HomeMy WebLinkAboutAgenda Packet 1992/08/18
Tuesday, August 18, 1992
6:00 p.m.
"I declare undllt pel'laity of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
this A~enja/Notice on the Bulletin Board at
the Public erYl'ces Building ~ City I;lall on .
DATED. '25 1'1. Ita SIGNED ~ (6r,c..." CouncIl Chambers
.. Public Services Building
Regular Meeting of the City of Chula Vista City Council
CAll TO ORDER
Councilmembers Horton _, Malcolm _, Moore _' Rindone ~ and Mayor
Nader
1.
ROIL CAll:
2. PLEDGE OF AILEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: None.
4. SPECIAL ORDERS OF THE DAY: None.
CONSENT CALENDAR
(Items 5 through II)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the
Council by one motion without discussion unless a CounciJmember, a member of the publiJ: or City stllff requests
that the item be pulled for discussiofL If you wish to speak on one of these items, please fill out a "Request to
Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form
to speak in favor of the staff recommendation; complete the pink form to speak in opposilion to the stllff
recommendatiofL) Items pulled from the Consent Calendar will be discussed after Action Items and Boards and
Commission Recommendations. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS: None.
6. ORDINANCE 2524 AMENDING SECTION 2.30.020 OF THE MUNICIPAL CODE RELATING TO
MEMBERSHIP ON THE ECONOMIC DEVELOPMENT COMMISSION (EDC)
(first reading) - On 10/9/90, Council amended Section 2.30.020 and
2.30.060 to expand EDC membership from seven to nine commissioners.
The recommended ordinance is being proposed by the Economic
Development Commission and provides language outlining specific areas
of expertise which should be drawn from in Council's selection of
appointees. The purpose is to encourage a well balanced membership
representing expertise vital to the EDC's role in developing, recommending,
and implementing economic development strategies. Staff recommends
Council place ordinance on first reading. (Director of Community
Development) Continued from the meeting of 8/11/92.
7. RESOLUTION 16755 AMENDING COUNCIL POUCY NUMBER 104-01 TO PROVIDE THAT
BOARD AND COMMISSION RECOMMENDATIONS SHOULD BE PLACED
ON THE CITY COUNCIL AGENDA PRIOR TO ACTION ITEMS - At the
7/28/92 meeting, Mayor Nader suggested that Board and Commission
Recommendations come before the action items on the Council agenda.
Such a change requires an amendment to Council Policy Number 104-01
dealing with the order of business at Council meetings. Staff recommends
approval of the resolution. (City Atrorney)
Agenda
-2-
August 18,1992
8. RESOLUTION 16757 AUTHORIZING PURCHASE OF UBRARY BOOKS TIlROUGH TIffi 01Y OF
SAN DIEGO PURCHASE CONTRACf WITII BAKER & TAYLOR - Council
Resolution Number 6132 authorizes the City to participate in cooperative
bids with the City of San Diego for the purchase of materials or supplies
of common usage. The City of San Diego has awarded its contract for
libraty books. The City is able to purchase its books at the San Diego
contract prices. Staff recommends approval of the resolution. (Director of
Finance)
9. RESOLUTION 16750 APPROPRIATING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACf
FOR "CROSS GlJITER REMOVAL AND INSTALLATION OF STORM DRAIN
FAOUTIES AT HILLTOP DRIVE AND NAPLES STREET" - On 7/28/92,
sealed bids for the project were received. Work includes traffic control,
removal and disposal of existing improvements, relocation of existing
facilities, excavation and compaction, asphalt concrete pavement curb and
gutter, sidewalk pedestrian ramp, driveways, adjustment of manhole and
gate valves, various drainage inlets and structures, shoring, reinforced
concrete pipe, a street survey monument, construction surveying, protection
and restoration of existing improvements, and other miscellaneous work.
Staff recommends approval of the resolution, acceptance of the bids and
awarding the contract to Overson-Rand Corporation. (Director of Public
Works) 4/5th's vote required_ Continued from the meeting of 8/11/92.
lOA RESOLUTION 16758 APPROVING TIffi INITIATION OF PROCEEDINGS AND DESCRIBING TIffi
IMPROVEMENfS FOR OPEN SPACE DISTRICf NUMBER 23 (OTAY RIO
BUSINESS PARK) . In order to initiate the proceedings for the formation
of open space districts, the City Engineer must prepare and file a report in
accordance with the Streets and Highways Code. This resolution will begin
the process for the formation of the open space district for Otay Rio
Business Park. Staff recommends Council: (1) Approve the Engineer's
Report; (2) Declare the Council's intention to form the proposed district in
accordance with Section 17.07 of the Municipal Code and Section 22587
of the Streets and Highways Code; (3) Direct the City Clerk to notice the
public hearing in accordance with Sections 22556 and 22588 of the Streets
and Highways Code; and (4) Set 9/15/92, at 6:00 p.m., as the date and
time for public hearing. (Director of Public Works and Director of Parks
& Recreation)
B. RESOLUTION 16759 ACCEPTING REPORT AND DECLARING TIffi OTY'S INTENTION TO
ESTABUSH CHULA VISTA OPEN SPACE DISTRICf NUMBER 23 (OTAY
RIO BUSINESS PARK) AND SETTING TIffi TIME AND PLACE FOR
HEARING TIIEREON
11. RESOLUTION 16760 GRANTING AN EASEMENT TO TIffi SAN DIEGO COUN1Y WATER
AUTHORI1Y TIlROUGH OPEN SPACE LOT F MAP 11602, BONITA LONG
CANYON ESTATES NUMBER 3, ACCEPT TIffi OFFER OF $4,894.00 AND
AUTHORIZE TIffi MAYOR TO EXECUTE TIffi DEED ON BEHALF OF TIffi
01Y - The County Water Authority has requested an easement for the
purposes of installing a new 72 inch water main across Open Space Lot F
within the Bonita Long Canyon Open Space District (Open Space District
Number 14). The Water Authority currently has an 80 foot wide easement
for existing facilities. This will add an additional 65 feet to that easement.
Staff recommends approval of the resolution. (Director of Public Works
and Director of Parks & Recreation)
* * END OF CONSENT CALENDAR * *
Agenda
-3-
August 18, 1992
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as publii: hearings as required by law. If you wish to speak
to any item, pleiJse fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form
to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual
12.
PUBUC HEARING
TO FORM CHULA VISTA OPEN SPACE MAINTENANCE DISTRICT NUMBER
26, PARK BONITA - On 7/21192, Council approved the Engineer's Report
on the proposed Open Space District Number 26, Park Bonita and set
8/18/92 as the date for a public hearing on the proposed formation. Staff
recommends approval of the resolution. (Director of Public Works and
Director of Parks and Recreation)
RESOLI.JTION 16761 ORDERING THE IMPROVEMENTS AND THE FORMATION OF OPEN SPACE
MAINTENANCE DISTRICT NUMBER 26, PARKBONITA, AND CONFIRMING
THE DIAGRAM AND ASSESSMENT FOR SAID DISTRICT
ORAL COMMUNICATIONS
This is an opportunity for the general publii: to address the City Council on any subject matter within the Council's
jurisdiction that is not an item on this agenda. (State law, however, generally prohibiJs the City Council from
taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a
subject, please complete the yellow "Request to Speak Under Oral CommunU:ations Form" available in the lobby
and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address
for record purposes and follow up action. Your time is limited to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items whii:h hove been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are erpected to elii:it substantiol discussions and deliberations by the
Council, staff, or members of the general public. The items will be considered individually by the Council and staff
recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out
a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Publii:
comments are limited to five minutes.
13. RESOLUTION 16762 SETTING PRIORITIES FOR FlUNG WRITTEN ARGUMENTS REGARDING
CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS - At the meeting of 8/4/92, Council called the
November, 1992 election, to fill two vacant council seats, requested
consolidation with the Statewide general election, and directed five Charter
amendments to be placed on the November, 1992 ballot. Staff
recommends Council approve the resolution and accept the report. (City
Attorney)
REPORT
NOTICE OF TRANSMITTAL OF CITY ATTORNEY'S IMPARTIAL ANALYSIS
OF BAlLOT MEASURES, AND ADVICE REGARDING AUTIlORlNG BAlLOT
ARGUMENTS
Agenda
-4-
August 18, 1992
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda
items pulled at the request of the public will be considered prior to those pulled by Cowrcilmembers. Public
comments are limited to five rnirwtes per individual
OTHER BUSINESS
14. CI1Y MANAGER'S REPORTCS)
a. Scheduling of meetings.
15. MAYOR'S REPORTCS)
a. Designation of voting delegate for League of California Cities Annual Conference in Los
Angeles scheduled for Saturday, 10/10/92 through Tuesday, 10/13/92.
b. Ratification of appointments to Boards/Commissions/Committees:
Board of Ethics: Janet Richter;
International Friendship Commission: Maria Capetanakis, Gabriela Carman and Felix Bruno
De La Mata;
Economic Development Commission: Earl J. Johnson;
Human Relations Commission: Gloria Hicks;
Parks and Recreation Commission: Carmen Sandoval;
Safety Commission: Robert Thomas.
16. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to the Regular City Council Meeting on August 25, 1992 at 6:00 p.m. in the City
Council Chambers.
August 14, 1992
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council ~ .~
Sid W. Morris, Assistant City Manage~~
City Council Meeting of August 18, 1992
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, August 18, 1992. There are no Written Communications on this
agenda.
SWM:mab
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item (.., _ \q1.-
Meeting Date ~ \\ \"
Ordinance 2524 Amending Section 2.30.020 of the Chula Vista Municipal
Code Relating to Membership on the Economic Development Commission
SUBMITTED BY: Community Development Director
REVIEWED BY: City Manage~>4 ~1 ~I
Q%
(4/5ths Vote: Yes
No _XJ
BACKGROUND: The ordinance, as originally proposed by the Economic Development
Commission, has been revised per Council's direction on August 4, 1992.
RECOMMENDATION: That Council introduce the proposed ordinance for first reading.
BOARDS/COMMISSIONSRECOMMENDA TION: The Economic Development Commission
unanimously endorsed the ordinance as currently proposed on August 5, 1992.
DISCUSSION:
The ordinance as currently proposed provides for the following:
Voting Members
Two (2) Chamber of Commerce nominees
One (1) South San Diego Bay Cities Association of Realtors nominee
Six (6) Residents at large
9 Subtotal
Non Voting Members
Five (5) Ex-Officio Commissioners
The ordinance stipulates the selection process by the Mayor and Council. Specifically, of the
six residents at large, two are appointed by the Mayor and each of the remaining four are
appointed by one of the four Council members. Additionally, areas of desirable expertise are
identified for consideration by Council in making appointments.
FISCAL IMPACT: None.
[A:\0RD2524.113
~- I / '-1.
ORDINANCE 2524
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION
2.30.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
MEMBERSHIP ON THE ECONOMIC DEVELOPMENT COMMISSION
THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby ordain
as follows:
Section 1. That Section 2.30.020 of the Chula Vista Municipal Code is amended to read
as follows:
Section 2.30.020 Membership.
A. Number of Members.
The Commission shall consist of nine (9) Voting Members, a Staff Ex-
officio Member, and up to tkree (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 Chula
Vista Chamber of Commerce and who shall, at the time of their appointment and
throughout their term, have membership in the Chamber of Commerce; one (1) of
whom shall be a nominee from the Board of Directors of the South San Diego Bay
Cities Bellffl 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 Bellffl Association of Realtors; and six (6) of whom shall be residents
of the City at large and who shall, throughout their term, maintain their residency
and elector status. two of whom shall be nominated bv the Mavor and four of
whom shall be nominated bv Councilmembers with each Council member entitled
to an individual nomination. all of which at large residents shall be confirmed. and
thus aooointed. bv the entire Citv Council bv a maioritv vote.
2. Staff Ex-officio Member.
The City Manager or his/her designate representative shall be an ex-officio
member of the commission, who shall not be required to be a qualified elector of
the City, but who shall have no vote ("Staff Ex-officio Member").
0'3
.~/
f\""
3. General Ex-officio Members.
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 experience and a diversity
of viewooints. the Council should aoooint Members and Ex-officio Members. with
one or more of the followine: areas of expertise (in addition to the nominees from
the Chamber of Commerce and Association of Realtors as provided in this
Subsection. B.t):
Market Research
Residential Developer
Commercial/Industrial Develooer
Banker/Lender
Major Employer
Small Business Owner
Job Training/Employment Services
Major Land Owner
Labor Leader
Major Utility
Maquiladora/International Business
Educational Institution
San Diego Economic Development COJllOration
South San Diego County Economic Develo.pment Commission
Commercial Real Estate Broker
Section 2. Transitional Provisions. The adoDtion of this ordinance shall not result in the
unseatine: of anv seated Commission member. Vacancies on the Commission in the at lare:e
seats shall be filled bv the Mayor and Council members oursuant to their nominatine: authority
in the followine: order:
The Mavor shall have the authority to nominate the first vacancv. The Councilmember
holdine: Seat No. 1 shall have the authority to nominate the next vacancv in line. the
Council member holdine: Seat No.2 shall have the authoritv to nominate for the next vacancv in
order. the Mavor shall have the authority to nominate the next vacancv in order. the
Councilmember holdine: Seat No. 3 shall have the authority to nominate the next vacancy in
order. the Councilmember holdine: Seat No. 4 shllll have the authority to nominate the next
vacancy in order. and such order continues to reoeat itself until all of the at lare:e seats on the
Commission are filled bv oersons directlv nominated bv the Mavor or a Councilmember.
Section 3. This ordinance shall take effect and be in full force on the thirtieth day from
and after its adoption.
t--1
Presented by:
AAH 00 'W[
Bruce M. Boogaard
City Attorney
Chris Salomone
Community Development Director
[C:IWP51ICOUNCILIRESOSIEDC-ORD.ORD]
(,~
COUNCIL AGENDA STATEMENT
7
Item
Meeting Date
8/18/92
ITEM TITLE:
Resolutionl'~~~ending Council Policy No. 104-
01 to Provide that Board and commissions
Recommendations should be Placed on the City
council Agenda~~r to Action Items
City Attorney IOVP
SUBMITTED BY:
4/sths Vote: Yes___No-X-
At the July 28, 1992 City Council meeting, Mayor Nader suggested
that board and commissions recommendations come before the action
items on the city Council agenda. Such a change requires an
amendment to Council Policy No. 104-01 dealing with the order of
business at Council meetings. The attached resolution will
implement such a change if the Council so desires to implement
same.
RECOMMENDATION: At the Council's discretion, amend the order of
business at City Council meetings to provide that
board and commissions recommendations are heard
before action items on the City Council agenda.
DISCUSSION: No further discussion deemed necessary.
BOARDS/COMMISSIONS RECOMMENDATIONS: N/A
FISCAL IMPACT: Negligible
F: \home\attomey\agendaorder
7-/
RESOLUTION NO. J& 7f~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING COUNCIL POLICY NO. 104-01
TO PROVIDE THAT BOARD AND COMMISSIONS
RECOMMENDATIONS SHOULD BE PLACED ON THE CITY
COUNCIL AGENDA PRIOR TO ACTION ITEMS
WHEREAS, at the July 18, 1992 Council meeting, Mayor
Nader suggested that board and commissions recommendations come
before the action items on the city Council agenda; and
WHEREAS, such a change requires an amendment to the
Council Policy establishing the order of business at City Council
meetings.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby amend Council Policy No. 104-01
as follows:
"Except upon the consent of a majority of the Council
that items may be taken out of the following order, items
shall be taken up in the following order at City Council
meetings:
1. Roll Call
2. Pledge of Allegiance to the Flag, Silent Prayer
3. Approval of Minutes
4. Special Orders of the Day
5. Consent Calendar
6. Public Hearings and Related Resolutions and Ordinances
7. Oral Communications
8. Ae~ieR Items Board and Commission Recommendations
9. Boars aRa CemmioaioR ReeemmeRaa~ieR6 Action Items
10. Items Pulled from the Consent Calendar by the Public
11. Items Pulled from the Consent Calendar by the Council
12. City Manager's Report(s)
13. Mayor'S Report(s)
14. Council Comments
15. Adjournment
Presented and Approved as to form by
Ii- tho Lu.P
Bruce M. BOOgaarY, city Attorney
F: \home\attorncy\orderreso
7 ~;;..
COUNCIL AGENDA STATEMENT
Item
~
Meeting Date 8-18-92
Resolution I~ 75,/ Authorizing City to participate in
award of bid to Baker and Taylor for purchase of library books
SUBMITTED BY: Director of Finance~
REVIEWED BY: City Manager...JlI \'}~ &~1
ITEM TITLE:
(4/5ths Vote: Yes__No-x-)
Council Resolution No. 6132 authorizes the City to participate in cooperative
bids with the City of San Diego for the purchase of materials or supplies of
common usage. The City of San Diego on Bid No. P3153/92 awarded a contract to
Baker and Taylor Company for furnishing it's library book requirement for the
period of July 1, 1992 through June 30, 1993.
RECOMMENDATION: That Council authorize City participation in award of bid
to Baker & Taylor.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City of Chul a Vi sta has part i ci pated on the City of San Di ego bi d for
purchase of 1 i brary books since 1978. Because of the 1 arge number of books
they purchase each year, the City of San Di ego is abl e to recei ve 1 arge
di scounts off the publ i sher' s standard pri ce. Through the cooperat i ve bi d
process, Chula Vista will benefit and receive the same discounts as the City
of San Diego. The contract provides for the following discounts:
DESCRIPTION
PERCENT OFF PUBLISHER'S
STANDARD PRICE
45.2%
45.2% to 0%
45.2%
41. 0%
17.1%
1 copy per title-40%
2-4 copies per title-41%
5-9 copies per title-42%
10+ copies per title-43%
1. Trade Books
2. Technical and Textbooks
3. Books of Trade Nature
4. Single Binding Editions
5. Publisher's Library Binding
6. Mass Market Paperbacks
The firm of Baker and Taylor has been a reliable, prompt and responsive
supplier to the City. The Library Director concurs with this recommendation.
FISCAL IMPACT: $326,000 have been budgeted in
1992-93 book and reference materi a 1 purchases.
will be through Baker and Taylor.
the Library Department for FY
A majori ty of the purchases
WPC 0314U
g'-/
RESOLUTION NO. I" 7.5?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING PURCHASE OF LIBRARY BOOKS THROUGH THE CITY OF
SAN DIEGO PURCHASE CONTRACT WITH BAKER & TAYLOR
WHEREAS, Council Resolution No. 6132 authorizes the City
to participate in cooperative bids with the City of San Diego for
the purchase of materials or supplies of common usage; and
WHEREAS, the city of San Diego on Bid No. P3153/92
awarded a contract to Baker and Taylor Company for furnishing its
library book requirement for the period of July 1, 1992 through
June 30, 1993; and
WHEREAS, the contract contains an option to renew for
additional one year periods through June 30, 1997, at the same
prices and conditions; and
WHEREAS, the Director of Finance and
recommend awarding the contract based on the
received, integrity of Baker & Taylor in fully
discounts, and the fact that Baker & Taylor has
prompt and responsive.
Library Director
large discount
applying these
been reliable,
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby waive all competitive bidding
requirements on the basis that the above referenced supplier was
competively bid by San Diego and authorize the Purchasing Agent to
acquire such library books from Baker & Taylor through the City of
San Diego bid as the Library Director determines is necessary at
the following discounts:
DESCRIPTION
PERCENT OFF PUBLISHER'S
STANDARD PRICE
Trade Books
Technical and Textbooks
Books of Trade Nature
Single Binding Editions
Publisher's Library Binding
Mass Market Paperbacks
45.2%
45.2% to 0%
45.2%
41. 0%
17 .1%
1 copy per title-40%
2-4 copies per title-41%
5-9 copies per 'tle-42%
10+ c ies per ti le-43%
city
Presented by
Lyman Christopher, Director of
Finance
F:\home\attomey\librybks
Bruce M.
Attorney
g' ~ ,;2.
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item I )1"f
Meeting Date ~. fl//8/t!f~
Reso 1 ut i on 11..'1 SD Appropri at i ng funds, accept i ng bids and
awarding contract for "Cross Gutter Removal and Installation
of Storm Drain Facilities at Hilltop Drive and Naples Street
in the City of Chula Vista, CAn
Di rector of Publ i c Works ~
City Manager .Jl1 () ,~)1 (4/5ths Vote: YeslNo_>
SUBMITTED BY:
REVIEWED BY:
At 2:00 p.m. on July 29, 1992, in Conference Room 3 in the Publ ic Services
Building, the Director of Publ ic Works received sealed bids for "Cross Gutter
Removal and Installation of Storm Drain Facilities at Hilltop Drive and Naples
Street in the City of Chula Vista, CA". Work includes traffic control,
removal and disposal of existing improvements, relocation of existing
facilities, excavation and compaction, asphalt concrete pavement, curb and
gutter, sidewalk pedestrian ramp, driveways, adjustment of manhole and gate
valves, various drainage inlets and structures, shoring, reinforced concrete
pipe, a street survey monument, construction surveying, protection and
restoration of existing improvements, and other miscellaneous work.
RECOMMENDATION: That Council:
1. Appropriate $59,200.00 from the unappropriated balance of Gas Tax Fund to
Hilltop and Naples Cross Gutter Removal - CIP ST-144B.
2. Accept bids and award contract to Overson-Rand Corporation in the amount
of $89,553.54.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Hilltop Drive and E. Naples Street Cross Gutter Reconstruction was
authorized for funding in FY 1988-89 with additional funding approved in FY
1990-91. The purpose of this project was to remove the excessively deep cross
gutters at Hilltop Drive and Naples Street which is a signalized intersection
and install a drainage system to remove the water from this intersection.
This construction will improve traffic safety through the intersection by
e 1 imi nat i ng the need for dri vers to brake pri or to the cross gutter which
increases the potent i a 1 for rear-end co 11 is ions. Presently, many cars are
scraping their bumpers on the existing pavement.
Bids for construction of this project were received from six contractors as
follows:
1. Overson-Rand Corp. - Lakeside
2. Caves, Inc. - San Diego
3. Granite Construction Company - San Diego
4. State Construction Co. - San Diego
5. RTB, Inc. - Lakeside
6. Southland Paving, Inc. - San Diego
$ 89,553.54
90,395.00
109,904.00
116, 010.00
123,302.19
131,297.20
'1-1
Page 2, Item ),1'9 aJI~Jq1,.
Meeting Date ~ D
The low bi d by Overson-Rand Corporat i on is above the engi neer' s estimate of
$84,891 by $4,662.54 or 5.5 percent. It is staff's recommendation that the
contract be awarded to Overson-Rand Corporation.
Attached is a copy of the Contractor's Disclosure Statement.
FINANCIAL STATEMENT:
Funds Reauired for Construction
1. Contract Amount
2. Contingencies (approx. 10%)
3. Relocation of Water Facilities
4. Staff Cost (already encumbered & spent)
5. Additional Staff Cost
Total Funds Required to Construct Project
Funds Available for Construction
$ 89,553.54
8,674.44
7,574.50
31,197.52
14.000.00
$151,000.00
1. Budgeted Amount (includes construction cost,
contingencies & staff expenses) as amended
in the 1990-91 budget for the Hilltop &
Naples Cross Gutter Removal Project
2. Transfer for funds from Unappropriated
Balance of Gas Tax Funds to Hilltop &
Naples Cross Gutter Removal CIP ST144B
$ 91,800.00
59.200.00
Total Funds Available for Construction
$151,000.00
FISCAL IMPACT: Additional funds are being requested for this project to
cover increased construction and staff costs. The final design includes the
overlaying of Hilltop Drive from Naples Street to approximately 360 feet
north. The end of the overlay of this project joins with the City's overlay
project for FY 1991-92. The scope of the original project did not anticipate
the large amount of pavement work required within the intersection to
eliminate the cross gutter and to change the drainage patterns. The original
budget anticipated a construction cost of $60,700 including $5,000 for
pavement work. The fi na 1 bi d of $89,500 i ncl udes $32,200 for pavement work.
The original budget amount estimated staff cost about $19,100. The final
project cost estimates staff cost to be $35,200. The bids received were very
close to the engineer's estimate for construction.
After construction is completed, only routine maintenance will be required.
SLH:AX-1l3
WPC 6108E
q- :J-
ME.MQR8riU!!M
July 30, 1992
File: AX-H3
TO: John Goss, City Manager
Bruce Boogaard, City Attorney
Lyman Christopher, Director of Finance
Beverly Authelet, City Clerk
Roberto Saucedo, Senior Civil Engineer
FROM: John Lippitt, Director of Public Works
SUBJECT: Resolution Appropriating funds, accepting bids and awarding
contract for "Cross Gutter Removal and Installation of Storm Drain
Facil ities at Hilltop Drive and Naples Street in the City of Chula
Vi sta, CA"
Funds Required for Construction
1. Contract Amount
2. Contingencies (approx. 10%)
3. Relocation of Water Facilities
4. Staff Cost (already encumbered & spent)
5. Additional Staff Cost
Total Funds Required to Construct Project
Funds Available for Construction
$ 89,553.54
8,674.44
7,574.50
31,197.52
14.000.00
$151,000.00
1. Budgeted Amount (includes construction cost,
contingencies & staff expenses) as amended
in the 1990-91 budget for the Hilltop &
Naples Cross Gutter Removal Project
Accounts 250-2501-STI44 & ST144B
$ 91,800.00
2. Transfer for funds from Unappropriated
Balance of Gas Tax Funds to Hilltop &
Naples Cross Gutter Removal CIP ST144B
Total Funds Available for Construction
59.200.00
$151,000.00
WPC 6109E
1,3
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS, ACCEPTING
BIDS AND AWARDING CONTRACT FOR "CROSS GUTTER
REMOVAL AND INSTALLATION OF STORM DRAIN
FACILITIES AT HILLTOP DRIVE AND NAPLES STREET
IN THE CITY OF CHULA VISTA, CA"
WHEREAS, at 2:00 p.m. on July 29, 1992, in Conference
Room 3 in the Public Services Building, the Director of Public
Works received the following six sealed bids for "Cross Gutter
Removal and Installation of Storm Drain Facilities at Hilltop Drive
and Naples Street in the city of Chula Vista, Ca.":
Overson-Rand Corp. - Lakeside
Caves, Inc. - San Diego
Granite Construction Company - San Diego
State Construction Co. - San Diego
RTB, Inc. - Lakeside
Southland paving, Inc. - San Diego
$89,553.54
90,395.00
109,904.00
116,010.00
123,302.19
131,297.20
WHEREAS, it is recommended by staff that the contract be
awarded to the low bidder, Overson-Rand Corporation, who has
assured the City that they are a licensed contractor who can
produce an acceptable performance bond; and
WHEREAS, additional funds are requested for this project
to cover increased construction and staff costs.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista has reviewed the specifications for the
construction of cross gutter removal and installation of storm
drain facilities and does hereby approve same.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula vista does hereby accept said six bids and award the
contract for Hilltop Drive and Naples Street cross gutter removal
and installation of storm drain facilities to Overson-Rand in the
amount of $89,553.54.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
contract for and on behalf of the City of Chula vista.
BE IT FURTHER RESOLVED that the sum of $59,200.00 is
hereby appropriated from the unappropriated fund balance of Gas Tax
Fund to Hilltop and Naples Cross Gutter Removal - CIP ST-144B.
John P. Lippitt, Director of
Public Works
Presented by
F:\home\attomey\croSlgutter
'/--+
ITEM TITlE: a)
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item
It')
b)
Meeting Date 8/18/92
Resolution 11,75'if(" Approving the initiation of proceedings
and describing the improvements for Open Space District No. 23
(Otay Rio Business Park)
Resolution /i17.I" Filing and accepting report and
declaring the City's intention to establish Chula Vista Open
Space District No. 23 (Otay Rio Business Park) and setting the
time and place for hearing~~~~n
Director of Public Works~~Y.. 11
Director of of Parks and Recreation~
City Manage!\.J4 ~ ;2~ (4/5ths Vote: Yes_No..lL)
In order to initiate the proceedings for the formation of open space districts
the City Engineer must prepare and file a report in accordance with the
Streets and Hi ghways Code. Thi s reso 1 ut i on will begi n the process for the
formation of the open space district for Otay Rio Business Park.
RECOMMENDATION: That Council adopt the resolutions which:
I. Approve the Engineer' Report.
2. Declare the Council's intention to form the proposed district in
accordance with Section 17.07 of the Municipal Code and Section 22587 of
the Streets and Highways Code.
3. Direct the City Clerk to notice the publ ic hearing in accordance with
Sections 22556 and 22588 of the Streets and Highways Code.
4. Set September 15, 1992, at 6:00 p.m. as the date and time for public
hearing.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSS ION:
ReDort on ODen SDace District No. 23 (Otav Rio Business Park)
I. Backqround
This report was prepared pursuant to City Council direction and in
compl iance with the requirements of Division 15, Part 2, Chapter 1 of
the Streets and Highways Code of the State of California and the Chula
Vista Municipal Code, Section 17.07.
On July 28, 1987 by Resolution 13173, the City Council approved the
tentative map for Chula Vista Tract No. 87-6 Otay Rio Business Park.
The final map for Unit 1 was approved September 19, 1989 by Resolution
15313. A condition of approval required that the open space lots
created by the map be maintained by an open space district.
IP-/
Page 2, Item I ()
Meeting Date 8/18/92
II. Boundaries of District
The boundary of the district corresponds to the boundary of Chula Vista
Tract 87-6 Otay Ri 0 Bus i ness Park Units 1, 2, 3 and 4 and is shown on
the Assessment Diagram on file in the Office of the City Engineer. A
reduced copy, Attachment "A", is i ncl uded in thi s report. As permi tted
in the Streets and Hi ghways Code Sect i on 22571, the details of the
individual lots (lines, dimensions and bearings) are shown in the County
Assessor's Maps on file in the San Diego County Assessor's office.
III. Maintenance Items
Initially, the areas to be maintained by maintenance contract consist of
three open space lots and median totalling 61,500 square feet. These
open space lots are the highly visible areas adjacent to Otay Valley
Road. Upon record at i on of addit i ona 1 maps and construct i on of
additional improvements, additional open space areas will be turned over
for maintenance. No estimate of those costs is available yet. It is
anticipated that the residential area when it develops will either
part i ci pate in another di stri ct or wi 11 be a separate zone from the
industrial parcels within Open Space District No. 23. The facilities
and items of maintenance included within the District are as follows:
1. Ma i nta in 1 andscapi ng and i rri gat i on system improvements withi n the
designated open space lots, medians and within the parkways
adjacent to open space lots.
2. Ma i nta in theme wall s and entry monuments located withi n open space
areas including graffiti removal.
3. Maintain brow ditches within open space lots (Public Works).
The proposed maintenance program for Open Space District No. 23 consists
in general of the following:
1. Repair, removal, or replacement of all or any part to any
improvement.
2. Irrigation, fertilization, trimming, and replacement of dead or
diseased landscaping.
3. Weed abatement.
4. Removal of trimmings, trash and litter.
5. Removal of debris from brow ditches (Parks and Recreation).
IV. Cost Estimate
The estimated annual cost for maintenance of Open Space Maintenance
District No. 23 Otay Rio is $16,260. This preliminary estimate is based
on information obtained from the developer and has been reviewed by the
open space coordinator. See attachment "B".
I~';'"
Page 3, Item J &J
Meeting Date 8/18/92
The estimated assessment on each parcel of land in the District is in
direct proportion to the estimated benefit to be received by such
parcel. One method of apportioning the benefit, and thus the cost of
the maintenance, is based on the estimated traffi c generated by each
parcel. A standard established within San Diego County is the average
daily traffic (ADT) published by SANDAG. An ADT factor has been
assigned to each land use type and these factors are used to estimate
the traffic generated by each parcel.
The proposed district will contain only industrial parcels which have
the same SANDAG generation factor (200 trips per acre of land).
Therefore, the total ADT for each parcel will be directly proportional
to the gross area of the parcel. For purposes of distributing
assessment, each gross acre of 1 and was equi va 1 ent to one assessment
unit. The proposed d i stri but i on of assessment is shown in attachment
lie".
Unit 1 of the proposed district will contain 36 industrial units. The
estimated average annual assessment per acre would be approximately
$290/acre based on present costs ($16,260/56 acres = $290/acre). If the
reserve of 50% is built-up over 5 years, the annual assessment would be
approximately $320/acre.
V. Assessment Schedule
It is anticipated that District maintenance activities will begin in
January, 1994 and consequently no assessment will be levied during the
fi sca 1 year 1992-1993. Attachment "c" shows the proposed annual
assessment duri ng the fi rst year whi ch will provi de the 50% reserve
during the first year if turnover occurs in January.
Initially, the annual maintenance cost will be distributed among the
existing parcels in Unit 1 of the Business Park. If additional units
withi n the Di stri ct develop and new open space lots are created and
dedicated to the City, the maintenance cost and assessment spread would
be adjusted accordingly.
Plats are available for Council viewing.
FISCAL IMPACT: None. Cost of district formation is paid for by the
developer through a deposit. Annual staff and administration costs are
included in the assessment. The City is in the process of acquiring 30 acres
of land within this district for a Corporation Yard site. If the City
acquires that land, the cost to the City is estimated to be approximately
$9,600 for the fi rst fi ve years. The exact amount of the assessment wi 11 be
determined annually.
DDS:OS-024
WPC 6084E
10-.) /10 - If
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OTAY
RIO
BUSINESS
PARK
OPEN. SPACE. MAINTENANCE DISTRICT NO. 23
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LEGEND:
V / ~~ LANDSCAHO ANO IItftIGATED MEDIAN AND OPEN SPAC.E LOTS.
t \ I I I I I APPROXIMATE: LOCATION OF fUTUItI: ............. A"IEA.
1\.\ \ \ \ \ ~ APPRC)X...n: LOCATION OF fUTUM RESIDENTIAL UNITS 5.4
---- MTRIeT IKlUNDMY
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ASSESSOR" ...... lOOK 84S. PAGIE NUM.IER.
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APPROVAL:
1="l..\Tt...lRE
OPEN. S ?AC \:-
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NO.
""""0".0 ." T" CHULA VIITA CITY COUNCIL .Y RESOLUTION
DATID
",""IItOVlD
OT
....... ..... ...cs.aT'" D.ltUT_
A 1T"ACHMENT A
ATTACHMENT B
ESTIMATED ANNUAL COST
FY 1991-1992
OPEN SPACE DISTRICT 23
OTAY RIO BUSINESS PARK
ITEM
Contract Services $ 7,950
Utilities 4,480
Materials 520
Landscape Supplies 220
City Staff Services 2,680
Backflow Certif 160
Trash Collection 250
TOTAL BUDGET $16,260
WPC 6084E.WPF
/P"~
ATTACHMENT C
OPEN SPACE MAINTENANCE DISTRICf NO. 23
OTAY RIO BUSINESS PARK
ALLOCATION OF COST
FY 1993-94
ASSESSMENT ASSESSMENT ANNUAL
NUMBER APN AREA (ACRES) UNITS ASSESSMENT
I 645-02 I -0 I 1.24 1.24 360.00
2 645-021-02 2.80 2.80 814.00
3 645-021-03 4.56 4.56 1.325.00
4 645-021-04 0.87 0.87 253.00
5 645-021-05 0.83 0.83 241.00
6 645-021-06 0.87 0.87 253.00
7 645-021-07 0.93 0.93 270.00
8 645-02 1-08 1.13 1.13 328.00
9 645-021-09 1.21 1.21 352.00
10 645-021-10 0.98 0.98 284.00
II 645-021-11 0.93 0.93 270.00
12 645-022-0 I 2.17 2.17 630.00
13 645-022-02 2.08 2.08 604.00
14 645-022-03 2.00 2.00 581.00
15 645-022-04 2.05 2.05 596.00
16 645-022-05 2.19 2.19 636.00
17 645-022-06 1.69 1.69 491.00
18 645-022-07 1.39 1.39 403.00
19 645-021-19 0.81 0.81 235.00
20 645-021-20 0.74 0.74 215.00
21 645-021-21 0.84 0.84 244.00
22 645-02 I -22 1.09 1.09 316.00
23 645-02 I -23 0.95 0.95 275.00
24 645-021-24 0.83 0.83 240.00
25 645-021-25 0.83 0.83 240.00
26 645-021-26 0.79 0.79 229.00
27 645-021-27 0.79 0.79 229.00
28 645-021-28 1.03 1.03 300.00
29 645-021-29 0.81 0.81 235.00
30 645-021-30 0.76 0.76 221.00
31 645-02 I -31 0.76 0.76 221.00
32 645-021-32 4.06 4.06 1.179.00
33 645-02 I -33 1.18 1.18 343.00
34 645-021-34 1.07 1.07 311.00
35 645-021-35 0.99 0.99 287.00
36 645-021-36 1.14 1.14 331.00
37 645-021-37 1.02 1.02 297.00
38 645-02 I -38 1.00 1.00 291.00
39 645-02 I -39 0.98 0.98 285.00
40 645-02 I -40 0.99 0.99 288.00
41 645-021-4 I 1.06 1.06 308.00
42 645-021-42 0.79 0.79 229.00
43 645-021-43 0.76 0.76 220.00
TOTAL 55.99 16,260.00
WPC 6084E.WPF
/p-7
RESOLUTION NO. I~ 2r'g/
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE INITIATION OF
PROCEEDINGS AND DESCRIBING THE IMPROVEMENTS
FOR OPEN SPACE DISTRICT NO. 23 (OTAY RIO BUSINESS
PARK)
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, according to Article 1, Chapter 2, Part 2 of
Division 15 of the California Streets and Highways Code, also known
as the "Landscaping and Lighting Act of 1972", proceedings for the
formation of an assessment district must be initiated by
resolution; and
WHEREAS, on July 28, 1983 by Resolution 13173, the City
Council approved the tentative map for Chula vista Tract No. 87-6,
otay Rio Business Park Subdivision, and on September 19, 1989 by
Resolution 15313 approved the final map; and
WHEREAS, one of the conditions of
tentative map required that the open space lots
be maintained by the open space district;
WHEREAS, the proposed designation for this district is
open Space District No. 23; and
approval of the
created by the map
WHEREAS, the open space areas to be maintained initially
consist of three open space lots and median totalling 61,500 square
feet and designated as Lots A, B, and C on the Assessment Diagram.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby initiate proceedings for the
formation of Open space District No. 23, Otay Rio Business Park and
order the city Engineer to prepare and file a report in accordance
with Article 4 of Chapter 1 of the Landscaping and Lighting Act for
Open Space District No. 23.
John P. Lippitt, Director of
Public Works
.dI =b:Q
Presented by
Bruce M. Boogaard
city Attorney
(F:Home\Attomey\OSD23)
JtJ,-9--/
RESOLUTION NO.
JII?..;''j
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING REPORT AND DECLARING
THE CITY'S INTENTION TO ESTABLISH CHULA VISTA
OPEN SPACE DISTRICT NO. 23 (OTAY RIO BUSINESS PARK)
AND SETTING THE TIME AND PLACE FOR HEARING THEREON
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, pursuant to the provisions of
Highways Code section 22587, a public hearing is
establish the proposed open space district; and
Streets and
required to
WHEREAS, an engineer's report was submitted by the City
Engineer for the cost of maintaining the open space district; and
that said estimated annual assessment to be charged for each parcel
is initially $320.00jacre; and
WHEREAS, this report was prepared by the City Engineer or
under his direction and was presented to Council for approval in
order to proceed with the Public Hearing set for September 15, 1992
in accordance with the Landscaping and Lighting Act of 1972.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby approve the Engineer's report
and the spread of assessments for Open Space Maintenance District
No. 23 (Otay Rio Business Park) and said assessment is $0 until
such time as turnover of open space occurs.
BE IT FURTHER RESOLVED that the City Council does hereby
set September 15, 1992 at 6:00 p.m. in the Council Chambers, City
of Chula vista, 276 Fourth Avenue, Chula Vista, California as the
date and time for the public hearings on said assessments.
Presented by
John P. Lippitt, Director of
Public Works
F:\Home\Attomey\OSD26.
JdCJ-'/
COUNCIL AGENDA STATEMENT
REVIEWED BY:
Item I)
Meeting Date 8/18/92
Resolution /p, 7" [) Granting an easement to the San Diego
County Water Authority through Open Space Lot F Map 11602,
Bonita Long Canyon Estates #3, accept the offer of $4,894.00
and authorize the Mayor to.~~~te the deed on behalf of the City
Director of Public Works fyrv
Director of Parks and Recreatio~t;',~
City Manager,.)l1 bz1 ~ (4/5ths Vote: Yes_NoLl
ITEM TITLE:
SUBMITTED BY:
The County Water Authority has requested an easement for the purposes of installing
a new 72 inch water main across open space Lot F within the Bonita Long Canyon
Open Space District (Open Space District No. 14). The Water Authority currently has
an 80 foot wide easement for existing facilities. This will add an additional 65 feet
to that easement.
RECOMMENDATION: That the City adopt the resolution and direct that $4,894.00
be deposited in the Open Space District No. 14 account to offset cost of maintenance
BOARD/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The County Water Authority has requested an easement across Lot F of Map 11602
within the Bonita Long Canyon Open Space District. The requested easement parallels
an existing 80 foot wide easement within Lot F (see Exhibit A). The total easement
within the open space lot will be 145 feet wide after granting this easement. The
pipeline will be underground so the open space area will only be disrupted during the
construction of the 72 inch main.
The grant of easement was reviewed by the City Attorney with all requested revisions
made. The Parks and Recreation Department reviewed the location and determined
that the only impact would be to an equestrian trail. The Water Authority was
requested to post signs that the trail will be disrupted for a short period of time. In
addition, the disturbed area will be hydroseeded with coastal sage scrub. Both the
sign posting and the hydroseeding are called for in the construction specifications and
plans for the project.
1/-1
Page 2, Item J I
Meeting Date 8/18/92
The Water Authority has filed for condemnation through the eminent domain
procedure to obtain the necessary easements for this water line (see Exhibit B). The
Water Authority has cancelled the eminent domain process for this easement since
staff had indicated that staff had no objections to granting of the easement (see
Exhibit OJ. Should Council disagree with this conclusion, the Water Authority would
then begin the condemnation process anew.
Council, at the May 12, 1992 meeting through a Council Referral, instructed staff to
obtain input from the open space district when granting easements within an open
space lot. The Water Authority has sent a letter to all properties within the Open
Space District to notify them that this item was being considered by Council tonight.
That mailing occurred on Friday, August 14, 1992. The residents should have
received the letter by Monday, August 17, 1992.
The Water Authority had an appraisal of the property done and made an offer to the
City in March of this year of $4,894.00 for the easement based on that appraisal.
Staff has reviewed the offer and considers it to be acceptable. Staff recommends
that the money be deposited into the open space district account to offset the yearly
assessments paid by the residents (see Exhibit C).
FISCAL IMPACT: None to the City. $4,894 will be credited to the account for Open
Space District No. 14.
W AU: KY -198/PF-OO 1
~'1011811'S ~Or S(!Il1JJJEJ)
SB,F,ENGINEERfAGENDAJWTER72EA
OB1292
/ I~;>'
RESOLUTION NO.
/(,7"f)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING AN EASEMENT TO THE SAN
DIEGO COUNTY WATER AUTHORITY THROUGH OPEN
SPACE LOT F MAP 11602, BONITA LONG CANYON
ESTATES #3, ACCEPT THE OFFER OF $4,894.00 AND
AUTHORIZE THE MAYOR TO EXECUTE THE DEED ON
BEHALF OF THE CITY
WHEREAS, the County Water Authority has requested an
easement across Lot F of Map 11602 within the Bonita Long Canyon
Open Space District for the purpose of installing a new 72 inch
water main; and
WHEREAS, the Water Authority currently has an 80 foot
wide easement for existing facilities and this easement will add an
additional 65 feet to that easement; and
WHEREAS, the Director of
reviewed the location and determined
to an equestrian trail; and
Parks and Recreation has
that the only impact would be
WHEREAS, the Water Authority made an offer to the City in
March, 1992 of $4,894.00 for the easement and staff has reviewed
the offer and considers it to be acceptable and recommends the
proceeds be deposited into the open space district account to
offset the yearly assessments paid by the residents.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby grant an easement to the San
Diego County Water Authority through Open Space Lot F Map 11602,
Bonita Long Canyon Estates #3.
BE IT FURTHER RESOLVED that the City Council does hereby
accept the offer of $4,894.00 for the easement an authorize the
Mayor to execute the deed on behalf of th City 0 hula vista.
Presented by
Bruce M.
Attorney
John P. Lippitt, Director of
Public Works
F: \home\attomey\CW Aease
II,}
COUNCIL AGENDA STATEMENT
Item }.:J....
Meeting Date 8/18/92
REVIEWED BY:
Public Hearing to Form Chula Vista Open Space Maintenance
Di stri ct No. 26, Park Bonita
Resolution 11,7"1 Ordering the improvements and the
formation of Open Space Maintenance District No. 26,
confirming the diagram and Le;;Yin Assessments for Fiscal Year
1992-93
Director of Public Works~ (J
Director of of Parks and Recreatio~
("-.
City Manager,jLI \~3i~1 (4/5ths Vote: Yes_No...X...)
ITEM TITLE:
SUBMITTED BY:
On July 21, 1992, the City Council approved the Engineer's Report on the
proposed Open Space District No. 26, Park Bonita, and set August 18, 1992 as
the date for a publ ic hearing on the proposed formation. The boundaries of
the proposed district are as shown on Attachment "A".
RECOMMENDATION: That the City Council:
1. Hold the public hearing; and
2. Adopt the resolution ordering the improvements, forming Open Space
Di stri ct No. 26, confi rmi ng the di agram and 1 evyi ng assessment for FY
1992-93.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Th is heari ng has been noticed by the City Cl erk in accordance with Sect i on
22556 and 22588 of the Streets and Hi ghways Code. Letters were sent to a 11
property owners i nformi ng them about the proposed assessment and the publ i c
hearing. After conducting the public hearing, the final step in the
proceedings for the formation of the district requires that Council adopt a
resolution which (1) orders the improvements, (2) forms the open space
maintenance district, (3) confirms the district diagram and (4) levies the
assessment either as originally approved in the Engineer's Report or as
modified by Council subsequent to the public hearing.
The proposed assessment for Fiscal Year 1992-93 is $0 per unit. Turnover of
the open space is not anticipated to occur until January 1994. In conjunction
with the annual proceedings for the open space hearing next July, the property
owners will be assessed for Fiscal Year 1993-94.
The Engineer's Report approved by Council is as follows:
/~-I
Page 2. Item 1.:2.
Meeting Date 8/18/92
Report on Open Space District No. 26 (Park 80nita)
I. Backqround
This report was prepared pursuant to City Council direction and in
compl i ance with the requi rements of Di vi s i on 15, Part 2, Chapter 1 of
the Streets and Highways Code of the State of California and the Chula
Vista Municipal Code, Section 17.07.
On November 14, 1989 by Resolution 15388, the City Council approved the
tentative map for Chula Vista Tract No. 90-3, Park Bonita Subdivision.
The final map was approved June 5, 1991 by Resolution 16184. A
condit i on of approval requi red that the open space lots created by the
map be maintained by the open space district. Additionally, a condition
required that the developer provide for the perpetual maintenance of the
brow ditch located westerly of the subdivision. This will be
accomplished through the open space district.
II. Boundaries of District
The boundary of the district corresponds to the boundary of Chula Vista
Tract 90-3, Park Bonita and is shown on the Assessment Diagram on file
in the Offi ce of the City Engi neer. A reduced copy, Attachment "A" is
included in this report. As permitted in the Streets and Highways Code
Section 22571, the details of the individual lots (lines, dimensions and
bearing) to be maintained are shown in the County Assessor's Maps for
the properties on file in the San Diego County Assessor's office.
II I. Maintenance Items
The areas to be ma i nta i ned cons i st of three open space lots tota 11 i ng
21,032 square feet and designated as Lots A, B, and C on the Assessment
Diagram. These are the highly visible areas adjacent to Bonita Road and
"E" Street. The facilities and items of maintenance included within the
District are as follows:
1. Maintain landscaping and irrigation system improvements within the
des i gnated open space lots and withi n the parkways along Bonita
Road and E Street adjacent to the open space lots.
2. Maintain the theme walls located within the open space lots,
including graffiti removal.
3. Maintain the brow ditch adjacent to the westerly boundary from "E"
Street to the existing curb and gutter (Public Works).
The maintenance program for Open Space District No. 26 consists in
general of the following:
1. Repair, removal, or replacement of all or any part to any
improvement.
I')'~J..
Page 3. Item J .2..
Meeting Date 8/18/92
2. lrri9ation, fertilization, trimming, and replacement of dead or
diseased landscaping.
3. Weed abatement.
4. Removal of trimmings, trash and litter.
5. Removal of debris from the brow ditch (Parks and Recreation).
IV. Cost Estimate
The estimated annual cost for maintenance of Open Space Maintenance
District No. 26, Park Bonita is $5,560. This preliminary estimate is
based on information obtained from the developer and has been reviewed
by the open space coordinator. See attachment "B".
Since turnover is not anticipated to occur until Fi scal Year 1993/94 a
$0 assessment is applicable for Fiscal year 1992/93.
V. Assessment Schedule
The proposed district will contain 19 single family detached units. For
the purpose of distributing assessments, each single family unit is
equivalent to one assessment unit. The estimated annual assessment for
a typical single family unit would be approximately $300 based on
present costs ($5,560/19 = $300).
At the July 21, 1992 meeting, the question was raised as to whether or not the
theme walls were treated with an ant i -graffit i coat i ng. Staff has contacted
the developer and he i ndi cated that the walls do not have the coat i ng. Parks
and Recreation staff then met with the developer to ensure that the walls will
be coated and will comply with the City's requirements on anti-graffiti
coatings. Additionally, vines are to be planted along with other plant
materials along the walls which will provide a deterrent to vandalism.
The walls along E Street and Bonita Road will be maintained through the open
space district and are located within the open space lots. This maintenance
includes graffiti removal. The wall along Hilltop Drive is not a part of the
district and is located on private property.
FISCAL IMPACT: None. Cost of district formation is paid for by the
developer through a deposit. Subsequent annual staff and administration costs
will be included in the assessment.
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Attachment A - Open Space District No. 26 Diagram ~
B - Budget Estimate.~
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RESOLUTION NO. 1'711
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE IMPROVEMENTS AND THE
FORMATION OF OPEN SPACE MAINTENANCE DISTRICT
NO. 26, PARK BONITA, AND CONFIRMING THE
DIAGRAM AND ASSESSMENT FOR SAID DISTRICT
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, the developer of Park Bonita Subdivision (Map
12832) has petitioned for the formation of an open space district
in accordance with the criteria contained in the Chapter 17.07 of
the Municipal Code of the City of Chula vista, incorporating in
substantial part the Lighting and Landscaping Act of 1972
(commencing at Section 22500 of the Streets and Highways Code); and
WHEREAS, pursuant to the provisions of Streets and
Highways Code Section 22585, the City Council adopted a resolution
proposing to form the assessment district as to all property with
the boundaries shown on Exhibit A, on July 21, 1992, which
resolution described the improvements required to be financed by
the district and ordered the preparation of an Engineer's Report;
and
WHEREAS, on July 18, 1992, by Resolution No. 16697, the
City Council approved the Engineer's Report on the proposed open
space District No. 26, Park Bonita, and declared its intention to
order the formation of the assessment district at a public hearing
to be conducted on August 18, 1992, in accordance with the
provisions of Section 22587 of said Act; and
WHEREAS, the city Clerk has given notice of said public
hearing by causing the resolution of intention to be published,
posted and mailed as provided in Section 22556; and
WHEREAS, on August 18, 1992, the city Council conducted
a public hearing and afforded all interested persons the
opportunity to hear and be heard, and considered all oral
statements and written protests or communications made thereat or
filed by any interested person and received any and all protests
regarding the formation of the district and the levy of the
proposed assessment; and,
WHEREAS, at said public hearing the City Council
overruled any protests and ordered the improvements to be made and
the formation of Open space Maintenance District No. 26, confirmed
the diagram of the District and the assessment for said district in
the amount of $0 per unit for the full 1992-93 fiscal year; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council does
1
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hereby order the improvements and the formation of Open Space
Maintenance District No. 26, and confirm the diagram and assessment
for said District in the amount of $0 per unit for the full fiscal
year as set forth in the Engineer's Report prepared in accordance
with Article 4 of Chapter 1 of the Landscaping and Lighting Act for
Open Space District No. 26.
Presented by
John P. Lippitt, Director of
Public Works
F:\home\attomey\OSD24B
Bruce Boogaard
City Attorney
2
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Council Agenda statement
Item:
1.3
Item Title:
Meeting Date: August 18, 1992
Resolution No. /~?~ setting priorities for filing
written arguments regarding city measures and
directing the City Attorney to prepare an impartial
analysis.
Submitted by:
Report: Notice of transmittal of City Attorney's
Impartial Analysis of Ballot Measures, and advice
regarding authoring ballot argume~
Bruce M. Boogaard, City Attorney f~
Agenda Classification:
( ) Consent
(xx) Action Item
( ) Public Hearing
( ) other:
4j5ths Vote: ( ) Yes (X) No
At your Council meeting of August 4, 1992, you called the
November, 1992 election, to fill two vacant council seats, re-
quested consolidation with the statewide general election, and
directed five Charter amendments to be placed on the November, 1992
ballot. Under the authority of Elections Code section 5011, you
have the authority to direct the city Attorney to prepare an
impartial analysis of each measure. Adoption of the attached
resolution will do so. In anticipation of such direction, the city
Attorney has prepared such analysis, a copy of which is attached
hereto as Exhibit A.
The Elections Code further provides that the following persons
may submit arguments for or against a measure: The legislative
body, or member or members of the legislative body authorized by
that body, the individual voter or bona fide association of
citizens, or combination of voters and associations, who are the
bona fide sponsors or proponents of the measure, bona fide
associations of citizens, and individual voters who are eligible to
vote on the measure.
If more than one argument is submitted for a measure, the city
Clerk is required to make a selection, based on the order set forth
above. The same applies if more than one argument is submitted
against a measure. You may designate such of your members on the
attached resolution to author the various ballot arguments for or
against the various measures.
1
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The selected author of "pro" ballot argument is entitled to
write the rebuttal to the "con" argument, and visa versa.
Primary arguments are due August 24, 1992, rebuttal arguments
are due September 3, 1992. The public inspection period is between
September 4 to September 14, 1992.
Recommendation:
(1)
If the Council desires to designate itself or some
members to author ballot arguments, complete the
contained on the attached resolution; and,
of its
blanks
(2) Adopt the attached resolution in the form as may be amended by
the Council. This will direct the City Attorney to prepare an
impartial analysis for Ballot Measures J through N; and as
amended, may designate authors for ballot arguments.Y It will
also select the rebuttal author selection procedure of
Elections Code section 5014.5, described below.
Boards and commissions Recommendation:
None. None applicable.
Discussion:
The Council has placed 5 measures on the
by the adoption of Resolution No. 16735,
attached as Exhibit B./IIOr S~IfN"h~d
November, 1992 ballot
a copy of which is
Please be advised that the City Attorney has prepared the City
Attorney's Impartial Analysis of said measures, a copy of which is
attached herewith for your reference as Exhibit A, and has deliv-
ered same to the city Clerk in the event that you direct their
preparation and inclusion in the Ballot Pamphlet.
If more than one person submits an argument in favor of a
ballot measure, Elections Code section 5016 requires the City Clerk
to select one among them according to the status of the submittor,
in the following order:
(a) The legislative body, or member or members of the
legislative body authorized by that body.
(b) The individual voter or bona fide association of
citizens, or combination of voters and associations, who
are the bona fide sponsors or proponents of the measure.
1. Any individual councilmember may submit a ballot argument
without Council consent or deliberation, but it will not have
priority standing.
2
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(c) Bona fide associations of citizens.
(d) Individual voters who are eligible to vote on the
measure.
The same procedure applies if multiple ballot arguments are
submitted against a ballot measure.
Elections Code section 5014.5 provides, that if the city Coun-
cil adopts the provisions of said section, the following rebuttal
argument rules apply:
The author of the selected pro argument is entitled to submit
the rebuttal to the con argument, and visa versa.
The city Clerk advises that the Council adopted the privileges
of this section on January 10, 1978, by the adoption of Resolution
No. 8967.
The section is silent as to the entitlement of others to sub-
mit rebuttal arguments.
Fiscal Impact:
The City Attorney Impartial Analysis and the Ballot Arguments
will probably result in an increase in the cost of the election,
currently estimated at about $23,000.00. The city Attorney
Impartial Analysis will consume about 5 printed pages, and the
ballot arguments will probably require 10 printed pages in the
voter information pamphlet. We have tried to get the Registrar of
Voters to estimate these costs but she has indicated that she is
not yet in a position to give quotes. If we get this information
before the meeting, we will advise by supplemental verbal report.
3
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From the Office of the City Attorney
city of Chula vista
Date:
August 13, 1992
From:
Bruce M. Boogaard,
City Attorney~JE3
To:
Beverly Authelet, City Clerk and Election Official
Transmittal of City Attorney's Impartial Analysis
Re:
contained herewith is the City Attorney's Impartial Analysis of the
various ballot Measures contained in the Call Resolution,
Resolution No. 16735, in the event that the City Council directs
its preparation and printing in the voter information ballot, under
the authority of Elections Code section 5011:
Measure J
As to the Charter Amendment proposed under the Ballot Label shown
in the Call Resolution as follows:
Runoff Elections: Shall section 300 be amended YES
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 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 NO
of the remaining candidate by operation of law
if the candidate receiving the third highest
number of votes declines to run?
the following is the city Attorney's Impartial Analysis:
"Recently, the People amended the Charter to provide,
beginning in June, 1994, the use of runoff elections when no
candidate for a city council office obtains a majority of
votes at the general municipal election. The general
municipal election was moved to June, and the runoff, if one
becomes necessary, would be held in November. The winner,
regardless of when elected, will be seated in December.
This creates a situation where, when there is a runoff, five
I
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It
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months will pass between the general election in June and the
runoff election in November. If one of the two candidates
dies in that interim period, general law would require placing
the deceased candidate's name on the ballot. If the deceased
candidate wins the runoff election, the Office would be
declared vacant and filled by either a special appointment by
the Councilor possibly another election.
This measure, if it passes, would provide an alternate system
if one of the two candidates dies 90 days prior to the runoff
election as follows:
The candidate receiving the third highest number of votes in
the election requiring the runoff would be given the
opportunity to be placed on the ballot in place of the
deceased candidate, if the death occurs on or before the
ninetieth day prior to the special run-off election. If the
third candidate accepts the offer within five days of
notification by the City Clerk, the special run-off election
will proceed, but between the remaining candidate and the
candidate receiving the third highest number of votes in the
previous election. If the offer is rejected, the remaining
candidate would be deemed elected by operation of law, and no
run-off election would occur.
The measure will not affect the date that a newly elected
councilmember, regardless of whether elected in June or
November, assumes office, which is the first Tuesday in
December following the June or November general municipal
election.
A "yes" vote on the proposition is a vote to approve the
amendment and provide the above described procedure in the
Charter in the event of the death of a run-off election
candidate.
A "no" vote on the proposition is a vote against the proposed
amendment."
If the entire text of the measure is not printed in the voter
information portion of the sample ballot, print immediately below
this impartial analysis, in no less than 10-point bold type, (as
required by section 5011) the following legend:
"The above statement is an impartial analysis of Measure
J. If you desire a copy of the measure, please call the city
Clerk for the City of Chula Vista, who serves as the elections
official, at her office at 691-5041, and a copy will be mailed
at no cost to you."
I have counted that this analysis uses 365 words.
2
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Measure K
As to the Charter Amendment proposed under the Ballot Label shown
in the Call Resolution as follows:
vacancies: Shall section 303 be amended to YES
provide that a Councilmember's Office becomes
vacant if a Councilmember, without excuse
granted contemporaneously, is absent from four
consecutive regular meetings scheduled and
held; to require Council to grant excuse for
temporary illness disabling the Council-
member's attendance; and to require Council to
declare such vacancy as soon as practicable, NO
and use its best efforts to appoint a
replacement within thirty days, or call a
special election?
the following is the city Attorney's Impartial Analysis:
"If this measure passes, section 303 of the Charter will be
amended to:
1.
Change the meeting
Councilmembers.
attendance
requirement
for
Currently the Charter establishes an attendance requirement on
the Councilmembers, and provides that a Council seat becomes
vacant if the member is absent from all regular meetings of
the Council for thirty consecutive days, unless the absence is
excused.
The Council normally meets four times a month. However, the
Council has been in the practice of cancelling some regularly
scheduled meetings during the year, typically after the budget
process mid-year, and during the year-end holiday season,
among others. As a result of such cancellations, there will
exist thirty-day periods with less than four meetings. Some
thirty-day periods may only have one or two regular meetings
in them. This creates the possibility that, during such
times, a Councilmember could be absent from only one or two
regular meetings--for any reason, whether it be from illness,
vacation, etc.--and still have his or her seat declared vacant
(unless excused by the majority vote of the Council).
This measure, if approved, changes the attendance requirement
by permitting a vacancy to be declared only if a councilmember
3
J3-1
was absent from four consecutive regular meetings actually
scheduled and held. Hence, cancelled regular meetings would
not count against the Councilmember's attendance record.
2. Require excuses for absences to be granted, if at all, at
the same meeting that the absence occurs, and require
them to be granted for temporarily disabling illnesses.
Currently the Charter provides that a Councilmember can be
excused by the rest of the Council from regular meeting
attendance but does not state when Council's permission must
be granted for a Councilmember's absence. Thus, a
Councilmember could miss four consecutive regular meetings,
and at the fifth or subsequent meeting, at a time when the
Office might be considered vacant due to a violation of the
attendance requirement, request and be granted an excuse for
any or all of the four prior absences. The Charter is unclear
as to when the excuse must be granted.
Also, the Charter does not require the Council to grant excuse
for absence even if the absent councilmember has a temporary
illness disabling attendance. This could allow the Council to
withhold granting excuse for extraneous reasons unrelated to
the absent Councilperson's ability to perform the duties of
his or her Office.
This measure will expressly require the Council, if it desires
to grant permission for an absence, to do so at the same
meeting at which the Councilmember is absent. Granting of
excuses retroactively would not be permitted. The measure
will also require Council to grant permission for absences
where the reason was a temporarily disabling illness.
3. Require the declaration of vacancy as soon as practical
after a vacancy occurs.
Currently the Charter requires Council declare the existence
of a vacancy, and fill it by appointment within thirty days
after such declaration, or call an election. Currently the
Council is not required to declare the vacancy immediately
after it occurs, or as soon after a vacancy occurs as is
reasonably practical. This measure, if approved, would
require the Council to declare the vacancy "as soon as
practicable" after the vacancy occurs.
4. Permit the call of a special election sooner than 30 days
to fill a vacancy if the Council declares an impasse in
making an appointment.
When a vacancy occurs
currently requires the
within thirty days after
in a Council Office, the Charter
Council to fill it by appointment
it has declared the existence of such
4
/3-8
vacancy. Thus, even if the Council has reached a deadlock,
and is admittedly unable to agree on a successor, the Charter
is not clear whether Council can call the election sooner or
whether they must wait the full thirty days.
If approved, this measure will require the Council to use its
best efforts and good faith to fill the vacancy within the
thirty days. However, if the Council declares an impasse in
that effort, it will expressly allow Council to call the
election earlier than the expiration of the thirty day period.
A "yes" vote will approve all of the above described changes.
A "no" vote will reject the proposed changes."
If the entire text of the measure is not printed in the voter
information portion of the sample ballot, print immediately below
this impartial analysis, in no less than 10-point bold type, (as
required by section 5011) the following legend:
"The above statement is an impartial analysis of Measure
K. If you desire a copy of the measure, please call the City
Clerk for the City of Chula Vista, who serves as the elections
official, at her office at 691-5041, and a copy will be mailed
at no cost to you."
I have counted that this analysis uses 699 words.
5
13 -9
Measure L
As to the Charter Amendment proposed under the Ballot Label shown
in the Call Resolution as follows:
Appointive Boards and Commissions: Shall YES
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 NO
requirements applicable to boards and
commissions?
the following is the City Attorney's Impartial Analysis:
"If this measure passes, section 600 of the Charter will be
amended as follows:
1. Allow the city Council to delegate its final decision-
making authority to boards and commissions by ordinance.
Currently the Charter creates four specified boards or com-
missions, and authorizes the city Council to create and give
powers to other boards and commissions it deems necessary.
The current Charter appears to make all such boards and
commissions only advisory to the City Council, Mayor or City
Manager, and thus may be construed to limit such boards and
commissions from having final decision-making authority.
The primary j>ffect of this measure will be to clarify that the
city Council may, by ordinance, delegate final decision-making
authority of the Council to either Charter or Council-created
boards or commissions, if the council so desires. The
proposed amendment will not require such delegation, but if
the Council desires to delegate final decision-making
authority, it must do so by ordinance.
2. Clarify that committees are exempt from certain Charter
requirements imposed on boards and commissions.
Currently the Charter imposes certain limits and requirements
on the members of boards and commissions such as prohibiting
compensation, limiting terms to two (2), imposing residency
and electorate status requirements, and requiring a regular
meeting schedule, among others. The Charter is silent as to
6
/3 'If)
such limitations being applicable to committees. This creates
an ambiguity as to whether committees, as advisory bodies, are
subj ect to the same limits and requirements as boards and
commissions, or whether they are exempt.
This measure will remove that ambiguity by clarifying that
commi ttees are exempt from the requirements of Article VI
relating to boards and commissions, and at the same time
specify that committees may only render advice, may not be
delegated final decision-making authority, and shall have no
authority to direct the conduct of any department.
A "yes" vote will give the City Council the authority, by
ordinance, in their discretion, to delegate their final
decision-making authority to a board or commission, and will
clarify that committees are exempt from the provisions of the
Charter.
A "no" vote will reject the proposed amendments to section
600."
If the entire text of the measure is not printed in the voter
information portion of the sample ballot, print immediately below
this impartial analysis, in no less than 10-point bold type, (as
required by section 5011) the following legend:
"The above statement is an impartial analysis of Measure
L. If you desire a copy of the measure, please call the City
Clerk for the city of Chula vista, who serves as the elections
official, at her office at 691-5041, and a copy will be mailed
at no cost to you."
I have counted that this analysis uses 355 words.
7
13 -II
Measure M
As to the Charter Amendment proposed under the Ballot Label shown
in the Call Resolution as follows:
Appointments, Terms and Vacancies: Shall YES
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 NO
position with an unexpired term of two years
or less?
the following is the City Attorney's Impartial Analysis:
"The Charter imposes a two term limit on members of boards and
commissions, and provides that a term is equal to four years.
In order to provide for a continuity of membership, the
Charter provides that members of boards or commissions are to
have staggered terms. It therefore requires that some of the
initial appointees to a newly formed board or commission serve
a "short term", that is--less than a full, four year term.
This proposal, if approved, would provide that service on a
board or commission for an initial term of less than two years
shall not be considered for the purposes of the two-term limit
applicable to service on boards and commissions, and that an
initial term of two years or greater, shall count the same as
a full, four year term towards the term limit of that member.
The proposed amendment also makes minor editorial changes.
A "yes" vote would approve the proposed amendment.
A "no" vote would reject the proposed amendment."
If the entire text of the measure is not printed in the voter
information portion of the sample ballot, print immediately below
this impartial analysis, in no less than lo-point bold type, (as
required by section 5011) the following legend:
"The above statement is an impartial analysis of Measure
M. If you desire a copy of the measure, please call the city
Clerk for the city of Chula Vista, who serves as the elections
official, at her office at 691-5041, and a copy will be mailed
8
13-12-
at no cost to you."
I have counted that this analysis uses 167 words.
9
13 ' IJ
Measure N
As to the Charter Amendment proposed under the Ballot Label shown
in the Call Resolution as follows:
Public Works Contracts: Shall section 1009 be YES
amended to increase the amounts which trigger
the application of existing, increasingly
stringent, bidding procedures required of the
city Manager and City Council to award Public
Works contracts from $25,000 to $50,000; and to
allow the City Council to waive any defects in NO
bids if, in a public hearing, the Council finds
such waiver is in the public interest?
the following is the City Attorney's Impartial Analysis:
"If this measure passes, section 1009 of the Charter will be
amended as follows:
1. Increase the size, in terms of dollars, of a public works
contract required to trigger the application of
increasingly stringent purchasing procedures.
As to the awarding of public works contracts by the City, the
Charter establishes a purchasing system that balances the need
to operate efficiently against the risk of abuse to the public
treasury. In general, the smaller the amount of money at
risk, the more efficiently the purchasing system is allowed to
operate.
A. Awarding Authority.
Thus, for such contracts under $10,000, the Charter permits
the city Manager to be the awarding authority instead of the
City Council. This amendment increases that limit to $25,000
so as to permit the Council to make the city Manager the
awarding authority for public works contracts under $25,000,
but requires the Council to be the awarding authority for
contracts over $25,000.
B. Formal Bidding Process.
Furthermore, for all such contracts, regardless of amount, the
Charter requires that the City get competitive prices. How-
ever, for such contracts under $25,000, the Charter permits
the Council to use an informal bidding process; but for con-
tracts over $25,000, the city must follow a formal bidding
10
13" 11/
process which involves requiring preparation of bid specifica-
tions, formal solicitation for bids including published adver-
tisement, formal bid opening, securing of bid bonds, and for-
mal bid award.
This amendment will increase that limit to $50,000 so as to
permit the informal bidding process to be used on such
contracts under $50,000, but require the formal bidding
process, including requiring the use of bid bonds, to be used
on such contracts over $50,000.
2. Authorize the city Council to waive bid defects if in the
public interest.
Most public works projects are awarded to the lowest
responsible bidder. Currently, the Council may waive minor
defects in a low bid but, generally speaking, may not waive
material bid defects.
The proposed amendment, if approved, would allow the City
Council to waive any defects in any bid, whether or not
material; but as to material defects, only if the City Council
finds, at a public hearing held for that purpose, that it is
necessary to waive the bid defect for the public good.
A "yes" vote will approve the proposed amendments and allow
the increase in the dollar amounts triggering application of
the existing bidding procedures applicable to public works
contracts, and allow the Council to waive material defects in
a bid following a public hearing.
A "no" vote will reject the proposed amendments."
If the entire text of the measure is not printed in the voter
information portion of the sample ballot, print immediately below
this impartial analysis, in no less than 10-point bold type, (as
required by section 5011) the following legend:
"The above statement is an impartial analysis of Measure
N. If you desire a copy of the measure, please call the City
Clerk for the City of Chula Vista, who serves as the elections
official, at her office at 691-5041, and a copy will be mailed
at no cost to you."
I have counted that this analysis uses 413 words.
11
13-/5 /IJ-I.'
RESOLUTION NO. 16735
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 ca 11 ed and ordered to be held in the City of Chul a Vi sta on
Tuesday, November 3, 1992, a General Municipal Election for the
purpose of electing councilmembers to seats 3 and 4 on the City
Counci 1 and to submi t to the voters certai n 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
Supervi sors of the County of San Di ego is hereby requested to
consent and agree to the consoli dati on of a General Muni ci pa 1
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:
E;rtfIBIT 73 13"'/1,
Resolution No. 16735
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 Counci 1 members 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 qual ifies. 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 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
)3-)7
Resolution No. 16735
Page 3
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
Counci 1 for a peri od of two (2) years or 1 ess 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
elect ion, to be held on the same date as the statewi de
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
I :J ,. /y"
Resolution No. 16735
Page 4
of votes in such special election for said seat or the Office
of Mayor in order to determi ne the wi nner and s hall 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.
~ If one of the two e1iqib1e 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 candi date
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 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 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 submi tted to the voters
as follows:
Vacancies: Shall Section 303 be amended to provide YES
that a Counci1member's Offi ce 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
Counci1member's attendance; and to require Council to
declare such vacancy as soon as practicable, and use NO
its best efforts to appoint a replacement within thirty
days, or call a special election?
I:J -/1
Resolution No. 16735
Page 5
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
Counci 1, such appoi ntee to hold offi ce until the fi rst 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 iH+ four (4)
consecutive regular meetings of the City Council scheduled and held
far a peria~ af thirty ~ays caAsec~ti~ely fram aA~ after the last
re~~lar City Ca~Acil meetiA~ atteA8ca by s~ch member, unless by
permi ss i on of the City Counci 1 expressed in its offi ci a 1 mi nutes
contemporaneouslv with such absences, or is convicted of a felony or
crime i nvo 1 vi ng moral turpitude, the offi ce shall become vacant.
The permission of the Council shall be qranted for anv temporarv
illness of the requestinq Councilmember disablinq him or her from
attendance at such meetinq.
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 vacancy by appointment within thirty 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 fi 11 such vacancy."
SECTION 7. That a proposed Charter Amendment measure be submitted to the voters
as follows:
Appointive Boards and Commissions: Shall Section 600 be YES
amended to allow Counci 1 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 NO
to boards and commissions?
IJ~..2~
Resolution No. 16735
Page 6
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. 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. bv ordinance.
provides. includinq such final decision makinq authoritv as the
Council mav elect to deleqate. not inconsistent with the provisions
of this Charter. In addition, the City Council, may create, by
ordi nance, such boards or commi ss ions 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 Counci 1. as are cons i stent wi th the provi s ions of thi s
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 shall be exempt from the requirements of this article.
but thev shall have no final decision makinq authoritv. thev mav
on 1 v render advi ce. and shall have no authori tv to di rect the
conduct of anv department."
SECTION 9. That a proposed Charter Amendment measure be submitted to the voters
as follows:
Appointments, Terms and Vacancies: Shall Sect ion 602 YES
of the Charter be amended to a 11 ow 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 NO
an unexpired term of two years or less?
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
13'';'/
Resolution No. 16735
Page 7
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 Tenns. 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 aavisery boards
and commissions shall be 1 imited 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 reappoi nted to the cemmi ss i aRbody upon whi ch the member had
served; provi ded, further, that for the purpose of thi s
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 i niti a 1 term or an unexpi red term in excess of two (2)
years shall be considered to be a full term.
(b) Initial Classification of Appointees. The members first
appoi nted to such boards and commi ss ions shall so cl assify
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 saara er cemmissieR 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 saara ar cammi ssi eRbody, consecuti ve 1 y, unl ess by
permission of such saara ar cemmissieRbody 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."
) 3".2.2.
Resolution No. 16735
Page 8
SECTION 11. 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 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 NO
Council finds such waiver is in the public interest?
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 Chula Vista:
"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 furni shi ng of supp 1 i es, materi a 1 s, equi pment 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 t'..'eRty five fifty thousand
dollars ($~50,OOO.00) or more for the construction, reconstruction,
improvement or repair of public buildings, streets, drains, sewers,
util i ties, parks and playgrounds and other pub 1 i c works, and the
furni shi ng of supp 1 i es, materi a 1 s, equi pment or contractua 1 servi ces
for same shall be done by wri tten contract except as otherwi se
provided in this chapter, and the Council, upon the recommendation
of the City Manager, shall let said contract to the lowest
respons i b 1 e bi dder after noti ce by pub 1 i cat ion in the offi ci a 1
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 ~ twenty-five thousand dollars ($+G25,000.OO)
but less than t'.leRty five fifty thousand dollars ($~50,OOO.OO), the
City Council may 1 et sai d contract without adverti si ng for bi ds
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 ~ twenty-five thousand
dollars ($M25,OOO.00) or less, the City Manager may cause such
written contract to be let without advertising for bids. However,
)J".23
Resolution No. 16735
Page 9
except in emergencies, the City Engineer or the Purchasing Agent
shall obtain informal bids. The project shall be awarded to the
lowest respons i b 1 e bi dder whose bi d is determi ned to be, in all
respects, most advantageous to the pub 1 i c interest. The Ci ty
Engineer may solicit such bids personally, by telephone or by mail,
and shall submit to the Purchasing Agent and the City Manager a
written account of the procedures used and the bids thus obtained.
A copy of said i nforma 1 bi ddi ng procedure shall be fil ed in the
Office of the City Clerk as a public record.
The City Council may, however, declare and determine that, in its
opinion, based upon estimates approved by and the recommendations
of the City Manager, said projects may be excepted from the
requirements of this section because the work in question may be
performed better or more economi ca 11 y by the City with its own
employees, and by a resolution to this effect, adopted by at least
four affirmative votes of the Council, order the performance of any
such construction, reconstruction, improvement or repair by
appropriate City forces.
All bids of more than t'.iCRty five fiftv thousand dollars
($~50,OOO.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 Ci ty Counci 1 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 Ci ty Council may reject any and all bi ds 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.
J :J - .,1. 'i
Resolution No. 16735
Page 10
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 preservati on 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 13. That the San Di ego County Regi strar of Voters is authori zed to
canvass the returns of the General Municipal Election.
SECTION 14. 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 15. That the Ci ty Cl erk is hereby di rected to fi 1 e a copy of thi s
reso 1 ut i on with the San Di ego County Board of Supervi sors and
Registrar of Voters.
SECTION 16. The Council reserves the authority to make minor technical changes,
amendments and del eti ons in the actual 1 anguage of the Charter
amendments herewith set forth in Sections 3 through 12 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 17. 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
Ci ty Attorney
13'.25
Resolution No. 16735
Page 11
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 4th day of August, 1992, by the following vote:
YES:
Councilmembers:
Malcolm, Moore, Rindone, Nader
NOES:
ABSENT:
Councilmembers:
None
Councilmembers:
Grasser Horton
ABSTAIN:
Councilmembers:
None
Tim Nader, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16735 was duly passed, approved,
and adopted by the City Council held on the 4th day of August, 1992.
Executed this 4th day of August, 1992.
Beverly A. Authelet, City Clerk
IJ'..2~
RESOLUTION NO. 16762
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
WHEREAS. a General Municipal Election is to be held in the City of Chula
Vista. California on November 3, 1992. at which there will be submitted to the
voters the following measures:
Measure J: 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
opportunity to participate in the runoff election
if one of the two runoff election candidates dies
more than ni nety days precedi ng that e 1 ecti on;
and to allow election of the remaining candidate
by operation of 1 aw if the candi date recei vi ng
the thi rd hi ghest number of votes decl i nes to
run?
Measure K: Vacancies: Shall Section 303 be amended to
provi de that a Council member's Offi ce becomes
vacant if a Councilmember, without excuse granted
contemporaneously, 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?
Measure L: Appointive Boards and Commissions: Shall Section
600 be amended to allow Council to provide
additional 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 to boards and commissions?
Measure M: Appointments, Terms and Vacancies: Shall Section
602 of the Charter be amended to allow initial
terms of 1 ess than two years to be di sregarded
for the purposes of the two-term limit on service
13""; 7
Resolution No. 16762
Page 2
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?
Measure N: Public Works Contracts: Shall Section 1009 be
amended to increase the 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?
WHEREAS, on January 10, 1978 by Resolution No. 8967, the Council adopted
provisions allowing for rebuttal arguments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES RESOLVE,
DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That the City Council authorizes:
Counci lmembers in favor/against
Measure J
Councilmembers in favor/against
Measure K
Councilmembers in favor/against
Measure L
Councilmembers in favor/against
Measure M
Council members in favor/against
Measure N
to file a written argument regarding the City Measure as specified
above in accordance with Article 4, Chapter 3, Division 5 of the
Elections Code of the State of California and to change the argument
until and including the date fixed by the City Clerk, August 24,
after which no arguments for or against the City measure may be
submitted to the City Clerk.
SECTION 2. That the city council directs the city clerk to transmit a copy of
the measures to the city attorney, unless the organization or
salaries of the office of the city attorney are affected. The city
attorney shall prepare an impartial analysis of the measure showing
the effect of the measure on the existing law and the operation of
the measure. The impartial analysis shall be filed by the date set
/3'':; r
Resolution No. 16762
Page 3
by the city clerk, August 24, for the filing of primary arguments.
SECTION 3. 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 Approved as to form by
Beverly A. Authelet
City Clerk
Bruce M. Boogaard
City Attorney
/3-'..2'1
California Cities
Work Toge/her
League of California Cities
1400 K STREET . SACRAMENTO, CA 95814 . (916) 444-5790
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July 14, 1992
To:
The Honorable Mayor and City Council
From:
Don Benninghoven, Executive Director
Re:
Designation of Voting Delegate for League Annual Conference
This year's League Annual Conference is scheduled for Saturday, October 10 through Tuesday,
October 13 in Los Angeles. One very important aspect of the Annual Conference is the
General Business Meeting when the membership takes action on conference resolutions.
Annual Conference resolutions guide cities and the League in our efforts to improve the
quality, responsiveness and vitality of local government in California. It is important that all
cities be represented at the Business Meeting on Tuesday, October 13, at 1:30 p.m. in the
Petree D Room in the Los Angeles Convention Center.
To expedite the conduct of business at this important policy-making meeting, each City Council
should designate a voting representative and an alternate who will be present at the Business
Meeting. The League Bylaws provide that each city is entitled to one vote in matters affecting
municipal or League policy. A voting card will be given to the city official designated by the
City Council on the enclosed "Voting Delegate Form." If the Mayor or a member of the City
Council is in attendance at the Conference, it is expected that one of these officials will be
designated as the voting delegate. However, if the City Council will not have a registered
delegate at the Conference but will be represented by other city officials, one of these officials
should be designated the voting delegate or alternate.
Please forward the enclosed "Voting Delegate Form" to the Sacramento office of the League at
the earliest possible time (not later than Friday, September 18, 1992), so that proper records
may be established for the Conference. The voting delegate may pick up the city's voting card
at the designated Voting Card Table located in the League Registration Area.
If neither the voting delegate nor alternate is able to attend the Business Meeting, the voting
delegate or alternate may pass the voting card to another official from the same city by
appearing in person before a representative of the Credentials Committee to make the
exchange. Prior to the Business Meeting, the card may be exchanged at the "Voting Card" table
in the League registration area. At the Business Meeting, the "Voting Card" table, where the
Credentials Committee will be seated, will be located in the front of the meeting room.
The voting procedures that will be followed at this conference are printed on the reverse side of
this memo. It is suggested that the Mayor and all Council Members from each city sit together
at the Business Meeting so that if amendments are considered there may be an opportunity to
exchange points of view and arrive at a consensus before each city's vote is cast.
Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated.
/~../
League of California Cities
Annual Conference Voting Procedures
1. Each member city has a right to cast one vote on matters pertaining to League policy.
2. To cast the city's vote a city official must have in his or her possession the city's voting
card and be registered with the Credentials Committee.
3. Prior to the Annual Conference, each city should designate a voting delegate and an
alternate and return the Voting Delegate Form to the League for use by the Credentials
Committee.
4. The voting delegate or alternate may pick up the city's voting card at the voting card
desk in the conference registration area.
5. Free exchange of the voting card between the voting delegate and alternate is permitted.
6. If neither the voting delegate nor alternate is able to attend the Business Session, the
voting delegate or alternate may pass the voting card to another official from the same
city by appearing in person before a representative of the Credentials Committee to
make the exchange. Prior to the Business Meeting, exchanges may be made at the
"Voting Card" table in the League Registration Area. At the Business Meeting,
exchanges may be made at the "Voting Card" table in the front of the meeting room.
7. Qualification of an initiative resolution is judged in part by the validity of signatures.
Only the signatures of city officials, who, according to the records of the Credentials
Committee, are authorized to use the city's voting card and who have. left a sample of
their signature on the Credentials Committee register will be approved.
8. In case of dispute, the Credentials Committee will determine the right of a city official to
vote at the Business Meeting.
/54.- -~
CITY:
LEAGUE OF CALIFORNIA CITIES
1992 ANNUAL CONFERENCE
VOTING DELEGATE FORM
1. VOTING DELEGATE:
(NAME)
(TITLE)
2. VOTING ALTERNATE:
(NAME)
(TITLE)
ATTEST:
(NAME)
(TITLE
Please Return To:
League of California Cities
1400 K Street
Sacramento, CA 95814
FAJ{: 916/444-8671
Not Later Than Friday. September 18. 1992
10
H: \pub \jl\acres \ votdel92.sav
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Reminder.
. .
The Downtown Revitalization/
Main Street Program Conference
is fast approaching!
August 6 . 7, 1992
in San Jose
Don't miss this opportunity to learn more about the latest revitalization techniques and
strategies to lead your downtown through these difficult economic times. Learn more
about:
. Retail Recruitment: The In's and Out's of Getting Businesses to Your City
. California's Economic Future: Growth Projections for Downtown
. Ethnic Economics: A New Economic Power
. Building Renovation Programs: Reap Big Economic Benefits
Special features at this year's Conference:
. Walking Tours: Downtown San Jose's achievements can be seen firsthand by
taking to the streets. Sponsored by the San Jose Downtown Association.
. Downtown Showcase: Manufacturers of downtown products will be on hand to
display their wares. Additionally, downtown revitalization programs can rent
booth space to highlight their achievements. If your downtown has a success story
to tell, the showcase is the place to tell it. Space is still available.
Conference site is the beautiful Fairmont Hotel, located in downtown San Jose. Room
reservations can be made by contact the hotel directly at (408) 998-1900.
Registration information packet can be obtain by calling the League of California
Cities at (916) 444-5790. Application for Downtown Showcase is included with
registration materials.
Advance conference registration deadline is July 24. Call today
to reserve a place for your city at this valuable conference. See
you in San Jose!
/~-'I
August 12, 1992
MEMO TO:
The Honorable City Council
Mayor Tim Nader f-~
RATIFICATION OF IFC APPOINTMENT
FROM:
SUBJECT:
I interviewed Mr. De La Mata for approximately 3D-minutes on August 12th. His
application submitted last November is somewhat outdated. Mr. De La Mata is currently
employed as Marketing Manager for the Latin-American region for Ankellnternational, a
firm that manufactures and exports motorcycle helmets.
TN:pw
Encls.
dela
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