relating
to or implementing such Hazardous Materials laws.
9. INSURANCE AND INDEMNITY
9.1 Liabilitv Insurance. Tenant shall procure and
maintain in full force and effect during the term of this Lease
comprehensive liability and property damage insurance to protect
against any liability to the public, or to any invitee of Tenant
or Landlord, arising out of or related to the use of or resulting
from any accident occurring in, upon or about the Premises with
limits of liability in an amount not less than Two Million
Dollars ($2,000,000.00) single limit liability. Such insurance
shall name Landlord as an additional insured thereunder. The
policy shall also insure performance by Tenant of the indemnity
provisions of Section 9.2. The limits of said insurance shall
not, however, limit the liability of Tenant hereunder.
9.2 Tenant's Indemnification. Tenant shall indemnify,
protect, defend and hold Landlord, its agents, employees and
contractors, harmless from and against any and all liability for
injury to or death of any person, or loss of or damage to the
property of any person, and all actions, claims, demands, costs,
;ncluding without limitation, reasonable attorneys' fees, damages
or expenses of any kind arising therefrom which may be brought or
made against Landlord or which Landlord may payor incur by
reason of the use, occupancy and enjoyment of the Premises by
Tenant or any invitees, sublessees, licensees, assignees,
employees, agents or contractors of Tenant or holding under
Tenant from any cause whatsoever, including without limitation
any breach of the Hazardous Materials provisions set forth in
Section 10.1 of this Lease, other than negligent acts or
omissions by Landlord, its agents or employees. Landlord, its
partners, agents, employees and contractors shall not be liable
for, and Tenant hereby waives all claims against such persons
for, damages to goods, wares and merchandise in or upon the
Premises, or for injuries to Tenant, its agents or third persons
in or upon the Premises from any cause whatsoever other than the
negligence of Landlord, its agents or employees.
10. SUBLEASE AND ASSIGNMENT
10.1 Assianment and Sublease of Premises. Tenant shall
not, at any time, voluntarily or by operation of law, assign,
transfer (hereinafter collectively referred to as "assignment"),
sublet or otherwise transfer or encumber all or part of Tenant's
4
&-;)4
interest in this ~ .se or in the Premises. A../ purported assign-
ment of Tenant's interest in this Lease shall be void and a
breach of this Lease.
11. DEFAULT
11.1
following
Tenant:
Events of Default. The occurrence of any of the
shall constitute an event of default on the part of
11.1.1 Obliaations. Failure to perform any
obligation, agreement or covenant under this Lease, such failure
continuing for thirty (30) days after written notice of such
failure. Xf it is not possible to cure such default within
thirty (30) days, so long as Tenant shall commence a cure within
said thirty (30) day period and shall diligently prosecute
acomplete cure, Tenant shall not be in default. The thirty (30)
day written notice described above shall be served in accordance
with California. Code of Civil' Procedure Section 1162 and shall be
the same notice and in lieu of any other required by California
Code of civil Procedure Section 1161.
11.2 Remedies. Xn the event of any such event of default
or other breach by Tenant, Landlord may at any time thereafter,
with or without notice of demand and without limiting Landlord in
the exercise of any right or remedy which Landlord may have by
reason of such default or breach: (a) terminate Tenant's right
to possession of the Premises by any lawful means, in which case
this Lease shall terminate and Tenant shall immediately surrender
possession of the Premises to Landlord. Xn such event, Landlord
shall be entitled to recover from Tenant all damages incurred by
Landlord by reason of Tenant's default, including, but not
limited to (i) the cost of recovering possession of the Premises:
(ii) expenses of reletting, including necessary renovation and
alteration of the Premises, reasonable attorneys' fees and any
real estate commission actually paid: and (iii) any other amount
necessary to compensate Landlord for all detriment proximately
caused by Tenant's .failure to perform its obligations under this
Lease or which, in the ordinary course of things, would be likely
to result therefrom and/or: (b) pursue any other legal or
equitable rights or remedies Landlord may have for Tenant's
breach of this Lease. Tenant's default under this lease shall
not constitute a default of the Agreement nor shall defeat City's
rights under the Agreement unless Tenant.s act or omission should
constitute a default under the Agreement. The remedies provided
in this section are not exclusive but supplemental to any such
other legal or equitable rights and remedies. .
5
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12. _ ~DDITIONAL COVENANTS OF TE.. .k
12.1 Ad;ustment in Taxes. Tenant shall cooperate with
Landlord in any manner necessary for the purpose of documenting
or otherwise evidencing the public use of the Premises in
connection with the adjustment of any real property taxes,
including any special taxes or assessments.
12.2 Boundarv Line Ad;ustment. Tenant shall cooperate with
Landlord in any manner necessary in connection with the accep-
tance of a boundary line adjustment on the Premises or the
creation of a parcel map to more accurately fix the boundary
lines of the premises, either as may be required for the recor-
dation of an abstract of this Lease, as provided in Section 13.4
below, or as may be required for the dedication of the Premises,
as provided in the Agreement.
13. . MISCET.T.U7~OUS
13.1 Notices. All notices, consents, waivers, payments or
other communications which this Lease requires or permits either
party to give to the other shall be in writing and shall be
deemed given when delivered personally or forwarded by registered
or certified mail, postage prepaid, to the parties at their
respective addresses as follows:
To Landlord:
EastLake Development Company
900 Lane Avenue, suite 100
Chula Vista, California 91914
Attn: Bruce N. Sloan
With a copy to:
Luce, Forward, Hamilton & Scripps
Attn: Craig Beam
600 West Broadway, Suite 2600
San Diego, California 92101
To Tenant:
Fire Chief of the
city of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
cc: Bruce M. Boogaard
City Attorney
or to such other address as may be contained in a notice from
either party to the other given pursuant to this Section. Rental
payments and other sums required by this Lease to be paid by
6
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. )
Tenant shall be delivered to Landlord at Landlord's address
provided in this section, or to such other address as Landlord
may from time to time specify in writing to Tenant.
13.2 Litiaation Between Parties. In the event of any
litigation between the parties hereto arising out of this Lease,
the prevailing party shall be reimbursed for all reasonable
costs, including, but not limited to, reasonable accountants'
fees arid attorneys' fees.
13.3 ~. Time is of the essence of this Lease and of
every term and condition hereof.
13.4 Abstract of Lease. The parties hereto shall record an
Abstract of this Lease in a form to be agreed upon by both par-
ties. The parties hereto agree to cooperate in the preparation,
execution, acknowledgment and recordation of such document in
reasonable form.
LANDLORD:
TENANT:
EASTIAKE DEVELOPMENT COMPANY, a
California general partnership
comprised of corporations
CITY OF CHULA VISTA
_r.-n~__
Mayor
By:
-
Bruce M. Booga
City Attorney
By:
By:
DAVID V, INC., a California
corporation, peneral Partner
By: l1.f1,<-~A(~
Its: tAu ~{~.'el'--,I.
C:\D~S\HS~.DJR\7D35465.WP
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EXHIBIT "A"
Deser; "ion of Leased Premises
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INTERIM FIRE STATIONf'6
CHlAA VlST A. CAlFOANI~
EASTLAKE OEvt:LoPMENT COMP"....V
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LETrER OF UNDERSTANDING
FOR AN INTERIM FIRE STATION
IN EASTLAKE
EXIllBIT 4
The DEVELOPER shall build and provide CITY an Interim Fire Station including:
1. Temporary modular building of approximately 1500 square feet for CITY use as an
interim fire slation.
2. Said building shall consist of:
a. three (3) bedrooms; and,
b. two (2) 3/4 bathrooms; and,
c. common areas configured to include:
i. kitchen, including built-in stove; and,
ii. dining area; and,
ill. living room; and,
iv. private office; and,
v. public greeting area; and,
vi. exercise room, and;
vii. sufficient closet space and hose racks; and,
viii. all necessary wiring and audio devices for standard Fire. Department tone
activated communications system.
3. An enclosed and covered truck-port with:
a. minimum dimensions of twenty feet (20') in width; and,
b. forty feet (40') in length; and,
c. doo~ with minimum clearance dimensions of fifteen (IS') in width and twelve
feet (12') in height at both ends.
4. A covered patio to connect the modular building and truck-port:
a. patio covering shall afford CITY personnel well lighted, unobstructed truck-port
ingress and egress without exposure to rain.
5. The DEVELOPER shall provide all utility hook-ups:
a. water, sewer. gas, electric, telephone and cable television), landscaping.
6. The DEVELOPER shall provide all site work:
a. driveways, turnarounds and paved areas for staff parking, flagpole; and,
b. related street signagelsignaling (i.e. warning lights and/or signs).
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. )
LETTER OF UNDERSTANDING
FOR AN INTERIM FIRE STATION
IN EAS1LAKE
EXlllBIT 5
FIRE PUMPER AND FIRE PUMPER EQUIPMENT
(lIuurIity
1
1200 ft.
1000 ft.
1000 ft.
200 ft.
500 ft.
1
2
4
4
1
2
4
1
1
2
2
1
2
1
1
1
1
1
1
1
1
1
1
2
1
2
1
1
1
1
Desaiption
Triple Combination Pumper - $223,762
4 inch hose - $9,327
2.5 inch hose - $2,080
1. 75 inch hose - S2,OOO
1 inch booster line - $550
1 inch forestry hose - $550
Pager with charger - $500
Hose straps - $70
Self Contained Breathing Apparatus (SCBA) - $8,000
Spare oxygen SCBA bottles - $2,000
Mobile radios - $650
Portable radios - $1,750
Task force nozzles - $3,020
Booster line nozzle - $580
S-2OO nozzle - $664
B-8oo nozzles - $1466
Smooth bore nozzles - $100
Pike pole tool - $80
Axes - $90
Ram bar - $295
Halligan Tool - $120
Pry bar - $24
Sledge hammer - $27
Bolt cutters - $120
Persuader - $34
Box: miscellaneous tools - $400
Round point shovel - $45
Scoop shovel - $40
Metal rake - $56
Squeegees - $124
Mop - $15
Hall runners - $60
Corn broom - $13
Debris bag - $120
Smoke ejector - $460
Smoke eradicator - $15
G-- 3/
1
1
4
2
1
1
1
8
1
8
3
1
N/A
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
2
1
2
1
1
1
1
1
24
Flood light .45
50 ft. extension cord with adapters - $108
Hand lights - $480
Chock blocks - $70
Canteen - $23
Utility rope - $130
Life line - $130
Traffic cone - $40
Salvage cover - $55
Flares - $5
Quick fit devices - $75
Water vacuum - $1100
Assorted redwood plugs - $5
Pressurized water extinguisher - $100
Carbon Dioxide Extinguisher - $280
Dry chemical extinguisher - $125
Set of Run Cards - $15
1991 Thomas Bros. Map Book - $10
Knox Box key - $5
Domestic water key - $20
Pair binoculars - $80
Defibrillator and related supplies - $7,000
Resuscitator - $1,065
Medical Suction Unit - $590
Trauma Box and related supplies - $600
Spare oxygen bottles - $65
Ked Sled - $159
Backboard - $69
Hare traction device - $189
Hay hooks - $20
Double Male Adapters - $104
Double Female Adapters - $174
4" x 2.5" Adapter - $260
Spanner Wrenches - $29
Gated Wye - $345
2.5" x 1.5" reducer - $45
4" x 2.5" reducer - $160
IS x I" reducer - $38
4" hose clamp - $365
Mounting Brackets - $610
,
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FIRE STATION FURNISHINGS, FIXTURES AND EQUIPMENT
3 17 cubic foot, frost-free, refrigerators with ice makers - $ 2,400
1 Industrial quality 4 burner stove with oven - $750
1 Dishwasher - $500
1 Microwave oven - $400
Nt A Assorted kitchen cookware and utensils - $500
6 Kitchen chairs - $300
1 Kitchen dinette table - $150
4 Heavy duty relining lounge chairs - $1,800
1 26" color television ~. $800
1 VCR - $400
3 End tables - $300
1 Office (mid manager quality) desk - $450
1 Office (mid manager quality) desk chair - $300
2 Side chairs - $350
3 4 drawer, letter size, locking, me cabinets - $600
1 mM compatible AT style Microcomputer - 2,500
1 NLQ printer - $500
4 Telephones, compatible with City phone system - $400
2 Fioor lamps - $200
4 Beds, mattresses and box springs - $1,800
4 Night stands - $600
1 Air compressor - $550
1 Set of mechanics tools and box - $500
1 Lifecycle - $3,000
1 Bench/incline press - $500
1 Set of bar bells, dumb bells and 400 Ibs of compatible weights - $300
1 Gas Lawnmower - $350
I Gas Edger - $250
NtA Miscellaneous gardening tools - $150
Nt A Janitorial supplies - $300
I Vacuum Cleaner - $200 _
1 Portable hose storage rack - $400
I Hose Drying Rack - $1,200
1 Bunn Coffee Maker - $175
1 Gas Bar-B-Que - $200
1 Basketball Backboard, Rim, Net and Pole - $150
1 Flag Pole - $500
1 UFC and UBC books - $100
1 Principles of Fire Protection by: Cote and Bugbee - $48
1 Full set of NFC books - $ 500
1 Apparatus Manual notebook - $25
1 ICS 120 and 220 book - $40
1 Fire Investigation A & B notebook - $40
1 Wildland Firefighting Handbook - $30
G-33
,
1
1
1
1
1
1
1
1
1
1
1
1
Webster Dictionary - $ 25
Fire Fighter Career Development Manual - $40
Driver/Operator Training Manual - $120
Pump Operator's Handbook - $20
Fire Command A & B notebook - $40
EMT Skills manual- $15
EMT pre-hospital care book - $35
CVFD Ropes and Notes book - $15
Fire Chiefs Handbook - $35
Fire Apparatus and Procedures book by: Earvin - $35
Full set of IFSTA books including study guide - $600
Hazardous Materials Information notebook #1 and #2 - $30
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FIRE FIGHTER EQUIPl\'ll~:rfl'
27 Flame resistant unifonn pants - $945
9 Flame resistant jump suits - $900
18 Pairs fire fighter safety boots - $1800
9 Badges - $450
9 Name tags - $45
9 Fire fighter helmets - $1125
9 Fire fighter turnout coats - $2520
9 Fire fighter turnout pants - $1620
9 Fire fighter turnout boots - $585
9 Brush parits - $270 00
9 Brush jackets - $360
9 Noma hoods - $100
9 Pair of fire fighters gloves - $180
9 Folding spanner wrenches - $324
9 10 ft sections of tubular webbing - $75
1 Box of yellow chalk - $5
9 MSA SCBA masks - $800
9 Canvas bags for brush and SCBA gear - $180
9 CVFD Operations Manuals - $90
9 IFSTA "Fire Fighter Essentials" book - $180
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ORDINANCE NO, 2320
j
AN ORDINA~w' OF THE CITY OF CHU~A 'iSTA,
CALIFORNIA ESTABLISHING A DEVELOPMENT IMPACT FEE
TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE
CITY OF CHULA VISTA .
WHEREAS, th~ City's General Plan Land Use and Public Facilities
Elements require that adequate public facilit.ies be available to accOlllllodate
increased population created by new development~ and
WHEREAS, . the City Council has detennined that new development. within
the City of Chula Vista will create adverse impacts on the. City's existing
public facilities which must be mitigated by the financing and construction of
certain public facilities iden~ified in.this ordinance. and" .
WHEREAS, the City Council has determined that a reasonable means of
financing the public facn ities is to levy a fee on all developments in the'
City of Chula Vista, and
WHEREAS, the fee has been justified by the report entitled, -Report
on Supplemental Development Impact Fee for Public Facilities. dated June 1989
and prepared by the Budget Officer of the City of Chula Vista, and
WHEREAS, the report and various other reports show that the City's
public fac11 ities will be adversely impacted by new developments within the
City unless public facilities are improved or constructed to accommodate the
new development, and
WHEREAS, developers of land' within the City' shoul d be required to
mitigate the burden created by development through the construction or
improvement of public facilities within the boundaries of the development, the
construction or improvement of pUblic facilities outside the boundaries of the
development which are needed to provide service to the development in
accordance with City standards and.. the payment of a fee to finance a
development's portio~of the total cost of the public facilities, and
. WHEREAS, all development within the City contribute to the cumulative
burden on various public facilities in dirltct relationship to the amount of
population generated by the development or the gross acreage of the commercial
or industrial land in the development. and
WHEREAS, on August 1, 1989, City Council held a duly noticed meeting"
at which oral or written prese~tations could be made. and
'. ,
WHEREAS, the City Council detennined~ 'based upon the evidence
presented at the meeting, the City's General Plan and the various reports and
other infonnation received by the City Council in the course of its business,
that imposition of the public facilities development impact fee on all
developments as indicated in Attachments B through G in the City of Chula
Vista for which building permits have not yet been issued is necessary in
order to. protect the public safety and wel fare in order to ensure effective
implementation of the City's Gene~al Plan, and
~. 3~
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WHEREAS. the C. Councfl has determfned that ~~e amount of the
levfed by thfs ordfnance does not exceed the estfma~ed cost of provfdfng
publfc facflftfes.
NOW. THEREFORE, THE" CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDAIN AS FOLLOWS:
SECTION 1: Establfshment of Fee. .~
Ca) A development impact fee in the amOunts set forth in attachments
8 through G is hereby establfshed to pay for varfous publfc
facUftfes withfn the Ci~ of Chula Vista. The fee shall be
pafd before the issuance of bufl dfng permfts for each
development project withfn,the Ci~ of Chula Vfsta as indicated
by Attachments 8 through G. The fee shall be deposited into a
public facfli~ ffnancfng fund whfch is hereby created and shall
be expended only for the purposes set forth in the thfs
ordinance. The Director of Finance is authorized to establfsh
varfous accounts within the fund for the vanous improvements
and facflfties identiffed in thfs ordinance and to periodfcal'y
make expendftures from the fund for the purposes set forth
herefn in accordance wfth the facilities phaSing plan or capital
improvement plan adopted by the Cf~ Councfl. The Ci~ Councfl
ffnds that collectfon of the fees established by thfs ordfnance
at the tfme of the buflding permft is necessary to ensure that
funds wfll be avaflable for the constructfon of facilities
concurrent wfth the need for these facflitfes and to ensure
certain~ in the capftal facfl ftfes budgeting for growth
impacted public facflitfes.
(b) The fee established by this section is in additfon to the
requirements imposed by other Cf~ laws. polfcies or regulations
relating to the construction or the ffnancing of the
constructfon of public improvements wfthin subdivisions or"
developments. _"
Cc) The fee" for each development shall be calculated at the time of
bufldfng permit application and "shall be the amount as indicated
at that time and not when the tentative map or ffnal map were
granted or applied for. or when" the buflding permft plan check
was conducted. Each sfngle famfly detached dwel1fng. single
famfly attached dwelling. or unit withfn a multi-famfly dwellfng
shall be considered one EDU for purposes of this fee. Each'
commercial project shall be charged at the rate ,of 10 EDUts per
gross acre and each industrfal project shall be charged at the
rate of 6 EDU's per gross acre. The charges shall be those
outlined in Attachments 8 t~rough G! ' .
fee
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The City Council shall annually review. the amount of the fee.
The City Council may adjust the amount of this fee as necessary
to reOect Changes in the Engineering-News Record Construction
Index, the type, size. location or cost of the vanous public
facilities to be financed by the fee. changes in land use
designatlons in the City's' General Plani and upon other sound
engineering, financing and planning information. Adjustments to
the above fee may be made by ~esolution amending the Master Fee
Schedule.
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(d) The fees collected shall be used by the City for the following
purposes as determined by the City Council:
"1. To pay for the construction of facilities by the City, or
to reimburse the City for facil ities installed by the City
with funds from other sources.
2. To reimburse developers who have been required by Section
4(a) of this ordinance to install approved various public
facilities listed in Section 3.
3. To reill'.burse developers who have been permitted to install
improvements pursuant to Section 4(b) of this Ordinance.
SECTION 2: Definitions.
For the purposes of this ordinance. the following words or phrases
shall be construed as defined in this Section. unless from the .
context it appears that a different meaning is intended.
(a) -BUilding Permit- means a permit "required by and issued pursuant
to the Uniform Buil ding Code as adopted by reference by this
City. " .
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(c)
-Developer- means the owner or developer of a development.
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-Development Permit- means any discretionary permit, entitlement
or approval for a development project issued under any zoning or
subdivision ordinance of the City.-
(d)
-Development
described in
Code.
(e) -Supplemental Development Impact Fee Report- -means that the
-Report on Supplemental Development Fee for Public facilities-
report prepared by the Budget Officer of the City of Chula Vista
dated June 28. 1989, and on file in the Office of the City Clerk.
Project- or -Development- means any activity
Section 65927 and 65928 of the State Government
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SECTION 3: f.....lic Facilities to be Financed ~,') the Fee.
(a) The various public facilities to be financed by the fee
established in this ordinance are:
1. ,Expansion of the Chula Vista Civic Center.
2. Remodeling of the Police.facility.
3. Construction of a new corporation yard in the Eastern
Territories.
4. 'Construction of two new libraries east of I-B05.
5. Expansion of the Fire Suppression system.
.6. Geographic Infonnation System. .
(b) The City Council may modify or amend the 1 ist of projects in
order to maintain compliance with the City's General Plan or the
Capital Improvement Program. ,
SECTION 4: Developer Construction of Various Public Facilities
(a) Whenever a developer of a development project would be required
by application of City law or pOlicy as a condition of approval
of a development pennit to construct or finance the construction
of a portion of a public facility identified in Section 3 of
this ordinance, the City Council ~ impose an additional
requirement that .the developer install the improvements with
supplemental size or capacity in order to ensure efficient and
timely construction of the public facilities listed in this
ordinance. If such a requirement is imposed, the City Council
shall, in its discretion, 'enter into a reimbursement agreement
with the developer or' give a credit against the fee othentise
levied by this ordinance on the development project or some
combination thereof.
(b) A developer may request authorization from the the City Council
~o construct one or more of the facilities listed in Section 3.
(e) Whenever a developer requests reimbursement or a credit against
fees for wor~ done or paid by the developer under subsections
(a) or (b) of this section. the request shall be submitted in
writing to the City Council before commencement of the work.
The request shall contain the "following infonnation and if
. granted, shall be subject to the following conditions:
1. Detailed descriptions of the project with the preliminary
cost estimate.
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Requir !nts of developer:
- preparation of plans and specifications for approval
by the City;
. secure and dedicate any right-of-way required for the
project; .
secure all required permits, environmental clearances
necessary for construction of the projecti
provision of performance bonds (where the developer
intends to utilize proVisions for illllledfate credit,
the performance bond shall be .for 100 percent of the
value of the project)i .
- 'payment of all City fees and' costs.
The City will not,be responsible for any of the costs of
constructing the project. The developer shall advance all
necessary funds to construct the project.
The developer shall secure at least three (3) qualified
bids for work to be done. The construction contract shall
be granted to the lowest qualified bidder. If qualified,
the developer may agree to perform the work at a price
equal to or less than the low bid. Any claims for
additional payment for extra work or charges during,
construction shall be justified and shall be documented to
the satisfaction of the Director of Public Works.
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5. The developer shall provide a detailed cost estimate which
itemizes those ,costs of the construction attributable to
the Public Facility Construction and, excludes any work /
attributable to a specific subdivision project. The
estimate is preliminal"y and subject to final determination
by the Director of Public Works upon completion of the
Public Facility ProJect.
6. Upon approval of the estimated cost by the Director of
Public Works, the developer shall be entitled to inmediate
credit for 75 percent ~f the estimated cost of the
: construction attributable to the Public Facility
Construction. The illlllediate cre!lfts shall be applied to
the developers' obligation to pay:fees for building permits
issued after the. establishment of the credit., The
developer st!all specify these bufl'ding permits to which the'
credit is to be applied at the time the developer submits
.the building permit applications.,
7. If the developer uses all of the 75 percent illllledfate
credit before final completion of the public facili.ty, then
the developer may defer payment of Development Impact Fees
for other building permits by providing to the City liquid
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secur' 'such as cash or an irrevoc. , e letter of credit,
but n.... bonds or set-aside lett~rs, ,'I an amount equal to
the remaining 25 percent of the estimated cost of the
public facility. . ' .
8. When all wort has been completed'to the satisfaction of the
City, the developer shall submit verification of payments
made for the construction of the project to the City. The
Director of Public Works shall make the final determination
on expenditures which are eligible for credit or cash
reimbursement.
9. After final determination of eligible expenditures has been
made by the Public Works Director the final amount of
Development Impact Fee credits shah be determined. The
developer shall receive credit against the deferred fee
obligation in an amount equal to the difference between .the
final expenditure determination and the amount of the 75
,percent immediate credit used if afIY. The amount of the
deferred fee 'obligations shall be based upon the fee
schedule in effect at the time of the final credit
determination. The Director of Public Works shall convert
the credit to an EDU basis for residential development
and/or a Gross Acre basis ,for conrnercial or industrial
development. TheCit)' shall notify the developer of the
final deferred fee obligation, and of the amount of the'
applicable credit. If the amount of the applicable, credit
is less than the deferred fee obligation, then the
developer shall have thirty (30) days to pay the deferred
fee. If the deferred fees are not paid within the
thirty-day period, the City may make a demand against the
liquid security and apply the proceeds to the fee
Obligation.. .
10. The developer will receive the credit against required
Development Impact"Fees incrementally at the time building
permits are issued for the developer's project.
If the total construction cost 'amounts to more than the
total Development Impact .Fees which will be required for
the developer's project, then the amount in excess of
Development Impact Fees will be paid in cash when funds are
available as determined by the City Manager, a
reimbursement agreement will be executed: or the developer
may waive reimbursement and use the excess as credit
against future Development Impact Fee ob1igations.
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SECTION 5: !.. edure for Fee Waiver or Reduct. h:
Any developer who. because of the nature or type of uses proposed for
a development project. contends that application of the fee imposed
by this ordinance is unconstitutional or unrelated to mitigation of
the burdens of the development. may. apply. to the City Council for a
waiver or reduction of the fee. The application shall be madf! in
writing and filed with the City Clerk not later' than ten (10) days
after notice of the pUblic hearing on the development permit
application for the project is given. or if no development permit is
required. at the time of the filing of the building permit
application. The applicatfon shall state in detail the factual basis
for the claim of waive or reduction. The City Council shall consider
the applfcatfon within sixty (60) days after its filing. The
decision of the City Council shall be final.' If a reduction or
waiver is granted. a~ change in use within the project shall subject
the development to payment of the fee. The procedure provided by
thfs sectfon is additional to any other procedure authorized by law
for protectfon or challengfng the fee imposed by this ordinance.
SECTiON 6: Exemptions.
Development projects by public agencies shall be exempt from the
provisions of the fee if those projects are designed to provide the
public service for which the agency fs charged.
SECTION 7: Assessment District.
If a~ ISsessment or special taxing district is established for allY
or all of the facilities listed in Section 3. the owner or developer
of a project may apply to the City Council for a credit against the
fee in an amount equal to the development's attributable portion of
the cost of the authorized improvements as determfned by the Dfrector
of Public Works plus incidental costs normally occurrfng with the
construction project but ex~ludfng costs ISsociated with Assessment
District proceedings or finanCing.
SECTION S: Expiration of this Ordinance.
This ordinance shall be no further force and effect when the Cfty
Council determines that the amount of fees which had been collected
reaches an amount equal t.o th~ cost of the public facilities or
reimbursements. :
SECTION 9: Time Limit for Judicial Action.
Any Judicial action or proceeding to attack. review. set aside. void
or annul this ordinance shall be' brought within the tillle period IS
established by Government Code Section 54995 after the effective date
of this ordinance.
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SECTION 10: Ef/ the Date.
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Pursuant to Government Code
become effectfve sfxty (60)
adoptfon.
Presented by
Dav~~t +
Budget Offfcer
I/PC 2869A
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Sectfon 65962, thfs ordfnance shall
days after its second readfng and
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.Existing EastLake I Boundary -.. _
Proposed Amendment Area J.-jI / /I.l
EXHIBIT 7
PROPOSED EASTLAKE SPA AMENDMENT
LOCATION MAP
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City of Chula Vista
Planning Department
Date R:ceived~5-;f12
Fee Pald ~ "'>/ .SJZ
Receipt N6. /01foz.$
Case No: 'PCC-'f,J- 0
Appeal Form
Appeal from the decision of: [J Zoning
Administrator
.-.,
IX] Pl ann i ng
Commission
[] Design Review
Committee
Appellant: California Land Associates No.1
.
Address:
Request for: Conditional Use Permit PCC-92-40)
Example: zone change, variance, design review, etc.
Please state wherein you believe there was an error in the decision of aZA IllIPC ODRC
for the property located at: 2369 Fenton (APN 595-232-10)
1. The lease between the Fire Department and Eastlake violates the
Subdivision Map Act.
2. The Eastlake Business Center Architectural Committee violated the
CC&R's in approvinq the fire station desiqn.
3. The Planninq Commission was misled bv staff to believe the City was
fundinq the cost of the fire station.
(See additional paqe.)
o
7/15/92
Date
Managing Partner
- - - - - - - - - - - - - -
To:
Planning Department
Do Not Write In This Space
Date Appeal Filed:
Case No:
Date of decision:
Recei pt No:
The above matter has been scheduled for public hearing before the:
Planning Commission City Council on
Planning Commissi'on Secretary City Clerk
(This form to be filed in triplicate.)
PL-60
Rev. 12/83
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City of Chula Vista
Planning Department
APPEAL FORM - Continued
4. The Fire Department failed to mitigate visual blight by
selecting one of several alternative sites offered by Eastlake
Development Co.
5. The findings that the station will not (i) be injurious to
adj acent property or (ii) adversely affect the General Plan
(Planning Department letter dated May 19, 1992) is specifically
based on the erroneous assumption the use is "temporary [in]
nature," when in fact the use will be for a minimum of five years.
6. The Fire Department's C. U. P. application describes the lot
area as 4.73 acres; but only a small percentage of the land is
planned for landscaping, thereby creating a weed patch of
indefinite (but not less than five-year) duration.
7. The City unnecessarily exposes itself to an inverse
condemnation action by affected adjacent landowners.
8. Al?proval of the C. u. P. at issue reverses Chula Vista's history
of visionary planning, construction of municipal buildings which
enhance the environment and application to itself of the same high
architectural standards adherence to which it demands of citizens.
)./-)..
THE CITY
CHULA VISTA PARTY DISCLOSL_.J STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters
which will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the contract, i.e., contractor,
subcontractor, material supplier.
CALIFORNIA LAND ASSOCIATES NO.1,
a California Limited Partnership
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.
Gordon E. Dunfee Bruce S. Baumqarten
J. Nevins McBride, Jr.
Henry A. Gotthelf
3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
N/A
4, Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees and Council within the past twelve months? Yes
No ~ If yes, please indicate person(s):
5. 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.
Jerome E. Eggers (Attorney)
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 defined as: "Any indA'idual, firm, co.partnerslzip, joint vcnntrc, association, social club, fraternal organization, corporntion,
eSIlIII.!, Inlsl, receiver, syndicate, this and nn)' olher COllnt)', city and country cif)', municipality, district or other political subdit'isioll,
or allY other grOllp or combination acting as a IInit,' CALIFO IA LAND ASSOCIATES NO.1,
a Cal' , 'mited Partnership
(NOTE: Anach additional pages as necessary)
Dale:
July 15, 1992
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Signatu r applicant
Gordon E. Dunfee,
Managing General Partner
Print or type name of contractor/applicant
IRe\'isL'd: 11 JU80J
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1.\.' ".\,D1SCLOSE.TXT)
LAW OFFICES OF
STERNBERG, EGGERS, STElNECKERT & SHOTWELL
A Prot8Mlonal Corporation
AlAN R. ALVORD
JEROME E. EGGERS
T()f\,II MARIE GIBRAN
LAURA lOBERMAN
CHRISTOPHER E. McATEER
RAND K. SHOlWELl
R. GENE STElNECKERT
J.t.MES R. STERNBERG
1100 WEST ASH PLAZA
350 WEST ASH
SAN DIEGO, CA 92101-3403
(619) 231-2599
OF COUNSEL:
LAWRENCE M. SHERMAN
APIIDfUIIOI<W.CClfIPClM1ION
SlJSAN B. PHIWPS
LAWRENCE T. DOUGHERTY
TELECOPIER
C8,Q) 233-3&43
July 20, 1992
City of Chula Vista
Planning Department
276 Fourth Avenue
Chula Vista, California 91910
Attn: Mr. Steve Griffin
Re: Appeal of California Land Associates No. 1
(CUP No. PCC-92-40)
Gentlemen:
You have requested our concurrence on continuing hearing of
our client's appeal to the City Council from July 21, 1992 to July
28, 1992. We believe such a postponement to be in the best
interest of all concerned and therefore on behalf of our client
concur.
You have also suggested we elaborate somewhat on points raised
by the appeal.
1. As to the Subdivision Map Act, Section 66428 of the
California Government Code mandates filing by Eastlake and approval
by San Diego County of a parcel map for the parcel actually being
possessed and controlled by the Fire Department. Terms of the
purposed lease (of the entire parcel) to the contrary
notwithstanding admission that only a fraction of the lot will be
used and occupied by the Fire Department creates a de facto
subdivision into two parcels. The fact the Fire Department is a
public agency does not exempt the subdivider since public policy
mandates in this instance, given the sham lease of the whole
parcel, that the exact boundaries of the City's responsibility
(e.g. for insurance purposes) be defined.
2. Violation of the Eastlake "CC&R's." We enclose a copy of
applicable pages of the Declaration of Restrictions. We also
believe the Architectural Guidelines published by the directors of
the Association were violated in fact and/or spirit. Therefore,
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Planning Department
July 20, 1992
Page -2-
the purported approval of the interim station by the Architectural
Committee was not only a breach of its fiduciary duty to
association member-landowners, but a bending of its own rules.
3. Confusion About Cost. It was clear from comments made by
several planning commissioners that they were reluctantly agreeing
to these unsightly buildings because the City could not afford
better and needed fire protection. Staff failed inadvertently to
apprise those commissioners of the fact that Eastlake Development,
not the City, is funding ~he cost of interim fire station
construction. In other words, Eastlake should be required to build
structures complying with its own guidelines rather than ruining
the neighborhood to improve its (not the City's) bottom line.
We would hope the other points on appeal are self-explanatory.
If not, please feel free to call me.
Very truly yours,
\ . ~. cz..~
Jer~me E. Eggers
STERNBERG, EGGERS, STEINECKERT
& SHOTWELL
A Professional Corporation
JEE/ljs
7595.01//PLANNING.DPT
cc: California Land Associates
Attn: Gordon Dunfee, Esq.
Mr. Henry Gotthelf
Lawrence M. Sherman, Esq.
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TlCL,;;, ..,~ ...n.':";;::: COIolPAH'
East Lake Development Company
701 B Street, Suite 730
San DI~o, California 92101
Attn: Robert Santos
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Recording Requested By .
And When Recorded Mail To:
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DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF
EASTLAKE BUSINESS CENTER OWNERS ASSOCIATION
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DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS
OF EASTLAKE BUSINESS CENTER OWNERS ASSOCIATION.
THIS DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS OF
E.-\.STLAKE BUSINESS CENTER OWNERS ASSOCIATION ("Declaration") is made on
February 24. 1987. by EastLake Development Company. a California general partnership
("Declarant"). .
ARTICLE I
RECITALS
This Declaration is made with reference to the facts set forth in this Article.
1.1 Prooerty Owned bv Declarant. Declarant is the owner of that certain real
?ro~erty situated in the County of San Di~o. State of California. more particularly
described in Exhibit "A" attached hereto and incorporated herein (the "Property").
1.2 Additional Prooerty. Declarant may annex all or any of the real property
described in Exhibit "B" attached hereto and incorporated herein and any other real
?ro~erty in the County of San Di~o ("Additional Property'') and said Additional Property
so annexed will thereupon be subject to this Declaration and become a part of the
?~operty.
1.3 Nature of DeveIooment. Declarant intends to develop the Property as a
?lanned commercial and industrial complex. The design and development of the Property
stlall be SUbject to this Declaration and the zoning requirements of the City of Chula
'/ista which are for the purpose of enhancing, maintaining, protecting and improving the
"&Jues and amenities of the Property. To that objective, Declarant desires to subject the
?:"Jperty to certain conditions, covenants and restrictions, upon and subject to which all
:::e pl'{)~erty shall. now and hereafter be held, improved and conveyed. in order to
es:ablish a general plan for the improvement and development of the Property for the,
benefit of the Property and all of the Owners of any Lots within the Property.
1.4 Phases of Develooment. The Property and Additional Property are
intended to be developed in phases. The First Phase (as hereinafter defined) shall consist
of the Property. Declarant may, but shall have no Obligation to, annex all or any portion
of the Additional Property to the Property.
ARTICLE II
DEFINITIONS
Unless the context otherwise specifies, each term defined in this Article II shall.
~or all purposes of this Declaration. have the meaning herein specified. ,. .
2.1 Access Easements. The term "Access Easements" shall mean and refer to
:::ose areas of the Lots described on Exhibit "C" as Access Easements over which
e!lSements are reserved by Declarant and granted to the Association for the purpose of
~?inin~ access to the Common Area and any other real property described as an Access
:'Uement in a Declaration of Annexation.
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operations or as necessary in the course of approved construction);
and
v. Any use which is prohibited by any Governmental Regulations.
8.2 Noxious Activities. No noxious or offensive trade or activity shall be
carried on or upon the Property or any portion thereof, nor shall anything be done
thereon which may be, or may become, a nuisance to the Owners of any Lot within the
Property.
8.3 Temoorarv Structures. No structure of a temporary character, trailer,
camper, boat or sim'ilar equipment shall be permitted to remain upon the Property or any
part thereof without the prior written approval of the Architectural Committee or as
permitted by the Architectural Guidelines, except trailers used in the course of
constructing Improvements on the Property.
8.4 Electronic Antennae. No television, radio or other electronic antennae or
device or any type shall be erected, constructed, placed or permitted to remain on any of
the Lots unless the same shall have been approved in writing by the Architectural
Committee.
8.5 Animals. No animals, livestock or poultry of any kind shall be raised, bred
or kept on or in the property or any part thereof; provided, however, the following may
be permitted, subject to prior written approval of the Board: (i) a guard dog used only
for security purposes; and/or (ii) animals used for scientific research which are
maintained within the Lots.
'8.6 Limitations on Imorovements. All limitations contained herein are sup-
plemental to controls established by zoning, building, fire or other jurisdictional codes
and regulations and other Government Regulations and the more restrictive provisions
shall apply.
8.7 Silt!ls. Except for street signs and any monument(s) which shall be
permitted to be installed by Declarant and shall be maintained by the Association, no
sign, billboard, monument sign or other advertising shall be erected, placed or maintained
on any Lot which is not in accordance with any applicable Government Regulations and
does not conform to the theme, size, style and location as set forth in the Architectural
Guidelines. All signs placed in the exterior of any Lot shall be subject to the prior
approval of the Architectural Committee. No more than one (1) monument sign which is
approved by the Architectural Committee shall be permitted to be installed for each
building on any Lot.
8.8 Parkin~ Areas.
8.8.1 No on-street parking shall be permitted on any Lot. Paved off-
street parking as required by Government Regulations or by any rules enacte<t:by the
Board (providing sucn rules are not in conflict with any applicable Government
Regulations) shall be provided by each Owner, Lessee, Licensee or Occupant on his Lot to
accommodate all parking needs for employees, visitors, business invitees and company
vehicles. The Architectural Committee shall have the authority to disapprove any
Application for the construction of any building if such plans do not provide for paved
off-street parking in compliance with this Section 8.10. The intent of these provisions is
to eliminate the need for any on-street parking.
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as to interfere with the use and enjoyment of the other Owner. In the event that any
portion of such wall or fence, except the interior surface of one side, is damaged or
injured from any cause, other than the act or negligence of either party, it shall be
repaired or rebuilt at their joint expense.
ARTICLE XI
ARCHITECTURAL COMMITTEE
11.1 Architectural Committee Comoosition. There shall be an Architectural
Committee composed.of three (3) persons; provided, however, that the Board shall have
the right to increase the riumber of persons on the Architectural Committee.
11.2 Ol'l!'anization of the Architectural Committee.
11.2.1 Rhtht of Declarant to Aoooint. The Declarant shall initially
aoooint the Architectural Committee, consisting of not less than three (3) representa-
tives. Declarant's obligations hereunder may terminate at Declarant's election upon
giving written notice to the Board.
11.2.2 Member's Ril1;ht to Appoint Architectural Committee
Members. Upon the tenth (lOth) anniversary of the recordation of this Deciaration the
Association, through its Board of Directors, shall have the rights of Declarant to appoint
members of the Architectural Committee, and enforce the Architectural Guidelines and
to perform Declarant's obligations under the Declaration and upon such conveyance all
obligations of Declarant under the Declaration shall automatically terminate.
Notwithstanding the foregoing, Declarant retains the ability, at any time from and after
the date of recordation of this Declaration, to assign its rights to appoint the
Architectural Committee to the Board and terminate its obligations hereunder.
11.2.3 Removal from Architectural Committee. .The right to remove
any member of the Architectural Committee shall be and is hereby vested solely in
Declarant until such time as. Declarant no longer has the right to appoint members of the
Architectural Committee. At such time the Board has the right to appoint all members
of the Architectural Committee and shall thereafter have control of the removal of the
Architectural Committee members.
11.2.4 Terms of Office. Initially, one member of the Architectural
Committee shall serve a term of one (1) year, one member shall serve a term of two (2)
years and one (1) member shall serve a term of three (3) years. If there are five (5)
members of the Architectural Committee, then initially, one member of the
Architectural Committee shall serve a term of one (1) year, one member shall serve a
term of two (2) years and three (3) members shall serve a term of three (3) years.
Thereafter, the term of all Architectural Committee members appointed shall be three
(3) years. Any new member appointed to replace a member who has resigned or been
removed shall serve such member's unexpired term. Members whose terms have.,.e:-cpired
may be reappointed or re-elected.
11.2.5 Resil1;nations; Vacancies. Any member of the Architectural
Committee may, at any time, resign from the Architectural Committee upon written
notice to Deciarant so long as Declarant has the sole right to appoint any member, or
upon written notice to the remaining Architectural Committee members when the right
to appoint any members is vested in the Board. Vacancies on the Architectural
Committee of members appointed by Declarant, however caused, shall be filled by
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Declarant so long as Declarant has the right to appoint members. Vacancies on the
Architectural Committee of members appointed by the Board, however caused shall be
filled by the Board. - '
11.2.6 Duties and Aeeeals. It shall be the duty of the Architectural
Committee to perform the functions required of it by this Declaration; to consider and
act upon each Application submitted to it pursuant to the terms hereof; to promulgate
and enforce the Architectural Guidelines and to perlorm all other duties delegated te and
imposed upon it by this Declaration.
11.2.7 MeetinlfS. 'The Architectural Committee shall meet as often as
it, in its sole discretion, shall deem necessary to properly perform its duties hereunder.
The vote or written consent of any two (2) members shall constitute an act by the
Architectural Committee unless the unanimous decision of its members is otherwise
required by this Declaration.
11.3 Aooroval of Plans.
11.3.1 Approval Required'- No application for the construction of
Improvements shall be submitted to the City of Chula Vista and no Improvements shall be
constructed, erected, placed, altered, maintained or permitted to remain on any Lot
unless they conform with Government Regulations and until plans and specifications
showing site plans, exterior elevations, sections, materials, colors, landscaping,
irrigation, signage, exterior lighting and any other information required by the
Architectural Guidelines and needed to describe accurately the exterior appearance or
functional characteristics of said Improvements, have been submitted to and approved in
writing by the Architectural Committee. A lot line adjustment or a resubdivision
pursuant to a recorded subdivision tract and/or parcel map of any Lot or Lots originally
subdivided by Declarant pursuant to the California Subdivision Map Act shall be deemed
an "Improvement" requiring the prior written approval of the Architectural Committee
as provided herein. All Applications shall be prepared by an Architect and/or engineer
licensed to practice in the State of California and shall be submitted in writing over the
signature of the Owner or his authorized agent.
11.3.2 Filin'C Fee. As a means of defraying its expenses, the
Architectural Committee may institute and require a filing fee to accompany any
Application submitted to the Architectural Committee from time to time. The schedule
of filing fees may be modified from time to time by the Architectural Committee to
reflect changed circumstances such as inflation.
11.3.3 Basis for Aooroval. "The Architectural Committee shall have
,the right to disapprove any Application submitted to it in the event any part of it is (i)
not in accordance with this Declaration, and/or the Architectural Guidelines; and/or (il)
incomplete; and/or (iii) is not In compliance with the relevant Government Regulations;
andtor (iv) is deemed by the Architectural Committee to be contrary to the best
Interests of the Owners of any of the Property. The Architectural Committee shailbase
its approval or disapproval of any Application on, among other things, the adequacy of
site dimensions; the adequacy of structural design;.. the conformity and harmony of
external design with the neighboring structures; the effect of location and use of
Improvements on other Lots and their neighboring operations and uses; the relation of the
topography, grade and finished ground elevation of the Lot being improved to that of the
neighboring Lots; the proper facing of elevations with respect to nearby streets; and the
conformity of the Aeolication to the Government Regulations and the purpose, general
plan and intent of this Declaration. The A.rehitectural Committee shall not unreasonably
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withhoic its approval of any Application. The decision of the Architectural Committee
shall be final. The application by an Owner for review and approval by the Architectural
Commi::ee of any Application by such Owner shall in no way be deemed to be
satisfac::on of or compliance with any applicable statute or law, or Government
Regulat:on.
11.ol Procedure for Review and Aooroval.
11.4.1
Preliminary Aoproval.
a. Purpose of Preliminary Aooroval. Any Owner proposing
to const"Uct Improvements requiring the prior approval of the Architectural Committee
shall first apply to the Architectural Committee for preliminary approval by submission
of preliminary drawings of the proposed Improvements. The purpose of the preliminary
approval procedure is to allow an Owner proposing to make substantial Improvements an
opportunity to obtain guidance concerning design considerations before expending
substantial sums for plans and other exhibits required to apply for final approval.
Applications for preliminary approval shall be considered and disposed of as set forth
herein.
b. Time Periods for Review. Within forty-five (45) days
after receipt of notice. from the Architectural Committee that the Applicant has
submitted a proper application for preliminary approval which is deemed to be complete
by the Architectural Committee, the Architectural Committee shall consider and act
upon such request. The Architectural Committee shall grant the approval only if the
proposed Improvements, to the extent its nature and characteristics are shown by the
Application, would be entitled to a final approval on the basis of a full and complete
application. In the event the Architectural Committee fails to approve or disapprove any
such preliminary plans within fifteen (15) days after all documents and information
requested by the Architectural Committee have been received by it, the Owner
requesting said approval may submit a written notice to the Architectural Committee
advising the same of its failure to act. If the Architectural Committee fails to approve
or disapprove any such preliminary plans within fifteen (15) days after the receipt of said
notice f:-om such Owner, said preliminary plans shall be deemed approved. In granting or
denying approval, the Architectural Committee may give the applicant such directions
conce~ing the form and substance of the final application for approval as it may deem
proper or desirable for the guidance of the applicant, the giving of any preliminary
approval shall not affect the right of the Architectural Committee to deny approval of
any final Application which is in substantial conformance with the approved preliminary
plans. .
c. Effectiveness of Aoproval. Any preliminary approval
granted by the Architectural Committee shall be effective for a period of ninety (90)
days f:-om the date of the issuance thereof. During said periOd, any Application
submitted for final approval which consists of proposed Improvements in accordance with
the provisions of the preliminary approval, and is otherwise acceptable under the'terms
of this Declaration, snall be approved by the Architectural Committee.
d, Limitation. In no event shall any preliminary approval be
deemed to be an approval authorizing construction of the subject Improvements.
11.4.2 Result of Inaction. The Architectural Committee shall
approve or disapprove the final Application within thirty (30) days from the date that the
Archi:ectural Committee delivers notice to the Applicant that the Architectural
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Co::!::'!:::ee ~s.s ~ecei'/ed a complete final Application. If the Architect'.ll'al Committee
b:ls e: :::er :0 approve or disapprove the final Application within said thirty (30) day
perIod :: s::ail be conclusively presumed that the Architectural Committee has
clluC:lll'Qved the final Application unless the person submitting said Application for
aQQrovai snall have delivered to the Architectural Committee within fifteen (15) days of
Ul. ltr,llrst:on of the thirty (30) day period, a notice in writing setting forth the date of
Initial suaminal of the final Application to the Architectural Committee the date that
t::. Arcnitec:ural Committee deemed the final Application to be complete and the fact
U-..t no approval or disapproval has been given by the Architectural Committee as of the
date ot such notice. If the Architectural Committee fails to either approve or
dlupprove the final Application on or before the fifteenth (15th) day following the
&'teelpt by the Architectural Committee of the notification, it shall be conclusively
presume<! that the Architectural Committee has approved any final Application. One (1)
set of any documents submitted with a final Application shall, with the approval or
dlsaPQroval endorsed thereon, be returned to the person submitting them and the other
set sna!i be retained by the Architectural Committee for its permanent files.
1l.~.3 Proceedin~ with Work. Upon receipt of approval from the
Architectural Committee pursuant to this Section, the Owner, Lessee. Licensee or
,Occllllant. to whom the same is directed and delivered, shall, as soon as practicable,
setlsiy all conditions thereof and diligently proceed with the commencement and
eomllletion of all approved construction, refiniShing, alterations, excavations and
Ianclscspinl\. [n all cases, work shall be commenced within .two (2) years of the date of
the t!nal approval by the Architectural Committee. If work is not commenced within
, said two (2) year period. then the approval given pursuant to this Article shall be deemed
" &'tvolled unless the Architectural Committee, upon request made prior to the expiration
of SAid two (2) yeax period. e:ttends the time for commencing work.
ll.~.~ [nsoection and Correction of Work. Inspection of work and
eorrec::on of defects therein shall proceed as set forth below.
I ',"" a. Notice of Comoletion. Upon completion of construction or
~~,~ installation, of a~y [mprov~ments. the Owne~ shall supply, the Architectural Committee
.<:~i'".;;,.,Wlth a notice ot completlon from an Architect certIfymg that the Improvements as
"~~: 'constrJC~ed or installed are in compliance with the Application previously approved by
I ~,:.;>(.. Ule ArclUtectural Committee. In the case of work involving Landscape Improvements, a
,./~:::..: separate notice ~f completion pertaining to the Landscape Improvements shall be rUed by
'~""';;:,A:- a landscape architect.
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b. Insoection. Within thirty (30) days thereafter the
Arehitectural Committee, or its duly authorized representative, shall determine if the
Improvements axe in conformance with the approved Application and may enter upon the
Lot to inspect such Improvements to determine whether they were constructed, recon-
st:-Ucted. altere<! or refinished to substantial compliance with the approved Application.
It the Architectural Committee finds that such construction, reconstruction, alteration
or refinishing was not done in substantial compliance with the approved Application, it
s/lall notify the Owner in writing of such non-compliance within such thirty (30) day
,period. specifying particulars of non-compliance, and shall require the Owner to remedy
SUCh non-compliance.
, c. Failure to Remedy Non-Comoliance. If, upon the expira-
t:on of thirty (30) days from the date of such notification, the Owner shall have failed to
~l!:nedy sllch non-compliance, the Architectural Committee shall notify the Board in
....~:ting of such failure. After affording such Owner notice and hearing, the Board shaH
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determine whether there is a non-compliance. and if so. the nature thereof and the
estimated cost of correcting or removing the same. If non-<:lompliance exists. the Board
shall require the Owner to remedy or remove the same within a period of not more than
thirty (30) days from the date of the Board ruling. If the Owner does not comply with the
Board ruling within such period or within arty extension of such period as the Board, in its
discretion. may grant. the Board, at its option, may either remove the non-<:lomplying
Improvements or remedy the non-<:lompliance and the Owner shall reimburse the
Association for all expenses incurred in connection therewith upon demand. If such
expenses are not promptly repaid by the Owner to the Association, the Board shall levy a
Reimbursement Assessment against such Owner for reimbursement.
11.4.5 Failure to Notify. If for any reason the Architectural
Committee fails to notify the Owner of any non-<:lompliance within sixty (60) days after
receipt of said notice of completion from the Owner, the Improvements shall be deemed
to be in accordance with said approved Application.
11.5 Estoooel Certificate. The Architectural Committee shall provide to any
Owner an estoppel certificate within thirty (30) days of receipt of a written request for
same which is accompanied by an ALTA or certified as-built survey of the Lot if the
Architectural Committee does not have an as-built survey in its files. Such estoppel
certificate shall certify that as of the date hereof (i) all Improvements made or work
done on or within a Lot comply with this Declaration or (ii) such Improvements or work
do not so comply, in which event the certificate shall identify the non-<:lomplying
Improvements and shall set forth the cause or causes for such non-<:lompliance. Any
lessee, purchaser or encumbrancer in good faith for value shall be entitled to rely on such
certificate with respect to the matters set forth therein, such matters being conclusive
as between the Architectural Committee and all such subsequent parties in interest.
11.6 Liability. Neither Declarant, the Board, the Architectural Committee nor
any member thereof nor any agents of Declarant or of the Architectural Committee shall
be liable for any damage, loss or prejudice suffered or claimed by any Owner, Lessee.
Licensee or Occuoant who submits an Application, and such person or entity who submits
an Application shau forever defend and hold the Declarant, the Board, the Architectural
Committee, the members thereof and the agents of each harmless from all damage, loss
or prejudice suffered or claimed by any third party on account of (i) any defects in any
plans, drawings, specifications or other documentation submitted in any Application.
revised or aooroved in accordance with the foregoing provisions, or for any structural or
other defeci:; in any work done according to such plans, drawings, specifications or other
documentation; (ii) the approval or disapproval of any Application, whether or not
defective; (iii) the construction or performance of any work, whether or not pursuant to
an approved Application; or (iv) the development of any Lot.
11.7 Conflict. In the event there is any conflict between the requirements or
actions of the Architectural Committee and the mandatory regulations or ordinances or
any Government Regulation, the Government Regulation shall control and.. the
Architectural Committee shall modify its requirements or actions to conform .to the
Government Regulation; provided, however, that if the Governmental Regulations are
less restrictive, the provisions of this Declaration shall nonetheless apply.
11.8 Architectural Guidelines. The Board shall, from time to time, and in its
sole discretion, adopt and/or amend, by majority vote, rules and regulations, t~ be known
as Architectural Guidelines. Said Architectural Guidelines shall interpret and llI~plement
the provisions hereof by setting forth (a) the standards and procedures for Architectural
Committee review, and (b) guidelines for the architectural design of Improvements and
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';\ lit. :::a=,s. ::cor ;?Ians and exterio: elevations for .Improvements, landscaping designs and
-':.-~li:lt:on ;:lIar.s. color schemes, Slgnage and exterior lighting finishes and materials for
:, .. 0:1 ano' Lv:.
: :.J Variances. The Architectural Committee may authorize variances from
eom;liiance with any of the architectural provisions of this Declaration, including,
Wlt::out limitation, restrictions upon height, size, floor area or placement of structure or
11lI;:rovements or other similar restrictions, when circumstances such as topography,
na::IZ'Sl oostructions, aesthetic or environmental considerations may require. Such
vu:ar.ces may be evidenced in writing, must be signed by at least two (2) members of the
An::lltec:ural Committee, and shall become effective upon recordation in the Office of
tile County Recorder of SI!J1 Diego County. .If such variances are grl!J1ted, no violation of
tile covenants, conditions I!J1d restrictions contained in this Declaration shall be deemed
to r.ave occurred with respect to the matter for which the variance was granted. The
r.antin\f of such a variance shall not operate to waive any of the terms and provisions of
this Declaration for any purpose except as to the particular Lot I!J1d particular provision
hereof covered by the variance, nor shall it affect in I!J1Y way the Owner's obligation to
comply with all governmental laws and regulations affecting its use of the Lot, including,
but not limited to, zoning ordinl!J1ces I!J1d lot setback lines or requirements imposed by
the County of San Diego, California, or any other governmental authority.
11.10 Government Rl!l1;'ulation Reouests. Notwithstl!J1ding anything herein to the
cont:'ary, approval by the Architectural Committee is not exclusive and all plans I!J1d
specifications required to be approved by the City of Chula Vista, whether through the
building permit process, or otherwise, shall be so approved prior to the commencement of
constrUction. .
11.11 maoolicable to Declarant. This Article XI shall not apply to Declarant
and Declarant need not seek or obtain Architectural Committee approval of any
.Improvement constrUcted, or placed or landscaping done by Declarant on any Lot owned
by Declarant. So long as Declarant owns any Lot, this Section 11.11 may not be amended
without the prior written consent of Declarant.
ART.ICLE XII
DURATION, MODIFICATION AND REPEAL
12.1 Duration of Covenants. This Declaration shall continue and remain in full
force and effect at all times with respect to the Property and each part thereof, now or
hereafter made subject thereto, for a period commencing on the date of the recordation
of this Declaration and shall continue in full force and effect for a term of forty (40)
years after which this Declaration shall be automatically extended for successive periods
of ten (10) years, unless an instrument, signed by a majority of the then Owners of the
Lots, has been recorded, agreeing to change said covenants, conditions and restrictions in
whole or in part.
12.2 Termination and Modification. This Declaration, or any provisions.hereof,
may be terminated, extended, modified or amended, only by the vote or written assent of
not less than two-thirds (2/3) of the voting power of the Association; provided, however,
that so long as Declarant owns any Lot, no such termination, extension, modification or
amendment shall be effective without the written approval of Declarant thereto. No
such termination, extension, modification or amendment shall be effective until a
written instrument setting forth the terms thereof is duly executed by the President of
the Association and Declarant, in the event Declarant's approval is required.
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MEMORANDUM
RECEIVED
JUL 31 1992
PLANNING
FROM:
File
Bruce Sloan -?(VJ,
July 28, 1992
.EastLake I Temporary Fire Station
Meeting with Gordon Dunfee
TO:
DATE:
SUBJECT:
On July 27, 1992, Bob Santos and Bruce Sloan met with Gordon
Dunfee to discuss the reference facility. Mr. Dunfee indicated
that he was unhappy with the installation of the temporary fire .
station adjacent to his project. In the meeting, Mr. Dunfee made
the following points: He indicated that he was not opposed to a
fire station use adjacent to his facility. He is, however,
dissatisfied with the visual appearance that a temporary facility
would present. He stated that with the temporary facility
adjacent to his office building his ability to lease office space
is impaired. He was not opposed to locating a temporary fire
station within the Business Center but would prefer it be located
on another vacant parcel within the Business Center, preferably
towards the back of the project. Bob Santos explored several
alternatives available to remedy Mr. Dunfee's concerns. They
included relocation of the facility, modification to the existing
design, construction of a permanent facility on Lot 1 in lieu of
a temporary facility and relocation of the temporary facility to
the south end of Lot 1. Of these alternatives, Mr. Dunfee's
preference would be to relocate the facility. We indicated to
Mr. Dunfee that we were meeting with the City later that
afternoon to discuss this issue and after consultation with the
City we would inform Mr. Dunfee of the position we would take
with regard to construction of the temporary facility.
Other discussions in the meeting included a brief history of the
development of this facility which included the analysis of
alternative sites not located in the Business Center. Bob Santos
also explained to Mr. Dunfee that we would be opposed to
relocating the fire station on another lot within the Business
Center; the reason for our opposition is that all other lots,
with the exception of Lot 1, within the Business Center are
currently on the market. Lot 1 is not marketable at this time
due to its configuration and won't be marketable until such time
the Business Center is expanded in an easterly direction. Mr.
Dunfee at the close of the meeting indicated that if he did not
receive satisfaction on this item that he would seek legal
recourse and attempt to place injunctions to prevent the
construction of the fire station.
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COUNCIL AGENDA STATEMENT
Item J.s
ITEM TITLE:
Meeting Date 8/11/92
Publ ic Hearing: Amendment to the Municipal Code, PCA-92-03 -
Consideration of an amendment to the Municipal Code to require
a conditional use permit for sales of alcohol ic beverages in
the C-N zone - City Initiated
Ordinance 2S'..U.. j~ng PCA-92-03 .
Di rector of Pl ann i ng ~ f- {-' /1 J..
City Manage~ \>IK~ (4/5ths Vote: Yes_NoJ.J
o ~ Council Referral No. ~
SUBMITTED BY:
REVIEWED BY:
On April 21, 1992, in consideration of a report on alcohol sales facilities in
C-N Neighborhood Commercial zones, the City Council directed staff to return
with a proposed ordinance outlining an application procedure for alcohol sales
in the C-N zone which would require approval by the City and input by the
Police Department, with approval being subsequently placed on the consent
calendar for the Council's next regularly scheduled meeting.
The Environmental Review Coordinator has determined that the proposed
amendment is exempt from environmental review as a minor alteration in land
use, in accordance with Section 15305 Class 5 of the CEQA guidelines, or Class
5F of the City of Chula Vista Environmental Review Procedures.
RECOMMENDATION: That Council adopt PCA-92-03.
BOARDS/COMMISSIONS RECOMMENDATION: On July 22, 1992, the Planning
Commission voted 4-2 to recommend that Council adopt the ordinance.
DISCUSSION:
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Concern about alcohol sales in the C-N zone was raised by Council in
conjunction with a zoning text amendment and conditional use permit
application by Texaco to redevelop an existing service station at 1498 Melrose
Avenue by adding a car wash and mini-market with sales of beer and wine.
Several surrounding business owners and residents expressed opposition to
Texaco's proposal based in part on what they perceived as an
over-concentration of alcohol ic sales facil ities and the resulting impact on
crime in the area. The City Council called the Texaco application forward on
appea 1 and, at the app 1 i cant's request, del ayed the matter unt il after the
resolution of the alcohol issue.
The earlier staff report on the alcohol sales issue favored continued reliance
on the review procedures of the State Department of Alcoholic Beverage Control
~(please see attached for a copy of the April 21, 1992, report to Council). A
1 oca 1 process, however, woul d provi de an addit i ona 1 degree of overs ight and
control which is consistent with the purpose and intent of the C-N zone to
provide for convenience goods and services within residential neighborhoods in
a manner which is compatible and complementary to the surrounding residents.
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Page 2, Item I~
Meeting Date 8/11/92
The proposed ordinance provides for a Zoning Administrator conditional use
permit with a public hearing which provides notification of residents located
within 300' of the project for all new alcohol sales facilities in the CoN
zone. In addition to the normal findings required for a CUP, and in
consult at i on with the Police Department, the Zoni ng admi ni strator would also
be required to find that the facility would not result in an overconcentration
of such facilities in the neighborhood. The City Council would be informed of
the Zoning Administrator's decision, and the Councilor other interested
party, could appeal the matter directly to the City Council for public hearing.
"
FISCAL IMPACT: Undetermined. There is no compensation proposed for the
staff time and public hearing costs associated with Council initiated appeals.
WPC 0422p
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ATTACHMENT
,
COUNCIL AGENDA STATEMENT
Item
Meeting Date 4/21/92
'ITEM TITLE: PCH-92-14: Alcohol Sales Facilities in CoN Zones
SUBMITTED BY: Director of Planning
Chief of Pol Ice
REVIEWED BY:
City Manager
(4/Sths Vote: Yes~o-1-)
Council Referral No. 1i!l
On February 11, 1992, Council directed the Planning Department, with
assistance from the Police Department and input from the State Department of
Alcoholic Beverage Control (ABC), to prepare 3 report and recommendation on
the number of alcohol sales factlitles that should be allowed within CoN
(Neighborhood Commerc Ia 1) zones. Some concern has also been expressed wi th
concurrent sales of gasoline and alcohol, particularly within the C-N zone.
This report addresses both issues. '
RECOMMENDATION: That Counctl not adopt any local standards with respect to
the concentration or concurrent sales of alcohol, but rather continue to rely
on the State Department of Alcoholic Beverage Control process and procedures
to regulate the establishment of alcohol sales facilities in the CoN zone.
BOARDS/COt91ISSIONS RECOt91ENDATION: The Counci 1 dl rected that the report be
returned for Its consideration prior to consideration by the Planning
Commission.
DISCUSSION:
These Issues came to the Council's attention because of neighbor~ood
opposition to a pending conditional use permit application by Texaco to
redevelop an existing service station by adding a car wash and mini-market
(with alcohol sales) at the northwest corner of Orange and Melrose Avenue.
The opposition centers around traffic issues and concern with a perceived
over-concentration of alcohol sales facilities in what is thought to be a high
crime area. Counctl has called the Texaco appl icatlon forward on appeal and
wtll hear the matter following resolution of the issues discussed in thh
report.
The CoN zone presently permits liquor stores (off-sale) as a matter of right,
but prohibits on-sale facilities such as bars and cocktail lounges. A
restaurant with on-sale liquor requires a conditional use permit. The sale of
gasoline is not permitted as a matter of right in any zone, but requires a
conditional use permit in all commercial or industrial zones, including the
CoN zone. A car wash is allowed by conditional use permit in the CoN zone as
a result of a recently approved ordinance.
Texaco was required to ftle for a conditional use permit because of its
proposal to redevelop the property (modification of an existing conditional
'use), and add a car wash. As noted above, a mini-market with or without
liquor sales is presently permitted as a matter of rjght and would not have
independently required a CUP.
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Meeting Date 4/21/92
OVQr.~oncentrat1on of liQuor facilities in the C-N zone
State law makes the issuance of a license for premises to engage in the sale
of alcoholic beverages the function of ABC, not cities. The State's control
of the field, however, is not exclusive of all City interests. A City may
prohibit alcohol sales in a particular zone, or may require a conditional use
permit, and the ABC is Obligated to honor these local zoning provisions. In
addition to a complete ban within a zone, a valid zoning ordinance could allow
off-sale facilities subject to legitimate .police power" requirements, such as
reasonable anti-concentration provisions similar to those applicable to .adult
uses. (distance requirements from residential, school, park, church,
playground, or other such uses).
A representative of ABC met with staff to describe its licensing process. The
ABC evaluates a license application based upon the moral character of the
applicant, general locational factors such IS zoning, and Rule 61.3 which
involves the issue of "over-concentration" in "high crime areas." The
applicant may not be a felon or a habitual drunk. Police officers and liquor
wholesalers are also prohibited from holding a license. Additionally, the
source of funds for the proposed facility is investigated to ensure that the
actual owner is not one of the above.
The applicant is instructed to contact the City Planning Department, obtain
information as to the specific zoning at the premises, as well as City
requi rements for alcohol sales in that zone, and report the information back
to the ABC. If the City requires a conditional use permit for the sale of
alcoholic beverages, the ABC immediately suspends investigation of the license
application until provided proof that the CUP has been granted. If the City
does not permit alcohol sales in that zone, ABC would strictly adhere to the
City's requirements and deny the application.
ABC also has its own locational criteria. These provide that off-sale
premises shall not be located closer than 200 ft. to a residence, church,
school or playground. If the applicant can cite reasons of public convenience
and necessity and no adverse impact on the neighborhood, the requirement may
be modified. ABC exercises its discretion 'so that a license to sell alcohol
will not be granted within 100 ft. of a sensitive land use if .a
resident/property owner objects. Note: notices of the license application
are mailed by the applicant (and confirmed by affidavit to ABC) to all
properties within 500 ft. of the site, and these property owners are given 30
days within which to protest the issuance of the license.
A special circumstance exists when an application falls within a .Rule 61.3"
area. These areas exhibit what ABC defines as an over-concentration of
alcohol sales facilities combined with a high crime rate. The area of
measurement is the census tract. An over-concentration of licenses (this is
figured separately for on-sale and off-sale facilities) occurs when the ratio
of licenses to population for the census tract exceeds the ratio for the
County as a whole. A high crime rate census tract is one which exhibits a
crime rate 20% or greater than the average crime rate for the City as a whole.
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Page 3, Itell
Meeting Date 4/21/92
A copy of all applications is forwarded to the Police Department and City
Council (via the City Clerk) for review and comment. If a license application
is within a Rule 61.3 area (the over-concentration and high crime rate
statistics are predetermined and on file at ABC for use in screening
applications), the ABC will alert local authorities. This is done by notation
on the application, IS well IS by a follow-up telephone call to the Police
Department to ensure that these particular applications are not overlooked and
thus receive the appropriate scrutiny.
A Rrotest by local authorities will result in an investigation by ABC. This
includes a meeting with the Police Department to determine if the issue(s) can
be resolved by way of ABC-imposed conditions on the license. Examples of such
conditions could be a limitation on hours or a restriction on the size of
alcohol containers (see attached lIemo and example protest letter from the
Police Department).
If the issue(s) cannot be resolved to the satisfaction of local authorities,
ABC will deny the application for the license, 'and the applicant is entitled
to an administrative hearing. Based on the evidence, the hearing officer
could recommend that ABC either issue or deny the permit. According to the
Police Department, however, a license would likely not be issued over its
protest.
The site at Orange and Melrose Avenues is within a census tract where the
optimum number of licenses is eight and the number of licenses already issued
is eight. Therefore, the issuance of a license to Texaco would exceed the
optimum number and result in an "over-concentrated" condition. However, the
area is not a high crime area, and consequently does not fall under Rule 61,3
(which involves over-concentration ln2 a high crime rate). Although the City
could still object and force a hearing as noted earlier, the Police Department
reports that it does not foresee a problem with the issuance of a license to
the Texaco mini-market, and it does not recommend that the City protest
license issuance In this case.
In conclusion, the City would appear to have three options with respect to
alcohol sales in the CoN zone: (1) totally prohibit alcohol sales in the
zone, which would raise the issue of creating a significant number of
nonconforming alcohol sales facilities which presently exist in CoN zones; (2)
require a conditional use permit and analyze each application on a
case-by-case basis, or (3) continue to rely on the existing ABC process and
procedures.
The staff reconrnendation is to continue to rely on the 'ABC process. There
does not appear to be a problem with alcohol sales in the CoN zone. Alcohol
is a convenience item which is normally available in all convenience markets,
and convenience markets are the mainstay of the CoN zone. Also, the ABC
process involves notice and opportunity for input/objection from the
surrounding neighbors as well as from the City Council and Police Department.
An analysis of concentration of facilities and crime rate is also part of the
/lBC process to assist the Police Department In identifying potential problem
locations.
\ c; -5
.J - ..5
.
'age 4, Ite.
Meeting Date 4/21/92
Con~urr.nt SI'&5 of alcoho' and aaso'1ne
The issue of concurrent sales of alcohol and gasoline has been raised by many
localities since the advent of the mini-market in the mid 1970's. Although it
is probably fair to say that the vast majority of alcohol purchases are made
in conjunction with an automobile trip .. whether that be to the grocery
store, liquor store, or mini-market -- to some observers there appears to be
something inherently unsettling about purchasing liquor and gas at the same
time.
-
Thi City Attorney reports that attempts by municipalities to control or
prohibit the concurrent sale of liquor and gasoline resulted, in 1987, in a
new State law (Business and Professions Code Section 23790.5) which makes it
clear that a local ordinance totally prohibiting the concurrent sale of beer
and wine for off-premise consumption and motor vehicle fuel, where those uses
are otherwise lawful in the same zone, is prohibited by State law.
The City Attorney further reports that the law would not prohibit a city from
requiring a conditional use permit for concurrent sales if the standard by
which the conditional use permit is granted, denied or conditioned constitutes
an appropriate health, safety, or general welfare standard, and the ordinance
contains specified due process provisions. Thus, if the denial or conditional
approval of a conditional use permit is based on some articulated health,
safety or general welfare standard other than a blanket prohibition against
concurrent sale, the ordinance could survive legal challenge.
Although the City could therefore adopt a conditional use permit process to
address the issue of concurrent sales on a case.by-case basis, according to
both the Police Department and ABC, there is no discernable connection between
the concurrent sale of alcohol and gasoline and the incidence of driving under
the influence, traffic accidents, or any other health or safety issue. As
noted above, the purchase of alcohol is generally associated with an
automobile trip, and the purchase of gasoline is only incidental to the
process.
In conclusion, the staff recommendation is not to pursue a conditional use
permit process for concurrent sales. Any potential problem with respect to
alcohol sales, whether it be in an independent or concurrent sales context,
appears to be adequately addressed through the existing ABC process.
fISCAL IMPACT: None.
IIPC 0231p
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"1</>-'...., oi~ T __
EXCERPT FROM CITY COUNCIL MINUTES OF APRIL 21, 1992
,
"
28. REPORT PCM-92-14: ALCOHOL SALES FAOU11ES IN NEIGHBORHOOD
COMMEROAL (C-N) ZONES. On 2111192. Council directed the Planning Department, with assistance from
the Police Department and input from the State Departtnent of Alcoholic Beverage Control (ABC), to prepare
a report and recommendation on the number of alcohol sales facilities that should be allowed within a CoN
zone. Some concern has also been expressed with concurrent sales of gasoline and alcohol, particularly
within a CoN zone. The report addresses both issues. Staff recommends Council not adopt any local
standards with respect to the concentration or concurrent sales of alcohol, but continue to rely on the State
Ileparttnent of Alcoholic Beverage Control process to regulate the establishment of alcohol sales facilities
in the CoN zone. (Director of Planning)
Mayor Nader returned at 7:16 p.m.
MOTION: (Nader) to forward the item to the Planning Commission for review and recommendation.
Motion died for lack of second.
Councilman Malcolm stated he had some problems with too many alcoholic beverage sale locations. He
thought a more proper procedure might be for Council to receive a copy of a new application in their
Council packet so they would have a chance to review it to determine whether or not any action should be
taken. He would rather see an ordinance that would allow Council to deny gas stations or additional fast
service stores from locating where there were already too many, if Council deemed it appropriate.
Mayor Nader stated that at the minimum, he would want input from the Police Department.
Councilman Malcolm responded that the Police Departtnent and Administration were already involved.
Councilman Rindone said he had. a concern with the proposal because that was getting the policy making
function of the Council into the administration of the City. He thought what they should do was set policy
but not place themselves where they were administratively reviewing certain segments of the City when it
reached a certain threshold. He said it needed to be established by policy and reported to Council by staff.
Councilman Malcolm pointed out that he was just referring to the CoN zone.
CoUncilwoman Grasser Horton felt that the staff report pretty much addressed Council's concerns.
,-
Councilman Malcolm responded that he did not want to wait until the surrounding neighborhood had a
problem, but to look into the future and be proactive versus reactive.
,
MSUC (Nader/Ma1colm) to refer to staff to develop an ordinance to bring before CouncD for hearing and
consideration which would provide that when there is an application to sell alcohol in C-N zone, it would
be subject to approval of the City and specifically of the Police Department and that such approvals would
be placed on the Consent Calendar of the following City CouncD meeting.
e
~'5 ~1
UNOFFICIAL MINUTES
EXCERPT FROM PLANNING COMMISSION MINUTES OF 7/22/92
ITEM 3:
PUBLIC HEARING: PCA-92-03 - CONSIDERATION OF AN
AMENDMENT TO THE MUNICIPAL CODE TO REQUIRE A
CONDmONAL USE PERMIT FOR SALES OF ALCOHOLIC
BEVERAGES IN THE C-N ZONE - City Initiated
Senior Planner Griffin stated that in response to the City Council's request, staff was proposing
an ordinance which would require a Zoning Administrator conditional use permit with public
hearings for all such facilities. In addition to the normal fmdings required for a conditional use
permit, the ordinance would also require the Zoning Administrator to find that any additional
facility would not result in an over concentration of alcohol sales in a particular area. The
ordinance would allow the Zoning Administrator's decision to be appealed directly to the City
Council. Staff recommended that the Planning Commission endorse the ordinance as shown in
Exhibit A to the staff report.
Commissioner Decker asked if a decision of the Zoning Administrator could be appealed to the
Planning Commission if desired by the applicant. Senior Planner answered that the intent was
to have the appeal process go directly from the Zoning Administrator to the City Council. It
would not be an option of the applicant to appeal to the Planning Commission.
Commissioner Decker asked that the wording on page 3-7 of the ordinance be changed from
"may" to "shall". Assistant City Attorney Rudolf explained that the applicant was not being
required to appeal; it was the intent of the ordinance for the decision of the Zoning
Administrator to be fmal unless appealed to the Council. Commissioner Decker concluded then
that the applicant could appeal to the Planning Commission if desired. Assistant Attorney
Rudolf stated that the intent was to not allow an appeal directly to the Planning Commission and
give a double review.
Senior Planner Griffm concurred that the language caused it to appear optional, and it could be
clarified. Mr. Griffin said that if the Commission wished, the language could be clarified.
Commissioner Martin, referencing page 3-6, was concerned with the paragraph stating "there
was no discemable connection between the concurrent sale of alcohol and gasoline and the
incidents of driving under the i1ifluence...." At a Planning Commissioners' meeting in
Monterey, they had been told the opposite. Commissioner Martin was interested in how the
Police Department had been asked about this. Mr. Griffin answered that the Police Department
and ABC's point was that there was no connection between the fact that alcohol was available
at a mini-market which also sold gasoline and the incidents of driving under the influence.
Commissioner Martin was concerned with that logic. In answer to Mr. Martin's query, Mr.
Griffin said the question and issue was discussed very directly with the Police Department, and
they said there was no connection.
Chair Casillas said he, too, was concerned with that language and had met with the Chief of
Police and two Lieutenants. After a discussion with them, he was satisfied that the Police
\~ - 8'
Department would review applications for licenses thoroughly, the statistics in the area, and the
concentration of licenses in a particular area. He supported the proposal.
Commissioner Tuchscher felt the ABC was doing a good job, and this was redundant. He saw
a real bottleneck in the system in that before the ABC would investigate whether a license would
be allowed, the applicant would have to have a CUP in hand. That would mean a considerable
amount of time and money spent in going through the process of getting a CUP before even
applying to the ABC. He felt a tremendous amount of time would be added to the process, and
another layer of bureaucracy. He did not support the ordinance.
Chair Casillas explained that the process the Police Department would go through was essentially
the process the ABC would go through. If the Police Department of the City felt it may not be
appropriate for the ABC to grant the license, they would register their comment. Chair Casillas
felt that in all likelihood the ABC would not grant the license.
Commissioner Fuller asked if that was not part of the ABC process--they work with the Police
Department in this. She reiterated the options listed in the staff report, one of which was to
continue to rely on the ABC process. Commissioner Tuchscher, reading from the staff report,
said the ABC process involved notice and opportunity for input/objection from the surrounding
neighbors as well as the City Council and Police Department. He hoped they would do that,
and felt very comfortable that the ABC would listen to the City and, if there was an objection,
to not grant the license.
Senior Planner Griffin clarified that the report referred to was background information which
had previously been sent to Council. It was Council's direction to prepare an ordinance, and
staff's recommendation at this time was to adopt an ordinance as shown in Exhibit A. Mr.
Griffin believed Council's feeling was that the Zoning Administrator process with the public
hearing would allow a locally based hearing for the surrounding residents which would be more
personal, more customized.
Chair Casillas felt the ABC could use any assistance the community could give them, since they
were cutting back in personnel. Commissioner Tuchscher said he understood it was taking the
ABC as much as six months to issue a license and the applicant is in a holding pattern. If we
required a CUP process prior to that, Mr. Tuchscher felt there would be another three or four
months added. Senior Planner Griffm said the Zoning Administrator process would probably
be finalized within one month. If it was appealed on, it could add an additional three weeks to
a month. If the Zoning Administrator's decision was not appealed, it would be about a one-
month process. Commissioner Tuchscher did not feel the ordinance was necessary; he felt input
was important; that if the Council was not currently noticed with regard to ABC applicant, they
should be; that the Police Department should take the notices seriously. He did not feel the
system needed more layers.
Commissioner Martin believed it was not smart to sell alcohol and gasoline at the same time.
He did not have a problem with the layers of bureaucracy.
\'S -9
In response to Commissioner Decker's previous question, beginning with "The decision of the
Zoning Administrator may be appealed," Assistant City Attorney Rudolf suggested the following
(as underlined): "The decision of the Zoning Administrator may be appealedL Such appeal mmJ.
~ directly to the City Council rather than to the Planning Commission, and must be filed within
10 days after the decision is filed with the City Clerk." Mr. Rudolf felt that would clarify the
ambiguity Mr. Decker found.
This being the time and the place as advertised, the public hearing was opened.
Norm Ross, 380 Parkway, Chula Vista 91910 said he had been through the process of applying
for a beer and wine license. He concurred with Commissioner Tuchscher that it took six to nine
months to get a license of any type, and that the ABC does a thorough job. Mr. Ross said that
if he understood the proposed ordinance correctly, everyone would need a conditional use permit
to sell liquor in a C-N zone, including restaurants, etc. that did not sell gasoline. He felt that
would be unfair. He suggested the Commission simply state that liquor and gasoline could not
be sold at the same time.
No one else wishing to speak, the public hearing was closed.
MSC (Decker/Fuller) 4-2 (Commi..~ioners Carson and Tucbscher voted against) to
recommend that the City Council accept the amendment to the Municipal Code as
published in Exhibit A, and as amended by the City Attorney.
lS../D
RESOLUTION NO. PCA-92-03
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING TO THE CITY COUNCIL THE
ADOPTION OF AN AMENDMENT TO SECTIONS 19.14.030,
19.34.020 AND 19.34.030 OF THE CHULA VISTA
MUNICIPAL CODE
WHEREAS, on April 21, 1992, after consideration of a report on
alcohol sales facil ities in CoN Neighborhood Cormnercial zones (ref:
PCM-92-14), the City Council directed staff to return with an ordinance
establishing an application procedure for alcohol sales in the CoN zone, and
WHEREAS, the Planning Cormnission set the time and place for a hearing
on said amendment and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the city at
least ten days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised,
namely 7:00 p.m.. July 22, 1992, in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission and said hearing was thereafter closed, and
WHEREAS, the Environmental Review Coordinator has determined that the
amendments are exempt from environmental review as a minor alteration in land
use, in accordance with Section 15305 Class 5 of the CEQA Guidelines, or Class
5F of the City of Chula Vista Environmental Procedures.
NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE
HEARING, THE PLANNING COMMISSION recommends the adoption of amendments to
Title 19 of the Municipal Code as listed in Exhibit A attached hereto and made
a part hereof.
That a copy of this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA,
this 22nd day of July 1992, by the following vote, to-wit:
AYES: Commissioners Fuller, Casillas, Decker and Martin
NOES: Commissioners Carson and Tuchscher
ABSENT: None
ATTEST:
~~<-~ ;?~~~
N cy Ri ley, Setret y
WPC 0427p
\t5 ~ 1 \
Exhibit A
Chapter 19.34
C-N NEIGHBORHOOD COMMERCIAL ZONE
19.34.020 Permitted uses
I. Litf';ler S'Esre (paeltage, eft sale 8711y) 1
19.34.030 Conditional uses.
~ Establishments contained in the list of Dermitted uses above.
but which include the sale of alcoholic beveraaes for off-site
use or consumDtion. in accordance with the Drocedures in
section 19.14.030:
~ Liauor store (Dackaae. off sale onlY). in accordance with the
Drocedures in section 19.14.030.
Chapter 19.14
ADMINISTRATIVE PROCEDURES, CONDITIONAL USES AND VARIANCES
19.14.030 zoning administrator-Actions authorized without public
hearing.
A. Conditional use permit: The zoning administrator shall be
empowered to issue conditional use permits, as defined herein,
in the following circumstances:
~ Establishments that include the sale of alcoholic
beveraaes for off-site use or consumDtion. located in the
C-N zone. The zonina administrator shall hold a Dublic
hearina in accordance with sections 19.14.060-19.14.090
UDon aivina notice thereof in accordance with Sections
19.12.070-19.12.080. A conditional use Dermit shall not
be aranted unless the Zonina Administrator finds. based
on substantial evidence in view of the whole record. that
all of the facts reauired bY section 19.14.080 exist. and
that aDDroval of the Dermit will not result in an
overconcentration of such facilities in the neiahborhood.
The Police DeDartment shall testifY at the hearina
reaardina the overconcentration issue. The City Council
shall be informed of the decision on each such Dermit bY
the City Clerk when the decision is filed in accordance
with Section 19.14.090. The decision of the Zonina
Administrator may be aDDealed. Such aDDeal shall be
directlY to the City Council. rather than the Plannina
Commission. and must be filed within ten days after the
decision is filed with the city Clerk. as Drovided in
Section 19.14.100. If aDnealed within the time limit.
\'5.. 11..
.-
said aooeal shall be considered in a oublic hearina
conducted bv the City Council. in the same manner as
other aooeals oursuant to Sections 19.14.120 and
19.14.130. exceot that the Council m~st make the same
written findinas reauired of the Zonina Administrator
herein. in order to arant the oermit.
\ S, 13
ORDINANCE NO. 25')../P
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTIONS.I9.14.030, 19.34.020 AND 19.34.030 OF
THE CHULA VISTA MUNICIPAL CODE RELATED TO THE
SALE OF ALCOHOLIC BEVERAGES ON THE C-N ZONE
WHEREAS, on April 21, 1992, after consideration of a report on
alcohol sales facilities in C-N Neighborhood Commercial zones (ref.
PCM-92-14), the City Council directed staff to return with an ordinance
establishing an application procedure for alcohol sales in the C-N zone; and
WHEREAS, the amendments provide for a Zoning Administrator
conditional use permit with a public hearing for all new alcohol sales
facilities in the C-N zone; and
WHEREAS, in addition to the normal findings required for a
conditional use permit, and in consultation with the Police Department, the
amendments woul d requi re the Zoni ng Admi ni strator to fi nd that the faci 1 i ty
would not result in an overconcentration of such facilities in the
neighborhood; and
WHEREAS, the amendments provide that the City Council would be
informed of the Zoni ng Admi n i strator' s deci s i on, and the Council or other
interested party, coul d appeal the permit di rectly to the Ci ty Council for
public hearing; and
WHEREAS, the Environmental Review Coordinator has determined that
the amendments are exempt from envi ronmenta 1 revi ew as a mi nor a 1 terat ion in
land use, in accordance with Section 15305 Class 5 of the CEQA Guidelines, or
Class 5F of the City of Chula Vista Environmental Review Procedures.
THEREFORE, the City Council of the City of Chul a Vi sta does hereby
ordain as follows:
SECTION I: That Section 19.14.030 of the Chula Vista Municipal Code
is hereby amended to read as follows:
Chapter 19.14
ADMINISTRATIVE PROCEDURES, CONDITIONAL USES AND VARIANCES
19.14.030 Zoning administrator-Actions authorized without public hearing.
The zoni ng admi ni strator is authori zed to cons i der and to approve,
disapprove or modify applications on the following subjects, and/or issue the
following required permits without setting the matter for a public hearing:
A. Conditional use permit: The zoning administrator shall be empowered
to issue conditional use permits, as defined herein, in the
following circumstances:
1<S .. 1"5
Ij,<( :~r
, f.t,"
Ordinance No. .l5'.;tl,.
Page 2
1. Where the use to be permitted does not involve the construction
of a new building or other substantial structural improvements
on the property in question.
2. Where the use requiring the permit would make use of an
existing building and does not involve substantial remodeling
thereof.
3. For signs, as defined herein, and temporary tract houses, as
limited herein.
4. The zoning administrator is authorized to consider and to
approve, deny, or modify applications for conditional use
permits for carni va 1 sand ci rcuses. The zoni ng admi ni strator
shall set the matter for public hearing in the manner provided
herein.
5. Churches.
~ Establishments that include the sale of alcoholic beveraaes for
off-site use or consumotion. located in the C-N zone. The
zonina administrator shall hold a oublic hearina in accordance
with Sections 19.14.060-19.14-090 uoon aivina notice thereof in
accordance with Sections 19.12.070-19.12.080. A conditional
use oermit shall not be qranted unless the Zonina Administrator
finds. based on substantial evidence in view of the whole
record. that all of the facts required bv Section 19.14.080
exi st. and that aooroval of the oermit will not result in an
overconcentration of such facilities in the neiqhborhood. The
Pol ice Deoartment shall testify at the hearina reQardina the
overconcentration issue. The City Council shall be informed of
the decision on each such oermit bv the City Clerk when the
deci s ion is fil ed in accordance wi th Section 19.14.090. The
decision of the Zoninq Administrator may be aooealed. Such
aooeal shall be directly to the CIty Council. rather than the
Pl anni na Commi ssi on. and must be fi 1 ed wi thi n ten days after
the decision is filed with the City Clerk. as orovided in
Section 19.14.100. If aooealed within the time limit. said
aooeal shall be considered in a oublic hearina conducted bv the
City Council. in the same manner as other aooeals oursuant to
Sections 19.14.120 and 19.14.130. exceot that the Council must
make the same written findinqs required of the Zonina
Administrator herein. in order to arant the oermit.
B. Vari ances: The zoni ng admi ni strator shall be authori zed to grant
variances for limited relief in the case of:
1. Modification of distance or area regulations;
\c;..l~
Ordinance No. ;2. s ';..'-
Page 3
2. Additions to structures which are nonconforming as to sideyard,
rear yard, or lot coverage, providing the additions meet the
requirements of the zoning ordinance affecting the property;
3. Walls or fences to exceed heights permitted by ordinances.
Modifications requested in said applications for relief to be
administered with the requirement for a public hearing shall be
limited to deviations not to exceed twenty percent of the
requirements imposed by ordinances.
C. Site plan and architectural approval: The zoning administrator
shall be empowered to grant site plan and architectural approval as
provided herein.
D. Performance standards procedure. The zoning administrator shall be
authorized to issue a zoning permit for uses subject to performance
standards procedure, as provided herein.
E. Home occupations: The zoni ng admi ni strator shall be authori zed to
grant permits for home occupations, as defined and regulated in
Section 19.14.490.
F. Fees: A fee in the amount as presently designated or as may be in
the future amended in the master fee schedul e shall accompany each
application for a variance or conditional use permit or
modifications thereto considered by the zoning administrator without
a public hearing.
In regard to applications on any of the aforementioned subjects, the
zoning administrator shall set a reasonable time for the consideration of
the same and give notice thereof to the applicant and to other interested
person as defined in this title. In the event objections or protests are
received, the zoning administrator shall set the matter for public
hearing as provided herein. (Ord. 2290 91 (part) 1989; Ord. 2075 92,
1984; Ord. 2011 91 (part), 1982; Ord. 1813 91 (part), 1978; Ord. 1371 91
(part), 1971; Ord. 1212 91 (part), 1969; prior code 933.1302(B).
SECTION II: That Section 19.34.020 of the Chula Vista Municipal
Code is hereby amended to read as follows:
Chapter 19.34
C-N - NEIGHBORHOOD COMMERCIAL ZONE
19.34.020 Permitted uses.
The following are the principal permitted uses in a C-N district:
A. Grocery, fruit or vegetable store;
B. Bakery;
C. Drugstore;
t-=....'l
Ordinance No. ~L.
Page 4
D. Barbershop and beauty shop;
E. Clothes-cleaning pickup agencies with incidental pressing;
F. Business or professional office;
G. Restaurant, cafe or soda fountain, not including entertainment,
dancing or sale of 1 iquor, beer, or other alcohol ic beverages for
consumption on the premises or drive-in car service;
H. Commercial parking lots for passenger vehicles, subject to the
requirements of Sections 19.62.010 through 19.62.130;
II ~j~~pf/~tpf~/lp~t~~g~'/pff/~~l~/p~lIJt
~ Coin-operated laundry, with maximum capacity washing units of twenty
pounds and comparable drying equipment, and clothes cleaning agency;
l!... Any other retail business or service establ ishment supplying
commodities or performing services for residents of the neighborhood
which is determined by the planning commission to be of the same
genera 1 character as the above-ment i oned retail bus i ness or service
uses, and open during normal business hours of the above uses;
K.. Accessory uses and buildings customarily appurtenant to a permitted
use, such as incidental storage facilities and satellite dish
antennas in accordance with the provisions of Section 19.22.030F.I-9;
~ Agricultural uses as provided in Section 19.16.030.
(Ord. 2108 ~ 1 (part) 1985: Ord. 13.56 ~ 1 (part), 1971: Ord. 1212 ~ 1
(part), 1969: prior code ~ 33.508(B).)
SECTION III: That Section 19.34.030 of the Chula Vista Municipal
Code is hereby amended to read as follows:
~
J(
~
.M
19.34.030 Conditional uses.
The following uses shall be permitted in the C-N zone, provided a
conditional use permit is issued in accordance with the provisions of Section
19.14.060:
A. Automobil e servi ce stat ions, in accordance with the provi si ons of
Section 19.58.280;
B. Sale of beer or other alcohol ic beverages for consumption on the
premises only where the sale is incidental the sale of food;
C. El ectri ca 1 substations and gas regul ator stat ions, subject to the
provisions of Section 19.58.140;
D. Unclassified uses, see Chapter 19.54;
E. Roof-mounted satellite dishes subject to the standards set forth in
Section 19.30.040.
F. Recycling collection centers, subject to the provisions of Section
19.58.340.
l~...lt
Ordinance No. ~~
Page 5
G. Automated, drive-through car washes in accordance with the
provisions of Section 19.58.060.
l:L. Establ i shments contained in the 1 i st of permi tted uses above. but
which include the sale of alcoholic beveraQes for off-site use or
consumption. in accordance with the procedures in Section 19.14.030:
~ Liquor store (packaQe. off sale onlv). in accordance with the
procedures in Section 19.14.030.
SECTION IV: This ordinance shall take effect and be in full force
on the thirtieth day from and after its adoption.
Presented by
Bruce M. Boogaard
City Attorney
Robert A. Leiter
Director of Planning
WPC 0423p
\S-Iq
v
File No.
PUBLIC HEARING CHECK LIST
CITY COUNCIL PUBLIC HEARING DATE )? II \ I Cj "2-
SUBJECT (JO",- "I 'l..-O~: ~n J.....J ~ \ '1
LOCATION~
~~r
SENT TO STAR NEWS FOR PUBLICATION .. BY FAX ~Y HAND ; BY MAIL
PUBLICATION DATE '" / I 192- - -
MAILED NOTICES TO PROPERTY OWNERS
-
NO. MAILED
PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK ~ /3> /"1 2-
.
COPIES TO:
Administr/)M /
Planning
Originating D7ent
Engineering
Others
City Clerk's Office (2)
[/
V 7/3 I /"12--
POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
.58-
15-)/
,
...
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY
COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA for the purpose of considering:
PCA-92-03: Amendment to Title 19 of the Municipal Code to delete liquor sales
as a permitted use in C-N wne; authorize liquor sales under certain specified
conditions in C-N wne; and the addition of a new subdivision to Section
19.14.030 establishing the procedure for the sale of alcoholic beverages in the
C-N zone.
Any petitions to be submitted must be received by the City Council no later than noon of the
hearing date. If you wish to challenge the City's action in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice, or
in written correspondence delivered to the City Clerk at or prior to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
August 11, 1992, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
DATED:
FILE NO:
July 29, 1992
PCA-92-03
;5-)J-
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COUNCIL AGENDA STATEMENT
Item /!.J,
Meeting Date 8/11/92
ITEM TITLE: a) Resolution }b1S~ Authorizing issuance of bonds,
approving bond indenture and official statement for Assessment
District No. 90-1 (Salt Creek I)
b) Resolution )\..'1 '5~ Making award for sale of bonds and
providing for the establishment of a redemption fund for
Assessment District No. 9~0.1 (Salt Creek I)
SUBMITTED BY: Director of Public Works
Di rector of Fi nance ~ '
REVIEWED BY: City Manager J; ~~ (4/5ths Vote: Yes_No...x.J
These are the cl os i ng reso 1 ut ions for the Salt Creek I assessment di stri ct
proceedi ngs. They approve certai n bond-rel ated documents and award the bond
sale to the lowest bidder.
RECOMMENDATION: Adopt the resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On July 28, 1992, Council approved the modified Engineer's Report, authorized
the issuance of 1915 Act bonds, and authorized the advertising for bid on the
bond issue. The total amount assessed to the district, which includes single
family detached homes, townhomes, and condominiums, was $4,747,261.61.
Sealed proposals will be received on August 11, 1992 at 11:00 a.m. in the
offi ces of Charl es P. Young/Jeffri es Banknote Company in Los Angeles. The
Director of Finance will have received the bids, and will give a verbal report
at the time of the Council meeting.
Tonight's action will complete the legislative proceedings for the Salt Creek
I Assessment District. Through the approval of these resolutions, the
following will generally be accomplished:
1. The RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS AND APPROVING THE BOND
INDENTURE AND PRELIMINARY OFFICIAL STATEMENT approves the bond indenture,
which sets forth the conditions and covenants of the bond issue, and the
prel imi nary offi ci al statement, which is the di scl osure document about
the assessment district and bonds, in substantially final form. After
the successful bidder has been determined, the bond indenture must be
executed on behalf of the Council by the Director of Finance.
l/P - I
Page 2, Item 1ft:,
Meeting Date 8/11/92
2. The RESOLUTION MAKING AWARD FOR SALE OF BONDS awards the bond sale to the
low bidder, in terms of interest cost, at the bid opening and provides
for the establishment of the bond redemption fund to which property owner
payments will be deposited, and from which payments to the bondholders
will be made for the 25-year term of the bonds.
FISCAL IMPACT: All bond issuance costs will be paid by the assessment
district. The developer has already deposited the 1% origination charge.
After the bond issuance, a total of $51,264 will be transferred to the General
Fund.
LdT:AY-082
WPC 6114E
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ASSESSMENT DIAGRAM
ACQUISITION
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RESOLUTION NO. 16717
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, AUTHORIZING CERTAIN ASSESSMENT
DISTRICT BONDS TO BE SOLD AT A PUBLIC SALE AND DIRECTING
A CALL FOR FOR SEALED BIDS FOR ASSESSMENT DISTRICT NO.
90-1 (SALT CREEK I)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has
previously initiated proceedings pursuant to the provisions of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and Highways Code of
the State of California, and declared its intention to issue bonds pursuant to
the provisions of the "Improvement Bond Act of 1915", being Division 10 of said
Code, in a speci a 1 assessment di stri ct known and desi gnated as ASSESSMENT
DISTRICT NO. 90-1 (SALT CREEK I) (hereinafter referred to as the "Assessment
District"); and,
WHEREAS, at this time this legislative body is desirous to proceed to
authorize that said bonds shall be sold on sealed proposals to the highest
bidder, all in the form as authorized by law.
NOW, THEREFORE BE IT HEREBY RESOLVED AS FOLLOWS:
SECTION 1.
SECTION 2.
That the above recitals are all true and correct.
SECTION 4.
That this legislative body does hereby call for sealed
bids through a competitive sale for bonds to be issued
to represent unpaid assessments within the Assessment
Di stri ct, sai d bonds to be issued in the form and
provisions of the "Improvement Bond Act of 1915", being
Division 10 of the Streets and Highways Code of the
State of California.
That the interest rate on said bonds shall not exceed
the current legal maximum interest rate of 12% per
annum, and said bonds shall be subject to all of the
terms and provisions relating to bonds as set forth in
the "Improvement Bond Act of 1915", and further as set
forth in the Resolution of Intention for these
proceedings.
That the designated Financial Consultant, KADIE-JENSEN,
JOHNSON & BODNAR, is hereby directed and authorized to
proceed at thi s time to ca 11 for sealed bi nds and
solicit proposals for the sale of bonds represent all
unpaid assessments on privately owned property within
the boundaries of the Assessment District.
SECTION 3.
SECTION 5.
That there will be furnished the legal opinion of BROWN,
DIVEN & HENTSCHKE, Attorneys at Law, approving the
validity of the proceedings and the enforceability of
J/~ ,~
Resolution No. 16717
Page 2
said bonds.
SECTION 6. This legislative body does further specifically covenant
for the benefi t of the bondholders to conunence and
prosecute to completion foreclosure actions regarding
delinquent installments of the assessments in the
manner, within the time limits and pursuant to the terms
and conditions as set forth in the Bond Indenture to be
submitted and approved.
Presented by Approved as to form by
John P. Lippitt Bruce M. Boogaard
Director of Public Works City Attorney
110- 5
Resolution No. 16717
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 28th day of July, 1992, by the following vote:
YES: Counci 1 members: Grasser Horton, Malcolm, Moore,
Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16717 was duly passed, approved,
and adopted by the City Council held on the 28th day of July, 1992.
Executed this 28th day of July, 1992.
Beverly A. Authelet, City Clerk
1&.'("
RESOLUTION NO. Ib153
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, AUTHORIZING ISSUANCE
OF BONDS, APPROVING BOND INDENTURE AND PRELI-
MINARY OFFICIAL STATEMENT FOR ASSESSMENT
DISTRICT NO. 90-1 (SALT CREEK I)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, is conducting proceedings for the installation of
certain public improvements in a special assessment district
pursuant to the terms and provisions of the tlMunicipal Improvement
Act of 1913", being Division 12 of the Streets and Highways Code of
the State of California, said special assessment district known and
designated as ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) (herein-
after referred to as the "Assessment District"); and,
WHEREAS, this legislative body has previously declared in its
Resolution of Intention to issue bonds to finance said improvements,
said bonds to issue pursuant to the terms and provisions of the
"Improvement Bond Act of 1915", being Division 10 of said Code; and,
WHEREAS, at this time this legislative body is desirous to set
forth all formal terms and conditions relating to the authorization,
issuance and administration of said bonds; and,
WHEREAS, there has been presented, considered and ready for
approval a bond indenture setting forth formal terms and conditions
relating to the issuance and sale of bonds; and,
WHEREAS, there has also been presented for consideration by
this legislative body a form of Preliminary Official Statement
containing information including but not limited to the Assessment
District and the type of bonds, including terms and conditions
thereof; and,
WHEREAS, this legislative body hereby further determines that
the unpaid assessments shall be specifically in the amount as shown
and set forth in the Certificate of Paid and Unpaid Assessments as
certified by and on file with the Treasurer, and for particulars as
to the amount of said unpaid assessments, said Certificate and list
shall control and govern.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are true and correct.
BOND AUTHORIZATION
SECTION
issuance of
2. That this legislative body does authorize the
limited obligation improvement bonds in an aggregate
If,pA -I
Resolution No.
Page Two
principal amount not to exceed $5,126,384.94 pursuant to the terms and
provisions of the "Improvement Bond Act of 1915", being Division 10 of the
Streets and Highways Code of the State of California, and also pursuant to
the specific terms and conditions as set forth in the BOND INDENTURE
presented herein.
BOND INDENTURE
SECTION 3. That the BOND INDENTURE is approved substantially in the
form presented herein, subject to modifications as necessary and as
approved by the Finance Director. Final approval of the BOND INDENTURE
shall be conclusively evidenced by the signature of the Finance Director.
A copy of said BOND INDENTURE shall be kept on file with the transcript of
these proceedings and open for public inspection.
PRELIMINARY OFFICIAL STATEMENT
SECTION 4. That the PRELIMINARY OFFICIAL STATEMENT is approved
substantially in the form presented, subject to modifications as necessary
and as approved by the City Manager, and execution and distribution of the
Preliminary Official Statement and the corresponding final Official State-
ment is hereby authorized. The City Manager is further authorized to
execute and deliver any certificate regarding the finality of the Prelimi-
nary Official statement as may be necessary or appropriate for purposes of
complying with Section 240.15C2-12 in Chapter II of Title 17 of the Code of
Federal Regulations ("Rule 15C2-12"). A copy of the Preliminary Official
Statement and final Official Statement shall be kept on file with the
transcript of these proceedings and remain open for public inspection.
FINAL ASSESSMENTS
SECTION 5. That the Certificate of Paid and Unpaid Assessments, as
certified by the Treasurer, shall remain on file in that office and be open
for public inspection for all particulars as it relates to the amount of
unpaid assessments to secure bonds for this Assessment District.
SUPERIOR COURT FORECLOSURE
SECTION 6. This legislative body does further specifically covenant
for the benefit of the bondholders to commence and prosecute to completion
foreclosure actions regarding delinquent installments of the assessments in
the manner, within the time limits and pursuant to the terms and conditions
as set forth in the Bond Indenture as submitted and approved through the
adoption of this Resolution.
OTHER ACTS
SECTION 7. All actions heretofore taken by the officers and agents of
the City with respect to the sale and issuance of the bonds are hereby
approved, confirmed and ratified, and the Finance Director and any and all
other officers of the City are hereby authorized and directed, for and in
the name and on behalf of the City, to do any and all things and take any
/ ~A - L
Resolution No.
Page Three
and all actions relating to the execution and delivery of any and
all certificates, requisitions, agreements and other documents,
which the Finance Director may deem necessary or advisable in order
to consummate the lawful issuance and delivery of the bonds in
accordance with this resolution.
Presented by
Approved as to form by
(
)
/~t/
John P. Lippitt
Public Works Director
Bruce M. Boogaard
city Attorney
I ~A -3 /1' I/.~
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BOND INDENTURE
This Bond Indenture (the "Indenture") dated as' of August 11, 1992, is created,
entered into and approved by the City of Chula Vista (the "Issuer") to establish the
terms and conditions pertaining to the issuance of bonds in a special assessment
district known and designated as ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) (the
"Assessment District").
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
Issuance, Oesianation and Amount. Pursuant to the provisions of the
"Improvement Bond Act of 1915", being Division 10 of the Streets and
Highways Code of the State of California, as amended (the "Act"), the
Issuer does hereby authorize and direct the issuance and sale of bonds
in one or more series and at one or more times to represent unpaid
assessments on private property within the Assessment District and
designated by series as the "City of Chula Vista, Assessment District
No. 90-1 (Salt Creek I) Limited Obligation Improvement Bonds" (the
"Bonds").
Unpaid Assessments. The Issuer shall determine the assessments which
are unpaid and the aggregate amount thereof as authorized by Section
8621 of the Streets and Highways Code of the State of California and
shall issue Bonds in an aggregate principal amount equal to the deter-
mined amount of unpaid assessments.
Term of Bonds. The Bonds shall bear interest at a rate not to exceed
the current legal maximum rate of 12% per annum, and shall be issued in
the manner provided in the Act. The last installment of the Bonds
shall mature a maximum of and not to exceed twenty-four (24) years from
the second day of September next succeeding twelve (12) months from
their date. The provisions of Part 11.1 of the Act, providing an
alternative procedure for the advance payment of assessments and the
calling of Bonds shall apply. The Bonds shall be subject to refunding
pursuant to Division 11.5 of the Streets and Highways Code of the State
of California.
Registered Bonds. The Bonds shall be issuable only as fully registered
Bonds in the denomination of $5,000, or any integral multiple thereof,
except for one bond maturing in the first year of maturity, which shall
include the amount by which the total issue exceeds the maximum
integral multiple of $5,000 contained therein.
Date of Bonds. All of said Bonds shall be dated August 2, 1992.
Maturity and Denomination. The Bonds shall be issued in serial and
term form, with annual maturities on September 2nd of every year
succeeding twelve (12) months after their date, until the whole is paid.
The pr inc ipal amount payable each year, taking into consideration
mandatory sinking fund redemptions, shall result in approximately equal
annual debt service during the term of the issue considering the
interest rate and principal amount payable in the respective years, is
as shown in Exhibit "An attached hereto and in section 9 hereto.
1
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SECTION 7.
SECTION 8.
SECTION 9.
Interest. Interest is payable each March 2 and September 2 (each being
an interest payment date), commencing March 2, 1993. Each Bond shall
be of a single maturity and shall bear interest at the rate as set
forth in the accepted bid proposal for said Bonds from the interest
payment date next preceding the' date on which it is authenticated and
registered, (i) unless said Bond is authenticated and registered as of
an interest payment date, in which case it shall bear interest from
said interest payment date, (ii) unless said Bond is authenticated and
registered prior to the first interest payment date, in which case it
shall bear interest from its date, or (iii) unless interest is in
default on said Bond on such date, in which case it shall bear interest
from the last date on which interest was paid in full or from its dated
date if no interest has been paid, until payment of its principal sum
has been discharged. Interest shall be calculated on the basis of a
360 day year composed of twelve 30-day months.
Interest on said Bonds shall be paid by check mailed (or, in the case
of any owner of not less than $1,000,000 principal amount of the Bonds
who so requests in writing prior to the close of business on the
fifteenth day preceding each interest payment date, by wire transfer to
a bank in the United States of America) to the registered owner thereof
on each interest payment date at his or her address as it appears on
the books of registration, or at such address as may have been filed
with the Paying Agent for that purpose, as of the 15th day immediately
preceding said interest payment date, whether or not such day is a
business day.
Place of Payment. The principal on the Bonds shall be payable in
lawful money of the United States of America upon surrender of the Bond
at the corporate Agency Division office of Bank of America National
Trust and Savings Association in San Francisco, California, the desig-
nated registrar, transfer agent . and paying agent of the Issuer ("Paying
Agent"), or such other registrar, transfer agent or paying agent as may
be designated by subsequent Resolution of the Issuer.
Redemption.
as follows:
The first series of Bonds shall be subject to redemption
A. optional. The Bonds shall be subject to optional redemption and
payment in advance of maturity, in whole or in part, on the 2nd day
of March or September in any year, from the prepayment of assess-
ments or from the proceeds of refunding at a redemption price equal
to the principal amount redeemed, together with a preimum equal to
three percent (3') of the principal amount redeemed, plus accrued
interest to the date of redemption.
If less than all outstanding Bonds are called for optional redemp-
tion, the Issuer not less than 45 days prior to the redemption date
shall select Bonds for redemption in such a way that the ratio of
outstanding Bonds to issued Bonds shall be approximately the same
in each annual maturity insofar as possible. Within each annual
maturity Bonds shall be selected for redemption by lot.
2
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B. Mandatory Sinking Fund. The Bonds maturing on September 2, 2017
(the "Term Bonds") are subject to mandatory sinking fund redemption
in part on September 2, 2009 and on each September 2 thereafter to
maturity, by lot, at a redemption price equal to the principal
amount thereof to be redeemed, plus accrued interest to the
redemption date, without premium, in the amounts listed below:
Date
(September 2)
2009
2010
2011
2012
2013
2014
2015
2016
2017 (maturity)
Amount
$ 235,000.00
255,000.00
280,000.00
300,000.00
325,000.00
350,000.00
380,000.00
410,000.00
445,000.00
In the event of any optional, partial redemption of the Term Bonds,
the total amount in the foregoing schedule shall be reduced by a
corresponding amount pro-rata among redemption dates in such manner
as to maintain substantially level Annual Debt services (as herein
defined) .
C. Partial Redemption. If less than all of the outstanding Bonds are
to be redeemed, the portion of any Bond of a denomination of more
than $5,000 to be redeemed shall be in the principal amount of
$5,000 or an integral multiple thereof, and, in selecting portions
of such Bonds for redemption, the Paying Agent shall treat each
such Bond as representing that number of Bonds of $5,000 denomina-
tions which is obtained by dividing the principal amount of such
Bond to be redeemed in part by $5,000. Upon surrender of any Bond
to be redeemed in part only, the Paying Agent shall authenticate
and deliver to the owner, as the expense of the Issuer, a new Bond
or Bonds of authorized denominations equal in aggregate principal
amount to the unredeemed portion of the Bond surrendered, with the
same interest rate and the same maturity date. Such partial redemp-
tion shall be valid upon payment of the amount required to be paid
to such owner, and the Issuer and the Paying Agent shall be
released and discharged thereupon from all liability to the extent
of such payment.
D. Notice. Notice of redemption of Bonds shall be provided at least
30 days in advance of the redemption date by registered or certi-
fied mail or by personal service to the respective registered
owners thereof at their addresses as they appear on the registra-
tion books of the Registrar. Neither the failure of any registered
owner to receive redemption notice nor any defend in such notice so
given shall affect the sufficiency of the proceedings for the
redemption of such Bonds. The Issuer shall provide instructions to
the Paying Agent to effect sinking fund redemptions at least 45
days prior to each redemption date.
3
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SECTION 10. [Reserved].
SECTION 11. Exchange of Registered Bonds. Fully registered Bonds may be exchanged
at the office of the Paying Agent in San Francisco, California, for a
like aggregate principal amount of Bonds of the same interest rate and
maturity, subject to the payment of taxes and governmental charges, if
any, upon surrender and cancellation of this Bond. Upon such transfer
and exchange, a new registered Bond or Bonds of any authorized denomina-
tion or denominations of the same maturity for the same aggregate
principal amount will be issued to the transferee in exchange therefor.
SECTION 12. Books of Registration. There shall be kept by the Paying Agent suffi-
cient books for the registration and transfer of the Bonds and, upon
presentation for such purpose, the Paying Agent shall, under such
reasonable regulations as it may prescribe, register or transfer or
cause to be ~egistered or transferred, on said register, Bonds as
hereinbefore provided.
SECTION 13. Execution of Bonds. The Bonds shall be executed manually or in facsi-
mile by the Treasurer and by the City Clerk, and the corporate seal may
be imprinted manually or in facsimile on the Bonds. The Bonds shall
then be delivered to the Paying Agent for authentication and registra-
tion. In case an officer who shall have signed or attested to any of
the Bonds by facsimile or otherwise shall cease to be such officer
before the authentication, delivery and issuance of the Bonds, such
Bonds nevertheless may be authenticated, delivered and issued, and upon
such authentication, delivery and issue, shall be as binding as though
those who signed and attested the same had remained in office.
SECTION 14. Authentication. Only such of the Bonds as shall bear thereon a certifi-
cate of authentication substantially in the form below, manually
executed by the Paying Agent,. shall be valid or obligatory for any
purpose or entitled to the benefits of this Indenture, and such certifi-
cate of the transfer agent and registrar shall be conclusive evidence
that the Bonds so authenticated have been duly executed, authenticated
and delivered hereunder, and are entitled to the benefits of this
Indenture.
FORM OF CERTIFICATE OF AUTHENTICATION AND REGISTRATION
This bond has been authenticated and registered.
BANK OF AMERICA NATIONAL TRUST
AND SAVINGS ASSOCIATION
as Transfer Agent, Registrar and
Paying Agent
Date:
By:
SECTION 15. Negotiability, Registration and Transfer of Bonds. The transfer of any
Bond may be registered only upon such books of registration upon
surrender thereof to the Paying Agent, together with an assignment duly
executed by the owner or his attorney or legal representative, in satis-
factory form. Upon any such registration of transfer, a new Bond or
4
I~A-'<b
~onds shall be authenticated and delivered in exchange for such Bond,
in the name of the transferee, of any denomination or denominations
author ized by this Indenture, and in an aggregate principal amount
equal to the principal amount of such Bond so surrendered. In all
cases in which Bonds shall be exchanged or transferred, the Paying
Agent shall authenticate at the earliest practical time, Bonds in accor-
dance with the provisions of this Indenture. All Bonds surrendered in
such exchange or registration of transfer shall forthwith be cancelled.
The Paying Agent may make a charge for every such exchange or registra-
tion of transfer of Bonds sufficient to reimburse it for any tax or
other governmental charge required to be paid with respect to such
exchange or registration of transfer. No transfer of fully registered
Bonds shall be required to be made between the fifteenth (15th) days
preceding each interest payment date, nor during the fifteen (15) days
preceding the selection of any Bonds for redemption prior to the
maturity thereof, nor with respect to any Bond which has been selected
for redemption prior to the maturity thereof.
SECTION 16. Ownership of Bonds. The person in whose name any Bond shall be
registered shall be deemed and regarded as the absolute owner thereof
for all purposes, and payment of or on account of the principal and
redemption premium, if any, of any such Bond, and the interest on any
such Bond, shall be made only to or upon the order of the registered
owner thereof or his legal representative. All such payments shall be
valid and effectual to satisfy and discharge the liability upon such
Bond, including the redemption premium, if any, and interest thereon,
to the extent of the sum or sums so paid.
SECTION 17. Mutilated, Destroyed, Stolen or Lost Bonds. In case any Bond secured
hereby shall become mutilated or be destroyed, stolen or lost, the
Issuer shall cause to be executed and authenticated a new Bond of like
date and tenor in exchange and substitution for and upon the cancella-
tion of such mutilated Bond or in lieu of and in substitution for such
Bond mutilated, destroyed, stolen or lost, upon the owner's paying the
reasonable expenses and charges in connection therewith, and, in the
case of a Bond destroyed, stolen or lost, his filing with the Paying
Agent and Issuer of evidence satisfactory to them that such Bond was
destroyed, stolen or lost, and of his ownership thereof, and furnishing
the Paying Agent and Issuer with indemnity satisfactory to them.
SECTION 18. Cancellation of Bonds. All Bonds paid or redeemed, either at or before
maturity, shall be cancelled upon the payment or redemption of such
Bonds, and delivered to the Issuer. Upon written direction from the
Issuer, Bonds may be destroyed by the Paying Agent, as allowed by law.
A certificate of destruction shall be provided to the Issuer. The
Issuer agrees to reimburse the Paying Agent's costs incurred with the
microf ilming or other required permanent recording, if any, related
thereto.
SECTION 19. Creation of Funds. The Treasurer of the Issuer is hereby authorized
and directed to establish and maintain the following funds for purposes
of making payment for the costs and expenses for the works of improve-
ment and payment of principal and interest on the Bonds. The funds to
be created are designated, and the terms and conditions of the funds
are, as follows:
5
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IMPROVEMENT FUND: The proceeds from the sale of the Bonds, after
deposit "f required amounts in the Reserve Fund and Redemption Fund,
shall be placed in the Fund hereby created, pursuant to Sections 10602
and 10424 of the California Streets and Highways Code, as amended,
which shall be called the "Improvement Fund", and the monies in said
Fund shall be used only for the purposes authorized in said assessment
proceedings, and specifically to pay for the costs and expenses of the
acquisition of the authorized public capital improvements, together
with all incidental expenses. Any surplus in the Improvement Fund
after completion of the improvements shall remain in the Improvement
Fund for a period of not less than two (2) years from the receipt of
Bond proceeds as provided in section 10427.1 of the California Streets
and Highways Code, and thereafter shall be utilized or distributed as
determined by the Issuer and authorized by the Act.
REDEMPTION FUND: The Treasurer is hereby authorized and directed to
keep a Redemption Fund designated by the name of the proceedings, into
which he shall place accrued interest, if any, on the Bonds from the
date of the Bonds to the date of delivery to the initial purchaser
thereof, all sums received for the collection of the assessments and
the interest thereon, together with all penalties, if applicable.
Principal of and interest on said Bonds shall be paid to the registered
owner out of the Redemption Fund so created (pursuant to Section 8671
of the California Streets and Highways Code). Accrued interest paid by
the purchaser of the Bonds, if any, shall be deposited in the Redemp-
tion Fund. In all respects not recited herein, the collection of
assessment installments and the Redemption Fund shall be governed by
the provisions of the Act. Under no circumstances shall the Bonds or
interest thereon be paid out of any other fund except as provided by
law.
RESERVE FUND: Pursuant to Part 16 of the Act, there shall be created a
special reserve fund for the Bonds to be designated by the name of the
Assessment District and specified as the special "Reserve Fund". An
amount equal to the Reserve Requirement shall be deposited in the
Reserve Fund out of the Bond proceeds.
Monies in the Reserve Fund shall be applied as follows:
A. Amounts in said Reserve Fund shall be transferred to the Redemption
Fund for the Bonds if, as result of delinquencies in the payment of
assessments, there are insufficient monies in said Redemption Fund
to pay principal of and interest on the Bonds when due. Amounts so
transferred shall be repaid to the Reserve Fund from proceeds from
the redemption or foreclosure of property with respect to which an
assessment is unpaid and from payments of the delinquent
assessments.
B. The "Reserve Requirement" shall be an amount equal to the lesser of
(i) the Maximum Annual Debt Service on the Bonds, (ii) 125% of the
average annual debt service on the Bonds, or (iii) the lesser of
10% of the principal amount of the Bonds outstanding or 10% of the
original principal amount less any original issue discount. Annual
Debt Service on the Bonds for each year ending september 2nd shall
6
Ir...A -ID
equal the sum oT (a) the interest falling due on the outstanding
Bonds in such ~2 month period, assuming that the outstanding Bonds
are retired as scheduled, and (b) the principal amount of outstand-
ing Bonds falling due during such 12 month period. "Average Annual
Debt Service" shall mean the average Annual Debt Service during the
term of the Bonds. "Maximum Annual Debt Service" shall mean, as
computed from time to time, the largest Annual Debt Service during
the period from the date of such computation through the final
maturity of any outstanding Bonds.
C. Interest earned on the permitted investment of monies on deposit in
the Reserve Fund shall remain in the Reserve Fund to the extent
required to maintain the Reserve Fund in an amount at least equal
to the Reserve Requirement. On September 15 of each fiscal year
the amount on deposit in the Reserve Fund in excess of the Reserve
Requirement may, in the sole discretion of the Issuer, be trans-
ferred from the Reserve Fund to the Redemption Fund and
credited to the unpaid assessment installments payable during such
fiscal year. The Auditor's record, prepared pursuant to Section
8682 of the Streets and Highways Code, shall reflect the credits
against each of the unpaid assessments in the manner provided in
Streets and Highways Code Section 10427.1 in amounts equal to each
parcel's proportionate share of such transfer.
Notwithstanding the above, interest earnings on monies on deposit
in the Reserve Fund in excess of the "yield" on the Bonds, as that
term is defined in the Internal Revenue Code of 1986 (the "Code"),
shall be subject to transfer and rebate to the United States of
America pursuant to the terms and provisions contained in Exhibit
"B" attached hereto.
D. Whenever monies in the Reserve Fund are sufficient to retire all of
the Bonds outstanding, plus accrued interest thereon, such money
shall be transferred to the Redemption Fund for the Bonds and
collection of a corresponding amount of the remaining unpaid assess-
ments shall cease.
E. In the event assessments are paid in cash in advance of their final
maturity date, the Issuer shall credit the prepaid assessment with
a proportionate share of the Reserve Fund and transfer an amount
equal to such credit to the Redemption Fund to be utilized for the
advance retirement of Bonds.
SECTION 20. No Issuer Liability. It is hereby further determined and declared that
the Issuer does not obligate itself to advance any funds from its
Treasury to cure any deficiency or delinquency which may occir in the
Redemption Fund by failure of property owners to pay annual special
assessments, or otherwise.
SECTION 21. Covenant for Superior Court Foreclosure. In the event of delinquency
in the payment of any installments of unpaid assessments, the Issuer
does covenant for the benefit of the owners of the Bonds that it will
review assessment records of the County not later than May 15 of each
year to determine the amount of the assessments collected in the
7
I~A. - II
current fiscal year. The Issu~r shall commence fore closure action(s)
on all parcels for which tr... payment of assessment installments are
delinquent in the Superior Court of the State of California (Part 14,
Division 10, "Improvement Bond Act of 1915", Streets and Highways Code)
no later than 150 days thereafter and diligently prosecute and pursue
such foreclosure proceedings to judgment and sale. Initiation of such
foreclosure actions may be deferred whenever, and as long as, the
Reserve Fund remains at the Reserve Requirement, or, in the case of
delinquent unpaid assessments on developed property only, in an amount
equal to at least 70% of the Reserve Requirement.
SECTION 22. Covenant to Maintain Tax-Exempt Status. The Issuer covenants that it
will not make any use of the proceeds of the Bonds issued hereunder
which would cause the Bonds to become "arbitrage bonds" subject to
Federal income taxation pursuant to the provisions of section l48(a) of
the Code, or to become "Federally-guaranteed obligations" pursuant to
the provisions of Section 149 (b) of the Code, or to become "private
activity bonds" pursuant to the provisions of Section l4l(a) of the
Code. To that end, the Issuer will comply with all applicable require-
ments of the Code and all regulations of the United States Department
of Treasury issued thereunder to the extent such requirements are, at
the time, applicable and in effect. Additionally, the Issuer agrees to
implement and follow each and every recommendation provided by bond
counsel and deemed to be necessary to be undertaken by the Issuer to
ensure compliance with all applicable provisions of the Code in order
to preserve the exemption of interest on the Bonds from Federal income
taxation.
SECTION 23. Covenants Regarding Arbitrage. The Issuer shall not take nor permit or
suffer to be taken any action with respect to the gross proceeds of the
Bonds as such term is defined under the Code which, if such action had
been reasonably expected to have been taken, or had been deliberately
and intentionally taken, on the date of issuance of the Bonds, would
have caused the Bonds to be "arbitrage bonds" within the meaning of
section 148 of the Code and the regulations promulgated thereunder.
The I ssuer shall calculate Excess Investment Earnings in accordance
with the Rebate Instructions attached hereto as Exhibit "B", and
incorporated herein by this reference, and shall pay Excess Investment
Earnings to the United States of America in accordance with the Rebate
Instructions.
Notwithstanding the foregoing, the Rebate Instructions may be modified,
in whole or in part, without the consent of the owners of the Bonds,
upon receipt by the Issuer of an opinion of nationally recognized bond
counsel to the effect that such modification shall not adversely affect
the exclusion from gross income of interest on the Bonds then outstand-
ing for federal and State of California income tax purposes.
SECTION 24. Order to Print and Authenticate Bonds. The Treasurer is hereby
instructed to cause Bonds, as set forth above, to be typed or printed,
and to proceed to cause said Bonds to be authenticated and delivered to
an authorized representative of the purchaser, upon payment of the
purchase price as set forth in the accepted proposal for the sale of
Bonds.
8
IIcA-J:2.
SECTION 25. Arbitrage Certificate. On the basis of tp~ facts, estimates and circum-
stances now in existence and in existe::..ce on the date of issue of the
Bonds, as determined by the Treasurer, said Treasurer is hereby autho-
rized to certify that it is not expected that the proceeds of the issue
will be used in a manner that would cause such obligations to be arbi-
trage Bonds. Such certification shall be delivered to the purchaser
together with the Bonds.
SECTION 26. Amendments or Supplements. The Issuer may, by adoption of a resolution
from time to time, and at any time, without notice to or consent of any
of the Bondowners, approve an amendment or supplemental indenture
hereto for any of the following purposes:
(a) to cure any ambiguity, to correct or supplement any provision here-
in which may be inconsistent with any other provision herein, or
to make any other provision with respect to matters or questions
arising under this Indenture or in any supplemental indenture,
provided that such action shall not materially adversely effect
the interests of the Bondholders;
(b) to add to the covenants and agreements of and the limitations and
the restrictions upon the Issuer contained in this Indenture,
other covenants, agreements, limitations and restrictions to be
observed by the Issuer which are not contrary to or inconsistent
with this Indenture as theretofore in effect;
(C) to modify, alter, amend or supplement this Indenture in any other
respect which is not materially adverse to the interests of the
Bondowners; or
(d) to maintain the tax exempt status of the interest payable on the
Bonds.
Exclusive of the supplemental indentures hereto provided for in the
first paragraph of this Section 26, the Owners of not less than 60% in
aggregate principal amount of the Bonds then outstanding shall have the
right to consent to and approve the adoption by the Issuer of such
supplemental indentures as shall be deemed necessary or desirable by
the Issuer for the purpose of waiving, modifying, altering, amending,
adding to or rescinding, in any particular, any of the terms or provi-
sions contained in this Indenture; provided, however, that nothing
herein shall permit, or be construed as permitting, (a) an extension of
the maturity date of the principal of, or the payment date of interest
on, any Bond, (b) a reduction in the principal amount of, or redemption
premium on, any Bond or the rate of interest thereon, (C) a preference
or priority of any Bond or Bonds over any other Bond or Bonds, or (d) a
reduction in the aggregate principal amount of the Bonds the Owners of
which are required to consent to such resolution or order, without the
consent of the Owners of all Bonds then outstanding.
IN WITNESS WHEREOF, the Issuer has executed this Bond Indenture effective the date
first written hereinabove.
FINANCE DIRECTOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
9
)bA-I~
CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO. 90-1
(SALT CREEK I)
YEAR
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2017 (Term Bond)
EXHIBIT "A"
MATURITY SCHEDULE
PRINCIPAL MATURING
INTEREST RATE
$
51,384.94
85,000.00
90,000.00
95,000.00
100,000.00
110,000.00
115,000.00
125,000.00
130,000.00
140,000.00
150,000.00
165,000.00
175,000.00
190,000.00
205,000.00
220,000.00
2,980,000.00
10
1l...f\-JLf
CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO. 90-1
(SALT CREEK I)
EXHIBIT "B"
ARBITRAGE REBATE INSTRUCTIONS
This document sets forth instructions regarding the investment and disposition of
monies deposited in various funds and accounts established in connection with the
issuance by the City of Chu1a Vista ("Issuer") of its Assessment District No. 90-1
(Salt Creek I) Limited Obligation Improvement Bonds in aggregate principal amount of
$ ("Bonds") .
The purpose of these instructions is to provide the Issuer with information
necessary to ensure that the investment of the monies in the funds and accounts
described herein will comply with the arbitrage requirements imposed by the Internal
Revenue Code of 1986 and the regulations issued thereunder.
DEFINITIONS
For purposes of these instructions, the following terms shall have the meanings set
forth below:
Bond Year.
the date of
Issuer.
The term "Bond Year" means each 12 month period (or shorter period from
issuance) that ends at the close of business on a date selected by the
Code. The term "Code" means the Internal Revenue Code of 1986, as amended.
Delivery Date. The term "Delivery Date" means
, 1992.
Excess Investment Earnings.
equal to the sum of:
The term "Excess Investment Earnings" means an amount
(1) The excess of
(a) The aggregate amount earned from the Delivery Date of the Bonds on all
Nonpurpose Investments in which Gross Proceeds of the Bonds are invested,
over
(b) The amount that would have been earned if the Yield on such Nonpurpose
Investments had been equal to the Yield on the Bonds,
plus
(2) Any income attributable to the excess described in paragraph (1).
In determining Excess Investment Earnings, (1) any gain or loss on the disposition
of a Nonpurpose Investment shall be taken into account and (ii) any amount earned on
a bona fide debt service fund shall not be taken into account.
Capitalized terms herein that are not defined herein shall have the meaning set
forth in the Bond Indenture.
11
IIoA-IS
Gross Proceeds. The term "Gross Proceeds" means the following:
(1) Original proceeds, i.e., the amount received by the Issuer as a result of the
sale of the Bonds and any amounts actually or constructively received from
investing the amount received from the sale of the Bonds;
(2) Amounts, other than original proceeds, in the Reserve Fund and in any other
fund established as a reasonably required reserve or replacement fund;
(3) Amounts, other than as specified above, that are reasonably expected to be or
are used to pay debt service with respect to the Bonds; and,
(4) Amounts received as a result of investing amounts described above.
Investment Property. The term "Investment Property" means any security, obligation,
annuity contract or investment-type property in which Gross Proceeds are invested,
excluding, however, the following:
(a) United States Treasury - State and Local Government Series, Demand Deposit
securities; and
(b) tax-exempt obligations.
For purposes of these Instructions, the term "tax-exempt obligations" shall include
only obligations the interest on which is (i) excludable from gross income for
federal income tax purposes and (ii) not treated as an item of tax preference under
section 57(a)(5) of the Code. The term "tax-exempt obligation" shall, however, also
include stock in a "qualified regulated investment company," which is a corporation
that (i) is a regulated investment company within the meaning of Section 85l(a) of
the Code and meets the requirements of Section 852(a) of the Code for the taxable
year; (ii) has only one class of stock authorized and outstanding; (iii) invests all
of its assets in tax-exempt obligations (as defined above) to the extent practic-
able; and (iv) has at least 98% of its gross income derived from interest on, or
gain from the sale or other disposition of, tax-exempt obligations, or the weighted
average value of its assets is represented by investments in tax-exempt obligations.
Nonpurpose Investment. The term "Nonpurpose Investment" means any Investment
Property which is acquired with the Gross Proceeds of the Bonds and is not acquired
in order to carry out the governmental purpose of the Bonds.
Purchase Price. The term "Purchase Price", for the purpose of computation of the
Yield of the Bonds, has the same meaning as the term "IsSue Price" in Sections
l273(b) and 1274 of the Code, and, in general, means the initial offering price to
the public (not including bond houses and brokers, or similar persons or organiza-
tions acting in the capacity of underwriters or wholesalers) at which price a
substantial amount of each maturity (at least 10 percent) of the Bonds was sold.
The term "Purchase Price", for the purpose of computation of Yield of Nonpurpose
Investments means the fair market value of the Nonpurpose Investment on the date of
use of Gross Proceeds of the Bonds for acquisition thereof, or if later, on the date
that Investment Property constituting a Nonpurpose Investment becomes a Nonpurpose
Investment of the Bonds.
Regulations. The term "Regulations" means temporary and permanent Regulations
promulgated under Section 148 of the Code.
12
[101\-110
Yield. The term "Yield" means that discount rate which, when used in computing the
present value of all payments of principal and interest (or other payments in the
case of Nonpurpose Investments which require payments in a form not characterized as
principal and interest) on a Nonpurpose Investment or on the Bonds produces an
amount equal to the Purchase Price of such Nonpurpose Investment or the Bonds, all
computed as prescribed in applicable Regulations. The yield on Nonpurpose
Investments must be computed by the use of the same frequency interval of
compounding interest as is used with respect to the Bonds.
REBATE REQUIREMENT
Calculation of Excess Investment Earnings. No later than the last day of the fifth
Bond Year, each succeeding fifth Bond Year and on the date the last Bond is
discharged, the Issuer shall calculate or cause to be calculated the Excess Invest-
ment Earnings and shall deposit an amount equal to the Excess Investment Earnings
into a Rebate Fund. This calculation shall be made or caused to be made by the
Issuer in accordance with the following rules:
(1) For purposes of calculating the Yield on any investment as required under these
Instructions, the purchase price of the investment will be the fair market
price of the investment on an established market. This means that the Issuer
will not pay a premium and will not accept a lower interest rate than is
usually paid to adjust the Yield on an investment.
(2) The market price of certificates of deposit issued by a commercial bank may be
regarded as being at a fair market price if they are determined by reference to
the bona fide bid price quoted by a dealer who maintains an active secondary
market in such certificates, or, if no secondary market exists, by satisfying
subparagraph (3) below relating to investment agreements.
(3) Investments pursuant to an investment agreement may be regarded as being made
at a fair market price if (i) at least three (3) bids are received on the
investment contract from persons without an interest in the Bonds; (ii) the
winning bidder provides a certificate that, based on its reasonable expecta-
tions on the date the investment agreement is entered into, investments will
not be purchased or sole at a price other than their fair market value; (iii)
the yield on the investment agreement is at least equal .to the yield offered
under the highest bid received from a non-interested party; and (iv) the yield
on the investment agreement is at least equal to the yield offered on similar
contracts.
(4) For other investments traded on an established market, the fair market price
shall be the mean between the bid and offered prices for such obligations on
the date of purchase or, if subsequent thereto, the date the investment becomes
a Nonpurpose Investment.
(5) Where amounts must be restricted to a certain Yield and investments cannot be
purchased on an established market or a bona fide fair market price cannot be
established at a Yield that does not exceed the maximum permissible Yield, the
Issuer may acquire or hold tax-exempt securities, currency or United States
Treasury Certificates of Indebtedness, Notes and Certificates - State and Local
Government Series ("SLGs") that Yield no more than the maximum permissible
Yield. SLGs are available at the Federal Reserve Bank.
13
I Ie. A -/(
Payment to United States. The Issuer shall payor cause to be paid an amount equal
to Excess Investment Earnings (after application of any available credits) to the
United States of America in installments with the first payment to be made not later
than thirty (30) days after the end of the fifth Bond Year, and with subsequent
payments to be made not later than five (5) years after the preceding payment was
due. The Issuer shall assure that each such installment is in an amount equal to at
least ninety percent (90') of the Excess Investment Earnings with respect to the
Bonds as of the close of the computation period. Not later than sixty (60) days
after the retirement of the Bonds, the Issuer shall payor cause to be paid to the
United States one hundred percent (100') of the theretofore unpaid Excess Investment
Earnings of the Bonds. The Issuer shall remit payments to the United States at the
address prescribed by the Regulations as the same may be from time to time in effect
with such reports and statements as may be prescribed by such Regulations. The
Issuer shall assure that such payments are made to the United States on a timely
basis from any funds lawfully available therefor.
Further Obligation of Issuer. The Issuer shall assure that Excess Investment
Earnings are not paid or disbursed except as provided in these instructions. To
that end, the Issuer shall assure that investment transactions are on an arms-length
basis. In the event that Nonpurpose Investments consist of certificates of deposit
or investment contracts, investment in such NonPurpose Investments shall be made in
accordance with the procedures described in applicable Regulations as from time time
in effect.
REBATE EXCEPTION. The rebate requirement will be considered satisfied if the
Six-Month Exception (set forth below) is satisfied.
Six-Month Exception. The Six-Month Exception will be treated as having been
satisfied if all Gross Proceeds of the Bonds are expended for the governmental
purposes of the Bonds no later than the day that is six (6) months after the
date of delivery of the Bonds, and if. all amounts, if any, determined to be
required to be paid to the United States Treasury in compliance with the Rebate
Regulations are paid to the United States Treasury. Gross Proceeds which are
held in the Reserve Fund, the Redemption Fund and Gross Proceeds which arise
after such six (6)months and which were not reasonably anticipated as of the
date of delivery of the Bonds shall not be considered Gross Proceeds for
purposes of this subparagraph.
MAINTENANCE OF RECORDS. With respect to all Nonpurpose Investments acquired in a
fund or account established and held by the Issuer, the Issuer shall record or cause
to be recorded the following information: (i) purchase date, (ii) purchase price,
(iii) information establishing that the purchase price is the fair market value as
of such date (~, the published quoted bid by a dealer in such an investment on
the date of purchase), (iv) any accrued interest paid, (v) face amount, (vi) coupon
rate, (vii) periodicity of interest payments, (viii) disposition price, (ix) any
accrued interest received, and (x) disposition date. To the extent any investment
becomes a Nonpurpose Investment by becoming Gross Proceeds after it was originally
purchased, it shall be treated as if it were acquired at its fair market value at
the time it becomes a Nonpurpose Investment. The Issuer shall keep and retain for a
per iod of six (6) years following the retirement of the Bonds, records of all
determinations made pursuant to these Instructions.
14
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AMENDMENT. In order to comply with the covenants in the Bond Indenture regarding
compliance with the requirements of the Code and the continued exclusion from gross
income for purposes of federal income taxation of interest paid on the Bonds, the
procedures described in these Instructions may be modified as necessary, without the
consent of Bond owners, and based on the opinion of nationally recognized bond
counsel acceptable to the Issuer, to comply with regulations, rulings, legislation
or judicial decisions as may be applicable to the Bonds. Neither the Issuer nor any
of its members, agents, officers or employees shall be liable for any action taken
or for its failure to take any action in connection with these Instructions. The
Issuer may rely conclusively on the advice of its Bond Counsel with respect to the
requirements of these Instructions.
u.
15
ll,.A-/q
RESOLUTION NO. /1..1 C;4
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, MAKING AWARD FOR SALE
OF BONDS IN ASSESSMENT DISTRICT NO. 90-1 (SALT
CREEK I)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, has heretofore instituted and conducted proceedings
under the terms and provisions of the "Municipal Improvement Act of
1913", being Division 12 of the Streets and Highways Code of the
state of California, for the installation of certain public works of
improvement, together with appurtenances and appurtenant work, in a
spec ial assessment distr ict known anddesignated as ASSESSMENT
DISTRICT NO. 90-1 (SALT CREEK I) (hereinafter referred to as the
"Assessment District"); and,
WHEREAS, in the Resolution of Intention it was determined and
declared that bonds should issue under the provisions of the
"Improvement Bond Act of 1915", being Division 10 of the Streets and
Highways Code of the State of California; and,
WHEREAS, there has now been received, pursuant to a duly publi-
cized notice of sale and in proper form, a sealed bid (hereinafter
the "proposal") for the purchase of said bonds to issue under said
proceedings, which is considered to to be the highest bid (i.e., the
lowest net interest cost) and best serve the interests of owners of
land included within the Assessment District and should be accepted.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That this legislative body hereby rejects other
proposals for the sale of bonds and does hereby make an award of the
sale of the bonds to, and accept the proposal for the purchase of
the improvement bonds from, the highest, responsible bidder, to-wit:
at the interest rate and terms as set forth in the proposal of said
bidder as on file with the transcript of these proceedings and open
for public inspection.
SECTION 3. That said sale is subject to all the terms and
conditions as set forth in the Resolution of Issuance, in the Bond
Indenture in its final form, and in the accepted proposal.
Presented by
Approved as to form by
John P. Lippitt
Public Works Director
1108-1
COUNCIL AGENDA STATEMENT
Item \ 1
Meeting Date 8/11/92
ITEM TITLE: Report approving proposed work plan for new and increased
revenues
SUBMITTED BY: City Manage~ ~O~l (4/5ths Vote: Yes___ No-X-)
During the fiscal year 1992-93 budget review hearings, Council received two lists
of revenue options which were being evaluated by staff. At that time Council
expressed des ire to provi de add it iona 1 comment and review on the revenues 1 i sted.
The purpose of this report is to receive feedback from the City Council to
confirm the Manager's short and long term revenue plan.
RECOMMENDATION: That Council approve the revenue plan.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION: The current State fiscal crisis reemphasizes the need for Chula
Vista to become more self reliant from a revenue perspective. Over the last
several months, staff has conducted brainstorming meetings and solicited input
from employees to generate ideas for revenue enhancements. From a large number
of very creative ideas, budget staff has pared down this list to those revenue
sources which appear to be workable and reasonable. This brainstorming process
generated nearly one million dollars in additional revenue which was used to
balance the fiscal year 1992-93 budget. Positive steps which were identified and
implemented for 1992-93 included:
I Do 11 ar Amount I Issue I Remarks I
$ 100,000 Employee computer loan Alternative found which
program required no city
fundi no.
$ 400,000 Public Liability Trust Fund had accumulated to
Fund Excess a level in excess of
industry standard
reserves.
$ 100,000 Unemployment insurance Fund had accumulated to
trust fund a level in excess of
industry standard
reserves.
\ l-I
Page 2, Item \.,
Meet;ng Date~
$ 215,000 Community Development Ident;fication of past
reimbursement to General Fund
General Fund expend;tures which were
due reimbursement by
the redevelopment
aaencv.
$ 815,000 TOTAL
Another opportunity identified during the brainstorming was the Kaiser
deve lopment agreement recent ly approved by Counci 1. Thi s agreement wi 11 generate
$1.2 million dollars to the City during fiscal year 1992-93.
REVENUE PLAN: At the May 21, 1992 budget overview session, Council received
Supplemental Budget Report #1, the budget graph;cs presented at that meeting.
Included in this information was a copy of an overhead entitled, "Some Future
Revenue Options" (see attachment). This chart l;sted proposed revenue options
which were organ;zed by approximate revenue to be generated from each idea.
$1 M;ll;on & Above:
Land fill Mitiaation Fee (host fee): Staff ;s currently reviewing this
issue in order to determine the optimum method to implement a host fee.
The purpose of this fee is generally to re;mburse the city for the
negative impacts of having a landfill sited within our jurisdiction. The
impacts include adverse environmental impacts related to traffic, air
quality and noise, as well as lost economic opportunities in land use.
The City of San Marcos instituted a host fee and is currently faced with
litigation from North County cities regarding the implementation of this
fee. Staff is monitoring the San Marcos situation and looking at a method
to implement such a fee.
Salt Creek Develooment Aareement: As the Salt Creek development
progresses, staff will work with representatives of Salt Creek to
implement a development agreement. Except for the Kaiser Development
Agreement, other agreements contemplated that the special benefit to the
City would be in the form of donations of land and money (OTC) or a
facil ity being constructed in advance of when it normally would be
requ ired. Another approach wou 1 d be to attempt to negot i ate a cash
payment to the City similar to the Kaiser Development Agreement.
$200,000 to $1 M;ll;on:
Master Fee Schedule Uodate: All city departments have reviewed their fees
which are included in the existing master fee schedule and those which
should be included in that document. The proposed update of these fees
has been prepared and will soon be presented to the community for input.
Subsequent to that input the item shall be brought before Counc i 1. It is
currently anticipated that Council should review the proposed master fee
schedule in September.
1(- .z.
Page 3, Item \"7
Meeting Date~
Loan Orioination Fee: Recommended is an increase in the loan
origination fee for assessment district from the current 1% to 1-1/2%.
SDG&E Loan Orioination Fee IDA Bonds: The City Council authorized issuing
up to $100 million in revenue bonds on behalf of SDG&E. SDG&E agreed to
pay a loan origination fee in an amount equal to .25 percent of the
principal amount of the revenue bonds issued. (For example, if the City
issued $50 million of revenue bonds, we would receive $125,000 in loan
origination fees.)
$25,000 to $200,000:
Fire Hioh Hazard Inspection Fee: The Fire Department is reviewing the
possibility of implementing a fee on businesses which create high fire
hazards. These high hazard businesses require more frequent inspection
and a greater detailed level of inspection than non-high hazard
businesses. Examples include paint stores, companies which generate
hazardous waste, body shops, wrought iron works, etc.
Ads for Televisino Citv Council Meetinos: Staff has discussed this issue
with Cox Cable who currently televise our City Council meetings. Cox
Cable has informed us that the City may obtain sponsorship for the cost of
televising ($40,000). While commercials shown during Council meeting may
not be appropriate, the City may display during the Council meeting a
notice that this program was brought to the citizens by a particular
sponsor.
Under $25,000:
The fo 110wi ng is a 1 i st of sma 11 do 11 ar revenues of wh i ch staff has
completed preliminary review:
1. Automated Parking Tickets:
Staff has looked into the poss ibil ity of automating our park ing
ticket process for a number of years. The technology in this field
is improving and the efficiencies to be gained by implementing such
a system appear to be much more reasonable now. Staff will continue
to work towards preparing a study and recommendation to Council on
this issue.
2. Medical Exam Reimbursements:
The perpetrators of sex crimes may legally be charged for the
medical exam costs of their victims. Staff has reviewed this issue
and has talked to other agencies doing this. Experience shows that
these individuals have a very limited ability to pay so that
reimbursement is minimal. However, staff will continue to evaluate
alternatives.
11* 3
Page 4, Item \-,
Meeting Date~
3. Improved Collection Techniques:
Finance and PAPE staff have developed a comprehensive work plan to
review, approve, standardize and centralize the City's Acounts
Receivable function. Changes are being made incrementally as
warranted. Development of an automated Accounts Receivable tracking
system and standardization of letters, invoicing, and penalty
collection have reduced staff time by eliminating duplication of
work among operating departments and have resulted in over $5,000 in
additional revenue collected on past due accounts.
4. Fire Inspection Fees:
Staff is reviewing several aspects of service provided by our fire
prevention bureau for which is may be appropriate to charge fees.
A report is currently prepared and is in the process of being
reviewed with the community and other departments for input and
evaluation prior to being presented to Council.
5. Restructuring Tow Contracts:
Many agencies structure their tow contracts differently from Chula
Vista. These contracts provide the City with small amounts to
significant amounts of revenue, depending on the type of contract.
Staff is currently reviewing alternatives and will present a report
to Counc i 1.
Unknown:
1. Establish Central Purchasing Entity:
This would enable materials for new construction to be funneled
through a central purchasing entity to ensure that the point of sale
of this material would be in Chula Vista, rather than in another
jurisdiction.
\1. ~ If
Page 5, Item \1
Meeting Date 8~2
ADDITIONAL REVENUE OPTIONS:
Should Council desire, there are a number of revenues available which are being
implemented in other agencies, but have yet not been implemented, or in some
cases even considered, in Chula Vista. Feedback is requested on these revenue
ideas by City Council:
1. Exterior Bus Ads and Bench Ads;
2. Street sweeping fee;
3. Water franchise fees;
4. Telephone franchise fees;
5. Charging redevelopment agency for processing fees;
6. Increased storm drain fees;
7. A used car sales tax, put the point of sale in Chula Vista;
8. Cable TV utility users tax;
g. Planning charges for reapplication process time and materials;
10. Require property owner to pay for maintenance of parkways and
monolithic sidewalks;
11. Sell city facilities, lease them back.
Staff is not proposing any of these increased fees at this time, but would
appreciate any direction the City Council may have on what you would like staff
to work on in the coming year. Of course, this effort would be in addition to
ongoing work in seeking additional ways and means to reduce the costs of City
operations.
Fiscal Impact:
Staff will continue to pursue generating additional revenue from those issues
listed by dollar category in this report. Those additional revenue options
listed are not being pursued currently by staff, unless directed by Council.
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