HomeMy WebLinkAboutAgenda Packet 1992/08/04
Tuesday, August 4, 1992
4:00 p.m.
III declare under penalty of perjury that 1 am
employed by the City of f,huia Vista in the
Ofllce of the City Clerk and that I posted
this Agenda/Notice on the Bulletin Board at
the Public !1i.~es Building and at City Hallon _ Council Chambers
DATED. ? '> "" SIGNED fI e7~nblic Services Building
Remlar Meeting 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 MINlITES: July 21,1992 and July 27,1992
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office:
Commission on Aging - Anne H. Fabrick
Charter Review Commission - Jack Blakely and C.R. Campbell
Child Care Commission - Nancy Cavanaugh and Cindy Johns
Cultural Arts Commission - Dency Souval
Design Review Committee - John C. Rodriguez
Economic Development Commission - Chuck Peter
Otay Valley Project Area Committee - A.Y. Casillas
Parks & Recreation Commission - Clifford Roland
Youth Commission - Allyson Borders, Joe Page, Tara Williams, and Julia Wubenhorst
b. Presentation of Championship Trophy for the Chula VISta City Golf Championships - The
City's Annual Golf Championship was reinstated after several years absence and will be held
on 8/3 and 8/4/92. Individual awards to the Championship Flight will be presented by the
Mayor. Winners will not be determined until the afternoon of Tuesday, 8/4/92.
CONSENT CALENDAR
(Items 5 through 20)
The staff recommendations regarding the following uems listed under the Consent Calendar will be enacted by the
Council by one motion wi1hout discussinn unless a Councilmember, a member of the publu: or City staff requests
thai the i1em be pulled for discussinn. If you wish to speak on one of these i1ems, please fill out a 'Request to
Speak Form' available in the lobby and submi1 u to the City Clerk prinr to the meeting. (Complete the green form
to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff
recommendatinn.) Items pulled from the Consent Calendar wiD be discussed after Action Items and Board and
Commissinn Recommendations. Items pulled by the publu: will be the first i1ems of business.
5. WRlTTEN COMMUNICATIONS: None.
Agenda
-2-
August 4, 1992
6. ORDINANCE 2525 ZONING CERTAIN DESIGNATED PROPER1Y ON THE WESTERLY SHORE
OF LOWER OTAY LAKE AS AGRICULTURAL-100, AND FINDING THAT
SUCH ZONING ACTIVI1YIS EXEMPT FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENfAL QUAU1Y ACf (second readinl[ and
adoption) - At the time the City adopted the EastLake III General
Development Plan (GDP) and the Olympic Training Center (OTC) SPA Plan
and prezoning, the area east of Wueste Road was intended to remain
unincorporated and under County jurisdiction. When LAFCO approved the
OTC annexation, however, they extended the boundary to the shoreline of
Lower Otay Lake in order to create logical service boundaries. The action
added the area to Chula Vista's corporate limits, but left the property
without zoning. The zoning action precedes consideration of the OTC
Boathouse Conditional Use Permit (CUP). Staff recommends Council place
ordinance on second reading and adoption. (Director of Planning)
7. ORDINANCE 2524 AMENDING SECTION 2.30.020 OF THE MUNICIPAL CODE RELATING TO
MEMBERSHIP ON THE ECONOMIC DEVELOPMENT COMMISSION (EDC)
(first readinl[) - On 10/9/90, Council amended Sections 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 meeting of 7/28/92.
8. RESOLUIlON 16733 AMENDING FISCAL YEAR 1992-93 BUDGET, PROVIDING FOR AN
UNEMPLOYMENT INSURANCE TRUST FUND APPROPRIATION TO THE
UNEMPLOYMENT INSURANCE ACCOUNT - The City pays for its
unemployment insurance claims by reimbursement. Each quarter the
Employment Development Department (EDD) sends an itemized bill of
Unemployment Insurance Benefits paid and the City reimburses EDD. Staff
recommends approval of the resolution. (Director of Personnel) 4/5th's
vote required.
9. RESOLUIlON 16734 APPROVING AN AGREEMENTWl1H THE NAUIlCAL HERITAGE SOCIE1Y
FOR THE DESIGNATION OF CHULA VISTA HARBOR AS THE SOUlHERN
HOME PORT OF THE TALL SHIP 'CAUFORNIAN" AND APPROPRIATING
$1,000 FROM THE UNAPPROPRIATED GENERAL FUND BALANCE -
Continuation of the ongoing agreement designating Chula Vista Harbor as
the Southern Home Port of the tall ship 'CALIFORNIAN.' The state's
official tall ship has been providing free public open houses, school
activities and special events in Chula Vista since 1986. Staff recommends
approval of the resolution. (Deputy City Manager Kremp!) 4/5th's vote
required.
Agenda
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August 4, 1992
10. RESOLUTION 16735 CALUNG AND GMNG NOTICE OF TI-IE HOLDING OF A GENERAL
MUNICIPAL ELECI10N AND REQUESTING TI-IE SAN DIEGO COUNlY
BOARD OF SUPERVISORS TO CONSOUDATE TI-IE GENERAL MUNICIPAL
ELECI10N WIlli TI-IE STATEWIDE GENERAL ELECI10N TO BE HELD ON
TUESDAY, NOVEMBER 3, 1992, FOR TI-IE PURPOSE OF ELECI1NG lWO
MEMBERS OF CITY COUNCIL AND SUBMITTING CHARTER
AMENDMENTS TO TI-IE PEOPLE - The next Council election is scheduled
for November 3, 1992 for Council members in Seats 3 and 4. Also a
number of Charter Amendments have been prepared by the Charter Review
Commission. Council, therefore, needs to officially call the election and
request the County to consolidate with the statewide election. Staff
recommends approval of the resolution. (City Clerk)
11. RESOLUTION 16736 AUTIiORIZING A REDUCI10N IN PUBUC FACIUTIES DEVELOPMENT
IMPAcr FEES FOR TI-IE SECOND EXPANSION OF TI-IE CHULA VISTA
CENTER BY TI-IE HOMART DEVELOPMENT COMPANY - The Agency
recently approved a Development Agreement with the Homart Development
Company for the second expansion of the Chula Vista Center. The project
includes the construction of a two-story Sav-On/Cinema building in the
first phase, and construction of a Mervyn's Department Store and parking
structure in the second (final) phase. Homart is requesting waiver of the
Public Facilities Development Impact Fee (DIF) totalling $75,852. Staff
recommends approval of the resolution. (Director of Community
Development)
12. RESOLUTION 16737 APPROVING ADVANCE ASSISTANCE AND RESIDENTIAL MOVING
EXPENSE PAYMENT FOR TI-IE RELOCATION OF TENANTS RESIDING ON
CITY PROPERTY AT 365 ORANGE AVENUE AND APPROPRIATING FUNDS
IN TI-IE AMOUNT OF $2,750 TI-lEREFOR - The City's relocation consultant,
Pacific Relocation Consultants, has reviewed and recommends approving
the Advance Assistance and Residential Moving Expense claim of one
tenant residing on property owned by the City. The purpose of relocating
the tenant is to provide for development of a library at the comer of
Orange and Hermosa. Staff recommends approval of the resolution.
(Director of Community Development) 4/5th's vote required.
13. RESOLUTION 16738 ACCEPTING BIDS AND AWARDING A CONTRAcr TO MCR ELEcrRICAL
CONTRAcrORS, INC. IN TI-IE AMOUNT OF $86,775 FOR SIGNAL
INSTAllATION/MODIFlCATIONS AT ANITA STREET/lNDUSTRIAl. BLVD.
AND INDUSTRIAL BLVD.IPALOMAR STREET AND APPROPRIATING
$24,000 FOR TI-IE INDUSTRIAL BLVD_IPALOMAR STREET SIGNAL
MODIFICATION - On 6/24/92, sealed bids were received for one project
involving signal work at two locations. The two locations involved are
Anita Street/Industrial Blvd. (signal installation) and Industrial
Blvd./Palomar Street (signal modification). There were five bidders with
a low bid received from MCR Electrical Contractors, Inc. for $86,775. This
low bid is below the Engineer's estimate of $111,360. Staff recommends
Council: (1) accept the bids and award the contract to MCR Electrical
Contractors, Inc. in the amount of $86,775, and (2) appropriate $24,000
for modification of the existing traffic signal at Industrial Blvd./Palomar
Street. (Director of Public Works) 4/5th's vote required.
Agenda
-4-
August 4, 1992
14. RESOLlJl10N 16739 APPROVING UNIFORM FARE SlRUCIURE AGREEMENT BETWEEN AND
AMONG SCOOT, METROPOIJTAN TRANSIT DEVELOPMENT BOARD
(MIDB), SANDAG AND OUiER AREA TRANSIT OPERATORS - The
agreement incorporates three major cooperative functions among area
transit operators under MTDB jurisdictions: a base fare structure, transfer
procedures, and regional tickets and passes. Staff recommends approval
of the resolution. (Director of Public Works)
15. RESOLlJl10N 16740 APPROPRIATING FUNDS, ACCEPTING BIDS, AND AWARDING CONTRACT
FOR 'ORANGE AVENUE RECONSlRUCTION FROM LOMA LANE TO MAX
AVENUE IN 1HE CIlY OF CHULA VISTA" - On 7/8/92, the Director of
Public Works received sealed bids. Work includes removal of alligatored
pavement areas in the north side of Orange Avenue and grinding of other
existing pavement areas, asphalt concrete paving, installation of pavement
fabric, installation of "French Drain" system, traffic control, construction
surveying, and other miscellaneous work. Staff recommends Council: (1)
appropriate $45,602.62 from the unappropriated fund balance of Gas Tax
Fund 250-2501 to "Orange Avenue Reconstruction - CIPS ST-133B", and (2)
accept bids and award contract to Superior Ready Mix Concrete L.P. in the
amount of $84,742. (Director of Public Works) 4/5th's vote required.
16. RESOLlJl10N 16741 APPROVING AGREEMENT FOR MATERIAL TESTING SERVICES WIlli
LAW/CRANDAlL, INC., AND AUTIIORIZING 1HE MAYOR TO EXECIITE
ON BEHALF OF 1HE CIlY - The construction of public works infrastructure
improvements requires the use of quality materials to assure their longevity
and usefulness to their owner. To assure that the City continues to obtain
quality improvements, the City needs to obtain material testing services for
projects built with both public and private funds. These services will
provide inspectors with the ability to assure that the materials supplied to
construct the City's infrastructure meet the project's specifications.
Following the Request for Proposal (RFP) process, staff has negotiated a
contract with Law/Crandall,lnc. to provide material testing services for the
Fiscal Year 1992-93 period. Staffrecommends approval of the resolution.
(Director of Public Works)
17. RESOLlJl10N 16742 APPROVING TEMPORARY CLOSURES AT VARIOUS STREET CROSSINGS
FOR 1HE METROPOIJTAN TRANSIT DEVELOPMENT BOARD (MIDB)
SOUTII IJNE GRADE CROSSING IMPROVEMENT PROJECT - MTDB has
awarded the "South Line Grade Crossing Improvement Project, LRT-299"
which will affect the San Diego Trolley railroad crossings at the
intersections of "F" Street, "H" Street, "J" Street, and Anita Street. To
complete the necessary work within the railroad right-of-way, the
contractor, National Projects, Inc., has requested approval of temporary
weekend road closures at these four locations. Staff recommends approval
of the resolution. (Director of Public Works)
18. RESOLlJl10N 16743 APPROVING AN AMENDMENT TO 1HE FlVE-PARlY AGREEMENT FOR
ENVIRONMENTAL AND ROUTE ADOPTION STUDIES FOR STATE ROUTE-
125 FREEWAY - In 1987 the City entered into a five-party agreement for
Environmental and Route Adoption Studies for the State Route-125
Freeway. In January 1991, CaITrans issued a Franchise to CTV to construct
SR-125 as a Toll Road. The Franchise requires a modification in the five-
party agreement. Staff recommends approval of the resolution. (Director
of Public Works)
Agenda
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August 4, 1992
19. RESOLUTION 16744 AUTHORIZING MAYOR TO EXECUTE A CONTRAcr FOR A SYMPHONY
CONCERT AND TO ENTER INTO INDEMNIFICATION AGREEMENTS - The
City, in conjunction with the San Diego Unified Port District, is planning
to host the San Diego Symphony Pops Orchestra for a concert at Marina
View Park on Sunday, 8/23/92. Staff recommends approval of the
resolution. (Director of Parks and Recreation)
20. REPORT REQUEST TO CONDucr PARADE FROM MONTGOMERY ELEMENTARY
SCHOOL - Montgomery Elementary School is requesting permission to
conduct a school parade on 10/9192. Staff recommends approval of the
request subject to staff conditions. (Director of Parks and Recreation)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you. wish to speak
to any item, please fill out the "Request to Speak Form" ovailable 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 recommendiJtion; complete the pink form
to speak in opposition to the stoff recommendlltion.) Comments are limited to five minutes per individual
21.
PUBUC HEARING
PCC-92-40 CONDITIONAL USE PERMIT: APPEAL OF PLANNING
COMMISSION APPROVAL OF A REQUEST TO CONSTRUcr INTERIM FIRE
STATION NUMBER SIX AT THE SOUTHWEST CORNER OF LANE AVENUE
AND FENTON STREET; APPEU.ANT - CAUFORNIA LAND ASSOCIATES -
An appeal of the Planning Commission approval of PCC-92-40, for the City
application to construct an interim fire station at the southwest comer of
Fenton Street and Lane Avenue, 2396 Fenton Street. (Director of Planning)
Staff recommends continuation to the meeting of 8/11/92.
ORAL COMMUNICATIONS
This is an oppartunity for the general public to address the City Council on any subject matter within the Council's
jurisdiction that is not an item on this agenda. (State law, hawever, generally prohibits the City Council from
taking action on any issues not included on the pasted agenda.) If you. wish to address the Council on such a
subject, please complete the yellow "Request to Speak Under Oral Communications Form" ovailable in the lobby
and submit it to the City Clerk prior to the meeting. 11wse who wish to speak, please give your name and address
for record purposes and follow up action. Your time is limited to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which hove been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
Agenda
-6-
August 4, 1992
ACllON ITEMS
The items listed in this seaion of the agenda are expected to elicit substlmlial discussions and deliberations by the
Council, staff, or members of the general public. The items will be considered individually by the Council and staff
recommendations may in certain cases be presented in the alJemaJive Those who wish to speak, please fill out
a "Request to Speak:' form available in the lobby and submit it to the City Clerk prior to the meeting. Public
comments are limited to five mUwtes.
22.
REPORT
EVALUATING THE POSSIBIU1Y AND FEASIBIU1Y OF PAVING OR
CLOSING THREE DIRT AU.EYS - ELM AVENUE AND lWO ADJACENT
AU.EYS EAST OF SECOND AVENUE, BETWEEN MADRONA STREET AND
"F" STREET - On 7/8/91, the City received written communication from
property owners on Madrona Street, Cypress Street, and Minot Avenue
expressing road safety concerns and suggesting solutions to their concerns.
The property owners requested that the City consider paving or closing
three dirt alleys - Elm Avenue and two adjacent alleys east of Second
Avenue between Madrona Street and "F" Street. Said request was
submitted to the City in the form of a petition and signed by twenty-four
residents. Staff recommends acceptance of the report. (Director of Public
Works) Continued from the meeting of 7/28/92.
ITEMS PUlLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items whidl have been removed from the Consent Calendar. Agenda
items pulled at the request of the public will be considered prior to those pulled by COU1Uilmembers. Public
comments are limited to five minutes per individual
OTHER BUSINESS
23. CI1Y MANAGER'S REPORTCS)
a. Scheduling of meetings:
. Potential joint meeting at 4:00 p.m., Thursday, 9/10/92, with Library Board of Trustees
to provide design input to architects for South Chula Vista Library.
b. Hiring freeze.
24. MAYOR'S REPORTCS)
a. Ratification of appointments to Boards/Commissions/Committees:
Board of Appeals: Harold Coleman, Jr.;
Commission on Aging: Anne M. Nute;
Human Relations Commission: Michele Delehanty.
b. Potential Charter Amendment(s).
Agenda
-7-
August 4, 1992
25. COUNCIL COMMENTS
Councilman Rindone
a. Policy on earthquake evacuation procedures for public library.
Councilwoman Horton
b. Moving the agenda deadline from Friday to Thursday to provide better public access.
ADJOURNMENf
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. Otay
Municipal Water District.
Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. EDCO
and Bay Cities.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on August
11, 1992 at 6:00 p.m. in the City Council Chambers.
A Meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
COUNCIL AGENDA STATEMENT
Item
Meeting Date
'/b
8/4/92
ITEM TITLE: Special Orders Presentation of Championship Trophy for the Chula
Vista City Golf Championships
SUBMITTED BY: Director of Parks and Recreati4. (4/Sths vote: Yes_No X)
The City's Annual Golf Championship was reinstated this year after several years absence.
The Golf Championship was a cooperative effort by the City of Chula Vista, the Chamber
of Commerce, American Golf Corporation and Sunrise Management Corporation. The
Tournament format was a two-day event with players alternating golf courses. The golf
courses used were Chula Vista Municipal Golf Course and the EastLake Country Club.
Sixty golfers participated in three separate handicap flights. The City Champion was to be
determined by the lowest gross score over the two rounds. A perpetual trophy, donated by
Billy Casper, will have the champion's name and year engraved on it. The trophy will be
on display at the golf courses on alternate years.
Individual awards to the Championship Flight will be presented by the Mayor.
FISCAL IMPACT: Entry fees collected will cover all expenses for the tournament.
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July 31, 1992
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
John D. Goss, City Manage~
City Council Meeting of August 4. 1992
This will transmit the agenda and related materials for the regularly
scheduled City Council meeting of August 4. 1992. There are no
Written Communications on this agenda.
JDG:mab
Item ~b
SE:e, Meeting Date~~hh~
OIVD
Publ i c Heari ng: PCZ -92-C: Cons iderat ioR't.db/~oni ng westerly
shore of lower Otay lake to A-lOa - City of chur~~ha
Ordinance ,l~.2..5'J;'roVing ~Z-92-C 4DoprlOtv
SUBMITTED BY: Director of Pla1'J-jf ~ ~{f(,tltf
REVIEWED BY: City Manager~ +~ (4/5ths Vote: Yes_No...I.J
The City of Chula Vista has indiated the zoning of approximately 100 acres
const i tut i ng the westerly shore of lower Otay lake to A-laD (Agricul tural
zone, 100-acre minimum parcel size). The property is owned by the City of San
Diego.
COUNCIL AGENDA STATEMENT
ITEM TITLE:
The Environmental Review Coordinator has determined that the proposal is
exempt from environmental review under Section 15305 (Class 5) and Section
15303 (Class 3) of the CEQA Guidelines.
RECOMMENDATION: That Council adopt the ordinance approving PCZ-92-C.
BOARDS/COMMISSIONS RECOMMENDATION: On July 8, 1992, the Planning Commission
voted 6-0 to recommend that Council approve PCZ-92-C.
DISCUSSION:
The property in question represents the area between Wueste Road and the
shoreline of lower Otay lake, south of Otay lakes Road, and generally consists
of vacant, undeveloped open space. The City of San Diego boat launch facility
is located on the southerly portion of the property, and the Olympic Training
Center Boathouse facility is proposed in the central portion, directly east of
the main Olympic Training Center (OTC) site.
At the time the City of Chula Vista adopted the Eastlake III GDP and the OTC
SPA Plan and prezoning, the area east of Wueste Road was intended to remain
unincorporated and under County jurisdiction. When lAFCO approved the OTC
annexation, however, they extended the boundary to the shoreline of lower Otay
lake in order to create logical service boundaries. This action added the
area to Chula Vista's corporate limits, but left the property without any
zoning.
ANALYSIS:
The property is designated on the Chula Vista General Plan as Open Space. In
the text of the General Plan this designation is described as .Open Space,
Agricultural and Reserve,. typical uses for which include open spaces such as
floodplains and mountains, limited recreation uses, rural residential, and
agricultural uses such as farms, orchards, pastures, and livestock raising.
The property has also been ident i fi ed in the General Plan as one of two
north- south 1 inks in the Chul a Vi sta Greenbelt -- the other bei ng the Salt
Creek canyon and stream valley.
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Page 2, Item /3
Meeting Date 7/28/92
The stated purpose of the Agricultural zone is to .provide a zone with
appropriate uses for areas rural in character, which are undeveloped and not
yet ready for urbanization". The Agricultural zone is the most restrictive
that Chula Vista has, and with the "100" designator, would allow no further
subdivision of the property, nor more than one single family dwelling on the
entire 100 acres. The establ ishment of the OTC Boathouse or other
lake-oriented recreational use would require approval of a conditional use
permit by the City Council (see companion report on Conditional Use Permit
PC-92-04) .
Both the Chula Vista City School District and the Sweetwater Union High School
District have stated they have no special requirements for this proposal, but
if the zoning is changed in the future to allow for more intensive uses, the
property may have to be annexed to a Community Facilities District (Mello-Roos
District) .
FISCAL IMPACT: Not applicable.
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EXTRACT FROM MINUTES OF PLANNING COMMISSION MEETING OF JULY 8,
1992
COMMISSIONERS PRESENT:
Chair Fuller, Commissioners Carson,
Casillas, Decker, Martin and Tuchscher
1.
PUBLIC HEARING:
PCZ-92-C: CONSIDERATION OF ZONING
WESTERN SHORE OF LOWER OTAY lAKE TO
A-IOO - CITY OF CHULA VISTA
Senior Planner Griffin said that the property includes 100
acres between Wueste Road and the shoreline of Lower Otay Lake,
south of otay Lakes Road. When LAFCO approved the OTC
annexation, the boundary was extended to the shoreline of the
Lake to create logical service boundaries. It was not included
in the SPA Plan for the OTC and, therefore, was left without
zoning. The zoning proposed for this land is the Agricultural
zone which is the most restrictive that Chula Vista has and is
consistent with the General Plan designation for the property
which is open space. Zoning is being proposed at this time to
allow consideration of the OTC Boathouse which is the next item
on the Agenda. Staff recommends approval of the zoning.
Commissioner Martin asked if this land was within the city of
San Diego? Mr. Griffin replied that it is owned by San Diego
but is in the corporate limits of Chula Vista.
This being the time and the place as advertised, the public
hearing was opened.
George Hanson, 12598 portada Place, San Diego, 92130, said he
wished to reserve the right to bring suit against the City of
Chula Vista on this issue. This property has been unzoned for
two years and there is no special reason for zoning at this
time. The rationale for zoning is to allow construction of the
OTC Boathouse which he opposed. The A-IOC is for agricultural
uses, limited recreational uses. Those descriptions do not fit
the Boathouse. The zoning is completely inappropriate.
Providing zoning of this kind is completely prejudicial to the
City of San Diego who may well wish to develop the shoreline in
the future.
No one else wishing to speak, the public hearing was closed.
MSUC (Casillas/Decker) 6-0 to recommend that the City Council
zone approximately 100 acres to A-IOO as shown on Exhibit A.
Assistant City Attorney Rudolf pointed out that findings need
to be included before Commission approval. He asked that the
maker and second of the Motion to clarify for the purpose of
the record that the Commission has made the Finding that public
necessity, convenience, general welfare or good zoning practice
supports the proposed recommendation.
.
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MSUC (Casillas/Decker) 6-0 that based on the Finding that
public necessity, convenience, general welfare or good zoning
practice supports the proposed recommendation, the Planning
commission recommends that City Council zone approximately 100
acres to A-100 as shown on Exhibit A.
.
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ORDINANCE NO.
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IItA.DI/V
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!JoPt,
tON
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ZONING CERTAIN DESIGNATED PROPERTY
ON THE WESTERLY SHORE OF LOWER OTAY LAKE AS
AGRICULTURAL-lOO, AND FINDING THAT SUCH ZONING
ACTIVITY IS EXEMPT FROM THE REQUIREMENTS OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, property consisting of approximately 100 acres
located in the City of Chula vista generally located between Wueste
Road and the 480 foot contour level of the Lower Otay Lake Resevoir
bounded on the south by the territorial boundary of the city of
Chula vista and on the north by a hypothetical extension of Otay
Lakes Road, diagramatically presented on the small area map
attached hereto as Exhibit A, ("Property") is currently not zoned
by the City; and,
WHEREAS, the Property is currently owned by the City of San
Diego; and,
WHEREAS, a duly verified application for a zoning action was
filed with the Planning Department of the city of Chula vista on
May 21, 1992, by the City of Chula Vista; and,
WHEREAS, said application requested the zoning of approximate-
ly 100 acres constituting most of the westerly shore of Lower Otay
Lake to A-lOO (Agricultural Zone, 100-acre minimum parcel size),
and
WHEREAS, the Planning Commission set the time and place for a
hearing on said zoning application and notice of said hearing, to-
gether with its purpose, was given by its publication in a newspa-
per of general circulation in the city and its mailing to property
owners within 1,000 feet of the exterior boundaries of the property
at least ten days prior to the hearing, and
WHEREAS, the hearing by the Planning commission was held at
the time and place as advertised, namely 7:00 p.m., July 8, 1992,
in the Council Chambers, 276 Fourth Avenue, before the Planning
commission and said hearing was thereafter closed, and
WHEREAS, from the facts presented to the Planning Commission,
the Commission has determined that the zoning is consistent with
the city of Chula vista General Plan and that public necessity,
convenience, general welfare and good zoning practice support the
zoning to A-lOO; and,
boathseo.wp
July 23, 1992
Ord Re: Rezone of Otay Lake Western Shore
Page 1
'-I
COUNCIL AGENDA STATEMENT
Item 7
Meeting Date 08-04-92
SUBMITTED BY:
Ordinance No. 2524 Amending Section 2.30.020 of the Chula Vista
Municipal Code Relating to Membership on the Economic Development
Commission
Community Development Director { ~C; -
City Manager J l;, \}\,6 j~\
(4/Sths Vote: Yes _ No X)
ITEM TITLE:
REVIEWED BY:
BACKGROUND: The City's Economic Development Commission proposes that the Municipal
Code pertaining to membership of the Commission be revised to: 1) Identify desirable areas of
expertise to be represented and 2) expand the number of ex-officio members from three (3) to
five (5). The new ordinance reflecting these changes was introduced for first reading and
approved by Council on July 21, 1992. The second reading was introduced on July 28, 1992
at which time Council directed staff to further revise the ordinance to: 1) increase the number
of Board of Realtors' nominees/appointments to two and 2) provide for each Councilmember to
appoint one of the five remaining voting commissioners.
RECOMMENDATION: That Council introduce the proposed ordinance for first reading.
BOARDS/COMMISSIONS RECOMMENDATION: The Economic Development
Commission approved the originally proposed revisions, as discussed above, on July I, 1992 by
a vote of five to one.
DISCUSSION: The ordinance as currently proposed provides for the following:
VOTING MEMBERS
2 Chamber of Commerce nominees
2 South San Diego Bay Cities Board of Realtors nominees
5. Residents at large - Each Council member
9 SUBTOTAL
NON-VOTING MEMBERS
5 Ex-Officio Commissioners
Additionally, areas of desirable expertise are identified for consideration by Council in making
appointments.
FISCAL IMPACT: None
c:\WP51\ORD2524\EDC
7-/ / '7" t..
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 Chu1a 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 three (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 Board of Directors of the Chu1a
Vista Chamber of Commerce and who shall, at the time of their appointment and
throughout their term, have membership in the Chamber of Commerce; eRe (1)
two (2) of whom shall be a nominee from the Board of Directors of the South San
Diego Bay Cities BellftI 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 Board of Realtors; and six (6) five (5) 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 aooointed by a seJlarate member of the
Council.
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.
7"3
The City Council, or its designee, may appoint not greater than three (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").
4. Desired areas of Expertise
In order to ensure the highest caliber of talent and exoerience and a diversity
of viewooints. the Council should ap'point Members and Ex -officio Members. with
one or more of the followinl!: areas of exoertise (in addition to the nominees from
the Chamber of Commerce and Board of Realtors as provided in this Subsection.
B.D:
Market Research
Residential Developer
Commercial/Industrial Developer
Banker/Lender
Maior Employer
Small Business Owner
Job Training/Employment Services
Maior Land Owner
Labor Leader
Major Utility
Maquiladora/International Business
Educational Institution
San Diego Economic Development COI:poration
South San Diel!:o County Economic Develooment Commission
Commercial Real Estate Broker
Section 2. This ordinance shall take effect and be in full force on the thirtieth day from
and after its adoption.
Presented by:
s to form by:
A
Chris Salomone
Community Development Director
Bruce M. Boogaard
City Attorney
IC ,IWP51 ICOUNCILIRESOSIEDC-ORD.ORD]
'l,'/
COUNCIL AGENDA STATEMENT
ITEM
~
MEETING DATE
AUClust 4. 1992
ITEM TITLE:
Unemployment
Account.
Resolution )~7.J3Amending FY 1992-93 Budget, providing for an
Insurance Trust Fund appropriation to the Unemployment Insurance
SUBMITTED BY:
DIRECTOR OF PERSONNEL C!.f>/
REVIEWED BY: CITY MANAGERj'q 'ov6 ~~\ (4/5ths Vote: Yes-L No_)
The City pays for its unemployment insurance claims by reimbursement. Each
quarter, the Employment Development Department (E.D.D.) sends an itemized bill
of unemployment insurance benefits paid and the City, after verifying the bill,
reimburses E.D.D. In the past, the estimated annual amount was budgeted in the
Unemployment Insurance Account #100-0700-5234. It was agreed beginning back in
FY 1991-92 to not request the normal budget requirement but rather to appropriate
each quarter from the Unemployment Insurance Trust Fund. This agreement was
reached in an effort to hold the line in the Insurance Budget and utilize Trust
Fund monies specifically set aside to pay unemployment claims.
RECOMMENDATION: That Council adopt the reso I ut ion provi di ng for an
appropriation of $13,326.00 from the Unemployment Insurance Trust Fund.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION
During the budget hearings for FY 1992-93, it was agreed that staff would not
request a line item budget for unemployment insurance (Acct. #100-0700-5234) but
would rather request an appropriation from the Unemployment Insurance Trust Fund
each quarter when claims are due and payable. This is the same practice as in
FY 91-92. The Trust Fund has more than $400,000 in reserve, and the interest
earnings to the Fund more than offset the normal budget requirement. As in the
past, excess interest earnings continue to flow back to the General Fund.
FISCAL IMPACT: A total of $13,326.00 is to be appropriated from the
Unemployment Insurance Trust Fund to Unemployment Insurance Account #100-0700-
5234 for the quarter ended March 31, 1992. The sum appropriated to this account
will be expended by authorization and approval of the Finance Director.
A:\(A 113)\UNEMPL.INS#4(8/92)
'6-} le-;...
RESOLUTION NO.
/6733
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FY 1992-93 BUDGET,
PROVIDING FOR AN UNEMPLOYMENT INSURANCE TRUST
FUND APPROPRIATION TO THE UNEMPLOYMENT
INSURANCE ACCOUNT
WHEREAS, the city pays for its unemployment insurance
claims by reimbursement and each quarter, the Employment
Development Department (E.D.D.) sends an itemized bill of
unemployment insurance benefits paid and the City, after verifying
the bill, reimburses E.D.Di and
WHEREAS, in the past, the estimated annual amount was
budgeted in the Unemployment Insurance Account #100-0700-5234 but
it was agreed beginning back in FY 1991-92 to not request the
normal budget requirement but rather to appropriate each quarter
from the Unemployment Insurance Trust Fundi and
WHEREAS, this agreement was reached in an effort to hold
the line in the Insurance Budget and utilize Trust Fund monies
specifically set aside to pay unemployment claims.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby amend the 1992-93 budget by
appropriating $13,326.00 from the Unemployment Insurance Trust Fund
to Unemployent Insurance Account #100-0700-5234 for the quarter
ended March 31, 1992.
Candy Boshell, Director of
Personnel
Presented by
C:\rs\unempll
8" ... .3
COUNCIL AGENDA STATEMENT
ITEM: q
MEETING DATE:~
Resolution 1t,73r Approving an Agreement with the
Nautical Heritage Society for the designation of Chula
Vista Harbor as the Southern Home Port of the Tall Ship
CALIFORNIAN and appropriating $1,000 from the
unappropriated General Fund balance
SUBMITTED BY; Deputy City Manage~rempl 0~
REVIEWED BY: City ManagerJ(, ~(4/5ths Vote: YeslNo_)
In July of 1986, and July of 1989, the City Council approved three-year
Agreements with the Nautical Heritage Society (NHS) designating Chula Vista as
the Southern Home Port of the state's official tall ship, the CALIFORNIAN. The
second contract expired on June 30, 1992. Staff recommends continuing the
project and has negotiated a new three-year Agreement. The new Agreement is for
$26,000 the first year. Included in the FY 1992-93 Non-departmental Budget is
$25,000, the annual contract amount for the last six years. An additional $1,000
appropriation is thus recommended to pay for the Agreement. This will be more
than offset by the $7,000 recently approved by the County of San Diego's
Commun ity Enhancement Funds for thi s purpose. The City's $19,000 wi 11 be
reimbursed by the Redevelopment Agency.
ITEM TITLE:
RECOMMENDATION: That Council adopt the resolution approving the Agreement and
appropriating $1,000 from the unappropriated General Fund balance.
BOARDS/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The attached Agreement represents a cont inuat ion of the ongoing Agreement
designating Chula Vista as the Southern Home Port of the CALIFORNIAN. The new
contract conta i ns some ref i nements; however, the Agreement is bas i ca 11y a
continuation of the previous contract.
The terms of the Agreement are summarized below:
1. The term of the Agreement is three years, from July 28, 1992, to July 28,
1995. Either party may terminate the Agreement for any reasons by giving
thirty days notice. If terminated, NHS will reimburse the City on a pro-
rated basis for any remaining part of the year.
2. The NHS has negotiated a separate contract with California Yacht Marina
for use of Marina Parkway Pier in Chula Vista Harbor.
3. The CALIFORNIAN must base its operations, including berthing, in Chula
Vista for at least twenty days per year, inc 1 ud ing Harbor Days, the
Winterfest/Parade of Lights, and one additional special event.
4. The ship will accommodate free public tours in Chula Vista Harbor on at
9-1
Page 2, Item q
Meeting Date~
least six holiday or weekend days each year, including Harbor Days, the
Winterfest/Parade of Lights, and one additional special event.
5. The ship will be open for free tours especially designed for Chula Vista
school children during two weekdays each year.
6. The ship will serve as a goodwill ambassador for the City, be available
for public relations activities as the ship's schedule permits and fly the
City flag when in San Diego Bay.
7. A penalty of $500 will be assessed for every day fewer than 20 that the
ship fails to berth in Chula Vista Harbor during any year of the
agreement.
8. All advertising and printed material produced by the NHS shall promote the
City of Chula Vista as the Southern Home Port, and the City has the right
to use the ship in its promotional materials.
9. At least one full Sea Cadet cruise (16 cadet positions) per year will be
available for Chula Vista high school students.
10. The NHS shall maintain a complete record of activities of the ship that
relate to the City and submit this record to the City at the end of each
year of the Agreement.
Improvements in this Agreement include:
1. Adding two weekdays for special free tours or programs for Chula Vista
school students.
2. Incorporating an additional special event as one of the CALIFORNIAN's
required days in Chula Vista.
3. Requiring the CALIFORNIAN to be available all day for Harbor Days and
Winterfest/Parade of Lights activities.
4. Ensuring that four crew members will be on-board for public open houses,
unless the same number or more volunteers are available to conduct such
tours.
5. Scheduling of the CALIFORNIAN in Chula Vista will be agreed upon prior to
payments to the NHS.
BENEFITS OF THE HOME PORT DESIGNATION
During the last six years, the CALIFORNIAN has been an effective tool for the
City in promoting the bayfront as a recreational and visitor destination. The
CALIFORNIAN and other historic tall ships have formed the centerpiece of the
bayfront's most successful special events--Harbor Days and the Winterfest/Parade
of Lights.
9-.<
Page 3, Item q
Meeting Date~
Although the lack of adequate docking facilities for the first three years
somewhat limited the opportunities available to the City for utilizing the
CALIFORNIAN, since the construction of Marina Parkway Pier the City has been able
to fully enjoy the tall ship's presence in Chula Vista Harbor.
In the past 12 months, The CALIFORNIAN was in Chula Vista Harbor for 28 days,
including Harbor Days and Winterfest/Parade of Lights. Six free, public open
houses were held. One Sea Cadet cruise gave a high seas educational adventure
to 16 students from the region.
The CALIFORNIAN led the tall ship parade into Chula Vista Harbor for the Harbor
Days celebration and more than 2,000 people were able to take the on-board free
tour. The NHS has been instrumental in helping to bring other tall ships to
Chula Vista for Harbor Days ("Spike Africa" and "Witch of Wood") and other
events, including last fall's visit of the "Pacific Swift," a Canadian tall ship
that also participated in free public tours.
At the first Arturo Barrios 10K Race in Chula Vista, the CALIFORNIAN was in Chula
Vista Harbor and was featured sailing up the bay by the ESPN cameras. During
1992, the CALIFORNIAN was in the opening of the World Cup racesj sailed in a
match race with the tall ship "America," with Chula Vista as its sponsor; and was
recognized as the historic flagship for the America's Cup educational programs.
Chula Vista was identified as the CALIFORNIAN's Southern Home Port in two issues
of the Nautical Heritage Society newsletter, "Points of the Compass," on 20,000
"Californian's and the Sea" brochures and on 20,000 Recycle California Coastal
Awareness Day action guides including a special guide printed for Harbor Days in
Chula Vista. Chula Vista is given a full page in the "Californian Passport" and
is mentioned in all the Californian Sea Chest coastal logs. All press releases
produced by the Nautical Heritage Society also identify Chula Vista as the
Southern Home Port.
The CALIFORNIAN has attracted local, regional, national and, on occasion,
international media coverage for special events, open houses, Sea Cadet sails,
elementary school programs and environmental awareness activities.
Local newspaper coverage included stories in the Union-Tribune, Star-News, Sun-
Times, San Diego Log, Neighbors, The Reader, Baja California and numerous other
publications in the area, many accompanied with photographs of the CALIFORNIAN.
Radio stations throughout the county ran announcements about the CALIFORNIAN's
visits and open houses. The presence of the CALIFORNIAN in Chula Vista Harbor
also attracted television stations to the city. The CALIFORNIAN has accommodated
numerous public relations activities, including taking newspaper, radio and
television reporters on-board for stories.
Coverage in the state has included features in 75 local and regional newspapers,
many mentioning home ports, and broadcast stories on radio and CBS, NBC and ABC
affiliates in the state. National media attention in the past year has included
featured pieces on Charles Kuralt's "Sunday Morning", ABC Sunday morning news
with Gary Shepard, CBS nat iona 1 news, "Ca 1 iforn i a Go 1 d" program and ESPN with
9---.3
Page 4, Item q
Meeting Date~
Gary Jobson.
Internationally, the CALIFORNIAN received extensive coverage on the New Zealand
national television network for its race with the tall ship "America" and on the
Spanish sports station (similar to ESPN) that is broadcast in 80 countries
worldwide for its work to help save whales in Mexican waters. Only six weeks ago
the CALIFORNIAN was designated as the official flagship of the National
Oceanographic and Atmospheric Administration (NOAA).
Chula Vista has had home port status since 1986 and currently is listed as one
of the CALIFORNIAN's four home ports, with Dana Point, Monterey and Vallejo. the
cities of Monterey and Vallejo only achieved home port status this year and have
modeled their programs after Chula Vista's successful example.
In addition the NHS continues to support Chula Vista's efforts for a Nautical
Activity Center, is continuing to compile research for design and building of the
historic Chula Vista I yacht, and was instrumental in raising money to support
scholarships for Chula Vista Sea Cadets for this fall's educational cruise.
CONCLUSION
In addition to the involvement of the NHS in promoting Chula Vista, the City has
used the CALIFORNIAN in its visitor and economic development brochures and other
public relations communication tools to increase awareness of the bayfront and
to help foster a positive image of the City. Staff believes that continuing the
contract with the NHS will provide additional promotional opportunities in the
future.
The Nautical Heritage Society is a private, nonprofit entity. The $25,000 grant
to the Nautical Heritage Society has not increased since 1986, while the
operations of the ship in Chula Vista Harbor and positive public relations
activities involving Chula Vista have increased from the time of the first
agreement. In 1989, the total Nautical Heritage Society operating budget was
$653,300 and it increased to $810,900 in 1991. The Society's budget for 1992,
after being revised downward to reflect a reduction of corporate sponsorships and
financial support, is $698,700, which still reflects almost a seven percent
increase above the costs incurred in 1989. In light of increased expenses to
operate the ship, staff recommends a modest $1,000 increase in the grant for the
current fiscal year with a CPI increase (up to a miximum of 5% per year) in the
remaining two years of this agreement. The Nautical Heritage Society requested
a 1 arger increase for the fu 11 term of th i s Agreement; however, because of
current budget constraints staff negotiated this increase which covers slightly
more than a cost-of-living addition for this year with CPI increases for the
following two years.
California Yacht Marina, the leaseholder with the Port District for Marina
Parkway Pier, wholeheartedly supports the presence of the tall ship CALIFORNIAN
in Chula Vista and has submitted a signed license agreement to the Port District
for approval which waives the fees for use of the pier by this non-profit group.
Support for this Agreement also comes from the Tall Ship Society of San Diego
9-tj
Page 5, Item 9
Meeting Date: 8/04/92
County.
FISCAL IMPACT: The FY 1992-93 cost of the proposed contract is $26,000. $25,000
is included in the FY 1992-93 Non-departmental Budget, so an additional $1,000
must be appropriated from the unappropriated General Fund balance to pay for the
new Agreement. This expenditure will be offset by the $7,000 allocated by the
County of San Diego grant. The remaining $19,000 cost will be reimbursed by the
Redevelopment Agency, resulting in no cost to the General Fund.
A:NHSAGR
9-f /q,~
RESOLUTION NO.
/(,73if
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH THE
NAUTICAL HERITAGE SOCIETY FOR THE DESIGNATION
OF CHULA VISTA HARBOR AS THE SOUTHERN HOME
PORT OF THE TALL SHIP CALIFORNIAN AND
APPROPRIATING $1,000 FROM THE UNAPPROPRIATED
GENERAL FUND BALANCE
WHEREAS, in July of 1986 and July of 1989, the city
Council approved three-year Agreements with the Nautical Heritage
Society (NHS) designating Chula vista as the Southern Home Port of
the state's official tall ship, the CALIFORNIAN; and
WHEREAS, the second contract expired on June 30, 1992;
WHEREAS, included in the FY 1992-93 Non-departmental
budget is $19,000 to renew the agreement and the County of San
Diego recently approved $7,000 to total the $26,000 cost; and
WHEREAS, the City's $19,000 will be reimbursed by the
Redevelopment Agency; and
WHEREAS, staff recommends continuing the project and has
negotiated a new three-year Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve an Agreement with the
Nautical Heritage Society for 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 of the city of
Chula vista is hereby authorized and directed to execute said
agreement for and on behalf of the city of Chula vista.
BE IT FURTHER RESOLVED that the sum of $1,000 is hereby
appropriated from the unappropriated balance of the General Fund
and transferred into Account 100-0730-5222.
as t
Presented by
George Krempl, Deputy City
Manager
C:\rs\CaIifomian
9-7!q..g
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
NAUTICAL HERITAGE SOCIETY
FOR DESIGNATION OF CHULA VISTA HARBOR
AS THE SOUTHERN OPERATING PORT
FOR THE TALL SHIP CALIFORNIAN
This Agreement, dated July 22, 1992 for the purposes of reference only, and
effective as of the date last executed between the parties, between the City of
Chula Vista ("City") herein, a municipal corporation of the State of California
and the Nautical Heritage Society ("Society"), a nonprofit Corporation, and is
made with reference to the following facts:
RECITALS
WHEREAS, the City of Chula Vista has been recognized since 1986 as the
Southern Home Port of the tall ship CALIFORNIAN, the designated official tall
ship ambassador of the State of California; and
WHEREAS, the Nautical Heritage Society, a" private nonprofit corporation,
desires to continue the designation of Chula Vista Harbor as the Southern Home
Port of their tall ship CALIFORNIAN; and
WHEREAS, the presence of the CALIFORNIAN in Chula Vista Harbor provides
substantial benefit to the community's school students and to the citizens of
Chula Vista in terms of education, recreation, publicity and economic
development; and
WHEREAS, the City is providing $26,000 annual financial support for the
CALIFORNIAN and her activities;
NOW, THEREFORE, BE IT RESOLVED that the City and Society do hereby mutually
agree as follows:
SECTION 1: SERVICES
OPERATIONS IN CHULA VISTA
The CALIFORNIAN shall base its operations from Chula Vista Harbor,
including berthing for at least part of each day, for a minimum of twenty (20)
days a year subject to the availability of docking facilities. This minimum
shall include Harbor Days (mid to late September), Winterfest/Parade of Lights
celebration (early to mid December) and one additional special event agreed upon
by the City and Society. The Society shall be notified of the dates of these
special events at least 180 days in advance.
The Society shall enter into an agreement with California Yacht Marina
(CYM) for use of Marina Parkway Pier in Chula Vista Harbor and provide City with
a copy of that agreement. The Society shall provide City with the CALIFORNIAN's
schedule in Chula Vista Harbor at least 180 days in advance.
- 1 -
9-9
The tall ship CALIFORNIAN shall be commanded by a professional United
States Coast Guard licensed skipper at all times it is in Chula Vista Harbor.
PUBLI C TOURS
The Society shall accommodate free organized public tours of the
CALIFORNIAN on a minimum of six (6) holiday or weekend days (including Harbor
Days, Winterfest/Parade of Lights and one additional special event) during each
year when the CALIFORNIAN is berthed in Chula Vista Harbor. Said tours shall
be for a minimum period of three (3) hours, except on Harbor Days and
Winterfest/Parade of Lights when the ship will be available the full day for
tours, parades and other activities. It is primarily the City's responsibility
to publicize such free tours and other public activities of the ship when it is
berthed in Chula Vista Harbor.
During open houses, the Society shall provide a minimum of four crew
members on-board the CALIFORNIAN to conduct tours and ensure the safety of
visitors. The crew may be relieved only if the captain of the CALIFORNIAN deems
that a sufficient number of volunteers are on-board and performing the same
duties expected of the crew.
During public open houses on-board the CALIFORNIAN, the Main Salon and
Governor's Cabin shall be open to visitors, unless an emergency situation
dictates otherwise.
The CALIFORNIAN shall open for free public or school tours during two
weekdays during each year when berthed in Chula Vista Harbor for a minimum of six
hours each day.
PUBLIC RELATIONS ACTIVITIES
The CALIFORNIAN will serve as a goodwill ambassador for the City of Chula
Vista and be available for public relations activities of the City, such as day
cruises and receptions, as her schedule permits.
The CALIFORNIAN shall fly the flag of the City of Chula Vista when it is
berthed in Chula Vista Harbor and sailing in San Diego Bay. City shall provide
flag to Society for this purpose.
City has the right to use the name or image of the CALIFORNIAN in
brochures, video and s I ide presentat ions, and other promot iona I materia I s
published by the City. Use of the Society's logotype by the City shall require
written approval from the Society. Society's approval shall not be unreasonably
withhe 1 d.
All advertising and appropriate printed material produced and distributed
by the Society shall include the City of Chula Vista name and indicate the Chula
Vista Harbor as the CALIFORNIAN's Southern Home Port.
SEA CADET CRUISE
The Society shall provide to the City the right of first refusal for a
minimum of one (1) eleven-day sea cadet cruise (16 cadet positions) or two (2)
- 2 -
9-/~
five-day cruises (16 cadet positions each) in the fall of each year for qualified
youth in the Chula Vista area. In the event that there are not students for the
cruise, the positions may be filled from other geographic areas. The City must
inform the Society at least 180 days in advance of its intent to place cadets on
the cruise.
RECORD OF ACTIVITIES
The Society shall maintain a record of the CALIFORNIAN's activities
relating to the City. This record shall include, but not be limited to, days in
which the ship's operations were based in Chula Vista Harbor, number and length
of free public tours, number of times the City was publicized in Society
publications, day sails originating from Chula Vista Harbor, etc. The record
shall be submitted in writing to the City prior to the end of July of each year
covered by this Agreement.
SECTION 2: TERM
TERM
The term of this Agreement will be for three (3) years commencing on July
28, 1992, and terminating on July 28, 1995. The City has the option to begin
negotiations for a new contract at the end of the second year on July 28, 1994.
TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, Society shall fail to fulfill in a timely and proper
manner Society's obligations under this Agreement, or if Society shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall
have the right to terminate this Agreement by giving written notice to Society
of such termination and specifying the effective date thereof at least five (5)
days before the effective date of such termination.
TERMINATION OF AGREEMENT FOR CONVENIENCE
Either party may terminate this Agreement at any time and for any
reason, by giving specific written notice to the other party of such termination
and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination.
SECTION 3:
GRANT
GRANT AMOUNT
In consideration for designating Chula Vista as Southern Home Port and
providing community and public relations support, the City shall provide a yearly
grant of $26,000 to support the Society and activities of the CALIFORNIAN. This
grant shall be adjusted annually, after the first year, in an amount that equals
the percentage increase of the All Urban Consumers Price Index for the San Diego
Region (CPI) for the most recent twelve months, up to a maximum of 5 percent.
GRANT PAYMENT
For the first two years of this Agreement, the grant shall be payable on
- 3 -
9-;/
or after July 28 of each year after a calendar of operations for Chula Vista
Harbor has been submitted by the Society and approved by the City. In the final
year, half of the grant shall be payable on or after July 28 after a calendar of
operations for Chu1a Vista Harbor has been submitted by the Society and approved
by the City, the remainder of the grant shall be payable on July I.
PENAL Tl E S
Failure by the Society to meet the conditions of Section 1: Service of this
Agreement specifying the minimum number of days in which the ship shall base its
operations, including berthing at least part of each day, in Chula Vista Harbor
shall result in a penalty of $500 per day for each day less than 20 days unless
otherwise agreed to in writing by both parties. Such penalties shall be deducted
from subsequent payments due to the Society. If all payments due to the Society
as specified in Section 3: Grant of this Agreement have been made prior to a
penalty situation being identified, the Society shall refund to the City the
amount equal to the penalty within 45 days after the end of the term of this
agreement or 45 days after the Agreement has been terminated by either party.
If the Agreement is terminated by either party, any payment due to the
Society shall be pro-rated according to the percentage of the contract year
expired. If terminated by either party, any payments already made by the City
to the Society shall be pro-rated according to the percentage of the contract
year expired and any amount due to be returned to the City shall be payable
within 90 days.
AUDIT
City may request a review and audit of Society's financial records. Said
review and audit shall be consistent with the terms of applicable Corporations
Code requirements relating to nonprofit organizations. In the event City desires
an independent audit, said audit shall be performed at City's sole cost.
SECTION 4: ADMINISTRATION
INSURANCE
Society represents that it and its agents, staff and sub-contractors
employed by it in connection with the services required to be rendered, are
protected against the risk of loss by the following insurance coverages, in the
following categories, and to the limits specified, policies of which are issued
by Insurance Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount of $1,000,000.
Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount of $1,000,000 which names City as an Additional
Insured, and which is primary to any policy which the City may otherwise carry
("Primary Coverage"), and which treats the employees of the City and Society in
the same manner as members of the general public ("Cross-l iabil ity Coverage").
- 4 -
9-/:<.
PROOF OF INSURANCE COVERAGE
CERTIFICATES OF INSURANCE
Society shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further indicating that the
policies may not be canceled without at least thirty (30) days written notice to
the Additional Insured.
POLICY ENDORSEMENTS REQUIRED
In order to demonstrate the Additional Insured Coverage, Primary Coverage
and Cross-liability Coverage required under Society's Commercial General
Liability Insurance Policy, Society shall deliver a policy endorsement to the
City demonstrating same, which shall be reviewed and approved by the Risk
Manager.
HOLD HARMLESS
Society shall defend, indemnify and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees)
arising out of the conduct of the Society, or any agent or employee,
subcontractors, or others in connection with the execution of the services
covered by this Agreement, except only for those claims arising from the sole
negligence or sole willful conduct of the City, its officers, or employees.
Society's indemnification shall include any and all costs, expenses, attorneys'
fees and liability incurred by the City, its officers, agents, or employees in
defend i ng aga i nst such c 1 aims, whether the same proceed to judgment or not.
Further, Society at its own expense shall, upon written request by the City,
defend any such suit or action brought against the City, its officers, agents,
or employees. Society's indemnification of City shall not be limited by any
prior or subsequent declaration by the Society.
ADMINISTRATIVE CLAIMS REQUIREMENTS AND PROCEDURES
No suit or arbitration shall be brought arising out of this Agreement,
against the City unless a claim has first been presented in writing and filed
with the City and acted upon by the City in accordance with the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time
to time be amended, the provisions of which are incorporated by this reference
as if fully set forth herein, and such policies and procedures used by the City
in the implementation of same.
Upon request by City, Society shall meet and confer in good faith with City
for the purpose of resolving any dispute over the terms of this Agreement.
ATTORNEY'S FEES
Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to recover all reasonable
costs incurred in the defense of the claim, including costs and attorney's fees.
- 5 -
9-/.3
ASSIGNABILITY
The services of Society are personal to the City, and Society shall not
assign any interest in this Agreement, and shall not transfer any interest in the
same (whether by assignment or novation), without prior written consent of City.
INDEPENDENT CONTRACTOR
City is interested only in the results obtained and Society shall perform
as an independent contractor with sole control of the manner and means of
performing the services required under this Agreement. City maintains the right
only to reject or accept Society's work. Society and any of the Society's
agents, employees or representatives are, for all purposes under this Agreement,
an independent contractor and shall not be deemed to be an employee of City, and
none of them shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement benefits, worker's
compensation benefits, injury leave or other leave benefits.
SOCIETY NOT AUTHORIZED TO REPRESENT CITY
Unless specifically authorized in writing by City, Society shall have no
authority to act as City's agent to bind City to any contractual agreements
whatsoever.
NOT! CES
All notices, demands or requests provided for or permitted to be given
pursuant to this Agreement must be in writing.
ADMINISTRATION OF CONTRACT
Each party designates the individuals ("Contract Administrators"), as
indicated below, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this Agreement.
CITY CONTRACT ADMINISTRATOR
SOCIETY CONTRACT ADMINISTRATOR
George Krempl
Deputy City Manager
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5031
Steve Christman
Nautical Heritage Society
24532 Del Prado
Dana Point, CA 92629
(714) 661-1001
- 6 -
9~/'1
SIGNATURE PAGE
TO
AGREEMENT BETWEEN CITY OF CHUlA VISTA
AND NAUTICAL HERITAGE SOCIETY
FOR DESIGNATION OF CHULA VISTA HARBOR
AS THE SOUTHERN OPERATING PORT
FOR THE TAll SHIP CALIFORNIAN
IN WITNESS WHEREOF, City and Society have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and
complete consent to its terms;
Dated:
19
City of Chula Vista
By:
Tim Nader, Mayor
Attest:
Clerk
Dated:
Nautical Heritage Society
By:
Steve Christman
Executive Director
A:NHS
- 7 - 9"5'
COUNCIL AGENDA STATEMENT
Item
If)
Meeting Date
8/4/92
SUBMITTED BY:
Resolution I/, ?.J.!:ling and Giving Notice of the
Holding of a General Municipal Election and
Requesting San Diego County Board of Supervisors
Consolidate the General Municipal Election with
the statewide General Election to be Held on
Tuesday, November 3, 1992 for the Purpose of
Electing Two Members of City Council and
Submitting Charter Amendments to the People
~ssistant Cit~~orney
City Attorney ~
ITEM TITLE:
REVIEWED BY:
4/5ths Vote: Yes___No-K-
At its meeting of July 28, 1992, the City Council accepted the
report of the Charter Review Commission and directed the City
Attorney to return with certain changes. The resolution will call
the election, request the County Board of Supervisors to
consolidate it with the General Election in November, and place the
Council-approved proposed Charter amendments on the ballot.
RECOMMENDATION:
Approve the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Charter section 303. Vacancies.
section 6 of the proposed resolution sets forth the language as
approved by the Council at its July 28, 1992 meeting. The
previously proposed provision for absence from three consecutive
regular meetings has been changed to four consecutive regular
meetings; and the provision for ten meetings whether or not
consecutive within a twelve month period has been deleted. section
5 of the resolution sets forth the ballot label for the
proposition, reflecting the changes.
/~-I
Item
Page
It)
2
section 600. In General.
The new language directed by Council is found in sections 9 and 10
of the proposed resolution. section 10 sets forth the proposed
language deleting the proposed general inclusion of committees.
This will result in the structural requirements of Article VI of
the Charter not being applicable to Committees. A sentence has
been added, clarifying that there may be committees, but that they
are solely advisory in nature. They cannot be given authority to
direct the conduct of any department, or, be given final decision
making authority.
The new language further clarifies than an "advisory committee"
unlike boards or commissions, cannot be delegated administrative or
quasi-judicial final decision making authority of the city Council.
The new provision also deletes the formerly proposed requirement of
a "sunset" provision.
FISCAL IMPACT: Cost of the election will be approximately $26,000
which has been budgeted in the City Clerk's budget.
(Al13\E1ection)
I tJ-,2,
/~735'/
RESOLUTION *****
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION AND REQUESTING THE SAN DIEGO
COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE GENERAL
MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION
TO BE HELD DN TUESDAY, NOVEMBER 3, 1992, FDR THE PURPOSE
OF ELECTING TWD MEMBERS OF CITY COUNCIL AND SUBMITTING
CERTAIN CHARTER AMENDMENTS TO THE PEOPLE
WHEREAS, under the provisions of the Chula Vista Charter, a General
Municipal Election shall be held on November 3, 1992 for the purpose of electing
councilmembers to seats 3 and 4 for the City Council at which, certain charter
amendments may be submitted to the people; and
WHEREAS, it is desirable that the General Municipal Election be
consolidated with the Statewide General Election to be held on the same date and
conducted in all respects as if there were only one election within the City with
the same precincts, polling places, and election officers, and that the San Diego
County Registrar of Voters canvass the returns of the General Municipal Election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES RESOLVE,
DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the Chula Vista Charter,
there is called and ordered to be held in the City of Chula Vista on Tuesday,
November 3, 1992, a General Municipal Election for the purpose of electing
councilmembers to seats 3 and 4 on the City Council and to submit to the voters
certain amendments to the Charter of the City of Chula Vista as herein proposed.
SECTION 2. That pursuant to Section 23302 of the Elections Code, the Board
of Supervisors of the County of San Diego is hereby requested to consent and
agree to the consolidation of a General Municipal Election with the Statewide
General Election on Tuesday, November 3, 1992, for the election of two Members
of the City Council and submission of proposed Charter Amendments.
SECTION 3. That a proposed Charter Amendment measure to be submitted to
the voters appear on the ballot as follows:
ItJ-J
Resolution No. *****
Page 2
Runoff Elections: Shall Section 300 be amended to YES
provide that, if a municipal election does not produce a
majority winner and a special election is required among
the two highest candidates, the third highest candidate
shall be given the opportunity to participate in the
runoff election if one of the two runoff election
candidates dies more than ninety days preceding that
election; and to allow election of the remaining NO
candidate by operation of law if the candidate receiving
the third highest number of votes declines to run?
SECTION 4. Upon certification of the results of the election wherein it
is truly and properly certified that the abovementioned ballot label has received
an affirmative vote by a majority of votes cast, the following changes to the
Charter shall be deemed ordained by the People of the City of Chula Vista:
"Sec. 300. Members. Eliqibilitv and Terms.
A. There shall be a City Council of five members, consisting of four
Councilmembers and a Mayor, elected from the City at large at the times and in
the manner provided in this Charter.
B. No person shall be eligible to hold office as members of the City
Council unless they are residents of the City of Chula Vista, and at the time of
their election or appointment, qualified electors of the City or of territory
annexed thereto.
C. The term of each member of the City Council shall be for a nominal
term of four years and shall commence on the first Tuesday of December of the
year of the election, and shall continue until a successor qualifies. The term
for the Mayoral seat and Council seats numbered one (1) and two (2) shall be
deemed to commence on every fourth anniversary of the first Tuesday of December
of 1990 and the term from Council seats numbered three (3) and four (4) shall be
deemed to commence on every fourth anniversary of the first Tuesday of December
of 1988.
D. No person shall be e 1 i gi b 1 e for nomi nati on and e 1 ecti on to the offi ce
of City Councilmember or Mayor for more than two (2) consecutive terms, and no
person who has held a Council office for a period of two (2) consecutive terms
or the office of Mayor for two (2) consecutive terms, may again seek nomination
and election to said offices of Councilor Mayor respectively until a period of
one (1) year from the termination of the second term for Councilmember or Mayor
has elapsed; provided, however, that any person who is appointed by the Council
to fill the office of Councilor Mayor or elected in a special election for the
balance of a regular term of Mayor and/or Council for a period of two (2) years
or less may seek nomination and election for two (2) full terms thereafter.
10- r
Resolution No. *****
Page 3
E. Each Council seat shall be numbered one (1) through four (4)
respectively. Persons seeking election to the City Council shall at the time of
filing nomination papers, select one of said seats as the Council position for
which they seek election.
F. Persons running for a Council office shall designate one of the two
numbered Council seats as memorialized by resolution of the Chula Vista City
Council on file in the office of the City Clerk. Should a vacancy occur at any
time in a Council seat or seats, if said vacancy is to be filled by a special
election as provided in Section 303 of the Charter, candidates for said vacancy
shall similarly designate the appropriate numbered seat on their nominating
paper.
G. Any person to be elected at a general municipal election for any
numbered Council seat 1 through 4 or the office of Mayor for which nomination
papers have been filed shall be deemed elected upon receipt of a majority of the
votes cast for the particular seat or the Office of Mayor at the election. If
no candidate at such general municipal election receives a majority of the votes
cast, there shall be a special runoff election, to be held on the same date as
the statewi de e 1 ecti on date in November immedi ate ly fo 11 owi ng the general
municipal election (if no statewide election is conducted, then on the first
Tuesday after the first Monday of November of each even-numbered year), between
the two candidates receiving the highest and second highest number of votes in
the general municipal election for said seat or the Office of Mayor, in order to
determine the winner. By way of clarification, ties among the candidates
receiving the two highest number of votes at the general Municipal election shall
be resolved by a special runoff election.
H. Any person to be elected at a special municipal election called to
fill a vacancy pursuant to the provision of Section 303 for any numbered Council
seats one through four or the Office of Mayor, for which nomination papers have
been filed, shall be deemed elected upon receipt of a majority of the votes cast
for the particular seat or the Office of Mayor at the election. If no candidate
at such special election receives a majority of the votes cast, there shall be
a special run-off election to be held on a date set by Council as soon after such
special election as practical between the two candidates receiving the highest
and second highest number of votes in such special election for said seat or the
Offi ce of Mayor in order to determi ne the wi nner and shall be seated upon
certification of the results of the election. By way of clarification, ties
among the candidates receiving the two highest number of votes at such special
election shall be resolved by a special run-off election.
1.:. If one of the two e 1 i qi b 1 e candi dates di es on or before the ni neti eth
day prior to the special runoff election. his or her name shall not be placed on
the ballot. The candidate receivinq the third hiqhest number of votes in the
qeneral municipal election for said seat or the Office of Mayor shall be offered
by the City Clerk. the opportunity to be placed on the ballot in lieu of the
deceased. The City Clerk shall make the offer in writinq immediately upon
notification of the death. The candidate shall accept or reiect in writinq to
the Clerk within five calendar days of receipt of the City Clerk's offer. If
accepted. the special runoff election between the remaininq candidate and the
candidate receivinq the third hiqhest number shall be held. If reiected. there
/tJ~5
Resolution No. *****
Page 4
shall be no runoff election. and the remaininq candidate shall be deemed elected
as of the date of such death.
hJ-'. Any person to be elected at a special run-off election required under
the provision of this section, shall be deemed elected upon receipt of the
highest number of votes for the particular seat or the Office of Mayor and shall
be seated upon certification of the results of the election. Ties at such
special run-off election shall be resolved by lot."
SECTION 5. That a proposed Charter Amendment measure be submitted to the
voters as follows:
Vacancies: Shall Section 303 be amended to provide YES
that a Councilmember's Offi ce becomes vacant if a
Councilmember, without excuse granted contemporan-
eously, is absent from four consecutive regul ar
meetings scheduled and held; to require Council to
grant excuse for temporary illness disabling the
Councilmember's attendance; and to requi re Counci 1 to
decl are such vacancy as soon as practicable, and use NO
its best efforts to appoint a replacement within thirty
days, or call a special election?
SECTION 6. Upon certification of the results of the election wherein it
is truly and properly certified that the abovementioned ballot label has received
an affirmative vote by a majority of votes cast, the following changes to the
Charter shall be deemed ordained by the People of the City of Chula Vista:
"Sec. 303. Vacancies.
A vacancy in the office of any member of the City Council from whatever
cause arising, shall be filled by appointment by the City Council, such appointee
to hold office until the first Tuesday following the next general municipal
election and until a successor qualifies. At the next general municipal election
fo 11 owi ng any vacancy, a Counci 1 member or Mayor sha 11 be elected to serve for the
remainder of any unexpired term of said office.
If a member of the City Council is absent from a++ four (4) consecutive
regular meetings of the City Council scheduled and held far a periaB af thirty
Bays caAseeHtively fram aAB after the last re~Hlar City CaHAeil meetiA~ atteABeB
BY sHch memBer, unless by permission of the City Council expressed in its
official minutes contemporaneouslv with such absences, or is convicted of a
felony or crime involving moral turpitude, the office shall become vacant. The
permission of the Council shall be qranted for anv temporary illness of the
reauestina Councilmember disablina him or her from attendance at such meetina.
/C-t
Resolution No. *****
Page 5
The City Council shall declare the existence of any vacancy as soon as
practicable. The City Council shall use its best efforts in qood faith to fill
such yacancy by appointment within thirty days of their declaration of the
exi stence of the vacancy. In the event it shall fail to fi 11 a vacancy by
appointment within thirty days after such office shall have been so declared
vacant, or sooner. if impasse is reached sooner. it shall forthwith cause an
e 1 ecti on to be held to fi 11 such vacancy."
SECTION 7. That a proposed Charter Amendment measure be submitted to the
voters as follows:
Mayor's Salary: Shall Section 304 of the Charter be YES
amended to make a technical, non-substantive change to
clarify the annual cost of 1 iving adjustment to the
mayor 's salary without changing the method by which said
cost of living adjustment is calculated? NO
SECTION 8. Upon certification of the results of the election wherein it
is truly and properly certified that the abovementioned ballot label has received
an affirmative vote by a majority of votes cast, the following changes to the
Charter shall be deemed ordained by the People of the City of Chula Vista:
"Sec. 304. Presidinq Officer. Mayor.
(a) Mayor. There shall be elected at the general municipal election
a Mayor who shall hold office for a term of four years and until a successor is
elected and qualified.
(b) Duties. The Mayor shall be a member of the City Council and shall
perform all the functions and have all of the powers and rights of a duly elected
Councilmember. In addition to said powers and duties, the Mayor shall have the
power and duty:
(1) to report to the City Council annually and from time to time
on the affairs of the City and to recommend for its consideration such
matters as deemed expedient, and
(2) to be the official head of the City for all political and
ceremonial purposes and to be recognized by the courts for the purpose of
serving civil process, for the signing of all legal instruments and
documents, and by the Governor for emergency purposes, and
(3) in the time of public danger or emergency, the Mayor, with the
consent of the Council, and for such period as the Council may fix, to
take command of the police, maintain order and enforce the law, and
(4) to assume the primary, but not the exclusive responsibility,
for interpreting to the people the policies, programs and needs of the
Itl-7
Resolution No. *****
Page 6
City government and for informing the people of any major change in policy
or program. The Mayor may represent the City in any and all matters
i nvo 1 vi ng other governmental agenci es, provi ded that no act, promi se,
commitment or agreement entered into or committed by the Mayor shall be
binding upon the City of Chula Vista unless duly authorized or ratified by
the City Council, and
(5) to represent the City in all regional public agencies which
require an elected City official, unless otherwise determined by the City
Council, and
(6) to supervi se the operati on of the Mayor/Council offi ce and
personnel assigned thereto, and
(7) to perform such other duties consistent with the office as may
be prescribed by this Charter or delegated to the Mayor or imposed on the
Mayor by the City Council if not inconsistent with the provisions of this
Charter, and
(8) to exercise the full-time function as Mayor of the City during
the usual business hours that the offices of the City are open, and such
other hours and times as shall be necessary to discharge in full the
duties imposed upon the Mayor.
(c) Compensation. The Mayor shall receive an annual salary of
thirty-seven thousand two hundred dollars ($37,200.00) per year and shall receive
reimbursement on order of the Council for Council-authorized travel and other
expenses when on official duty out of the City, and in addition, shall receive
the sum of fifty dollars ($50.00) per month, which amount shall be deemed to be
reimbursement of other out-of-pocket expenditures. The City Council may also
provide, by resolution, for the payment to the Mayor of an allowance of a sum
certain per month, as reimbursement for the additional demands and expenses made
upon and incurred by the Mayor.
The salary provided herein may be annually increased beyond said
amount by a reso 1 uti on of the City Council in an amount not to exceed the
proportionate Qrowth in the All Urban Consumers/All Items Component of the San
Diego Metropolitan Area ij (Broader Base) Consumer Price Index since the date of
the last adiustment, or beyond said increased amount, by a vote of the people.
(d) Mayor Pro Tempore. The City Council shall designate one of its
members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure
of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor
duri ng the Mayor's absence or di sabi 1 i ty."
SECTION 9. That a proposed Charter Amendment measure be submitted to the
voters as follows:
/tJ-Y
Resolution No. *****
Page 7
Appointive Boards and Commissions: Shall Section 600 be YES
amended to allow Council to provi de addi ti ona 1 powers
for Charter-created boards and commi ss ions; authori ze
Council to delegate decision-making authority to such
boards and commissions and to any boards and commissions
it creates by ordinance; and to exempt advisory
committees from certain Charter requirements applicable NO
to boards and commissions?
SECTION 10. Upon certification of the results of the election wherein it
is truly and properly certified that the abovementioned ballot label has received
an affirmative vote by a majority of votes cast, the following changes to the
Charter shall be deemed ordained by the People of the City of Chula Vista:
"Sec. 600. In General.
There shall be the boards and commissions enumerated in this article which
shall have the powers and duties set forth in this Charter and such additional
powers and duties as the Citv Council. by ordinance. provides. includinq such
final decision makinq authority as the Council mav elect to deleqate. not
inconsistent with the provisions of this Charter. In addition, the City Council,
may create, by ordinance, such boards or commissions as, in its judgment, are
required and may grant to them such powers and duties. includinq such deleqation
of final decision makinq authoritv otherwise vested in the Council. as are
consistent with the provisions of this Charter.
Such boards and commi ss ions sha 11 consult with and advi se the Mayor,
Councilor City Manager, and perform such other duties as may be provided herein
or in the ordinances establishing or relatinq to such boards and commissions, but
they shall have no authority to direct the conduct of any department.
Committees shall be exempt from the requirements of this article. but thev
shall have no final decision makinq authoritv. thev mav onlv render advice. and
shall have no authority to direct the conduct of anv department."
SECTION 11. That a proposed Charter Amendment measure be submitted to the
voters as follows:
/t-Cj
Resolution No. *****
Page 8
Appointments, Terms and Vacancies: Shall Section 602 YES
of the Charter be amended to allow initial terms of
less than two years to be disregarded for the purposes
of the two-term limit on service by members of boards
and commissions, in the same manner as currently
a 11 owed for persons appoi nted to fi 11 a position with NO
an unexpired term of two years or less?
SECTION 12. Upon certification of the results of the election wherein it
is truly and properly certified that the abovementioned ballot label has received
an affirmative vote by a majority of votes cast, the following changes to the
Charter shall be deemed ordained by the People of the City of Chu1a Vista:
"Sec. 602. Appointments: Terms and Vacancies.
(a) Appointments and Terms. The members of each of such boards or
commissions shall be appointed, and shall be subject to removal, by motion of the
City Council adopted by at least three affirmative votes. The members thereof
shall serve for a term of four (4) years and until their respective successors
are appointed and qualified. Members of such aevisery boards and commissions
shall be limited to a maximum of two (2) consecutive terms and an interval of two
(2) years must pass before a person who has served two (2) consecutive terms may
be reappointed to the cemmissienbodv upon which the member had served; provided,
further, that for the purpose of this section, an appointment to fill an initial
term or an unexpired term of less than two (2) years in duration shall not be
considered as a term; however, any appointment to fill an initial term or an
unexpired term in excess of two (2) years shall be considered to be a full term.
(b) Initial Classification of Appointees. The members first appointed
to such boards and commissions shall so classify themselves by lot so that each
succeeding July 1st the term of one (1) of their number shall expire. If the
total number of members of a beare er eemmissien such body to be appointed
exceeds four (4), the classification by lot shall provide for the grouping of
terms to such an extent as is necessary in order that the term of at least one
(1) member shall expire on each succeeding July 1st.
(c) Vacancies. Vacancies in any board or commission, from whatever cause
arising, shall be filled by appointment by the City Council. Upon a vacancy
occurring leaving an unexpired portion of a term, any appointment to fill such
vacancy shall be for the unexpired portion of such term. If a member of a board
of commission is absent from three (3) regular meetings of such Beare er
cemmissienbody, consecutively, unless by permission of such beare er
cemmissienbody expressed in its official minutes, or is convicted of a felony or
crime involving moral turpitude, or ceases to be a qualified elector of the City,
the office shall become vacant and shall be so declared by the City Council.
(d) Eligibility. All members of boards and commissions shall be
qua 1 ifi ed electors in the Ci ty of Chu1 a Vi sta with the excepti on of Youth
/#-/0
Resolution No. *****
Page 9
Commissioners who need only be residents of the City of Chula Vista. No person
may be appointed nor shall serve on more than one of the Charter-created boards
or commi ss ions simultaneously."
SECTION 13. That a proposed Charter Amendment measure be submitted to the
voters as follows:
Public Works Contracts: Shall Section 1009 be amended YES
to increase the minimum amounts which trigger the
application of existing, increasingly stringent, bidding
procedures required of the City Manager and City Council
to award Public Works contracts; and to allow the City
Council to wai ve any defects in bids if, in a public
hearing, the Council finds such waiver is in the public NO
interest?
SECTION 14. Upon certification of the results of the election wherein it
is truly and properly certified that the abovementioned ballot label has received
an affirmative vote by a majority of votes cast, the following changes to the
Charter shall be deemed ordained by the People of the City of Chula Vista:
"Sec. 1009. Contracts on Public Works.
In the constructi on, reconstruction, or repai r of pub 1 i c buil di ngs,
streets, drains, sewers, parks, playgrounds and other public works, the
furnishing of supplies, materials, equipment or contractual services for same
shall be done by written contract approved as to form and legality by the City
Attorney.
Every project involving an expenditure of tlleRty fhe fifty thousand
dollars ($2550,000.00) or more for the construction, reconstruction, improvement
or repair of public buildings, streets, drains, sewers, utilities, parks and
playgrounds and other public works, and the furnishing of supplies, materials,
equipment or contractual services for same shall be done by written contract
except as otherwise provided in this chapter, and the Council, upon the
recommendation of the City Manager, shall let said contract to the lowest
responsible bidder after notice by publication in the official newspaper for
sealed bids for the work contemplated by one or more insertions, the first of
which shall be at least ten days before the time for opening bids. If the cost
of said public works project is more than the sum of teft twenty-five thousand
dollars ($+-G25,OOO.00) but less than t\;eRty five fifty thousand dollars
($2550,000.00), the City Council may let said contract without advertising for
bids after the City Manager or his designated agent has secured competitive
prices from interested contractors; which shall be considered by the Council
before said contract is let.
If the project involves the expenditure of teft twenty-five thousand dollars
($+-G25,OOO.OO) or less, the City Manager may cause such written contract to be
)~"'IJ
Resolution No. *****
Page 10
let without advertising for bids. However, except in emergencies, the City
Engineer or the Purchasing Agent shall obtain informal bids. The project shall
be awarded to the lowest responsible bidder whose bid is determined to be, in all
respects, most advantageous to the pub 1 i c interest. The City Engi neer may
solicit such bids personally, by telephone or by mail, and shall submit to the
Purchasing Agent and the City Manager a written account of the procedures used
and the bids thus obtained. A copy of said informal bidding procedure shall be
filed in the Office of the City Clerk as a public record.
The City Council may, however, declare and determine that, in its opinion,
based upon estimates approved by and the recommendations of the City Manager,
said projects may be excepted from the requirements of this section because the
work in question may be performed better or more economically by the City with
its own employees, and by a resolution to this effect, adopted by at least four
affirmative votes of the Council, order the performance of any such construction,
reconstruction, improvement or repair by appropriate City forces.
All bids of more than hiCAty fivc fiftv thousand dollars ($2550,000.00)
shall be accompanied by either a certified or cashier's check, or a bidder's bond
executed by a corporate surety authorized to engage in such business in
California, made payable to the City. Such security shall be in an amount not
less than that specified in the notice inviting bids or in the specifications
referred to therein, or if no amount be so specified, then in an amount not less
than ten percent (10%) of the aggregate amount of the bid. If the successful
bidder neglects or refuses to enter into the contract within the time specified
in the notice inviting bids or specifications referred to therein, the amount of
hi s bi dder' s securi ty shall be decl ared forfei ted to the City and shall be
collected and paid into its general fund and all bonds so forfeited shall be
prosecuted and the amount thereof collected and paid into such fund.
The City Council shall be competent to award any contract by comparison of
bids on the basis of several factors including timelY completion. Such an award
shall be secured by a surety bond as hereinabove provided with adequate sureties
and penalties, and provided, further, that for any contract awarded solely or
partially on a specified time for completion, the Council shall not extend such
time limits unless such extension Be recommended by the City Manager and the head
of the Department concerned.
The City Council may reject any and all bids presented and may readvertise
in its discretion. The Citv Council mav waive anv defects in anv bid to the
extent it finds at a public hearinq held for that purpose that it is necessarv
to do so for the benefit of the public.
Contracts may likewise be let without advertising for bids if such work
shall be deemed by the City Council to be of urgent necessity for the
preservation of life, health or property, and shall be authorized by resolution
passed by at least four affirmative votes of the Council and containing a
declaration of the facts constituting such urgency; provided, however, that
nothing in this section shall prevent the City Manager from taking any and all
means necessary to make emergency repairs in the event of immediate need arising
from any calamity or disaster."
Itl-le2.
Resolution No. *****
Page 11
SECTION 15. That the San Diego County Registrar of Voters is authorized to
canvass the returns of the General Municipal Election.
SECTION 16. That the City of Chula Vista recognizes that additional costs
will be incurred by the County by reason of this consolidation and agrees to
reimburse the County for any costs.
SECTION 17. That the City Clerk is hereby directed to file a copy of this
resolution with the San Diego County Board of Supervisors and Registrar of
Voters.
SECTION 18. The Council reserves the authority to make minor technical
changes, amendments and deletions in the actual language of the Charter
amendments herewith set forth in Secti ons 3 through 16 between the date of
adoption of this resolution and end of the public examination period, upon a
finding that such change is necessary in order to have the language achieve the
plain meaning of the purposes and intent of the ballot label and upon receipt of
4/5ths vote at a public hearing conducted at a televised and regularly scheduled
meeting of the City Council.
SECTION 19. That the City Clerk shall certify to the passage and adoption
of this Resolution and enter it into the book of original Resolutions.
Presented by:
Submitted by:
Beverly A. Authelet, City Clerk
Bruce M. Boogaard, City Attorney
jtp-/3
~~~,
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION AND REQUESTING THE SAN DIEGO COUNTY
BOARD OF SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL
ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 3, 1992, FOR THE PURPOSE OF ELECTING
TWO MEMBERS OF CITY COUNCIL AND SUBMITTING CERTAIN
CHARTER AMENDMENTS TO THE PEOPLE
WHEREAS, under the provisions of the Chula vista Charter, a
General Municipal Election shall be held on November 3, 1992 for
the purpose of electing councilmembers to seats 3 and 4 for the
City Council at which, certain charter amendments may be submitted
to the people; and,
WHEREAS, it is desirable that the General Municipal Election
be consolidated with the statewide General Election to be held on
the same date and conducted in all respects as if there were only
one election within the City with the same precincts, polling
places, and election officers, and that the San Diego County
Registrar of Voters canvass the returns of the General Municipal
Election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the Chula
vista Charter, there is called and ordered to be held in the City
of Chula vista on Tuesday, November 3, 1992, a General Municipal
Election for the purpose of electing councilmembers to seats 3 and
4 on the city Council and to submit to the voters certain
amendments to the Charter of the city of Chula vista as herein
proposed.
SECTION 2. That pursuant to section 23302 of the Elections
code, the Board of Supervisors of the county of San Diego is hereby
requested to consent and agree to the consolidation of a General
Municipal Election with the statewide General Election on Tuesday,
November 3, 1992, for the election of two Members of the city
council and submission of proposed Charter Amendments.
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July 31, 1992
Proposed Amendments to Charter for 1992 Election
Page 1
SECTION 3. That a proposed Charter Amendment measure to be
submitted to the voters appear on the ballot as follows:
Runoff Elections: Shall section 300 be amended to
provide that, if a municipal election does not
produce a majority winner and a special election is
required among the two highest candidates, the
third highest candidate shall be given the oppor-
tunity to participate in the runoff election if one
of the two runoff election candidates dies more
than ninety days preceding that election; and to
allow election of the remaining candidate by
operation of law if the candidate receiving the
third highest number of votes declines to run?
YES
NO
SECTION 4. Upon certification of the results of the
election wherein it is truly and properly certified that the
abovementioned ballot label has received an affirmative vote by a
majority of votes cast, the following changes to the Charter shall
be deemed ordained by the People of the city of Chula vista:
"Sec. 300.
Members. Eliqibilitv and Terms.
A. There shall be a City Council of five members, consisting
of four Councilmembers and a Mayor, elected from the City at large
at the times and in the manner provided in this Charter.
B. No person shall be eligible to hold office as members of
the City Council unless they are residents of the City of Chula
vista, and at the time of their election or appointment, qualified
electors of the city or of territory annexed thereto.
C. The term of each member of the City Council shall be for
a nominal term of four years and shall commence on the first
Tuesday of December of the year of the election, and shall continue
until a successor qualifies. The term for the Mayoral seat and
Council seats numbered one (1) and two (2) shall be deemed to com-
mence on every fourth anniversary of the first Tuesday of December
of 1990 and the term from Council seats numbered three (3) and four
(4) shall be deemed to commence on every fourth anniversary of the
first Tuesday of December of 1988.
D. No person shall be eligible for nomination and election
to the office of City councilmember or Mayor for more than two (2)
consecutive terms, and no person who has held a Council office for
a period of two (2) consecutive terms or the office of Mayor for
two (2) consecutive terms, may again seek nomination and election
to said offices of Councilor Mayor respectively until a period of
one (1) year from the termination of the second term for
Councilmember or Mayor has elapsed; provided, however, that any
92chrt2.wp
July 31, 1992
Proposed Amendments to Charter for 1992 Election
Page 2
person who is appointed by the Council to fill the office of
councilor Mayor or elected in a special election for the balance
of a regular term of Mayor and/or Council for a period of two (2)
years or less may seek nomination and election for two (2) full
terms thereafter.
E. Each Council seat shall be numbered one (1) through four
(4) respectively. Persons seeking election to the City Council
shall at the time of filing nomination papers, select one of said
seats as the Council position for which they seek election.
F. Persons running for a Council office shall designate one
of the two numbered Council seats as memorialized by resolution of
the Chula vista City Council on file in the office of the City
Clerk. Should a vacancy occur at any time in a Council seat or
seats, if said vacancy is to be filled by a special election as
provided in section 303 of the Charter, candidates for said vacancy
shall similarly designate the appropriate numbered seat on their
nominating paper.
G. Any person to be elected at a general municipal election
for any numbered Council seat 1 through 4 or the office of Mayor
for which nomination papers have been filed shall be deemed elected
upon receipt of a majority of the votes cast for the particular
seat or the Office of Mayor at the election. If no candidate at
such general municipal election receives a majority of the votes
cast, there shall be a special runoff election, to be held on the
same date as the statewide election date in November immediately
following the general municipal election (if no statewide election
is conducted, then on the first Tuesday after the first Monday of
November of each even-numbered year), between the two candidates
receiving the highest and second highest number of votes in the
general municipal election for said seat or the Office of Mayor, in
order to determine the winner. By way of clarification, ties among
the candidates receiving the two highest number of votes at the
general Municipal election shall be resolved by a special runoff
election.
H. Any person to be elected at a special municipal election
called to fill a vacancy pursuant to the provision of section 303
for any numbered Council seats one through four or the Office of
Mayor, for which nomination papers have been filed, shall be deemed
elected upon receipt of a majority of the votes cast for the
particular seat or the Office of Mayor at the election. If no
candidate at such special election receives a majority of the votes
cast, there shall be a special run-off election to be held on a
date set by Council as soon after such special election as
practical between the two candidates receiving the highest and
second highest number of votes in such special election for said
seat or the Office of Mayor in order to determine the winner and
92chrt2.wp
July 31, 1992
Proposed Amendments to Charter for 1992 Election
Page 3
shall be seated upon certification of the results of the election.
By way of clarification, ties among the candidates receiving the
two highest number of votes at such special election shall be
resolved by a special run-off election.
I. If one of the two eliqible candidates dies on or before
the ninetieth dav prior to the special runoff election. his or her
name shall not be placed on the ballot. The candidate receivinq
the third hiqhest number of votes in the qeneral municipal election
for said seat or the Office of Mayor shall be offered bY the city
Clerk. the opportunity to be placed on the ballot in lieu of the
deceased. The citv Clerk shall make the offer in writinq immedi-
atelY upon notification of the death. The candidate shall accept
or reiect in writinq to the Clerk within five calendar days of
receipt of the city Clerk's offer. If accepted. the special runoff
election between the remaininq candidate and the candidate
receivinq the third hiqhest number shall be held. If reiected.
there shall be no runoff election. and the remaininq candidate
shall be deemed elected as of the date of such death.
~~ Any person to be elected at a special run-off election
required under the provision of this section, shall be deemed
elected upon receipt of the highest number of votes for the
particular seat or the Office of Mayor and shall be seated upon
certification of the results of the election. Ties at such special
run-off election shall be resolved by lot."
SECTION 5. That a proposed Charter Amendment measure be
submitted to the voters as follows:
vacancies: Shall section 303 be amended to provide
that a Councilmember's Office becomes vacant if a
Councilmember, without excuse granted contemporan-
eously, is absent from four consecutive regular
meetings scheduled and held; to require Council to
grant excuse for temporary illness disabling the
councilmember's attendance; and to require Council
to declare such vacancy as soon as practicable, and
use its best efforts to appoint a replacement
within thirty days, or call a special election?
YES
NO
SECTION 6. Upon certification of the results of the
election wherein it is truly and properly certified that the
abovementioned ballot label has received an affirmative vote by a
majority of votes cast, the following changes to the Charter shall
be deemed ordained by the People of the city of Chula vista:
"Sec. 303.
vacancies.
A vacancy in the office of any member of the city council from
92chrt2.wp
July 31, 1992
Proposed Amendments to Charter for 1992 Election
Page 4
whatever cause arising, shall be filled by appointment by the City
Council, such appointee to hold office until the first Tuesday
following the next general municipal election and until a successor
qualifies. At the next general municipal election following any
vacancy, a Councilmember or Mayor shall be elected to serve for the
remainder of any unexpired term of said office.
If a member of the City Council is absent from ~ four (4)
consecutive regular meetings of the city Council scheduled and held
for a porioa sf thirty daYG cOHGecutively from aHd after the last
ro~ular City CouHcil meetiH~ atteHdea by Guch member, unless by
permission of the city council expressed in its official minutes
contemporaneouslv with such absences, or is convicted of a felony
or crime involving moral turpitude, the office shall become vacant.
The permission of the Council shall be aranted for anv temporary
illness of the reauestinq councilmember disablinq him or her from
attendance at such meetina.
The city Council shall declare the existence of any vacancy as
soon as practicable. The citv Council shall use its best efforts
in aood faith to fill such vacancy by appointment within thirtv
days of their declaration of the existence of the vacancy. In the
event it shall fail to fill a vacancy by appointment within thirty
days after such office shall have been so declared vacant, or
sooner. if impasse is reached sooner. it shall forthwith cause an
election to be held to fill such vacancy."
SECTION 7. That a proposed Charter Amendment measure be
submitted to the voters as follows:
Mayor's Salary: Shall Section 304 of the Charter
be amended to make a technical, non-substantive
change to clarify the annual cost of living
adjustment to the mayor's salary without changing
the method by which said cost of living adjustment
is calculated?
YES
NO
SECTION 8. Upon certification of the results of the
election wherein it ~s truly and properly certified that the
abovementioned ballot label has received an affirmative vote by a
majority of votes cast, the following changes to the Charter shall
be deemed ordained by the People of the city of Chula vista:
"
Sec. 304. presidina Officer. Mayor.
(a) Mayor. There shall be elected at the general municipal
election a Mayor who shall hold office for a term of four years and
until a successor is elected and qualified.
92chrt2.wp
July 31, 1992
Proposed Amendments to Charter for 1992 Election
Page 5
(b) Duties. The Mayor shall be a member of the city council
and shall perform all the functions and have all of the powers and
rights of a duly elected Councilmember. In addition to said powers
and duties, the Mayor shall have the power and duty:
(1) to report to the city council annually and from time to
time on the affairs of the City and to recommend for its
consideration such matters as deemed expedient, and
(2) to be the official head of the City for all political and
ceremonial purposes and to be recognized by the courts
for the purpose of serving civil process, for the signing
of all legal instruments and documents, and by the
Governor for emergency purposes, and
(3) in the time of public danger or emergency, the Mayor,
with the consent of the Council, and for such period as
the Council may fix, to take command of the police,
maintain order and enforce the law, and
(4) to assume the primary, but not the exclusive
responsibility, for interpreting to the people the
policies, programs and needs of the city government and
for informing the people of any major change in policy or
program. The Mayor may represent the City in any and all
matters involving other governmental agencies, provided
that no act, promise, commitment or agreement entered
into or committed by the Mayor shall be binding upon the
city of Chula vista unless duly authorized or ratified by
the City Council, and
(5) to represent the city in all regional public agencies
which require an elected city official, unless otherwise
determined by the City Council, and
(6) to supervise the operation of the Mayor/Council office
and personnel assigned thereto, and
(7) to perform such other duties consistent with the office
as may be prescribed by this Charter or delegated to the
Mayor or imposed on the Mayor by the city Council if not
inconsistent with the provisions of this Charter, and
(8) to exercise the full~time function as Mayor of the City
during the usual business hours that the offices of the
city are open, and such other hours- and times as shall be
necessary to discharge in full the duties imposed upon
the Mayor.
(c) compensation. The Mayor shall receive an annual salary
92chrt2.wp
July 31, 1992
Proposed Amendments to Charter for 1992 Election
Page 6
of thirty-seven thousand two hundred dollars ($37,200.00) per year
and shall recei ve reimbursement on order of the council for
council-authorized travel and other expenses when on official duty
out of the City, and in addition, shall receive the sum of fifty
dollars ($50.00) per month, which amount shall be deemed to be
reimbursement of other out-of-pocket expenditures. The city
Council may also provide, by resolution, for the payment to the
Mayor of an allowance of a sum certain per month, as reimbursement
for the additional demands and expenses made upon and incurred by
the Mayor.
The salary provided herein may be annually increased beyond
said amount by a resolution of the city council in an amount not to
exceed the proportionate qrowth in the All Urban consumers/All
Items Component of the San Diego Metropolitan Area B (Broader Base)
Consumer Price Index since the date of the last adiustment, or
beyond said increased amount, by a vote of the people.
(d) Mayor Pro Tempore. The City Council shall designate one
of its members as Mayor Pro Tempore, who shall serve in such
capacity at the pleasure of the City Council. The Mayor Pro
Tempore shall perform the duties of the Mayor during the Mayor's
absence or disability."
SECTION 9. That a proposed Charter Amendment measure be
submitted to the voters as follows:
Appointive Boards and Commissions: Shall section
600 be amended to allow Council to provide
additional powers for Charter-created boards and
commissions; authorize Council to delegate
decision-making authority to such boards and
commissions and to any boards and commissions it
creates by ordinance; and to exempt advisory
committees from certain Charter requirements
applicable to boards and commissions?
YES
NO
SECTION 10. Upon certification of the results of the
election wherein it 1S truly and properly certified that the
abovementioned ballot label has received an affirmative vote by a
majority of votes cast, the following changes to the Charter shall
be deemed ordained by the People of the city of Chula vista:
II Sec. 600. In General.
There shall be the boards and commissions enumerated in this
article which shall have the powers and duties set forth in this
Charter and such additional powers and duties as the city Council.
by ordinance. provides. includinq such final decision makinq
authority as the Council may elect to deleqate. not inconsistent
92chrt2.wp
July 31, 1992
Proposed Amendments to Charter for 1992 Election
Page 7
with the provisions of this Charter. In addition, the City
council, may create, by ordinance, such boards or commissions as,
in its judgment, are required and may grant to them such powers and
duties. includinq such deleqation of final decision makinq
authoritv otherwise vested in the Council. as are consistent with
the provisions of this Charter.
Such boards and commissions shall consult with and advise the
Mayor, Councilor City Manager. and perform such other duties as
may be provided herein or in the ordinances establishing or
relatinq to such boards and commissions, but they shall have no
authority to direct the conduct of any department.
Committees formed bv the Council shall be exempt from the
requirements of this article. but thev shall have no final decision
makinq authoritv. thev mav onlv render advice. and shall have no
authoritv to direct the conduct of anv department."
SECTION 11. That a proposed Charter Amendment measure be
submitted to the voters as follows:
Appointments, Terms and Vacancies: Shall section
602 of the Charter be amended to allow initial
terms of less than two years to be disregarded for
the purposes of the two-term limit on service by
members of boards and commissions, in the same
manner as currently allowed for persons appointed
to fill a position with an unexpired term of two
years or less?
YES
NO
SECTION 12. Upon certification of the results of the
election wherein it 1S truly and properly certified that the
abovementioned ballot label has received an affirmative vote by a
majority of votes cast, the following changes to the Charter shall
be deemed ordained by the People of the City of Chula vista:
"
Sec. 602. Appointments; Terms and Vacancies.
(a) Appointments and Terms. The members of each of such
boards or comissions shall be appointed, and shall be subject to
removal, by motion of the city Council adopted by at least three
affirmative votes. The members thereof shall serve for a term of
four (4) years and until their respective successors are appointed
and qualified. Members of such advioory boards and commissions
shall be limited to a maximum of two (2) consecutive terms and an
interval of two (2) years must pass before a person who has served
two (2) consecutive terms may be reappointed to the commiooionbodv
upon which the member had served; provided, further, that for the
purpose of this section, an appointment to fill an initial term or
an unexpired term of less than two (2) years in duration shall not
92chrt2. wp
July 31, 1992
Proposed Amendments to Charter for 1992 Election
Page 8
be considered as a term; however,
initial term or an unexpired term in
be considered to be a full term.
any appointment to fill an
excess of two (2) years shall
(b) Initial Classification of Appointees. The members first
appointed to such boards and commissions shall so classify
themselves by lot so that each succeeding July 1st the term of one
(1) of their number shall expire. If the total number of members
of a board or cOIDmiooion such body to be appointed exceeds four
(4), the classification by lot shall provide for the grouping of
terms to such an extent as is necessary in order that the term of
at least one (1) member shall expire on each succeeding July 1st.
(c) Vacancies. vacancies in any board or commission, from
whatever cause arising, shall be filled by appointment by the city
council. Upon a vacancy occurring leaving an unexpired portion of
a term, any appointment to fill such vacancy shall be for the
unexpired portion of such term. If a member of a board of
commission is absent from three (3) regular meetings of such board
or oommionionbody , consecutively, unless by permission of such
board or oommiooionbodY expressed in its official minutes, or is
convicted of a felony or crime involving moral turpitude, or ceases
to be a qualified elector of the City, the office shall become
vacant and shall be so declared by the City Council.
(d) Eligibility. All members of boards and commissions shall
be qualified electors in the City of Chula vista with the exception
of Youth Commissioners who need only be residents of the city of
Chula vista. No person may be appointed nor shall serve on more
than one of the Charter-created boards or commissions
simultaneously."
SECTION 13. That a proposed Charter Amendment measure be
submitted to the voters as follows:
Public Works Contracts: Shall section 1009 be
amended to increase the minimum amounts which
trigger the application of existing, increasingly
stringent, bidding procedures required of the City
Manager and City Council to award Public Works
contracts; and to allow the city Council to waive
any defects in bids if, in a public hearing, the
Council finds such waiver is in the public
interest?
YES
NO
SECTION 14. Upon certification of the results of the election
wherein it is truly and properly certified that the abovementioned
ballot label has received an affirmative vote by a majority of
votes cast, the following changes to the Charter shall be deemed
ordained by the People of the City of Chula vista:
92chrt2.wp
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Proposed Amendments to Charter for 1992 Election
Page 9
11
Sec. 1009.
Contracts on Public Works.
In the construction, reconstruction, or repair of public
buildings, streets, drains, sewers, parks, playgrounds and other
public works, the furnishing of supplies, materials, equipment or
contractual services for same shall be done by written contract
approved as to form and legality by the City Attorney.
Every project involving an expenditure of tllcnty fivc fiftv
thousand dollars ($i!-!>50,000.00) or more for the construction,
reconstruction, improvement or repair of public buildings, streets,
drains, sewers, utilities, parks and playgrounds and other public
works, and the furnishing of supplies, materials, equipment or
contractual services for same shall be done by written contract
except as otherwise provided in this chapter, and the Council, upon
the recommendation of the City Manager, shall let said contract to
the lowest responsible bidder after notice by publication in the
official newspaper for sealed bids for the work contemplated by one
or more insertions, the first of which shall be at least ten days
before the time for opening bids. If the cost of said public works
project is more than the sum of ~ twentv-five thousand dollars
($M25,000.00) but less than tllOnty five fiftv thousand dollars
($i!-!>50, 000.00) , the city Council may let said contract without
advertising for bids after the City Manager or his designated agent
has secured competitive prices from interested contractors; which
shall be considered by the Council before said contract is let.
If the project involves the expenditure of ~ twentv-five
thousand dollars ($M25,OOO.00) or less, the City Manager may cause
such written contract to be let without advertising for bids.
However, except in emergencies, the City Engineer or the Purchasing
Agent shall obtain informal bids. The project shall be awarded to
the lowest responsible bidder whose bid is determined to be, in all
respects, most advantageous to the public interest. The City
Engineer may solicit such bids personally, by telephone or by mail,
and shall submit to the Purchasing Agent and the city Manager a
written account of the procedures used and the bids thus obtained.
A copy of said informal bidding procedure shall be filed in the
Office of the City Clerk as a public record.
The City Council may, however, declare and determine that, in
its opinion, based upon estimates approved by and the
recommendations of the City Manager, said projects may be excepted
from the requirements of this section because the work in question
may be performed better or more economically by the City with its
own employees, and by a resolution to this effect, adopted by at
least four affirmative votes of the Council, order the performance
of any such construction, reconstruction, improvement or repair by
appropriate city forces.
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Proposed Amendments to Charter for 1992 Election
Page 10
All bids of more than blCnty five fiftv thousand dollars
($-2-550,000.00) shall be accompanied by either a certified or
cashier's check, or a bidder's bond executed by a corporate surety
authorized to engage in such business in California, made payable
to the city. Such security shall be in an amount not less than
that specified in the notice inviting bids or in the specifications
referred to therein, or if no amount be so specified, then in an
amount not less than ten percent (10%) of the aggregate amount of
the bid. If the successful bidder neglects or refuses to enter
into the contract within the time specified in the notice inviting
bids or specifications referred to therein, the amount of his
bidder's security shall be declared forfeited to the City and shall
be collected and paid into its general fund and all bonds so
forfeited shall be prosecuted and the amount thereof collected and
paid into such fund.
The City Council shall be competent to award any contract by
comparison of bids on the basis of several factors including timelY
completion. Such an award shall be secured by a surety bond as
hereinabove provided with adequate sureties and penalties, and
provided, further, that for any contract awarded solely or
partially on a specified time for completion, the Council shall not
extend such time limits unless such extension Be recommended by the
city Manager and the head of the Department concerned.
The City Council may reject any and all bids presented and may
readvertise in its discretion. The citv Council mav waive anv
defects in anv bid to the extent it finds at a public hearinq held
for that purpose that it is necessarv to do so for the benefit of
the public.
Contracts may likewise be let without advertising for bids if
such work shall be deemed by the City Council to be of urgent
necessity for the preservation of life, health or property, and
shall be authorized by resolution passed by at least four
affirmative votes of the Council and containing a declaration of
the facts constituting such urgency; provided, however, that
nothing in this section shall prevent the City Manager from taking
any and all means necessary to make emergency repairs in the event
of immediate need arising from any calamity or disaster."
SECTION
authorized
Election.
15. That the San Diego County Registrar of Voters is
to canvass the returns of the General Municipal
SECTION 16. That the City of Chula vista recognizes that
additional costs will be incurred by the County by reason of this
consolidation and agrees to reimburse the County for any costs.
92chrt2.wp
July 31, 1992
Proposed Amendments to Charter for 1992 Election
Page 11
SECTION 17. That the City Clerk
copy of this resolution with the
supervisors and Registrar of Voters.
is hereby directed to file a
San Diego county Board of
SECTION 18. The Council reserves the authority to make minor
technical changes, amendments and deletions in the actual language
of the Charter amendments herewith set forth in sections 3 through
16 between the date of adoption of this resolution and end of the
pUblic examination period, upon a finding that such change is
necessary in order to have the language achieve the plain meaning
of the purposes and intent of the ballot label and upon receipt of
4j5ths vote at a public hearing conducted at a televised and
regularly scheduled meeting of the City Council.
SECTION 19. That the city Clerk shall certify to the passage
and adoption of this Resolution and enter it into the book of
original Resolutions.
Presented by
Beverly Authelet
City Clerk
92chrt2.wp
July 31, 1992
Proposed Amendments to Charter for 1992 Election
Page 12
f f2-L~ . ----- "
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council Working Papers
for 1992 Charter Changes
~
J. TIs:M <
ID
1. Runnoff Election:
Ballot Label
Runoff Elections: Shall section 300 be amended to
provide that, if a municipal election does not
produce a majority winner and a special election is
required among the two highest candidates, the
third highest candidate shall be given the oppor-
tunity to participate in the runoff election if one
of the two runoff election candidates dies more
than ninety days preceding that election; and to
allow election of the remaining candidate by
operation of law if the candidate receiving the
third highest number of votes declines to run?
YES
NO
Charter Language
"Sec. 300.
Members. Eliqibilitv and Terms.
A. There shall be a City Council of
five members, consisting of four
Councilmembers and a Mayor, elected from the
city at large at the times and in the manner
provided in this Charter.
B. No person shall be eligible to hold
office as members of the city Council unless
they are residents of the City of Chula Vista,
and at the time of their election or
appointment, qualified electors of the city or
of territory annexed thereto.
C. The term of each member of the City
Council shall be for a nominal term of four
years and shall commence on the first Tuesday
of December of the year of the election, and
shall continue until a successor qualifies.
The term for the Mayoral seat and Council
seats numbered one (1) and two (2) shall be
deemed to commence on every fourth anniversary
of the first Tuesday of December of 1990 and
the term from Council seats numbered three (3)
and four (4) shall be deemed to commence on
every fourth anniversary of the first Tuesday
of December of 1988.
92cDro~a5Wp Amendments to Charter--1992 Election--Working Edition
July 31, 1992 Page 1
/'
/0 -/.:7
D. No person shall be eligible for
nomination and election to the office of City
Councilmember or Mayor for more than two (2)
consecutive terms, and no person who has held
a Council office for a period of two (2)
consecutive terms or the office of Mayor for
two (2) consecutive terms, may again seek
nomination and election to said offices of
councilor Mayor respectively until a period
of one (1) year from the termination of the
second term for Councilmember or Mayor has
elapsed; provided, however, that any person
who is appointed by the Council to fill the
office of Councilor Mayor or elected in a
special election for the balance of a regular
term of Mayor and/or Council for a period of
two (2) years or less may seek nomination and
election for two (2) full terms thereafter.
E. Each council seat shall be numbered
one (1) through four (4) respectively.
Persons seeking election to the City council
shall at the time of filing nomination papers,
select one of said seats as the Council
position for which they seek election.
F. Persons running for a Council office
shall designate one of the two numbered
Council seats as memorialized by resolution of
the Chula vista City Council on file in the
office of the city Clerk. Should a vacancy
occur at any time in a Council seat or seats,
if said vacancy is to be filled by a special
election as provided in section 303 of the
Charter, candidates for said vacancy shall
similarly designate the appropriate numbered
seat on their nominating paper.
G. Any person to be elected at a
general municipal election for any numbered
Council seat 1 through 4 or the office of
Mayor for which nomination papers have been
filed shall be deemed elected upon receipt of
a majority of the votes cast for the
particular seat or the Office of Mayor at the
election. If no candidate at such general
municipal election receives a majority of the
votes cast, there shall be a special runoff
election, to be held on the same date as the
statewide election date in November
92cnrb~a5Wp Amendments to Charter--1992 Election--Working Edition
July 31, 1992 Page 2
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immediately following the general municipal
election (if no statewide election is
conducted, then on the first Tuesday after the
first Monday of November of each even-numbered
year), between the two candidates receiving
the highest and second highest number of votes
in the general municipal election for said
seat or the Office of Mayor, in order to
determine the winner. By way of
clarification, ties among the candidates
receiving the two highest number of votes at
the general Municipal election shall be
resolved by a special runoff election.
H. Any person to be elected at a special
municipal election called to fill a vacancy
pursuant to the provision of section 303 for
any numbered Council seats one through four or
the Office of Mayor, for which nomination
papers have been filed, shall be deemed
elected upon receipt of a majority of the
votes cast for the particular seat or the
Office of Mayor at the election. If no
candidate at such special election receives a
majority of the votes cast, there shall be a
special run-off election to be held on a date
set by Council as soon after such special
election as practical between the two
candidates receiving the highest and second
highest number of votes in such special
election for said seat or the Office of Mayor
in order to determine the winner and shall be
seated upon certification of the results of
the election. By way of clarification, ties
among the candidates receiving the two highest
number of votes at such special election shall
be resolved by a special run-off election.
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I. If one of the two eliqible candidates
dies on or before the ninetieth dav prior to
the special runoff election. his or her name
shall not be placed on the ballot. The
candidate receivinq the third hiqhest number
of votes in the qeneral municipal election for
said seat or the Office of Mavor shall be
offered bv the citv Clerk. the opportunitv to
be placed on the ballot in lieu of the
deceased. The citv Clerk shall make the offer
in wri tinq immediatel v upon notification of
the death. The candidate shall accept or
) tJ- 17
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Election--Working Edition
ttv- l'\CA.l\'\.f. Page 3
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92cnrb~aswp Amendments to Charter--l992
July 31, 1992
reiect in writinq to the Clerk within five
calendar days of receipt of the citv Clerk's
offer. If accepted. the special runoff
election between the remaininq candidate and
the candidate receivinq the third hiqhest
number shall be held. If reiected. there
shall be no runoff election. and the remaininq
candidate shall be deemed elected as of the
date of such death.
h,L. Any person to be elected at a
special run-off election required under the
provision of this section, shall be deemed
elected upon receipt of the highest number of
votes for the particular seat or the Office of
Mayor and shall be seated upon certification
of the results of the election. Ties at such
special run-off election shall be resolved by
lot."
2. Vacancies for Meeting Absences
Ballot Label
vacancies: Shall section 303 be amended to provide
that a Councilmember's Office becomes vacant if a
councilmember, without excuse granted contemporan-
eously, is absent from four consecutive regular
meetings scheduled and held; to require council to
grant excuse for temporary illness disabling the
Councilmember's attendance; and to require Council
to declare such vacancy as soon as practicable, and
use its best efforts to appoint a replacement
within thirty days, or call a special election?
YES
NO
Charter Language
"Sec. 303.
Vacancies.
A vacancy in the office of any member of
the city council from whatever cause arising,
shall be filled by appointment by the city
Council, such appointee to hold office until
the first Tuesday following the next general
municipal election and until a successor
qualifies. At the next general municipal
election following any vacancy, a
Councilmember or Mayor shall be elected to
serve for the remainder of any unexpired term
92cnro~a5Wp Amendments to Charter--1992 Election--Working Edition
July 31, 1992 Page 4
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of said office.
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If a member of the City Council is absent
from ~ four (41 consecutive regular meetings
of the city Council scheduled and held fer a t b~ L'4
perioe af thirty eayo conoeeuti',rely fram and S m~6...t. ,r.etT/4 r$M
after the laot reEJular city Council llleetinEJ ^b6erl'1 t ''A. tlt-Uft
attendee ley ouch Illcmleer, unless by permission II "uS<t.L f I- lU/V
of the city Council expressed in its official/ eJ. ",,~\t-I'\
minutes contemporaneous Iv with such absences, ,.. t- bf>tyI-t. f
or is convicted of a felony or crime inVOlving {.$ ~ .r 1",1 0 ~'f"J
moral turpitude, the office shall become JJ\~'IIOil-t f~ t-1I~'1
vacant. The permission of the Council shall~", rV
be qranted for any temporary illness of the e' . ~ {,~se
requestinq councilmember disablinq him or her ~
from attendance at such meetinq. ,II Yle5$. } ~
The City council shall declare the J lr: 1<-rJ- .
existence of any vacancy as soon as ' nt. .J rJ,JtM.
practicable. The city Council shall use its ~ 'J>~51~ L 1(, 5"
best efforts in qood faith to fill such ~. tff~~
vacancy by appointment within thirty days of /~ V
their declaration of the existence of the
vacancy. In the event it shall fail to fill a
vacancy by appointment within thirty days
after such office shall have been so declared
vacant, or sooner. if impasse is reached
sooner, it shall forthwith cause an election
to be held to fill such yacancy."
3. Mayor's Salary Technical Corrections.
Ballot Label
Mayor's Salary: Shall Section 304 of the Charter
be amended to make a technical, non-substantive
change to clarify the annual cost of living
adjustment to the mayor's salary without changing
the method by which said cost of living adjustment
is calculated?
YES
NO
Charter Language
"
Sec. 304. presidinq Officer. Mayor.
(al Mayor. There shall be elected at the
general municipal election a Mayor who shall
hold office for a term of four years and until
92cnrb~aswp Amendments to Charter--1992 Election--Working Edition
July 31, 1992 Page 5
/O~)f
a successor is elected and qualified.
(b) Duties. The Mayor shall be a member
of the city Council and shall perform all the
functions and have all of the powers and
rights of a duly elected Councilmember. In
addition to said powers and duties, the Mayor
shall have the power and duty:
(1) to report to the city Council
annually and from time to time on
the affairs of the city and to
recommend for its consideration such
matters as deemed expedient, and
(2) to be the official head of the City
for all political and ceremonial
purposes and to be recognized by the
courts for the purpose of serving
civil process, for the signing of
all legal instruments and documents,
and by the Governor for emergency
purposes, and
(3) in the time of public danger or
emergency, the Mayor, with the
consent of the Council, and for such
period as the Council may fix, to
take command of the police, maintain
order and enforce the law, and
(4) to assume the primary, but not the
exclusive responsibility, for
interpreting to the people the
policies, programs and needs of the
ci ty government and for informing
the people of any major change in
policy or program. The Mayor may
represent the City in any and all
matters involving other governmental
agencies, provided that no act,
promise, commitment or agreement
entered into or committed by the
Mayor shall be binding upon the city
of Chula vista unless duly
authorized or ratified by the city
council, and
(5) to represent the city in all
regional public agencies which
92cDropaswp Amendments to Charter--1992 Election--Working Edition
July 31, 1992 Page 6
}fJ~02 D
require an elected City official,
unless otherwise determined by the
city Council, and
(6) to supervise the operation of the
Mayor/Council office and personnel
assigned thereto, and
(7) to perform such other duties
consistent with the office as may be
prescribed by this Charter or
delegated to the Mayor or imposed on
the Mayor by the City council if not
inconsistent with the provisions of
this Charter, and
(8) to exercise the full-time function
as Mayor of the City during the
usual business hours that the
offices of the City are open, and
such other hours and times as shall
be necessary to discharge in full
the duties imposed upon the Mayor.
(c) compensation. The Mayor shall
receive an annual salary of thirty-seven
thousand two hundred dollars ($37,200.00) per
year and shall receive reimbursement on order
of the Council for Council-authorized travel
and other expenses when on official duty out
of the City, and in addition, shall receive
the sum of fifty dollars ($50.00) per month,
which amount shall be deemed to be
reimbursement of other out-of-pocket
expenditures. The City Council may also
provide, by resolution, for the payment to the
Mayor of an allowance of a sum certain per
month, as reimbursement for the additional
demands and expenses made upon and incurred by
the Mayor.
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The salary provided herein may be
annually increased beyond said amount by a
resolution of the City Council in an amountj~\~i'1
not to exceed the proportionate qrowth in the
All Urban Consumers/All Items Component of the~PI -
San Diego Metropolitan Area Y (Broader Base) -
Consumer Price Index since the date of the.'tw.:1t
last adlustment, or beyond said increased'~ 3~ OD{),DC.
amount, by a vote of the people. J
.
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92cnrb~aswp Amendments to Charter--1992 Election--working Edition
July 31, 1992 Page 7
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(d) Mayor Pro Tempore. The City council
shall designate one of its members as Mayor
Pro Tempore, who shall serve in such capacity
at the pleasure of the City Council. The
Mayor Pro Tempore shall perform the duties of
the Mayor during the Mayor's absence or
disability."
4. Delegating Power to Boards and Commissions
Ballot Label
Appointive Boards and commissions: Shall section
600 be amended to allow Council to provide
additional powers for Charter-created boards and
commissions; authorize Council to delegate
decision-making authority to such boards and
commissions and to any boards and commissions it
creates by ordinance; and to exempt advisory
committees from certain Charter requirements
applicable to boards and commissions?
YES
NO
Charter Language
"
Sec. 600. In General.
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,
There shall be the boards and commissions
enumerated in this article which shall have - t:>\~~t\~ t.,
the powers and duties set forth in this ., bt' - '-
Charter and such additional powers and duties _ C,llh v'V1l.,;
as the citv Council. bv ordinance. provides.
includinq such final decision makinq authority - l-'-bv'''r~
as the Council may elect to deleqate. not D
inconsistent with the provisions of this ?di~ ~t~
Charter. In addition, the City council, may -
create, by ordinance, such boards or-
commissions as, in its judgment, are required 0
and may grant to them such powers and duties~rDpt(
includinq such deleqation of final decision ~.orLt
makinq authority otherwise vested in the
Council. as are consistent with the provisions
of this Charter.
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Such boards and commissions shall consult
with and advise the Mayor, Councilor City
Manager. and perform such other duties as may
be provided herein or in the ordinances
establishing or relatinq to such boards and
commlsslons, but they shall have no authority
to direct the conduct of any department.
92cnrb~a5Wp Amendments to Charter--1992 Election--Working Edition
July 31, 1992 Page 8
J!) -..2~
Committees shall be exempt from the re-
quirements of this article. but they shall
have no final decision makinq authority. they
maY onl v render advice. and shall have no
authority to direct the conduct of any
department."
5. Initial Terms for Boards and commissions.
Ballot Label
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Appointments, Terms and Vacancies: Shall section
602 of the Charter be amended to allow initial
terms of less than two years to be disregarded for
the purposes of the two-term limit on service by
members of boards and commissions, in the same
manner as currently allowed for persons appointed
to fill a position with an unexpired term of two
years or less?
Charter Language
"
Sec. 602. Appointments:
Vacancies.
and
Terms
(a) Appointments and Terms. The members
of each of such boards or comissions shall be
appointed, and shall be subject to removal, by
motion of the City Council adopted by at least
three affirmative votes. The members thereof
shall serve for a term of four (4) years and
until their respective successors are
a ointed and qualified. Members of such
oar s an commlSSlons shall be
llml e to a maximum of two (2) consecutive
terms and an interval of two (2) years must
pass before a person who has served two (2)
consecutive terms may be reappointed to the
commiooionbody upon which the member had
served; provided, further, that for the
purpose f' i n an appointment to
fill an initial term or an unexpired term of
less than 0 year n u no
be considered as a t r any
appointment to fill an initial term or an
unexpired term in excess 0 s
shall be considered to be a full term.
(b) Initial Classification of Appointees.
The members first appointed to such boards and
YES
NO
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92cnrbpaswp Amendments to Charter--1992 Election--Working Edition
July 31, 1992 Page 9
JtJ,;23
commissions shall so classify themselves by
lot so that each succeeding July 1st the term
of one (1) of their number shall expire. If
the total number of members of a soard or
commiooion such bodv to be appointed exceeds
four (4), the classification by lot shall
provide for the grouping of terms to such an
extent as is necessary in order that the term
of at least one (1) member shall expire on
each succeeding July 1st.
(c) Vacancies. vacancies in any board or
commission, from whatever cause arising, shall
be filled by appointment by the City Council.
Upon a vacancy occurring leaving an unexpired
portion of a term, any appointment to fill
such vacancy shall be for the unexpired
portion of such term. If a member of a board
of commission is absent from three (3) regular
meetings of such board or commiooionbodv,
consecutively, unless by permission of such
board or commiooionbodv expressed in its
official minutes, or is convicted of a felony
or crime involving moral turpitude, or ceases
to be a qualified elector of the City, the
office shall become vacant and shall be so
declared by the City Council.
(d) Eligibility. All members of boards
and commissions shall be qualified electors in
the city of Chula vista with the exception of
Youth Commissioners who need only be residents
of the city of Chula vista. No person may be
appointed nor shall serve on more than one of
the Charter-created boards or commissions
simultaneously."
6. Increasing Competitive Bidding Thresholds
Ballot Label
Public Works Contracts: Shall Section 1009 be
amended to increase the minimum amounts which
trigger the application of existing, increasingly
stringent, bidding procedures required of the City
Manager and City Council to award Public Works
contracts; and to allow the city Council to waive
any defects in bids if, in a public hearing, the
Council finds such waiver is in the public
interest?
YES
NO
92cnrt~a5Wp Amendments to Charter--1992 Election--Working Edition
July 31, 1992 Page 10
/tJ~dr
Charter Language
II
Sec. 1009.
Contracts on Public Works.
In the construction, reconstruction, or
repair of public buildings, streets, drains,
sewers, parks, playgrounds and other public
works, the furnishing of supplies, materials,
equipment or contractual services for same
shall be done by written contract approved as
to form and legality by the City Attorney.
Every project involving an expenditure of
twenty five fiftv thousand dollars
($~50,000.00) or more for the construction,
reconstruction, improvement or repair of
public buildings, streets, drains, sewers,
utilities, parks and playgrounds and other
public works, and the furnishing of supplies,
materials, equipment or contractual services
for same shall be done by written contract
except as otherwise provided in this chapter,
and the Council, upon the recommendation of
the city Manager, shall let said contract to
the lowest responsible bidder after notice by
publication in the official newspaper for
sealed bids for the work contemplated by one N1
or more insertions, the first of which shall ~~LOU ~
be at least ten days before the time for (I vv-V
opening bids. If the cost of said public ~ ,.~If &.rD
works project is more than the sum of 't-eft frO fkO~ A.-rL...
twenty-five thousand dollars ($-l-B25, 000.00) ~1(J ,url\ffi I. c.
but less than tllcnty fivc fifty thousand l-- @..,tr17' ~~S'A i1S11/
dollars ($~50,000.00), the city Council may ~~ Sf t?
let said contract without advertising for bids ~ '16'\) I~
after the City Manager or his designated agent . \6 ,,~
has secured competitive prices from interested ~ JJ
contractors; which shall be considered by the , ~~~
Council before said contract is let. ... t~'
If the project involves the expenditure of
~ twentY-five thousand dollars
($-l-B25,000.00) or less, the city Manager may
cause such written contract to be let without
advertising for bids. However, except in
emergencies, the City Engineer or the
Purchasing Agent shall obtain informal bids.
The project shall be awarded to the lowest
responsible bidder whose bid is determined to
be, in all respects, most advantageous to the
92cnrb~aswp Amendments to Charter--1992 Election--Working Edition
July 31, 1992 Page 11
,./
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public interest. The City Engineer may
solicit such bids personally, by telephone or
by mail, and shall submit to the Purchasing
Agent and the City Manager a written account
of the procedures used and the bids thus
obtained. A copy of said informal bidding
procedure shall be filed in the Office of the
city Clerk as a public record.
The city Council may, however, declare and
determine that, in its opinion, based upon
estimates approved by and the recommendations
of the City Manager, said projects may be
excepted from the requirements of this section
because the work in question may be performed
better or more economically by the City with
its own employees, and by a resolution to this
effect, adopted by at least four affirmative
votes of the Council, order the performance of
any such construction, reconstruction,
improvement or repair by appropriate City
forces.
All bids of more than b;CRty five fiftv
thousand dollars ($~50,000.00) shall be
accompanied by either a certified or cashier's
check, or a bidder's bond executed by a
corporate surety authorized to engage in such
business in California, made payable to the
city. Such security shall be in an amount not
less than that specified in the notice
inviting bids or in the specifications
referred to therein, or if no amount be so
specified, then in an amount not less than ten
percent (10%) of the aggregate amount of the
bid. If the successful bidder neglects or
refuses to enter into the contract within the
time specified in the notice inviting bids or
specifications referred to therein, the amount
of his bidder's security shall be declared
forfeited to the city and shall be collected
and paid into its general fund and all bonds
so forfeited shall be prosecuted and the
amount thereof collected and paid into such
fund.
The City Council shall be competent to
award any contract by comparison of bids on
the basis of several factors including timely
completion. Such an award shall be secured by
92cDro~aswp Amendments to Charter--1992 Election--Working Edition
July 31, 1992 Page 12
/O~b
a surety bond as hereinabove provided with
adequate sureties and penalties, and provided,
further, that for any contract awarded solely
or partially on a specified time for
completion, the council shall not extend such
time limits unless such extension Be
recommended by the city Manager and the head
of the Department concerned.
The city council may reject any and all
bids presented and may readvertise in its
discretion. The city council mav waive anv
defects in anv bid to the extent it finds at a
public hearinq held for that purpose that it
is necessarv to do so for the benefit of the
public.
contracts may likewise be let without
advertising for bids if such work shall be
deemed by the City council to be of urgent
necessity for the preservation of life, health
or property, and shall be authorized by
resolution passed by at least four affirmative
votes of the council and containing a
declaration of the facts constituting such
urgency; provided, however, that nothing in
this section shall prevent the city Manager
from taking any and all means necessary to
make emergency repairs in the event of
immediate need arising from any calamity or
disaster."
SECTION 18. The Council reserves the
authority to make minor technical changes,
amendments and deletions in the actual
language of the Charter amendments herewith
set forth in sections 3 through 16 between the
date of adoption of this resolution and end of
the public examination period, upon a finding
that such change is necessary in order to have
the language achieve the plain meaning of the
purposes and intent of the ballot label and
upon receipt of 4j5ths vote at a public
hearing conducted at a televised and regularly
scheduled meeting of the city council.
'dJVb
c;tr'
~eS? ~ rlt.h~j. Il~
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W/J1 v J ft (y11 t'^bJ"l
5hlJU/ r~ft,(
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ftJ'"btJ; ~ vI
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~~ 1A-P
92cDro~aswp Amendments to Charter--1992 Election--Working Edition
July 31, 1992 Page 13
/P-c27
.
Mayor Nader I s
Resolution to
documents:
Proposal for Amendment to the Charter Amendments
permit him to designate a signatory for city
Ballot Label
Mayor's Salary: Shall section 304 of the Charter
be amended to make a technical, non-substantive
change to clarify the annual cost of living
adjustment to the mayor's salary without changing
the method by which said cost of living adjustment
is calculated, and to allow the Mavor to desianate
a sianatorv for citv documents?
YES
NO
Charter Language
Sec. 304. presidina Officer. Mavor.
(a) Mayor. There shall be elected at the general municipal
election a Mayor who shall hold office for a term of four years and
until a successor is elected and qualified.
(b) Duties. The Mayor shall be a member of the city Council
and shall perform all the functions and have all of the powers and
rights of a duly elected Councilmember. In addition to said powers
and duties, the Mayor shall have the power and duty:
(1) to report to the city Council annually and from time to
time on the affairs of the City and to recommend for its
consideration such matters as deemed expedient, and
(2) to be the official head of the City for all political and
ceremonial purposes and to be recognized by the courts
for the purpose of serving civil process, fe~ ~fic ai~RiR~
of all le~al iRs~~ameRts aRa aeeamCRta and by the
Governor for emergency purposes, and
(3) in the time of public danger or emergency, the Mayor,
with the consent of the Council, and for such period as
the Council may fix, to take command of the police,
maintain order and enforce the law, and
(4) to assume the primary, but not the exclusive
responsibility, for interpreting to the people the
policies, programs and needs of the City government and
for informing the people of any major change in policy or
program. The Mayor may represent the City in any and all
matters involving other governmental agencies, provided
that no act, promise, commitment or agreement entered
into or committed by the Mayor shall be binding upon the
"
.j{) -1:1
City of Chula vista unless duly authorized or ratified by
the City council, and
(5) to represent the city in all regional public agencies
which require an elected city official, unless otherwise
determined by the City Council, and
(6) to supervise the operation of the Mayor/Council office
and personnel assigned thereto, and
ill except as provided in section 311.1/. to siqn all leqal
instruments and documents. or to desiqnate a siqnatorv
for all leqal instruments and documents on behalf of the
citv. and
(~~) to perform such other duties consistent with the office
as may be prescribed by this Charter or delegated to the
Mayor or imposed on the Mayor by the city Council if not
inconsistent with the provisions of this Charter, and
(&~) to exercise the full-time function as Mayor of the City
during the usual business hours that the offices of the
City are open, and such other hours and times as shall be
necessary to discharge in full the duties imposed upon
the Mayor.
(c) compensation. The Mayor shall receive an annual salary
of thirty-seven thousand two hundred dollars ($37,200.00) per year
and shall receive reimbursement on order of the Council for
Council-authorized travel and other expenses when on official duty
out of the City, and in addition, shall receive the sum of fifty
dollars ($50.00) per month, which amount shall be deemed to be
reimbursement of other out-of-pocket expenditures. The city
Council may also provide, by resolution, for the payment to the
Mayor of an allowance of a sum certain per month, as reimbursement
for the additional demands and expenses made upon and incurred by
the Mayor.
The salary provided herein may be annually increased beyond
said amount by a resolution of the city council in an amount not to
exceed the proportionate qrowth in the All Urban Consumers/All
Items Component of the San Diego Metropolitan Area B (Broader Base)
Consumer Price Index since the date of the last adiustment, or be-
yond said increased amount, by a vote of the people.
(d) Mayor Pro Tempore. The city council shall designate one
of its members as Mayor Pro Tempore, who shall serve in such
capacity at the pleasure of the City Council. The Mayor Pro
1. section 311 provides in pertinent part:
"All ordinances and resolutions shall be signed by the Mayor
and attested by the city Clerk."
it
I V-Je;
,
Tempore shall perform the duties of the Mayor during the Mayor's
absence or disability."
..
l",\
''-''
----J _-\
- Y--1
Mayor Nader's
Resolution to
documents:
Proposal for Amendment to the Charter Amendments
permit him to designate a signatory for City
Ballot Label
Mayor's Salary: Shall section 304 of the Charter
be amended to make a technical, non-substantive
change to clarify the annual cost of living
adjustment to the mayor's salary without changing
the method by which said cost of living adjustment
is calculated, and to allow the Mavor to desianate
a sianatorv for citv documents?
YES
NO
Charter Language
Sec. 304. presidina Officer. Mavor.
(a) Mayor. There shall be elected at the general municipal
election a Mayor who shall hold office for a term of four years and
until a successor is elected and qualified.
(b) Duties. The Mayor shall be a member of the city Council
and shall perform all the functions and have all of the powers and
rights of a duly elected Councilmember. In addition to said powers
and duties, the Mayor shall have the power and duty:
(1) to report to the City Council annually and from time to
time on the affairs of the City and to recommend for its
consideration such matters as deemed expedient, and
(2) to be the official head of the city for all political and
ceremonial purposes and to be recognized by the courts
for the purpose of serving civil process, for the aiqninq
of all leqal instruments and documenta and by the
Governor for emergency purposes, and
(3) in the time of public danger or emergency, the Mayor,
with the consent of the Council, and for such period as
the Council may fix, to take command of the police,
maintain order and enforce the law, and
(4) to assume the primary, but not the exclusive
responsibility, for interpreting to the people the
policies, programs and needs of the City government and
for informing the people of any major change in policy or
program. The Mayor may represent the city in any and all
matters involving other governmental agencies, provided
that no act, promise, commitment or agreement entered
into or committed by the Mayor shall be binding upon the
;t ~ } J
City of Chula vista unless duly authorized or ratified by
the City Council, and
(5) to represent the city in all regional public agencies
which require an elected City official, unless otherwise
determined by the City Council, and
(6) to supervise the operation of the Mayor/council office
and personnel assigned thereto, and
ll.l except as provided in section 3111/. to siqn all leqal
instruments and documents. or to desiqnate a siqnatorv
for all leqal instruments and documents on behalf of the
city. and
(~~) to perform such other duties consistent with the office
as may be prescribed by this Charter or delegated to the
Mayor or imposed on the Mayor by the City Council if not
inconsistent with the provisions of this Charter, and
(&~) to exercise the full-time function as Mayor of the City
during the usual business hours that the offices of the
City are open, and such other hours and times as shall be
necessary to discharge in full the duties imposed upon
the Mayor.
(c) compensation. The Mayor shall receive an annual salary
of thirty-seven thousand two hundred dollars ($37,200.00) per year
and shall receive reimbursement on order of the Council for
Council-authorized travel and other expenses when on official duty
out of the City, and in addition, shall receive the sum of fifty
dollars ($50.00) per month, which amount shall be deemed to be
reimbursement of other out-of-pocket expenditures. The city
Council may also provide, by resolution, for the payment to the
Mayor of an allowance of a sum certain per month, as reimbursement
for the additional demands and expenses made upon and incurred by
the Mayor.
The salary provided herein may be annually increased beyond
said amount by a resolution of the city Council in an amount not to
exceed the proportionate qrowth in the All Urban Consumers/All
Items Component of the San Diego Metropolitan Area Y (Broader Base)
Consumer Price Index since the date of the last adiustment, or be-
yond said increased amount, by a vote of the people.
(d) Mayor Pro Tempore. The City Council shall designate one
of its members as Mayor Pro Tempore, who shall serve in such
capacity at the pleasure of the City Council. The Mayor Pro
1. section 311 provides in pertinent part:
"All ordinances and resolutions shall be signed by the Mayor
and attested by the City Clerk."
)0/]2
Tempore shall perform the duties of the Mayor during the Mayor's
absence or disability."
)v/3)
THE Clll' OF CHUU VISTA PARll' DISCLOSURE STATEMENT
SWlement 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:
I. List the names of all persons having a financial interest in the contract, i.e., contractor,
subcontractor, material supplier.
(Y\C.l2. E"Le=t:"..,. ~_ c:e~~ \I..K... .
,
2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals uWlling more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
~... R.L.o~ tZ~, C"C'7 . 9l2.e'!>voe~T
M~"nro.J G-. ~A.i"\,,,,..e'L.'\J\c.e ~tPeJt
3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
I'V A-
"
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, C;ommissions, Committees and Council within the past twelve months? Yes_
No ~lf 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.
NOME"
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 V If yes, state which
Councilmember(s):
Per,on is defined as: "Any indil'idllal, firm, co.pnrtnership, joim l'en/lIre, nssncilllioll, social ell/b, [/'lItemnl orgnllizn/ion, cor pOrt/lion,
tSlni~. troST, rectil'cr, S)'1JdicnfC, Ihis mJtl nil)' o,ha COLl1J1)~ ci~l' (md count1)', dly. muni"IJmlil)', dislriCl or other poliliclIl subdil'ision,
or nil,\' olher grOllp or comb;lIn/ioll a"ling as a 1111;1."
(NOTE: Anach additional pages as necessary)
Date: ~\)\,)E,;)AI \"792-
Signature of ontrac!or/applicant
1^.113,.\J)!SCl.OSE.TXT]
tI\~\ tJ G.. t?A+'I-\ tze"L . ~t:w ~u:gJ1
Pri,,' Ipe Bame of contractor/applicant
(llL'Vj""J: J Jl3OfJOI
13-i
CITY COUNCIL AGENDA STATEMENT
Item / I
Meeting Date 08/04/92
ITEM TITLE:
Resolution /~ 73(, Authorizing a reduction in Public Facilities
Development Impact Fees for the second expansion of the Chula Vista
Center by The Homart Development Company
SUBMITTED BY: Community Development Director [,7 I
,
REVIEWED BY: City Manager..j6 ~6~1
BACKGROUND:
(4/5ths Vote: Yes
No X)
The Agency recently approved a Development Agreement with the Homart Development
Company (Homart) for the second expansion of the Chula Vista Center. This project includes
the construction of a two-story Sav-On/Cinema building in the first phase, and construction of
a Mervyn's Department Store and parking structure in the second (final) phase. At this time,
Homart is ready to pull permits for Phase 1. Fees attached to the permit include a Public
Facilities Development Impact Fee (DIF) totalling $75,852 (see Exhibit 1, Development Impact
Fee - Commercial). Homart is requesting waiver of this fee.
RECOMMENDATION: That the City Council reduce the Public Facilities DIF by 25 percent
to $57,561.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The proposed second expansion of the Chula Vista Center is estimated to cost $22.5 million.
The Agency has agreed to provide $2.6 million towards construction of the parking garage.
Recently, in applying for a building permit, Homart was assessed for the Public Facilities DIF
(which had been in existence for about one year). This fee, which is considerable, was not
accounted for in their original pro formas and will have an impact upon their project. Homart
has requested a waiver of this fee based upon the following:
. During the negotiation period (prior to submittal of plans) Homart staff were
advised that there would not be any substantial impact fees in addition to the
widening of East H Street which might impact their project. Thus, their pro
formas did not account for the $76,000 expense.
. The Public Facilities DIF is substantial, exceeding Sewer Hookup and Traffic
Signal fees for this project and provides no direct benefits as do the other fees.
. The current Public Facilities DIF for commercial projects is $12,042 per gross
Jf-)
Page 2, Item I}
Meeting Date 08/04/92
acre of new development. Since the Homart project is an addition to an existing
development, the "gross acreage" fee is not easily applied. As an alternative, a
"job generation" approach was used by staff to estimate the fee ($75,852).
Exhibit 2 shows the detailed calculation. The employment alternative, however,
penalized Homart since Mervyn's Department Store will add a substantial number
of employees to the Center. The irony is that Homart is penalized for increasing
employment opportunities, which the City is encouraging.
. The project cost has increased by approximately $1.5 million in order to comply
with Planning and Design Review requirements.
If the $12,042 per gross acre fee is assessed to this project based upon the ratio of new
development to total development (see Exhibit 3), the fee would be $57,561. Staff recommends
that this lower figure be used in consideration of the benefits of the project to the City in terms
of the provision of goods and services, added employment opportunities, and substantial tax
increment and sales tax revenues.
Furthermore, since there is no record of employment figures being used to assess any other
public facilities DIF, use of the fee per acre formula would be equitable in comparison to other
projects that have been assessed. Homart has requested the opportunity to address the Council
concerning waiver of the total fee.
FISCAL IMPACT: The Public Facilities DIF for the Homart project is computed at $75,852.
A breakdown of how these funds are distributed to various municipal projects is attached as
Exhibit A. The reduction recommended by staff would reduce the total fee to $57,561.
[C,IWP51ICOUNCILIl 13SIHOMART-5.1 13]
J J., cJ..
I DDS\DIF-I, FRMI R~vised OJ/20/Y 1
Exhibit 1
No.
/,9
DEVELOPI\IENT IMPACT FEE.. COMMERCIAL
ENGINEERING Ct, ",Ie, VI_S fLL H"I/ FINANCE
(Property DescriptionLC~ f29//1:; /"'VI Receipt #
5AV()}.j I t:/IVE t1A) J'1ft<V'r'N
~j'S Brooclw CHi- Date Total Am!. .--
I!PN 571--010' 34
(f
AMOUNT ACCOUNT NO.
I. TRANSPORTATION: (East of 1-805) /
Acr~ X 122.400 = 621-3753
2. PUBLIC FACILITIES DIF ADMINISTRATION
~.800 Acres X 599.20 = 3771 " 801-3900
3. CIVIC CE1'.'TER EXPANSION & PARKING
" Acres X 2,951.20 = 802-3900
/ & ';'lP. .S?
4. POLICE FACILITY REMODELING
" Acres X 2,04400 = 803-3900
17./877.20
5. NEW CORPORATION YARD
" Acr~s X 2,671.20 ~ 804- 3900
It.. B 28. Sf.
6. NEW LIBRARIES
,. Acres X 2.447.20 = 805-3900
Is;, 417,3(.
7. FIRE SUPPRESSION SYSTEM EXPANSION
" Acrt:s X 627.20 = .s 95/, 3t 806-3900
I
8. GEOGRAPHIC INFORMATION SYSTEM
., Acres X 252.00 = ~587 toO 807-3900
9. MAINFRAME COMPUTER EXPANSION
I. Acres X 252.00 = (S-87 'D 808-3900
10. TELEPHONE SWITCH EXPANSION
/' Acres X 140.00 - ~82.~ 809-3900
11. RECORDS MANAGEMENT
II A<.:res X 56.00 = )5).80 810-3900
GRAND TOTAL f, 758.5" }.oo
Engineering APprovalQ Finance Approval:
ilq/J 4h J, 7
'/ / t-t11\q(
. -
.
, 0 , ~Ci "-7< ^"",,,,,J (vA5 <: ,(.. 01<14-1<:" -+ "('b ",. v v f'T .,,- ~
!Jot+-.. fr't5UtJ
Distribulion: White - tnineering Canary
3 {}. Z. 8' F- PU5 ('Ju- nl<',' 0 '
I/-'3
1 ('- or::.~
(
}'ink - Building Go14' Applicant
1(1/(11.. IJ (CILF- vX-,Xy/)
Exhibit 2
CHULA VISTA CENTER MALL SECOND EXPANSION
PUBLIC FACILITIES DIF CALCULATION
[1] Net Building Area (new proposed - demolition) = 74,136 square feet
[2] Average Employment Generation(a) =
1.27 employees per 1000 square feet of building area
[3] Project Employment Generation =
74,136 x 1.27 = 94.2 employees
1000
[4] Equivalent Dwelling Unit (EDU) Calculation
1 EDU = 2.67 persons
Project EDU = 94.2 = 35.28 EDUs
2.67
[5] Fee Calculation ($2,150 per EDU)
Fee = 35.28 EDUs x $2,150/EDU = $75,852
[C:IWP51 ICOUNClLI113SIHOMART-5 .ATIl
//~1
[1]
[2]
[3]
[4]
Exhibit 3
PUBLIC FACILITIES DIF CALCULATED
ON THE BASIS OF PROPORTIONATE SQUARE FOOTAGE
DIF fee per gross acre
Square footage of new development
Square footage of total development
Total acreage of Chula Vista Center
[5] Total acreage attributed to new development:
74,136 -;- 859,167 x 55.43 = 4.78
[6] Proportionate DIF for new development
4.78 x $12,042.00 = $57,561.00
[C,IWP51 ICOUNC1L1113SIHOMART-5 .ATIl
/J~!5 /11-1-
$12,042.00
74,136
859,167
55.43
RESOLUTION )~736
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING A REDUCTION IN PUBLIC FACILITIES DEVELOPMENT
IMPACT FEES FOR THE SECOND EXPANSION OF THE CHULA VISTA
CENTER BY THE HOMART DEVELOPMENT COMPANY
WHEREAS, The Homart Development Company ("Developer") has proposed to
expand the Chula Vista Center by the addition of a ten-plex movie theater, Mervyn's Department
Store, and parking deck; and
WHEREAS, this project has been reviewed and approved by the Redevelopment
Agency of the City of Chula Vista on February 20, 1992 including public financial participation
totalling $2.6 million; and
WHEREAS, in order to develop the proposed project, the Developer must pay
a Public Facilities Development Impact Fee totalling $75,852 computed on the basis of additional
employment generated by the proposed project when completed; and
WHEREAS, the City Council has considered a request by The Homart
Development Company to reduce or waive said Public Facilities Development Impact Fee on
the basis that the proposed project will provide exceptional benefits to the City of Chula Vista
including a greater selection of goods and services, increased employment opportunities, and
increased tax revenues; and
WHEREAS, the City Council has determined that it is desirable to reduce the
Public Facilities Development Impact Fee to $57,561 in order to more equitably assess the
proposed project.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
resolve and authorize that the Public Facilities Development Impact Fee assessed to The Homart
Development Company for the second expansion of the Chula Vista Center is hereby reduced
to $57,561.
Presented by:
Bruce M. Boogaard
City Attorney
Chri[1;, ~-
Community Development Director
[C,\WPSl \COUNClLIRESOSIHOMART-S .RES]
/)-7
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item /02..
Meeting Date 08/04/92
Resolution I~ 7~plroving Advance Assistance and Residential Moving
Expense Payment for the Relocation of Tenants Residing on City Property
at 365 Orange Avenue and Appropriating Funds in the Amount of $2,750
therefor.
SUBMITTED BY:
Community Development Director
uS.
REVIEWED BY:
City ManageZ.kj b!f'~
(4/5ths Vote: Yes X No_)
BACKGROUND:
The City's relocation consultant, Pacific Relocation Consultants, has reviewed and recommends
approving the Advance Assistance and Residential Moving Expense claim of one (1) tenant
residing on property owned by the City. The tenant is requesting the Advance Assistance
payment in order to have the funds for securing a new replacement dwelling. The purpose of
relocating the tenant is to provide for development of a library at the corner of Orange and
Hermosa.
RECOMMENDATION: Adopt the Resolution authorizing the approval of the Advance
Assistance and Residential Moving Expense claim of one (1) tenant residing on City property
in the amount of $2,750.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
established the requirements of cities or other displacement agencies (not Redevelopment
Agencies) for the relocation of residential tenants and homeowners located within the jurisdiction
of the displacement agency. In this case, the City is responsible for relocating one (1) tenant
residing at 365 Orange A venue for the purpose of developing a library. The status of the claim
is as follows:
Jeff and Lisa Oien
365 Orange Avenue
Advance Rental Assistance:
Fixed Moving Payment:
Total:
$1,500
$1.250
$2,750
j.;J.- /
Page 2, Item /,;z
Meeting Date 08/04/92
Since Mr. and Mrs. Oien are tenants on property acquired by the City with Community
Development Block Grant (CDBG) funds, the rules for providing relocation assistance differ
slightly from the State regulations which govern Agency relocations. The Oiens' will still
qualify for reimbursement of all actual reasonable moving expenses plus a rent differential
payment for a period of sixty (60) months, rather than the State mandated forty-eight (48)
months. Due to their existing rent being very low ($600.00 per month for a three-bedroom
house) and because they will qualify for the extended rent differential payment, it is likely that
they will qualify for additional assistance in the amount of $15,000 to $20,000. Future Council
action will be required if a Final Rental Assistance and Last Resort Housing payment is
required.
The rental differential payment is calculated by determining the difference between their prior
rent and their new rent multiplied by sixty (60). Relocated tenants are restricted in their choice
of replacement dwelling units to those that are comparable to their old dwelling units with the
City having the authority to approve or disapprove new replacement dwelling units if the new
rent is not reported at the fair market rent or is not a comparable replacement unit.
FISCAL IMPACT:
Approval of the resolution will result in an advance payment being made of $2,750.00. The
funds are available in the City's Capital Improvement Project UPR 143, Orange and Hermosa
Park. In addition, once the replacement dwelling unit has been identified by the tenant,
additional rent differential assistance will be required.
);).-,.2
Ifjl,"'....'
"""'fA
..... .-
PACIFIC
RELOCATION
CONSULTANTS
.OUTHERN CALIFORNIA
100
WEST BROADWAY
SUITE 300
lONG BEACH
CALIFORNIA 90802
(310) 590-8564
FAX (310) 495-0889
lORTHERN CALIFORNIA
333
HEGENBERGER ROAD
SUITE 612
OAKLAND
CALIFORNIA 94621
(510) 638-3081
FAX (510) 638-0750
MEMORANDUM
<:r.'\:) ,'-. I,; ),~, ;; ..,~>-
~(-. J.. /q .,\
~~ .or ~;,\
C; 'c.\'
^., JU" 1 .\
I~: Ii 992 ':: \
....
;;; Received . . ,I
od: Community Development
t", Department ,'..:" /
c::" /;. /
.: <...'. /
'1':'\ ~(',?'
~c o~' ( ~ n/' r(:./
~.~
DATE:
TO:
FROM:
June 9, 1992
Lance Abbott, Community Development Specialist
l""'Mary K. O'Toole, Pacific Relocation Consultants
SUBJECf:
Advances For Tenants of The Church and Center Parking Lot I
4th and Orange Library Site Projects
Relocation activity on the above mentioned projects has progressed to the active
search for replacement sites.
The tenants have indicated the necessity of advance payments in order to secure
replacement dwellings.
The advance checks will be issued to each tenant upon location of a replacement site.
Approval is recommended and payment requested as follows:
Juan Miranda
334 Church Avenue
Advance Rental Assistance:
Fixed Moving Payment:
Total:
$1,500.00
$850.00
$2,350.00
Jack A and Lesla C. Losey
338 Church Avenue
Advance Rental Assistance:
Fixed Moving Payment:
Total:
$1,500.00
$1,450.00
$2,950.00
Jose L. and Cynthia M. Sanchez
342 1/2 Church Avenue
Advance Rental Assistance:
Fixed Moving Payment:
Total:
$1,500.00
$1,250.00
$2, 750.00
Jeff and usa Oien
365 Orange Avenue
Advance Rental Assistance:
Fixed Moving Payment:
Total:
$1,500.00
$1,250.00
$2,750.00
Thank you for your assistance in this matter.
1.;l'3
PACIFIC RELOCATION CONSULTANTS. LETTER OF TRANSMITTAL
Date: June 10, 1992
TO: Lance Abbott
Co=unity Development Specialist
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 92010
FROM: Mary K. O'Toole
Pacific Relocation Consultants
100 West Broadway, Suite 300
Long Beach, California 90802
Office: (310) 590-8564
Fax: (310) 495-0889
THIS CORRESPONDENCE REFERS TO:
Name: Jeff and Lisa Oien
Address: 365 OraJ\l!e A venue
Chula Vista, CA
File # or Project: 4th and Or,m"e Librarv Site
ATTACHED ARE DOCUMENTS TO SUPPORT THE FOLLOWING PAYMENT REQUEST(S):
Downpayment Assistance
Replacement Housing Assistance
Fixtures and Equipment
x Residential Moving Expense
Business Moving Expense
Business In-lieu
x Advance Assistance
Rental Assistance
Last Resort Housing
Other:
COMMENTS:
THIS CHECK SHOULD BE MADE PAYABLE TO:
IN THE AMOUNT OF:
Jeff and Lisa Oien
$2,750.00
Your prompt attention in this matter is appreciated.
Sincerely,
.~~ k. o'f/'~
Mary K. O'Toole
Pacific Relocation Consultants
gm
J.). -1
RESOLUTION
1~73?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING ADVANCE ASSISTANCE AND RESIDENTIAL MOVING
EXPENSE PAYMENTS FOR RELOCATION OF TENANTS RESIDING ON
CITY PROPERTY AT 365 ORANGE AVENUE AND APPROPRIATING
FUNDS IN THE AMOUNT OF $2,750.00 THEREFOR.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
resolve as follows:
WHEREAS, Pacific Relocation Consultants has reviewed and recommends
approval of Advance Assistance and Residential Moving Expense Payments for tenants residing
on City property at 365 Orange Avenue in the amount of $2,750.00, and;
WHEREAS, the City, through its' Community Development Block Grant
(CDBG) funds has provided funds for the City's Capital Improvement Project #PR 143, Orange
and Hermosa Park, for the purpose of, among other things, relocating tenants and;
WHEREAS, the relocation of the tenants pursuant to the Uniform Relocation
Assistance and Real Property acquisition Policies Act of 1970 is necessary in order to implement
the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby authorize the payment of the Advance Assistance and Residential
Moving Expense Payment to Jeff and Lisa Oien in the amount of $2,750.00.
Chris Salomone
Community Develop
Bruce M. Boogaard
City Attorney
Presented by:
/t2-'~
COUNCIL AGENDA STATEMENT
Item
13
ITEM TITLE:
Meeting Date 8/4/92
Resol uti on /(,73i Accepti ng bids and awarding a contract
to MCR Electrical Contractors, Inc. in the amount of $86,775
for signal installation/modifications at Anita St./lndustrial
Blvd. and Industrial Blvd./Palomar Street and appropriating
$24,000 for the Industrial Blvd./Palomar St. Signal
Modification
Director of Public ~~rk~~
City Manager.j("'~'(f~j)1 (4j5ths Vote: YeslNo_>
SUBMITTED BY:
REVIEWED BY:
At 2:00 p.m. on June 24, 1992 in Conference Room 3 of the Publ ic Services
Building, the Director of Publ ic Works received sealed bids for one project
involving signal work at two locations. The two locations involved are Anita
St./lndustrial Blvd. (signal installation) and Industrial Blvd./Palomar Street
(signal modification).
A low bid of $86,775 was received from MCR Electrical
low bid is below the Engineer's estimate of $111,360.
low bid and recommends awarding said contract to MCR
Inc. in the amount of $86,775.
RECOMMENDATION: That the City Council:
1. Accept the bids and award the contract to MCR El ectri ca 1 Contractors,
Inc. in the amount of $86,775.
Contractors, Inc. This
Staff has reviewed the
Electrical Contractors,
2. Appropriate $24,000 for modification of the existing traffic signal at
Industrial Blvd./Palomar St.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSS ION:
I. Traffic Signal at Anita Street and Industrial Blvd. (TF211)
Funding for the installation of a traffic signal at the intersection of Anita
Street and Industrial Blvd. is identified in the 1991-92 Capital Improvement
Program. The work to be done includes installation of traffic signal
standards, contro 11 er and loop detectors, sandbl ast and restri pe all
approaches to provide left turn pockets, relocate a street light, replace
approximately 1270 square feet of asphalt concrete on the westbound approach
to the intersect ion, and replace the ra i 1 road cross i ng arms wi th the correct
length arms for the new striping.
1'3"'1
Page 2, Item ) J
Meeting Date 8/4/92
II. Traffic Signal Modification at Industrial 81vd. & Palomar Street (TF150)
Funding for the modification of the existing signal at the intersection of
Industrial 81vd. and Palomar Street (TF150) is identified in SANDAG's Transit
Development Act (TDA) regional program. The signal modification, in
conjunction with the new signal at Anita St. and Industrial Blvd., is
necessary in order to allow a new bus route (Route 701) to operate on
Industrial Blvd. between Palomar St. and Anita St. Modification of the
existing signal involves removal of an existing signal standard, installation
of three new signal standards (one with a mast arm), installation of loop
detectors, pedestrian indications and pushbuttons, replacement of four
substandard vehi cl e i ndi cat ions, and rewi ri ng the intersect i on. Thi s
modi fi cat i on will provi de a protected 1 eft turn movement for buses whi ch is
necessary in order to establish this route.
III. Cost Estimates and Bids
Bids for the Anita St./lndustrial Blvd. signal installation and the Industrial
Blvd./Palomar St. signal modification were received on June 24, 1992 from five
contractors as follows:
Total
Bid Anita & Industri a 1
Contractor Amount Industrial & Palomar
l. MCR Electrical $ 86,775 $70,164 $16,611
Contractors, Inc.
2. Select Electric 89,357.50 71,387.50 17,970
3. Lekos El ectri c 93,532 71,822 21,710
4. Knox Electric 95,882 73,417 22,465
5. Trasig Corp. 101,880 77 , 525 24,355
The Engineer's estimated cost for the project is $111,360. The low bid from
MCR Electrical Contractors, Inc. is 22% below the Engineer's estimate.
The low bid from MCR Electrical Contractors, Inc. for the Industrial
Blvd./Palomar Street signal modification is $16,611. The total cost for this
portion of the project including design and administrative costs is estimated
to be $37,000. The Council has previously appropriated $13,000 in TDA Program
funds for this project (TFI50). SANDAG has authorized an additional $24,000
in TDA funds to meet the project's total projected cost of $37,000. Staff is
request i ng that Council appropri ate the addi t i ona 1 $24,000 to construct the
Industrial Blvd./Palomar signal modification portion of this project.
J3~J..
Page 3, Item 13
Meeting Date 8/4/92
FINANCIAL STATEMENT:
Anita St./Industrial Blvd. Signal Installation (TF211):
Funds ReQuired for Construction
I. Contract Amount
2. Contingency (10%)
3. MTDB costs
4. Staff/Administration
$70,164
7,036
800
13.000
$91,000
Funds Available for Construction
I. 600-6005-TF211
$91,000
Industrial Blvd./Palomar St. Signal Modification (TFI50):
Funds Reauired for Construction
I. Contract Amount
2. Contingency (20%)
3. MTDB costs
4. Staff/Administration
5. Design
$16,611
3,589
300
5,000
11 . 500
$37,000
Funds Available for Construction
I. 404-4040-TFI50
2. Appropriation
$13,000
24.000
$37,000
FISCAL IMPACT:
An appropriation
404-4040-TFI50)
modification is
Routine City
of $24,000 in
to finance
necessary.
ma i ntenance and energy costs $6,500 annua 11y.
SCOOT capital funds (from Fund 402-4020-5565 to
the Industrial Blvd./Palomar St. signal
SM:BR046/BR047
WPC 6102E
/3-3 /Ia...'f
RESOLUTION NO.
/ ~7:J't'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A
CONTRACT TO MCR ELECTRICAL CONTRACTORS, INC. IN
THE AMOUNT OF $86,775 FOR SIGNAL INSTALLATION/
MODIFICATIONS AT ANITA STREET/ INDUSTRIAL
BLVD. AND INDUSTRIAL BLVD./PALOMAR STREET AND
APPROPRIATING $24,000 FOR THE INDUSTRIAL
BLVD/PALOMAR STREET SIGNAL MODIFICATION
WHEREAS, at 2:00 p.m. on June 24, 1992, in Conference
Room 3 in the Public Services Building, the Director of Public
Works received the following five sealed bids for signal
installation/modifications at Anita Street/Industrial Boulevard and
Industrial Boulevard/Palomar Street:
MCR Electrical contractors, Inc.
Select Electric
Lekos Electric
Knox Electric
Trasig Corp.
$84,742.00
89,357.50
93,532.00
95,882.00
101,880.00
WHEREAS, the low bid by MCR Electrical Contractors, Inc.
for both locations is $84,742.00 and it is staff's recommendation
that the contract be awarded to MCR Electrical Contractors, Inc.,
who has assured the city that they are a licensed contractor in the
State of California and can produce an acceptable performance bond.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista has reviewed the specifications for the
construction of said signal installation/modifications and does
hereby approve same.
BE IT FURTHER RESOLVED that the City Council of the city
of Chula vista does hereby accept said five bids and award the
contract for said signal installation/modifications to MCR
Electrical Contractors, Inc. in the amount of $84,742.00.
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.
C:\n:\MCR signal
$24,000.00 is
capital funds
Industrial
BE IT FURTHER RESOLVED that the sum of
hereby appropriated from the unappropriated SCOOT
from Fund 402-4020-5565 to 404-4040-TF150 finance
:::::::::':;'0mar 'treet .igna1 modifin i n~~o
John P. Lippitt, Director of
Public Works
13"5"
COUNCIL AGENOA STATEMENT
Item J'f
ITEM TITLE:
Meeting Date 8/4/92
Resolution /IP73'/ Approving Uniform Fare Structure
Agreement between and among SCOOT, MTDB, SANDAG, and other
area transit operators
Director of Public Works ~
City Manager.....JG p."\-~"J (4/5ths Vote: Yes_No-1L)
U --1
SUBMITTED BY:
REVIEWED BY:
The Uniform Fare Structure Agreement incorporates three major cooperative
functions among area transit operators under MTDB jurisdiction: a base fare
structure; transfer procedures; and regional tickets and passes, including
distribution of revenue among operators. This agreement is being modified
effect i ve July 1, 1992 primari 1 y because of changes in the regi ona 1 fare
structure to comply with the Americans with Disabil ities Act (ADA). This
agreement was approved by the MTD Board on May 28, 1992 and by the SCOOT Board
on July 13, 1992. Participation in this agreement is a requirement for
receipt of Transportation Development Act (TDA) funds.
RECOMMENDATION: That Council adopt resolution approving the Uniform Fare
Structure Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSS ION:
This agreement stipulates coordination activities for fixed route transit
operators under MTDB's jurisdiction relating to acceptance of transfers among
operators, establishment and maintenance of a uniform fare structure, and
acceptance and admi ni strat i on of revenue di stri but i on from regi ona 1 tickets
and pass sales. The agreement also defines responsibilities for each of these
coordination activities pertaining to operators, SANDAG, and MTDB. The
following fixed route operators participate in this agreement: County of San
Diego Transit System (CTS); MTDB contract operators; National City Transit
(NCT); North County Transit District (NCTD); San Diego Transit (SOT); San
Diego Trolley; and SCOOT.
The main change to the Uniform Fare Structure Agreement for FY 1992-93
pertains to the inclusion of ADA Complementary Paratransit Service fares in
the agreement. In compliance with ADA requirements, one-way fares for ADA
complementary paratransit services are set at double the fares of comparable
fixed-route services. Attachment C to the agreement specifies the ADA local
zone fares and Attachment 0 the ADA regi ona 1 fares. Cash fares for the ADA
complementary paratransit services will go into effect on October 1, 1992. In
Chula Vista, HandYtrans will be the ADA paratransit service provider, and the
fare will be $2.00 per trip. The proposed ADA fare structure for FY 1992-93
was considered and accepted by the Chula Vista City Council at its meeting on
April 21, 1992.
/1)
Page 2, Item /if'
Meeting Date 8/4/92
Participation in this agreement enhances coordination among various operators
in the region and results in better service to the publ ic. This agreement
will be in effect until amended by MTDB, SANDAG, and each of the operators.
FISCAL IMPACT: CVT' s est imated share of regi ona 1 pass sales revenue in FY
1991-92 (fiscal year ending June 30, 1992) is $413,000 or approximately 40% of
CVT's total farebox revenue for the fi sca 1 year. Si nce there is no fare
increase proposed for CVT in FY 1992-93, the percent of pass sales revenue to
tota 1 fare revenue shoul d remai n at approximately 40%. It is est i mated that
the fare increase on HandY trans from $1.25 to $2.00 will result in estimated
total fare revenue in FY 1992-93 of $45,000, an increase of about 12%.
WMG:DS-019/DS-032
WPC 1573T
Ilj~~
RESOLUTION NO.
/~73C;
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING UNIFORM FARE STRUCTURE
AGREEMENT BETWEEN AND AMONG SCOOT, MTDB,
SANDAG, AND OTHER AREA TRANSIT OPERATORS
WHEREAS, the Uniform Fare Structure Agreement
incorporates three major cooperative functions among area transit
operators under MTDB jurisdiction: a base fare structure; transfer
procedures; and regional tickets and passes, including distribution
of revenue among operators; and
WHEREAS, this agreement is being modified effective July
1, 1992 primarily because of changes in the regional fare structure
to comply with the Americans with Disabilities Act (ADA); and
WHEREAS, this agreement was approved by the MTD Board on
May 28, 1992 and participation in this agreement is a requirement
for receipt of Transportation Development (TDA) funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the Uniform Fare
Structure Agreement between and among SCOOT, MTDB, SANDAG and other
area transit operators, a copy of which is on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vis
John P. Lippitt, Director
of Public Works
Presented by
c: \rs\unifonn fare
)L/~3 /11/-1/
,
UNIFORM FARE STRUCTURE
AGREEMENT
MTDB Doc. No. TOI32.0-92
T 532.92
SECTION 1: PURPOSE AND RESPONSIBILITY
1.1 Intent
This agreement is entered into, between and among the transit operators
listed in Sections 1.1.1 and 1.1.2, the Senior/Disabled Dial-A-Ride
operators for Americans with Disabilities Act (ADA) Complementary
Paratransit Services listed in Section 1.1.3, the Metropolitan Transit
Development Board (MTDB) and the San Diego Association of Governments
(SANDAG) for the purpose of formalizing the Metropolitan Transit System
(MTS) Uniform Fare Structure. The Uniform Fare Structure is intended to
enhance public convenience and help the public understand that the
operators listed in Sections 1.1.1, 1.1.2 and 1.1.3 function as a single
unit.
1.1.1 Fixed-Route Ooerators
San Diego County Transit System (SDCTS)
MTDB Contract Operators
National City Transit (NCT)
North County Transit District (NCTD)
San Diego Transit Corporation (SDTC)
San Diego Trolley, Incorporated (SDTI)
South Coast Organization Operating Transit (SCOOT)
- Chula Vista Transit
1.1.2 General Public Dial-A-Ride Ooerators
El Cajon Express
La Mesa Dial-A-Ride
Lemon Grove Dial-A-Ride
Poway Dial-A-Ride (San Diego County Transit System)
San Diego Transit DART
Spring Valley Dial-A-Ride (San Diego County Transit System)
1.1.3 Senior and Disabled Dial-A-Ride Ooerators
Chula Vista Handy trans
National City WHEELS
East County WHEELS (for East County, Coronado, San Ysidro,
and Imperial Beach)
Poway Call-A-Ride
City of San Diego Dial-A-Ride
1.2 Backaround
1.2.1 In accordance with the requirements of Section 99282.5 of the
Public Utilities Code, the MTD Board of Directors and the SANDAG
Board of Directors adopted Resolutions on June 23, 1980 and
July 21, 1980, respectively, establishing a Transfer Policy for
JJ/-5
all operators recelvlng Article 4 Transportation Development Act
(TDA) funds in the MTDB and SANDAG jurisdictions. As a result
of these actions, a Master Transfer Agreement was originally
executed between and among MTDB area operators and NCTD on
July I, 1981 and subsequently amended, as appropriate,
fulfilling the intent of coordinating transit service within the
re9ion.
1.2.2 To further coordinate transit service, the Regional Ready Pass
Agreement was originally executed on July I, 1981 and renewed,
as appropriate, to provide for acceptance, administration,
sales, and revenue distribution of the regional Ready Pass.
1.2.3 A Uniform Fare Structure was also established in the MTDB area
in July 1981 providing for coordinated base fare levels for
Local, Urban, Express and Dial-A-Ride services. In July 1988,
the Regional Ready Pass Agreement, the Master Transfer Agreement
and agreements related to the acceptance, administration, sale,
and revenue distribution of $1.00 10-Pack/$1.50 10-Pack tickets
and Day Tripper passes were formally incorporated into the
Uniform Fare Structure Agreement.
1.2.4 The ADA became Federal Law in July 1990. MTDB submitted an ADA
Complementary Paratransit Plan to the Federal Transit
Administration in January 1992. The plan, signed by the transit
operators listed in Section 1.1.1, sets forth the requirements
and fare structure for the complementary paratransit services,
to be operated by the Dial-A-Ride services listed in
Section 1.1.3.
1.3 Mutual Aareement
As a result of the background described in Section 1.2, it is mutually
agreed among all operators, MTDB, and SANDAG that this Uniform Fare
Structure Agreement is established, which incorporates a base fare
structure agreement, a transfer agreement, and a regional tickets and
passes agreement.
1.4 Resoonsibilitv for Maintenance of Aareement
Maintenance of this agreement shall be the responsibility of each of the
operators and shall be a condition for continued receipt of TDA funds in
accordance with Section 99284 of the Public Utilities Code. Through
cooperative agreement, MTDB and SANDAG shall monitor the implementation
and maintenance of this agreement.
1.5 Term
This agreement shall become effective July I, 1992 and shall be in
effect until amended by MTDB, SANDAG, and each of the operators. NCTD
may withdraw from this agreement with ninety (90) days notice.
-2-
Io/-~
1.6 Chanaes
Each operator shall give MTDB, in its area of jurisdiction, and SANDAG,
sixty (50) days notice in writing before a desired change to the
agreement may be implemented. No change shall be made without the
consent of HTDB, SANDAG, and each of the operators.
SECTION 2: DEFINITIONS
2.1 Service Definitions
The following definitions shall apply to HTDB area operators only:
2.1.1 Local Service. Fixed-route bus service on local roads serving
neighborhood destinations and feeding transit centers in the
immediate area. NCT, SDCTS, SCOOT, and some HTDB contract
operators operate Local service.
2.1.2 Urban Service. Moderate-speed; fixed-route bus service
primarily on arterial streets with frequent stops. SDTC and
some MTDB contract operators operate Urban service.
2.1.3 Exoress Service. Fixed-route bus service with stops only at
major transit centers, residential centers, and activity
centers, has more than six stops outside Centre City or at
collector end of route, generally travelling less than
50 percent of the one-way miles on freeways and averaging at
least 12 miles per hour, with an average trip length of
approximately 10.0 miles or under, and uses standard transit
buses. SDTC and some HTDB contract operators operate Express
service.
2.1.4 Premium Exoress Service. Fixed-route bus service with stops
only at major transit centers, residential centers, and activity
centers, has more than six stops outside Centre City or at
collector end of route, generally travelling 50 percent or more
of the one-way trip miles on freeways, averaging at least
15 miles per hour, with an average passenger trip length of over
10.0 miles, and uses standard transit buses. SOTC, SDCTS, and
some HTDB contract operators operate Premium Express service.
2.1.5 Commuter Exoress Service. Fixed-route bus service with stops
only at major transit centers, residential centers and activity
centers; generally travelling 50 percent or more of the one-way
trip miles on freeways, averaging at least 25 miles per hour
with an average passenger trip length of over 10.0 miles, and
uses commuter coaches. SDCTS operates Commuter Express service.
Commuter Express Route 870 is a bus service with stops only at
major transit centers, residential centers and activity centers;
has fewer than six stops at collector end of route; travels no
freeway miles, averaging at least 20 miles per hour, with an
average passenger trip length of over 10.0 miles, and uses
commuter coaches. SDCTS operates Commuter Express Route 870.
-3-
Jt/-7
2.1.6 Dial-A-Ride Service. Service available to the general public
that does not operate over a fixed route. The service is
dispatched through telephone requests from patrons. El Cajon
Express, La Mesa Dial-A-Ride, Lemon Grove Dial-A-Ride, Poway
Dial-A-Ride (SDCTS), San Diego Transit Direct Access to Regional
Transit (DART), and Spring Valley Dial-A-Ride (SDCTS) operate
Dial-A-Ride service.
2.1.7 Paratransit Service. Service limited to senior and disabled
passengers that does not operate over a fixed route. This
service is dispatched through telephone requests from patrons.
The Coordinated Transportation Service Agency (CTSA) oversees
such services.
2.1.8 ADA Comolementarv Paratransit Service. Specialized curb-to-curb
transportation services provided to persons who qualify as
eligible for such services under the guidelines of the Americans
with Disabilities Act of 1990 and as specified in the MTDB
Regional ADA Complementary Paratransit Plan. Except for
commuter bus, commuter rail, or intercity rail systems, each
public entity operating a fixed-route system shall provide
paratransit or other special service to individuals with
disabilities that is comparable to the level of service provided
to individuals without disabilities who use the fixed-route
system.
2.1.9 Dedicated Transoortation Service. In relation to social service
agencies or other organizations, a dedicated transportation
service is defined as paratransit vehicle usage that is set
apart for and guaranteed to an agency for the transportation of
its eligible clients. The vehicle, for a particular time frame,
is for the definite use of these persons and a ride is
unavailable to other eligible persons within the community.
2.1.10 Rural Service. Scheduled service operated in rural areas over
fixed routes. SDCTS-Rural operates Rural service.
2.1.11 Liaht Rail Service. Service provided by San Diego Trolley.
2.1.12 Soecial Service. Special services (such as the Stadium Bus and
Sun Runner) operated by an individual operator. Special
services are not subject to the requirements of this agreement.
2.2 Passenaer Definitions
The following shall apply to MTDB area operators and NCTD to determine
eligibility for special fares.
2.2.1 Senior. Any person 60 years of age or older. Acceptable proof
of senior fare eligibility shall be a Medicare Card, a valid
driver's license, a State of California Senior identification
card, or a MTS identification card in the MTDB area, or a NCTD
-4-
/~-~
identification card in the NCTD area. This definition applies
to persons who seek to purchase and/or use a Senior/Disabled
monthly Ready Pass or Senior/Disabled cash fare on fixed-route
transit or trolley services.
2.2.2 Disabled. Any person with a permanent mental or physical
disability. (NCTD only: any person with a permanent or
temporary disability.) Acceptable proof of disabled fare
eligibility shall be a MTS identification card, Medicare Card,
NCTD disabled identification card, State of California
Department of Motor Vehicles (DMV) disabled identification card,
or DMV placard identification card. This definition applies to
persons who seek to purchase and/or use a Senior/Disabled
monthly Ready Pass or Senior/Disabled cash fare for fixed-route
transit or trolley services.
2.2.3 HelDer. Any person designated by and travelling with a disabled
passenger in a wheelchair as their assistant.
2.2.4 Youth. Any person 6-18 years of age (inclusive). Acceptable
proof of youth fare eligibility in the MTDS area shall be a MTS
Youth identification card, a valid driver's license or current
school photo identification card (through high school only).
NCTD shall control youth pass eligibility at the point of
purchase.
2.2.5 Child. Any person age 5 or under.
2.2.6 Personal Care Attendant. In relation to the ADA complementary
paratransit service, a personal care attendant is a person who
is designated by the ADA-eligible passenger to aid in their
mobility. The person may be a friend, family member, or paid
employee. A personal care attendant is not charged a fare on
the ADA complementary paratransit service vehicle on which the
attendant accompanies the ADA-eligible passenger, but may be
charged on non-ADA services. The need for and use of a personal
care attendant must be indicated at the time of ADA eligibility
cert ifi cat ion.
2.3 Other Definitions
2.3.1 RYl. Transit vehicle operated by SDTC, SDCTS, NCT, MTDS
contract operators, NCTD, and SCOOT.
2.3.2 Trollev. light rail transit vehicle operated by SDTI.
2.3.3. Centre Citv San Dieao. That portion of downtown San Diego
bordered by laurel Street to Interstate 5 (1-5) on the north,
Commercial Street to 1-5 on the south, 1-5 on the east, and the
waterfront on the west.
2.3.4 Station. That fixed site at which the San Diego Trolley stops
to load and unload passengers. The stops within Centre City
San Diego are considered one station.
-5-
/Lj-9
2.3.5 ZoneCsl. For bus service, geographical areas are defined by
fixed boundaries within which particular fares are established.
Zone 1 is the central urbanized area of the San Diego region
bounded by the Mexican border to the south, the MTDB area of
jurisdiction limit to the east, the waterfront on the west, and
extending north along Interstate 5 (1-5) to just south of
Carmel Valley Road and north along Interstate 15 (1-15) to
los Penasquitos Canyon (Mercy Road). Zone 2 extends from the
Zone 1 northern boundaries north to Manchester Street along 1-5,
and north to lake Hodges/Pomerado/Highland Valley Road along
1-15. Zone 3 extends from the Zone 2 northern boundaries north
to Batiquitos lagoon along 1-5, and north to Bear Valley Parkway
along 1-15. Zone 4 consists of everything within the MTDB area
of jurisdiction north of the Zone 3 northern boundary. For
trolley service, a zone is the number of stations from the
station of boarding that a person may travel for a particular
fare. For ADA complementary paratransit service, a zone is the
geographical area defined by fixed boundaries within which
particular fares are established. The boundaries for the zones
are determined by each of contracting agencies for the local
operator of the paratransit service.
2.3.6 Transfers. The actions by passengers in which they leave one
bus, trolley, or dial-a-ride service and board a subsequent bus,
trolley, or dial-a-ride service to complete their trips.
2.3.7 UOQrade. An additional fare required to enhance the value of an
original fare (upon transfer) or a pass to travel on a higher
fare bus, trolley, or dial-a-ride service.
SECTION 3: REGIONAL BASE CASH FARES
3.1 ScoDe
This section shall cover base fare levels for MTDB area fixed-route
operators. This section does not apply to NCTD.
3.2 Cash Fare levels
3.2.1 local route cash fares shall be $1.00.
3.2.2 Urban route cash fares shall be $1.25.
3.2.3 Express, Premium, Express and Commuter Express route cash fares
shall be as follows:
Express Zone 1 . $1. 50
Express Zone 2 . $1.75
Premium Express Zone 1 . $1.75
Premium Express Zone 2 . $2.00
Commuter Express Zone 2 . $2.25
Commuter Express Zone 3 . $2.50
Commuter Express Zone 4 . $2.75
-6-
/o/-/p
Zones shall correspond to bus zones as defined in Section 2.3.5
of this agreement and as shown in Attachment A (map).
3.2.4 San Diego Trolley one-way cash fares shall be as follows and as
detailed in Attachment B.
within Centre City
1 Station
2 Stations
3 Stations
4-7 Stations
8-12 Stations
13-17 Stations
18-22 Stations
23-27 Stations
28+ Stations
= $0.50
- $0.50
- $0.75
- $1.00
- $1.25
- $1.50
- $1.75
- $2.00
- $2.25
- $2.50
3.2.5 Senior/Disabled cash fares on all routes shall be $0.60. There
shall be no zone charges associated with Senior/Disabled cash
fares.
3.2.6 Helper cash fares on all routes shall be $0.60.
3.2.7 There is no regional youth cash fare.
3.2.8 Children (5 years and under) ride free when accompanied by a
fare-paying passenger. The number of children allowed to ride
free will be determined by the individual operators.
3.3 Soecial or Individual Ooerator Fares
3.3.1 SDCTS, NCT, SCOOT and MTDB, for contract operators, may set
youth cash fares of $0.60. Proof of eligibility for a youth
cash fare (as specified in Section 2.2.4) shall be required.
3.3.2 Individual operators may set cash fares for special services
such as stadium buses, shuttles, and promotional services. All
operators will notify Regional Transit Information and other
operators of any promotions put into effect.
3.3.3 SDCTS may set cash fares for the SDCTS Rural services.
3.3.4 Dial-A-Ride operators may set individual cash fares for
Dial-A-Ride services.
3.3.5 SDTC may set cash fares for DART services.
3.3.6 ADA Complementary Paratransit Service fares are set in relation
to fixed-route services. In compliance with the ADA
requirements, the one-way fares for ADA complementary
paratransit services are set at double the fares for comparable
fixed-route services. Attachment C specifies the ADA local zone
fares and Attachment 0, the ADA regional fares. Cash fares for
ADA complementary paratransit services shall go into effect on
October 1, 1992. After January 1, 1993, there will be an option
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to lower the cash fares during off-peak hours (weekdays,
10:00 a.m. to 2:00 p.m.) if service capacity becomes available.
Within the ADA gUidelines, the senior and disabled Dial-A-Ride
operators listed in Section 1.1.3, will retain local flexibility
to establish fares for social service agencies that purchase
dedicated transportation for their clients.
SECTION 4: REGIONAL TRANSFERS
4.1 ~
This section shall cover transfers between all Article 4 General Public
Dial-A-Ride operators, Article 4.5 ADA and Senior/Disabled Dial-A-Ride
operators, SDTI, and NCTD. It shall also define a policy for
participation in the regional transfer system by other transit
providers. And, it shall provide transfer policy guidelines between
fixed-route bus service and ADA complementary paratransit services.
4.2 Transfer Slios
4.2.1 Bus and Dial-A-Ride Transfer SliD SDecificatiDns
4.2.Ia
The paper transfer slip issued by each bus and
Dial-A-Ride operator shall include the following
information:
o in the HTDB area, designation of service type
(Local or Urban/Express);
o in the HTDB area, the cash fare paid;
o the route number or, for Dial-A-Rides, the oper-
ator of the issuing vehicle;
o the direction of travel of the issuing vehicle;
and
4.2.Ic
o the date and time of day the transfer expires
(or time issued for NCTD service).
All paper transfers issued in the HTDB area (including
transfers issued by Dial-A-Ride operators) shall be
punched or cut, as appropriate, by the driver. In the
HTDB area, drivers shall use a unique transit
hole-punch. In the NCTD area, drivers may use a
standard round-hole punch.
HTDB shall be responsible for printing these paper
transfers in the HTDB area. NCTD shall be responsible
for printing paper transfers in the North County area.
4.2.Ib
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4.2.2 Trollev Sinole-Ride Tickets as Valid Transfer Slios
San Diego Trolley single-ride tickets shall be valid as transfer
slips and shall include the following information:
o cash value of the trip for which the ticket is valid;
o station of boarding;
o the time the ticket expires; and
o the date the ticket was issued.
4.2.3 Soecial Transfers
4.2.3a
North County Transit District shall issue separate
transfer forms.
4.2.3b
Ready 2 tickets, Ready 10 tickets, Super Ready 10
tickets, and 10-Pack tickets (for $1.25, $1.50, $1.75,
$2.00, $2.25, $2.50 and $2.75 fares) validated by SDTI
vendomats shall be valid transfers up to the time of
expiration stamped on the ticket.
4.3 Transfer Charoes
These transfer charges will apply to transfers between and among MTDB
area operators, and between NCTD and each other operator. For the
purposes of this agreement, NCTD service shall be deemed equal to $1.25
"Urban" servi ce. These transfer charges wi 11 not apply to transfers
within NCTD.
4.3.1 Transfer Uoorades
4.3.1.a Transfer slips shall only be issued when a cash fare
is paid or a 10-Pack ticket is relinquished.
Passengers with a valid transfer slip may transfer to
a bus or trolley with an equal or lower cash fare
value free of charge. Passengers with a valid
transfer slip must pay the difference between the
lower and higher cash fare in $0.25 increments when
transferring to a bus or trolley with a higher cash
fare value. Transfer upgrades range from $0.25 to
$2.25 and are detailed in Attachment E.
4.3.1b There shall be no transfer upgrade charges on fixed-
route services for senior or disabled passengers.
4.3.1c Transfers made from a bus or trolley to a Dial-A-Ride
service listed in Section 1.1.2 of this Agreement
(excluding DART) will require a $0.50 upgrade fare
regardless of the cash base fares charged on either
service.
4.3.1d There are no transfer privileges between Dial-A-Ride
services listed in Section 1.1.2 of this Agreement.
A full fare is required upon each boarding.
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4.3.Ie
ADA eligible passengers with a valid transfer slip
from an ADA complementary paratransit service vehicle
may transfer to a bu~ or trolley without the payment
of a transfer upgrade charge. There will be a payment
of a transfer upgrade required from a bus or trolley
to an ADA complementary paratransit service. An
eligible passenger is a person with a disability who
has been certified as eligible under the Americans
with Disabilities Act of 1990 and the MTDB Regional
ADA Complementary Paratransit Plan.
4.4 Transfer Time
Transfer slips issued from MTDB area buses shall be valid within the
MTDB area until the date and time indicated on the transfer slip
(sixty (60) minutes from the terminal time of the route from which the
transfer slip is issued). NCTD shall set its own time policy for
accepting transfer slips issued from MTDB-area buses. Transfer slips
issued from NCTD-area buses and used to transfer to MTDB-area services
shall be valid for two hours from the .time of issue (as shown on the
transfer slip). Transfer slips issued from ADA complementary
paratransit service vehicles shall be valid until the date and time
indicated on the transfer slip (the time indicated shall be two hours
from the time of drop-off by the ADA paratransit vehicle, to the nearest
half-hour). Passengers may exchange IO-Pack tickets for a valid
transfer upon boarding the bus. Single-ride and multi-ride trolley
tickets shall be valid as transfer slips until the date and time
indicated on the ticket (two hours from the time of purchase or
validation). No transfer slips shall be issued when a monthly or daily
pass, as described in Section 5 of this Agreement) is presented.
Transfer slips issued in exchange for a previously issued transfer slip
shall be punched or cut by the driver to be valid only until the time
remaining on the original transfer slip, unless an upgrade is paid.
4.5 Transfer Directional Restrictions
Passengers with a valid transfer slip (as defined in Sections 4.2,
4.3 and 4.4) may not make a return trip on the route, or on any route
on the same printed public timetable from which the transfer slip was
issued. Stopovers (reboarding the same route in the same direction) is
allowed (except on NCTD services) and there are no other directional
restrictions on transfers.
4.6 Transfer Centers and Points
Timetable coordination shall be established at the points shown on
Attachment F throughout the MTDB area of jurisdiction between and among
all operators and for as many routes as possible. A transfer shall be
considered time-coordinated if the scheduled meet is within six minutes.
4.7 Particioation in Transfer Svstem
The policy for participation in the regional transfer system in the MTDB
area (as defined in Sections 4.1, 4.2, 4.3, 4.4, 4.5 and 4.6) by transit
providers other than those included in Sections 1.1.1, 1.1.2 and 1.1.3
shall be as follows:
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4.7.1 Private operators participating in the regional transfer system
must operate a fixed route and fixed, published schedule.
4.7.2 Operators must serve an area or need not currently served by an
existing MTDB-area operator.
4.7.3 Any publicly subsidized operator should be incorporated into the
regional transfer system to the extent feasible and practical.
4.8 ADA Comolementarv Paratransit Service Transfer Considerations
Under the guidelines of the Americans with Disabilities Act of 1990,
transfers between fixed-route bus and trolley services can take place at
bus stop and station locations of choice of the ADA service passenger.
As long as the ADA passenger can board and/or deboard at a chosen stop
or station location, (i.e., the wheelchair lift can be deployed) there
are no restrictions as to where the passenger may transfer. Providers
may suggest, but cannot require, that transfers between fixed-route
services and the ADA paratransit services take place at the major
transfer locations as shown in Attachment G.
The fare upgrade (from the fixed-route bus or trolley to the ADA
paratransit service) will only be paid on the ADA paratransit service
vehicle, not on the fixed-route vehicle. This is an exception to the
MTDB policy to allow passengers to pay transfer fares on the first or
second vehicle
A transfer received upon any fare payment on a fixed-route vehicle will
be worth a maximum of $0.60 toward the payment of the fare upgrade on
the ADA complementary paratransit vehicle.
An $11.00 Senior/Disabled Ready Pass, or any other higher value pass
used to board a fixed-route vehicle will be worth $0.60 toward the
payment of the fare upgrade on the ADA complementary paratransit
vehicle.
No Ten-Pack tickets, Day Trippers, tokens, or other prepaid fare media
will be accepted as fare on the ADA paratransit service vehicle.
SECTION 5: PASSES AND TICKETS
This section shall apply to fixed-route bus and trolley operators and DART
services only. General Public and Senior/Disabled Dial-A-Ride operators do
not accept regional passes.
5.1 Reaional Monthly Pass
5.1.1 Adult Monthlv Passes. The price of a regional adult monthly
pass (Ready Pass) shall be based on service type and zones.
Local and Urban Zone 1 passes shall be $45.00. Express Zone 1
and San Diego Trolley passes shall be $47.00. Express Zone 2
and Premium Express Zone 1 passes shall be $52.00. Premium
Express Zone 2 passes shall be $57.00. Commuter Express Zone 2
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passes shall be $60.00. Commuter Express Zone 3 passes shall be
$65.00. Commuter Express Zone 4 passes shall be $70.00. The
adult monthly pass shall entitle the person to whom the pass is
issued to unlimited rides during the month for which the pass is
designated on any equal or lower priced regularly scheduled
services. Half-priced monthly passes shall be sold beginning
the 15th day of each month at The Transit Store only.
5.1.2 Senior/Disabled Monthlv Passes. The price of a regional senior/
disabled monthly pass is $11.00 and shall entitle the senior or
disabled passenger to unlimited trips during the month for which
the pass is designated on any regularly scheduled services.
Half-priced monthly passes shall be sold beginning the 15th day
of each month at The Transit Store only.
5.1.3 Youth Monthlv Passes. The price of a youth monthly pass is
$21.00 and shall entitle the youth passenger to unlimited trips
during the month for which the pass is designated on any
regularly scheduled services. Half-priced monthly passes shall
be sold beginning the 15th day of each month at The Transit
Store only. .
5.1.4 Centre Citv San Dieoo Passes. The Centre City San Diego-only
monthly pass shall be available to the general public. The
Centre City pass shall entitle the passholder to unlimited trips
during the month for which the pass is designated, on any
regularly-scheduled services provided within Centre City
San Diego (as defined in Section 2.3.3) by San Diego Trolley
only. The price of the Centre City San Diego pass shall be
$21.00. MTS AutoPark monthly parking permit holders shall
receive a 50 percent discount on the pass (discount to be
subsidized by the Regional Building Authority)
5.2 Soecial Reoional Passes
5.2.1 Dav Passes-General Public. The price of a one-day (I Day
Tripper) pass is $4.00 and the price of a four-day (4 Day
Tripper) pass is $12.00, and shall entitle the person to whom
the pass is issued to unlimited rides during the day{s) for
which the pass is valid on any regularly scheduled services
provided by those operators listed in Section 1.1.1 and the
San Diego Bay Ferry.
5.2.2 Multi-dav Passes-GrouD Advance Sales. Multi-day passes, valid
for two to seven days, may be issued to groups only on an
advance sales basis only. The price of multi-day, group advance
sales passes shall be as follows:
two-day pass = $ 6.00
three-day pass = $ 8.00
four-day pass = $10.00
five-day pass = $12.00
six-day pass = $14.00
seven-day pass = $16.00
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The multi-day (Day Tripper) pass shall entitle the person to
whom the pass is issued unlimited rides during the corresponding
number of consecutive days for which the pass is valid on any
regularly-scheduled services provided by those operators
identified in Section 1.1.1 and the San Diego Bay Ferry.
Special events passes may be purchased in bulk in advance at
discounted rates as follows:
100-499 passes
500-999 passes
1,000-1,999 passes
2,000-2,999 passes
3,000+ passes
- Full price per pass
- 5 percent discount per pass
- 10 percent discount per pass
- 15 percent discount per pass
- 20 percent discount per pass
5.2.3 Classroom Dav Triooer. Classroom Day Trippers are valid for one
day during non-peak hours between 9:00 a.m. and 3:00 p.m. on
weekdays or anytime on weekends. Classroom Day Trippers may be
issued to school and youth groups (up to 18 years of age) on an
advance sales basis only. Groups must be able to travel with a
maximum of 17 people (15 youths and two adult chaperons) per
group, depending on bus or trolley route capacity. The price of
Classroom Day Trippers shall be $1.00 per person and each
passenger shall be issued a separate ticket. The Classroom Day
Tripper shall entitle the person to whom the pass is issued to
unlimited rides during the day for which the pass is valid,
within the prescribed hours, on any regularly scheduled services
provided by those operators listed in Section 1.1.1 and the
San Diego Bay Ferry. Revenue for the Classroom Day Trippers is
allocated to individual operators on a trip-by-trip basis, split
according to the trip itinerary established by the purchaser of
the Classroom Day Tripper.
5.3 Reaional Tickets
5.3.1 Bus/Trolley 10-Ride Ticket Book ($1.25 Ten-Pack). The price of
a bus/trolley 10-Ride ticket book (Ten-Pack) is $12.00 and shall
entitle the person to whom the ticket book is issued to
ten (10) trips of up to $1.25 cash fare yalue per trip on any
regularly-scheduled services. For a trip on the trolley, the
ticket must be yalidated in the trolley ticket machine before
boarding.
5.3.2 Bus/Trolley 10-Ride Ticket Book ($1.50 Ten-Packl. The price of
a bus/trolley 10-Ride ticket book ($1.50 Ten-Pack) is $14.00 and
shall entitle the person to whom the ticket book is issued to
ten (10) trips of up to $1.50 cash fare value per trip on any
regularly-scheduled services. For a trip on the trolley, the
ticket must be validated in the trolley ticket machine before
boarding.
5.3.3 Bus/Trolley 10-Ride Ticket Book (51.75 Ten-Pack). The price of
a bus/trolley 10-Ride ticket book ($1.75 Ten-Pack) is $17.00 and
shall entitle the person to whom the ticket book is issued to
ten (10) trips of up to $1.75 cash fare yalue per trip on any
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regularly-scheduled services. For a trip on the trolley, the
ticket must be validated in the trolley ticket machine before
boarding.
5.3.4 Bus/Trollev 10-Ride Ticket Book 1$2.00 Ten-Packl. The price of
a bus/trolley 10-Ride ticket book ($2.00 Ten-Pack) is $17.00 and
shall entitle the person to whom the ticket book is issued to
ten (10) trips of up to $2.00 cash fare value per trip on any
regularly-scheduled services. For a trip on the trolley, the
ticket must be validated in the trolley ticket machine before
boarding.
5.3.5 Bus/Trollev IO-Ride Ticket Book 1$2.25 Ten-Packl. The price of
a bus/trolley 10-Ride ticket book ($2.25 Ten-Pack) is $20.00 and
shall entitle the person to whom the ticket book is issued to
ten (10) trips of up to $2.25 cash fare value per trip on any
regularly-scheduled services. For a trip on the trolley, the
ticket must be validated in the trolley ticket machine before
boarding.
5.3.6 Bus/Trollev 10-Ride Ticket Book 1$2.50 Ten-Packl. The price of
a bus/trolley 10-Ride ticket book ($2.50 Ten-Pack) is $22.50 and
shall entitle the person to whom the ticket book is issued to
ten (10) trips of up to $2.50 cash fare value per trip on any
regularly-scheduled services. For a trip on the trolley, the
ticket must be validated in the trolley ticket machine before
boarding.
5.3.7 Bus/Trollev 10-Ride Ticket Book 1$2.75 Ten-Packl. The price of
a bus/trolley 10-Ride ticket book ($2.75 Ten-Pack) is $25.00 and
shall entitle the person to whom the ticket book is issued to
ten (10) trips of up to $2.75 cash fare value per trip on any
regularly-scheduled services. For a trip on the trolley, the
ticket must be validated in the trolley ticket machine before
boarding.
SECTION 6: REGIONAL MONTHLY PASS UPGRADES
6.1 Adult Pass Uoarades
Passengers holding a valid adult monthly pass must pay a cash upgrade
to ride services that require a higher value pass as defined in Sec-
tion 5.1.1. Pass upgrades range from $0.25 to $1.50 in $0.25 increments
based upon the difference in cash fares associated with each pass.
Attachment H details the pass upgrade charges.
6.2 Senior/Disabled and Youth Pass Uoarades
There shall be no cash upgrades required on Senior/Disabled and Youth
monthly passes for travel on any regularly-scheduled services provided
by those operators listed in Section 1.1.1 of this agreement (except
SDCTS Rural services - see Section 6.3). There shall be a cash upgrade
required on a Senior/Disabled pass, or any other higher value pass, if
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an eligible passenger transfers to an ADA complementary paratransit
service vehicle. This cash upgrade will be the difference between the
$0.60 ride value of the Senior/Disabled pass and the ADA complementary
paratransit fares, ranging from $2.00 to $3.50 per one-way trip. The
cash upgrade will only be paid on the ADA complementary paratransit
service vehicle.
6.3 SDCTS Rural Services
All passes, including Senior/Disabled and Youth passes, shall have a
$1.50 cash value when boarding or transferring to SDCTS Rural services.
SECTION 7: REGIONAL TICKET AND PASS ADMINISTRATION
7.1 Scooe
This section shall cover the administration of printing, sales,
boarding counts, revenue collection, and revenue allocation for
Regular, Senior/Disabled, Youth, Day Tripper and Centre City passes
and all IO-Pack tickets. This section does not apply to General Public
or Senior/Disabled Dial-A-Ride operators.
7.2 SANDAG Resoonsibilities
7.2.1 SANDAG shall ensure that each operator submits Ready Pass
boarding counts by category (Adult (all zones combined), Senior/
Disabled, and Youth) and all IO-Pack ticket counts (by ticket
type) to SANDAG on a monthly basis, using the form shown in
Attachment I. In addition, SANDAG shall ensure that those
operators operating Express, Premium Express, and Commuter
Express routes submit pass-boarding counts by route.
7.2.2 SANDAG shall determine the proportion of revenues from Adult
Ready Pass sales to be allocated to each operator on a
countywide basis in accordance with the formula shown in
Attachment J.
7.2.3 SANDAG shall determine the proportion of revenues from
Senior/Disabled and Youth Ready Pass sales to be allocated to
each operator on a countywide basis in accordance with the
formula shown in Attachment K.
7.2.4 SANDAG shall determine the proportion of revenues from
all IO-Pack ticket sales ($1.25, $1.50, $2.00, $2.25, $2.~0 and
$2.75 fares) to be allocated to each operator on a countywide
basis in accordance with the formula shown in Attachment L.
7.2.5 SANDAG shall submit the Ready Pass summary counts and allocation
percentages by category (Adult, Senior/Disabled and Youth) and
all pass level ($45, $47, $50, $52, 57, $60, $65, and $70) and
all IO-Pack ticket counts (by type) for each operator to MTDB,
instructing MTDB to disburse the Ready Pass, Day Tripper, and
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10-Pack sales revenue collected to the various operators in
accordance with the calculated percentages. SANDAG shall submit
said percentages and counts for the previous month to MTDB by
the 25th day of the month following.
7.2.6 SANDAG shall prepare a yearly summary of Ready Pass and all
10-Pack ticket riders (by operator).
7.3 MTDB ResDonsibilities
7.3.1 MTDB shall fund and administer the design and printing of
regional passes and tickets.
7.3.2 MTDB shall fund the regional prepaid fare program encompassing
the distribution and sales reconciliation of Ready Passes (for
Adult by price, Senior/Disabled, and Youth), Day Tripper passes,
Centre City passes, all 10-Pack tickets, pass-by-mail program,
and for San Diego Trolley, Ready 10, Super Ready 10, and Ready 2
tickets, as well as a pass sales effort directed at major
employers. A Pass Sales Administrator, employed by MTDB, will
be the coordinator of this fare program.
7.3.3 MTDB shall prepare a monthly summary of Ready Pass (by category
and price), Day Tripper pass, Centre City pass, all la-Pack,
Ready 10, Super Ready 10 and Ready 2 sales and net sales
revenue, and shall submit a copy of this summary to each
operator (net sales revenue is the gross revenue minus
commissions to sales outlets).
7.3.4 MTDB shall determine the Day Tripper pass sales revenue to be
allocated to each operator based on the percentages of regional
Adult Ready Pass sales as determined by SANDAG. An allocation
of 1.5 percent of the Day Tripper revenue shall be allocated to
the San Diego Bay Ferry prior to the remaining 98.5 percent
allocated to the other operators that accept the Day Tripper.
7.3.5 MTDB shall determine the proportion of TransNet Local
Transportation Sales Tax subsidy to be allocated to each MTDB-
area operator for Senior/Disabled and Youth passes based on the
formula shown in Attachment M.
7.3.6 MTDB shall prepare a monthly summary of TransNet Local
Transportation Sales Tax subsidies for Senior/Disabled and Youth
passes or any other local jurisdiction subsidy by the end of the
month.
7.3.7 MTDB shall prepare a monthly summary of regional Ready Pass
(for Adult by price, Senior/Disabled and Youth), Day Tripper
pass, Centre City pass, all 10-Packs, Ready 10, Super Ready 10
and Ready 2 revenue distribution, including subsidies, and shall
submit a copy of these data and the SANDAG summary counts and
allocation percentages (Section 7.2.5) to each operator and to
SANDAG, when issuing checks as described in Section 7.3.9.
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7.3.8 HTDB shall keep a separate fund for all pass and ticket sales
revenues received, to include interest accrued on monies
contained in such fund.
7.3.9 HTDB shall issue a check monthly to each operator for its
portion of Adult (Ready) pass, Senior/Disabled pass, Youth pass,
Day Tripper pass, Centre City pass, all 10-Pack tickets,
Ready 10, Super Ready 10, and Ready 2 net sales revenues,
TransNet Local Transportation Tax subsidy (HTDB-area operators
only), and proportionate accrued interest which exceeds HTDB
costs for Pass Sales Administrator compensation in accordance
with instructions from SANDAG. (The pass and ticket revenue
check shall reflect the net amount to be received by each
operator after adjustment is made to allocate transfer fares
paid on first vehicles as described in Attachment N.) Checks
for a particular month's revenues shall be issued for all funds
received by HTDB during the previous month. These checks shall
be issued within five (5) working days from HTDB's receipt of
the SANDAG report as referenced in Section 7.2.6. A reconciling
report shall be sent to each operator showing which month the
money is from and any adjustments (e.g., bad checks, theft,
error).
7.3.11 HTDB shall bill local jurisdictions monthly for any subsidy
payments that may result from a reduced price monthly pass
program established by that jurisdiction and apportion such
revenue to the appropriate operators.
7.4 Ooerator ResDonsibilities
7.4.1 Each operator shall count pass riders (by category: Adult (all
zones combined), Senior/Disabled, and Youth) and 10-Pack ticket
riders (by type). Operators shall count other prepaid fare
media (Day Trippers, Classroom Day Trippers) as feasible, based
on current farebox technology in use. Those operators operating
Express, Premium Express, and Commuter Express routes shall
count pass boardings by route for Express, Premium Express, and
Commuter Express services. Buses shall be equipped to permit
operators to maintain a daily count of each category and type of
rider. A record of daily counts shall be maintained and kept on
file for a one-year period. Such record shall be made available
to SANDAG at its request. For the purpose of 10-Pack ticket
revenue allocation, the 10-pack tickets shall be counted as
follows:
o A 10-Pack ticket, received for fare payment, that has been
validated by a San Diego Trolley vendomat is counted as a
transfer. .
o A 10-Pack ticket, received for fare payment, that has not
been validated by a San Diego Trolley vendomat is counted as
a 10-Pack ticket for revenue allocation.
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Daily pass and IO-Pack ticket usage on the San Diego Trolley
shall be determined on a sampling basis as prescribed by SANDAG.
North County Transit District will determine ticket usage based
on special quarterly counts.
7.4.2 Each operator shall prepare a monthly summary of pass riders (by
category and route. where applicable) and all IO-Pack ticket
riders (by type) using the form in Attachment 1 and submit the
previous month's summary to SANDAG by the 23rd day of the month
following.
7.4.3 Each operator shall permit SANDAG to be the arbiter in case of
any questions on pass counts and SANDAG shall justify its
decision to operator(s) in question.
NBF:nbf:paw
UNIFORM.NBF
5/12/92
Attachments:
~ i~
~i
')
A. Express Bus Zones, Routes and Fares
B. San Diego Trolley Zone Fares
C. ADA Complementary Paratransit Local Fares
D. ADA Complementary Paratransit Regional Fares
E. Transfer Upgrades
F. Transit Centers and Points
G. Paratransit Transfer Sites
H. Pass Upgrades
I. Regional Pass and Ticket Usage
J. Adult Pass Revenue Allocation Formula
K. Senior/Disabled and Youth Pass Revenue Allocation Formula
L. Revenue Allocation Procedure for IO-Pack Tickets
M. TransNet Pass Subsidy Allocation Procedure
N. Revenue Allocation for Transfer Upgrade on
First Vehicle Policy
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UNIFORM FARE STRUCTURE AGREEMENT
Approved as to Form:
---~ ~
Gener~UnSel
Date:
UJ//S/ljt...
MTDB Doc. No. T0132.0-92
T 532.92
METROPOLITAN TRANSIT DEVELOPMENT
BOARD
~0.~-
enera anager
~ /'? /q;A..
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UNIFORM FARE STRUCTURE AGREEMENT
HTDB Doc. No. T0132.0-92
T 532.92
Approved as to Form:
CHULA VISTA HANDYTRANS
rzv (, ( Iv-: I r'
Legal Counsel / J' I.
City of Chula Vista
Tim Nader, Mayor
City of Chula Vista
Date:
Date:
WPC 1570T
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,San ".
\ "'" Marcos '\ I Zone 4\
:\ Rt. 800 $70.,$2.1'5-----.. i Rt. 810 $70., $2.75
Carlsbad ~ "~\ Escondido
\ Zone 3 "\ ',,- ..~ -
\ \ ~
Encinitas \ Rt. 800 $65., $2.50 \ ...............
\ I
/
!
r
~
/"
\ LZone 1 (
i\ Rt. 210 $52.,\$1.75
i \ Rt. 20 $47.. ~1.50
~ '~ I
.: ~ j
I \ .,
~/.. -Y'i
Rt. 30 $47., $1.50/"
Rt. 50 $47., $1'.50 / \
Rt. 150~47., $1'iO Rt. 27X $52., $1.75
'; /\~. 40 $52., $1.75
! L._.:;.('I3~. 70 $47 ., ~~g"1
--""'~--"l\ I )
" 1~M
'. : .1\... ~ Lemon
1 ;, ../
r \ \ Grove
',. ~ "'
.""..........,. ::
-.< '\
( \\ National City
\"
\ "\
\ \ Chula Vista
\ 1
;
~
j
ATTACHI1ENT
Oceanside
\ I Zone 2 I
\ Rt. 800 $60., $2.25
\
./
/'
.(
/'
Del Mar
\
"
San Diego
Coronado
Imperial
Beach
MTDB
EXPRESS BUS ZONES,
ROUTES AND FARES
/'1,,;;.5
Rt. 220 and Rt. 230
$57., $2.00
Rt. 20 $52.,.1.75
,
Rt. 820 $6o.,\f2.25
\
Poway \
\
\
,
\
Santee )
/ .'
Rt. 870 $60., ~ ?"
i "
1 ./
, f"
!
j EI Cajon
La Mesa
--..
...
"
,.
"\
~
N
'",
....."". 'c
.,'"" '
"l,"
1
2 miles
o
Legend: Route No...,d Pe.. Price.
On..W.y Cash Price
ATTACHMENT B
:,rt. l'IEuv ir.0LLii :0.E ;ARES
~r(JII MEt !.owe
::.5tn & j~nd " mh iuelia ti2na Kassaehu- Lemon Spring La Kes. \irs.nt. Auy. Ei
Carcl. e.rel. Street Avenue ;treet settl Grove ;treet Blvd. center Avenue Cajon
:~6iallp/Conv . Cu. .50 .75 LUO 1.25 i.Z5 1.25 1.25 L50 L50 L50 UO L50
L..;jfiV. I:tr. west .50 .75 i.IlO 1.25 1.25 1.25 1.25 1.50 1.50 L50 l.50 L50
.:p.aport. .50 .75 l.uel 1.25 1.25 U5 1.25 1.50 1.50 1.50 [.50 1.50
~.IIp.rica r iaza .50 .i5 i.OO U5 U5 1.25 1.25 L50 1.50 l.50 1.50 1.50
~iV1C Center .50 .75 l.uO i..Z5 U5 1.25 1.25 1.50 1.50 1.50 1.50 1.50
iiitn i.venue .5(1 .75 1.\)(1 1.~5 1.25 U5 1.25 1.50 1.50 1.50 1.50 1.50
.iH i~o.ilegp. .~v .75 i.OO U5 1.25 1.25 1.~5 1.50 1.50 1.50 1.50 1.50
.H.ru:t ;, 12th .50 .i5 l.00 ~..:.:i 1.25 1.25 U5 1.50 1.50 1.50 i.50 1.50
~.perial a: i"tb .:;v . " l.UV 1.,5 i.~5 1.,5 1.25 1.50 i.50 1.50 1.50 1.50
oarrlO Logan .75 l.00 1.25 1.25 1.25 1.25 1.50 L50 1.50 1.50 1.50 1.15
ii.rDorSlde 1.00 1.25 1.25 U5 1.25 1.50 1.50 1.50 1.50 1.50 U5 1.15
iaelile Fleet 1.25 1.25 1.25 U5 1.50 1.50 1.50 1.50 1.50 1.15 U5 1.15
.ational ~ity-8th 5t. 1.25 1.25 U5 1.50 1.50 1.50 1.50 1.50 1.15 1.15 U5 1.15
; ai Clty-24th St. U5 1.25 1.50 1.50 1.50 1.50 1.50 1.15 1.15 1.15 U5 1.15
,:h.,. Vieta-i 5t. 1.25 1.50 1.50 1.50 1.50 1.50 1.15 l. 75 1.15 1.15 1.15 2.00
':huia Vieta-ii 5t. 1.50 1.50 1.50 1.50 1.50 1.75 1.75 1.75 1.15 U5 2.00 2.00
?aiollar l.50 1.50 1.50 1.50 1.75 1.75 U5 1.15 1. 75 2.00 2.00 UO
;alm Avenue 1.50 1.50 1.50 U5 1.75 1.75 1.75 1.75 2.00 2.00 2.00 2.00
i f'lS Avenue l.50 1.50 i.75 1.75 1.75 U5 U5 2.00 2.00 2.00 2.00 2.00
o~~H:r ~lvd. l.50 1.75 1.75 1.75 1.75 1.75 2.00 2.00 2.00 2.00 2.00 'j "l:
.....'"
~an -rsiara 1.75 1. 75 1.75 1.75 Li5 '-00 2.00 2.00 2.00 dO ~, I", r. ':' rr,
...".. .....'"
y5tn * Co..erciai .50 .75 LUO 1.25 1.25 U5 1.25 1.50 1.50 1.50 1.50
,j2nd &: Couerdai .50 .50 .75 LOO U5 1.25 1.25 1.25 1.50 1.50 1.50
. ith ;treet .75 .50 .50 .75 1.00 1.25 1.25 1.25 1.25 1.50 1.50
~uclid Avenue LOO .i5 .50 .50 .75 1.00 1.25 1.25 1.25 1.25 1.50
"2nd 5treet U5 1.00 .75 .50 .50 .75 1.00 1.25 1.25 1.25 U5
H.ssaehueetts U5 1.25 LOO .75 .50 .50 .75 1.00 1.25 1.25 1.25
Leaaa ~rove uepot 1.25 1.25 1.25 1. 00 .75 .50 .50 .75 1.00 1.25 1.25
Spring Street 1.25 1.25 U5 1.25 l.00 .75 .50 .50 .75 1.00 1.25
La Keea Blvd. 1.50 U5 U5 1.25 1.25 1.00 .75 .50 .50 .75 1.00
"roee.ont Center 1.50 1.50 1.25 1.25 1.25 1.25 LOO .75 .50 .50 .75
Auya Drive 1.50 1.50 1.50 1.25 1.25 1.25 1.25 1.00 .75 .50 .50
il Cajon Tr. etr. 1.50 1.50 1.50 1.50 1.25 1.25 1.25 1.25 1.00 .75 .50
liL.ARK3.iIKl
j,24J91
)f"';fp
,.. ui~G0 T~0LL61 l0KE fARES
frQ. DayslOe
GasulIPI Cony. Ctr. ~ea- Alerica Civic 1iith City Marlet Imperial
Cony. ~tr. ;jest port r laz. ~enter Avenue Colieie ~ Uth . 12th
.,.slamp/Conv. CIr. .50 .50 .50 .50 .50 .50 .50 .50
'.ronv. ~tr. iiest .50 .50 .50 .50 .50 .50 .50 .50
.1eapOI't .50 .50 .50 .50 .50 .50 .50 .50
:\IIerlCa PLaza .50 .50 .50 .50 .50 .50 .50 .50
'-lVle C~nter .50 .50 .50 .50 .50 .50 .50 .50
riith Avenue .50 .50 .50 .50 .50 .50 .50 .50
~.'i ty C(jiie~e .50 .50 .50 .50 .50 .50 .50 .50
~arlet ~ ,"tn .50 .50 .50 .50 .50 .50 .50 .50
ilperiai . 12th .50 .50 .50 .50 .50 .50 .50 .50
oarrio hogan .50 .50 .50 .50 .50 .50 .50 .50 .50
n.\roorSloe .75 .75 .75 .75 .75 .75 .75 .75 .75
iaCliic Fleet LOO 1.00 1.00 LOO 1.00 1.00 1.00 1.00 1.00
~ationa' City-6th St. 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25
hational City-24th St. 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25
, ., Vista-K St. 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25
c . i'ista-H St. 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25
ralollar 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50
rail livenue 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50
iris Avenue 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50
Heyer Hlvd. 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50
511D i'siriro 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50
:5th & COllerciai .50 .50 .50 .50 .50 .50 .50 .50 .50
j2nd ~ COllercial .75 .75 .75 .75 .75 .75 .75 .75 .75
47th Street LOO 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Euc lid livenue 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25
01no ~treet 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25
~aS5acnusetts 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25
.ellon Grove Depot 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25 1.25
;pring ';treet 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50
.a ftesa Hlvd. i.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50
lirOS9oDt Center 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50
'Iay. ilrive 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50
.1 Cajon Tr. Ctr. 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50
:KS.m
;~IL4/92
\
J'I~';7
.". ;ltE';0 iF"j~~E.i ~()NE rAr,E5
}r.'UUl Lint
earrlO rlaroor- raciI1C l~. C. '.C. C.'i. C.V. C.V. Pall Iris Deyer 3~n
LrJ~in nde lieet 6th St. i4th 5t. E St. ii St. raiolar Ave. Ave. 6ivci. "isiciro
Jisiiillp/Conv. ',~tr . .50 -, l.00 1.25 1.25 1.25 1.25 l.50 l.50 1.50 1.50 1.50
.1.)
~(Jnv . Cu. iieet .50 .75 l.00 1.25 1.25 1.25 U5 1.50 1.50 1.50 l.50 1.50
.ieavort .50 .75 1.00 1.25 1.25 1.25 1.25 1.50 1.50 1.50 1.50 1.50
tiaerica Plaza .50 .75 1.00 1.25 1.25 1.25 1.25 1.50 1.50 1.50 1.50 1.50
'~ivic (enter .50 .75 1.00 1.25 1.~5 U5 1.25 1.50 1.50 1.50 1.50 1.50
~iith Avenue .50 .75 1.00 1.25 U5 1.25 l.25 1.50 1.50 1.50 1.50 1.50
':ny C'Jliege .50 .75 1.00 l.25 1.25 1.25 1.25 1.50 1.50 1.50 1.50 1.50
~ari.et if 12th .50 .75 l.00 1.25 1.25 1.25 1.25 1.50 1.50 l.50 1.50 1.50
:Ji~erl7:li & i2th .50 .75 l.00 U5 1.25 1.25 1.25 1.50 1.50 1.50 1.50 1.50
~arrlO ~o~an .50 .75 1.00 1.25 1.25 U5 1.25 1.50 1.50 1.50 1.50
~itrtlorEHl.e .50 .50 .75 l.00 l.25 1.25 1.25 1.25 1.50 1.50 1.50
radiic Fleet .75 .50 .50 .75 1.00 1.25 1.25 U5 1.25 1.50 1.50
'atlOna1 City-dtn St. i.OO .75 .50 .50 .75 LOO U5 1.25 1.25 1.25 1.50
iational City-,4tb St. l.25 LOO .75 .50 .50 .75 1.00 1.25 1.25 1.25 1.25
'.:huia v'isu-i St. 1.25 1.25 l.00 .75 .50 .50 .75 1.00 1.25 1.25 1.25
(nul! Y15ta-n 5t. 1.25 1.25 1.25 1.00 .75 .50 .50 .75 1.00 1.25 1.25
\r 1.25 i.25 1.25 U5 1.00 .75 .50 .50 .75 1.00 1.25
ti:l~. avenue 1.50 1.25 1.25 1.25 1.25 1.00 .75 .50 .50 .75 1.00
iris ivenue 1.50 1.50 1.25 1.25 1.25 1.25 1.00 .75 .50 .50 .75
D€yer Div/]. 1.50 1.50 1.50 1.25 1.25 1.25 1.25 1.00 .i5 .50 .50
~an isidro 1.50 1.50 1.50 1.50 1.25 1.25 1.25 1.25 1.00 .75 .50
"5th & CO.lereial .75 1.00 1.25 1.25 1.25 1.25 1.50 1.50 1.50 1.50 1.50 1.75
j~nd ~ COllereiaj 1.00 1.25 1.25 1.25 1.25 1.50 1.50 1.50 1.50 1.50 1.15 1.75
mb Street 1.25 1.25 1.25 1.25 1.50 1.50 1.50 1.50 1.50 1.75 1.75 1.75
ouelid Avenue 1.25 1.25 1.25 1.50 1.50 1.50 1.50 1.50 1.75 1.15 1.75 1.75
62nd ~treet 1.25 1.25 1.50 1.50 1.50 1.50 1.50 1.75 1.75 1.75 1.75 1.75
!'!aBsacnuset ts 1.25 1.50 1.50 1.50 1.50 1.50 1.75 1.75 1.75 1.75 1.75 2.00
LelOD Grove uepot 1.50 1.50 1.50 1.50 1.50 1.75 1.75 1.75 1.75 1.75 2.00 2.00
Spung Street 1.50 1.50 1.50 1.50 1.75 1.75 1.75 1.15 1.75 2.00 2.00 2.00
.a Mesa Divd. 1.50 1.50 1.50 1.75 1.75 1.75 1.75 1.75 2.00 2.00 2.00 2.00
GrosBlont Center 1.50 1.50 1.75 1.75 1.75 1.75 1.75 2.00 2.00 2.00 2.00 2.00
I...ya urive 1.50 1.75 1.75 1.75 1.75 1.15 2.00 2.00 2.00 2.00 2.00 U5
~i Cajon Tr. Ctr. 1. 75 1.75 1.75 1.75 1.75 2.00 2.00 2.00 2.00 2.00 2.25 2.25
lRLFmS.m
~~
/'-1,,) B:
ATTACHMENT C
:ttt}}::::~t{::
...........................................~........_.D..........'.\t..'...........r......;.p....................~..............a....'.N......I!......E..~.......,....,..............~.~......,......tlt........'..'.E..'.......'....A.,...,..........~. ~1!p~~!mn~g$I
~~~\;i;i'U .. :J:r,,"- 0 :':}~{:}:~:t/t:;::::::::::::::::::::;::::.:.:.:.:.:.:,........'....
:.........y.....;.'...'....:.....
f~t(:){))j(
MTDB AREA . .
Imperial Beach $2.00
South San Diego $2.00
Chula Vista $2.00
National City $2.00
Coronado $2.00
San Diego (Central areas) $2.50
East County $2.00
Scripps Ranch $2.50
Mira Mesa $2.50
poway $2.00
Rancho Bernardo $2.50
Rancho Penasquitos
Carmel Mountain Ranch
Sabre Springs
NORTH COUNTY TRANSIT DISTRICTAREA
NCTO
$1.70 Peak
$1.00 9:00 am - 3:00 pm
NCTD fares set by NCTD Board
NJ/lFAFES,W<1
/9'.2 'j
li;n.~~~.>e4gMI;N1t#a.Me#a~~!l!$I;tlitiag$*a!;Gl!t>>~~tt1~$ltga.n~!;$;1
Imperial South Chula
Beach S.D. Vista
Nat.
Ci
Coro- San East Scripps
nado Diego Coun Ranch
~~:a Powa)' B~~~rrd ilil;Iiil;
Imperial Beach
$2.00
$2.00
$2.50
$2.50
$2.50
$2.50
$2.50
$3.00
$3.00
$3.50
$3.50
South San Diego
$2.00
$2.50
$2.50
$2.50
$2.50
$2.50
$3.00
$3.00
$3.50
$3.50
$2.00
Chula Vista
$2.50
$2.50
$2.00
$2.00
$2.50
$2.50
$2.50
$3.00
$3.00
$3.50
$3.50
National Ci
$2.50
$2.50
$2.00
$2.00 $2.00 $2.50
$2.50 $3.00 $3.00
$3.50
$2.50 $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 $3.00 $3.00 $3.50 $3.50
$2.50 $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 $3.00 $3.00 $3.50 $3.50
'- $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 $2.00 $3.00 $3.00 $3.50 $3.50
~
\w $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $2.50 $2.50 $3.50 $3.50
~
$3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $2.50 $2.50 $3.50 $3.50
$3.50 $3.50 $3.50 $3.50 $3.50 $3.50 $3.50 $3.00 $3.00 $2.00 $2.00
$3.50 $3.50 $3.50 $3.50 $3.50 $3.50 $3.50 $3.50 $3.50 $2.00 $2.50
...."...-........
~.j;lij:;I
mht::dM;:tlMl
II;III!;.I.........'...,.....
-:<;:,:::;::;::::::,.: ..... .
lildiii!l!l
tttm:~:iM::: ;_:..~:
....,.Ja{$Q....."...;.
>
~
>
n
:J:
3:
rr1
:z
-l
c
....,.........,............
::::~:::3:~::;::::::r::::~:::::::::::::::\::
lilllltilliiii
::::::::::::W~H::::::~::::::t:m~:
;~I.I.I'.ll.l.
:::~~r::.........:....,....._...........,.,..._._.
.........................:.,...:-:<.:.:.:.:.:
(a) $2.50 tolfrom NCro via La Jolla/UTC $3.50 tolfrom NCTD via Rancho Bernardo/North County Fair
(b) Includes Rancho Penasqultos, Carmel Mountain Ranch and Sabre Springs
(c) $1.70 (peak) $1.00 (9:00 am - 3:00 pm)
NJAFARES.\M(1
ATTACHMENT E
BUS AND TROLLEY TRANSFER UPGRADES
Transfer Fare
Fare
Paid .50 .75 1.00 1.25 1.50 1.75 2.00 2.25 2.50 2.75
.50 Free .25 .50 .75 1.00 1.25 1.50 1.75 2.00 2.25
.75 Free Free .25 .50 .75 1.00 1.25 1.50 1.75 2.00
1.00 Free Free Free .25 .50 .75 1.00 1.25 1.50 1.75
1.25 Free Free Free Free .25 .50 .75 1.00 1.25 1.50
1.50 Free Free Free Free Free .25 .50 .75 1.00 1.25
1. 75 Free Free Free Free Free Free .25 .50 .75 1.00
2.00 Free Free Free Free Free Free Free .25 .50 .75
2.25 Free Free Free Free Free Free Free Free .25 .50
2.50 Free Free Free Free Free Free Free Free Free .25
2.75 Free Free Free Free Free Free Free Free Free Free
NBF:paw
T -UNl FME. NBF
5/12/92
1t/-31
ATTACHMENT F
North County Fair
o Carmel Valley
\
Del Mar
Poway
own
EI Cajon
San Diego
Palo
\
1
Imperip.1 Beach
Chula Vista
1-
N
MTDB
Transit Centers
. Existing
O Proposed (Existing Sources. Private Funding.
and Sales Tax)
1'1 r 3-"
ATTACHMENT G
SUGGESTED PARATRANSIT TRANSFER SITES
For passenger and driver safety and convenience, operators may suggest that
transfers take place at existing transit centers, trolley stations and major
shopping and medical facilities.
VA Medical Center
Paratransit Service: City of San Diego Dial-A-Ride
Accessible Routes: 30, 34, 34A, 41, 50, 150, 301
Universitv Town Center Transit Center
Paratransit Service: City of San Diego Dial-A-Ride
Accessible Routes: 30, 34, 34A, 41, 50, 105, 150, 301, 310
Fashion Vallev Transit Center
Paratransit Service: City of San Diego Dial-A-Ride
Accessible Routes: 6, 16, 20, 25, 41, 43*, 81
*Planned route deletion September 1992 and addition of Route 13
Mission Valley Center (bus stoes at May Comeany entrances)
Paratransit Service: City of San Diego Dial-A-Ride
Accessible Routes: 6, 25, 43*, 81
*Planned route deletion September 1992 and addition of Route 13
San Dieao State University Transit Center
Paratransit Service: City of San Diego Dial-A-Ride
Accessible Routes: 11, 13, 36, 43*, 55, 81, 115
*Planned route deletion September 1992
Marketelace at the Grove Transit Center
Paratransit Service: City of San Diego Dial-A-Ride
Accessible Routes: 5, 16, 36, 105, 856
Euclid Transit Center
Paratransit Service: City of San Diego Dial-A-Ride
Accessible Routes: 3, 4, 5, 13, 16, 55, 105, 603, and Trolley
p/}J
Plaza Bonita (bus stOD at FDCUS/MontQomerv Wardl
Paratransit Services: City of San Diego Dial-A-Ride
National City WHEELS
Chula Vista Handy trans
Accessible Routes: 601, 602, 603, 604, 705, 711
Imoerial & 12th Transit Center
Paratransit Service: City of San Diego Dial-A-Ride
Coronado WHEELS (over Coronado Bridge)
Accessible Routes: 1, 4, 11, 901, 902, 903 and Trolley
24th Street Trollev Station
Paratransit Service: National City WHEELS
Accessible Routes: 601, 602, 604, and Trolley
Bavfront Trollev Station
Paratransit Service: Chula Vista HandY trans
Accessible Routes: 705, 706A, and Trolley
H Street Trollev Station
Paratransit Service: Chula Vista HandYtrans
Accessible Routes: 701, 702, 703, 704, 706, 707, 709 and Trolley
Iris Street Transit Center
Paratransit Service: Imperial Beach WHEELS
Accessible Routes: 901, 933, 934, and Trolley
Palm Avenue Trollev Station
Paratransit Service: Imperial Beach WHEELS
Accessible Routes: 933, 934, and Trolley
Parkwav Plaza
Paratransit Service: East County WHEELS
Accessible Routes: 115, 846, 847, 848, 858, 864, 871, 872, 888, 894
Grossmont Transit Center
Paratransit Service: East County WHEELS
Accessible Routes: 15, 81, 854, 888, 894 and Trolley
-2-
1'I'3i
El Caion Transit Center
Paratransit Service: East County WHEELS
Accessible Routes: IS, 846, 847, 848, 852, 858, 864, 870, 871, 872, 888,
894
Pomerado Hosoital
Paratransit Service: Poway Call-A-Ride
Accessible Routes: 844, 845
Oceanside Transit Center (200 block S. Tremont Street)
Paratransit Service: Lifeline
Accessible Routes: 301, 302, 303, 305, 310, 312, 313, 314, 316, 317, 318,
320, 800
Cardiff Towne Center (Birmin9ham Drive & Newcastle Avenue)
Paratransit Service: Lifeline
Accessible Routes: 301, 304, 308, 309, 310, 361
Vista Transit Center (Broadway & Santa Fe Avenue)
Paratransit Service: Lifeline
Accessible Routes: 302, 306, 311, 318, 320, 331, 335
Plaza Camino Real (Hi9hway 78 & Marron Road - May Company)
Paratransit Service: Lifeline
Accessible Routes: 302, 309, 310, 311, 312, 316, 320, 321, 322
Escondido Transit Center (600 block Valley Parkway)
Paratransit Service:
Accessible Routes:
Lifeline
302, 307, 308, 320, 381, 382, 384, 384X, 385, 388, 810
North Count v Fair Transit Center (Bear Valley Parkway, Escondido)
Paratransit Service: Lifeline
Accessible Routes: 20, 320, 382, 384
NBF:nbf:paw
UNIFORMG.NBF
5/12/92
-3-
~~
ATTACHMENT H
REGIONAL PASS UPGRADES
T 532.92
Pass Value $45 $47 $52 $57 $60 $65 $70
Cash Equivalent $1. 25 $1. 50 $T:75 $2.00 $2.25 $2.50 $2.75
Uoorade to Bus Cash Fare
$1.00 NR NR NR NR NR NR NR
$1. 25 NR NR NR NR NR NR NR
$1. 50 $0.25 NR NR NR NR NR NR
$1. 75 $0.50 $0.25 NR NR NR NR NR
$2.00 $0.75 $0.50 $0.25 NR NR NR NR
$2.25 $1.00 $0.75 $0.50 $0.25 NR NR NR
$2.50 $1. 25 $1.00 $0.75 $0.50 $0.25 NR NR
$2.75 $1. 50 $1. 25 $1.00 $0.75 $0.50 $0.25 NR
All Trolley Trips $0.25 NR NR NR NR NR NR
NR = None Required
Notes: Upgrades to DART services may vary.
All passes (including Senior/Disabled and Youth) have $1.50 cash equivalent
when used to board SDCTS Rural Routes.
TDA 4.0 General Public Dial-A-Ride Services do not accept the Regional Pass.
ADA Complementary Paratransit Services do not accept the Regional Pass,
except as a $0.60 credit towards the transfer upgrade payment to the ADA
complementary paratransit vehicle.
NBF:nbf:paw
UNIFORMH.NBF
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/ 'I ~3/P
ATTACHMENT I
REGIONAL PASS AND TICKET USAGE
Operator
Month of
19
1. Total number of Adult monthly pass users carried:
Ia. Total number by route for Express, Premium Express and Commuter
Express routes:
Route No. Adult Pass Boardings
Route No. Adult Pass Boardings
Route No. Adult Pass Boardings
Route No. Adult Pass Boardings
Route No. Adult Pass Boardings
2. Total number of Senior/Disabled monthly pass users carried:
3. Total number of Youth regional monthly pass users carried:
4. Total number of $1. 25 IO-Pack Tickets received:
5. Total number of $1. 50 IO-Pack Tickets received:
6. Total number of $2.00 IO-Pack Tickets received:
7. Total number of $2.25 IO-Pack Tickets received:
8. Total number of $2.50 IO-Pack Tickets received:
9. Total number of $2.75 IO-Pack Tickets received:
I hereby certify that the figures stated above for regional monthly pass and
ticket usage are accurate.
General Manager
Date
Compil ed by:
Name
Date
Submitted to SANDAG on
NBF:nbf:paw
UNIFORMI.NBF
5/12/92
/t./~3?
ATTACHMENT J
ADULT PASS
REVENUE ALLOCATION FORMULA
PROCEDURE DESCRIPTION
The base pass price of $45 is retained from all $45, $47, $52 and $57 passes
sold. The $60, $65, and $70 passes are not part of the formula except that
three percent of the total revenue from the $60, $65, and $70 passes is
retained for the region and combined with the $45 base revenue. (The three
percent represents the transfer rate on the County Transit System Express
routes that accept the $60, $65, and $70 passes. County Transit System
Express keeps all the remaining $60, $65, and $70 pass revenue.) The base
pass revenue is then allocated to each operator that accepts $45 through $57
passes based on the operator's percentage of regional pass boardings for all
adult passes. Then, revenue for each $2 or $5 pass price increment from the
$47, $52 and $57 passes is allocated proportionally to those operators
accepting that particular value or a higher value (up to $57) pass.
PASS REVENUE ALLOCATION PROCEDURE
SteD 1
la. The total number of $45 through $57 Adult passes sold * $45 + three
percent of $60, $65, and $70 Adult pass revenue = $45 pass base revenue.
lb. The total number of $45 through $57 pass riders on all routes operated
by operator "x" + the total number of $45 through $57 pass riders on all
routes operated by all operators. proportion of $45 pass base revenue
allocated to operator "x."
lc. la * Ib = $45 base pass revenue allocated to operator "x."
SteD 2
2a. The total number of $47, $52 and $57 passes sold * $2 = $47 pass
incremental revenue.
2b. The total number of $47, $52 and $57 pass riders on all routes requiring
$47, $52, $57 passes operated by operator "x" + the total number of $47,
$52, $57 pass riders on all routes requiring $47, $52 and $57 passes
operated by all operators. proportion of $47 pass incremental revenue
allocated to operator "x." .
2c. 2a * 2b . $47 pass incremental revenue allocated to operator "x."
J'I-:J2"
Steo 3
3a. The total number of $52 and $57 passes sold * $5 = $52 pass incremental
revenue.
3b. The total number of $52 and $57 pass riders on all routes requiring $52
and $57 passes operated by operator .x. + the total number of $52 and
$57 pass riders on all routes requiring $52 and $57 passes operated by
all operators - proportion of $52 pass incremental revenue allocated
to operator .x."
3c. 3a * 3b - $52 pass incremental revenue allocated to operator "x."
Steo 4
4a. The total number of $57 passes sold * $5 = $57 pass incremental revenue.
4b. The total number of $57 pass riders on all routes requiring $57 passes
operated by operator .x" + the total number of $57 pass riders on all
routes requiring $57 passes operated by all operators - proportion of
$57 pass incremental revenue allocated to operator "x."
4c. 4a * 4b = $57 pass incremental revenue allocated to operator "x."
Steo 5
5a. The total $60, $65, and $70 pass revenue (minus the three percent
included in the $45 pass base) is allocated to those County Transit
System Express services that accept $60, $65, and $70 passes.
NBF: nbf: paw
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5/12/92
-2-
/t./--3?
ATTACHMENT K
SENIOR/DISABLED AND YOUTH
PASS REVENUE ALLOCATION FORMULA
The total number of pass riders (by category) on all routes operated by
operator "x," divided by the total number of pass riders (by category) on all
routes operated by all operators equals the proportion of pass revenue (by
category) allocated to operator "x."
NBF:nbf:paw
UNIFORMK.NBF
5/12/92
/t/-L/~
ATTACHMENT L
IO-PACK TICKET
REVENUE ALLOCATION FORMULA
1. 10-Pack ticket revenue allocation is to be calculated separately for the
following ticket types: $1.25 IO-Pack tickets, $1.50 IO-Pack tickets,
and $1.75/$2.00 10-Pack tickets.*
2. All revenue from ticket sales is allocated each month, regardless of the
relationship between ticket sales and use.
3. Each operator's monthly ticket boardings for a particular month are
calculated by averaging the current month's and past two months'
boarding counts. (Thus, the ticket boarding counts are a revolving
average.) SANDAG will calculate the average monthly boarding counts.
4. Each operator's monthly percent share of ticket revenue is determined as
foll ows: .
o Average monthly ticket boardings for operator "x" + total average
monthly ticket boardings for all operators combined.
5. Ticket revenue allocated to each operator is determined as follows:
o Percent share of monthly ticket revenue (from Step 3) for
operator "x" multiplied by the total ticket sales revenue for that
month.
* $2.25, $2.50 and $2.75 10-Pack ticket revenue (minus three percent retained
for the region) is allocated to San Diego County Transit System Express
services that accept the $2.25, $2.50 and $2.75 10-Pack tickets.
NBF:nbf:paw
UN I FORML. NBF
5/12/92
/LJ-(/
ATTACHMENT M
TRANSNET PASS SUBSIDY ALLOCATION PROCEDURE
OBJECTIVE
To allocate TransNet pass subsidies in a manner that ensures each operator
receives pass revenue (sales and subsidies) in an amount equal to pass sales
revenue received prior to TransNet.
STEPS
1. Determine individual operator percent of countywide boardings (from
operator counts).
2. Allocate pass sales revenue based on Step 1.
3. Total MTDB area operator percent share to determine MTDB area share of
countywide boardings (NCTD share. remaining).
4. Determine pass sales attributable to MTDB/NCTD boardings.
(MTDB percent x number of countywide passes sold;
NCTD percent x number of countywide passes sold)
5. Multiply MTDB passes sold x $11.50 (senior/disabled) or $24.00 (youth)
subsidy/pass. MTDB area TransNet subSidy pool (see below*). (NCTD
TransNet subsidy pool = NCTD passes x $ determined by NCTD)
6. Recalculate individual operator percent share of boardings for MTDB area
only.
7. Apply operator shares to MTDB TransNet subsidy pool. individual
operator TransNet subsidy.
8. Steps 2 + 6 . total operator pass revenue.
* Base price for senior/disabled is 50 percent of $45 pass. Therefore,
TransNet subsidy/pass is: $22.50 - $11.00 pass revenue. $11.50 subSidy/pass.
* Base price for youth is 100 percent of $45 pass. Therefore, TransNet
subSidy/pass is: $45.00 - $21.00 pass revenue - $24.00 subsidy/pass.
NBF:nbf:paw
UNIFORMM.NBF
5/12/92
4~
ATTACHMENT N
REVENUE ALLOCATION
FOR TRANSFER UPGRADE ON FIRST VEHICLE POLICY
Beginning July 1 1988, the MTS operators implemented a policy to allow
passengers to pay transfer-upgrade fares on the first or second vehicle.
(Previous policy required upgrade payment on the second vehicle only.) The
new policy meant that operators previously receiving upgrade fares may no
longer receive them, and those not previously receiving upgrades may now
collect the revenue. Due to this, area operators conducted a transfer survey
in 1987 to estimate which operators would be negatively and positively
impacted by the new policy. Based on the results, four positively-impacted
operators agreed to allocate revenue to San Diego Trolley (the only
negatively-impacted operator) as follows:
Year Month
San Diego Transit $ 7,500 $ 625
Chula Vista Transit 10,000 833
National City Transit 7,500 625
County Transit System 5.500 458
$30,500 $2,541
The monthly amounts shall be deducted from each operator's monthly pass
revenue/TransNet subsidy check, as appropriate, and the sum of the deductions
added to Trolley's monthly check.
NBF:nbf:paw
UNIFORMN.NBF
5/12/92
1'/,-'13
COUNCIL AGENDA STATEMENT
Item
/5
ITEM TITLE:
Meeting Date 8/4/92
Resolution /~ 7L/tl Appropriating funds, accepting bids,
and awardi ng contract for "Orange Avenue Reconstruct i on from
Lorna Lane to Max Avenue in thA~' C~ of Chula Vista, CA"
Director of Public Works~Jt~
City Manager~l b~'~~ . (4/5ths Vote: Yes-X-No___)
SUBMITTED BY:
REVIEWED BY:
At 2:00 p.m. on July 8, 1992, in Conference Room 3 in the Public Services
Building, the Director of Publ ic Works received sealed bids for "Orange Avenue
Reconstruction from Lorna Lane to Max Avenue in the City of Chula Vista, CA."
Work includes removal of alligatored pavement areas in the north side of
Orange Avenue and grinding of other existing pavement areas, asphalt concrete
paving, installation of pavement fabric, installation of "French Drain"
system, traffic control, construction surveying and other miscellaneous work.
RECOMMENDATION: That Council:
1. Appropriate $45,602.62 from the unappropriated fund balance of Fund
253- Transportat i on Partnershi p Fund to "Orange Avenue Reconstruct i on -
ST-133B.
2. Accept bids and award contract to Superior Ready Mix Concrete L.P. in the
amount of $84,742.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Orange Avenue reconstruction project from Lorna Lane to Max Avenue was
authorized for funding in FY 1990-91. The purpose of this project is to
remove deteriorated and failed pavement sections on the north side of Orange
Avenue and replace it with new pavement. The installation of a "French Drain"
system wi 11 intercept subterranean water from the landscaped medi an which has
in the past contributed to the deterioration and failure of the street
pavement. A pavement fabric will be placed which will prevent surface water
from seeping through the pavement into the underlying base and subgrade.
Bi ds for the Orange Avenue Reconstruct i on project recei ved from six
contractors as follows:
1. Superior Ready Mix Concrete L.P. - San Diego
2. Daley Corporation - San Diego
3. Caves, Inc. - San Diego
4. Southland Paving, Inc. - Escondido
5. Sim J. Harris Company - San Diego
6. Granite Construction Company - San Diego
$84,742
92,822
94,650
98,366
98,440
98,494
/5"' /
Page 2, Item
Meeting Date 8/4/92
/5
The low bid by Superior Ready Mix Concrete L.P. is below the engineer's
estimate of $87,909 by $3,167 or 3.60%. It is staff's recommendation that the
contract be awarded to Superior Ready Mix Concrete L.P.
Attached is a copy of the Contractor's Disclosure Statement.
FINANCIAL STATEMENT:
a. Funds Required for Construction
1. Contract Amount
2. Contingencies (approx. 10%)
3. Staff Costs (design & inspection)
Total Funds Required for Construction
b. Funds Available for Construction
$ 84,742.00
8,500.00
25.758.00
$119,000.00
1. Orange Avenue Reconstruction ST-1338 $ 73,397.38
2. Appropriation of funds from unappropriated
balance of Fund 253- Transportation
Partnership Fund (SB 300 reimbursement)
Orange Avenue Reconstruction
ST-133B 45.602.62
Total Funds Available for Construction
$119,000.00
FISCAL IMPACT:
Additional funds are being requested for this project to cover added
construction and staff costs. The final design requires the removal and
rep 1 acement of a 1 arge port i on of the exi st i ng Asphalt Concrete Pavement due
to deterioration and failure. The top 1 1/2 inches of the remaining pavement
will be removed by cold mi 11 i ng and then wi 11 be overl ayed with new asphalt
concrete pavement. The amount of work required was more extensive then
ori gi na lly anti ci pated, yet is requi red to prevent the probl em of pavement
deteri orat i on from occurri ng due to surface and subterrani a 1 waters. After
construction, the street will require only routine maintenance.
Routine City Maintenance.
WPC 6086E
MA:AX-119
/5',).
MEMQRAtf!HlM
July 15, 1992
File: AX-119
TO: John Goss, City Manager
Bruce Boogaard, City Attorney
Lyman Christopher, Director of Finance
Beverly Authelet, City Clerk
Roberto Saucedo, Senior Civil Engineer
FROM: John Lippitt, Director of Public Works
SUBJECT: Resolution Appropriating funds, accepting bids and awarding
contract for "Orange Avenue Reconstruct i on from Lorna Lane to Max
Avenue in the City of Chula Vista, CA"
Funds Reauired for Construction
A. Contract Amount
B. Contingencies
C. Staff Cost (design & inspection)
Total Funds for Construction
$ 84,742.00
8,500.00
25.758.00
$119,000.00
Funds Available for Construction
A. Account No. 250-2501-STI33B
Orange Avenue Reconstruction
$ 73,397.38
B. Appropriation from Unappropriated Gas Tax
Fund 253-Transportation Partnership Fund
to Orange Avenue Reconstruction
45.602.62
$119,000.00
WPC 6087E
15'-- 3 //5..1{
THE CITY OF CHUU VISTA PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or campaign contnbutions, on all matters
which will require discretionary action on the part of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
1.
Ust the names of all persons having
subcontractor.! material supplier.
S...?g/.IJt. f(('Ji)} ,.,/~ (.rn'utd-t- J... p.
J,,-c.r6 l),c.v~ 11t.(5/~
,c~ctJ &.)",~ VIe..<- j/;v!,II~
a financial interest in the contract, i.e., contractor,
~/II(!/../) t/<wr""",p 5(,C~
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'-L
J 5i1..\..J~ r",.w;fmM';rs;
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 trustrJ( Xl
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. Rlease identify each and every person, including any agents, employees, consultants or independent
contract9rs who you have assigned to represent you before the City in this matter.
fJ/ I'J .
6. Have you and/or your officers or agents, in the aggregate, contnbuted 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 iNiMdual, Jiml, co-parrnuship, joint venture, association, socinl club, fraternal organization, corporalion,
eslate, rrust, receiver, syndicate, this aNi any other county, city aNi country, cilY, municipality, district or other political subdivision,
or any other group Dr combination acting as a unit,. c--...-<:::::J
(NOTE: Attach additional pages as necessary) c- ~ _ ______
Date: 7-7 -'1'- X
Signature of cop tractor/applicant
t-f.€1>' 13R:tJuvJ-<-V
s...P~l.kJ\... lr r/X Cor:c..r.de..., L. P.
1/" J../ Print or type n e of contractor/applicant
1,~'JJ:\,-\:DISCLOSE.'DIT] ,;:;J' I (Revised'lII3OI9OJ
RESOLUTION NO.
1(,711)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS, ACCEPTING
BIDS, AND AWARDING CONTRACT FOR "ORANGE AVENUE
RECONSTRUCTION FROM LOMA LANE TO MAX AVENUE IN
THE CITY OF CHULA VISTA, CA"
WHEREAS, at 2:00 p.m. on July 8, 1992, in Conference Room
3 in the Public Services Building, the Director of Public Works
received the following six sealed bids for "Orange Avenue
Reconstruction from Loma Lane to Max Avenue in the city of Chula
vista, Ca.":
Superior Ready Mix Concrete L.P. - San Diego
Daley Corporation - San Diego
Caves, Inc. - San Diego
Southland Paving, Inc. - Escondido
Sim J. Harris company - San Diego
Granite Construction company - San Diego
$84,742
92,822
94,650
98,366
98,440
98,494
WHEREAS, the low bid by Superior Ready Mix Concrete L.P.
is below the engineer's estimate of $87,909 by $3,167 or 3.60% and
it is staff's recommendation that the contract be awarded to
Superior Ready Mix Concrete L.P., who has assured the City that
they are a licensed contractor in the State of California and can
produce an acceptable performance bond.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista has reviewed the specifications for the
construction of Orange Avenue 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 Orange Avenue reconstruction to Superior Ready Mix
concrete, L. P. in the amount of $84,742.
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 $45,602.62 is
hereby appropriated from the unappropriated fund balance of Fund
253-Transportation Partnership Fund to Orange Avenue Reconstruction
- ST-133B.
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
"1
Presented by
15,,5'
COUNCIL AGENDA STATEMENT
Item
lIP
ITEM TITLE:
Meeting Date 8/4/92
Resolution Ilp7'!1 Approving agreement for material
testing services between the City of Chula vista and
Law/Crandall, Inc., and auth;:;riZi g the Mayor to execute
on behalf of the City
Director of Public Work~
City Manage~~G \y~O~\ (4/sths Vote: Yes___No~)
SUBMITTED BY:
REVIEWED BY:
The construction of public works infrastructure improvements requires
the use of quality materials to assure their longevity and usefulness to
their owner. To assure that we continue to obtain quality improvements,
the City needs to obtain material testing services for projects built
with both public and private funds. These services will provide our
inspectors with the ability to assure that the materials supplied to
construct the City'S infrastructure meet the project's specifications.
Following the RFP processes, staff has negotiated a contract with
Law/Crandall, Inc. to provide material testing services for the FY 92-93
period.
RECOMMENDATION: That Council approve the agreement and authorize the
Mayor to execute on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The construction of public works infrastructure improvements requires
the use of quality materials to assure their longevity and usefulness to
their owner. To assure the quality of the improvements, the city of
Chula vista has adopted construction regulations such as the Regional
Standard Specifications for Public Works Construction (Green Book),
CalTrans Standard Specifications, and City special provisions. These
specifications require the use of quality materials in the construction
of public works infrastructure improvements. The city does not have
either the staff or equipment to perform these highly specialized tests.
To assure that materials meet the city's specifications we obtain
certifications from the manufacturers and require supplemental testing
on a project-by-project basis. The testing of construction materials
require experienced personnel and a well equipped laboratory. To this
effect, we advertised for material testing services and received
responses to our RFP from six companies. The proposals listed in order
of preference are as follows:
/~-/
Page 2, J:tem
Meeting Date 8/4/92
JIP
1. Law/Crandall, Inc.
2.Klienfelder
3.United states Testing company, Inc.
4.Leighton & Assoc. Inc.
S.PSI, Inc.
6.Ninyo and Moore
The selection committee, composed of a Principal Management Assistant
from the city Manager's Office, Parks Superintendent, an Engineering
Assistant with Materials lab experience and a civil Engineer from the
Engineering Division, and the County of San Diego's Material Testing
Laboratory Director looked at the quality of each firms laboratory
facilities, the experience and training of personnel, the ability to
respond in a timely manner when requested, and cost. The committee
agreed that Law/Crandall, Inc., would best serve the city's interest.
In addition, a major factor in the selection of Law/Crandall, Inc., is
the fact that they are the recognized regional experts in the testing of
asphalt concrete pavements.
Staff looked at two other alternatives. The first is to contract with
the county for our materials testing. This was discussed with the
County's Material testing Laboratory Director who, basically, advised us
that they would have to put their work as a priority over our work and,
if a scheduling conflict arose, our job would have to wait. Further,
the County could not commit to specific costs for each test, but would
have to charge us actual cost at their equivalent of our full cost
recovery rate. Thus, we would not have the ability to control our costs
with firm prices for each test.
The second option was to set up our own laboratory. This would require,
at the minimum, a civil Engineer, at least one field technician and one
laboratory technician. Depending on work load we could also require
more personnel on a periodic basis and, conversely, may not be able to
keep the three staff busy during slow times. Our own lab would also
require the purchase of a minimum of two pickup trucks and a wide range
of sophisticated laboratory equipment to perform all of the tests
included in the contract. While we cannot estimate the initial setup
costs, the annual ongoing costs for personnel alone would be $162,000.
Staff, therefore, has negotiated a contract with Law/Crandall Inc., to
obtain the needed material testing services for FY 1992-93. The
contract also provides for two one-year extensions, provided both
parties consent and agree on the method of compensation. Contract
extension(s) would be negotiated two months prior to expiration of the
contract and would have to be approved by the Council. A possible
extension of up to two years was provided for in the request for
proposals and the proposed contract to encourage better bids by giving
the possibility of a longer term contract, to avoid the time consuming
selection process every year, and for better continuity on our projects
by having the same materials testing firm.
/~~~
paqe 3,:It_ ) (p
Meetinq Date 8/4/92
The services to be provided include job site testing and plant
inspections. The extent of these services will be determined on a
project-by-project basis and will cover both private and public
projects. The fees for these services will be based on a fee schedule,
which varies depending on the test/service provided. staff was very
adamant in negotiating the fee schedule that the costs should be equal
to or lower than, last years contract. Therefore, the contract as
presented provides for a fee schedule that, on the average, is equal to
that negotiated with last year's material testing services consultant.
While some tests are higher, and some lower, than last years contract,
the test we use most often are at the same rate. Staff estimates that
during the FY 1992-93 period, the consultant will provide material
testing services on an intermittent basis at a cost of about $100,000.
The agreement provides that the consultant shall only assign those
individuals specifically approved by the City and that substitutes or
replacements shall also be approved. It further grants the City the
right to terminate the contract in the event consultant is unable to
provide acceptable personnel. If it becomes necessary to terminate the
contract, the city would select a replacement firm from the list shown
above.
Funding for the material testing services contract will be obtained from
developer inspection fees and from approved Capital Improvement Program
(CIP) funds. There will be no additional expense to the city's General
Fund.
FISCAL IMPACT: The estimated maximum cost of this contract totals
$100,000. However, there is no cost to the city General Fund because
the charges will be paid from developers fees or approved CIP projects.
CLS:RS/LA WCRAN
KY-{)13
It-- 3/16--1-
RESOLUTION NO.
/(,7'11
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT FOR MATERIAL
TESTING SERVICES BETWEEN THE CITY OF CHULA
VISTA AND LAW/CRANDALL, INC., AND AUTHORIZING
THE MAYOR TO EXECUTE ON BEHALF OF THE CITY
WHEREAS, the construction of public works infrastructure
improvements requires the use of quality materials to assure their
longevity and usefulness to their owner, and
WHEREAS, to assure that we continue to obtain quality
improvements, the City needs to obtain material testing services
for projects built with both public and private funds which will
provide the inspectors with the ability to assure that the
materials supplied to construct the city's infrastructure meet the
project's specifications; and
WHEREAS, following the RFP processes, staff has
negotiated a contract with Law/Crandall, Inc. to provide material
testing services for the FY 92-93 period.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve an agreement with
Law/Crandall for material testing services, a copy of which is on
file in the office of the city Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
agreement for and on behalf of the city of Chula vista.
John P. Lippitt, Director of
Public Works
ruce M.
Attorney
Presented by
:Z(
C:\rs\lawcrandaU
/~ - s / ",,/,
Agreement between
City of Chula vista
and
Law Crandall, Inc
for
Material Testing Services
This agreement ("Agreement"), dated August 4, 1992 for the
purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("city"), whose business form is
set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the
following facts:
Recitals
Whereas, the City desires to have construction material
testing in conjunction with various capital improvement projects in
which it engages and in conjunction with specification compliance
on construction projects engaged in by various private parties
which the City is required to review; and,
Whereas, Consultant desires to perform these services for the
City at the price and on the terms herein specified; and,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
OBLIGATORY PROVISIONS
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the
I?-?
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
. Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being
of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to
complete the Defined Services by the times indicated does not,
except at the option of the City, operate to terminate this
Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from
time to time reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional consulting
services related to the Defined Services ("Additional Services"),
and upon doing so in writing, if they are wi thin the scope of
services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed
fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and
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July 26, 1992
Consultant Agreement for Materials Testing
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subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss by
the following insurance coverages, in the following categories, and
to the limits specified, policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation
Liability Insurance coverage in the
attached Exhibit A, Paragraph 9.
Insurance
amount set
and Employer's
forth in the
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A,
Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by consultant, which
names City and Applicant as an Additional Insured, and which, in
respect to Consultant's negligence or other willful acts, is
primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City in the same
manner as members of the general public ("Cross-liability
Coverage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under this
Agreement, by delivery of certificates of Insurance demonstrating
same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage,
Primary Coverage and Cross-liability Coverage required under
Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
2. Duties of the City
A. Consultation and Cooperation
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Consultant Agreement for Materials Testing
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city shall regularly consult the Consultant for the purpose of
reviewing the progress of the Defined Services and Schedule therein
contained, and to provide direction and guidance to achieve the
objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the
term of the agreement. In addition thereto, City agrees to provide
the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the
provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
City shall compensate Consultant for all services rendered by
Consultant according to the terms and conditions set forth in
Exhibit A, Paragraph 11 adjacent to the governing compensation
relationship indicated by a "checkmark" next to the appropriate
arrangement, and shall compensate Consultant for out of pocket
expenses as provided in Exhibit A, Paragraph 12.
3. Administration of Contract
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied
with all executory provisions hereof.
5. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an
"FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required statement of Economic Interests in such
reporting categories as are specified in Paragraph 15 of Exhibit A,
or if none are specified, then as determined by the city Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant I s position to influence a
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July 26, 1992
Consultant Agreement for Materials Testing
Page 4
/6 -It)
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, whatsoever in any property which may be the
subject matter of the Defined Services, or in any property within
2 radial miles from the exterior boundaries of any property which
may be the subject matter of the Defined Services, ("Prohibited
Interest"), other than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of
future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates
in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be
made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire
any such Prohibited Interest within the Term of this Agreement, or
for 12 months after the expiration of this Agreement, except with
the written permission of City.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of city.
6. Hold Harmless
Consultant shall defend, indemnify and hold harmless the City,
its elected and appointed officers and employees, from and against
all claims for damages, liability, cost and expense incurred
(including without limitation reasonable attorneys' fees) arising
out of the negligent conduct of the Consultant, or any agent or
employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for
those claims arising from the negligence or willful conduct of the
city, its officers, or employees. Consultant's indemnification
shall include any and all costs, expenses, attorneys' fees and
liability incurred by the City, its officers, agents, or employees
in defending against such claims, whether the same proceed to
judgment or not. Further, Consultant at its own expense shall,
upon written request by the 'City, defend any such suit or action
brought against the City, its officers, agents, or employees.
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July 26, 1992
Consultant Agreement for Materials Testing
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Consultants' indemnification of City shall not be limited by any
prior or subsequent declaration by the Consultant.
7. Termination of Agreement for Cause
If Consultant shall fail to fulfill in a timely and proper
manner Consultant's obligations under this Agreement, or if
Consultant shall violate any of the covenants, agreements or
stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of
such termination and specifying the effective date thereof at least
five (5) days before the effective date of such termination. In
that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by
Consultant shall, at the option of the city, become the property of
the City, and Consultant shall be entitled to receive just and
equitable compensation-for any work satisfactorily completed on
such documents and other materials up to the effective date of
Notice of Termination, not to exceed the amounts payable hereunder,
and less any damages caused city by Consultant's breach. Use of
such work documents or materials by the City is at the City's sole
discretion and risk.
8. Termination of Agreement for Convenience of city
ci ty may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In
that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the city,
become City's sole and exclusive property. If the Agreement is
terminated by city as provided in this paragraph, Consultant shall
be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials
to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein due to such
termination for the convenience of the City. Use of such work
documents or materials by the City is at the City's sole discretion
and risk.
9. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of city, which City
may not unreasonably deny.
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Consultant Agreement for Materials Testing
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10. Ownership, PUblication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement (Consultant's Work
Product") shall be the sole and exclusive property of City. No
such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights or
patent rights by Consultant in the united states or in any other
country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be
limited by the provisions of the Public Records Act), distribute,
and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials
or properties produced under this Agreement. However, it is
expressly understood and agreed that City's use or re-use of
Consultant's Work Product, except as expressly set forth and agreed
to hereunder (Exhibit A, Paragraph 8) is at the City's sole
discretion and risk and without liability to Consultant.
11. Independent Contractor
City is interested only in the results obtained and Consultant
shall conform as an independent contractor with sole control of the
manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's
agents, employees or representatives are, for all purposes under
this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to
any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits.
12. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the city unless a claim has first been presented
in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the
Chula vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference
as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over the
terms of this Agreement.
13. Attorney's Fees
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Consultant Agreement for Materials Testing
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Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense of
the claim, including costs and attorney's fees.
14. Statement of Costs
In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or document.
15. Miscellaneous
A. Consultant not authorized to Represent city
Unless specifically authorized in writing by city, Consultant
shall have no authority to act as City's agent to bind City to any
contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate broker
or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers
or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to
be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the united States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement and
understanding between the parties relating to the subject matter
hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such
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July 26, 1992
Consultant Agreement for Materials Testing
Page 8
JIP ~/t(
amendment, waiver or discharge is sought.
E. capacity of Parties
Each signatory and party hereto hereby warrants and represents
to the other party that it has legal authority and capacity and
direction from its principal to enter into this Agreement, and that
all resolutions or other actions have been taken so as to enable it
to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the state of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[End of page.
Next page is signature page.]
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July 26, 1992
Consultant Agreement for Materials Testing
Page 9
~~
Signature Page
to
Agreement between City of Chula vista and Law Crandall, Inc.
for Material Testing Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated:
19_
City of Chula vista
by:
Tim Nader, Mayor
Dated:
aw
Thomas H. Chapman
Manager, Materials Engineering
B .
Exhibit List to Agreement
(Xl Exhibit A.
(Xl Exhibit B.
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Consultant Agreement for Materials Testing
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/~~/6
Exhibit A
to
Agreement between
City of Chula Vista
and
Law Crandall, Inc.
1. Effective Date of Agreement: 8/4/92
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State
of Cal ifornia
() Redevelopment Agency of the City of Chula Vista, a political
subdivision of the State of California
() Industrial Development Authority of the City of Chula Vista,
a
() Other:
business form]
a
[insert
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Law Crandall, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
10037 Barnes Canyon Road, Suite A
San Diego, CA 92121
Voice Phone - 458-9379
Fax Phone - 458-0541
7. General Duties:
Provide material testing and geotechnical engineering services.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
/1/ -/7
Exhibit A
Page 2
SECTION A. - SOILS TESTING
1. Laboratory Maximum Density tests in accordance with ASTM
D-1557, Method C.
2. Density of Soil in Place by the Sand-Cone method in accordance
with ASTM D-1556.
3. Density of Soil and Soil Aqqreqate in olace by the Nuclear
method in accordance with ASTM D-2922.
4. Moisture content of Soil and Soil Aqqreqate in olace by the
Nuclear method in accordance with ASTM D-3017.
The work shall be paid for on a per test basis which shall include
all costs such as testing, trayel time, reports, etc. Tests 3 and 4
are to be combined and paid for as one test. There will be a
minimum of 3 tests per trip for any combination of tests 2 or 3 and
4.
SECTION B. - CONCRETE TESTING
1. Comoressiye Strenqth of Cylindrical Concrete Soecimens in
accordance with ASTM C-39.
The work shall be paid for on a per test basis which shall include
all costs such as testing, trayel time to pick-up samples, reports,
storing of specimens, furnishing test cylinders, etc.
SECTION C. - BITUMINOUS/ASPHALT CONCRETE TESTING
1. Ouantitatiye Extraction of Bitumen from Bituminous Payinq
Mixtures in accordance with ASTM D 2172, Method B or California
Test 362.
2. Sieye or Screen Analysis of Fine and Coarse Aqqreqates in
accordance with ASTM C 136 or California Test 202.
3. Sand Equiyalent Value of Soils and Fine Aqqreqate in accordance
with ASTM D 2419 or California Test 217.
4. Loss in LA Rattler in accordance with California Test 211.
5. Swell in accordance with California Test 305.
6. Maximum Density Determination of Asohalt Concrete by the Hyeen
Method in accordance with ASTM D 1560 and D 1561 or California
Test 304.
J~ -;I r
Exhibit A
Page 3
7. Theoretical Maximum Densitv Determination of Asohalt Concrete
in accordance with ASTM D 2041.
8. Stabilometer Value of Asohalt Concrete in accordance with
California Test 366.
9. Densitv of Bituminous Concrete in Place bv Nuclear Method in
accordance with ASTM D 2950.
The work shall be paid for on a per test basis which shall include
all costs such as testing, travel time, reports, etc. There will be
a minimum of 5 tests per trip for test 9.
SECTION D. - PLANT INSPECTION
Provide full-time plant inspection of Asphalt Concrete and Portland
Cement Plants to assure proper operation, and proportioning in
accordance with requirements of project specifications. Including
certification and reports of monitoring and required corrections and
adjustments. Payment shall be per hour for time spent at the plant.
SECTION E. - "R" VALUE TESTS
"R"existence Value Tests of Soils in accordance with ASTM D-1557
shall be provided on samples of material selected by the City and
picked up by the Laboratory at the site. Test results reported
shall include a description of the materials,. "R" value containers
shall be supplied by the laboratory.
SECTION F.
Geotechnical/soil engineering services for City projects during
earthwork construct i on ope rat ions necessary to meet fi ni shed grades
shown on the plans and cross-sections. Consultant to provide
geotechnical/soils engineering observation during site preparation
for placement of fill and construction of subdrains. The Consultant
shall make recommendations regarding the removal of unsuitable
material for fills and methods of compaction based on previous
soils/geotechnical investigations and his/her own observations. The
number of such projects will vary from year to year and in scope.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Date for completion of all Consultant services:
/~-19
Exhibit A
Page 4
9. Insurance Requi rements:
(X)
(X)
(X)
(X)
(X)
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Commercial General Liability Insurance: $1,000,000.
Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage).
Errors and Omissions Insurance: $250,000 (not
included in Commercial General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
N/A
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defi ned Servi ces by Consul tant as herei n
required, City shall pay a single fixed fee in the amounts and at the times or
milestones or for the Deliverables set forth below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by
Consultant as are separately identified below, City shall pay the fixed fee
associ ated wi th each phase of Servi ces, in the amounts and at the times or
milestones or Deliverables set forth. Consultant shall not commence Services
under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said
Phase.
Phase Fee for Said Phase
1. $
2. $
3. $
/ /; ~ .)..t)
Exhibit A
Page 5
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required,
City shall pay Consultant for the productive hours of time spent by Consultant
in the performance of said Services, at the rates or amounts set forth in the
Rate Schedule attached as Exhibit B according to the following terms and
conditions:
(I) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount, Consultant
agrees that Consultant will perform all of the Defined Services
herein required of Consultant for $ including all
Materials, and other "reimburseables" ("Maximum Compensation").
(2) (X) Limitation without Further Authorization on Time and
Materials Arrangement
At such time as Consultant shall have incurred time and
materials equal to $150,000.00 ("Authorization Limit"), Consultant
shall not be entitled to any additional compensation without further
authorization issued in writing and approved by the City. Nothing
herein shall preclude Consultant from providing additional Services
at Consultant's own cost and expense.
Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
() Hourly rates may increase by 6% for servi ces rendered after
[month], 19 , if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the
performance of servi ces herei n requi red, City shall pay Consultant at the
rates or amounts set forth below.
(X) None, the compensation includes all costs.
/IP-~ /
Exhibit A
Page 6
13. Contract Administrators:
City: Dennis Davies
Consultant:
Jim Copley
14. Statement of Economic Interests, Consultant Reporting Categories, per
Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Fil er
() Category No.1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and
sources of income subject to the regulatory, permit or
licensing authority of the department.
() Category No.4. Investments in bus i ness ent it i es and sources
of income which engage in land development, construction or the
acquisition or sale of real property.
() Category No.5. Investments in business entities and sources
of income of the type which, within the past two years, have
contracted with the City of Chula Vista (Redevelopment Agency)
to provide services, supplies, materials, machinery or
equi pment.
() Category No.6. Investments in business entities and sources
of income of the type which, within the past two years, have
contracted with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
() Category No.7. Business positions.
() List "Consultant Associates" interests in real property within
2 radial miles of Project Property, if any:
WPC 6105E/0068Y
I ~ :.2,7
.JULY 17, 1992
EXHIBIT B
SCHEDULE OF CHARGES
We fully umlcrstand the call-out time as presented in Section III. Requirements and
Authority of the City of Chula Vista. and the repnrting time fnr licld and labnratnry test
results.
MATERIAL TESTING SERVICES FEES
Section A - Snil Testin~
1. Labnratory maximum density
ASTM 0-1557 (each) ...................................... $95
2. Density of soil in place hy the sand cone mctl1l\d
ASTM D-1556 (per hour. 2-hour minimum per call out) ............ 39
3. Density of soil and aggregate in place oy nuclear method
ASTM D-2922 (per hour. 2-oour minimum per callout) ............ 39
4. Moisture Content of soil and aggregate in place hy nuclear method
ASTM D-3017 (each) ................................. No charge
5. Matcrial Sampling
ASTM D-75 (per hour. 2-hour minimum per callout) .............. 36
Section B - Concrete Testin~
1. Compressive strength of cylindrical concrete specimens
ASTM C-39 (3 cylinders per set) .............................. 36
2. Sampling and molJing cylindrical concrete specimens
ASTM C- 172 and ASTM C-31 (pn hour. 2-hour minimum per call nut) 36
3. Pick up concrete specimens
ASTM C-3] per trip ........................................ 30
Scction C - Bituminous/Asphalt Concrctc Testing
1.
Quantitativc extraction of oitumcn from oituminous paving mixtures
ASTM D-2172 "B" or CAL Test 362 (each) ...................... 50
~
Sieve analysis of fine and coarse aggregate
ASTM C-136 or CAL Tcst 202 (each) .......................... 50
/~-,21
Ii
.lL'LY 17,1992
EXHIBIT B(Cont'u)
3. Sand equivalent value
ASTM 0-241 Y or CAL Test 217 (eileh) ......................... 50
4. Loss in LA Rilttler
CAL Test 211 (eilch) ...................................... 110
5. Swell
CAL Test 305 (each) ....................................... 50
6. Maximum density determination of Asphalt Concrete (AC) hy the Hvecm
Mcthod
ASTM 0-1560, 0-1561. or CAL Test 304 (each) .................. 60
7. Theoretical maximum uensity determination of AC
ASTM 0-2041 (ilvcrilgc of three) (each) ........................ 60
H. Stilhilometer value of asphalt concrete
CAL Test 366 (each) ....................................... 90
9. Density of hituminous concrete in place hy nuclear methou
ASTM 0-2950 (per hour. 2-hour minimum per call out) ............ 39
10. Material sampling (per hour, 2-hour minimum per cilll out) . . . . . . . . . . . .. 36
PROFESSIONAL AND TECHNICAL STAFF FEES
Section D - Plant I nST1eetion
Materials Technician (per hour) ..... . . . . . . . . . . . . . . . . . . . . . . . . . . .. $39
Section E - "R" Value Tests
R-Values
CAL Test 3()] ............................................... 135
(each. includes 2-hour sampling time and mileage)
Section F - Geotechnical/Soil Engineering Services
Staff Geotechnical Engineer or Geologist (per hour) .................. 60
Project Geotechnical Engineer or Geologist (per hour) ................ 70
Senior Geotechnical Engineer or Geologist (per hour) . . . . . . . . . . . . . . . .. 85
/ d, -.1.'
I:"'~'.."'..."-'.'
.. ..... ~.,~
"
JULY 17, 1992
EXHIBIT B
(Cont'u)
Section G - Consulting SClvices
Materials Technician (pn hour) ...................... . . . . . . . . . . .. 39
Staff Engineer (per hour) ....................................... 60
Project Engineer (per hour) ..................................... 70
Senior Engineer (per hour) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 85
/'.
/6 ~J..:;
--
ir;:;.
.,
COUNCIL AGENDA STATEMENT
Item
17
ITEM TITLE:
Meeting Date 8/4/92
Resolution I~ 7'1"< Approving temporary closures at various
street crossings for the MTDB South Line Grade Crossing
Improvement Project ,..,~
Director of Public W~rks~~
City Manager..jC1 ~J ~~\) (4/5ths Vote: Yes_No..lL)
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
The Metropolitan Transit Development Board (MTDB) has awarded the "South Line
Grade Cross i ng Improvement Project, LRT - 299", wh i ch wi 11 be affect i ng the San
Diego Trolley railroad crossings at the intersections of: F Street, H Street,
J Street and Anita Street. To complete the necessary work, within the
railroad right-of-way, the contractor, National Projects, Inc., has requested
approva 1 of temporary weekend road closures at these four 1 ocat ions. Thi s
project will provide for smoother railroad crossings by motorists.
RECOMMENDATION: That the City Counci 1 approve the resol ution which approves
temporary weekend street closures subject to certain conditions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
National Projects, Inc. has submitted a letter to the Publ ic Works Department
requesting permission to temporarily close four street/trolley crossings
within the City of Chula Vista at F Street, H Street, J Street and Anita
Street so that the trolley crossings can be improved. This project will
provide for a smoother railroad crossing by all vehicular users. These
crossings are in need of repair to el iminate the severe jolt experienced by
motorists as they cross the railroad tracks. The work consists, in general,
of removing and replacing eight at-grade crossings at four streets on the
South Line, and procuring all materials and performing all other work
necessary to complete the work in accordance with the Contract LRT-299 Plans
and Spec i a 1 Provi s ions. Exi st i ng asphalt and timber roadbeds, trackwork and
trackbed at each crossing will be removed; this includes rail, ties, and
ballast. New ties and heavier (larger cross-section) 115# rail will replace
existing wooden ties and rail section. A Hi-Rail rubber crossing system will
be pl aced at the road cross i ng surface and asphalt will be used to fi 11 in
areas surrounding the rubber crossing. Heavy duty deflector shields will be
placed at ends of the new crossings. If disturbed during construction,
existing sidewalk will be replaced.
It is being requested that the temporary street closure be from 8:00 p.m.
Friday to 6:00 a.m. Monday for eight consecutive weekends starting this
October and ending by the first half of December. This work requires one
weekend per track with two tracks per crossing. The work will only be
concentrated at one intersection and one track per weekend to keep traffic
I?-/
Page 2, Item J '7
Meeting Date 8/4/92
detours at a minimum. The trolley will have continuous service throughout the
construct i on peri od, but will be shari ng one track through the construction
area. Staff has revi ewed the plans for th is work and recommends temporary
closure subject to the following conditions:
1. The closure be limited to those hours as stated in their letter of June
18, 1992. Each closure will be from 8:00 p.m. Friday through 6:00 a.m.
Monday, a period of 58 consecutive hours.
2. An approved traffic control plan be submitted to the Chula Vista
Department of Public Works at least two weeks prior to the commencement
of the closure for each location.
3. All detour signing to be maintained by the contractor throughout the
length of time that street crossing is closed to through traffic.
4. The contractor is to not i fy the Chul a Vi sta Star News, San Di ego Uni on
Tribune, CalTrans, the California Highway Patrol, Chula Vista Police
Department, Chula Vista Fire Department, Chula Vista Transit and the
Chula Vista Public Works Department at least one week in advance of each
road closure.
5. The contractor is to work with CalTrans and obtain any necessary permits
needed to allow for the placement of any traffi c control detour s i gni ng
within CalTrans right-of-way.
6. The contractor wi 11 make avail abl e to all 1 i sted above in number 4,
24-hour emergency telephone numbers and names of contact personnel.
7. No closure shall be made until the traffic control plan has been approved
by the City and signs are erected at least one week in advance notifying
the public of the closure in accordance with California Vehicle Code
Sections 21101 and 21103.
8. If work is completed early, then the roadway will be opened to through
traffic as soon as practically possible.
The scope of the work is as follows:
Work crews will be setting up the traffic control signs no later than 5 days
in advance of the street/railroad crossing closure. All traffic control plans
must be submitted at least two weeks prior to the proposed weekend closure for
approval from the Traffic Engineering Division. Workers will then close off
the street crossing and begin work at that crossing. This construction work
will take place within the 58-hour weekend closure period. Staff has looked
at the traffic counts for these crossings and has found that volumes are
approximately 15-25% lower on the weekends versus weekdays and, therefore, it
is anticipated that having the closures on the weekend and providing alternate
routes wi 11 pose 1 ess of a hardsh i p to area bus i nesses and deli very dri vers.
Each intersect i on must be closed for two weekends maxi mum, one weekend per
track. The roadway cannot be maintained opened to one direction of traffic or
two-way traffic on one-half of the roadway. If this is done, the work will
/ ?,,)...
Page 3, Item J ~
Meeting Date 8/4/92
take twi ce as long and i nvol ve more cutting and wel ding of the rail s. In
addition, vehicular traffic cannot be diverted to share one-half of the
roadway with opposing vehicular traffic, since the existing crossing gate will
be on the oppos ite of the railroad tracks for the vehi cul ar traffi c di verted
to the opposite half of the roadway. A 1 so, if the area is part i ally 1 eft
open, pedestrian and bicycle access must also be provided. If partial
vehi cul ar access is ma i ntai ned, the 1 ength of work for these four 1 ocat ions
will be increased from 8 weekends to 16 weekends. This will result in twice
as many traffic control plans to be prepared, reviewed thereby necessitating
twice as many rail sections to be welded together. If this alternative is
chosen work would be completed sometime in February 1993. It should be noted
that the F - I street Broadway reconstruction project is schedul ed to start in
January 1993.
After discussing the proposed schedule with MTDB for closure of intersections
of F Street, H Street, J Street, and Anita Street, the first two intersections
to be closed will be H Street and J Street. These intersections will be
closed start i ng in October and endi ng around the fi rst weekend of November.
This will allow the contractor to complete the work at these locations before
Thanksgiving. Anita Street and F Street, since they are not in close
proximity to major shoppi ng centers, wi 11 be closed between mid-November and
with completion scheduled for the first half of December 1992. It is
anticipated that by scheduling the work in this way that delays and
disruptions to area businesses will be minimal.
CONCLUSION
Staff recommends that City Council approve the resolution to temporarily close
these four street crossings for a period not to exceed two weekends per street
crossing subject to the conditions listed above.
Representatives from MTDB and NPI, Mr. Lynn R. Taylor, MTDB Resident Engineer;
Mr. Hugh B. Talley, NPI Project Manager; and Mr. Wil son Velasquez, NPI Site
Engineer, have informed staff that they will be in attendance to answer any
questions that the City Council may have regarding this matter. The Chamber
of Commerce has been informed of this construction project and meeting.
FISCAL IMPACT:
FXR:CY-029
WPC 6083E
Attachments:
Not applicable.
Area Plat
Letter Dated 6/18/92 NOr S.I4I4J~EI>
California Vehicle Code Sections 21101 and 21103 NOr S~ItIllI4J"D
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RAILROAD CONSTRUCTION
PO BOX2712
SAN DIEGO, CALIFORNIA U.S"A 92112
:-;c CE~ V:':-'
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1991 JI1H 23 AH 9' 34
;.: -; NATIONAL PROJECTS, INC.
900 WEST 23RD STREET
NATIONAL CITY. CALIFORNIA US A 91950
PHONE (619) 477-2608!FAX: (619) 477-3726
CONTRACTORS LICENSE 575729
June 18, 1992
NPI/CCV-001
Mr. Cliff Swanson
Deputy Director of Public Works/City Engineer
City of Chula vista-Engineering Department
276 4th Avenue
Chula Vista, CA 91910
RE: South Line Grade Crossing Improvements Project, LRT-299
subject: STREET CLOSURES
Dear Mr. Swanson:
National Projects, Inc. is the apparent low bidder on the
aforementioned project and is currently awaiting its notice to
proceed from the Metropolitan Transit Development Board. Four of
the grade crossings are in the city of Chula vista and are as
follows: J Street, H Street, F Street, and Anita Street. In order
for track crews to remove and reinstall new rubber crossings, full
street closure or shutdown from 8: 00 P.M. Friday to 6: 00 A.M.
Monday for eight consecutive weekends will be required. As soon
as the notice to proceed is received, a detailed detour and traffic
control plans will be submitted to the city of Chula vista and
CalTrans.
We understand that all street closures must be voted on by the City
council and hope that this letter can initiate the process and be
put on the next meeting agenda.
Your cooperation in this matter is appreciated. If you have any
questions or need addjtional information, please contact Wilson
velasquez of NPI at (619) 477-2608.
very truly Yours~_
~t6~
Hugh B. Talley ,
Project Manager
HT/wv/sf
enc
File 1040-4/11-6
cc: Lynn Taylor
J7-?
ts of the city and with respect to the
the size and nature of thef:ee.ty itself adopt rules and regulations by
characteristics and n.ature 0 e Cl win ~atters: . . <
ordinance or resolution ~n theffoUohi l~ nsed on streets under their
(a) Regulating the Slze 0 ve c
jurisdiction. . the be of ehicles pennitted on slreetsunder
(b) Regulating num r v
their jurisdiction. . treets under their jurisdiction, of
(c) Prohibiting the ol."'ratlOn, on s .
designated classes of vehicles. . h different from those prescnbed
(d) Establishing n,:nse limits, ~~lC n ~;eets under their jurisdiction and
by this code, for vehlc.les operah ~ I 0 which exceed such limits. .
prohibiting t~e .operatIon ?f ve Ie eSed limit lower than that which the
(e) Estabhshmg a maxonu",' ~b this code to establish.
local authority otherwise perrmtt hOY I of utilities which are under the
This section shall not a~!,IY t'tili~. IC eo,mmission while engaged in
jurisdiction of the Pubtilc typel:rvice work.
maintenance and construe on
Added Ch 168, Stats. 1972. F..ffective,March 7, 1~3'1975
Amended Ch. 286. Stats. 1974_ Effeeuve January. .
Regulation 01 Highway.. . hi hwa s under their jurisdiction,
21101. Local authonhes, fo~ thos~ ;rdinInce or resolution on the
may adopt rules and regulations y
following matters: h' I r traffic when in the opinion of
(a) Closing any high~ay. to. d~ :~u a the highway i~ no longer needed
the Ie islativc body havmg JUriS IC IOn, .
for vc~icular tr':iffic. 'h . s a through hi~hway and requiri~g that
(b) Designatmg any hl~ way. ffi trol devices before entenng or
all vehicles obs<?rve officml ~a, Ie a~n~ any intersection as a stop
crossing the hlghw~y. or II esm~lcs to stop at one or more entrances
intersection and reqUIring a ve . .
to the intersection. , I. hi hways by certain ve~c~es,
(c) Prohibiting ~he use ?JJar~lcu :he ~ublic Utilities COI1UIUSSlor
except as otherWise provl . Y 'th Section 1031) of Chapter 5 <!
pursuant to Article 2 (cohm~e~rmttl;ties' Code. No ordinance wlhic~ r
Part 1 of Division 1 of, t e ~ .1~ ,If r November 10, 1969, shal app y
adopted pursuant to thiS SU?tVI.SlO~ al t'd d in the National System of
to any state highway W~IC IS me c~ ~ an ordinance which has been
Interstate and Defense Highways, ex t r Commission bv a four.fifths
ved by the California Transpor a 10n ~ .
appro f. the
vote. . d ring regular school hours .?T th
(d) Closing partlc~lar streetsb'l u d . , r training programs ill e
ur ose of conductmg autom~ 1 e Tl'\e
~ecJndary schools and c~lleges of th~s stat~. anY street for cele~r~tio~
(e) Temporarily closmg a por~'::.~r our poses when, in the oprmon
arades, local speci~ ev~n~s, ~? 0 PI sin' is necessary for tne safety
Focal authorities havmg JunsdHhhon, th~o c ~se ~hat portion of the street
and protection of persons w 0 are
during the temporary closing.. both from any street by
(f) Prohibiting entry t~or bex1t, f~or:;; ~her ro~dway design fe:=
means of islands, curbs, t~ carner, f eoeral plan adopted }?u., 1
to implement the circu.lahon. eles:e~t ~ ~~) of Chapter 3 of DIVlS1?n ed
to Article 6 (commencmg W1t~od ChThe rules and regulati?~s. authfl~
of Title 7 of the Government ~.t nt with the respons1bihty 0
by this subdivision. shall ~ ch~~ith and safety of its citizens. . .
government to prOVIde for e d (]1.
Amended Ch. 764, Stats. 1965. Effective: June 3?' 1~: 10 1969. Supersedes Ch. 136 an ..1>
oded Ch 1365 Stats 1969. Effecttvt" No\em , . . ~
Arne -, f an urgencY .
I~.\mended Ch. 749, Stats. 1982. Effective September 8, 1982, by terms 0 '~i!~;,
Supersedes Ch_ 681 . _
!
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Repealed Ch. 749, Stats. 19B2. Effective January I, 1984.
Amended Ch. 291, Slats, 1963. Effective January 1, 1984.
i_I AuHrorlty to Dlv.rl r,.,ff/c
21101.2. Local authorities may adopt rules and regulations by
ordinance or resolution to provide that if a peace officer, as defined in
Chapter 4.5 (conunencing with Section 830) of Title 3 of Part 2 of the
Penal Code, determines that the traffic load on a particular street or
highway, or a portion thereof, is such that little or no vehicular flow is
occurring and, additionally, if the peace officer finds that a significant
number of vehicles are not promptly moving when an opportunity arises
to do so, then the peace officer may divert vehicles, excepting public
safety or emergency vehicles, from that street or highway, or portion
thereof, subject to traffic congestion until such time as reasonably flowing
traffic is restored.
Added Cb. 710, Slals 19B2. Effective September 8, 1982, by terms of an urgency clause.
LtHtIl Authority: PlGCfI",."t 01 Gat.s
21101.6. Notwithstanding Section 21101, local authorities may not
place gates or other selective devices on any street which deny or
restrict the access of certain members of the public to the street, while
permitting others unrestricted access to the street.
This section is not intended to make a change in the existing law, but
is intended to codify the decision of the COllrt of Appeal in City of
Lafayelle v. County of Contra Costa (91 CHI. App. 3d 749)
This section shall become operative on January 1, 1990.
RepeillN and Added Ch. 089, Slats. 1987. Opcnti\'t" January 1, 1990
LtHtIl Authority to C/o.. S"...t.
21102. Local authorities may adopt rules and regulations by ordinance
or resolution closing to vehicular traffic that portion of any street or
highway crossing or dividing any school ground or grounds when .in the
opinion of the legislative body having jurisdiction such closing is
necessary for the protection of persons attending such school or school
grounds. The closing to vehicular traffic may be limited to such hours
and days as the legislative body may specify. No such ordinance or
resolution shall be effective until appropriate signs giving notice thereof
are posted along the street or highway affected, nor in the case of state
highways, until such ordinance or resolution is approved by the
Department of Transportation.
Amended Ln. 545. Stats_ 1974. Effeclive January 1, 1975.
Signs RtH{uitwd
21103. No ordinance or resolution enacted under Section 21101 shall
be effective until signs giving notice of the local traffic laws are posted at
all entrances to the highway or part thereof affected,
Amended Ch_ 987, Slats. 1965. Effective September Ii, 1965.
Amended Ch. 78, Stats. 1973_ Effective January 1, 1974
Amended Ch. 671, Stals_ 1980. Effective January I, 1981.
Approvo/ of Locol R."ulotion.
21104. No ordinance or resolution proposed to be enacted under
Section 21101 or subdivision (d) of Section 21100 is effective as to any
highway not under the exclusive jurisdiction of the local authority
enacting the same, except that an ordinance or resolution which is
submitted to the Department of Transportation by a local legislative
body in complete draft form for approval prior to the enactment thereof
is effective as to any state highway or part thereof specified in the
written approval of the department. No such ordinance or resolution
enacted under subdivision (c) of Section 21101 which applies to any state
highway included in the national system of interstate and defense
highways, shall subsequently be disapproved until such disapproval has
~
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RESOLUTION NO. It, 7 ~c(
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING TEMPORARY CLOSURES
AT VARIOUS STREETS CROSSINGS FOR THE MTDB SOUTH
LINE GRADE CROSSING IMPROVEMENT PROJECT
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, the Metropolitan Transit Development Board
(MTDB) has awarded the "South Line Grade Crossing Improvement
Project, LRT-299 " , which will be affecting the San Diego Trolley
railroad crossings at the intersections of: "F" Street, "H"
Street, "J" Street and Anita Street; and
WHEREAS, to complete the necessary work within the
railroad right-of-way, the contractor, National Projects, Inc., has
requested approval of temporary weekend road closures at these four
locations; and
WHEREAS, this project will provide for smoother railroad
crossings by motorists.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve temporary closures at
the intersections of "F" Street, "H" Street, "J" Street and Anita
Street and the San Diego Trolley railroad crossings subject to the
following conditions:
The closure be limited to those
their letter of June 18, 1992.
be from 8:00 p.m. Friday through
period of 58 consecutive hours.
2. An approved traffic control plan be submitted to the
Chula vista Department of Public Works at least two
weeks prior to the commencement of the closure for
each location.
1.
hours as stated in
Each closure will
6:00 a.m. Monday, a
3. All detour signing to be maintained by the
contractor throughout the length of time that street
crossing is closed to through traffic.
4. The contractor is to notify the Chula vista Star
News, San Diego Union Tribune, CalTrans, the
California Highway Patrol, Chula vista Police
Department, Chula vista Fire Department, Chula vista
Transit and the Chula vista Public Works Department
at least one week in advance of each road closure.
1
/7- /
5. The contractor is to work with CalTrans and obtain
any necessary permits needed to allow for the
placement of any traffic control detour signing with
CalTrans right-of-way.
6.
The contractor will
above in number 4,
numbers and names of
make available to all listed
24-hour emergency telephone
contact personnel.
7. No closure shall be made until the traffic control
plan has been approved by the city and signs are
erected at least one week in advance notifying the
public of the closure in accordance with California
Vehicle Code Sections 21101 and 21103.
8. If work is completed early, then the roadway will be
opened to through traffic as soon as practically
possible.
edX
Presented by
John P. Lippitt, Director of
Public Works
Bruce M. Boogaa
city Attorney
(Res\StClose)
2
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COUNCIL AGENDA STATEMENT
Item
;3'
Meeting Date
8/4/92
ITEM TITLE:
Resolution /~ 7'13 Approving an amendment to the
five party agreement for Environmental and Route
Adoption studies for the SR-125 Freeway.
Director of Public ~orks~
City Manager.jC\ \)o~,\ (4/5ths
Vote:
Yes
No ~)
SUBMITTED BY:
REVIEWED BY:
In 1989 city of Chula vista entered into a five-party agreement for
Environmental and Route Adoption Studies for the SR-125 Freeway.
In January 1991, Caltrans issued a Franchise to CTV to construct
SR-125 as a Toll Road. This Franchise requires a modification in
the five-party agreement.
RECOMMENDATION: That Council approve the resolution.
BOARDS AND COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The original agreement provided that Caltrans would conduct
Environmental and Route Studies and adopt an alignment for SR-125.
The five parties to the Agreement are: Caltrans, SANDAG, cities of
San Diego and Chula vista, and the County of San Diego. The County
of San Diego and the two cities would pay $167,000 each, SANDAG up
to $450,000, and CALTRANS would pay for the entire study for the
portion north of San Miguel Road, and 50% of the cost for the
portion south of San Miguel Road. The original agreement provided
that the study would be completed by July 1992.
Chula vista brought a lawsuit against Caltrans and CTV for the
Franchise. The lawsuit was dropped after Cal trans and CTV by
letter agreed to several conditions requested by Chula vista. One
condition was that Caltrans perform the Environmental and Route
Studies instead of CTV. This agreement will amend the existing
agreement by providing that:
1. CTV will pay CALTRANS for environmental work on the toll road
portion of the route (south of San Miguel Road).
2. SANDAG has already spent $152,494 out of a total commitment of
$450,000. SANDAG agrees to advance the remaining $297,506
toward the studies.
/8'-'/
Page 2, Item
Meeting Date:
J~
8/4/92
3. In the event CTV constructs the Toll Road, they will pay back
the later portion of the SANDAG advancement ($297,506).
4. The state will agree to complete the study by June 30, 1995.
This is being revised from June 30, 1992.
All other items in the original agreement remain the same.
SANDAG's agreement to pay the original $450,000 was based on the
basis that each local agency will pay first their $167,000. Then
SANDAG would pay the amount necessary to complete the work up to a
total of $450,000. SANDAG will contribute $152,494 with no chance
of rebate, but will expect the remainder of their advance if a Toll
Road is built.
FISCAL IMPACT: None at this time. Chula vista may enter into a
subsequent agreement with CTV for reimbursement of our $167,000.
IPL:SB/A-113S1SPARlY
ffl2992
18'""-~
RESOLUTION NO.
)~7'-/3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE FIVE
PARTY AGREEMENT FOR ENVIRONMENTAL AND ROUTE
ADOPTION STUDIES FOR THE SR-125 FREEWAY
WHEREAS, in 1989, the city of Chula vista entered into a
five-party agreement for Environmental and Route Adoption Studies
for the SR-125 Freeway; and
WHEREAS, in January 1991, Caltrans issued a Franchise to
CTV to construct SR-125 as a Toll Road which Franchise requires a
modification in the five-party agreement; and
WHEREAS, this agreement will amend the existing agreement
by providing that:
1. CTV will pay CALTRANS for environmental work on the
toll road portion of the route (south of San Miguel
Road) .
2. SANDAG has already spent $152,494 out of a total
commitment of $450,000. SANDAG agrees to advance
the remaining $297,506 toward the studies.
3. In the event CTV constructs the Toll Road, they
will pay back the later portion of the SANDAG
advancement ($297,506).
4. The State will agree to complete the study by June
30, 1995. This is being revised from June 30,
1992.
WHEREAS, all other items in the original agreement remain
the same.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve Amendment No. 11-0385-
Amendment 1 State Route 54 to Interstate Route 905, a copy of which
is on file in the office of the city Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
amendment for and on behalf of the City of Chula vista.
Presented by
Approved as to
IL.. Ih.
John P. Lippitt, Director of
Public Works
C:\n\5party
Bruce M.
Attorney
, Cl.ty
)~J /18"r
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11-SD-125
State Ro~te S4 to
Inter.cat. Ro~te 90S
Agreement No. 11-0385-Amendmcnt 1
AMENDMENT 1 TO AG~EMENT
THAT AGREE~NT, ENTERED INTO ON March 22, 1989 between the
STATE OF CALIFORNIA, acting ~y an~ through its Department of
Transportation, referr.~ to herein as STATE,
and
and
San ~ie9o eo~nty ROiional TranlPortation Commission, a
statutorily creeted local 90vernment ai.noy, referred to
herein aD "COMMISSION"
and
County of San Diego, ~ political lubdivision of the
State of California, ~efer:ed to here.!n a. "COUNTY"
City of SaIl Dieqo, a bOdy pol1tic and a municipal
corporation of the State of California, referred to
herein .s "CITY A"
and
Cit~ of Chula Vista, a bOdy politic and a municipal
corporation of the State ot California, reterred to
herein as "CITY B"
i8 hereby amended ~hi. 26th day of June, 1992.
R~r!TTa.L~
1.
STATE and COUNTY, CITY A, CIT~ D and COMMISSION,
pursuant to Streata and Highwaya Code Section 130, are
authorized to enter tnto a cooperative agreement tor
improvements to State hiqhways within the Cities and
County.
2. STATE and COMMISSION entered into a Master A9re.ment 11-
03-87, dated JUly 1, 1988 for the construction of
variou8 local sale. eax funded projects, including
portion. of Route 125 aa inoluded in the Franchi..
Agreement.
3. S~ATm, on behalf of COUNTY, CITr A, CITY Band
COMMISSION initiated environmental and route location
studie, required for the construction of State Route 125
trom State Route S4 to proposed Inter.tate Route 905,
referred to as STUDY in this Cooperative Agreement 11-
0385. .
1'6'5'
-2~
4. ~h. coate for the Stud1.. on State Rout. 125 from State
Route 54 to 1-905 haa been estimated ~y STATE at
$2,100,000, and the parties he:eto ~ointly funded. the
STUDY tor this segment of State ROute 125. .
5.
On ~Mnuary 6, lUll, STATE enterea into a Development
Franchise Aqre.ment for a Privatized Transportation
Project (Franchise Agreement) with California
Transportation Ventures (eTV) whereby STAT! delegated to
CTV, and CTV undertook, the remaining balance of the
then uncompleted STUDY a. well.. additional
environmental and route location studies on other
poction. of the franchi8e ^qreement'. tentative routing
at CTV's cost.
.,
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6. Subsequently, local COncerns relative to a potential
bias which could have resulted in the continuation Of
the STUDY by CTV caused STAT& to reacquire
responsibility for the completion of all STUDY work then
contemplated b~ the FranChise Agreement and th1.
Cooperat1ve Agreement. Said STUDY will include both
Freeway and Tollway alternatives.
ThQ parties hereto intend to define herein the terms and
conditions under which the interrupted STUDY will ~e
continued and financed.
'1.
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New S~b..otion 3 i. added to S~~TION l. STAT~ A~A~~q!,
to read as fOllow.:
3.
To bill CTV for STATE work tor STUPY effOrts related to
the toll road portions identified in the Franchi.e
Agreement but exclUding th6 measure funded portions of
the proposed Route 125. The balance ot environmental
and route location studies within the franchise zone and
funded ~y local me. sure monies will be paid by STAT!
trom funda contributed by the parties to this Agreement.
i.
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New eubsections 5, 6 and 7 are added to SEcTrnN v.
~oMMrSSION 1GR~~~., to read as follow.:
'.
$. At the time that STATE exec~ted the Franch1.. ^qreement
for aoute 12$ with CTV, COMMISSION provided supplemental
fundinq !n the amount of 4152,494.31, now expended by
STATE, leaving a balance of $297,505.69 trom the
previously identified maximum partiCipation of
COMMISSION in the STUDY.
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6.
COMMISSION aV~.es to aavanc. STATE the Dalance of
42i7,505.69 t~om the or!vinal maximum COMMISSION
allocation of $450,000 for tund!ng additional
environmental and route looation atUQ1e..
7.
In the event that CTV, Of i~. .ucceaaor. or assigna,
constructe all or a portion ot Route 125, STATE will
aecure repayment of the $2i7,$09.69 from CTV in the
Environmental Studies A9reement No. 92-1 between CTV and
STATE, plu. oompensation to the COMMISSION for interest
thAt eould have ~een earned at the State TreaSurer'.
Pooled Money Inve.tment Account from the date of that
Environmental Studies Aireement No. 92-1, In the event
that CTV, Or it. eucces.or. or assigns, does not
con.truct any portion of Route 125, STATE will not
require CTV to repay this advance ot COMMISSION funds or
interest thereon.
IU.
SUbsections 2 and 9 of SECTION VI. IT IS ~ITtJALL~
AGREED', are amended to read a.
follows:
2. S~ATE will pursue the STOor and the environmental and
route location stud i.. for Ctv to eompl.~ion with the
objeotive that all work be completed not later than
June 30, 1995,
9. This A9r..ment 6ball terminate upon completion of the
STUDY and payment ot all amounta due under this
A9reement or on June 30, 1995, whichever is earlier in
time.
IV.
All other term. and conditione remain unchanied.
J g-" 7
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~J::!
S1'ATE OF CALIFORNIA .
Department of Transportation
JAMES W. VAN LOa~N StLS
P!rector of Tranaportat!on
BY:
DISTIUCT OII\E:CTOR
Approved as to torm and procoaure:
At.torney, DepArtment of
Transportation
o.
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Cert1fiea as to tunds and
proCedul:'e:
District Accounting Officer
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8AN D%I!:GO COUNTY lU:GIONJU. .
TRANSPORTATION COMMISSION . JD~
fly: Vl'-t' U
~xecut1ve Director
APPROVED AS TO FORM
AND LIi:GAl.ITY;
By:
General Counsel
COUNTY OF SAN DIEGO
BY:
ffirk ot the
Board Of SuperViSors
AP~ROVi:P AS TO FORM
ANI) LEGALITY:
By:
Deputy County COunoel
CITY or SAN DIEGO
By:
Aeat. tu City Man.~.r
AVPROVEO AS TO rORM
AND LE(jALI'n': .
BYl
bep. C1~y Attorney
CtTr OF CHULA VISTA
By:
Hayor
APPROVED AS TO rORM
A1IIu LEGALITy:
BYl
City At.l:.urney
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1.1-5D-125
,tate Route 54 to
Interstate Route 905
Agreement No. 11-0385
,.
.
AGREEMENT
THI5 AGREEMENT, ENTERED INTO ON , 19_ is
between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as STATE,
and
San Diego County Regional Transportation Commission, a
statutorily created local government agency, referred to
herein as "COMMISSION"
and
County of San Diego, a political subdivision of the State of
California, referred to herein as "COUNTY"
and.
City of San Diego, a body politic and a municipal
corporation of the State of California, referred to herein
as "CITY A"
and
City of Chula Vista, a body politic and a municipal
corporation of the State of California, referred to herein
as "CITY B".
RECITALS
1. STATE and COUNTY, CITY A,. CITY B and COMMISSION, pursuant to
Streets and Highway Code Section 130, are authorized to
enter into a cooperative agreement for improvements to State
highways within the cities and Countv.
2. STATE and COUNTY, CITY A, CITY B and COMMISSION desire to
initiate environmental and route location studies required
for the construction of State Route 125 from State Route 54
to proposed Interstate Route 905, referred to herein as
STUDY.
3. The congestion on Interstates 5 and 805 in the South Bay
during rush hours is increasing at an alarming rate and the
expected industrial development in Otay Mesa will place
further demands on the existing roadways. A proposal to
extend State Route 125 from State Route 54 to proposed 1-905
would help alleviate traffic congestion in the South Bay.
4. The 1986 Regional Transportation Plan adopted by SANDAG
indicates the need for a freeway to extend State Route 125
from State Route 54 to proposed 1-905 because development is
rapidly occurring in the State Route 125 corridor.
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5. The COUNTY, CITY A, and CITY B desire to insure that
development plans, under their jurisdiction, submitted by
developers to preserve and dedicate right of way will be
sufficient for future State Route 125 freeway construction.
6. The COUNTY and CITY A and CITY B desire to insure that any
interim facilities in the future State Route 125 right of
way meet STATE design standards and be compatible with
future freeway construction.
7. SANDAG shall be requested to include the State Route 125
major arterial (to State standards) in the 1994-2000
element of their proposed 1989 Regional Transportation Plan.
8. The recently approved transportation sales tax program
(Prop. A, 1987) provides construction funding, and state law
provides state funding responsibility and authorization for
environmental and route location studies for the portion of
state Route 125 from State Route 54 to San Miguel Road: and
for proper planning, the route location studies should be
done for the entire corridor for state Route 125 from State
Route 54 to I-90S simultaneously.
9. The costs for providing environmental and route location
studies on State Route 125 from state Route 54 to I-90S have
been estimated by STATE at $2,900,000, and the parties
hereto desire to cooperate and jointly fund the
environmental and route location studies for this segment of
State Route 125.
10. The parties hereto intend to define herein the terms and
conditions under which the STUDY will be prepared and
financed.
SECTION I
STATE AGREES:
1. To prepare or cause to be prepared, the environmental and
route location studies required for the construction of
State Route 125 from State Route 54 to proposed
Interstate 905.
2. To fund the STATE share of the STUDY costs, which has been
estabilished as two-thirds of the total STUDY costs,
estimated to be $1,950,000.
5
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SECTION II
C9UNTY AGREES:
1. To deposit with the COMMISSION the amount of $166,667 which
is the COUNTy share of the STUDy costs as recommended by the
COMMISSION.
2. The first payment to the COMMISSION will be within ninety
(90) days of execution of this Agreement, in the amount of
$105,555. The second and final payment to the COMMISSION
will be within 450 days of execution of this Agreement in
the amount of $61,112.
SECTION III
CITY A AGREES:
1. To deposit with the COMMISSION the amount of $166,667 which
. is the CITY A share of the STUDy costs as recommended by the
COMMISSION.
2. The first payment to the COMMISSION will be within ninety
(90) days of execution of this Agreement, ini the amount of
$105,555. The second and final payment to the COMMISSION
will be within 455 days of execution of this Agreement, in
the amount of $61,112.
SECTION IV
CITY B AGREES:
1. To deposit with the COMMISSION the amount of $166,666 which
is the CITY B share of the STUDY costs as recommended by the
COMMISSION.
2. The first payment to the COMMISSION will be within ninety
(90) days of execution of this Agreement, in the amount of
$105,555. The second and final payment to the COMMISSION
will be within 450 days of execution of this Agreement, in
the amount of $61,111.
/8"//
~
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SECTION V
COMMISSION AGREES:
1. To provide up to $450,000 of transportation sales tax funds
to supplement the $500,000 deposited by the COUNTY and CITY
A and CITY B to meet the local one-third share of the STUDY
cost as approved by the California Transportation
Commission.
2. To deposit with STATE the amount of $950,000 (one-third of
the estimated STUDY costs) in three (3) annual payments.
3. The first payment to STATE will be within one hundred and
twenty (120) days of execution of this Agreement, in the
amount of $316,665. A second payment of $316,665 shall be
made within 485 days following execution of this Agreement.
The final payment to be made within 850 days following
execution of this Agreement will be in the amount of
$316,670.
4. The COMMISSION shall only be responsible for transferring
payments to STATE subsequent to receipt of payments by
COUNTY, CITY A or CITY B.
~
b.
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IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement
are subject to the appropriation of resources by the
Legislature and the allocation of resources by the
California Transportation commission.
SECTION VI
2.
STATE will
studies to
will be c m
Agreeme
sue the environmental and route location
etion, with the objective that the studies
eted within three years after execution of this
3. STATE shall establish a project study team for said STUDY
which shall include, as a minimum, representatives from
COUNTY, CITY A, CITY B and COMMISSION. Said project study
team shall meet ~s often as necessary but at least on a
semi-annual basis to review STUDY.
4. Should the STATE complete the STUDY at a cost less than
$2,900,000, STATE shall refund to the COMMISSION any
remaining portion of the $950,000 provided in Section V (2.)
1~12
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5.
6.
7.
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,
that is not expended.
refund to COUNTY, CITY
funds not expended for
COMMISSION shall proportionally
A, and CITY B any share of their
STUDY.
Should the STUDY costs for the portion of State Route 125
from State Route 54 to San Miguel Road be substantially
higher than $1 million, then STATE shall be responsible for
such additional costs as provided in current law (Chapter 88
of the Statutes of 1987).
Assembly Bill 3744 (1987-88 Regular Session of California
Legislature) includes a provision that under certain
circumstances the STATE shall pay for all project
development work through environmental clearance.
bill becomes law and is determined to apply to the
then its provisions shall take precedence over the
responsibilities set forth in this Agreement.
If this
STUDY
financial
Neither STATE nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason
of anything done or omitted to be done by COUNTY, CITY A,
CITY B or COMMISSION under or in connection with any work,
authority or jurisdiction delegated to COUNTY, CITY A,
CITY B or COMMISSION under this Agreement. It is also
agreed that, pursuant to Government Code Section 895.4
COUNTY, CITY A, CITY B or COMMISSION shall fully indemnify
and hold STATE harmless from any liability imposed for
injury (as defined by Government Code Section 810.8)
occurring by reason of anything done or omitted to be done
by COUNTY, CITY A, CITY B or COMMISSION under or in
connection with any work, authority or jurisdiction
delegated to COUNTY, CITY A, CITY B or COMMISSION under this
Agreement.
Neither COUNTY, CITY A, CITY B or COMMISSION nor any officer
or employee thereof shall be responsible for any damage or
liability occurring by reason of anything done or omitted to
be done by STATE under or in connection with any work,
authority or jurisdiction delegated to STATE under this
Agreement. It is also agreed that, pursuant to Government
Code Section 895.4, STATE shall fully indemnify and hold
COUNTY, CITY A, CITY B or COMMISSION harmless from any
liability imposed for injury (as defined by Government
Codesection 810.8) occurring by reason of anything done or
omitted to be done by STATE under or in connection with any
work, authority or jurisdiction delegated to STATE under
this Agreement.
This Agreement Sh~l terminate upon completion of the STUDY
and payment of all mounts due under this Agreement or on
June 30, 1992, wh hever is earlier in time.
)1-
8.
9.
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10. This Agreement may not be modified, amended or otherwise
changed unless by amendment, in writing, executed by all the
parties hereto.
STATE OF CALIFORNIA
Department of'Transportation
ROBERT BEST
Director of Transportation
By
District Director
Approved as to form and procedure
Attorney, Department of
Transportation
Certified as to funds and
procedure
District Accounting Officer
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SAN DIEGO COUNTY REGIONAL
TRANSPORTATION COMMISSION
By:
Executive Director
APPROVED AS TO FORM
AND LEGALITY:
By:
General Counsel
COUNTY OF SAN DIEGO
By:
Clerk of the
Board of Supervisors
APPROVED AS TO FORM
AND LEGALITY:
By:
Deputy County Counsel
CITY OF SAN DIEGO
By:
City Clerk
~
By
By:
Mayor
APPROVED AS TO FORM
AND LEGALITY:
By:. ,l".). fIL(
~st. City Attorney
COUNCIL AGENDA STATEMENT
)CJ
ITEM TITI..E:
Item
Meeting Date: 8/4/92
Resolution lIP 7~~uthoriZing the Mayor to execute a contract for a
symphony concert and to enter into indemnification agreements.
Director of Parks and Recreatio~
City Manager0(l i."'I~1
SUBMITTED BY:
REVIEWED BY:
(4/5ths Vote: Yes_No 2Q
The City, in conjunction with the San Diego Unified Port District, is planning to host the San Diego
Symphony Pops Orchestra for a concert at Bayside Park on Sunday, August 23, 1992.
RECOMMENDATION: That Council adopt the Resolution authorizing the Mayor to execute a
contract with the San Diego Symphony and to enter into an indemnification agreement with Rohr
Industries for use of their parking facilities, and with the San Diego Unified Port District as part of
their Tideland Activity Permitting process.
BOARDS/COMMISSIONS RECOMMENDATION:
Not applicable
DISCUSSION:
The City is planning to host a San Diego Symphony Pops concert at Bayside Park on August 23,
1992. The San Diego Symphony will perform on an outdoor stage located near the northern end of
the south section of the Park. Marina View Park was the site of the concert for a number of years
in the past, but due to unexpected delays and complications with the Marina View Park Renovation
project, the park will not be ready for use on the concert date. An information item has been
forwarded to Council identifying the problems with that project. Bayside Park was selected as a
suitable substitute location for the concert. Symphony personnel met with staff at the park last week
to evaluate the new location and to discuss any special arrangements that will need to be made to
insure that the concert is a success at the new location. Signs and staff will be posted at Marina View
Park on the evening of the concert to direct spectators who are not aware of the change of venue.
There are two funding sources for this event; the San Diego Unified Port District has allocated
$21,181 to defray the Symphony's performance contract costs, as well as to supplement the rental
costs for a grand piano. An additional $11,120 was allocated in the City's non-departmental budget
to offset the costs of supplies and other services to stage the concert. The concert program this year
will feature the music of George Gershwin. A fireworks display that will accompany the Symphony's
musical finale is included in the contract with the Symphony.
Public parking will be available in the vacant Port District lot just east of the park, and overflow
parking will be accommodated in Rohr Industries employee parking areas. Free shuttle bus service
will also be offered between the concert site and the "H" Street trolley station. Traffic and crowd
control will be handled by regular duty police officers, and police reserve personnel. The Bayside
Park parking lots will be closed throughout the day and evening to permit Symphony and fireworks
crews and vehicles freedom to set-up as required. Various areas of the park will also need to be
closed to pedestrian traffic to allow for safe staging for the event. Promotions and advertising are
being coordinated through the City's Public Information office.
/9-/
The Symphony will provide the stage, orchestra shell, and all necessary sound and lighting equipment.
The change in concert location will necessitate the rental of a generator to provide the Symphony
with adequate electrical power. The cost of this rental will be absorbed into the existing budget by
making adjustments in other areas that will not seriously impact the event.
The performance of the Pops orchestra will greatly enrich the cultural and artistic opportunities for
Chula Vista residents, and the event will help to enhance the City's image as a community that
nurtures cultural programs.
FISCAL IMPACT: The amount of $11,120 has been appropriated in the City's FY 92-93 non-
departmental budget to offset the City's share of the costs for supplies, services, and the fireworks
finale. The Port District is providing the funding for the Symphony orchestra's direct concert costs.
Attachments:
Contract - San Diego Symphony tI
Indemnification Agreement - Rohr Industries rI
Tideland Activity Permit - Port District 1I
wplpops
)9~~
XIIDBJlNU'XCATXOII AGRBBKEIIT
The city of Chula Vista agrees to indemnify and hold harmless
Rohr, Inc. from any liability arising from the City'S use of
Rohr, Inc.'s employee parking lot located at "G" street and Marina
Parkway. Said property, which is owned/leased by Rohr, Inc., will
be used for public parking during a city/Port District sponsored
Symphony Pops Concert on August 23, 1992.
The City of Chula vista also agrees to defend Rohr, Inc. in any
litigation arising from this activity.
DATE
Tim Nader, Mayor
City of Chula vista
19'31/4..,1./
Attachment C
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND ACTIVITY PERMIT
PERMITTEE:
City of Chula Vista
USE OR ACTIVITY: Symphony PODS COOncert
LOCATION FOR WHICH PERMIT ISSUED:
Bays i de ParK.
EFFECTIVE DATES: August 23. 1992
SECURITY DEPOSIT:$ N/A
THIS PERMIT FOR TIDELAND USE IS ISSUED SUBJECT TO THE
FOLLOWING TERMS AND CONDITIONS:
1. Permittee shall comply with all applicable laws, rules
and regulations of the District and other governmental
entities.
2. Permittee shall keep the property and all equipment used
in connection with this permit in a clean, safe and sanitary
manner and in good repair at all times. Allor any portion of
the security deposit shall be available unconditionally to the
District for the purpose of cleaning or repairing damages to
the property upon termination of this permit.
3. This permit may be cancelled by either party by the
giving of twenty-four (24) hours notice in writing to the
other party. Such cancellation shall be without liability of
any nature.
4. This permit shall not be transferred or assigned.
5. Permittee shall defend, indemnify, and hold harmless
District, its officers and employees against all causes of
action, for judicial relief of any kind, for damage to
property of any kind whatsoever, and to whomever belonging,
including Permittee, or injury to or death of any person or
persons, including employees of Permittee, resulting directly
or indirectly from activities in connection with the issuance
and performance of this permit or arising from the use of the
property, facilities or services of District, its officers or
employees.
19~.5
6. Permittee shall maintain comprehensive public liability
(covering operations, products and completed operations) and
blanket contractual coverage insurance throughout the term of
this permit. The policies shall, as a minimum, provide the
following forms of coverage:$l million combined single limit
(A) Personal Injury and Bodily Injury:
One Person $
One Occurrence $
(B) Property Damage $
Certificates of such insurance, in a form satisfactory to the
District, shall be filed with District's Community Relations
Department. Insurance certificates filed pursuant to this
permit shall contain a non-cancellation-without-notice clause
and shall provide that copies of cancellation notices shall be
sent to the District.
7. The rights and privileges extended by this permit are
non-exclusive.
8. Permittee shall not engage in any activity on property of
the District other than the activity for which this permit is
expressly issued.
9. Permittee shall be subject to and comply with any special
conditions attached hereto.
10. Permittee shall comply with all requirements and
directives of the Port Director of District.
11. In the event of failure of Permittee to comply with any
provision of this permit, this permit may, at the discretion
of the Port Director, be terminated immediately.
SAN DIEGO UNIFIED PORT DISTRICT
Approved:
Permittee hereby accepts this permit and agrees to comply with all
the terms and conditions thereof.
Permittee's signature
Address:
Telephone:
19~~
CHECKLIST FOR THE USE OF TIDELAND PROPERTY
Date request received in
CGA .Oept.:
.Please complete each item below.
1. Sponsoring individual or group:
City of Chula Vista
2. Address and telephone number of contact person:
Brian Cox, Recreation Supervisor II
276 Fourth Avenue, Chula Vista, CA 91910
691-5140
3. What type of event is planned?
Symphony Pops Concert .
4. Where exactly on the bayfront?
Bayside Park - North & South Sections
S. Day and date of event:
Sunday, August 23, 1992
6. Time period: Start
7:00 A.M.
Finish 10:00 P.M.
Actual concert will take place between 7:30 P.M. - 9:00 P.M.
7. Will traffic be affected?
Traffic will be heavier in the area between 6:00 - 10:00 P.M.
Chula Vista Police will coordinate traffic control
. 8. How many persons involved or expected to attend?
4,000 - 8.000
9. If large group, what security arranglllllents have been made?
Chula Vista Police will coordinate crowd control
10. If cCllllllltlrcial or catered event, do you have liability insurance coverage?
NA
Please return this checklist by (within ten 10 working days) or
your request for an event on Port tidelands will be canceled.
"".0 .
/9"7
AGREEMENT BETWEEN THE SAN DIEGO SYMPHONY
ORCHESTRA ASSOCIATION AND THE CITY OF CHULA VISTA
THIS AGREEMENT between the San Diego Symphony Orchestra Association, a
not-for-profit corporation incorporated under the laws of the State of
California (herein called the "Symphony"), and:
Citv of Chula Vista
(herein called the "Presentor"), WITNESSETH:
1. ENGAGEMENT. In cons i de rat i on of the mutual promi ses
the Symphony agrees to furni sh and the Presentor agrees to
of the San Di ego Symphony Orchestra for -one-
be given on:
herei n set forth,
hire the services
concert (s) to
Dav of Week
Sunday
at:
Date
August 23, 1992
Hour
7:30 P.M.
Name of Facilitv
Address
Marina View' Park
Chula Vista
Except as otherwise specifically agreed to in writing, the selection of the
program, any soloist, and other artistic personnel for each concert shall be
at the sole discretion of the Symphony, and the mere consent of the Symphony
to furnish particular music or other matter of persons (including the
conductor) shall not be deemed a waiver or relinquishment of this power.
2. PAYMENT. The Presentor shall pay to the Symphony the amount of:
S 23.000 (twentv-three thousand dollars)
A depos it of
S 2.300 (two thousand three hundred dollars) shall be required on execution
of contract, leaving a balance due of:
S 20.700 (twentv thousand eiQht hundred dollars)
Payment for each concert shall be in 1 awful money of the Uni ted States by
certified check on or before the day of the concert. On failure to pay, the
total amount for all concerts shall then become due and owing. Time is of the
essence to the provisions of this paragraph.
/9-'~
3. THE SYMPHONY SHALL PROVIDE:
SEE ADDENDUM A. PAGE 6 OF THIS CONTRACT
4. FACILITIES. The Presentor shall provide at its expense the above named
facility(ies) at the time(s) indicated.
When required by the Symphony, the Presentor shall furnish, at its expense,
one or two properly tuned concert grand pianos, as requested.
All of the above shall be to the satisfaction of the Symphony, and shall also
be provided for any daytime rehearsals requested by the Symphony prior to and
for each concert.
The Presentor, at its expense, shall furnish for performances all ticket
sellers and takers, ushers, special police, attaches and other like personnel,
any licenses and permits required, tickets of admission and programs, postage
or express charges or printed matter, all other advertising costs, and shall
bear all other expenses in connection with the giving of the concert, to
include:
SEE ADDENDUM A. PAGE 6 OF THIS CONTRACT
The Presentor, at its expense, shall provide the Symphony for its library, Ten
(10) copies of the program for each concert.
5. CREDITS, PROGRAM AND PUBLICITY. The Presentor agrees to display the name
of the Orchestra, the conductor and any other principals in all advertising
and printed programs in such form as may be prescribed by the Symphony, and to
print and distribute house programs from copy furnished by the Symphony, said
copy to be pri nted in its ent i rety as furni shed. Advance proof of house
programs shall be furni shed the Symphony, not 1 ess than two weeks before the
concert date for the Symphony's approval of page format and credits. The
Presentor agrees to promote the concerts and to attempt to obtain an
attendance in a number that the facility at which the performance will be held
will reasonably accommodate.
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6. RESTRICTION. The Presentor agrees that no concert(s) is(are) to be
recorded, broadcast, tel evi sed or otherwi se extended beyond the hall without
the prior written consent of the Symphony.
In the event that the Symphony wishes to have the concert(s) recorded,
broadcast, televised or otherwise extended beyond the facility, the Presentor
agrees to make the facil ity available for the installation, operation and
removal of all necessary equipment and facilities. All costs relative thereto
sha 11 be borne by the Symphony. The Presentor shall not recei ve any fee,
remuneration or compensation for any such extension of the concert(s).
7. NO DISCRIMINATION. The Presentor agrees that admission to and seating in
the hall shall be without regard to race, color, religion or national origin.
8. PROGRAM CHANGES. The Symphony shall have the right, exercisable solely
at its discretion, as represented by the judgment and decision of its Music
Director, Conductor or other authorized representative, to change the program
of any concert at any time and for any reason, regardl ess of any
advertisement, consent or promise of the Symphony, whether contained in
Paragraph One hereof or otherwi se by removi ng from the program any mus i c or
other matter to be presented and substituting therefor other music or matter,
and by removing any person, including the Conductor of the concert, persons or
group of persons, except the San Di ego Symphony Orchestra itself, and either
subst itut i ng therefor other person, persons or group of persons or none at
all, and the Symphony's performance of the program as so changed shall be
deemed full performance of its engagement and obligations, whether under
Paragraph One hereof or otherwise, for the concert which would have otherwise
been performed.
9. IMPOSSIBILITY OF PERFORMANCE. If the concert or concerts which are the
subject matter of thi s agreement are prevented from occurri ng for any reason
whi ch is beyond the control of either of the parties such as an act of God,
fire, illness or physical disabil ity of a key performer, acts or regulations
of public authorities or labor unions, labor difficulties, lock-out, strike,
civil tumult, war, riot, power failure, air raid, or air raid alarm, act of a
public enemy, interruption or delay of transportation service for musicians,
epidemic, ("Intervening Force"), the duties of the parties herein specified
including the duty of Symphony to perform and the duty of Presentor to pay
shall be suspended, each party to bear their own costs incurred in the
preparation of the concert to the time of the Intervening Force. The deposit
shall be forthwith returned. Then each of the parties shall agree to meet and
confer for the purpose of rescheduling the performance or performances herein
specifi ed, and all reasonabl e effort will be made to reschedul e the
performance and to perform as herein specified. Upon reaching an agreement as
to a re-performance, the deposit shall be paid back to the symphony.
10. EXCUSE FROM PERFORMANCE. The Symphony is not requi red to perform the
concert or concerts as herein specified if the area, material and facilities
as herein, or as required in Addendum A to be provided by Presentor have not
been substantially provided.
-3- /9-- It}
11. NOTICE. Any notice which is provided to be given under the terms of this
agreement must be in writ i ng and may be gi ven personally or by regi stered
mail, directed to the Symphony at 1245 Seventh Avenue, San Diego, CA 92101,
and to the Presentor at its address as set forth below. Either party may, by
like notice, designate a different address for the serving of notices.
12. MODIFICATION. No modification or waiver of any of the terms of this
Agreement shall be valid unless in writing and executed with the same
formal ity as this Agreement. Failure of either party to insist in anyone or
more instances upon strict performance of any of the terms and provisions on
the other party's part to be performed, shall not be considered as a waiver or
rel inquishment of any such term or provision for the future, and the same
shall continue in full force and effect.
-13. HOLD HARMLESS/INSURANCE
HOLD HARMLESS: Symphony agrees to indemnify and hold harmless the City of
Chula Vista against and from any and all damages to property or injuries to or
death of any person or persons, including property and employees or agents of
the City, from any and all claims, demands, suits, actions or proceedings of
any kind or nature including worker's compensation claims, of or by anyone
whomsoever, in any way result i ng from or ari sing out of the negl igent or
intentional acts, errors or omissions of the Symphony or any of its officers,
agents or employees.
Presentor agrees to indemnify and hold harmless the Symphony against and from
any and all damages to property or i njuri es to or death of any person or
persons, including property and employees or agents of the Symphony, from any
and all claims, demands, suits, actions or proceedings of any kind or nature
including worker's compensation claims, of or by anyone whomsoever, in any way
resulting from or arising out of the negligent or intentional acts, errors or
omissions of the Presentor or any of its officers, agents or employees.
INSURANCE: Symphony shall, throughout the duration of this Agreement maintain
comprehensi ve general 1 i abil ity and property damage insurance coveri ng all
operations hereunder of Symphony, its agents and employees including but not
1 imited to premises and automobile, with minimum coverage of Five Hundred
Thousand Dollars ($500,000.00) combined single limits. Evidence of such
coverage, in the form of a Certificate of Insurance shall be submitted to the
City Clerk at 276 Fourth Avenue. Said policy or policies shall provide thirty
(30) day written notice to the City Clerk of the City of Chula Vista of
cancellation or material change.
Presentor shall, throughout the duration of this Agreement maintain
comprehensi ve general 1 i abil ity and property damage insurance covering all
operations hereunder of Presentor, its agents and employees including but not
1 imi ted to premi ses and automobil e, with mi nimum coverage of Fi ve Hundred
Thousand Dollars ($500,000.00) combined single limits. Evidence of such
coverage, in the form of a Certificate of Insurance shall be submitted to the
San Diego Symphony at 1245 Seventh Avenue, San Diego. Said policy or policies
shall provide thirty (30) day written notice to the Symphony of cancellation
or material change.
-4-
jq-l/
14. ASSIGNMENT. Each of the parties to this agreement are required to
perform personal services to the other party. Therefore, this agreement shall
not be assigned by either party to any other person, firm, association,
organization, or entity without the prior written consent of the other party,
which written consent may be withheld for any purpose whatsoever in the sole
discretion of the party whose consent is required.
15. CONSTRUCTION. Thi s Agreement shall be construed, governed, and
interpreted pursuant to the laws of the State of California, and is a
California Contract. This Agreement represents the full understanding between
the part i es, and nei ther party shall be bound by any terms or undertaki ngs
other than those contained therein.
IN. WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR
BELOW WRITTEN.
PRESENTOR'S NAME:
CITY OF CHULA VISTA
BY:
THE SAN DIEGO SYMPHONY ORCHESTRA
ASSOC I A TI ON
BY:
WESLEY O. BRUSTAD
Executive Director
TITLE
276 Fourth Avenue
Chula Vista. CA 92010
PRESENTOR'S ADDRESS
DATED :
19_
19_
WPC 1683R
-5-
/9~/.2
ADDENDUM "A"
Addendum to Contract:
THE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION
Summer Pops Runout Program
Presentor agrees to provide the following for outdoor concerts:
J. At least four (4) properly suppl ied restrooms, 2 marked women and 2
marked men, for the exclusive use of the Orchestra members, as required by the
Symphony's Master Agreement. (Portable restrooms are acceptable. If portable
restrooms are provided, then handiwipes should be supplied in lieu of a sink.)
2. ISO' x 70' smooth and level space adequate for set-up of concert shell.
3. 110/220 single phase electrical service with 100 amps per leg to be
located within 100 feet from stage/shell.
4. Additional sound needs, if required, are to be contracted from the sound
company designated by Symphony.
5. Backstage security consisting of two (2) personnel beginning one hour
prior to scheduled concert time and ending one-half hour after conclusion of
concert.
Symphony agrees to provide:
1. One (1) performance of approximately 90 minutes duration.
2. Pops Conductor and Program, to be determined by Symphony.
3. Equipment:
a. San Diego Symphony Orchestra Pops shell.
b. Music stands and seating for the Orchestra.
c. Overhead lighting for the Orchestra.
d. San Diego Symphony Orchestra sound system for facil ities with a
seating capacity of up to 3,500.
e. Stage platform.
4. Production crew to set up Orchestra equipment.
5. Fireworks display to conclude the program.
ACCEPTED BY:
Citv of Chula Vista
LOCAL PRESENTING ORGANIZATION SIGNATURE
DATE 19_
TITLE
WPC 1683R
-6- /~"' /.3 / 1'1_1'1
RESOLUTION NO.
I~ 7f~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR A SYMPHONY CONCERT AND TO ENTER
INTO INDEMNIFICATION AGREEMENTS
WHEREAS, the City, in conjunction with the San Diego
Unified Port District, is planning to host the San Diego Symphony
Pops Orchestra for a concert at Bayside Park on Sunday, August 23,
1992; and
WHEREAS, staff recommends that Council adopt the
resolution authorizing the Mayor to execute a contract with the San
Diego Symphony and to enter into an indemnification agreement with
Rohr Industries for the use of their parking facilities, and with
the San Diego Unified Port District as part of their Tideland
Activity process.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve and authorize the Mayor
to execute an Agreement between the San Diego Symphony Orchestra
Association and the city of Chula vista for a symphony concert at
Bayside Park on sunday, August 23, 1992, a copy of which is on file
in the office of the city Clerk.
BE IT FURTHER RESOLVED that the City Council approves and
authorizes the Mayor to execute an indemnification agreement with
Rohr Industries for the use of their parking facilities, and a
Tideland Activity Permit from the San Diego Unified Port District,
copies of which are on file in the office of the city erk.
'''J
Presented by
Jess Valenzuela, Director of
Parks and Recreation
C:\n\lympbooy
/9~)5
COUNCIL AGENDA STATEMENT
,J.,O
Item
Meeting Date: 8/4/92
Report: Request to conduct parade from Montgomery Elementary
School
SUBMfITED BY: Director of Parks and RecreatioQ.
REVIEWED BY: City Manager jG\ ~ ~\ (4/5ths Vote: Yes_Nox.)
{j /'t
Montgomery Elementary School is requesting permission to conduct a school parade on October 9,
1992.
TIEM 1TI'LE:
RECOMMENDATION: That Council approve the request subject to staff conditions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The principal of Montgomery Elementary School has requested permission to conduct a school
parade on October 9, 1992, from 12:45-1:45 P.M. (Attachment A). The parade commemorates El
Dia De La Raza (Columbus Day). The proposed parade route is indicated on the attached diagram
(Attachment B). Students from the school will participate, along with a marching band, and possibly
a unit from the Fire Department and the Police Department. The school has conducted this parade
for a number of years without incident.
Approval should be subject to the school meeting the following conditions:
1. Provision of a certificate of insurance and policy endorsement in the amount of $1 million,
naming the City of Chula Vista as additional insured.
2. Execution of a hold harmless agreement.
3. Provision of adequate traffic control as determined by the Police Department. The cost for
any required service will be paid for by the event sponsor.
FISCAL IMPACT: None.
Attachments: A - Letter of Request >
B - Diagram of streets involved IIDr S~If""E/)
wp\parade
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Chula V iSla Elcmenlary School District
John J. Montgomery Elementary School
1601 Fourth Avenue. Chula Visla. California 92011 . 619422-6131
Ruben Castaneda, Principal
@
June 25, 1992
Manuel Mollinedo
Director, Parks & Recreation
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Mollinedo
I would like to request a Parade Permit for Montgomery Elementary School's
17th annual Dia de la Raza/Columbus Day Parade. I have asked our school
district's business office to send you a letter showing our liability
insurance coverage as required for this permit.
The parade will take place Friday, October 9, 1992. Step-off time will be
12:45 p.m.
The parade route and information regarding the significance of this day are
attached to this letter. Each classroom in the school will represent a
Latin American Country and will march as a unit in the parade. We hope to
have police units and a fire engine from the Chula Vista Fire Department.
The parade should last about 45 minutes.
If you have any further questions, please contact me at Montgomery
Elementary School, 422-6131.
Sincerely,
~~
Ruben Castaneda
Principal
RECEIVED
enc.: Parade Route
Holiday History
'- ~ 1992
cc: John D. Goss, City Manager
Tim Nader, Chula Vista Mayor CHUU.
Carol Gove, Chula Vista Fire Department RECREATlONDEPT.
Lt. Ross Withers, Reserve Advisor, CVPD
John Linn, Assistant Superintendent, Business, CVESD
Dr. John Vugrin, Superintendent, CVESD
Mary Helvie, Communications, CVESD
John Harder, Principal, Otay School
He: jv
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A~~I\IUAL JOHN
OTAY
orA DE L_A
J. MONTGO[V1ERY
SCHOOL
RAZA PARADE
PARADE ROUTE
Montgomery
School
Montgomery Street
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COUNCIL AGENDA STATEMENT
Item
021
Meeting Date Auqust 4. 1992
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
SUBMITTED BY:
Resolution Approving PC~92-4t.V:l~
Director of Planning~// ~
,~.l r
City ManagerJ~ \1J~\\ (4/sths Vote: Yes_No-1Ll
REVIEWED BY:
staff recommends continuance of this item to the Council meeting of
August 11, 1992 to allow City staff to review issues raised in the
appeal with the appellant and representatives of EastLake. The
appellant concurs with the continuance of PCC-92-40.
Jj -!
ITEM TITLE:
It~d..
Meeting Date"?ml.l91... ~h)7~
Report evaluating the possibility and feasibility of paving or
closing Elm Avenue and two adjacent alleys east of Second
Avenue, between Madrona Street and "F" Street, in response to
a pet it i on submi tted by res idents on Madrona Street, Cypress
Street, and Hi not Ave. nue AJ
Director of Public W~;k~{r-
City HanagerJL1 ~ ~'I (4/5ths Vote: Yes_No..!..>
- 0 ~ Council Referral No. 2359
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
REYI OlEO BY:
On July 8, 1991, the City received written communication from property owners
on Madrona Street, Cypress Street, and Minot Avenue expressing road safety
concerns and suggesting solutions to their concerns. The property owners
requested that the City consider paving or closing three dirt alleys: Elm
Avenue and two adjacent alleys east of Second Avenue, between Madrona Street
and "F" Street (these alleys are shown on the accompanying plat). Said
request was submitted to the ci ty in the form of a pet it i on dated July 30,
1989 and signed by 27 residents (representing 24 separate parcels).
The City Council directed staff to prepare a study on the homeowners' request
to either pave or close the alleys.
This report analyzes the homeowners' request and suggested alternatives.
RECOMMENDATION: That staff be directed to: 1) discontinue work on the
subject alley improvement until the affected property owners support formation
of an assessment district; and 2) pursue vacation of portions of alleys as
discussed subject to the payment of fees.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
.
The Engi neeri ng Di vi sion has completed a study to determi ne the possi bil i ty
and feasibility of paving or closing three dirt alleys (Elm Avenue and two
adjacent alleys east of Second Avenue, between Madrona Street and "F" Street),
as requested by City Council, addressing the petition submitted by a number of
homeowners on Madrona Street, Cypress Street, and Minot Avenue.
In the petition, the homeowners expressed the following concerns:
1.
In the summer, dust gets "all over the place" and into the
homes adjacent to the dirt alleys.
In the winter, the dirt alleys are muddy and have potholes.
2.
3.
Currently, the all eys are "paved" with gravel, which causes
vehicles to skid and lose control.
~ 7~,h~ ~J~
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Page 2, Item ) 8"
Meeting Date 7/28/92
4. On several occasions, vehicles have lost control and gone
through fences into backyards.
5. The above conditions have progressively worsened over the years.
In addition, the homeowners requested that the dedicated alleys (Elm Avenue
between "F" and "G" Streets and the two alleys north and south of Cypress
Street between Second and Elm Avenues) be either paved or closed. If the City
opts to close the alleys, the homeowners requested that the property be
returned to them.
This report presents a discussion of the two options suggested by the
homeowners (to either pave or close the alleys) in their letter and petition
to the City.
ODtion 1 involves paving the alleys in accordance with City standards, which
will require installation of an 8" thick, welded wire fabric reinforced
concrete pavement structural section. The cost of these improvements would be
approximately $235.000, including excavation, construction, design, and
contract administration (a detailed cost estimate for Option 1 is attached).
In accordance with Council Pol icy No. 505-01, improvements to the subject
alleys can be funded by the establishment of an assessment district consisting
of approximately 35 homeowners on Madrona Street, Cypress Street, portions of
Mi not Avenue, and portions of Patri ci a Avenue and one res ident on Second
Avenue. The approval of a majority of the homeowners is required to establish
an assessment district. Under an assessment district, the average cost would
be $8,150 with the cost to individual homeowners ranging from $7,750 to
$17,250.
Engineering staff discussed the use of an Assessment District to fund the
alley improvements with Mr. Jess Morales (resident of 155 Madrona Street and
original circulato" of the petition). During the discussion, Mr. Morales
indicated that the homeowners would not favor the formation of an Assessment
District and that he felt the City should fund the alley improvements from tax
revenues. Engineering staff explained to Mr. Morales that this type of
funding and/or alternate funding is not available for alley improvements.
The cost of improving a public right-of-way is ordinarily borne by the owner
of an adjacent property as a requirement associated with development of that
property. If the property is developed as part of a subdivision, the cost is
passed on to the subsequent owner.
This situation is implicit in Council Policy 576-10 which states that "No
reconstruction will be made by City forces on existing alleys which have not
been improved to the standards adopted by thi s policy." We are not aware of
any instances where the City has devi ated from thi s pol icy except for Otay
Town where Community Development Block Grant funds are being used to finance
installation of alleys and street lights. In low income areas eligible for
CDBG funding alleys have been improved. This is not an eligible area.
~
.
.
...-~
Page 3, Item ) ~
Meeting Date 7/28/92
Ootion 2 involves closing the alleys, which would cost approximately SI8.000
to 522.500, including installation of curb, gutter, and sidewalk and three
driveway approaches (to replace the alley entrances at Elm Avenue), erection
of barricades, installation of signage, and staff time (a detailed cost
estimate for Option 2 is attached).
It shoul d be noted that it is not necessary to keep the alleys open in order
to afford adequate access by emergency service vehicles, City maintenance
vehicles, and Laidlaw trash trucks because all residences are accessible from
the existing paved surface streets that front ill of the residences. In a
5/18/92 telephone discussion with Laidlaw, it was indicated that alley pickup
is preferable because less maneuvering is generally required. Also, the right
of ingress/egress to propert i es and of access to overhead ut 11 it ies (i.e.,
telephone, electric, and cable television) must be maintained if the City
should opt to close the alleys.
Cl osi ng the two all eys north and south of Madrona Street wou1 d create access
problems for some residences that have "on-site" parking that is accessible
via the alleys. These residences can be classified in two ways: 1) those
residences which have dual access by use of the frontage street and by use of
the alleys; and, 2) those residences with on-site parking which is accessible
sole1v by way of the alleys (these residences are identified on the
accompanying plat). The houses that fall into the latter category are located
at: 155, 159, 195, and 196 Madrona Street; 156, 157, 160, 164, 171, 186, and
195 Cypress Street; and 336 Patricia Avenue (it does not appear that the
resident at this address is signatory to the petition from the homeowners).
The residences at 155 Madrona Street and 156 Cypress Street would retain
on-site parking access, but a majority of the remaining houses will completely
lose access to their garages because access from the surface streets cannot be
fac 11 itated by construct i ng new dri veways and/or re-ori ent ing thei r garage
doors.
In order to vacate the streets, the City Council will be required to find, on
the basis of evidence collected in a public hearing, that the alleys are
unnecessary for present or prospective publ ic use in accordance with Section
8324 of the Ca1 ifornia Streets and Highways Code. In addition, Section 8340
allows for the placement of reservations and/or except ions upon the vacation
for specific purposes if required. The City does not own the land underlying
the alleys and the property would, therefore, revert to the property owners.
However, it is unlikely that evidence can be presented in the required public
hearing to justify a finding to vacate the alleys because of their current
usage as sol e access to several res idents' garages. Therefore, we do not
recommend this option.
If the alleys are closed, Engineering staff recommends that a fourth alley,
the 7.5 feet wide alley located south of Madrona Street between Second and Elm
Avenues, also be closed in order to eliminate possible conflicts for vehicles
that mi ght exi t Second Avenue at thi s poi nt and reach a "dead end" at the
closed portion of Elm Avenue. This alley currently provides access to
overhead utilities (i.e., telephone, electric, and cable television), several
backyards, and one garage (at 196 Madrona Street).
. )~.J
c;l~~-3
Page 4, Item J gr"
Meeting Date 7/28/92
It is feasible, however, to vacate that portion of Elm Avenue south of Madrona
Street and the 7.5 ft. wi de alley south of Madrona Street from 154 Madrona
Street to the east property line of 196 Madrona. The remaining portion of Elm
Avenue cannot be vacated because it provides an alternate means of ingress and
egress and facilitates adequate circulation for the two adjacent, narrow
alleyways.
Because of the above-mentioned position of the owners as indicated to staff,
we recommend that consideration of an assessment district for improvement of
these all eys be dropped. In the event that the affected property owners
decide in the future that they wish to pursue a district, the Engineering
Division would be pleased to work with them. We further recommend that the
portion of Elm Avenue south of Madrona Street and the 7.5 ft. wide alley south
of Madrona Street from 154 Madrona Street to the east property 1 ine of 196
Madrona be vacated and an easement ma i nta i ned for overhead ut 11 it ies. The
total estimated cost of this partial vacation comes to $7,000 (cost estimate
attached). A vacation deposit fee of $1,000 is required prior to proceeding
with the vacation process.
FISCAL IMPACT: The cost to implement Option 1 is estimated to be
approximately $294,000. Paving the alleys could be funded through the
formation of an assessment district consisting of the 10 homeowners on Madrona
Street, 21 homeowners on Cypress Street, one homeowner on Minot Avenue, two
homeowners on Patricia Avenue, and two residents on Second Avenue. The cost
to implement Option 2 is estimated to be between $18,000 and $22,500.
WPC 5991E
KPA:File No. KY-158
c- ~~L-
CITY OF CHULA VISTA
ENGINEERING DIVISION
File KY-158
COST ESTIMATE
PROJECT illLE: Paving of Elm Avenue and Two
Adjacent Alleys
Option 1 - Paving the Alleys
DATE,
PREPARED BY,
a1ECKEDBY,
2/24/92
KPA
SMN
NO. ITEM QUAN'ITJ'Y UNIT UNIT PRICE AMOUNT
1 Excavation & Grading (Includes Protection 725 CY $30.00 $21,750 .
& Restoration of Existing Improvements
2 8" P.c.c. Alley 29,350 SF $5.00 $146,750 ,
3 Desie.n/Surveving LS LSi $25,000.00 $25,000
4 Contract Administration IS LS $10,000.00 $10,000
SUBTOTAL $203,500 i
CONTINGENCIES (15%) $30,525 !
PROJECT TOTAL $234,025 !
, 'SAY $235,000 i
..- '/r C
I :,;.. -.
~~-5
CITY OF CHULA VISTA
ENGINEERING DWISION
File KY-158
COST ESTIMATE
PROJECT TITLE: Paving of Elm Avenue and Two
Adjacent Alleys
Option 2 - Closing the Alleys
DAre:
PREPARED BY:
aiECXED BY:
5/12/92
KPA
SMN
NO. ITEM QUANITIY UNIT' UNIT PRICE AMOUNT
1 StaffTime (Includes Full Cost Recovery) 18 LS S6,OOO,OO $6,000
2 Barricades 8 EA $360,00 $2,880
3 Si2na2e 18 18 $1,000,00 $1,000
4 Curb, Gutter, and Sidewalk 150 LF $35.00 $5,250
5 Drivewav Approaches (3 Total) 480 SF $4.50 $2,160
6 A.c. Removal and Replacement 150 SF $5.00 $750 I
, ,
SUBTOTAL $18,040 i
CON1INGENC~(25%) , 54,510 I
PROJECT TOTAL $22,550 i
SAY $22,500 i
I ! I
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CITY OF CHUU VISTA
ENGINEERING DWISlON
File KY-158
COST ESTIMATE
PROJECT TITLE: Paving of Elm Avenue and Two
Adjacent Alleys
Option 3 - Closing Elm Ave. slo Madrona
and 7.5' WIde Alley slo Madrona St.
DAlE:
PREPARED BY:
CHECKED BY:
7/14/92
KPA
SMN
NO. l'IEM QUAN'I1TY UNIT UNIT PRICE AMOUNT
1 Stafr Time (Includes Full Cost Recovery) LS LS $3,000.00 $3,000 I
2 Barricades 2 EA $360.00 $720
3 Si2Illlge LS LS $200.00 $200
4 Curb, Gutter, and Sidewalk 40 LF $35.00 $1,400
5 A.C. Removal and Replacement 40 SF $5.00 $200 !
SUBTOTAL $5,520 !
CONTINGENCIES (25%) $1,380 .
PROJECT TOTAL $6,900 I
SAY .. $7,000 :
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Date :
'10:
Pr~:
Subject:
.
Written Comms: 7/16/91
July 30.1989
City of Owla Vista PlAnning and Jtoad Maintenance pept.
a.e Owners
El.III Avenue
ElII avenue and two other alleys are dirt alleys. In the
sUIIIIlIer tiIle. we have the problem of dust getting all oyer the
. .
place and inside our homes. In the winter, 1Ie have mud and holes.
Just recently, a vehicle went through the fence into. back yard.
'1'his happens often. Right now, there is gravel on the alley and
vehicles skid and lose control. 'l'his problem is getting worse and
nothing has been done for llany years.
.
Solution: As. dedicated alley or street, we as home owners would like these
alleys paved or closed and the property returned to the home
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Jte.pectively Submitted:
. ~~ e e - 6 ~.-.....
Property Owners em Madrana, Cypress and Minot
WRlnEN COMMUNICATI~NS
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ItROJEC'1' TITLE
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COUNCIL INFORMATION ITEM
FOR CITY MANAGER'S
REPORT ON 8/4/92 COUNCIL
AGENDA
-#~3
DATE:
July 30, 1992
The Honorable Mayor and city co~il
John Goss, City Manager 1& 1., ,7/
. I V'l. 1nj)'O
Rosemary Lane, Library D1rector ~ ~
TO:
VIA:
FROM:
SUBJECT:
Potential Joint Meeting with Library Board of Trustees at
4:00 PM, September 10, 1992 to Provide Input to Architect
on South Chu1a vista Library Project
The Library is now working with the architectural firm of LPA, Inc.
and the design architect, Ricardo Legorreta, on plans for the South
Chula vista Library. By early september, the architects will have
prepared a preliminary schematic design package that is ready for
public comment. Therefore, in light of time restrictions, the
Library would like to request that the Council hold a joint meeting
with the Library Board of Trustees at 4:00 PM, Thursday September
10.
At that meeting John Mattox of LPA, Inc.~ and Mr. Legorreta would
present a preliminary site plan, elevation drawings and floor plans
of the new library. This session would provide both the City
Council and the Library Board an opportunity to provide meaningful
input at a critical point in the planning process.
The Library
presentation,
public.
also intends to solicit community input at a
later that evening, that will be open to the general
,
J3~ --- /
COUNCIL INFORMATION ITEM
July 31, 1992
From:
The Honorable Mayor and City Council
John D Goss, City Manage~
To:
Subject: Hiring Freeze - Fleet Manager and Deputy city Attorney
On June 16, 1992, the city Council approved a hiring freeze on all
vacant positions pending the outcome of the adoption of the State
budget. In taking this action, Council exempted sworn safety
personnel and part time personnel. All other positions were to be
reviewed on a case by case basis. The purpose of this memo is to
recommend to the city Council that two additional positions, Fleet
Manager and Deputy City Attorney, be approved to be filled. Both
positions were approved in the FY 92-93 budget. The following
provides justification for City Council approval to fill these
positions:
Fleet Manaqer: The Fleet Manager will be paid an annual salary of
$56,124. Of that amount $33,674, or 60%, will be paid by the
General Fund and $22,445, or 40%, will be paid by Sewer and Gas Tax
Funds, Development Fees and CIP projects. The position was vacated
due to the retirement of John Alden.
* The Fleet Manager is the technical expert for
vehicle maintenance in the City's work force.
As such, this position manages and oversees
the maintenance of a multimillion dollar
investment for the City. Not filling this
position could adversely impact, not only the
city's investment, but also its operating
departments including Police and Fire through
improper management of these resources.
* Using a lower level manager or supervisor to
fill this is not a practical option. The
Fleet Maintenance Division does not have the
depth of management background to manage the
fleet for longer than a short interim basis.
* This division of Public Works currently has
two mechanic vacancies which will not be
filled due to the State budget crisis. Thus,
oversight and coordination of maintenance
activities to make effective use of existing
resources becomes more critical.
* Staff has completed the recruitment and
testing process for this position, and the
list is currently approximately one month
old. Staff is concerned that further delay
could cause the loss of the number one
candidate.
:23 b - /
It is staff's recommendation that the City Council authorize staff
to fill the Fleet Manager position. Notwithstanding the current
hiring freeze, the Fleet Manager is an important position which has
critical impact on the City's resources and investments.
DeDutv city Attornev: The Deputy City Attorney will be paid an
annual salary of $65,000. Of that amount $32,500, or 50%, will be
paid by the General Fund and the remainder will come from the
Redevelopment Agency, Sewer Fund, Development Impact Fees and
Transit.
It goes without saying that the city Attorney's function is an
integral part of City operations. Input from this department is
critical to the integrity of documents, reports, contracts,
resolutions and ordinances developed by staff and approved by the
City Council and Redevelopment Agency. As the City has grown in
population and size, the number and complexity of issues it deals
with have had a corresponding impact on the workload of staff in
general and the City Attorney specifically. Current issues
confronting this department include but are not limited to:
* SR 125 Litigation
* Otay Water District Litigation
* Scripps Litigation
* Charter Amendments
* Municipal Code and Ordinance Work
* Land use activities including CEQA
certification resolutions, Resolutions of
Necessi ty , zoning changes, Environmental
Impact Reports, etc.
Current projects requiring these services
include Otay Ranch, Scripps, Homart, the
autopark, the bayfront, the Bonita Hotel, etc.
A partial list of other projects requiring
legal input includes: the Corporation Yard
site acquisition, the SDGE street light
acquisition, purchase of the Adamo property
for expansion of the existing civic Center.
Authorization to fill this position is critical to the efficient
operation of the City. The addition of the Deputy City Attorney
will enable the City Attorney to more effectively delegate current
assignments thereby increasing the overall efficiency of city staff
and departments. The filling of this position is recommended by
the City Attorney. It is recommended that the city Council
authorize filling this position.
F:\WP61\SWM\HIREFREZ
rJ3 p ---- J-
THE SAN DIEGO UNION-TRmUNE OPINION
h..day, JllIy 28, 1992
Political system is in need of repair;
prevent the 'wasted vote' syndrome
.. JOHN ANDERSON
When Ross Perot suddenly quit
the presidential race, be left
millions of supporters without a
candidate. Frustrated with a two-party
duopoly, many feel they are without
real choices or real voices; they wonder
what to do next.
It doesn't have to be this way. We
'could easily make it simpler for new
candidates such as Perot to run and
allow supporters of these new candi-
dates to vote their true beliefs.
In 1980, I ran for president as an
independent. I bad my name put on the
ballot in all 50 states and. for a time.
my standing in the polls was more than
20 percent, showing that millions of
Americans supported my platform.
Yet in the end, I received only about
7 percent of the vote. It wasn't be-
cause all those voters stopped support.
ing me. It was because many calculated
that I couldn't win and that a vote for
me would be wasted.
A system ca1Ied majority preferential
Majority preferential
voting allows voters
for losers to have
a second chance.
voting could eliminate the chilling ef.
fects of this "wasted vote" syndrome.
Used in Australia since the 19205.
preferential voting ensures that a
winner has majority support and sensi.
bly allows voters for losers to have a
second chance.
Here's how it works. Rather than
simply vote for one candidate, voters
rank candidates in order of preference,
putting a 1 next to their first choice, a
2 next to their second choice and so on
until they no longer want to support
any remaining candidate. .
After voting is completed, first chOlC.
es are counted. U a candidate receives
more than 50 per~t, he or she wins.
But if no candidate has a majority,
the candidate with fewest first-choice
votes is eliminated, and the ballots of
voters who indicated that candidate as
their first choice are redistributed to
--their second choices.
This process continues until a candi.
date gains more than SO percent.
As with runoff elections, majority
preferential voting ensures that the
winner has majority support, but has
several additional advantages over run-
offs. It is cheaper. as no second elec.
tion is required.
ANDERSON is a visiting professor al Nova
University law School in Fort Lauderdale,
Fl.
It increases the likelihood of. baving .
high voter turnout in the determining
election; in runoff elections, supporters
of eliminated candidates often do not
vote. It promotes positive campaigning:
Because candidates may need votes
t:raDsferred from eliminated candidates,
they will not want to alienate other
candidates' supporters.
Would preferential voting have
changed the 1980 result? Probably not.
However, I might have received 20
percent of the vote, as my candidacy
would have been treated more serious.
Iy, and more people might have voted.
Ronald Reagan likely would have
been forced to explain his economic
program more thoroughly with me II'
8erious contender. His mandate as
president also would have been clearer
if his victory had depended on a oignifi-
cant nwnber of transfer votes from my
supporters - people who wanted
change, but not Reaganomics.
~ iJh ~:;party du~
GEOFFFlEYMOSS
poly'. otranglebold on political dis-
course would have been broken.
More candidate voices and voter
choices would improve our political
process, just as a free market in eco--
nomics results in products more suited
to conswners' tastes.
We would have a revolution if people
were forced to choose between two
cars; why should we be forced to
choose between only two parties?
Watching the distraught Perot volWl-
teen react to his withdrawal, I was
struck by the tragedy that so many
Americans want to be involved, want to
make a difference, yet keep being disil-
lusioned by broken promises and
Teflon bureaucracies.
Don't we owe them the right to have
as much of a voice as possible? Don't
we owe them consideration of a simple.
aensible reform like preferential voting?
I believe we do.
A vote is a terrible thing to waste.
C 1"2. Tbe N_ I..... T-..
INFORMATION ITEM
July 30, 19992
VIA:
Honorable Mayor and City Council ~
1'( to ji
John D. Goss, City Manager l i:) j/ S .
Chris Salomone, Director of Community Development C -
TO:
FROM:
SUBJECT:
Status of SDG&E Landscaping
At the July 21, City Council meeting, Councilperson Malcolm requested a status report
on installation of landscaping required for the closure of SDG&E's surface wastewater ponds
and construction of new wastewater tanks at the South Bay Power Plant. In accordance with the
approved coastal development permits issued for the projects, additional trees and shrubs were
planted as in-fill to the landscaping that was already planted within the vicinity of the project.
New landscaping included 5 and 15 gallon Eucalyptus trees, 24" box flowering trees, and 1
gallon shrubs planted in meandering groups to screen the wastewater tanks.
SDG&E was contacted regarding the required landscaping for the Pond Closure and
Wastewater Tank projects as well as the implementation of the SDG&E Master Landscape plan.
According to Pat Barnes, SDG&E's Government Representative, all the landscaping required
for the three projects mentioned has been planted in accordance with the approved plans. A map
denoting the projects is attached for your information.
landsc
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